As Passed by the Senate

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 184


SENATORS Spada, Armbruster, Jacobson, Austria, Oelslager, Mead, Randy Gardner, White, Nein, Amstutz, Blessing, Brady, Carnes, Coughlin, DiDonato, Robert Gardner, Goodman, Harris, Hottinger, Jordan, Mumper, Prentiss, Wachtmann



A BILL
To amend sections 121.22, 2901.01, 2903.01, 2921.32,1
2923.31, 2927.24, 2929.04, 2933.51, and 2941.142
and to enact sections 149.433, 2152.201, 2909.21,3
2909.22, 2909.23, 2909.24, and 2909.25 of the4
Revised Code to create the offenses of terrorism,5
soliciting or providing support for an act of6
terrorism, and making a terroristic threat; to7
expand certain offenses and laws relative to those8
offenses; to increase the penalty for obstructing9
justice involving terrorism; to expand and rename10
contaminating a substance for human consumption to11
include contamination with any hazardous chemical,12
biological, or radioactive substance; to exempt13
certain security-related information from the14
Public Records Law; to revise the Open Meetings Law15
provision regarding executive sessions to consider16
security matters; and to declare an emergency.17


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

       Section 1. That sections 121.22, 2901.01, 2903.01, 2921.32,18
2923.31, 2927.24, 2929.04, 2933.51, and 2941.14 be amended and19
sections 149.433, 2152.201, 2909.21, 2909.22, 2909.23, 2909.24,20
and 2909.25 of the Revised Code be enacted to read as follows:21

       Sec. 121.22.  (A) This section shall be liberally construed22
to require public officials to take official action and to conduct23
all deliberations upon official business only in open meetings24
unless the subject matter is specifically excepted by law.25

       (B) As used in this section:26

       (1) "Public body" means any of the following:27

       (a) Any board, commission, committee, council, or similar28
decision-making body of a state agency, institution, or authority,29
and any legislative authority or board, commission, committee,30
council, agency, authority, or similar decision-making body of any31
county, township, municipal corporation, school district, or other32
political subdivision or local public institution;33

       (b) Any committee or subcommittee of a body described in34
division (B)(1)(a) of this section;35

       (c) A court of jurisdiction of a sanitary district organized36
wholly for the purpose of providing a water supply for domestic,37
municipal, and public use when meeting for the purpose of the38
appointment, removal, or reappointment of a member of the board of39
directors of such a district pursuant to section 6115.10 of the40
Revised Code, if applicable, or for any other matter related to41
such a district other than litigation involving the district. As42
used in division (B)(1)(c) of this section, "court of43
jurisdiction" has the same meaning as "court" in section 6115.0144
of the Revised Code.45

       (2) "Meeting" means any prearranged discussion of the public46
business of the public body by a majority of its members.47

       (3) "Regulated individual" means either of the following:48

       (a) A student in a state or local public educational49
institution;50

       (b) A person who is, voluntarily or involuntarily, an51
inmate, patient, or resident of a state or local institution52
because of criminal behavior, mental illness or retardation,53
disease, disability, age, or other condition requiring custodial54
care.55

       (4) "Public office" has the same meaning as in section56
149.011 of the Revised Code.57

       (C) All meetings of any public body are declared to be58
public meetings open to the public at all times. A member of a59
public body shall be present in person at a meeting open to the60
public to be considered present or to vote at the meeting and for61
purposes of determining whether a quorum is present at the62
meeting.63

       The minutes of a regular or special meeting of any public64
body shall be promptly prepared, filed, and maintained and shall65
be open to public inspection. The minutes need only reflect the66
general subject matter of discussions in executive sessions67
authorized under division (G) or (J) of this section.68

       (D) This section does not apply to any of the following:69

       (1) A grand jury;70

       (2) An audit conference conducted by the auditor of state or71
independent certified public accountants with officials of the72
public office that is the subject of the audit;73

       (3) The adult parole authority when its hearings are74
conducted at a correctional institution for the sole purpose of75
interviewing inmates to determine parole or pardon;76

       (4) The organized crime investigations commission77
established under section 177.01 of the Revised Code;78

       (5) Meetings of a child fatality review board established79
under section 307.621 of the Revised Code and meetings conducted80
pursuant to sections 5153.171 to 5153.173 of the Revised Code;81

       (6) The state medical board when determining whether to82
suspend a certificate without a prior hearing pursuant to division83
(G) of either section 4730.25 or 4731.22 of the Revised Code;84

       (7) The board of nursing when determining whether to suspend85
a license or certificate without a prior hearing pursuant to86
division (B) of section 4723.281 of the Revised Code;87

       (8) The state board of pharmacy when determining whether to88
suspend a license without a prior hearing pursuant to division (D)89
of section 4729.16 of the Revised Code;90

       (9) The state chiropractic board when determining whether to91
suspend a license without a hearing pursuant to section 4734.37 of92
the Revised Code.93

       (10) The executive committee of the emergency response94
commission when determining whether to issue an enforcement order95
or request that a civil action, civil penalty action, or criminal96
action be brought to enforce Chapter 3750. of the Revised Code.97

       (E) The controlling board, the development financing98
advisory council, the industrial technology and enterprise99
advisory council, the tax credit authority, or the minority100
development financing advisory board, when meeting to consider101
granting assistance pursuant to Chapter 122. or 166. of the102
Revised Code, in order to protect the interest of the applicant or103
the possible investment of public funds, by unanimous vote of all104
board, council, or authority members present, may close the105
meeting during consideration of the following information106
confidentially received by the authority, council, or board from107
the applicant:108

       (1) Marketing plans;109

       (2) Specific business strategy;110

       (3) Production techniques and trade secrets;111

       (4) Financial projections;112

       (5) Personal financial statements of the applicant or113
members of the applicant's immediate family, including, but not114
limited to, tax records or other similar information not open to115
public inspection.116

       The vote by the authority, council, or board to accept or117
reject the application, as well as all proceedings of the118
authority, council, or board not subject to this division, shall119
be open to the public and governed by this section.120

       (F) Every public body, by rule, shall establish a reasonable121
method whereby any person may determine the time and place of all122
regularly scheduled meetings and the time, place, and purpose of123
all special meetings. A public body shall not hold a special124
meeting unless it gives at least twenty-four hours' advance notice125
to the news media that have requested notification, except in the126
event of an emergency requiring immediate official action. In the127
event of an emergency, the member or members calling the meeting128
shall notify the news media that have requested notification129
immediately of the time, place, and purpose of the meeting.130

       The rule shall provide that any person, upon request and131
payment of a reasonable fee, may obtain reasonable advance132
notification of all meetings at which any specific type of public133
business is to be discussed. Provisions for advance notification134
may include, but are not limited to, mailing the agenda of135
meetings to all subscribers on a mailing list or mailing notices136
in self-addressed, stamped envelopes provided by the person.137

       (G) Except as provided in division (J) of this section, the138
members of a public body may hold an executive session only after139
a majority of a quorum of the public body determines, by a roll140
call vote, to hold an executive session and only at a regular or141
special meeting for the sole purpose of the consideration of any142
of the following matters:143

       (1) To consider the appointment, employment, dismissal,144
discipline, promotion, demotion, or compensation of a public145
employee or official, or the investigation of charges or146
complaints against a public employee, official, licensee, or147
regulated individual, unless the public employee, official,148
licensee, or regulated individual requests a public hearing. 149
Except as otherwise provided by law, no public body shall hold an150
executive session for the discipline of an elected official for151
conduct related to the performance of the elected official's152
official duties or for the elected official's removal from office.153
If a public body holds an executive session pursuant to division154
(G)(1) of this section, the motion and vote to hold that executive155
session shall state which one or more of the approved purposes156
listed in division (G)(1) of this section are the purposes for157
which the executive session is to be held, but need not include158
the name of any person to be considered at the meeting.159

