MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary B

By: Representative Gipson

House Bill 1367

(As Sent to Governor)

AN ACT TO AMEND SECTION 97-9-101, MISSISSIPPI CODE OF 1972, TO INCLUDE STATEMENTS MADE TO LAW ENFORCEMENT AS TESTIMONY; TO AMEND SECTION 97-9-103, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF RENDERING OF CRIMINAL ASSISTANCE TO INCLUDE THREATENING OR HARASSING A WITNESS AND PROVIDING FALSE TESTIMONY; TO AMEND SECTION 97-9-105, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF HINDERING PROSECUTION TO INCLUDE INTERFERENCE WITH CRIMINAL INVESTIGATIONS; TO AMEND SECTION 97-9-113, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF WITNESS INTIMIDATION TO INCLUDE THREATENING OR HARASSING A WITNESS OR PERSON REASONABLY EXPECTED TO BE A WITNESS; TO AMEND SECTION 97-9-115, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF WITNESS TAMPERING TO INCLUDE SOLICITATION OF ANOTHER TO PROVIDE A FALSE VERSION OF EVENTS; TO AMEND SECTION 97-9-117, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF JUROR BRIBERY TO INCLUDE AN ATTEMPT TO BRIBE; TO AMEND SECTION 97-9-121, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF JUROR INTIMIDATION TO INCLUDE HARASSMENT; TO AMEND SECTION 97-9-125, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF TAMPERING WITH PHYSICAL EVIDENCE TO INCLUDE THREATENING A PERSON TO NOT PROVIDE THE EVIDENCE; TO AMEND SECTION 97-9-129, MISSISSIPPI CODE OF 1972, TO REVISE THE MAXIMUM TERMS OF IMPRISONMENT FOR OBSTRUCTION OF JUSTICE; TO AMEND SECTION 97-3-19, MISSISSIPPI CODE OF 1972, TO INCLUDE MURDER OF A WITNESS, POTENTIAL WITNESS OR CONFIDENTIAL INFORMANT AS A CAPITAL OFFENSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-9-101, Mississippi Code of 1972, is amended as follows:

     97-9-101.  The following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

          (a)  "Benefit" means any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.

          (b)  "Government" means the state, county, municipality or other political subdivision, agency, branch or department of any of the foregoing, and any corporation or other entity established by law to carry out any governmental function.

          (c)  "Governmental function" means any activity which a public servant is legally authorized to undertake on behalf of a government.

          (d)  "Harm" means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

          (e)  "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury.  The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.

          (f)  "Official proceeding" means any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath.

          (g)  "Physical evidence" means any article, object, document, record or other thing of physical substance.

          (h)  "Property" means any real or personal property, including books, records and documents.

          (i)  "Public servant" means any officer or employee of government, including legislators and judges and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses.  This term includes persons who have been elected, appointed or designated to become a public servant although not yet occupying that position.

          (j)  "Testimony" means oral or written statements, documents or any other material that may be offered as evidence in an official proceeding or oral or written statements provided under oath to law enforcement during a felony criminal investigation.

          (k)  "Threat" means any menace, however communicated, to:  (i) cause bodily injury to the person threatened or another or commit any other criminal offense; (ii) cause damage to property or cause anyone to part with property; (iii) accuse anyone of a criminal offense; (iv) expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; (v) impair the credit or business * * * repute reputation of any person; or (vi) take or withhold action as a public servant or cause a public servant to take or withhold action.

