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2005 SESSION

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HB 2288 Criminal investigation; obstruction of justice, penalty.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Impeding a criminal investigation; penalty.  Provides that any person with actual knowledge of the commission of a felony under Chapter 4 of Title 18.2 (Crimes Against the Person) by another, who willfully conceals, alters, dismembers, or destroys any item of physical evidence with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, is guilty of a Class 6 felony. This provision does not apply to the victim or the spouse, parent, grandparent, child, grandchild, or sibling of the offender.

SUMMARY AS PASSED HOUSE:

Impeding a criminal investigation.  Provides that any person, with actual knowledge of the commission of a murder by another, who willfully conceals, alters, dismembers, or destroys any item of evidence with the intent to delay, impede, obstruct, prevent, or otherwise hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, is guilty of a Class 4 felony. The bill also provides that if the underlying offense is a felony other than murder against a person other than the victim of the crime, then such person is guilty of a Class 6 felony.

SUMMARY AS INTRODUCED:

Impeding a criminal investigation.  Provides that any person, with actual knowledge of the commission of a homicide by another, who willfully conceals, alters, dismembers, or destroys any item of evidence with the intent to delay, impede, obstruct, prevent, or otherwise hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, is guilty of a Class 4 felony. The bill also provides that if such item of evidence is the body or physical remains of any victim of such offense, then such person is guilty of a Class 3 felony. The same offense is punishable as a Class 6 felony when the underlying crime is not a homicide.