The bill would add as a defense to prosecution for abandoning a nonlivestock animal that the actor released or returned a stray or feral animal which was not a wild living creature pursuant to a Trap-Neuter-Return Program or released or returned a previously trapped wild living creature in accordance with Texas wildlife laws and regulations. The abandonment of a nonlivestock animal is a Class A misdemeanor with enhancement to a state jail felony if the person has been previously convicted of certain animal cruelty offenses.
Creating a defense to the prosecution from an existing offense may result in a decrease in demands upon state and local correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2022, there were 517 individuals arrested, 162 individuals placed on adult community supervision, one individual placed on juvenile community supervision, one individual admitted into an adult state correctional facility, and one individual admitted into a juvenile state correctional facility for certain animal cruelty offenses. It is unknown whether any of these cases involved conduct outlined in the bill's provisions.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.