       (2) To consider the purchase of property for public160
purposes, or for the sale of property at competitive bidding, if161
premature disclosure of information would give an unfair162
competitive or bargaining advantage to a person whose personal,163
private interest is adverse to the general public interest. No164
member of a public body shall use division (G)(2) of this section165
as a subterfuge for providing covert information to prospective166
buyers or sellers. A purchase or sale of public property is void167
if the seller or buyer of the public property has received covert168
information from a member of a public body that has not been169
disclosed to the general public in sufficient time for other170
prospective buyers and sellers to prepare and submit offers.171

       If the minutes of the public body show that all meetings and172
deliberations of the public body have been conducted in compliance173
with this section, any instrument executed by the public body174
purporting to convey, lease, or otherwise dispose of any right,175
title, or interest in any public property shall be conclusively176
presumed to have been executed in compliance with this section177
insofar as title or other interest of any bona fide purchasers,178
lessees, or transferees of the property is concerned.179

       (3) Conferences with an attorney for the public body180
concerning disputes involving the public body that are the subject181
of pending or imminent court action;182

       (4) Preparing for, conducting, or reviewing negotiations or183
bargaining sessions with public employees concerning their184
compensation or other terms and conditions of their employment;185

       (5) Matters required to be kept confidential by federal law186
or regulations or state statutes;187

       (6) Specialized details ofDetails relative to the security188
arrangements and emergency response protocols for a public body or189
a public office, if disclosure of the matters discussed might190
reveal information that could reasonably be used for the purpose191
of committing, or avoiding prosecution for, a violation of the law192
expected to jeopardize the security of the public body or public193
office;194

       (7) In the case of a county hospital operated pursuant to195
Chapter 339. of the Revised Code, to consider trade secrets, as196
defined in section 1333.61 of the Revised Code.197

       If a public body holds an executive session to consider any198
of the matters listed in divisions (G)(2) to (7) of this section,199
the motion and vote to hold that executive session shall state200
which one or more of the approved matters listed in those201
divisions are to be considered at the executive session.202

       A public body specified in division (B)(1)(c) of this section203
shall not hold an executive session when meeting for the purposes204
specified in that division.205

       (H) A resolution, rule, or formal action of any kind is206
invalid unless adopted in an open meeting of the public body. A207
resolution, rule, or formal action adopted in an open meeting that208
results from deliberations in a meeting not open to the public is209
invalid unless the deliberations were for a purpose specifically210
authorized in division (G) or (J) of this section and conducted at211
an executive session held in compliance with this section. A212
resolution, rule, or formal action adopted in an open meeting is213
invalid if the public body that adopted the resolution, rule, or214
formal action violated division (F) of this section.215

       (I)(1) Any person may bring an action to enforce this216
section. An action under division (I)(1) of this section shall be217
brought within two years after the date of the alleged violation218
or threatened violation. Upon proof of a violation or threatened219
violation of this section in an action brought by any person, the220
court of common pleas shall issue an injunction to compel the221
members of the public body to comply with its provisions.222

       (2)(a) If the court of common pleas issues an injunction223
pursuant to division (I)(1) of this section, the court shall order224
the public body that it enjoins to pay a civil forfeiture of five225
hundred dollars to the party that sought the injunction and shall226
award to that party all court costs and, subject to reduction as227
described in division (I)(2) of this section, reasonable228
attorney's fees. The court, in its discretion, may reduce an229
award of attorney's fees to the party that sought the injunction230
or not award attorney's fees to that party if the court determines231
both of the following:232

       (i) That, based on the ordinary application of statutory law233
and case law as it existed at the time of violation or threatened234
violation that was the basis of the injunction, a well-informed235
public body reasonably would believe that the public body was not236
violating or threatening to violate this section;237

       (ii) That a well-informed public body reasonably would238
believe that the conduct or threatened conduct that was the basis239
of the injunction would serve the public policy that underlies the240
authority that is asserted as permitting that conduct or241
threatened conduct.242

       (b) If the court of common pleas does not issue an243
injunction pursuant to division (I)(1) of this section and the244
court determines at that time that the bringing of the action was245
frivolous conduct, as defined in division (A) of section 2323.51246
of the Revised Code, the court shall award to the public body all247
court costs and reasonable attorney's fees, as determined by the248
court.249

       (3) Irreparable harm and prejudice to the party that sought250
the injunction shall be conclusively and irrebuttably presumed251
upon proof of a violation or threatened violation of this section.252

       (4) A member of a public body who knowingly violates an253
injunction issued pursuant to division (I)(1) of this section may254
be removed from office by an action brought in the court of common255
pleas for that purpose by the prosecuting attorney or the attorney256
general.257

       (J)(1) Pursuant to division (C) of section 5901.09 of the258
Revised Code, a veterans service commission shall hold an259
executive session for one or more of the following purposes unless260
an applicant requests a public hearing:261

       (a) Interviewing an applicant for financial assistance under262
sections 5901.01 to 5901.15 of the Revised Code;263

       (b) Discussing applications, statements, and other documents264
described in division (B) of section 5901.09 of the Revised Code;265

       (c) Reviewing matters relating to an applicant's request for266
financial assistance under sections 5901.01 to 5901.15 of the267
Revised Code.268

       (2) A veterans service commission shall not exclude an269
applicant for, recipient of, or former recipient of financial270
assistance under sections 5901.01 to 5901.15 of the Revised Code,271
and shall not exclude representatives selected by the applicant,272
recipient, or former recipient, from a meeting that the commission273
conducts as an executive session that pertains to the applicant's,274
recipient's, or former recipient's application for financial275
assistance.276

       (3) A veterans service commission shall vote on the grant or277
denial of financial assistance under sections 5901.01 to 5901.15278
of the Revised Code only in an open meeting of the commission. The279
minutes of the meeting shall indicate the name, address, and280
occupation of the applicant, whether the assistance was granted or281
denied, the amount of the assistance if assistance is granted, and282
the votes for and against the granting of assistance.283

       Sec. 149.433. (A) As used in this section:284

       (1) "Security record" means any record that relates to285
protecting or maintaining the security of a public office.286

       (2) "Infrastructure record" means any record that discloses287
the configuration of a public office's critical systems or the288
infrastructure or structural configuration of the building in289
which a public office is located. "Infrastructure record" does290
not mean a simple floor plan that discloses only the spatial291
relationship of components of a public office or the building in292
which a public office is located.293

        (B) A record kept by a public office that is a security294
record or an infrastructure record is not a public record under295
section 149.43 of the Revised Code and is not subject to mandatory296
release or disclosure under that section.297

       (C) Notwithstanding any other section of the Revised Code, a298
public office's or a public employee's disclosure of a security299
record or infrastructure record that is necessary for300
construction, renovation, or remodeling work on any public301
building or project does not constitute public disclosure for302
purposes of waiving division (B) of this section and does not303
result in that record becoming a public record for purposes of304
section 149.43 of the Revised Code.305

       Sec. 2152.201. (A) In addition to any other dispositions306
authorized or required by this chapter, the juvenile court making307
disposition of a child adjudicated a delinquent child for308
committing a violation of section 2909.22, 2909.23, or 2909.24 of309
the Revised Code or a violation of section 2921.32 of the Revised310
Code when the offense or act committed by the person aided or to311
be aided as described in that section is an act of terrorism may312
order the child to pay to the state, municipal, or county law313
enforcement agencies that handled the investigation and314
prosecution all of the costs that the state, municipal315
corporation, or county reasonably incurred in the investigation316
and prosecution of the violation. The court shall hold a hearing317
to determine the amount of costs to be imposed under this section.318
The court may hold the hearing as part of the dispositional319
hearing for the child.320

        (B) If a child is adjudicated a delinquent child for321
committing a violation of section 2909.23 or 2909.24 of the322
Revised Code and if any political subdivision incurred any323
response costs as a result of, or in making any response to, the324
threat of the specified offense involved in the violation of325
section 2909.23 of the Revised Code or the actual specified326
offense involved in the violation of section 2909.24 of the327
Revised Code, in addition to any other dispositions authorized or328
required by this chapter, the juvenile court making disposition of329
the child for the violation may order the child to reimburse the330
involved political subdivision for the response costs it so331
incurred.332

