REPRESENTATIVES Mason, Sykes, Brown

To amend sections 109.73, 959.99, 1717.06, and

1

2151.421 and to enact sections 959.131 and 959.132

2

of the Revised Code to prohibit specified acts with

3

respect to a companion animal, to establish a

4

procedure for the care of an impounded companion

5

animal during the pendency of charges against a

6

person who violates the prohibition, to require

7

training for humane agents, and to provide for the

8

reporting by county humane society agents of abuse

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or neglect of children.

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

Section 1.  That sections 109.73, 959.99, 1717.06, and	11
2151.421 be amended and sections 959.131 and 959.132 of the	12
Revised Code be enacted to read as follows:	13

Sec. 109.73.  (A) The Ohio peace officer training commission	14
shall recommend rules to the attorney general with respect to all	15
of the following:	16

(1) The approval, or revocation of approval, of peace	17
officer training schools administered by the state, counties,	18
municipal corporations, public school districts, technical college	19
districts, and the department of natural resources;	20

(2) Minimum courses of study, attendance requirements, and	21
equipment and facilities to be required at approved state, county,	22
municipal, and department of natural resources peace officer	23
training schools;	24

(3) Minimum qualifications for instructors at approved	25
state, county, municipal, and department of natural resources	26
peace officer training schools;	27

(4) The requirements of minimum basic training that peace	28
officers appointed to probationary terms shall complete before	29
being eligible for permanent appointment, which requirements shall	30
include a minimum of fifteen hours of training in the handling of	31
the offense of domestic violence, other types of domestic	32
violence-related offenses and incidents, and protection orders and	33
consent agreements issued or approved under section 2919.26 or	34
3113.31 of the Revised Code, a minimum of six hours of crisis	35
intervention training, and a specified amount of training in the	36
handling of missing children and child abuse and neglect cases,	37
and the time within which such basic training shall be completed	38
following such appointment to a probationary term;	39

(5) The requirements of minimum basic training that peace	40
officers not appointed for probationary terms but appointed on	41
other than a permanent basis shall complete in order to be	42
eligible for continued employment or permanent appointment, which	43
requirements shall include a minimum of fifteen hours of training	44
in the handling of the offense of domestic violence, other types	45
of domestic violence-related offenses and incidents, and	46
protection orders and consent agreements issued or approved under	47
section 2919.26 or 3113.31 of the Revised Code, a minimum of six	48
hours of crisis intervention training, and a specified amount of	49
training in the handling of missing children and child abuse and	50
neglect cases, and the time within which such basic training shall	51
be completed following such appointment on other than a permanent	52
basis;	53

(6) Categories or classifications of advanced in-service	54
training programs for peace officers, including programs in the	55
handling of the offense of domestic violence, other types of	56
domestic violence-related offenses and incidents, and protection	57
orders and consent agreements issued or approved under section	58
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	59
and in the handling of missing children and child abuse and	60
neglect cases, and minimum courses of study and attendance	61
requirements with respect to such categories or classifications;	62

(7) Permitting persons who are employed as members of a	63
campus police department appointed under section 1713.50 of the	64
Revised Code, who are employed as police officers by a qualified	65
nonprofit corporation police department pursuant to section	66
1702.80 of the Revised Code, or who are appointed and commissioned	67
as railroad police officers or hospital police officers pursuant	68
to sections 4973.17 to 4973.22 of the Revised Code to attend	69
approved peace officer training schools, including the Ohio peace	70
officer training academy, and to receive certificates of	71
satisfactory completion of basic training programs, if the private	72
college or university that established the campus police	73
department, qualified nonprofit corporation police department,	74
railroad company, or hospital sponsoring the police officers pays	75
the entire cost of the training and certification and if trainee	76
vacancies are available;	77

(8) Permitting undercover drug agents to attend approved	78
peace officer training schools, other than the Ohio peace officer	79
training academy, and to receive certificates of satisfactory	80
completion of basic training programs, if, for each undercover	81
drug agent, the county, township, or municipal corporation that	82
employs that undercover drug agent pays the entire cost of the	83
training and certification;	84

(9)(a) The requirements for basic training programs for	85
bailiffs and deputy bailiffs of courts of record of this state and	86
for criminal investigators employed by the state public defender	87
that those persons shall complete before they may carry a firearm	88
while on duty;	89

(b) The requirements for any training received by a bailiff	90
or deputy bailiff of a court of record of this state or by a	91
criminal investigator employed by the state public defender prior	92
to June 6, 1986, that is to be considered equivalent to the	93
training described in division (A)(9)(a) of this section.	94

(10) Establishing minimum qualifications and requirements	95
for certification for dogs utilized by law enforcement agencies;	96

(11) Establishing minimum requirements for certification of	97
persons who are employed as correction officers in a full-service	98
jail, five-day facility, or eight-hour holding facility or who	99
provide correction services in such a jail or facility;	100

(12) Establishing requirements for the training of agents of	101
a county humane society under section 1717.06 of the Revised Code,	102
including, without limitation, a requirement that the agents	103
receive instruction that is within the scope of an overall	104
curriculum for instruction on the topic of animal husbandry	105
practices that is consistent with recommendations, if any, of the	106
Ohio state university college of veterinary medicine.	107

