As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                            Sub. H.B. No. 162    5            

      1999-2000                                                    6            


   REPRESENTATIVES SALERNO-BATEMAN-BENDER-BOGGS-BOYD-BRADING-      8            

    BRITTON-BUCHY-BUEHRER-CALLENDER-CATES-CLANCY-CORBIN-CORE-      9            

    COUGHLIN-DAMSCHRODER-EVANS-FORD-GERBERRY-GOODMAN-HAINES-       10           

 HARRIS-HOUSEHOLDER-JOLIVETTE-JONES-KREBS-KRUPINSKI-LOGAN-MAIER-   11           

   MEAD-METZGER-MOTTLEY-MYERS-O'BRIEN-OGG-OLMAN-OPFER-PADGETT-     12           

  PATTON-PERZ-PRINGLE-ROMAN-SCHULER-SCHURING-STAPLETON-SULZER-     13           

    SUTTON-TAYLOR-TERWILLEGER-THOMAS-TIBERI-VAN VYVEN-VESPER-      14           

    WILLAMOWSKI-WILLIAMS-WILSON-WINKLER-WOMER BENJAMIN-CAREY-      15           

   ALLEN-DePIERO-SULLIVAN-HOOPS-ROBERTS-BARNES-LUCAS-NETZLEY-      16           

      R.MILLER-SMITH-SENATORS BLESSING-LATTA-DRAKE-CARNES-         17           

     KEARNS-GARDNER-MUMPER-WHITE-NEIN-ARMBRUSTER-WACHTMANN-        18           

  DiDONATO-SPADA-WATTS-JOHNSON-HAGAN-BRADY-SHOEMAKER-PRENTISS-     19           

                         ESPY-SCHAFRATH                            20           


_________________________________________________________________   22           

                          A   B I L L                                           

             To amend sections 2901.01 and 2919.22 and to enact    25           

                section 2903.15 of the Revised Code to increase    26           

                the penalty for endangering children to a felony                

                of the second degree when it is based on abuse of  27           

                a child that results in serious physical harm to   28           

                the child, to create the offense of permitting                  

                child abuse, and to include the new offense and    30           

                the offense of endangering children in certain                  

                circumstances as offenses of violence.             31           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 2901.01 and 2919.22 be amended     36           

and section 2903.15 of the Revised Code be enacted to read as      37           

follows:                                                                        

      Sec. 2901.01.  (A)  As used in the Revised Code:             46           

                                                          2      


                                                                 
      (1)  "Force" means any violence, compulsion, or constraint   48           

physically exerted by any means upon or against a person or        49           

thing.                                                             50           

      (2)  "Deadly force" means any force that carries a           52           

substantial risk that it will proximately result in the death of   53           

any person.                                                        54           

      (3)  "Physical harm to persons" means any injury, illness,   56           

or other physiological impairment, regardless of its gravity or    57           

duration.                                                          58           

      (4)  "Physical harm to property" means any tangible or       60           

intangible damage to property that, in any degree, results in      61           

loss to its value or interferes with its use or enjoyment.         62           

"Physical harm to property" does not include wear and tear         63           

occasioned by normal use.                                          64           

      (5)  "Serious physical harm to persons" means any of the     66           

following:                                                         67           

      (a)  Any mental illness or condition of such gravity as      69           

would normally require hospitalization or prolonged psychiatric    70           

treatment;                                                         71           

      (b)  Any physical harm that carries a substantial risk of    73           

death;                                                             74           

      (c)  Any physical harm that involves some permanent          76           

incapacity, whether partial or total, or that involves some        77           

temporary, substantial incapacity;                                 78           

      (d)  Any physical harm that involves some permanent          80           

disfigurement or that involves some temporary, serious             81           

disfigurement;                                                     82           

      (e)  Any physical harm that involves acute pain of such      84           

duration as to result in substantial suffering or that involves    85           

any degree of prolonged or intractable pain.                       86           

      (6)  "Serious physical harm to property" means any physical  88           

harm to property that does either of the following:                89           

      (a)  Results in substantial loss to the value of the         91           

property or requires a substantial amount of time, effort, or      92           

                                                          3      


                                                                 
money to repair or replace;                                        93           

      (b)  Temporarily prevents the use or enjoyment of the        95           

property or substantially interferes with its use or enjoyment     96           

for an extended period of time.                                    97           

      (7)  "Risk" means a significant possibility, as contrasted   99           

with a remote possibility, that a certain result may occur or      100          

that certain circumstances may exist.                              101          

      (8)  "Substantial risk" means a strong possibility, as       103          

contrasted with a remote or significant possibility, that a        104          

certain result may occur or that certain circumstances may exist.  105          

      (9)  "Offense of violence" means any of the following:       107          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       109          

