The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the offenses of assault and aggravated assault. Under the provisions of the bill, the penalty for assault of an individual the actor knows is a process server, while in the performance of their duty as a process server, would be enhanced to a third degree felony, and the punishment for aggravated assault under the same circumstances would be enhanced to a first degree felony. Under existing statute, these offenses are punishable as a Class A misdemeanor and as a second degree felony, respectively.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years, a second degree felony is punishable by confinement in prison for a term from 2 to 20 years, and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.
Enhancing the penalty for an offense could result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.