As Reported by the House Agriculture and Natural Resources Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 90

Representatives Gerberry, Grossman 

Cosponsors: Representatives Hagan, R., Cera, Duffey, Ramos, Antonio, Boyd, Milkovich, Fedor, Curtin, Beck, Stinziano, Sprague, O'Brien, Brown, Ruhl, Phillips, Barborak, Johnson, Burkley, Damschroder, Hagan, C., Lynch, Patterson, Retherford, Winburn 

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A BILL

To amend sections 959.131, 959.132, 959.99, and

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1717.01 of the Revised Code to specifically

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prohibit an owner, manager, or employee of a dog

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kennel from committing cruel treatment of a

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companion animal, to give a prosecutor who

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prosecutes an owner, manager, or employee of a dog

6

kennel who commits cruel treatment of a companion

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animal discretion in prosecuting that person for

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the offense, to revise provisions regarding the

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negligent treatment of companion animals, and to

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revise the definition of "cruelty," "torment," and

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"torture" in the Humane Societies 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, 959.99, and	13
1717.01 of the Revised Code be amended to read as follows:	14

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

15

(1) "Companion animal" means any animal that is kept inside a	16
residential dwelling and any dog or cat regardless of where it is	17
kept. "Companion animal" does not include livestock or any wild	18
animal.	19

(2) "Cruelty," "torment," and "torture" have the same	20
meanings as in section 1717.01 of the Revised Code.	21

(3) "Residential dwelling" means a structure or shelter or	22
the portion of a structure or shelter that is used by one or more	23
humans for the purpose of a habitation.	24

(4) "Practice of veterinary medicine" has the same meaning as	25
in section 4741.01 of the Revised Code.	26

(5) "Wild animal" has the same meaning as in section 1531.01	27
of the Revised Code.	28

(6) "Federal animal welfare act" means the "Laboratory Animal	29
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	30
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	31
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	32
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	33
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	34
(1985), and as it may be subsequently amended.	35

(7) "Prosecutor" has the same meaning as in section 2935.01	36
of the Revised Code.	37

(8) "Dog kennel" means an animal rescue for dogs that is	38
registered under section 956.06 of the Revised Code, a boarding	39
kennel, and a training kennel.	40

(9) "Boarding kennel" has the same meaning as in section	41
956.01 of the Revised Code.	42

(10) "Training kennel" means an establishment operating for	43
profit that keeps, houses, and maintains dogs for the purpose of	44
training the dogs in return for a fee or other consideration.	45

(11) "Livestock" means horses, mules, and other equidae;	46
cattle, sheep, goats, and other bovidae; swine and other suidae;	47
poultry; alpacas; llamas; captive white-tailed deer; and any other	48
animal that is raised or maintained domestically for food or	49
fiber.	50

(12) "Captive white-tailed deer" has the same meaning as in	51
section 1531.01 of the Revised Code.	52

(B) No person shall knowingly torture, torment, needlessly	53
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	54
an act of cruelty against a companion animal.	55

(C) No person who confines or who is the custodian or	56
caretaker of a companion animal shall negligently do any of the	57
following:	58

(1) Torture, torment, needlessly mutilate or maim, cruelly	59
beat, poison, needlessly kill, or commit an act of cruelty against	60
the companion animal;Commit any act by which unnecessary or	61
unjustifiable pain or suffering is caused, permitted, or allowed	62
to continue against the companion 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 against the companion animal;	66

(3) Commit any act of neglect by which unnecessary or	67
unjustifiable pain or suffering is caused, permitted, or allowed	68
to continue against the companion animal;	69

(4) Kill the companion animal;

70

(5) Deprive the companion animal of necessary sustenance,	71
confine the companion animal without supplying it during the	72
confinement with sufficient quantities of good, wholesome food and	73
water, or impound or confine the companion animal without	74
affording it, during the impoundment or confinement, with access	75
to shelter from heat, cold, wind, rain, snow, or excessive direct	76
sunlight, if it can reasonably be expected that the companion	77
animal would become sick or suffer in any other way as a result of	78
or due to the deprivation, confinement, or impoundment or	79
confinement in any of those specified manners.	80

