H. B. No. 354 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 354

Representatives Boyd, Williams, S.

Cosponsors: Representatives DeBose, Foley, Miller, Skindell, Yuko, Budish

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; to amend

the version of section 2152.02 of the Revised Code

that takes effect on January 1, 2008, to retain

the provisions of this act on and after that date;

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	14
amended and section 2923.212 of the Revised Code be enacted to	15
read as follows:	16

Sec. 2151.022. As used in this chapter, "unruly child"	17
includes any of the following:	18

(A) Any child who does not submit to the reasonable control	19
of the child's parents, teachers, guardian, or custodian, by	20
reason of being wayward or habitually disobedient;	21

(B) Any child who is an habitual truant from school and who	22
previously has not been adjudicated an unruly child for being an	23
habitual truant;	24

(C) Any child who behaves in a manner as to injure or	25
endanger the child's own health or morals or the health or morals	26
of others;	27

(D) Any child who violates a law, other than division (C) of	28
section 2907.39, division (A) of section 2923.211, division (A) of	29
section 2923.212, division (C)(1) or (D) of section 2925.55, or	30
section 2151.87 of the Revised Code, that is applicable only to a	31
child.	32

Sec. 2152.02. As used in this chapter:

(A) "Act charged" means the act that is identified in a	34
complaint, indictment, or information alleging that a child is a	35
delinquent child.	36

(B) "Admitted to a department of youth services facility"	37
includes admission to a facility operated, or contracted for, by	38
the department and admission to a comparable facility outside this	39
state by another state or the United States.	40

(C)(1) "Child" means a person who is under eighteen years of	41
age, except as otherwise provided in divisions (C)(2) to (6) of	42
this section.	43

(2) Subject to division (C)(3) of this section, any person	44
who violates a federal or state law or a municipal ordinance prior	45
to attaining eighteen years of age shall be deemed a "child"	46
irrespective of that person's age at the time the complaint with	47
respect to that violation is filed or the hearing on the complaint	48
is held.	49

(3) Any person who, while under eighteen years of age,	50
commits an act that would be a felony if committed by an adult and	51
who is not taken into custody or apprehended for that act until	52
after the person attains twenty-one years of age is not a child in	53
relation to that act.	54

(4) Any person whose case is transferred for criminal	55
prosecution pursuant to section 2152.12 of the Revised Code shall	56
be deemed after the transfer not to be a child in the transferred	57
case.	58

(5) Any person whose case is transferred for criminal	59
prosecution pursuant to section 2152.12 of the Revised Code and	60
who subsequently is convicted of or pleads guilty to a felony in	61
that case, and any person who is adjudicated a delinquent child	62
for the commission of an act, who has a serious youthful offender	63
dispositional sentence imposed for the act pursuant to section	64
2152.13 of the Revised Code, and whose adult portion of the	65
dispositional sentence is invoked pursuant to section 2152.14 of	66
the Revised Code, shall be deemed after the transfer or invocation	67
not to be a child in any case in which a complaint is filed	68
against the person.	69

(6) The juvenile court has jurisdiction over a person who is	70
adjudicated a delinquent child or juvenile traffic offender prior	71
to attaining eighteen years of age until the person attains	72
twenty-one years of age, and, for purposes of that jurisdiction	73
related to that adjudication, except as otherwise provided in this	74
division, a person who is so adjudicated a delinquent child or	75
juvenile traffic offender shall be deemed a "child" until the	76
person attains twenty-one years of age. If a person is so	77
adjudicated a delinquent child or juvenile traffic offender and	78
the court makes a disposition of the person under this chapter, at	79
any time after the person attains eighteen years of age, the	80
places at which the person may be held under that disposition are	81
not limited to places authorized under this chapter solely for	82
confinement of children, and the person may be confined under that	83
disposition, in accordance with division (F)(2) of section 2152.26	84
of the Revised Code, in places other than those authorized under	85
this chapter solely for confinement of children.	86

