HB 690

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  1
  2903.13 and to enact section 4511.461 of the  2
  Revised Code to establish penalties for failing  3
  to obey a school crossing guard and other  4
  associated offenses.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 2903.06, 2903.08, 2903.081, and  6
2903.13 be amended and section 4511.461 of the Revised Code be  7
enacted to read as follows:  8
     Sec. 2903.06. (A) No person, while operating or  9
participating in the operation of a motor vehicle, motorcycle,  10
utility vehicle, mini-truck, snowmobile, locomotive, watercraft,  11
or aircraft, shall cause the death of another or the unlawful  12
termination of another's pregnancy in any of the following ways:  13
     (1) As the proximate result of committing an OVI offense.  14
     (2) In one of the following ways:  15
     (a) Recklessly;  16
     (b) As the proximate result of committing, while operating  17
or participating in the operation of a motor vehicle, utility  18
H. B. No. 690  Page 2
As Introduced
vehicle, mini-truck, or motorcycle in a construction zone, a  19
reckless operation offense, provided that this division applies  20
only if the person whose death is caused or whose pregnancy is  21
unlawfully terminated is in the construction zone at the time of  22
the offender's commission of the reckless operation offense in  23
the construction zone and does not apply as described in  24
division (F) of this section;  25
       (c) As the proximate result of committing a violation of  26
division (C) of section 4511.461 of the Revised Code.  27
       (3) In one of the following ways:  28
       (a) Negligently;  29
       (b) As the proximate result of committing, while operating  30
or participating in the operation of a motor vehicle, utility  31
vehicle, mini-truck, or motorcycle in a construction zone, a  32
speeding offense, provided that this division applies only if  33
the person whose death is caused or whose pregnancy is  34
unlawfully terminated is in the construction zone at the time of  35
the offender's commission of the speeding offense in the  36
construction zone and does not apply as described in division  37
(F) of this section.  38
       (4) As the proximate result of committing a violation of  39
any provision of any section contained in Title XLV of the  40
Revised Code that is a minor misdemeanor or of a municipal  41
ordinance that, regardless of the penalty set by ordinance for  42
the violation, is substantially equivalent to any provision of  43
any section contained in Title XLV of the Revised Code that is a  44
minor misdemeanor.  45
       (B)(1) Whoever violates division (A)(1) or (2) of this  46
section is guilty of aggravated vehicular homicide and shall be  47
H. B. No. 690  Page 3
As Introduced
punished as provided in divisions (B)(2) and (3) of this  48
section.  49
       (2)(a) Except as otherwise provided in division (B)(2)(b),  50
(c), or (d) of this section, aggravated vehicular homicide  51
committed in violation of division (A)(1) of this section is a  52
felony of the second degree and the court shall impose a  53
mandatory prison term on the offender as described in division  54
(E) of this section.  55
       (b) Except as otherwise provided in division (B)(2)(c) or  56
(d) of this section, aggravated vehicular homicide committed in  57
violation of division (A)(1) of this section is a felony of the  58
first degree, and the court shall impose a mandatory prison term  59
on the offender as described in division (E) of this section, if  60
any of the following apply:  61
       (i) At the time of the offense, the offender was driving  62
under a suspension or cancellation imposed under Chapter 4510.  63
or any other provision of the Revised Code or was operating a  64
motor vehicle or motorcycle, did not have a valid driver's  65
license, commercial driver's license, temporary instruction  66
permit, probationary license, or nonresident operating  67
privilege, and was not eligible for renewal of the offender's  68
driver's license or commercial driver's license without  69
examination under section 4507.10 of the Revised Code.  70
       (ii) The offender previously has been convicted of or  71
pleaded guilty to one prior OVI offense within the previous  72
twenty years.  73
       (iii) The offender previously has been convicted of or  74
pleaded guilty to one prior traffic-related homicide,  75
manslaughter, or assault offense within the previous twenty  76
H. B. No. 690  Page 4
As Introduced
years.  77
       (c) Except as otherwise provided in division (B)(2)(d) of  78
this section, aggravated vehicular homicide committed in  79
violation of division (A)(1) of this section is a felony of the  80
first degree, and the court shall sentence the offender to a  81
mandatory prison term as provided in section 2929.142 of the  82
Revised Code and described in division (E) of this section if  83
any of the following apply:  84
       (i) The offender previously has been convicted of or  85
pleaded guilty to two prior OVI offenses within the previous  86
twenty years.  87
       (ii) The offender previously has been convicted of or  88
pleaded guilty to two prior traffic-related homicide,  89
manslaughter, or assault offenses within the previous twenty  90
years.  91
       (iii) The offender previously has been convicted of or  92
pleaded guilty to two prior violations of any combination of the  93
offenses listed in division (B)(2)(c)(i) and (ii) of this  94
section within the previous twenty years.  95
       (d) Aggravated vehicular homicide committed in violation  96
of division (A)(1) of this section is a felony of the first  97
degree, and the court shall sentence the offender to a mandatory  98
prison term as provided in section 2929.142 of the Revised Code  99
and described in division (E) of this section if any of the  100
following apply:  101
       (i) The offender previously has been convicted of or  102
pleaded guilty to three or more prior OVI offenses within the  103
previous twenty years.  104
       (ii) The offender previously has been convicted of or  105
H. B. No. 690  Page 5
As Introduced
pleaded guilty to three or more prior traffic-related homicide,  106
manslaughter, or assault offenses within the previous twenty  107
years.  108
        (iii) The offender previously has been convicted of or  109
pleaded guilty to three or more prior violations of any  110
combination of the offenses listed in divisions (B)(2)(d)(i) and  111
(ii) of this section within the previous twenty years.  112
        (e) In addition to any other sanctions imposed pursuant to  113
division (B)(2)(a), (b), (c), or (d) of this section for  114
aggravated vehicular homicide committed in violation of division  115
(A)(1) of this section, the court shall impose upon the offender  116
a class one suspension of the offender's driver's license,  117
commercial driver's license, temporary instruction permit,  118
probationary license, or nonresident operating privilege as  119
specified in division (A)(1) of section 4510.02 of the Revised  120
Code.  121
        Divisions (A)(1) to (3) of section 4510.54 of the Revised  122
Code apply to a suspension imposed under division (B)(2)(e) of  123
this section.  124
        (f) Notwithstanding section 2929.18 of the Revised Code,  125
and in addition to any other sanctions imposed pursuant to  126
division (B)(2) of this section for aggravated vehicular  127
homicide committed in violation of division (A)(1) of this  128
section, the court shall impose upon the offender a fine of not  129
more than twenty-five thousand dollars.  130
        (3) Except as otherwise provided in this division,  131
