Page:United States Statutes at Large Volume 96 Part 1.djvu/1291

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-291—OCT. 12, 1982

96 STAT. 1249

(1) to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process; (2) to ensure that the Federal Government does all that is possible within limits of available resources to assist victims and witnesses of crime without infringing on the constitutional rights of the defendant; and (3) to provide a model for legislation for State and local governments. VICTIM IMPACT STATEMENT

SEC. 3. Paragraph (2) of rule 32(c) of the Federal Rules of Criminal Procedure is amended to read as follows: "(2) REPORT.—The presentence report shall contain— "(A) any prior criminal record of the defendant; "(B) a statement of the circumstances of the commission of the offense and circumstances affecting the defendant's behavior; "(C) information concerning any harm, including financial, social, psychological, and physical harm, done to or loss suffered by any victim of the offense; and "(D) any other information that may aid the court in sentencing, including the restitution needs of any victim of the offense.".

18 USC app.

PROTECTION OF VICTIMS AND WITNESSES FROM INTIMIDATION

SEC. 4. (a) Chapter 73 of title 18 of the United States Code is amended by adding at the end the following new sections: "§ 1512. Tampering with a witness, victim, or an informant 18 USC 1512. "(a) Whoever knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to— "(1) influence the testimony of any person in an official proceeding; "(2) cause or induce any person to— "(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; "(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; "(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or "(D) be absent from an official proceeding to which such person has been summoned by legal process; or "(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be fined not more than $250,000 or imprisoned not more than Penalty. ten years, or both. "(b) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— "(1) attending or testifying in an official proceeding;