(D) No owner, manager, or employee of a dog kennel who	81
confines or is the custodian or caretaker of a companion animal	82
shall knowingly do any of the following:	83

(1) Torture, torment, needlessly mutilate or maim, cruelly	84
beat, poison, needlessly kill, or commit an act of cruelty against	85
the companion animal;	86

(2) Deprive the companion animal of necessary sustenance,	87
confine the companion animal without supplying it during the	88
confinement with sufficient quantities of good, wholesome food and	89
water, or impound or confine the companion animal without	90
affording it, during the impoundment or confinement, with access	91
to shelter from heat, cold, wind, rain, snow, or excessive direct	92
sunlight if it can reasonably be expected that the companion	93
animal would become sick or suffer in any other way as a result of	94
or due to the deprivation, confinement, or impoundment or	95
confinement in any of those specified manners.	96

(E) No owner, manager, or employee of a dog kennel who	97
confines or is the custodian or caretaker of a companion animal	98
shall negligently do any of the following:	99

(1) Commit any act by which unnecessary or unjustifiable pain	100
or suffering is caused, permitted, or allowed to continue against	101
the companion animal;	102

(2) Omit any act of care by which unnecessary or	103
unjustifiable pain or suffering is caused, permitted, or allowed	104
to continue against the companion animal;	105

(3) Commit any act of neglect by which unnecessary or	106
unjustifiable pain or suffering is caused, permitted, or allowed	107
to continue against the companion animal;	108

(4) Kill the companion animal;

109

(5) Deprive the companion animal of necessary sustenance,	110
confine the companion animal without supplying it during the	111
confinement with sufficient quantities of good, wholesome food and	112
water, or impound or confine the companion animal without	113
affording it, during the impoundment or confinement, with access	114
to shelter from heat, cold, wind, rain, snow, or excessive direct	115
sunlight if it can reasonably be expected that the companion	116
animal would become sick or suffer in any other way as a result of	117
or due to the deprivation, confinement, or impoundment or	118
confinement in any of those specified manners.	119

(F) If the owner, manager, or employee of a dog kennel	120
violates divisions (B) and (D)(1) of this section, the prosecutor	121
in the case, in the prosecutor's discretion, may prosecute the	122
owner, manager, or employee of the dog kennel for a violation of	123
either division (B) or (D)(1) of this section.	124

(G) If the owner, manager, or employee of a dog kennel	125
violates divisions (C) and (E) of this section, the prosecutor in	126
the case, in the prosecutor's discretion, may prosecute the owner,	127
manager, or employee of the dog kennel for a violation of either	128
division (C) or (E) of this section.	129

(H) Divisions (B) and, (C), (D), and (E) of this section do	130
not apply to any of the following:	131

(1) A companion animal used in scientific research conducted	132
by an institution in accordance with the federal animal welfare	133
act and related regulations;	134

(2) The lawful practice of veterinary medicine by a person	135
who has been issued a license, temporary permit, or registration	136
certificate to do so under Chapter 4741. of the Revised Code;	137

(3) Dogs being used or intended for use for hunting or field	138
trial purposes, provided that the dogs are being treated in	139
accordance with usual and commonly accepted practices for the care	140
of hunting dogs;	141

(4) The use of common training devices, if the companion	142
animal is being treated in accordance with usual and commonly	143
accepted practices for the training of animals;	144

(5) The administering of medicine to a companion animal that	145
was properly prescribed by a person who has been issued a license,	146
temporary permit, or registration certificate under Chapter 4741.	147
of the Revised Code.	148

