Senate Study Bill 3014 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to tampering with witnesses, jurors, or 1 reporting parties, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5493XC (6) 90 as/js

S.F. _____ Section 1. Section 720.4, Code 2024, is amended by striking 1 the section and inserting in lieu thereof the following: 2 720.4 Tampering with witnesses, jurors, or reporting parties. 3 1. As used in this section: 4 a. “Juror” means the same as defined in section 607A.3, 5 subsection 5. 6 b. “Reporting party” means a person who does either of the 7 following: 8 (1) Reports or attempts to report a public offense to 9 any fire department, law enforcement agency, emergency 10 communications center, or other public safety entity. 11 (2) Assists or attempts to assist a law enforcement agency 12 or a prosecuting agency in any criminal investigation or 13 judicial proceeding. 14 c. “Tampering” includes any of the following acts committed 15 against a witness, juror, or reporting party: 16 (1) Bribery or an attempt to bribe. 17 (2) Threats. 18 (3) Forcible or fraudulent detaining or restraining. 19 (4) Harassment as described in section 708.7, subsection 1. 20 (5) Assault as described in section 708.1, subsection 2. 21 (6) Any other public offense. 22 d. “Witness” means a person who is summoned to testify in 23 any judicial proceeding, arbitration, or legislative hearing, 24 or who is listed in the minutes of evidence as provided in rule 25 of criminal procedure 2.4 or 2.5. 26 2. a. A person who, with the intent to improperly influence 27 the testimony of an individual that the person believes is or 28 may be a witness, prevents or attempts to prevent an individual 29 from testifying, encourages an individual to disobey or avoid a 30 subpoena or other legal process, encourages an individual to 31 withhold evidence, information, or documents, or retaliates 32 against an individual for any lawful act tampers with a 33 witness. 34 b. A person who, with the intent to improperly influence 35 -1- LSB 5493XC (6) 90 as/js 1/ 3

S.F. _____ the decision of an individual that the person believes is or 1 may be a juror, prevents or attempts to prevent an individual 2 from serving in a judicial proceeding or retaliates against an 3 individual for any lawful act tampers with a juror. 4 c. A person who, with the intent to improperly influence 5 the statements of an individual that the person believes is 6 or may be a reporting party, prevents or attempts to prevent 7 an individual from becoming a reporting party, encourages 8 an individual to disobey or avoid a subpoena or other legal 9 process, encourages an individual to withhold evidence, 10 information, or documents, or retaliates against an individual 11 for any lawful act tampers with a reporting party. 12 3. A person who tampers with a witness, juror, or reporting 13 party, as described in subsection 2, commits a class “D” 14 felony. However, if the tampering occurs in a judicial 15 proceeding in which a defendant is charged with a class “A” 16 felony or a class “B” felony, a violation of this section is a 17 class “C” felony. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to tampering with witnesses, jurors, or 22 reporting parties. 23 The bill strikes current Code section 720.4 (tampering 24 with witnesses or jurors) and provides that a person commits 25 witness, juror, or reporting party tampering when the person, 26 with the intent to improperly influence the testimony, 27 decision, or statements of an individual that the person 28 believes is or may be a witness, juror, or reporting party, 29 does any of the following: prevents or attempts to prevent an 30 individual from testifying, encourages an individual to disobey 31 or avoid a subpoena or other legal process, encourages an 32 individual to withhold evidence, information, or documents, or 33 retaliates against an individual for any lawful act (tampering 34 with a witness); prevents or attempts to prevent an individual 35 -2- LSB 5493XC (6) 90 as/js 2/ 3

S.F. _____ from serving in a judicial proceeding, or retaliates against 1 an individual for any lawful act (tampering with a juror); or 2 prevents or attempts to prevent an individual from becoming a 3 reporting party, encourages an individual to disobey or avoid a 4 subpoena or other legal process, encourages an individual to 5 withhold evidence, information, or documents, or retaliates 6 against an individual for any lawful act (tampering with a 7 reporting party). 8 The bill provides that tampering with a witness, juror, 9 or reporting party is a class “D” felony. However, if the 10 tampering occurs in a judicial proceeding in which a defendant 11 is charged with a class “A” or class “B” felony, such tampering 12 is a class “C” felony. A class “D” felony is punishable by 13 confinement for no more than five years and a fine of at least 14 $1,025 but not more than $10,245. A class “C” felony is 15 punishable by confinement for no more than 10 years and a fine 16 of at least $1,370 but not more than $13,660. 17 The bill defines “juror”, “reporting party”, “tampering”, 18 and “witness”. 19 -3- LSB 5493XC (6) 90 as/js 3/ 3