Establish penalties for failing to obey a school crossing guard

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 690

2025-2026

Representatives Young, White, A.

Cosponsor: Representative Willis

To
amend sections
2903.06,

2903.08,
2903.081, and 2903.13 and to enact section 4511.461 of the Revised
Code
to
establish penalties for failing to obey a school crossing guard and
other associated offenses.

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

Section
1.
That
sections
2903.06,

2903.08,
2903.081, and 2903.13 be amended and section 4511.461 of the Revised
Code be enacted to read as follows:

Sec.
2903.06.
(A)
No person, while operating or participating in the operation of a
motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile,
locomotive, watercraft, or aircraft, shall cause the death of another
or the unlawful termination of another's pregnancy in any of the
following ways:

(1)
As the proximate result of committing an OVI offense.

(2)
In one of the following ways:

(a)
Recklessly;

(b)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a reckless
operation offense, provided that this division applies only if the
person whose death is caused or whose pregnancy is unlawfully
terminated is in the construction zone at the time of the offender's
commission of the reckless operation offense in the construction zone
and does not apply as described in division (F) of this section
;

(c)
As the proximate result of committing a violation of division (C) of
section 4511.461 of the Revised Code
.

(3)
In one of the following ways:

(a)
Negligently;

(b)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a speeding offense,
provided that this division applies only if the person whose death is
caused or whose pregnancy is unlawfully terminated is in the
construction zone at the time of the offender's commission of the
speeding offense in the construction zone and does not apply as
described in division (F) of this section.

(4)
As the proximate result of committing a violation of any provision of
any section contained in Title XLV of the Revised Code that is a
minor misdemeanor or of a municipal ordinance that, regardless of the
penalty set by ordinance for the violation, is substantially
equivalent to any provision of any section contained in Title XLV of
the Revised Code that is a minor misdemeanor.

(B)(1)
Whoever violates division (A)(1) or (2) of this section is guilty of
aggravated vehicular homicide and shall be punished as provided in
divisions (B)(2) and (3) of this section.

(2)(a)
Except as otherwise provided in division (B)(2)(b), (c), or (d) of
this section, aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the second degree and
the court shall impose a mandatory prison term on the offender as
described in division (E) of this section.

(b)
Except as otherwise provided in division (B)(2)(c) or (d) of this
section, aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the first degree, and
the court shall impose a mandatory prison term on the offender as
described in division (E) of this section, if any of the following
apply:

(i)
At the time of the offense, the offender was driving under a
suspension or cancellation imposed under Chapter 4510. or any other
provision of the Revised Code or was operating a motor vehicle or
motorcycle, did not have a valid driver's license, commercial
driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege, and was not eligible for renewal
of the offender's driver's license or commercial driver's license
without examination under section 4507.10 of the Revised Code.

(ii)
The offender previously has been convicted of or pleaded guilty to
one prior OVI offense within the previous twenty years.

(iii)
The offender previously has been convicted of or pleaded guilty to
one prior traffic-related homicide, manslaughter, or assault offense
within the previous twenty years.

(c)
Except as otherwise provided in division (B)(2)(d) of this section,
aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a felony of the first degree, and the court
shall sentence the offender to a mandatory prison term as provided in
section 2929.142 of the Revised Code and described in division (E) of
this section if any of the following apply:

(i)
The offender previously has been convicted of or pleaded guilty to
two prior OVI offenses within the previous twenty years.

(ii)
The offender previously has been convicted of or pleaded guilty to
two prior traffic-related homicide, manslaughter, or assault offenses
within the previous twenty years.

(iii)
The offender previously has been convicted of or pleaded guilty to
two prior violations of any combination of the offenses listed in
division (B)(2)(c)(i) and (ii) of this section within the previous
twenty years.

(d)
Aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a felony of the first degree, and the court
shall sentence the offender to a mandatory prison term as provided in
section 2929.142 of the Revised Code and described in division (E) of
this section if any of the following apply:

(i)
The offender previously has been convicted of or pleaded guilty to
three or more prior OVI offenses within the previous twenty years.

