As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 357 5
1999-2000 6
REPRESENTATIVES CATES-ALLEN-CLANCY-COUGHLIN-GRENDELL-NETZLEY- 8
OLMAN-PRINGLE-SCHURING-TERWILLEGER-VAN VYVEN-WILLAMOWSKI 9
_________________________________________________________________ 10
A B I L L
To amend section 2921.36 of the Revised Code to 12
enhance the penalty for illegal conveyance of 13
drugs of abuse onto the grounds of a detention
facility or a Mental Health or Mental Retardation 14
and Developmental Disabilities institution. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2921.36 of the Revised Code be 19
amended to read as follows: 20
Sec. 2921.36. (A) No person shall knowingly convey, or 29
attempt to convey, onto the grounds of a detention facility or of 30
an institution that is under the control of the department of 31
mental health or the department of mental retardation and 32
developmental disabilities, any of the following items: 33
(1) Any deadly weapon or dangerous ordnance, as defined in 35
section 2923.11 of the Revised Code, or any part of or ammunition 36
for use in such a deadly weapon or dangerous ordnance; 37
(2) Any drug of abuse, as defined in section 3719.011 of 39
the Revised Code; 40
(3) Any intoxicating liquor, as defined in section 4301.01 42
of the Revised Code. 43
(B) Division (A) of this section does not apply to any 45
person who conveys or attempts to convey an item onto the grounds 46
of a detention facility or of an institution under the control of 47
the department of mental health or the department of mental 48
retardation and developmental disabilities pursuant to the 49
2
written authorization of the person in charge of the detention 50
facility or the institution and in accordance with the written 51
rules of the detention facility or the institution. 52
(C) No person shall knowingly deliver, or attempt to 54
deliver, to any person who is confined in a detention facility or 55
to any patient in an institution under the control of the 56
department of mental health or the department of mental 57
retardation and developmental disabilities, any item listed in 58
division (A)(1), (2), or (3) of this section. 59
(D) No person shall knowingly deliver, or attempt to 61
deliver, cash to any person who is confined in a detention 62
facility.
(E)(1) It is an affirmative defense to a charge under 64
division (A)(1) of this section that the weapon or dangerous 66
ordnance in question was being transported in a motor vehicle for 67
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 68
that it was unloaded and was being carried in a closed package, 69
box, or case or in a compartment that can be reached only by 70
leaving the vehicle.
(2) It is an affirmative defense to a charge under 72
division (C) of this section that the actor was not otherwise 73
prohibited by law from delivering the item to the confined person 74
or the patient and that either of the following applies: 75
(a) The actor was permitted by the written rules of the 77
detention facility or the institution to deliver the item to the 78
confined person or the patient. 79
(b) The actor was given written authorization by the 81
person in charge of the detention facility or the institution to 82
deliver the item to the confined person or the patient. 83
(F)(1) Whoever violates division (A)(1) of this section or 85
commits a violation of division (C) of this section involving an 86
item listed in division (A)(1) of this section is guilty of 87
illegal conveyance of weapons onto the grounds of a detention 88
3
facility or a mental health or mental retardation and 89
developmental disabilities institution, a felony of the fourth 91
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 92
impose a mandatory prison term. 93
(2) Whoever violates division (A)(2) of this section or 95
commits a violation of division (C) of this section involving any 96
drug of abuse is guilty of illegal conveyance of drugs of abuse 97
onto the grounds of a detention facility or a mental health or 98
mental retardation and developmental disabilities institution, a 99
felony of the fourth THIRD degree if the offender is an officer 101
or employee of the facility or institution or a felony of the 102
fifth degree if the offender is not such an officer or employee. 103
If the offender is an officer or employee of the department of 104
rehabilitation and correction, the court shall impose a mandatory 105
prison term.
(3) Whoever violates division (A)(3) of this section or 107
commits a violation of division (C) of this section involving any 108
intoxicating liquor is guilty of illegal conveyance of 109
intoxicating liquor onto the grounds of a detention facility or a 110
mental health or mental retardation and developmental 111
disabilities institution, a misdemeanor of the second degree. 112
(4) Whoever violates division (D) of this section is 114
guilty of illegal conveyance of cash onto the grounds of a 115
detention facility, a misdemeanor of the first degree. If the 116
offender previously has been convicted of or pleaded guilty to a 117
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 118
fifth degree. 119
Section 2. That existing section 2921.36 of the Revised 121
Code is hereby repealed. 122