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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of offenses involving cruelty to |
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animals and to the inclusion of related conduct in the definition of |
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family violence; 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. Article 42.013, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an |
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offense under Title 5 or Section 42.092, Penal Code, if the court |
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determines that the offense involved family violence, as defined by |
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Section 71.004, Family Code, the court shall make an affirmative |
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finding of that fact and enter the affirmative finding in the |
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judgment of the case. |
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SECTION 2. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. (a) "Family violence" |
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means: |
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(1) an act by a member of a family or household against |
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another member of the family or household that is intended to result |
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in physical harm, bodily injury, assault, or sexual assault or that |
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is a threat that reasonably places the member in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault, but does |
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not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(C), (E), (G), (H), (I), (J), and (K), by a member of a |
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family or household toward a child of the family or household; [or] |
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(3) dating violence, as that term is defined by |
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Section 71.0021; or |
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(4) an act that constitutes an offense, or an attempt |
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or threat to commit an offense, under Section 42.092, Penal Code: |
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(A) against an animal owned or possessed by a |
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member of the actor's family or household or by a person with whom |
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the actor has or has had a dating relationship; and |
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(B) with the intent to coerce, control, punish, |
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or intimidate the member or person. |
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(b) For purposes of Subsection (a)(4): |
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(1) coercion, as defined by Section 1.07, Penal Code, |
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includes the use of force or a threat of force to compel a person to: |
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(A) engage in conduct from which the person has |
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the right or privilege to abstain; or |
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(B) abstain from conduct in which the person has |
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the right or privilege to engage; and |
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(2) possession of an animal by a person means: |
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(A) actual care, custody, control, or management |
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of an animal by the person; or |
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(B) constructive possession of an animal owned by |
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the person or for which the person has been the primary caregiver. |
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SECTION 3. Section 42.092, Penal Code, is amended by |
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amending Subsections (c) and (f) and adding Subsections (c-1) and |
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(c-2) to 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
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under 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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(f) It is a defense to prosecution under [an exception to
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the application of] this section that the conduct engaged in by the |
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actor is a generally accepted and otherwise lawful: |
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(1) form of conduct occurring solely for the purpose |
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of or in support of: |
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(A) fishing, hunting, or trapping; or |
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(B) wildlife management, wildlife or depredation |
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control, or shooting preserve practices as regulated by state and |
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federal law; or |
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(2) animal husbandry or agriculture practice |
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involving livestock animals. |
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SECTION 4. Section 822.013, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is not a defense to prosecution under Section 42.092, |
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Penal Code, that the actor's conduct was authorized under this |
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section. |
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SECTION 5. Section 821.023(b), Health and Safety Code, is |
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repealed. |
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SECTION 6. 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 7. This Act takes effect September 1, 2017. |