Bill Text: OH HB569 | 2013-2014 | 130th General Assembly | Introduced

---

Bill Title: To prohibit and establish an increased penalty for knowingly engaging in activities associated with cockfighting, bearbaiting, or pitting an animal against another.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2014-05-27 - To Agriculture and Natural Resources [HB569 Detail]

Download: Ohio-2013-HB569-Introduced.html

---

As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 569

Representatives Sears, Wachtmann 

Cosponsors: Representatives Beck, Blessing, Derickson, DeVitis, Hall, Mallory 

---

A BILL

To amend sections 959.15 and 959.99 of the Revised

1

Code to prohibit and establish an increased

2

penalty for knowingly engaging in activities

3

associated with cockfighting, bearbaiting, or

4

pitting an animal against another.

5

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

Section 1. That sections 959.15 and 959.99 of the Revised	6
Code be amended to read as follows:	7

Sec. 959.15. (A) No person shall knowingly engagedo either	8
of the following:	9

(1) Engage in or be employed at cockfighting, bearbaiting, or	10
pitting an animal against another; no person shall receive money	11
for the admission of another to a place kept for such purpose; no	12
person shall use,	13

(2) Use, train, or possess any animal for seizing, detaining,	14
or maltreating a domestic animal. Any person who knowingly	15
purchases a ticket of admission to such place, or is present	16
thereat, or witnesses such spectacle, is an aider and abettor.	17

(B) When committing a violation of division (A) of this	18
section, no person shall knowingly do either of the following:	19

(1) Be employed at cockfighting, bearbaiting, or pitting an	20
animal against another;	21

(2) Do any of the following regarding an event involving	22
cockfighting, bearbaiting, or pitting an animal against another:	23

(a) Wager money or anything else of value on the results of	24
the event;	25

(b) Pay money or give anything else of value in exchange for	26
admission to or being present at the event;	27

(c) Receive money or anything else of value in exchange for	28
the admission of another person to the event or for another person	29
to be present at the event;	30

(d) Permit or cause a minor to be present at the event if any	31
person present at or involved with the event is conducting any of	32
the activities described in division (B) of this section;	33

(e) Use, possess, or permit or cause to be present any device	34
or substance intended to enhance an animal's ability to fight or	35
to inflict injury on another animal.	36

(C) A person who knowingly witnesses cockfighting,	37
bearbaiting, or an event in which one animal is pitted against	38
another in violation of division (B) of this section, is an aider	39
and abettor and has committed a violation of this division.	40

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	41
of the Revised Code is guilty of a minor misdemeanor.	42

(B) Except as otherwise provided in this division, whoever	43
violates section 959.02 of the Revised Code is guilty of a	44
misdemeanor of the second degree. If the value of the animal	45
killed or the injury done amounts to three hundred dollars or	46
more, whoever violates section 959.02 of the Revised Code is	47
guilty of a misdemeanor of the first degree.	48

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	49
or 959.17 or division (A) of section 959.15 of the Revised Code is	50
guilty of a misdemeanor of the fourth degree.	51

(D) Whoever violates division (A) of section 959.13 of the	52
Revised Code is guilty of a misdemeanor of the second degree. In	53
addition, the court may order the offender to forfeit the animal	54
or livestock and may provide for its disposition, including, but	55
not limited to, the sale of the animal or livestock. If an animal	56
or livestock is forfeited and sold pursuant to this division, the	57
proceeds from the sale first shall be applied to pay the expenses	58
incurred with regard to the care of the animal from the time it	59
was taken from the custody of the former owner. The balance of the	60
proceeds from the sale, if any, shall be paid to the former owner	61
of the animal.	62

(E)(1) Whoever violates division (B) of section 959.131 of	63
the Revised Code is guilty of a misdemeanor of the first degree on	64
a first offense and a felony of the fifth degree on each	65
subsequent offense.	66

(2) Whoever violates section 959.01 of the Revised Code or	67
division (C) of section 959.131 of the Revised Code is guilty of a	68
misdemeanor of the second degree on a first offense and a	69
misdemeanor of the first degree on each subsequent offense.	70

(3) Whoever violates division (D) of section 959.131 of the	71
Revised Code is guilty of a felony of the fifth degree.	72

(4) Whoever violates division (E) of section 959.131 of the	73
Revised Code is guilty of a misdemeanor of the first degree.	74

(5)(a) A court may order a person who is convicted of or	75
pleads guilty to a violation of section 959.131 of the Revised	76
Code to forfeit to an impounding agency, as defined in section	77
959.132 of the Revised Code, any or all of the companion animals	78
in that person's ownership or care. The court also may prohibit or	79
place limitations on the person's ability to own or care for any	80
companion animals for a specified or indefinite period of time.	81

(b) A court may order a person who is convicted of or pleads	82
guilty to a violation of section 959.131 of the Revised Code to	83
reimburse an impounding agency for the reasonably necessary costs	84
incurred by the agency for the care of a companion animal that the	85
agency impounded as a result of the investigation or prosecution	86
of the violation, provided that the costs were not otherwise paid	87
under section 959.132 of the Revised Code.	88

(6) If a court has reason to believe that a person who is	89
convicted of or pleads guilty to a violation of section 959.131 of	90
the Revised Code suffers from a mental or emotional disorder that	91
contributed to the violation, the court may impose as a community	92
control sanction or as a condition of probation a requirement that	93
the offender undergo psychological evaluation or counseling. The	94
court shall order the offender to pay the costs of the evaluation	95
or counseling.	96

(F) Whoever violates section 959.14 of the Revised Code is	97
guilty of a misdemeanor of the second degree on a first offense	98
and a misdemeanor of the first degree on each subsequent offense.	99

(G) Whoever violates section 959.05 or 959.20 of the Revised	100
Code is guilty of a misdemeanor of the first degree.	101

(H) Whoever violates section 959.16 of the Revised Code is	102
guilty of a felony of the fourth degree for a first offense and a	103
felony of the third degree on each subsequent offense.	104

(I) Whoever violates division (B) or (C) of section 959.15 of	105
the Revised Code is guilty of a felony and shall be fined not more	106
than ten thousand dollars.	107

Section 2.  That existing sections 959.15 and 959.99 of the	108
Revised Code are hereby repealed.	109