Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Impact
The bill amends several sections of the Penal Code and the Code of Criminal Procedure, thereby redefining eligibility for community supervision, mandatory supervision, and parole for offenders convicted of intoxication manslaughter. The legislation means that defendants in such cases will face stricter confinement requirements, with judges required to impose significant jail time as a condition of community supervision. Moreover, inmates serving sentences under this updated law will not be eligible for parole until they have served at least five years, reinforcing a tough stance on intoxication-related offenses.
Summary
House Bill 764, also titled Lauren and CJ's Law, proposes significant changes to the handling of intoxication manslaughter offenses in Texas. It aims to increase the minimum terms of imprisonment for individuals convicted of such offenses from the previous standards set forth in state law. Specifically, the bill sets a mandatory minimum imprisonment term of five years for those found guilty of intoxication manslaughter. This is a substantial increase, reinforcing the seriousness of this crime and its consequences for public safety.
Contention
Support for HB 764 is strong among advocates for stricter DUI laws and families affected by intoxication manslaughter, who believe the bill reflects the tragic consequences of reckless driving under the influence. However, critics may argue that increasing penalties could disproportionately impact marginalized communities and raise questions about the effectiveness of punitive measures in addressing underlying issues related to substance abuse. The bill's implementation may spark discussions about rehabilitation versus punishment within the criminal justice system, as stakeholders analyze the balance between public safety and fair treatment for offenders.
Texas Constitutional Statutes Affected
Penal Code
Chapter 49. Intoxication And Alcoholic Beverage Offenses
Duplicate
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole of certain persons convicted of sexual assault and aggravated sexual assault.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.