As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 660 5
1999-2000 6
REPRESENTATIVES WINKLER-SCHURING-ALLEN-BARRETT-BENDER-BRADING- 8
BRITTON-CALVERT-GRENDELL-HOLLISTER-HOOPS-METTLER-NETZLEY- 9
O'BRIEN-PATTON-SCHULER-SMITH-SULLIVAN-VAN VYVEN-WILLIAMS 10
_________________________________________________________________ 11
A B I L L
To amend sections 2919.21 and 2919.22 and to enact 13
sections 2151.032, 2151.351, 2151.3515, 4765.34, 14
and 5153.164 of the Revised Code to provide a
procedure for deserting a child who is under 30 16
days old and to provide an affirmative defense to 17
a charge of nonsupport or endangering children
for a parent who deserts pursuant to that 18
procedure a child who is under 30 days old.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 2919.21 and 2919.22 be amended 22
and sections 2151.032, 2151.351, 2151.3515, 4765.34, and 5153.164 23
of the Revised Code be enacted to read as follows: 24
Sec. 2151.032. AS USED IN THIS CHAPTER: 26
(A) "DESERTED CHILD" MEANS A CHILD WHOSE PARENT, PARENTS, 28
OR DESIGNEE OF THE PARENT OR PARENTS, HAVE VOLUNTARILY DELIVERED 30
TO AN EMERGENCY MEDICAL SERVICE ORGANIZATION UNDER SECTION 31
4765.34 OF THE REVISED CODE, A PEACE OFFICER, OR A HOSPITAL 32
WITHOUT EXPRESSING AN INTENT TO RETURN FOR THE CHILD. A DESERTED 34
CHILD IS A NEGLECTED CHILD. 35
(B) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 37
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE. 38
(C) "PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 40
2935.01 OF THE REVISED CODE. 41
(D) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 2108.01 43
2
OF THE REVISED CODE.
Sec. 2151.351. (A) IF A PUBLIC CHILDREN SERVICES AGENCY 45
FILES A MOTION PURSUANT TO DIVISION (A) OF SECTION 5153.164 OF 46
THE REVISED CODE WITH A JUVENILE COURT REQUESTING TEMPORARY 48
CUSTODY OF AN ALLEGED DESERTED CHILD, THE COURT SHALL HOLD AN 49
EMERGENCY HEARING AS SOON AS POSSIBLE TO DETERMINE IF THE CHILD 50
IS A DESERTED CHILD. THE COURT SHALL GIVE NOTICE TO THE PARENTS 51
OF THE CHILD ONLY IF THE COURT HAS KNOWLEDGE OF THE NAMES OF THE 52
PARENTS. IF THE COURT DETERMINES AT THE INITIAL HEARING HELD 53
UNDER THIS DIVISION OR AT ANY OTHER HEARING HELD UNDER THIS 54
DIVISION THAT A CHILD IS A DESERTED CHILD, THE COURT SHALL 55
ADJUDICATE THE CHILD A NEGLECTED CHILD AND ENTER ITS FINDINGS IN 56
THE RECORD OF THE CASE.
(B) IF A JUVENILE COURT ADJUDICATES A CHILD A NEGLECTED 58
CHILD UNDER DIVISION (A) OF THIS SECTION, THE COURT SHALL COMMIT 60
THE CHILD TO THE TEMPORARY CUSTODY OF A PUBLIC CHILDREN SERVICES 61
AGENCY OR PRIVATE CHILD PLACING AGENCY.
(C) IF THE COURT ADJUDICATES A CHILD A NEGLECTED CHILD 64
UNDER DIVISION (A) OF THIS SECTION, THE COURT MAY MAKE ANY OF THE 65
ORDERS OF DISPOSITION PERMITTED UNDER SECTION 2151.353 OF THE 66
REVISED CODE FOR THE DESERTED CHILD EXCEPT THAT THERE IS A 67
REBUTTABLE PRESUMPTION THAT THE COURT SHOULD NOT PLACE THE CHILD 68
WITH THE NATURAL PARENTS OR RELATIVES OF THAT CHILD. 69
(D) A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 71
PLACING AGENCY THAT RECEIVES TEMPORARY CUSTODY OF A DESERTED 72
CHILD PURSUANT TO THIS SECTION SHALL PREPARE CASE PLANS, CONDUCT 73
INVESTIGATIONS, CONDUCT PERIODIC ADMINISTRATIVE REVIEWS OF CASE 74
PLANS, AND PROVIDE SERVICES FOR THE DESERTED CHILD AS IF THE 75
CHILD WERE A NEGLECTED CHILD WHO IS NOT A DESERTED CHILD AND 76
SHALL FOLLOW THE SAME PROCEDURES UNDER THIS CHAPTER IN PERFORMING 78
THOSE FUNCTIONS AS IF THE DESERTED CHILD IS A NEGLECTED CHILD WHO 79
IS NOT A DESERTED CHILD.
Sec. 2151.3515. (A) A PEACE OFFICER OR AN EMPLOYEE OF A 81
HOSPITAL SHALL TAKE POSSESSION OF A CHILD WHO IS THIRTY DAYS OLD 82
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OR YOUNGER IF THAT CHILD'S PARENT OR DESIGNEE HAS VOLUNTARILY 83
DELIVERED THAT CHILD TO THAT PERSON WITHOUT THE PARENT OR 84
DESIGNEE EXPRESSING AN INTENT TO RETURN FOR THE CHILD.
(B) UPON TAKING POSSESSION OF A CHILD PURSUANT TO THIS 86
SECTION, A PEACE OFFICER OR EMPLOYEE OF A HOSPITAL SHALL NOTIFY 87
THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE 88
PERSON IS LOCATED THAT THE PERSON HAS TAKEN POSSESSION OF THE 89
CHILD.
(C) AS USED IN THIS SECTION: 91
(1) "PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 93
2935.01 OF THE REVISED CODE.
(2) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 2108.01 95
OF THE REVISED CODE.
Sec. 2919.21. (A) No person shall DESERT, abandon, or 104
fail to provide adequate support to: 105
(1) The person's spouse, as required by law; 107
(2) The person's child who is under age eighteen, or 110
mentally or physically handicapped child who is under age 111
twenty-one;
(3) The person's aged or infirm parent or adoptive parent, 113
who from lack of ability and means is unable to provide 114
adequately for the parent's own support. 115
(B) No person shall DESERT, abandon, or fail to provide 117
support as established by a court order to, another person whom, 119
by court order or decree, the person is legally obligated to 120
support.
(C) No person shall aid, abet, induce, cause, encourage, 122
or contribute to a child or a ward of the juvenile court becoming 123
a dependent child, as defined in section 2151.04 of the Revised 124
Code, or a neglected child, as defined in section 2151.03 of the 125
Revised Code. 126
(D) It is an affirmative defense to a charge of failure to 128
provide adequate support under division (A) of this section or a 129
charge of failure to provide support established by a court order 130
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under division (B) of this section that the accused was unable to 131
provide adequate support or the established support but did 132
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under 134
division (A)(3) of this section that the parent abandoned the 135
accused or failed to support the accused as required by law, 136
while the accused was under age eighteen, or was mentally or 137
physically handicapped and under age twenty-one. 138
(F) It is not a defense to a charge under division (B) of 140
this section that the person whom a court has ordered the accused 141
to support is being adequately supported by someone other than 142
the accused.
