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H. B. No. 641 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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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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