BILL ANALYSIS Senate Research Center S.B. 745 89R3573 CJD-F By: Kolkhorst Criminal Justice 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, the criminal offense of intoxication manslaughter is classified as a felony of the second degree, punishable by a fine of up to $10,000 and two to 20 years imprisonment in the Texas Department of Criminal Justice. Outside of an agreement with the state, if a defendant is charged with multiple counts of intoxication manslaughter and pleads guilty, the sentencing is limited to the maximum offense for a single count of intoxication manslaughter. If a defendant pleads not guilty and the case advances to trial, even if the jury finds the defendant guilty and recommends the maximum sentence in each case, the judge has the sole discretion to stack sentences. There have been cases in which multiple individuals have been killed by a drunk driver who received a maximum sentence of one count of intoxication manslaughter. In these cases, victims' families have advocated for a change in the current sentencing structure for those charged with multiple counts of intoxication manslaughter. S.B. 745 provides an additional sentencing option for prosecutors by creating a new first degree felony offense for intoxication manslaughter for defendants who cause the death of more than one individual. As proposed, S.B. 745 amends current law relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 49.09(b-2), Penal Code, as follows: (b-2) Provides that an offense under Section 49.08 (Intoxication Manslaughter) is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of more than one person during the same criminal transaction. Makes nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 745
89R3573 CJD-F By: Kolkhorst
Criminal Justice
3/28/2025
As Filed
Senate Research Center
S.B. 745
89R3573 CJD-F
By: Kolkhorst
Criminal Justice
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, the criminal offense of intoxication manslaughter is classified as a felony of the second degree, punishable by a fine of up to $10,000 and two to 20 years imprisonment in the Texas Department of Criminal Justice. Outside of an agreement with the state, if a defendant is charged with multiple counts of intoxication manslaughter and pleads guilty, the sentencing is limited to the maximum offense for a single count of intoxication manslaughter. If a defendant pleads not guilty and the case advances to trial, even if the jury finds the defendant guilty and recommends the maximum sentence in each case, the judge has the sole discretion to stack sentences. There have been cases in which multiple individuals have been killed by a drunk driver who received a maximum sentence of one count of intoxication manslaughter. In these cases, victims' families have advocated for a change in the current sentencing structure for those charged with multiple counts of intoxication manslaughter. S.B. 745 provides an additional sentencing option for prosecutors by creating a new first degree felony offense for intoxication manslaughter for defendants who cause the death of more than one individual.
Currently, the criminal offense of intoxication manslaughter is classified as a felony of the second degree, punishable by a fine of up to $10,000 and two to 20 years imprisonment in the Texas Department of Criminal Justice.
Outside of an agreement with the state, if a defendant is charged with multiple counts of intoxication manslaughter and pleads guilty, the sentencing is limited to the maximum offense for a single count of intoxication manslaughter. If a defendant pleads not guilty and the case advances to trial, even if the jury finds the defendant guilty and recommends the maximum sentence in each case, the judge has the sole discretion to stack sentences.
There have been cases in which multiple individuals have been killed by a drunk driver who received a maximum sentence of one count of intoxication manslaughter. In these cases, victims' families have advocated for a change in the current sentencing structure for those charged with multiple counts of intoxication manslaughter. S.B. 745 provides an additional sentencing option for prosecutors by creating a new first degree felony offense for intoxication manslaughter for defendants who cause the death of more than one individual.
As proposed, S.B. 745 amends current law relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 49.09(b-2), Penal Code, as follows:
(b-2) Provides that an offense under Section 49.08 (Intoxication Manslaughter) is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of more than one person during the same criminal transaction. Makes nonsubstantive changes.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.