As Reported by the Senate Judiciary Committee            1            

123rd General Assembly                                             4            

   Regular Session                                   S. B. No. 51  5            

      1999-2000                                                    6            


     SENATORS KEARNS-CARNES-DRAKE-GARDNER-MUMPER-OELSLAGER-        8            

  WACHTMANN-WHITE-BRADY-FINGERHUT-CUPP-BLESSING-LATTA-HERINGTON    9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 2307.70 and 2927.11 of the Revised  13           

                Code to increase the penalties for desecration     14           

                that involves a place of worship or an object of   15           

                reverence or sacred devotion and to increase to    16           

                $15,000 the maximum compensatory  damages          17           

                recoverable from a minor's parent in a civil       18           

                action based  upon the minor's acts constituting   20           

                any form of desecration,  vandalism, or ethnic     21           

                intimidation.                                      22           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 2307.70 and 2927.11 of the         26           

Revised Code be amended to read as follows:                        27           

      Sec. 2307.70.  (A)  Any person who suffers injury or loss    36           

to person or property as a result of an act committed in           37           

violation of section 2909.05, 2927.11, or 2927.12 of the Revised   38           

Code has a civil action AGAINST THE OFFENDER and may recover in    39           

that action full COMPENSATORY damages, including, but not limited  41           

to, punitive damages and damages for emotional distress, the AND   42           

MAY RECOVER PUNITIVE OR EXEMPLARY DAMAGES, COURT COSTS, OTHER      44           

reasonable costs of EXPENSES INCURRED IN maintaining the civil     45           

THAT action, and THE reasonable attorney's fees INCURRED IN        46           

MAINTAINING THAT ACTION.                                                        

      (B)(1)  Any person who suffers injury or loss to person or   48           

property as a result of an act committed in violation of section   49           

2909.05, 2927.11, or 2927.12 of the Revised Code by an unmarried   50           

                                                          2      


                                                                 
A MINOR child under the age of eighteen has a civil action         52           

against the parents who have parental rights and responsibilities  54           

for the care of the child and are the residential parents and      55           

legal custodians PARENT of the MINOR child, and may recover in     57           

that action compensatory damages, NOT TO EXCEED FIFTEEN THOUSAND   58           

DOLLARS, COURT costs, OTHER REASONABLE EXPENSES INCURRED IN        59           

MAINTAINING THAT ACTION, and REASONABLE attorney's fees, which     60           

damages, costs, and fees in the aggregate shall not exceed five    61           

thousand dollars INCURRED IN MAINTAINING THAT ACTION.  The         62           

parents A PARENT and their THE PARENT'S MINOR child are jointly    63           

and severally liable for any damages AS SPECIFIED IN THIS          65           

DIVISION for THE injury or loss to person or property caused by    67           

the MINOR child's act committed in violation of section 2909.05,   68           

2927.11, or 2927.12 of the Revised Code.  If a person recovers     69           

COMPENSATORY damages from the parents of a PARENT OF A MINOR       70           

child pursuant to this division, that recovery does not preclude   71           

the person from maintaining a civil action against the MINOR       72           

child pursuant to division (A) of this section.                    73           

      (2)  AS USED IN DIVISION (B) OF THIS SECTION:                77           

      (a)  "MINOR CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN      80           

YEARS OF AGE AND WHO IS NOT MARRIED AT THE TIME OF THE COMMISSION  81           

OF AN ACT IN VIOLATION OF SECTION 2909.05, 2927.11, OR 2927.12 OF  82           

THE REVISED CODE THAT GIVES RISE TO A CIVIL ACTION UNDER DIVISION  85           

(B) OF THIS SECTION.                                               86           

      (b)  "PARENT" HAS THE SAME MEANING AS IN SECTION 3109.09 OF  89           

THE REVISED CODE.                                                  91           

      (C)  The monetary limitation upon compensatory damages set   93           

forth in section 3109.09 or 3109.10 of the Revised Code does not   94           

apply to a civil action brought pursuant to DIVISION (A) OR (B)    96           

OF this section.                                                                

      (D)  A CIVIL ACTION MAY BE MAINTAINED UNDER DIVISION (A) OR  99           

(B) OF THIS SECTION WHETHER OR NOT THE PERSON WHO COMMITTED AN     101          

ACT IN VIOLATION OF SECTION 2909.05, 2927.11, OR 2927.12 OF THE    103          

REVISED CODE HAS BEEN CHARGED BY AN INDICTMENT, INFORMATION, OR    105          

                                                          3      


                                                                 
COMPLAINT WITH A VIOLATION OF ANY OF THOSE SECTIONS, HAS BEEN      106          

CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF ANY OF THOSE      107          

SECTIONS, HAS BEEN CHARGED BY A COMPLAINT WITH BEING A DELINQUENT  108          

CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF ANY OF THOSE    109          

SECTIONS, OR HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR HAVING    110          

COMMITTED AN ACT OF THAT NATURE.                                   111          

      (E)  No record of conviction, unless obtained by confession  113          

in open court, OR DELINQUENT CHILD ADJUDICATION shall be used as   114          

evidence in a civil action brought pursuant to DIVISION (A) OR     116          

(B) OF this section.                                               117          

      Sec. 2927.11.  (A)  No person, without privilege to do so,   126          

shall purposely deface, damage, pollute, or otherwise physically   127          

mistreat any of the following:                                     128          

      (1)  The flag of the United States or of this state;         130          

      (2)  Any public monument;                                    132          

      (3)  Any historical or commemorative marker, or any          134          

structure, Indian mound or earthwork, cemetery, thing, or site of  135          

great historical or archaeological interest;                       136          

      (4)  A place of worship, its furnishings, or religious       138          

artifacts or sacred texts within the place of worship;             139          

      (5)  A work of art or museum piece;                          141          

      (6)  Any other object of reverence or sacred devotion.       143          

      (B)  Whoever violates this section is guilty of              145          

desecration.  Violation A VIOLATION of division (A)(1), (2), (3),  147          

OR (5), or (6) of this section is a misdemeanor of the second      148          

degree.  Violation EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,  149          

A VIOLATION of division (A)(4) OR (6) of this section is a         150          

misdemeanor FELONY of the first FIFTH degree that is punishable    152          

by a fine of up to four TWO thousand FIVE HUNDRED dollars in       153          

addition to the penalties specified for a misdemeanor FELONY of    155          

the first FIFTH degree in section 2929.21 SECTIONS 2929.13 TO      156          

2929.18 of the Revised Code.  IF THE VALUE OF THE PROPERTY OR THE  158          

AMOUNT OF PHYSICAL HARM INVOLVED IN A VIOLATION OF DIVISION        160          

(A)(4) OR (6) OF THIS SECTION IS FIVE THOUSAND DOLLARS OR MORE     161          

                                                          4      


                                                                 
BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, A VIOLATION OF EITHER  162          

OF THOSE DIVISIONS IS A FELONY OF THE FOURTH DEGREE.  IF THE       163          

VALUE OF THE PROPERTY OR THE AMOUNT OF PHYSICAL HARM INVOLVED IN   164          

A VIOLATION OF DIVISION (A)(4) OR (6) OF THIS SECTION IS ONE       166          

HUNDRED THOUSAND DOLLARS OR MORE, A VIOLATION OF EITHER OF THOSE   167          

DIVISIONS IS A FELONY OF THE THIRD DEGREE.                                      

      (C)  As used in this section, "cemetery" means any place of  169          

burial and includes burial sites that contain American Indian      172          

burial objects placed with or containing American Indian human     173          

remains.                                                                        

      Section 2.  That existing sections 2307.70 and 2927.11 of    175          

the Revised Code are hereby repealed.                              176