H. B. No. 85 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 85

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	12
amended and section 2923.212 of the Revised Code be enacted to	13
read as follows:	14

Sec. 2151.022. As used in this chapter, "unruly child"	15
includes any of the following:	16

(A) Any child who does not submit to the reasonable control	17
of the child's parents, teachers, guardian, or custodian, by	18
reason of being wayward or habitually disobedient;	19

(B) Any child who is an habitual truant from school and who	20
previously has not been adjudicated an unruly child for being an	21
habitual truant;	22

(C) Any child who behaves in a manner as to injure or	23
endanger the child's own health or morals or the health or morals	24
of others;	25

(D) Any child who violates a law, other than division (C) of	26
section 2907.39, division (A) of section 2923.211, division (A) of	27
section 2923.212, division (C)(1) or (D) of section 2925.55, or	28
section 2151.87 of the Revised Code, that is applicable only to a	29
child.	30

Sec. 2152.02. As used in this chapter:

(A) "Act charged" means the act that is identified in a	32
complaint, indictment, or information alleging that a child is a	33
delinquent child.	34

(B) "Admitted to a department of youth services facility"	35
includes admission to a facility operated, or contracted for, by	36
the department and admission to a comparable facility outside this	37
state by another state or the United States.	38

(C)(1) "Child" means a person who is under eighteen years of	39
age, except as otherwise provided in divisions (C)(2) to (6) of	40
this section.	41

(2) Subject to division (C)(3) of this section, any person	42
who violates a federal or state law or a municipal ordinance prior	43
to attaining eighteen years of age shall be deemed a "child"	44
irrespective of that person's age at the time the complaint with	45
respect to that violation is filed or the hearing on the complaint	46
is held.	47

(3) Any person who, while under eighteen years of age,	48
commits an act that would be a felony if committed by an adult and	49
who is not taken into custody or apprehended for that act until	50
after the person attains twenty-one years of age is not a child in	51
relation to that act.	52

(4) Any person whose case is transferred for criminal	53
prosecution pursuant to section 2152.12 of the Revised Code shall	54
be deemed after the transfer not to be a child in the transferred	55
case.	56

(5) Any person whose case is transferred for criminal	57
prosecution pursuant to section 2152.12 of the Revised Code and	58
who subsequently is convicted of or pleads guilty to a felony in	59
that case, and any person who is adjudicated a delinquent child	60
for the commission of an act, who has a serious youthful offender	61
dispositional sentence imposed for the act pursuant to section	62
2152.13 of the Revised Code, and whose adult portion of the	63
dispositional sentence is invoked pursuant to section 2152.14 of	64
the Revised Code, shall be deemed after the transfer or invocation	65
not to be a child in any case in which a complaint is filed	66
against the person.	67

(6) The juvenile court has jurisdiction over a person who is	68
adjudicated a delinquent child or juvenile traffic offender prior	69
to attaining eighteen years of age until the person attains	70
twenty-one years of age, and, for purposes of that jurisdiction	71
related to that adjudication, except as otherwise provided in this	72
division, a person who is so adjudicated a delinquent child or	73
juvenile traffic offender shall be deemed a "child" until the	74
person attains twenty-one years of age. If a person is so	75
adjudicated a delinquent child or juvenile traffic offender and	76
the court makes a disposition of the person under this chapter, at	77
any time after the person attains eighteen years of age, the	78
places at which the person may be held under that disposition are	79
not limited to places authorized under this chapter solely for	80
confinement of children, and the person may be confined under that	81
disposition, in accordance with division (F)(2) of section 2152.26	82
of the Revised Code, in places other than those authorized under	83
this chapter solely for confinement of children.	84

(D) "Chronic truant" means any child of compulsory school age	85
who is absent without legitimate excuse for absence from the	86
public school the child is supposed to attend for seven or more	87
consecutive school days, ten or more school days in one school	88
month, or fifteen or more school days in a school year.	89

(E) "Community corrections facility," "public safety beds,"	90
"release authority," and "supervised release" have the same	91
meanings as in section 5139.01 of the Revised Code.	92

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

(1) Any child, except a juvenile traffic offender, who	94
violates any law of this state or the United States, or any	95
ordinance of a political subdivision of the state, that would be	96
an offense if committed by an adult;	97

(2) Any child who violates any lawful order of the court made	98
under this chapter or under Chapter 2151. of the Revised Code	99
other than an order issued under section 2151.87 of the Revised	100
Code;	101

(3) Any child who violates division (C) of section 2907.39,	102
division (A) of section 2923.211, division (A) of section	103
2923.212, or division (C)(1) or (D) of section 2925.55 of the	104
Revised Code;	105

(4) Any child who is a habitual truant and who previously has	106
been adjudicated an unruly child for being a habitual truant;	107

(5) Any child who is a chronic truant.

