The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 37 |
REPRESENTATIVES BATEMAN-THOMPSON-HAINES-LUCAS-THOMAS-OGG-SAWYER-
MOTTLEY-TAYLOR-TERWILLEGER-CORBIN-BENDER-FOX-GARCIA-BATCHELDER-
MOTTL-TIBERI-CALLENDER-O'BRIEN-COUGHLIN-BRADING-VESPER-REID-
HARRIS-STAPLETON-SULZER-ROMAN-WINKLER-CLANCY-KRUPINSKI-LEWIS-
METELSKY-GRENDELL-JOHNSON-PADGETT-WILLIAMS-SCHULER-VERICH-
COLONNA-PATTON-
SENATORS BLESSING-CUPP-LATTA-B. JOHNSON-
OELSLAGER-LATELL-HERINGTON
A BILL
To enact section 2921.38 of the Revised Code
and to amend Section 35 of Am.
Sub. H.B. 117 of the 121st General Assembly, as amended by Am.
Sub. S.B. 162
of the 121st General Assembly and by Am. Sub. H.B. 210 of the 122nd General
Assembly, to create the offense of
harassment
by an
inmate,
to authorize the Office of
Criminal Justice Services to make an earlier reimbursement to
counties for the
costs of prosecuting certain serious
felonies, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2921.38 of the Revised Code be enacted to read as
follows:
Sec. 2921.38. (A) NO PERSON WHO IS CONFINED IN A DETENTION
FACILITY, WITH
INTENT TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON,
SHALL CAUSE OR ATTEMPT TO CAUSE THE OTHER PERSON TO COME INTO CONTACT
WITH BLOOD, SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY THROWING THE
BODILY SUBSTANCE AT THE OTHER PERSON, BY EXPELLING THE BODILY SUBSTANCE UPON
THE
OTHER PERSON, 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, SHALL
CAUSE OR ATTEMPT TO CAUSE THE OTHER PERSON TO COME INTO CONTACT WITH BLOOD,
SEMEN,
URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT
THE OTHER PERSON, BY EXPELLING THE BODILY SUBSTANCE UPON THE OTHER PERSON, OR
IN ANY
OTHER MANNER.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF HARASSMENT
BY AN INMATE.
A VIOLATION OF DIVISION
(A) OF THIS SECTION IS A FELONY OF THE FIFTH
DEGREE. A VIOLATION OF DIVISION (B) OF THIS
SECTION IS A FELONY OF THE THIRD DEGREE.
(D)(1) THE COURT, ON REQUEST OF THE PROSECUTOR, ORTHE LAW
ENFORCEMENT AUTHORITY RESPONSIBLE FOR THE INVESTIGATION OF THE VIOLATION,
SHALL
CAUSE A PERSON WHO ALLEGEDLY HAS COMMITTED A VIOLATION OF THIS SECTION TO
SUBMIT TO ONE OR MORE APPROPRIATE TESTS TO DETERMINE IF
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.
(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) THIS SECTION DOES NOT APPLY TO A PERSON WHO IS HOSPITALIZED,
INSTITUTIONALIZED, OR CONFINED IN A FACILITY OPERATED BY THE DEPARTMENT OF
MENTAL HEALTH OR THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES.
Section 2. That Section 35 of Am. Sub. H.B. 117 of the 121st General
Assembly, as amended by Am. Sub. S.B. 162 of the 121st General Assembly and by
Am. Sub. H.B. 210 of the 122nd General Assembly, be amended to read as
follows:
"Sec. 35. CEB CONTROLLING BOARD
General Revenue Fund
GRF | 911-401 | Emergency Purposes | $ | 6,000,000 | $ | 6,000,000 |
GRF | 911-422 | Community Police Officers | $ | 4,550,000 | $ | 4,550,000 |
GRF | 911-423 | Army National Guard | $ | 1,000,000 | $ | 0 |
GRF | 911-424 | Livestock | $ | 200,000 | $ | 200,000 |
GRF | 911-427 | DNA Laboratory | $ | 600,000 | $ | 0 |
GRF | 911-429 | Pay Equalization | $ | 1,500,000 | $ | 1,500,000 |
GRF | 911-431 | Treatment Services for Prisoners | $ | 0 | $ | 750,000 |
GRF | 911-434 | Criminal Record Background Checks | $ | 425,000 | $ | 425,000 |
TOTAL GRF General Revenue Fund | $ | 13,650,000 | $ | 12,800,000 |
State Secial SPECIAL Revenue Fund Group
5E2 | 911-601 | Disaster Services | $ | 0 | $ | 40,000,000 |
TOTAL SSR State Special Revenue | | | | |
Fund | $ | 0 | $ | 40,000,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 13,650,000 | $ | 52,800,000 |
Federal Share
In transferring funds to or from appropriation line items
which have federal shares identified in Am.
