House Bill 374

AN ACT TO AMEND SECTION 97-41-11, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF CONDUCTING CERTAIN ANIMAL FIGHTS; TO BRING FORWARD SECTION 97-41-18, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS FIGHTS BETWEEN DOGS AND HOGS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 97-41-19, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS DOG FIGHTS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-41-11, Mississippi Code of 1972, is amended as follows:

97-41-11. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between bears, cocks or any other creatures or animals except dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall own an animal with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport an animal for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.

(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between bears, cocks, or any other creatures or animals except dogs, with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between such animals with the intent to be present at such exhibition, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court.

(3) If any person shall in any way be connected with or interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting any bears, cocks or other creatures or animals, except * * * dogs, or of tormenting or torturing the same, or shall encourage, aid, or assist therein, or * * * shall permit or suffer any place to be so kept or used, shall own, possess or sell any device, substance or implement intended to enhance an animal's ability to fight or to inflict injury upon another animal, he shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), imprisoned for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court.

(4) Any * * * law enforcement officer making an arrest under subsection (1) of this section may lawfully take possession of all animals and all paraphernalia, implements, equipment or other property used in violation of subsection (1) of this section. The officer shall file with the circuit court of the county within which the alleged violation occurred an affidavit stating (a) the name of the person charged, (b) a description of the property taken, (c) the time and place of the taking, (d) the name of the person who claims to own such property, if known, and (e) that the affiant has reason to believe, stating the ground of his belief, that the animals or property taken were used in the violation. He shall thereupon deliver the animals and/or property to a court of competent jurisdiction, which shall, by order in writing, place the animals, paraphernalia, implements, equipment, or other property in the custody of a licensed veterinarian, the local humane society or other animal welfare agency, or other suitable custodian, to be kept by the custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the county. The custodian named and designated in the order shall immediately assume the custody of the animals and property and shall retain same, subject to order of the court.

Upon the certification of a licensed veterinarian or officer of the humane society or animal welfare agency that, in his professional judgment, an animal that has been seized is not likely to survive the final disposition of the charges or that, by reason of the physical condition of the animal, it should be humanely euthanized before such time, the court may order the animal humanely euthanized. The court shall make its finding of whether to issue such an order within seven (7) days of the certification by the veterinarian or officer of the humane society or animal welfare agency. The owner of an animal that is euthanized without an order of the court with the certification of a licensed veterinarian or officer of the humane society or other animal welfare agency shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person charged with a violation of subsection (1) of this section, all animals seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same. In the event of the acquittal or final discharge without conviction of the accused, the court shall direct the delivery of the animals or property so held in custody to the owner thereof. All reasonable expenses incurred by the custodian of seized animals and property shall be charged as costs of court, to be taxed against the owner or county in the discretion of the court.

(5) Nothing in this section shall prohibit the following legal activities:

(a) Using poultry, including cocks, or using livestock in generally accepted agricultural practices by the owner of the poultry or livestock or other persons in lawful custody thereof;

(b) Engaging in the activities of hunting, trapping or fishing, as permitted by state law, or by rule or regulation of the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 2. Section 97-41-18, Mississippi Code of 1972, is brought forward as follows:

97-41-18. (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 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.

(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.

(7) This section shall stand repealed on July 1, 2012.

SECTION 3. Section 97-41-19, Mississippi Code of 1972, is brought forward as follows:

97-41-19. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall own a dog with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport a dog for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not less than one (1) nor more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.

(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between dogs with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between dogs with the intent to be present at such exhibition, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court.

(3) Any law enforcement officer making an arrest under subsection (1) of this section may lawfully take possession of all dogs and all paraphernalia, implements, equipment or other property used in violation of subsection (1) of this section. Such officer shall file with the circuit court of the county within which the alleged violation occurred an affidavit stating therein (a) the name of the person charged, (b) a description of the property taken, (c) the time and place of the taking, (d) the name of the person who claims to own such property, if known, and (e) that the affiant has reason to believe, stating the ground of such belief, that the property taken was used in such violation. He shall thereupon deliver the property to such court which shall, by order in writing, place such dogs, paraphernalia, implements, equipment, or other property in the custody of a licensed veterinarian, the local humane society or other animal welfare agency, or other suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the county. The custodian named and designated in such order shall immediately assume the custody of such property and shall retain same, subject to order of the court.

Upon the certification of a licensed veterinarian or officer of the humane society or animal welfare agency that, in his professional judgment, a dog which has been seized is not likely to survive the final disposition of the charges or that, by reason of the physical condition of the dog, it should be humanely euthanized before such time, the court may order the dog humanely euthanized. The court shall make its finding of whether to issue such an order within seven (7) days from the certification by the veterinarian or officer of the humane society or animal welfare agency. The owner of a dog which is euthanized without an order of the court with such certification of a licensed veterinarian or officer of the humane society or other animal welfare agency shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person charged with a violation of subsection (1) of this section, all dogs seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same. In no event shall the court order the dog to be euthanized without the certification of a licensed veterinarian or officer of the humane society or other animal welfare agency that, in his judgment, the dog is not likely to survive or that, by reason of its physical condition, the dog should be humanely euthanized. In the event of the acquittal or final discharge without conviction of the accused, the court shall direct the delivery of the property so held in custody to the owner thereof. All reasonable expenses incurred by the custodian of seized dogs and property shall be charged as costs of court, to be taxed against the owner or county in the discretion of the court.

(4) Nothing in subsection (1) of this section shall prohibit any of the following:

(a) The use of dogs in the management of livestock, by the owner of such livestock or other persons in lawful custody thereof;

(b) The use of dogs in lawful hunting; and

SECTION 4. This act shall take effect and be in force from and after July 1, 2011.