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