As Introduced
135th General Assembly
Regular Session H. B. No. 639
2023-2024
Representative Williams
A BILL
To amend sections 2152.17, 2917.02, and 2929.14 and 1
to enact section 2941.1427 of the Revised Code 2
to modify the offense of aggravated riot when 3
the offender is wearing a mask or disguise and 4
to require an additional prison term of one year 5
for an offender who is convicted of or pleads 6
guilty to a felony if the offender is convicted 7
of or pleads guilty to a specification that the 8
offender wore a mask or disguise in commission 9
of the offense. 10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.17, 2917.02, and 2929.14 be 11
amended and section 2941.1427 of the Revised Code be enacted to 12
read as follows: 13
Sec. 2152.17. (A) Subject to division (D) of this section, 14
if a child is adjudicated a delinquent child for committing an 15
act, other than a violation of section 2923.12 of the Revised 16
Code, that would be a felony if committed by an adult and if the 17
court determines that, if the child was an adult, the child 18
would be guilty of a specification of the type set forth in 19
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As Introduced
section 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 20
2941.1414, or 2941.1415, or 2941.1427 of the Revised Code, in 21
addition to any commitment or other disposition the court 22
imposes for the underlying delinquent act, all of the following 23
apply: 24
(1) If the court determines that the child would be guilty 25
of a specification of the type set forth in section 2941.141 or 26
2941.1427 of the Revised Code, the court may commit the child to 27
the department of youth services for the specification for a 28
definite period of up to one year. 29
(2) If the court determines that the child would be guilty 30
of a specification of the type set forth in section 2941.145 of 31
the Revised Code or if the delinquent act is a violation of 32
division (A)(1) or (2) of section 2903.06 of the Revised Code 33
and the court determines that the child would be guilty of a 34
specification of the type set forth in section 2941.1415 of the 35
Revised Code, the court shall commit the child to the department 36
of youth services for the specification for a definite period of 37
not less than one and not more than three years, and the court 38
also shall commit the child to the department for the underlying 39
delinquent act under sections 2152.11 to 2152.16 of the Revised 40
Code. 41
(3) If the court determines that the child would be guilty 42
of a specification of the type set forth in section 2941.144, 43
2941.146, or 2941.1412 of the Revised Code or if the delinquent 44
act is a violation of division (A)(1) or (2) of section 2903.06 45
of the Revised Code and the court determines that the child 46
would be guilty of a specification of the type set forth in 47
section 2941.1414 of the Revised Code, the court shall commit 48
the child to the department of youth services for the 49
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As Introduced
specification for a definite period of not less than one and not 50
more than five years, and the court also shall commit the child 51
to the department for the underlying delinquent act under 52
sections 2152.11 to 2152.16 of the Revised Code. 53
(B)(1) If a child is adjudicated a delinquent child for 54
committing an act, other than a violation of section 2923.12 of 55
the Revised Code, that would be a felony if committed by an 56
adult, if the court determines that the child is complicit in 57
another person's conduct that is of such a nature that the other 58
person would be guilty of a specification of the type set forth 59
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 60
Revised Code if the other person was an adult, if the other 61
person's conduct relates to the child's underlying delinquent 62
act, and if the child did not furnish, use, or dispose of any 63
firearm that was involved with the underlying delinquent act or 64
with the other person's specification-related conduct, in 65
addition to any other disposition the court imposes for the 66
underlying delinquent act, the court may commit the child to the 67
department of youth services for the specification for a 68
definite period of not more than one year, subject to division 69
(D)(2) of this section. 70
(2) Except as provided in division (B)(1) of this section, 71
division (A) of this section also applies to a child who is an 72
accomplice regarding a specification of the type set forth in 73
section 2941.1412, 2941.1414, or 2941.1415, or 2941.1427 of the 74
Revised Code to the same extent the specifications would apply 75
to an adult accomplice in a criminal proceeding. 76
(C) If a child is adjudicated a delinquent child for 77
committing an act that would be aggravated murder, murder, or a 78
first, second, or third degree felony offense of violence if 79
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As Introduced
committed by an adult and if the court determines that, if the 80
child was an adult, the child would be guilty of a specification 81
of the type set forth in section 2941.142 of the Revised Code in 82
relation to the act for which the child was adjudicated a 83
delinquent child, the court shall commit the child for the 84
specification to the legal custody of the department of youth 85
services for institutionalization in a secure facility for a 86
definite period of not less than one and not more than three 87
years, subject to division (D)(2) of this section, and the court 88
also shall commit the child to the department for the underlying 89
delinquent act. 90
(D)(1) If the child is adjudicated a delinquent child for 91
committing an act that would be an offense of violence that is a 92
felony if committed by an adult and is committed to the legal 93
custody of the department of youth services pursuant to division 94
(A)(1) of section 2152.16 of the Revised Code and if the court 95
determines that the child, if the child was an adult, would be 96
guilty of a specification of the type set forth in section 97
2941.1411 of the Revised Code in relation to the act for which 98
the child was adjudicated a delinquent child, the court may 99
commit the child to the custody of the department of youth 100
services for institutionalization in a secure facility for up to 101
two years, subject to division (D)(2) of this section. 102
(2) A court that imposes a period of commitment under 103
division (A) of this section is not precluded from imposing an 104
additional period of commitment under division (C) or (D)(1) of 105
this section, a court that imposes a period of commitment under 106
division (C) of this section is not precluded from imposing an 107
additional period of commitment under division (A) or (D)(1) of 108
this section, and a court that imposes a period of commitment 109
