As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 274

Representatives Patmon, Sears 

Cosponsors: Representatives Barnes, Cera, Lundy, Celebrezze, Pillich, Winburn 

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A BILL

To amend sections 959.131, 959.132, and 959.99 and to

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enact section 4741.05 of the Revised Code to

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revise provisions and penalties regarding

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treatment of companion animals, to revise the

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definition of "companion animal" in the Offenses

5

Relating to Domestic Animals Law, and to provide a

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state collaborative effort to assist veterinarians

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in identifying clients who may use their animals

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to secure opioids for abuse.

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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 be	10
amended and section 4741.05 of the Revised Code be enacted to read	11
as follows:	12

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

13

(1) "Companion animal" means any animal that is kept inside a	14
residential dwelling and any dog or cat regardless of where it is	15
kept, including a pet store as defined in section 956.01 of the	16
Revised Code. "Companion animal" does not include livestock or any	17
wild animal.	18

(2) "Cruelty," "torment," and "torture" have the same	19
meanings as in section 1717.01 of the Revised Code.	20

(3) "Residential dwelling" means a structure or shelter or	21
the portion of a structure or shelter that is used by one or more	22
humans for the purpose of a habitation.	23

(4) "Practice of veterinary medicine" has the same meaning as	24
in section 4741.01 of the Revised Code.	25

(5) "Wild animal" has the same meaning as in section 1531.01	26
of the Revised Code.	27

(6) "Federal animal welfare act" means the "Laboratory Animal	28
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	29
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	30
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	31
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	32
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	33
(1985), and as it may be subsequently amended.	34

(7) "Dog kennel" means an animal rescue for dogs that is	35
registered under section 956.06 of the Revised Code, a boarding	36
kennel, or a training kennel.	37

(8) "Boarding kennel" has the same meaning as in section	38
956.01 of the Revised Code.	39

(9) "Training kennel" means an establishment operating for	40
profit that keeps, houses, and maintains dogs for the purpose of	41
training the dogs in return for a fee or other consideration.	42

(10) "Livestock" means horses, mules, and other equidae;	43
cattle, sheep, goats, and other bovidae; swine and other suidae;	44
poultry; alpacas; llamas; captive white-tailed deer; and any other	45
animal that is raised or maintained domestically for food or	46
fiber.	47

(11) "Captive white-tailed deer" has the same meaning as in	48
section 1531.01 of the Revised Code.	49

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

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

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(b) Physical harm that involves either partial or total	52
permanent incapacity;	53

(c) Physical harm that involves acute pain of a duration that	54
results in substantial suffering or that involves any degree of	55
prolonged or intractable pain.	56

(B) No person shall knowingly torture, torment, needlessly	57
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	58
an act of cruelty against a companion animal.	59

(C) No person shall knowingly cause serious physical harm to	60
a companion animal.	61

(D) No person who confines or who is the custodian or	62
caretaker of a companion animal shall negligently do any of the	63
following:	64

(1) Commit any act by which unnecessary or unjustifiable pain	65
or suffering is caused, permitted, or allowed to continue, when	66
there is a reasonable remedy or relief, against the companion	67
animal;	68

(2) Omit any act of care by which unnecessary or	69
unjustifiable pain or suffering is caused, permitted, or allowed	70
to continue, when there is a reasonable remedy or relief, against	71
the companion animal;	72

(3) Commit any act of neglect by which unnecessary or	73
unjustifiable pain or suffering is caused, permitted, or allowed	74
to continue, when there is a reasonable remedy or relief, against	75
the companion animalTorture, torment, or commit an act of cruelty	76
against the companion animal;	77

(4) Needlessly kill the companion animal;

78

(5)(2) Deprive the companion animal of necessary sustenance,	79
or confine the companion animal without supplying it during the	80
confinement with sufficient quantities of good, wholesome food and	81
water, or impound or confine the companion animal without	82
affording it, during the impoundment or confinement, with access	83
to shelter from heat, cold, wind, rain, snow, or excessive direct	84
sunlight, if it can reasonably be expected that the companion	85
animal would become sick or suffer in any other way as a result of	86
or due to the deprivation,or confinement, or impoundment or	87
confinement in any of those specified manners;	88

