81R2965 GCB-D
By: Christian H.B. No. 1320
A BILL TO BE ENTITLED
AN ACT
relating to the creation of offenses relating to cockfighting and
to the forfeiture of cockfighting equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Penal Code, is amended by adding
Section 42.105 to read as follows:
Sec. 42.105. COCKFIGHTING. (a) In this section:
(1) "Cock" means the male of any type of domestic fowl.
(2) "Cockfighting" means any situation in which one
cock attacks or fights with another cock.
(3) "Gaff" means an artificial steel spur designed to
attach to the leg of a cock to replace or supplement the cock's
natural spur.
(4) "Slasher" means a steel weapon resembling a curved
knife blade designed to attach to the foot of a cock.
(b) A person commits an offense if the person knowingly:
(1) causes a cock to fight with another cock;
(2) participates in the earnings of or operates a
facility used for cockfighting;
(3) uses or permits another to use any real estate,
building, room, tent, arena, or other property for cockfighting;
(4) owns or trains a cock with the intent that the cock
be used in an exhibition of cockfighting;
(5) manufactures, buys, sells, barters, exchanges,
possesses, advertises, or otherwise offers a gaff, slasher, or
other sharp implement designed for attachment to a cock with the
intent that the implement be used in cockfighting; or
(6) attends as a spectator an exhibition of
cockfighting.
(c) An offense under Subsection (b)(1), (2), (3), or (5) is
a state jail felony. An offense under Subsection (b)(6) is a Class
A misdemeanor. An offense under Subsection (b)(4) is a Class C
misdemeanor.
SECTION 2. Articles 18.18(a), (b), (e), and (f), Code of
Criminal Procedure, are amended to read as follows:
(a) Following the final conviction of a person for
possession of a gambling device or equipment, altered gambling
equipment, or gambling paraphernalia, for an offense involving a
criminal instrument, for an offense involving an obscene device or
material, for an offense involving child pornography, or for an
offense involving a scanning device or re-encoder, the court
entering the judgment of conviction shall order that the machine,
device, gambling equipment or gambling paraphernalia, instrument,
obscene device or material, child pornography, or scanning device
or re-encoder be destroyed or forfeited to the state. Not later
than the 30th day after the final conviction of a person for an
offense involving a prohibited weapon, the court entering the
judgment of conviction on its own motion, on the motion of the
prosecuting attorney in the case, or on the motion of the law
enforcement agency initiating the complaint on notice to the
prosecuting attorney in the case if the prosecutor fails to move for
the order shall order that the prohibited weapon be destroyed or
forfeited to the law enforcement agency that initiated the
complaint. If the court fails to enter the order within the time
required by this subsection, any magistrate in the county in which
the offense occurred may enter the order. Following the final
conviction of a person for an offense involving dog fighting or
cockfighting, the court entering the judgment of conviction shall
order that any dog-fighting or cockfighting equipment be destroyed
or forfeited to the state. Destruction of dogs and cocks, if
necessary, must be carried out by a veterinarian licensed in this
state or, if one is not available, by trained personnel of a humane
society or an animal shelter. If forfeited, the court shall order
the contraband delivered to the state, any political subdivision of
the state, or to any state institution or agency. If gambling
proceeds were seized, the court shall order them forfeited to the
state and shall transmit them to the grand jury of the county in
which they were seized for use in investigating alleged violations
of the Penal Code, or to the state, any political subdivision of the
state, or to any state institution or agency.
(b) If there is no prosecution or conviction following
seizure, the magistrate to whom the return was made shall notify in
writing the person found in possession of the alleged gambling
device or equipment, altered gambling equipment or gambling
paraphernalia, gambling proceeds, prohibited weapon, obscene
device or material, child pornography, scanning device or
re-encoder, criminal instrument, or dog-fighting or cockfighting
equipment to show cause why the property seized should not be
destroyed or the proceeds forfeited. The magistrate, on the motion
of the law enforcement agency seizing a prohibited weapon, shall
order the weapon destroyed or forfeited to the law enforcement
agency seizing the weapon, unless a person shows cause as to why the
prohibited weapon should not be destroyed or forfeited. A law
enforcement agency shall make a motion under this section in a
timely manner after the time at which the agency is informed in
writing by the attorney representing the state that no prosecution
will arise from the seizure.
(e) Any person interested in the alleged gambling device or
equipment, altered gambling equipment or gambling paraphernalia,
gambling proceeds, prohibited weapon, obscene device or material,
child pornography, scanning device or re-encoder, criminal
instrument, or dog-fighting or cockfighting equipment seized must
appear before the magistrate on the 20th day following the date the
notice was mailed or posted. Failure to timely appear forfeits any
interest the person may have in the property or proceeds seized, and
no person after failing to timely appear may contest destruction or
forfeiture.
(f) If a person timely appears to show cause why the
property or proceeds should not be destroyed or forfeited, the
magistrate shall conduct a hearing on the issue and determine the
nature of property or proceeds and the person's interest therein.
Unless the person proves by a preponderance of the evidence that the
property or proceeds is not gambling equipment, altered gambling
equipment, gambling paraphernalia, gambling device, gambling
proceeds, prohibited weapon, obscene device or material, child
pornography, criminal instrument, scanning device or re-encoder,
or dog-fighting or cockfighting equipment and that he is entitled
to possession, the magistrate shall dispose of the property or
proceeds in accordance with Paragraph (a) of this article.
SECTION 3. Article 18.18(g), Code of Criminal Procedure, as
effective April 1, 2009, is amended to read as follows:
(g) For purposes of this article:
(1) "criminal instrument" has the meaning defined in
the Penal Code;
(2) "gambling device or equipment, altered gambling
equipment or gambling paraphernalia" has the meaning defined in the
Penal Code;
(3) "prohibited weapon" has the meaning defined in the
Penal Code;
(4) "dog-fighting equipment" means:
(A) equipment used for training or handling a
fighting dog, including a harness, treadmill, cage, decoy, pen,
house for keeping a fighting dog, feeding apparatus, or training
pen;
(B) equipment used for transporting a fighting
dog, including any automobile, or other vehicle, and its
appurtenances which are intended to be used as a vehicle for
transporting a fighting dog;
(C) equipment used to promote or advertise an
exhibition of dog fighting, including a printing press or similar
equipment, paper, ink, or photography equipment; or
(D) a dog trained, being trained, or intended to
be used to fight with another dog;
(4-a) "cockfighting equipment" means:
(A) equipment used for training or handling a
fighting cock, including a cage, decoy, gaff, slasher, pen, house
for keeping a fighting cock, feeding apparatus, or training pen;
(B) equipment used for transporting a fighting
cock, including any automobile or other vehicle and its
appurtenances that are intended to be used as a vehicle for
transporting a fighting cock;
(C) equipment used to promote or advertise an
exhibition of cockfighting, including a printing press or similar
equipment, paper, ink, or photography equipment; or
(D) a cock trained, being trained, or intended to
be used to fight with another cock;
(4-b) "gaff" and "slasher" have the meanings assigned
by Section 42.105, Penal Code;
(5) "obscene device" and "obscene" have the meanings
assigned by Section 43.21, Penal Code;
(6) "re-encoder" has the meaning assigned by Section
522.001, Business & Commerce Code;
(7) "scanning device" has the meaning assigned by
Section 522.001, Business & Commerce Code; and
(8) "obscene material" and "child pornography"
include digital images and the media and equipment on which those
images are stored.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 5. This Act takes effect September 1, 2009.