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 a presumption that applies to certain conduct involving certain controlled substances that endanger a child. Under the provisions of the bill, it would be presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if a person engaged in conduct related to a controlled substance listed in Penalty Group 1 as outlined in the bill. Endangering a child is currently punishable as a state jail felony.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. 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 on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. Whether the bill would have a significant impact on state correctional populations is indeterminate due to the lack of data that would allow those cases in which a person endangers a child due to conduct related to controlled substances in penalty group 1 from all other endangering a child cases. In fiscal year 2018, 2,055 people were arrested, 510 people were placed on felony direct community supervision, and 214 people were admitted to a state correctional institution for endangering a child under current statute.