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.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 14‑362.2 reads as rewritten:

§ 14‑362.2.  Dog fighting and baiting.

(a)        A person who instigates, promotes, conducts, is employed at, provides a dog for, allows property under the person's ownership or control to be used for, gambles on, or profits from an exhibition featuring the baiting of a dog or the fighting of a dog with another dog or with another animal is guilty of a Class H G felony. A lease of property that is used or is intended to be used for an exhibition featuring the baiting of a dog or the fighting of a dog with another dog or with another animal is void, and a lessor who knows this use is made or is intended to be made of the lessor's property is under a duty to evict the lessee immediately.

(b)        A person who owns, breeds, possesses, or trains a dog with the intent that the dog be used in an exhibition featuring the baiting of that dog or the fighting of that dog with another dog or with another animal is guilty of a Class H G felony.

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SECTION 1.(b)  This section becomes effective December 1, 2023, and applies to offenses committed on or after that date.

SECTION 2.(a)  G.S. 15A‑290(c) reads as rewritten:

(c)      Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter 119 of Title 18 of the United States Code, when the interception may provide, or has provided, evidence of any of the following offenses, or any conspiracy to commit these offenses, or when the interception may expedite the apprehension of persons indicted for the commission of these offenses:

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(6)        Any of the following offenses under Article 47 of Chapter 14 of the General Statutes:

a.         G.S. 14‑362.

b.         Subsection (a) or (b) of G.S. 14‑362.1.

c.         Subsection (a) or (b) of G.S. 14‑362.2.

SECTION 2.(b)  This section becomes effective December 1, 2023, and applies to offenses committed on or after that date.

SECTION 3.(a)  G.S. 67‑4.1 reads as rewritten:

§ 67‑4.1.  Definitions and procedures.

(a)        As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

(1)        Dangerous dog means

a.         A a dog that:

1.a.      Without provocation has killed or inflicted severe injury on a person; or

2.b.      Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

b.         Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

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SECTION 3.(b)  G.S. 67‑4.5 reads as rewritten:

§ 67‑4.5.  Local ordinances.

Nothing in this Article shall be construed to prevent a city or county from adopting or enforcing its own program for control of dangerous dogs.dogs consistent with this Article, except that no city or county may designate all dogs of a particular breed as dangerous.

SECTION 3.(c)  G.S. 19A‑70 reads as rewritten:

§ 19A‑70.  Care of animal subjected to illegal treatment.

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(d)       If the court orders that funds be deposited, the amount of funds necessary for 30 days shall be posted with the clerk of superior court. The defendant shall also deposit the same amount with the clerk of superior court every 30 days thereafter until the litigation is resolved, unless the defendant requests a hearing no less than five business days prior to the expiration of a 30‑day period. If the defendant fails to deposit the funds within five business days of the initial hearing, or five business days of the expiration of a 30‑day period, the animal is forfeited by operation of law. If funds have been deposited in accordance with this section, the operator of the animal shelter may draw from the funds the actual costs incurred in caring for the animal.

In the event of forfeiture, the animal shelter may determine whether the animal is suitable for adoption and whether adoption can be arranged for the animal. The animal may not be adopted by the defendant or by any person residing in the defendant's household. If the adopted animal is a dog used for fighting, the animal shelter shall notify any persons adopting the dog of the liability provisions for owners of dangerous dogs under Article 1A of Chapter 67 of the General Statutes. If no adoption can be arranged after the forfeiture, or the animal is unsuitable for adoption, the shelter shall humanely euthanize the animal.

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SECTION 4.  G.S. 75D‑3(c)(1) reads as rewritten:

(c)      (1)        Racketeering activity means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act or acts which would be chargeable by indictment if such act or acts were accompanied by the necessary mens rea or criminal intent under the following laws of this State:

a.         Article 5 of Chapter 90 of the General Statutes of North Carolina relating to controlled substances and counterfeit controlled substances;

b.         Chapter 14 of the General Statutes of North Carolina except Articles 9, 22A, 38, 40, 43, 46, 47, 59 thereof; and further excepting G.S. Sections 14‑78.1, 14‑82, 14‑86, 14‑145, 14‑146, 14‑147, 14‑177, 14‑178, 14‑179, 14‑183, 14‑184, 14‑186, 14‑190.9, 14‑195, 14‑197, 14‑201, 14‑202, 14‑247, 14‑248, 14‑313 thereof.

c.         Any conduct involved in a money laundering activity; and

SECTION 5.  Except as otherwise provided, this act becomes effective October 1, 2023.