As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 412 5
1999-2000 6
REPRESENTATIVES SALERNO-FORD-GOODMAN-D. MILLER-O'BRIEN- 8
PATTON-SCHURING-SULLIVAN-THOMAS-TIBERI-WOMER BENJAMIN- 9
WILLAMOWSKI 10
_________________________________________________________________ 11
A B I L L
To amend sections 2151.141, 2903.13, 2903.21, 13
2903.211, and 2903.22 and to enact section 14
2151.142 of the Revised Code to increase the 15
penalties for assaulting or menacing personnel of 16
public children services agencies and private
child placing agencies and to declare their 18
residential addresses to be confidential 19
information that is not subject to disclosure by 20
specified persons or obtainable as a part of a 21
public record, except by journalists in specified 22
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2151.141, 2903.13, 2903.21, 26
2903.211, and 2903.22 be amended and section 2151.142 of the 28
Revised Code be enacted to read as follows:
Sec. 2151.141. (A) If a complaint filed with respect to a 37
child pursuant to section 2151.27 of the Revised Code alleges 38
that a child is an abused, neglected, or dependent child, any 39
individual or entity that is listed in divisions (D)(1)(a) to (k) 40
of section 2151.14 of the Revised Code and that is investigating 41
whether the child is an abused, neglected, or dependent child, 42
has custody of the child, is preparing a social history for the 43
child, or is providing any services for the child may request any 44
board of education, governing body of a chartered nonpublic 45
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school, public children services agency, private child placing 46
agency, probation department, law enforcement agency, or 47
prosecuting attorney that has any records related to the child to 48
provide the individual or entity with a copy of the records. The 49
request shall be in writing, describe the type of records 50
requested, explain the need for the records, be accompanied by a 51
copy of the complaint, and describe the relationship of the 52
requesting individual or entity to the child. The individual or 53
entity shall provide a copy of the request to the child in 54
question, the attorney or guardian ad litem of the child, and the 55
parent, guardian, or custodian of the child. 56
(B)(1) Any board of education, governing body of a 58
chartered nonpublic school, public children services agency, 59
private child placing agency, probation department, law 60
enforcement agency, or prosecuting attorney that has any records 61
related to a child who is the subject of a complaint as described 62
in division (A) of this section and that receives a request for a 63
copy of the records pursuant to division (A) of this section 64
shall comply with the request, unless the individual or entity 65
determines that it is unable to do so because it is prohibited by 66
law from complying with the request, the request does not comply 67
with division (A) of this section, or a complaint as described in 68
division (A) of this section has not been filed with respect to 69
the child who is the subject of the requested records. If the 70
individual or entity determines that it is unable to comply with 71
the request, it shall file a motion with the court in which the 72
complaint as described in division (A) of this section was filed 73
or was alleged to have been filed requesting the court to 74
determine the extent to which it is required to comply with the 75
request for records. Upon the filing of the motion, the court 76
immediately shall hold a hearing on the motion, determine the 77
extent to which the movant is required to comply with the request 78
for records, and issue findings of fact and conclusions of law in 79
support of its determination. The determination of the court 80
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shall be final. If the court determines that the movant is 81
required to comply with the request for records, it shall 82
identify the specific records that must be supplied to the 83
individual or entity that requested them. 84
(2) In addition to or in lieu of the motion described in 86
division (B)(1) of this section, a law enforcement agency or 87
prosecuting attorney that receives a request for a copy of 88
records pursuant to division (A) of this section may file a 89
motion for a protective order as described in this division with 90
the court in which the complaint as described in division (A) of 91
this section was filed or alleged to have been filed. Upon the 92
filing of such a motion OF THAT NATURE, the court shall conduct a 94
hearing on the motion. If at the hearing the law enforcement 95
agency or prosecuting attorney demonstrates that any of the 96
following applies and if, after considering the purposes for 97
which the records were requested pursuant to division (A) of this 98
section, the best interest of the child, and any demonstrated 99
need to prevent specific information in the records from being 100
disclosed, the court determines that the issuance of a protective 101
order is necessary, then the court shall issue a protective order 102
that appropriately limits the disclosure of one or more specified 103
records or specified information in one or more specified 104
records: 105
(a) The records or information in the records relate to a 107
case in which the child is alleged to be a delinquent child or a 108
case in which a child is bound over for trial as an adult 109
pursuant to section 2151.26 of the Revised Code and Juvenile Rule 110
30, and the adjudication hearing in the case, the trial in the 111
case, or other disposition of the case has not been concluded. 112
(b) The records in question, or the records containing the 114
