Bill Title: To specifically prohibit an owner, manager, or employee of a dog kennel from committing cruel treatment of a companion animal, to give a prosecutor who prosecutes an owner, manager, or employee of a dog kennel who commits cruel treatment of a companion animal discretion in prosecuting that person for the offense, to revise provisions regarding the negligent treatment of companion animals, and to revise the definition of "cruelty," "torment," and "torture" in the Humane Societies Law.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-05-16 - To Agriculture
[HB90 Detail]Download: Ohio-2013-HB90-Engrossed.html
As Passed by the House
| 130th General Assembly | | Regular Session | | 2013-2014 |
| |
Representatives Gerberry, Grossman
Cosponsors:
Representatives Hagan, R., Cera, Duffey, Ramos, Antonio, Boyd, Milkovich, Fedor, Curtin, Beck, Stinziano, Sprague, O'Brien, Brown, Ruhl, Phillips, Barborak, Johnson, Burkley, Damschroder, Hagan, C., Lynch, Patterson, Retherford, Winburn, Anielski, Ashford, Baker, Barnes, Blair, Blessing, Boyce, Brenner, Budish, Butler, Carney, Celebrezze, Clyde, Conditt, Dovilla, Driehaus, Foley, Green, Hackett, Heard, Henne, Hottinger, Letson, Lundy, Mallory, McClain, Patmon, Perales, Pillich, Redfern, Rogers, Schuring, Sears, Slaby, Smith, Strahorn, Szollosi, Williams, Young Speaker Batchelder
A BILL
| To amend sections 959.131, 959.132, 959.99, and | 1 |
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1717.01 of the Revised Code to specifically | 2 |
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prohibit an owner, manager, or employee of a dog | 3 |
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kennel from committing cruel treatment of a | 4 |
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companion animal, to give a prosecutor who | 5 |
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prosecutes an owner, manager, or employee of a dog | 6 |
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kennel who commits cruel treatment of a companion | 7 |
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animal discretion in prosecuting that person for | 8 |
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the offense, to revise provisions regarding the | 9 |
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negligent treatment of companion animals, and to | 10 |
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revise the definition of "cruelty," "torment," and | 11 |
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"torture" in the Humane Societies Law. | 12 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 959.131, 959.132, 959.99, and | 13 |
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1717.01 of the Revised Code be amended to read as follows: | 14 |
| Sec. 959.131. (A) As used in this section: | 15 |
| (1) "Companion animal" means any animal that is kept inside a | 16 |
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residential dwelling and any dog or cat regardless of where it is | 17 |
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kept. "Companion animal" does not include livestock or any wild | 18 |
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animal. | 19 |
| (2) "Cruelty," "torment," and "torture" have the same | 20 |
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meanings as in section 1717.01 of the Revised Code. | 21 |
| (3) "Residential dwelling" means a structure or shelter or | 22 |
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the portion of a structure or shelter that is used by one or more | 23 |
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humans for the purpose of a habitation. | 24 |
| (4) "Practice of veterinary medicine" has the same meaning as | 25 |
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in section 4741.01 of the Revised Code. | 26 |
| (5) "Wild animal" has the same meaning as in section 1531.01 | 27 |
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of the Revised Code. | 28 |
| (6) "Federal animal welfare act" means the "Laboratory Animal | 29 |
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Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. | 30 |
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2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. | 31 |
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L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act | 32 |
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Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and | 33 |
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the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 | 34 |
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(1985), and as it may be subsequently amended. | 35 |
| (7) "Prosecutor" has the same meaning as in section 2935.01 | 36 |
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of the Revised Code. | 37 |
| (8) "Dog kennel" means an animal rescue for dogs that is | 38 |
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registered under section 956.06 of the Revised Code, a boarding | 39 |
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kennel, and a training kennel.
| 40 |
| (9) "Boarding kennel" has the same meaning as in section | 41 |
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956.01 of the Revised Code.
| 42 |
| (10) "Training kennel" means an establishment operating for | 43 |
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profit that keeps, houses, and maintains dogs for the purpose of | 44 |
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training the dogs in return for a fee or other consideration.
