BILL ANALYSIS

 

 

 

S.B. 804

By: Rodríguez

Corrections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

It has been suggested that requiring treatment and prohibiting the possession of an animal by a person convicted of animal cruelty is one of the most effective ways to ensure that the person does not reoffend. S.B. 804 seeks to address this issue by providing judges with more tools when they set conditions of community supervision for animal abusers.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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

 

S.B. 804 amends the Code of Criminal Procedure to authorize a judge granting community supervision to a defendant convicted of attack on an assistance animal, cruelty to nonlivestock animals, dog fighting, or cockfighting to do the following:

ˇ         require the defendant to relinquish custody of any animals in the defendant's possession;

ˇ         prohibit the defendant from possessing or exercising control over any animals or residing in a household where animals are present; or

ˇ         require the defendant to participate in a psychological counseling or other appropriate treatment program for a period to be determined by the court.

 

EFFECTIVE DATE

 

September 1, 2019.