HB 1069 - This act provides that if an individual who has been subpoenaed to testify or provide information at a proceeding before a body of the Missouri General Assembly has refused on the basis of self-incrimination, the President Pro Tempore of the Senate or Speaker of the House of Representatives may request the court to issue an order requiring such individual to testify. If the court finds that such request has been approved by three-fifths majority of the members of such body requesting the order, the court shall issue an order requiring such individual to testify. (Section 21.403)
If a person is subpoenaed as a witness by a body of the General Assembly and fails to appear or refuses to answer, a statement of facts constituting such failure or refusal may be reported to the President Pro Tempore or the Speaker, who may certify such statement of facts to the prosecuting attorney or other attorney having jurisdiction for prosecution. The Attorney General has concurrent original jurisdiction to commence such criminal action. The President Pro Tempore or the Speaker may request the appointment of independent counsel by the court, which shall appoint such counsel with 15 days of the request. The independent counsel shall have sole jurisdiction to prosecute. (Section 21.405)
The offense of perjury committed in any proceeding before a body of the General Assembly is a Class D felony. The offense of making a false affidavit when done in any proceeding before a body of the General Assembly is a Class A misdemeanor. The offense of interference with legal process, including an order of a body of the General Assembly, is a Class B misdemeanor. The offense of tampering with a witness subpoenaed in a proceeding before a body of the General Assembly is a Class E felony. The offense of acceding to corruption in a proceeding before a body of the General Assembly is a Class D felony. (Sections 575.040, 575.050, 575.160, 575.270, 575.280)
A person commits the offense of contempt of a body of the General Assembly if he was subpoenaed as a witness by a body of the general assembly and willfully fails to appear, refuses to answer any pertinent questions, or fails to produced required documents. The offense of contempt of a body of the General Assembly after an order has been issued requiring the testimony is a Class E felony. (Section 575.330)
Finally, a person commits the offense of obstructing government operations if he or she purposely obstructs the performance of a governmental function by the use or threat of harm, intimidation, coercion, violence, or other force. This offense is a class A misdemeanor, unless committed against a body of the general assembly, in which case it is a class E felony. (Section 576.030)
These provisions are identical to provisions in HCS/SB 662 (2020) and HCS/SB 587 (2020) and similar to HB 1942 (2020) and HCS/HB 2374 (2020).
MARY GRACE BRUNTRAGER