Texas 2019 - 86th Regular

Texas House Bill HB2516 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11991 KJE-F
2	2	By: Ramos H.B. No. 2516
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the criminal offense of cruelty to
8	8	nonlivestock animals and to the inclusion of related conduct in the
9	9	definition of family violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.013, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an
14	14	offense under Title 5 or Section 42.092, Penal Code, if the court
15	15	determines that the offense involved family violence, as defined by
16	16	Section 71.004, Family Code, the court shall make an affirmative
17	17	finding of that fact and enter the affirmative finding in the
18	18	judgment of the case.
19	19	SECTION 2. Section 71.004, Family Code, is amended to read
20	20	as follows:
21	21	Sec. 71.004. FAMILY VIOLENCE. (a) "Family violence" means:
22	22	(1) an act by a member of a family or household against
23	23	another member of the family or household that is intended to result
24	24	in physical harm, bodily injury, assault, or sexual assault or that
25	25	is a threat that reasonably places the member in fear of imminent
26	26	physical harm, bodily injury, assault, or sexual assault, but does
27	27	not include defensive measures to protect oneself;
28	28	(2) abuse, as that term is defined by Sections
29	29	261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of
30	30	a family or household toward a child of the family or household;
31	31	[or]
32	32	(3) dating violence, as that term is defined by
33	33	Section 71.0021; or
34	34	(4) an act that constitutes an offense, or an attempt
35	35	or threat to commit an offense, under Section 42.092, Penal Code:
36	36	(A) against an animal owned or possessed by a
37	37	member of the actor's family or household or by a person with whom
38	38	the actor has or has had a dating relationship; and
39	39	(B) with the intent to coerce, control, punish,
40	40	or intimidate the member or person.
41	41	(b) For purposes of Subsection (a)(4):
42	42	(1) coercion, as defined by Section 1.07, Penal Code,
43	43	includes the use of force or a threat of force to compel a person to:
44	44	(A) engage in conduct from which the person has
45	45	the right or privilege to abstain; or
46	46	(B) abstain from conduct in which the person has
47	47	the right or privilege to engage; and
48	48	(2) possession of an animal by a person means:
49	49	(A) actual care, custody, control, or management
50	50	of an animal by the person; or
51	51	(B) constructive possession of an animal owned by
52	52	the person or for which the person has been the primary caregiver.
53	53	SECTION 3. The changes in law made by this Act apply only to
54	54	an offense committed on or after the effective date of this Act. An
55	55	offense committed before the effective date of this Act is governed
56	56	by the law in effect on the date the offense was committed, and the
57	57	former law is continued in effect for that purpose. For purposes of
58	58	this section, an offense was committed before the effective date of
59	59	this Act if any element of the offense occurred before that date.
60	60	SECTION 4. This Act takes effect September 1, 2019.