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Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.
Increasing the amount of time served and the criminal penalty for a criminal offense is expected to result in increased demands on the correctional resources of the State. The probable fiscal impact of implementing the provisions of the bill is indeterminate due to the lack of information on the number of persons who committed aggravated assault as part of a mass shooting. This information is necessary to identify the cases affected by the provisions of the bill from all other aggravated assault cases.
HB 2781 would increase an aggravated assault offense from a second-degree felony to a first-degree felony if it was committed as part of a mass shooting, defined as the discharge of a firearm to attempt to cause serious injury or death to four or more people. The sentences for multiple aggravated assault offenses arising out of the same mass shooting episode would have to run consecutively, rather than concurrently.
Texas Action is neutral on HB 2781 which does not appear to conflict with our Liberty Principles. The penalty increase proposed by this legislation keeps the penalty proportional to the offense.
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