As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 106 5
1997-1998 6
REPRESENTATIVES WINKLER-CAREY-CORBIN-FOX-HARRIS-KREBS-LUCAS- 8
METZGER-O'BRIEN-PADGETT-PERZ-ROMAN-THOMAS-VESPER 9
11
A B I L L
To amend section 2903.13 of the Revised Code to make 13
assault a felony of the fourth degree when the 14
victim is a member of the State Board of 15
Education, a board of education, or the governing 16
body of an educational service center or a 17
nonpublic school, a school teacher, supervisor, 18
or administrator, a school employee, or a school 19
bus operator and the assault occurs at a meeting 20
of a board of education, on the business premises 21
of a board of education, on school premises, in a 22
school building, or, under certain 23
circumstances, outside of school premises. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 2903.13 of the Revised Code be 28
amended to read as follows: 29
Sec. 2903.13. (A) No person shall knowingly cause or 38
attempt to cause physical harm to another or to another's unborn. 39
(B) No person shall recklessly cause serious physical harm 41
to another or to another's unborn. 42
(C) Whoever violates this section is guilty of assault. 44
Except as otherwise provided in division (C)(1), (2), or (3), OR 46
(4) of this section, assault is a misdemeanor of the first 47
degree.
(1) If the offense is committed by a caretaker against a 49
functionally impaired person under the caretaker's care, assault 50
2
is a felony of the fourth degree. If the offense is committed by 52
a caretaker against a functionally impaired person under the 53
caretaker's care, if the offender previously has been convicted 55
of or pleaded guilty to a violation of this section or section 56
2903.11 or 2903.16 of the Revised Code, and if in relation to the 57
previous conviction the offender was a caretaker and the victim 58
was a functionally impaired person under the offender's care, 59
assault is a felony of the third degree. 60
(2) If the offense is committed in any of the following 62
circumstances, assault is a felony of the fifth degree: 63
(a) The offense occurs in or on the grounds of a state 65
correctional institution or an institution of the department of 66
youth services, the victim of the offense is an employee of the 67
department of rehabilitation and correction, the department of 68
youth services, or a probation department or is on the premises 69
of the particular institution for business purposes or as a 70
visitor, and the offense is committed by a person incarcerated in 71
the state correctional institution, a person institutionalized in 72
the department of youth services institution pursuant to a 73
commitment to the department of youth services, or a probationer, 74
furloughee, or parolee; 75
(b) The offense occurs in or on the grounds of a local 77
correctional facility, the victim of the offense is an employee 78
of the local correctional facility or a probation department or 79
is on the premises of the facility for business purposes or as a 80
visitor, and the offense is committed by a person who is under 81
custody in the facility subsequent to the person's arrest for any 82
crime or delinquent act, subsequent to the person's being charged 84
with or convicted of any crime, or subsequent to the person's 86
being alleged to be or adjudicated a delinquent child. 87
(c) The offense occurs off the grounds of a state 89
correctional institution and off the grounds of an institution of 90
the department of youth services, the victim of the offense is an 91
employee of the department of rehabilitation and correction, the 92
3
department of youth services, or a probation department, the 93
offense occurs during the employee's official work hours and 94
while the employee is engaged in official work responsibilities, 95
and the offense is committed by a person incarcerated in a state 97
correctional institution or institutionalized in the department 98
of youth services who temporarily is outside of the institution 99
for any purpose or by a probationer, parolee, or furloughee. 100
(d) The offense occurs off the grounds of a local 102
correctional facility, the victim of the offense is an employee 103
of the local correctional facility or a probation department, the 104
offense occurs during the employee's official work hours and 105
while the employee is engaged in official work responsibilities, 106
and the offense is committed by a person who is under custody in 107
the facility subsequent to the person's arrest for any crime or 108
delinquent act, subsequent to the person being charged with or 109
convicted of any crime, or subsequent to the person being alleged 110
to be or adjudicated a delinquent child and who temporarily is 112
outside of the facility for any purpose or by a probationer, 113
parolee, or furloughee.