(D) "Chronic truant" means any child of compulsory school age	87
who is absent without legitimate excuse for absence from the	88
public school the child is supposed to attend for seven or more	89
consecutive school days, ten or more school days in one school	90
month, or fifteen or more school days in a school year.	91

(E) "Community corrections facility," "public safety beds,"	92
"release authority," and "supervised release" have the same	93
meanings as in section 5139.01 of the Revised Code.	94

(F) "Delinquent child" includes any of the following:

(1) Any child, except a juvenile traffic offender, who	96
violates any law of this state or the United States, or any	97
ordinance of a political subdivision of the state, that would be	98
an offense if committed by an adult;	99

(2) Any child who violates any lawful order of the court made	100
under this chapter or under Chapter 2151. of the Revised Code	101
other than an order issued under section 2151.87 of the Revised	102
Code;	103

(3) Any child who violates division (C) of section 2907.39	104
or, division (A) of section 2923.211, division (A) of section	105
2923.212, or division (C)(1) or (D) of section 2925.55 of the	106
Revised Code;	107

(4) Any child who is a habitual truant and who previously has	108
been adjudicated an unruly child for being a habitual truant;	109

(5) Any child who is a chronic truant.

110

(G) "Discretionary serious youthful offender" means a person	111
who is eligible for a discretionary SYO and who is not transferred	112
to adult court under a mandatory or discretionary transfer.	113

(H) "Discretionary SYO" means a case in which the juvenile	114
court, in the juvenile court's discretion, may impose a serious	115
youthful offender disposition under section 2152.13 of the Revised	116
Code.	117

(I) "Discretionary transfer" means that the juvenile court	118
has discretion to transfer a case for criminal prosecution under	119
division (B) of section 2152.12 of the Revised Code.	120

(J) "Drug abuse offense," "felony drug abuse offense," and	121
"minor drug possession offense" have the same meanings as in	122
section 2925.01 of the Revised Code.	123

(K) "Electronic monitoring" and "electronic monitoring	124
device" have the same meanings as in section 2929.01 of the	125
Revised Code.	126

(L) "Economic loss" means any economic detriment suffered by	127
a victim of a delinquent act or juvenile traffic offense as a	128
direct and proximate result of the delinquent act or juvenile	129
traffic offense and includes any loss of income due to lost time	130
at work because of any injury caused to the victim and any	131
property loss, medical cost, or funeral expense incurred as a	132
result of the delinquent act or juvenile traffic offense.	133
"Economic loss" does not include non-economic loss or any punitive	134
or exemplary damages.	135

(M) "Firearm" has the same meaning as in section 2923.11 of	136
the Revised Code.	137

(N) "Juvenile traffic offender" means any child who violates	138
any traffic law, traffic ordinance, or traffic regulation of this	139
state, the United States, or any political subdivision of this	140
state, other than a resolution, ordinance, or regulation of a	141
political subdivision of this state the violation of which is	142
required to be handled by a parking violations bureau or a joint	143
parking violations bureau pursuant to Chapter 4521. of the Revised	144
Code.	145

(O) A "legitimate excuse for absence from the public school	146
the child is supposed to attend" has the same meaning as in	147
section 2151.011 of the Revised Code.	148

(P) "Mandatory serious youthful offender" means a person who	149
is eligible for a mandatory SYO and who is not transferred to	150
adult court under a mandatory or discretionary transfer.	151

(Q) "Mandatory SYO" means a case in which the juvenile court	152
is required to impose a mandatory serious youthful offender	153
disposition under section 2152.13 of the Revised Code.	154

(R) "Mandatory transfer" means that a case is required to be	155
transferred for criminal prosecution under division (A) of section	156
2152.12 of the Revised Code.	157

(S) "Mental illness" has the same meaning as in section	158
5122.01 of the Revised Code.	159

(T) "Mentally retarded person" has the same meaning as in	160
section 5123.01 of the Revised Code.	161

(U) "Monitored time" and "repeat violent offender" have the	162
same meanings as in section 2929.01 of the Revised Code.	163

(V) "Of compulsory school age" has the same meaning as in	164
section 3321.01 of the Revised Code.	165

