Texas 2009 - 81st Regular

Texas House Bill HB1147 Compare Versions

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1	1	81R3314 GCB-F
2	2	By: Frost H.B. No. 1147
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to conduct constituting the offense of dog fighting and to
8	8	the criminal and civil consequences of committing that offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 42.10(a), (b), and (e), Penal Code, are
11	11	amended to read as follows:
12	12	(a) A person commits an offense if the person [he]
13	13	intentionally or knowingly:
14	14	(1) causes a dog to fight with another dog;
15	15	(2) participates in the earnings of or operates a
16	16	facility used for dog fighting;
17	17	(3) uses or permits another to use any real estate,
18	18	building, room, tent, arena, or other property for dog fighting;
19	19	(4) owns or possesses dog-fighting equipment with the
20	20	intent that the equipment be used to train a dog for dog fighting or
21	21	in furtherance of dog fighting;
22	22	(5) owns or trains a dog with the intent that the dog
23	23	be used in an exhibition of dog fighting; or
24	24	(6) [(5)] attends as a spectator an exhibition of dog
25	25	fighting.
26	26	(b) In this section:
27	27	(1) "Dog [, "dog] fighting" means any situation in
28	28	which one dog attacks or fights with another dog.
29	29	(2) "Dog-fighting equipment" has the meaning assigned
30	30	by Article 18.18(g), Code of Criminal Procedure.
31	31	(e) An offense under Subsection (a)(4), [or] (5), or (6) is
32	32	a Class A misdemeanor. An offense under Subsection (a)(1), (2), or
33	33	(3) is a state jail felony.
34	34	SECTION 2. Section 71.02(a), Penal Code, is amended to read
35	35	as follows:
36	36	(a) A person commits an offense if, with the intent to
37	37	establish, maintain, or participate in a combination or in the
38	38	profits of a combination or as a member of a criminal street gang,
39	39	he commits or conspires to commit one or more of the following:
40	40	(1) murder, capital murder, arson, aggravated
41	41	robbery, robbery, burglary, theft, aggravated kidnapping,
42	42	kidnapping, aggravated assault, aggravated sexual assault, sexual
43	43	assault, forgery, deadly conduct, assault punishable as a Class A
44	44	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
45	45	motor vehicle;
46	46	(2) any gambling offense punishable as a Class A
47	47	misdemeanor;
48	48	(3) promotion of prostitution, aggravated promotion
49	49	of prostitution, or compelling prostitution;
50	50	(4) unlawful manufacture, transportation, repair, or
51	51	sale of firearms or prohibited weapons;
52	52	(5) unlawful manufacture, delivery, dispensation, or
53	53	distribution of a controlled substance or dangerous drug, or
54	54	unlawful possession of a controlled substance or dangerous drug
55	55	through forgery, fraud, misrepresentation, or deception;
56	56	(6) any unlawful wholesale promotion or possession of
57	57	any obscene material or obscene device with the intent to wholesale
58	58	promote the same;
59	59	(7) any offense under Subchapter B, Chapter 43,
60	60	depicting or involving conduct by or directed toward a child
61	61	younger than 18 years of age;
62	62	(8) any felony offense under Chapter 32;
63	63	(9) any offense under Chapter 36;
64	64	(10) any offense under Chapter 34 or 35;
65	65	(11) any offense under Section 37.11(a);
66	66	(12) any offense under Chapter 20A; [or]
67	67	(13) any offense under Section 37.10; or
68	68	(14) any offense under Section 42.10.
69	69	SECTION 3. Article 59.01(2), Code of Criminal Procedure, as
70	70	amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
71	71	2278), Acts of the 80th Legislature, Regular Session, 2007, is
72	72	reenacted and amended to read as follows:
73	73	(2) "Contraband" means property of any nature,
74	74	including real, personal, tangible, or intangible, that is:
75	75	(A) used in the commission of:
76	76	(i) any first or second degree felony under
77	77	the Penal Code;
78	78	(ii) any felony under Section 15.031(b),
79	79	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
80	80	31, 32, 33, 33A, or 35, Penal Code;
81	81	(iii) any felony under The Securities Act
82	82	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
83	83	(iv) any offense under Chapter 49, Penal
84	84	Code, that is punishable as a felony of the third degree or state
85	85	jail felony, if the defendant has been previously convicted three
86	86	times of an offense under that chapter;
87	87	(B) used or intended to be used in the commission
88	88	of:
89	89	(i) any felony under Chapter 481, Health
90	90	and Safety Code (Texas Controlled Substances Act);
91	91	(ii) any felony under Chapter 483, Health
92	92	and Safety Code;
93	93	(iii) a felony under Chapter 153, Finance
94	94	Code;
95	95	(iv) any felony under Chapter 34, Penal
96	96	Code;
97	97	(v) a Class A misdemeanor under Subchapter
98	98	B, Chapter 365, Health and Safety Code, if the defendant has been
99	99	previously convicted twice of an offense under that subchapter;
100	100	(vi) any felony under Chapter 152, Finance
101	101	Code;
102	102	(vii) any felony under Chapter 32, Human
103	103	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
104	104	involves the state Medicaid program;
105	105	(viii) a Class B misdemeanor under Chapter
106	106	522, Business & Commerce Code; [or]
107	107	(ix) a Class A misdemeanor under Section
108	108	35.153, Business & Commerce Code; or
109	109	(x) any offense under Section 42.10, Penal
110	110	Code;
111	111	(C) the proceeds gained from the commission of a
112	112	felony listed in Paragraph (A) or (B) of this subdivision, a
113	113	misdemeanor listed in Paragraph (B)(viii) or (x) of this
114	114	subdivision, or a crime of violence;
115	115	(D) acquired with proceeds gained from the
116	116	commission of a felony listed in Paragraph (A) or (B) of this
117	117	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
118	118	this subdivision, or a crime of violence; or
119	119	(E) used to facilitate or intended to be used to
120	120	facilitate the commission of a felony under Section 15.031 or
121	121	43.25, Penal Code.
122	122	SECTION 4. Chapter 59, Code of Criminal Procedure, is
123	123	amended by adding Article 59.011 to read as follows:
124	124	Art. 59.011. If property described by Article
125	125	59.01(2)(B)(x) is subject to forfeiture under this chapter and
126	126	Article 18.18, the attorney representing the state may proceed
127	127	under either provision.
128	128	SECTION 5. The changes in law made by this Act apply only to
129	129	an offense committed on or after the effective date of this Act or
130	130	to the forfeiture of property used in the commission of that
131	131	offense. An offense committed before the effective date of this
132	132	Act, or the forfeiture of property used in the commission of that
133	133	offense, is governed by the law in effect when the offense was
134	134	committed, and the former law is continued in effect for that
135	135	purpose. For purposes of this section, an offense was committed
136	136	before the effective date of this Act if any element of the offense
137	137	occurred before that date.
138	138	SECTION 6. This Act takes effect September 1, 2009.