HB 343: Regards delinquent adjudications for felony theft or vandalism
The bill aims to amend Ohio's juvenile justice system to hold youths accountable for serious crimes. If a child is adjudicated delinquent for committing an act that would be a felony if committed by an adult, they may be committed to the department of youth services for secure confinement. The length of the commitment varies depending on the severity of the crime, with minimum periods ranging from six months to seven years and maximum periods not exceeding the child's 21st birthday. For certain serious crimes, such as aggravated murder or sex offenses, the child may be committed for an indefinite term with a minimum of one to three years and a maximum of 21 years. In cases where the child is fourteen or older at the time of the crime and has previous convictions for similar offenses, the commitment period may be nine months to 21 years. The court retains control over the commitment, and…
| Jun. 11, 2025 | Referred to committee: Judiciary |
| Jun. 10, 2025 | Introduced |
As Introduced
136th General Assembly
Regular Session
H. B. No. 343
2025-2026
Representative Lorenz
Cosponsors: Representatives Johnson, Miller, K.
To amend sections 2152.16, 2152.17, 2152.19, 2152.22, 5139.01, 5139.05, 5139.06, 5139.20, 5139.35, and 5139.51 of the Revised Code to require mandatory dispositions for youths adjudicated delinquent for committing acts that would be felony theft or vandalism if committed by an adult.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.16, 2152.17, 2152.19, 2152.22, 5139.01, 5139.05, 5139.06, 5139.20, 5139.35, and 5139.51 of the Revised Code be amended to read as follows:
Sec. 2152.16.
(A) (1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows:
- (a) For an act that would be aggravated murder or murder if committed by an adult, until the offender attains twenty-one years of age;
- (b) For a violation of section 2923.02 of the Revised Code that involves an attempt to commit an act that would be aggravated murder or murder if committed by an adult, a minimum period of six to seven years as prescribed by the court and a maximum period not to exceed the child's attainment of twenty-one years of age;
- (c) For a violation of section 2903.03, 2905.01, 2909.02, or 2911.01 or division (A) of section 2903.04 of the Revised Code or for a violation of any provision of section 2907.02 of the Revised Code other than division (A) (1) (b) of that section when the sexual conduct or insertion involved was consensual and when the victim of the violation of division (A) (1) (b) of that section was older than the delinquent child, was the same age as the delinquent child, or was less than three years younger than the delinquent child, for an indefinite term consisting of a minimum period of one to three years, as prescribed by the court, and a maximum period not to exceed the child's attainment of twenty-one years of age;
- (d) If the child is adjudicated a delinquent child for committing an act that is not described in division (A) (1) (b) or (c) of this section and that would be a felony of the first or second degree if committed by an adult, for an indefinite term consisting of a minimum period of one year and a maximum period not to exceed the child's attainment of twenty-one years of age.
- (e) For committing an act that would be a felony of the third, fourth, or fifth degree if committed by an adult or for a violation of division (A) of section 2923.211 of the Revised Code, for an indefinite term consisting of a minimum period of six months and a maximum period not to exceed the child's attainment of twenty-one years of age.
(2) In each case in which a court makes a disposition under this section, the court retains control over the commitment for the minimum period specified by the court in divisions (A) (1) (a) to (e) of this section. During the minimum period, the department of youth services shall not move the child to a nonsecure setting without the permission of the court that imposed the disposition.
(B) (1) Except as otherwise provided in division (B) (2), (3), or (4) of this section, if a child is adjudicated a delinquent child for committing an act that would be a felony violation of section 2913.02 or 2909.05 of the Revised Code if committed by an adult and all of the following apply, notwithstanding the discretion permitted in division (A) of this section, the court shall commit the child to the legal custody of the department of youth services for secure confinement for an indefinite term consisting of a minimum period of nine months and a maximum period not to exceed the child's attainment of twenty-one years of age:
- (a) The child was fourteen years of age or older when the act was committed.
- (b) The child has two or more times previously been adjudicated a delinquent child for committing an act that would be a felony violation of section 2913.02 or 2909.05 of the Revised Code if committed by an adult.
Section 2. That existing sections 2152.16, 2152.17, 2152.19, 2152.22, 5139.01, 5139.05, 5139.06, 5139.20, 5139.35, and 5139.51 of the Revised Code are hereby repealed.