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AN ACT
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relating to the prosecution of offenses involving cruelty to |
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animals; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.092, Penal Code, is amended by |
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amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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read as follows: |
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(c) An offense under Subsection (b)(3), (4), (5), (6), or |
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(9) is a Class A misdemeanor, except that the offense is a state |
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jail felony if the person has previously been convicted two times |
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under this section, two times under Section 42.09, or one time under |
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this section and one time under Section 42.09. |
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(c-1) An offense under Subsection (b)(1) or[,] (2) is a |
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felony of the third degree, except that the offense is a felony of |
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the second degree if the person has previously been convicted under |
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Subsection (b)(1), (2), (7), or (8) or under Section 42.09. |
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(c-2) An offense under Subsection (b)(7)[, (7),] or (8) is a |
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state jail felony, except that the offense is a felony of the third |
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degree if the person has previously been convicted [two times] |
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under this section[, two times under Section 42.09,] or [one time
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under this section and one time] under Section 42.09. |
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SECTION 2. Section 821.023(b), Health and Safety Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date 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 occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 762 passed the Senate on |
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May 3, 2017, by the following vote: Yeas 24, Nays 7; |
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May 26, 2017, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 26, 2017, House |
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granted request of the Senate; May 28, 2017, Senate adopted |
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Conference Committee Report by the following vote: Yeas 27, |
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Nays 4. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 762 passed the House, with |
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amendments, on May 24, 2017, by the following vote: Yeas 126, |
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Nays 20, one present not voting; May 26, 2017, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 28, 2017, House adopted Conference Committee Report by the |
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following vote: Yeas 117, Nays 28, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |