As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S.B. No. 218 5
1999-2000 6
SENATORS MUMPER-DRAKE-JOHNSON-WATTS 7
REPRESENTATIVES HUGHES-WILLAMOWSKI-SCHULER-PETERSON-CORBIN- 9
MOTTLEY-WIDENER 10
_________________________________________________________________ 12
A B I L L
To amend sections 2151.02, 2151.022, 2151.23, 14
2151.27, 2151.28, 2151.35, and 2927.02 and to 15
enact section 2151.87 of the Revised Code to 17
expand the offense of illegal distribution of
cigarettes or other tobacco products; to create 18
the offense of permitting children to use 19
cigarettes or other tobacco products; and to 20
prohibit children from possessing, using,
purchasing, or receiving cigarettes or other 21
tobacco products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2151.02, 2151.022, 2151.23, 25
2151.27, 2151.28, 2151.35, and 2927.02 be amended and section 27
2151.87 of the Revised Code be enacted to read as follows: 28
Sec. 2151.02. As used in this chapter, "delinquent child" 37
includes any of the following: 38
(A) Any child who violates any law of this state or the 40
United States, or any ordinance or regulation of a political 41
subdivision of the state, that would be a crime if committed by 42
an adult, except as provided in section 2151.021 of the Revised 43
Code;
(B) Any child who violates any lawful order of the court 45
made under this chapter OTHER THAN AN ORDER ISSUED UNDER SECTION 46
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2151.87 OF THE REVISED CODE; 47
(C) Any child who violates division (A) of section 49
2923.211 of the Revised Code; 50
(D) Any child who violates division (A)(1) or (2) of 52
section 3730.07 of the Revised Code; 53
(E) Any child who is an habitual truant and who previously 55
has been adjudicated an unruly child for being an habitual 56
truant;
(F) Any child who is a chronic truant. 58
Sec. 2151.022. As used in this chapter, "unruly child" 67
includes any of the following: 68
(A) Any child who does not subject the child's self to the 71
reasonable control of the child's parents, teachers, guardian, or 73
custodian, by reason of being wayward or habitually disobedient; 74
(B) Any child who is persistently truant from home; 76
(C) Any child who is an habitual truant from school and 78
who previously has not been adjudicated an unruly child for being 79
an habitual truant;
(D) Any child who so deports the child's self as to injure 82
or endanger the child's own health or morals or the health or
morals of others; 83
(E) Any child who attempts to enter the marriage relation 85
in any state without the consent of the child's parents, 86
custodian, or legal guardian or other legal authority; 88
(F) Any child who is found in a disreputable place, visits 90
or patronizes a place prohibited by law, or associates with 92
vagrant, vicious, criminal, notorious, or immoral persons; 93
(G) Any child who engages in an occupation prohibited by 95
law or is in a situation dangerous to life or limb or injurious 97
to the child's own health or morals or the health or morals of 99
others;
(H) Any child who violates a law, other than division (A) 101
of section 2923.211 OR SECTION 2151.87 of the Revised Code, that 103
is applicable only to a child.
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Sec. 2151.23. (A) The juvenile court has exclusive 113
original jurisdiction under the Revised Code as follows: 114
(1) Concerning any child who on or about the date 116
specified in the complaint is alleged to HAVE VIOLATED SECTION 117
2151.87 OF THE REVISED CODE OR AN ORDER ISSUED UNDER THAT SECTION 118
OR TO be a juvenile traffic offender or a delinquent, unruly, 119
abused, neglected, or dependent child and, based on and in 121
relation to the allegation pertaining to the child, concerning 122
the parent, guardian, or other person having care of a child who 123
is alleged to be an unruly or delinquent child for being an
habitual or chronic truant; 125
(2) Subject to division (V) of section 2301.03 of the 127
Revised Code, to determine the custody of any child not a ward of 128
another court of this state; 129
(3) To hear and determine any application for a writ of 131
habeas corpus involving the custody of a child; 132
(4) To exercise the powers and jurisdiction given the 134
probate division of the court of common pleas in Chapter 5122. of 136
the Revised Code, if the court has probable cause to believe that 137
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 138
defined in section 5122.01 of the Revised Code; 139
(5) To hear and determine all criminal cases charging 141
adults with the violation of any section of this chapter; 142
(6) To hear and determine all criminal cases in which an 144
adult is charged with a violation of division (C) of section 145
2919.21, division (B)(1) of section 2919.22, section 2919.222, 146
division (B) of section 2919.23, or section 2919.24 of the 148
Revised Code, provided the charge is not included in an 149
indictment that also charges the alleged adult offender with the 150
commission of a felony arising out of the same actions that are 151
the basis of the alleged violation of division (C) of section 152
2919.21, division (B)(1) of section 2919.22, section 2919.222, 153
division (B) of section 2919.23, or section 2919.24 of the 155
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Revised Code;
(7) Under the interstate compact on juveniles in section 157
2151.56 of the Revised Code; 158
(8) Concerning any child who is to be taken into custody 160
pursuant to section 2151.31 of the Revised Code, upon being 161
notified of the intent to take the child into custody and the 162
reasons for taking the child into custody; 163
(9) To hear and determine requests for the extension of 165
temporary custody agreements, and requests for court approval of 166
permanent custody agreements, that are filed pursuant to section 167
5103.15 of the Revised Code; 168
(10) To hear and determine applications for consent to 170
marry pursuant to section 3101.04 of the Revised Code; 171
(11) Subject to division (V) of section 2301.03 of the 173
Revised Code, to hear and determine a request for an order for 174
the support of any child if the request is not ancillary to an 175
action for divorce, dissolution of marriage, annulment, or legal 176
separation, a criminal or civil action involving an allegation of 177
domestic violence, or an action for support brought under Chapter 178
3115. of the Revised Code; 179
(12) Concerning an action commenced under section 121.38 181
of the Revised Code; 182
; 184
(14)(13) To hear and determine violations of section 186
3321.38 of the Revised Code; 187
(15)(14) To exercise jurisdiction and authority over the 190
parent, guardian, or other person having care of a child alleged 191
to be a delinquent child, unruly child, or juvenile traffic 192
offender, based on and in relation to the allegation pertaining 193
to the child. 194
(B) Except as provided in division (I) of section 2301.03 196
of the Revised Code, the juvenile court has original jurisdiction 197
under the Revised Code: 198
(1) To hear and determine all cases of misdemeanors 200
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charging adults with any act or omission with respect to any 201
child, which act or omission is a violation of any state law or 202
any municipal ordinance; 203
(2) To determine the paternity of any child alleged to 205
have been born out of wedlock pursuant to sections 3111.01 to 206
3111.19 of the Revised Code; 207
(3) Under the uniform interstate family support act in 210
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 212
the support of any child, if the child is not a ward of another 213
court of this state; 214
(5) To hear and determine an action commenced under 216
section 5101.314 of the Revised Code. 217
(C) The juvenile court, except as to juvenile courts that 219
are a separate division of the court of common pleas or a 220
separate and independent juvenile court, has jurisdiction to 221
hear, determine, and make a record of any action for divorce or 222
legal separation that involves the custody or care of children 223
and that is filed in the court of common pleas and certified by 224
the court of common pleas with all the papers filed in the action 225
to the juvenile court for trial, provided that no certification 226
of that nature shall be made to any juvenile court unless the 228
consent of the juvenile judge first is obtained. After a 229
certification of that nature is made and consent is obtained, the 231
juvenile court shall proceed as if the action originally had been 232
begun in that court, except as to awards for spousal support or 233
support due and unpaid at the time of certification, over which 234
the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in division (I) 236
of section 2301.03 of the Revised Code, has jurisdiction to hear 237
and determine all matters as to custody and support of children 238
duly certified by the court of common pleas to the juvenile court 239
after a divorce decree has been granted, including jurisdiction 240
to modify the judgment and decree of the court of common pleas as 241
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the same relate to the custody and support of children. 242
(E) The juvenile court, except as provided in division (I) 244
of section 2301.03 of the Revised Code, has jurisdiction to hear 245
and determine the case of any child certified to the court by any 246
court of competent jurisdiction if the child comes within the 247
jurisdiction of the juvenile court as defined by this section. 248
(F)(1) The juvenile court shall exercise its jurisdiction 250
in child custody matters in accordance with sections 3109.04, 251
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 252
(2) The juvenile court shall exercise its jurisdiction in 254
child support matters in accordance with section 3109.05 of the 255
Revised Code. 256
(G)(1) Each order for child support made or modified by a 258
juvenile court shall include as part of the order a general 260
provision, as described in division (A)(1) of section 3113.21 of 261
the Revised Code, requiring the withholding or deduction of 262
income or assets of the obligor under the order as described in 264
division (D) of section 3113.21 of the Revised Code, or another 265
type of appropriate requirement as described in division (D)(3), 266
(D)(4), or (H) of that section, to ensure that withholding or 268
deduction from the income or assets of the obligor is available 270
from the commencement of the support order for collection of the 271
support and of any arrearages that occur; a statement requiring 272
all parties to the order to notify the child support enforcement 273
agency in writing of their current mailing address, current 274
residence address, current residence telephone number, and 275
current driver's license number, and any changes to that 276
information; and a notice that the requirement to notify the 277
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 278
juvenile court that makes or modifies an order for child support 279
shall comply with sections 3113.21 to 3113.219 of the Revised 281
Code. If any person required to pay child support under an order 282
made by a juvenile court on or after April 15, 1985, or modified 283
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on or after December 1, 1986, is found in contempt of court for 284
failure to make support payments under the order, the court that 285
makes the finding, in addition to any other penalty or remedy 286
imposed, shall assess all court costs arising out of the contempt 287
proceeding against the person and require the person to pay any 288
reasonable attorney's fees of any adverse party, as determined by 289
the court, that arose in relation to the act of contempt. 290
(2) Notwithstanding section 3109.01 of the Revised Code, 292
if a juvenile court issues a child support order under this 293
chapter, the order shall remain in effect beyond the child's 294
eighteenth birthday as long as the child continuously attends on 295
a full-time basis any recognized and accredited high school or 296
the order provides that the duty of support of the child 297
continues beyond the child's eighteenth birthday. Except in 298
cases in which the order provides that the duty of support 299
continues for any period after the child reaches nineteen years 300
of age the order shall not remain in effect after the child
reaches nineteen years of age. Any parent ordered to pay support 302
under a child support order issued under this chapter shall 303
continue to pay support under the order, including during 304
seasonal vacation periods, until the order terminates. 305
(H) If a child who is charged with an act that would be an 307
offense if committed by an adult was fourteen years of age or 308
older and under eighteen years of age at the time of the alleged 309
act and if the case is transferred for criminal prosecution 310
pursuant to section 2151.26 of the Revised Code, the juvenile 312
court does not have jurisdiction to hear or determine the case 313
subsequent to the transfer. The court to which the case is 314
transferred for criminal prosecution pursuant to that section has 315
jurisdiction subsequent to the transfer to hear and determine the 316
case in the same manner as if the case originally had been 317
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 318
authorized by Criminal Rule 11 or another section of the Revised 320
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Code and jurisdiction to accept a verdict and to enter a judgment 321
of conviction pursuant to the Rules of Criminal Procedure against 322
the child for the commission of the offense that was the basis of 323
the transfer of the case for criminal prosecution, whether the 324
conviction is for the same degree or a lesser degree of the 325
offense charged, for the commission of a lesser-included offense, 326
or for the commission of another offense that is different from 327
the offense charged. 328
(I) If a person under eighteen years of age allegedly 331
commits an act that would be a felony if committed by an adult 332
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 333
the juvenile court does not have jurisdiction to hear or 334
determine any portion of the case charging the person with 335
committing that act. In those circumstances, divisions (B) and 336
(C) of section 2151.26 of the Revised Code do not apply regarding 337
the act, the case charging the person with committing the act 338
shall be a criminal prosecution commenced and heard in the 339
appropriate court having jurisdiction of the offense as if the 340
person had been eighteen years of age or older when the person 341
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 342
offense, and the court having jurisdiction of the offense has all 343
the authority and duties in the case as it has in other criminal 344
cases commenced in that court.
Sec. 2151.27. (A)(1) Subject to division (A)(2) of this 354
section, any person having knowledge of a child who appears to 355
HAVE VIOLATED SECTION 2151.87 OF THE REVISED CODE OR TO be a
juvenile traffic offender or to be a delinquent, unruly, abused, 357
neglected, or dependent child may file a sworn complaint with 358
respect to that child in the juvenile court of the county in 359
which the child has a residence or legal settlement or in which 360
the VIOLATION, traffic offense, delinquency, unruliness, abuse, 362
neglect, or dependency allegedly occurred. If an alleged abused, 363
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neglected, or dependent child is taken into custody pursuant to 364
division (D) of section 2151.31 of the Revised Code or is taken 365
into custody pursuant to division (A) of section 2151.31 of the 366
Revised Code without the filing of a complaint and placed into 367
shelter care pursuant to division (C) of that section, a sworn 368
complaint shall be filed with respect to the child before the end 369
of the next day after the day on which the child was taken into 370
custody. The sworn complaint may be upon information and belief, 371
and, in addition to the allegation that the child COMMITTED THE 372
VIOLATION OR is a delinquent, unruly, abused, neglected, or 374
dependent child or a juvenile traffic offender, the complaint 375
shall allege the particular facts upon which the allegation that 376
the child COMMITTED THE VIOLATION OR is a delinquent, unruly, 377
abused, neglected, or dependent child or a juvenile traffic 378
offender is based. 379
(2) Any person having knowledge of a child who appears to 381
be an unruly or delinquent child for being an habitual or chronic 382
truant may file a sworn complaint with respect to that child and 384
the parent, guardian, or other person having care of the child in 385
the juvenile court of the county in which the child has a 386
residence or legal settlement or in which the child is supposed 387
to attend public school. The sworn complaint may be upon 388
information and belief and shall contain the following 389
allegations:
(a) That the child is an unruly child for being an 391
habitual truant or the child is a delinquent child for being a 392
chronic truant or an habitual truant who previously has been 393
adjudicated an unruly child for being an habitual truant and, in 394
addition, the particular facts upon which that allegation is 395
based;
(b) That the parent, guardian, or other person having care 397
of the child has failed to cause the child's attendance at school 398
in violation of section 3321.38 of the Revised Code and, in 399
addition, the particular facts upon which that allegation is 400
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based.
(B) If a child, before arriving at the age of eighteen 402
years, allegedly commits an act for which the child may be 403
adjudicated a delinquent child, an unruly child, or a juvenile 404
traffic offender and if the specific complaint alleging the act 405
is not filed or a hearing on that specific complaint is not held 406
until after the child arrives at the age of eighteen years, the 407
court has jurisdiction to hear and dispose of the complaint as if 408
the complaint were filed and the hearing held before the child 409
arrived at the age of eighteen years. 410
(C) If the complainant in a case in which a child is 412
alleged to be an abused, neglected, or dependent child desires 413
permanent custody of the child or children, temporary custody of 414
the child or children, whether as the preferred or an alternative 415
disposition, or the placement of the child in a planned permanent 416
living arrangement, the complaint shall contain a prayer 417
specifically requesting permanent custody, temporary custody, or 418
the placement of the child in a planned permanent living 419
arrangement. 420
(D) For purposes of the record to be maintained by the 422
clerk under division (B) of section 2151.18 of the Revised Code, 423
when a complaint is filed that alleges that a child is a 424
delinquent child, the court shall determine if the victim of the 425
alleged delinquent act was sixty-five years of age or older or 426
permanently and totally disabled at the time of the alleged 427
commission of the act. 428
(E) Any person with standing under applicable law may file 430
a complaint for the determination of any other matter over which 431
the juvenile court is given jurisdiction by section 2151.23 of 432
the Revised Code. The complaint shall be filed in the county in 433
which the child who is the subject of the complaint is found or 434
was last known to be found. 435
(F) Within ten days after the filing of a complaint, the 437
court shall give written notice of the filing of the complaint 438
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and of the substance of the complaint to the superintendent of a 439
city, local, exempted village, or joint vocational school 440
district if the complaint alleges that a child committed an act 441
that would be a criminal offense if committed by an adult, that 443
the child was sixteen years of age or older at the time of the 444
commission of the alleged act, and that the alleged act is any of 445
the following:
(1) A violation of section 2923.122 of the Revised Code 447
that relates to property owned or controlled by, or to an 448
activity held under the auspices of, the board of education of 449
that school district; 450
(2) A violation of section 2923.12 of the Revised Code, of 452
a substantially similar municipal ordinance, or of section 453
2925.03 of the Revised Code that was committed on property owned 454
or controlled by, or at an activity held under the auspices of, 455
the board of education of that school district; 456
(3) A violation of section 2925.11 of the Revised Code 458
that was committed on property owned or controlled by, or at an 459
activity held under the auspices of, the board of education of 460
that school district, other than a violation of that section that 461
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 462
(4) A violation of section 2903.01, 2903.02, 2903.03, 464
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 466
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 468
at an activity held under the auspices of, the board of education 469
of that school district, if the victim at the time of the 470
commission of the alleged act was an employee of the board of
education of that school district. 471
(5) Complicity in any violation described in division 473
(F)(1), (2), (3), or (4) of this section that was alleged to have 474
been committed in the manner described in division (F)(1), (2), 475
(3), or (4) of this section, regardless of whether the act of 476
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complicity was committed on property owned or controlled by, or 477
at an activity held under the auspices of, the board of education 478
of that school district. 479
(G) A public children services agency, acting pursuant to 481
a complaint or an action on a complaint filed under this section, 482
is not subject to the requirements of section 3109.27 of the 483
Revised Code.
