HBA-NLM H.B. 320 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 320
By: Driver
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, it is a Class B misdemeanor to interfere with an animal being
used in law enforcement. There is no separate penalty for killing or
injuring a police service dog.  A number of dogs have been killed or
injured in the line of duty. H.B.320 provides that it is an felony of the
third degree if the offense causes serious bodily injury or death to an
animal being used in law enforcement, corrections, prison or jail security,
or for investigative purposes. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.15 (b) , Penal Code, to provide that an
offense under this section (Interference with Public Duties) is a Class B
misdemeanor unless otherwise provided by this subsection.  Provides that an
offense under Subsection (a)(4) is a felony of the third degree if the
offense causes serious bodily injury or death to the animal. Subsection
(a)(4) states that a person commits an offense if the person with criminal
negligence interrupts, disrupts, impedes, or otherwise interferes with an
animal under the supervision of a peace officer, corrections officer, or
jailer, if the person knows the animal is being used for law enforcement,
corrections, prison or jail security, or investigative purposes.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.