SENATORS Spada, Armbruster, Jacobson, Austria, Oelslager, Mead, Randy Gardner, White, Nein

To amend sections 2901.01, 2929.04, and 2933.51 and to

1

enact sections 2909.21, 2909.22, 2909.23, 2909.24,

2

and 2909.25 of the Revised Code to create the

3

offenses of terrorism, soliciting or providing

4

support for an act of terrorism, making a

5

terroristic threat, and hindering prosecution of

6

terrorism and to declare an emergency.

7

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

Section 1. That sections 2901.01, 2929.04, and 2933.51 be	8
amended and sections 2909.21, 2909.22, 2909.23, 2909.24, and	9
2909.25 of the Revised Code be enacted to read as follows:	10

Sec. 2901.01.  (A) As used in the Revised Code:

11

(1) "Force" means any violence, compulsion, or constraint	12
physically exerted by any means upon or against a person or thing.	13

(2) "Deadly force" means any force that carries a	14
substantial risk that it will proximately result in the death of	15
any person.	16

(3) "Physical harm to persons" means any injury, illness, or	17
other physiological impairment, regardless of its gravity or	18
duration.	19

(4) "Physical harm to property" means any tangible or	20
intangible damage to property that, in any degree, results in loss	21
to its value or interferes with its use or enjoyment. "Physical	22
harm to property" does not include wear and tear occasioned by	23
normal use.	24

(5) "Serious physical harm to persons" means any of the	25
following:	26

(a) Any mental illness or condition of such gravity as would	27
normally require hospitalization or prolonged psychiatric	28
treatment;	29

(b) Any physical harm that carries a substantial risk of	30
death;	31

(c) Any physical harm that involves some permanent	32
incapacity, whether partial or total, or that involves some	33
temporary, substantial incapacity;	34

(d) Any physical harm that involves some permanent	35
disfigurement or that involves some temporary, serious	36
disfigurement;	37

(e) Any physical harm that involves acute pain of such	38
duration as to result in substantial suffering or that involves	39
any degree of prolonged or intractable pain.	40

(6) "Serious physical harm to property" means any physical	41
harm to property that does either of the following:	42

(a) Results in substantial loss to the value of the property	43
or requires a substantial amount of time, effort, or money to	44
repair or replace;	45

(b) Temporarily prevents the use or enjoyment of the	46
property or substantially interferes with its use or enjoyment for	47
an extended period of time.	48

(7) "Risk" means a significant possibility, as contrasted	49
with a remote possibility, that a certain result may occur or that	50
certain circumstances may exist.	51

(8) "Substantial risk" means a strong possibility, as	52
contrasted with a remote or significant possibility, that a	53
certain result may occur or that certain circumstances may exist.	54

(9) "Offense of violence" means any of the following:

55

(a) A violation of section 2903.01, 2903.02, 2903.03,	56
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	57
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	58
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	59
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	60
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	61
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	62
Revised Code or felonious sexual penetration in violation of	63
former section 2907.12 of the Revised Code;	64

(b) A violation of an existing or former municipal ordinance	65
or law of this or any other state or the United States,	66
substantially equivalent to any section, division, or offense	67
listed in division (A)(9)(a) of this section;	68

(c) An offense, other than a traffic offense, under an	69
existing or former municipal ordinance or law of this or any other	70
state or the United States, committed purposely or knowingly, and	71
involving physical harm to persons or a risk of serious physical	72
harm to persons;	73

(d) A conspiracy or attempt to commit, or complicity in	74
committing, any offense under division (A)(9)(a), (b), or (c) of	75
this section.	76

(10)(a) "Property" means any property, real or personal,	77
tangible or intangible, and any interest or license in that	78
property. "Property" includes, but is not limited to, cable	79
television service, other telecommunications service,	80
telecommunications devices, information service, computers, data,	81
computer software, financial instruments associated with	82
computers, other documents associated with computers, or copies of	83
the documents, whether in machine or human readable form, trade	84
secrets, trademarks, copyrights, patents, and property protected	85
by a trademark, copyright, or patent. "Financial instruments	86
associated with computers" include, but are not limited to,	87
checks, drafts, warrants, money orders, notes of indebtedness,	88
certificates of deposit, letters of credit, bills of credit or	89
debit cards, financial transaction authorization mechanisms,	90
marketable securities, or any computer system representations of	91
any of them.	92

