As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 1 5
1999-2000 6
SENATORS GARDNER-KEARNS-OELSLAGER-CUPP-MUMPER-SCHAFRATH-PRENTISS- 8
DRAKE-WATTS-RAY-LATTA-CARNES-ARMBRUSTER-WHITE-HOTTINGER- 9
HERINGTON-SPADA-LATELL 10
_________________________________________________________________ 12
A B I L L
To amend sections 2901.01, 2903.13, 2917.11, 14
2923.122, 2923.161, 2929.14, 3313.66, 3313.661, 16
3313.664, 3321.13, and 4507.061 and to enact
sections 2941.143, 3313.536, and 3318.031 of the 18
Revised Code to require each school district 20
board of education to adopt a comprehensive
school safety plan for each building in the 21
district; to require the Ohio School Facilities
Commission to consider student and staff safety 22
when reviewing design plans for classroom 23
facility construction projects; to define "school
safety zone" for purposes of the Criminal Code; 24
to substitute "school safety zone" for "school," 25
"school premises," and similar terms used to 26
define certain offenses or enhance their
penalties; to enhance the penalty for any felony 27
offense of violence committed in a school safety 28
zone or towards a person in a school safety zone;
to require a school district superintendent to 30
expel a pupil who has committed an act warranting
expulsion even if the pupil withdraws from the 33
school before the superintendent has conducted an 34
expulsion hearing or has made the decision to 35
expel the pupil; to permit a school district 37
board to adopt a policy authorizing the
superintendent to expel for up to one year any 38
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pupil who has committed an act at school or on 39
other school property that is a criminal offense 40
if committed by an adult and that results in
serious physical harm to either persons or 41
property; to prohibit a student from having a 42
driver's license or permit if the student has
been disciplined by a school district for 43
misconduct involving a weapon; and to make other
revisions to the school discipline laws. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 2901.01, 2903.13, 2917.11, 49
2923.122, 2923.161, 2929.14, 3313.66, 3313.661, 3313.664, 51
3321.13, and 4507.061 be amended and sections 2941.143, 3313.536, 52
and 3318.031 of the Revised Code be enacted to read as follows: 54
Sec. 2901.01. (A) As used in the Revised Code: 63
(1) "Force" means any violence, compulsion, or constraint 65
physically exerted by any means upon or against a person or 66
thing. 67
(2) "Deadly force" means any force that carries a 69
substantial risk that it will proximately result in the death of 70
any person. 71
(3) "Physical harm to persons" means any injury, illness, 73
or other physiological impairment, regardless of its gravity or 74
duration. 75
(4) "Physical harm to property" means any tangible or 77
intangible damage to property that, in any degree, results in 78
loss to its value or interferes with its use or enjoyment. 79
"Physical harm to property" does not include wear and tear 80
occasioned by normal use. 81
(5) "Serious physical harm to persons" means any of the 83
following: 84
(a) Any mental illness or condition of such gravity as 86
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would normally require hospitalization or prolonged psychiatric 87
treatment; 88
(b) Any physical harm that carries a substantial risk of 90
death; 91
(c) Any physical harm that involves some permanent 93
incapacity, whether partial or total, or that involves some 94
temporary, substantial incapacity; 95
(d) Any physical harm that involves some permanent 97
disfigurement or that involves some temporary, serious 98
disfigurement; 99
(e) Any physical harm that involves acute pain of such 101
duration as to result in substantial suffering or that involves 102
any degree of prolonged or intractable pain. 103
(6) "Serious physical harm to property" means any physical 105
harm to property that does either of the following: 106
(a) Results in substantial loss to the value of the 108
property or requires a substantial amount of time, effort, or 109
money to repair or replace; 110
(b) Temporarily prevents the use or enjoyment of the 112
property or substantially interferes with its use or enjoyment 113
for an extended period of time. 114
(7) "Risk" means a significant possibility, as contrasted 116
with a remote possibility, that a certain result may occur or 117
that certain circumstances may exist. 118
(8) "Substantial risk" means a strong possibility, as 120
contrasted with a remote or significant possibility, that a 121
certain result may occur or that certain circumstances may exist. 122
(9) "Offense of violence" means any of the following: 124
(a) A violation of section 2903.01, 2903.02, 2903.03, 126
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 127
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 128
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 129
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 130
division (A)(1), (2), or (3) of section 2911.12 of the Revised 131
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Code or felonious sexual penetration in violation of former 132
section 2907.12 of the Revised Code; 133
(b) A violation of an existing or former municipal 135
ordinance or law of this or any other state or the United States, 136
substantially equivalent to any section, division, or offense 138
listed in division (A)(9)(a) of this section; 139
(c) An offense, other than a traffic offense, under an 141
existing or former municipal ordinance or law of this or any 142
other state or the United States, committed purposely or 143
knowingly, and involving physical harm to persons or a risk of 144
serious physical harm to persons; 145
(d) A conspiracy or attempt to commit, or complicity in 147
committing, any offense under division (A)(9)(a), (b), or (c) of 149
this section.
(10)(a) "Property" means any property, real or personal, 152
tangible or intangible, and any interest or license in that 153
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 154
telecommunications devices, information service, computers, data, 155
computer software, financial instruments associated with 157
computers, other documents associated with computers, or copies 158
of the documents, whether in machine or human readable form, 159
trade secrets, trademarks, copyrights, patents, and property 160
protected by a trademark, copyright, or patent. "Financial 161
instruments associated with computers" include, but are not 162
limited to, checks, drafts, warrants, money orders, notes of 163
indebtedness, certificates of deposit, letters of credit, bills 164
of credit or debit cards, financial transaction authorization 165
mechanisms, marketable securities, or any computer system 166
representations of any of them. 167
(b) As used in division (A)(10) of this section, "trade 170
secret" has the same meaning as in section 1333.61 of the Revised 171
Code, and "telecommunications . service" and "information 172
service" have the same meanings as in section 2913.01 of the 174
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Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, 177
"cable television service," "computer," "computer software," 178
"computer system," "computer network," "data," and 179
"telecommunications device" have the same meanings as in section 180
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 182
(a) A sheriff, deputy sheriff, constable, police officer 184
of a township or joint township police district, marshal, deputy 185
marshal, municipal police officer, member of a police force 186
employed by a metropolitan housing authority under division (D) 187
of section 3735.31 of the Revised Code, or state highway patrol 188
trooper; 189
(b) An officer, agent, or employee of the state or any of 191
its agencies, instrumentalities, or political subdivisions, upon 192
whom, by statute, a duty to conserve the peace or to enforce all 193
or certain laws is imposed and the authority to arrest violators 194
is conferred, within the limits of that statutory duty and 195
authority; 196
(c) A mayor, in the mayor's capacity as chief conservator 198
of the peace within the mayor's municipal corporation; 199
(d) A member of an auxiliary police force organized by 201
county, township, or municipal law enforcement authorities, 202
within the scope of the member's appointment or commission; 203
(e) A person lawfully called pursuant to section 311.07 of 205
the Revised Code to aid a sheriff in keeping the peace, for the 206
purposes and during the time when the person is called; 207
(f) A person appointed by a mayor pursuant to section 209
737.01 of the Revised Code as a special patrolling officer during 211
riot or emergency, for the purposes and during the time when the 212
person is appointed;
(g) A member of the organized militia of this state or the 214
armed forces of the United States, lawfully called to duty to aid 215
civil authorities in keeping the peace or protect against 216
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domestic violence; 217
(h) A prosecuting attorney, assistant prosecuting 219
attorney, secret service officer, or municipal prosecutor; 220
(i) An Ohio veterans' home police officer appointed under 222
section 5907.02 of the Revised Code; 223
(j) A member of a police force employed by a regional 225
transit authority under division (Y) of section 306.35 of the 226
Revised Code.
(12) "Privilege" means an immunity, license, or right 228
conferred by law, bestowed by express or implied grant, arising 230
out of status, position, office, or relationship, or growing out 231
of necessity.
(13) "Contraband" means any property described in the 233
following categories: 234
(a) Property that in and of itself is unlawful for a 236
person to acquire or possess; 237
(b) Property that is not in and of itself unlawful for a 239
person to acquire or possess, but that has been determined by a 240
court of this state, in accordance with law, to be contraband 241
because of its use in an unlawful activity or manner, of its 242
nature, or of the circumstances of the person who acquires or 243
possesses it, including, but not limited to, goods and personal 244
property described in division (D) of section 2913.34 of the 245
Revised Code;
(c) Property that is specifically stated to be contraband 247
by a section of the Revised Code or by an ordinance, regulation, 248
or resolution; 249
(d) Property that is forfeitable pursuant to a section of 251
the Revised Code, or an ordinance, regulation, or resolution, 252
including, but not limited to, forfeitable firearms, dangerous 253
ordnance, obscene materials, and goods and personal property 255
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 257
3719.01 of the Revised Code, or any device, paraphernalia, money 258
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as defined in section 1301.01 of the Revised Code, or other means 259
of exchange that has been, is being, or is intended to be used in 260
an attempt or conspiracy to violate, or in a violation of, 261
Chapter 2925. or 3719. of the Revised Code; 262
(f) Any gambling device, paraphernalia, money as defined 264
in section 1301.01 of the Revised Code, or other means of 265
exchange that has been, is being, or is intended to be used in an 266
attempt or conspiracy to violate, or in the violation of, Chapter 267
2915. of the Revised Code; 268
(g) Any equipment, machine, device, apparatus, vehicle, 270
vessel, container, liquid, or substance that has been, is being, 271
or is intended to be used in an attempt or conspiracy to violate, 272
or in the violation of, any law of this state relating to alcohol 273
or tobacco; 274
(h) Any personal property that has been, is being, or is 276
intended to be used in an attempt or conspiracy to commit, or in 277
the commission of, any offense or in the transportation of the 278
fruits of any offense; 279
(i) Any property that is acquired through the sale or 281
other transfer of contraband or through the proceeds of 282
contraband, other than by a court or a law enforcement agency 283
acting within the scope of its duties; 284
(j) Any computer, computer system, computer network, 286
computer software, or other telecommunications device that is 287
used in a conspiracy to commit, an attempt to commit, or the 289
commission of any offense, if the owner of the computer, computer 290
system, computer network, computer software, or other 291
telecommunications device is convicted of or pleads guilty to the 292
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 294
relative to a charge of an offense only if the person proves, in 295
the manner specified in section 2901.05 of the Revised Code, that 296
at the time of the commission of the offense, the person did not 297
know, as a result of a severe mental disease or defect, the 298
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wrongfulness of the person's acts. 299
(B)(1)(a) Subject to division (B)(2) of this section, as 302
used in any section contained in Title XXIX of the Revised Code 303
that sets forth a criminal offense, "person" includes all of the 304
following:
(i) An individual, corporation, business trust, estate, 306
trust, partnership, and association; 307
(ii) An unborn human who is viable. 309
(b) As used in any section contained in Title XXIX of the 312
Revised Code that does not set forth a criminal offense, "person" 313
includes an individual, corporation, business trust, estate, 314
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 316
(i) "Unborn human" means an individual organism of the 318
species homo sapiens from fertilization until live birth. 319
(ii) "Viable" means the stage of development of a human 322
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 323
temporary artificial life-sustaining support. 324
(2) Notwithstanding division (B)(1)(a) of this section, in 326
no case shall the portion of the definition of the term "person" 327
that is set forth in division (B)(1)(a)(ii) of this section be 328
applied or construed in any section contained in Title XXIX of 329
the Revised Code that sets forth a criminal offense in any of the 330
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 332
this section, in a manner so that the offense prohibits or is 333
construed as prohibiting any pregnant woman or her physician from 334
performing an abortion with the consent of the pregnant woman, 335
with the consent of the pregnant woman implied by law in a 336
medical emergency, or with the approval of one otherwise 337
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 338
described in the immediately preceding sentence may be punished 339
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as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 340
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 341
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 342
An abortion that does not violate the conditions described in the 343
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 344
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 345
as a violation of section 2919.12, division (B) of section 346
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 347
Code, as applicable. Consent is sufficient under this division 348
if it is of the type otherwise adequate to permit medical 349
treatment to the pregnant woman, even if it does not comply with 350
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 353
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 354
results in any of the following: 355
(i) Her delivery of a stillborn baby; 357
(ii) Her causing, in any other manner, the death in utero 360
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 363
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 364
(iv) Her causing her child who is born alive to sustain 367
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 370
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 371
or a mental illness or condition, regardless of its duration or 372
gravity, to a viable, unborn human that she is carrying. 373
(C) AS USED IN TITLE XXIX OF THE REVISED CODE: 379
(1) "SCHOOL SAFETY ZONE" CONSISTS OF A SCHOOL, SCHOOL 382
BUILDING, SCHOOL PREMISES, SCHOOL ACTIVITY, AND SCHOOL BUS. 383
(2) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" 385
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HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE. 386
(3) "SCHOOL ACTIVITY" MEANS ANY ACTIVITY HELD UNDER THE 388
AUSPICES OF A BOARD OF EDUCATION OF A CITY, LOCAL, COUNTY, 389
EXEMPTED VILLAGE, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION 390
SCHOOL DISTRICT OR THE GOVERNING BODY OF A SCHOOL FOR WHICH THE 391
STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER 392
SECTION 3301.07 OF THE REVISED CODE. 394
(4) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 396
4511.01 OF THE REVISED CODE. 398
Sec. 2903.13. (A) No person shall knowingly cause or 407
attempt to cause physical harm to another or to another's unborn. 408
(B) No person shall recklessly cause serious physical harm 410
to another or to another's unborn. 411
(C) Whoever violates this section is guilty of assault. 413
Except as otherwise provided in division (C)(1), (2), or (3) of 414
this section, assault is a misdemeanor of the first degree. 416
(1) Except as otherwise provided in this division, if the 418
offense is committed by a caretaker against a functionally 420
impaired person under the caretaker's care, assault is a felony 421
of the fourth degree. If the offense is committed by a caretaker 422
against a functionally impaired person under the caretaker's 423
care, if the offender previously has been convicted of or pleaded 425
guilty to a violation of this section or section 2903.11 or 426
2903.16 of the Revised Code, and if in relation to the previous 427
conviction the offender was a caretaker and the victim was a 428
functionally impaired person under the offender's care, assault 429
is a felony of the third degree. 430
(2) If the offense is committed in any of the following 432
circumstances, assault is a felony of the fifth degree: 433
(a) The offense occurs in or on the grounds of a state 435
correctional institution or an institution of the department of 436
youth services, the victim of the offense is an employee of the 437
department of rehabilitation and correction, the department of 438
youth services, or a probation department or is on the premises 439
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of the particular institution for business purposes or as a 440
visitor, and the offense is committed by a person incarcerated in 441
the state correctional institution, by a person institutionalized 442
in the department of youth services institution pursuant to a 443
commitment to the department of youth services, by a probationer 445
or parolee, by an offender under transitional control, under a 447
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 450
type of supervision by a government agency;. 451
(b) The offense occurs in or on the grounds of a local 453
correctional facility, the victim of the offense is an employee 454
of the local correctional facility or a probation department or 455
is on the premises of the facility for business purposes or as a 456
visitor, and the offense is committed by a person who is under 457
custody in the facility subsequent to the person's arrest for any 458
crime or delinquent act, subsequent to the person's being charged 460
with or convicted of any crime, or subsequent to the person's 462
being alleged to be or adjudicated a delinquent child. 463
(c) The offense occurs off the grounds of a state 465
correctional institution and off the grounds of an institution of 466
the department of youth services, the victim of the offense is an 467
employee of the department of rehabilitation and correction, the 468
department of youth services, or a probation department, the 469
offense occurs during the employee's official work hours and 470
while the employee is engaged in official work responsibilities, 471
and the offense is committed by a person incarcerated in a state 473
correctional institution or institutionalized in the department 474
of youth services who temporarily is outside of the institution 475
for any purpose, by a probationer or parolee, by an offender 477
under transitional control, under a community control sanction, 478
or on an escorted visit, by a person under post-release control, 479
or by an offender under any other type of supervision by a 480
government agency.
(d) The offense occurs off the grounds of a local 482
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correctional facility, the victim of the offense is an employee 483
of the local correctional facility or a probation department, the 484
offense occurs during the employee's official work hours and 485
while the employee is engaged in official work responsibilities, 486
and the offense is committed by a person who is under custody in 487
the facility subsequent to the person's arrest for any crime or 488
delinquent act, subsequent to the person being charged with or 489
convicted of any crime, or subsequent to the person being alleged 490
to be or adjudicated a delinquent child and who temporarily is 492
outside of the facility for any purpose or by a probationer or 493
parolee, by an offender under transitional control, under a 494
community control sanction, or on an escorted visit, by a person 495
under post-release control, or by an offender under any other 496
type of supervision by a government agency. 497
(e) The victim of the offense is a school teacher or 499
administrator or a school bus operator, and the offense occurs on 500
IN A school premises, in a school building, on a school bus, or 502
while the victim is outside of school premises or a school bus 503
and is ingaged in duties or official responsibilities associated 505
with the victim's employement or position as a school teacher or 506
administrator or a school bus operator, including, but not 507
limited to, driving, accompanying, or chaperoning students at or 508
on class or field trips, athletic events, or other school 509
extracurricular activities or functions outide of school premises 510
SAFETY ZONE.
(3) If the victim of the offense is a peace officer, a 512
fire fighter FIREFIGHTER, or a person performing emergency 513
medical service, while in the performance of their official 515
duties, assault is a felony of the fourth degree. 516
(4) As used in this section: 518
(a) "Peace officer" has the same meaning as in section 520
2935.01 of the Revised Code. 521
(b) "Fire fighter FIREFIGHTER" has the same meaning as in 523
section 3937.41 of the Revised Code. 525
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(c) "Emergency medical service" has the same meaning as in 527
section 4765.01 of the Revised Code. 528
(d) "Local correctional facility" means a county, 530
multicounty, municipal, municipal-county, or 531
multicounty-municipal jail or workhouse, a minimum security jail 533
established under section 341.23 or 753.21 of the Revised Code, 534
or another county, multicounty, municipal, municipal-county, or 535
multicounty-municipal facility used for the custody of persons 536
arrested for any crime or delinquent act, persons charged with or 537
convicted of any crime, or persons alleged to be or adjudicated a 538
delinquent child.
(e) "Employee of a local correctional facility" means a 540
person who is an employee of the political subdivision or of one 541
or more of the affiliated political subdivisions that operates 542
the local correctional facility and who operates or assists in 543
the operation of the facility. 544
(f) "School," "school building," and "school premises" 546
have the same meanings as in section 2925.01 of the Revised Code. 548
(g) "School teacher or administrator" means either of the 550
following:
(i) A person who is employed in the public schools of the 552
state under a contract described in section 3319.08 of the 553
Revised Code in a position in which the person is required to 554
have a certificate issued pursuant to sections 3319.22 to 555
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 557
which the state board of education prescribes minimum standards 558
under section 3301.07 of the Revised Code and who is certificated 559
in accordance with section 3301.071 of the Revised Code. 560
(h) "School bus" has the same meaning as in section 562
4511.01 of the Revised Code. 563
(i)(g) "Community control sanction" has the same meaning 565
as in section 2929.01 of the Revised Code. 567
(j)(h) "Escorted visit" means an escorted visit granted 569
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under section 2967.27 of the Revised Code. 570
(k)(i) "Post-release control" and "transitional control" 572
have the same meanings as in section 2967.01 of the Revised Code. 574
Sec. 2917.11. (A) No person shall recklessly cause 583
inconvenience, annoyance, or alarm to another, by doing any of 584
the following: 585
(1) Engaging in fighting, in threatening harm to persons 587
or property, or in violent or turbulent behavior; 588
(2) Making unreasonable noise or an offensively coarse 590
utterance, gesture, or display, or communicating unwarranted and 591
grossly abusive language to any person; 592
(3) Insulting, taunting, or challenging another, under 594
circumstances in which such conduct is likely to provoke a 595
violent response; 596
(4) Hindering or preventing the movement of persons on a 598
public street, road, highway, or right-of-way, or to, from, 599
within, or upon public or private property, so as to interfere 600
with the rights of others, and by any act that serves no lawful 602
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to 604
persons or that presents a risk of physical harm to persons or 606
property, by any act that serves no lawful and reasonable purpose 607
of the offender.
(B) No person, while voluntarily intoxicated, shall do 609
either of the following: 610
(1) In a public place or in the presence of two or more 612
persons, engage in conduct likely to be offensive or to cause 613
inconvenience, annoyance, or alarm to persons of ordinary 614
sensibilities, which conduct the offender, if the offender were 616
not intoxicated, should know is likely to have that effect on 617
others; 618
(2) Engage in conduct or create a condition that presents 620
a risk of physical harm to the offender or another, or to the 622
property of another.
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(C) Violation of any statute or ordinance of which an 624
element is operating a motor vehicle, locomotive, watercraft, 625
aircraft, or other vehicle while under the influence of alcohol 626
or any drug of abuse, is not a violation of division (B) of this 627
section. 628
(D) When to an ordinary observer a person appears to be 630
intoxicated, it is probable cause to believe that person is 631
voluntarily intoxicated for purposes of division (B) of this 632
section. 633
(E) Whoever violates this section is guilty of disorderly 635
conduct. Except as otherwise provided in this division, 636
disorderly conduct is a minor misdemeanor. If the offender 638
persists in disorderly conduct after reasonable warning or
request to desist or if the offense is committed in the vicinity 639
of a school OR IN A SCHOOL SAFETY ZONE, disorderly conduct is a 641
misdemeanor of the fourth degree.
(F) As used in this section, "committed in the vicinity of 643
a school" has the same meaning as in section 2925.01 of the 645
Revised Code.
Sec. 2923.122. (A) No person shall knowingly convey, or 659
attempt to convey, a deadly weapon or dangerous ordnance onto 661
school premises, into a school or school building, to a school 662
activity, or onto a school bus SAFETY ZONE. 663
(B) No person shall knowingly possess a deadly weapon or 665
dangerous ordnance on school premises, in a school or school 666
building, at a school activity, or on a school bus SAFETY ZONE. 668
(C) No person shall knowingly possess an object on school 671
premises, in a school or school building, at a school activity, 672
or on a school bus SAFETY ZONE if both of the following apply: 674
(1) The object is indistinguishable from a firearm, 676
whether or not the object is capable of being fired. 677
(2) The person indicates that the person possesses the 680
object and that it is a firearm, or the person knowingly displays 681
or brandishes the object and indicates that it is a firearm. 682
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(D) This section does not apply to officers, agents, or 684
employees of this or any other state or the United States, or to 685
law enforcement officers, authorized to carry deadly weapons or 686
dangerous ordnance and acting within the scope of their duties, 687
to any security officer employed by a board of education or 688
governing body of a school during the time that the security 689
officer is on duty pursuant to that contract of employment, or to 690
any other person who has written authorization from the board of 691
education or governing body of a school to convey deadly weapons 692
or dangerous ordnance onto school premises, into a school or 694
school building, to a school activity, or onto a school bus
SAFETY ZONE or to possess a deadly weapon or dangerous ordnance 696
on school premises, in a school or school building, at a school 697
activity, or on a school bus SAFETY ZONE and who conveys or 699
possesses the deadly weapon or dangerous ordnance in accordance
with that authorization. 700
Division (C) of this section does not apply to premises 703
upon which home schooling is conducted. Division (C) of this 704
section also does not apply to a school administrator, teacher,
or employee who possesses an object that is indistinguishable 705
from a firearm for legitimate school purposes during the course 706
of employment, a student who uses an object that is 707
indistinguishable from a firearm under the direction of a school 708
administrator, teacher, or employee, or any other person who with
the express prior approval of a school administrator possesses an 710
object that is indistinguishable from a firearm for a legitimate
purpose, including the use of the object in a ceremonial 711
activity, a play, reenactment, or other dramatic presentation, or 712
a ROTC activity or another similar use of the object. 713
(E)(1) Whoever violates division (A) or (B) of this 716
section is guilty of illegal conveyance or possession of a deadly 717
weapon or dangerous ordnance on IN A school premises SAFETY ZONE. 719
Except as otherwise provided in this division, illegal conveyance 720
or possession of a deadly weapon or dangerous ordnance on IN A 722
17
school premises SAFETY ZONE is a felony of the fifth degree. If 723
the offender previously has been convicted of a violation of this 725
section, illegal conveyance or possession of a deadly weapon or 727
dangerous ordnance on IN A school premises SAFETY ZONE is a 728
felony of the fourth degree. 729
(2) Whoever violates division (C) of this section is 731
guilty of illegal possession of an object indistinguishable from 732
a firearm on IN A school premises SAFETY ZONE. Except as 735
otherwise provided in this division, illegal possession of an 737
object indistinguishable from a firearm on IN A school premises 738
SAFETY ZONE is a misdemeanor of the first degree. If the 739
offender previously has been convicted of a violation of this 740
section, illegal possession of an object indistinguishable from a 741
firearm on IN A school premises SAFETY ZONE is a felony of the 742
fifth degree. 743
(E)(F)(1) In addition to any other penalty imposed upon a 745
person who is convicted of or pleads guilty to a violation of 748
this section and subject to division (E)(F)(2) of this section, 750
if the offender has not attained nineteen years of age, 751
regardless of whether the offender is attending or is enrolled in 752
a school operated by a board of education or for which the state 753
board of education prescribes minimum standards under section 754
3301.07 of the Revised Code, the court shall impose upon the 755
offender whichever of the following penalties applies: 756
(a) If the offender has been issued a probationary 758
driver's license, restricted license, driver's license, or 759
probationary commercial driver's license that then is in effect, 760
the court shall suspend for a period of not less than twelve 762
months and not more than thirty-six months that license of the 763
offender.
(b) If the offender has been issued a temporary 765
instruction permit that then is in effect, the court shall revoke 767
it and deny the offender the issuance of another temporary 768
instruction permit, and the period of denial shall be for not 769
18
less than twelve months and not more than thirty-six months.
(c) If the offender has been issued a commercial driver's 772
license temporary instruction permit that then is in effect, the 773
court shall suspend the offender's driver's license, revoke the 774
commercial driver's license temporary instruction permit, and 775
deny the offender the issuance of another commercial driver's 777
license temporary instruction permit, and the period of 778
suspension plus the period of denial shall total not less than
twelve months and not more than thirty-six months. 779
(d) If, on the date the court imposes sentence upon the 781
offender for a violation of this section, the offender has not 784
been issued any type of license that then is in effect to operate 785
a motor vehicle in this state or a temporary instruction permit 787
that then is in effect, the court shall deny the offender the 788
issuance of a temporary instruction permit for a period of not 789
less than twelve months and not more than thirty-six months.
(e) If the offender is not a resident of this state, the 791
court shall suspend for a period of not less than twelve months 792
and not more than thirty-six months the nonresident operating 793
privilege of the offender.
(2) If the offender shows good cause why the court should 795
not suspend or revoke one of the types of licenses, permits or 796
privileges specified in division (E)(F)(1) of this section or 798
deny the issuance of one of the temporary instruction permits 800
specified in that division, the court in its discretion may 801
choose not to impose the suspension, revocation, or denial
required in that division. 802
(F)(G) As used in this section: 804
(1) "School," "school building," and "school premises" 806
have the same meanings as in section 2925.01 of the Revised Code. 807
(2) "School activity" means any activity held under the 809
auspices of a board of education of a city, local, county, 810
exempted village, joint vocational, or cooperative education 811
school district or the governing body of a school for which the 812
19
state board of education prescribes minimum standards under 813
section 3301.07 of the Revised Code.
(3) "School bus" has the same meaning as in section 815
4511.01 of the Revised Code. 816
(4) "Object, "OBJECT that is indistinguishable from a 819
firearm" means an object made, constructed, or altered so that, 821
to a reasonable person without specialized training in firearms, 822
the object appears to be a firearm.
Sec. 2923.161. (A) No person, without privilege to do so, 831
shall knowingly discharge DO EITHER OF THE FOLLOWING: 832
(1) DISCHARGE a firearm at or into an occupied structure 835
that is a permanent or temporary habitation of any individual or; 836
(2) DISCHARGE A FIREARM AT, IN, OR INTO a school SAFETY 838
ZONE.
(B) This section does not apply to any officer, agent, or 840
employee of this or any other state or the United States, or to 841
any law enforcement officer, who discharges the firearm while 842
acting within the scope of the officer's, agent's, or employee's 843
duties.
(C) Whoever violates this section is guilty of improperly 845
discharging a firearm at or into a habitation or IN A school 846
SAFETY ZONE, a felony of the second degree. 848
(D) As used in this section, "occupied structure" has the 850
same meaning as in section 2909.01 of the Revised Code. 851
Sec. 2929.14. (A) Except as provided in division (C), 861
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 862
relation to an offense for which a sentence of death or life 863
imprisonment is to be imposed, if the court imposing a sentence 864
upon an offender for a felony elects or is required to impose a 865
prison term on the offender pursuant to this chapter and is not 866
prohibited by division (G)(1) of section 2929.13 of the Revised 867
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 869
(1) For a felony of the first degree, the prison term 871
20
shall be three, four, five, six, seven, eight, nine, or ten 872
years. 873
(2) For a felony of the second degree, the prison term 875
shall be two, three, four, five, six, seven, or eight years. 876
(3) For a felony of the third degree, the prison term 878
shall be one, two, three, four, or five years. 879
(4) For a felony of the fourth degree, the prison term 881
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 882
fourteen, fifteen, sixteen, seventeen, or eighteen months. 883
(5) For a felony of the fifth degree, the prison term 885
shall be six, seven, eight, nine, ten, eleven, or twelve months. 887
(B) Except as provided in division (C), (D)(2), (D)(3), or 890
(G) of this section, in section 2907.02 of the Revised Code, or 891
in Chapter 2925. of the Revised Code, if the court imposing a 893
sentence upon an offender for a felony elects or is required to 894
impose a prison term on the offender and if the offender 895
previously has not served a prison term, the court shall impose 896
the shortest prison term authorized for the offense pursuant to 897
division (A) of this section, unless the court finds on the 898
record that the shortest prison term will demean the seriousness 899
of the offender's conduct or will not adequately protect the 900
public from future crime by the offender or others. 901
(C) Except as provided in division (G) of this section or 903
in Chapter 2925. of the Revised Code, the court imposing a 904
sentence upon an offender for a felony may impose the longest 905
prison term authorized for the offense pursuant to division (A) 906
of this section only upon offenders who committed the worst forms 907
of the offense, upon offenders who pose the greatest likelihood 908
of committing future crimes, upon certain major drug offenders 909
under division (D)(3) of this section, and upon certain repeat 910
violent offenders in accordance with division (D)(2) of this 912
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 914
this section, if an offender who is convicted of or pleads guilty 915
21
to a felony also is convicted of or pleads guilty to a 916
specification of the type described in section 2941.144 of the 917
Revised Code that charges the offender with having a firearm that 919
is an automatic firearm or that was equipped with a firearm 920
muffler or silencer on or about the offender's person or under 922
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 923
Revised Code that charges the offender with having a firearm on 924
or about the offender's person or under the offender's control 925
while committing the offense and displaying the firearm, 927
brandishing the firearm, indicating that the offender possessed 928
the firearm, or using it to facilitate the offense, or a 930
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 932
or about the offender's person or under the offender's control 933
while committing the felony, the court, after imposing a prison 934
term on the offender for the felony under division (A), (D)(2), 936
or (D)(3) of this section, shall impose an additional prison 937
term, determined pursuant to this division, that shall not be 938
reduced pursuant to section 2929.20, section 2967.193, or any 939
other provision of Chapter 2967. or Chapter 5120. of the Revised 940
Code. If the specification is of the type described in section 942
2941.144 of the Revised Code, the additional prison term shall be 943
six years. If the specification is of the type described in 945
section 2941.145 of the Revised Code, the additional prison term 947
shall be three years. If the specification is of the type 948
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 950
than one additional prison term on an offender under this 951
division for felonies committed as part of the same act or 952
transaction. If a court imposes an additional prison term under 953
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 954
division.
22
(ii) Except as provided in division (D)(1)(b) of this 957
section, if an offender who is convicted of or pleads guilty to a 958
violation of section 2923.161 of the Revised Code or to a felony 960
that includes, as an essential element, purposely or knowingly 961
causing or attempting to cause the death of or physical harm to 962
another, also is convicted of or pleads guilty to a specification 963
of the type described in section 2941.146 of the Revised Code 966
that charges the offender with committing the offense by 967
discharging a firearm from a motor vehicle, as defined in section 968
4501.01 of the Revised Code, other than a manufactured home, as 971
defined in section 4501.01 of the Revised Code, the court, after 973
imposing a prison term on the offender for the violation of 974
section 2923.161 of the Revised Code or for the other felony 976
offense under division (A), (D)(2), or (D)(3) of this section, 977
shall impose an additional prison term of five years upon the 978
offender that shall not be reduced pursuant to section 2929.20, 979
section 2967.193, or any other provision of Chapter 2967. or 980
Chapter 5120. of the Revised Code. A court shall not impose more 982
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 984
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 985
also shall impose an additional prison term under division 986
(D)(1)(a)(i) of this section relative to the same offense, 987
provided the criteria specified in that division for imposing an 988
additional prison term are satisfied relative to the offender and 989
the offense.
(b) The court shall not impose any of the additional 991
prison terms described in division (D)(1)(a) of this section upon 994
an offender for a violation of section 2923.12 or 2923.123 of the 995
Revised Code. The court shall not impose any of the additional 996
prison terms described in that division upon an offender for a 997
violation of section 2923.13 of the Revised Code unless all of 998
the following apply:
23
(i) The offender previously has been convicted of 1,001
aggravated murder, murder, or any felony of the first or second 1,002
degree.
(ii) Less than five years have passed since the offender 1,005
was released from prison or post-release control, whichever is 1,006
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 1,009
to a felony also is convicted of or pleads guilty to a 1,010
specification of the type described in section 2941.149 of the 1,011
Revised Code that the offender is a repeat violent offender, the 1,013
court shall impose a prison term from the range of terms 1,014
authorized for the offense under division (A) of this section 1,015
that may be the longest term in the range and that shall not be 1,016
reduced pursuant to section 2929.20, section 2967.193, or any 1,018
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,019
Code. If the court finds that the repeat violent offender, in 1,021
committing the offense, caused any physical harm that carried a 1,022
substantial risk of death to a person or that involved 1,023
substantial permanent incapacity or substantial permanent 1,024
disfigurement of a person, the court shall impose the longest 1,025
prison term from the range of terms authorized for the offense 1,027
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 1,030
violent offender imposes the longest prison term from the range 1,031
of terms authorized for the offense under division (A) of this 1,032
section, the court may impose on the offender an additional 1,033
definite prison term of one, two, three, four, five, six, seven, 1,034
eight, nine, or ten years if the court finds that both of the 1,035
following apply with respect to the prison terms imposed on the 1,036
offender pursuant to division (D)(2)(a) of this section and, if 1,037
applicable, divisions (D)(1) and (3) of this section: 1,038
(i) The terms so imposed are inadequate to punish the 1,041
offender and protect the public from future crime, because the 1,042
applicable factors under section 2929.12 of the Revised Code 1,045
24
indicating a greater likelihood of recidivism outweigh the 1,047
applicable factors under that section indicating a lesser
likelihood of recidivism. 1,048
(ii) The terms so imposed are demeaning to the seriousness 1,051
of the offense, because one or more of the factors under section 1,052
2929.12 of the Revised Code indicating that the offender's 1,053
conduct is more serious than conduct normally constituting the 1,054
offense are present, and they outweigh the applicable factors 1,055
under that section indicating that the offender's conduct is less 1,057
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,060
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,061
imposed for the violation is life imprisonment or commits a 1,062
violation of section 2903.02 of the Revised Code, if the offender 1,063
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,064
the Revised Code and that section requires the imposition of a 1,066
ten-year prison term on the offender or if a court imposing a 1,067
sentence upon an offender for a felony finds that the offender is 1,068
guilty of a specification of the type described in section 1,069
2941.1410 of the Revised Code, that the offender is a major drug 1,070
offender, is guilty of corrupt activity with the most serious 1,071
offense in the pattern of corrupt activity being a felony of the 1,072
first degree, or is guilty of an attempted forcible violation of 1,073
section 2907.02 of the Revised Code with the victim being under 1,074
thirteen years of age and that attempted violation is the felony 1,075
for which sentence is being imposed, the court shall impose upon 1,076
the offender for the felony violation a ten-year prison term that 1,077
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,079
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,082
division (D)(3)(a) of this section may impose an additional 1,083
prison term of one, two, three, four, five, six, seven, eight, 1,084
nine, or ten years, if the court, with respect to the term 1,085
imposed under division (D)(3)(a) of this section and, if 1,086
25
applicable, divisions (D)(1) and (2) of this section, makes both 1,088
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,089
this section.
(4) If the offender is being sentenced for a fourth degree 1,091
felony OMVI offense and if division (G)(2) of section 2929.13 of 1,093
the Revised Code requires the sentencing court to impose upon the 1,094
offender a mandatory prison term, the sentencing court shall 1,095
impose upon the offender a mandatory prison term in accordance 1,096
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 1,097
prison term of any duration specified in division (A)(4) of this 1,098
section minus the sixty days imposed upon the offender as the 1,099
mandatory prison term. The total of the additional prison term 1,100
imposed under division (D)(4) of this section plus the sixty days 1,101
imposed as the mandatory prison term shall equal one of the 1,102
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 1,103
division (D)(4) of this section, the offender shall serve the 1,104
additional prison term after the offender has served the 1,105
mandatory prison term required for the offense. The court shall 1,106
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 1,107
(E)(1) If a mandatory prison term is imposed upon an 1,110
offender pursuant to division (D)(1)(a) of this section for 1,111
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,113
prison term is imposed upon an offender pursuant to division 1,114
(D)(1)(b) of this section for committing a felony specified in 1,115
that division by discharging a firearm from a motor vehicle, the 1,116
offender shall serve the mandatory prison term consecutively to 1,117
and prior to the prison term imposed for the underlying felony 1,118
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,119
any other section of the Revised Code and consecutively to any 1,120
other prison term or mandatory prison term previously or 1,122
26
subsequently imposed upon the offender. 1,123
(2) If an offender who is an inmate in a jail, prison, or 1,126
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,128
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,129
offender who is an inmate in a jail, prison, or other residential 1,130
detention facility or is under detention at a detention facility 1,131
commits another felony while the offender is an escapee in 1,133
violation of section 2921.34 of the Revised Code, any prison term 1,135
imposed upon the offender for one of those violations shall be 1,136
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 1,138
committed that offense and to any other prison term previously or 1,139
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,140
meanings as in section 2921.01 of the Revised Code. 1,141
(3) If a prison term is imposed for a violation of 1,143
division (B) of section 2911.01 of the Revised Code, the offender 1,145
shall serve that prison term consecutively to any other prison 1,146
term.
(4) If multiple prison terms are imposed on an offender 1,148
for convictions of multiple offenses, the court may require the 1,149
offender to serve the prison terms consecutively if the court 1,150
finds that the consecutive service is necessary to protect the 1,151
public from future crime or to punish the offender and that 1,152
consecutive sentences are not disproportionate to the seriousness 1,153
of the offender's conduct and to the danger the offender poses to 1,155
the public, and if the court also finds any of the following: 1,156
(a) The offender committed the multiple offenses while the 1,159
offender was awaiting trial or sentencing, was under a sanction 1,160
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,161
Revised Code, or was under post-release control for a prior 1,162
offense.
27
(b) The harm caused by the multiple offenses was so great 1,165
or unusual that no single prison term for any of the offenses 1,166
committed as part of a single course of conduct adequately 1,167
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 1,169
demonstrates that consecutive sentences are necessary to protect 1,170
the public from future crime by the offender. 1,171
(5) When consecutive prison terms are imposed pursuant to 1,174
division (E)(1), (2), (3), or (4) of this section, the term to be 1,175
served is the aggregate of all of the terms so imposed. 1,176
(F) If a court imposes a prison term of a type described 1,179
in division (B) of section 2967.28 of the Revised Code, it shall 1,180
include in the sentence a requirement that the offender be 1,181
subject to a period of post-release control after the offender's 1,182
release from imprisonment, in accordance with that division. If 1,183
a court imposes a prison term of a type described in division (C) 1,184
of that section, it shall include in the sentence a requirement 1,185
that the offender be subject to a period of post-release control 1,186
after the offender's release from imprisonment, in accordance 1,187
with that division, if the parole board determines that a period 1,188
of post-release control is necessary. 1,189
(G) If a person is convicted of or pleads guilty to a 1,191
sexually violent offense and also is convicted of or pleads 1,192
guilty to a sexually violent predator specification that was 1,193
included in the indictment, count in the indictment, or 1,194
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,195
the Revised Code, and Chapter 2971. of the Revised Code applies 1,196
regarding the prison term or term of life imprisonment without 1,197
parole imposed upon the offender and the service of that term of 1,198
imprisonment.
(H) If a person who has been convicted of or pleaded 1,200
guilty to a felony is sentenced to a prison term or term of 1,201
imprisonment under this section, sections 2929.02 to 2929.06 of 1,202
28
the Revised Code, section 2971.03 of the Revised Code, or any 1,203
other provision of law, section 5120.163 of the Revised Code 1,204
applies regarding the person while the person is confined in a
state correctional institution. 1,205
(I) If an offender who is convicted of or pleads guilty to 1,207
a felony that is an offense of violence also is convicted of or 1,209
pleads guilty to a specification of the type described in section 1,210
2941.142 of the Revised Code that charges the offender with 1,211
having committed the felony while participating in a criminal 1,212
gang, the court shall impose upon the offender an additional 1,213
prison term of one, two, or three years.
(J) IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 1,215
A FELONY THAT IS AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR 1,217
PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 1,218
2941.143 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH 1,221
HAVING COMMITTED THE FELONY IN A SCHOOL SAFETY ZONE OR TOWARDS A 1,222
PERSON IN A SCHOOL SAFETY ZONE, THE COURT SHALL IMPOSE UPON THE 1,223
OFFENDER AN ADDITIONAL PRISON TERM OF TWO YEARS. THE OFFENDER
SHALL SERVE THE ADDITIONAL TWO YEARS CONSECUTIVELY TO AND PRIOR 1,224
TO THE PRISON TERM IMPOSED FOR THE UNDERLYING FELONY. 1,225
Sec. 2941.143. IMPOSITION OF A SENTENCE BY A COURT 1,228
PURSUANT TO DIVISION (J) OF SECTION 2929.14 OF THE REVISED CODE 1,230
IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE INDICTMENT, OR 1,231
INFORMATION CHARGING THE FELONY THAT IS AN OFFENSE OF VIOLENCE 1,232
SPECIFIES THAT THE OFFENDER COMMITTED THE FELONY IN A SCHOOL 1,234
SAFETY ZONE OR TOWARDS A PERSON IN A SCHOOL SAFTY ZONE. THE 1,235
SPECIFICATION SHALL BE STATED AT THE END OF THE BODY OF THE 1,237
INDICTMENT, COUNT, OR INFORMATION AND SHALL BE IN SUBSTANTIALLY 1,238
THE FOLLOWING FORM:
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 1,241
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING 1,242
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 1,243
(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY THAT IS AN 1,244
OFFENSE OF VIOLENCE IN A SCHOOL SAFETY ZONE OR TOWARDS A PERSON 1,246
29
IN A SCHOOL SAFETY ZONE)."
Sec. 3313.536. THE BOARD OF EDUCATION OF EACH CITY, 1,248
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL ADOPT A 1,249
COMPREHENSIVE SCHOOL SAFETY PLAN FOR EACH SCHOOL BUILDING UNDER 1,250
THE BOARD'S CONTROL. THE BOARD SHALL EXAMINE THE ENVIRONMENTAL 1,251
CONDITIONS AND OPERATIONS OF EACH BUILDING TO DETERMINE POTENTIAL 1,253
HAZARDS TO STUDENT AND STAFF SAFETY AND SHALL PROPOSE OPERATING 1,254
CHANGES TO PROMOTE THE PREVENTION OF POTENTIALLY DANGEROUS 1,255
PROBLEMS AND CIRCUMSTANCES. IN DEVELOPING THE PLAN FOR EACH 1,256
BUILDING, THE BOARD SHALL AFFORD AN OPPORTUNITY FOR COMMUNITY LAW 1,257
ENFORCEMENT AND SAFETY OFFICIALS, PARENTS OF STUDENTS WHO ARE 1,258
ASSIGNED TO THE BUILDING, AND TEACHERS AND NONTEACHING EMPLOYEES 1,259
WHO ARE ASSIGNED TO THE BUILDING TO OFFER SUGGESTIONS AND 1,260
COMMENTS ON THE PLAN. THE BOARD SHALL CONSIDER INCORPORATING 1,261
REMEDIATION STRATEGIES INTO THE PLAN FOR ANY BUILDING WHERE 1,262
DOCUMENTED SAFETY PROBLEMS HAVE OCCURRED.
THE BOARD SHALL INCORPORATE INTO THE PLAN BOTH OF THE 1,264
FOLLOWING: 1,265
(A) A PROTOCOL FOR ADDRESSING SERIOUS THREATS TO THE 1,268
SAFETY OF SCHOOL PROPERTY, STUDENTS, EMPLOYEES, OR 1,269
ADMINISTRATORS;
(B) A PROTOCOL FOR RESPONDING TO ANY EMERGENCY EVENTS THAT 1,272
DO OCCUR AND THAT COMPROMISE THE SAFETY OF SCHOOL PROPERTY, 1,273
STUDENTS, EMPLOYEES, OR ADMINISTRATORS. 1,274
EACH PROTOCOL SHALL INCLUDE PROCEDURES DEEMED APPROPRIATE 1,276
BY THE BOARD FOR RESPONDING TO THREATS AND EMERGENCY EVENTS, 1,277
RESPECTIVELY, INCLUDING SUCH THINGS AS NOTIFICATION OF 1,278
APPROPRIATE LAW ENFORCEMENT PERSONNEL, CALLING UPON SPECIFIED 1,279
EMERGENCY RESPONSE PERSONNEL FOR ASSISTANCE, AND INFORMING 1,280
PARENTS OF AFFECTED STUDENTS. 1,281
Sec. 3313.66. (A) Except as provided under division 1,290
(B)(2) of this section, the superintendent of schools of a city, 1,292
exempted village, or local school district, or the principal of a 1,293
public school may suspend a pupil from school for not more than 1,294
30
ten school days. THE BOARD OF EDUCATION OF A CITY, EXEMPTED 1,295
VILLAGE, OR LOCAL SCHOOL DISTRICT MAY ADOPT A POLICY GRANTING 1,296
ASSISTANT PRINCIPALS AND OTHER ADMINISTRATORS THE AUTHORITY TO 1,297
SUSPEND A PUPIL FROM SCHOOL FOR A PERIOD OF TIME AS SPECIFIED IN 1,298
THE POLICY OF THE BOARD OF EDUCATION, NOT TO EXCEED TEN SCHOOL 1,299
DAYS. If at the time a suspension is imposed there are fewer 1,301
than ten school days remaining in the school year in which the 1,302
incident that gives rise to the suspension takes place, the 1,303
superintendent may apply any remaining part or all of the period 1,304
of the suspension to the following school year. No EXCEPT IN THE 1,305
CASE OF A PUPIL GIVEN AN IN-SCHOOL SUSPENSION, NO pupil shall be 1,306
suspended unless prior to the suspension such superintendent or 1,307
principal does both of the following: 1,308
(1) Gives the pupil written notice of the intention to 1,310
suspend him THE PUPIL and the reasons for the intended suspension 1,312
and, if the proposed suspension is based on a violation listed in 1,313
division (A) of section 3313.662 of the Revised Code and if the 1,314
pupil is sixteen years of age or older, includes in the notice a 1,315
statement that the superintendent may seek to permanently exclude 1,316
the pupil if he THE PUPIL is convicted of or adjudicated a 1,317
delinquent child for that violation; 1,319
(2) Provides the pupil an opportunity to appear at an 1,321
informal hearing before the principal, assistant principal, 1,322
superintendent, or superintendent's designee and challenge the 1,323
reason for the intended suspension or otherwise to explain his 1,324
THE PUPIL'S actions. 1,325
(B)(1) Except as provided under division (B)(2) or, (3), 1,327
OR (4) of this section, the superintendent of schools of a city, 1,329
exempted village, or local school district may expel a pupil from 1,330
school for a period not to exceed the greater of eighty school 1,331
days or the number of school days remaining in the semester or 1,332
term in which the incident that gives rise to the expulsion takes 1,333
place, unless the expulsion is extended pursuant to division (F) 1,334
of this section. If at the time an expulsion is imposed there 1,335
31
are fewer than eighty school days remaining in the school year in 1,336
which the incident that gives rise to the expulsion takes place, 1,337
the superintendent may apply any remaining part or all of the 1,338
period of the expulsion to the following school year. 1,339
(2)(a) Unless a pupil is permanently excluded pursuant to 1,341
section 3313.662 of the Revised Code, the superintendent of 1,342
schools of a city, exempted village, or local school district 1,344
shall expel a pupil from school for a period of one year for 1,345
bringing a firearm to a school operated by the board of education
of the district or on to ONTO any other property owned or 1,346
controlled by the board, except that the superintendent may 1,349
reduce this requirement on a case-by-case basis in accordance 1,350
with the policy adopted by the board under section 3313.661 of
the Revised Code. Any such 1,352
(b) THE SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED 1,354
VILLAGE, OR LOCAL SCHOOL DISTRICT MAY EXPEL A PUPIL FROM SCHOOL 1,355
FOR A PERIOD OF ONE YEAR FOR BRINGING A FIREARM TO AN 1,357
INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY
OTHER SCHOOL PROGRAM OR ACTIVITY THAT IS NOT LOCATED IN A SCHOOL 1,359
OR ON PROPERTY THAT IS OWNED OR CONTROLLED BY THE DISTRICT. THE 1,360
SUPERINTENDENT MAY REDUCE THIS DISCIPLINARY ACTION ON A 1,361
CASE-BY-CASE BASIS IN ACCORDANCE WITH THE POLICY ADOPTED BY THE 1,362
BOARD UNDER SECTION 3313.661 OF THE REVISED CODE.
(c) ANY expulsion PURSUANT TO DIVISION (B)(2) OF THIS 1,365
SECTION shall extend, as necessary, into the school year 1,366
following the school year in which the incident that gives rise 1,368
to the expulsion takes place. As used in this division, 1,369
"firearm" has the same meaning as provided pursuant to the 1,370
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 1,371
8001(a)(2). 1,372
(3) The board of education of a city, exempted village, or 1,375
local school district may adopt a resolution authorizing the 1,376
superintendent of schools to expel a pupil from school for a 1,377
period not to exceed one year for bringing a knife to a school 1,378
32
operated by the board or, onto any other property owned or 1,379
controlled by the board, OR TO AN INTERSCHOLASTIC COMPETITION, AN 1,380
EXTRACURRICULAR EVENT, OR ANY OTHER PROGRAM OR ACTIVITY SPONSORED 1,381
BY THE SCHOOL DISTRICT OR IN WHICH THE DISTRICT IS A PARTICIPANT, 1,382
or for possessing a firearm or knife at a school or, on any other 1,384
property owned or controlled by the board, OR AT AN 1,386
INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY
OTHER SCHOOL PROGRAM OR ACTIVITY, which firearm or knife was 1,388
initially brought onto school board property by another person. 1,389
The resolution may authorize the superintendent to extend such an 1,390
expulsion, as necessary, into the school year following the 1,391
school year in which the incident that gives rise to the 1,392
expulsion takes place.
(4) THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, OR 1,395
LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A 1,396
POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES 1,397
THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A 1,399
PERIOD NOT TO EXCEED ONE YEAR FOR COMMITTING AN ACT THAT IS A 1,400
CRIMINAL OFFENSE WHEN COMMITTED BY AN ADULT AND THAT RESULTS IN 1,401
SERIOUS PHYSICAL HARM TO PERSONS AS DEFINED IN DIVISION (A)(5) OF 1,402
SECTION 2901.01 OF THE REVISED CODE OR SERIOUS PHYSICAL HARM TO 1,405
PROPERTY AS DEFINED IN DIVISION (A)(6) OF SECTION 2901.01 OF THE 1,407
REVISED CODE WHILE THE PUPIL IS AT SCHOOL, ON ANY OTHER PROPERTY 1,409
OWNED OR CONTROLLED BY THE BOARD, OR AT AN INTERSCHOLASTIC 1,411
COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY OTHER SCHOOL 1,412
PROGRAM OR ACTIVITY. ANY EXPULSION UNDER THIS DIVISION SHALL 1,413
EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR FOLLOWING THE SCHOOL 1,415
YEAR IN WHICH THE INCIDENT THAT GIVES RISE TO THE EXPULSION TAKES 1,416
PLACE.
(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
or custodian written notice of the intention to expel the pupil; 1,425
33
(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
IMPOSE THE EXPULSION. IF, FOLLOWING THE HEARING, THE PUPIL WOULD 1,464
34
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
the reasons for such reinstatement. 1,502
35
(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
superintendent or principal to the board of education or to its 1,541
36
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
motion with the court in which the proceeding is pending 1,579
37
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
system may endanger the health and safety of other pupils or 1,614
38
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
EXPIRED;
39
(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
Sec. 3313.661. (A) The board of education of each city, 1,704
40
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
guidelines under which a superintendent may require a pupil to 1,741
41
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
PROHIBIT a student from PARTICIPATING IN any particular or all 1,791
42
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
The superintendent of public instruction may prescribe the 1,839
43
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
child and the child's parent, guardian, or custodian, in writing, 1,875
44
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
superintendent shall notify the registrar of motor vehicles and 1,917
45
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
(4) WHENEVER A PUPIL IS SUSPENDED, EXPELLED, REMOVED, OR 1,955
46
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
driver's license of the person who is the subject of the notice 2,002
47
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
jurisdiction the person resides alleging error in the action 2,049
48
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
taken by the registrar under division (B) of this section or has 2,090
49
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
school superintendent. 2,128
50
(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
or driver's license was suspended, the registrar shall return the 2,170
51
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.