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S. B. No. 67 As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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Senators Mumper, Wachtmann, Randy Gardner, DiDonato, Coughlin, Stivers, Austria, Goodman
A BILL
To amend section 901.99 and to enact section 901.511
of the Revised Code to prohibit damaging or
destroying crops, timber, livestock, or equipment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 901.99 be amended and section 901.511
of the Revised Code be enacted to read as follows:
Sec. 901.511. (A) No person, without privilege to do so,
shall purposely damage or destroy any field crop,
field crop
product, timber, timber product, or livestock that is produced for
either of
the following: (1) Personal or commercial purposes; (2) Testing or research purposes in the context of a product
development program in conjunction or coordination with a private
research facility, a university, or any federal, state, or local
government agency. (B) No person, without privilege to do so, shall purposely
damage or destroy any equipment used in the
production of any
field crop, field crop product, timber, timber product, or
livestock or
any laboratory, research, or fixed equipment used to
test or
analyze the process of producing any field crop, field
crop
product, timber, timber product, or livestock. (C)(1) In addition to the penalty provided in section 901.99
of the Revised Code for a violation of this section, the court
shall require any person who violates this section to pay to the
victim of the offense an amount equal to twice the value of the
crop, crop product, timber, timber product, livestock, or
equipment damaged or destroyed. (2) In ordering restitution under this section, the court
shall consider as part of the value of the crop, crop product,
timber, timber product,
livestock, or equipment
the market value
of the crop, crop
product, timber, timber product, livestock, or
equipment prior to damage or
destruction
and production, research,
testing, replacement, and
development costs directly related to
the crop, crop
product, timber, timber product,
livestock, or
equipment that has been damaged or destroyed. (3) Restitution available under this section shall be limited
to twice the market value of the crop, crop product, timber,
timber product, livestock, or
equipment prior to
damage or
destruction plus twice the actual
damages involving
production,
research, testing, replacement, and
development
costs directly
related to the crop, crop product, timber, timber product,
livestock, or equipment that has been
damaged or destroyed.
Sec. 901.99. (A) Whoever violates section 901.51 of the
Revised Code is
guilty of a misdemeanor of the fourth degree. (B) Whoever violates section
901.511 or 901.75 or division
(C) of
section 901.73 of the
Revised Code is guilty of a
misdemeanor of
the first degree. (C) Whoever violates division (A) of section 901.76 of
the
Revised Code is
guilty of a felony of the fifth degree on a
first
offense and of a felony of the fourth degree on each
subsequent
offense. (D) Whoever violates division (B) of section 901.76 of
the
Revised Code is
guilty of a felony of the fourth degree.
Section 2. That existing section 901.99 of the Revised Code
is hereby repealed.
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