As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. 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-SENATORS CUPP-LATTA 12
_________________________________________________________________ 14
A B I L L
To amend section 2901.21 of the Revised Code 15
relative to the criminal liability of a person 16
who is intoxicated. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2901.21 of the Revised Code be 21
amended to read as follows: 22
Sec. 2901.21. (A) Except as provided in division (B) of 31
this section, a person is not guilty of an offense unless both of 32
the following apply: 33
(1) His THE PERSON'S liability is based on conduct which 35
THAT includes either a voluntary act, or an omission to perform 38
an act or duty which he THAT THE PERSON is capable of performing; 39
(2) He THE PERSON has the requisite degree of culpability 41
for each element as to which a culpable mental state is specified 43
by the section defining the offense. 44
(B) When the section defining an offense does not specify 46
any degree of culpability, and plainly indicates a purpose to 47
impose strict criminal liability for the conduct described in 48
such THE section, then culpability is not required for a person 49
to be guilty of the offense. When the section neither specifies 51
culpability nor plainly indicates a purpose to impose strict 52
2
liability, recklessness is sufficient culpability to commit the 53
offense. 54
(C) VOLUNTARY INTOXICATION MAY NOT BE TAKEN INTO 56
CONSIDERATION IN DETERMINING THE EXISTENCE OF A MENTAL STATE THAT 57
IS AN ELEMENT OF A CRIMINAL OFFENSE. VOLUNTARY INTOXICATION DOES 58
NOT RELIEVE A PERSON OF A DUTY TO ACT IF FAILURE TO ACT 59
CONSTITUTES A CRIMINAL OFFENSE. EVIDENCE THAT A PERSON WAS 60
VOLUNTARILY INTOXICATED MAY BE ADMISSIBLE TO SHOW WHETHER OR NOT 61
THE PERSON WAS PHYSICALLY CAPABLE OF PERFORMING THE ACT WITH 62
WHICH THE PERSON IS CHARGED.
(D) As used in this section: 64
(1) Possession is a voluntary act if the possessor 66
knowingly procured or received the thing possessed, or was aware 67
of his THE POSSESSOR'S control thereof OF THE THING POSSESSED for 69
a sufficient time to have ended his possession. 70
(2) Reflexes, convulsions, body movements during 72
unconsciousness or sleep, and body movements that are not 73
otherwise a product of the actor's volition, are involuntary 74
acts. 75
(3) "Culpability" means purpose, knowledge, recklessness, 77
or negligence, as defined in section 2901.22 of the Revised Code. 78
(4) "INTOXICATION" INCLUDES, BUT IS NOT LIMITED TO, 80
INTOXICATION RESULTING FROM THE INGESTION OF ALCOHOL, A DRUG, OR 81
ALCOHOL AND A DRUG.
Section 2. That existing section 2901.21 of the Revised 83
Code is hereby repealed. 84