       (C) As used in this section, "response costs" and "act of333
terrorism" have the same meanings as in section 2909.21 of the334
Revised Code.335

       Sec. 2901.01.  (A) As used in the Revised Code:336

       (1) "Force" means any violence, compulsion, or constraint337
physically exerted by any means upon or against a person or thing.338

       (2) "Deadly force" means any force that carries a339
substantial risk that it will proximately result in the death of340
any person.341

       (3) "Physical harm to persons" means any injury, illness, or342
other physiological impairment, regardless of its gravity or343
duration.344

       (4) "Physical harm to property" means any tangible or345
intangible damage to property that, in any degree, results in loss346
to its value or interferes with its use or enjoyment. "Physical347
harm to property" does not include wear and tear occasioned by348
normal use.349

       (5) "Serious physical harm to persons" means any of the350
following:351

       (a) Any mental illness or condition of such gravity as would352
normally require hospitalization or prolonged psychiatric353
treatment;354

       (b) Any physical harm that carries a substantial risk of355
death;356

       (c) Any physical harm that involves some permanent357
incapacity, whether partial or total, or that involves some358
temporary, substantial incapacity;359

       (d) Any physical harm that involves some permanent360
disfigurement or that involves some temporary, serious361
disfigurement;362

       (e) Any physical harm that involves acute pain of such363
duration as to result in substantial suffering or that involves364
any degree of prolonged or intractable pain.365

       (6) "Serious physical harm to property" means any physical366
harm to property that does either of the following:367

       (a) Results in substantial loss to the value of the property368
or requires a substantial amount of time, effort, or money to369
repair or replace;370

       (b) Temporarily prevents the use or enjoyment of the371
property or substantially interferes with its use or enjoyment for372
an extended period of time.373

       (7) "Risk" means a significant possibility, as contrasted374
with a remote possibility, that a certain result may occur or that375
certain circumstances may exist.376

       (8) "Substantial risk" means a strong possibility, as377
contrasted with a remote or significant possibility, that a378
certain result may occur or that certain circumstances may exist.379

       (9) "Offense of violence" means any of the following:380

       (a) A violation of section 2903.01, 2903.02, 2903.03,381
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,382
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,383
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,384
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or385
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or386
of division (B)(1), (2), (3), or (4) of section 2919.22 of the387
Revised Code or felonious sexual penetration in violation of388
former section 2907.12 of the Revised Code;389

       (b) A violation of an existing or former municipal ordinance390
or law of this or any other state or the United States,391
substantially equivalent to any section, division, or offense392
listed in division (A)(9)(a) of this section;393

       (c) An offense, other than a traffic offense, under an394
existing or former municipal ordinance or law of this or any other395
state or the United States, committed purposely or knowingly, and396
involving physical harm to persons or a risk of serious physical397
harm to persons;398

       (d) A conspiracy or attempt to commit, or complicity in399
committing, any offense under division (A)(9)(a), (b), or (c) of400
this section.401

       (10)(a) "Property" means any property, real or personal,402
tangible or intangible, and any interest or license in that403
property. "Property" includes, but is not limited to, cable404
television service, other telecommunications service,405
telecommunications devices, information service, computers, data,406
computer software, financial instruments associated with407
computers, other documents associated with computers, or copies of408
the documents, whether in machine or human readable form, trade409
secrets, trademarks, copyrights, patents, and property protected410
by a trademark, copyright, or patent. "Financial instruments411
associated with computers" include, but are not limited to,412
checks, drafts, warrants, money orders, notes of indebtedness,413
certificates of deposit, letters of credit, bills of credit or414
debit cards, financial transaction authorization mechanisms,415
marketable securities, or any computer system representations of416
any of them.417

       (b) As used in division (A)(10) of this section, "trade418
secret" has the same meaning as in section 1333.61 of the Revised419
Code, and "telecommunications service" and "information service"420
have the same meanings as in section 2913.01 of the Revised Code.421

       (c) As used in divisions (A)(10) and (13) of this section,422
"cable television service," "computer," "computer software,"423
"computer system," "computer network," "data," and424
"telecommunications device" have the same meanings as in section425
2913.01 of the Revised Code.426

       (11) "Law enforcement officer" means any of the following:427

       (a) A sheriff, deputy sheriff, constable, police officer of428
a township or joint township police district, marshal, deputy429
marshal, municipal police officer, member of a police force430
employed by a metropolitan housing authority under division (D) of431
section 3735.31 of the Revised Code, or state highway patrol432
trooper;433

       (b) An officer, agent, or employee of the state or any of434
its agencies, instrumentalities, or political subdivisions, upon435
whom, by statute, a duty to conserve the peace or to enforce all436
or certain laws is imposed and the authority to arrest violators437
is conferred, within the limits of that statutory duty and438
authority;439

       (c) A mayor, in the mayor's capacity as chief conservator of440
the peace within the mayor's municipal corporation;441

       (d) A member of an auxiliary police force organized by442
county, township, or municipal law enforcement authorities, within443
the scope of the member's appointment or commission;444

       (e) A person lawfully called pursuant to section 311.07 of445
the Revised Code to aid a sheriff in keeping the peace, for the446
purposes and during the time when the person is called;447

       (f) A person appointed by a mayor pursuant to section 737.01448
of the Revised Code as a special patrolling officer during riot or449
emergency, for the purposes and during the time when the person is450
appointed;451

       (g) A member of the organized militia of this state or the452
armed forces of the United States, lawfully called to duty to aid453
civil authorities in keeping the peace or protect against domestic454
violence;455

       (h) A prosecuting attorney, assistant prosecuting attorney,456
secret service officer, or municipal prosecutor;457

       (i) An Ohio veterans' home police officer appointed under458
section 5907.02 of the Revised Code;459

       (j) A member of a police force employed by a regional460
transit authority under division (Y) of section 306.35 of the461
Revised Code;462

       (k) A special police officer employed by a port authority463
under section 4582.04 or 4582.28 of the Revised Code;464

       (l) The house sergeant at arms if the house sergeant at arms465
has arrest authority pursuant to division (E)(1) of section466
101.311 of the Revised Code and an assistant house sergeant at467
arms.468

       (12) "Privilege" means an immunity, license, or right469
conferred by law, bestowed by express or implied grant, arising470
out of status, position, office, or relationship, or growing out471
of necessity.472

       (13) "Contraband" means any property described in the473
following categories:474

       (a) Property that in and of itself is unlawful for a person475
to acquire or possess;476

       (b) Property that is not in and of itself unlawful for a477
person to acquire or possess, but that has been determined by a478
court of this state, in accordance with law, to be contraband479
because of its use in an unlawful activity or manner, of its480
nature, or of the circumstances of the person who acquires or481
possesses it, including, but not limited to, goods and personal482
property described in division (D) of section 2913.34 of the483
Revised Code;484

       (c) Property that is specifically stated to be contraband by485
a section of the Revised Code or by an ordinance, regulation, or486
resolution;487

       (d) Property that is forfeitable pursuant to a section of488
the Revised Code, or an ordinance, regulation, or resolution,489
including, but not limited to, forfeitable firearms, dangerous490
ordnance, obscene materials, and goods and personal property491
described in division (D) of section 2913.34 of the Revised Code;492

       (e) Any controlled substance, as defined in section 3719.01493
of the Revised Code, or any device, paraphernalia, money as494
defined in section 1301.01 of the Revised Code, or other means of495
exchange that has been, is being, or is intended to be used in an496
attempt or conspiracy to violate, or in a violation of, Chapter497
2925. or 3719. of the Revised Code;498

       (f) Any gambling device, paraphernalia, money as defined in499
section 1301.01 of the Revised Code, or other means of exchange500
that has been, is being, or is intended to be used in an attempt501
or conspiracy to violate, or in the violation of, Chapter 2915. of502
the Revised Code;503

