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H. B. No. 569 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Sears, Wachtmann
Cosponsors:
Representatives Beck, Blessing, Derickson, DeVitis, Hall, Mallory
A BILL
To amend sections 959.15 and 959.99 of the Revised
Code to prohibit and establish an increased
penalty for knowingly engaging in activities
associated with cockfighting, bearbaiting, or
pitting an animal against another.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 959.15 and 959.99 of the Revised
Code be amended to read as follows:
Sec. 959.15. (A) No person shall knowingly engage do either
of the following:
(1) Engage in or be employed at cockfighting, bearbaiting, or
pitting an animal against another; no person shall receive money
for the admission of another to a place kept for such purpose; no
person shall use,
(2) Use, train, or possess any animal for seizing, detaining,
or maltreating a domestic animal. Any person who knowingly
purchases a ticket of admission to such place, or is present
thereat, or witnesses such spectacle, is an aider and abettor.
(B) When committing a violation of division (A) of this
section, no person shall knowingly do either of the following:
(1) Be employed at cockfighting, bearbaiting, or pitting an
animal against another;
(2) Do any of the following regarding an event involving
cockfighting, bearbaiting, or pitting an animal against another:
(a) Wager money or anything else of value on the results of
the event;
(b) Pay money or give anything else of value in exchange for
admission to or being present at the event;
(c) Receive money or anything else of value in exchange for
the admission of another person to the event or for another person
to be present at the event;
(d) Permit or cause a minor to be present at the event if any
person present at or involved with the event is conducting any of
the activities described in division (B) of this section;
(e) Use, possess, or permit or cause to be present any device
or substance intended to enhance an animal's ability to fight or
to inflict injury on another animal.
(C) A person who knowingly witnesses cockfighting,
bearbaiting, or an event in which one animal is pitted against
another in violation of division (B) of this section, is an aider
and abettor and has committed a violation of this division.
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 or division (A) of section 959.15 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) Whoever violates division (D) of section 959.131 of the
Revised Code is guilty of a felony of the fifth degree.
(4) Whoever violates division (E) of section 959.131 of the
Revised Code is guilty of a misdemeanor of the first degree.
(5)(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.
(6) 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 division (B) or (C) of section 959.15 of
the Revised Code is guilty of a felony and shall be fined not more
than ten thousand dollars.
Section 2. That existing sections 959.15 and 959.99 of the
Revised Code are hereby repealed.
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