SB 64: Increase penalties for companion animal cruelty offenses
The bill aims to increase penalties for animal cruelty offenses and restrict individuals convicted of certain animal abuse offenses from owning companion animals. A person convicted of a felony offense or a violation of specific animal-related laws cannot own, possess, or reside with companion animals for a period of three years after their release from incarceration. Additionally, the bill establishes new penalties for violating animal-related laws, including felony charges for certain offenses and mandatory prison terms. The court may also order the forfeiture of animals, impose fines, or require restitution in cases of animal abuse. In some cases, the court may order psychological evaluation or counseling for individuals with mental or emotional disorders that contributed to the animal abuse offense.<br>The bill proposes to amend the revised code to increase penalties for certain off…
| Feb. 12, 2025 | Referred to committee: Judiciary |
| Feb. 04, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
S. B. No. 64
Senator Cutrona
A B I L L
To amend sections 955.54 and 959.99 and to enact 1
section 959.23 of the Revised Code to increase 2
the penalties for violating companion animal 3
cruelty offenses and to prohibit a felony animal 4
abuse offender from owning a companion animal in 5
certain circumstances. 6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.54 and 959.99 be amended and 7
section 959.23 of the Revised Code be enacted to read as 8
follows: 9
Sec. 955.54. (A) No person who is convicted of or pleads 10
guilty to a felony offense of violence committed on or after the 11
effective date of this section May 22, 2012, or a felony 12
violation of any provision of Chapter 959., 2923., or 2925. of 13
the Revised Code committed on or after the effective date of 14
this section May 22, 2012, shall knowingly own, possess, have 15
custody of, or reside in a residence with either of the 16
following for a period of three years commencing either upon the 17
date of release of the person from any period of incarceration 18
imposed for the offense or violation or, if the person is not 19
S. B. No. 64 As Introduced
incarcerated for the offense or violation, upon the date of the 20
person's final release from the other sanctions imposed for the 21
offense or violation: 22
(1) An unspayed or unneutered dog older than twelve weeks 23
of age; 24
(2) Any dog that has been determined to be a dangerous dog 25
under Chapter 955. of the Revised Code. 26
(B) A person described in division (A) of this section 27
shall microchip for permanent identification any dog owned, 28
possessed by, or in the custody of the person. 29
(C)(1) Division (A) of this section does not apply to any 30
person who is confined in a correctional institution of the 31
department of rehabilitation and correction. 32
(2) Division (A) of this section does not apply to any 33
person with respect to any dog that the person owned, possessed, 34
had custody of, or resided in a residence with prior to the 35
effective date of this section May 22, 2012. 36
Sec. 959.23. (A) As used in this section: 37
(1) "Animal abuse offense" means a violation of Chapter 38
959. or section 2921.321 of the Revised Code. 39
(2) "Companion animal" has the same meaning as in section 40
959.131 of the Revised Code. 41
(B) No person who is convicted of or pleads guilty to a 42
felony animal abuse offense committed on or after the effective 43
date of this section shall knowingly own, possess, have custody 44
of, or reside in a residence with any companion animal for a 45
period of three years commencing either upon the date of release 46
of the person from any period of incarceration imposed for the 47
S. B. No. 64 As Introduced
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) 63
of section 959.09, 959.12, or 959.17 or division (A) of section 64
959.15 of the Revised Code is guilty of a misdemeanor of the 65
fourth degree. 66
(D)(E) Whoever violates division (A) of section 959.13 or 67
section 959.21 of the Revised Code is guilty of a misdemeanor of 68
the second degree. In addition, the court may order the offender 69
to forfeit the animal or livestock and may provide for its 70
disposition, including, but not limited to, the sale of the 71
animal or livestock. If an animal or livestock is forfeited and 72
sold pursuant to this division, the proceeds from the sale first 73
shall be applied to pay the expenses incurred with regard to the 74
care of the animal from the time it was taken from the custody 75
of the former owner. The balance of the proceeds from the sale, 76
S. B. No. 64 As Introduced
if any, shall be paid to the former owner of the animal. 77
(E)(1) Whoever (F)(1)(a) Except as provided in division 78
(F)(1)(b) of this section, whoever violates division (B) or (E) 79
of section 959.131 of the Revised Code is guilty of a 80
misdemeanor felony of the first fifth degree on a first offense 81
and and the court shall impose as a mandatory prison term the 82
maximum prison term prescribed for a felony of the fifth degree. 83
(b) If the offender previously has pleaded guilty to or 84
