|
|
| To amend section 959.99 and to enact sections 959.30 | 1 |
| to 959.34 of the Revised Code to require violators | 2 |
| of specified statutes in the Animal Cruelty Law to | 3 |
| register with the Attorney General, to require the | 4 |
| Attorney General to establish a registry of those | 5 |
| violators, and to prohibit an animal shelter from | 6 |
| placing for adoption an animal in the shelter's | 7 |
| care with such a violator. | 8 |
| Section 1. That section 959.99 be amended and sections | 9 |
| 959.30, 959.31, 959.32, 959.33, and 959.34 of the Revised Code be | 10 |
| enacted to read as follows: | 11 |
| Sec. 959.30. As used in this section and sections 959.31 to | 12 |
| 959.34 of the Revised Code: | 13 |
| (A) "Animal shelter" has the same meaning as in section | 14 |
| 4729.01 of the Revised Code. | 15 |
| (B) "Humane society" and "law enforcement officer" have the | 16 |
| same meanings as in section 935.01 of the Revised Code. | 17 |
| Sec. 959.31. (A) For purposes of the registry established | 18 |
| under section 959.32 of the Revised Code, an individual who has | 19 |
| been convicted of or pleaded guilty to a violation of section | 20 |
| 959.01, 959.02, 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, | 21 |
| 959.17, 959.18, or 959.20 of the Revised Code shall submit the | 22 |
| following information to the attorney general not later than | 23 |
| thirty days after being convicted of or pleading guilty to such a | 24 |
| violation: | 25 |
| (1) The individual's name, address, gender, and date of | 26 |
| birth; | 27 |
| (2) Details of the violation of section 959.01, 959.02, | 28 |
| 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, | 29 |
| or 959.20 of the Revised Code, including a description of and the | 30 |
| gender and age of each animal that was a victim of the violation; | 31 |
| (3) A description of any enforcement action taken; | 32 |
| (4) Any additional information that the attorney general | 33 |
| considers necessary. | 34 |
| (B) A person who is required to submit information under this | 35 |
| section shall submit a ten dollar fee along with the information. | 36 |
| The fee shall be credited to the animal abuser registration fund | 37 |
| created in section 959.34 of the Revised Code. | 38 |
| (C) No individual shall violate this section. | 39 |
| Sec. 959.32. (A) The attorney general shall establish and | 40 |
| maintain a registry of violations of sections 959.01, 959.02, | 41 |
| 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, | 42 |
| and 959.20 of the Revised Code. The attorney general shall make | 43 |
| the registry available to local and state law enforcement | 44 |
| agencies. In addition, the attorney general shall post the | 45 |
| registry on the attorney general's web site. | 46 |
| (B) The registry shall include all of the information | 47 |
| submitted under section 959.31 of the Revised Code. | 48 |
| (C) A law enforcement officer, agent of a humane society | 49 |
| appointed under section 1717.06 of the Revised Code, or dog warden | 50 |
| or deputy dog warden appointed under Chapter 955. of the Revised | 51 |
| Code who becomes aware of a violation of section 959.01, 959.02, | 52 |
| 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, | 53 |
| or 959.20 of the Revised Code shall inform the attorney general of | 54 |
| that violation and provide the attorney general with information | 55 |
| regarding the violation as specified in section 959.31 of the | 56 |
| Revised Code, if known. The attorney general shall enter that | 57 |
| information into the registry established under division (A) of | 58 |
| this section. | 59 |
| Sec. 959.33. An animal shelter shall not place for adoption | 60 |
| an animal that is kept or harbored by the shelter with an | 61 |
| individual whose name is on the registry established under section | 62 |
| 959.32 of the Revised Code. | 63 |
| Sec. 959.34. There is hereby created in the state treasury | 64 |
| the animal abuser registration fund. The fund shall consist of | 65 |
| money credited to the fund under section 959.31 of the Revised | 66 |
| Code. The attorney general shall use money in the fund to | 67 |
| administer and enforce sections 959.30 to 959.34 of the Revised | 68 |
| Code. | 69 |
| Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 | 70 |
