As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 58

Senators Jacobson, Stivers, Goodman, Armbruster, Harris, Carey, Brady, Fingerhut 

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A BILL

To amend section 2919.22 of the Revised Code to

1

expand the offense of endangering children to also

2

prohibit exposing children to an illegal

3

methamphetamine manufacturing laboratory and to

4

amend the version of section 2919.22 of the

5

Revised Code that is scheduled to take effect

6

January 1, 2004, to continue the provisions of

7

this act on and after that effective date.

8

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

Section 1. That section 2919.22 of the Revised Code be	9
amended to read as follows:	10

Sec. 2919.22.  (A) No person, who is the parent, guardian,	11
custodian, person having custody or control, or person in loco	12
parentis of a child under eighteen years of age or a mentally or	13
physically handicapped child under twenty-one years of age, shall	14
create a substantial risk to the health or safety of the child, by	15
violating a duty of care, protection, or support. It is not a	16
violation of a duty of care, protection, or support under this	17
division when the parent, guardian, custodian, or person having	18
custody or control of a child treats the physical or mental	19
illness or defect of the child by spiritual means through prayer	20
alone, in accordance with the tenets of a recognized religious	21
body.	22

(B) No person shall do any of the following to a child under	23
eighteen years of age or a mentally or physically handicapped	24
child under twenty-one years of age:	25

(1) Abuse the child;

26

(2) Torture or cruelly abuse the child;

27

(3) Administer corporal punishment or other physical	28
disciplinary measure, or physically restrain the child in a cruel	29
manner or for a prolonged period, which punishment, discipline, or	30
restraint is excessive under the circumstances and creates a	31
substantial risk of serious physical harm to the child;	32

(4) Repeatedly administer unwarranted disciplinary measures	33
to the child, when there is a substantial risk that such conduct,	34
if continued, will seriously impair or retard the child's mental	35
health or development;	36

(5) Entice, coerce, permit, encourage, compel, hire, employ,	37
use, or allow the child to act, model, or in any other way	38
participate in, or be photographed for, the production,	39
presentation, dissemination, or advertisement of any material or	40
performance that the offender knows or reasonably should know is	41
obscene, is sexually oriented matter, or is nudity-oriented	42
matter;	43

(6) Allow the child to be in the vicinity of an illegal	44
methamphetamine manufacturing laboratory.	45

(C)(1) No person shall operate a vehicle, streetcar, or	46
trackless trolley within this state in violation of division (A)	47
of section 4511.19 of the Revised Code when one or more children	48
under eighteen years of age are in the vehicle, streetcar, or	49
trackless trolley. Notwithstanding any other provision of law, a	50
person may be convicted at the same trial or proceeding of a	51
violation of this division and a violation of division (A) of	52
section 4511.19 of the Revised Code that constitutes the basis of	53
the charge of the violation of this division. For purposes of	54
section 4511.191 of the Revised Code and all related provisions of	55
law, a person arrested for a violation of this division shall be	56
considered to be under arrest for operating a vehicle while under	57
the influence of alcohol, a drug of abuse, or alcohol and a drug	58
of abuse or for operating a vehicle with a prohibited	59
concentration of alcohol in the blood, breath, or urine.	60

(2) As used in division (C)(1) of this section, "vehicle,"	61
"streetcar," and "trackless trolley" have the same meanings as in	62
section 4511.01 of the Revised Code.	63

(D)(1) Division (B)(5) of this section does not apply to any	64
material or performance that is produced, presented, or	65
disseminated for a bona fide medical, scientific, educational,	66
religious, governmental, judicial, or other proper purpose, by or	67
to a physician, psychologist, sociologist, scientist, teacher,	68
person pursuing bona fide studies or research, librarian, member	69
of the clergy, prosecutor, judge, or other person having a proper	70
interest in the material or performance.	71

(2) Mistake of age is not a defense to a charge under	72
division (B)(5) of this section.	73

(3) In a prosecution under division (B)(5) of this section,	74
the trier of fact may infer that an actor, model, or participant	75
in the material or performance involved is a juvenile if the	76
material or performance, through its title, text, visual	77
representation, or otherwise, represents or depicts the actor,	78
model, or participant as a juvenile.	79

(4) As used in this division and division (B)(5) of this	80
section:	81

(a) "Material," "performance," "obscene," and "sexual	82
activity" have the same meanings as in section 2907.01 of the	83
Revised Code.	84

