Texas Senate Bill SB1660

Texas 2009 - 81st Regular

Caption

Relating to a defense to prosecution for the offense of criminal trespass for process servers.

Impact

The impact of SB 1660, if enacted, extends to clarifying and reassuring the roles of process servers within the framework of law enforcement and civil proceedings. By explicitly including process servers in the definition of individuals who are exempt from prosecution for criminal trespass when performing their responsibilities, the bill may help lessen legal ambiguities that these professionals face. This is particularly important in a landscape where civil process delivery is crucial for the functioning of the judicial system, and ensuring process servers can perform their duties without fear of legal repercussions is paramount.

Summary

Senate Bill 1660 proposes an amendment to the Penal Code of Texas concerning criminal trespass, specifically providing a defense to prosecution for process servers. Under this amendment, a process server certified by the Supreme Court of Texas would have legal protection against charges of criminal trespass while engaged in their duties. This change recognizes the unique circumstances under which process servers operate and aims to facilitate their official duties in serving civil process effectively.

Contention

While there appears to be no notable contention around the bill based on the available documentation, the discussion of defenses to criminal prosecution often raises debates regarding the balance between lawful service of civil process and the rights of property owners. Opponents of similar measures in the past have argued about potential abuse of this exemption, citing concerns over the integrity of property rights. However, as SB 1660 aims to codify existing practices and clarify the legal status of process servers, overall opposition seems minimal.