Bill Text: OH SB107 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To increase the penalty for assault when the victim is an employee of an Ohio transit system whom the offender knows or has reasonable cause to know is such an employee engaged in the performance of the victim's duties; to permit the court to impose a fine of up to $5000 and a six-month or lifetime prohibition from riding an Ohio transit system for assault committed in such specified circumstances; to authorize Ohio transit systems to post a warning sign indicating that abuse or assault of staff will not be tolerated and might result in a felony conviction; and to increase the penalty for evading payment of the known fares of a public transportation system.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-10 - To Criminal Justice [SB107 Detail]

Download: Ohio-2013-SB107-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 107

Senators Patton, Turner 

Cosponsors: Senators Hughes, LaRose, Brown, Tavares 

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A BILL

To amend sections 2903.13 and 2917.41 and to enact

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section 306.20 of the Revised Code to increase the

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penalty for assault when the victim is an employee

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of an Ohio transit system whom the offender knows

4

or has reasonable cause to know is such an

5

employee engaged in the performance of the

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victim's duties; to permit the court to impose a

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fine of up to $5000 and a six-month or lifetime

8

prohibition from riding an Ohio transit system for

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assault committed in such specified circumstances;

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to authorize Ohio transit systems to post a

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warning sign indicating that abuse or assault of

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staff will not be tolerated and might result in a

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felony conviction; and to increase the penalty for

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evading payment of the known fares of a public

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transportation system.

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

Section 1.  That sections 2903.13 and 2917.41 be amended and	17
section 306.20 of the Revised Code be enacted to read as follows:	18

Sec. 306.20.  (A) Any Ohio transit system may post the notice	19
described in division (B) of this section in accordance with this	20
division. An Ohio transit system that decides to post the notice	21
shall consider posting it in a conspicuous location in all of the	22
transit system's buses and rail cars.	23

(B) A notice posted pursuant to division (A) of this section	24
shall include, at a minimum, all of the following statements and	25
information:	26

"WE WILL NOT TOLERATE	27

any form of threatening or	28

aggressive behavior	29

toward our staff.	30

Assaults against our staff might	31

result in a felony conviction.	32

All staff have the right to carry out	33

their work without fearing for their safety."	34

(C) As used in this section, "Ohio transit system" has the	35
same meaning as in section 2305.33 of the Revised Code.	36

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	37
to cause physical harm to another or to another's unborn.	38

(B) No person shall recklessly cause serious physical harm to	39
another or to another's unborn.	40

(C)(1) Whoever violates this section is guilty of assault,	41
and the court shall sentence the offender as provided in this	42
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	43
and (9), and (10) of this section. Except as otherwise provided in	44
division (C)(2), (3), (4), (5), (6), (7), or (8), or (9) of this	45
section, assault is a misdemeanor of the first degree.	46

(2) Except as otherwise provided in this division, if the	47
offense is committed by a caretaker against a functionally	48
impaired person under the caretaker's care, assault is a felony of	49
the fourth degree. If the offense is committed by a caretaker	50
against a functionally impaired person under the caretaker's care,	51
if the offender previously has been convicted of or pleaded guilty	52
to a violation of this section or section 2903.11 or 2903.16 of	53
the Revised Code, and if in relation to the previous conviction	54
the offender was a caretaker and the victim was a functionally	55
impaired person under the offender's care, assault is a felony of	56
the third degree.	57

(3) If the offense is committed in any of the following	58
circumstances, assault is a felony of the fifth degree:	59

(a) The offense occurs in or on the grounds of a state	60
correctional institution or an institution of the department of	61
youth services, the victim of the offense is an employee of the	62
department of rehabilitation and correction, the department of	63
youth services, or a probation department or is on the premises of	64
the particular institution for business purposes or as a visitor,	65
and the offense is committed by a person incarcerated in the state	66
correctional institution, by a person institutionalized in the	67
department of youth services institution pursuant to a commitment	68
to the department of youth services, by a parolee, by an offender	69
under transitional control, under a community control sanction, or	70
on an escorted visit, by a person under post-release control, or	71
by an offender under any other type of supervision by a government	72
agency.	73

(b) The offense occurs in or on the grounds of a local	74
correctional facility, the victim of the offense is an employee of	75
the local correctional facility or a probation department or is on	76
the premises of the facility for business purposes or as a	77
visitor, and the offense is committed by a person who is under	78
custody in the facility subsequent to the person's arrest for any	79
crime or delinquent act, subsequent to the person's being charged	80
with or convicted of any crime, or subsequent to the person's	81
being alleged to be or adjudicated a delinquent child.	82

