House Bill 1416

AN ACT TO AMEND SECTION 97-9-55, Mississippi Code of 1972, TO REVISE OBSTRUCTION OF JUSTICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-9-55, Mississippi Code of 1972, is amended as follows:

97-9-55. If any person or persons by force, bribery, promise of reward, abuse, threat or threatening communication, whether oral, written or by telephone or by damaging the real or personal property of such person or public property under his control shall attempt to or shall influence, intimidate, impede, delay, harass or injure any grand or petit juror or person called for jury service, police officer, investigator, judicial officer, witness, informant, prosecutor, defense attorney or any other person in the discharge of his duties with the intent:

(a) To cause such person to falsely testify, or withhold testimony, records or evidence in a criminal proceeding, evade subpoena or be absent from any official proceeding, inquiry or investigation;

(b) To hinder, delay, prevent or dissuade such person from reporting or prosecuting a crime, forcing or intimidating such person to withdraw or alter criminal charges or make a false affidavit or statement;

(c) To hinder, delay, prevent or dissuade any person form reporting a crime or communicating with a law enforcement officer, prosecutor or judge regarding the commission or possible commission of a criminal offense;

(d) To hinder, delay, prevent or dissuade any person from investigating, presenting, defending or trying any case or otherwise carrying out his official duties respecting a criminal case; or if any person or persons retaliate against a witness, party or informant in an official proceeding by threat, bodily injury, harassment or damage to real or personal property belonging to or under the control of such person or intentionally mislead, lie to or misdirect any official with the intent to obstruct or impede an investigation or destroy, mutilate, alter, conceal or fail to produce any evidence under his control or possession or fail to reveal the whereabouts or evidence which is know to him, shall be guilty of obstruction of justice and, upon conviction, shall be punished by imprisonment in the county jail for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both, or may be imprisoned not more than ten (10) years in the State Penitentiary or fined not more than Ten Thousand Dollars ($10,000.00), or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.