SRC-PNG H.B. 719 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 719
By: Christian (Moncrief)
Criminal Justice
5/7/1999
Engrossed


DIGEST 

Currently, there is no law that allows the police to arrest someone
specifically for causing injury to or the death of a police service animal.
This bill would create an offense if a person acts without authorization to
affect or otherwise harm a police service animal. 

PURPOSE

As proposed, H.B. 719 provides that a person commits an offense if a person
acts without authorization to affect or otherwise harm a police service
animal. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.151, as
follows: 

Sec.  38.151.  INTERFERENCE WITH POLICE SERVICE ANIMALS.  Defines "area of
control," "handler or rider," and "police service animal."  Provides that
it is a Class C misdemeanor if a person taunts, torments, or strikes a
police service animal.  Provides that it is a Class B misdemeanor if a
person throws an object or substance at a police service animal.  Provides
that it is a Class A misdemeanor if a person interferes with or obstructs a
police service animal or the handler or rider in a manner which inhibits or
restricts the handler's or rider's control of the animal or deprives the
handler or rider of control of the animal; releases a police service animal
from its area of control; or enters the area of control of a police service
animal without the effective consent of the handler or rider.  Provides
that it is a state jail felony if a person injures or engages in conduct
likely to injure a police service animal.  Provides that it is a third
degree felony if a person kills or engages in conduct likely to kill a
police service animal. 

SECTION 2. Amends Chapter 826E, Health and Safety Code, by adding Section
826.048, as follows: 

Sec. 826.048.  EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE
ANIMALS.  Defines "handler or rider" and "police service animal."  Provides
that a police service animal is exempt from the quarantine requirement of
this subchapter if the animal bites a person while the animal is under
routine veterinary care or while the animal is being used for law
enforcement, corrections, prison or jail security, or investigative
purposes.  Requires the law enforcement agency and the animal's handler or
rider to make the animal available within a reasonable time for testing by
the local health authority, if after biting a person the animal exhibits
any abnormal behavior. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.