HB 417 — Regards animal abuse offenses and penalties
Last action — Reported - Substitute
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1Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has been introduced in the House. Introduced August 19, 2025. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Introduced
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Mixed recorded votes
1 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill addresses penalties for animal abuse and restricts offenders from owning dogs.
This legislation aims to amend existing laws related to animal abuse by introducing stricter penalties and prohibiting certain offenders from owning dogs. It also specifically prohibits the abuse of animal corpses.
Summary
To amend sections 109.803, 955.54, 955.99, 959.131, 959.99, 2921.321, and 2929.18 and to enact sections 955.55, 955.56, and 955.57 of the Revised Code to prohibit the abuse of a companion animal corpse, to prohibit an animal abuse offender from owning a dog in certain circumstances, and to establish mandatory fines for violations of an animal abuse offense.
Bill Text
What changed in the latest version
1439 added · 1399 removedPlain-language change summary
The bill HB 417 has been amended to expand the restrictions on animal ownership for certain offenders, shifting from only preventing dog ownership to banning all companion animals. Additionally, it includes new mandatory fines for violating animal abuse laws. These changes matter because they aim to strengthen protections for animals by holding abusers accountable and reinforcing the importance of animal welfare.
As IntroducedReported by the House Public Safety Committee 136th General Assembly Regular Session H.Sub.
H.
417 2025-2026 Representatives Plummer, Young ToCosponsors: amend sections 109.803, 955.54, 955.99, 959.131, 1 959.99, 2921.321, and 2929.18 and to enact 2 sections 955.55, 955.56, and 955.57 of the 3 Revised Code to prohibit the abuse of a 4 companion animal corpse, to prohibit an animal 5 abuse offender from owning a dog in certain 6 circumstances, and to establish mandatory fines 7 for violations of an animal abuse offense.
8Representatives BEAbrams, ITWillis ENACTEDTo BYamend THEsections GENERAL109.79, ASSEMBLY955.54, OF955.99, THE959.131, STATE1 OF959.99, OHIO:2921.321, and 2929.18 and to enact 2 sections 955.55, 955.56, and 955.57 of the 3 Revised Code to prohibit the abuse of a 4 companion animal corpse, to prohibit an animal 5 abuse offender from owning a companion animal in 6 certain circumstances, and to establish 7 mandatory fines for violations of an animal 8 abuse offense.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
That sections 109.803,109.79, 955.54, 955.99, 959.131, 910 959.99, 2921.321, and 2929.18 be amended and sections 955.55, 1011 955.56, and 955.57 of the Revised Code be enacted to read as 1112 follows:
1213 Sec.
109.803.109.79.
(A)(1)(A) SubjectThe toOhio divisionspeace (A)(2)officer andtraining (B)14 13commission ofshall thisestablish section,and everyconduct appointinga authoritytraining shallschool requirefor eachlaw 1415 ofenforcement its appointed peace officers andof troopersany topolitical completesubdivision twenty-of 15the fourstate hours16 or of continuingthe professionalstate trainingpublic eachdefender's calendaroffice. 16 year.
Twenty-fourThe hoursschool isshall intended to be a minimum requirement, 17 andknown appointingas authorities are encouraged to exceed the twenty-Ohio 18peace fourofficer hourtraining minimum.academy.
ANo minimumbailiff ofor twenty-four18 hoursdeputy bailiff of continuinga 19court professionalof trainingrecord shallof bethis reimbursedstate each calendar year and 20no a19 maximumcriminal ofinvestigator fortyemployed hoursby ofthe continuingstate professionalpublic trainingdefender may20 21Sub. H.
H.
417 Page 2 As IntroducedReported by the House Public Safety Committee shall be reimbursedpermitted eachto calendarattend year.the academy for training unless the 21 employing court of the bailiff or deputy bailiff or the state 22 public defender, whichever is applicable, has authorized the 23 bailiff, deputy bailiff, or investigator to attend the academy.
At24 leastThe twoOhio hourspeace ofofficer suchtraining 22commission continuingshall professionaldevelop 25 the training program, which shall beinclude dedicatedcourses toin both the 2326 educationcivil and criminal functions of law enforcement officers, a 27 course in crisis intervention with six or more hours of 28 training, training in the handling of missing children and child 29 abuse and neglect cases, and training on companion animal 30 encounters and companion animal behavior, and at least two hours 31 of training on the laws governing animal welfare and cruelty under32 24under Chapter 959.
of the Revised Code, and shall establish 33 rules governing qualifications for admission to the academy.
The 34 commission may require competitive examinations to determine 35 fitness of prospective trainees, so long as the examinations or 36 other criteria for admission to the academy are consistent with 37 the provisions of Chapter 124.
2538 (2)The AnOhio appointing authority may submit a written request 26 to the peace officer training commission thatshall requestsdetermine for39 atuition 27costs calendarsufficient yearin because of emergency circumstances an extension of 28 the timeaggregate withinto whichpay one or more of its appointed peace 29 officers or troopers must complete the requiredcosts minimum number 30 of hours40 ofoperating continuing professional training set by the 31academy. commission, as described in division (A)(1) of this section.
ATuition 32paid requestby madea underpolitical thissubdivision division41 shallof set forth the namestate ofor 33by each of the appointingstate authority'spublic peacedefender's officersoffice orshall troopersbe 3442 fordeposited whominto an extension is requested, identify the emergencystate 35treasury circumstances related to thatthe peacecredit officer or trooper, include 36 documentation of thosethe emergencypeace circumstances,43 andofficer settraining forthacademy 37fee thefund, date on which the request is submittedhereby toestablished. the commission.
A44 38The requestattorney general shall beuse mademoney underin thisthe divisionfund notto laterpay thancosts the45 39associated fifteenthwith dayoperation of December in the calendaracademy. year for which the 40 extension is requested.
41The Uponcosts receipt of aacquiring written46 requestand madeequipping underthe thisacademy 42shall division,be paid from appropriations made 47 by the executivegeneral directorassembly ofto the Ohio peace officer training 48 commission shallfor reviewthat 43purpose, thefrom requestgifts andor thegrants submittedreceived documentation.for 49 that purpose, or from fees for goods related to the academy.
If the executive 44 director of the commission is satisfied that emergency 45 circumstances exist for any peace officer or trooper for whom a 46 request was made under this division, the executive director may 47 approve the request for that peace officer or trooper and grant 48 an extension of the time within which that peace officer or 49 trooper must complete the required minimum number of hours of 50 continuingSub. professional training set by the commission.
An 51 extension granted under this division may be for any period of 52 H.
417 Page 3 As IntroducedReported timeby the executiveHouse directorPublic believesSafety toCommittee beThe appropriate,Ohio andpeace theofficer 53training executivecommission director shall specifycreate ina the51 noticegaming-related grantingcurriculum thefor 54gaming extensionagents. the date on which the extension ends.
NotThe laterOhio thanpeace 5552 thirtyofficer daystraining aftercommission theshall dateuse onmoney whichdistributed a request is submitted to 56 the commission,53 forOhio each peace officer andtraining trooperacademy forfrom whomthe anOhio 57law extension54 isenforcement requested,training thefund executiveto directorfirst eithersupport shall 58 approve the requestacademy's and55 granttraining anprograms extensionfor orgaming denyagents the request 59 and denygaming-related an56 extensioncurriculum. and shall send to the appointing authority 60 that submitted the request written notice of the executive 61 director's decision.
62The IfOhio the executive director grants an extension of the time 63 within which a particular appointed peace officer ortraining troopercommission ofmay 6457 anutilize appointingexisting authority must complete the required minimum 65 number of hours of continuing professional training setprograms byin theother 66states commission, the appointing authority shall require that peace58 67specialize officerin or trooper to complete the required minimum number of 68 hours of training notgaming lateragents. than the date on which the extension 69 ends.
7059 (B)The Withlaw enforcement officers, during the adviceperiod of their 60 training, shall receive compensation as determined by the Ohio61 peacepolitical subdivision that sponsors them or, if the officer trainingis 71a commission,62 criminal investigator employed by the attorneystate generalpublic shalldefender, adoptas in63 accordancedetermined withby 72the Chapterstate 119.public defender.
ofThe thepolitical Revised64 Codesubdivision rulesmay settingpay forththe minimumtuition 73costs standardsof forthe continuinglaw professionalenforcement training65 forofficers peacethey 74sponsor officers and troopersthe andstate governingpublic defender may pay the administration66 oftuition 75costs continuingof professionalcriminal traininginvestigators programsof forthat peaceoffice officerswho and67 76attend troopers.the academy.
The68 rulesIf adoptedtrainee vacancies exist, the academy may train and 69 issue certificates of satisfactory completion to peace officers 70 who are employed by a campus police department pursuant to 71 section 1713.50 of the attorneyRevised generalCode, underby 77a divisionqualified (B)nonprofit 72 corporation police department pursuant to section 1702.80 of thisthe 73 Revised Code, or by a railroad company, who are amusement park 74 police officers appointed and commissioned by a judge of the 75 appropriate municipal court or county court pursuant to section shall76 do4973.17 allof the Revised Code, or who are bank, savings and loan 77 association, savings bank, credit union, or association of 78 banks, savings and loan associations, savings banks, or credit 79 unions, or hospital police officers appointed and commissioned 80 by the following:secretary of state pursuant to sections 4973.17 to 81 Sub.
78 (1) Allow peace officers and troopers to earn credit for 79 up to four hours of continuing professional training for time 80 spent while on duty providing drug use prevention education 81 training that utilizes evidence-based curricula to students in 82 H.
417 Page 4 As IntroducedReported schoolby districts,the communityHouse schoolsPublic establishedSafety underCommittee Chapter4973.22 83of 3314.,the STEMRevised schoolsCode, establishedprovided underthat Chapterno 3326.,such andofficer 84shall college-preparatory82 boardingbe schoolstrained at the academy unless the officer meets the 83 qualifications established underfor Chapteradmission 85to 3328.the academy and the 84 qualified nonprofit corporation police department;
bank, savings 85 and loan association, savings bank, credit union, or association 86 of thebanks, Revisedsavings Code.and loan associations, savings banks, or 87 credit unions;
86railroad (2)company; Allow a peace officer or trooper appointed by a law 87 enforcement agency to earn hours of continuing professional 88 training for other peace officers or troopers appointed by the 89 law enforcement agency by providing drug use prevention 90 education training under division (B)(1) of this section so that 91 hours earned by the peace officer or trooper providing the 92 training in excess of four hours may be applied to offset the 93 number of continuing professional training hours required of 94 another peace officer or trooper appointed by that law 95 enforcement agency.
96hospital; (3) Prohibit the use of continuing professional training 97 hours earned under division (B)(1) or (2) of this section from 98 being used to offset any mandatory hands-on training 99 requirement.
100or (4)amusement Requirepark aor peace88 officerthe toprivate completecollege trainingor onuniversity properthat 101established interactionsthe withcampus civilians89 duringpolice trafficdepartment stopsprepays andthe otherentire in-cost 102 person encounters, which training shall have an online offering 103 and shall include all of the followingtraining. topics:
104 (a) A person's90 rightsqualified duringnonprofit ancorporation interactionpolice withdepartment; a peace 105 officer, including all of the following:
106bank, (i)savings When91 aand peaceloan officerassociation, maysavings requirebank, acredit personunion, toor exitassociation a92 107of vehicle;banks, savings and loan associations, savings banks, or 93 credit unions;
108railroad (ii)company; Constitutional protections from illegal search and 109 seizure;
110hospital; (iii) The rights of a passenger in a vehicle who has been 111 H.
or amusement park or 94 a private college or university that has established a campus 95 police department is not entitled to reimbursement from the 96 state for any amount paid for the cost of training the bank, 97 savings and loan association, savings bank, credit union, or 98 association of banks, savings and loan associations, savings 99 banks, or credit unions peace officers;
the railroad company's 100 peace officers;
Show all 500 changed lines (460 more)
or the peace officers of the qualified nonprofit 101 corporation police department, campus police department, 102 hospital, or amusement park.
103 The academy shall permit investigators employed by the 104 state medical board to take selected courses that the board 105 determines are consistent with its responsibilities for initial 106 and continuing training of investigators as required under 107 sections 4730.26 and 4731.05 of the Revised Code.
The board 108 shall pay the entire cost of training that investigators receive 109 at the academy.
110 The academy shall permit tactical medical professionals 111 and fire investigators to attend training courses at the academy 112 Sub.
H.
417 Page 5 As IntroducedReported pulledby overthe forHouse aPublic trafficSafety stop;Committee that are designed to qualify the professionals and investigators 113 to carry firearms while on duty under sections 109.771 and 114 109.774 of the Revised Code and that provide training comparable 115 to training mandated under the rules required by division (A) of 116 section 109.748 and division (A) of section 109.7481 of the 117 Revised Code.
112The (iv)executive Thedirector rightof forthe aOhio citizenpeace toofficer record118 antraining encountercommission withmay acertify 113tactical peacemedical officer.professionals 119 and fire investigators who satisfactorily complete the training 120 courses.
114The (b)law Properenforcement actionsagency forserved interactingby with a civiliantactical andmedical 115121 methodsprofessional foror diffusingthe apolitical stressfulsubdivision encounterserved withby a civilian;fire 122 investigator who attends the academy may pay the tuition costs 123 of the professional or investigator.
116124 (c)The Lawsacademy regardingshall questioningpermit andcounty detentioncorrectional byofficers peaceto 117125 officers,attend includingtraining anycourses lawat requiringthe aacademy personthat are designed to present126 proofqualify 118the ofcounty identitycorrectional officers to acarry peacefirearms officer,while and127 on duty under section 109.772 of the consequencesRevised forCode aand 119that person's128 orprovide officer'straining failuremandated tounder complythe withrules thoserequired laws;by section 129 109.773 of the Revised Code.
120The (d)executive Anydirector otherof requirementsthe andOhio procedures130 necessarypeace forofficer 121training thecommission propermay implementationcertify ofcounty this131 section.correctional officers who satisfactorily complete the training 132 courses.
122The (C)county Thejail, attorneycounty generalworkhouse, shallminimum transmitsecurity a133 certifiedjail, copyjoint 123city ofand anycounty ruleworkhouse, adoptedmunicipal-county under134 thiscorrectional sectioncenter, tomulticounty-municipal correctional center, 135 municipal-county jail or workhouse, or multicounty-municipal 136 jail or workhouse served by the secretarycounty correctional officer who 137 attends the academy may pay the tuition costs of 124the state.county 138 correctional officer.
125139 (D)(B) As used in this section:
126140 (1) "Peace"Law officer"enforcement hasofficers" theinclude sameany meaningundercover asdrug in141 sectionagent, 127any 109.71bailiff or deputy bailiff of thea Revisedcourt Code.of record, and 142 Sub.
128H. (2) "Trooper" means an individual appointed as a state 129 highway patrol trooper under section 5503.01 of the Revised 130 Code.
131B. (3) "Appointing authority" means any agency or entity that 132 appoints a peace officer or trooper.
133No. Sec.
417 Page 6 As Reported by the House Public Safety Committee any criminal investigator who is employed by the state public 143 defender.
144 (2) "Undercover drug agent" means any person who:
145 (a) Is employed by a county, township, or municipal 146 corporation for the purposes set forth in division (B)(2)(b) of 147 this section but who is not an employee of a county sheriff's 148 department, of a township constable, or of the police department 149 of a municipal corporation or township;
150 (b) In the course of the person's employment by a county, 151 township, or municipal corporation, investigates and gathers 152 information pertaining to persons who are suspected of violating 153 Chapter 2925.
or 3719.
of the Revised Code, and generally does 154 not wear a uniform in the performance of the person's duties.
155 (3) "Crisis intervention training" has the same meaning as 156 in section 109.71 of the Revised Code.
157 (4) "Missing children" has the same meaning as in section 158 2901.30 of the Revised Code.
159 (5) "Companion animal" has the same meaning as in section 160 959.131 of the Revised Code.
161 Sec.
(A) No person who is convicted of or pleads 134162 guilty to a felony offense of violence committed on or after the 135163 effective date of this section May 22, 2012, or a felony 136164 violation of any provision of Chapter 959., 2923., or 2925.
of 137165 the Revised Code committed on or after the effective date of 138166 H.this section May 22, 2012, shall knowingly own, possess, have 167 custody of, or reside in a residence with either of the 168 following for a period of three years commencing either upon the 169 date of release of the person from any period of incarceration 170 imposed for the offense or violation or, if the person is not 171 Sub.