(b) "Nudity-oriented matter" means any material or	85
performance that shows a minor in a state of nudity and that,	86
taken as a whole by the average person applying contemporary	87
community standards, appeals to prurient interest.	88

(c) "Sexually oriented matter" means any material or	89
performance that shows a minor participating or engaging in sexual	90
activity, masturbation, or bestiality.	91

(E)(1) Whoever violates this section is guilty of endangering	92
children.	93

(2) If the offender violates division (A) or, (B)(1), or	94
(B)(6) of this section, endangering children is one of the	95
following:	96

(a) Except as otherwise provided in division (E)(2)(b), (c),	97
or (d) of this section, a misdemeanor of the first degree;	98

(b) If the offender previously has been convicted of an	99
offense under this section or of any offense involving neglect,	100
abandonment, contributing to the delinquency of, or physical abuse	101
of a child, except as otherwise provided in division (E)(2)(c) or	102
(d) of this section, a felony of the fourth degree;	103

(c) If the violation is a violation of division (A) or (B)(6)	104
of this section and results in serious physical harm to the child	105
involved, a felony of the third degree;	106

(d) If the violation is a violation of division (B)(1) of	107
this section and results in serious physical harm to the child	108
involved, a felony of the second degree.	109

(3) If the offender violates division (B)(2), (3), or (4) of	110
this section, except as otherwise provided in this division,	111
endangering children is a felony of the third degree. If the	112
violation results in serious physical harm to the child involved,	113
or if the offender previously has been convicted of an offense	114
under this section or of any offense involving neglect,	115
abandonment, contributing to the delinquency of, or physical abuse	116
of a child, endangering children is a felony of the second degree.	117

(4) If the offender violates division (B)(5) of this section,	118
endangering children is a felony of the second degree.	119

(5) If the offender violates division (C) of this section,	120
the offender shall be punished as follows:	121

(a) Except as otherwise provided in division (E)(5)(b) or (c)	122
of this section, endangering children in violation of division (C)	123
of this section is a misdemeanor of the first degree.	124

(b) If the violation results in serious physical harm to the	125
child involved or the offender previously has been convicted of an	126
offense under this section or any offense involving neglect,	127
abandonment, contributing to the delinquency of, or physical abuse	128
of a child, except as otherwise provided in division (E)(5)(c) of	129
this section, endangering children in violation of division (C) of	130
this section is a felony of the fifth degree.	131

(c) If the violation results in serious physical harm to the	132
child involved and if the offender previously has been convicted	133
of a violation of division (C) of this section, section 2903.06 or	134
2903.08 of the Revised Code, section 2903.07 of the Revised Code	135
as it existed prior to March 23, 2000, or section 2903.04 of the	136
Revised Code in a case in which the offender was subject to the	137
sanctions described in division (D) of that section, endangering	138
children in violation of division (C) of this section is a felony	139
of the fourth degree.	140

(d) In addition to any term of imprisonment, fine, or other	141
sentence, penalty, or sanction it imposes upon the offender	142
pursuant to division (E)(5)(a), (b), or (c) of this section or	143
pursuant to any other provision of law, the court also may impose	144
upon the offender one or both of the following sanctions:	145

(i) It may require the offender, as part of the offender's	146
sentence and in the manner described in division (F) of this	147
section, to perform not more than two hundred hours of supervised	148
community service work under the authority of any agency,	149
political subdivision, or charitable organization of the type	150
described in division (F)(1) of section 2951.02 of the Revised	151
Code, provided that the court shall not require the offender to	152
perform supervised community service work under this division	153
unless the offender agrees to perform the supervised community	154
service work.	155

(ii) It may suspend the driver's or commercial driver's	156
license or permit or nonresident operating privilege of the	157
offender for up to ninety days, in addition to any suspension or	158
revocation of the offender's driver's or commercial driver's	159
license or permit or nonresident operating privilege under Chapter	160
4506., 4507., 4509., or 4511. of the Revised Code or under any	161
other provision of law.	162

(e) In addition to any term of imprisonment, fine, or other	163
sentence, penalty, or sanction imposed upon the offender pursuant	164
to division (E)(5)(a), (b), (c), or (d) of this section or	165
pursuant to any other provision of law for the violation of	166
division (C) of this section, if as part of the same trial or	167
proceeding the offender also is convicted of or pleads guilty to a	168
separate charge charging the violation of division (A) of section	169
4511.19 of the Revised Code that was the basis of the charge of	170
the violation of division (C) of this section, the offender also	171
shall be sentenced, in accordance with section 4511.99 of the	172
Revised Code, for that violation of division (A) of section	173
4511.19 of the Revised Code and also shall be subject to all other	174
sanctions that are required or authorized by any provision of law	175
for that violation of division (A) of section 4511.19 of the	176
Revised Code.	177