       (g) Any equipment, machine, device, apparatus, vehicle,504
vessel, container, liquid, or substance that has been, is being,505
or is intended to be used in an attempt or conspiracy to violate,506
or in the violation of, any law of this state relating to alcohol507
or tobacco;508

       (h) Any personal property that has been, is being, or is509
intended to be used in an attempt or conspiracy to commit, or in510
the commission of, any offense or in the transportation of the511
fruits of any offense;512

       (i) Any property that is acquired through the sale or other513
transfer of contraband or through the proceeds of contraband,514
other than by a court or a law enforcement agency acting within515
the scope of its duties;516

       (j) Any computer, computer system, computer network,517
computer software, or other telecommunications device that is used518
in a conspiracy to commit, an attempt to commit, or the commission519
of any offense, if the owner of the computer, computer system,520
computer network, computer software, or other telecommunications521
device is convicted of or pleads guilty to the offense in which it522
is used;523

       (k) Any property that is material support or resources and524
that has been, is being, or is intended to be used in an attempt525
or conspiracy to violate, or in the violation of, section 2909.22,526
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of527
the Revised Code when the offense or act committed by the person528
aided or to be aided as described in that section is an act of529
terrorism. As used in division (A)(13)(k) of this section,530
"material support or resources" and "act of terrorism" have the531
same meanings as in section 2909.21 of the Revised Code.532

       (14) A person is "not guilty by reason of insanity" relative533
to a charge of an offense only if the person proves, in the manner534
specified in section 2901.05 of the Revised Code, that at the time535
of the commission of the offense, the person did not know, as a536
result of a severe mental disease or defect, the wrongfulness of537
the person's acts.538

       (B)(1)(a) Subject to division (B)(2) of this section, as539
used in any section contained in Title XXIX of the Revised Code540
that sets forth a criminal offense, "person" includes all of the541
following:542

       (i) An individual, corporation, business trust, estate,543
trust, partnership, and association;544

       (ii) An unborn human who is viable.545

       (b) As used in any section contained in Title XXIX of the546
Revised Code that does not set forth a criminal offense, "person"547
includes an individual, corporation, business trust, estate,548
trust, partnership, and association.549

       (c) As used in division (B)(1)(a) of this section:550

       (i) "Unborn human" means an individual organism of the551
species Homo sapiens from fertilization until live birth.552

       (ii) "Viable" means the stage of development of a human553
fetus at which there is a realistic possibility of maintaining and554
nourishing of a life outside the womb with or without temporary555
artificial life-sustaining support.556

       (2) Notwithstanding division (B)(1)(a) of this section, in557
no case shall the portion of the definition of the term "person"558
that is set forth in division (B)(1)(a)(ii) of this section be559
applied or construed in any section contained in Title XXIX of the560
Revised Code that sets forth a criminal offense in any of the561
following manners:562

       (a) Except as otherwise provided in division (B)(2)(a) of563
this section, in a manner so that the offense prohibits or is564
construed as prohibiting any pregnant woman or her physician from565
performing an abortion with the consent of the pregnant woman,566
with the consent of the pregnant woman implied by law in a medical567
emergency, or with the approval of one otherwise authorized by law568
to consent to medical treatment on behalf of the pregnant woman.569
An abortion that violates the conditions described in the570
immediately preceding sentence may be punished as a violation of571
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,572
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22573
of the Revised Code, as applicable. An abortion that does not574
violate the conditions described in the second immediately575
preceding sentence, but that does violate section 2919.12,576
division (B) of section 2919.13, or section 2919.151, 2919.17, or577
2919.18 of the Revised Code, may be punished as a violation of578
section 2919.12, division (B) of section 2919.13, or section579
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.580
Consent is sufficient under this division if it is of the type581
otherwise adequate to permit medical treatment to the pregnant582
woman, even if it does not comply with section 2919.12 of the583
Revised Code.584

       (b) In a manner so that the offense is applied or is585
construed as applying to a woman based on an act or omission of586
the woman that occurs while she is or was pregnant and that587
results in any of the following:588

       (i) Her delivery of a stillborn baby;589

       (ii) Her causing, in any other manner, the death in utero of590
a viable, unborn human that she is carrying;591

       (iii) Her causing the death of her child who is born alive592
but who dies from one or more injuries that are sustained while593
the child is a viable, unborn human;594

       (iv) Her causing her child who is born alive to sustain one595
or more injuries while the child is a viable, unborn human;596

       (v) Her causing, threatening to cause, or attempting to597
cause, in any other manner, an injury, illness, or other598
physiological impairment, regardless of its duration or gravity,599
or a mental illness or condition, regardless of its duration or600
gravity, to a viable, unborn human that she is carrying.601

       (C) As used in Title XXIX of the Revised Code:602

       (1) "School safety zone" consists of a school, school603
building, school premises, school activity, and school bus.604

       (2) "School," "school building," and "school premises" have605
the same meanings as in section 2925.01 of the Revised Code.606

       (3) "School activity" means any activity held under the607
auspices of a board of education of a city, local, exempted608
village, joint vocational, or cooperative education school609
district, a governing board of an educational service center, or610
the governing body of a school for which the state board of611
education prescribes minimum standards under section 3301.07 of612
the Revised Code.613

       (4) "School bus" has the same meaning as in section 4511.01614
of the Revised Code.615

       Sec. 2903.01.  (A) No person shall purposely, and with prior616
calculation and design, cause the death of another or the unlawful617
termination of another's pregnancy.618

       (B) No person shall purposely cause the death of another or619
the unlawful termination of another's pregnancy while committing620
or attempting to commit, or while fleeing immediately after621
committing or attempting to commit, kidnapping, rape, aggravated622
arson or, arson, aggravated robbery or, robbery, aggravated623
burglary or, burglary, terrorism, or escape.624

       (C) No person shall purposely cause the death of another who625
is under thirteen years of age at the time of the commission of626
the offense.627

       (D) No person who is under detention as a result of having628
been found guilty of or having pleaded guilty to a felony or who629
breaks that detention shall purposely cause the death of another.630

       (E) No person shall purposely cause the death of a law631
enforcement officer whom the offender knows or has reasonable632
cause to know is a law enforcement officer when either of the633
following applies:634

       (1) The victim, at the time of the commission of the635
offense, is engaged in the victim's duties.636

       (2) It is the offender's specific purpose to kill a law637
enforcement officer.638

       (F) Whoever violates this section is guilty of aggravated639
murder, and shall be punished as provided in section 2929.02 of640
the Revised Code.641

       (G) As used in this section:642

       (1) "Detention" has the same meaning as in section 2921.01643
of the Revised Code.644

       (2) "Law enforcement officer" has the same meaning as in645
section 2911.01 of the Revised Code.646

       Sec. 2909.21. As used in sections 2909.21 to 2909.25 of the647
Revised Code:648

        (A) "Act of terrorism" means an act that is committed649
within or outside the territorial jurisdiction of this state or650
the United States, that constitutes a specified offense if651
committed in this state or constitutes an offense in any652
jurisdiction within or outside the territorial jurisdiction of the653
United States containing all of the essential elements of a654
specified offense, and that is intended to do one or more of the655
following:656

        (1) Intimidate or coerce a civilian population;657

        (2) Influence the policy of any government by intimidation658
or coercion;659

        (3) Affect the conduct of any government by the act that660
constitutes the offense.661

        (B) "Material support or resources" means currency, payment662
instruments, other financial securities, financial services,663
lodging, training, safehouses, false documentation or664
identification, communications equipment, facilities, weapons,665
lethal substances, explosives, personnel, transportation, and666
other physical assets, except medicine or religious materials.667

        (C) "Payment instrument" means a check, draft, money order,668
traveler's check, cashier's check, teller's check, or other669
instrument or order for the transmission or payment of money,670
regardless of whether the item in question is negotiable.671

