As Reported by the Senate Judiciary 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-WILSON-ALLEN-OGG-ROBERTS-BENDER-DISTEL-VERICH-      10           

       REDFERN-TERWILLEGER-METZGER-HARRIS-BRITTON-CORBIN-          12           

                        SENATOR FINGERHUT                                       


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 2151.141, 2903.13, 2903.21,         16           

                2903.211, 2903.22, and 5153.163 and to enact       17           

                section 2151.142 of the Revised Code to increase   18           

                the penalties for assaulting or menacing           19           

                personnel of public children services agencies                  

                and private child placing agencies, to declare     21           

                the residential addresses of those personnel to                 

                be confidential information that is not subject    23           

                to disclosure by specified persons or obtainable                

                as a part of a public record, except by            25           

                journalists in specified circumstances, and to     26           

                permit a public children services agency to use    27           

                state funds for an adopted child's residential     28           

                treatment if that child's handicap or condition    29           

                requires expenses beyond the adoptive parent's     30           

                economic resources.                                             




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 2151.141, 2903.13, 2903.21,        34           

2903.211, 2903.22, and 5153.163 be amended and section 2151.142    36           

of the Revised Code be enacted to read as follows:                              

      Sec. 2151.141.  (A)  If a complaint filed with respect to a  45           

child pursuant to section 2151.27 of the Revised Code alleges      46           

                                                          2      


                                                                 
that a child is an abused, neglected, or dependent child, any      47           

individual or entity that is listed in divisions (D)(1)(a) to (k)  48           

of section 2151.14 of the Revised Code and that is investigating   49           

whether the child is an abused, neglected, or dependent child,     50           

has custody of the child, is preparing a social history for the    51           

child, or is providing any services for the child may request any  52           

board of education, governing body of a chartered nonpublic        53           

school, public children services agency, private child placing     54           

agency, probation department, law enforcement agency, or           55           

prosecuting attorney that has any records related to the child to  56           

provide the individual or entity with a copy of the records.  The  57           

request shall be in writing, describe the type of records          58           

requested, explain the need for the records, be accompanied by a   59           

copy of the complaint, and describe the relationship of the        60           

requesting individual or entity to the child.  The individual or   61           

entity shall provide a copy of the request to the child in         62           

question, the attorney or guardian ad litem of the child, and the  63           

parent, guardian, or custodian of the child.                       64           

      (B)(1)  Any board of education, governing body of a          66           

chartered nonpublic school, public children services agency,       67           

private child placing agency, probation department, law            68           

enforcement agency, or prosecuting attorney that has any records   69           

related to a child who is the subject of a complaint as described  70           

in division (A) of this section and that receives a request for a  71           

copy of the records pursuant to division (A) of this section       72           

shall comply with the request, unless the individual or entity     73           

determines that it is unable to do so because it is prohibited by  74           

law from complying with the request, the request does not comply   75           

with division (A) of this section, or a complaint as described in  76           

division (A) of this section has not been filed with respect to    77           

the child who is the subject of the requested records.  If the     78           

individual or entity determines that it is unable to comply with   79           

the request, it shall file a motion with the court in which the    80           

complaint as described in division (A) of this section was filed   81           

                                                          3      


                                                                 
or was alleged to have been filed requesting the court to          82           

determine the extent to which it is required to comply with the    83           

request for records.  Upon the filing of the motion, the court     84           

immediately shall hold a hearing on the motion, determine the      85           

extent to which the movant is required to comply with the request  86           

for records, and issue findings of fact and conclusions of law in  87           

support of its determination.  The determination of the court      88           

shall be final.  If the court determines that the movant is        89           

required to comply with the request for records, it shall          90           

identify the specific records that must be supplied to the         91           

individual or entity that requested them.                          92           

      (2)  In addition to or in lieu of the motion described in    94           

division (B)(1) of this section, a law enforcement agency or       95           

prosecuting attorney that receives a request for a copy of         96           

records pursuant to division (A) of this section may file a        97           

motion for a protective order as described in this division with   98           

the court in which the complaint as described in division (A) of   99           

this section was filed or alleged to have been filed.  Upon the    100          

filing of such a motion OF THAT NATURE, the court shall conduct a  102          

