As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 145


Representative Driehaus 

Cosponsor: Representative Mallory 

A BILL
To amend sections 2903.11, 2903.12, and 2903.13 of 1
the Revised Code to impose the same criminal 2
penalties for assaulting a resident participating 3
in a citizens on patrol program as are imposed for 4
assaulting a peace officer.5


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

       Section 1. That sections 2903.11, 2903.12, and 2903.13 of the 6
Revised Code be amended to read as follows:7

       Sec. 2903.11.  (A) No person shall knowingly do either of the8
following:9

       (1) Cause serious physical harm to another or to another's 10
unborn;11

       (2) Cause or attempt to cause physical harm to another or to 12
another's unborn by means of a deadly weapon or dangerous 13
ordnance.14

       (B) No person, with knowledge that the person has tested 15
positive as a carrier of a virus that causes acquired 16
immunodeficiency syndrome, shall knowingly do any of the 17
following:18

       (1) Engage in sexual conduct with another person without 19
disclosing that knowledge to the other person prior to engaging in 20
the sexual conduct;21

       (2) Engage in sexual conduct with a person whom the offender 22
knows or has reasonable cause to believe lacks the mental capacity 23
to appreciate the significance of the knowledge that the offender 24
has tested positive as a carrier of a virus that causes acquired25
immunodeficiency syndrome;26

       (3) Engage in sexual conduct with a person under eighteen 27
years of age who is not the spouse of the offender.28

       (C) The prosecution of a person under this section does not29
preclude prosecution of that person under section 2907.02 of the 30
Revised Code.31

       (D)(1) Whoever violates this section is guilty of felonious 32
assault, a felony of the second degree. If the victim of a 33
violation of division (A) of this section is a peace officer or,34
an investigator of the bureau of criminal identification and 35
investigation, or a participant in a citizens on patrol program,36
felonious assault is a felony of the first degree. If the victim 37
of the offense is a peace officer or, an investigator of the 38
bureau of criminal identification and investigation, or a 39
participant in a citizens on patrol program and if the victim 40
suffered serious physical harm as a result of the commission of 41
the offense, felonious assault is a felony of the first degree, 42
and the court, pursuant to division (F) of section 2929.13 of the 43
Revised Code, shall impose as a mandatory prison term one of the 44
prison terms prescribed for a felony of the first degree.45

       (2) In addition to any other sanctions imposed pursuant to 46
division (D)(1) of this section for felonious assault committed in 47
violation of division (A)(2) of this section, if the deadly weapon 48
used in the commission of the violation is a motor vehicle, the 49
court shall impose upon the offender a class two suspension of the 50
offender's driver's license, commercial driver's license, 51
temporary instruction permit, probationary license, or nonresident 52
operating privilege as specified in division (A)(2) of section 53
4510.02 of the Revised Code.54

       (E) As used in this section:55

       (1) "Deadly weapon" and "dangerous ordnance" have the same 56
meanings as in section 2923.11 of the Revised Code.57

       (2) "Motor vehicle" has the same meaning as in section 58
4501.01 of the Revised Code.59

       (3) "Peace officer" has the same meaning as in section 60
2935.01 of the Revised Code.61

       (4) "Sexual conduct" has the same meaning as in section 62
2907.01 of the Revised Code, except that, as used in this section, 63
it does not include the insertion of an instrument, apparatus, or 64
other object that is not a part of the body into the vaginal or 65
anal opening of another, unless the offender knew at the time of 66
the insertion that the instrument, apparatus, or other object 67
carried the offender's bodily fluid.68

       (5) "Investigator of the bureau of criminal identification 69
and investigation" means an investigator of the bureau of criminal 70
identification and investigation who is commissioned by the 71
superintendent of the bureau as a special agent for the purpose of 72
assisting law enforcement officers or providing emergency 73
assistance to peace officers pursuant to authority granted under 74
section 109.541 of the Revised Code.75

       (6) "Investigator" has the same meaning as in section 109.541 76
of the Revised Code.77

       (7) "Citizens on patrol program" means a law enforcement 78
volunteer program that is registered with the volunteers in police 79
service program that is administered by the international 80
association of chiefs of police on behalf of the United States 81
department of justice and that is formed in affiliation or 82
association with, and trained by, a law enforcement agency to 83
observe activities within a neighborhood, to report the 84
volunteers' observations to the law enforcement agency, and to 85
take other actions intended to reduce crime in the neighborhood.86

        (8) "Law enforcement agency" has the same meaning as in 87
section 109.573 of the Revised Code and also includes the office 88
of any village marshal, any police force of a metropolitan housing 89
authority, any state university law enforcement department, and 90
the office of any township constable.91

        (9) "Participant in a citizens on patrol program" means a 92
person engaged in or traveling to or from a meeting, neighborhood 93
patrol, or other scheduled activity of a citizens on patrol 94
program. 95

