Update Sept. 22, 2011: A committee substitute version of Nitro's Law, H.B. 108, has now passed the Criminal Justice Committee.

Under the amendment, managers and employees of kennels as well as owners would be charged with a 5th degree felony on the first offense for knowing failure to provide basic care including sufficient food and water, veterinary care, and adequate shelter.

The prosecutor would have discretion to charge owners, managers and employees of a kennel with a 5th degree felony on the first offense or a misdemeanor in the first degree for knowingly committing any of the following: "[t]orture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal".

Kennel owners, managers and employees can be prosecuted for a misdemeanor in the first degree on a first offense if they negligently (1) "[h]arm, injure, harass, or cause the death of the companion animal; (2) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment or confinement in any of those specified manners."

The bill now goes to the full Ohio House of Representatives for a vote. Last session Nitro's Law passed in the House by a vote of 59-38 but failed to come to a vote in the state Senate.  

H.B. 108 would strengthen Ohio's law protecting companion animals, ORC Sections 959.131 and 959.99.

Mary O'Connor Shaver, founder of Columbus Top Dogs, said this bill has come this far because of "Liz and Tom, proud guardians to the beloved Nitro, one of seven deceased canine companions found at High Caliber K-9, which served as the catalyst for this proposed legislation.  Liz and Tom have been incredible advocates to ensure the legacy of Nitro will not be forgotten.  We applaud their bravery and dedication to serving as a strong voice for those animals that cannot speak for themselves."

Nitro's story 

The need to increase penalties for this crime became clear when in October, 2008, authorities raided High Caliber K-9 in Youngstown, a training and boarding facility owned by Steve Croley.  A humane agent initiated the raid after he saw several dogs with bulging bones and spines, clearly starving. The poor animals were staggering around. Authorities found 7 dead dogs and numerous others were suffering from starvation, dehydration and lack of care. The dead dogs had died from starvation or dehydration, probably both.

People had left their dogs in Croley's care for training or boarding.  Liz and Tom decided their dog, Nitro, was particularly smart and thought he could benefit from a "summer camp" at Croley's facility. They toured the facility and even had dinner with Croley and his wife. Nothing seemed amiss. Of course, they paid well for their dog's training and boarding. Nitro died as a result of Croley's abusive mistreatment, dying probably of starvation or dehydration.

Croley was charged under current Ohio law with 4 misdemeanors despite the numerous animals that suffered in his custody. On January 22, 2009, Croley was sentenced to 4 months in jail, one month for each of 4 of the dogs he caused to suffer and starve to death. One month in jail per dog but for only 4 of the dogs. Nitro was not one of the dogs. Croley was ordered to pay $1,796 in restitution and a $1,000 fine. He is on probation for 3 years during which time he cannot own or keep any animals. After that, though, he is free to resume keeping animals.

It was likely worth it to Croley to divert the money paid to him rather than feed the dogs or provide care for them. He was practically rewarded under Ohio law for doing this.

Current Ohio Law for Companion Animal Cruelty 

Under Ohio law, ORC §959.131 there are what are described as special protections for companion animals.

But under this law it is still a misdemeanor in the first degree on the first offense for any person to knowingly torture, torment or maim a companion animal as well as knowingly "cruelly beat, poison, needlessly kill, or commit an act of cruelty" to the animal. It is only on the second offense that an abuser is charged with a felony in the fifth degree.

An owner, kennel operator or other custodian or caregiver is only charged with a misdemeanor in the second degree on a first offense and a misdemeanor in the first degree for subsequent offenses of (1) negligently inflicting torture, torment, needlessly mutilating or maiming, cruelly beating, poisoning, needlessly killing, or committing an act of cruelty against the companion animal; or for

(2) negligently depriving the companion animal of necessary sustenance, confining the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impounding or confining the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment or confinement in any of those specified manners. ORC §§959.131(C), 959.99(E)(2)

To stop criminals like Croley, kennel operators that would starve dogs, fail to give them water, basic sustenance and care, and treat them cruelly, Ohio state Rep. Ronald V. Gerberry and state Rep. Robert F. Hagan introduced H.B. 108.

WHAT YOU CAN DO

Find your Ohio state representative here.  Write (faxes are best) or call. Urge committee members and your state representative to vote yes on Nitro's Law, H.B. 108, and give prosecutors the discretion to charge kennel operators with a felony for torturing or otherwise abusing companion animals or allowing them to starve or freeze.