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Am. H. B. No. 238 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Latta, Stewart, J.
Cosponsors:
Representatives McGregor, J., Bubp, Evans, Ujvagi, Koziura, Zehringer, Bolon, Okey, Miller, Aslanides, Distel, Goodwin, Huffman, Sayre, Hite, Luckie, Adams, Batchelder, Book, Chandler, DeBose, Domenick, Dyer, Gibbs, Goyal, Hagan, J., Hughes, Letson, Mallory, Otterman, Patton, Schlichter, Uecker, Wachtmann, Wagoner, Webster, Widener, Yates
Senators Grendell, Mumper, Schaffer, Niehaus, Miller, D., Buehrer, Cates, Gardner, Harris, Kearney, Spada, Wilson, Faber
A BILL
To amend sections 1531.201, 1531.99, and 1533.99 of
the Revised Code to
revise provisions governing
the restitution value
of a wild animal that is
unlawfully held, taken,
bought, sold, or
possessed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1531.201, 1531.99, and 1533.99 of
the Revised Code be
amended to read as follows:
Sec. 1531.201. (A) As used in this section:
(1) "Gross score" means the number derived by calculating the
measurements of the antlers of a white-tailed deer in accordance
with division (C)(2) of this section.
(2) "Point" means a projection on the antler of a
white-tailed deer that is at least one-inch long as measured from
its tip to the nearest edge of antler beam and the length of which
exceeds the length of its base. "Point" does not include an antler
beam tip.
(3) "Abnormal point" means a point that is nontypical in
shape or location.
(4) "Normal point" means a point that projects from the main
antler beam in a typical shape or location.
(5) "Inside spread of main antler beams" means the
measurement at right angles to the center line of the skull of a
white-tailed deer at the widest point between main antler beams.
(6) "Length of main antler beam" means the measurement from
the lowest outside edge of the antler burr of a white-tailed deer
over the outer curve to the most distant point of what is or
appears to be the main antler beam beginning at the place on the
antler burr where the center line along the outer curve of the
beam intersects the antler burr.
(7) "Antler burr" means the elevated bony rim around the
antler base of a white-tailed deer that is just above the skin of
the pedicle.
(B) The chief of the division of wildlife or his the
chief's
authorized representative may bring a civil action to recover
possession of
or the restitution value of any wild animal held,
taken, bought, sold, or possessed in
violation of this chapter or
Chapter 1533. of the Revised Code or
any division rule against any
person who
held, took, bought, sold, or possessed, or exercised
control over the wild animal.
Except as otherwise provided by
division rule, the following
shall be presumed to be the minimum
value to the state of wild
animals illegally held, taken, or
possessed:
(A) Each whitetail deer..........................$ 400.00
(B) Each fur-bearing animal....................... 50.00
(C) Each game bird ............................... 50.00
(D) Each nongame bird............................. 25.00
(E) Each eagle .................................. 1,000.00
(F) Each osprey................................... 750.00
(G) Each hawk or owl ............................ 100.00
(H) Each game quadruped.......................... 50.00
(I) Each fish................................... 10.00
(J) Each wild turkey ............................ 300.00
(K) Each endangered or threatened species........ 1,000.00
(L) Each other wild animal ....................... 200.00
The minimum restitution value to the state for wild animals
that are unlawfully held, taken, bought, sold, or possessed shall
be established in division rule.
(C)(1) In addition to any restitution value established in
division rule, a person who is convicted of a violation of this
chapter or Chapter 1533. of the Revised Code or a division rule
governing the holding, taking, buying, sale, or possession of an
antlered white-tailed deer with a gross score of more than one
hundred twenty-five inches also shall pay an additional
restitution value that is calculated using the following formula:
Additional restitution value = ((gross score - 100)² x
$1.65).
(2) The gross score of an antlered white-tailed deer shall be
determined by taking and adding together all of the following
measurements, which shall be made to the nearest one-eighth of an
inch using a one-quarter-inch wide flexible steel tape:
(a) Inside spread of the main antler beams, not to exceed the
length of the longest main antler beam;
(b) Length of the right main antler beam;
(c) Length of the left main antler beam;
(d) Total length of all abnormal points;
(e) Total length of all normal points as measured from the
nearest edge of the main antler beam over the outer curve to the
tip. To determine the baseline for normal point measurement, the
tape shall be laid along the outer curve of the antler beam so
that the top edge of the tape coincides with the top edge of the
antler beam on both sides of the point.
(f) Circumference taken at the narrowest place between the
antler burr and the first normal point on the right main antler
beam. If the first normal point is missing, the circumference
shall be taken at the narrowest place between the antler burr and
the second normal point.
(g) Circumference taken at the narrowest place between the
first normal point and the second normal point on the right main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point.
(h) Circumference taken at the narrowest place between the
second normal point and the third normal point on the right main
antler beam;
(i) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the right main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal
point and the tip of the main antler beam.
(j) Circumference taken at the narrowest place between the
antler burr and the first normal point on the left main antler
beam. If the first normal point is missing, the circumference
shall be taken at the narrowest place between the antler burr and
the second normal point.
(k) Circumference taken at the narrowest place between the
first normal point and the second normal point on the left main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point.
