As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-REPRESENTATIVES AUSTRIA-TIBERI-BUEHRER- 10
DePIERO-FERDERBER-JONES-WILLAMOWSKI-LOGAN-PADGETT-TERWILLEGER- 11
ROBERTS-VERICH-O'BRIEN-MOTTLEY-BARRETT-BRITTON-GOODING-DISTEL- 12
AUSTRIA-PATTON-METELSKY-BENDER-OGG-PERZ-CATES-SALERNO-BARNES- 13
HOOPS-EVANS-PRINGLE-OLMAN-HAINES-FLANNERY-KRUPINSKI-MAIER- 14
SCHULER-CALVERT-HOLLISTER-VESPER-GRENDELL-BUCHY-FORD-CAREY- 15
HARRIS-METZGER-CORBIN-WINKLER-HOUSEHOLDER-TRAKAS-AMSTUTZ 16
_________________________________________________________________ 17
A B I L L
To amend sections 2307.70 and 2927.11 of the Revised 19
Code to increase the penalties for desecration 20
that involves a place of worship, to expand the 21
offense of desecration to include desecration of
religious artifacts or sacred texts within the 22
grounds upon which the place of worship is 23
located, and to increase to $15,000 the maximum 24
compensatory damages recoverable from a minor's 26
parent in a civil action based upon the minor's 27
acts constituting any form of desecration, 28
vandalism, or ethnic intimidation. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 2307.70 and 2927.11 of the 34
Revised Code be amended to read as follows: 35
Sec. 2307.70. (A) Any person who suffers injury or loss 44
to person or property as a result of an act committed in 45
violation of section 2909.05, 2927.11, or 2927.12 of the Revised 46
Code has a civil action AGAINST THE OFFENDER and may recover in 47
2
that action full COMPENSATORY damages, including, but not limited 49
to, punitive damages and damages for emotional distress, the AND 50
MAY RECOVER PUNITIVE OR EXEMPLARY DAMAGES, COURT COSTS, OTHER 52
reasonable costs of EXPENSES INCURRED IN maintaining the civil 53
THAT action, and THE reasonable attorney's fees INCURRED IN 54
MAINTAINING THAT ACTION.
(B)(1) Any person who suffers injury or loss to person or 56
property as a result of an act committed in violation of section 57
2909.05, 2927.11, or 2927.12 of the Revised Code by an unmarried 58
A MINOR child under the age of eighteen has a civil action 60
against the parents who have parental rights and responsibilities 62
for the care of the child and are the residential parents and 63
legal custodians PARENT of the MINOR child, and may recover in 65
that action compensatory damages, NOT TO EXCEED FIFTEEN THOUSAND 66
DOLLARS, COURT costs, OTHER REASONABLE EXPENSES INCURRED IN 67
MAINTAINING THAT ACTION, and REASONABLE attorney's fees, which 68
damages, costs, and fees in the aggregate shall not exceed five 69
thousand dollars INCURRED IN MAINTAINING THAT ACTION. The 70
parents A PARENT and their THE PARENT'S MINOR child are jointly 71
and severally liable for any damages AS SPECIFIED IN THIS 73
DIVISION for THE injury or loss to person or property caused by 75
the MINOR child's act committed in violation of section 2909.05, 76
2927.11, or 2927.12 of the Revised Code. If a person recovers 77
COMPENSATORY damages from the parents of a PARENT OF A MINOR 78
child pursuant to this division, that recovery does not preclude 79
the person from maintaining a civil action against the MINOR 80
child pursuant to division (A) of this section. 81
(2) AS USED IN DIVISION (B) OF THIS SECTION: 85
(a) "MINOR CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN 88
YEARS OF AGE AND WHO IS NOT MARRIED AT THE TIME OF THE COMMISSION 89
OF AN ACT IN VIOLATION OF SECTION 2909.05, 2927.11, OR 2927.12 OF 90
THE REVISED CODE THAT GIVES RISE TO A CIVIL ACTION UNDER DIVISION 93
(B) OF THIS SECTION. 94
(b) "PARENT" HAS THE SAME MEANING AS IN SECTION 3109.09 OF 97
3
THE REVISED CODE. 99
(C) The monetary limitation upon compensatory damages set 101
forth in section 3109.09 or 3109.10 of the Revised Code does not 102
apply to a civil action brought pursuant to DIVISION (A) OR (B) 104
OF this section.
