As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 215  5            

      1997-1998                                                    6            


                         SENATOR SHEERER                           8            


                                                                   10           

                           A   B I L L                                          

             To amend section 2903.211 of the Revised Code to      11           

                make any repeat violation of menacing by stalking  12           

                a felony of the fifth degree.                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        14           

      Section 1.  That section 2903.211 of the Revised Code be     16           

amended to read as follows:                                        17           

      Sec. 2903.211.  (A)  No person by engaging in a pattern of   26           

conduct shall knowingly cause another to believe that the          27           

offender will cause physical harm to the other person or cause     28           

mental distress to the other person.                               29           

      (B)  Whoever violates this section is guilty of menacing by  31           

stalking, a misdemeanor of the first degree.  If the offender      32           

previously has been convicted of or pleaded guilty to a violation  33           

of this section involving the same person who is the victim of     34           

the current offense, menacing by stalking is a felony of the       35           

fifth degree.                                                      36           

      (C)  As used in this section:                                38           

      (1)  "Pattern of conduct" means two or more actions or       40           

incidents closely related in time, whether or not there has been   41           

a prior conviction based on any of those actions or incidents.     42           

      (2)  "Mental distress" means any mental illness or           44           

condition that involves some temporary substantial incapacity or   45           

mental illness or condition that would normally require            46           

psychiatric treatment.                                             47           

      Section 2.  That existing section 2903.211 of the Revised    49           

Code is hereby repealed.                                           50