(b) As used in division (A)(10) of this section, "trade	93
secret" has the same meaning as in section 1333.61 of the Revised	94
Code, and "telecommunications service" and "information service"	95
have the same meanings as in section 2913.01 of the Revised Code.	96

(c) As used in divisions (A)(10) and (13) of this section,	97
"cable television service," "computer," "computer software,"	98
"computer system," "computer network," "data," and	99
"telecommunications device" have the same meanings as in section	100
2913.01 of the Revised Code.	101

(11) "Law enforcement officer" means any of the following:

102

(a) A sheriff, deputy sheriff, constable, police officer of	103
a township or joint township police district, marshal, deputy	104
marshal, municipal police officer, member of a police force	105
employed by a metropolitan housing authority under division (D) of	106
section 3735.31 of the Revised Code, or state highway patrol	107
trooper;	108

(b) An officer, agent, or employee of the state or any of	109
its agencies, instrumentalities, or political subdivisions, upon	110
whom, by statute, a duty to conserve the peace or to enforce all	111
or certain laws is imposed and the authority to arrest violators	112
is conferred, within the limits of that statutory duty and	113
authority;	114

(c) A mayor, in the mayor's capacity as chief conservator of	115
the peace within the mayor's municipal corporation;	116

(d) A member of an auxiliary police force organized by	117
county, township, or municipal law enforcement authorities, within	118
the scope of the member's appointment or commission;	119

(e) A person lawfully called pursuant to section 311.07 of	120
the Revised Code to aid a sheriff in keeping the peace, for the	121
purposes and during the time when the person is called;	122

(f) A person appointed by a mayor pursuant to section 737.01	123
of the Revised Code as a special patrolling officer during riot or	124
emergency, for the purposes and during the time when the person is	125
appointed;	126

(g) A member of the organized militia of this state or the	127
armed forces of the United States, lawfully called to duty to aid	128
civil authorities in keeping the peace or protect against domestic	129
violence;	130

(h) A prosecuting attorney, assistant prosecuting attorney,	131
secret service officer, or municipal prosecutor;	132

(i) An Ohio veterans' home police officer appointed under	133
section 5907.02 of the Revised Code;	134

(j) A member of a police force employed by a regional	135
transit authority under division (Y) of section 306.35 of the	136
Revised Code;	137

(k) A special police officer employed by a port authority	138
under section 4582.04 or 4582.28 of the Revised Code;	139

(l) The house sergeant at arms if the house sergeant at arms	140
has arrest authority pursuant to division (E)(1) of section	141
101.311 of the Revised Code and an assistant house sergeant at	142
arms.	143

(12) "Privilege" means an immunity, license, or right	144
conferred by law, bestowed by express or implied grant, arising	145
out of status, position, office, or relationship, or growing out	146
of necessity.	147

(13) "Contraband" means any property described in the	148
following categories:	149

(a) Property that in and of itself is unlawful for a person	150
to acquire or possess;	151

(b) Property that is not in and of itself unlawful for a	152
person to acquire or possess, but that has been determined by a	153
court of this state, in accordance with law, to be contraband	154
because of its use in an unlawful activity or manner, of its	155
nature, or of the circumstances of the person who acquires or	156
possesses it, including, but not limited to, goods and personal	157
property described in division (D) of section 2913.34 of the	158
Revised Code;	159

(c) Property that is specifically stated to be contraband by	160
a section of the Revised Code or by an ordinance, regulation, or	161
resolution;	162

(d) Property that is forfeitable pursuant to a section of	163
the Revised Code, or an ordinance, regulation, or resolution,	164
including, but not limited to, forfeitable firearms, dangerous	165
ordnance, obscene materials, and goods and personal property	166
described in division (D) of section 2913.34 of the Revised Code;	167

(e) Any controlled substance, as defined in section 3719.01	168
of the Revised Code, or any device, paraphernalia, money as	169
defined in section 1301.01 of the Revised Code, or other means of	170
exchange that has been, is being, or is intended to be used in an	171
attempt or conspiracy to violate, or in a violation of, Chapter	172
2925. or 3719. of the Revised Code;	173

(f) Any gambling device, paraphernalia, money as defined in	174
section 1301.01 of the Revised Code, or other means of exchange	175
that has been, is being, or is intended to be used in an attempt	176
or conspiracy to violate, or in the violation of, Chapter 2915. of	177
the Revised Code;	178

(g) Any equipment, machine, device, apparatus, vehicle,	179
vessel, container, liquid, or substance that has been, is being,	180
or is intended to be used in an attempt or conspiracy to violate,	181
or in the violation of, any law of this state relating to alcohol	182
or tobacco;	183

(h) Any personal property that has been, is being, or is	184
intended to be used in an attempt or conspiracy to commit, or in	185
the commission of, any offense or in the transportation of the	186
fruits of any offense;	187

(i) Any property that is acquired through the sale or other	188
transfer of contraband or through the proceeds of contraband,	189
other than by a court or a law enforcement agency acting within	190
the scope of its duties;	191

(j) Any computer, computer system, computer network,	192
computer software, or other telecommunications device that is used	193
in a conspiracy to commit, an attempt to commit, or the commission	194
of any offense, if the owner of the computer, computer system,	195
computer network, computer software, or other telecommunications	196
device is convicted of or pleads guilty to the offense in which it	197
is used.	198

(14) A person is "not guilty by reason of insanity" relative	199
to a charge of an offense only if the person proves, in the manner	200
specified in section 2901.05 of the Revised Code, that at the time	201
of the commission of the offense, the person did not know, as a	202
result of a severe mental disease or defect, the wrongfulness of	203
the person's acts.	204

(B)(1)(a) Subject to division (B)(2) of this section, as	205
used in any section contained in Title XXIX of the Revised Code	206
that sets forth a criminal offense, "person" includes all of the	207
following:	208

(i) An individual, corporation, business trust, estate,	209
trust, partnership, and association;	210

(ii) An unborn human who is viable.

211

(b) As used in any section contained in Title XXIX of the	212
Revised Code that does not set forth a criminal offense, "person"	213
includes an individual, corporation, business trust, estate,	214
trust, partnership, and association.	215

(c) As used in division (B)(1)(a) of this section:

216

(i) "Unborn human" means an individual organism of the	217
species Homo sapiens from fertilization until live birth.	218

(ii) "Viable" means the stage of development of a human	219
fetus at which there is a realistic possibility of maintaining and	220
nourishing of a life outside the womb with or without temporary	221
artificial life-sustaining support.	222

(2) Notwithstanding division (B)(1)(a) of this section, in	223
no case shall the portion of the definition of the term "person"	224
that is set forth in division (B)(1)(a)(ii) of this section be	225
applied or construed in any section contained in Title XXIX of the	226
Revised Code that sets forth a criminal offense in any of the	227
following manners:	228

(a) Except as otherwise provided in division (B)(2)(a) of	229
this section, in a manner so that the offense prohibits or is	230
construed as prohibiting any pregnant woman or her physician from	231
performing an abortion with the consent of the pregnant woman,	232
with the consent of the pregnant woman implied by law in a medical	233
emergency, or with the approval of one otherwise authorized by law	234
to consent to medical treatment on behalf of the pregnant woman.	235
An abortion that violates the conditions described in the	236
immediately preceding sentence may be punished as a violation of	237
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	238
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	239
of the Revised Code, as applicable. An abortion that does not	240
violate the conditions described in the second immediately	241
preceding sentence, but that does violate section 2919.12,	242
division (B) of section 2919.13, or section 2919.151, 2919.17, or	243
2919.18 of the Revised Code, may be punished as a violation of	244
section 2919.12, division (B) of section 2919.13, or section	245
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	246
Consent is sufficient under this division if it is of the type	247
otherwise adequate to permit medical treatment to the pregnant	248
woman, even if it does not comply with section 2919.12 of the	249
Revised Code.	250

(b) In a manner so that the offense is applied or is	251
construed as applying to a woman based on an act or omission of	252
the woman that occurs while she is or was pregnant and that	253
results in any of the following:	254

(i) Her delivery of a stillborn baby;

255

(ii) Her causing, in any other manner, the death in utero of	256
a viable, unborn human that she is carrying;	257

(iii) Her causing the death of her child who is born alive	258
but who dies from one or more injuries that are sustained while	259
the child is a viable, unborn human;	260

(iv) Her causing her child who is born alive to sustain one	261
or more injuries while the child is a viable, unborn human;	262

