HB 895 — An Act amending the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, in Office of Attorney General, providing for citizens' intervention in conspiracies; and imposing duties on the Office of Attorney General.

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
 1   Amending the act of October 15, 1980 (P.L.950, No.164), entitled
 2      "A supplement to the act of April 9, 1929 (P.L.177, No.175),
 3      entitled 'An act providing for and reorganizing the conduct
 4      of the executive and administrative work of the Commonwealth
 5      by the Executive Department thereof and the administrative
 6      departments, boards, commissions, and officers thereof,
 7      including the boards of trustees of State Normal Schools, or
 8      Teachers Colleges; abolishing, creating, reorganizing or
 9      authorizing the reorganization of certain administrative
10      departments, boards, and commissions; defining the powers and
11      duties of the Governor and other executive and administrative
12      officers, and of the several administrative departments,
13      boards, commissions, and officers; fixing the salaries of the
14      Governor, Lieutenant Governor, and certain other executive
15      and administrative officers; providing for the appointment of
16      certain administrative officers, and of all deputies and
17      other assistants and employes in certain departments, boards,
18      and commissions; and prescribing the manner in which the
19      number and compensation of the deputies and all other
20      assistants and employes of certain departments, boards and
21      commissions shall be determined,' implementing the addition
22      of section 4.1 to Article IV of the Constitution of
23      Pennsylvania; establishing the Office of Attorney General
24      elected by the citizens and setting forth powers and duties
25      of the Attorney General; creating an Office of General
26      Counsel and providing for legal services for Commonwealth
27      agencies; transferring, reorganizing or reconstituting
28      certain boards, commissions and agencies; placing certain
29      duties upon the courts and district attorneys; repealing
30      certain acts and parts of acts and making appropriations," in
31      Office of Attorney General, providing for citizens'
32      intervention in conspiracies; and imposing duties on the
33      Office of Attorney General.
 1      This act shall be known and may be cited as the Citizens'
 2   Intervention in Conspiracies Act.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5      Section 1.    The act of October 15, 1980 (P.L.950, No.164),
 6   known as the Commonwealth Attorneys Act, is amended by adding a
 7   section to read:
 8   Section 205.1.    Citizens' intervention in conspiracies.
 9      (a)   Findings and declarations.--The General Assembly finds
10   and declares as follows:
11            (1)   While the office has substantial authority under
12      numerous Federal statutes to enforce laws in concurrence with
13      Federal authority, prosecution of many of the crimes
14      implicated is hampered by a lack of access to evidence.
15            (2)   The office should be empowered to collaborate more
16      fully with interested parties that may have information about
17      crimes affecting this Commonwealth and its residents.
18      (b)   Communication with office.--
19            (1)   The office shall establish a publicly accessible
20      Internet website, email address and toll-free telephone
21      number, or shall modify an existing publicly accessible
22      Internet website, email address and toll-free telephone
23      number, to enable a person with knowledge of a violation of a
24      statute or regulation enumerated in subsection (c), or in
25      possession of evidence of the violation, to communicate with
26      the office and provide information and evidence regarding the
27      violation.
28            (2)   Upon communicating with the office under paragraph
29      (1), the office shall provide the person with a unique
30      identifying number regarding the subject matter. The person

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 1      must then:
 2                   (i)    Create a password of the person's choosing.
 3                   (ii)    Provide information to the office sufficient
 4            for the office to be able to contact the person and
 5            summon the person to testify in a proceeding brought by
 6            the office regarding the subject matter.
 7      (c)   Enumerated offenses.--The information and evidence
 8   provided under subsection (b)(1) shall be collected to prosecute
 9   crimes for which the office has original or concurrent
10   jurisdiction, including the following Federal acts and any rules
11   or regulations promulgated thereunder:
12            (1)    12 U.S.C. Ch. 27 (relating to real estate settlement
13      procedures).
14            (2)    12 U.S.C. Ch. 53 (relating to Wall Street reform and
15      consumer protection).
16            (3)    15 U.S.C. Ch. 1 (relating to monopolies and
17      combinations in restraint of trade).
18            (4)    15 U.S.C. Ch. 41 Subch. I Pt. A (relating to general
19      provisions), regarding consumer credit cost disclosure.
20            (5)    15 U.S.C. Ch. 41 Subch. II-A (relating to credit
21      repair organizations).
22            (6)    15 U.S.C. Ch. 41 Subch. III (relating to credit
23      reporting agencies).
24            (7)    15 U.S.C. Ch. 47 (relating to consumer product
25      safety).
26            (8)    15 U.S.C. Ch. 87 (relating to telemarketing and
27      consumer fraud and abuse prevention).
28            (9)    15 U.S.C. Ch. 91 (relating to children's online
29      privacy protection).
30            (10)    15 U.S.C. Ch. 103 (relating to controlling the

