Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S O'Brien, Director, Legislative Budget Board
HB952 by Lozano (Relating to the creation of the offense of obstruction of or retaliation against a process server.), As Introduced
The bill would amend the Penal Code as it relates to the creation of the offense of obstruction or retaliation against a process server. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, intentionally or knowingly harming or threatening to harm a process server in retaliation for or on account of the service or status of another or preventing or delaying the service of another would be a third degree felony.
A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. Although the number of times someone has obstructed or retaliated against a process server is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.
JOB, GG, LM