under division (D)(1) of this section is not precluded from 110
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As Introduced
imposing an additional period of commitment under division (A) 111
or (C) of this section. 112
(E) The court shall not commit a child to the legal 113
custody of the department of youth services for a specification 114
pursuant to this section for a period that exceeds five years 115
for any one delinquent act. Any commitment imposed pursuant to 116
division (A), (B), (C), or (D)(1) of this section shall be in 117
addition to, and shall be served consecutively with and prior 118
to, a period of commitment ordered under this chapter for the 119
underlying delinquent act, and each commitment imposed pursuant 120
to division (A), (B), (C), or (D)(1) of this section shall be in 121
addition to, and shall be served consecutively with, any other 122
period of commitment imposed under those divisions. If a 123
commitment is imposed under division (A) or (B) of this section 124
and a commitment also is imposed under division (C) of this 125
section, the period imposed under division (A) or (B) of this 126
section shall be served prior to the period imposed under 127
division (C) of this section. 128
In each case in which a court makes a disposition under 129
this section, the court retains control over the commitment for 130
the entire period of the commitment. 131
The total of all the periods of commitment imposed for any 132
specification under this section and for the underlying offense 133
shall not exceed the child's attainment of twenty-one years of 134
age. 135
(F) If a child is adjudicated a delinquent child for 136
committing two or more acts that would be felonies if committed 137
by an adult and if the court entering the delinquent child 138
adjudication orders the commitment of the child for two or more 139
of those acts to the legal custody of the department of youth 140
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As Introduced
services for institutionalization in a secure facility pursuant 141
to section 2152.13 or 2152.16 of the Revised Code, the court may 142
order that all of the periods of commitment imposed under those 143
sections for those acts be served consecutively in the legal 144
custody of the department of youth services, provided that those 145
periods of commitment shall be in addition to and commence 146
immediately following the expiration of a period of commitment 147
that the court imposes pursuant to division (A), (B), (C), or 148
(D)(1) of this section. A court shall not commit a delinquent 149
child to the legal custody of the department of youth services 150
under this division for a period that exceeds the child's 151
attainment of twenty-one years of age. 152
Sec. 2917.02. (A) No person shall participate with four or 153
more others in a course of disorderly conduct in violation of 154
section 2917.11 of the Revised Code: 155
(1) With purpose to commit or facilitate the commission of 156
a felony; 157
(2) With purpose to commit or facilitate the commission of 158
any offense of violence; 159
(3) When the offender or any participant to the knowledge 160
of the offender has on or about the offender's or participant's 161
person or under the offender's or participant's control, uses, 162
or intends to use a deadly weapon or dangerous ordnance, as 163
defined in section 2923.11 of the Revised Code. 164
(B)(1) No person, being an inmate in a detention facility, 165
shall violate division (A)(1) or (3) of this section. 166
(2) No person, being an inmate in a detention facility, 167
shall violate division (A)(2) of this section or section 2917.03 168
of the Revised Code. 169
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(C) No person shall participate with four or more others 170
in a course of disorderly conduct in violation of division (A) 171
(4) of section 2917.11 of the Revised Code while wearing a mask 172
or other disguise. 173
(D) Whoever violates this section is guilty of aggravated 174
riot. A violation of division (A)(1) or (3) or (C) of this 175
section is a felony of the fifth degree. A violation of division 176
(A)(2) or (B)(1) of this section is a felony of the fourth 177
degree. A violation of division (B)(2) of this section is a 178
felony of the third degree. 179
(D) (E) As used in this section, "detention facility" has 180
the same meaning as in section 2921.01 of the Revised Code. 181
Sec. 2929.14. (A) Except as provided in division (B)(1), 182
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9), 183
(B)(10), (B)(11), (E), (G), (H), (J), or (K) of this section or 184
in division (D)(6) of section 2919.25 of the Revised Code and 185
except in relation to an offense for which a sentence of death 186
or life imprisonment is to be imposed, if the court imposing a 187
sentence upon an offender for a felony elects or is required to 188
impose a prison term on the offender pursuant to this chapter, 189
the court shall impose a prison term that shall be one of the 190
following: 191
(1)(a) For a felony of the first degree committed on or 192
after March 22, 2019, the prison term shall be an indefinite 193
prison term with a stated minimum term selected by the court of 194
three, four, five, six, seven, eight, nine, ten, or eleven years 195
and a maximum term that is determined pursuant to section 196
2929.144 of the Revised Code, except that if the section that 197
criminalizes the conduct constituting the felony specifies a 198
different minimum term or penalty for the offense, the specific 199
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As Introduced
language of that section shall control in determining the 200
minimum term or otherwise sentencing the offender but the 201
minimum term or sentence imposed under that specific language 202
shall be considered for purposes of the Revised Code as if it 203
had been imposed under this division. 204
(b) For a felony of the first degree committed prior to 205
March 22, 2019, the prison term shall be a definite prison term 206
of three, four, five, six, seven, eight, nine, ten, or eleven 207
years. 208
(2)(a) For a felony of the second degree committed on or 209
after March 22, 2019, the prison term shall be an indefinite 210
prison term with a stated minimum term selected by the court of 211
two, three, four, five, six, seven, or eight years and a maximum 212
term that is determined pursuant to section 2929.144 of the 213
Revised Code, except that if the section that criminalizes the 214
conduct constituting the felony specifies a different minimum 215
term or penalty for the offense, the specific language of that 216
section shall control in determining the minimum term or 217
otherwise sentencing the offender but the minimum term or 218
sentence imposed under that specific language shall be 219
considered for purposes of the Revised Code as if it had been 220
imposed under this division. 22