House Bill 2017 (“Grayson’s Law”): What Texans Should Know About Increased Penalties for Intoxication Manslaughter

On September 1, 2025, Texas enacted House Bill 2017, also known as “Grayson’s Law.” This legislation changes the sentencing structure for certain intoxication manslaughter cases. Specifically, it raises the mandatory minimum sentence from 2 years to 10 years if the offender is unlawfully present in the United States. This law has generated discussion around immigration, sentencing disparities, and victims’ rights. In this post, you’ll learn what HB 2017 does, how it impacts intoxication manslaughter cases, and what it means for defendants and victims in Harris County, Galveston County, and across Texas.

What Does House Bill 2017 Do?

A. The Offense of Intoxication Manslaughter

Under Tex. Penal Code § 49.08, intoxication manslaughter occurs when a person operates a motor vehicle in a public place while intoxicated and, by reason of that intoxication, causes the death of another. Prior to HB 2017, this offense carried a penalty range of 2 to 20 years in prison and up to a $10,000 fine.

B. The Change Under Grayson’s Law

House Bill 2017 significantly alters that penalty when the defendant is unlawfully present in the U.S. Instead of starting at 2 years, the minimum sentence jumps to 10 years. The maximum remains 20 years. In short, the legislature decided that unlawful presence aggravates the offense in a way that justifies a harsher minimum punishment.

Why Did the Legislature Pass This Law?

The law is named after Grayson, a child killed in a crash involving an intoxicated driver who was unlawfully in the country. Lawmakers argued that raising penalties for offenders in this category increases accountability and reflects the severity of harm caused. Critics, however, warn that the law creates sentencing disparities based not solely on conduct but on immigration status.

How Does This Impact Defendants?

• Higher Mandatory Minimums: A person convicted under HB 2017 will now serve at least 10 years if unlawfully present in the U.S. Plea negotiations will be affected because judges no longer have the discretion to impose a lighter sentence below 10 years.
• Federal Immigration Consequences: Beyond the state sentence, defendants may also face federal immigration proceedings, including deportation.
• No Probation Eligibility: While probation is possible for some intoxication manslaughter cases, HB 2017 makes probation far less likely in these enhanced cases because of the mandatory 10-year minimum.

How Does This Affect Victims and Families?

Supporters believe the law strengthens justice for victims by ensuring more substantial prison terms. Families of victims may feel greater closure knowing offenders will serve longer sentences. Courts will also consider victim impact statements during sentencing, but under HB 2017, the judge cannot go below the 10-year floor if the defendant is unlawfully present.

Critical Legal Questions

• Does this law apply retroactively? No. Like most criminal statutes, HB 2017 applies only to offenses committed on or after September 1, 2025. Retroactive punishment would violate the Ex Post Facto Clause of the U.S. Constitution.
• What if immigration status is disputed? Immigration status must be proven before the enhanced penalty applies. Defense attorneys may challenge whether the State has sufficient evidence to show unlawful presence.
• Can the defendant still appeal? Yes. Appeals are possible on grounds such as evidentiary sufficiency, constitutional issues, or sentencing errors.

Real-World Implications

• For Defendants: A conviction now carries life-changing consequences if the individual is unlawfully in the U.S. Sentencing will start at a decade behind bars.
• For Prosecutors: HB 2017 gives prosecutors leverage in plea negotiations and raises evidentiary burdens for proving unlawful presence.
• For Victims’ Families: The law intends to provide a stronger sense of justice by mandating longer prison terms for offenders.

Conclusion

Grayson’s Law represents Texas’s growing trend of imposing harsher penalties in intoxication manslaughter cases. By tying sentencing minimums to immigration status, HB 2017 creates significant new risks for defendants while promising tougher justice for victims’ families. If you or a loved one faces an intoxication manslaughter charge, the stakes could not be higher under this law. You need an experienced lawyer near you who understands both criminal defense and the constitutional challenges these cases may raise.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule your consultation.

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