MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary A
By: Representative Beckett
AN ACT TO CREATE A NEW ARTICLE DELINEATING A SERIES OF OFFENSES CONSTITUTING THE CRIME OF OBSTRUCTION OF JUSTICE; TO ENACT DEFINITIONS; TO PROVIDE DEGREES OF THE OFFENSES; TO DEFINE WHAT CONDUCT CONSTITUTES HINDERING PROSECUTION OR APPREHENSION; TO DEFINE WHAT CONDUCT CONSTITUTES BRIBING A WITNESS; TO DEFINE WHAT CONDUCT CONSTITUTES RECEIPT OF A BRIBE BY A WITNESS; TO DEFINE WHAT CONDUCT CONSTITUTES WITNESS INTIMIDATION; TO DEFINE WHAT CONDUCT CONSTITUTES WITNESS TAMPERING; TO DEFINE WHAT CONDUCT CONSTITUTES BRIBING OF A JUROR AND RECEIPT OF A BRIBE BY A JUROR; TO DEFINE WHAT CONDUCT CONSTITUTES JUROR INTIMIDATION; TO DEFINE WHAT CONDUCT CONSTITUTES WITNESS INTIMIDATION; TO DEFINE WHAT CONDUCT CONSTITUTES TAMPERING WITH A JURY OR WITH PHYSICAL EVIDENCE; TO DEFINE WHAT CONDUCT CONSTITUTES RETALIATION AGAINST A PUBLIC SERVANT OR WITNESS; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Definitions.
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.
(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 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. Hindering prosecution or apprehension; definition of "criminal assistance."
For the purposes of Sections 3 and 4 of this act, 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.
SECTION 3. Hindering prosecution in the first degree.
(1) A person commits the crime of hindering prosecution in the first degree if, 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.
(2) Hindering prosecution in the first degree is a Class 1 felony.
SECTION 4. Hindering prosecution in the second degree.
(1) A person commits the crime of hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a misdemeanor, he renders criminal assistance to the other person.
(2) Hindering prosecution in the second degree is a misdemeanor.
SECTION 5. Bribing a witness.
(1) A person commits the crime of bribing a witness if he intentionally or knowingly offers, confers or agrees to confer any benefit upon a witness or a person he believes will be called as a witness in any official proceeding with intent to:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(2) Bribing a witness is a Class 1 felony.
SECTION 6. Bribe receiving by a witness.
(1) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he intentionally or knowingly solicits, accepts or agrees to accept any benefit upon an agreement or understanding that:
(a) His testimony will thereby be influenced;
(b) He will attempt to avoid legal process summoning him to testify; or
(c) He will absent himself from an official proceeding to which he has been legally summoned.
(2) Bribe receiving by a witness is a Class 1 felony.
SECTION 7. Intimidating a witness.
(1) A person commits the crime of intimidating a witness if he intentionally or knowingly 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:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(2) Intimidating a witness is a Class 1 felony.
SECTION 8. Tampering with a witness.
(1) A person commits the crime of tampering with a witness if he intentionally or knowingly attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to:
(a) Testify falsely or unlawfully withhold testimony; or
(b) Absent himself from any official proceeding to which he has been legally summoned.
(2) Tampering with a witness is a Class 2 felony.
SECTION 9. Bribing a juror.
(1) A person commits the crime of bribing a juror if he intentionally or knowingly offers, confers or agrees 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 10. Bribe receiving by a juror.
(1) A person commits the crime of bribe receiving by a juror if he intentionally or knowingly solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be influenced.
(2) Bribe receiving by a juror is a Class 1 felony.
SECTION 11. Intimidating a juror.
(1) A person commits the crime of intimidating a juror if he intentionally or knowingly attempts, by the use of a threat, to influence a juror's vote, opinion, decision or other action as a juror.
(2) Intimidating a juror is a Class 1 felony.
SECTION 12. Jury tampering.
(1) A person commits the crime of jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in the case, he intentionally or knowingly attempts to communicate directly or indirectly with a juror other than as part of the proceedings in the trial of the case.
(2) Jury tampering is a Class 2 felony.
SECTION 13. Tampering with physical evidence.
(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 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.
(2) Tampering with physical evidence is a Class 2 felony.
SECTION 14. Retaliation against a public servant or witness.
(1) A person commits the offense of retaliation if he intentionally or knowingly harms or threatens to harm another by any unlawful act in retaliation for anything lawfully done in the capacity of public servant, witness, prospective witness or informant.
(2) Retaliation is a Class 2 felony.
SECTION 15. Sentencing.
(1) A person who has been convicted of any Class 1 felony under this act shall be sentenced to imprisonment for a term of not more than five (5) 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 act shall be sentenced to imprisonment for a term of not more than two (2) 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 act 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 16. This act shall be codified under Chapter 9, Title 97, Mississippi Code of 1972, as a separate Article 3 to be entitled "Obstruction of Justice," and shall begin with Section 97-9-101.
SECTION 17. This act shall take effect and be in force from and after July 1, 2006.