As Reported by House Criminal Justice Committee 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
BUEHRER-CALLENDER-MYERS-JERSE-FERDERBER-GOODMAN 10
_________________________________________________________________ 11
A B I L L
To amend section 2921.36 of the Revised Code to 13
enhance the penalty for illegal conveyance of 14
drugs of abuse onto the grounds of a detention
facility or a Mental Health or Mental Retardation 15
and Developmental Disabilities institution. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2921.36 of the Revised Code be 20
amended to read as follows: 21
Sec. 2921.36. (A) No person shall knowingly convey, or 30
attempt to convey, onto the grounds of a detention facility or of 31
an institution that is under the control of the department of 32
mental health or the department of mental retardation and 33
developmental disabilities, any of the following items: 34
(1) Any deadly weapon or dangerous ordnance, as defined in 36
section 2923.11 of the Revised Code, or any part of or ammunition 37
for use in such a deadly weapon or dangerous ordnance; 38
(2) Any drug of abuse, as defined in section 3719.011 of 40
the Revised Code; 41
(3) Any intoxicating liquor, as defined in section 4301.01 43
of the Revised Code. 44
(B) Division (A) of this section does not apply to any 46
person who conveys or attempts to convey an item onto the grounds 47
of a detention facility or of an institution under the control of 48
the department of mental health or the department of mental 49
2
retardation and developmental disabilities pursuant to the 50
written authorization of the person in charge of the detention 51
facility or the institution and in accordance with the written 52
rules of the detention facility or the institution. 53
(C) No person shall knowingly deliver, or attempt to 55
deliver, to any person who is confined in a detention facility or 56
to any patient in an institution under the control of the 57
department of mental health or the department of mental 58
retardation and developmental disabilities, any item listed in 59
division (A)(1), (2), or (3) of this section. 60
(D) No person shall knowingly deliver, or attempt to 62
deliver, cash to any person who is confined in a detention 63
facility.
(E)(1) It is an affirmative defense to a charge under 65
division (A)(1) of this section that the weapon or dangerous 67
ordnance in question was being transported in a motor vehicle for 68
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 69
that it was unloaded and was being carried in a closed package, 70
box, or case or in a compartment that can be reached only by 71
leaving the vehicle.
(2) It is an affirmative defense to a charge under 73
division (C) of this section that the actor was not otherwise 74
prohibited by law from delivering the item to the confined person 75
or the patient and that either of the following applies: 76
(a) The actor was permitted by the written rules of the 78
detention facility or the institution to deliver the item to the 79
confined person or the patient. 80
(b) The actor was given written authorization by the 82
person in charge of the detention facility or the institution to 83
deliver the item to the confined person or the patient. 84
(F)(1) Whoever violates division (A)(1) of this section or 86
commits a violation of division (C) of this section involving an 87
item listed in division (A)(1) of this section is guilty of 88
3
illegal conveyance of weapons onto the grounds of a detention 89
facility or a mental health or mental retardation and 90
developmental disabilities institution, a felony of the fourth 92
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 93
impose a mandatory prison term. 94
(2) Whoever violates division (A)(2) of this section or 96
commits a violation of division (C) of this section involving any 97
drug of abuse is guilty of illegal conveyance of drugs of abuse 98
onto the grounds of a detention facility or a mental health or 99
mental retardation and developmental disabilities institution, a 100
felony of the fourth THIRD degree if the offender is an officer 102
or employee of the facility or institution or a felony of the 103
fifth degree if the offender is not such an officer or employee. 104
If the offender is an officer or employee of the department of 105
rehabilitation and correction, the court shall impose a mandatory 106
prison term.
(3) Whoever violates division (A)(3) of this section or 108
commits a violation of division (C) of this section involving any 109
intoxicating liquor is guilty of illegal conveyance of 110
intoxicating liquor onto the grounds of a detention facility or a 111
mental health or mental retardation and developmental 112
disabilities institution, a misdemeanor of the second degree. 113
(4) Whoever violates division (D) of this section is 115
guilty of illegal conveyance of cash onto the grounds of a 116
detention facility, a misdemeanor of the first degree. If the 117
offender previously has been convicted of or pleaded guilty to a 118
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 119
fifth degree. 120
Section 2. That existing section 2921.36 of the Revised 122
Code is hereby repealed. 123