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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H.B. No. 162 |
REPRESENTATIVES SALERNO-BATEMAN-BENDER-BOGGS-BOYD-BRADING-
BRITTON-BUCHY-BUEHRER-CALLENDER-CATES-CLANCY-CORBIN-CORE-
COUGHLIN-DAMSCHRODER-EVANS-FORD-GERBERRY-GOODMAN-HAINES-
HARRIS-HOUSEHOLDER-JOLIVETTE-JONES-KREBS-KRUPINSKI-LOGAN-MAIER-
MEAD-METZGER-MOTTLEY-MYERS-O'BRIEN-OGG-OLMAN-OPFER-PADGETT-
PATTON-PERZ-PRINGLE-ROMAN-SCHULER-SCHURING-STAPLETON-SULZER-
SUTTON-TAYLOR-TERWILLEGER-THOMAS-TIBERI-VAN VYVEN-VESPER-
WILLAMOWSKI-WILLIAMS-WILSON-WINKLER-WOMER BENJAMIN
A BILL
To amend sections 2901.01 and 2903.02
and to enact section 2903.15 of the
Revised Code to expand the offense of murder to also prohibit causing the
death of another as a proximate result of committing a specified child
abuse-related offense, to create the offense of permitting child abuse, and to
include the new offense and the offense of endangering children in certain
circumstances as offenses of violence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2901.01 and 2903.02 be
amended and section 2903.15 of the Revised Code be enacted to
read as follows:
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing.
(2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person.
(3) "Physical harm to persons" means any injury, illness,
or other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss to its value or interferes with its use or enjoyment.
"Physical harm to property" does not include wear and tear
occasioned by normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as
would normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement, or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering, or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the
property, or requires a substantial amount of time, effort, or
money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the
property, or substantially interferes with its use or enjoyment
for an extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22, 2905.01,
2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03,
2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or, of division
(A)(1), (2), or (3) of section 2911.12, OR OF DIVISION
(B)(1), (2), (3), OR (4) OF SECTION 2919.22 of the
Revised Code or felonious sexual penetration in violation of former section
2907.12 of the Revised Code;
(b) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States,
substantially equivalent to any section or division or offense listed in
division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other state or the United States, committed purposely or
knowingly, and involving physical harm to persons or a risk of
serious physical harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of this section.
(10)(a) "Property" means any property, real or
personal, tangible or intangible, and any interest or license in
that property. "Property" includes, but is not limited to, cable
television service, computer data, computer software, financial
instruments associated with computers, and other documents
associated with computers, or copies of the documents, whether in
machine or human readable form. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in this division and division (A)(13) of this
section, "cable television service," "computer," "computer
software," "computer system," "computer network," and "data" have
the same meaning as in section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer
of a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority;
(c) A mayor, in the mayor's capacity as chief conservator of the
peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section
737.01 of the Revised Code as a special patrolling
officer during riot or emergency, for the purposes and during the time when
the person is appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic violence;
(h) A prosecuting attorney, assistant prosecuting
attorney, secret service officer, or municipal prosecutor;
(i) An Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the Revised Code.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising out of status, position, office, or relationship, or
growing out of necessity.
(13) "Contraband" means any property described in the
following categories:
(a) Property that in and of itself is unlawful for a
person to acquire or possess;
(b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the Revised Code;
(c) Property that is specifically stated to be contraband
by a section of the Revised Code or by an ordinance, regulation,
or resolution;
(d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section
3719.01 of the Revised Code, or any device, paraphernalia, money
as defined in section 1301.01 of the Revised Code, or other means
of exchange that has been, is being, or is intended to be used in
an attempt or conspiracy to violate, or in a violation of,
Chapter 2925. or 3719. of the Revised Code;
(f) Any gambling device, paraphernalia, money as defined
in section 1301.01 of the Revised Code, or other means of
exchange that has been, is being, or is intended to be used in an
attempt or conspiracy to violate, or in the violation of, Chapter
2915. of the Revised Code;
(g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco;
(h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense;
(i) Any property that is acquired through the sale or
other transfer of contraband or through the proceeds of
contraband, other than by a court or a law enforcement agency
acting within the scope of its duties;
(j) Any computer, computer system, computer network, or
computer software that is used in a conspiracy to commit, an
attempt to commit, or in the commission of any offense, if the
owner of the computer, computer system, computer network, or
computer software is convicted of or pleads guilty to the offense
in which it is used.
