On February 9, 2022, the House Corrections and Criminal Code Committee heard SB 70 on obstruction of justice sponsored by Rep. McNamara.Theauthor, Sen. Crider, introduced the bill which provides that a person commits obstruction of justice if the person persuades a witness in a legal proceeding to: (1) withhold or delay producing evidence that the witness is legally required to produce; (2) avoid a subpoena or court order; (3) not appear at a proceeding to which the witness has been summoned; or (4) give a false or materially misleading statement. The bill also establishes a uniform definition of “communicates” for the criminal code.
The Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council testified in opposition. The bill was held for amendment.
On February 16, 2022, the bill was amended by consent to:
- remove the term “persuasion” from the offense of obstruction of justice as a Level 6 felony
- remove additional elements that must be proven for an offense involving obstruction of justice during the investigation or pendency of a domestic violence or child abuse case
- provide that a person commits obstruction of justice, as a Level 5 felony, if the person convinces a witness to give a false or materially misleading statement during the investigation or pendency of a domestic violence or child abuse case.
The amended bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/70