H. B. No. 610 As Introduced

(G)(1) Except as otherwise provided in this division, whoever

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violates division (A) or (B) of this section is guilty of

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nonsupport of dependents, a misdemeanor of the first degree. If

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the offender previously has been convicted of or pleaded guilty to

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a violation of division (A)(2) or (B) of this section or if the

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offender has failed to provide support under division (A)(2) or

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(B) of this section for a total accumulated period of twenty-six

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weeks out of one hundred four consecutive weeks, whether or not

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the twenty-six weeks were consecutive, then a violation of

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division (A)(2) or (B) of this section is a felony of the fifth

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degree. If the offender previously has been convicted of or

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pleaded guilty to a felony violation of this section, a violation

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of division (A)(2) or (B) of this section is a felony of the

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fourth degree. If

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(2) The person's child who is under age eighteen, or mentally	10
or physically handicapped child who is under age twenty-one;	11

(3) The person's aged or infirm parent or adoptive parent,	12
who from lack of ability and means is unable to provide adequately	13
for the parent's own support.	14

(B) No person shall abandon, or fail to provide support as	15
established by a court order to, another person whom, by court	16
order or decree, the person is legally obligated to support.	17

(C) No person shall aid, abet, induce, cause, encourage, or	18
contribute to a child or a ward of the juvenile court becoming a	19
dependent child, as defined in section 2151.04 of the Revised	20
Code, or a neglected child, as defined in section 2151.03 of the	21
Revised Code.	22

(D) It is an affirmative defense to a charge of failure to	23
provide adequate support under division (A) of this section or a	24
charge of failure to provide support established by a court order	25
under division (B) of this section that the accused was unable to	26
provide adequate support or the established support but did	27
provide the support that was within the accused's ability and	28
means.	29

Section 1. That sections 2919.21 and 2929.17 of the Revised	5
Code be amended to read as follows:	6

Sec. 2919.21. (A) No person shall abandon, or fail to	7
provide adequate support to:	8

(E) It is an affirmative defense to a charge under division	30
(A)(3) of this section that the parent abandoned the accused or	31
failed to support the accused as required by law, while the	32
accused was under age eighteen, or was mentally or physically	33
handicapped and under age twenty-one.	34

(F) It is not a defense to a charge under division (B) of	35
this section that the person whom a court has ordered the accused	36
to support is being adequately supported by someone other than the	37
accused.	38

If the violation of division (A)(2) or (B) of this section is	53
a felony of the fourth or fifth degree, the court shall sentence	54
the offender to one or more community control sanctions authorized	55
under section 2929.16, 2929.17, or 2929.18 of the Revised Code. If	56
the court imposes a nonresidential sanction under section 2929.17	57
of the Revised Code, the court shall include as a condition of the	58
sanction that the offender participate in and complete a community	59
corrections program, as established under sections 5149.30 to	60
5149.37 of the Revised Code, if available in the county in which	61
the court imposing the sentence is located.	62

(2) If the offender is guilty of nonsupport of dependents by	63
reason of failing to provide support to the offender's child as	64
required by a child support order issued on or after April 15,	65
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	66
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	67
Revised Code, the court, in addition to any other sentence	68
imposed, shall assess all court costs arising out of the charge	69
against the person and require the person to pay any reasonable	70
attorney's fees of any adverse party other than the state, as	71
determined by the court, that arose in relation to the charge.	72

~~(2)~~(3) Whoever violates division (C) of this section is	73
guilty of contributing to the nonsupport of dependents, a	74
misdemeanor of the first degree. Each day of violation of division	75
(C) of this section is a separate offense.	76

Sec. 2929.17. Except as provided in this section, the court	77
imposing a sentence for a felony upon an offender who is not	78
required to serve a mandatory prison term may impose any	79
nonresidential sanction or combination of nonresidential sanctions	80
authorized under this section. If the court imposes one or more	81
nonresidential sanctions authorized under this section, the court	82
shall impose as a condition of the sanction that, during the	83
period of the nonresidential sanction, the offender shall abide by	84
the law and shall not leave the state without the permission of	85
the court or the offender's probation officer.	86

The court imposing a sentence for a fourth degree felony OVI	87
offense under division (G)(1) or (2) of section 2929.13 of the	88
Revised Code or for a third degree felony OVI offense under	89
division (G)(2) of that section may impose upon the offender, in	90
addition to the mandatory term of local incarceration or mandatory	91
prison term imposed under the applicable division, a	92
nonresidential sanction or combination of nonresidential sanctions	93
under this section, and the offender shall serve or satisfy the	94
sanction or combination of sanctions after the offender has served	95
the mandatory term of local incarceration or mandatory prison term	96
required for the offense. Nonresidential sanctions include, but	97
are not limited to, the following:	98

(B) A term of house arrest with electronic monitoring or	100
continuous alcohol monitoring or both electronic monitoring and	101
continuous alcohol monitoring, a term of electronic monitoring or	102
continuous alcohol monitoring without house arrest, or a term of	103
house arrest without electronic monitoring or continuous alcohol	104
monitoring;	105

(D) A term in a drug treatment program with a level of	112
security for the offender as determined necessary by the court;	113

(H) A term of drug and alcohol use monitoring, including	117
random drug testing;	118

(K) A requirement that the offender obtain education or	121
training;	122

(L) Provided the court obtains the prior approval of the	123
victim, a requirement that the offender participate in	124
victim-offender mediation;	125

(C) A term of community service of up to five hundred hours	106
pursuant to division (B) of section 2951.02 of the Revised Code	107
or, if the court determines that the offender is financially	108
incapable of fulfilling a financial sanction described in section	109
2929.18 of the Revised Code, a term of community service as an	110
alternative to a financial sanction;	111

(N) If the offense is a violation of section 2919.25 or a	127
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	128
Code involving a person who was a family or household member at	129
the time of the violation, if the offender committed the offense	130
in the vicinity of one or more children who are not victims of the	131
offense, and if the offender or the victim of the offense is a	132
parent, guardian, custodian, or person in loco parentis of one or	133
more of those children, a requirement that the offender obtain	134
counseling. This division does not limit the court in requiring	135
the offender to obtain counseling for any offense or in any	136
circumstance not specified in this division.	137

(O) If the offense is a felony violation of division (A)(2)	138
or (B) of section 2919.21 of the Revised Code, a requirement that	139
the offender participate in and complete a community corrections	140
program, as established under sections 5149.30 to 5149.37 of the	141
Revised Code, if available in the county in which the court	142
imposing the sentence is located.	143

Section 2. That existing sections 2919.21 and 2929.17 of the	144
Revised Code are hereby repealed.	145