As Introduced. Regular Session S. B. No Senators Hughes, Hottinger Cosponsors: Senators Yuko, LaRose, Williams A B I L L

Similar documents
As Reported by the House Finance Committee. 131st General Assembly Regular Session Sub. S. B. No

As Passed by the House. Regular Session Sub. S. B. No

As Introduced. Regular Session H. B. No

As Introduced. 132nd General Assembly Regular Session H. B. No

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

ASSEMBLY BILL No. 1951

Alaska Animal Cruelty Laws

MISSISSIPPI LEGISLATURE REGULAR SESSION 2010 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 3085

ANIMAL PROTECTION LAWS OF ALASKA

Wyoming Animal Cruelty Laws Sofia Gall 1

As Passed by the House. Regular Session Sub. H. B. No

CALIFORNIA PENAL CODE, REFERENCE SECTIONS FOR AB 2052, Williams, as amended March 17, 2016

As Introduced. Regular Session H. B. No

Animal Protection Laws of Colorado

As Passed by the Senate. 129th General Assembly Regular Session Sub. S. B. No A B I L L

ANIMAL PROTECTION LAWS OF COLORADO

ANIMAL CRUELTY STATE LAW SUMMARY CHART: Court-Ordered Programs for Animal Cruelty Offenses

ORDINANCE NO. O17-25

ANIMAL PROTECTION LAWS OF THE VIRGIN ISLANDS

Title 76 Chapter 9 Part 3 Cruelty to Animals

States Animal Cruelty Statutes

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 3283 CHAPTER... AN ACT

ANIMAL PROTECTION LAWS OF MICHIGAN

ANIMAL PROTECTION LAWS OF PUERTO RICO

ANIMAL PROTECTION LAWS OF GEORGIA

As Introduced. 132nd General Assembly Regular Session S. B. No Senator Eklund A B I L L

HEALTH AND SAFETY CODE TITLE 10. HEALTH AND SAFETY OF ANIMALS CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS

A Bill Regular Session, 2017 SENATE BILL 280

ANIMAL PROTECTION LAWS OF OHIO

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

As Reported by the House Criminal Justice Committee. 132nd General Assembly Regular Session Am. H. B. No

Supplement No.1 published with Extraordinary Gazette No. 62 dated 15 th August, 2018.

Sex Crimes: Definitions and Penalties Montana

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MARCH 8, 2018

A LOCAL LAW AMENDING THE PUTNAM COUNTY CODE BY ADDING A NEW CHAPTER 115 ENTITLED ANIMAL PROTECTION

2015 ANALYSIS AND RECOMMENDATIONS NORTH DAKOTA

NC General Statutes - Chapter 14 Article 7B 1

ANIMAL PROTECTION LAWS OF FLORIDA

ANIMAL PROTECTION LAWS OF LOUISIANA

As Reported by the House Criminal Justice Committee. 132nd General Assembly Regular Session Sub. S. B. No

As Passed by the Senate. Regular Session S. B. No

STATE OF RHODE ISLAND

SENATE BILL No. 676 AMENDED IN SENATE MAY 5, 2015 AMENDED IN SENATE APRIL 20, Introduced by Senator Cannella.

As Passed by the House. Regular Session H. B. No

(129th General Assembly) (Amended Substitute Senate Bill Number 70) AN ACT

HEALTH AND SAFETY CODE CHAPTER 821. TREATMENT AND DISPOSITION... Page 1 of 13

As Passed by the Senate. Regular Session Sub. S. B. No

CHAPTER House Bill No. 1911

As Reported by the House Criminal Justice Committee. 132nd General Assembly Regular Session H. B. No

ANIMAL PROTECTION LAWS OF NORTH CAROLINA

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND

States Animal Cruelty Statutes

As Introduced. Regular Session H. B. No

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE

THIRD READING. SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ENDANGERING THE WELFARE OF A CHILD (PORNOGRAPHY) (Applies to crimes committed after August 14, 2013) N.J.S.A. 2C:24-4b(5)(b)

EDITOR. STEPHAN K. OTTO, ESQ. Director of Legislative Affairs. IAN CARR, J.D. CANDIDATE Legislative Affairs Associate PREFACE

Trafficking People and Involuntary Servitude

TEXAS PENAL CODE TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ) ) ) ) ) )

ANALYSIS AND RECOMMENDATIONS NORTH DAKOTA

NC General Statutes - Chapter 15A Article 46 1

As Passed by the House. Regular Session Sub. S. B. No

CIRCUIT COURT OF ILLINOIS Fifth Judicial Circuit Vermilion County, Illinois

(122nd General Assembly) (Substitute House Bill Number 37) AN ACT

CHAPTER Committee Substitute for House Bill No. 7035

SENATE BILL No February 14, 2017

HOUSE BILL No As Amended by House Committee

I. Criminal Sexual Assault Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

2014 ANALYSIS AND RECOMMENDATIONS WISCONSIN

H 7414 S T A T E O F R H O D E I S L A N D

Sex Crimes: Definitions and Penalties Florida

ANIMAL PROTECTION LAWS OF NEW BRUNSWICK

OREGON ANIMAL CRUELTY LAWS

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

ANALYSIS AND RECOMMENDATIONS WISCONSIN

WHEREAS, the Board of Mason County Commissioners adopted an ordinance relating to dangerous dogs on September 15, 1987;

Criminal Code CRIMINAL CODE (AMENDMENT) (NO. 2) BILL, 2013 ARRANGEMENT OF CLAUSES

Sex Crimes: Definitions and Penalties Georgia

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.

