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H. B. No. 22 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Williams, B.
Cosponsors: Representatives Domenick, Yuko, Ujvagi, DeGeeter, Luckie, Otterman, Fende, Sayre, Skindell, Strahorn, Koziura, Chandler, Stewart, D.
A BILL
To amend sections 959.99 and 2152.19 of the Revised Code to increase certain penalties for cruelty to animals and to require a child under fifteen years of age who commits cruelty against a companion animal to undergo psychological counseling.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 959.99 and 2152.19 of the Revised Code be amended to read as follows:
Sec. 959.99. (A) Whoever violates section
959.18
or 959.19 of the Revised Code is guilty of a minor misdemeanor. (B) Except as otherwise provided in this division,
whoever
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of
the second degree. If the value of the animal
killed or the
injury done amounts to three hundred dollars or
more, whoever
violates section 959.02 of the Revised Code is
guilty of a
misdemeanor of the first degree. (C) Whoever violates section 959.03, 959.06, 959.12,
959.15,
or 959.17 of the Revised Code is guilty of a misdemeanor
of the
fourth degree. (D) Whoever violates division (A) of section 959.13 of the
Revised Code is guilty of a misdemeanor of the second degree on a first offense and a felony of the fifth degree on each subsequent offense. In
addition, the court may order the offender to forfeit the animal
or livestock and may provide for its disposition, including, but
not limited to, the sale of the animal or livestock. If an
animal
or livestock is forfeited and sold pursuant to this
division, the
proceeds from the sale first shall be applied to
pay the expenses
incurred with regard to the care of the animal
from the time it
was taken from the custody of the former owner.
The balance of the
proceeds from the sale, if any, shall be paid
to the former owner
of the animal. (E)(1) Whoever violates division (B) of
section
959.131 of
the Revised Code is guilty of a misdemeanor felony of the
first fifth degree on
a first
offense and a felony of the
fifth third degree
on each
subsequent offense. (2) Whoever violates section 959.01 of the Revised Code or
division (C) of
section
959.131 of
the Revised Code is guilty of a
misdemeanor of the
second
degree
on a first offense and a
misdemeanor of the first
degree on each
subsequent offense. (3)(a) A court may order a person who is convicted of or
pleads
guilty to
a violation of section 959.131 of the Revised
Code
to
forfeit to an impounding agency, as defined in section
959.132 of
the Revised Code, any or all of the companion animals
in that
person's ownership or care. The court also may prohibit
or place
limitations on the person's ability to own or care for
any
companion animals for a specified or indefinite period of
time. (b) A court may order a person who is convicted of or
pleads guilty to a violation of section 959.131 of the Revised
Code to reimburse an impounding agency for the reasonably
necessary costs incurred by the agency for the care of a companion
animal that the agency impounded as a result of the investigation
or prosecution of the violation, provided that the costs were not
otherwise paid under section 959.132 of the Revised Code. (4) If (a) Except as otherwise provided in division (E)(4)(b) of this section, if a court has reason to believe that a person who is
convicted of or
pleads guilty to a violation
of section 959.131 of
the Revised Code
suffers from a mental or emotional
disorder that
contributed to the violation,
the court may impose
as a community
control sanction or as a condition of probation a
requirement that
the offender undergo psychological evaluation or
counseling. The
court shall order the offender to pay the costs
of the evaluation
or counseling.
(b) The court shall require a child under fifteen years of age who is adjudicated a delinquent child under Chapter 2152. of the Revised Code for a violation of division (B) of section 959.131 of the Revised Code to undergo psychological evaluation and counseling in accordance with division (F) of section 2152.19 of the Revised Code. (F) Whoever violates section 959.14 of the Revised Code is
guilty of a misdemeanor of the second degree on a first offense
and
a misdemeanor of the first degree on each subsequent offense. (G) Whoever violates section 959.05 or 959.20 of the
Revised Code is guilty of a misdemeanor of the first degree. (H) Whoever violates section 959.16 of the Revised Code
is
guilty of a felony of the fourth degree for on a first offense and
a felony of
the third degree on each subsequent offense.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child; (2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code; (3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days; (4) Place the child on community control under any
sanctions,
services,
and conditions that the court prescribes. As
a
condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court; (b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest without electronic
monitoring or continuous alcohol monitoring; (k) A period of electronic monitoring or continuous alcohol monitoring without house arrest,
or
house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a
child under this
division, it shall require the child: to remain in the child's
home or
other specified premises for the entire period of
house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court
permits the child to
leave those premises to go to school or to
other specified
premises. Regarding electronic monitoring, the court also shall require the child to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the house
arrest with electronic monitoring, and
agreeing to waive the right to receive credit for any
time served
on house arrest with electronic monitoring toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
house arrest with electronic monitoring. The court also
may impose
other reasonable requirements upon the child. Unless ordered by the court, a child shall not receive credit
for any time
served on
house arrest with electronic monitoring
or continuous alcohol monitoring or both toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l)(k) of this section, "continuous alcohol monitoring" has the same meaning as in section 2929.01 of the Revised Code. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. A child whose license or
permit is so suspended is
ineligible for issuance of a license or
permit during the period
of suspension. At the end of the period
of suspension, the child
shall not be reissued a license or permit
until the child has paid
any applicable reinstatement fee and
complied with all
requirements governing license reinstatement. (5) Commit the child to the custody of the
court; (6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year; (7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or a habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following: (i) Require the child to participate in a truancy prevention
mediation program; (ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section. (b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following: (i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child. (8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following: (a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.43 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter. (B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code. (2)
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if the child
attends and
satisfactorily completes a drug abuse or
alcohol abuse
education,
intervention, or treatment program
specified by the
court. During
the time the child is attending
a program
described in this division, the
court shall retain
the child's
temporary instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it terminates the
suspension as described in this
division. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child. (2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires. (3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) If a child is adjudicated a delinquent child for being a
chronic
truant or a habitual truant who previously has been
adjudicated an
unruly child for being a habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being a habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code. (F) If a child under fifteen years of age is adjudicated a delinquent child for a violation of division (B) of section 959.131 of the Revised Code, the court, in addition to any other disposition that it makes under this section, shall require the child to undergo psychological evaluation and individual or family counseling for a period of not less than six months. The court may order the parent, guardian, or other person having care of the child to pay the costs of the evaluation, the counseling, or both.
(G)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(G)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(G)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G)(H) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense, the court in the order
of disposition
shall do one of the following:
(1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code; (2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Section 2. That existing sections 959.99 and 2152.19 of the Revised Code are hereby repealed.
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