The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as it relates to prohibiting abortion. Under the provisions of the bill, the applicability of certain criminal offenses to certain conduct as outlined in the bill is expanded. The penalty for criminal homicide ranges from a state jail felony to a capital felony with the punishment level based on the specific circumstances of the offense. Intoxication assault and intoxication manslaughter are punished at multiple felony levels with the punishment level based on the specific circumstances of the offense.

A capital felony is punishable by death, life in prison, or life without parole.  Life in prison or life in prison without parole are the only punishment options available for individuals who commit a capital felony when younger than 18. 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 a term from 2 to 20 years; a third degree felony is punishable by confinement in prison for a term from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A Misdemeanor punishment. In addition to confinement, most felonies may be subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.

Expanding the circumstances for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. The bill may have a negative population impact by increasing the number of people placed under felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant population impact is indeterminate due to lack of statewide data related to the number of people that exercised conduct as outlined in the bill and the number of times the mother of an unborn child was charged with intoxication assault or intoxication manslaughter as a result of injury or death to the unborn child.