aggravated vehicular homicide committed in violation of division  132
(A)(2) of this section is a felony of the third degree.  133
Aggravated vehicular homicide committed in violation of division  134
H. B. No. 690  Page 6
As Introduced
(A)(2) of this section is a felony of the second degree if, at  135
the time of the offense, the offender was driving under a  136
suspension or cancellation imposed under Chapter 4510. or any  137
other provision of the Revised Code or was operating a motor  138
vehicle or motorcycle, did not have a valid driver's license,  139
commercial driver's license, temporary instruction permit,  140
probationary license, or nonresident operating privilege, and  141
was not eligible for renewal of the offender's driver's license  142
or commercial driver's license without examination under section  143
4507.10 of the Revised Code or if the offender previously has  144
been convicted of or pleaded guilty to a violation of this  145
section or any traffic-related homicide, manslaughter, or  146
assault offense. The court shall impose a mandatory prison term  147
on the offender when required by division (E) of this section.  148
       In addition to any other sanctions imposed pursuant to  149
this division for a violation of division (A)(2) of this  150
section, the court shall impose upon the offender a class two  151
suspension of the offender's driver's license, commercial  152
driver's license, temporary instruction permit, probationary  153
license, or nonresident operating privilege from the range  154
specified in division (A)(2) of section 4510.02 of the Revised  155
Code or, if the offender previously has been convicted of or  156
pleaded guilty to a traffic-related murder, felonious assault,  157
or attempted murder offense, a class one suspension of the  158
offender's driver's license, commercial driver's license,  159
temporary instruction permit, probationary license, or  160
nonresident operating privilege as specified in division (A)(1)  161
of that section.  162
       (C) Whoever violates division (A)(3) of this section is  163
guilty of vehicular homicide. Except as otherwise provided in  164
this division, vehicular homicide is a misdemeanor of the first  165
H. B. No. 690  Page 7
As Introduced
degree. Vehicular homicide committed in violation of division  166
(A)(3) of this section is a felony of the fourth degree if, at  167
the time of the offense, the offender was driving under a  168
suspension or cancellation imposed under Chapter 4510. or any  169
other provision of the Revised Code or was operating a motor  170
vehicle or motorcycle, did not have a valid driver's license,  171
commercial driver's license, temporary instruction permit,  172
probationary license, or nonresident operating privilege, and  173
was not eligible for renewal of the offender's driver's license  174
or commercial driver's license without examination under section  175
4507.10 of the Revised Code or if the offender previously has  176
been convicted of or pleaded guilty to a violation of this  177
section or any traffic-related homicide, manslaughter, or  178
assault offense. The court shall impose a mandatory jail term or  179
a mandatory prison term on the offender when required by  180
division (E) of this section.  181
       In addition to any other sanctions imposed pursuant to  182
this division, the court shall impose upon the offender a class  183
four suspension of the offender's driver's license, commercial  184
driver's license, temporary instruction permit, probationary  185
license, or nonresident operating privilege from the range  186
specified in division (A)(4) of section 4510.02 of the Revised  187
Code, or, if the offender previously has been convicted of or  188
pleaded guilty to a violation of this section or any traffic-  189
related homicide, manslaughter, or assault offense, a class  190
three suspension of the offender's driver's license, commercial  191
driver's license, temporary instruction permit, probationary  192
license, or nonresident operating privilege from the range  193
specified in division (A)(3) of that section, or, if the  194
offender previously has been convicted of or pleaded guilty to a  195
traffic-related murder, felonious assault, or attempted murder  196
H. B. No. 690  Page 8
As Introduced
offense, a class two suspension of the offender's driver's  197
license, commercial driver's license, temporary instruction  198
permit, probationary license, or nonresident operating privilege  199
as specified in division (A)(2) of that section.  200
       (D) Whoever violates division (A)(4) of this section is  201
guilty of vehicular manslaughter. Except as otherwise provided  202
in this division, vehicular manslaughter is a misdemeanor of the  203
second degree. Vehicular manslaughter is a misdemeanor of the  204
first degree if, at the time of the offense, the offender was  205
driving under a suspension or cancellation imposed under Chapter  206
4510. or any other provision of the Revised Code or was  207
operating a motor vehicle or motorcycle, did not have a valid  208
driver's license, commercial driver's license, temporary  209
instruction permit, probationary license, or nonresident  210
operating privilege, and was not eligible for renewal of the  211
offender's driver's license or commercial driver's license  212
without examination under section 4507.10 of the Revised Code or  213
if the offender previously has been convicted of or pleaded  214
guilty to a violation of this section or any traffic-related  215
homicide, manslaughter, or assault offense.  216
       In addition to any other sanctions imposed pursuant to  217
this division, the court shall impose upon the offender a class  218
six suspension of the offender's driver's license, commercial  219
driver's license, temporary instruction permit, probationary  220
license, or nonresident operating privilege from the range  221
specified in division (A)(6) of section 4510.02 of the Revised  222
Code or, if the offender previously has been convicted of or  223
pleaded guilty to a violation of this section, any traffic-  224
related homicide, manslaughter, or assault offense, or a  225
traffic-related murder, felonious assault, or attempted murder  226
offense, a class four suspension of the offender's driver's  227
H. B. No. 690  Page 9
As Introduced
license, commercial driver's license, temporary instruction  228
permit, probationary license, or nonresident operating privilege  229
from the range specified in division (A)(4) of that section.  230
       (E)(1) The court shall impose a mandatory prison term on  231
an offender who is convicted of or pleads guilty to a violation  232
of division (A)(1) of this section. Except as otherwise provided  233
in this division, the mandatory prison term shall be a definite  234
term from the range of prison terms provided in division (A)(1)  235
(b) of section 2929.14 of the Revised Code for a felony of the  236
first degree or from division (A)(2)(b) of that section for a  237
felony of the second degree, whichever is applicable, except  238
that if the violation is committed on or after March 22, 2019,  239
the court shall impose as the minimum prison term for the  240
offense a mandatory prison term that is one of the minimum terms  241
prescribed for a felony of the first degree in division (A)(1)  242
(a) of section 2929.14 of the Revised Code or one of the terms  243
prescribed for a felony of the second degree in division (A)(2)  244
(a) of that section, whichever is applicable. If division (B)(2)  245
(c) or (d) of this section applies to an offender who is  246
convicted of or pleads guilty to the violation of division (A)  247
(1) of this section, the court shall impose the mandatory prison  248
