Threatening a witness: assisting a prosecution.
The proposed changes will modify existing penalties and definitions within state criminal law. By clarifying that both preventing and attempting to prevent a witness from participating in legal proceedings is an offense, the bill ensures that the justice process is not hindered by malevolent influences. Additionally, it specifies varying degrees of penalties based on the nature of threats or violence employed against a witness, thus promoting a harsher stance on intimidation tactics in the judicial context. This is expected to lead to an increased number of prosecutions related to witness tampering.
Assembly Bill 535 (AB535), introduced by Assembly Member Schiavo on February 11, 2025, aims to amend Section 136.1 of the California Penal Code regarding the crime of threatening a witness and involving assistance in prosecution. The bill seeks to clarify and expand the current legal definition and actions deemed as witness intimidation or tampering, thereby reinforcing the protections available for witnesses and victims in criminal proceedings. This is crucial for ensuring that those who may fear retaliation will have legal safeguards when cooperating with law enforcement and the judicial system.
While the intent behind AB535 is to bolster protections for witnesses, there may be some points of contention with law enforcement and civil rights groups regarding the implementation of the new definitions. Some stakeholders might raise concerns about the potential for overreach in applying the law, leading to possible misuse or unjust charges against individuals acting in good faith. Further, the bill stipulates that local agencies will not be reimbursed for costs incurred due to the new mandate, potentially placing a financial burden on local jurisdictions tasked with enforcement and administration of the bill.