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.
|
H. B. No. 265 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Stewart, Mallory, Murray, Bolon, Yuko
A BILL
To amend sections 2903.11, 2903.12, and 2903.13 of
the Revised Code to impose the same criminal
penalties for assaulting a resident participating
in a uniformed police volunteer program as are
imposed for
assaulting a peace officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.11, 2903.12, and 2903.13 of the
Revised Code be amended to read as follows:
Sec. 2903.11. (A) No person shall knowingly do either of the
following:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or to
another's
unborn by means of a deadly weapon or dangerous
ordnance.
(B) No person, with knowledge that the person has tested
positive as a
carrier of a virus that causes acquired
immunodeficiency syndrome, shall
knowingly do any of the
following:
(1) Engage in sexual conduct with another person without
disclosing that
knowledge to the other person prior to engaging in
the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender
knows or has
reasonable cause to believe lacks
the mental capacity
to appreciate the significance of the knowledge that the
offender
has tested positive as a carrier of a virus that causes acquired
immunodeficiency syndrome;
(3) Engage in sexual conduct with a person under eighteen
years of age who
is not the spouse of the offender.
(C) The prosecution of a person under this section does not
preclude prosecution of that person under
section 2907.02 of the
Revised Code.
(D)(1)(a) Whoever violates this section is guilty of
felonious
assault. Except as otherwise provided in this division
or division (D)(1)(b) of this section, felonious
assault is
a
felony of
the second degree. If the victim of a
violation of
division (A) of this section is a peace officer or, an
investigator of the bureau of criminal identification and
investigation, or a readily identifiable participant in a
uniformed police volunteer program, felonious assault
is a
felony
of the first
degree.
(b) Regardless of whether the felonious assault is a felony
of the first or
second degree under division (D)(1)(a) of this
section, if the offender also is
convicted of or pleads guilty to
a specification as described in
section 2941.1423 of the Revised
Code that was included in the
indictment, count in the
indictment, or information charging the
offense, except as
otherwise provided in this division or unless a longer prison term
is required under any other provision of law, the court
shall
sentence the offender to a mandatory prison term as provided
in
division (D)(8) of section 2929.14 of the Revised Code. If the
victim of the offense is a peace officer or, an investigator
of
the bureau of criminal identification and investigation, or a
readily identifiable participant in a uniformed police volunteer
program,
and if
the victim suffered
serious physical harm as a
result of
the
commission of the offense, felonious
assault is a
felony of
the
first degree, and the court, pursuant to division
(F) of
section
2929.13 of the Revised Code, shall impose as a
mandatory
prison
term one of the prison terms prescribed for a
felony of the
first
degree.
(2) In addition to any other sanctions imposed pursuant to
division (D)(1) of this section for felonious assault committed in
violation of division (A)(2) of this section, if the deadly weapon
used in the commission of the violation is a motor vehicle, the
court shall impose upon the offender a class two suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(2) of section
4510.02 of the Revised Code.
(E) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in
section 2923.11 of the Revised Code.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Sexual conduct" has the same meaning as in section
2907.01 of the Revised Code,
except that, as used in this section,
it does not include the insertion of an
instrument, apparatus, or
other object that is not a part of the body into the
vaginal or
anal opening of another, unless the offender knew at the time of
the
insertion that the instrument, apparatus, or other object
carried the
offender's bodily fluid.
(5) "Investigator of the bureau of criminal identification
and investigation" means an investigator of the bureau of criminal
identification and investigation who is commissioned by the
superintendent of the bureau as a special agent for the purpose of
assisting law enforcement officers or providing emergency
assistance to peace officers pursuant to authority granted under
section 109.541 of the Revised Code.
(6) "Investigator" has the same meaning as in section 109.541
of the Revised Code.
(7) "Uniformed police volunteer program" means a law
enforcement
volunteer program that is registered with the
volunteers in police
service program that is administered by the
international
association of chiefs of police on behalf of the
United States
department of justice and that is formed in
affiliation or
association with, and trained by, a law
enforcement agency to
observe activities within a neighborhood,
to report the
volunteers' observations to the law enforcement
agency, and to
take other actions intended to reduce crime in the
neighborhood.
(8) "Law enforcement agency" has the same meaning as in
section 109.573 of the Revised Code and also includes the office
of any village marshal, any police force of a metropolitan housing
authority, any state university law enforcement officer
department, and the office of any township constable.
(9) "Participant in a uniformed police volunteer program"
means a
person engaged in or traveling to or from a meeting,
neighborhood
patrol, or other scheduled activity of a uniformed
police volunteer
program.