(B) The commission shall appoint an executive director, with	108
the approval of the attorney general, who shall hold office during	109
the pleasure of the commission. The executive director shall	110
perform such duties as may be assigned by the commission. The	111
executive director shall receive a salary fixed pursuant to	112
Chapter 124. of the Revised Code and reimbursement for expenses	113
within the amounts available by appropriation. The executive	114
director may appoint officers, employees, agents, and consultants	115
as the executive director considers necessary, prescribe their	116
duties, and provide for reimbursement of their expenses within the	117
amounts available for reimbursement by appropriation and with the	118
approval of the commission.	119

(C) The commission may do all of the following:

120

(1) Recommend studies, surveys, and reports to be made by	121
the executive director regarding the carrying out of the	122
objectives and purposes of sections 109.71 to 109.77 of the	123
Revised Code;	124

(2) Visit and inspect any peace officer training school that	125
has been approved by the executive director or for which	126
application for approval has been made;	127

(3) Make recommendations, from time to time, to the	128
executive director, the attorney general, and the general assembly	129
regarding the carrying out of the purposes of sections 109.71 to	130
109.77 of the Revised Code;	131

(4) Report to the attorney general from time to time, and to	132
the governor and the general assembly at least annually,	133
concerning the activities of the commission;	134

(5) Establish fees for the services the commission offers	135
under sections 109.71 to 109.79 of the Revised Code, including,	136
but not limited to, fees for training, certification, and	137
testing.;	138

(6) Perform such other acts as are necessary or appropriate	139
to carry out the powers and duties of the commission as set forth	140
in sections 109.71 to 109.77 of the Revised Code.	141

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

142

(1) "Companion animal" means any animal that is kept inside	143
a residential dwelling and any dog or cat regardless of where it	144
is kept. "Companion animal" does not include livestock or any wild	145
animal.	146

(2) "Cruelty," "torment," and "torture" have the same	147
meanings as in section 1717.01 of the Revised Code.	148

(3) "Residential dwelling" means a structure or shelter or	149
the portion of a structure or shelter that is used by one or more	150
humans for the purpose of a habitation.	151

(4) "Practice of veterinary medicine" has the same meaning as	152
in section 4741.01 of the Revised Code.	153

(5) "Wild animal" has the same meaning as in section 1531.01	154
of the Revised Code.	155

(6) "Federal animal welfare act" means the "Laboratory	156
Animal Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7	157
U.S.C.A. 2131 et seq., as amended by the "Animal Welfare Act of	158
1970," Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal	159
Welfare Act Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417	160
(1976), and the "Food Security Act of 1985," Pub. L. No. 99-198,	161
99 Stat. 1354 (1985), and as it may be subsequently amended.	162

(B) No person shall knowingly torture, torment, needlessly	163
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	164
an act of cruelty against a companion animal.	165

(C) No person who confines or who is the custodian or	166
caretaker of a companion animal shall negligently do any of the	167
following:	168

(1) Torture, torment, needlessly mutilate or maim, cruelly	169
beat, poison, needlessly kill, or commit an act of cruelty against	170
the companion animal;	171

(2) Deprive the companion animal of necessary sustenance,	172
confine the companion animal without supplying it during the	173
confinement with sufficient quantities of good, wholesome food and	174
water, or impound or confine the companion animal without	175
affording it, during the impoundment or confinement, with access	176
to shelter from heat, cold, wind, rain, snow, or excessive direct	177
sunlight, if it can reasonably be expected that the companion	178
animal would become sick or suffer in any other way as a result of	179
or due to the deprivation, confinement, or impoundment or	180
confinement in any of those specified manners.	181

(D) Divisions (B) and (C) of this section do not apply to	182
any of the following:	183

(1) A companion animal used in scientific research conducted	184
by an institution in accordance with the federal animal welfare	185
act and related regulations;	186

(2) The lawful practice of veterinary medicine by a person	187
who has been issued a license, temporary permit, or registration	188
certificate to do so under Chapter 4741. of the Revised Code;	189

(3) Dogs being used or intended for use for hunting or field	190
trial purposes, provided that the dogs are being treated in	191
accordance with usual and commonly accepted practices for the care	192
of hunting dogs;	193

(4) The use of common training devices, if the companion	194
animal is being treated in accordance with usual and commonly	195
accepted practices for the training of animals;	196

(5) The administering of medicine to a companion animal that	197
was properly prescribed by a person who has been issued a license,	198
temporary permit, or registration certificate under Chapter 4741.	199
of the Revised Code.	200

(E) Notwithstanding any section of the Revised Code that	201
otherwise provides for the distribution of fine moneys, the clerk	202
of court shall forward all fines the clerk collects that are so	203
imposed for any violation of this section to the treasurer of the	204
political subdivision or the state, whose county humane society or	205
law enforcement agency is to be paid the fine money as determined	206
under this division. The treasurer to whom the fines are forwarded	207
shall pay the fine moneys to the county humane society or the	208
county, township, municipal corporation, or state law enforcement	209
agency in this state that primarily was responsible for or	210
involved in the investigation and prosecution of the violation. If	211
a county humane society receives any fine moneys under this	212
division, the county humane society shall use the fine moneys to	213
provide the training that is required for humane agents under	214
section 1717.06 of the Revised Code.	215

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

216

(1) "Agent of a county humane society" means a person	217
appointed by a county humane society pursuant to section 1717.06	218
of the Revised Code.	219

(2) "Companion animal" has the same meaning as in section	220
959.131 of the Revised Code.	221

