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

Ohio House Bill 108 (Prior Session Legislation)

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-Comm_Sub.html

As Reported by the Senate Agriculture, Environment and Natural Resources Committee

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, Rose, Szollosi, Yuko
Senators Cafaro, Hite

A BILL

To amend sections 959.131, 959.132, 959.99, and

1717.01 of the Revised Code 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.

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

Section 1. That sections 959.131, 959.132, 959.99, and	14
1717.01 of the Revised Code be amended to read as follows:	15

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

(1) "Companion animal" means any animal that is kept inside a	17
residential dwelling and any dog or cat regardless of where it is	18
kept. "Companion animal" does not include livestock or any wild	19
animal.	20

(2) "Cruelty," "torment," and "torture" have the same	21
meanings as in section 1717.01 of the Revised Code.	22

(3) "Residential dwelling" means a structure or shelter or	23
the portion of a structure or shelter that is used by one or more	24
humans for the purpose of a habitation.	25

(4) "Practice of veterinary medicine" has the same meaning as	26
in section 4741.01 of the Revised Code.	27

(5) "Wild animal" has the same meaning as in section 1531.01	28
of the Revised Code.	29

(6) "Federal animal welfare act" means the "Laboratory Animal	30
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	31
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	32
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	33
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	34
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	35
(1985), and as it may be subsequently amended.	36

(7) "Prosecutor" has the same meaning as in section 2935.01	37
of the Revised Code.	38

(B) No person shall knowingly torture, torment, needlessly	39
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	40
an act of cruelty against a companion animal.	41

(C) No person who confines or who is the custodian or	42
caretaker of a companion animal shall negligently do any of the	43
following:	44

(1) ~~Torture, torment, needlessly mutilate or maim, cruelly~~	45
~~beat, poison, needlessly kill, or commit an act of cruelty against~~	46
~~the companion animal;~~Commit any act by which unnecessary or	47
unjustifiable pain or suffering is caused, permitted, or allowed	48
to continue against the companion animal;	49

(2) Omit any act of care by which unnecessary or	50
unjustifiable pain or suffering is caused, permitted, or allowed	51
to continue against the companion animal;	52

(3) Commit any act of neglect by which unnecessary or	53
unjustifiable pain or suffering is caused, permitted, or allowed	54
to continue against the companion animal;	55

(4) Kill the companion animal;

(5) Deprive the companion animal of necessary sustenance,	57
confine the companion animal without supplying it during the	58
confinement with sufficient quantities of good, wholesome food and	59
water, or impound or confine the companion animal without	60
affording it, during the impoundment or confinement, with access	61
to shelter from heat, cold, wind, rain, snow, or excessive direct	62
sunlight, if it can reasonably be expected that the companion	63
animal would become sick or suffer in any other way as a result of	64
or due to the deprivation, confinement, or impoundment or	65
confinement in any of those specified manners.	66

(D) No owner, manager, or employee of a kennel of dogs that	67
is registered under section 955.04 of the Revised Code who	68
confines or is the custodian or caretaker of a companion animal	69
shall knowingly do any of the following:	70

(1) Torture, torment, needlessly mutilate or maim, cruelly	71
beat, poison, needlessly kill, or commit an act of cruelty against	72
the companion animal;	73

(2) Deprive the companion animal of necessary sustenance,	74
confine the companion animal without supplying it during the	75
confinement with sufficient quantities of good, wholesome food and	76
water, or impound or confine the companion animal without	77
affording it, during the impoundment or confinement, with access	78
to shelter from heat, cold, wind, rain, snow, or excessive direct	79
sunlight, if it can reasonably be expected that the companion	80
animal would become sick or suffer in any other way as a result of	81
or due to the deprivation, confinement, or impoundment or	82
confinement in any of those specified manners.	83

(E) No owner, manager, or employee of a kennel of dogs that	84
is registered under section 955.04 of the Revised Code who	85
confines or is the custodian or caretaker of a companion animal	86
shall negligently do any of the following:	87

(1) Harm, injure, harass, or cause the death of the companion	88
animal;	89

(2) Deprive the companion animal of necessary sustenance,	90
confine the companion animal without supplying it during the	91
confinement with sufficient quantities of good, wholesome food and	92
water, or impound or confine the companion animal without	93
affording it, during the impoundment or confinement, with access	94
to shelter from heat, cold, wind, rain, snow, or excessive direct	95
sunlight, if it can reasonably be expected that the companion	96
animal would become sick or suffer in any other way as a result of	97
or due to the deprivation, confinement, or impoundment or	98
confinement in any of those specified manners.	99

