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OH HB351
Bill
Status
11/4/2009
Primary Sponsor
Linda Bolon
Click for details
AI Summary
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Amends section 4301.69 to establish two separate offenses for owners/occupants allowing underage persons to possess or consume alcohol: knowingly allowing (negligence standard) and recklessly allowing (higher culpability standard).
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Changes the knowledge standard from "knowingly" to "knows or should know" for the negligence-based offense, making it easier to prove violations based on what a reasonable person should have recognized.
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Adds a new reckless conduct offense (division B(2)) for owners/occupants who recklessly allow underage drinking, with the same defenses applying when alcohol is provided by parent, spouse, or legal guardian who is present.
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Exempts property owners from liability for violations committed by lessees unless the owner authorizes or acquiesces in the lessee's violations.
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Establishes penalties under section 4301.99(K): violation of the reckless conduct offense is a misdemeanor with fines of $250-$500.
Legislative Description
Regarding the criminal liability of an owner or occupant of any public or private place who allows a person under age 21 to remain in or on the place while possessing or consuming beer or intoxicating liquor.
Underage drinking-criminal liability of owner/occupant who allows
Last Action
To Criminal Justice
11/4/2009