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