SECTION 7. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, is amended by revising Code Section 16-12-37, relating to dog fighting, as follows:

(a) This Code section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law, and the following activities shall not constitute a violation of this Code section: (1) Owning, using, breeding, training, or equipping any dog to pursue, take, hunt, or recover wildlife or any animal that could be lawfully hunted or taken under Title 27 or participating in hunting or fishing in accordance with provisions of Title 27 and rules and regulations promulgated pursuant thereto as such rules and regulations existed on the date specified in Code Section 27-1-39; (2) Owning, using, breeding, training, or equipping dogs to work livestock for agricultural purposes in accordance with the rules and regulations of the Commissioner of Agriculture as such rules and regulations existed on January 1, 2007; (3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or (4) Owning, using, breeding, training, or equipping any dog to control damage from nuisance or pest species in and around structures or agricultural operations.

(b) As used in this Code section, the term: (1) 'Dog' means any member of the species canis familiaris or any intentionally bred hybrid of the species canis familiaris. (2) 'Enticement for dog fighting' means knowingly and intentionally provoking, harassing, or encouraging a dog with another animal for the specific purpose of training a dog for or causing a dog to engage in fighting as defined in this Code section. (3) 'Fighting' means an attack by a dog against another dog resulting from the intentional act of any person. (4) 'Person' means any natural person or any firm, partnership, association, or corporation. (5) 'Spectator' means any person, other than a minor child under the age of 14, who is willfully present at any location, structure, or facility with knowledge that fighting or enticement for dog fighting is taking place.

(c) Any person who: (1) Intentionally causes any fighting or enticement for dog fighting; (2) Knowingly owns, possesses, harbors, keeps, or has custody or control of any dog for the purpose of fighting or enticement for dog fighting; (3) Knowingly trains, purchases, sells, transports, transfers, breeds, or equips any dog for the purpose of fighting or enticement for dog fighting; (4) Knowingly purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, property, or location to be used for the purpose of fighting or enticement for dog fighting; (5) Knowingly allows, permits, or makes available any structure, facility, property, or location to be used for the purpose of fighting or enticement for dog fighting; (6) Bets, wagers, or encourages another to bet or wager anything of value on any dog fighting or enticement for dog fighting activity; (7) Knowingly facilitates, conducts, sponsors, organizes, stages, referees, or charges an admission fee for or serves as the stakeholder on any dog fighting or enticement for dog fighting activity; (8) Knowingly uses any means of communication for the purposes of promoting or advertising fighting or enticement for dog fighting; or (9) Is a spectator as defined in this Code section shall be guilty of a felony; and upon a first conviction thereof such person shall be punished by imprisonment for no less than one year nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment; and upon a second or subsequent conviction thereof such person shall be punished by imprisonment for not less than one year nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense. The court, as part of the sentence, may prohibit the offender from owning, possessing, or having on the offender´s premises any dog during the term of the sentence."

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.