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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 357 |
REPRESENTATIVES CATES-ALLEN-CLANCY-COUGHLIN-GRENDELL-NETZLEY-
OLMAN-PRINGLE-SCHURING-TERWILLEGER-VAN VYVEN-WILLAMOWSKI-
BUEHRER-CALLENDER-MYERS-JERSE-FERDERBER-GOODMAN-EVANS-
DAMSCHRODER-ROMAN-TIBERI-CALVERT-JOLIVETTE-HOLLISTER-
MOTTLEY-MEAD-BENDER-BUCHY-STAPLETON-FORD-HARTNETT-REDFERN-
CAREY-KREBS-HARRIS-WIDENER-VESPER-VERICH-YOUNG-BARNES-PERRY-
OGG-METZGER-CORBIN-AUSTRIA-SMITH-PATTON-SYKES-WOMER BENJAMIN-
BOYD-LOGAN-BARRETT-BRITTON-AMSTUTZ-SALERNO
A BILL
To amend section 2921.36 of the Revised Code to enhance the penalty for
illegal conveyance of drugs of abuse onto the grounds of a detention facility
or a Mental Health or Mental Retardation and Developmental Disabilities
institution.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2921.36 of the Revised Code be amended to read as
follows:
Sec. 2921.36. (A) No person shall knowingly convey, or
attempt to convey, onto the grounds of a detention facility or of
an institution that is under the control of the department of
mental health or the department of mental retardation and
developmental disabilities, any of the following items:
(1) Any deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code, or any part of or ammunition
for use in such a deadly weapon or dangerous ordnance;
(2) Any drug of abuse, as defined in section 3719.011 of
the Revised Code;
(3) Any intoxicating liquor, as defined in section 4301.01
of the Revised Code.
(B) Division (A) of this section does not apply to any
person who conveys or attempts to convey an item onto the grounds
of a detention facility or of an institution under the control of
the department of mental health or the department of mental
retardation and developmental disabilities pursuant to the
written authorization of the person in charge of the detention
facility or the institution and in accordance with the written
rules of the detention facility or the institution.
(C) No person shall knowingly deliver, or attempt to
deliver, to any person who is confined in a detention facility or
to any patient in an institution under the control of the
department of mental health or the department of mental
retardation and developmental disabilities, any item listed in
division (A)(1), (2), or (3) of this section.
(D) No person shall knowingly deliver, or attempt to deliver, cash to any
person who is confined in a detention facility.
(E)(1) It is an affirmative defense to a charge under
division (A)(1) of this section that the
weapon or dangerous ordnance in question was being transported in a motor
vehicle for any lawful purpose, that it was not on the actor's person, and, if
the weapon or dangerous ordnance in question was a firearm, that it was
unloaded and was being carried in a closed package, box, or case or in a
compartment that can be reached only by leaving the vehicle.
(2) It is an affirmative defense to a charge under
division (C) of this section that the actor was not otherwise
prohibited by law from delivering the item to the confined person
or the patient and that either of the following applies:
(a) The actor was permitted by the written rules of the
detention facility or the institution to deliver the item to the
confined person or the patient.
(b) The actor was given written authorization by the
person in charge of the detention facility or the institution to
deliver the item to the confined person or the patient.
(F)(1) Whoever violates division (A)(1) of this section or
commits a violation of division (C) of this section involving an
item listed in division (A)(1) of this section is guilty of
illegal conveyance of weapons onto the grounds of a detention
facility or a mental health or mental retardation and
developmental disabilities institution, a felony of the
fourth degree. If the offender is an officer or employee of the department
of rehabilitation and correction, the court shall impose a mandatory prison
term.
(2) Whoever violates division (A)(2) of this section or
commits a violation of division (C) of this section involving any
drug of abuse is guilty of illegal conveyance of drugs of abuse
onto the grounds of a detention facility or a mental health or
mental retardation and developmental disabilities institution, a
felony of the fourth THIRD degree if the offender is an
officer
or employee of the facility or institution or a felony of the
fifth degree if the offender is not such an officer or employee. If the
offender is an officer or employee of the department of rehabilitation and
correction OR OF THE DEPARTMENT OF YOUTH SERVICES, the court shall
impose a mandatory prison term.
(3) Whoever violates division (A)(3) of this section or commits a
violation of division (C) of this section involving any
intoxicating liquor is guilty of illegal conveyance of
intoxicating liquor onto the grounds of a detention facility or a
mental health or mental retardation and developmental
disabilities institution, a misdemeanor of the second degree.
(4) Whoever violates division (D) of this section is guilty of illegal
conveyance of cash onto the grounds of a detention facility, a misdemeanor of
the first degree. If the offender previously has been convicted of or pleaded
guilty to a violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the
fifth degree.
Section 2. That existing section 2921.36 of the Revised Code is hereby
repealed.
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