H.
417 Page 67 As IntroducedReported thisby section May 22, 2012, shall knowingly own, possess, have 139 custody of, or reside in a residence with either of the 140House followingPublic forSafety aCommittee period of three years commencing either upon the 141 date of release of the person from any period of incarceration 142 imposed for the offense or violation or, if the person is not 143 incarcerated for the offense or violation, upon the date of the 144172 person's final release from the other sanctions imposed for that 145173 the person plead guilty to or was convicted of the offense or 146174 violation:
147175 (1) An unspayed or unneutered dog older than twelve weeks 148176 of age;
149177 (2) Any dog that has been determined to be a dangerous dog 150178 under Chapter 955.
151179 (B) A person described in division (A) of this section 152180 shall microchip for permanent identification any dog owned, 153181 possessed by, or in the custody of the person.
154182 (C)(1) Division (A) of this section does not apply to any 155183 person who is confined in a correctional institution of the 156184 department of rehabilitation and correction.
157185 (2) Division (A) of this section does not apply to any 158186 person with respect to any dog that the person owned, possessed, 159187 had custody of, or resided in a residence with prior to the 160188 effective date of this section May 22, 2012.
161189 Sec.
(A) As used in this section,section: "animal abuse 162 offense" means a violation of section 959.01, 959.02, 959.03, 163 959.06, 959.13, 959.131, 959.14, 959.15, 959.16, 959.17, 959.18, 164 959.20, 959.21, or 2921.321 of the Revised Code.
165190 (B)(1) No"Animal personabuse whooffense" ismeans convicteda violation of orsection pleads191 guilty959.01, to959.02, a959.03, 166959.06, felony959.13, animal959.131, abuse959.14, offense959.15, committed192 on959.16, 959.17, 959.18, 959.20, 959.21, or after2921.321 of the effective193 167Revised H.Code.
194 (2) "Companion animal" has the same meaning as in section 195 959.131 of the Revised Code.
196 (B) No person who is convicted of or pleads guilty to a 197 felony animal abuse offense committed on or after the effective 198 date of this section shall knowingly own, possess, have custody 199 Sub.
H.
417 Page 78 As IntroducedReported dateby ofthe thisHouse sectionPublic shallSafety knowinglyCommittee own, possess, have custody 168 of, or reside in a residence with any dog.companion animal.
169200 (C) No person who is convicted of or pleads guilty to a 170201 misdemeanor animal abuse offense committed on or after the 171202 effective date of this section shall knowingly own, possess, 172203 have custody of, or reside in a residence with any dogcompanion 204 animal for a 173 period of two years commencing either upon the date 205 of release 174 of the person from any period of incarceration 206 imposed for the 175 offense or, if the person is not incarcerated 207 for the offense, 176 upon the date that the person is convicted of 208 or pleads guilty 177 to the offense.
178209 (D) Upon a person being convicted of or pleading guilty to 179210 a felony or misdemeanor animal abuse offense, the applicable 180211 court shall, within a reasonable period of time, notify the 181212 auditorboard of statecounty commissioners of the county in which the person 213 resides of such conviction or guilty plea.
182214 (E) TheA auditorboard of statecounty shallcommissioners may establish a "Do 215 Not Adopt" 183registry. registry of all persons described in divisions (B) and (C) of 184 this section.
AIf person described in division (C) of this section 185 shall only be on the registryboard forestablishes the two-year period that the 186 person is prohibited from owning, possessing, having custody of, 187 or residing in a residence"Do withNot anyAdopt" dog216 asregistry, specifiedall inof thatthe 188following division.apply:
The217 auditor(1) ofThe stateregistry shall makeinclude suchany registryperson publiclyfor 189which availablethe via218 itsboard webreceives site.a notification under division (D) of this 219 section.
190220 Sec.(2) A person described in division (C) of this section 221 shall only be on the registry for the two-year period that the 222 person is prohibited from owning, possessing, having custody of, 223 or residing in a residence with any companion animal as 224 specified in that division.
225 (3) The board shall make such registry publicly available 226 via its web site.
227 Sec.
(A) The director of agriculture shall 191228 establishSub. a statewide dangerous and vicious dog registry that 192 lists the name and address of every person who has been issued a 193 dangerous dog registration certificate from a county auditor 194 under this chapter.
TheH. director shall make the registry 195 publicly available on the department of agriculture's web site.
196 H.
417 Page 89 As IntroducedReported (B)by Eachthe countyHouse auditor,Public notSafety moreCommittee thanestablish ninetya daysstatewide afterdangerous 197and thevicious effectivedog dateregistry ofthat this229 section,lists shall submit a list of the 198name names and correspondingaddress addresses of every person who has been 199 issued a 230 dangerous dog registration certificate tofrom thea director.county auditor 231 under this chapter.
200The Thereafter,director each county auditor shall notifymake the directorregistry in232 apublicly 201available timelyon mannerthe department of anyagriculture's newweb personsite. who registers a dangerous or 202 vicious dog with the county auditor.
A233 (B) Each county auditorauditor, alsonot shallmore 203than notifyninety days after 234 the directoreffective wheneverdate of this section, shall submit a list of the county235 auditornames becomesand awarecorresponding addresses of 204every anperson addresswho changehas forbeen 236 issued a dangerous ordog viciousregistration dog.certificate to the director.
205237 (C)Thereafter, Aeach personcounty mayauditor petitionshall notify the director,director in a manner238 206timely establishedmanner byof theany director,new to have the person's name and 207 address removed from the registry if the person transferswho 208registers ownershipa of the dangerous or 239 vicious dog orwith if the dangerouscounty orauditor. 209 vicious dog dies.
210A Sec.county auditor also shall 240 notify the director whenever the county auditor becomes aware of 241 an address change for a dangerous or vicious dog.
242 (C) A person may petition the director, in a manner 243 established by the director, to have the person's name and 244 address removed from the registry if the person transfers 245 ownership of the dangerous or vicious dog or if the dangerous or 246 vicious dog dies.
247 Sec.
Prior to adopting out or transferring 211248 ownership of a dog, a dog pound operated by a municipal 212249 corporation or by a county under this chapter or a humane 213250 society established in accordance with Chapter 1717.
of the 214251 Revised Code shall ensure that the dog has been spayed or 215252 neutered.
216253 Sec.
(A)(1) Whoever violates division (E) of 217254 section 955.11 of the Revised Code because of a failure to 218255 comply with division (B) of that section is guilty of a minor 219256 misdemeanor.
220257 (2)Sub. Whoever violates division (E) of section 955.11 of the 221 Revised Code because of a failure to comply with division (C) or 222 (D) of that section is guilty of a minor misdemeanor on a first 223 offense and of a misdemeanor of the fourth degree on each 224 subsequent offense.
225 H.
417 Page 910 As IntroducedReported (B)by Whoeverthe violatesHouse sectionPublic 955.10,Safety 955.23,Committee 955.24,(2) orWhoever 226violates 955.25division (E) of section 955.11 of the 258 Revised Code because of a failure to comply with division (C) or 259 (D) of that section is guilty of a minor misdemeanor.misdemeanor on a first 260 offense and of a misdemeanor of the fourth degree on each 261 subsequent offense.
227262 (C)(B) Whoever violates section 955.261,955.10, 955.39,955.23, 955.24, or 955.50263 955.25 of 228 the Revised Code is guilty of a minor misdemeanormisdemeanor. on a first 229 offense and of a misdemeanor of the fourth degree on each 230 subsequent offense.
231264 (D)(C) Whoever violates division (F) of section 955.16955.261, 955.39, or 232955.50 division (B) of section265 955.43 of the Revised Code is guilty of 233a minor misdemeanor on a first 266 offense and of a misdemeanor of the fourth degree.degree on each 267 subsequent offense.
234268 (E)(1)(D) Whoever violates section 955.21 of the Revised 235 Code, violates division (B)(F) of section 955.22955.16 of the Revised 236 Code, or commits269 a violation of division (C)(B) of section 955.22955.43 237 of the Revised Code that involves a dog that is notguilty aof nuisance270 238 dog, dangerous dog, or vicious dog shall be fined not less than 239 twenty-five dollars or more than one hundred dollars on a firstmisdemeanor 240of offense,the andfourth ondegree. each subsequent offense shall be fined not less 241 than seventy-five dollars or more than two hundred fifty dollars 242 and may be imprisoned for not more than thirty days.
243271 (2)(E)(1) InWhoever additionviolates tosection the955.21 penalties prescribed in division 244 (E)(1) of this section, if the offenderRevised is272 guiltyCode, ofviolates a violation 245 of division (B) of section 955.22 of the Revised Code273 Code, or commits a 246 violation of division (C) of section 955.22 274 of the Revised Code 247 that involves a dog that is not a nuisance 275 dog, dangerous dog, 248 or vicious dog,dog theshall courtbe mayfined ordernot theless offenderthan to276 personallytwenty-five 249dollars superviseor themore dogthan thatone thehundred offenderdollars owns,on keeps,a orfirst harbors,277 tooffense, 250and causeon thateach dogsubsequent tooffense completeshall dogbe obediencefined training,not less 278 than seventy-five dollars or tomore dothan 251two both.hundred fifty dollars 279 and may be imprisoned for not more than thirty days.
252280 (F)(1)(2) WhoeverIn commitsaddition to the penalties prescribed in division 281 (E)(1) of this section, if the offender is guilty of a violation 282 of division (C)(B) of 253section 955.22 of the Revised Code or a 283 violation of division (C) of section 955.22 of the Revised Code 284 that involves a dog that is not a nuisance dogdog, 254dangerous H.dog, 285 or vicious dog, the court may order the offender to personally 286 Sub.
H.
417 Page 1011 As IntroducedReported isby guiltythe ofHouse aPublic minorSafety misdemeanorCommittee onsupervise the firstdog offensethat andthe ofoffender aowns, 255keeps, misdemeanoror ofharbors, theto fourth287 degreecause onthat eachdog subsequentto offensecomplete 256dog involvingobedience thetraining, sameor dog.to do 288 both.
Upon289 a(F)(1) personWhoever beingcommits convicted of or 257 pleading guilty to a third violation of division (C) of 290 section 258 955.22 of the Revised Code involvingthat theinvolves samea dog,nuisance thedog court291 259is shallguilty requireof thea offenderminor tomisdemeanor registeron the involvedfirst dogoffense asand of a 260292 dangerousmisdemeanor of the fourth degree on each subsequent offense 293 involving the same dog.
261Upon (2)a Inperson additionbeing toconvicted theof penaltiesor prescribed294 inpleading divisionguilty 262to (F)(1) of this section, if a third violation of division (C) of 263 section 295 955.22 of the Revised Code involvesinvolving athe nuisancesame dog, the 264 court may296 ordershall require the offender to personallyregister supervise the 265involved nuisance dog thatas thea offender297 owns,dangerous keeps,dog. or harbors, to cause 266 that dog to complete dog obedience training, or to do both.
267298 (G)(2) WhoeverIn commitsaddition to the penalties prescribed in division 299 (F)(1) of this section, if a violation of division (C) of 300 section 268 955.22 of the Revised Code that involves a dangerousnuisance dogdog, orthe a301 269court violationmay oforder divisionthe (D)offender ofto thatpersonally sectionsupervise isthe guilty302 ofnuisance adog 270that misdemeanor of the fourthoffender degreeowns, onkeeps, aor firstharbors, offenseto andcause of303 athat 271dog misdemeanorto ofcomplete thedog thirdobedience degreetraining, onor eachto subsequentdo offense.both.
272304 Additionally,(G) theWhoever courtcommits maya orderviolation theof offenderdivision to(C) personallyof 273section supervise305 955.22 of the dangerousRevised dogCode that theinvolves offendera owns,dangerous keeps,dog or 274a harbors,306 toviolation causeof thatdivision dog(D) toof completethat dogsection obedienceis training,guilty 275of ora to307 domisdemeanor both,of and the courtfourth maydegree orderon thea offenderfirst tooffense obtainand 276of liabilitya insurance308 pursuantmisdemeanor to division (E) of sectionthe 955.22third 277degree ofon theeach Revisedsubsequent Code.offense.
The309 court,Additionally, in the alternative,court may order 278the offender to personally 310 supervise the dangerous dog tothat bethe humanelyoffender destroyedowns, bykeeps, aor licensed311 279harbors, veterinarian,to thecause countythat dog warden,to complete dog obedience training, 312 or to do both, and the countycourt humanemay 280order societythe atoffender to obtain 313 liability insurance pursuant to division (E) of section 955.22 314 of the owner'sRevised expense.Code.
WithThe respectcourt, toin athe violationalternative, ofmay 281order division315 (C) of section 955.22 of the Revised Code that involves 282 a dangerous dog,dog untilto thebe courthumanely makesdestroyed aby final determination and 283 during the pendency of any appeal of a violationlicensed of316 thatSub. 284 division and at the discretion of the dog warden, the dog shall 285 H.
H.
417 Page 1112 As IntroducedReported beby confinedthe orHouse restrainedPublic inSafety accordanceCommittee withveterinarian, division (D) of 286 section 955.22 of the Revisedcounty Codedog warden, or at the county doghumane pound317 atsociety 287at the owner's expense.
288With (H)(1)respect Whoeverto commits a violation of 318 division (C) of 289 section 955.22 of the Revised Code that involves 319 a viciousdangerous dog, until the court makes a final determination and 320 during the pendency of any appeal of a violation of that 321 division and at the discretion of the dog 290warden, isthe guiltydog shall 322 be confined or restrained in accordance with division (D) of one323 section 955.22 of the following:Revised Code or at the county dog pound at 324 the owner's expense.
291325 (a)(H)(1) AWhoever felonycommits a violation of thedivision fourth(C) degreeof if326 section 955.22 of the dogRevised killsCode that involves a 292vicious person.dog 327 is guilty of one of the following:
Additionally,328 the(a) courtA shallfelony orderof that the viciousfourth dogdegree 293if be humanely destroyed by a licensed veterinarian, the county dog 294kills warden,a or329 theperson. county humane society at the owner's expense.
295Additionally, (b)the Acourt misdemeanorshall oforder that the firstvicious degreedog if330 be humanely destroyed by a licensed veterinarian, the county dog causes331 296warden, seriousor injurythe tocounty ahumane person.society at the owner's expense.
Additionally,332 the(b) courtA maymisdemeanor orderof 297 the viciousfirst dogdegree toif be humanely destroyed by a licensed 298 veterinarian, the county dog warden,causes or333 theserious countyinjury humaneto 299a societyperson. at the owner's expense.
300Additionally, (2) If the court doesmay not order 334 the vicious dog to be 301humanely destroyed underby divisiona (H)(1)(b)licensed of335 thisveterinarian, section, the courtcounty 302 shall issue an order that specifies that division (D) of section 303 955.11 and divisions (D) to (I) of section 955.22 of the Revised 304 Code apply with respect to the dog andwarden, the owner, keeper, or 305 harborer of the dogcounty ashumane if336 thesociety dogat were a dangerous dog and that 306 section 955.54 of the Revisedowner's Codeexpense. applies with respect to the 307 dog as if it were a dangerous dog.
As337 part(2) ofIf the order,court does not order the 308vicious dog to be 338 destroyed under division (H)(1)(b) of this section, the court 339 shall issue an order thethat offenderspecifies tothat obtaindivision the(D) liabilityof insurancesection 309340 required955.11 underand divisiondivisions (E)(1)(D) to (I) of section 955.22 of the Revised 310341 Code inapply anwith amount,respect exclusiveto ofthe interestdog and costs,the owner, keeper, or 342 harborer of the dog as if the dog were a dangerous dog and that equals343 311section or955.54 exceedsof onethe hundredRevised thousandCode dollars.applies with respect to the 344 dog as if it were a dangerous dog.
UntilAs thepart courtof makes a 312 final determination and during the pendencyorder, of any appeal of a 313 violation of division (C) of section 955.22 of the Revised345 Codecourt 314shall andorder at the discretionoffender ofto theobtain dog warden, the dogliability shallinsurance be346 315Sub. H.
H.
