As Reported by House Criminal Justice Commmittee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 318 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-TAYLOR-BUCHY-BUEHRER-CLANCY- 7
CORBIN-FLANNERY-GRENDELL-HOOPS-JACOBSON-JONES-FERDERBER- 8
MAIER-NETZLEY-PADGETT-PRINGLE-SCHURING-TERWILLEGER-TIBERI- 9
TRAKAS-YOUNG-DePIERO-JERSE-GOODMAN 10
_________________________________________________________________ 11
A B I L L
To amend section 2901.21 of the Revised Code 12
relative to the criminal liability of a person 13
who is intoxicated. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 2901.21 of the Revised Code be 18
amended to read as follows: 19
Sec. 2901.21. (A) Except as provided in division (B) of 28
this section, a person is not guilty of an offense unless both of 29
the following apply: 30
(1) His THE PERSON'S liability is based on conduct which 32
THAT includes either a voluntary act, or an omission to perform 35
an act or duty which he THAT THE PERSON is capable of performing; 36
(2) He THE PERSON has the requisite degree of culpability 38
for each element as to which a culpable mental state is specified 40
by the section defining the offense. 41
(B) When the section defining an offense does not specify 43
any degree of culpability, and plainly indicates a purpose to 44
impose strict criminal liability for the conduct described in 45
such THE section, then culpability is not required for a person 46
to be guilty of the offense. When the section neither specifies 48
culpability nor plainly indicates a purpose to impose strict 49
liability, recklessness is sufficient culpability to commit the 50
offense. 51
2
(C) VOLUNTARY INTOXICATION IS NOT A DEFENSE TO A CHARGE OF 53
A CRIMINAL OFFENSE. VOLUNTARY INTOXICATION IS NOT A FACTOR THAT 55
NEGATES THE EXISTENCE OF A CULPABLE MENTAL STATE. VOLUNTARY
INTOXICATION DOES NOT NEGATE THE ABILITY OF A PERSON TO PERFORM 57
AN ACT OR DUTY THAT THE PERSON WOULD HAVE BEEN CAPABLE OF
PERFORMING BUT FOR THE VOLUNTARY INTOXICATION. 58
(D) As used in this section: 60
(1) Possession is a voluntary act if the possessor 62
knowingly procured or received the thing possessed, or was aware 63
of his THE POSSESSOR'S control thereof OF THE THING POSSESSED for 65
a sufficient time to have ended his possession. 66
(2) Reflexes, convulsions, body movements during 68
unconsciousness or sleep, and body movements that are not 69
otherwise a product of the actor's volition, are involuntary 70
acts. 71
(3) "Culpability" means purpose, knowledge, recklessness, 73
or negligence, as defined in section 2901.22 of the Revised Code. 74
Section 2. That existing section 2901.21 of the Revised 76
Code is hereby repealed. 77