(ii)
The offender previously has been convicted of or pleaded guilty to
three or more prior traffic-related homicide, manslaughter, or
assault offenses within the previous twenty years.

(iii)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of any combination of the offenses
listed in divisions (B)(2)(d)(i) and (ii) of this section within the
previous twenty years.

(e)
In addition to any other sanctions imposed pursuant to division
(B)(2)(a), (b), (c), or (d) of this section for aggravated vehicular
homicide committed in violation of division (A)(1) of this section,
the court shall impose upon the offender a class one suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(1) of section
4510.02 of the Revised Code.

Divisions
(A)(1) to (3) of section 4510.54 of the Revised Code apply to a
suspension imposed under division (B)(2)(e) of this section.

(f)
Notwithstanding section 2929.18 of the Revised Code, and in addition
to any other sanctions imposed pursuant to division (B)(2) of this
section for aggravated vehicular homicide committed in violation of
division (A)(1) of this section, the court shall impose upon the
offender a fine of not more than twenty-five thousand dollars.

(3)
Except as otherwise provided in this division, aggravated vehicular
homicide committed in violation of division (A)(2) of this section is
a felony of the third degree. Aggravated vehicular homicide committed
in violation of division (A)(2) of this section is a felony of the
second degree if, at the time of the offense, the offender was
driving under a suspension or cancellation imposed under Chapter
4510. or any other provision of the Revised Code or was operating a
motor vehicle or motorcycle, did not have a valid driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege, and was not
eligible for renewal of the offender's driver's license or commercial
driver's license without examination under section 4507.10 of the
Revised Code or if the offender previously has been convicted of or
pleaded guilty to a violation of this section or any traffic-related
homicide, manslaughter, or assault offense. The court shall impose a
mandatory prison term on the offender when required by division (E)
of this section.

In
addition to any other sanctions imposed pursuant to this division for
a violation of division (A)(2) of this section, the court shall
impose upon the offender a class two suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege from
the range specified in division (A)(2) of section 4510.02 of the
Revised Code or, if the offender previously has been convicted of or
pleaded guilty to a traffic-related murder, felonious assault, or
attempted murder offense, a class one suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege as
specified in division (A)(1) of that section.

(C)
Whoever violates division (A)(3) of this section is guilty of
vehicular homicide. Except as otherwise provided in this division,
vehicular homicide is a misdemeanor of the first degree. Vehicular
homicide committed in violation of division (A)(3) of this section is
a felony of the fourth degree if, at the time of the offense, the
offender was driving under a suspension or cancellation imposed under
Chapter 4510. or any other provision of the Revised Code or was
operating a motor vehicle or motorcycle, did not have a valid
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege, and
was not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section 4507.10
of the Revised Code or if the offender previously has been convicted
of or pleaded guilty to a violation of this section or any
traffic-related homicide, manslaughter, or assault offense. The court
shall impose a mandatory jail term or a mandatory prison term on the
offender when required by division (E) of this section.

In
addition to any other sanctions imposed pursuant to this division,
the court shall impose upon the offender a class four suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code, or, if the offender previously
has been convicted of or pleaded guilty to a violation of this
section or any traffic-related homicide, manslaughter, or assault
offense, a class three suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(3) of that section, or, if the
offender previously has been convicted of or pleaded guilty to a
traffic-related murder, felonious assault, or attempted murder
offense, a class two suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege as specified
in division (A)(2) of that section.

(D)
Whoever violates division (A)(4) of this section is guilty of
vehicular manslaughter. Except as otherwise provided in this
division, vehicular manslaughter is a misdemeanor of the second
degree. Vehicular manslaughter is a misdemeanor of the first degree
if, at the time of the offense, the offender was driving under a
suspension or cancellation imposed under Chapter 4510. or any other
provision of the Revised Code or was operating a motor vehicle or
motorcycle, did not have a valid driver's license, commercial
driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege, and was not eligible for renewal
of the offender's driver's license or commercial driver's license
without examination under section 4507.10 of the Revised Code or if
the offender previously has been convicted of or pleaded guilty to a
violation of this section or any traffic-related homicide,
manslaughter, or assault offense.

