Bill Text: OH HB450 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To increase the penalty for assault when the victim is a registered nurse or a licensed practical nurse engaged in the performance of official duties whom the offender knows or has reasonable cause to believe is a registered nurse or a licensed practical nurse.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced - Dead) 2010-02-11 - To Criminal Justice [HB450 Detail]

Download: Ohio-2009-HB450-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 450

Representatives Driehaus, Bolon 

Cosponsors: Representatives Oelslager, Domenick, Yuko, Garland, Gardner, Patten, Chandler, Winburn, Letson 

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A BILL

To amend section 2903.13 of the Revised Code to

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increase the penalty for assault when the victim

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is a registered nurse or a licensed practical

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nurse engaged in the performance of official

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duties whom the offender knows or has reasonable

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cause to believe is a registered nurse or a

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licensed practical nurse.

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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	8
amended to read as follows:	9

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	10
to cause physical harm to another or to another's unborn.	11

(B) No person shall recklessly cause serious physical harm to	12
another or to another's unborn.	13

(C)(1) Whoever violates this section is guilty of assault,	14
and the court shall sentence the offender as provided in this	15
division and divisions (C)(1), (2), (3), (4), (5), and (6) of this	16
section. Except as otherwise provided in division (C)(1), (2),	17
(3), (4), or (5), (6), or (7) of this section, assault is a	18
misdemeanor of the first degree.	19

(1)(2) Except as otherwise provided in this division, if the	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

(2)(3) If the offense is committed in any of the following	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

(3)(4) If the victim of the offense is a peace officer or an	96
investigator of the bureau of criminal identification and	97
investigation, a firefighter, or a person performing emergency	98
medical service, while in the performance of their official	99
duties, assault is a felony of the fourth degree.	100

(4)(5) If the victim of the offense is a peace officer or an	101
investigator of the bureau of criminal identification and	102
investigation and if the victim suffered serious physical harm as	103
a result of the commission of the offense, assault is a felony of	104
the fourth degree, and the court, pursuant to division (F) of	105
section 2929.13 of the Revised Code, shall impose as a mandatory	106
prison term one of the prison terms prescribed for a felony of the	107
fourth degree that is at least twelve months in duration.	108

(5)(6) If the victim of the offense is an officer or employee	109
of a public children services agency or a private child placing	110
agency and the offense relates to the officer's or employee's	111
performance or anticipated performance of official	112
responsibilities or duties, assault is either a felony of the	113
fifth degree or, if the offender previously has been convicted of	114
or pleaded guilty to an offense of violence, the victim of that	115
prior offense was an officer or employee of a public children	116
services agency or private child placing agency, and that prior	117
offense related to the officer's or employee's performance or	118
anticipated performance of official responsibilities or duties, a	119
felony of the fourth degree.	120

(6)(7) If the victim of the offense is a registered nurse or	121
a licensed practical nurse who is licensed under Chapter 4723. of	122
the Revised Code and who is engaged in the performance of the	123
victim's official duties and if the offender knows or has reason	124
to believe that the victim is a registered nurse or a licensed	125
practical nurse, assault is a felony of the fourth degree.	126

(8) If an offender who is convicted of or pleads guilty to	127
assault when it is a misdemeanor also is convicted of or pleads	128
guilty to a specification as described in section 2941.1423 of the	129
Revised Code that was included in the indictment, count in the	130
indictment, or information charging the offense, the court shall	131
sentence the offender to a mandatory jail term as provided in	132
division (G) of section 2929.24 of the Revised Code.	133

If an offender who is convicted of or pleads guilty to	134
assault when it is a felony also is convicted of or pleads guilty	135
to a specification as described in section 2941.1423 of the	136
Revised Code that was included in the indictment, count in the	137
indictment, or information charging the offense, except as	138
otherwise provided in division (C)(4)(5) of this section, the	139
court shall sentence the offender to a mandatory prison term as	140
provided in division (D)(8) of section 2929.14 of the Revised	141
Code.	142

(D) As used in this section:

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(1) "Peace officer" has the same meaning as in section	144
2935.01 of the Revised Code.	145

(2) "Firefighter" has the same meaning as in section 3937.41	146
of the Revised Code.	147

(3) "Emergency medical service" has the same meaning as in	148
section 4765.01 of the Revised Code.	149

(4) "Local correctional facility" means a county,	150
multicounty, municipal, municipal-county, or multicounty-municipal	151
jail or workhouse, a minimum security jail established under	152
section 341.23 or 753.21 of the Revised Code, or another county,	153
multicounty, municipal, municipal-county, or multicounty-municipal	154
facility used for the custody of persons arrested for any crime or	155
delinquent act, persons charged with or convicted of any crime, or	156
persons alleged to be or adjudicated a delinquent child.	157

(5) "Employee of a local correctional facility" means a	158
person who is an employee of the political subdivision or of one	159
or more of the affiliated political subdivisions that operates the	160
local correctional facility and who operates or assists in the	161
operation of the facility.	162

(6) "School teacher or administrator" means either of the	163
following:	164

(a) A person who is employed in the public schools of the	165
state under a contract described in section 3319.08 of the Revised	166
Code in a position in which the person is required to have a	167
certificate issued pursuant to sections 3319.22 to 3319.311 of the	168
Revised Code.	169

(b) A person who is employed by a nonpublic school for which	170
the state board of education prescribes minimum standards under	171
section 3301.07 of the Revised Code and who is certificated in	172
accordance with section 3301.071 of the Revised Code.	173

(7) "Community control sanction" has the same meaning as in	174
section 2929.01 of the Revised Code.	175

(8) "Escorted visit" means an escorted visit granted under	176
section 2967.27 of the Revised Code.	177

(9) "Post-release control" and "transitional control" have	178
the same meanings as in section 2967.01 of the Revised Code.	179

(10) "Investigator of the bureau of criminal identification	180
and investigation" has the same meaning as in section 2903.11 of	181
the Revised Code.	182

Section 2. That existing section 2903.13 of the Revised Code	183
is hereby repealed.	184