78R6275 BDH-D

By:  Allen                                                        H.B. No. 1516



A BILL TO BE ENTITLED

AN ACT

relating to the investigation and prosecution of an offense 
motivated by objection to certain activities involving animals, 
activities involving natural resources, or activities involving 
the operation of an animal facility.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 42, Code of Criminal Procedure, is 
amended by adding Article 42.0145 to read as follows:
	Art. 42.0145.  FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF 
OBJECTION TO ANIMAL OR ECOLOGICAL ACTIVITY OR ANIMAL FACILITY.  (a)  
In this section:
		(1)  "Activity involving animals" means any lawful 
activity involving the use of animals, including:
			(A)  hunting and trapping;                                            
			(B)  food production, processing, and 
preparation;                  
			(C)  clothing manufacturing and distribution;                         
			(D)  medical or other research;                                       
			(E)  entertainment and recreation; and                                
			(F)  agriculture.                                                     
		(2)  "Activity involving natural resources" means any 
lawful activity involving the use of a natural resource with an 
economic value, including mining, foresting, harvesting, and 
processing natural resources.
		(3)  "Animal facility" means a vehicle, building, 
structure, or other premises where an animal is lawfully:
			(A)  housed, exhibited, or offered for sale, 
including a zoo, amusement park, or preserve or a location at which 
a circus or a rodeo or other competitive event is held; or
			(B)  used for scientific purposes, including 
research, testing, and experiments.
	(b)  In the trial of an offense under Chapter 19, 20, 22, 28, 
29, 30, 31, 33, or 42, Penal Code, or Section 46.08, Penal Code, the 
judge shall make an affirmative finding of fact and enter the 
affirmative finding in the judgment of the case if at the guilt or 
innocence phase of the trial the judge or the jury, whichever is the 
trier of fact, determines beyond a reasonable doubt that the 
defendant intentionally selected the person against whom the 
offense was committed or intentionally selected property damaged or 
affected as a result of the offense because of the defendant's 
objection to participation by others in an activity involving 
animals, an activity involving natural resources, or an activity 
involving the operation of an animal facility.
	SECTION 2.  Article 42.01, Code of Criminal Procedure, is 
amended by adding Section 9 to read as follows:
	Sec. 9.  In addition to the information described by Section 
1, the judgment should reflect affirmative findings entered 
pursuant to Article 42.0145.
	SECTION 3.  Subchapter D, Chapter 12, Penal Code, is amended 
by adding Section 12.475 to read as follows:
	Sec. 12.475.  PENALTY IF OFFENSE COMMITTED BECAUSE OF 
OBJECTION TO ANIMAL OR ECOLOGICAL ACTIVITY OR ANIMAL FACILITY.  (a)  
In this section, "activity involving animals," "activity involving 
natural resources," and "animal facility" have the meanings 
assigned by Article 42.0145, Code of Criminal Procedure.
	(b)  If an affirmative finding under Article 42.0145, Code of 
Criminal Procedure, is made in the trial of an offense other than a 
first degree felony or a Class A misdemeanor, the punishment for the 
offense is increased to the punishment prescribed for the next 
highest category of offense.  If the offense is a Class A 
misdemeanor, the minimum term of confinement for the offense is 
increased to 180 days.
	(c)  The attorney general, if requested to do so by a 
prosecuting attorney, may assist the prosecuting attorney in the 
investigation or prosecution of an offense committed because of an 
objection to an activity involving animals or an activity involving 
natural resources or to the operation of an animal facility.  The 
attorney general shall designate one individual in the division of 
the attorney general's office that assists in the prosecution of 
criminal cases to coordinate responses to requests made under this 
subsection.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.