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 qualifications for an enhancement of the offense from a second to a first degree felony would be modified to allow for enhancement whether or not a certain type of relationship existed between the actor and the victim. 

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 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 state correctional populations is indeterminate due to a lack of statewide data containing the level of detail necessary to determine the number of times in which aggravated assault with a deadly weapon also resulted in serious bodily injury and would now be enhanced whether or not a certain type of relationship existed between the actor and the victim. In fiscal year 2018, 11,000 individuals were arrested, 1,760 were placed under felony community supervision, and 2,280 were admitted to correctional facilities for the type of aggravated assault with a deadly weapon which could be enhanced to a first degree felony if the assault resulted in serious bodily injury.