Sub. H.B. 117 of the 121st General
Assembly, the Controlling
Board shall add or subtract corresponding amounts of federal
matching funds at the percentages indicated by the state and
federal division of the appropriations in Am.
Sub. H.B. 117 of the 121st General
Assembly. Such changes
are hereby appropriated.
Notwithstanding Sections 127.14(D) and 131.35(B)
Notwithstanding division (D) of section 127.14 and division
(B) of section 131.35 of the Revised Code, except for the General
Revenue Fund, the Controlling Board may, upon the request of
either the Director of Budget and Management, or a state agency
with the approval of the Director of Budget and Management,
increase appropriations for any fund, as necessary for the
various state agencies, to assist in paying the costs of
increases in employee compensation that occur on or after July 1,
1995, that are provided pursuant to collective bargaining
agreements under Chapter 4117. of the Revised Code and the costs
of salary increases for employees that are exempt from collective
bargaining, which are provided under law.
Prosecution Costs
After the trial court reaches a disposition on UPON a
DELINQUENCY filing in A Juvenile Court or THE RETURN OF
an indictment for aggravated murder, murder, or any felony of the first or
second degree that was committed at a Department of Youth Services or a
Department of Rehabilitation and Correction Institution, the county may, in
accordance with rules that the Office of Criminal Justice Services shall
adopt, apply to the Office of Criminal Justice Services for a grant to cover
all documented costs that are incurred by the county prosecutor's office.
Twice each fiscal year, the Office of Criminal Justice Services shall
designate counties to receive grants from those counties that have submitted
one or more applications in compliance with the rules adopted by the office.
In the first round of grants, up to $50,000 may be awarded. In the second
round of grants, provided there are sufficient applications, the remainder of
the
$100,000 available to the Office of Criminal Justice Services in each fiscal
year shall be awarded.
If for a given round of grants there is insufficient funding to make awards to
all of the eligible counties, first priority shall be given to cases involving
aggravated murder and murder, second priority shall be given to cases
involving first degree felonies and third priority shall be given to cases
involving second degree felonies. Within these priorities the awards shall be
made based on the order in which the applications were received, except that
applications for cases involving first and second degree felonies shall not be
considered in more than two consecutive rounds of grants.
The Director of the Office of Criminal Justice Services may request up to
$100,000 in fiscal year 1996 and up to $100,000 in fiscal year 1997 from the
foregoing appropriation item 911-401, Emergency Purposes, to cover local
prosecution costs for aggravated murder, murder, first degree felonies and
second degree felonies that occur on the grounds of state institutions
operated by the Department of Rehabilitation and Correction and the Department
of Youth Services on or after July 1, 1995.
Southern Ohio Correctional Facility Costs
The Attorney General's Office may request up to $500,000 in each fiscal year
from the foregoing appropriation line item 911-401, Emergency Purposes,
to cover legal expenses related to the disturbance that occurred on April 11,
1993, at the Southern Ohio Correctional Facility in Lucasville, Ohio.
The Public Defender Commission may request up to $120,000 in fiscal year 1996
and $40,000 in fiscal year 1997 from the foregoing appropriation line item
911-401, Emergency Purposes, to
cover the state's share of indigent defense costs related to the disturbance
that occurred on April 11, 1993, at the Southern Ohio Correctional Facility in
Lucasville, Ohio.
Reimbursement of County Boards of Elections
Upon the request of the chairman CHAIRPERSON of the Ohio
ballot board BALLOT BOARD or the
director DIRECTOR of budget
BUDGET and management MANAGEMENT,
controlling board THE CONTROLLING BOARD shall
transfer from the
foregoing appropriation line item 911-401, Emergency
Purposes, up to a total of $2,000,000 in the biennium to the
Ohio ballot board BALLOT BOARD for
disbursement to county boards of
elections as
reimbursement for public notice costs associated with statewide ballot
issues. THE Controlling board BOARD shall
create a line item, within the Ohio ballot
board BALLOT BOARD, to receive the transferred
money. The director DIRECTOR of budget
BUDGET and management MANAGEMENT shall
establish agency codes and line items as necessary.
Community Police Officers
The foregoing appropriation item 911-422, Community Police
Officers, may be transferred to the Attorney General for the
purposes of administering and providing for matching funds that
may be required to draw down federal grants that shall be used to
help pay the costs of providing additional law enforcement
officers to counties, townships, municipal corporations, and
state-assisted or state-supported institutions of higher
education.
Army National Guard
Upon the passage of H.B. 376 of the 121st General Assembly, the Adjutant
General may apply
for release of funds from the foregoing appropriation line item 911-423, Army
National Guard. For each parcel sold that is described in H.B. 376, the
Adjutant General may request the transfer to line 745-612, Armory
Improvements, an amount equal to the difference between the purchase price
received for the parcel and the appraised value of the parcel, as determined
by the Director of Administrative Services.
DNA Laboratory
The Attorney General's Office may submit a request to the Controlling Board
for the release of up to $600,000 over the biennium from the foregoing
appropriation item 911-427, DNA Laboratory. The foregoing
appropriation item 911-427, DNA Laboratory, shall be used to pay
start-up costs related to the establishment of a DNA facility.
The Director of Budget and Management shall transfer the unencumbered balance,
if any, of the foregoing appropriation item 911-427, DNA Laboratory,
at the end
of fiscal year 1996 to fiscal year 1997 for use under the same appropriation
item.
Attorney Pay Equity
Pursuant to section 109.03 of the Revised Code, the Attorney General may
appoint Assistant Attorneys General to perform such duties as are assigned by
the Attorney General. The Attorney General, at the Attorney General's
discretion, may pay such Assistant Attorneys General salaries pursuant to
sections 124.15 or 124.152 of the Revised Code. It is recognized that
Assistant Attorneys General are compensated at a lesser amount than attorneys
of the various departments, agencies, and offices of the state who are
appointed to the attorney classifications and paid pursuant to schedule B of
section 124.15 of the Revised Code or schedules E-1 through E-4 of section
124.152 of the Revised Code. Therefore, the Attorney General may request that
the Controlling Board release up to $1.5 million in each fiscal year from the
foregoing appropriation item 911-429, Pay Equalization, to fund costs
associated with eliminating compensation disparity between assistant Attorneys
General and attorneys in the various departments, agencies, and offices of the
state who are appointed to attorney classifications and paid pursuant to
schedule B of section 124.15 of the Revised Code or schedule E-1 through E-4
of section 124.152 of the Revised Code. Costs associated with pay equity
adjustments shall be calculated by the Attorney General and approved by the
Director of Budget and Management.
Treatment Services for Prisoners
Upon completing a plan for the provision of alcohol and drug addiction
treatment services in all state correctional institutions, the Department of
Alcohol and Drug Addiction Services shall request the Controlling Board to
release the appropriation from the foregoing appropriation item 911-431,
Treatment Services for Prisoners. The Department shall include, as part of
its Controlling Board request, a copy of the plan. The Department shall use
the released funds for implementation of the plan.
Criminal Record Background Checks
The foregoing appropriation item 911-434, Criminal Record Background Checks,
may be transferred to the Attorney General for the purpose of conducting
criminal record background checks.
Disaster Services
In fiscal year 1997, the director of budget and management may increase the
appropriation item, 911-401, Emergency Purposes, by an
amount not to exceed the amount transferred out of that line item before the
effective date of this section for the 1997 flooding disaster referred to as
FEMA-DR-1164-OH. The director of budget and
management shall transfer $40,000,000 minus an amount equal to the increase in
appropriation item, 911-401, Emergency Purposes, from the
General Revenue Fund into
the Disaster Services Fund of the
Controlling Board, which is hereby created in the state
treasury. The foregoing appropriation item, 911-601, Disaster Services, shall
be used by the Controlling Board, pursuant to requests submitted by state
agencies, to transfer cash and appropriation authority from the
Disaster Services Fund to any fund of the state for
the payment of state agency program expenses related to the 1997 flooding
disaster."
Section 3. That existing Section 35 of Am. Sub. H.B. 117 of the 121st General
Assembly, as amended by Am. Sub. S.B. 162 of the 121st General Assembly and by
Am. Sub. H.B. 210 of the 122nd General Assembly, is
hereby repealed.
Section 4. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that immediate action is crucial to enable the
Office of Criminal Justice Services to make grants during the current state
fiscal year to cover the costs of prosecution incurred by a county
prosecutor's
office subsequent to the filing of charges regarding an aggravated murder, a
murder, a felony of the first degree or second degree, or a comparable
delinquent act that was committed at a Department of Youth Services or
Department of Rehabilitation and Correction institution. Therefore, this act
shall go into immediate effect.
|