Fiscal Note & Local Impact Statement
127 th General Assembly of Ohio
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BILL: |
DATE: |
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STATUS: |
SPONSOR: |
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LOCAL IMPACT
STATEMENT REQUIRED: |
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STATE
GOVERNMENT |
FY 2009 |
FY 2010 |
FUTURE YEARS |
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General Revenue Fund |
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Revenues |
Potential negligible gain |
Potential negligible gain |
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Expenditures |
- 0 - |
- 0 - |
- 0 - |
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Victims of
Crime/Reparations Fund (Fund 0420) |
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Revenues |
Potential negligible gain
in fine revenue |
Potential negligible gain
in fine revenue |
Potential negligible gain
in fine revenue |
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Expenditures |
- 0 - |
- 0 - |
- 0 - |
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Note: The state
fiscal year is July 1 through June 30.
For example, FY 2009 is July 1, 2008 – June 30, 2009.
·
The
bill enhances the fines for cockfighting.
The Attorney General's Victims of Crime/Reparations Fund (Fund 0420) and
the GRF both receive a portion of fines collected by county courts, and could
gain small amounts of revenue if this bill leads to a higher number of
convictions and fines.
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LOCAL
GOVERNMENT |
FY 2008 |
FY 2009 |
FUTURE YEARS |
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Counties |
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Revenues |
Potential gain in fine
revenue; gain from sale of confiscated goods and forfeited cash |
Potential gain in fine
revenue; gain from sale of confiscated goods and forfeited cash |
Potential gain in fine
revenue; gain from sale of confiscated goods and forfeited cash |
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Expenditures |
Potential increase in
court costs from increased caseloads |
Potential increase in
court costs from increased caseloads |
Potential increase in
court costs from increased caseloads |
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Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.
·
The
bill enhances the penalties for cockfighting.
While county courts may experience an increase in cases that are decided
by a jury trial due to the penalty enhancements, these costs could be offset by
the increases in fines.
·
The
bill requires the proceeds collected from the sale of confiscated property and
forfeited cash to be used to pay the expenses of sheltering and euthanizing
impounded roosters. The bill further
requires that any remaining amounts be used for educational programs to
dissuade individuals from participating in cockfighting.
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Background
The bill increases the
penalty for cockfighting. Under current
law, animal fighting, which includes cockfighting, is a
misdemeanor of the fourth degree. Both county dog wardens and
local police are permitted to investigate any claims of dogfighting or
cockfighting. The
bill increases the penalty to a felony of the fourth degree, which carries a
penalty of between 6-18 months in prison and a fine of $5,000, for the first
offense, and a felony of the third degree for subsequent offenses. A third-degree felony carries a penalty of between
one and five years in prison and a fine of $10,000.
In
addition to the penalty enhancements above, the bill also provides that if any
equipment, devices, or other items involved in such offenses are confiscated,
forfeited, and sold or if any cash is confiscated and forfeited, the proceeds
from the sale and the cash is to be used to pay the costs incurred by the
impounding animal shelter in caring for or euthanizing roosters involved in
these offenses. Courts are required to
order that any remaining proceeds and any cash after those costs are paid be
used for educational purposes designed to eliminate cockfighting.
Impact on county courts and animal shelters
The
enhancement of penalties for cockfighting could potentially lead to more cases
being determined by jury trial than through plea-bargaining. This could potentially result in increased
court costs for counties. However, some
of these additional costs could be offset by the additional revenue received
through the increase in fines levied for the enhanced penalties. With a greater chance for a higher number of
jury trials, county animal shelters may have to house impounded animals longer
if these cases take longer to reach an outcome. The costs of housing these animals longer could be offset by the
proceeds of confiscated property and forfeited cash.
Ultimately, the fiscal
impact of the bill will depend on the number of cockfighting cases that
arise. According to the Attorney
General's web site, the Humane Society of the United States reports that in
calendar year 2007 there were two cases of cockfighting statewide, in which
there were 22 arrests and 101 roosters seized.
Property and/or cash was seized in both of these cases.
LSC fiscal staff: Terry Steele, Budget Analyst