(3) "Impounding agency" means the county humane society,	222
animal shelter, or law enforcement agency that, in accordance with	223
division (B) or (C) of this section, either has impounded a	224
companion animal or has made regular visits to the place where a	225
companion animal is kept to determine whether it is provided with	226
necessities.	227

(4) "Officer" means any law enforcement officer, agent of a	228
county humane society, dog warden, assistant dog warden, or other	229
person appointed to act as an animal control officer for a county,	230
municipal corporation, or township in accordance with state law,	231
an ordinance, or a resolution.	232

(B) Except as otherwise provided in this division, an	233
officer may impound a companion animal if the officer has probable	234
cause to believe that it or other companion animals that are kept	235
by the same person on the premises are the subject of a violation	236
of section 959.131 of the Revised Code and if the officer has	237
lawful access to the companion animal at the time of the	238
impoundment. The officer shall give written notice of the	239
impoundment by posting the notice on the door of the residence on	240
the premises at which the companion animal was impounded, by	241
giving it in person to the owner, custodian, or caretaker of the	242
companion animal, or by otherwise posting the notice in a	243
conspicuous place on the premises where the companion animal was	244
seized. No officer or impounding agency shall impound a companion	245
animal that is the subject of a violation of section 959.131 of	246
the Revised Code in a shelter owned, operated, or controlled by a	247
board of county commissioners pursuant to Chapter 955. of the	248
Revised Code unless the board, by resolution, authorizes the	249
impoundment of companion animals in a shelter owned, operated, or	250
controlled by that board and has executed, in the case when the	251
officer is other than a dog warden or assistant dog warden, a	252
contract specifying the terms and conditions of the impoundment.	253

(C) If charges are filed under section 959.131 of the	254
Revised Code against the custodian or caretaker of a companion	255
animal, but the companion animal that is the subject of the	256
charges is not impounded, the court in which the charges are	257
pending may order the owner or person having custody of the	258
companion animal to provide to the companion animal the	259
necessities described in divisions (C)(2) to (6) of section	260
959.131 of the Revised Code until the final disposition of the	261
charges. If the court issues an order of that nature, the court	262
also may authorize an officer or another person to visit the place	263
where the companion animal is being kept, at the times and under	264
the conditions that the court may set, to determine whether the	265
companion animal is receiving those necessities and to remove and	266
impound the companion animal if the companion animal is not	267
receiving those necessities.	268

(D) An owner, custodian, or caretaker of one or more	269
companion animals that have been impounded under this section may	270
file a written request for a hearing with the clerk of the court	271
in which charges are pending that were filed under section 959.131	272
of the Revised Code and that involve the impounded companion	273
animals. If a hearing is requested, the court shall conduct a	274
hearing not later than twenty-one days following receipt of the	275
request. At the hearing, the impounding agency has the burden of	276
proving by a preponderance of the evidence that probable cause	277
exists to find that the defendant is guilty of a violation of	278
section 959.131 of the Revised Code, unless probable cause has	279
previously been established in a judicial proceeding, in which	280
case the court shall take notice that probable cause exists and	281
shall not require further proof of probable cause. A hearing that	282
is conducted under division (D) of this section shall be combined	283
whenever possible with any hearing involving the same pending	284
charges that is authorized and conducted under division (E) of	285
this section.	286

If the court finds at the conclusion of the hearing that	287
probable cause does not exist for finding that the defendant	288
committed a violation and that the defendant otherwise has a right	289
to possession of the impounded companion animals, the court shall	290
order the animals to be returned to the defendant.	291

If the court finds at the conclusion of the hearing that	292
probable cause exists for finding the defendant guilty of a	293
violation with respect to one or more of the impounded companion	294
animals, the court shall do one of the following with respect to	295
each impounded companion animal:	296

(1) Allow the impounding agency to retain custody of the	297
companion animal pending resolution of the underlying charges;	298

(2) Order the companion animal to be returned to the	299
defendant under any conditions and restrictions that the court	300
determines are appropriate to ensure that the companion animal	301
receives humane and adequate care and treatment.	302

(E)(1) At any time that one or more charges are pending	303
under section 959.131 of the Revised Code, an impounding agency	304
may file a motion in the court in which the charges are pending	305
requesting that the defendant post a deposit to cover the costs of	306
caring, during the pendency of the charges, for any impounded	307
companion animals seized or removed from the defendant's custody	308
if the reasonably necessary projected costs of the care that will	309
be provided prior to the final resolution of the charges are	310
estimated to be in excess of one thousand five hundred dollars.	311
The motion shall be accompanied by an affidavit that sets forth an	312
estimate of the reasonably necessary costs that the impounding	313
agency expects to incur in providing that care, which may include,	314
but are not limited to, the necessary cost of veterinary care,	315
medications, food, water, and board for the companion animals	316
during the pendency of the charges.	317

(2) Within ten days after the date on which a motion is	318
filed under division (E)(1) of this section, the court shall	319
conduct a hearing. Except as otherwise provided in division	320
(E)(5) of this section, at the hearing, the impounding agency has	321
the burden of proving by a preponderance of the evidence that	322
there is probable cause to find that the defendant is guilty of a	323
violation of section 959.131 of the Revised Code, unless probable	324
cause has previously been established in a judicial proceeding, in	325
which case the court shall take notice that probable cause exists	326
and shall not require further proof of probable cause, and that	327
the reasonably necessary cumulative costs of caring during the	328
pendency of the charges for the companion animals seized or	329
removed from the defendant's custody or control are reasonably	330
projected to exceed one thousand five hundred dollars.	331

