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Bill H.4064
Chapter 268 of the General Laws is hereby amended by striking out section 13B and inserting in place thereof the following section:-
Section 13B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Intimidation", the use of explicit or implicit threats, physical force, offering bribes or gifts, extortion, blackmail or other coercive means where the accused communicates, either directly or through third parties, an intent to:
(i) cause fear of physical injury or damage to property; and
(ii) influence the testimony of any person in an official proceeding through communication of such intent.
"Official Proceeding", any proceeding before a legislative, judicial, administrative or other government agency or official authorized to take evidence under oath or affirmation.
(b) A person commits the offense of witness intimidation if they:
(i) communicate, either explicitly or implicitly, an intent to prevent or dissuade any person from attending or testifying in an official proceeding;
(ii) communicate, either explicitly or implicitly, an intent to prevent or dissuade any person from reporting to law enforcement or any official body any information related to a crime or violation of law;
(iii) communicate, either directly or through third parties, an intent to influence any person to testify falsely or withhold testimony in an official proceeding through offering bribes or gifts or through acts of extortion or blackmail; or
(iv) communicate, either explicitly or implicitly, a retaliatory intent against a person for having testified or provided information in any official proceeding.
(c) This section shall not be construed to apply to:
(i) statements or expressions protected by the First Amendment to the United States Constitution or Article 16 of the Massachusetts Declaration of Rights, including:
(1) criticism of public officials or public policy; or
(2) commentary, reporting or discourse on matters of public interest or legal proceedings, provided such expressions do not include explicit or implicit threats of physical harm or property damage intended to coerce or intimidate; or
(ii) the right to petition the government for redress of grievances.
(d) (1) A violation of this section involving physical force shall be punishable by imprisonment in a state prison for not more than 10 years, or by a fine of not more than $25,000, or both such fine and imprisonment.
(2) A violation of this section that involves an explicit or implicit threat, the offering of bribes or gifts or extortion shall be punishable by a fine of not more than $5,000, or by imprisonment in a jail or house of correction for not more than 2½ years, or both such fine and imprisonment.
(e) The intent to intimidate must be communicated by the accused, whether explicitly or implicitly. The perception or belief of intimidation by the witness alone shall not suffice to establish the crime of witness intimidation under this section. Evidence of intent shall come from the words or actions directly attributable to the accused indicating their communicated purpose to influence, prevent, dissuade or retaliate.
(f) The Massachusetts peace officer standards and training commission, established in section 2 of chapter 6E, shall develop and implement training for all law enforcement officers on the application of this section, emphasizing the need for evidence of communicated intent from the accused to ensure that it is not misused to suppress constitutionally protected speech.
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