As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Am. 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- 11
WOMER BENJAMIN-DePIERO-CALLENDER
_________________________________________________________________ 12
A B I L L
To amend sections 2903.211, 2909.04, 2917.11, 14
2917.13, and 2921.31 of the Revised Code to 15
extend the offenses of disrupting public services
and misconduct at an emergency to activities of 16
emergency medical services personnel, to increase 17
the penalties for misconduct at an emergency and
obstructing official business if risk of physical 18
harm is involved, to increase the penalty for 19
disorderly conduct if committed in the presence
of certain authorized persons performing duties 20
at the scene of an emergency, and to specify that 21
"pattern of conduct" in menacing by stalking
includes actions obstructing a public official's 22
performance of authorized acts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2903.211, 2909.04, 2917.11, 25
2917.13, and 2921.31 of the Revised Code be amended to read as 26
follows:
Sec. 2903.211. (A) No person by engaging in a pattern of 35
conduct shall knowingly cause another to believe that the 36
offender will cause physical harm to the other person or cause 37
mental distress to the other person. 38
(B) Whoever violates this section is guilty of menacing by 40
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stalking, a misdemeanor of the first degree. If the offender 41
previously has been convicted of or pleaded guilty to a violation 42
of this section involving the same person who is the victim of 43
the current offense, menacing by stalking is a felony of the 44
fifth degree. 45
(C) As used in this section: 47
(1) "Pattern of conduct" means two or more actions or 49
incidents closely related in time, whether or not there has been 50
a prior conviction based on any of those actions or incidents. 51
ACTIONS OR INCIDENTS THAT PREVENT, OBSTRUCT, OR DELAY THE 52
PERFORMANCE BY A PUBLIC OFFICIAL OF ANY AUTHORIZED ACT WITHIN THE 53
PUBLIC OFFICIAL'S OFFICIAL CAPACITY MAY CONSTITUTE A "PATTERN OF 54
CONDUCT."
(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
(3) "PUBLIC OFFICIAL" HAS THE SAME MEANING AS IN SECTION 61
2921.01 OF THE REVISED CODE. 62
Sec. 2909.04. (A) No person, purposely by any means, or 71
knowingly by damaging or tampering with any property, shall do 72
any of the following: 73
(1) Interrupt or impair television, radio, telephone, 75
telegraph, or other mass communications service, or; police, 76
fire, or other public service communications, or; radar, loran, 78
radio, or other electronic aids to air or marine navigation or 79
communications,; or amateur or citizens band radio communications 81
being used for public service or emergency communications; 82
(2) Interrupt or impair public transportation, including 84
without limitation school bus transportation, or water supply, 85
gas, power, or other utility service to the public; 86
(3) Substantially impair the ability of law enforcement 88
officers, firemen FIREFIGHTERS, or rescue personnel, OR EMERGENCY 91
MEDICAL SERVICES PERSONNEL to respond to an emergency, or to 93
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protect and preserve any person or property from serious physical 94
harm.
(B) Whoever violates this section is guilty of disrupting 96
public services, a felony of the fourth degree. 97
(C) "EMERGENCY MEDICAL SERVICES PERSONNEL" HAS THE SAME 107
MEANING AS IN SECTION 2133.21 OF THE REVISED CODE. 108
Sec. 2917.11. (A) No person shall recklessly cause 109
inconvenience, annoyance, or alarm to another, by doing any of 110
the following: 111
(1) Engaging in fighting, in threatening harm to persons 113
or property, or in violent or turbulent behavior; 114
(2) Making unreasonable noise or an offensively coarse 116
utterance, gesture, or display, or communicating unwarranted and 117
grossly abusive language to any person; 118
(3) Insulting, taunting, or challenging another, under 120
circumstances in which such THAT conduct is likely to provoke a 121
violent response; 122
(4) Hindering or preventing the movement of persons on a 124
public street, road, highway, or right-of-way, or to, from, 125
within, or upon public or private property, so as to interfere 126
with the rights of others, and by any act that serves no lawful 128
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to 130
persons or that presents a risk of physical harm to persons or 132
property, by any act that serves no lawful and reasonable purpose 133
of the offender.
(B) No person, while voluntarily intoxicated, shall do 135
either of the following: 136
(1) In a public place or in the presence of two or more 138
persons, engage in conduct likely to be offensive or to cause 139
inconvenience, annoyance, or alarm to persons of ordinary 140
sensibilities, which conduct the offender, if the offender were 142
not intoxicated, should know is likely to have that effect on 143
others; 144
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(2) Engage in conduct or create a condition that presents 146
a risk of physical harm to the offender or another, or to the 148
property of another.