(3) If the court finds at the conclusion of the hearing that	332
probable cause does not exist for finding that the defendant	333
committed a violation of section 959.131 of the Revised Code and	334
that the defendant otherwise has a right to possession of the	335
companion animals, the court shall order the animals to be	336
returned to the defendant. If the court finds at the conclusion	337
of the hearing that probable cause exists for finding that the	338
defendant committed a violation of that section, but that the	339
reasonably necessary costs for caring during the pendency of the	340
charges for the companion animals seized or removed from the	341
defendant's custody or control are reasonably projected to be one	342
thousand five hundred dollars or less, the court shall deny the	343
petitioner's motion to require the defendant to pay a deposit.	344

If the court finds at the conclusion of the hearing that	345
probable cause exists for finding the defendant guilty of the	346
violation with respect to one or more of the impounded companion	347
animals and for determining that the reasonably necessary	348
projected costs of caring for the companion animals exceed one	349
thousand five hundred dollars during the pendency of the charges,	350
the court shall do one of the following:	351

(a) Order the defendant to post a deposit with the clerk of	352
the court in a form and in an amount that the court determines is	353
sufficient to cover the cost of care of the companion animals	354
from the date of impoundment until the date of the disposition of	355
the charges;	356

(b) Order one or more of the companion animals to be	357
returned to the defendant under any conditions and restrictions	358
that the court determines to be appropriate to ensure that the	359
companion animals receive humane and adequate care and treatment;	360

(c) Deny the motion of the impounding agency requesting	361
the defendant to post a deposit, but permit the impounding agency	362
to retain custody of one or more of the companion animals pending	363
resolution of the underlying charges.	364

(4) The court may order the defendant to forfeit the right	365
of possession and ownership in one or more of the companion	366
animals to the impounding agency if the defendant fails to comply	367
with the conditions set forth in an order of the court that is	368
rendered under division (E)(3) of this section. If the order that	369
was not complied with required the defendant to post a deposit,	370
forfeiture of the companion animals relieves the defendant of any	371
further obligation to post the deposit.	372

(5)(a) A hearing that is conducted under division (D) of this	373
section shall be combined whenever possible with any hearing	374
involving the same pending charges that is authorized and	375
conducted under division (E) of this section. However, division	376
(E)(5)(b) of this section applies when both of the hearings are	377
conducted and combining them is not possible.	378

(b) At a hearing conducted under division (E) of this	379
section, an impounding agency shall not be required to prove that	380
there is probable cause to find that the defendant is guilty of a	381
violation of section 959.131 of the Revised Code if the court	382
already has made a finding concerning probable cause at a separate	383
hearing conducted under division (D) of this section. In such an	384
event, the probable cause finding made at the hearing conducted	385
under division (D) of this section shall be used for purposes of	386
the hearing conducted under division (E) of this section.	387

(F)(1) If the defendant is found guilty of violating	388
section 959.131 of the Revised Code or any other offense relating	389
to the care or treatment of a companion animal and the defendant	390
posted a deposit pursuant to division (E) of this section, the	391
court shall determine the amount of the reasonably necessary	392
costs that the impounding agency incurred in caring for the	393
companion animal during the pendency of the charges. The court	394
shall order the clerk of the court to pay that amount of the	395
deposit to the impounding agency and to dispose of any amount of	396
the deposit that exceeds that amount in the following order:	397

(a) Pay any fine imposed on the defendant relative to the	398
violation;	399

(b) Pay any costs ordered against the defendant relative to	400
the violation;	401

(c) Return any remaining amount to the defendant.

402

(2) If the defendant is found not guilty of violating	403
section 959.131 of the Revised Code or any other offense relating	404
to the care or treatment of a companion animal, the court shall	405
order the clerk of court to return the entire amount of the	406
deposit to the defendant, and the impounding agency shall return	407
the companion animal to the defendant. If the companion animal	408
cannot be returned, the court shall order the impounding agency to	409
pay to the defendant an amount determined by the court to be equal	410
to the reasonable market value of the companion animal at the time	411
that it was impounded plus statutory interest as defined in	412
section 1343.03 of the Revised Code from the date of the	413
impoundment. In determining the reasonable market value of the	414
companion animal, the court may consider the condition of the	415
companion animal at the time that the companion animal was	416
impounded and any change in the condition of the companion animal	417
after it was impounded.	418

(G) An impounding agency that impounds a companion animal	419
under this section shall pay a person who provides veterinary care	420
to the companion animal during the impoundment for the cost of the	421
veterinary care regardless of whether the impounding agency is	422
reimbursed for the payment under this section or section 959.99 of	423
the Revised Code.	424

Sec. 959.99.  (A) Whoever violates section 959.01, 959.18,	425
or 959.19 of the Revised Code is guilty of a minor misdemeanor.	426

(B) Except as otherwise provided in this division, whoever	427
violates section 959.02 of the Revised Code is guilty of a	428
misdemeanor of the second degree. If the value of the animal	429
killed or the injury done amounts to three hundred dollars or	430
more, whoever violates section 959.02 of the Revised Code is	431
guilty of a misdemeanor of the first degree.	432

