2006 Regular Session
To: Agriculture; Judiciary B
By: Representative Upshaw
AN ACT TO PROHIBIT HOG AND CANINE FIGHTING WHEN INTENTIONALLY CONDUCTED BY ANY PERSON; TO ENACT PENALTIES FOR VIOLATION; TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF MALICIOUS OR MISCHIEVOUS INJURY TO CERTAIN PETS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this section, "hog" means a pig, swine or boar.
(2) It is unlawful for any person to organize or conduct any commercial or private event, commonly referred to as a "catch," wherein there is a display of combat or fighting among one or more domestic or feral canines and feral or domestic hogs and in which it is intended or reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated or killed.
(3) It is unlawful for any person to organize, conduct or financially or materially support any event prohibited by this section.
(4) The provisions of this section shall not apply to any competitive event in which canines trained for hunting or herding activities are released in an open or enclosed area to locate and corner hogs, commonly referred to as a "bay event," and in which competitive points are deducted if a hog is caught and held, unless by these actions it is reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated or killed.
(5) The provisions of this section shall not apply to the lawful hunting of hogs with canines or the use of canines for the management, farming or herding of hogs which are livestock or the private training of canines for the purposes enumerated in this subsection provided that such training is conducted for the field using accepted dog handling and training practices and is not in violation of the provisions of subsection (1) of this section.
(6) Any person convicted under the provisions of this section shall be fined not more than One Thousand Dollars ($1,000.00), imprisoned for not more than six (6) months, or both.
SECTION 2. Section 97-41-16, Mississippi Code of 1972, is amended as follows:
97-41-16. (1) Any person who shall maliciously, either out of a spirit of revenge or wanton cruelty, or who shall mischievously kill, maim or wound, or injure any animal, or cause any person to do the same, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned not exceeding six (6) months. Recurring convictions for the same actions shall indicate the individual as a habitual criminal and therefore shall allow judgment of a felony under Mississippi habitual offender code.
(2) In addition to such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of such dog or cat. The measure for restitution in money shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other cost incurred as a result of actions in violation of subsection (1) of this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2006.