To amend section 2901.21 of the Revised Code relative to the criminal liability of a person who is intoxicated.

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

Sec. 2901.21. (A) Except as provided in division (B) of this section, a person is not guilty of an offense unless both of the following apply:

(1) His THE PERSON'S liability is based on conduct which THAT includes either a voluntary act, or an omission to perform an act or duty which he THAT THE PERSON is capable of performing;

(2) He THE PERSON has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.

(B) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in such THE section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.

(C) A PERSON WHO IS INTOXICATED IS SUBJECT TO CRIMINAL LIABILITY FOR THE PERSON'S CONDUCT WHILE INTOXICATED. A PERSON MAY NOT ASSERT INTOXICATION AS A DEFENSE TO AN OFFENSE WITH WHICH THE PERSON IS CHARGED. INTOXICATION IS NOT A FACTOR THAT NEGATES THE EXISTENCE OF A CULPABLE MENTAL STATE SPECIFIED AS AN ELEMENT OF AN OFFENSE UNLESS THE PERSON CHARGED WITH THE OFFENSE, AT THE TIME THE PERSON CONSUMED, SMOKED, SNIFFED, INJECTED, OR OTHERWISE INGESTED THE SUBSTANCE THAT CAUSED THE INTOXICATION, DID NOT KNOW THAT THE SUBSTANCE WAS AN INTOXICATING SUBSTANCE.

(D) As used in this section:

(1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his THE POSSESSOR'S control thereof OF THE THING POSSESSED for a sufficient time to have ended his possession.

(2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor's volition, are involuntary acts.

(3) "Culpability" means purpose, knowledge, recklessness, or negligence, as defined in section 2901.22 of the Revised Code.