Create the offense of negligent assault of a peace officer

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 656

2025-2026

Representative Williams

Cosponsors: Representatives Hall, T.,
Robb Blasdel

A
BILL

To
amend sections 2903.14 and 2927.15 of the Revised Code
to
create the offense of negligent assault of a peace officer.

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

Section
1.
That
sections 2903.14 and 2927.15 of the Revised Code be amended to read
as follows:

Sec.
2903.14.
(A)
No person shall negligently, by means of a deadly weapon or dangerous
ordnance as defined in section 2923.11 of the Revised Code, cause
physical harm to another or to another's unborn.

(B)

No person shall negligently cause physical harm to a peace officer as
a result of possessing a controlled substance or a controlled
substance analog or drug paraphernalia.

(C)(1)

Whoever violates
division
(A) of
this
section is guilty of negligent assault, a misdemeanor of the third
degree.

(2)(a)
Except as provided in division (C)(2)(b) of this section, whoever
violates division (B) of this section is guilty of negligent assault
of a peace officer, a misdemeanor of the first degree.

(b)
If the physical harm also results in a substantial risk of exposure
to an infectious disease, negligent assault of a peace officer is a
felony of the fifth degree. The presence of an infectious disease
shall be determined by collection of blood, urine, tissue, or other
relevant bodily substance from the defendant by a peace officer or
other person ordered to do so by the court.

(C)
As used in this section, "peace officer" has the same
meaning as in section 109.71 of the Revised Code.

Sec.
2927.15.
(A)
No person shall knowingly collect any blood, urine, tissue, or other
bodily substance of another person without privilege or consent to do
so.

(B)(1)
Division (A) of this section does not apply to any of the following:

(a)
The collection of any bodily substance of a person by a law
enforcement officer, or by another person pursuant to the direction
or advice of a law enforcement officer, for purposes of a chemical
test or tests of the substance under division (A)(1) of section
1547.111 or division (A)(2) of section 4511.191 of the Revised Code
to determine the alcohol, drug, controlled substance, metabolite of a
controlled substance, or combination content of the bodily substance;

(b)
The collection of any bodily substance of a person by a peace
officer, or by another person pursuant to the direction or advice of
a peace officer, for purposes of a test or tests of the substance as
provided in division (A) of section 4506.17 of the Revised Code to
determine the person's alcohol concentration or the presence of any
controlled substance or metabolite of a controlled substance
;

(c)
The collection of any bodily substance of a person by a peace
officer, or by another person pursuant to a court order, for purposes
of a test or tests of the substance to determine the presence of an
infectious disease in relation to a charge under division (B) of
section 2903.14 of the Revised Code
.

(2)
Division (B)(1) of this section shall not be construed as implying
that the persons identified in divisions (B)(1)(a) and (b) of this
section do not have privilege to collect the bodily substance of
another person as described in those divisions or as limiting the
definition of "privilege" set forth in section 2901.01 of
the Revised Code.

(C)
Whoever violates division (A) of this section is guilty of unlawful
collection of a bodily substance. Except as otherwise provided in
this division, unlawful collection of a bodily substance is a
misdemeanor of the first degree. If the offender previously has been
convicted of or pleaded guilty to a violation of division (A) of this
section, unlawful collection of a bodily substance is a felony of the
fifth degree.

Section
2.
That
existing sections 2903.14 and 2927.15 of the Revised Code are hereby
repealed.