Victim and Witness Intimidation bill summary, December 10, 2003

2004 Legislative Initiatives: Cover Memo with Draft Bill Victim and Witness Intimidation (Don Hoganj' Jerv Finney) 12/10/03 Bill Status Two bills have been drafted on this subject. The first bill essentially enhances the term of imprisonment for crimes relating to intimidation and retaliation against witnesses, victims, and other court related personnel if the underlying crime is a felony. One issue is whether to limit the bill to crimes of violence and drug felonies. The bill also excludes 16- and 17-year olds from the jurisdiction of the juvenile court for ацу of these offenses, whether misdemeanors or felonies. This issue will cause the Public Defender’s Office to oppose, as well as increase opposition of legislators. Removal of this provision should be considered-. The second bill makes the murder of a person during the course of witness, victim, or court personnel intimidation or retaliation an aggravating factor for purposes of imposing the death penalty. Because of the issues this bill will raise it was felt that this issue should be separated from the other bill. Elements of the Legislation Bill 1 - (l) Increases the penalties for victim, witness, and court personnel intimidation and retaliation if the underlying offense is a felony from a misdemeanor/up to 5 years’ imprisonment/up to $5,000 fine to a felony/up to 20 years’ imprisonment; (2) makes harming another or threats to harm a crime if the intent is to induce a victim or witness not to report a crime. The current offense relates to intent to have a person falsely testify, avoid a subpoena, and not appear to testify; (3) clarifies that any penalty for these offenses is separate from any underlying crime (e.g., assault, arson); (4) adds officers of a court “of the United States” to the obstruction of justice provision; and (5) excludes 16- and 17-year olds who commit these offenses from juvenile court jurisdiction (but allows reverse waiver). Bill 2 - Makes a murder of a victim, witness, or court personnel while violating the intimidation and retaliation statutes an aggravating factor for purposes of imposing the death penalty. This bill does not add this offense to the felony murder statute for purposes of elevating a murder committed in violation of these provisions to first degree murder. In other words, unlike with some felonies (e.g., rape, robbery, arson), a murder committed in the course of the intimidation/retaliation crimes is not automatically a death eligible case. The State will for practical purposes have to prove premeditation, lying in wait, or poison to make its first degree murder case, and then must prove the aggravating factor that the victim was a witness, victim, or court personnel. Presumably this premeditation aspect won’t be difficult to prove in most cases, but will cut- out the argument about the true chance encounter between defendant and witness on the street that degenerates into a killing.