Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1628 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2203 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1628
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Paul Linsky
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the intimidation of witnesses and interfering with justice.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2203 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1628
18	18	By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1628) of David
19	19	Paul Linsky relative to intimidation in the criminal justice system. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1732 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to the intimidation of witnesses and interfering with justice.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Section 1. Chapter 268 of the General Laws, section 13B, is hereby amended by striking
31	31	2out the section in its entirety and replacing it with the following:
32	32	3 Section 13B.
33	33	4 (1) Whoever, directly or indirectly, willfully
34	34	5 (a)threatens, or attempts or causes physical injury, emotional injury, economic injury
35	35	6or property damage to,
36	36	7 (b)conveys a gift, offer or promise of anything of value to, or
37	37	8 (c)misleads, intimidates or harasses;
38	38	9 (2) another person who is 2 of 3
39	39	10 (a)a judge, juror, grand juror, attorney, police officer, federal agent, investigator,
40	40	11clerk, court officer, court reporter, probation officer or parole officer,
41	41	12 (b)a person who is a witness or potential witness,
42	42	13 (c)a person who is or was aware of information, records, documents or objects that
43	43	14relate to a violation of a criminal statute, or a violation of conditions of probation, parole, bail, or
44	44	15other court order, or
45	45	16 (d)a person who is or was attending, or had made known his intention to attend a
46	46	17proceeding referenced in subsection (3);
47	47	18 (3) with the intent to
48	48	19 (a)impede, obstruct, delay, prevent or otherwise interfere with
49	49	20 (i)a criminal investigation at any stage, a grand jury proceeding, a dangerousness
50	50	21hearing, a motion hearing, a trial or other criminal proceeding of any type, or a parole hearing, or
51	51	22parole violation proceeding, or probation violation proceeding, or
52	52	23 (ii)an administrative hearing, or a probate and family proceeding, juvenile
53	53	24proceeding, housing proceeding, land proceeding, clerk's hearing, court-ordered mediation, or
54	54	25any other civil proceeding of any type; or
55	55	26 (b)punish, harm or otherwise retaliate against any person described in subsection (2)
56	56	27for their participation in any of the aforementioned proceedings shall be punished by
57	57	28imprisonment in the state prison for not more than ten years, or by imprisonment in jail or house
58	58	29of correction for not more than two and one half years, or by a fine of not less than $1,000 nor
59	59	30more than $5,000, or by both such fine and imprisonment. 3 of 3
60	60	31 (4) As used in this section, “investigator” shall mean an individual or group of
61	61	32individuals lawfully authorized by a department or agency of the federal government, or any
62	62	33political subdivision thereof, or a department or agency of the commonwealth, or any political
63	63	34subdivision thereof, to conduct or engage in an investigation of, prosecution for, or defense of a
64	64	35violation of the laws of the United States or of the commonwealth in the course of his official
65	65	36duties.
66	66	37 (5) As used in this section, “harass” shall mean to engage in any act directed at a specific
67	67	38person or persons, which act seriously alarms or annoys such person or persons and would cause
68	68	39a reasonable person to suffer substantial emotional distress. Such act shall include, but not be
69	69	40limited to, an act conducted by mail or by use of a telephonic or telecommunication device or
70	70	41electronic communication device including but not limited to any device that transfers signs,
71	71	42signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in
72	72	43part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but
73	73	44not limited to, electronic mail, internet communications, instant messages or facsimile
74	74	45communications.
75	75	46 (6) A prosecution under this section may be brought in the county in which the criminal
76	76	47investigation, grand jury proceeding, trial or other criminal proceeding is being conducted or
77	77	48took place, or in the county in which the alleged conduct constituting an offense occurred.