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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-Engrossed.html
As Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Winburn, Garland, Pillich, Uecker, Adams, R., Antonio, Baker, Barnes, Beck, Brenner, Celeste, Clyde, Combs, Driehaus, Fedor, Gerberry, Hackett, Hagan, C., Johnson, Luckie, Lundy, Milkovich, Newbold, Patmon, Reece, Ruhl, Schuring, Sears, Slesnick, Stinziano, Szollosi, Weddington, Yuko Speaker Batchelder
A BILL
| To amend section 2903.13 of the Revised Code to | 1 |
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increase the penalty for assault to a felony of | 2 |
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the fourth degree when the victim is a health care | 3 |
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professional, health care worker, or security | 4 |
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officer of a hospital who is engaged in the | 5 |
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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 |