(G) IT IS AN AFFIRMATIVE DEFENSE TO ANY CHARGE UNDER THIS 145
SECTION INVOLVING THE DESERTION OF A CHILD WHO IS THIRTY DAYS OLD 146
OR YOUNGER THAT THE ACCUSED, PURSUANT TO SECTION 2151.3515 OR 147
4765.34 OF THE REVISED CODE, VOLUNTARILY DELIVERED THE CHILD TO 148
AN EMERGENCY MEDICAL SERVICE ORGANIZATION, PEACE OFFICER, OR 149
HOSPITAL WITHOUT EXPRESSING AN INTENT TO RETURN FOR THE CHILD. 151
(H)(1) Except as otherwise provided in this division, 153
whoever violates division (A) or (B) of this section is guilty of 155
nonsupport of dependents, a misdemeanor of the first degree. If 156
the offender previously has been convicted of or pleaded guilty 158
to a violation of division (A)(2) or (B) of this section or if 159
the offender has failed to provide support under division (A)(2) 160
or (B) of this section for a total accumulated period of 161
twenty-six weeks out of one hundred four consecutive weeks, 162
whether or not the twenty-six weeks were consecutive, then a 163
violation of division (A)(2) or (B) of this section is a felony 164
of the fifth degree. If the offender previously has been
convicted of or pleaded guilty to a felony violation of this 165
section, a violation of division (A)(2) or (B) of this section is 166
a felony of the fourth degree. If the offender is guilty of 167
nonsupport of dependents by reason of failing to provide support 168
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to the offender's child as required by a child support order 169
issued on or after April 15, 1985, pursuant to section 2151.23,
2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 171
3113.31, or 3115.31 of the Revised Code, the court, in addition 173
to any other sentence imposed, shall assess all court costs 174
arising out of the charge against the person and require the 175
person to pay any reasonable attorney's fees of any adverse party 176
other than the state, as determined by the court, that arose in 177
relation to the charge.
(2) Whoever violates division (C) of this section is 179
guilty of contributing to the nonsupport of dependents, a 180
misdemeanor of the first degree. Each day of violation of 181
division (C) of this section is a separate offense. 182
Sec. 2919.22. (A) No person, who is the parent, guardian, 191
custodian, person having custody or control, or person in loco 192
parentis of a child under eighteen years of age or a mentally or 193
physically handicapped child under twenty-one years of age, shall 194
create a substantial risk to the health or safety of the child, 195
by violating a duty of care, protection, or support. It is not a 196
violation of a duty of care, protection, or support under this 197
division when the parent, guardian, custodian, or person having 198
custody or control of a child treats the physical or mental 199
illness or defect of the child by spiritual means through prayer 200
alone, in accordance with the tenets of a recognized religious 201
body. IT IS NOT A VIOLATION UNDER THIS DIVISION OF A DUTY OF 202
CARE, PROTECTION, OR SUPPORT OF A CHILD WHEN THE PARENT OF A 203
CHILD WHO IS THIRTY DAYS OLD OR YOUNGER OR THE PARENT'S DESIGNEE, 204
PURSUANT TO SECTION 2151.3515 OR 4765.34 OF THE REVISED CODE, 205
VOLUNTARILY DELIVERS THE CHILD TO AN EMERGENCY MEDICAL SERVICE 206
ORGANIZATION, PEACE OFFICER, OR HOSPITAL WITHOUT EXPRESSING AN 207
INTENT TO RETURN FOR THE CHILD. 208
(B) No person shall do any of the following to a child 210
under eighteen years of age or a mentally or physically 211
handicapped child under twenty-one years of age: 212
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(1) Abuse the child; 214
(2) Torture or cruelly abuse the child; 216
(3) Administer corporal punishment or other physical 218
disciplinary measure, or physically restrain the child in a cruel 219
manner or for a prolonged period, which punishment, discipline, 220
or restraint is excessive under the circumstances and creates a 221
substantial risk of serious physical harm to the child; 222
(4) Repeatedly administer unwarranted disciplinary 224
measures to the child, when there is a substantial risk that such 225
conduct, if continued, will seriously impair or retard the 226
child's mental health or development; 227
(5) Entice, coerce, permit, encourage, compel, hire, 229
employ, use, or allow the child to act, model, or in any other 230
way participate in, or be photographed for, the production, 231
presentation, dissemination, or advertisement of any material or 232
performance that the offender knows or reasonably should know is 234
obscene, is sexually oriented matter, or is nudity-oriented 235
