As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                        Am. 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-WILSON-ALLEN-OGG-ROBERTS-BENDER-DISTEL-VERICH-      10           

        REDFERN-TERWILLEGER-METZGER-HARRIS-BRITTON-CORBIN          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, except by journalists in specified  23           

                circumstances.                                                  




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           

                                                          2      


                                                                 
board of education, governing body of a chartered nonpublic        46           

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           

                                                          3      


                                                                 
support of its determination.  The determination of the court      81           

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          

                                                          4      


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

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" AND "JOURNALIST" HAVE THE SAME MEANINGS AS IN SECTION      154          

149.43 OF THE REVISED CODE.                                        157          

      (B)  BOTH OF THE FOLLOWING APPLY TO THE RESIDENTIAL ADDRESS  160          

OF EACH OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY   161          

                                                          5      


                                                                 
OR A PRIVATE CHILD PLACING AGENCY WHO PERFORMS OFFICIAL                         

RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,           162          

2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,         163          

2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF    164          

THE REVISED CODE AND TO THE RESIDENTIAL ADDRESS OF PERSONS         165          

RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY:  166          

      (1)  OTHER OFFICERS AND EMPLOYEES OF A PUBLIC CHILDREN       168          

SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR  169          

LAW ENFORCEMENT AGENCY SHALL CONSIDER THOSE RESIDENTIAL ADDRESSES  170          

TO BE CONFIDENTIAL INFORMATION.  THE OFFICER OR EMPLOYEE OF THE    171          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY    172          

MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL ADDRESSES BY    174          

GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO OTHER OFFICERS                

OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD   175          

PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY.         176          

      (2)  TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE      178          

CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES     179          

AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW       181          

ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE             183          

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

PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE.            185          

      (C)   EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,    187          

IN THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION (B)(1) OF      189          

THIS SECTION, NO OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN          190          

SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR  191          

LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL ADDRESS OF   192          

AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR     193          

PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL ADDRESS OF A                   

PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR     194          

AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER DIVISION (B)(1)   195          

OF THIS SECTION TO ANY PERSON, WHEN THE DISCLOSING OFFICER OR      196          

EMPLOYEE KNOWS THAT THE PERSON IS OR MAY BE A SUBJECT OF AN        198          

INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE,  199          

OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE TO WHOM THE     200          

                                                          6      


                                                                 
RESIDENTIAL ADDRESS RELATES CURRENTLY IS OR HAS BEEN ASSOCIATED.   202          

      (D)  IF, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A   204          

JOURNALIST REQUESTS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE     205          

CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY    206          

TO DISCLOSE A RESIDENTIAL ADDRESS THAT IS CONFIDENTIAL             207          

INFORMATION UNDER DIVISION (B)(1) OF THIS SECTION, THE AGENCY OR   208          

JUVENILE COURT SHALL DISCLOSE TO THE JOURNALIST THE RESIDENTIAL    209          

ADDRESS IF ALL OF THE FOLLOWING APPLY:                             210          

      (1)  THE REQUEST IS IN WRITING, IS SIGNED BY THE             212          

JOURNALIST, INCLUDES THE JOURNALIST'S NAME AND TITLE, AND          213          

INCLUDES THE NAME AND ADDRESS OF THE JOURNALIST'S EMPLOYER.        215          

      (2)  THE REQUEST STATES THAT DISCLOSURE OF THE RESIDENTIAL   217          

ADDRESS WOULD BE IN THE PUBLIC INTEREST.                           218          

      (3)  THE REQUEST ADEQUATELY IDENTIFIES THE PERSON WHOSE      220          

RESIDENTIAL ADDRESS IS REQUESTED.                                  221          

      (4)  THE PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD      223          

PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY          224          

RECEIVING THE REQUEST IS ONE OF THE FOLLOWING:                     225          

      (a)  THE AGENCY OR JUVENILE COURT WITH WHICH THE OFFICIAL    227          

IN QUESTION SERVES OR WITH WHICH THE EMPLOYEE IN QUESTION IS       228          

EMPLOYED;                                                          229          

      (b)  THE AGENCY OR JUVENILE COURT THAT HAS CUSTODY OF THE    231          

RECORDS OF THE AGENCY WITH WHICH THE OFFICIAL IN QUESTION SERVES   232          

OR WITH WHICH THE EMPLOYEE IN QUESTION IS EMPLOYED.                233          

      Sec. 2903.13.  (A)  No person shall knowingly cause or       242          

attempt to cause physical harm to another or to another's unborn.  243          

      (B)  No person shall recklessly cause serious physical harm  245          

to another or to another's unborn.                                 246          

      (C)  Whoever violates this section is guilty of assault.     248          

Except as otherwise provided in division (C)(1), (2), or (3),      250          

(4), OR (5) of this section, assault is a misdemeanor of the       252          

first degree.                                                                   

      (1)  Except as otherwise provided in this division, if the   254          

offense is committed by a caretaker against a functionally         256          

                                                          7      


                                                                 
impaired person under the caretaker's care, assault is a felony    257          

of the fourth degree.  If the offense is committed by a caretaker  258          

against a functionally impaired person under the caretaker's       259          

care, if the offender previously has been convicted of or pleaded  261          

guilty to a violation of this section or section 2903.11 or        262          

2903.16 of the Revised Code, and if in relation to the previous    263          

conviction the offender was a caretaker and the victim was a       264          

functionally impaired person under the offender's care, assault    265          

is a felony of the third degree.                                   266          

      (2)  If the offense is committed in any of the following     268          

circumstances, assault is a felony of the fifth degree:            269          

      (a)  The offense occurs in or on the grounds of a state      271          

correctional institution or an institution of the department of    272          

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

department of rehabilitation and correction, the department of     274          

youth services, or a probation department or is on the premises    275          

of the particular institution for business purposes or as a        276          

visitor, and the offense is committed by a person incarcerated in  277          

the state correctional institution, by a person institutionalized  278          

in the department of youth services institution pursuant to a      279          

commitment to the department of youth services, by a probationer   281          

or parolee, by an offender under transitional control, under a     283          

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

under post-release control, or by an offender under any other      286          

type of supervision by a government agency.                                     

      (b)  The offense occurs in or on 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 or    290          

is on the premises of the facility for business purposes or as a   291          

visitor, and the offense is committed by a person who is under     292          

custody in the facility subsequent to the person's arrest for any  293          

crime or delinquent act, subsequent to the person's being charged  295          

with or convicted of any crime, or subsequent to the person's      297          

being alleged to be or adjudicated a delinquent child.             298          

                                                          8      


                                                                 
      (c)  The offense occurs off the grounds of a state           300          

correctional institution and off the grounds of an institution of  301          

the department of youth services, the victim of the offense is an  302          

employee of the department of rehabilitation and correction, the   303          

department of youth services, or a probation department, the       304          

offense occurs during the employee's official work hours and       305          

while the employee is engaged in official work responsibilities,   306          

and the offense is committed by a person incarcerated in a state   308          

correctional institution or institutionalized in the department    309          

of youth services who temporarily is outside of the institution    310          

for any purpose, by a probationer or parolee, by an offender       312          

under transitional control, under a community control sanction,    313          

or on an escorted visit, by a person under post-release control,   314          

or by an offender under any other type of supervision by a         315          

government agency.                                                              

      (d)  The offense occurs off the grounds of a local           317          

correctional facility, the victim of the offense is an employee    318          

of the local correctional facility or a probation department, the  319          

offense occurs during the employee's official work hours and       320          

while the employee is engaged in official work responsibilities,   321          

and the offense is committed by a person who is under custody in   322          

the facility subsequent to the person's arrest for any crime or    323          

delinquent act, subsequent to the person being charged with or     324          

convicted of any crime, or subsequent to the person being alleged  325          

to be or adjudicated a delinquent child and who temporarily is     327          

outside of the facility for any purpose or by a probationer or     328          

parolee, by an offender under transitional control, under a        329          

community control sanction, or on an escorted visit, by a person   330          

under post-release control, or by an offender under any other      331          

type of supervision by a government agency.                        332          

      (e)  The victim of the offense is a school teacher or        334          

administrator or a school bus operator, and the offense occurs in  335          

a school, on school premises, in a school building, on a school    337          

bus, or while the victim is outside of school premises or a        338          

                                                          9      


                                                                 
school bus and is engaged in duties or official responsibilities   339          

associated with the victim's employment or position as a school    341          

teacher or administrator or a school bus operator, including, but  342          

not limited to, driving, accompanying, or chaperoning students at  343          

or on class or field trips, athletic events, or other school       344          

extracurricular activities or functions outside of school          345          

premises.                                                                       

      (3)  If the victim of the offense is a peace officer, a      347          

firefighter, or a person performing emergency medical service,     349          

while in the performance of their official duties, assault is a    350          

felony of the fourth degree.                                       351          

      (4)  If the victim of the offense is a peace officer and if  353          

the victim suffered serious physical harm as a result of the       354          

commission of the offense, assault is a felony of the fourth       355          

degree, and the court, pursuant to division (F) of section         356          

2929.13 of the Revised Code, shall impose as a mandatory prison    357          

term one of the prison terms prescribed for a felony of the        358          

fourth degree that is at least twelve months in duration.                       

