07 LC 25
4618ER
Senate
Bill 16
By:
Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Heath of
the 31st, Carter of the 13th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia
Annotated, relating to general provisions relative to animal protection, so as
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 dogfighting; to prohibit 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 Act."
SECTION
2.
The
General Assembly finds and declares that the fighting and baiting of canines
against canines 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 fighting and baiting is to punish such conduct as
criminal acts.
SECTION
3.
Article
1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating
to general provisions relative to animal protection, is 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
canine
fighting or
baiting, 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
4.
Said
article 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
canine
fighting or
baiting, 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
5.
Said
article 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
certified
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
baiting, 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
6.
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:
(1)
'Baiting' means:
(A)
Provoking, harassing, or enticing an animal with another animal for the purpose
of training an animal for or causing an animal to engage in fighting as defined
in this Code Section; or
(B)
Using live animals in the training of greyhounds.
(2)
'Fighting' means any attack or physical combat with a canine and another
canine.
(3)
'Person' means any natural person or any firm, partnership, association, or
corporation.
(4)
'Spectator' means any person who is present at any location with knowledge that
fighting or baiting is taking place or is about to take place.
(b)
Any person who:
(1)
Intentionally causes any fighting or baiting; trains, purchases, sells,
transports, supplies, breeds, or equips any canine for the purpose of fighting
or baiting; or
(2)
Owns, possesses, harbors, keeps, or has custody or control of any canine for the
purpose of fighting or baiting; knowingly owns, possesses, solicits, acquires,
supplies or sells any device to be used for the purpose of fighting or baiting;
purchases, rents, or acquires the use of any location or knowingly makes
available any location for the purpose of fighting or baiting;
(3)
Bets, promotes, advertises, sponsors, organizes, stages, referees, or charges an
admission fee for or serves as the stakeholder on any fighting or
baiting;
Shall
be guilty of a felony: and upon a first conviction thereof such person shall be
punished by imprisonment for not 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 or 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 person from owning, possessing, or
having on the offender´s premises any animal during the term of the
sentence.
(c)
Any spectator who:
(1)
Is present at any location with knowledge that any fighting or baiting is taking
place or is about to take place; or
(2)
Knowingly brings or accompanies a minor child to any fighting or baiting
activity shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by imprisonment for not more than one year, a fine not to exceed
$1,000.00, 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 animal during the term of such
sentence.
(d)
Any animal subject to fighting or baiting 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
recognized animal husbandry and training techniques or practices not otherwise
specifically prohibited by law and shall not apply to any person:
(1)
Using, breeding, training, or equipping any animal to pursue, take, hunt, or
recover wildlife or free-ranging feral hogs 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)
Using, breeding, training, or equipping animals 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
1,2006; or
(3)
Using, breeding, training, or equipping canines for law enforcement
purposes."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.