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Ohio Animal Cruelty

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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Special sanctions for Ohio animal hoarders

Posted by J. Jeffrey Holland on October 16, 2020   |   Comments Off on Special sanctions for Ohio animal hoarders
Inside the ARC facility

The 11th District Court of Appeals upheld a number of notable, special sanctions in an animal hoarding case we prosecuted in the Willoughby Municipal Court for the Eastlake Police Department.

Facts:  Defendant Nadine Betchel operated a loosely organized nonprofit animal rescue operation called the Animal Resource Center in Eastlake, Ohio.  Officers executed a search warrant at the property.  Officers found 97 dogs and cats living in conditions of filth with high concentrations of urine and fecal ammonia.  Many were suffering from untreated medical issues.  All were deemed to be suffering unnecessarily by the veterinarian on scene and were removed and impounded at the Lake Humane Society.

Defendant was found guilty of eight counts of companion animal cruelty involving all 97 animals.

Here are the highlights from the Court of Appeals:

(a) A court may impose a lifetime ban on possessing companion animals.
(b) A court may order an offender to reimburse a humane society for costs of care and rehabilitation of victims of companion animal cruelty.
(c) $85,296.10 in restitution is not an unconstitutionally excessive fine, especially where the defendant makes efforts to prevent the humane society from adopting out the animals.
(d) A prosecution for companion animal cruelty does not require a finding of probable cause in an R.C. 959.132 civil forfeiture hearing. The two proceedings are separate and distinct.
(e) A court may only order 18 months in jail as the maximum term of consecutive misdemeanors.  If the trial court errs by ordering a longer term, the sentence may be simply modified and reduced to 18 months by the appellate court.

The Case:  State v. Bechtel, 11th Dist. Lake Nos. 2019-L-145, 2019-L-146, 2019-L-147, 2019-L-148, 2019-L-149, 2019-L-150, 2019-L-151, 2019-L-152, 2020-Ohio-4889

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Bestiality in Ohio – How Home Rule can help

Posted by HM IT on April 16, 2016   |   Comments Off on 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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Sisters to complete 1000 hours of community service for starving their dog to death

Posted by DanaMarie Pannella on July 31, 2015   |   Comments Off on Sisters to complete 1000 hours of community service for starving their dog to death

State of Ohio v. Christina Davis and Delores Davis, a case prosecuted for the Cleveland Animal Protective League.

Delores and Christina Davis, sisters, were charged with one second degree misdemeanor count related to the starvation death of their dog. The dog was found deceased and emaciated in their yard. The sisters stated they relied on neighbors to provide them with free dog food. The dog’s bowls contained only filth and leaves.

Each defendant pleaded no contest to the charge. They must each complete 500 hours of community service and 5 years of active probation, during which time they cannot own animals and are subject to the APL’s monitoring. 90 days in jail were imposed, and suspended. They will pay court costs.

empty dog bowls starved dog yard

 

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Sentencing for Youngstown animal neglect case

Posted by J. Jeffrey Holland on June 18, 2015   |   Comments Off on Sentencing for Youngstown animal neglect case

State v. Akesha Bowman, a case we prosecuted for Animal Charity, the humane society serving Mahoning County.

Bowman was charged with two counts of companion animal cruelty for keeping her dog “Sassy,” (renamed “Hershey,”) in a cage filled with urine and fecal waste. The cage was too small. Sores were observed on the top of her head from rubbing on the bars. She was also emaciated. Bowman pled no contest and was found guilty on both counts.

The dog was forfeited by the Court, and is now doing well in her new home. (Before and after pictures provided below.)

Judge Robert Milich sentenced Bowman to 90 days in jail for each count, consecutive, for a total of 180 days. Jail time is suspended pending completion of 5 years’ probation, the maximum time allowed by law. During that time, she is prohibited from owning or keeping animals, and is subject to inspections by probation or the humane agent to make sure that she is not keeping animals. She was fined $250 plus costs, plus a $100 probation fee for each case, and must complete 80 hours of community service.

bowman photo

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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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Jail time for dog starvation case in Ashland, Ohio

Posted by J. Jeffrey Holland on May 5, 2015   |   Comments Off on Jail time for dog starvation case in Ashland, Ohio

State v. Michael Johnson, a case we prosecuted at the request of the Ashland County Humane Society, investigated by Ashland County Dog Warden, Tom Kosht.

