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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 208
2025-2026
Representative Lorenz
Cosponsors: Representatives Johnson,
Williams
To
amend section 2903.13 of the Revised Code
to
enact the Courtroom Employee Protection Act to increase the penalty
for assault when the victim is a judge, magistrate, prosecutor, or
court official or employee.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2903.13 of the Revised Code be amended to read as follows:
Sec.
2903.13.
(A)
No person shall knowingly cause or attempt to cause physical harm to
another or to another's unborn.
(B)
No person shall recklessly cause serious physical harm to another or
to another's unborn.
(C)(1)
Whoever violates this section is guilty of assault, and the court
shall sentence the offender as provided in this division and
divisions (C)(1), (2), (3), (4), (5), (6), (7), (8), (9), and (10) of
this section. Except as otherwise provided in division (C)(2), (3),
(4), (5), (6), (7), (8), or (9) of this section, assault is a
misdemeanor of the first degree.
(2)
Except as otherwise provided in this division, if the offense is
committed by a caretaker against a person with a functional
impairment under the caretaker's care, assault is a felony of the
fourth degree. If the offense is committed by a caretaker against a
person with a functional impairment under the caretaker's care, if
the offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.11 or 2903.16 of the
Revised Code, and if in relation to the previous conviction the
offender was a caretaker and the victim was a person with a
functional impairment under the offender's care, assault is a felony
of the third degree.
(3)
If the offense occurs in or on the grounds of a state correctional
institution or an institution of the department of youth services,
the victim of the offense is an employee of the department of
rehabilitation and correction or the department of youth services,
and the offense is committed by a person incarcerated in the state
correctional institution or by a person institutionalized in the
department of youth services institution pursuant to a commitment to
the department of youth services, assault is a felony of the third
degree.
(4)
If the offense is committed in any of the following circumstances,
assault is a felony of the fifth degree:
(a)
The offense occurs in or on the grounds of a local correctional
facility, the victim of the offense is an employee of the local
correctional facility or a probation department or is on the premises
of the facility for business purposes or as a visitor, and the
offense is committed by a person who is under custody in the facility
subsequent to the person's arrest for any crime or delinquent act,
subsequent to the person's being charged with or convicted of any
crime, or subsequent to the person's being alleged to be or
adjudicated a delinquent child.
(b)
The offense occurs off the grounds of a state correctional
institution and off the grounds of an institution of the department
of youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of youth
services, or a probation department, the offense occurs during the
employee's official work hours and while the employee is engaged in
official work responsibilities, and the offense is committed by a
person incarcerated in a state correctional institution or
institutionalized in the department of youth services who temporarily
is outside of the institution for any purpose, by a parolee, by an
offender under transitional control, under a community control
sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by a
government agency.
(c)
The offense occurs off the grounds of a local correctional facility,
the victim of the offense is an employee of the local correctional
facility or a probation department, the offense occurs during the
employee's official work hours and while the employee is engaged in
official work responsibilities, and the offense is committed by a
person who is under custody in the facility subsequent to the
person's arrest for any crime or delinquent act, subsequent to the
person being charged with or convicted of any crime, or subsequent to
the person being alleged to be or adjudicated a delinquent child and
who temporarily is outside of the facility for any purpose or by a
parolee, by an offender under transitional control, under a community
control sanction, or on an escorted visit, by a person under
post-release control, or by an offender under any other type of
supervision by a government agency.
(d)
The victim of the offense is a school teacher or administrator or a
school bus operator, and the offense occurs in a school, on school
premises, in a school building, on a school bus, or while the victim
is outside of school premises or a school bus and is engaged in
duties or official responsibilities associated with the victim's
employment or position as a school teacher or administrator or a
school bus operator, including, but not limited to, driving,
accompanying, or chaperoning students at or on class or field trips,
athletic events, or other school extracurricular activities or
functions outside of school premises.
(5)
If the assault is committed in any of the following circumstances,
assault is a felony of the fourth degree:
(a)
The victim of the offense is a peace officer or an investigator of
the bureau of criminal identification and investigation, a
firefighter, or a person performing emergency medical service, while
in the performance of the officer's, investigator's, firefighter's,
or person's official duties.
(b)
The victim of the offense is an emergency service responder, the
offender knows or reasonably should know that the victim is an
emergency service responder, and it is the offender's specific
purpose to commit the offense against an emergency service responder.
(c)
The victim of the offense is a family or household member or
co-worker of a person who is an emergency service responder, the
offender knows or reasonably should know that the victim is a family
or household member or co-worker of an emergency service responder,
and it is the offender's specific purpose to commit the offense
against a family or household member or co-worker of an emergency
service responder.
(6)
If the offense is a felony of the fourth degree under division
(C)(5)(a) of this section, if the victim of the offense is a peace
officer or an investigator of the bureau of criminal identification
and investigation, and if the victim suffered serious physical harm
as a result of the commission of the offense, the court, pursuant to
division (F) of section 2929.13 of the Revised Code, shall impose as
a mandatory prison term one of the prison terms prescribed for a
felony of the fourth degree that is at least twelve months in
duration.
