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