Bill Text: OH HB294 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To authorize community service or, in certain circumstances, a driver's license suspension as an additional penalty for selling or furnishing beer or liquor to, or buying beer or liquor for, an underage person.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2009-10-06 - To Criminal Justice [HB294 Detail]
Download: Ohio-2009-HB294-Introduced.html
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Representative Bacon
Cosponsors:
Representatives Combs, Derickson, Domenick, Evans, Gardner, Garland, Lehner, Murray, Ruhl, Stebelton, Wagner
| To amend section 4301.99 of the Revised Code to | 1 |
| authorize community service or, in certain | 2 |
| circumstances, a driver's license suspension as an | 3 |
| additional penalty for selling or furnishing beer | 4 |
| or liquor to, or buying beer or liquor for, an | 5 |
| underage person. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4301.99 of the Revised Code be | 7 |
| amended to read as follows: | 8 |
| Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48, | 9 |
| 4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 | 10 |
| or division (B) of section 4301.691 of the Revised Code is guilty | 11 |
| of a minor misdemeanor. | 12 |
| (B) Whoever violates section 4301.15, division (A)(2) or (C) | 13 |
| of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) | 14 |
| of section 4301.631, or section 4301.64 or 4301.67 of the Revised | 15 |
| Code is guilty of a misdemeanor of the fourth degree. | 16 |
| If an offender who violates section 4301.64 of the Revised | 17 |
| Code was under the age of eighteen years at the time of the | 18 |
| offense, the court, in addition to any other penalties it imposes | 19 |
| upon the offender, shall suspend the offender's temporary | 20 |
| instruction permit, probationary driver's license, or driver's | 21 |
| license for a period of not less than six months and not more than | 22 |
| one year. If the offender is fifteen years and six months of age | 23 |
| or older and has not been issued a temporary instruction permit or | 24 |
| probationary driver's license, the offender shall not be eligible | 25 |
| to be issued such a license or permit for a period of six months. | 26 |
| If the offender has not attained the age of fifteen years and six | 27 |
| months, the offender shall not be eligible to be issued a | 28 |
| temporary instruction permit until the offender attains the age of | 29 |
| sixteen years. | 30 |
| (C) Whoever violates division (D) of section 4301.21, | 31 |
| section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, | 32 |
| 4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F) of | 33 |
| section 4301.69, or division (C), (D), (E), (F), (G), or (I) of | 34 |
| section 4301.691 of the Revised Code is guilty of a misdemeanor of | 35 |
| the first degree. | 36 |
| If an offender who violates division (E)(1) of section | 37 |
| 4301.69 of the Revised Code was under the age of eighteen years at | 38 |
| the time of the offense and the offense occurred while the | 39 |
| offender was the operator of or a passenger in a motor vehicle, | 40 |
| the court, in addition to any other penalties it imposes upon the | 41 |
| offender, shall suspend the offender's temporary instruction | 42 |
| permit or probationary driver's license for a period of not less | 43 |
| than six months and not more than one year. If the offender is | 44 |
| fifteen years and six months of age or older and has not been | 45 |
| issued a temporary instruction permit or probationary driver's | 46 |
| license, the offender shall not be eligible to be issued such a | 47 |
| license or permit for a period of six months. If the offender has | 48 |
| not attained the age of fifteen years and six months, the offender | 49 |
| shall not be eligible to be issued a temporary instruction permit | 50 |
| until the offender attains the age of sixteen years. | 51 |
| (D) Whoever violates division (B) of section 4301.14, or | 52 |
| division (A)(1) or (3) or (B) of section 4301.22 of the Revised | 53 |
| Code is guilty of a misdemeanor of the third degree. | 54 |
| (E) Whoever violates section 4301.63 or division (B) of | 55 |
| section 4301.631 of the Revised Code shall be fined not less than | 56 |
| twenty-five nor more than one hundred dollars. The court imposing | 57 |
| a fine for a violation of section 4301.63 or division (B) of | 58 |
| section 4301.631 of the Revised Code may order that the fine be | 59 |
| paid by the performance of public work at a reasonable hourly rate | 60 |
| established by the court. The court shall designate the time | 61 |
| within which the public work shall be completed. | 62 |
| (F)(1) Whoever violates section 4301.634 of the Revised Code | 63 |
| is guilty of a misdemeanor of the first degree. If, in committing | 64 |
| a first violation of that section, the offender presented to the | 65 |
| permit holder or the permit holder's employee or agent a false, | 66 |
| fictitious, or altered identification card, a false or fictitious | 67 |
| driver's license purportedly issued by any state, or a driver's | 68 |
| license issued by any state that has been altered, the offender is | 69 |
| guilty of a misdemeanor of the first degree and shall be fined not | 70 |
| less than two hundred fifty and not more than one thousand | 71 |
| dollars, and may be sentenced to a term of imprisonment of not | 72 |
| more than six months. | 73 |
| (2) On a second violation in which, for the second time, the | 74 |
| offender presented to the permit holder or the permit holder's | 75 |
| employee or agent a false, fictitious, or altered identification | 76 |
| card, a false or fictitious driver's license purportedly issued by | 77 |
| any state, or a driver's license issued by any state that has been | 78 |
| altered, the offender is guilty of a misdemeanor of the first | 79 |
