SF 2348 (LSB 5493SV (2) 90)

SENATE FILE 2348

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3014)

(COMPANION TO HF 2250 BY COMMITTEE ON JUDICIARY)

A BILL FOR

An Act relating to tampering with witnesses, jurors, or reporting parties, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 720.4, Code 2024, is amended by striking the section and inserting in lieu thereof the following:
   720.4  Tampering with witnesses, jurors, or reporting parties.
   1.  As used in this section:
   a.  “Juror” means the same as defined in section 607A.3, subsection 5.
   b.  “Reporting party” means a person who does either of the following:
   (1)  Reports or attempts to report a public offense to any fire department, law enforcement agency, emergency communications center, or other public safety entity.
   (2)  Assists or attempts to assist a law enforcement agency or a prosecuting agency in any criminal investigation or judicial proceeding.
   c.  “Tampering” includes any of the following acts committed against a witness, juror, or reporting party:
   (1)  Bribery or an attempt to bribe.
   (2)  Threats.
   (3)  Forcible or fraudulent detaining or restraining.
   (4)  Harassment as described in section 708.7, subsection 1.
   (5)  Assault as described in section 708.1, subsection 2.
   (6)  Any other public offense.
   d.  “Witness” means a person who is summoned to testify in any judicial proceeding, arbitration, or legislative hearing, or who is listed in the minutes of evidence as provided in rule of criminal procedure 2.4 or 2.5.
   2.  A person shall not do any of the following:
   a.  With the intent to improperly influence the testimony of an individual that the person believes is or may be a witness, to prevent such individual from testifying, to encourage such individual to disobey or avoid a subpoena or other legal process, or to encourage such individual to withhold evidence, information, or documents, or in retaliation for anything lawfully done by such an individual, tamper with a witness.
   b.  With the intent to improperly influence the decision of any individual that the person believes is or may be a juror, to prevent such individual from serving in a judicial proceeding, or in retaliation for anything lawfully done by such individual, tamper with a juror.
   c.  With the intent to improperly influence the statements of an individual that the person believes is or may be a reporting party, to prevent such individual from becoming a reporting party, to encourage such individual to disobey or avoid a subpoena or other legal process, or to encourage such individual to withhold evidence, information, or documents, or in retaliation for anything lawfully done by such an individual, tamper with a reporting party.
   3.  A person who tampers with a witness, juror, or reporting party, as described in subsection 2, commits a class “D” felony. However, if the tampering occurs in a judicial proceeding in which a defendant is charged with a class “A” felony or a class “B” felony, a violation of this section is a class “C” felony.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
     This bill relates to tampering with witnesses, jurors, or reporting parties.
     The bill strikes current Code section 720.4 (tampering with witnesses or jurors). The bill states that a person shall not, with certain specified intent or in retaliation to a lawful act of the witness, juror, or reporting party, tamper with the witness, juror, or reporting party.
     The bill provides that tampering with a witness, juror, or reporting party is a class “D” felony. However, if the tampering occurs in a judicial proceeding in which a defendant is charged with a class “A” or class “B” felony, such tampering is a class “C” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
    The bill defines “juror”, “reporting party”, “tampering”, and “witness”.