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 237
trackless trolley within this state in violation of division (A) 239
of section 4511.19 of the Revised Code when one or more children 240
under eighteen years of age are in the vehicle, streetcar, or 241
trackless trolley. Notwithstanding any other provision of law, a 242
person may be convicted at the same trial or proceeding of a 243
violation of this division and a violation of division (A) of 244
section 4511.19 of the Revised Code that constitutes the basis of 245
the charge of the violation of this division. For purposes of 246
section 4511.191 of the Revised Code and all related provisions 247
of law, a person arrested for a violation of this division shall 248
be considered to be under arrest for operating a vehicle while 249
under the influence of alcohol, a drug of abuse, or alcohol and a 250
drug of abuse or for operating a vehicle with a prohibited 251
concentration of alcohol in the blood, breath, or urine. 252
(2) As used in division (C)(1) of this section, "vehicle," 254
7
"streetcar," and "trackless trolley" have the same meanings as in 255
section 4511.01 of the Revised Code. 256
(D)(1) Division (B)(5) of this section does not apply to 258
any material or performance that is produced, presented, or 259
disseminated for a bona fide medical, scientific, educational, 260
religious, governmental, judicial, or other proper purpose, by or 261
to a physician, psychologist, sociologist, scientist, teacher, 262
person pursuing bona fide studies or research, librarian, member 264
of the clergy, prosecutor, judge, or other person having a proper 265
interest in the material or performance. 266
(2) Mistake of age is not a defense to a charge under 268
division (B)(5) of this section. 269
(3) In a prosecution under division (B)(5) of this 271
section, the trier of fact may infer that an actor, model, or 272
participant in the material or performance involved is a juvenile 273
if the material or performance, through its title, text, visual 274
representation, or otherwise, represents or depicts the actor, 275
model, or participant as a juvenile. 276
(4) As used in this division and division (B)(5) of this 278
section: 279
(a) "Material," "performance," "obscene," and "sexual 281
activity" have the same meanings as in section 2907.01 of the 282
Revised Code. 283
(b) "Nudity-oriented matter" means any material or 285
performance that shows a minor in a state of nudity and that, 286
taken as a whole by the average person applying contemporary 287
community standards, appeals to prurient interest. 288
(c) "Sexually oriented matter" means any material or 290
performance that shows a minor participating or engaging in 291
sexual activity, masturbation, or bestiality. 292
(E)(1) Whoever violates this section is guilty of 294
endangering children. 295
(2) If the offender violates division (A) or (B)(1) of 297
this section, endangering children is one of the following: 298
8
(a) Except as otherwise provided in division (E)(2)(b), 301
(c), or (d) of this section, a misdemeanor of the first degree; 302
(b) If the offender previously has been convicted of an 305
offense under this section or of any offense involving neglect, 306
abandonment, contributing to the delinquency of, or physical 307
abuse of a child, except as otherwise provided in division 308
(E)(2)(c) or (d) of this section, a felony of the fourth degree; 309
(c) If the violation is a violation of division (A) of 311
this section and results in serious physical harm to the child 313
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of 316
this section and results in serious physical harm to the child 317
involved, a felony of the second degree. 318
(3) If the offender violates division (B)(2), (3), or (4) 320
of this section, except as otherwise provided in this division, 321
endangering children is a felony of the third degree. If the 323
violation results in serious physical harm to the child involved, 325
or if the offender previously has been convicted of an offense 326
under this section or of any offense involving neglect, 327
abandonment, contributing to the delinquency of, or physical 328
abuse of a child, endangering children is a felony of the second 329
degree.
(4) If the offender violates division (B)(5) of this 332
section, endangering children is a felony of the second degree. 333
(5) If the offender violates division (C) of this section, 335
the offender shall be punished as follows: 336
(a) Except as otherwise provided in division (E)(5)(b) or 339
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 341
degree.
