80R5753 KEL-D
 
  By: West H.B. No. 1258
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of interference with
police service animals.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 38.151(c), Penal Code, is amended to
read as follows:
       (c)  An offense under this section is:
             (1)  a Class C misdemeanor if the person commits an
offense under Subsection (b)(1);
             (2)  a Class B misdemeanor if the person commits an
offense under Subsection (b)(2);
             (3)  a Class A misdemeanor if the person commits an
offense under Subsection (b)(3), (4), or (5);
             (4)  except as provided by Subdivision (5), a state
jail felony if the person commits an offense under Subsection
(b)(6) or (7) by injuring a police service animal or by engaging in
conduct likely to injure the animal; or
             (5)  a felony of the second [third] degree if the person
commits an offense under Subsection (b)(6) or (7) by:
                   (A) killing a police service animal or [by]
engaging in conduct likely to kill the animal;
                   (B)  injuring a police service animal in a manner
that materially and permanently affects the ability of the animal
to perform as a police service animal; or
                   (C)  engaging in conduct likely to injure a police
service animal in a manner that would materially and permanently
affect the ability of the animal to perform as a police service
animal.
       SECTION 2.  The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
       SECTION 3.  This Act takes effect September 1, 2007.