Bill Text: OH SB56 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To prohibit a person from negligently leaving a child who is less than five years of age unattended in an automobile.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Introduced - Dead) 2009-02-24 - To Judiciary Criminal Justice [SB56 Detail]

Download: Ohio-2009-SB56-Introduced.html
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 



A BILL
To amend section 2903.04 and to enact section 1
2919.221 of the Revised Code to prohibit a person 2
from negligently leaving a child who is less than 3
five years of age unattended in an automobile.4


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 the11
unlawful termination of another's pregnancy as a proximate result12
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;17

       (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 any23
section contained in Title XLV of the Revised Code that is a minor24
misdemeanor.25

       (C) Whoever violates this section is guilty of involuntary26
manslaughter. Violation of division (A) of this section is a27
felony of the first degree. Violation of division (B) of this28
section is a felony of the third degree.29

       (D) If an offender is convicted of or pleads guilty to a30
violation of division (A) or (B) of this section and if the31
felony, misdemeanor, or regulatory offense that the offender32
committed or attempted to commit, that proximately resulted in the33
death of the other person or the unlawful termination of another's34
pregnancy, and that is the basis of the offender's violation of35
division (A) or (B) of this section was a violation of division36
(A) or (B) of section 4511.19 of the Revised Code or of a37
substantially equivalent municipal ordinance or included, as an38
element of that felony, misdemeanor, or regulatory offense, the39
offender's operation or participation in the operation of a40
snowmobile, locomotive, watercraft, or aircraft while the offender41
was under the influence of alcohol, a drug of abuse, or alcohol42
and a drug of abuse, both of the following apply:43

       (1) The court shall impose a class one suspension of the44
offender's driver's or commercial driver's license or permit or45
nonresident operating privilege as specified in division (A)(1) of46
section 4510.02 of the Revised Code.47

       (2) The court shall impose a mandatory prison term for the48
violation of division (A) or (B) of this section from the range of49
prison terms authorized for the level of the offense under section50
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

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