As Reported by the Senate Judiciary 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
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-SENATORS BLESSING-CUPP-LATTA-B. JOHNSON- 13
OELSLAGER-LATELL-HERINGTON 14
16
A B I L L
To enact section 2921.38 of the Revised Code and to 18
amend Section 35 of Am. Sub. H.B. 117 of the 19
121st General Assembly, as amended by Am. Sub. 20
S.B. 162 of the 121st General Assembly and by Am. 21
Sub. H.B. 210 of the 122nd General Assembly, to 22
create the offense of harassment by an inmate, to 26
authorize the Office of Criminal Justice Services 27
to make an earlier reimbursement to counties for 28
the costs of prosecuting certain serious 29
felonies, and to declare an emergency. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That section 2921.38 of the Revised Code be 34
enacted to read as follows: 35
Sec. 2921.38. (A) NO PERSON WHO IS CONFINED IN A 37
DETENTION FACILITY, WITH INTENT TO HARASS, ANNOY, THREATEN, OR 39
ALARM ANOTHER PERSON, SHALL CAUSE OR ATTEMPT TO CAUSE THE OTHER 40
PERSON TO COME INTO CONTACT WITH BLOOD, SEMEN, URINE, FECES, OR 41
ANOTHER BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT THE 42
OTHER PERSON, BY EXPELLING THE BODILY SUBSTANCE UPON THE OTHER 44
PERSON, OR IN ANY OTHER MANNER.
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(B) NO PERSON WHO IS CONFINED IN A DETENTION FACILITY, 46
WITH KNOWLEDGE THAT THE PERSON IS A CARRIER OF THE VIRUS THAT 48
CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A 49
HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS AND WITH INTENT 50
TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON, SHALL CAUSE 53
OR ATTEMPT TO CAUSE THE OTHER PERSON TO COME INTO CONTACT WITH
BLOOD, SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY 55
THROWING THE BODILY SUBSTANCE AT THE OTHER PERSON, BY EXPELLING 56
THE BODILY SUBSTANCE UPON THE OTHER PERSON, OR IN ANY OTHER 58
MANNER.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF HARASSMENT 60
BY AN INMATE. A VIOLATION OF DIVISION (A) OF THIS SECTION IS A 63
FELONY OF THE FIFTH DEGREE. A VIOLATION OF DIVISION (B) OF THIS 64
SECTION IS A FELONY OF THE THIRD DEGREE. 65
(D)(1) THE COURT, ON REQUEST OF THE PROSECUTOR, OR THE LAW 67
ENFORCEMENT AUTHORITY RESPONSIBLE FOR THE INVESTIGATION OF THE 68
VIOLATION, SHALL CAUSE A PERSON WHO ALLEGEDLY HAS COMMITTED A 70
VIOLATION OF THIS SECTION TO SUBMIT TO ONE OR MORE APPROPRIATE 71
TESTS TO DETERMINE IF THE PERSON IS A CARRIER OF THE VIRUS THAT 73
CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A 74
HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS.
(2) THE COURT SHALL CHARGE THE OFFENDER WITH THE COSTS OF 76
THE TEST OR TESTS ORDERED UNDER DIVISION (D)(1) OF THIS SECTION 77
UNLESS THE COURT DETERMINES THAT THE ACCUSED IS UNABLE TO PAY, IN 78
WHICH CASE THE COSTS SHALL BE CHARGED TO THE ENTITY THAT OPERATES 79
THE DETENTION FACILITY IN WHICH THE ALLEGED OFFENSE OCCURRED. 80
(E) THIS SECTION DOES NOT APPLY TO A PERSON WHO IS 82
HOSPITALIZED, INSTITUTIONALIZED, OR CONFINED IN A FACILITY 83
OPERATED BY THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF 84
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 85
Section 2. That Section 35 of Am. Sub. H.B. 117 of the 87
121st General Assembly, as amended by Am. Sub. S.B. 162 of the 88
121st General Assembly and by Am. Sub. H.B. 210 of the 122nd 89
General Assembly, be amended to read as follows: 90
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"Sec. 35. CEB CONTROLLING BOARD 92
General Revenue Fund 94
GRF 911-401 Emergency Purposes $ 6,000,000 $ 6,000,000 99
GRF 911-422 Community Police 101
Officers $ 4,550,000 $ 4,550,000 103
GRF 911-423 Army National Guard $ 1,000,000 $ 0 107
GRF 911-424 Livestock $ 200,000 $ 200,000 111
GRF 911-427 DNA Laboratory $ 600,000 $ 0 115
GRF 911-429 Pay Equalization $ 1,500,000 $ 1,500,000 119
GRF 911-431 Treatment Services 121
for Prisoners $ 0 $ 750,000 123
GRF 911-434 Criminal Record 125
Background Checks $ 425,000 $ 425,000 127
TOTAL GRF General Revenue Fund $ 13,650,000 $ 12,800,000 130
State Secial SPECIAL Revenue Fund Group 132
5E2 911-601 Disaster Services $ 0 $ 40,000,000 137
TOTAL SSR State Special Revenue 138
Fund $ 0 $ 40,000,000 141
TOTAL ALL BUDGET FUND GROUPS $ 13,650,000 $ 52,800,000 144
Federal Share 147
In transferring funds to or from appropriation line items 149
which have federal shares identified in Am. Sub. H.B. 117 of the 151
121st General Assembly, the Controlling Board shall add or 153
subtract corresponding amounts of federal matching funds at the 154
percentages indicated by the state and federal division of the 155
appropriations in Am. Sub. H.B. 117 of the 121st General 156
Assembly. Such changes are hereby appropriated. 158
Notwithstanding Sections 127.14(D) and 131.35(B) 160
Notwithstanding division (D) of section 127.14 and division 162
(B) of section 131.35 of the Revised Code, except for the General 163
Revenue Fund, the Controlling Board may, upon the request of 164
either the Director of Budget and Management, or a state agency 165
with the approval of the Director of Budget and Management, 166
increase appropriations for any fund, as necessary for the 167
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various state agencies, to assist in paying the costs of 168
increases in employee compensation that occur on or after July 1, 169
1995, that are provided pursuant to collective bargaining 170
agreements under Chapter 4117. of the Revised Code and the costs 171
of salary increases for employees that are exempt from collective 172
bargaining, which are provided under law. 173
Prosecution Costs 175
After the trial court reaches a disposition on UPON a 177
DELINQUENCY filing in A Juvenile Court or THE RETURN OF an 179
indictment for aggravated murder, murder, or any felony of the
first or second degree that was committed at a Department of 180
Youth Services or a Department of Rehabilitation and Correction 181
Institution, the county may, in accordance with rules that the 182
Office of Criminal Justice Services shall adopt, apply to the 183
Office of Criminal Justice Services for a grant to cover all 184
documented costs that are incurred by the county prosecutor's
office.
Twice each fiscal year, the Office of Criminal Justice 186
Services shall designate counties to receive grants from those 187
counties that have submitted one or more applications in 188
compliance with the rules adopted by the office. In the first 189
round of grants, up to $50,000 may be awarded. In the second
round of grants, provided there are sufficient applications, the 190
remainder of the $100,000 available to the Office of Criminal 192
Justice Services in each fiscal year shall be awarded. 193
If for a given round of grants there is insufficient 195
funding to make awards to all of the eligible counties, first 196
priority shall be given to cases involving aggravated murder and 197
murder, second priority shall be given to cases involving first 198
degree felonies and third priority shall be given to cases
involving second degree felonies. Within these priorities the 199
awards shall be made based on the order in which the applications 200
were received, except that applications for cases involving first 201
and second degree felonies shall not be considered in more than 202
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two consecutive rounds of grants.
The Director of the Office of Criminal Justice Services may 204
request up to $100,000 in fiscal year 1996 and up to $100,000 in 205
fiscal year 1997 from the foregoing appropriation item 911-401, 206
Emergency Purposes, to cover local prosecution costs for 207
aggravated murder, murder, first degree felonies and second 208
degree felonies that occur on the grounds of state institutions
operated by the Department of Rehabilitation and Correction and 209
the Department of Youth Services on or after July 1, 1995. 210
Southern Ohio Correctional Facility Costs 212
The Attorney General's Office may request up to $500,000 in 214
each fiscal year from the foregoing appropriation line item 215
911-401, Emergency Purposes, to cover legal expenses related to 216
the disturbance that occurred on April 11, 1993, at the Southern 217
Ohio Correctional Facility in Lucasville, Ohio.
The Public Defender Commission may request up to $120,000 219
in fiscal year 1996 and $40,000 in fiscal year 1997 from the 220
foregoing appropriation line item 911-401, Emergency Purposes, to 221
cover the state's share of indigent defense costs related to the 222
disturbance that occurred on April 11, 1993, at the Southern Ohio 223
Correctional Facility in Lucasville, Ohio. 224
Reimbursement of County Boards of Elections 226
Upon the request of the chairman CHAIRPERSON of the Ohio 228
ballot board BALLOT BOARD or the director DIRECTOR of budget 231
BUDGET and management MANAGEMENT, controlling board THE 232
CONTROLLING BOARD shall transfer from the foregoing appropriation 234
line item 911-401, Emergency Purposes, up to a total of 235
$2,000,000 in the biennium to the Ohio ballot board BALLOT BOARD 236
for disbursement to county boards of elections as reimbursement 239
for public notice costs associated with statewide ballot issues. 240
THE Controlling board BOARD shall create a line item, within the 241
Ohio ballot board BALLOT BOARD, to receive the transferred money. 243
The director DIRECTOR of budget BUDGET and management MANAGEMENT 244
shall establish agency codes and line items as necessary. 245
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Community Police Officers 247
The foregoing appropriation item 911-422, Community Police 249
Officers, may be transferred to the Attorney General for the 250
purposes of administering and providing for matching funds that 251
may be required to draw down federal grants that shall be used to 252
help pay the costs of providing additional law enforcement 253
officers to counties, townships, municipal corporations, and 254
state-assisted or state-supported institutions of higher 255
education. 256
Army National Guard 258
Upon the passage of H.B. 376 of the 121st General Assembly, 260
the Adjutant General may apply for release of funds from the 262
foregoing appropriation line item 911-423, Army National Guard. 263
For each parcel sold that is described in H.B. 376, the Adjutant 264
General may request the transfer to line 745-612, Armory
Improvements, an amount equal to the difference between the 265
purchase price received for the parcel and the appraised value of 266
the parcel, as determined by the Director of Administrative 267
Services.
DNA Laboratory 269
The Attorney General's Office may submit a request to the 271
Controlling Board for the release of up to $600,000 over the 272
biennium from the foregoing appropriation item 911-427, DNA 273
Laboratory. The foregoing appropriation item 911-427, DNA 274
Laboratory, shall be used to pay start-up costs related to the 275
establishment of a DNA facility.
The Director of Budget and Management shall transfer the 277
unencumbered balance, if any, of the foregoing appropriation item 278
911-427, DNA Laboratory, at the end of fiscal year 1996 to fiscal 280
year 1997 for use under the same appropriation item. 281
Attorney Pay Equity 283
Pursuant to section 109.03 of the Revised Code, the 285
Attorney General may appoint Assistant Attorneys General to 286
perform such duties as are assigned by the Attorney General. The 287
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Attorney General, at the Attorney General's discretion, may pay 288
such Assistant Attorneys General salaries pursuant to sections 289
124.15 or 124.152 of the Revised Code. It is recognized that
Assistant Attorneys General are compensated at a lesser amount 290
than attorneys of the various departments, agencies, and offices 291
of the state who are appointed to the attorney classifications 292
and paid pursuant to schedule B of section 124.15 of the Revised 293
Code or schedules E-1 through E-4 of section 124.152 of the 294
Revised Code. Therefore, the Attorney General may request that
the Controlling Board release up to $1.5 million in each fiscal 295
year from the foregoing appropriation item 911-429, Pay 296
Equalization, to fund costs associated with eliminating 297
compensation disparity between assistant Attorneys General and 298
attorneys in the various departments, agencies, and offices of
the state who are appointed to attorney classifications and paid 299
pursuant to schedule B of section 124.15 of the Revised Code or 300
schedule E-1 through E-4 of section 124.152 of the Revised Code. 301
Costs associated with pay equity adjustments shall be calculated 302
by the Attorney General and approved by the Director of Budget 303
and Management.
Treatment Services for Prisoners 305
Upon completing a plan for the provision of alcohol and 307
drug addiction treatment services in all state correctional 308
institutions, the Department of Alcohol and Drug Addiction 309
Services shall request the Controlling Board to release the 310
appropriation from the foregoing appropriation item 911-431,
Treatment Services for Prisoners. The Department shall include, 311
as part of its Controlling Board request, a copy of the plan. 312
The Department shall use the released funds for implementation of 313
the plan.
Criminal Record Background Checks 315
The foregoing appropriation item 911-434, Criminal Record 317
Background Checks, may be transferred to the Attorney General for 318
the purpose of conducting criminal record background checks. 319
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Disaster Services 321
In fiscal year 1997, the director of budget and management 323
may increase the appropriation item, 911-401, Emergency Purposes, 324
by an amount not to exceed the amount transferred out of that 325
line item before the effective date of this section for the 1997 326
flooding disaster referred to as FEMA-DR-1164-OH. The director 327
of budget and management shall transfer $40,000,000 minus an 328
amount equal to the increase in appropriation item, 911-401, 329
Emergency Purposes, from the General Revenue Fund into the 331
Disaster Services Fund of the Controlling Board, which is hereby 332
created in the state treasury. The foregoing appropriation item, 333
911-601, Disaster Services, shall be used by the Controlling 334
Board, pursuant to requests submitted by state agencies, to 335
transfer cash and appropriation authority from the Disaster 336
Services Fund to any fund of the state for the payment of state 337
agency program expenses related to the 1997 flooding disaster." 338
Section 3. That existing Section 35 of Am. Sub. H.B. 117 340
of the 121st General Assembly, as amended by Am. Sub. S.B. 162 of 341
the 121st General Assembly and by Am. Sub. H.B. 210 of the 122nd 342
General Assembly, is hereby repealed. 343
Section 4. This act is hereby declared to be an emergency 345
measure necessary for the immediate preservation of the public 346
peace, health, and safety. The reason for such necessity is that 347
immediate action is crucial to enable the Office of Criminal 348
Justice Services to make grants during the current state fiscal 349
year to cover the costs of prosecution incurred by a county
prosecutor's office subsequent to the filing of charges regarding 351
an aggravated murder, a murder, a felony of the first degree or 352
second degree, or a comparable delinquent act that was committed 353
at a Department of Youth Services or Department of Rehabilitation 354
and Correction institution. Therefore, this act shall go into 355
immediate effect.