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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. 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-CAREY-
ALLEN-DePIERO-SULLIVAN-HOOPS-ROBERTS-BARNES-LUCAS-NETZLEY-
R.MILLER-SMITH-
SENATOR SBLESSING-LATTA
A BILL
To amend sections 2901.01 and 2919.22
and to enact section 2903.15 of the
Revised Code to increase the penalty for endangering children to a felony of
the second degree when it is based on abuse of a child that results in serious
physical harm to the child, 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 2919.22 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, 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, other telecommunications service, telecommunications
devices, information service, computers, data, computer software, financial
instruments associated with computers, other documents
associated with computers, or copies of the documents, whether in
machine or human readable form, trade secrets, trademarks, copyrights,
patents, and property protected by a trademark, copyright, or patent.
"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 division (A)(10) of this section, "trade secret" has the same
meaning as in section 1333.61 of the Revised Code, and "telecommunications
service" and "information service" have the same meanings as in section
2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of this
section, "cable television service," "computer," "computer
software," "computer system," "computer network," "data," and
"telecommunications
device" have
the same meanings 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,
computer software, or other telecommunications device that is used in a
conspiracy to commit, an
attempt to commit, or the commission of any offense, if the
owner of the computer, computer system, computer network,
computer software, or other telecommunications device 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. 2903.15. (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.
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body.
(B) No person shall do any of the following to a child under eighteen years
of age or a mentally or physically handicapped child under twenty-one years of
age:
(1) Abuse the child;
(2) Torture or cruelly abuse the child;
(3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child;
(4) Repeatedly administer unwarranted disciplinary
measures to the child, when there is a substantial risk that such
conduct, if continued, will seriously impair or retard the
child's mental health or development;
(5) Entice, coerce, permit, encourage, compel, hire,
employ, use, or allow the child to act, model, or in any other
way participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is obscene,
is sexually oriented matter, or is nudity-oriented matter.
(C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A) of section 4511.19 of the Revised Code when one or more
children under eighteen years of age are in the vehicle,
streetcar, or trackless trolley. Notwithstanding any other
provision of law, a person may be convicted at the same trial or
proceeding of a violation of this division and a violation of
division (A) of section 4511.19 of the Revised Code that
constitutes the basis of the charge of the violation of this
division. For purposes of section 4511.191 of the Revised Code
and all related provisions of law, a person arrested for a
violation of this division shall be considered to be under arrest
for operating a vehicle while under the influence of alcohol, a
drug of abuse, or alcohol and a drug of abuse or for operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine.
(2) As used in division (C)(1) of this section, "vehicle,"
"streetcar," and "trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code.
(D)(1) Division (B)(5) of this section does not apply to
any material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under
division (B)(5) of this section.
(3) In a prosecution under division (B)(5) of this
section, the trier of fact may infer that an actor, model, or
participant in the material or performance involved is a juvenile
if the material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile.
(4) As used in this division and division (B)(5) of this
section:
(a) "Material," "performance," "obscene," and "sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code.
(b) "Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest.
(c) "Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual activity, masturbation, or bestiality.
(E)(1) Whoever violates this section is guilty of
endangering children.
(2) If the offender violates division (A) or (B)(1) of
this section, endangering children is one of the following:
(a) Except as otherwise provided in division
(E)(2)(b) or, (c), OR (d) of this
section, a misdemeanor of the first degree;
(b) If the offender previously has
been convicted of an offense under this section or of any offense
involving neglect, abandonment, contributing to the delinquency
of, or physical abuse of a child, except as
otherwise provided in division (E)(2)(c) OR (d) of this
section, a felony of the fourth degree;
(c) If the violation IS A VIOLATION OF DIVISION (A) OF THIS
SECTION AND results in serious physical harm to the
child involved, a felony of the third degree;
(d) IF THE VIOLATION IS A VIOLATION OF DIVISION (B)(1)
OF THIS SECTION
AND RESULTS IN SERIOUS PHYSICAL HARM TO THE CHILD INVOLVED, A FELONY OF THE
SECOND DEGREE.
