Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1789 by Gerdes (Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.), As Introduced
The bill would enhance the penalty from a second-degree to a first-degree felony for intoxication manslaughter, if it is shown at trial that the actor caused the death of more than one person during the offense.
Increasing the penalty for an existing offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined and in the length of stay for individuals sentenced to a term of confinement.
In fiscal year 2024, there were 242 arrests, 1 referral, 35 placements onto adult community supervision, 142 individuals admitted to an adult state correctional facility, and no individuals admitted to a juvenile state correctional facility for the offense of intoxication manslaughter. It is unknown how many of these offenses involved the death of more than one person that would be eligible for an increased penalty under the bill's provisions.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.