Our mission is to help change laws in
Ohio to make animal cruelty a felony.
| stop_animal_cruelty_petition_house_bill_70.doc |
Above is the downloadable petition for residents of Ohio Please send them to your representatives ASAP
Below is the link for the list of representatives
http://www.house.state.oh.us/index.php?option=com_displaymembers&Itemid=125
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is see below link and enter zip code or district
http://www.house.state.oh.us/index.php?option=com_content&view=frontpage&Itemid=1
Petition for Ohio House Bill 70
To amend section 959.99 of the Revised Code to increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.
We, the undersigned residents of Ohio urge the House Representatives of the State of Ohio to pass HB-70 animal cruelty legislation. We strongly feel our current animal cruelty laws are grossly inadequate and do not offer effective protection for animals in our county and the state of Ohio. We support House Bill 70 which would increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.
Ohio continues to rank at the bottom on animal protection legislation and this is unacceptable. Therefore, your petitioners request that you pass new legislation House Bill 70 to bring Ohio into the 21st century on animal welfare legislation. Only through legislation that allows for prosecution of animal cruelty with stronger penalties imposed on those found guilty, will Ohio be a just and compassionate State.
Let’s speak out for those who have no voice!
To amend section 959.99 of the Revised Code to increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.
We, the undersigned residents of Ohio urge the House Representatives of the State of Ohio to pass HB-70 animal cruelty legislation. We strongly feel our current animal cruelty laws are grossly inadequate and do not offer effective protection for animals in our county and the state of Ohio. We support House Bill 70 which would increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.
Ohio continues to rank at the bottom on animal protection legislation and this is unacceptable. Therefore, your petitioners request that you pass new legislation House Bill 70 to bring Ohio into the 21st century on animal welfare legislation. Only through legislation that allows for prosecution of animal cruelty with stronger penalties imposed on those found guilty, will Ohio be a just and compassionate State.
Let’s speak out for those who have no voice!
Ohio State Representatives Hagan and Gerberry have introduced legislation that increases the penalty for cruel treatment of a companion animal. House Bill 70 makes animal abuse bu the animal's custodian or caregiver a fifth degree felony.
"This legislation embodies a measured approach to dealing with similar situations in the future," said Rep Hagan. "It will give local prosecutors the necessary tools to punish those inflicting cruel and unusual punishment to pets."
The bill carries a punishment of up to a year in jail for each count of animal cruelty.
The legislation stems from an incident that occurred in Youngstown in October 2008. A local kennel owner was arrested because he clearly was not taking care of animals that he was boarding and training. Law enforcement officers were called to the premises and found horrific living conditions. Fifteen dogs were discovered dead or dying. The remaining animals were suffering from starvation and dehydration.
The owner was taken into custody and the nineteen counts of cruelty to animals he was originally charged were reduced to four due to legal missteps.
Ohio only provides misdemeanor penalties for animal cruelty regardless of the brutality. Local residents were shocked, dismayed, and angry that something of this nature could happen without repercussion.
Many began lobbying state officials to make the necessary changes in Ohio law that would put abusers behind bars. It is with that in mind that Rep Hagan decided to introduce legislation to address this problem.
"This legislation embodies a measured approach to dealing with similar situations in the future," said Rep Hagan. "It will give local prosecutors the necessary tools to punish those inflicting cruel and unusual punishment to pets."
The bill carries a punishment of up to a year in jail for each count of animal cruelty.
The legislation stems from an incident that occurred in Youngstown in October 2008. A local kennel owner was arrested because he clearly was not taking care of animals that he was boarding and training. Law enforcement officers were called to the premises and found horrific living conditions. Fifteen dogs were discovered dead or dying. The remaining animals were suffering from starvation and dehydration.
The owner was taken into custody and the nineteen counts of cruelty to animals he was originally charged were reduced to four due to legal missteps.
Ohio only provides misdemeanor penalties for animal cruelty regardless of the brutality. Local residents were shocked, dismayed, and angry that something of this nature could happen without repercussion.
