Bill Title: To prohibit a minor, by use of a telecommunications device, from knowingly sharing, exchanging, sending, or posting a photograph, video, or other material that shows a minor in a state of nudity and to define a state of nudity for purposes of this prohibition, to limit the offense of "illegal use of a minor in a nudity-oriented material or performance" to acts committed by persons 18 years of age or older, and to prohibit a minor from committing by means other than a telecommunications device delinquent acts that would be the offense of "illegal use of a minor in a nudity-oriented material or performance" if committed by an adult.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2011-02-01 - To Criminal Justice
[HB80 Detail]Download: Ohio-2011-HB80-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
| |
Cosponsors:
Representatives Antonio, Fende, Murray, Phillips, Yuko
A BILL
| To amend sections 2151.022, 2152.02, and 2907.323 and | 1 |
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to enact section 2907.324 of the Revised Code to | 2 |
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prohibit a minor, by use of a telecommunications | 3 |
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device, from knowingly sharing, exchanging, | 4 |
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sending, or posting a photograph, video, or other | 5 |
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material that shows a minor in a state of nudity | 6 |
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and to define a state of nudity for purposes of | 7 |
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this prohibition, to limit the offense of "illegal | 8 |
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use of a minor in a nudity-oriented material or | 9 |
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performance" to acts committed by persons 18 years | 10 |
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of age or older, and to prohibit a minor from | 11 |
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committing by means other than a | 12 |
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telecommunications device delinquent acts that | 13 |
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would be the offense of "illegal use of a minor in | 14 |
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a nudity-oriented material or performance" if | 15 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2151.022, 2152.02, and 2907.323 be | 17 |
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amended and section 2907.324 of the Revised Code be enacted to | 18 |
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read as follows: | 19 |
| Sec. 2151.022. As used in this chapter, "unruly child" | 20 |
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includes any of the following: | 21 |
| (A) Any child who does not submit to the reasonable control | 22 |
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of the child's parents, teachers, guardian, or custodian, by | 23 |
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reason of being wayward or habitually disobedient; | 24 |
| (B) Any child who is an habitual truant from school and who | 25 |
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previously has not been adjudicated an unruly child for being an | 26 |
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habitual truant; | 27 |
| (C) Any child who behaves in a manner as to injure or | 28 |
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endanger the child's own health or morals or the health or morals | 29 |
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of others; | 30 |
| (D) Any child who violates a law, other than division | 31 |
| (A)(1)(b), (B)(2), (C), or (D)(2) of section 2907.324, division | 32 |
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(C) of section 2907.39, division (A) of section 2923.211, division | 33 |
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(C)(1) or (D) of section 2925.55, or section 2151.87 of the | 34 |
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Revised Code, that is applicable only to a child. | 35 |
| Sec. 2152.02. As used in this chapter: | 36 |
| (A) "Act charged" means the act that is identified in a | 37 |
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complaint, indictment, or information alleging that a child is a | 38 |
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delinquent child. | 39 |
| (B) "Admitted to a department of youth services facility" | 40 |
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includes admission to a facility operated, or contracted for, by | 41 |
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the department and admission to a comparable facility outside this | 42 |
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state by another state or the United States. | 43 |
| (C)(1) "Child" means a person who is under eighteen years of | 44 |
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age, except as otherwise provided in divisions (C)(2) to (7) of | 45 |
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this section. | 46 |
| (2) Subject to division (C)(3) of this section, any person | 47 |