| 45 |
| (11) "Livestock" means horses, mules, and other equidae; | 46 |
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cattle, sheep, goats, and other bovidae; swine and other suidae; | 47 |
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poultry; alpacas; llamas; captive white-tailed deer; and any other | 48 |
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animal that is raised or maintained domestically for food or | 49 |
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fiber.
| 50 |
| (12) "Captive white-tailed deer" has the same meaning as in | 51 |
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section 1531.01 of the Revised Code.
| 52 |
| (B) No person shall knowingly torture, torment, needlessly | 53 |
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mutilate or maim, cruelly beat, poison, needlessly kill, or commit | 54 |
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an act of cruelty against a companion animal. | 55 |
| (C) No person who confines or who is the custodian or | 56 |
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caretaker of a companion animal shall negligently do any of the | 57 |
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following: | 58 |
(1) Torture, torment, needlessly mutilate or maim, cruelly | 59 |
beat, poison, needlessly kill, or commit an act of cruelty against | 60 |
the companion animal;Commit any act by which unnecessary or | 61 |
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unjustifiable pain or suffering is caused, permitted, or allowed | 62 |
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to continue against the companion animal; | 63 |
| (2) Omit any act of care by which unnecessary or | 64 |
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unjustifiable pain or suffering is caused, permitted, or allowed | 65 |
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to continue against the companion animal; | 66 |
| (3) Commit any act of neglect by which unnecessary or | 67 |
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unjustifiable pain or suffering is caused, permitted, or allowed | 68 |
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to continue against the companion animal; | 69 |
| (4) Kill the companion animal; | 70 |
| (5) Deprive the companion animal of necessary sustenance, | 71 |
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confine the companion animal without supplying it during the | 72 |
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confinement with sufficient quantities of good, wholesome food and | 73 |
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water, or impound or confine the companion animal without | 74 |
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affording it, during the impoundment or confinement, with access | 75 |
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to shelter from heat, cold, wind, rain, snow, or excessive direct | 76 |
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sunlight, if it can reasonably be expected that the companion | 77 |
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animal would become sick or suffer in any other way as a result of | 78 |
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or due to the deprivation, confinement, or impoundment or | 79 |
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confinement in any of those specified manners. | 80 |
| (D) No owner, manager, or employee of a dog kennel who | 81 |
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confines or is the custodian or caretaker of a companion animal | 82 |
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shall knowingly do any of the following: | 83 |
| (1) Torture, torment, needlessly mutilate or maim, cruelly | 84 |
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beat, poison, needlessly kill, or commit an act of cruelty against | 85 |
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the companion animal; | 86 |
| (2) Deprive the companion animal of necessary sustenance, | 87 |
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confine the companion animal without supplying it during the | 88 |
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confinement with sufficient quantities of good, wholesome food and | 89 |
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water, or impound or confine the companion animal without | 90 |
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affording it, during the impoundment or confinement, with access | 91 |
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to shelter from heat, cold, wind, rain, snow, or excessive direct | 92 |
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sunlight if it can reasonably be expected that the companion | 93 |
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animal would become sick or suffer in any other way as a result of | 94 |
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or due to the deprivation, confinement, or impoundment or | 95 |
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confinement in any of those specified manners. | 96 |
| (E) No owner, manager, or employee of a dog kennel who | 97 |
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confines or is the custodian or caretaker of a companion animal | 98 |
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shall negligently do any of the following: | 99 |
| (1) Commit any act by which unnecessary or unjustifiable pain | 100 |
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or suffering is caused, permitted, or allowed to continue against | 101 |
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the companion animal; | 102 |
| (2) Omit any act of care by which unnecessary or | 103 |
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unjustifiable pain or suffering is caused, permitted, or allowed | 104 |
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to continue against the companion animal; | 105 |
| (3) Commit any act of neglect by which unnecessary or | 106 |
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unjustifiable pain or suffering is caused, permitted, or allowed | 107 |
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to continue against the companion animal; | 108 |
| (4) Kill the companion animal; | 109 |
| (5) Deprive the companion animal of necessary sustenance, | 110 |
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confine the companion animal without supplying it during the | 111 |
