Louisiana...........

Author: K CARTER	Status: ASSIGNED TO HOUSE AGRICULTURE, FORESTRY, AQUACULTURE, AND RURAL DEVELOPMENT Updated: 3/18/2004 5:51:04 PM
Summary: ANIMALS/CRUELTY: Provides with respect to the crime of cockfighting

Source: http://www.legis.state.la.us/bills/byinst.asp?sessionid=04RS&billid=HB681&doctype=ALL

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CODING: Words in struck through type are deletions from existing law; words underscored

are additions.

Regular Session 2004

HOUSE BILL NO. 681

BY REPRESENTATIVE K. CARTER

ANIMALS/CRUELTY: Provides with respect to the crime of cockfighting

AN ACT 1

To enact R.S. 14:102.19, relative to offenses affecting the public sensibility; to prohibit 2

promoting or conducting a cockfight; to provide for definitions; to prohibit the 3

possession or handling of a fighting bird at a cockfight; to prohibit the possession of 4

cockfighting weapons; to prohibit mutilation of fighting birds; to prohibit 5

employment at a cockfight; to prohibit attending a cockfight; to prohibit the breeding 6

of fighting birds; to prohibit the transportation of fighting birds; to provide penalties; 7

and to provide for related matters. 8

Be it enacted by the Legislature of Louisiana: 9

Section 1. R.S. 14:102.19 is hereby enacted to read as follows: 10

§102.19. Cockfighting 11

A. As used in this Section, the following words and phrases have the 12

following meanings ascribed to them: 13

(1) "Cockfight" means a contest wherein birds are set against one another 14

with the intention that they engage in combat. 15

(2) "Cockfighting weapon" means any object which has a point or a blade 16

and which is designed so that it can be attached to a fighting bird. The two common 17

types of "cockfighting weapon" are the "gaff", which is narrow and pointed, and the 18

"knife", which has a blade. 19

H.B. NO. 681

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(3) "Fighting bird" means any bird which is intended for participation in a 1

cockfight, or any bird (typically of the genus Gallus, but not limited to those birds) 2

derived from specific breeding of birds commonly used in a cockfight. 3

(4) "Organized cockfight" means any cockfight that is conducted as a 4

commercial enterprise. Evidence that a cockfight is an "organized cockfight" 5

includes but is not limited to a published schedule of the event, advertising of the 6

event, charging admission to the event, offering a prize in connection with the event, 7

records of wagers made in connection with the event, and scales used for the 8

weighing of fighting birds. 9

B.(1) Promoting or conducting an organized cockfight is prohibited. 10

Assisting in promoting or conducting an organized cockfight is prohibited. Whoever 11

promotes or conducts an organized cockfight or whoever assists in promoting or 12

conducting an organized cockfight shall be fined ten thousand dollars and 13

imprisoned, with or without hard labor, for not less than one year nor more than five 14

years. 15

(2) Possession or handling of a fighting bird at a cockfight is prohibited. 16

Whoever possesses or handles a fighting bird at a cockfight shall be fined not less 17

than two thousand five hundred dollars nor more than ten thousand dollars and 18

imprisoned, with or without hard labor, for not less than one year nor more than five 19

years. 20

(3) Possessing a cockfighting weapon is prohibited. Whoever possesses a 21

cockfighting weapon shall be fined one hundred dollars for each cockfighting 22

weapon possessed. In addition, the cockfighting weapon shall be confiscated and 23

destroyed. 24

(4) The amputation of the comb or the wattles from a rooster is prohibited, 25

except when performed by a licensed practicing veterinarian as a medical necessity. 26

The modification of the natural spur of a rooster for the purpose of holding a 27

cockfighting weapon is prohibited. Except for a licensed, practicing veterinarian 28

acting on the basis of a medical necessity, whoever amputates the comb or wattles 29

H.B. NO. 681

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from a rooster or modifies the natural spur of a rooster to hold a cockfighting weapon 1

shall be fined not more than one thousand dollars. 2

(5) Employment at a cockfight means to be in charge of or assist in any 3

operation or function at or in support of a cockfight, including but not limited to 4

keeping the gate, keeping records, weighing birds, and operating a concession. 5

Evidence of payment for services is not necessary to prove that a person was 6

employed at a cockfight. Employment at a cockfight is prohibited. Whoever is 7

employed at a cockfight shall be fined not less than five hundred dollars nor more 8

than one thousand dollars or imprisoned for not more than six months, or both. 9

(6) Attending a cockfight is prohibited. Whoever attends a cockfight shall 10

be fined not more than one thousand dollars. 11

(7) The breeding of fighting birds is prohibited. Whoever breeds a fighting 12

bird shall be fined not more than one thousand dollars or imprisoned for not more 13

than six months, or both. 14

(8) Transportation of fighting birds on any public road or across any parish 15

line is prohibited. Whoever transports fighting birds on a public road or across a 16

parish line shall be fined not less than five hundred dollars nor more than one 17

thousand dollars per count. 18

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part

of the legislative instrument.

K. Carter HB No. 681

Proposed law provides generally with respect to the crime of cockfighting. Specific

provisions are as follows:

(1) Provides definitions of "cockfight", "cockfighting weapon", "fighting bird", and

"organized cockfight".

(2) Prohibits promoting or conducting an organized cockfight - the penalty is a fine of

$10,000 and imprisonment, with or without hard labor, for one to five years.

(3) Prohibits the possession of a fighting bird at a cockfight or the handling of a fighting

bird in a cockfight - the penalty is a fine of $2,500 to $10,000 and imprisonment,

with or without hard labor, for one to five years.

H.B. NO. 681

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are additions.

(4) Prohibits the possession of cockfighting weapons - the penalty is a fine of $100 per

weapon and confiscation and destruction of the weapon.

(5) Prohibits the amputation of the comb or the wattles from a rooster (except by a

veterinarian for medical reasons) and prohibits modification of the natural spur of a

rooster to hold a cockfighting weapon - the penalty is a fine of up to $1,000.

(6) Prohibits employment at a cockfight - the penalty is a fine of $500 to $1,000, or

imprisonment for up to six months, or both.

(7) Prohibits attendance at a cockfight - the penalty is a fine of up to $1,000.

(8) Prohibits the breeding of fighting birds - the penalty is a fine of up to $1,000, or

imprisonment for up to six months, or both.

(9) Prohibits transportation of fighting birds on public roads or across parish lines - the

penalty is a fine of $500 to $1,000 per count.

(Adds R.S. 14:102.19)