108

(G) "Discretionary serious youthful offender" means a person	109
who is eligible for a discretionary SYO and who is not transferred	110
to adult court under a mandatory or discretionary transfer.	111

(H) "Discretionary SYO" means a case in which the juvenile	112
court, in the juvenile court's discretion, may impose a serious	113
youthful offender disposition under section 2152.13 of the Revised	114
Code.	115

(I) "Discretionary transfer" means that the juvenile court	116
has discretion to transfer a case for criminal prosecution under	117
division (B) of section 2152.12 of the Revised Code.	118

(J) "Drug abuse offense," "felony drug abuse offense," and	119
"minor drug possession offense" have the same meanings as in	120
section 2925.01 of the Revised Code.	121

(K) "Electronic monitoring" and "electronic monitoring	122
device" have the same meanings as in section 2929.01 of the	123
Revised Code.	124

(L) "Economic loss" means any economic detriment suffered by	125
a victim of a delinquent act or juvenile traffic offense as a	126
direct and proximate result of the delinquent act or juvenile	127
traffic offense and includes any loss of income due to lost time	128
at work because of any injury caused to the victim and any	129
property loss, medical cost, or funeral expense incurred as a	130
result of the delinquent act or juvenile traffic offense.	131
"Economic loss" does not include non-economic loss or any punitive	132
or exemplary damages.	133

(M) "Firearm" has the same meaning as in section 2923.11 of	134
the Revised Code.	135

(N) "Juvenile traffic offender" means any child who violates	136
any traffic law, traffic ordinance, or traffic regulation of this	137
state, the United States, or any political subdivision of this	138
state, other than a resolution, ordinance, or regulation of a	139
political subdivision of this state the violation of which is	140
required to be handled by a parking violations bureau or a joint	141
parking violations bureau pursuant to Chapter 4521. of the Revised	142
Code.	143

(O) A "legitimate excuse for absence from the public school	144
the child is supposed to attend" has the same meaning as in	145
section 2151.011 of the Revised Code.	146

(P) "Mandatory serious youthful offender" means a person who	147
is eligible for a mandatory SYO and who is not transferred to	148
adult court under a mandatory or discretionary transfer.	149

(Q) "Mandatory SYO" means a case in which the juvenile court	150
is required to impose a mandatory serious youthful offender	151
disposition under section 2152.13 of the Revised Code.	152

(R) "Mandatory transfer" means that a case is required to be	153
transferred for criminal prosecution under division (A) of section	154
2152.12 of the Revised Code.	155

(S) "Mental illness" has the same meaning as in section	156
5122.01 of the Revised Code.	157

(T) "Mentally retarded person" has the same meaning as in	158
section 5123.01 of the Revised Code.	159

(U) "Monitored time" and "repeat violent offender" have the	160
same meanings as in section 2929.01 of the Revised Code.	161

(V) "Of compulsory school age" has the same meaning as in	162
section 3321.01 of the Revised Code.	163

(W) "Public record" has the same meaning as in section 149.43	164
of the Revised Code.	165

(X) "Serious youthful offender" means a person who is	166
eligible for a mandatory SYO or discretionary SYO but who is not	167
transferred to adult court under a mandatory or discretionary	168
transfer.	169

(Y) "Sexually oriented offense," "juvenile offender	170
registrant," "child-victim oriented offense," "tier I sex	171
offender/child-victim offender," "tier II sex	172
offender/child-victim offender," "tier III sex	173
offender/child-victim offender," and "public registry-qualified	174
juvenile offender registrant" have the same meanings as in section	175
2950.01 of the Revised Code.	176

(Z) "Traditional juvenile" means a case that is not	177
transferred to adult court under a mandatory or discretionary	178
transfer, that is eligible for a disposition under sections	179
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	180
that is not eligible for a disposition under section 2152.13 of	181
the Revised Code.	182

(AA) "Transfer" means the transfer for criminal prosecution	183
of a case involving the alleged commission by a child of an act	184
that would be an offense if committed by an adult from the	185
juvenile court to the appropriate court that has jurisdiction of	186
the offense.	187

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

188

(1) A violation of section 2903.01 or 2903.02 of the Revised	189
Code;	190

(2) A violation of section 2923.02 of the Revised Code	191
involving an attempt to commit aggravated murder or murder.	192

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

193

(1) A violation of section 2903.03, 2905.01, 2907.02,	194
2909.02, 2911.01, or 2911.11 of the Revised Code;	195

