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As Reported by the House Criminal Justice Committee
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 293 |
REPRESENTATIVES GERBERRY-LUCAS-FORD-GARCIA-BATCHELDER
A BILL
To amend section 2921.01 of the Revised Code to amend the definition of
"detention" to expressly include the confinement in any
public or private
facility of alleged or convicted offenders or alleged or adjudicated
delinquent or unruly children who violate or allegedly violate
a law of this
state, another state, or the United
States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2921.01 of the Revised Code be amended to read as
follows:
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of
the Revised Code:
(A) "Public official" means any elected or appointed
officer, or employee, or agent of the state or any political
subdivision, whether in a temporary or permanent capacity, and
includes, but is not limited
to, legislators, judges, and law enforcement officers.
(B) "Public servant" means any of the following:
(1) Any public official;
(2) Any person performing ad hoc a governmental function,
including, but not limited to,
a juror, member of a temporary commission, master, arbitrator, advisor, or
consultant;
(3) A person who is a candidate for public office, whether or not
the person is
elected or appointed to the office for which the person is a
candidate. A person is a
candidate for purposes of this division if the person has
been nominated according to law for election or appointment to
public office, or if the person has filed a petition or petitions as
required by law to have the person's name placed on the ballot in a
primary, general, or special election, or if the person campaigns as
a write-in candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an
elective or appointive post in a political party in the United
States or this state, by virtue of which the person directs,
conducts, or
participates in directing or conducting party affairs at any
level of responsibility.
(D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding.
(E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any PUBLIC OR PRIVATE facility
for custody
of persons charged with or convicted of crime IN THIS STATE OR ANOTHER
STATE OR UNDER THE LAWS OF THE UNITED STATES or alleged
or found
to be a delinquent child or unruly child IN THIS STATE OR ANOTHER STATE OR
UNDER THE LAWS OF THE UNITED STATES; hospitalization,
institutionalization, or confinement in any PUBLIC OR PRIVATE facility
that
is ordered pursuant
to or under the authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for
transportation to or from any facility of any of those
natures; detention for extradition or deportation; except as provided in
this division, supervision by any employee of any facility of any of
those natures that is incidental to hospitalization, institutionalization,
or confinement in the facility but that occurs
outside the facility; or supervision by an employee of the department of
rehabilitation and correction of a person on any type of release from a state
correctional institution. For a person confined in a county jail who
participates in a county jail industry program pursuant to
section 5147.30 of the Revised Code, "detention" includes time
spent at an assigned work site and going to and from the work
site.
(F) "Detention facility" means any place used for the
confinement of a person charged with or convicted of any crime or
alleged or found to be a delinquent child or unruly child.
(G) "Valuable thing or valuable benefit" includes, but is
not limited to, a contribution. This inclusion does not indicate
or imply that a contribution was not included in those terms
before September 17, 1986.
(H) "Campaign committee," "contribution," "political
action committee," "legislative campaign fund," and
"political party" have the same meanings
as in section 3517.01 of the Revised Code.
(I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code.
Section 2. That existing section 2921.01 of the Revised Code is hereby
repealed.
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