As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 108


Representatives Gerberry, Hagan 


A BILL
To amend sections 959.131 and 959.99 of the Revised 1
Code to specifically prohibit an owner of a kennel 2
of dogs from committing cruel treatment of a 3
companion animal and to give a prosecutor who 4
prosecutes an owner of a kennel of dogs who 5
commits cruel treatment of a companion animal 6
discretion in prosecuting the owner for the 7
offense.8


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

       Section 1. That sections 959.131 and 959.99 of the Revised 9
Code be amended to read as follows:10

       Sec. 959.131. (A) As used in this section:11

       (1) "Companion animal" means any animal that is kept inside a 12
residential dwelling and any dog or cat regardless of where it is 13
kept. "Companion animal" does not include livestock or any wild 14
animal.15

       (2) "Cruelty," "torment," and "torture" have the same 16
meanings as in section 1717.01 of the Revised Code.17

       (3) "Residential dwelling" means a structure or shelter or 18
the portion of a structure or shelter that is used by one or more 19
humans for the purpose of a habitation.20

       (4) "Practice of veterinary medicine" has the same meaning as 21
in section 4741.01 of the Revised Code.22

       (5) "Wild animal" has the same meaning as in section 1531.01 23
of the Revised Code.24

       (6) "Federal animal welfare act" means the "Laboratory Animal 25
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. 26
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. 27
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act 28
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and 29
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 30
(1985), and as it may be subsequently amended.31

       (7) "Prosecutor" has the same meaning as in section 2935.01 32
of the Revised Code.33

       (B) No person shall knowingly torture, torment, needlessly 34
mutilate or maim, cruelly beat, poison, needlessly kill, or commit 35
an act of cruelty against a companion animal.36

       (C) No person who confines or who is the custodian or 37
caretaker of a companion animal shall negligently do any of the 38
following:39

       (1) Torture, torment, needlessly mutilate or maim, cruelly 40
beat, poison, needlessly kill, or commit an act of cruelty against 41
the companion animal;42

       (2) Deprive the companion animal of necessary sustenance, 43
confine the companion animal without supplying it during the 44
confinement with sufficient quantities of good, wholesome food and 45
water, or impound or confine the companion animal without 46
affording it, during the impoundment or confinement, with access 47
to shelter from heat, cold, wind, rain, snow, or excessive direct 48
sunlight, if it can reasonably be expected that the companion 49
animal would become sick or suffer in any other way as a result of 50
or due to the deprivation, confinement, or impoundment or 51
confinement in any of those specified manners.52

       (D) No owner of a kennel of dogs that is registered under 53
section 955.04 of the Revised Code who confines or is the 54
custodian or caretaker of a companion animal shall negligently do 55
any of the following:56

       (1) Torture, torment, needlessly mutilate or maim, cruelly 57
beat, poison, needlessly kill, or commit an act of cruelty against 58
the companion animal;59

       (2) Deprive the companion animal of necessary sustenance, 60
confine the companion animal without supplying it during the 61
confinement with sufficient quantities of good, wholesome food and 62
water, or impound or confine the companion animal without 63
affording it, during the impoundment or confinement, with access 64
to shelter from heat, cold, wind, rain, snow, or excessive direct 65
sunlight, if it can reasonably be expected that the companion 66
animal would become sick or suffer in any other way as a result of 67
or due to the deprivation, confinement, or impoundment or 68
confinement in any of those specified manners.69

       (E) If the owner of a kennel of dogs that is registered under 70
section 955.04 of the Revised Code violates divisions (C) and (D) 71
of this section, the prosecutor in the case, in the prosecutor's 72
discretion, may prosecute the owner of a kennel of dogs for a 73
violation of either division (C) or (D) of this section.74

       (F) Divisions (B) and, (C), and (D) of this section do not 75
apply to any of the following:76

       (1) A companion animal used in scientific research conducted 77
by an institution in accordance with the federal animal welfare 78
act and related regulations;79

       (2) The lawful practice of veterinary medicine by a person 80
who has been issued a license, temporary permit, or registration 81
certificate to do so under Chapter 4741. of the Revised Code;82

       (3) Dogs being used or intended for use for hunting or field 83
trial purposes, provided that the dogs are being treated in 84
accordance with usual and commonly accepted practices for the care 85
of hunting dogs;86

       (4) The use of common training devices, if the companion 87
animal is being treated in accordance with usual and commonly 88
accepted practices for the training of animals;89

