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
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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
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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
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(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
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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
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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
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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
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(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
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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
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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.
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(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
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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
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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.