(3) If the offender violates division (B)(2), (3), or (4)
of this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the violation results in serious
physical
harm to the child involved, or if the offender previously has been
convicted of an offense under this section or of any offense
involving neglect, abandonment, contributing to the delinquency
of, or physical abuse of a child, endangering children is a
felony of the second degree.
(4) If the offender violates division (B)(5) of
this section, endangering children is a felony of the second
degree.
(5) If the offender violates division (C) of this section,
the offender shall be punished as follows:
(a) Except as otherwise provided in division
(E)(5)(b) or (c) of this section, endangering children in violation of
division (C) of
this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse of a child, except as otherwise provided in division
(E)(5)(c) of this section, endangering
children in violation of
division
(C) of this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to
the child involved and if the offender previously has been
convicted of a violation of division (C) of this section, section
2903.06, 2903.07, or 2903.08 of the Revised Code, or section
2903.04 of the Revised Code in a case in which the offender was
subject to the sanctions described in division (D) of that
section, endangering children in violation of division (C) of
this section is a felony of the fourth degree.
(d) In addition to any term of imprisonment, fine, or
other sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law, the court also may impose
upon the offender one or both of the following sanctions:
(i) It may require the offender, as part of the offender's
sentence and in the manner described in division (F) of this section, to
perform not more than two hundred hours of supervised community
service work under the authority of any agency, political
subdivision, or charitable organization of the type described in
division (F)(1) of section 2951.02 of the
Revised Code,
provided that the court shall not require the offender to perform
supervised community service work under this division unless the
offender agrees to perform the supervised community service work.
(ii) It may suspend the driver's or commercial driver's
license or permit or nonresident operating privilege of the
offender for up to ninety days, in addition to any suspension or
revocation of the offender's driver's or commercial driver's
license or permit or nonresident operating privilege under
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or
under any other provision of law.
(e) In addition to any term of imprisonment, fine, or
other sentence, penalty, or sanction imposed upon the offender
pursuant to division (E)(5)(a), (b), (c), or (d) of this section
or pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a separate charge charging the violation of division (A) of
section 4511.19 of the Revised Code that was the basis of the
charge of the violation of division (C) of this section, the
offender also shall be sentenced, in accordance with section
4511.99 of the Revised Code, for that violation of division (A)
of section 4511.19 of the Revised Code and also shall be subject
to all other sanctions that are required or authorized by any
provision of law for that violation of division (A) of section
4511.19 of the Revised Code.
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of
this section, requires an offender to perform supervised
community service work under the authority of an agency,
subdivision, or charitable organization, the requirement shall be
part of the community control sanction or sentence of the offender, and
the court shall impose the community service
in accordance with and subject to divisions
(F)(1)(a) and (b) of this section. The court may require an
offender whom it requires to perform supervised community service
work as part of the offender's community control sanction or
sentence to pay the
court a reasonable fee to
cover the costs of the offender's participation in the work,
including, but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall do so in accordance with the
following limitations and criteria:
(i) The court shall require that the community service
work be performed after completion of the term of imprisonment
imposed upon the offender for the violation of division (C) of
this section, if applicable.
(ii) The supervised community service work shall be
subject to the limitations set forth in divisions
(F)(1)(a) to (c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in
the manner described in division (F)(1)(d) of section 2951.02 of the Revised
Code by an official or person with the qualifications described in that
division. The official or person periodically shall report in writing to the
court concerning the conduct of the offender in performing the work.
(iv) The court shall inform the offender in writing that
if the offender does not adequately perform, as determined by
the court, all of the required community service work, the court may order
that the offender be committed to a jail or workhouse for a period of time
that does not exceed the term of imprisonment that the court could have
imposed upon the offender for the violation of division (C) of this section,
reduced by the total amount of time that the offender actually
was imprisoned under the sentence or term that was imposed upon
the offender for that violation and by the total amount of time
that the offender was confined for any reason arising out of the
offense for which the offender was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of the Revised Code, and that, if
the court orders that the offender be so committed, the court
is authorized, but not required, to grant the offender
credit upon the period of the commitment for the community service work that
the offender adequately performed.
