As Passed by the House 1
122nd General Assembly 4
Regular Session H. B. No. 238 5
1997-1998 6
REPRESENTATIVES COUGHLIN-VAN VYVEN-THOMPSON-SCHURING-NETZLEY- 8
THOMAS-CORBIN-TAYLOR-PRINGLE-WILLIAMS-BENDER-GARCIA-TIBERI- 9
TERWILLEGER-O'BRIEN-SUTTON-LUCAS-CALLENDER-MASON-GARDNER- 10
BATEMAN-MOTTL-REID-GRENDELL-JAMES-MYERS-DAMSCHRODER-VESPER- 11
KASPUTIS-HAINES-BRADING-BRADY-CLANCY-VERICH-HARRIS-ROBERTS- 12
SYKES-OLMAN-METZGER-TAVARES-PATTON-SULZER-STAPLETON-SALERNO 13
15
A B I L L
To amend section 2919.25 of the Revised Code to 17
specify additional circumstances in which the 18
offense of domestic violence is a felony of the 19
fifth degree. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2919.25 of the Revised Code be 24
amended to read as follows: 25
Sec. 2919.25. (A) No person shall knowingly cause or 34
attempt to cause physical harm to a family or household member. 35
(B) No person shall recklessly cause serious physical harm 37
to a family or household member. 38
(C) No person, by threat of force, shall knowingly cause a 40
family or household member to believe that the offender will 41
cause imminent physical harm to the family or household member. 42
(D) Whoever violates this section is guilty of domestic 44
violence. A EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 45
violation of division (C) of this section is a misdemeanor of the 46
fourth degree. A, AND A violation of division (A) or (B) of this 48
section is a misdemeanor of the first degree. If the offender
previously has been convicted of domestic violence or, OF A 49
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 50
2
TO DOMESTIC VIOLENCE, OF a violation of section 2903.11, 2903.12, 51
2903.13, 2903.14, 2903.21, 2903.211, or 2903.22, 2911.211, OR 53
2919.22 of the Revised Code involving a person who was a family 54
or household member at the time of the violation, OR OF A 55
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 56
TO ONE OF THOSE SECTIONS INVOLVING A PERSON WHO WAS A FAMILY OR 57
HOUSEHOLD MEMBER AT THE TIME OF THE VIOLATION, a violation of 58
division (A) or (B) of this section is a felony of the fifth 60
degree, and a violation of division (C) of this section is a
misdemeanor of the third degree. 61
(E) As used in this section and sections 2919.251 and 63
2919.26 of the Revised Code: 64
(1) "Family or household member" means any of the 66
following: 67
(a) Any of the following who is residing or has resided 69
with the offender:
(i) A spouse, a person living as a spouse, or a former 71
spouse of the offender; 72
(ii) A parent or a child of the offender, or another 74
person related by consanguinity or affinity to the offender; 75
(iii) A parent or a child of a spouse, person living as a 77
spouse, or former spouse of the offender, or another person 78
related by consanguinity or affinity to a spouse, person living 79
as a spouse, or former spouse of the offender. 80
(b) The natural parent of any child of whom the offender 82
is the other natural parent. 83
(2) "Person living as a spouse" means a person who is 85
living or has lived with the offender in a common law marital 86
relationship, who otherwise is cohabiting with the offender, or 87
who otherwise has cohabited with the offender within one year 88
prior to the date of the alleged commission of the act in 89
question.
Section 2. That existing section 2919.25 of the Revised 91
Code is hereby repealed. 92