Bill Text: OH HB108 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To specifically prohibit an owner, manager, or employee of a kennel of dogs from committing cruel treatment of a companion animal, to give a prosecutor who prosecutes an owner, manager, or employee of a kennel of dogs who commits cruel treatment of a companion animal discretion in prosecuting the owner, manager, or employee for the offense, to remove certain language regarding the negligent treatment of companion animals, and to revise the definition of "cruelty," "torment," and "torture" in the Humane Societies Law.

Spectrum: Moderate Partisan Bill (Democrat 25-6)

Status: (Engrossed - Dead) 2012-05-22 - Committee Report - S [HB108 Detail]

Download: Ohio-2011-HB108-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 108

Representatives Gerberry, Hagan, R. 

Cosponsors: Representatives Weddington, Winburn, Garland, Antonio, Blessing, Carney, Celebrezze, Cera, Duffey, Fedor, Foley, Goyal, Hagan, C., Henne, Letson, Luckie, Lundy, Mallory, Milkovich, Murray, O'Brien, Okey, Phillips, Ramos, Szollosi, Yuko 

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A BILL

To amend sections 959.131, 959.132, and 959.99 of the

1

Revised Code to specifically prohibit an owner,

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manager, or employee of a kennel of dogs from

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committing cruel treatment of a companion animal,

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to give a prosecutor who prosecutes an owner,

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manager, or employee of a kennel of dogs who

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commits cruel treatment of a companion animal

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discretion in prosecuting the owner, manager, or

8

employee for the offense, and to remove certain

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language regarding the negligent treatment of

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companion animals.

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

Section 1. That sections 959.131, 959.132, and 959.99 of the	12
Revised Code be amended to read as follows:	13

Sec. 959.131. (A) As used in this section:

14

(1) "Companion animal" means any animal that is kept inside a	15
residential dwelling and any dog or cat regardless of where it is	16
kept. "Companion animal" does not include livestock or any wild	17
animal.	18

(2) "Cruelty," "torment," and "torture" have the same	19
meanings as in section 1717.01 of the Revised Code.	20

(3) "Residential dwelling" means a structure or shelter or	21
the portion of a structure or shelter that is used by one or more	22
humans for the purpose of a habitation.	23

(4) "Practice of veterinary medicine" has the same meaning as	24
in section 4741.01 of the Revised Code.	25

(5) "Wild animal" has the same meaning as in section 1531.01	26
of the Revised Code.	27

(6) "Federal animal welfare act" means the "Laboratory Animal	28
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	29
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	30
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	31
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	32
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	33
(1985), and as it may be subsequently amended.	34

(7) "Prosecutor" has the same meaning as in section 2935.01	35
of the Revised Code.	36

(B) No person shall knowingly torture, torment, needlessly	37
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	38
an act of cruelty against a companion animal.	39

(C) No person who confines or who is the custodian or	40
caretaker of a companion animal shall negligently do any of the	41
following:	42

(1) Torture, torment, needlessly mutilate or maim, cruelly	43
beat, poison, needlessly kill, or commit an act of cruelty against	44
the companion animal;	45

(2) Deprivedeprive the companion animal of necessary	46
sustenance, confine the companion animal without supplying it	47
during the confinement with sufficient quantities of good,	48
wholesome food and water, or impound or confine the companion	49
animal without affording it, during the impoundment or	50
confinement, with access to shelter from heat, cold, wind, rain,	51
snow, or excessive direct sunlight, if it can reasonably be	52
expected that the companion animal would become sick or suffer in	53
any other way as a result of or due to the deprivation,	54
confinement, or impoundment or confinement in any of those	55
specified manners.	56

(D) No owner, manager, or employee of a kennel of dogs that	57
is registered under section 955.04 of the Revised Code who	58
confines or is the custodian or caretaker of a companion animal	59
shall knowingly do any of the following:	60

(1) Torture, torment, needlessly mutilate or maim, cruelly	61
beat, poison, needlessly kill, or commit an act of cruelty against	62
the companion animal;	63

(2) Deprive the companion animal of necessary sustenance,	64
confine the companion animal without supplying it during the	65
confinement with sufficient quantities of good, wholesome food and	66
water, or impound or confine the companion animal without	67
affording it, during the impoundment or confinement, with access	68
to shelter from heat, cold, wind, rain, snow, or excessive direct	69
sunlight, if it can reasonably be expected that the companion	70
animal would become sick or suffer in any other way as a result of	71
or due to the deprivation, confinement, or impoundment or	72
confinement in any of those specified manners.	73