information in question, are confidential law enforcement 115
investigatory records, as defined in section 149.43 of the 116
Revised Code. 117
(c) The records or information in the records relate to a 119
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case in which the child is or was alleged to be a delinquent 120
child or to a case in which a child is or was bound over for 121
trial as an adult pursuant to section 2151.26 of the Revised Code 122
and Juvenile Rule 30; another case is pending against any child 123
or any adult in which the child is alleged to be a delinquent 124
child, the child is so bound over for trial as an adult, or the 125
adult is alleged to be a criminal offender; the allegations in 126
the case to which the records or information relate and the 127
allegations in the other case are based on the same act or 128
transaction, are based on two or more connected transactions or 129
constitute parts of a common scheme or plan, or are part of a 130
course of criminal conduct; and the adjudication hearing in, 131
trial in, or other disposition of the other case has not been 132
concluded. 133
(C) If an individual or entity is required to provide 135
copies of records pursuant to this section, the individual or 136
entity may charge a fee for the copies that does not exceed the 137
cost of supplying them. 138
(D) This section shall not be construed to require, 140
authorize, or permit, and does not require, authorize, or permit, 141
the dissemination of any records or any information contained in 142
any records if the dissemination of the records or information 143
generally is prohibited by any provision SECTION 2151.142 OR 144
ANOTHER SECTION of the Revised Code and a WAIVER AS DESCRIBED IN 146
DIVISION (B)(1) OF SECTION 2151.142 OF THE REVISED CODE OR A 147
specific provision of the Revised Code does not specifically
authorize or permit the dissemination of the records or 148
information pursuant to this section. 149
Sec. 2151.142. (A) AS USED IN THIS SECTION, "PUBLIC 152
RECORD" AND "JOURNALIST" HAVE THE SAME MEANINGS AS IN SECTION 153
149.43 OF THE REVISED 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
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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. THE OFFICER OR EMPLOYEE OF THE 170
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY 171
MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL ADDRESSES BY 173
GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO OTHER OFFICERS
OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 174
PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY. 175
(2) TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE 177
CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES 178
AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW 180
ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE 182
INFORMATION THAT IS SUBJECT TO INSPECTION OR COPYING AS PART OF A
PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE. 184
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 186
IN THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION (B)(1) OF 188
THIS SECTION, NO OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN 189
SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR 190
LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL ADDRESS OF 191
AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 192
PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL ADDRESS OF A
PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR 193
AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER DIVISION (B)(1) 194
OF THIS SECTION TO ANY PERSON, WHEN THE DISCLOSING OFFICER OR 195
EMPLOYEE KNOWS THAT THE PERSON IS OR MAY BE A SUBJECT OF AN 197
INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE, 198
OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE TO WHOM THE 199
RESIDENTIAL ADDRESS RELATES CURRENTLY IS OR HAS BEEN ASSOCIATED. 201
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(D) IF, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A 203
JOURNALIST REQUESTS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 204
CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY 205
TO DISCLOSE A RESIDENTIAL ADDRESS THAT IS CONFIDENTIAL 206
INFORMATION UNDER DIVISION (B)(1) OF THIS SECTION, THE AGENCY OR 207
JUVENILE COURT SHALL DISCLOSE TO THE JOURNALIST THE RESIDENTIAL 208
ADDRESS IF ALL OF THE FOLLOWING APPLY: 209
(1) THE REQUEST IS IN WRITING, IS SIGNED BY THE 211
JOURNALIST, INCLUDES THE JOURNALIST'S NAME AND TITLE, AND 212
INCLUDES THE NAME AND ADDRESS OF THE JOURNALIST'S EMPLOYER. 214
(2) THE REQUEST STATES THAT DISCLOSURE OF THE RESIDENTIAL 216
ADDRESS WOULD BE IN THE PUBLIC INTEREST. 217
(3) THE REQUEST ADEQUATELY IDENTIFIES THE PERSON WHOSE 219
RESIDENTIAL ADDRESS IS REQUESTED. 220
(4) THE PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 222
PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY 223
RECEIVING THE REQUEST IS ONE OF THE FOLLOWING: 224
(a) THE AGENCY OR JUVENILE COURT WITH WHICH THE OFFICIAL 226
IN QUESTION SERVES OR WITH WHICH THE EMPLOYEE IN QUESTION IS 227
EMPLOYED; 228
(b) THE AGENCY OR JUVENILE COURT THAT HAS CUSTODY OF THE 230
RECORDS OF THE AGENCY WITH WHICH THE OFFICIAL IN QUESTION SERVES 231
OR WITH WHICH THE EMPLOYEE IN QUESTION IS EMPLOYED. 232
Sec. 2903.13. (A) No person shall knowingly cause or 241
attempt to cause physical harm to another or to another's unborn. 242
(B) No person shall recklessly cause serious physical harm 244
to another or to another's unborn. 245
(C) Whoever violates this section is guilty of assault. 247
Except as otherwise provided in division (C)(1), (2), or (3), 249
(4), OR (5) of this section, assault is a misdemeanor of the 251
first degree.
