Senate Bill No. 380
(By Senators Kessler, Unger, Yost, Bowman and Edgell)
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[Introduced January 28, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-8-19a and §61-8-19b of the Code of
West Virginia, 1931, as amended, all relating to providing the
same protection from animal fighting to all animals; and
extending the application of criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §61-8-19a and §61-8-19b of the Code of West Virginia,
1931, as amended, be amended and reenacted, 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 for the purpose of animal fighting; or
(4) Possess, own, use in animal training, transport or sell
any device designed to enhance an animal's fighting ability,
including 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, 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 both
fined and imprisoned,
and shall be divested of ownership and
control of the animals and be liable for all costs for their care
and maintenance.
§61-8-19b. Attendance at animal fighting ventures prohibited;
penalty.
(a) It is unlawful for any person to knowingly attend an
animal fighting venture
involving animals as provided in
subsections (a) and (b) section nineteen-a, article eight of this
chapter.
(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 $100 and not more than $1,000, or confined in
the county or regional jail not more than one year, or both fined
and imprisoned.
NOTE: The purpose of this bill is to prohibit the use of any
animal in animal fighting ventures and to expand the application of
felony criminal penalties to include additional activities carried
on for the purpose of supporting animal fighting. Attending an
animal fight remains a misdemeanor.
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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