As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 293 5
1997-1998 6
REPRESENTATIVE GERBERRY 8
9
A B I L L
To amend section 2921.01 of the Revised Code to 11
amend the definition of "detention" to expressly 12
include the confinement in any public or private
facility of alleged or convicted offenders or 13
alleged or adjudicated delinquent or unruly 14
children who violate or allegedly violate a law
of this state, another state, or the United 15
States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 2921.01 of the Revised Code be 18
amended to read as follows: 19
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of 28
the Revised Code: 29
(A) "Public official" means any elected or appointed 31
officer, or employee, or agent of the state or any political 32
subdivision, whether in a temporary or permanent capacity, and 33
includes, but is not limited to, legislators, judges, and law 35
enforcement officers.
(B) "Public servant" means any of the following: 37
(1) Any public official; 39
(2) Any person performing ad hoc a governmental function, 41
including, but not limited to, a juror, member of a temporary 43
commission, master, arbitrator, advisor, or consultant; 44
(3) A person who is a candidate for public office, whether 46
or not the person is elected or appointed to the office for which 48
the person is a candidate. A person is a candidate for purposes 50
2
of this division if the person has been nominated according to 51
law for election or appointment to public office, or if the 52
person has filed a petition or petitions as required by law to 53
have the person's name placed on the ballot in a primary, 54
general, or special election, or if the person campaigns as a 55
write-in candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an 57
elective or appointive post in a political party in the United 58
States or this state, by virtue of which the person directs, 59
conducts, or participates in directing or conducting party 61
affairs at any level of responsibility. 62
(D) "Official proceeding" means any proceeding before a 64
legislative, judicial, administrative, or other governmental 65
agency or official authorized to take evidence under oath, and 66
includes any proceeding before a referee, hearing examiner, 67
commissioner, notary, or other person taking testimony or a 68
deposition in connection with an official proceeding. 69
(E) "Detention" means arrest; confinement in any vehicle 71
subsequent to an arrest; confinement in any PUBLIC OR PRIVATE 72
facility for custody of persons charged with or convicted of 74
crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE 75
UNITED STATES or alleged or found to be a delinquent child or 77
unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF 78
THE UNITED STATES; hospitalization, institutionalization, or 79
confinement in any PUBLIC OR PRIVATE facility that is ordered 81
pursuant to or under the authority of section 2945.37, 2945.371, 82
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 83
Code; confinement in any vehicle for transportation to or from 85
any facility of any of those natures; detention for extradition 86
or deportation; except as provided in this division, supervision 87
by any employee of any facility of any of those natures that is 88
incidental to hospitalization, institutionalization, or 89
confinement in the facility but that occurs outside the facility; 90
or supervision by an employee of the department of rehabilitation 91
3
and correction of a person on any type of release from a state
correctional institution. For a person confined in a county jail 92
who participates in a county jail industry program pursuant to 93
section 5147.30 of the Revised Code, "detention" includes time 94
spent at an assigned work site and going to and from the work 95
site. 96
(F) "Detention facility" means any place used for the 98
confinement of a person charged with or convicted of any crime or 99
alleged or found to be a delinquent child or unruly child. 100
(G) "Valuable thing or valuable benefit" includes, but is 102
not limited to, a contribution. This inclusion does not indicate 103
or imply that a contribution was not included in those terms 104
before September 17, 1986. 105
(H) "Campaign committee," "contribution," "political 107
action committee," "legislative campaign fund," and "political 109
party" have the same meanings as in section 3517.01 of the 110
Revised Code.
(I) "Provider agreement" and "medical assistance program" 112
have the same meanings as in section 2913.40 of the Revised Code. 113
Section 2. That existing section 2921.01 of the Revised 115
Code is hereby repealed. 116