SECOND REGULAR SESSION

HOUSE BILL NO. 3389 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE CUPPS.

7300H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To repeal section 575.095, RSMo, and to enact in lieu thereof one new section relating to the offense of tampering with a judicial officer, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 575.095, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 575.095, to read as follows: 575.095. 1. A person commits the offense of tampering with a judicial officer if, with 2 the purpose to harass, intimidate or influence a judicial officer in the performance of such 3 officer's official duties, such person: 4 (1) Threatens or causes harm to such judicial officer or members of such judicial 5 officer's family; 6 (2) Uses force, threats, or deception against or toward such judicial officer or 7 members of such judicial officer's family; 8 (3) Offers, conveys or agrees to convey any benefit direct or indirect upon such 9 judicial officer or such judicial officer's family; 10 (4) Engages in conduct reasonably calculated to harass or alarm such judicial officer 11 or such judicial officer's family, including stalking pursuant to section 565.225 or 565.227; 12 (5) Disseminates through any means, including by posting on the internet, the judicial 13 officer's or the judicial officer's family's personal information. For purposes of this section, 14 "personal information" includes a home address, home or mobile telephone number, personal 15 email address, Social Security number, federal tax identification number, checking or savings 16 account number, marital status, and identity of a child under eighteen years of age.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3389 2

17 2. A judicial officer for purposes of this section shall be a judge or commissioner of a 18 state or federal court, arbitrator, special master, juvenile officer, deputy juvenile officer, state 19 prosecuting or circuit attorney, state assistant prosecuting or circuit attorney, juvenile court 20 commissioner, state probation or parole officer, [or] referee, public administrator, or deputy 21 public administrator or any support staff of a public administrator. 22 3. A judicial officer's family for purposes of this section shall be: 23 (1) Such officer's spouse; or 24 (2) Such officer or such officer's spouse's ancestor or descendant by blood or 25 adoption; or 26 (3) Such officer's stepchild, while the marriage creating that relationship exists. 27 4. The offense of tampering with a judicial officer is a class D felony. 28 5. If a violation of this section results in death or bodily injury to a judicial officer or a 29 member of the judicial officer's family, the offense is a class B felony. ✔

Statutes affected:
Introduced (7300H.01): 575.095