As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 213


Representative Hagan 

Cosponsors: Representatives Foley, Yuko 

A BILL
To amend sections 339.89, 2151.03, 2903.341, and 1
2919.22 of the Revised Code to eliminate the 2
exemption from the tuberculosis treatment 3
requirements for minors of parents who rely 4
exclusively on spiritual treatment through prayer, 5
to eliminate the exemption in Chapter 2151. of the 6
Revised Code from criminal prosecution for persons 7
who fail to provide medical treatment for children 8
because of religious beliefs, to similarly limit 9
the exemption for treatment of mentally retarded 10
and developmentally disabled persons, and to 11
eliminate the exception to endangering children 12
for persons who treat a child's physical or mental 13
illness through prayer alone in accordance with 14
the tenets of a recognized religious body.15


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

       Section 1. That sections 339.89, 2151.03, 2903.341, and 16
2919.22 of the Revised Code be amended to read as follows:17

       Sec. 339.89.  Sections 339.71 to 339.88 of the Revised Code,18
and the rules for tuberculosis adopted under section 3701.146 of 19
the Revised Code, do not require a personan adult to undergo20
testing, medical treatment, or detention in a hospital or other21
place for treatment if the person, or, in the case of a child, the22
child's parents, relyrelies exclusively on spiritual treatment 23
through prayer, in lieu of medical treatment, in accordance with a24
recognized, religious method of healing. The person may be25
quarantined or otherwise safely isolated in the home or another26
place that is suitable to the health of the person and has been27
approved by the tuberculosis control unit as a place that provides28
appropriate protection to other persons and the community.29

       Sec. 2151.03.  (A) As used in this chapter, "neglected child" 30
includes any child:31

       (1) Who is abandoned by the child's parents, guardian, or32
custodian;33

       (2) Who lacks adequate parental care because of the faults or 34
habits of the child's parents, guardian, or custodian;35

       (3) Whose parents, guardian, or custodian neglects the child 36
or refuses to provide proper or necessary subsistence, education, 37
medical or surgical care or treatment, or other care necessary for 38
the child's health, morals, or well being;39

       (4) Whose parents, guardian, or custodian neglects the child 40
or refuses to provide the special care made necessary by the 41
child's mental condition;42

       (5) Whose parents, legal guardian, or custodian have placed 43
or attempted to place the child in violation of sections 5103.1644
and 5103.17 of the Revised Code;45

       (6) Who, because of the omission of the child's parents, 46
guardian, or custodian, suffers physical or mental injury that 47
harms or threatens to harm the child's health or welfare;48

       (7) Who is subjected to out-of-home care child neglect.49

       (B) Nothing in this chapter shall be construed as subjecting 50
a parent, guardian, or custodian of a child to criminal liability 51
when, solely in the practice of religious beliefs, the parent, 52
guardian, or custodian fails to provide adequate medical or 53
surgical care or treatment for the child. This division does not 54
abrogate or limit any person's responsibility under section 55
2151.421 of the Revised Code to report child abuse that is known 56
or reasonably suspected or believed to have occurred, child 57
neglect that is known or reasonably suspected or believed to have 58
occurred, and children who are known to face or are reasonably 59
suspected or believed to be facing a threat of suffering abuse or 60
neglect and does not preclude any exercise of the authority of the 61
state, any political subdivision, or any court to ensure that 62
medical or surgical care or treatment is provided to a child when 63
the child's health requires the provision of medical or surgical 64
care or treatment.65

       Sec. 2903.341. (A) As used in this section:66

       (1) "MR/DD caretaker" means any MR/DD employee or any person 67
who assumes the duty to provide for the care and protection of a 68
mentally retarded person or a developmentally disabled person on a 69
voluntary basis, by contract, through receipt of payment for care 70
and protection, as a result of a family relationship, or by order 71
of a court of competent jurisdiction. "MR/DD caretaker" includes a 72
person who is an employee of a care facility and a person who is 73
an employee of an entity under contract with a provider. "MR/DD 74
caretaker" does not include a person who owns, operates, or 75
administers a care facility or who is an agent of a care facility 76
unless that person also personally provides care to persons with 77
mental retardation or a developmental disability.78

       (2) "Mentally retarded person" and "developmentally disabled 79
person" have the same meanings as in section 5123.01 of the 80
Revised Code.81

