Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2017 by Gerdes (Relating to increasing the criminal penalty and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.), As Engrossed
The bill would increase the penalty for intoxication manslaughter to a first degree felony for persons who have been previously convicted of an offense related to operating a vehicle or other machinery while intoxicated, and at the time of the offense, were in violation of the chapter of the Penal Code related to illegal entry into this state. The bill would also remove community supervision as a sentence option for these offenders and establish certain eligibility rules for parole.
Increasing the penalty for an existing offense and removing supervision options 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 241 arrests, 1 referral, 35 placements onto community supervision, 138 individuals admitted to an adult correctional facility, and no juveniles admitted to a juvenile state correctional facility for the offense of intoxication manslaughter. It is unknown whether any of these offenses were committed by actors also found to have committed the offense of illegal entry into this state.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.