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
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(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