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House Bill 24 Establishes Care Bond & Restitution for Livestock Cruelty Cases

House Bill 24 was signed by Governor DeWine on December 29, 2020. This lengthy bill goes into effect in 90 days. Most critically, HB 24 creates “care bond” hearings for livestock and allows courts to order convicted offenders to pay restitution for the care of those animals.

Care bond/cost of care laws help prevent humane societies and other law enforcement from incurring debilitating costs in animal cruelty cases and can help rescued animals find their new homes sooner, saving both money and animal lives.

Under current Ohio law, the seizure of a companion animal (generally cats, dogs, and some other animals kept in a residential dwelling) results in a judicial hearing within 10 days of seizure to determine whether the officer had probable cause to seize the companion animal, and if so, the amount of money (bond) necessary for the animal owner to pay for that companion animal’s care while it is impounded pending trial. If the owner does not pay the care bond, the animal may be forfeited to the impounding agency.

Livestock are not currently subject to the same care bond hearings and are held for an indefinite period of time pending trial. Restitution to the impending agency has not been upheld in these cases, causing the impounding agency to bear all costs of rescuing a neglected or abused livestock animal. Thus, under current law, it is an extreme burden for impounding agencies to rescue/care for livestock and livestock often endure long holds in a facility when they could otherwise be placed in a new home. HB 24 now ensures quick due process for the livestock owner, that livestock will not be held needlessly, and that the impounding agency may be justly compensated for care provided.

Here are some additional highlights:
⏩Reenacts current law provisions governing animal fighting, bestiality, and humane agent residency requirements, which were struck down in the Ohio Sixth Appellate District; thus making those provisions now enforceable in that district again
⏩Allows dog wardens to use chemical capture on companion animals
⏩Clarifies that a dog warden can “donate” or “adopt” out dogs that are not redeemed by their owner and may charge an adoption fee
⏩Codifies humane society procedures for appointment and removal of humane agents, nonprosecution agreements, and public records that were previously only determined by case law
⏩Creates a yearly report of humane society activity that is submitted to the county sheriff
⏩Removes the antiquated “Ohio Humane Society” and provisions regarding humane society enforcement of crimes related to children
⏩Specifies that a humane agent is a public servant for the purposes of bribery law
⏩Increases the minimum monthly salary of humane agents to $150 a month

The full text can be found here: https://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_133/bills/hb24/EN/05?format=pdf

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Bestiality in Ohio – How Home Rule can help

What is Bestiality?

Bestiality, sexual conduct between a human and an animal, is legal in Ohio unless it can be proven that unnecessary or unjustifiable pain or suffering was caused to the animal. Ohio is one of only a dozen states without a specific law banning bestiality. It is demonstrated that bestiality, like other animal cruelty offenses, often has a correlation to offenses committed against humans. Jeremy Hoffman, a detective with Virginia’s Fairfax County Police, recently told a Senate committee that almost every child pornographer he arrested also had a collection of bestiality pornography.

Many efforts have been made in Ohio to prohibit bestiality, most recently Senate Bill 195 (SB 195). As of April 18, 2016, the bill is stalled in the Senate Criminal Justice Committee.

Taking Action Against Bestiality via “Home Rule”

In Ohio, municipal corporations (cities and villages) have certain powers granted to them in Article XVIII of the Ohio Constitution. This is called “home rule.” Article XVIII, § 3 of the Ohio Constitution provides that “[m]unicipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.”

Thus, it is possible, pursuant to municipalities’ home rule powers, to enact ordinances prohibiting bestiality within their jurisdictions. Some townships in Ohio also have home rule powers and two counties, Summit and Cuyahoga, have charter governments with county-wide home rule powers.

This document contains a model bestiality ordinance that is in accord with the current version of SB 195. In some instances, this model ordinance includes stricter provisions.

Jurisdictions considering enacting this model law should consult with legal counsel.

View the Model Ohio Bestiality Ordinance Here.

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