(F) If the owner, manager, or employee of a kennel of dogs	100
that is registered under section 955.04 of the Revised Code	101
violates divisions (B) and (D)(1) of this section, the prosecutor	102
in the case, in the prosecutor's discretion, may prosecute the	103
owner, manager, or employee of the kennel of dogs for a violation	104
of either division (B) or (D)(1) of this section.	105

(G) If the owner, manager, or employee of a kennel of dogs	106
that is registered under section 955.04 of the Revised Code	107
violates divisions (C) and (E) of this section, the prosecutor in	108
the case, in the prosecutor's discretion, may prosecute the owner,	109
manager, or employee of the kennel of dogs for a violation of	110
either division (C) or (E) of this section.	111

(H) Divisions (B) ~~and~~, (C), (D), and (E) of this section do	112
not apply to any of the following:	113

(1) A companion animal used in scientific research conducted	114
by an institution in accordance with the federal animal welfare	115
act and related regulations;	116

(2) The lawful practice of veterinary medicine by a person	117
who has been issued a license, temporary permit, or registration	118
certificate to do so under Chapter 4741. of the Revised Code;	119

(3) Dogs being used or intended for use for hunting or field	120
trial purposes, provided that the dogs are being treated in	121
accordance with usual and commonly accepted practices for the care	122
of hunting dogs;	123

(4) The use of common training devices, if the companion	124
animal is being treated in accordance with usual and commonly	125
accepted practices for the training of animals;	126

(5) The administering of medicine to a companion animal that	127
was properly prescribed by a person who has been issued a license,	128
temporary permit, or registration certificate under Chapter 4741.	129
of the Revised Code.	130

~~(E)~~(I) Notwithstanding any section of the Revised Code that	131
otherwise provides for the distribution of fine moneys, the clerk	132
of court shall forward all fines the clerk collects that are so	133
imposed for any violation of this section to the treasurer of the	134
political subdivision or the state, whose county humane society or	135
law enforcement agency is to be paid the fine money as determined	136
under this division. The treasurer to whom the fines are forwarded	137
shall pay the fine moneys to the county humane society or the	138
county, township, municipal corporation, or state law enforcement	139
agency in this state that primarily was responsible for or	140
involved in the investigation and prosecution of the violation. If	141
a county humane society receives any fine moneys under this	142
division, the county humane society shall use the fine moneys to	143
provide the training that is required for humane agents under	144
section 1717.06 of the Revised Code.	145

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

146

(1) "Companion animal" has the same meaning as in section	147
959.131 of the Revised Code.	148

(2) "Impounding agency" means a county humane society	149
organized under section 1717.05 of the Revised Code, an animal	150
shelter, or a law enforcement agency that has impounded a	151
companion animal in accordance with this section.	152

(3) "Offense" means a violation of section 959.131 of the	153
Revised Code or an attempt, in violation of section 2923.02 of the	154
Revised Code, to violate section 959.131 of the Revised Code.	155

(4) "Officer" means any law enforcement officer, agent of a	156
county humane society, or other person appointed to act as an	157
animal control officer for a municipal corporation or township in	158
accordance with state law, an ordinance, or a resolution.	159

(B) An officer may seize and cause to be impounded at an	160
impounding agency a companion animal that the officer has probable	161
cause to believe is the subject of an offense. No officer or	162
impounding agency shall impound a companion animal that is the	163
subject of an offense in a shelter owned, operated, or controlled	164
by a board of county commissioners pursuant to Chapter 955. of the	165
Revised Code unless the board, by resolution, authorizes the	166
impoundment of such a companion animal in a shelter owned,	167
operated, or controlled by that board and has executed, in the	168
case when the officer is other than a dog warden or assistant dog	169
warden, a contract specifying the terms and conditions of the	170
impoundment.	171

(C) The officer shall give written notice of the seizure and	172
impoundment to the owner, keeper, or harborer of the companion	173
animal that was seized and impounded. If the officer is unable to	174
give the notice to the owner, keeper, or harborer of the companion	175
animal, the officer shall post the notice on the door of the	176
residence or in another conspicuous place on the premises at which	177
the companion animal was seized. The notice shall include a	178
statement that a hearing will be held not later than ten days	179
after the notice is provided or at the next available court date	180
to determine whether the officer had probable cause to seize the	181
companion animal and, if applicable, to determine the amount of a	182
bond or cash deposit that is needed to provide for the companion	183
animal's care and keeping for not less than thirty days beginning	184
on the date on which the companion animal was impounded.	185

