2001 -- H 5945
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LC02182
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2001
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A N A C T
RELATING TO CRIMINAL OFFENSES -- OBSTRUCTION OF JUSTICE --
WITNESS PROTECTION
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-32-5 of the General Laws in Chapter 11-32 entitled "Obstructing Justice" is hereby amended to read as follows:
11-32-5. Intimidation of witnesses and victims of crimes. -- (a) As used in this section, "criminal proceeding" means the filing of a criminal complaint, any grand jury proceedings, any trial or hearing conducted in any court relating to a criminal matter, any proceeding before the parole board, or any official inquiry into an alleged criminal violation.
(b) Any person who, by expressly or impliedly threatening to commit any unlawful act, maliciously and knowingly communicates with another person with the specific intent to intimidate a victim of a crime or a witness in any criminal proceeding with respect to that person's participation in any criminal proceeding, is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred one thousand dollars ($500) ($1,000), imprisoned not more than one year, or both.
(c) Any person who, with the specific intent to intimidate a victim of a crime or a witness in any criminal proceeding with respect to that person's participation in any criminal proceeding, causes a physical injury to or damages the property of any person, or expressly or impliedly threatens to cause physical injury to or damage to the property of any person, or, with specific intent to intimidate, acts for pecuniary gain is guilty of a felony and, upon conviction, shall be fined not more than five ten thousand dollars ($5,000) ($10,000), imprisoned not more than five (5) ten (10) years, or both.
(d) Nothing contained in this section shall be construed to prevent an attorney from interviewing any witness or victim or from otherwise investigating a matter on behalf of a client in an otherwise lawful manner.
SECTION 2. Section 12-30-4 of the General Laws in Chapter 12-30 entitled "Protection and Supervision of Criminal Witnesses" is hereby amended to read as follows:
12-30-4. Noncriminal witnesses. - (a) Whenever any law enforcement official of the state or any city or town determines that a prospective witness who is not incarcerated, charged, or under investigation for commission of a felony, requires custodial protection and/or assistance with relocation due to a threat to the safety of that witness or his or her family, the official shall immediately notify the attorney general. An assistant attorney general and the law enforcement official shall interview the prospective witness to determine what information he or she possesses and what level of protection is required. If they determine that the evidence proffered is reliable and that the protection is necessary, the assistant attorney general shall prepare a written memorandum setting forth a summation of the information to be provided and the nature and cost of the protection to be afforded. This memorandum shall be presented to the witness protection review board for its review and approval pursuant to section 12-30-3.
(b) Upon application of a prosecutorial official, a court may issue a temporary restraining order prohibiting the harassment of a witness in a criminal case if the court finds, from specific facts shown by affidavit or verified complaint, that there are reasonable grounds to believe that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of an offense under section 11-32-5 of the general laws.
A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney if the court finds, upon written certification of facts by the prosecutorial official, that such notice should not be required and that there is a reasonable probability that the state will prevail on the merits. A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in its terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained.
A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court that issued the order.
A temporary restraining order issued under this section shall expire at such time as the court directs, not to exceed ten (10) days from issuance. The court, for good cause shown before the expiration of the order, may extend the expiration date of the order for not more than ten (10) days or for a longer period if agreed to by the adverse party.
If, on two (2) days notice to the prosecutorial official or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion expeditiously.
When a temporary restraining order is issued without notice, an application for a protective order filed pursuant to subsection (c) shall be privileged in assignment for hearing and shall take precedence over all other matters except matters of the same character, and, if the prosecutorial official does not proceed with such application at such hearing, the temporary restraining order shall be dissolved.
(c) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 11-32-5 of the general laws. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a certified copy of such order to be sent within forty-eight (48) hours of its issuance to the appropriate law enforcement agency.
A protective order shall set forth the reasons for the issuance of such order, be specific in terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained. A protective order issued under this section may include provisions necessary to protect the witness from threats, harassment, injury or intimidation by the adverse party including, but not limited to, enjoining the adverse party from : (1) imposing any restraint upon the person or liberty of the witness; (2) threatening, harassing, assaulting, molesting or sexually assaulting the witness; or (3) entering the dwelling of the witness.
SECTION 3. This act shall take effect upon passage.
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LC02182
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- OBSTRUCTION OF JUSTICE --
WITNESS PROTECTION
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This act would increase the penalties for the intimidation of witnesses and victims of crime. This act would also provide for the issuance of temporary retraining orders and protective orders for the protection of noncriminal witnesses.
This act would take effect upon passage.