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
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Murray, Blessing, Grossman, Phillips, Combs, Maag, Blair, Garland, Conditt, Letson, Yuko, Brenner
A BILL
| To amend sections 959.161 and 959.99 and to enact | 1 |
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section 959.151 of the Revised Code to revise the | 2 |
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law governing cockfighting. | 3 |
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: | 10 |
(1) "Fighting doganimal" means aeither of the following: | 11 |
(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 |