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As Reported by the House Criminal Justice Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 106 |
REPRESENTATIVES WINKLER-CAREY-CORBIN-FOX-HARRIS-KREBS-LUCAS-
METZGER-O'BRIEN-PADGETT-PERZ-ROMAN-THOMAS-VESPER-FORD
A BILL
To amend section 2903.13 of the Revised Code to make assault a felony of the
fifth degree when the victim is a
school teacher or
administrator or a school bus operator and the assault
occurs on school
premises, in a school building, or, under
certain circumstances, outside of
school
premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2903.13 of the Revised Code be amended to read as
follows:
Sec. 2903.13. (A) No person shall knowingly cause or
attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm
to another or to another's unborn.
(C) Whoever violates this section is guilty of assault.
Except as otherwise provided in division (C)(1), (2), or (3)
of this section, assault is a
misdemeanor of the first degree.
(1) If the offense is committed by a caretaker against a
functionally impaired person under the caretaker's care, assault is
a felony
of the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.11 or 2903.16 of the
Revised Code, and if in relation to the previous conviction the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of the particular institution for business purposes or as a
visitor, and the offense is committed by a person incarcerated in
the state correctional institution, a person institutionalized in
the department of youth services institution pursuant to a
commitment to the department of youth services, or a probationer,
furloughee, or parolee;
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department or
is on the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged with or
convicted
of any crime, or subsequent to the person's being alleged to be or
adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of youth services who temporarily is outside of the institution
for any purpose or by a probationer, parolee, or furloughee.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or delinquent
act, subsequent to the person being charged with or convicted of any
crime, or subsequent to the person being alleged to be or
adjudicated a
delinquent child and who temporarily is outside of the facility
for any purpose or by a probationer, parolee, or furloughee.
(e) THE VICTIM OF THE OFFENSE IS A SCHOOL TEACHER OR
ADMINISTRATOR OR A SCHOOL BUS OPERATOR, AND THE OFFENSE OCCURS ON SCHOOL
PREMISES, IN A SCHOOL BUILDING, ON A SCHOOL BUS, OR WHILE THE VICTIM IS
OUTSIDE
OF SCHOOL PREMISES OR A SCHOOL BUS AND IS ENGAGED IN DUTIES OR OFFICIAL
RESPONSIBILITIES ASSOCIATED WITH THE VICTIM'S EMPLOYMENT OR POSITION AS A
SCHOOL TEACHER OR ADMINISTRATOR OR A SCHOOL BUS OPERATOR, INCLUDING, BUT NOT
LIMITED TO, DRIVING, ACCOMPANYING, OR CHAPERONING STUDENTS AT OR ON CLASS OR
FIELD TRIPS, ATHLETIC EVENTS, OR OTHER SCHOOL EXTRACURRICULAR ACTIVITIES OR
FUNCTIONS OUTSIDE OF SCHOOL PREMISES.
(3) If the victim of the offense is a peace officer, a
fire fighter, or a person performing emergency medical service,
while in the performance of their official duties, assault is a
felony of the fourth degree.
(4) As used in this section:
(a) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(b) "Fire fighter" has the same meaning as in section
3937.41 of the Revised Code.
(c) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(d) "Local correctional facility" means any A county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, any A minimum security
jail established under section 341.23 or 753.21 of
the Revised Code, or any other ANOTHER county, multicounty,
municipal,
municipal-county, or multicounty-municipal facility used for the
custody of persons arrested for any crime or delinquent act,
persons charged with or convicted of any crime, or persons
alleged to be or adjudicated a delinquent child.
(e) "Employee of a local correctional facility" means any A
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the local correctional facility and who operates or assists in
the operation of the facility.
(f) "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES" HAVE THE
SAME
MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE.
(g) "SCHOOL TEACHER OR ADMINISTRATOR" MEANS EITHER
OF
THE FOLLOWING:
(i) A PERSON WHO IS EMPLOYED IN THE PUBLIC SCHOOLS OF THE STATE
UNDER A CONTRACT DESCRIBED IN SECTION 3319.08 OF THE REVISED
CODE IN A POSITION IN WHICH THE PERSON IS REQUIRED TO HAVE A
CERTIFICATE ISSUED PURSUANT
TO SECTIONS 3319.22 TO 3319.311 OF THE REVISED CODE.
(ii) A PERSON WHO IS EMPLOYED BY A NONPUBLIC SCHOOL FOR WHICH THE
STATE
BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE
REVISED CODE AND WHO IS CERTIFICATED IN ACCORDANCE WITH
SECTION 3301.071 OF THE REVISED CODE.
(h) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 4511.01 of the Revised Code.
Section 2. That existing section 2903.13 of the Revised Code is hereby
repealed.
Section 3. Section 2903.13 of the Revised Code is presented in Section 1 of
this act as a composite of the section as amended by both
Am. Sub. S.B. 239 and Sub. H.B. 480 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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