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A BILL TO BE ENTITLED
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AN ACT
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relating to certain defenses to prosecution in a criminal case that |
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are based on a fear of injury by an animal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.01(e), Penal Code, is amended to read |
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as follows: |
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(e) It is a defense to prosecution for an offense under |
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Subsection (a)(7) or (9) that the person who discharged the firearm |
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had a reasonable fear of bodily injury to the person or to another |
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by: |
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(1) a dangerous wild animal as defined by Section |
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822.101, Health and Safety Code; or |
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(2) an animal as defined by Section 42.092. |
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SECTION 2. Section 42.092(d), Penal Code, is amended to |
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read as follows: |
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(d) It is a defense to prosecution under this section that: |
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(1) the actor had a reasonable fear of bodily injury to |
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the actor or to another person by the [a dangerous wild] animal [as
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defined by Section 822.101, Health and Safety Code]; or |
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(2) the actor was engaged in bona fide experimentation |
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for scientific research. |
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SECTION 3. 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 4. This Act takes effect September 1, 2017. |