(E)(I) Notwithstanding any section of the Revised Code that	149
otherwise provides for the distribution of fine moneys, the clerk	150
of court shall forward all fines the clerk collects that are so	151
imposed for any violation of this section to the treasurer of the	152
political subdivision or the state, whose county humane society or	153
law enforcement agency is to be paid the fine money as determined	154
under this division. The treasurer to whom the fines are forwarded	155
shall pay the fine moneys to the county humane society or the	156
county, township, municipal corporation, or state law enforcement	157
agency in this state that primarily was responsible for or	158
involved in the investigation and prosecution of the violation. If	159
a county humane society receives any fine moneys under this	160
division, the county humane society shall use the fine moneys to	161
provide the training that is required for humane agents under	162
section 1717.06 of the Revised Code.	163

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

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(1) "Companion animal" has the same meaning as in section	165
959.131 of the Revised Code.	166

(2) "Impounding agency" means a county humane society	167
organized under section 1717.05 of the Revised Code, an animal	168
shelter, or a law enforcement agency that has impounded a	169
companion animal in accordance with this section.	170

(3) "Offense" means a violation of section 959.131 of the	171
Revised Code or an attempt, in violation of section 2923.02 of the	172
Revised Code, to violate section 959.131 of the Revised Code.	173

(4) "Officer" means any law enforcement officer, agent of a	174
county humane society, or other person appointed to act as an	175
animal control officer for a municipal corporation or township in	176
accordance with state law, an ordinance, or a resolution.	177

(B) An officer may seize and cause to be impounded at an	178
impounding agency a companion animal that the officer has probable	179
cause to believe is the subject of an offense. No officer or	180
impounding agency shall impound a companion animal that is the	181
subject of an offense in a shelter owned, operated, or controlled	182
by a board of county commissioners pursuant to Chapter 955. of the	183
Revised Code unless the board, by resolution, authorizes the	184
impoundment of such a companion animal in a shelter owned,	185
operated, or controlled by that board and has executed, in the	186
case when the officer is other than a dog warden or assistant dog	187
warden, a contract specifying the terms and conditions of the	188
impoundment.	189

(C) The officer shall give written notice of the seizure and	190
impoundment to the owner, keeper, or harborer of the companion	191
animal that was seized and impounded. If the officer is unable to	192
give the notice to the owner, keeper, or harborer of the companion	193
animal, the officer shall post the notice on the door of the	194
residence or in another conspicuous place on the premises at which	195
the companion animal was seized. The notice shall include a	196
statement that a hearing will be held not later than ten days	197
after the notice is provided or at the next available court date	198
to determine whether the officer had probable cause to seize the	199
companion animal and, if applicable, to determine the amount of a	200
bond or cash deposit that is needed to provide for the companion	201
animal's care and keeping for not less than thirty days beginning	202
on the date on which the companion animal was impounded.	203

(D) A companion animal that is seized under this section may	204
be humanely destroyed immediately or at any time during	205
impoundment if a licensed veterinarian determines it to be	206
necessary because the companion animal is suffering.	207

(E)(1) Not later than ten days after notice is provided or at	208
the next available court date, the court shall hold a hearing to	209
determine whether the officer impounding a companion animal had	210
probable cause to seize the companion animal. If the court	211
determines that probable cause exists, the court shall determine	212
the amount of a bond or cash deposit that is needed to provide for	213
the companion animal's care and keeping for not less than thirty	214
days beginning on the date on which the companion animal was	215
impounded.	216

(2) If the court determines that probable cause does not	217
exist, the court immediately shall order the impounding agency to	218
return the companion animal to its owner if possible. If the	219
companion animal cannot be returned because it has died as a	220
result of neglect or other misconduct by the impounding agency or	221
if the companion animal is injured as a result of neglect or other	222
misconduct by the impounding agency, the court shall order the	223
impounding agency to pay the owner an amount determined by the	224
court to be equal to the reasonable market value of the companion	225
animal at the time that it was impounded plus statutory interest	226
as defined in section 1343.03 of the Revised Code from the date of	227
the impoundment or an amount determined by the court to be equal	228
to the reasonable cost of treatment of the injury to the companion	229
animal, as applicable. The requirement established in division	230
(E)(2) of this section regarding the payment of the reasonable	231
market value of the companion animal shall not apply in the case	232
of a dog that, in violation of section 955.01 of the Revised Code,	233
was not registered at the time it was seized and impounded.	234