Sec. 2903.12. (A) No person, while under the influence of
sudden passion or in a sudden fit of rage, either of which is
brought on by serious provocation occasioned by the victim that
is
reasonably sufficient to incite the person into using deadly
force, shall knowingly:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or to
another's
unborn by
means of a deadly weapon or dangerous
ordnance, as defined in
section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of aggravated
assault. Except as otherwise provided in this division,
aggravated assault is a felony of the fourth degree. If the victim
of the
offense is a peace officer or, an investigator of the
bureau
of criminal identification and investigation, or a readily
identifiable participant in a uniformed police volunteer program,
aggravated assault
is a felony of the third
degree. Regardless of
whether the offense
is a felony of the third or fourth degree
under this division, if
the offender also is convicted of or
pleads guilty to a
specification as described in section
2941.1423 of the Revised
Code that was included in the
indictment, count in the indictment,
or information charging the
offense, except as otherwise provided
in this division, the court
shall sentence the offender to a
mandatory prison term as
provided in division (D)(8) of section
2929.14 of the Revised
Code. If the victim of the offense is a
peace officer or, an
investigator of the bureau of criminal
identification and
investigation, or a readily identifiable participant in a
uniformed police volunteer program, and if the
victim suffered
serious physical
harm as a result of the commission of the
offense, aggravated
assault is a felony of the third degree, and
the court,
pursuant
to division (F) of section 2929.13 of the
Revised
Code, shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the third degree.
(C) As used in this section:
(1) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(2) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(3) "Uniformed police volunteer program," "law enforcement
agency,"
and "participant in a uniformed police volunteer
program" have the same
meanings as in section 2903.11 of the
Revised Code.
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, and
the court shall sentence the offender as provided in this division
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or
(5) of
this section, assault is a
misdemeanor of the first
degree.
(1) Except as otherwise provided in this division, 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, by a person institutionalized in
the
department of youth services institution pursuant to a
commitment
to the department of youth services, by a
parolee,
by an offender
under transitional
control, under
a community
control sanction, or
on an escorted visit, by a person under
post-release control,
or
by an
offender under any other type of
supervision by a government
agency.
(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, by a
parolee,
by an offender under
transitional
control, under a
community control sanction, or on an
escorted
visit, by a person under
post-release control, or by an
offender
under any other type of supervision by
a government
agency.
(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
parolee, by an
offender under
transitional control, under a
community
control
sanction, or on an escorted visit, by a person
under post-release
control, or by an offender under any other type
of supervision by
a government
agency.
(e) The victim of the offense is a school teacher or
administrator or a
school bus operator, and the offense occurs in
a school, 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 or an
investigator of the bureau of criminal identification and
investigation, a
firefighter, or a person performing emergency
medical service,
while in the performance of their official
duties, or is a readily identifiable participant in a uniformed
police volunteer program, assault is a
felony of the fourth
degree.
(4) If the victim of the offense is a peace officer or, an
investigator of the bureau of criminal identification and
investigation, or a readily identifiable participant in a
uniformed police volunteer program and if
the victim
suffered
serious physical harm
as
a result of the
commission of the
offense,
assault is a felony
of
the fourth
degree, and the
court, pursuant to division
(F) of
section 2929.13
of the Revised
Code, shall
impose as a mandatory
prison term one
of the prison
terms prescribed for a
felony of the
fourth degree
that is at
least twelve months in duration.
(5) If the victim of the offense is an officer or employee
of
a public
children services agency or a private child placing
agency and the offense
relates to the officer's or employee's
performance or anticipated performance
of official
responsibilities or duties, assault is either a felony of the
fifth degree
or, if the offender previously has been convicted of
or pleaded guilty
to an offense of violence, the victim of that
prior offense was an officer or
employee of a public children
services agency or private child placing agency,
and that prior
offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties, a
felony of
the fourth degree.
(6) If an offender who is convicted of or pleads guilty to
assault when it is a misdemeanor also is convicted of or pleads
guilty to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory jail term as provided in
division (G) of section 2929.24 of the Revised Code.
If an offender who is convicted of or pleads guilty to
assault when it is a felony also is convicted of or pleads guilty
to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, except as
otherwise provided in division (C)(4) of this section, the court
shall
sentence the offender to a mandatory prison term as
provided in
division (D)(8) of section 2929.14 of the Revised
Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" has the same meaning as in
section
3937.41
of the Revised Code.
(3) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, a minimum security
jail established under
section 341.23 or 753.21 of
the Revised Code, or 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.
(5) "Employee of a local correctional facility" means 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.
(6) "School teacher or administrator" means either of the
following:
(a) 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.
(b) 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.
(7) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have
the
same meanings as in section 2967.01 of the Revised Code.
(10) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(11) "Uniformed police volunteer program," "law enforcement
agency,"
and "participant in a uniformed police volunteer
program" have the same
meanings as in section 2903.11 of
the
Revised Code.
Section 2. That existing sections 2903.11, 2903.12, and
2903.13 of the Revised Code are hereby repealed.
|
|