(W) "Public record" has the same meaning as in section 149.43	166
of the Revised Code.	167

(X) "Serious youthful offender" means a person who is	168
eligible for a mandatory SYO or discretionary SYO but who is not	169
transferred to adult court under a mandatory or discretionary	170
transfer.	171

(Y) "Sexually oriented offense," "habitual sex offender,"	172
"juvenile offender registrant," "sexual predator," "presumptive	173
registration-exempt sexually oriented offense,"	174
"registration-exempt sexually oriented offense," "child-victim	175
oriented offense," "habitual child-victim offender," and	176
"child-victim predator" have the same meanings as in section	177
2950.01 of the Revised Code.	178

(Z) "Traditional juvenile" means a case that is not	179
transferred to adult court under a mandatory or discretionary	180
transfer, that is eligible for a disposition under sections	181
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	182
that is not eligible for a disposition under section 2152.13 of	183
the Revised Code.	184

(AA) "Transfer" means the transfer for criminal prosecution	185
of a case involving the alleged commission by a child of an act	186
that would be an offense if committed by an adult from the	187
juvenile court to the appropriate court that has jurisdiction of	188
the offense.	189

(BB) "Category one offense" means any of the following:

190

(1) A violation of section 2903.01 or 2903.02 of the Revised	191
Code;	192

(2) A violation of section 2923.02 of the Revised Code	193
involving an attempt to commit aggravated murder or murder.	194

(CC) "Category two offense" means any of the following:

195

(1) A violation of section 2903.03, 2905.01, 2907.02,	196
2909.02, 2911.01, or 2911.11 of the Revised Code;	197

(2) A violation of section 2903.04 of the Revised Code that	198
is a felony of the first degree;	199

(3) A violation of section 2907.12 of the Revised Code as it	200
existed prior to September 3, 1996.	201

(DD) "Non-economic loss" means nonpecuniary harm suffered by	202
a victim of a delinquent act or juvenile traffic offense as a	203
result of or related to the delinquent act or juvenile traffic	204
offense, including, but not limited to, pain and suffering; loss	205
of society, consortium, companionship, care, assistance,	206
attention, protection, advice, guidance, counsel, instruction,	207
training, or education; mental anguish; and any other intangible	208
loss.	209

Sec. 2923.212. (A) No person under eighteen years of age	210
shall knowingly possess a firearm.	211

(B) No person eighteen years of age or older and under	212
twenty-one years of age shall knowingly possess a firearm.	213

(C) Division (A) of this section does not apply to the	214
possession of a firearm by a person under eighteen years of age	215
and division (B) of this section does not apply to the possession	216
of a firearm by a person eighteen years of age or older and under	217
twenty-one years of age if the person under eighteen years of age	218
or the person eighteen years of age or older and under twenty-one	219
years of age, whichever is applicable, possesses the firearm under	220
the supervision or control of a responsible adult who is	221
twenty-one years of age or older for lawful hunting, sporting, or	222
educational purposes, including, but not limited to, instruction	223
in firearms or handgun safety, care, handling, or marksmanship.	224

(D) Division (B) of this section does not apply to a person	225
eighteen years of age or older and under twenty-one years of age	226
if the person is a law enforcement officer who is properly	227
appointed or employed as a law enforcement officer and has	228
received firearms training approved by the Ohio peace officer	229
training council or equivalent firearms training.	230

(E) Whoever violates division (A) of this section is guilty	231
of juvenile possession of a firearm, a delinquent act that would	232
be a misdemeanor of the first degree if it could be committed by	233
an adult. Whoever violates division (B) of this section is guilty	234
of underage possession of a firearm, a misdemeanor of the first	235
degree.	236

Sec. 2923.19. (A) No person, in acquiring, possessing,	237
carrying, or using any dangerous ordnance or firearm, shall	238
negligently fail to take proper precautions:	239

(1) To secure the dangerous ordnance or firearm against	240
theft, or against its acquisition or use by any of the following:	241

(a) An unauthorized or incompetent person;

242

(b) A person under eighteen years of age;

243

(c) A person eighteen years of age or older and under	244
twenty-one years of age.	245

(2) To insure the safety of persons and property.