       (3) "MR/DD employee" has the same meaning as in section 82
5123.50 of the Revised Code.83

       (B) No MR/DD caretaker shall create a substantial risk to the 84
health or safety of a mentally retarded person or a 85
developmentally disabled person. An MR/DD caretaker does not 86
create a substantial risk to the health or safety of aan adult87
mentally retarded person or a developmentally disabled person 88
under this division when the MR/DD caretaker treats a physical or 89
mental illness or defect of the mentally retarded person or 90
developmentally disabled person by spiritual means through prayer 91
alone, in accordance with the tenets of a recognized religious 92
body.93

       (C) No person who owns, operates, or administers a care 94
facility or who is an agent of a care facility shall condone, or 95
knowingly permit, any conduct by an MR/DD caretaker who is 96
employed by or under the control of the owner, operator, 97
administrator, or agent that is in violation of division (B) of 98
this section and that involves a mentally retarded person or a 99
developmentally disabled person who is under the care of the 100
owner, operator, administrator, or agent. A personAn adult who 101
relies upon treatment by spiritual means through prayer alone, in 102
accordance with the tenets of a recognized religious denomination, 103
shall not be considered endangered under this division for that 104
reason alone.105

       (D)(1) It is an affirmative defense to a charge of a 106
violation of division (B) or (C) of this section that the actor's 107
conduct was committed in good faith solely because the actor was 108
ordered to commit the conduct by a person to whom one of the 109
following applies:110

       (a) The person has supervisory authority over the actor.111

       (b) The person has authority over the actor's conduct 112
pursuant to a contract for the provision of services.113

       (2) It is an affirmative defense to a charge of a violation 114
of division (C) of this section that the person who owns, 115
operates, or administers a care facility or who is an agent of a 116
care facility and who is charged with the violation is following 117
the individual service plan for the involved mentally retarded 118
person or a developmentally disabled person or that the admission, 119
discharge, and transfer rule set forth in the Administrative Code 120
is being followed.121

       (3) It is an affirmative defense to a charge of a violation 122
of division (C) of this section that the actor did not have 123
readily available a means to prevent either the harm to the person 124
with mental retardation or a developmental disability or the death 125
of such a person and the actor took reasonable steps to summon 126
aid.127

       (E)(1) Except as provided in division (E)(2) or (E)(3) of 128
this section, whoever violates division (B) or (C) of this section 129
is guilty of patient endangerment, a misdemeanor of the first 130
degree.131

       (2) If the offender previously has been convicted of, or 132
pleaded guilty to, a violation of this section, patient 133
endangerment is a felony of the fourth degree.134

       (3) If the violation results in serious physical harm to the 135
person with mental retardation or a developmental disability, 136
patient endangerment is a felony of the third degree.137

       Sec. 2919.22.  (A) No person, who is the parent, guardian,138
custodian, person having custody or control, or person in loco139
parentis of a child under eighteen years of age or a mentally or140
physically handicapped child under twenty-one years of age, shall141
create a substantial risk to the health or safety of the child, by142
violating a duty of care, protection, or support. It is not a143
violation of a duty of care, protection, or support under this144
division when the parent, guardian, custodian, or person having145
custody or control of a child treats the physical or mental146
illness or defect of the child by spiritual means through prayer147
alone, in accordance with the tenets of a recognized religious148
body.149

       (B) No person shall do any of the following to a child under150
eighteen years of age or a mentally or physically handicapped151
child under twenty-one years of age:152

       (1) Abuse the child;153

       (2) Torture or cruelly abuse the child;154

       (3) Administer corporal punishment or other physical155
disciplinary measure, or physically restrain the child in a cruel156
manner or for a prolonged period, which punishment, discipline, or157
restraint is excessive under the circumstances and creates a158
substantial risk of serious physical harm to the child;159

       (4) Repeatedly administer unwarranted disciplinary measures160
to the child, when there is a substantial risk that such conduct,161
if continued, will seriously impair or retard the child's mental162
health or development;163

       (5) Entice, coerce, permit, encourage, compel, hire, employ,164
use, or allow the child to act, model, or in any other way165
participate in, or be photographed for, the production,166
presentation, dissemination, or advertisement of any material or167
performance that the offender knows or reasonably should know is168
obscene, is sexually oriented matter, or is nudity-oriented169
matter;170

       (6) Allow the child to be on the same parcel of real property 171
and within one hundred feet of, or, in the case of more than one 172
housing unit on the same parcel of real property, in the same 173
housing unit and within one hundred feet of, any act in violation 174
of section 2925.04 or 2925.041 of the Revised Code when the person 175
knows that the act is occurring, whether or not any person is 176
prosecuted for or convicted of the violation of section 2925.04 or 177
2925.041 of the Revised Code that is the basis of the violation of 178
this division.179

       (C)(1) No person shall operate a vehicle, streetcar, or180
trackless trolley within this state in violation of division (A)181
of section 4511.19 of the Revised Code when one or more children182
under eighteen years of age are in the vehicle, streetcar, or183
trackless trolley. Notwithstanding any other provision of law, a184
person may be convicted at the same trial or proceeding of a185
violation of this division and a violation of division (A) of186
section 4511.19 of the Revised Code that constitutes the basis of187
the charge of the violation of this division. For purposes of 188
sections 4511.191 to 4511.197 of the Revised Code and all related189
provisions of law, a person arrested for a violation of this190
division shall be considered to be under arrest for operating a191
vehicle while under the influence of alcohol, a drug of abuse, or 192
a combination of them or for operating a vehicle with a prohibited193
concentration of alcohol, a controlled substance, or a metabolite 194
of a controlled substance in the whole blood, blood serum or195
plasma, breath, or urine.196

       (2) As used in division (C)(1) of this section:197

       (a) "Controlled substance" has the same meaning as in section 198
3719.01 of the Revised Code.199

       (b) "Vehicle," "streetcar," and "trackless trolley" have the 200
same meanings as in section 4511.01 of the Revised Code.201

       (D)(1) Division (B)(5) of this section does not apply to any202
material or performance that is produced, presented, or203
disseminated for a bona fide medical, scientific, educational,204
religious, governmental, judicial, or other proper purpose, by or205
to a physician, psychologist, sociologist, scientist, teacher,206
person pursuing bona fide studies or research, librarian, member207
of the clergy, prosecutor, judge, or other person having a proper208
interest in the material or performance.209

       (2) Mistake of age is not a defense to a charge under210
division (B)(5) of this section.211

       (3) In a prosecution under division (B)(5) of this section,212
the trier of fact may infer that an actor, model, or participant213
in the material or performance involved is a juvenile if the214
material or performance, through its title, text, visual215
representation, or otherwise, represents or depicts the actor,216
model, or participant as a juvenile.217

       (4) As used in this division and division (B)(5) of this218
section:219

       (a) "Material," "performance," "obscene," and "sexual220
activity" have the same meanings as in section 2907.01 of the221
Revised Code.222

       (b) "Nudity-oriented matter" means any material or223
performance that shows a minor in a state of nudity and that,224
taken as a whole by the average person applying contemporary225
community standards, appeals to prurient interest.226

       (c) "Sexually oriented matter" means any material or227
performance that shows a minor participating or engaging in sexual228
activity, masturbation, or bestiality.229

       (E)(1) Whoever violates this section is guilty of endangering 230
children.231

       (2) If the offender violates division (A) or (B)(1) of this232
section, endangering children is one of the following, and, in the 233
circumstances described in division (E)(2)(e) of this section, 234
that division applies:235

       (a) Except as otherwise provided in division (E)(2)(b), (c),236
or (d) of this section, a misdemeanor of the first degree;237

       (b) If the offender previously has been convicted of an238
offense under this section or of any offense involving neglect,239
abandonment, contributing to the delinquency of, or physical abuse240
of a child, except as otherwise provided in division (E)(2)(c) or241
(d) of this section, a felony of the fourth degree;242

       (c) If the violation is a violation of division (A) of this243
section and results in serious physical harm to the child244
involved, a felony of the third degree;245

       (d) If the violation is a violation of division (B)(1) of246
this section and results in serious physical harm to the child247
involved, a felony of the second degree.248

       (e) If the violation is a felony violation of division (B)(1) 249
of this section and the offender also is convicted of or pleads 250
guilty to a specification as described in section 2941.1422 of the 251
Revised Code that was included in the indictment, count in the 252
indictment, or information charging the offense, the court shall 253
sentence the offender to a mandatory prison term as provided in 254
division (D)(7) of section 2929.14 of the Revised Code and shall 255
order the offender to make restitution as provided in division 256
(B)(8) of section 2929.18 of the Revised Code.257