hearing on the motion.  If at the hearing the law enforcement      103          

agency or prosecuting attorney demonstrates that any of the        104          

following applies and if, after considering the purposes for       105          

which the records were requested pursuant to division (A) of this  106          

section, the best interest of the child, and any demonstrated      107          

need to prevent specific information in the records from being     108          

disclosed, the court determines that the issuance of a protective  109          

order is necessary, then the court shall issue a protective order  110          

that appropriately limits the disclosure of one or more specified  111          

records or specified information in one or more specified          112          

records:                                                           113          

      (a)  The records or information in the records relate to a   115          

case in which the child is alleged to be a delinquent child or a   116          

case in which a child is bound over for trial as an adult          117          

pursuant to section 2151.26 of the Revised Code and Juvenile Rule  118          

                                                          4      


                                                                 
30, and the adjudication hearing in the case, the trial in the     119          

case, or other disposition of the case has not been concluded.     120          

      (b)  The records in question, or the records containing the  122          

information in question, are confidential law enforcement          123          

investigatory records, as defined in section 149.43 of the         124          

Revised Code.                                                      125          

      (c)  The records or information in the records relate to a   127          

case in which the child is or was alleged to be a delinquent       128          

child or to a case in which a child is or was bound over for       129          

trial as an adult pursuant to section 2151.26 of the Revised Code  130          

and Juvenile Rule 30; another case is pending against any child    131          

or any adult in which the child is alleged to be a delinquent      132          

child, the child is so bound over for trial as an adult, or the    133          

adult is alleged to be a criminal offender; the allegations in     134          

the case to which the records or information relate and the        135          

allegations in the other case are based on the same act or         136          

transaction, are based on two or more connected transactions or    137          

constitute parts of a common scheme or plan, or are part of a      138          

course of criminal conduct; and the adjudication hearing in,       139          

trial in, or other disposition of the other case has not been      140          

concluded.                                                         141          

      (C)  If an individual or entity is required to provide       143          

copies of records pursuant to this section, the individual or      144          

entity may charge a fee for the copies that does not exceed the    145          

cost of supplying them.                                            146          

      (D)  This section shall not be construed to require,         148          

authorize, or permit, and does not require, authorize, or permit,  149          

the dissemination of any records or any information contained in   150          

any records if the dissemination of the records or information     151          

generally is prohibited by any provision SECTION 2151.142 OR       152          

ANOTHER SECTION of the Revised Code and a WAIVER AS DESCRIBED IN   154          

DIVISION (B)(1) OF SECTION 2151.142 OF THE REVISED CODE OR A       155          

specific provision of the Revised Code does not specifically                    

authorize or permit the dissemination of the records or            156          

                                                          5      


                                                                 
information pursuant to this section.                              157          

      Sec. 2151.142.  (A)  AS USED IN THIS SECTION, "PUBLIC        160          

RECORD" AND "JOURNALIST" HAVE THE SAME MEANINGS AS IN SECTION      161          

149.43 OF THE REVISED CODE.                                        164          

      (B)  BOTH OF THE FOLLOWING APPLY TO THE RESIDENTIAL ADDRESS  167          

OF EACH OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY   168          

OR A PRIVATE CHILD PLACING AGENCY WHO PERFORMS OFFICIAL                         

RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,           169          

2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414,         170          

2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF    171          

THE REVISED CODE AND TO THE RESIDENTIAL ADDRESS OF PERSONS         172          

RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY:  173          

      (1)  OTHER OFFICERS AND EMPLOYEES OF A PUBLIC CHILDREN       175          

SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR  176          

LAW ENFORCEMENT AGENCY SHALL CONSIDER THOSE RESIDENTIAL ADDRESSES  177          

TO BE CONFIDENTIAL INFORMATION.  THE OFFICER OR EMPLOYEE OF THE    178          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY    179          

MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL ADDRESSES BY    181          

GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO OTHER OFFICERS                

OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD   182          

PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY.         183          

      (2)  TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE      185          

CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES     186          

AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW       188          

ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE             190          

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

PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE.            192          

      (C)   EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,    194          

IN THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION (B)(1) OF      196          

THIS SECTION, NO OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN          197          

SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR  198          

LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL ADDRESS OF   199          

AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR     200          

PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL ADDRESS OF A                   

                                                          6      


                                                                 
PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR     201          

AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER DIVISION (B)(1)   202          

OF THIS SECTION TO ANY PERSON, WHEN THE DISCLOSING OFFICER OR      203          

EMPLOYEE KNOWS THAT THE PERSON IS OR MAY BE A SUBJECT OF AN        205          

INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE,  206          

OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE TO WHOM THE     207          

RESIDENTIAL ADDRESS RELATES CURRENTLY IS OR HAS BEEN ASSOCIATED.   209          

      (D)  IF, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A   211          

JOURNALIST REQUESTS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE     212          

CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY    213          

TO DISCLOSE A RESIDENTIAL ADDRESS THAT IS CONFIDENTIAL             214          

INFORMATION UNDER DIVISION (B)(1) OF THIS SECTION, THE AGENCY OR   215          

JUVENILE COURT SHALL DISCLOSE TO THE JOURNALIST THE RESIDENTIAL    216          

ADDRESS IF ALL OF THE FOLLOWING APPLY:                             217          

      (1)  THE REQUEST IS IN WRITING, IS SIGNED BY THE             219          

JOURNALIST, INCLUDES THE JOURNALIST'S NAME AND TITLE, AND          220          

INCLUDES THE NAME AND ADDRESS OF THE JOURNALIST'S EMPLOYER.        222          

      (2)  THE REQUEST STATES THAT DISCLOSURE OF THE RESIDENTIAL   224          

ADDRESS WOULD BE IN THE PUBLIC INTEREST.                           225          

      (3)  THE REQUEST ADEQUATELY IDENTIFIES THE PERSON WHOSE      227          

RESIDENTIAL ADDRESS IS REQUESTED.                                  228          

      (4)  THE PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD      230          

PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY          231          

RECEIVING THE REQUEST IS ONE OF THE FOLLOWING:                     232          

      (a)  THE AGENCY OR JUVENILE COURT WITH WHICH THE OFFICIAL    234          

IN QUESTION SERVES OR WITH WHICH THE EMPLOYEE IN QUESTION IS       235          

EMPLOYED;                                                          236          

      (b)  THE AGENCY OR JUVENILE COURT THAT HAS CUSTODY OF THE    238          

RECORDS OF THE AGENCY WITH WHICH THE OFFICIAL IN QUESTION SERVES   239          

OR WITH WHICH THE EMPLOYEE IN QUESTION IS EMPLOYED.                240          

      Sec. 2903.13.  (A)  No person shall knowingly cause or       249          

attempt to cause physical harm to another or to another's unborn.  250          

      (B)  No person shall recklessly cause serious physical harm  252          

to another or to another's unborn.                                 253          

                                                          7      


                                                                 
      (C)  Whoever violates this section is guilty of assault.     255          

Except as otherwise provided in division (C)(1), (2), or (3),      257          

(4), OR (5) of this section, assault is a misdemeanor of the       259          

first degree.                                                                   

      (1)  Except as otherwise provided in this division, if the   261          

offense is committed by a caretaker against a functionally         263          

impaired person under the caretaker's care, assault is a felony    264          

of the fourth degree.  If the offense is committed by a caretaker  265          

against a functionally impaired person under the caretaker's       266          

care, if the offender previously has been convicted of or pleaded  268          

guilty to a violation of this section or section 2903.11 or        269          

2903.16 of the Revised Code, and if in relation to the previous    270          

conviction the offender was a caretaker and the victim was a       271          

functionally impaired person under the offender's care, assault    272          

is a felony of the third degree.                                   273          

      (2)  If the offense is committed in any of the following     275          

circumstances, assault is a felony of the fifth degree:            276          

      (a)  The offense occurs in or on the grounds of a state      278          

correctional institution or an institution of the department of    279          

youth services, the victim of the offense is an employee of the    280          

department of rehabilitation and correction, the department of     281          

youth services, or a probation department or is on the premises    282          

of the particular institution for business purposes or as a        283          

visitor, and the offense is committed by a person incarcerated in  284          

the state correctional institution, by a person institutionalized  285          

in the department of youth services institution pursuant to a      286          

commitment to the department of youth services, by a probationer   288          

or parolee, by an offender under transitional control, under a     290          

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

under post-release control, or by an offender under any other      293          

type of supervision by a government agency.                                     

