The bill would amend the Alcoholic Beverage Code to increase the punishment for providing an alcoholic beverage to a minor from a Class A misdemeanor to a state jail felony if the minor, as a result of the consumption of the alcoholic beverage, caused another person to suffer serious bodily injury or death.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to two years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill's provisions increase the penalty for providing an alcoholic beverage to a minor if as a result a person suffers serious bodily injury or dies.  This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.

In fiscal year 2012, there were 1,525 arrests and 598 community supervision placements for providing an alcoholic beverage to a minor.  In fiscal year 2012, there were 52 community supervision placements and 52 admissions to prison for intoxication manslaughter or intoxication assault in the adult criminal justice system for persons under the age of 21.  In fiscal year 2012, there were less than five dispositions of deferred adjudication or probation for intoxication manslaughter or intoxication assault in the juvenile justice system.  Data is not available to determine the number of minors involved in other offenses involving alcohol that may have resulted in the death or serious injury of a person.  While the data shows that a number of minors were involved in the death or serious injury of others for offenses involving alcohol, it is assumed that the number of persons given confinement for providing alcohol to minors would not be significant.