(v) Her causing, threatening to cause, or attempting to	263
cause, in any other manner, an injury, illness, or other	264
physiological impairment, regardless of its duration or gravity,	265
or a mental illness or condition, regardless of its duration or	266
gravity, to a viable, unborn human that she is carrying.	267

(C) As used in Title XXIX of the Revised Code:

268

(1) "School safety zone" consists of a school, school	269
building, school premises, school activity, and school bus.	270

(2) "School," "school building," and "school premises" have	271
the same meanings as in section 2925.01 of the Revised Code.	272

(3) "School activity" means any activity held under the	273
auspices of a board of education of a city, local, exempted	274
village, joint vocational, or cooperative education school	275
district, a governing board of an educational service center, or	276
the governing body of a school for which the state board of	277
education prescribes minimum standards under section 3301.07 of	278
the Revised Code.	279

(4) "School bus" has the same meaning as in section 4511.01	280
of the Revised Code.	281

Sec. 2909.21. As used in sections 2909.21 to 2909.25 of the	282
Revised Code:	283

(A) "Act of terrorism" means both of the following:

284

(1) An act that is a specified offense;

285

(2) An act that is committed within or outside the	286
territorial jurisdiction of the United States, that constitutes an	287
offense in any jurisdiction within or outside the territorial	288
jurisdiction of the United States containing all of the essential	289
elements of a specified offense, and that is intended to do one of	290
the following:	291

(a) Intimidate or coerce a civilian population;

292

(b) Influence the policy of any government by intimidation	293
or coercion;	294

(c) Affect the conduct of any government by murder or	295
kidnapping.	296

(B) "Material support or resources" means currency or other	297
financial securities, financial services, lodging, training,	298
safehouses, false documentation or identification, communications	299
equipment, facilities, weapons, lethal substances, explosives,	300
personnel, transportation, and other physical assets, except	301
medicine or religious materials.	302

(C) "Specified offense" means any of the following:

303

(1) A felony of the first degree that is not a violation of	304
Chapter 2925. or 3719. of the Revised Code, a felony offense of	305
violence, or a violation of section 2903.041 or 2909.04 of the	306
Revised Code;	307

(2) An attempt to commit, complicity in committing, or a	308
conspiracy to commit an offense listed in division (C)(1) of this	309
section.	310

(D) An offender "renders criminal assistance" when, with	311
intent to prevent, hinder, or delay the discovery of, apprehension	312
of, or filing of a criminal charge against a person whom the	313
offender knows or has reason to believe has committed an offense	314
or is being sought by law enforcement officials for the commission	315
of an offense or with intent to assist a person in profiting or	316
benefiting from the commission of an offense, the offender does	317
one or more of the following:	318

(1) Harbors or conceals the person;

319

(2) Warns the person of impending discovery or	320
apprehension;	321

(3) Provides the person with money, transportation,	322
weapons, disguise, or other means of avoiding discovery or	323
apprehension;	324

(4) Prevents or obstructs, by means of force, intimidation,	325
or deception, anyone from performing an act that might aid in the	326
discovery or apprehension of the person or in the lodging of a	327
criminal charge against the person;	328

(5) Suppresses, by concealment, alteration, or destruction,	329
any physical evidence that might aid in the discovery or	330
apprehension of the person or in the lodging of a criminal charge	331
against the person;	332

(6) Aids the person to protect or expeditiously profit from	333
an advantage derived from the crime.	334

Sec. 2909.22. (A) No person shall raise, solicit, collect, or	335
provide to another person material support or resources, with the	336
intent that the material support or resources will be used in	337
whole or in part to plan, prepare, carry out, or aid in either an	338
act of terrorism or the concealment of, or an escape from, an act	339
of terrorism.	340

(B) Whoever violates this section is guilty of soliciting	341
or providing support for an act of terrorism, a felony of the	342
fourth degree. If the total value of the material support or	343
resources involved in the violation exceeds one thousand dollars,	344
providing support for an act of terrorism is a felony of the third	345
degree.	346

Sec. 2909.23. (A) No person, with intent to do any of the	347
following, shall threaten to commit or cause to be committed a	348
specified offense and thereby cause a reasonable expectation or	349
fear of the imminent commission of the specified offense:	350

(1) Intimidate or coerce a civilian population;

