Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.
Summary
SB 745 amends the Texas Penal Code to increase the punishment for intoxication manslaughter in specified circumstances. Under current law, intoxication manslaughter is elevated to a first-degree felony when the defendant causes the death of certain protected victims or when the defendant causes the deaths of more than one person during the same criminal transaction. The bill keeps that framework and is aimed at strengthening the criminal penalty for those aggravated cases.
The bill applies only to offenses committed on or after September 1, 2025. Offenses committed before that date remain subject to the prior law, and the former statute continues to govern those cases. In practical terms, the measure affects criminal prosecutions under Section 49.08 of the Penal Code and the sentencing exposure for defendants convicted of intoxication manslaughter involving multiple deaths or protected victims.
Impact
SB 745 directly amends Section 49.09(b-2) of the Texas Penal Code, preserving and reinforcing first-degree felony treatment for aggravated intoxication manslaughter cases. The bill does not create a new offense, but it clarifies and maintains enhanced punishment in cases involving the death of certain vulnerable or protected persons and cases involving multiple fatalities in a single criminal transaction. Its effect is to increase sentencing severity and prosecutorial leverage in these cases, while leaving pre-existing offenses governed by prior law.
Sentiment
The bill appears to have broad legislative support and little visible opposition. It passed the Senate 28-2 and the House 136-9, with the House also suspending the three-day rule to advance the measure quickly. The vote margins suggest a generally punitive and public-safety-oriented consensus around strengthening penalties for intoxication manslaughter, especially in cases involving multiple deaths or particularly vulnerable victims.
Contention
The main point of contention is the policy choice to increase criminal penalties rather than rely on existing sentencing ranges. Although no committee transcript is available, the recorded votes show a small minority opposed in both chambers, indicating some disagreement over whether harsher punishment is the appropriate response. Likely concerns include proportionality of sentencing, the scope of first-degree felony treatment, and whether enhanced penalties meaningfully deter intoxicated driving-related deaths.
Relating to increasing the criminal penalty and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.
Relating to the punishment for intoxication assault and intoxication manslaughter; changing eligibility for mandatory supervision, parole, and community supervision; increasing criminal penalties.