As Reported by the House Local Government and Townships Committee  1            

122nd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 429  5            

      1997-1998                                                    6            


REPRESENTATIVES OGG-JACOBSON-JONES-LEWIS-MILLER-VAN VYVEN-GARCIA-  8            

    PRENTISS-OPFER-SYKES-LOGAN-HARTLEY-TAVARES-BRITTON-BOYD-       9            

            PRINGLE-LUCAS-FORD-ROMAN-JOLIVETTE-SULZER              10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 2909.05 and 2927.11 of the Revised  14           

                Code to include the term "cemetery," defined to    15           

                include certain American Indian burial sites, in   16           

                the vandalism and desecration  laws.               17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 2909.05 and 2927.11 of the         20           

Revised Code be amended to read as follows:                        21           

      Sec. 2909.05.  (A)  No person shall knowingly cause serious  30           

physical harm to an occupied structure or any of its contents.     31           

      (B)(1)  No person shall knowingly cause serious physical     33           

harm to property that is owned or possessed by another, when       34           

either of the following applies:                                   35           

      (a)  The property is used by its owner or possessor in the   37           

owner's or possessor's profession, business, trade, or             39           

occupation, and the value of the property or the amount of         40           

physical harm involved is five hundred dollars or more;            41           

      (b)  Regardless of the value of the property or the amount   43           

of damage done, the property or its equivalent is necessary in     44           

order for its owner or possessor to engage in the owner's or       45           

possessor's profession, business, trade, or occupation.            47           

      (2)  No person shall knowingly cause serious physical harm   49           

to property that is owned, leased, or controlled by a              50           

governmental entity.  A governmental entity includes, but is not   51           

limited to, the state or a political subdivision of the state, a   52           

                                                          2      

                                                                 
school district, the board of trustees of a public library or      53           

public university, or any other body corporate and politic         54           

responsible for governmental activities only in geographical       55           

areas smaller than that of the state.                              56           

      (C)  No person, without privilege to do so, shall knowingly  58           

cause serious physical harm to any tomb, monument, gravestone, or  59           

other similar structure that is used as a memorial for the dead;   60           

to any fence, railing, curb, or other property that is used to     61           

protect, enclose, or ornament any place of burial CEMETERY; or to  63           

a place of burial CEMETERY.                                        64           

      (D)  No person, without privilege to do so, shall knowingly  66           

cause physical harm to a place of burial by breaking and entering  67           

into a tomb, crypt, casket, or other structure that is used as a   68           

memorial for the dead or as an enclosure for the dead.             69           

      (E)  Whoever violates this section is guilty of vandalism.   71           

Except as otherwise provided in this division, vandalism is a      73           

felony of the fifth degree that is punishable by a fine of up to   74           

two thousand five hundred dollars in addition to the penalties     75           

specified for a felony of the fifth degree in sections 2929.11 to  77           

2929.18 of the Revised Code.  If the value of the property or the  78           

amount of physical harm involved is five thousand dollars or more  79           

but less than one hundred thousand dollars, vandalism is a felony  80           

of the fourth degree.  If the value of the property or the amount  81           

of physical harm involved is one hundred thousand dollars or       82           

more, vandalism is a felony of the third degree.                   83           

      (F)  For purposes of this section, "serious:                 85           

      (1)  "CEMETERY" MEANS ANY PLACE OF BURIAL AND INCLUDES       87           

BURIAL SITES THAT CONTAIN AMERICAN INDIAN BURIAL OBJECTS PLACED    89           

WITH OR CONTAINING AMERICAN INDIAN HUMAN REMAINS.                  90           

      (2)  "SERIOUS physical harm" means physical harm to          93           

property that results in loss to the value of the property of                   

five hundred dollars or more.                                      94           

      Sec. 2927.11.  (A)  No person, without privilege to do so,   103          

shall purposely deface, damage, pollute, or otherwise physically   104          

                                                          3      

                                                                 
mistreat any of the following:                                     105          

      (1)  The flag of the United States or of this state;         107          

      (2)  Any  public monument;                                   109          

      (3)  Any historical or commemorative marker, or any          111          

structure, Indian mound or earthwork, CEMETERY, thing, or site of  112          

great historical or archaeological interest;                       113          

      (4)  A place of worship, its furnishings, or religious       115          

artifacts or sacred texts within the place of worship;             116          

      (5)  A work of art or museum piece;                          118          

      (6)  Any other object of reverence or sacred devotion.       120          

      (B)  Whoever violates this section is guilty of              122          

desecration.  Violation of division (A)(1), (2), (3), (5), or (6)  123          

of this section is a misdemeanor of the second degree.  Violation  124          

of division (A)(4) of this section is a misdemeanor of the first   125          

degree that is punishable by a fine of up to four thousand         126          

dollars in addition to the penalties specified for a misdemeanor   127          

of the first degree in section 2929.21 of the Revised Code.        128          

      (C)  AS USED IN THIS SECTION, "CEMETERY" MEANS ANY PLACE OF  130          

BURIAL AND INCLUDES BURIAL SITES THAT CONTAIN AMERICAN INDIAN      133          

BURIAL OBJECTS PLACED WITH OR CONTAINING AMERICAN INDIAN HUMAN     134          

REMAINS.                                                                        

      Section 2.  That existing sections 2909.05 and 2927.11 of    136          

the Revised Code are hereby repealed.                              137