(C) Violation of any statute or ordinance of which an 150
element is operating a motor vehicle, locomotive, watercraft, 151
aircraft, or other vehicle while under the influence of alcohol 152
or any drug of abuse, is not a violation of division (B) of this 153
section. 154
(D) When to an ordinary observer IF a person appears TO AN 156
ORDINARY OBSERVER to be intoxicated, it is probable cause to 157
believe that person is voluntarily intoxicated for purposes of 159
division (B) of this section. 160
(E)(1) Whoever violates this section is guilty of 162
disorderly conduct. Except 163
(2) EXCEPT as otherwise provided in this division (E)(3) 166
OF THIS SECTION, disorderly conduct is a minor misdemeanor. If 167
the
(3) DISORDERLY CONDUCT IS A MISDEMEANOR OF THE FOURTH 169
DEGREE IF ANY OF THE FOLLOWING APPLIES: 170
(a) THE offender persists in disorderly conduct after 172
reasonable warning or request to desist or if the. 174
(b) THE offense is committed in the vicinity of a school, 176
disorderly conduct is a misdemeanor of the fourth degree. 177
(c) THE OFFENSE IS COMMITTED IN THE PRESENCE OF ANY LAW 179
ENFORCEMENT OFFICER, FIREFIGHTER, RESCUER, MEDICAL PERSON, 180
EMERGENCY MEDICAL SERVICES PERSON, OR OTHER AUTHORIZED PERSON WHO 181
IS ENGAGED IN THE PERSON'S DUTIES AT THE SCENE OF A FIRE, 182
ACCIDENT, DISASTER, RIOT, OR EMERGENCY OF ANY KIND. 183
(F) As used in this section, "committed: 185
(1) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF 186
EMERGENCY MEDICAL SERVICES PERSONNEL AS DEFINED IN SECTION 187
2133.21 OF THE REVISED CODE.
(2) "COMMITTED in the vicinity of a school" has the same 189
meaning as in section 2925.01 of the Revised Code.
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Sec. 2917.13. (A) No person shall knowingly DO ANY OF THE 198
FOLLOWING:
(1) Hamper the lawful operations of any law enforcement 200
officer, fireman FIREFIGHTER, rescuer, medical person, EMERGENCY 201
MEDICAL SERVICES PERSON, or other authorized person, engaged in 202
his THE PERSON'S duties at the scene of a fire, accident, 205
disaster, riot, or emergency of any kind;
(2) Fail to obey the lawful order of any law enforcement 207
officer engaged in his THE LAW ENFORCEMENT OFFICER'S duties at 208
the scene of or in connection with a fire, accident, disaster, 209
riot, or emergency of any kind. 210
(B) Nothing in this section shall be construed to limit 212
access or deny information to any news media representative in 213
the lawful exercise of his THE NEWS MEDIA REPRESENTATIVE'S 214
duties. 215
(C) Whoever violates this section is guilty of misconduct 217
at an emergency,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 218
MISCONDUCT AT AN EMERGENCY IS a minor misdemeanor. If A 219
violation of this section creates a risk of physical harm to 222
persons or property, misconduct at an emergency is a misdemeanor
of the fourth FIRST degree. 223
(D) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF 225
EMERGENCY MEDICAL SERVICES PERSONNEL AS DEFINED IN SECTION 226
2133.21 OF THE REVISED CODE. 227
Sec. 2921.31. (A) No person, without privilege to do so 236
and with purpose to prevent, obstruct, or delay the performance 237
by a public official of any authorized act within his THE PUBLIC 238
OFFICIAL'S official capacity, shall do any act which THAT hampers 239
or impedes a public official in the performance of his THE PUBLIC 240
OFFICIAL'S lawful duties. 241
(B) Whoever violates this section is guilty of obstructing 243
official business,. EXCEPT AS OTHERWISE PROVIDED IN THIS 244
DIVISION, OBSTRUCTING OFFICIAL BUSINESS IS a misdemeanor of the 245
second degree. IF A VIOLATION OF THIS SECTION CREATES A RISK OF 246
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PHYSICAL HARM TO ANY PERSON, OBSTRUCTING OFFICIAL BUSINESS IS A 247
FELONY OF THE FIFTH DEGREE.
Section 2. That existing sections 2903.211, 2909.04, 249
2917.11, 2917.13, and 2921.31 of the Revised Code are hereby 250
repealed.