      (b)  The offense occurs in or on the grounds of a local      295          

correctional facility, the victim of the offense is an employee    296          

of the local correctional facility or a probation department or    297          

                                                          8      


                                                                 
is on the premises of the facility for business purposes or as a   298          

visitor, and the offense is committed by a person who is under     299          

custody in the facility subsequent to the person's arrest for any  300          

crime or delinquent act, subsequent to the person's being charged  302          

with or convicted of any crime, or subsequent to the person's      304          

being alleged to be or adjudicated a delinquent child.             305          

      (c)  The offense occurs off the grounds of a state           307          

correctional institution and off the grounds of an institution of  308          

the department of youth services, the victim of the offense is an  309          

employee of the department of rehabilitation and correction, the   310          

department of youth services, or a probation department, the       311          

offense occurs during the employee's official work hours and       312          

while the employee is engaged in official work responsibilities,   313          

and the offense is committed by a person incarcerated in a state   315          

correctional institution or institutionalized in the department    316          

of youth services who temporarily is outside of the institution    317          

for any purpose, by a probationer or parolee, by an offender       319          

under transitional control, under a community control sanction,    320          

or on an escorted visit, by a person under post-release control,   321          

or by an offender under any other type of supervision by a         322          

government agency.                                                              

      (d)  The offense occurs off the grounds of a local           324          

correctional facility, the victim of the offense is an employee    325          

of the local correctional facility or a probation department, the  326          

offense occurs during the employee's official work hours and       327          

while the employee is engaged in official work responsibilities,   328          

and the offense is committed by a person who is under custody in   329          

the facility subsequent to the person's arrest for any crime or    330          

delinquent act, subsequent to the person being charged with or     331          

convicted of any crime, or subsequent to the person being alleged  332          

to be or adjudicated a delinquent child and who temporarily is     334          

outside of the facility for any purpose or by a probationer or     335          

parolee, by an offender under transitional control, under a        336          

community control sanction, or on an escorted visit, by a person   337          

                                                          9      


                                                                 
under post-release control, or by an offender under any other      338          

type of supervision by a government agency.                        339          

      (e)  The victim of the offense is a school teacher or        341          

administrator or a school bus operator, and the offense occurs in  342          

a school, on school premises, in a school building, on a school    344          

bus, or while the victim is outside of school premises or a        345          

school bus and is engaged in duties or official responsibilities   346          

associated with the victim's employment or position as a school    348          

teacher or administrator or a school bus operator, including, but  349          

not limited to, driving, accompanying, or chaperoning students at  350          

or on class or field trips, athletic events, or other school       351          

extracurricular activities or functions outside of school          352          

premises.                                                                       

      (3)  If the victim of the offense is a peace officer, a      354          

firefighter, or a person performing emergency medical service,     356          

while in the performance of their official duties, assault is a    357          

felony of the fourth degree.                                       358          

      (4)  If the victim of the offense is a peace officer and if  360          

the victim suffered serious physical harm as a result of the       361          

commission of the offense, assault is a felony of the fourth       362          

degree, and the court, pursuant to division (F) of section         363          

2929.13 of the Revised Code, shall impose as a mandatory prison    364          

term one of the prison terms prescribed for a felony of the        365          

fourth degree that is at least twelve months in duration.                       

      (5)  IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE  367          

OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING    368          

AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S      369          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 370          

RESPONSIBILITIES OR DUTIES, ASSAULT IS EITHER A FELONY OF THE                   

FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF  372          

OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT    373          

PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN      374          

SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR    375          

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

                                                          10     


                                                                 
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A  376          

FELONY OF THE FOURTH DEGREE.                                       377          

      (D)  As used in this section:                                379          

      (a)(1)  "Peace officer" has the same meaning as in section   381          

2935.01 of the Revised Code.                                       382          

      (b)(2)  "Firefighter" has the same meaning as in section     385          

3937.41 of the Revised Code.                                       386          

      (c)(3)  "Emergency medical service" has the same meaning as  388          

in section 4765.01 of the Revised Code.                            389          

      (d)(4)  "Local correctional facility" means a county,        391          

multicounty, municipal, municipal-county, or                       392          

multicounty-municipal jail or workhouse, a minimum security jail   394          

established under section 341.23 or 753.21 of the Revised Code,    395          

or another county, multicounty, municipal, municipal-county, or    396          

multicounty-municipal facility used for the custody of persons     397          

arrested for any crime or delinquent act, persons charged with or  398          

convicted of any crime, or persons alleged to be or adjudicated a  399          

delinquent child.                                                               