246

(B) It is not a violation of division (A)(1)(b) of this	247
section if the weapon involved is a firearm and it is acquired or	248
used by a person under eighteen years of age in accordance with	249
the lawful circumstances described in division (A)(3) of section	250
2923.21 or in accordance with division (C) of section 2923.212 of	251
the Revised Code.	252

(C) It is not a violation of division (A)(1)(c) of this	253
section if the weapon involved is a firearm and it is acquired or	254
used by a person eighteen years of age or older and under	255
twenty-one years of age in accordance with the lawful	256
circumstances described in division (A)(3) of section 2923.21 or	257
in accordance with division (B) of section 2923.21, division (B)	258
of section 2923.211, or division (C) or (D) of section 2923.212 of	259
the Revised Code.	260

(D) Whoever violates this section is guilty of failure to	261
secure dangerous ordnance or a firearm, a misdemeanor of the	262
~~second~~first degree.	263

Section 2. That existing sections 2151.022, 2152.02, and	264
2923.19 of the Revised Code are hereby repealed.	265

Section 3. That the version of section 2152.02 of the	266
Revised Code that is to take effect on January 1, 2008, be amended	267
to read as follows:	268

Sec. 2152.02. As used in this chapter:

269

(A) "Act charged" means the act that is identified in a	270
complaint, indictment, or information alleging that a child is a	271
delinquent child.	272

(B) "Admitted to a department of youth services facility"	273
includes admission to a facility operated, or contracted for, by	274
the department and admission to a comparable facility outside this	275
state by another state or the United States.	276

(C)(1) "Child" means a person who is under eighteen years of	277
age, except as otherwise provided in divisions (C)(2) to (6) of	278
this section.	279

(2) Subject to division (C)(3) of this section, any person	280
who violates a federal or state law or a municipal ordinance prior	281
to attaining eighteen years of age shall be deemed a "child"	282
irrespective of that person's age at the time the complaint with	283
respect to that violation is filed or the hearing on the complaint	284
is held.	285

(3) Any person who, while under eighteen years of age,	286
commits an act that would be a felony if committed by an adult and	287
who is not taken into custody or apprehended for that act until	288
after the person attains twenty-one years of age is not a child in	289
relation to that act.	290

(4) Any person whose case is transferred for criminal	291
prosecution pursuant to section 2152.12 of the Revised Code shall	292
be deemed after the transfer not to be a child in the transferred	293
case.	294

(5) Any person whose case is transferred for criminal	295
prosecution pursuant to section 2152.12 of the Revised Code and	296
who subsequently is convicted of or pleads guilty to a felony in	297
that case, and any person who is adjudicated a delinquent child	298
for the commission of an act, who has a serious youthful offender	299
dispositional sentence imposed for the act pursuant to section	300
2152.13 of the Revised Code, and whose adult portion of the	301
dispositional sentence is invoked pursuant to section 2152.14 of	302
the Revised Code, shall be deemed after the transfer or invocation	303
not to be a child in any case in which a complaint is filed	304
against the person.	305

(6) The juvenile court has jurisdiction over a person who is	306
adjudicated a delinquent child or juvenile traffic offender prior	307
to attaining eighteen years of age until the person attains	308
twenty-one years of age, and, for purposes of that jurisdiction	309
related to that adjudication, except as otherwise provided in this	310
division, a person who is so adjudicated a delinquent child or	311
juvenile traffic offender shall be deemed a "child" until the	312
person attains twenty-one years of age. If a person is so	313
adjudicated a delinquent child or juvenile traffic offender and	314
the court makes a disposition of the person under this chapter, at	315
any time after the person attains eighteen years of age, the	316
places at which the person may be held under that disposition are	317
not limited to places authorized under this chapter solely for	318
confinement of children, and the person may be confined under that	319
disposition, in accordance with division (F)(2) of section 2152.26	320
of the Revised Code, in places other than those authorized under	321
this chapter solely for confinement of children.	322

