As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 137 5
1999-2000 6
REPRESENTATIVES CAREY-THOMAS-TAYLOR-SULZER-SCHULER-TERWILLEGER- 8
WILLAMOWSKI-BRADING-OGG-VAN VYVEN-PRINGLE-MEAD-EVANS- 9
CLANCY-MOTTLEY-HOLLISTER-VESPER-OLMAN-HARRIS-PADGETT 10
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A B I L L
To amend sections 2903.211, 2909.04, 2917.11, 13
2917.13, and 2921.31 of the Revised Code to 14
extend the offenses of disrupting public services
and misconduct at an emergency to activities of 15
emergency medical services personnel, to increase 16
the penalties for misconduct at an emergency and
obstructing official business if risk of physical 17
harm is involved, to increase the penalty for 18
disorderly conduct if committed in the presence
of certain authorized persons performing duties 19
at the scene of an emergency, and to specify that 20
"pattern of conduct" in menacing by stalking
includes actions obstructing a public official's 21
performance of authorized acts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2903.211, 2909.04, 2917.11, 24
2917.13, and 2921.31 of the Revised Code be amended to read as 25
follows:
Sec. 2903.211. (A) No person by engaging in a pattern of 34
conduct shall knowingly cause another to believe that the 35
offender will cause physical harm to the other person or cause 36
mental distress to the other person. 37
(B) Whoever violates this section is guilty of menacing by 39
stalking, a misdemeanor of the first degree. If the offender 40
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previously has been convicted of or pleaded guilty to a violation 41
of this section involving the same person who is the victim of 42
the current offense, menacing by stalking is a felony of the 43
fifth degree. 44
(C) As used in this section: 46
(1) "Pattern of conduct" means two or more actions or 48
incidents closely related in time, whether or not there has been 49
a prior conviction based on any of those actions or incidents. 50
ACTIONS OR INCIDENTS THAT PREVENT, OBSTRUCT, OR DELAY THE 51
PERFORMANCE BY A PUBLIC OFFICIAL OF ANY AUTHORIZED ACT WITHIN THE 52
PUBLIC OFFICIAL'S OFFICIAL CAPACITY MAY CONSTITUTE A "PATTERN OF 53
CONDUCT."
(2) "Mental distress" means any mental illness or 55
condition that involves some temporary substantial incapacity or 56
mental illness or condition that would normally require 57
psychiatric treatment. 58
(3) "PUBLIC OFFICIAL" HAS THE SAME MEANING AS IN SECTION 60
2921.01 OF THE REVISED CODE. 61
Sec. 2909.04. (A) No person, purposely by any means, or 70
knowingly by damaging or tampering with any property, shall do 71
any of the following: 72
(1) Interrupt or impair television, radio, telephone, 74
telegraph, or other mass communications service, or; police, 75
fire, or other public service communications, or; radar, loran, 77
radio, or other electronic aids to air or marine navigation or 78
communications,; or amateur or citizens band radio communications 80
being used for public service or emergency communications; 81
(2) Interrupt or impair public transportation, including 83
without limitation school bus transportation, or water supply, 84
gas, power, or other utility service to the public; 85
(3) Substantially impair the ability of law enforcement 87
officers, firemen FIREFIGHTERS, or rescue personnel, OR EMERGENCY 89
MEDICAL SERVICES PERSONNEL to respond to an emergency, or to 91
protect and preserve any person or property from serious physical 92
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harm.
(B) Whoever violates this section is guilty of disrupting 94
public services, a felony of the fourth degree. 95
Sec. 2917.11. (A) No person shall recklessly cause 104
inconvenience, annoyance, or alarm to another, by doing any of 105
the following: 106
(1) Engaging in fighting, in threatening harm to persons 108
or property, or in violent or turbulent behavior; 109
(2) Making unreasonable noise or an offensively coarse 111
utterance, gesture, or display, or communicating unwarranted and 112
grossly abusive language to any person; 113
(3) Insulting, taunting, or challenging another, under 115
circumstances in which such THAT conduct is likely to provoke a 116
violent response; 117
(4) Hindering or preventing the movement of persons on a 119
public street, road, highway, or right-of-way, or to, from, 120
within, or upon public or private property, so as to interfere 121
with the rights of others, and by any act that serves no lawful 123
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to 125
persons or that presents a risk of physical harm to persons or 127
property, by any act that serves no lawful and reasonable purpose 128
of the offender.