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	433
or 959.17 of the Revised Code is guilty of a misdemeanor of the	434
fourth degree.	435

(D) Whoever violates division (A) of section 959.13 of the	436
Revised Code is guilty of a misdemeanor of the second degree. In	437
addition, the court may order the offender to forfeit the animal	438
or livestock and may provide for its disposition, including, but	439
not limited to, the sale of the animal or livestock. If an animal	440
or livestock is forfeited and sold pursuant to this division, the	441
proceeds from the sale first shall be applied to pay the expenses	442
incurred with regard to the care of the animal from the time it	443
was taken from the custody of the former owner. The balance of the	444
proceeds from the sale, if any, shall be paid to the former owner	445
of the animal.	446

(E)(1) Whoever violates division (B) of section 959.131 of	447
the Revised Code is guilty of a misdemeanor of the first degree on	448
a first offense and a felony of the fifth degree on each	449
subsequent offense.	450

(2) Whoever violates section 959.01 of the Revised Code or	451
division (C) of section 959.131 of the Revised Code is guilty of a	452
misdemeanor of the second degree on a first offense and a	453
misdemeanor of the first degree on each subsequent offense.	454

(3)(a) A court may order a person who is convicted of or	455
pleads guilty to a violation of section 959.131 of the Revised	456
Code to forfeit to an impounding agency, as defined in section	457
959.132 of the Revised Code, any or all of the companion animals	458
in that person's ownership or care. The court also may prohibit	459
or place limitations on the person's ability to own or care for	460
any companion animals for a specified or indefinite period of	461
time.	462

(b) A court may order a person who is convicted of or	463
pleads guilty to a violation of section 959.131 of the Revised	464
Code to reimburse an impounding agency for the reasonably	465
necessary costs incurred by the agency for the care of a companion	466
animal that the agency impounded as a result of the investigation	467
or prosecution of the violation, provided that the costs were not	468
otherwise paid under section 959.132 of the Revised Code.	469

(4) If a court has reason to believe that a person who is	470
convicted of or pleads guilty to a violation of section 959.131 of	471
the Revised Code suffers from a mental or emotional disorder that	472
contributed to the violation, the court may impose as a community	473
control sanction or as a condition of probation a requirement that	474
the offender undergo psychological evaluation or counseling. The	475
court shall order the offender to pay the costs of the evaluation	476
or counseling.	477

(F) Whoever violates section 959.14 of the Revised Code is	478
guilty of a misdemeanor of the second degree on a first offense	479
and a misdemeanor of the first degree on each subsequent offense.	480

(F)(G) Whoever violates section 959.05 or 959.20 of the	481
Revised Code is guilty of a misdemeanor of the first degree.	482

(G)(H) Whoever violates section 959.16 of the Revised Code	483
is guilty of a felony of the fourth degree for a first offense and	484
a felony of the third degree on each subsequent offense.	485

Sec. 1717.06.  A county humane society organized under	486
section 1717.05 of the Revised Code may appoint agents, who are	487
residents of the county or municipal corporation for which the	488
appointment is made, for the purpose of prosecuting any person	489
guilty of an act of cruelty to persons or animals. Such agents	490
may arrest any person found violating sections 1717.01 to 1717.14,	491
inclusive, of the Revised Code,this chapter or any other law for	492
protecting persons or animals or preventing acts of cruelty	493
thereto. Upon making suchan arrest the agent forthwith shall	494
convey the person arrested before some court or magistrate having	495
jurisdiction of the offense, and there make complaint against him	496
the person on oath or affirmation of the offense.	497

All appointments of agents under this section shall be	498
approved by the mayor of the municipal corporation for which they	499
are made. If the society exists outside a municipal corporation,	500
such appointments shall be approved by the probate judge of the	501
county for which they are made. SuchThe mayor or probate judge	502
shall keep a record of such appointments.	503

In order to qualify for appointment as a humane agent under	504
this section, a person first shall successfully complete a	505
minimum of twenty hours of training on issues relating to the	506
investigation and prosecution of cruelty to and neglect of	507
animals. The training shall comply with rules recommended by the	508
peace officer training commission under section 109.73 of the	509
Revised Code and shall include, without limitation, instruction	510
regarding animal husbandry practices as described in division	511
(A)(12) of that section. A person who has been appointed as a	512
humane agent under this section prior to the effective date of	513
this amendment may continue to act as a humane agent for a period	514
of time on and after the effective date of this amendment without	515
completing the training. However, on or before December 31, 2004,	516
a person who has been appointed as a humane agent under this	517
section prior to the effective date of this amendment shall	518
successfully complete the training described in this paragraph	519
and submit proof of its successful completion to the appropriate	520
appointing mayor or probate judge in order to continue to act as a	521
humane agent after December 31, 2004.	522

An agent of a county humane society only has the specific	523
authority granted to the agent under this section and section	524
1717.08 of the Revised Code.	525

Sec. 2151.421.  (A)(1)(a) No person described in division	526
(A)(1)(b) of this section who is acting in an official or	527
professional capacity and knows or suspects that a child under	528
eighteen years of age or a mentally retarded, developmentally	529
disabled, or physically impaired child under twenty-one years of	530
age has suffered or faces a threat of suffering any physical or	531
mental wound, injury, disability, or condition of a nature that	532
reasonably indicates abuse or neglect of the child, shall fail to	533
immediately report that knowledge or suspicion to the public	534
children services agency or a municipal or county peace officer in	535
the county in which the child resides or in which the abuse or	536
neglect is occurring or has occurred.	537