(1) Except as otherwise provided in this division, if the 253
offense is committed by a caretaker against a functionally 255
impaired person under the caretaker's care, assault is a felony 256
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of the fourth degree. If the offense is committed by a caretaker 257
against a functionally impaired person under the caretaker's 258
care, if the offender previously has been convicted of or pleaded 260
guilty to a violation of this section or section 2903.11 or 261
2903.16 of the Revised Code, and if in relation to the previous 262
conviction the offender was a caretaker and the victim was a 263
functionally impaired person under the offender's care, assault 264
is a felony of the third degree. 265
(2) If the offense is committed in any of the following 267
circumstances, assault is a felony of the fifth degree: 268
(a) The offense occurs in or on the grounds of a state 270
correctional institution or an institution of the department of 271
youth services, the victim of the offense is an employee of the 272
department of rehabilitation and correction, the department of 273
youth services, or a probation department or is on the premises 274
of the particular institution for business purposes or as a 275
visitor, and the offense is committed by a person incarcerated in 276
the state correctional institution, by a person institutionalized 277
in the department of youth services institution pursuant to a 278
commitment to the department of youth services, by a probationer 280
or parolee, by an offender under transitional control, under a 282
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 285
type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local 287
correctional facility, the victim of the offense is an employee 288
of the local correctional facility or a probation department or 289
is on the premises of the facility for business purposes or as a 290
visitor, and the offense is committed by a person who is under 291
custody in the facility subsequent to the person's arrest for any 292
crime or delinquent act, subsequent to the person's being charged 294
with or convicted of any crime, or subsequent to the person's 296
being alleged to be or adjudicated a delinquent child. 297
(c) The offense occurs off the grounds of a state 299
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correctional institution and off the grounds of an institution of 300
the department of youth services, the victim of the offense is an 301
employee of the department of rehabilitation and correction, the 302
department of youth services, or a probation department, the 303
offense occurs during the employee's official work hours and 304
while the employee is engaged in official work responsibilities, 305
and the offense is committed by a person incarcerated in a state 307
correctional institution or institutionalized in the department 308
of youth services who temporarily is outside of the institution 309
for any purpose, by a probationer or parolee, by an offender 311
under transitional control, under a community control sanction, 312
or on an escorted visit, by a person under post-release control, 313
or by an offender under any other type of supervision by a 314
government agency.
(d) The offense occurs off the grounds of a local 316
correctional facility, the victim of the offense is an employee 317
of the local correctional facility or a probation department, the 318
offense occurs during the employee's official work hours and 319
while the employee is engaged in official work responsibilities, 320
and the offense is committed by a person who is under custody in 321
the facility subsequent to the person's arrest for any crime or 322
delinquent act, subsequent to the person being charged with or 323
convicted of any crime, or subsequent to the person being alleged 324
to be or adjudicated a delinquent child and who temporarily is 326
outside of the facility for any purpose or by a probationer or 327
parolee, by an offender under transitional control, under a 328
community control sanction, or on an escorted visit, by a person 329
under post-release control, or by an offender under any other 330
type of supervision by a government agency. 331
(e) The victim of the offense is a school teacher or 333
administrator or a school bus operator, and the offense occurs in 334
a school, on school premises, in a school building, on a school 336
bus, or while the victim is outside of school premises or a 337
school bus and is engaged in duties or official responsibilities 338
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associated with the victim's employment or position as a school 340
teacher or administrator or a school bus operator, including, but 341
not limited to, driving, accompanying, or chaperoning students at 342
or on class or field trips, athletic events, or other school 343
extracurricular activities or functions outside of school 344
premises.