term pursuant to division (A) or (B) of section 2929.142 of the  249
Revised Code, as applicable. The court shall impose a mandatory  250
jail term of at least fifteen days on an offender who is  251
convicted of or pleads guilty to a misdemeanor violation of  252
division (A)(3)(b) of this section and may impose upon the  253
offender a longer jail term as authorized pursuant to section  254
2929.24 of the Revised Code.  255
       (2) The court shall impose a mandatory prison term on an  256
offender who is convicted of or pleads guilty to a violation of  257
division (A)(2) or (3)(a) of this section or a felony violation  258
H. B. No. 690  Page 10
As Introduced
of division (A)(3)(b) of this section if either division (E)(2)  259
(a) or (b) of this section applies. The mandatory prison term  260
shall be a definite term from the range of prison terms provided  261
in division (A)(3)(a) of section 2929.14 of the Revised Code for  262
a felony of the third degree or from division (A)(4) of that  263
section for a felony of the fourth degree, whichever is  264
applicable. The court shall impose a mandatory prison term on an  265
offender in a category described in this division if either of  266
the following applies:  267
       (a) The offender previously has been convicted of or  268
pleaded guilty to a violation of this section or section 2903.08  269
of the Revised Code.  270
       (b) At the time of the offense, the offender was driving  271
under suspension or cancellation under Chapter 4510. or any  272
other provision of the Revised Code or was operating a motor  273
vehicle or motorcycle, did not have a valid driver's license,  274
commercial driver's license, temporary instruction permit,  275
probationary license, or nonresident operating privilege, and  276
was not eligible for renewal of the offender's driver's license  277
or commercial driver's license without examination under section  278
4507.10 of the Revised Code.  279
       (F) Divisions (A)(2)(b) and (3)(b) of this section do not  280
apply in a particular construction zone unless signs of the type  281
described in section 2903.081 of the Revised Code are erected in  282
that construction zone in accordance with the guidelines and  283
design specifications established by the director of  284
transportation under section 5501.27 of the Revised Code. The  285
failure to erect signs of the type described in section 2903.081  286
of the Revised Code in a particular construction zone in  287
accordance with those guidelines and design specifications does  288
H. B. No. 690  Page 11
As Introduced
not limit or affect the application of division (A)(1), (A)(2)  289
(a), (A)(2)(c), (A)(3)(a), or (A)(4) of this section in that  290
construction zone or the prosecution of any person who violates  291
any of those divisions in that construction zone.  292
        (G)(1) As used in this section:  293
        (a) "Mandatory prison term" and "mandatory jail term" have  294
the same meanings as in section 2929.01 of the Revised Code.  295
        (b) "Traffic-related homicide, manslaughter, or assault  296
offense" means a violation of section 2903.04 of the Revised  297
Code in circumstances in which division (D) of that section  298
applies, a violation of section 2903.06 or 2903.08 of the  299
Revised Code, or a violation of section 2903.06, 2903.07, or  300
2903.08 of the Revised Code as they existed prior to March 23,  301
2000.  302
        (c) "Construction zone" has the same meaning as in section  303
5501.27 of the Revised Code.  304
        (d) "Reckless operation offense" means a violation of  305
section 4511.20 of the Revised Code or a municipal ordinance  306
substantially equivalent to section 4511.20 of the Revised Code.  307
        (e) "Speeding offense" means a violation of section  308
4511.21 of the Revised Code or a municipal ordinance pertaining  309
to speed.  310
        (f) "Traffic-related murder, felonious assault, or  311
attempted murder offense" means a violation of section 2903.01  312
or 2903.02 of the Revised Code in circumstances in which the  313
offender used a motor vehicle as the means to commit the  314
violation, a violation of division (A)(2) of section 2903.11 of  315
the Revised Code in circumstances in which the deadly weapon  316
used in the commission of the violation is a motor vehicle, or  317
H. B. No. 690  Page 12
As Introduced
an attempt to commit aggravated murder or murder in violation of  318
section 2923.02 of the Revised Code in circumstances in which  319
the offender used a motor vehicle as the means to attempt to  320
commit the aggravated murder or murder.  321
        (g) "Motor vehicle," "mini-truck," and "utility vehicle"  322
have the same meanings as in section 4501.01 of the Revised  323
Code.  324
        (h) "OVI offense" means a violation of division (A) of  325
section 4511.19 of the Revised Code, a violation of division (A)  326
of section 1547.11 of the Revised Code, a violation of division  327
(A)(3) of section 4561.15 of the Revised Code, or a  328
substantially equivalent municipal ordinance.  329
        (2) For the purposes of this section, when a penalty or  330
suspension is enhanced because of a prior or current violation  331
of a specified law or a prior or current specified offense, the  332
reference to the violation of the specified law or the specified  333
offense includes any violation of any substantially equivalent  334
municipal ordinance, former law of this state, or current or  335
former law of another state or the United States.  336
        Sec. 2903.08. (A) No person, while operating or  337
participating in the operation of a motor vehicle, motorcycle,  338
utility vehicle, mini-truck, snowmobile, locomotive, watercraft,  339
or aircraft, shall cause serious physical harm to another person  340
or another's unborn in any of the following ways:  341
        (1)(a) As the proximate result of committing a violation  342
of division (A) of section 4511.19 of the Revised Code or of a  343
substantially equivalent municipal ordinance;  344
        (b) As the proximate result of committing a violation of  345
division (A) of section 1547.11 of the Revised Code or of a  346
H. B. No. 690  Page 13
As Introduced
substantially equivalent municipal ordinance;  347
       (c) As the proximate result of committing a violation of  348
division (A)(3) of section 4561.15 of the Revised Code or of a  349
substantially equivalent municipal ordinance.  350
       (2) In one of the following ways:  351
       (a) As the proximate result of committing, while operating  352
or participating in the operation of a motor vehicle, utility  353
vehicle, mini-truck, or motorcycle in a construction zone, a  354
reckless operation offense, provided that this division applies  355
only if the person to whom the serious physical harm is caused  356
or to whose unborn the serious physical harm is caused is in the  357
construction zone at the time of the offender's commission of  358
the reckless operation offense in the construction zone and does  359
not apply as described in division (E) of this section;  360
       (b) Recklessly;  361
       (c) As the proximate result of committing a violation of  362
division (C) of section 4511.461 of the Revised Code.  363
       (3) As the proximate result of committing, while operating  364
or participating in the operation of a motor vehicle, utility  365
vehicle, mini-truck, or motorcycle in a construction zone, a  366
speeding offense, provided that this division applies only if  367
the person to whom the serious physical harm is caused or to  368
whose unborn the serious physical harm is caused is in the  369
construction zone at the time of the offender's commission of  370
the speeding offense in the construction zone and does not apply  371
as described in division (E) of this section.  372
       (B)(1) Whoever violates division (A)(1) of this section is  373
guilty of aggravated vehicular assault. Except as otherwise  374
provided in this division, aggravated vehicular assault is a  375
H. B. No. 690  Page 14
As Introduced
felony of the third degree. Aggravated vehicular assault is a  376
felony of the second degree if any of the following apply:  377
       (a) At the time of the offense, the offender was driving  378
under a suspension imposed under Chapter 4510. or any other  379
provision of the Revised Code.  380
       (b) The offender previously has been convicted of or  381
pleaded guilty to a violation of this section.  382
       (c) The offender previously has been convicted of or  383
pleaded guilty to any traffic-related homicide, manslaughter, or  384
assault offense.  385
       (d) The offender previously has been convicted of or  386
pleaded guilty to three or more prior violations of division (A)  387
of section 4511.19 of the Revised Code or a substantially  388
equivalent municipal ordinance within the previous ten years.  389
       (e) The offender previously has been convicted of or  390
pleaded guilty to three or more prior violations of division (A)  391
of section 1547.11 of the Revised Code or of a substantially  392
equivalent municipal ordinance within the previous ten years.  393
       (f) The offender previously has been convicted of or  394
pleaded guilty to three or more prior violations of division (A)  395
(3) of section 4561.15 of the Revised Code or of a substantially  396
equivalent municipal ordinance within the previous ten years.  397
       (g) The offender previously has been convicted of or  398
pleaded guilty to three or more prior violations of any  399
combination of the offenses listed in division (B)(1)(d), (e),  400
or (f) of this section.  401
       (h) The offender previously has been convicted of or  402
pleaded guilty to a second or subsequent felony violation of  403
H. B. No. 690  Page 15
As Introduced
division (A) of section 4511.19 of the Revised Code.  404
       (2) In addition to any other sanctions imposed pursuant to  405
division (B)(1) of this section, except as otherwise provided in  406
this division, the court shall impose upon the offender a class  407
three suspension of the offender's driver's license, commercial  408
driver's license, temporary instruction permit, probationary  409
license, or nonresident operating privilege from the range  410
specified in division (A)(3) of section 4510.02 of the Revised  411
Code. If the offender previously has been convicted of or  412
pleaded guilty to a violation of this section, any traffic-  413
related homicide, manslaughter, or assault offense, or any  414
traffic-related murder, felonious assault, or attempted murder  415
offense, the court shall impose either a class two suspension of  416
the offender's driver's license, commercial driver's license,  417
temporary instruction permit, probationary license, or  418
nonresident operating privilege from the range specified in  419
division (A)(2) of that section or a class one suspension as  420
specified in division (A)(1) of that section.  421
       (C)(1) Whoever violates division (A)(2) or (3) of this  422
section is guilty of vehicular assault and shall be punished as  423
provided in divisions (C)(2) and (3) of this section.  424
       (2) Except as otherwise provided in this division,  425
vehicular assault committed in violation of division (A)(2) of  426
this section is a felony of the fourth degree. Vehicular assault  427
committed in violation of division (A)(2) of this section is a  428
felony of the third degree if, at the time of the offense, the  429
offender was driving under a suspension imposed under Chapter  430
4510. or any other provision of the Revised Code, if the  431
offender previously has been convicted of or pleaded guilty to a  432
violation of this section or any traffic-related homicide,  433
H. B. No. 690  Page 16
As Introduced
manslaughter, or assault offense, or if, in the same course of  434
conduct that resulted in the violation of division (A)(2) of  435
this section, the offender also violated section 4549.02,  436
4549.021, or 4549.03 of the Revised Code.  437
       In addition to any other sanctions imposed, the court  438
shall impose upon the offender a class four suspension of the  439
offender's driver's license, commercial driver's license,  440
temporary instruction permit, probationary license, or  441
nonresident operating privilege from the range specified in  442
division (A)(4) of section 4510.02 of the Revised Code or, if  443
the offender previously has been convicted of or pleaded guilty  444
to a violation of this section, any traffic-related homicide,  445
manslaughter, or assault offense, or any traffic-related murder,  446
felonious assault, or attempted murder offense, a class three  447
suspension of the offender's driver's license, commercial  448
driver's license, temporary instruction permit, probationary  449
license, or nonresident operating privilege from the range  450
specified in division (A)(3) of that section.  451
       (3) Except as otherwise provided in this division,  452
vehicular assault committed in violation of division (A)(3) of  453
this section is a misdemeanor of the first degree. Vehicular  454
assault committed in violation of division (A)(3) of this  455
section is a felony of the fourth degree if, at the time of the  456
offense, the offender was driving under a suspension imposed  457
under Chapter 4510. or any other provision of the Revised Code  458
or if the offender previously has been convicted of or pleaded  459
guilty to a violation of this section or any traffic-related  460
homicide, manslaughter, or assault offense.  461
       In addition to any other sanctions imposed, the court  462
shall impose upon the offender a class four suspension of the  463
H. B. No. 690  Page 17
As Introduced
offender's driver's license, commercial driver's license,  464
temporary instruction permit, probationary license, or  465
nonresident operating privilege from the range specified in  466
division (A)(4) of section 4510.02 of the Revised Code or, if  467
the offender previously has been convicted of or pleaded guilty  468
to a violation of this section, any traffic-related homicide,  469
manslaughter, or assault offense, or any traffic-related murder,  470
felonious assault, or attempted murder offense, a class three  471
suspension of the offender's driver's license, commercial  472
driver's license, temporary instruction permit, probationary  473
license, or nonresident operating privilege from the range  474
specified in division (A)(3) of section 4510.02 of the Revised  475
Code.  476
        (D)(1) The court shall impose a mandatory prison term, as  477
described in division (D)(4) of this section, on an offender who  478
is convicted of or pleads guilty to a violation of division (A)  479
(1) of this section.  480
        (2) The court shall impose a mandatory prison term, as  481
described in division (D)(4) of this section, on an offender who  482
is convicted of or pleads guilty to a violation of division (A)  483
(2) of this section or a felony violation of division (A)(3) of  484
this section if either of the following applies:  485
        (a) The offender previously has been convicted of or  486
pleaded guilty to a violation of this section or section 2903.06  487
of the Revised Code.  488
        (b) At the time of the offense, the offender was driving  489
under suspension under Chapter 4510. or any other provision of  490