(b) Division (A)(1)(a) of this section applies to any person	538
who is an attorney; physician, including a hospital intern or	539
resident; dentist; podiatrist; practitioner of a limited branch of	540
medicine as specified in section 4731.15 of the Revised Code;	541
registered nurse; licensed practical nurse; visiting nurse; other	542
health care professional; licensed psychologist; licensed school	543
psychologist; speech pathologist or audiologist; coroner;	544
administrator or employee of a child day-care center;	545
administrator or employee of a residential camp or child day camp;	546
administrator or employee of a certified child care agency or	547
other public or private children services agency; school teacher;	548
school employee; school authority; person engaged in social work	549
or the practice of professional counseling; agent of a county	550
humane society; or a person rendering spiritual treatment through	551
prayer in accordance with the tenets of a well-recognized	552
religion.	553

(2) An attorney or a physician is not required to make a	554
report pursuant to division (A)(1) of this section concerning any	555
communication the attorney or physician receives from a client or	556
patient in an attorney-client or physician-patient relationship,	557
if, in accordance with division (A) or (B) of section 2317.02 of	558
the Revised Code, the attorney or physician could not testify with	559
respect to that communication in a civil or criminal proceeding,	560
except that the client or patient is deemed to have waived any	561
testimonial privilege under division (A) or (B) of section 2317.02	562
of the Revised Code with respect to that communication and the	563
attorney or physician shall make a report pursuant to division	564
(A)(1) of this section with respect to that communication, if all	565
of the following apply:	566

(a) The client or patient, at the time of the communication,	567
is either a child under eighteen years of age or a mentally	568
retarded, developmentally disabled, or physically impaired person	569
under twenty-one years of age.	570

(b) The attorney or physician knows or suspects, as a result	571
of the communication or any observations made during that	572
communication, that the client or patient has suffered or faces a	573
threat of suffering any physical or mental wound, injury,	574
disability, or condition of a nature that reasonably indicates	575
abuse or neglect of the client or patient.	576

(c) The attorney-client or physician-patient relationship	577
does not arise out of the client's or patient's attempt to have an	578
abortion without the notification of her parents, guardian, or	579
custodian in accordance with section 2151.85 of the Revised Code.	580

(B) Anyone, who knows or suspects that a child under	581
eighteen years of age or a mentally retarded, developmentally	582
disabled, or physically impaired person under twenty-one years of	583
age has suffered or faces a threat of suffering any physical or	584
mental wound, injury, disability, or other condition of a nature	585
that reasonably indicates abuse or neglect of the child, may	586
report or cause reports to be made of that knowledge or suspicion	587
to the public children services agency or to a municipal or county	588
peace officer.	589

(C) Any report made pursuant to division (A) or (B) of this	590
section shall be made forthwith either by telephone or in person	591
and shall be followed by a written report, if requested by the	592
receiving agency or officer. The written report shall contain:	593

(1) The names and addresses of the child and the child's	594
parents or the person or persons having custody of the child, if	595
known;	596

(2) The child's age and the nature and extent of the child's	597
known or suspected injuries, abuse, or neglect or of the known or	598
suspected threat of injury, abuse, or neglect, including any	599
evidence of previous injuries, abuse, or neglect;	600

(3) Any other information that might be helpful in	601
establishing the cause of the known or suspected injury, abuse, or	602
neglect or of the known or suspected threat of injury, abuse, or	603
neglect.	604

Any person, who is required by division (A) of this section	605
to report known or suspected child abuse or child neglect, may	606
take or cause to be taken color photographs of areas of trauma	607
visible on a child and, if medically indicated, cause to be	608
performed radiological examinations of the child.	609

(D)(1) Upon the receipt of a report concerning the possible	610
abuse or neglect of a child or the possible threat of abuse or	611
neglect of a child, the municipal or county peace officer who	612
receives the report shall refer the report to the appropriate	613
public children services agency.	614

(2) On receipt of a report pursuant to this division or	615
division (A) or (B) of this section, the public children services	616
agency shall comply with section 2151.422 of the Revised Code.	617

(E) No township, municipal, or county peace officer shall	618
remove a child about whom a report is made pursuant to this	619
section from the child's parents, stepparents, or guardian or any	620
other persons having custody of the child without consultation	621
with the public children services agency, unless, in the judgment	622
of the officer, and, if the report was made by physician, the	623
physician, immediate removal is considered essential to protect	624
the child from further abuse or neglect. The agency that must be	625
consulted shall be the agency conducting the investigation of the	626
report as determined pursuant to section 2151.422 of the Revised	627
Code.	628

