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