HB 680-FN – AS INTRODUCED

2005 SESSION

05-0595

09/04

HOUSE BILL 680-FN

AN ACT relative to witness tampering.

SPONSORS: Rep. Dumaine, Rock 3; Rep. Hagan, Hills 17; Rep. Cady, Rock 1; Rep. Itse, Rock 9

COMMITTEE: Judiciary

ANALYSIS

This bill expands the crime of witness tampering to include inducing a person to refuse to grant a criminal investigative official an interview and inducing a person who is under 16 years of age and the subject of a criminal investigation to answer questions in the course of the investigation without consent of such person’s parent or legal guardian.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0595

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to witness tampering.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Tampering With Witnesses. Amend RSA 641:5 to read as follows:

641:5 Tampering With Witnesses and Informants. A person is guilty of a class B felony if:

I. Believing that an official proceeding, as defined in RSA 641:1, II, or investigation is pending or about to be instituted, he or she attempts to induce or otherwise cause a person to:

(a) Testify or inform falsely; or

(b) Withhold any testimony, information, document, or thing; or

(c) Elude legal process summoning him or her to provide evidence; or

(d) Absent himself or herself from any proceeding or investigation to which he or she has been summoned; or

(e) Refuse to grant any criminal investigative official an interview, unless said refusal comes as a result of the person’s personal decision or the legal advice of a personal and retained attorney; or

(f) Answer any questions in a criminal investigation, if such person is under 16 years of age and is a suspect in said criminal investigation without first notifying and obtaining the consent of a parent or legal guardian, unless otherwise authorized under RSA 570-A:7.

II. He or she commits any unlawful act in retaliation for anything done by another in his or her capacity as witness or informant[; or].

III. He or she solicits, accepts or agrees to accept any benefit in consideration of his or her doing any of the things specified in paragraph I.

2 Effective Date. This act shall take effect January 1, 2006.

LBAO

05-0595

1/31/05

HB 680-FN - FISCAL NOTE

AN ACT relative to witness tampering.

FISCAL IMPACT:

METHODOLOGY: