As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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
MOTTL-TIBERI-CALLENDER-O'BRIEN-COUGHLIN-BRADING-VESPER-REID- 10
HARRIS-STAPLETON-SULZER-ROMAN-WINKLER-CLANCY-KRUPINSKI-LEWIS- 11
METELSKY-GRENDELL-JOHNSON-PADGETT-WILLIAMS-SCHULER-VERICH- 12
COLONNA-PATTON 13
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A B I L L
To enact section 2921.38 of the Revised Code and to 17
amend Section 35 of Am. Sub. H.B. 117 of the 18
121st General Assembly, as amended by Am. Sub. 19
S.B. 162 of the 121st General Assembly, to create 21
the offense of harassment by an inmate and to 25
authorize the Office of Criminal Justice Services 26
to make an earlier reimbursement to counties for 27
the costs of prosecuting certain serious 28
felonies. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That section 2921.38 of the Revised Code be 33
enacted to read as follows: 34
Sec. 2921.38. (A) NO PERSON WHO IS CONFINED IN A 36
DETENTION FACILITY, WITH INTENT TO HARASS, ANNOY, THREATEN, OR 38
ALARM ANOTHER PERSON, SHALL CAUSE OR ATTEMPT TO CAUSE THE OTHER 39
PERSON TO COME INTO CONTACT WITH BLOOD, SEMEN, URINE, FECES, OR 40
ANOTHER BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT THE 41
OTHER PERSON, BY EXPELLING THE BODILY SUBSTANCE UPON THE OTHER 43
PERSON, OR IN ANY OTHER MANNER.
(B) NO PERSON WHO IS CONFINED IN A DETENTION FACILITY, 45
WITH KNOWLEDGE THAT THE PERSON IS A CARRIER OF THE VIRUS THAT 47
2
CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A 48
HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS AND WITH INTENT 49
TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON, SHALL CAUSE 52
OR ATTEMPT TO CAUSE THE OTHER PERSON TO COME INTO CONTACT WITH
BLOOD, SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY 54
THROWING THE BODILY SUBSTANCE AT THE OTHER PERSON, BY EXPELLING 55
THE BODILY SUBSTANCE UPON THE OTHER PERSON, OR IN ANY OTHER 57
MANNER.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF HARASSMENT 59
BY AN INMATE. A VIOLATION OF DIVISION (A) OF THIS SECTION IS A 62
FELONY OF THE FIFTH DEGREE. A VIOLATION OF DIVISION (B) OF THIS 63
SECTION IS A FELONY OF THE THIRD DEGREE. 64
(D)(1) THE COURT, ON REQUEST OF THE PROSECUTOR, OR THE LAW 66
ENFORCEMENT AUTHORITY RESPONSIBLE FOR THE INVESTIGATION OF THE 67
VIOLATION, SHALL CAUSE A PERSON WHO ALLEGEDLY HAS COMMITTED A 69
VIOLATION OF THIS SECTION TO SUBMIT TO ONE OR MORE APPROPRIATE 70
TESTS TO DETERMINE IF THE PERSON IS A CARRIER OF THE VIRUS THAT 72
CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A 73
HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS.
(2) THE COURT SHALL CHARGE THE OFFENDER WITH THE COSTS OF 75
THE TEST OR TESTS ORDERED UNDER DIVISION (D)(1) OF THIS SECTION 76
UNLESS THE COURT DETERMINES THAT THE ACCUSED IS UNABLE TO PAY, IN 77
WHICH CASE THE COSTS SHALL BE CHARGED TO THE ENTITY THAT OPERATES 78
THE DETENTION FACILITY IN WHICH THE ALLEGED OFFENSE OCCURRED. 79
(E) THIS SECTION DOES NOT APPLY TO A PERSON WHO IS 81
HOSPITALIZED, INSTITUTIONALIZED, OR CONFINED IN A FACILITY 82
OPERATED BY THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF 83
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 84
Section 2. That Section 35 of Am. Sub. H.B. 117 of the 86
121st General Assembly, as amended by Am. Sub. S.B. 162 of the 87
121st General Assembly, be amended to read as follows: 88
"Sec. 35. CEB CONTROLLING BOARD 90
General Revenue Fund 92
GRF 911-401 Emergency Purposes 6,000,000 6,000,000 97
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GRF 911-422 Community Police 99
Officers 4,550,000 4,550,000 101
GRF 911-423 Army National Guard 1,000,000 0 105
GRF 911-424 Livestock 200,000 200,000 109
GRF 911-427 DNA Laboratory 600,000 0 113
GRF 911-429 Pay Equalization 1,500,000 1,500,000 117
GRF 911-431 Treatment Services 119
for Prisoners 0 750,000 121
GRF 911-434 Criminal Record 123
Background Checks 425,000 425,000 125
TOTAL GRF General Revenue Fund 13,650,000 12,800,000 128
TOTAL ALL BUDGET FUND GROUPS 13,650,000 12,800,000 131
Federal Share 134
In transferring funds to or from appropriation line items 136
which have federal shares identified in Am. Sub. H.B. 117 of the 138
121st General Assembly, the Controlling Board shall add or 140
subtract corresponding amounts of federal matching funds at the 141
percentages indicated by the state and federal division of the 142
appropriations in Am. Sub. H.B. 117 of the 121st General 143
Assembly. Such changes are hereby appropriated. 145
Notwithstanding Sections 127.14(D) and 131.35(B) 147
Notwithstanding division (D) of section 127.14 and division 149
(B) of section 131.35 of the Revised Code, except for the General 150
Revenue Fund, the Controlling Board may, upon the request of 151
either the Director of Budget and Management, or a state agency 152
with the approval of the Director of Budget and Management, 153
increase appropriations for any fund, as necessary for the 154
various state agencies, to assist in paying the costs of 155
increases in employee compensation that occur on or after July 1, 156
1995, that are provided pursuant to collective bargaining 157
agreements under Chapter 4117. of the Revised Code and the costs 158
of salary increases for employees that are exempt from collective 159
bargaining, which are provided under law. 160
Prosecution Costs 162
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After the trial court reaches a disposition on UPON a 164
DELINQUENCY filing in A Juvenile Court or RETURN OF an indictment 166
for aggravated murder, murder, or any felony of the first or
second degree that was committed at a Department of Youth 167
Services or a Department of Rehabilitation and Correction 168
Institution, the county may, in accordance with rules that the 169
Office of Criminal Justice Services shall adopt, apply to the 170
Office of Criminal Justice Services for a grant to cover all 171
documented costs that are incurred by the county prosecutor's
office.
Twice each fiscal year, the Office of Criminal Justice 173
Services shall designate counties to receive grants from those 174
counties that have submitted one or more applications in 175
compliance with the rules adopted by the office. In the first 176
round of grants, up to $50,000 may be awarded. In the second
round of grants, provided there are sufficient applications, the 177
remainder of the $100,000 available to the Office of Criminal 179
Justice Services in each fiscal year shall be awarded. 180
If for a given round of grants there is insufficient 182
funding to make awards to all of the eligible counties, first 183
priority shall be given to cases involving aggravated murder and 184
murder, second priority shall be given to cases involving first 185
degree felonies and third priority shall be given to cases
involving second degree felonies. Within these priorities the 186
awards shall be made based on the order in which the applications 187
were received, except that applications for cases involving first 188
and second degree felonies shall not be considered in more than 189
two consecutive rounds of grants.
The Director of the Office of Criminal Justice Services may 191
request up to $100,000 in fiscal year 1996 and up to $100,000 in 192
fiscal year 1997 from the foregoing appropriation item 911-401, 193
Emergency Purposes, to cover local prosecution costs for 194
aggravated murder, murder, first degree felonies and second 195
degree felonies that occur on the grounds of state institutions
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operated by the Department of Rehabilitation and Correction and 196
the Department of Youth Services on or after July 1, 1995. 197
Southern Ohio Correctional Facility Costs 199
The Attorney General's Office may request up to $500,000 in 201
each fiscal year from the foregoing appropriation line item 202
911-401, Emergency Purposes, to cover legal expenses related to 203
the disturbance that occurred on April 11, 1993, at the Southern 204
Ohio Correctional Facility in Lucasville, Ohio.