(D) A companion animal that is seized under this section may	186
be humanely destroyed immediately or at any time during	187
impoundment if a licensed veterinarian determines it to be	188
necessary because the companion animal is suffering.	189

(E)(1) Not later than ten days after notice is provided or at	190
the next available court date, the court shall hold a hearing to	191
determine whether the officer impounding a companion animal had	192
probable cause to seize the companion animal. If the court	193
determines that probable cause exists, the court shall determine	194
the amount of a bond or cash deposit that is needed to provide for	195
the companion animal's care and keeping for not less than thirty	196
days beginning on the date on which the companion animal was	197
impounded.	198

(2) If the court determines that probable cause does not	199
exist, the court immediately shall order the impounding agency to	200
return the companion animal to its owner if possible. If the	201
companion animal cannot be returned because it has died as a	202
result of neglect or other misconduct by the impounding agency or	203
if the companion animal is injured as a result of neglect or other	204
misconduct by the impounding agency, the court shall order the	205
impounding agency to pay the owner an amount determined by the	206
court to be equal to the reasonable market value of the companion	207
animal at the time that it was impounded plus statutory interest	208
as defined in section 1343.03 of the Revised Code from the date of	209
the impoundment or an amount determined by the court to be equal	210
to the reasonable cost of treatment of the injury to the companion	211
animal, as applicable. The requirement established in division	212
(E)(2) of this section regarding the payment of the reasonable	213
market value of the companion animal shall not apply in the case	214
of a dog that, in violation of section 955.01 of the Revised Code,	215
was not registered at the time it was seized and impounded.	216

(3) If the court determines that probable cause exists and	217
determines the amount of a bond or cash deposit, the case shall	218
continue and the owner shall post a bond or cash deposit to	219
provide for the companion animal's care and keeping for not less	220
than thirty days beginning on the date on which the companion	221
animal was impounded. The owner may renew a bond or cash deposit	222
by posting, not later than ten days following the expiration of	223
the period for which a previous bond or cash deposit was posted, a	224
new bond or cash deposit in an amount that the court, in	225
consultation with the impounding agency, determines is sufficient	226
to provide for the companion animal's care and keeping for not	227
less than thirty days beginning on the date on which the previous	228
period expired. If no bond or cash deposit is posted or if a bond	229
or cash deposit expires and is not renewed, the impounding agency	230
may determine the disposition of the companion animal unless the	231
court issues an order that specifies otherwise.	232

(F) If a person is convicted of committing an offense, the	233
court may impose the following additional penalties against the	234
person:	235

(1) A requirement that the person pay for the costs incurred	236
by the impounding agency in caring for a companion animal involved	237
in the applicable offense, provided that the costs were incurred	238
during the companion animal's impoundment. A bond or cash deposit	239
posted under this section may be applied to the costs.	240

(2) An order permanently terminating the person's right to	241
possession, title, custody, or care of the companion animal that	242
was involved in the offense. If the court issues such an order,	243
the court shall order the disposition of the companion animal.	244

(G) If a person is found not guilty of committing an offense,	245
the court immediately shall order the impounding agency to return	246
the companion animal to its owner if possible and to return the	247
entire amount of any bond or cash deposit posted under division	248
(E) of this section. If the companion animal cannot be returned	249
because it has died as a result of neglect or other misconduct by	250
the impounding agency or if the companion animal is injured as a	251
result of neglect or other misconduct by the impounding agency,	252
the court shall order the impounding agency to pay the owner an	253
amount determined by the court to be equal to the reasonable	254
market value of the companion animal at the time that it was	255
impounded plus statutory interest as defined in section 1343.03 of	256
the Revised Code from the date of the impoundment or an amount	257
determined by the court to be equal to the reasonable cost of	258
treatment of the injury to the companion animal, as applicable.	259
The requirements established in this division regarding the return	260
of a bond or cash deposit and the payment of the reasonable market	261
value of the companion animal shall not apply in the case of a dog	262
that, in violation of section 955.01 of the Revised Code, was not	263
registered at the time it was seized and impounded.	264

(H) If charges are filed under section 959.131 of the Revised	265
Code against the custodian or caretaker of a companion animal, but	266
the companion animal that is the subject of the charges is not	267
impounded, the court in which the charges are pending may order	268
the owner or person having custody of the companion animal to	269
provide to the companion animal the necessities described in	270
division (C)~~(2)~~ of section 959.131 of the Revised Code until the	271
final disposition of the charges. If the court issues an order of	272
that nature, the court also may authorize an officer or another	273
person to visit the place where the companion animal is being	274
kept, at the times and under the conditions that the court may	275
set, to determine whether the companion animal is receiving those	276
necessities and to remove and impound the companion animal if the	277
companion animal is not receiving those necessities.	278

