To enact section 2921.38 of the Revised Code to create the offense of harassment of an employee by an inmate.

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

Sec. 2921.38. (A) NO PERSON WHO IS CONFINED IN A DETENTION FACILITY, WITH INTENT TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON WHOM THE PERSON KNOWS OR HAS REASON TO KNOW IS AN EMPLOYEE OF THE DETENTION FACILITY OR OF THE DEPARTMENT, POLITICAL SUBDIVISION, OR OTHER ENTITY THAT OPERATES THE DETENTION FACILITY, SHALL CAUSE OR ATTEMPT TO CAUSE THE EMPLOYEE TO COME INTO CONTACT WITH BLOOD, SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT THE EMPLOYEE, BY EXPELLING THE BODILY SUBSTANCE UPON THE EMPLOYEE, OR IN ANY OTHER MANNER.

(B) NO PERSON WHO IS CONFINED IN A DETENTION FACILITY, WITH KNOWLEDGE THAT THE PERSON IS A CARRIER OF THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS, AND WITH INTENT TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON WHOM THE PERSON KNOWS OR HAS REASON TO KNOW IS AN EMPLOYEE OF THE DETENTION FACILITY OR OF THE DEPARTMENT, POLITICAL SUBDIVISION, OR OTHER ENTITY THAT OPERATES THE DETENTION FACILITY, SHALL CAUSE OR ATTEMPT TO CAUSE THE EMPLOYEE TO COME INTO CONTACT WITH BLOOD, SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT THE EMPLOYEE, BY EXPELLING THE BODILY SUBSTANCE UPON THE EMPLOYEE, OR IN ANY OTHER MANNER.

(C)(1) WHOEVER VIOLATES THIS SECTION IS GUILTY OF HARASSMENT OF AN EMPLOYEE BY AN INMATE.

(2) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A VIOLATION OF DIVISION (A) OF THIS SECTION IS A FELONY OF THE FIFTH DEGREE. A VIOLATION OF DIVISION (A) OF THIS SECTION IS A FELONY OF THE FOURTH DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH THE OFFENDER WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION IS A FELONY OF THE THIRD DEGREE OR, IF THE PERSON WAS UNDER DETENTION AS AN ALLEGED OR ADJUDICATED DELINQUENT CHILD, THE MOST SERIOUS ACT FOR WHICH THE PERSON WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION WOULD BE A FELONY OF THE THIRD DEGREE IF COMMITTED BY AN ADULT. A VIOLATION OF DIVISION (A) OF THIS SECTION IS A FELONY OF THE THIRD DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH THE OFFENDER WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION IS AGGRAVATED MURDER, MURDER, OR A FELONY OF THE FIRST OR SECOND DEGREE OR, IF THE PERSON WAS UNDER DETENTION AS AN ALLEGED OR ADJUDICATED DELINQUENT CHILD, THE MOST SERIOUS ACT FOR WHICH THE PERSON WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION WOULD BE AGGRAVATED MURDER, MURDER, OR A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT.

(3) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE FOURTH DEGREE. A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE THIRD DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH THE OFFENDER WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION IS A FELONY OF THE SECOND DEGREE OR, IF THE PERSON WAS UNDER DETENTION AS AN ALLEGED OR ADJUDICATED DELINQUENT CHILD, THE MOST SERIOUS ACT FOR WHICH THE PERSON WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION WOULD BE A FELONY OF THE SECOND DEGREE IF COMMITTED BY AN ADULT. A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE SECOND DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH THE OFFENDER WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION IS AGGRAVATED MURDER, MURDER, OR A FELONY OF THE FIRST DEGREE OR, IF THE PERSON WAS UNDER DETENTION AS AN ALLEGED OR ADJUDICATED DELINQUENT CHILD, THE MOST SERIOUS ACT FOR WHICH THE PERSON WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION WOULD BE AGGRAVATED MURDER, MURDER, OR A FELONY OF THE FIRST DEGREE IF COMMITTED BY AN ADULT.

(D)(1) WHEN A PERSON IS INDICTED FOR AN OFFENSE UNDER THIS SECTION, THE COURT SHALL ORDER THE PERSON TO SUBMIT TO ONE OR MORE TESTS DESIGNATED BY THE DIRECTOR OF HEALTH UNDER SECTION 3701.241 OF THE REVISED CODE TO DETERMINE WHETHER THE PERSON IS A CARRIER OF A VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME AND TO SUBMIT TO TESTS TO DETERMINE IF THE PERSON IS INFECTED WITH A HEPATITIS VIRUS OR WITH TUBERCULOSIS. WITH RESPECT TO THE TEST FOR THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, THE COURT SHALL FOLLOW THE PROCEDURE FOR TESTS OF THAT NATURE SPECIFIED IN DIVISION (B)(1)(b)OF SECTION 2907.27 OF THE REVISED CODE. THE COURT SHALL REPORT THE RESULTS OF THE TESTS TO THE PROSECUTOR IN THE CASE. THE TEST RESULTS MAY BE USED AS THE BASIS FOR A CHARGE UNDER DIVISION (B) OF THIS SECTION AND AS EVIDENCE IN THE TRIAL OF THE CHARGE.

(2)THE COURT SHALL CHARGE THE OFFENDER WITH THE COSTS OF THE TEST OR TESTS ORDERED UNDER DIVISION (D)(1) OF THIS SECTION UNLESS THE COURT DETERMINES THAT THE ACCUSED IS UNABLE TO PAY, IN WHICH CASE THE COSTS SHALL BE CHARGED TO THE ENTITY THAT OPERATES THE DETENTION FACILITY IN WHICH THE ALLEGED OFFENSE OCCURRED.

(E) AS USED IN THIS SECTION:

(1) "DETENTION" HAS THE SAME MEANING AS IN SECTION 2921.01 of the Revised Code, EXCEPT THAT IT DOES NOT INCLUDE HOSPITALIZATION, INSTITUTIONALIZATION, OR CONFINEMENT IN A FACILITY OPERATED BY THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OR CONFINEMENT IN A VEHICLE FOR TRANSPORTATION TO OR FROM A FACILITY OF THAT NATURE.

(2)"EMPLOYEE" INCLUDES, BUT IS NOT LIMITED TO, A PERSON WHO IS RENDERING MEDICAL, NURSING, DENTAL, PODIATRIC, OPTOMETRIC, PHYSICAL THERAPEUTIC, PSYCHIATRIC, OR PSYCHOLOGICAL SERVICES TO ANY PERSON IN A DETENTION FACILITY PURSUANT TO A PERSONAL SERVICES CONTRACT OR PURCHASED SERVICE CONTRACT.