As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 274

Representatives Patmon, Sears 

Cosponsors: Representatives Barnes, Cera, Lundy 

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A BILL

To amend sections 959.131, 959.132, and 959.99 of the

1

Revised Code to revise provisions and penalties

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regarding treatment of companion animals and to

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revise the definition of "companion animal" in the

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Offenses Relating to Domestic Animals Law.

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

Section 1. That sections 959.131, 959.132, and 959.99 of the	6
Revised Code be amended to read as follows:	7

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

8

(1) "Companion animal" means any animal that is kept inside a	9
residential dwelling and any dog or cat regardless of where it is	10
kept, including a pet store as defined in section 956.01 of the	11
Revised Code. "Companion animal" does not include livestock or any	12
wild animal.	13

(2) "Cruelty," "torment," and "torture" have the same	14
meanings as in section 1717.01 of the Revised Code.	15

(3) "Residential dwelling" means a structure or shelter or	16
the portion of a structure or shelter that is used by one or more	17
humans for the purpose of a habitation.	18

(4) "Practice of veterinary medicine" has the same meaning as	19
in section 4741.01 of the Revised Code.	20

(5) "Wild animal" has the same meaning as in section 1531.01	21
of the Revised Code.	22

(6) "Federal animal welfare act" means the "Laboratory Animal	23
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	24
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	25
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	26
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	27
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	28
(1985), and as it may be subsequently amended.	29

(7) "Dog kennel" means an animal rescue for dogs that is	30
registered under section 956.06 of the Revised Code, a boarding	31
kennel, or a training kennel.	32

(8) "Boarding kennel" has the same meaning as in section	33
956.01 of the Revised Code.	34

(9) "Training kennel" means an establishment operating for	35
profit that keeps, houses, and maintains dogs for the purpose of	36
training the dogs in return for a fee or other consideration.	37

(10) "Livestock" means horses, mules, and other equidae;	38
cattle, sheep, goats, and other bovidae; swine and other suidae;	39
poultry; alpacas; llamas; captive white-tailed deer; and any other	40
animal that is raised or maintained domestically for food or	41
fiber.	42

(11) "Captive white-tailed deer" has the same meaning as in	43
section 1531.01 of the Revised Code.	44

(12) "Serious physical harm" means any of the following:

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(a) Physical harm that carries a substantial risk of death;

46

(b) Physical harm that involves either partial or total	47
permanent incapacity;	48

(c) Physical harm that involves acute pain of a duration that	49
results in substantial suffering or that involves any degree of	50
prolonged or intractable pain.	51

(B) No person shall knowingly torture, torment, needlessly	52
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	53
an act of cruelty against a companion animal.	54

(C) No person shall knowingly cause serious physical harm to	55
a companion animal.	56

(D) No person who confines or who is the custodian or	57
caretaker of a companion animal shall negligently do any of the	58
following:	59

(1) Commit any act by which unnecessary or unjustifiable pain	60
or suffering is caused, permitted, or allowed to continue, when	61
there is a reasonable remedy or relief, against the companion	62
animal;	63

(2) Omit any act of care by which unnecessary or	64
unjustifiable pain or suffering is caused, permitted, or allowed	65
to continue, when there is a reasonable remedy or relief, against	66
the companion animal;	67

(3) Commit any act of neglect by which unnecessary or	68
unjustifiable pain or suffering is caused, permitted, or allowed	69
to continue, when there is a reasonable remedy or relief, against	70
the companion animalTorture, torment, or commit an act of cruelty	71
against the companion animal;	72

(4) Needlessly kill the companion animal;

73

(5)(2) Deprive the companion animal of necessary sustenance,	74
or 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,or confinement, or impoundment or	82
confinement in any of those specified manners;	83

(3) Confine the companion animal without affording it, during	84
the impoundment or confinement, with access to shelter from heat,	85
cold, wind, rain, snow, or excessive direct sunlight if it can	86
reasonably be expected that the companion animal would become sick	87
or suffer in any other way as a result of or due to the lack of	88
adequate shelter.	89