the Revised Code.  491
        (3) The court shall impose a mandatory jail term of at  492
H. B. No. 690  Page 18
As Introduced
least seven days on an offender who is convicted of or pleads  493
guilty to a misdemeanor violation of division (A)(3) of this  494
section and may impose upon the offender a longer jail term as  495
authorized pursuant to section 2929.24 of the Revised Code.  496
       (4) A mandatory prison term required under division (D)(1)  497
or (2) of this section shall be a definite term from the range  498
of prison terms provided in division (A)(2)(b) of section  499
2929.14 of the Revised Code for a felony of the second degree,  500
from division (A)(3)(a) of that section for a felony of the  501
third degree, or from division (A)(4) of that section for a  502
felony of the fourth degree, whichever is applicable, except  503
that if the violation is a felony of the second degree committed  504
on or after March 22, 2019, the court shall impose as the  505
minimum prison term for the offense a mandatory prison term that  506
is one of the minimum terms prescribed for a felony of the  507
second degree in division (A)(2)(a) of section 2929.14 of the  508
Revised Code.  509
       (E) Divisions (A)(2)(a) and (3) of this section do not  510
apply in a particular construction zone unless signs of the type  511
described in section 2903.081 of the Revised Code are erected in  512
that construction zone in accordance with the guidelines and  513
design specifications established by the director of  514
transportation under section 5501.27 of the Revised Code. The  515
failure to erect signs of the type described in section 2903.081  516
of the Revised Code in a particular construction zone in  517
accordance with those guidelines and design specifications does  518
not limit or affect the application of division (A)(1) or , (2)  519
(b), or (2)(c) of this section in that construction zone or the  520
prosecution of any person who violates either of those divisions  521
in that construction zone.  522
H. B. No. 690  Page 19
As Introduced
        (F) As used in this section:  523
        (1) "Mandatory prison term" and "mandatory jail term" have  524
the same meanings as in section 2929.01 of the Revised Code.  525
        (2) "Traffic-related homicide, manslaughter, or assault  526
offense" and "traffic-related murder, felonious assault, or  527
attempted murder offense" have the same meanings as in section  528
2903.06 of the Revised Code.  529
        (3) "Construction zone" has the same meaning as in section  530
5501.27 of the Revised Code.  531
        (4) "Reckless operation offense" and "speeding offense"  532
have the same meanings as in section 2903.06 of the Revised  533
Code.  534
        (G) For the purposes of this section, when a penalty or  535
suspension is enhanced because of a prior or current violation  536
of a specified law or a prior or current specified offense, the  537
reference to the violation of the specified law or the specified  538
offense includes any violation of any substantially equivalent  539
municipal ordinance, former law of this state, or current or  540
former law of another state or the United States.  541
        Sec. 2903.081. (A) As used in this section:  542
        (1) "Construction zone" has the same meaning as in section  543
5501.27 of the Revised Code.  544
        (2) "Reckless operation offense" and "speeding offense"  545
have the same meanings as in section 2903.06 of the Revised  546
Code.  547
        (B) The director of transportation, board of county  548
commissioners, or board of township trustees shall cause signs  549
to be erected in construction zones notifying motorists of the  550
H. B. No. 690  Page 20
As Introduced
prohibitions set forth in sections 2903.06 and 2903.08 of the  551
Revised Code regarding the death of or injury to any person in  552
the construction zone as a proximate result of a reckless  553
operation offense or speeding offense in the construction zone.  554
The prohibitions set forth in divisions (A)(2)(b) and (3)(b) of  555
section 2903.06 and divisions (A)(2)(a) and (3) of section  556
2903.08 of the Revised Code apply to persons who commit a  557
reckless operation offense or speeding offense in a particular  558
construction zone only when signs of that nature are erected in  559
that construction zone in accordance with the guidelines and  560
design specifications established by the director under section  561
5501.27 of the Revised Code. The failure to erect signs of that  562
nature in a particular construction zone in accordance with  563
those guidelines and design specifications does not limit or  564
affect the application of division (A)(1), (A)(2)(a), (A)(2)(c),  565
(A)(3)(a), or (A)(4) of section 2903.06 or division (A)(1) or ,  566
(2)(b), or (2)(c) of section 2903.08 of the Revised Code in that  567
construction zone or the prosecution of any person who violates  568
either of those divisions in that construction zone.  569
       Sec. 2903.13. (A) No person shall knowingly cause or  570
attempt to cause physical harm to another or to another's  571
unborn.  572
       (B) No person shall recklessly cause serious physical harm  573
to another or to another's unborn.  574
       (C)(1) Whoever violates this section is guilty of assault,  575
and the court shall sentence the offender as provided in this  576
division and divisions (C)(1), (2), (3), (4), (5), (6), (7),  577
(8), (9), and (10) of this section. Except as otherwise provided  578
in division (C)(2), (3), (4), (5), (6), (7), (8), or (9) of this  579
section, assault is a misdemeanor of the first degree.  580
H. B. No. 690  Page 21
As Introduced
       (2) Except as otherwise provided in this division, if the  581
offense is committed by a caretaker against a person with a  582
functional impairment under the caretaker's care, assault is a  583
felony of the fourth degree. If the offense is committed by a  584
caretaker against a person with a functional impairment under  585
the caretaker's care, if the offender previously has been  586
convicted of or pleaded guilty to a violation of this section or  587
section 2903.11 or 2903.16 of the Revised Code, and if in  588
relation to the previous conviction the offender was a caretaker  589
and the victim was a person with a functional impairment under  590
the offender's care, assault is a felony of the third degree.  591
       (3) If the offense occurs in or on the grounds of a state  592
correctional institution or an institution of the department of  593
youth services, the victim of the offense is an employee of the  594
department of rehabilitation and correction or the department of  595
youth services, and the offense is committed by a person  596
incarcerated in the state correctional institution or by a  597
person institutionalized in the department of youth services  598
institution pursuant to a commitment to the department of youth  599
services, assault is a felony of the third degree.  600
       (4) If the offense is committed in any of the following  601
circumstances, assault is a felony of the fifth degree:  602
       (a) The offense occurs in or on the grounds of a local  603
correctional facility, the victim of the offense is an employee  604
of the local correctional facility or a probation department or  605
is on the premises of the facility for business purposes or as a  606
visitor, and the offense is committed by a person who is under  607
custody in the facility subsequent to the person's arrest for  608
any crime or delinquent act, subsequent to the person's being  609
charged with or convicted of any crime, or subsequent to the  610
H. B. No. 690  Page 22
As Introduced
