Bill Text: TX HB233 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the creation of the offense of obstruction of or retaliation against a process server.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-07 - Referred to Criminal Jurisprudence [HB233 Detail]

Download: Texas-2013-HB233-Introduced.html
  83R1336 ADM-F
 
  By: Guillen H.B. No. 233
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the offense of obstruction of or
  retaliation against a process server.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 36.06(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if he intentionally or
  knowingly harms or threatens to harm another by an unlawful act:
               (1)  in retaliation for or on account of the service or
  status of another as a:
                     (A)  public servant, process server, witness,
  prospective witness, or informant; or
                     (B)  person who has reported or who the actor
  knows intends to report the occurrence of a crime; or
               (2)  to prevent or delay the service of another as a:
                     (A)  public servant, process server, witness,
  prospective witness, or informant; or
                     (B)  person who has reported or who the actor
  knows intends to report the occurrence of a crime.
         (b)  In this section:
               (1)  "Civil process" means all process issued or
  sanctioned by a civil court.
               (2)  "Honorably retired peace officer" means a peace
  officer who:
                     (A)  did not retire in lieu of any disciplinary
  action;
                     (B)  was eligible to retire from a law enforcement
  agency or was ineligible to retire only as a result of an injury
  received in the course of the officer's employment with the agency;
  and
                     (C)  is entitled to receive a pension or annuity
  for service as a law enforcement officer or is not entitled to
  receive a pension or annuity only because the law enforcement
  agency that employed the officer does not offer a pension or annuity
  to its employees.
               (3) [(2)]  "Informant" means a person who has
  communicated information to the government in connection with any
  governmental function.
               (4)  "Process server" means a person who serves civil
  process.
               (5) [(3)]  "Public servant" includes an honorably
  retired peace officer.
         SECTION 2.  This Act takes effect September 1, 2013.
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