The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 85 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Boyd, Williams, S.
Cosponsors:
Representatives Skindell, DeBose, Harris, Mallory, Foley
A BILL
To amend sections 2151.022, 2152.02, and 2923.19 and
to enact section 2923.212 of the Revised Code to
prohibit any person under twenty-one years of age
from possessing a firearm, subject to specified
exceptions for lawful hunting, sporting, or
educational purposes and for law enforcement
officers; to expand the offense of failure to
secure dangerous ordnance so that it also
prohibits a failure to secure a firearm and
increase the penalty for the offense;
and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.022, 2152.02, and 2923.19 be
amended and section 2923.212 of the Revised Code be enacted to
read as follows:
Sec. 2151.022. As used in this chapter, "unruly child"
includes any of the
following:
(A) Any child who does not submit to
the reasonable
control
of the child's parents, teachers, guardian,
or custodian, by
reason of
being wayward or habitually disobedient;
(B) Any child who is an habitual truant from school and
who
previously
has
not been adjudicated an unruly child for being
an
habitual truant;
(C) Any child who
behaves in a manner as to
injure or
endanger the child's own health or morals or the health or
morals
of others;
(D) Any child who violates a law, other than division (C) of
section 2907.39, division (A)
of
section 2923.211, division (A) of
section 2923.212, division (C)(1) or (D) of section 2925.55, or
section 2151.87
of the Revised Code, that is
applicable only to a
child.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section.
(2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication,
except as otherwise provided in this
division, a person who is so adjudicated a
delinquent
child or
juvenile traffic offender shall be deemed a
"child" until
the
person attains twenty-one years of age.
If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children.
(D) "Chronic truant" means any child of compulsory school
age
who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult;
(2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (C) of section 2907.39,
division (A) of section 2923.211, division (A) of section
2923.212, or division (C)(1) or (D) of
section 2925.55
of the
Revised Code;
(4) Any child who is a habitual truant and who previously
has
been
adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer.
(H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of
the
Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act or juvenile traffic offense as a
direct and proximate result of the delinquent act or juvenile
traffic offense and
includes any loss of income due to lost time
at work because of
any injury caused to the victim and any
property loss, medical
cost, or funeral expense incurred as a
result of the delinquent
act or juvenile traffic offense.
"Economic loss" does not include non-economic loss or any punitive
or exemplary damages.
(M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer.
(Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section
149.43
of
the Revised Code.
(X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer.
(Y) "Sexually oriented offense,"
"juvenile offender
registrant," "child-victim
oriented offense," "tier I sex
offender/child-victim
offender," "tier II sex
offender/child-victim offender," "tier III
sex
offender/child-victim offender," and "public
registry-qualified
juvenile offender registrant" have the
same
meanings as in
section
2950.01 of
the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996.
(DD) "Non-economic loss" means nonpecuniary harm suffered by
a victim of a delinquent act or juvenile traffic offense as a
result of or related to the delinquent act or juvenile traffic
offense, including, but not limited to, pain and suffering; loss
of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
Sec. 2923.19. (A) No person, in acquiring, possessing,
carrying, or using
any dangerous ordnance or firearm, shall
negligently fail to take proper precautions:
(1) To secure the dangerous ordnance or firearm against
theft, or against its
acquisition or use by any of the following:
(a) An unauthorized or incompetent person;
(b) A person under eighteen years of age;
(c) A person eighteen years of age or older and under
twenty-one years of age.
(2) To insure the safety of persons and property.
(B) It is not a violation of division (A)(1)(b) of this
section if the weapon involved is a firearm and it is acquired or
used by a person under eighteen years of age in accordance with
the lawful circumstances described in division (A)(3) of section
2923.21 of the Revised Code or in accordance with division (C) of
section 2923.212 of
the Revised Code.
(C) It is not a violation of division (A)(1)(c) of this
section if the weapon involved is a firearm and it is acquired or
used by a person eighteen years of age or older and under
twenty-one years of age in accordance with the lawful
circumstances described in division (A)(3) of section 2923.21 of
the Revised Code or
in accordance with division (B) of section
2923.21, division (B)
of section 2923.211 , or division (C) or
(D) of section 2923.212 of
the Revised Code.
(D) Whoever violates this section is guilty of failure to
secure dangerous
ordnance or a firearm, a misdemeanor of the
second first degree.
Sec. 2923.212. (A) No person under eighteen years of age
shall knowingly possess a firearm.
(B) No person eighteen years of age or older and under
twenty-one years of age shall knowingly possess a firearm.
(C) Division (A) of this section does not apply to the
possession of a firearm by a person under eighteen years of age
and division (B) of this section does not apply to the possession
of a firearm by a person eighteen years of age or older and under
twenty-one years of age if the person under eighteen years of age
or the person eighteen years of age or older and under twenty-one
years of age, whichever is applicable, possesses the firearm under
the supervision or control of a responsible adult who is
twenty-one years of age or older for
lawful hunting, sporting, or
educational purposes, including, but
not limited to, instruction
in firearms or handgun safety, care,
handling, or marksmanship.
(D) Division (B) of this section does not apply to a person
eighteen years of age or older and under twenty-one years of age
if the person is a law enforcement officer who is properly
appointed or employed as a law enforcement officer and has
received firearms training approved by the Ohio peace officer
training council or equivalent firearms training.
(E) Whoever violates division (A) of this section is guilty
of juvenile possession of a firearm, a delinquent act that would
be a misdemeanor of the first degree if it could be committed by
an adult. Whoever violates division (B) of this section is guilty
of underage possession of a firearm, a misdemeanor of the first
degree.
Section 2. That existing sections 2151.022, 2152.02, and
2923.19 of the Revised Code are hereby repealed.
Section 3. Section 2151.022 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 23 and Am. Sub. S.B. 53 of
the 126th General
Assembly.
The General Assembly, applying the
principle stated in
division
(B) of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the general prohibition against the possession of a firearm by a
person under twenty-one years of age that is enacted in this act
is crucially needed to provide increased protection and security
for the state's residents in response to a rapid growth in the
number of crimes committed by persons under that age that involve
the use of firearms. Therefore, this act shall go into immediate
effect.
|
|