(c) The offense occurs off the grounds of a state	83
correctional institution and off the grounds of an institution of	84
the department of youth services, the victim of the offense is an	85
employee of the department of rehabilitation and correction, the	86
department of youth services, or a probation department, the	87
offense occurs during the employee's official work hours and while	88
the employee is engaged in official work responsibilities, and the	89
offense is committed by a person incarcerated in a state	90
correctional institution or institutionalized in the department of	91
youth services who temporarily is outside of the institution for	92
any purpose, by a parolee, by an offender under transitional	93
control, under a community control sanction, or on an escorted	94
visit, by a person under post-release control, or by an offender	95
under any other type of supervision by a government agency.	96

(d) The offense occurs off the grounds of a local	97
correctional facility, the victim of the offense is an employee of	98
the local correctional facility or a probation department, the	99
offense occurs during the employee's official work hours and while	100
the employee is engaged in official work responsibilities, and the	101
offense is committed by a person who is under custody in the	102
facility subsequent to the person's arrest for any crime or	103
delinquent act, subsequent to the person being charged with or	104
convicted of any crime, or subsequent to the person being alleged	105
to be or adjudicated a delinquent child and who temporarily is	106
outside of the facility for any purpose or by a parolee, by an	107
offender under transitional control, under a community control	108
sanction, or on an escorted visit, by a person under post-release	109
control, or by an offender under any other type of supervision by	110
a government agency.	111

(e) The victim of the offense is a school teacher or	112
administrator or a school bus operator, and the offense occurs in	113
a school, on school premises, in a school building, on a school	114
bus, or while the victim is outside of school premises or a school	115
bus and is engaged in duties or official responsibilities	116
associated with the victim's employment or position as a school	117
teacher or administrator or a school bus operator, including, but	118
not limited to, driving, accompanying, or chaperoning students at	119
or on class or field trips, athletic events, or other school	120
extracurricular activities or functions outside of school	121
premises.	122

(4) If the victim of the offense is a peace officer or an	123
investigator of the bureau of criminal identification and	124
investigation, a firefighter, or a person performing emergency	125
medical service, while in the performance of their official	126
duties, assault is a felony of the fourth degree.	127

(5) If the victim of the offense is a peace officer or an	128
investigator of the bureau of criminal identification and	129
investigation and if the victim suffered serious physical harm as	130
a result of the commission of the offense, assault is a felony of	131
the fourth degree, and the court, pursuant to division (F) of	132
section 2929.13 of the Revised Code, shall impose as a mandatory	133
prison term one of the prison terms prescribed for a felony of the	134
fourth degree that is at least twelve months in duration.	135

(6) If the victim of the offense is an officer or employee of	136
a public children services agency or a private child placing	137
agency and the offense relates to the officer's or employee's	138
performance or anticipated performance of official	139
responsibilities or duties, assault is either a felony of the	140
fifth degree or, if the offender previously has been convicted of	141
or pleaded guilty to an offense of violence, the victim of that	142
prior offense was an officer or employee of a public children	143
services agency or private child placing agency, and that prior	144
offense related to the officer's or employee's performance or	145
anticipated performance of official responsibilities or duties, a	146
felony of the fourth degree.	147

(7) If the victim of the offense is a health care	148
professional of a hospital, a health care worker of a hospital, or	149
a security officer of a hospital whom the offender knows or has	150
reasonable cause to know is a health care professional of a	151
hospital, a health care worker of a hospital, or a security	152
officer of a hospital, if the victim is engaged in the performance	153
of the victim's duties, and if the hospital offers de-escalation	154
or crisis intervention training for such professionals, workers,	155
or officers, assault is one of the following:	156

(a) Except as otherwise provided in division (C)(7)(b) of	157
this section, assault committed in the specified circumstances is	158
a misdemeanor of the first degree. Notwithstanding the fine	159
specified in division (A)(2)(b)(a) of section 2929.28 of the	160
Revised Code for a misdemeanor of the first degree, in sentencing	161
the offender under this division and if the court decides to	162
impose a fine, the court may impose upon the offender a fine of	163
not more than five thousand dollars.	164

(b) If the offender previously has been convicted of or	165
pleaded guilty to one or more assault or homicide offenses	166
committed against hospital personnel, assault committed in the	167
specified circumstances is a felony of the fifth degree.	168