       (5) The administering of medicine to a companion animal that 90
was properly prescribed by a person who has been issued a license, 91
temporary permit, or registration certificate under Chapter 4741. 92
of the Revised Code.93

       (E)(G) Notwithstanding any section of the Revised Code that 94
otherwise provides for the distribution of fine moneys, the clerk 95
of court shall forward all fines the clerk collects that are so 96
imposed for any violation of this section to the treasurer of the 97
political subdivision or the state, whose county humane society or 98
law enforcement agency is to be paid the fine money as determined 99
under this division. The treasurer to whom the fines are forwarded 100
shall pay the fine moneys to the county humane society or the 101
county, township, municipal corporation, or state law enforcement 102
agency in this state that primarily was responsible for or 103
involved in the investigation and prosecution of the violation. If 104
a county humane society receives any fine moneys under this 105
division, the county humane society shall use the fine moneys to 106
provide the training that is required for humane agents under 107
section 1717.06 of the Revised Code.108

       Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 109
of the Revised Code is guilty of a minor misdemeanor.110

       (B) Except as otherwise provided in this division, whoever 111
violates section 959.02 of the Revised Code is guilty of a 112
misdemeanor of the second degree. If the value of the animal 113
killed or the injury done amounts to three hundred dollars or 114
more, whoever violates section 959.02 of the Revised Code is 115
guilty of a misdemeanor of the first degree.116

       (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, 117
or 959.17 of the Revised Code is guilty of a misdemeanor of the 118
fourth degree.119

       (D) Whoever violates division (A) of section 959.13 of the 120
Revised Code is guilty of a misdemeanor of the second degree. In 121
addition, the court may order the offender to forfeit the animal 122
or livestock and may provide for its disposition, including, but 123
not limited to, the sale of the animal or livestock. If an animal 124
or livestock is forfeited and sold pursuant to this division, the 125
proceeds from the sale first shall be applied to pay the expenses 126
incurred with regard to the care of the animal from the time it 127
was taken from the custody of the former owner. The balance of the 128
proceeds from the sale, if any, shall be paid to the former owner 129
of the animal.130

       (E)(1) Whoever violates division (B) of section 959.131 of 131
the Revised Code is guilty of a misdemeanor of the first degree on 132
a first offense and a felony of the fifth degree on each 133
subsequent offense.134

       (2) Whoever violates section 959.01 of the Revised Code or 135
division (C) of section 959.131 of the Revised Code is guilty of a 136
misdemeanor of the second degree on a first offense and a 137
misdemeanor of the first degree on each subsequent offense.138

       (3) Whoever violates division (D) of section 959.131 of the 139
Revised Code is guilty of a felony of the fifth degree.140

       (4)(a) A court may order a person who is convicted of or 141
pleads guilty to a violation of section 959.131 of the Revised 142
Code to forfeit to an impounding agency, as defined in section 143
959.132 of the Revised Code, any or all of the companion animals 144
in that person's ownership or care. The court also may prohibit or 145
place limitations on the person's ability to own or care for any 146
companion animals for a specified or indefinite period of time.147

       (b) A court may order a person who is convicted of or pleads 148
guilty to a violation of section 959.131 of the Revised Code to 149
reimburse an impounding agency for the reasonably necessary costs 150
incurred by the agency for the care of a companion animal that the 151
agency impounded as a result of the investigation or prosecution 152
of the violation, provided that the costs were not otherwise paid 153
under section 959.132 of the Revised Code.154

       (4)(5) If a court has reason to believe that a person who is 155
convicted of or pleads guilty to a violation of section 959.131 of 156
the Revised Code suffers from a mental or emotional disorder that 157
contributed to the violation, the court may impose as a community 158
control sanction or as a condition of probation a requirement that 159
the offender undergo psychological evaluation or counseling. The 160
court shall order the offender to pay the costs of the evaluation 161
or counseling.162

       (F) Whoever violates section 959.14 of the Revised Code is 163
guilty of a misdemeanor of the second degree on a first offense 164
and a misdemeanor of the first degree on each subsequent offense.165

       (G) Whoever violates section 959.05 or 959.20 of the Revised 166
Code is guilty of a misdemeanor of the first degree.167

       (H) Whoever violates section 959.16 of the Revised Code is 168
guilty of a felony of the fourth degree for a first offense and a 169
felony of the third degree on each subsequent offense.170

       Section 2. That existing sections 959.131 and 959.99 of the 171
Revised Code are hereby repealed.172