As Reported by the Senate Education Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 1 5
1999-2000 6
SENATORS GARDNER-KEARNS-OELSLAGER-CUPP-MUMPER-SCHAFRATH-PRENTISS 8
_________________________________________________________________ 10
A B I L L
To amend sections 2901.01, 2903.13, 2917.11, 12
2923.122, 2923.161, 2929.14, 3313.66, 3313.661, 14
3313.664, 3321.13, and 4507.061 and to enact
sections 2941.143, 3313.536, and 3318.031 of the 16
Revised Code to require each school district 18
board of education to adopt a comprehensive
school safety plan for each building in the 19
district; to require the Ohio School Facilities
Commission to consider student and staff safety 20
when reviewing design plans for classroom 21
facility construction projects; to define "school
safety zone" for purposes of the Criminal Code; 22
to substitute "school safety zone" for "school," 23
"school premises," and similar terms used to 24
define certain offenses or enhance their
penalties; to enhance the penalty for any felony 25
offense of violence committed in a school safety 26
zone or towards a person in a school safety zone;
to require a school district superintendent to 28
expel a pupil who has committed an act warranting
expulsion even if the pupil withdraws from the 31
school before the superintendent has conducted an 32
expulsion hearing or has made the decision to 33
expel the pupil; to permit a school district 35
board to adopt a policy authorizing the
superintendent to expel for up to one year any 36
pupil who has committed an act at school or on 37
other school property that is a criminal offense 38
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if committed by an adult and that results in
serious physical harm to either persons or 39
property; to prohibit a student from having a 40
driver's license or permit if the student has
been disciplined by school district for 41
misconduct involving a weapon; and to make other
revisions to the school discipline laws. 43
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 2901.01, 2903.13, 2917.11, 47
2923.122, 2923.161, 2929.14, 3313.66, 3313.661, 3313.664, 49
3321.13, and 4507.061 be amended and sections 2941.143, 3313.536, 50
and 3318.031 of the Revised Code be enacted to read as follows: 52
Sec. 2901.01. (A) As used in the Revised Code: 61
(1) "Force" means any violence, compulsion, or constraint 63
physically exerted by any means upon or against a person or 64
thing. 65
(2) "Deadly force" means any force that carries a 67
substantial risk that it will proximately result in the death of 68
any person. 69
(3) "Physical harm to persons" means any injury, illness, 71
or other physiological impairment, regardless of its gravity or 72
duration. 73
(4) "Physical harm to property" means any tangible or 75
intangible damage to property that, in any degree, results in 76
loss to its value or interferes with its use or enjoyment. 77
"Physical harm to property" does not include wear and tear 78
occasioned by normal use. 79
(5) "Serious physical harm to persons" means any of the 81
following: 82
(a) Any mental illness or condition of such gravity as 84
would normally require hospitalization or prolonged psychiatric 85
treatment; 86
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(b) Any physical harm that carries a substantial risk of 88
death; 89
(c) Any physical harm that involves some permanent 91
incapacity, whether partial or total, or that involves some 92
temporary, substantial incapacity; 93
(d) Any physical harm that involves some permanent 95
disfigurement or that involves some temporary, serious 96
disfigurement; 97
(e) Any physical harm that involves acute pain of such 99
duration as to result in substantial suffering or that involves 100
any degree of prolonged or intractable pain. 101
(6) "Serious physical harm to property" means any physical 103
harm to property that does either of the following: 104
(a) Results in substantial loss to the value of the 106
property or requires a substantial amount of time, effort, or 107
money to repair or replace; 108
(b) Temporarily prevents the use or enjoyment of the 110
property or substantially interferes with its use or enjoyment 111
for an extended period of time. 112
(7) "Risk" means a significant possibility, as contrasted 114
with a remote possibility, that a certain result may occur or 115
that certain circumstances may exist. 116
(8) "Substantial risk" means a strong possibility, as 118
contrasted with a remote or significant possibility, that a 119
certain result may occur or that certain circumstances may exist. 120
(9) "Offense of violence" means any of the following: 122
(a) A violation of section 2903.01, 2903.02, 2903.03, 124
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 125
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 126
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 127
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 128
division (A)(1), (2), or (3) of section 2911.12 of the Revised 129
Code or felonious sexual penetration in violation of former 130
section 2907.12 of the Revised Code; 131
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(b) A violation of an existing or former municipal 133
ordinance or law of this or any other state or the United States, 134
substantially equivalent to any section, division, or offense 136
listed in division (A)(9)(a) of this section; 137
(c) An offense, other than a traffic offense, under an 139
existing or former municipal ordinance or law of this or any 140
other state or the United States, committed purposely or 141
knowingly, and involving physical harm to persons or a risk of 142
serious physical harm to persons; 143
(d) A conspiracy or attempt to commit, or complicity in 145
committing, any offense under division (A)(9)(a), (b), or (c) of 147
this section.
(10)(a) "Property" means any property, real or personal, 150
tangible or intangible, and any interest or license in that 151
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 152
telecommunications devices, information service, computers, data, 153
computer software, financial instruments associated with 155
computers, other documents associated with computers, or copies 156
of the documents, whether in machine or human readable form, 157
trade secrets, trademarks, copyrights, patents, and property 158
protected by a trademark, copyright, or patent. "Financial 159
instruments associated with computers" include, but are not 160
limited to, checks, drafts, warrants, money orders, notes of 161
indebtedness, certificates of deposit, letters of credit, bills 162
of credit or debit cards, financial transaction authorization 163
mechanisms, marketable securities, or any computer system 164
representations of any of them. 165
(b) As used in division (A)(10) of this section, "trade 168
secret" has the same meaning as in section 1333.61 of the Revised 169
Code, and "telecommunications . service" and "information 170
service" have the same meanings as in section 2913.01 of the 172
Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, 175
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"cable television service," "computer," "computer software," 176
"computer system," "computer network," "data," and 177
"telecommunications device" have the same meanings as in section 178
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 180
(a) A sheriff, deputy sheriff, constable, police officer 182
of a township or joint township police district, marshal, deputy 183
marshal, municipal police officer, member of a police force 184
employed by a metropolitan housing authority under division (D) 185
of section 3735.31 of the Revised Code, or state highway patrol 186
trooper; 187
(b) An officer, agent, or employee of the state or any of 189
its agencies, instrumentalities, or political subdivisions, upon 190
whom, by statute, a duty to conserve the peace or to enforce all 191
or certain laws is imposed and the authority to arrest violators 192
is conferred, within the limits of that statutory duty and 193
authority; 194
(c) A mayor, in the mayor's capacity as chief conservator 196
of the peace within the mayor's municipal corporation; 197
(d) A member of an auxiliary police force organized by 199
county, township, or municipal law enforcement authorities, 200
within the scope of the member's appointment or commission; 201
(e) A person lawfully called pursuant to section 311.07 of 203
the Revised Code to aid a sheriff in keeping the peace, for the 204
purposes and during the time when the person is called; 205
(f) A person appointed by a mayor pursuant to section 207
737.01 of the Revised Code as a special patrolling officer during 209
riot or emergency, for the purposes and during the time when the 210
person is appointed;
(g) A member of the organized militia of this state or the 212
armed forces of the United States, lawfully called to duty to aid 213
civil authorities in keeping the peace or protect against 214
domestic violence; 215
(h) A prosecuting attorney, assistant prosecuting 217
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attorney, secret service officer, or municipal prosecutor; 218
(i) An Ohio veterans' home police officer appointed under 220
section 5907.02 of the Revised Code; 221
(j) A member of a police force employed by a regional 223
transit authority under division (Y) of section 306.35 of the 224
Revised Code.
(12) "Privilege" means an immunity, license, or right 226
conferred by law, bestowed by express or implied grant, arising 228
out of status, position, office, or relationship, or growing out 229
of necessity.
(13) "Contraband" means any property described in the 231
following categories: 232
(a) Property that in and of itself is unlawful for a 234
person to acquire or possess; 235
(b) Property that is not in and of itself unlawful for a 237
person to acquire or possess, but that has been determined by a 238
court of this state, in accordance with law, to be contraband 239
because of its use in an unlawful activity or manner, of its 240
nature, or of the circumstances of the person who acquires or 241
possesses it, including, but not limited to, goods and personal 242
property described in division (D) of section 2913.34 of the 243
Revised Code;
(c) Property that is specifically stated to be contraband 245
by a section of the Revised Code or by an ordinance, regulation, 246
or resolution; 247
(d) Property that is forfeitable pursuant to a section of 249
the Revised Code, or an ordinance, regulation, or resolution, 250
including, but not limited to, forfeitable firearms, dangerous 251
ordnance, obscene materials, and goods and personal property 253
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 255
3719.01 of the Revised Code, or any device, paraphernalia, money 256
as defined in section 1301.01 of the Revised Code, or other means 257
of exchange that has been, is being, or is intended to be used in 258
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an attempt or conspiracy to violate, or in a violation of, 259
Chapter 2925. or 3719. of the Revised Code; 260
(f) Any gambling device, paraphernalia, money as defined 262
in section 1301.01 of the Revised Code, or other means of 263
exchange that has been, is being, or is intended to be used in an 264
attempt or conspiracy to violate, or in the violation of, Chapter 265
2915. of the Revised Code; 266
(g) Any equipment, machine, device, apparatus, vehicle, 268
vessel, container, liquid, or substance that has been, is being, 269
or is intended to be used in an attempt or conspiracy to violate, 270
or in the violation of, any law of this state relating to alcohol 271
or tobacco; 272
(h) Any personal property that has been, is being, or is 274
intended to be used in an attempt or conspiracy to commit, or in 275
the commission of, any offense or in the transportation of the 276
fruits of any offense; 277
(i) Any property that is acquired through the sale or 279
other transfer of contraband or through the proceeds of 280
contraband, other than by a court or a law enforcement agency 281
acting within the scope of its duties; 282
(j) Any computer, computer system, computer network, 284
computer software, or other telecommunications device that is 285
used in a conspiracy to commit, an attempt to commit, or the 287
commission of any offense, if the owner of the computer, computer 288
system, computer network, computer software, or other 289
telecommunications device is convicted of or pleads guilty to the 290
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 292
relative to a charge of an offense only if the person proves, in 293
the manner specified in section 2901.05 of the Revised Code, that 294
at the time of the commission of the offense, the person did not 295
know, as a result of a severe mental disease or defect, the 296
wrongfulness of the person's acts. 297
(B)(1)(a) Subject to division (B)(2) of this section, as 300
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used in any section contained in Title XXIX of the Revised Code 301
that sets forth a criminal offense, "person" includes all of the 302
following:
(i) An individual, corporation, business trust, estate, 304
trust, partnership, and association; 305
(ii) An unborn human who is viable. 307
(b) As used in any section contained in Title XXIX of the 310
Revised Code that does not set forth a criminal offense, "person" 311
includes an individual, corporation, business trust, estate, 312
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 314
(i) "Unborn human" means an individual organism of the 316
species homo sapiens from fertilization until live birth. 317
(ii) "Viable" means the stage of development of a human 320
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 321
temporary artificial life-sustaining support. 322
(2) Notwithstanding division (B)(1)(a) of this section, in 324
no case shall the portion of the definition of the term "person" 325
that is set forth in division (B)(1)(a)(ii) of this section be 326
applied or construed in any section contained in Title XXIX of 327
the Revised Code that sets forth a criminal offense in any of the 328
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 330
this section, in a manner so that the offense prohibits or is 331
construed as prohibiting any pregnant woman or her physician from 332
performing an abortion with the consent of the pregnant woman, 333
with the consent of the pregnant woman implied by law in a 334
medical emergency, or with the approval of one otherwise 335
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 336
described in the immediately preceding sentence may be punished 337
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 338
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 339
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2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 340
An abortion that does not violate the conditions described in the 341
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 342
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 343
as a violation of section 2919.12, division (B) of section 344
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 345
Code, as applicable. Consent is sufficient under this division 346
if it is of the type otherwise adequate to permit medical 347
treatment to the pregnant woman, even if it does not comply with 348
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 351
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 352
results in any of the following: 353
(i) Her delivery of a stillborn baby; 355
(ii) Her causing, in any other manner, the death in utero 358
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 361
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 362
(iv) Her causing her child who is born alive to sustain 365
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 368
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 369
or a mental illness or condition, regardless of its duration or 370
gravity, to a viable, unborn human that she is carrying. 371
(C) AS USED IN TITLE XXIX OF THE REVISED CODE: 377
(1) "SCHOOL SAFETY ZONE" CONSISTS OF A SCHOOL, SCHOOL 380
BUILDING, SCHOOL PREMISES, SCHOOL ACTIVITY, AND SCHOOL BUS. 381
(2) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" 383
HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE. 384
(3) "SCHOOL ACTIVITY" MEANS ANY ACTIVITY HELD UNDER THE 386
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AUSPICES OF A BOARD OF EDUCATION OF A CITY, LOCAL, COUNTY, 387
EXEMPTED VILLAGE, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION 388
SCHOOL DISTRICT OR THE GOVERNING BODY OF A SCHOOL FOR WHICH THE 389
STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER 390
SECTION 3301.07 OF THE REVISED CODE. 392
(4) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 394
4511.01 OF THE REVISED CODE. 396
Sec. 2903.13. (A) No person shall knowingly cause or 405
attempt to cause physical harm to another or to another's unborn. 406
(B) No person shall recklessly cause serious physical harm 408
to another or to another's unborn. 409
(C) Whoever violates this section is guilty of assault. 411
Except as otherwise provided in division (C)(1), (2), or (3) of 412
this section, assault is a misdemeanor of the first degree. 414
(1) Except as otherwise provided in this division, if the 416
offense is committed by a caretaker against a functionally 418
impaired person under the caretaker's care, assault is a felony 419
of the fourth degree. If the offense is committed by a caretaker 420
against a functionally impaired person under the caretaker's 421
care, if the offender previously has been convicted of or pleaded 423
guilty to a violation of this section or section 2903.11 or 424
2903.16 of the Revised Code, and if in relation to the previous 425
conviction the offender was a caretaker and the victim was a 426
functionally impaired person under the offender's care, assault 427
is a felony of the third degree. 428
(2) If the offense is committed in any of the following 430
circumstances, assault is a felony of the fifth degree: 431
(a) The offense occurs in or on the grounds of a state 433
correctional institution or an institution of the department of 434
youth services, the victim of the offense is an employee of the 435
department of rehabilitation and correction, the department of 436
youth services, or a probation department or is on the premises 437
of the particular institution for business purposes or as a 438
visitor, and the offense is committed by a person incarcerated in 439
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the state correctional institution, by a person institutionalized 440
in the department of youth services institution pursuant to a 441
commitment to the department of youth services, by a probationer 443
or parolee, by an offender under transitional control, under a 445
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 448
type of supervision by a government agency;. 449
(b) The offense occurs in or on the grounds of a local 451
correctional facility, the victim of the offense is an employee 452
of the local correctional facility or a probation department or 453
is on the premises of the facility for business purposes or as a 454
visitor, and the offense is committed by a person who is under 455
custody in the facility subsequent to the person's arrest for any 456
crime or delinquent act, subsequent to the person's being charged 458
with or convicted of any crime, or subsequent to the person's 460
being alleged to be or adjudicated a delinquent child. 461
(c) The offense occurs off the grounds of a state 463
correctional institution and off the grounds of an institution of 464
the department of youth services, the victim of the offense is an 465
employee of the department of rehabilitation and correction, the 466
department of youth services, or a probation department, the 467
offense occurs during the employee's official work hours and 468
while the employee is engaged in official work responsibilities, 469
and the offense is committed by a person incarcerated in a state 471
correctional institution or institutionalized in the department 472
of youth services who temporarily is outside of the institution 473
for any purpose, by a probationer or parolee, by an offender 475
under transitional control, under a community control sanction, 476
or on an escorted visit, by a person under post-release control, 477
or by an offender under any other type of supervision by a 478
government agency.
(d) The offense occurs off the grounds of a local 480
correctional facility, the victim of the offense is an employee 481
of the local correctional facility or a probation department, the 482
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offense occurs during the employee's official work hours and 483
while the employee is engaged in official work responsibilities, 484
and the offense is committed by a person who is under custody in 485
the facility subsequent to the person's arrest for any crime or 486
delinquent act, subsequent to the person being charged with or 487
convicted of any crime, or subsequent to the person being alleged 488
to be or adjudicated a delinquent child and who temporarily is 490
outside of the facility for any purpose or by a probationer or 491
parolee, by an offender under transitional control, under a 492
community control sanction, or on an escorted visit, by a person 493
under post-release control, or by an offender under any other 494
type of supervision by a government agency. 495
(e) The victim of the offense is a school teacher or 497
administrator or a school bus operator, and the offense occurs on 498
IN A school premises, in a school building, on a school bus, or 500
while the victim is outside of school premises or a school bus 501
and is ingaged in duties or official responsibilities associated 503
with the victim's employement or position as a school teacher or 504
administrator or a school bus operator, including, but not 505
limited to, driving, accompanying, or chaperoning students at or 506
on class or field trips, athletic events, or other school 507
extracurricular activities or functions outide of school premises 508
SAFETY ZONE.
(3) If the victim of the offense is a peace officer, a 510
fire fighter FIREFIGHTER, or a person performing emergency 511
medical service, while in the performance of their official 513
duties, assault is a felony of the fourth degree. 514
(4) As used in this section: 516
(a) "Peace officer" has the same meaning as in section 518
2935.01 of the Revised Code. 519
(b) "Fire fighter FIREFIGHTER" has the same meaning as in 521
section 3937.41 of the Revised Code. 523
(c) "Emergency medical service" has the same meaning as in 525
section 4765.01 of the Revised Code. 526
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(d) "Local correctional facility" means a county, 528
multicounty, municipal, municipal-county, or 529
multicounty-municipal jail or workhouse, a minimum security jail 531
established under section 341.23 or 753.21 of the Revised Code, 532
or another county, multicounty, municipal, municipal-county, or 533
multicounty-municipal facility used for the custody of persons 534
arrested for any crime or delinquent act, persons charged with or 535
convicted of any crime, or persons alleged to be or adjudicated a 536
delinquent child.
(e) "Employee of a local correctional facility" means a 538
person who is an employee of the political subdivision or of one 539
or more of the affiliated political subdivisions that operates 540
the local correctional facility and who operates or assists in 541
the operation of the facility. 542
(f) "School," "school building," and "school premises" 544
have the same meanings as in section 2925.01 of the Revised Code. 546
(g) "School teacher or administrator" means either of the 548
following:
(i) A person who is employed in the public schools of the 550
state under a contract described in section 3319.08 of the 551
Revised Code in a position in which the person is required to 552
have a certificate issued pursuant to sections 3319.22 to 553
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 555
which the state board of education prescribes minimum standards 556
under section 3301.07 of the Revised Code and who is certificated 557
in accordance with section 3301.071 of the Revised Code. 558
(h) "School bus" has the same meaning as in section 560
4511.01 of the Revised Code. 561
(i)(g) "Community control sanction" has the same meaning 563
as in section 2929.01 of the Revised Code. 565
(j)(h) "Escorted visit" means an escorted visit granted 567
under section 2967.27 of the Revised Code. 568
(k)(i) "Post-release control" and "transitional control" 570
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have the same meanings as in section 2967.01 of the Revised Code. 572
Sec. 2917.11. (A) No person shall recklessly cause 581
inconvenience, annoyance, or alarm to another, by doing any of 582
the following: 583
(1) Engaging in fighting, in threatening harm to persons 585
or property, or in violent or turbulent behavior; 586
(2) Making unreasonable noise or an offensively coarse 588
utterance, gesture, or display, or communicating unwarranted and 589
grossly abusive language to any person; 590
(3) Insulting, taunting, or challenging another, under 592
circumstances in which such conduct is likely to provoke a 593
violent response; 594
(4) Hindering or preventing the movement of persons on a 596
public street, road, highway, or right-of-way, or to, from, 597
within, or upon public or private property, so as to interfere 598
with the rights of others, and by any act that serves no lawful 600
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to 602
persons or that presents a risk of physical harm to persons or 604
property, by any act that serves no lawful and reasonable purpose 605
of the offender.
(B) No person, while voluntarily intoxicated, shall do 607
either of the following: 608
(1) In a public place or in the presence of two or more 610
persons, engage in conduct likely to be offensive or to cause 611
inconvenience, annoyance, or alarm to persons of ordinary 612
sensibilities, which conduct the offender, if the offender were 614
not intoxicated, should know is likely to have that effect on 615
others; 616
(2) Engage in conduct or create a condition that presents 618
a risk of physical harm to the offender or another, or to the 620
property of another.
(C) Violation of any statute or ordinance of which an 622
element is operating a motor vehicle, locomotive, watercraft, 623
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aircraft, or other vehicle while under the influence of alcohol 624
or any drug of abuse, is not a violation of division (B) of this 625
section. 626
(D) When to an ordinary observer a person appears to be 628
intoxicated, it is probable cause to believe that person is 629
voluntarily intoxicated for purposes of division (B) of this 630
section. 631
(E) Whoever violates this section is guilty of disorderly 633
conduct. Except as otherwise provided in this division, 634
disorderly conduct is a minor misdemeanor. If the offender 636
persists in disorderly conduct after reasonable warning or
request to desist or if the offense is committed in the vicinity 637
of a school OR IN A SCHOOL SAFETY ZONE, disorderly conduct is a 639
misdemeanor of the fourth degree.
(F) As used in this section, "committed in the vicinity of 641
a school" has the same meaning as in section 2925.01 of the 643
Revised Code.
Sec. 2923.122. (A) No person shall knowingly convey, or 657
attempt to convey, a deadly weapon or dangerous ordnance onto 659
school premises, into a school or school building, to a school 660
activity, or onto a school bus SAFETY ZONE. 661
(B) No person shall knowingly possess a deadly weapon or 663
dangerous ordnance on school premises, in a school or school 664
building, at a school activity, or on a school bus SAFETY ZONE. 666
(C) No person shall knowingly possess an object on school 669
premises, in a school or school building, at a school activity, 670
or on a school bus SAFETY ZONE if both of the following apply: 672
(1) The object is indistinguishable from a firearm, 674
whether or not the object is capable of being fired. 675
(2) The person indicates that the person possesses the 678
object and that it is a firearm, or the person knowingly displays 679
or brandishes the object and indicates that it is a firearm. 680
(D) This section does not apply to officers, agents, or 682
employees of this or any other state or the United States, or to 683
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law enforcement officers, authorized to carry deadly weapons or 684
dangerous ordnance and acting within the scope of their duties, 685
to any security officer employed by a board of education or 686
governing body of a school during the time that the security 687
officer is on duty pursuant to that contract of employment, or to 688
any other person who has written authorization from the board of 689
education or governing body of a school to convey deadly weapons 690
or dangerous ordnance onto school premises, into a school or 692
school building, to a school activity, or onto a school bus
SAFETY ZONE or to possess a deadly weapon or dangerous ordnance 694
on school premises, in a school or school building, at a school 695
activity, or on a school bus SAFETY ZONE and who conveys or 697
possesses the deadly weapon or dangerous ordnance in accordance
with that authorization. 698
Division (C) of this section does not apply to premises 701
upon which home schooling is conducted. Division (C) of this 702
section also does not apply to a school administrator, teacher,
or employee who possesses an object that is indistinguishable 703
from a firearm for legitimate school purposes during the course 704
of employment, a student who uses an object that is 705
indistinguishable from a firearm under the direction of a school 706
administrator, teacher, or employee, or any other person who with
the express prior approval of a school administrator possesses an 708
object that is indistinguishable from a firearm for a legitimate
purpose, including the use of the object in a ceremonial 709
activity, a play, reenactment, or other dramatic presentation, or 710
a ROTC activity or another similar use of the object. 711
(E)(1) Whoever violates division (A) or (B) of this 714
section is guilty of illegal conveyance or possession of a deadly 715
weapon or dangerous ordnance on IN A school premises SAFETY ZONE. 717
Except as otherwise provided in this division, illegal conveyance 718
or possession of a deadly weapon or dangerous ordnance on IN A 720
school premises SAFETY ZONE is a felony of the fifth degree. If 721
the offender previously has been convicted of a violation of this 723
17
section, illegal conveyance or possession of a deadly weapon or 725
dangerous ordnance on IN A school premises SAFETY ZONE is a 726
felony of the fourth degree. 727
(2) Whoever violates division (C) of this section is 729
guilty of illegal possession of an object indistinguishable from 730
a firearm on IN A school premises SAFETY ZONE. Except as 733
otherwise provided in this division, illegal possession of an 735
object indistinguishable from a firearm on IN A school premises 736
SAFETY ZONE is a misdemeanor of the first degree. If the 737
offender previously has been convicted of a violation of this 738
section, illegal possession of an object indistinguishable from a 739
firearm on IN A school premises SAFETY ZONE is a felony of the 740
fifth degree. 741
(E)(F)(1) In addition to any other penalty imposed upon a 743
person who is convicted of or pleads guilty to a violation of 746
this section and subject to division (E)(F)(2) of this section, 748
if the offender has not attained nineteen years of age, 749
regardless of whether the offender is attending or is enrolled in 750
a school operated by a board of education or for which the state 751
board of education prescribes minimum standards under section 752
3301.07 of the Revised Code, the court shall impose upon the 753
offender whichever of the following penalties applies: 754
(a) If the offender has been issued a probationary 756
driver's license, restricted license, driver's license, or 757
probationary commercial driver's license that then is in effect, 758
the court shall suspend for a period of not less than twelve 760
months and not more than thirty-six months that license of the 761
offender.
(b) If the offender has been issued a temporary 763
instruction permit that then is in effect, the court shall revoke 765
it and deny the offender the issuance of another temporary 766
instruction permit, and the period of denial shall be for not 767
less than twelve months and not more than thirty-six months.
(c) If the offender has been issued a commercial driver's 770
18
license temporary instruction permit that then is in effect, the 771
court shall suspend the offender's driver's license, revoke the 772
commercial driver's license temporary instruction permit, and 773
deny the offender the issuance of another commercial driver's 775
license temporary instruction permit, and the period of 776
suspension plus the period of denial shall total not less than
twelve months and not more than thirty-six months. 777
(d) If, on the date the court imposes sentence upon the 779
offender for a violation of this section, the offender has not 782
been issued any type of license that then is in effect to operate 783
a motor vehicle in this state or a temporary instruction permit 785
that then is in effect, the court shall deny the offender the 786
issuance of a temporary instruction permit for a period of not 787
less than twelve months and not more than thirty-six months.
(e) If the offender is not a resident of this state, the 789
court shall suspend for a period of not less than twelve months 790
and not more than thirty-six months the nonresident operating 791
privilege of the offender.
(2) If the offender shows good cause why the court should 793
not suspend or revoke one of the types of licenses, permits or 794
privileges specified in division (E)(F)(1) of this section or 796
deny the issuance of one of the temporary instruction permits 798
specified in that division, the court in its discretion may 799
choose not to impose the suspension, revocation, or denial
required in that division. 800
(F)(G) As used in this section: 802
(1) "School," "school building," and "school premises" 804
have the same meanings as in section 2925.01 of the Revised Code. 805
(2) "School activity" means any activity held under the 807
auspices of a board of education of a city, local, county, 808
exempted village, joint vocational, or cooperative education 809
school district or the governing body of a school for which the 810
state board of education prescribes minimum standards under 811
section 3301.07 of the Revised Code.
19
(3) "School bus" has the same meaning as in section 813
4511.01 of the Revised Code. 814
(4) "Object, "OBJECT that is indistinguishable from a 817
firearm" means an object made, constructed, or altered so that, 819
to a reasonable person without specialized training in firearms, 820
the object appears to be a firearm.
Sec. 2923.161. (A) No person, without privilege to do so, 829
shall knowingly discharge DO EITHER OF THE FOLLOWING: 830
(1) DISCHARGE a firearm at or into an occupied structure 833
that is a permanent or temporary habitation of any individual or; 834
(2) DISCHARGE A FIREARM AT, IN, OR INTO a school SAFETY 836
ZONE.
(B) This section does not apply to any officer, agent, or 838
employee of this or any other state or the United States, or to 839
any law enforcement officer, who discharges the firearm while 840
acting within the scope of the officer's, agent's, or employee's 841
duties.
(C) Whoever violates this section is guilty of improperly 843
discharging a firearm at or into a habitation or IN A school 844
SAFETY ZONE, a felony of the second degree. 846
(D) As used in this section, "occupied structure" has the 848
same meaning as in section 2909.01 of the Revised Code. 849
Sec. 2929.14. (A) Except as provided in division (C), 859
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 860
relation to an offense for which a sentence of death or life 861
imprisonment is to be imposed, if the court imposing a sentence 862
upon an offender for a felony elects or is required to impose a 863
prison term on the offender pursuant to this chapter and is not 864
prohibited by division (G)(1) of section 2929.13 of the Revised 865
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 867
(1) For a felony of the first degree, the prison term 869
shall be three, four, five, six, seven, eight, nine, or ten 870
years. 871
20
(2) For a felony of the second degree, the prison term 873
shall be two, three, four, five, six, seven, or eight years. 874
(3) For a felony of the third degree, the prison term 876
shall be one, two, three, four, or five years. 877
(4) For a felony of the fourth degree, the prison term 879
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 880
fourteen, fifteen, sixteen, seventeen, or eighteen months. 881
(5) For a felony of the fifth degree, the prison term 883
shall be six, seven, eight, nine, ten, eleven, or twelve months. 885
(B) Except as provided in division (C), (D)(2), (D)(3), or 888
(G) of this section, in section 2907.02 of the Revised Code, or 889
in Chapter 2925. of the Revised Code, if the court imposing a 891
sentence upon an offender for a felony elects or is required to 892
impose a prison term on the offender and if the offender 893
previously has not served a prison term, the court shall impose 894
the shortest prison term authorized for the offense pursuant to 895
division (A) of this section, unless the court finds on the 896
record that the shortest prison term will demean the seriousness 897
of the offender's conduct or will not adequately protect the 898
public from future crime by the offender or others. 899
(C) Except as provided in division (G) of this section or 901
in Chapter 2925. of the Revised Code, the court imposing a 902
sentence upon an offender for a felony may impose the longest 903
prison term authorized for the offense pursuant to division (A) 904
of this section only upon offenders who committed the worst forms 905
of the offense, upon offenders who pose the greatest likelihood 906
of committing future crimes, upon certain major drug offenders 907
under division (D)(3) of this section, and upon certain repeat 908
violent offenders in accordance with division (D)(2) of this 910
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 912
this section, if an offender who is convicted of or pleads guilty 913
to a felony also is convicted of or pleads guilty to a 914
specification of the type described in section 2941.144 of the 915
21
Revised Code that charges the offender with having a firearm that 917
is an automatic firearm or that was equipped with a firearm 918
muffler or silencer on or about the offender's person or under 920
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 921
Revised Code that charges the offender with having a firearm on 922
or about the offender's person or under the offender's control 923
while committing the offense and displaying the firearm, 925
brandishing the firearm, indicating that the offender possessed 926
the firearm, or using it to facilitate the offense, or a 928
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 930
or about the offender's person or under the offender's control 931
while committing the felony, the court, after imposing a prison 932
term on the offender for the felony under division (A), (D)(2), 934
or (D)(3) of this section, shall impose an additional prison 935
term, determined pursuant to this division, that shall not be 936
reduced pursuant to section 2929.20, section 2967.193, or any 937
other provision of Chapter 2967. or Chapter 5120. of the Revised 938
Code. If the specification is of the type described in section 940
2941.144 of the Revised Code, the additional prison term shall be 941
six years. If the specification is of the type described in 943
section 2941.145 of the Revised Code, the additional prison term 945
shall be three years. If the specification is of the type 946
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 948
than one additional prison term on an offender under this 949
division for felonies committed as part of the same act or 950
transaction. If a court imposes an additional prison term under 951
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 952
division.
(ii) Except as provided in division (D)(1)(b) of this 955
section, if an offender who is convicted of or pleads guilty to a 956
22
violation of section 2923.161 of the Revised Code or to a felony 958
that includes, as an essential element, purposely or knowingly 959
causing or attempting to cause the death of or physical harm to 960
another, also is convicted of or pleads guilty to a specification 961
of the type described in section 2941.146 of the Revised Code 964
that charges the offender with committing the offense by 965
discharging a firearm from a motor vehicle, as defined in section 966
4501.01 of the Revised Code, other than a manufactured home, as 969
defined in section 4501.01 of the Revised Code, the court, after 971
imposing a prison term on the offender for the violation of 972
section 2923.161 of the Revised Code or for the other felony 974
offense under division (A), (D)(2), or (D)(3) of this section, 975
shall impose an additional prison term of five years upon the 976
offender that shall not be reduced pursuant to section 2929.20, 977
section 2967.193, or any other provision of Chapter 2967. or 978
Chapter 5120. of the Revised Code. A court shall not impose more 980
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 982
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 983
also shall impose an additional prison term under division 984
(D)(1)(a)(i) of this section relative to the same offense, 985
provided the criteria specified in that division for imposing an 986
additional prison term are satisfied relative to the offender and 987
the offense.
(b) The court shall not impose any of the additional 989
prison terms described in division (D)(1)(a) of this section upon 992
an offender for a violation of section 2923.12 or 2923.123 of the 993
Revised Code. The court shall not impose any of the additional 994
prison terms described in that division upon an offender for a 995
violation of section 2923.13 of the Revised Code unless all of 996
the following apply:
(i) The offender previously has been convicted of 999
aggravated murder, murder, or any felony of the first or second 1,000
23
degree.
(ii) Less than five years have passed since the offender 1,003
was released from prison or post-release control, whichever is 1,004
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 1,007
to a felony also is convicted of or pleads guilty to a 1,008
specification of the type described in section 2941.149 of the 1,009
Revised Code that the offender is a repeat violent offender, the 1,011
court shall impose a prison term from the range of terms 1,012
authorized for the offense under division (A) of this section 1,013
that may be the longest term in the range and that shall not be 1,014
reduced pursuant to section 2929.20, section 2967.193, or any 1,016
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,017
Code. If the court finds that the repeat violent offender, in 1,019
committing the offense, caused any physical harm that carried a 1,020
substantial risk of death to a person or that involved 1,021
substantial permanent incapacity or substantial permanent 1,022
disfigurement of a person, the court shall impose the longest 1,023
prison term from the range of terms authorized for the offense 1,025
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 1,028
violent offender imposes the longest prison term from the range 1,029
of terms authorized for the offense under division (A) of this 1,030
section, the court may impose on the offender an additional 1,031
definite prison term of one, two, three, four, five, six, seven, 1,032
eight, nine, or ten years if the court finds that both of the 1,033
following apply with respect to the prison terms imposed on the 1,034
offender pursuant to division (D)(2)(a) of this section and, if 1,035
applicable, divisions (D)(1) and (3) of this section: 1,036
(i) The terms so imposed are inadequate to punish the 1,039
offender and protect the public from future crime, because the 1,040
applicable factors under section 2929.12 of the Revised Code 1,043
indicating a greater likelihood of recidivism outweigh the 1,045
applicable factors under that section indicating a lesser
24
likelihood of recidivism. 1,046
(ii) The terms so imposed are demeaning to the seriousness 1,049
of the offense, because one or more of the factors under section 1,050
2929.12 of the Revised Code indicating that the offender's 1,051
conduct is more serious than conduct normally constituting the 1,052
offense are present, and they outweigh the applicable factors 1,053
under that section indicating that the offender's conduct is less 1,055
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,058
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,059
imposed for the violation is life imprisonment or commits a 1,060
violation of section 2903.02 of the Revised Code, if the offender 1,061
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,062
the Revised Code and that section requires the imposition of a 1,064
ten-year prison term on the offender or if a court imposing a 1,065
sentence upon an offender for a felony finds that the offender is 1,066
guilty of a specification of the type described in section 1,067
2941.1410 of the Revised Code, that the offender is a major drug 1,068
offender, is guilty of corrupt activity with the most serious 1,069
offense in the pattern of corrupt activity being a felony of the 1,070
first degree, or is guilty of an attempted forcible violation of 1,071
section 2907.02 of the Revised Code with the victim being under 1,072
thirteen years of age and that attempted violation is the felony 1,073
for which sentence is being imposed, the court shall impose upon 1,074
the offender for the felony violation a ten-year prison term that 1,075
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,077
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,080
division (D)(3)(a) of this section may impose an additional 1,081
prison term of one, two, three, four, five, six, seven, eight, 1,082
nine, or ten years, if the court, with respect to the term 1,083
imposed under division (D)(3)(a) of this section and, if 1,084
applicable, divisions (D)(1) and (2) of this section, makes both 1,086
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,087
25
this section.
(4) If the offender is being sentenced for a fourth degree 1,089
felony OMVI offense and if division (G)(2) of section 2929.13 of 1,091
the Revised Code requires the sentencing court to impose upon the 1,092
offender a mandatory prison term, the sentencing court shall 1,093
impose upon the offender a mandatory prison term in accordance 1,094
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 1,095
prison term of any duration specified in division (A)(4) of this 1,096
section minus the sixty days imposed upon the offender as the 1,097
mandatory prison term. The total of the additional prison term 1,098
imposed under division (D)(4) of this section plus the sixty days 1,099
imposed as the mandatory prison term shall equal one of the 1,100
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 1,101
division (D)(4) of this section, the offender shall serve the 1,102
additional prison term after the offender has served the 1,103
mandatory prison term required for the offense. The court shall 1,104
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 1,105
(E)(1) If a mandatory prison term is imposed upon an 1,108
offender pursuant to division (D)(1)(a) of this section for 1,109
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,111
prison term is imposed upon an offender pursuant to division 1,112
(D)(1)(b) of this section for committing a felony specified in 1,113
that division by discharging a firearm from a motor vehicle, the 1,114
offender shall serve the mandatory prison term consecutively to 1,115
and prior to the prison term imposed for the underlying felony 1,116
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,117
any other section of the Revised Code and consecutively to any 1,118
other prison term or mandatory prison term previously or 1,120
subsequently imposed upon the offender. 1,121
(2) If an offender who is an inmate in a jail, prison, or 1,124
26
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,126
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,127
offender who is an inmate in a jail, prison, or other residential 1,128
detention facility or is under detention at a detention facility 1,129
commits another felony while the offender is an escapee in 1,131
violation of section 2921.34 of the Revised Code, any prison term 1,133
imposed upon the offender for one of those violations shall be 1,134
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 1,136
committed that offense and to any other prison term previously or 1,137
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,138
meanings as in section 2921.01 of the Revised Code. 1,139
(3) If a prison term is imposed for a violation of 1,141
division (B) of section 2911.01 of the Revised Code, the offender 1,143
shall serve that prison term consecutively to any other prison 1,144
term.
(4) If multiple prison terms are imposed on an offender 1,146
for convictions of multiple offenses, the court may require the 1,147
offender to serve the prison terms consecutively if the court 1,148
finds that the consecutive service is necessary to protect the 1,149
public from future crime or to punish the offender and that 1,150
consecutive sentences are not disproportionate to the seriousness 1,151
of the offender's conduct and to the danger the offender poses to 1,153
the public, and if the court also finds any of the following: 1,154
(a) The offender committed the multiple offenses while the 1,157
offender was awaiting trial or sentencing, was under a sanction 1,158
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,159
Revised Code, or was under post-release control for a prior 1,160
offense.
(b) The harm caused by the multiple offenses was so great 1,163
or unusual that no single prison term for any of the offenses 1,164
27
committed as part of a single course of conduct adequately 1,165
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 1,167
demonstrates that consecutive sentences are necessary to protect 1,168
the public from future crime by the offender. 1,169
(5) When consecutive prison terms are imposed pursuant to 1,172
division (E)(1), (2), (3), or (4) of this section, the term to be 1,173
served is the aggregate of all of the terms so imposed. 1,174
(F) If a court imposes a prison term of a type described 1,177
in division (B) of section 2967.28 of the Revised Code, it shall 1,178
include in the sentence a requirement that the offender be 1,179
subject to a period of post-release control after the offender's 1,180
release from imprisonment, in accordance with that division. If 1,181
a court imposes a prison term of a type described in division (C) 1,182
of that section, it shall include in the sentence a requirement 1,183
that the offender be subject to a period of post-release control 1,184
after the offender's release from imprisonment, in accordance 1,185
with that division, if the parole board determines that a period 1,186
of post-release control is necessary. 1,187
(G) If a person is convicted of or pleads guilty to a 1,189
sexually violent offense and also is convicted of or pleads 1,190
guilty to a sexually violent predator specification that was 1,191
included in the indictment, count in the indictment, or 1,192
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,193
the Revised Code, and Chapter 2971. of the Revised Code applies 1,194
regarding the prison term or term of life imprisonment without 1,195
parole imposed upon the offender and the service of that term of 1,196
imprisonment.
(H) If a person who has been convicted of or pleaded 1,198
guilty to a felony is sentenced to a prison term or term of 1,199
imprisonment under this section, sections 2929.02 to 2929.06 of 1,200
the Revised Code, section 2971.03 of the Revised Code, or any 1,201
other provision of law, section 5120.163 of the Revised Code 1,202
28
applies regarding the person while the person is confined in a
state correctional institution. 1,203
(I) If an offender who is convicted of or pleads guilty to 1,205
a felony that is an offense of violence also is convicted of or 1,207
pleads guilty to a specification of the type described in section 1,208
2941.142 of the Revised Code that charges the offender with 1,209
having committed the felony while participating in a criminal 1,210
gang, the court shall impose upon the offender an additional 1,211
prison term of one, two, or three years.
(J) IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 1,213
A FELONY THAT IS AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR 1,215
PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 1,216
2941.143 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH 1,219
HAVING COMMITTED THE FELONY IN A SCHOOL SAFETY ZONE OR TOWARDS A 1,220
PERSON IN A SCHOOL SAFETY ZONE, THE COURT SHALL IMPOSE UPON THE 1,221
OFFENDER AN ADDITIONAL PRISON TERM OF TWO YEARS. THE OFFENDER
SHALL SERVE THE ADDITIONAL TWO YEARS CONSECUTIVELY TO AND PRIOR 1,222
TO THE PRISON TERM IMPOSED FOR THE UNDERLYING FELONY. 1,223
Sec. 2941.143. IMPOSITION OF A SENTENCE BY A COURT 1,226
PURSUANT TO DIVISION (J) OF SECTION 2929.14 OF THE REVISED CODE 1,228
IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE INDICTMENT, OR 1,229
INFORMATION CHARGING THE FELONY THAT IS AN OFFENSE OF VIOLENCE 1,230
SPECIFIES THAT THE OFFENDER COMMITTED THE FELONY IN A SCHOOL 1,232
SAFETY ZONE OR TOWARDS A PERSON IN A SCHOOL SAFTY ZONE. THE 1,233
SPECIFICATION SHALL BE STATED AT THE END OF THE BODY OF THE 1,235
INDICTMENT, COUNT, OR INFORMATION AND SHALL BE IN SUBSTANTIALLY 1,236
THE FOLLOWING FORM:
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 1,239
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING 1,240
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 1,241
(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY THAT IS AN 1,242
OFFENSE OF VIOLENCE IN A SCHOOL SAFETY ZONE OR TOWARDS A PERSON 1,244
IN A SCHOOL SAFETY ZONE)."
Sec. 3313.536. THE BOARD OF EDUCATION OF EACH CITY, 1,246
29
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL ADOPT A 1,247
COMPREHENSIVE SCHOOL SAFETY PLAN FOR EACH SCHOOL BUILDING UNDER 1,248
THE BOARD'S CONTROL. THE BOARD SHALL EXAMINE THE ENVIRONMENTAL 1,249
CONDITIONS AND OPERATIONS OF EACH BUILDING TO DETERMINE POTENTIAL 1,251
HAZARDS TO STUDENT AND STAFF SAFETY AND SHALL PROPOSE OPERATING 1,252
CHANGES TO PROMOTE THE PREVENTION OF POTENTIALLY DANGEROUS 1,253
PROBLEMS AND CIRCUMSTANCES. IN DEVELOPING THE PLAN FOR EACH 1,254
BUILDING, THE BOARD SHALL AFFORD AN OPPORTUNITY FOR COMMUNITY LAW 1,255
ENFORCEMENT AND SAFETY OFFICIALS, PARENTS OF STUDENTS WHO ARE 1,256
ASSIGNED TO THE BUILDING, AND TEACHERS AND NONTEACHING EMPLOYEES 1,257
WHO ARE ASSIGNED TO THE BUILDING TO OFFER SUGGESTIONS AND 1,258
COMMENTS ON THE PLAN. THE BOARD SHALL CONSIDER INCORPORATING 1,259
REMEDIATION STRATEGIES INTO THE PLAN FOR ANY BUILDING WHERE 1,260
DOCUMENTED SAFETY PROBLEMS HAVE OCCURRED.
THE BOARD SHALL INCORPORATE INTO THE PLAN BOTH OF THE 1,262
FOLLOWING: 1,263
(A) A PROTOCOL FOR ADDRESSING SERIOUS THREATS TO THE 1,266
SAFETY OF SCHOOL PROPERTY, STUDENTS, EMPLOYEES, OR 1,267
ADMINISTRATORS;
(B) A PROTOCOL FOR RESPONDING TO ANY EMERGENCY EVENTS THAT 1,270
DO OCCUR AND THAT COMPROMISE THE SAFETY OF SCHOOL PROPERTY, 1,271
STUDENTS, EMPLOYEES, OR ADMINISTRATORS. 1,272
EACH PROTOCOL SHALL INCLUDE PROCEDURES DEEMED APPROPRIATE 1,274
BY THE BOARD FOR RESPONDING TO THREATS AND EMERGENCY EVENTS, 1,275
RESPECTIVELY, INCLUDING SUCH THINGS AS NOTIFICATION OF 1,276
APPROPRIATE LAW ENFORCEMENT PERSONNEL, CALLING UPON SPECIFIED 1,277
EMERGENCY RESPONSE PERSONNEL FOR ASSISTANCE, AND INFORMING 1,278
PARENTS OF AFFECTED STUDENTS. 1,279
Sec. 3313.66. (A) Except as provided under division 1,288
(B)(2) of this section, the superintendent of schools of a city, 1,290
exempted village, or local school district, or the principal of a 1,291
public school may suspend a pupil from school for not more than 1,292
ten school days. THE BOARD OF EDUCATION OF A CITY, EXEMPTED 1,293
VILLAGE, OR LOCAL SCHOOL DISTRICT MAY ADOPT A POLICY GRANTING 1,294
30
ASSISTANT PRINCIPALS AND OTHER ADMINISTRATORS THE AUTHORITY TO 1,295
SUSPEND A PUPIL FROM SCHOOL FOR A PERIOD OF TIME AS SPECIFIED IN 1,296
THE POLICY OF THE BOARD OF EDUCATION, NOT TO EXCEED TEN SCHOOL 1,297
DAYS. If at the time a suspension is imposed there are fewer 1,299
than ten school days remaining in the school year in which the 1,300
incident that gives rise to the suspension takes place, the 1,301
superintendent may apply any remaining part or all of the period 1,302
of the suspension to the following school year. No EXCEPT IN THE 1,303
CASE OF A PUPIL GIVEN AN IN-SCHOOL SUSPENSION, NO pupil shall be 1,304
suspended unless prior to the suspension such superintendent or 1,305
principal does both of the following: 1,306
(1) Gives the pupil written notice of the intention to 1,308
suspend him THE PUPIL and the reasons for the intended suspension 1,310
and, if the proposed suspension is based on a violation listed in 1,311
division (A) of section 3313.662 of the Revised Code and if the 1,312
pupil is sixteen years of age or older, includes in the notice a 1,313
statement that the superintendent may seek to permanently exclude 1,314
the pupil if he THE PUPIL is convicted of or adjudicated a 1,315
delinquent child for that violation; 1,317
(2) Provides the pupil an opportunity to appear at an 1,319
informal hearing before the principal, assistant principal, 1,320
superintendent, or superintendent's designee and challenge the 1,321
reason for the intended suspension or otherwise to explain his 1,322
THE PUPIL'S actions. 1,323
(B)(1) Except as provided under division (B)(2) or, (3), 1,325
OR (4) of this section, the superintendent of schools of a city, 1,327
exempted village, or local school district may expel a pupil from 1,328
school for a period not to exceed the greater of eighty school 1,329
days or the number of school days remaining in the semester or 1,330
term in which the incident that gives rise to the expulsion takes 1,331
place, unless the expulsion is extended pursuant to division (F) 1,332
of this section. If at the time an expulsion is imposed there 1,333
are fewer than eighty school days remaining in the school year in 1,334
which the incident that gives rise to the expulsion takes place, 1,335
31
the superintendent may apply any remaining part or all of the 1,336
period of the expulsion to the following school year. 1,337
(2)(a) Unless a pupil is permanently excluded pursuant to 1,339
section 3313.662 of the Revised Code, the superintendent of 1,340
schools of a city, exempted village, or local school district 1,342
shall expel a pupil from school for a period of one year for 1,343
bringing a firearm to a school operated by the board of education
of the district or on to ONTO any other property owned or 1,344
controlled by the board, except that the superintendent may 1,347
reduce this requirement on a case-by-case basis in accordance 1,348
with the policy adopted by the board under section 3313.661 of
the Revised Code. Any such 1,350
(b) THE SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED 1,352
VILLAGE, OR LOCAL SCHOOL DISTRICT MAY EXPEL A PUPIL FROM SCHOOL 1,353
FOR A PERIOD OF ONE YEAR FOR BRINGING A FIREARM TO AN 1,355
INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY
OTHER PROGRAM OR ACTIVITY THAT IS SPONSORED BY THE DISTRICT OR IN 1,356
WHICH THE DISTRICT IS A PARTICIPANT BUT THAT IS NOT LOCATED IN A 1,357
SCHOOL OR ON PROPERTY THAT IS OWNED OR CONTROLLED BY THE 1,358
DISTRICT. THE SUPERINTENDENT MAY REDUCE THIS DISCIPLINARY ACTION 1,359
ON A CASE BY CASE BASIS IN ACCORDANCE WITH THE POLICY ADOPTED BY 1,360
THE BOARD UNDER SECTION 3313.661 OF THE REVISED CODE.
(c) ANY expulsion PURSUANT TO DIVISION (B)(2) OF THIS 1,363
SECTION shall extend, as necessary, into the school year 1,364
following the school year in which the incident that gives rise 1,366
to the expulsion takes place. As used in this division, 1,367
"firearm" has the same meaning as provided pursuant to the 1,368
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 1,369
8001(a)(2). 1,370
(3) The board of education of a city, exempted village, or 1,373
local school district may adopt a resolution authorizing the 1,374
superintendent of schools to expel a pupil from school for a 1,375
period not to exceed one year for bringing a knife to a school 1,376
operated by the board or, onto any other property owned or 1,377
32
controlled by the board, OR TO AN INTERSCHOLASTIC COMPETITION, AN 1,378
EXTRACURRICULAR EVENT, OR ANY OTHER PROGRAM OR ACTIVITY SPONSORED 1,379
BY THE SCHOOL DISTRICT OR IN WHICH THE DISTRICT IS A PARTICIPANT, 1,380
or for possessing a firearm or knife at a school or, on any other 1,382
property owned or controlled by the board, OR AT AN 1,384
INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY
OTHER PROGRAM OR ACTIVITY SPONSORED BY THE SCHOOL DISTRICT OR IN 1,385
WHICH THE DISTRICT IS A PARTICIPANT, which firearm or knife was 1,387
initially brought onto school board property by another person. 1,388
The resolution may authorize the superintendent to extend such an 1,389
expulsion, as necessary, into the school year following the 1,390
school year in which the incident that gives rise to the 1,391
expulsion takes place.
(4) THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, OR 1,394
LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A 1,395
POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES 1,396
THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A 1,398
PERIOD NOT TO EXCEED ONE YEAR FOR COMMITTING AN ACT THAT IS A 1,399
CRIMINAL OFFENSE WHEN COMMITTED BY AN ADULT AND THAT RESULTS IN 1,400
SERIOUS PHYSICAL HARM TO PERSONS AS DEFINED IN DIVISION (A)(5) OF 1,401
SECTION 2901.01 OF THE REVISED CODE OR SERIOUS PHYSICAL HARM TO 1,404
PROPERTY AS DEFINED IN DIVISION (A)(6) OF SECTION 2901.01 OF THE 1,406
REVISED CODE WHILE THE PUPIL IS AT SCHOOL, ON ANY OTHER PROPERTY 1,408
OWNED OR CONTROLLED BY THE BOARD, OR AT AN INTERSCHOLASTIC 1,410
COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY OTHER PROGRAM OR 1,411
ACTIVITY SPONSORED BY THE SCHOOL DISTRICT OR IN WHICH THE 1,412
DISTRICT IS A PARTICIPANT. ANY EXPULSION UNDER THIS DIVISION 1,413
SHALL EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR FOLLOWING THE 1,414
SCHOOL YEAR IN WHICH THE INCIDENT THAT GIVES RISE TO THE 1,415
EXPULSION TAKES PLACE. 1,416
(5) No pupil shall be expelled under division (B)(1), (2), 1,418
or (3), OR (4) of this section unless, prior to his THE PUPIL'S 1,420
expulsion, the superintendent does both of the following: 1,421
(a) Gives the pupil and his THE PUPIL'S parent, guardian, 1,423
33
or custodian written notice of the intention to expel the pupil; 1,425
(b) Provides the pupil and his THE PUPIL'S parent, 1,427
guardian, custodian, or representative an opportunity to appear 1,428
in person before the superintendent or his THE SUPERINTENDENT'S 1,429
designee to challenge the reasons for the intended expulsion or 1,430
otherwise to explain the pupil's actions. 1,431
The notice required in this division shall include the 1,433
reasons for the intended expulsion, notification of the 1,434
opportunity of the pupil and his THE PUPIL'S parent, guardian, 1,435
custodian, or representative to appear before the superintendent 1,437
or his THE SUPERINTENDENT'S designee to challenge the reasons for 1,438
the intended expulsion or otherwise to explain the pupil's 1,440
action, and notification of the time and place to appear. The 1,441
time to appear shall not be earlier than three nor later than 1,442
five school days after the notice is given, unless the 1,443
superintendent grants an extension of time at the request of the 1,444
pupil or his THE PUPIL'S parent, guardian, custodian, or 1,445
representative. If an extension is granted after giving the 1,446
original notice, the superintendent shall notify the pupil and 1,447
his THE PUPIL'S parent, guardian, custodian, or representative of 1,448
the new time and place to appear. If the proposed expulsion is 1,449
based on a violation listed in division (A) of section 3313.662 1,450
of the Revised Code and if the pupil is sixteen years of age or 1,451
older, the notice shall include a statement that the 1,452
superintendent may seek to permanently exclude the pupil if he 1,453
THE PUPIL is convicted of or adjudicated a delinquent child for 1,454
that violation. 1,455
(6) A SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED 1,457
VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL INITIATE EXPULSION 1,458
PROCEEDINGS PURSUANT TO THIS SECTION WITH RESPECT TO ANY PUPIL 1,459
WHO HAS COMMITTED AN ACT WARRANTING EXPULSION UNDER THE 1,460
DISTRICT'S POLICY REGARDING EXPULSION EVEN IF THE PUPIL HAS 1,461
WITHDRAWN FROM SCHOOL FOR ANY REASON AFTER THE INCIDENT THAT 1,462
GIVES RISE TO THE HEARING BUT PRIOR TO THE HEARING OR DECISION TO 1,463
34
IMPOSE THE EXPULSION. IF, FOLLOWING THE HEARING, THE PUPIL WOULD 1,464
HAVE BEEN EXPELLED FOR A PERIOD OF TIME HAD THE PUPIL STILL BEEN 1,465
ENROLLED IN THE SCHOOL, THE EXPULSION SHALL BE IMPOSED FOR THE 1,467
SAME LENGTH OF TIME AS ON A PUPIL WHO HAS NOT WITHDRAWN FROM THE
SCHOOL. 1,468
(C) If a pupil's presence poses a continuing danger to 1,470
persons or property or an ongoing threat of disrupting the 1,471
academic process taking place either within a classroom or 1,472
elsewhere on the school premises, the superintendent or a 1,473
principal or assistant principal may remove a pupil from 1,474
curricular or extracurricular activities or from the school 1,475
premises, and a teacher may remove a pupil from curricular or 1,476
extracurricular activities under his THE TEACHER'S supervision, 1,478
without the notice and hearing requirements of division (A) or 1,479
(B) of this section. As soon as practicable after making such a 1,480
removal, the teacher shall submit in writing to the principal the 1,481
reasons for such removal. 1,482
If a pupil is removed under this division from a curricular 1,484
or extracurricular activity or from the school premises, written 1,485
notice of the hearing and of the reason for the removal shall be 1,486
given to the pupil as soon as practicable prior to the hearing, 1,487
which shall be held within three school days from the time the 1,488
initial removal is ordered. The hearing shall be held in 1,489
accordance with division (A) of this section unless it is 1,490
probable that the pupil may be subject to expulsion, in which 1,491
case a hearing in accordance with division (B) of this section 1,492
shall be held, except that the hearing shall be held within three 1,493
school days of the initial removal. The individual who ordered, 1,494
caused, or requested the removal to be made shall be present at 1,495
the hearing. 1,496
If the superintendent or the principal reinstates a pupil 1,498
in a curricular or extracurricular activity under the teacher's 1,499
supervision prior to the hearing following a removal under this 1,500
division, the teacher, upon request, shall be given in writing 1,501
35
the reasons for such reinstatement. 1,502
(D) The superintendent or principal, within one school day 1,504
after the time of a pupil's expulsion or suspension, shall notify 1,505
in writing the parent, guardian, or custodian of the pupil and 1,506
the treasurer of the board of education of the expulsion or 1,507
suspension. The notice shall include the reasons for the 1,508
expulsion or suspension, notification of the right of the pupil 1,509
or his THE PUPIL'S parent, guardian, or custodian to appeal the 1,510
expulsion or suspension to the board of education or to its 1,511
designee, to be represented in all appeal proceedings, to be 1,512
granted a hearing before the board or its designee in order to be 1,513
heard against the suspension or expulsion, and to request that 1,514
the hearing be held in executive session, notification that the 1,515
expulsion may be subject to extension pursuant to division (F) of 1,516
this section if the pupil is sixteen years of age or older, and 1,517
notification that the superintendent may seek the pupil's 1,518
permanent exclusion if the suspension or expulsion was based on a 1,519
violation listed in division (A) of section 3313.662 of the 1,520
Revised Code that was committed when the child was sixteen years 1,521
of age or older and if the pupil is convicted of or adjudicated a 1,522
delinquent child for that violation. 1,523
Any superintendent expelling a pupil under this section for 1,525
more than twenty school days or for any period of time if the 1,526
expulsion will extend into the following semester or school year 1,527
shall, in the notice required under this division, provide the 1,528
pupil and his THE PUPIL'S parent, guardian, or custodian with 1,529
information about services or programs offered by public and 1,531
private agencies that work toward improving those aspects of the 1,532
pupil's attitudes and behavior that contributed to the incident 1,533
that gave rise to the pupil's expulsion. The information shall 1,534
include the names, addresses, and phone numbers of the 1,535
appropriate public and private agencies. 1,536
(E) A pupil or his THE PUPIL'S parent, guardian, or 1,538
custodian may appeal his THE PUPIL'S expulsion or suspension by a 1,539
36
superintendent or principal to the board of education or to its 1,541
designee. The pupil or his THE PUPIL'S parent, guardian, or 1,542
custodian may be represented in all appeal proceedings and shall 1,544
be granted a hearing before the board or its designee in order to 1,545
be heard against the suspension or expulsion. At the request of 1,546
the pupil or of his THE PUPIL'S parent, guardian, custodian, or 1,547
attorney, the board or its designee may hold the hearing in 1,548
executive session but shall act upon the suspension or expulsion 1,549
only at a public meeting. The board, by a majority vote of its 1,550
full membership or by the action of its designee, may affirm the 1,551
order of suspension or expulsion, reinstate the pupil, or 1,552
otherwise reverse, vacate, or modify the order of suspension or 1,553
expulsion.
The board or its designee shall make a verbatim record of 1,555
hearings held under this division. The decisions of the board or 1,556
its designee may be appealed under Chapter 2506. of the Revised 1,557
Code. 1,558
This section shall not be construed to require notice and 1,560
hearing in accordance with division (A), (B), or (C) of this 1,561
section in the case of normal disciplinary procedures in which a 1,562
pupil is removed from a curricular or extracurricular activity 1,563
for a period of less than one school day and is not subject to 1,564
suspension or expulsion. 1,565
(F)(1) If a pupil is expelled pursuant to division (B) of 1,567
this section for committing any violation listed in division (A) 1,568
of section 3313.662 of the Revised Code and he THE PUPIL was 1,569
sixteen years of age or older at the time he committed OF 1,570
COMMITTING the violation, if a complaint is filed pursuant to 1,571
section 2151.27 of the Revised Code alleging that the pupil is a 1,573
delinquent child based upon the commission of the violation or 1,574
the pupil is prosecuted as an adult for the commission of the 1,575
violation, and if the resultant juvenile court or criminal 1,576
proceeding is pending at the time that the expulsion terminates, 1,577
the superintendent of schools that expelled the pupil may file a 1,578
37
motion with the court in which the proceeding is pending 1,579
requesting an order extending the expulsion for the lesser of an 1,580
additional eighty days or the number of school days remaining in 1,581
the school year. Upon the filing of the motion, the court 1,582
immediately shall schedule a hearing and give written notice of 1,583
the time, date, and location of the hearing to the superintendent 1,584
and to the pupil and his THE PUPIL'S parent, guardian, or 1,585
custodian. At the hearing, the court shall determine whether 1,586
there is reasonable cause to believe that the pupil committed the 1,587
alleged violation that is the basis of the expulsion and, upon 1,588
determining that reasonable cause to believe he THE PUPIL 1,589
committed the violation does exist, shall grant the requested 1,590
extension.
(2) If a pupil has been convicted of or adjudicated a 1,592
delinquent child for a violation listed in division (A) of 1,593
section 3313.662 of the Revised Code for an act that was 1,594
committed when the child was sixteen years of age or older, if 1,595
the pupil has been expelled pursuant to division (B) of this 1,596
section for that violation, and if the board of education of the 1,597
school district of the school from which he THE PUPIL was 1,598
expelled has adopted a resolution seeking his THE PUPIL'S 1,599
permanent exclusion, the superintendent may file a motion with 1,600
the court that convicted the pupil or adjudicated the pupil a 1,602
delinquent child requesting an order to extend the expulsion 1,603
until an adjudication order or other determination regarding 1,604
permanent exclusion is issued by the superintendent of public 1,605
instruction pursuant to section 3301.121 and division (D) of 1,606
section 3313.662 of the Revised Code. Upon the filing of the 1,607
motion, the court immediately shall schedule a hearing and give 1,608
written notice of the time, date, and location of the hearing to 1,609
the superintendent of the school district, the pupil, and his THE 1,610
PUPIL'S parent, guardian, or custodian. At the hearing, the 1,611
court shall determine whether there is reasonable cause to 1,612
believe the pupil's continued attendance in the public school 1,613
38
system may endanger the health and safety of other pupils or 1,614
school employees and, upon making that determination, shall grant 1,615
the requested extension.
(G) The failure of the superintendent or the board of 1,617
education to provide the information regarding the possibility of 1,618
permanent exclusion in the notice required by divisions (A), (B), 1,619
and (D) of this section is not jurisdictional, and the failure 1,620
shall not affect the validity of any suspension or expulsion 1,621
procedure that is conducted in accordance with this section or 1,622
the validity of a permanent exclusion procedure that is conducted 1,623
in accordance with sections 3301.121 and 3313.662 of the Revised 1,624
Code. 1,625
(H) With regard to suspensions and expulsions pursuant to 1,627
divisions (A) and (B) of this section by the board of education 1,628
of any city, exempted village, or local school district, this 1,629
section shall apply to any student, whether or not the student is 1,630
enrolled in the district, attending or otherwise participating in 1,631
any curricular program provided in a school operated by the board 1,632
or provided on any other property owned or controlled by the 1,633
board. 1,634
(I) Whenever a student is expelled under this section, the 1,636
expulsion shall result in removal of the student from the 1,637
student's regular school setting. However, during the period of 1,638
the expulsion, the board of education of the school district that 1,639
expelled the student or any board of education admitting the 1,640
student during that expulsion period may provide educational
services to the student in an alternative setting. 1,641
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 1,643
Revised Code, any school district, after offering an opportunity 1,646
for a hearing, may temporarily deny admittance to any pupil if 1,647
the ONE OF THE FOLLOWING APPLIES:
(a) THE PUPIL HAS BEEN SUSPENDED FROM THE SCHOOLS OF 1,649
ANOTHER DISTRICT UNDER DIVISION (A) OF THIS SECTION AND THE 1,650
PERIOD OF SUSPENSION, AS ESTABLISHED UNDER THAT DIVISION, HAS NOT 1,651
39
EXPIRED;
(b) THE pupil has been expelled from the schools of 1,653
another district under division (B) of this section and the 1,654
period of the expulsion, as established under that division or as 1,655
extended under division (F) of this section, has not expired. If 1,656
IF a pupil is temporarily denied admission under this 1,659
division, the pupil shall be admitted to school in accordance 1,660
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of such THE SUSPENSION OR expulsion period, AS 1,662
APPLICABLE. 1,663
(2) Notwithstanding section 3313.64 or 3313.65 of the 1,665
Revised Code, any school district, after offering an opportunity 1,667
for a hearing, may temporarily deny admittance to any pupil if 1,668
the pupil has been expelled or otherwise removed for disciplinary 1,669
purposes from a public school in another state and the period of 1,670
expulsion or removal has not expired. If a pupil is temporarily 1,671
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 1,672
Revised Code no later than the earlier of the following: 1,674
(a) Upon expiration of the expulsion or removal period 1,676
imposed by the out-of-state school; 1,677
(b) Upon expiration of a period established by the 1,679
district, beginning with the date of expulsion or removal from 1,680
the out-of-state school, that is no greater than the period of 1,681
expulsion that the pupil would have received under the policy 1,682
adopted by the district under section 3313.661 of the Revised 1,683
Code had the offense that gave rise to the expulsion or removal 1,685
by the out-of-state school been committed while the pupil was 1,686
enrolled in the district.
(K) As used in this section, "permanently: 1,688
(1) "PERMANENTLY exclude" and "permanent exclusion" have 1,691
the same meanings as in section 3313.662 of the Revised Code. 1,692
(2) "IN-SCHOOL SUSPENSION" MEANS THE PUPIL WILL SERVE ALL 1,694
OF THE SUSPENSION IN A SCHOOL SETTING. 1,695
40
Sec. 3313.661. (A) The board of education of each city, 1,704
exempted village, and local school district shall adopt a policy 1,706
regarding suspension, expulsion, removal, and permanent exclusion 1,707
that specifies the types of misconduct for which a pupil may be 1,708
suspended, expelled, or removed. THE TYPES OF MISCONDUCT MAY
INCLUDE MISCONDUCT BY A PUPIL THAT OCCURS OFF OF PROPERTY OWNED 1,709
OR CONTROLLED BY THE DISTRICT BUT THAT IS CONNECTED TO ACTIVITIES 1,710
OR INCIDENTS THAT HAVE OCCURRED ON PROPERTY OWNED OR CONTROLLED 1,711
BY THAT DISTRICT AND MISCONDUCT BY A PUPIL THAT, REGARDLESS OF 1,712
WHERE IT OCCURS, IS DIRECTED AT A DISTRICT OFFICIAL OR EMPLOYEE, 1,713
OR THE PROPERTY OF SUCH OFFICIAL OR EMPLOYEE. The policy shall 1,714
specify the reasons for which the superintendent of the district 1,715
may reduce the expulsion requirement in division (B)(2) of 1,716
section 3313.66 of the Revised Code. If a board of education 1,718
adopts a resolution pursuant to division (B)(3) of section 1,719
3313.66 of the Revised Code, the policy shall define the term 1,720
"knife" or "firearm," as applicable, for purposes of expulsion 1,721
under that resolution and shall specify any reasons for which the 1,722
superintendent of the district may reduce any required expulsion 1,723
period on a case-by-case basis. IF A BOARD OF EDUCATION ADOPTS A 1,724
RESOLUTION PURSUANT TO DIVISION (B)(4) OF SECTION 3313.66 OF THE 1,725
REVISED CODE, THE POLICY SHALL SPECIFY ANY REASONS FOR WHICH THE 1,726
SUPERINTENDENT OF THE DISTRICT MAY REDUCE ANY REQUIRED EXPULSION 1,727
PERIOD ON A CASE-BY-CASE BASIS. The policy also shall set forth 1,729
the acts listed in section 3313.662 of the Revised Code for which 1,730
a pupil may be permanently excluded.
A copy of the policy shall be posted in a central location 1,732
in the school and made available to pupils upon request. No 1,733
pupil shall be suspended, expelled, or removed except in 1,734
accordance with the policy adopted by the board of education of 1,735
the school district in which the pupil attends school, and no 1,736
pupil shall be permanently excluded except in accordance with 1,737
sections 3301.121 and 3313.662 of the Revised Code. 1,738
(B) A board of education may establish a program and adopt 1,740
41
guidelines under which a superintendent may require a pupil to 1,741
perform community service in conjunction with a suspension or 1,743
expulsion imposed under section 3313.66 of the Revised Code or in 1,744
place of a suspension or expulsion imposed under section 3313.66 1,745
of the Revised Code except for an expulsion imposed pursuant to 1,746
division (B)(2) of that section. If a board adopts guidelines 1,747
under this division, they shall permit, except with regard to an 1,749
expulsion pursuant to division (B)(2) of section 3313.66 of the 1,750
Revised Code, a superintendent to impose a community service 1,751
requirement beyond the end of the school year in lieu of applying 1,752
the suspension or expulsion into the following school year. Any 1,753
guidelines adopted shall be included in the policy adopted under 1,754
this section. 1,755
(C) The written policy of each board of education that is 1,757
adopted pursuant to section 3313.20 of the Revised Code shall be 1,758
posted in a central location in each school that is subject to 1,759
the policy and shall be made available to pupils upon request. 1,760
(D) Any policy, program, or guideline adopted by a board 1,762
of education under this section with regard to suspensions or 1,763
expulsions pursuant to divisions (A) or (B) of section 3313.66 of 1,764
the Revised Code shall apply to any student, whether or not the 1,765
student is enrolled in the district, attending or otherwise 1,766
participating in any curricular program provided in a school 1,767
operated by the board or provided on any other property owned or 1,768
controlled by the board. 1,769
(E) As used in this section, "permanently exclude" and 1,771
"permanent exclusion" have the same meanings as in section 1,772
3313.662 of the Revised Code. 1,773
Sec. 3313.664. The board of education of a city, exempted 1,782
village, local, joint vocational, or cooperative education school 1,783
district may adopt a policy authorizing the district 1,784
superintendent or, other district administrative personnel, OR 1,786
PERSONNEL EMPLOYED BY THE DISTRICT TO DIRECT, SUPERVISE, OR COACH 1,787
A PUPIL ACTIVITY PROGRAM as provided in the policy to suspend 1,788
42
PROHIBIT a student from PARTICIPATING IN any particular or all 1,791
extracurricular activities of the district or a school of the
district for a period of time as provided in the policy. If a 1,792
board of education adopts a policy under this section, the board 1,793
shall post the policy in a central location in each school 1,794
building of the district and make it available to students upon 1,796
request.
Sec. 3318.031. THE OHIO SCHOOL FACILITIES COMMISSION SHALL 1,799
CONSIDER STUDENT AND STAFF SAFETY WHEN REVIEWING DESIGN PLANS FOR 1,800
CLASSROOM FACILITY CONSTRUCTION PROJECTS PROPOSED UNDER THIS 1,802
CHAPTER. AFTER CONSULTING WITH APPROPRIATE EDUCATION AND LAW 1,803
ENFORCEMENT PERSONNEL, THE COMMISSION MAY REQUIRE AS A CONDITION 1,804
OF PROJECT APPROVAL UNDER SECTION 3318.03 OF THE REVISED CODE 1,806
SUCH CHANGES IN THE DESIGN PLANS AS THE COMMISSION BELIEVES WILL 1,807
ADVANCE OR IMPROVE STUDENT AND STAFF SAFETY IN THE PROPOSED 1,808
CLASSROOM FACILITY.
TO CARRY OUT ITS DUTIES UNDER THIS SECTION, THE COMMISSION 1,810
SHALL REVIEW AND, IF NECESSARY, AMEND ANY CONSTRUCTION AND DESIGN 1,811
STANDARDS USED IN ITS PROJECT APPROVAL PROCESS, INCLUDING 1,812
STANDARDS FOR LOCATION AND NUMBER OF EXITS AND LOCATION OF 1,813
RESTROOMS, WITH A FOCUS ON ADVANCING STUDENT AND STAFF SAFETY. 1,814
Sec. 3321.13. (A) Whenever any child of compulsory school 1,823
age withdraws from school the teacher of that child shall 1,824
ascertain the reason for withdrawal. The fact of the withdrawal 1,825
and the reason for it shall be immediately transmitted by the 1,826
teacher to the superintendent of schools of the city or exempted 1,827
village school district or the educational service center as the 1,829
case may be. If the child who has withdrawn from school has done 1,830
so because of change of residence, the next residence shall be 1,831
ascertained and shall be included in the notice thus transmitted. 1,832
The superintendent shall thereupon forward a card showing the 1,833
essential facts regarding the child and stating the place of the 1,834
child's new residence to the superintendent of schools of the 1,836
district to which the child has moved. 1,837
43
The superintendent of public instruction may prescribe the 1,839
forms to be used in the operation of this division. 1,840
(B)(1) Upon receipt of information that a child of 1,842
compulsory school age has withdrawn from school for a reason 1,843
other than because of change of residence and is not enrolled in 1,844
and attending in accordance with school policy an approved 1,845
program to obtain a diploma or its equivalent, the superintendent 1,846
shall notify the registrar of motor vehicles and the juvenile 1,848
judge of the county in which the district is located of the 1,849
withdrawal and failure to enroll in and attend an approved 1,850
program to obtain a diploma or its equivalent. A notification to 1,851
the registrar required by this division shall be given in the 1,852
manner the registrar by rule requires and a notification to the 1,853
juvenile judge required by this division shall be given in 1,854
writing. Each notification shall be given within two weeks after 1,855
the withdrawal and failure to enroll in and attend an approved 1,856
program or its equivalent.
(2) The board of education of a school district may adopt 1,858
a resolution providing that the provisions of division (B)(2) of 1,859
this section apply within the district. The provisions of 1,860
division (B)(2) of this section do not apply within any school 1,861
district, and no superintendent of a school district shall send a 1,862
notification of the type described in division (B)(2) of this 1,863
section to the registrar of motor vehicles or the juvenile judge 1,864
of the county in which the district is located, unless the board 1,865
of education of the district has adopted such a resolution. If 1,866
the board of education of a school district adopts a resolution 1,867
providing that the provisions of division (B)(2) of this section 1,868
apply within the district, and if the superintendent of schools 1,869
of that district receives information that, during any semester 1,870
or term, a child of compulsory school age has been absent without 1,871
legitimate excuse from the school he THE CHILD is supposed to 1,872
attend for more than ten consecutive school days or for at least 1,873
fifteen total school days, the superintendent shall notify the 1,874
44
child and the child's parent, guardian, or custodian, in writing, 1,875
that the information has been provided to the superintendent, 1,876
that as a result of that information the child's temporary 1,878
instruction permit or driver's license will be suspended or the 1,879
opportunity to obtain such a permit or license will be denied, 1,880
and that the child and the child's parent, guardian, or custodian 1,882
may appear in person at a scheduled date, time, and place before 1,883
the superintendent or a designee to challenge the information 1,884
provided to the superintendent. 1,885
The notification to the child and the child's parent, 1,887
guardian, or custodian required by division (B)(2) of this 1,888
section shall set forth the information received by the 1,889
superintendent and shall inform the child and the child's parent, 1,890
guardian, or custodian of the scheduled date, time, and place of 1,892
the appearance that they may have before the superintendent or a 1,893
designee. The date scheduled for the appearance shall be no 1,894
earlier than three and no later than five days after the 1,895
notification is given, provided that an extension may be granted 1,896
upon request of the child or the child's parent, guardian, or 1,898
custodian. If an extension is granted, the superintendent shall 1,899
schedule a new date, time, and place for the appearance and shall 1,900
inform the child and the child's parent, guardian, or custodian 1,902
of the new date, time, and place.
If the child and the child's parent, guardian, or custodian 1,904
do not appear before the superintendent or a designee on the 1,905
scheduled date and at the scheduled time and place, or if the 1,906
child and the child's parent, guardian, or custodian appear 1,908
before the superintendent or a designee on the scheduled date and 1,909
at the scheduled time and place but the superintendent or a 1,910
designee determines that the information the superintendent 1,911
received indicating that, during the semester or term, the child 1,912
had been absent without legitimate excuse from the school the 1,913
child was supposed to attend for more than ten consecutive school 1,915
days or for at least fifteen total school days, the 1,916
45
superintendent shall notify the registrar of motor vehicles and 1,917
the juvenile judge of the county in which the district is located 1,918
that the child has been absent for that period of time and that 1,919
the child does not have any legitimate excuse for the habitual 1,920
absence. A notification to the registrar required by this 1,921
division shall be given in the manner the registrar by rule 1,922
requires and a notification to the juvenile judge required by 1,923
this division shall be given in writing. Each notification shall 1,924
be given within two weeks after the receipt of the information of 1,925
the habitual absence from school without legitimate excuse, or, 1,926
if the child and the child's parent, guardian, or custodian 1,927
appear before the superintendent or a designee to challenge the 1,928
information, within two weeks after the appearance. 1,929
For purposes of division (B)(2) of this section, a 1,931
legitimate excuse for absence from school includes, but is not 1,932
limited to, the fact that the child in question has enrolled in 1,933
another school or school district in this or another state, the 1,934
fact that the child in question was excused from attendance for 1,935
any of the reasons specified in section 3321.04 of the Revised 1,936
Code, or the fact that the child in question has received an age 1,937
and schooling certificate in accordance with section 3331.01 of 1,938
the Revised Code. 1,939
(3) Whenever a pupil is suspended or expelled from school 1,941
pursuant to section 3313.66 of the Revised Code and the reason 1,942
for the suspension or expulsion is the use or possession of 1,943
alcohol, a drug of abuse, or alcohol and a drug of abuse, the 1,944
superintendent of schools of that district may notify the 1,945
registrar and the juvenile judge of the county in which the 1,946
district is located of such suspension or expulsion. Any such 1,947
notification of suspension or expulsion shall be given to the 1,948
registrar, in the manner the registrar by rule requires and shall 1,949
be given to the juvenile judge in writing. The notifications 1,950
shall be given within two weeks after the suspension or 1,951
expulsion. 1,952
46
(4) WHENEVER A PUPIL IS SUSPENDED, EXPELLED, REMOVED, OR 1,955
PERMANENTLY EXCLUDED FROM A SCHOOL FOR MISCONDUCT INCLUDED IN A 1,956
POLICY THAT THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, 1,957
OR LOCAL SCHOOL DISTRICT HAS ADOPTED UNDER DIVISION (A) OF 1,958
SECTION 3313.661 OF THE REVISED CODE, AND THE MISCONDUCT INVOLVES
A FIREARM OR A KNIFE OR OTHER WEAPON AS DEFINED IN THAT POLICY, 1,959
THE SUPERINTENDENT OF SCHOOLS OF THAT DISTRICT SHALL NOTIFY THE 1,960
REGISTRAR AND THE JUVENILE JUDGE OF THE COUNTY IN WHICH THE 1,962
DISTRICT IS LOCATED OF THE SUSPENSION, EXPULSION, REMOVAL, OR 1,963
PERMANENT EXCLUSION. THE NOTIFICATION SHALL BE GIVEN TO THE 1,964
REGISTRAR IN THE MANNER THE REGISTRAR, BY RULE, REQUIRES AND 1,965
SHALL BE GIVEN TO THE JUVENILE JUDGE IN WRITING. THE 1,966
NOTIFICATIONS SHALL BE GIVEN WITHIN TWO WEEKS AFTER THE 1,967
SUSPENSION, EXPULSION, REMOVAL, OR PERMANENT EXCLUSION. 1,968
(C) A notification of withdrawal, habitual absence without 1,970
legitimate excuse, suspension, or expulsion given to the 1,971
registrar or a juvenile judge under division (B)(1), (2), or (3), 1,973
OR (4) of this section shall contain the name, address, date of 1,974
birth, school, and school district of the child. If the 1,975
superintendent finds, after giving a notification of withdrawal, 1,976
habitual absence without legitimate excuse, suspension, or 1,977
expulsion to the registrar and the juvenile judge under division 1,978
(B)(1), (2), or (3), OR (4) of this section, that the 1,979
notification was given in error, the superintendent immediately 1,981
shall notify the registrar and the juvenile judge of that fact. 1,982
Sec. 4507.061. (A) The registrar of motor vehicles shall 1,991
record within ten days of receipt and keep at the main office of 1,992
the bureau of motor vehicles all information provided to him THE 1,993
REGISTRAR by the superintendent of a school district in 1,995
accordance with division (B) of section 3321.13 of the Revised 1,996
Code.
(B) Whenever the registrar receives a notice under 1,998
division (B) of section 3321.13 of the Revised Code, he THE 1,999
REGISTRAR shall suspend the temporary instruction permit or 2,001
47
driver's license of the person who is the subject of the notice 2,002
or, if the person has not been issued such a permit or license, 2,004
the registrar shall deny to the person the issuance of a 2,005
temporary instruction permit or driver's license. The 2,007
requirements of the second paragraph of section 119.06 of the 2,009
Revised Code do not apply to a suspension of a person's temporary 2,010
instruction permit or driver's license or a denial of a person's 2,012
opportunity to obtain a temporary instruction permit or driver's 2,013
license by the registrar under this division. 2,014
(C) Upon suspending the temporary instruction permit or 2,016
driver's license of any person or denying any person the 2,017
opportunity to be issued such a license or permit as provided in 2,018
division (B) of this section, the registrar immediately shall 2,019
notify the person in writing of the suspension or denial and 2,020
inform him THE PERSON that he THE PERSON may petition for a 2,022
hearing as provided in division (E) of this section. 2,023
(D) Any person whose permit or license is suspended under 2,025
this section shall mail or deliver his THE PERSON'S permit or 2,026
license to the registrar of motor vehicles within twenty days of 2,028
notification of the suspension; however, the person's permit or 2,030
license and his THE PERSON'S driving privileges shall be 2,032
suspended immediately upon receipt of the notification. The 2,034
registrar may retain the permit or license during the period of 2,035
the suspension or he THE REGISTRAR may destroy it under section 2,037
4507.54 of the Revised Code. Any such suspension of a person's 2,038
permit or license or denial of a person's opportunity to obtain a 2,039
permit or license under this section shall remain in effect until 2,040
the person attains eighteen years of age or until it is 2,042
terminated prior to the child's attainment of that age pursuant 2,043
to division (F) of this section.
(E) Any person whose temporary instruction permit or 2,045
driver's license has been suspended, or whose opportunity to 2,046
obtain such a permit or license has been denied pursuant to this 2,047
section, may file a petition in the juvenile court in whose 2,048
48
jurisdiction the person resides alleging error in the action 2,049
taken by the registrar of motor vehicles under division (B) of 2,050
this section or alleging one or more of the matters within the 2,051
scope of the hearing, as described in this division, or both. The 2,053
petitioner shall notify the registrar and the superintendent of 2,054
the school district who gave the notice to the registrar and
juvenile judge under division (B) of section 3321.13 of the 2,055
Revised Code of the filing of the petition and send them copies 2,056
of the petition. The scope of the hearing is limited to the 2,057
issues of whether the notice given by the superintendent to the 2,058
registrar was in error and whether the suspension or denial of 2,059
driving privileges will result in substantial hardship to the 2,060
petitioner. 2,061
The registrar shall furnish the court a copy of the record 2,063
created in accordance with division (A) of this section. The 2,064
registrar and the superintendent shall furnish the court with any 2,065
other relevant information required by the court. 2,066
In hearing the matter and determining whether the 2,068
petitioner has shown that his THE PETITIONER'S temporary 2,069
instruction permit or driver's license should not be suspended or 2,071
that his THE PETITIONER'S opportunity to obtain such a permit or 2,073
license should not be denied, the court shall decide the issue 2,074
upon the information furnished by the registrar and the 2,075
superintendent and any such additional evidence that the 2,076
registrar, the superintendent, or the petitioner submits. 2,077
If the court finds from the evidence submitted that the 2,079
petitioner has failed to show error in the action taken by the 2,080
registrar under division (B) of this section and has failed to 2,081
prove any of the matters within the scope of the hearing, then 2,082
the court may assess the cost of the proceeding against the 2,083
petitioner and shall uphold the suspension of his THE 2,084
PETITIONER'S permit or license or the denial of his THE 2,086
PETITIONER'S opportunity to obtain a permit or license. If the 2,088
court finds that the petitioner has shown error in the action 2,089
49
taken by the registrar under division (B) of this section or has 2,090
proved one or more of the matters within the scope of the 2,091
hearing, or both, the cost of the proceeding shall be paid out of 2,092
the county treasury of the county in which the proceedings were 2,093
held, and the suspension of the petitioner's permit or license or 2,094
the denial of the person's opportunity to obtain a permit or 2,095
license shall be terminated.
(F) The registrar shall cancel the record created under 2,097
this section of any person who is the subject of a notice given 2,098
under division (B) of section 3321.13 of the Revised Code and 2,099
shall terminate the suspension of the person's permit or license 2,100
or the denial of the person's opportunity to obtain a permit or 2,101
license, if any of the following applies: 2,102
(1) The person is at least eighteen years of age. 2,104
(2) The person provides evidence, as the registrar shall 2,106
require by rule, of receipt of a high school diploma or a general 2,107
educational development certificate of high school equivalence. 2,108
(3) The superintendent of a school district informs the 2,110
registrar that the notification of withdrawal, habitual absence 2,111
without legitimate excuse, suspension, or expulsion concerning 2,112
the person was in error. 2,113
(4) The suspension or denial was imposed subsequent to a 2,115
notification given under division (B)(3) OR (4) of section 2,116
3321.13 of the Revised Code, and the superintendent of a school 2,117
district informs the registrar that the person in question has 2,118
satisfied any terms or conditions established by the school as 2,119
necessary to terminate the suspension or denial of driving 2,120
privileges.
(5) The suspension or denial was imposed subsequent to a 2,122
notification given under division (B)(1) of section 3321.13 of 2,123
the Revised Code, and the superintendent of a school district 2,124
informs the registrar that the person in question is now 2,125
attending school or enrolled in and attending an approved program 2,126
to obtain a diploma or its equivalent to the satisfaction of the 2,127
50
school superintendent. 2,128
(6) The suspension or denial was imposed subsequent to a 2,130
notification given under division (B)(2) of section 3321.13 of 2,131
the Revised Code, the person has completed at least one semester 2,132
or term of school after the one in which the notification was 2,133
given, the person requests the superintendent of the school 2,134
district to notify the registrar that the person no longer is 2,135
habitually absent without legitimate excuse, the superintendent 2,136
determines that the person has not been absent from school 2,137
without legitimate excuse in the current semester or term, as 2,138
determined under that division, for more than ten consecutive 2,139
school days or for more than fifteen total school days, and the 2,140
superintendent informs the registrar of that fact. If a person 2,141
described in division (F)(6) of this section requests the 2,142
superintendent of the school district to notify the registrar 2,143
that the person no longer is habitually absent without legitimate 2,145
excuse and the superintendent makes the determination described 2,146
in this division, the superintendent shall provide the 2,147
information described in division (F)(6) of this section to the 2,149
registrar within five days after receiving the request.
(7) The suspension or denial was imposed subsequent to a 2,151
notification given under division (B)(2) of section 3321.13 of 2,152
the Revised Code, and the superintendent of a school district 2,153
informs the registrar that the person in question has received an 2,155
age and schooling certificate in accordance with section 3331.01 2,156
of the Revised Code. 2,157
(8) The person filed a petition in court under division 2,159
(E) of this section and the court found that the person showed 2,160
error in the action taken by the registrar under division (B) of 2,161
this section or proved one or more of the matters within the 2,162
scope of the hearing on the petition, as set forth in division 2,163
(E) of this section, or both. 2,164
At the end of the suspension period under this section and 2,166
upon the request of the person whose temporary instruction permit 2,168
51
or driver's license was suspended, the registrar shall return the 2,170
driver's license or permit to the person or reissue the person's 2,171
license or permit under section 4507.54 of the Revised Code, if 2,172
the registrar destroyed the suspended license or permit under 2,173
that section. 2,174
Section 2. That existing sections 2901.01, 2903.13, 2,176
2917.11, 2923.122, 2923.161, 2929.14, 3313.66, 3313.661, 2,178
3313.664, 3321.13, and 4507.061 of the Revised Code are hereby 2,179
repealed.
Section 3. Section 2923.122 of the Revised Code is 2,181
presented in this act as a composite of the section as amended by 2,182
both Am. Sub. H.B. 72 and Am. Sub. H.B. 124 of the 121st General 2,183
Assembly, with the new language of neither of the acts shown in 2,184
capital letters. This is in recognition of the principle stated 2,185
in division (B) of section 1.52 of the Revised Code that such 2,186
amendments are to be harmonized where not substantively 2,187
irreconcilable and constitutes a legislative finding that such is 2,188
the resulting version in effect prior to the effective date of 2,189
this act.