(8) If the victim of the offense is a judge, magistrate,	169
prosecutor, or court official or employee whom the offender knows	170
or has reasonable cause to know is a judge, magistrate,	171
prosecutor, or court official or employee, and if the victim is	172
engaged in the performance of the victim's duties, assault is one	173
of the following:	174

(a) Except as otherwise provided in division (C)(7)(b) of	175
this section, assault committed in the specified circumstances is	176
a misdemeanor of the first degree. In sentencing the offender	177
under this division, if the court decides to impose a fine,	178
notwithstanding the fine specified in division (A)(2)(b)(a) of	179
section 2929.28 of the Revised Code for a misdemeanor of the first	180
degree, the court may impose upon the offender a fine of not more	181
than five thousand dollars.	182

(b) If the offender previously has been convicted of or	183
pleaded guilty to one or more assault or homicide offenses	184
committed against justice system personnel, assault committed in	185
the specified circumstances is a felony of the fifth degree.	186

(9) If the victim of the offense is an operator of an Ohio	187
transit system bus or Ohio transit system rail car, a maintenance	188
worker of an Ohio transit system, or a contracted employee	189
providing any of these services to an Ohio transit system, if the	190
offender knows or has reasonable cause to know that the victim is	191
an operator of an Ohio transit system bus or Ohio transit system	192
rail car, a maintenance worker of an Ohio transit system, or a	193
contracted employee providing any of these services to an Ohio	194
transit system, and if the victim is engaged in the performance of	195
the victim's duties, assault is one of the following:	196

(a) Except as otherwise provided in division (C)(9)(b) of	197
this section, assault committed in the specified circumstances is	198
a felony of the fifth degree. Notwithstanding the fine specified	199
in division (A)(3) of section 2929.18 of the Revised Code for a	200
felony of the fifth degree, if the court decides to impose a fine	201
under this division, the court may impose upon the offender a fine	202
of not more than five thousand dollars. Additionally, the court	203
may prohibit the offender from riding any Ohio transit system bus	204
or Ohio transit system rail car for six months.	205

(b) If the offender previously has been convicted of or	206
pleaded guilty to one or more assault or homicide offenses	207
committed against an operator of an Ohio transit system bus or	208
Ohio transit system rail car, a maintenance worker of an Ohio	209
transit system, or a contracted employee providing any of these	210
services to an Ohio transit system, assault committed in the	211
specified circumstances is a felony of the fourth degree.	212
Additionally, the court may prohibit the offender from riding any	213
Ohio transit system bus or Ohio transit system rail car for the	214
offender's lifetime.	215

(10) If an offender who is convicted of or pleads guilty to	216
assault when it is a misdemeanor also is convicted of or pleads	217
guilty to a specification as described in section 2941.1423 of the	218
Revised Code that was included in the indictment, count in the	219
indictment, or information charging the offense, the court shall	220
sentence the offender to a mandatory jail term as provided in	221
division (G) of section 2929.24 of the Revised Code.	222

If an offender who is convicted of or pleads guilty to	223
assault when it is a felony also is convicted of or pleads guilty	224
to a specification as described in section 2941.1423 of the	225
Revised Code that was included in the indictment, count in the	226
indictment, or information charging the offense, except as	227
otherwise provided in division (C)(5) of this section, the court	228
shall sentence the offender to a mandatory prison term as provided	229
in division (B)(8) of section 2929.14 of the Revised Code.	230

(D) As used in this section:

231

(1) "Peace officer" has the same meaning as in section	232
2935.01 of the Revised Code.	233

(2) "Firefighter" has the same meaning as in section 3937.41	234
of the Revised Code.	235

(3) "Emergency medical service" has the same meaning as in	236
section 4765.01 of the Revised Code.	237

(4) "Local correctional facility" means a county,	238
multicounty, municipal, municipal-county, or multicounty-municipal	239
jail or workhouse, a minimum security jail established under	240
section 341.23 or 753.21 of the Revised Code, or another county,	241
multicounty, municipal, municipal-county, or multicounty-municipal	242
facility used for the custody of persons arrested for any crime or	243
delinquent act, persons charged with or convicted of any crime, or	244
persons alleged to be or adjudicated a delinquent child.	245

(5) "Employee of a local correctional facility" means a	246
person who is an employee of the political subdivision or of one	247
or more of the affiliated political subdivisions that operates the	248
local correctional facility and who operates or assists in the	249
operation of the facility.	250