person's being alleged to be or adjudicated a delinquent child.  611
       (b) The offense occurs off the grounds of a state  612
correctional institution and off the grounds of an institution  613
of the department of youth services, the victim of the offense  614
is an employee of the department of rehabilitation and  615
correction, the department of youth services, or a probation  616
department, the offense occurs during the employee's official  617
work hours and while the employee is engaged in official work  618
responsibilities, and the offense is committed by a person  619
incarcerated in a state correctional institution or  620
institutionalized in the department of youth services who  621
temporarily is outside of the institution for any purpose, by a  622
parolee, by an offender under transitional control, under a  623
community control sanction, or on an escorted visit, by a person  624
under post-release control, or by an offender under any other  625
type of supervision by a government agency.  626
       (c) The offense occurs off the grounds of a local  627
correctional facility, the victim of the offense is an employee  628
of the local correctional facility or a probation department,  629
the offense occurs during the employee's official work hours and  630
while the employee is engaged in official work responsibilities,  631
and the offense is committed by a person who is under custody in  632
the facility subsequent to the person's arrest for any crime or  633
delinquent act, subsequent to the person being charged with or  634
convicted of any crime, or subsequent to the person being  635
alleged to be or adjudicated a delinquent child and who  636
temporarily is outside of the facility for any purpose or by a  637
parolee, by an offender under transitional control, under a  638
community control sanction, or on an escorted visit, by a person  639
under post-release control, or by an offender under any other  640
type of supervision by a government agency.  641
H. B. No. 690  Page 23
As Introduced
       (d) The victim of the offense is a school teacher or  642
administrator, school crossing guard performing official duties,  643
or a school bus operator, and the offense occurs in a school, on  644
school premises, in a school building, on a school bus, in a  645
crosswalk or sidewalk that is in or adjacent to a school zone,  646
or while the victim is outside of school premises or a school  647
bus and is engaged in duties or official responsibilities  648
associated with the victim's employment or position as a school  649
teacher or administrator or a school bus operator, including,  650
but not limited to, driving, accompanying, or chaperoning  651
students at or on class or field trips, athletic events, or  652
other school extracurricular activities or functions outside of  653
school premises.  654
       (5) If the assault is committed in any of the following  655
circumstances, assault is a felony of the fourth degree:  656
       (a) The victim of the offense is a peace officer or an  657
investigator of the bureau of criminal identification and  658
investigation, a firefighter, or a person performing emergency  659
medical service, while in the performance of the officer's,  660
investigator's, firefighter's, or person's official duties.  661
       (b) The victim of the offense is an emergency service  662
responder, the offender knows or reasonably should know that the  663
victim is an emergency service responder, and it is the  664
offender's specific purpose to commit the offense against an  665
emergency service responder.  666
       (c) The victim of the offense is a family or household  667
member or co-worker of a person who is an emergency service  668
responder, the offender knows or reasonably should know that the  669
victim is a family or household member or co-worker of an  670
emergency service responder, and it is the offender's specific  671
H. B. No. 690  Page 24
As Introduced
purpose to commit the offense against a family or household  672
member or co-worker of an emergency service responder.  673
       (6) If the offense is a felony of the fourth degree under  674
division (C)(5)(a) of this section, if the victim of the offense  675
is a peace officer or an investigator of the bureau of criminal  676
identification and investigation, and if the victim suffered  677
serious physical harm as a result of the commission of the  678
offense, the court, pursuant to division (F) of section 2929.13  679
of the Revised Code, shall impose as a mandatory prison term one  680
of the prison terms prescribed for a felony of the fourth degree  681
that is at least twelve months in duration.  682
       (7) If the victim of the offense is an officer or employee  683
of a public children services agency or a private child placing  684
agency and the offense relates to the officer's or employee's  685
performance or anticipated performance of official  686
responsibilities or duties, assault is either a felony of the  687
fifth degree or, if the offender previously has been convicted  688
of or pleaded guilty to an offense of violence, the victim of  689
that prior offense was an officer or employee of a public  690
children services agency or private child placing agency, and  691
that prior offense related to the officer's or employee's  692
performance or anticipated performance of official  693
responsibilities or duties, a felony of the fourth degree.  694
       (8) If the victim of the offense is a health care  695
professional of a hospital, a health care worker of a hospital,  696
or a security officer of a hospital whom the offender knows or  697
has reasonable cause to know is a health care professional of a  698
hospital, a health care worker of a hospital, or a security  699
officer of a hospital, if the victim is engaged in the  700
performance of the victim's duties, and if the hospital offers  701
H. B. No. 690  Page 25
As Introduced
de-escalation or crisis intervention training for such  702
professionals, workers, or officers, assault is one of the  703
following:  704
       (a) Except as otherwise provided in division (C)(8)(b) of  705
this section, assault committed in the specified circumstances  706
is a misdemeanor of the first degree. Notwithstanding the fine  707
specified in division (A)(2)(a) of section 2929.28 of the  708
Revised Code for a misdemeanor of the first degree, in  709
sentencing the offender under this division and if the court  710
decides to impose a fine, the court may impose upon the offender  711
a fine of not more than five thousand dollars.  712
       (b) If the offender previously has been convicted of or  713
pleaded guilty to one or more assault or homicide offenses  714
committed against hospital personnel, assault committed in the  715
specified circumstances is a felony of the fifth degree.  716
       (9) If the victim of the offense is a judge, magistrate,  717
prosecutor, or court official or employee whom the offender  718
knows or has reasonable cause to know is a judge, magistrate,  719
prosecutor, or court official or employee, and if the victim is  720
engaged in the performance of the victim's duties, assault is  721
one of the following:  722
       (a) Except as otherwise provided in division (C)(9)(b) of  723
this section, assault committed in the specified circumstances  724
is a misdemeanor of the first degree. In sentencing the offender  725
under this division, if the court decides to impose a fine,  726
notwithstanding the fine specified in division (A)(2)(a) of  727
section 2929.28 of the Revised Code for a misdemeanor of the  728
first degree, the court may impose upon the offender a fine of  729
not more than five thousand dollars.  730
