H. B. No. 183 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 183

Representative Setzer

Cosponsors: Representatives Evans, Webster

A BILL

To amend section 2903.13 of the Revised Code to 1
increase the penalty for assault to a felony of 2
the fourth degree when the victim is a listed 3
healthcare worker and to make assault against any 4
school employee a felony of the fifth degree. 5

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

       Section 1. That section 2903.13 of the Revised Code be 6
amended to read as follows: 7

       Sec. 2903.13. (A) No person shall knowingly cause or attempt 8
to cause physical harm to another or to another's unborn. 9

       (B) No person shall recklessly cause serious physical harm to 10
another or to another's unborn. 11

       (C) Whoever violates this section is guilty of assault. 12
Except as otherwise provided in division (C)(1), (2), (3), (4), or 13
(5), or (6) of this section, assault is a misdemeanor of the first 14
degree. 15

       (1) Except as otherwise provided in this division, if the 16
offense is committed by a caretaker against a functionally 17
impaired person under the caretaker's care, assault is a felony of 18
the fourth degree. If the offense is committed by a caretaker 19
against a functionally impaired person under the caretaker's care, 20
if the offender previously has been convicted of or pleaded guilty 21
to a violation of this section or section 2903.11 or 2903.16 of 22
the Revised Code, and if in relation to the previous conviction 23
the offender was a caretaker and the victim was a functionally 24
impaired person under the offender's care, assault is a felony of 25
the third degree. 26

       (2) If the offense is committed in any of the following 27
circumstances, assault is a felony of the fifth degree: 28

       (a) The offense occurs in or on the grounds of a state 29
correctional institution or an institution of the department of 30
youth services, the victim of the offense is an employee of the 31
department of rehabilitation and correction, the department of 32
youth services, or a probation department or is on the premises of 33
the particular institution for business purposes or as a visitor, 34
and the offense is committed by a person incarcerated in the state 35
correctional institution, by a person institutionalized in the 36
department of youth services institution pursuant to a commitment 37
to the department of youth services, by a parolee, by an offender 38
under transitional control, under a community control sanction, or 39
on an escorted visit, by a person under post-release control, or 40
by an offender under any other type of supervision by a government 41
agency. 42

       (b) The offense occurs in or on the grounds of a local 43
correctional facility, the victim of the offense is an employee of 44
the local correctional facility or a probation department or is on 45
the premises of the facility for business purposes or as a 46
visitor, and the offense is committed by a person who is under 47
custody in the facility subsequent to the person's arrest for any 48
crime or delinquent act, subsequent to the person's being charged 49
with or convicted of any crime, or subsequent to the person's 50
being alleged to be or adjudicated a delinquent child. 51

       (c) The offense occurs off the grounds of a state 52
correctional institution and off the grounds of an institution of 53
the department of youth services, the victim of the offense is an 54
employee of the department of rehabilitation and correction, the 55
department of youth services, or a probation department, the 56
offense occurs during the employee's official work hours and while 57
the employee is engaged in official work responsibilities, and the 58
offense is committed by a person incarcerated in a state 59
correctional institution or institutionalized in the department of 60
youth services who temporarily is outside of the institution for 61
any purpose, by a parolee, by an offender under transitional 62
control, under a community control sanction, or on an escorted 63
visit, by a person under post-release control, or by an offender 64
under any other type of supervision by a government agency. 65

       (d) The offense occurs off the grounds of a local 66
correctional facility, the victim of the offense is an employee of 67
the local correctional facility or a probation department, the 68
offense occurs during the employee's official work hours and while 69
the employee is engaged in official work responsibilities, and the 70
offense is committed by a person who is under custody in the 71
facility subsequent to the person's arrest for any crime or 72
delinquent act, subsequent to the person being charged with or 73
convicted of any crime, or subsequent to the person being alleged 74
to be or adjudicated a delinquent child and who temporarily is 75
outside of the facility for any purpose or by a parolee, by an 76
offender under transitional control, under a community control 77
sanction, or on an escorted visit, by a person under post-release 78
control, or by an offender under any other type of supervision by 79
a government agency. 80