(F)(1) Except as provided in section 2151.422 of the Revised	629
Code, the public children services agency shall investigate,	630
within twenty-four hours, each report of known or suspected child	631
abuse or child neglect and of a known or suspected threat of child	632
abuse or child neglect that is referred to it under this section	633
to determine the circumstances surrounding the injuries, abuse, or	634
neglect or the threat of injury, abuse, or neglect, the cause of	635
the injuries, abuse, neglect, or threat, and the person or persons	636
responsible. The investigation shall be made in cooperation with	637
the law enforcement agency and in accordance with the memorandum	638
of understanding prepared under division (J) of this section. A	639
failure to make the investigation in accordance with the	640
memorandum is not grounds for, and shall not result in, the	641
dismissal of any charges or complaint arising from the report or	642
the suppression of any evidence obtained as a result of the report	643
and does not give, and shall not be construed as giving, any	644
rights or any grounds for appeal or post-conviction relief to any	645
person. The public children services agency shall report each	646
case to a central registry which the department of job and family	647
services shall maintain in order to determine whether prior	648
reports have been made in other counties concerning the child or	649
other principals in the case. The public children services agency	650
shall submit a report of its investigation, in writing, to the law	651
enforcement agency.	652

(2) The public children services agency shall make any	653
recommendations to the county prosecuting attorney or city	654
director of law that it considers necessary to protect any	655
children that are brought to its attention.	656

(G)(1)(a) Except as provided in division (H)(3) of this	657
section, anyone or any hospital, institution, school, health	658
department, or agency participating in the making of reports under	659
division (A) of this section, anyone or any hospital, institution,	660
school, health department, or agency participating in good faith	661
in the making of reports under division (B) of this section, and	662
anyone participating in good faith in a judicial proceeding	663
resulting from the reports, shall be immune from any civil or	664
criminal liability for injury, death, or loss to person or	665
property that otherwise might be incurred or imposed as a result	666
of the making of the reports or the participation in the judicial	667
proceeding.	668

(b) Notwithstanding section 4731.22 of the Revised Code, the	669
physician-patient privilege shall not be a ground for excluding	670
evidence regarding a child's injuries, abuse, or neglect, or the	671
cause of the injuries, abuse, or neglect in any judicial	672
proceeding resulting from a report submitted pursuant to this	673
section.	674

(2) In any civil or criminal action or proceeding in which	675
it is alleged and proved that participation in the making of a	676
report under this section was not in good faith or participation	677
in a judicial proceeding resulting from a report made under this	678
section was not in good faith, the court shall award the	679
prevailing party reasonable attorney's fees and costs and, if a	680
civil action or proceeding is voluntarily dismissed, may award	681
reasonable attorney's fees and costs to the party against whom the	682
civil action or proceeding is brought.	683

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	684
of this section, a report made under this section is confidential.	685
The information provided in a report made pursuant to this section	686
and the name of the person who made the report shall not be	687
released for use, and shall not be used, as evidence in any civil	688
action or proceeding brought against the person who made the	689
report. In a criminal proceeding, the report is admissible in	690
evidence in accordance with the Rules of Evidence and is subject	691
to discovery in accordance with the Rules of Criminal Procedure.	692

(2) No person shall permit or encourage the unauthorized	693
dissemination of the contents of any report made under this	694
section.	695

(3) A person who knowingly makes or causes another person to	696
make a false report under division (B) of this section that	697
alleges that any person has committed an act or omission that	698
resulted in a child being an abused child or a neglected child is	699
guilty of a violation of section 2921.14 of the Revised Code.	700

(4) If a report is made pursuant to division (A) or (B) of	701
this section and the child who is the subject of the report dies	702
for any reason at any time after the report is made, but before	703
the child attains eighteen years of age, the public children	704
services agency or municipal or county peace officer to which the	705
report was made or referred, on the request of the child fatality	706
review board, shall submit a summary sheet of information	707
providing a summary of the report to the review board of the	708
county in which the deceased child resided at the time of death.	709
On the request of the review board, the agency or peace officer	710
may, at its discretion, make the report available to the review	711
board.	712

(5) A public children services agency shall advise a person	713
alleged to have inflicted abuse or neglect on a child who is the	714
subject of a report made pursuant to this section in writing of	715
the disposition of the investigation. The agency shall not	716
provide to the person any information that identifies the person	717
who made the report, statements of witnesses, or police or other	718
investigative reports.	719

(I) Any report that is required by this section shall result	720
in protective services and emergency supportive services being	721
made available by the public children services agency on behalf of	722
the children about whom the report is made, in an effort to	723
prevent further neglect or abuse, to enhance their welfare, and,	724
whenever possible, to preserve the family unit intact. The agency	725
required to provide the services shall be the agency conducting	726
the investigation of the report pursuant to section 2151.422 of	727
the Revised Code.	728

(J)(1) Each public children services agency shall prepare a	729
memorandum of understanding that is signed by all of the	730
following:	731

(a) If there is only one juvenile judge in the county, the	732
juvenile judge of the county or the juvenile judge's	733
representative;	734

(b) If there is more than one juvenile judge in the county,	735
a juvenile judge or the juvenile judges' representative selected	736
by the juvenile judges or, if they are unable to do so for any	737
reason, the juvenile judge who is senior in point of service or	738
the senior juvenile judge's representative;	739

(c) The county peace officer;

740

(d) All chief municipal peace officers within the county;

741

(e) Other law enforcement officers handling child abuse and	742
neglect cases in the county;	743

(f) The prosecuting attorney of the county;

744

(g) If the public children services agency is not the county	745
department of job and family services, the county department of	746
job and family services;	747

(h) The county humane society.

