130th Ohio General Assembly
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Am. Sub. H. B. No. 108  As Passed by the House
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 



A BILL
To amend sections 959.161 and 959.99 and to enact section 959.151 of the Revised Code to revise the law governing cockfighting.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 959.161 and 959.99 be amended and section 959.151 of the Revised Code be enacted to read as follows:
Sec. 959.151. A peace officer, as defined in section 959.161 of the Revised Code, shall confiscate any equipment or devices used in training roosters for the purpose of cockfighting or as part of cockfighting.
Sec. 959.161. (A) As used in this section:
(1) "Fighting dog animal" means a either of the following:
(a) A rooster that a peace officer has probable cause to believe has been, is, or is intended to be used in cockfighting in violation of section 959.15 of the Revised Code;
(b) A dog that a peace officer has probable cause to believe has been, is, or is intended to be used in dogfighting in violation of section 959.16 of the Revised Code.
(2) "Impounding entity" means the entity that has possession of an impounded fighting dog animal during its impoundment.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Violation" means a violation of section 959.15 of the Revised Code involving cockfighting, a violation of section 959.16 of the Revised Code, or an attempt, in violation of section 2923.02 of the Revised Code, to violate section 959.16 either of the Revised Code those provisions.
(B) A peace officer may seize and cause to be impounded with an impounding entity a fighting dog animal that the peace officer has probable cause to believe is involved in a violation.
(C) A fighting dog animal that is seized under this section may be humanely destroyed under either of the following circumstances:
(1) During its seizure if it is necessary because the fighting dog animal is suffering;
(2) At any time during its impoundment if a licensed veterinarian determines it to be necessary because the fighting dog animal is suffering.
(D) Procedures, requirements, and other provisions that are established in divisions (C), (E), (F), and (G) of section 959.132 of the Revised Code shall apply to the seizure, impoundment, and disposition of a fighting dog animal. For purposes of that application, references in those divisions of section 959.132 of the Revised Code to "companion animal," "impounding agency," "officer," and "offense" shall be deemed to be replaced, respectively, with references to "fighting dog animal," "impounding entity," "peace officer," and "violation" as defined in this section. Likewise, references in those divisions of section 959.132 of the Revised Code to "section 959.131 of the Revised Code" shall be deemed to be replaced with references to the cockfighting provisions of section 959.15 of the Revised Code or to section 959.16 of the Revised Code, as applicable.
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 Except as provided in division (I) of this section, 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)(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.
(4) 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 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.
(I) Whoever violates section 959.15 of the Revised Code as it relates to cockfighting is guilty of a felony of the fifth degree for a first offense and a felony of the third degree on each subsequent offense. If any equipment, devices, or other items involved in such an offense are confiscated, forfeited, and sold or if any cash is confiscated and forfeited, the proceeds from the sale and the cash that is confiscated and forfeited, if any, shall be used to pay the costs incurred by the impounding animal shelter in caring for or euthanizing a rooster involved in the offense. The court shall order any proceeds and any cash that remain after those costs are paid to be transferred to a local 4-H youth development program to be used for educational purposes.
Section 2. That existing sections 959.161 and 959.99 of the Revised Code are hereby repealed.
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