(D)(E) No owner, manager, or employee of a dog kennel who	90
confines or is the custodian or caretaker of a companion animal	91
shall knowingly do any of the following:	92

(1) Torture, torment, needlessly mutilate or maim, cruelly	93
beat, poison, needlessly kill, or commit an act of cruelty against	94
the companion animal;	95

(2) Deprive the companion animal of necessary sustenance,or	96
confine the companion animal without supplying it during the	97
confinement with sufficient quantities of good, wholesome food and	98
water, or impound or confine the companion animal without	99
affording it, during the impoundment or confinement, with access	100
to shelter if it is substantially certain that the companion	101
animal would die or experience unnecessary or unjustifiable pain	102
or suffering due to the deprivation, confinement, or impoundment	103
or confinement in any of those specified mannerscan reasonably be	104
expected that the companion animal would become sick or suffer in	105
any other way as a result of the deprivation or confinement;	106

(3) Confine the companion animal without affording it, during	107
the impoundment or confinement, with access to shelter from heat,	108
cold, wind, rain, snow, or excessive direct sunlight if it can	109
reasonably be expected that the companion animal would become sick	110
or suffer in any other way as a result of or due to the lack of	111
adequate shelter.	112

(E)(F) No owner, manager, or employee of a dog kennel who	113
confines or is the custodian or caretaker of a companion animal	114
shall negligently do any of the following:	115

(1) Commit any act by which unnecessary or unjustifiable pain	116
or suffering is caused, permitted, or allowed to continue, when	117
there is a reasonable remedy or relief, against the companion	118
animal;	119

(2) Omit any act of care by which unnecessary or	120
unjustifiable pain or suffering is caused, permitted, or allowed	121
to continue, when there is a reasonable remedy or relief, against	122
the companion animal;	123

(3) Commit any act of neglect by which unnecessary or	124
unjustifiable pain or suffering is caused, permitted, or allowed	125
to continue, when there is a reasonable remedy or relief, against	126
the companion animalTorture, torment, or commit an act of cruelty	127
against the companion animal;	128

(4) Needlessly kill the companion animal;

129

(5)(2) Deprive the companion animal of necessary sustenance,	130
or confine the companion animal without supplying it during the	131
confinement with sufficient quantities of good, wholesome food and	132
water, or impound or confine the companion animal without	133
affording it, during the impoundment or confinement, with access	134
to shelter from heat, cold, wind, rain, snow, or excessive direct	135
sunlight if it can reasonably be expected that the companion	136
animal would become sick or suffer in any other way as a result of	137
or due to the deprivation,or confinement, or impoundment or	138
confinement in any of those specified manners;	139

(3) Confine the companion animal without affording it, during	140
the impoundment or confinement, with access to shelter from heat,	141
cold, wind, rain, snow, or excessive direct sunlight if it can	142
reasonably be expected that the companion animal would become sick	143
or suffer in any other way as a result of or due to the lack of	144
adequate shelter.	145

(F)(G) Divisions (B), (C), (D), and (E), and (F) of this	146
section do not apply to any of the following:	147

(1) A companion animal used in scientific research conducted	148
by an institution in accordance with the federal animal welfare	149
act and related regulations;	150

(2) The lawful practice of veterinary medicine by a person	151
who has been issued a license, temporary permit, or registration	152
certificate to do so under Chapter 4741. of the Revised Code;	153

(3) Dogs being used or intended for use for hunting or field	154
trial purposes, provided that the dogs are being treated in	155
accordance with usual and commonly accepted practices for the care	156
of hunting dogs;	157

(4) The use of common training devices, if the companion	158
animal is being treated in accordance with usual and commonly	159
accepted practices for the training of animals;	160

(5) The administering of medicine to a companion animal that	161
was properly prescribed by a person who has been issued a license,	162
temporary permit, or registration certificate under Chapter 4741.	163
of the Revised Code.	164