H. B. No. 690  Page 26
As Introduced
        (b) If the offender previously has been convicted of or  731
pleaded guilty to one or more assault or homicide offenses  732
committed against justice system personnel, assault committed in  733
the specified circumstances is a felony of the fifth degree.  734
        (10) If an offender who is convicted of or pleads guilty  735
to assault when it is a misdemeanor also is convicted of or  736
pleads guilty to a specification as described in section  737
2941.1423 of the Revised Code that was included in the  738
indictment, count in the indictment, or information charging the  739
offense, the court shall sentence the offender to a mandatory  740
jail term as provided in division (F) of section 2929.24 of the  741
Revised Code.  742
        If an offender who is convicted of or pleads guilty to  743
assault when it is a felony also is convicted of or pleads  744
guilty to a specification as described in section 2941.1423 of  745
the Revised Code that was included in the indictment, count in  746
the indictment, or information charging the offense, except as  747
otherwise provided in division (C)(6) of this section, the court  748
shall sentence the offender to a mandatory prison term as  749
provided in division (B)(8) of section 2929.14 of the Revised  750
Code.  751
        (D) A prosecution for a violation of this section does not  752
preclude a prosecution of a violation of any other section of  753
the Revised Code. One or more acts, a series of acts, or a  754
course of behavior that can be prosecuted under this section or  755
any other section of the Revised Code may be prosecuted under  756
this section, the other section of the Revised Code, or both  757
sections. However, if an offender is convicted of or pleads  758
guilty to a violation of this section and also is convicted of  759
or pleads guilty to a violation of section 2903.22 of the  760
H. B. No. 690  Page 27
As Introduced
Revised Code based on the same conduct involving the same victim  761
that was the basis of the violation of this section, the two  762
offenses are allied offenses of similar import under section  763
2941.25 of the Revised Code.  764
        (E) As used in this section:  765
        (1) "Peace officer" has the same meaning as in section  766
2935.01 of the Revised Code.  767
        (2) "Firefighter" means any person who is a firefighter as  768
defined in section 3937.41 of the Revised Code and, for purposes  769
of division (E)(21) of this section, also includes a member of a  770
fire department as defined in section 742.01 of the Revised  771
Code.  772
        (3) "Emergency medical service" has the same meaning as in  773
section 4765.01 of the Revised Code.  774
        (4) "Local correctional facility" means a county,  775
multicounty, municipal, municipal-county, or multicounty-  776
municipal jail or workhouse, a minimum security jail established  777
under section 341.23 or 753.21 of the Revised Code, or another  778
county, multicounty, municipal, municipal-county, or  779
multicounty-municipal facility used for the custody of persons  780
arrested for any crime or delinquent act, persons charged with  781
or convicted of any crime, or persons alleged to be or  782
adjudicated a delinquent child.  783
        (5) "Employee of a local correctional facility" means a  784
person who is an employee of the political subdivision or of one  785
or more of the affiliated political subdivisions that operates  786
the local correctional facility and who operates or assists in  787
the operation of the facility.  788
        (6) "School teacher or administrator" means either of the  789
H. B. No. 690  Page 28
As Introduced
following:  790
        (a) A person who is employed in the public schools of the  791
state under a contract described in section 3311.77 or 3319.08  792
of the Revised Code in a position in which the person is  793
required to have a certificate issued pursuant to sections  794
3319.22 to 3319.311 of the Revised Code.  795
        (b) A person who is employed by a nonpublic school for  796
which the director of education and workforce prescribes minimum  797
standards under section 3301.07 of the Revised Code and who is  798
certificated in accordance with section 3301.071 of the Revised  799
Code.  800
        (7) "Community control sanction" has the same meaning as  801
in section 2929.01 of the Revised Code.  802
        (8) "Escorted visit" means an escorted visit granted under  803
section 2967.27 of the Revised Code.  804
        (9) "Post-release control" and "transitional control" have  805
the same meanings as in section 2967.01 of the Revised Code.  806
        (10) "Investigator of the bureau of criminal  807
identification and investigation" has the same meaning as in  808
section 2903.11 of the Revised Code.  809
        (11) "Health care professional" and "health care worker"  810
have the same meanings as in section 2305.234 of the Revised  811
Code.  812
        (12) "Assault or homicide offense committed against  813
hospital personnel" means a violation of this section or of  814
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,  815
2903.12, or 2903.14 of the Revised Code committed in  816
circumstances in which all of the following apply:  817
H. B. No. 690  Page 29
As Introduced
       (a) The victim of the offense was a health care  818
professional of a hospital, a health care worker of a hospital,  819
or a security officer of a hospital.  820
       (b) The offender knew or had reasonable cause to know that  821
the victim was a health care professional of a hospital, a  822
health care worker of a hospital, or a security officer of a  823
hospital.  824
       (c) The victim was engaged in the performance of the  825
victim's duties.  826
       (d) The hospital offered de-escalation or crisis  827
intervention training for such professionals, workers, or  828
officers.  829
       (13) "De-escalation or crisis intervention training" means  830
de-escalation or crisis intervention training for health care  831
professionals of a hospital, health care workers of a hospital,  832
and security officers of a hospital to facilitate interaction  833
with patients, members of a patient's family, and visitors,  834
including those with mental impairments.  835
       (14) "Assault or homicide offense committed against  836
justice system personnel" means a violation of this section or  837
of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,  838
2903.11, 2903.12, or 2903.14 of the Revised Code committed in  839
circumstances in which the victim of the offense was a judge,  840
magistrate, prosecutor, or court official or employee whom the  841
offender knew or had reasonable cause to know was a judge,  842
magistrate, prosecutor, or court official or employee, and the  843
victim was engaged in the performance of the victim's duties.  844
       (15) "Court official or employee" means any official or  845
employee of a court created under the constitution or statutes  846
H. B. No. 690  Page 30
As Introduced
of this state or of a United States court located in this state.  847
       (16) "Judge" means a judge of a court created under the  848
constitution or statutes of this state or of a United States  849
court located in this state.  850
       (17) "Magistrate" means an individual who is appointed by  851
a court of record of this state and who has the powers and may  852
perform the functions specified in Civil Rule 53, Criminal Rule  853
19, or Juvenile Rule 40, or an individual who is appointed by a  854
United States court located in this state who has similar powers  855
and functions.  856
       (18) "Prosecutor" has the same meaning as in section  857
