LEGISLATION
It is an exciting time for criminal informant law. State and federal governments have begun examining and, in some cases, changing the law pertaining to informant use. Over the past few years, there have been numerous studies, commissions, hearings, and legislative proposals aimed at improving the reliability and accountability of informant policies. Below is a partial list of jursidictions and their efforts, with links to statutes, bills, reports, and other legislative materials where available. Additional background is available under the "Litigation" section on SNITCHING BLOG. For those interested in reforming informant law in your jurisdiction, the Model Bill contains legislative proposals on a wide range of issues. As always, these lists are partial and should not be construed as legal advice.
Model Legislation
Reports
- Confidential Informants in New Jersey, ACLU (2011)
- Numbers Game: The Vicious Cycle of Incarceration in Mississippi, ACLU/Justice Strategies (2011) (identifying the rampant use of criminal informants as "one of the most troubling aspects of the state's criminal justice system")
- Targeted and Entrapped: Manufacturing the "Homegrown Threat" in the United States, Center for Human Rights and Global Justice, NYU School of Law (2011)
- Report and Recommendations Regarding Informant Testimony, California Commission on the Fair Administration of Justice (2007)
- Jailhouse Snitch Testimony: A Policy Review, The Justice Project, Washington D.C. (2007)
- The FBI's Compliance with the Attorney General's Investigative Guidelines, U.S. Dep't of Justice Office of the Inspector General (2005)
- The Snitch System: How Snitch Testimony Sent 51 Innocent Americans to Death Row, Center on Wrongful Convictions, Northwestern University School of Law (2005)
- American Bar Association Report on Jailhouse Informant Testimony (2005)
- Congressional Report: H. Rpt. 108-414: Everything Secret Degenerates: The FBI's Use of Murderers as Informants, U.S. House of Representatives, Committee on Government Reform (2004)
- Report of the Kaufman Commission on Proceedings Involving Guy Paul Morin, Chapter III, Canada (1996)
- Report of the 1989-1990 Los Angeles Grand Jury: Investigation of the Involvement of Jailhouse Informants in the Criminal Justice System in Los Angeles County (1990)
U.S./Federal Legislation & Materials
- The 2011 Confidential Informant Accountability Act, H.R. 3228, 112th Cong. (would require all federal investigative agencies to report serious crimes committed by their informants to Congress)
- No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2011, H.R. 231, 112th Cong. (would require corroboration for drug informants and undercover officers, as well as training and data collection regarding federally funded drug task forces).
- State Witness Protection Act of 2010, S. 3017, 111th Cong. (would make it a federal crime to intimidate or tamper with a witness)
- U.S. House of Representatives, Judiciary Committee, Joint Oversight Hearing on Law Enforcement Confidential Informant Practices (Dec. 2007)
- U.S. Attorney Guidelines Regarding the Use of FBI Confidential Human Sources (2006)
- The FBI's Compliance with the Attorney General's Investigative Guidelines, U.S. Dep't of Justice Office of the Inspector General (2005)
- Law Enforcement Cooperation Act of 2005, H.R. 4132, 109th Cong. (would require FBI agents to report their informants' criminal activities to prosecutors)
- Congressional Report: H. Rpt. 108-414: Everything Secret Degenerates: The FBI's Use of Murderers as Informants, U.S. House of Representatives, Committee on Government Reform (2004)
California
- Senate Bill 687 (requiring corroboration for jailhouse informant testimony) (approved August 2011)
- "Chad's Law," Cal. Penal Code 701.5 (prohibiting the use of informants under the age of 12 and restricting the use of minor informants under the age of 17)
Florida
- "Rachel's Law," Florida Stat. Ann. 914.28 (requiring police to advise informants of certain rights and to maintain certain policies with respect to the recruitment and use of informants)
Illinois
- Ill. Comp. Stat. ch. 725, s. 5/115-21(d) (requiring reliability hearings and heightened discovery for jailhouse informants)
Maryland
- Maryland Code, Crim. Law 9-302 & Cts. and Judicial Proceedings 10-901 (increased penalties for witness intimidation and new hearsay rules permitting statements from absent witnesses)
New York
- Senate Bill A3609-2011 (would require corroboration of informant testimony, heightened discovery, and additional safeguards)
Texas
- Tex. Code Crim. Pro. art. 38-075 (requiring corroboration for jailhouse informants)
- Tex. Code Crim. Pro. art. 38-141 (requiring corroboration for drug informants)
- Timothy Cole Advisory Panel on Wrongful Convictions, Chapter 6: Jailhouse Informant Testimony (2010)
Washington
- Senate Bill 5004: An Act relating to disclosure and regulation of criminal informant evidence and testimony (originally introduced by Sen. Bob McCaslin (R-Spokane Valley) in January 2011)
