Bill Text: OH HB641 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require violators of specified statutes in the Animal Cruelty Law to register with the Attorney General, to require the Attorney General to establish a registry of those violators, and to prohibit an animal shelter from placing for adoption an animal in the shelter's care with such a violator.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2014-10-20 - To Judiciary [HB641 Detail]

Download: Ohio-2013-HB641-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 641

Representative Celebrezze 

Cosponsors: Representatives Barborak, Cera, Foley, Beck, Antonio, Fedor, O'Brien, Hagan, R. 

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A BILL

To amend section 959.99 and to enact sections 959.30

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to 959.34 of the Revised Code to require violators

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of specified statutes in the Animal Cruelty Law to

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register with the Attorney General, to require the

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Attorney General to establish a registry of those

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violators, and to prohibit an animal shelter from

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placing for adoption an animal in the shelter's

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care with such a violator.

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

Section 1. That section 959.99 be amended and sections	9
959.30, 959.31, 959.32, 959.33, and 959.34 of the Revised Code be	10
enacted to read as follows:	11

Sec. 959.30.  As used in this section and sections 959.31 to	12
959.34 of the Revised Code:	13

(A) "Animal shelter" has the same meaning as in section	14
4729.01 of the Revised Code.	15

(B) "Humane society" and "law enforcement officer" have the	16
same meanings as in section 935.01 of the Revised Code.	17

Sec. 959.31.  (A) For purposes of the registry established	18
under section 959.32 of the Revised Code, an individual who has	19
been convicted of or pleaded guilty to a violation of section	20
959.01, 959.02, 959.03, 959.13, 959.131, 959.14, 959.15, 959.16,	21
959.17, 959.18, or 959.20 of the Revised Code shall submit the	22
following information to the attorney general not later than	23
thirty days after being convicted of or pleading guilty to such a	24
violation:	25

(1) The individual's name, address, gender, and date of	26
birth;	27

(2) Details of the violation of section 959.01, 959.02,	28
959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18,	29
or 959.20 of the Revised Code, including a description of and the	30
gender and age of each animal that was a victim of the violation;	31

(3) A description of any enforcement action taken;

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(4) Any additional information that the attorney general	33
considers necessary.	34

(B) A person who is required to submit information under this	35
section shall submit a ten dollar fee along with the information.	36
The fee shall be credited to the animal abuser registration fund	37
created in section 959.34 of the Revised Code.	38

(C) No individual shall violate this section.

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Sec. 959.32.  (A) The attorney general shall establish and	40
maintain a registry of violations of sections 959.01, 959.02,	41
959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18,	42
and 959.20 of the Revised Code. The attorney general shall make	43
the registry available to local and state law enforcement	44
agencies. In addition, the attorney general shall post the	45
registry on the attorney general's web site.	46

(B) The registry shall include all of the information	47
submitted under section 959.31 of the Revised Code.	48

(C) A law enforcement officer, agent of a humane society	49
appointed under section 1717.06 of the Revised Code, or dog warden	50
or deputy dog warden appointed under Chapter 955. of the Revised	51
Code who becomes aware of a violation of section 959.01, 959.02,	52
959.03, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18,	53
or 959.20 of the Revised Code shall inform the attorney general of	54
that violation and provide the attorney general with information	55
regarding the violation as specified in section 959.31 of the	56
Revised Code, if known. The attorney general shall enter that	57
information into the registry established under division (A) of	58
this section.	59

Sec. 959.33.  An animal shelter shall not place for adoption	60
an animal that is kept or harbored by the shelter with an	61
individual whose name is on the registry established under section	62
959.32 of the Revised Code.	63

Sec. 959.34. There is hereby created in the state treasury	64
the animal abuser registration fund. The fund shall consist of	65
money credited to the fund under section 959.31 of the Revised	66
Code. The attorney general shall use money in the fund to	67
administer and enforce sections 959.30 to 959.34 of the Revised	68
Code.	69

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	70
of the Revised Code is guilty of a minor misdemeanor.	71

(B) Except as otherwise provided in this division, whoever	72
violates section 959.02 of the Revised Code is guilty of a	73
misdemeanor of the second degree. If the value of the animal	74
killed or the injury done amounts to three hundred dollars or	75
more, whoever violates section 959.02 of the Revised Code is	76
guilty of a misdemeanor of the first degree.	77

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	78
or 959.17 of the Revised Code is guilty of a misdemeanor of the	79
fourth degree.	80

(D) Whoever violates division (A) of section 959.13 of the	81
Revised Code is guilty of a misdemeanor of the second degree. In	82
addition, the court may order the offender to forfeit the animal	83
or livestock and may provide for its disposition, including, but	84
not limited to, the sale of the animal or livestock. If an animal	85
or livestock is forfeited and sold pursuant to this division, the	86
proceeds from the sale first shall be applied to pay the expenses	87
incurred with regard to the care of the animal from the time it	88
was taken from the custody of the former owner. The balance of the	89
proceeds from the sale, if any, shall be paid to the former owner	90
of the animal.	91

(E)(1) Whoever violates division (B) of section 959.131 of	92
the Revised Code is guilty of a misdemeanor of the first degree on	93
a first offense and a felony of the fifth degree on each	94
subsequent offense.	95

(2) Whoever violates section 959.01 of the Revised Code or	96
division (C) of section 959.131 of the Revised Code is guilty of a	97
misdemeanor of the second degree on a first offense and a	98
misdemeanor of the first degree on each subsequent offense.	99

(3) Whoever violates division (D) of section 959.131 of the	100
Revised Code is guilty of a felony of the fifth degree.	101

(4) Whoever violates division (E) of section 959.131 of the	102
Revised Code is guilty of a misdemeanor of the first degree.	103

(5)(a) A court may order a person who is convicted of or	104
pleads guilty to a violation of section 959.131 of the Revised	105
Code to forfeit to an impounding agency, as defined in section	106
959.132 of the Revised Code, any or all of the companion animals	107
in that person's ownership or care. The court also may prohibit or	108
place limitations on the person's ability to own or care for any	109
companion animals for a specified or indefinite period of time.	110

(b) A court may order a person who is convicted of or pleads	111
guilty to a violation of section 959.131 of the Revised Code to	112
reimburse an impounding agency for the reasonably necessary costs	113
incurred by the agency for the care of a companion animal that the	114
agency impounded as a result of the investigation or prosecution	115
of the violation, provided that the costs were not otherwise paid	116
under section 959.132 of the Revised Code.	117

(6) If a court has reason to believe that a person who is	118
convicted of or pleads guilty to a violation of section 959.131 of	119
the Revised Code suffers from a mental or emotional disorder that	120
contributed to the violation, the court may impose as a community	121
control sanction or as a condition of probation a requirement that	122
the offender undergo psychological evaluation or counseling. The	123
court shall order the offender to pay the costs of the evaluation	124
or counseling.	125

(F) Whoever violates section 959.14 of the Revised Code is	126
guilty of a misdemeanor of the second degree on a first offense	127
and a misdemeanor of the first degree on each subsequent offense.	128

(G) Whoever violates section 959.05 or, 959.20, or 959.31 of	129
the Revised Code is guilty of a misdemeanor of the first degree.	130

(H) Whoever violates section 959.16 of the Revised Code is	131
guilty of a felony of the fourth degree for a first offense and a	132
felony of the third degree on each subsequent offense.	133

Section 2. That existing section 959.99 of the Revised Code	134
is hereby repealed.	135