Expand offense of domestic violence, weapons under disability

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 352

2025-2026

Representative Brewer

Cosponsors: Representatives Grim,
Brennan, Brownlee, Piccolantonio, Upchurch, Sweeney, Mohamed, Brent

To
amend sections 2919.25, 2923.13, and 2923.14 of the Revised Code
to
expand the offense of domestic violence to include a person with whom
the offender is in a dating relationship and to expand the offense of
weapons under disability to include a person subject to a domestic
violence protection order and a person convicted of misdemeanor
domestic violence.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2919.25, 2923.13, and 2923.14 of the Revised Code be amended
to read as follows:

Sec.
2919.25.
(A)
No person shall knowingly cause or attempt to cause physical harm to
a family or household member

or to a person with whom the offender is or was in a dating
relationship
.

(B)
No person shall recklessly cause serious physical harm to a family or
household member

or to a person with whom the offender is or was in a dating
relationship
.

(C)
No person, by threat of force, shall knowingly cause a family or
household member
or
a person with whom the offender is or was in a dating relationship
to
believe that the offender will cause imminent physical harm to the
family or household member

or to the person with whom the offender is or was in a dating
relationship
.

(D)(1)
Whoever violates this section is guilty of domestic violence, and the
court shall sentence the offender as provided in divisions (D)(2) to
(6) of this section.

(2)
Except as otherwise provided in divisions (D)(3) to (5) of this
section, a violation of division (C) of this section is a misdemeanor
of the fourth degree, and a violation of division (A) or (B) of this
section is a misdemeanor of the first degree.

(3)
Except as otherwise provided in division (D)(4) of this section, if
the offender previously has pleaded guilty to or been convicted of
domestic violence, a violation of an existing or former municipal
ordinance or law of this or any other state or the United States that
is substantially similar to domestic violence, a violation of section
2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the
Revised Code if the victim of the violation was a family or household
member
or
a person with whom the offender is or was in a dating relationship
at
the time of the violation, a violation of an existing or former
municipal ordinance or law of this or any other state or the United
States that is substantially similar to any of those sections if the
victim of the violation was a family or household member
or
a person with whom the offender is or was in a dating relationship
at
the time of the commission of the violation, or any offense of
violence if the victim of the offense was a family or household
member
or
a person with whom the offender is or was in a dating relationship
at
the time of the commission of the offense, a violation of division
(A) or (B) of this section is a felony of the fourth degree, and, if
the offender knew that the victim of the violation was pregnant at
the time of the violation, the court shall impose a mandatory prison
term on the offender pursuant to division (D)(6) of this section, and
a violation of division (C) of this section is a misdemeanor of the
second degree.

(4)
If the offender previously has pleaded guilty to or been convicted of
two or more offenses of domestic violence or two or more violations
or offenses of the type described in division (D)(3) of this section
involving a person who was a family or household member
or
a person with whom the offender is or was in a dating relationship
at
the time of the violations or offenses, a violation of division (A)
or (B) of this section is a felony of the third degree, and, if the
offender knew that the victim of the violation was pregnant at the
time of the violation, the court shall impose a mandatory prison term
on the offender pursuant to division (D)(6) of this section, and a
violation of division (C) of this section is a misdemeanor of the
first degree.

(5)
Except as otherwise provided in division (D)(3) or (4) of this
section, if the offender knew that the victim of the violation was
pregnant at the time of the violation, a violation of division (A) or
(B) of this section is a felony of the fifth degree, and the court
shall impose a mandatory prison term on the offender pursuant to
division (D)(6) of this section, and a violation of division (C) of
this section is a misdemeanor of the third degree.

(6)
If division (D)(3), (4), or (5) of this section requires the court
that sentences an offender for a violation of division (A) or (B) of
this section to impose a mandatory prison term on the offender
pursuant to this division, the court shall impose the mandatory
prison term as follows:

(a)
If the violation of division (A) or (B) of this section is a felony
of the fourth or fifth degree, except as otherwise provided in
division (D)(6)(b) or (c) of this section, the court shall impose a
mandatory prison term on the offender of at least six months.

