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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
      (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.                              

                                                          5      


                                                                 
      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          

                                                          6      


                                                                 
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.