Sec. 2151.28. (A) No later than seventy-two hours after 493
the complaint is filed, the court shall fix a time for an 495
adjudicatory hearing. The court shall conduct the adjudicatory 496
hearing within one of the following periods of time: 497
(1) If the complaint alleged that the child VIOLATED 499
SECTION 2151.87 OF THE REVISED CODE OR is a delinquent or unruly 500
child or a juvenile traffic offender, the adjudicatory hearing 501
shall be held and may be continued in accordance with the 502
Juvenile Rules.
(2) If the complaint alleged that the child is an abused, 504
neglected, or dependent child, the adjudicatory hearing shall be 505
held no later than thirty days after the complaint is filed, 506
except that, for good cause shown, the court may continue the 507
adjudicatory hearing for either of the following periods of time: 508
(a) For ten days beyond the thirty-day deadline to allow 510
any party to obtain counsel; 511
(b) For a reasonable period of time beyond the thirty-day 513
deadline to obtain service on all parties or any necessary 514
evaluation, except that the adjudicatory hearing shall not be 515
held later than sixty days after the date on which the complaint 516
was filed. 517
(B) At an adjudicatory hearing held pursuant to division 519
(A)(2) of this section, the court, in addition to determining 520
whether the child is an abused, neglected, or dependent child, 521
shall determine whether the child should remain or be placed in 522
shelter care until the dispositional hearing. When the court 523
makes the shelter care determination, all of the following apply: 524
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(1) The court shall determine whether there are any 526
relatives of the child who are willing to be temporary custodians 527
of the child. If any relative is willing to be a temporary 528
custodian, the child otherwise would remain or be placed in 529
shelter care, and the appointment is appropriate, the court shall 530
appoint the relative as temporary custodian of the child, unless 531
the court appoints another relative as custodian. If it 532
determines that the appointment of a relative as custodian would 533
not be appropriate, it shall issue a written opinion setting 534
forth the reasons for its determination and give a copy of the 535
opinion to all parties and the guardian ad litem of the child. 536
The court's consideration of a relative for appointment as 538
a temporary custodian does not make that relative a party to the 539
proceedings. 540
(2) The court shall comply with section 2151.419 of the 543
Revised Code.
(3) The court shall schedule the date for the 545
dispositional hearing to be held pursuant to section 2151.35 of 546
the Revised Code. The parents of the child have a right to be 547
represented by counsel; however, in no case shall the 548
dispositional hearing be held later than ninety days after the 549
date on which the complaint was filed. 550
(C)(1) The court shall direct the issuance of a summons 552
directed to the child except as provided by this section, the 553
parents, guardian, custodian, or other person with whom the child 554
may be, and any other persons that appear to the court to be 555
proper or necessary parties to the proceedings, requiring them to 556
appear before the court at the time fixed to answer the 557
allegations of the complaint. The summons shall contain the name 558
and telephone number of the court employee designated by the 559
court pursuant to section 2151.314 of the Revised Code to arrange 560
for the prompt appointment of counsel for indigent persons. A 561
child alleged to be an abused, neglected, or dependent child 562
shall not be summoned unless the court so directs. A summons 563
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issued for a child who is under fourteen years of age and who is 564
alleged to be a delinquent child, unruly child, or a juvenile 565
traffic offender shall be served on the parent, guardian, or 566
custodian of the child in the child's behalf. 567
If the person who has physical custody of the child, or 569
with whom the child resides, is other than the parent or 570
guardian, then the parents and guardian also shall be summoned. 571
A copy of the complaint shall accompany the summons. 572
(2) IN LIEU OF APPEARING BEFORE THE COURT AT THE TIME 575
FIXED IN THE SUMMONS AND PRIOR TO THE DATE FIXED FOR APPEARANCE 576
IN THE SUMMONS, A CHILD WHO IS ALLEGED TO HAVE VIOLATED SECTION 577
2151.87 OF THE REVISED CODE AND THAT CHILD'S PARENT, GUARDIAN, OR 579
CUSTODIAN MAY SIGN A WAIVER OF APPEARANCE BEFORE THE CLERK OF THE 581
JUVENILE COURT AND PAY A FINE OF ONE HUNDRED DOLLARS. IF THE 582
CHILD AND THAT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN DO NOT
WAIVE THE COURT APPEARANCE, THE COURT SHALL PROCEED WITH THE 584
ADJUDICATORY HEARING AS PROVIDED IN THIS SECTION. 585
(D) If the complaint contains a prayer for permanent 587
custody, temporary custody, whether as the preferred or an 588
alternative disposition, or a planned permanent living 590
arrangement in a case involving an alleged abused, neglected, or 591
dependent child, the summons served on the parents shall contain 592
as is appropriate an explanation that the granting of permanent 593
custody permanently divests the parents of their parental rights 594
and privileges, an explanation that an adjudication that the 595
child is an abused, neglected, or dependent child may result in 596
an order of temporary custody that will cause the removal of the 597
child from their legal custody until the court terminates the 598
order of temporary custody or permanently divests the parents of 599
their parental rights, or an explanation that the issuance of an 600
order for a planned permanent living arrangement will cause the 601
removal of the child from the legal custody of the parents if any 603
of the conditions listed in divisions (A)(5)(a) to (c) of section 604
2151.353 of the Revised Code are found to exist. 605
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(E)(1) Except as otherwise provided in division (E)(2) of 608
this section, the court may endorse upon the summons an order 609
directing the parents, guardian, or other person with whom the
child may be to appear personally at the hearing and directing 610
the person having the physical custody or control of the child to 611
bring the child to the hearing. 612
(2) In cases in which the complaint alleges that a child 614
is an unruly or delinquent child for being an habitual or chronic 615
truant and that the parent, guardian, or other person having care 616
of the child has failed to cause the child's attendance at 617
school, the court shall endorse upon the summons an order 618
directing the parent, guardian, or other person having care of 619
the child to appear personally at the hearing and directing the 620
person having the physical custody or control of the child to 621
bring the child to the hearing.
