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Current Status Bill Number:View additional legislative information at the LPITS web site.650 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010426 Primary Sponsor:Hawkins All Sponsors:Hawkins and Leventis Drafted Document Number:l:\council\bills\swb\5369djc01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Cockfighting, unlawful to breed or train rooster or game fowl for purpose of; Crimes and Offenses, Animals History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010426 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-17-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO PROVIDE DEFINITIONS RELATING TO COCKFIGHTING, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEND, WITNESS AS A SPECTATOR, OR BE PRESENT AT COCKFIGHTING IN THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO BREED, TRAIN, POSSESS, OR OWN A COCK, GAMECOCK, ROOSTER, OR GAME FOWL FOR THE PURPOSE OF FIGHTING, COCKFIGHTING, OR BAITING, OR TO FINANCE, INVEST IN, ADVERTISE, ARRANGE, OR ENGAGE IN COCKFIGHTING OR BAITING, OR TO ACQUIRE OR MAKE FACILITIES AVAILABLE FOR COCKFIGHTING, TO PROVIDE WHEN IT MAY BE INFERRED THAT A PERSON BRED, TRAINED, OWNED, OR POSSESSED A COCK, GAMECOCK, ROOSTER, OR GAME FOWL FOR PURPOSES OF FIGHTING, COCKFIGHTING, OR BAITING, TO PROVIDE FOR SEIZURE OF ANY COCK, GAMECOCK, ROOSTER, OR GAME FOWL USED IN COCKFIGHTING AND FOR THEIR HUMANE DISPOSITION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-650 of the 1976 Code is amended to read:
"Section 16-17-650. (A) As used in this section:
(1) 'Baiting' means to provoke or to harass a cock, gamecock, rooster, or game fowl in any manner for the purpose of training a cock, gamecock, rooster or game fowl for cockfighting, or to cause a cock to engage in a fight or fights with or among other cocks, roosters, or game fowl.
(2) 'Breed', or in the past tense 'bred', means to bring about, engender, produce offspring of a cock, rooster, or game fowl, or to cause a cock, rooster, or fowl to hatch, or reproduce its kind by natural or controlled mating, or to rear, train, or bring up a cock, rooster, or game fowl.
(3) 'Cock' means an adult male chicken, a gamecock, a rooster, or the adult male of any other bird or game fowl, domestic or wild.
(4) 'Cockfight' or 'cockfighting' means a fight or fighting by and between cocks, gamecocks, roosters, or game fowl, with or without metal or other spurs.
(5) 'Fighting' means an attack with violence by a cock, gamecock, rooster, or game fowl against another cock, gamecock, rooster, or game fowl.
(6) 'Gamecock' means a rooster or adult male of any game fowl bred, trained, or used for cockfighting.
(7) 'Game fowl' means any of several breeds of domestic fowl bred, raised, or trained for cockfighting.
(8) 'Person' means every natural person or individual and any firm, partnership, association, or corporation.
(9) 'Train' means to prepare physically, as with a regimen, to give or undergo a course of training to develop traits, skills, or characteristics, to coach in or accustom to a mode of behavior or performance, or to make proficient with specialized instruction or practice.
(B) It shall be a misdemeanor is unlawful for any person to engage in or be present at cockfighting in this State. and any person found guilty shall be fined not exceeding one hundred dollars or imprisoned for not exceeding thirty days. Any person who:
(1) is present at any structure, facility, or location where preparations are being made for fighting, cockfighting, or baiting any cock, gamecock, rooster, or game fowl with knowledge that preparations for cockfighting are being made; or
(2) is present at any structure, facility, or location with knowledge that fighting, cockfighting, or baiting of any cock, gamecock, rooster, or game fowl is taking place or is about to take place there; or
(3) violates any provision of this subsection is guilty of a misdemeanor and, upon conviction, must be punished: for a first offense by a fine of five hundred dollars or imprisonment for six months, or both; and for a second offense by a fine of one thousand dollars or imprisonment for one year, or both. Any person convicted of a third or subsequent violation of this subsection is guilty of a felony and, upon conviction, must be punished by a fine of five thousand dollars or imprisonment for five years, or both.
(C) Any person who:
(1) breeds, trains, possesses, or owns a cock, gamecock, rooster, or game fowl for the purpose of fighting, cockfighting, or baiting;
(2) finances, invests in, sponsors, advertises, arranges, causes, exhibits, is a party to, or engages in any fighting, cockfighting, or baiting of any cock, gamecock, rooster, or game fowl;
(3) purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting, cockfighting, or baiting any cock, gamecock, rooster, or game fowl; or
(4) knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting, cockfighting, or baiting any cock, gamecock, rooster, or game fowl is guilty of a felony and upon conviction must be punished by a fine of five thousand dollars or imprisoned for five years, or both.
(D) It may be inferred that a cock, gamecock, rooster, or game fowl was bred by the person who bred it, trained by person who trained it, owned by the person who owns it, and is in possession of the person having possession of it, for the purpose of fighting, cockfighting, or baiting within the meaning of this section, if, when alive and uninjured, the cock, gamecock, rooster, or game fowl is capable of fighting, cockfighting, or baiting, and if it is found alive, injured, or dead at or near a location where preparations have been or are being made for fighting, cockfighting, or baiting, or where fighting, cockfighting or baiting is taking place or is about to take place.
(E) Whenever an indictment is returned charging a violation of any provision of this section, or if an indictment is waived, the court shall order all cocks, gamecocks, roosters, or game fowl involved seized and held until final disposition of the charges and shall provide for the appropriate and humane care or disposition of all cocks, gamecocks, roosters, or game fowl seized. The provisions of this section may not be construed as a limitation on the authority under the law to seize any cock, gamecock, rooster, or game fowl as evidence at the time of an arrest. If any cock, gamecock, rooster, or game fowl seized pursuant to the provisions of this section or otherwise seized in accordance with law is unable to survive humanely the final disposition of the charges, in the opinion of the court, the court may order the humane termination of the cock, gamecock, rooster, or game fowl's life. Upon the conviction of the person charged, or upon a plea of guilty or of nolo contendere, any cock, gamecock, rooster, or game fowl involved, whose life has not been terminated, becomes the property of the State and the court shall order a humane disposition of the cock, gamecock, rooster, or game fowl.
(F) The provisions of this section are cumulative and not in lieu of any other provision of law. This section does not apply to poultry raised or prepared as food, to the lawful hunting of game birds by licensed hunters, or to game fowl in the wild.
SECTION 3. This act takes effect upon approval by the Governor.
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