Many began lobbying state officials to make the necessary changes in Ohio law that would put abusers behind bars. It is with that in mind that Rep Hagan decided to introduce legislation to address this problem.
128th General Assembly
Regular Session
2009-2010
H. B. No. 70
Representatives Gerberry, Hagan
A BILL To amend section 959.99 of the Revised Code to increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That section 959.99 of the Revised Code be amended to read as follows: Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 of the Revised Code is guilty of a minor misdemeanor. (B) Except as otherwise provided in this division, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the second degree. If the value of the animal killed or the injury done amounts to three hundred dollars or more, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, or 959.17 of the Revised Code is guilty of a misdemeanor of the fourth degree. (D) Whoever violates division (A) of section 959.13 of the Revised Code is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition, including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (E)(1) Whoever violates division (B) of section 959.131 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense. (2) Whoever violates section 959.01 of the Revised Code or division (C) of section 959.131 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (3) Whoever violates division (C) of section 959.131 of the Revised Code is guilty of a felony of the fifth degree. (4)(a) A court may order a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code to forfeit to an impounding agency, as defined in section 959.132 of the Revised Code, any or all of the companion animals in that person's ownership or care. The court also may prohibit or place limitations on the person's ability to own or care for any companion animals for a specified or indefinite period of time. (b) A court may order a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under section 959.132 of the Revised Code. (4)(5) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. (F) Whoever violates section 959.14 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (G) Whoever violates section 959.05 or 959.20 of the Revised Code is guilty of a misdemeanor of the first degree. (H) Whoever violates section 959.16 of the Revised Code is guilty of a felony of the fourth degree for a first offense and a felony of the third degree on each subsequent offense. Section 2. That existing section 959.99 of the Revised Code is hereby repealed.
http://www.legislature.state.oh.us/bills.cfm?ID=128_HB_70
Regular Session
2009-2010
H. B. No. 70
Representatives Gerberry, Hagan
A BILL To amend section 959.99 of the Revised Code to increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That section 959.99 of the Revised Code be amended to read as follows: Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 of the Revised Code is guilty of a minor misdemeanor. (B) Except as otherwise provided in this division, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the second degree. If the value of the animal killed or the injury done amounts to three hundred dollars or more, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, or 959.17 of the Revised Code is guilty of a misdemeanor of the fourth degree. (D) Whoever violates division (A) of section 959.13 of the Revised Code is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition, including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (E)(1) Whoever violates division (B) of section 959.131 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense. (2) Whoever violates section 959.01 of the Revised Code or division (C) of section 959.131 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (3) Whoever violates division (C) of section 959.131 of the Revised Code is guilty of a felony of the fifth degree. (4)(a) A court may order a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code to forfeit to an impounding agency, as defined in section 959.132 of the Revised Code, any or all of the companion animals in that person's ownership or care. The court also may prohibit or place limitations on the person's ability to own or care for any companion animals for a specified or indefinite period of time. (b) A court may order a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under section 959.132 of the Revised Code. (4)(5) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. (F) Whoever violates section 959.14 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (G) Whoever violates section 959.05 or 959.20 of the Revised Code is guilty of a misdemeanor of the first degree. (H) Whoever violates section 959.16 of the Revised Code is guilty of a felony of the fourth degree for a first offense and a felony of the third degree on each subsequent offense. Section 2. That existing section 959.99 of the Revised Code is hereby repealed.
http://www.legislature.state.oh.us/bills.cfm?ID=128_HB_70
A letter from Ronald V. Gerberry (State Representative, 59th House District)
Mr. Gerberry was surprised that the unbelievable animal cruelty that took place did not warrant much starker penalties. With that in mind, he recently met with the Legislative Service Commission to develop legislation that increases punishment/ penalties on individuals who abuse animals. Specifically, his proposal will make animal abuse a 5th degree felony.
Below is the letter available for download.
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