As Passed by the House 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
GARCIA-GRENDELL-CLANCY-BRADING-REID-HOUSEHOLDER-JOHNSON- 10
MYERS-BATEMAN-CORE-DAMSCHRODER-MOTTLEY-VERICH-MOTTL- 11
CATES-PRINGLE-HAINES-HEALY-TIBERI-OLMAN-COUGHLIN- 12
METELSKY-WILSON-SALERNO 13
15
A B I L L
To amend section 2903.13 of the Revised Code to make 17
assault a felony of the fifth degree when the 18
victim is a school teacher or administrator or a 20
school bus operator and the assault occurs on 21
school premises, in a school building, or, under 22
certain circumstances, outside of school 24
premises. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 2903.13 of the Revised Code be 29
amended to read as follows: 30
Sec. 2903.13. (A) No person shall knowingly cause or 39
attempt to cause physical harm to another or to another's unborn. 40
(B) No person shall recklessly cause serious physical harm 42
to another or to another's unborn. 43
(C) Whoever violates this section is guilty of assault. 45
Except as otherwise provided in division (C)(1), (2), or (3) of 47
this section, assault is a misdemeanor of the first degree. 48
(1) If the offense is committed by a caretaker against a 50
functionally impaired person under the caretaker's care, assault 51
is a felony of the fourth degree. If the offense is committed by 53
a caretaker against a functionally impaired person under the 54
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caretaker's care, if the offender previously has been convicted 56
of or pleaded guilty to a violation of this section or section 57
2903.11 or 2903.16 of the Revised Code, and if in relation to the 58
previous conviction the offender was a caretaker and the victim 59
was a functionally impaired person under the offender's care, 60
assault is a felony of the third degree. 61
(2) If the offense is committed in any of the following 63
circumstances, assault is a felony of the fifth degree: 64
(a) The offense occurs in or on the grounds of a state 66
correctional institution or an institution of the department of 67
youth services, the victim of the offense is an employee of the 68
department of rehabilitation and correction, the department of 69
youth services, or a probation department or is on the premises 70
of the particular institution for business purposes or as a 71
visitor, and the offense is committed by a person incarcerated in 72
the state correctional institution, a person institutionalized in 73
the department of youth services institution pursuant to a 74
commitment to the department of youth services, or a probationer, 75
furloughee, or parolee; 76
(b) The offense occurs in or on the grounds of a local 78
correctional facility, the victim of the offense is an employee 79
of the local correctional facility or a probation department or 80
is on the premises of the facility for business purposes or as a 81
visitor, and the offense is committed by a person who is under 82
custody in the facility subsequent to the person's arrest for any 83
crime or delinquent act, subsequent to the person's being charged 85
with or convicted of any crime, or subsequent to the person's 87
being alleged to be or adjudicated a delinquent child. 88
(c) The offense occurs off the grounds of a state 90
correctional institution and off the grounds of an institution of 91
the department of youth services, the victim of the offense is an 92
employee of the department of rehabilitation and correction, the 93
department of youth services, or a probation department, the 94
offense occurs during the employee's official work hours and 95
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while the employee is engaged in official work responsibilities, 96
and the offense is committed by a person incarcerated in a state 98
correctional institution or institutionalized in the department 99
of youth services who temporarily is outside of the institution 100
for any purpose or by a probationer, parolee, or furloughee. 101
(d) The offense occurs off the grounds of a local 103
correctional facility, the victim of the offense is an employee 104
of the local correctional facility or a probation department, the 105
offense occurs during the employee's official work hours and 106
while the employee is engaged in official work responsibilities, 107
and the offense is committed by a person who is under custody in 108
the facility subsequent to the person's arrest for any crime or 109
delinquent act, subsequent to the person being charged with or 110
convicted of any crime, or subsequent to the person being alleged 111
to be or adjudicated a delinquent child and who temporarily is 113
outside of the facility for any purpose or by a probationer, 114
parolee, or furloughee.