       (3) If the offender violates division (B)(2), (3), (4), or 258
(6) of this section, except as otherwise provided in this 259
division, endangering children is a felony of the third degree. 260
If the violation results in serious physical harm to the child 261
involved, or if the offender previously has been convicted of an 262
offense under this section or of any offense involving neglect,263
abandonment, contributing to the delinquency of, or physical 264
abuse of a child, endangering children is a felony of the second 265
degree. If the offender violates division (B)(2), (3), or (4) of 266
this section and the offender also is convicted of or pleads 267
guilty to a specification as described in section 2941.1422 of the 268
Revised Code that was included in the indictment, count in the 269
indictment, or information charging the offense, the court shall 270
sentence the offender to a mandatory prison term as provided in 271
division (D)(7) of section 2929.14 of the Revised Code and shall 272
order the offender to make restitution as provided in division 273
(B)(8) of section 2929.18 of the Revised Code. If the offender 274
violates division (B)(6) of this section and the drug involved is 275
methamphetamine, the court shall impose a mandatory prison term on 276
the offender as follows:277

       (a) If the violation is a violation of division (B)(6) of 278
this section that is a felony of the third degree under division 279
(E)(3) of this section and the drug involved is methamphetamine, 280
except as otherwise provided in this division, the court shall 281
impose as a mandatory prison term one of the prison terms 282
prescribed for a felony of the third degree that is not less than 283
two years. If the violation is a violation of division (B)(6) of 284
this section that is a felony of the third degree under division 285
(E)(3) of this section, if the drug involved is methamphetamine, 286
and if the offender previously has been convicted of or pleaded 287
guilty to a violation of division (B)(6) of this section, a 288
violation of division (A) of section 2925.04 of the Revised Code, 289
or a violation of division (A) of section 2925.041 of the Revised 290
Code, the court shall impose as a mandatory prison term one of the 291
prison terms prescribed for a felony of the third degree that is 292
not less than five years.293

       (b) If the violation is a violation of division (B)(6) of 294
this section that is a felony of the second degree under division 295
(E)(3) of this section and the drug involved is methamphetamine, 296
except as otherwise provided in this division, the court shall 297
impose as a mandatory prison term one of the prison terms 298
prescribed for a felony of the second degree that is not less than 299
three years. If the violation is a violation of division (B)(6) of 300
this section that is a felony of the second degree under division 301
(E)(3) of this section, if the drug involved is methamphetamine, 302
and if the offender previously has been convicted of or pleaded 303
guilty to a violation of division (B)(6) of this section, a 304
violation of division (A) of section 2925.04 of the Revised Code, 305
or a violation of division (A) of section 2925.041 of the Revised 306
Code, the court shall impose as a mandatory prison term one of the 307
prison terms prescribed for a felony of the second degree that is 308
not less than five years.309

       (4) If the offender violates division (B)(5) of this section, 310
endangering children is a felony of the second degree. If the 311
offender also is convicted of or pleads guilty to a specification 312
as described in section 2941.1422 of the Revised Code that was 313
included in the indictment, count in the indictment, or 314
information charging the offense, the court shall sentence the 315
offender to a mandatory prison term as provided in division (D)(7) 316
of section 2929.14 of the Revised Code and shall order the 317
offender to make restitution as provided in division (B)(8) of 318
section 2929.18 of the Revised Code.319

       (5) If the offender violates division (C) of this section,320
the offender shall be punished as follows:321

       (a) Except as otherwise provided in division (E)(5)(b) or (c) 322
of this section, endangering children in violation of division (C) 323
of this section is a misdemeanor of the first degree.324

       (b) If the violation results in serious physical harm to the325
child involved or the offender previously has been convicted of an326
offense under this section or any offense involving neglect,327
abandonment, contributing to the delinquency of, or physical abuse328
of a child, except as otherwise provided in division (E)(5)(c) of329
this section, endangering children in violation of division (C) of330
this section is a felony of the fifth degree.331

       (c) If the violation results in serious physical harm to the332
child involved and if the offender previously has been convicted333
of a violation of division (C) of this section, section 2903.06 or334
2903.08 of the Revised Code, section 2903.07 of the Revised Code335
as it existed prior to March 23, 2000, or section 2903.04 of the336
Revised Code in a case in which the offender was subject to the337
sanctions described in division (D) of that section, endangering338
children in violation of division (C) of this section is a felony339
of the fourth degree.340

