As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 56

Senator Niehaus 

Cosponsors: Senators Hughes, Carey, Fedor, Miller, D., Wagoner, Patton, Schuler 

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A BILL

To amend section 2903.04 and to enact section

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2919.221 of the Revised Code to prohibit a person

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from negligently leaving a child who is less than

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five years of age unattended in an automobile.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2903.04 be amended and section	5
2919.221 of the Revised Code be enacted to read as follows:	6

Sec. 2903.04.  (A) No person shall cause the death of another	7
or the unlawful termination of another's pregnancy as a proximate	8
result of the offender's committing or attempting to commit a	9
felony.	10

(B) No person shall cause the death of another or the	11
unlawful termination of another's pregnancy as a proximate result	12
of the offender's committing or attempting to commit aany of the	13
following:	14

(1) A misdemeanor of any degree, aother than a violation of	15
section 2919.221 of the Revised Code;	16

(2) A regulatory offense, or a;

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(3) A minor misdemeanor other than a violation of section	18
2919.221 of the Revised Code, other than a violation of any	19
section contained in Title XLV of the Revised Code that is a minor	20
misdemeanor, and other than a violation of an ordinance of a	21
municipal corporation that, regardless of the penalty set by	22
ordinance for the violation, is substantially equivalent to any	23
section contained in Title XLV of the Revised Code that is a minor	24
misdemeanor.	25

(C) Whoever violates this section is guilty of involuntary	26
manslaughter. Violation of division (A) of this section is a	27
felony of the first degree. Violation of division (B) of this	28
section is a felony of the third degree.	29

(D) If an offender is convicted of or pleads guilty to a	30
violation of division (A) or (B) of this section and if the	31
felony, misdemeanor, or regulatory offense that the offender	32
committed or attempted to commit, that proximately resulted in the	33
death of the other person or the unlawful termination of another's	34
pregnancy, and that is the basis of the offender's violation of	35
division (A) or (B) of this section was a violation of division	36
(A) or (B) of section 4511.19 of the Revised Code or of a	37
substantially equivalent municipal ordinance or included, as an	38
element of that felony, misdemeanor, or regulatory offense, the	39
offender's operation or participation in the operation of a	40
snowmobile, locomotive, watercraft, or aircraft while the offender	41
was under the influence of alcohol, a drug of abuse, or alcohol	42
and a drug of abuse, both of the following apply:	43

(1) The court shall impose a class one suspension of the	44
offender's driver's or commercial driver's license or permit or	45
nonresident operating privilege as specified in division (A)(1) of	46
section 4510.02 of the Revised Code.	47

(2) The court shall impose a mandatory prison term for the	48
violation of division (A) or (B) of this section from the range of	49
prison terms authorized for the level of the offense under section	50
2929.14 of the Revised Code.	51

Sec. 2919.221.  (A) As used in this section, "automobile"	52
means a passenger car, truck, or other motorized vehicle having	53
an enclosed passenger compartment.	54

(B) No person shall negligently leave a child who is less	55
than five years of age unattended in an automobile.	56

(C) Whoever violates this section is guilty of leaving a	57
child unattended in an automobile. Except as otherwise provided in	58
this division, leaving a child unattended in an automobile is a	59
minor misdemeanor. If a child suffers serious physical harm as a	60
result of a violation of this section, leaving a child unattended	61
in an automobile is a misdemeanor of the third degree. If a child	62
dies as a result of a violation of this section, leaving a child	63
unattended in an automobile is a misdemeanor of the first degree.	64

Section 2. That existing section 2903.04 of the Revised Code	65
is hereby repealed.	66