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H. B. No. 260 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Murray, Blessing, Grossman, Phillips, Combs, Maag, Blair, Garland, Conditt, Letson, Yuko, Brenner
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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