       Sec. 2903.12.  (A) No person, while under the influence of96
sudden passion or in a sudden fit of rage, either of which is97
brought on by serious provocation occasioned by the victim that is 98
reasonably sufficient to incite the person into using deadly99
force, shall knowingly:100

       (1) Cause serious physical harm to another or to another's 101
unborn;102

       (2) Cause or attempt to cause physical harm to another or to 103
another's unborn by means of a deadly weapon or dangerous 104
ordnance, as defined in section 2923.11 of the Revised Code.105

       (B) Whoever violates this section is guilty of aggravated106
assault, a felony of the fourth degree. If the victim of the107
offense is a peace officer or, an investigator of the bureau of 108
criminal identification and investigation, or a participant in a 109
citizens on patrol program, aggravated assault is a felony of the 110
third degree. If the victim of the offense is a peace officer or,111
an investigator of the bureau of criminal identification and 112
investigation, or a participant in a citizens on patrol program,113
and if the victim suffered serious physical harm as a result of 114
the commission of the offense, aggravated assault is a felony of 115
the third degree, and the court, pursuant to division (F) of 116
section 2929.13 of the Revised Code, shall impose as a mandatory 117
prison term one of the prison terms prescribed for a felony of the 118
third degree.119

       (C) As used in this section:120

       (1) "Investigator of the bureau of criminal identification 121
and investigation" has the same meaning as in section 2903.11 of 122
the Revised Code.123

       (2) "Peace officer" has the same meaning as in section 124
2935.01 of the Revised Code.125

       (3) "Citizens on patrol program," "law enforcement agency," 126
and "participant" have the same meanings as in section 2903.11 of 127
the Revised Code.128

       Sec. 2903.13.  (A) No person shall knowingly cause or attempt 129
to cause physical harm to another or to another's unborn.130

       (B) No person shall recklessly cause serious physical harm to 131
another or to another's unborn.132

       (C) Whoever violates this section is guilty of assault. 133
Except as otherwise provided in division (C)(1), (2), (3), (4), or 134
(5) of this section, assault is a misdemeanor of the first degree.135

       (1) Except as otherwise provided in this division, if the136
offense is committed by a caretaker against a functionally137
impaired person under the caretaker's care, assault is a felony of138
the fourth degree. If the offense is committed by a caretaker139
against a functionally impaired person under the caretaker's care,140
if the offender previously has been convicted of or pleaded guilty141
to a violation of this section or section 2903.11 or 2903.16 of142
the Revised Code, and if in relation to the previous conviction143
the offender was a caretaker and the victim was a functionally144
impaired person under the offender's care, assault is a felony of145
the third degree.146

       (2) If the offense is committed in any of the following147
circumstances, assault is a felony of the fifth degree:148

       (a) The offense occurs in or on the grounds of a state149
correctional institution or an institution of the department of150
youth services, the victim of the offense is an employee of the151
department of rehabilitation and correction, the department of152
youth services, or a probation department or is on the premises of153
the particular institution for business purposes or as a visitor,154
and the offense is committed by a person incarcerated in the state155
correctional institution, by a person institutionalized in the156
department of youth services institution pursuant to a commitment157
to the department of youth services, by a parolee, by an offender 158
under transitional control, under a community control sanction, or 159
on an escorted visit, by a person under post-release control, or 160
by an offender under any other type of supervision by a government 161
agency.162

       (b) The offense occurs in or on the grounds of a local163
correctional facility, the victim of the offense is an employee of164
the local correctional facility or a probation department or is on165
the premises of the facility for business purposes or as a166
visitor, and the offense is committed by a person who is under167
custody in the facility subsequent to the person's arrest for any168
crime or delinquent act, subsequent to the person's being charged169
with or convicted of any crime, or subsequent to the person's170
being alleged to be or adjudicated a delinquent child.171

       (c) The offense occurs off the grounds of a state172
correctional institution and off the grounds of an institution of173
the department of youth services, the victim of the offense is an174
employee of the department of rehabilitation and correction, the175
department of youth services, or a probation department, the176
offense occurs during the employee's official work hours and while177
the employee is engaged in official work responsibilities, and the178
offense is committed by a person incarcerated in a state179
correctional institution or institutionalized in the department of180
youth services who temporarily is outside of the institution for181
any purpose, by a parolee, by an offender under transitional 182
control, under a community control sanction, or on an escorted 183
visit, by a person under post-release control, or by an offender 184
under any other type of supervision by a government agency.185

       (d) The offense occurs off the grounds of a local186
correctional facility, the victim of the offense is an employee of187
the local correctional facility or a probation department, the188
offense occurs during the employee's official work hours and while189
the employee is engaged in official work responsibilities, and the190
offense is committed by a person who is under custody in the191
facility subsequent to the person's arrest for any crime or192
delinquent act, subsequent to the person being charged with or193
convicted of any crime, or subsequent to the person being alleged194
to be or adjudicated a delinquent child and who temporarily is195
outside of the facility for any purpose or by a parolee, by an 196
offender under transitional control, under a community control 197
sanction, or on an escorted visit, by a person under post-release198
control, or by an offender under any other type of supervision by 199
a government agency.200

