As Passed by the Senate 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
DIX-WHITE-WATTS-RAY 15
17
A B I L L
To amend section 2919.25 of the Revised Code to 19
specify additional circumstances in which the 20
offense of domestic violence is a felony of the 21
fifth degree. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2919.25 of the Revised Code be 26
amended to read as follows: 27
Sec. 2919.25. (A) No person shall knowingly cause or 36
attempt to cause physical harm to a family or household member. 37
(B) No person shall recklessly cause serious physical harm 39
to a family or household member. 40
(C) No person, by threat of force, shall knowingly cause a 42
family or household member to believe that the offender will 43
cause imminent physical harm to the family or household member. 44
(D) Whoever violates this section is guilty of domestic 46
violence. A EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 47
violation of division (C) of this section is a misdemeanor of the 48
fourth degree. A, AND A violation of division (A) or (B) of this 50
section is a misdemeanor of the first degree. If the offender
2
previously has been convicted of domestic violence or, OF A 51
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 52
TO DOMESTIC VIOLENCE, OF a violation of section 2903.11, 2903.12, 53
2903.13, 2903.14, 2903.21, 2903.211, or 2903.22, 2911.211, OR 55
2919.22 of the Revised Code involving a person who was a family 56
or household member at the time of the violation, OR OF A 57
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 58
TO ONE OF THOSE SECTIONS INVOLVING A PERSON WHO WAS A FAMILY OR 59
HOUSEHOLD MEMBER AT THE TIME OF THE VIOLATION, a violation of 60
division (A) or (B) of this section is a felony of the fifth 62
degree, and a violation of division (C) of this section is a
misdemeanor of the third degree. 63
(E) As used in this section and sections 2919.251 and 65
2919.26 of the Revised Code: 66
(1) "Family or household member" means any of the 68
following: 69
(a) Any of the following who is residing or has resided 71
with the offender:
(i) A spouse, a person living as a spouse, or a former 73
spouse of the offender; 74
(ii) A parent or a child of the offender, or another 76
person related by consanguinity or affinity to the offender; 77
(iii) A parent or a child of a spouse, person living as a 79
spouse, or former spouse of the offender, or another person 80
related by consanguinity or affinity to a spouse, person living 81
as a spouse, or former spouse of the offender. 82
(b) The natural parent of any child of whom the offender 84
is the other natural parent. 85
(2) "Person living as a spouse" means a person who is 87
living or has lived with the offender in a common law marital 88
relationship, who otherwise is cohabiting with the offender, or 89
who otherwise has cohabited with the offender within one year 90
prior to the date of the alleged commission of the act in 91
question.
3
Section 2. That existing section 2919.25 of the Revised 93
Code is hereby repealed. 94