(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of	178
this section, requires an offender to perform supervised community	179
service work under the authority of an agency, subdivision, or	180
charitable organization, the requirement shall be part of the	181
community control sanction or sentence of the offender, and the	182
court shall impose the community service in accordance with and	183
subject to divisions (F)(1)(a) and (b) of this section. The court	184
may require an offender whom it requires to perform supervised	185
community service work as part of the offender's community control	186
sanction or sentence to pay the court a reasonable fee to cover	187
the costs of the offender's participation in the work, including,	188
but not limited to, the costs of procuring a policy or policies of	189
liability insurance to cover the period during which the offender	190
will perform the work. If the court requires the offender to	191
perform supervised community service work as part of the	192
offender's community control sanction or sentence, the court shall	193
do so in accordance with the following limitations and criteria:	194

(i) The court shall require that the community service work	195
be performed after completion of the term of imprisonment imposed	196
upon the offender for the violation of division (C) of this	197
section, if applicable.	198

(ii) The supervised community service work shall be subject	199
to the limitations set forth in divisions (F)(1)(a) to (c) of	200
section 2951.02 of the Revised Code.	201

(iii) The community service work shall be supervised in the	202
manner described in division (F)(1)(d) of section 2951.02 of the	203
Revised Code by an official or person with the qualifications	204
described in that division. The official or person periodically	205
shall report in writing to the court concerning the conduct of the	206
offender in performing the work.	207

(iv) The court shall inform the offender in writing that if	208
the offender does not adequately perform, as determined by the	209
court, all of the required community service work, the court may	210
order that the offender be committed to a jail or workhouse for a	211
period of time that does not exceed the term of imprisonment that	212
the court could have imposed upon the offender for the violation	213
of division (C) of this section, reduced by the total amount of	214
time that the offender actually was imprisoned under the sentence	215
or term that was imposed upon the offender for that violation and	216
by the total amount of time that the offender was confined for any	217
reason arising out of the offense for which the offender was	218
convicted and sentenced as described in sections 2949.08 and	219
2967.191 of the Revised Code, and that, if the court orders that	220
the offender be so committed, the court is authorized, but not	221
required, to grant the offender credit upon the period of the	222
commitment for the community service work that the offender	223
adequately performed.	224

(b) If a court, pursuant to this division and division	225
(E)(5)(d)(i) of this section, orders an offender to perform	226
community service work as part of the offender's community control	227
sanction or sentence and if the offender does not adequately	228
perform all of the required community service work, as determined	229
by the court, the court may order that the offender be committed	230
to a jail or workhouse for a period of time that does not exceed	231
the term of imprisonment that the court could have imposed upon	232
the offender for the violation of division (C) of this section,	233
reduced by the total amount of time that the offender actually was	234
imprisoned under the sentence or term that was imposed upon the	235
offender for that violation and by the total amount of time that	236
the offender was confined for any reason arising out of the	237
offense for which the offender was convicted and sentenced as	238
described in sections 2949.08 and 2967.191 of the Revised Code.	239
The court may order that a person committed pursuant to this	240
division shall receive hour-for-hour credit upon the period of the	241
commitment for the community service work that the offender	242
adequately performed. No commitment pursuant to this division	243
shall exceed the period of the term of imprisonment that the	244
sentencing court could have imposed upon the offender for the	245
violation of division (C) of this section, reduced by the total	246
amount of time that the offender actually was imprisoned under	247
that sentence or term and by the total amount of time that the	248
offender was confined for any reason arising out of the offense	249
for which the offender was convicted and sentenced as described in	250
sections 2949.08 and 2967.191 of the Revised Code.	251

(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do not	252
limit or affect the authority of the court to suspend the sentence	253
imposed upon a misdemeanor offender and place the offender on	254
probation or otherwise suspend the sentence pursuant to sections	255
2929.51 and 2951.02 of the Revised Code, to require the	256
misdemeanor offender, as a condition of the offender's probation	257
or of otherwise suspending the offender's sentence, to perform	258
supervised community service work in accordance with division (F)	259
of section 2951.02 of the Revised Code, or to place a felony	260
offender under a community control sanction.	261