      (e)(5)  "Employee of a local correctional facility" means a  401          

person who is an employee of the political subdivision or of one   402          

or more of the affiliated political subdivisions that operates     403          

the local correctional facility and who operates or assists in     404          

the operation of the facility.                                     405          

      (f)(6)  "School teacher or administrator" means either of    407          

the following:                                                     408          

      (i)(a)  A person who is employed in the public schools of    410          

the state under a contract described in section 3319.08 of the     412          

Revised Code in a position in which the person is required to      413          

have a certificate issued pursuant to sections 3319.22 to          414          

3319.311 of the Revised Code.                                                   

      (ii)(b)  A person who is employed by a nonpublic school for  416          

which the state board of education prescribes minimum standards    418          

under section 3301.07 of the Revised Code and who is certificated  419          

in accordance with section 3301.071 of the Revised Code.           420          

                                                          11     


                                                                 
      (g)(7)  "Community control sanction" has the same meaning    422          

as in section 2929.01 of the Revised Code.                         424          

      (h)(8)  "Escorted visit" means an escorted visit granted     426          

under section 2967.27 of the Revised Code.                         427          

      (i)(9)  "Post-release control" and "transitional control"    429          

have the same meanings as in section 2967.01 of the Revised Code.  431          

      Sec. 2903.21.  (A)  No person shall knowingly cause another  440          

to believe that the offender will cause serious physical harm to   441          

the person or property of such THE other person, such THE other    442          

person's unborn, or a member of the other person's immediate       443          

family.                                                                         

      (B)  Whoever violates this section is guilty of aggravated   445          

menacing,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,         446          

AGGRAVATED MENACING IS a misdemeanor of the first degree.  IF THE  447          

VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC        448          

CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND     449          

THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR  450          

ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES,    451          

AGGRAVATED MENACING IS A FELONY OF THE FIFTH DEGREE OR, IF THE     453          

OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN  454          

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

OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR        455          

PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR OFFENSE RELATED TO    456          

THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED             457          

PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF                 

THE FOURTH DEGREE.                                                 458          

      Sec. 2903.211.  (A)  No person by engaging in a pattern of   467          

conduct shall knowingly cause another to believe that the          468          

offender will cause physical harm to the other person or cause     469          

mental distress to the other person.                               470          

      (B)  Whoever violates this section is guilty of menacing by  472          

stalking.                                                          473          

      (1)  Except as otherwise provided in division DIVISIONS      475          

(B)(2) AND (3) of this section, menacing by stalking is a          476          

                                                          12     


                                                                 
misdemeanor of the first degree.                                   477          

      (2)  Menacing by stalking is a felony of the fourth degree   479          

if any of the following applies:                                   480          

      (a)  The offender previously has been convicted of or        482          

pleaded guilty to a violation of this section or a violation of    485          

section 2911.211 of the Revised Code.                                           

