Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1043 by Christian (Relating to creating an offense for engaging in certain conduct relating to cockfighting.), Committee Report 1st House, Substituted
The bill would amend the Penal Code by creating the offense of cockfighting. The offense would be punishable as a state jail felony if the person causes a cock to fight with another cock, participates in the earnings of or operates a facility used for cockfighting, uses or permits another to use certain property for cockfighting, or involves certain implements used in cockfighting. The offense would be punishable as a Class A Misdemeanor if the person owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting. The offense would be punishable as a Class C or a Class A Misdemeanor if the person attends as a spectator an exhibition of cockfighting.
A Class C Misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition; no confinement). A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
Expanding the list of behaviors for which a penalty is applied for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. However, in the case of this bill, it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. It is expected that individuals who would be affected by the provision of this bill are currently being sentenced for other offenses.