As Introduced
136th General Assembly
Regular Session S. B. No. 64
2025-2026
Senator Cutrona
A B I L L
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
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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
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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,
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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
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offenseand 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
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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
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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.
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