As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. 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
SENATORS HERINGTON-HAGAN-NEIN-WATTS-SHOEMAKER-DiDONATO-LATTA- 13
WHITE-SCHAFRATH-B. JOHNSON-ESPY-OELSLAGER-LATELL-GARDNER- 14
CARNES-CUPP-HORN-MUMPER 15
17
A B I L L
To amend sections 2917.31 and 3313.482 of the 19
Revised Code to increase the penalty for the 20
offense of inducing panic when the public place 21
involved in the offense is a school and to permit 24
school districts that close or evacuate a school 25
building as a result of a bomb threat to make up 26
the time the school was closed, for purposes of
compliance with the laws that specify the number 27
of days schools must be open and the number of
hours there must be in a school day, in one-half 28
hour increments added to other school days. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 2917.31 and 3313.482 of the 33
Revised Code be amended to read as follows: 35
Sec. 2917.31. (A) No person shall cause the evacuation of 44
any public place, or otherwise cause serious public inconvenience 45
or alarm, by doing any of the following: 46
(1) Initiating or circulating a report or warning of an 48
alleged or impending fire, explosion, crime, or other 49
2
catastrophe, knowing that such report or warning is false; 50
(2) Threatening to commit any offense of violence; 52
(3) Committing any offense, with reckless disregard of the 54
likelihood that its commission will cause serious public 55
inconvenience or alarm. 56
(B) Division (A)(1) of this section does not apply to any 58
person conducting an authorized fire or emergency drill. 59
(C)(1) Whoever violates this section is guilty of inducing 61
panic. Except 62
(2) EXCEPT as otherwise provided in this division (C)(3), 65
(4), OR (5) OF THIS SECTION, inducing panic is a misdemeanor of 66
the first degree. If
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4) OR (5) 69
OF THIS SECTION, IF a violation of this section results in 70
physical harm to any person, inducing panic is a felony of the 71
fourth degree. If a 72
(4) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5) OF 74
THIS SECTION, IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC 75
HARM, THE PENALTY SHALL BE DETERMINED AS FOLLOWS: 76
(a) IF THE violation of this section results in economic 79
harm of five hundred dollars or more but less than five thousand
dollars AND IF DIVISION (C)(3) OF THIS SECTION DOES NOT APPLY, 80
inducing panic is a felony of the fifth degree. If 81
(b) IF THE violation of this section results in economic 84
harm of five thousand dollars or more but less than one hundred 85
thousand dollars, inducing panic is a felony of the fourth
degree. If 86
(c) IF THE violation of this section results in economic 88
harm of one hundred thousand dollars or more, inducing panic is a 90
felony of the third degree.
(5)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(b) 93
OR (c) OF THIS SECTION, IF THE PUBLIC PLACE INVOLVED IN A 95
VIOLATION OF DIVISION (A)(1) OF THIS SECTION IS A SCHOOL,
INDUCING PANIC IS A FELONY OF THE FOURTH DEGREE. 96
3
(b) IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF 98
DIVISION (A)(1) OF THIS SECTION IS A SCHOOL AND IF THE VIOLATION 99
RESULTS IN PHYSICAL HARM TO ANY PERSON, INDUCING PANIC IS A 100
FELONY OF THE THIRD DEGREE.
(c) IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF 102
DIVISION (A)(1) OF THIS SECTION IS A SCHOOL AND IF THE VIOLATION 103
RESULTS IN ECONOMIC HARM, THE PENALTY SHALL BE DETERMINED AS 104
FOLLOWS:
(i) IF THE VIOLATION RESULTS IN ECONOMIC HARM OF FIVE 106
HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS AND 107
IF DIVISION (C)(5)(b) OF THIS SECTION DOES NOT APPLY, INDUCING 108
PANIC IS A FELONY OF THE FOURTH DEGREE. 109
(ii) IF THE VIOLATION RESULTS IN ECONOMIC HARM OF FIVE 111
THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND 112
DOLLARS, INDUCING PANIC IS A FELONY OF THE THIRD DEGREE. 113
(iii) IF THE VIOLATION RESULTS IN ECONOMIC HARM OF ONE 115
HUNDRED THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A FELONY OF 116
THE SECOND DEGREE.
(D) As used in this section, "economic: 118
(1) "ECONOMIC harm" means all direct, incidental, and 121
consequential pecuniary harm suffered by a victim as a result of
criminal conduct. "Economic harm" includes, but is not limited 122
to, all of the following: 123
(1)(a) All wages, salaries, or other compensation lost as 125
a result of the criminal conduct; 127
(2)(b) The cost of all wages, salaries, or other 129
compensation paid to employees for time those employees are 131
prevented from working as a result of the criminal conduct; 132
(3)(c) The overhead costs incurred for the time that a 134
business is shut down as a result of the criminal conduct; 135
(4)(d) The loss of value to tangible or intangible 137
property that was damaged as a result of the criminal conduct. 138
(2) "SCHOOL" MEANS ANY SCHOOL OPERATED BY A BOARD OF 141
EDUCATION OR ANY SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION
4
PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE REVISED 142
CODE, WHETHER OR NOT ANY INSTRUCTION, EXTRACURRICULAR ACTIVITIES, 143
OR TRAINING PROVIDED BY THE SCHOOL IS BEING CONDUCTED AT THE TIME 144
A VIOLATION OF THIS SECTION IS COMMITTED.
Sec. 3313.482. (A) Annually, prior to the first day of 153
September, the board of education of each city, local, and 155
exempted village school district shall adopt a resolution 156
specifying a contingency plan under which the district's students 157
will make up days on which it was necessary to close schools for
any of the reasons specified in division (B) of section 3317.01 158
of the Revised Code, if any such days must be made up in order to 159
comply with the requirements of that section and sections 3313.48 160
and 3313.481 of the Revised Code. The resolution shall provide 161
in the plan for making up at least five full school days. No 162
such resolution ADOPTED PURSUANT TO THIS DIVISION shall conflict 163
with any collective bargaining agreement into which a board has 164
entered pursuant to Chapter 4117. of the Revised Code and that is 165
in effect in the district.
(B) NOTWITHSTANDING THE CONTENT OF THE CONTINGENCY PLAN IT 168
ADOPTS UNDER DIVISION (A) OF THIS SECTION, IF A SCHOOL DISTRICT 169
CLOSES OR EVACUATES ANY SCHOOL BUILDING AS A RESULT OF A BOMB 170
THREAT OR ANY OTHER REPORT OF AN ALLEGED OR IMPENDING EXPLOSION, 171
AND IF, AS A RESULT OF THE CLOSING OR EVACUATION, THE SCHOOL 172
DISTRICT WOULD BE UNABLE TO MEET THE REQUIREMENTS OF SECTIONS
3313.48, 3313.481, AND 3317.01 OF THE REVISED CODE REGARDING THE 173
NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR INSTRUCTION OR THE 175
REQUIREMENTS OF THE STATE MINIMUM STANDARDS FOR THE SCHOOL DAY 176
THAT ARE ESTABLISHED BY THE DEPARTMENT OF EDUCATION REGARDING THE 177
NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY, THE SCHOOL
DISTRICT MAY INCREASE THE LENGTH OF ONE OR MORE OTHER SCHOOL DAYS 178
FOR THE SCHOOL THAT WAS CLOSED OR EVACUATED, IN INCREMENTS OF 179
ONE-HALF HOUR, TO MAKE UP THE NUMBER OF HOURS OR DAYS THAT THE 180
SCHOOL BUILDING IN QUESTION WAS SO CLOSED OR EVACUATED FOR THE 181
PURPOSE OF SATISFYING THE REQUIREMENTS OF THOSE SECTIONS
5
REGARDING THE NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR INSTRUCTION 182
OR THE REQUIREMENTS OF THOSE STANDARDS REGARDING THE NUMBER OF 183
HOURS THERE MUST BE IN THE SCHOOL DAY. NOTWITHSTANDING THE 184
PROVISIONS OF SECTIONS 3313.48, 3313.481, AND 3317.01 OF THE 185
REVISED CODE AND THE REQUIREMENTS OF THE STATE MINIMUM STANDARDS 186
FOR THE SCHOOL DAY THAT ARE ESTABLISHED BY THE DEPARTMENT OF
EDUCATION AND NOTWITHSTANDING THE CONTENT OF THE CONTINGENCY PLAN 187
IT ADOPTS UNDER DIVISION (A) OF THIS SECTION, A SCHOOL DISTRICT 189
THAT MAKES UP, AS DESCRIBED IN THIS DIVISION, ALL OF THE HOURS OR
DAYS THAT ITS SCHOOL BUILDINGS WERE SO CLOSED OR EVACUATED SHALL 191
BE DEEMED TO HAVE COMPLIED WITH THE REQUIREMENTS OF THOSE 192
SECTIONS REGARDING THE NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR 193
INSTRUCTION AND THE REQUIREMENTS OF THOSE MINIMUM STANDARDS 194
REGARDING THE NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY.
Section 2. That existing sections 2917.31 and 3313.482 of 196
the Revised Code are hereby repealed. 197