(G)(1) If a court suspends an offender's driver's or	262
commercial driver's license or permit or nonresident operating	263
privilege under division (E)(5)(d)(ii) of this section, the period	264
of the suspension shall be consecutive to, and commence after, the	265
period of suspension or revocation of the offender's driver's or	266
commercial driver's license or permit or nonresident operating	267
privilege that is imposed under Chapter 4506., 4507., 4509., or	268
4511. of the Revised Code or under any other provision of law in	269
relation to the violation of division (C) of this section that is	270
the basis of the suspension under division (E)(5)(d)(ii) of this	271
section or in relation to the violation of division (A) of section	272
4511.19 of the Revised Code that is the basis for that violation	273
of division (C) of this section.	274

(2) An offender is not entitled to request, and the court	275
shall not grant to the offender, occupational driving privileges	276
under division (G) of this section if the offender's license,	277
permit, or privilege has been suspended under division	278
(E)(5)(d)(ii) of this section and the offender, within the	279
preceding seven years, has been convicted of or pleaded guilty to	280
three or more violations of one or more of the following:	281

(a) Division (C) of this section;

282

(b) Division (A) or (B) of section 4511.19 of the Revised	283
Code;	284

(c) A municipal ordinance relating to operating a vehicle	285
while under the influence of alcohol, a drug of abuse, or alcohol	286
and a drug of abuse;	287

(d) A municipal ordinance relating to operating a vehicle	288
with a prohibited concentration of alcohol in the blood, breath,	289
or urine;	290

(e) Section 2903.04 of the Revised Code in a case in which	291
the offender was subject to the sanctions described in division	292
(D) of that section;	293

(f) Division (A)(1) of section 2903.06 or division (A)(1) of	294
section 2903.08 of the Revised Code or a municipal ordinance that	295
is substantially similar to either of those divisions;	296

(g) Division (A)(2), (3), or (4) of section 2903.06, division	297
(A)(2) of section 2903.08, or former section 2903.07 of the	298
Revised Code, or a municipal ordinance that is substantially	299
similar to any of those divisions or that former section, in a	300
case in which the jury or judge found that the offender was under	301
the influence of alcohol, a drug of abuse, or alcohol and a drug	302
of abuse;	303

(h) A statute of the United States or of any other state or a	304
municipal ordinance of a municipal corporation located in any	305
other state that is substantially similar to division (A) or (B)	306
of section 4511.19 of the Revised Code.	307

(3) Any other offender who is not described in division	308
(G)(2) of this section and whose license, permit, or nonresident	309
operating privilege has been suspended under division	310
(E)(5)(d)(ii) of this section may file with the sentencing court a	311
petition alleging that the suspension would seriously affect the	312
offender's ability to continue employment. Upon satisfactory proof	313
that there is reasonable cause to believe that the suspension	314
would seriously affect the offender's ability to continue	315
employment, the court may grant the offender occupational driving	316
privileges during the period during which the suspension otherwise	317
would be imposed, except that the court shall not grant	318
occupational driving privileges for employment as a driver of	319
commercial motor vehicles to any person who is disqualified from	320
operating a commercial motor vehicle under section 3123.611 or	321
4506.16 of the Revised Code or whose commercial driver's license	322
or commercial driver's temporary instruction permit has been	323
suspended under section 3123.58 of the Revised Code.	324

(H)(1) If a person violates division (C) of this section and	325
if, at the time of the violation, there were two or more children	326
under eighteen years of age in the motor vehicle involved in the	327
violation, the offender may be convicted of a violation of	328
division (C) of this section for each of the children, but the	329
court may sentence the offender for only one of the violations.	330

(2)(a) If a person is convicted of or pleads guilty to a	331
violation of division (C) of this section but the person is not	332
also convicted of and does not also plead guilty to a separate	333
charge charging the violation of division (A) of section 4511.19	334
of the Revised Code that was the basis of the charge of the	335
violation of division (C) of this section, both of the following	336
apply:	337

(i) For purposes of the provisions of section 4511.99 of the	338
Revised Code that set forth the penalties and sanctions for a	339
violation of division (A) of section 4511.19 of the Revised Code,	340
the conviction of or plea of guilty to the violation of division	341
(C) of this section shall not constitute a violation of division	342
(A) of section 4511.19 of the Revised Code;	343

