The bill would amend the Penal Code as it relates to the penalty for certain intoxication offenses. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, the punishment for intoxication assault would be enhanced from a third degree felony to a second degree felony if it is shown at the trial of the offense that the person caused serious bodily injury to another in the nature of traumatic brain injury that results in a persistent vegetative state.

A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional 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. In fiscal year 2010, 252 people were arrested, 56 people were placed on felony community supervision, and less than five people were admitted to prison for intoxication assault.  Although the number of times the punishment for intoxication assault would be enhanced subject to the provisions of the bill is unknown, it is assumed the number of offenders not released 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.