As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 22


Representative Williams, B. 

Cosponsors: Representatives Domenick, Yuko, Ujvagi, DeGeeter, Luckie, Otterman, Fende, Sayre, Skindell, Strahorn, Koziura, Chandler, Stewart, D. 


A BILL
To amend sections 959.99 and 2152.19 of the Revised 1
Code to increase certain penalties for cruelty to 2
animals and to require a child under fifteen years 3
of age who commits cruelty against a companion 4
animal to undergo psychological counseling.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 959.99 and 2152.19 of the Revised 6
Code be amended to read as follows:7

       Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 8
of the Revised Code is guilty of a minor misdemeanor.9

       (B) Except as otherwise provided in this division, whoever10
violates section 959.02 of the Revised Code is guilty of a11
misdemeanor of the second degree. If the value of the animal12
killed or the injury done amounts to three hundred dollars or13
more, whoever violates section 959.02 of the Revised Code is14
guilty of a misdemeanor of the first degree.15

       (C) Whoever violates section 959.03, 959.06, 959.12, 959.15,16
or 959.17 of the Revised Code is guilty of a misdemeanor of the17
fourth degree.18

       (D) Whoever violates division (A) of section 959.13 of the19
Revised Code is guilty of a misdemeanor of the second degree on a 20
first offense and a felony of the fifth degree on each subsequent 21
offense. In addition, the court may order the offender to forfeit 22
the animal or livestock and may provide for its disposition, 23
including, but not limited to, the sale of the animal or 24
livestock. If an animal or livestock is forfeited and sold 25
pursuant to this division, the proceeds from the sale first shall 26
be applied to pay the expenses incurred with regard to the care of 27
the animal from the time it was taken from the custody of the 28
former owner. The balance of the proceeds from the sale, if any, 29
shall be paid to the former owner of the animal.30

       (E)(1) Whoever violates division (B) of section 959.131 of31
the Revised Code is guilty of a misdemeanorfelony of the first32
fifth degree on a first offense and a felony of the fifththird33
degree on each subsequent offense.34

       (2) Whoever violates section 959.01 of the Revised Code or35
division (C) of section 959.131 of the Revised Code is guilty of a36
misdemeanor of the second degree on a first offense and a37
misdemeanor of the first degree on each subsequent offense.38

       (3)(a) A court may order a person who is convicted of or39
pleads guilty to a violation of section 959.131 of the Revised40
Code to forfeit to an impounding agency, as defined in section41
959.132 of the Revised Code, any or all of the companion animals42
in that person's ownership or care. The court also may prohibit or 43
place limitations on the person's ability to own or care for any44
companion animals for a specified or indefinite period of time.45

       (b) A court may order a person who is convicted of or pleads 46
guilty to a violation of section 959.131 of the Revised Code to 47
reimburse an impounding agency for the reasonably necessary costs 48
incurred by the agency for the care of a companion animal that the 49
agency impounded as a result of the investigation or prosecution 50
of the violation, provided that the costs were not otherwise paid 51
under section 959.132 of the Revised Code.52

       (4) If(a) Except as otherwise provided in division (E)(4)(b) 53
of this section, if a court has reason to believe that a person 54
who is convicted of or pleads guilty to a violation of section 55
959.131 of the Revised Code suffers from a mental or emotional56
disorder that contributed to the violation, the court may impose57
as a community control sanction or as a condition of probation a58
requirement that the offender undergo psychological evaluation or59
counseling. The court shall order the offender to pay the costs of 60
the evaluation or counseling.61

       (b) The court shall require a child under fifteen years of 62
age who is adjudicated a delinquent child under Chapter 2152. of 63
the Revised Code for a violation of division (B) of section 64
959.131 of the Revised Code to undergo psychological evaluation 65
and counseling in accordance with division (F) of section 2152.19 66
of the Revised Code.67

       (F) Whoever violates section 959.14 of the Revised Code is68
guilty of a misdemeanor of the second degree on a first offense69
and a misdemeanor of the first degree on each subsequent offense.70

       (G) Whoever violates section 959.05 or 959.20 of the Revised 71
Code is guilty of a misdemeanor of the first degree.72

       (H) Whoever violates section 959.16 of the Revised Code is73
guilty of a felony of the fourth degree foron a first offense and74
a felony of the third degree on each subsequent offense.75

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent76
child, the court may make any of the following orders of77
disposition, in addition to any other disposition authorized or78
required by this chapter:79

       (1) Any order that is authorized by section 2151.353 of the80
Revised Code for the care and protection of an abused, neglected,81
or dependent child;82

       (2) Commit the child to the temporary custody of any school,83
camp, institution, or other facility operated for the care of84
delinquent children by the county, by a district organized under85
section 2152.41 or 2151.65 of the Revised Code, or by a private86
agency or organization, within or without the state, that is87
authorized and qualified to provide the care, treatment, or88
placement required, including, but not limited to, a school, camp,89
or facility operated under section 2151.65 of the Revised Code;90