(b) If the violation results in serious physical harm to 343
the child involved or the offender previously has been convicted 344
of an offense under this section or any offense involving 345
neglect, abandonment, contributing to the delinquency of, or 346
9
physical abuse of a child, except as otherwise provided in 347
division (E)(5)(c) of this section, endangering children in 349
violation of division (C) of this section is a felony of the 351
fifth degree.
(c) If the violation results in serious physical harm to 353
the child involved and if the offender previously has been 354
convicted of a violation of division (C) of this section, section 355
2903.06 or 2903.08 of the Revised Code, section 2903.07 of the 357
Revised Code as it existed prior to the effective date of this 358
amendment, or section 2903.04 of the Revised Code in a case in 360
which the offender was subject to the sanctions described in 361
division (D) of that section, endangering children in violation 362
of division (C) of this section is a felony of the fourth degree. 363
(d) In addition to any term of imprisonment, fine, or 365
other sentence, penalty, or sanction it imposes upon the offender 366
pursuant to division (E)(5)(a), (b), or (c) of this section or 367
pursuant to any other provision of law, the court also may impose 368
upon the offender one or both of the following sanctions: 369
(i) It may require the offender, as part of the offender's 371
sentence and in the manner described in division (F) of this 372
section, to perform not more than two hundred hours of supervised 373
community service work under the authority of any agency, 374
political subdivision, or charitable organization of the type 375
described in division (F)(1) of section 2951.02 of the Revised 377
Code, provided that the court shall not require the offender to 378
perform supervised community service work under this division 379
unless the offender agrees to perform the supervised community 380
service work.
(ii) It may suspend the driver's or commercial driver's 382
license or permit or nonresident operating privilege of the 383
offender for up to ninety days, in addition to any suspension or 384
revocation of the offender's driver's or commercial driver's 385
license or permit or nonresident operating privilege under 386
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 387
10
under any other provision of law. 388
(e) In addition to any term of imprisonment, fine, or 390
other sentence, penalty, or sanction imposed upon the offender 391
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 392
or pursuant to any other provision of law for the violation of 393
division (C) of this section, if as part of the same trial or 394
proceeding the offender also is convicted of or pleads guilty to 395
a separate charge charging the violation of division (A) of 396
section 4511.19 of the Revised Code that was the basis of the 397
charge of the violation of division (C) of this section, the 398
offender also shall be sentenced, in accordance with section 399
4511.99 of the Revised Code, for that violation of division (A) 400
of section 4511.19 of the Revised Code and also shall be subject 401
to all other sanctions that are required or authorized by any 402
provision of law for that violation of division (A) of section 403
4511.19 of the Revised Code. 404
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 406
this section, requires an offender to perform supervised 407
community service work under the authority of an agency, 408
subdivision, or charitable organization, the requirement shall be 409
part of the community control sanction or sentence of the 410
offender, and the court shall impose the community service in 412
accordance with and subject to divisions (F)(1)(a) and (b) of 413
this section. The court may require an offender whom it requires 414
to perform supervised community service work as part of the 415
offender's community control sanction or sentence to pay the 416
court a reasonable fee to cover the costs of the offender's 418
participation in the work, including, but not limited to, the 420
costs of procuring a policy or policies of liability insurance to 421
cover the period during which the offender will perform the work. 422
If the court requires the offender to perform supervised 423
community service work as part of the offender's community 424
control sanction or sentence, the court shall do so in accordance 425
with the following limitations and criteria: 426
11
(i) The court shall require that the community service 428
work be performed after completion of the term of imprisonment 429
imposed upon the offender for the violation of division (C) of 430
this section, if applicable. 431
(ii) The supervised community service work shall be 433
subject to the limitations set forth in divisions (F)(1)(a) to 435
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 437
the manner described in division (F)(1)(d) of section 2951.02 of 438
the Revised Code by an official or person with the qualifications 439
described in that division. The official or person periodically 440
shall report in writing to the court concerning the conduct of 441
the offender in performing the work.
