As Passed by the House

127th General Assembly
Regular Session
2007-2008
Am. H. B. No. 415


Representatives Blessing, Domenick 

Cosponsors: Representatives Wagoner, Hughes, Barrett, Szollosi, Ujvagi, Dyer, Foley, Peterson, Lundy, Distel, Yuko, Webster, Bacon, Batchelder, Boyd, Brown, Budish, Celeste, Chandler, Collier, Combs, DeBose, Dolan, Evans, Fende, Flowers, Gardner, Garrison, Gerberry, Goyal, Hagan, J., Harwood, Heard, Heydinger, Hottinger, Letson, Luckie, Mallory, Mandel, Mecklenborg, Newcomb, Oelslager, Patton, Schindel, Schneider, Setzer, Slesnick, Williams, S. 



A BILL
To amend section 959.99 of the Revised Code to 1
increase the penalty for animal fighting, 2
including cockfighting.3


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

       Section 1. That section 959.99 of the Revised Code be amended 4
to read as follows:5

       Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 6
of the Revised Code is guilty of a minor misdemeanor.7

       (B) Except as otherwise provided in this division, whoever8
violates section 959.02 of the Revised Code is guilty of a9
misdemeanor of the second degree. If the value of the animal10
killed or the injury done amounts to three hundred dollars or11
more, whoever violates section 959.02 of the Revised Code is12
guilty of a misdemeanor of the first degree.13

       (C) Whoever violates section 959.03, 959.06, 959.12, 959.15,14
or 959.17 of the Revised Code is guilty of a misdemeanor of the15
fourth degree.16

       (D) Whoever violates division (A) of section 959.13 of the17
Revised Code is guilty of a misdemeanor of the second degree. In18
addition, the court may order the offender to forfeit the animal19
or livestock and may provide for its disposition, including, but20
not limited to, the sale of the animal or livestock. If an animal21
or livestock is forfeited and sold pursuant to this division, the22
proceeds from the sale first shall be applied to pay the expenses23
incurred with regard to the care of the animal from the time it24
was taken from the custody of the former owner. The balance of the25
proceeds from the sale, if any, shall be paid to the former owner26
of the animal.27

       (E)(1) Whoever violates division (B) of section 959.131 of28
the Revised Code is guilty of a misdemeanor of the first degree on29
a first offense and a felony of the fifth degree on each30
subsequent offense.31

       (2) Whoever violates section 959.01 of the Revised Code or32
division (C) of section 959.131 of the Revised Code is guilty of a33
misdemeanor of the second degree on a first offense and a34
misdemeanor of the first degree on each subsequent offense.35

       (3)(a) A court may order a person who is convicted of or36
pleads guilty to a violation of section 959.131 of the Revised37
Code to forfeit to an impounding agency, as defined in section38
959.132 of the Revised Code, any or all of the companion animals39
in that person's ownership or care. The court also may prohibit or 40
place limitations on the person's ability to own or care for any41
companion animals for a specified or indefinite period of time.42

       (b) A court may order a person who is convicted of or pleads 43
guilty to a violation of section 959.131 of the Revised Code to 44
reimburse an impounding agency for the reasonably necessary costs 45
incurred by the agency for the care of a companion animal that the 46
agency impounded as a result of the investigation or prosecution 47
of the violation, provided that the costs were not otherwise paid 48
under section 959.132 of the Revised Code.49

       (4) If a court has reason to believe that a person who is50
convicted of or pleads guilty to a violation of section 959.131 of51
the Revised Code suffers from a mental or emotional disorder that52
contributed to the violation, the court may impose as a community53
control sanction or as a condition of probation a requirement that54
the offender undergo psychological evaluation or counseling. The55
court shall order the offender to pay the costs of the evaluation56
or counseling.57

       (F) Whoever violates section 959.14 of the Revised Code is58
guilty of a misdemeanor of the second degree on a first offense59
and a misdemeanor of the first degree on each subsequent offense.60

       (G) Whoever violates section 959.05 or 959.20 of the Revised 61
Code is guilty of a misdemeanor of the first degree.62

       (H) Whoever violates section 959.16 of the Revised Code is63
guilty of a felony of the fourth degree for a first offense and a 64
felony of the third degree on each subsequent offense.65

       (I) Whoever violates section 959.15 of the Revised Code is66
guilty of a felony of the fourth degree for a first offense and a 67
felony of the third degree on each subsequent offense. If any 68
equipment, devices, or other items involved in such an offense 69
are confiscated, forfeited, and sold or if any cash is 70
confiscated and forfeited, the proceeds from the sale and the 71
cash that is confiscated and forfeited, if any, shall be used to 72
pay the costs incurred by the impounding animal shelter in caring 73
for or euthanizing a rooster involved in the offense. The court 74
shall order any proceeds and any cash that remain after those 75
costs are paid to be used for educational purposes designed to 76
eliminate cockfighting.77

       Section 2. That existing section 959.99 of the Revised Code 78
is hereby repealed.79