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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
fifth degree.                                                      127          

      Section 2.  That existing section 2921.36 of the Revised     129          

Code is hereby repealed.                                           130