H. B. 2753
(By Delegates Overington, Amores, Brown,
Foster, Schadler, Craig and Calvert)
[Introduced January 29, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nineteen-a, article eight,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
nineteen-b, all relating to animal fighting; making it a
felony to knowingly be involved in an animal fighting venture;
providing a penalty for violations; making it a misdemeanor to
attend an animal fight and providing a penalty therefore.
Be it enacted by the Legislature of West Virginia:
That section nineteen-a, article eight, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section
nineteen-b, 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, knowingly:
(1) To engage in, be employed at, or to purchase or sell an
admission to any animal fighting venture organize, sell an
admission to, aid or abet 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) To possess, own, train, transport or sell animals for the
purpose of animal fighting; or
(4) To possess, own, train, 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 felony and, upon conviction thereof, shall
be fined not less than one hundred thousand dollars and not more
than one five thousand dollars, or confined in the county jail not
exceeding one year, or both so fined and confined, imprisoned in a
state correctional facility for not less than one nor more than
five years, or both fined and imprisoned, and may be divested of
ownership and control of such 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 fight.
(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 or regional jail not
more than one year, or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit participation
in animal fighting ventures; to make violations a felony; and, to
provide that knowingly attending an animal fight is a misdemeanor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Section nineteen-b is new; therefore, strike-throughs and
underscoring have been omitted.
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