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who violates a federal or state law or a municipal ordinance prior | 48 |
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to attaining eighteen years of age shall be deemed a "child" | 49 |
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irrespective of that person's age at the time the complaint with | 50 |
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respect to that violation is filed or the hearing on the complaint | 51 |
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is held. | 52 |
| (3) Any person who, while under eighteen years of age, | 53 |
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commits an act that would be a felony if committed by an adult and | 54 |
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who is not taken into custody or apprehended for that act until | 55 |
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after the person attains twenty-one years of age is not a child in | 56 |
|
relation to that act. | 57 |
| (4) Any person whose case is transferred for criminal | 58 |
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prosecution pursuant to section 2152.12 of the Revised Code shall | 59 |
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be deemed after the transfer not to be a child in the transferred | 60 |
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case. | 61 |
| (5) Any person whose case is transferred for criminal | 62 |
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prosecution pursuant to section 2152.12 of the Revised Code and | 63 |
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who subsequently is convicted of or pleads guilty to a felony in | 64 |
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that case, and any person who is adjudicated a delinquent child | 65 |
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for the commission of an act, who has a serious youthful offender | 66 |
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dispositional sentence imposed for the act pursuant to section | 67 |
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2152.13 of the Revised Code, and whose adult portion of the | 68 |
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dispositional sentence is invoked pursuant to section 2152.14 of | 69 |
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the Revised Code, shall be deemed after the transfer or invocation | 70 |
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not to be a child in any case in which a complaint is filed | 71 |
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against the person. | 72 |
| (6) The juvenile court has jurisdiction over a person who is | 73 |
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adjudicated a delinquent child or juvenile traffic offender prior | 74 |
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to attaining eighteen years of age until the person attains | 75 |
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twenty-one years of age, and, for purposes of that jurisdiction | 76 |
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related to that adjudication, except as otherwise provided in this | 77 |
|
division, a person who is so adjudicated a delinquent child or | 78 |
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juvenile traffic offender shall be deemed a "child" until the | 79 |
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person attains twenty-one years of age. If a person is so | 80 |
|
adjudicated a delinquent child or juvenile traffic offender and | 81 |
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the court makes a disposition of the person under this chapter, at | 82 |
|
any time after the person attains eighteen years of age, the | 83 |
|
places at which the person may be held under that disposition are | 84 |
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not limited to places authorized under this chapter solely for | 85 |
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confinement of children, and the person may be confined under that | 86 |
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disposition, in accordance with division (F)(2) of section 2152.26 | 87 |
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of the Revised Code, in places other than those authorized under | 88 |
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this chapter solely for confinement of children. | 89 |
| (7) Any person who, while eighteen years of age, violates | 90 |
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division (A)(1) or (2) of section 2919.27 of the Revised Code by | 91 |
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violating a protection order issued or consent agreement approved | 92 |
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under section 2151.34 or 3113.31 of the Revised Code shall be | 93 |
|
considered a child for the purposes of that violation of section | 94 |
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2919.27 of the Revised Code. | 95 |
| (D) "Chronic truant" means any child of compulsory school age | 96 |
|
who is absent without legitimate excuse for absence from the | 97 |
