Texas Senate Bill 768: Major Changes to Fentanyl Sentences and Parole Eligibility

The Texas Legislature has taken decisive action against the fentanyl crisis through Senate Bill 768, which took effect on September 21, 2021. This legislation introduced significant changes to how Texas handles fentanyl-related offenses, creating a new fentanyl drug category, stiff sentences, and delayed parole eligibility.

Creation of Penalty Group 1-B

Senate Bill 768 established a new category in the Texas Health and Safety Code called Penalty Group 1-B. This group specifically addresses fentanyl and related substances, marking them for enhanced prosecution and sentencing. Under Texas Health Code Section 481.1022, Penalty Group 1-B includes:

• Fentanyl
• Alpha-methylfentanyl
• All fentanyl derivatives

This separate classification reflects the legislature’s recognition of fentanyl’s particular dangers and their determination to address the growing crisis more effectively.

Fentanyl Sentences

The law implements a graduated sentencing structure based on the quantity of fentanyl or related substances involved. For manufacture or delivery offenses under Texas Health Code Section 481.1123:

4-200 Grams

• Minimum sentence: 10 years
• Maximum sentence: Life imprisonment
• Fine up to $100,000

200-400 Grams

• Minimum sentence: 15 years
• Maximum sentence: Life imprisonment
• Fine up to $150,000

Over 400 Grams

• Minimum sentence: 20 years
• Maximum sentence: Life imprisonment
• Fine up to $300,000

Parole Eligibility Delayed

Perhaps the most significant change affects parole eligibility. The legislature amended Code of Criminal Procedure section 42A.054(a), commonly known as the “3(g) offense list,” to include certain fentanyl offenses.

Key Parole Provisions

For convictions involving more than 4 grams of a Penalty Group 1-B substance:

1. Minimum Time Served

• Must serve at least 50% of the sentence before becoming eligible for parole
• No reduction for good behavior in calculating the 50%

2. Additional Restrictions

• No eligibility for early release programs
• More stringent parole review process
• Higher scrutiny of release plans

Example Scenarios

To illustrate these changes:

Scenario 1:

• Conviction for 5 grams of fentanyl
• 20-year sentence
• Must serve at least 10 years before parole eligibility

Scenario 2:

• Conviction for 250 grams of fentanyl
• 30-year sentence
• Must serve at least 15 years before parole eligibility

Impact on Texas Criminal Justice

These fentanyl sentences and parole eligibility changes represent a significant shift in Texas drug enforcement policy. The implications include:

1. Prosecution Impact

• Enhanced tools for prosecutors
• Stronger bargaining position in plea negotiations
• More serious consequences for fentanyl-related offenses

2. Defense Considerations

• Increased importance of quantity determination
• Critical nature of laboratory analysis
• Need for early intervention in cases

3. System-Wide Effects

• Longer average sentences
• Increased prison population
• Higher costs of incarceration

Recommendations for Legal Practitioners

When handling cases involving potential Penalty Group 1-B substances:

1. Early Case Assessment

• Verify exact substance through lab analysis
• Document precise quantity determinations
• Review chain of custody carefully

2. Client Communication

• Explain enhanced penalties clearly
• Discuss parole implications early
• Set realistic expectations about timing

3. Strategic Planning

• Consider disposition alternatives when available
• Plan for longer-term case management
• Prepare for extended parole preparation

Looking Forward

Senate Bill 768 marks a significant change in Texas drug enforcement policy, particularly regarding fentanyl and related substances. The creation of Penalty Group 1-B and its associated parole restrictions demonstrates the legislature’s commitment to addressing the fentanyl crisis through enhanced criminal penalties.

For defendants, attorneys, and families involved in these cases, understanding these changes is crucial for:

• Case planning
• Plea decisions
• Parole preparation
• Release timeline expectations

The full impact of these fentanyl sentences and parole eligibility limitations will become clearer as more cases move through the system under these new provisions. What is already clear is that Texas has significantly increased the stakes for fentanyl-related offenses, creating a new framework that will affect cases for years to come.

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This article is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice about your specific situation.