(3) If the court determines that probable cause exists and	235
determines the amount of a bond or cash deposit, the case shall	236
continue and the owner shall post a bond or cash deposit to	237
provide for the companion animal's care and keeping for not less	238
than thirty days beginning on the date on which the companion	239
animal was impounded. The owner may renew a bond or cash deposit	240
by posting, not later than ten days following the expiration of	241
the period for which a previous bond or cash deposit was posted, a	242
new bond or cash deposit in an amount that the court, in	243
consultation with the impounding agency, determines is sufficient	244
to provide for the companion animal's care and keeping for not	245
less than thirty days beginning on the date on which the previous	246
period expired. If no bond or cash deposit is posted or if a bond	247
or cash deposit expires and is not renewed, the impounding agency	248
may determine the disposition of the companion animal unless the	249
court issues an order that specifies otherwise.	250

(F) If a person is convicted of committing an offense, the	251
court may impose the following additional penalties against the	252
person:	253

(1) A requirement that the person pay for the costs incurred	254
by the impounding agency in caring for a companion animal involved	255
in the applicable offense, provided that the costs were incurred	256
during the companion animal's impoundment. A bond or cash deposit	257
posted under this section may be applied to the costs.	258

(2) An order permanently terminating the person's right to	259
possession, title, custody, or care of the companion animal that	260
was involved in the offense. If the court issues such an order,	261
the court shall order the disposition of the companion animal.	262

(G) If a person is found not guilty of committing an offense,	263
the court immediately shall order the impounding agency to return	264
the companion animal to its owner if possible and to return the	265
entire amount of any bond or cash deposit posted under division	266
(E) of this section. If the companion animal cannot be returned	267
because it has died as a result of neglect or other misconduct by	268
the impounding agency or if the companion animal is injured as a	269
result of neglect or other misconduct by the impounding agency,	270
the court shall order the impounding agency to pay the owner an	271
amount determined by the court to be equal to the reasonable	272
market value of the companion animal at the time that it was	273
impounded plus statutory interest as defined in section 1343.03 of	274
the Revised Code from the date of the impoundment or an amount	275
determined by the court to be equal to the reasonable cost of	276
treatment of the injury to the companion animal, as applicable.	277
The requirements established in this division regarding the return	278
of a bond or cash deposit and the payment of the reasonable market	279
value of the companion animal shall not apply in the case of a dog	280
that, in violation of section 955.01 of the Revised Code, was not	281
registered at the time it was seized and impounded.	282

(H) If charges are filed under section 959.131 of the Revised	283
Code against the custodian or caretaker of a companion animal, but	284
the companion animal that is the subject of the charges is not	285
impounded, the court in which the charges are pending may order	286
the owner or person having custody of the companion animal to	287
provide to the companion animal the necessities described in	288
division (C)(2) of section 959.131 of the Revised Code until the	289
final disposition of the charges. If the court issues an order of	290
that nature, the court also may authorize an officer or another	291
person to visit the place where the companion animal is being	292
kept, at the times and under the conditions that the court may	293
set, to determine whether the companion animal is receiving those	294
necessities and to remove and impound the companion animal if the	295
companion animal is not receiving those necessities.	296

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19	297
of the Revised Code is guilty of a minor misdemeanor.	298

(B) Except as otherwise provided in this division, whoever	299
violates section 959.02 of the Revised Code is guilty of a	300
misdemeanor of the second degree. If the value of the animal	301
killed or the injury done amounts to three hundred dollars or	302
more, whoever violates section 959.02 of the Revised Code is	303
guilty of a misdemeanor of the first degree.	304

