Tag: Louisiana

Louisiana House Bill 1244 – Ban on Hog-Dog Competitions

Regular Session 2004
HOUSE BILL NO 1244

BY REPRESENTATIVE TRICHE

ANIMALS Prohibits hog and canine fighting

AN ACT 1
To enact R S 14 102.19 relative to offenses affecting the public sensibility to create the 2
crime of hog and canine fighting to provide for exceptions to provide for penalties 3
to provide for definitions and to provide for related matters 4
Be it enacted by the Legislature of Louisiana 5
Section 1 R S 14 102.19 is hereby enacted to read as follows 6

102.19 Hog and canine fighting prohibited penalties 7
A It shall be unlawful for any person to organize or conduct any commercial 8
or private event wherein there is a display of combat or fighting among one or more 9
domestic or feral canines and feral or domestic hogs and in which it is intended or 10
reasonably foreseeable that the canines or hogs would be injured maimed mutilated 11
or killed 12
B It shall be unlawful for any person to intentionally do any of the following 13
for the purpose of organizing conducting or financially or materially supporting any 14
event as provided in Subsection A of this Section 15

1 Finance commercially advertise sell admission tickets or employ 16
persons 17
2 Own manage or operate any facility or property 18
3 Supply breed train or keep canines or hogs 19
4 Knowingly purchase tickets of admission 20
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HLS 04 1930 REENGROSSED
H B NO 1244

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C The provisions of this Section shall not apply to any competitive event in 1
which canines which are trained for hunting or herding activities are released in an 2
open area or an enclosed area to locate and corner hogs and in which competitive 3
points are deducted if a hog is caught and held unless by such actions it is reasonably 4

foreseeable that the canines or hogs would be injured maimed mutilated or killed 5
D The provisions of this Section shall not apply to the lawful hunting of 6
hogs with dogs or the use of canines for the management farming or herding of hogs 7
which are livestock 8
E The provisions of this Section shall not apply to Uncle Earl’s Hog Dog 9
Trials as defined in R S 49 170.10 10
F Whoever violates the provisions of this Section shall be fined not more 11
than one thousand dollars or imprisoned for not more than six months or both 12
G For the purposes of this Section hog shall include a pig swine or boar 13

DIGEST
The digest printed below was prepared by House Legislative Services It constitutes no part
of the legislative instrument

Triche HB No 1244
Abstract Provides for the crime of hog and canine fighting
Proposed law provides that it shall be unlawful for any person to organize or conduct any
commercial or private event wherein there is a display of combat or fighting among one or

more domestic or feral canines and feral or domestic hogs and in which it is intended or
reasonably foreseeable that the canines or hogs would be injured maimed mutilated or
killed

Proposed law provides that it shall be unlawful for any person to intentionally do any of the
following for the purpose of organizing conducting or financially or materially supporting
any hog and canine fighting event

1 Finance commercially advertise supply materials sell tickets of admission or
employ persons

2 Own manage or operate any facility or property
3 Supply breed train or keep canines or hogs
4 Knowingly purchase tickets of admission

Proposed law provides that this crime shall not apply to any competitive event in which
canines which are trained for hunting or herding activities are released in an open or
enclosed area to locate and corner hogs and in which competitive points are deducted if a
hog is caught and held unless by such actions it is reasonably foreseeable that the canines
or hogs would be injured maimed mutilated or killed
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H B NO 1244

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Proposed law further provides that this crime shall not apply to lawful hunting with dogs or
the use of canines for the management farming or herding of hogs which are livestock

Proposed law creates an exception to the crime for Uncle Earl’s Hog Dog Trials as defined
in present law

Proposed law provides penalties of a fine of not more than 1,000 and imprisonment for not
more than six months or both

Proposed law defines hog as a pig swine or boar
Adds R S 14 102.19
Summary of Amendments Adopted by House

Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill

1 Revises the bill to prohibit dog and canine fighting and adds activities which are
prohibited

2 Creates an exception for Uncle Earl’s Hog Dog Trials hunting and the use of
canines for the management farming or herding of hogs

3 Creates an exception for any competitive event in which canines which are

trained for hunting or herding activities are released in an enclosed area to locate
and corner hogs and in which competitive points are deducted if a hog is caught
and held unless by such actions it is reasonably foreseeable that the canines or
hogs would be injured maimed mutilated or killed

Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill
1 Added an additional exclusion from proposed law prohibitions for certain
competitive events involving the release of hogs into an open area

2 Added an additional exclusion from proposed law prohibitions for the use of
canines for the management farming or herding of hogs which are livestock

3 Added definition of a hog

Louisiana's Hog-Dog Debate

Louisiana is one of the last states where cockfighting remains legal, but lately its another form of animal fighting — dogs vs. hogs — that has lawmakers looking to amend state law.

