As Introduced                            1            

                                                                                

                        CORRECTED VERSION                          3            

123rd General Assembly                                             6            

   Regular Session                                 H. B. No. 412   7            

      1999-2000                                                    8            


     REPRESENTATIVES SALERNO-FORD-GOODMAN-D. MILLER-O'BRIEN-       10           

      PATTON-SCHURING-SULLIVAN-THOMAS-TIBERI-WOMER BENJAMIN        11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 2151.141, 2903.13, 2903.21,         14           

                2903.211, and 2903.22 and to enact section         15           

                2151.142 of the Revised Code to increase the       16           

                penalties for assaulting or menacing personnel of  17           

                public children services agencies and private                   

                child placing agencies and to declare their        19           

                residential addresses to be confidential           20           

                information that is not subject to disclosure by   21           

                specified persons or obtainable as a part of a     22           

                public record.                                     23           




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

      Section 1.  That sections 2151.141, 2903.13, 2903.21,        27           

2903.211, and 2903.22 be amended and section 2151.142 of the       29           

Revised Code be enacted to read as follows:                                     

      Sec. 2151.141.  (A)  If a complaint filed with respect to a  38           

child pursuant to section 2151.27 of the Revised Code alleges      39           

that a child is an abused, neglected, or dependent child, any      40           

individual or entity that is listed in divisions (D)(1)(a) to (k)  41           

of section 2151.14 of the Revised Code and that is investigating   42           

whether the child is an abused, neglected, or dependent child,     43           

has custody of the child, is preparing a social history for the    44           

child, or is providing any services for the child may request any  45           

board of education, governing body of a chartered nonpublic        46           

                                                          2      


                                                                 
school, public children services agency, private child placing     47           

agency, probation department, law enforcement agency, or           48           

prosecuting attorney that has any records related to the child to  49           

provide the individual or entity with a copy of the records.  The  50           

request shall be in writing, describe the type of records          51           

requested, explain the need for the records, be accompanied by a   52           

copy of the complaint, and describe the relationship of the        53           

requesting individual or entity to the child.  The individual or   54           

entity shall provide a copy of the request to the child in         55           

question, the attorney or guardian ad litem of the child, and the  56           

parent, guardian, or custodian of the child.                       57           

      (B)(1)  Any board of education, governing body of a          59           

chartered nonpublic school, public children services agency,       60           

private child placing agency, probation department, law            61           

enforcement agency, or prosecuting attorney that has any records   62           

related to a child who is the subject of a complaint as described  63           

in division (A) of this section and that receives a request for a  64           

copy of the records pursuant to division (A) of this section       65           

shall comply with the request, unless the individual or entity     66           

determines that it is unable to do so because it is prohibited by  67           

law from complying with the request, the request does not comply   68           

with division (A) of this section, or a complaint as described in  69           

division (A) of this section has not been filed with respect to    70           

the child who is the subject of the requested records.  If the     71           

individual or entity determines that it is unable to comply with   72           

the request, it shall file a motion with the court in which the    73           

complaint as described in division (A) of this section was filed   74           

or was alleged to have been filed requesting the court to          75           

determine the extent to which it is required to comply with the    76           

request for records.  Upon the filing of the motion, the court     77           

immediately shall hold a hearing on the motion, determine the      78           

extent to which the movant is required to comply with the request  79           

for records, and issue findings of fact and conclusions of law in  80           

support of its determination.  The determination of the court      81           

                                                          3      


                                                                 
shall be final.  If the court determines that the movant is        82           

required to comply with the request for records, it shall          83           

identify the specific records that must be supplied to the         84           

individual or entity that requested them.                          85           

      (2)  In addition to or in lieu of the motion described in    87           

division (B)(1) of this section, a law enforcement agency or       88           

prosecuting attorney that receives a request for a copy of         89           

records pursuant to division (A) of this section may file a        90           

motion for a protective order as described in this division with   91           

the court in which the complaint as described in division (A) of   92           

this section was filed or alleged to have been filed.  Upon the    93           

filing of such a motion OF THAT NATURE, the court shall conduct a  95           