2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,    110          

2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,     112          

2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02,     113          

2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161  114          

or, of division (A)(1), (2), or (3) of section 2911.12, OR OF      115          

DIVISION (B)(1), (2), (3), OR (4) OF SECTION 2919.22 of the        116          

Revised Code or felonious sexual penetration in violation of       117          

former section 2907.12 of the Revised Code;                        118          

      (b)  A violation of an existing or former municipal          120          

ordinance or law of this or any other state or the United States,  121          

substantially equivalent to any section, division, or offense      122          

listed in division (A)(9)(a) of this section;                      123          

      (c)  An offense, other than a traffic offense, under an      125          

existing or former municipal ordinance or law of this or any       126          

other state or the United States, committed purposely or           127          

knowingly, and involving physical harm to persons or a risk of     128          

serious physical harm to persons;                                  129          

      (d)  A conspiracy or attempt to commit, or complicity in     131          

committing, any offense under division (A)(9)(a), (b), or (c) of   133          

this section.                                                                   

      (10)(a)  "Property" means any property, real or personal,    136          

tangible or intangible, and any interest or license in that        137          

                                                          4      


                                                                 
property.  "Property" includes, but is not limited to, cable                    

television service, other telecommunications service,              138          

telecommunications devices, information service, computers, data,  139          

computer software, financial instruments associated with           140          

computers, other documents associated with computers, or copies    141          

of the documents, whether in machine or human readable form,       142          

trade secrets, trademarks, copyrights, patents, and property       143          

protected by a trademark, copyright, or patent.  "Financial        144          

instruments associated with computers" include, but are not        145          

limited to, checks, drafts, warrants, money orders, notes of       146          

indebtedness, certificates of deposit, letters of credit, bills    147          

of credit or debit cards, financial transaction authorization      148          

mechanisms, marketable securities, or any computer system          149          

representations of any of them.                                    150          

      (b)  As used in division (A)(10) of this section, "trade     152          

secret" has the same meaning as in section 1333.61 of the Revised  153          

Code, and "telecommunications service" and "information service"   154          

have the same meanings as in section 2913.01 of the Revised Code.  155          

      (c)  As used in divisions (A)(10) and (13) of this section,  157          

"cable television service," "computer," "computer software,"       158          

"computer system," "computer network," "data," and                              

"telecommunications device" have the same meanings as in section   161          

2913.01 of the Revised Code.                                                    

      (11)  "Law enforcement officer" means any of the following:  163          

      (a)  A sheriff, deputy sheriff, constable, police officer    165          

of a township or joint township police district, marshal, deputy   166          

marshal, municipal police officer, member of a police force        167          

employed by a metropolitan housing authority under division (D)    168          

of section 3735.31 of the Revised Code, or state highway patrol    169          

trooper;                                                           170          

      (b)  An officer, agent, or employee of the state or any of   172          

its agencies, instrumentalities, or political subdivisions, upon   173          

whom, by statute, a duty to conserve the peace or to enforce all   174          

or certain laws is imposed and the authority to arrest violators   175          

                                                          5      


                                                                 
is conferred, within the limits of that statutory duty and         176          

authority;                                                         177          

      (c)  A mayor, in the mayor's capacity as chief conservator   179          

of the peace within the mayor's municipal corporation;             180          

      (d)  A member of an auxiliary police force organized by      182          

county, township, or municipal law enforcement authorities,        183          

within the scope of the member's appointment or commission;        184          

      (e)  A person lawfully called pursuant to section 311.07 of  186          

the Revised Code to aid a sheriff in keeping the peace, for the    187          

purposes and during the time when the person is called;            188          

      (f)  A person appointed by a mayor pursuant to section       190          

737.01 of the Revised Code as a special patrolling officer during  192          

riot or emergency, for the purposes and during the time when the   193          

person is appointed;                                                            

      (g)  A member of the organized militia of this state or the  195          

armed forces of the United States, lawfully called to duty to aid  196          

civil authorities in keeping the peace or protect against          197          

domestic violence;                                                 198          

      (h)  A prosecuting attorney, assistant prosecuting           200          

attorney, secret service officer, or municipal prosecutor;         201          

      (i)  An Ohio veterans' home police officer appointed under   203          

section 5907.02 of the Revised Code;                               204          

      (j)  A member of a police force employed by a regional       206          

transit authority under division (Y) of section 306.35 of the      207          

Revised Code.                                                                   

      (12)  "Privilege" means an immunity, license, or right       209          

conferred by law, bestowed by express or implied grant, arising    211          

out of status, position, office, or relationship, or growing out   212          

of necessity.                                                                   

