As Introduced
135th General Assembly
Regular Session H. B. No. 525
2023-2024
Representatives Brennan, Pizzulli
Cosponsors: Representatives Brent, Piccolantonio, Daniels, Dell'Aquila, Grim,
Jarrells, Miller, A., Robb Blasdel, Rogers, Somani
A BILL
To amend section 2903.13 of the Revised Code 1
regarding the penalty for assault when the 2
victim is a school employee or volunteer. 3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2903.13 of the Revised Code be 4
amended to read as follows: 5
Sec. 2903.13. (A) No person shall knowingly cause or 6
attempt to cause physical harm to another or to another's 7
unborn. 8
(B) No person shall recklessly cause serious physical harm 9
to another or to another's unborn. 10
(C)(1) Whoever violates this section is guilty of assault, 11
and the court shall sentence the offender as provided in this 12
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), 13
(8), (9), and (10) of this section. Except as otherwise provided 14
in division (C)(2), (3), (4), (5), (6), (7), (8), or (9) of this 15
section, assault is a misdemeanor of the first degree. 16
H. B. No. 525 Page 2
As Introduced
(2) Except as otherwise provided in this division, if the 17
offense is committed by a caretaker against a person with a 18
functional impairment under the caretaker's care, assault is a 19
felony of the fourth degree. If the offense is committed by a 20
caretaker against a person with a functional impairment under 21
the caretaker's care, if the offender previously has been 22
convicted of or pleaded guilty to a violation of this section or 23
section 2903.11 or 2903.16 of the Revised Code, and if in 24
relation to the previous conviction the offender was a caretaker 25
and the victim was a person with a functional impairment under 26
the offender's care, assault is a felony of the third degree. 27
(3) If the offense occurs in or on the grounds of a state 28
correctional institution or an institution of the department of 29
youth services, the victim of the offense is an employee of the 30
department of rehabilitation and correction or the department of 31
youth services, and the offense is committed by a person 32
incarcerated in the state correctional institution or by a 33
person institutionalized in the department of youth services 34
institution pursuant to a commitment to the department of youth 35
services, assault is a felony of the third degree. 36
(4) If the offense is committed in any of the following 37
circumstances, assault is a felony of the fifth degree: 38
(a) The offense occurs in or on the grounds of a local 39
correctional facility, the victim of the offense is an employee 40
of the local correctional facility or a probation department or 41
is on the premises of the facility for business purposes or as a 42
visitor, and the offense is committed by a person who is under 43
custody in the facility subsequent to the person's arrest for 44
any crime or delinquent act, subsequent to the person's being 45
charged with or convicted of any crime, or subsequent to the 46
H. B. No. 525 Page 3
As Introduced
person's being alleged to be or adjudicated a delinquent child. 47
(b) The offense occurs off the grounds of a state 48
correctional institution and off the grounds of an institution 49
of the department of youth services, the victim of the offense 50
is an employee of the department of rehabilitation and 51
correction, the department of youth services, or a probation 52
department, the offense occurs during the employee's official 53
work hours and while the employee is engaged in official work 54
responsibilities, and the offense is committed by a person 55
incarcerated in a state correctional institution or 56
institutionalized in the department of youth services who 57
temporarily is outside of the institution for any purpose, by a 58
parolee, by an offender under transitional control, under a 59
community control sanction, or on an escorted visit, by a person 60
under post-release control, or by an offender under any other 61
type of supervision by a government agency. 62
(c) The offense occurs off the grounds of a local 63
correctional facility, the victim of the offense is an employee 64
of the local correctional facility or a probation department, 65
the offense occurs during the employee's official work hours and 66
while the employee is engaged in official work responsibilities, 67
and the offense is committed by a person who is under custody in 68
the facility subsequent to the person's arrest for any crime or 69
delinquent act, subsequent to the person being charged with or 70
convicted of any crime, or subsequent to the person being 71
alleged to be or adjudicated a delinquent child and who 72
temporarily is outside of the facility for any purpose or by a 73
parolee, by an offender under transitional control, under a 74
community control sanction, or on an escorted visit, by a person 75
under post-release control, or by an offender under any other 76
type of supervision by a government agency. 77
H. B. No. 525 Page 4
As Introduced
(d) The victim of the offense is a school teacher or 78
administrator or , a school bus operator, or other school 79
employee or volunteer and the offense occurs in a school, on 80
school premises, in a school building, on a school bus, or while 81
the victim is outside of school premises or a school bus and is 82
engaged in duties or official responsibilities associated with 83
the victim's employment or position as a school teacher or 84
administrator or, a school bus operator, or other school 85
employee or volunteer including, but not limited to, driving, 86
accompanying, or chaperoning students at or on class or field 87
trips, athletic events, or other school extracurricular 88
activities or functions outside of school premises. 89
(5) If the assault is committed in any of the following 90
circumstances, assault is a felony of the fourth degree: 91
(a) The victim of the offense is a peace officer or an 92
investigator of the bureau of criminal identification and 93
investigation, a firefighter, or a person performing emergency 94
medical service, while in the performance of the officer's, 95
investigator's, firefighter's, or person's official duties. 96
(b) The victim of the offense is an emergency service 97
responder, the offender knows or reasonably should know that the 98
victim is an emergency service responder, and it is the 99
offender's specific purpose to commit the offense against an 100
emergency service responder. 101
(c) The victim of the offense is a family or household 102
member or co-worker of a person who is an emergency service 103
responder, the offender knows or reasonably should know that the 104
victim is a family or household member or co-worker of an 105
emergency service responder, and it is the offender's specific 106
