The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to expand the definition of intoxicated to include any detectable amount of certain controlled substances. Intoxication related offenses are punishable at the felony and misdemeanor levels with the punishment based on the specific circumstances of the offense.

Expanding the circumstances in which a criminal penalty is applied is expected is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on state correctional resources.  In fiscal year 2014, 11,733 people were arrested, 4,113 were placed under felony community supervision, and 5,451 were admitted to state correctional institutions for intoxication related offenses covered under existing statute. 

The probable impact of implementing the bill's provisions cannot be determined due to the unavailability of reliable data related to the proposed changes to the definition of intoxicated. The bill provisions would significantly expand the definition of intoxicated. This expansion could result in a significant impact on state correctional agencies, though the impact's extent cannot be determined.