OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 139 Bill Analysis
135th General Assembly
Click here for H.B. 139’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Roemer and J. Miller
Effective Date:
Ashley F. Dean, Attorney
SUMMARY
 Requires a mandatory fine and community service for the offense of “assault” when it is
a misdemeanor, if the victim is a sports official and the assault is committed during or
immediately before or after a sports event or in retaliation for the official’s actions as a
sports official.
 Increases the penalty for “assault” to a fifth degree felony if the victim is a sports
official, the assault is committed during or immediately before or after a sports event or
in retaliation for the official’s actions as a sports official, and the offender has previously
been convicted of an assault offense under those circumstances.
 Applies the existing fourth and fifth degree felony community control sanction
presumption to “assault” when it is a fifth degree felony under the provision described
in the preceding dot point.
DETAILED ANALYSIS
Currently, the offense of “assault” generally is a first degree misdemeanor, but it is a
fourth or fifth degree felony when it is committed in certain specified circumstances, and a
mandatory jail or prison term is required when the offender also is convicted of a specification
charging that the victim was a woman whom the offender knew was pregnant. The bill modifies
the penalty for the offense when the victim is a “sports official” and other specified criteria
apply – it makes the offense a felony in specified circumstances when the victim is a sports
official, and it enacts a mandatory fine and community service in specified circumstances when
the offense remains a misdemeanor. The bill defines “sports official” and the related term
“sports event” for purposes of its provisions (see “Definition of “sports official” and
“sports event”,” below).
April 10, 2024
Office of Research and Drafting LSC Legislative Budget Office
Increased penalties for assault of a sports official
Misdemeanor offense
The bill provides that when the offense of assault is committed against a sports official
and it is a first degree misdemeanor, the sentencing court must impose a mandatory $1,500
fine and 40 hours of community service, in addition to the sentence for that misdemeanor
under continuing law, if either of the following applies:1
1. The victim of the assault is a “sports official” and the assault occurs while the victim is
engaged in the victim’s official duties at a “sports event” or immediately before or after
the event.
2. The victim of the assault is a sports official and the assault is committed in retaliation for
an action taken by the victim while the victim was engaged in the victim’s official duties
at a sports event.
Fifth degree felony for subsequent offenses
The bill also elevates the offense of assault to a fifth degree felony if: (1) the victim is a
“sports official,” (2) the assault is committed while the victim is engaged in the victim’s official
duties at a “sports event” or immediately before or after a sports event or it is committed in
retaliation for an action taken by the victim while engaged in the victim’s official duties at a
sports event, and (3) the offender previously has been convicted of or pleaded guilty to assault
of a sports official under either set of circumstances specified in clause (2) of this sentence.2
A fifth degree felony offense under this provision is included by the bill within the
definition of a “qualifying assault offense” that applies regarding a provision of the Criminal
Sentencing Law.3 Under that provision, continued by the bill, a court sentencing an offender
convicted of a fourth or fifth degree felony that is a qualifying assault offense (or that is not an
offense of violence) generally must sentence the offender to one or more community control
sanctions (i.e., community residential sanctions, nonresidential sanctions, or financial sanctions)
if the offender previously has not been convicted of or pleaded guilty to a felony offense, the
most serious charge against the offender is a felony of the fourth or fifth degree, and the
offender previously has not been convicted of or pleaded guilty to a misdemeanor offense of
violence committed within two years prior to the offense for which sentence is being imposed. 4
But the general requirement described in the preceding sentence does not apply regarding a
fourth or fifth degree felony that is an offense of violence and that is not a “qualifying assault
offense,” and when the general requirement does apply, the court has discretion under
continuing law to impose a prison term on an offender who is convicted of or pleads guilty to a
1 R.C. 2903.13(C)(1) and (11).
2 R.C. 2903.13(C)(1), (4)(e), and (4)(f).
3 R.C. 2929.13(K)(4).
4 R.C. 2929.13(B)(1)(a).
P a g e |2 H.B. 139
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
fourth or fifth degree felony that is a qualifying assault offense (or that is not an offense of
violence) if any of the following applies to the offender:5
 The offender committed the offense while having a firearm on or about the offender’s
person or under the offender’s control.
