MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Dearing, Hudson, Kirby, Carmichael, Horhn, Butler, Witherspoon, Jackson (11th), Frazier, Jordan, Burton, Seymour, Doty, Barnett, Polk, Chassaniol, Younger, McMahan, Hill, Parker, Parks
AN ACT TO AMEND SECTION 97-41-19, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES IMPOSED FOR ILLEGAL DOG FIGHTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-41-19, Mississippi Code of 1972, is amended 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 or possess 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, or (e) shall own, possess, buy,
sell, transfer or manufacture dog fighting paraphernalia for the purpose of
engaging in or otherwise promoting or facilitating a violation of this section,
he shall be guilty of a felony and, upon conviction, shall be punished by a
fine of * * *
One Thousand Dollars ($1,000.00) * * *
per dog involved in the violation, * * * and by imprisonment in the State
Penitentiary for a term of not less than * * * a one-year
term of imprisonment per dog involved in the violation, but not to exceed a
term of imprisonment of twenty-five (25) years.
(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 * * * One Thousand Dollars ($1,000.00)
nor more than Five Thousand Dollars ($5,000.00), * * * and by imprisonment in the State
Penitentiary for a term of not more than * * * two (2) years.
(3) (a) 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 ( * * *i) the name of the person charged, ( * * *ii) a description of the property
taken, ( * * *iii)
the time and place of the taking, ( * * *iv) the name of the person who claims
to own such property, if known, and ( * * *v) 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.
(b) Upon the written
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 following
the procedure set forth in Section 97-41-2. * * *
(c) 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.
(d) 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.
(4) All reasonable expenses, including medical care and costs of housing, incurred by the custodian of seized dogs and property shall be charged as costs of court, to be taxed against the owner, upon conviction, or the county, in the discretion of the court.
( * * *5) 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
(c) The training of dogs for any purpose not prohibited by law.
(6) For purposes of this section, the term "dog fighting paraphernalia" shall mean equipment, products, implements and materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of dog fighting, and includes, but is not limited to, the following: breaking sticks, cat mills, treadmills, fighting pits, spring poles, unprescribed veterinary medicine, or treatment supplies.
In determining whether an object is paraphernalia, a court shall consider any prior convictions under federal or state law relating to animal fighting, the proximity of the object in time and space to the direct violation of this section, direct or circumstantial evidence of the intent of the person to deliver the object to persons whom he or she knows or should reasonably know intend to use the object to facilitate a violation of this section, oral or written instructions provided with or in the vicinity of the object concerning its use, descriptive materials accompanying the object which explain or depict its use and any other relevant factors.
SECTION 2. This act shall take effect and be in force from and after its passage.