House Bill 635

AN ACT TO AMEND SECTIONS 97-9-55 AND 97-9-115, MISSISSIPPI CODE OF 1972, TO CONFORM THE PENALTIES FOR TAMPERING WITH A WITNESS AND INTIMIDATING A WITNESS; 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 threats, force or abuse, attempt to intimidate or otherwise influence a judge, justice of the peace, juror, or one whose name has been drawn for jury service, witness, prosecuting or defense attorney or any other officer in the discharge of his duties, or by such force, abuse or reprisals or threats thereof after the performance of such duties, or to obstruct or impede the administration of justice in any court, he shall, upon conviction, be guilty of a felony and be punished by imprisonment not more than five (5) years in the State Penitentiary or by a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.

SECTION 2. Section 97-9-115, Mississippi Code of 1972, is amended as follows:

97-9-115. 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 1 felony.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.