       (3) Place the child in a detention facility or district91
detention facility operated under section 2152.41 of the Revised92
Code, for up to ninety days;93

       (4) Place the child on community control under any sanctions,94
services, and conditions that the court prescribes. As a condition 95
of community control in every case and in addition to any other96
condition that it imposes upon the child, the court shall require 97
the child to abide by the law during the period of community 98
control. As referred to in this division, community control 99
includes, but is not limited to, the following sanctions and 100
conditions:101

       (a) A period of basic probation supervision in which the102
child is required to maintain contact with a person appointed to103
supervise the child in accordance with sanctions imposed by the104
court;105

       (b) A period of intensive probation supervision in which the106
child is required to maintain frequent contact with a person107
appointed by the court to supervise the child while the child is108
seeking or maintaining employment and participating in training,109
education, and treatment programs as the order of disposition;110

       (c) A period of day reporting in which the child is required111
each day to report to and leave a center or another approved112
reporting location at specified times in order to participate in113
work, education or training, treatment, and other approved114
programs at the center or outside the center;115

       (d) A period of community service of up to five hundred hours 116
for an act that would be a felony or a misdemeanor of the first 117
degree if committed by an adult, up to two hundred hours for an 118
act that would be a misdemeanor of the second, third, or fourth119
degree if committed by an adult, or up to thirty hours for an act120
that would be a minor misdemeanor if committed by an adult;121

       (e) A requirement that the child obtain a high school122
diploma, a certificate of high school equivalence, vocational123
training, or employment;124

       (f) A period of drug and alcohol use monitoring;125

       (g) A requirement of alcohol or drug assessment or126
counseling, or a period in an alcohol or drug treatment program127
with a level of security for the child as determined necessary by128
the court;129

       (h) A period in which the court orders the child to observe a 130
curfew that may involve daytime or evening hours;131

       (i) A requirement that the child serve monitored time;132

       (j) A period of house arrest without electronic monitoring or 133
continuous alcohol monitoring;134

       (k) A period of electronic monitoring or continuous alcohol 135
monitoring without house arrest, or house arrest with electronic 136
monitoring or continuous alcohol monitoring or both electronic 137
monitoring and continuous alcohol monitoring, that does not exceed 138
the maximum sentence of imprisonment that could be imposed upon an139
adult who commits the same act.140

       A period of house arrest with electronic monitoring or 141
continuous alcohol monitoring or both electronic monitoring and 142
continuous alcohol monitoring, imposed under this division shall 143
not extend beyond the child's twenty-first birthday. If a court144
imposes a period of house arrest with electronic monitoring or 145
continuous alcohol monitoring or both electronic monitoring and 146
continuous alcohol monitoring, upon a child under this division, 147
it shall require the child: to remain in the child's home or other 148
specified premises for the entire period of house arrest with 149
electronic monitoring or continuous alcohol monitoring or both 150
except when the court permits the child to leave those premises to 151
go to school or to other specified premises. Regarding electronic 152
monitoring, the court also shall require the child to be monitored 153
by a central system that can determine the child's location at 154
designated times; to report periodically to a person designated by 155
the court; and to enter into a written contract with the court 156
agreeing to comply with all requirements imposed by the court, 157
agreeing to pay any fee imposed by the court for the costs of the 158
house arrest with electronic monitoring, and agreeing to waive the 159
right to receive credit for any time served on house arrest with 160
electronic monitoring toward the period of any other dispositional 161
order imposed upon the child if the child violates any of the 162
requirements of the dispositional order of house arrest with 163
electronic monitoring. The court also may impose other reasonable 164
requirements upon the child.165

       Unless ordered by the court, a child shall not receive credit166
for any time served on house arrest with electronic monitoring or 167
continuous alcohol monitoring or both toward any other 168
dispositional order imposed upon the child for the act for which 169
was imposed the dispositional order of house arrest with 170
electronic monitoring or continuous alcohol monitoring. As used in 171
this division and division (A)(4)(l)(k) of this section, 172
"continuous alcohol monitoring" has the same meaning as in section 173
2929.01 of the Revised Code.174

       (l) A suspension of the driver's license, probationary175
driver's license, or temporary instruction permit issued to the176
child for a period of time prescribed by the court, or a177
suspension of the registration of all motor vehicles registered in178
the name of the child for a period of time prescribed by the179
court. A child whose license or permit is so suspended is180
ineligible for issuance of a license or permit during the period181
of suspension. At the end of the period of suspension, the child182
shall not be reissued a license or permit until the child has paid183
any applicable reinstatement fee and complied with all184
requirements governing license reinstatement.185

