As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 37 5
1997-1998 6
REPRESENTATIVES BATEMAN-THOMPSON-HAINES-LUCAS-THOMAS-OGG-SAWYER- 8
MOTTLEY-TAYLOR-TERWILLEGER-CORBIN-BENDER-FOX-GARCIA-BATCHELDER 9
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A B I L L
To enact section 2921.38 of the Revised Code and to 13
amend Section 35 of Am. Sub. H.B. 117 of the 14
121st General Assembly, as amended by Am. Sub. 15
S.B. 162 of the 121st General Assembly, to create 17
the offense of harassment by an inmate and to 21
authorize the Office of Criminal Justice Services 22
to make an earlier reimbursement to counties for 23
the costs of prosecuting certain serious 24
felonies. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 2921.38 of the Revised Code be 29
enacted to read as follows: 30
Sec. 2921.38. (A) NO PERSON WHO IS CONFINED IN A 32
DETENTION FACILITY, WITH INTENT TO HARASS, ANNOY, THREATEN, OR 34
ALARM ANOTHER PERSON, SHALL CAUSE OR ATTEMPT TO CAUSE THE OTHER 35
PERSON TO COME INTO CONTACT WITH BLOOD, SEMEN, URINE, FECES, OR 36
ANOTHER BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT THE 37
OTHER PERSON, BY EXPELLING THE BODILY SUBSTANCE UPON THE OTHER 39
PERSON, OR IN ANY OTHER MANNER.
(B) NO PERSON WHO IS CONFINED IN A DETENTION FACILITY, 41
WITH KNOWLEDGE THAT THE PERSON IS A CARRIER OF THE VIRUS THAT 43
CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A 44
HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS AND WITH INTENT 45
TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON, SHALL CAUSE 48
OR ATTEMPT TO CAUSE THE OTHER PERSON TO COME INTO CONTACT WITH
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BLOOD, SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY 50
THROWING THE BODILY SUBSTANCE AT THE OTHER PERSON, BY EXPELLING 51
THE BODILY SUBSTANCE UPON THE OTHER PERSON, OR IN ANY OTHER 53
MANNER.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF HARASSMENT 55
BY AN INMATE. A VIOLATION OF DIVISION (A) OF THIS SECTION IS A 58
FELONY OF THE FIFTH DEGREE. A VIOLATION OF DIVISION (B) OF THIS 59
SECTION IS A FELONY OF THE THIRD DEGREE. 60
(D)(1) IF A PERSON IS CHARGED WITH A VIOLATION OF THIS 62
SECTION, EITHER THE COURT, ON REQUEST OF THE PROSECUTOR, OR THE 63
LAW ENFORCEMENT AUTHORITY RESPONSIBLE FOR THE INVESTIGATION OF 64
THE VIOLATION, SHALL CAUSE THE PERSON TO SUBMIT TO ONE OR MORE 66
APPROPRIATE TESTS TO DETERMINE IF THE PERSON IS A CARRIER OF THE 68
VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A 69
CARRIER OF A HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS.
