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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 20250HB0895PN0937 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0895PN0937 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0895PN0937 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0895PN0937 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0895PN0937 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0895PN0937 - 7 - 1 2 3 4 5