(b)
If the violation of division (A) or (B) of this section is a felony
of the fifth degree and the offender, in committing the violation,
caused serious physical harm to the pregnant woman's unborn or caused
the termination of the pregnant woman's pregnancy, the court shall
impose a mandatory prison term on the offender of twelve months.

(c)
If the violation of division (A) or (B) of this section is a felony
of the fourth degree and the offender, in committing the violation,
caused serious physical harm to the pregnant woman's unborn or caused
the termination of the pregnant woman's pregnancy, the court shall
impose a mandatory prison term on the offender of at least twelve
months.

(d)
If the violation of division (A) or (B) of this section is a felony
of the third degree, except as otherwise provided in division
(D)(6)(e) of this section and notwithstanding the range of definite
prison terms prescribed in division (A)(3) of section 2929.14 of the
Revised Code for a felony of the third degree, the court shall impose
a mandatory prison term on the offender of either a definite term of
six months or one of the prison terms prescribed in division
(A)(3)(b) of section 2929.14 of the Revised Code for felonies of the
third degree.

(e)
If the violation of division (A) or (B) of this section is a felony
of the third degree and the offender, in committing the violation,
caused serious physical harm to the pregnant woman's unborn or caused
the termination of the pregnant woman's pregnancy, notwithstanding
the range of definite prison terms prescribed in division (A)(3) of
section 2929.14 of the Revised Code for a felony of the third degree,
the court shall impose a mandatory prison term on the offender of
either a definite term of one year or one of the prison terms
prescribed in division (A)(3)(b) of section 2929.14 of the Revised
Code for felonies of the third degree.

(E)
Notwithstanding any provision of law to the contrary, no court or
unit of state or local government shall charge any fee, cost,
deposit, or money in connection with the filing of charges against a
person alleging that the person violated this section or a municipal
ordinance substantially similar to this section or in connection with
the prosecution of any charges so filed.

(F)
As used in this section and sections 2919.251 and 2919.26 of the
Revised Code:

(1)

"Dating
relationship" has the same meaning as in section 3113.31 of the
Revised Code.

(2)

"Family
or household member" means any of the following:

(a)
Any of the following who is residing or has resided with the
offender:

(i)
A spouse, a person living as a spouse, or a former spouse of the
offender;

(ii)
A parent, a foster parent, or a child of the offender, or another
person related by consanguinity or affinity to the offender;

(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of the offender, or another person related by consanguinity or
affinity to a spouse, person living as a spouse, or former spouse of
the offender.

(b)
The natural parent of any child of whom the offender is the other
natural parent or is the putative other natural parent.

(2)

(3)
"Person with whom the offender is or was in a dating
relationship" means an individual who, at the time of the
offense, is in a dating relationship with the offender or who, within
the twelve months preceding the offense, has had a dating
relationship with the offender.

(4)

"Person
living as a spouse" means a person who is living or has lived
with the offender in a common law marital relationship, who otherwise
is cohabiting with the offender, or who otherwise has cohabited with
the offender within five years prior to the date of the alleged
commission of the act in question.

(3)
(5)

"Pregnant woman's unborn" has the same meaning as "such
other person's unborn," as set forth in section 2903.09 of the
Revised Code, as it relates to the pregnant woman. Division (C) of
that section applies regarding the use of the term in this section,
except that the second and third sentences of division (C)(1) of that
section shall be construed for purposes of this section as if they
included a reference to this section in the listing of Revised Code
sections they contain.

(4)
(6)

"Termination of the pregnant woman's pregnancy" has the
same meaning as "unlawful termination of another's pregnancy,"
as set forth in section 2903.09 of the Revised Code, as it relates to
the pregnant woman. Division (C) of that section applies regarding
the use of the term in this section, except that the second and third
sentences of division (C)(1) of that section shall be construed for
purposes of this section as if they included a reference to this
section in the listing of Revised Code sections they contain.

Sec.
2923.13.
(A)
Unless relieved from disability under operation of law or legal
process, no person shall knowingly acquire, have, carry, or use any
firearm or dangerous ordnance, if any of the following apply:

(1)
The person is a fugitive from justice.

(2)
The person is under indictment for or has been convicted of any
felony offense of violence or has been adjudicated a delinquent child
for the commission of an offense that, if committed by an adult,
would have been a felony offense of violence.