       (D) "Response costs" means all costs a political subdivision672
incurs as a result of, or in making any response to, a threat of a673
specified offense made as described in section 2909.23 of the674
Revised Code or a specified offense committed as described in675
section 2909.24 of the Revised Code, including, but not limited676
to, all costs so incurred by any law enforcement officers,677
firefighters, rescue personnel, or emergency medical services678
personnel of the political subdivision and all costs so incurred679
by the political subdivision that relate to laboratory testing or680
hazardous material cleanup.681

       (E) "Specified offense" means any of the following:682

        (1) A felony offense of violence, a violation of section683
2909.04 or 2927.24 of the Revised Code, or a felony of the first684
degree that is not a violation of any provision in Chapter 2925.685
or 3719. of the Revised Code;686

        (2) An attempt to commit, complicity in committing, or a687
conspiracy to commit an offense listed in division (E)(1) of this688
section.689

       Sec. 2909.22. (A) No person shall raise, solicit, collect,690
donate, or provide any material support or resources, with purpose691
that the material support or resources will be used in whole or in692
part to plan, prepare, carry out, or aid in either an act of693
terrorism or the concealment of, or an escape from, an act of694
terrorism.695

        (B) Whoever violates this section is guilty of soliciting696
or providing support for an act of terrorism, a felony of the697
third degree. Section 2909.25 of the Revised Code applies698
regarding an offender who is convicted of or pleads guilty to a699
violation of this section. 700

       (C) A prosecution for a violation of this section does not701
preclude a prosecution for a violation of any other section of the702
Revised Code. One or more acts, a series of acts, or a course of703
behavior that can be prosecuted under this section or any other704
section of the Revised Code may be prosecuted under this section,705
the other section, or both sections. 706

       Sec. 2909.23. (A) No person shall threaten to commit or707
threaten to cause to be committed a specified offense when both of708
the following apply:709

        (1) The person makes the threat with purpose to do any of710
the following:711

       (a) Intimidate or coerce a civilian population;712

       (b) Influence the policy of any government by intimidation or713
coercion;714

       (c) Affect the conduct of any government by the threat or by715
the specified offense.716

        (2) As a result of the threat, the person causes a717
reasonable expectation or fear of the imminent commission of the718
specified offense.719

        (B) It is not a defense to a charge of a violation of this720
section that the defendant did not have the intent or capability721
to commit the threatened specified offense or that the threat was722
not made to a person who was a subject of the threatened specified723
offense.724

        (C) Whoever violates this section is guilty of making a725
terroristic threat, a felony of the third degree. Section 2909.25726
of the Revised Code applies regarding an offender who is convicted727
of or pleads guilty to a violation of this section.728

       Sec. 2909.24. (A) No person shall commit a specified offense729
with purpose to do any of the following:730

        (1) Intimidate or coerce a civilian population;731

        (2) Influence the policy of any government by intimidation732
or coercion;733

        (3) Affect the conduct of any government by the specified734
offense.735

        (B)(1) Whoever violates this section is guilty of736
terrorism.737

        (2) Except as otherwise provided in divisions (B)(3) and738
(4) of this section, terrorism is an offense one degree higher739
than the most serious underlying specified offense the defendant740
committed.741

        (3) If the most serious underlying specified offense the742
defendant committed is a felony of the first degree or murder, the743
person shall be sentenced to life imprisonment without parole.744

        (4) If the most serious underlying specified offense the745
defendant committed is aggravated murder, the offender shall be746
sentenced to life imprisonment without parole or death pursuant to747
sections 2929.02 to 2929.06 of the Revised Code.748

       (5) Section 2909.25 of the Revised Code applies regarding an749
offender who is convicted of or pleads guilty to a violation of750
this section.751

       Sec. 2909.25. (A) In addition to the financial sanctions752
authorized under section 2929.18 of the Revised Code, the court753
imposing sentence upon an offender who is convicted of or pleads754
guilty to a violation of section 2909.22, 2909.23, or 2909.24 of755
the Revised Code or to a violation of section 2921.32 of the756
Revised Code when the offense or act committed by the person aided757
or to be aided as described in that section is an act of terrorism758
may order the offender to pay to the state, municipal, or county759
law enforcement agencies that handled the investigation and760
prosecution all of the costs that the state, municipal761
corporation, or county reasonably incurred in the investigation762
and prosecution of the violation. The court shall hold a hearing763
to determine the amount of costs to be imposed under this section.764
The court may hold the hearing as part of the sentencing hearing765
for the offender.766

       (B) If a person is convicted of or pleads guilty to a767
violation of section 2909.23 or 2909.24 of the Revised Code and if768
any political subdivision incurred any response costs as a result769
of, or in making any response to, the threat of the specified770
offense involved in the violation of section 2909.23 of the771
Revised Code or the actual specified offense involved in the772
violation of section 2909.24 of the Revised Code, in addition to773
the financial sanctions authorized under section 2929.18 of the774
Revised Code, the court imposing sentence upon the offender for775
the violation may order the offender to reimburse the involved776
political subdivision for the response costs it so incurred. 777

       Sec. 2921.32.  (A) No person, with purpose to hinder the778
discovery, apprehension, prosecution, conviction, or punishment of779
another for crime or to assist another to benefit from the780
commission of a crime, and no person, with purpose to hinder the781
discovery, apprehension, prosecution, adjudication as a delinquent782
child, or disposition of a child for an act that if committed by783
an adult would be a crime or to assist a child to benefit from the784
commission of an act that if committed by an adult would be a785
crime, shall do any of the following:786

       (1) Harbor or conceal the other person or child;787

       (2) Provide the other person or child with money,788
transportation, a weapon, a disguise, or other means of avoiding789
discovery or apprehension;790

       (3) Warn the other person or child of impending discovery or791
apprehension;792

       (4) Destroy or conceal physical evidence of the crime or793
act, or induce any person to withhold testimony or information or794
to elude legal process summoning the person to testify or supply795
evidence;796

       (5) Communicate false information to any person;797

       (6) Prevent or obstruct any person, by means of force,798
intimidation, or deception, from performing any act to aid in the799
discovery, apprehension, or prosectuion of the other person or800
child.801

       (B) A person may be prosecuted for, and may be convicted of802
or adjudicated a delinquent child for committing, a violation of803
division (A) of this section regardless of whether the person or804
child aided ultimately is apprehended for, is charged with, is805
convicted of, pleads guilty to, or is adjudicated a delinquent806
child for committing the crime or act the person or child aided807
committed. The crime or act the person or child aided committed808
shall be used under division (C) of this section in determining809
the penalty for the violation of division (A) of this section,810
regardless of whether the person or child aided ultimately is811
apprehended for, is charged with, is convicted of, pleads guilty812
to, or is adjudicated a delinquent child for committing the crime813
or act the person or child aided committed.814

       (C)(1) Whoever violates this section is guilty of815
obstructing justice.816

       (2) If the crime committed by the person aided is a817
misdemeanor or if the act committed by the child aided would be a818
misdemeanor if committed by an adult, obstructing justice is a819
misdemeanor of the same degree as the crime committed by the820
person aided or a misdemeanor of the same degree that the act821
committed by the child aided would be if committed by an adult.822

       (3) Except as otherwise provided in division (B)divisions823
(C)(4) and (5) of this section, if the crime committed by the824
person aided is a felony or if the act committed by the child825
aided would be a felony if committed by an adult, obstructing826
justice is a felony of the fifth degree.827

       (4) If the crime committed by the person aided is aggravated828
murder, murder, or a felony of the first or second degree or if829
the act committed by the child aided would be one of those830
offenses if committed by an adult and if the offender knows or has831
reason to believe that the crime committed by the person aided is832
one of those offenses or that the act committed by the child aided833
would be one of those offenses if committed by an adult,834
obstructing justice is a felony of the third degree.835

       (C)(5) If the crime or act committed by the person or child836
aided is an act of terrorism, obstructing justice is one of the837
following:838

       (a) Except as provided in division (C)(5)(b) of this section,839
a felony of the second degree;840

       (b) If the act of terrorism resulted in the death of a person841
who was not a participant in the act of terrorism, a felony of the842
first degree.843

       (D) As used in this section:844

       (1) "Adult" and "child" have the same meanings as in section845
2151.011 of the Revised Code.846

       (2) "Delinquent child" has the same meaning as in section 847
2152.02 of the Revised Code.848

       (3) "Act of terrorism" has the same meaning as in section849
2909.21 of the Revised Code.850

       Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the851
Revised Code:852

       (A) "Beneficial interest" means any of the following:853

       (1) The interest of a person as a beneficiary under a trust854
in which the trustee holds title to personal or real property;855

       (2) The interest of a person as a beneficiary under any856
other trust arrangement under which any other person holds title857
to personal or real property for the benefit of such person;858

       (3) The interest of a person under any other form of express859
fiduciary arrangement under which any other person holds title to860
personal or real property for the benefit of such person.861

       "Beneficial interest" does not include the interest of a862
stockholder in a corporation or the interest of a partner in863
either a general or limited partnership.864

       (B) "Costs of investigation and prosecution" and "costs of865
investigation and litigation" mean all of the costs incurred by866
the state or a county or municipal corporation under sections867
2923.31 to 2923.36 of the Revised Code in the prosecution and868
investigation of any criminal action or in the litigation and869
investigation of any civil action, and includes, but is not870
limited to, the costs of resources and personnel.871

       (C) "Enterprise" includes any individual, sole872
proprietorship, partnership, limited partnership, corporation,873
trust, union, government agency, or other legal entity, or any874
organization, association, or group of persons associated in fact875
although not a legal entity. "Enterprise" includes illicit as876
well as licit enterprises.877

       (D) "Innocent person" includes any bona fide purchaser of878
property that is allegedly involved in a violation of section879
2923.32 of the Revised Code, including any person who establishes880
a valid claim to or interest in the property in accordance with881
division (E) of section 2923.32 of the Revised Code, and any882
victim of an alleged violation of that section or of any883
underlying offense involved in an alleged violation of that884
section.885

       (E) "Pattern of corrupt activity" means two or more886
incidents of corrupt activity, whether or not there has been a887
prior conviction, that are related to the affairs of the same888
enterprise, are not isolated, and are not so closely related to889
each other and connected in time and place that they constitute a890
single event.891

       At least one of the incidents forming the pattern shall occur892
on or after January 1, 1986. Unless any incident was an893
aggravated murder or murder, the last of the incidents forming the894
pattern shall occur within six years after the commission of any895
prior incident forming the pattern, excluding any period of896
imprisonment served by any person engaging in the corrupt897
activity.898

       For the purposes of the criminal penalties that may be899
imposed pursuant to section 2923.32 of the Revised Code, at least900
one of the incidents forming the pattern shall constitute a felony901
under the laws of this state in existence at the time it was902
committed or, if committed in violation of the laws of the United903
States or of any other state, shall constitute a felony under the904
law of the United States or the other state and would be a905
criminal offense under the law of this state if committed in this906
state.907

       (F) "Pecuniary value" means money, a negotiable instrument,908
a commercial interest, or anything of value, as defined in section909
1.03 of the Revised Code, or any other property or service that910
has a value in excess of one hundred dollars.911

       (G) "Person" means any person, as defined in section 1.59 of912
the Revised Code, and any governmental officer, employee, or913
entity.914

       (H) "Personal property" means any personal property, any915
interest in personal property, or any right, including, but not916
limited to, bank accounts, debts, corporate stocks, patents, or917
copyrights. Personal property and any beneficial interest in918
personal property are deemed to be located where the trustee of919
the property, the personal property, or the instrument evidencing920
the right is located.921

       (I) "Corrupt activity" means engaging in, attempting to922
engage in, conspiring to engage in, or soliciting, coercing, or923
intimidating another person to engage in any of the following:924

       (1) Conduct defined as "racketeering activity" under the925
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.926
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;927

       (2) Conduct constituting any of the following:928

       (a) A violation of section 1315.55, 1322.02, 2903.01,929
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,930
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,931
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,932
2911.13, 2911.31, 2913.05, 2913.06, 2921.02, 2921.03, 2921.04,933
2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or934
2923.17; division (F)(1)(a), (b), or (c) of section 1315.53;935
division (A)(1) or (2) of section 1707.042; division (B), (C)(4),936
(D), (E), or (F) of section 1707.44; division (A)(1) or (2) of937
section 2923.20; division (J)(1) of section 4712.02; section938
4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section939
4719.07; section 4719.08; or division (A) of section 4719.09 of940
the Revised Code.941

       (b) Any violation of section 3769.11, 3769.15, 3769.16, or942
3769.19 of the Revised Code as it existed prior to July 1, 1996,943
any violation of section 2915.02 of the Revised Code that occurs944
on or after July 1, 1996, and that, had it occurred prior to that945
date, would have been a violation of section 3769.11 of the946
Revised Code as it existed prior to that date, or any violation of947
section 2915.05 of the Revised Code that occurs on or after July948
1, 1996, and that, had it occurred prior to that date, would have949
been a violation of section 3769.15, 3769.16, or 3769.19 of the950
Revised Code as it existed prior to that date.951

       (c) Any violation of section 2907.21, 2907.22, 2907.31,952
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,953
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37954
of the Revised Code, any violation of section 2925.11 of the955
Revised Code that is a felony of the first, second, third, or956
fourth degree and that occurs on or after July 1, 1996, any957
violation of section 2915.02 of the Revised Code that occurred958
prior to July 1, 1996, any violation of section 2915.02 of the959
Revised Code that occurs on or after July 1, 1996, and that, had960
it occurred prior to that date, would not have been a violation of961
section 3769.11 of the Revised Code as it existed prior to that962
date, any violation of section 2915.06 of the Revised Code as it963
existed prior to July 1, 1996, or any violation of division (B) of964
section 2915.05 of the Revised Code as it exists on and after July965
1, 1996, when the proceeds of the violation, the payments made in966
the violation, the amount of a claim for payment or for any other967
benefit that is false or deceptive and that is involved in the968
violation, or the value of the contraband or other property969
illegally possessed, sold, or purchased in the violation exceeds970
five hundred dollars, or any combination of violations described971
in division (I)(2)(c) of this section when the total proceeds of972
the combination of violations, payments made in the combination of973
violations, amount of the claims for payment or for other benefits974
that is false or deceptive and that is involved in the combination975
of violations, or value of the contraband or other property976
illegally possessed, sold, or purchased in the combination of977
violations exceeds five hundred dollars;978

       (d) Any violation of section 5743.112 of the Revised Code979
when the amount of unpaid tax exceeds one hundred dollars;980

       (e) Any violation or combination of violations of section981
2907.32 of the Revised Code involving any material or performance982
containing a display of bestiality or of sexual conduct, as983
defined in section 2907.01 of the Revised Code, that is explicit984
and depicted with clearly visible penetration of the genitals or985
clearly visible penetration by the penis of any orifice when the986
total proceeds of the violation or combination of violations, the987
payments made in the violation or combination of violations, or988
the value of the contraband or other property illegally possessed,989
sold, or purchased in the violation or combination of violations990
exceeds five hundred dollars;991

       (f) Any combination of violations described in division992
(I)(2)(c) of this section and violations of section 2907.32 of the993
Revised Code involving any material or performance containing a994
display of bestiality or of sexual conduct, as defined in section995
2907.01 of the Revised Code, that is explicit and depicted with996
clearly visible penetration of the genitals or clearly visible997
penetration by the penis of any orifice when the total proceeds of998
the combination of violations, payments made in the combination of999
violations, amount of the claims for payment or for other benefits1000
that is false or deceptive and that is involved in the combination1001
of violations, or value of the contraband or other property1002
illegally possessed, sold, or purchased in the combination of1003
violations exceeds five hundred dollars.1004

       (3) Conduct constituting a violation of any law of any state1005
other than this state that is substantially similar to the conduct1006
described in division (I)(2) of this section, provided the1007
defendant was convicted of the conduct in a criminal proceeding in1008
the other state.1009

       (J) "Real property" means any real property or any interest1010
in real property, including, but not limited to, any lease of, or1011
mortgage upon, real property. Real property and any beneficial1012
interest in it is deemed to be located where the real property is1013
located.1014

       (K) "Trustee" means any of the following:1015

       (1) Any person acting as trustee under a trust in which the1016
trustee holds title to personal or real property;1017

       (2) Any person who holds title to personal or real property1018
for which any other person has a beneficial interest;1019

       (3) Any successor trustee.1020

       "Trustee" does not include an assignee or trustee for an1021
insolvent debtor or an executor, administrator, administrator with1022
the will annexed, testamentary trustee, guardian, or committee,1023
appointed by, under the control of, or accountable to a court.1024

       (L) "Unlawful debt" means any money or other thing of value1025
constituting principal or interest of a debt that is legally1026
unenforceable in this state in whole or in part because the debt1027
was incurred or contracted in violation of any federal or state1028
law relating to the business of gambling activity or relating to1029
the business of lending money at an usurious rate unless the1030
creditor proves, by a preponderance of the evidence, that the1031
usurious rate was not intentionally set and that it resulted from1032
a good faith error by the creditor, notwithstanding the1033
maintenance of procedures that were adopted by the creditor to1034
avoid an error of that nature.1035

       Sec. 2927.24.  (A) As used in this section:1036

       (1) "Poison" has the same meaning as in section 3719.01 of1037
the Revised Code.1038

       (2) "Drug" has the same meaning as in section 4729.01 of the1039
Revised Code.1040

       (3) "Hazardous chemical, biological, or radioactive1041
substance" means any of the following:1042

        (a) Any toxic or poisonous chemical, the precursor of any1043
toxic or poisonous chemical, or any toxin;1044

        (b) Any disease organism or biological agent;1045

        (c) Any substance or item that releases or is designed to1046
release radiation or radioactivity at a level dangerous to human1047
life.1048

        (4) "Biological agent" means any microorganism, virus,1049
infectious substance, or biological product that may be engineered1050
through biotechnology, or any naturally occurring or bioengineered1051
component of any microorganism, virus, infectious substance, or1052
biological product that may be engineered through biotechnology,1053
capable of causing death, disease, or other biological malfunction1054
in a human, an animal, a plant, or another living organism,1055
deterioration of food, water, equipment, supplies, or material of1056
any kind, or deleterious alteration of the environment.1057

        (5) "Toxin" means the toxic material of plants, animals,1058
microorganisms, viruses, fungi, or infectious substances, or a1059
recombinant molecule, whatever its origin or method of1060
reproduction, including, but not limited to, any poisonous1061
substance or biological product that may be engineered through1062
biotechnology or produced by a living organism and any poisonous1063
isomer or biological product, homolog, or derivative of any1064
substance or product of that nature.1065

       (B) Except as provided in division (D) of this section, no1066
person shall knowinglydo any of the following:1067

       (1) Knowingly mingle a poison, hazardous chemical,1068
biological, or radioactive substance, or other harmful substance1069
with a food, drink, nonprescription drug, prescription drug, or1070
pharmaceutical product, or knowingly place a poison, hazardous1071
chemical, biological, or radioactive substance, or other harmful1072
substance in a spring, well, reservoir, or public water supply, if1073
the person knows or has reason to know that the food, drink,1074
nonprescription drug, prescription drug, pharmaceutical product,1075
or water may be ingested or used by another person. For purposes1076
of this division, a person does not know or have reason to know1077
that water may be ingested or used by another person if it is1078
disposed of as waste into a household drain including the drain of1079
a toilet, sink, tub, or floor.1080

       (2) Knowingly release into the air, knowingly leave in any1081
public place, or knowingly expose one or more persons to any1082
hazardous chemical, biological, or radioactive substance with the1083
intent to cause, or create a risk of, death or serious physical1084
harm to any person.1085

       (C) No person shall informdo any of the following:1086

       (1) Inform another person that a poison, hazardous chemical,1087
biological, or radioactive substance, or other harmful substance1088
has been or will be placed in a food, drink, nonprescription drug,1089
prescription drug, or other pharmaceutical product, spring, well,1090
reservoir, or public water supply, if the placement of the poison1091
or other harmful substance would be a violation of division (B)(1)1092
of this section, and the person knows both that the information is1093
false and that the information likely will be disseminated to the1094
public.1095

       (2) Inform another person that a hazardous chemical,1096
biological, or radioactive substance has been or will be released1097
into the air or left in a public place, or that one or more1098
persons has been or will be exposed to a hazardous chemical,1099
biological, or radioactive substance, if the release, leaving, or1100
exposure of the hazardous chemical, biological, or radioactive1101
substance would be a violation of division (B)(2) of this section,1102
and the person knows both that the information is false and that1103
the information likely will be disseminated to the general public.1104

       (D)(1) A person may mingle a drug with a food or drink for1105
the purpose of causing the drug to be ingested or used in the1106
quantity described by its labeling or prescription.1107

       (2) A person may place a poison or other harmful substance1108
in a spring, well, reservoir, or public water supply in such1109
quantity as is necessary to treat the spring, well, reservoir, or1110
water supply to make it safe for human consumption and use.1111

       (3) The provisions of division (A)(B) of this section shall1112
not be applied in a manner that conflicts with any other state or1113
federal law or rule relating to substances permitted to be applied1114
to or present in any food, raw or processed, any milk or milk1115
product, any meat or meat product, any type of crop, water, or1116
alcoholic or nonalcoholic beverage.1117

       (E)(1) Whoever violates division (B)(1) or (2) of this1118
section is guilty of contaminating a substance for human1119
consumption or use or contamination with a hazardous chemical,1120
biological, or radioactive substance. Except as otherwise1121
provided in this division, contaminating a substance for human1122
consumption or use or contamination with a hazardous chemical,1123
biological, or radioactive substance is a felony of the first1124
degree. If the offense involved an amount of poison, the1125
hazardous chemical, biological, or radioactive substance, or the1126
other harmful substance sufficient to cause death if ingested or1127
used by a person regarding a violation of division (B)(1) of this1128
section or sufficient to cause death to persons who are exposed to1129
it regarding a violation of division (B)(2) of this section or if1130
the offense resulted in serious physical harm to another person,1131
whoever violates division (B)(1) or (2) of this section shall be1132
imprisoned for life with parole eligibility after serving fifteen1133
years of imprisonment.1134

       (2) Whoever violates division (C)(1) or (2) of this section1135
is guilty of spreading a false report of contamination, a felony1136
of the fourth degree.1137

       (F) Divisions (C)(1) and (2) of this section do not limit or1138
affect the application of sections 2917.31 or 2917.32 of the1139
Revised Code. Any act that is a violation of both division (C)(1)1140
or (2) of this section and of section 2917.31 or 2917.32 of the1141
Revised Code may be prosecuted under this section, section 2917.311142
or 2917.32 of the Revised Code, or both this section and section1143
2917.31 or 2917.32 of the Revised Code.1144

       Sec. 2929.04.  (A) Imposition of the death penalty for1145
aggravated murder is precluded unless one or more of the following1146
is specified in the indictment or count in the indictment pursuant1147
to section 2941.14 of the Revised Code and proved beyond a1148
reasonable doubt:1149

       (1) The offense was the assassination of the president of1150
the United States or a person in line of succession to the1151
presidency, the governor or lieutenant governor of this state, the1152
president-elect or vice president-elect of the United States, the1153
governor-elect or lieutenant governor-elect of this state, or a1154
candidate for any of the offices described in this division. For1155
purposes of this division, a person is a candidate if the person1156
has been nominated for election according to law, if the person1157
has filed a petition or petitions according to law to have the1158
person's name placed on the ballot in a primary or general1159
election, or if the person campaigns as a write-in candidate in a1160
primary or general election.1161