(B) No person, while voluntarily intoxicated, shall do 130
either of the following: 131
(1) In a public place or in the presence of two or more 133
persons, engage in conduct likely to be offensive or to cause 134
inconvenience, annoyance, or alarm to persons of ordinary 135
sensibilities, which conduct the offender, if the offender were 137
not intoxicated, should know is likely to have that effect on 138
others; 139
(2) Engage in conduct or create a condition that presents 141
a risk of physical harm to the offender or another, or to the 143
property of another.
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(C) Violation of any statute or ordinance of which an 145
element is operating a motor vehicle, locomotive, watercraft, 146
aircraft, or other vehicle while under the influence of alcohol 147
or any drug of abuse, is not a violation of division (B) of this 148
section. 149
(D) When to an ordinary observer IF a person appears TO AN 151
ORDINARY OBSERVER to be intoxicated, it is probable cause to 152
believe that person is voluntarily intoxicated for purposes of 154
division (B) of this section. 155
(E)(1) Whoever violates this section is guilty of 157
disorderly conduct. Except 158
(2) EXCEPT as otherwise provided in this division (E)(3) 161
OF THIS SECTION, disorderly conduct is a minor misdemeanor. If 162
the
(3) DISORDERLY CONDUCT IS A MISDEMEANOR OF THE FOURTH 164
DEGREE IF ANY OF THE FOLLOWING APPLIES: 165
(a) THE offender persists in disorderly conduct after 167
reasonable warning or request to desist or if the. 169
(b) THE offense is committed in the vicinity of a school, 171
disorderly conduct is a misdemeanor of the fourth degree. 172
(c) THE OFFENSE IS COMMITTED IN THE PRESENCE OF ANY LAW 174
ENFORCEMENT OFFICER, FIREFIGHTER, RESCUER, MEDICAL PERSON, 175
EMERGENCY MEDICAL SERVICES PERSON, OR OTHER AUTHORIZED PERSON WHO 176
IS ENGAGED IN THE PERSON'S DUTIES AT THE SCENE OF A FIRE, 177
ACCIDENT, DISASTER, RIOT, OR EMERGENCY OF ANY KIND. 178
(F) As used in this section, "committed in the vicinity of 180
a school" has the same meaning as in section 2925.01 of the 181
Revised Code.
Sec. 2917.13. (A) No person shall knowingly DO ANY OF THE 190
FOLLOWING:
(1) Hamper the lawful operations of any law enforcement 192
officer, fireman FIREFIGHTER, rescuer, medical person, EMERGENCY 193
MEDICAL SERVICES PERSON, or other authorized person, engaged in 194
his THE PERSON'S duties at the scene of a fire, accident, 197
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disaster, riot, or emergency of any kind;
(2) Fail to obey the lawful order of any law enforcement 199
officer engaged in his THE LAW ENFORCEMENT OFFICER'S duties at 200
the scene of or in connection with a fire, accident, disaster, 201
riot, or emergency of any kind. 202
(B) Nothing in this section shall be construed to limit 204
access or deny information to any news media representative in 205
the lawful exercise of his THE NEWS MEDIA REPRESENTATIVE'S 206
duties. 207
(C) Whoever violates this section is guilty of misconduct 209
at an emergency,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 210
MISCONDUCT AT AN EMERGENCY IS a minor misdemeanor. If A 211
violation of this section creates a risk of physical harm to 214
persons or property, misconduct at an emergency is a misdemeanor
of the fourth FIRST degree. 215
Sec. 2921.31. (A) No person, without privilege to do so 224
and with purpose to prevent, obstruct, or delay the performance 225
by a public official of any authorized act within his THE PUBLIC 226
OFFICIAL'S official capacity, shall do any act which THAT hampers 227
or impedes a public official in the performance of his THE PUBLIC 228
OFFICIAL'S lawful duties. 229
(B) Whoever violates this section is guilty of obstructing 231
official business,. EXCEPT AS OTHERWISE PROVIDED IN THIS 232
DIVISION, OBSTRUCTING OFFICIAL BUSINESS IS a misdemeanor of the 233
second degree. IF A VIOLATION OF THIS SECTION CREATES A RISK OF 234
PHYSICAL HARM TO ANY PERSON, OBSTRUCTING OFFICIAL BUSINESS IS A 235
FELONY OF THE FIFTH DEGREE.
Section 2. That existing sections 2903.211, 2909.04, 237
2917.11, 2917.13, and 2921.31 of the Revised Code are hereby 238
repealed.