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confinement with sufficient quantities of good, wholesome food and | 112 |
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water, or impound or confine the companion animal without | 113 |
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affording it, during the impoundment or confinement, with access | 114 |
|
to shelter from heat, cold, wind, rain, snow, or excessive direct | 115 |
|
sunlight if it can reasonably be expected that the companion | 116 |
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animal would become sick or suffer in any other way as a result of | 117 |
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or due to the deprivation, confinement, or impoundment or | 118 |
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confinement in any of those specified manners. | 119 |
| (F) If the owner, manager, or employee of a dog kennel | 120 |
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violates divisions (B) and (D)(1) of this section, the prosecutor | 121 |
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in the case, in the prosecutor's discretion, may prosecute the | 122 |
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owner, manager, or employee of the dog kennel for a violation of | 123 |
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either division (B) or (D)(1) of this section. | 124 |
| (G) If the owner, manager, or employee of a dog kennel | 125 |
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violates divisions (C) and (E) of this section, the prosecutor in | 126 |
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the case, in the prosecutor's discretion, may prosecute the owner, | 127 |
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manager, or employee of the dog kennel for a violation of either | 128 |
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division (C) or (E) of this section. | 129 |
(H) Divisions (B) and, (C), (D), and (E) of this section do | 130 |
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not apply to any of the following: | 131 |
| (1) A companion animal used in scientific research conducted | 132 |
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by an institution in accordance with the federal animal welfare | 133 |
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act and related regulations; | 134 |
| (2) The lawful practice of veterinary medicine by a person | 135 |
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who has been issued a license, temporary permit, or registration | 136 |
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certificate to do so under Chapter 4741. of the Revised Code; | 137 |
| (3) Dogs being used or intended for use for hunting or field | 138 |
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trial purposes, provided that the dogs are being treated in | 139 |
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accordance with usual and commonly accepted practices for the care | 140 |
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of hunting dogs; | 141 |
| (4) The use of common training devices, if the companion | 142 |
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animal is being treated in accordance with usual and commonly | 143 |
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accepted practices for the training of animals; | 144 |
| (5) The administering of medicine to a companion animal that | 145 |
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was properly prescribed by a person who has been issued a license, | 146 |
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temporary permit, or registration certificate under Chapter 4741. | 147 |
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of the Revised Code. | 148 |
(E)(I) Notwithstanding any section of the Revised Code that | 149 |
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otherwise provides for the distribution of fine moneys, the clerk | 150 |
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of court shall forward all fines the clerk collects that are so | 151 |
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imposed for any violation of this section to the treasurer of the | 152 |
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political subdivision or the state, whose county humane society or | 153 |
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law enforcement agency is to be paid the fine money as determined | 154 |
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under this division. The treasurer to whom the fines are forwarded | 155 |
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shall pay the fine moneys to the county humane society or the | 156 |
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county, township, municipal corporation, or state law enforcement | 157 |
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agency in this state that primarily was responsible for or | 158 |
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involved in the investigation and prosecution of the violation. If | 159 |
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a county humane society receives any fine moneys under this | 160 |
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division, the county humane society shall use the fine moneys to | 161 |
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provide the training that is required for humane agents under | 162 |
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section 1717.06 of the Revised Code. | 163 |
| Sec. 959.132. (A) As used in this section: | 164 |
| (1) "Companion animal" has the same meaning as in section | 165 |
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959.131 of the Revised Code. | 166 |
| (2) "Impounding agency" means a county humane society | 167 |
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organized under section 1717.05 of the Revised Code, an animal | 168 |
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shelter, or a law enforcement agency that has impounded a | 169 |
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companion animal in accordance with this section. | 170 |
| (3) "Offense" means a violation of section 959.131 of the | 171 |
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Revised Code or an attempt, in violation of section 2923.02 of the | 172 |
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Revised Code, to violate section 959.131 of the Revised Code. | 173 |
