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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of bestiality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person [he] knowingly |
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engages in any of the following acts in a public place or, if not in |
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a public place, the person [he] is reckless about whether another is |
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present who will be offended or alarmed by the person's [his]: |
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(1) act of sexual intercourse; |
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(2) act of deviate sexual intercourse; or |
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(3) act of sexual contact[; or
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[(4)
act involving contact between the person's mouth
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or genitals and the anus or genitals of an animal or fowl]. |
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SECTION 2. Chapter 21, Penal Code, is amended by adding |
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Section 21.09 to read as follows: |
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Sec. 21.09. BESTIALITY. (a) A person commits an offense |
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if the person knowingly: |
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(1) engages in an act involving contact between: |
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(A) the person's mouth, anus, or genitals and the |
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anus or genitals of an animal; or |
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(B) the person's anus or genitals and the mouth |
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of the animal; |
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(2) fondles or touches the anus or genitals of an |
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animal, including touching through clothing; |
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(3) causes an animal to contact the seminal fluid of |
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the person; |
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(4) inserts any part of a person's body or any object |
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into the anus or genitals of an animal; |
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(5) possesses, sells, transfers, purchases, or |
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otherwise obtains an animal with the intent that the animal be used |
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for conduct described by Subdivision (1), (2), (3), or (4); |
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(6) organizes, promotes, conducts, or participates as |
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an observer of conduct described by Subdivision (1), (2), (3), or |
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(4); |
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(7) causes a person to engage or aids a person in |
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engaging in conduct described by Subdivision (1), (2), (3), or (4); |
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(8) permits conduct described by Subdivision (1), (2), |
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(3), or (4) to occur on any premises under the person's control; |
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(9) engages in conduct described by Subdivision (1), |
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(2), (3), or (4) in the presence of a child younger than 18 years of |
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age; or |
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(10) advertises, offers, or accepts the offer of an |
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animal with the intent that the animal be used in this state for |
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conduct described by Subdivision (1), (2), (3), or (4). |
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(b) An offense under this section is a state jail felony, |
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unless the offense is committed under Subsection (a)(9) or results |
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in serious bodily injury or death of the animal, in which event the |
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offense is a felony of the third degree. |
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(c) It is an exception to the application of this section |
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that the conduct engaged in by the actor is a generally accepted and |
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otherwise lawful animal husbandry or veterinary practice. |
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SECTION 3. Article 42A.511, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES |
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INVOLVING ANIMALS. (a) If a judge grants community supervision to |
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a defendant convicted of an offense under Section 42.09, 42.091, |
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42.092, or 42.10, Penal Code, the judge may require the defendant to |
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attend a responsible pet owner course sponsored by a municipal |
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animal shelter, as defined by Section 823.001, Health and Safety |
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Code, that: |
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(1) receives federal, state, county, or municipal |
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funds; and |
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(2) serves the county in which the court is located. |
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(b) If a judge grants community supervision to a defendant |
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convicted of an offense under Section 21.09, Penal Code, the judge |
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may: |
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(1) require the defendant to relinquish custody of any |
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animals in the defendant's possession; |
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(2) prohibit the defendant from possessing or |
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exercising control over any animals or residing in a household |
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where animals are present; or |
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(3) require the defendant to participate in |
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psychological counseling or other appropriate treatment program |
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for a period to be determined by the court. |
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SECTION 4. Section 821.021(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Cruelly treated" includes tortured, seriously |
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overworked, unreasonably abandoned, unreasonably deprived of |
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necessary food, care, or shelter, cruelly confined, [or] caused to |
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fight with another animal, or subjected to conduct prohibited by |
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Section 21.09, Penal Code. |
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SECTION 5. Section 821.023, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) A finding in a court of competent jurisdiction that a |
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person is guilty of an offense under Section 21.09, Penal Code, is |
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prima facie evidence at a hearing authorized by Section 821.022 |
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that any animal in the person's possession has been cruelly |
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treated, regardless of whether the animal was subjected to conduct |
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prohibited by Section 21.09, Penal Code. |
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(b) A statement of an owner made at a hearing provided for |
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under this subchapter is not admissible in a trial of the owner for |
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an offense under Section 21.09, 42.09, or 42.092, Penal Code. |
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SECTION 6. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |