As Introduced

136th General Assembly

Regular Session H. B. No. 992

2025-2026

Representative Robb Blasdel

To amend sections 959.132 and 959.99 and to enact section 959.135 of the Revised Code to prohibit a person from committing acts of cruelty against certain horses that interact with humans.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 959.132 and 959.99 be amended and section 959.135 of the Revised Code be enacted to read as follows:

Sec. 959.132. (A) As used in this section:

"Companion animal" has the same meaning as in section 959.131 of the Revised Code.

"Equine" has the same meaning as in section 959.135 of the Revised Code.

"Impounding agency" means a county humane society organized under section 1717.05 of the Revised Code, an animal shelter, or a law enforcement agency that has impounded a companion animal in accordance with this section.

"Offense" means a violation of Chapter 959. of the Revised Code or an attempt, in violation of section 2923.02 of the Revised Code, to violate Chapter 959. of the Revised Code.

"Officer" means any law enforcement officer, humane society agent, or other person appointed to act as an animal control officer for a municipal corporation or township in accordance with state law, an ordinance, or a resolution.

(B) An officer may seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense. No officer or impounding agency shall impound an animal that is the subject of an offense in a shelter owned, operated, or controlled by a board of county commissioners pursuant to Chapter 955. of the Revised Code unless the board, by resolution, authorizes the impoundment of such an animal in a shelter owned, operated, or controlled by that board and has executed, in the case when the officer is other than a dog warden or assistant dog warden, a contract specifying the terms and conditions of the impoundment.

(C) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the animal not later than twenty-four hours after the animal was seized and impounded. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the animal was seized. The notice shall include a statement that a hearing will be held not later than ten days after the notice is provided or at the next available court date to determine whether the officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded.

(D) An animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment if a licensed veterinarian determines it to be necessary because the animal is suffering.

(E)(1) Not later than ten days after notice is provided or at the next available court date, the court shall hold a hearing to determine whether the officer impounding an animal had probable cause to seize the animal. If the court determines that probable cause exists, the court shall determine the amount of a bond or cash deposit that is necessary and reasonable to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded.

(2) If the court determines that probable cause does not exist, the court immediately shall order the impounding agency to return the animal to its owner if possible. If the animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the animal is injured as a result of neglect or other misconduct by the impounding agency, the court shall order the impounding agency to pay the owner an amount determined by the court to be equal to the reasonable market value of the animal at the time that it was impounded plus statutory interest as defined in section 1343.03 of the Revised Code from the date of the impoundment or an amount determined by the court to be equal to the reasonable cost of treatment of the injury to the animal, as applicable. The requirement established in division (E)(2) of this section regarding the payment of the reasonable market value of the animal shall not apply in the case of a dog that, in violation of section 955.01 of the Revised Code, was not registered at the time it was seized and impounded.

(3) If the court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the court, in consultation with the impounding agency, determines is necessary and reasonable to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the animal unless the court issues an order that specifies otherwise.

(F) If a person is convicted of committing an offense, the court may impose the following additional penalties against the person:

(1) A requirement that the person pay for the costs incurred by the impounding agency in caring for an animal involved in the applicable offense, provided that the costs were incurred during the animal's impoundment. A bond or cash deposit posted under this section may be applied to the costs.

(2) An order permanently terminating the person's right to possession, title, custody, or care of the animal that was involved in the offense. If the court issues such an order, the court shall order the disposition of the animal.

(G) If a person is found not guilty of committing an offense, the court immediately shall order the impounding agency to return the animal to its owner if possible and to return the entire amount of any bond or cash deposit posted under division (E) of this section. If the animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the animal is injured as a result of neglect or other misconduct by the impounding agency, the court shall order the impounding agency to pay the owner an amount determined by the court to be equal to the reasonable market value of the animal at the time that it was impounded plus statutory interest as defined in section 1343.03 of the Revised Code from the date of the impoundment or an amount determined by the court to be equal to the reasonable cost of treatment of the injury to the animal, as applicable. The requirements established in this division regarding the return of a bond or cash deposit and the payment of the reasonable market value of the animal shall not apply in the case of a dog that, in violation of section 955.01 of the Revised Code, was not registered at the time it was seized and impounded.

(H)(H)(1) If charges are filed under section 959.131 of the Revised Code against the custodian or caretaker of a companion animal, but the companion animal that is the subject of the charges is not impounded, the court in which the charges are pending may order the owner or person having custody of the companion animal to provide to the companion animal the necessities described in division (D)(2), (D)(3), (E)(2), (E)(3)(E), (F)(2), or (F)(3), (G)(2), or (G)(3) of section 959.131 of the Revised Code until the final disposition of the charges. If the court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the companion animal is being kept, at the times and under the conditions that the court may set, to determine whether the companion animal is receiving those necessities and to remove and impound the companion animal if the companion animal is not receiving those necessities.

(2)(a) If charges are filed under section 959.135 of the Revised Code against the custodian or caretaker of an equine, but the equine that is the subject of the charges is not impounded, the court in which the charges are pending may order the owner or person having custody of the equine to provide to the equine the necessities described in division (D)(2), (D)(3), or (D)(4) of section 959.135 of the Revised Code until the final disposition of the charges. If the court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the equine is being kept, at the times and under the conditions that the court may set, to determine whether the equine is receiving those necessities and to remove and impound the equine if the equine is not receiving those necessities.

