Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB523 Engrossed / 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
and (E), relative to the crime of cockfighting; to provide for definitions; to provide3
that possession of certain paraphernalia may be admissible as evidence of a4
violation; to provide penalties upon conviction of cockfighting; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:102.23(A)(2), (B)(1), and (C) are hereby amended and reenacted8
and R.S. 14:102.23(D) and (E) are hereby enacted to read as follows: 9
ยง102.23.  Cockfighting10
A. It shall be unlawful for any person to:11
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(2) Possess, train, purchase, or sell any chicken with the intent that the13
chicken shall be engaged in an unlawful commercial or private cockfight as14
prohibited in Paragraph (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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(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
E. For the purposes of this Section, when more than one chicken is25
subject to an act that would constitute cockfighting, each chicken involved shall26
constitute a separate offense.27 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.
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Mary Dozier O'Brien.
DIGEST
Morrell (SB 523)
Proposed law provides that it is illegal to possess, train, purchase, or sell any chicken, with
the intent that the chicken will engage in an unlawful commercial or private cockfight.
Present law provides for the definition of "chicken" as any bird that 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 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.
Proposed law provides that when one chicken is acting in a manner that would constitute
cockfighting, then each chicken involved constitutes a separate offense. 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.
Effective August 1, 2014.
(Amends R.S. 14:102.23(A)(2), (B)(1), and (C); adds R.S. 14:102.23(D) and (E))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides that when one chicken is acting in a manner that would constitute
cockfighting, then each chicken involved constitutes a separate offense.
2. Technical amendments.