SRC-MWN S.B. 1724 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1724
77R6167 KEL-DBy: Cain
Criminal Justice
4/17/2001
As Filed


DIGEST AND PURPOSE 

Numerous studies have shown a link between animal cruelty and more violent
and destructive behavior, particularly upon children and spouses. As
proposed, S.B. 1724 amends the Penal Code by increasing the penalty for
acts of cruelty to animals from a Class A misdemeanor to a state jail
felony. The bill further provides that a person who has been previously
convicted twice commits a felony of the third degree if the person is cruel
to animals.   

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 42.09, Penal Code, by amending Subsections (a),
(c), and (d) and adding Subsection (g), as follows: 

(a) Provides that a person commits an offense if with criminal negligence
the person performs certain acts. Deletes text regarding knowingly or
intentionally. 

 (c) Defines "abandon," "cruel manner," "custody," and "necessary food,
care, or shelter." 

(d) Provides that an offense under this section is a state jail felony,
rather than Class A misdemeanor, except that the offense is a felony of the
third degree, rather than a state jail felony, if the person has previously
been convicted two times under this section.  

(g) Provides that 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 regarding use of an animal if that use occurs solely for
the purpose of certain criteria. 

SECTION 2. Effective date: September 1, 2001.
                      Makes application of this Act prospective.