| (4) "Officer" means any law enforcement officer, agent of a | 174 |
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county humane society, or other person appointed to act as an | 175 |
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animal control officer for a municipal corporation or township in | 176 |
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accordance with state law, an ordinance, or a resolution. | 177 |
| (B) An officer may seize and cause to be impounded at an | 178 |
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impounding agency a companion animal that the officer has probable | 179 |
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cause to believe is the subject of an offense. No officer or | 180 |
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impounding agency shall impound a companion animal that is the | 181 |
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subject of an offense in a shelter owned, operated, or controlled | 182 |
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by a board of county commissioners pursuant to Chapter 955. of the | 183 |
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Revised Code unless the board, by resolution, authorizes the | 184 |
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impoundment of such a companion animal in a shelter owned, | 185 |
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operated, or controlled by that board and has executed, in the | 186 |
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case when the officer is other than a dog warden or assistant dog | 187 |
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warden, a contract specifying the terms and conditions of the | 188 |
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impoundment. | 189 |
| (C) The officer shall give written notice of the seizure and | 190 |
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impoundment to the owner, keeper, or harborer of the companion | 191 |
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animal that was seized and impounded. If the officer is unable to | 192 |
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give the notice to the owner, keeper, or harborer of the companion | 193 |
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animal, the officer shall post the notice on the door of the | 194 |
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residence or in another conspicuous place on the premises at which | 195 |
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the companion animal was seized. The notice shall include a | 196 |
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statement that a hearing will be held not later than ten days | 197 |
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after the notice is provided or at the next available court date | 198 |
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to determine whether the officer had probable cause to seize the | 199 |
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companion animal and, if applicable, to determine the amount of a | 200 |
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bond or cash deposit that is needed to provide for the companion | 201 |
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animal's care and keeping for not less than thirty days beginning | 202 |
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on the date on which the companion animal was impounded. | 203 |
| (D) A companion animal that is seized under this section may | 204 |
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be humanely destroyed immediately or at any time during | 205 |
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impoundment if a licensed veterinarian determines it to be | 206 |
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necessary because the companion animal is suffering. | 207 |
| (E)(1) Not later than ten days after notice is provided or at | 208 |
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the next available court date, the court shall hold a hearing to | 209 |
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determine whether the officer impounding a companion animal had | 210 |
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probable cause to seize the companion animal. If the court | 211 |
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determines that probable cause exists, the court shall determine | 212 |
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the amount of a bond or cash deposit that is needed to provide for | 213 |
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the companion animal's care and keeping for not less than thirty | 214 |
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days beginning on the date on which the companion animal was | 215 |
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impounded. | 216 |
| (2) If the court determines that probable cause does not | 217 |
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exist, the court immediately shall order the impounding agency to | 218 |
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return the companion animal to its owner if possible. If the | 219 |
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companion animal cannot be returned because it has died as a | 220 |
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result of neglect or other misconduct by the impounding agency or | 221 |
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if the companion animal is injured as a result of neglect or other | 222 |
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misconduct by the impounding agency, the court shall order the | 223 |
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impounding agency to pay the owner an amount determined by the | 224 |
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court to be equal to the reasonable market value of the companion | 225 |
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animal at the time that it was impounded plus statutory interest | 226 |
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as defined in section 1343.03 of the Revised Code from the date of | 227 |
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the impoundment or an amount determined by the court to be equal | 228 |
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to the reasonable cost of treatment of the injury to the companion | 229 |