hearing on the motion.  If at the hearing the law enforcement      96           

agency or prosecuting attorney demonstrates that any of the        97           

following applies and if, after considering the purposes for       98           

which the records were requested pursuant to division (A) of this  99           

section, the best interest of the child, and any demonstrated      100          

need to prevent specific information in the records from being     101          

disclosed, the court determines that the issuance of a protective  102          

order is necessary, then the court shall issue a protective order  103          

that appropriately limits the disclosure of one or more specified  104          

records or specified information in one or more specified          105          

records:                                                           106          

      (a)  The records or information in the records relate to a   108          

case in which the child is alleged to be a delinquent child or a   109          

case in which a child is bound over for trial as an adult          110          

pursuant to section 2151.26 of the Revised Code and Juvenile Rule  111          

30, and the adjudication hearing in the case, the trial in the     112          

case, or other disposition of the case has not been concluded.     113          

      (b)  The records in question, or the records containing the  115          

information in question, are confidential law enforcement          116          

investigatory records, as defined in section 149.43 of the         117          

Revised Code.                                                      118          

      (c)  The records or information in the records relate to a   120          

                                                          4      


                                                                 
case in which the child is or was alleged to be a delinquent       121          

child or to a case in which a child is or was bound over for       122          

trial as an adult pursuant to section 2151.26 of the Revised Code  123          

and Juvenile Rule 30; another case is pending against any child    124          

or any adult in which the child is alleged to be a delinquent      125          

child, the child is so bound over for trial as an adult, or the    126          

adult is alleged to be a criminal offender; the allegations in     127          

the case to which the records or information relate and the        128          

allegations in the other case are based on the same act or         129          

transaction, are based on two or more connected transactions or    130          

constitute parts of a common scheme or plan, or are part of a      131          

course of criminal conduct; and the adjudication hearing in,       132          

trial in, or other disposition of the other case has not been      133          

concluded.                                                         134          

      (C)  If an individual or entity is required to provide       136          

copies of records pursuant to this section, the individual or      137          

entity may charge a fee for the copies that does not exceed the    138          

cost of supplying them.                                            139          

      (D)  This section shall not be construed to require,         141          

authorize, or permit, and does not require, authorize, or permit,  142          

the dissemination of any records or any information contained in   143          

any records if the dissemination of the records or information     144          

generally is prohibited by any provision SECTION 2151.142 OR       145          

ANOTHER SECTION of the Revised Code and a WAIVER AS DESCRIBED IN   147          

DIVISION (B)(1) OF SECTION 2151.142 OF THE REVISED CODE OR A       148          

specific provision of the Revised Code does not specifically                    

authorize or permit the dissemination of the records or            149          

information pursuant to this section.                              150          

      Sec. 2151.142.  (A)  AS USED IN THIS SECTION, "PUBLIC        153          

RECORD" HAS THE SAME MEANING AS IN SECTION 149.43 OF THE REVISED   155          

CODE.                                                              156          

      (B)  BOTH OF THE FOLLOWING APPLY TO THE RESIDENTIAL ADDRESS  159          

OF EACH OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY   160          

OR A PRIVATE CHILD PLACING AGENCY WHO PERFORMS OFFICIAL                         

                                                          5      


                                                                 
RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,           161          

2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,         162          

2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF    163          

THE REVISED CODE AND TO THE RESIDENTIAL ADDRESS OF PERSONS         164          

RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY:  165          

      (1)  OTHER OFFICERS AND EMPLOYEES OF A PUBLIC CHILDREN       167          

SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR  168          

LAW ENFORCEMENT AGENCY SHALL CONSIDER THOSE RESIDENTIAL ADDRESSES  169          

TO BE CONFIDENTIAL INFORMATION AND SHALL NOT DISCLOSE THEM TO ANY  170          

PERSON WITH THE KNOWLEDGE THAT THE PERSON IS OR MAY BE A SUBJECT   171          

OF AN INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER               

CASE, OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE OF THE    172          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY    174          

CURRENTLY IS OR HAS BEEN ASSOCIATED.  THE OFFICER OR EMPLOYEE OF   175          

THE PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING       176          

AGENCY MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL          177          

ADDRESSES BY GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO     178          

OTHER OFFICERS OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY,  179          

PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT   180          

AGENCY.                                                                         

