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| To amend sections 959.131 and 959.99 of the Revised | 1 |
| Code to specifically prohibit an owner of a | 2 |
| kennel of dogs from committing cruel treatment of | 3 |
| a companion animal by the animal's custodian or | 4 |
| caretaker and to give a prosecutor who prosecutes | 5 |
| an owner of a kennel of dogs who commits cruel | 6 |
| treatment of a companion animal discretion in | 7 |
| prosecuting the owner for the offense. | 8 |
| Section 1. That sections 959.131 and 959.99 of the Revised | 9 |
| Code be amended to read as follows: | 10 |
| Sec. 959.131. (A) As used in this section: | 11 |
| (1) "Companion animal" means any animal that is kept inside a | 12 |
| residential dwelling and any dog or cat regardless of where it is | 13 |
| kept. "Companion animal" does not include livestock or any wild | 14 |
| animal. | 15 |
| (2) "Cruelty," "torment," and "torture" have the same | 16 |
| meanings as in section 1717.01 of the Revised Code. | 17 |
| (3) "Residential dwelling" means a structure or shelter or | 18 |
| the portion of a structure or shelter that is used by one or more | 19 |
| humans for the purpose of a habitation. | 20 |
| (4) "Practice of veterinary medicine" has the same meaning as | 21 |
| in section 4741.01 of the Revised Code. | 22 |
| (5) "Wild animal" has the same meaning as in section 1531.01 | 23 |
| of the Revised Code. | 24 |
| (6) "Federal animal welfare act" means the "Laboratory Animal | 25 |
| Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. | 26 |
| 2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. | 27 |
| L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act | 28 |
| Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and | 29 |
| the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 | 30 |
| (1985), and as it may be subsequently amended. | 31 |
| (7) "Prosecutor" has the same meaning as in section 2935.01 | 32 |
| of the Revised Code. | 33 |
| (B) No person shall knowingly torture, torment, needlessly | 34 |
| mutilate or maim, cruelly beat, poison, needlessly kill, or commit | 35 |
| an act of cruelty against a companion animal. | 36 |
| (C) No person who confines or who is the custodian or | 37 |
| caretaker of a companion animal shall negligently do any of the | 38 |
| following: | 39 |
| (1) Torture, torment, needlessly mutilate or maim, cruelly | 40 |
| beat, poison, needlessly kill, or commit an act of cruelty against | 41 |
| the companion animal; | 42 |
| (2) Deprive the companion animal of necessary sustenance, | 43 |
| confine the companion animal without supplying it during the | 44 |
| confinement with sufficient quantities of good, wholesome food and | 45 |
| water, or impound or confine the companion animal without | 46 |
| affording it, during the impoundment or confinement, with access | 47 |
| to shelter from heat, cold, wind, rain, snow, or excessive direct | 48 |
| sunlight, if it can reasonably be expected that the companion | 49 |
| animal would become sick or suffer in any other way as a result of | 50 |
| or due to the deprivation, confinement, or impoundment or | 51 |
| confinement in any of those specified manners. | 52 |
| (D) No owner of a kennel of dogs that is registered under | 53 |
| section 955.04 of the Revised Code and that confines or is the | 54 |
| custodian or caretaker of a companion animal shall negligently do | 55 |
| any of the following: | 56 |
| (1) Torture, torment, needlessly mutilate or maim, cruelly | 57 |
| beat, poison, needlessly kill, or commit an act of cruelty against | 58 |
| the companion animal; | 59 |
| (2) Deprive the companion animal of necessary sustenance, | 60 |
| confine the companion animal without supplying it during the | 61 |
| confinement with sufficient quantities of good, wholesome food and | 62 |
| water, or impound or confine the companion animal without | 63 |
| affording it, during the impoundment or confinement, with access | 64 |
| to shelter from heat, cold, wind, rain, snow, or excessive direct | 65 |
| sunlight, if it can reasonably be expected that the companion | 66 |
| animal would become sick or suffer in any other way as a result of | 67 |
| or due to the deprivation, confinement, or impoundment or | 68 |
| confinement in any of those specified manners. | 69 |
| (E) If the owner of a kennel of dogs that is registered under | 70 |
| section 955.04 of the Revised Code violates divisions (C) and (D) | 71 |
| of this section, the prosecutor in the case, in the prosecutor's | 72 |
| discretion, may prosecute the owner of a kennel of dogs for a | 73 |
| violation of either division (C) or (D) of this section. | 74 |
| (F) Divisions (B) | 75 |
| apply to any of the following: | 76 |
| (1) A companion animal used in scientific research conducted | 77 |
| by an institution in accordance with the federal animal welfare | 78 |
| act and related regulations; | 79 |
| (2) The lawful practice of veterinary medicine by a person | 80 |
| who has been issued a license, temporary permit, or registration | 81 |
| certificate to do so under Chapter 4741. of the Revised Code; | 82 |
| (3) Dogs being used or intended for use for hunting or field | 83 |
| trial purposes, provided that the dogs are being treated in | 84 |
| accordance with usual and commonly accepted practices for the care | 85 |
| of hunting dogs; | 86 |
| (4) The use of common training devices, if the companion | 87 |
| animal is being treated in accordance with usual and commonly | 88 |
| accepted practices for the training of animals; | 89 |