| of the Revised Code is guilty of a minor misdemeanor. | 71 |
| (B) Except as otherwise provided in this division, whoever | 72 |
| violates section 959.02 of the Revised Code is guilty of a | 73 |
| misdemeanor of the second degree. If the value of the animal | 74 |
| killed or the injury done amounts to three hundred dollars or | 75 |
| more, whoever violates section 959.02 of the Revised Code is | 76 |
| guilty of a misdemeanor of the first degree. | 77 |
| (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, | 78 |
| or 959.17 of the Revised Code is guilty of a misdemeanor of the | 79 |
| fourth degree. | 80 |
| (D) Whoever violates division (A) of section 959.13 of the | 81 |
| Revised Code is guilty of a misdemeanor of the second degree. In | 82 |
| addition, the court may order the offender to forfeit the animal | 83 |
| or livestock and may provide for its disposition, including, but | 84 |
| not limited to, the sale of the animal or livestock. If an animal | 85 |
| or livestock is forfeited and sold pursuant to this division, the | 86 |
| proceeds from the sale first shall be applied to pay the expenses | 87 |
| incurred with regard to the care of the animal from the time it | 88 |
| was taken from the custody of the former owner. The balance of the | 89 |
| proceeds from the sale, if any, shall be paid to the former owner | 90 |
| of the animal. | 91 |
| (E)(1) Whoever violates division (B) of section 959.131 of | 92 |
| the Revised Code is guilty of a misdemeanor of the first degree on | 93 |
| a first offense and a felony of the fifth degree on each | 94 |
| subsequent offense. | 95 |
| (2) Whoever violates section 959.01 of the Revised Code or | 96 |
| division (C) of section 959.131 of the Revised Code is guilty of a | 97 |
| misdemeanor of the second degree on a first offense and a | 98 |
| misdemeanor of the first degree on each subsequent offense. | 99 |
| (3) Whoever violates division (D) of section 959.131 of the | 100 |
| Revised Code is guilty of a felony of the fifth degree. | 101 |
| (4) Whoever violates division (E) of section 959.131 of the | 102 |
| Revised Code is guilty of a misdemeanor of the first degree. | 103 |
| (5)(a) A court may order a person who is convicted of or | 104 |
| pleads guilty to a violation of section 959.131 of the Revised | 105 |
| Code to forfeit to an impounding agency, as defined in section | 106 |
| 959.132 of the Revised Code, any or all of the companion animals | 107 |
| in that person's ownership or care. The court also may prohibit or | 108 |
| place limitations on the person's ability to own or care for any | 109 |
| companion animals for a specified or indefinite period of time. | 110 |
| (b) A court may order a person who is convicted of or pleads | 111 |
| guilty to a violation of section 959.131 of the Revised Code to | 112 |
| reimburse an impounding agency for the reasonably necessary costs | 113 |
| incurred by the agency for the care of a companion animal that the | 114 |
| agency impounded as a result of the investigation or prosecution | 115 |
| of the violation, provided that the costs were not otherwise paid | 116 |
| under section 959.132 of the Revised Code. | 117 |
| (6) If a court has reason to believe that a person who is | 118 |
| convicted of or pleads guilty to a violation of section 959.131 of | 119 |
| the Revised Code suffers from a mental or emotional disorder that | 120 |
| contributed to the violation, the court may impose as a community | 121 |
| control sanction or as a condition of probation a requirement that | 122 |
| the offender undergo psychological evaluation or counseling. The | 123 |
| court shall order the offender to pay the costs of the evaluation | 124 |
| or counseling. | 125 |
| (F) Whoever violates section 959.14 of the Revised Code is | 126 |
| guilty of a misdemeanor of the second degree on a first offense | 127 |
| and a misdemeanor of the first degree on each subsequent offense. | 128 |
| (G) Whoever violates section 959.05 | 129 |
| the Revised Code is guilty of a misdemeanor of the first degree. | 130 |
| (H) Whoever violates section 959.16 of the Revised Code is | 131 |
| guilty of a felony of the fourth degree for a first offense and a | 132 |
| felony of the third degree on each subsequent offense. | 133 |
| Section 2. That existing section 959.99 of the Revised Code | 134 |
| is hereby repealed. | 135 |