      (2)  TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE      182          

CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES     183          

AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW       185          

ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE             187          

INFORMATION THAT IS SUBJECT TO INSPECTION OR COPYING AS PART OF A               

PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE.            189          

      (C)  IN THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION     192          

(B)(1) OF THIS SECTION, NO OFFICER OR EMPLOYEE OF A PUBLIC         193          

CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE   194          

COURT, OR LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL    195          

ADDRESS OF AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES                 

AGENCY OR PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL         196          

ADDRESS OF A PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY         197          

CONSANGUINITY OR AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER  198          

                                                          6      


                                                                 
DIVISION (B)(1) OF THIS SECTION TO ANY PERSON WITH THE KNOWLEDGE   199          

THAT THAT PERSON IS OR MAY BE A SUBJECT OF AN INVESTIGATION,       200          

INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE, OR OTHER        202          

MATTER WITH WHICH THE OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN                  

SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY CURRENTLY IS OR    203          

HAS BEEN ASSOCIATED.                                               204          

      Sec. 2903.13.  (A)  No person shall knowingly cause or       213          

attempt to cause physical harm to another or to another's unborn.  214          

      (B)  No person shall recklessly cause serious physical harm  216          

to another or to another's unborn.                                 217          

      (C)  Whoever violates this section is guilty of assault.     219          

Except as otherwise provided in division (C)(1), (2), or (3), OR   221          

(4) of this section, assault is a misdemeanor of the first         222          

degree.                                                                         

      (1)  Except as otherwise provided in this division, if the   224          

offense is committed by a caretaker against a functionally         226          

impaired person under the caretaker's care, assault is a felony    227          

of the fourth degree.  If the offense is committed by a caretaker  228          

against a functionally impaired person under the caretaker's       229          

care, if the offender previously has been convicted of or pleaded  231          

guilty to a violation of this section or section 2903.11 or        232          

2903.16 of the Revised Code, and if in relation to the previous    233          

conviction the offender was a caretaker and the victim was a       234          

functionally impaired person under the offender's care, assault    235          

is a felony of the third degree.                                   236          

      (2)  If the offense is committed in any of the following     238          

circumstances, assault is a felony of the fifth degree:            239          

      (a)  The offense occurs in or on the grounds of a state      241          

correctional institution or an institution of the department of    242          

youth services, the victim of the offense is an employee of the    243          

department of rehabilitation and correction, the department of     244          

youth services, or a probation department or is on the premises    245          

of the particular institution for business purposes or as a        246          

visitor, and the offense is committed by a person incarcerated in  247          

                                                          7      


                                                                 
the state correctional institution, by a person institutionalized  248          

in the department of youth services institution pursuant to a      249          

commitment to the department of youth services, by a probationer   251          

or parolee, by an offender under transitional control, under a     253          

community control sanction, or on an escorted visit, by a person                

under post-release control, or by an offender under any other      256          

type of supervision by a government agency;.                       257          

      (b)  The offense occurs in or on the grounds of a local      259          

correctional facility, the victim of the offense is an employee    260          

of the local correctional facility or a probation department or    261          

is on the premises of the facility for business purposes or as a   262          

visitor, and the offense is committed by a person who is under     263          

custody in the facility subsequent to the person's arrest for any  264          

crime or delinquent act, subsequent to the person's being charged  266          

with or convicted of any crime, or subsequent to the person's      268          

being alleged to be or adjudicated a delinquent child.             269          

      (c)  The offense occurs off the grounds of a state           271          

correctional institution and off the grounds of an institution of  272          

the department of youth services, the victim of the offense is an  273          

employee of the department of rehabilitation and correction, the   274          

department of youth services, or a probation department, the       275          

offense occurs during the employee's official work hours and       276          

while the employee is engaged in official work responsibilities,   277          

and the offense is committed by a person incarcerated in a state   279          

correctional institution or institutionalized in the department    280          

of youth services who temporarily is outside of the institution    281          

for any purpose, by a probationer or parolee, by an offender       283          

under transitional control, under a community control sanction,    284          

or on an escorted visit, by a person under post-release control,   285          

or by an offender under any other type of supervision by a         286          

government agency.                                                              

