As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 108

Representatives Domenick, Blessing 

Cosponsors: Representatives Harris, Newcomb, Luckie, Chandler, Yuko, Bacon, Bolon, Brown, DeBose, Dodd, Dyer, Foley, Garland, Gerberry, Grossman, Hackett, Hagan, Heard, Letson, Mallory, Pillich, Stewart, Williams, B., Winburn, Yates 

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A BILL

To amend sections 959.161 and 959.99 and to enact

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section 959.151 of the Revised Code to revise the

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law governing cockfighting.

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

Section 1. That sections 959.161 and 959.99 be amended and	4
section 959.151 of the Revised Code be enacted to read as	5
follows:	6

Sec. 959.151. A peace officer, as defined in section 959.161	7
of the Revised Code, shall confiscate any equipment or devices	8
used in training roosters for the purpose of cockfighting or as	9
part of cockfighting.	10

Sec. 959.161. (A) As used in this section:

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(1) "Fighting doganimal" means aeither of the following:

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(a) A rooster that a peace officer has probable cause to	13
believe has been, is, or is intended to be used in cockfighting in	14
violation of section 959.15 of the Revised Code;	15

(b) A dog that a peace officer has probable cause to	16
believe has been, is, or is intended to be used in dogfighting in	17
violation of section 959.16 of the Revised Code.	18

(2) "Impounding entity" means the entity that has possession	19
of an impounded fighting doganimal during its impoundment.	20

(3) "Peace officer" has the same meaning as in section	21
2935.01 of the Revised Code.	22

(4) "Violation" means a violation of section 959.15 of the	23
Revised Code involving cockfighting, a violation of section 959.16	24
of the Revised Code, or an attempt, in violation of section	25
2923.02 of the Revised Code, to violate section 959.16either of	26
the Revised Codethose provisions.	27

(B) A peace officer may seize and cause to be impounded with	28
an impounding entity a fighting doganimal that the peace officer	29
has probable cause to believe is involved in a violation.	30

(C) A fighting doganimal that is seized under this section	31
may be humanely destroyed under either of the following	32
circumstances:	33

(1) During its seizure if it is necessary because the	34
fighting doganimal is suffering;	35

(2) At any time during its impoundment if a licensed	36
veterinarian determines it to be necessary because the fighting	37
doganimal is suffering.	38

(D) Procedures, requirements, and other provisions that are	39
established in divisions (C), (E), (F), and (G) of section	40
959.132 of the Revised Code shall apply to the seizure,	41
impoundment, and disposition of a fighting doganimal. For	42
purposes of that application, references in those divisions of	43
section 959.132 of the Revised Code to "companion animal,"	44
"impounding agency," "officer," and "offense" shall be deemed to	45
be replaced, respectively, with references to "fighting dog	46
animal," "impounding entity," "peace officer," and "violation" as	47
defined in this section. Likewise, references in those divisions	48
of section 959.132 of the Revised Code to "section 959.131 of the	49
Revised Code" shall be deemed to be replaced with references to	50
the cockfighting provisions of section 959.15 of the Revised Code	51
or to section 959.16 of the Revised Code, as applicable.	52

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	53
of the Revised Code is guilty of a minor misdemeanor.	54

(B) Except as otherwise provided in this division, whoever	55
violates section 959.02 of the Revised Code is guilty of a	56
misdemeanor of the second degree. If the value of the animal	57
killed or the injury done amounts to three hundred dollars or	58
more, whoever violates section 959.02 of the Revised Code is	59
guilty of a misdemeanor of the first degree.	60

(C) WhoeverExcept as provided in division (I) of this	61
section, whoever violates section 959.03, 959.06, 959.12, 959.15,	62
or 959.17 of the Revised Code is guilty of a misdemeanor of the	63
fourth degree.	64

(D) Whoever violates division (A) of section 959.13 of the	65
Revised Code is guilty of a misdemeanor of the second degree. In	66
addition, the court may order the offender to forfeit the animal	67
or livestock and may provide for its disposition, including, but	68
not limited to, the sale of the animal or livestock. If an animal	69
or livestock is forfeited and sold pursuant to this division, the	70
proceeds from the sale first shall be applied to pay the expenses	71
incurred with regard to the care of the animal from the time it	72
was taken from the custody of the former owner. The balance of the	73
proceeds from the sale, if any, shall be paid to the former owner	74
of the animal.	75

(E)(1) Whoever violates division (B) of section 959.131 of	76
the Revised Code is guilty of a misdemeanor of the first degree on	77
a first offense and a felony of the fifth degree on each	78
subsequent offense.	79

(2) Whoever violates section 959.01 of the Revised Code or	80
division (C) of section 959.131 of the Revised Code is guilty of a	81
misdemeanor of the second degree on a first offense and a	82
misdemeanor of the first degree on each subsequent offense.	83

(3)(a) A court may order a person who is convicted of or	84
pleads guilty to a violation of section 959.131 of the Revised	85
Code to forfeit to an impounding agency, as defined in section	86
959.132 of the Revised Code, any or all of the companion animals	87
in that person's ownership or care. The court also may prohibit or	88
place limitations on the person's ability to own or care for any	89
companion animals for a specified or indefinite period of time.	90

(b) A court may order a person who is convicted of or pleads	91
guilty to a violation of section 959.131 of the Revised Code to	92
reimburse an impounding agency for the reasonably necessary costs	93
incurred by the agency for the care of a companion animal that the	94
agency impounded as a result of the investigation or prosecution	95
of the violation, provided that the costs were not otherwise paid	96
under section 959.132 of the Revised Code.	97

(4) If a court has reason to believe that a person who is	98
convicted of or pleads guilty to a violation of section 959.131 of	99
the Revised Code suffers from a mental or emotional disorder that	100
contributed to the violation, the court may impose as a community	101
control sanction or as a condition of probation a requirement that	102
the offender undergo psychological evaluation or counseling. The	103
court shall order the offender to pay the costs of the evaluation	104
or counseling.	105

(F) Whoever violates section 959.14 of the Revised Code is	106
guilty of a misdemeanor of the second degree on a first offense	107
and a misdemeanor of the first degree on each subsequent offense.	108

(G) Whoever violates section 959.05 or 959.20 of the Revised	109
Code is guilty of a misdemeanor of the first degree.	110

(H) Whoever violates section 959.16 of the Revised Code is	111
guilty of a felony of the fourth degree for a first offense and a	112
felony of the third degree on each subsequent offense.	113

(I) Whoever violates section 959.15 of the Revised Code as	114
it relates to cockfighting is guilty of a felony of the fifth	115
degree for a first offense and a felony of the third degree on	116
each subsequent offense. If any equipment, devices, or other	117
items involved in such an offense are confiscated, forfeited,	118
and sold or if any cash is confiscated and forfeited, the	119
proceeds from the sale and the cash that is confiscated and	120
forfeited, if any, shall be used to pay the costs incurred by the	121
impounding animal shelter in caring for or euthanizing a rooster	122
involved in the offense. The court shall order any proceeds and	123
any cash that remain after those costs are paid to be transferred	124
to a local 4-H youth development program to be used for	125
educational purposes.	126

Section 2. That existing sections 959.161 and 959.99 of the	127
Revised Code are hereby repealed.	128