Bill Text: OH HB355 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 15-4)

Status: (Introduced - Dead) 2014-06-04 - Committee Report - A [HB355 Detail]

Download: Ohio-2013-HB355-Comm_Sub.html

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As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 355

Representatives Driehaus, Blair 

Cosponsors: Representatives Celebrezze, Boyd, Grossman, Ashford, Mallory, Blessing, Strahorn, Reece, Phillips, Antonio, Stinziano, Foley, Sheehy, Ramos, Boose, Pillich, Slesnick 

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A BILL

To amend sections 2903.13 and 2917.41 and to enact

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section 306.20 of the Revised Code to increase the

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penalty for assault when the victim is an employee

3

of an Ohio transit system whom the offender knows

4

or has reasonable cause to know is such an

5

employee engaged in the performance of the

6

victim's duties; to permit the court to impose a

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fine of up to $5000 and a six-month or lifetime

8

prohibition from riding an Ohio transit system for

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assault committed in such specified circumstances;

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to authorize Ohio transit systems to post a

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warning sign indicating that abuse or assault of

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staff will not be tolerated and might result in a

13

felony conviction; and to increase the penalty for

14

evading payment of the known fares of a public

15

transportation system.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2903.13 and 2917.41 be amended and	17
section 306.20 of the Revised Code be enacted to read as follows:	18

Sec. 306.20.  (A) Any Ohio transit system may post the notice	19
described in division (B) of this section in accordance with this	20
division. An Ohio transit system that decides to post the notice	21
shall consider posting it in a conspicuous location in all of the	22
transit system's buses and rail cars.	23

(B) A notice posted pursuant to division (A) of this section	24
shall include, at a minimum, all of the following statements and	25
information:	26

"WE WILL NOT TOLERATE	27

any form of threatening or	28

aggressive behavior	29

toward our staff.	30

Assaults against our staff might	31

result in a felony conviction.	32

All staff have the right to carry out	33

their work without fearing for their safety."	34

(C) As used in this section, "Ohio transit system" has the	35
same meaning as in section 2305.33 of the Revised Code.	36

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	37
to cause physical harm to another or to another's unborn.	38

(B) No person shall recklessly cause serious physical harm to	39
another or to another's unborn.	40

(C)(1) Whoever violates this section is guilty of assault,	41
and the court shall sentence the offender as provided in this	42
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	43
(9), and (10), and (11) of this section. Except as otherwise	44
provided in division (C)(2), (3), (4), (5), (6), (7), (8), or (9),	45
or (10) of this section, assault is a misdemeanor of the first	46
degree.	47

(2) Except as otherwise provided in this division, if the	48
offense is committed by a caretaker against a functionally	49
impaired person under the caretaker's care, assault is a felony of	50
the fourth degree. If the offense is committed by a caretaker	51
against a functionally impaired person under the caretaker's care,	52
if the offender previously has been convicted of or pleaded guilty	53
to a violation of this section or section 2903.11 or 2903.16 of	54
the Revised Code, and if in relation to the previous conviction	55
the offender was a caretaker and the victim was a functionally	56
impaired person under the offender's care, assault is a felony of	57
the third degree.	58

(3) If the offense occurs in or on the grounds of a state	59
correctional institution or an institution of the department of	60
youth services, the victim of the offense is an employee of the	61
department of rehabilitation and correction or the department of	62
youth services, and the offense is committed by a person	63
incarcerated in the state correctional institution or by a person	64
institutionalized in the department of youth services institution	65
pursuant to a commitment to the department of youth services,	66
assault is a felony of the third degree.	67

(4) If the offense is committed in any of the following	68
circumstances, assault is a felony of the fifth degree:	69

(a) The offense occurs in or on the grounds of a local	70
correctional facility, the victim of the offense is an employee of	71
the local correctional facility or a probation department or is on	72
the premises of the facility for business purposes or as a	73
visitor, and the offense is committed by a person who is under	74
custody in the facility subsequent to the person's arrest for any	75
crime or delinquent act, subsequent to the person's being charged	76
with or convicted of any crime, or subsequent to the person's	77
being alleged to be or adjudicated a delinquent child.	78

