Public Law 29-96 - An Act to add a new §70.11 to Chapter 70 of Title 9, Guam Code Annotated, relative to dogfighting; and to amend §34205 of Title 10, Guam Code Annotated, relative to ear cropping and tail docking of animals

P.O. Box 1.950 Hagatiia, Guam 96932 TEL: (671) 4 72-8931 • FAX: (671) 4 77-4826 • EMAIL: govem01@mail.gov.gu ~ Felix P. Camacho Governor Michael W. Cruz, M.D. Lieutenant Governor Honorable Judith T. Won Pat, Ed.D Speaker I Mina' Bente Nuebe Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: C c:::: r N 0 ~ Vo' C>. N Transmitted herewith is Bill No. 266 (EC), "AN ACT TO ADD A NEW §70.11 TO CHAPTER 70 OF TITLE 9, GUAM CODE ANNOTATED, RELATIVE TO DOGFIGHTING; AND TO AMEND §34205 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO EAR CROPPING AND TAIL DOCKING OF ANIMALS," which I have signed into law on July 22, 2008 as Public Law No. 29-96. Please note that after review with the Guam Police Department, the Bill may need to be amended in order to effectuate the provisions contained in Bill No. 266. Bill No. 266 states that the "penalty for violations of Items (1), (2), (3) and (4) of this paragraph shall be confinement in a correctional facility." The "and" should be replaced with "or" otherwise the offender would need to violate all items in order to be penalized or confined in a correctional facility. Sinseru yan Magahet, MICHAEL W. CRUZ, M.D. I Maga'lahen Guahan, para pa'go Acting Governor of Guam o? j-og ... oS-'-17 Office of the Speaker jiJ.ild~ T. Woo Pat, Ed. D. Date 1' fr?'fe ~ ~~~'~:',,;:,~ ;; · 1 tt= I MINA'BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN Gl.IAHAN This is to certify that Substitute Bill No. 266(EC), "AN ACT TO ADD A NEW §70.11 TO CHAPTER 70 OF TITLE 9, GUAM CODE ANNOTATED, RELATIVE TO DOGFIGHTING; AND TO AMEND §34205 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO EAR CROPPING AND TAIL DOCKING OF ANIMALS", was on the 9th day of July, 2008, duly and regularly passed. Tina R se ufta Barnes Senator and Secret ry of the Legislature This Act was received by I Maga'lahen Guahan this ";l :.\ U o'clock l.M. MIKE W. CRUZ, MD GO\'EINlR OF GUAM ACTIIG Date: ,Z. ~ J ~-----'"-¥ . ~---' Public Law No. 29-9b Judith T. Won Pat, Ed. D. Speaker ( 0 day of J~ 2008, at ~ Maga'lahi's Office I MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session Bill No. 266 (EC) As substituted by the Committee on Criminal Justice, Public Safety and Youth, and amended on the Floor. Introduced by: Ray Tenorio Judith P. Guthertz, DPA Frank F. Blas, Jr. Edward J.B. Calvo B. J.F. Cruz James V. Espaldon Mark Forbes Frank T. Ishizaki J. A. Lujan Tina Rose Mufia Barnes A. B. Palacios, Sr. v. c. pangelinan R. J. Respicio Dr. David L.G. Shimizu J. T. Won Pat, Ed.D. AN ACT TO ADD A NEW §70.11 TO CHAPTER 70 OF TITLE 9, GUAM CODE ANNOTATED, RELATPlE TO DOGFIGHTING; AND TO AMEND §34205 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO EAR CROPPING AND TAIL DOCKING OF ANIMALS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. A new §70.11 is hereby added to Chapter 70 of Title 9, Guam 3 Code Annotated, to read: 4 "§70.11. Dogfighting: Defined: Penalty. 1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) (1) Dogfight means a fight, arranged by any person, between two (2) or more dogs the purpose or probable result of which fight is the infliction of injury by one ( 1) dog upon another. (2) Baiting means to provoke or to harass an animal with one (1) or more animals and/or with drugs or other substances for the purpose of training an animal to engage in a dogfight. (b) A person commits a third degree felony ifhe knowingly: ( 1) owns, possesses, keeps, trains, promotes, purchases, or sells any dog(s) with the intent that the dog(s) shall be engaged in a dogfight; (2) gambles or bets on the outcome of a dogfight and/or baiting; (3) for amusement or gain, causes, allows, or permits any dog(s) to fight with another dog or other animal or causes any dog( s) to injure each other or other animal; or (4) 1s a spectator at an event mvolvmg the f1ghtmg of a dog(s). Notwithstanding any other provision of law, the penalty for violations of Items (1), (2), (3) and (4) of this paragraph shall be confinement in a correctional facility in accordance with Article 2 of 9GCA Chapter 80 and a fine of not less than Five Thousand Dollars ($5,000) and no more than Ten Thousand Dollars ($10,000) or both per violation. ( c) A person commits a third degree felony if he: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) keeps, uses, be connected with or interested in the management of, or receives money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting and/or baiting a dog(s); (2) permits or suffers a place owned or controlled by him to be used as provided in Item ( 1) of this paragraph; (3) permits or suffers a place leased by him to be used as provided in Item (1) of this paragraph; ( 4) be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in Item ( 1) of this paragraph; or (5) promotes, hosts or sponsors an activity enumerated in Item ( 1) of this paragraph. Notwithstanding any other provision of law, the penalty for violations of Items (1), (2), (3), (4) and (5) of this paragraph shall be confinement in a correctional facility in accordance with Article 2 of 9GCA Chapter 80 and a fine of not less than Ten Thousand Dollars ($10,000) and no more than Fifteen l'housand Dollars ($15,000) or both per v10lahon. Add1bonally, any person convicted of any violation of this paragraph may be subject to seizure of any personal property, including vehicles, and real property at which the dogfight was staged. ( d) Seizure of Dogs. ( 1) A judge may order the seizure of alleged fighting dogs owned, possessed or kept by any person. (2) The judge issuing an order for the seizure of a dog(s) as provided in Item ( 1) of this paragraph may require the 3 1 2 3 4 5 6 7 8 9 , dog( s) to be impounded at an animal shelter or veterinary clinic or hospital. The government unit which executes the seizure shall be responsible for the cost of impoundment at the animal shelter, but the governmental unit is entitled to receive reimbursement of those costs from the owner, possessor or keeper of the impounded dog(s). If the owner, possessor or keeper of the dog(s) is subsequently convicted of dogfighting under this Section, the Court may order the defendant to pay the costs as restitution in the case. 10 11 ( e) Nothing in this Section shall constitute a prohibition or ban on 12 the possession, lawful importation/exportation, breeding or selling of any 13 breed of dog. 14 (f) Veterinarians and/or physicians and/or health professionals are 15 required to report suspected dogfighting incidents that come to their 16 attention through the provision of medical services to dogs to the Guam 17 Police Department within five ( 5) days of learning of dogfighting incidents. 18 Failure to do so shall result m potential loss of hcensure if deemed 19 appropriate by the appropriate licensure agencies." 20 Section 2. Subsection ( d) of §34205 of Article 2, Title 10, Guam Code 21 Annotated, is hereby amended to read: 22 "( d) Only a licensed veterinarian shall perform ear cropping or tail 23 docking on an animal, which shall be performed in accordance with the 24 American Veterinarian Medical Association policy, and the veterinarian 25 shall counsel pet owners about this matter before agreeing to perform these 26 surgeries and shall record said consultation in the pet's record." 4