[House Report 104-549]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-549
_______________________________________________________________________


 
    AMENDING TITLE 18, UNITED STATES CODE, WITH RESPECT TO WITNESS 
           RETALIATION, WITNESS TAMPERING AND JURY TAMPERING

                                _______


  May 1, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3120]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3120) to amend title 18, United States Code, with 
respect to witness retaliation, witness tampering and jury 
tampering, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     4
Committee Oversight Findings.....................................     4
Committee on Government Reform and Oversight.....................     4
New Budget Authority and Tax Expenditures........................     4
Committee Cost Estimate..........................................     4
Inflationary Impact Statement....................................     5
Section-by-Section Analysis and Discussion.......................     5
Agency Views.....................................................     6
Changes in Existing Law Made by the Bill, as Reported............     6
Dissenting Views.................................................     8

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

That title 18, United States Code, is amended--
          (1) in section 1513--
                  (A) by redesignating subsection (c) as subsection 
                (d); and
                  (B) by adding at the end the following:
    ``(c) If the retaliation occurred because of attendance at or 
testimony in a criminal case, the maximum term of imprisonment which 
may be imposed for the offense under this section shall be the higher 
of that otherwise provided by law or the maximum term that could have 
been imposed for any offense charged in such case.'';
          (2) in section 1512, by adding at the end the following:
    ``(i) If the offense under this section occurs in connection with a 
trial of a criminal case, the maximum term of imprisonment which may be 
imposed for the offense shall be the higher of that otherwise provided 
by law or the maximum term that could have been imposed for any offense 
charged in such case.''; and
          (3) in section 1503(a), by adding at the end the following: 
        ``If the offense under this section occurs in connection with a 
        trial of a criminal case, and the act in violation of this 
        section involves the threat of physical force or physical 
        force, the maximum term of imprisonment which may be imposed 
        for the offense shall be the higher of that otherwise provided 
        by law or the maximum term that could have been imposed for any 
        offense charged in such case.''.

                          Purpose and Summary

    H.R. 3120, introduced by Rep. Jon Fox of Pennsylvania, 
makes three changes to title 18 in order to increase the 
maximum penalties which may be imposed for jury and witness 
retaliation and tampering.
    First, this bill amends the title 18 provisions relating to 
retaliation against witnesses, victims, or informants (18 
U.S.C. Sec. 1513). Current law provides for a maximum penalty 
of 10 years imprisonment for persons convicted of this crime. 
This bill will amend that law to provide that if the 
retaliation occurred because of attendance at a criminal trial, 
the maximum punishment would be the higher of that in the 
present statute, or the maximum term for any offense charged in 
the criminal case to which the retaliation related.
    Second, this bill would amend the title 18 provision 
relating to tampering with a witness, victim, or informant (18 
U.S.C. Sec. 1512). Current law provides for a maximum penalty 
of ten years if the act involves intimidation or the threat of 
physical force, or one year if the act constitutes 
``harassment.'' If the act involved murder, the maximum 
punishment is death. If the act involved is attempted murder, 
the maximum punishment is 20 years imprisonment. This bill 
would provide that if the offense occurred in connection with a 
criminal trial, the maximum punishment would be the higher of 
that provided by the present statute or the maximum term for 
any offense charged in the criminal case in question.
    Finally, this bill would amend the title 18 provision 
relating to jury tampering and influencing or injuring court 
officials (18 U.S.C. Sec. 1503). Under current law the maximum 
punishment is 10 years imprisonment. However, if the act 
involved killing a person, the maximum punishment is death. If 
the act involved is attempted killing, the maximum punishment 
is 20 years imprisonment. This bill provides that if the 
offense occurred in connection with a criminal trial and 
involved the use of physical force or threat of physical force, 
the maximum punishment shall be the higher of that provided by 
the present statute or the maximum term for any offense charged 
in the criminal case in question.

                Background and Need for the Legislation

    In recent years, criminal sentences have increased in 
response to the scourge of drugs and violent crime, yet the 
penalties for retaliating against or tampering with witnesses, 
jurors, and court officials in criminal cases have remained 
unchanged. Some federal and state prosecutors blame witness 
intimidation and juror tampering for the falling conviction 
rates in some parts of the country.
    Indeed, under current law, a defendant facing a federal 
criminal sentence of ten years or more may believe he or she is 
better off trying to influence the outcome of the trial by 
intimidating a witness, or tampering with a juror or court 
officer, because the maximum punishment for such crime is 
generally 10 years in prison.
    In order to deter criminals and their associates from 
attempting to illegally influence the outcome of a criminal 
trial, H.R. 3120 increases the maximum penalty for witness 
intimidation, and tampering with a juror or court official, so 
that it equals the maximum penalty for the crime being tried in 
the case. As a result, criminals will no longer be tempted to 
illegally influence their trial in the hope that, even if 
caught, their punishment for the act of intimidation or 
tampering will be less than what they would have faced had they 
been convicted on the original charges.
    The integrity of the criminal justice system is vital to 
public safety. Defendants must believe that any attempt to 
affect the rule of law by undermining the judicial process will 
be punished severely.

