The bill would amend the Penal Code by enhancing the punishment for the offense of intoxication assault from a third degree felony to a second degree felony if serious bodily injury to a peace officer, firefighter, or emergency services personnel occurred while the victim was involved in the actual discharge of an official duty.  The bill would also amend the Penal Code by enhancing the punishment for the offense of intoxication manslaughter from a second degree felony to a first degree felony if the offense resulted in the death of a peace officer, firefighter, or emergency services personnel, while the victim was involved in the actual discharge of an official duty.    

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.

A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.

For fiscal year 2006, there were 155 intakes for the offense of intoxication assault and 130 intakes for the offense of intoxication manslaughter.  The average sentence length for the combined 285 intoxication categories was 8 years.  The impact of the bill on correctional populations would depend on how many persons would be prosecuted under the provisions of the bill, and the extent to which punishment would be enhanced under the proposed statute compared to existing statute.  For this analysis 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 or on the demand for resources and services of those agencies.