Read first time 01/14/11.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to the unit of prosecution for tampering with or intimidating a witness; amending RCW 9A.72.110 and 9A.72.120; and creating a new section.

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

NEW SECTION.  Sec. 1   In response to State v. Hall, 168 Wn.2d 726 (2010), the legislature intends to clarify that each instance of an attempt to intimidate or tamper with a witness constitutes a separate violation for purposes of determining the unit of prosecution under the statutes governing tampering with a witness and intimidating a witness.

Sec. 2   RCW 9A.72.110 and 1997 c 29 s 1 are each amended to read as follows:
     (1) A person is guilty of intimidating a witness if a person, by use of a threat against a current or prospective witness, attempts to:
     (a) Influence the testimony of that person;
     (b) Induce that person to elude legal process summoning him or her to testify;
     (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 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" means:
     (i) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
     (ii) Threat as defined in RCW 9A.04.110(((25))) (27).
     (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.
     (5) For purposes of this section, each instance of an attempt to intimidate a witness constitutes a separate offense.

Sec. 3   RCW 9A.72.120 and 1994 c 271 s 205 are each amended to read as follows:
     (1) A person is guilty of tampering with a witness if he or she attempts to induce a witness or person he or she has reason to believe is about to be called as a witness in any official proceeding or 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 to:
     (a) Testify falsely or, without right or privilege to do so, to withhold any testimony; or
     (b) Absent himself or herself from such proceedings; or
     (c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation or the abuse or neglect of a minor child to the agency.
     (2) Tampering with a witness is a class C felony.
     (3) For purposes of this section, each instance of an attempt to tamper with a witness constitutes a separate offense.