Oregon........

This time, legislators must put some teeth in cockfighting law

02/07/03

Travel through some rural reaches of Oregon and you will see an unusual type of animal operation. In a grassy field, there are rows of small, wooden A-frame huts, low to the ground and neatly organized. Standing beside or perched on top of the huts are crowing, brightly colored and confident roosters. Each bird -- restrained by a short tether -- is lord of his parcel.

These birds aren't raised for meat or for show, but for combat. They are fighting cocks.

Law enforcement personnel believe Oregon has a thriving animal fighting network. The network persists because Oregon's woeful anti-cockfighting law has limp penalties and no provision to ban the raising of fighting birds.

Many of Oregon's cockfighters acknowledge they have gamecocks, but they claim they raise the birds to sell them in places such as Louisiana or the Philippines, where cockfighting is legal. Cockfighters are immune if not caught in the act of fighting their birds. House Judiciary Chairman Max Williams, R-Tigard, is seeking to correct the defects in the law by making cockfighting a felony and by banning possession of fighting birds. Last session, an identical bill passed the House on three separate occasions, but a Senate bill pushed by Sen. Ryan Deckert, D-Beaverton, failed to come to the floor because of obstructionist efforts of Sen. Roger Beyer, R-Molalla.

But cockfighting enthusiasts may not be able to duplicate their success this year. In May, a new federal law -- authored by Rep. Earl Blumenauer, D-Ore. -- takes effect and will bar any interstate shipment or any exports of fighting birds. Enactment of this legislation eliminates any logical rationale for Oregon cockfighters to have animals for fighting purposes, since state law already bans actual fights and since the federal law will preclude shipment of fighting birds outside of the state.

Cockfighting is a barbaric and inhumane activity. Cockfighters pump birds full of stimulants, strap razor-sharp knives or ice-pick-style gaffs to their legs, and place them in a pit to fight to injury or death. Birds suffer punctured lungs, gouged eyes, broken bones and other grievous injuries inflicted by the sharp metal implements. Hundreds of birds perish at a major daytime derby.

The Oregon Sheriff's Association, the Oregon Chiefs of Police and the Oregon Veterinary Medical Association support the anti-cockfighting legislation not only because of concerns about animal cruelty, but also illegal gambling, drug traffic and other crimes associated with cockfighting.

It's time to crack down on these gladiatorial spectacles. The practice is an extreme form of animal cruelty, and it should receive no protection under the law.

Wayne Pacelle is a senior vice president at The Humane Society of the United States in Washington, D.C., www.hsus.org.

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
{ +  braces and plus signs + } .

LC 1229

                         House Bill 2086

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates crime of cockfighting. Establishes maximum penalty of
five years' imprisonment, $100,000 fine, or both.
  Creates crime of participation in cockfighting. Establishes
maximum penalty of one year's imprisonment, $5,000 fine, or both.
  Provides for court to order seizure and impoundment of alleged
fighting birds.
  Provides for peace officer to take constructive possession of
bird based upon probable cause to believe bird is fighting bird.
  Creates crime of forcible recovery of fighting bird.
Establishes maximum penalty of five years' imprisonment, $100,000
fine, or both.
  Provides for forfeiture of fighting birds and other seized
property upon conviction of person for cockfighting or
participation in cockfighting.
  Includes cockfighting, participation in cockfighting and
forcible recovery of fighting bird in list of predicate offenses
for establishing racketeering activity.

                        A BILL FOR AN ACT
Relating to cockfighting; creating new provisions; and amending
  ORS 166.715 and 167.355.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 7 of this 2003 Act:
  (1) 'Cockfight' means a fight between two or more birds that is
arranged by a person and that has the purpose or probable result
of one bird inflicting injury to another bird.
  (2) 'Constructive possession' means an exercise of dominion and
control over the location and treatment of property without
taking physical possession of the property.
  (3) 'Fighting bird' means a bird that is intentionally reared
or trained for use in, or that actually is used in, a cockfight.
  (4) 'Gaff' means an artificial steel spur designed for
attachment to the leg of a fighting bird in replacement of the
bird's natural spurs.
  (5) 'Slasher' means a steel weapon resembling a curved knife
blade designed for attachment to the foot of a fighting bird. + }
  SECTION 2.  { + (1) A person commits the crime of cockfighting
if the person knowingly:

  (a) Owns, possesses, keeps, rears, trains, buys, sells or
advertises or otherwise offers to sell a fighting bird.
  (b) Promotes or participates in, or performs services in
furtherance of, the conducting of a cockfight. As used in this
paragraph, 'services in furtherance' includes, but is not limited
to, transporting spectators to a cockfight, handling fighting
birds, organizing, advertising or refereeing a cockfight and
providing, or acting as stakeholder for, money wagered on a
cockfight.
  (c) Keeps, uses or manages, or accepts payment of admission to,
a place for the conducting of a cockfight.
  (d) Suffers or permits a place in the possession or control of
the person to be occupied, kept or used for the conducting of a
cockfight.
  (e) Manufactures, buys, sells, barters, exchanges, possesses,
advertises or otherwise offers to sell a gaff, slasher or other
sharp implement designed for attachment to a fighting bird with
the intent that the gaff, slasher or other sharp implement be
used in cockfighting.
  (2) Subsection (1)(a) of this section does not apply to the
owning, possessing, keeping, rearing, buying, selling,
advertising or otherwise offering for sale of a bird for purposes
other than training the bird as a fighting bird, using or
intending to use the bird in cockfighting or supplying the bird
knowing that the bird is intended to be used in cockfighting.
  (3) Cockfighting is a Class C felony. + }
  SECTION 3.  { + (1) A person commits the crime of participation
in cockfighting if the person knowingly:
  (a) Attends a cockfight or pays admission at any location to
view or bet on a cockfight; or
  (b) Manufactures, buys, sells, barters, exchanges, possesses,
advertises or otherwise offers to sell equipment intended for use
in training or handling a fighting bird or intended for use in
enhancing the fighting ability of a fighting bird. This paragraph
does not apply to a gaff, slasher or other sharp implement
designed for attachment to a fighting bird.
  (2) Participation in cockfighting is a Class A misdemeanor. + }
  SECTION 4.  { + (1) Pursuant to ORS 133.525 to 133.703, a judge
may order the seizure of an alleged fighting bird owned,
possessed or kept by any person.
  (2) A judge ordering the seizure of an alleged fighting bird
under subsection (1) of this section may order that the bird be
impounded on the property of the owner, possessor or keeper of
the bird. If a judge orders an alleged fighting bird impounded on
the property of the owner, possessor or keeper of the bird, the
court shall order the owner, possessor or keeper to provide all
necessary care for the bird and to allow regular and continuing
inspection of the bird by a person designated by the court, or
the agent of a person designated by the court. The owner,
possessor or keeper shall pay the costs of conducting the
inspections. The court shall further order the owner, possessor
or keeper not to sell or otherwise dispose of the bird unless the
court authorizes the sale or disposition, or until the seized
bird is forfeited pursuant to an order under section 5 of this
2003 Act or restored to the person pursuant to an order under ORS
133.643. + }
  SECTION 5.  { + (1) In addition to and not in lieu of any other
penalty the court may impose upon a person convicted of
cockfighting under section 2 of this 2003 Act or participation in
cockfighting under section 3 of this 2003 Act, the court shall
include in the judgment an order for forfeiture to the city or
county where the crime occurred of the person's rights in any
property proved to have been used by the person as an
instrumentality in the commission of the crime, including any
fighting bird. This subsection does not limit the ability of the