      (b)  In committing the offense, the offender made a threat   487          

of physical harm to or against the victim.                         488          

      (c)  In committing the offense, the offender trespassed on   490          

the land or premises where the victim lives, is employed, or       491          

attends school.                                                    492          

      (d)  The victim of the offense is a minor.                   494          

      (e)  The offender has a history of violence toward the       496          

victim or any other person or a history of other violent acts      497          

toward the victim or any other person.                             498          

      (f)  While committing the offense, the offender had a        500          

deadly weapon on or about the offender's person or under the       501          

offender's control.                                                502          

      (g)  At the time of the commission of the offense, the       504          

offender was the subject of a protection order issued under        505          

section 2903.213 or 2903.214 of the Revised Code, regardless of    506          

whether the person to be protected under the order is the victim   507          

of the offense or another person.                                  508          

      (h)  In committing the offense, the offender caused serious  510          

physical harm to the premises at which the victim resides, to the  512          

real property on which that premises is located, or to any         513          

personal property located on that premises.                        514          

      (i)  Prior to committing the offense, the offender had been  516          

determined to represent a substantial risk of physical harm to     518          

others as manifested by evidence of then-recent homicidal or       519          

other violent behavior, evidence of then-recent threats that       520          

placed another in reasonable fear of violent behavior and serious               

physical harm, or other evidence of then-present dangerousness.    521          

      (3)  IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE  523          

                                                          13     


                                                                 
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING    524          

AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S      525          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 526          

RESPONSIBILITIES OR DUTIES, MENACING BY STALKING IS EITHER A       527          

FELONY OF THE FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS      528          

BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE,     529          

THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A   530          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,                

AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S      531          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 532          

RESPONSIBILITIES OR DUTIES, A FELONY OF THE FOURTH DEGREE.         533          

      (C)  Section 2919.271 of the Revised Code applies in         535          

relation to a defendant charged with a violation of this section.  536          

      (D)  As used in this section:                                538          

      (1)  "Pattern of conduct" means two or more actions or       540          

incidents closely related in time, whether or not there has been   541          

a prior conviction based on any of those actions or incidents.     542          

Actions or incidents that prevent, obstruct, or delay the          543          

performance by a public official, firefighter, rescuer, or         544          

emergency medical services person of any authorized act within     545          

the public official's, firefighter's, rescuer's, or emergency      546          

medical services person's official capacity may constitute a       547          

"pattern of conduct."                                                           

      (2)  "Mental distress" means any mental illness or           549          

condition that involves some temporary substantial incapacity or   550          

mental illness or condition that would normally require            551          

psychiatric treatment.                                             552          

      (3)  "Emergency medical services person" is the singular of  554          

"emergency medical services personnel" as defined in section       555          

2133.21 of the Revised Code.                                                    

      (4)  "Public official" has the same meaning as in section    557          

2921.01 of the Revised Code.                                       558          

      Sec. 2903.22.  (A)  No person shall knowingly cause another  567          

to believe that the offender will cause physical harm to the       568          

                                                          14     


                                                                 
person or property of such THE other person, such THE other        569          

person's unborn, or a member of the other person's immediate       571          

family.                                                                         

      (B)  Whoever violates this section is guilty of menacing,.   573          

EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MENACING IS a       574          

misdemeanor of the fourth degree.  IF THE VICTIM OF THE OFFENSE    575          

IS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR  577          

A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE      578          

OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF  579          

OFFICIAL RESPONSIBILITIES OR DUTIES, MENACING IS A MISDEMEANOR OF               

THE FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN           580          

CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE      581          

VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A       582          

PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,                

AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S      583          

PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL                 584          

RESPONSIBILITIES OR DUTIES, A FELONY OF THE FOURTH DEGREE.         585          

      Sec. 5153.163.  (A)  As used in this section, "adoptive      594          

parent" means, as the context requires, a prospective adoptive     596          

parent or an adoptive parent.                                                   

      (B)(1)  If a public children services agency considers a     600          

child with special needs residing in the county served by the                   

agency to be in need of public care or protective services and     601          

all of the following apply, the agency shall enter into an         602          

agreement with the child's adoptive parent before the child is     603          

adopted under which the agency shall make payments as needed on    604          

behalf of the child:                                               605          

      (a)  The adoptive parent has the capability of providing     607          

the permanent family relationships needed by the child in all      608          

areas except financial need as determined by the agency;           609          

      (b)  The needs of the child are beyond the economic          611          

resources of the adoptive parent as determined by the agency;      613          

      (c)  The agency determines the acceptance of the child as a  616          

member of the adoptive parent's family would not be in the         617          

                                                          15     


                                                                 
child's best interest without payments on the child's behalf       618          

under this section.                                                             

      (2)  Payments to an adoptive parent under division (B) of    620          

this section shall include medical, surgical, psychiatric,         621          

psychological, and counseling expenses, and may include            622          

maintenance costs if necessary and other costs incidental to the   623          

care of the child.  No payment of maintenance costs shall be made  624          

under division (B) of this section on behalf of a child if either  626          

of the following apply:                                                         

