COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 380
(By Senators Kessler, Unger, Yost, Bowman and Edgell)
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[Originating in the Committee on the Judiciary;
reported February 5, 2010.]
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A BILL to amend and reenact §61-8-19a of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §61-8-19c, all relating to
criminalizing as a felony engaging in animal fighting;
criminalizing possession, use, transport or sale of any device
to enhance an animal's fighting ability with the intent it be
so used; and penalties.
Be it enacted by the Legislature of West Virginia:
That §61-8-19a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §61-8-19c, all to read as
follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-19a. Animal fighting ventures prohibited.
(a) It is unlawful for any person to:
(1) Organize, aid, engage in, be employed at, or sell an
admission to any animal fighting venture;
or
(2) Permit any premises under his or her ownership, charge or
control to be used for animal fighting; or
(3) Possess, own, breed, train, transport or sell animals with
the intent that the animal will be engaged in animal fighting; or
(4) Possess, own, use, transport or sell any device designed
to enhance an animal's fighting ability with the intent it be so
used, including but not limited to any of the implements commonly
known as gaffs or slashers.
(b) Any person who violates the provisions of this section is
guilty of a
misdemeanor and, upon conviction thereof, shall be
fined not less than one hundred dollars and not more than one
thousand dollars, or confined in the county jail not exceeding one
year, or both so fined and confined, and may be divested of
ownership and control of such animals, and be liable for all costs
for their care and maintenance: Provided, That if the animal is a
wild animal, game animal or fur-bearing animal, as defined in
section two, article one, chapter twenty of this code, or wildlife
not indigenous to West Virginia, or of a canine, feline, porcine,
bovine, or equine species whether wild or domesticated, the person
who violates the provisions of this section is guilty of a felony
and, upon conviction thereof,
and shall be divested of ownership
and control of the animals and be liable for all costs for their
care and maintenance and
shall be fined not less than $1,000 and
not more than $5,000, and imprisoned in a state correctional
facility for not less than one nor more than five years, or, in the
discretion of the court, confined in jail for a term not to exceed
one year or both fined and imprisoned incarcerated.
§61-8-19c. Wagering at animal fighting prohibited; penalty.
(a) It is unlawful for any person to bet or wage money or any
other thing of value in any location or place where an animal fighting venture occurs.
(b) It is unlawful for any person to conduct, finance, manage,
supervise, direct, lease or own all or part of a business or
premises when that person has knowledge that betting or wagering at
an animal fighting venture occurs.
(c) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $1,000 and not more than $5,000, or confined in
jail for a period not to exceed one year, or both fined and
confined.
(d) Notwithstanding the provisions of subsections (c) of this
section, any person convicted of a second or subsequent violation
of this section shall be guilty of a felony and upon conviction,
shall be fined not less than $2,000 nor more than $10,000, or
confined in a state correctional facility for not less than one nor
more than five years, or, in the discretion of the court confined
in jail for not more than one year, or both confined and
incarcerated.
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(NOTE: Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new
language that would be added.)
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