(ii) For purposes of any provision of law that refers to a	344
conviction of or plea of guilty to a violation of division (A) of	345
section 4511.19 of the Revised Code and that is not described in	346
division (H)(2)(a)(i) of this section, the conviction of or plea	347
of guilty to the violation of division (C) of this section shall	348
constitute a conviction of or plea of guilty to a violation of	349
division (A) of section 4511.19 of the Revised Code.	350

(b) If a person is convicted of or pleads guilty to a	351
violation of division (C) of this section and the person also is	352
convicted of or pleads guilty to a separate charge charging the	353
violation of division (A) of section 4511.19 of the Revised Code	354
that was the basis of the charge of the violation of division (C)	355
of this section, the conviction of or plea of guilty to the	356
violation of division (C) of this section shall not constitute,	357
for purposes of any provision of law that refers to a conviction	358
of or plea of guilty to a violation of division (A) of section	359
4511.19 of the Revised Code, a conviction of or plea of guilty to	360
a violation of division (A) of section 4511.19 of the Revised	361
Code.	362

(I) As used in this section, "community:

363

(1) "Community control sanction" has the same meaning as in	364
section 2929.01 of the Revised Code.	365

(2) "In the vicinity of an illegal methamphetamine	366
manufacturing laboratory" means within the building in which the	367
laboratory is located, within one hundred feet of the laboratory,	368
or within any location from which the laboratory can be seen.	369

Section 2. That existing section 2919.22 of the Revised Code	370
is hereby repealed.	371

Section 3. That the version of section 2919.22 of the Revised	372
Code that is scheduled to take effect January 1, 2004, be amended	373
to read as follows:	374

Sec. 2919.22.  (A) No person, who is the parent, guardian,	375
custodian, person having custody or control, or person in loco	376
parentis of a child under eighteen years of age or a mentally or	377
physically handicapped child under twenty-one years of age, shall	378
create a substantial risk to the health or safety of the child, by	379
violating a duty of care, protection, or support. It is not a	380
violation of a duty of care, protection, or support under this	381
division when the parent, guardian, custodian, or person having	382
custody or control of a child treats the physical or mental	383
illness or defect of the child by spiritual means through prayer	384
alone, in accordance with the tenets of a recognized religious	385
body.	386

(B) No person shall do any of the following to a child under	387
eighteen years of age or a mentally or physically handicapped	388
child under twenty-one years of age:	389

(1) Abuse the child;

390

(2) Torture or cruelly abuse the child;

391

(3) Administer corporal punishment or other physical	392
disciplinary measure, or physically restrain the child in a cruel	393
manner or for a prolonged period, which punishment, discipline, or	394
restraint is excessive under the circumstances and creates a	395
substantial risk of serious physical harm to the child;	396

(4) Repeatedly administer unwarranted disciplinary measures	397
to the child, when there is a substantial risk that such conduct,	398
if continued, will seriously impair or retard the child's mental	399
health or development;	400

(5) Entice, coerce, permit, encourage, compel, hire, employ,	401
use, or allow the child to act, model, or in any other way	402
participate in, or be photographed for, the production,	403
presentation, dissemination, or advertisement of any material or	404
performance that the offender knows or reasonably should know is	405
obscene, is sexually oriented matter, or is nudity-oriented	406
matter;	407

(6) Allow the child to be in the vicinity of an illegal	408
methamphetamine manufacturing laboratory.	409

(C)(1) No person shall operate a vehicle, streetcar, or	410
trackless trolley within this state in violation of division (A)	411
of section 4511.19 of the Revised Code when one or more children	412
under eighteen years of age are in the vehicle, streetcar, or	413
trackless trolley. Notwithstanding any other provision of law, a	414
person may be convicted at the same trial or proceeding of a	415
violation of this division and a violation of division (A) of	416
section 4511.19 of the Revised Code that constitutes the basis of	417
the charge of the violation of this division. For purposes of	418
sections 4511.191 to 4511.197 of the Revised Code and all related	419
provisions of law, a person arrested for a violation of this	420
division shall be considered to be under arrest for operating a	421
vehicle while under the influence of alcohol, a drug of abuse, or	422
a combination of them or for operating a vehicle with a prohibited	423
concentration of alcohol in the whole blood, blood serum or	424
plasma, breath, or urine.	425

(2) As used in division (C)(1) of this section, "vehicle,"	426
"streetcar," and "trackless trolley" have the same meanings as in	427
section 4511.01 of the Revised Code.	428

