| 1 | 1 | | 88R14118 AJZ-D |
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| 2 | 2 | | By: Perez, Morales of Harris, Cook H.B. No. 3854 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating the criminal offense of possession of an |
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| 8 | 8 | | animal by a person convicted of multiple offenses involving animal |
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| 9 | 9 | | cruelty and to conditions of punishment and community supervision |
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| 10 | 10 | | for defendants convicted of certain criminal offenses involving |
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| 11 | 11 | | animals. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 42, Penal Code, is amended by adding |
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| 14 | 14 | | Section 42.107 to read as follows: |
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| 15 | 15 | | Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF |
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| 16 | 16 | | MULTIPLE OFFENSES INVOLVING ANIMAL CRUELTY. (a) A person commits |
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| 17 | 17 | | an offense if the person: |
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| 18 | 18 | | (1) possesses or exercises control over an animal or |
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| 19 | 19 | | resides in a household in which an animal is present; and |
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| 20 | 20 | | (2) has been previously convicted two or more times of |
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| 21 | 21 | | an offense under: |
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| 22 | 22 | | (A) Section 42.091, 42.092, 42.10, or 42.105; or |
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| 23 | 23 | | (B) federal law or a penal law of another state |
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| 24 | 24 | | containing elements that are substantially similar to the elements |
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| 25 | 25 | | of an offense described by Paragraph (A). |
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| 26 | 26 | | (b) An offense under this section is a Class C misdemeanor, |
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| 27 | 27 | | except that the offense is a Class B misdemeanor if the defendant |
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| 28 | 28 | | has previously been convicted of an offense under this section. |
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| 29 | 29 | | SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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| 30 | 30 | | amended by adding Article 42.26 to read as follows: |
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| 31 | 31 | | Art. 42.26. PERMANENT RELINQUISHMENT OF ANIMALS FOR |
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| 32 | 32 | | REPEATED ANIMAL CRUELTY OFFENSES. For a defendant convicted of an |
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| 33 | 33 | | offense under Section 42.107, Penal Code, the court shall, as a |
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| 34 | 34 | | condition of punishment, require the defendant to permanently |
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| 35 | 35 | | relinquish custody of any animals in the defendant's possession. |
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| 36 | 36 | | SECTION 3. Article 42A.511(c), Code of Criminal Procedure, |
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| 37 | 37 | | is amended to read as follows: |
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| 38 | 38 | | (c) If a judge grants community supervision to a defendant |
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| 39 | 39 | | convicted of an offense under Section 21.09, 42.091, 42.092, 42.10, |
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| 40 | 40 | | or 42.105, Penal Code, the judge [may]: |
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| 41 | 41 | | (1) shall require the defendant to relinquish custody |
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| 42 | 42 | | of any animals in the defendant's possession; |
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| 43 | 43 | | (2) shall prohibit the defendant from possessing or |
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| 44 | 44 | | exercising control over any animals or residing in a household |
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| 45 | 45 | | where animals are present; and [or] |
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| 46 | 46 | | (3) may require the defendant to participate in a |
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| 47 | 47 | | psychological counseling or other appropriate treatment program |
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| 48 | 48 | | for a period to be determined by the court. |
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| 49 | 49 | | SECTION 4. The changes in law made by this Act apply only to |
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| 50 | 50 | | an offense committed on or after the effective date of this Act. An |
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| 51 | 51 | | offense committed before the effective date of this Act is governed |
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| 52 | 52 | | by the law in effect on the date the offense was committed, and the |
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| 53 | 53 | | former law is continued in effect for that purpose. For purposes of |
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| 54 | 54 | | this section, an offense was committed before the effective date of |
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| 55 | 55 | | this Act if any element of the offense occurred before that date. |
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| 56 | 56 | | SECTION 5. This Act takes effect September 1, 2023. |
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