(iv) The court shall inform the offender in writing that 443
if the offender does not adequately perform, as determined by the 445
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 446
period of time that does not exceed the term of imprisonment that 447
the court could have imposed upon the offender for the violation 448
of division (C) of this section, reduced by the total amount of 449
time that the offender actually was imprisoned under the sentence 450
or term that was imposed upon the offender for that violation and 451
by the total amount of time that the offender was confined for 452
any reason arising out of the offense for which the offender was 453
convicted and sentenced as described in sections 2949.08 and 455
2967.191 of the Revised Code, and that, if the court orders that 456
the offender be so committed, the court is authorized, but not 457
required, to grant the offender credit upon the period of the 458
commitment for the community service work that the offender 459
adequately performed.
(b) If a court, pursuant to this division and division 461
(E)(5)(d)(i) of this section, orders an offender to perform 462
community service work as part of the offender's community 463
control sanction or sentence and if the offender does not 465
12
adequately perform all of the required community service work, as 466
determined by the court, the court may order that the offender be 467
committed to a jail or workhouse for a period of time that does 468
not exceed the term of imprisonment that the court could have 469
imposed upon the offender for the violation of division (C) of 470
this section, reduced by the total amount of time that the 471
offender actually was imprisoned under the sentence or term that 472
was imposed upon the offender for that violation and by the total 473
amount of time that the offender was confined for any reason 474
arising out of the offense for which the offender was convicted 476
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 477
pursuant to this division shall receive hour-for-hour credit upon 478
the period of the commitment for the community service work that 479
the offender adequately performed. No commitment pursuant to 481
this division shall exceed the period of the term of imprisonment 482
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 483
total amount of time that the offender actually was imprisoned 484
under that sentence or term and by the total amount of time that 485
the offender was confined for any reason arising out of the 486
offense for which the offender was convicted and sentenced as 487
described in sections 2949.08 and 2967.191 of the Revised Code. 488
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 490
not limit or affect the authority of the court to suspend the 491
sentence imposed upon a misdemeanor offender and place the 492
offender on probation or otherwise suspend the sentence pursuant 493
to sections 2929.51 and 2951.02 of the Revised Code, to require 494
the misdemeanor offender, as a condition of the offender's 495
probation or of otherwise suspending the offender's sentence, to 496
perform supervised community service work in accordance with 498
division (F) of section 2951.02 of the Revised Code, or to place 500
a felony offender under a community control sanction. 502
(G)(1) If a court suspends an offender's driver's or 504
13
commercial driver's license or permit or nonresident operating 505
privilege under division (E)(5)(d)(ii) of this section, the 506
period of the suspension shall be consecutive to, and commence 507
after, the period of suspension or revocation of the offender's 508
driver's or commercial driver's license or permit or nonresident 509
operating privilege that is imposed under Chapter 4506., 4507., 510
4509., or 4511. of the Revised Code or under any other provision 511
of law in relation to the violation of division (C) of this 512
section that is the basis of the suspension under division 513
(E)(5)(d)(ii) of this section or in relation to the violation of 514
division (A) of section 4511.19 of the Revised Code that is the 515
basis for that violation of division (C) of this section. 516
(2) An offender is not entitled to request, and the court 519
shall not grant to the offender, occupational driving privileges 520
under division (G) of this section if the offender's license, 522
permit, or privilege has been suspended under division 523
(E)(5)(d)(ii) of this section and the offender, within the 524
preceding seven years, has been convicted of or pleaded guilty to 525
three or more violations of one or more of the following: 526
(a) Division (C) of this section; 529
(b) Division (A) or (B) of section 4511.19 of the Revised 532
Code;
(c) A municipal ordinance relating to operating a vehicle 535
while under the influence of alcohol, a drug of abuse, or alcohol 536
and a drug of abuse;
(d) A municipal ordinance relating to operating a vehicle 539
with a prohibited concentration of alcohol in the blood, breath, 540
or urine;
(e) Section 2903.04 of the Revised Code in a case in which 543
the offender was subject to the sanctions described in division 544
(D) of that section;
(f) Division (A)(1) of section 2903.06 or division (A)(1) 547
of section 2903.08 of the Revised Code or a municipal ordinance 548
that is substantially similar to either of those divisions; 550
14
(g) Division (A)(2), (3), or (4) of section 2903.06, 554
division (A)(2) of section 2903.08, or former section 2903.07 of 556
the Revised Code, or a municipal ordinance that is substantially 557
similar to any of those divisions or that former section, in a 559
case in which the jury or judge found that the offender was under 560
the influence of alcohol, a drug of abuse, or alcohol and a drug 561
of abuse;
(h) A statute of the United States or of any other state 564
or a municipal ordinance of a municipal corporation located in 565
any other state that is substantially similar to division (A) or 566
(B) of section 4511.19 of the Revised Code.
