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Tuesday, February 26, 2008

Bill puts bite into animal fighting

Penalties would increase for dogfighting and cockfighting, which currently is legal.

RICHMOND -- House and Senate panels voted unanimously Monday to move forward with legislation to increase penalties for animal fighting, despite last-minute pleas by a group of Virginia game fowl breeders, or "cockers."

The Senate Committee on Agriculture, Conservation and Natural Resources approved House Bill 656, which would make animal fighting a Class 1 misdemeanor, while making each of the following a Class 6 felony: possession of materials to enhance an animal's fighting ability; attending an exhibition of animal fighting; and permitting a minor to become involved in animal fighting.

The bill, sponsored by House Majority Leader Morgan Griffith, R-Salem, was largely inspired by the case of Michael Vick, the former Virginia Tech and NFL quarterback who pleaded guilty and is serving 23 months in federal prison for his role in a Surry County dogfighting ring.

It stiffens dogfighting laws but also toughens penalties for those who engage in the fighting of other animals, including game fowl. The bill does include exceptions for hunting and farming situations.

Currently, cockfighting is legal in Virginia, so long as it doesn't involve money.

Sen. Philip Puckett, D-Russell County, proposed an amendment that would exempt cockfights sponsored by the Virginia Gamefowl Breeders Association from penalties. In a letter to the Attorney General's Office, VGBA President William-Bernard Britton said association-sponsored cockfights don't involve drugs, alcohol, minors, illegal immigrants or profanity.

Richmond lawyer Scott Johnson, who spoke on behalf of the VGBA, said there are about 2,000 cockers in Virginia. He argued that cockfighting is a proud tradition that's been passed down through families for generations.

"Their sport's been here since Colonial times," Johnson said. "Think about it: When was the last time you as a committee member were asked to vote to do away with something that we've had since Colonial times?

"I can tell you without amending this bill, you certainly will be doing away with the right of life, liberty and the pursuit of happiness that these individuals have enjoyed," he said.

But others argued the cockfighters were painting a rosy picture that didn't reflect reality.

"This Walt Disney-type atmosphere they describe, family-friendly -- that's not the way it is in real life," said John Goodwin, deputy manager of animal fighting issues for the Humane Society of the United States.

Henry County Commonwealth's Attorney Bob Bushnell cited two VGBA pits in his jurisdiction: Drag Mountain Game Club and Hog Wallow.

"We have information regarding these operations," Bushnell said. "Not withstanding the rules trumpeted in this letter, minors attend. Notwithstanding the rules, there's no shortage of alcohol being consumed and served. Not withstanding this, there's plenty of folks that certainly appear to be illegal immigrants ... There is tons and tons of illegal gambling in the thousands and thousands and thousands of dollars, notwithstanding the representations in this. And there's even profanity, notwithstanding the representations in this letter."

Puckett's amendment to exempt VGBA-sponsored cockfights failed on a voice vote.

In 2007, a cockfighting raid in Mecklenburg County turned up 140 fighting birds, boxes of knives and razor-sharp spurs, seven suspected gang members and 22 illegal immigrants.

About three-quarters of the 122 people charged with various offenses were from out of state, with the vast majority from North Carolina. Most walked away with nothing more than a ticket.

Sen. Roscoe Reynolds, D-Henry County, carried a bill to make cockfighting a felony, but it was changed on the Senate floor to reduce the penalty to a Class 1 misdemeanor. It was later killed by a technical procedure in the House of Delegates.

Committee member Sen. Emmett Hanger, R-Augusta County, said he wanted to make sure this year's bill contained appropriate penalties. But he also said that societal standards have changed.

"Our society is evolving," Hanger said. "Things that were commonplace in our rural areas ... now people are finding in general very distasteful. Having said that, what we find distasteful in my opinion should not be subjected to long terms in prison at the expense of the taxpayers. I still have some reservations about that."

The bill now goes to the Senate Finance Committee for consideration.

A House subcommittee, meanwhile, conformed the Senate version of the bill to Griffith's and approved it, sending it on to the House Courts of Justice Committee.

Staff writer Michael Sluss contributed to this report.

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