       (e) The victim of the offense is a school ~~teacher or~~ 81
~~administrator or a school bus operator~~employee, and the offense 82
occurs in a school, on school premises, in a school building, on a 83
school bus, or while the victim is outside of school premises or a 84
school bus and is engaged in duties or official responsibilities 85
associated with the victim's employment or position as a school 86
~~teacher or administrator or a school bus operator~~employee, 87
including, but not limited to, driving, accompanying, or 88
chaperoning students at or on class or field trips, athletic 89
events, or other school extracurricular activities or functions 90
outside of school premises. 91

       (3) If the victim of the offense is a peace officer or an 92
investigator of the bureau of criminal identification and 93
investigation, a firefighter, or a person performing emergency 94
medical service, while in the performance of their official 95
duties, assault is a felony of the fourth degree. 96

       (4) If the victim of the offense is a peace officer or an 97
investigator of the bureau of criminal identification and 98
investigation and if the victim suffered serious physical harm as 99
a result of the commission of the offense, assault is a felony of 100
the fourth degree, and the court, pursuant to division (F) of 101
section 2929.13 of the Revised Code, shall impose as a mandatory 102
prison term one of the prison terms prescribed for a felony of the 103
fourth degree that is at least twelve months in duration. 104

       (5) If the victim of the offense is an officer or employee of 105
a public children services agency or a private child placing 106
agency and the offense relates to the officer's or employee's 107
performance or anticipated performance of official 108
responsibilities or duties, assault is either a felony of the 109
fifth degree or, if the offender previously has been convicted of 110
or pleaded guilty to an offense of violence, the victim of that 111
prior offense was an officer or employee of a public children 112
services agency or private child placing agency, and that prior 113
offense related to the officer's or employee's performance or 114
anticipated performance of official responsibilities or duties, a 115
felony of the fourth degree. 116

       (6) Assault is a felony of the fourth degree if the victim of 117
the offense is one of the following persons who is engaged in the 118
performance of the victim's official duties and the offender knows 119
or has reason to believe that the victim is one of the following 120
persons: 121

       (a) A registered nurse, licensed practical nurse, or advanced 122
practice nurse licensed under Chapter 4723. of the Revised Code; 123

       (b) A pharmacist licensed under Chapter 4729. of the Revised 124
Code; 125

       (c) A physician assistant authorized to practice under 126
Chapter 4730. of the Revised Code; 127

       (d) A physician authorized under Chapter 4731. of the Revised 128
Code to practice medicine and surgery or osteopathic medicine and 129
surgery or a podiatrist authorized under Chapter 4731. of the 130
Revised Code to practice podiatric medicine and surgery; 131

       (e) A psychologist licensed under Chapter 4732. of the 132
Revised Code; 133

       (f) A chiropractor licensed under Chapter 4734. of the 134
Revised Code; 135

       (g) A speech-language pathologist, audiologist, 136
speech-language pathology aide, or audiology aide licensed under 137
Chapter 4753. of the Revised Code; 138

       (h) An occupational therapist, occupational therapy 139
assistant, physical therapist, physical therapist assistant, or 140
athletic trainer who is licensed under Chapter 4755. of the 141
Revised Code or has received a permit under Chapter 4755. of the 142
Revised Code; 143

       (i) A professional clinical counselor, professional 144
counselor, independent social worker, social worker, independent 145
marriage and family therapist, or marriage and family therapist 146
licensed under Chapter 4757. of the Revised Code or a social work 147
assistant registered under Chapter 4757. of the Revised Code; 148

       (j) An independent chemical dependency counselor, chemical 149
dependency counselor III, or chemical dependency counselor II who 150
is licensed under Chapter 4758. of the Revised Code or a counselor 151
assistant, prevention specialist II, or prevention specialist I 152
who has been issued a certificate pursuant to Chapter 4758. of the 153
Revised Code; 154

       (k) A dietician who is licensed under Chapter 4759. of the 155
Revised Code; 156

       (l) An anesthesiologist assistant who has been issued a 157
certificate under Chapter 4760. of the Revised Code; 158

       (m) A respiratory care professional licensed under Chapter 159
4761. of the Revised Code or a provider of respiratory care who 160
has been issued a limited permit under Chapter 4761. of the 161
Revised Code; 162

       (n) An acupuncturist issued a certificate under Chapter 4762. 163
of the Revised Code; 164

       (o) A general X-ray machine operator, radiographer, radiation 165
therapy technologist, or nuclear medicine technologist licensed 166
under Chapter 4773. of the Revised Code; 167

       (p) An orthotist, prosthetist, or pedorthist licensed under 168
Chapter 4779. of the Revised Code. 169

       (D) As used in this section: 170

       (1) "Peace officer" has the same meaning as in section 171
2935.01 of the Revised Code. 172

       (2) "Firefighter" has the same meaning as in section 3937.41 173
of the Revised Code. 174

       (3) "Emergency medical service" has the same meaning as in 175
section 4765.01 of the Revised Code. 176

       (4) "Local correctional facility" means a county, 177
multicounty, municipal, municipal-county, or multicounty-municipal 178
jail or workhouse, a minimum security jail established under 179
section 341.23 or 753.21 of the Revised Code, or another county, 180
multicounty, municipal, municipal-county, or multicounty-municipal 181
facility used for the custody of persons arrested for any crime or 182
delinquent act, persons charged with or convicted of any crime, or 183
persons alleged to be or adjudicated a delinquent child. 184

       (5) "Employee of a local correctional facility" means a 185
person who is an employee of the political subdivision or of one 186
or more of the affiliated political subdivisions that operates the 187
local correctional facility and who operates or assists in the 188
operation of the facility. 189

       (6) "School ~~teacher or administrator~~employee" means ~~either~~ 190
~~of the following:~~ 191

       ~~(a) A~~a person who is employed ~~in the public schools of the~~ 192
~~state under a contract described in section 3319.08 of the Revised~~ 193
~~Code in a position in which the person is required to have a~~ 194
~~certificate issued pursuant to sections 3319.22 to 3319.311 of the~~ 195
~~Revised Code.~~ 196

       ~~(b) A person who is employed by a nonpublic school for which~~ 197
~~the state board of education prescribes minimum standards under~~ 198
~~section 3301.07~~by a city, local, exempted village, joint 199
vocational, or cooperative education school district, an 200
educational service center, or a community school established 201
under Chapter 3314. of the Revised Code ~~and who is certificated~~, a 202
nonpublic school chartered by the state board of education in 203
accordance with section ~~3301.071~~3301.16 of the Revised Code, or a 204
county board of mental retardation and developmental disabilities. 205

       (7) "Community control sanction" has the same meaning as in 206
section 2929.01 of the Revised Code. 207

       (8) "Escorted visit" means an escorted visit granted under 208
section 2967.27 of the Revised Code. 209

       (9) "Post-release control" and "transitional control" have 210
the same meanings as in section 2967.01 of the Revised Code. 211

       (10) "Investigator of the bureau of criminal identification 212
and investigation" has the same meaning as in section 2903.11 of 213
the Revised Code. 214

       (11) "School" has the same meaning as in section 2925.01 of 215
the Revised Code and also includes an education program for 216
handicapped children established by a county board of mental 217
retardation and developmental disabilities under Chapter 3323. of 218
the Revised Code. 219

       (12) "School premises" has the same meaning as in section 220
2901.01 of the Revised Code and also includes both of the 221
following: 222

       (a) The parcel of real property on which an education 223
program for handicapped children established by a county board of 224
mental retardation and developmental disabilities under Chapter 225
3323. of the Revised Code is situated, whether or not any 226
instruction, extracurricular activities, or training provided by 227
the education program is being conducted on the premises at the 228
time a criminal offense is committed; 229

       (b) Any other parcel of real property that is owned or leased 230
by a county board of mental retardation and developmental 231
disabilities for use in an education program for handicapped 232
children established by the board under Chapter 3323. of the 233
Revised Code and on which some of the instruction, extracurricular 234
activities, or training of the education program is conducted, 235
whether or not any instruction, extracurricular activities, or 236
training provided by the education program is being conducted on 237
the parcel of real property at the time a criminal offense is 238
committed. 239

       (13) "School building" has the same meaning as in section 240
2901.01 of the Revised Code and also includes any building in 241
which any of the instruction, extracurricular activities, or 242
training provided by an education program for handicapped children 243
established by a county board of mental retardation and 244
developmental disabilities under Chapter 3323. of the Revised Code 245
is conducted, whether or not any instruction, extracurricular 246
activities, or training provided by the education program is being 247
conducted in the school building at the time a criminal offense is 248
committed. 249

