Friday, December 19, 2008
New Texas bill would make it a felony to steal a pet
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A bill proposed by State Rep. Eddie Lucio, III (D-Brownsville) would make it a state jail felony to steal a pet.
The bill, HB 435, would amend the penal code to make theft of a pet a separately codified offense, and allow a penalty of up to two years in prison to be assessed to individuals who steal domesticated household pets including cats, dogs, rodents, fish, reptiles or birds. Livestock and wildlife animals would not be covered by the bill; theft of livestock and wild animals are covered in other sections of Texas law.
Under current Texas law, when people were prosecuted for stealing a family pet, they were typically prosecuted based on the value of the pet, since pets are essentially considered chattle under Texas law. Consequently, theft of a prized , pedigreed, Golden Retriever with a significant retail could essentially mean that someone who was prosecuted for stealing that type of pet would be prosecuted differently than someone who stole a mixed-breed dog a family adopted from a local animal shelter. Thus, there was a significant disparity that often made prosecution for theft of a pet fairly meaningless if the pet wasn’t a pedigreed animal with a significant retail value.
The legislation is likely crafted in response to a bizarre incident that occurred in the Rio Grande Valley city of Alice earlier this year when the mayor of that city was prosecuted for allegedly stealing a neighbor’s dog.
The bill would continue a trend by the Legislature to create additional offenses and penalties to those who harm domesticated animals. During the 80th Session of the Texas Legislature in 2007, the Legislature passed and Governor Rick Perry signed HB 2328 which significantly modified the state’s Cruelty To Animals statutes, creating the separate offense of Cruelty to Non-Livestock Animals and Cruelty to Livestock Animals.
The original cruelty to animals law was enacted by the Texas Legislature in 1973 and underwent a number of revisions including in 1997, 2001, and 2003.
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Comments
CitizenKane Anonymous
Great news...are chupacabra's exempt from felony charges?
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Travis Bush Verified
Maybe, but what happens someone steals your chupacabra?
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Russ Vandeveerdonk Verified
Great idea! Pets are ALWAYS there for you! My golden retrievers have stuck with me during all my trying times in the past. Stealing a pet, a felony, I agree!!!!
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
snowboard9 Anonymous
Oh no, more of our rights are being taken away :-)
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Jason Rice Verified
So do we see the likes of a "Fluffy Alert" on the horizon? Part of me likes this idea a lot, but yes, Snowboard, you heard the gears whirring -- I mean a felony? Like a person or a car?
Ok, the car changed my mind back. A Dodge Dart should definitely at least equal something that flings hairballs in my slippers.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Travis Bush Verified
Next thing you know, wife stealin' will be agin the law...
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
alexander troup Verified
Not my cup of tea...to covet thy neighbors pet,......A/T. Humane Socity Supporter.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Jason Rice Verified
::wife stealin'
Not so worried by that as the interest afoot to tax 'em when we sell 'em.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Travis Bush Verified
Jason, I agree..possibly the worst part of the Texas Penal Code EVAR..
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
jtmbls Anonymous
I hope this passes. And I hope they charge anyone who tries to harm someone's pet with murder or attempted murder. I had a friend with a crazy, drunk neighbor who shot two of their dogs and the police never even investigated it. It was a horrible thing to watch them go through.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Pavel Lishin Verified
Would accidentally hitting a dog with your constitute involuntary manslaughter?
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
jtmbls Anonymous
Was that a fill-in-the-blank question?
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Maybe he's censoring it for the chilluns.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
jtmbls Anonymous
Well then we should definitely include sexual assault charges.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Pavel Lishin Verified
Learn from me - always proofread your sentences to make sure you don't any words out.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
So you're still advocating hitting dogs with one's genitalia?
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
Pavel Lishin Verified
Let me just say this: I advocate nothing that is a felony!
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
jtmbls Anonymous
Travis is going to be so bummed that he missed this.
10 months, 3 weeks ago ( Link to this comment | Suggest removal )
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