HOUSE BILL ANALYSIS

                  HB 1534

Title:  An act relating to intimidation of witnesses.

Brief Description:  Revising provisions relating to intimidation of witnesses.

Sponsors:  Representative Crouse.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Trudes Hutcheson (786-7384).

Background:  Several statutes prohibit a person from interfereing with official proceedings.  In particular, it is a class B felony to intimidate a witness.  In criminal proceedings, the prosecutor provides the defendant with a list of people the prosecutor might call as witnesses.

A person is guilty of intimidating a witness if he or she threatens either a current witness, or a person the actor has reason to believe is about to be called as a witness, or a person the actor has reason to believe may have information relevant to a criminal investigation or abuse or neglect of a minor child, in an attempt to:

(a)influence the person=s testimony;

(b)induce the person to elude the subpoena to testify;

(c)induce the person to be absent from the proceedings;

(d)induce the person not to report information relevant to a criminal investigation or the abuse or neglect of a minor child;

(e)induce the person not to have the crime or the abuse or neglect prosecuted; or

(f)induce the person not to give complete or correct information relevant to the criminal investigation or the abuse or neglect of a minor child.

A person is also guilty of intimidating a witness if he or she threatens a former witness because of the witness=s testimony in an official proceeding.  The term Aformer witness@ is not defined.

Summary of Bill:  The crime of intimidating a witness includes threatening a former witness because of the witness=s role in the official proceedings, as opposed to because of the witness=s testimony.  AFormer witness@ is defined as:

(a)a person who was endorsed as a witness in an official proceeding;

(b)a person whom the actor knew or believed may have been called as a witness if a hearing or trial had been held;

(c)a person whom the actor knew or believed may have provided information related to a criminal investigation or an investigation into the abuse or neglect of a minor child.

The crime of intimidating a witness also includes threatening a person endorsed as a witness in an official proceeding, whether or not the person eventually testifies, and threatening a person whom the actor believes may be called as a witness.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

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