In
addition to any other sanctions imposed pursuant to this division,
the court shall impose upon the offender a class six suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(6) of
section 4510.02 of the Revised Code or, if the offender previously
has been convicted of or pleaded guilty to a violation of this
section, any traffic-related homicide, manslaughter, or assault
offense, or a traffic-related murder, felonious assault, or attempted
murder offense, a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of that section.

(E)(1)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division (A)(1) of
this section. Except as otherwise provided in this division, the
mandatory prison term shall be a definite term from the range of
prison terms provided in division (A)(1)(b) of section 2929.14 of the
Revised Code for a felony of the first degree or from division
(A)(2)(b) of that section for a felony of the second degree,
whichever is applicable, except that if the violation is committed on
or after March 22, 2019, the court shall impose as the minimum prison
term for the offense a mandatory prison term that is one of the
minimum terms prescribed for a felony of the first degree in division
(A)(1)(a) of section 2929.14 of the Revised Code or one of the terms
prescribed for a felony of the second degree in division (A)(2)(a) of
that section, whichever is applicable. If division (B)(2)(c) or (d)
of this section applies to an offender who is convicted of or pleads
guilty to the violation of division (A)(1) of this section, the court
shall impose the mandatory prison term pursuant to division (A) or
(B) of section 2929.142 of the Revised Code, as applicable. The court
shall impose a mandatory jail term of at least fifteen days on an
offender who is convicted of or pleads guilty to a misdemeanor
violation of division (A)(3)(b) of this section and may impose upon
the offender a longer jail term as authorized pursuant to section
2929.24 of the Revised Code.

(2)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division (A)(2) or
(3)(a) of this section or a felony violation of division (A)(3)(b) of
this section if either division (E)(2)(a) or (b) of this section
applies. The mandatory prison term shall be a definite term from the
range of prison terms provided in division (A)(3)(a) of section
2929.14 of the Revised Code for a felony of the third degree or from
division (A)(4) of that section for a felony of the fourth degree,
whichever is applicable. The court shall impose a mandatory prison
term on an offender in a category described in this division if
either of the following applies:

(a)
The offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.08 of the Revised Code.

(b)
At the time of the offense, the offender was driving under suspension
or cancellation under Chapter 4510. or any other provision of the
Revised Code or was operating a motor vehicle or motorcycle, did not
have a valid driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege, and was not eligible for renewal of the offender's
driver's license or commercial driver's license without examination
under section 4507.10 of the Revised Code.

(F)
Divisions (A)(2)(b) and (3)(b) of this section do not apply in a
particular construction zone unless signs of the type described in
section 2903.081 of the Revised Code are erected in that construction
zone in accordance with the guidelines and design specifications
established by the director of transportation under section 5501.27
of the Revised Code. The failure to erect signs of the type described
in section 2903.081 of the Revised Code in a particular construction
zone in accordance with those guidelines and design specifications
does not limit or affect the application of division (A)(1),
(A)(2)(a),

(A)(2)(c),

(A)(3)(a), or (A)(4) of this section in that construction zone or the
prosecution of any person who violates any of those divisions in that
construction zone.

(G)(1)
As used in this section:

(a)
"Mandatory prison term" and "mandatory jail term"
have the same meanings as in section 2929.01 of the Revised Code.

(b)
"Traffic-related homicide, manslaughter, or assault offense"
means a violation of section 2903.04 of the Revised Code in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised Code
as they existed prior to March 23, 2000.

(c)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.

(d)
"Reckless operation offense" means a violation of section
4511.20 of the Revised Code or a municipal ordinance substantially
equivalent to section 4511.20 of the Revised Code.

(e)
"Speeding offense" means a violation of section 4511.21 of
the Revised Code or a municipal ordinance pertaining to speed.

(f)
"Traffic-related murder, felonious assault, or attempted murder
offense" means a violation of section 2903.01 or 2903.02 of the
Revised Code in circumstances in which the offender used a motor
vehicle as the means to commit the violation, a violation of division
(A)(2) of section 2903.11 of the Revised Code in circumstances in
which the deadly weapon used in the commission of the violation is a
motor vehicle, or an attempt to commit aggravated murder or murder in
violation of section 2923.02 of the Revised Code in circumstances in
which the offender used a motor vehicle as the means to attempt to
commit the aggravated murder or murder.

