Ohio House Bill 635 “Enact the Child Protection Reform Act”
Provisions of House Bill 635 Influenced by Vivian’s Law
The bill changes the age of a child from under 13 years of age to under 18 years of age in the Ohio Revised Code’s aggravated murder statute.
H.B. 635 changes the age for several felonious assault provisions of the Ohio Revised Code to reflect a child is anyone under 18 years of age and introduces protections for those who are age 65 or above.
The bill changes the maximum sentence for certain felonious assaults that result in permanent bodily harm from 6 years to 10 years.
The bill holds a child care provider responsible, if they recklessly leave a child, without expressed consent of the parent or guardian, with an individual previously convicted of or charged with Child Endangering, and harm befalls the child.
Suggested Improvements for House Bill 635
Address the Mens Rea language in Ohio’s aggravated murder statue to lessen the burden on prosecutors when the victim is a child. We are still seeking an amendment to the bill that would strike the word purposely from Ohio’s aggravated murder statute and insert the word knowingly, lowering the Mens Rea standard when the victim is a child.
Broaden the language to better hold child care providers responsible when they leave a child with an unauthorized adult or anyone under the age of 18 and the child is the victim of abuse, significant bodily harm or death.
Further strengthen the sentencing specifications when the victim of felonious assault is left with permanent bodily harm.