Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB523 Comm Sub / Analysis

                    Morrell (SB 523)	Act No. 395
New 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.
Prior law provided 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.
New law changes the definition of "chicken" to be any game fowl or rooster whether
domestic or feral normally used in a cockfight.
New 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. Requires that violators, upon
conviction of possessing, manufacturing, buying, selling or trading paraphernalia, be fined
not more than $500 or imprisoned for not more than six months, or both.
New law is not to 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.
Prior law provided 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.
New 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. Requires an offender, upon conviction of a first
offense, to perform 15 eight-hour days of court-approved community
service which requirement is not to 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.
New law provides that when one chicken is subject to an act that would constitute
cockfighting, then each chicken involved constitutes a separate offense.
New law is not to be construed to prohibit the raising of any chicken, rooster, or game fowl
for the personal enjoyment, exhibition, or agricultural pursuits as long as the purpose of the
pursuits are legal.
Effective August 1, 2014.
(Amends R.S. 14:102.23(B)(1), and (C); adds R.S. 14:102.23(D), (E) and (F))