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public school the child is supposed to attend for seven or more | 98 |
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consecutive school days, ten or more school days in one school | 99 |
|
month, or fifteen or more school days in a school year. | 100 |
| (E) "Community corrections facility," "public safety beds," | 101 |
|
"release authority," and "supervised release" have the same | 102 |
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meanings as in section 5139.01 of the Revised Code. | 103 |
| (F) "Delinquent child" includes any of the following: | 104 |
| (1) Any child, except a juvenile traffic offender, who | 105 |
|
violates any law of this state or the United States, or any | 106 |
|
ordinance of a political subdivision of the state, that would be | 107 |
|
an offense if committed by an adult; | 108 |
| (2) Any child who violates any lawful order of the court made | 109 |
|
under this chapter or under Chapter 2151. of the Revised Code | 110 |
|
other than an order issued under section 2151.87 of the Revised | 111 |
|
Code; | 112 |
| (3) Any child who violates division (A)(1)(b), (B)(2), (C), | 113 |
|
or (D)(2) of section 2907.324, division (C) of section 2907.39, | 114 |
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division (A) of section 2923.211, or division (C)(1) or (D) of | 115 |
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section 2925.55 of the Revised Code; | 116 |
| (4) Any child who is a habitual truant and who previously has | 117 |
|
been adjudicated an unruly child for being a habitual truant; | 118 |
| (5) Any child who is a chronic truant. | 119 |
| (G) "Discretionary serious youthful offender" means a person | 120 |
|
who is eligible for a discretionary SYO and who is not transferred | 121 |
|
to adult court under a mandatory or discretionary transfer. | 122 |
| (H) "Discretionary SYO" means a case in which the juvenile | 123 |
|
court, in the juvenile court's discretion, may impose a serious | 124 |
|
youthful offender disposition under section 2152.13 of the Revised | 125 |
|
Code. | 126 |
| (I) "Discretionary transfer" means that the juvenile court | 127 |
|
has discretion to transfer a case for criminal prosecution under | 128 |
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division (B) of section 2152.12 of the Revised Code. | 129 |
| (J) "Drug abuse offense," "felony drug abuse offense," and | 130 |
|
"minor drug possession offense" have the same meanings as in | 131 |
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section 2925.01 of the Revised Code. | 132 |
| (K) "Electronic monitoring" and "electronic monitoring | 133 |
|
device" have the same meanings as in section 2929.01 of the | 134 |
|
Revised Code. | 135 |
| (L) "Economic loss" means any economic detriment suffered by | 136 |
|
a victim of a delinquent act or juvenile traffic offense as a | 137 |
|
direct and proximate result of the delinquent act or juvenile | 138 |
|
traffic offense and includes any loss of income due to lost time | 139 |
|
at work because of any injury caused to the victim and any | 140 |
|
property loss, medical cost, or funeral expense incurred as a | 141 |
|
result of the delinquent act or juvenile traffic offense. | 142 |
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"Economic loss" does not include non-economic loss or any punitive | 143 |
|
or exemplary damages. | 144 |
| (M) "Firearm" has the same meaning as in section 2923.11 of | 145 |
|
the Revised Code. | 146 |
| (N) "Juvenile traffic offender" means any child who violates | 147 |
|
any traffic law, traffic ordinance, or traffic regulation of this | 148 |
|
state, the United States, or any political subdivision of this | 149 |
|
state, other than a resolution, ordinance, or regulation of a | 150 |
|
political subdivision of this state the violation of which is | 151 |
|
required to be handled by a parking violations bureau or a joint | 152 |
|
parking violations bureau pursuant to Chapter 4521. of the Revised | 153 |
|
Code. | 154 |
| (O) A "legitimate excuse for absence from the public school | 155 |
|
the child is supposed to attend" has the same meaning as in | 156 |
|
section 2151.011 of the Revised Code. | 157 |
| (P) "Mandatory serious youthful offender" means a person who | 158 |
|
is eligible for a mandatory SYO and who is not transferred to | 159 |
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adult court under a mandatory or discretionary transfer. | 160 |
| (Q) "Mandatory SYO" means a case in which the juvenile court | 161 |
|
is required to impose a mandatory serious youthful offender | 162 |
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disposition under section 2152.13 of the Revised Code. | 163 |
| (R) "Mandatory transfer" means that a case is required to be | 164 |
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transferred for criminal prosecution under division (A) of section | 165 |
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2152.12 of the Revised Code. | 166 |
| (S) "Mental illness" has the same meaning as in section | 167 |
|
5122.01 of the Revised Code. | 168 |
| (T) "Mentally retarded person" has the same meaning as in | 169 |