(3) If the victim of the offense is a peace officer, a 346
firefighter, or a person performing emergency medical service, 348
while in the performance of their official duties, assault is a 349
felony of the fourth degree. 350
(4) If the victim of the offense is a peace officer and if 352
the victim suffered serious physical harm as a result of the 353
commission of the offense, assault is a felony of the fourth 354
degree, and the court, pursuant to division (F) of section 355
2929.13 of the Revised Code, shall impose as a mandatory prison 356
term one of the prison terms prescribed for a felony of the 357
fourth degree that is at least twelve months in duration.
(5) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE 359
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 360
AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S 361
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 362
RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 363
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 364
THE REVISED CODE, ASSAULT IS EITHER A FELONY OF THE FIFTH DEGREE 365
OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED 366
GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN OFFICER OR 367
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 368
PLACING AGENCY, A FELONY OF THE FOURTH DEGREE. 369
(D) As used in this section: 371
(a)(1) "Peace officer" has the same meaning as in section 373
2935.01 of the Revised Code. 374
(b)(2) "Firefighter" has the same meaning as in section 377
3937.41 of the Revised Code. 378
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(c)(3) "Emergency medical service" has the same meaning as 380
in section 4765.01 of the Revised Code. 381
(d)(4) "Local correctional facility" means a county, 383
multicounty, municipal, municipal-county, or 384
multicounty-municipal jail or workhouse, a minimum security jail 386
established under section 341.23 or 753.21 of the Revised Code, 387
or another county, multicounty, municipal, municipal-county, or 388
multicounty-municipal facility used for the custody of persons 389
arrested for any crime or delinquent act, persons charged with or 390
convicted of any crime, or persons alleged to be or adjudicated a 391
delinquent child.
(e)(5) "Employee of a local correctional facility" means a 393
person who is an employee of the political subdivision or of one 394
or more of the affiliated political subdivisions that operates 395
the local correctional facility and who operates or assists in 396
the operation of the facility. 397
(f)(6) "School teacher or administrator" means either of 399
the following: 400
(i)(a) A person who is employed in the public schools of 402
the state under a contract described in section 3319.08 of the 404
Revised Code in a position in which the person is required to 405
have a certificate issued pursuant to sections 3319.22 to 406
3319.311 of the Revised Code.
(ii)(b) A person who is employed by a nonpublic school for 408
which the state board of education prescribes minimum standards 410
under section 3301.07 of the Revised Code and who is certificated 411
in accordance with section 3301.071 of the Revised Code. 412
(g)(7) "Community control sanction" has the same meaning 414
as in section 2929.01 of the Revised Code. 416
(h)(8) "Escorted visit" means an escorted visit granted 418
under section 2967.27 of the Revised Code. 419
(i)(9) "Post-release control" and "transitional control" 421
have the same meanings as in section 2967.01 of the Revised Code. 423
Sec. 2903.21. (A) No person shall knowingly cause another 432
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to believe that the offender will cause serious physical harm to 433
the person or property of such THE other person, such THE other 434
person's unborn, or a member of the other person's immediate 435
family.
(B) Whoever violates this section is guilty of aggravated 437
menacing,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 438
AGGRAVATED MENACING IS a misdemeanor of the first degree. IF THE 439
VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC 440
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND 441
THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR 442
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES 443
DESCRIBED IN SECTION 2151.14, 2151.141, 2151.33, 2151.353, 444
2151.412, 2151.413, 2151.414, 2151.415, 2151.416, 2151.417, OR 445
2151.421 OR ANOTHER SECTION OF THE REVISED CODE, AGGRAVATED 446
MENACING IS A FELONY OF THE FIFTH DEGREE OR, IF THE OFFENDER 448
PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION 449
OF THIS SECTION INVOLVING AN OFFICER OR EMPLOYEE OF A PUBLIC 450
CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, A 451
FELONY OF THE FOURTH DEGREE.