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animal, as applicable. The requirement established in division | 230 |
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(E)(2) of this section regarding the payment of the reasonable | 231 |
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market value of the companion animal shall not apply in the case | 232 |
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of a dog that, in violation of section 955.01 of the Revised Code, | 233 |
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was not registered at the time it was seized and impounded. | 234 |
| (3) If the court determines that probable cause exists and | 235 |
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determines the amount of a bond or cash deposit, the case shall | 236 |
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continue and the owner shall post a bond or cash deposit to | 237 |
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provide for the companion animal's care and keeping for not less | 238 |
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than thirty days beginning on the date on which the companion | 239 |
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animal was impounded. The owner may renew a bond or cash deposit | 240 |
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by posting, not later than ten days following the expiration of | 241 |
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the period for which a previous bond or cash deposit was posted, a | 242 |
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new bond or cash deposit in an amount that the court, in | 243 |
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consultation with the impounding agency, determines is sufficient | 244 |
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to provide for the companion animal's care and keeping for not | 245 |
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less than thirty days beginning on the date on which the previous | 246 |
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period expired. If no bond or cash deposit is posted or if a bond | 247 |
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or cash deposit expires and is not renewed, the impounding agency | 248 |
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may determine the disposition of the companion animal unless the | 249 |
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court issues an order that specifies otherwise. | 250 |
| (F) If a person is convicted of committing an offense, the | 251 |
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court may impose the following additional penalties against the | 252 |
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person: | 253 |
| (1) A requirement that the person pay for the costs incurred | 254 |
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by the impounding agency in caring for a companion animal involved | 255 |
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in the applicable offense, provided that the costs were incurred | 256 |
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during the companion animal's impoundment. A bond or cash deposit | 257 |
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posted under this section may be applied to the costs. | 258 |
| (2) An order permanently terminating the person's right to | 259 |
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possession, title, custody, or care of the companion animal that | 260 |
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was involved in the offense. If the court issues such an order, | 261 |
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the court shall order the disposition of the companion animal. | 262 |
| (G) If a person is found not guilty of committing an offense, | 263 |
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the court immediately shall order the impounding agency to return | 264 |
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the companion animal to its owner if possible and to return the | 265 |
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entire amount of any bond or cash deposit posted under division | 266 |
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(E) of this section. If the companion animal cannot be returned | 267 |
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because it has died as a result of neglect or other misconduct by | 268 |
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the impounding agency or if the companion animal is injured as a | 269 |
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result of neglect or other misconduct by the impounding agency, | 270 |
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the court shall order the impounding agency to pay the owner an | 271 |
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amount determined by the court to be equal to the reasonable | 272 |
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market value of the companion animal at the time that it was | 273 |
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impounded plus statutory interest as defined in section 1343.03 of | 274 |
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the Revised Code from the date of the impoundment or an amount | 275 |
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determined by the court to be equal to the reasonable cost of | 276 |
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treatment of the injury to the companion animal, as applicable. | 277 |
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The requirements established in this division regarding the return | 278 |
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of a bond or cash deposit and the payment of the reasonable market | 279 |
|
value of the companion animal shall not apply in the case of a dog | 280 |
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that, in violation of section 955.01 of the Revised Code, was not | 281 |
|
registered at the time it was seized and impounded. | 282 |
| (H) If charges are filed under section 959.131 of the Revised | 283 |
|
Code against the custodian or caretaker of a companion animal, but | 284 |
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the companion animal that is the subject of the charges is not | 285 |