(2) THE COURT SHALL CHARGE THE OFFENDER WITH THE COSTS OF 71
THE TEST OR TESTS ORDERED UNDER DIVISION (D)(1) OF THIS SECTION 72
UNLESS THE COURT DETERMINES THAT THE ACCUSED IS UNABLE TO PAY, IN 73
WHICH CASE THE COSTS SHALL BE CHARGED TO THE ENTITY THAT OPERATES 74
THE DETENTION FACILITY IN WHICH THE ALLEGED OFFENSE OCCURRED. 75
(E) THIS SECTION DOES NOT APPLY TO A PERSON WHO IS 77
HOSPITALIZED, INSTITUTIONALIZED, OR CONFINED IN A FACILITY 78
OPERATED BY THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF 79
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 80
Section 2. That Section 35 of Am. Sub. H.B. 117 of the 82
121st General Assembly, as amended by Am. Sub. S.B. 162 of the 83
121st General Assembly, be amended to read as follows: 84
"Sec. 35. CEB CONTROLLING BOARD 86
General Revenue Fund 88
GRF 911-401 Emergency Purposes 6,000,000 6,000,000 93
GRF 911-422 Community Police 95
Officers 4,550,000 4,550,000 97
GRF 911-423 Army National Guard 1,000,000 0 101
GRF 911-424 Livestock 200,000 200,000 105
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GRF 911-427 DNA Laboratory 600,000 0 109
GRF 911-429 Pay Equalization 1,500,000 1,500,000 113
GRF 911-431 Treatment Services 115
for Prisoners 0 750,000 117
GRF 911-434 Criminal Record 119
Background Checks 425,000 425,000 121
TOTAL GRF General Revenue Fund 13,650,000 12,800,000 124
TOTAL ALL BUDGET FUND GROUPS 13,650,000 12,800,000 127
Federal Share 130
In transferring funds to or from appropriation line items 132
which have federal shares identified in Am. Sub. H.B. 117 of the 134
121st General Assembly, the Controlling Board shall add or 136
subtract corresponding amounts of federal matching funds at the 137
percentages indicated by the state and federal division of the 138
appropriations in Am. Sub. H.B. 117 of the 121st General 139
Assembly. Such changes are hereby appropriated. 141
Notwithstanding Sections 127.14(D) and 131.35(B) 143
Notwithstanding division (D) of section 127.14 and division 145
(B) of section 131.35 of the Revised Code, except for the General 146
Revenue Fund, the Controlling Board may, upon the request of 147
either the Director of Budget and Management, or a state agency 148
with the approval of the Director of Budget and Management, 149
increase appropriations for any fund, as necessary for the 150
various state agencies, to assist in paying the costs of 151
increases in employee compensation that occur on or after July 1, 152
1995, that are provided pursuant to collective bargaining 153
agreements under Chapter 4117. of the Revised Code and the costs 154
of salary increases for employees that are exempt from collective 155
bargaining, which are provided under law. 156
Prosecution Costs 158
After the trial court reaches a disposition on UPON a 160
DELINQUENCY filing in A Juvenile Court or RETURN OF an indictment 162
for aggravated murder, murder, or any felony of the first or
second degree that was committed at a Department of Youth 163
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Services or a Department of Rehabilitation and Correction 164
Institution, the county may, in accordance with rules that the 165
Office of Criminal Justice Services shall adopt, apply to the 166
Office of Criminal Justice Services for a grant to cover all 167
documented costs that are incurred by the county prosecutor's
office.
Twice each fiscal year, the Office of Criminal Justice 169
Services shall designate counties to receive grants from those 170
counties that have submitted one or more applications in 171
compliance with the rules adopted by the office. In the first 172
round of grants, up to $50,000 may be awarded. In the second
round of grants, provided there are sufficient applications, the 173
remainder of the $100,000 available to the Office of Criminal 175
Justice Services in each fiscal year shall be awarded. 176
If for a given round of grants there is insufficient 178
funding to make awards to all of the eligible counties, first 179
priority shall be given to cases involving aggravated murder and 180
murder, second priority shall be given to cases involving first 181
degree felonies and third priority shall be given to cases
involving second degree felonies. Within these priorities the 182
awards shall be made based on the order in which the applications 183
were received, except that applications for cases involving first 184
and second degree felonies shall not be considered in more than 185
two consecutive rounds of grants.
The Director of the Office of Criminal Justice Services may 187
request up to $100,000 in fiscal year 1996 and up to $100,000 in 188
fiscal year 1997 from the foregoing appropriation item 911-401, 189
Emergency Purposes, to cover local prosecution costs for 190
aggravated murder, murder, first degree felonies and second 191
degree felonies that occur on the grounds of state institutions
operated by the Department of Rehabilitation and Correction and 192
the Department of Youth Services on or after July 1, 1995. 193
Southern Ohio Correctional Facility Costs 195
The Attorney General's Office may request up to $500,000 in 197
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each fiscal year from the foregoing appropriation line item 198
911-401, Emergency Purposes, to cover legal expenses related to 199
the disturbance that occurred on April 11, 1993, at the Southern 200
Ohio Correctional Facility in Lucasville, Ohio.
The Public Defender Commission may request up to $120,000 202
in fiscal year 1996 and $40,000 in fiscal year 1997 from the 203
foregoing appropriation line item 911-401, Emergency Purposes, to 204
cover the state's share of indigent defense costs related to the 205
disturbance that occurred on April 11, 1993, at the Southern Ohio 206
Correctional Facility in Lucasville, Ohio. 207
Reimbursement of County Boards of Elections 209
Upon the request of the chairman of the Ohio ballot board 211
or the director of budget and management, controlling board shall 212
transfer from the foregoing appropriation line item 911-401, 213
Emergency Purposes, up to a total of $2,000,000 in the biennium 214
to the Ohio ballot board for disbursement to county boards of 215
elections as reimbursement for public notice costs associated 216
with statewide ballot issues. Controlling board shall create a 217
line item, within the Ohio ballot board, to receive the 218
transferred money. The director of budget and management shall 219
establish agency codes and line items as necessary.
Community Police Officers 221
The foregoing appropriation item 911-422, Community Police 223
Officers, may be transferred to the Attorney General for the 224
purposes of administering and providing for matching funds that 225
may be required to draw down federal grants that shall be used to 226
help pay the costs of providing additional law enforcement 227
officers to counties, townships, municipal corporations, and 228
state-assisted or state-supported institutions of higher 229
education. 230
Army National Guard 232
Upon the passage of H.B. 376 of the 121st General Assembly, 234
the Adjutant General may apply for release of funds from the 236
foregoing appropriation line item 911-423, Army National Guard. 237
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For each parcel sold that is described in H.B. 376, the Adjutant 238
General may request the transfer to line 745-612, Armory
Improvements, an amount equal to the difference between the 239
purchase price received for the parcel and the appraised value of 240
the parcel, as determined by the Director of Administrative 241
Services.
DNA Laboratory 243
The Attorney General's Office may submit a request to the 245
Controlling Board for the release of up to $600,000 over the 246
biennium from the foregoing appropriation item 911-427, DNA 247
Laboratory. The foregoing appropriation item 911-427, DNA 248
Laboratory, shall be used to pay start-up costs related to the 249
establishment of a DNA facility.
The Director of Budget and Management shall transfer the 251
unencumbered balance, if any, of the foregoing appropriation item 252
911-427, DNA Laboratory, at the end of fiscal year 1996 to fiscal 254
year 1997 for use under the same appropriation item. 255
Attorney Pay Equity 257
Pursuant to section 109.03 of the Revised Code, the 259
Attorney General may appoint Assistant Attorneys General to 260
perform such duties as are assigned by the Attorney General. The 261
Attorney General, at the Attorney General's discretion, may pay 262
such Assistant Attorneys General salaries pursuant to sections 263
124.15 or 124.152 of the Revised Code. It is recognized that
Assistant Attorneys General are compensated at a lesser amount 264
than attorneys of the various departments, agencies, and offices 265
of the state who are appointed to the attorney classifications 266
and paid pursuant to schedule B of section 124.15 of the Revised 267
Code or schedules E-1 through E-4 of section 124.152 of the 268
Revised Code. Therefore, the Attorney General may request that
the Controlling Board release up to $1.5 million in each fiscal 269
year from the foregoing appropriation item 911-429, Pay 270
Equalization, to fund costs associated with eliminating 271
compensation disparity between assistant Attorneys General and 272
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attorneys in the various departments, agencies, and offices of
the state who are appointed to attorney classifications and paid 273
pursuant to schedule B of section 124.15 of the Revised Code or 274
schedule E-1 through E-4 of section 124.152 of the Revised Code. 275
Costs associated with pay equity adjustments shall be calculated 276
by the Attorney General and approved by the Director of Budget 277
and Management.
Treatment Services for Prisoners 279
Upon completing a plan for the provision of alcohol and 281
drug addiction treatment services in all state correctional 282
institutions, the Department of Alcohol and Drug Addiction 283
Services shall request the Controlling Board to release the 284
appropriation from the foregoing appropriation item 911-431,
Treatment Services for Prisoners. The Department shall include, 285
as part of its Controlling Board request, a copy of the plan. 286
The Department shall use the released funds for implementation of 287
the plan.
Criminal Record Background Checks 289
The foregoing appropriation item 911-434, Criminal Record 291
Background Checks, may be transferred to the Attorney General for 292
the purpose of conducting criminal record background checks." 293
Section 3. That existing Section 35 of Am. Sub. H.B. 117 295
of the 121st General Assembly, as amended by Am. Sub. S.B. 162 of 296
the 121st General Assembly, is hereby repealed. 297