As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 382 5
1997-1998 6
REPRESENTATIVES OGG-OPFER-PRINGLE-SULZER-TAVARES-VAN VYVEN- 8
GARCIA-SUTTON-FORD-MYERS-MASON-LUCAS-CAREY-BRADY-MOTTL- 9
HOUSEHOLDER-GRENDELL-WESTON-PATTON-O'BRIEN-WINKLER-TERWILLEGER- 10
BRADING-OLMAN-SALERNO-PADGETT-ROBERTS-ROMAN-COLONNA- 11
BENDER-VESPER-NETZLEY-BUCHY-LEWIS-CATES-BRITTON-JONES-VERICH- 12
SENATOR HERINGTON 13
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A B I L L
To amend sections 2917.31 and 3313.482 of the 17
Revised Code to increase the penalty for the 18
offense of inducing panic when the public place 19
involved in the offense is a school and to permit 22
school districts that close or evacuate a school 23
building as a result of a bomb threat to make up 24
the time the school was closed, for purposes of
compliance with the laws that specify the number 25
of days schools must be open and the number of
hours there must be in a school day, in one-half 26
hour increments added to other school days. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2917.31 and 3313.482 of the 31
Revised Code be amended to read as follows: 33
Sec. 2917.31. (A) No person shall cause the evacuation of 42
any public place, or otherwise cause serious public inconvenience 43
or alarm, by doing any of the following: 44
(1) Initiating or circulating a report or warning of an 46
alleged or impending fire, explosion, crime, or other 47
catastrophe, knowing that such report or warning is false; 48
(2) Threatening to commit any offense of violence; 50
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(3) Committing any offense, with reckless disregard of the 52
likelihood that its commission will cause serious public 53
inconvenience or alarm. 54
(B) Division (A)(1) of this section does not apply to any 56
person conducting an authorized fire or emergency drill. 57
(C)(1) Whoever violates this section is guilty of inducing 59
panic. Except 60
(2) EXCEPT as otherwise provided in this division (C)(3), 63
(4), OR (5) OF THIS SECTION, inducing panic is a misdemeanor of 64
the first degree. If
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4) OR (5) 67
OF THIS SECTION, IF a violation of this section results in 68
physical harm to any person, inducing panic is a felony of the 69
fourth degree. If
(4) IF a violation of this section results in economic 72
harm of five hundred dollars or more but less than five thousand
dollars, inducing panic is a felony of the fifth degree. If 73
violation of this section results in economic harm of five 74
thousand dollars or more but less than one hundred thousand 75
dollars, inducing panic is a felony of the fourth degree. If 76
violation of this section results in economic harm of one hundred
thousand dollars or more, inducing panic is a felony of the third 77
degree.
(5)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(b) 80
OF THIS SECTION, IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF 81
DIVISION (A)(1) OF THIS SECTION IS A SCHOOL, INDUCING PANIC IS A 82
FELONY OF THE FOURTH DEGREE.
(b) IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF 84
DIVISION (A)(1) OF THIS SECTION IS A SCHOOL AND IF THE VIOLATION 85
RESULTS IN PHYSICAL HARM TO ANY PERSON, INDUCING PANIC IS A 86
FELONY OF THE THIRD DEGREE.
(D) As used in this section, "economic: 88
(1) "ECONOMIC harm" means all direct, incidental, and 91
consequential pecuniary harm suffered by a victim as a result of
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criminal conduct. "Economic harm" includes, but is not limited 92
to, all of the following: 93
(1)(a) All wages, salaries, or other compensation lost as 95
a result of the criminal conduct; 97
(2)(b) The cost of all wages, salaries, or other 99
compensation paid to employees for time those employees are 101
prevented from working as a result of the criminal conduct; 102
(3)(c) The overhead costs incurred for the time that a 104
business is shut down as a result of the criminal conduct; 105
(4)(d) The loss of value to tangible or intangible 107
property that was damaged as a result of the criminal conduct. 108
(2) "SCHOOL" MEANS ANY SCHOOL OPERATED BY A BOARD OF 111
EDUCATION OR ANY SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION
PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE REVISED 112
CODE, WHETHER OR NOT ANY INSTRUCTION, EXTRACURRICULAR ACTIVITIES, 113
OR TRAINING PROVIDED BY THE SCHOOL IS BEING CONDUCTED AT THE TIME 114
A VIOLATION OF THIS SECTION IS COMMITTED.
