85R12972 KJE-D
By: Wilson H.B. No. 3693
A BILL TO BE ENTITLED
AN ACT
relating to certain defenses to prosecution in a criminal case that
are based on a fear of injury by an animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.01(e), Penal Code, is amended to read
as follows:
(e) It is a defense to prosecution for an offense under
Subsection (a)(7) or (9) that the person who discharged the firearm
had a reasonable fear of bodily injury to the person or to another
by:
(1) a dangerous wild animal as defined by Section
822.101, Health and Safety Code; or
(2) an animal as defined by Section 42.092.
SECTION 2. Section 42.092(d), Penal Code, is amended to
read as follows:
(d) It is a defense to prosecution under this section that:
(1) the actor had a reasonable fear of bodily injury to
the actor or to another person by the [a dangerous wild] animal [as
defined by Section 822.101, Health and Safety Code]; or
(2) the actor was engaged in bona fide experimentation
for scientific research.
SECTION 3. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2017.