417 Page 1213 As IntroducedReported confinedby orthe restrainedHouse inPublic accordanceSafety withCommittee therequired provisionsunder 316 described in division (D)(E)(1) of section 955.22 of the Revised 347 Code 317in oran atamount, theexclusive countyof doginterest poundand atcosts, thethat owner'sequals expense.348 or exceeds one hundred thousand dollars.
318Until (I)the Whoevercourt violatesmakes a 349 final determination and during the pendency of any appeal of a 350 violation of division (A)(2)(C) of section 955.01955.22 of 319 the Revised Code is351 guiltyand at the discretion of athe misdemeanordog warden, the dog shall be 352 confined or restrained in accordance with the provisions 353 described in division (D) of section 955.22 of the firstRevised degree.Code 354 or at the county dog pound at the owner's expense.
320355 (J)(I) Whoever violates division (E)(2)(A)(2) of section 955.22955.01 of 321356 the Revised Code is guilty of a misdemeanor of the fourthfirst 322 degree.
323357 (K)(J) Whoever violates division (C)(E)(2) of section 955.221955.22 of 324358 the Revised Code is guilty of a minormisdemeanor misdemeanor.of the fourth 359 degree.
Each360 day(K) Whoever violates division (C) of 325section continued955.221 violationof constitutes361 the Revised Code is guilty of a separateminor offense.misdemeanor.
FinesEach leviedday 326 and collected for violations of that362 divisioncontinued shallviolation beconstitutes 327a distributedseparate byoffense. the mayor or clerk of the municipal or county 328 court in accordance with section 733.40, division (F) of section 329 1901.31, or division (C) of section 1907.20 of the Revised Code 330 to the treasury of the county, township, or municipal 331 corporation whose resolution or ordinance was violated.
332Fines (L)levied Whoever363 violatesand collected for violations of that division (F)(1),shall (2),be 364 distributed by the mayor or (3)clerk of 333the municipal or county 365 court in accordance with section 955.22733.40, division (F) of section 366 1901.31, or division (C) of section 1907.20 of the Revised Code is367 guiltyto ofthe atreasury felony of the 334county, fourthtownship, degree.or municipal 368 corporation whose resolution or ordinance was violated.
Additionally,369 the(L) courtWhoever shallviolates orderdivision that(F)(1), the(2), dogor 335(3) involvedof in370 thesection violation955.22 beof humanelythe destroyedRevised byCode ais licensedguilty 336of veterinarian,a thefelony countyof dog warden, or the county371 humanefourth 337degree. society.
UntilAdditionally, the court makesshall aorder finalthat determination and during 338 the pendencydog of372 anyinvolved appealin ofthe a violation ofbe divisionhumanely (F)(1),destroyed 339by (2),a orlicensed (3)373 ofveterinarian, section 955.22 of the Revisedcounty Code and at the 340 discretion of the dog warden, the dog shall be confined or 341 restrained in accordance with the provisions of division (D) of 342 section 955.22 of the Revised Code or at the county doghumane pound374 atsociety. 343 the owner's expense.
344Until H.the court makes a final determination and during 375 the pendency of any appeal of a violation of division (F)(1), 376 Sub.
H.
417 Page 1314 As IntroducedReported (M)by Whoeverthe violatesHouse divisionPublic (E)(1),Safety (3),Committee (2), or (4)(3) of 345 section 955.22 of the Revised Code isand guiltyat the 377 discretion of athe minordog 346warden, misdemeanor.the dog shall be confined or 378 restrained in accordance with the provisions of division (D) of 379 section 955.22 of the Revised Code or at the county dog pound at 380 the owner's expense.
347381 (N)(M) Whoever violates division (I)(4)(E)(1), (3), or (4) of 382 section 955.22 of 348 the Revised Code is guilty of a minor 383 misdemeanor.
349384 (O)(N) Whoever violates division (A)(I)(4) or (B) of section 955.54955.22 350 or division (B) or (C) of section385 955.55 of the Revised Code is 351 guilty of a misdemeanorminor ofmisdemeanor. the first degree.
352386 (P)(1)(O) IfWhoever aviolates dogdivision is(A) confinedor at(B) theof countysection dog955.54 pound387 353or pursuant to division (G),(B) (H), or (L)(C) of thissection section,955.55 of the 354Revised countyCode dogis warden388 shallguilty give written notice of thea confinementmisdemeanor 355 to the owner of the dog.first degree.
389 (P)(1) If a dog is confined at the county dog wardenpound is390 unablepursuant to 356division give(G), the(H), noticeor to(L) the owner of thethis dog,section, the 391 county dog warden 357 shall postgive thewritten notice on the door of the residenceconfinement of392 to the owner 358 of the dogdog. or in another conspicuous place on the premises at 359 which the dog was seized.
TheIf noticethe shallcounty includedog awarden statementis 360unable thatto a393 securitygive in the amountnotice ofto onethe hundredowner dollarsof isthe duedog, to 361 the county dog warden within394 tenshall dayspost tothe securenotice paymenton ofthe alldoor 362of reasonablethe expenses,residence includingof medicalthe careowner and395 boarding of the 363 dog foror sixtyin days,another expectedconspicuous toplace beon incurred by the countypremises dogat 364396 poundwhich in caring for the dog pendingwas theseized. determination.
The 365notice shall include a statement 397 that a security in the amount of one hundred dollars is due to 398 the county dog warden maywithin drawten fromdays to secure payment of all 399 reasonable expenses, including medical care and boarding of the security400 anydog actualfor costssixty 366days, expected to be incurred by the county dog 401 pound in caring for the dog.dog pending the determination.
367The (2)402 If the person ordered to post security under division 368 (P)(1) of this section does not do so within ten days of the 369 confinement of the animal, the dog is forfeited, and the county 370 dog warden may determinedraw thefrom disposition of the dogsecurity unlessany theactual 371costs court403 issuesincurred anin ordercaring thatfor specifiesthe otherwise.dog.
372404 (3)(2) NotIf morethe thanperson tenordered daysto afterpost thesecurity courtunder makesdivision a405 finalSub. 373 H.
H.
417 Page 1415 As IntroducedReported determinationby underthe divisionHouse (G),Public (H),Safety orCommittee (L)(P)(1) of this section,section 374does thenot countydo dogso wardenwithin shallten providedays of the owner406 confinement of the animal, the dog withis 375forfeited, and the actualcounty cost407 ofdog warden may determine the confinementdisposition of the dog.dog unless the 408 court issues an order that specifies otherwise.
If409 the(3) countyNot dogmore 376than wardenten findsdays thatafter the securitycourt providedmakes undera divisionfinal (P)(1)410 ofdetermination 377under thisdivision section(G), is(H), lessor than(L) the actual cost of confinementthis ofsection, 411 the 378county dog,dog thewarden owner shall remitprovide the differenceowner betweenof the securitydog 379with provided412 and the actual cost toof the countyconfinement dogof warden within 380 thirty days after the court'sdog. determination.
If the county dog 381413 warden finds that the security provided under division (P)(1) of 382414 this section is greaterless than thatthe actual cost,cost of confinement of the county415 dogdog, 383the wardenowner shall remit the difference between the security 416 provided 384 and the actual cost to the ownercounty dog warden within 417 thirty days after the 385 court's determination.
386If (Q)the Ascounty useddog in418 warden finds that the security provided under division (P)(1) of 419 this section,section "nuisanceis dog,"greater "dangerousthan 387that dog,"actual andcost, "viciousthe dog"county havedog 420 warden shall remit the samedifference meaningsbetween asthe insecurity sectionprovided 388421 955.11and ofthe actual cost to the Revisedowner Code.within thirty days after the 422 court's determination.
389423 Sec.(Q) As used in this section, "nuisance dog," "dangerous 424 dog," and "vicious dog" have the same meanings as in section 425 955.11 of the Revised Code.
426 Sec.
390427 (1) "Companion animal" means any animal that is kept 391428 inside a residential dwelling and any dog or cat regardless of 392429 where it is kept, including a pet store as defined in section 393430 956.01 of the Revised Code.
"Companion animal" does not include 394431 livestock or any wild animal.
395432 (2) "Cruelty," "torment," and "torture" have the same 396433 meanings as in section 1717.01 of the Revised Code.
397434 (3)Sub. "Residential dwelling" means a structure or shelter or 398 the portion of a structure or shelter that is used by one or 399 more humans for the purpose of a habitation.
400H. (4) "Practice of veterinary medicine" has the same meaning 401 as in section 4741.01 of the Revised Code.
402 H.
417 Page 1516 As IntroducedReported (5)by "Wildthe animal"House hasPublic theSafety sameCommittee meaning(3) as"Residential indwelling" sectionmeans 403a 1531.01structure or shelter or 435 the portion of a structure or shelter that is used by one or 436 more humans for the Revisedpurpose Code.of a habitation.
404437 (6)(4) "Federal"Practice animalof welfareveterinary act"medicine" meanshas the "Laboratorysame 405meaning Animal438 Actas in section 4741.01 of 1966,"the Pub.Revised Code.
439 (5) "Wild animal" has the same meaning as in section 440 1531.01 of the Revised Code.
441 (6) "Federal animal welfare act" means the "Laboratory 442 Animal Act of 1966," Pub.
350 (1966), 7 406443 U.S.C.A.
2131 et seq., as amended by the "Animal Welfare Act of 407444 1970," Pub.
1560 (1970), the "Animal 408445 Welfare Act Amendments of 1976," Pub.
409446 (1976), and the "Food Security Act of 1985," Pub.
99- 410447 198, 99 Stat.
1354 (1985), and as it may be subsequently 411448 amended.
412449 (7) "Dog kennel" means an animal rescue for dogs, a 413450 boarding kennel, or a training kennel.
414451 (8) "Boarding kennel" and "animal rescue for dogs" have 415452 the same meanings as in section 956.01 of the Revised Code.
416453 (9) "Training kennel" means an establishment operating for 417454 profit that keeps, houses, and maintains dogs for the purpose of 418455 training the dogs in return for a fee or other consideration.
419456 (10) "Livestock" means horses, mules, and other equidae;
420457 cattle, sheep, goats, and other bovidae;
421458 poultry;
and any 422459 other animal that is raised or maintained domestically for food 423460 or fiber.
424461 (11) "Captive white-tailed deer" has the same meaning as 425462 inSub. section 1531.01 of the Revised Code.
426H. (12) "Serious physical harm" means any of the following:
427 (a) Physical harm that carries an unnecessary or 428 unjustifiable substantial risk of death;
429 (b) Physical harm that involves either partial or total 430 H.
417 Page 1617 As IntroducedReported permanentby incapacity;the House Public Safety Committee in section 1531.01 of the Revised Code.
431463 (c)(12) Physical"Serious harmphysical thatharm" involvesmeans acute pain of a duration 432 that results in substantial suffering or that involves any 433 degree of prolongedthe orfollowing: intractable pain.
434464 (B)(a) NoPhysical personharm shallthat knowinglycarries torture,an torment,unnecessary needlessly 435 mutilate or maim,465 cruellyunjustifiable beat,substantial poison,risk needlessly kill, or 436 commit an act of crueltydeath; against a companion animal.
437466 (C)(b) NoPhysical personharm shallthat knowinglyinvolves causeeither seriouspartial physicalor harmtotal 438467 topermanent aincapacity; companion animal.
439468 (D)(c) NoPhysical personharm whothat confinesinvolves oracute whopain isof thea custodianduration or469 440that caretakerresults ofin asubstantial companionsuffering animalor shallthat negligentlyinvolves do any 470 degree of theprolonged 441or following:intractable pain.
442471 (1)(B) Torture,No person shall knowingly torture, torment, needlessly 472 mutilate or maim, cruelly beat, poison, needlessly kill, or 473 commit an act of cruelty against 443a the companion animal;animal.
444474 (2)(C) DepriveNo theperson companionshall animalknowingly ofcause necessaryserious sustenancephysical 445harm or475 confineto thea companion animalanimal. without supplying it during the 446 confinement with sufficient quantities of good, wholesome food 447 and water if it can reasonably be expected that the companion 448 animal would become sick or suffer in any other way as a result 449 of or due to the deprivation or confinement;
450476 (3)(D) ImpoundNo orperson confinewho theconfines companionor animalwho withoutis 451 affording it, during the impoundmentcustodian or confinement,477 withcaretaker accessof 452a to shelter from heat, cold, wind, rain, snow, or excessive 453 direct sunlight if it can reasonably be expected that the 454 companion animal wouldshall becomenegligently sickdo or suffer in any other way as 455 a result of or due to the lack478 offollowing: adequate shelter.
456479 (E)(1) NoTorture, persontorment, who confines or whocommit isan theact custodian or 457 caretaker of acruelty companionagainst animal480 shall recklessly deprive the 458companion H.animal;
481 (2) Deprive the companion animal of necessary sustenance 482 or confine the companion animal without supplying it during the 483 confinement with sufficient quantities of good, wholesome food 484 and water if it can reasonably be expected that the companion 485 animal would become sick or suffer in any other way as a result 486 of or due to the deprivation or confinement;
487 (3) Impound or confine the companion animal without 488 affording it, during the impoundment or confinement, with access 489 Sub.
H.
417 Page 1718 As IntroducedReported companionby animalthe ofHouse necessaryPublic sustenanceSafety Committee to shelter from heat, cold, wind, rain, snow, or confineexcessive 490 direct sunlight if it can reasonably be expected that the 459491 companion animal withoutwould supplyingbecome itsick duringor thesuffer confinementin 460any withother sufficientway quantitiesas 492 a result of good,or wholesomedue foodto andthe water.lack of adequate shelter.
461493 (F)(E) No owner,person manager,who confines or employeewho is the custodian or 494 caretaker of a dogcompanion kennelanimal whoshall 462recklessly confinesdeprive orthe is495 thecompanion custodiananimal of necessary sustenance or caretakerconfine ofthe a496 companion animal 463without shallsupplying knowinglyit doduring anythe confinement 497 with sufficient quantities of thegood, following:wholesome food and water.
464498 (1)(F) Torture,No torment,owner, needlesslymanager, mutilate or maim,employee cruellyof 465a beat,dog poison,kennel needlesslywho kill,499 confines or commitis anthe actcustodian or caretaker of crueltya 466companion againstanimal the500 companionshall animal;knowingly do any of the following:
467501 (2)(1) DepriveTorture, thetorment, companionneedlessly animalmutilate of necessary sustenance 468 or confinemaim, thecruelly companion502 animalbeat, withoutpoison, supplyingneedlessly itkill, duringor thecommit 469an confinementact with sufficient quantities of good,cruelty wholesome503 foodagainst 470 and water if it is reasonably expected that the companion animalanimal; 471 would die or experience unnecessary or unjustifiable pain or 472 suffering as a result of the deprivation or confinement;
473504 (3)(2) ImpoundDeprive or confine the companion animal withoutof 474necessary affordingsustenance it,505 duringor confine the impoundmentcompanion oranimal confinement,without withsupplying accessit 475during tothe shelter506 fromconfinement heat,with cold,sufficient wind,quantities rain,of snow,good, orwholesome excessivefood 476507 directand sunlightwater if it is reasonably expected that the companion 477 animal 508 would die or experience unnecessary or unjustifiable pain 478 or 509 suffering as a result of or due to the lackdeprivation ofor adequateconfinement; 479 shelter.
480510 (G)(3) NoImpound owner,or manager,confine the companion animal without 511 affording it, during the impoundment or employeeconfinement, ofwith aaccess dog512 kennelto whoshelter 481from confinesheat, cold, wind, rain, snow, or excessive 513 direct sunlight if it is reasonably expected that the custodiancompanion 514 animal would die or caretakerexperience ofunnecessary aor companionunjustifiable animalpain 482515 shallor negligentlysuffering doas anya result of or due to the following:lack of adequate 516 shelter.
483517 (1)(G) Torture,No torment,owner, manager, or commitemployee an act of crueltya againstdog 484kennel thewho companion518 animal;Sub.
485 (2) Deprive the companion animal of necessary sustenance 486 or confine the companion animal without supplying it during the 487 H.