(b) If a court, pursuant to this division and division
(E)(5)(d)(i) of this section, orders an offender to perform
community service work as part of the offender's community
control sanction or
sentence and if the offender does not adequately perform all of the required
community service work, as determined by the court, the court may
order that the offender be committed to a jail or workhouse for a
period of time that does not exceed the term of imprisonment that the court
could have imposed
upon the offender for the violation of division (C) of this
section, reduced by the total amount of time that the offender
actually was imprisoned under the sentence or term that was
imposed upon the offender for that violation and by the total
amount of time that the offender was confined for any reason
arising out of the offense for which the offender was
convicted and sentenced as described in sections 2949.08 and 2967.191 of the
Revised Code. The court may order that a person committed pursuant to this
division shall receive hour-for-hour credit upon the period of the commitment
for the community service work that the offender adequately
performed. No
commitment pursuant to this division shall exceed the period of the term of
imprisonment that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the total amount
of time that the offender actually was imprisoned under that sentence or term
and by the total amount of time that the offender was confined for
any reason arising out of the offense for which the offender
was convicted and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code.
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do
not limit or affect the authority of the court to suspend the
sentence imposed upon a misdemeanor offender and place the
offender on probation or otherwise suspend the sentence pursuant to sections
2929.51 and 2951.02 of the Revised Code, to require the
misdemeanor offender, as a condition of the offender's probation or of
otherwise suspending the offender's sentence, to perform
supervised
community service work in accordance with division
(F) of
section 2951.02 of the Revised Code, or to place a
felony offender
under a community control sanction.
(G) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d)(ii) of this section, the
period of the suspension shall be consecutive to, and commence
after, the period of suspension or revocation of the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege that is imposed under Chapter 4506., 4507.,
4509., or 4511. of the Revised Code or under any other provision
of law in relation to the violation of division (C) of this
section that is the basis of the suspension under division
(E)(5)(d)(ii) of this section or in relation to the violation of
division (A) of section 4511.19 of the Revised Code that is the
basis for that violation of division (C) of this section.
If an offender's license, permit, or privilege has been
suspended under division (E)(5)(d)(ii) of this section and the
offender, within the preceding seven years, has been convicted of
or pleaded guilty to three or more violations of division (C) of
this section, division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the offender was subject to the
sanctions described in division (D) of that section, section
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the offender is not entitled to request, and
the court shall not grant to the offender, occupational driving
privileges under this division. Any other offender whose
license, permit, or nonresident operating privilege has been
suspended under division (E)(5)(d)(ii) of this section may file
with the sentencing court a petition alleging that the
suspension would seriously affect the offender's ability to continue
employment. Upon satisfactory proof that there is reasonable
cause to believe that the suspension would seriously affect the
offender's ability to continue employment, the court may
grant the offender occupational driving privileges during the
period during which the suspension otherwise would be imposed,
except that the court
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code.
(H)(1) If a person violates division (C) of this section
and if, at the time of the violation, there were two or more
children under eighteen years of age in the motor vehicle
involved in the violation, the offender may be convicted of a
violation of division (C) of this section for each of the
children, but the court may sentence the offender for only one of
the violations.
(2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply:
(i) For purposes of the provisions of section 4511.99 of
the Revised Code that set forth the penalties and sanctions for a
violation of division (A) of section 4511.19 of the Revised Code,
the conviction of or plea of guilty to the violation of division
(C) of this section shall not constitute a violation of division
(A) of section 4511.19 of the Revised Code;
(ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code.
(b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code.
(I) As used in this section, "community control
sanction" has the
same meaning as in section 2929.01 of the Revised
Code.
Section 2. That existing sections 2901.01 and 2919.22 of the Revised
Code are hereby repealed.
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