(D)(1) Division (B)(5) of this section does not apply to any	429
material or performance that is produced, presented, or	430
disseminated for a bona fide medical, scientific, educational,	431
religious, governmental, judicial, or other proper purpose, by or	432
to a physician, psychologist, sociologist, scientist, teacher,	433
person pursuing bona fide studies or research, librarian, member	434
of the clergy, prosecutor, judge, or other person having a proper	435
interest in the material or performance.	436

(2) Mistake of age is not a defense to a charge under	437
division (B)(5) of this section.	438

(3) In a prosecution under division (B)(5) of this section,	439
the trier of fact may infer that an actor, model, or participant	440
in the material or performance involved is a juvenile if the	441
material or performance, through its title, text, visual	442
representation, or otherwise, represents or depicts the actor,	443
model, or participant as a juvenile.	444

(4) As used in this division and division (B)(5) of this	445
section:	446

(a) "Material," "performance," "obscene," and "sexual	447
activity" have the same meanings as in section 2907.01 of the	448
Revised Code.	449

(b) "Nudity-oriented matter" means any material or	450
performance that shows a minor in a state of nudity and that,	451
taken as a whole by the average person applying contemporary	452
community standards, appeals to prurient interest.	453

(c) "Sexually oriented matter" means any material or	454
performance that shows a minor participating or engaging in sexual	455
activity, masturbation, or bestiality.	456

(E)(1) Whoever violates this section is guilty of endangering	457
children.	458

(2) If the offender violates division (A) or, (B)(1), or	459
(B)(6) of this section, endangering children is one of the	460
following:	461

(a) Except as otherwise provided in division (E)(2)(b), (c),	462
or (d) of this section, a misdemeanor of the first degree;	463

(b) If the offender previously has been convicted of an	464
offense under this section or of any offense involving neglect,	465
abandonment, contributing to the delinquency of, or physical abuse	466
of a child, except as otherwise provided in division (E)(2)(c) or	467
(d) of this section, a felony of the fourth degree;	468

(c) If the violation is a violation of division (A) or (B)(6)	469
of this section and results in serious physical harm to the child	470
involved, a felony of the third degree;	471

(d) If the violation is a violation of division (B)(1) of	472
this section and results in serious physical harm to the child	473
involved, a felony of the second degree.	474

(3) If the offender violates division (B)(2), (3), or (4) of	475
this section, except as otherwise provided in this division,	476
endangering children is a felony of the third degree. If the	477
violation results in serious physical harm to the child involved,	478
or if the offender previously has been convicted of an offense	479
under this section or of any offense involving neglect,	480
abandonment, contributing to the delinquency of, or physical abuse	481
of a child, endangering children is a felony of the second degree.	482

(4) If the offender violates division (B)(5) of this section,	483
endangering children is a felony of the second degree.	484

(5) If the offender violates division (C) of this section,	485
the offender shall be punished as follows:	486

(a) Except as otherwise provided in division (E)(5)(b) or (c)	487
of this section, endangering children in violation of division (C)	488
of this section is a misdemeanor of the first degree.	489

(b) If the violation results in serious physical harm to the	490
child involved or the offender previously has been convicted of an	491
offense under this section or any offense involving neglect,	492
abandonment, contributing to the delinquency of, or physical abuse	493
of a child, except as otherwise provided in division (E)(5)(c) of	494
this section, endangering children in violation of division (C) of	495
this section is a felony of the fifth degree.	496

(c) If the violation results in serious physical harm to the	497
child involved and if the offender previously has been convicted	498
of a violation of division (C) of this section, section 2903.06 or	499
2903.08 of the Revised Code, section 2903.07 of the Revised Code	500
as it existed prior to March 23, 2000, or section 2903.04 of the	501
Revised Code in a case in which the offender was subject to the	502
sanctions described in division (D) of that section, endangering	503
children in violation of division (C) of this section is a felony	504
of the fourth degree.	505

(d) In addition to any term of imprisonment, fine, or other	506
sentence, penalty, or sanction it imposes upon the offender	507
pursuant to division (E)(5)(a), (b), or (c) of this section or	508
pursuant to any other provision of law and in addition to any	509
suspension of the offender's driver's or commercial driver's	510
license or permit or nonresident operating privilege under Chapter	511
4506., 4509., 4510., or 4511. of the Revised Code or under any	512
other provision of law, the court also may impose upon the	513
offender a class seven suspension of the offender's driver's or	514
commercial driver's license or permit or nonresident operating	515
privilege from the range specified in division (A)(7) of section	516
4510.02 of the Revised Code.	517

