S. B. No. 67 As Introduced

Senators Mumper, Wachtmann, Randy Gardner, DiDonato, Coughlin, Stivers, Austria, Goodman

A BILL

To amend section 901.99 and to enact section 901.511 1
of the Revised Code to prohibit damaging or 2
destroying crops, timber, livestock, or equipment. 3

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

       Section 1. That section 901.99 be amended and section 901.511 4
of the Revised Code be enacted to read as follows: 5

       Sec. 901.511. (A) No person, without privilege to do so, 6
shall purposely damage or destroy any field crop, field crop 7
product, timber, timber product, or livestock that is produced for 8
either of the following: 9

       (1) Personal or commercial purposes; 10

       (2) Testing or research purposes in the context of a product 11
development program in conjunction or coordination with a private 12
research facility, a university, or any federal, state, or local 13
government agency. 14

       (B) No person, without privilege to do so, shall purposely 15
damage or destroy any equipment used in the production of any 16
field crop, field crop product, timber, timber product, or 17
livestock or any laboratory, research, or fixed equipment used to 18
test or analyze the process of producing any field crop, field 19
crop product, timber, timber product, or livestock. 20

       (C)(1) In addition to the penalty provided in section 901.99 21
of the Revised Code for a violation of this section, the court 22
shall require any person who violates this section to pay to the 23
victim of the offense an amount equal to twice the value of the 24
crop, crop product, timber, timber product, livestock, or 25
equipment damaged or destroyed. 26

       (2) In ordering restitution under this section, the court 27
shall consider as part of the value of the crop, crop product, 28
timber, timber product, livestock, or equipment the market value 29
of the crop, crop product, timber, timber product, livestock, or 30
equipment prior to damage or destruction and production, research, 31
testing, replacement, and development costs directly related to 32
the crop, crop product, timber, timber product, livestock, or 33
equipment that has been damaged or destroyed. 34

       (3) Restitution available under this section shall be limited 35
to twice the market value of the crop, crop product, timber, 36
timber product, livestock, or equipment prior to damage or 37
destruction plus twice the actual damages involving production, 38
research, testing, replacement, and development costs directly 39
related to the crop, crop product, timber, timber product, 40
livestock, or equipment that has been damaged or destroyed. 41

       Sec. 901.99. (A) Whoever violates section 901.51 of the 42
Revised Code is guilty of a misdemeanor of the fourth degree. 43

       (B) Whoever violates section 901.511 or 901.75 or division 44
(C) of section 901.73 of the Revised Code is guilty of a 45
misdemeanor of the first degree. 46

       (C) Whoever violates division (A) of section 901.76 of the 47
Revised Code is guilty of a felony of the fifth degree on a first 48
offense and of a felony of the fourth degree on each subsequent 49
offense. 50

       (D) Whoever violates division (B) of section 901.76 of the 51
Revised Code is guilty of a felony of the fourth degree. 52

       Section 2. That existing section 901.99 of the Revised Code 53
is hereby repealed. 54

Section 1. That section 901.99 be amended and section 901.511	4
of the Revised Code be enacted to read as follows:	5

Sec. 901.511. (A) No person, without privilege to do so,	6
shall purposely damage or destroy any field crop, field crop	7
product, timber, timber product, or livestock that is produced for	8
either of the following:	9

(2) Testing or research purposes in the context of a product	11
development program in conjunction or coordination with a private	12
research facility, a university, or any federal, state, or local	13
government agency.	14

(B) No person, without privilege to do so, shall purposely	15
damage or destroy any equipment used in the production of any	16
field crop, field crop product, timber, timber product, or	17
livestock or any laboratory, research, or fixed equipment used to	18
test or analyze the process of producing any field crop, field	19
crop product, timber, timber product, or livestock.	20

(C)(1) In addition to the penalty provided in section 901.99	21
of the Revised Code for a violation of this section, the court	22
shall require any person who violates this section to pay to the	23
victim of the offense an amount equal to twice the value of the	24
crop, crop product, timber, timber product, livestock, or	25
equipment damaged or destroyed.	26

(2) In ordering restitution under this section, the court	27
shall consider as part of the value of the crop, crop product,	28
timber, timber product, livestock, or equipment the market value	29
of the crop, crop product, timber, timber product, livestock, or	30
equipment prior to damage or destruction and production, research,	31
testing, replacement, and development costs directly related to	32
the crop, crop product, timber, timber product, livestock, or	33
equipment that has been damaged or destroyed.	34

(3) Restitution available under this section shall be limited	35
to twice the market value of the crop, crop product, timber,	36
timber product, livestock, or equipment prior to damage or	37
destruction plus twice the actual damages involving production,	38
research, testing, replacement, and development costs directly	39
related to the crop, crop product, timber, timber product,	40
livestock, or equipment that has been damaged or destroyed.	41

Sec. 901.99. (A) Whoever violates section 901.51 of the	42
Revised Code is guilty of a misdemeanor of the fourth degree.	43

(B) Whoever violates section 901.511 or 901.75 or division	44
(C) of section 901.73 of the Revised Code is guilty of a	45
misdemeanor of the first degree.	46

(C) Whoever violates division (A) of section 901.76 of the	47
Revised Code is guilty of a felony of the fifth degree on a first	48
offense and of a felony of the fourth degree on each subsequent	49
offense.	50

(D) Whoever violates division (B) of section 901.76 of the	51
Revised Code is guilty of a felony of the fourth degree.	52

Section 2. That existing section 901.99 of the Revised Code	53
is hereby repealed.	54