Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB895 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 937 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.895 
Session of 
2025 
INTRODUCED BY HOWARD, FREEMAN, KENYATTA, HILL-EVANS, KHAN, 
SANCHEZ, GUENST AND GREEN, MARCH 13, 2025 
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2025 
AN ACT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled 
"A supplement to the act of April 9, 1929 (P.L.177, No.175), 
entitled 'An act providing for and reorganizing the conduct 
of the executive and administrative work of the Commonwealth 
by the Executive Department thereof and the administrative 
departments, boards, commissions, and officers thereof, 
including the boards of trustees of State Normal Schools, or 
Teachers Colleges; abolishing, creating, reorganizing or 
authorizing the reorganization of certain administrative 
departments, boards, and commissions; defining the powers and 
duties of the Governor and other executive and administrative 
officers, and of the several administrative departments, 
boards, commissions, and officers; fixing the salaries of the 
Governor, Lieutenant Governor, and certain other executive 
and administrative officers; providing for the appointment of 
certain administrative officers, and of all deputies and 
other assistants and employes in certain departments, boards, 
and commissions; and prescribing the manner in which the 
number and compensation of the deputies and all other 
assistants and employes of certain departments, boards and 
commissions shall be determined,' implementing the addition 
of section 4.1 to Article IV of the Constitution of 
Pennsylvania; establishing the Office of Attorney General 
elected by the citizens and setting forth powers and duties 
of the Attorney General; creating an Office of General 
Counsel and providing for legal services for Commonwealth 
agencies; transferring, reorganizing or reconstituting 
certain boards, commissions and agencies; placing certain 
duties upon the courts and district attorneys; repealing 
certain acts and parts of acts and making appropriations," in 
Office of Attorney General, providing for c itizens' 
intervention in conspiracies; and imposing duties on the 
Office of Attorney General.
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33 This act shall be known and may be cited as the Citizens' 
Intervention in Conspiracies Act.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The act of October 15, 1980 (P.L.950, No.164), 
known as the Commonwealth Attorneys Act, is amended by adding a 
section to read:
Section 205.1.  Citizens' intervention in conspiracies.
(a)  Findings and declarations.--The General Assembly finds 
and declares as follows:
(1)  While the office has substantial authority under 
numerous Federal statutes to enforce laws in concurrence with 
Federal authority, prosecution of many of the crimes 
implicated is hampered by a lack of access to evidence.
(2)  The office should be empowered to collaborate more 
fully with interested parties that may have information about 
crimes affecting this Commonwealth and its residents.
(b)  Communication with office.--
(1)  The office shall establish a publicly accessible 
Internet website, email address and toll-free telephone 
number, or shall modify an existing publicly accessible 
Internet website, email address and toll-free telephone 
number, to enable a person with knowledge of a violation of a 
statute or regulation enumerated in subsection (c), or in 
possession of evidence of the violation, to communicate with 
the office and provide information and evidence regarding the 
violation.
(2)  Upon communicating with the office under paragraph 
(1), the office shall provide the person with a unique 
identifying number regarding the subject matter. The person 
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30 must then:
(i)  Create a password of the person's choosing.
(ii)  Provide information to the office sufficient 
for the office to be able to contact the person and 
summon the person to testify in a proceeding brought by 
the office regarding the subject matter.
(c)  Enumerated offenses.--The information and evidence 
provided under subsection (b)(1) shall be collected to prosecute 
crimes for which the office has original or concurrent 
jurisdiction, including the following Federal acts and any rules 
or regulations promulgated thereunder:
(1)  12 U.S.C. Ch. 27 (relating to real estate settlement 
procedures).
(2)  12 U.S.C. Ch. 53 (relating to Wall Street reform and 
consumer protection).
(3)  15 U.S.C. Ch. 1 (relating to monopolies and 
combinations in restraint of trade).
(4)  15 U.S.C. Ch. 41 Subch. I Pt. A (relating to general 
provisions), regarding consumer credit cost disclosure.
(5)  15 U.S.C. Ch. 41 Subch. II-A (relating to credit 
repair organizations).
(6)  15 U.S.C. Ch. 41 Subch. III (relating to credit 
reporting agencies).
(7)  15 U.S.C. Ch. 47 (relating to consumer product 
safety).
(8)  15 U.S.C. Ch. 87 (relating to telemarketing and 
consumer fraud and abuse prevention).
