Moul Bill to Deter Evidence Tampering and to Aid Those Harmed by it Passes in House
11/3/2011
HARRISBURG – By a unanimous vote this week, the House passed legislation, sponsored by Rep. Dan Moul (R-Adams/Franklin), which will allow victims wrongly accused as a result of evidence tampering to receive restitution.

Moul said House Bill 1126 is similar to laws that exist for victims of identity theft in that it gives victims the means to recoup court-related costs, attorney’s fees and other expenses the court deems appropriate when evidence tampering leads to their being implicated in a crime they did not commit. Presently no relief exists when a person is wronged in this manner.

Under House Bill 1126, the court may order payment for expenses incurred on behalf of a victim: 

        • To investigate the circumstances surrounding a violation. 
        • Defend civil or criminal actions related to a violation. 
        • Take other corrective or remedial efforts in connection with a violation.

“In one particularly egregious case, a man was accused of fathering another man’s child and was forced to pay child support,” said Moul. “In this case, the men shared the same name, but birthdates, and other information, was manipulated to identify the victim as the child’s father. Seven years, four trips to jail and $21,000 later, the victim is now clear of those charges, but current law does not permit him to recoup his losses. My legislation does this, and I hope it will deter this activity from happening in the future.”

House Bill 1126 now goes to the Senate for consideration.

To see Moul’s videotaped comments concerning House Bill 1126, go to RepMoul.com.

State Representative Dan Moul
91st District, Pennsylvania House of Representatives

Contact: Donna Pinkham
dpinkham@pahousegop.com
717.260.6452
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