Bill Text: TX SB1232 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to inappropriate conduct between a person and an animal; creating a criminal offense.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [SB1232 Detail]
Download: Texas-2017-SB1232-Comm_Sub.html
Bill Title: Relating to inappropriate conduct between a person and an animal; creating a criminal offense.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [SB1232 Detail]
Download: Texas-2017-SB1232-Comm_Sub.html
85R29110 AJZ-F | ||
By: Huffman, et al. | S.B. No. 1232 | |
(Alvarado) | ||
Substitute the following for S.B. No. 1232: No. |
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relating to inappropriate conduct between a person and an animal; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.07(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if the person [ |
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engages in any of the following acts in a public place or, if not in | ||
a public place, the person [ |
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present who will be offended or alarmed by the person's [ |
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(1) act of sexual intercourse; | ||
(2) act of deviate sexual intercourse; or | ||
(3) act of sexual contact[ |
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[ |
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SECTION 2. Chapter 21, Penal Code, is amended by adding | ||
Section 21.09 to read as follows: | ||
Sec. 21.09. BESTIALITY. (a) A person commits an offense if | ||
the person knowingly: | ||
(1) engages in an act involving contact between: | ||
(A) the person's mouth, anus, or genitals and the | ||
anus or genitals of an animal; or | ||
(B) the person's anus or genitals and the mouth | ||
of the animal; | ||
(2) fondles or touches the anus or genitals of an | ||
animal in a manner that is not a generally accepted and otherwise | ||
lawful animal husbandry or veterinary practice, including touching | ||
through clothing; | ||
(3) causes an animal to contact the seminal fluid of | ||
the person; | ||
(4) inserts any part of a person's body or any object | ||
into the anus or genitals of an animal in a manner that is not a | ||
generally accepted and otherwise lawful animal husbandry or | ||
veterinary practice; | ||
(5) possesses, sells, transfers, purchases, or | ||
otherwise obtains an animal with the intent that the animal be used | ||
for conduct described by Subdivision (1), (2), (3), or (4); | ||
(6) organizes, promotes, conducts, or participates as | ||
an observer of conduct described by Subdivision (1), (2), (3), or | ||
(4); | ||
(7) causes a person to engage or aids a person in | ||
engaging in conduct described by Subdivision (1), (2), (3), or (4); | ||
(8) permits conduct described by Subdivision (1), (2), | ||
(3), or (4) to occur on any premises under the person's control; | ||
(9) engages in conduct described by Subdivision (1), | ||
(2), (3), or (4) in the presence of a child younger than 18 years of | ||
age; or | ||
(10) advertises, offers, or accepts the offer of an | ||
animal with the intent that the animal be used in this state for | ||
conduct described by Subdivision (1), (2), (3), or (4). | ||
(b) An offense under this section is a state jail felony, | ||
unless the offense is committed under Subsection (a)(9) or results | ||
in serious bodily injury or death of the animal, in which event the | ||
offense is a felony of the second degree. | ||
(c) It is an exception to the application of this section | ||
that the conduct engaged in by the actor is a generally accepted and | ||
otherwise lawful animal husbandry or veterinary practice. | ||
SECTION 3. Article 42A.511, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES | ||
INVOLVING ANIMALS. (a) If a judge grants community supervision to | ||
a defendant convicted of an offense under Section 42.09, 42.091, | ||
42.092, or 42.10, Penal Code, the judge may require the defendant to | ||
attend a responsible pet owner course sponsored by a municipal | ||
animal shelter, as defined by Section 823.001, Health and Safety | ||
Code, that: | ||
(1) receives federal, state, county, or municipal | ||
funds; and | ||
(2) serves the county in which the court is located. | ||
(b) If a judge grants community supervision to a defendant | ||
convicted of an offense under Section 21.09, Penal Code, the judge | ||
may: | ||
(1) require the defendant to relinquish custody of any | ||
animals in the defendant's possession; | ||
(2) prohibit the defendant from possessing or | ||
exercising control over any animals or residing in a household | ||
where animals are present; or | ||
(3) 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. Article 62.001(5), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(5) "Reportable conviction or adjudication" means a | ||
conviction or adjudication, including an adjudication of | ||
delinquent conduct or a deferred adjudication, that, regardless of | ||
the pendency of an appeal, is a conviction for or an adjudication | ||
for or based on: | ||
(A) a violation of Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.09 (Bestiality), 21.11 | ||
(Indecency with a child), 22.011 (Sexual assault), 22.021 | ||
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), | ||
Penal Code; | ||
(B) a violation of Section 43.05 (Compelling | ||
prostitution), 43.25 (Sexual performance by a child), or 43.26 | ||
(Possession or promotion of child pornography), Penal Code; | ||
(B-1) a violation of Section 43.02 | ||
(Prostitution), Penal Code, if the offense is punishable under | ||
Subsection (c)(3) of that section; | ||
(C) a violation of Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the actor committed the | ||
offense or engaged in the conduct with intent to violate or abuse | ||
the victim sexually; | ||
(D) a violation of Section 30.02 (Burglary), | ||
Penal Code, if the offense or conduct is punishable under | ||
Subsection (d) of that section and the actor committed the offense | ||
or engaged in the conduct with intent to commit a felony listed in | ||
Paragraph (A) or (C); | ||
(E) a violation of Section 20.02 (Unlawful | ||
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), | ||
Penal Code, if, as applicable: | ||
(i) the judgment in the case contains an | ||
affirmative finding under Article 42.015; or | ||
(ii) the order in the hearing or the papers | ||
in the case contain an affirmative finding that the victim or | ||
intended victim was younger than 17 years of age; | ||
(F) the second violation of Section 21.08 | ||
(Indecent exposure), Penal Code, but not if the second violation | ||
results in a deferred adjudication; | ||
(G) an attempt, conspiracy, or solicitation, as | ||
defined by Chapter 15, Penal Code, to commit an offense or engage in | ||
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); | ||
(H) a violation of the laws of another state, | ||
federal law, the laws of a foreign country, or the Uniform Code of | ||
Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), | ||
(G), (J), or (K), but not if the violation results in a deferred | ||
adjudication; | ||
(I) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country, or the Uniform | ||
Code of Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of the offense of indecent exposure, but not if the second violation | ||
results in a deferred adjudication; | ||
(J) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; or | ||
(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code. | ||
SECTION 5. Section 821.021(1), Health and Safety Code, is | ||
amended to read as follows: | ||
(1) "Cruelly treated" includes tortured, seriously | ||
overworked, unreasonably abandoned, unreasonably deprived of | ||
necessary food, care, or shelter, cruelly confined, [ |
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fight with another animal, or subjected to conduct prohibited by | ||
Section 21.09, Penal Code. | ||
SECTION 6. Section 821.023, Health and Safety Code, is | ||
amended by adding Subsection (a-1) and amending Subsection (b) to | ||
read as follows: | ||
(a-1) A finding in a court of competent jurisdiction that a | ||
person is guilty of an offense under Section 21.09, Penal Code, is | ||
prima facie evidence at a hearing authorized by Section 821.022 | ||
that any animal in the person's possession has been cruelly | ||
treated, regardless of whether the animal was subjected to conduct | ||
prohibited by Section 21.09, Penal Code. | ||
(b) A statement of an owner made at a hearing provided for | ||
under this subchapter is not admissible in a trial of the owner for | ||
an offense under Section 21.09, 42.09, or 42.092, Penal Code. | ||
SECTION 7. The change in law made by this Act applies 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 8. This Act takes effect September 1, 2017. |