      (13)  "Contraband" means any property described in the       214          

following categories:                                              215          

      (a)  Property that in and of itself is unlawful for a        217          

person to acquire or possess;                                      218          

      (b)  Property that is not in and of itself unlawful for a    220          

                                                          6      


                                                                 
person to acquire or possess, but that has been determined by a    221          

court of this state, in accordance with law, to be contraband      222          

because of its use in an unlawful activity or manner, of its       223          

nature, or of the circumstances of the person who acquires or      224          

possesses it, including, but not limited to, goods and personal    225          

property described in division (D) of section 2913.34 of the       226          

Revised Code;                                                                   

      (c)  Property that is specifically stated to be contraband   228          

by a section of the Revised Code or by an ordinance, regulation,   229          

or resolution;                                                     230          

      (d)  Property that is forfeitable pursuant to a section of   232          

the Revised Code, or an ordinance, regulation, or resolution,      233          

including, but not limited to, forfeitable firearms, dangerous     234          

ordnance, obscene materials, and goods and personal property       236          

described in division (D) of section 2913.34 of the Revised Code;               

      (e)  Any controlled substance, as defined in section         238          

3719.01 of the Revised Code, or any device, paraphernalia, money   239          

as defined in section 1301.01 of the Revised Code, or other means  240          

of exchange that has been, is being, or is intended to be used in  241          

an attempt or conspiracy to violate, or in a violation of,         242          

Chapter 2925. or 3719. of the Revised Code;                        243          

      (f)  Any gambling device, paraphernalia, money as defined    245          

in section 1301.01 of the Revised Code, or other means of          246          

exchange that has been, is being, or is intended to be used in an  247          

attempt or conspiracy to violate, or in the violation of, Chapter  248          

2915. of the Revised Code;                                         249          

      (g)  Any equipment, machine, device, apparatus, vehicle,     251          

vessel, container, liquid, or substance that has been, is being,   252          

or is intended to be used in an attempt or conspiracy to violate,  253          

or in the violation of, any law of this state relating to alcohol  254          

or tobacco;                                                        255          

      (h)  Any personal property that has been, is being, or is    257          

intended to be used in an attempt or conspiracy to commit, or in   258          

the commission of, any offense or in the transportation of the     259          

                                                          7      


                                                                 
fruits of any offense;                                             260          

      (i)  Any property that is acquired through the sale or       262          

other transfer of contraband or through the proceeds of            263          

contraband, other than by a court or a law enforcement agency      264          

acting within the scope of its duties;                             265          

      (j)  Any computer, computer system, computer network,        267          

computer software, or other telecommunications device that is      268          

used in a conspiracy to commit, an attempt to commit, or the       270          

commission of any offense, if the owner of the computer, computer  271          

system, computer network,  computer software, or other             272          

telecommunications device is convicted of or pleads guilty to the  274          

offense in which it is used.                                       275          

      (14)  A person is "not guilty by reason of insanity"         277          

relative to a charge of an offense only if the person proves, in   278          

the manner specified in section 2901.05 of the Revised Code, that  279          

at the time of the commission of the offense, the person did not   280          

know, as a result of a severe mental disease or defect, the        281          

wrongfulness of the person's acts.                                 282          

      (B)(1)(a)  Subject to division (B)(2) of this section, as    285          

used in any section contained in Title XXIX of the Revised Code    286          

that sets forth a criminal offense, "person" includes all of the   287          

following:                                                                      

      (i)  An individual, corporation, business trust, estate,     289          

trust, partnership, and association;                               290          

      (ii)  An unborn human who is viable.                         292          

      (b)  As used in any section contained in Title XXIX of the   295          

Revised Code that does not set forth a criminal offense, "person"  296          

includes an individual, corporation, business trust, estate,       297          

trust, partnership, and association.                                            

      (c)  As used in division (B)(1)(a) of this section:          299          

      (i)  "Unborn human" means an individual organism of the      301          

species homo sapiens from fertilization until live birth.          302          

      (ii)  "Viable" means the stage of development of a human     305          

fetus at which there is a realistic possibility of maintaining                  

                                                          8      


                                                                 
and nourishing of a life outside the womb with or without          306          

temporary artificial life-sustaining support.                      307          

      (2)  Notwithstanding division (B)(1)(a) of this section, in  309          

no case shall the portion of the definition of the term "person"   310          

that is set forth in division (B)(1)(a)(ii) of this section be     311          

applied or construed in any section contained in Title XXIX of     312          

the Revised Code that sets forth a criminal offense in any of the  313          

following manners:                                                              

      (a)  Except as otherwise provided in division (B)(2)(a) of   315          

this section, in a manner so that the offense prohibits or is      316          

construed as prohibiting any pregnant woman or her physician from  317          

performing an abortion with the consent of the pregnant woman,     318          

with the consent of the pregnant woman implied by law in a         319          

medical emergency, or with the approval of one otherwise           320          

authorized by law to consent to medical treatment on behalf of                  

the pregnant woman.  An abortion that violates the conditions      321          

described in the immediately preceding sentence may be punished    322          

as a violation of section 2903.01, 2903.02, 2903.03, 2903.04,      323          

2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13,     324          

2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable.   325          

An abortion that does not violate the conditions described in the  326          

second immediately preceding sentence, but that does violate                    

section 2919.12, division (B) of section 2919.13, section          327          

2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished  328          

as a violation of section 2919.12, division (B) of section         329          

2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised       330          

Code, as applicable.  Consent is sufficient under this division    331          

if it is of the type otherwise adequate to permit medical          332          

treatment to the pregnant woman, even if it does not comply with   333          

section 2919.12 of the Revised Code.                                            

      (b)  In a manner so that the offense is applied or is        336          

construed as applying to a woman based on an act or omission of                 

the woman that occurs while she is or was pregnant and that        337          

results in any of the following:                                   338          

                                                          9      


                                                                 
      (i)  Her delivery of a stillborn baby;                       340          

      (ii)  Her causing, in any other manner, the death in utero   343          

of a viable, unborn human that she is carrying;                                 

      (iii)  Her causing the death of her child who is born alive  346          

but who dies from one or more injuries that are sustained while                 

the child is a viable, unborn human;                               347          

      (iv)  Her causing her child who is born alive to sustain     350          

one or more injuries while the child is a viable, unborn human;                 

      (v)  Her causing, threatening to cause, or attempting to     353          

cause, in any other manner, an injury, illness, or other                        

physiological impairment, regardless of its duration or gravity,   354          

or a mental illness or condition, regardless of its duration or    355          

gravity, to a viable, unborn human that she is carrying.           356          

      Sec. 2903.15.  (A)  NO PARENT, GUARDIAN, CUSTODIAN, OR       358          

PERSON HAVING CUSTODY OF A CHILD UNDER EIGHTEEN YEARS OF AGE OR    360          

OF A MENTALLY OR PHYSICALLY HANDICAPPED CHILD UNDER TWENTY-ONE     361          

YEARS OF AGE SHALL CAUSE SERIOUS PHYSICAL HARM TO THE CHILD, OR                 

THE DEATH OF THE CHILD, AS A PROXIMATE RESULT OF PERMITTING THE    363          

CHILD TO BE ABUSED, TO BE TORTURED, TO BE ADMINISTERED CORPORAL    364          

PUNISHMENT OR OTHER PHYSICAL DISCIPLINARY MEASURE, OR TO BE        365          

PHYSICALLY RESTRAINED IN A CRUEL MANNER OR FOR A PROLONGED         366          

PERIOD.                                                                         

      (B)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS     368          

SECTION THAT THE DEFENDANT DID NOT HAVE READILY AVAILABLE A MEANS  369          

TO PREVENT THE HARM TO THE CHILD OR THE DEATH OF THE CHILD AND     370          

THAT THE DEFENDANT TOOK TIMELY AND REASONABLE STEPS TO SUMMON      372          

AID.                                                                            

      (C)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF PERMITTING   374          

CHILD ABUSE.  IF THE VIOLATION OF THIS SECTION CAUSES SERIOUS      375          

PHYSICAL HARM TO THE CHILD, PERMITTING CHILD ABUSE IS A FELONY OF  376          

THE THIRD DEGREE.  IF THE VIOLATION OF THIS SECTION CAUSES THE     377          

DEATH OF THE CHILD, PERMITTING CHILD ABUSE IS A FELONY OF THE      378          

FIRST DEGREE.                                                                   

      Sec. 2919.22.  (A)  No person, who is the parent, guardian,  387          

                                                          10     


                                                                 
custodian, person having custody or control, or person in loco     388          

parentis of a child under eighteen years of age or a mentally or   389          

physically handicapped child under twenty-one years of age, shall  390          

create a substantial risk to the health or safety of the child,    391          

by violating a duty of care, protection, or support.  It is not a  392          

violation of a duty of care, protection, or support under this     393          

division when the parent, guardian, custodian, or person having    394          

custody or control of a child treats the physical or mental        395          

illness or defect of the child by spiritual means through prayer   396          

alone, in accordance with the tenets of a recognized religious     397          

body.                                                              398          

      (B)  No person shall do any of the following to a child      400          

under eighteen years of age or a mentally or physically            401          

handicapped child under twenty-one years of age:                   402          

      (1)  Abuse the child;                                        404          

      (2)  Torture or cruelly abuse the child;                     406          

      (3)  Administer corporal punishment or other physical        408          

disciplinary measure, or physically restrain the child in a cruel  409          

manner or for a prolonged period, which punishment, discipline,    410          

or restraint is excessive under the circumstances and creates a    411          

substantial risk of serious physical harm to the child;            412          

      (4)  Repeatedly administer unwarranted disciplinary          414          

measures to the child, when there is a substantial risk that such  415          

conduct, if continued, will seriously impair or retard the         416          

child's mental health or development;                              417          

      (5)  Entice, coerce, permit, encourage, compel, hire,        419          

employ, use, or allow the child to act, model, or in any other     420          

way participate in, or be photographed for, the production,        421          

presentation, dissemination, or advertisement of any material or   422          

performance that the offender knows or reasonably should know is   424          

obscene, is sexually oriented matter, or is nudity-oriented        425          

matter.                                                                         

      (C)(1)  No person shall operate a vehicle, streetcar, or     427          

trackless trolley within this state in violation of division (A)   429          

                                                          11     


                                                                 
of section 4511.19 of the Revised Code when one or more children   430          

under eighteen years of age are in the vehicle, streetcar, or      431          

trackless trolley.  Notwithstanding any other provision of law, a  432          

person may be convicted at the same trial or proceeding of a       433          

violation of this division and a violation of division (A) of      434          

section 4511.19 of the Revised Code that constitutes the basis of  435          

the charge of the violation of this division.  For purposes of     436          

section 4511.191 of the Revised Code and all related provisions    437          

of law, a person arrested for a violation of this division shall   438          

be considered to be under arrest for operating a vehicle while     439          

under the influence of alcohol, a drug of abuse, or alcohol and a  440          

drug of abuse or for operating a vehicle with a prohibited         441          

concentration of alcohol in the blood, breath, or urine.           442          

      (2)  As used in division (C)(1) of this section, "vehicle,"  444          

"streetcar," and "trackless trolley" have the same meanings as in  445          

section 4511.01 of the Revised Code.                               446          

      (D)(1)  Division (B)(5) of this section does not apply to    448          

any material or performance that is produced, presented, or        449          

disseminated for a bona fide medical, scientific, educational,     450          

religious, governmental, judicial, or other proper purpose, by or  451          

to a physician, psychologist, sociologist, scientist, teacher,     452          

person pursuing bona fide studies or research, librarian,          453          

clergyman, prosecutor, judge, or other person having a proper      454          

interest in the material or performance.                           455          

      (2)  Mistake of age is not a defense to a charge under       457          

division (B)(5) of this section.                                   458          

      (3)  In a prosecution under division (B)(5) of this          460          

section, the trier of fact may infer that an actor, model, or      461          

participant in the material or performance involved is a juvenile  462          

if the material or performance, through its title, text, visual    463          

representation, or otherwise, represents or depicts the actor,     464          

model, or participant as a juvenile.                               465          

      (4)  As used in this division and division (B)(5) of this    467          

section:                                                           468          

                                                          12     


                                                                 
      (a)  "Material," "performance," "obscene," and "sexual       470          

activity" have the same meanings as in section 2907.01 of the      471          

Revised Code.                                                      472          

      (b)  "Nudity-oriented matter" means any material or          474          

performance that shows a minor in a state of nudity and that,      475          

taken as a whole by the average person applying contemporary       476          

community standards, appeals to prurient interest.                 477          

      (c)  "Sexually oriented matter" means any material or        479          

performance that shows a minor participating or engaging in        480          

sexual activity, masturbation, or bestiality.                      481          

      (E)(1)  Whoever violates this section is guilty of           483          

endangering children.                                              484          

      (2)  If the offender violates division (A) or (B)(1) of      486          

this section, endangering children is one of the following:        487          

      (a)  Except as otherwise provided in division (E)(2)(b) or,  490          

(c), OR (d) of this section, a misdemeanor of the first degree;    491          

      (b)  If the offender previously has been convicted of an     494          

offense under this section or of any offense involving neglect,    495          

abandonment, contributing to the delinquency of, or physical       496          

abuse of a child, except as otherwise provided in division         497          

(E)(2)(c) OR (d) of this section, a felony of the fourth degree;   498          

      (c)  If the violation IS A VIOLATION OF DIVISION (A) OF      500          

THIS SECTION AND results in serious physical harm to the child     502          

involved, a felony of the third degree;                                         

      (d)  IF THE VIOLATION IS A VIOLATION OF DIVISION (B)(1) OF   505          

THIS SECTION AND RESULTS IN SERIOUS PHYSICAL HARM TO THE CHILD     506          

INVOLVED, A FELONY OF THE SECOND DEGREE.                           507          

      (3)  If the offender violates division (B)(2), (3), or (4)   509          

of this section, except as otherwise provided in this division,    510          

endangering children is a felony of the third degree.  If the      512          

violation results in serious physical harm to the child involved,  514          

or if the offender previously has been convicted of an offense     515          

under this section or of any offense involving neglect,            516          

abandonment, contributing to the delinquency of, or physical       517          

                                                          13     


                                                                 
abuse of a child, endangering children is a felony of the second   518          

degree.                                                                         

      (4)  If the offender violates division (B)(5) of this        521          

section, endangering children is a felony of the second degree.    522          

      (5)  If the offender violates division (C) of this section,  524          

the offender shall be punished as follows:                         525          

      (a)  Except as otherwise provided in division (E)(5)(b) or   528          

(c) of this section, endangering children in violation of                       

division (C) of this section is a misdemeanor of the first         530          

degree.                                                                         

      (b)  If the violation results in serious physical harm to    532          

the child involved or the offender previously has been convicted   533          

of an offense under this section or any offense involving          534          

neglect, abandonment, contributing to the delinquency of, or       535          

physical abuse of a child, except as otherwise provided in         536          

division (E)(5)(c) of this section, endangering children in        538          

violation of division (C) of this section is a felony of the       540          

fifth degree.                                                                   

      (c)  If the violation results in serious physical harm to    542          

the child involved and if the offender previously has been         543          

convicted of a violation of division (C) of this section, section  544          

2903.06, 2903.07, or 2903.08 of the Revised Code, or section       545          

2903.04 of the Revised Code in a case in which the offender was    546          

subject to the sanctions described in division (D) of that         547          

section, endangering children in violation of division (C) of      548          

this section is a felony of the fourth degree.                     549          

      (d)  In addition to any term of imprisonment, fine, or       551          

other sentence, penalty, or sanction it imposes upon the offender  552          

pursuant to division (E)(5)(a), (b), or (c) of this section or     553          

pursuant to any other provision of law, the court also may impose  554          

upon the offender one or both of the following sanctions:          555          

      (i)  It may require the offender, as part of the offender's  557          

sentence and in the manner described in division (F) of this       558          

section, to perform not more than two hundred hours of supervised  559          

                                                          14     


                                                                 
community service work under the authority of any agency,          560          

political subdivision, or charitable organization of the type      561          

described in division (F)(1) of section 2951.02 of the Revised     563          

Code, provided that the court shall not require the offender to    564          

perform supervised community service work under this division      565          

unless the offender agrees to perform the supervised community     566          

service work.                                                                   

      (ii)  It may suspend the driver's or commercial driver's     568          

license or permit or nonresident operating privilege of the        569          

offender for up to ninety days, in addition to any suspension or   570          

revocation of the offender's driver's or commercial driver's       571          

license or permit or nonresident operating privilege under         572          

Chapter 4506., 4507., 4509., or 4511. of the Revised Code or       573          

under any other provision of law.                                  574          

      (e)  In addition to any term of imprisonment, fine, or       576          

other sentence, penalty, or sanction imposed upon the offender     577          

pursuant to division (E)(5)(a), (b), (c), or (d) of this section   578          

or pursuant to any other provision of law for the violation of     579          

division (C) of this section, if as part of the same trial or      580          

proceeding the offender also is convicted of or pleads guilty to   581          

a separate charge charging the violation of division (A) of        582          

section 4511.19 of the Revised Code that was the basis of the      583          

charge of the violation of division (C) of this section, the       584          

offender also shall be sentenced, in accordance with section       585          

4511.99 of the Revised Code, for that violation of division (A)    586          

of section 4511.19 of the Revised Code and also shall be subject   587          

to all other sanctions that are required or authorized by any      588          

provision of law for that violation of division (A) of section     589          

4511.19 of the Revised Code.                                       590          

      (F)(1)(a)  If a court, pursuant to division (E)(5)(d)(i) of  592          

this section, requires an offender to perform supervised           593          

community service work under the authority of an agency,           594          

subdivision, or charitable organization, the requirement shall be  595          

part of the community control sanction or sentence of the          596          

                                                          15     


                                                                 
offender, and the court shall impose the community service in      598          

accordance with and subject to divisions (F)(1)(a) and (b) of      599          

this section.  The court may require an offender whom it requires  600          

to perform supervised community service work as part of the        601          

offender's community control sanction or sentence to pay the       602          

court a reasonable fee to cover the costs of the offender's        604          

participation in the work, including, but not limited to, the      606          

costs of procuring a policy or policies of liability insurance to  607          

cover the period during which the offender will perform the work.  608          

If the court requires the offender to perform supervised           609          

community service work as part of the offender's community         610          

control sanction or sentence, the court shall do so in accordance  611          

with the following limitations and criteria:                       612          

      (i)  The court shall require that the community service      614          

work be performed after completion of the term of imprisonment     615          

imposed upon the offender for the violation of division (C) of     616          

this section, if applicable.                                       617          

      (ii)  The supervised community service work shall be         619          

subject to the limitations set forth in divisions (F)(1)(a) to     621          

(c) of section 2951.02 of the Revised Code.                                     

      (iii)  The community service work shall be supervised in     623          

the manner described in division (F)(1)(d) of section 2951.02 of   624          

the Revised Code by an official or person with the qualifications  625          

described in that division.  The official or person periodically   626          

shall report in writing to the court concerning the conduct of     627          

the offender in performing the work.                                            

      (iv)  The court shall inform the offender in writing that    629          

if the offender does not adequately perform, as determined by the  631          

court, all of the required community service work, the court may                

order that the offender be committed to a jail or workhouse for a  632          

period of time that does not exceed the term of imprisonment that  633          

the court could have imposed upon the offender for the violation   634          

of division (C) of this section, reduced by the total amount of    635          

time that the offender actually was imprisoned under the sentence  636          

                                                          16     


                                                                 
or term that was imposed upon the offender for that violation and  637          

by the total amount of time that the offender was confined for     638          

any reason arising out of the offense for which the offender was   639          

convicted and sentenced as described in sections 2949.08 and       641          

2967.191 of the Revised Code, and that, if the court orders that   642          

the offender be so committed, the court is authorized, but not     643          

required, to grant the offender credit upon the period of the      644          

commitment for the community service work that the offender        645          

adequately performed.                                                           

      (b)  If a court, pursuant to this division and division      647          

(E)(5)(d)(i) of this section, orders an offender to perform        648          

community service work as part of the offender's community         649          

control sanction or sentence and if the offender does not          651          

adequately perform all of the required community service work, as  652          

determined by the court, the court may order that the offender be  653          

committed to a jail or workhouse for a period of time that does    654          

not exceed the term of imprisonment that the court could have      655          

imposed upon the offender for the violation of division (C) of     656          

this section, reduced by the total amount of time that the         657          

offender actually was imprisoned under the sentence or term that   658          

was imposed upon the offender for that violation and by the total  659          

amount of time that the offender was confined for any reason       660          

arising out of the offense for which the offender was convicted    662          

and sentenced as described in sections 2949.08 and 2967.191 of                  

the Revised Code.  The court may order that a person committed     663          

pursuant to this division shall receive hour-for-hour credit upon  664          

the period of the commitment for the community service work that   665          

the offender adequately performed.  No commitment pursuant to      667          

this division shall exceed the period of the term of imprisonment  668          

that the sentencing court could have imposed upon the offender                  

for the violation of division (C) of this section, reduced by the  669          

total amount of time that the offender actually was imprisoned     670          

under that sentence or term and by the total amount of time that   671          

the offender was confined for any reason arising out of the        672          

                                                          17     


                                                                 
offense for which the offender was convicted and sentenced as      673          

described in sections 2949.08 and 2967.191 of the Revised Code.    674          

      (2)  Divisions (E)(5)(d)(i) and (F)(1) of this section do    676          

not limit or affect the authority of the court to suspend the      677          

sentence imposed upon a misdemeanor offender and place the         678          

offender on probation or otherwise suspend the sentence pursuant   679          

to sections 2929.51 and 2951.02 of the Revised Code, to require    680          

the misdemeanor offender, as a condition of the offender's         681          

probation or of otherwise suspending the offender's sentence, to   682          

perform supervised community service work in accordance with       684          

division (F) of section 2951.02 of the Revised Code, or to place   686          

a felony offender under a community control sanction.              688          

      (G)  If a court suspends an offender's driver's or           690          

commercial driver's license or permit or nonresident operating     691          

privilege under division (E)(5)(d)(ii) of this section, the        692          

period of the suspension shall be consecutive to, and commence     693          

after, the period of suspension or revocation of the offender's    694          

driver's or commercial driver's license or permit or nonresident   695          

operating privilege that is imposed under Chapter 4506., 4507.,    696          

4509., or 4511. of the Revised Code or under any other provision   697          

of law in relation to the violation of division (C) of this        698          

section that is the basis of the suspension under division         699          

(E)(5)(d)(ii) of this section or in relation to the violation of   700          

division (A) of section 4511.19 of the Revised Code that is the    701          

basis for that violation of division (C) of this section.          702          

      If an offender's license, permit, or privilege has been      704          

suspended under division (E)(5)(d)(ii) of this section and the     705          

offender, within the preceding seven years, has been convicted of  706          

or pleaded guilty to three or more violations of division (C) of   707          

this section, division (A) or (B) of section 4511.19 of the        708          

Revised Code, a municipal ordinance relating to operating a        709          

vehicle while under the influence of alcohol, a drug of abuse, or  710          

alcohol and a drug of abuse, a municipal ordinance relating to     711          

operating a vehicle with a prohibited concentration of alcohol in  712          

                                                          18     


                                                                 
the blood, breath, or urine, section 2903.04 of the Revised Code   713          

in a case in which the offender was subject to the sanctions       715          

described in division (D) of that section, section 2903.06,        716          

2903.07, or 2903.08 of the Revised Code or a municipal ordinance                

that is substantially similar to section 2903.07 of the Revised    717          

Code in a case in which the jury or judge found that the offender  719          

was under the influence of alcohol, a drug of abuse, or alcohol                 

and a drug of abuse, or a statute of the United States or of any   721          

other state or a municipal ordinance of a municipal corporation    722          

located in any other state that is substantially similar to                     

division (A) or (B) of section 4511.19 of the Revised Code, the    724          

offender is not entitled to request, and the court shall not       725          

grant to the offender, occupational driving privileges under this  726          

division.  Any other offender whose license, permit, or            727          

nonresident operating privilege has been suspended under division  728          

(E)(5)(d)(ii) of this section may file with the sentencing court   729          

a petition alleging that the suspension would seriously affect     730          

the offender's ability to continue employment.  Upon satisfactory  731          

proof that there is reasonable cause to believe that the           732          

suspension would seriously affect the offender's ability to        733          

continue employment, the court may grant the offender              734          

occupational driving privileges during the period during which     735          

the suspension otherwise would be imposed, except that the court   736          

shall not grant occupational driving privileges for employment as  737          

a driver of commercial motor vehicles to any person who is         738          

disqualified from operating a commercial motor vehicle under       739          

section 2301.374 or 4506.16 of the Revised Code.                   740          

      (H)(1)  If a person violates division (C) of this section    742          

and if, at the time of the violation, there were two or more       743          

children under eighteen years of age in the motor vehicle          744          

involved in the violation, the offender may be convicted of a      745          

violation of division (C) of this section for each of the          746          

children, but the court may sentence the offender for only one of  747          

the violations.                                                    748          

                                                          19     


                                                                 
      (2)(a)  If a person is convicted of or pleads guilty to a    750          

violation of division (C) of this section but the person is not    751          

also convicted of and does not also plead guilty to a separate     752          

charge charging the violation of division (A) of section 4511.19   753          

of the Revised Code that was the basis of the charge of the        754          

violation of division (C) of this section, both of the following   755          

apply:                                                             756          

      (i)  For purposes of the provisions of section 4511.99 of    758          

the Revised Code that set forth the penalties and sanctions for a  759          

violation of division (A) of section 4511.19 of the Revised Code,  760          

the conviction of or plea of guilty to the violation of division   761          

(C) of this section shall not constitute a violation of division   762          

(A) of section 4511.19 of the Revised Code;                        763          

      (ii)  For purposes of any provision of law that refers to a  765          

conviction of or plea of guilty to a violation of division (A) of  766          

section 4511.19 of the Revised Code and that is not described in   767          

division (H)(2)(a)(i) of this section, the conviction of or plea   768          

of guilty to the violation of division (C) of this section shall   769          

constitute a conviction of or plea of guilty to a violation of     770          

division (A) of section 4511.19 of the Revised Code.               771          

      (b)  If a person is convicted of or pleads guilty to a       773          

violation of division (C) of this section and the person also is   774          

convicted of or pleads guilty to a separate charge charging the    775          

violation of division (A) of section 4511.19 of the Revised Code   776          

that was the basis of the charge of the violation of division (C)  777          

of this section, the conviction of or plea of guilty to the        778          

violation of division (C) of this section shall not constitute,    779          

for purposes of any provision of law that refers to a conviction   780          

of or plea of guilty to a violation of division (A) of section     781          

4511.19 of the Revised Code, a conviction of or plea of guilty to  782          

a violation of division (A) of section 4511.19 of the Revised      783          

Code.                                                              784          

      (I)  As used in this section, "community control sanction"   787          

has the same meaning as in section 2929.01 of the Revised Code.    789          

                                                          20     


                                                                 
      Section 2.  That existing sections 2901.01 and 2919.22 of    791          

the Revised Code are hereby repealed.                              792