H. B. No. 71 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 71

Representative White

Cosponsors: Representatives McGregor, J., Setzer, Brown, Hagan, J., Seitz, Wagoner, Wolpert

A BILL

To amend section 959.16 of the Revised Code to apply 1
certain impoundment provisions in the companion 2
animal statutes to the confiscation of dogs under 3
the statute prohibiting dog fighting. 4

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

       Section 1. That section 959.16 of the Revised Code be amended 5
to read as follows: 6

       Sec. 959.16. (A) No person shall knowingly do any of the 7
following: 8

       (1) Promote, engage in, or be employed at dogfighting; 9

       (2) Receive money for the admission of another person to a 10
place kept for dogfighting; 11

       (3) Sell, purchase, possess, or train a dog for dogfighting; 12

       (4) Use, train, or possess a dog for seizing, detaining, or 13
maltreating a domestic animal; 14

       (5) Purchase a ticket of admission to or be present at a 15
dogfight; 16

       (6) Witness a dogfight if it is presented as a public 17
spectacle. 18

       (B) The department of agriculture may investigate complaints 19
and follow up rumors of dogfighting activities and may report any 20
information so gathered to an appropriate prosecutor or law 21
enforcement agency. 22

       (C) Any peace officer, as defined in section 2935.01 of the 23
Revised Code, shall confiscate any dogs that have been, are, or 24
are intended to be used in dogfighting and any equipment or 25
devices used in training such dogs or as part of dogfights. 26

       (D) Divisions (D) to (G) of section 959.132 of the Revised 27
Code shall apply to dogs confiscated under division (C) of this 28
section and to the owners, custodians, and caretakers of such 29
dogs. For purposes of that application, references to section 30
959.131 of the Revised Code in those divisions shall be deemed to 31
include this section. 32

       Section 2. That existing section 959.16 of the Revised Code 33
is hereby repealed. 34

Section 1. That section 959.16 of the Revised Code be amended	5
to read as follows:	6

Sec. 959.16. (A) No person shall knowingly do any of the	7
following:	8

(2) Receive money for the admission of another person to a	10
place kept for dogfighting;	11

(4) Use, train, or possess a dog for seizing, detaining, or	13
maltreating a domestic animal;	14

(5) Purchase a ticket of admission to or be present at a	15
dogfight;	16

(6) Witness a dogfight if it is presented as a public	17
spectacle.	18

(B) The department of agriculture may investigate complaints	19
and follow up rumors of dogfighting activities and may report any	20
information so gathered to an appropriate prosecutor or law	21
enforcement agency.	22

(C) Any peace officer, as defined in section 2935.01 of the	23
Revised Code, shall confiscate any dogs that have been, are, or	24
are intended to be used in dogfighting and any equipment or	25
devices used in training such dogs or as part of dogfights.	26

(D) Divisions (D) to (G) of section 959.132 of the Revised	27
Code shall apply to dogs confiscated under division (C) of this	28
section and to the owners, custodians, and caretakers of such	29
dogs. For purposes of that application, references to section	30
959.131 of the Revised Code in those divisions shall be deemed to	31
include this section.	32

Section 2. That existing section 959.16 of the Revised Code	33
is hereby repealed.	34