Bill Text: GA HB987 | 2009-2010 | Regular Session | Introduced
Bill Title: Gambling; prohibit cockfighting; provisions
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2010-01-28 - House Second Readers [HB987 Detail]
Download: Georgia-2009-HB987-Introduced.html
10 LC 28
4972
House
Bill 987
By:
Representatives Bryant of the
160th,
Stephens of the
164th,
Gordon of the
162nd,
Stephens of the
161st,
Kaiser of the
59th,
and others
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 prohibit cockfighting
and related conduct; to provide for punishments; to provide for exceptions; 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 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 provide an
effective date; 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 adding a new Code
section to read as follows:
"16-12-39.
(a)
As used in this Code section, the term 'gamecock' means a male chicken or
rooster.
(b)
Any person who:
(1)
Owns, possesses, trains, transports, or sells any gamecock with the intent that
such gamecock shall be engaged in fighting with another gamecock;
(2)
For amusement or gain, causes any gamecock to fight with another gamecock or for
amusement or gain, causes any gamecocks to injure each other;
(3)
Wagers money or anything of value on the result of such
cockfighting;
(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
gamecock
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 gamecocks 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 gamecock 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;
or
(2)
Owning, using, breeding, training, or equipping gamecocks for agricultural
purposes in accordance with the rules and regulations of the Commissioner of
Agriculture as such rules and regulations existed on January 1,
2010."
PART
II
SECTION 2-1.
SECTION 2-1.
Title
4 of the Official Code of Georgia Annotated, relating to animals, is 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 shall be authorized to return
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, 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 committed an act prohibited under Code Section 16-12-37
or
16-12-39 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 shall be given humane care and adequate and necessary veterinary
services;
(2)
Such animal shall not be subjected to cruelty; and
(3)
The owner shall comply with this article."
SECTION
2-2.
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 committed an act prohibited under Code
Section 16-12-37
or
16-12-39 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 shall be given humane care and adequate and necessary veterinary
services;
(ii)
Such animal shall not be subjected to mistreatment; and
(iii)
The owner shall comply with this article."
SECTION
2-3.
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 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 an act prohibited under Code Section
16-12-37 or
16-12-39 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.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.