(E) No owner, manager, or employee of a kennel of dogs that	74
is registered under section 955.04 of the Revised Code who	75
confines or is the custodian or caretaker of a companion animal	76
shall negligently do any of the following:	77

(1) Harm, injure, harass, or cause the death of the companion	78
animal;	79

(2) Deprive the companion animal of necessary sustenance,	80
confine the companion animal without supplying it during the	81
confinement with sufficient quantities of good, wholesome food and	82
water, or impound or confine the companion animal without	83
affording it, during the impoundment or confinement, with access	84
to shelter from heat, cold, wind, rain, snow, or excessive direct	85
sunlight, if it can reasonably be expected that the companion	86
animal would become sick or suffer in any other way as a result of	87
or due to the deprivation, confinement, or impoundment or	88
confinement in any of those specified manners.	89

(F) If the owner, manager, or employee of a kennel of dogs	90
that is registered under section 955.04 of the Revised Code	91
violates divisions (B) and (D)(1) of this section, the prosecutor	92
in the case, in the prosecutor's discretion, may prosecute the	93
owner, manager, or employee of the kennel of dogs for a violation	94
of either division (B) or (D)(1) of this section.	95

(G) If the owner, manager, or employee of a kennel of dogs	96
that is registered under section 955.04 of the Revised Code	97
violates divisions (C) and (E) of this section, the prosecutor in	98
the case, in the prosecutor's discretion, may prosecute the owner,	99
manager, or employee of the kennel of dogs for a violation of	100
either division (C) or (E) of this section.	101

(H) Divisions (B) and, (C), (D), and (E) of this section do	102
not apply to any of the following:	103

(1) A companion animal used in scientific research conducted	104
by an institution in accordance with the federal animal welfare	105
act and related regulations;	106

(2) The lawful practice of veterinary medicine by a person	107
who has been issued a license, temporary permit, or registration	108
certificate to do so under Chapter 4741. of the Revised Code;	109

(3) Dogs being used or intended for use for hunting or field	110
trial purposes, provided that the dogs are being treated in	111
accordance with usual and commonly accepted practices for the care	112
of hunting dogs;	113

(4) The use of common training devices, if the companion	114
animal is being treated in accordance with usual and commonly	115
accepted practices for the training of animals;	116

(5) The administering of medicine to a companion animal that	117
was properly prescribed by a person who has been issued a license,	118
temporary permit, or registration certificate under Chapter 4741.	119
of the Revised Code.	120

(E)(I) Notwithstanding any section of the Revised Code that	121
otherwise provides for the distribution of fine moneys, the clerk	122
of court shall forward all fines the clerk collects that are so	123
imposed for any violation of this section to the treasurer of the	124
political subdivision or the state, whose county humane society or	125
law enforcement agency is to be paid the fine money as determined	126
under this division. The treasurer to whom the fines are forwarded	127
shall pay the fine moneys to the county humane society or the	128
county, township, municipal corporation, or state law enforcement	129
agency in this state that primarily was responsible for or	130
involved in the investigation and prosecution of the violation. If	131
a county humane society receives any fine moneys under this	132
division, the county humane society shall use the fine moneys to	133
provide the training that is required for humane agents under	134
section 1717.06 of the Revised Code.	135

Sec. 959.132.  (A) As used in this section:

136

(1) "Companion animal" has the same meaning as in section	137
959.131 of the Revised Code.	138

(2) "Impounding agency" means a county humane society	139
organized under section 1717.05 of the Revised Code, an animal	140
shelter, or a law enforcement agency that has impounded a	141
companion animal in accordance with this section.	142

(3) "Offense" means a violation of section 959.131 of the	143
Revised Code or an attempt, in violation of section 2923.02 of the	144
Revised Code, to violate section 959.131 of the Revised Code.	145

(4) "Officer" means any law enforcement officer, agent of a	146
county humane society, or other person appointed to act as an	147
animal control officer for a municipal corporation or township in	148
accordance with state law, an ordinance, or a resolution.	149

(B) An officer may seize and cause to be impounded at an	150
impounding agency a companion animal that the officer has probable	151
cause to believe is the subject of an offense. No officer or	152
impounding agency shall impound a companion animal that is the	153
subject of an offense in a shelter owned, operated, or controlled	154
by a board of county commissioners pursuant to Chapter 955. of the	155
Revised Code unless the board, by resolution, authorizes the	156
impoundment of such a companion animal in a shelter owned,	157
operated, or controlled by that board and has executed, in the	158
case when the officer is other than a dog warden or assistant dog	159
warden, a contract specifying the terms and conditions of the	160
impoundment.	161

