The bill would amend the Penal Code as it relates to the punishment for deadly conduct.  Under the provisions of the bill the offense of deadly conduct involving the discharge of a firearm would be punished as a second degree felony if the offender discharged a firearm in the direction of a habitation, building, or vehicle with knowledge that the habitation, building, or vehicle was occupied.  Under current law the offense of deadly conduct involving the discharge of a firearm is punished as a third degree felony if the offender discharges a firearm in the direction of a habitation, building, or vehicle and is reckless as to whether that habitation, building, or vehicle is occupied.  The bill also amends the Family Code to add deadly conduct involving the discharge of a firearm to the list of offenses for which a prosecutor may refer to the grand jury a juvenile petition alleging delinquent conduct that constitutes habitual felony conduct. 

A third degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000. A second degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000. 

The bill's provisions increase the punishment for the offense of deadly conduct under certain circumstances.  This change is expected to increase demands on state correctional resources by increasing the length of stay for offenders eligible for confinement in state correctional facilities.  

Data do not exist that would enable the identification of those cases in which persons were sent to prison for deadly conduct in which the offender knowingly discharged a firearm in the direction of a habitation, building, or vehicle with knowledge that the habitation, building, or vehicle was occupied. However, in fiscal year 2012, there were 745 arrests, 200 community supervision placements, and 194 admissions to prison for the felony offense of deadly conduct involving the use of a firearm. Of those 194 admissions, a total of 14 or 7% were sentenced to ten years or more in prison.  Without a variable to distinguish between those cases where a person was reckless as to whether a habitation, building, or vehicle was occupied and those cases where a person had knowledge that a habitation, building, or vehicle was occupied, it is assumed that only those who received a sentence of ten years would likely be subject to the enhancement provisions of this bill and would not significantly impact state correctional agency resources.