130th Ohio General Assembly
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H. B. No. 641  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 641


Representative Celebrezze 

Cosponsors: Representatives Barborak, Cera, Foley, Beck, Antonio, Fedor, O'Brien, Hagan, R. 



A BILL
To amend section 959.99 and to enact sections 959.30 to 959.34 of the Revised Code to require violators of specified statutes in the Animal Cruelty Law to register with the Attorney General, to require the Attorney General to establish a registry of those violators, and to prohibit an animal shelter from placing for adoption an animal in the shelter's care with such a violator.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 959.99 be amended and sections 959.30, 959.31, 959.32, 959.33, and 959.34 of the Revised Code be enacted to read as follows:
Sec. 959.30.  As used in this section and sections 959.31 to 959.34 of the Revised Code:
(A) "Animal shelter" has the same meaning as in section 4729.01 of the Revised Code.
(B) "Humane society" and "law enforcement officer" have the same meanings as in section 935.01 of the Revised Code.
Sec. 959.31.  (A) For purposes of the registry established under section 959.32 of the Revised Code, an individual who has been convicted of or pleaded guilty to a violation of section 959.01, 959.02, 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, or 959.20 of the Revised Code shall submit the following information to the attorney general not later than thirty days after being convicted of or pleading guilty to such a violation:
(1) The individual's name, address, gender, and date of birth;
(2) Details of the violation of section 959.01, 959.02, 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, or 959.20 of the Revised Code, including a description of and the gender and age of each animal that was a victim of the violation;
(3) A description of any enforcement action taken;
(4) Any additional information that the attorney general considers necessary.
(B) A person who is required to submit information under this section shall submit a ten dollar fee along with the information. The fee shall be credited to the animal abuser registration fund created in section 959.34 of the Revised Code.
(C) No individual shall violate this section.
Sec. 959.32.  (A) The attorney general shall establish and maintain a registry of violations of sections 959.01, 959.02, 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, and 959.20 of the Revised Code. The attorney general shall make the registry available to local and state law enforcement agencies. In addition, the attorney general shall post the registry on the attorney general's web site.
(B) The registry shall include all of the information submitted under section 959.31 of the Revised Code.
(C) A law enforcement officer, agent of a humane society appointed under section 1717.06 of the Revised Code, or dog warden or deputy dog warden appointed under Chapter 955. of the Revised Code who becomes aware of a violation of section 959.01, 959.02, 959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, or 959.20 of the Revised Code shall inform the attorney general of that violation and provide the attorney general with information regarding the violation as specified in section 959.31 of the Revised Code, if known. The attorney general shall enter that information into the registry established under division (A) of this section.
Sec. 959.33.  An animal shelter shall not place for adoption an animal that is kept or harbored by the shelter with an individual whose name is on the registry established under section 959.32 of the Revised Code.
Sec. 959.34. There is hereby created in the state treasury the animal abuser registration fund. The fund shall consist of money credited to the fund under section 959.31 of the Revised Code. The attorney general shall use money in the fund to administer and enforce sections 959.30 to 959.34 of the Revised Code.
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 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, or 959.31 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.
Section 2. That existing section 959.99 of the Revised Code is hereby repealed.
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