To amend sections 2911.02, 2911.12, and 2911.13 of the Revised Code to increase the penalties for robbery, burglary, and breaking and entering when the offenses occur in or in the immediate vicinity of a pharmacy.

Section 1.  That sections 2911.02, 2911.12, and 2911.13 of the Revised Code be amended to read as follows:

Sec. 2911.02.  (A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:

(1) Have a deadly weapon on or about the offender's person or under the offender's control;

(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another;

(3) Use or threaten the immediate use of force against another.

(B)(1) Whoever violates this section is guilty of robbery. A

(2) Except as provided in division (B)(3) of this section, a violation of division (A)(1) or (2) of this section is a felony of the second degree. A, and a violation of division (A)(3) of this section is a felony of the third degree.

(3) If the offense occurs in or in the immediate vicinity of a pharmacy, a violation of division (A)(1) or (2) of this section is a felony of the first degree, and a violation of division (A)(3) of this section is a felony of the second degree.

(C) As used in this section:

(1) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.

(2) "Pharmacy" means that portion of a place of business that is under the supervision of a pharmacist licensed under Chapter 4729. of the Revised Code and where drugs are compounded or dispensed.

(3) "Theft offense" has the same meaning as in section 2913.01 of the Revised Code.

Sec. 2911.12.  (A) No person, by force, stealth, or deception, shall do any of the following:

(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;

(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;

(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense;

(4) Trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.

(B) As used in this section, "occupied:

(1) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code.

(2) "Pharmacy" has the same meaning as in section 2911.02 of the Revised Code.

(C)(1) Whoever violates this section is guilty of burglary. A

(2) Except as provided in division (C)(3) of this section, a violation of division (A)(1) or (2) of this section is a felony of the second degree. A, a violation of division (A)(3) of this section is a felony of the third degree. A, and a violation of division (A)(4) of this section is a felony of the fourth degree.

(3) If the offense occurs in or in the immediate vicinity of a pharmacy, a violation of division (A)(1) of this section is a felony of the first degree, and a violation of division (A)(3) of this section is felony of the second degree.

Sec. 2911.13.  (A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.

(B) No person shall trespass on the land or premises of another, with purpose to commit a felony.

(C)(1) Whoever violates this section is guilty of breaking and entering,.

(2) Except as provided in division (C)(3) of this section, breaking and entering is a felony of the fifth degree.

(3) If the offense occurs in or in the immediate vicinity of a pharmacy, breaking and entering is a felony of the fourth degree.

(D) As used in this section, "pharmacy" has the same meaning as in section 2911.02 of the Revised Code.

Section 2.  That existing sections 2911.02, 2911.12, and 2911.13 of the Revised Code are hereby repealed.