(3) Impound or confine the companion animal without affording	89
it, during the impoundment or confinement, with access to shelter	90
from heat, cold, wind, rain, snow, or excessive direct sunlight if	91
it can reasonably be expected that the companion animal would	92
become sick or suffer in any other way as a result of or due to	93
the lack of adequate shelter.	94

(D)(E) No owner, manager, or employee of a dog kennel who	95
confines or is the custodian or caretaker of a companion animal	96
shall knowingly do any of the following:	97

(1) Torture, torment, needlessly mutilate or maim, cruelly	98
beat, poison, needlessly kill, or commit an act of cruelty against	99
the companion animal;	100

(2) Deprive the companion animal of necessary sustenance,or	101
confine the companion animal without supplying it during the	102
confinement with sufficient quantities of good, wholesome food and	103
water, or impound or confine the companion animal without	104
affording it, during the impoundment or confinement, with access	105
to shelter if it is substantially certain that the companion	106
animal would die or experience unnecessary or unjustifiable pain	107
or suffering due to the deprivation, confinement, or impoundment	108
or confinement in any of those specified mannerscan reasonably be	109
expected that the companion animal would become sick or suffer in	110
any other way as a result of the deprivation or confinement;	111

(3) Impound or confine the companion animal without affording	112
it, during the impoundment or confinement, with access to shelter	113
from heat, cold, wind, rain, snow, or excessive direct sunlight if	114
it can reasonably be expected that the companion animal would	115
become sick or suffer in any other way as a result of or due to	116
the lack of adequate shelter.	117

(E)(F) No owner, manager, or employee of a dog kennel who	118
confines or is the custodian or caretaker of a companion animal	119
shall negligently do any of the following:	120

(1) Commit any act by which unnecessary or unjustifiable pain	121
or suffering is caused, permitted, or allowed to continue, when	122
there is a reasonable remedy or relief, against the companion	123
animal;	124

(2) Omit any act of care by which unnecessary or	125
unjustifiable pain or suffering is caused, permitted, or allowed	126
to continue, when there is a reasonable remedy or relief, against	127
the companion animal;	128

(3) Commit any act of neglect by which unnecessary or	129
unjustifiable pain or suffering is caused, permitted, or allowed	130
to continue, when there is a reasonable remedy or relief, against	131
the companion animalTorture, torment, or commit an act of cruelty	132
against the companion animal;	133

(4) Needlessly kill the companion animal;

134

(5)(2) Deprive the companion animal of necessary sustenance,	135
or confine the companion animal without supplying it during the	136
confinement with sufficient quantities of good, wholesome food and	137
water, or impound or confine the companion animal without	138
affording it, during the impoundment or confinement, with access	139
to shelter from heat, cold, wind, rain, snow, or excessive direct	140
sunlight if it can reasonably be expected that the companion	141
animal would become sick or suffer in any other way as a result of	142
or due to the deprivation,or confinement, or impoundment or	143
confinement in any of those specified manners;	144

(3) Impound or confine the companion animal without affording	145
it, during the impoundment or confinement, with access to shelter	146
from heat, cold, wind, rain, snow, or excessive direct sunlight if	147
it can reasonably be expected that the companion animal would	148
become sick or suffer in any other way as a result of or due to	149
the lack of adequate shelter.	150

(F)(G) Divisions (B), (C), (D), and (E), and (F) of this	151
section do not apply to any of the following:	152

(1) A companion animal used in scientific research conducted	153
by an institution in accordance with the federal animal welfare	154
act and related regulations;	155

(2) The lawful practice of veterinary medicine by a person	156
who has been issued a license, temporary permit, or registration	157
certificate to do so under Chapter 4741. of the Revised Code;	158

(3) Dogs being used or intended for use for hunting or field	159
trial purposes, provided that the dogs are being treated in	160
accordance with usual and commonly accepted practices for the care	161
of hunting dogs;	162

(4) The use of common training devices, if the companion	163
animal is being treated in accordance with usual and commonly	164
accepted practices for the training of animals;	165

