Texas 2021 - 87th Regular

Texas House Bill HB4282 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R21699 AJZ-D
2		-	By: Morales Shaw, Ordaz Perez H.B. No. 4282
3		-	Substitute the following for H.B. No. 4282:
4		-	By: Hinojosa C.S.H.B. No. 4282
	1	+	87R12482 AJZ-D
	2	+	By: Morales Shaw H.B. No. 4282
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to creating the criminal offense of possession of an
10	8		animal by a person convicted of multiple offenses involving animal
11	9		cruelty and to conditions of punishment and community supervision
12	10		for defendants convicted of certain criminal offenses involving
13	11		animals.
14	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	13		SECTION 1. Chapter 42, Penal Code, is amended by adding
16	14		Section 42.107 to read as follows:
17	15		Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF
18	16		MULTIPLE OFFENSES INVOLVING ANIMAL CRUELTY. (a) A person commits
19	17		an offense if the person:
20	18		(1) possesses or exercises control over an animal or
21	19		resides in a household in which an animal is present; and
22	20		(2) has been previously convicted two or more times of
23	21		an offense under:
24		-	(A) Section 42.091, 42.092, 42.10, or 42.105; or
	22	+	(A) Section 42.09, 42.091, 42.092, 42.10, or
	23	+	42.105; or
25	24		(B) federal law or a penal law of another state
26	25		containing elements that are substantially similar to the elements
27	26		of an offense described by Paragraph (A).
28	27		(b) An offense under this section is a Class C misdemeanor,
29	28		except that the offense is a Class B misdemeanor if the defendant
30	29		has previously been convicted of an offense under this section.
31	30		SECTION 2. Chapter 42, Code of Criminal Procedure, is
32	31		amended by adding Article 42.25 to read as follows:
33	32		Art. 42.25. PERMANENT RELINQUISHMENT OF ANIMALS FOR
34	33		REPEATED ANIMAL CRUELTY OFFENSES. For a defendant convicted of an
35	34		offense under Section 42.107, Penal Code, the court shall, as a
36	35		condition of punishment, require the defendant to permanently
37	36		relinquish custody of any animals in the defendant's possession.
38	37		SECTION 3. Article 42A.511(c), Code of Criminal Procedure,
39	38		is amended to read as follows:
40	39		(c) If a judge grants community supervision to a defendant
41		-	convicted of an offense under Section 21.09, 42.091, 42.092, ~~42.10,~~
42		-	or 42.105, Penal Code, the judge [may]:
	40	+	convicted of an offense under Section 21.09, 42.09, 42.091, 42.092,
	41	+	42.10, or 42.105, Penal Code, the judge [may]:
43	42		(1) shall require the defendant to relinquish custody
44	43		of any animals in the defendant's possession;
45	44		(2) shall prohibit the defendant from possessing or
46	45		exercising control over any animals or residing in a household
47	46		where animals are present; and [or]
48	47		(3) may require the defendant to participate in a
49	48		psychological counseling or other appropriate treatment program
50	49		for a period to be determined by the court.
51	50		SECTION 4. The changes in law made by this Act apply only to
52	51		an offense committed on or after the effective date of this Act. An
53	52		offense committed before the effective date of this Act is governed
54	53		by the law in effect on the date the offense was committed, and the
55	54		former law is continued in effect for that purpose. For purposes of
56	55		this section, an offense was committed before the effective date of
57	56		this Act if any element of the offense occurred before that date.
58	57		SECTION 5. This Act takes effect September 1, 2021.