Home Model Legislation Public Safety and Elections. Comprehensive Asset Forfeiture Act

CHAPTER FIFTEEN: CRIMES AGAINST PUBLIC ORDER AND MORALITY

Appendix 2 Law on sexual offences Introduction Sexual assault Age of consent

Prevention of Cruelty to Animals Amendment Act 1997 No 83

Determining the Defendant s Registration Obligations Under the Revised Sex Offender Laws October 2007

IDAHO VICTIMS RIGHTS LAWS¹

As Introduced. 132nd General Assembly Regular Session S. B. No

MEMORANDUM. TO: Senate Judiciary Committee FROM: Kansas Judicial Council DATE: January 30, 2008 RE: 2008 Senate Bill No.

Am. Sub. H.B. 49 As Passed by the Senate AGOCD15

Department of Legislative Services Maryland General Assembly 2009 Session FISCAL AND POLICY NOTE

States Animal Cruelty Statutes

As Introduced. 132nd General Assembly Regular Session S. B. No

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

LIVESTOCK SHOW REFORM LAW

University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Georgia

As Introduced. 132nd General Assembly Regular Session S. B. No

People v. C.H. Recovered

ENROLLED ACT NO. 79, HOUSE OF REPRESENTATIVES SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING 2017 GENERAL SESSION

Transcription:

131st General Assembly Regular Session S. B. No. 195 2015-2016 Senators Hughes, Hottinger Cosponsors: Senators Yuko, LaRose, Williams A B I L L To amend section 959.99 and to enact section 959.21 of the Revised Code to prohibit a person from engaging in sexual conduct with an animal and related acts, to provide for the seizure and impoundment of an animal that is the subject of a violation, and to authorize a sentencing court to require an offender to undergo psychological evaluation or counseling. 1 2 3 4 5 6 7 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That section 959.99 be amended and section 959.21 of the Revised Code be enacted to read as follows: Sec. 959.21. (A) As used in this section: (1) "Animal" means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive. (2) "Offense" means a violation of this section or an attempt, in violation of section 2923.02 of the Revised Code, to violate this section. (3) "Officer" has the same meaning as in section 959.132 9 10 11 12 13 14 15 16 17

S. B. No. 195 Page 2 of the Revised Code. (4) "Sexual conduct" means either of the following committed for the purpose of sexual gratification: (a) Any act done between a person and animal that involves contact of the penis of one and the vulva of the other, the penis of one and the penis of the other, the penis of one and the anus of the other, the mouth of one and the penis of the other, the mouth of one and the anus of the other, the vulva of one and the vulva of the other, the mouth of one and the vulva of the other, any other contact between a reproductive organ of one and a reproductive organ of the other, or any other insertion of a reproductive organ of one into an orifice of the other; (b) Without a bona fide veterinary or animal husbandry purpose to do so, the insertion, however slight, of any part of a person's body or any instrument, apparatus, or other object into the vaginal, anal, or reproductive opening of an animal. (B) No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct. (C) No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal. (D) An officer may seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense. With respect to an animal so seized and impounded, all procedures and requirements that are established in section 959.132 of the Revised Code, and all other provisions of that section, apply to the seizure, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

S. B. No. 195 Page 3 impoundment, and disposition of the animal, except that, for purposes of the application under this section of those procedures, requirements, and other provisions, both of the following apply: (1) References in section 959.132 of the Revised Code to "companion animal" and "offense" shall be construed, respectively, as being references to "animal" and "offense" as defined in this section. (2) References in section 959.132 of the Revised Code to "section 959.131 of the Revised Code" shall be construed as being references to "section 959.21 of the Revised Code." 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 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 or section 959.21 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75

S. B. No. 195 Page 4 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) Whoever violates division (D) of section 959.131 of the Revised Code is guilty of a felony of the fifth degree. (4) Whoever violates division (E) of section 959.131 of the Revised Code is guilty of a misdemeanor of the first degree. (5)(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 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104

S. B. No. 195 Page 5 investigation or prosecution of the violation, provided that the costs were not otherwise paid under section 959.132 of the Revised Code. (6) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131 or 959.21 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. Section 2. That existing section 959.99 of the Revised Code is hereby repealed. 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126