As Reported by the Senate Judiciary 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
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-SENATORS BLESSING-LATTA- 13
B. JOHNSON-OELSLAGER 14
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A B I L L
To amend section 2903.13 of the Revised Code to make 18
assault a felony of the fifth degree when the 19
victim is a school teacher or administrator or a 21
school bus operator and the assault occurs on 22
school premises, in a school building, or, under 23
certain circumstances, outside of school 25
premises. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That section 2903.13 of the Revised Code be 30
amended to read as follows: 31
Sec. 2903.13. (A) No person shall knowingly cause or 40
attempt to cause physical harm to another or to another's unborn. 41
(B) No person shall recklessly cause serious physical harm 43
to another or to another's unborn. 44
(C) Whoever violates this section is guilty of assault. 46
Except as otherwise provided in division (C)(1), (2), or (3) of 48
this section, assault is a misdemeanor of the first degree. 49
(1) If the offense is committed by a caretaker against a 51
functionally impaired person under the caretaker's care, assault 52
is a felony of the fourth degree. If the offense is committed by 54
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a caretaker against a functionally impaired person under the 55
caretaker's care, if the offender previously has been convicted 57
of or pleaded guilty to a violation of this section or section 58
2903.11 or 2903.16 of the Revised Code, and if in relation to the 59
previous conviction the offender was a caretaker and the victim 60
was a functionally impaired person under the offender's care, 61
assault is a felony of the third degree. 62
(2) If the offense is committed in any of the following 64
circumstances, assault is a felony of the fifth degree: 65
(a) The offense occurs in or on the grounds of a state 67
correctional institution or an institution of the department of 68
youth services, the victim of the offense is an employee of the 69
department of rehabilitation and correction, the department of 70
youth services, or a probation department or is on the premises 71
of the particular institution for business purposes or as a 72
visitor, and the offense is committed by a person incarcerated in 73
the state correctional institution, a person institutionalized in 74
the department of youth services institution pursuant to a 75
commitment to the department of youth services, or a probationer, 76
furloughee, or parolee; 77
(b) The offense occurs in or on the grounds of a local 79
correctional facility, the victim of the offense is an employee 80
of the local correctional facility or a probation department or 81
is on the premises of the facility for business purposes or as a 82
visitor, and the offense is committed by a person who is under 83
custody in the facility subsequent to the person's arrest for any 84
crime or delinquent act, subsequent to the person's being charged 86
with or convicted of any crime, or subsequent to the person's 88
being alleged to be or adjudicated a delinquent child. 89
(c) The offense occurs off the grounds of a state 91
correctional institution and off the grounds of an institution of 92
the department of youth services, the victim of the offense is an 93
employee of the department of rehabilitation and correction, the 94
department of youth services, or a probation department, the 95
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offense occurs during the employee's official work hours and 96
while the employee is engaged in official work responsibilities, 97
and the offense is committed by a person incarcerated in a state 99
correctional institution or institutionalized in the department 100
of youth services who temporarily is outside of the institution 101
for any purpose or by a probationer, parolee, or furloughee. 102
(d) The offense occurs off the grounds of a local 104
correctional facility, the victim of the offense is an employee 105
of the local correctional facility or a probation department, the 106
offense occurs during the employee's official work hours and 107
while the employee is engaged in official work responsibilities, 108
and the offense is committed by a person who is under custody in 109
the facility subsequent to the person's arrest for any crime or 110
delinquent act, subsequent to the person being charged with or 111
convicted of any crime, or subsequent to the person being alleged 112
to be or adjudicated a delinquent child and who temporarily is 114
outside of the facility for any purpose or by a probationer, 115
parolee, or furloughee.
(e) THE VICTIM OF THE OFFENSE IS A SCHOOL TEACHER OR 117
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, AND THE OFFENSE OCCURS ON 118
SCHOOL PREMISES, IN A SCHOOL BUILDING, ON A SCHOOL BUS, OR WHILE 119
THE VICTIM IS OUTSIDE OF SCHOOL PREMISES OR A SCHOOL BUS AND IS 121
ENGAGED IN DUTIES OR OFFICIAL RESPONSIBILITIES ASSOCIATED WITH 122
THE VICTIM'S EMPLOYMENT OR POSITION AS A SCHOOL TEACHER OR 123
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, INCLUDING, BUT NOT
LIMITED TO, DRIVING, ACCOMPANYING, OR CHAPERONING STUDENTS AT OR 124
ON CLASS OR FIELD TRIPS, ATHLETIC EVENTS, OR OTHER SCHOOL 125
EXTRACURRICULAR ACTIVITIES OR FUNCTIONS OUTSIDE OF SCHOOL 126
PREMISES.
(3) If the victim of the offense is a peace officer, a 128
fire fighter, or a person performing emergency medical service, 129
while in the performance of their official duties, assault is a 130
felony of the fourth degree. 131
(4) As used in this section: 133
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(a) "Peace officer" has the same meaning as in section 135
2935.01 of the Revised Code. 136
(b) "Fire fighter" has the same meaning as in section 138
3937.41 of the Revised Code. 139
(c) "Emergency medical service" has the same meaning as in 141
section 4765.01 of the Revised Code. 142
(d) "Local correctional facility" means any A county, 144
multicounty, municipal, municipal-county, or 145
multicounty-municipal jail or workhouse, any A minimum security 146
jail established under section 341.23 or 753.21 of the Revised 148
Code, or any other ANOTHER county, multicounty, municipal, 149
municipal-county, or multicounty-municipal facility used for the 150
custody of persons arrested for any crime or delinquent act, 151
persons charged with or convicted of any crime, or persons 152
alleged to be or adjudicated a delinquent child. 153
(e) "Employee of a local correctional facility" means any 155
A person who is an employee of the political subdivision or of 156
one or more of the affiliated political subdivisions that 157
operates the local correctional facility and who operates or 158
assists in the operation of the facility. 159
(f) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" 161
HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE. 163
(g) "SCHOOL TEACHER OR ADMINISTRATOR" MEANS EITHER OF THE 167
FOLLOWING:
(i) A PERSON WHO IS EMPLOYED IN THE PUBLIC SCHOOLS OF THE 169
STATE UNDER A CONTRACT DESCRIBED IN SECTION 3319.08 OF THE 170
REVISED CODE IN A POSITION IN WHICH THE PERSON IS REQUIRED TO 171
HAVE A CERTIFICATE ISSUED PURSUANT TO SECTIONS 3319.22 TO 173
3319.311 OF THE REVISED CODE.
(ii) A PERSON WHO IS EMPLOYED BY A NONPUBLIC SCHOOL FOR 175
WHICH THE STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS 177
UNDER SECTION 3301.07 OF THE REVISED CODE AND WHO IS CERTIFICATED 178
IN ACCORDANCE WITH SECTION 3301.071 OF THE REVISED CODE. 179
(h) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 181
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4511.01 OF THE REVISED CODE.
Section 2. That existing section 2903.13 of the Revised 183
Code is hereby repealed. 184
Section 3. Section 2903.13 of the Revised Code is 186
presented in Section 1 of this act as a composite of the section 187
as amended by both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 188
121st General Assembly, with the new language of neither of the 190
acts shown in capital letters. This is in recognition of the 191
principle stated in division (B) of section 1.52 of the Revised 192
Code that such amendments are to be harmonized where not 193
substantively irreconcilable and constitutes a legislative 194
finding that such is the resulting version in effect prior to the 195
effective date of this act.