(e) In addition to any term of imprisonment, fine, or other	518
sentence, penalty, or sanction imposed upon the offender pursuant	519
to division (E)(5)(a), (b), (c), or (d) of this section or	520
pursuant to any other provision of law for the violation of	521
division (C) of this section, if as part of the same trial or	522
proceeding the offender also is convicted of or pleads guilty to a	523
separate charge charging the violation of division (A) of section	524
4511.19 of the Revised Code that was the basis of the charge of	525
the violation of division (C) of this section, the offender also	526
shall be sentenced in accordance with section 4511.19 of the	527
Revised Code for that violation of division (A) of section 4511.19	528
of the Revised Code.	529

(F)(1)(a) A court may require an offender to perform not more	530
than two hundred hours of supervised community service work under	531
the authority of an agency, subdivision, or charitable	532
organization, if the offender agrees to perform the supervised	533
community service work. The requirement shall be part of the	534
community control sanction or sentence of the offender, and the	535
court shall impose the community service in accordance with and	536
subject to divisions (F)(1)(a) and (b) of this section. The court	537
may require an offender whom it requires to perform supervised	538
community service work as part of the offender's community control	539
sanction or sentence to pay the court a reasonable fee to cover	540
the costs of the offender's participation in the work, including,	541
but not limited to, the costs of procuring a policy or policies of	542
liability insurance to cover the period during which the offender	543
will perform the work. If the court requires the offender to	544
perform supervised community service work as part of the	545
offender's community control sanction or sentence, the court shall	546
do so in accordance with the following limitations and criteria:	547

(i) The court shall require that the community service work	548
be performed after completion of the term of imprisonment imposed	549
upon the offender for the violation of division (C) of this	550
section, if applicable.	551

(ii) The supervised community service work shall be subject	552
to the limitations set forth in divisions (F)(1)(a) to (c) of	553
section 2951.02 of the Revised Code.	554

(iii) The community service work shall be supervised in the	555
manner described in division (F)(1)(d) of section 2951.02 of the	556
Revised Code by an official or person with the qualifications	557
described in that division. The official or person periodically	558
shall report in writing to the court concerning the conduct of the	559
offender in performing the work.	560

(iv) The court shall inform the offender in writing that if	561
the offender does not adequately perform, as determined by the	562
court, all of the required community service work, the court may	563
order that the offender be committed to a jail or workhouse for a	564
period of time that does not exceed the term of imprisonment that	565
the court could have imposed upon the offender for the violation	566
of division (C) of this section, reduced by the total amount of	567
time that the offender actually was imprisoned under the sentence	568
or term that was imposed upon the offender for that violation and	569
by the total amount of time that the offender was confined for any	570
reason arising out of the offense for which the offender was	571
convicted and sentenced as described in sections 2949.08 and	572
2967.191 of the Revised Code, and that, if the court orders that	573
the offender be so committed, the court is authorized, but not	574
required, to grant the offender credit upon the period of the	575
commitment for the community service work that the offender	576
adequately performed.	577

(b) If a court, pursuant to division (F)(1)(a) of this	578
section, orders an offender to perform community service work as	579
part of the offender's community control sanction or sentence and	580
if the offender does not adequately perform all of the required	581
community service work, as determined by the court, the court may	582
order that the offender be committed to a jail or workhouse for a	583
period of time that does not exceed the term of imprisonment that	584
the court could have imposed upon the offender for the violation	585
of division (C) of this section, reduced by the total amount of	586
time that the offender actually was imprisoned under the sentence	587
or term that was imposed upon the offender for that violation and	588
by the total amount of time that the offender was confined for any	589
reason arising out of the offense for which the offender was	590
convicted and sentenced as described in sections 2949.08 and	591
2967.191 of the Revised Code. The court may order that a person	592
committed pursuant to this division shall receive hour-for-hour	593
credit upon the period of the commitment for the community service	594
work that the offender adequately performed. No commitment	595
pursuant to this division shall exceed the period of the term of	596
imprisonment that the sentencing court could have imposed upon the	597
offender for the violation of division (C) of this section,	598
reduced by the total amount of time that the offender actually was	599
imprisoned under that sentence or term and by the total amount of	600
time that the offender was confined for any reason arising out of	601
the offense for which the offender was convicted and sentenced as	602
described in sections 2949.08 and 2967.191 of the Revised Code.	603

