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Am. H. B. No. 355 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Driehaus, Blair
Cosponsors:
Representatives Celebrezze, Boyd, Grossman, Ashford, Mallory, Blessing, Strahorn, Reece, Phillips, Antonio, Stinziano, Foley, Sheehy, Ramos, Boose, Pillich, Slesnick
A BILL
To amend sections 2903.13 and 2917.41 and to enact
section 306.20 of the Revised Code to increase the
penalty for assault when the victim is an employee
of an Ohio transit system whom the offender knows
or has reasonable cause to know is such an
employee engaged in the performance of the
victim's duties; to permit the court to impose a
fine of up to $5000 and a six-month or lifetime
prohibition from riding an Ohio transit system for
assault committed in such specified circumstances;
to authorize Ohio transit systems to post a
warning sign indicating that abuse or assault of
staff will not be tolerated and might result in a
felony conviction; and to increase the penalty for
evading payment of the known fares of a public
transportation system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.13 and 2917.41 be amended and
section 306.20 of the Revised Code be enacted to read as follows:
Sec. 306.20. (A) Any Ohio transit system may post the notice
described in division (B) of this section in accordance with this
division. An Ohio transit system that decides to post the notice
shall consider posting it in a conspicuous location in all of the
transit system's buses and rail cars.
(B) A notice posted pursuant to division (A) of this section
shall include, at a minimum, all of the following statements and
information:
"WE WILL NOT TOLERATE
any form of threatening or
aggressive behavior
toward our staff.
Assaults against our staff might
result in a felony conviction.
All staff have the right to carry out
their work without fearing for their safety."
(C) As used in this section, "Ohio transit system" has the
same meaning as in section 2305.33 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)(1) 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), (6), (7), (8),
(9), and (10), and (11) of this section. Except as otherwise
provided in division (C)(2), (3), (4), (5), (6), (7), (8), or (9),
or (10) of this section, assault is a misdemeanor of the first
degree.
(2) 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.
(3) If 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 or the department of
youth services, and the offense is committed by a person
incarcerated in the state correctional institution or by a person
institutionalized in the department of youth services institution
pursuant to a commitment to the department of youth services,
assault is a felony of the third degree.
(4) 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 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.
(b) 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.
(c) 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.
(d) 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.
(5) 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.
(6) 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.
(7) 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.
(8) If the victim of the offense is a health care
professional of a hospital, a health care worker of a hospital, or
a security officer of a hospital whom the offender knows or has
reasonable cause to know is a health care professional of a
hospital, a health care worker of a hospital, or a security
officer of a hospital, if the victim is engaged in the performance
of the victim's duties, and if the hospital offers de-escalation
or crisis intervention training for such professionals, workers,
or officers, assault is one of the following:
(a) Except as otherwise provided in division (C)(8)(b) of
this section, assault committed in the specified circumstances is
a misdemeanor of the first degree. Notwithstanding the fine
specified in division (A)(2)(b)(a) of section 2929.28 of the
Revised Code for a misdemeanor of the first degree, in sentencing
the offender under this division and if the court decides to
impose a fine, the court may impose upon the offender a fine of
not more than five thousand dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against hospital personnel, assault committed in the
specified circumstances is a felony of the fifth degree.
(9) If the victim of the offense is a judge, magistrate,
prosecutor, or court official or employee whom the offender knows
or has reasonable cause to know is a judge, magistrate,
prosecutor, or court official or employee, and if the victim is
engaged in the performance of the victim's duties, assault is one
of the following:
(a) Except as otherwise provided in division (C)(8)(b) of
this section, assault committed in the specified circumstances is
a misdemeanor of the first degree. In sentencing the offender
under this division, if the court decides to impose a fine,
notwithstanding the fine specified in division (A)(2)(b)(a) of
section 2929.28 of the Revised Code for a misdemeanor of the first
degree, the court may impose upon the offender a fine of not more
than five thousand dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against justice system personnel, assault committed in
the specified circumstances is a felony of the fifth degree.
