Bill Text: OH HB62 | 2011-2012 | 129th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: To authorize a $5,000 fine for assault when the victim is a hospital health care professional, health care worker, or security officer whom the offender knows or has reasonable cause to know is such a professional, worker, or officer, the victim is engaged in the performance of the victim's duties, and the hospital offers de-escalation or crisis intervention training; to increase the penalty for assault to a felony of the fifth degree when committed against any of the specified hospital personnel in the specified circumstances if the offender previously was convicted of a specified assault or homicide offense committed in those circumstances; to authorize a $5,000 fine for assault when the victim 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 the victim is engaged in the performance of the victim's duties; to increase the penalty for assault to a felony of the fifth degree when committed against any of the specified justice system personnel in the specified circumstances if the offender previously was convicted of a specified assault or homicide offense committed against any of the specified justice system personnel in the specified circumstances; to include felony assault when committed against any of the specified hospital or justice system personnel in the specified circumstances within the community control presumption of the Felony Sentencing Law; to make clarifying changes in that presumption; and to authorize hospitals to post a warning sign indicating that abuse or assault of staff will not be tolerated and might result in a felony conviction.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-03-22 - Effective Date [HB62 Detail]

Download: Ohio-2011-HB62-Comm_Sub.html

---

As Reported by the House Criminal Justice Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 62

Representative Gonzales 

Cosponsors: Representatives Winburn, Garland, Pillich, Uecker 

---

A BILL

To amend section 2903.13 of the Revised Code to

1

increase the penalty for assault to a felony of

2

the fourth degree when the victim is a health care

3

professional, health care worker, or security

4

officer of a hospital who is engaged in the

5

performance of the individual's duties.

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 this	14
division and divisions (C)(1), (2), (3), (4), (5), and (6) of this	15
section. Except as otherwise provided in division (C)(1), (2),	16
(3), (4), or (5), (6), or (7) of this section, assault is a	17
misdemeanor of the first degree.	18

(1)(2) Except as otherwise provided in this division, if the	19
offense is committed by a caretaker against a functionally	20
impaired person under the caretaker's care, assault is a felony of	21
the fourth degree. If the offense is committed by a caretaker	22
against a functionally impaired person under the caretaker's care,	23
if the offender previously has been convicted of or pleaded guilty	24
to a violation of this section or section 2903.11 or 2903.16 of	25
the Revised Code, and if in relation to the previous conviction	26
the offender was a caretaker and the victim was a functionally	27
impaired person under the offender's care, assault is a felony of	28
the third degree.	29

(2)(3) If the offense is committed in any of the following	30
circumstances, assault is a felony of the fifth degree:	31

(a) The offense occurs in or on the grounds of a state	32
correctional institution or an institution of the department of	33
youth services, the victim of the offense is an employee of the	34
department of rehabilitation and correction, the department of	35
youth services, or a probation department or is on the premises of	36
the particular institution for business purposes or as a visitor,	37
and the offense is committed by a person incarcerated in the state	38
correctional institution, by a person institutionalized in the	39
department of youth services institution pursuant to a commitment	40
to the department of youth services, by a parolee, by an offender	41
under transitional control, under a community control sanction, or	42
on an escorted visit, by a person under post-release control, or	43
by an offender under any other type of supervision by a government	44
agency.	45

(b) The offense occurs in or on the grounds of a local	46
correctional facility, the victim of the offense is an employee of	47
the local correctional facility or a probation department or is on	48
the premises of the facility for business purposes or as a	49
visitor, and the offense is committed by a person who is under	50
custody in the facility subsequent to the person's arrest for any	51
crime or delinquent act, subsequent to the person's being charged	52
with or convicted of any crime, or subsequent to the person's	53
being alleged to be or adjudicated a delinquent child.	54

(c) The offense occurs off the grounds of a state	55
correctional institution and off the grounds of an institution of	56
the department of youth services, the victim of the offense is an	57
employee of the department of rehabilitation and correction, the	58
department of youth services, or a probation department, the	59
offense occurs during the employee's official work hours and while	60
the employee is engaged in official work responsibilities, and the	61
offense is committed by a person incarcerated in a state	62
correctional institution or institutionalized in the department of	63
youth services who temporarily is outside of the institution for	64
any purpose, by a parolee, by an offender under transitional	65
control, under a community control sanction, or on an escorted	66
visit, by a person under post-release control, or by an offender	67
under any other type of supervision by a government agency.	68

(d) The offense occurs off the grounds of a local	69
correctional facility, the victim of the offense is an employee of	70
the local correctional facility or a probation department, the	71
offense occurs during the employee's official work hours and while	72
the employee is engaged in official work responsibilities, and the	73
offense is committed by a person who is under custody in the	74
facility subsequent to the person's arrest for any crime or	75
delinquent act, subsequent to the person being charged with or	76
convicted of any crime, or subsequent to the person being alleged	77
to be or adjudicated a delinquent child and who temporarily is	78
outside of the facility for any purpose or by a parolee, by an	79
offender under transitional control, under a community control	80
sanction, or on an escorted visit, by a person under post-release	81
control, or by an offender under any other type of supervision by	82
a government agency.	83

