SB 369 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in depositions and witnesses, providing for informant testimony.

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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in depositions and
 3      witnesses, providing for informant testimony.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Title 42 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 5919.1.      Informant testimony.
 9      (a)   Use of informant testimony.--Except as provided under
10   subsection (c), in any criminal proceeding or capital case in
11   which the prosecution attempts to introduce evidence of
12   incriminating statements made by the accused to or overheard by
13   an informant, the prosecution shall, at least 30 days prior to a
14   relevant evidentiary hearing or trial, timely disclose in
15   discovery:
16            (1)    All names, known aliases, inmate identification
17      numbers and date of birth of the informant.
18            (2)    The complete criminal history of the informant,
 1      including any charges pending or charges which were reduced
 2      or dismissed as part of a plea agreement.
 3            (3)   The informant's cooperation agreement with the
 4      prosecution, including any deal, promise, inducement or
 5      benefit that the offering party has made or may make to the
 6      informant in the future.
 7            (4)   All statements, including inconsistent and
 8      inculpatory, allegedly made by the accused to the informant.
 9            (5)   The time and place of the alleged statements, the
10      time and place of the disclosure to law enforcement officials
11      and the names of all individuals who were present when the
12      alleged statements were made.
13            (6)   Whether at any time the informant recanted the
14      testimony or statement and, if so, the time and place of the
15      recantation, the nature of the recantation and the names of
16      the individuals who were present at the recantation.
17            (7)   Other cases in which the informant testified,
18      provided that the existence of the testimony can be
19      ascertained through reasonable inquiry and whether the
20      informant received any promise, inducement or benefit in
21      exchange for or subsequent to the testimony or statement.
22            (8)   Any lawful audio or audio-visual recording made of a
23      statement by an informant to law enforcement officials,
24      including any deal, promise, inducement or other benefit
25      offered to the informant.
26            (9)   Any other information relevant to the informant's
27      credibility.
28      (b)   Reliability hearing.--Except as provided under
29   subsection (c), in any case under subsection (a), the
30   prosecution shall disclose at least 30 days prior to any

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 1   relevant evidentiary hearing or trial the prosecution's intent
 2   to introduce the testimony of an informant. The following
 3   procedures shall apply:
 4            (1)   The court shall conduct a hearing to determine
 5      whether the testimony of the informant is reliable and
 6      admissible, unless the defendant waives the hearing.
 7            (2)   If the prosecution fails to show by a preponderance
 8      of the evidence that the informant's testimony is reliable,
 9      the court may not allow the testimony to be heard at trial.
10            (3)   Inclusive of the disclosures under subsection (a),
11      the court shall consider the following factors:
12                  (i)    The extent to which the informant's testimony is
13            confirmed by other evidence.
14                  (ii)    The specificity of the testimony.
15                  (iii)    The extent to which the testimony contains
16            details known only by the perpetrator of the alleged
17            offense.
18                  (iv)    The extent to which the details of the
19            testimony could be obtained from a source other than the
20            defendant.
21                  (v)    The circumstances under which the informant
22            initially provided information supporting the testimony
23            to a law enforcement officer.
24      (c)   Exception to notice requirement.--The court may permit
25   the prosecution to disclose the prosecution's intent to
26   introduce the testimony of an informant with less notice than
27   the 30 days required under subsections (a) and (b) if the court
28   finds that the informant was not known prior to the 30-day
29   period and could not have been discovered or obtained by the
30   exercise of due diligence by the prosecution prior to the 30-day

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 1   period. Upon good cause shown, the court may set a reasonable
 2   notice period under the circumstances or may continue the trial
 3   on the court's own motion to allow for a reasonable notice
 4   period, which motion shall toll the prompt trial period under
 5   Pa.R.Crim.P. No. 600 (relating to prompt trial) for the period
 6   of the continuance.
 7      (d)   Victim notification.--
 8            (1)   A prosecutor shall make reasonable efforts to notify
 9      a victim if the prosecutor has decided to offer or provide
10      any of the following benefits to an informant in exchange
11      for, or as a result of, the informant offering or providing
12      testimony against a suspect or defendant:
13                  (i)    Reduction or dismissal of charges.
14                  (ii)    A plea bargain.
15                  (iii)    Support for a modification of the amount or
16            conditions of bail.
17                  (iv)    Support for a motion to reduce or modify a
18            sentence.
19            (2)   If the informant is still in custody, the prosecutor
20      shall attempt to give notice before an informant is released
21      from custody. Efforts to notify a victim must include, in
22      order of priority:
23                  (i)    Contacting the victim or a person designated by
24            the victim by telephone.
25                  (ii)    Contacting the victim by mail.
26            (3)   If a prosecutor notifies a victim of domestic
27      violence, any criminal sex offense or harassment or stalking
28      under 18 Pa.C.S. (relating to crimes and offenses), the
29      prosecutor shall also inform the victim of the method and
30      benefits of seeking an order for protection from abuse

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 1    pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from
 2    abuse).
 3          (4)   The notification under this subsection shall be in
 4    addition to the notification requirements and rights provided
 5    for under the act of November 24, 1998 (P.L.882, No.111),
 6    known as the Crime Victims Act.
 7    (e)   Internal records.--
 8          (1)   Each prosecuting entity's office shall maintain
 9    records of informants in an internal database for a period of
10    20 years from the date that the informant's information was
11    entered into the internal database. Informant information
12    shall be recorded and maintained regardless of whether the
13    informant testified or the testimony was presented at trial.
14    The information to be collected must include the following:
15                (i)    The docket number of the case in which the
16          informant testified or planned to testify.
17                (ii)    The name of the informant, including any known
18          aliases or alternative spellings.
19                (iii)    The date of birth of the informant.
20                (iv)    The substance and use of any testimony of an
21          informant.
22                (v)    The informant's cooperation agreement with the
23          prosecution and any benefit the prosecution has offered
24          or may offer in the future to the informant in connection
25          with the testimony.
26          (2)   Information collected and records maintained under
27    this subsection are confidential and exempt from access under
28    the act of February 14, 2008 (P.L.6, No.3), known as the
29    Right-to-Know Law. Only the prosecuting entity may access
30    internal records but may provide information on a specific

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 1      informant to another prosecuting entity upon request and as
 2      required by this section when disclosing discoverable
 3      evidence.
 4      (f)   Definitions.--As used in this section, the following
 5   words and phrases shall have the meanings given to them in this
 6   subsection unless the context clearly indicates otherwise:
 7      "Benefit."    A plea agreement, bail consideration, reduction
 8   or modification of sentence or any other leniency, immunity,
 9   financial payment, reward or amelioration of current or future
10   conditions of incarceration offered or provided in connection
11   with, or in exchange for, testimony that is offered or provided
12   by an informant.
13      "Informant."    As follows:
14            (1)   An individual who is purporting to testify about
15      admissions made to the individual by the accused while
16      detained or incarcerated in a penal institution
17      contemporaneously.
18            (2)   The term does not include a codefendant or
19      confidential informant who does not provide testimony against
20      a suspect or defendant.
21      "Prosecuting entity."    A county district attorney's office or
22   the Office of Attorney General.
23      Section 2.    This act shall take effect in 60 days.




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