As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. 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-FORD 9
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A B I L L
To amend section 2903.13 of the Revised Code to make 13
assault a felony of the fifth degree when the 14
victim is a school teacher or administrator or a 16
school bus operator and the assault occurs on 17
school premises, in a school building, or, under 18
certain circumstances, outside of school 20
premises. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2903.13 of the Revised Code be 25
amended to read as follows: 26
Sec. 2903.13. (A) No person shall knowingly cause or 35
attempt to cause physical harm to another or to another's unborn. 36
(B) No person shall recklessly cause serious physical harm 38
to another or to another's unborn. 39
(C) Whoever violates this section is guilty of assault. 41
Except as otherwise provided in division (C)(1), (2), or (3) of 43
this section, assault is a misdemeanor of the first degree. 44
(1) If the offense is committed by a caretaker against a 46
functionally impaired person under the caretaker's care, assault 47
is a felony of the fourth degree. If the offense is committed by 49
a caretaker against a functionally impaired person under the 50
caretaker's care, if the offender previously has been convicted 52
of or pleaded guilty to a violation of this section or section 53
2903.11 or 2903.16 of the Revised Code, and if in relation to the 54
previous conviction the offender was a caretaker and the victim 55
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was a functionally impaired person under the offender's care, 56
assault is a felony of the third degree. 57
(2) If the offense is committed in any of the following 59
circumstances, assault is a felony of the fifth degree: 60
(a) The offense occurs in or on the grounds of a state 62
correctional institution or an institution of the department of 63
youth services, the victim of the offense is an employee of the 64
department of rehabilitation and correction, the department of 65
youth services, or a probation department or is on the premises 66
of the particular institution for business purposes or as a 67
visitor, and the offense is committed by a person incarcerated in 68
the state correctional institution, a person institutionalized in 69
the department of youth services institution pursuant to a 70
commitment to the department of youth services, or a probationer, 71
furloughee, or parolee; 72
(b) The offense occurs in or on the grounds of a local 74
correctional facility, the victim of the offense is an employee 75
of the local correctional facility or a probation department or 76
is on the premises of the facility for business purposes or as a 77
visitor, and the offense is committed by a person who is under 78
custody in the facility subsequent to the person's arrest for any 79
crime or delinquent act, subsequent to the person's being charged 81
with or convicted of any crime, or subsequent to the person's 83
being alleged to be or adjudicated a delinquent child. 84
(c) The offense occurs off the grounds of a state 86
correctional institution and off the grounds of an institution of 87
the department of youth services, the victim of the offense is an 88
employee of the department of rehabilitation and correction, the 89
department of youth services, or a probation department, the 90
offense occurs during the employee's official work hours and 91
while the employee is engaged in official work responsibilities, 92
and the offense is committed by a person incarcerated in a state 94
correctional institution or institutionalized in the department 95
of youth services who temporarily is outside of the institution 96
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for any purpose or by a probationer, parolee, or furloughee. 97
(d) The offense occurs off the grounds of a local 99
correctional facility, the victim of the offense is an employee 100
of the local correctional facility or a probation department, the 101
offense occurs during the employee's official work hours and 102
while the employee is engaged in official work responsibilities, 103
and the offense is committed by a person who is under custody in 104
the facility subsequent to the person's arrest for any crime or 105
delinquent act, subsequent to the person being charged with or 106
convicted of any crime, or subsequent to the person being alleged 107
to be or adjudicated a delinquent child and who temporarily is 109
outside of the facility for any purpose or by a probationer, 110
parolee, or furloughee.
(e) THE VICTIM OF THE OFFENSE IS A SCHOOL TEACHER OR 112
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, AND THE OFFENSE OCCURS ON 113
SCHOOL PREMISES, IN A SCHOOL BUILDING, ON A SCHOOL BUS, OR WHILE 114
THE VICTIM IS OUTSIDE OF SCHOOL PREMISES OR A SCHOOL BUS AND IS 116
ENGAGED IN DUTIES OR OFFICIAL RESPONSIBILITIES ASSOCIATED WITH 117
THE VICTIM'S EMPLOYMENT OR POSITION AS A SCHOOL TEACHER OR 118
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, INCLUDING, BUT NOT
LIMITED TO, DRIVING, ACCOMPANYING, OR CHAPERONING STUDENTS AT OR 119
ON CLASS OR FIELD TRIPS, ATHLETIC EVENTS, OR OTHER SCHOOL 120
EXTRACURRICULAR ACTIVITIES OR FUNCTIONS OUTSIDE OF SCHOOL 121
PREMISES.
(3) If the victim of the offense is a peace officer, a 123
fire fighter, or a person performing emergency medical service, 124
while in the performance of their official duties, assault is a 125
felony of the fourth degree. 126
(4) As used in this section: 128
(a) "Peace officer" has the same meaning as in section 130
2935.01 of the Revised Code. 131
(b) "Fire fighter" has the same meaning as in section 133
3937.41 of the Revised Code. 134
(c) "Emergency medical service" has the same meaning as in 136
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section 4765.01 of the Revised Code. 137
(d) "Local correctional facility" means any A county, 139
multicounty, municipal, municipal-county, or 140
multicounty-municipal jail or workhouse, any A minimum security 141
jail established under section 341.23 or 753.21 of the Revised 143
Code, or any other ANOTHER county, multicounty, municipal, 144
municipal-county, or multicounty-municipal facility used for the 145
custody of persons arrested for any crime or delinquent act, 146
persons charged with or convicted of any crime, or persons 147
alleged to be or adjudicated a delinquent child. 148
(e) "Employee of a local correctional facility" means any 150
A person who is an employee of the political subdivision or of 151
one or more of the affiliated political subdivisions that 152
operates the local correctional facility and who operates or 153
assists in the operation of the facility. 154
(f) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" 156
HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE. 158
(g) "SCHOOL TEACHER OR ADMINISTRATOR" MEANS EITHER OF THE 162
FOLLOWING:
(i) A PERSON WHO IS EMPLOYED IN THE PUBLIC SCHOOLS OF THE 164
STATE UNDER A CONTRACT DESCRIBED IN SECTION 3319.08 OF THE 165
REVISED CODE IN A POSITION IN WHICH THE PERSON IS REQUIRED TO 166
HAVE A CERTIFICATE ISSUED PURSUANT TO SECTIONS 3319.22 TO 168
3319.311 OF THE REVISED CODE.
(ii) A PERSON WHO IS EMPLOYED BY A NONPUBLIC SCHOOL FOR 170
WHICH THE STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS 172
UNDER SECTION 3301.07 OF THE REVISED CODE AND WHO IS CERTIFICATED 173
IN ACCORDANCE WITH SECTION 3301.071 OF THE REVISED CODE. 174
(h) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 176
4511.01 OF THE REVISED CODE.
Section 2. That existing section 2903.13 of the Revised 178
Code is hereby repealed. 179
Section 3. Section 2903.13 of the Revised Code is 181
presented in Section 1 of this act as a composite of the section 182
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as amended by both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 183
121st General Assembly, with the new language of neither of the 185
acts shown in capital letters. This is in recognition of the 186
principle stated in division (B) of section 1.52 of the Revised 187
Code that such amendments are to be harmonized where not 188
substantively irreconcilable and constitutes a legislative 189
finding that such is the resulting version in effect prior to the 190
effective date of this act.