(10) If the victim of the offense is an operator of an Ohio
transit system bus or Ohio transit system rail car, a maintenance
worker of an Ohio transit system, or a contracted employee
providing any of these services to an Ohio transit system, if the
offender knows or has reasonable cause to know that the victim is
an operator of an Ohio transit system bus or Ohio transit system
rail car, a maintenance worker of an Ohio transit system, or a
contracted employee providing any of these services to an Ohio
transit system, and if the victim is engaged in the performance of
the victim's duties, assault is one of the following:
(a) Except as otherwise provided in division (C)(10)(b) of
this section, assault committed in the specified circumstances is
a felony of the fifth degree. Notwithstanding the fine specified
in division (A)(3) of section 2929.18 of the Revised Code for a
felony of the fifth degree, if the court decides to impose a fine
under this division, the court may impose upon the offender a fine
of not more than five thousand dollars. Additionally, the court
may prohibit the offender from riding any Ohio transit system bus
or Ohio transit system rail car for six months.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against an operator of an Ohio transit system bus or
Ohio transit system rail car, a maintenance worker of an Ohio
transit system, or a contracted employee providing any of these
services to an Ohio transit system, assault committed in the
specified circumstances is a felony of the fourth degree.
Additionally, the court may prohibit the offender from riding any
Ohio transit system bus or Ohio transit system rail car for the
offender's lifetime.
(11) 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)(6) of this section, the court
shall sentence the offender to a mandatory prison term as provided
in division (B)(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 3311.77 or 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) "Health care professional" and "health care worker" have
the same meanings as in section 2305.234 of the Revised Code.
(12) "Assault or homicide offense committed against hospital
personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which
all of the following apply:
(a) The victim of the offense was a health care professional
of a hospital, a health care worker of a hospital, or a security
officer of a hospital.
(b) The offender knew or had reasonable cause to know that
the victim was a health care professional of a hospital, a health
care worker of a hospital, or a security officer of a hospital.
(c) The victim was engaged in the performance of the victim's
duties.
(d) The hospital offered de-escalation or crisis intervention
training for such professionals, workers, or officers.
(13) "De-escalation or crisis intervention training" means
de-escalation or crisis intervention training for health care
professionals of a hospital, health care workers of a hospital,
and security officers of a hospital to facilitate interaction with
patients, members of a patient's family, and visitors, including
those with mental impairments.
(14) "Assault or homicide offense committed against justice
system personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which
the victim of the offense was a judge, magistrate, prosecutor, or
court official or employee whom the offender knew or had
reasonable cause to know was a judge, magistrate, prosecutor, or
court official or employee, and the victim was engaged in the
performance of the victim's duties.
(15) "Court official or employee" means any official or
employee of a court created under the constitution or statutes of
this state or of a United States court located in this state.
(16) "Judge" means a judge of a court created under the
constitution or statutes of this state or of a United States court
located in this state.
(17) "Magistrate" means an individual who is appointed by a
court of record of this state and who has the powers and may
perform the functions specified in Civil Rule 53, Criminal Rule
19, or Juvenile Rule 40, or an individual who is appointed by a
United States court located in this state who has similar powers
and functions.
(18) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(19)(a) "Hospital" means, subject to division (D)(19)(b) of
this section, an institution classified as a hospital under
section 3701.01 of the Revised Code in which are provided to
patients diagnostic, medical, surgical, obstetrical, psychiatric,
or rehabilitation care or a hospital operated by a health
maintenance organization.
(b) "Hospital" does not include any of the following:
(i) A facility licensed under Chapter 3721. of the Revised
Code, a health care facility operated by the department of mental
health or the department of developmental disabilities, a health
maintenance organization that does not operate a hospital, or the
office of any private, licensed health care professional, whether
organized for individual or group practice;
(ii) An institution for the sick that is operated exclusively
for patients who use spiritual means for healing and for whom the
acceptance of medical care is inconsistent with their religious
beliefs, accredited by a national accrediting organization, exempt
from federal income taxation under section 501 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,
and providing twenty-four-hour nursing care pursuant to the
exemption in division (E) of section 4723.32 of the Revised Code
from the licensing requirements of Chapter 4723. of the Revised
Code.
