08 LC 25
5118S
The
Senate Agriculture and Consumer Affairs Committee offered 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
amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so
as to change certain provisions relating to definitions relative to Chapter 8 of
said title; to change certain provisions relating to caring for an impounded
animal; to change certain provisions relating to failure to respond, right to
hearing, care, and crime exception; to change certain provisions relating to
filing a report regarding animal cruelty and immunity; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
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.
(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)
Wagers money or anything of value on the result of such
dogfighting;
(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; or
(5)
Knowingly promotes or advertises an exhibition of fighting with another
dog
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. 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 the
fighting of dogs 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 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 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."
PART
II
SECTION 2-1.
SECTION 2-1.
Title
4 of the Official Code of Georgia Annotated, relating to animals, is amended by
revising paragraph (6) of Code Section 4-8-41, relating to definitions relative
to Chapter 8 of said title, as follows:
"(6)
'Vicious dog' means any dog
that:
(A)
Inflicts
inflicts
a severe injury on a human being without provocation after the owner has notice
that the dog has previously bitten or attacked or endangered the safety of a
human
being;
or
(B)
Is owned, possessed, kept, harbored, trained, or maintained for the purpose of
fighting.
Such
term shall not include a dog that inflicts an injury upon a person when the dog
is being used by a law enforcement officer to carry out the law enforcement
officer´s official duties. A dog shall not be a vicious dog if the injury
inflicted by the dog was sustained by a person who, at the time, was committing
a willful trespass or other tort or was tormenting, abusing, or assaulting the
dog or had in the past been observed or reported to have tormented, abused, or
assaulted the dog or was committing or attempting to commit a
crime."
SECTION
2-2.
Said
title is further amended by revising subsection (c) of Code Section 4-11-9.3,
relating to caring for an impounded animal, as follows:
"(c)
Any person impounding an animal under this article
is
shall
be authorized to return
the
such
animal to its owner, upon payment by the owner of all costs of impoundment and
care and upon the entry of a consent order, unless such owner
was,
in a prior administrative or legal action in this state or any other state,
was
found to have failed to provide humane care to an animal, committed cruelty to
animals, or
engaged in
dog fighting
committed an
act prohibited under Code Section 16-12-37
in violation of the laws of this state or of the United States or any of the
several states. Such consent order shall provide conditions relating to the
care and treatment of such animal, including, but not limited to, the following,
that:
(1)
Such animal
will
shall
be given humane care and adequate and necessary veterinary
services;
(2)
Such animal
will
shall
not be subjected to cruelty; and
(3)
The owner
will
shall
comply with this article."
SECTION
2-3.
Said
title is further amended by revising subparagraph (b)(6)(B) of Code Section
4-11-9.5, relating to failure to respond, right to hearing, care, and crime
exception, as follows:
"(B)
Unless, in a prior administrative or legal action in this state or any other
state, the owner has been found to have failed to provide humane care to an
animal, committed cruelty to animals, or
engaged in
dog fighting
committed an
act prohibited under Code Section 16-12-37
in violation of the laws of this state or of the United States or any of the
several states, recommend conditions under which the animal may, upon payment by
the owner of all costs of impoundment and care, be returned to the owner. Such
conditions shall be reduced to writing and served upon the owner and the
government agency having custody of the animal. Such conditions may include, but
are not limited to, the following, that:
(i)
Such animal
will
shall
be given humane care and adequate and necessary veterinary
services;
(ii)
Such animal
will
shall
not be subjected to mistreatment; and
(iii)
The owner
will
shall
comply with this article."
SECTION
2-4.
Said
title is further amended by revising subsection (a) of Code Section 4-11-17,
relating to filing a report regarding animal cruelty and immunity, as
follows:
"(a)
Notwithstanding Code Section 24-9-29 or any other provision of law to the
contrary, any licensed
accredited
veterinarian or veterinary technician having reasonable cause to believe that an
animal has been subjected to animal cruelty in violation of Code Section 16-12-4
or dog
fighting in violation of
an act
prohibited under Code Section 16-12-37 may
make or cause to be made a report of such violation to the Commissioner, his or
her designee, an animal control officer, a law enforcement agency, or a
prosecuting attorney and may appear and testify in any judicial or
administrative proceeding concerning the care of an animal."
PART
III
SECTION 3-1.
SECTION 3-1.
All
laws and parts of laws in conflict with this Act are repealed.