(G)(H) Notwithstanding any section of the Revised Code that	165
otherwise provides for the distribution of fine moneys, the clerk	166
of court shall forward all fines the clerk collects that are so	167
imposed for any violation of this section to the treasurer of the	168
political subdivision or the state, whose county humane society or	169
law enforcement agency is to be paid the fine money as determined	170
under this division. The treasurer to whom the fines are forwarded	171
shall pay the fine moneys to the county humane society or the	172
county, township, municipal corporation, or state law enforcement	173
agency in this state that primarily was responsible for or	174
involved in the investigation and prosecution of the violation. If	175
a county humane society receives any fine moneys under this	176
division, the county humane society shall use the fine moneys	177
either to provide the training that is required for humane agents	178
under section 1717.06 of the Revised Code or to provide additional	179
training for humane agents.	180

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

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(1) "Companion animal" has the same meaning as in section	182
959.131 of the Revised Code.	183

(2) "Impounding agency" means a county humane society	184
organized under section 1717.05 of the Revised Code, an animal	185
shelter, or a law enforcement agency that has impounded a	186
companion animal in accordance with this section.	187

(3) "Offense" means a violation of section 959.131 of the	188
Revised Code or an attempt, in violation of section 2923.02 of the	189
Revised Code, to violate section 959.131 of the Revised Code.	190

(4) "Officer" means any law enforcement officer, agent of a	191
county humane society, or other person appointed to act as an	192
animal control officer for a municipal corporation or township in	193
accordance with state law, an ordinance, or a resolution.	194

(B) An officer may seize and cause to be impounded at an	195
impounding agency a companion animal that the officer has probable	196
cause to believe is the subject of an offense. No officer or	197
impounding agency shall impound a companion animal that is the	198
subject of an offense in a shelter owned, operated, or controlled	199
by a board of county commissioners pursuant to Chapter 955. of the	200
Revised Code unless the board, by resolution, authorizes the	201
impoundment of such a companion animal in a shelter owned,	202
operated, or controlled by that board and has executed, in the	203
case when the officer is other than a dog warden or assistant dog	204
warden, a contract specifying the terms and conditions of the	205
impoundment.	206

(C) The officer shall give written notice of the seizure and	207
impoundment to the owner, keeper, or harborer of the companion	208
animal that was seized and impounded. If the officer is unable to	209
give the notice to the owner, keeper, or harborer of the companion	210
animal, the officer shall post the notice on the door of the	211
residence or in another conspicuous place on the premises at which	212
the companion animal was seized. The notice shall include a	213
statement that a hearing will be held not later than ten days	214
after the notice is provided or at the next available court date	215
to determine whether the officer had probable cause to seize the	216
companion animal and, if applicable, to determine the amount of a	217
bond or cash deposit that is needed to provide for the companion	218
animal's care and keeping for not less than thirty days beginning	219
on the date on which the companion animal was impounded.	220

(D) A companion animal that is seized under this section may	221
be humanely destroyed immediately or at any time during	222
impoundment if a licensed veterinarian determines it to be	223
necessary because the companion animal is suffering.	224

(E)(1) Not later than ten days after notice is provided or at	225
the next available court date, the court shall hold a hearing to	226
determine whether the officer impounding a companion animal had	227
probable cause to seize the companion animal. If the court	228
determines that probable cause exists, the court shall determine	229
the amount of a bond or cash deposit that is needed to provide for	230
the companion animal's care and keeping for not less than thirty	231
days beginning on the date on which the companion animal was	232
impounded.	233

(2) If the court determines that probable cause does not	234
exist, the court immediately shall order the impounding agency to	235
return the companion animal to its owner if possible. If the	236
companion animal cannot be returned because it has died as a	237
result of neglect or other misconduct by the impounding agency or	238
if the companion animal is injured as a result of neglect or other	239
misconduct by the impounding agency, the court shall order the	240
impounding agency to pay the owner an amount determined by the	241
court to be equal to the reasonable market value of the companion	242
animal at the time that it was impounded plus statutory interest	243
as defined in section 1343.03 of the Revised Code from the date of	244
the impoundment or an amount determined by the court to be equal	245
to the reasonable cost of treatment of the injury to the companion	246
animal, as applicable. The requirement established in division	247
(E)(2) of this section regarding the payment of the reasonable	248
market value of the companion animal shall not apply in the case	249
of a dog that, in violation of section 955.01 of the Revised Code,	250
was not registered at the time it was seized and impounded.	251