(D) "Chronic truant" means any child of compulsory school age	323
who is absent without legitimate excuse for absence from the	324
public school the child is supposed to attend for seven or more	325
consecutive school days, ten or more school days in one school	326
month, or fifteen or more school days in a school year.	327

(E) "Community corrections facility," "public safety beds,"	328
"release authority," and "supervised release" have the same	329
meanings as in section 5139.01 of the Revised Code.	330

(F) "Delinquent child" includes any of the following:

331

(1) Any child, except a juvenile traffic offender, who	332
violates any law of this state or the United States, or any	333
ordinance of a political subdivision of the state, that would be	334
an offense if committed by an adult;	335

(2) Any child who violates any lawful order of the court made	336
under this chapter or under Chapter 2151. of the Revised Code	337
other than an order issued under section 2151.87 of the Revised	338
Code;	339

(3) Any child who violates division (C) of section 2907.39,	340
division (A) of section 2923.211, division (A) of section	341
2923.212, or division (C)(1) or (D) of section 2925.55 of the	342
Revised Code;	343

(4) Any child who is a habitual truant and who previously has	344
been adjudicated an unruly child for being a habitual truant;	345

(5) Any child who is a chronic truant.

346

(G) "Discretionary serious youthful offender" means a person	347
who is eligible for a discretionary SYO and who is not transferred	348
to adult court under a mandatory or discretionary transfer.	349

(H) "Discretionary SYO" means a case in which the juvenile	350
court, in the juvenile court's discretion, may impose a serious	351
youthful offender disposition under section 2152.13 of the Revised	352
Code.	353

(I) "Discretionary transfer" means that the juvenile court	354
has discretion to transfer a case for criminal prosecution under	355
division (B) of section 2152.12 of the Revised Code.	356

(J) "Drug abuse offense," "felony drug abuse offense," and	357
"minor drug possession offense" have the same meanings as in	358
section 2925.01 of the Revised Code.	359

(K) "Electronic monitoring" and "electronic monitoring	360
device" have the same meanings as in section 2929.01 of the	361
Revised Code.	362

(L) "Economic loss" means any economic detriment suffered by	363
a victim of a delinquent act or juvenile traffic offense as a	364
direct and proximate result of the delinquent act or juvenile	365
traffic offense and includes any loss of income due to lost time	366
at work because of any injury caused to the victim and any	367
property loss, medical cost, or funeral expense incurred as a	368
result of the delinquent act or juvenile traffic offense.	369
"Economic loss" does not include non-economic loss or any punitive	370
or exemplary damages.	371

(M) "Firearm" has the same meaning as in section 2923.11 of	372
the Revised Code.	373

(N) "Juvenile traffic offender" means any child who violates	374
any traffic law, traffic ordinance, or traffic regulation of this	375
state, the United States, or any political subdivision of this	376
state, other than a resolution, ordinance, or regulation of a	377
political subdivision of this state the violation of which is	378
required to be handled by a parking violations bureau or a joint	379
parking violations bureau pursuant to Chapter 4521. of the Revised	380
Code.	381

(O) A "legitimate excuse for absence from the public school	382
the child is supposed to attend" has the same meaning as in	383
section 2151.011 of the Revised Code.	384

(P) "Mandatory serious youthful offender" means a person who	385
is eligible for a mandatory SYO and who is not transferred to	386
adult court under a mandatory or discretionary transfer.	387

(Q) "Mandatory SYO" means a case in which the juvenile court	388
is required to impose a mandatory serious youthful offender	389
disposition under section 2152.13 of the Revised Code.	390

(R) "Mandatory transfer" means that a case is required to be	391
transferred for criminal prosecution under division (A) of section	392
2152.12 of the Revised Code.	393

(S) "Mental illness" has the same meaning as in section	394
5122.01 of the Revised Code.	395

(T) "Mentally retarded person" has the same meaning as in	396
section 5123.01 of the Revised Code.	397

(U) "Monitored time" and "repeat violent offender" have the	398
same meanings as in section 2929.01 of the Revised Code.	399

(V) "Of compulsory school age" has the same meaning as in	400
section 3321.01 of the Revised Code.	401

