Bill Text: MO HB2469 | 2010 | Regular Session | Introduced
Bill Title: Repeals the crime of victim tampering, expands the crime of tampering with a witness, and creates the crimes of intimidating a witness or victim in the first, second, and third degrees
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Crime Prevention (H) [HB2469 Detail]
Download: Missouri-2010-HB2469-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WEBB (Sponsor) AND JONES (63) (Co-sponsor).
5490L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 575.010 and 575.270, RSMo, and to enact in lieu thereof five new sections relating to tampering with or intimidating victims and witnesses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 575.010 and 575.270, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 575.010, 575.270, 575.272, 575.274, and 575.276, to read as follows:
575.010. The following definitions shall apply to this chapter and chapter 576, RSMo:
(1) "Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths;
(2) "Government" means any branch or agency of the government of this state or of any political subdivision thereof;
(3) "Highway" means any public road or thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;
(4) "Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court;
(5) "Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror;
(6) "Jury" means a grand or petit jury, including any panel which has been drawn or summoned to attend as prospective jurors;
(7) "Official proceeding" means any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation;
(8) "Police animal" means a dog, horse or other animal used in law enforcement or a correctional facility, or by a municipal police department, fire department, search and rescue unit or agency, whether the animal is on duty or not on duty. The term shall include, but not be limited to, Saccelerant detection dogs, bomb detection dogs, narcotic detection dogs, search and rescue dogs and tracking animals;
(9) "Public record" means any document which a public servant is required by law to keep;
(10) "Testimony" means any oral statement under oath or affirmation;
(11) "Victim" means any natural person against whom any crime [is deemed to have] has been perpetrated or attempted;
(12) "Witness" means any natural person:
(a) Having knowledge of the existence or nonexistence of facts relating to or the circumstances surrounding any crime, criminal activity, conduct, or transaction; or
(b) Who has been identified as such by any party to any official proceeding in this state; or
(c) Whose declaration under oath is or was received as evidence for any purpose; or
[(c)] (d) Who has reported any crime to any law enforcement officer, police officer, peace officer or prosecutor; or
[(d)] (e) Who has been served with a subpoena issued under he authority of any court of this state.
575.270. 1. A person commits the crime of tampering with a witness or victim if, with the purpose to induce a witness or a prospective witness or a victim in an official proceeding to disobey a subpoena or other legal process, [or] to absent himself or herself from any proceeding to avoid subpoena or other legal process, [or] to withhold evidence, information or documents, or to testify falsely, he or she:
(1) [Threatens or causes harm to any person or property; or
(2) Uses force, threats or deception; or
(3)] Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness or victim; or
[(4)] (2) Conveys any [of the foregoing] benefit, directly or indirectly, to another in furtherance of a conspiracy.
2. [A person commits the crime of "victim tampering" if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:
(1) Making any report of such victimization to any peace officer, or state, local or federal law enforcement officer or prosecuting agency or to any judge;
(2) Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
(3) Arresting or causing or seeking the arrest of any person in connection with such victimization.
3.] Tampering with a witness [in a prosecution, tampering with a witness with purpose to induce the witness to testify falsely, or victim tampering] or victim is a class C felony if the original charge is a felony. Otherwise, tampering with a witness or victim [tampering] is a class A misdemeanor. Persons convicted under this section shall not be eligible for probation or parole.
575.272. 1. A person commits the crime of intimidating a witness or victim in the first degree if such person, believing that a witness or victim possesses information relating to criminal activity, conduct, or transactions:
(1) Knowingly causes serious physical injury to any person for the purpose of obstructing, delaying, preventing, or impeding the communication by a witness or victim of information related to criminal activity, conduct, or transactions to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorney or his or her assistants or investigators, law enforcement officer, police officer, or peace officer, or for the purpose of compelling such witness or victim to swear falsely; or
(2) Knowingly causes serious physical injury to any person because a witness or victim communicated information relating to criminal activity, conduct, or transactions to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorney or his or her assistants or investigators, law enforcement officer, police officer, or peace officer.
2. Intimidating a witness or victim in the first degree is a class A felony. Persons convicted under this section shall not be eligible for probation or parole.
575.274. 1. A person commits the crime of intimidating a witness or victim in the second degree if such person, believing that a witness or victim possesses information relating to criminal activity, conduct, or transactions:
(1) Knowingly causes physical injury to another person for the purpose of obstructing, delaying, preventing, or impeding the communication by a witness or victim of information relating to criminal activity, conduct, or transactions to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorney or his or her assistants or investigators, law enforcement officer, police officer, or peace officer, or for the purpose of compelling a witness or victim to swear falsely; or
(2) Knowingly causes physical injury to another person because a witness or victim communicated information relating to criminal activity, conduct, or transactions to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorney or his or her assistants or investigators, law enforcement officer, police officer or peace officer; or
(3) Recklessly causes physical injury to another person for the purpose of obstructing, delaying, preventing or impeding a witness or victim from communicating criminal activity, conduct, or transactions to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorneys or his or her assistants or investigators, law enforcement officer, police officer, or peace officer.
2. Intimidating a witness or victim in the second degree is a class B felony. Persons convicted under this section shall not be eligible for probation or parole.
575.276. 1. A person commits the crime of intimidating a witness or victim in the third degree if such person, believing that a witness or victim possesses information relating to criminal activity, conduct, or transactions:
(1) Knowingly prevents, dissuades, or attempts to prevent or dissuade, either directly or indirectly, any witness or victim from identifying themselves or communicating their information to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorney or his or her assistants or investigators, law enforcement officer, police officer, or peace officer by means of conveying or implying a threat of physical injury to, or damage to the property of, any person; or
(2) Knowingly damages the property of any person for the purpose of obstructing, delaying, preventing, or impeding such a witness or victim from communicating, or because a witness or victim communicated information relating to criminal activity, conduct, or transactions to any court, grand jury, prosecuting attorney or his or her assistants or investigators, circuit attorney or his or her assistants or investigators, law enforcement officer, police officer, or peace officer.
2. Intimidating a witness or victim in the third degree is a class D felony. Persons convicted under this section shall not be eligible for probation or parole.
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