       Section 2. That existing section 2903.13 of the Revised Code 250
is hereby repealed. 251

Section 1. That section 2903.13 of the Revised Code be	6
amended to read as follows:	7

Sec. 2903.13. (A) No person shall knowingly cause or attempt	8
to cause physical harm to another or to another's unborn.	9

(B) No person shall recklessly cause serious physical harm to	10
another or to another's unborn.	11

(C) Whoever violates this section is guilty of assault.	12
Except as otherwise provided in division (C)(1), (2), (3), (4), or	13
(5), or (6) of this section, assault is a misdemeanor of the first	14
degree.	15

(1) Except as otherwise provided in this division, if the	16
offense is committed by a caretaker against a functionally	17
impaired person under the caretaker's care, assault is a felony of	18
the fourth degree. If the offense is committed by a caretaker	19
against a functionally impaired person under the caretaker's care,	20
if the offender previously has been convicted of or pleaded guilty	21
to a violation of this section or section 2903.11 or 2903.16 of	22
the Revised Code, and if in relation to the previous conviction	23
the offender was a caretaker and the victim was a functionally	24
impaired person under the offender's care, assault is a felony of	25
the third degree.	26

(2) If the offense is committed in any of the following	27
circumstances, assault is a felony of the fifth degree:	28

(a) The offense occurs in or on the grounds of a state	29
correctional institution or an institution of the department of	30
youth services, the victim of the offense is an employee of the	31
department of rehabilitation and correction, the department of	32
youth services, or a probation department or is on the premises of	33
the particular institution for business purposes or as a visitor,	34
and the offense is committed by a person incarcerated in the state	35
correctional institution, by a person institutionalized in the	36
department of youth services institution pursuant to a commitment	37
to the department of youth services, by a parolee, by an offender	38
under transitional control, under a community control sanction, or	39
on an escorted visit, by a person under post-release control, or	40
by an offender under any other type of supervision by a government	41
agency.	42

(b) The offense occurs in or on the grounds of a local	43
correctional facility, the victim of the offense is an employee of	44
the local correctional facility or a probation department or is on	45
the premises of the facility for business purposes or as a	46
visitor, and the offense is committed by a person who is under	47
custody in the facility subsequent to the person's arrest for any	48
crime or delinquent act, subsequent to the person's being charged	49
with or convicted of any crime, or subsequent to the person's	50
being alleged to be or adjudicated a delinquent child.	51

(c) The offense occurs off the grounds of a state	52
correctional institution and off the grounds of an institution of	53
the department of youth services, the victim of the offense is an	54
employee of the department of rehabilitation and correction, the	55
department of youth services, or a probation department, the	56
offense occurs during the employee's official work hours and while	57
the employee is engaged in official work responsibilities, and the	58
offense is committed by a person incarcerated in a state	59
correctional institution or institutionalized in the department of	60
youth services who temporarily is outside of the institution for	61
any purpose, by a parolee, by an offender under transitional	62
control, under a community control sanction, or on an escorted	63
visit, by a person under post-release control, or by an offender	64
under any other type of supervision by a government agency.	65

(d) The offense occurs off the grounds of a local	66
correctional facility, the victim of the offense is an employee of	67
the local correctional facility or a probation department, the	68
offense occurs during the employee's official work hours and while	69
the employee is engaged in official work responsibilities, and the	70
offense is committed by a person who is under custody in the	71
facility subsequent to the person's arrest for any crime or	72
delinquent act, subsequent to the person being charged with or	73
convicted of any crime, or subsequent to the person being alleged	74
to be or adjudicated a delinquent child and who temporarily is	75
outside of the facility for any purpose or by a parolee, by an	76
offender under transitional control, under a community control	77
sanction, or on an escorted visit, by a person under post-release	78
control, or by an offender under any other type of supervision by	79
a government agency.	80