      (5)  IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE  360          

OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING    361          

AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S      362          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 363          

RESPONSIBILITIES OR DUTIES, ASSAULT IS EITHER A FELONY OF THE                   

FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF  365          

OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT    366          

PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN      367          

SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR    368          

OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR                   

ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A  369          

FELONY OF THE FOURTH DEGREE.                                       370          

      (D)  As used in this section:                                372          

      (a)(1)  "Peace officer" has the same meaning as in section   374          

2935.01 of the Revised Code.                                       375          

      (b)(2)  "Firefighter" has the same meaning as in section     378          

                                                          10     


                                                                 
3937.41 of the Revised Code.                                       379          

      (c)(3)  "Emergency medical service" has the same meaning as  381          

in section 4765.01 of the Revised Code.                            382          

      (d)(4)  "Local correctional facility" means a county,        384          

multicounty, municipal, municipal-county, or                       385          

multicounty-municipal jail or workhouse, a minimum security jail   387          

established under section 341.23 or 753.21 of the Revised Code,    388          

or another county, multicounty, municipal, municipal-county, or    389          

multicounty-municipal facility used for the custody of persons     390          

arrested for any crime or delinquent act, persons charged with or  391          

convicted of any crime, or persons alleged to be or adjudicated a  392          

delinquent child.                                                               

      (e)(5)  "Employee of a local correctional facility" means a  394          

person who is an employee of the political subdivision or of one   395          

or more of the affiliated political subdivisions that operates     396          

the local correctional facility and who operates or assists in     397          

the operation of the facility.                                     398          

      (f)(6)  "School teacher or administrator" means either of    400          

the following:                                                     401          

      (i)(a)  A person who is employed in the public schools of    403          

the state under a contract described in section 3319.08 of the     405          

Revised Code in a position in which the person is required to      406          

have a certificate issued pursuant to sections 3319.22 to          407          

3319.311 of the Revised Code.                                                   

      (ii)(b)  A person who is employed by a nonpublic school for  409          

which the state board of education prescribes minimum standards    411          

under section 3301.07 of the Revised Code and who is certificated  412          

in accordance with section 3301.071 of the Revised Code.           413          

      (g)(7)  "Community control sanction" has the same meaning    415          

as in section 2929.01 of the Revised Code.                         417          

      (h)(8)  "Escorted visit" means an escorted visit granted     419          

under section 2967.27 of the Revised Code.                         420          

      (i)(9)  "Post-release control" and "transitional control"    422          

have the same meanings as in section 2967.01 of the Revised Code.  424          

                                                          11     


                                                                 
      Sec. 2903.21.  (A)  No person shall knowingly cause another  433          

to believe that the offender will cause serious physical harm to   434          

the person or property of such THE other person, such THE other    435          

person's unborn, or a member of the other person's immediate       436          

family.                                                                         

      (B)  Whoever violates this section is guilty of aggravated   438          

menacing,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,         439          

AGGRAVATED MENACING IS a misdemeanor of the first degree.  IF THE  440          

VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC        441          

CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND     442          

THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR  443          

ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES,    444          

AGGRAVATED MENACING IS A FELONY OF THE FIFTH DEGREE OR, IF THE     446          

OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN  447          

OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN                    

OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR        448          

PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR OFFENSE RELATED TO    449          

THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED             450          

PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF                 

THE FOURTH DEGREE.                                                 451          

      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.                                           

                                                          12     


                                                                 
      (b)  In committing the offense, the offender made a threat   480          

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)  Prior to committing the offense, the offender has been  509          

determined to represent a substantial risk of physical harm to     511          

others as manifested by evidence of then-recent homicidal or       512          

other violent behavior, evidence of then-recent threats that       513          

placed another in reasonable fear of violent behavior and serious               

physical harm, or other evidence of then-present dangerousness.    514          

      (3)  IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE  516          

OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING    517          

AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S      518          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 519          

RESPONSIBILITIES OR DUTIES, MENACING BY STALKING IS EITHER A       520          

FELONY OF THE FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS      521          

BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE,     522          

                                                          13     


                                                                 
THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A   523          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,                

AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S      524          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 525          

RESPONSIBILITIES OR DUTIES, A FELONY OF THE FOURTH DEGREE.         526          

      (C)  Section 2919.271 of the Revised Code applies in         528          

relation to a defendant charged with a violation of this section.  529          

      (D)  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          

misdemeanor of the fourth degree.  IF THE VICTIM OF THE OFFENSE    568          

                                                          14     


                                                                 
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, MENACING IS A MISDEMEANOR OF               

THE FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN           573          

CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE      574          

VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A       575          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,                

AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S      576          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 577          

RESPONSIBILITIES OR DUTIES, A FELONY OF THE FOURTH DEGREE.         578          

      Section 2.  That existing sections 2151.141, 2903.13,        580          

2903.21, 2903.211, and 2903.22 of the Revised Code are hereby      582          

repealed.