(e) The victim of the offense is a school teacher or	84
administrator or a school bus operator, and the offense occurs in	85
a school, on school premises, in a school building, on a school	86
bus, or while the victim is outside of school premises or a school	87
bus and is engaged in duties or official responsibilities	88
associated with the victim's employment or position as a school	89
teacher or administrator or a school bus operator, including, but	90
not limited to, driving, accompanying, or chaperoning students at	91
or on class or field trips, athletic events, or other school	92
extracurricular activities or functions outside of school	93
premises.	94

(3)(4) If the victim of the offense is a peace officer or an	95
investigator of the bureau of criminal identification and	96
investigation, a firefighter, or a person performing emergency	97
medical service, while in the performance of their official	98
duties, assault is a felony of the fourth degree.	99

(4)(5) If the victim of the offense is a peace officer or an	100
investigator of the bureau of criminal identification and	101
investigation and if the victim suffered serious physical harm as	102
a result of the commission of the offense, assault is a felony of	103
the fourth degree, and the court, pursuant to division (F) of	104
section 2929.13 of the Revised Code, shall impose as a mandatory	105
prison term one of the prison terms prescribed for a felony of the	106
fourth degree that is at least twelve months in duration.	107

(5)(6) If the victim of the offense is an officer or employee	108
of a public children services agency or a private child placing	109
agency and the offense relates to the officer's or employee's	110
performance or anticipated performance of official	111
responsibilities or duties, assault is either a felony of the	112
fifth degree or, if the offender previously has been convicted of	113
or pleaded guilty to an offense of violence, the victim of that	114
prior offense was an officer or employee of a public children	115
services agency or private child placing agency, and that prior	116
offense related to the officer's or employee's performance or	117
anticipated performance of official responsibilities or duties, a	118
felony of the fourth degree.	119

(6)(7) If the victim of the offense is a health care	120
professional, health care worker, or security officer of a	121
hospital who is engaged in the performance of the individual's	122
duties, assault is a felony of the fourth degree.	123

(8) If an offender who is convicted of or pleads guilty to	124
assault when it is a misdemeanor also is convicted of or pleads	125
guilty 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, the court shall	128
sentence the offender to a mandatory jail term as provided in	129
division (G) of section 2929.24 of the Revised Code.	130

If an offender who is convicted of or pleads guilty to	131
assault when it is a felony also is convicted of or pleads guilty	132
to a specification as described in section 2941.1423 of the	133
Revised Code that was included in the indictment, count in the	134
indictment, or information charging the offense, except as	135
otherwise provided in division (C)(4)(5) of this section, the	136
court shall sentence the offender to a mandatory prison term as	137
provided in division (D)(8) of section 2929.14 of the Revised	138
Code.	139

(D) As used in this section:

140

(1) "Peace officer" has the same meaning as in section	141
2935.01 of the Revised Code.	142

(2) "Firefighter" has the same meaning as in section 3937.41	143
of the Revised Code.	144

(3) "Emergency medical service" has the same meaning as in	145
section 4765.01 of the Revised Code.	146

(4) "Local correctional facility" means a county,	147
multicounty, municipal, municipal-county, or multicounty-municipal	148
jail or workhouse, a minimum security jail established under	149
section 341.23 or 753.21 of the Revised Code, or another county,	150
multicounty, municipal, municipal-county, or multicounty-municipal	151
facility used for the custody of persons arrested for any crime or	152
delinquent act, persons charged with or convicted of any crime, or	153
persons alleged to be or adjudicated a delinquent child.	154

(5) "Employee of a local correctional facility" means a	155
person who is an employee of the political subdivision or of one	156
or more of the affiliated political subdivisions that operates the	157
local correctional facility and who operates or assists in the	158
operation of the facility.	159

(6) "School teacher or administrator" means either of the	160
following:	161

(a) A person who is employed in the public schools of the	162
state under a contract described in section 3319.08 of the Revised	163
Code in a position in which the person is required to have a	164
certificate issued pursuant to sections 3319.22 to 3319.311 of the	165
Revised Code.	166

(b) A person who is employed by a nonpublic school for which	167
the state board of education prescribes minimum standards under	168
section 3301.07 of the Revised Code and who is certificated in	169
accordance with section 3301.071 of the Revised Code.	170

(7) "Community control sanction" has the same meaning as in	171
section 2929.01 of the Revised Code.	172

(8) "Escorted visit" means an escorted visit granted under	173
section 2967.27 of the Revised Code.	174

(9) "Post-release control" and "transitional control" have	175
the same meanings as in section 2967.01 of the Revised Code.	176

(10) "Investigator of the bureau of criminal identification	177
and investigation" has the same meaning as in section 2903.11 of	178
the Revised Code.	179

(11) "Health care professional" and "health care worker" have	180
the same meanings as in section 2305.234 of the Revised Code.	181

Section 2. That existing section 2903.13 of the Revised Code	182
is hereby repealed.	183