BILL ANALYSIS

C.S.H.B. 1203

By: Ordaz

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Many Texas families have experienced the loss of a beloved pet due to criminally negligent behavior by groomers or pet sitters. Whether leaving a dog under a blow dryer for too long unattended, or failing to supervise exits where pets can easily escape, negligent actions have resulted in the death or serious injury of too many innocent animals. Attorneys are sometimes unable to seek justice for families whose pets have been harmed due to negligent conduct. Criminal negligence is an offense that involves a breach of an objective standard of behavior expected of a defendant. A person's actions would need to be deemed to be so risky for the life and safety of the animal involved, that a reasonable and ordinary person would have acted differently to avoid such harm. The basis of criminal negligence is the highest level of culpability so such an offense is held to a higher standard compared to intentional, knowing, or reckless actions. C.S.H.B. 1203 amends the Penal Code's cruelty to nonlivestock animals statute by adding criminal negligence. This will allow for additional acts of cruelty that are not covered by the current statute to be considered criminal offenses and also will provide a defense to prosecution for veterinarians and their assistants when they are practicing veterinary medicine.

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

C.S.H.B. 1203 amends the Penal Code to expand the possible requisite states of mind for the offense of cruelty to nonlivestock animals to include engaging in conduct constituting the offense with criminal negligence. The bill establishes as a defense to prosecution for cruelty to nonlivestock animals that the actor acted with criminal negligence during the actual discharge of the actor's duties while employed as a veterinarian licensed under the Veterinary Licensing Act or as a person assisting the veterinarian.

C.S.H.B. 1203 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1203 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision absent from the introduced establishing as a defense to prosecution for the offense of cruelty to nonlivestock animals that the actor acted with criminal negligence during the actual discharge of the actor's duties while employed as a licensed veterinarian or as a person assisting the veterinarian.