TO:	Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB1234 by Smith, Todd (Relating to a defendant's eligibility to be placed on deferred adjudication for certain intoxication offenses and to the consequences of that deferred adjudication.), Committee Report 1st House, Substituted

The provision of the bill that is the subject of this analysis would amend the Code of Criminal Procedure making offenders convicted of certain intoxication related offenses (driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated) ineligible for judge-ordered deferred adjudication community supervision.  Offenders would still be eligible for jury-recommended community supervision or judge-ordered adjudicated community supervision.
 
In fiscal year 2006, 352 offenders were placed on deferred adjudication community supervision for driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated.  The probable impact of implementing the provisions of the bill would depend on the number of offenders shifted from community supervision to incarceration.  The probable impact of implementing the provisions of the bill cannot be determined due to the unavailability of reliable data or information related to the number of times an offender convicted of driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated is sentenced to incarceration instead of being placed under community supervision; however, it is assumed that the impact on the incarceration population would not be significant.