      (a)  The gross income of the adoptive parent's family        628          

exceeds one hundred twenty per cent of the median income of a      629          

family of the same size, including the child, as most recently     630          

determined for this state by the secretary of health and human     631          

services under Title XX of the "Social Security Act," 88 Stat.     632          

2337, 42 U.S.C.A. 1397, as amended;                                633          

      (b)  The child is eligible for adoption assistance payments  636          

for maintenance costs under Title IV-E of the "Social Security     637          

Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended.            638          

      Payments under division (B) of this section may begin        640          

either before or after issuance of the final adoption decree,      641          

except that payments made before issuance of the final adoption    642          

decree may be made only while the child is living in the adoptive  643          

parent's home.  Preadoption payments may be made for not more      644          

than twelve months, unless the final adoption decree is not        645          

issued within that time because of a delay in court proceedings.   646          

Payments that begin before issuance of the final adoption decree   647          

may continue after its issuance.                                                

      (C)  If a public children services agency considers a child  650          

residing in the county served by the agency to be in need of       651          

public care or protective services and both of the following       652          

apply, the agency may, and to the extent state funds are           653          

appropriated for this purpose shall, enter into an agreement with  654          

the child's adoptive parent after the child is adopted under       656          

which the agency shall make payments on behalf of the child as                  

                                                          16     


                                                                 
needed:                                                            657          

      (1)  The child has a physical or developmental handicap or   659          

mental or emotional condition that either:                         660          

      (a)  Existed before the adoption petition was filed;         662          

      (b)  Developed after the adoption petition was filed and     665          

can be attributed to factors in the child's preadoption                         

background, medical history, or biological family's background or  666          

medical history.                                                   667          

      (2)  The agency determines the expenses necessitated by the  669          

child's handicap or condition are beyond the adoptive parent's     670          

economic resources.                                                671          

      Payments to an adoptive parent under this division shall     673          

include medical, surgical, psychiatric, psychological, and         674          

counseling expenses, but shall not include maintenance costs       675          

INCLUDING RESIDENTIAL TREATMENT.                                   676          

      (D)  No payment shall be made under division (B) or (C) of   678          

this section on behalf of any person twenty-one years of age or    679          

older.  Payments under those divisions shall be made in            680          

accordance with the terms of the agreement between the public      681          

children services agency and the adoptive parent, subject to an    682          

annual redetermination of need.  The agency may use sources of     684          

funding in addition to any state funds appropriated for the        685          

purposes of those divisions.                                                    

      The director of job and family services shall adopt rules    689          

in accordance with Chapter 119. of the Revised Code that are       690          

needed to implement this section.  The rules shall establish all                

of the following:                                                  691          

      (1)  The application process for payments under this         693          

section;                                                                        

      (2)  The method to determine the amounts and kinds of        695          

assistance payable under this section;                             696          

      (3)  The definition of "child with special needs" for this   698          

section.                                                                        

      The rules shall allow for payments for children placed by    700          

                                                          17     


                                                                 
nonpublic agencies.                                                701          

      (E)  No public children services agency shall, pursuant to   703          

either section 2151.353 or 5103.15 of the Revised Code, place or   704          

maintain a child with special needs who is in the permanent        705          

custody of an institution or association certified by the          707          

department of job and family services under section 5103.03 of                  

the Revised Code in a setting other than with a person seeking to  709          

adopt the child, unless the agency has determined and              710          

redetermined at intervals of not more than six months the          711          

impossibility of adoption by a person listed pursuant to division  712          

(B), (C), or (D) of section 5103.154 of the Revised Code,          713          

including the impossibility of entering into a payment agreement   715          

with such a person.  The agency so maintaining such a child shall  716          

report its reasons for doing so to the department of job and       717          

family services. No agency that fails to so determine,             718          

redetermine, and report shall receive more than fifty per cent of  719          

the state funds to which it would otherwise be eligible for that   720          

part of the fiscal year following placement under section 5101.14  721          

of the Revised Code.                                               722          

      Section 2.  That existing sections 2151.141, 2903.13,        724          

2903.21, 2903.211, 2903.22, and 5153.163 of the Revised Code are   726          

hereby repealed.