court to dispose of a fighting bird as provided under subsection
(2) of this section.
  (2) A fighting bird is a public nuisance, regardless of whether
a person has been convicted of cockfighting or participation in
cockfighting. If a bird is ordered forfeited under subsection (1)
of this section or is proved by a preponderance of the evidence
in a forfeiture proceeding to be a fighting bird, the court shall
order that the bird be destroyed or be otherwise disposed of.
Upon the conviction of the person charged, the court shall
adjudge all of the seized property of the person to be forfeited
and shall order that the property be destroyed or otherwise
disposed of. + }
  SECTION 6.  { + (1) A peace officer having jurisdiction may,
upon probable cause to believe that a bird is a fighting bird,
take constructive possession of the bird on behalf of the law
enforcement agency employing the officer.
  (2) A peace officer who takes constructive possession of an
alleged fighting bird pursuant to this section must do the
following:
  (a) Place a tag or other device approved by the law enforcement
agency on the cage or other enclosure where the fighting bird is
located. The tag or other device must clearly state that it is
unlawful to conceal, remove or release the bird for purposes of
interfering with law enforcement agency control over the bird.
  (b) Notify the owner, possessor or keeper of the bird that the
bird has been seized by the law enforcement agency and may not be
concealed, removed or released until authorized by a court or as
provided in this section.
  (c) Promptly apply to an appropriate court for an order
described in section 4 of this 2003 Act.
  (3) If a law enforcement agency takes constructive possession
of a fighting bird under this section, the owner, possessor or
keeper of the bird shall provide all necessary care for the bird.
  (4) Constructive possession of an alleged fighting bird
pursuant to this section terminates when a court order described
in section 4 of this 2003 Act is served on the owner, possessor
or keeper of the bird, or after 24 hours, whichever occurs
first. + }
  SECTION 7.  { + (1) A person commits the crime of forcible
recovery of a fighting bird if the person knowingly dispossesses,
or knowingly attempts to dispossess, a law enforcement agency of
constructive possession of a fighting bird.
  (2) Forcible recovery of a fighting bird is a Class C
felony. + }
  SECTION 8. ORS 166.715 is amended to read:
  166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
  (1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
  (2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
  (3) 'Investigative agency' means the Department of Justice or
any district attorney.
  (4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
  (5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
  (6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
  (a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
  (A) ORS 59.005 to 59.451, 59.660 to 59.830, 59.991 and 59.995,
relating to securities;
  (B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
  (C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
  (D) ORS 162.405 to 162.425, relating to abuse of public office;
  (E) ORS 162.455, relating to interference with legislative
operation;
  (F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
  (G) ORS 163.160 to 163.205, relating to assault and related
offenses;
  (H) ORS 163.225 and 163.235, relating to kidnapping;
  (I) ORS 163.275, relating to coercion;
  (J) ORS 163.670 to 163.696, relating to sexual conduct of
children;
  (K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.125, 164.135, 164.140, 164.215, 164.225 and 164.245
to 164.270, relating to theft, burglary, criminal trespass and
related offenses;
  (L) ORS 164.315 to 164.335, relating to arson and related
offenses;
  (M) ORS 164.345 to 164.365, relating to criminal mischief;
  (N) ORS 164.395 to 164.415, relating to robbery;
  (O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
  (P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
  (Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
  (R) ORS 165.485 to 165.515, 165.540 and 165.555, relating to
communication crimes;
  (S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
  (T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.062 to 167.080, 167.087, 167.090,
167.122 to 167.137, 167.147, 167.164, 167.167, 167.212, 167.355,
167.365 and 167.370 { +  and sections 2, 3 and 7 of this 2003
Act + }, relating to prostitution, obscenity, gambling, computer
crimes involving the Oregon State Lottery, animal fighting { + ,
forcible recovery of a fighting bird + } and related offenses;
  (U) ORS 171.990, relating to legislative witnesses;
  (V) ORS 260.575 and 260.665, relating to election offenses;
  (W) ORS 314.075, relating to income tax;
  (X) ORS chapter 323, relating to cigarette taxes;
  (Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
  (Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
  (AA) ORS 463.995, relating to boxing and wrestling, as defined
in ORS 463.015;
  (BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
  (CC) ORS 475.005 to 475.285 and 475.940 to 475.999, relating to
controlled substances;
  (DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
  (EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
  (FF) ORS 658.452 or 658.991 (2) to (4), relating to farm labor
contractors;
  (GG) ORS chapter 706, relating to banking law administration;
  (HH) ORS chapter 714, relating to branch banking;
  (II) ORS chapter 716, relating to mutual savings banks;
  (JJ) ORS chapter 723, relating to credit unions;
  (KK) ORS chapter 726, relating to pawnbrokers;
  (LL) ORS 166.382 and 166.384, relating to destructive devices;
  (MM) ORS 165.074;
  (NN) ORS 59.840 to 59.965, relating to mortgage bankers and
mortgage brokers;
  (OO) ORS chapter 496, 497 or 498, relating to wildlife;
  (PP) ORS 163.355 to 163.427, relating to sexual offenses;
  (QQ) ORS 166.015, relating to riot;
  (RR) ORS 166.155 and 166.165, relating to intimidation;
  (SS) ORS chapter 696, relating to real estate and escrow;
  (TT) ORS chapter 704, relating to outfitters and guides;
  (UU) ORS 165.692, relating to making a false claim for health
care payment;
  (VV) ORS 162.117, relating to public investment fraud;
  (WW) ORS 164.170 or 164.172;
  (XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
  (YY) ORS 164.877;
  (ZZ) ORS 167.312 and 167.388; or
  (AAA) ORS 164.889.
  (b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
  (7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
  (a) In violation of any one of the following:
  (A) ORS chapter 462, relating to racing;
  (B) ORS 167.108 to 167.164, relating to gambling; or
  (C) ORS 82.010 to 82.170, relating to interest and usury.
  (b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
  (8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
  SECTION 9. ORS 167.355 is amended to read:
  167.355. (1) A person commits the crime of involvement in
animal fighting if the person:
  (a) Owns or trains an animal with the intention that the animal
engage in an exhibition of fighting;   { - or - }
  (b) Promotes, conducts, participates in or is present as a
spectator at an exhibition of fighting or preparations thereto;
  { - or - }
  (c) Keeps or uses, or in any way is connected with or
interested in the management of, or receives money for the
admission of any person to any place kept or used for the purpose
of an exhibition of fighting; or
  (d) Knowingly suffers or permits any place over which the
person has possession or control to be occupied, kept or used for
the purpose of an exhibition of fighting.
  (2) For purposes of this section:
  (a) 'Animal' means any bird, reptile, amphibian, fish or
nonhuman mammal, other than a dog.
  (b) 'Exhibition of fighting' means a public or private display
of combat between two or more animals in which the fighting,
killing, maiming or injuring of animals is a significant feature.
'Exhibition of fighting' does not include demonstrations of the
hunting or tracking skills of an animal or the lawful use of
animals for hunting, tracking or self-protection.
    { - (3) Nothing in this section applies to or prohibits any
customary practice of breeding or rearing game cocks even though
those cocks may be subsequently used in cock fighting exhibitions
outside the State of Oregon. - }
    { - (4) - }  { +  (3) + } Involvement in animal fighting is a
Class A misdemeanor.
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