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H. B. No. 610 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Luckie, Foley, Williams, B., Skindell, Peterson, Letson, Newcomb, Fende, Hagan, R., Yuko, Brown, Stewart, D., Heard
A BILL
To amend sections 2919.21 and 2929.17 of the Revised
Code regarding sentencing for failure to provide
adequate support to a child or other person an
individual is legally obligated to support.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2919.21 and 2929.17 of the Revised
Code be amended to read as follows:
Sec. 2919.21. (A) No person shall abandon, or fail to
provide adequate support to:
(1) The person's spouse, as required by law;
(2) The person's child who is
under age eighteen, or mentally
or physically handicapped child
who is under age twenty-one;
(3) The person's aged or infirm parent or adoptive parent,
who from lack of ability and means is unable to provide
adequately
for the parent's own support.
(B) No person shall abandon, or fail to provide support as
established by a
court order to, another person whom, by court
order or decree, the person is
legally obligated to support.
(C) No person shall aid, abet, induce, cause, encourage,
or
contribute to a child or a ward of the juvenile court becoming
a
dependent child, as defined in section 2151.04 of the Revised
Code, or a neglected child, as defined in section 2151.03 of the
Revised Code.
(D) It is an affirmative defense to a charge of failure to
provide adequate
support under division (A) of this section or a
charge of failure to provide
support established by a court order
under division (B) of this section that
the accused was unable to
provide adequate support or the established support
but did
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under
division
(A)(3) of this section that the parent abandoned the
accused or
failed to support the accused as required by law,
while the
accused was under age eighteen, or was mentally or
physically
handicapped and under age twenty-one.
(F) It is not a defense to a charge under division (B) of
this section that
the person whom a court has ordered the accused
to support is being adequately
supported by someone other than the
accused.
(G)(1) Except as otherwise provided in this division, whoever
violates
division (A) or (B) of this section is guilty of
nonsupport of dependents, a
misdemeanor of the first degree. If
the offender previously has been
convicted of or
pleaded guilty to
a violation of division (A)(2) or (B) of this section
or if the
offender has failed to
provide support under division (A)(2) or
(B) of this section for a total
accumulated period of twenty-six
weeks out of one hundred four
consecutive weeks, whether or not
the twenty-six weeks were
consecutive, then a violation of
division (A)(2) or (B) of this section
is a felony of the fifth
degree. If the offender previously has been
convicted of or
pleaded guilty to a felony violation of this section, a
violation
of division (A)(2) or (B) of this section is a felony of the
fourth
degree. If
If the violation of division (A)(2) or (B) of this section is
a felony of the fourth or fifth degree, the court shall sentence
the offender to one or more community control sanctions authorized
under section 2929.16, 2929.17, or 2929.18 of the Revised Code. If
the court imposes a nonresidential sanction under section 2929.17
of the Revised Code, the court shall include as a condition of the
sanction that the offender participate in and complete a community
corrections program, as established under sections 5149.30 to
5149.37 of the Revised Code, if available in the county in which
the court imposing the sentence is located.
(2) If the offender is guilty of nonsupport of dependents by
reason of
failing to provide support to the offender's child as
required by a child
support order issued on or after April 15,
1985, pursuant to section 2151.23,
2151.231, 2151.232, 2151.33,
3105.21,
3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the
Revised
Code, the court, in addition to any other sentence
imposed, shall
assess all court costs arising out of the charge
against the
person and require the person to pay any reasonable
attorney's
fees of any adverse party other than the state, as
determined by
the court, that arose in relation to the charge.
(2)(3) Whoever violates division (C) of this section is
guilty of contributing
to the nonsupport of dependents, a
misdemeanor of the first
degree. Each day of violation of division
(C) of this section is
a separate offense.
Sec. 2929.17. Except as provided in this section, the court
imposing a sentence for a
felony
upon an offender who is not
required to serve a mandatory
prison
term may impose any
nonresidential sanction or combination
of
nonresidential sanctions
authorized under this section.
If the
court imposes one or more
nonresidential sanctions authorized
under
this section, the court
shall impose
as a condition of the
sanction that, during the
period of the nonresidential
sanction,
the offender shall abide by
the law and shall not leave the state
without the permission of
the court or the offender's probation
officer.
The court imposing a sentence for a fourth degree felony
OVI
offense under division (G)(1) or (2)
of section 2929.13 of the
Revised
Code or for a third degree felony OVI offense under
division (G)(2) of that section may impose upon the offender, in
addition to the
mandatory
term of local incarceration or mandatory
prison term imposed under the applicable
division,
a
nonresidential
sanction or combination of nonresidential
sanctions
under this section, and
the offender shall serve or
satisfy the
sanction or combination of sanctions
after the
offender has served
the mandatory term of local incarceration or mandatory prison term
required for the
offense. Nonresidential sanctions include, but
are not
limited
to, the following:
(A) A term of day reporting;
(B) A term of
house arrest
with
electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, a
term
of electronic monitoring or
continuous alcohol monitoring without
house arrest, or a term of
house
arrest without electronic
monitoring or continuous alcohol
monitoring;
(C) A term of community service of up to five hundred
hours
pursuant to division
(B) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, including
random drug testing;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or
training;
(L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
(O) If the offense is a felony violation of division (A)(2)
or (B) of section 2919.21 of the Revised Code, a requirement that
the offender participate in and complete a community corrections
program, as established under sections 5149.30 to 5149.37 of the
Revised Code, if available in the county in which the court
imposing the sentence is located.
Section 2. That existing sections 2919.21 and 2929.17 of the
Revised Code are hereby repealed.
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