417 Page 1819 As IntroducedReported confinementby withthe sufficientHouse quantitiesPublic ofSafety good,Committee wholesomeconfines foodor 488is andthe watercustodian ifor itcaretaker canof reasonablya be expected that the companion 489 animal would519 becomeshall sicknegligently ordo suffer in any other way as a result 490 of or due to the deprivationfollowing: or confinement;
491520 (3)(1) ImpoundTorture, ortorment, confine the companion animal without 492 affording it, during the impoundment or confinement,commit withan accessact 493of tocruelty shelteragainst from521 heat, cold, wind, rain, snow, or excessive 494 direct sunlight if it can reasonably be expected that the 495 companion animalanimal; would become sick or suffer in any other way as 496 a result of or due to the lack of adequate shelter.
497522 (H)(2) NoDeprive person,the exceptcompanion asanimal authorizedof bynecessary law,sustenance shall523 498or knowinglyconfine treatthe acompanion animal without supplying it during the 524 confinement with sufficient quantities of good, wholesome food 525 and water if it can reasonably be expected that the companion 526 animal corpsewould become sick or suffer in aany other way thatas woulda 499result outrage527 reasonableof communityor sensibilities.due to the deprivation or confinement;
500528 (I)(3) DivisionsImpound (B),or (C),confine (D),the (E),companion (F),animal andwithout (G)529 toaffording (H)it, ofduring 501the thisimpoundment sectionor doconfinement, notwith applyaccess 530 to shelter from heat, cold, wind, rain, snow, or excessive 531 direct sunlight if it can reasonably be expected that the 532 companion animal would become sick or suffer in any other way as 533 a result of or due to the following:lack of adequate shelter.
502534 (1)(H) ANo companionperson, animalexcept usedas inauthorized scientificby researchlaw, 503shall conducted535 byknowingly antreat institutiona incompanion accordanceanimal withcorpse thein federala 504way animalthat welfarewould act536 andoutrage relatedreasonable regulations;community sensibilities.
505537 (2)(I) TheDivisions lawful(B), practice(C), of(D), veterinary(E), medicine(F), byand a(G) personto 506(H) whoof has538 beenthis issuedsection ado license,not temporaryapply permit, or registration 507 certificate to doany soof underthe Chapterfollowing: 4741.
539 (1) A companion animal used in scientific research 540 conducted by an institution in accordance with the federal 541 animal welfare act and related regulations;
542 (2) The lawful practice of veterinary medicine by a person 543 who has been issued a license, temporary permit, or registration 544 certificate to do so under Chapter 4741.
508545 (3) Dogs being used or intended for use for hunting or 509546 fieldSub. trial purposes, provided that the dogs are being treated 510 in accordance with usual and commonly accepted practices for the 511 care of hunting dogs;
512H. (4) The use of common training devices, if the companion 513 animal is being treated in accordance with usual and commonly 514 accepted practices for the training of animals;
515 H.
417 Page 1920 As IntroducedReported (5)by Thethe administeringHouse ofPublic medicineSafety toCommittee afield companiontrial animalpurposes, 516provided that wasthe properlydogs prescribedare bybeing atreated person547 whoin hasaccordance beenwith issuedusual aand 517commonly license,accepted temporarypractices permit,for orthe registration548 certificatecare underof 518hunting Chapterdogs; 4741.
549 (4) The use of common training devices, if the companion 550 animal is being treated in accordance with usual and commonly 551 accepted practices for the training of animals;
552 (5) The administering of medicine to a companion animal 553 that was properly prescribed by a person who has been issued a 554 license, temporary permit, or registration certificate under 555 Chapter 4741.
519556 (I) (J) Notwithstanding any section of the Revised Code 520557 that otherwise provides for the distribution of fine moneys, the 521558 clerk of court shall forward all fines the clerk collects that 522559 are so imposed for any violation of this section to the 523560 treasurer of the political subdivision or the state, whose 524561 county humane society or law enforcement agency is to be paid 525562 the fine money as determined under this division.
The treasurer 526563 to whom the fines are forwarded shall pay the fine moneys to the 527564 county humane society or the county, township, municipal 528565 corporation, or state law enforcement agency in this state that 529566 primarily was responsible for or involved in the investigation 530567 and prosecution of the violation.
If a county humane society 531568 receives any fine moneys under this division, the county humane 532569 society shall use the fine moneys either to provide the training 533570 that is required for humane society agents under section 534571 1717.061 of the Revised Code or to provide additional training 535572 for humane society agents.
536573 Sec.
(A) Whoever violates section 959.18 or 959.19 537574 of the Revised Code is guilty of a minor misdemeanor.
538575 (B)Sub. Except as otherwise provided in this division, whoever 539 violates section 959.02 of the Revised Code is guilty of a 540 misdemeanor of the second degree.
IfH. the value of the animal 541 killed or the injury done amounts to three hundred dollars or 542 more, whoever violates section 959.02 of the Revised Code is 543 guilty of a misdemeanor of the first degree.
544 (C) Whoever violates section 959.03, 959.06, division (C) 545 H.
417 Page 2021 As IntroducedReported ofby sectionthe 959.09,House 959.12,Public orSafety 959.17Committee or(B) divisionExcept (A)as ofotherwise sectionprovided 546in 959.15this division, whoever 576 violates section 959.02 of the Revised Code is guilty of a 577 misdemeanor of the 547second fourth degree.
548If (D)the Whoevervalue violatesof divisionthe (A)animal of578 sectionkilled 959.13or the injury done amounts to three hundred dollars or 549579 more, whoever violates section 959.21959.02 of the Revised Code is 580 guilty of a misdemeanor of 550 the secondfirst degree.
In581 addition,(C) theWhoever courtviolates maysection order959.03, the959.06, offenderdivision 551(C) to582 forfeitof thesection animal959.09, 959.12, or livestock959.17 andor maydivision provide(A) forof itssection 552583 disposition,959.15 including,of butthe notRevised limitedCode to,is theguilty saleof a misdemeanor of the 553584 animalfourth ordegree. livestock.
If585 an(D) animalWhoever orviolates livestockdivision is(A) forfeitedof andsection 554959.13 soldor pursuant586 tosection this959.21 division,of the proceedsRevised fromCode theis saleguilty firstof 555a shallmisdemeanor be applied to pay the expenses incurred with regard to the 556 care of the587 animal from the timesecond itdegree. was taken from the custody 557 of the former owner.
TheIn balanceaddition, ofthe court may order the proceedsoffender from588 to forfeit the sale,animal 558or iflivestock any,and shallmay beprovide paidfor toits the589 formerdisposition, ownerincluding, but not limited to, the sale of the animal.590 animal or livestock.
559If (E)(1)an Whoeveranimal violatesor divisionlivestock (B)is orforfeited (E)and of591 sectionsold 560pursuant 959.131to ofthis division, the Revisedproceeds Codefrom isthe guiltysale offirst a592 misdemeanorshall ofbe theapplied 561to firstpay degreethe onexpenses aincurred firstwith offenseregard andto athe felony593 care of the fifthanimal degreefrom 562the ontime eachit subsequentwas offense.taken from the custody 594 of the former owner.
563The (2)balance Whoeverof violatesthe divisionproceeds (C)from ofthe sectionsale, 959.131595 ofif 564any, theshall Revisedbe Codepaid isto guiltythe offormer aowner felony of the fifthanimal. degree.
565596 (3)(E)(1) Whoever violates sectiondivision 959.01(B) of the Revised Code or 566(E) division (D) of section 597 959.131 of the Revised Code is guilty of 567 a misdemeanor of the second598 first degree on a first offense and a 568felony misdemeanor of the firstfifth degree 599 on each subsequent offense.
569600 (4)(2) Whoever violates division (F)(C) of section 959.131 of 570601 the Revised Code is guilty of a felony of the fifth degree.
571602 (5)(3) Whoever violates section 959.01 of the Revised Code or 603 division (G)(D) of section 959.131 of 572 the Revised Code is guilty of a604 misdemeanorSub. of the first degree.
573 (6)(a) (6) Whoever violates division (H) of section 574 H.
417 Page 2122 As IntroducedReported 959.131by of the RevisedHouse CodePublic isSafety guiltyCommittee of a misdemeanor of the 575second first degree on a first offense and a felony605 misdemeanor of the fifthfirst degree 576 on aeach second or subsequent offense.
In606 addition,(4) ifWhoever aviolates persondivision is(F) 577 convicted of orsection pleads959.131 guiltyof to607 such a violation, the courtRevised 578Code shallis imposeguilty of a requirementfelony thatof the offenderfifth undergodegree. 579 psychological evaluation or counseling in addition to any other 580 criminal penalty.
The608 court(5) shallWhoever orderviolates thedivision offender(G) toof paysection 959.131 of 609 the 581Revised costsCode is guilty of thea evaluationmisdemeanor orof counseling.the first degree.
582610 (7)(a)(6)(a) A(6) courtWhoever mayviolates orderdivision a(H) person who is convicted of or 583 pleads guilty to a violation of section 611 959.131 of the Revised 584 Code tois forfeitguilty toof ana impoundingmisdemeanor agency,of asthe defined612 infirst sectiondegree 585on 959.132a offirst theoffense Revisedand Code,a anyfelony or all of the companionfifth animalsdegree 586613 inon thata person'ssecond ownership or care.subsequent offense.
TheIn courtaddition, alsoif maya prohibitperson 587is 614 convicted of or placepleads limitationsguilty onto thesuch person'sa abilityviolation, tothe owncourt or615 careshall forimpose 588a anyrequirement companionthat animalsthe foroffender aundergo specified616 psychological evaluation or indefinitecounseling periodin ofaddition 589to time.any other 617 criminal penalty.
590The (b) A court mayshall order a person who is convicted of or 591 pleads guilty to a violation of division (A) of section 959.13 592 or section 959.131 of the Revisedoffender Code to reimbursepay an 593 impounding agency for the reasonable618 and necessary costs 594 incurred by the agency for the care of an animal or livestock 595 that the agencyevaluation impounded as a result of the investigation or 596counseling. prosecution of the violation, provided that the costs were not 597 otherwise paid under section 959.132 of the Revised Code.
598619 (7)(7)(a) (8)A If a court hasmay reasonorder to believe that a person who 599 is convicted of or 620 pleads guilty to a violation of section 600 959.131 or 959.21 of the Revised 621 Code hasto aforfeit mentalto oran emotionalimpounding 601agency, disorderas thatdefined contributedin tosection the622 violation,959.132 of the courtRevised mayCode, imposeany 602 as a community control sanction or asall a condition of probationthe acompanion 603animals requirement623 in that theperson's offenderownership undergoor psychologicalcare. evaluation 604 H.
The court also may prohibit 624 or place limitations on the person's ability to own or care for 625 any companion animals for a specified or indefinite period of 626 time.
627 (b) A court may order a person who is convicted of or 628 pleads guilty to a violation of division (A) of section 959.13 629 or section 959.131 of the Revised Code to reimburse an 630 impounding agency for the reasonable and necessary costs 631 incurred by the agency for the care of an animal or livestock 632 that the agency impounded as a result of the investigation or 633 Sub.
H.
417 Page 2223 As IntroducedReported orby counseling.the House Public Safety Committee prosecution of the violation, provided that the costs were not 634 otherwise paid under section 959.132 of the Revised Code.
The635 (7) (8) If a court shallhas orderreason to believe that a person who 636 is convicted of or pleads guilty to a violation of section 637 959.131 or 959.21 of the offenderRevised Code has a mental or emotional 638 disorder that contributed to paythe violation, the 605court costsmay impose 639 as a community control sanction or as a condition of probation a 640 requirement that the offender undergo psychological evaluation 641 or counseling.
606The (F)court Whoevershall violatesorder section 959.14 of the Revisedoffender Codeto ispay 607 guilty of a misdemeanor of the second642 degreecosts on a first offense 608 and a misdemeanor of the firstevaluation degreeor oncounseling. each subsequent 609 offense.
610643 (G)(F) Whoever violates section 959.05959.14 or 959.20 of the 611 Revised Code is 644 guilty of a misdemeanor of the second degree on a first degree.offense 645 and a misdemeanor of the first degree on each subsequent 646 offense.
612647 (H)(G) Whoever violates section 959.16959.05 or 959.20 of the 648 Revised Code is 613 guilty of a felonymisdemeanor of the fourth degree for a first offensedegree. and 614 a felony of the third degree on each subsequent offense.
615649 (I)(H) Whoever violates division (B) or (C) of section 959.15959.16 616 of the Revised Code is 650 guilty of a felony of the fourth degree for a first offense and shall651 bea finedfelony notof 617the morethird thandegree tenon thousandeach dollars.subsequent offense.
618652 (J)(1)(I) AsWhoever usedviolates indivision divisions(B) (J)(2)or and(C) (3) of thissection 619959.15 section,653 "animalof abusethe offense"Revised meansCode ais violationguilty of sectiona 620felony 959.01,and 959.02,shall 959.03,be 959.06,fined 959.13,not 959.131,654 959.14,more 959.15,than 621ten 959.16,thousand 959.17,dollars. 959.18, 959.20, or 959.21 of the Revised Code.
622655 (2)(J)(1) NotwithstandingAs anyused otherin provisiondivisions of(J)(2) lawand to(3) theof 623this contrary,656 thesection, court"animal shallabuse imposeoffense" asmeans a financialviolation sanction a 624 mandatory fine of twosection thousand657 five959.01, hundred959.02, dollars959.03, if959.06, a959.13, person959.131, 625959.14, is959.15, convicted658 of959.16, or959.17, pleads959.18, guilty959.20, to an animal abuse offense that 626 is a misdemeanor or a959.21 fifthof degreethe felony.Revised Code.
627659 (3)(2) Notwithstanding any other provision of law to the 628660 contrary, if a person is convicted of or pleads guilty to a 629 fourth degree felony animal abuse offense or a third degree 630 felony animal abuse offense, the court shall impose as a 631 financial sanction a 661 mandatory fine of not less than two thousand five 632 hundred dollars andif nota moreperson than662 theSub. maximum financial sanction 633 H.
H.
417 Page 2324 As IntroducedReported allowedby underthe sectionHouse 2929.18Public Safety Committee is convicted of theor Revisedpleads Code.guilty to an animal abuse offense that 663 is a misdemeanor or a fifth degree felony.
634664 Sec.(3) Notwithstanding any other provision of law to the 665 contrary, if a person is convicted of or pleads guilty to a 666 fourth degree felony animal abuse offense or a third degree 667 felony animal abuse offense, the court shall impose as a 668 financial sanction a fine of not less than two thousand five 669 hundred dollars and not more than the maximum financial sanction 670 allowed under section 2929.18 of the Revised Code.
671 Sec.
(A) No person shall knowingly cause, or 635672 attempt to cause, physical harm to a police dog or horse in 636673 either of the following circumstances:
637674 (1) The police dog or horse is assisting a law enforcement 638675 officer in the performance of the officer's official duties at 639676 the time the physical harm is caused or attempted.
640677 (2) The police dog or horse is not assisting a law 641678 enforcement officer in the performance of the officer's official 642679 duties at the time the physical harm is caused or attempted, but 643680 the offender has actual knowledge that the dog or horse is a 644681 police dog or horse.
645682 (B) No person shall recklessly do any of the following:
646683 (1) Taunt, torment, or strike a police dog or horse;
647684 (2) Throw an object or substance at a police dog or horse;
648685 (3) Interfere with or obstruct a police dog or horse, or 649686 interfere with or obstruct a law enforcement officer who is 650687 being assisted by a police dog or horse, in a manner that does 651688 any of the following:
652689 (a) Inhibits or restricts the law enforcement officer's 653690 controlSub. of the police dog or horse;
654H. (b) Deprives the law enforcement officer of control of the 655 police dog or horse;
656 (c) Releases the police dog or horse from its area of 657 control;
658 (d) Enters the area of control of the police dog or horse 659 without the consent of the law enforcement officer, including 660 H.
417 Page 2425 As IntroducedReported placingby foodthe orHouse anyPublic otherSafety objectCommittee orcontrol substanceof intothe thatpolice area;dog or horse;
661691 (e)(b) InhibitsDeprives orthe restrictslaw theenforcement abilityofficer of control of the 692 police dog or 662horse; horse to assist a law enforcement officer.
