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