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S. B. No. 56 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Hughes, Carey, Fedor, Miller, D., Wagoner, Patton, Schuler
A BILL
To amend section 2903.04 and to enact section
2919.221 of the Revised Code to
prohibit a person
from negligently leaving a child
who is less than
five years of age unattended in
an automobile.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2903.04 be amended and section
2919.221 of the Revised Code be
enacted to read as follows:
Sec. 2903.04. (A) No person shall cause the death of
another
or the unlawful termination of another's pregnancy as a
proximate
result of the offender's committing or
attempting to
commit a
felony.
(B) No person shall cause the death of another or the
unlawful termination
of another's pregnancy as a
proximate result
of the offender's committing or attempting to
commit a any of the
following:
(1) A misdemeanor
of any
degree, a other than a violation of
section 2919.221 of the Revised Code;
(2) A regulatory offense, or a;
(3) A minor misdemeanor
other than a violation of section
2919.221 of the Revised Code, other
than a violation of any
section contained in Title
XLV of the
Revised Code that is a minor
misdemeanor, and other than a
violation of an ordinance of a
municipal corporation that,
regardless of the
penalty set by
ordinance for the violation, is
substantially equivalent to any
section contained in Title XLV of
the Revised Code that is a minor
misdemeanor.
(C) Whoever violates this section is guilty of involuntary
manslaughter. Violation of division (A) of this section is a
felony of the
first degree. Violation of division (B)
of this
section is a felony of the third degree.
(D) If an offender is
convicted of or
pleads guilty to a
violation of division (A) or (B) of this section and
if the
felony, misdemeanor, or regulatory
offense that the offender
committed or
attempted to commit, that proximately resulted in the
death of
the other person or the unlawful termination of another's
pregnancy,
and that is the basis of the offender's
violation of
division (A) or (B) of this section was a violation of
division
(A) or (B) of section 4511.19 of the Revised Code or of a
substantially equivalent municipal ordinance or included, as an
element of that felony, misdemeanor, or
regulatory offense, the
offender's
operation or participation in the operation of a
snowmobile, locomotive,
watercraft, or aircraft while
the offender
was under the influence of alcohol, a drug of abuse, or
alcohol
and a drug of abuse, both of the following apply:
(1) The court shall
impose a class one
suspension of the
offender's driver's or commercial driver's
license
or permit or
nonresident operating privilege
as
specified in division (A)(1)
of
section
4510.02 of the
Revised Code.
(2) The court shall impose a mandatory prison term for the
violation of division (A) or (B) of this section from the
range of
prison terms authorized for the level of the offense under section
2929.14 of the Revised Code.
Sec. 2919.221. (A) As used in this section, "automobile"
means a passenger car, truck, or other
motorized vehicle having
an enclosed passenger compartment.
(B) No person shall negligently leave a child who is less
than five years of age unattended in an automobile.
(C) Whoever violates this section is guilty of leaving a
child unattended in an automobile. Except as otherwise provided in
this division, leaving a child unattended in an automobile is a
minor misdemeanor. If a child suffers serious physical harm as a
result of a violation of this section, leaving a child unattended
in an automobile is a misdemeanor of the third degree. If a child
dies as a result of a violation of this section, leaving a child
unattended in an automobile is a misdemeanor of the first degree.
Section 2. That existing section 2903.04 of the Revised Code
is hereby repealed.
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