(6) "School teacher or administrator" means either of the	251
following:	252

(a) A person who is employed in the public schools of the	253
state under a contract described in section 3311.77 or 3319.08 of	254
the Revised Code in a position in which the person is required to	255
have a certificate issued pursuant to sections 3319.22 to 3319.311	256
of the Revised Code.	257

(b) A person who is employed by a nonpublic school for which	258
the state board of education prescribes minimum standards under	259
section 3301.07 of the Revised Code and who is certificated in	260
accordance with section 3301.071 of the Revised Code.	261

(7) "Community control sanction" has the same meaning as in	262
section 2929.01 of the Revised Code.	263

(8) "Escorted visit" means an escorted visit granted under	264
section 2967.27 of the Revised Code.	265

(9) "Post-release control" and "transitional control" have	266
the same meanings as in section 2967.01 of the Revised Code.	267

(10) "Investigator of the bureau of criminal identification	268
and investigation" has the same meaning as in section 2903.11 of	269
the Revised Code.	270

(11) "Health care professional" and "health care worker" have	271
the same meanings as in section 2305.234 of the Revised Code.	272

(12) "Assault or homicide offense committed against hospital	273
personnel" means a violation of this section or of section	274
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	275
2903.14 of the Revised Code committed in circumstances in which	276
all of the following apply:	277

(a) The victim of the offense was a health care professional	278
of a hospital, a health care worker of a hospital, or a security	279
officer of a hospital.	280

(b) The offender knew or had reasonable cause to know that	281
the victim was a health care professional of a hospital, a health	282
care worker of a hospital, or a security officer of a hospital.	283

(c) The victim was engaged in the performance of the victim's	284
duties.	285

(d) The hospital offered de-escalation or crisis intervention	286
training for such professionals, workers, or officers.	287

(13) "De-escalation or crisis intervention training" means	288
de-escalation or crisis intervention training for health care	289
professionals of a hospital, health care workers of a hospital,	290
and security officers of a hospital to facilitate interaction with	291
patients, members of a patient's family, and visitors, including	292
those with mental impairments.	293

(14) "Assault or homicide offense committed against justice	294
system personnel" means a violation of this section or of section	295
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	296
2903.14 of the Revised Code committed in circumstances in which	297
the victim of the offense was a judge, magistrate, prosecutor, or	298
court official or employee whom the offender knew or had	299
reasonable cause to know was a judge, magistrate, prosecutor, or	300
court official or employee, and the victim was engaged in the	301
performance of the victim's duties.	302

(15) "Court official or employee" means any official or	303
employee of a court created under the constitution or statutes of	304
this state or of a United States court located in this state.	305

(16) "Judge" means a judge of a court created under the	306
constitution or statutes of this state or of a United States court	307
located in this state.	308

(17) "Magistrate" means an individual who is appointed by a	309
court of record of this state and who has the powers and may	310
perform the functions specified in Civil Rule 53, Criminal Rule	311
19, or Juvenile Rule 40, or an individual who is appointed by a	312
United States court located in this state who has similar powers	313
and functions.	314

(18) "Prosecutor" has the same meaning as in section 2935.01	315
of the Revised Code.	316

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	317
this section, an institution classified as a hospital under	318
section 3701.01 of the Revised Code in which are provided to	319
patients diagnostic, medical, surgical, obstetrical, psychiatric,	320
or rehabilitation care or a hospital operated by a health	321
maintenance organization.	322

(b) "Hospital" does not include any of the following:

323

(i) A facility licensed under Chapter 3721. of the Revised	324
Code, a health care facility operated by the department of mental	325
health or the department of developmental disabilities, a health	326
maintenance organization that does not operate a hospital, or the	327
office of any private, licensed health care professional, whether	328
organized for individual or group practice;	329

(ii) An institution for the sick that is operated exclusively	330
for patients who use spiritual means for healing and for whom the	331
acceptance of medical care is inconsistent with their religious	332
beliefs, accredited by a national accrediting organization, exempt	333
from federal income taxation under section 501 of the "Internal	334
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	335
and providing twenty-four-hour nursing care pursuant to the	336
exemption in division (E) of section 4723.32 of the Revised Code	337
from the licensing requirements of Chapter 4723. of the Revised	338
Code.	339

(20) "Health maintenance organization" has the same meaning	340
as in section 3727.01 of the Revised Code.	341

(21) "Ohio transit system bus" means a motor vehicle of an	342
Ohio transit system that is designed for carrying more than nine	343
passengers and used for the transportation of persons but does not	344
mean any school bus.	345

