Revision: Jan. 22, 2013, midnight
HB 431-FN – AS INTRODUCED
2013 SESSION
04/03
HOUSE BILL 431-FN
AN ACT relative to witness tampering.
SPONSORS: Rep. Pantelakos, Rock 25; Rep. Shurtleff, Merr 11; Rep. Charron, Rock 4
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a misdemeanor offense of witness tampering and makes this offense eligible for annulment. The bill also provides for sentence review for any person convicted of felony witness tampering based on charges that would have constituted misdemeanor witness tampering and makes a person who receives a sentence reduction eligible to petition for annulment of the criminal record relating to the witness tampering.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0601
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to witness tampering.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Tampering With Witnesses and Informants. Amend RSA 641:5 to read as follows:
641:5 Tampering With Witnesses and Informants.
I. A person is guilty of a class B felony if:
[I.](a) Believing that an official proceeding, as defined in RSA 641:1, II, or investigation is pending or about to be instituted, [he attempts to induce] the person induces or otherwise [cause a person] causes another to:
[(a)] (1) Testify or inform falsely; or
[(b)] (2) Withhold any testimony, information, document, or thing; or
[(c)] (3) Elude legal process summoning him or her to provide evidence; or
[(d)] (4) Absent himself or herself from any proceeding or investigation to which he or she has been summoned; or
[II.] (b) [He] The person commits any unlawful act in retaliation for anything done by another in his or her capacity as witness or informant; or
[III.] (c) [He] The person solicits, accepts, or agrees to accept any benefit in consideration of his or her doing any of the things specified in this paragraph [I].
II. A person is guilty of a class A misdemeanor if, believing that an official proceeding, as defined in RSA 641:1, II, or investigation is pending or about to be instituted:
(a) He or she attempts to commit any of the acts specified in subparagraphs I(a)-(c); and
(b) The victim had no knowledge of the attempt; and
(c) The attempt contained no threat of any kind.
2 Annulment of Criminal Records. Amend RSA 651:5, XIV(a) to read as follows:
(a) Tampering with witnesses or informants under RSA 641:5, I, or falsifying evidence under RSA 641:6; or
3 Conviction for Felony Witness Tampering; Sentence Review. Any person convicted of felony witness tampering pursuant to the version of RSA 641:5 in effect prior to the effective date of this act based on charges which would have only constituted misdemeanor witness tampering under RSA 641:5, II, as inserted by section 1 of this act, and who has not yet completed the terms and conditions of his or her sentence for such conviction, may petition the review division of the superior court for a review and possible reduction of his or her sentence pursuant to RSA 651:57 through RSA 651:61. If the petitioner is granted a sentence reduction, the review division shall contact the department of corrections and any other appropriate state agency to instruct them to amend the petitioner’s record and make any necessary changes to the terms and conditions of the petitioner’s sentence. A petitioner whose sentence for witness tampering is reduced shall be eligible for annulment of the criminal record related to the witness tampering in accordance with RSA 651:5.
4 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-0601
01/16/13
HB 431-FN - FISCAL NOTE
AN ACT relative to witness tampering.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.