As Passed by the Senate                       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            

                    WATTS-SPADA-ESPY-DiDONATO                      10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 2307.70 and 2927.11 of the Revised  14           

                Code to increase the penalties for desecration     15           

                that involves a place of worship or an object of   16           

                reverence or sacred devotion and to increase to    17           

                $15,000 the maximum compensatory  damages          18           

                recoverable from a minor's parent in a civil       19           

                action based  upon the minor's acts constituting   21           

                any form of desecration,  vandalism, or ethnic     22           

                intimidation.                                      23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 2307.70 and 2927.11 of the         27           

Revised Code be amended to read as follows:                        28           

      Sec. 2307.70.  (A)  Any person who suffers injury or loss    37           

to person or property as a result of an act committed in           38           

violation of section 2909.05, 2927.11, or 2927.12 of the Revised   39           

Code has a civil action AGAINST THE OFFENDER and may recover in    40           

that action full COMPENSATORY damages, including, but not limited  42           

to, punitive damages and damages for emotional distress, the AND   43           

MAY RECOVER PUNITIVE OR EXEMPLARY DAMAGES, COURT COSTS, OTHER      45           

reasonable costs of EXPENSES INCURRED IN maintaining the civil     46           

THAT action, and THE reasonable attorney's fees INCURRED IN        47           

MAINTAINING THAT ACTION.                                                        

      (B)(1)  Any person who suffers injury or loss to person or   49           

property as a result of an act committed in violation of section   50           

                                                          2      


                                                                 
2909.05, 2927.11, or 2927.12 of the Revised Code by an unmarried   51           

A MINOR child under the age of eighteen has a civil action         53           

against the parents who have parental rights and responsibilities  55           

for the care of the child and are the residential parents and      56           

legal custodians PARENT of the MINOR child, and may recover in     58           

that action compensatory damages, NOT TO EXCEED FIFTEEN THOUSAND   59           

DOLLARS, COURT costs, OTHER REASONABLE EXPENSES INCURRED IN        60           

MAINTAINING THAT ACTION, and REASONABLE attorney's fees, which     61           

damages, costs, and fees in the aggregate shall not exceed five    62           

thousand dollars INCURRED IN MAINTAINING THAT ACTION.  The         63           

parents A PARENT and their THE PARENT'S MINOR child are jointly    64           

and severally liable for any damages AS SPECIFIED IN THIS          66           

DIVISION for THE injury or loss to person or property caused by    68           

the MINOR child's act committed in violation of section 2909.05,   69           

2927.11, or 2927.12 of the Revised Code.  If a person recovers     70           

COMPENSATORY damages from the parents of a PARENT OF A MINOR       71           

child pursuant to this division, that recovery does not preclude   72           

the person from maintaining a civil action against the MINOR       73           

child pursuant to division (A) of this section.                    74           

      (2)  AS USED IN DIVISION (B) OF THIS SECTION:                78           

      (a)  "MINOR CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN      81           

YEARS OF AGE AND WHO IS NOT MARRIED AT THE TIME OF THE COMMISSION  82           

OF AN ACT IN VIOLATION OF SECTION 2909.05, 2927.11, OR 2927.12 OF  83           

THE REVISED CODE THAT GIVES RISE TO A CIVIL ACTION UNDER DIVISION  86           

(B) OF THIS SECTION.                                               87           

      (b)  "PARENT" HAS THE SAME MEANING AS IN SECTION 3109.09 OF  90           

THE REVISED CODE.                                                  92           

      (C)  The monetary limitation upon compensatory damages set   94           

forth in section 3109.09 or 3109.10 of the Revised Code does not   95           

apply to a civil action brought pursuant to DIVISION (A) OR (B)    97           

OF this section.                                                                

      (D)  A CIVIL ACTION MAY BE MAINTAINED UNDER DIVISION (A) OR  100          

(B) OF THIS SECTION WHETHER OR NOT THE PERSON WHO COMMITTED AN     102          

ACT IN VIOLATION OF SECTION 2909.05, 2927.11, OR 2927.12 OF THE    104          

                                                          3      


                                                                 
REVISED CODE HAS BEEN CHARGED BY AN INDICTMENT, INFORMATION, OR    106          

COMPLAINT WITH A VIOLATION OF ANY OF THOSE SECTIONS, HAS BEEN      107          

CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF ANY OF THOSE      108          

SECTIONS, HAS BEEN CHARGED BY A COMPLAINT WITH BEING A DELINQUENT  109          

CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF ANY OF THOSE    110          

SECTIONS, OR HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR HAVING    111          

COMMITTED AN ACT OF THAT NATURE.                                   112          

      (E)  No record of conviction, unless obtained by confession  114          

in open court, OR DELINQUENT CHILD ADJUDICATION shall be used as   115          

evidence in a civil action brought pursuant to DIVISION (A) OR     117          

(B) OF this section.                                               118          

      Sec. 2927.11.  (A)  No person, without privilege to do so,   127          

shall purposely deface, damage, pollute, or otherwise physically   128          

mistreat any of the following:                                     129          

      (1)  The flag of the United States or of this state;         131          

      (2)  Any public monument;                                    133          

      (3)  Any historical or commemorative marker, or any          135          

structure, Indian mound or earthwork, cemetery, thing, or site of  136          

great historical or archaeological interest;                       137          

      (4)  A place of worship, its furnishings, or religious       139          

artifacts or sacred texts within the place of worship;             140          

      (5)  A work of art or museum piece;                          142          

      (6)  Any other object of reverence or sacred devotion.       144          

      (B)  Whoever violates this section is guilty of              146          

desecration.  Violation A VIOLATION of division (A)(1), (2), (3),  148          

OR (5), or (6) of this section is a misdemeanor of the second      149          

degree.  Violation EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,  150          

A VIOLATION of division (A)(4) OR (6) of this section is a         151          

misdemeanor FELONY of the first FIFTH degree that is punishable    153          

by a fine of up to four TWO thousand FIVE HUNDRED dollars in       154          

addition to the penalties specified for a misdemeanor FELONY of    156          

the first FIFTH degree in section 2929.21 SECTIONS 2929.13 TO      157          

2929.18 of the Revised Code.  IF THE VALUE OF THE PROPERTY OR THE  159          

AMOUNT OF PHYSICAL HARM INVOLVED IN A VIOLATION OF DIVISION        161          

                                                          4      


                                                                 
(A)(4) OR (6) OF THIS SECTION IS FIVE THOUSAND DOLLARS OR MORE     162          

BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, A VIOLATION OF EITHER  163          

OF THOSE DIVISIONS IS A FELONY OF THE FOURTH DEGREE.  IF THE       164          

VALUE OF THE PROPERTY OR THE AMOUNT OF PHYSICAL HARM INVOLVED IN   165          

A VIOLATION OF DIVISION (A)(4) OR (6) OF THIS SECTION IS ONE       167          

HUNDRED THOUSAND DOLLARS OR MORE, A VIOLATION OF EITHER OF THOSE   168          

DIVISIONS IS A FELONY OF THE THIRD DEGREE.                                      

      (C)  As used in this section, "cemetery" means any place of  170          

burial and includes burial sites that contain American Indian      173          

burial objects placed with or containing American Indian human     174          

remains.                                                                        

      Section 2.  That existing sections 2307.70 and 2927.11 of    176          

the Revised Code are hereby repealed.                              177