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Louisiana

Senate Bill 682 (Louisiana Prohibition on Animal Fighting (failed))

Statute Details
Printable Version
Citation: Louisiana Senate Bill 682 (2001)

Citation: Louisiana Senate Bill 682 (2001)


Last Checked by Web Center Staff:

Summary:   This Louisiana Senate Bill proposed in 2001 would have expanded the definition for animal fighting from "dog fighting" to "animal fighting" and also prohibits intentional animal fighting.  The amended law would have provided for the seizure and destruction or disposition of such animals and equipment used in animal fighting and would have created penalties for violations, including imprisonment.


Statute in Full:

ORIGINAL SRS 01-957

Regular Session, 2001

SENATE BILL NO. 682

BY SENATOR DEAN

ANIMALS. Prohibits all types of animal fighting. (gov sig)

AN ACT

To amend and reenact R.S. 14:102.5(A)(1), (3), (5) and (6), and (B), and  102.6 (A), (B)(1) and (2), and (D), and 102.7, relative to criminal offenses affecting the public sensibility; to prohibit animal fighting; to permit the seizure and disposition of animals and equipment; to provide for penalties; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 14:102.5(A)(1), (3), (5) and (6), and (B), and 102.6 (A), (B)(1) and (2), and (D), and 102.7 are hereby amended and reenacted to read as follows:

§102.5. Dogfighting Animal fighting

A. No person shall intentionally do any of the following:

(1) For amusement or gain, cause any dog animal to fight with another dog animal, or cause any dogs animals to injure each other.

* * *

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CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.

ORIGINAL SRS 01-957

(3) Promote, stage, advertise, or be employed at a dogfighting an animal fighting exhibition.

* * *

(5) Own, manage, or operate any facility kept or used for the purpose of dogfighting animal fighting.

(6) Knowingly attend as a spectator at any organized dogfighting animal fighting event.

B. "Dogfighting Animal fighting" means an organized event wherein there is a display of combat between two or more dogs animals in which the fighting, killing, maiming, or injuring of a dog an animal is the significant feature, or main purpose, of the event.

* * *

§102.6. Seizure and destruction or disposition of dogs animals and equipment used in dogfighting animal fighting

A.(1) Any law enforcement officer making an arrest under R.S. 14:102.5 may lawfully take possession of all fighting dogs animals on the premises where the arrest is made or in the immediate possession or control of the person being arrested, whether or not the dogs animals are actually engaged in a fight at the time, and all paraphernalia, implements, equipment, or other property or things used or employed in violation of that Section.

(2) The legislature finds and declares that fighting dogs animals used or employed in violation of R.S. 14:102.5 are dangerous, vicious, and a threat to the health and safety of the public. Therefore, fighting dogs animals seized in accordance with this Section are declared to be contraband and, notwithstanding R.S. 14:102.1, the officer may cause them to be humanely euthanized as soon as possible by a licensed

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CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.

ORIGINAL SRS 01-957

veterinarian or a qualified technician and shall not be civilly or criminally liable for so doing. Fighting dogs animals not destroyed immediately shall be disposed of in accordance with R.S. 14:102.2.


B.(1) The officer, after taking possession of any dogs animals other than those destroyed or disposed of pursuant to Subsection A and of the other paraphernalia, implements, equipment, or other property or things, shall file with the district court of the parish within which the alleged violation occurred an affidavit stating therein the name of the person charged, a description of the property so taken and the time and place of the taking thereof, together with the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed in such violation.

(2) The seizing officer shall dispose of any dogs or other animals seized in the manner provided for in R.S. 14:102.2.

* * *

D. Upon conviction of the person so charged, all dogs animals so seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same in accordance with R.S. 14:102.2. The court may also in its discretion order the forfeiture of the bond posted, as well as payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized dog animal, as provided in R.S. 14:102.2. In the event of the acquittal or final discharge, without conviction, of the accused, the court shall, on demand, direct the delivery of the animals and other property so held in custody to the owner thereof and order the return of any bond posted pursuant to R.S. 14:102.2(C), less reasonable administrative costs.

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CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.

ORIGINAL SRS 01-957

* * *

§102.7. Search warrant for dogfighting animal fighting offenses

If complaint is made, by affidavit, to any magistrate authorized to issue search warrants in criminal cases, that the complainant has reason to believe that R.S. 14:102.5 has been violated within the past forty-eight hours, is being, or will be violated in any building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any law enforcement officer competent by law to make arrests for such offenses to make a search of said building or place, and to arrest any person found violating R.S. 14:102.5. This Section shall not be construed as a limitation on the power of law enforcement officers to seize animals or evidence at the time of arrest.

Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Todd Parker.

DIGEST

Present law defines "dogfighting" as an organized event wherein there is a display of combat between two or more dogs in which the fighting, killing, maiming, or injuring of a dog is the significant feature, or main purpose, of the event.

Proposed law changes this definition to "animal fighting".

Present law prohibits intentional dogfighting. Provides for the seizure and

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CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.

ORIGINAL SRS 01-957

destruction or disposition of dogs and equipment used in dogfighting. Provides penalties for violations, including imprisonment.

Proposed law prohibits intentional animal fighting. Provides for the seizure and destruction or disposition of such animals and equipment used in animal fighting. Provides penalties for violations, including imprisonment.

Effective upon signature by the governor or lapse of time for gubernatorial action.

(Amends R.S. 14:102.5(A)(1), (3), (5) and (6), and (B), and 102.6 (A), (B)(1) and (2), (D), and 102.7)

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CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.



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