,,ii #aacth ,,congress #ast ,session ,s4 #ija ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjac ,mr4 ,casey 7for himself and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect ,state and local witnesses from tampering and retaliation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,state ,witness ,protection ,act of #bjac4 #b4 ,protection of ,state and local witnesses 7a7 ,in general ,chapter #gc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aebb4 ,state and local witness tampering and retaliation 7a7 ,definitions ,in this section-- 7#a7 the term ,state official proceeding means a proceeding before a judge or court of a ,state or political subdivision thereof2 and 7#b7 the term physical force has the meaning given the term in section #aeae4 7b7 ,tampering and retaliation ,it shall be unlawful1 in a circumstance described in subsection 7c71 for a person to kill1 attempt to kill1 use physical force or the threat of physical force against1 harass1 intimidate or attempt to intimidate1 or offer anything of value to1 another individual1 with the intent to-- 7#a7 influence1 delay1 or prevent the testimony or attendance of any person in a ,state official proceeding2 7#b7 prevent the production of a record1 document1 or other object1 in a ,state official proceeding2 7#c7 cause or induce any person to-- 7,a7 withhold testimony1 or withhold a record1 document1 or other object from a ,state official proceeding2 7,b7 alter1 destroy1 mutilate1 or conceal an object with intent to impair the integrity or availability of the object for use in a ,state official proceeding2 7,c7 evade legal process summoning that person to appear as a witness1 or to produce a record1 document or other object in a ,state official proceeding2 or 7,d7 be absent from a ,state official proceeding to which that person has been summoned by legal process2 7#d7 hinder1 delay1 or prevent the communication by any person to a law enforcement officer or judge of a ,state1 or political subdivision thereof1 of information relating to the violation or possible violation of a law of a ,state or political subdivision thereof1 or a violation of conditions of probation1 parole1 or release pending judicial proceedings2 or 7#e7 retaliate against any person for-- 7,a7 the attendance of a witness or party at a ,state official proceeding1 or any testimony given or any record1 document1 or other object produced by a witness in a ,state official proceeding2 or 7,b7 providing to a law enforcement officer any information relating to the violation or possible violation of a law of a ,state or political subdivision thereof1 or a violation of conditions of probation1 supervised release1 parole1 or release pending judicial proceedings4 7c7 ,circumstances ,a circumstance described in this subsection is that-- 7#a7 any communication involved in or made in furtherance of the offense is communicated or transported by the mail1 or in interstate or foreign commerce by any means1 including by computer1 or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense2 7#b7 any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense2 or 7#c7 any weapon1 including a firearm1 shipped or transported across ,state lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense4 7d7 ,penalties 7#a7 ,in general ,any person that violates this section-- 7,a7 in the case of a killing1 shall be punished as provided under sections #aaaa and #aaab2 7,b7 in the case of an attempt to murder1 or the use or attempted use of physical force against any person1 shall be fined under this title1 or imprisoned for not more than #cj years1 or both2 and 7,c7 in the case of any other violation of this section1 shall be fined under this title1 imprisoned for not more than #bj years1 or both4 7#b7 ,exception ,if the offense under this section occurs in connection with a trial of a criminal case1 the maximum term of imprisonment that may be imposed for the offense shall be the higher of-- 7,a7 the penalty described in paragraph 7#a72 or 7,b7 the maximum term that could have been imposed for any offense charged in the criminal case4 7#c7 ,attempt and ,conspiracy ,any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense1 the commission of which was the object of the attempt or conspiracy4 7e7 ,affirmative defense ,it is an affirmative defense to a prosecution under this section1 which the defendant shall prove by a preponderance of the evidence1 that the conduct committed by the defendant-- 7#a7 consisted solely of lawful conduct2 and 7#b7 that the sole intention of the defendant was to encourage1 induce1 or cause the other person to testify truthfully4 7f7 ,pending proceeding2 evidentiary value ,for the purposes of this section-- 7#a7 a ,state official proceeding need not be pending or about to be instituted at the time of the offense2 and 7#b7 the testimony1 or the record1 document1 or other object obstructed1 tampered1 or retaliated against by the defendant need not be admissible in evidence or free of a claim of privilege4 7g7 ,intent ,in a prosecution for an offense under this section1 the state of mind need not be proved with respect to-- 7#a7 a ,state official proceeding before a judge1 court1 magistrate judge1 or grand jury being before a judge or court of a ,state or political subdivision thereof2 7#b7 a judge being a judge of a ,state or political subdivision thereof2 or 7#c7 a law enforcement officer being an officer or employee of the ,state or political subdivision thereof4 7h7 ,venue ,a prosecution brought under this section may be brought-- 7#a7 in the district in which the ,state official proceeding 7whether or not pending or about to be instituted7 was intended to be affected2 or 7#b7 in the district which the conduct constituting the alleged offense occurred4 4 7b7 ,technical and conforming amendment ,the table of contents for chapter #gc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aebb4 ,state and local witness tampering and retaliation4 4 #c4 ,sentencing guidelines enhancement ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall amend the ,federal ,sentencing ,guidelines to increase the guideline range for ,obstruction of ,justice1 #b;,j#a4b1 as follows-- 7#a7 by #b levels if the defendant threatened or harmed #a or more individuals on more than #a occasion2 7#b7 by #b levels if the defendant accepted or paid a bribe or payoff as part of a scheme to obstruct justice2 7#c7 by #b levels if the defendant destroyed or caused the destruction of documents on a computer2 and 7#d7 by #f levels if the offense resulted in substantial interference with the administration of justice4 #d4 ,witness protection grant program 7a7 ,in ,general ,subject to subsection 7b71 the ,attorney ,general shall make competitive grants to eligible ,state1 tribal1 and local governments to establish or maintain programs that-- 7#a7 provide protection or assistance to witnesses in-- 7,a7 court proceedings involving homicide1 or involving a serious violent felony or serious drug offense as defined in section #ceei7;c77#b7 of title #ah1 ,united ,states ,code2 and 7,b7 court proceedings involving gangs or organized crime2 and 7#b7 provide information and outreach to the public about witness intimidation4 7b7 ,criteria ,in making grants under subsection 7a71 the ,attorney ,general shall evaluate applicants based upon-- 7#a7 the extent to which the applicant has a lack of infrastructure to support a witness assistance program2 7#b7 the extent to which witness intimidation is present with respect to the applicant2 7#c7 the level of cases not prosecuted by the applicant due to witness intimidation2 7#d7 the number of homicides per capita committed in the jurisdiction of the applicant2 7#e7 the number of serious violent felonies or serious drug offenses1 as defined in section #ceei7;c77#b7 of title #ah1 ,united ,states ,code1 per capita committed in the jurisdiction of the applicant2 7#f7 the extent to which organized crime is present in the jurisdiction of the applicant2 and 7#g7 any other appropriate criteria as determined by the ,attorney ,general4 7c7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out using a grant made under this section shall be not more than #ge percent4 7#b7 ,in-kind contributions 7,a7 ,in general ,subject to subparagraph 7,b71 the non-,federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made4 7,b7 ,maximum percentage ,not more than #ej percent of the non-,federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions4 7d7 ,administrative expenses ,federal administrative costs to carry out this section for a fiscal year shall not exceed #e percent of the funds appropriated pursuant to subsection 7e7 for such fiscal year4 7e7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4