351

(2) Influence the policy of any government by intimidation or	352
coercion;	353

(3) Affect the conduct of any government by murder or	354
kidnapping.	355

(B) It is not a defense to a charge of a violation of this	356
section that the defendant did not have the intent or capability	357
of committing the specified offense or that the threat was not	358
made to a person who was a subject of the specified offense.	359

(C) Whoever violates this section is guilty of making a	360
terroristic threat, a felony of the fourth degree.	361

Sec. 2909.24. (A) No person shall commit a specified offense	362
with intent to do any of the following:	363

(1) Intimidate or coerce a civilian population;

364

(2) Influence the policy of any government by intimidation	365
or coercion;	366

(3) Affect the conduct of any government by murder or	367
kidnapping.	368

(B)(1) Whoever violates this section is guilty of	369
terrorism.	370

(2) If the most serious underlying specified offense the	371
defendant committed is not a felony of the first degree, murder,	372
or aggravated murder, terrorism is an offense one degree higher	373
than the most serious underlying specified offense the defendant	374
committed.	375

(3) If the most serious underlying specified offense the	376
defendant committed is a felony of the first degree or murder, the	377
person shall be sentenced to life imprisonment without parole.	378

(4) If the most serious underlying specified offense the	379
defendant committed is aggravated murder, the offender shall be	380
sentenced to life imprisonment without parole or death pursuant to	381
sections 2929.02 to 2929.06 of the Revised Code.	382

Sec. 2909.25. (A) No person shall render criminal assistance	383
to another person who has committed an act of terrorism, knowing	384
or having reason to know that the other person engaged in conduct	385
constituting an act of terrorism.	386

(B) Whoever violates this section is guilty of hindering	387
the prosecution of terrorism, a felony of the third degree. If	388
the act of terrorism resulted in the death of a person other than	389
one of the participants in the act of terrorism, hindering the	390
prosecution of terrorism is a felony of the second degree.	391

Sec. 2929.04.  (A) Imposition of the death penalty for	392
aggravated murder is precluded unless one or more of the following	393
is specified in the indictment or count in the indictment pursuant	394
to section 2941.14 of the Revised Code and proved beyond a	395
reasonable doubt:	396

(1) The offense was the assassination of the president of	397
the United States or a person in line of succession to the	398
presidency, the governor or lieutenant governor of this state, the	399
president-elect or vice president-elect of the United States, the	400
governor-elect or lieutenant governor-elect of this state, or a	401
candidate for any of the offices described in this division. For	402
purposes of this division, a person is a candidate if the person	403
has been nominated for election according to law, if the person	404
has filed a petition or petitions according to law to have the	405
person's name placed on the ballot in a primary or general	406
election, or if the person campaigns as a write-in candidate in a	407
primary or general election.	408

(2) The offense was committed for hire.

409

(3) The offense was committed for the purpose of escaping	410
detection, apprehension, trial, or punishment for another offense	411
committed by the offender.	412

(4) The offense was committed while the offender was under	413
detention or while the offender was at large after having broken	414
detention. As used in division (A)(4) of this section,	415
"detention" has the same meaning as in section 2921.01 of the	416
Revised Code, except that detention does not include	417
hospitalization, institutionalization, or confinement in a mental	418
health facility or mental retardation and developmentally disabled	419
facility unless at the time of the commission of the offense	420
either of the following circumstances apply:	421

(a) The offender was in the facility as a result of being	422
charged with a violation of a section of the Revised Code.	423

(b) The offender was under detention as a result of being	424
convicted of or pleading guilty to a violation of a section of the	425
Revised Code.	426

(5) Prior to the offense at bar, the offender was convicted	427
of an offense an essential element of which was the purposeful	428
killing of or attempt to kill another, or the offense at bar was	429
part of a course of conduct involving the purposeful killing of or	430
attempt to kill two or more persons by the offender.	431

(6) The victim of the offense was a law enforcement officer,	432
as defined in section 2911.01 of the Revised Code, whom the	433
offender had reasonable cause to know or knew to be a law	434
enforcement officer as so defined, and either the victim, at the	435
time of the commission of the offense, was engaged in the victim's	436
duties, or it was the offender's specific purpose to kill a law	437
enforcement officer as so defined.	438

(7) The offense was committed while the offender was	439
committing, attempting to commit, or fleeing immediately after	440
committing or attempting to commit kidnapping, rape, aggravated	441
arson, aggravated robbery, or aggravated burglary, and either the	442
offender was the principal offender in the commission of the	443
aggravated murder or, if not the principal offender, committed the	444
aggravated murder with prior calculation and design.	445

