Bill Text: IA HSB506 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to tampering with witnesses, jurors, or reporting parties, and providing penalties.(See HF 2250.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-31 - Committee report approving bill, renumbered as HF 2250. [HSB506 Detail]
Download: Iowa-2023-HSB506-Introduced.html
House
Study
Bill
506
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
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
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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
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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
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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
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