FIRST REGULAR SESSION

SENATE BILL NO. 512

93RD GENERAL ASSEMBLY


 

INTRODUCED BY SENATORS CALLAHAN AND BARTLE.

     Read 1st time March 1, 2005, and ordered printed.

 

TERRY L. SPIELER, Secretary.

1746S.01I


 

AN ACT

To repeal section 575.270, RSMo, and to enact in lieu thereof one new section relating to tampering with a witness, with penalty provisions.


 

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A. Section 575.270, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 575.270, to read as follows:

            575.270. 1. A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness [in an official proceeding] to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he:

            (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

            (4) Conveys any of the foregoing 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 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 parole.

 


 

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