Bill Text: OH HB260 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To revise the law governing cockfighting.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Introduced - Dead) 2011-06-14 - To Criminal Justice [HB260 Detail]

Download: Ohio-2011-HB260-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 260

Representative Derickson 

Cosponsors: Representatives Murray, Blessing, Grossman, Phillips, Combs, Maag, Blair, Garland, Conditt, Letson, Yuko, Brenner 

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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 follows:	5

Sec. 959.151. A peace officer, as defined in section 959.161	6
of the Revised Code, shall confiscate any equipment or devices	7
used in training roosters for the purpose of cockfighting or as	8
part of cockfighting.	9

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	12
believe has been, is, or is intended to be used in cockfighting in	13
violation of section 959.15 of the Revised Code;	14

(b) A dog that a peace officer has probable cause to believe	15
has been, is, or is intended to be used in dogfighting in	16
violation of section 959.16 of the Revised Code.	17

(2) "Impounding entity" means the entity that has possession	18
of an impounded fighting doganimal during its impoundment.	19

(3) "Peace officer" has the same meaning as in section	20
2935.01 of the Revised Code.	21

(4) "Violation" means a violation of section 959.15 of the	22
Revised Code involving cockfighting, a violation of section 959.16	23
of the Revised Code, or an attempt, in violation of section	24
2923.02 of the Revised Code, to violate section 959.16either of	25
the Revised Codethose provisions.	26

(B) A peace officer may seize and cause to be impounded with	27
an impounding entity a fighting doganimal that the peace officer	28
has probable cause to believe is involved in a violation.	29

(C) A fighting doganimal that is seized under this section	30
may be humanely destroyed under either of the following	31
circumstances:	32

(1) During its seizure if it is necessary because the	33
fighting doganimal is suffering;	34

(2) At any time during its impoundment if a licensed	35
veterinarian determines it to be necessary because the fighting	36
doganimal is suffering.	37

(D) Procedures, requirements, and other provisions that are	38
established in divisions (C), (E), (F), and (G) of section 959.132	39
of the Revised Code shall apply to the seizure, impoundment, and	40
disposition of a fighting doganimal. For purposes of that	41
application, references in those divisions of section 959.132 of	42
the Revised Code to "companion animal," "impounding agency,"	43
"officer," and "offense" shall be deemed to be replaced,	44
respectively, with references to "fighting doganimal,"	45
"impounding entity," "peace officer," and "violation" as defined	46
in this section. Likewise, references in those divisions of	47
section 959.132 of the Revised Code to "section 959.131 of the	48
Revised Code" shall be deemed to be replaced with references to	49
the cockfighting provisions of section 959.15 of the Revised Code	50
or to section 959.16 of the Revised Code, as applicable.	51

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	52
of the Revised Code is guilty of a minor misdemeanor.	53

(B) Except as otherwise provided in this division, whoever	54
violates section 959.02 of the Revised Code is guilty of a	55
misdemeanor of the second degree. If the value of the animal	56
killed or the injury done amounts to three hundred dollars or	57
more, whoever violates section 959.02 of the Revised Code is	58
guilty of a misdemeanor of the first degree.	59

(C) WhoeverExcept as provided in division (I) of this	60
section, whoever violates section 959.03, 959.06, 959.12, 959.15,	61
or 959.17 of the Revised Code is guilty of a misdemeanor of the	62
fourth degree.	63

(D) Whoever violates division (A) of section 959.13 of the	64
Revised Code is guilty of a misdemeanor of the second degree. In	65
addition, the court may order the offender to forfeit the animal	66
or livestock and may provide for its disposition, including, but	67
not limited to, the sale of the animal or livestock. If an animal	68
or livestock is forfeited and sold pursuant to this division, the	69
proceeds from the sale first shall be applied to pay the expenses	70
incurred with regard to the care of the animal from the time it	71
was taken from the custody of the former owner. The balance of the	72
proceeds from the sale, if any, shall be paid to the former owner	73
of the animal.	74

(E)(1) Whoever violates division (B) of section 959.131 of	75
the Revised Code is guilty of a misdemeanor of the first degree on	76
a first offense and a felony of the fifth degree on each	77
subsequent offense.	78

(2) Whoever violates section 959.01 of the Revised Code or	79
division (C) of section 959.131 of the Revised Code is guilty of a	80
misdemeanor of the second degree on a first offense and a	81
misdemeanor of the first degree on each subsequent offense.	82

(3)(a) A court may order a person who is convicted of or	83
pleads guilty to a violation of section 959.131 of the Revised	84
Code to forfeit to an impounding agency, as defined in section	85
959.132 of the Revised Code, any or all of the companion animals	86
in that person's ownership or care. The court also may prohibit or	87
place limitations on the person's ability to own or care for any	88
companion animals for a specified or indefinite period of time.	89

(b) A court may order a person who is convicted of or pleads	90
guilty to a violation of section 959.131 of the Revised Code to	91
reimburse an impounding agency for the reasonably necessary costs	92
incurred by the agency for the care of a companion animal that the	93
agency impounded as a result of the investigation or prosecution	94
of the violation, provided that the costs were not otherwise paid	95
under section 959.132 of the Revised Code.	96

(4) If a court has reason to believe that a person who is	97
convicted of or pleads guilty to a violation of section 959.131 of	98
the Revised Code suffers from a mental or emotional disorder that	99
contributed to the violation, the court may impose as a community	100
control sanction or as a condition of probation a requirement that	101
the offender undergo psychological evaluation or counseling. The	102
court shall order the offender to pay the costs of the evaluation	103
or counseling.	104

(F) Whoever violates section 959.14 of the Revised Code is	105
guilty of a misdemeanor of the second degree on a first offense	106
and a misdemeanor of the first degree on each subsequent offense.	107

(G) Whoever violates section 959.05 or 959.20 of the Revised	108
Code is guilty of a misdemeanor of the first degree.	109

(H) Whoever violates section 959.16 of the Revised Code is	110
guilty of a felony of the fourth degree for a first offense and a	111
felony of the third degree on each subsequent offense.	112

(I) Whoever violates section 959.15 of the Revised Code as it	113
relates to cockfighting is guilty of a felony of the fifth degree	114
for a first offense and a felony of the third degree on each	115
subsequent offense. If any equipment, devices, or other items	116
involved in such an offense are confiscated, forfeited, and sold	117
or if any cash is confiscated and forfeited, the proceeds from the	118
sale and the cash that is confiscated and forfeited, if any, shall	119
be used to pay the costs incurred by the impounding animal shelter	120
in caring for or euthanizing a rooster involved in the offense.	121
The court shall order any proceeds and any cash that remain after	122
those costs are paid to be transferred to a local 4-H youth	123
development program to be used for educational purposes.	124

Section 2. That existing sections 959.161 and 959.99 of the	125
Revised Code are hereby repealed.	126