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By: Menendez, et al. (Senate Sponsor - Van de Putte) |
H.B. No. 916 |
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(In the Senate - Received from the House May 8, 2007; |
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May 10, 2007, read first time and referred to Committee on Criminal |
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Justice; May 18, 2007, reported favorably by the following vote: |
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Yeas 5, Nays 0; May 18, 2007, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of dog fighting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 42.10(a), (c), (d), and (e), Penal |
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Code, are amended to read as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly: |
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(1) causes a dog to fight with another dog; |
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(2) [for a pecuniary benefit causes a dog to fight with
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another dog;
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[(3)] participates in the earnings of or operates a |
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facility used for dog fighting; |
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(3) [(4)] uses or permits another to use any real |
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estate, building, room, tent, arena, or other property for dog |
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fighting; |
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(4) [(5)] owns or trains a dog with the intent that the |
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dog be used in an exhibition of dog fighting; or |
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(5) [(6)] attends as a spectator an exhibition of dog |
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fighting. |
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(c) A conviction under [Subdivision (2), (3), or (4) of] |
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Subsection (a)(2) or (3) [(a)] may be had upon the uncorroborated |
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testimony of a party to the offense. |
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(d) It is a defense to prosecution under [Subdivision (1) or
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(2) of] Subsection (a)(1) [(a)] that the actor caused a dog to fight |
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with another dog to protect livestock, other property, or a person |
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from the other dog, and for no other purpose. |
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(e) An offense under [Subdivision (1) or (5) of] Subsection |
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(a)(4) or (5) [(a)] is a Class A misdemeanor. An offense under |
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[Subdivision (2), (3), or (4) of] Subsection (a)(1), (2), or (3) |
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[(a)] is a state jail felony. [An offense under Subdivision (6) of
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Subsection (a) is a Class C misdemeanor.] |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when 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 was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |