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
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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