The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the criminal offense of intoxication manslaughter. Under the provisions of the bill, the minimum term of confinement would be increased to five years in certain cases and eligibility for consideration for release to parole or mandatory supervision would be after at least five years of actual time served without credit for good conduct. If a judge places a person on community supervision, in certain circumstances, the minimum term of confinement would be two years. Under current statute, intoxication manslaughter with a vehicle is punishable as a second degree felony.
A second-degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, can be subject to an optional fine not to exceed $10,000.
Increasing the minimum term of confinement is expected to result in additional demands upon the correctional resources of the State due to an increase in the length of stay for individuals sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 149 people were arrested, 19 were placed onto felony direct community supervision, and 105 were admitted into a state correctional institution for the second degree felony offense of intoxication manslaughter 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.