Bill Summary – FastDemocracy

PRINTER'S NO.   317
                      THE GENERAL ASSEMBLY OF PENNSYLVANIA
                          SENATE BILL
                          No. 369
                                                 Session of
                                                   2025
     INTRODUCED BY HUGHES, KEARNEY, HAYWOOD, SCHWANK, COSTA AND KANE,
        MARCH 6, 2025
     REFERRED TO JUDICIARY, MARCH 6, 2025
                                      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,
    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
 procedures 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.
                (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 must 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 must 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."    A 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."    As follows:
          (1)   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.
          (2)   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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