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
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 citizens'
intervention in conspiracies; and imposing duties on the
Office of Attorney General.
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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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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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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. § 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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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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(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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"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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