2935.01 of the Revised Code.  858
       (19)(a) "Hospital" means, subject to division (E)(19)(b)  859
of this section, an institution classified as a hospital under  860
section 3701.01 of the Revised Code in which are provided to  861
patients diagnostic, medical, surgical, obstetrical,  862
psychiatric, or rehabilitation care or a hospital operated by a  863
health maintenance organization.  864
       (b) "Hospital" does not include any of the following:  865
       (i) A facility licensed under Chapter 3721. of the Revised  866
Code, a health care facility operated by the department of  867
mental health and addiction services behavioral health or the  868
department of developmental disabilities, a health maintenance  869
organization that does not operate a hospital, or the office of  870
any private, licensed health care professional, whether  871
organized for individual or group practice;  872
       (ii) An institution for the sick that is operated  873
exclusively for patients who use spiritual means for healing and  874
for whom the acceptance of medical care is inconsistent with  875
H. B. No. 690  Page 31
As Introduced
their religious beliefs, accredited by a national accrediting  876
organization, exempt from federal income taxation under section  877
501 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26  878
U.S.C. 1, as amended, and providing twenty-four-hour nursing  879
care pursuant to the exemption in division (E) of section  880
4723.32 of the Revised Code from the licensing requirements of  881
Chapter 4723. of the Revised Code.  882
       (20) "Health maintenance organization" has the same  883
meaning as in section 3727.01 of the Revised Code.  884
       (21) "Emergency service responder" means any law  885
enforcement officer, first responder, emergency medical  886
technician-basic, emergency medical technician-intermediate,  887
emergency medical technician-paramedic, firefighter, or  888
volunteer firefighter.  889
       (22) "Family or household member" means any of the  890
following:  891
       (a) Any of the following who is residing or has resided  892
with a person who is employed as an emergency service responder:  893
       (i) A spouse, a person living as a spouse, or a former  894
spouse of a person who is employed as an emergency service  895
responder;  896
       (ii) A parent, a foster parent, or a child of a person who  897
is employed as an emergency service responder, or another person  898
related by consanguinity or affinity to a person who is employed  899
as an emergency service responder;  900
       (iii) A parent or a child of a spouse, person living as a  901
spouse, or former spouse of a person who is employed as an  902
emergency service responder, or another person related by  903
consanguinity or affinity to a spouse, person living as a  904
H. B. No. 690  Page 32
As Introduced
spouse, or former spouse of a person who is employed as an  905
emergency service responder.  906
        (b) The natural parent of any child of whom a person who  907
is employed as an emergency service responder is the other  908
natural parent or is the putative other natural parent.  909
        (23) "First responder," "emergency medical technician-  910
basic," "emergency medical technician-intermediate," and  911
"emergency medical technician-paramedic" have the same meanings  912
as in section 4765.01 of the Revised Code.  913
        (24) "Volunteer firefighter" has the same meaning as in  914
section 146.01 of the Revised Code.  915
        (25) "Person living as a spouse" means a person who is  916
living or has lived with a person who is employed as an  917
emergency service responder in a common law marital  918
relationship, who otherwise is cohabiting with a person who is  919
employed as an emergency service responder, or who otherwise has  920
cohabited with a person who is employed as an emergency service  921
responder within five years prior to the date of the alleged  922
commission of the act in question.  923
        (26) "Co-worker" means a person who is employed by the  924
organization or entity that is served by a person who is  925
employed as an emergency service responder.  926
        (27) "School crossing guard performing official duties"  927
means a formally designated school crossing guard acting in  928
accordance with division (B) of section 4511.461 of the Revised  929
Code.  930
        Sec. 4511.461. (A) As used in this section:  931
        (1) "School crossing guard" means a person formally  932
H. B. No. 690  Page 33
As Introduced
designated by a school district, municipality, township, or law  933
enforcement agency to direct traffic through a crosswalk while  934
pedestrians are going to or leaving school during the opening or  935
closing hours.  936
       (2) "Official duties" means the actions taken by a school  937
crossing guard while wearing or displaying high-visibility  938
apparel or using a stop paddle, a whistle, or specific hand  939
movements as a means to clearly direct traffic in or near a  940
crosswalk.  941
       (3) "School zone" has the same meaning as in section  942
4511.21 of the Revised Code.  943
       (4) "Lawful order" means a command given within the scope  944
of the authority granted by statute while the person giving the  945
command is performing official duties.  946
       (B) A school crossing guard, while performing official  947
duties, may direct, stop, or otherwise control traffic in order  948
to ensure the safety of a pedestrian using a crosswalk.  949
       (C)(1) No person shall knowingly fail to obey a lawful  950
order given by a school crossing guard while the school crossing  951
guard is performing official duties.  952
       (2) No person shall knowingly harass, threaten,  953
intimidate, or interfere with a school crossing guard while the  954
school crossing guard is performing official duties.  955
       (D) Whoever violates division (C) of this section is  956
guilty of a misdemeanor in the first degree.  957
       (E) Notwithstanding division (D) of this section, if the  958
offender was in a school zone at the time of the violation  959
during the hours in which the school zone speed limit was in  960
H. B. No. 690  Page 34
As Introduced
effect, the court, in addition to all other penalties provided  961
by law, shall impose upon the offender a fine of two times the  962
usual amount imposed for the violation.  963
       (F) In addition to all other penalties provided by law,  964
points shall be assessed for a violation of division (C) of this  965
section in accordance with section 4510.036 of the Revised Code.  966
       (G)(1) Except as provided in division (G)(2) of this  967
section, a school crossing guard is immune from liability in a  968
civil action to recover damages for injury, death, or loss to  969
person or property allegedly caused by an act or omission in  970
connection with a power, duty, responsibility, or authorization  971
granted to the school crossing guard under this section.  972
       (2) The immunity described in division (G)(1) of this  973
section does not apply to a school crossing guard if, in  974
relation to the act or omission in question, any of the  975
following applies:  976
       (a) The act or omission was manifestly outside the scope  977
of the school crossing guard's official duties.  978
       (b) The act or omission was with malicious purpose, in bad  979
faith, or in a wanton or reckless manner.  980
       (c) Liability for the act or omission is expressly imposed  981
by another provision of the Revised Code.  982
       Section 2. That existing sections 2903.06, 2903.08,  983
2903.081, and 2903.13 of the Revised Code are hereby repealed.  984