(F)(1) The summons shall contain a statement advising that 623
any party is entitled to counsel in the proceedings and that the 624
court will appoint counsel or designate a county public defender 625
or joint county public defender to provide legal representation 626
if the party is indigent. 627
(2) In cases in which the complaint alleges a child to be 629
an abused, neglected, or dependent child and no hearing has been 630
conducted pursuant to division (A) of section 2151.314 of the 631
Revised Code with respect to the child or a parent, guardian, or 632
custodian of the child does not attend the hearing, the summons 633
also shall contain a statement advising that a case plan may be 634
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 635
to comply with a journalized case plan. 636
(G) If it appears from an affidavit filed or from sworn 638
testimony before the court that the conduct, condition, or 639
surroundings of the child are endangering the child's health or 641
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 642
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will not be brought to the court, notwithstanding the service of 644
the summons, the court may endorse upon the summons an order that 645
a law enforcement officer serve the summons and take the child 646
into immediate custody and bring the child forthwith to the 647
court.
(H) A party, other than the child, may waive service of 649
summons by written stipulation. 650
(I) Before any temporary commitment is made permanent, the 652
court shall fix a time for hearing in accordance with section 653
2151.414 of the Revised Code and shall cause notice by summons to 654
be served upon the parent or guardian of the child and the 655
guardian ad litem of the child, or published, as provided in 656
section 2151.29 of the Revised Code. The summons shall contain 657
an explanation that the granting of permanent custody permanently 658
divests the parents of their parental rights and privileges. 659
(J) Any person whose presence is considered necessary and 661
who is not summoned may be subpoenaed to appear and testify at 662
the hearing. Anyone summoned or subpoenaed to appear who fails 664
to do so may be punished, as in other cases in the court of 665
common pleas, for contempt of court. Persons subpoenaed shall be 666
paid the same witness fees as are allowed in the court of common 667
pleas. 668
(K) The failure of the court to hold an adjudicatory 670
hearing within any time period set forth in division (A)(2) of 671
this section does not affect the ability of the court to issue 672
any order under this chapter and does not provide any basis for 673
attacking the jurisdiction of the court or the validity of any 674
order of the court. 675
(L) If the court, at an adjudicatory hearing held pursuant 677
to division (A) of this section upon a complaint alleging that a 678
child is an abused, neglected, dependent, delinquent, or unruly 679
child or a juvenile traffic offender, determines that the child 680
is a dependent child, the court shall incorporate that 681
determination into written findings of fact and conclusions of 682
17
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 684
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 685
family problems that are the basis for the court's determination 686
that the child is a dependent child. 687
Sec. 2151.35. (A)(1) The juvenile court may conduct its 696
hearings in an informal manner and may adjourn its hearings from 697
time to time. In the hearing of any case, the general public may 698
be excluded and only those persons admitted who have a direct 699
interest in the case. 700
Except cases involving children who are alleged to be 702
unruly or delinquent children for being habitual or chronic 703
truants, all cases involving children shall be heard separately 704
and apart from the trial of cases against adults. The court may 705
excuse the attendance of the child at the hearing in cases 706
involving abused, neglected, or dependent children. The court 707
shall hear and determine all cases of children without a jury, 708
except that section 2151.47 of the Revised Code shall apply in 710
cases involving a complaint that jointly alleges that a child is 711
an unruly or delinquent child for being an habitual or chronic 712
truant and that a parent, guardian, or other person having care 714
of the child failed to cause the child's attendance at school. 715
If a complaint alleges a child to be a delinquent child, 717
unruly child, or juvenile traffic offender, the court shall 718
require the parent, guardian, or custodian of the child to attend 719
all proceedings of the court regarding the child. If a parent, 720
guardian, or custodian fails to so attend, the court may find the 721
parent, guardian, or custodian in contempt. 722
IF THE COURT FINDS FROM CLEAR AND CONVINCING EVIDENCE THAT 724
THE CHILD VIOLATED SECTION 2151.87 OF THE REVISED CODE, THE COURT 725
SHALL PROCEED IN ACCORDANCE WITH DIVISIONS (F) AND (G) OF THAT 726
SECTION.
If the court at the adjudicatory hearing finds from clear 728
18
and convincing evidence that the child is an abused, neglected, 729
or dependent child, the court shall proceed, in accordance with 730
division (B) of this section, to hold a dispositional hearing and 731
hear the evidence as to the proper disposition to be made under 732
section 2151.353 of the Revised Code. If the court at the 733
adjudicatory hearing finds beyond a reasonable doubt that the 734
child is a delinquent or unruly child or a juvenile traffic 735
offender, the court shall proceed immediately, or at a postponed 736
hearing, to hear the evidence as to the proper disposition to be 737
made under sections 2151.352 to 2151.355 of the Revised Code. If 739
the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is an unruly child for being an habitual 740
truant, or that the child is an unruly child for being an 741
habitual truant and that the parent, guardian, or other person 742
having care of the child has failed to cause the child's 743
attendance at school in violation of section 3321.38 of the 744
Revised Code, the court shall proceed to hold a hearing to hear 745
the evidence as to the proper disposition to be made in regard to 746
the child under division (C)(1) of section 2151.354 of the 747
Revised Code and the proper action to take in regard to the 749
parent, guardian, or other person having care of the child under
division (C)(2) of section 2151.354 of the Revised Code. If the 751
court at the adjudicatory hearing finds beyond a reasonable doubt 752
that the child is a delinquent child for being a chronic truant
or for being an habitual truant who previously has been 753
adjudicated an unruly child for being an habitual truant, or that 754
the child is a delinquent child for either of those reasons and 755
the parent, guardian, or other person having care of the child 756
has failed to cause the child's attendance at school in violation 757
of section 3321.38 of the Revised Code, the court shall proceed 758
to hold a hearing to hear the evidence as to the proper 759
disposition to be made in regard to the child under division 760
(A)(24)(a) of section 2151.355 of the Revised Code and the proper 763
action to take in regard to the parent, guardian, or other person 764
19
having care of the child under division (A)(24)(b) of section 765
2151.355 of the Revised Code.