(C) The officer shall give written notice of the seizure and	162
impoundment to the owner, keeper, or harborer of the companion	163
animal that was seized and impounded. If the officer is unable to	164
give the notice to the owner, keeper, or harborer of the companion	165
animal, the officer shall post the notice on the door of the	166
residence or in another conspicuous place on the premises at which	167
the companion animal was seized. The notice shall include a	168
statement that a hearing will be held not later than ten days	169
after the notice is provided or at the next available court date	170
to determine whether the officer had probable cause to seize the	171
companion animal and, if applicable, to determine the amount of a	172
bond or cash deposit that is needed to provide for the companion	173
animal's care and keeping for not less than thirty days beginning	174
on the date on which the companion animal was impounded.	175

(D) A companion animal that is seized under this section may	176
be humanely destroyed immediately or at any time during	177
impoundment if a licensed veterinarian determines it to be	178
necessary because the companion animal is suffering.	179

(E)(1) Not later than ten days after notice is provided or at	180
the next available court date, the court shall hold a hearing to	181
determine whether the officer impounding a companion animal had	182
probable cause to seize the companion animal. If the court	183
determines that probable cause exists, the court shall determine	184
the amount of a bond or cash deposit that is needed to provide for	185
the companion animal's care and keeping for not less than thirty	186
days beginning on the date on which the companion animal was	187
impounded.	188

(2) If the court determines that probable cause does not	189
exist, the court immediately shall order the impounding agency to	190
return the companion animal to its owner if possible. If the	191
companion animal cannot be returned because it has died as a	192
result of neglect or other misconduct by the impounding agency or	193
if the companion animal is injured as a result of neglect or other	194
misconduct by the impounding agency, the court shall order the	195
impounding agency to pay the owner an amount determined by the	196
court to be equal to the reasonable market value of the companion	197
animal at the time that it was impounded plus statutory interest	198
as defined in section 1343.03 of the Revised Code from the date of	199
the impoundment or an amount determined by the court to be equal	200
to the reasonable cost of treatment of the injury to the companion	201
animal, as applicable. The requirement established in division	202
(E)(2) of this section regarding the payment of the reasonable	203
market value of the companion animal shall not apply in the case	204
of a dog that, in violation of section 955.01 of the Revised Code,	205
was not registered at the time it was seized and impounded.	206

(3) If the court determines that probable cause exists and	207
determines the amount of a bond or cash deposit, the case shall	208
continue and the owner shall post a bond or cash deposit to	209
provide for the companion animal's care and keeping for not less	210
than thirty days beginning on the date on which the companion	211
animal was impounded. The owner may renew a bond or cash deposit	212
by posting, not later than ten days following the expiration of	213
the period for which a previous bond or cash deposit was posted, a	214
new bond or cash deposit in an amount that the court, in	215
consultation with the impounding agency, determines is sufficient	216
to provide for the companion animal's care and keeping for not	217
less than thirty days beginning on the date on which the previous	218
period expired. If no bond or cash deposit is posted or if a bond	219
or cash deposit expires and is not renewed, the impounding agency	220
may determine the disposition of the companion animal unless the	221
court issues an order that specifies otherwise.	222

(F) If a person is convicted of committing an offense, the	223
court may impose the following additional penalties against the	224
person:	225

(1) A requirement that the person pay for the costs incurred	226
by the impounding agency in caring for a companion animal involved	227
in the applicable offense, provided that the costs were incurred	228
during the companion animal's impoundment. A bond or cash deposit	229
posted under this section may be applied to the costs.	230

(2) An order permanently terminating the person's right to	231
possession, title, custody, or care of the companion animal that	232
was involved in the offense. If the court issues such an order,	233
the court shall order the disposition of the companion animal.	234

(G) If a person is found not guilty of committing an offense,	235
the court immediately shall order the impounding agency to return	236
the companion animal to its owner if possible and to return the	237
entire amount of any bond or cash deposit posted under division	238
(E) of this section. If the companion animal cannot be returned	239
because it has died as a result of neglect or other misconduct by	240
the impounding agency or if the companion animal is injured as a	241
result of neglect or other misconduct by the impounding agency,	242
the court shall order the impounding agency to pay the owner an	243
amount determined by the court to be equal to the reasonable	244
market value of the companion animal at the time that it was	245
impounded plus statutory interest as defined in section 1343.03 of	246
the Revised Code from the date of the impoundment or an amount	247
determined by the court to be equal to the reasonable cost of	248
treatment of the injury to the companion animal, as applicable.	249
The requirements established in this division regarding the return	250
of a bond or cash deposit and the payment of the reasonable market	251
value of the companion animal shall not apply in the case of a dog	252
that, in violation of section 955.01 of the Revised Code, was not	253
registered at the time it was seized and impounded.	254

