88R14118 AJZ-D
By: Perez, Morales of Harris, Cook H.B. No. 3854
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of possession of an
animal by a person convicted of multiple offenses involving animal
cruelty and to conditions of punishment and community supervision
for defendants convicted of certain criminal offenses involving
animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Penal Code, is amended by adding
Section 42.107 to read as follows:
Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF
MULTIPLE OFFENSES INVOLVING ANIMAL CRUELTY. (a) A person commits
an offense if the person:
(1) possesses or exercises control over an animal or
resides in a household in which an animal is present; and
(2) has been previously convicted two or more times of
an offense under:
(A) Section 42.091, 42.092, 42.10, or 42.105; or
(B) federal law or a penal law of another state
containing elements that are substantially similar to the elements
of an offense described by Paragraph (A).
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if the defendant
has previously been convicted of an offense under this section.
SECTION 2. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.26 to read as follows:
Art. 42.26. PERMANENT RELINQUISHMENT OF ANIMALS FOR
REPEATED ANIMAL CRUELTY OFFENSES. For a defendant convicted of an
offense under Section 42.107, Penal Code, the court shall, as a
condition of punishment, require the defendant to permanently
relinquish custody of any animals in the defendant's possession.
SECTION 3. Article 42A.511(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If a judge grants community supervision to a defendant
convicted of an offense under Section 21.09, 42.091, 42.092, 42.10,
or 42.105, Penal Code, the judge [may]:
(1) shall require the defendant to relinquish custody
of any animals in the defendant's possession;
(2) shall prohibit the defendant from possessing or
exercising control over any animals or residing in a household
where animals are present; and [or]
(3) may require the defendant to participate in a
psychological counseling or other appropriate treatment program
for a period to be determined by the court.
SECTION 4. 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 5. This Act takes effect September 1, 2023.