(e) The victim of the offense is a school ~~teacher or~~	81
~~administrator or a school bus operator~~employee, and the offense	82
occurs in a school, on school premises, in a school building, on a	83
school bus, or while the victim is outside of school premises or a	84
school bus and is engaged in duties or official responsibilities	85
associated with the victim's employment or position as a school	86
~~teacher or administrator or a school bus operator~~employee,	87
including, but not limited to, driving, accompanying, or	88
chaperoning students at or on class or field trips, athletic	89
events, or other school extracurricular activities or functions	90
outside of school premises.	91

(3) If the victim of the offense is a peace officer or an	92
investigator of the bureau of criminal identification and	93
investigation, a firefighter, or a person performing emergency	94
medical service, while in the performance of their official	95
duties, assault is a felony of the fourth degree.	96

(4) If the victim of the offense is a peace officer or an	97
investigator of the bureau of criminal identification and	98
investigation and if the victim suffered serious physical harm as	99
a result of the commission of the offense, assault is a felony of	100
the fourth degree, and the court, pursuant to division (F) of	101
section 2929.13 of the Revised Code, shall impose as a mandatory	102
prison term one of the prison terms prescribed for a felony of the	103
fourth degree that is at least twelve months in duration.	104

(5) If the victim of the offense is an officer or employee of	105
a public children services agency or a private child placing	106
agency and the offense relates to the officer's or employee's	107
performance or anticipated performance of official	108
responsibilities or duties, assault is either a felony of the	109
fifth degree or, if the offender previously has been convicted of	110
or pleaded guilty to an offense of violence, the victim of that	111
prior offense was an officer or employee of a public children	112
services agency or private child placing agency, and that prior	113
offense related to the officer's or employee's performance or	114
anticipated performance of official responsibilities or duties, a	115
felony of the fourth degree.	116

(6) Assault is a felony of the fourth degree if the victim of	117
the offense is one of the following persons who is engaged in the	118
performance of the victim's official duties and the offender knows	119
or has reason to believe that the victim is one of the following	120
persons:	121

(a) A registered nurse, licensed practical nurse, or advanced	122
practice nurse licensed under Chapter 4723. of the Revised Code;	123

(b) A pharmacist licensed under Chapter 4729. of the Revised	124
Code;	125

(c) A physician assistant authorized to practice under	126
Chapter 4730. of the Revised Code;	127

(d) A physician authorized under Chapter 4731. of the Revised	128
Code to practice medicine and surgery or osteopathic medicine and	129
surgery or a podiatrist authorized under Chapter 4731. of the	130
Revised Code to practice podiatric medicine and surgery;	131

(e) A psychologist licensed under Chapter 4732. of the	132
Revised Code;	133

(f) A chiropractor licensed under Chapter 4734. of the	134
Revised Code;	135

(g) A speech-language pathologist, audiologist,	136
speech-language pathology aide, or audiology aide licensed under	137
Chapter 4753. of the Revised Code;	138

(h) An occupational therapist, occupational therapy	139
assistant, physical therapist, physical therapist assistant, or	140
athletic trainer who is licensed under Chapter 4755. of the	141
Revised Code or has received a permit under Chapter 4755. of the	142
Revised Code;	143

(i) A professional clinical counselor, professional	144
counselor, independent social worker, social worker, independent	145
marriage and family therapist, or marriage and family therapist	146
licensed under Chapter 4757. of the Revised Code or a social work	147
assistant registered under Chapter 4757. of the Revised Code;	148

(j) An independent chemical dependency counselor, chemical	149
dependency counselor III, or chemical dependency counselor II who	150
is licensed under Chapter 4758. of the Revised Code or a counselor	151
assistant, prevention specialist II, or prevention specialist I	152
who has been issued a certificate pursuant to Chapter 4758. of the	153
Revised Code;	154

(k) A dietician who is licensed under Chapter 4759. of the	155
Revised Code;	156

(l) An anesthesiologist assistant who has been issued a	157
certificate under Chapter 4760. of the Revised Code;	158

(m) A respiratory care professional licensed under Chapter	159
4761. of the Revised Code or a provider of respiratory care who	160
has been issued a limited permit under Chapter 4761. of the	161
Revised Code;	162

(n) An acupuncturist issued a certificate under Chapter 4762.	163
of the Revised Code;	164

(o) A general X-ray machine operator, radiographer, radiation	165
therapy technologist, or nuclear medicine technologist licensed	166
under Chapter 4773. of the Revised Code;	167