The bill would amend the Penal Code by creating the offense of driving while intoxicated with child passenger.  The offense would apply to an intoxicated person operating a motor vehicle with a passenger who is younger than 16 years of age.  The offense would be punishable as a state jail felony.  The offense of driving while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

Increasing the 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. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In the case of this bill, the increased workload and demand for resources would probably not be substantial.