Bill Text: TX HB4282 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-05-08 - Committee report sent to Calendars [HB4282 Detail]
Download: Texas-2021-HB4282-Comm_Sub.html
87R21699 AJZ-D | |||
By: Morales Shaw, Ordaz Perez | H.B. No. 4282 | ||
Substitute the following for H.B. No. 4282: | |||
By: Hinojosa | C.S.H.B. No. 4282 |
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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 42.25 to read as follows: | ||
Art. 42.25. 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 [ |
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(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 [ |
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(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, 2021. |