As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-EVANS- 10
DAMSCHRODER-ROMAN-TIBERI-CALVERT-JOLIVETTE-HOLLISTER- 11
MOTTLEY-MEAD-BENDER-BUCHY-STAPLETON-FORD-HARTNETT-REDFERN- 12
CAREY-KREBS-HARRIS-WIDENER-VESPER-VERICH-YOUNG-BARNES-PERRY- 13
OGG-METZGER-CORBIN-AUSTRIA-SMITH-PATTON-SYKES-WOMER BENJAMIN- 14
BOYD-LOGAN-BARRETT-BRITTON-AMSTUTZ-SALERNO 15
_________________________________________________________________ 16
A B I L L
To amend section 2921.36 of the Revised Code to 18
enhance the penalty for illegal conveyance of 19
drugs of abuse onto the grounds of a detention
facility or a Mental Health or Mental Retardation 20
and Developmental Disabilities institution. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2921.36 of the Revised Code be 25
amended to read as follows: 26
Sec. 2921.36. (A) No person shall knowingly convey, or 35
attempt to convey, onto the grounds of a detention facility or of 36
an institution that is under the control of the department of 37
mental health or the department of mental retardation and 38
developmental disabilities, any of the following items: 39
(1) Any deadly weapon or dangerous ordnance, as defined in 41
section 2923.11 of the Revised Code, or any part of or ammunition 42
for use in such a deadly weapon or dangerous ordnance; 43
(2) Any drug of abuse, as defined in section 3719.011 of 45
the Revised Code; 46
(3) Any intoxicating liquor, as defined in section 4301.01 48
2
of the Revised Code. 49
(B) Division (A) of this section does not apply to any 51
person who conveys or attempts to convey an item onto the grounds 52
of a detention facility or of an institution under the control of 53
the department of mental health or the department of mental 54
retardation and developmental disabilities pursuant to the 55
written authorization of the person in charge of the detention 56
facility or the institution and in accordance with the written 57
rules of the detention facility or the institution. 58
(C) No person shall knowingly deliver, or attempt to 60
deliver, to any person who is confined in a detention facility or 61
to any patient in an institution under the control of the 62
department of mental health or the department of mental 63
retardation and developmental disabilities, any item listed in 64
division (A)(1), (2), or (3) of this section. 65
(D) No person shall knowingly deliver, or attempt to 67
deliver, cash to any person who is confined in a detention 68
facility.
(E)(1) It is an affirmative defense to a charge under 70
division (A)(1) of this section that the weapon or dangerous 72
ordnance in question was being transported in a motor vehicle for 73
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 74
that it was unloaded and was being carried in a closed package, 75
box, or case or in a compartment that can be reached only by 76
leaving the vehicle.
(2) It is an affirmative defense to a charge under 78
division (C) of this section that the actor was not otherwise 79
prohibited by law from delivering the item to the confined person 80
or the patient and that either of the following applies: 81
(a) The actor was permitted by the written rules of the 83
detention facility or the institution to deliver the item to the 84
confined person or the patient. 85
(b) The actor was given written authorization by the 87
3
person in charge of the detention facility or the institution to 88
deliver the item to the confined person or the patient. 89
(F)(1) Whoever violates division (A)(1) of this section or 91
commits a violation of division (C) of this section involving an 92
item listed in division (A)(1) of this section is guilty of 93
illegal conveyance of weapons onto the grounds of a detention 94
facility or a mental health or mental retardation and 95
developmental disabilities institution, a felony of the fourth 97
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 98
impose a mandatory prison term. 99
(2) Whoever violates division (A)(2) of this section or 101
commits a violation of division (C) of this section involving any 102
drug of abuse is guilty of illegal conveyance of drugs of abuse 103
onto the grounds of a detention facility or a mental health or 104
mental retardation and developmental disabilities institution, a 105
felony of the fourth THIRD degree if the offender is an officer 107
or employee of the facility or institution or a felony of the 108
fifth degree if the offender is not such an officer or employee. 109
If the offender is an officer or employee of the department of 110
rehabilitation and correction OR OF THE DEPARTMENT OF YOUTH 111
SERVICES, the court shall impose a mandatory prison term. 112
(3) Whoever violates division (A)(3) of this section or 114
commits a violation of division (C) of this section involving any 115
intoxicating liquor is guilty of illegal conveyance of 116
intoxicating liquor onto the grounds of a detention facility or a 117
mental health or mental retardation and developmental 118
disabilities institution, a misdemeanor of the second degree. 119
(4) Whoever violates division (D) of this section is 121
guilty of illegal conveyance of cash onto the grounds of a 122
detention facility, a misdemeanor of the first degree. If the 123
offender previously has been convicted of or pleaded guilty to a 124
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 125
4
fifth degree. 126
Section 2. That existing section 2921.36 of the Revised 128
Code is hereby repealed. 129