Texas 2009 - 81st Regular

Texas House Bill HB1320 Compare Versions

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1	1	81R2965 GCB-D
2	2	By: Christian H.B. No. 1320
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of offenses relating to cockfighting and
8	8	to the forfeiture of cockfighting equipment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 42, Penal Code, is amended by adding
11	11	Section 42.105 to read as follows:
12	12	Sec. 42.105. COCKFIGHTING. (a) In this section:
13	13	(1) "Cock" means the male of any type of domestic fowl.
14	14	(2) "Cockfighting" means any situation in which one
15	15	cock attacks or fights with another cock.
16	16	(3) "Gaff" means an artificial steel spur designed to
17	17	attach to the leg of a cock to replace or supplement the cock's
18	18	natural spur.
19	19	(4) "Slasher" means a steel weapon resembling a curved
20	20	knife blade designed to attach to the foot of a cock.
21	21	(b) A person commits an offense if the person knowingly:
22	22	(1) causes a cock to fight with another cock;
23	23	(2) participates in the earnings of or operates a
24	24	facility used for cockfighting;
25	25	(3) uses or permits another to use any real estate,
26	26	building, room, tent, arena, or other property for cockfighting;
27	27	(4) owns or trains a cock with the intent that the cock
28	28	be used in an exhibition of cockfighting;
29	29	(5) manufactures, buys, sells, barters, exchanges,
30	30	possesses, advertises, or otherwise offers a gaff, slasher, or
31	31	other sharp implement designed for attachment to a cock with the
32	32	intent that the implement be used in cockfighting; or
33	33	(6) attends as a spectator an exhibition of
34	34	cockfighting.
35	35	(c) An offense under Subsection (b)(1), (2), (3), or (5) is
36	36	a state jail felony. An offense under Subsection (b)(6) is a Class
37	37	A misdemeanor. An offense under Subsection (b)(4) is a Class C
38	38	misdemeanor.
39	39	SECTION 2. Articles 18.18(a), (b), (e), and (f), Code of
40	40	Criminal Procedure, are amended to read as follows:
41	41	(a) Following the final conviction of a person for
42	42	possession of a gambling device or equipment, altered gambling
43	43	equipment, or gambling paraphernalia, for an offense involving a
44	44	criminal instrument, for an offense involving an obscene device or
45	45	material, for an offense involving child pornography, or for an
46	46	offense involving a scanning device or re-encoder, the court
47	47	entering the judgment of conviction shall order that the machine,
48	48	device, gambling equipment or gambling paraphernalia, instrument,
49	49	obscene device or material, child pornography, or scanning device
50	50	or re-encoder be destroyed or forfeited to the state. Not later
51	51	than the 30th day after the final conviction of a person for an
52	52	offense involving a prohibited weapon, the court entering the
53	53	judgment of conviction on its own motion, on the motion of the
54	54	prosecuting attorney in the case, or on the motion of the law
55	55	enforcement agency initiating the complaint on notice to the
56	56	prosecuting attorney in the case if the prosecutor fails to move for
57	57	the order shall order that the prohibited weapon be destroyed or
58	58	forfeited to the law enforcement agency that initiated the
59	59	complaint. If the court fails to enter the order within the time
60	60	required by this subsection, any magistrate in the county in which
61	61	the offense occurred may enter the order. Following the final
62	62	conviction of a person for an offense involving dog fighting or
63	63	cockfighting, the court entering the judgment of conviction shall
64	64	order that any dog-fighting or cockfighting equipment be destroyed
65	65	or forfeited to the state. Destruction of dogs and cocks, if
66	66	necessary, must be carried out by a veterinarian licensed in this
67	67	state or, if one is not available, by trained personnel of a humane
68	68	society or an animal shelter. If forfeited, the court shall order
69	69	the contraband delivered to the state, any political subdivision of
70	70	the state, or to any state institution or agency. If gambling
71	71	proceeds were seized, the court shall order them forfeited to the
72	72	state and shall transmit them to the grand jury of the county in
73	73	which they were seized for use in investigating alleged violations
74	74	of the Penal Code, or to the state, any political subdivision of the
75	75	state, or to any state institution or agency.
76	76	(b) If there is no prosecution or conviction following
77	77	seizure, the magistrate to whom the return was made shall notify in
78	78	writing the person found in possession of the alleged gambling
79	79	device or equipment, altered gambling equipment or gambling
80	80	paraphernalia, gambling proceeds, prohibited weapon, obscene
81	81	device or material, child pornography, scanning device or
82	82	re-encoder, criminal instrument, or dog-fighting or cockfighting
83	83	equipment to show cause why the property seized should not be
84	84	destroyed or the proceeds forfeited. The magistrate, on the motion
85	85	of the law enforcement agency seizing a prohibited weapon, shall
86	86	order the weapon destroyed or forfeited to the law enforcement
87	87	agency seizing the weapon, unless a person shows cause as to why the
88	88	prohibited weapon should not be destroyed or forfeited. A law
89	89	enforcement agency shall make a motion under this section in a
90	90	timely manner after the time at which the agency is informed in
91	91	writing by the attorney representing the state that no prosecution
92	92	will arise from the seizure.