(3) If the court determines that probable cause exists and	252
determines the amount of a bond or cash deposit, the case shall	253
continue and the owner shall post a bond or cash deposit to	254
provide for the companion animal's care and keeping for not less	255
than thirty days beginning on the date on which the companion	256
animal was impounded. The owner may renew a bond or cash deposit	257
by posting, not later than ten days following the expiration of	258
the period for which a previous bond or cash deposit was posted, a	259
new bond or cash deposit in an amount that the court, in	260
consultation with the impounding agency, determines is sufficient	261
to provide for the companion animal's care and keeping for not	262
less than thirty days beginning on the date on which the previous	263
period expired. If no bond or cash deposit is posted or if a bond	264
or cash deposit expires and is not renewed, the impounding agency	265
may determine the disposition of the companion animal unless the	266
court issues an order that specifies otherwise.	267

(F) If a person is convicted of committing an offense, the	268
court may impose the following additional penalties against the	269
person:	270

(1) A requirement that the person pay for the costs incurred	271
by the impounding agency in caring for a companion animal involved	272
in the applicable offense, provided that the costs were incurred	273
during the companion animal's impoundment. A bond or cash deposit	274
posted under this section may be applied to the costs.	275

(2) An order permanently terminating the person's right to	276
possession, title, custody, or care of the companion animal that	277
was involved in the offense. If the court issues such an order,	278
the court shall order the disposition of the companion animal.	279

(G) If a person is found not guilty of committing an offense,	280
the court immediately shall order the impounding agency to return	281
the companion animal to its owner if possible and to return the	282
entire amount of any bond or cash deposit posted under division	283
(E) of this section. If the companion animal cannot be returned	284
because it has died as a result of neglect or other misconduct by	285
the impounding agency or if the companion animal is injured as a	286
result of neglect or other misconduct by the impounding agency,	287
the court shall order the impounding agency to pay the owner an	288
amount determined by the court to be equal to the reasonable	289
market value of the companion animal at the time that it was	290
impounded plus statutory interest as defined in section 1343.03 of	291
the Revised Code from the date of the impoundment or an amount	292
determined by the court to be equal to the reasonable cost of	293
treatment of the injury to the companion animal, as applicable.	294
The requirements established in this division regarding the return	295
of a bond or cash deposit and the payment of the reasonable market	296
value of the companion animal shall not apply in the case of a dog	297
that, in violation of section 955.01 of the Revised Code, was not	298
registered at the time it was seized and impounded.	299

(H) If charges are filed under section 959.131 of the Revised	300
Code against the custodian or caretaker of a companion animal, but	301
the companion animal that is the subject of the charges is not	302
impounded, the court in which the charges are pending may order	303
the owner or person having custody of the companion animal to	304
provide to the companion animal the necessities described in	305
division (C)(5), (D)(2)(D)(2), (D)(3), (E)(2), (E)(3), (F)(2), or	306
(E)(5)(F)(3) of section 959.131 of the Revised Code until the	307
final disposition of the charges. If the court issues an order of	308
that nature, the court also may authorize an officer or another	309
person to visit the place where the companion animal is being	310
kept, at the times and under the conditions that the court may	311
set, to determine whether the companion animal is receiving those	312
necessities and to remove and impound the companion animal if the	313
companion animal is not receiving those necessities.	314

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	315
of the Revised Code is guilty of a minor misdemeanor.	316

(B) Except as otherwise provided in this division, whoever	317
violates section 959.02 of the Revised Code is guilty of a	318
misdemeanor of the second degree. If the value of the animal	319
killed or the injury done amounts to three hundred dollars or	320
more, whoever violates section 959.02 of the Revised Code is	321
guilty of a misdemeanor of the first degree.	322