                                Hearings

    The Committee's Subcommittee on Crime held one day of 
hearings on H.R. 3140 on March 7, 1996. Testimony was received 
from two witnesses, Rep. Jon Fox of Pennsylvania, the sponsor 
of H.R. 2137, and Kevin Di Gregory, Deputy Assistant Attorney 
General, Department of Justice, with no additional material 
submitted.

                        Committee Consideration

    On March 21, 1996, the Subcommittee on Crime met in open 
session and ordered reported the bill H.R. 3120, by a voice 
vote, a quorum being present. On April 25, 1996, the Committee 
met in open session and ordered reported the bill H.R. 3120, 
with an amendment, by a voice vote, a quorum being present.

                         Vote of the Committee

    Mr. Watt offered an amendment to limit the application of 
the bill only to defendants charged in the underlying case to 
which the witness or jury tampering crime relates. The Watt 
amendment was defeated by a 5-21 rollcall vote.
        AYES                          NAYES
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Scott                           Mr. McCollum
Mr. Watt                            Mr. Coble
Mr. Becerra                         Mr. Smith (TX)
                                    Mr. Gallegly
                                    Mr. Canady
                                    Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Boucher
                                    Mr. Reed
                                    Mr. Nadler

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

                        Committee Cost Estimate

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3120, the following cost estimate.
    The Committees estimates that the costs associated with the 
increased sentences under H.R. 3120 will be negligible, and as 
such, cannot be estimated further. The frequency of future 
prosecutions enforcing the statutes amended by the bill cannot 
be known. To the extent that there is a significant numbers of 
such prosecutions, there will be increased prison operating 
costs associated with the incarceration of defendants affected 
by the bill.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
3120 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-by-Section Analysis

    H.R. 3120 consists of one section. There is no short title 
for this bill. H.R. 3120 makes modifications to the three title 
18 offenses relating to jury and witness tampering.
    First, this bill amends 18 U.S.C. Sec. 1513, which sets 
forth the punishment for the crime involving retaliation 
against witnesses, victims, or informants. Current law provides 
for a maximum penalty of 10 years imprisonment for persons 
convicted of this crime. This bill amends that law to provide 
that if the retaliation occurred because of attendance at a 
criminal trial, the maximum punishment would be the higher of 
that in the present statute, or the maximum term for any 
offense charged in the criminal case to which the retaliation 
related.
    Second, this bill amends 18 U.S.C. Sec. 1512, which sets 
forth the punishment for the crime involving tampering with a 
witness, victim, or informant. Current law provides for a 
maximum penalty of ten years if the act involves intimidation 
or the threat of physical force, or one year if the act 
constitutes ``harassment.'' If the act involved murder, the 
maximum punishment is death. If the act involved is attempted 
murder, the maximum punishment is 20 years imprisonment. This 
bill amends that section to provide that if the offense 
occurred in connection with a criminal trial, the maximum 
punishment would be the higher of that provided by the present 
statute or the maximum term for any offense charged in the 
criminal case in question.
    Finally, this bill amends 18 U.S.C. Sec. 1503 which sets 
forth the punishment for the crime of jury tampering. Under 
current law the maximum punishment is 10 years imprisonment. 
However, if the act involved killing a person, the maximum 
punishment is death. If the act involved is attempted killing, 
the maximum punishment is 20 years imprisonment. This bill 
provides that if the offense occurred in connection with a 
criminal trial, and involved the use of physical force or 
threat of physical force, the maximum punishment shall be the 
higher of that provided by the present statute or the maximum 
term for any offense charged in the criminal case in question.

                              Agency Views

    The Committee received a letter from the U.S. Department of 
Justice providing Administration views on H.R. 1143, H.R. 1144, 
and H.R. 1145, and other bills. The letter addressed the issues 
presented in H.R. 1143, H.R. 1144, and H.R. 1145, which were 
later combined and re-introduced as one bill--H.R. 3120, in 
pertinent part, as follows:

                h.r. 1143--retaliation against witnesses

    This bill would amend 18 U.S.C. Sec. 1513, relating to 
retaliating against a witness, by providing that if the 
retaliation occurred because of attendance at or testimony in a 
criminal case, the maximum term of imprisonment for the offense 
shall be the higher of that otherwise provided by law or the 
maximum term that could have been imposed for any offense 
charged in such case. The Department supports this penalty 
enhancement, which is clearly and rationally designed to deter 
the commission of this type of offense. As a technical matter, 
it would appear that this amendment ought to be designated 
subsection (d) rather than subsection (c).