If the court does not find the child to HAVE VIOLATED 767
SECTION 2151.87 OF THE REVISED CODE OR TO be an abused, 768
neglected, dependent, delinquent, or unruly child or a juvenile 769
traffic offender, it shall order that the complaint be dismissed 770
and that the child be discharged from any detention or 771
restriction theretofore ordered. 772
(2) A record of all testimony and other oral proceedings 774
in juvenile court shall be made in all proceedings that are held 775
pursuant to section 2151.414 of the Revised Code or in which an 776
order of disposition may be made pursuant to division (A)(4) of 777
section 2151.353 of the Revised Code, and shall be made upon 778
request in any other proceedings. The record shall be made as 779
provided in section 2301.20 of the Revised Code. 780
(B)(1) If the court at an adjudicatory hearing determines 782
that a child is an abused, neglected, or dependent child, the 783
court shall not issue a dispositional order until after the court 784
holds a separate dispositional hearing. The court may hold the 785
dispositional hearing for an adjudicated abused, neglected, or 787
dependent child immediately after the adjudicatory hearing if all 789
parties were served prior to the adjudicatory hearing with all 790
documents required for the dispositional hearing. The 791
dispositional hearing may not be held more than thirty days after 792
the adjudicatory hearing is held. The court, upon the request of 793
any party or the guardian ad litem of the child, may continue a 794
dispositional hearing for a reasonable time not to exceed the 795
time limits set forth in this division to enable a party to 796
obtain or consult counsel. The dispositional hearing shall not 797
be held more than ninety days after the date on which the 798
complaint in the case was filed. 799
If the dispositional hearing is not held within the period 801
of time required by this division, the court, on its own motion 802
or the motion of any party or the guardian ad litem of the child, 803
20
shall dismiss the complaint without prejudice. 804
(2) The dispositional hearing shall be conducted in 806
accordance with all of the following: 807
(a) The judge or referee who presided at the adjudicatory 809
hearing shall preside, if possible, at the dispositional hearing; 810
(b) The court may admit any evidence that is material and 812
relevant, including, but not limited to, hearsay, opinion, and 813
documentary evidence; 814
(c) Medical examiners and each investigator who prepared a 816
social history shall not be cross-examined, except upon consent 817
of the parties, for good cause shown, or as the court in its 818
discretion may direct. Any party may offer evidence 819
supplementing, explaining, or disputing any information contained 820
in the social history or other reports that may be used by the 821
court in determining disposition. 822
(3) After the conclusion of the dispositional hearing, the 824
court shall enter an appropriate judgment within seven days and 825
shall schedule the date for the hearing to be held pursuant to 826
section 2151.415 of the Revised Code. The court may make any 827
order of disposition that is set forth in section 2151.353 of the 828
Revised Code. A copy of the judgment shall be given to each 829
party and to the child's guardian ad litem. If the judgment is 830
conditional, the order shall state the conditions of the 831
judgment. If the child is not returned to the child's own home, 833
the court shall determine which school district shall bear the
cost of the child's education and shall comply with section 835
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 837
issue any order described in division (B) of section 2151.33 of 838
the Revised Code. 839
(C) The court shall give all parties to the action and the 841
child's guardian ad litem notice of the adjudicatory and 842
dispositional hearings in accordance with the Juvenile Rules. 843
(D) If the court issues an order pursuant to division 845
21
(A)(4) of section 2151.353 of the Revised Code committing a child 846
to the permanent custody of a public children services agency or 847
a private child placing agency, the parents of the child whose 848
parental rights were terminated cease to be parties to the action 849
upon the issuance of the order. This division is not intended to 850
eliminate or restrict any right of the parents to appeal the 851
permanent custody order issued pursuant to division (A)(4) of 852
section 2151.353 of the Revised Code. 853
(E) Each juvenile court shall schedule its hearings in 855
accordance with the time requirements of this chapter. 856
(F) In cases regarding abused, neglected, or dependent 858
children, the court may admit any statement of a child that the 859
court determines to be excluded by the hearsay rule if the 860
proponent of the statement informs the adverse party of the 861
proponent's intention to offer the statement and of the 863
particulars of the statement, including the name of the 864
declarant, sufficiently in advance of the hearing to provide the 865
party with a fair opportunity to prepare to challenge, respond 866
to, or defend against the statement, and the court determines all 867
of the following: 868
(1) The statement has circumstantial guarantees of 870
trustworthiness; 871
(2) The statement is offered as evidence of a material 873
fact; 874
(3) The statement is more probative on the point for which 876
it is offered than any other evidence that the proponent can 877
procure through reasonable efforts; 878
(4) The general purposes of the evidence rules and the 880
interests of justice will best be served by the admission of the 881
statement into evidence. 882
(G) If a child is alleged to be an abused child, the court 884
may order that the testimony of the child be taken by deposition. 885
On motion of the prosecuting attorney, guardian ad litem, or any 886
party, or in its own discretion, the court may order that the 887
22
deposition be videotaped. Any deposition taken under this 888
division shall be taken with a judge or referee present. 889
If a deposition taken under this division is intended to be 891
offered as evidence at the hearing, it shall be filed with the 892
court. Part or all of the deposition is admissible in evidence 893
if counsel for all parties had an opportunity and similar motive 894
at the time of the taking of the deposition to develop the 895
testimony by direct, cross, or redirect examination and the judge 896
determines that there is reasonable cause to believe that if the 897
child were to testify in person at the hearing, the child would 898
experience emotional trauma as a result of participating at the 899
hearing.