(7)
If the victim of the offense is an officer or employee of a public
children services agency or a private child placing agency and the
offense relates to the officer's or employee's performance or
anticipated performance of official responsibilities or duties,
assault is either a felony of the fifth degree or, if the offender
previously has been convicted of or pleaded guilty to an offense of
violence, the victim of that prior offense was an officer or employee
of a public children services agency or private child placing agency,
and that prior offense related to the officer's or employee's
performance or anticipated performance of official responsibilities
or duties, a felony of the fourth degree.
(8)
If the victim of the offense is a health care professional of a
hospital, a health care worker of a hospital, or a security officer
of a hospital whom the offender knows or has reasonable cause to know
is a health care professional of a hospital, a health care worker of
a hospital, or a security officer of a hospital, if the victim is
engaged in the performance of the victim's duties, and if the
hospital offers de-escalation or crisis intervention training for
such professionals, workers, or officers, assault is one of the
following:
(a)
Except as otherwise provided in division (C)(8)(b) of this section,
assault committed in the specified circumstances is a misdemeanor of
the first degree. Notwithstanding the fine specified in division
(A)(2)(a) of section 2929.28 of the Revised Code for a misdemeanor of
the first degree, in sentencing the offender under this division and
if the court decides to impose a fine, the court may impose upon the
offender a fine of not more than five thousand dollars.
(b)
If the offender previously has been convicted of or pleaded guilty to
one or more assault or homicide offenses committed against hospital
personnel, assault committed in the specified circumstances is a
felony of the fifth degree.
(9)
If the victim of the offense is a judge, magistrate, prosecutor, or
court official or employee whom the offender knows or has reasonable
cause to know is a judge, magistrate, prosecutor, or court official
or employee, and if the victim is engaged in the performance of the
victim's duties,
assault
is one of the following:
(a)
Except as otherwise provided in division (C)(9)(b) of this section,
assault
committed
in the specified circumstances
is
a
misdemeanor
felony
of
the
first
fourth
degree.
In sentencing the offender under this division, if the court decides
to impose a fine, notwithstanding the fine specified in division
(A)(2)(a)
(A)(3)
of
section
2929.28
2929.18
of the Revised Code for a
misdemeanor
felony
of
the
first
fourth
degree,
the court may impose upon the offender a fine of not more than
five
seven
thousand
five
hundred
dollars.
(b)
If the offender previously has been convicted of or pleaded guilty to
one or more assault or homicide offenses committed against justice
system personnel, assault committed in the specified circumstances is
a felony of the fifth degree.
(10)
If an offender who is convicted of or pleads guilty to assault when
it is a misdemeanor also is convicted of or pleads guilty to a
specification as described in section 2941.1423 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory jail term as provided in division (F) of
section 2929.24 of the Revised Code.
If
an offender who is convicted of or pleads guilty to assault when it
is a felony also is convicted of or pleads guilty to a specification
as described in section 2941.1423 of the Revised Code that was
included in the indictment, count in the indictment, or information
charging the offense, except as otherwise provided in division (C)(6)
of this section, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(8) of section 2929.14 of the
Revised Code.
(D)
A prosecution for a violation of this section does not preclude a
prosecution of a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted
of or pleads guilty to a violation of this section and also is
convicted of or pleads guilty to a violation of section 2903.22 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, the two offenses
are allied offenses of similar import under section 2941.25 of the
Revised Code.
(E)
As used in this section:
(1)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.
(2)
"Firefighter" means any person who is a firefighter as
defined in section 3937.41 of the Revised Code and, for purposes of
division (E)(21) of this section, also includes a member of a fire
department as defined in section 742.01 of the Revised Code.
(3)
"Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4)
"Local correctional facility" means a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, a minimum security jail established under section 341.23
or 753.21 of the Revised Code, or another county, multicounty,
municipal, municipal-county, or multicounty-municipal facility used
for the custody of persons arrested for any crime or delinquent act,
persons charged with or convicted of any crime, or persons alleged to
be or adjudicated a delinquent child.
(5)
"Employee of a local correctional facility" means a person
who is an employee of the political subdivision or of one or more of
the affiliated political subdivisions that operates the local
correctional facility and who operates or assists in the operation of
the facility.
(6)
"School teacher or administrator" means either of the
following:
(a)
A person who is employed in the public schools of the state under a
contract described in section 3311.77 or 3319.08 of the Revised Code
in a position in which the person is required to have a certificate
issued pursuant to sections 3319.22 to 3319.311 of the Revised Code.
(b)
A person who is employed by a nonpublic school for which the director
of education and workforce prescribes minimum standards under section
3301.07 of the Revised Code and who is certificated in accordance
with section 3301.071 of the Revised Code.
(7)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(8)
"Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9)
"Post-release control" and "transitional control"
have the same meanings as in section 2967.01 of the Revised Code.
(10)
"Investigator of the bureau of criminal identification and
investigation" has the same meaning as in section 2903.11 of the
Revised Code.
(11)
"Health care professional" and "health care worker"
have the same meanings as in section 2305.234 of the Revised Code.
(12)
"Assault or homicide offense committed against hospital
personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which all
of the following apply:
(a)
The victim of the offense was a health care professional of a
hospital, a health care worker of a hospital, or a security officer
of a hospital.
(b)
The offender knew or had reasonable cause to know that the victim was
a health care professional of a hospital, a health care worker of a
hospital, or a security officer of a hospital.
(c)
The victim was engaged in the performance of the victim's duties.
(d)
The hospital offered de-escalation or crisis intervention training
for such professionals, workers, or officers.
(13)
"De-escalation or crisis intervention training" means
de-escalation or crisis intervention training for health care
professionals of a hospital, health care workers of a hospital, and
security officers of a hospital to facilitate interaction with
patients, members of a patient's family, and visitors, including
those with mental impairments.
(14)
"Assault or homicide offense committed against justice system
personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which the
victim of the offense was a judge, magistrate, prosecutor, or court
official or employee whom the offender knew or had reasonable cause
to know was a judge, magistrate, prosecutor, or court official or
employee, and the victim was engaged in the performance of the
victim's duties.
(15)
"Court official or employee" means any official or employee
of a court created under the constitution or statutes of this state
or of a United States court located in this state
or any official or employee of a clerk of such court
.
(16)
"Judge" means a judge of a court created under the
constitution or statutes of this state or of a United States court
located in this state.
(17)
"Magistrate" means an individual who is appointed by a
court of record of this state and who has the powers and may perform
the functions specified in Civil Rule 53, Criminal Rule 19, or
Juvenile Rule 40, or an individual who is appointed by a United
States court located in this state who has similar powers and
functions.
(18)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.
(19)(a)
"Hospital" means, subject to division (E)(19)(b) of this
section, an institution classified as a hospital under section
3701.01 of the Revised Code in which are provided to patients
diagnostic, medical, surgical, obstetrical, psychiatric, or
rehabilitation care or a hospital operated by a health maintenance
organization.
(b)
"Hospital" does not include any of the following:
(i)
A facility licensed under Chapter 3721. of the Revised Code, a health
care facility operated by the department of mental health and
addiction services or the department of developmental disabilities, a
health maintenance organization that does not operate a hospital, or
the office of any private, licensed health care professional, whether
organized for individual or group practice;
(ii)
An institution for the sick that is operated exclusively for patients
who use spiritual means for healing and for whom the acceptance of
medical care is inconsistent with their religious beliefs, accredited
by a national accrediting organization, exempt from federal income
taxation under section 501 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing
twenty-four-hour nursing care pursuant to the exemption in division
(E) of section 4723.32 of the Revised Code from the licensing
requirements of Chapter 4723. of the Revised Code.
(20)
"Health maintenance organization" has the same meaning as
in section 3727.01 of the Revised Code.
(21)
"Emergency service responder" means any law enforcement
officer, first responder, emergency medical technician-basic,
emergency medical technician-intermediate, emergency medical
technician-paramedic, firefighter, or volunteer firefighter.
(22)
"Family or household member" means any of the following:
(a)
Any of the following who is residing or has resided with a person who
is employed as an emergency service responder:
(i)
A spouse, a person living as a spouse, or a former spouse of a person
who is employed as an emergency service responder;
(ii)
A parent, a foster parent, or a child of a person who is employed as
an emergency service responder, or another person related by
consanguinity or affinity to a person who is employed as an emergency
service responder;
(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of a person who is employed as an emergency service responder,
or another person related by consanguinity or affinity to a spouse,
person living as a spouse, or former spouse of a person who is
employed as an emergency service responder.
(b)
The natural parent of any child of whom a person who is employed as
an emergency service responder is the other natural parent or is the
putative other natural parent.
(23)
"First responder," "emergency medical
technician-basic," "emergency medical
technician-intermediate," and "emergency medical
technician-paramedic" have the same meanings as in section
4765.01 of the Revised Code.
(24)
"Volunteer firefighter" has the same meaning as in section
146.01 of the Revised Code.
(25)
"Person living as a spouse" means a person who is living or
has lived with a person who is employed as an emergency service
responder in a common law marital relationship, who otherwise is
cohabiting with a person who is employed as an emergency service
responder, or who otherwise has cohabited with a person who is
employed as an emergency service responder within five years prior to
the date of the alleged commission of the act in question.
(26)
"Co-worker" means a person who is employed by the
organization or entity that is served by a person who is employed as
an emergency service responder.
Section
2.
That
existing section 2903.13 of the Revised Code is hereby repealed.
Section
3.
This
act shall be known as the Courtroom Employee Protection Act.