BILL ANALYSIS

C.S.H.B. 1389

By: Hopson

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law sets criminal penalties under certain circumstances for the owner of a dog that attacks another person resulting in serious bodily injury or death.  If such an attack causes serious bodily injury, the offense is a third degree felony and if the attack causes death, the offense is a second degree felony.  C.S.H.B. 1389 enhances the penalty to a first degree felony if the attack causes death to a person younger than 18 years of age or a person 65 years of age or older.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1389 amends the Health and Safety Code to enhance the penalty for the offense of attack by a dog that causes death from a second degree felony to a first degree felony if the attack causes death to a person younger than 18 years of age or 65 years of age or older. The bill makes conforming changes.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1389 differs from the original by enhancing the penalty for attack by a dog that causes death to a first degree felony if the attack causes death to a person younger than 18 years of age, rather than younger than 15 years of age as in the original.