been convicted of a violation of section 959.131 of the Revised 85
Code, a violation of division (B) or (E) of section 959.131 is a 86
a felony of the fifth third degree on each subsequent offenseand 87
the court shall impose as a mandatory prison term the maximum 88
prison term prescribed for a felony of the third degree. 89
(2) Whoever violates division (C) or (F) of section 90
959.131 of the Revised Code is guilty of a felony of the fifth 91
third degree and the court shall impose as a mandatory prison 92
term the maximum prison term prescribed for a felony of the 93
third degree. 94
(3) Whoever (3)(a) Except as provided in division (F)(3) 95
(b) of this section, whoever violates section 959.01 of the 96
Revised Code or division (D) of section 959.131 of the Revised 97
Code is guilty of a misdemeanor of the second first degree on a 98
first offense and the court shall impose as a mandatory jail 99
term the maximum jail term prescribed for a misdemeanor of the 100
first degree. 101
(b) If the offender previously has pleaded guilty to or 102
been convicted of a violation of section 959.131 of the Revised 103
Code, a violation of division (D) of section 959.131 is a 104
misdemeanor felony of the first fifth degree on each subsequent 105
S. B. No. 64
As Introduced
offenseand the court shall impose as a mandatory prison term the 106
maximum prison term prescribed for a felony of the fifth degree. 107
(4) Whoever violates division (F) of section 959.131 of 108
the Revised Code is guilty of a felony of the fifth degree. 109
(5) Whoever (4)(a) Except as provided in division (F)(4) 110
(b) of this section, whoever violates division (G) of section 111
959.131 of the Revised Code is guilty of a misdemeanor felony of 112
the first fifth degree and the court shall impose as a mandatory 113
prison term the maximum prison term prescribed for a felony of 114
the fifth degree. 115
(b) If the offender previously has pleaded guilty to or 116
been convicted of a violation of section 959.131 of the Revised 117
Code, a violation of division (G) of section 959.131 of the 118
Revised Code is a felony of the third degree and the court shall 119
impose as a mandatory prison term the maximum prison term 120
prescribed for a felony of the third degree. 121
(6)(a)(5)(a) A court may order a person who is convicted 122
of or pleads guilty to a violation of section 959.131 of the 123
Revised Code to forfeit to an impounding agency, as defined in 124
section 959.132 of the Revised Code, any or all of the companion 125
animals in that person's ownership or care. The court also may 126
prohibit or place limitations on the person's ability to own or 127
care for any companion animals for a specified or indefinite 128
period of time. 129
(b) A court may order a person who is convicted of or 130
pleads guilty to a violation of division (A) of section 959.13 131
or section 959.131 of the Revised Code to reimburse an 132
impounding agency for the reasonable and necessary costs 133
incurred by the agency for the care of an animal or livestock 134
S. B. No. 64 As Introduced
that the agency impounded as a result of the investigation or 135
prosecution of the violation, provided that the costs were not 136
otherwise paid under section 959.132 of the Revised Code. 137
(7)(6) If a court has reason to believe that a person who 138
is convicted of or pleads guilty to a violation of section 139
959.131 or 959.21 of the Revised Code has a mental or emotional 140
disorder that contributed to the violation, the court may impose 141
as a community control sanction or as a condition of probation a 142
requirement that the offender undergo psychological evaluation 143
or counseling. The court shall order the offender to pay the 144
costs of the evaluation or counseling. 145
(F)(G) Whoever violates section 959.14 of the Revised Code 146
is guilty of a misdemeanor of the second degree on a first 147
offense and a misdemeanor of the first degree on each subsequent 148
offense. 149
$\nleftarrow$ (H) Whoever violates section 959.05 or 959.20 of the 150
Revised Code is guilty of a misdemeanor of the first degree. 151
(H)(I) Whoever violates section 959.16 of the Revised Code 152
is guilty of a felony of the fourth degree for a first offense 153
and a felony of the third degree on each subsequent offense. 154
(I)(J) Whoever violates division (B) or (C) of section 155
959.15 of the Revised Code is guilty of a felony and shall be 156
fined not more than ten thousand dollars. 157
Section 2. That existing sections 955.54 and 959.99 of the 158
Revised Code are hereby repealed. 159
Section 3. Section 959.99 of the Revised Code is presented 160
in this act as a composite of the section as amended by both 161
H.B. 281 and S.B. 164 of the 134th General Assembly. The General 162
Assembly, applying the principle stated in division (B) of 163
S. B. No. 64 As Introduced
section 1.52 of the Revised Code that amendments are to be 164
harmonized if reasonably capable of simultaneous operation, 165
finds that the composite is the resulting version of the section 166
in effect prior to the effective date of the section as 167
presented in this act. 168