(b) If an equine is impounded in accordance with this section, the impounding agency may obtain emergency veterinary care for the equine when, in good faith, the impounding agency determines such care is necessary to prevent suffering. The impounding agency and its agents are immune from civil liability for reasonable, good faith actions taken to secure such care.

Sec. 959.135. (A) As used in this section:

(1) "Equine" means any equine used or intended for use in human‑equine interaction, regardless of the existence of formal documentation of such interaction.

(2) "Human-equine interaction" means interaction between an equine and one or more humans, including for sport, recreation, lessons, therapy, instruction, or racing.

(3) "Custodian," "caretaker," "confine," cruelty," "torment," "torture," and "practice of veterinary medicine" have the same meanings as in section 959.131 of the Revised Code.

(4) "Serious physical harm" means physical harm that carries a substantial risk of death, causes permanent incapacity, or results in prolonged or intractable pain.

(B) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against an equine.

(C) No person shall knowingly cause serious physical harm to an equine.

(D) No person who confines or is the custodian or caretaker of an equine shall negligently do any of the following:

(1) Torture, torment, or commit an act of cruelty against the equine;

(2) Deprive the equine of necessary sustenance;

(3) Impound or confine the equine without affording it access to shelter appropriate for the species, size, and health of the equine, including protection from heat, cold, wind, rain, snow, or excessive direct sunlight, and including access to dry resting areas and safe footing, or otherwise expose it to adverse environmental conditions likely to cause sickness or suffering;

(4) Fail to provide necessary and timely veterinary care when the person knew or reasonably should have known the equine was ill, injured, or in pain;

(5) Transport the equine in a manner likely to cause injury or suffering, including confinement in extreme temperatures, the deprivation of water, overcrowding, or unsafe handling conditions.

(E) Divisions (B), (C), and (D) of this section do not apply to any of the following:

(1) An equine used in scientific research conducted by an institution in accordance with federal law;

(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Chapter 4741. of the Revised Code;

(3) Equines being used exclusively in bona fide agricultural production or farm work;

(4) The administering of medicine to an equine that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Chapter 4741. of the Revised Code.

(F) The director of agriculture, in consultation with the Ohio livestock care standards board and recognized equine organizations identified by the director, shall adopt rules under Chapter 119. of the Revised Code that are necessary to implement and enforce this section. The rules shall include species‑appropriate shelter standards, minimum care requirements, veterinary care guidelines, transportation standards, seizure procedures, and recordkeeping requirements.

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, division (C) of section 959.09, 959.12, or 959.17 or division (A) of section 959.15 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(D) Whoever violates division (A) of section 959.13 or section 959.21 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) or (E) 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 division (C) of section 959.131 of the Revised Code is guilty of a felony of the fifth degree.

(3) Whoever violates section 959.01 of the Revised Code or division (D) 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.

(4) Whoever violates division (F) of section 959.131 of the Revised Code is guilty of a felony of the fifth degree.

(5) Whoever violates division (G) of section 959.131 of the Revised Code is guilty of a misdemeanor of the first degree.

(6)(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 division (A) of section 959.13 or section 959.131 of the Revised Code to reimburse an impounding agency for the reasonable and necessary costs incurred by the agency for the care of an animal or livestock 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.

(7) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131 or 959.21 of the Revised Code has 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) (F)(1) Whoever violates division (B) of section 959.135 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. However, if an offender is convicted of or pleads guilty to two or more violations of section 959.135 of the Revised Code involving the same equine within a two-year period, any subsequent violation is a felony of the fourth degree.

(2) Whoever violates division (C) of section 959.135 of the Revised Code is guilty of one of the following:

(a) A felony of the third degree if the violation results in the permanent loss of use of a limb, loss of an eye, severe lameness, or the death of an equine;

(b) A felony of the fourth degree on a first offense and a felony of the third degree on each subsequent offense if division (F)(2)(a) of this section does not apply.

(3) Whoever violates division (D)(1) or (D)(2) of section 959.135 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. However, if an offender is convicted of or pleads guilty to two or more violations of section 959.135 of the Revised Code involving the same equine within a two-year period, any subsequent violation is a felony of the fourth degree.

(4) Whoever violates division (D)(3), (D)(4), or (D)(5) of section 959.135 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. However, if an offender is convicted of or pleads guilty to two or more violations of section 959.135 of the Revised Code involving the same equine within a two-year period, any subsequent violation is a felony of the fourth degree.

(5)(a) A court may order a person who is convicted of or pleads guilty to a violation of section 959.135 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 equines 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 equines 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 959.135 of the Revised Code to reimburse an impounding agency for the reasonable and necessary costs incurred by the agency for the care of an equine 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.

(6) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.135 of the Revised Code has 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.

(G) 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)(H) Whoever violates section 959.05 or 959.20 of the Revised Code is guilty of a misdemeanor of the first degree.

(H)(I) 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.

(I)(J) Whoever violates division (B) or (C) of section 959.15 of the Revised Code is guilty of a felony and shall be fined not more than ten thousand dollars.

Section 2. That existing sections 959.132 and 959.99 of the Revised Code are hereby repealed.

Section 3. Section 959.99 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 281 and S.B. 164 of the 134th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.