Sec. 2151.87. (A) AS USED IN THIS SECTION: 901
(1) "CIGARETTE" AND "TOBACCO PRODUCT" HAVE THE SAME 903
MEANINGS AS IN SECTION 2927.02 OF THE REVISED CODE. 905
(2) "YOUTH SMOKING EDUCATION PROGRAM" MEANS A PRIVATE OR 907
PUBLIC AGENCY PROGRAM THAT IS RELATED TO TOBACCO USE, PREVENTION, 908
AND CESSATION, THAT IS CARRIED OUT OR FUNDED BY THE TOBACCO USE 909
PREVENTION AND CONTROL FOUNDATION PURSUANT TO SECTION 183.07 OF 910
THE REVISED CODE, THAT UTILIZES EDUCATIONAL METHODS FOCUSING ON 912
THE NEGATIVE HEALTH EFFECTS OF SMOKING AND USING TOBACCO 913
PRODUCTS, AND THAT IS NOT MORE THAN TWELVE HOURS IN DURATION. 914
(B) NO CHILD SHALL DO ANY OF THE FOLLOWING UNLESS 916
ACCOMPANIED BY A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR 918
OLDER, OR LEGAL GUARDIAN OF THE CHILD: 919
(1) USE, CONSUME, OR POSSESS CIGARETTES, OTHER TOBACCO 921
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 922
(2) PURCHASE OR ATTEMPT TO PURCHASE CIGARETTES, OTHER 924
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 925
(3) ORDER, PAY FOR, OR SHARE THE COST OF CIGARETTES, OTHER 928
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 929
(4) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 931
ACCEPT OR RECEIVE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 933
USED TO ROLL CIGARETTES.
23
(C) NO CHILD SHALL KNOWINGLY FURNISH FALSE INFORMATION 935
CONCERNING THAT CHILD'S NAME, AGE, OR OTHER IDENTIFICATION FOR 937
THE PURPOSE OF OBTAINING CIGARETTES, OTHER TOBACCO PRODUCTS, OR 938
PAPERS USED TO ROLL CIGARETTES. 939
(D) A JUVENILE COURT SHALL NOT ADJUDICATE A CHILD A 942
DELINQUENT OR UNRULY CHILD FOR A VIOLATION OF DIVISION (B)(1), 943
(2), (3), OR (4) OR (C) OF THIS SECTION. 944
(E)(1) IT IS NOT A VIOLATION OF DIVISION (B)(4) OF THIS 948
SECTION FOR A CHILD TO ACCEPT OR RECEIVE CIGARETTES, OTHER 949
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IF THE CHILD 950
IS REQUIRED TO DO SO IN THE PERFORMANCE OF THE CHILD'S DUTIES AS 951
AN EMPLOYEE OF THAT CHILD'S EMPLOYER AND THE CHILD'S ACCEPTANCE 952
OR RECEIPT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 953
TO ROLL CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF THE 954
CHILD'S EMPLOYMENT. 955
(2) IT IS NOT A VIOLATION OF DIVISION (B)(1), (2), (3), OR 957
(4) OF THIS SECTION IF THE CHILD POSSESSES, PURCHASES OR ATTEMPTS 958
TO PURCHASE, ORDERS, PAYS FOR, SHARES THE COST OF, OR ACCEPTS OR 959
RECEIVES CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO 960
ROLL CIGARETTES WHILE PARTICIPATING IN AN INSPECTION OR 961
COMPLIANCE CHECK CONDUCTED BY A FEDERAL, STATE, LOCAL, OR 962
CORPORATE ENTITY AT A LOCATION AT WHICH CIGARETTES, OTHER TOBACCO 963
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES ARE SOLD OR 964
DISTRIBUTED.
(F) IF A JUVENILE COURT FINDS THAT A CHILD VIOLATED 967
DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION, THE 968
COURT MAY DO EITHER OR BOTH OF THE FOLLOWING: 969
(1) REQUIRE THE CHILD TO ATTEND A YOUTH SMOKING EDUCATION 971
PROGRAM OR OTHER SMOKING TREATMENT PROGRAM APPROVED BY THE COURT, 972
IF ONE IS AVAILABLE; 973
(2) IMPOSE A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS. 975
(G) IF A CHILD DISOBEYS A JUVENILE COURT ORDER ISSUED 977
PURSUANT TO DIVISION (F) OF THIS SECTION, THE COURT MAY DO ANY OR 978
ALL OF THE FOLLOWING: 979
24
(1) INCREASE THE FINE IMPOSED UPON THE CHILD UNDER 981
DIVISION (F)(2) OF THIS SECTION; 983
(2) REQUIRE THE CHILD TO PERFORM NOT MORE THAN TWENTY 985
HOURS OF COMMUNITY SERVICE; 986
(3) SUSPEND FOR A PERIOD OF THIRTY DAYS THE TEMPORARY 988
INSTRUCTION PERMIT, PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S 989
LICENSE ISSUED TO THE CHILD. 990
(H) A CHILD ALLEGED OR FOUND TO HAVE VIOLATED DIVISION (B) 993
OR (C) OF THIS SECTION SHALL NOT BE DETAINED UNDER ANY PROVISION 994
OF THIS CHAPTER OR ANY OTHER PROVISION OF THE REVISED CODE. 995
Sec. 2927.02. (A) AS USED IN THIS SECTION AND SECTION 1,004
2927.021 OF THE REVISED CODE:
(1) "CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 OF 1,006
THE REVISED CODE.
(2) "CIGARETTE" INCLUDES CLOVE CIGARETTES AND HAND-ROLLED 1,009
CIGARETTES.
(3) "DISTRIBUTE" MEANS TO FURNISH, GIVE, OR PROVIDE 1,012
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 1,013
CIGARETTES TO THE ULTIMATE CONSUMER OF THE CIGARETTES, OTHER 1,014
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES. 1,015
(4) "PROOF OF AGE" MEANS A DRIVER'S LICENSE, A COMMERCIAL 1,018
DRIVER'S LICENSE, A MILITARY IDENTIFICATION CARD, A PASSPORT, OR 1,019
AN IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 1,020
OF THE REVISED CODE THAT SHOWS THAT A PERSON IS EIGHTEEN YEARS OF 1,021
AGE OR OLDER.
