As Reported by the Senate Judiciary Committee 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-SENATOR LATTA 15
_________________________________________________________________ 17
A B I L L
To amend section 2921.36 of the Revised Code to 19
enhance the penalty for illegal conveyance of 20
drugs of abuse onto the grounds of a detention
facility or a Mental Health or Mental Retardation 21
and Developmental Disabilities institution. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2921.36 of the Revised Code be 26
amended to read as follows: 27
Sec. 2921.36. (A) No person shall knowingly convey, or 36
attempt to convey, onto the grounds of a detention facility or of 37
an institution that is under the control of the department of 38
mental health or the department of mental retardation and 39
developmental disabilities, any of the following items: 40
(1) Any deadly weapon or dangerous ordnance, as defined in 42
section 2923.11 of the Revised Code, or any part of or ammunition 43
for use in such a deadly weapon or dangerous ordnance; 44
(2) Any drug of abuse, as defined in section 3719.011 of 46
the Revised Code; 47
(3) Any intoxicating liquor, as defined in section 4301.01 49
2
of the Revised Code. 50
(B) Division (A) of this section does not apply to any 52
person who conveys or attempts to convey an item onto the grounds 53
of a detention facility or of an institution under the control of 54
the department of mental health or the department of mental 55
retardation and developmental disabilities pursuant to the 56
written authorization of the person in charge of the detention 57
facility or the institution and in accordance with the written 58
rules of the detention facility or the institution. 59
(C) No person shall knowingly deliver, or attempt to 61
deliver, to any person who is confined in a detention facility or 62
to any patient in an institution under the control of the 63
department of mental health or the department of mental 64
retardation and developmental disabilities, any item listed in 65
division (A)(1), (2), or (3) of this section. 66
(D) No person shall knowingly deliver, or attempt to 68
deliver, cash to any person who is confined in a detention 69
facility.
(E)(1) It is an affirmative defense to a charge under 71
division (A)(1) of this section that the weapon or dangerous 73
ordnance in question was being transported in a motor vehicle for 74
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 75
that it was unloaded and was being carried in a closed package, 76
box, or case or in a compartment that can be reached only by 77
leaving the vehicle.
(2) It is an affirmative defense to a charge under 79
division (C) of this section that the actor was not otherwise 80
prohibited by law from delivering the item to the confined person 81
or the patient and that either of the following applies: 82
(a) The actor was permitted by the written rules of the 84
detention facility or the institution to deliver the item to the 85
confined person or the patient. 86
(b) The actor was given written authorization by the 88
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person in charge of the detention facility or the institution to 89
deliver the item to the confined person or the patient. 90
(F)(1) Whoever violates division (A)(1) of this section or 92
commits a violation of division (C) of this section involving an 93
item listed in division (A)(1) of this section is guilty of 94
illegal conveyance of weapons onto the grounds of a detention 95
facility or a mental health or mental retardation and 96
developmental disabilities institution, a felony of the fourth 98
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 99
impose a mandatory prison term. 100
(2) Whoever violates division (A)(2) of this section or 102
commits a violation of division (C) of this section involving any 103
drug of abuse is guilty of illegal conveyance of drugs of abuse 104
onto the grounds of a detention facility or a mental health or 105
mental retardation and developmental disabilities institution, a 106
felony of the fourth THIRD degree if the offender is an officer 108
or employee of the facility or institution or a felony of the 109
fifth degree if the offender is not such an officer or employee. 110
If the offender is an officer or employee of the department of 111
rehabilitation and correction OR OF THE DEPARTMENT OF YOUTH 112
SERVICES, the court shall impose a mandatory prison term. 113
(3) Whoever violates division (A)(3) of this section or 115
commits a violation of division (C) of this section involving any 116
intoxicating liquor is guilty of illegal conveyance of 117
intoxicating liquor onto the grounds of a detention facility or a 118
mental health or mental retardation and developmental 119
disabilities institution, a misdemeanor of the second degree. 120
(4) Whoever violates division (D) of this section is 122
guilty of illegal conveyance of cash onto the grounds of a 123
detention facility, a misdemeanor of the first degree. If the 124
offender previously has been convicted of or pleaded guilty to a 125
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 126
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fifth degree. 127
Section 2. That existing section 2921.36 of the Revised 129
Code is hereby repealed. 130