     SECTION 2.  Section 97-9-103, Mississippi Code of 1972, is amended as follows:

     97-9-103.  For the purposes of * * *Sections 97‑9‑105 and 97‑9‑107 this article, a person "renders criminal assistance" to another if he knowingly:

          (a)  Harbors or conceals the other person;

          (b)  Warns the other person of impending discovery or apprehension, except that this paragraph (b) does not apply to a warning given in connection with an effort to bring another into compliance with the law;

          (c)  Provides or aids in providing the other person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;

          (d)  Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; * * *or

          (e)  Suppresses, by an act of concealment, alteration or destruction, any physical evidence that might aid in the discovery, apprehension or conviction of the other person * * *.;

          (f)  Threatens, harasses, or intimidates a witness or a person reasonably expected to be a witness in a criminal prosecution in an effort to prevent the person from testifying, giving evidence or assisting law enforcement in any way;

          (g)  Provides false testimony, under oath, to the government about the person's knowledge or lack of knowledge of any criminal activity or information or investigation;

          (h)  Provides false information, under oath, or signs an affidavit with false information exonerating or incriminating another person; or

          (i)  Attempts to prevent law enforcement from discovering facts relating to another's criminal activity or engaging in acts designed to interfere with or prevent a law enforcement investigation of another.

     SECTION 3.  Section 97-9-105, Mississippi Code of 1972, is amended as follows:

     97-9-105.  (1)  A person commits the crime of hindering prosecution in the first degree if * * *,:

          (a)  With the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a felony, he renders criminal assistance to the other person * * *.; or

          (b)  Prevents or attempts to prevent law enforcement from discovering facts relating to another's criminal activity or engages in acts designed to interfere with, or prevent a law enforcement investigation of another; or

          (c)  Provides false information, under oath, or signs an affidavit with false information exonerating or incriminating another person.

     (2)  Hindering prosecution in the first degree is a Class 1 felony.

     SECTION 4.  Section 97-9-113, Mississippi Code of 1972, is amended as follows:

     97-9-113.  (1)  A person commits the crime of intimidating a witness if he intentionally or knowingly:

          (a)  Attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to:

              ( * * *ai)  Influence the testimony of that person;

              ( * * *bii)  Induce that person to avoid legal process summoning him to testify; or

              ( * * *ciii)  Induce that person to absent himself from an official proceeding to which he has been legally summoned * * *.;

          (b)  Harasses or intimidates or attempts to threaten, harass or intimidate a witness or a person reasonably expected to be a witness;

          (c)  Attempts to influence the testimony of a witness or a person reasonably expected to be a witness by rendering criminal assistance to another being investigated for or charged with criminal activity; or

          (d)  Solicits, encourages or requests a witness to provide false information intended to defeat or defend against an existing criminal charge or to hinder or interfere an ongoing investigation of a criminal act.

     (2)  Intimidating a witness is a Class 1 felony.

     (3)  It is not a defense to a prosecution under this section if the actual completion of the threat, harassment or intimidation was prevented from occurring.

     SECTION 5.  Section 97-9-115, Mississippi Code of 1972, is amended as follows:

     97-9-115.  (1)  A person commits the crime of tampering with a witness if he:

          (a)  Intentionally or knowingly attempts to induce a witness or a person he reasonable believes will be called as a witness in any official proceeding to:

              ( * * *ai)  Testify falsely or unlawfully withhold testimony; * * * or

              ( * * *bii)  Absent himself from any official proceeding to which he has been legally summoned * * *.; or

          (b)  Solicits, encourages, threatens, harasses or intimidates or attempts to solicit, encourage, threaten, harass or intimidate a witness in an effort to prevent or dissuade the witness from testifying or to provide a false version of events exonerating or incriminating another person of commission of a crime.

     (2)  Tampering with a witness is a Class 2 felony.

     (3)  It is not a defense to a prosecution under this section if the actual completion of the threat, harassment or intimidation was prevented from occurring.

     SECTION 6.  Section 97-9-117, Mississippi Code of 1972, is amended as follows:

     97-9-117.  (1)  A person commits the crime of bribing a juror if he intentionally or knowingly offers, confers or agrees or attempts to confer any benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will thereby be influenced.

     (2)  Bribing a juror is a Class 1 felony.

     SECTION 7.  Section 97-9-121, Mississippi Code of 1972, is amended as follows:

     97-9-121.  (1)  A person commits the crime of intimidating a juror if he intentionally or knowingly attempts, by the use of a threat, harassment or intimidations to influence a juror's vote, opinion, decision or other action as a juror.