663693 (4)(c) EngageReleases inthe anypolice conductdog that is likely to cause serious 664 physical injury or deathhorse tofrom aits policearea dogof or694 horse;control;
665695 (5)(d) IfEnters the personarea isof thecontrol owner, keeper, or harborer of a 666 dog, fail to reasonably restrain the dog from taunting, 667 tormenting, chasing, approaching in a menacing fashion or 668 apparent attitude of attack, or attempting to bite or otherwise 669 endanger a police dog or horse that696 atwithout the timeconsent of the conduct, 670 the police dog or horse is assisting a law enforcement officerofficer, 671including in697 theplacing performancefood ofor theany officer'sother dutiesobject or thatsubstance theinto personthat 672area; knows is a police dog or horse.
673698 (C)(e) NoInhibits personor shallrestricts knowinglythe cause,ability orof attemptthe topolice cause,dog 674or physical699 harmhorse to anassist assistancea doglaw inenforcement eitherofficer. of the following 675 circumstances:
676700 (1)(4) TheEngage dog,in atany theconduct timethat the physical harm is causedlikely orto 677cause attempted,serious is701 assistingphysical orinjury serving a person who is blind, deaf, 678 or hearingdeath impairedto or a personpolice withdog aor mobilityhorse; impairment.
679702 (2)(5) TheIf dog,the atperson is the timeowner, keeper, or harborer of a 703 dog, fail to reasonably restrain the physicaldog harmfrom istaunting, caused704 tormenting, chasing, approaching in a menacing fashion or 680705 attempted,apparent isattitude notof assistingattack, or servingattempting ato personbite whoor isotherwise blind,706 681endanger deaf,a police dog or hearinghorse impairedthat at the time of the conduct, 707 the police dog or ahorse personis withassisting a mobilitylaw 682enforcement impairment,officer but708 in the offenderperformance hasof actualthe knowledgeofficer's duties or that the dogperson 683709 knows is ana assistancepolice dog.dog or horse.
684710 (D)(C) No person shall recklesslyknowingly docause, anyor attempt to cause, 711 physical harm to an assistance dog in either of the following:following 712 circumstances:
685713 (1) Taunt,The torment,dog, at the time the physical harm is caused or strike714 anattempted, assistanceis dog;assisting or serving a person who is blind, deaf, 715 or hearing impaired or a person with a mobility impairment.
686716 (2) ThrowThe andog, objectat the time the physical harm is caused or substance717 atattempted, anis assistancenot dog;assisting or serving a person who is blind, 718 Sub.
687 H.
417 Page 2526 As IntroducedReported (3)by Interferethe withHouse orPublic obstructSafety anCommittee assistance dog, or 688 interfere with or obstruct a person who is blind, deaf, or 689 hearing impaired or a person with a mobility impairment719 whoimpairment, isbut 690the beingoffender assistedhas oractual servedknowledge by an assistance dog, in a manner that 691the doesdog any720 ofis thean following:assistance dog.
692721 (a)(D) InhibitsNo orperson restrictsshall therecklessly assisteddo orany served person's 693 control of the dog;following:
694722 (b)(1) DeprivesTaunt, thetorment, assisted or servedstrike personan ofassistance control of 695 the dog;
696723 (c)(2) ReleasesThrow thean dogobject fromor itssubstance areaat ofan control;assistance dog;
697724 (d)(3) EntersInterfere thewith areaor ofobstruct controlan ofassistance thedog, dogor without725 theinterfere 698with consentor ofobstruct thea assistedperson orwho servedis person,blind, includingdeaf, placingor food726 699hearing impaired or anya otherperson objectwith a mobility impairment who is 727 being assisted or substanceserved intoby an assistance dog, in a manner that area;728 does any of the following:
700729 (e)(a) Inhibits or restricts the abilityassisted ofor theserved dogperson's to730 assistcontrol 701of the assisteddog; or served person.
702731 (4)(b) EngageDeprives inthe anyassisted conductor thatserved isperson likelyof tocontrol causeof serious732 703the physical injury or death to an assistance dog;
704733 (5)(c) IfReleases the person is the owner, keeper, or harborer of a 705 dog, fail to reasonably restrain the dog from taunting,its 706area tormenting, chasing, approaching in a menacing fashion or 707 apparent attitude of attack,control; or attempting to bite or otherwise 708 endanger an assistance dog that at the time of the conduct is 709 assisting or serving a person who is blind, deaf, or hearing 710 impaired or a person with a mobility impairment or that the 711 person knows is an assistance dog.
712734 (E)(1)(d) WhoeverEnters violatesthe divisionarea (A) of thiscontrol sectionof isthe 713dog guiltywithout ofthe assaulting735 aconsent policeof dogthe assisted or horse,served andperson, shallincluding beplacing 714food punished736 asor providedany inother divisionsobject (E)(1)(a)or andsubstance (b)into ofthat thisarea; 715 H.
737 (e) Inhibits or restricts the ability of the dog to assist 738 the assisted or served person.
739 (4) Engage in any conduct that is likely to cause serious 740 physical injury or death to an assistance dog;
741 (5) If the person is the owner, keeper, or harborer of a 742 dog, fail to reasonably restrain the dog from taunting, 743 tormenting, chasing, approaching in a menacing fashion or 744 apparent attitude of attack, or attempting to bite or otherwise 745 Sub.
H.
417 Page 2627 As IntroducedReported section.by the House Public Safety Committee endanger an assistance dog that at the time of the conduct is 746 assisting or serving a person who is blind, deaf, or hearing 747 impaired or a person with a mobility impairment or that the 748 person knows is an assistance dog.
716749 (a)(E)(1) ExceptWhoever asviolates otherwisedivision provided(A) inof this division,section 717is 750 guilty of assaulting a police dog or horsehorse, isand ashall misdemeanorbe of751 thepunished secondas 718provided degree.in divisions (E)(1)(a) and (b) of this 752 section.
If753 the(a) violationExcept resultsas inotherwise theprovided deathin ofthis thedivision, police754 dog 719 or horse, assaulting a police dog or horse is a felonymisdemeanor of the 720second third755 degree and the court shall impose as a mandatory prison 721 term one of the definite prison terms prescribed in division (A) 722 (3)(b) of section 2929.14 of the Revised Code for a felony of 723 the third degree.
If the violation results in seriousthe physicaldeath 724of harmthe topolice thedog 756 or horse, assaulting a police dog or horse otheris thana itsfelony death,of assaultingthe 725757 third degree and the court shall impose as a policemandatory dogprison or758 horseterm isone of the definite prison terms prescribed in division (A) 759 (3)(b) of section 2929.14 of the Revised Code for a felony of 760 the fourththird degree.
If the 726 violation results in serious physical 761 harm to the police dog or horse 727 other than deathits ordeath, serious physical harm, assaulting 762 a police 728 dog or horse is a misdemeanorfelony of the firstfourth degree.
729If (b) In addition to any other sanction imposed for 730 assaulting a police dog or horse, if the 763 violation of division 731 (A) of this section results in thephysical deathharm ofto the police dog or 732horse horse,764 theother sentencingthan courtdeath shallor imposeserious asphysical aharm, financialassaulting sanction 733 a mandatorypolice fine765 underdog divisionor (B)(10)horse ofis sectiona 2929.18misdemeanor of 734 the Revisedfirst Code.degree.
The766 fine(b) shallIn beaddition paid to any other sanction imposed for 767 assaulting a police dog or horse, if the lawviolation enforcementof 735division agency768 that(A) wasof servedthis bysection results in the death of the police dog or horse769 thathorse, wasthe 736sentencing killed,court and shall beimpose usedas bya thatfinancial agencysanction only770 fora onemandatory orfine moreunder division (B)(10) of 737section 2929.18 of 771 the followingRevised purposes:Code.
738The (i)fine Ifshall thebe dogpaid or horse was not owned by the agency, the 739 payment to the ownerlaw ofenforcement the772 dogagency orthat horsewas ofserved theby cost of the dogpolice 740 or horse and the cost of the training of the dog or horse tothat 741was qualify773 itkilled, asand ashall policebe dogused orby horse, if that costagency hasonly notfor 742one previouslyor beenmore paidof by774 the agency;following purposes:
743775 (ii)Sub. After payment of the costs described in division (E) 744 (1)(b)(i) of this section, if applicable, payment of the cost of 745 H.
H.
417 Page 2728 As IntroducedReported replacingby the House Public Safety Committee (i) If the dog or horse was not owned by the agency, the 776 payment to the owner of the dog or horse of the cost of the dog 777 or horse and the cost of the training of the dog or horse to 778 qualify it as a police dog or horse, if that wascost killed;has not 779 previously been paid by the agency;
746780 (iii)(ii) After payment of the costs described in division (E) 747781 (1)(b)(i) of this section, if applicable, payment of the cost of 748782 trainingreplacing the replacement dog or horse tothat qualifywas itkilled; as a police 749 dog or horse;
750783 (iv)(iii) After payment of the costs described in division (E) 751784 (1)(b)(i) of this section, if applicable, payment of the cost of 752785 further training of the replacement dog or horse that is needed 753 to trainqualify it toas thea levelpolice of786 training that had been achieved by 754 the dog or horsehorse; that was killed.
755787 (2)(iv) WhoeverAfter violatespayment of the costs described in division (B)(E) 788 (1)(b)(i) of this sectionsection, if applicable, payment of the cost of 789 further training of the replacement dog or horse that is 756needed guilty790 to train it to the level of harassingtraining athat policehad been achieved by 791 the dog or horse.horse that was killed.
Except792 as(2) otherwiseWhoever 757violates provideddivision in(B) of this division,section is 793 guilty of harassing a police dog or horsehorse. is a 758 misdemeanor of the second degree.
IfExcept theas violationotherwise results794 provided in 759this thedivision, death of the police dog or horse, harassing a police dog or 760 horse is a felony795 misdemeanor of the thirdsecond degree.
If the violation results 761 in serious796 physicalthe harmdeath toof the police dog or horse, but does 762 not result in its death, harassing a police dog or horse,797 horse is a 763 felony of the fourththird degree.
If the violation results 798 in 764serious physical harm to the police dog or horse, but does 799 not result in 765 its deathdeath, or in serious physical harm to it, harassing a police 766 dog or horsehorse, is a misdemeanor800 felony of the firstfourth degree.
767If (3)the Whoeverviolation violatesresults divisionin (C)801 ofphysical thisharm sectionto the police dog or horse, but does not result in 802 its death or in serious physical harm to it, harassing a police 803 dog or horse is 768a guiltymisdemeanor of assaultingthe anfirst assistancedegree. dog.
Except804 asSub. otherwise 769 provided in this division, assaulting an assistance dog is a 770 misdemeanor of the second degree.
IfH. the violation results in 771 the death of the assistance dog, assaulting an assistance dog is 772 a felony of the third degree.
If the violation results in 773 serious physical harm to the assistance dog other than its 774 death, assaulting an assistance dog is a felony of the fourth 775 H.
417 Page 2829 As IntroducedReported degree.by the House Public Safety Committee (3) Whoever violates division (C) of this section is 805 guilty of assaulting an assistance dog.
IfExcept theas violationotherwise results806 provided in physicalthis harmdivision, to the 776 assistance dog other than death or serious physical harm, 777 assaulting an assistance dog is a 807 misdemeanor of the firstsecond 778 degree.
779If (4)the Whoeverviolation violatesresults divisionin (D)808 the death of thisthe sectionassistance dog, assaulting an assistance dog is 780809 guiltya felony of harassingthe anthird assistancedegree. dog.
ExceptIf asthe otherwiseviolation 781results provided in this810 division,serious harassingphysical harm to the assistance dog other than its 811 death, assaulting an assistance dog is a 782felony misdemeanor of the secondfourth 812 degree.
If the violation results in 783physical harm to the 813 assistance dog other than death ofor theserious assistancephysical dog,harm, harassing814 assaulting an assistance dog is 784 a felonymisdemeanor of the thirdfirst 815 degree.
If816 the(4) violationWhoever resultsviolates indivision 785(D) seriousof physicalthis harmsection tois the817 assistanceguilty dog,of but does not result 786 in its death, harassing an assistance dogdog. is a felony of the 787 fourth degree.
IfExcept theas violationotherwise results818 inprovided physical harm to the 788 assistance dog, but does not result in itsthis deathdivision, or in serious 789 physical harm to it, harassing an assistance dog is a 790819 misdemeanor of the firstsecond degree.
791If (5)the Inviolation additionresults toin any820 other sanction or penalty imposed 792 for the offensedeath under this section, Chapter 2929., or any other 793 provision of the Revisedassistance Code,dog, whoeverharassing violatesan divisionassistance (A),dog 794 (B), (C), or (D) of this section is responsible821 fora thefelony payment 795 of all of the following:third degree.
796If (a) Any veterinary bill or bill for medication incurred as 797 a result of the violation byresults thein police822 departmentserious regardingphysical aharm 798to violation of division (A) or (B) of this section or by the 799assistance persondog, whobut isdoes blind,not deaf,result or823 hearingin impairedits ordeath, theharassing personan 800 with a mobility impairment assisted or served by the assistance 801 dog regardingis a violationfelony of divisionthe (C)824 orfourth (D)degree. of this 802 section;
803If (b)the Theviolation costresults ofin anyphysical damagedharm equipmentto thatthe results825 fromassistance 804dog, but does not result in its death or in serious 826 physical harm to it, harassing an assistance dog is a 827 misdemeanor of the violation;first degree.
805828 H.(5) In addition to any other sanction or penalty imposed 829 for the offense under this section, Chapter 2929., or any other 830 provision of the Revised Code, whoever violates division (A), 831 (B), (C), or (D) of this section is responsible for the payment 832 of all of the following:
833 (a) Any veterinary bill or bill for medication incurred as 834 Sub.
H.
417 Page 2930 As IntroducedReported (c)by If the violationHouse didPublic notSafety resultCommittee in the death of the 806 police dog or horse or the assistance dog that was the subject 807 of the violation and if, as a result of that dog or horse being 808 the subjectviolation ofby the violation,police thedepartment dogregarding or horse needs further 809 training or retraining to be able to continue in the capacity of 810 a police835 dogviolation or horse or an assistance dog, the cost of anydivision 811(A) further training or retraining(B) of thatthis dogsection or horse by a law 812 enforcement officer or by the 836 person who is blind, deaf, or 813 hearing impaired or the person 837 with a mobility impairment 814 assisted or served by the assistance dog;838 dog regarding a violation of division (C) or (D) of this 839 section;
815840 (d)(b) IfThe the violation resulted in the death of the 816 assistance dog that was the subject of the violation or resulted 817 in serious physical harm to the police dog or horse or the 818 assistance dog or horse that was the subject of the violation to 819 the extent that the dog or horse needs to be replaced on either 820 a temporary or a permanent basis, the cost of replacing that dog 821 or horse and of any furtherdamaged trainingequipment of a new police dog or 822 horse or a new assistance dog by a law enforcement officer or by 823 the person who is blind, deaf, or hearing impaired or the person 824 with a mobility impairment assisted or served by the assistance 825 dog, which replacement or training is required because of the 826 death of or the serious physical harm to the dog or horse that 827results wasfrom the841 subject of the violation.violation;
828842 (F)(c) (F)(1)If Notwithstandingthe anyviolation otherdid provisionnot ofresult lawin tothe 829death of the contrary843 andpolice indog additionor tohorse anyor coststhe imposedassistance underdog divisionthat 830was (E)(5)the subject 844 of thisthe section,violation ifand if, as a personresult isof convictedthat dog or horse being 845 the subject of the violation, the dog or pleadshorse 831needs guiltyfurther 846 training or retraining to be able to continue in the capacity of 847 a misdemeanorpolice offensedog underor thishorse section,or an assistance dog, the courtcost 832of shallany impose848 asfurther training or retraining of that dog or horse by a financiallaw sanction849 enforcement officer or by the person who is blind, deaf, or 850 hearing impaired or the person with a mandatorymobility fineimpairment of851 twoassisted 833or thousandserved fiveby hundredthe dollars.assistance dog;
834852 (2)(d) NotwithstandingIf the violation resulted in the death of the 853 assistance dog that was the subject of the violation or resulted 854 in serious physical harm to the police dog or horse or the 855 assistance dog or horse that was the subject of the violation to 856 the extent that the dog or horse needs to be replaced on either 857 a temporary or a permanent basis, the cost of replacing that dog 858 or horse and of any otherfurther provisiontraining of a new police dog or 859 horse or a new assistance dog by a law enforcement officer or by 860 the person who is blind, deaf, or hearing impaired or the person 861 with a mobility impairment assisted or served by the assistance 862 dog, which replacement or training is required because of the 863 death of or the serious physical harm to the 835dog H.or horse that 864 Sub.
