SB 102: Dogfighting; revise provisions

Senate Bill 102

By: Senators Robertson of the 29th, Payne of the 54th, Hufstetler of the 52nd, Williams of the 25th, Albers of the 56th and others

AS PASSED SENATE

A BILL TO BE ENTITLED

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, so as to revise provisions relative to dogfighting; to prohibit fighting of dogs and game cocks; to prohibit possession or sale of fighting related objects; to provide for punishment; to provide for definitions; to amend Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of registration, requirements for issuance of certificate, individuals excluded from receiving registration, limitation of ownership, and annual renewal, so as to make conforming changes; to provide for related matters; to provide for an effective date and applicability; 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, is amended by revising Code Section 16-12-37, relating to dogfighting, as follows:

"16-12-37.

(a) As used in this Code section, the term:

(1) 'Dog' 'dog' means any domestic canine.

(2) 'Fighting related objects' means equipment, products, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, and conditioning of a dog or game cock for fighting or for the furtherance of such act.

(3) 'Game cock' means a domesticated fowl that is bred, reared, or trained for the purposes of fighting with other fowl.

(4) 'Minor' means any individual under the age of 18 years.

(b) Any person who:

(1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in 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) Owns, possesses, trains, transports, or sells any game cock with the intent that such game cock shall be engaged in fighting with other fowl;

(4) For amusement or gain, causes any game cock to fight with other fowl or for amusement or gain, causes any game cocks to injure each other; (3)(5) Wagers money or anything of value on the result of such dogfighting dog or game cock fighting;

(4)(6) 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; or

(5)(7) Knowingly promotes, or advertises, or charges an admission fee for an exhibition of dog or game cock fighting with another dog in violation of this subsection 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, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. The court, as part of the sentence, may prohibit the offender from owning, possessing, or exercising control over any animal within the species for which the conviction is based. Each act in violation of this subsection shall constitute a separate offense.

(c) Any person who is knowingly present only as a spectator or who causes or permits a minor to be present at any place for the fighting of dogs or game cocks shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense.

(d) Any dog or game cock subject to fighting may be impounded pursuant to the provisions of Code Sections 4-11-9.2 through 4-11-9.6.

(e) Any person who knowingly possesses, purchases, or sells fighting related objects with the intent that such objects be used in promoting, facilitating, training for, or otherwise participating in an exhibition of dog or game cock fighting shall be guilty of a misdemeanor of a high and aggravated nature.

(f) 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 the following activities:

(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, 2008;

(3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or

(4) 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.

Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of registration, requirements for issuance of certificate, individuals excluded from receiving registration, limitation of ownership, and annual renewal, is amended by revising paragraph (2) of subsection (f) as follows:

"(2) The felony of dogfighting or game cock fighting as provided for in Code Section 16-12-37 or the felony of aggravated cruelty to animals as provided for in Code Section 16-12-4; or"

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall apply to all offenses committed on or after the effective date of this Act.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.