       (d) In addition to any term of imprisonment, fine, or other341
sentence, penalty, or sanction it imposes upon the offender342
pursuant to division (E)(5)(a), (b), or (c) of this section or343
pursuant to any other provision of law and in addition to any344
suspension of the offender's driver's or commercial driver's345
license or permit or nonresident operating privilege under Chapter346
4506., 4509., 4510., or 4511. of the Revised Code or under any347
other provision of law, the court also may impose upon the348
offender a class seven suspension of the offender's driver's or349
commercial driver's license or permit or nonresident operating350
privilege from the range specified in division (A)(7) of section351
4510.02 of the Revised Code.352

       (e) In addition to any term of imprisonment, fine, or other353
sentence, penalty, or sanction imposed upon the offender pursuant354
to division (E)(5)(a), (b), (c), or (d) of this section or355
pursuant to any other provision of law for the violation of356
division (C) of this section, if as part of the same trial or357
proceeding the offender also is convicted of or pleads guilty to a358
separate charge charging the violation of division (A) of section359
4511.19 of the Revised Code that was the basis of the charge of360
the violation of division (C) of this section, the offender also361
shall be sentenced in accordance with section 4511.19 of the362
Revised Code for that violation of division (A) of section 4511.19363
of the Revised Code.364

       (F)(1)(a) A court may require an offender to perform not more365
than two hundred hours of supervised community service work under366
the authority of an agency, subdivision, or charitable367
organization. The requirement shall be part of the community 368
control sanction or sentence of the offender, and the court shall 369
impose the community service in accordance with and subject to 370
divisions (F)(1)(a) and (b) of this section. The court may require 371
an offender whom it requires to perform supervised community 372
service work as part of the offender's community control sanction 373
or sentence to pay the court a reasonable fee to cover the costs 374
of the offender's participation in the work, including, but not 375
limited to, the costs of procuring a policy or policies of376
liability insurance to cover the period during which the offender377
will perform the work. If the court requires the offender to378
perform supervised community service work as part of the379
offender's community control sanction or sentence, the court shall380
do so in accordance with the following limitations and criteria:381

       (i) The court shall require that the community service work382
be performed after completion of the term of imprisonment or jail383
term imposed upon the offender for the violation of division (C)384
of this section, if applicable.385

       (ii) The supervised community service work shall be subject386
to the limitations set forth in divisions (B)(1), (2), and (3) of387
section 2951.02 of the Revised Code.388

       (iii) The community service work shall be supervised in the389
manner described in division (B)(4) of section 2951.02 of the390
Revised Code by an official or person with the qualifications391
described in that division. The official or person periodically392
shall report in writing to the court concerning the conduct of the393
offender in performing the work.394

       (iv) The court shall inform the offender in writing that if395
the offender does not adequately perform, as determined by the396
court, all of the required community service work, the court may397
order that the offender be committed to a jail or workhouse for a398
period of time that does not exceed the term of imprisonment that399
the court could have imposed upon the offender for the violation400
of division (C) of this section, reduced by the total amount of401
time that the offender actually was imprisoned under the sentence402
or term that was imposed upon the offender for that violation and403
by the total amount of time that the offender was confined for any404
reason arising out of the offense for which the offender was405
convicted and sentenced as described in sections 2949.08 and406
2967.191 of the Revised Code, and that, if the court orders that407
the offender be so committed, the court is authorized, but not408
required, to grant the offender credit upon the period of the409
commitment for the community service work that the offender410
adequately performed.411

       (b) If a court, pursuant to division (F)(1)(a) of this412
section, orders an offender to perform community service work as413
part of the offender's community control sanction or sentence and414
if the offender does not adequately perform all of the required415
community service work, as determined by the court, the court may416
order that the offender be committed to a jail or workhouse for a417
period of time that does not exceed the term of imprisonment that418
the court could have imposed upon the offender for the violation419
of division (C) of this section, reduced by the total amount of420
time that the offender actually was imprisoned under the sentence421
or term that was imposed upon the offender for that violation and422
by the total amount of time that the offender was confined for any423
reason arising out of the offense for which the offender was424
convicted and sentenced as described in sections 2949.08 and425
2967.191 of the Revised Code. The court may order that a person426
committed pursuant to this division shall receive hour-for-hour427
credit upon the period of the commitment for the community service428
work that the offender adequately performed. No commitment429
pursuant to this division shall exceed the period of the term of430
imprisonment that the sentencing court could have imposed upon the431
offender for the violation of division (C) of this section,432
reduced by the total amount of time that the offender actually was433
imprisoned under that sentence or term and by the total amount of434
time that the offender was confined for any reason arising out of435
the offense for which the offender was convicted and sentenced as436
described in sections 2949.08 and 2967.191 of the Revised Code.437

