07 LC 35
0601S
The
Senate State Institutions and Property Committee offered the following
substitute to HB 366:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 inspections, impoundment of
animals, and exceptions; 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
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 dog fighting; to prohibit fighting or enticement for dog
fighting and related conduct; to provide for punishments; to define certain
terms; to provide a short title; to provide legislative findings and
declarations; to amend Code Section 30-4-2 of the Official Code of Georgia
Annotated, relating to right to equal public accommodations and to be
accompanied by guide or service dog, so as to provide that every person engaged
in the raising of a dog for training as a guide or service dog shall have the
right to be accompanied by such dog in the same manner as a totally or partially
blind, deaf, or physically disabled person under certain conditions; to provide
for related matters; to 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 "Dog Fighting Act."
SECTION
2.
The
General Assembly finds and declares that the fighting of dogs against dogs in
this state promotes criminal activity that adversely affects public safety and
it is a cruel and unacceptable practice. The General Assembly recognizes and
supports the training and use of dogs for hunting, field trials, and other
legitimate sporting exhibitions or competitions. The General Assembly finds and
declares further that the most effective, economical, humane, and ethical
solution to the problem of dog fighting is to punish such conduct as a criminal
act.
SECTION
3.
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
4.
Said
title is further amended by revising subsection (c) of Code Section 4-11-9.3,
relating to inspections, impoundment of animals, and exceptions, as
follows:
"(c)
Any person impounding an animal under this article is authorized to return the
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, found to have
failed to provide humane care to an animal, committed cruelty to animals, or
engaged in dog fighting
or enticement
for dog fighting, as such terms are defined in 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 be given humane care and adequate and necessary veterinary
services;
(2)
Such animal will not be subjected to cruelty; and
(3)
The owner will comply with this article."
SECTION
5.
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
or enticement
for dog fighting, as such terms are defined in 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 be given humane care and adequate and necessary veterinary
services;
(ii)
Such animal will not be subjected to mistreatment; and
(iii)
The owner will comply with this article."
SECTION
6.
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
or enticement
for dog fighting, as such terms are defined in Code Section
16-12-37, in violation of 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."
SECTION
7.
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 dog fighting, 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)
This Code section shall not prohibit, impede, or otherwise interfere with
recognized animal husbandry and training techniques or practices not otherwise
specifically prohibited by law, and the following activities shall not
constitute a violation of this Code section:
(1)
Owning, using, breeding, training, or equipping any dog to pursue, take, hunt,
or recover wildlife or any animal that could be lawfully hunted or taken under
Title 27 or participating in hunting or fishing in accordance with 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; or
(4)
Owning, using, breeding, training, or equipping any dog to control damage from
nuisance or pest species in and around structures or agricultural
operations.
(b)
As used in this Code section, the term:
(1)
'Dog' means any member of the species
canis
familiaris or
any intentionally bred hybrid of the species
canis
familiaris.
(2)
'Enticement for dog fighting' means knowingly and intentionally provoking,
harassing, or encouraging a dog with another animal for the specific purpose of
training a dog for or causing a dog to engage in fighting as defined in this
Code section.
(3)
'Fighting' means an attack by a dog against another dog resulting from the
intentional act of any person.
(4)
'Person' means any natural person or any firm, partnership, association, or
corporation.
(5)
'Spectator' means any person, other than a minor child under the age of 14, who
is willfully present at any location, structure, or facility with knowledge that
fighting or enticement for dog fighting is taking place.
(c)
Any person who:
(1)
Intentionally causes any fighting or enticement for dog fighting;
(2)
Knowingly owns, possesses, harbors, keeps, or has custody or control of any dog
for the purpose of fighting or enticement for dog fighting;
(3)
Knowingly trains, purchases, sells, transports, transfers, breeds, or equips any
dog for the purpose of fighting or enticement for dog fighting;
(4)
Knowingly purchases, rents, leases, or otherwise acquires or obtains the use of
any structure, facility, property, or location to be used for the purpose of
fighting or enticement for dog fighting;
(5)
Knowingly allows, permits, or makes available any structure, facility, property,
or location to be used for the purpose of fighting or enticement for dog
fighting;
(6)
Bets, wagers, or encourages another to bet or wager anything of value on any dog
fighting or enticement for dog fighting activity;
(7)
Knowingly facilitates, conducts, sponsors, organizes, stages, referees, or
charges an admission fee for or serves as the stakeholder on any dog fighting or
enticement for dog fighting activity;
(8)
Knowingly uses any means of communication for the purposes of promoting or
advertising fighting or enticement for dog fighting; or
(9)
Is a spectator as defined in this Code section
shall
be guilty of a felony; and upon a first conviction thereof such person shall be
punished by imprisonment for no less than one year nor more than five years, a
fine of not less than $5,000.00, or both such fine and imprisonment; and upon a
second or subsequent conviction thereof such person shall be punished by
imprisonment for not less than one year 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. The court,
as part of the sentence, may prohibit the offender from owning, possessing, or
having on the offender´s premises any dog during the term of the
sentence."
SECTION
8.
Code
Section 30-4-2 of the Official Code of Georgia Annotated, relating to right to
equal public accommodations and to be accompanied by guide or service dog, is
amended by revising subsection (b) as follows:
"(b)(1)
Every totally or partially blind person shall have the right to be accompanied
by a guide dog, and every physically disabled person and every deaf person shall
have the right to be accompanied by a service dog, especially trained for the
purpose, in any of the places listed in subsection (a) of this Code section
without being required to pay an extra charge for the guide or service dog;
provided, however, that he or she shall be liable for any damage done to the
premises or facilities by such dog. In addition, if such totally or partially
blind person, physically disabled person, or deaf person is a student at a
private or public school in this state, such person shall have the right to be
accompanied by a guide dog or service dog subject to liability for damage as
provided in the preceding sentence. The guide dog or service dog must be
identified as having been trained by a school for seeing eye, hearing, service,
or guide dogs.
(2)
Every person engaged in the training of a guide dog or service dog for the
purpose of accompanying a person as provided in paragraph (1) of this subsection
shall have the same right to be accompanied by such dog being trained as the
totally or partially blind person, deaf person, or physically disabled person
has under paragraph (1) of this subsection, so long as such trainer is
identified as an agent or employee of a school for seeing eye, hearing, service,
or guide dogs.
(3)
Every person engaged in the raising of a dog for training as a guide dog or
service dog for the purpose of accompanying a person as provided in paragraph
(1) of this subsection shall have the same right to be accompanied by such dog
being raised for training as the totally or partially blind person, deaf person,
or physically disabled person has under paragraph (1) of this subsection, so
long as:
(A)
Such dog is being held on a leash and is under the control of the person raising
such dog for an accredited school for seeing eye, hearing, service, or guide
dogs;
(B)
Such person has on his or her person and available for inspection credentials
from the accredited school for which the dog is being raised; and
(C)
Such dog is wearing a collar, leash, or other appropriate apparel or device that
identifies such dog with the accredited school for which such dog is being
raised."
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.