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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offense of cruelty to |
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nonlivestock animals and to the inclusion of related conduct in the |
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definition of family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.013, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an |
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offense under Title 5 or Section 42.092, Penal Code, if the court |
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determines that the offense involved family violence, as defined by |
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Section 71.004, Family Code, the court shall make an affirmative |
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finding of that fact and enter the affirmative finding in the |
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judgment of the case. |
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SECTION 2. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. (a) "Family violence" means: |
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(1) an act by a member of a family or household against |
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another member of the family or household that is intended to result |
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in physical harm, bodily injury, assault, or sexual assault or that |
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is a threat that reasonably places the member in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault, but does |
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not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of |
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a family or household toward a child of the family or household; |
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[or] |
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(3) dating violence, as that term is defined by |
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Section 71.0021; or |
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(4) an act that constitutes an offense, or an attempt |
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or threat to commit an offense, under Section 42.092, Penal Code: |
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(A) against an animal owned or possessed by a |
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member of the actor's family or household or by a person with whom |
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the actor has or has had a dating relationship; and |
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(B) with the intent to coerce, control, punish, |
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or intimidate the member or person. |
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(b) For purposes of Subsection (a)(4): |
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(1) coercion, as defined by Section 1.07, Penal Code, |
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includes the use of force or a threat of force to compel a person to: |
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(A) engage in conduct from which the person has |
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the right or privilege to abstain; or |
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(B) abstain from conduct in which the person has |
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the right or privilege to engage; and |
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(2) possession of an animal by a person means: |
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(A) actual care, custody, control, or management |
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of an animal by the person; or |
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(B) constructive possession of an animal owned by |
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the person or for which the person has been the primary caregiver. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |