As Reported by the Senate Judiciary Committee 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 17
_________________________________________________________________ 19
A B I L L
To amend sections 2901.01 and 2919.22 and to enact 22
section 2903.15 of the Revised Code to increase 23
the penalty for endangering children to a felony
of the second degree when it is based on abuse of 24
a child that results in serious physical harm to 25
the child, to create the offense of permitting
child abuse, and to include the new offense and 27
the offense of endangering children in certain
circumstances as offenses of violence. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 2901.01 and 2919.22 be amended 33
and section 2903.15 of the Revised Code be enacted to read as 34
follows:
Sec. 2901.01. (A) As used in the Revised Code: 43
(1) "Force" means any violence, compulsion, or constraint 45
physically exerted by any means upon or against a person or 46
thing. 47
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(2) "Deadly force" means any force that carries a 49
substantial risk that it will proximately result in the death of 50
any person. 51
(3) "Physical harm to persons" means any injury, illness, 53
or other physiological impairment, regardless of its gravity or 54
duration. 55
(4) "Physical harm to property" means any tangible or 57
intangible damage to property that, in any degree, results in 58
loss to its value or interferes with its use or enjoyment. 59
"Physical harm to property" does not include wear and tear 60
occasioned by normal use. 61
(5) "Serious physical harm to persons" means any of the 63
following: 64
(a) Any mental illness or condition of such gravity as 66
would normally require hospitalization or prolonged psychiatric 67
treatment; 68
(b) Any physical harm that carries a substantial risk of 70
death; 71
(c) Any physical harm that involves some permanent 73
incapacity, whether partial or total, or that involves some 74
temporary, substantial incapacity; 75
(d) Any physical harm that involves some permanent 77
disfigurement or that involves some temporary, serious 78
disfigurement; 79
(e) Any physical harm that involves acute pain of such 81
duration as to result in substantial suffering or that involves 82
any degree of prolonged or intractable pain. 83
(6) "Serious physical harm to property" means any physical 85
harm to property that does either of the following: 86
(a) Results in substantial loss to the value of the 88
property or requires a substantial amount of time, effort, or 89
money to repair or replace; 90
(b) Temporarily prevents the use or enjoyment of the 92
property or substantially interferes with its use or enjoyment 93
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for an extended period of time. 94
(7) "Risk" means a significant possibility, as contrasted 96
with a remote possibility, that a certain result may occur or 97
that certain circumstances may exist. 98
(8) "Substantial risk" means a strong possibility, as 100
contrasted with a remote or significant possibility, that a 101
certain result may occur or that certain circumstances may exist. 102
(9) "Offense of violence" means any of the following: 104
(a) A violation of section 2903.01, 2903.02, 2903.03, 106
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 107
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 109
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 110
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 111
or, of division (A)(1), (2), or (3) of section 2911.12, OR OF 112
DIVISION (B)(1), (2), (3), OR (4) OF SECTION 2919.22 of the 113
Revised Code or felonious sexual penetration in violation of 114
former section 2907.12 of the Revised Code; 115
(b) A violation of an existing or former municipal 117
ordinance or law of this or any other state or the United States, 118
substantially equivalent to any section, division, or offense 119
listed in division (A)(9)(a) of this section; 120
(c) An offense, other than a traffic offense, under an 122
existing or former municipal ordinance or law of this or any 123
other state or the United States, committed purposely or 124
knowingly, and involving physical harm to persons or a risk of 125
serious physical harm to persons; 126
(d) A conspiracy or attempt to commit, or complicity in 128
committing, any offense under division (A)(9)(a), (b), or (c) of 130
this section.
(10)(a) "Property" means any property, real or personal, 133
tangible or intangible, and any interest or license in that 134
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 135
telecommunications devices, information service, computers, data, 136
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computer software, financial instruments associated with 137
computers, other documents associated with computers, or copies 138
of the documents, whether in machine or human readable form, 139
trade secrets, trademarks, copyrights, patents, and property 140
protected by a trademark, copyright, or patent. "Financial 141
instruments associated with computers" include, but are not 142
limited to, checks, drafts, warrants, money orders, notes of 143
indebtedness, certificates of deposit, letters of credit, bills 144
of credit or debit cards, financial transaction authorization 145
mechanisms, marketable securities, or any computer system 146
representations of any of them. 147
(b) As used in division (A)(10) of this section, "trade 149
secret" has the same meaning as in section 1333.61 of the Revised 150
Code, and "telecommunications service" and "information service" 151
have the same meanings as in section 2913.01 of the Revised Code. 152
(c) As used in divisions (A)(10) and (13) of this section, 154
"cable television service," "computer," "computer software," 155
"computer system," "computer network," "data," and
"telecommunications device" have the same meanings as in section 158
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 160
(a) A sheriff, deputy sheriff, constable, police officer 162
of a township or joint township police district, marshal, deputy 163
marshal, municipal police officer, member of a police force 164
employed by a metropolitan housing authority under division (D) 165
of section 3735.31 of the Revised Code, or state highway patrol 166
trooper; 167
(b) An officer, agent, or employee of the state or any of 169
its agencies, instrumentalities, or political subdivisions, upon 170
whom, by statute, a duty to conserve the peace or to enforce all 171
or certain laws is imposed and the authority to arrest violators 172
is conferred, within the limits of that statutory duty and 173
authority; 174
(c) A mayor, in the mayor's capacity as chief conservator 176
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of the peace within the mayor's municipal corporation; 177
(d) A member of an auxiliary police force organized by 179
county, township, or municipal law enforcement authorities, 180
within the scope of the member's appointment or commission; 181
(e) A person lawfully called pursuant to section 311.07 of 183
the Revised Code to aid a sheriff in keeping the peace, for the 184
purposes and during the time when the person is called; 185
(f) A person appointed by a mayor pursuant to section 187
737.01 of the Revised Code as a special patrolling officer during 189
riot or emergency, for the purposes and during the time when the 190
person is appointed;
(g) A member of the organized militia of this state or the 192
armed forces of the United States, lawfully called to duty to aid 193
civil authorities in keeping the peace or protect against 194
domestic violence; 195
(h) A prosecuting attorney, assistant prosecuting 197
attorney, secret service officer, or municipal prosecutor; 198
(i) An Ohio veterans' home police officer appointed under 200
section 5907.02 of the Revised Code; 201
(j) A member of a police force employed by a regional 203
transit authority under division (Y) of section 306.35 of the 204
Revised Code.
(12) "Privilege" means an immunity, license, or right 206
conferred by law, bestowed by express or implied grant, arising 208
out of status, position, office, or relationship, or growing out 209
of necessity.
(13) "Contraband" means any property described in the 211
following categories: 212
(a) Property that in and of itself is unlawful for a 214
person to acquire or possess; 215
(b) Property that is not in and of itself unlawful for a 217
person to acquire or possess, but that has been determined by a 218
court of this state, in accordance with law, to be contraband 219
because of its use in an unlawful activity or manner, of its 220
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nature, or of the circumstances of the person who acquires or 221
possesses it, including, but not limited to, goods and personal 222
property described in division (D) of section 2913.34 of the 223
Revised Code;
(c) Property that is specifically stated to be contraband 225
by a section of the Revised Code or by an ordinance, regulation, 226
or resolution; 227
(d) Property that is forfeitable pursuant to a section of 229
the Revised Code, or an ordinance, regulation, or resolution, 230
including, but not limited to, forfeitable firearms, dangerous 231
ordnance, obscene materials, and goods and personal property 233
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 235
3719.01 of the Revised Code, or any device, paraphernalia, money 236
as defined in section 1301.01 of the Revised Code, or other means 237
of exchange that has been, is being, or is intended to be used in 238
an attempt or conspiracy to violate, or in a violation of, 239
Chapter 2925. or 3719. of the Revised Code; 240
(f) Any gambling device, paraphernalia, money as defined 242
in section 1301.01 of the Revised Code, or other means of 243
exchange that has been, is being, or is intended to be used in an 244
attempt or conspiracy to violate, or in the violation of, Chapter 245
2915. of the Revised Code; 246
(g) Any equipment, machine, device, apparatus, vehicle, 248
vessel, container, liquid, or substance that has been, is being, 249
or is intended to be used in an attempt or conspiracy to violate, 250
or in the violation of, any law of this state relating to alcohol 251
or tobacco; 252
(h) Any personal property that has been, is being, or is 254
intended to be used in an attempt or conspiracy to commit, or in 255
the commission of, any offense or in the transportation of the 256
fruits of any offense; 257
(i) Any property that is acquired through the sale or 259
other transfer of contraband or through the proceeds of 260
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contraband, other than by a court or a law enforcement agency 261
acting within the scope of its duties; 262
(j) Any computer, computer system, computer network, 264
computer software, or other telecommunications device that is 265
used in a conspiracy to commit, an attempt to commit, or the 267
commission of any offense, if the owner of the computer, computer 268
system, computer network, computer software, or other 269
telecommunications device is convicted of or pleads guilty to the 271
offense in which it is used. 272
(14) A person is "not guilty by reason of insanity" 274
relative to a charge of an offense only if the person proves, in 275
the manner specified in section 2901.05 of the Revised Code, that 276
at the time of the commission of the offense, the person did not 277
know, as a result of a severe mental disease or defect, the 278
wrongfulness of the person's acts. 279
(B)(1)(a) Subject to division (B)(2) of this section, as 282
used in any section contained in Title XXIX of the Revised Code 283
that sets forth a criminal offense, "person" includes all of the 284
following:
(i) An individual, corporation, business trust, estate, 286
trust, partnership, and association; 287
(ii) An unborn human who is viable. 289
(b) As used in any section contained in Title XXIX of the 292
Revised Code that does not set forth a criminal offense, "person" 293
includes an individual, corporation, business trust, estate, 294
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 296
(i) "Unborn human" means an individual organism of the 298
species homo sapiens from fertilization until live birth. 299
(ii) "Viable" means the stage of development of a human 302
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 303
temporary artificial life-sustaining support. 304
(2) Notwithstanding division (B)(1)(a) of this section, in 306
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no case shall the portion of the definition of the term "person" 307
that is set forth in division (B)(1)(a)(ii) of this section be 308
applied or construed in any section contained in Title XXIX of 309
the Revised Code that sets forth a criminal offense in any of the 310
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 312
this section, in a manner so that the offense prohibits or is 313
construed as prohibiting any pregnant woman or her physician from 314
performing an abortion with the consent of the pregnant woman, 315
with the consent of the pregnant woman implied by law in a 316
medical emergency, or with the approval of one otherwise 317
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 318
described in the immediately preceding sentence may be punished 319
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 320
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 321
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 322
An abortion that does not violate the conditions described in the 323
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 324
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 325
as a violation of section 2919.12, division (B) of section 326
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 327
Code, as applicable. Consent is sufficient under this division 328
if it is of the type otherwise adequate to permit medical 329
treatment to the pregnant woman, even if it does not comply with 330
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 333
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 334
results in any of the following: 335
(i) Her delivery of a stillborn baby; 337
(ii) Her causing, in any other manner, the death in utero 340
of a viable, unborn human that she is carrying;
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(iii) Her causing the death of her child who is born alive 343
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 344
(iv) Her causing her child who is born alive to sustain 347
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 350
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 351
or a mental illness or condition, regardless of its duration or 352
gravity, to a viable, unborn human that she is carrying. 353
Sec. 2903.15. (A) NO PARENT, GUARDIAN, CUSTODIAN, OR 355
PERSON HAVING CUSTODY OF A CHILD UNDER EIGHTEEN YEARS OF AGE OR 357
OF A MENTALLY OR PHYSICALLY HANDICAPPED CHILD UNDER TWENTY-ONE 358
YEARS OF AGE SHALL CAUSE SERIOUS PHYSICAL HARM TO THE CHILD, OR
THE DEATH OF THE CHILD, AS A PROXIMATE RESULT OF PERMITTING THE 360
CHILD TO BE ABUSED, TO BE TORTURED, TO BE ADMINISTERED CORPORAL 361
PUNISHMENT OR OTHER PHYSICAL DISCIPLINARY MEASURE, OR TO BE 362
PHYSICALLY RESTRAINED IN A CRUEL MANNER OR FOR A PROLONGED 363
PERIOD.
(B) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS 365
SECTION THAT THE DEFENDANT DID NOT HAVE READILY AVAILABLE A MEANS 366
TO PREVENT THE HARM TO THE CHILD OR THE DEATH OF THE CHILD AND 367
THAT THE DEFENDANT TOOK TIMELY AND REASONABLE STEPS TO SUMMON 369
AID.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF PERMITTING 371
CHILD ABUSE. IF THE VIOLATION OF THIS SECTION CAUSES SERIOUS 372
PHYSICAL HARM TO THE CHILD, PERMITTING CHILD ABUSE IS A FELONY OF 373
THE THIRD DEGREE. IF THE VIOLATION OF THIS SECTION CAUSES THE 374
DEATH OF THE CHILD, PERMITTING CHILD ABUSE IS A FELONY OF THE 375
FIRST DEGREE.
Sec. 2919.22. (A) No person, who is the parent, guardian, 384
custodian, person having custody or control, or person in loco 385
parentis of a child under eighteen years of age or a mentally or 386
physically handicapped child under twenty-one years of age, shall 387
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create a substantial risk to the health or safety of the child, 388
by violating a duty of care, protection, or support. It is not a 389
violation of a duty of care, protection, or support under this 390
division when the parent, guardian, custodian, or person having 391
custody or control of a child treats the physical or mental 392
illness or defect of the child by spiritual means through prayer 393
alone, in accordance with the tenets of a recognized religious 394
body. 395
(B) No person shall do any of the following to a child 397
under eighteen years of age or a mentally or physically 398
handicapped child under twenty-one years of age: 399
(1) Abuse the child; 401
(2) Torture or cruelly abuse the child; 403
(3) Administer corporal punishment or other physical 405
disciplinary measure, or physically restrain the child in a cruel 406
manner or for a prolonged period, which punishment, discipline, 407
or restraint is excessive under the circumstances and creates a 408
substantial risk of serious physical harm to the child; 409
(4) Repeatedly administer unwarranted disciplinary 411
measures to the child, when there is a substantial risk that such 412
conduct, if continued, will seriously impair or retard the 413
child's mental health or development; 414
(5) Entice, coerce, permit, encourage, compel, hire, 416
employ, use, or allow the child to act, model, or in any other 417
way participate in, or be photographed for, the production, 418
presentation, dissemination, or advertisement of any material or 419
performance that the offender knows or reasonably should know is 421
obscene, is sexually oriented matter, or is nudity-oriented 422
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 424
trackless trolley within this state in violation of division (A) 426
of section 4511.19 of the Revised Code when one or more children 427
under eighteen years of age are in the vehicle, streetcar, or 428
trackless trolley. Notwithstanding any other provision of law, a 429
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person may be convicted at the same trial or proceeding of a 430
violation of this division and a violation of division (A) of 431
section 4511.19 of the Revised Code that constitutes the basis of 432
the charge of the violation of this division. For purposes of 433
section 4511.191 of the Revised Code and all related provisions 434
of law, a person arrested for a violation of this division shall 435
be considered to be under arrest for operating a vehicle while 436
under the influence of alcohol, a drug of abuse, or alcohol and a 437
drug of abuse or for operating a vehicle with a prohibited 438
concentration of alcohol in the blood, breath, or urine. 439
(2) As used in division (C)(1) of this section, "vehicle," 441
"streetcar," and "trackless trolley" have the same meanings as in 442
section 4511.01 of the Revised Code. 443
(D)(1) Division (B)(5) of this section does not apply to 445
any material or performance that is produced, presented, or 446
disseminated for a bona fide medical, scientific, educational, 447
religious, governmental, judicial, or other proper purpose, by or 448
to a physician, psychologist, sociologist, scientist, teacher, 449
person pursuing bona fide studies or research, librarian, 450
clergyman, prosecutor, judge, or other person having a proper 451
interest in the material or performance. 452
(2) Mistake of age is not a defense to a charge under 454
division (B)(5) of this section. 455
(3) In a prosecution under division (B)(5) of this 457
section, the trier of fact may infer that an actor, model, or 458
participant in the material or performance involved is a juvenile 459
if the material or performance, through its title, text, visual 460
representation, or otherwise, represents or depicts the actor, 461
model, or participant as a juvenile. 462
(4) As used in this division and division (B)(5) of this 464
section: 465
(a) "Material," "performance," "obscene," and "sexual 467
activity" have the same meanings as in section 2907.01 of the 468
Revised Code. 469
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(b) "Nudity-oriented matter" means any material or 471
performance that shows a minor in a state of nudity and that, 472
taken as a whole by the average person applying contemporary 473
community standards, appeals to prurient interest. 474
(c) "Sexually oriented matter" means any material or 476
performance that shows a minor participating or engaging in 477
sexual activity, masturbation, or bestiality. 478
(E)(1) Whoever violates this section is guilty of 480
endangering children. 481
(2) If the offender violates division (A) or (B)(1) of 483
this section, endangering children is one of the following: 484
(a) Except as otherwise provided in division (E)(2)(b) or, 487
(c), OR (d) of this section, a misdemeanor of the first degree; 488
(b) If the offender previously has been convicted of an 491
offense under this section or of any offense involving neglect, 492
abandonment, contributing to the delinquency of, or physical 493
abuse of a child, except as otherwise provided in division 494
(E)(2)(c) OR (d) of this section, a felony of the fourth degree; 495
(c) If the violation IS A VIOLATION OF DIVISION (A) OF 497
THIS SECTION AND results in serious physical harm to the child 499
involved, a felony of the third degree;
(d) IF THE VIOLATION IS A VIOLATION OF DIVISION (B)(1) OF 502
THIS SECTION AND RESULTS IN SERIOUS PHYSICAL HARM TO THE CHILD 503
INVOLVED, A FELONY OF THE SECOND DEGREE. 504
(3) If the offender violates division (B)(2), (3), or (4) 506
of this section, except as otherwise provided in this division, 507
endangering children is a felony of the third degree. If the 509
violation results in serious physical harm to the child involved, 511
or if the offender previously has been convicted of an offense 512
under this section or of any offense involving neglect, 513
abandonment, contributing to the delinquency of, or physical 514
abuse of a child, endangering children is a felony of the second 515
degree.
(4) If the offender violates division (B)(5) of this 518
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section, endangering children is a felony of the second degree. 519
(5) If the offender violates division (C) of this section, 521
the offender shall be punished as follows: 522
(a) Except as otherwise provided in division (E)(5)(b) or 525
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 527
degree.
(b) If the violation results in serious physical harm to 529
the child involved or the offender previously has been convicted 530
of an offense under this section or any offense involving 531
neglect, abandonment, contributing to the delinquency of, or 532
physical abuse of a child, except as otherwise provided in 533
division (E)(5)(c) of this section, endangering children in 535
violation of division (C) of this section is a felony of the 537
fifth degree.
(c) If the violation results in serious physical harm to 539
the child involved and if the offender previously has been 540
convicted of a violation of division (C) of this section, section 541
2903.06, 2903.07, or 2903.08 of the Revised Code, or section 542
2903.04 of the Revised Code in a case in which the offender was 543
subject to the sanctions described in division (D) of that 544
section, endangering children in violation of division (C) of 545
this section is a felony of the fourth degree. 546
(d) In addition to any term of imprisonment, fine, or 548
other sentence, penalty, or sanction it imposes upon the offender 549
pursuant to division (E)(5)(a), (b), or (c) of this section or 550
pursuant to any other provision of law, the court also may impose 551
upon the offender one or both of the following sanctions: 552
(i) It may require the offender, as part of the offender's 554
sentence and in the manner described in division (F) of this 555
section, to perform not more than two hundred hours of supervised 556
community service work under the authority of any agency, 557
political subdivision, or charitable organization of the type 558
described in division (F)(1) of section 2951.02 of the Revised 560
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Code, provided that the court shall not require the offender to 561
perform supervised community service work under this division 562
unless the offender agrees to perform the supervised community 563
service work.
(ii) It may suspend the driver's or commercial driver's 565
license or permit or nonresident operating privilege of the 566
offender for up to ninety days, in addition to any suspension or 567
revocation of the offender's driver's or commercial driver's 568
license or permit or nonresident operating privilege under 569
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 570
under any other provision of law. 571
(e) In addition to any term of imprisonment, fine, or 573
other sentence, penalty, or sanction imposed upon the offender 574
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 575
or pursuant to any other provision of law for the violation of 576
division (C) of this section, if as part of the same trial or 577
proceeding the offender also is convicted of or pleads guilty to 578
a separate charge charging the violation of division (A) of 579
section 4511.19 of the Revised Code that was the basis of the 580
charge of the violation of division (C) of this section, the 581
offender also shall be sentenced, in accordance with section 582
4511.99 of the Revised Code, for that violation of division (A) 583
of section 4511.19 of the Revised Code and also shall be subject 584
to all other sanctions that are required or authorized by any 585
provision of law for that violation of division (A) of section 586
4511.19 of the Revised Code. 587
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 589
this section, requires an offender to perform supervised 590
community service work under the authority of an agency, 591
subdivision, or charitable organization, the requirement shall be 592
part of the community control sanction or sentence of the 593
offender, and the court shall impose the community service in 595
accordance with and subject to divisions (F)(1)(a) and (b) of 596
this section. The court may require an offender whom it requires 597
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to perform supervised community service work as part of the 598
offender's community control sanction or sentence to pay the 599
court a reasonable fee to cover the costs of the offender's 601
participation in the work, including, but not limited to, the 603
costs of procuring a policy or policies of liability insurance to 604
cover the period during which the offender will perform the work. 605
If the court requires the offender to perform supervised 606
community service work as part of the offender's community 607
control sanction or sentence, the court shall do so in accordance 608
with the following limitations and criteria: 609
(i) The court shall require that the community service 611
work be performed after completion of the term of imprisonment 612
imposed upon the offender for the violation of division (C) of 613
this section, if applicable. 614
(ii) The supervised community service work shall be 616
subject to the limitations set forth in divisions (F)(1)(a) to 618
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 620
the manner described in division (F)(1)(d) of section 2951.02 of 621
the Revised Code by an official or person with the qualifications 622
described in that division. The official or person periodically 623
shall report in writing to the court concerning the conduct of 624
the offender in performing the work.
(iv) The court shall inform the offender in writing that 626
if the offender does not adequately perform, as determined by the 628
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 629
period of time that does not exceed the term of imprisonment that 630
the court could have imposed upon the offender for the violation 631
of division (C) of this section, reduced by the total amount of 632
time that the offender actually was imprisoned under the sentence 633
or term that was imposed upon the offender for that violation and 634
by the total amount of time that the offender was confined for 635
any reason arising out of the offense for which the offender was 636
16
convicted and sentenced as described in sections 2949.08 and 638
2967.191 of the Revised Code, and that, if the court orders that 639
the offender be so committed, the court is authorized, but not 640
required, to grant the offender credit upon the period of the 641
commitment for the community service work that the offender 642
adequately performed.
(b) If a court, pursuant to this division and division 644
(E)(5)(d)(i) of this section, orders an offender to perform 645
community service work as part of the offender's community 646
control sanction or sentence and if the offender does not 648
adequately perform all of the required community service work, as 649
determined by the court, the court may order that the offender be 650
committed to a jail or workhouse for a period of time that does 651
not exceed the term of imprisonment that the court could have 652
imposed upon the offender for the violation of division (C) of 653
this section, reduced by the total amount of time that the 654
offender actually was imprisoned under the sentence or term that 655
was imposed upon the offender for that violation and by the total 656
amount of time that the offender was confined for any reason 657
arising out of the offense for which the offender was convicted 659
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 660
pursuant to this division shall receive hour-for-hour credit upon 661
the period of the commitment for the community service work that 662
the offender adequately performed. No commitment pursuant to 664
this division shall exceed the period of the term of imprisonment 665
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 666
total amount of time that the offender actually was imprisoned 667
under that sentence or term and by the total amount of time that 668
the offender was confined for any reason arising out of the 669
offense for which the offender was convicted and sentenced as 670
described in sections 2949.08 and 2967.191 of the Revised Code. 671
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 673
17
not limit or affect the authority of the court to suspend the 674
sentence imposed upon a misdemeanor offender and place the 675
offender on probation or otherwise suspend the sentence pursuant 676
to sections 2929.51 and 2951.02 of the Revised Code, to require 677
the misdemeanor offender, as a condition of the offender's 678
probation or of otherwise suspending the offender's sentence, to 679
perform supervised community service work in accordance with 681
division (F) of section 2951.02 of the Revised Code, or to place 683
a felony offender under a community control sanction. 685
(G) If a court suspends an offender's driver's or 687
commercial driver's license or permit or nonresident operating 688
privilege under division (E)(5)(d)(ii) of this section, the 689
period of the suspension shall be consecutive to, and commence 690
after, the period of suspension or revocation of the offender's 691
driver's or commercial driver's license or permit or nonresident 692
operating privilege that is imposed under Chapter 4506., 4507., 693
4509., or 4511. of the Revised Code or under any other provision 694
of law in relation to the violation of division (C) of this 695
section that is the basis of the suspension under division 696
(E)(5)(d)(ii) of this section or in relation to the violation of 697
division (A) of section 4511.19 of the Revised Code that is the 698
basis for that violation of division (C) of this section. 699
If an offender's license, permit, or privilege has been 701
suspended under division (E)(5)(d)(ii) of this section and the 702
offender, within the preceding seven years, has been convicted of 703
or pleaded guilty to three or more violations of division (C) of 704
this section, division (A) or (B) of section 4511.19 of the 705
Revised Code, a municipal ordinance relating to operating a 706
vehicle while under the influence of alcohol, a drug of abuse, or 707
alcohol and a drug of abuse, a municipal ordinance relating to 708
operating a vehicle with a prohibited concentration of alcohol in 709
the blood, breath, or urine, section 2903.04 of the Revised Code 710
in a case in which the offender was subject to the sanctions 712
described in division (D) of that section, section 2903.06, 713
18
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised 714
Code in a case in which the jury or judge found that the offender 716
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 718
other state or a municipal ordinance of a municipal corporation 719
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, the 721
offender is not entitled to request, and the court shall not 722
grant to the offender, occupational driving privileges under this 723
division. Any other offender whose license, permit, or 724
nonresident operating privilege has been suspended under division 725
(E)(5)(d)(ii) of this section may file with the sentencing court 726
a petition alleging that the suspension would seriously affect 727
the offender's ability to continue employment. Upon satisfactory 728
proof that there is reasonable cause to believe that the 729
suspension would seriously affect the offender's ability to 730
continue employment, the court may grant the offender 731
occupational driving privileges during the period during which 732
the suspension otherwise would be imposed, except that the court 733
shall not grant occupational driving privileges for employment as 734
a driver of commercial motor vehicles to any person who is 735
disqualified from operating a commercial motor vehicle under 736
section 2301.374 or 4506.16 of the Revised Code. 737
(H)(1) If a person violates division (C) of this section 739
and if, at the time of the violation, there were two or more 740
children under eighteen years of age in the motor vehicle 741
involved in the violation, the offender may be convicted of a 742
violation of division (C) of this section for each of the 743
children, but the court may sentence the offender for only one of 744
the violations. 745
(2)(a) If a person is convicted of or pleads guilty to a 747
violation of division (C) of this section but the person is not 748
also convicted of and does not also plead guilty to a separate 749
19
charge charging the violation of division (A) of section 4511.19 750
of the Revised Code that was the basis of the charge of the 751
violation of division (C) of this section, both of the following 752
apply: 753
(i) For purposes of the provisions of section 4511.99 of 755
the Revised Code that set forth the penalties and sanctions for a 756
violation of division (A) of section 4511.19 of the Revised Code, 757
the conviction of or plea of guilty to the violation of division 758
(C) of this section shall not constitute a violation of division 759
(A) of section 4511.19 of the Revised Code; 760
(ii) For purposes of any provision of law that refers to a 762
conviction of or plea of guilty to a violation of division (A) of 763
section 4511.19 of the Revised Code and that is not described in 764
division (H)(2)(a)(i) of this section, the conviction of or plea 765
of guilty to the violation of division (C) of this section shall 766
constitute a conviction of or plea of guilty to a violation of 767
division (A) of section 4511.19 of the Revised Code. 768
(b) If a person is convicted of or pleads guilty to a 770
violation of division (C) of this section and the person also is 771
convicted of or pleads guilty to a separate charge charging the 772
violation of division (A) of section 4511.19 of the Revised Code 773
that was the basis of the charge of the violation of division (C) 774
of this section, the conviction of or plea of guilty to the 775
violation of division (C) of this section shall not constitute, 776
for purposes of any provision of law that refers to a conviction 777
of or plea of guilty to a violation of division (A) of section 778
4511.19 of the Revised Code, a conviction of or plea of guilty to 779
a violation of division (A) of section 4511.19 of the Revised 780
Code. 781
(I) As used in this section, "community control sanction" 784
has the same meaning as in section 2929.01 of the Revised Code. 786
Section 2. That existing sections 2901.01 and 2919.22 of 788
the Revised Code are hereby repealed. 789