(8) The victim of the aggravated murder was a witness to an	446
offense who was purposely killed to prevent the victim's testimony	447
in any criminal proceeding and the aggravated murder was not	448
committed during the commission, attempted commission, or flight	449
immediately after the commission or attempted commission of the	450
offense to which the victim was a witness, or the victim of the	451
aggravated murder was a witness to an offense and was purposely	452
killed in retaliation for the victim's testimony in any criminal	453
proceeding.	454

(9) The offender, in the commission of the offense,	455
purposefully caused the death of another who was under thirteen	456
years of age at the time of the commission of the offense, and	457
either the offender was the principal offender in the commission	458
of the offense or, if not the principal offender, committed the	459
offense with prior calculation and design.	460

(10) The victim was killed as a result of an act of	461
terrorism.	462

(B) If one or more of the aggravating circumstances listed	463
in division (A) of this section is specified in the indictment or	464
count in the indictment and proved beyond a reasonable doubt, and	465
if the offender did not raise the matter of age pursuant to	466
section 2929.023 of the Revised Code or if the offender, after	467
raising the matter of age, was found at trial to have been	468
eighteen years of age or older at the time of the commission of	469
the offense, the court, trial jury, or panel of three judges shall	470
consider, and weigh against the aggravating circumstances proved	471
beyond a reasonable doubt, the nature and circumstances of the	472
offense, the history, character, and background of the offender,	473
and all of the following factors:	474

(1) Whether the victim of the offense induced or facilitated	475
it;	476

(2) Whether it is unlikely that the offense would have been	477
committed, but for the fact that the offender was under duress,	478
coercion, or strong provocation;	479

(3) Whether, at the time of committing the offense, the	480
offender, because of a mental disease or defect, lacked	481
substantial capacity to appreciate the criminality of the	482
offender's conduct or to conform the offender's conduct to the	483
requirements of the law;	484

(4) The youth of the offender;

485

(5) The offender's lack of a significant history of prior	486
criminal convictions and delinquency adjudications;	487

(6) If the offender was a participant in the offense but not	488
the principal offender, the degree of the offender's participation	489
in the offense and the degree of the offender's participation in	490
the acts that led to the death of the victim;	491

(7) Any other factors that are relevant to the issue of	492
whether the offender should be sentenced to death.	493

(C) The defendant shall be given great latitude in the	494
presentation of evidence of the factors listed in division (B) of	495
this section and of any other factors in mitigation of the	496
imposition of the sentence of death.	497

The existence of any of the mitigating factors listed in	498
division (B) of this section does not preclude the imposition of a	499
sentence of death on the offender but shall be weighed pursuant to	500
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	501
the trial court, trial jury, or the panel of three judges against	502
the aggravating circumstances the offender was found guilty of	503
committing.	504

(D) As used in this section, "act of terrorism" means any	505
activity to which both of the following apply:	506

(1) The activity involves a violent act or an act that is	507
dangerous to human life and is a violation of a section of the	508
Revised Code.	509

(2) The activity appears to be intended to do any of the	510
following:	511

(a) Intimidate or coerce a civilian population;

512

(b) Influence the policy of any government by intimidation or	513
coercion;	514

(c) Affect the conduct of any government by murder or	515
kidnapping.	516

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	517
Revised Code:	518

(A) "Wire communication" means an aural transfer that is	519
made in whole or in part through the use of facilities for the	520
transmission of communications by the aid of wires or similar	521
methods of connecting the point of origin of the communication and	522
the point of reception of the communication, including the use of	523
a method of connecting the point of origin and the point of	524
reception of the communication in a switching station, if the	525
facilities are furnished or operated by a person engaged in	526
providing or operating the facilities for the transmission of	527
communications. "Wire communication" includes an electronic	528
storage of a wire communication.	529

(B) "Oral communication" means an oral communication uttered	530
by a person exhibiting an expectation that the communication is	531
not subject to interception under circumstances justifying that	532
expectation. "Oral communication" does not include an electronic	533
communication.	534

(C) "Intercept" means the aural or other acquisition of the	535
contents of any wire, oral, or electronic communication through	536
the use of an interception device.	537

