More than one death makes it a first-degree felony.
The bill makes intoxication manslaughter a first-degree felony when the driver kills more than one person in the same criminal transaction. It touches people prosecuted for causing deaths while intoxicated, adding multi-victim cases to the existing first-degree enhancement for victims described in Subsection (b-1). Starting September 1, 2025, multi-death intoxication cases can carry the higher first-degree penalty instead of the base level.
Labels
Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 726 by Sen. Kolkhorst (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
relating to enhancing the criminal penalty for the offense of
intoxication manslaughter in certain circumstances.
WHAT IT DOES
More than one death makes it a first-degree felony.
The bill makes intoxication manslaughter a first-degree felony when the driver kills more than one person in the same criminal transaction. It touches people prosecuted for causing deaths while intoxicated, adding multi-victim cases to the existing first-degree enhancement for victims described in Subsection (b-1). Starting September 1, 2025, multi-death intoxication cases can carry the higher first-degree penalty instead of the base level.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
89R3573 CJD-F
By: Gerdes
H.B. No. 1789
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the criminal penalty for the offense of
intoxication manslaughter in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.09(b-2), Penal Code, is amended to
read as follows:
(b-2) An offense under Section 49.08 is a felony of the
first degree if it is shown on the trial of the offense that the
person caused the death of :
(1) a person described by Subsection (b-1) ; or
(2) more than one person during the same criminal
transaction .
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.