Am. H. B. No. 442 As Reported by the Senate Judiciary--Criminal Justice Committee

REPRESENTATIVES Schuring, Cirelli, Otterman, Hoops, White, Patton, Allen, Strahorn, Webster, Fedor, Hartnett, R. Miller, Seitz, DeWine, Roman, Setzer, Schmidt, Lendrum, Rhine, Widowfield, Collier, Carano, Key, Womer Benjamin, Hughes, Seaver, Brown, Sulzer, Faber, Mason, Evans, Reidelbach, Kearns, Niehaus, Latell, Redfern, Calvert, D. Miller, Perry, Schneider, Boccieri, Clancy, Grendell, Flannery, Woodard, Sferra, DeBose, McGregor, Carmichael, Buehrer, Flowers, Barrett, S. Smith, Oakar, Reinhard, Distel, Callender, Schaffer, Hagan, Beatty, G. Smith, Britton, Coates

SENATOR Herington

A BILL

To amend section 2923.161 of the Revised Code to

prohibit, in specified circumstances, the discharge

of a firearm within 1,000 feet of any school

building or of the boundaries of any school

premises.

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

Section 1. That section 2923.161 of the Revised Code be	6
amended to read as follows:	7

Sec. 2923.161. (A) No person, without privilege to do so,	8
shall knowingly do ~~either~~any of the following:	9

(1) Discharge a firearm at or into an occupied structure	10
that is a permanent or temporary habitation of any individual;	11

(2) Discharge a firearm at, in, or into a school safety	12
zone;	13

(3) Discharge a firearm within one thousand feet of any	14
school building or of the boundaries of any school premises, with	15
the intent to do any of the following:	16

(a) Cause physical harm to another who is in the school, in	17
the school building, or at a function or activity associated with	18
the school;	19

(b) Cause panic or fear of physical harm to another who is	20
in the school, in the school building, or at a function or	21
activity associated with the school;	22

(c) Cause the evacuation of the school, the school building,	23
or a function or activity associated with the school.	24

(B) This section does not apply to any officer, agent, or	25
employee of this or any other state or the United States, or to	26
any law enforcement officer, who discharges the firearm while	27
acting within the scope of the officer's, agent's, or employee's	28
duties.	29

(C) Whoever violates this section is guilty of improperly	30
discharging a firearm at or into a habitation or, in a school	31
safety zone, or with the intent to cause harm or panic to persons	32
in a school, in a school building, or at a school function or the	33
evacuation of a school function, a felony of the second degree.	34

(D) As used in this section, "occupied structure" has the	35
same meaning as in section 2909.01 of the Revised Code.	36

Section 2. That existing section 2923.161 of the Revised Code	37
is hereby repealed.	38