Texas 2017 - 85th Regular

Texas House Bill HB1087 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R2682 AJZ-F
2	2	By: Alvarado, Minjarez, Villalba, Moody H.B. No. 1087
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the offense of bestiality.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 21.07(a), Penal Code, is amended to read
10	10	as follows:
11	11	(a) A person commits an offense if the person [he] knowingly
12	12	engages in any of the following acts in a public place or, if not in
13	13	a public place, the person [he] is reckless about whether another is
14	14	present who will be offended or alarmed by the person's [his]:
15	15	(1) act of sexual intercourse;
16	16	(2) act of deviate sexual intercourse; or
17	17	(3) act of sexual contact[; or
18	18	[(4) act involving contact between the person's mouth
19	19	or genitals and the anus or genitals of an animal or fowl].
20	20	SECTION 2. Chapter 21, Penal Code, is amended by adding
21	21	Section 21.09 to read as follows:
22	22	Sec. 21.09. BESTIALITY. (a) A person commits an offense if
23	23	the person knowingly:
24	24	(1) engages in an act involving contact between:
25	25	(A) the person's mouth, anus, or genitals and the
26	26	anus or genitals of an animal; or
27	27	(B) the person's anus or genitals and the mouth
28	28	of the animal;
29	29	(2) fondles or touches the anus or genitals of an
30	30	animal, including touching through clothing;
31	31	(3) causes an animal to contact the seminal fluid of
32	32	the person;
33	33	(4) inserts any part of a person's body or any object
34	34	into the anus or genitals of an animal;
35	35	(5) possesses, sells, transfers, purchases, or
36	36	otherwise obtains an animal with the intent that the animal be used
37	37	for conduct described by Subdivision (1), (2), (3), or (4);
38	38	(6) organizes, promotes, conducts, or participates as
39	39	an observer of conduct described by Subdivision (1), (2), (3), or
40	40	(4);
41	41	(7) causes a person to engage or aids a person in
42	42	engaging in conduct described by Subdivision (1), (2), (3), or (4);
43	43	(8) permits conduct described by Subdivision (1), (2),
44	44	(3), or (4) to occur on any premises under the person's control;
45	45	(9) engages in conduct described by Subdivision (1),
46	46	(2), (3), or (4) in the presence of a child younger than 18 years of
47	47	age; or
48	48	(10) advertises, offers, or accepts the offer of an
49	49	animal with the intent that the animal be used in this state for
50	50	conduct described by Subdivision (1), (2), (3), or (4).
51	51	(b) An offense under this section is a state jail felony,
52	52	unless the offense is committed under Subsection (a)(9) or results
53	53	in serious bodily injury or death of the animal, in which event the
54	54	offense is a felony of the second degree.
55	55	(c) It is a defense to prosecution under this section that
56	56	the conduct engaged in by the actor is a generally accepted and
57	57	otherwise lawful animal husbandry or veterinary practice.
58	58	SECTION 3. Article 42A.511, Code of Criminal Procedure, is
59	59	amended to read as follows:
60	60	Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
61	61	INVOLVING ANIMALS. (a) If a judge grants community supervision to
62	62	a defendant convicted of an offense under Section 42.09, 42.091,
63	63	42.092, or 42.10, Penal Code, the judge may require the defendant to
64	64	attend a responsible pet owner course sponsored by a municipal
65	65	animal shelter, as defined by Section 823.001, Health and Safety
66	66	Code, that:
67	67	(1) receives federal, state, county, or municipal
68	68	funds; and
69	69	(2) serves the county in which the court is located.
70	70	(b) If a judge grants community supervision to a defendant
71	71	convicted of an offense under Section 21.09, Penal Code, the judge
72	72	may:
73	73	(1) require the defendant to relinquish custody of any
74	74	animals in the defendant's possession;
75	75	(2) prohibit the defendant from possessing or
76	76	exercising control over any animals or residing in a household
77	77	where animals are present; or
78	78	(3) require the defendant to participate in
79	79	psychological counseling or other appropriate treatment program
80	80	for a period to be determined by the court.
