As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session H. B. No. 293 5
1997-1998 6
REPRESENTATIVES GERBERRY-LUCAS-FORD-GARCIA-BATCHELDER 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 13
facility of alleged or convicted offenders or 14
alleged or adjudicated delinquent or unruly 15
children who violate or allegedly violate a law 16
of this state, another state, or the United 17
States. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2921.01 of the Revised Code be 21
amended to read as follows: 22
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of 31
the Revised Code: 32
(A) "Public official" means any elected or appointed 34
officer, or employee, or agent of the state or any political 35
subdivision, whether in a temporary or permanent capacity, and 36
includes, but is not limited to, legislators, judges, and law 38
enforcement officers.
(B) "Public servant" means any of the following: 40
(1) Any public official; 42
(2) Any person performing ad hoc a governmental function, 44
including, but not limited to, a juror, member of a temporary 46
commission, master, arbitrator, advisor, or consultant; 47
(3) A person who is a candidate for public office, whether 49
or not the person is elected or appointed to the office for which 51
the person is a candidate. A person is a candidate for purposes 53
2
of this division if the person has been nominated according to 54
law for election or appointment to public office, or if the 55
person has filed a petition or petitions as required by law to 56
have the person's name placed on the ballot in a primary, 57
general, or special election, or if the person campaigns as a 58
write-in candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an 60
elective or appointive post in a political party in the United 61
States or this state, by virtue of which the person directs, 62
conducts, or participates in directing or conducting party 64
affairs at any level of responsibility. 65
(D) "Official proceeding" means any proceeding before a 67
legislative, judicial, administrative, or other governmental 68
agency or official authorized to take evidence under oath, and 69
includes any proceeding before a referee, hearing examiner, 70
commissioner, notary, or other person taking testimony or a 71
deposition in connection with an official proceeding. 72
(E) "Detention" means arrest; confinement in any vehicle 74
subsequent to an arrest; confinement in any PUBLIC OR PRIVATE 75
facility for custody of persons charged with or convicted of 77
crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE 78
UNITED STATES or alleged or found to be a delinquent child or 80
unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF 81
THE UNITED STATES; hospitalization, institutionalization, or 82
confinement in any PUBLIC OR PRIVATE facility that is ordered 84
pursuant to or under the authority of section 2945.37, 2945.371, 85
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 86
Code; confinement in any vehicle for transportation to or from 88
any facility of any of those natures; detention for extradition 89
or deportation; except as provided in this division, supervision 90
by any employee of any facility of any of those natures that is 91
incidental to hospitalization, institutionalization, or 92
confinement in the facility but that occurs outside the facility; 93
or supervision by an employee of the department of rehabilitation 94
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and correction of a person on any type of release from a state
correctional institution. For a person confined in a county jail 95
who participates in a county jail industry program pursuant to 96
section 5147.30 of the Revised Code, "detention" includes time 97
spent at an assigned work site and going to and from the work 98
site. 99
(F) "Detention facility" means any place used for the 101
confinement of a person charged with or convicted of any crime or 102
alleged or found to be a delinquent child or unruly child. 103
(G) "Valuable thing or valuable benefit" includes, but is 105
not limited to, a contribution. This inclusion does not indicate 106
or imply that a contribution was not included in those terms 107
before September 17, 1986. 108
(H) "Campaign committee," "contribution," "political 110
action committee," "legislative campaign fund," and "political 112
party" have the same meanings as in section 3517.01 of the 113
Revised Code.
(I) "Provider agreement" and "medical assistance program" 115
have the same meanings as in section 2913.40 of the Revised Code. 116
Section 2. That existing section 2921.01 of the Revised 118
Code is hereby repealed. 119