BILL ANALYSIS

Senate Research Center	H.B. 2017
	By: Gerdes et al. (Hagenbuch)
	Criminal Justice
	5/22/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In Fall of 2024, Grayson Davis was hit and killed by a drunk driver in Bastrop County. Grayson was 28 years old, and the man driving the vehicle was not a citizen of this country. In addition to these facts, the perpetrator who took Grayson's life had already been charged with a prior DUI.

The punishment for intoxication manslaughter is currently in statute as a second degree felony currently carries a possible sentence of two to 20 years.

While those in this country legally have respect for our justice system, it has been shown time and time again that those here illegally do not share the same respect. After all, just being in this country illegally is a crime, why should they stop there.

To ensure that criminals who are already in this country illegally and further commission the crime of intoxication manslaughter do not see the light of day until they have served enough of a term to rehabilitate and understand the laws of the country they are in.

By establishing a 10-year minimum for the commission of intoxication manslaughter by illegal aliens, it guarantees the term served is long enough to allow for the justice system to serve its purpose

H.B. 2017 amends current law relating to increasing the criminal penalty and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.

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. Authorizes this Act to be cited as Grayson's Law.

SECTION 2. 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:

(1) creates this subdivision from existing text and makes a nonsubstantive change; or

(2) has previously been convicted of an offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated, and at the time of the commission of the instant offense was in violation of Chapter 51 (Illegal Entry Into This State).

SECTION 3. Amends Article 42A.059, Code of Criminal Procedure, as follows:

Art. 42A.059. PLACEMENT ON COMMUNITY SUPERVISION PROHIBITED FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS STATE. Provides that, notwithstanding any other provision of Chapter 42A (Community Supervision), a defendant is not eligible for community supervision, including deferred adjudication community supervision, under this chapter if the defendant is charged with or convicted of an offense under Chapter 51, Penal Code or Section 49.08, Penal Code, if the offense is punishable under Section 49.09(b-2)(2), Penal Code. Makes nonsubstantive changes.

SECTION 4. Amends Section 508.145, Government Code, by adding Subsection (e-1) to provide that an inmate serving a sentence for an offense punishable under Section 49.09(b-2)(2), Penal Code, is not eligible for release on parole until the actual calendar time served, without consideration of good conduct time, equals 10 years.

SECTION 5. Amends Section 508.147, Government Code, by amending Subsection (a) and adding Subsection (a-1), as follows:

(a) Creates an exception under Subsection (a-1).

(a-1) Prohibits an inmate serving a sentence for an offense punishable under Section 49.09(b-2)(2), Penal Code, from being released unless the inmate meets certain criteria.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Effective date: September 1, 2025.