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impounded, the court in which the charges are pending may order | 286 |
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the owner or person having custody of the companion animal to | 287 |
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provide to the companion animal the necessities described in | 288 |
division (C)(2) of section 959.131 of the Revised Code until the | 289 |
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final disposition of the charges. If the court issues an order of | 290 |
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that nature, the court also may authorize an officer or another | 291 |
|
person to visit the place where the companion animal is being | 292 |
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kept, at the times and under the conditions that the court may | 293 |
|
set, to determine whether the companion animal is receiving those | 294 |
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necessities and to remove and impound the companion animal if the | 295 |
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companion animal is not receiving those necessities. | 296 |
| Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 | 297 |
|
of the Revised Code is guilty of a minor misdemeanor. | 298 |
| (B) Except as otherwise provided in this division, whoever | 299 |
|
violates section 959.02 of the Revised Code is guilty of a | 300 |
|
misdemeanor of the second degree. If the value of the animal | 301 |
|
killed or the injury done amounts to three hundred dollars or | 302 |
|
more, whoever violates section 959.02 of the Revised Code is | 303 |
|
guilty of a misdemeanor of the first degree. | 304 |
| (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, | 305 |
|
or 959.17 of the Revised Code is guilty of a misdemeanor of the | 306 |
|
fourth degree. | 307 |
| (D) Whoever violates division (A) of section 959.13 of the | 308 |
|
Revised Code is guilty of a misdemeanor of the second degree. In | 309 |
|
addition, the court may order the offender to forfeit the animal | 310 |
|
or livestock and may provide for its disposition, including, but | 311 |
|
not limited to, the sale of the animal or livestock. If an animal | 312 |
|
or livestock is forfeited and sold pursuant to this division, the | 313 |
|
proceeds from the sale first shall be applied to pay the expenses | 314 |
|
incurred with regard to the care of the animal from the time it | 315 |
|
was taken from the custody of the former owner. The balance of the | 316 |
|
proceeds from the sale, if any, shall be paid to the former owner | 317 |
|
of the animal. | 318 |
| (E)(1) Whoever violates division (B) of section 959.131 of | 319 |
|
the Revised Code is guilty of a misdemeanor of the first degree on | 320 |
|
a first offense and a felony of the fifth degree on each | 321 |
|
subsequent offense. | 322 |
| (2) Whoever violates section 959.01 of the Revised Code or | 323 |
|
division (C) of section 959.131 of the Revised Code is guilty of a | 324 |
|
misdemeanor of the second degree on a first offense and a | 325 |
|
misdemeanor of the first degree on each subsequent offense. | 326 |
| (3) Whoever violates division (D) of section 959.131 of the | 327 |
|
Revised Code is guilty of a felony of the fifth degree. | 328 |
| (4) Whoever violates division (E) of section 959.131 of the | 329 |
|
Revised Code is guilty of a misdemeanor of the first degree. | 330 |
| (5)(a) A court may order a person who is convicted of or | 331 |
|
pleads guilty to a violation of section 959.131 of the Revised | 332 |
|
Code to forfeit to an impounding agency, as defined in section | 333 |
|
959.132 of the Revised Code, any or all of the companion animals | 334 |
|
in that person's ownership or care. The court also may prohibit or | 335 |
|
place limitations on the person's ability to own or care for any | 336 |
|
companion animals for a specified or indefinite period of time. | 337 |
| (b) A court may order a person who is convicted of or pleads | 338 |
|
guilty to a violation of section 959.131 of the Revised Code to | 339 |
|
reimburse an impounding agency for the reasonably necessary costs | 340 |
|
incurred by the agency for the care of a companion animal that the | 341 |
|
agency impounded as a result of the investigation or prosecution | 342 |
|
of the violation, provided that the costs were not otherwise paid | 343 |
|
under section 959.132 of the Revised Code. | 344 |
(4)(6) If a court has reason to believe that a person who is | 345 |
|
convicted of or pleads guilty to a violation of section 959.131 of | 346 |
|
the Revised Code suffers from a mental or emotional disorder that | 347 |
|
contributed to the violation, the court may impose as a community | 348 |
|
control sanction or as a condition of probation a requirement that | 349 |
|
the offender undergo psychological evaluation or counseling. The | 350 |
|
court shall order the offender to pay the costs of the evaluation | 351 |
|
or counseling. | 352 |
| (F) Whoever violates section 959.14 of the Revised Code is | 353 |
|
guilty of a misdemeanor of the second degree on a first offense | 354 |
|
and a misdemeanor of the first degree on each subsequent offense. | 355 |
| (G) Whoever violates section 959.05 or 959.20 of the Revised | 356 |
|
Code is guilty of a misdemeanor of the first degree. | 357 |
| (H) Whoever violates section 959.16 of the Revised Code is | 358 |
|
guilty of a felony of the fourth degree for a first offense and a | 359 |
|
felony of the third degree on each subsequent offense. | 360 |
| Sec. 1717.01. As used in sections 1717.01 to 1717.14, | 361 |
|
inclusive, of the Revised Code, and in every law relating to | 362 |
|
animals: | 363 |
| (A) "Animal" includes every living dumb creature; | 364 |
| (B) "Cruelty," "torment," and "torture" include every act, | 365 |
|
omission, or neglect by which unnecessary or unjustifiable pain or | 366 |
suffering is caused, permitted, or allowed to continue, when there | 367 |
is a reasonable remedy or reliefagainst an animal; | 368 |
| (C) "Owner" and "person" include corporations. For the | 369 |
|
purpose of this section the knowledge and acts of the agents and | 370 |
|
employees of a corporation, in regard to animals transported, | 371 |
|
owned, or employed by, or in the custody of, such agents and | 372 |
|
employees, are the knowledge and acts of the corporation. | 373 |
| Section 2. That existing sections 959.131, 959.132, 959.99, | 374 |
|
and 1717.01 of the Revised Code are hereby repealed. | 375 |
