HBA-EDN H.B. 653 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 653
By: Najera
Criminal Jurisprudence
4/5/2001
Introduced



BACKGROUND AND PURPOSE 

Texans have become increasingly concerned with cases of cruel and violent
acts perpetrated on innocent pets and animals.  Research has confirmed a
correlation between violence against animals and violence toward humans.
In one case of animal cruelty, the prosecutor pressed felony charges of
theft instead of animal cruelty because current law only provides for a
misdemeanor for an offense of animal cruelty.  Such penalties may not be
sufficient to deter future offenses of animal cruelty.  House Bill 653
increases the penalties for such offenses. 

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. 

ANALYSIS

House Bill 653 amends the Penal Code to provide that a person commits an
offense of animal cruelty if the person acts with criminal negligence,
rather than with intent or knowledge.  The bill also provides that the
punishment for an offense of animal cruelty increase from a Class A
misdemeanor to a state jail felony or from a state jail felony to a third
degree felony if the person has previously been convicted two times for
animal cruelty.     

EFFECTIVE DATE

September 1, 2001.