Bill Text: OH HB384 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To increase to a felony of the fifth degree the penalty for committing assault against an Ohio transit system bus operator or maintenance worker or a contracted employee performing those services for an Ohio transit system.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-11-22 - To Criminal Justice [HB384 Detail]
Download: Ohio-2011-HB384-Introduced.html
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Representatives Driehaus, Pillich
To amend section 2903.13 of the Revised Code to | 1 |
increase to a felony of the fifth degree the | 2 |
penalty for committing assault against an Ohio | 3 |
transit system bus operator or maintenance worker | 4 |
or a contracted employee performing those services | 5 |
for an Ohio transit system. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2903.13 of the Revised Code be | 7 |
amended to read as follows: | 8 |
Sec. 2903.13. (A) No person shall knowingly cause or attempt | 9 |
to cause physical harm to another or to another's unborn. | 10 |
(B) No person shall recklessly cause serious physical harm to | 11 |
another or to another's unborn. | 12 |
(C)(1) Whoever violates this section is guilty of assault, | 13 |
and the court shall sentence the offender as provided in | 14 |
15 | |
and (8) of this section.
| 16 |
(2) Except as otherwise provided in division (C) | 17 |
(3), (4), | 18 |
misdemeanor of the first degree. | 19 |
| 20 |
offense is committed by a caretaker against a functionally | 21 |
impaired person under the caretaker's care, assault is a felony of | 22 |
the fourth degree. If the offense is committed by a caretaker | 23 |
against a functionally impaired person under the caretaker's care, | 24 |
if the offender previously has been convicted of or pleaded guilty | 25 |
to a violation of this section or section 2903.11 or 2903.16 of | 26 |
the Revised Code, and if in relation to the previous conviction | 27 |
the offender was a caretaker and the victim was a functionally | 28 |
impaired person under the offender's care, assault is a felony of | 29 |
the third degree. | 30 |
| 31 |
circumstances, assault is a felony of the fifth degree: | 32 |
(a) The offense occurs in or on the grounds of a state | 33 |
correctional institution or an institution of the department of | 34 |
youth services, the victim of the offense is an employee of the | 35 |
department of rehabilitation and correction, the department of | 36 |
youth services, or a probation department or is on the premises of | 37 |
the particular institution for business purposes or as a visitor, | 38 |
and the offense is committed by a person incarcerated in the state | 39 |
correctional institution, by a person institutionalized in the | 40 |
department of youth services institution pursuant to a commitment | 41 |
to the department of youth services, by a parolee, by an offender | 42 |
under transitional control, under a community control sanction, or | 43 |
on an escorted visit, by a person under post-release control, or | 44 |
by an offender under any other type of supervision by a government | 45 |
agency. | 46 |
(b) The offense occurs in or on the grounds of a local | 47 |
correctional facility, the victim of the offense is an employee of | 48 |
the local correctional facility or a probation department or is on | 49 |
the premises of the facility for business purposes or as a | 50 |
visitor, and the offense is committed by a person who is under | 51 |
custody in the facility subsequent to the person's arrest for any | 52 |
crime or delinquent act, subsequent to the person's being charged | 53 |
with or convicted of any crime, or subsequent to the person's | 54 |
being alleged to be or adjudicated a delinquent child. | 55 |
(c) The offense occurs off the grounds of a state | 56 |
correctional institution and off the grounds of an institution of | 57 |
the department of youth services, the victim of the offense is an | 58 |
employee of the department of rehabilitation and correction, the | 59 |
department of youth services, or a probation department, the | 60 |
offense occurs during the employee's official work hours and while | 61 |
the employee is engaged in official work responsibilities, and the | 62 |
offense is committed by a person incarcerated in a state | 63 |
correctional institution or institutionalized in the department of | 64 |
youth services who temporarily is outside of the institution for | 65 |
any purpose, by a parolee, by an offender under transitional | 66 |
control, under a community control sanction, or on an escorted | 67 |
visit, by a person under post-release control, or by an offender | 68 |
under any other type of supervision by a government agency. | 69 |
(d) The offense occurs off 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, the | 72 |
offense occurs during the employee's official work hours and while | 73 |
the employee is engaged in official work responsibilities, and the | 74 |
offense is committed by a person who is under custody in the | 75 |
facility subsequent to the person's arrest for any crime or | 76 |
delinquent act, subsequent to the person being charged with or | 77 |
convicted of any crime, or subsequent to the person being alleged | 78 |
to be or adjudicated a delinquent child and who temporarily is | 79 |
outside of the facility for any purpose or by a parolee, by an | 80 |
offender under transitional control, under a community control | 81 |
sanction, or on an escorted visit, by a person under post-release | 82 |
control, or by an offender under any other type of supervision by | 83 |
a government agency. | 84 |
(e) The victim of the offense is a school teacher or | 85 |
administrator or a school bus operator, and the offense occurs in | 86 |
a school, on school premises, in a school building, on a school | 87 |
bus, or while the victim is outside of school premises or a school | 88 |
bus and is engaged in duties or official responsibilities | 89 |
associated with the victim's employment or position as a school | 90 |
teacher or administrator or a school bus operator, including, but | 91 |
not limited to, driving, accompanying, or chaperoning students at | 92 |
