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 aggravated assault. Under the provisions of the bill, the list of behaviors which qualify enhancement of the offense from a second to a first degree felony is expanded to include offenses occurring on certain school premises and offenses occurring on specific vehicles in use to transport children to or from certain school-related premises.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.

Enhancing the penalty for any offense is expected to result in additional demands upon 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 on felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant impact on state correctional populations is indeterminate due to a lack of statewide data containing the level of detail necessary to identify the location at which an offense occurred or, if it occurred in transit, the origin or destination of the transportation vehicle used.  In fiscal year 2018, 3,619 individuals were arrested, 163 were placed under felony community supervision, and 256 were admitted into state correctional institutions for the types of aggravated assaults subject to the same penalty enhancement as those specified in the bill's provisions.