Texas Enacts Law Preventing Animal Cruelty Convicts from Possessing Animals for Five Years

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Texas legislators have tightened the reins on animal ownership for those found guilty of animal cruelty. Five years after their conviction, they will be barred from owning animals. Under House Bill 598, spearheaded by state Rep. Matt Shaheen from Plano, this ban isn’t just confined to individuals involved in dog fighting. It also encompasses those who harm assistance animals or those convicted of maltreatment to non-livestock animals, as outlined in the Texas penal code, comparable codes in other states, or federal guidelines.

While offenders can reside in homes with animals, they’re prohibited from owning them. Shaheen clarified that there’s no provision allowing offenders to own assistance animals within five years, a position he firmly backs.

“Our animals must be well-cared for,” Shaheen stated. “Any form of animal mistreatment won’t be tolerated.”

Should an offender be discovered with an animal during this period, they risk facing a Class C misdemeanor, resulting in a potential fine of up to $500. Repeated offenses elevate the charge to a Class B misdemeanor, resulting in a fine as high as $2,000 and the potential for up to 180 days in jail.

In the 2021 legislative session, Shaheen’s attempt to pass a similar bill was unsuccessful. However, he chose to reintroduce the legislation, prompted by feedback from his constituents, who were astonished that such a ban wasn’t already in place. The new law was enacted last Friday, marking one of the 774 legislative decisions made by the Texas Legislature this term.
While incidents of animal cruelty are uncommon, Shaheen emphasized the necessity to pinpoint those guilty to curb potential future infractions.

Shelby Bobosky, the Texas Humane Legislation Network’s executive director and an adjunct professor at Southern Methodist University’s Dedman School of Law specializing in animal and wildlife law, pointed out that many animal cruelty culprits tend to re-offend, sometimes shortly after resolving their prior legal issues.

“Implementing possession bans is a crucial strategy to deter individuals convicted of animal cruelty from repeating their offenses,” Bobosky commented.

Wayne Pacelle, the founder and president of the Animal Wellness Action based in Washington D.C., asserted that instances of mistreatment, like animal abuse, often signify “a deeper decline in compassion towards others.” This necessitates vigilant post-conviction surveillance by the police.

“In the larger perspective, owning a pet or any other animal, be it in one’s home or on their property, should be viewed as a privilege rather than an inherent right,” Pacelle articulated in an email.

Bobosky highlighted that acts of violence against animals could be an alarming indicator of an intention to harm humans. She mentioned the Uvalde school shooter, who had shared videos of his abusive actions towards animals on social media. By intensifying the prosecution of animal cruelty, Bobosky believes there’s potential to avert other violent acts.

“Coupled with psychological assessments and appropriate therapy, these legal sanctions can help target the underlying causes of such behaviors,” said Bobosky. “Finding means to intervene is crucial from our perspective.”

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