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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 382 Referred in House (RFH)]

  1st Session
                                 S. 382

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2005

  Referred to the Committee on the Judiciary, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 AN ACT

 
   To amend title 18, United States Code, to strengthen prohibitions 
            against animal fighting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Fighting Prohibition 
Enforcement Act of 2005''.

SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.

    (a) In General.--Chapter 3 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 49. Animal fighting prohibition
    ``(a) Sponsoring or Exhibiting an Animal in an Animal Fighting 
Venture.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly sponsor or 
        exhibit an animal in an animal fighting venture, if any animal 
        in the venture was moved in interstate or foreign commerce.
            ``(2) Special rule for certain states.--With respect to 
        fighting ventures involving live birds in a State where it 
        would not be in violation of the law, it shall be unlawful 
        under this subsection for a person to sponsor or exhibit a bird 
        in the fighting venture only if the person knew that any bird 
        in the fighting venture was knowingly bought, sold, delivered, 
        transported, or received in interstate or foreign commerce for 
        the purpose of participation in the fighting venture.
    ``(b) Buying, Selling, Delivering, or Transporting Animals for 
Participation in Animal Fighting Venture.--It shall be unlawful for any 
person to knowingly sell, buy, transport, or deliver, or receive for 
purposes of transportation, in interstate or foreign commerce, any dog 
or other animal for purposes of having the dog or other animal 
participate in an animal fighting venture.
    ``(c) Use of Postal Service or Other Interstate Instrumentality for 
Promoting Animal Fighting Venture.--It shall be unlawful for any person 
to knowingly use the mail service of the United States Postal Service 
or any instrumentality of interstate commerce for commercial speech 
promoting an animal fighting venture except as performed outside the 
limits of the States of the United States.
    ``(d) Violation of State Law.--Notwithstanding subsection (c), the 
activities prohibited by such subsection shall be unlawful with respect 
to fighting ventures involving live birds only if the fight is to take 
place in a State where it would be in violation of the laws thereof.
    ``(e) Sharp Instruments.--It shall be unlawful for any person to 
knowingly sell, buy, transport, or deliver in interstate or foreign 
commerce a knife, a gaff, or any other sharp instrument attached, or 
designed or intended to be attached, to the leg of a bird for use in an 
animal fighting venture.
    ``(f) Penalties.--Any person who violates subsection (a), (b), (c), 
or (e) shall be fined under this title or imprisoned for not more than 
2 years, or both, for each such violation.
    ``(g) Definitions.--For purposes of this section--
            ``(1) the term `animal fighting venture' means any event 
        which involves a fight between at least two animals and is 
        conducted for purposes of sport, wagering, or entertainment 
        except that the term `animal fighting venture' shall not be 
        deemed to include any activity the primary purpose of which 
        involves the use of one or more animals in hunting another 
        animal or animals, such as waterfowl, bird, raccoon, or fox 
        hunting;
            ``(2) the term `instrumentality of interstate commerce' 
        means any written, wire, radio, television or other form of 
        communication in, or using a facility of, interstate commerce;
            ``(3) the term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States; and
            ``(4) the term `animal' means any live bird, or any live 
        dog or other mammal, except man.
    ``(h) Conflict With State Law.--The provisions of this section do 
not supersede or otherwise invalidate any such State, local, or 
municipal legislation or ordinance relating to animal fighting ventures 
except in case of a direct and irreconcilable conflict between any 
requirements thereunder and this section or any rule, regulation, or 
standard hereunder.''.
    (b) Clerical Amendment.--The table of contents for chapter 3 of 
title 18, is amended by inserting after the item relating to section 48 
the following:

``49. Animal fighting prohibition''.
    (c) Repeal of Criminal Penalty in the Animal Welfare Act.--Section 
26 of the Animal Welfare Act (7 U.S.C. 2156) is amended by striking 
subsection (e).

            Passed the Senate April 29 (legislative day, April 28), 
      2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
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