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 penalty for assault of a pregnant victim. Under the provisions of the bill, intentionally, knowingly, or recklessly causing bodily injury to someone the actor knows is pregnant at the time of the offense would be punished as a third degree felony. The offense subject to enhancement is currently punished by a Class A misdemeanor.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in a county jail for a term not to exceed 1 year, and, in addition to confinement, an optional fine not to exceed $4,000.

Enhancing the penalty for any offense is expected to result in increased demands on the correctional resources of the counties or of the State due to longer terms of supervision in the community or longer terms of confinement within state correctional institutions. The bill may have a negative population impact by increasing the number of people under felony community supervision or  incarcerated within state correctional institutions. Whether the bill would result in a significant impact on correctional populations is indeterminate due to a lack of statewide data containing the level of detail necessary to isolate those individuals arrested or placed under community supervision for causing bodily injury to an individual under the circumstances in which this offense would be enhanced. In fiscal year 2018, 55,327 individuals were arrested, 8,036 were placed were placed under misdemeanor community supervision for assault punishable by a Class A misdemeanor under existing statute.