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Relating to increasing the criminal penalty for assault or aggravated assault of a process server.
No significant fiscal implication to the State is anticipated.
HB 1306 would increase the criminal category of assault from a Class A misdemeanor to a third-degree felony if the offender assaults someone they know to be a process server in the performance of their duties. It would also increase the criminal category of aggravated assault from a second-degree felony to a first-degree felony if the same circumstances apply.
Texas Action is neutral on HB 1306. We are generally skeptical of penalty enhancements that jump from misdemeanor to felony level. However, since process servers are acting in an official capacity as part of the court system we recognize that there may be a legitimate purpose in considering such an enhancement in this case.
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