The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to increase the punishment for driving, flying, boating, or operating an amusement ride while intoxicated under certain circumstances. Under existing statute these offenses are punishable as a Class A or B misdemeanor, depending upon the circumstances, if they cause no injury and as a third degree felony if they cause serious bodily injury. Under the provisions of the bill, these offenses would be punishable as a state jail felony if they cause bodily injury.
 
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 and 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 an optional fine not to exceed $4,000. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and an optional fine not to exceed $2,000.

Increasing the punishment for these criminal offenses 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 impact on state correctional populations cannot be determined due to the lack of data or information related to the number of individuals who caused bodily injury in commission of the offenses subject to the bill's provisions. In fiscal year 2018, 80,635 people were arrested and 28,254 were placed under misdemeanor community supervision for the intoxication offenses addressed by the bill and could be subject to an increase in punishment under the provisions of the bill.