(b) The offense occurs off the grounds of a state	79
correctional institution and off the grounds of an institution of	80
the department of youth services, the victim of the offense is an	81
employee of the department of rehabilitation and correction, the	82
department of youth services, or a probation department, the	83
offense occurs during the employee's official work hours and while	84
the employee is engaged in official work responsibilities, and the	85
offense is committed by a person incarcerated in a state	86
correctional institution or institutionalized in the department of	87
youth services who temporarily is outside of the institution for	88
any purpose, by a parolee, by an offender under transitional	89
control, under a community control sanction, or on an escorted	90
visit, by a person under post-release control, or by an offender	91
under any other type of supervision by a government agency.	92

(c) The offense occurs off the grounds of a local	93
correctional facility, the victim of the offense is an employee of	94
the local correctional facility or a probation department, the	95
offense occurs during the employee's official work hours and while	96
the employee is engaged in official work responsibilities, and the	97
offense is committed by a person who is under custody in the	98
facility subsequent to the person's arrest for any crime or	99
delinquent act, subsequent to the person being charged with or	100
convicted of any crime, or subsequent to the person being alleged	101
to be or adjudicated a delinquent child and who temporarily is	102
outside of the facility for any purpose or by a parolee, by an	103
offender under transitional control, under a community control	104
sanction, or on an escorted visit, by a person under post-release	105
control, or by an offender under any other type of supervision by	106
a government agency.	107

(d) The victim of the offense is a school teacher or	108
administrator or a school bus operator, and the offense occurs in	109
a school, on school premises, in a school building, on a school	110
bus, or while the victim is outside of school premises or a school	111
bus and is engaged in duties or official responsibilities	112
associated with the victim's employment or position as a school	113
teacher or administrator or a school bus operator, including, but	114
not limited to, driving, accompanying, or chaperoning students at	115
or on class or field trips, athletic events, or other school	116
extracurricular activities or functions outside of school	117
premises.	118

(5) If the victim of the offense is a peace officer or an	119
investigator of the bureau of criminal identification and	120
investigation, a firefighter, or a person performing emergency	121
medical service, while in the performance of their official	122
duties, assault is a felony of the fourth degree.	123

(6) If the victim of the offense is a peace officer or an	124
investigator of the bureau of criminal identification and	125
investigation and if the victim suffered serious physical harm as	126
a result of the commission of the offense, assault is a felony of	127
the fourth degree, and the court, pursuant to division (F) of	128
section 2929.13 of the Revised Code, shall impose as a mandatory	129
prison term one of the prison terms prescribed for a felony of the	130
fourth degree that is at least twelve months in duration.	131

(7) If the victim of the offense is an officer or employee of	132
a public children services agency or a private child placing	133
agency and the offense relates to the officer's or employee's	134
performance or anticipated performance of official	135
responsibilities or duties, assault is either a felony of the	136
fifth degree or, if the offender previously has been convicted of	137
or pleaded guilty to an offense of violence, the victim of that	138
prior offense was an officer or employee of a public children	139
services agency or private child placing agency, and that prior	140
offense related to the officer's or employee's performance or	141
anticipated performance of official responsibilities or duties, a	142
felony of the fourth degree.	143

(8) If the victim of the offense is a health care	144
professional of a hospital, a health care worker of a hospital, or	145
a security officer of a hospital whom the offender knows or has	146
reasonable cause to know is a health care professional of a	147
hospital, a health care worker of a hospital, or a security	148
officer of a hospital, if the victim is engaged in the performance	149
of the victim's duties, and if the hospital offers de-escalation	150
or crisis intervention training for such professionals, workers,	151
or officers, assault is one of the following:	152

(a) Except as otherwise provided in division (C)(8)(b) of	153
this section, assault committed in the specified circumstances is	154
a misdemeanor of the first degree. Notwithstanding the fine	155
specified in division (A)(2)(b)(a) of section 2929.28 of the	156
Revised Code for a misdemeanor of the first degree, in sentencing	157
the offender under this division and if the court decides to	158
impose a fine, the court may impose upon the offender a fine of	159
not more than five thousand dollars.	160

(b) If the offender previously has been convicted of or	161
pleaded guilty to one or more assault or homicide offenses	162
committed against hospital personnel, assault committed in the	163
specified circumstances is a felony of the fifth degree.	164