(9)  15 U.S.C. Ch. 91 (relating to children's online 
privacy protection).
(10)  15 U.S.C. Ch. 103 (relating to controlling the 
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30 assault of non-solicited pornography and marketing).
(11)  15 U.S.C. Ch. 104 (relating to sports agent 
responsibility and trust).
(12)  15 U.S.C. Ch. 110 (relating to online shopper 
protection).
(13)  18 U.S.C. Ch. 96 (relating to racketeer influenced 
and corrupt organizations).
(14)  21 U.S.C. Ch. 9 (relating to Federal Food, Drug, 
and Cosmetic Act).
(15)  42 U.S.C. Ch. 6A Subch. XXVIII (relating to health 
information technology and quality).
(16)  42 U.S.C. Ch. 156 Subch. III (relating to privacy).
(17)  47 U.S.C. ยง 227 (relating to restrictions on use of 
telephone equipment).
(18)  49 U.S.C. Subt. IV Pt. B (relating to motor 
carriers, water carriers, brokers, and freight forwarders).
(d)  Referral.--If a communication under subsection (b)(1) 
involves an offense for which the office does not have 
jurisdiction to prosecute or litigate, the office shall refer 
the matter to an appropriate office that does have jurisdiction, 
including a Federal office, another State office or a county or 
municipal office.
(e)  Motion to determine witness award.--
(1)  If the office makes a successful monetary recovery 
regarding an offense under subsection (c) for which a person 
provided information or evidence to the office under 
subsection (b)(1), the office shall file with the court a 
motion to determine a witness award for the person.
(2)  The motion must provide the court with a list of all 
the information and evidence that the person provided to the 
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30 office and that assisted in the successful monetary recovery.
(3)  The motion must be assigned a separate term and case 
number from the underlying case regarding the offense.
(f)  Determination of witness award.--The court shall render 
a determination in writing on the motion, in which the court 
shall:
(1)  Address the substantial nature of each piece of 
information or evidence enumerated in the motion, which forms 
the basis of the witness award for the person that provided 
the information or evidence to the office.
(2)  Direct the office to set aside the relevant 
percentage of the monetary recovery for the witness award for 
the person that provided the information or evidence to the 
office.
(g)  Amount of witness award.--A person that receives a 
witness award under this subsection may not receive:
(1)  More than 15% of the successful monetary recovery 
regarding the offense.
(2)  Subject to paragraph (1), less than 5% of the 
successful monetary recovery regarding the offense if the 
person played a substantial role in the monetary recovery.
(h)  Substantial nature.--For purposes of determining whether 
information or evidence was substantial to the monetary 
recovery, a determination that at least 5% of the monetary 
recovery would not have been possible but for the provision of 
the information or evidence is sufficient.
(i)  Appeal.--If the court determines that a person that is 
the subject of the motion did not play a substantial role in the 
monetary recovery, the person may appeal the determination to 
Commonwealth Court.
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30 (j)  Remedy for excluded person, information or evidence.--If 
the office makes a successful monetary recovery regarding an 
offense under subsection (c) for which a person provided 
information or evidence to the office under subsection (b)(1) 
and the office neglects to include in the motion the person or 
any of the information or evidence provided by the person that 
assisted in the successful monetary recovery, the person may 
bring a timely action against the office in Commonwealth Court 
to compel the consideration of the excluded person, information 
or evidence in the determination of the witness award under this 
subsection.
(k)  Disbursement of witness award money.--The office shall 
disburse a witness award in accordance with this section as soon 
as practicable after 30 days following the successful monetary 
recovery regarding an offense under subsection (c) and, as 
applicable:
(1)  the determination under subsection (f);
(2)  the successful appeal under subsection (i); or
(3)  the conclusion of the proceedings under subsection 
(j).
(l)  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:
"Court."  With respect to a determination of a witness award 
under subsection (f) following a successful monetary recovery 
regarding an offense under this section:
(1)  the presiding judge of the trial on the offense; or
(2)  if the successful monetary recovery arises without 
trial, a judge assigned for the purpose of making the 
determination.
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30 "Motion."  A motion to determine a witness award, as 
described in subsection (e).
"Office."  The Office of Attorney General of the 
Commonwealth.
Section 2.  This act shall take effect in 180 days.
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