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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 64
2025-2026
Senator Cutrona
A
BILL
To
amend sections 955.54 and 959.99 and to enact section 959.23 of the
Revised Code
to
increase the penalties for violating companion animal cruelty
offenses and to prohibit a felony animal abuse offender from owning a
companion animal in certain circumstances.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 955.54 and 959.99 be amended and section 959.23 of the
Revised Code be enacted to read as follows:
Sec.
955.54.
(A)
No person who is convicted of or pleads guilty to a felony offense of
violence committed on or after
the
effective date of this section
May 22, 2012,
or a felony violation of any provision of Chapter
959.,
2923.
,
or 2925. of the Revised Code committed on or after
the
effective date of this section
May 22, 2012,
shall knowingly own, possess, have custody of, or reside in a
residence with either of the following for a period of three years
commencing either upon the date of release of the person from any
period of incarceration imposed for the offense or violation or, if
the person is not incarcerated for the offense or violation, upon the
date of the person's final release from the other sanctions imposed
for the offense or violation:
(1)
An unspayed or unneutered dog older than twelve weeks of age;
(2)
Any dog that has been determined to be a dangerous dog under Chapter
955. of the Revised Code.
(B)
A person described in division (A) of this section shall microchip
for permanent identification any dog owned, possessed by, or in the
custody of the person.
(C)(1)
Division (A) of this section does not apply to any person who is
confined in a correctional institution of the department of
rehabilitation and correction.
(2)
Division (A) of this section does not apply to any person with
respect to any dog that the person owned, possessed, had custody of,
or resided in a residence with prior to
the
effective date of this section
May 22, 2012
.
Sec.
959.23.
(A)
As used in this section:
(1)
"Animal abuse offense" means a violation of Chapter 959. or
section 2921.321 of the Revised Code.
(2)
"Companion animal" has the same meaning as in section
959.131 of the Revised Code.
(B)
No person who is convicted of or pleads guilty to a felony animal
abuse offense committed on or after the effective date of this
section shall knowingly own, possess, have custody of, or reside in a
residence with any companion animal for a period of three years
commencing either upon the date of release of the person from any
period of incarceration imposed for the offense or, if the person is
not incarcerated for the offense, upon the date that the person is
convicted of or pleads guilty to the offense.
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 959.01 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.
(D)
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)
(E)
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
(F)(1)(a)
Except as provided in division (F)(1)(b) of this section, whoever
violates
division (B) or (E) of section 959.131 of the Revised Code is guilty
of a
misdemeanor
felony
of
the
first
fifth
degree
on
a first offense and
and
the court shall impose as a mandatory prison term the maximum prison
term prescribed for a felony of the fifth degree.
(b)
If the offender previously has pleaded guilty to or been convicted of
a violation of section 959.131 of the Revised Code, a violation of
division (B) or (E) of section 959.131 is a
a
felony of the
fifth
third
degree
on
each subsequent offense
and
the court shall impose as a mandatory prison term the maximum prison
term prescribed for a felony of the third degree
.
(2)
Whoever violates division (C)
or
(F)
of
section 959.131 of the Revised Code is guilty of a felony of the
fifth
third
degree
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the third degree
.
(3)
Whoever
(3)(a)
Except as provided in division (F)(3)(b) of this section, 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
first
degree
on
a first offense
and
the
court shall impose as a mandatory jail term the maximum jail term
prescribed for a misdemeanor of the first degree.
(b)
If the offender previously has pleaded guilty to or been convicted of
a violation of section 959.131 of the Revised Code, a violation of
division (D) of section 959.131 is
a
misdemeanor
felony
of
the
first
fifth
degree
on
each subsequent offense
and
the court shall impose as a mandatory prison term the maximum prison
term prescribed for a felony of the fifth degree
.
(4)
Whoever violates division (F) of section 959.131 of the Revised Code
is guilty of a felony of the fifth degree.
(5)
Whoever
(4)(a)
Except as provided in division (F)(4)(b) of this section, whoever
violates
division (G) of section 959.131 of the Revised Code is guilty of a
misdemeanor
felony
of
the
first
fifth
degree
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the fifth degree.
(b)
If the offender previously has pleaded guilty to or been convicted of
a violation of section 959.131 of the Revised Code, a violation of
division (G) of section 959.131 of the Revised Code is a felony of
the third degree and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the third
degree
.
(6)(a)
(5)(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)
(6)
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)
(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 955.54 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.