(e) THE VICTIM OF THE OFFENSE IS A SCHOOL TEACHER OR 116
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, AND THE OFFENSE OCCURS ON 117
SCHOOL PREMISES, IN A SCHOOL BUILDING, ON A SCHOOL BUS, OR WHILE 118
THE VICTIM IS OUTSIDE OF SCHOOL PREMISES OR A SCHOOL BUS AND IS 120
ENGAGED IN DUTIES OR OFFICIAL RESPONSIBILITIES ASSOCIATED WITH 121
THE VICTIM'S EMPLOYMENT OR POSITION AS A SCHOOL TEACHER OR 122
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, INCLUDING, BUT NOT
LIMITED TO, DRIVING, ACCOMPANYING, OR CHAPERONING STUDENTS AT OR 123
ON CLASS OR FIELD TRIPS, ATHLETIC EVENTS, OR OTHER SCHOOL 124
EXTRACURRICULAR ACTIVITIES OR FUNCTIONS OUTSIDE OF SCHOOL 125
PREMISES.
(3) If the victim of the offense is a peace officer, a 127
fire fighter, or a person performing emergency medical service, 128
while in the performance of their official duties, assault is a 129
felony of the fourth degree. 130
(4) As used in this section: 132
(a) "Peace officer" has the same meaning as in section 134
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2935.01 of the Revised Code. 135
(b) "Fire fighter" has the same meaning as in section 137
3937.41 of the Revised Code. 138
(c) "Emergency medical service" has the same meaning as in 140
section 4765.01 of the Revised Code. 141
(d) "Local correctional facility" means any A county, 143
multicounty, municipal, municipal-county, or 144
multicounty-municipal jail or workhouse, any A minimum security 145
jail established under section 341.23 or 753.21 of the Revised 147
Code, or any other ANOTHER county, multicounty, municipal, 148
municipal-county, or multicounty-municipal facility used for the 149
custody of persons arrested for any crime or delinquent act, 150
persons charged with or convicted of any crime, or persons 151
alleged to be or adjudicated a delinquent child. 152
(e) "Employee of a local correctional facility" means any 154
A person who is an employee of the political subdivision or of 155
one or more of the affiliated political subdivisions that 156
operates the local correctional facility and who operates or 157
assists in the operation of the facility. 158
(f) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" 160
HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE. 162
(g) "SCHOOL TEACHER OR ADMINISTRATOR" MEANS EITHER OF THE 166
FOLLOWING:
(i) A PERSON WHO IS EMPLOYED IN THE PUBLIC SCHOOLS OF THE 168
STATE UNDER A CONTRACT DESCRIBED IN SECTION 3319.08 OF THE 169
REVISED CODE IN A POSITION IN WHICH THE PERSON IS REQUIRED TO 170
HAVE A CERTIFICATE ISSUED PURSUANT TO SECTIONS 3319.22 TO 172
3319.311 OF THE REVISED CODE.
(ii) A PERSON WHO IS EMPLOYED BY A NONPUBLIC SCHOOL FOR 174
WHICH THE STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS 176
UNDER SECTION 3301.07 OF THE REVISED CODE AND WHO IS CERTIFICATED 177
IN ACCORDANCE WITH SECTION 3301.071 OF THE REVISED CODE. 178
(h) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 180
4511.01 OF THE REVISED CODE.
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Section 2. That existing section 2903.13 of the Revised 182
Code is hereby repealed. 183
Section 3. Section 2903.13 of the Revised Code is 185
presented in Section 1 of this act as a composite of the section 186
as amended by both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 187
121st General Assembly, with the new language of neither of the 189
acts shown in capital letters. This is in recognition of the 190
principle stated in division (B) of section 1.52 of the Revised 191
Code that such amendments are to be harmonized where not 192
substantively irreconcilable and constitutes a legislative 193
finding that such is the resulting version in effect prior to the 194
effective date of this act.