The bill would amend the Penal Code as it relates to the prosecution and punishment of intoxication assault offenses. Under the provisions of the bill, the punishment for certain intoxication assault offenses that cause bodily injury would be a state jail felony. The bill would take effect on September 1, 2013, and only applies to offenses committed on or after that date.
 
In fiscal year 2012, there were 1,386 arrests for both an affected intoxication offense and an offense causing bodily injury other than serious bodily injury. Of these arrests, 1,088 were misdemeanor offenses and would be elevated to a state jail felony under the bill’s provisions. It is assumed that a similar proportion of these arrests would result in sentences to the Texas Department of Criminal Justice (TDCJ) as are arrests for similar intoxication offenses that cause serious bodily injury. In fiscal year 2012, there were 1,993 arrests for intoxication offenses causing serious bodily injury, and 1,798 of these arrests were for felony offenses. In fiscal year 2012, there were 223 TDCJ incarcerations (or 12.4 percent of felony arrests) for intoxication offenses causing serious bodily injury. It is assumed that 12.4 percent of the 1,088 felony arrests for an intoxication offense and bodily injury offense would result in TDCJ state jail incarcerations (or 135 incarcerations). This analysis assumes a similar number of individuals will be incarcerated for this offense over the next five fiscal years. Among offenders released from state jail in fiscal year 2012, the length of incarceration was 190 days (or 6.3 months). It is assumed that incarcerated offenders affected by the bill would have similar terms of supervision and incarceration.