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Am. Sub. H. B. No. 108 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Domenick, Blessing
Cosponsors:
Representatives Harris, Newcomb, Luckie, Chandler, Yuko, Bacon, Bolon, Brown, DeBose, Dodd, Dyer, Foley, Garland, Gerberry, Grossman, Hackett, Hagan, Heard, Letson, Mallory, Pillich, Stewart, Williams, B., Winburn, Yates
A BILL
To amend sections 959.161 and 959.99 and to enact
section 959.151 of the Revised Code to
revise the
law governing cockfighting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 959.161 and 959.99 be amended and
section 959.151 of the Revised Code be enacted
to read as
follows:
Sec. 959.151. A peace officer, as defined in section 959.161
of the Revised Code, shall confiscate any equipment or devices
used in training roosters for the purpose of cockfighting or as
part of cockfighting.
Sec. 959.161. (A) As used in this section:
(1) "Fighting dog animal" means a either of the following:
(a) A rooster that a peace officer has probable cause to
believe has been, is, or is intended to be used in cockfighting in
violation of section 959.15 of the Revised Code;
(b) A dog that a peace officer has
probable cause to
believe has been, is, or is intended to be
used in dogfighting in
violation of section 959.16 of the Revised
Code.
(2) "Impounding entity" means the entity that has possession
of an impounded fighting dog animal during its impoundment.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Violation" means a violation of section 959.15 of the
Revised Code involving cockfighting, a violation of section 959.16
of the
Revised Code, or an attempt, in violation of section
2923.02 of
the Revised Code, to violate section 959.16 either of
the Revised Code those provisions.
(B) A peace officer may seize and cause to be impounded with
an impounding entity a fighting dog animal that the peace officer
has
probable cause to believe is involved in a violation.
(C) A fighting dog animal that is seized under this section
may
be
humanely destroyed under either of the following
circumstances:
(1) During its seizure if it is necessary because the
fighting dog animal is suffering;
(2) At any time during its impoundment if a licensed
veterinarian determines it to be necessary because the fighting
dog animal is suffering.
(D) Procedures, requirements, and other provisions that are
established in divisions (C), (E), (F), and (G) of section
959.132 of the Revised Code shall apply to the seizure,
impoundment, and disposition of a fighting dog animal. For
purposes of
that application, references in those divisions of
section 959.132
of the Revised Code to "companion animal,"
"impounding agency,"
"officer," and "offense" shall be deemed to
be replaced,
respectively, with references to "fighting dog
animal," "impounding
entity," "peace officer," and "violation" as
defined in this
section. Likewise, references in those divisions
of section
959.132 of the Revised Code to "section 959.131 of the
Revised
Code" shall be deemed to be replaced with references
to
the cockfighting provisions of section 959.15 of the Revised Code
or to section
959.16 of the Revised Code, as applicable.
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 Except as provided in division (I) of this
section, 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. 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 of the
first degree on
a first
offense and a felony of the
fifth 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 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.
(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 a first offense and
a
felony of
the third degree on each subsequent offense.
(I) Whoever violates section 959.15 of the Revised
Code as
it relates to cockfighting
is
guilty of a felony of the fifth
degree for a first offense and a
felony of the third degree on
each subsequent offense. If any
equipment, devices,
or other
items involved in
such an offense
are confiscated,
forfeited,
and sold or if any cash is
confiscated and forfeited,
the
proceeds
from the sale and the
cash that is confiscated and
forfeited, if any, shall be used to
pay the costs incurred by the
impounding animal shelter in caring
for or euthanizing a rooster
involved in the offense. The court
shall order
any proceeds and
any cash that remain after those
costs are paid to be transferred
to a local 4-H youth development program to be used for
educational purposes.
Section 2. That existing sections 959.161 and 959.99 of the
Revised Code
are hereby repealed.
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