Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB523 Introduced / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 523
BY SENATOR MORRELL 
CRIME/PUNISHMENT.  Provides relative to the crime of cockfighting. (8/1/14)
AN ACT1
To amend and reenact R.S. 14:102.23(A)(2), (B)(1), and (C) and to enact R.S. 14:102.23(D),2
relative to the crime of cockfighting; to provide for definitions; to provide that3
possession of certain paraphernalia may be admissible as evidence of a violation; to4
provide penalties upon conviction of cockfighting; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:102.23(A)(2), (B)(1), and (C) are hereby amended and reenacted7
and R.S. 14:102.23(D) is hereby enacted to read as follows: 8
ยง102.23. Cockfighting9
A. It shall be unlawful for any person to:10
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(2) Possess, train, purchase, or sell any chicken, gamefowl, rooster, or other12
bird with the intent that the chicken, gamefowl, rooster, or other bird shall be13
engaged in an unlawful commercial or private cockfight as prohibited in Paragraph14
(1) of this Subsection.15
B. As used in this Section, the following words and phrases have the16
following meanings ascribed to them:17 SB NO. 523
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) "Chicken" means any bird which is of the species Gallus gallus,1
gamefowl, rooster, or other bird, whether domestic or feral.2
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C. Possessing, manufacturing, buying, selling, or trading of4
paraphernalia such as spurs, gaffs, knives, leather training spur covers, and5
other items normally used in cockfighting together with evidence that the6
paraphernalia is being used or intended for use in the unlawful training of a7
chicken to fight with another chicken, along with the possession of any such8
chicken, shall be admissible as evidence of a violation of this Section.9
D.(1) Whoever violates the provisions of this Section, on conviction of a first10
offense, shall be fined not more than one thousand dollars, or imprisoned for not11
more than six months, or both.12
(2) On a conviction of a second offense, the offender shall be fined not less13
than seven hundred fifty dollars, nor more than two thousand dollars, or imprisoned,14
with or without hard labor, for not less than six months nor more than one year, or15
both. In addition to any other penalty imposed, on a conviction of a second first16
offense, the offender shall be ordered to perform fifteen eight-hour days of court-17
approved community service. The community service requirement shall not be18
suspended.19
(3) (2) On a conviction of a third second offense, the offender shall be fined20
not less than one thousand dollars, nor more than two thousand dollars, and shall be21
imprisoned, with or without hard labor, for not less than one year nor more than three22
years. At least six months of the sentence imposed shall be served without benefit23
of parole, probation, or suspension of sentence.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Morrell (SB 523)
Proposed law provides that it is illegal to possess, train, purchase, or sell any chicken,
gamefowl, rooster, or other bird with the intent that the chicken, gamefowl, rooster, or other
bird will engage in an unlawful commercial or private cockfight. SB NO. 523
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides for the definition of "chicken" as any bird which is of the species of
Gallus gallus, whether domestic or feral, for the purposes of the crime of cockfighting.
Proposed law changes the definition of "chicken" to be any bird, gamefowl, rooster, or other
bird, whether domestic or feral.
Proposed law provides that possessing, manufacturing, buying, selling, trading of
paraphernalia, such as spurs, gaffs, knives, leather training spur covers and other items
normally used in cockfighting together with evidence that the paraphernalia is being used
or intended for use in the unlawful training of a chicken to fight with another chicken, along
with the possession of any such chicken shall be admissible as evidence of a violation.
Present law provides for the following penalties on conviction of cockfighting:
First offense: Fined not more than $1,000, or imprisoned for not more than six
months, or both.
Second offense:Fined not less than $750, nor more than $2,000, or imprisoned with
or without hard labor, for not less than six months, nor more than one
year, or both. Upon conviction of second offense, the offender shall
be ordered to perform 15 eight-hour days of court-approved
community service that shall not be suspended.
Third offense: Fined not less than $1,000, nor more than $2,000 and imprisoned
with or without hard labor, for not less than one year nor more than
three years, and requires that a minimum of six months of the
sentence be served without benefit of parole, probation, or suspension
of sentence.
Proposed law provides for the following penalties on conviction of cockfighting:
First offense: Fined not less than $750, nor more than $2,000, or imprisoned with
or without hard labor, for not less than six months, nor more than one
year, or both. Upon conviction of a second offense, the offender shall
be ordered to perform 15 eight-hour days of court-approved
community service that shall not be suspended.
Second offense:Fined not less than $1,000, nor more than $2,000 and imprisoned
with or without hard labor, for not less than one year nor more than
three years, and requires that a minimum of six months of the
sentence be served without benefit of parole, probation, or suspension
of sentence.
Effective August 1, 2014.
(Amends R.S. 14:102.23(A)(2), (B)(1), and (C); adds R.S. 14:102.23(D))