 The offender caused serious physical harm to another person while committing the
offense if the offense is a qualifying assault offense (if it is not such an offense, the
offender caused physical harm to another person while committing it).
 The offender violated a term of the conditions of bond set by the court.
 In committing the offense, the offender attempted to cause or made an actual threat of
physical harm to a person with a deadly weapon.
 In committing the offense, the offender attempted to cause or made an actual threat of
physical harm to a person and the offender previously was convicted of an offense that
caused physical harm to a person.
 The offender held a public office or position of trust, and the offense related to that
office or position; the offender’s position obliged the offender to prevent the offense or
to bring those committing it to justice; or the offender’s professional reputation or
position facilitated the offense or was likely to influence the future conduct of others.
 The offender committed the offense for hire or as part of an organized criminal activity.
 The offender was serving a prison term at the time of the offense or had previously
served a prison term.
 The offender committed the offense while under a community control sanction, while
on probation, or while released from custody on a bond or personal recognizance.
 With respect to offenses that are not a qualifying assault offense, the offense is a fourth
or fifth degree felony sex offense.
Felonious assault and aggravated assault
The bill specifies that nothing in its provisions described above requiring fifth degree
felony penalties for assault against a sports official prevents an individual from being
prosecuted for felonious assault or aggravated assault if the elements of those offenses are
present, the victim of the offense is a sports official, and the offense occurs while the victim is
engaged in the victim’s official duties at a sports event or immediately before or after the
sports event.6
5 R.C. 2929.13(B)(1)(b).
6 R.C. 2903.13(E).
P a g e |3 H.B. 139
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Definition of “sports official” and “sports event”
The bill specifies that, as used in its assault penalty provisions described above:7
“Sports official” means any person who is paid or volunteers to enforce the rules of a
sports event as a referee, umpire, linesperson, timer, scorekeeper, or in a similar capacity.
“Sports event” includes: (1) any interscholastic or intramural athletic event or athletic
activity at an elementary or secondary school, college, or university or in which such a school,
college, or university participates, (2) any organized athletic activity, including an organized
athletic activity sponsored by a community, business, or nonprofit organization, or (3) any
athletic activity that is a professional or semiprofessional event.
Elements of assault offense, and current penalties
The prohibitions under the existing offense of “assault,” unchanged by the bill, prohibit
a person from knowingly causing or attempting to cause physical harm to another or to
another’s unborn, or recklessly causing serious physical harm to another or to another’s
unborn.8
The offense generally is a first degree misdemeanor, but increased penalties, to a third,
fourth, or fifth degree felony, are provided when the assault is committed: (1) by a caretaker
against a functionally impaired person under the caretaker’s care, (2) by an incarcerated person
or person in custody, in specified circumstances, (3) against a school teacher, administrator, or
a bus operator, in specified circumstances, (4) against a peace officer, BCII investigator,
firefighter, or person performing emergency medical services, in specified circumstances,
(5) against an officer or employee of a public children services agency or a private child placing
agency, in specified circumstances, (6) against a hospital health care professional, health care
worker, or security officer, in specified circumstances, or (7) against a judge, magistrate,
prosecutor, or court official or employee, in specified circumstances. When the offender also
was convicted of a specification charging that the victim was a woman whom the offender
knew was pregnant, a mandatory jail or prison term is required.9
HISTORY
Action Date
Introduced 03-28-23
Reported, H. Criminal Justice 10-18-23
Passed House (71-6) 11-29-23
ANHB0139PH-135/ks
7 R.C. 2903.13(F)(27) and (28).
8 R.C. 2903.13(A) and (B).
9 R.C. 2903.13(C).
P a g e |4 H.B. 139
As Passed by the House