Update May 28, 2008: There is not much time left before the Ohio legislature's summer recess. H.B. 418 must still come to the floor for a vote by the full House. Click here to contact Speaker Jon Husted and urge him to schedule H.B. 418 for a vote.  

Click here to find and contact Ohio's state representatives and urge them to support H.B. 418.  Don't wait. Do it now.

Read Animal Law Coalition's reports below for more on this bill that will increase penalties for animal cruelty and also allow judges to enter orders of protection to require abusers to stay away from a companion animal just like any victim of domestic violence. Also, below you will find summaries of other testimony heard by the committee.

Update May 23, 2008:  H.B. 418 was unanimously reported out of committee today.

There were three changes: one  removes a continuing professional education requirement, and another amendment states that a court may - rather than shall - include in a protection order any pet that is in the petitioner's residence; a third amendment gives judges the option of requiring counseling instead of making it mandatory. Both bill sponsors opposed the change. The amendment would still would mandate that a minor convicted of cruelty to a companion animal undergo psychological evaluation, but would give judges discretion about ordering counseling or seeking a second evaluation.

Psychologist Daniel Davis of Columbus, testifying on behalf of the Ohio Psychological Association, said, "The problem of animal cruelty is a significant one that can provide the clear potential of early identification and intervention with youth".

Kyme Rennick, staff legal counsel for the Department of Mental Health, outlined available funding sources for court ordered treatment in the mental health system. She said the bill authorizes a judge to order a parent or guardian to pay costs of a minor's evaluation and counseling.  

In the event of indigence, Ms. Rennick said funding might be available through Medicaid, private insurance, the Department of Youth Services, or a Children's Services Agency. "The question has been raised about the Department of Mental Health's financial responsibility for the treatment services," Ms. Rennick said. "The department would not be financially responsible for the services."

Update April 14, 2008:  Proponents of H.B. 418 made clear in testimony before the Ohio House Justice Committee last week that there is a clear link between animal abuse and domestic violence.

Dean Vickers, Ohio State Director for The Humane Society of the United States (HSUS), testified, "More than 64 million households in the United States have one or more companion animals and 70% of U. S. households with minor children include pets. Pets are part of the family. Most of the time this is for the good, but not all families function well all of the time. According to the Department of Justice, there were 3.5 million victims of family violence between the years 1998 to 2002.

"Ask any domestic violence counselor, or hot line operator, and they will tell you that domestic violence almost never occurs in isolation.

"Domestic violence experts note that a batterer is motivated by the need for absolute power and control, and to achieve this power and control, the batterer will use any leverage they can get their hands on--including the children and the family pets. Children and animals in the family are threatened, or actually harmed, as a way to manipulate and coerce others in the family.

"Experts in domestic violence were writing about the link between pet abuse and domestic violence as early as 1984, over twenty years ago. Animal cruelty is included as a form of intimidation in the ‘power and control wheel' used by advocates to explain the dynamics of domestic violence.

"Reinforcing these observations of domestic violence advocates, is a growing body of research, which over the last twenty years, has firmly established a significant link between domestic violence and animal abuse. Five different studies determined that from 48.8% to 71% of battered women reported that their pets had been threatened, harmed, or killed by their partners.

"In a national survey of battered women's shelters, 85% of the shelters surveyed affirmed that women seeking shelter at safe houses reported incidents of pet abuse.

"Dr. Jacquelyn Campbell, Public Health Department, the Johns Hopkins University is a nationally recognized research expert on domestic violence. A study conducted by her and members of her team from 1994 to 2000 in eleven USA metropolitan cities, sought to find out what characteristics could predict intimate partner violence. Pet abuse was identified as one of the four significant predictors for determining who was at highest risk for becoming a batterer.

"Animal abuse may be the first sign of family violence--or the first indication to others that there is a family in trouble. Paying close attention to animal cruelty allows agencies to make earlier identifications and offer more effective interventions for the protection of families and the animals that live in them.

"Because of the often close ties between women, children, and their pets, domestic violence victims delay leaving because they fear for their pets' safety. From 18 to 48% of battered women delayed leaving a dangerous situation out of concern for their pets safety. When the pets also had been abused, the percentage of women who delayed leaving rose to 65%".

Jodi Buckman, executive director of the Capital Area Humane Society, told the Committee, "We see first hand the actions of abusers seeking to control their victims - a dog poisoned, a pet bird pinned to the wall of an apartment with a knife next to messages for the victim written in blood.

"By extending protection orders to the pets of a family suffering from violence, you are essentially removing a potential weapon from the arsenal of an abuser, as abusers will often use cruelty or the threat of cruelty to a pet in an effort to control the human victims in a home."

Veterinarian James Prueter said "Animals are the 'canary in the mine' - they are the first to sing of violence among humans, they are unknowingly warning us that something is wrong ... And we are not listening....

"One hundred percent of serial killers began ritualistically abusing, torturing and killing animals, practicing and desensitizing themselves to proceed on to humans."

WHAT YOU CAN DO

Read Animal Law Coalition's original report below for information about this bill, H.B. 418.

Click here to find and email or call committee members and urge them to pass H.B. 418. Also, click here to find and contact Ohio's state representatives and urge them to support H.B. 418.  

Original report: Ohio State Representative Brian Williams has introduced H.B. 418, a proposed law to protect pets from domestic violence. 

