DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 331

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL FIGHTING AND BAITING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1326, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1326. Animals; fighting and baiting prohibited; class E felony.

(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose of fighting or baiting; or a person who is a party to or who causes the fighting or baiting of a bull, bear, dog, cock, or other animal or fowl; or a person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or premises for the purpose of fighting or baiting an animal or fowl; or a person who knowingly suffers or permits the use of a building, shed, room, yard, ground, or premises belonging to the person, or that is under the person’s control, for any of the purposes described in this section, is guilty of a class E felony. The minimum sentence imposed for a violation of this subsection is 6 months, notwithstanding § 4205(b)(5) of this title. The minimum sentence is not subject to suspension and a person is not eligible for probation during the minimum sentence.

SYNOPSIS

This Act imposes a minimum mandatory 6 months in jail for animal fighting or baiting. This offense is a class E felony.

Author: Senator Bonini