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To amend section 959.99 of the Revised Code to | 1 |
increase the penalty for animal fighting, | 2 |
including cockfighting. | 3 |
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, whoever | 8 |
violates section 959.02 of the Revised Code is guilty of a | 9 |
misdemeanor of the second degree. If the value of the animal | 10 |
killed or the injury done amounts to three hundred dollars or | 11 |
more, whoever violates section 959.02 of the Revised Code is | 12 |
guilty of a misdemeanor of the first degree. | 13 |
(C) Whoever violates section 959.03, 959.06, 959.12,
| 14 |
or 959.17 of the Revised Code is guilty of a misdemeanor of the | 15 |
fourth degree. | 16 |
(D) Whoever violates division (A) of section 959.13 of the | 17 |
Revised Code is guilty of a misdemeanor of the second degree. In | 18 |
addition, the court may order the offender to forfeit the animal | 19 |
or livestock and may provide for its disposition, including, but | 20 |
not limited to, the sale of the animal or livestock. If an animal | 21 |
or livestock is forfeited and sold pursuant to this division, the | 22 |
proceeds from the sale first shall be applied to pay the expenses | 23 |
incurred with regard to the care of the animal from the time it | 24 |
was taken from the custody of the former owner. The balance of the | 25 |
proceeds from the sale, if any, shall be paid to the former owner | 26 |
of the animal. | 27 |
(E)(1) Whoever violates division (B) of section 959.131 of | 28 |
the Revised Code is guilty of a misdemeanor of the first degree on | 29 |
a first offense and a felony of the fifth degree on each | 30 |
subsequent offense. | 31 |
(2) Whoever violates section 959.01 of the Revised Code or | 32 |
division (C) of section 959.131 of the Revised Code is guilty of a | 33 |
misdemeanor of the second degree on a first offense and a | 34 |
misdemeanor of the first degree on each subsequent offense. | 35 |
(3)(a) A court may order a person who is convicted of or | 36 |
pleads guilty to a violation of section 959.131 of the Revised | 37 |
Code to forfeit to an impounding agency, as defined in section | 38 |
959.132 of the Revised Code, any or all of the companion animals | 39 |
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 any | 41 |
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 is | 50 |
convicted of or pleads guilty to a violation of section 959.131 of | 51 |
the Revised Code suffers from a mental or emotional disorder that | 52 |
contributed to the violation, the court may impose as a community | 53 |
control sanction or as a condition of probation a requirement that | 54 |
the offender undergo psychological evaluation or counseling. The | 55 |
court shall order the offender to pay the costs of the evaluation | 56 |
or counseling. | 57 |
(F) Whoever violates section 959.14 of the Revised Code is | 58 |
guilty of a misdemeanor of the second degree on a first offense | 59 |
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 is | 63 |
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 is | 66 |
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 |