Bill Requiring Bonding, Disposition for Animals Seized in Fighting and Cruelty Cases Goes to Ohio Governor

June 11, 2008

New Law Would Benefit Animal Shelters Throughout Ohio

The Humane Society of the United States urges Gov. Ted Strickland to sign H.B. 71, a bill that would require animal owners to post bond to pay for the care of their animals if they are seized in fighting, cruelty and neglect cases. H.B. 71, sponsored by state Rep. John White, R-Kettering, recognizes that dogs, cats and other companion animals seized as evidence in abuse and neglect cases as well as dogs seized in dogfighting cases are inherently different than other types of evidence seized during an investigation by law enforcement officials. 

In H.B. 71, the term "companion animal" represents animals kept in a residential dwelling, as well as dogs or cats regardless of where they are kept.

"This bill protects the rights of pet owners by requiring law enforcement agencies to demonstrate probable cause for seizing animals, and also supports animal shelters that can spend millions of dollars housing animals as evidence as a case progresses through the judicial process," said Dean Vickers, Ohio state director for The HSUS. "Additionally, this bill expedites the disposition process, which is good for the dogs, cats and other companion animals who today can live in kennels or cages for months or even years as their cases are worked through the courts."

The bill provides for a hearing within 10 days of the seizure of companion animals as evidence. At that hearing, the impounding agency must demonstrate that they had probable cause to seize the animals. If probable cause is established, then the owner is required to post a bond to provide for the care of the animals from the date seized (renewable every 30 days) or may choose to surrender the animals to the impounding agency. If probable cause is not established, the animals may be returned to the owner by court order. In the event that the owner is found not guilty, the impounding agency would return the pet(s) along with the amount of the bond or cash amount paid for the care of the animal(s). If the owner does not post the required bond within the 10 days, the animal becomes the property of the impounding agency and could be put up for adoption or into foster care until ready for adoption.

H.B. 71 passed in the state Senate on May 29 and passed the full House for concurrence on June 10. Animal shelters throughout Ohio would benefit from this bill by removing the costs of caring for companion animals seized in fighting, cruelty and neglect cases.

Another bill aimed at addressing animal fighting issues in Ohio overwhelmingly passed in the Ohio House of Representatives and is awaiting action in the state Senate. H.B. 415, sponsored by Reps. Lou Blessing, R–Colerain Township, and John Domenick, D–Smithfield, would upgrade the penalties for illegal cockfighting from a misdemeanor to a class 4 felony punishable by a maximum $5,000 fine and up to 18 months in prison. Ohio's cockfighting law is one of the weakest in the nation, second only to Alabama.

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The Humane Society of the United States is the nation's largest animal protection organization — backed by 10.5 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty — On the web at humanesociety.org.