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 and dogfighting. 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.
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 animal fighting, including cockfighting and
dogfighting. 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 animals. The bill further
requires that any remaining amounts be used for educational programs to
dissuade individuals from participating in cockfighting or dogfighting.
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Background
The bill increases the
penalties for animal fighting, including dogfighting and 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.
With respect to dogfighting, current law makes a first offense a felony of
the fourth degree and a felony of the third degree for each subsequent
offense. The bill changes this so that
the penalty for this offense is always a felony of the third degree. 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 dogs or 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
and dogfighting.
Impact on county courts and animal shelters
The
enhancement of penalties for dogfighting and 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 dogfighting and cockfighting
cases that arise. According to Franklin
County Clerk of Courts' records, there were four cases of animal fighting in
2006. According to the Attorney
General's web site, the Humane Society of the United States reports that in
calendar year 2007 there were 12 cases of animal fighting statewide, in which
there were 56 arrests and 101 roosters and 149 dogs seized. Property and/or cash was seized in five of
these cases.
LSC fiscal staff: Terry Steele, Budget Analyst