As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 382   5            

      1997-1998                                                    6            


        REPRESENTATIVES OGG-OPFER-PRINGLE-SULZER-TAVARES-          8            

                        VAN VYVEN-GARCIA                           9            


                                                                   11           

                           A   B I L L                                          

             To amend section 2917.31 of the Revise Code to        13           

                increase the penalty for the offense of inducing   14           

                panic when the public place  involved in the       15           

                offense is a school.                               16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That section 2917.31 of the Revised Code be      19           

amended to read as follows:                                        20           

      Sec. 2917.31.  (A)  No person shall cause the evacuation of  29           

any public place, or otherwise cause serious public inconvenience  30           

or alarm, by doing any of the following:                           31           

      (1)  Initiating or circulating a report or warning of an     33           

alleged or impending fire, explosion, crime, or other              34           

catastrophe, knowing that such report or warning is false;         35           

      (2)  Threatening to commit any offense of violence;          37           

      (3)  Committing any offense, with reckless disregard of the  39           

likelihood that its commission will cause serious public           40           

inconvenience or alarm.                                            41           

      (B)  Division (A)(1) of this section does not apply to any   43           

person conducting an authorized fire or emergency drill.           44           

      (C)(1)  Whoever violates this section is guilty of inducing  46           

panic,.                                                            47           

      (2)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OR (4)  49           

OF THIS SECTION, INDUCING PANIC IS a misdemeanor of the first      51           

degree.  If                                                                     

      (3)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4) OF      53           

                                                          2      

                                                                 
THIS SECTION, IF A violation of this section results in physical   56           

harm to any person, inducing panic is a felony of the fourth       57           

degree.                                                                         

      (4)(a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4)(b)   60           

OF THIS SECTION, IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF    61           

DIVISION (A)(1) OF THIS SECTION IS A SCHOOL, INDUCING PANIC IS A   62           

FELONY OF THE FOURTH DEGREE.                                                    

      (b)  IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF          64           

DIVISION (A)(1) OF THIS SECTION IS A SCHOOL AND IF THE VIOLATION   65           

RESULTS IN PHYSICAL HARM TO ANY PERSON, INDUCING PANIC IS A        66           

FELONY OF THE THIRD DEGREE.                                                     

      (D)  AS USED IN THIS SECTION, "SCHOOL" MEANS ANY SCHOOL      68           

OPERATED BY A BOARD OF EDUCATION OR ANY SCHOOL FOR WHICH THE       69           

STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER        70           

SECTION 3301.07 OF THE REVISED CODE, WHETHER OR NOT ANY                         

INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY   71           

THE SCHOOL IS BEING CONDUCTED AT THE TIME A VIOLATION OF THIS      72           

SECTION IS COMMITTED.                                                           

      Section 2.  That existing section 2917.31 of the Revised     74           

Code is hereby repealed.                                           75