The Public Defender Commission may request up to $120,000 206
in fiscal year 1996 and $40,000 in fiscal year 1997 from the 207
foregoing appropriation line item 911-401, Emergency Purposes, to 208
cover the state's share of indigent defense costs related to the 209
disturbance that occurred on April 11, 1993, at the Southern Ohio 210
Correctional Facility in Lucasville, Ohio. 211
Reimbursement of County Boards of Elections 213
Upon the request of the chairman of the Ohio ballot board 215
or the director of budget and management, controlling board shall 216
transfer from the foregoing appropriation line item 911-401, 217
Emergency Purposes, up to a total of $2,000,000 in the biennium 218
to the Ohio ballot board for disbursement to county boards of 219
elections as reimbursement for public notice costs associated 220
with statewide ballot issues. Controlling board shall create a 221
line item, within the Ohio ballot board, to receive the 222
transferred money. The director of budget and management shall 223
establish agency codes and line items as necessary.
Community Police Officers 225
The foregoing appropriation item 911-422, Community Police 227
Officers, may be transferred to the Attorney General for the 228
purposes of administering and providing for matching funds that 229
may be required to draw down federal grants that shall be used to 230
help pay the costs of providing additional law enforcement 231
officers to counties, townships, municipal corporations, and 232
state-assisted or state-supported institutions of higher 233
education. 234
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Army National Guard 236
Upon the passage of H.B. 376 of the 121st General Assembly, 238
the Adjutant General may apply for release of funds from the 240
foregoing appropriation line item 911-423, Army National Guard. 241
For each parcel sold that is described in H.B. 376, the Adjutant 242
General may request the transfer to line 745-612, Armory
Improvements, an amount equal to the difference between the 243
purchase price received for the parcel and the appraised value of 244
the parcel, as determined by the Director of Administrative 245
Services.
DNA Laboratory 247
The Attorney General's Office may submit a request to the 249
Controlling Board for the release of up to $600,000 over the 250
biennium from the foregoing appropriation item 911-427, DNA 251
Laboratory. The foregoing appropriation item 911-427, DNA 252
Laboratory, shall be used to pay start-up costs related to the 253
establishment of a DNA facility.
The Director of Budget and Management shall transfer the 255
unencumbered balance, if any, of the foregoing appropriation item 256
911-427, DNA Laboratory, at the end of fiscal year 1996 to fiscal 258
year 1997 for use under the same appropriation item. 259
Attorney Pay Equity 261
Pursuant to section 109.03 of the Revised Code, the 263
Attorney General may appoint Assistant Attorneys General to 264
perform such duties as are assigned by the Attorney General. The 265
Attorney General, at the Attorney General's discretion, may pay 266
such Assistant Attorneys General salaries pursuant to sections 267
124.15 or 124.152 of the Revised Code. It is recognized that
Assistant Attorneys General are compensated at a lesser amount 268
than attorneys of the various departments, agencies, and offices 269
of the state who are appointed to the attorney classifications 270
and paid pursuant to schedule B of section 124.15 of the Revised 271
Code or schedules E-1 through E-4 of section 124.152 of the 272
Revised Code. Therefore, the Attorney General may request that
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the Controlling Board release up to $1.5 million in each fiscal 273
year from the foregoing appropriation item 911-429, Pay 274
Equalization, to fund costs associated with eliminating 275
compensation disparity between assistant Attorneys General and 276
attorneys in the various departments, agencies, and offices of
the state who are appointed to attorney classifications and paid 277
pursuant to schedule B of section 124.15 of the Revised Code or 278
schedule E-1 through E-4 of section 124.152 of the Revised Code. 279
Costs associated with pay equity adjustments shall be calculated 280
by the Attorney General and approved by the Director of Budget 281
and Management.
Treatment Services for Prisoners 283
Upon completing a plan for the provision of alcohol and 285
drug addiction treatment services in all state correctional 286
institutions, the Department of Alcohol and Drug Addiction 287
Services shall request the Controlling Board to release the 288
appropriation from the foregoing appropriation item 911-431,
Treatment Services for Prisoners. The Department shall include, 289
as part of its Controlling Board request, a copy of the plan. 290
The Department shall use the released funds for implementation of 291
the plan.
Criminal Record Background Checks 293
The foregoing appropriation item 911-434, Criminal Record 295
Background Checks, may be transferred to the Attorney General for 296
the purpose of conducting criminal record background checks." 297
Section 3. That existing Section 35 of Am. Sub. H.B. 117 299
of the 121st General Assembly, as amended by Am. Sub. S.B. 162 of 300
the 121st General Assembly, is hereby repealed. 301