As Reported by the Senate Judiciary Committee 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
SENATORS B. JOHNSON-BLESSING-LATTA-HOWARD-OELSLAGER 14
16
A B I L L
To amend section 2919.25 of the Revised Code to 18
specify additional circumstances in which the 19
offense of domestic violence is a felony of the 20
fifth degree. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2919.25 of the Revised Code be 25
amended to read as follows: 26
Sec. 2919.25. (A) No person shall knowingly cause or 35
attempt to cause physical harm to a family or household member. 36
(B) No person shall recklessly cause serious physical harm 38
to a family or household member. 39
(C) No person, by threat of force, shall knowingly cause a 41
family or household member to believe that the offender will 42
cause imminent physical harm to the family or household member. 43
(D) Whoever violates this section is guilty of domestic 45
violence. A EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 46
violation of division (C) of this section is a misdemeanor of the 47
fourth degree. A, AND A violation of division (A) or (B) of this 49
section is a misdemeanor of the first degree. If the offender
previously has been convicted of domestic violence or, OF A 50
2
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 51
TO DOMESTIC VIOLENCE, OF a violation of section 2903.11, 2903.12, 52
2903.13, 2903.14, 2903.21, 2903.211, or 2903.22, 2911.211, OR 54
2919.22 of the Revised Code involving a person who was a family 55
or household member at the time of the violation, OR OF A 56
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 57
TO ONE OF THOSE SECTIONS INVOLVING A PERSON WHO WAS A FAMILY OR 58
HOUSEHOLD MEMBER AT THE TIME OF THE VIOLATION, a violation of 59
division (A) or (B) of this section is a felony of the fifth 61
degree, and a violation of division (C) of this section is a
misdemeanor of the third degree. 62
(E) As used in this section and sections 2919.251 and 64
2919.26 of the Revised Code: 65
(1) "Family or household member" means any of the 67
following: 68
(a) Any of the following who is residing or has resided 70
with the offender:
(i) A spouse, a person living as a spouse, or a former 72
spouse of the offender; 73
(ii) A parent or a child of the offender, or another 75
person related by consanguinity or affinity to the offender; 76
(iii) A parent or a child of a spouse, person living as a 78
spouse, or former spouse of the offender, or another person 79
related by consanguinity or affinity to a spouse, person living 80
as a spouse, or former spouse of the offender. 81
(b) The natural parent of any child of whom the offender 83
is the other natural parent. 84
(2) "Person living as a spouse" means a person who is 86
living or has lived with the offender in a common law marital 87
relationship, who otherwise is cohabiting with the offender, or 88
who otherwise has cohabited with the offender within one year 89
prior to the date of the alleged commission of the act in 90
question.
Section 2. That existing section 2919.25 of the Revised 92
3
Code is hereby repealed. 93