Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1096 by Edwards (Relating to the regulation of dogs in certain municipalities; creating an offense.), As Engrossed
The bill would amend the Penal Code by making the unprovoked attack by a dog on another person a Class B misdemeanor, unless the attack causes serious bodily injury or death, in which case the offense is a third degree felony. The change in law applies only to a municipality with a population of 1.9 million or more and applies only to an offense committed on or after September 1, 2005.
A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days, a fine not to exceed $2,000, or both fine and confinement.
A third degree felony is punishable by imprisonment in prison for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In the case of this bill, the increased workload and demand for resources would probably not be substantial.