Bill Text: OH HB180 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To make an assault or aggravated menacing committed in a courthouse a felony of the fifth degree.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2009-05-12 - To Criminal Justice [HB180 Detail]

Download: Ohio-2009-HB180-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 180

Representative Letson 

Cosponsors: Representatives Fende, Foley, Okey, Huffman, Yuko, Chandler, Luckie, Brown, Domenick, Boyd 

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A BILL

To amend sections 2903.13 and 2903.21 of the Revised

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Code to make an assault or aggravated menacing

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committed in a courthouse a felony of the fifth

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degree.

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

Section 1. That sections 2903.13 and 2903.21 of the Revised	5
Code be amended to read as follows:	6

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	7
to cause physical harm to another or to another's unborn.	8

(B) No person shall recklessly cause serious physical harm to	9
another or to another's unborn.	10

(C) Whoever violates this section is guilty of assault, and	11
the court shall sentence the offender as provided in this division	12
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	13
Except as otherwise provided in division (C)(1), (2), (3), (4), or	14
(5) of this section, assault is a misdemeanor of the first degree.	15

(1) Except as otherwise provided in this division, if the	16
offense is committed by a caretaker against a functionally	17
impaired person under the caretaker's care, assault is a felony of	18
the fourth degree. If the offense is committed by a caretaker	19
against a functionally impaired person under the caretaker's care,	20
if the offender previously has been convicted of or pleaded guilty	21
to a violation of this section or section 2903.11 or 2903.16 of	22
the Revised Code, and if in relation to the previous conviction	23
the offender was a caretaker and the victim was a functionally	24
impaired person under the offender's care, assault is a felony of	25
the third degree.	26

(2) If the offense is committed in any of the following	27
circumstances, assault is a felony of the fifth degree:	28

(a) The offense occurs in or on the grounds of a state	29
correctional institution or an institution of the department of	30
youth services, the victim of the offense is an employee of the	31
department of rehabilitation and correction, the department of	32
youth services, or a probation department or is on the premises of	33
the particular institution for business purposes or as a visitor,	34
and the offense is committed by a person incarcerated in the state	35
correctional institution, by a person institutionalized in the	36
department of youth services institution pursuant to a commitment	37
to the department of youth services, by a parolee, by an offender	38
under transitional control, under a community control sanction, or	39
on an escorted visit, by a person under post-release control, or	40
by an offender under any other type of supervision by a government	41
agency.	42

(b) The offense occurs in or on the grounds of a local	43
correctional facility, the victim of the offense is an employee of	44
the local correctional facility or a probation department or is on	45
the premises of the facility for business purposes or as a	46
visitor, and the offense is committed by a person who is under	47
custody in the facility subsequent to the person's arrest for any	48
crime or delinquent act, subsequent to the person's being charged	49
with or convicted of any crime, or subsequent to the person's	50
being alleged to be or adjudicated a delinquent child.	51

(c) The offense occurs off the grounds of a state	52
correctional institution and off the grounds of an institution of	53
the department of youth services, the victim of the offense is an	54
employee of the department of rehabilitation and correction, the	55
department of youth services, or a probation department, the	56
offense occurs during the employee's official work hours and while	57
the employee is engaged in official work responsibilities, and the	58
offense is committed by a person incarcerated in a state	59
correctional institution or institutionalized in the department of	60
youth services who temporarily is outside of the institution for	61
any purpose, by a parolee, by an offender under transitional	62
control, under a community control sanction, or on an escorted	63
visit, by a person under post-release control, or by an offender	64
under any other type of supervision by a government agency.	65

(d) The offense occurs off the grounds of a local	66
correctional facility, the victim of the offense is an employee of	67
the local correctional facility or a probation department, the	68
offense occurs during the employee's official work hours and while	69
the employee is engaged in official work responsibilities, and the	70
offense is committed by a person who is under custody in the	71
facility subsequent to the person's arrest for any crime or	72
delinquent act, subsequent to the person being charged with or	73
convicted of any crime, or subsequent to the person being alleged	74
to be or adjudicated a delinquent child and who temporarily is	75
outside of the facility for any purpose or by a parolee, by an	76
offender under transitional control, under a community control	77
sanction, or on an escorted visit, by a person under post-release	78
control, or by an offender under any other type of supervision by	79
a government agency.	80

(e) The victim of the offense is a school teacher or	81
administrator or a school bus operator, and the offense occurs in	82
a school, on school premises, in a school building, on a school	83
bus, or while the victim is outside of school premises or a school	84
bus and is engaged in duties or official responsibilities	85
associated with the victim's employment or position as a school	86
teacher or administrator or a school bus operator, including, but	87
not limited to, driving, accompanying, or chaperoning students at	88
or on class or field trips, athletic events, or other school	89
extracurricular activities or functions outside of school	90
premises.	91

(f) The offense occurs in a courthouse or another building or	92
structure in which a courtroom is located.	93

(3) If the victim of the offense is a peace officer or an	94
investigator of the bureau of criminal identification and	95
investigation, a firefighter, or a person performing emergency	96
medical service, while in the performance of their official	97
duties, assault is a felony of the fourth degree.	98

