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H. B. No. 108 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Domenick, Blessing
Cosponsors:
Representatives Harris, Newcomb, Luckie, Chandler, Yuko
A BILL
To amend section 959.99 of the Revised Code to
increase the penalty for cockfighting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 959.99 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 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 fourth
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 used for
educational purposes designed to
eliminate cockfighting.
Section 2. That existing section 959.99 of the Revised Code
is hereby repealed.
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