or on class or field trips, athletic events, or other school | 93 |
extracurricular activities or functions outside of school | 94 |
premises. | 95 |
(f) The victim of the offense is an operator of an Ohio | 96 |
transit system bus, a maintenance worker of an Ohio transit | 97 |
system, or a contracted employee providing services to an Ohio | 98 |
transit system as an operator of a system bus or a maintenance | 99 |
worker for the system, and the offense occurs while the victim is | 100 |
engaged in duties or official responsibilities associated with the | 101 |
victim's employment or position as an operator of an Ohio transit | 102 |
system bus or a maintenance worker of or for an Ohio transit | 103 |
system. | 104 |
| 105 |
investigator of the bureau of criminal identification and | 106 |
investigation, a firefighter, or a person performing emergency | 107 |
medical service, while in the performance of their official | 108 |
duties, assault is a felony of the fourth degree. | 109 |
| 110 |
investigator of the bureau of criminal identification and | 111 |
investigation and if the victim suffered serious physical harm as | 112 |
a result of the commission of the offense, assault is a felony of | 113 |
the fourth degree, and the court, pursuant to division (F) of | 114 |
section 2929.13 of the Revised Code, shall impose as a mandatory | 115 |
prison term one of the prison terms prescribed for a felony of the | 116 |
fourth degree that is at least twelve months in duration. | 117 |
| 118 |
of a public children services agency or a private child placing | 119 |
agency and the offense relates to the officer's or employee's | 120 |
performance or anticipated performance of official | 121 |
responsibilities or duties, assault is either a felony of the | 122 |
fifth degree or, if the offender previously has been convicted of | 123 |
or pleaded guilty to an offense of violence, the victim of that | 124 |
prior offense was an officer or employee of a public children | 125 |
services agency or private child placing agency, and that prior | 126 |
offense related to the officer's or employee's performance or | 127 |
anticipated performance of official responsibilities or duties, a | 128 |
felony of the fourth degree. | 129 |
| 130 |
assault when it is a misdemeanor also is convicted of or pleads | 131 |
guilty to a specification as described in section 2941.1423 of the | 132 |
Revised Code that was included in the indictment, count in the | 133 |
indictment, or information charging the offense, the court shall | 134 |
sentence the offender to a mandatory jail term as provided in | 135 |
division (G) of section 2929.24 of the Revised Code. | 136 |
If an offender who is convicted of or pleads guilty to | 137 |
assault when it is a felony also is convicted of or pleads guilty | 138 |
to a specification as described in section 2941.1423 of the | 139 |
Revised Code that was included in the indictment, count in the | 140 |
indictment, or information charging the offense, except as | 141 |
otherwise provided in division (C) | 142 |
court shall sentence the offender to a mandatory prison term as | 143 |
provided in division (B)(8) of section 2929.14 of the Revised | 144 |
Code. | 145 |
(D) As used in this section: | 146 |
(1) "Peace officer" has the same meaning as in section | 147 |
2935.01 of the Revised Code. | 148 |
(2) "Firefighter" has the same meaning as in section 3937.41 | 149 |
of the Revised Code. | 150 |
(3) "Emergency medical service" has the same meaning as in | 151 |
section 4765.01 of the Revised Code. | 152 |
(4) "Local correctional facility" means a county, | 153 |
multicounty, municipal, municipal-county, or multicounty-municipal | 154 |
jail or workhouse, a minimum security jail established under | 155 |
section 341.23 or 753.21 of the Revised Code, or another county, | 156 |
multicounty, municipal, municipal-county, or multicounty-municipal | 157 |
facility used for the custody of persons arrested for any crime or | 158 |
delinquent act, persons charged with or convicted of any crime, or | 159 |
persons alleged to be or adjudicated a delinquent child. | 160 |
(5) "Employee of a local correctional facility" means a | 161 |
person who is an employee of the political subdivision or of one | 162 |
or more of the affiliated political subdivisions that operates the | 163 |
local correctional facility and who operates or assists in the | 164 |
operation of the facility. | 165 |
(6) "School teacher or administrator" means either of the | 166 |
following: | 167 |
(a) A person who is employed in the public schools of the | 168 |
state under a contract described in section 3319.08 of the Revised | 169 |
Code in a position in which the person is required to have a | 170 |
certificate issued pursuant to sections 3319.22 to 3319.311 of the | 171 |
Revised Code. | 172 |
(b) A person who is employed by a nonpublic school for which | 173 |
the state board of education prescribes minimum standards under | 174 |
section 3301.07 of the Revised Code and who is certificated in | 175 |
accordance with section 3301.071 of the Revised Code. | 176 |
(7) "Community control sanction" has the same meaning as in | 177 |
section 2929.01 of the Revised Code. | 178 |
(8) "Escorted visit" means an escorted visit granted under | 179 |
section 2967.27 of the Revised Code. | 180 |
(9) "Post-release control" and "transitional control" have | 181 |
the same meanings as in section 2967.01 of the Revised Code. | 182 |
(10) "Investigator of the bureau of criminal identification | 183 |
and investigation" has the same meaning as in section 2903.11 of | 184 |
the Revised Code. | 185 |
(11) "Ohio transit system bus" means a motor vehicle of an | 186 |
Ohio transit system that is designed for carrying more than nine | 187 |
passengers and used for the transportation of persons but does not | 188 |
mean any school bus. | 189 |
(12) "Ohio transit system" has the same meaning as in section | 190 |
2305.33 of the Revised Code. | 191 |
(13) "Motor vehicle" has the same meaning as in section | 192 |
4511.01 of the Revised Code. | 193 |
Section 2. That existing section 2903.13 of the Revised Code | 194 |
is hereby repealed. | 195 |