COMMITTEE SUBSTITUTE
FOR
H. B. 2753
(By Delegates Overington, Amores, Brown,
Foster, Schadler, Craig and Calvert)
(Originating in the Committee on the Judiciary)
[February 26, 2003]
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 be involved in specifically defined animal fighting
ventures; providing a penalty for violations; making it a
misdemeanor to attend an animal fight and providing a penalty
therefor.
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 to engage in, be employed
at, or to purchase or sell an admission to any animal fighting
venture.
(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 one
thousand dollars and not more than five thousand dollars, and
imprisoned in a state correctional facility for not less than one
nor more than five years, or both fined and imprisoned,
§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 defined in the proviso of subsection (b), section nineteen-b, article eight, chapter sixty-
one.
(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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Sections nineteen-b is new; therefore, strike-throughs and
underscoring have been omitted.
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