_______________________________________________
SENATE
BILL 5520
_______________________________________________
Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
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.