(22) "Ohio transit system rail car" means a street rail car,	346
tramline car, subway car, monorail car, or rapid transit car	347
within a ground transportation system having as its primary	348
purpose the regularly scheduled mass movement of passengers	349
between locations within the territorial boundaries of an Ohio	350
transit system.	351

(23) "Ohio transit system" has the same meaning as in section	352
2305.33 of the Revised Code.	353

(24) "Motor vehicle" has the same meaning as in section	354
4511.01 of the Revised Code.	355

(25) "Assault or homicide offense committed against an	356
operator of an Ohio transit system bus or Ohio transit system rail	357
car, a maintenance worker of an Ohio transit system, or a	358
contracted employee providing any of these services to an Ohio	359
transit system" means a violation of this section or of section	360
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	361
2903.14 of the Revised Code committed in circumstances in which	362
all of the following apply:	363

(a) The victim of the offense was an operator of an Ohio	364
transit system bus or Ohio transit system rail car, a maintenance	365
worker of an Ohio transit system, or a contracted employee	366
providing any of these services to an Ohio transit system.	367

(b) The offender knew or had reasonable cause to know that	368
the victim was an operator of an Ohio transit system bus or Ohio	369
transit system rail car, a maintenance worker of an Ohio transit	370
system, or a contracted employee providing any of these services	371
to an Ohio transit system.	372

(c) The victim was engaged in the performance of the victim's	373
duties.	374

Sec. 2917.41.  (A) No person shall evade the payment of the	375
known fares of a public transportation system.	376

(B) No person shall alter any transfer, pass, ticket, or	377
token of a public transportation system with the purpose of	378
evading the payment of fares or of defrauding the system.	379

(C) No person shall do any of the following while in any	380
facility or on any vehicle of a public transportation system:	381

(1) Play sound equipment without the proper use of a private	382
earphone;	383

(2) Smoke, eat, or drink in any area where the activity is	384
clearly marked as being prohibited;	385

(3) Expectorate upon a person, facility, or vehicle.

386

(D) No person shall write, deface, draw, or otherwise mark on	387
any facility or vehicle of a public transportation system.	388

(E) No person shall fail to comply with a lawful order of a	389
public transportation system police officer, and no person shall	390
resist, obstruct, or abuse a public transportation police officer	391
in the performance of the officer's duties.	392

(F) Whoever violates this section is guilty of misconduct	393
involving a public transportation system.	394

(1) Violation of division (A), (B), or (E) of this section is	395
a misdemeanor of the fourthsecond degree.	396

(2) Violation of division (B) or (E) of this section is a	397
misdemeanor of the fourth degree.	398

(3) Violation of division (C) of this section is a minor	399
misdemeanor on a first offense. If a person previously has been	400
convicted of or pleaded guilty to a violation of any division of	401
this section or of a municipal ordinance that is substantially	402
similar to any division of this section, violation of division (C)	403
of this section is a misdemeanor of the fourth degree.	404

(3)(4) Violation of division (D) of this section is a	405
misdemeanor of the third degree.	406

(G) Notwithstanding any other provision of law, seventy-five	407
per cent of each fine paid to satisfy a sentence imposed for a	408
violation of this section shall be deposited into the treasury of	409
the county in which the violation occurred and twenty-five per	410
cent shall be deposited with the county transit board, regional	411
transit authority, or regional transit commission that operates	412
the public transportation system involved in the violation, unless	413
the board of county commissioners operates the public	414
transportation system, in which case one hundred per cent of each	415
fine shall be deposited into the treasury of the county.	416

(H) As used in this section, "public transportation system"	417
means a county transit system operated in accordance with sections	418
306.01 to 306.13 of the Revised Code, a regional transit authority	419
operated in accordance with sections 306.30 to 306.71 of the	420
Revised Code, or a regional transit commission operated in	421
accordance with sections 306.80 to 306.90 of the Revised Code.	422

Section 2. That existing sections 2903.13 and 2917.41 of the	423
Revised Code are hereby repealed.	424

Section 3.  Section 2903.13 of the Revised Code is presented	425
in this act as a composite of the section as amended by both Am.	426
Sub. H.B. 62 and Sub. H.B. 525 of the 129th General Assembly. The	427
General Assembly, applying the principle stated in division (B) of	428
section 1.52 of the Revised Code that amendments are to be	429
harmonized if reasonably capable of simultaneous operation, finds	430
that the composite is the resulting version of the section in	431
effect prior to the effective date of the section as presented in	432
this act.	433