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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of possession of an |
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animal by a person convicted of multiple offenses involving animal |
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cruelty and to conditions of punishment and community supervision |
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for defendants convicted of certain criminal offenses involving |
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animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.107 to read as follows: |
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Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF |
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MULTIPLE OFFENSES INVOLVING ANIMAL CRUELTY. (a) A person commits |
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an offense if the person: |
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(1) possesses or exercises control over an animal or |
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resides in a household in which an animal is present; and |
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(2) has been previously convicted two or more times of |
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an offense under: |
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(A) Section 42.091, 42.092, 42.10, or 42.105; or |
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(B) federal law or a penal law of another state |
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containing elements that are substantially similar to the elements |
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of an offense described by Paragraph (A). |
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(b) An offense under this section is a Class C misdemeanor, |
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except that the offense is a Class B misdemeanor if the defendant |
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has previously been convicted of an offense under this section. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.26 to read as follows: |
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Art. 42.26. PERMANENT RELINQUISHMENT OF ANIMALS FOR |
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REPEATED ANIMAL CRUELTY OFFENSES. For a defendant convicted of an |
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offense under Section 42.107, Penal Code, the court shall, as a |
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condition of punishment, require the defendant to permanently |
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relinquish custody of any animals in the defendant's possession. |
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SECTION 3. Article 42A.511(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) If a judge grants community supervision to a defendant |
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convicted of an offense under Section 21.09, 42.091, 42.092, 42.10, |
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or 42.105, Penal Code, the judge [may]: |
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(1) shall require the defendant to relinquish custody |
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of any animals in the defendant's possession; |
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(2) shall prohibit the defendant from possessing or |
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exercising control over any animals or residing in a household |
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where animals are present; and [or] |
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(3) may require the defendant to participate in a |
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psychological counseling or other appropriate treatment program |
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for a period to be determined by the court. |
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SECTION 4. 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 5. This Act takes effect September 1, 2023. |