(g)
"Motor vehicle," "mini-truck," and "utility
vehicle" have the same meanings as in section 4501.01 of the
Revised Code.

(h)
"OVI offense" means a violation of division (A) of section
4511.19 of the Revised Code, a violation of division (A) of section
1547.11 of the Revised Code, a violation of division (A)(3) of
section 4561.15 of the Revised Code, or a substantially equivalent
municipal ordinance.

(2)
For the purposes of this section, when a penalty or suspension is
enhanced because of a prior or current violation of a specified law
or a prior or current specified offense, the reference to the
violation of the specified law or the specified offense includes any
violation of any substantially equivalent municipal ordinance, former
law of this state, or current or former law of another state or the
United States.

Sec.
2903.08.
(A)
No person, while operating or participating in the operation of a
motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile,
locomotive, watercraft, or aircraft, shall cause serious physical
harm to another person or another's unborn in any of the following
ways:

(1)(a)
As the proximate result of committing a violation of division (A) of
section 4511.19 of the Revised Code or of a substantially equivalent
municipal ordinance;

(b)
As the proximate result of committing a violation of division (A) of
section 1547.11 of the Revised Code or of a substantially equivalent
municipal ordinance;

(c)
As the proximate result of committing a violation of division (A)(3)
of section 4561.15 of the Revised Code or of a substantially
equivalent municipal ordinance.

(2)
In one of the following ways:

(a)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a reckless
operation offense, provided that this division applies only if the
person to whom the serious physical harm is caused or to whose unborn
the serious physical harm is caused is in the construction zone at
the time of the offender's commission of the reckless operation
offense in the construction zone and does not apply as described in
division (E) of this section;

(b)
Recklessly
;

(c)
As the proximate result of committing a violation of division (C) of
section 4511.461 of the Revised Code
.

(3)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a speeding offense,
provided that this division applies only if the person to whom the
serious physical harm is caused or to whose unborn the serious
physical harm is caused is in the construction zone at the time of
the offender's commission of the speeding offense in the construction
zone and does not apply as described in division (E) of this section.

(B)(1)
Whoever violates division (A)(1) of this section is guilty of
aggravated vehicular assault. Except as otherwise provided in this
division, aggravated vehicular assault is a felony of the third
degree. Aggravated vehicular assault is a felony of the second degree
if any of the following apply:

(a)
At the time of the offense, the offender was driving under a
suspension imposed under Chapter 4510. or any other provision of the
Revised Code.

(b)
The offender previously has been convicted of or pleaded guilty to a
violation of this section.

(c)
The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide, manslaughter, or assault offense.

(d)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A) of section 4511.19 of
the Revised Code or a substantially equivalent municipal ordinance
within the previous ten years.

(e)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A) of section 1547.11 of
the Revised Code or of a substantially equivalent municipal ordinance
within the previous ten years.

(f)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A)(3) of section 4561.15
of the Revised Code or of a substantially equivalent municipal
ordinance within the previous ten years.

(g)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of any combination of the offenses
listed in division (B)(1)(d), (e), or (f) of this section.

(h)
The offender previously has been convicted of or pleaded guilty to a
second or subsequent felony violation of division (A) of section
4511.19 of the Revised Code.

(2)
In addition to any other sanctions imposed pursuant to division
(B)(1) of this section, except as otherwise provided in this
division, the court shall impose upon the offender a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of section 4510.02 of the Revised Code. If the offender
previously has been convicted of or pleaded guilty to a violation of
this section, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or
attempted murder offense, the court shall impose either a class two
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(2) of that section or a class one suspension as specified in
division (A)(1) of that section.

(C)(1)
Whoever violates division (A)(2) or (3) of this section is guilty of
vehicular assault and shall be punished as provided in divisions
(C)(2) and (3) of this section.

