The provisions of the bill addressed by this analysis would amend the Penal Code as it relates to certain conduct constituting the criminal offense of aggravated assault. Under the provisions of the bill, the punishment for aggravated assault with a deadly weapon would be enhanced from a second degree to a first degree felony if the assault caused
traumatic brain or spine injury to another that results in a persistent vegetative state or irreversible
paralysis.
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 punishment for any offense is expected to result in additional demands on the correctional resources of the counties and of the State due to additional people being placed under supervision in the community or being admitted into state correctional institutions. From fiscal year 2018 to 2020, 34,840 people were arrested, 5,161 people were placed under felony community supervision, and 5,710 were admitted into state correctional institutions for the offense of aggravated assault with a deadly weapon 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 the demand for state correctional resources.