       (5) Commit the child to the custody of the court;186

       (6) Require the child to not be absent without legitimate187
excuse from the public school the child is supposed to attend for188
five or more consecutive days, seven or more school days in one189
school month, or twelve or more school days in a school year;190

       (7)(a) If a child is adjudicated a delinquent child for being 191
a chronic truant or a habitual truant who previously has been 192
adjudicated an unruly child for being a habitual truant, do either 193
or both of the following:194

       (i) Require the child to participate in a truancy prevention195
mediation program;196

       (ii) Make any order of disposition as authorized by this197
section, except that the court shall not commit the child to a198
facility described in division (A)(2) or (3) of this section199
unless the court determines that the child violated a lawful court200
order made pursuant to division (C)(1)(e) of section 2151.354 of201
the Revised Code or division (A)(6) of this section.202

       (b) If a child is adjudicated a delinquent child for being a203
chronic truant or a habitual truant who previously has been204
adjudicated an unruly child for being a habitual truant and the205
court determines that the parent, guardian, or other person having206
care of the child has failed to cause the child's attendance at207
school in violation of section 3321.38 of the Revised Code, do208
either or both of the following:209

       (i) Require the parent, guardian, or other person having care 210
of the child to participate in a truancy prevention mediation211
program;212

       (ii) Require the parent, guardian, or other person having213
care of the child to participate in any community service program,214
preferably a community service program that requires the215
involvement of the parent, guardian, or other person having care216
of the child in the school attended by the child.217

       (8) Make any further disposition that the court finds proper,218
except that the child shall not be placed in any of the following:219

       (a) A state correctional institution, a county, multicounty,220
or municipal jail or workhouse, or another place in which an adult221
convicted of a crime, under arrest, or charged with a crime is222
held;223

       (b) A community corrections facility, if the child would be224
covered by the definition of public safety beds for purposes of225
sections 5139.41 to 5139.43 of the Revised Code if the court226
exercised its authority to commit the child to the legal custody227
of the department of youth services for institutionalization or228
institutionalization in a secure facility pursuant to this229
chapter.230

       (B) If a child is adjudicated a delinquent child, in addition 231
to any order of disposition made under division (A) of this 232
section, the court, in the following situations and for the233
specified periods of time, shall suspend the child's temporary234
instruction permit, restricted license, probationary driver's235
license, or nonresident operating privilege, or suspend the236
child's ability to obtain such a permit:237

       (1) If the child is adjudicated a delinquent child for238
violating section 2923.122 of the Revised Code, impose a class239
four suspension of the child's license, permit, or privilege from240
the range specified in division (A)(4) of section 4510.02 of the241
Revised Code or deny the child the issuance of a license or permit242
in accordance with division (F)(1) of section 2923.122 of the243
Revised Code.244

       (2) If the child is adjudicated a delinquent child for245
committing an act that if committed by an adult would be a drug246
abuse offense or for violating division (B) of section 2917.11 of247
the Revised Code, suspend the child's license, permit, or248
privilege for a period of time prescribed by the court. The court,249
in its discretion, may terminate the suspension if the child250
attends and satisfactorily completes a drug abuse or alcohol abuse251
education, intervention, or treatment program specified by the252
court. During the time the child is attending a program described 253
in this division, the court shall retain the child's temporary 254
instruction permit, probationary driver's license, or driver's255
license, and the court shall return the permit or license if it 256
terminates the suspension as described in this division.257

       (C) The court may establish a victim-offender mediation258
program in which victims and their offenders meet to discuss the259
offense and suggest possible restitution. If the court obtains the260
assent of the victim of the delinquent act committed by the child,261
the court may require the child to participate in the program.262

       (D)(1) If a child is adjudicated a delinquent child for263
committing an act that would be a felony if committed by an adult264
and if the child caused, attempted to cause, threatened to cause,265
or created a risk of physical harm to the victim of the act, the266
court, prior to issuing an order of disposition under this267
section, shall order the preparation of a victim impact statement268
by the probation department of the county in which the victim of269
the act resides, by the court's own probation department, or by a270
victim assistance program that is operated by the state, a county,271
a municipal corporation, or another governmental entity. The court272
shall consider the victim impact statement in determining the273
order of disposition to issue for the child.274

       (2) Each victim impact statement shall identify the victim of 275
the act for which the child was adjudicated a delinquent child,276
itemize any economic loss suffered by the victim as a result of277
the act, identify any physical injury suffered by the victim as a278
result of the act and the seriousness and permanence of the279
injury, identify any change in the victim's personal welfare or280
familial relationships as a result of the act and any281
psychological impact experienced by the victim or the victim's282
family as a result of the act, and contain any other information283
related to the impact of the act upon the victim that the court284
requires.285

