Texas 2009 - 81st Regular

Texas Senate Bill SB554 Compare Versions

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Old	New	Differences
1	1	S.B. No. 554
2	2
3	3
4	4	AN ACT
5	5	relating to conduct constituting the offense of dog fighting and to
6	6	the criminal and civil consequences of committing that offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsections (a), (b), and (e), Section 42.10,
9	9	Penal Code, are amended to read as follows:
10	10	(a) A person commits an offense if the person [he]
11	11	intentionally or knowingly:
12	12	(1) causes a dog to fight with another dog;
13	13	(2) participates in the earnings of or operates a
14	14	facility used for dog fighting;
15	15	(3) uses or permits another to use any real estate,
16	16	building, room, tent, arena, or other property for dog fighting;
17	17	(4) owns or possesses dog-fighting equipment with the
18	18	intent that the equipment be used to train a dog for dog fighting or
19	19	in furtherance of dog fighting;
20	20	(5) owns or trains a dog with the intent that the dog
21	21	be used in an exhibition of dog fighting; or
22	22	(6) [(5)] attends as a spectator an exhibition of dog
23	23	fighting.
24	24	(b) In this section:
25	25	(1) "Dog[, "dog] fighting" means any situation in
26	26	which one dog attacks or fights with another dog.
27	27	(2) "Dog-fighting equipment" has the meaning assigned
28	28	by Article 18.18(g), Code of Criminal Procedure.
29	29	(e) An offense under Subsection (a)(4), [or] (5), or (6) is
30	30	a Class A misdemeanor. An offense under Subsection (a)(1), (2), or
31	31	(3) is a state jail felony.
32	32	SECTION 2. Subsection (a), Section 71.02, Penal Code, is
33	33	amended to read as follows:
34	34	(a) A person commits an offense if, with the intent to
35	35	establish, maintain, or participate in a combination or in the
36	36	profits of a combination or as a member of a criminal street gang,
37	37	he commits or conspires to commit one or more of the following:
38	38	(1) murder, capital murder, arson, aggravated
39	39	robbery, robbery, burglary, theft, aggravated kidnapping,
40	40	kidnapping, aggravated assault, aggravated sexual assault, sexual
41	41	assault, forgery, deadly conduct, assault punishable as a Class A
42	42	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
43	43	motor vehicle;
44	44	(2) any gambling offense punishable as a Class A
45	45	misdemeanor;
46	46	(3) promotion of prostitution, aggravated promotion
47	47	of prostitution, or compelling prostitution;
48	48	(4) unlawful manufacture, transportation, repair, or
49	49	sale of firearms or prohibited weapons;
50	50	(5) unlawful manufacture, delivery, dispensation, or
51	51	distribution of a controlled substance or dangerous drug, or
52	52	unlawful possession of a controlled substance or dangerous drug
53	53	through forgery, fraud, misrepresentation, or deception;
54	54	(6) any unlawful wholesale promotion or possession of
55	55	any obscene material or obscene device with the intent to wholesale
56	56	promote the same;
57	57	(7) any offense under Subchapter B, Chapter 43,
58	58	depicting or involving conduct by or directed toward a child
59	59	younger than 18 years of age;
60	60	(8) any felony offense under Chapter 32;
61	61	(9) any offense under Chapter 36;
62	62	(10) any offense under Chapter 34 or 35;
63	63	(11) any offense under Section 37.11(a);
64	64	(12) any offense under Chapter 20A; [or]
65	65	(13) any offense under Section 37.10; or
66	66	(14) any offense under Section 42.10.
67	67	SECTION 3. Subdivision (2), Article 59.01, Code of Criminal
68	68	Procedure, as amended by Chapters 127 (S.B. 1694), 822 (H.B. 73),
69	69	and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,
70	70	2007, is reenacted and amended to read as follows:
71	71	(2) "Contraband" means property of any nature,
72	72	including real, personal, tangible, or intangible, that is:
73	73	(A) used in the commission of:
74	74	(i) any first or second degree felony under
75	75	the Penal Code;
76	76	(ii) any felony under Section 15.031(b),
77	77	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
78	78	31, 32, 33, 33A, or 35, Penal Code;
79	79	(iii) any felony under The Securities Act
80	80	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
81	81	(iv) any offense under Chapter 49, Penal
82	82	Code, that is punishable as a felony of the third degree or state
83	83	jail felony, if the defendant has been previously convicted three
84	84	times of an offense under that chapter;
85	85	(B) used or intended to be used in the commission
86	86	of:
87	87	(i) any felony under Chapter 481, Health
88	88	and Safety Code (Texas Controlled Substances Act);
89	89	(ii) any felony under Chapter 483, Health
90	90	and Safety Code;
91	91	(iii) a felony under Chapter 153, Finance
92	92	Code;
93	93	(iv) any felony under Chapter 34, Penal
94	94	Code;
95	95	(v) a Class A misdemeanor under Subchapter
96	96	B, Chapter 365, Health and Safety Code, if the defendant has been
97	97	previously convicted twice of an offense under that subchapter;
98	98	(vi) any felony under Chapter 152, Finance
99	99	Code;
100	100	(vii) any felony under Chapter 32, Human
101	101	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
102	102	involves the state Medicaid program;
103	103	(viii) a Class B misdemeanor under Chapter
104	104	522, Business & Commerce Code; [or]
105	105	(ix) a Class A misdemeanor under Section
106	106	35.153, Business & Commerce Code; or
107	107	(x) any offense under Section 42.10, Penal
108	108	Code;
109	109	(C) the proceeds gained from the commission of a
110	110	felony listed in Paragraph (A) or (B) of this subdivision, a
111	111	misdemeanor listed in Paragraph (B)(viii) or (x) of this
112	112	subdivision, or a crime of violence;
113	113	(D) acquired with proceeds gained from the
114	114	commission of a felony listed in Paragraph (A) or (B) of this
115	115	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
116	116	this subdivision, or a crime of violence; or
117	117	(E) used to facilitate or intended to be used to
118	118	facilitate the commission of a felony under Section 15.031 or
119	119	43.25, Penal Code.
120	120	SECTION 4. Chapter 59, Code of Criminal Procedure, is
121	121	amended by adding Article 59.011 to read as follows:
122	122	Art. 59.011. If property described by Article
123	123	59.01(2)(B)(x) is subject to forfeiture under this chapter and
124	124	Article 18.18, the attorney representing the state may proceed
125	125	under either provision.
126	126	SECTION 5. The changes in law made by this Act apply only to
127	127	an offense committed on or after the effective date of this Act or
128	128	to the forfeiture of property used in the commission of that
129	129	offense. An offense committed before the effective date of this
130	130	Act, or the forfeiture of property used in the commission of that
131	131	offense, is governed by the law in effect when the offense was
132	132	committed, and the former law is continued in effect for that
133	133	purpose. For purposes of this section, an offense was committed
134	134	before the effective date of this Act if any element of the offense
135	135	occurred before that date.
136	136	SECTION 6. This Act takes effect September 1, 2009.
137	137	______________________________ ______________________________
138	138	President of the Senate Speaker of the House
139	139	I hereby certify that S.B. No. 554 passed the Senate on
140	140	April 2, 2009, by the following vote: Yeas 31, Nays 0.
141	141	______________________________
142	142	Secretary of the Senate
143	143	I hereby certify that S.B. No. 554 passed the House on
144	144	May 20, 2009, by the following vote: Yeas 135, Nays 0, one
145	145	present not voting.
146	146	______________________________
147	147	Chief Clerk of the House
148	148	Approved:
149	149	______________________________
150	150	Date
151	151	______________________________
152	152	Governor