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Senate tightens language on threats to prosecutors but tables bill on third for fiscal review
Summary
Senators adopted a narrow floor amendment to House Bill 103 to limit felony protection for prosecutors to "specific threats" against those directly involved in a case, but a later motion to table HB103 on third reading to obtain a fiscal note passed; the bill is temporarily held for fiscal analysis.
Senator Wyler explained an amendment to House Bill 103 that adds the words "specific threat" where the bill addresses threats against prosecutors, narrowing the protection to prosecutors who are directly involved in a specific case. Wyler said the change was vetted with the Attorney General’s office and intended to avoid overbroad application to prosecutors not involved in a case.
Wyler outlined the rationale: judges and Board of Pardons members already have statutory protections for threats; this amendment seeks parity for prosecutors but carves out only those who are directly involved in the prosecution. "So the amendment will just add, like, three words... when it comes to prosecutors, it would talk about prosecutors who are directly involved in a case," Wyler said on the floor.
Senator Kitchen asked why defense attorneys were not included in the amendment’s protections; Wyler replied including defense attorneys broadly would expand the bill and its fiscal note because defense counsel are often assigned to many cases and could substantially increase the number of protected persons. The Senate adopted Amendment 1 by voice vote and read the amended bill for a third time (roll call reflected 22 yay votes, 0 nay, 7 absent).
Later on the third-reading calendar, Senator Milner moved to table HB103 on third to obtain a fiscal note. The motion to table passed by voice vote; the bill was tabled on third for a fiscal-note review.
What's next: HB103 remains tabled on third pending a fiscal note and any resulting adjustments; sponsors and committee staff indicated the amendment had AG office input.