(3) Any other offender who is not described in division 568
(G)(2) of this section and whose license, permit, or nonresident 570
operating privilege has been suspended under division 571
(E)(5)(d)(ii) of this section may file with the sentencing court 572
a petition alleging that the suspension would seriously affect 573
the offender's ability to continue employment. Upon satisfactory 574
proof that there is reasonable cause to believe that the 575
suspension would seriously affect the offender's ability to 576
continue employment, the court may grant the offender 577
occupational driving privileges during the period during which 578
the suspension otherwise would be imposed, except that the court 579
shall not grant occupational driving privileges for employment as 580
a driver of commercial motor vehicles to any person who is 581
disqualified from operating a commercial motor vehicle under 582
section 2301.374 or 4506.16 of the Revised Code. 583
(H)(1) If a person violates division (C) of this section 585
and if, at the time of the violation, there were two or more 586
children under eighteen years of age in the motor vehicle 587
involved in the violation, the offender may be convicted of a 588
violation of division (C) of this section for each of the 589
children, but the court may sentence the offender for only one of 590
the violations. 591
(2)(a) If a person is convicted of or pleads guilty to a 593
15
violation of division (C) of this section but the person is not 594
also convicted of and does not also plead guilty to a separate 595
charge charging the violation of division (A) of section 4511.19 596
of the Revised Code that was the basis of the charge of the 597
violation of division (C) of this section, both of the following 598
apply: 599
(i) For purposes of the provisions of section 4511.99 of 601
the Revised Code that set forth the penalties and sanctions for a 602
violation of division (A) of section 4511.19 of the Revised Code, 603
the conviction of or plea of guilty to the violation of division 604
(C) of this section shall not constitute a violation of division 605
(A) of section 4511.19 of the Revised Code; 606
(ii) For purposes of any provision of law that refers to a 608
conviction of or plea of guilty to a violation of division (A) of 609
section 4511.19 of the Revised Code and that is not described in 610
division (H)(2)(a)(i) of this section, the conviction of or plea 611
of guilty to the violation of division (C) of this section shall 612
constitute a conviction of or plea of guilty to a violation of 613
division (A) of section 4511.19 of the Revised Code. 614
(b) If a person is convicted of or pleads guilty to a 616
violation of division (C) of this section and the person also is 617
convicted of or pleads guilty to a separate charge charging the 618
violation of division (A) of section 4511.19 of the Revised Code 619
that was the basis of the charge of the violation of division (C) 620
of this section, the conviction of or plea of guilty to the 621
violation of division (C) of this section shall not constitute, 622
for purposes of any provision of law that refers to a conviction 623
of or plea of guilty to a violation of division (A) of section 624
4511.19 of the Revised Code, a conviction of or plea of guilty to 625
a violation of division (A) of section 4511.19 of the Revised 626
Code. 627
(I) As used in this section, "community control sanction" 630
has the same meaning as in section 2929.01 of the Revised Code. 632
Sec. 4765.34. (A) A FIRST RESPONDER, EMERGENCY MEDICAL 634
16
TECHNICIAN-BASIC, EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE, OR 635
PARAMEDIC, ON BEHALF OF AN EMERGENCY MEDICAL SERVICE 636
ORGANIZATION, SHALL TAKE POSSESSION OF A CHILD WHO IS THIRTY DAYS 637
OLD OR YOUNGER IF THAT CHILD'S PARENT OR DESIGNEE HAS VOLUNTARILY 638
DELIVERED THAT CHILD TO THAT PERSON WITHOUT THE PARENT OR 639
DESIGNEE EXPRESSING AN INTENT TO RETURN FOR THE CHILD. 641
(B) A PERSON WHO TAKES POSSESSION OF A CHILD PURSUANT TO 643
DIVISION (A) OF THIS SECTION SHALL PERFORM ANY ACT OR PERFORM ANY 644
EMERGENCY MEDICAL SERVICE THAT IS NECESSARY TO PROTECT THE 646
PHYSICAL HEALTH AND SAFETY OF THE CHILD AND THAT SECTION 4765.35, 648
4765.37, 4765.38, OR 4765.39 OF THE REVISED CODE AUTHORIZES THE 649
PERSON TO PERFORM.