(5) The administering of medicine to a companion animal that	166
was properly prescribed by a person who has been issued a license,	167
temporary permit, or registration certificate under Chapter 4741.	168
of the Revised Code.	169

(G)(H) Notwithstanding any section of the Revised Code that	170
otherwise provides for the distribution of fine moneys, the clerk	171
of court shall forward all fines the clerk collects that are so	172
imposed for any violation of this section to the treasurer of the	173
political subdivision or the state, whose county humane society or	174
law enforcement agency is to be paid the fine money as determined	175
under this division. The treasurer to whom the fines are forwarded	176
shall pay the fine moneys to the county humane society or the	177
county, township, municipal corporation, or state law enforcement	178
agency in this state that primarily was responsible for or	179
involved in the investigation and prosecution of the violation. If	180
a county humane society receives any fine moneys under this	181
division, the county humane society shall use the fine moneys	182
either to provide the training that is required for humane agents	183
under section 1717.06 of the Revised Code or to provide additional	184
training for humane agents.	185

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

186

(1) "Companion animal" has the same meaning as in section	187
959.131 of the Revised Code.	188

(2) "Impounding agency" means a county humane society	189
organized under section 1717.05 of the Revised Code, an animal	190
shelter, or a law enforcement agency that has impounded a	191
companion animal in accordance with this section.	192

(3) "Offense" means a violation of section 959.131 of the	193
Revised Code or an attempt, in violation of section 2923.02 of the	194
Revised Code, to violate section 959.131 of the Revised Code.	195

(4) "Officer" means any law enforcement officer, agent of a	196
county humane society, or other person appointed to act as an	197
animal control officer for a municipal corporation or township in	198
accordance with state law, an ordinance, or a resolution.	199

(B) An officer may seize and cause to be impounded at an	200
impounding agency a companion animal that the officer has probable	201
cause to believe is the subject of an offense. No officer or	202
impounding agency shall impound a companion animal that is the	203
subject of an offense in a shelter owned, operated, or controlled	204
by a board of county commissioners pursuant to Chapter 955. of the	205
Revised Code unless the board, by resolution, authorizes the	206
impoundment of such a companion animal in a shelter owned,	207
operated, or controlled by that board and has executed, in the	208
case when the officer is other than a dog warden or assistant dog	209
warden, a contract specifying the terms and conditions of the	210
impoundment.	211

(C) The officer shall give written notice of the seizure and	212
impoundment to the owner, keeper, or harborer of the companion	213
animal that was seized and impounded. If the officer is unable to	214
give the notice to the owner, keeper, or harborer of the companion	215
animal, the officer shall post the notice on the door of the	216
residence or in another conspicuous place on the premises at which	217
the companion animal was seized. The notice shall include a	218
statement that a hearing will be held not later than ten days	219
after the notice is provided or at the next available court date	220
to determine whether the officer had probable cause to seize the	221
companion animal and, if applicable, to determine the amount of a	222
bond or cash deposit that is needed to provide for the companion	223
animal's care and keeping for not less than thirty days beginning	224
on the date on which the companion animal was impounded.	225

(D) A companion animal that is seized under this section may	226
be humanely destroyed immediately or at any time during	227
impoundment if a licensed veterinarian determines it to be	228
necessary because the companion animal is suffering.	229

(E)(1) Not later than ten days after notice is provided or at	230
the next available court date, the court shall hold a hearing to	231
determine whether the officer impounding a companion animal had	232
probable cause to seize the companion animal. If the court	233
determines that probable cause exists, the court shall determine	234
the amount of a bond or cash deposit that is needed to provide for	235
the companion animal's care and keeping for not less than thirty	236
days beginning on the date on which the companion animal was	237
impounded.	238

(2) If the court determines that probable cause does not	239
exist, the court immediately shall order the impounding agency to	240
return the companion animal to its owner if possible. If the	241
companion animal cannot be returned because it has died as a	242
result of neglect or other misconduct by the impounding agency or	243
if the companion animal is injured as a result of neglect or other	244
misconduct by the impounding agency, the court shall order the	245
impounding agency to pay the owner an amount determined by the	246
court to be equal to the reasonable market value of the companion	247
animal at the time that it was impounded plus statutory interest	248
as defined in section 1343.03 of the Revised Code from the date of	249
the impoundment or an amount determined by the court to be equal	250
to the reasonable cost of treatment of the injury to the companion	251
animal, as applicable. The requirement established in division	252
(E)(2) of this section regarding the payment of the reasonable	253
market value of the companion animal shall not apply in the case	254
of a dog that, in violation of section 955.01 of the Revised Code,	255
was not registered at the time it was seized and impounded.	256

