05 LC
25 3956
Senate
Bill 229
By: Senator Rogers of the 21st
By: Senator Rogers of the 21st
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 animal fighting or baiting and
related conduct; to provide for punishments; to define certain terms; to provide
a short title; to provide legislative findings and declarations; repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Animal Fighting and Baiting
Act."
SECTION
2.
The
General Assembly finds and declares that the fighting and baiting of animals in
this state is a cruel and horrific practice and results in the unwarranted
suffering and death of hundreds of animals. In addition, the animals subject to
fighting and baiting are aggressive and have caused numerous maulings of humans
and deaths of children. The General Assembly finds and declares further that the
most effective, economical, humane, and ethical solution to the problem of
animal fighting and baiting is to punish such conduct as criminal
acts.
SECTION
3.
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 striking Code Section
16_12_37, relating to dogfighting, and inserting in lieu thereof the
following:
"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:
(1)
'Animal' means any live vertebrate creature, domestic or wild.
(2)
'Baiting' means:
(A)
Provoking or harassing an animal with one or more other animals for the purpose
of training an animal for, or to cause an animal to engage in, fights with or
among other animals; or
(B)
Using live animals in the training of greyhounds.
(3)
'Fighting' means an attack with violence by an animal against another animal or
a human.
(4)
'Owner' means any person that owns, possesses, harbors, keeps, or has custody or
control over animal.
(5)
'Person' means any natural person or any firm, partnership, association, or
corporation.
(b)
Any person who:
(1)
Owns or possesses an animal for the purpose of fighting or baiting;
(2)
Trains, purchases, sells, transports, transfers, breeds, or equips an animal for
the purpose of fighting or baiting;
(3)
Is a party to or causes any fighting or baiting of any animal;
(4)
Is present at any structure, facility, or location with knowledge that fighting
or baiting of any animal is taking place or is about to take place;
(5)
Owns, possesses, or sells equipment for use in any activity described in
paragraph (2) or (3) of this subsection;
(6)
Purchases, rents, leases, or otherwise acquires or obtains the use of any
structure, facility, or location for the purpose of committing any violation of
paragraph (2) or (3) of this subsection;
(7)
Knowingly allows or permits or makes available any structure, facility, or
location to be used for the purpose of committing any violation of paragraph (2)
or (3) of this subsection;
(8)
Knowingly allows any animal used for fighting or baiting to be kept, boarded,
housed, or trained on, or transported in, any property owned or controlled by
him or her;
(9)
Sponsors, arranges, holds, encourages, or instigates any fighting or baiting of
any animal to take place;
(10)
Promotes, stages, advertises, or charges any admission fee to a fight or
bait;
(11)
Performs any service or act to facilitate animal fighting or baiting, including,
but not limited to, providing security, refereeing, or handling or transporting
animals or being a stakeholder of any money wagered on animal fighting or
baiting;
(12)
Bets or wagers, or encourages another to bet or wager, any money or other
valuable consideration on the fighting or baiting of animals;
(13)
Knowingly uses any means of communication for the purpose or promoting a fight
or bait; or
(14)
Removes or facilitates the removal from custody of a state or local government
agency of any animal impounded under Code Section 4_11_9.2 without prior
authorization
shall
be guilty of a felony and upon conviction thereof shall be punished by a fine of
$5,000.00, imprisonment for not less than one year nor more than five years, or
both such fine and imprisonment. Each act or omission in violation of this
subsection shall constitute a separate offense. The court, as part of the
sentence, may prohibit the offender from owning, possessing, or having on the
offender´s premises any animal or animals as determined by the court for a
period of time up to and including permanent relinquishment.
(c)
Any person who knowingly brings or accompanies a minor to any activity described
in paragraph (2) or (3) of subsection (b) of this Code section shall be guilty
of a
misdemeanor."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.