85R2682 AJZ-F     By: Alvarado, Minjarez, Villalba, Moody H.B. No. 1087       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the offense of bestiality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.07(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if the person [he] knowingly   engages in any of the following acts in a public place or, if not in   a public place, the person [he] is reckless about whether another is   present who will be offended or alarmed by the person's [his]:                (1)  act of sexual intercourse;                (2)  act of deviate sexual intercourse; or                (3)  act of sexual contact[; or                [(4)     act involving contact between the person's mouth   or genitals and the anus or genitals of an animal or fowl].          SECTION 2.  Chapter 21, Penal Code, is amended by adding   Section 21.09 to read as follows:          Sec. 21.09.  BESTIALITY. (a)  A person commits an offense if   the person knowingly:                (1)  engages in an act involving contact between:                      (A)  the person's mouth, anus, or genitals and the   anus or genitals of an animal; or                      (B)  the person's anus or genitals and the mouth   of the animal;                (2)  fondles or touches the anus or genitals of an   animal, including touching through clothing;                (3)  causes an animal to contact the seminal fluid of   the person;                (4)  inserts any part of a person's body or any object   into the anus or genitals of an animal;                (5)  possesses, sells, transfers, purchases, or   otherwise obtains an animal with the intent that the animal be used   for conduct described by Subdivision (1), (2), (3), or (4);                (6)  organizes, promotes, conducts, or participates as   an observer of conduct described by Subdivision (1), (2), (3), or   (4);                (7)  causes a person to engage or aids a person in   engaging in conduct described by Subdivision (1), (2), (3), or (4);                (8)  permits conduct described by Subdivision (1), (2),   (3), or (4) to occur on any premises under the person's control;                (9)  engages in conduct described by Subdivision (1),   (2), (3), or (4) in the presence of a child younger than 18 years of   age; or                (10)  advertises, offers, or accepts the offer of an   animal with the intent that the animal be used in this state for   conduct described by Subdivision (1), (2), (3), or (4).          (b)  An offense under this section is a state jail felony,   unless the offense is committed under Subsection (a)(9) or results   in serious bodily injury or death of the animal, in which event the   offense is a felony of the second degree.          (c)  It is a defense to prosecution under this section that   the conduct engaged in by the actor is a generally accepted and   otherwise lawful animal husbandry or veterinary practice.          SECTION 3.  Article 42A.511, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.511.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES   INVOLVING ANIMALS.  (a)  If a judge grants community supervision to   a defendant convicted of an offense under Section 42.09, 42.091,   42.092, or 42.10, Penal Code, the judge may require the defendant to   attend a responsible pet owner course sponsored by a municipal   animal shelter, as defined by Section 823.001, Health and Safety   Code, that:                (1)  receives federal, state, county, or municipal   funds; and                (2)  serves the county in which the court is located.          (b)  If a judge grants community supervision to a defendant   convicted of an offense under Section 21.09, Penal Code, the judge   may:                (1)  require the defendant to relinquish custody of any   animals in the defendant's possession;                (2)  prohibit the defendant from possessing or   exercising control over any animals or residing in a household   where animals are present; or                (3)  require the defendant to participate in   psychological counseling or other appropriate treatment program   for a period to be determined by the court.          SECTION 4.  Article 62.001(5), Code of Criminal Procedure,   is amended to read as follows:                (5)  "Reportable conviction or adjudication" means a   conviction or adjudication, including an adjudication of   delinquent conduct or a deferred adjudication, that, regardless of   the pendency of an appeal, is a conviction for or an adjudication   for or based on:                      (A)  a violation of Section 21.02 (Continuous   sexual abuse of young child or children), 21.09 (Bestiality), 21.11   (Indecency with a child), 22.011 (Sexual assault), 22.021   (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),   Penal Code;                      (B)  a violation of Section 43.05 (Compelling   prostitution), 43.25 (Sexual performance by a child), or 43.26   (Possession or promotion of child pornography), Penal Code;                      (B-1)  a violation of Section 43.02   (Prostitution), Penal Code, if the offense is punishable under   Subsection (c)(3) of that section;                      (C)  a violation of Section 20.04(a)(4)   (Aggravated kidnapping), Penal Code, if the actor committed the   offense or engaged in the conduct with intent to violate or abuse   the victim sexually;                      (D)  a violation of Section 30.02 (Burglary),   Penal Code, if the offense or conduct is punishable under   Subsection (d) of that section and the actor committed the offense   or engaged in the conduct with intent to commit a felony listed in   Paragraph (A) or (C);                      (E)  a violation of Section 20.02 (Unlawful   restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),   Penal Code, if, as applicable:                            (i)  the judgment in the case contains an   affirmative finding under Article 42.015; or                            (ii)  the order in the hearing or the papers   in the case contain an affirmative finding that the victim or   intended victim was younger than 17 years of age;                      (F)  the second violation of Section 21.08   (Indecent exposure), Penal Code, but not if the second violation   results in a deferred adjudication;                      (G)  an attempt, conspiracy, or solicitation, as   defined by Chapter 15, Penal Code, to commit an offense or engage in   conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);                      (H)  a violation of the laws of another state,   federal law, the laws of a foreign country, or the Uniform Code of   Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),   (G), (J), or (K), but not if the violation results in a deferred   adjudication;                      (I)  the second violation of the laws of another   state, federal law, the laws of a foreign country, or the Uniform   Code of Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of the offense of indecent exposure, but not if the second violation   results in a deferred adjudication;                      (J)  a violation of Section 33.021 (Online   solicitation of a minor), Penal Code; or                      (K)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code.          SECTION 5.  Section 821.021(1), Health and Safety Code, is   amended to read as follows:                (1)  "Cruelly treated" includes tortured, seriously   overworked, unreasonably abandoned, unreasonably deprived of   necessary food, care, or shelter, cruelly confined, [or] caused to   fight with another animal, or subjected to conduct prohibited by   Section 21.09, Penal Code.          SECTION 6.  Section 821.023, Health and Safety Code, is   amended by adding Subsection (a-1) and amending Subsection (b) to   read as follows:          (a-1)  A finding in a court of competent jurisdiction that a   person is guilty of an offense under Section 21.09, Penal Code, is   prima facie evidence at a hearing authorized by Section 821.022   that any animal in the person's possession has been cruelly   treated, regardless of whether the animal was subjected to conduct   prohibited by Section 21.09, Penal Code.          (b)  A statement of an owner made at a hearing provided for   under this subchapter is not admissible in a trial of the owner for   an offense under Section 21.09, 42.09, or 42.092, Penal Code.          SECTION 7.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 8.  This Act takes effect September 1, 2017.