Bill

SB 762

85(R) - 2017
Senate State Affairs
House Criminal Jurisprudence
Senate State Affairs
House Criminal Jurisprudence
Animals
Crimes

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Jose Menendez

Sponsor(s)

Joe Moody

Bill Caption

Relating to the prosecution of offenses involving cruelty to animals and to the inclusion of related conduct in the definition of family violence; increasing a criminal penalty.


Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would modify the portion of the penal code related to cruelty to nonlivestock animals. Under current law, a person commits an offense if they intentionally, knowingly, or recklessly fail to provide necessary food, water, care, or shelter for an animal in the person's custody; or if they reasonably abandon an animal in the person's custody; or if they transport or confine an animal in a cruel manner; or without the owner's effective consent they cause bodily injury to an animal, or if they seriously overwork an animal. These crimes are currently punishable as a Class A misdemeanor if it is the first or second offense, and upon a third conviction for this or related offenses, the penalty is enhanced to a state jail felony. If this bill passes, these crimes would constitute a state jail felony on a second offense.

Under current law, a person commits an offense if they intentionally, knowingly, or recklessly torture an animal or in a cruel manner kill or cause serious bodily injury to an animal; or without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal; or uses a live animal as a lure in dog race training or in dog coursing on a racetrack. The offenses are currently punishable as a state jail felony for a first for second offense, but upon a third offense for one of these crimes or a similar crime, it is punishable as a third-degree felony.

This bill would modify the aforementioned portion fairly substantially; if someone intentionally, knowingly, or recklessly tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; or without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal, the offense would be punishable as a third-degree felony. However, if the person had previously been convicted of one of these offenses, or an offense related to fighting animals or using animals as a lure in a dog race the sentence would be enhanced to a second-degree felony.

Finally, under current law, an offense related to fighting animals or using animals as a lure in a dog race is a state jail felony. However, if the person has been convicted two times of this crime or similar crimes, they would be subject to a third-degree felony. If this bill passes, the penalty would be enhanced to third-degree felony upon a second conviction.

Under current law, the killing of dogs or coyotes that attack animals is permitted in certain situations. If this bill passes, it would affirm that this section of the code does not provide a defense to prosecution for an offense related to cruelty to nonlivestock animals.

Vote Recommendation Notes

2nd Chamber Update: This bill was amended on the Senate floor. Based on the adoption of the floor amendments we withdraw all opposition to passage of this legislation. Our original vote recommendation language appears below.

While it is questionable whether reducing the number of prior convictions in order to impose sentence enhancements is necessary, that issue is a secondary concern to us.

Current law exempts people from animal cruelty laws who are hunting, fishing, trapping, or engaged in wildlife management or wildlife depredation control. The purpose of this exemption is to prevent overzealous law enforcement from arresting people for these lawful activities. This legislation changes these exemptions to now simply be a defense to prosecution. Under the provisions of this legislation, overzealous law enforcement could arrest and try people for these lawful activities and force them at trial to defend themselves by proving they were engaged in one of these lawful activities. This is classic overcriminalization. For these reasons we strongly oppose SB 762.

Organizations Supporting

Texas Humane Legislation Network
The Humane Society of the United States