(H) If charges are filed under section 959.131 of the Revised	255
Code against the custodian or caretaker of a companion animal, but	256
the companion animal that is the subject of the charges is not	257
impounded, the court in which the charges are pending may order	258
the owner or person having custody of the companion animal to	259
provide to the companion animal the necessities described in	260
division (C)(2) of section 959.131 of the Revised Code until the	261
final disposition of the charges. If the court issues an order of	262
that nature, the court also may authorize an officer or another	263
person to visit the place where the companion animal is being	264
kept, at the times and under the conditions that the court may	265
set, to determine whether the companion animal is receiving those	266
necessities and to remove and impound the companion animal if the	267
companion animal is not receiving those necessities.	268

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	269
of the Revised Code is guilty of a minor misdemeanor.	270

(B) Except as otherwise provided in this division, whoever	271
violates section 959.02 of the Revised Code is guilty of a	272
misdemeanor of the second degree. If the value of the animal	273
killed or the injury done amounts to three hundred dollars or	274
more, whoever violates section 959.02 of the Revised Code is	275
guilty of a misdemeanor of the first degree.	276

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	277
or 959.17 of the Revised Code is guilty of a misdemeanor of the	278
fourth degree.	279

(D) Whoever violates division (A) of section 959.13 of the	280
Revised Code is guilty of a misdemeanor of the second degree. In	281
addition, the court may order the offender to forfeit the animal	282
or livestock and may provide for its disposition, including, but	283
not limited to, the sale of the animal or livestock. If an animal	284
or livestock is forfeited and sold pursuant to this division, the	285
proceeds from the sale first shall be applied to pay the expenses	286
incurred with regard to the care of the animal from the time it	287
was taken from the custody of the former owner. The balance of the	288
proceeds from the sale, if any, shall be paid to the former owner	289
of the animal.	290

(E)(1) Whoever violates division (B) of section 959.131 of	291
the Revised Code is guilty of a misdemeanor of the first degree on	292
a first offense and a felony of the fifth degree on each	293
subsequent offense.	294

(2) Whoever violates section 959.01 of the Revised Code or	295
division (C) of section 959.131 of the Revised Code is guilty of a	296
misdemeanor of the second degree on a first offense and a	297
misdemeanor of the first degree on each subsequent offense.	298

(3) Whoever violates division (D) of section 959.131 of the	299
Revised Code is guilty of a felony of the fifth degree.	300

(4) Whoever violates division (E) of section 959.131 of the	301
Revised Code is guilty of a misdemeanor of the first degree.	302

(5)(a) A court may order a person who is convicted of or	303
pleads guilty to a violation of section 959.131 of the Revised	304
Code to forfeit to an impounding agency, as defined in section	305
959.132 of the Revised Code, any or all of the companion animals	306
in that person's ownership or care. The court also may prohibit or	307
place limitations on the person's ability to own or care for any	308
companion animals for a specified or indefinite period of time.	309

(b) A court may order a person who is convicted of or pleads	310
guilty to a violation of section 959.131 of the Revised Code to	311
reimburse an impounding agency for the reasonably necessary costs	312
incurred by the agency for the care of a companion animal that the	313
agency impounded as a result of the investigation or prosecution	314
of the violation, provided that the costs were not otherwise paid	315
under section 959.132 of the Revised Code.	316

(4)(6) If a court has reason to believe that a person who is	317
convicted of or pleads guilty to a violation of section 959.131 of	318
the Revised Code suffers from a mental or emotional disorder that	319
contributed to the violation, the court may impose as a community	320
control sanction or as a condition of probation a requirement that	321
the offender undergo psychological evaluation or counseling. The	322
court shall order the offender to pay the costs of the evaluation	323
or counseling.	324

(F) Whoever violates section 959.14 of the Revised Code is	325
guilty of a misdemeanor of the second degree on a first offense	326
and a misdemeanor of the first degree on each subsequent offense.	327

(G) Whoever violates section 959.05 or 959.20 of the Revised	328
Code is guilty of a misdemeanor of the first degree.	329

(H) Whoever violates section 959.16 of the Revised Code is	330
guilty of a felony of the fourth degree for a first offense and a	331
felony of the third degree on each subsequent offense.	332

Section 2. That existing sections 959.131, 959.132, and	333
959.99 of the Revised Code are hereby repealed.	334