Full Statute Name:  Proposition A Makes it a Class D felony to bait or fight animals

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Primary Citation:  Proposition A (1998) Country of Origin:  United States Last Checked:  February, 2017 Date Adopted:  1998
Summary:

This 1998 ballot proposal asked, "[s]hall a statute be enacted making it a class D felony to bait or fight animals; permit such activities on premises you control; or promote, conduct, stage, advertise or collect fees for such activities; and making it a class A misdemeanor to knowingly attend baiting or fighting of animals; knowingly sell, offer for sale, or transport animals for such purposes; own, possess, manufacture or deal in cockfighting implements; bear wrestle; permit bear wrestling on premises you control; promote, conduct, stage, advertise, or collect fees for bear wrestling; or market, possess, train, or surgically alter a bear for bear wrestling?" It was passed in 1998 by 62.6% of voters.

Statute Text: 

PROPOSITION A

Proposed by Initiative Petition. Certified as sufficient by the Secretary of State August 21, 1998.

Shall a statute be enacted making it a class D felony to bait or fight animals; permit such activities on premises you control; or promote, conduct, stage, advertise or collect fees for such activities; and making it a class A misdemeanor to knowingly attend baiting or fighting of animals; knowingly sell, offer for sale, or transport animals for such purposes; own, possess, manufacture or deal in cockfighting implements; bear wrestle; permit bear wrestling on premises you control; promote, conduct, stage, advertise, or collect fees for bear wrestling; or market, possess, train, or surgically alter a bear for bear wrestling?

The estimated fiscal impact of this proposed measure on state and local governments is $0.

PROPOSITION A

Proposed by Initiative Petition

Shall a statute be enacted making it a class D felony to bait or fight animals; permit such activities on premises you control; or promote, conduct, stage, advertise or collect fees for such activities; and making it a class A misdemeanor to knowingly attend baiting or fighting of animals; knowingly sell, offer for sale, or transport animals for such purposes; own, possess, manufacture or deal in cockfighting implements; bear wrestle; permit bear wrestling on premises you control; promote, conduct, stage, advertise, or collect fees for bear wrestling; or market, possess, train, or surgically alter a bear for bear wrestling?

The estimated fiscal impact of this proposed measure on state and local governments is $0.

Be it enacted by the People of the State of Missouri:

Chapter 578 of the Revised Statutes of Missouri, 1994, is amended to add the following seven new sections to read as follows:

Section A. Definitions.-As used in sections A to G, the following terms mean:

(1) "Animal," every living vertebrate except a human being;

(2) "Baiting," to attack, provoke, or harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with other animals for the purpose of amusement, entertainment, wagering or gain;

(3) "Bear wrestling," a contest of fighting or physical altercation between one or more persons and a bear for the purpose of amusement, entertainment, wagering or gain;

(4) "Person," any individual, partnership, firm, joint stock company, corporation, association, other business unit, society, trust, estate or other legal entity, or any public or private institution.

Section B. Baiting or fighting animals-penalty.-1.Any person who commits any of the following acts is guilty of a class D felony:

(1) Baiting or fighting animals;

(2) Permitting baiting or animal fighting to be done on any premises under his charge or control;

(3) Promoting, conducting, or staging a baiting or fight between two or more animals;

(4) Advertising a baiting or fight between two or more animals;

(5) Collecting any admission fee for a baiting or fight between two or more animals.

2. Any person who commits any of the following acts is guilty of a class A misdemeanor:

(1) Knowingly attending the baiting or fighting of animals;

(2) Knowingly selling, offering for sale, shipping, or transporting any animal which has been bred or trained to bait or fight another animal;

(3) Owning or possessing any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock;

(4) Manufacturing, selling, bartering or exchanging any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock.

Section C. Bear wrestling-penalty.-Any person who commits any of the following acts is guilty of a class A misdemeanor:

(1) Bear wrestling;

(2) Permitting bear wrestling to be done on any premises under his charge or control;

(3) Promoting, conducting, or staging bear wrestling;

(4) Advertising bear wrestling;

(5) Collecting any admission fee for bear wrestling;

(6) Purchasing, selling, or possessing a bear which he knows will be used for bear wrestling;

(7) Training a bear for bear wrestling;

(8) Subjecting a bear to surgical alteration for bear wrestling.

Section D. Procedure.-Whenever an indictment is returned or a complaint is filed alleging a violation of section B or C and, in the case of a complaint, a magistrate finds probable cause that a violation has occurred, the court shall order the animals seized and shall provide for appropriate and humane care or disposition of the animals pursuant to section 578.018. This provision shall not be construed as a limitation on the power to seize animals as evidence at the time of arrest.

Section E. Exemptions.-1. The provisions of sections B and C shall not apply to:

(1) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture production or a motion picture production for television, provided sections 578.009 and 578.012 are not violated;

(2) Any person using animals to track, pursue or take wildlife or to participate in any hunting regulated by the Missouri Department of Conservation;

(3) Any person using animals to herd, work or identify livestock for agricultural purposes according to recognized animal husbandry.

2. Nothing in the provisions of sections A, B and C shall be construed to:

(1) Prohibit breeding, rearing or slaughtering poultry pursuant to the provisions of chapters 196, 262, 265, 276 and 277;

(2) Prohibit breeding or rearing game fowl when the game fowl are not intended for use in violation of the provisions of sections A, B or C;

(3) Prohibit rodeo practices currently sanctioned by the Professional Rodeo Cowboy's Association.

Section F. Injunction.-A court of competent jurisdiction may enjoin a person from a continuing violation of section B or C.

Section G. Severability.-The provisions of sections A, B, C, D, E, and F are hereby declared to be severable. If any of these provisions, or the application of any of these provisions to any person or circumstance, is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of these sections.

STATE OF MISSOURI

Secretary of State

I, REBECCA McDOWELL COOK, Secretary of State of the State of Missouri, hereby certify that the foregoing is a full, true and complete copy of Proposed Amendments to the Constitution and Statutory Proposition A, to be submitted to the qualified voters of the State of Missouri at the General Election to be held on the third day of November, 1998.

IN TESTIMONY WHEREOF, I hereunto set my hand and affix the Great Seal of the State of Missouri, done at the City of Jefferson, this 3rd day of September, 1998.

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