748

(2) A memorandum of understanding shall set forth the normal	749
operating procedure to be employed by all concerned officials in	750
the execution of their respective responsibilities under this	751
section and division (C) of section 2919.21, division (B)(1) of	752
section 2919.22, division (B) of section 2919.23, and section	753
2919.24 of the Revised Code and shall have as two of its primary	754
goals the elimination of all unnecessary interviews of children	755
who are the subject of reports made pursuant to division (A) or	756
(B) of this section and, when feasible, providing for only one	757
interview of a child who is the subject of any report made	758
pursuant to division (A) or (B) of this section. A failure to	759
follow the procedure set forth in the memorandum by the concerned	760
officials is not grounds for, and shall not result in, the	761
dismissal of any charges or complaint arising from any reported	762
case of abuse or neglect or the suppression of any evidence	763
obtained as a result of any reported child abuse or child neglect	764
and does not give, and shall not be construed as giving, any	765
rights or any grounds for appeal or post-conviction relief to any	766
person.	767

(3) A memorandum of understanding shall include all of the	768
following:	769

(a) The roles and responsibilities for handling emergency	770
and nonemergency cases of abuse and neglect;	771

(b) Standards and procedures to be used in handling and	772
coordinating investigations of reported cases of child abuse and	773
reported cases of child neglect, methods to be used in	774
interviewing the child who is the subject of the report and who	775
allegedly was abused or neglected, and standards and procedures	776
addressing the categories of persons who may interview the child	777
who is the subject of the report and who allegedly was abused or	778
neglected.	779

(K)(1) Except as provided in division (K)(4) of this	780
section, a person who is required to make a report pursuant to	781
division (A) of this section may make a reasonable number of	782
requests of the public children services agency that receives or	783
is referred the report to be provided with the following	784
information:	785

(a) Whether the agency has initiated an investigation of the	786
report;	787

(b) Whether the agency is continuing to investigate the	788
report;	789

(c) Whether the agency is otherwise involved with the child	790
who is the subject of the report;	791

(d) The general status of the health and safety of the child	792
who is the subject of the report;	793

(e) Whether the report has resulted in the filing of a	794
complaint in juvenile court or of criminal charges in another	795
court.	796

(2) A person may request the information specified in	797
division (K)(1) of this section only if, at the time the report is	798
made, the person's name, address, and telephone number are	799
provided to the person who receives the report.	800

When a municipal or county peace officer or employee of a	801
public children services agency receives a report pursuant to	802
division (A) or (B) of this section the recipient of the report	803
shall inform the person of the right to request the information	804
described in division (K)(1) of this section. The recipient of	805
the report shall include in the initial child abuse or child	806
neglect report that the person making the report was so informed	807
and, if provided at the time of the making of the report, shall	808
include the person's name, address, and telephone number in the	809
report.	810

Each request is subject to verification of the identity of	811
the person making the report. If that person's identity is	812
verified, the agency shall provide the person with the information	813
described in division (K)(1) of this section a reasonable number	814
of times, except that the agency shall not disclose any	815
confidential information regarding the child who is the subject of	816
the report other than the information described in those	817
divisions.	818

(3) A request made pursuant to division (K)(1) of this	819
section is not a substitute for any report required to be made	820
pursuant to division (A) of this section.	821

(4) If an agency other than the agency that received or was	822
referred the report is conducting the investigation of the report	823
pursuant to section 2151.422 of the Revised Code, the agency	824
conducting the investigation shall comply with the requirements of	825
division (K) of this section.	826

(L) The director of job and family services shall adopt	827
rules in accordance with Chapter 119. of the Revised Code to	828
implement this section. The department of job and family services	829
may enter into a plan of cooperation with any other governmental	830
entity to aid in ensuring that children are protected from abuse	831
and neglect. The department shall make recommendations to the	832
attorney general that the department determines are necessary to	833
protect children from child abuse and child neglect.	834

(M) No later than the end of the day following the day on	835
which a public children services agency receives a report of	836
alleged child abuse or child neglect, or a report of an alleged	837
threat of child abuse or child neglect, that allegedly occurred in	838
or involved an out-of-home care entity, the agency shall provide	839
written notice of the allegations contained in and the person	840
named as the alleged perpetrator in the report to the	841
administrator, director, or other chief administrative officer of	842
the out-of-home care entity that is the subject of the report	843
unless the administrator, director, or other chief administrative	844
officer is named as an alleged perpetrator in the report. If the	845
administrator, director, or other chief administrative officer of	846
an out-of-home care entity is named as an alleged perpetrator in a	847
report of alleged child abuse or child neglect, or a report of an	848
alleged threat of child abuse or child neglect, that allegedly	849
occurred in or involved the out-of-home care entity, the agency	850
shall provide the written notice to the owner or governing board	851
of the out-of-home care entity that is the subject of the report.	852
The agency shall not provide witness statements or police or other	853
investigative reports.	854

(N) No later than three days after the day on which a public	855
children services agency that conducted the investigation as	856
determined pursuant to section 2151.422 of the Revised Code makes	857
a disposition of an investigation involving a report of alleged	858
child abuse or child neglect, or a report of an alleged threat of	859
child abuse or child neglect, that allegedly occurred in or	860
involved an out-of-home care entity, the agency shall send written	861
notice of the disposition of the investigation to the	862
administrator, director, or other chief administrative officer and	863
the owner or governing board of the out-of-home care entity. The	864
agency shall not provide witness statements or police or other	865
investigative reports.	866

Section 2.  That existing sections 109.73, 959.99, 1717.06,	867
and 2151.421 of the Revised Code are hereby repealed.	868