PRINTER'S NO. 803
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
716
Session of
2023
INTRODUCED BY HUGHES, FONTANA, KEARNEY, CAPPELLETTI, SCHWANK,
KANE, COSTA AND STREET, JUNE 2, 2023
REFERRED TO JUDICIARY, JUNE 2, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in depositions and
witnesses, providing for informant testimony.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5919.1. Informant testimony.
(a) Use of informant testimony.--Except as provided under
subsection (c), in any criminal proceeding or capital case in
which the prosecution attempts to introduce evidence of
incriminating statements made by the accused to or overheard by
an informant, the prosecution shall, at least 30 days prior to a
relevant evidentiary hearing or trial, timely disclose in
discovery:
(1) All names, known aliases, inmate identification
numbers and date of birth of the informant.
(2) The complete criminal history of the informant,
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including any charges pending or charges which were reduced
or dismissed as part of a plea agreement.
(3) The informant's cooperation agreement with the
prosecution, including any deal, promise, inducement or
benefit that the offering party has made or may make to the
informant in the future.
(4) All statements, including inconsistent and
inculpatory, allegedly made by the accused to the informant.
(5) The time and place of the alleged statements, the
time and place of the disclosure to law enforcement officials
and the names of all individuals who were present when the
alleged statements were made.
(6) Whether at any time the informant recanted the
testimony or statement and, if so, the time and place of the
recantation, the nature of the recantation and the names of
the individuals who were present at the recantation.
(7) Other cases in which the informant testified,
provided that the existence of the testimony can be
ascertained through reasonable inquiry and whether the
informant received any promise, inducement or benefit in
exchange for or subsequent to the testimony or statement.
(8) Any lawful audio or audio-visual recording made of a
statement by an informant to law enforcement officials,
including any deal, promise, inducement or other benefit
offered to the informant.
(9) Any other information relevant to the informant's
credibility.
(b) Reliability hearing.--Except as provided under
subsection (c), in any case under subsection (a), the
prosecution shall disclose at least 30 days prior to any
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relevant evidentiary hearing or trial the prosecution's intent
to introduce the testimony of an informant. The following shall
apply:
(1) The court shall conduct a hearing to determine
whether the testimony of the informant is reliable and
admissible, unless the defendant waives the hearing.
(2) If the prosecution fails to show by a preponderance
of the evidence that the informant's testimony is reliable,
the court may not allow the testimony to be heard at trial.
(3) Inclusive of the disclosures under subsection (a),
the court shall consider the following factors:
(i) the extent to which the informant's testimony is
confirmed by other evidence;
(ii) the specificity of the testimony;
(iii) the extent to which the testimony contains
details known only by the perpetrator of the alleged
offense;
(iv) the extent to which the details of the
testimony could be obtained from a source other than the
defendant; and
(v) the circumstances under which the informant
initially provided information supporting the testimony
to a law enforcement officer.
(c) Exception to notice requirement.--The court may permit
the prosecution to disclose the prosecution's intent to
introduce the testimony of an informant with less notice than
the 30 days required under subsections (a) and (b) if the court
finds that the informant was not known prior to the 30-day
period and could not have been discovered or obtained by the
exercise of due diligence by the prosecution prior to the 30-day
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period. Upon good cause shown, the court may set a reasonable
notice period under the circumstances or may continue the trial
on the court's own motion to allow for a reasonable notice
period, which motion shall toll the prompt trial period under
Pa.R.Crim.P. No. 600 (relating to prompt trial) for the period
of the continuance.
(d) Victim notification.--
(1) A prosecutor shall make reasonable efforts to notify
a victim if the prosecutor has decided to offer or provide
any of the following benefits to an informant in exchange
for, or as a result of, the informant offering or providing
testimony against a suspect or defendant:
(i) Reduction or dismissal of charges.
(ii) A plea bargain.
(iii) Support for a modification of the amount or
conditions of bail.
(iv) Support for a motion to reduce or modify a
sentence.
(2) If the informant is still in custody, the prosecutor
shall attempt to give notice before an informant is released
from custody. Efforts to notify a victim should include, in
order of priority:
(i) Contacting the victim or a person designated by
the victim by telephone.
(ii) Contacting the victim by mail.
(3) If a prosecutor notifies a victim of domestic
violence, any criminal sex offense or harassment or stalking
under 18 Pa.C.S. (relating to crimes and offenses), the
prosecutor shall also inform the victim of the method and
benefits of seeking an order for protection from abuse
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pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from
abuse).
(4) The notification under this subsection shall be in
addition to the notification requirements and rights provided
for under the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act.
(e) Internal records.--
(1) Each prosecuting entity's office shall maintain
records of informants in an internal database for a period of
20 years from the date that the informant's information was
entered into the internal database. Informant information
shall be recorded and maintained regardless of whether the
informant testified, or the testimony was presented at trial.
The information to be collected shall include the following:
(i) The docket number of the case in which the
informant testified or planned to testify.
(ii) The name of the informant, including any known
aliases or alternative spellings.
(iii) The date of birth of the informant.
(iv) The substance and use of any testimony of an
informant.
(v) The informant's cooperation agreement with the
prosecution and any benefit the prosecution has offered
or may offer in the future to the informant in connection
with the testimony.
(2) Information collected and records maintained under
this subsection are confidential and exempt from access under
the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law. Only the prosecuting entity may access
internal records but may provide information on a specific
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informant to another prosecuting entity upon request, and as
required by this section when disclosing discoverable
evidence.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Benefit." Any plea agreement, bail consideration, reduction
or modification of sentence or any other leniency, immunity,
financial payment, reward or amelioration of current or future
conditions of incarceration offered or provided in connection
with, or in exchange for, testimony that is offered or provided
by an informant.
"Informant." An individual who is purporting to testify
about admissions made to the individual by the accused while
detained or incarcerated in a penal institution
contemporaneously. The term does not include a codefendant or
confidential informant who does not provide testimony against a
suspect or defendant.
"Prosecuting entity." A county district attorney's office or
the Office of Attorney General.
Section 2. This act shall take effect in 60 days.
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