As Reported by House Criminal Justice Committee           1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 215  5            

      1997-1998                                                    6            


  SENATORS SHEERER-SHOEMAKER-LATELL-BLESSING-HOWARD-HERINGTON-     8            

    GAETH-KEARNS-WATTS-DiDONATO-B. JOHNSON-OELSLAGER-CARNES-       9            

 McLIN-DRAKE-LATTA-SUHADOLNIK-MUMPER-HAGAN-J. JOHNSON-SCHAFRATH-   10           

      REPRESENTATIVES CALLENDER-LUCAS-JERSE-TAYLOR-GARCIA-         11           

            WILLAMOWSKI-GOODMAN-WOMER BENJAMIN-SUTTON              12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 2903.211 and 2917.21 of the         14           

                Revised Code to make any repeat offense of         16           

                menacing by stalking, and any repeat offense of                 

                telephone harassment other than one involving      17           

                certain threats to cause damage to property, a     18           

                felony of the fifth degree.                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 2903.211 and 2917.21 of the        22           

Revised Code be amended to read as follows:                        24           

      Sec. 2903.211.  (A)  No person by engaging in a pattern of   33           

conduct shall knowingly cause another to believe that the          34           

offender will cause physical harm to the other person or cause     35           

mental distress to the other person.                               36           

      (B)  Whoever violates this section is guilty of menacing by  38           

stalking, a misdemeanor of the first degree.  If the offender      39           

previously has been convicted of or pleaded guilty to a violation  40           

of this section involving the same person who is the victim of     41           

the current offense, menacing by stalking is a felony of the       42           

fifth degree.                                                      43           

      (C)  As used in this section:                                45           

      (1)  "Pattern of conduct" means two or more actions or       47           

incidents closely related in time, whether or not there has been   48           

                                                          2      


                                                                 
a prior conviction based on any of those actions or incidents.     49           

      (2)  "Mental distress" means any mental illness or           51           

condition that involves some temporary substantial incapacity or   52           

mental illness or condition that would normally require            53           

psychiatric treatment.                                             54           

      Sec. 2917.21.  (A)  No person shall knowingly make or cause  63           

to be made a telephone call, or knowingly permit a telephone call  64           

to be made from a telephone under the person's control, to         65           

another, if the caller does any of the following:                  66           

      (1)  Fails to identify the caller to the recipient of the    68           

telephone call and makes the telephone call with purpose to        69           

harass, abuse, or annoy any person at the premises to which the    70           

telephone call is made, whether or not conversation takes place    71           

during the telephone call;                                         72           

      (2)  Describes, suggests, requests, or proposes that the     74           

caller, recipient of the telephone call, or any other person       75           

engage in any sexual activity as defined in division (C) of        76           

section 2907.01 of the Revised Code, and the recipient of the      77           

telephone call, or another person at the premises to which the     78           

telephone call is made, has requested, in a previous telephone     79           

call or in the immediate telephone call, the caller not to make a  80           

telephone call to the recipient of the telephone call or to the    81           

premises to which the telephone call is made;                      82           

      (3)  During the telephone call, violates section 2903.21 of  84           

the Revised Code;                                                  85           

      (4)  Knowingly states to the recipient of the telephone      87           

call that the caller intends to cause damage to or destroy public  89           

or private property, and the recipient of the telephone call, any  90           

member of the family of the recipient of the telephone call, or    91           

any other person who resides at the premises to which the          92           

telephone call is made owns, leases, resides, or works in, will    93           

at the time of the destruction or damaging be near or in, has the  94           

responsibility of protecting, or insures the property that will    95           

be destroyed or damaged;                                           96           

                                                          3      


                                                                 
      (5)  Knowingly makes the telephone call to the recipient of  98           

the telephone call, to another person at the premises to which     99           

the telephone call is made, or to the premises to which the        100          

telephone call is made, and the recipient of the telephone call,   101          

or another person at the premises to which the telephone call is   102          

made, previously has told the caller not to call the premises to   103          

which the telephone call is made or not to call any persons at     104          

the premises to which the telephone call is made.                  105          

      (B)  No person shall make or cause to be made a telephone    107          

call, or permit a telephone call to be made from a telephone       108          

under the person's control, with purpose to abuse, threaten,       109          

annoy, or harass another person.                                   111          

      (C)(1)  Whoever violates this section is guilty of           113          

telephone harassment.                                              114          

      (2)  A violation of division (A)(1), (2), (3), or (5) or     116          

(B) of this section is a misdemeanor of the first degree on a      117          

first offense and a felony of the fifth degree on each subsequent  119          

offense involving the same person, recipient, or premises.         120          

      (3)  Except as otherwise provided in division (C)(3) of      122          

this section, a violation of division (A)(4) of this section is a  123          

misdemeanor of the first degree on a first offense and a felony    124          

of the fifth degree on each subsequent offense.  If a violation    125          

of division (A)(4) of this section results in economic harm of     127          

five hundred dollars or more but less than five thousand dollars,  128          

telephone harassment is a felony of the fifth degree.  If a                     

violation of division (A)(4) of this section results in economic   129          

harm of five thousand dollars or more but less than one hundred    130          

thousand dollars, telephone harassment is a felony of the fourth   131          

degree.  If a violation of division (A)(4) of this section         132          

results in economic harm of one hundred thousand dollars or more,  133          

telephone harassment is a felony of the third degree.              134          

      (D)  As used in this section, "economic harm" means all      136          

direct, incidental, and consequential pecuniary harm suffered by   137          

a victim as a result of criminal conduct.  "Economic harm"         138          

                                                          4      


                                                                 
includes, but is not limited to, all of the following:             139          

      (1)  All wages, salaries, or other compensation lost as a    141          

result of the criminal conduct;                                    142          

      (2)  The cost of all wages, salaries, or other compensation  144          

paid to employees for time those employees are prevented from      145          

working as a result of the criminal conduct;                       146          

      (3)  The overhead costs incurred for the time that a         148          

business is shut down as a result of the criminal conduct;         149          

      (4)  The loss of value to tangible or intangible property    151          

that was damaged as a result of the criminal conduct.              152          

      (E)  Nothing in this section prohibits a person from making  154          

a telephone call to a debtor that is in compliance with the "Fair  155          

Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.     156          

1692, as amended, or the "Telephone Consumer Protection Act," 105  158          

Stat. 2395 (1991), 47 U.S.C. 227, as amended.                                   

      Section 2.  That existing sections 2903.211 and 2917.21 of   160          

the Revised Code are hereby repealed.                              162