(2) Division (F)(1) of this section does not limit or affect	604
the authority of the court to suspend the sentence imposed upon a	605
misdemeanor offender and place the offender on probation or	606
otherwise suspend the sentence pursuant to sections 2929.51 and	607
2951.02 of the Revised Code, to require the misdemeanor offender,	608
as a condition of the offender's probation or of otherwise	609
suspending the offender's sentence, to perform supervised	610
community service work in accordance with division (F) of section	611
2951.02 of the Revised Code, or to place a felony offender under a	612
community control sanction.	613

(G)(1) If a court suspends an offender's driver's or	614
commercial driver's license or permit or nonresident operating	615
privilege under division (E)(5)(d) of this section, the period of	616
the suspension shall be consecutive to, and commence after, the	617
period of suspension of the offender's driver's or commercial	618
driver's license or permit or nonresident operating privilege that	619
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	620
Revised Code or under any other provision of law in relation to	621
the violation of division (C) of this section that is the basis of	622
the suspension under division (E)(5)(d) of this section or in	623
relation to the violation of division (A) of section 4511.19 of	624
the Revised Code that is the basis for that violation of division	625
(C) of this section.	626

(2) An offender is not entitled to request, and the court	627
shall not grant to the offender, limited driving privileges if the	628
offender's license, permit, or privilege has been suspended under	629
division (E)(5)(d) of this section and the offender, within the	630
preceding six years, has been convicted of or pleaded guilty to	631
three or more violations of one or more of the following:	632

(a) Division (C) of this section;

633

(b) Any equivalent offense, as defined in section 4511.181 of	634
the Revised Code.	635

(H)(1) If a person violates division (C) of this section and	636
if, at the time of the violation, there were two or more children	637
under eighteen years of age in the motor vehicle involved in the	638
violation, the offender may be convicted of a violation of	639
division (C) of this section for each of the children, but the	640
court may sentence the offender for only one of the violations.	641

(2)(a) If a person is convicted of or pleads guilty to a	642
violation of division (C) of this section but the person is not	643
also convicted of and does not also plead guilty to a separate	644
charge charging the violation of division (A) of section 4511.19	645
of the Revised Code that was the basis of the charge of the	646
violation of division (C) of this section, both of the following	647
apply:	648

(i) For purposes of the provisions of section 4511.19 of the	649
Revised Code that set forth the penalties and sanctions for a	650
violation of division (A) of section 4511.19 of the Revised Code,	651
the conviction of or plea of guilty to the violation of division	652
(C) of this section shall not constitute a violation of division	653
(A) of section 4511.19 of the Revised Code;	654

(ii) For purposes of any provision of law that refers to a	655
conviction of or plea of guilty to a violation of division (A) of	656
section 4511.19 of the Revised Code and that is not described in	657
division (H)(2)(a)(i) of this section, the conviction of or plea	658
of guilty to the violation of division (C) of this section shall	659
constitute a conviction of or plea of guilty to a violation of	660
division (A) of section 4511.19 of the Revised Code.	661

(b) If a person is convicted of or pleads guilty to a	662
violation of division (C) of this section and the person also is	663
convicted of or pleads guilty to a separate charge charging the	664
violation of division (A) of section 4511.19 of the Revised Code	665
that was the basis of the charge of the violation of division (C)	666
of this section, the conviction of or plea of guilty to the	667
violation of division (C) of this section shall not constitute,	668
for purposes of any provision of law that refers to a conviction	669
of or plea of guilty to a violation of division (A) of section	670
4511.19 of the Revised Code, a conviction of or plea of guilty to	671
a violation of division (A) of section 4511.19 of the Revised	672
Code.	673

(I) As used in this section:

674

(1) "Community control sanction" has the same meaning as in	675
section 2929.01 of the Revised Code;	676

(2) "In the vicinity of an illegal methamphetamine	677
manufacturing laboratory" means within the building in which the	678
laboratory is located, within one hundred feet of the laboratory,	679
or within any location from which the laboratory can be seen.	680

(3) "Limited driving privileges" has the same meaning as in	681
section 4501.01 of the Revised Code.	682

Section 4. That the existing version of section 2919.22 of	683
the Revised Code that is scheduled to take effect January 1, 2004,	684
is hereby repealed.	685

Section 5. Sections 3 and 4 of this act shall take effect	686
January 1, 2004.	687