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) VOLUNTARY INTOXICATION IS NOT A DEFENSE TO A CHARGE OF A CRIMINAL OFFENSE. VOLUNTARY INTOXICATION IS NOT A FACTOR THAT NEGATES THE EXISTENCE OF A CULPABLE MENTAL STATE. VOLUNTARY INTOXICATION DOES NOT NEGATE THE ABILITY OF A PERSON TO PERFORM AN ACT OR DUTY THAT THE PERSON WOULD HAVE BEEN CAPABLE OF PERFORMING BUT FOR THE VOLUNTARY INTOXICATION.

(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.