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H. B. No. 38 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Murray, Weddington
A BILL
To amend section 2903.13 of the Revised Code to
impose the same criminal penalties for assaulting
a school security guard as are imposed for
assaulting a school teacher.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2903.13 of the Revised Code be
amended to read as follows:
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, or a school security
guard, 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, or a school security guard, 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, 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 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.
Section 2. That existing section 2903.13 of the Revised Code
is hereby repealed.
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