The state House in May overwhelmingly passed a ban on so called hog-dog competitions by a 77-24 margin with 4 abstentions. The proposed ban now goes not to the state Senate. The proposed bill reads, in part,

It shall be unlawful for any person to organize or conduct any commercial
or private event wherein there is a display of combat or fighting among one or more
domestic or feral canines and feral or domestic hogs and in which it is intended or
reasonably foreseeable that the canines or hogs would be injured maimed mutilated
or killed.

Apparently rural hunters use dogs to hunt down and kill feral pigs. They train such dogs by using domesticated hogs and hold competitions for such dogs. Opponents of the bill have tried to cast the dispute as one of urban dwellers failing to understand and denigrating rural culture.

Some of that criticism led to a gaping loophole to be added to the legislation that allows hog-dog competitions to be continued for training purposes,

The provisions of this Section shall not apply to any competitive event in
which canines which are trained for hunting or herding activities are released in an
open area or an enclosed area to locate and corner hogs and in which competitive
points are deducted if a hog is caught and held unless by such actions it is reasonably
foreseeable that the canines or hogs would be injured maimed mutilated or killed.

Proponents of the legislation say it is needed because local prosecutors simply won’t bring hog-dog competitions to court under existing animal cruelty statues, but are they really going to be excited to bring cases that will rest on whether or not a jury can be convinced that such a competition was or was not for training purposes? Color me skeptical.

The full text of the proposed bill can be read here.

Source:

Friends, foes spell out hog-dog positions. Chris Frink, The Advocate (Baton Rouge, Louisiana), May 12, 2004.

Judge Rules Against Louisiana Sheriff Who Declared Cockfighting Cruel

Although Louisiana is one of the last two states where cockfighting is legal, Caddo Parish Sheriff Steve Prator had nonetheless cited cockfighters since November 2003 under the parish’s animal cruelty law. In early February, however, state Judge Charles Scott ruled that Prator must cease enforcing the local animal cruelty statute where it is in conflict with the state statute, meaning the cockfights must be allowed to go on.

Scott said the case was not about whether or not cockfighting was barbaric, but rather whether local animal cruelty statutes could trump the state statute. In his decision, Scott wrote,

Some may call it barbaric. Some may call it sport. Others may call it business. Whatever your view, this case is about whether persons in Caddo Parish may rely on state law, which does not prohibit cockfighting, or whether they are subject to fine and/or jail under the parish ordinance.

When citizens of this state, and those visiting from outside this state, cannot rely on state law to govern their conduct but must instead be fearful of criminal penalties from a parish ordinance which is in conflict with state law, the residual police power of the state has been abridged by the conflicting ordinance and cannot stand.

Prator said that his office would immediately end its efforts to block a couple of local cockfighting arenas. Prator told the Shreveport Times,

We were just awaiting the judge to tell us which law to enforce, and so now we’ve got that and we’ll act accordingly. Our job is not to determine the morality of an activity, but to enforce any and all laws applicable to that activity. In this case the judge says we should not enforce the parish law and therefore we won’t. It doesn’t really ruffle my feathers.

Humane Society of the United States’ Wayne Pacelle had attended the hearing when the judge heard from both sides and said he was disappointed by the outcome. “We’re disappointed that the judge is going to allow this animal cruelty to continue in Caddo Parish,” Pacelle told the Shreveport Times. “It seems a clear matter of law that the parish can decide for itself to outlaw instigated fights between animals.”

Sources:

Judge: Caddo sheriff can’t stop cockfights. Don Walker, Shreveport Times (Louisiana), February 4, 2004.

Judge’s ruling allows cockfighting in Caddo Parish. Associated Press, February 3, 2004.

FBI Offers $20,000 Reward in Louisiana State University Case

The FBI announced in January that it is offering a $20,000 reward for information leading to the arrest of those responsible for the September 2003 attack by the Animal Liberation Front on a Louisiana State University lab.

The ALF claimed responsibility for the vandalism at the university’s Inhalation Toxicology Research Facility. Activists destroyed computers and other lab equipment used to study smoke and other toxins that can contribute to cardiovascular and respiratory disease. The attack caused an estimated $250,000 in damage.

Anyone with information should contact their local FBI office.

Sources:

Reward offered for break-in information. Amanda McElfresh, The Reveille (Louisiana State University), January 30, 2004.

$20,000 Reward Offered for Lab Info. The Advocate (Baton Rouge, Louisiana), January 28, 2004.