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S. B. No. 58 As Introduced
As Introduced
125th General Assembly | Regular Session | 2003-2004 |
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Senators Jacobson, Stivers, Goodman, Armbruster, Harris, Carey, Brady, Fingerhut
A BILLTo amend section 2919.22 of the Revised Code to expand the offense of endangering children to also prohibit exposing children to an illegal methamphetamine manufacturing laboratory and to amend the version of section 2919.22 of the Revised Code that is scheduled to take effect January 1, 2004, to continue the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2919.22 of the Revised Code be amended to read as follows:
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: (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; (6) Allow the child to be in the vicinity of an illegal methamphetamine manufacturing laboratory. (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,
member
of the clergy, 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), or (B)(6) of
this
section, endangering children is one of the following: (a) Except as otherwise provided in division
(E)(2)(b), (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) or (B)(6) 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 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
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)(1) 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. (2) An offender is not entitled to request, and the
court
shall
not grant to the offender, occupational driving privileges
under division
(G) of this section if the
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 one or
more of the following: (a) Division (C) of
this section; (b) Division (A) or (B) of section 4511.19 of the
Revised
Code; (c) 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; (d) A municipal ordinance relating to
operating a vehicle
with a prohibited concentration of alcohol in
the blood, breath,
or urine; (e) 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; (f) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar
to either of those divisions; (g) Division
(A)(2), (3), or (4) of section
2903.06,
division (A)(2) of section
2903.08, or former section 2903.07
of
the Revised Code, or a municipal ordinance
that is substantially
similar to any of those divisions or that former
section,
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; (h) 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. (3) Any other offender who is not described in division
(G)(2) of this section and 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 3123.611 or
4506.16 of the Revised Code or
whose commercial driver's license
or commercial driver's temporary instruction
permit has been
suspended under section 3123.58 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: (1) "Community control
sanction"
has the
same meaning as in section 2929.01 of the Revised
Code. (2) "In the vicinity of an illegal methamphetamine manufacturing laboratory" means within the building in which the laboratory is located, within one hundred feet of the laboratory, or within any location from which the laboratory can be seen.
Section 2. That existing section 2919.22 of the Revised Code is hereby repealed.
Section 3. That the version of section 2919.22 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
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: (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; (6) Allow the child to be in the vicinity of an illegal methamphetamine manufacturing laboratory. (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
sections 4511.191
to 4511.197 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
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol in
the
whole blood,
blood serum or
plasma,
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,
member
of the clergy, 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), or (B)(6) of
this
section, endangering children is one of the following: (a) Except as otherwise provided in division
(E)(2)(b), (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) or (B)(6) 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 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
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 and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven suspension of the
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege from the range specified in
division (A)(7) of section
4510.02 of the Revised Code. (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
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code. (F)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization,
if the
offender agrees to perform the supervised
community service work. 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
division
(F)(1)(a) 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)
Division (F)(1) of this
section
does
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)(1) 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) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., 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) 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. (2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under division
(E)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following: (a) Division (C) of
this section; (b) Any equivalent offense, as defined in section
4511.181 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
4511.19 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: (1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code; (2)
"In the vicinity of an illegal methamphetamine manufacturing laboratory" means within the building in which the laboratory is located, within one hundred feet of the laboratory, or within any location from which the laboratory can be seen. (3) "Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code.
Section 4. That the existing version of section 2919.22 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect January 1, 2004.
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