The bill increases the penalty for the illegal possession of a firearm or for the straw purchase of a firearm. Under current law either crime is a Class G felony. The bill increases the penalty to a Class F felony for a repeat offense.
VICTIMS AND WITNESSES
Victim-witness reimbursement payments
Under current law, DOJ reimburses counties for costs they incur in providing services to victims and witnesses of crime. The bill increases funding for these reimbursements by $1,503,400 in fiscal year 2023-24 and by $1,901,400 in fiscal year 2024-25.
Address confidentiality program
The bill provides new general purpose revenue funding for the address confidentiality program operated by DOJ. Under current law, DOJ’s address confidentiality program, known as “Safe at Home,” provides certain victims of domestic abuse with a substitute legal address that can be used for both public and private purposes so that the victim’s home address can remain confidential.
Intimidation of a witness or a victim
Under current law, the crime of intimidation of a witness or a victim is a Class A misdemeanor, unless certain aggravating factors are present, in which case it is a Class H felony. The bill increases the penalty for the crime of intimidation of a witness or a victim from a Class A misdemeanor to a Class H felony and from a Class H felony to a Class G felony if the aggravating factors are present.
Victim services
The bill provides an additional $10,000,000 in the 2023-25 biennium for victim services provided by DOJ across the state.
LAW ENFORCEMENT RECRUITMENT, RETENTION, AND TRAINING
Reimbursement for law enforcement specialized training
Under current law, the Law Enforcement Standards Board reimburses political subdivisions for certain expenses associated with certification training for law enforcement officers. Under current law, these reimbursements are funded from a combination of GPR and penalty surcharges on court fines and forfeitures. The bill increases GPR funding for law enforcement certification training reimbursements by $1,000,000 GPR in each fiscal year.
Law enforcement officer recruitment, retention, and wellness grants
The bill requires DOJ to provide $10,000,000 in grants in the 2023-25 fiscal biennium for programs designed to recruit and retain law enforcement officers and to promote officer wellness.
OBSTRUCTING JUSTICE
Obstructing justice
Under current law, the crime of obstructing justice is defined as knowingly giving, for consideration, false information to a judge, court reporter, bailiff, or district attorney with intent to influence that person in the performance of official functions and is a Class I felony. Under current law, it is also a Class I felony to destroy documents that are subject to subpoena, and it is a Class H felony to bribe a witness.
Under the bill, the crime of obstructing justice is redefined to include a variety of acts that interfere with a governmental or criminal investigation, including all of the following:
1. Withholding or destroying records or oral testimony with intent to obstruct a legal investigation.
2. Interfering with a legal or governmental proceeding through the use of a bribe or a threat.
3. Interfering, by threat or force, with the exercise of rights or performance of duties pursuant to a court order.
4. Obstructing or otherwise interfering with the communication to a criminal investigator of information relating to a crime.
5. Altering or destroying a record, document, or other object in order to interfere with a governmental investigation or administration of any other matter in the jurisdiction of the state government.
6. Accepting a bribe to influence, obstruct, or impede a legal or governmental proceeding.
Any of these activities is a Class H felony under the bill.
Battery or threat of a juror or a family member of a juror
Under current law, the crime of battery is defined as intentionally causing another person bodily harm and is a Class A misdemeanor. Under current law, if the battery is a special circumstance battery—for example, the battery is committed against an individual because of the individual’s status as a law enforcement officer, witness in a trial, or juror—the penalty is increased to a Class H felony. Under the bill, a threat of battery against a juror or battery or a threat of battery against a family member of a juror is also a Class H felony.
DEPARTMENT OF JUSTICE AND DEPARTMENT OF CORRECTIONS PROGRAMS