Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB720 by Price (Relating to enhancing the penalty for intoxication manslaughter and intoxication assault in certain circumstances.), As Introduced
The bill would amend the Penal Code as it relates to the penalty for intoxication manslaughter and intoxication assault in certain circumstances. Under the provisions of the bill, the offense of operating a vehicle while intoxicated causing death or serious bodily injury is increased to the next higher offense penalty if the defendant did not stop, render aid, and remain on the scene until the first responders arrive. Under current law, this offense is either a third-degree or second-degree felony.
A first-degree felony is punishable by confinement in prison for life or a term from 5 to 99 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 from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A third-degree felony 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.
The bill increases the penalty for intoxication manslaughter and intoxication assault in certain circumstances. Increasing the penalty for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. In fiscal year 2012, less than ten offenders were incarcerated in state correctional facilities for failing to stop and render aid on the same day that they operated a vehicle while intoxicated causing death or serious bodily injury.