       (e) The victim of the offense is a school teacher or201
administrator or a school bus operator, and the offense occurs in202
a school, on school premises, in a school building, on a school203
bus, or while the victim is outside of school premises or a school204
bus and is engaged in duties or official responsibilities205
associated with the victim's employment or position as a school206
teacher or administrator or a school bus operator, including, but207
not limited to, driving, accompanying, or chaperoning students at208
or on class or field trips, athletic events, or other school209
extracurricular activities or functions outside of school210
premises.211

       (3) If the victim of the offense is a peace officer or an 212
investigator of the bureau of criminal identification and 213
investigation, a firefighter, or a person performing emergency214
medical service, while in the performance of their official 215
duties, or is a participant in a citizens on patrol program,216
assault is a felony of the fourth degree.217

       (4) If the victim of the offense is a peace officer or, an 218
investigator of the bureau of criminal identification and 219
investigation, or a participant in a citizens on patrol program220
and if the victim suffered serious physical harm as a result of 221
the commission of the offense, assault is a felony of the fourth222
degree, and the court, pursuant to division (F) of section 2929.13223
of the Revised Code, shall impose as a mandatory prison term one224
of the prison terms prescribed for a felony of the fourth degree225
that is at least twelve months in duration.226

       (5) If the victim of the offense is an officer or employee of 227
a public children services agency or a private child placing228
agency and the offense relates to the officer's or employee's229
performance or anticipated performance of official230
responsibilities or duties, assault is either a felony of the231
fifth degree or, if the offender previously has been convicted of232
or pleaded guilty to an offense of violence, the victim of that233
prior offense was an officer or employee of a public children234
services agency or private child placing agency, and that prior235
offense related to the officer's or employee's performance or236
anticipated performance of official responsibilities or duties, a237
felony of the fourth degree.238

       (D) As used in this section:239

       (1) "Peace officer" has the same meaning as in section240
2935.01 of the Revised Code.241

       (2) "Firefighter" has the same meaning as in section 3937.41242
of the Revised Code.243

       (3) "Emergency medical service" has the same meaning as in244
section 4765.01 of the Revised Code.245

       (4) "Local correctional facility" means a county,246
multicounty, municipal, municipal-county, or multicounty-municipal247
jail or workhouse, a minimum security jail established under248
section 341.23 or 753.21 of the Revised Code, or another county,249
multicounty, municipal, municipal-county, or multicounty-municipal250
facility used for the custody of persons arrested for any crime or251
delinquent act, persons charged with or convicted of any crime, or252
persons alleged to be or adjudicated a delinquent child.253

       (5) "Employee of a local correctional facility" means a254
person who is an employee of the political subdivision or of one255
or more of the affiliated political subdivisions that operates the256
local correctional facility and who operates or assists in the257
operation of the facility.258

       (6) "School teacher or administrator" means either of the259
following:260

       (a) A person who is employed in the public schools of the261
state under a contract described in section 3319.08 of the Revised262
Code in a position in which the person is required to have a263
certificate issued pursuant to sections 3319.22 to 3319.311 of the264
Revised Code.265

       (b) A person who is employed by a nonpublic school for which266
the state board of education prescribes minimum standards under267
section 3301.07 of the Revised Code and who is certificated in268
accordance with section 3301.071 of the Revised Code.269

       (7) "Community control sanction" has the same meaning as in270
section 2929.01 of the Revised Code.271

       (8) "Escorted visit" means an escorted visit granted under272
section 2967.27 of the Revised Code.273

       (9) "Post-release control" and "transitional control" have274
the same meanings as in section 2967.01 of the Revised Code.275

       (10) "Investigator of the bureau of criminal identification 276
and investigation" has the same meaning as in section 2903.11 of 277
the Revised Code.278

       (11) "Citizens on patrol program," "law enforcement agency," 279
and "participant" have the same meanings as in section 2903.11 of 280
the Revised Code.281

       Section 2. That existing sections 2903.11, 2903.12, and 282
2903.13 of the Revised Code are hereby repealed.283

       Section 3.  Section 2903.11 of the Revised Code is presented 284
in this act as a composite of the section as amended by both Sub. 285
H.B. 347 and Am. Sub. H.B. 461 of the 126th General Assembly. The 286
General Assembly, applying the principle stated in division (B) of 287
section 1.52 of the Revised Code that amendments are to be 288
harmonized if reasonably capable of simultaneous operation, finds 289
that the composite is the resulting version of the section in 290
effect prior to the effective date of the section as presented in 291
this act.292