In a press release, Rep. Williams explained, "While investigating animal cruelty and domestic violence issues, it came to [our] attention that maiming and killing victims' pets is commonly used by violators to punish and control domestic violence, stalking, and sexual abuse sufferers. 

"Pets are often the only source of emotional comfort for domestic and sexual abuse victims.  It has also been shown that sexual predators use pets against children that they are sexually violating.  This new legislation was crafted recognizing that there is a gap in current law that does not address the needs of domestic violence victims and their pets."

Rep. Williams added, "Often they (victims) have no place to go with their pets, so they remain in bad situations because their pets may be hurt or killed in retaliation by the abuser."

Under H.B. 418 a court can order an abuser to stay away from a companion animal just like any victim of domestic violence.

A law allowing judges to issues orders of protection for pets was first passed in Maine in 2006 and since then Vermont, New York. California, Illinois and Connecticut have passed similar laws.  

Increased penalties for animal cruelty

H.B. 418 also contains increased penalties for animal cruelty offenses, though not as tough as those previously proposed under H.B. 22 that was pending last year.  

H.B. 22 would have made most animal cruelty and torture a 5th degree felony for second and subsequent offenses. Under H.B. 418 most animal cruelty would remain a misdemeanor though it would be a 1st degree misdemeanor instead of 2nd degree for second and subsequent offenses. A misdemeanor in the 1st degree is generally punishable by up to 6 months in jail.  O.R.C. §959.13, 959.99

Also under H.B. 418 animal cruelty and torture of a companion animal would remain a 1st degree misdemeanor on the first offense and a 5th degree felony on the second and subsequent offenses though a period of probation would be added to the sentence. Under H.B. 22 animal cruelty and torture of a companion animal would have been a 5th degree felony on the first offense and a felony in the 3rd degree on second and subsequent offenses. O.R.C. §959.131, 959.99

H.B. 418 would require counseling or treatment for children under 18 years of age who are convicted of animal cruelty whereas H.B. 22 set the age limit at 15.

In calling for more stringent penalties for animal cruelty, Rep. Brian Williams had this to say, "This legislation is necessary because Ohio lags behind other states in their punishment of animal abuse cases.  So commonplace is severe animal abuse in Ohio, that almost everyday in the news - we hear about a new crime involving animal cruelty.  While the crimes may be new, you can often notice, the name of the same offender is to blame in repeat cases. 

"Add to this fact that mental health professionals consider animal cruelty to be one of the cornerstones of the Behavior Predictor Triangle ...., and I think you can see why the legislation is needed".  Click on Downloads at the top right on this page for a copy of the Behavior Predictor Triangle.

Rep. Williams went on to say, "It has been proven that often those who abuse animals go on to more serious crimes, and even serial murder.  The FBI has linked animal abuse as a predictor of future crimes including spousal battering, rape, and murder.

"A good example of this actually took place in my district, with serial killer Jeffrey Dahmer.  Dahmer, after his incarceration and before his death at the hands of a fellow inmate, appeared with his father, on an MSNBC news documentary.  His father said he wished they had sought help, during Jeffrey's early years of animal abuse.  The granddaughter of one of Dahmer's former neighbors in Bath, Ohio contacted my office after this bill was introduced.  She told us that her grandmother found carcass and pieces of dismembered animals in the space where her property adjoined Dahmers'.  The grandmother told her family that at the time she could not imagine what was happening to the animals.  Of course years later - she made the connection!"

"We will never know, but perhaps the type of intervention proposed in H.B. [418],  could have treated or even stopped Dahmer's psychosis, and he would not have committed some of the most notorious and sickening crimes in history." 

Studies say animal abusers likely to commit domestic violence and other violent crimes.

Several studies support what the mental health profession calls a "link" between animal abuse and domestic violence and other violent crimes.

70% of animal abusers were found in one 20 year study to have then committed other crimes, and 44% went on to harm people. (Arluke, A. & Luke, C. 1997).

In another recent study 99% of animal abusers had convictions for other crimes. (Clarke, J. P. 2002). In that same study it was found 100% of people who committed sexual homicide had abused animals. (Clarke, J. P. 2002). That study also revealed 61.5% of animal abusers had assaulted a human as well. (Clarke, J. P. 2002).

63.3% of inmates in one prison study who were in for violent crimes admitted to abusing animals. This doesn't include the ones who didn't admit it. (Schiff Louw Ascione, 1999)

Police have found animal abuse is a better predictor of whether someone will commit sexual assault than previous convictions for murder or arson. (Clarke, J. P. 2002).

71% of women in a battered women's shelter reported their abuser either abused a household pet or threatened to abuse a pet. (Ascione, 1998)

In another study 88% of child abusers also abused the animals in the home. (Ascione)

Animal abuse laws are as much about recognizing the danger to people from animal abusers as these laws are about protecting animals. Help give prosecutors the tools they need to stop animal abusers. The lives of humans as well as animals depend on it.

H.B. 418 is also sponsored by Rep. Courtney Combs and co-sponsored by Ohio State representatives Evans, Lundy, Setzer, Fende, DeBose, Domenick, Brown, Yuko, Stebelton, Hughes, Harwood, and Heard.

Click here for a look at Ohio's current animal cruelty laws.