Sub. S. B. No. 67 As Passed by the Senate

Senators Mumper, Wachtmann, Randy Gardner, DiDonato, Coughlin, Stivers, Austria, Goodman, Carnes, Carey, Schuring, Armbruster, Harris, Jacobson, Spada, White, Amstutz

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) As used in this section: 6

       (1) "Agricultural product" means any field crop, field crop 7
product, timber, timber product, or livestock. "Agricultural 8
product" also includes any wild animal, as "wild animal" is 9
defined in section 1531.01 of the Revised Code, that is raised or 10
maintained for either of the purposes described in division (B)(1) 11
or (2) of this section. 12

       (2) "Equipment" means any equipment that is used in the 13
production of any agricultural product or any laboratory, 14
research, or fixed equipment that is used to test or analyze the 15
process of producing any agricultural product. 16

       (B) No person, without privilege to do so, shall knowingly 17
damage or destroy any agricultural product that is produced for 18
either of the following: 19

       (1) Personal or commercial purposes; 20

       (2) Testing or research purposes in the context of a product 21
development program in conjunction or coordination with a private 22
research facility, a university, or any federal, state, or local 23
government agency. 24

       Division (B) of this section does not apply to the practice 25
of veterinary medicine by a person who has been issued a license, 26
temporary permit, or registration certificate to do so under 27
Chapter 4741. of the Revised Code. As used in division (B) of this 28
section, "practice of veterinary medicine" has the same meaning as 29
in section 4741.01 of the Revised Code. 30

       (C) No person, without privilege to do so, shall knowingly 31
damage or destroy any equipment. 32

       (D)(1) In addition to the penalty provided in section 901.99 33
of the Revised Code for a violation of this section, the court 34
shall require any person who violates this section to pay to the 35
victim of the offense an amount equal to twice the value of the 36
agricultural product or equipment that has been damaged or 37
destroyed. 38

       (2) In ordering restitution under this section, the court 39
shall consider as part of the value of the agricultural product or 40
equipment the market value of the agricultural product or 41
equipment prior to damage or destruction and the production, 42
research, testing, replacement, and development costs directly 43
related to the agricultural product or equipment that has been 44
damaged or destroyed. 45

       (3) Restitution available under this section shall be limited 46
to twice the market value of the agricultural product or equipment 47
prior to damage or destruction plus twice the actual damages 48
involving production, research, testing, replacement, and 49
development costs directly related to the agricultural product or 50
equipment that has been damaged or destroyed. 51

       (E) The enactment of this section is not intended to require 52
the prosecution exclusively under this section of an act, series 53
of acts, or course of behavior that could be prosecuted either 54
under this section or under another section of the Revised Code. 55
One or more acts, series of acts, or courses of behavior that may 56
be prosecuted either under this section or under another section 57
of the Revised Code may be prosecuted under this section, the 58
other section, or both sections. 59

       Sec. 901.99. (A) Whoever violates section 901.51 of the 60
Revised Code is guilty of a misdemeanor of the fourth degree. 61

       (B) Whoever violates section 901.75 or division (C) of 62
section 901.73 of the Revised Code is guilty of a misdemeanor of 63
the first degree. 64

       (C) Whoever violates division (A) of section 901.76 of the 65
Revised Code is guilty of a felony of the fifth degree on a first 66
offense and of a felony of the fourth degree on each subsequent 67
offense. 68

       (D) Whoever violates division (B) of section 901.76 of the 69
Revised Code is guilty of a felony of the fourth degree. 70

       (E) Whoever violates section 901.511 of the Revised Code is 71
guilty of damaging agricultural products. Except as otherwise 72
provided in this division, damaging agricultural products is a 73
felony of the fifth degree that is punishable by a fine of up to 74
two thousand five hundred dollars in addition to the penalties 75
specified for a felony of the fifth degree in sections 2929.11 to 76
2929.18 of the Revised Code. If the value of the property or the 77
amount of physical harm involved is five thousand dollars or more, 78
but less than one hundred thousand dollars, damaging agricultural 79
products is a felony of the fourth degree. If the value of the 80
property or the amount of physical harm involved is one hundred 81
thousand dollars or more, damaging agricultural products is a 82
felony of the third degree. 83

