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

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


Representatives Gerberry, Hagan, R. 

Cosponsors: Representatives Weddington, Winburn, Garland, Antonio, Blessing, Carney, Celebrezze, Cera, Duffey, Fedor, Foley, Goyal, Hagan, C., Henne, Letson, Luckie, Lundy, Mallory, Milkovich, Murray, O'Brien, Okey, Phillips, Ramos, Rose, Szollosi, Yuko 

Senators Cafaro, Hite 



A BILL
To amend sections 959.131, 959.132, 959.99, and 1
1717.01 of the Revised Code to specifically 2
prohibit an owner, manager, or employee of a 3
kennel of dogs from committing cruel treatment of 4
a companion animal, to give a prosecutor who 5
prosecutes an owner, manager, or employee of a 6
kennel of dogs who commits cruel treatment of a 7
companion animal discretion in prosecuting the 8
owner, manager, or employee for the offense, to 9
remove certain language regarding the negligent 10
treatment of companion animals, and to revise the 11
definition of "cruelty," "torment," and "torture" 12
in the Humane Societies Law.13


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

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

       Sec. 959.131. (A) As used in this section:16

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

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

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

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

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

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

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

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

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

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

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

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

       (4) Kill the companion animal;56

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Sec. 959.132.  (A) As used in this section:146

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (A) "Animal" includes every living dumb creature;346

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

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

       Section 2. That existing sections 959.131, 959.132, 959.99, 356
and 1717.01 of the Revised Code are hereby repealed.357