Sec. 3313.482. (A) Annually, prior to the first day of 123
September, the board of education of each city, local, and 125
exempted village school district shall adopt a resolution 126
specifying a contingency plan under which the district's students 127
will make up days on which it was necessary to close schools for
any of the reasons specified in division (B) of section 3317.01 128
of the Revised Code, if any such days must be made up in order to 129
comply with the requirements of that section and sections 3313.48 130
and 3313.481 of the Revised Code. The resolution shall provide 131
in the plan for making up at least five full school days. No 132
such resolution ADOPTED PURSUANT TO THIS DIVISION shall conflict 133
with any collective bargaining agreement into which a board has 134
entered pursuant to Chapter 4117. of the Revised Code and that is 135
in effect in the district.
(B) NOTWITHSTANDING THE CONTENT OF THE CONTINGENCY PLAN IT 138
ADOPTS UNDER DIVISION (A) OF THIS SECTION, IF A SCHOOL DISTRICT 139
CLOSES OR EVACUATES ANY SCHOOL BUILDING AS A RESULT OF A BOMB 140
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THREAT OR ANY OTHER REPORT OF AN ALLEGED OR IMPENDING EXPLOSION, 141
AND IF, AS A RESULT OF THE CLOSING OR EVACUATION, THE SCHOOL 142
DISTRICT WOULD BE UNABLE TO MEET THE REQUIREMENTS OF SECTIONS
3313.48, 3313.481, AND 3317.01 OF THE REVISED CODE REGARDING THE 143
NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR INSTRUCTION OR THE 145
REQUIREMENTS OF THE STATE MINIMUM STANDARDS FOR THE SCHOOL DAY 146
THAT ARE ESTABLISHED BY THE DEPARTMENT OF EDUCATION REGARDING THE 147
NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY, THE SCHOOL
DISTRICT MAY INCREASE THE LENGTH OF ONE OR MORE OTHER SCHOOL DAYS 148
FOR THE SCHOOL THAT WAS CLOSED OR EVACUATED, IN INCREMENTS OF 149
ONE-HALF HOUR, TO MAKE UP THE NUMBER OF HOURS OR DAYS THAT THE 150
SCHOOL BUILDING IN QUESTION WAS SO CLOSED OR EVACUATED FOR THE 151
PURPOSE OF SATISFYING THE REQUIREMENTS OF THOSE SECTIONS
REGARDING THE NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR INSTRUCTION 152
OR THE REQUIREMENTS OF THOSE STANDARDS REGARDING THE NUMBER OF 153
HOURS THERE MUST BE IN THE SCHOOL DAY. NOTWITHSTANDING THE 154
PROVISIONS OF SECTIONS 3313.48, 3313.481, AND 3317.01 OF THE 155
REVISED CODE AND THE REQUIREMENTS OF THE STATE MINIMUM STANDARDS 156
FOR THE SCHOOL DAY THAT ARE ESTABLISHED BY THE DEPARTMENT OF
EDUCATION AND NOTWITHSTANDING THE CONTENT OF THE CONTINGENCY PLAN 157
IT ADOPTS UNDER DIVISION (A) OF THIS SECTION, A SCHOOL DISTRICT 159
THAT MAKES UP, AS DESCRIBED IN THIS DIVISION, ALL OF THE HOURS OR
DAYS THAT ITS SCHOOL BUILDINGS WERE SO CLOSED OR EVACUATED SHALL 161
BE DEEMED TO HAVE COMPLIED WITH THE REQUIREMENTS OF THOSE 162
SECTIONS REGARDING THE NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR 163
INSTRUCTION AND THE REQUIREMENTS OF THOSE MINIMUM STANDARDS 164
REGARDING THE NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY.
Section 2. That existing sections 2917.31 and 3313.482 of 166
the Revised Code are hereby repealed. 167