(2) A violation of section 2903.04 of the Revised Code that	196
is a felony of the first degree;	197

(3) A violation of section 2907.12 of the Revised Code as it	198
existed prior to September 3, 1996.	199

(DD) "Non-economic loss" means nonpecuniary harm suffered by	200
a victim of a delinquent act or juvenile traffic offense as a	201
result of or related to the delinquent act or juvenile traffic	202
offense, including, but not limited to, pain and suffering; loss	203
of society, consortium, companionship, care, assistance,	204
attention, protection, advice, guidance, counsel, instruction,	205
training, or education; mental anguish; and any other intangible	206
loss.	207

Sec. 2923.19. (A) No person, in acquiring, possessing,	208
carrying, or using any dangerous ordnance or firearm, shall	209
negligently fail to take proper precautions:	210

(1) To secure the dangerous ordnance or firearm against	211
theft, or against its acquisition or use by any of the following:	212

(a) An unauthorized or incompetent person;

213

(b) A person under eighteen years of age;

214

(c) A person eighteen years of age or older and under	215
twenty-one years of age.	216

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

217

(B) It is not a violation of division (A)(1)(b) of this	218
section if the weapon involved is a firearm and it is acquired or	219
used by a person under eighteen years of age in accordance with	220
the lawful circumstances described in division (A)(3) of section	221
2923.21 of the Revised Code or in accordance with division (C) of	222
section 2923.212 of the Revised Code.	223

(C) It is not a violation of division (A)(1)(c) of this	224
section if the weapon involved is a firearm and it is acquired or	225
used by a person eighteen years of age or older and under	226
twenty-one years of age in accordance with the lawful	227
circumstances described in division (A)(3) of section 2923.21 of	228
the Revised Code or in accordance with division (B) of section	229
2923.21, division (B) of section 2923.211 , or division (C) or	230
(D) of section 2923.212 of the Revised Code.	231

(D) Whoever violates this section is guilty of failure to	232
secure dangerous ordnance or a firearm, a misdemeanor of the	233
~~second~~first degree.	234

Sec. 2923.212. (A) No person under eighteen years of age	235
shall knowingly possess a firearm.	236

(B) No person eighteen years of age or older and under	237
twenty-one years of age shall knowingly possess a firearm.	238

(C) Division (A) of this section does not apply to the	239
possession of a firearm by a person under eighteen years of age	240
and division (B) of this section does not apply to the possession	241
of a firearm by a person eighteen years of age or older and under	242
twenty-one years of age if the person under eighteen years of age	243
or the person eighteen years of age or older and under twenty-one	244
years of age, whichever is applicable, possesses the firearm under	245
the supervision or control of a responsible adult who is	246
twenty-one years of age or older for lawful hunting, sporting, or	247
educational purposes, including, but not limited to, instruction	248
in firearms or handgun safety, care, handling, or marksmanship.	249

(D) Division (B) of this section does not apply to a person	250
eighteen years of age or older and under twenty-one years of age	251
if the person is a law enforcement officer who is properly	252
appointed or employed as a law enforcement officer and has	253
received firearms training approved by the Ohio peace officer	254
training council or equivalent firearms training.	255

(E) Whoever violates division (A) of this section is guilty	256
of juvenile possession of a firearm, a delinquent act that would	257
be a misdemeanor of the first degree if it could be committed by	258
an adult. Whoever violates division (B) of this section is guilty	259
of underage possession of a firearm, a misdemeanor of the first	260
degree.	261

Section 2. That existing sections 2151.022, 2152.02, and	262
2923.19 of the Revised Code are hereby repealed.	263

Section 3. Section 2151.022 of the Revised Code is presented	264
in this act as a composite of the section as amended by both Am.	265
Sub. H.B. 23 and Am. Sub. S.B. 53 of the 126th General Assembly.	266
The General Assembly, applying the principle stated in division	267
(B) of section 1.52 of the Revised Code that amendments are to be	268
harmonized if reasonably capable of simultaneous operation, finds	269
that the composite is the resulting version of the section in	270
effect prior to the effective date of the section as presented in	271
this act.	272

Section 4. This act is hereby declared to be an emergency	273
measure necessary for the immediate preservation of the public	274
peace, health, and safety. The reason for such necessity is that	275
the general prohibition against the possession of a firearm by a	276
person under twenty-one years of age that is enacted in this act	277
is crucially needed to provide increased protection and security	278
for the state's residents in response to a rapid growth in the	279
number of crimes committed by persons under that age that involve	280
the use of firearms. Therefore, this act shall go into immediate	281
effect.	282