HB2688112th GA (Historical)Introduced

Amends TCA Title 39.

This bill makes it a Class D felony for a person to intimidate, or attempt to intimidate, a party to or participant, as defined in this bill, in a legal or administrative proceeding by the use of physical force or a threat of physical force directed at the party or participant for the purpose of: (1) Influencing the testimony, vote, decision, or opinion of the participant; (2) Inducing the participant to avoid showing up and participating in a legal proceeding after the participant receives legal process summoning the participant to testify; (3) Inducing the participant to withhold physical evidence from a legal proceeding; (4) Inducing the participant to alter, destroy, mutilate, or conceal physical evidence with intent to impair the object's integrity or availability for use in a legal proceeding; or (5) Hindering, delaying, or preventing the communication to a law enforcement officer or judge information relating to the possible commission of an offense or a violation of conditions of probation, parole, or release pending a judicial proceeding. This bill also makes it a Class D felony for a person to intimidate, or attempt to intimidate, a party to or participant in a legal or administrative proceeding by engaging in: (1) Criminal trespass or aggravated criminal trespass the residence or workplace of the party or participant; or (2) Vandalism, disorderly conduct, rioting, or aggravated rioting at the residence or workplace of the party or participant. This bill applies to a party to or participant in a legal or administrative proceeding, and includes a law enforcement officer; a judge; a prosecutor, defense attorney, or other attorney of record in a legal proceeding; a juror; a witness; a member or employee of a state or local legislative body; and a spouse, child, parent, or other blood relative who lives in the same residence of any such person. This bill specifies that a person commits an offense under this bill, even though: (1) An official legal proceeding was not pending at the time of the offense; and (2) The testimony or physical evidence is admissible or free of a claim of privilege. In order for a person to be convicted of a violation of this bill, the act against a participant must be related to the performance of a duty or role played by the participant in a legal proceeding or an anticipated legal proceeding.

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Overview

This bill makes it a Class D felony for a person to intimidate, or attempt to intimidate, a party to or participant, as defined in this bill, in a legal or administrative proceeding by the use of physical force or a threat of physical force directed at the party or participant for the purpose of: (1) Influencing the testimony, vote, decision, or opinion of the participant; (2) Inducing the participant to avoid showing up and participating in a legal proceeding after the participant receives legal process summoning the participant to testify; (3) Inducing the participant to withhold physical evidence from a legal proceeding; (4) Inducing the participant to alter, destroy, mutilate, or conceal physical evidence with intent to impair the object's integrity or availability for use in a legal proceeding; or (5) Hindering, delaying, or preventing the communication to a law enforcement officer or judge information relating to the possible commission of an offense or a violation of conditions of probation, parole, or release pending a judicial proceeding. This bill also makes it a Class D felony for a person to intimidate, or attempt to intimidate, a party to or participant in a legal or administrative proceeding by engaging in: (1) Criminal trespass or aggravated criminal trespass the residence or workplace of the party or participant; or (2) Vandalism, disorderly conduct, rioting, or aggravated rioting at the residence or workplace of the party or participant. This bill applies to a party to or participant in a legal or administrative proceeding, and includes a law enforcement officer; a judge; a prosecutor, defense attorney, or other attorney of record in a legal proceeding; a juror; a witness; a member or employee of a state or local legislative body; and a spouse, child, parent, or other blood relative who lives in the same residence of any such person. This bill specifies that a person commits an offense under this bill, even though: (1) An official legal proceeding was not pending at the time of the offense; and (2) The testimony or physical evidence is admissible or free of a claim of privilege. In order for a person to be convicted of a violation of this bill, the act against a participant must be related to the performance of a duty or role played by the participant in a legal proceeding or an anticipated legal proceeding.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
12105265437525952550

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