(9) If the victim of the offense is a judge, magistrate,	165
prosecutor, or court official or employee whom the offender knows	166
or has reasonable cause to know is a judge, magistrate,	167
prosecutor, or court official or employee, and if the victim is	168
engaged in the performance of the victim's duties, assault is one	169
of the following:	170

(a) Except as otherwise provided in division (C)(8)(b) of	171
this section, assault committed in the specified circumstances is	172
a misdemeanor of the first degree. In sentencing the offender	173
under this division, if the court decides to impose a fine,	174
notwithstanding the fine specified in division (A)(2)(b)(a) of	175
section 2929.28 of the Revised Code for a misdemeanor of the first	176
degree, the court may impose upon the offender a fine of not more	177
than five thousand dollars.	178

(b) If the offender previously has been convicted of or	179
pleaded guilty to one or more assault or homicide offenses	180
committed against justice system personnel, assault committed in	181
the specified circumstances is a felony of the fifth degree.	182

(10) If the victim of the offense is an operator of an Ohio	183
transit system bus or Ohio transit system rail car, a maintenance	184
worker of an Ohio transit system, or a contracted employee	185
providing any of these services to an Ohio transit system, if the	186
offender knows or has reasonable cause to know that the victim is	187
an operator of an Ohio transit system bus or Ohio transit system	188
rail car, a maintenance worker of an Ohio transit system, or a	189
contracted employee providing any of these services to an Ohio	190
transit system, and if the victim is engaged in the performance of	191
the victim's duties, assault is one of the following:	192

(a) Except as otherwise provided in division (C)(10)(b) of	193
this section, assault committed in the specified circumstances is	194
a felony of the fifth degree. Notwithstanding the fine specified	195
in division (A)(3) of section 2929.18 of the Revised Code for a	196
felony of the fifth degree, if the court decides to impose a fine	197
under this division, the court may impose upon the offender a fine	198
of not more than five thousand dollars. Additionally, the court	199
may prohibit the offender from riding any Ohio transit system bus	200
or Ohio transit system rail car for six months.	201

(b) If the offender previously has been convicted of or	202
pleaded guilty to one or more assault or homicide offenses	203
committed against an operator of an Ohio transit system bus or	204
Ohio transit system rail car, a maintenance worker of an Ohio	205
transit system, or a contracted employee providing any of these	206
services to an Ohio transit system, assault committed in the	207
specified circumstances is a felony of the fourth degree.	208
Additionally, the court may prohibit the offender from riding any	209
Ohio transit system bus or Ohio transit system rail car for the	210
offender's lifetime.	211

(11) If an offender who is convicted of or pleads guilty to	212
assault when it is a misdemeanor also is convicted of or pleads	213
guilty to a specification as described in section 2941.1423 of the	214
Revised Code that was included in the indictment, count in the	215
indictment, or information charging the offense, the court shall	216
sentence the offender to a mandatory jail term as provided in	217
division (G) of section 2929.24 of the Revised Code.	218

If an offender who is convicted of or pleads guilty to	219
assault when it is a felony also is convicted of or pleads guilty	220
to a specification as described in section 2941.1423 of the	221
Revised Code that was included in the indictment, count in the	222
indictment, or information charging the offense, except as	223
otherwise provided in division (C)(6) of this section, the court	224
shall sentence the offender to a mandatory prison term as provided	225
in division (B)(8) of section 2929.14 of the Revised Code.	226

(D) As used in this section:

227

(1) "Peace officer" has the same meaning as in section	228
2935.01 of the Revised Code.	229

(2) "Firefighter" has the same meaning as in section 3937.41	230
of the Revised Code.	231

(3) "Emergency medical service" has the same meaning as in	232
section 4765.01 of the Revised Code.	233

(4) "Local correctional facility" means a county,	234
multicounty, municipal, municipal-county, or multicounty-municipal	235
jail or workhouse, a minimum security jail established under	236
section 341.23 or 753.21 of the Revised Code, or another county,	237
multicounty, municipal, municipal-county, or multicounty-municipal	238
facility used for the custody of persons arrested for any crime or	239
delinquent act, persons charged with or convicted of any crime, or	240
persons alleged to be or adjudicated a delinquent child.	241

(5) "Employee of a local correctional facility" means a	242
person who is an employee of the political subdivision or of one	243
or more of the affiliated political subdivisions that operates the	244
local correctional facility and who operates or assists in the	245
operation of the facility.	246

