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SB380 SUB1 Senate Bill 380 History

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SB380 SUB1
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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