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section 5123.01 of the Revised Code. | 170 |
| (U) "Monitored time" and "repeat violent offender" have the | 171 |
|
same meanings as in section 2929.01 of the Revised Code. | 172 |
| (V) "Of compulsory school age" has the same meaning as in | 173 |
|
section 3321.01 of the Revised Code. | 174 |
| (W) "Public record" has the same meaning as in section 149.43 | 175 |
|
of the Revised Code. | 176 |
| (X) "Serious youthful offender" means a person who is | 177 |
|
eligible for a mandatory SYO or discretionary SYO but who is not | 178 |
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transferred to adult court under a mandatory or discretionary | 179 |
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transfer. | 180 |
| (Y) "Sexually oriented offense," "juvenile offender | 181 |
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registrant," "child-victim oriented offense," "tier I sex | 182 |
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offender/child-victim offender," "tier II sex | 183 |
|
offender/child-victim offender," "tier III sex | 184 |
|
offender/child-victim offender," and "public registry-qualified | 185 |
|
juvenile offender registrant" have the same meanings as in section | 186 |
|
2950.01 of the Revised Code. | 187 |
| (Z) "Traditional juvenile" means a case that is not | 188 |
|
transferred to adult court under a mandatory or discretionary | 189 |
|
transfer, that is eligible for a disposition under sections | 190 |
|
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and | 191 |
|
that is not eligible for a disposition under section 2152.13 of | 192 |
|
the Revised Code. | 193 |
| (AA) "Transfer" means the transfer for criminal prosecution | 194 |
|
of a case involving the alleged commission by a child of an act | 195 |
|
that would be an offense if committed by an adult from the | 196 |
|
juvenile court to the appropriate court that has jurisdiction of | 197 |
|
the offense. | 198 |
| (BB) "Category one offense" means any of the following: | 199 |
| (1) A violation of section 2903.01 or 2903.02 of the Revised | 200 |
|
Code; | 201 |
| (2) A violation of section 2923.02 of the Revised Code | 202 |
|
involving an attempt to commit aggravated murder or murder. | 203 |
| (CC) "Category two offense" means any of the following: | 204 |
| (1) A violation of section 2903.03, 2905.01, 2907.02, | 205 |
|
2909.02, 2911.01, or 2911.11 of the Revised Code; | 206 |
| (2) A violation of section 2903.04 of the Revised Code that | 207 |
|
is a felony of the first degree; | 208 |
| (3) A violation of section 2907.12 of the Revised Code as it | 209 |
|
existed prior to September 3, 1996. | 210 |
| (DD) "Non-economic loss" means nonpecuniary harm suffered by | 211 |
|
a victim of a delinquent act or juvenile traffic offense as a | 212 |
|
result of or related to the delinquent act or juvenile traffic | 213 |
|
offense, including, but not limited to, pain and suffering; loss | 214 |
|
of society, consortium, companionship, care, assistance, | 215 |
|
attention, protection, advice, guidance, counsel, instruction, | 216 |
|
training, or education; mental anguish; and any other intangible | 217 |
|
loss. | 218 |
| Sec. 2907.323. (A) No person who is eighteen years of age or | 219 |
|
older shall do any of the following: | 220 |
| (1) Photograph any minor who is not the person's child or | 221 |
|
ward in a state of nudity, or create, direct, produce, or transfer | 222 |
|
any material or performance that shows the minor in a state of | 223 |
|
nudity, unless both of the following apply: | 224 |
| (a) The material or performance is, or is to be, sold, | 225 |
|
disseminated, displayed, possessed, controlled, brought or caused | 226 |
|
to be brought into this state, or presented for a bona fide | 227 |
|
artistic, medical, scientific, educational, religious, | 228 |
|
governmental, judicial, or other proper purpose, by or to a | 229 |
|
physician, psychologist, sociologist, scientist, teacher, person | 230 |
|
pursuing bona fide studies or research, librarian, member of the | 231 |
|
clergy, attorney, prosecutor, judge, or other person having a | 232 |
|
proper interest in the material or performance; | 233 |
| (b) The minor's parents, guardian, or custodian consents in | 234 |
|
writing to the photographing of the minor, to the use of the minor | 235 |
|
in the material or performance, or to the transfer of the material | 236 |
|
and to the specific manner in which the material or performance is | 237 |
|
to be used. | 238 |
| (2) Consent to the photographing of the person's minor child | 239 |
|
or ward, or photograph the person's minor child or ward, in a | 240 |
|
state of nudity or consent to the use of the person's minor child | 241 |
|
or ward in a state of nudity in any material or performance, or | 242 |
|
use or transfer a material or performance of that nature, unless | 243 |
|
the material or performance is sold, disseminated, displayed, | 244 |
|
possessed, controlled, brought or caused to be brought into this | 245 |
|
state, or presented for a bona fide artistic, medical, scientific, | 246 |
|
educational, religious, governmental, judicial, or other proper | 247 |
|
purpose, by or to a physician, psychologist, sociologist, | 248 |