| (5) The administering of medicine to a companion animal that | 90 |
| was properly prescribed by a person who has been issued a license, | 91 |
| temporary permit, or registration certificate under Chapter 4741. | 92 |
| of the Revised Code. | 93 |
| | 94 |
| otherwise provides for the distribution of fine moneys, the clerk | 95 |
| of court shall forward all fines the clerk collects that are so | 96 |
| imposed for any violation of this section to the treasurer of the | 97 |
| political subdivision or the state, whose county humane society or | 98 |
| law enforcement agency is to be paid the fine money as determined | 99 |
| under this division. The treasurer to whom the fines are forwarded | 100 |
| shall pay the fine moneys to the county humane society or the | 101 |
| county, township, municipal corporation, or state law enforcement | 102 |
| agency in this state that primarily was responsible for or | 103 |
| involved in the investigation and prosecution of the violation. If | 104 |
| a county humane society receives any fine moneys under this | 105 |
| division, the county humane society shall use the fine moneys to | 106 |
| provide the training that is required for humane agents under | 107 |
| section 1717.06 of the Revised Code. | 108 |
| Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 | 109 |
| of the Revised Code is guilty of a minor misdemeanor. | 110 |
| (B) Except as otherwise provided in this division, whoever | 111 |
| violates section 959.02 of the Revised Code is guilty of a | 112 |
| misdemeanor of the second degree. If the value of the animal | 113 |
| killed or the injury done amounts to three hundred dollars or | 114 |
| more, whoever violates section 959.02 of the Revised Code is | 115 |
| guilty of a misdemeanor of the first degree. | 116 |
| (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, | 117 |
| or 959.17 of the Revised Code is guilty of a misdemeanor of the | 118 |
| fourth degree. | 119 |
| (D) Whoever violates division (A) of section 959.13 of the | 120 |
| Revised Code is guilty of a misdemeanor of the second degree. In | 121 |
| addition, the court may order the offender to forfeit the animal | 122 |
| or livestock and may provide for its disposition, including, but | 123 |
| not limited to, the sale of the animal or livestock. If an animal | 124 |
| or livestock is forfeited and sold pursuant to this division, the | 125 |
| proceeds from the sale first shall be applied to pay the expenses | 126 |
| incurred with regard to the care of the animal from the time it | 127 |
| was taken from the custody of the former owner. The balance of the | 128 |
| proceeds from the sale, if any, shall be paid to the former owner | 129 |
| of the animal. | 130 |
| (E)(1) Whoever violates division (B) of section 959.131 of | 131 |
| the Revised Code is guilty of a misdemeanor of the first degree on | 132 |
| a first offense and a felony of the fifth degree on each | 133 |
| subsequent offense. | 134 |
| (2) Whoever violates section 959.01 of the Revised Code or | 135 |
| division (C) of section 959.131 of the Revised Code is guilty of a | 136 |
| misdemeanor of the second degree on a first offense and a | 137 |
| misdemeanor of the first degree on each subsequent offense. | 138 |
| (3) Whoever violates division (D) of section 959.131 of the | 139 |
| Revised Code is guilty of a felony of the fifth degree. | 140 |
| (4)(a) A court may order a person who is convicted of or | 141 |
| pleads guilty to a violation of section 959.131 of the Revised | 142 |
| Code to forfeit to an impounding agency, as defined in section | 143 |
| 959.132 of the Revised Code, any or all of the companion animals | 144 |
| in that person's ownership or care. The court also may prohibit or | 145 |
| place limitations on the person's ability to own or care for any | 146 |
| companion animals for a specified or indefinite period of time. | 147 |
| (b) A court may order a person who is convicted of or pleads | 148 |
| guilty to a violation of section 959.131 of the Revised Code to | 149 |
| reimburse an impounding agency for the reasonably necessary costs | 150 |
| incurred by the agency for the care of a companion animal that the | 151 |
| agency impounded as a result of the investigation or prosecution | 152 |
| of the violation, provided that the costs were not otherwise paid | 153 |
| under section 959.132 of the Revised Code. | 154 |
| | 155 |
| convicted of or pleads guilty to a violation of section 959.131 of | 156 |
| the Revised Code suffers from a mental or emotional disorder that | 157 |
| contributed to the violation, the court may impose as a community | 158 |
| control sanction or as a condition of probation a requirement that | 159 |
| the offender undergo psychological evaluation or counseling. The | 160 |
| court shall order the offender to pay the costs of the evaluation | 161 |
| or counseling. | 162 |
| (F) Whoever violates section 959.14 of the Revised Code is | 163 |
| guilty of a misdemeanor of the second degree on a first offense | 164 |
| and a misdemeanor of the first degree on each subsequent offense. | 165 |
| (G) Whoever violates section 959.05 or 959.20 of the Revised | 166 |
| Code is guilty of a misdemeanor of the first degree. | 167 |
| (H) Whoever violates section 959.16 of the Revised Code is | 168 |
| guilty of a felony of the fourth degree for a first offense and a | 169 |
| felony of the third degree on each subsequent offense. | 170 |
| Section 2. That existing sections 959.131 and 959.99 of the | 171 |
| Revised Code are hereby repealed. | 172 |