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
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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.
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(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
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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.
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(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:
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(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 2929.282929.18 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
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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
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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
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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,
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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 .
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(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
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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
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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.
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