REPRESENTATIVES Manning, Reidelbach

To enact sections 2909.09, 2909.10, and 2909.101 of

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the Revised Code to prohibit knowingly dropping or

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throwing any object at, onto, or in the path of any

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vehicle on a highway or any vessel on a waterway,

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to prohibit knowingly dropping or throwing any

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object in the path of a railroad, to enact other

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new offenses relating to railroad property and

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operations and railroad grade crossing warning

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signals and other protective devices, and to create

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the Highway, Bridge, and Overpass Vandal Fence Task

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Force.

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

Section 1. That sections 2909.09, 2909.10, and 2909.101 of	12
the Revised Code be enacted to read as follows:	13

Sec. 2909.09. (A) As used in this section:

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(1) "Highway" means any highway as defined in section	15
4511.01 of the Revised Code or any lane, road, street, alley,	16
bridge, or overpass.	17

(2) "Alley," "street," "streetcar," "trackless trolley,"	18
and "vehicle" have the same meanings as in section 4511.01 of the	19
Revised Code.	20

(3) "Vessel" and "waters in this state" have the same	21
meanings as in section 1547.01 of the Revised Code.	22

(B) No person shall knowingly, and by any means, drop or	23
throw any object at, onto, or in the path of any of the following:	24

(1) Any vehicle, streetcar, or trackless trolley on a	25
highway;	26

(2) Any boat or vessel on any of the waters in this state.

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(C) Whoever violates this section is guilty of vehicular	28
vandalism. Except as otherwise provided in this division,	29
vehicular vandalism is a misdemeanor of the first degree. Except	30
as otherwise provided in this division, if the violation of this	31
section creates a substantial risk of physical harm to any person	32
or the violation of this section causes serious physical harm to	33
property, vehicular vandalism is a felony of the fourth degree.	34
Except as otherwise provided in this division, if the violation of	35
this section causes physical harm to any person, vehicular	36
vandalism is a felony of the third degree. If the violation of	37
this section causes serious physical harm to any person, vehicular	38
vandalism is a felony of the second degree.	39

Sec. 2909.10.  (A) No person shall knowingly, and by any	40
means, drop or throw any object at, onto, or in the path of, any	41
railroad rail, railroad track, locomotive, engine, railroad car,	42
or other vehicle of a railroad company while such vehicle is on a	43
railroad track.	44

(B) No person, without privilege to do so, shall climb upon	45
or into any locomotive, engine, railroad car, or other vehicle of	46
a railroad company when it is on a railroad track.	47

(C) No person, without privilege to do so, shall disrupt,	48
delay, or prevent the operation of any train or other vehicle of a	49
railroad company while such vehicle is on a railroad track.	50

(D) No person, without privilege to do so, shall knowingly	51
enter or remain on the land or premises of a railroad company.	52

(E) Whoever violates division (A) of this section is guilty	53
of railroad vandalism. Whoever violates division (B) of this	54
section is guilty of criminal trespass on a locomotive, engine,	55
railroad car, or other railroad vehicle. Whoever violates division	56
(C) of this section is guilty of interference with the operation	57
of a train.	58

Except as otherwise provided in this division, railroad	59
vandalism; criminal trespass on a locomotive, engine, railroad	60
car, or other railroad vehicle; and interference with the	61
operation of a train each is a misdemeanor of the first degree.	62
Except as otherwise provided in this division, if the violation of	63
division (A), (B), or (C) of this section causes serious physical	64
harm to property or creates a substantial risk of physical harm to	65
any person, the violation is a felony of the fourth degree. Except	66
as otherwise provided in this division, if the violation of	67
division (A), (B), or (C) of this section causes physical harm to	68
any person, the violation is a felony of the third degree. If the	69
violation of division (A), (B), or (C) of this section causes	70
serious physical harm to any person, the violation is a felony of	71
the second degree.	72

(F) Whoever violates division (D) of this section is guilty	73
of criminal trespass on the land or premises of a railroad	74
company, a misdemeanor of the fourth degree.	75

Sec. 2909.101.  (A) No person shall knowingly deface,	76
damage, obstruct, remove, or otherwise impair the operation of any	77
railroad grade crossing warning signal or other protective device,	78
including any gate, bell, light, crossbuck, stop sign, yield sign,	79
advance warning sign, or advance pavement marking.	80

(B) Whoever violates this section is guilty of railroad grade	81
crossing device vandalism. Except as otherwise provided in this	82
division, railroad grade crossing device vandalism is a	83
misdemeanor of the first degree. Except as otherwise provided in	84
this division, if the violation of this section causes serious	85
physical harm to property or creates a substantial risk of	86
physical harm to any person, railroad grade crossing device	87
vandalism is a felony of the fourth degree. Except as otherwise	88
provided in this division, if the violation of this section causes	89
physical harm to any person, railroad grade crossing device	90
vandalism is a felony of the third degree. If the violation of	91
this section causes serious physical harm to any person, railroad	92
grade crossing device vandalism is a felony of the second degree.	93

Section 2. There is hereby created the Highway, Bridge, and	94
Overpass Vandal Fence Task Force, consisting of the Governor or	95
the Governor's designee, one person appointed by the Director of	96
Transportation, one person appointed by the Director of Public	97
Safety, who shall be the Superintendent or a trooper of the State	98
Highway Patrol, one person appointed by the Buckeye State Sheriffs	99
Association, one person appointed by the Ohio Association of	100
Chiefs of Police, one person appointed by the County Engineers	101
Association of Ohio, and three or more members of the public	102
appointed by the Governor. The Governor or the Governor's	103
designee shall be chairperson of the Task Force, and the Task	104
Force members shall elect a vice-chairperson from among their	105
members and appoint a secretary, who need not be a member of the	106
Task Force. A vacancy shall be filled in the same manner as the	107
original appointment. Members of the Task Force shall not receive	108
a salary, but the three Task Force members the Governor appoints	109
shall be reimbursed for the actual expenses they incur in	110
performing their duties as Task Force members.	111

The Task Force shall do all of the following:

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(A) Develop an awareness program with local law enforcement	113
officials and the Ohio Department of Transportation relative to	114
the problem of objects thrown from highways, bridges, and	115
overpasses;	116

(B) Review and evaluate the overall situation regarding	117
objects thrown from highways, bridges, and overpasses, including	118
the types and number of objects thrown yearly, the perpetrators	119
involved, the locations within this state where such throwing has	120
occurred, and any other aspects of this criminal activity the Task	121
Force determines to be relevant and significant;	122

(C) Facilitate communication between the Ohio Department of	123
Transportation and law enforcement agencies by developing a	124
central computer system to track these incidents;	125

(D) Examine the value of the improved safety resulting from	126
the installation of vandal fences on all bridges and overpasses on	127
interstate freeways relative to the cost of such installation.	128

The Task Force shall compile its findings and formulate	129
recommendations and report these to a joint House of	130
Representatives and Senate Transportation Committee not later than	131
September 30, 2003. The joint committee shall consist of eight	132
members, four from the Senate appointed by the President of the	133
Senate and four from the House of Representatives appointed by the	134
Speaker. After the Task Force presents its report, the Governor	135
may declare the end to the existence of the Task Force or may	136
declare that the Task Force will remain in existence for such	137
additional time as the Governor determines necessary. If the	138
Governor declares that the Task Force will remain in existence,	139
the Task Force shall examine any issues relating to the throwing	140
of objects from highways, bridges, and overpasses that the Task	141
Force chooses to examine, until the Governor declares the end to	142
the existence of the Task Force.	143