09 LC 21
0070
House
Bill 109
By:
Representatives Bryant of the
160th,
Stephens of the
161st,
Stephens of the
164th,
Carter of the
159th,
Gordon of the
162nd,
and others
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 define a certain term; to
provide that owning, possessing, keeping, or training a cock for cockfighting,
causing any cock to fight or injure another cock for amusement or gain, or
allowing such activities on a person's property shall constitute a felony; to
provide that being present at a cockfight shall constitute a misdemeanor of a
high and aggravated nature; to provide that being present at any place where
preparations are being made for an exhibition of cockfighting shall constitute a
misdemeanor; to provide for punishments; to provide for exemptions; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part
1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to gambling, is amended by adding a new Code section to read
as
follows: "16-12-39.
(a)
As used in this Code section, the term 'cock' means any male chicken including
game fowl; provided, however, that such term shall not include wildlife as
defined in Code Section 27-1-2.
(b)
Any person who knowingly:
(1)
Owns, possesses, keeps, or trains any cock with the intent that such cock engage
in an exhibition of fighting with another cock;
(2)
For amusement or gain, causes any cock to fight with another cock or causes any
cocks to injure each other; or
(3)
Permits any act in violation of paragraph (1) or (2) of this subsection to be
done on any premises under his or her charge or control
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 present at an exhibition of the fighting of cocks shall be
guilty of a misdemeanor of a high and aggravated nature and shall be punished by
a fine of not less than $1,000.00 and not to exceed $10,000.00, or by
confinement for a term not less than three months nor more than 12 months, or
both, which punishment shall not be suspended, probated, or
withheld.
(d)
Any person who is knowingly present at any place or building where preparations
are being made for an exhibition of the fighting of cocks is guilty of a
misdemeanor.
(e)
The provisions of subsection (b) of this Code section shall not apply to any
activity involving the possession, training, exhibition, or use of a cock in the
lawful pursuits of ranching, farming, rodeos, and related
activities."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.