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There is no significant fiscal impact to the State.
The increase in revenue generated from higher fines would vary depending
on the number of offenses committed, but that amount may be offset by
costs associated with increased jail time per offender.
HB 1829 would amend the Penal Code to increase the offense of assault by a person who is not a sports participant against a different individual that the actor knows is a sports participant if the actor is an athlete at least 19 years of age or older.
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.
This bill seeks to clarify the original intent of this offense and increases the penalty from a Class B misdemeanor to a Class A misdemeanor. A Class B misdemeanor is already a sufficient penalty for this offense and we do not support increasing the penalty.
A Class B misdemeanor carries a penalty of up to 6 months in jail and/or up to $2,000 fine. A Class A misdemeanor would double that punishment.
We oppose HB 1829 unless the bill is amended to remove the increased penalty, since it abridges the principle of individual liberty concerning the right to not be subject to over-criminalization of offenses.