(6) "School teacher or administrator" means either of the	247
following:	248

(a) A person who is employed in the public schools of the	249
state under a contract described in section 3311.77 or 3319.08 of	250
the Revised Code in a position in which the person is required to	251
have a certificate issued pursuant to sections 3319.22 to 3319.311	252
of the Revised Code.	253

(b) A person who is employed by a nonpublic school for which	254
the state board of education prescribes minimum standards under	255
section 3301.07 of the Revised Code and who is certificated in	256
accordance with section 3301.071 of the Revised Code.	257

(7) "Community control sanction" has the same meaning as in	258
section 2929.01 of the Revised Code.	259

(8) "Escorted visit" means an escorted visit granted under	260
section 2967.27 of the Revised Code.	261

(9) "Post-release control" and "transitional control" have	262
the same meanings as in section 2967.01 of the Revised Code.	263

(10) "Investigator of the bureau of criminal identification	264
and investigation" has the same meaning as in section 2903.11 of	265
the Revised Code.	266

(11) "Health care professional" and "health care worker" have	267
the same meanings as in section 2305.234 of the Revised Code.	268

(12) "Assault or homicide offense committed against hospital	269
personnel" means a violation of this section or of section	270
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	271
2903.14 of the Revised Code committed in circumstances in which	272
all of the following apply:	273

(a) The victim of the offense was a health care professional	274
of a hospital, a health care worker of a hospital, or a security	275
officer of a hospital.	276

(b) The offender knew or had reasonable cause to know that	277
the victim was a health care professional of a hospital, a health	278
care worker of a hospital, or a security officer of a hospital.	279

(c) The victim was engaged in the performance of the victim's	280
duties.	281

(d) The hospital offered de-escalation or crisis intervention	282
training for such professionals, workers, or officers.	283

(13) "De-escalation or crisis intervention training" means	284
de-escalation or crisis intervention training for health care	285
professionals of a hospital, health care workers of a hospital,	286
and security officers of a hospital to facilitate interaction with	287
patients, members of a patient's family, and visitors, including	288
those with mental impairments.	289

(14) "Assault or homicide offense committed against justice	290
system personnel" means a violation of this section or of section	291
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	292
2903.14 of the Revised Code committed in circumstances in which	293
the victim of the offense was a judge, magistrate, prosecutor, or	294
court official or employee whom the offender knew or had	295
reasonable cause to know was a judge, magistrate, prosecutor, or	296
court official or employee, and the victim was engaged in the	297
performance of the victim's duties.	298

(15) "Court official or employee" means any official or	299
employee of a court created under the constitution or statutes of	300
this state or of a United States court located in this state.	301

(16) "Judge" means a judge of a court created under the	302
constitution or statutes of this state or of a United States court	303
located in this state.	304

(17) "Magistrate" means an individual who is appointed by a	305
court of record of this state and who has the powers and may	306
perform the functions specified in Civil Rule 53, Criminal Rule	307
19, or Juvenile Rule 40, or an individual who is appointed by a	308
United States court located in this state who has similar powers	309
and functions.	310

(18) "Prosecutor" has the same meaning as in section 2935.01	311
of the Revised Code.	312

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	313
this section, an institution classified as a hospital under	314
section 3701.01 of the Revised Code in which are provided to	315
patients diagnostic, medical, surgical, obstetrical, psychiatric,	316
or rehabilitation care or a hospital operated by a health	317
maintenance organization.	318

(b) "Hospital" does not include any of the following:

319

(i) A facility licensed under Chapter 3721. of the Revised	320
Code, a health care facility operated by the department of mental	321
health or the department of developmental disabilities, a health	322
maintenance organization that does not operate a hospital, or the	323
office of any private, licensed health care professional, whether	324
organized for individual or group practice;	325

(ii) An institution for the sick that is operated exclusively	326
for patients who use spiritual means for healing and for whom the	327
acceptance of medical care is inconsistent with their religious	328
beliefs, accredited by a national accrediting organization, exempt	329
from federal income taxation under section 501 of the "Internal	330
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	331
and providing twenty-four-hour nursing care pursuant to the	332
exemption in division (E) of section 4723.32 of the Revised Code	333
from the licensing requirements of Chapter 4723. of the Revised	334
Code.	335