|
scientist, teacher, person pursuing bona fide studies or research, | 249 |
|
librarian, member of the clergy, attorney, prosecutor, judge, or | 250 |
|
other person having a proper interest in the material or | 251 |
|
performance; | 252 |
| (3) Possess or view any material or performance that shows a | 253 |
|
minor who is not the person's child or ward in a state of nudity, | 254 |
|
unless one of the following applies: | 255 |
| (a) The material or performance is sold, disseminated, | 256 |
|
displayed, possessed, controlled, brought or caused to be brought | 257 |
|
into this state, or presented for a bona fide artistic, medical, | 258 |
|
scientific, educational, religious, governmental, judicial, or | 259 |
|
other proper purpose, by or to a physician, psychologist, | 260 |
|
sociologist, scientist, teacher, person pursuing bona fide studies | 261 |
|
or research, librarian, member of the clergy, attorney, | 262 |
|
prosecutor, judge, or other person having a proper interest in the | 263 |
|
material or performance. | 264 |
| (b) The person knows that the parents, guardian, or custodian | 265 |
|
has consented in writing to the photographing or use of the minor | 266 |
|
in a state of nudity and to the manner in which the material or | 267 |
|
performance is used or transferred. | 268 |
| (B) Whoever violates this section is guilty of illegal use of | 269 |
|
a minor in a nudity-oriented material or performance. Whoever | 270 |
|
violates division (A)(1) or (2) of this section is guilty of a | 271 |
|
felony of the second degree. Except as otherwise provided in this | 272 |
|
division, whoever violates division (A)(3) of this section is | 273 |
|
guilty of a felony of the fifth degree. If the offender previously | 274 |
|
has been convicted of or pleaded guilty to a violation of this | 275 |
|
section or section 2907.321 or 2907.322 of the Revised Code, | 276 |
|
illegal use of a minor in a nudity-oriented material or | 277 |
|
performance in violation of division (A)(3) of this section is a | 278 |
|
felony of the fourth degree. If the offender who violates division | 279 |
|
(A)(1) or (2) of this section also is convicted of or pleads | 280 |
|
guilty to a specification as described in section 2941.1422 of the | 281 |
|
Revised Code that was included in the indictment, count in the | 282 |
|
indictment, or information charging the offense, the court shall | 283 |
|
sentence the offender to a mandatory prison term as provided in | 284 |
|
division (D)(7) of section 2929.14 of the Revised Code and shall | 285 |
|
order the offender to make restitution as provided in division | 286 |
|
(B)(8) of section 2929.18 of the Revised Code. | 287 |
| Sec. 2907.324. (A)(1) No minor, by use of a | 288 |
|
telecommunications device, shall do either of the following: | 289 |
| (a) Knowingly send, post, exchange, or share a photograph, | 290 |
|
video, or other material that shows the minor in a state of | 291 |
|
nudity; | 292 |
| (b) Knowingly send, post, exchange, or share a photograph, | 293 |
|
video, or other material that shows another minor in a state of | 294 |
|
nudity. | 295 |
| (2) Division (A)(1) of this section does not apply to a minor | 296 |
|
who sends, posts, exchanges, or shares a photograph, video, or | 297 |
|
other material that shows the minor or another minor in a state of | 298 |
|
nudity in connection with a criminal investigation or prosecution, | 299 |
|
civil action, or other proper purpose. | 300 |
| (B)(1) No minor, by means other than the use of a | 301 |
|
telecommunications device, shall knowingly photograph the minor in | 302 |
|
a state of nudity or knowingly create, direct, produce, or | 303 |
|
transfer any material or performance that shows the minor in a | 304 |
|
state of nudity. | 305 |
| (2) No minor, by means other than the use of a | 306 |
|
telecommunications device, shall knowingly photograph another | 307 |
|
minor who is not the minor's child or ward in a state of nudity or | 308 |
|
knowingly create, direct, produce, or transfer any material or | 309 |
|
performance that shows another minor who is not the minor's child | 310 |
|
or ward in a state of nudity. | 311 |
| (3) Divisions (B)(1) and (2) of this section do not apply if | 312 |
|
both of the following apply: | 313 |
| (a) The material or performance is, or is to be, sold, | 314 |
|
disseminated, displayed, shared, controlled, brought or caused to | 315 |
|
be brought into this state, or presented for a bona fide artistic, | 316 |
|
medical, scientific, educational, religious, governmental, | 317 |
|
judicial, or other proper purpose, by or to a physician, | 318 |
|
psychologist, sociologist, scientist, teacher, person pursuing | 319 |
|
bona fide studies or research, librarian, member of the clergy, | 320 |
|
attorney, prosecutor, judge, or other person having a proper | 321 |
|
interest in the material or performance. | 322 |
| (b) The minor's parents, guardian, or custodian consents in | 323 |
|
writing to the photographing of the minor, to the use of the minor | 324 |
|
in the material or performance, or to the transfer of the material | 325 |
|
and to the specific manner in which the material or performance is | 326 |
|
to be used. | 327 |