      (d)  The offense occurs off the grounds of a local           288          

correctional facility, the victim of the offense is an employee    289          

of the local correctional facility or a probation department, the  290          

                                                          8      


                                                                 
offense occurs during the employee's official work hours and       291          

while the employee is engaged in official work responsibilities,   292          

and the offense is committed by a person who is under custody in   293          

the facility subsequent to the person's arrest for any crime or    294          

delinquent act, subsequent to the person being charged with or     295          

convicted of any crime, or subsequent to the person being alleged  296          

to be or adjudicated a delinquent child and who temporarily is     298          

outside of the facility for any purpose or by a probationer or     299          

parolee, by an offender under transitional control, under a        300          

community control sanction, or on an escorted visit, by a person   301          

under post-release control, or by an offender under any other      302          

type of supervision by a government agency.                        303          

      (e)  The victim of the offense is a school teacher or        305          

administrator or a school bus operator, and the offense occurs in  306          

a school, on school premises, in a school building, on a school    308          

bus, or while the victim is outside of school premises or a        309          

school bus and is engaged in duties or official responsibilities   310          

associated with the victim's employment or position as a school    312          

teacher or administrator or a school bus operator, including, but  313          

not limited to, driving, accompanying, or chaperoning students at  314          

or on class or field trips, athletic events, or other school       315          

extracurricular activities or functions outside of school          316          

premises.                                                                       

      (3)  If the victim of the offense is a peace officer, a      318          

firefighter, or a person performing emergency medical service,     320          

while in the performance of their official duties, assault is a    321          

felony of the fourth degree.                                       322          

      (4)  IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE  324          

OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING    325          

AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S      326          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 327          

RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,                        

2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,         328          

2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF    329          

                                                          9      


                                                                 
THE REVISED CODE, ASSAULT IS A FELONY OF THE FIFTH DEGREE OR, IF   331          

THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY                 

TO A VIOLATION OF THIS SECTION INVOLVING AN OFFICER OR EMPLOYEE    333          

OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING                   

AGENCY, A FELONY OF THE FOURTH DEGREE.                             334          

      (5)  As used in this section:                                336          

      (a)  "Peace officer" has the same meaning as in section      338          

2935.01 of the Revised Code.                                       339          

      (b)  "Firefighter" has the same meaning as in section        342          

3937.41 of the Revised Code.                                       343          

      (c)  "Emergency medical service" has the same meaning as in  345          

section 4765.01 of the Revised Code.                               346          

      (d)  "Local correctional facility" means a county,           348          

multicounty, municipal, municipal-county, or                       349          

multicounty-municipal jail or workhouse, a minimum security jail   351          

established under section 341.23 or 753.21 of the Revised Code,    352          

or another county, multicounty, municipal, municipal-county, or    353          

multicounty-municipal facility used for the custody of persons     354          

arrested for any crime or delinquent act, persons charged with or  355          

convicted of any crime, or persons alleged to be or adjudicated a  356          

delinquent child.                                                               

      (e)  "Employee of a local correctional facility" means a     358          

person who is an employee of the political subdivision or of one   359          

or more of the affiliated political subdivisions that operates     360          

the local correctional facility and who operates or assists in     361          

the operation of the facility.                                     362          

      (f)  "School teacher or administrator" means either of the   364          

following:                                                                      

      (i)  A person who is employed in the public schools of the   366          

state under a contract described in section 3319.08 of the         367          

Revised Code in a position in which the person is required to      368          

have a certificate issued pursuant to sections 3319.22 to          369          

3319.311 of the Revised Code.                                                   

      (ii)  A person who is employed by a nonpublic school for     371          

                                                          10     


                                                                 
which the state board of education prescribes minimum standards    372          

under section 3301.07 of the Revised Code and who is certificated  373          

in accordance with section 3301.071 of the Revised Code.           374          

      (g)  "Community control sanction" has the same meaning as    376          

in section 2929.01 of the Revised Code.                            378          

      (h)  "Escorted visit" means an escorted visit granted under  380          

section 2967.27 of the Revised Code.                               381          

      (i)  "Post-release control" and "transitional control" have  383          

the same meanings as in section 2967.01 of the Revised Code.       385          

      (j)  "PRIVATE CHILD PLACING AGENCY" HAS THE SAME MEANING AS  388          

IN SECTION 2151.011 OF THE REVISED CODE.                           389          

      Sec. 2903.21.  (A)  No person shall knowingly cause another  398          

to believe that the offender will cause serious physical harm to   399          

the person or property of such THE other person, such THE other    400          

person's unborn, or a member of the other person's immediate       401          

family.                                                                         

