|
|
| To amend section 959.99 of the Revised Code to | 1 |
| increase the penalty for cockfighting. | 2 |
| Section 1. That section 959.99 of the Revised Code be amended | 3 |
| to read as follows: | 4 |
| Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 | 5 |
| of the Revised Code is guilty of a minor misdemeanor. | 6 |
| (B) Except as otherwise provided in this division, whoever | 7 |
| violates section 959.02 of the Revised Code is guilty of a | 8 |
| misdemeanor of the second degree. If the value of the animal | 9 |
| killed or the injury done amounts to three hundred dollars or | 10 |
| more, whoever violates section 959.02 of the Revised Code is | 11 |
| guilty of a misdemeanor of the first degree. | 12 |
| (C) | 13 |
| section, 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 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 as | 66 |
| it relates to cockfighting is guilty of a felony of the fourth | 67 |
| degree for a first offense and a felony of the third degree on | 68 |
| each subsequent offense. If any equipment, devices, or other | 69 |
| items involved in such an offense are confiscated, forfeited, | 70 |
| and sold or if any cash is confiscated and forfeited, the | 71 |
| proceeds from the sale and the cash that is confiscated and | 72 |
| forfeited, if any, shall be used to pay the costs incurred by the | 73 |
| impounding animal shelter in caring for or euthanizing a rooster | 74 |
| involved in the offense. The court shall order any proceeds and | 75 |
| any cash that remain after those costs are paid to be used for | 76 |
| educational purposes designed to eliminate cockfighting. | 77 |
| Section 2. That existing section 959.99 of the Revised Code | 78 |
| is hereby repealed. | 79 |