(2)
Except as otherwise provided in this division, vehicular assault
committed in violation of division (A)(2) of this section is a felony
of the fourth degree. Vehicular assault committed in violation of
division (A)(2) of this section is a felony of the third degree if,
at the time of the offense, the offender was driving under a
suspension imposed under Chapter 4510. or any other provision of the
Revised Code, if the offender previously has been convicted of or
pleaded guilty to a violation of this section or any traffic-related
homicide, manslaughter, or assault offense, or if, in the same course
of conduct that resulted in the violation of division (A)(2) of this
section, the offender also violated section 4549.02, 4549.021, or
4549.03 of the Revised Code.

In
addition to any other sanctions imposed, the court shall impose upon
the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of that section.

(3)
Except as otherwise provided in this division, vehicular assault
committed in violation of division (A)(3) of this section is a
misdemeanor of the first degree. Vehicular assault committed in
violation of division (A)(3) of this section is a felony of the
fourth degree if, at the time of the offense, the offender was
driving under a suspension imposed under Chapter 4510. or any other
provision of the Revised Code or if the offender previously has been
convicted of or pleaded guilty to a violation of this section or any
traffic-related homicide, manslaughter, or assault offense.

In
addition to any other sanctions imposed, the court shall impose upon
the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of section 4510.02 of the Revised Code.

(D)(1)
The court shall impose a mandatory prison term, as described in
division (D)(4) of this section, on an offender who is convicted of
or pleads guilty to a violation of division (A)(1) of this section.

(2)
The court shall impose a mandatory prison term, as described in
division (D)(4) of this section, on an offender who is convicted of
or pleads guilty to a violation of division (A)(2) of this section or
a felony violation of division (A)(3) of this section if either of
the following applies:

(a)
The offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.06 of the Revised Code.

(b)
At the time of the offense, the offender was driving under suspension
under Chapter 4510. or any other provision of the Revised Code.

(3)
The court shall impose a mandatory jail term of at least seven days
on an offender who is convicted of or pleads guilty to a misdemeanor
violation of division (A)(3) of this section and may impose upon the
offender a longer jail term as authorized pursuant to section 2929.24
of the Revised Code.

(4)
A mandatory prison term required under division (D)(1) or (2) of this
section shall be a definite term from the range of prison terms
provided in division (A)(2)(b) of section 2929.14 of the Revised Code
for a felony of the second degree, from division (A)(3)(a) of that
section for a felony of the third degree, or from division (A)(4) of
that section for a felony of the fourth degree, whichever is
applicable, except that if the violation is a felony of the second
degree committed on or after March 22, 2019, the court shall impose
as the minimum prison term for the offense a mandatory prison term
that is one of the minimum terms prescribed for a felony of the
second degree in division (A)(2)(a) of section 2929.14 of the Revised
Code.

(E)
Divisions (A)(2)(a) and (3) of this section do not apply in a
particular construction zone unless signs of the type described in
section 2903.081 of the Revised Code are erected in that construction
zone in accordance with the guidelines and design specifications
established by the director of transportation under section 5501.27
of the Revised Code. The failure to erect signs of the type described
in section 2903.081 of the Revised Code in a particular construction
zone in accordance with those guidelines and design specifications
does not limit or affect the application of division (A)(1)

or
,

(2)(b)
,
or (2)(c)

of this section in that construction zone or the prosecution of any
person who violates either of those divisions in that construction
zone.

(F)
As used in this section:

(1)
"Mandatory prison term" and "mandatory jail term"
have the same meanings as in section 2929.01 of the Revised Code.

(2)
"Traffic-related homicide, manslaughter, or assault offense"
and "traffic-related murder, felonious assault, or attempted
murder offense" have the same meanings as in section 2903.06 of
the Revised Code.

(3)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.

(4)
"Reckless operation offense" and "speeding offense"
have the same meanings as in section 2903.06 of the Revised Code.

(G)
For the purposes of this section, when a penalty or suspension is
enhanced because of a prior or current violation of a specified law
or a prior or current specified offense, the reference to the
violation of the specified law or the specified offense includes any
violation of any substantially equivalent municipal ordinance, former
law of this state, or current or former law of another state or the
United States.

Sec.
2903.081.
(A)
As used in this section:

(1)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.

(2)
"Reckless operation offense" and "speeding offense"
have the same meanings as in section 2903.06 of the Revised Code.

