SB 873 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in depositions and witnesses, providing for informant testimony.

Bill Text

• Printer's No. 1248 View text Current pdf

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The bill establishes new requirements for the disclosure of informant testimony in criminal proceedings.

• 42 Pa.C.S. § 5919.1

  § 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 relevant evidentiary hearing or trial its 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 such testimony to a law enforcement officer. (c) Exception to notice requirement.--The court may permit the prosecution to disclose its 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 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) 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.

  This section adds new regulations on the disclosure of informant testimony before trial.

Action History

1. October 15, 2019

   PN 1248 Referred to JUDICIARY

Sponsors

• Jay Costa · Cosponsor
• Vincent J. Hughes · Primary
• Farnese · Cosponsor
• Leach · Cosponsor
• Timothy P. Kearney · Cosponsor
• Katie J. Muth · Cosponsor

Subjects