| degree and shall be fined not less than five hundred nor more than | 80 |
| one thousand dollars, and may be sentenced to a term of | 81 |
| imprisonment of not more than six months. The court also may | 82 |
| impose a class seven suspension of the offender's driver's or | 83 |
| commercial driver's license or permit or nonresident operating | 84 |
| privilege from the range specified in division (A)(7) of section | 85 |
| 4510.02 of the Revised Code. | 86 |
| (3) On a third or subsequent violation in which, for the | 87 |
| third or subsequent time, the offender presented to the permit | 88 |
| holder or the permit holder's employee or agent a false, | 89 |
| fictitious, or altered identification card, a false or fictitious | 90 |
| driver's license purportedly issued by any state, or a driver's | 91 |
| license issued by any state that has been altered, the offender is | 92 |
| guilty of a misdemeanor of the first degree and shall be fined not | 93 |
| less than five hundred nor more than one thousand dollars, and may | 94 |
| be sentenced to a term of imprisonment of not more than six | 95 |
| months. The court also shall impose a class six suspension of the | 96 |
| offender's driver's or commercial driver's license or permit or | 97 |
| nonresident operating privilege from the range specified in | 98 |
| division (A)(6) of section 4510.02 of the Revised Code, and the | 99 |
| court may order that the suspension or denial remain in effect | 100 |
| until the offender attains the age of twenty-one years. The court | 101 |
| also may order the offender to perform a determinate number of | 102 |
| hours of community service, with the court determining the actual | 103 |
| number of hours and the nature of the community service the | 104 |
| offender shall perform. | 105 |
| (G) Whoever violates section 4301.636 of the Revised Code is | 106 |
| guilty of a felony of the fifth degree. | 107 |
| (H) Whoever violates division (A)(1) of section 4301.22 of | 108 |
| the Revised Code is guilty of a misdemeanor, shall be fined not | 109 |
| less than five hundred and not more than one thousand dollars, | 110 |
| and, in addition to the fine, may be imprisoned for a definite | 111 |
| term of not more than sixty days. | 112 |
| (I)(1) Whoever violates division (A) of section 4301.69 | 113 |
| 114 | |
| a misdemeanor, shall be fined not less than five hundred and not | 115 |
| more than one thousand dollars, and, in addition to the fine, may | 116 |
| be imprisoned for a definite term of not more than six months. | 117 |
| (2) Except as provided in division (I)(3) of this section, in | 118 |
| addition to the penalty described in division (I)(1) of this | 119 |
| section, the court that sentences an offender for a violation of | 120 |
| division (A) of section 4301.69 of the Revised Code may do any of | 121 |
| the following that are applicable to the offender: | 122 |
| (a) The court may impose upon the offender a term of | 123 |
| community service of up to five hundred hours pursuant to division | 124 |
| (A)(3) of section 2929.27 of the Revised Code. | 125 |
| (b) If the underage person to whom the offender sold the beer | 126 |
| or intoxicating liquor, for whom the offender bought the beer or | 127 |
| intoxicating liquor, or to whom the offender furnished the beer or | 128 |
| intoxicating liquor in violation of division (A) of section | 129 |
| 4301.69 of the Revised Code commits any moving violation, as | 130 |
| defined in section 2743.70 of the Revised Code, as a proximate | 131 |
| result of the offender's violation of division (A) of section | 132 |
| 4301.69 of the Revised Code, the court may suspend for not more | 133 |
| than one hundred eighty days the offender's driver's license, | 134 |
| commercial driver's license, temporary instruction permit, or | 135 |
| nonresident operating privilege. A court that imposes a suspension | 136 |
| pursuant to this division may grant the offender limited driving | 137 |
| privileges as permitted by section 4510.021 of the Revised Code. | 138 |
| (3) Division (I)(2) of this section does not apply to a | 139 |
| permit holder, an employee or agent of a permit holder, or a | 140 |
| volunteer serving a permit holder for charitable purposes who | 141 |
| violates division (A) of section 4301.69 of the Revised Code by | 142 |
| selling beer or intoxicating liquor to an underage person, buying | 143 |
| beer or intoxicating liquor for an underage person, or furnishing | 144 |
| beer or intoxicating liquor for an underage person, if either of | 145 |
| the following applies: | 146 |
| (a) Regarding a permit holder, the permit holder sold, | 147 |
| bought, or furnished the beer or intoxicating liquor in the | 148 |
| specified manner in the performance of the permit holder's duties | 149 |
| as permit holder. | 150 |
| (b) Regarding an employee, agent, or volunteer, the employee, | 151 |
| agent, or volunteer sold, bought, or furnished the beer or | 152 |
| intoxicating liquor in the specified manner in the course of | 153 |
| employment or volunteer service for the permit holder. | 154 |
| (J) Whoever violates division (H) of section 4301.691 of the | 155 |
| Revised Code is guilty of a misdemeanor, shall be fined not less | 156 |
| than five hundred and not more than one thousand dollars, and, in | 157 |
| addition to the fine, may be imprisoned for a definite term of not | 158 |
| more than six months. | 159 |
| (K) Whoever violates division (B) of section 4301.65 of the | 160 |
| Revised Code is guilty of a misdemeanor of the third degree. For a | 161 |
| second or subsequent violation occurring within a period of five | 162 |
| consecutive years after the first violation, a person is guilty of | 163 |
| a misdemeanor of the first degree. | 164 |
| Section 2. That existing section 4301.99 of the Revised Code | 165 |
| is hereby repealed. | 166 |