H.
417 Page 3031 As IntroducedReported contraryby and in addition to any costs imposed under division (E) 836 (5) of this section, if a person is convicted of or pleads 837 guilty to a fourth degree or a third degree felony offense under 838 this section, other than a felony offense described in division 839 (E)(1)(a) of this section, the courtHouse shallPublic imposeSafety asCommittee awas financial 840 sanction a fine of not less than two thousand five hundred 841 dollars and not more than the maximumsubject financial sanction allowed 842 under section 2929.18 of the Revisedviolation. Code.
843865 (G)(F) This(F)(1) sectionNotwithstanding doesany notother applyprovision of law to a866 licensedthe veterinariancontrary 844and whosein conductaddition to any costs imposed under division 867 (E)(5) of this section, if a person is inconvicted accordanceof withor Chapterpleads 4741.868 guilty to a misdemeanor offense under this section, the court 869 shall impose as a financial sanction a mandatory fine of two 870 thousand five hundred dollars.
871 (2) Notwithstanding any other provision of law to the Revised872 845contrary and in addition to any costs imposed under division (E) 873 (5) of this section, if a person is convicted of or pleads 874 guilty to a fourth degree or a third degree felony offense under 875 this section, other than a felony offense described in division 876 (E)(1)(a) of this section, the court shall impose as a financial 877 sanction a fine of not less than two thousand five hundred 878 dollars and not more than the maximum financial sanction allowed 879 under section 2929.18 of the Revised Code.
846880 (G)(H)(G) This section onlydoes appliesnot apply to an offender who knows 847 or should know at the time of the violation that the police dog 848 or horse or assistance dog that is the subject of a violationlicensed 849veterinarian under881 thiswhose sectionconduct is ain policeaccordance dogwith orChapter horse4741. or an assistance 850 dog.
851of (H)the (I)Revised As882 usedCode. in this section:
852883 (1)(G)(H) "PhysicalThis harm"section meansonly anyapplies injury,to illness,an offender who knows 884 or othershould 853know physiologicalat impairment,the regardlesstime of itsthe gravityviolation that the police dog 885 or duration.horse or assistance dog that is the subject of a violation 886 under this section is a police dog or horse or an assistance 887 dog.
854888 (2)(H) "Police(I) dogAs orused horse" means a dog or horse that has 855 been trained, and may be used, to assist law enforcement 856 officers in thethis performancesection: of their official duties.
857889 (3)(1) "Serious"Physical physical harm" means any injury, illness, or other 890 physiological impairment, regardless of theits following:gravity or duration.
858891 (a)(2) Any"Police physicaldog harmor thathorse" carriesmeans a substantialdog riskor ofhorse 859that death;has 892 been trained, and may be used, to assist law enforcement 893 Sub.
860H. (b) Any physical harm that causes permanent maiming or 861 that involves some temporary, substantial maiming;
862 (c) Any physical harm that causes acute pain of a duration 863 H.
417 Page 3132 As IntroducedReported thatby resultsthe House Public Safety Committee officers in substantialthe suffering.performance of their official duties.
864894 (4)(3) "Assistance"Serious dog,"physical "blind,"harm" andmeans "personany with a mobility 865 impairment" have the same meanings as in section 955.011 of the 866following: Revised Code.
867895 Sec.(a) Any physical harm that carries a substantial risk of 896 death;
897 (b) Any physical harm that causes permanent maiming or 898 that involves some temporary, substantial maiming;
899 (c) Any physical harm that causes acute pain of a duration 900 that results in substantial suffering.
901 (4) "Assistance dog," "blind," and "person with a mobility 902 impairment" have the same meanings as in section 955.011 of the 903 Revised Code.
904 Sec.
(A) Except as otherwise provided in this 868905 division and in addition to imposing court costs pursuant to 869906 section 2947.23 of the Revised Code, the court imposing a 870907 sentence upon an offender for a felony may sentence the offender 871908 to any financial sanction or combination of financial sanctions 872909 authorized under this section or, in the circumstances specified 873910 in section 2929.32 of the Revised Code, may impose upon the 874911 offender a fine in accordance with that section, and shall 875912 sentence the offender to make restitution pursuant to this 876913 section and section 2929.281 of the Revised Code.
The victim has 877914 a right not to seek restitution.
Financial sanctions that either 878915 are required to be or may be imposed pursuant to this section 879916 include, but are not limited to, the following:
880917 (1) Restitution by the offender to the victim of the 881918 offender's criminal offense or the victim's estate, in an amount 882919 based on the victim's economic loss.
In open court, the court 883920 shall order that full restitution be made to the victim, to the 884921 adult probation department that serves the county on behalf of 885922 theSub. victim, to the clerk of courts, or to another agency 886 designated by the court.
AtH. sentencing, the court shall 887 determine the amount of restitution to be made by the offender.
888 The victim, victim's representative, victim's attorney, if 889 applicable, the prosecutor or the prosecutor's designee, and the 890 offender may provide information relevant to the determination 891 of the amount of restitution.
The amount the court orders as 892 restitution shall not exceed the amount of the economic loss 893 H.
417 Page 3233 As IntroducedReported suffered by the victimHouse asPublic aSafety directCommittee andthe proximatevictim, resultto the clerk of thecourts, 894or commissionto ofanother agency 923 designated by the offense.court.
IfAt sentencing, the court imposesshall restitution924 for 895 the cost of accounting or auditing done to determine the extent 896 of economic loss, the court may order restitution for any amount 897 of the victim's costs of accounting or auditing provided that 898 the amount of restitution isto reasonablebe andmade doesby not exceed the 899offender. value of property or services stolen or damaged as a result of 900 the offense.
925 The courtvictim, shallvictim's holdrepresentative, avictim's hearingattorney, onif restitution926 ifapplicable, 901the prosecutor or the offender,prosecutor's victim,designee, victim'sand representative,the or927 victim'soffender 902may estateprovide disputesinformation relevant to the amount.determination 928 of the amount of restitution.
The amount the court orders as 929 restitution shall determinenot exceed the amount 903 of fullthe restitutioneconomic loss 930 suffered by the victim as a preponderancedirect and proximate result of the evidence.931 commission of the offense.
AllIf 904the court imposes restitution paymentsfor shall932 bethe creditedcost againstof anyaccounting recoveryor ofauditing 905done to determine the extent 933 of economic lossloss, inthe acourt civilmay actionorder broughtrestitution byfor any amount 934 of the victimvictim's costs of accounting or auditing provided that 935 the 906amount victim'sof estaterestitution againstis reasonable and does not exceed the offender.936 value of property or services stolen or damaged as a result of 937 the offense.
907 The court mayshall orderhold that the offender pay a surchargehearing ofon 908restitution notif more938 than five per cent of the amountoffender, ofvictim, thevictim's restitutionrepresentative, 909or otherwisevictim's ordered939 toestate disputes the entityamount. responsible for collecting and 910 processing restitution payments.
911 The victim,court victim'sshall estate,determine or victim's attorney, if 912 applicable, may file a motion or request that the prosecutoramount in940 913of thefull caserestitution fileby a motion,preponderance or the offender may file a motion, for 914 modification of the paymentevidence. terms of any restitution ordered.
IfAll 915941 therestitution courtpayments grantsshall thebe motion,credited itagainst mayany modifyrecovery theof payment942 termseconomic asloss 916in ita determinescivil appropriateaction butbrought shallby not reduce the amountvictim ofor 917the restitution943 ordered,victim's exceptestate asagainst provided in division (A) of 918 section 2929.281 of the Revisedoffender. Code.
944 The court shallmay order that the offender pay a surcharge of 945 not 919more dischargethan restitutionfive untilper itcent isof fullythe paidamount byof the offender.restitution 946 otherwise ordered to the entity responsible for collecting and 947 processing restitution payments.
920948 (2)The Exceptvictim, asvictim's providedestate, inor divisionvictim's (B)(1),attorney, (3),if or949 (4)applicable, ofmay 921file this section, a finemotion payableor byrequest that the offenderprosecutor toin 950 the state,case tofile a 922motion, politicalor subdivision,the oroffender asmay describedfile ina divisionmotion, (B)(2)for 951 modification of 923the H.payment terms of any restitution ordered.
If 952 the court grants the motion, it may modify the payment terms as 953 Sub.
H.
417 Page 3334 As IntroducedReported thisby sectionthe toHouse onePublic orSafety moreCommittee lawit enforcementdetermines agencies,appropriate withbut theshall 924not amountreduce of the fineamount based on a standard percentage of the954 925restitution offender'sordered, dailyexcept incomeas overprovided ain perioddivision (A) of time955 determinedsection by2929.281 the 926 court and based upon the seriousness of the offense.Revised Code.
AThe finecourt 927 ordered under this division shall not exceed956 thedischarge maximumrestitution 928until conventionalit fineis amountfully authorizedpaid forby the leveloffender. of the offense 929 under division (A)(3) of this section.
930957 (3)(2) Except as provided in division (B)(1), (3), or (4) of 931958 this section, a fine payable by the offender to the state, to a 932959 political subdivisionsubdivision, when appropriate for a felony, or as 933 described in division (B)(2) of 960 this section to one or more law 934 enforcement agencies, inwith the following961 amount:amount of the fine based on a standard percentage of the 962 offender's daily income over a period of time determined by the 963 court and based upon the seriousness of the offense.
935A (a)fine For964 aordered felonyunder ofthis division shall not exceed the firstmaximum degree,965 notconventional morefine thanamount twentyauthorized 936for thousandthe dollars;level of the offense 966 under division (A)(3) of this section.
937967 (b)(3) ForExcept aas felonyprovided in division (B)(1), (3), or (4) of 968 this section, a fine payable by the secondoffender degree,to notthe state, to a 969 political subdivision when appropriate for a felony, or as 970 described in division (B)(2) of this section to one or more thanlaw 938971 fifteenenforcement thousandagencies, dollars;in the following amount:
939972 (c)(a) For a felony of the thirdfirst degree, not more than tentwenty 940973 thousand dollars;
941974 (d)(b) For a felony of the fourthsecond degree, not more than five975 942fifteen thousand dollars;
943976 (e)(c) For a felony of the fifththird degree, not more than twoten 944977 thousand fivedollars; hundred dollars.
945978 (4)(d) AFor statea finefelony orof coststhe asfourth defineddegree, innot sectionmore 2949.111than 946five of979 thethousand Reviseddollars; Code.
947980 (5)(a)(e) ReimbursementFor bya thefelony offender of any or all of the 948fifth costsdegree, ofnot sanctionsmore incurredthan bytwo the981 government,thousand includingfive thehundred 949dollars. following:
950982 (i)Sub. All or part of the costs of implementing any community 951 H.
H.
417 Page 3435 As IntroducedReported controlby sanction,the includingHouse aPublic supervisionSafety feeCommittee under(4) A state fine or costs as defined in section 9522949.111 2951.021983 of the Revised Code;Code.
953984 (ii)(5)(a) AllReimbursement orby part of the costsoffender of confinementany under a 954 sanction imposed pursuant to section 2929.14, 2929.142, or 955all 2929.16 of the Revised985 Code,costs provided that the amount of 956sanctions reimbursementincurred orderedby under this division shall not exceed the 957government, totalincluding amount of reimbursement the offender986 isfollowing: able to pay as 958 determined at a hearing and shall not exceed the actual cost of 959 the confinement;
960987 (iii)(i) All or part of the costcosts of purchasingimplementing andany usingcommunity an988 961control immobilizingsanction, or disabling device, including a certifiedsupervision ignitionfee 962 interlock device, or a remote alcohol monitoring device that a 963 court orders an offender to use under section 4510.13989 2951.021 of the 964 Revised Code.Code;
965990 (b)(ii) IfAll the offender is sentenced to a sanction of 966 confinement pursuant to section 2929.14 or 2929.16part of the 967costs Revised Code that is to be served in a facility operated by a 968 board of countyconfinement commissioners,under a legislative991 authoritysanction ofimposed a 969 municipal corporation, or another local governmental entity, if, 970 pursuant to section 307.93,2929.14, 341.14,2929.142, 341.19, 341.23, 753.02, 971 753.04, 753.16, 2301.56, or 2947.19992 of2929.16 the Revised Code and 972 section 2929.37 of the Revised Code, theprovided board,that legislativethe 973amount authority,of or993 otherreimbursement localordered governmentalunder entitythis requiresdivision prisonersshall 974not toexceed reimburse the county,994 municipaltotal corporation,amount orof otherreimbursement entitythe 975offender foris itsable expensesto incurredpay byas reason995 ofdetermined theat prisoner'sa 976hearing confinement, and ifshall the court does not imposeexceed athe financialactual 977cost sanction under division (A)(5)(a)(ii) of this996 section, 978 confinement costs may be assessed pursuant to section 2929.37 of 979 the Revisedconfinement; Code.
In997 addition,(iii) All or part of the offendercost mayof bepurchasing requiredand tousing 980an pay998 theimmobilizing feesor specifieddisabling indevice, including a certified ignition 999 interlock device, or a remote alcohol monitoring device that a 1000 court orders an offender to use under section 2929.384510.13 of the 1001 Revised CodeCode. in 981 H.
1002 (b) If the offender is sentenced to a sanction of 1003 confinement pursuant to section 2929.14 or 2929.16 of the 1004 Revised Code that is to be served in a facility operated by a 1005 board of county commissioners, a legislative authority of a 1006 municipal corporation, or another local governmental entity, if, 1007 pursuant to section 307.93, 341.14, 341.19, 341.23, 753.02, 1008 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code and 1009 section 2929.37 of the Revised Code, the board, legislative 1010 authority, or other local governmental entity requires prisoners 1011 Sub.
H.
417 Page 3536 As IntroducedReported accordanceby withthe thatHouse section.Public Safety Committee to reimburse the county, municipal corporation, or other entity 1012 for its expenses incurred by reason of the prisoner's 1013 confinement, and if the court does not impose a financial 1014 sanction under division (A)(5)(a)(ii) of this section, 1015 confinement costs may be assessed pursuant to section 2929.37 of 1016 the Revised Code.
982In (c)addition, Reimbursement by the offender formay costsbe pursuantrequired to 9831017 pay the fees specified in section 2929.712929.38 of the Revised Code;Code in 1018 accordance with that section.
9841019 (d)(c) Reimbursement by the offender for costs pursuant to 9851020 section 2917.3212929.71 of the Revised Code.Code;
9861021 (B)(1)(d) ForReimbursement aby first,the second,offender orfor thirdcosts degreepursuant felonyto 9871022 violationsection of2917.321 any provision of Chapterthe 2925.,Revised 3719.,Code. or 4729.
of1023 988(B)(1) theFor Reviseda Code,first, thesecond, sentencingor courtthird shalldegree imposefelony upon1024 theviolation 989 offender a mandatory fine of atany leastprovision one-half of, but not more 990 than, the maximum statutory fine amount authorized for the level 991 of theChapter offense2925., pursuant3719., toor division4729. (A)(3) of this section.
Ifof 9921025 anthe offenderRevised allegesCode, in an affidavit filed with the sentencing court priorshall 993impose toupon sentencing that the 1026 offender isa indigent and unable to pay 994 the mandatory fine andof ifat theleast courtone-half determinesof, thebut offendernot ismore 9951027 anthan, indigentthe personmaximum andstatutory isfine unableamount toauthorized payfor the mandatorylevel fine1028 996of described in this division, the courtoffense shallpursuant notto imposedivision the(A)(3) 997of mandatorythis finesection. upon the offender.
998If (2)1029 Anyan mandatoryoffender finealleges imposedin upon an offenderaffidavit underfiled 999with divisionthe (B)(1)court ofprior this1030 sectionto sentencing that the offender is indigent and anyunable to pay 1031 the mandatory fine imposedand uponif anthe 1000court determines the offender underis division1032 (A)(2)an orindigent (3)person ofand thisis sectionunable forto anypay 1001the fourthmandatory orfine fifth1033 degreedescribed felonyin violationthis ofdivision, anythe provisioncourt ofshall 1002not Chapterimpose 2925.,the 3719.,1034 ormandatory 4729.fine upon the offender.
of1035 the(2) RevisedAny Codemandatory shallfine beimposed paidupon 1003an tooffender lawunder enforcement1036 agenciesdivision pursuant(B)(1) toof this section and any fine imposed upon an 1037 offender under division (F)(A)(2) or (3) of this section 1004for 2925.03any 1038 fourth or fifth degree felony violation of theany Revisedprovision Code.of 1039 Chapter 2925., 3719., or 4729.