(D) A CIVIL ACTION MAY BE MAINTAINED UNDER DIVISION (A) OR 107
(B) OF THIS SECTION WHETHER OR NOT THE PERSON WHO COMMITTED AN 109
ACT IN VIOLATION OF SECTION 2909.05, 2927.11, OR 2927.12 OF THE 111
REVISED CODE HAS BEEN CHARGED BY AN INDICTMENT, INFORMATION, OR 113
COMPLAINT WITH A VIOLATION OF ANY OF THOSE SECTIONS, HAS BEEN 114
CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF ANY OF THOSE 115
SECTIONS, HAS BEEN CHARGED BY A COMPLAINT WITH BEING A DELINQUENT 116
CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF ANY OF THOSE 117
SECTIONS, OR HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR HAVING 118
COMMITTED AN ACT OF THAT NATURE. 119
(E) No record of conviction, unless obtained by confession 121
in open court, OR DELINQUENT CHILD ADJUDICATION shall be used as 122
evidence in a civil action brought pursuant to DIVISION (A) OR 124
(B) OF this section. 125
Sec. 2927.11. (A) No person, without privilege to do so, 134
shall purposely deface, damage, pollute, or otherwise physically 135
mistreat any of the following: 136
(1) The flag of the United States or of this state; 138
(2) Any public monument; 140
(3) Any historical or commemorative marker, or any 142
structure, Indian mound or earthwork, cemetery, thing, or site of 143
great historical or archaeological interest; 144
(4) A place of worship, its furnishings, or religious 146
artifacts or sacred texts within the place of worship OR WITHIN 147
THE GROUNDS UPON WHICH THE PLACE OF WORSHIP IS LOCATED; 148
(5) A work of art or museum piece; 150
(6) Any other object of reverence or sacred devotion. 152
(B) Whoever violates this section is guilty of 154
desecration. Violation A VIOLATION of division (A)(1), (2), (3), 156
4
(5), or (6) of this section is a misdemeanor of the second 157
degree. Violation EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 158
A VIOLATION of division (A)(4) of this section is a misdemeanor 160
FELONY of the first FIFTH degree that is punishable by a fine of 161
up to four TWO thousand FIVE HUNDRED dollars in addition to the 162
penalties specified for a misdemeanor FELONY of the first FIFTH 164
degree in section 2929.21 SECTIONS 2929.13 TO 2929.18 of the 165
Revised Code. IF THE VALUE OF THE PROPERTY OR THE AMOUNT OF 167
PHYSICAL HARM INVOLVED IN A VIOLATION OF DIVISION (A)(4) OF THIS 169
SECTION IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE 170
HUNDRED THOUSAND DOLLARS, A VIOLATION OF THAT DIVISION IS A 171
FELONY OF THE FOURTH DEGREE. IF THE VALUE OF THE PROPERTY OR THE 173
AMOUNT OF PHYSICAL HARM INVOLVED IN A VIOLATION OF DIVISION 174
(A)(4) OF THIS SECTION IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A 175
VIOLATION OF THAT DIVISION IS A FELONY OF THE THIRD DEGREE. 177
(C) As used in this section, "cemetery" means any place of 179
burial and includes burial sites that contain American Indian 182
burial objects placed with or containing American Indian human 183
remains.
Section 2. That existing sections 2307.70 and 2927.11 of 185
the Revised Code are hereby repealed. 186