      (B)  Whoever violates this section is guilty of aggravated   403          

menacing,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,         404          

AGGRAVATED MENACING IS a misdemeanor of the first degree.  IF THE  405          

VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC        406          

CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND     407          

THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR  408          

ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES     409          

DESCRIBED IN SECTION 2151.14, 2151.141, 2151.33, 2151.353,         410          

2151.412, 2151.413, 2151.414, 2151.415, 2151.416, 2151.417, OR     411          

2151.421 OR ANOTHER SECTION OF THE REVISED CODE, AGGRAVATED        412          

MENACING IS A FELONY OF THE FIFTH DEGREE OR, IF THE OFFENDER       414          

PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION  415          

OF THIS SECTION INVOLVING AN OFFICER OR EMPLOYEE OF A PUBLIC       416          

CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, A        417          

FELONY OF THE FOURTH DEGREE.                                                    

      (C)  AS USED IN THIS SECTION, "PRIVATE CHILD PLACING         420          

AGENCY" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE         421          

REVISED CODE.                                                                   

                                                          11     


                                                                 
      Sec. 2903.211.  (A)  No person by engaging in a pattern of   430          

conduct shall knowingly cause another to believe that the          431          

offender will cause physical harm to the other person or cause     432          

mental distress to the other person.                               433          

      (B)  Whoever violates this section is guilty of menacing by  435          

stalking,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,         436          

MENACING BY STALKING IS a misdemeanor of the first degree.  If     437          

the offender previously has been convicted of or pleaded guilty    439          

to a violation of this section, menacing by stalking is a felony   440          

of the fifth degree.  IF THE VICTIM OF THE OFFENSE IS AN OFFICER   442          

OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE      443          

CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR   444          

EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL      445          

RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,                        

2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,         446          

2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF    447          

THE REVISED CODE, MENACING BY STALKING IS A FELONY OF THE FIFTH    449          

DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR     450          

PLEADED GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN         451          

OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR        452          

PRIVATE CHILD PLACING AGENCY, A FELONY OF THE FOURTH DEGREE.       453          

      (C)  As used in this section:                                455          

      (1)  "Pattern of conduct" means two or more actions or       457          

incidents closely related in time, whether or not there has been   458          

a prior conviction based on any of those actions or incidents.     459          

      (2)  "Mental distress" means any mental illness or           461          

condition that involves some temporary substantial incapacity or   462          

mental illness or condition that would normally require            463          

psychiatric treatment.                                             464          

      (3)  "PRIVATE CHILD PLACING AGENCY" HAS THE SAME MEANING AS  466          

IN SECTION 2151.011 OF THE REVISED CODE.                           468          

      Sec. 2903.22.  (A)  No person shall knowingly cause another  477          

to believe that the offender will cause physical harm to the       478          

person or property of such THE other person, such THE other        479          

                                                          12     


                                                                 
person's unborn, or a member of the other person's immediate       481          

family.                                                                         

      (B)  Whoever violates this section is guilty of menacing,.   483          

EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MENACING IS a       484          

misdemeanor of the fourth degree.  IF THE VICTIM OF THE OFFENSE    485          

IS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR  487          

A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE      488          

OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF  489          

OFFICIAL RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,               

2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,         490          

2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF    491          

THE REVISED CODE, MENACING IS A MISDEMEANOR OF THE FIRST DEGREE    493          

OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED                 

GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN OFFICER OR      494          

EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD     495          

PLACING AGENCY, A FELONY OF THE FOURTH DEGREE.                     496          

      (C)  AS USED IN THIS SECTION, "PRIVATE CHILD PLACING         499          

AGENCY" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE         500          

REVISED CODE.                                                      501          

      Section 2.  That existing sections 2151.141, 2903.13,        503          

2903.21, 2903.211, and 2903.22 of the Revised Code are hereby      505          

repealed.