S-0110.1  _______________________________________________

                         SENATE BILL 5520

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senator McCaslin

Read first time 01/29/97.  Referred to Committee on Law & Justice.

Revising provisions relating to intimidation of witnesses.

    AN ACT Relating to intimidation of witnesses; and amending RCW 9A.72.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9A.72.110 and 1994 c 271 s 204 are each amended to read as follows:

    (1) A person is guilty of intimidating a witness if a person ((directs a threat to a former witness because of the witness' testimony in any official proceeding, or if)), by use of a threat ((directed to)) against a current or prospective witness ((or a person he or she has reason to believe is about to be called as a witness in any official proceeding or to a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, he or she)), attempts to:

    (a) Influence the testimony of that person; ((or))

    (b) Induce that person to elude legal process summoning him or her to testify; ((or))

    (c) Induce that person to absent himself or herself from such proceedings; or

    (d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child, ((not to prosecute the crime or the abuse or neglect of a minor child,)) not to have the crime or the abuse or neglect of a minor child prosecuted, or not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child.

    (2) A person also is guilty of intimidating a witness if the person directs a threat to a former witness because of the witness's role in an official proceeding.

(3) As used in this section:

(a) "Threat" ((as used in this section)) means:

    (((a))) (i) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

    (((b))) (ii) Threat((s)) as defined in RCW 9A.04.110(25).

    (((3))) (b) "Current or prospective witness" means:

(i) A person endorsed as a witness in an official proceeding;

(ii) A person whom the actor believes may be called as a witness in any official proceeding; or

(iii) A person whom the actor has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child.

(c) "Former witness" means:

(i) A person who testified in an official proceeding;

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

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

(iv) 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.

(4) Intimidating a witness is a class B felony.

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