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 1      assault of non-solicited pornography and marketing).
 2            (11)   15 U.S.C. Ch. 104 (relating to sports agent
 3      responsibility and trust).
 4            (12)   15 U.S.C. Ch. 110 (relating to online shopper
 5      protection).
 6            (13)   18 U.S.C. Ch. 96 (relating to racketeer influenced
 7      and corrupt organizations).
 8            (14)   21 U.S.C. Ch. 9 (relating to Federal Food, Drug,
 9      and Cosmetic Act).
10            (15)   42 U.S.C. Ch. 6A Subch. XXVIII (relating to health
11      information technology and quality).
12            (16)   42 U.S.C. Ch. 156 Subch. III (relating to privacy).
13            (17)   47 U.S.C. § 227 (relating to restrictions on use of
14      telephone equipment).
15            (18)   49 U.S.C. Subt. IV Pt. B (relating to motor
16      carriers, water carriers, brokers, and freight forwarders).
17      (d)   Referral.--If a communication under subsection (b)(1)
18   involves an offense for which the office does not have
19   jurisdiction to prosecute or litigate, the office shall refer
20   the matter to an appropriate office that does have jurisdiction,
21   including a Federal office, another State office or a county or
22   municipal office.
23      (e)   Motion to determine witness award.--
24            (1)    If the office makes a successful monetary recovery
25      regarding an offense under subsection (c) for which a person
26      provided information or evidence to the office under
27      subsection (b)(1), the office shall file with the court a
28      motion to determine a witness award for the person.
29            (2)    The motion must provide the court with a list of all
30      the information and evidence that the person provided to the

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 1      office and that assisted in the successful monetary recovery.
 2            (3)   The motion must be assigned a separate term and case
 3      number from the underlying case regarding the offense.
 4      (f)   Determination of witness award.--The court shall render
 5   a determination in writing on the motion, in which the court
 6   shall:
 7            (1)   Address the substantial nature of each piece of
 8      information or evidence enumerated in the motion, which forms
 9      the basis of the witness award for the person that provided
10      the information or evidence to the office.
11            (2)   Direct the office to set aside the relevant
12      percentage of the monetary recovery for the witness award for
13      the person that provided the information or evidence to the
14      office.
15      (g)   Amount of witness award.--A person that receives a
16   witness award under this subsection may not receive:
17            (1)   More than 15% of the successful monetary recovery
18      regarding the offense.
19            (2)   Subject to paragraph (1), less than 5% of the
20      successful monetary recovery regarding the offense if the
21      person played a substantial role in the monetary recovery.
22      (h)   Substantial nature.--For purposes of determining whether
23   information or evidence was substantial to the monetary
24   recovery, a determination that at least 5% of the monetary
25   recovery would not have been possible but for the provision of
26   the information or evidence is sufficient.
27      (i)   Appeal.--If the court determines that a person that is
28   the subject of the motion did not play a substantial role in the
29   monetary recovery, the person may appeal the determination to
30   Commonwealth Court.

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 1      (j)    Remedy for excluded person, information or evidence.--If
 2   the office makes a successful monetary recovery regarding an
 3   offense under subsection (c) for which a person provided
 4   information or evidence to the office under subsection (b)(1)
 5   and the office neglects to include in the motion the person or
 6   any of the information or evidence provided by the person that
 7   assisted in the successful monetary recovery, the person may
 8   bring a timely action against the office in Commonwealth Court
 9   to compel the consideration of the excluded person, information
10   or evidence in the determination of the witness award under this
11   subsection.
12      (k)    Disbursement of witness award money.--The office shall
13   disburse a witness award in accordance with this section as soon
14   as practicable after 30 days following the successful monetary
15   recovery regarding an offense under subsection (c) and, as
16   applicable:
17             (1)   the determination under subsection (f);
18             (2)   the successful appeal under subsection (i); or
19             (3)   the conclusion of the proceedings under subsection
20      (j).
21      (l)    Definitions.--As used in this section, the following
22   words and phrases shall have the meanings given to them in this
23   subsection unless the context clearly indicates otherwise:
24      "Court."     With respect to a determination of a witness award
25   under subsection (f) following a successful monetary recovery
26   regarding an offense under this section:
27             (1)   the presiding judge of the trial on the offense; or
28             (2)   if the successful monetary recovery arises without
29      trial, a judge assigned for the purpose of making the
30      determination.

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1      "Motion."    A motion to determine a witness award, as
2   described in subsection (e).
3      "Office."    The Office of Attorney General of the
4   Commonwealth.
5      Section 2.   This act shall take effect in 180 days.




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