As Passed by the Senate                       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-SENATORS LATTA-      15           

   JOHNSON-CUPP-CARNES-MUMPER-WHITE-NEIN-ARMBRUSTER-OELSLAGER-     16           

                 SHOEMAKER-HAGAN-LATELL-DiDONATO                   17           


_________________________________________________________________   19           

                          A   B I L L                                           

             To amend section 2921.36 of the Revised Code to       21           

                enhance the penalty for illegal conveyance of      22           

                drugs of abuse onto the grounds of a detention                  

                facility or a Mental Health or Mental Retardation  23           

                and Developmental Disabilities institution.        24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That section 2921.36 of the Revised Code be      28           

amended to read as follows:                                        29           

      Sec. 2921.36.  (A)  No person shall knowingly convey, or     38           

attempt to convey, onto the grounds of a detention facility or of  39           

an institution that is under the control of the department of      40           

mental health or the department of mental retardation and          41           

developmental disabilities, any of the following items:            42           

      (1)  Any deadly weapon or dangerous ordnance, as defined in  44           

section 2923.11 of the Revised Code, or any part of or ammunition  45           

for use in such a deadly weapon or dangerous ordnance;             46           

      (2)  Any drug of abuse, as defined in section 3719.011 of    48           

                                                          2      


                                                                 
the Revised Code;                                                  49           

      (3)  Any intoxicating liquor, as defined in section 4301.01  51           

of the Revised Code.                                               52           

      (B)  Division (A) of this section does not apply to any      54           

person who conveys or attempts to convey an item onto the grounds  55           

of a detention facility or of an institution under the control of  56           

the department of mental health or the department of mental        57           

retardation and developmental disabilities pursuant to the         58           

written authorization of the person in charge of the detention     59           

facility or the institution and in accordance with the written     60           

rules of the detention facility or the institution.                61           

      (C)  No person shall knowingly deliver, or attempt to        63           

deliver, to any person who is confined in a detention facility or  64           

to any patient in an institution under the control of the          65           

department of mental health or the department of mental            66           

retardation and developmental disabilities, any item listed in     67           

division (A)(1), (2), or (3) of this section.                      68           

      (D)  No person shall knowingly deliver, or attempt to        70           

deliver, cash to any person who is confined in a detention         71           

facility.                                                                       

      (E)(1)  It is an affirmative defense to a charge under       73           

division (A)(1) of this section that the weapon or dangerous       75           

ordnance in question was being transported in a motor vehicle for  76           

any lawful purpose, that it was not on the actor's person, and,                 

if the weapon or dangerous ordnance in question was a firearm,     77           

that it was unloaded and was being carried in a closed package,    78           

box, or case or in a compartment that can be reached only by       79           

leaving the vehicle.                                                            

      (2)  It is an affirmative defense to a charge under          81           

division (C) of this section that the actor was not otherwise      82           

prohibited by law from delivering the item to the confined person  83           

or the patient and that either of the following applies:           84           

      (a)  The actor was permitted by the written rules of the     86           

detention facility or the institution to deliver the item to the   87           

                                                          3      


                                                                 
confined person or the patient.                                    88           

      (b)  The actor was given written authorization by the        90           

person in charge of the detention facility or the institution to   91           

deliver the item to the confined person or the patient.            92           

      (F)(1)  Whoever violates division (A)(1) of this section or  94           

commits a violation of division (C) of this section involving an   95           

item listed in division (A)(1) of this section is guilty of        96           

illegal conveyance of weapons onto the grounds of a detention      97           

facility or a mental health or mental retardation and              98           

developmental disabilities institution, a felony of the fourth     100          

degree.  If the offender is an officer or employee of the                       

department of rehabilitation and correction, the court shall       101          

impose a mandatory prison term.                                    102          

      (2)  Whoever violates division (A)(2) of this section or     104          

commits a violation of division (C) of this section involving any  105          

drug of abuse is guilty of illegal conveyance of drugs of abuse    106          

onto the grounds of a detention facility or a mental health or     107          

mental retardation and developmental disabilities institution, a   108          

felony of the fourth THIRD degree if the offender is an officer    110          

or employee of the facility or institution or a felony of the      111          

fifth degree if the offender is not such an officer or employee.   112          

If the offender is an officer or employee of the department of     113          

rehabilitation and correction OR OF THE DEPARTMENT OF YOUTH        114          

SERVICES, the court shall impose a mandatory prison term.          115          

      (3)  Whoever violates division (A)(3) of this section or     117          

commits a violation of division (C) of this section involving any  118          

intoxicating liquor is guilty of illegal conveyance of             119          

intoxicating liquor onto the grounds of a detention facility or a  120          

mental health or mental retardation and developmental              121          

disabilities institution, a misdemeanor of the second degree.      122          

      (4)  Whoever violates division (D) of this section is        124          

guilty of illegal conveyance of cash onto the grounds of a         125          

detention facility, a misdemeanor of the first degree.  If the     126          

offender previously has been convicted of or pleaded guilty to a   127          

                                                          4      


                                                                 
violation of division (D) of this section, illegal conveyance of                

cash onto the grounds of a detention facility is a felony of the   128          

fifth degree.                                                      129          

      Section 2.  That existing section 2921.36 of the Revised     131          

Code is hereby repealed.                                           132