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Legislation

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

Posted by DanaMarie Pannella on December 31, 2020   |   Comments Off on 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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Three Bills Signed into Law Concerning Animals’ Protections

Posted by HM IT on June 14, 2016   |   Comments Off on Three Bills Signed into Law Concerning Animals’ Protections

Governor John Kasich recently signed three important bills into law that concern protections for this state’s animals. Here is a brief summary of each bill:

(1) SB 215: Grants good faith rescuers immunity from civil liability for damages incurred while using necessary force to enter a locked motor vehicle to help an animal or minor child who is in imminent danger of suffering harm. Rescuers must follow certain steps before and after breaking into a vehicle, which include making a good faith effort to contact law enforcement first, contacting law enforcement after the animal/child has been removed from the vehicle, and leaving information on the vehicle that notifies the owner of the rescuer’s contact information, location of the animal/child, and that authorities have been notified. The rescuer must also remain with the animal/child in a safe location until law enforcement or emergency responders arrive.

(2) HB 60 (“Goddard’s Law”): Makes knowingly causing serious physical harm to a companion animal (a cat, dog, or other animal living in a residential dwelling) chargeable as a fifth degree felony. Under current law, offenders can only be charged with a fifth degree felony for a second act of “knowing” companion animal cruelty or if the offender is an owner, manager, or employee of a dog kennel that commits a first act of “knowing” companion animal cruelty.

HB 60 also allows humane societies to use fines awarded through animal cruelty convictions to provide additional training for existing humane agents, increases the penalties for killing a police dog or horse, and requires development of resources that will help veterinarians identify clients that use animals to improperly obtain opioid drugs.

Unfortunately, HB 60 was amended to prohibit humane societies, the main enforcers of Ohio’s animal protection laws, from using an appointed animal cruelty prosecutor to handle these new felony cases.

(3) HB 187: Allows certain emergency responders to provide basic, stabilizing care to an injured dog or cat before they are transferred to a veterinarian for treatment. HB 187 protects those responders from civil liability and criminal prosecution if they acted in good faith and without willful misconduct. Veterinarians are also protected from liability or professional disciplinary action as a result of care provided by an emergency responder.

Each law will go into effect 90 days after its signing.

Animal law

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Ohio House Bill 198 Reduces Humane Societies’ Power to Protect Animals

Posted by DanaMarie Pannella on May 12, 2015   |   Comments Off on Ohio House Bill 198 Reduces Humane Societies’ Power to Protect Animals

ANIMAL LEGISLATION UPDATE:
HB 198, which abolishes Ohio Humane Societies’ ability to appoint prosecutors to prosecute crimes against animals, was introduced in the Ohio House on 5/11/15. This is the first legislative effort to REDUCE a Humane Society’s ability to protect animals.

Primary Sponsors: Reps. Steve Hambley (R-69) and Greta Johnson (D-35)

Summary: To repeal section 2931.18 of the Revised Code to abolish the humane society’s authority to employ an attorney to prosecute certain violations of law dealing with animal cruelty.

Find your Legislator here: https://www.legislature.ohio.gov/legislators/find-my-legislators

HB 198 Hurts Animals

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Ohio HB 274 “Goddard’s Law” Assigned to Senate Agriculture Committee

Posted by DanaMarie Pannella on February 5, 2014   |   Comments Off on Ohio HB 274 “Goddard’s Law” Assigned to Senate Agriculture Committee

HB 274 “Goddard’s Law” has been assigned to the Ohio Senate Agriculture Committee. A sponsor hearing must be scheduled for this Bill to move on.

HB 274:
• Prohibits any person from knowingly causing “serious physical harm” to a companion animal.
• Enhances the penalty for any person knowingly torturing, tormenting, needlessly mutilating or maiming, cruelly beating, poisoning, needlessly killing, or committing an act of cruelty against a companion animal if the violation proximately causes the animal’s death.
• Prohibits any person who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal.
• Prohibits an owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal.
• Requires the Attorney General, Veterinary Medical Licensing Board, Board of Pharmacy, and Ohio Veterinary Medical Association to collaborate in developing resources to assist veterinarians in identifying clients who may use their animals to secure opioids for abuse.

