RDCSB523 427 4251
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Morrell SB No. 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 or rooster whether
domestic or feral normally used in a cockfight.
Proposed law provides that possessing, manufacturing, buying, selling, or trading of
paraphernalia, such as spurs, gaffs, knives, leather training spur covers, and other items
normally used in cockfighting with the intent that they shall be used in a cockfight 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. However, proposed law shall not be
construed to prohibit the possessing, buying, selling, or trading of any spurs, gaffs, knives,
leather training spur covers, or any other items normally used in cockfighting which are at
least five years old and have historical value.
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. RDCSB523 427 4251
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Proposed law provides that when one chicken is subject to an act that would constitute
cockfighting, then each chicken involved constitutes a separate offense.
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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill.
1. Changed the definition of "chicken" to include gamefowl and roosters
commonly used in a cockfight.
2. Added to the crime of possessing, manufacturing, buying, trading, or
selling paraphernalia that the paraphernalia has to be intended to be used
in a cockfight.
3. Created an exception for paraphernalia that is at least five years old or
older and has historical value.