Tuesday, November 10, 2015

HOUSTON, HARRIS COUNTY TX - FANNIE PEARL PHARMS WAS 58 IN NOVEMBER 2003 WHEN SHE WAS MAULED TO DEATH BY 2 PIT BULLS AND A ROTTWEILER WHILE SHE WAS WALKING DOWN THE STREET TO A BUS STOP

Candle & purple flowers
                              IN MEMORY OF FANNY PEARL PHARMS

AS OF THIS DATE THERE HAVE BEEN #472 US FATAL PIT BULL VICTIMS DOCUMENTED
Fannie Pearl Pharms was 58 in November 2003.  She suffered from arthritic knees and was walking down a southeast street to a bus stop when she was attacked by two loose pit bulls and a Rottweiler. Pharms' death was ruled accidental, and although the dogs were destroyed, the owner was not charged in the attack or cited for having loose dogs.
Pharm's niece, Cynthia Pharms,  testified in support of a bill. Since her aunt's death, Pharms has pushed for restricting ownership of breeds capable of inflicting greater injury. She also supports laws that prohibit felons from owning dogs and a $250 registration fee for certain breeds.
"The bill might make people more cautious, but I think it doesn't go far enough," Pharms said.
"I would have liked to have seen something that would affect the whole state."


By: Gattis, Anchia, Naishtat, Delisi, Rose,H.B. No. 1355
    et al.
A BILL TO BE ENTITLED
AN ACT
relating to dog attacks on persons; creating an offense.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act may be cited as "Lillian's Law" in
memory of Mrs. Lillian Stiles.  This Act is also dedicated to the
memory of Mrs. Fannie Pearl Pharms, Ms. Cheryl Marie Floyd, and all
other victims of unprovoked dog attacks.
       SECTION 2.  The heading to Subchapter A, Chapter 822, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER A.  GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR
ARE A DANGER TO PERSONS
       SECTION 3.  Section 822.001, Health and Safety Code, is
amended by adding Subdivisions (3) and (4) to read as follows:
             (3)  "Dangerous dog," "dog," "owner," and "secure
enclosure" have the meanings assigned by Section 822.041.
             (4)  "Secure" means to take steps that a reasonable
person would take to ensure a dog remains on the owner's property,
including confining the dog in an enclosure that is capable of
preventing the escape or release of the dog.
       SECTION 4.  Subchapter A, Chapter 822, Health and Safety
Code, is amended by adding Section 822.0011 to read as follows:
       Sec. 822.0011.  APPLICATION TO CERTAIN PROPERTY.  For
purposes of this subchapter, a person's property includes property
the person is entitled to possess or occupy under a lease or other
agreement.
       SECTION 5.  Section 822.005, Health and Safety Code, is
amended to read as follows:
       Sec. 822.005.  ATTACK BY DOG. (a)  A person commits an
offense if the person is the owner of a dog and the person:
             (1)  with criminal negligence fails to secure the dog
and the dog makes an unprovoked attack on another person that occurs
at a location other than the owner's property and that causes
serious bodily injury or death to the other person; or
             (2)  knows the dog is a dangerous dog and the dangerous
dog makes an unprovoked attack on another person that occurs at a
location other than a secure enclosure in which the dog is
restrained in accordance with Subchapter D and that causes serious
bodily injury or death to the other person.
       (b)  An offense under this section is a felony of the third
degree unless the attack causes death, in which event the offense is
a felony of the second degree.
       (c)  If a person is found guilty of an offense under this
section, the court may order the dog destroyed by a person listed in
Section 822.004.
       (d)  For purposes of this section, an owner knows a dog is a
dangerous dog when the owner learns as described by Section
822.042(g) the owner is the owner of a dangerous dog.
       (e)  A person who is subject to prosecution under this
section and another law may be prosecuted under either or both this
section and the other law. [PROVOCATION OR LOCATION OF ATTACK
IRRELEVANT. Except as provided by Section 822.003(f), this
subchapter applies to any dog that causes a person's death or
serious bodily injury by attacking, biting, or mauling the person,
regardless of whether the dog was provoked and regardless of where
the incident resulting in the person's death or serious bodily
injury occurred.]
       SECTION 6.  Subchapter A, Chapter 822, Health and Safety
Code, is amended by adding Sections 822.006 and 822.007 to read as
follows:
       Sec. 822.006.  DEFENSES.  (a)  It is a defense to prosecution
under Section 822.005(a) that the person is a veterinarian, a
veterinary clinic employee, a peace officer, a person employed by a
recognized animal shelter, or a person employed by this state or a
political subdivision of this state to deal with stray animals and
has temporary ownership, custody, or control of the dog in
connection with that position.
       (b)  It is a defense to prosecution under Section 822.005(a)
that the person is an employee of the Texas Department of Criminal
Justice or a law enforcement agency and trains or uses dogs for law
enforcement or corrections purposes and is training or using the
dog in connection with the person's official capacity.
       (c)  It is a defense to prosecution under Section 822.005(a)
that the person is a dog trainer or an employee of a guard dog
company under Chapter 1702, Occupations Code, and has temporary
ownership, custody, or control of the dog in connection with that
position.
       (d)  It is a defense to prosecution under Section 822.005(a)
that the person is disabled and uses the dog to provide assistance,
the dog is trained to provide assistance to a person with a
disability, and the person is using the dog to provide assistance in
connection with the person's disability.
       (e)  It is a defense to prosecution under Section 822.005(a)
that the person attacked by the dog was at the time of the attack
engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29,
and 30, Penal Code.
       Sec. 822.007.  LOCAL REGULATION OF DOGS.  This subchapter
does not prohibit a municipality or county from adopting leash or
registration requirements applicable to dogs.
       SECTION 7.  Sections 822.044(b) and (c), Health and Safety
Code, are amended to read as follows:
       (b)  An offense under this section is a Class C misdemeanor[,
unless the attack causes serious bodily injury or death, in which
event the offense is a Class A misdemeanor].
       (c)  If a person is found guilty of an offense under this
section, the court may order the dangerous dog destroyed by a person
listed in Section 822.004 [822.003].
       SECTION 8.  Section 822.044(d), Health and Safety Code, is
repealed.
       SECTION 9.  (a)  The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
       (b)  An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
       SECTION 10.  This Act takes effect September 1, 2007.

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