purpose to commit the offense against a family or household 107
H. B. No. 525 Page 5
As Introduced
member or co-worker of an emergency service responder. 108
(6) If the offense is a felony of the fourth degree under 109
division (C)(5)(a) of this section, if the victim of the offense 110
is a peace officer or an investigator of the bureau of criminal 111
identification and investigation, and if the victim suffered 112
serious physical harm as a result of the commission of the 113
offense, the court, pursuant to division (F) of section 2929.13 114
of the Revised Code, shall impose as a mandatory prison term one 115
of the prison terms prescribed for a felony of the fourth degree 116
that is at least twelve months in duration. 117
(7) If the victim of the offense is an officer or employee 118
of a public children services agency or a private child placing 119
agency and the offense relates to the officer's or employee's 120
performance or anticipated performance of official 121
responsibilities or duties, assault is either a felony of the 122
fifth degree or, if the offender previously has been convicted 123
of or pleaded guilty to an offense of violence, the victim of 124
that prior offense was an officer or employee of a public 125
children services agency or private child placing agency, and 126
that prior offense related to the officer's or employee's 127
performance or anticipated performance of official 128
responsibilities or duties, a felony of the fourth degree. 129
(8) If the victim of the offense is a health care 130
professional of a hospital, a health care worker of a hospital, 131
or a security officer of a hospital whom the offender knows or 132
has reasonable cause to know is a health care professional of a 133
hospital, a health care worker of a hospital, or a security 134
officer of a hospital, if the victim is engaged in the 135
performance of the victim's duties, and if the hospital offers 136
de-escalation or crisis intervention training for such 137
H. B. No. 525 Page 6
As Introduced
professionals, workers, or officers, assault is one of the 138
following: 139
(a) Except as otherwise provided in division (C)(8)(b) of 140
this section, assault committed in the specified circumstances 141
is a misdemeanor of the first degree. Notwithstanding the fine 142
specified in division (A)(2)(a) of section 2929.28 of the 143
Revised Code for a misdemeanor of the first degree, in 144
sentencing the offender under this division and if the court 145
decides to impose a fine, the court may impose upon the offender 146
a fine of not more than five thousand dollars. 147
(b) If the offender previously has been convicted of or 148
pleaded guilty to one or more assault or homicide offenses 149
committed against hospital personnel, assault committed in the 150
specified circumstances is a felony of the fifth degree. 151
(9) If the victim of the offense is a judge, magistrate, 152
prosecutor, or court official or employee whom the offender 153
knows or has reasonable cause to know is a judge, magistrate, 154
prosecutor, or court official or employee, and if the victim is 155
engaged in the performance of the victim's duties, assault is 156
one of the following: 157
(a) Except as otherwise provided in division (C)(9)(b) of 158
this section, assault committed in the specified circumstances 159
is a misdemeanor of the first degree. In sentencing the offender 160
under this division, if the court decides to impose a fine, 161
notwithstanding the fine specified in division (A)(2)(a) of 162
section 2929.28 of the Revised Code for a misdemeanor of the 163
first degree, the court may impose upon the offender a fine of 164
not more than five thousand dollars. 165
(b) If the offender previously has been convicted of or 166
H. B. No. 525 Page 7
As Introduced
pleaded guilty to one or more assault or homicide offenses 167
committed against justice system personnel, assault committed in 168
the specified circumstances is a felony of the fifth degree. 169
(10) If an offender who is convicted of or pleads guilty 170
to assault when it is a misdemeanor also is convicted of or 171
pleads guilty to a specification as described in section 172
2941.1423 of the Revised Code that was included in the 173
indictment, count in the indictment, or information charging the 174
offense, the court shall sentence the offender to a mandatory 175
jail term as provided in division (F) of section 2929.24 of the 176
Revised Code. 177
If an offender who is convicted of or pleads guilty to 178
assault when it is a felony also is convicted of or pleads 179
guilty to a specification as described in section 2941.1423 of 180
the Revised Code that was included in the indictment, count in 181
the indictment, or information charging the offense, except as 182
otherwise provided in division (C)(6) of this section, the court 183
shall sentence the offender to a mandatory prison term as 184
provided in division (B)(8) of section 2929.14 of the Revised 185
Code. 186
(D) A prosecution for a violation of this section does not 187
preclude a prosecution of a violation of any other section of 188
the Revised Code. One or more acts, a series of acts, or a 189
course of behavior that can be prosecuted under this section or 190
any other section of the Revised Code may be prosecuted under 191
this section, the other section of the Revised Code, or both 192
sections. However, if an offender is convicted of or pleads 193
guilty to a violation of this section and also is convicted of 194
or pleads guilty to a violation of section 2903.22 of the 195
Revised Code based on the same conduct involving the same victim 196
H. B. No. 525 Page 8
As Introduced
that was the basis of the violation of this section, the two 197
offenses are allied offenses of similar import under section 198
2941.25 of the Revised Code. 199
(E) As used in this section: 200
(1) "Peace officer" has the same meaning as in section 201
2935.01 of the Revised Code. 202
(2) "Firefighter" means any person who is a firefighter as 203
defined in section 3937.41 of the Revised Code and, for purposes 204
of division (E)(21)(E)(22) of this section, also includes a 205
member of a fire department as defined in section 742.01 of the 206
Revised Code. 207
(3) "Emergency medical service" has the same meaning as in 208
section 4765.01 of the Revised Code. 209
(4) "Local correctional facility" means a county, 210
multicounty, municipal, municipal-county, or multicounty- 211
municipal jail or workhouse, a minimum security jail established 212
under section 341.23 or 753.21 of the Revised Code, or another 213
county, multicounty, municipal, municipal-county, or 214
multicounty-municipal facility used for the custody of persons 215
arrested for any crime or delinquent act, persons charged with 216
or convicted of any crime, or persons alleged to be or 217
adjudicated a delinquent c