       (3) A victim impact statement shall be kept confidential and286
is not a public record. However, the court may furnish copies of287
the statement to the department of youth services if the288
delinquent child is committed to the department or to both the289
adjudicated delinquent child or the adjudicated delinquent child's290
counsel and the prosecuting attorney. The copy of a victim impact291
statement furnished by the court to the department pursuant to292
this section shall be kept confidential and is not a public293
record. If an officer is preparing pursuant to section 2947.06 or294
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence295
investigation report pertaining to a person, the court shall make296
available to the officer, for use in preparing the report, a copy297
of any victim impact statement regarding that person. The copies298
of a victim impact statement that are made available to the299
adjudicated delinquent child or the adjudicated delinquent child's300
counsel and the prosecuting attorney pursuant to this division301
shall be returned to the court by the person to whom they were302
made available immediately following the imposition of an order of303
disposition for the child under this chapter.304

       The copy of a victim impact statement that is made available305
pursuant to this division to an officer preparing a criminal306
presentence investigation report shall be returned to the court by307
the officer immediately following its use in preparing the report.308

       (4) The department of youth services shall work with local309
probation departments and victim assistance programs to develop a310
standard victim impact statement.311

       (E) If a child is adjudicated a delinquent child for being a312
chronic truant or a habitual truant who previously has been313
adjudicated an unruly child for being a habitual truant and the314
court determines that the parent, guardian, or other person having315
care of the child has failed to cause the child's attendance at316
school in violation of section 3321.38 of the Revised Code, in317
addition to any order of disposition it makes under this section,318
the court shall warn the parent, guardian, or other person having319
care of the child that any subsequent adjudication of the child as320
an unruly or delinquent child for being a habitual or chronic321
truant may result in a criminal charge against the parent,322
guardian, or other person having care of the child for a violation323
of division (C) of section 2919.21 or section 2919.24 of the324
Revised Code.325

       (F) If a child under fifteen years of age is adjudicated a 326
delinquent child for a violation of division (B) of section 327
959.131 of the Revised Code, the court, in addition to any other 328
disposition that it makes under this section, shall require the 329
child to undergo psychological evaluation and individual or family 330
counseling for a period of not less than six months. The court may 331
order the parent, guardian, or other person having care of the 332
child to pay the costs of the evaluation, the counseling, or both.333

        (G)(1) During the period of a delinquent child's community334
control granted under this section, authorized probation officers335
who are engaged within the scope of their supervisory duties or336
responsibilities may search, with or without a warrant, the person337
of the delinquent child, the place of residence of the delinquent338
child, and a motor vehicle, another item of tangible or intangible339
personal property, or other real property in which the delinquent340
child has a right, title, or interest or for which the delinquent341
child has the express or implied permission of a person with a342
right, title, or interest to use, occupy, or possess if the343
probation officers have reasonable grounds to believe that the344
delinquent child is not abiding by the law or otherwise is not345
complying with the conditions of the delinquent child's community346
control. The court that places a delinquent child on community347
control under this section shall provide the delinquent child with348
a written notice that informs the delinquent child that authorized349
probation officers who are engaged within the scope of their350
supervisory duties or responsibilities may conduct those types of351
searches during the period of community control if they have352
reasonable grounds to believe that the delinquent child is not353
abiding by the law or otherwise is not complying with the354
conditions of the delinquent child's community control. The court355
also shall provide the written notice described in division356
(E)(G)(2) of this section to each parent, guardian, or custodian 357
of the delinquent child who is described in that division.358

       (2) The court that places a child on community control under359
this section shall provide the child's parent, guardian, or other360
custodian with a written notice that informs them that authorized361
probation officers may conduct searches pursuant to division362
(E)(G)(1) of this section. The notice shall specifically state 363
that a permissible search might extend to a motor vehicle, another 364
item of tangible or intangible personal property, or a place of365
residence or other real property in which a notified parent,366
guardian, or custodian has a right, title, or interest and that367
the parent, guardian, or custodian expressly or impliedly permits368
the child to use, occupy, or possess.369

       (G)(H) If a juvenile court commits a delinquent child to the370
custody of any person, organization, or entity pursuant to this371
section and if the delinquent act for which the child is so372
committed is a sexually oriented offense that is not a 373
registration-exempt sexually oriented offense or is a child-victim 374
oriented offense, the court in the order of disposition shall do 375
one of the following:376

       (1) Require that the child be provided treatment as described 377
in division (A)(2) of section 5139.13 of the Revised Code;378

       (2) Inform the person, organization, or entity that it is the379
preferred course of action in this state that the child be380
provided treatment as described in division (A)(2) of section381
5139.13 of the Revised Code and encourage the person,382
organization, or entity to provide that treatment.383

       Section 2. That existing sections 959.99 and 2152.19 of the 384
Revised Code are hereby repealed.385