An Act regarding testimony after a grant of immunity to a witness


Lead Sponsor: Representative Jay D. Livingstone


Impetus
Under current Massachusetts law, an immunized witness who obstructs the investigation or prosecution of a case only faces a potential sentence of up to one year in jail, even when the case involves the most serious offenses of armed robbery, child rape or first-degree murder. This penalty does not serve as an effective deterrent to a witness who though granted immunity, still refuses to honor their obligation to testify.

Need

  • The penalties for deliberately obstructing justice in this manner after being granted immunity must be proportionate to the charge that is being undermined by a witness's conduct in refusing to testify.

Legislative Fix

  • Establishes a sentencing structure that mirrors the penalty for the charge that is the basis for the criminal proceeding that is being obstructed.
  • Creates a separate, less severe, penalty for a minor engaged in this conduct.