As Passed by the Senate 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
JOHNSON-MUMPER-SHOEMAKER-CARNES-WACHTMANN-SPADA 13
_________________________________________________________________ 15
A B I L L
To amend section 2901.21 of the Revised Code 16
relative to the criminal liability of a person 17
who is intoxicated. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 2901.21 of the Revised Code be 22
amended to read as follows: 23
Sec. 2901.21. (A) Except as provided in division (B) of 32
this section, a person is not guilty of an offense unless both of 33
the following apply: 34
(1) His THE PERSON'S liability is based on conduct which 36
THAT includes either a voluntary act, or an omission to perform 39
an act or duty which he THAT THE PERSON is capable of performing; 40
(2) He THE PERSON has the requisite degree of culpability 42
for each element as to which a culpable mental state is specified 44
by the section defining the offense. 45
(B) When the section defining an offense does not specify 47
any degree of culpability, and plainly indicates a purpose to 48
impose strict criminal liability for the conduct described in 49
such THE section, then culpability is not required for a person 50
to be guilty of the offense. When the section neither specifies 52
2
culpability nor plainly indicates a purpose to impose strict 53
liability, recklessness is sufficient culpability to commit the 54
offense. 55
(C) VOLUNTARY INTOXICATION MAY NOT BE TAKEN INTO 57
CONSIDERATION IN DETERMINING THE EXISTENCE OF A MENTAL STATE THAT 58
IS AN ELEMENT OF A CRIMINAL OFFENSE. VOLUNTARY INTOXICATION DOES 59
NOT RELIEVE A PERSON OF A DUTY TO ACT IF FAILURE TO ACT 60
CONSTITUTES A CRIMINAL OFFENSE. EVIDENCE THAT A PERSON WAS 61
VOLUNTARILY INTOXICATED MAY BE ADMISSIBLE TO SHOW WHETHER OR NOT 62
THE PERSON WAS PHYSICALLY CAPABLE OF PERFORMING THE ACT WITH 63
WHICH THE PERSON IS CHARGED.
(D) As used in this section: 65
(1) Possession is a voluntary act if the possessor 67
knowingly procured or received the thing possessed, or was aware 68
of his THE POSSESSOR'S control thereof OF THE THING POSSESSED for 70
a sufficient time to have ended his possession. 71
(2) Reflexes, convulsions, body movements during 73
unconsciousness or sleep, and body movements that are not 74
otherwise a product of the actor's volition, are involuntary 75
acts. 76
(3) "Culpability" means purpose, knowledge, recklessness, 78
or negligence, as defined in section 2901.22 of the Revised Code. 79
(4) "INTOXICATION" INCLUDES, BUT IS NOT LIMITED TO, 81
INTOXICATION RESULTING FROM THE INGESTION OF ALCOHOL, A DRUG, OR 82
ALCOHOL AND A DRUG.
Section 2. That existing section 2901.21 of the Revised 84
Code is hereby repealed. 85