(20) "Health maintenance organization" has the same meaning
as in section 3727.01 of the Revised Code.
(21) "Ohio transit system bus" means a motor vehicle of an
Ohio transit system that is designed for carrying more than nine
passengers and used for the transportation of persons but does not
mean any school bus.
(22) "Ohio transit system rail car" means a street rail car,
tramline car, subway car, monorail car, or rapid transit car
within a ground transportation system having as its primary
purpose the regularly scheduled mass movement of passengers
between locations within the territorial boundaries of an Ohio
transit system.
(23) "Ohio transit system" has the same meaning as in section
2305.33 of the Revised Code.
(24) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(25) "Assault or homicide offense committed against an
operator of an Ohio transit system bus or Ohio transit system rail
car, a maintenance worker of an Ohio transit system, or a
contracted employee providing any of these services to an Ohio
transit system" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which
all of the following apply:
(a) The victim of the offense was an operator of an Ohio
transit system bus or Ohio transit system rail car, a maintenance
worker of an Ohio transit system, or a contracted employee
providing any of these services to an Ohio transit system.
(b) The offender knew or had reasonable cause to know that
the victim was an operator of an Ohio transit system bus or Ohio
transit system rail car, a maintenance worker of an Ohio transit
system, or a contracted employee providing any of these services
to an Ohio transit system.
(c) The victim was engaged in the performance of the victim's
duties.
Sec. 2917.41. (A) No person shall evade the payment of the
known fares of a public transportation system.
(B) No person shall alter any transfer, pass, ticket, or
token of a public transportation system with the purpose of
evading the payment of fares or of defrauding the system.
(C) No person shall do any of the following while in any
facility or on any vehicle of a public transportation system:
(1) Play sound equipment without the proper use of a private
earphone;
(2) Smoke, eat, or drink in any area where the activity is
clearly marked as being prohibited;
(3) Expectorate upon a person, facility, or vehicle.
(D) No person shall write, deface, draw, or otherwise mark on
any facility or vehicle of a public transportation system.
(E) No person shall fail to comply with a lawful order of a
public transportation system police officer, and no person shall
resist, obstruct, or abuse a public transportation police officer
in the performance of the officer's duties.
(F) Whoever violates this section is guilty of misconduct
involving a public transportation system.
(1) Violation of division (A), (B), or (E) of this section is
a misdemeanor of the fourth second degree.
(2) Violation of division (B) or (E) of this section is a
misdemeanor of the fourth degree.
(3) Violation of division (C) of this section is a minor
misdemeanor on a first offense. If a person previously has been
convicted of or pleaded guilty to a violation of any division of
this section or of a municipal ordinance that is substantially
similar to any division of this section, violation of division (C)
of this section is a misdemeanor of the fourth degree.
(3)(4) Violation of division (D) of this section is a
misdemeanor of the third degree.
(G) Notwithstanding any other provision of law, seventy-five
per cent of each fine paid to satisfy a sentence imposed for a
violation of this section shall be deposited into the treasury of
the county in which the violation occurred and twenty-five per
cent shall be deposited with the county transit board, regional
transit authority, or regional transit commission that operates
the public transportation system involved in the violation, unless
the board of county commissioners operates the public
transportation system, in which case one hundred per cent of each
fine shall be deposited into the treasury of the county.
(H) As used in this section, "public transportation system"
means a county transit system operated in accordance with sections
306.01 to 306.13 of the Revised Code, a regional transit authority
operated in accordance with sections 306.30 to 306.71 of the
Revised Code, or a regional transit commission operated in
accordance with sections 306.80 to 306.90 of the Revised Code.
Section 2. That existing sections 2903.13 and 2917.41 of the
Revised Code are hereby repealed.
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