Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1327 by Metcalf (Relating to enhancing the penalty for intoxication assault and intoxication manslaughter in certain circumstances.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the prosecution of the offenses of intoxication assault and intoxication manslaughter. Under the provisions of the bill, these offenses would be enhanced under certain circumstances of the offense or if the individual had certain previous intoxication-related convictions. These offenses are currently punishable as a third and second degree felony and would be enhanced to the next felony punishment level.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years, a second degree felony is punishable by confinement in prison for 2 to 20 years, and a third degree felony is punishable by confinement in prison 2 to 10 years. In addition, most felony offense are subject to an optional fine not to exceed $10,000.
Enhancing the punishment for certain intoxication offenses is expected to result in increased demands on the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement within state correctional institutions. In fiscal year 2016, 786 individuals were arrested, 177 were placed under felony community supervision, and 313 were admitted into state correctional institutions for the offenses of intoxication assault and intoxication manslaughter. After removing those individuals whose circumstances of the offense and previous intoxication offense conviction history did not meet the conditions necessary for penalty enhancement, this analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant increase in the demand for state correctional resources.