Bill Text: OH HB359 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To impose the same criminal penalties for assaulting a school security guard as are imposed for assaulting a school teacher.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2009-11-10 - To Criminal Justice [HB359 Detail]

Download: Ohio-2009-HB359-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 359

Representative Luckie 

Cosponsors: Representatives Williams, B., Ujvagi, Murray, Fende, Yuko, Domenick, Brown, Williams, S., Stewart 

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A BILL

To amend section 2903.13 of the Revised Code to

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impose the same criminal penalties for assaulting

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a school security guard as are imposed for

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assaulting a school teacher.

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

Section 1. That section 2903.13 of the Revised Code be	5
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, or a school security	82
guard, and the offense occurs in a school, on school premises, in	83
a school building, on a school bus, or while the victim is outside	84
of school premises or a school bus and is engaged in duties or	85
official responsibilities associated with the victim's employment	86
or position as a school teacher or administrator or, a school bus	87
operator, or a school security guard, including, but not limited	88
to, driving, accompanying, or chaperoning students at or on class	89
or field trips, athletic events, or other school extracurricular	90
activities or functions outside of school premises.	91

(3) If the victim of the offense is a peace officer or an	92
investigator of the bureau of criminal identification and	93
investigation, a firefighter, or a person performing emergency	94
medical service, while in the performance of their official	95
duties, assault is a felony of the fourth degree.	96

(4) If the victim of the offense is a peace officer or an	97
investigator of the bureau of criminal identification and	98
investigation and if the victim suffered serious physical harm as	99
a result of the commission of the offense, assault is a felony of	100
the fourth degree, and the court, pursuant to division (F) of	101
section 2929.13 of the Revised Code, shall impose as a mandatory	102
prison term one of the prison terms prescribed for a felony of the	103
fourth degree that is at least twelve months in duration.	104

(5) If the victim of the offense is an officer or employee of	105
a public children services agency or a private child placing	106
agency and the offense relates to the officer's or employee's	107
performance or anticipated performance of official	108
responsibilities or duties, assault is either a felony of the	109
fifth degree or, if the offender previously has been convicted of	110
or pleaded guilty to an offense of violence, the victim of that	111
prior offense was an officer or employee of a public children	112
services agency or private child placing agency, and that prior	113
offense related to the officer's or employee's performance or	114
anticipated performance of official responsibilities or duties, a	115
felony of the fourth degree.	116

(6) If an offender who is convicted of or pleads guilty to	117
assault when it is a misdemeanor also is convicted of or pleads	118
guilty to a specification as described in section 2941.1423 of the	119
Revised Code that was included in the indictment, count in the	120
indictment, or information charging the offense, the court shall	121
sentence the offender to a mandatory jail term as provided in	122
division (G) of section 2929.24 of the Revised Code.	123

If an offender who is convicted of or pleads guilty to	124
assault when it is a felony also is convicted of or pleads guilty	125
to a specification as described in section 2941.1423 of the	126
Revised Code that was included in the indictment, count in the	127
indictment, or information charging the offense, except as	128
otherwise provided in division (C)(4) of this section, the court	129
shall sentence the offender to a mandatory prison term as	130
provided in division (D)(8) of section 2929.14 of the Revised	131
Code.	132

(D) As used in this section:

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(1) "Peace officer" has the same meaning as in section	134
2935.01 of the Revised Code.	135

(2) "Firefighter" has the same meaning as in section 3937.41	136
of the Revised Code.	137

(3) "Emergency medical service" has the same meaning as in	138
section 4765.01 of the Revised Code.	139

(4) "Local correctional facility" means a county,	140
multicounty, municipal, municipal-county, or multicounty-municipal	141
jail or workhouse, a minimum security jail established under	142
section 341.23 or 753.21 of the Revised Code, or another county,	143
multicounty, municipal, municipal-county, or multicounty-municipal	144
facility used for the custody of persons arrested for any crime or	145
delinquent act, persons charged with or convicted of any crime, or	146
persons alleged to be or adjudicated a delinquent child.	147

(5) "Employee of a local correctional facility" means a	148
person who is an employee of the political subdivision or of one	149
or more of the affiliated political subdivisions that operates the	150
local correctional facility and who operates or assists in the	151
operation of the facility.	152

(6) "School teacher or administrator" means either of the	153
following:	154

(a) A person who is employed in the public schools of the	155
state under a contract described in section 3319.08 of the Revised	156
Code in a position in which the person is required to have a	157
certificate issued pursuant to sections 3319.22 to 3319.311 of the	158
Revised Code.	159

(b) A person who is employed by a nonpublic school for which	160
the state board of education prescribes minimum standards under	161
section 3301.07 of the Revised Code and who is certificated in	162
accordance with section 3301.071 of the Revised Code.	163

(7) "Community control sanction" has the same meaning as in	164
section 2929.01 of the Revised Code.	165

(8) "Escorted visit" means an escorted visit granted under	166
section 2967.27 of the Revised Code.	167

(9) "Post-release control" and "transitional control" have	168
the same meanings as in section 2967.01 of the Revised Code.	169

(10) "Investigator of the bureau of criminal identification	170
and investigation" has the same meaning as in section 2903.11 of	171
the Revised Code.	172

Section 2. That existing section 2903.13 of the Revised Code	173
is hereby repealed.	174