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	305
or 959.17 of the Revised Code is guilty of a misdemeanor of the	306
fourth degree.	307

(D) Whoever violates division (A) of section 959.13 of the	308
Revised Code is guilty of a misdemeanor of the second degree. In	309
addition, the court may order the offender to forfeit the animal	310
or livestock and may provide for its disposition, including, but	311
not limited to, the sale of the animal or livestock. If an animal	312
or livestock is forfeited and sold pursuant to this division, the	313
proceeds from the sale first shall be applied to pay the expenses	314
incurred with regard to the care of the animal from the time it	315
was taken from the custody of the former owner. The balance of the	316
proceeds from the sale, if any, shall be paid to the former owner	317
of the animal.	318

(E)(1) Whoever violates division (B) of section 959.131 of	319
the Revised Code is guilty of a misdemeanor of the first degree on	320
a first offense and a felony of the fifth degree on each	321
subsequent offense.	322

(2) Whoever violates section 959.01 of the Revised Code or	323
division (C) of section 959.131 of the Revised Code is guilty of a	324
misdemeanor of the second degree on a first offense and a	325
misdemeanor of the first degree on each subsequent offense.	326

(3) Whoever violates division (D) of section 959.131 of the	327
Revised Code is guilty of a felony of the fifth degree.	328

(4) Whoever violates division (E) of section 959.131 of the	329
Revised Code is guilty of a misdemeanor of the first degree.	330

(5)(a) A court may order a person who is convicted of or	331
pleads guilty to a violation of section 959.131 of the Revised	332
Code to forfeit to an impounding agency, as defined in section	333
959.132 of the Revised Code, any or all of the companion animals	334
in that person's ownership or care. The court also may prohibit or	335
place limitations on the person's ability to own or care for any	336
companion animals for a specified or indefinite period of time.	337

(b) A court may order a person who is convicted of or pleads	338
guilty to a violation of section 959.131 of the Revised Code to	339
reimburse an impounding agency for the reasonably necessary costs	340
incurred by the agency for the care of a companion animal that the	341
agency impounded as a result of the investigation or prosecution	342
of the violation, provided that the costs were not otherwise paid	343
under section 959.132 of the Revised Code.	344

(4)(6) If a court has reason to believe that a person who is	345
convicted of or pleads guilty to a violation of section 959.131 of	346
the Revised Code suffers from a mental or emotional disorder that	347
contributed to the violation, the court may impose as a community	348
control sanction or as a condition of probation a requirement that	349
the offender undergo psychological evaluation or counseling. The	350
court shall order the offender to pay the costs of the evaluation	351
or counseling.	352

(F) Whoever violates section 959.14 of the Revised Code is	353
guilty of a misdemeanor of the second degree on a first offense	354
and a misdemeanor of the first degree on each subsequent offense.	355

(G) Whoever violates section 959.05 or 959.20 of the Revised	356
Code is guilty of a misdemeanor of the first degree.	357

(H) Whoever violates section 959.16 of the Revised Code is	358
guilty of a felony of the fourth degree for a first offense and a	359
felony of the third degree on each subsequent offense.	360

Sec. 1717.01.  As used in sections 1717.01 to 1717.14,	361
inclusive, of the Revised Code, and in every law relating to	362
animals:	363

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

364

(B) "Cruelty," "torment," and "torture" include every act,	365
omission, or neglect by which unnecessary or unjustifiable pain or	366
suffering is caused, permitted, or allowed to continue, when there	367
is a reasonable remedy or reliefagainst an animal;	368

(C) "Owner" and "person" include corporations. For the	369
purpose of this section the knowledge and acts of the agents and	370
employees of a corporation, in regard to animals transported,	371
owned, or employed by, or in the custody of, such agents and	372
employees, are the knowledge and acts of the corporation.	373

Section 2. That existing sections 959.131, 959.132, 959.99,	374
and 1717.01 of the Revised Code are hereby repealed.	375