Sec. 959.99. (A) Whoever violates section 959.18 or 959.19	279
of the Revised Code is guilty of a minor misdemeanor.	280

(B) Except as otherwise provided in this division, whoever	281
violates section 959.02 of the Revised Code is guilty of a	282
misdemeanor of the second degree. If the value of the animal	283
killed or the injury done amounts to three hundred dollars or	284
more, whoever violates section 959.02 of the Revised Code is	285
guilty of a misdemeanor of the first degree.	286

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	287
or 959.17 of the Revised Code is guilty of a misdemeanor of the	288
fourth degree.	289

(D) Whoever violates division (A) of section 959.13 of the	290
Revised Code is guilty of a misdemeanor of the second degree. In	291
addition, the court may order the offender to forfeit the animal	292
or livestock and may provide for its disposition, including, but	293
not limited to, the sale of the animal or livestock. If an animal	294
or livestock is forfeited and sold pursuant to this division, the	295
proceeds from the sale first shall be applied to pay the expenses	296
incurred with regard to the care of the animal from the time it	297
was taken from the custody of the former owner. The balance of the	298
proceeds from the sale, if any, shall be paid to the former owner	299
of the animal.	300

(E)(1) Whoever violates division (B) of section 959.131 of	301
the Revised Code is guilty of a misdemeanor of the first degree on	302
a first offense and a felony of the fifth degree on each	303
subsequent offense.	304

(2) Whoever violates section 959.01 of the Revised Code or	305
division (C) of section 959.131 of the Revised Code is guilty of a	306
misdemeanor of the second degree on a first offense and a	307
misdemeanor of the first degree on each subsequent offense.	308

(3) Whoever violates division (D) of section 959.131 of the	309
Revised Code is guilty of a felony of the fifth degree.	310

(4) Whoever violates division (E) of section 959.131 of the	311
Revised Code is guilty of a misdemeanor of the first degree.	312

(5)(a) A court may order a person who is convicted of or	313
pleads guilty to a violation of section 959.131 of the Revised	314
Code to forfeit to an impounding agency, as defined in section	315
959.132 of the Revised Code, any or all of the companion animals	316
in that person's ownership or care. The court also may prohibit or	317
place limitations on the person's ability to own or care for any	318
companion animals for a specified or indefinite period of time.	319

(b) A court may order a person who is convicted of or pleads	320
guilty to a violation of section 959.131 of the Revised Code to	321
reimburse an impounding agency for the reasonably necessary costs	322
incurred by the agency for the care of a companion animal that the	323
agency impounded as a result of the investigation or prosecution	324
of the violation, provided that the costs were not otherwise paid	325
under section 959.132 of the Revised Code.	326

~~(4)~~(6) If a court has reason to believe that a person who is	327
convicted of or pleads guilty to a violation of section 959.131 of	328
the Revised Code suffers from a mental or emotional disorder that	329
contributed to the violation, the court may impose as a community	330
control sanction or as a condition of probation a requirement that	331
the offender undergo psychological evaluation or counseling. The	332
court shall order the offender to pay the costs of the evaluation	333
or counseling.	334

(F) Whoever violates section 959.14 of the Revised Code is	335
guilty of a misdemeanor of the second degree on a first offense	336
and a misdemeanor of the first degree on each subsequent offense.	337

(G) Whoever violates section 959.05 or 959.20 of the Revised	338
Code is guilty of a misdemeanor of the first degree.	339

(H) Whoever violates section 959.16 of the Revised Code is	340
guilty of a felony of the fourth degree for a first offense and a	341
felony of the third degree on each subsequent offense.	342

Sec. 1717.01. As used in sections 1717.01 to 1717.14,	343
inclusive, of the Revised Code, and in every law relating to	344
animals:	345

(A) "Animal" includes every living dumb creature;

346

(B) "Cruelty," "torment," and "torture" include every act,	347
omission, or neglect by which unnecessary or unjustifiable pain or	348
suffering is caused, permitted, or allowed to continue~~, when there~~	349
~~is a reasonable remedy or relief~~against an animal;	350

(C) "Owner" and "person" include corporations. For the	351
purpose of this section the knowledge and acts of the agents and	352
employees of a corporation, in regard to animals transported,	353
owned, or employed by, or in the custody of, such agents and	354
employees, are the knowledge and acts of the corporation.	355