(3)
The person is under indictment for or has been convicted of any
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse or
has been adjudicated a delinquent child for the commission of an
offense that, if committed by an adult, would have been a felony
offense involving the illegal possession, use, sale, administration,
distribution, or trafficking in any drug of abuse.

(4)

The
person has been convicted of misdemeanor domestic violence under
section 2919.25 of the Revised Code.

(5)
The person is subject to a protection order issued or consent
agreement approved pursuant to section 3113.31 of the Revised Code.

(6)

The
person has a drug dependency, is in danger of drug dependence, or has
chronic alcoholism.

(5)
(7)

The person is under adjudication of mental incompetence, has been
committed to a mental institution, has been found by a court to be a
person with a mental illness subject to court order, or is an
involuntary patient other than one who is a patient only for purposes
of observation. As used in this division, "person with a mental
illness subject to court order" and "patient" have the
same meanings as in section 5122.01 of the Revised Code.

(B)
Whoever violates this section is guilty of having weapons while under
disability, a felony of the third degree.

(C)
For the purposes of this section, "under operation of law or
legal process" shall not itself include mere completion,
termination, or expiration of a sentence imposed as a result of a
criminal conviction.

Sec.
2923.14.
(A)(1)
Except as otherwise provided in division (A)(2) of this section, any
person who is prohibited from acquiring, having, carrying, or using
firearms may apply to the court of common pleas in the county in
which the person resides for relief from such prohibition.

(2)
Division (A)(1) of this section does not apply to a person who has
been convicted of or pleaded guilty to a violation of section
2923.132 of the Revised Code or to a person who, two or more times,
has been convicted of or pleaded guilty to a felony and a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, 2941.1412, or 2941.1424 of the Revised Code.

(B)
The application shall recite the following:

(1)
All indictments, convictions, or adjudications upon which the
applicant's disability is based, the sentence imposed and served, and
any release granted under a community control sanction, post-release
control sanction, or parole, any partial or conditional pardon
granted, or other disposition of each case, or, if the disability is
based upon a factor other than an indictment, a conviction, or an
adjudication, the factor upon which the disability is based and all
details related to that factor;

(2)
Facts showing the applicant to be a fit subject for relief under this
section.

(C)
A copy of the application shall be served on the county prosecutor.
The county prosecutor shall cause the matter to be investigated and
shall raise before the court any objections to granting relief that
the investigation reveals.

(D)
Upon hearing, the court may grant the applicant relief pursuant to
this section, if all of the following apply:

(1)
One of the following applies:

(a)
If the disability is based upon an indictment, a conviction, or an
adjudication, the applicant has been fully discharged from
imprisonment, community control, post-release control, and parole,
or, if the applicant is under indictment, has been released on bail
or recognizance.

(b)
If the disability is based upon a factor other than an indictment, a
conviction, or an adjudication, that factor no longer is applicable
to the applicant.

(2)
The applicant has led a law-abiding life since discharge or release,
and appears likely to continue to do so.

(3)
The applicant is not otherwise prohibited by law from acquiring,
having, or using firearms.

(E)
Costs of the proceeding shall be charged as in other civil cases, and
taxed to the applicant.

(F)
Relief from disability granted pursuant to this section restores the
applicant to all civil firearm rights to the full extent enjoyed by
any citizen, and is subject to the following conditions:

(1)
Applies only with respect to indictments, convictions, or
adjudications, or to the other factor, recited in the application as
the basis for the applicant's disability;

(2)
Applies only with respect to firearms lawfully acquired, possessed,
carried, or used by the applicant;

(3)
May be revoked by the court at any time for good cause shown and upon
notice to the applicant;

(4)
Is automatically void upon commission by the applicant of any offense
set forth in division (A)(2)
,
(3),

or
(3)
(4)

of section 2923.13 of the Revised Code, or upon the applicant's
becoming one of the class of persons named in division (A)(1),

(4)
(5)
,

(6),

or
(5)
(7)

of that section.

(G)
As used in this section:

(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(2)
"Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.

Section
2.
That
existing sections 2919.25, 2923.13, and 2923.14 of the Revised Code
are hereby repealed.