(B)
The director of transportation, board of county commissioners, or
board of township trustees shall cause signs to be erected in
construction zones notifying motorists of the prohibitions set forth
in sections 2903.06 and 2903.08 of the Revised Code regarding the
death of or injury to any person in the construction zone as a
proximate result of a reckless operation offense or speeding offense
in the construction zone. The prohibitions set forth in divisions
(A)(2)(b) and (3)(b) of section 2903.06 and divisions (A)(2)(a) and
(3) of section 2903.08 of the Revised Code apply to persons who
commit a reckless operation offense or speeding offense in a
particular construction zone only when signs of that nature are
erected in that construction zone in accordance with the guidelines
and design specifications established by the director under section
5501.27 of the Revised Code. The failure to erect signs of that
nature in a particular construction zone in accordance with those
guidelines and design specifications does not limit or affect the
application of division (A)(1), (A)(2)(a),
(A)(2)(c),

(A)(3)(a),
or (A)(4) of section 2903.06 or division (A)(1)

or
,

(2)(b)
,
or (2)(c)

of section 2903.08 of the Revised Code in that construction zone or
the prosecution of any person who violates either of those divisions
in that construction zone.

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
,
school crossing guard performing official duties,

or a school bus operator, and the offense occurs in a school, on
school premises, in a school building, on a school bus,

in a crosswalk or sidewalk that is in or adjacent to a school zone,

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 of
the first 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) of section 2929.28 of the Revised
Code for a misdemeanor of the first degree, 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 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.

(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
behavioral
health
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.

(27)
"School crossing guard performing official duties" means a
formally designated school crossing guard acting in accordance with
division (B) of section 4511.461 of the Revised Code.

Sec.
4511.461.
(A)
As used in this section:

(1)
"School crossing guard" means a person formally designated
by a school district, municipality, township, or law enforcement
agency to direct traffic through a crosswalk while pedestrians are
going to or leaving school during the opening or closing hours.

(2)
"Official duties" means the actions taken by a school
crossing guard while wearing or displaying high-visibility apparel or
using a stop paddle, a whistle, or specific hand movements as a means
to clearly direct traffic in or near a crosswalk.

(3)
"School zone" has the same meaning as in section 4511.21 of
the Revised Code.

(4)
"Lawful order" means a command given within the scope of
the authority granted by statute while the person giving the command
is performing official duties.

(B)
A school crossing guard, while performing official duties, may
direct, stop, or otherwise control traffic in order to ensure the
safety of a pedestrian using a crosswalk.

(C)(1)
No person shall knowingly fail to obey a lawful order given by a
school crossing guard while the school crossing guard is performing
official duties.

(2)
No person shall knowingly harass, threaten, intimidate, or interfere
with a school crossing guard while the school crossing guard is
performing official duties.

(D)
Whoever violates division (C) of this section is guilty of a
misdemeanor in the first degree.

(E)
Notwithstanding division (D) of this section, if the offender was in
a school zone at the time of the violation during the hours in which
the school zone speed limit was in effect, the court, in addition to
all other penalties provided by law, shall impose upon the offender a
fine of two times the usual amount imposed for the violation.

(F)
In addition to all other penalties provided by law, points shall be
assessed for a violation of division (C) of this section in
accordance with section 4510.036 of the Revised Code.

(G)(1)
Except as provided in division (G)(2) of this section, a school
crossing guard is immune from liability in a civil action to recover
damages for injury, death, or loss to person or property allegedly
caused by an act or omission in connection with a power, duty,
responsibility, or authorization granted to the school crossing guard
under this section.

(2)
The immunity described in division (G)(1) of this section does not
apply to a school crossing guard if, in relation to the act or
omission in question, any of the following applies:

(a)
The act or omission was manifestly outside the scope of the school
crossing guard's official duties.

(b)
The act or omission was with malicious purpose, in bad faith, or in a
wanton or reckless manner.

(c)
Liability for the act or omission is expressly imposed by another
provision of the Revised Code.

Section
2.
That
existing sections
2903.06,

2903.08,
2903.081, and 2903.13 of the Revised Code are hereby repealed.