(3) If the victim of the offense is a peace officer, a 115
fire fighter, or a person performing emergency medical service, 116
while in the performance of their official duties, assault is a 117
felony of the fourth degree. 118
(4) IF THE VICTIM OF THE OFFENSE IS A MEMBER OF A BOARD OF 120
EDUCATION, A SCHOOL TEACHER, SUPERVISOR, OR ADMINISTRATOR, A 122
SCHOOL EMPLOYEE, OR A SCHOOL BUS OPERATOR AND THE OFFENSE OCCURS 123
AT A MEETING OF A BOARD OF EDUCATION, ON THE BUSINESS PREMISES OF 125
A BOARD OF EDUCATION, ON SCHOOL PREMISES, IN A SCHOOL BUILDING, 126
ON A SCHOOL BUS, OR WHILE THE VICTIM IS OUTSIDE OF A MEETING OF A 128
BOARD OF EDUCATION, THE BUSINESS PREMISES OF A BOARD OF 129
EDUCATION, OR SCHOOL PREMISES AND IS ENGAGED IN THE COURSE OF 131
DUTIES OR OFFICIAL RESPONSIBILITIES ASSOCIATED WITH THE VICTIM'S
EMPLOYMENT OR POSITION AS A MEMBER OF A BOARD OF EDUCATION, 133
SCHOOL TEACHER, SUPERVISOR, OR ADMINISTRATOR, SCHOOL EMPLOYEE, OR 134
4
SCHOOL BUS OPERATOR, INCLUDING, BUT NOT LIMITED TO, TUTORING 135
STUDENTS OUTSIDE OF SCHOOL PREMISES AND ACCOMPANYING OR 136
CHAPERONING STUDENTS AT OR ON CLASS OR FIELD TRIPS, ATHLETIC 137
EVENTS, OR OTHER SCHOOL EXTRACURRICULAR ACTIVITIES OR FUNCTIONS 138
OUTSIDE OF SCHOOL PREMISES, ASSAULT IS A FELONY OF THE FOURTH 140
DEGREE.
(5) As used in this section: 142
(a) "Peace officer" has the same meaning as in section 144
2935.01 of the Revised Code. 145
(b) "Fire fighter" has the same meaning as in section 147
3937.41 of the Revised Code. 148
(c) "Emergency medical service" has the same meaning as in 150
section 4765.01 of the Revised Code. 151
(d) "Local correctional facility" means any A county, 153
multicounty, municipal, municipal-county, or 154
multicounty-municipal jail or workhouse, any A minimum security 155
jail established under section 341.23 or 753.21 of the Revised 157
Code, or any other ANOTHER county, multicounty, municipal, 158
municipal-county, or multicounty-municipal facility used for the 159
custody of persons arrested for any crime or delinquent act, 160
persons charged with or convicted of any crime, or persons 161
alleged to be or adjudicated a delinquent child. 162
(e) "Employee of a local correctional facility" means any 164
A person who is an employee of the political subdivision or of 165
one or more of the affiliated political subdivisions that 166
operates the local correctional facility and who operates or 167
assists in the operation of the facility. 168
(f) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" 170
HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE. 172
(g) "SCHOOL TEACHER, SUPERVISOR, OR ADMINISTRATOR" MEANS 174
EITHER OF THE FOLLOWING: 176
(i) A PERSON WHO IS EMPLOYED IN THE PUBLIC SCHOOLS OF THE 178
STATE UNDER A CONTRACT DESCRIBED IN SECTION 3319.08 OF THE 179
REVISED CODE IN A POSITION IN WHICH THE PERSON IS REQUIRED TO 180
5
HAVE A CERTIFICATE ISSUED PURSUANT TO SECTIONS 3319.22 TO 182
3319.311 OF THE REVISED CODE.
(ii) A PERSON WHO IS EMPLOYED BY A NONPUBLIC SCHOOL FOR 184
WHICH THE STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS 186
UNDER SECTION 3301.07 OF THE REVISED CODE AND WHO IS CERTIFICATED 187
IN ACCORDANCE WITH SECTION 3301.071 OF THE REVISED CODE. 188
(h) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 190
4511.01 OF THE REVISED CODE.
(i) "SCHOOL EMPLOYEE" MEANS A PERSON WHO IS EMPLOYED IN 192
THE PUBLIC SCHOOLS OF THE STATE OR BY A NONPUBLIC SCHOOL AND WHO 193
IS NOT A SCHOOL TEACHER, SUPERVISOR, OR ADMINISTRATOR DESCRIBED 194
IN DIVISION (C)(5)(g) OF THIS SECTION, INCLUDING, BUT NOT LIMITED 195
TO, A CUSTODIAN, SECRETARY, OR CAFETERIA WORKER. 196
(j) "BOARD OF EDUCATION" MEANS THE STATE BOARD OF 198
EDUCATION CREATED BY SECTION 3301.01 OF THE REVISED CODE, A BOARD 200
OF EDUCATION OF A CITY, LOCAL, EXEMPTED VILLAGE, JOINT 201
VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL DISTRICT, THE 202
GOVERNING BODY OF AN EDUCATIONAL SERVICE CENTER, OR THE GOVERNING 203
BODY OF A NONPUBLIC SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION
PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE REVISED 204
CODE. 205
Section 2. That existing section 2903.13 of the Revised 207
Code is hereby repealed. 208
Section 3. Section 2903.13 of the Revised Code is 210
presented in Section 1 of this act as a composite of the section 211
as amended by both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 212
121st General Assembly, with the new language of neither of the 214
acts shown in capital letters. This is in recognition of the 215
principle stated in division (B) of section 1.52 of the Revised 216
Code that such amendments are to be harmonized where not 217
substantively irreconcilable and constitutes a legislative 218
finding that such is the resulting version in effect prior to the 219
effective date of this act.