Sec. 2903.211. (A) No person by engaging in a pattern of 460
conduct shall knowingly cause another to believe that the 461
offender will cause physical harm to the other person or cause 462
mental distress to the other person. 463
(B) Whoever violates this section is guilty of menacing by 465
stalking. 466
(1) Except as otherwise provided in division DIVISIONS 468
(B)(2) AND (3) of this section, menacing by stalking is a 469
misdemeanor of the first degree. 470
(2) Menacing by stalking is a felony of the fourth degree 472
if any of the following applies: 473
(a) The offender previously has been convicted of or 475
pleaded guilty to a violation of this section or a violation of 478
section 2911.211 of the Revised Code.
(b) In committing the offense, the offender made a threat 480
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of physical harm to or against the victim. 481
(c) In committing the offense, the offender trespassed on 483
the land or premises where the victim lives, is employed, or 484
attends school. 485
(d) The victim of the offense is a minor. 487
(e) The offender has a history of violence toward the 489
victim or any other person or a history of other violent acts 490
toward the victim or any other person. 491
(f) While committing the offense, the offender had a 493
deadly weapon on or about the offender's person or under the 494
offender's control. 495
(g) At the time of the commission of the offense, the 497
offender was the subject of a protection order issued under 498
section 2903.213 or 2903.214 of the Revised Code, regardless of 499
whether the person to be protected under the order is the victim 500
of the offense or another person. 501
(h) In committing the offense, the offender caused serious 503
physical harm to the premises at which the victim resides, to the 505
real property on which that premises is located, or to any 506
personal property located on that premises. 507
(i) The offender previously has been found to be a 509
mentally ill person subject to hospitalization by court order, as 510
defined in section 5122.01 of the Revised Code, under the 511
criteria set forth in division (B)(1) or (2) of that section, or 512
the offender previously had been voluntarily admitted under 513
section 5122.02 of the Revised Code and, as the basis for or 514
subsequent to that voluntary admission, the offender was 515
determined to represent a risk to self or others to the extent 516
described in division (B)(1) or (2) of section 5122.01 of the 517
Revised Code.
(3) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE 519
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 520
AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S 521
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 522
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RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14, 523
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 524
THE REVISED CODE, MENACING BY STALKING IS EITHER A FELONY OF THE 525
FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 526
OR PLEADED GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN 527
OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 528
PRIVATE CHILD PLACING AGENCY, A FELONY OF THE FOURTH DEGREE. 529
(C) As used in this section: 531
(1) "Pattern of conduct" means two or more actions or 533
incidents closely related in time, whether or not there has been 534
a prior conviction based on any of those actions or incidents. 535
Actions or incidents that prevent, obstruct, or delay the 536
performance by a public official, firefighter, rescuer, or 537
emergency medical services person of any authorized act within 538
the public official's, firefighter's, rescuer's, or emergency 539
medical services person's official capacity may constitute a 540
"pattern of conduct."
(2) "Mental distress" means any mental illness or 542
condition that involves some temporary substantial incapacity or 543
mental illness or condition that would normally require 544
psychiatric treatment. 545
(3) "Emergency medical services person" is the singular of 547
"emergency medical services personnel" as defined in section 548
2133.21 of the Revised Code.
(4) "Public official" has the same meaning as in section 550
2921.01 of the Revised Code. 551
Sec. 2903.22. (A) No person shall knowingly cause another 560
to believe that the offender will cause physical harm to the 561
person or property of such THE other person, such THE other 562
person's unborn, or a member of the other person's immediate 564
family.
(B) Whoever violates this section is guilty of menacing,. 566
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MENACING IS a 567
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misdemeanor of the fourth degree. IF THE VICTIM OF THE OFFENSE 568
IS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 570
A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE 571
OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF 572
OFFICIAL RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 573
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 574
THE REVISED CODE, MENACING IS A MISDEMEANOR OF THE FIRST DEGREE 576
OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED
GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN OFFICER OR 577
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 578
PLACING AGENCY, A FELONY OF THE FOURTH DEGREE. 579
Section 2. That existing sections 2151.141, 2903.13, 581
2903.21, 2903.211, and 2903.22 of the Revised Code are hereby 583
repealed.