     (2)  Intimidating a juror is a Class 1 felony.

     SECTION 8.  Section 97-9-125, Mississippi Code of 1972, is amended as follows:

     97-9-125.  (1)  A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he:

          (a)  Intentionally destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending criminal investigation or prospective official proceeding;

          (b)  Knowingly makes, presents or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding; * * * or

          (c)  Intentionally prevents the production of physical evidence by an act of force, intimidation or deception against any person * * *., or threatens, harasses or intimidates a witness or a person he reasonably believes may be a witness in a criminal investigation to not provide physical evidence or to hide, destroy or alter physical evidence; or

          (d)  Solicits, encourages or assists another person to destroy, hide or conceal evidence of any type if it is reasonably likely the state or federal authorities would use the evidence during the prosecution of a criminal act by the state or federal authorities.

     (2)  Tampering with physical evidence is a Class 2 felony.

     SECTION 9.  Section 97-9-129, Mississippi Code of 1972, is amended as follows:

     97-9-129.  (1)  A person who has been convicted of any Class 1 felony under this article shall be sentenced to imprisonment for a term of not more than * * *five (5) fifteen (15) years or fined not more than Five Thousand Dollars ($5,000.00), or both.

     (2)  A person who has been convicted of any Class 2 felony under this article shall be sentenced to imprisonment for a term of not more than * * *two (2) ten (10) years or fined not more than Three Thousand Dollars ($3,000.00), or both.

     (3)  A person who has been convicted of any misdemeanor under this article shall be sentenced to confinement in the county jail for a term of not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both.

     SECTION 10.  Section 97-3-19, Mississippi Code of 1972, is amended as follows:

     97-3-19.  (1)  The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:

          (a)  When done with deliberate design to effect the death of the person killed, or of any human being, shall be first-degree murder;

          (b)  When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual, shall be second-degree murder;

          (c)  When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies, shall be first-degree murder;

          (d)  When done with deliberate design to effect the death of an unborn child, shall be first-degree murder.

     (2)  The killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases:

          (a)  Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity, and with knowledge that the victim was a peace officer or fireman.  For purposes of this paragraph, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary;

          (b)  Murder which is perpetrated by a person who is under sentence of life imprisonment;

          (c)  Murder which is perpetrated by use or detonation of a bomb or explosive device;

          (d)  Murder which is perpetrated by any person who has been offered or has received anything of value for committing the murder, and all parties to such a murder, are guilty as principals;

          (e)  When done with or without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or in any attempt to commit such felonies;

          (f)  When done with or without any design to effect death, by any person engaged in the commission of the crime of felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felony;

          (g)  Murder which is perpetrated on educational property as defined in Section 97-37-17;

          (h)  Murder which is perpetrated by the killing of any elected official of a county, municipal, state or federal government with knowledge that the victim was such public official;

          (i)  Murder of three (3) or more persons who are killed incident to one (1) act, scheme, course of conduct or criminal episode * * *.;

          (j)  Murder of more than three (3) persons within a three-year period * * *.;

          (k)  Murder which is perpetrated by the killing of a person who:  (i) is or would be a witness for the state or federal government in a criminal trial; (ii) is a confidential informant for any agency of the state or federal government; or (iii) is any other person who was cooperating or assisting the state or federal government or was suspected of cooperation or assistance to the state or federal government, if the motive for the killing was either the person's status as a witness, potential witness or informant, or was to prevent the cooperation or assistance to the prosecution.  It shall not be a defense to a killing under this subsection that the defendant erroneously suspected or believed the victim to have cooperated or assisted the state or federal government.

     (3)  An indictment for murder or capital murder shall serve as notice to the defendant that the indictment may include any and all lesser included offenses thereof, including, but not limited to, manslaughter.

     SECTION 11.  This act shall take effect and be in force from and after July 1, 2017.