2006 Ohio Revised Code - 2921.01. Definitions.

§ 2921.01. Definitions.

As used in sections 2921.01 to 2921.45 of the Revised Code: 

(A) "Public official" means any elected or appointed officer, or employee, or agent of the state or any political subdivision, whether in a temporary or permanent capacity, and includes, but is not limited to, legislators, judges, and law enforcement officers. 

(B) "Public servant" means any of the following: 

(1) Any public official; 

(2) Any person performing ad hoc a governmental function, including, but not limited to, a juror, member of a temporary commission, master, arbitrator, advisor, or consultant; 

(3) A person who is a candidate for public office, whether or not the person is elected or appointed to the office for which the person is a candidate. A person is a candidate for purposes of this division if the person has been nominated according to law for election or appointment to public office, or if the person has filed a petition or petitions as required by law to have the person's name placed on the ballot in a primary, general, or special election, or if the person campaigns as a write-in candidate in any primary, general, or special election. 

(C) "Party official" means any person who holds an elective or appointive post in a political party in the United States or this state, by virtue of which the person directs, conducts, or participates in directing or conducting party affairs at any level of responsibility. 

(D) "Official proceeding" means any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding. 

(E) "Detention" means arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of section 2945.37, 2945.371 [2945.37.1], 2945.38, 2945.39, 2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the department of rehabilitation and correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this state into this state by a private person or entity pursuant to a contract entered into under division (E) of section 311.29 of the Revised Code or division (B) of section 5149.03 of the Revised Code. For a person confined in a county jail who participates in a county jail industry program pursuant to section 5147.30 of the Revised Code, "detention" includes time spent at an assigned work site and going to and from the work site. 

(F) "Detention facility" means any public or private place used for the confinement of a person charged with or convicted of any crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States. 

(G) "Valuable thing or valuable benefit" includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986. 

(H) "Campaign committee," "contribution," "political action committee," "legislative campaign fund," "political party," and "political contributing entity" have the same meanings as in section 3517.01 of the Revised Code. 

(I) "Provider agreement" and "medical assistance program" have the same meanings as in section 2913.40 of the Revised Code. 

HISTORY: 134 v H 511 (Eff 1-1-74); 141 v H 340 (Eff 5-20-86); 141 v H 300 (Eff 9-17-86); 141 v H 428 (Eff 12-23-86); 142 v H 708 (Eff 4-19-88); 143 v H 51 (Eff 11-8-90); 144 v S 37 (Eff 7-31-92); 145 v H 42 (Eff 2-9-94); 145 v H 571 (Eff 10-6-94); 146 v S 8 (Eff 8-23-95); 146 v S 2 (Eff 7-1-96); 146 v H 154 (Eff 10-4-96); 146 v S 285 (Eff 7-1-97); 147 v H 293 (Eff 3-17-98); 147 v S 134 (Eff 7-13-98); 148 v H 661. Eff 3-15-2001; 150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.

The provisions of § 3 of 151 v S 115 read as follows: 

SECTION 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that the Court of Common Pleas of Franklin County has issued a preliminary injunction prohibiting the enforcement of section 3599.03 of the Revised Code, as enacted by Am. Sub. H.B. 1 of the 125th General Assembly, Special Session, in United Auto Workers Local Union 1112 v. Blackwell (March 30, 2005), Case No. O5CVH-03-2553. Therefore, this act shall go into immediate effect. 


Effect of Amendments

151 v S 115, effective April 26, 2005, in (H), inserted "political contributing entity" and made related changes. 

150 v H 1 (special session), effective March 31, 2005, in (H), deleted "political contributing entity" following "political party", and made related changes. 


19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section contains a variety of definitions used in Chapter 2921. 

"Public official" includes any elected or appointed officer, employee, or agent of the state, county, township, city, village, or other political subdivision, whether the position is temporary or permanent. Legislators, judges, and law enforcement officers are expressly designated as public officials. 

"Public servant" is more broadly defined than public official, and includes public officials as well as persons performing special, one-time duties, such as jurors, members of temporary commissions, masters, arbitrators, advisors, and consultants. "Public servant" also includes candidates for public office, regardless of whether their candidacy is ultimately successful. A person is said to be a candidate if he is regularly nominated, files nominating petitions, or conducts a write-in campaign. 

"Party official" is broadly defined to include officials from precinct committeemen through party chairmen, as well as party employees, assistants, or advisors who participate in directing or conducting the affairs of a political party regardless of their relative position in the organization. 

"Official proceeding" is defined as any proceeding before a governmental body or officer empowered to take evidence under oath. It includes legislative committee hearings, court proceedings, administrative hearings, and various peripheral proceedings such as the taking of depositions. 

"Detention" includes arrest, which may be with or without confinement. It also includes confinement in a lock-up, jail, workhouse, juvenile detention facility, Ohio Youth Commission facility, or penal or reformatory institution. Detention also includes detention pending extradition or deportation. The definition expressly excludes the supervision and restraint incidental to probation, parole, and release on bail. 

"Detention facility" is broadly defined to include any temporary or permanent lock-up, jail, workhouse, or juvenile or adult penal or reformatory facility. 

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