(l) Circumference taken at the narrowest place between the
second normal point and the third normal point on the left main
antler beam;
(m) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the left main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal
point and the tip of the main antler beam.
Antlers may be measured at any time; no drying time is
required.
(D) Upon conviction of holding, taking, buying, selling, or
possessing a wild animal in violation of this chapter, Chapter
1533. of the Revised Code, or a division rule, the chief shall
revoke until payment of the restitution value is made each hunting
license, fur taker permit, deer permit, wild turkey permit,
wetlands habitat stamp, and fishing license issued to that person
under this chapter or Chapter 1533. of the Revised Code. No fee
paid for such a license, permit, or stamp shall be returned to the
person.
Upon revoking a person's license, permit, or stamp or a
combination thereof under this division, the chief immediately
shall send a notice of that action by certified mail to the last
known address of the person. The notice shall state the action
taken, order the person to surrender the revoked license, permit,
or stamp or combination thereof, and state that the department of
natural resources will not afford a hearing as required under
section 119.06 of the Revised Code.
(E) Nothing in this section affects the right of seizure
under
any other section of the Revised Code.
Sec. 1531.99. (A) Whoever violates section 1531.02 of the
Revised Code, or any division rule, other than a rule adopted
under
section 1531.25 of the Revised Code, is guilty of a
misdemeanor of the fourth
degree.
(B) Whoever violates section 1531.02 of the Revised Code
concerning the taking or possession of deer or violates division
(K) of section 1531.06 or section 1531.07 or 1531.29 of the
Revised Code is guilty of a misdemeanor of the third degree on a
first
offense; on each subsequent offense, that person is guilty
of a misdemeanor of
the first degree.
(C) Whoever violates section 1531.25 of the Revised Code
is
guilty of a misdemeanor of the first degree.
(D) Whoever violates section 1531.02 of the Revised Code
concerning the
buying, selling, or offering for sale of any wild
animals or parts of wild animals, the
minimum value of which
animals or parts, in the aggregate, is one
thousand dollars or
more as established under section 1531.201 of the Revised Code, is
guilty of a felony of the fifth degree.
(E) A court that imposes sentence for a violation of any
section of this chapter governing the holding, taking, buying,
selling, or
possession of wild animals, including, without
limitation,
section 1531.11 of the Revised Code, shall may require
the person who
is convicted of or pleads guilty to the offense, in
addition to
any fine, term of imprisonment, seizure, and
forfeiture imposed,
to make restitution for the minimum value of
the wild animal
illegally held, taken, bought, sold, or possessed
as established under section
1531.201 of the Revised Code. An
officer who collects moneys
paid as restitution under this section
shall pay those moneys to
the treasurer of state who shall deposit
them in the state
treasury to the credit of the wildlife fund
established under
section 1531.17 of the Revised Code.
Sec. 1533.99. (A) Whoever violates section 1533.17 of the
Revised Code is guilty of a misdemeanor of the third
degree on a
first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed
under this
division,
on a second or subsequent offense occurring
within a period of three
consecutive years after the date of
conviction of the immediately preceding
violation of that section
any firearms or other hunting implements in the
possession or
under the control of the offender at the time of
the violation are
subject to seizure in accordance with section
1531.20 of the
Revised Code. If the offender
persists in the offense after
reasonable warning or request to
desist, the offender is guilty of
a misdemeanor of the
second degree.
(B) Whoever violates section 1533.161, 1533.23, 1533.24,
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55,
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72,
1533.73,
1533.74, 1533.75, 1533.76, 1533.77, 1533.79, or 1533.80,
division (F)
of section 1533.731, or division (B) or (C) of
section
1533.97 of the
Revised Code is guilty of a misdemeanor of
the third degree.
(C) Whoever violates division (B) of section 1533.03,
section
1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35,
1533.42,
1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721,
1533.881,
or 1533.882, division (B)(2) or (3) of
section 1533.731, or
division (A) of section 1533.97 of the Revised Code is guilty of
a
misdemeanor of the first degree.
(D) Whoever violates division (D) of section 1533.97 of
the
Revised Code is guilty of a misdemeanor of the fourth degree.
The
court shall require any person who is convicted of or pleads
guilty to the offense to refund to all participants in the
fishing
tournament operated by the person any entry fees paid by
the
participants.
(E) Whoever violates division (C) or (D) of section 1533.632
of the Revised
Code is guilty of a felony of the fifth degree.
(F) Whoever violates any section of this chapter for which
no
penalty is otherwise provided is guilty of a misdemeanor of
the
fourth degree.
(G) A court that imposes sentence for a violation of any
section of this chapter governing the holding, taking, or
possession of wild animals shall may require the person who is
convicted of or pleads guilty to the offense, in addition to any
fine, term of imprisonment, seizure, and forfeiture imposed, to
make restitution for the minimum value of the wild animal or
animals illegally held, taken, or possessed as established under
section 1531.201 of the Revised Code. An officer who collects
moneys paid as restitution under this section shall pay those
moneys to the treasurer of state who shall deposit them in the
state treasury to the credit of the wildlife fund established
under section 1531.17 of the Revised Code.
Section 2. That existing sections 1531.201, 1531.99, and
1533.99 of the Revised Code
is hereby repealed.
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