(3) If the court determines that probable cause exists and	257
determines the amount of a bond or cash deposit, the case shall	258
continue and the owner shall post a bond or cash deposit to	259
provide for the companion animal's care and keeping for not less	260
than thirty days beginning on the date on which the companion	261
animal was impounded. The owner may renew a bond or cash deposit	262
by posting, not later than ten days following the expiration of	263
the period for which a previous bond or cash deposit was posted, a	264
new bond or cash deposit in an amount that the court, in	265
consultation with the impounding agency, determines is sufficient	266
to provide for the companion animal's care and keeping for not	267
less than thirty days beginning on the date on which the previous	268
period expired. If no bond or cash deposit is posted or if a bond	269
or cash deposit expires and is not renewed, the impounding agency	270
may determine the disposition of the companion animal unless the	271
court issues an order that specifies otherwise.	272

(F) If a person is convicted of committing an offense, the	273
court may impose the following additional penalties against the	274
person:	275

(1) A requirement that the person pay for the costs incurred	276
by the impounding agency in caring for a companion animal involved	277
in the applicable offense, provided that the costs were incurred	278
during the companion animal's impoundment. A bond or cash deposit	279
posted under this section may be applied to the costs.	280

(2) An order permanently terminating the person's right to	281
possession, title, custody, or care of the companion animal that	282
was involved in the offense. If the court issues such an order,	283
the court shall order the disposition of the companion animal.	284

(G) If a person is found not guilty of committing an offense,	285
the court immediately shall order the impounding agency to return	286
the companion animal to its owner if possible and to return the	287
entire amount of any bond or cash deposit posted under division	288
(E) of this section. If the companion animal cannot be returned	289
because it has died as a result of neglect or other misconduct by	290
the impounding agency or if the companion animal is injured as a	291
result of neglect or other misconduct by the impounding agency,	292
the court shall order the impounding agency to pay the owner an	293
amount determined by the court to be equal to the reasonable	294
market value of the companion animal at the time that it was	295
impounded plus statutory interest as defined in section 1343.03 of	296
the Revised Code from the date of the impoundment or an amount	297
determined by the court to be equal to the reasonable cost of	298
treatment of the injury to the companion animal, as applicable.	299
The requirements established in this division regarding the return	300
of a bond or cash deposit and the payment of the reasonable market	301
value of the companion animal shall not apply in the case of a dog	302
that, in violation of section 955.01 of the Revised Code, was not	303
registered at the time it was seized and impounded.	304

(H) If charges are filed under section 959.131 of the Revised	305
Code against the custodian or caretaker of a companion animal, but	306
the companion animal that is the subject of the charges is not	307
impounded, the court in which the charges are pending may order	308
the owner or person having custody of the companion animal to	309
provide to the companion animal the necessities described in	310
division (C)(5), (D)(2)(D)(2), (D)(3), (E)(2), (E)(3), (F)(2), or	311
(E)(5)(F)(3) of section 959.131 of the Revised Code until the	312
final disposition of the charges. If the court issues an order of	313
that nature, the court also may authorize an officer or another	314
person to visit the place where the companion animal is being	315
kept, at the times and under the conditions that the court may	316
set, to determine whether the companion animal is receiving those	317
necessities and to remove and impound the companion animal if the	318
companion animal is not receiving those necessities.	319

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	320
of the Revised Code is guilty of a minor misdemeanor.	321

(B) Except as otherwise provided in this division, whoever	322
violates section 959.02 of the Revised Code is guilty of a	323
misdemeanor of the second degree. If the value of the animal	324
killed or the injury done amounts to three hundred dollars or	325
more, whoever violates section 959.02 of the Revised Code is	326
guilty of a misdemeanor of the first degree.	327

