As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 293  5            

      1997-1998                                                    6            


  REPRESENTATIVES GERBERRY-LUCAS-FORD-GARCIA-BATCHELDER-LEWIS-     8            

          VESPER-SAWYER-LOGAN-OGG-COLONNA-VERICH-MASON             9            


                                                                   10           

                           A   B I L L                                          

             To amend section 2921.01 of the Revised Code to       12           

                amend the definition of "detention" to expressly   13           

                include the confinement in any  public or private  14           

                facility of alleged or convicted offenders or      15           

                alleged or adjudicated delinquent or unruly        16           

                children who violate or allegedly violate  a law   17           

                of this state, another state, or the United        18           

                States.                                            19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That section 2921.01 of the Revised Code be      22           

amended to read as follows:                                        23           

      Sec. 2921.01.  As used in sections 2921.01 to 2921.45 of     32           

the Revised Code:                                                  33           

      (A)  "Public official" means any elected or appointed        35           

officer, or employee, or agent of the state or any political       36           

subdivision, whether in a temporary or permanent capacity, and     37           

includes, but is not limited to, legislators, judges, and law      39           

enforcement officers.                                                           

      (B)  "Public servant" means any of the following:            41           

      (1)  Any public official;                                    43           

      (2)  Any person performing ad hoc a governmental function,   45           

including, but not limited to, a juror, member of a temporary      47           

commission, master, arbitrator, advisor, or consultant;            48           

      (3)  A person who is a candidate for public office, whether  50           

or not the person is elected or appointed to the office for which  52           

                                                          2      

                                                                 
the person is a candidate.  A person is a candidate for purposes   54           

of this division if the person has been nominated according to     55           

law for election or appointment to public office, or if the        56           

person has filed a petition or petitions as required by law to     57           

have the person's name placed on the ballot in a primary,          58           

general, or special election, or if the person campaigns as a      59           

write-in candidate in any primary, general, or special election.                

      (C)  "Party official" means any person who holds an          61           

elective or appointive post in a political party in the United     62           

States or this state, by virtue of which the person directs,       63           

conducts, or participates in directing or conducting party         65           

affairs at any level of responsibility.                            66           

      (D)  "Official proceeding" means any proceeding before a     68           

legislative, judicial, administrative, or other governmental       69           

agency or official authorized to take evidence under oath, and     70           

includes any proceeding before a referee, hearing examiner,        71           

commissioner, notary, or other person taking testimony or a        72           

deposition in connection with an official proceeding.              73           

      (E)  "Detention" means arrest; confinement in any vehicle    75           

subsequent to an arrest; confinement in any PUBLIC OR PRIVATE      76           

facility for custody of persons charged with or convicted of       78           

crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE      79           

UNITED STATES or alleged or found to be a delinquent child or      81           

unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF   82           

THE UNITED STATES; hospitalization, institutionalization, or       83           

confinement in any PUBLIC OR PRIVATE facility that is ordered      85           

pursuant to or under the authority of section 2945.37, 2945.371,   86           

2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised    87           

Code; confinement in any vehicle for transportation to or from     89           

any facility of any of those natures; detention for extradition    90           

or deportation; except as provided in this division, supervision   91           

by any employee of any facility of any of those natures that is    92           

incidental to hospitalization, institutionalization, or            93           

confinement in the facility but that occurs outside the facility;  94           

                                                          3      

                                                                 
or supervision by an employee of the department of rehabilitation  95           

and correction of a person on any type of release from a state                  

correctional institution.  For a person confined in a county jail  96           

who participates in a county jail industry program pursuant to     97           

section 5147.30 of the Revised Code, "detention" includes time     98           

spent at an assigned work site and going to and from the work      99           

site.                                                              100          

      (F)  "Detention facility" means any place used for the       102          

confinement of a person charged with or convicted of any crime or  103          

alleged or found to be a delinquent child or unruly child.         104          

      (G)  "Valuable thing or valuable benefit" includes, but is   106          

not limited to, a contribution.  This inclusion does not indicate  107          

or imply that a contribution was not included in those terms       108          

before September 17, 1986.                                         109          

      (H)  "Campaign committee," "contribution," "political        111          

action committee," "legislative campaign fund," and "political     113          

party" have the same meanings as in section 3517.01 of the         114          

Revised Code.                                                                   

      (I)  "Provider agreement" and "medical assistance program"   116          

have the same meanings as in section 2913.40 of the Revised Code.  117          

      Section 2.  That existing section 2921.01 of the Revised     119          

Code is hereby repealed.                                           120