(C) UPON TAKING POSSESSION OF A CHILD PURSUANT TO THIS 651
SECTION, AN EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL NOTIFY 652
THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE 654
ORGANIZATION IS LOCATED THAT THE EMERGENCY MEDICAL SERVICE 655
ORGANIZATION HAS TAKEN POSSESSION OF THE CHILD. 656
Sec. 5153.164. ON RECEIPT OF A NOTICE GIVEN PURSUANT TO 658
SECTION 2151.3515 OR DIVISION (C) OF SECTION 4765.34 OF THE 659
REVISED CODE THAT AN EMERGENCY MEDICAL SERVICE ORGANIZATION, 661
PEACE OFFICER, OR HOSPITAL HAS TAKEN POSSESSION OF A CHILD AND IN 663
ACCORDANCE WITH RULES OF THE DEPARTMENT OF JOB AND FAMILY 664
SERVICES, A PUBLIC CHILDREN SERVICES AGENCY SHALL DO ALL OF THE 665
FOLLOWING:
(A) CONSIDER THE CHILD TO BE IN NEED OF PUBLIC CARE AND 667
PROTECTIVE SERVICES; 668
(B) ACCEPT AND TAKE EMERGENCY TEMPORARY CUSTODY OF THE 670
CHILD;
(C) PROVIDE TEMPORARY EMERGENCY CARE FOR THE CHILD, 672
WITHOUT AGREEMENT OR COMMITMENT; 673
(D) MAKE AN INVESTIGATION CONCERNING THE CHILD; 675
(E) FILE A MOTION WITH THE JUVENILE COURT OF THE COUNTY IN 677
WHICH THE AGENCY IS LOCATED REQUESTING THE COURT TO GRANT THE 678
AGENCY TEMPORARY CUSTODY OF THE CHILD; 679
17
(F) PROVIDE ANY CARE FOR THE CHILD THAT THE PUBLIC 682
CHILDREN SERVICES AGENCY CONSIDERS TO BE IN THE BEST INTEREST OF 683
THE CHILD, INCLUDING PLACING THE CHILD IN SHELTER CARE; 684
(G) PROVIDE ANY CARE AND PERFORM ANY DUTIES THAT ARE 687
REQUIRED OF PUBLIC CHILDREN SERVICES AGENCIES UNDER SECTION 688
5153.16 OF THE REVISED CODE. 689
(H) PREPARE AND KEEP WRITTEN RECORDS OF THE INVESTIGATION 691
OF THE CHILD, OF THE CARE AND TREATMENT AFFORDED THE CHILD, AND 692
ANY OTHER RECORDS THAT ARE REQUIRED BY THE DEPARTMENT OF JOB AND 693
FAMILY SERVICES.
Section 2. That existing sections 2919.21 and 2919.22 of 695
the Revised Code are hereby repealed. 696