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	328
or 959.17 of the Revised Code is guilty of a misdemeanor of the	329
fourth degree.	330

(D) Whoever violates division (A) of section 959.13 of the	331
Revised Code is guilty of a misdemeanor of the second degree. In	332
addition, the court may order the offender to forfeit the animal	333
or livestock and may provide for its disposition, including, but	334
not limited to, the sale of the animal or livestock. If an animal	335
or livestock is forfeited and sold pursuant to this division, the	336
proceeds from the sale first shall be applied to pay the expenses	337
incurred with regard to the care of the animal from the time it	338
was taken from the custody of the former owner. The balance of the	339
proceeds from the sale, if any, shall be paid to the former owner	340
of the animal.	341

(E)(1) WhoeverExcept as otherwise provided in division	342
(E)(6) of this section, whoever violates division (B) of section	343
959.131 of the Revised Code is guilty of a misdemeanor of the	344
first degree on a first offense and a felony of the fifth degree	345
on each subsequent offense.	346

(2) Whoever violates division (C) of section 959.131 of the	347
Revised Code is guilty of a felony of the fifth degree.	348

(3) Except as otherwise provided in division (E)(6) of this	349
section, whoever violates section 959.01 of the Revised Code or	350
division (C)(D) of section 959.131 of the Revised Code is guilty	351
of a misdemeanor of the second degree on a first offense and a	352
misdemeanor of the first degree on each subsequent offense.	353

(3)(4) Whoever violates division (D)(E) of section 959.131 of	354
the Revised Code is guilty of a felony of the fifth degree.	355

(4) Whoever(5) Except as otherwise provided in division	356
(E)(6) of this section, whoever violates division (E)(F) of	357
section 959.131 of the Revised Code is guilty of a misdemeanor of	358
the first degree.	359

(5)(6) If a violation of division (B), (D), or (F) of section	360
959.131 of the Revised Code proximately causes the death of a	361
companion animal, the violator is guilty of a felony of the fifth	362
degree.	363

(7)(a) A court may order a person who is convicted of or	364
pleads guilty to a violation of section 959.131 of the Revised	365
Code to forfeit to an impounding agency, as defined in section	366
959.132 of the Revised Code, any or all of the companion animals	367
in that person's ownership or care. The court also may prohibit or	368
place limitations on the person's ability to own or care for any	369
companion animals for a specified or indefinite period of time.	370

(b) A court may order a person who is convicted of or pleads	371
guilty to a violation of section 959.131 of the Revised Code to	372
reimburse an impounding agency for the reasonably necessary costs	373
incurred by the agency for the care of a companion animal that the	374
agency impounded as a result of the investigation or prosecution	375
of the violation, provided that the costs were not otherwise paid	376
under section 959.132 of the Revised Code.	377

(6)(8) If a court has reason to believe that a person who is	378
convicted of or pleads guilty to a violation of section 959.131 of	379
the Revised Code suffers from a mental or emotional disorder that	380
contributed to the violation, the court may impose as a community	381
control sanction or as a condition of probation a requirement that	382
the offender undergo psychological evaluation or counseling. The	383
court shall order the offender to pay the costs of the evaluation	384
or counseling.	385

(F) Whoever violates section 959.14 of the Revised Code is	386
guilty of a misdemeanor of the second degree on a first offense	387
and a misdemeanor of the first degree on each subsequent offense.	388

(G) Whoever violates section 959.05 or 959.20 of the Revised	389
Code is guilty of a misdemeanor of the first degree.	390

(H) Whoever violates section 959.16 of the Revised Code is	391
guilty of a felony of the fourth degree for a first offense and a	392
felony of the third degree on each subsequent offense.	393

Sec. 4741.05.  The attorney general, state veterinary medical	394
licensing board, state board of pharmacy, and Ohio veterinary	395
medical association shall collaborate in the development of	396
resources and educational materials to enhance the ability of	397
veterinarians to identify current or potential clients who may	398
abuse opioids and may use animals in their care to improperly	399
secure them.	400

Section 2. That existing sections 959.131, 959.132, and	401
959.99 of the Revised Code are hereby repealed.	402

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

403