As Passed by the House 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-DAMSCHRODER-ROMAN-HOLLISTER- 10
CAREY-JORDAN-EVANS-D. MILLER-CATES-ASLANIDES-OLMAN-METZGER- 11
HARRIS-WIDENER-CALVERT-VESPER-SALERNO 12
_________________________________________________________________ 13
A B I L L
To amend section 2901.21 of the Revised Code 14
relative to the criminal liability of a person 15
who is intoxicated. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2901.21 of the Revised Code be 20
amended to read as follows: 21
Sec. 2901.21. (A) Except as provided in division (B) of 30
this section, a person is not guilty of an offense unless both of 31
the following apply: 32
(1) His THE PERSON'S liability is based on conduct which 34
THAT includes either a voluntary act, or an omission to perform 37
an act or duty which he THAT THE PERSON is capable of performing; 38
(2) He THE PERSON has the requisite degree of culpability 40
for each element as to which a culpable mental state is specified 42
by the section defining the offense. 43
(B) When the section defining an offense does not specify 45
any degree of culpability, and plainly indicates a purpose to 46
impose strict criminal liability for the conduct described in 47
such THE section, then culpability is not required for a person 48
to be guilty of the offense. When the section neither specifies 50
culpability nor plainly indicates a purpose to impose strict 51
2
liability, recklessness is sufficient culpability to commit the 52
offense. 53
(C) VOLUNTARY INTOXICATION IS NOT A DEFENSE TO A CHARGE OF 55
A CRIMINAL OFFENSE. VOLUNTARY INTOXICATION IS NOT A FACTOR THAT 57
NEGATES THE EXISTENCE OF A CULPABLE MENTAL STATE. VOLUNTARY
INTOXICATION DOES NOT NEGATE THE ABILITY OF A PERSON TO PERFORM 59
AN ACT OR DUTY THAT THE PERSON WOULD HAVE BEEN CAPABLE OF
PERFORMING BUT FOR THE VOLUNTARY INTOXICATION. 60
(D) As used in this section: 62
(1) Possession is a voluntary act if the possessor 64
knowingly procured or received the thing possessed, or was aware 65
of his THE POSSESSOR'S control thereof OF THE THING POSSESSED for 67
a sufficient time to have ended his possession. 68
(2) Reflexes, convulsions, body movements during 70
unconsciousness or sleep, and body movements that are not 71
otherwise a product of the actor's volition, are involuntary 72
acts. 73
(3) "Culpability" means purpose, knowledge, recklessness, 75
or negligence, as defined in section 2901.22 of the Revised Code. 76
Section 2. That existing section 2901.21 of the Revised 78
Code is hereby repealed. 79