The bill would amend the Health and Safety Code by specifying conditions for which the punishment for the offense of Manufacture or Delivery of Substance in Penalty Group 1 would be enhanced.  If the offense is punishable as either a state jail felony or a felony of the second degree and a child younger than 18 years of age was present when the manufacturing of methamphetamine offense was committed the punishment would be increased by one category.  If the offense is punishable by life or by a term of not more than 99 years or less than 10 years, the minimum term would be increased to 15 years and the fine would be increased with a child present.  If the offense is punishable by life or by a term of not more than 99 years or less than 15 years, the minimum term would be increased to 20 years and the fine would be increased with a child present.  

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.

A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000

The impact of the bill would depend on the number of offenders that manufacture methamphetamine with children present.  The impact of the bill would also depend on the number of future offenders that would receive longer sentence lengths as a result of the proposal.  The sentence length range for first, second and third degree felonies overlap. Increasing the minimum terms from 10 to 15 years and from 15 to 20 years would not affect the inmate population for a minimum of 10 years following passage of the bill.  In the case of this bill, it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies.