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 offense of driving while intoxicated. Under the provisions of the bill, the definition of driving while intoxicated with a child passenger would be expanded to include operating a watercraft and an additional offense is created for driving while intoxicated while operating a watercraft with a passenger younger than 15 years of age. This offense would be punishable as a state jail felony. Under existing statute, boating while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours.
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. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.
Creating an offense for which a criminal penalty is applied 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. In fiscal years 2018 through 2020, 185 people were arrested and 48 individuals were placed onto community supervision supervision under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.