(5) "TOBACCO PRODUCT" MEANS ANY PRODUCT THAT IS MADE FROM 1,024
TOBACCO, INCLUDING, BUT NOT LIMITED TO, A CIGARETTE, A CIGAR, 1,025
PIPE TOBACCO, CHEWING TOBACCO, OR SNUFF. 1,026
(6) "VENDING MACHINE" HAS THE SAME MEANING AS "COIN 1,029
MACHINE" IN SECTION 2913.01 OF THE REVISED CODE. 1,030
(B) No manufacturer, producer, distributor, wholesaler, or 1,033
retailer of cigarettes or, other tobacco products, or any PAPERS 1,034
USED TO ROLL CIGARETTES, NO agent, employee, or representative of 1,035
a manufacturer, producer, distributor, wholesaler, or retailer of 1,036
25
cigarettes or, other tobacco products, OR PAPERS USED TO ROLL 1,038
CIGARETTES, AND NO OTHER PERSON shall do any of the following: 1,039
(1) Give, sell, or otherwise distribute cigarettes or, 1,041
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to any 1,042
person under eighteen years of age CHILD; 1,043
(2) Give away, sell, or distribute cigarettes or, other 1,045
tobacco products, OR PAPERS USED TO ROLL CIGARETTES in any place 1,046
that does not have posted in a conspicuous place a sign stating 1,048
that giving, selling, or otherwise distributing cigarettes or, 1,049
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to a 1,051
person under eighteen years of age is prohibited by law;
(3) KNOWINGLY FURNISH ANY FALSE INFORMATION REGARDING THE 1,053
NAME, AGE, OR OTHER IDENTIFICATION OF ANY CHILD WITH PURPOSE TO 1,055
OBTAIN CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 1,056
CIGARETTES FOR THAT CHILD.
(B)(C) No person shall sell or offer to sell cigarettes or 1,058
other tobacco products by or from a vending machine, except in 1,059
the following locations: 1,060
(1) An area either: 1,062
(a) Within WITHIN a factory, business, office, or other 1,064
place not open to the general public; or 1,066
(b) To (2) AN AREA TO which persons under the age of 1,069
eighteen years CHILDREN are not generally permitted access; 1,070
(2) In any (3) ANY other place not identified in division 1,073
(B)(C)(1) OR (2) of this section, upon all of the following 1,074
conditions:
(a) The vending machine is located within the immediate 1,076
vicinity, plain view, and control of the person who owns or 1,077
operates the place, or an employee of such THAT person, so that 1,078
all cigarettes and other tobacco product purchases from the 1,080
vending machine will be readily observed by the person who owns 1,081
or operates the place or an employee of such THAT person. For 1,082
the purpose of this section, a vending machine located in any 1,083
unmonitored area, including an unmonitored coatroom, restroom, 1,084
26
hallway, or outer waiting area, shall not be considered located 1,085
within the immediate vicinity, plain view, and control of the 1,086
person who owns or operates the place, or an employee of such 1,087
THAT person. 1,089
(b) The vending machine is inaccessible to the public when 1,091
the place is closed. 1,092
(C) As used in this section, "vending machine" has the 1,094
same meaning as "coin machine" as defined in section 2913.01 of 1,095
the Revised Code. 1,096
(D) THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO A CHARGE 1,099
UNDER DIVISION (B)(1) OF THIS SECTION: 1,100
(1) THE CHILD WAS ACCOMPANIED BY A PARENT, SPOUSE WHO IS 1,103
EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE CHILD. 1,104
(2) THE PERSON WHO GAVE, SOLD, OR DISTRIBUTED CIGARETTES, 1,106
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO A 1,107
CHILD UNDER DIVISION (B)(1) OF THIS SECTION IS A PARENT, SPOUSE 1,109
WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE 1,110
CHILD.
(E)(1) Whoever violates DIVISION (B)(1) OR (2) OR (C) OF 1,113
this section is guilty of illegal distribution of cigarettes or 1,114
other tobacco products, a misdemeanor of the fourth degree. If 1,115
the offender previously has been convicted of a violation of 1,116
DIVISION (B)(1) OR (2) OR (C) OF this section, then illegal 1,117
distribution of cigarettes or other tobacco products is a 1,118
misdemeanor of the third degree. 1,119
(2) WHOEVER VIOLATES DIVISION (B)(3) OF THIS SECTION IS 1,122
GUILTY OF PERMITTING CHILDREN TO USE CIGARETTES OR OTHER TOBACCO 1,123
PRODUCTS, A MISDEMEANOR OF THE FOURTH DEGREE. IF THE OFFENDER
PREVIOUSLY HAS BEEN CONVICTED OF A VIOLATION OF DIVISION (B)(3) 1,124
OF THIS SECTION, PERMITTING CHILDREN TO USE CIGARETTES OR OTHER 1,125
TOBACCO PRODUCTS IS A MISDEMEANOR OF THE THIRD DEGREE. 1,126
(F) ANY CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 1,129
TO ROLL CIGARETTES THAT ARE GIVEN, SOLD, OR OTHERWISE DISTRIBUTED 1,130
TO A CHILD IN VIOLATION OF THIS SECTION AND THAT ARE USED, 1,131
27
POSSESSED, PURCHASED, OR RECEIVED BY A CHILD IN VIOLATION OF 1,132
SECTION 2151.87 OF THE REVISED CODE ARE SUBJECT TO SEIZURE AND 1,134
FORFEITURE AS CONTRABAND UNDER SECTIONS 2933.42 AND 2933.43 OF 1,135
THE REVISED CODE. 1,136
Section 2. That existing sections 2151.02, 2151.022, 1,138
2151.23, 2151.27, 2151.28, 2151.35, and 2927.02 of the Revised 1,140
Code are hereby repealed.
Section 3. Except for the provisions set forth in division 1,142
(C) of section 2927.02 of the Revised Code, nothing in this act 1,143
shall be construed as limiting or affecting the powers of 1,144
townships or municipal corporations to regulate the purchase, 1,145
use, or sale of tobacco.
Section 4. Section 2151.23 of the Revised Code is 1,147
presented in this act as a composite of the section as amended by 1,148
both Sub. H.B. 583 and Am. Sub. S.B. 181 of the 123rd General 1,149
Assembly, with the new language of neither of the acts shown in 1,150
capital letters. This is in recognition of the principle stated 1,151
in division (B) of section 1.52 of the Revised Code that such 1,152
amendments are to be harmonized where not substantively 1,153
irreconcilable and constitutes a legislative finding that such is 1,154
the resulting version in effect prior to the effective date of 1,155
this act.