LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 4, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB449 by Phillips (Relating to the penalty for the offense of intoxication assault.), As Introduced

The bill would amend the Penal Code by enhancing the punishment for the offense of intoxication assault from a felony of the third degree to a felony of the second degree. The change in law made the proposal would only apply to an offense committed on or after September 1, 2007.

 

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, 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.

 

According to Texas Department of Criminal Justice (TDCJ) data, there were 154 admissions for the offense of intoxication assault for fiscal year 2006.  The average sentence length for these third degree offenders was 5.3 years.  Based on a comparison of third degree and second degree admissions in fiscal year 2006, it is assumed that the average sentence length for intoxication assault offenders would increase to 6.8 years if the punishment for the offense is enhanced to a felony of the second degree, as required by the bill.     

 

Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows:




Fiscal Year Decrease In Demand For Prison Capacity Decrease In Release Population
2008 0 0
2009 5 5
2010 26 26
2011 60 55
2012 84 53


Source Agencies:
LBB Staff:
JOB, GG