       Section 2. That existing section 901.99 of the Revised Code 84
is hereby repealed. 85

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

(1) "Agricultural product" means any field crop, field crop	7
product, timber, timber product, or livestock. "Agricultural	8
product" also includes any wild animal, as "wild animal" is	9
defined in section 1531.01 of the Revised Code, that is raised or	10
maintained for either of the purposes described in division (B)(1)	11
or (2) of this section.	12

(2) "Equipment" means any equipment that is used in the	13
production of any agricultural product or any laboratory,	14
research, or fixed equipment that is used to test or analyze the	15
process of producing any agricultural product.	16

(B) No person, without privilege to do so, shall knowingly	17
damage or destroy any agricultural product that is produced for	18
either of the following:	19

(2) Testing or research purposes in the context of a product	21
development program in conjunction or coordination with a private	22
research facility, a university, or any federal, state, or local	23
government agency.	24

Division (B) of this section does not apply to the practice	25
of veterinary medicine by a person who has been issued a license,	26
temporary permit, or registration certificate to do so under	27
Chapter 4741. of the Revised Code. As used in division (B) of this	28
section, "practice of veterinary medicine" has the same meaning as	29
in section 4741.01 of the Revised Code.	30

(C) No person, without privilege to do so, shall knowingly	31
damage or destroy any equipment.	32

(D)(1) In addition to the penalty provided in section 901.99	33
of the Revised Code for a violation of this section, the court	34
shall require any person who violates this section to pay to the	35
victim of the offense an amount equal to twice the value of the	36
agricultural product or equipment that has been damaged or	37
destroyed.	38

(2) In ordering restitution under this section, the court	39
shall consider as part of the value of the agricultural product or	40
equipment the market value of the agricultural product or	41
equipment prior to damage or destruction and the production,	42
research, testing, replacement, and development costs directly	43
related to the agricultural product or equipment that has been	44
damaged or destroyed.	45

(3) Restitution available under this section shall be limited	46
to twice the market value of the agricultural product or equipment	47
prior to damage or destruction plus twice the actual damages	48
involving production, research, testing, replacement, and	49
development costs directly related to the agricultural product or	50
equipment that has been damaged or destroyed.	51

(E) The enactment of this section is not intended to require	52
the prosecution exclusively under this section of an act, series	53
of acts, or course of behavior that could be prosecuted either	54
under this section or under another section of the Revised Code.	55
One or more acts, series of acts, or courses of behavior that may	56
be prosecuted either under this section or under another section	57
of the Revised Code may be prosecuted under this section, the	58
other section, or both sections.	59

Sec. 901.99. (A) Whoever violates section 901.51 of the	60
Revised Code is guilty of a misdemeanor of the fourth degree.	61

(B) Whoever violates section 901.75 or division (C) of	62
section 901.73 of the Revised Code is guilty of a misdemeanor of	63
the first degree.	64

(C) Whoever violates division (A) of section 901.76 of the	65
Revised Code is guilty of a felony of the fifth degree on a first	66
offense and of a felony of the fourth degree on each subsequent	67
offense.	68

(D) Whoever violates division (B) of section 901.76 of the	69
Revised Code is guilty of a felony of the fourth degree.	70

(E) Whoever violates section 901.511 of the Revised Code is	71
guilty of damaging agricultural products. Except as otherwise	72
provided in this division, damaging agricultural products is a	73
felony of the fifth degree that is punishable by a fine of up to	74
two thousand five hundred dollars in addition to the penalties	75
specified for a felony of the fifth degree in sections 2929.11 to	76
2929.18 of the Revised Code. If the value of the property or the	77
amount of physical harm involved is five thousand dollars or more,	78
but less than one hundred thousand dollars, damaging agricultural	79
products is a felony of the fourth degree. If the value of the	80
property or the amount of physical harm involved is one hundred	81
thousand dollars or more, damaging agricultural products is a	82
felony of the third degree.	83

Section 2. That existing section 901.99 of the Revised Code	84
is hereby repealed.	85