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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PARKER, CALTAGIRONE, BARRAR, BOYLE, FABRIZIO, HALUSKA, HARKINS, KORTZ, LENTZ, MYERS, PAYTON, READSHAW, ROEBUCK, WILLIAMS AND YOUNGBLOOD, JUNE 16, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 2009 |
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| AN ACT |
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1 | Amending Title 44 (Law and Justice) of the Pennsylvania |
2 | Consolidated Statutes, providing for witness relocation. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Title 44 of the Pennsylvania Consolidated |
6 | Statutes is amended by adding a part to read: |
7 | PART II-A |
8 | PROGRAMS |
9 | Chapter |
10 | 31. Witness Relocation |
11 | CHAPTER 31 |
12 | WITNESS RELOCATION |
13 | Sec. |
14 | 3101. Definitions. |
15 | 3102. Administration. |
16 | 3103. Program. |
17 | 3104. Admission. |
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1 | 3105. Witness services. |
2 | 3106. Termination. |
3 | 3107. Confidentiality. |
4 | 3108. Immunity. |
5 | § 3101. Definitions. |
6 | The following words and phrases when used in this chapter |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Program." The program established in section 3103 (relating |
10 | to program). |
11 | "Witness." An individual having knowledge of the existence |
12 | or nonexistence of facts or information relating to a crime. The |
13 | term includes: |
14 | (1) An individual who has reported facts or information |
15 | to a law enforcement officer or prosecuting official. |
16 | (2) An individual who has been served with a subpoena |
17 | issued under the authority of the Commonwealth. |
18 | (3) An individual who has given written or oral |
19 | testimony or a statement in a criminal matter. |
20 | (4) An individual who is deemed by the Attorney General |
21 | or the prosecuting official to be a witness. |
22 | § 3102. Administration. |
23 | The Attorney General has the following powers and duties: |
24 | (1) Administer the program. |
25 | (2) Promulgate procedures and guidelines to administer |
26 | this chapter. |
27 | § 3103. Program. |
28 | The Attorney General shall establish a Statewide witness |
29 | relocation program and may provide for the relocation of a |
30 | witness, a potential witness, a family member or other person |
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1 | closely associated with the witness or potential witness in an |
2 | official proceeding or investigation. |
3 | § 3104. Admission. |
4 | (a) Eligibility.--A prosecuting official that determines a |
5 | need for witness relocation may request funding from the |
6 | Attorney General. In an official proceeding or investigation |
7 | within this Commonwealth, if the prosecuting official requests |
8 | that a witness enter the program, the Attorney General may admit |
9 | the witness into the program. |
10 | (b) Agreement.--If the Attorney General determines that a |
11 | witness is eligible under subsection (a), the following shall |
12 | apply: |
13 | (1) A witness voluntarily participating in the program |
14 | must enter into a written agreement. |
15 | (2) In the written agreement under paragraph (1), the |
16 | witness must agree to all of the following: |
17 | (i) To testify in and provide truthful information |
18 | to all appropriate law enforcement officials concerning |
19 | all appropriate proceedings. |
20 | (ii) To refrain from committing a crime. |
21 | (iii) To take necessary steps to avoid detection by |
22 | others of the facts concerning the relocation provided to |
23 | the witness under this chapter. |
24 | (iv) To comply with legal obligations and civil |
25 | judgments against the witness. |
26 | (v) To cooperate with reasonable requests of |
27 | officers and employees of the Commonwealth or a political |
28 | subdivision who are providing relocation under this |
29 | chapter. |
30 | (vi) To designate another person to act as agent for |
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1 | the services of process. |
2 | (vii) To make a sworn statement of all outstanding |
3 | legal obligations, including obligations concerning child |
4 | custody and visitation. |
5 | (viii) To disclose if the witness is currently under |
6 | the supervision of any county or State probation or |
7 | parole department in Pennsylvania or another state as |
8 | well as any conditions of the sentence. |
9 | (ix) To regularly inform the prosecuting official of |
10 | the witness's activities and current address. |
11 | (x) To comply with other conditions requested by the |
12 | prosecuting official. |
13 | § 3105. Witness services. |
14 | (a) Coordination.--The Attorney General in cooperation with |
15 | the prosecuting official shall coordinate the efforts to secure |
16 | relocation services for witnesses in the program. |
17 | (b) Funding.--An appropriation shall be made to the Attorney |
18 | General to fund the program. |
19 | § 3106. Termination. |
20 | (a) Authority.--A witness may be terminated from |
21 | participation in the program. |
22 | (b) Procedure.--Termination under this section is not |
23 | subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and |
24 | procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating |
25 | to judicial review of Commonwealth agency action). |
26 | § 3107. Confidentiality. |
27 | Except as otherwise required by law or required for the |
28 | implementation of the program, information relating to any |
29 | witness participating in the program shall remain confidential |
30 | and is not subject to disclosure. |
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1 | § 3108. Immunity. |
2 | The Commonwealth, its officers and employees, and State or |
3 | county prosecuting attorneys or law enforcement agencies shall |
4 | not be subject to any liability for any decision to provide or |
5 | not to provide relocation under this chapter. |
6 | Section 2. This act shall take effect in 60 days. |
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