(4) If the victim of the offense is a peace officer or an	99
investigator of the bureau of criminal identification and	100
investigation and if the victim suffered serious physical harm as	101
a result of the commission of the offense, assault is a felony of	102
the fourth degree, and the court, pursuant to division (F) of	103
section 2929.13 of the Revised Code, shall impose as a mandatory	104
prison term one of the prison terms prescribed for a felony of the	105
fourth degree that is at least twelve months in duration.	106

(5) If the victim of the offense is an officer or employee of	107
a public children services agency or a private child placing	108
agency and the offense relates to the officer's or employee's	109
performance or anticipated performance of official	110
responsibilities or duties, assault is either a felony of the	111
fifth degree or, if the offender previously has been convicted of	112
or pleaded guilty to an offense of violence, the victim of that	113
prior offense was an officer or employee of a public children	114
services agency or private child placing agency, and that prior	115
offense related to the officer's or employee's performance or	116
anticipated performance of official responsibilities or duties, a	117
felony of the fourth degree.	118

(6) If an offender who is convicted of or pleads guilty to	119
assault when it is a misdemeanor also is convicted of or pleads	120
guilty to a specification as described in section 2941.1423 of the	121
Revised Code that was included in the indictment, count in the	122
indictment, or information charging the offense, the court shall	123
sentence the offender to a mandatory jail term as provided in	124
division (G) of section 2929.24 of the Revised Code.	125

If an offender who is convicted of or pleads guilty to	126
assault when it is a felony also is convicted of or pleads guilty	127
to a specification as described in section 2941.1423 of the	128
Revised Code that was included in the indictment, count in the	129
indictment, or information charging the offense, except as	130
otherwise provided in division (C)(4) of this section, the court	131
shall sentence the offender to a mandatory prison term as	132
provided in division (D)(8) of section 2929.14 of the Revised	133
Code.	134

(D) As used in this section:

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(1) "Peace officer" has the same meaning as in section	136
2935.01 of the Revised Code.	137

(2) "Firefighter" has the same meaning as in section 3937.41	138
of the Revised Code.	139

(3) "Emergency medical service" has the same meaning as in	140
section 4765.01 of the Revised Code.	141

(4) "Local correctional facility" means a county,	142
multicounty, municipal, municipal-county, or multicounty-municipal	143
jail or workhouse, a minimum security jail established under	144
section 341.23 or 753.21 of the Revised Code, or another county,	145
multicounty, municipal, municipal-county, or multicounty-municipal	146
facility used for the custody of persons arrested for any crime or	147
delinquent act, persons charged with or convicted of any crime, or	148
persons alleged to be or adjudicated a delinquent child.	149

(5) "Employee of a local correctional facility" means a	150
person who is an employee of the political subdivision or of one	151
or more of the affiliated political subdivisions that operates the	152
local correctional facility and who operates or assists in the	153
operation of the facility.	154

(6) "School teacher or administrator" means either of the	155
following:	156

(a) A person who is employed in the public schools of the	157
state under a contract described in section 3319.08 of the Revised	158
Code in a position in which the person is required to have a	159
certificate issued pursuant to sections 3319.22 to 3319.311 of the	160
Revised Code.	161

(b) A person who is employed by a nonpublic school for which	162
the state board of education prescribes minimum standards under	163
section 3301.07 of the Revised Code and who is certificated in	164
accordance with section 3301.071 of the Revised Code.	165

(7) "Community control sanction" has the same meaning as in	166
section 2929.01 of the Revised Code.	167

(8) "Escorted visit" means an escorted visit granted under	168
section 2967.27 of the Revised Code.	169

(9) "Post-release control" and "transitional control" have	170
the same meanings as in section 2967.01 of the Revised Code.	171

(10) "Investigator of the bureau of criminal identification	172
and investigation" has the same meaning as in section 2903.11 of	173
the Revised Code.	174

Sec. 2903.21.  (A) No person shall knowingly cause another to	175
believe that the offender will cause serious physical harm to the	176
person or property of the other person, the other person's unborn,	177
or a member of the other person's immediate family.	178

(B) Whoever violates this section is guilty of aggravated	179
menacing. Except as otherwise provided in this division,	180
aggravated menacing is a misdemeanor of the first degree. If the	181
victim of the offense is an officer or employee of a public	182
children services agency or a private child placing agency and the	183
offense relates to the officer's or employee's performance or	184
anticipated performance of official responsibilities or duties,	185
aggravated menacing is a felony of the fifth degree or, if the	186
offender previously has been convicted of or pleaded guilty to an	187
offense of violence, the victim of that prior offense was an	188
officer or employee of a public children services agency or	189
private child placing agency, and that prior offense related to	190
the officer's or employee's performance or anticipated performance	191
of official responsibilities or duties, a felony of the fourth	192
degree. If the offense occurs in a courthouse or another building	193
or structure in which a courtroom is located, aggravated menacing	194
is a felony of the fifth degree.	195

Section 2. That existing sections 2903.13 and 2903.21 of the	196
Revised Code are hereby repealed.	197