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H. B. No. 90 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Murray, Yuko, Pillich, Mallory
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 law enforcement 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 law enforcement 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 law enforcement 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 law enforcement 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 law enforcement volunteer
program" means a person engaged in or traveling to or from a
meeting, neighborhood patrol, or other scheduled activity of a
uniformed law enforcement 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 law enforcement 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 law enforcement
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 law enforcement volunteer program," "law
enforcement agency," and "participant in a uniformed law
enforcement 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
law enforcement 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 law enforcement 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 law enforcement volunteer program," "law
enforcement agency," and "participant in a uniformed law
enforcement 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.
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