Bill Summary for S 457 (2023-2024)

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Summary date: 

Mar 30 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 457 (Public) Filed Thursday, March 30, 2023
AN ACT TO INCREASE THE SCOPE AND PUNISHMENT OF CERTAIN DOG FIGHTING AND BAITING OFFENSES; TO AUTHORIZE THE INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS WHEN THE INTERCEPTION MAY PROVIDE EVIDENCE OR EXPEDITE THE APPREHENSION OF PERSONS INDICTED FOR FELONY ANIMAL FIGHTING OFFENSES; TO AMEND THE DANGEROUS DOG LAWS TO PERMIT A CASE BY CASE DETERMINATION AS TO WHETHER A DOG TRAINED FOR DOG FIGHTING IS DANGEROUS; AND TO MAKE ANIMAL FIGHTING AND OTHER CRUELTY TO ANIMAL OFFENSES SUBJECT TO THE STATE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW.
Intro. by Woodard, Moffitt.

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Bill summary

Amends GS 14-362.2, increasing the punishment for dog fighting or baiting in violation of subsection (a), and owning, possessing, or training a dog with the intent to dog fight or bait in violation of subsection (b), to a Class G felony (was, a Class H felony). Additionally makes it a Class G felony to breed a dog with the intent that the dog be used for baiting or fighting another animal. Applies to offenses committed on or after December 1, 2023.

Amends GS 15A-290 to permit orders authorizing electronic surveillance when the interception of such communications can provide, or has provided, evidence of, or conspiracy to commit the following offenses, or expedite the apprehension of persons indicated for the commission of the following offenses: GS 14-362 (cockfighting); GS 14-362.1(a) or (b) (animal fighting and baiting); and GS 14-362.2 (dog fighting and baiting). Applies to offenses committed on or after December 1, 2023.

Revises the definition of dangerous dog used in Article 1A and defined in GS 67-4.1 to no longer include any dog that is owned or harbored primarily or in part for dog fighting or a dog trained for dog fighting. Makes conforming changes to GS 19A-70 to no longer require animal shelters to notify persons adopting a dog used for fighting of the liability provisions for owners of dangerous dogs under Article 1A, GS Chapter 67, as such dogs are no longer included in the definition of dangerous dog as amended.

Amends GS 67-4.5 to specify that city and county programs for the control of dangerous dogs must be consistent with Article 1A. Adds that cities and counties are prohibited from designating all dogs of a particular breed as dangerous. 

Amends GS 75D-3(c)(1), defining racketeering activity under the Chapter 75D, which makes racketeering activity a civil offense, to no longer exclude from the term crimes set forth in Article 47, GS Chapter 14.

Effective October 1, 2023.