07 LC 29
2811S
The
House Committee on Judiciary Non-civil offers the following substitute to
HB 301:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of
Georgia Annotated, relating to gambling offenses, so as to change certain
provisions relating to dogfighting; to prohibit dogfighting and related conduct;
to provide for punishments; to define a term; to provide for applicability; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to gambling offenses, is amended by revising Code Section
16-12-37, relating to dogfighting, as follows:
"16-12-37.
(a)
A person commits the offense of dogfighting when he causes or allows a dog to
fight another dog for sport or gaming purposes or maintains or operates any
event at which dogs are allowed or encouraged to fight one another.
(b)
A person convicted of the offense of dogfighting shall be punished by a
mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment
for not less than one year nor more than five years.
(a)
As used in this Code section, the term 'dog' means any domestic canine that is a
member of the species Canis lupus familiaris.
(b)
Any person who:
(1)
Owns, possesses, trains, transports, or sells any dog with the intent that such
dog shall be engaged in an exhibition of fighting with another dog;
(2)
For amusement or gain, causes any dog to fight with another dog or for amusement
or gain, causes any dogs to injure each other;
(3)
Wagers money or anything of value on the result of such dogfighting;
or
(4)
Knowingly permits any act in violation of paragraph (1) or (2) of this
subsection on any premises under the ownership or control of such person or
knowingly aids or abets any such act
shall
be guilty of a felony and, upon the first conviction thereof, shall be punished
by imprisonment of not less than one nor more than five years or a fine of not
less than $5,000.00, or both. On second and subsequent convictions, such person
shall be punished by imprisonment of not less than one nor more than ten years
or a fine of not less than $15,000.00, or both. Each act or omission in
violation of this subsection shall constitute a separate offense.
(c)
Any person who is knowingly present only as a spectator at any place for an
exhibition of the fighting of dogs shall, upon a first conviction, be guilty of
a misdemeanor, and upon a second or subsequent conviction, such person shall be
guilty of a misdemeanor of a high and aggravated nature.
(d)
Any dog subject to fighting may be impounded pursuant to the provisions of Code
Sections 4-11-9.2 through 4-11-9.6.
(e)
This Code section shall not prohibit, impede, or otherwise interfere with animal
husbandry, training techniques, competition, events, shows, or practices not
otherwise specifically prohibited by law and shall not apply to any
person:
(1)
Owning, using, breeding, training, or equipping any animal to pursue, take,
hunt, or recover wildlife or any animal lawfully hunted under Title 27 or
participating in hunting or fishing in accordance with the provisions of Title
27 and rules and regulations promulgated pursuant thereto as such rules and
regulations existed on the date specified in Code Section 27-1-39;
(2)
Owning, using, breeding, training, or equipping dogs to work livestock for
agricultural purposes in accordance with the rules and regulations of the
Commissioner of Agriculture as such rules and regulations existed on January 1,
2007;
(3)
Owning, using, breeding, training, or equipping dogs for law enforcement
purposes;
(4)
Owning, using, breeding, training, or equipping any dog as a bona fide companion
animal; or
(5)
Owning, using, breeding, training, or equipping any animal to control damage
from nuisance or pest species in and around structures or agricultural
operations."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.