1005of (3) For a fourth degree felony OVI offense and for a third 1006 degree felony OVI offense, the sentencingRevised courtCode shall imposebe 1007paid upon1040 theto offenderlaw aenforcement mandatoryagencies finepursuant into the amount specified in 1008 division (G)(1)(d)(F) or (e) of section 4511.191041 ofSub. the Revised 1009 Code, whichever is applicable.
The mandatory fine so imposed 1010 H.
417 Page 3637 As IntroducedReported shallby be disbursed as provided in the divisionHouse pursuantPublic toSafety whichCommittee 10112925.03 itof isthe imposed.Revised Code.
10121042 (4)(3) NotwithstandingFor anya finefourth otherwisedegree authorizedfelony orOVI 1013offense requiredand tofor bea imposedthird under1043 divisiondegree (A)(2)felony orOVI (3)offense, orthe (B)(1)sentencing ofcourt 1014shall thisimpose section1044 orupon section 2929.31 of the Revisedoffender Code for a 1015mandatory violationfine ofin section 2925.03 of the Revisedamount Code,specified in addition1045 todivision 1016(G)(1)(d) any penalty or sanction(e) imposedof for that offense under section 10174511.19 2925.03 or sections 2929.11 to 2929.18 of the Revised Code1046 andCode, 1018whichever inis additionapplicable. to the forfeiture of property in connection with the 1019 offense as prescribed in Chapter 2981.
ofThe themandatory Revisedfine Code,so theimposed 10201047 courtshall thatbe sentencesdisbursed anas offenderprovided forin a violation of section 1021 2925.03 of the Revised Code may impose upon the offender a fine 1022 in addition to any fine imposed under division (A)(2)pursuant or (3) of 1023 this section and in addition to anywhich mandatory1048 fineit imposedis underimposed. 1024 division (B)(1) of this section.
The1049 (4) Notwithstanding any fine otherwise authorized or 1050 required to be imposed under division 1025(A)(2) (B)(4)or (3) or (B)(1) of 1051 this section shallor besection used2929.31 asof providedthe inRevised divisionCode (H)for 1026a 1052 violation of section 2925.03 of the Revised Code.Code, in addition to 1053 any penalty or sanction imposed for that offense under section 1054 2925.03 or sections 2929.11 to 2929.18 of the Revised Code and 1055 in addition to the forfeiture of property in connection with the 1056 offense as prescribed in Chapter 2981.
Aof the Revised Code, the 1057 court that sentences an offender for a violation of section 1058 2925.03 of the Revised Code may impose upon the offender a fine 1059 in addition to any fine imposed under 1027 division (B)(4)(A)(2) or (3) of 1060 this section shalland notin exceedaddition whicheverto ofany 1028mandatory thefine followingimposed isunder applicable:1061 division (B)(1) of this section.
1029 (a) The totalfine valueimposed ofunder anydivision personal1062 or(B)(4) realof propertythis insection 1030shall whichbe the offender has an interest and that was used inas theprovided 1031 course of, intended for use in thedivision course(H) of,1063 derived from, or 1032 realized through conduct in violation of section 2925.03 of the 1033 Revised Code,Code. including any property that constitutes proceeds 1034 derived from that offense;
1035A (b)fine Ifimposed theunder offender1064 has no interest in any property of the 1036 type described in division (B)(4)(a)(B)(4) of this section orshall if it is 1037 not possibleexceed towhichever ascertain whether the offender has an interest 1038 in any property of that1065 type in which the offenderfollowing mayis haveapplicable: an 1039 interest, the amount of the mandatory fine for the offense 1040 H.
1066 (a) The total value of any personal or real property in 1067 which the offender has an interest and that was used in the 1068 course of, intended for use in the course of, derived from, or 1069 realized through conduct in violation of section 2925.03 of the 1070 Revised Code, including any property that constitutes proceeds 1071 Sub.
H.
417 Page 3738 As IntroducedReported imposedby under division (B)(1) of this section or, if no 1041 mandatory fine is imposed under division (B)(1) of this section, 1042 the amountHouse ofPublic theSafety fineCommittee authorizedderived forfrom thethat leveloffense; of the offense 1043 imposed under division (A)(3) of this section.
10441072 (5)(b) PriorIf tothe imposingoffender ahas fineno underinterest in any property of the 1073 type described in division (B)(4)(B)(4)(a) of this 1045section section,or theif courtit shallis determine1074 not possible to ascertain whether the offender has an 1046 interest 1075 in any property of thethat type described in which the offender may have an 1076 interest, the amount of the mandatory fine for the offense 1077 imposed under division (B)(B)(1) 1047of (4)(a)this section or, if no 1078 mandatory fine is imposed under division (B)(1) of this section, 1079 the amount of the fine authorized for the level of the offense 1080 imposed under division (A)(3) of this section.
Except1081 as(5) providedPrior into divisionimposing (B)(6) or 1048 (7) of this section, a fine that is authorized and imposed under 1049 division (B)(4) of this section1082 doessection, not limit or affect the 1050court impositionshall ofdetermine thewhether penalties and sanctions for a violation of 1051 section 2925.03 of the Revisedoffender Codehas prescribedan under1083 thoseinterest 1052in sectionsany orproperty sections 2929.11 to 2929.18 of the Revisedtype Codedescribed andin 1053division does(B) not1084 limit(4)(a) or affect a forfeiture of propertythis insection. connection 1054 with the offense as prescribed in Chapter 2981.
Except as provided in division (B)(6) or 1085 (7) of this section, a fine that is authorized and imposed under 1086 division (B)(4) of this section does not limit or affect the 1087 imposition of the penalties and sanctions for a violation of 1088 section 2925.03 of the Revised 1055Code Code.prescribed under those 1089 sections or sections 2929.11 to 2929.18 of the Revised Code and 1090 does not limit or affect a forfeiture of property in connection 1091 with the offense as prescribed in Chapter 2981.
1056 (6) If the sum total of a mandatory fine amount imposed 1057 for a first, second, or third degree felony violation of section 1058 2925.03 of the Revised Code1092 underCode. division (B)(1) of this 1059 section plus the amount of any fine imposed under division (B) 1060 (4) of this section does not exceed the maximum statutory fine 1061 amount authorized for the level of the offense under division 1062 (A)(3) of this section or section 2929.31 of the Revised Code, 1063 the court may impose a fine for the offense in addition to the 1064 mandatory fine and the fine imposed under division (B)(4) of 1065 this section.
The1093 (6) If the sum total of thea amountsmandatory fine amount imposed 1094 for a first, second, or third degree felony violation of thesection mandatory1095 10662925.03 fine,of the fineRevised imposedCode under division (B)(4)(B)(1) of this section,1096 1067section andplus the additionalamount of any fine imposed under division (B)(6)(B) 1097 (4) of this 1068 section shalldoes not exceed the maximum statutory fine 1098 amount 1069 authorized for the level of the offense under division 1099 (A)(3) of 1070 this section or section 2929.31 of the Revised Code.Code, 1100 the court may impose a fine for the offense in addition to the 1101 Sub.
The clerk 1071 H.
417 Page 3839 As IntroducedReported ofby the courtHouse shallPublic paySafety anyCommittee mandatory fine thatand isthe fine imposed under division 1072(B)(4) (B)(6) of this1102 section to the county, township, municipal 1073 corporation, park district as created pursuant to section 511.18 1074 or 1545.04 of the Revised Code, or state law enforcement 1075 agencies in this statesection. that primarily were responsible for or 1076 involved in making the arrest of, and in prosecuting, the 1077 offender pursuant to division (F) of section 2925.03 of the 1078 Revised Code.
1079The (7) If the sum total of the amountamounts of athe mandatory fine1103 1080fine, imposedthe forfine aimposed first,under second,division or(B)(4) third degree felony violation of 1081this sectionsection, 2925.031104 ofand the Revisedadditional Code plus the amount of any fine 1082 imposed under division (B)(4)(B)(6) of this 1105 section exceedsshall thenot 1083exceed the maximum statutory fine amount 1106 authorized for the level of the 1084 offense under division (A)(3) of 1107 this section or section 2929.31 1085 of the Revised Code,Code. the court shall not impose a fine under 1086 division (B)(6) of this section.
1087The (8)(a)clerk If1108 an offender who is convicted of orthe pleadscourt guiltyshall 1088pay toany afine violationthat ofis sectionimposed 2905.01,under 2905.02, 2907.21, 2907.22, or 1089 2923.32, division (A)(1)1109 or(B)(6) (2) of sectionthis 2907.323 involving a 1090 minor, or division (B)(1), (2), (3), (4), or (5) of section 1091to 2919.22 of the Revisedcounty, Codetownship, alsomunicipal is1110 convictedcorporation, ofpark ordistrict pleadsas 1092created guiltypursuant to asection specification511.18 of1111 theor type1545.04 described in section 1093 2941.1422 of the Revised CodeCode, thator chargesstate thatlaw theenforcement offender1112 1094agencies knowingly committed the offense in furtherancethis ofstate humanthat 1095primarily trafficking,were theresponsible sentencingfor courtor shall1113 sentenceinvolved thein offendermaking to 1096 a financial sanction of restitution by the offenderarrest toof, theand 1097in victimprosecuting, or the victim's1114 estate,offender withpursuant theto restitutiondivision including(F) 1098 the costs of housing,section counseling,2925.03 and medical and legal 1099 assistance incurred by the victim as a direct result of the 11001115 offenseRevised andCode. the greater of the following:
11011116 H.(7) If the sum total of the amount of a mandatory fine 1117 imposed for a first, second, or third degree felony violation of 1118 section 2925.03 of the Revised Code plus the amount of any fine 1119 imposed under division (B)(4) of this section exceeds the 1120 maximum statutory fine amount authorized for the level of the 1121 offense under division (A)(3) of this section or section 2929.31 1122 of the Revised Code, the court shall not impose a fine under 1123 division (B)(6) of this section.
1124 (8)(a) If an offender who is convicted of or pleads guilty 1125 to a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 1126 2923.32, division (A)(1) or (2) of section 2907.323 involving a 1127 minor, or division (B)(1), (2), (3), (4), or (5) of section 1128 2919.22 of the Revised Code also is convicted of or pleads 1129 guilty to a specification of the type described in section 1130 2941.1422 of the Revised Code that charges that the offender 1131 knowingly committed the offense in furtherance of human 1132 Sub.
H.
417 Page 3940 As IntroducedReported (i)by Thethe grossHouse incomePublic orSafety valueCommittee totrafficking, the sentencing court shall sentence the offender to 1133 a financial sanction of restitution by the 1102offender victim'sto laborthe 1134 victim or services;the victim's estate, with the restitution including 1135 the costs of housing, counseling, and medical and legal 1136 assistance incurred by the victim as a direct result of the 1137 offense and the greater of the following:
11031138 (ii)(i) The valuegross ofincome theor victim'svalue laborto as guaranteed under 1104 the minimumoffender wage and overtime provisions of the "Federal1139 Fairvictim's 1105labor Laboror Standardsservices; Act of 1938," 52 Stat.
1140 (ii) The value of the victim's labor as guaranteed under 1141 the minimum wage and overtime provisions of the "Federal Fair 1142 Labor Standards Act of 1938," 52 Stat.
207, and 11061143 state labor laws.
11071144 (b) If a court imposing sentence upon an offender for a 11081145 felony is required to impose upon the offender a financial 11091146 sanction of restitution under division (B)(8)(a) of this 11101147 section, in addition to that financial sanction of restitution, 11111148 the court may sentence the offender to any other financial 11121149 sanction or combination of financial sanctions authorized under 11131150 this section, including a restitution sanction under division 11141151 (A)(1) of this section.
11151152 (9) In addition to any other fine that is or may be 11161153 imposed under this section, the court imposing sentence upon an 11171154 offender for a felony that is a sexually oriented offense or a 11181155 child-victim oriented offense, as those terms are defined in 11191156 section 2950.01 of the Revised Code, may impose a fine of not 11201157 less than fifty nor more than five hundred dollars.
11211158 (10) For a felony violation of division (A) of section 11221159 2921.321 of the Revised Code that results in the death of the 11231160 police dog or horse that is the subject of the violation, the 11241161 sentencingSub. court shall impose upon the offender a mandatory fine 1125 from the range of fines provided under division (A)(3) of this 1126 section for a felony of the third degree, but such fine shall 1127 not be less than two thousand five hundred dollars.
A mandatory 1128 fine imposed upon an offender under division (B)(10) of this 1129 section shall be paid to the law enforcement agency that was 1130 served by the police dog or horse that was killed in the felony 1131 H.
417 Page 4041 As IntroducedReported violationby the House Public Safety Committee sentencing court shall impose upon the offender a mandatory fine 1162 from the range of fines provided under division (A)(A)(3) of this 1163 section 2921.321for a felony of the Revisedthird 1132degree, Codebut tosuch befine usedshall as1164 providednot inbe divisionless (E)(1)(b)than oftwo thatthousand 1133five section.hundred dollars.
1134A (11)mandatory In1165 addition to any other fine that is or may be 1135 imposed under this section, the court imposing sentence upon an 1136 offender forunder anydivision (B)(10) of thethis following1166 offensessection thatshall isbe apaid felonyto maythe 1137law imposeenforcement aagency finethat ofwas not1167 lessserved thanby seventythe norpolice moredog thanor fivehorse 1138that hundredwas dollars,killed which,in exceptthe asfelony provided1168 inviolation of division (B)(12)(A) 1139 of thissection section,2921.321 shallof be transmitted to the treasurerRevised of1169 stateCode 1140 to be creditedused toas theprovided addressin confidentialitydivision program(E)(1)(b) fund 1141 created by section 111.48 of thethat Revised1170 Code:section.
11421171 (a)(11) DomesticIn violence;addition to any other fine that is or may be 1172 imposed under this section, the court imposing sentence upon an 1173 offender for any of the following offenses that is a felony may 1174 impose a fine of not less than seventy nor more than five 1175 hundred dollars, which, except as provided in division (B)(12) 1176 of this section, shall be transmitted to the treasurer of state 1177 to be credited to the address confidentiality program fund 1178 created by section 111.48 of the Revised Code:
11431179 (b)(a) MenacingDomestic byviolence; stalking;
11441180 (c)(b) Rape;Menacing by stalking;
11451181 (d)(c) SexualRape; battery;
11461182 (e)(d) TraffickingSexual inbattery; persons;
11471183 (f)(e) ATrafficking violation of section 2905.01, 2905.02, 2907.21, 1148 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 1149 involving a minor, or division (B)(1), (2), (3), (4), or (5) of 1150 section 2919.22 of the Revised Code, if the offender also is 1151 convicted of a specification of the type described in sectionpersons; 1152 2941.1422 of the Revised Code that charges that the offender 1153 knowingly committed the offense in furtherance of human 1154 trafficking.
11551184 (12)(a)(f) A courtviolation thatof imposessection 2905.01, 2905.02, 2907.21, 1185 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 1186 involving a fineminor, underor division (B)(11)(B)(1), 1156(2), (3), (4), or (5) of this1187 section may2919.22 retainof upthe toRevised twenty-fiveCode, perif centthe offender also is 1188 convicted of amountsa 1157specification collectedof the type described in satisfactionsection 1189 2941.1422 of the fineRevised toCode coverthat administrativecharges 1158that costs.the offender 1190 Sub.
1159 H.
417 Page 4142 As IntroducedReported (b)by Athe courtHouse thatPublic imposesSafety aCommittee fineknowingly undercommitted divisionthe (B)(11)offense of 1160 this section may assign up to twenty-five per cent of amounts 1161 collected in satisfactionfurtherance of thehuman fine1191 totrafficking. reimburse the 1162 prosecuting attorney for costs associated with prosecution of 1163 the offense.
