As Passed by the House                        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-JONES-TAYLOR-GARCIA-         11           

        WILLAMOWSKI-GOODMAN-WOMER BENJAMIN-SUTTON-JERSE-           12           

         ALLEN-ROBERTS-SULZER-LOGAN-OPFER-MOTTL-BENDER-            13           

         HARTNETT-MOTTLEY-MEAD-REID-ROMAN-PRINGLE-BOYD-            14           

            THOMAS-JOHNSON-BRADY-O'BRIEN-PERZ-PATTON-              15           

               METZGER-GRENDELL-KRUPINSKI-PADGETT-                 16           

                 TAVARES-SALERNO-BRITTON-MALLORY                   17           


_________________________________________________________________   18           

                          A   B I L L                                           

             To amend sections 2903.211 and 2917.21 of the         19           

                Revised Code to make any repeat offense of         21           

                menacing by stalking, and any repeat offense of                 

                telephone harassment other than one involving      22           

                certain threats to cause damage to property, a     23           

                felony of the fifth degree.                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 2903.211 and 2917.21 of the        27           

Revised Code be amended to read as follows:                        29           

      Sec. 2903.211.  (A)  No person by engaging in a pattern of   38           

conduct shall knowingly cause another to believe that the          39           

offender will cause physical harm to the other person or cause     40           

mental distress to the other person.                               41           

      (B)  Whoever violates this section is guilty of menacing by  43           

stalking, a misdemeanor of the first degree.  If the offender      44           

previously has been convicted of or pleaded guilty to a violation  45           

of this section involving the same person who is the victim of     46           

                                                          2      


                                                                 
the current offense, menacing by stalking is a felony of the       47           

fifth degree.                                                      48           

      (C)  As used in this section:                                50           

      (1)  "Pattern of conduct" means two or more actions or       52           

incidents closely related in time, whether or not there has been   53           

a prior conviction based on any of those actions or incidents.     54           

      (2)  "Mental distress" means any mental illness or           56           

condition that involves some temporary substantial incapacity or   57           

mental illness or condition that would normally require            58           

psychiatric treatment.                                             59           

      Sec. 2917.21.  (A)  No person shall knowingly make or cause  68           

to be made a telephone call, or knowingly permit a telephone call  69           

to be made from a telephone under the person's control, to         70           

another, if the caller does any of the following:                  71           

      (1)  Fails to identify the caller to the recipient of the    73           

telephone call and makes the telephone call with purpose to        74           

harass, abuse, or annoy any person at the premises to which the    75           

telephone call is made, whether or not conversation takes place    76           

during the telephone call;                                         77           

      (2)  Describes, suggests, requests, or proposes that the     79           

caller, recipient of the telephone call, or any other person       80           

engage in any sexual activity as defined in division (C) of        81           

section 2907.01 of the Revised Code, and the recipient of the      82           

telephone call, or another person at the premises to which the     83           

telephone call is made, has requested, in a previous telephone     84           

call or in the immediate telephone call, the caller not to make a  85           

telephone call to the recipient of the telephone call or to the    86           

premises to which the telephone call is made;                      87           

      (3)  During the telephone call, violates section 2903.21 of  89           

the Revised Code;                                                  90           

      (4)  Knowingly states to the recipient of the telephone      92           

call that the caller intends to cause damage to or destroy public  94           

or private property, and the recipient of the telephone call, any  95           

member of the family of the recipient of the telephone call, or    96           

                                                          3      


                                                                 
any other person who resides at the premises to which the          97           

telephone call is made owns, leases, resides, or works in, will    98           

at the time of the destruction or damaging be near or in, has the  99           

responsibility of protecting, or insures the property that will    100          

be destroyed or damaged;                                           101          

      (5)  Knowingly makes the telephone call to the recipient of  103          

the telephone call, to another person at the premises to which     104          

the telephone call is made, or to the premises to which the        105          

telephone call is made, and the recipient of the telephone call,   106          

or another person at the premises to which the telephone call is   107          

made, previously has told the caller not to call the premises to   108          

which the telephone call is made or not to call any persons at     109          

the premises to which the telephone call is made.                  110          

      (B)  No person shall make or cause to be made a telephone    112          

call, or permit a telephone call to be made from a telephone       113          

under the person's control, with purpose to abuse, threaten,       114          

annoy, or harass another person.                                   116          

      (C)(1)  Whoever violates this section is guilty of           118          

telephone harassment.                                              119          

      (2)  A violation of division (A)(1), (2), (3), or (5) or     121          

(B) of this section is a misdemeanor of the first degree on a      122          

first offense and a felony of the fifth degree on each subsequent  124          

offense involving the same person, recipient, or premises.         125          

      (3)  Except as otherwise provided in division (C)(3) of      127          

this section, a violation of division (A)(4) of this section is a  128          

misdemeanor of the first degree on a first offense and a felony    129          

of the fifth degree on each subsequent offense.  If a violation    130          

of division (A)(4) of this section results in economic harm of     132          

five hundred dollars or more but less than five thousand dollars,  133          

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

violation of division (A)(4) of this section results in economic   134          

harm of five thousand dollars or more but less than one hundred    135          

thousand dollars, telephone harassment is a felony of the fourth   136          

degree.  If a violation of division (A)(4) of this section         137          

                                                          4      


                                                                 
results in economic harm of one hundred thousand dollars or more,  138          

telephone harassment is a felony of the third degree.              139          

      (D)  As used in this section, "economic harm" means all      141          

direct, incidental, and consequential pecuniary harm suffered by   142          

a victim as a result of criminal conduct.  "Economic harm"         143          

includes, but is not limited to, all of the following:             144          

      (1)  All wages, salaries, or other compensation lost as a    146          

result of the criminal conduct;                                    147          

      (2)  The cost of all wages, salaries, or other compensation  149          

paid to employees for time those employees are prevented from      150          

working as a result of the criminal conduct;                       151          

      (3)  The overhead costs incurred for the time that a         153          

business is shut down as a result of the criminal conduct;         154          

      (4)  The loss of value to tangible or intangible property    156          

that was damaged as a result of the criminal conduct.              157          

      (E)  Nothing in this section prohibits a person from making  159          

a telephone call to a debtor that is in compliance with the "Fair  160          

Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.     161          

1692, as amended, or the "Telephone Consumer Protection Act," 105  163          

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

      Section 2.  That existing sections 2903.211 and 2917.21 of   165          

the Revised Code are hereby repealed.                              167