| (C) No minor shall knowingly consent to the photographing of | 328 |
|
the minor's minor child or ward, or photograph the minor's child | 329 |
|
or ward, in a state of nudity or knowingly consent to the use of | 330 |
|
the minor's child or ward in a state of nudity in any material or | 331 |
|
performance, or knowingly use or transfer a material or | 332 |
|
performance of that nature, unless the material or performance is | 333 |
|
sold, disseminated, displayed, shared, controlled, brought or | 334 |
|
caused to be brought into this state, or presented for a bona fide | 335 |
|
artistic, medical, scientific, educational, religious, | 336 |
|
governmental, judicial, or other proper purpose, by or to a | 337 |
|
physician, psychologist, sociologist, scientist, teacher, person | 338 |
|
pursuing bona fide studies or research, librarian, member of the | 339 |
|
clergy, attorney, prosecutor, judge, or other person having a | 340 |
|
proper interest in the material or performance. | 341 |
| (D)(1) No minor shall knowingly share or view, by means other | 342 |
|
than a telecommunications device, any material or performance that | 343 |
|
shows the minor in a state of nudity. | 344 |
| (2) No minor shall knowingly share or view, by means other | 345 |
|
than a telecommunications device, any material or performance that | 346 |
|
shows another minor who is not the minor's child or ward in a | 347 |
|
state of nudity. | 348 |
| (3) Divisions (D)(1) and (2) of this section do not apply if | 349 |
|
either of the following applies: | 350 |
| (a) The material or performance is sold, disseminated, | 351 |
|
displayed, shared, controlled, brought or caused to be brought | 352 |
|
into this state, or presented for a bona fide artistic, medical, | 353 |
|
scientific, educational, religious, governmental, judicial, or | 354 |
|
other proper purpose, by or to a physician, psychologist, | 355 |
|
sociologist, scientist, teacher, person pursuing bona fide studies | 356 |
|
or research, librarian, member of the clergy, attorney, | 357 |
|
prosecutor, judge, or other person having a proper interest in the | 358 |
|
material or performance. | 359 |
| (b) The minor knows that the minor's or other minor's | 360 |
|
parents, guardian, or custodian has consented in writing to the | 361 |
|
photographing or use of the minor in a state of nudity and to the | 362 |
|
manner in which the material or performance is used or | 363 |
|
transferred. | 364 |
| (E) Whoever violates division (A)(1) of this section is | 365 |
|
guilty of sexting. A minor who violates division (A)(1)(a) of this | 366 |
|
section shall be adjudged an unruly child, with such disposition | 367 |
|
of the case as may be appropriate under Chapter 2151. of the | 368 |
|
Revised Code. A violation of division (A)(1)(b) of this section is | 369 |
|
a delinquent act that would be a misdemeanor of the third degree | 370 |
|
on the first offense and a misdemeanor of the first degree on each | 371 |
|
subsequent offense if it could be committed by an adult. Whoever | 372 |
|
violates division (B), (C), or (D) of this section is guilty of | 373 |
|
delinquent use of a minor in a nudity-oriented material or | 374 |
|
performance. A minor who violates division (B)(1) of this section | 375 |
|
shall be adjudged an unruly child, with such disposition of the | 376 |
|
case as may be appropriate under Chapter 2151. of the Revised | 377 |
|
Code. A violation of division (B)(2) of this section is a | 378 |
|
delinquent act that would be a misdemeanor of the third degree on | 379 |
|
the first offense and a misdemeanor of the first degree on each | 380 |
|
subsequent offense if it could be committed by an adult. A | 381 |
|
violation of division (C) of this section is a delinquent act that | 382 |
|
would be a misdemeanor of the third degree if it could be | 383 |
|
committed by an adult. A minor who violates division (D)(1) of | 384 |
|
this section shall be adjudged an unruly child, with such | 385 |
|
disposition of the case as may be appropriate under Chapter 2151. | 386 |
|
of the Revised Code. A violation of division (D)(2) of this | 387 |
|
section is a delinquent act that would be a misdemeanor of the | 388 |
|
first degree if it could be committed by an adult. | 389 |
| (F) As used in this section: | 390 |
| (1) "State of nudity" means a state of nudity that involves a | 391 |
|
lewd exhibition or graphic focus on the genitals. | 392 |
| (2) "Telecommunications device" has the same meaning as in | 393 |
|
section 2913.01 of the Revised Code. | 394 |
| Section 2. That existing sections 2151.022, 2152.02, and | 395 |
|
2907.323 of the Revised Code are hereby repealed. | 396 |
| Section 3. Section 2151.022 of the Revised Code is presented | 397 |
|
in this act as a composite of the section as amended by both Am. | 398 |
|
Sub. H.B. 23 and Am. Sub. S.B. 53 of the 126th General Assembly. | 399 |
|
The General Assembly, applying the principle stated in division | 400 |
|
(B) of section 1.52 of the Revised Code that amendments are to be | 401 |
|
harmonized if reasonably capable of simultaneous operation, finds | 402 |
|
that the composite is the resulting version of the section in | 403 |
|
effect prior to the effective date of the section as presented in | 404 |
|
this act. | 405 |