Johnson was found guilty of two counts of companion animal cruelty for abandoning two dogs in a home without adequate food or water. One died of starvation. The other was dehydrated, but was successfully rehabilitated and has been adopted to a new, loving home.

Johnson tried to put the blame on a man named Louie Thompson who he said was paid $500 cash to care for the animals. However, Johnson could not locate Thompson, and the address he gave for Thompson had not been occupied for some time. Judge John Good told Johnson that he did not believe his story.

Johnson was sentenced to 90 days, the maximum jail sentence for a 2nd degree misdemeanor. He will begin serving that sentence next week. 90 additional days were suspended pending successful completion of 5 years’ probation. During that time, Johnson may not possess and companion animals. He was ordered to pay $500 in fines, $42 in restitution to the veterinarian, $125 restitution to the Ashland County Humane Society, and court costs.

I am pleased to report that Judge Good gave a strong message about the seriousness of animal neglect. It is our hope both Dog Warden Tom Kosht and Judge John Good of the Ashland Municipal Court will receive positive feedback from the community.

fence

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Savannah man, Michael Johnson, convicted of starving two dogs

Posted by DanaMarie Pannella on April 8, 2015   |   Comments Off on Savannah man, Michael Johnson, convicted of starving two dogs

State v. Michael Johnson, a case we prosecuted for the Ashland County Dog Shelter/Dog Warden.

Johnson was charged with animal cruelty related to the starvation of his two Golden Retriever dogs, Laney and Sadie.

The Ashland County Dog Warden visited Johnson’s property when it was reported that a dog had been abandoned there. Sadly, Sadie had already passed away. There was a bag containing dog food in the kitchen, just feet away from where both dogs were confined.

Johnson entered a plea to two counts of animal neglect, both second degree misdemeanors, and was found guilty.

Laney recovered and Johnson surrendered ownership to the Dog Warden today.

Sentencing is set for May 4, 2015.

Golden Retrievers Ohio

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Cleveland woman sentenced for neglect of two dogs

Posted by DanaMarie Pannella on April 8, 2015   |   Comments Off on Cleveland woman sentenced for neglect of two dogs

State v. Glenda Murray, a case we prosecuted for the Cleveland Animal Protective League.

Glenda Murray was charged related to her neglect of two emaciated, ill dogs tethered without shelter in cold weather. Glenda Murray’s husband, Fuller Murray, who was also charged, is currently serving jail time on felony firearms and assault charges and his animal cruelty case is still awaiting adjudication.

Glenda Murray was found guilty of four counts and was sentenced to the maximum jail term (1 ½ years), all suspended. The suspended time may be imposed if she fails to complete 5 years’ probation. During probation, she is prohibited from owning or keeping any animal. She must also submit to random inspections. Murray must complete 100 hours of community service and pay $230 in restitution to the APL.

Chained dog

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Conviction for possession of cockfighting birds and equipment

Posted by J. Jeffrey Holland on February 19, 2015   |   Comments Off on Conviction for possession of cockfighting birds and equipment

State v. Filimon Medina, a case we prosecuted for the Medina County SPCA. This is one of the roosters removed from Mr. Medina’s property. It is common practice among cockfighters to remove the combs and wattles of fighting birds so the animals will not bleed excessively in battle, thus weakening them and possibly interfering with their ability to see.

While Mr. Medina was not caught in the act of cockfighting, he was charged and convicted in the Medina Municipal Court of two counts of possession of criminal tools for possessing altered roosters, sparring muffs, various drugs and veterinary supplies commonly used in cockfighting, keep pens, tie out ropes and shipping boxes.

Ironically, possession of criminal tools is a 1st degree misdemeanor, while cockfighting is only a misdemeanor of the 4th degree in Ohio. Mr. Medina forfeited all seized birds, will pay a $400 fine plus costs, and may serve 90 days in jail if he violates the terms of his probation, which includes a prohibition against possessing altered birds and random inspections.

rooster medina

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