HOUSE DOCKET, NO. 2392        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1741

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John H. Rogers

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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 legislative witness tampering.

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PETITION OF:

HOUSE DOCKET, NO. 2392        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1741

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4159 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to legislative witness tampering.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 3 of the General Laws is hereby amended by inserting after section 28A the following section:-

Section 28B. (a) As used in this section, the words “harass” or “intimidate” shall, unless the context clearly requires otherwise, mean to engage in an act directed at a specific person or group of persons and would cause a reasonable person or group of persons to suffer substantial emotional distress including, but not limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, electronic mail, internet communications, instant messages and facsimile communications.

(b) Whoever willfully, either directly or indirectly: harasses or intimidates another person who is: (i) a witness or potential witness set to appear before either branch of the general court, or both jointly, or under any provision of law, upon any matter under inquiry before either branch, or before any committee of either branch, or before any joint or special committee or special commission consisting in whole or in part of members of the general court; or (ii) a family member of a person described in this section, with intent to or with reckless disregard for the fact that it may: (A) impede, obstruct, delay, prevent or otherwise interfere with a matter under inquiry before the general court; or (B) punish, harm or otherwise retaliate against any witness or potential witness or such person’s family member’s participation in any matter under inquiry before either branch, or before any committee of either branch, or before any joint or special committee or special commission consisting in whole or in part of members of the general court, shall be punished by imprisonment in the state prison for not more than XX years or by imprisonment in the house of correction for not more than XX years or by a fine of not less than $XX or more than $XX or by both such fine and imprisonment.