Now is a great time to write Committee Chairman Cliff Hite and politely request that a sponsor hearing be scheduled and to ask the committee members for their “Yes” vote on Goddard’s Law! Contact the committee here: http://www.ohiosenate.gov/committee/agriculture

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“Goddard’s Law” HB 274 Passes Ohio House

Posted by DanaMarie Pannella on December 12, 2013   |   Comments Off on “Goddard’s Law” HB 274 Passes Ohio House

House Bill 274, which aims to make Ohio’s most serious animal cruelty crimes a felony on a first offense, passed the Ohio House of Representatives on December 11, 2013. The vote was 84-8.

As passed by the House and outlined in Ohio Legislative Service Commission’s Bill Summary, HB 274 now:
• Prohibits any person from knowingly causing “serious physical harm” to a companion animal.
• Enhances the penalty for any person knowingly torturing, tormenting, needlessly mutilating or maiming, cruelly beating, poisoning, needlessly killing, or committing an act of cruelty against a companion animal if the violation proximately causes the animal’s death.
• Prohibits any person who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal.
• Prohibits an owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal.
• Requires the Attorney General, Veterinary Medical Licensing Board, Board of Pharmacy, and Ohio Veterinary Medical Association to collaborate in developing resources to assist veterinarians in identifying clients who may use their animals to secure opioids for abuse.

Footage of the House Session can be viewed here: House Session – December 11, 2013

HB 274 will now proceed to the Senate. As Representative Ron Gerberry indicated, “this challenge is only partially done.” We encourage everyone to call or write their Senator to voice support for HB 274 “Goddard’s Law.”

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WCPN 90.3 Hosts Discussion on Goddard’s Law

Posted by DanaMarie Pannella on October 9, 2013   |   Comments Off on WCPN 90.3 Hosts Discussion on Goddard’s Law

Today Mike McIntyre of WCPN 90.3’s program The Sound of Ideas hosted a discussion on Goddard’s Law, Ohio H.B. 274. Attorney J. Jeffrey Holland, who drafted the initial Bill, was a featured guest.

Courtesy of WCPN 90.3, this program can be heard using the player below.

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Goddard’s Law Summary – Ohio Animal Cruelty Bill

Posted by DanaMarie Pannella on October 9, 2013   |   Comments Off on Goddard’s Law Summary – Ohio Animal Cruelty Bill

Here is a summary of proposed Ohio House Bill 274: Holland & Muirden’s Summary of Goddard’s Law

“M” stands for misdemeanor.
“F” stands for felony.

In the state of Ohio, misdemeanors and felonies are categorized by degrees. Punishments for each degree are limited by Ohio law.

A felony of the fifth degree carries a maximum prison sentence of 6-12 months with a maximum fine of $2,500.

For a misdemeanor of the first degree, the highest degree of misdemeanor violation, offenders are not to serve more than six months in jail with a maximum fine of $1,000.

A second degree misdemeanor is punishable by up to 90 days in jail and a maximum fine of $750.

If passed, Ohio’s most serious animal cruelty crimes will be a felony on a first offense. Please write or call your Ohio Representative and Ohio State Senators and let them know that you want this law to pass.

House Bill No. 274 (aka “Goddard’s Law”; Introduced 9/30/13)
Sponsors: Representatives Bill Patmon (D-10) and Barbara Sears (R-47)
Cosponsors: Representatives Barnes, Cera, Lundy
Current Status: Introduced in the Ohio House on 9/30; Assigned to House Judiciary Committee on 10/1

Summary: To amend sections 959.131, 959.132, and 959.99 of the Revised Code to revise provisions and penalties regarding treatment of companion animals and to revise the definition of “companion animal” in the Offenses Relating to Domestic Animals Law.

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