81	81	SECTION 4. Article 62.001(5), Code of Criminal Procedure,
82	82	is amended to read as follows:
83	83	(5) "Reportable conviction or adjudication" means a
84	84	conviction or adjudication, including an adjudication of
85	85	delinquent conduct or a deferred adjudication, that, regardless of
86	86	the pendency of an appeal, is a conviction for or an adjudication
87	87	for or based on:
88	88	(A) a violation of Section 21.02 (Continuous
89	89	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
90	90	(Indecency with a child), 22.011 (Sexual assault), 22.021
91	91	(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
92	92	Penal Code;
93	93	(B) a violation of Section 43.05 (Compelling
94	94	prostitution), 43.25 (Sexual performance by a child), or 43.26
95	95	(Possession or promotion of child pornography), Penal Code;
96	96	(B-1) a violation of Section 43.02
97	97	(Prostitution), Penal Code, if the offense is punishable under
98	98	Subsection (c)(3) of that section;
99	99	(C) a violation of Section 20.04(a)(4)
100	100	(Aggravated kidnapping), Penal Code, if the actor committed the
101	101	offense or engaged in the conduct with intent to violate or abuse
102	102	the victim sexually;
103	103	(D) a violation of Section 30.02 (Burglary),
104	104	Penal Code, if the offense or conduct is punishable under
105	105	Subsection (d) of that section and the actor committed the offense
106	106	or engaged in the conduct with intent to commit a felony listed in
107	107	Paragraph (A) or (C);
108	108	(E) a violation of Section 20.02 (Unlawful
109	109	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
110	110	Penal Code, if, as applicable:
111	111	(i) the judgment in the case contains an
112	112	affirmative finding under Article 42.015; or
113	113	(ii) the order in the hearing or the papers
114	114	in the case contain an affirmative finding that the victim or
115	115	intended victim was younger than 17 years of age;
116	116	(F) the second violation of Section 21.08
117	117	(Indecent exposure), Penal Code, but not if the second violation
118	118	results in a deferred adjudication;
119	119	(G) an attempt, conspiracy, or solicitation, as
120	120	defined by Chapter 15, Penal Code, to commit an offense or engage in
121	121	conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
122	122	(H) a violation of the laws of another state,
123	123	federal law, the laws of a foreign country, or the Uniform Code of
124	124	Military Justice for or based on the violation of an offense
125	125	containing elements that are substantially similar to the elements
126	126	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
127	127	(G), (J), or (K), but not if the violation results in a deferred
128	128	adjudication;
129	129	(I) the second violation of the laws of another
130	130	state, federal law, the laws of a foreign country, or the Uniform
131	131	Code of Military Justice for or based on the violation of an offense
132	132	containing elements that are substantially similar to the elements
133	133	of the offense of indecent exposure, but not if the second violation
134	134	results in a deferred adjudication;
135	135	(J) a violation of Section 33.021 (Online
136	136	solicitation of a minor), Penal Code; or
137	137	(K) a violation of Section 20A.02(a)(3), (4),
138	138	(7), or (8) (Trafficking of persons), Penal Code.
139	139	SECTION 5. Section 821.021(1), Health and Safety Code, is
140	140	amended to read as follows:
141	141	(1) "Cruelly treated" includes tortured, seriously
142	142	overworked, unreasonably abandoned, unreasonably deprived of
143	143	necessary food, care, or shelter, cruelly confined, [or] caused to
144	144	fight with another animal, or subjected to conduct prohibited by
145	145	Section 21.09, Penal Code.
146	146	SECTION 6. Section 821.023, Health and Safety Code, is
147	147	amended by adding Subsection (a-1) and amending Subsection (b) to
148	148	read as follows:
149	149	(a-1) A finding in a court of competent jurisdiction that a
150	150	person is guilty of an offense under Section 21.09, Penal Code, is
151	151	prima facie evidence at a hearing authorized by Section 821.022
152	152	that any animal in the person's possession has been cruelly
153	153	treated, regardless of whether the animal was subjected to conduct
154	154	prohibited by Section 21.09, Penal Code.
155	155	(b) A statement of an owner made at a hearing provided for
156	156	under this subchapter is not admissible in a trial of the owner for
157	157	an offense under Section 21.09, 42.09, or 42.092, Penal Code.
158	158	SECTION 7. The change in law made by this Act applies only
159	159	to an offense committed on or after the effective date of this Act.
160	160	An offense committed before the effective date of this Act is
161	161	governed by the law in effect on the date the offense was committed,
162	162	and the former law is continued in effect for that purpose. For
163	163	purposes of this section, an offense was committed before the
164	164	effective date of this Act if any element of the offense occurred
165	165	before that date.
166	166	SECTION 8. This Act takes effect September 1, 2017.