(14) A person is "not guilty by reason of insanity"
relative to a charge of an offense only if the person proves, in the
manner specified in section 2901.05 of the Revised Code, that at
the time of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section,
as used in any section contained in Title XXIX
of the Revised Code that sets forth a criminal offense,
"person" includes all of the following:
(i) An individual, corporation, business trust, estate, trust,
partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title
XXIX of the Revised Code that does not set forth a
criminal offense, "person" includes an individual, corporation, business
trust, estate, trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the species
homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of
a human fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary artificial
life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no case
shall the portion of the definition of the term "person" that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the Revised
Code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (B)(2)(a) of this section, in a
manner so that the offense prohibits or is construed as
prohibiting any pregnant woman or her physician from performing an abortion
with the consent of the pregnant woman, with the consent of the pregnant
woman implied by law in a medical emergency, or with the approval of one
otherwise authorized by law to consent to medical treatment on behalf of the
pregnant woman. An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code,
as applicable. An abortion that does not violate the conditions
described in the second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2919.15,
2919.17, or 2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13,
section 2919.15, 2919.17, or 2919.18 of the Revised Code, as
applicable. Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant woman, even if
it does not comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or
is construed as applying to a woman based on an act or omission of the woman
that occurs while she is or was pregnant and that results in any of the
following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in
utero of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born
alive but who dies from one or more injuries that are sustained while the
child is a viable, unborn human;
(iv) Her causing her child who is born alive to
sustain one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting
to cause, in any other manner, an injury, illness, or other physiological
impairment, regardless of its duration or gravity, or a mental illness or
condition, regardless of its duration or gravity, to a viable, unborn human
that she is carrying.
Sec. 2903.02. (A) No person shall purposely cause the death of another or
the unlawful termination of another's pregnancy.
(B) No person shall cause the death of another as a proximate
result of the offender's committing or attempting to commit an ANY
OF THE FOLLOWING:
(1) AN offense of
violence that is a felony of the first or second degree and that is not a
violation of section 2903.03 or 2903.04 of the Revised Code;
(2) A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OF SECTION
2919.22 of the Revised Code.
(C) Division (B)(1) of this section does not apply to an
offense that becomes a felony of the first or second degree only if the
offender
previously has been convicted of that offense or another specified
offense.
(D) Whoever violates this section is guilty of murder, and shall be
punished as provided in section 2929.02 of the Revised Code.
Sec. 2903.15. (A) NO PARENT, GUARDIAN, CUSTODIAN, OR PERSON
HAVING CUSTODY OF A CHILD UNDER EIGHTEEN
YEARS OF AGE OR OF A MENTALLY OR PHYSICALLY HANDICAPPED CHILD UNDER
TWENTY-ONE YEARS OF AGE SHALL CAUSE SERIOUS PHYSICAL HARM TO THE CHILD, OR THE
DEATH OF THE CHILD, AS A
PROXIMATE RESULT OF PERMITTING THE CHILD TO BE ABUSED, TO BE
TORTURED, TO BE ADMINISTERED CORPORAL PUNISHMENT OR
OTHER PHYSICAL DISCIPLINARY MEASURE, OR TO BE PHYSICALLY RESTRAINED IN
A CRUEL MANNER OR FOR A PROLONGED PERIOD.
(B) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS SECTION
THAT THE DEFENDANT DID NOT HAVE READILY AVAILABLE A MEANS TO PREVENT THE HARM
TO THE CHILD OR THE DEATH OF THE CHILD AND THAT THE DEFENDANT TOOK TIMELY AND
REASONABLE
STEPS TO SUMMON AID.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF PERMITTING CHILD
ABUSE. IF THE VIOLATION OF THIS SECTION CAUSES SERIOUS PHYSICAL HARM TO THE
CHILD, PERMITTING CHILD ABUSE IS A FELONY OF THE THIRD DEGREE. IF THE
VIOLATION OF THIS SECTION CAUSES THE DEATH OF THE CHILD, PERMITTING CHILD
ABUSE IS A FELONY OF THE FIRST DEGREE.
Section 2. That existing sections 2901.01 and 2903.02 of the Revised
Code are hereby repealed.
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