11641192 (C)(1)(12)(a) ExceptA ascourt providedthat inimposes sectiona 2951.021fine ofunder the 1165 Revised Code, the offender shall pay reimbursements imposed upon 1166 the offender pursuant to division (A)(5)(a)(B)(11) 1193 of this section tomay 1167retain payup the costs incurred by a county pursuant to anytwenty-five sanctionper 1168cent imposed under this section or section 2929.16 or 2929.17 of theamounts 11691194 Revisedcollected Code or in operatingsatisfaction a facility used to confine 1170 offenders pursuant to a sanction imposed under section 2929.16 1171 of the Revisedfine Code to thecover countyadministrative treasurer.1195 costs.
The1196 county(b) 1172A treasurercourt shallthat depositimposes thea reimbursementsfine inunder thedivision sanction(B)(11) costof 11731197 reimbursementthis fundsection thatmay eachassign boardup ofto countytwenty-five commissionersper shallcent 1174of createamounts 1198 collected in itssatisfaction countyof treasury.the fine to reimburse the 1199 prosecuting attorney for costs associated with prosecution of 1200 the offense.
The1201 county(C)(1) shallExcept useas provided in section 2951.021 of the amounts1202 1175Revised depositedCode, inthe offender shall pay reimbursements imposed upon 1203 the fundoffender pursuant to division (A)(5)(a) of this section to 1204 pay the costs incurred by thea county 1176 pursuant to any sanction 1205 imposed under this section or section 1177 2929.16 or 2929.17 of the 1206 Revised Code or in operating a 1178 facility used to confine 1207 offenders pursuant to a sanction 1179 imposed under section 2929.16 1208 of the Revised Code.Code to the county treasurer.
1180The (2)county Except1209 astreasurer providedshall indeposit section 2951.021 of the Revised 1181 Code, the offender shall pay reimbursements imposedin upon the 1182 offender pursuant to division (A)(5)(a) of this section to pay 1183 the costs incurred by a municipal corporation pursuant to any 1184 sanction imposedcost under1210 thisreimbursement sectionfund orthat sectioneach 2929.16board or 1185 2929.17 of thecounty Revisedcommissioners Codeshall or1211 create in operatingits acounty facilitytreasury. used to 1186 confine offenders pursuant to a sanction imposed under section 1187 2929.16 of the Revised Code to the treasurer of the municipal 1188 corporation.
The treasurercounty shall deposituse the reimbursementsamounts in1212 adeposited 1189in specialthe fund thatto shallpay bethe establishedcosts inincurred by the treasurycounty 1213 pursuant to any sanction imposed under this section or section 1214 2929.16 or 2929.17 of eachthe 1190Revised H.Code or in operating a 1215 facility used to confine offenders pursuant to a sanction 1216 imposed under section 2929.16 of the Revised Code.
1217 (2) Except as provided in section 2951.021 of the Revised 1218 Code, the offender shall pay reimbursements imposed upon the 1219 offender pursuant to division (A)(5)(a) of this section to pay 1220 Sub.
H.
417 Page 4243 As IntroducedReported by the House Public Safety Committee the costs incurred by a municipal corporation pursuant to any 1221 sanction imposed under this section or section 2929.16 or 1222 2929.17 of the Revised Code or in operating a facility used to 1223 confine offenders pursuant to a sanction imposed under section 1224 2929.16 of the Revised Code to the treasurer of the municipal 1225 corporation.
The municipaltreasurer corporation shall usedeposit the 1191reimbursements amountsin depositeda in1226 thespecial fund tothat payshall thebe costsestablished incurredin by the 1192treasury municipal corporation pursuant to any sanction imposed under 1193 this section or section 2929.16 or 2929.17 of theeach Revised1227 Codemunicipal 1194corporation. or in operating a facility used to confine offenders pursuant to 1195 a sanction imposed under section 2929.16 of the Revised Code.
1196The (3)municipal Exceptcorporation asshall provideduse inthe section1228 2951.021amounts ofdeposited in the Revisedfund 1197to Code,pay the offendercosts shallincurred payby reimbursementsthe imposed1229 municipal corporation pursuant to 1198any divisionsanction (A)(5)(a)imposed ofunder 1230 this section foror section 2929.16 or 2929.17 of the costsRevised incurredCode by1231 or in operating a 1199facility privateused providerto confine offenders pursuant to 1232 a sanction imposed under this 1200 section or section 2929.16 or 2929.17 of the Revised CodeCode. to the 1201 provider.
12021233 (D)(3) Except as otherwise provided in thissection division,2951.021 aof 1203the financialRevised sanction1234 Code, the offender shall pay reimbursements imposed pursuant to 1235 division (A)(A)(5)(a) or (B) of 1204 this section isfor a judgment in favor of the statecosts orincurred by a political1236 1205private subdivisionprovider inpursuant whichto thea courtsanction that imposed theunder financialthis 12061237 sanctionsection isor located,section and2929.16 theor offender2929.17 subjectof to the financialRevised 1207Code sanctionto is the judgment1238 debtor.provider.
A1239 financial(D) sanctionExcept ofas 1208otherwise reimbursementprovided in this division, a 1240 financial sanction imposed pursuant to division (A)(5)(a)(ii)(A) or (B) of 1241 this 1209 section uponis ana offenderjudgment whoin isfavor incarceratedof inthe a state facility 1210 or a municipalpolitical jail1242 issubdivision a judgment in favorwhich of the statecourt orthat imposed the 1211financial municipal1243 corporation,sanction is located, and the offender subject to the financial 12121244 sanction is the judgment debtor.
A financial sanction of 12131245 reimbursement imposed uponpursuant anto offenderdivision pursuant(A)(5)(a)(ii) toof this 1246 section 1214upon foran costsoffender incurredwho byis incarcerated in a privatestate providerfacility of1247 sanctionsor a municipal jail is a 1215 judgment in favor of the privatestate provider,or the 1248 municipal corporation, and the offender 1216 subject to the financial 1249 sanction is the judgment debtor.
A 1217 financial sanction of a1250 mandatoryreimbursement fine imposed underupon divisionan 1218offender (B)(10)pursuant ofto this section that1251 isSub. required under that division to 1219 be paid to a law enforcement agency is a judgment in favor of 1220 the specified law enforcement agency, and the offender subject 1221 H.
H.
417 Page 4344 As IntroducedReported by the House Public Safety Committee for costs incurred by a private provider of sanctions is a 1252 judgment in favor of the private provider, and the offender 1253 subject to the financial sanction is the judgment debtor.
A 1254 financial 1222 sanction of restitutiona imposedmandatory pursuantfine toimposed under division (A)(1)1255 or(B)(10) 1223 (B)(8) of this section that is anrequired orderunder inthat favordivision ofto the1256 victimbe ofpaid theto 1224a offender'slaw criminalenforcement actagency thatis can be collected through a 1225 certificate of judgment as described in divisionfavor (D)(1) of this1257 1226the section,specified throughlaw executionenforcement asagency, described in division (D)(2) of 1227 this section, or through an order as described in division (D) 1228 (3) of this section, and the offender shallsubject be1258 consideredto for 1229 purposes of the collectionfinancial assanction is the judgment debtor.
ImpositionA financial 1259 sanction of 1230restitution aimposed financialpursuant sanctionto anddivision execution(A)(1) onor 1260 (B)(8) of this section is an order in favor of the victim of the 1261 offender's criminal act that can be collected through a 1262 certificate of judgment doesas notdescribed 1231in precludedivision any(D)(1) otherof powerthis 1263 section, through execution as described in division (D)(2) of 1264 this section, or through an order as described in division (D) 1265 (3) of this section, and the courtoffender toshall imposebe orconsidered enforcefor 12321266 sanctionspurposes onof the offender.collection as the judgment debtor.
OnceImposition theof 1267 a financial sanction isand 1233execution imposedon asthe a judgment ordoes ordernot under1268 thispreclude division,any theother victim,power 1234of privatethe provider,court state,to impose or politicalenforce subdivision1269 maysanctions doon any of 1235 the following:offender.
1236Once (1) Obtain from the clerkfinancial ofsanction theis court1270 inimposed whichas the 1237 judgment was entered, at no cost, a certificate of judgment thator 1238order shallunder bethis indivision, the samevictim, manner1271 andprivate formprovider, asstate, aor certificatepolitical ofsubdivision 1239may judgmentdo issuedany inof a1272 civilthe action;following:
12401273 (2)(1) Obtain executionfrom the clerk of the court in which the 1274 judgment orwas orderentered, throughat anyno 1241cost, availablea procedure,certificate including:of judgment that 1275 shall be in the same manner and form as a certificate of 1276 judgment issued in a civil action;
12421277 (a)(2) AnObtain execution againstof the propertyjudgment ofor theorder judgmentthrough 1243any debtor1278 underavailable Chapterprocedure, 2329.including:
1279 (a) An execution against the property of the judgment 1280 debtor under Chapter 2329.
12441281 (b)Sub. An execution against the person of the judgment debtor 1245 under Chapter 2331.
ofH. the Revised Code;
1246 (c) A proceeding in aid of execution under Chapter 2333.
1247 of the Revised Code, including:
1248 (i) A proceeding for the examination of the judgment 1249 debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1250 H.
417 Page 4445 As IntroducedReported 2333.27by the House Public Safety Committee (b) An execution against the person of the Revisedjudgment Code;debtor 1282 under Chapter 2331.
1251 (ii) A proceeding for attachment of the person of the 1252 judgment debtor under section 2333.28 of the Revised Code;
1253 (iii) A creditor's suit under section 2333.01 of the 1254 Revised Code.
1255 (d) The attachment of the property of the judgment debtor 1256 under Chapter 2715.
12571283 (e)(c) TheA garnishmentproceeding ofin theaid property of theexecution judgment debtor 1258 under Chapter 2716.2333.
1284 of the Revised Code, including:
1285 (i) A proceeding for the examination of the judgment 1286 debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1287 2333.27 of the Revised Code;
1288 (ii) A proceeding for attachment of the person of the 1289 judgment debtor under section 2333.28 of the Revised Code;
1290 (iii) A creditor's suit under section 2333.01 of the 1291 Revised Code.
1292 (d) The attachment of the property of the judgment debtor 1293 under Chapter 2715.
of the Revised Code;
1294 (e) The garnishment of the property of the judgment debtor 1295 under Chapter 2716.
12591296 (3) Obtain an order for the assignment of wages of the 12601297 judgment debtor under section 1321.33 of the Revised Code.
12611298 (E) A court that imposes a financial sanction upon an 12621299 offender may hold a hearing if necessary to determine whether 12631300 the offender is able to pay the sanction or is likely in the 12641301 future to be able to pay it.
12651302 (F) Each court imposing a financial sanction upon an 12661303 offender under this section or under section 2929.32 of the 12671304 Revised Code may designate the clerk of the court or another 12681305 person to collect the financial sanction.
The clerk or other 12691306 person authorized by law or the court to collect the financial 12701307 sanction may enter into contracts with one or more public 12711308 agencies or private vendors for the collection of, amounts due 12721309 underSub. the financial sanction imposed pursuant to this section or 1273 section 2929.32 of the Revised Code.
BeforeH. entering into a 1274 contract for the collection of amounts due from an offender 1275 pursuant to any financial sanction imposed pursuant to this 1276 section or section 2929.32 of the Revised Code, a court shall 1277 comply with sections 307.86 to 307.92 of the Revised Code.
1278 H.
417 Page 4546 As IntroducedReported (G)by Ifthe aHouse courtPublic thatSafety imposesCommittee a financial sanction under 1279 division (A) or (B) of this section finds that an offender 1280 satisfactorily has completed all other sanctions imposed upon 1281 the offender and that all restitution that has been ordered has 1282 been paid as ordered, the court may suspend any financial 1283sanction sanctions imposed pursuant to this section or 1310 section 2929.32 of 1284 the Revised CodeCode. that have not been paid.
1285Before (H)entering Nointo a 1311 contract for the collection of amounts due from an offender 1312 pursuant to any financial sanction imposed underpursuant to this 1313 section or 1286 section 2929.32 of the Revised CodeCode, shalla precludecourt ashall victim1314 fromcomply 1287with bringingsections a307.86 civilto action307.92 againstof the offender.Revised Code.
12881315 (I)(G) If thea court that imposes restitution,a fines,financial fees,sanction under 1316 division (A) or 1289(B) incarcerationof coststhis onsection afinds businessthat oran corporation,offender it1317 issatisfactorily thehas dutycompleted 1290all ofother sanctions imposed upon 1318 the personoffender authorizedand tothat makeall disbursementsrestitution fromthat thehas assetsbeen 1291ordered ofhas 1319 been paid as ordered, the businesscourt ormay corporationsuspend toany payfinancial the1320 restitution,sanctions fines,imposed 1292pursuant fees,to this section or incarcerationsection costs2929.32 fromof those1321 assets.the Revised Code that have not been paid.
12931322 (J)(H) IfNo anfinancial offendersanction isimposed sentencedunder tothis paysection restitution, a 1294 fine, fee, or incarceration1323 costs,section the2929.32 clerk of the sentencingRevised 1295Code court, on request, shall makepreclude thea offender'svictim paymentfrom history1324 1296bringing availablea tocivil theaction prosecutor,against victim, victim's representative, 1297 victim's attorney, if applicable, the probationoffender. department, and 1298 the court without cost.
12991325 Section(I) 2.If the court imposes restitution, fines, fees, or 1326 incarceration costs on a business or corporation, it is the duty 1327 of the person authorized to make disbursements from the assets 1328 of the business or corporation to pay the restitution, fines, 1329 fees, or incarceration costs from those assets.
That1330 existing(J) sectionsIf 109.803,an 955.54,offender 955.99,is 1300sentenced 959.131,to 959.99,pay 2921.321,restitution, anda 2929.181331 fine, fee, or incarceration costs, the clerk of the Revisedsentencing Code1332 arecourt, 1301on herebyrequest, repealed.shall make the offender's payment history 1333 available to the prosecutor, victim, victim's representative, 1334 victim's attorney, if applicable, the probation department, and 1335 the court without cost.
13021336 Section 3.2.
SectionThat 959.99existing ofsections the109.79, Revised955.54, Code955.99, is1337 presented959.131, 1303959.99, in2921.321, thisand act2929.18 as a composite of the sectionRevised asCode amendedare by1338 bothSub. 1304 H.B.
281H. and S.B.
164 of the 134th General Assembly.
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View plain text versions (2)
- Reported As Reported by the House Public Safety Committee Current pdf
- Introduced As Introduced pdf
Action History
-
As Reported by the House Public Safety Committee
Sponsors
- Phil Plummer · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 133 not signed on
Sponsors (1)
- Phil Plummer Republican
Co-sponsors (0)
None.
Not signed on (133)
133 members have not signed on to this bill.
Show all 133 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 8 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Cecil Thomas | Democratic | Yea |
| Juanita O. Brent | Democratic | Yea |
| Bernard Willis | Republican | Yea |
| Cindy Abrams | Republican | Yea |
| Haraz N. Ghanbari | Republican | Yea |
| Jeff LaRe | Republican | Yea |
| Kevin D. Miller | Republican | Yea |
| Matthew Kishman | Republican | Yea |
| Phil Plummer | Republican | Yea |
| Thomas Hall | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 8 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Cecil Thomas | Democratic | Yea |
| Juanita O. Brent | Democratic | Yea |
| Bernard Willis | Republican | Yea |
| Cindy Abrams | Republican | Yea |
| Haraz N. Ghanbari | Republican | Yea |
| Jeff LaRe | Republican | Yea |
| Kevin D. Miller | Republican | Yea |
| Matthew Kishman | Republican | Yea |
| Phil Plummer | Republican | Yea |
| Thomas Hall | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 417 do?
- To amend sections 109.803, 955.54, 955.99, 959.131, 959.99, 2921.321, and 2929.18 and to enact sections 955.55, 955.56, and 955.57 of the Revised Code to prohibit the abuse of a companion animal corpse, to prohibit an animal abuse offender from owning a dog in certain circumstances, and to establish mandatory fines for violations of an animal abuse offense.
- Who sponsors HB 417?
- HB 417 is sponsored by Phil Plummer (Republican).
- What is the current status of HB 417?
- This bill has been introduced in the House. Introduced August 19, 2025. It must pass committee before a floor vote.
- Where can I track HB 417?
- Track HB 417 free on One Click Politics — get push/email alerts when it moves.
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