93	93	(e) Any person interested in the alleged gambling device or
94	94	equipment, altered gambling equipment or gambling paraphernalia,
95	95	gambling proceeds, prohibited weapon, obscene device or material,
96	96	child pornography, scanning device or re-encoder, criminal
97	97	instrument, or dog-fighting or cockfighting equipment seized must
98	98	appear before the magistrate on the 20th day following the date the
99	99	notice was mailed or posted. Failure to timely appear forfeits any
100	100	interest the person may have in the property or proceeds seized, and
101	101	no person after failing to timely appear may contest destruction or
102	102	forfeiture.
103	103	(f) If a person timely appears to show cause why the
104	104	property or proceeds should not be destroyed or forfeited, the
105	105	magistrate shall conduct a hearing on the issue and determine the
106	106	nature of property or proceeds and the person's interest therein.
107	107	Unless the person proves by a preponderance of the evidence that the
108	108	property or proceeds is not gambling equipment, altered gambling
109	109	equipment, gambling paraphernalia, gambling device, gambling
110	110	proceeds, prohibited weapon, obscene device or material, child
111	111	pornography, criminal instrument, scanning device or re-encoder,
112	112	or dog-fighting or cockfighting equipment and that he is entitled
113	113	to possession, the magistrate shall dispose of the property or
114	114	proceeds in accordance with Paragraph (a) of this article.
115	115	SECTION 3. Article 18.18(g), Code of Criminal Procedure, as
116	116	effective April 1, 2009, is amended to read as follows:
117	117	(g) For purposes of this article:
118	118	(1) "criminal instrument" has the meaning defined in
119	119	the Penal Code;
120	120	(2) "gambling device or equipment, altered gambling
121	121	equipment or gambling paraphernalia" has the meaning defined in the
122	122	Penal Code;
123	123	(3) "prohibited weapon" has the meaning defined in the
124	124	Penal Code;
125	125	(4) "dog-fighting equipment" means:
126	126	(A) equipment used for training or handling a
127	127	fighting dog, including a harness, treadmill, cage, decoy, pen,
128	128	house for keeping a fighting dog, feeding apparatus, or training
129	129	pen;
130	130	(B) equipment used for transporting a fighting
131	131	dog, including any automobile, or other vehicle, and its
132	132	appurtenances which are intended to be used as a vehicle for
133	133	transporting a fighting dog;
134	134	(C) equipment used to promote or advertise an
135	135	exhibition of dog fighting, including a printing press or similar
136	136	equipment, paper, ink, or photography equipment; or
137	137	(D) a dog trained, being trained, or intended to
138	138	be used to fight with another dog;
139	139	(4-a) "cockfighting equipment" means:
140	140	(A) equipment used for training or handling a
141	141	fighting cock, including a cage, decoy, gaff, slasher, pen, house
142	142	for keeping a fighting cock, feeding apparatus, or training pen;
143	143	(B) equipment used for transporting a fighting
144	144	cock, including any automobile or other vehicle and its
145	145	appurtenances that are intended to be used as a vehicle for
146	146	transporting a fighting cock;
147	147	(C) equipment used to promote or advertise an
148	148	exhibition of cockfighting, including a printing press or similar
149	149	equipment, paper, ink, or photography equipment; or
150	150	(D) a cock trained, being trained, or intended to
151	151	be used to fight with another cock;
152	152	(4-b) "gaff" and "slasher" have the meanings assigned
153	153	by Section 42.105, Penal Code;
154	154	(5) "obscene device" and "obscene" have the meanings
155	155	assigned by Section 43.21, Penal Code;
156	156	(6) "re-encoder" has the meaning assigned by Section
157	157	522.001, Business & Commerce Code;
158	158	(7) "scanning device" has the meaning assigned by
159	159	Section 522.001, Business & Commerce Code; and
160	160	(8) "obscene material" and "child pornography"
161	161	include digital images and the media and equipment on which those
162	162	images are stored.
163	163	SECTION 4. The change in law made by this Act applies only
164	164	to an offense committed on or after the effective date of this Act.
165	165	An offense committed before the effective date of this Act is
166	166	covered by the law in effect when the offense was committed, and the
167	167	former law is continued in effect for that purpose. For purposes of
168	168	this section, an offense was committed before the effective date of
169	169	this Act if any element of the offense was committed before that
170	170	date.
171	171	SECTION 5. This Act takes effect September 1, 2009.