(D) "Interception device" means an electronic, mechanical,	538
or other device or apparatus that can be used to intercept a wire,	539
oral, or electronic communication. "Interception device" does not	540
mean any of the following:	541

(1) A telephone or telegraph instrument, equipment, or	542
facility, or any of its components, if the instrument, equipment,	543
facility, or component is any of the following:	544

(a) Furnished to the subscriber or user by a provider of	545
wire or electronic communication service in the ordinary course of	546
its business and being used by the subscriber or user in the	547
ordinary course of its business;	548

(b) Furnished by a subscriber or user for connection to the	549
facilities of a provider of wire or electronic communication	550
service and used in the ordinary course of that subscriber's or	551
user's business;	552

(c) Being used by a provider of wire or electronic	553
communication service in the ordinary course of its business or by	554
an investigative or law enforcement officer in the ordinary course	555
of the officer's duties that do not involve the interception of	556
wire, oral, or electronic communications.	557

(2) A hearing aid or similar device being used to correct	558
subnormal hearing to not better than normal.	559

(E) "Investigative officer" means any of the following:

560

(1) An officer of this state or a political subdivision of	561
this state, who is empowered by law to conduct investigations or	562
to make arrests for a designated offense;	563

(2) A person described in divisions (A)(11)(a) and (b) of	564
section 2901.01 of the Revised Code;	565

(3) An attorney authorized by law to prosecute or	566
participate in the prosecution of a designated offense;	567

(4) A secret service officer appointed pursuant to section	568
309.07 of the Revised Code;	569

(5) An officer of the United States, a state, or a political	570
subdivision of a state who is authorized to conduct investigations	571
pursuant to the "Electronic Communications Privacy Act of 1986,"	572
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	573

(F) "Interception warrant" means a court order that	574
authorizes the interception of wire, oral, or electronic	575
communications and that is issued pursuant to sections 2933.53 to	576
2933.56 of the Revised Code.	577

(G) "Contents," when used with respect to a wire, oral, or	578
electronic communication, includes any information concerning the	579
substance, purport, or meaning of the communication.	580

(H) "Communications common carrier" means a person who is	581
engaged as a common carrier for hire in intrastate, interstate, or	582
foreign communications by wire, radio, or radio transmission of	583
energy. "Communications common carrier" does not include, to the	584
extent that the person is engaged in radio broadcasting, a person	585
engaged in radio broadcasting.	586

(I) "Designated offense" means any of the following:

587

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	588
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,	589
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	590
2909.24, 2909.25, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02,	591
2913.04, 2913.42, 2913.51, 2915.02, 2915.03, 2917.01, 2917.02,	592
2921.02, 2921.03, 2921.04, 2921.32, 2921.34, 2923.20, 2923.32,	593
2925.03, 2925.04, 2925.05, or 2925.06 or of division (B) of	594
section 2915.05 of the Revised Code;	595

(2) A violation of section 2919.23 of the Revised Code that,	596
had it occurred prior to July 1, 1996, would have been a violation	597
of section 2905.04 of the Revised Code as it existed prior to that	598
date;	599

(3) A felony violation of section 2925.11 of the Revised	600
Code that is not a minor drug possession offense, as defined in	601
section 2925.01 of the Revised Code;	602

(4) Complicity in the commission of a felony violation of a	603
section listed in division (I)(1), (2), or (3) of this section;	604

(5) An attempt to commit, or conspiracy in the commission	605
of, a felony violation of a section listed in division (I)(1),	606
(2), or (3) of this section, if the attempt or conspiracy is	607
punishable by a term of imprisonment of more than one year.	608

(J) "Aggrieved person" means a person who was a party to an	609
intercepted wire, oral, or electronic communication or a person	610
against whom the interception of the communication was directed.	611

(K) "Person" means a person, as defined in section 1.59 of	612
the Revised Code, or a governmental officer, employee, or entity.	613

(L) "Special need" means a showing that a licensed	614
physician, licensed practicing psychologist, attorney, practicing	615
cleric, journalist, or either spouse is personally engaging in	616
continuing criminal activity, was engaged in continuing criminal	617
activity over a period of time, or is committing, has committed,	618
or is about to commit, a designated offense, or a showing that	619
specified public facilities are being regularly used by someone	620
who is personally engaging in continuing criminal activity, was	621
engaged in continuing criminal activity over a period of time, or	622
is committing, has committed, or is about to commit, a designated	623
offense.	624