       (2) Division (F)(1) of this section does not limit or affect 438
the authority of the court to suspend the sentence imposed upon a 439
misdemeanor offender and place the offender under a community 440
control sanction pursuant to section 2929.25 of the Revised Code, 441
to require a misdemeanor or felony offender to perform supervised442
community service work in accordance with division (B) of section443
2951.02 of the Revised Code, or to place a felony offender under a444
community control sanction.445

       (G)(1) If a court suspends an offender's driver's or446
commercial driver's license or permit or nonresident operating447
privilege under division (E)(5)(d) of this section, the period of448
the suspension shall be consecutive to, and commence after, the449
period of suspension of the offender's driver's or commercial450
driver's license or permit or nonresident operating privilege that451
is imposed under Chapter 4506., 4509., 4510., or 4511. of the452
Revised Code or under any other provision of law in relation to453
the violation of division (C) of this section that is the basis of454
the suspension under division (E)(5)(d) of this section or in455
relation to the violation of division (A) of section 4511.19 of456
the Revised Code that is the basis for that violation of division457
(C) of this section.458

       (2) An offender is not entitled to request, and the court459
shall not grant to the offender, limited driving privileges if the460
offender's license, permit, or privilege has been suspended under 461
division (E)(5)(d) of this section and the offender, within the462
preceding six years, has been convicted of or pleaded guilty to463
three or more violations of one or more of the following:464

       (a) Division (C) of this section;465

       (b) Any equivalent offense, as defined in section 4511.181 of466
the Revised Code.467

       (H)(1) If a person violates division (C) of this section and468
if, at the time of the violation, there were two or more children469
under eighteen years of age in the motor vehicle involved in the470
violation, the offender may be convicted of a violation of471
division (C) of this section for each of the children, but the472
court may sentence the offender for only one of the violations.473

       (2)(a) If a person is convicted of or pleads guilty to a474
violation of division (C) of this section but the person is not475
also convicted of and does not also plead guilty to a separate476
charge charging the violation of division (A) of section 4511.19477
of the Revised Code that was the basis of the charge of the478
violation of division (C) of this section, both of the following479
apply:480

       (i) For purposes of the provisions of section 4511.19 of the481
Revised Code that set forth the penalties and sanctions for a482
violation of division (A) of section 4511.19 of the Revised Code,483
the conviction of or plea of guilty to the violation of division484
(C) of this section shall not constitute a violation of division485
(A) of section 4511.19 of the Revised Code;486

       (ii) For purposes of any provision of law that refers to a487
conviction of or plea of guilty to a violation of division (A) of488
section 4511.19 of the Revised Code and that is not described in489
division (H)(2)(a)(i) of this section, the conviction of or plea490
of guilty to the violation of division (C) of this section shall491
constitute a conviction of or plea of guilty to a violation of492
division (A) of section 4511.19 of the Revised Code.493

       (b) If a person is convicted of or pleads guilty to a494
violation of division (C) of this section and the person also is495
convicted of or pleads guilty to a separate charge charging the496
violation of division (A) of section 4511.19 of the Revised Code497
that was the basis of the charge of the violation of division (C)498
of this section, the conviction of or plea of guilty to the499
violation of division (C) of this section shall not constitute,500
for purposes of any provision of law that refers to a conviction501
of or plea of guilty to a violation of division (A) of section502
4511.19 of the Revised Code, a conviction of or plea of guilty to503
a violation of division (A) of section 4511.19 of the Revised504
Code.505

       (I) As used in this section:506

       (1) "Community control sanction" has the same meaning as in507
section 2929.01 of the Revised Code;508

       (2) "Limited driving privileges" has the same meaning as in509
section 4501.01 of the Revised Code;510

       (3) "Methamphetamine" has the same meaning as in section 511
2925.01 of the Revised Code.512

       Section 2. That existing sections 339.89, 2151.03, 2903.341, 513
and 2919.22 of the Revised Code are hereby repealed.514