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