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	323
or 959.17 of the Revised Code is guilty of a misdemeanor of the	324
fourth degree.	325

(D) Whoever violates division (A) of section 959.13 of the	326
Revised Code is guilty of a misdemeanor of the second degree. In	327
addition, the court may order the offender to forfeit the animal	328
or livestock and may provide for its disposition, including, but	329
not limited to, the sale of the animal or livestock. If an animal	330
or livestock is forfeited and sold pursuant to this division, the	331
proceeds from the sale first shall be applied to pay the expenses	332
incurred with regard to the care of the animal from the time it	333
was taken from the custody of the former owner. The balance of the	334
proceeds from the sale, if any, shall be paid to the former owner	335
of the animal.	336

(E)(1) WhoeverExcept as otherwise provided in division	337
(E)(5) of this section, whoever violates division (B) of section	338
959.131 of the Revised Code is guilty of a misdemeanor of the	339
first degree on a first offense and a felony of the fifth degree	340
on each subsequent offense.	341

(2) Whoever violates division (C) of section 959.131 of the	342
Revised Code is guilty of a felony of the fifth degree.	343

(3) Except as otherwise provided in division (E)(5) of this	344
section, whoever violates section 959.01 of the Revised Code or	345
division (C)(D) of section 959.131 of the Revised Code is guilty	346
of a misdemeanor of the second degree on a first offense and a	347
misdemeanor of the first degree on each subsequent offense.	348

(3)(4) Whoever violates division (D)(E) of section 959.131 of	349
the Revised Code is guilty of a felony of the fifth degree.	350

(4) Whoever(5) Except as otherwise provided in division	351
(E)(5) of this section, whoever violates division (E)(F) of	352
section 959.131 of the Revised Code is guilty of a misdemeanor of	353
the first degree.	354

(5)(6) If a violation of division (B), (D), or (F) of section	355
959.131 of the Revised Code proximately causes the death of a	356
companion animal, the violator is guilty of a felony of the fifth	357
degree. For purposes of this division, death of a companion animal	358
includes the euthanization of a companion animal upon the	359
recommendation of a licensed veterinarian as defined in section	360
4741.01 of the Revised Code.	361

(7)(a) A court may order a person who is convicted of or	362
pleads guilty to a violation of section 959.131 of the Revised	363
Code to forfeit to an impounding agency, as defined in section	364
959.132 of the Revised Code, any or all of the companion animals	365
in that person's ownership or care. The court also may prohibit or	366
place limitations on the person's ability to own or care for any	367
companion animals for a specified or indefinite period of time.	368

(b) A court may order a person who is convicted of or pleads	369
guilty to a violation of section 959.131 of the Revised Code to	370
reimburse an impounding agency for the reasonably necessary costs	371
incurred by the agency for the care of a companion animal that the	372
agency impounded as a result of the investigation or prosecution	373
of the violation, provided that the costs were not otherwise paid	374
under section 959.132 of the Revised Code.	375

(6)(8) If a court has reason to believe that a person who is	376
convicted of or pleads guilty to a violation of section 959.131 of	377
the Revised Code suffers from a mental or emotional disorder that	378
contributed to the violation, the court may impose as a community	379
control sanction or as a condition of probation a requirement that	380
the offender undergo psychological evaluation or counseling. The	381
court shall order the offender to pay the costs of the evaluation	382
or counseling.	383

(F) Whoever violates section 959.14 of the Revised Code is	384
guilty of a misdemeanor of the second degree on a first offense	385
and a misdemeanor of the first degree on each subsequent offense.	386

(G) Whoever violates section 959.05 or 959.20 of the Revised	387
Code is guilty of a misdemeanor of the first degree.	388

(H) Whoever violates section 959.16 of the Revised Code is	389
guilty of a felony of the fourth degree for a first offense and a	390
felony of the third degree on each subsequent offense.	391

Section 2. That existing sections 959.131, 959.132, and	392
959.99 of the Revised Code are hereby repealed.	393

Section 3. This act shall be known as Dick Goddard's Law.

394