| 10 | 7 | | Annotated, relating to gambling, so as to revise provisions relative to dogfighting; to prohibit2 |
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| 11 | 8 | | fighting of dogs and game cocks; to prohibit possession or sale of fighting related objects;3 |
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| 12 | 9 | | to provide for punishment; to provide for definitions; to amend Code Section 4-8-27 of the4 |
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| 13 | 10 | | Official Code of Georgia Annotated, relating to certificates of registration, requirements for5 |
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| 14 | 11 | | issuance of certificate, individuals excluded from receiving registration, limitation of6 |
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| 15 | 12 | | ownership, and annual renewal, so as to make conforming changes; to provide for related7 |
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| 16 | 13 | | matters; to provide for an effective date and applicability; to repeal conflicting laws; and for8 |
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| 17 | 14 | | other purposes.9 |
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| 18 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 19 | 16 | | SECTION 1.11 |
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| 20 | 17 | | Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,12 |
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| 21 | 18 | | relating to gambling, is amended by revising Code Section 16-12-37, relating to dogfighting,13 |
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| 22 | 19 | | as follows:14 |
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| 23 | 20 | | "16-12-37.15 |
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| 28 | 23 | | (1) 'Dog' 'dog' means any domestic canine.17 |
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| 29 | 24 | | (2) 'Fighting related objects' means equipment, products, or materials of any kind that18 |
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| 30 | 25 | | are used, intended for use, or designed for use in the training, preparation, and19 |
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| 31 | 26 | | conditioning of a dog or game cock for fighting or for the furtherance of such act.20 |
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| 32 | 27 | | (3) 'Game cock' means a domesticated fowl that is bred, reared, or trained for the21 |
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| 33 | 28 | | purposes of fighting with other fowl.22 |
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| 34 | 29 | | (4) 'Minor' means any individual under the age of 18 years.23 |
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| 35 | 30 | | (b) Any person who:24 |
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| 36 | 31 | | (1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall25 |
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| 37 | 32 | | be engaged in fighting with another dog;26 |
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| 38 | 33 | | (2) For amusement or gain, causes any dog to fight with another dog or for amusement27 |
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| 39 | 34 | | or gain, causes any dogs to injure each other;28 |
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| 40 | 35 | | (3) Owns, possesses, trains, transports, or sells any game cock with the intent that such29 |
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| 41 | 36 | | game cock shall be engaged in fighting with other fowl;30 |
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| 42 | 37 | | (4) For amusement or gain, causes any game cock to fight with other fowl or for31 |
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| 43 | 38 | | amusement or gain, causes any game cocks to injure each other;32 |
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| 44 | 39 | | (3)(5) Wagers money or anything of value on the result of such dogfighting dog or game33 |
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| 45 | 40 | | cock fighting;34 |
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| 46 | 41 | | (4)(6) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection35 |
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| 47 | 42 | | on any premises under the ownership or control of such person or knowingly aids or abets36 |
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| 48 | 43 | | any such act; or37 |
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| 49 | 44 | | (5)(7) Knowingly promotes, or advertises, or charges an admission fee for an exhibition38 |
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| 50 | 45 | | of dog or game cock fighting with another dog 39 |
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| 51 | 46 | | in violation of this subsection shall be guilty of a felony and, upon the first conviction40 |
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| 52 | 47 | | thereof, shall be punished by imprisonment of not less than one nor more than five years,41 |
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| 53 | 48 | | a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or42 |
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| 54 | 49 | | subsequent conviction, such person shall be punished by imprisonment of not less than one43 |
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| 57 | 51 | | nor more than ten years, a fine of not less than $15,000.00, or both such fine and44 |
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| 58 | 52 | | imprisonment. The court, as part of the sentence, may prohibit the offender from owning,45 |
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| 59 | 53 | | possessing, or exercising control over any animal within the species for which the46 |
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| 60 | 54 | | conviction is based. Each act in violation of this subsection shall constitute a separate47 |
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| 61 | 55 | | offense.48 |
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| 62 | 56 | | (c) Any person who is knowingly present only as a spectator or who causes or permits a49 |
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| 63 | 57 | | minor to be present at any place for the fighting of dogs or game cocks shall, upon a first50 |
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| 64 | 58 | | conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a51 |
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| 65 | 59 | | second conviction, such person shall be guilty of a felony and shall be punished by52 |
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| 66 | 60 | | imprisonment of not less than one nor more than five years, a fine of not less than53 |
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| 67 | 61 | | $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such54 |
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| 68 | 62 | | person shall be punished by imprisonment of not less than one nor more than ten years, a55 |
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| 69 | 63 | | fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation56 |
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| 70 | 64 | | of this subsection shall constitute a separate offense.57 |
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| 71 | 65 | | (d) Any dog or game cock subject to fighting may be impounded pursuant to the58 |
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| 72 | 66 | | provisions of Code Sections 4-11-9.2 through 4-11-9.6.59 |
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| 73 | 67 | | (e) Any person who knowingly possesses, purchases, or sells fighting related objects with60 |
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| 74 | 68 | | the intent that such objects be used in promoting, facilitating, training for, or otherwise61 |
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| 75 | 69 | | participating in an exhibition of dog or game cock fighting shall be guilty of a62 |
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| 76 | 70 | | misdemeanor of a high and aggravated nature.63 |
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| 77 | 71 | | (f) This Code section shall not prohibit, impede, or otherwise interfere with animal64 |
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| 78 | 72 | | husbandry, training techniques, competition, events, shows, or practices not otherwise65 |
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| 79 | 73 | | specifically prohibited by law and shall not apply to the following activities:66 |
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| 80 | 74 | | (1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or67 |
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| 81 | 75 | | recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting68 |
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| 82 | 76 | | or fishing in accordance with the provisions of Title 27 and rules and regulations69 |
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| 87 | 79 | | in Code Section 27-1-39;71 |
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| 88 | 80 | | (2) Owning, using, breeding, training, or equipping dogs to work livestock for72 |
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| 89 | 81 | | agricultural purposes in accordance with the rules and regulations of the Commissioner73 |
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| 90 | 82 | | of Agriculture as such rules and regulations existed on January 1, 2008;74 |
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| 91 | 83 | | (3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes;75 |
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| 92 | 84 | | or76 |
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| 93 | 85 | | (4) Owning, using, breeding, training, or equipping any animal to control damage from77 |
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| 94 | 86 | | nuisance or pest species in and around structures or agricultural operations."78 |
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| 95 | 87 | | SECTION 2.79 |
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| 96 | 88 | | Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of80 |
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| 97 | 89 | | registration, requirements for issuance of certificate, individuals excluded from receiving81 |
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| 98 | 90 | | registration, limitation of ownership, and annual renewal, is amended by revising82 |
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| 99 | 91 | | paragraph (2) of subsection (f) as follows:83 |
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