                      h.r. 1144--witness tampering

    This bill would amend 18 U.S.C. Sec. 1512, relating to 
witness tampering, by providing that if the offense under this 
section occurs in connection with a trial of a criminal case, 
the maximum term of imprisonment which may be imposed for the 
offense shall be the higher of that otherwise provided by law 
or the maximum term that could have been imposed for any 
offense charged in such case. The Department supports this 
penalty enhancement, which again seems rationally designed to 
deter such tampering offenses.

                       h.r. 1145--jury tampering

    This bill would amend 18 U.S.C. Sec. 1503, relating to jury 
tampering, by providing that if the offense under this section 
occurs in connection with a trial of a criminal case, the 
maximum term of imprisonment which may be imposed for the 
offense shall be the higher of that otherwise provided by law 
or the maximum term that could have been imposed for any 
offense charged in such case. The Department supports this 
penalty enhancement, for the reason given in connection with 
the discussion of H.R. 1144.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

               CHAPTER 73 OF TITLE 18, UNITED STATES CODE

                   CHAPTER 73--OBSTRUCTION OF JUSTICE

          * * * * * * *

Sec. 1503. Influencing or injuring officer or juror generally

  (a) Whoever corruptly, or by threats or force, or by any 
threatening letter or communication, endeavors to influence, 
intimidate, or impede any grand or petit juror, or officer in 
or of any court of the United States, or officer who may be 
serving at any examination or other proceeding before any 
United States magistrate judge or other committing magistrate, 
in the discharge of his duty, or injures any such grand or 
petit juror in his person or property on account of any verdict 
or indictment assented to by him, or on account of his being or 
having been such juror, or injures any such officer, magistrate 
judge, or other committing magistrate in his person or property 
on account of the performance of his official duties, or 
corruptly or by threats or force, or by any threatening letter 
or communication, influences, obstructs, or impedes, or 
endeavors to influence, obstruct, or impede, the due 
administration of justice, shall be punished as provided in 
subsection (b). If the offense under this section occurs in 
connection with a trial of a criminal case, and the act in 
violation of this section involves the threat of physical force 
or physical force, the maximum term of imprisonment which may 
be imposed for the offense shall be the higher of that 
otherwise provided by law or the maximum term that could have 
been imposed for any offense charged in such case.
          * * * * * * *

Sec. 1512. Tampering with a witness, victim, or an informant

  (a) * * *
          * * * * * * *
  (i) If the offense under this section occurs in connection 
with a trial of a criminal case, the maximum term of 
imprisonment which may be imposed for the offense shall be the 
higher of that otherwise provided by law or the maximum term 
that could have been imposed for any offense charged in such 
case.

Sec. 1513. Retaliating against a witness, victim, or an informant

  (a) * * *
          * * * * * * *
  (c) If the retaliation occurred because of attendance at or 
testimony in a criminal case, the maximum term of imprisonment 
which may be imposed for the offense under this section shall 
be the higher of that otherwise provided by law or the maximum 
term that could have been imposed for any offense charged in 
such case.
  [(c)] (d) There is extraterritorial Federal jurisdiction over 
an offense under this section.
          * * * * * * *
                            DISSENTING VIEWS

    H.R. 3120, would amend sections 1513, 1512 and 1503 of 
Title 18 of the U.S. Code such that persons found guilty of 
witness or jury intimidation, tampering or retaliation could be 
sentenced to the maximum term of imprisonment which could have 
been imposed for any offense charged in the underlying case, 
even if the violator of the section was not charged in the 
underlying case.
    Although we have no quarrel with the notion of imposing 
severe penalties on those who intimidate, tamper with or 
retaliate against witnesses or jurors, we believe the penalties 
established in the current law adequately provide for these 
situations. For example, current Title 18 USCA Sec. 1502(b)(3) 
provides for up to 10 years imprisonment and fines for jury 
tampering, while 18 USCA Sec. 1512(a)(2) provides for the death 
penalty in cases where witnesses are murdered in order to 
prevent their appearance at trial. Accordingly, the enhanced 
penalties proposed by H.R. 3120 are unnecessary.
    Moreover, we believe this legislation is overbroad and 
would lead to unjust results and imposition of penalties 
disproportionate to the crime. As currently drafted, H.R. 3120 
would permit the imposition of severe prison sentences (even 
the death penalty) for persons who intimated a witness but who 
had no involvement in the underlying case or for persons who 
intimated a witness for the benefit of a defendant charged with 
one of the lesser offenses charged in the underlying case.
    Finally, because the existing statutes are so broadly 
drafted, relatively minor behavior can be deemed acts of 
intimidation--from a glaring look to an angry telephone call. 
Such a broad definition of ``intimidation'', coupled with the 
extreme sentences proposed in H.R. 3120, would doubtlessly 
invite overly zealous prosecutors to abuse their discretion.
    For these reasons, we opposed H.R. 3120.

                                   Melvin L. Watt.
                                   Bobby Scott.
                                   Jerrold Nadler.