Bill > H4064

This bill amends Chapter 268 of the Massachusetts General Laws to comprehensively redefine and strengthen witness intimidation protections. The legislation establishes a clear legal framework for what constitutes witness intimidation, defining it as using explicit or implicit threats, physical force, bribes, extortion, or blackmail to either cause fear of physical injury or influence testimony in an official proceeding. The bill outlines four specific scenarios that would constitute witness intimidation, including attempts to prevent testimony, dissuade reporting of crimes, induce false testimony, or retaliate against someone who has previously testified. Importantly, the bill includes First Amendment protections, ensuring that legitimate criticism, commentary, or petitioning of the government does not fall under intimidation. The proposed law establishes graduated penalties, with more severe punishment (up to 10 years imprisonment and a $25,000 fine) for intimidation involving physical force, and lesser penalties (up to 2½ years in jail and a $5,000 fine) for threats or bribery. The bill also requires that intimidation be proven through direct evidence of the accused's communicated intent, and mandates that law enforcement receive specialized training on the nuanced application of this statute to prevent misuse and protect constitutional rights.

Justice

https://malegislature.gov/Bills/194/H4064