(W) "Public record" has the same meaning as in section 149.43	402
of the Revised Code.	403

(X) "Serious youthful offender" means a person who is	404
eligible for a mandatory SYO or discretionary SYO but who is not	405
transferred to adult court under a mandatory or discretionary	406
transfer.	407

(Y) "Sexually oriented offense," "juvenile offender	408
registrant," "child-victim oriented offense," "tier I sex	409
offender/child-victim offender," "tier II sex	410
offender/child-victim offender," "tier III sex	411
offender/child-victim offender," and "public registry-qualified	412
juvenile offender registrant" have the same meanings as in section	413
2950.01 of the Revised Code.	414

(Z) "Traditional juvenile" means a case that is not	415
transferred to adult court under a mandatory or discretionary	416
transfer, that is eligible for a disposition under sections	417
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	418
that is not eligible for a disposition under section 2152.13 of	419
the Revised Code.	420

(AA) "Transfer" means the transfer for criminal prosecution	421
of a case involving the alleged commission by a child of an act	422
that would be an offense if committed by an adult from the	423
juvenile court to the appropriate court that has jurisdiction of	424
the offense.	425

(BB) "Category one offense" means any of the following:

426

(1) A violation of section 2903.01 or 2903.02 of the Revised	427
Code;	428

(2) A violation of section 2923.02 of the Revised Code	429
involving an attempt to commit aggravated murder or murder.	430

(CC) "Category two offense" means any of the following:

431

(1) A violation of section 2903.03, 2905.01, 2907.02,	432
2909.02, 2911.01, or 2911.11 of the Revised Code;	433

(2) A violation of section 2903.04 of the Revised Code that	434
is a felony of the first degree;	435

(3) A violation of section 2907.12 of the Revised Code as it	436
existed prior to September 3, 1996.	437

(DD) "Non-economic loss" means nonpecuniary harm suffered by	438
a victim of a delinquent act or juvenile traffic offense as a	439
result of or related to the delinquent act or juvenile traffic	440
offense, including, but not limited to, pain and suffering; loss	441
of society, consortium, companionship, care, assistance,	442
attention, protection, advice, guidance, counsel, instruction,	443
training, or education; mental anguish; and any other intangible	444
loss.	445

Section 4. That the version of section 2152.02 of the	446
Revised Code that is to take effect on January 1, 2008, is hereby	447
repealed.	448

Section 5. Sections 3 and 4 of this act shall take effect on	449
January 1, 2008, or the earliest date permitted by law, whichever	450
is later.	451

Section 6. (A) Section 2151.022 of the Revised Code is	452
presented in this act as a composite of the section as amended by	453
both Am. Sub. H.B. 23 and Am. Sub. S.B. 53 of the 126th General	454
Assembly. The General Assembly, applying the principle stated in	455
division (B) of section 1.52 of the Revised Code that amendments	456
are to be harmonized if reasonably capable of simultaneous	457
operation, finds that the composite is the resulting version of	458
the section in effect prior to the effective date of the section	459
as presented in this act.	460

(B) Section 2152.02 of the Revised Code is presented in	461
Section 1 of this act as a composite of the section as amended by	462
both Am. Sub. H.B. 23 and Am. Sub. S.B. 53 of the 126th General	463
Assembly. The General Assembly, applying the principle stated in	464
division (B) of section 1.52 of the Revised Code that amendments	465
are to be harmonized if reasonably capable of simultaneous	466
operation, finds that the composite is the resulting version of	467
the section in effect prior to the effective date of the section	468
as presented in Section 1 of this act.	469

Section 7. This act is hereby declared to be an emergency	470
measure necessary for the immediate preservation of the public	471
peace, health, and safety. The reason for such necessity is that	472
the general prohibition against the possession of a firearm by a	473
person under twenty-one years of age that is enacted in this act	474
is crucially needed to provide increased protection and security	475
for the state's residents in response to a rapid growth in the	476
number of crimes committed by persons under that age that involve	477
the use of firearms. Therefore, this act shall go into immediate	478
effect.	479