(20) "Health maintenance organization" has the same meaning	336
as in section 3727.01 of the Revised Code.	337

(21) "Ohio transit system bus" means a motor vehicle of an	338
Ohio transit system that is designed for carrying more than nine	339
passengers and used for the transportation of persons but does not	340
mean any school bus.	341

(22) "Ohio transit system rail car" means a street rail car,	342
tramline car, subway car, monorail car, or rapid transit car	343
within a ground transportation system having as its primary	344
purpose the regularly scheduled mass movement of passengers	345
between locations within the territorial boundaries of an Ohio	346
transit system.	347

(23) "Ohio transit system" has the same meaning as in section	348
2305.33 of the Revised Code.	349

(24) "Motor vehicle" has the same meaning as in section	350
4511.01 of the Revised Code.	351

(25) "Assault or homicide offense committed against an	352
operator of an Ohio transit system bus or Ohio transit system rail	353
car, a maintenance worker of an Ohio transit system, or a	354
contracted employee providing any of these services to an Ohio	355
transit system" means a violation of this section or of section	356
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	357
2903.14 of the Revised Code committed in circumstances in which	358
all of the following apply:	359

(a) The victim of the offense was an operator of an Ohio	360
transit system bus or Ohio transit system rail car, a maintenance	361
worker of an Ohio transit system, or a contracted employee	362
providing any of these services to an Ohio transit system.	363

(b) The offender knew or had reasonable cause to know that	364
the victim was an operator of an Ohio transit system bus or Ohio	365
transit system rail car, a maintenance worker of an Ohio transit	366
system, or a contracted employee providing any of these services	367
to an Ohio transit system.	368

(c) The victim was engaged in the performance of the victim's	369
duties.	370

Sec. 2917.41.  (A) No person shall evade the payment of the	371
known fares of a public transportation system.	372

(B) No person shall alter any transfer, pass, ticket, or	373
token of a public transportation system with the purpose of	374
evading the payment of fares or of defrauding the system.	375

(C) No person shall do any of the following while in any	376
facility or on any vehicle of a public transportation system:	377

(1) Play sound equipment without the proper use of a private	378
earphone;	379

(2) Smoke, eat, or drink in any area where the activity is	380
clearly marked as being prohibited;	381

(3) Expectorate upon a person, facility, or vehicle.

382

(D) No person shall write, deface, draw, or otherwise mark on	383
any facility or vehicle of a public transportation system.	384

(E) No person shall fail to comply with a lawful order of a	385
public transportation system police officer, and no person shall	386
resist, obstruct, or abuse a public transportation police officer	387
in the performance of the officer's duties.	388

(F) Whoever violates this section is guilty of misconduct	389
involving a public transportation system.	390

(1) Violation of division (A), (B), or (E) of this section is	391
a misdemeanor of the fourthsecond degree.	392

(2) Violation of division (B) or (E) of this section is a	393
misdemeanor of the fourth degree.	394

(3) Violation of division (C) of this section is a minor	395
misdemeanor on a first offense. If a person previously has been	396
convicted of or pleaded guilty to a violation of any division of	397
this section or of a municipal ordinance that is substantially	398
similar to any division of this section, violation of division (C)	399
of this section is a misdemeanor of the fourth degree.	400

(3)(4) Violation of division (D) of this section is a	401
misdemeanor of the third degree.	402

(G) Notwithstanding any other provision of law, seventy-five	403
per cent of each fine paid to satisfy a sentence imposed for a	404
violation of this section shall be deposited into the treasury of	405
the county in which the violation occurred and twenty-five per	406
cent shall be deposited with the county transit board, regional	407
transit authority, or regional transit commission that operates	408
the public transportation system involved in the violation, unless	409
the board of county commissioners operates the public	410
transportation system, in which case one hundred per cent of each	411
fine shall be deposited into the treasury of the county.	412

(H) As used in this section, "public transportation system"	413
means a county transit system operated in accordance with sections	414
306.01 to 306.13 of the Revised Code, a regional transit authority	415
operated in accordance with sections 306.30 to 306.71 of the	416
Revised Code, or a regional transit commission operated in	417
accordance with sections 306.80 to 306.90 of the Revised Code.	418

Section 2. That existing sections 2903.13 and 2917.41 of the	419
Revised Code are hereby repealed.	420