(M) "Journalist" means a person engaged in, connected with,	625
or employed by, any news media, including a newspaper, magazine,	626
press association, news agency, or wire service, a radio or	627
television station, or a similar media, for the purpose of	628
gathering, processing, transmitting, compiling, editing, or	629
disseminating news for the general public.	630

(N) "Electronic communication" means a transfer of a sign,	631
signal, writing, image, sound, datum, or intelligence of any	632
nature that is transmitted in whole or in part by a wire, radio,	633
electromagnetic, photoelectronic, or photo-optical system.	634
"Electronic communication" does not mean any of the following:	635

(1) A wire or oral communication;

636

(2) A communication made through a tone-only paging device;

637

(3) A communication from an electronic or mechanical	638
tracking device that permits the tracking of the movement of a	639
person or object.	640

(O) "User" means a person or entity that uses an electronic	641
communication service and is duly authorized by the provider of	642
the service to engage in the use of the electronic communication	643
service.	644

(P) "Electronic communications system" means a wire, radio,	645
electromagnetic, photoelectronic, or photo-optical facility for	646
the transmission of electronic communications, and a computer	647
facility or related electronic equipment for the electronic	648
storage of electronic communications.	649

(Q) "Electronic communication service" means a service that	650
provides to users of the service the ability to send or receive	651
wire or electronic communications.	652

(R) "Readily accessible to the general public" means, with	653
respect to a radio communication, that the communication is none	654
of the following:	655

(1) Scrambled or encrypted;

656

(2) Transmitted using a modulation technique, the essential	657
parameters of which have been withheld from the public with the	658
intention of preserving the privacy of the communication;	659

(3) Carried on a subcarrier or other signal subsidiary to a	660
radio transmission;	661

(4) Transmitted over a communications system provided by a	662
communications common carrier, unless the communication is a	663
tone-only paging system communication;	664

(5) Transmitted on a frequency allocated under part 25,	665
subpart D, E, or F of part 74, or part 94 of the Rules of the	666
Federal Communications Commission, as those provisions existed on	667
July 1, 1996, unless, in the case of a communication transmitted	668
on a frequency allocated under part 74 that is not exclusively	669
allocated to broadcast auxiliary services, the communication is a	670
two-way voice communication by radio.	671

(S) "Electronic storage" means a temporary, intermediate	672
storage of a wire or electronic communication that is incidental	673
to the electronic transmission of the communication, and a storage	674
of a wire or electronic communication by an electronic	675
communication service for the purpose of backup protection of the	676
communication.	677

(T) "Aural transfer" means a transfer containing the human	678
voice at a point between and including the point of origin and the	679
point of reception.	680

(U) "Pen register" means a device that records or decodes	681
electronic impulses that identify the numbers dialed, pulsed, or	682
otherwise transmitted on telephone lines to which the device is	683
attached.	684

(V) "Trap and trace device" means a device that captures the	685
incoming electronic or other impulses that identify the	686
originating number of an instrument or device from which a wire	687
communication or electronic communication was transmitted but that	688
does not intercept the contents of the wire communication or	689
electronic communication.	690

(W) "Judge of a court of common pleas" means a judge of that	691
court who is elected or appointed as a judge of general	692
jurisdiction or as a judge who exercises both general jurisdiction	693
and probate, domestic relations, or juvenile jurisdiction. "Judge	694
of a court of common pleas" does not mean a judge of that court	695
who is elected or appointed specifically as a probate, domestic	696
relations, or juvenile judge.	697

Section 2. That existing sections 2901.01, 2929.04, and	698
2933.51 of the Revised Code are hereby repealed.	699

Section 3. This act is hereby declared to be an emergency	700
measure necessary for the immediate preservation of the public	701
peace, health, and safety. The reason for such necessity is that	702
the recent terrorist attacks of September 11, 2001, underscore the	703
compelling need for legislation that is specifically designed to	704
combat the evils of terrorism, that comprehensive state laws are	705
urgently needed to complement federal laws in the fight against	706
terrorism and to better protect all citizens against terrorist	707
acts, and that state laws must be strengthened to ensure that	708
terrorists, as well as those who solicit or provide financial and	709
other support to terrorists, are prosecuted and punished in state	710
courts with appropriate severity. Therefore, this act shall go	711
into immediate effect.	712