       (2) The offense was committed for hire.1162

       (3) The offense was committed for the purpose of escaping1163
detection, apprehension, trial, or punishment for another offense1164
committed by the offender.1165

       (4) The offense was committed while the offender was under1166
detention or while the offender was at large after having broken1167
detention. As used in division (A)(4) of this section,1168
"detention" has the same meaning as in section 2921.01 of the1169
Revised Code, except that detention does not include1170
hospitalization, institutionalization, or confinement in a mental1171
health facility or mental retardation and developmentally disabled1172
facility unless at the time of the commission of the offense1173
either of the following circumstances apply:1174

       (a) The offender was in the facility as a result of being1175
charged with a violation of a section of the Revised Code.1176

       (b) The offender was under detention as a result of being1177
convicted of or pleading guilty to a violation of a section of the1178
Revised Code.1179

       (5) Prior to the offense at bar, the offender was convicted1180
of an offense an essential element of which was the purposeful1181
killing of or attempt to kill another, or the offense at bar was1182
part of a course of conduct involving the purposeful killing of or1183
attempt to kill two or more persons by the offender.1184

       (6) The victim of the offense was a law enforcement officer,1185
as defined in section 2911.01 of the Revised Code, whom the1186
offender had reasonable cause to know or knew to be a law1187
enforcement officer as so defined, and either the victim, at the1188
time of the commission of the offense, was engaged in the victim's1189
duties, or it was the offender's specific purpose to kill a law1190
enforcement officer as so defined.1191

       (7) The offense was committed while the offender was1192
committing, attempting to commit, or fleeing immediately after1193
committing or attempting to commit kidnapping, rape, aggravated1194
arson, aggravated robbery, or aggravated burglary, and either the1195
offender was the principal offender in the commission of the1196
aggravated murder or, if not the principal offender, committed the1197
aggravated murder with prior calculation and design.1198

       (8) The victim of the aggravated murder was a witness to an1199
offense who was purposely killed to prevent the victim's testimony1200
in any criminal proceeding and the aggravated murder was not1201
committed during the commission, attempted commission, or flight1202
immediately after the commission or attempted commission of the1203
offense to which the victim was a witness, or the victim of the1204
aggravated murder was a witness to an offense and was purposely1205
killed in retaliation for the victim's testimony in any criminal1206
proceeding.1207

       (9) The offender, in the commission of the offense,1208
purposefully caused the death of another who was under thirteen1209
years of age at the time of the commission of the offense, and1210
either the offender was the principal offender in the commission1211
of the offense or, if not the principal offender, committed the1212
offense with prior calculation and design.1213

        (10) The offender, in the commission of the offense,1214
purposely caused the death of another as a result of an act of1215
terrorism, as defined in section 2909.21 of the Revised Code, or1216
the offense was committed while the offender was committing,1217
attempting to commit, or fleeing immediately after committing or1218
attempting to commit terrorism.1219

       (B) If one or more of the aggravating circumstances listed1220
in division (A) of this section is specified in the indictment or1221
count in the indictment and proved beyond a reasonable doubt, and1222
if the offender did not raise the matter of age pursuant to1223
section 2929.023 of the Revised Code or if the offender, after1224
raising the matter of age, was found at trial to have been1225
eighteen years of age or older at the time of the commission of1226
the offense, the court, trial jury, or panel of three judges shall1227
consider, and weigh against the aggravating circumstances proved1228
beyond a reasonable doubt, the nature and circumstances of the1229
offense, the history, character, and background of the offender,1230
and all of the following factors:1231

       (1) Whether the victim of the offense induced or facilitated1232
it;1233

       (2) Whether it is unlikely that the offense would have been1234
committed, but for the fact that the offender was under duress,1235
coercion, or strong provocation;1236

       (3) Whether, at the time of committing the offense, the1237
offender, because of a mental disease or defect, lacked1238
substantial capacity to appreciate the criminality of the1239
offender's conduct or to conform the offender's conduct to the1240
requirements of the law;1241

       (4) The youth of the offender;1242

       (5) The offender's lack of a significant history of prior1243
criminal convictions and delinquency adjudications;1244

       (6) If the offender was a participant in the offense but not1245
the principal offender, the degree of the offender's participation1246
in the offense and the degree of the offender's participation in1247
the acts that led to the death of the victim;1248

       (7) Any other factors that are relevant to the issue of1249
whether the offender should be sentenced to death.1250

       (C) The defendant shall be given great latitude in the1251
presentation of evidence of the factors listed in division (B) of1252
this section and of any other factors in mitigation of the1253
imposition of the sentence of death.1254

       The existence of any of the mitigating factors listed in1255
division (B) of this section does not preclude the imposition of a1256
sentence of death on the offender but shall be weighed pursuant to1257
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by1258
the trial court, trial jury, or the panel of three judges against1259
the aggravating circumstances the offender was found guilty of1260
committing.1261

       Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the1262
Revised Code:1263

       (A) "Wire communication" means an aural transfer that is1264
made in whole or in part through the use of facilities for the1265
transmission of communications by the aid of wires or similar1266
methods of connecting the point of origin of the communication and1267
the point of reception of the communication, including the use of1268
a method of connecting the point of origin and the point of1269
reception of the communication in a switching station, if the1270
facilities are furnished or operated by a person engaged in1271
providing or operating the facilities for the transmission of1272
communications. "Wire communication" includes an electronic1273
storage of a wire communication.1274

       (B) "Oral communication" means an oral communication uttered1275
by a person exhibiting an expectation that the communication is1276
not subject to interception under circumstances justifying that1277
expectation. "Oral communication" does not include an electronic1278
communication.1279

       (C) "Intercept" means the aural or other acquisition of the1280
contents of any wire, oral, or electronic communication through1281
the use of an interception device.1282

       (D) "Interception device" means an electronic, mechanical,1283
or other device or apparatus that can be used to intercept a wire,1284
oral, or electronic communication. "Interception device" does not1285
mean any of the following:1286

       (1) A telephone or telegraph instrument, equipment, or1287
facility, or any of its components, if the instrument, equipment,1288
facility, or component is any of the following:1289

       (a) Furnished to the subscriber or user by a provider of1290
wire or electronic communication service in the ordinary course of1291
its business and being used by the subscriber or user in the1292
ordinary course of its business;1293

       (b) Furnished by a subscriber or user for connection to the1294
facilities of a provider of wire or electronic communication1295
service and used in the ordinary course of that subscriber's or1296
user's business;1297

       (c) Being used by a provider of wire or electronic1298
communication service in the ordinary course of its business or by1299
an investigative or law enforcement officer in the ordinary course1300
of the officer's duties that do not involve the interception of1301
wire, oral, or electronic communications.1302

       (2) A hearing aid or similar device being used to correct1303
subnormal hearing to not better than normal.1304

       (E) "Investigative officer" means any of the following:1305

       (1) An officer of this state or a political subdivision of1306
this state, who is empowered by law to conduct investigations or1307
to make arrests for a designated offense;1308

       (2) A person described in divisions (A)(11)(a) and (b) of1309
section 2901.01 of the Revised Code;1310

       (3) An attorney authorized by law to prosecute or1311
participate in the prosecution of a designated offense;1312

       (4) A secret service officer appointed pursuant to section1313
309.07 of the Revised Code;1314

       (5) An officer of the United States, a state, or a political1315
subdivision of a state who is authorized to conduct investigations1316
pursuant to the "Electronic Communications Privacy Act of 1986,"1317
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.1318

       (F) "Interception warrant" means a court order that1319
authorizes the interception of wire, oral, or electronic1320
communications and that is issued pursuant to sections 2933.53 to1321
2933.56 of the Revised Code.1322

       (G) "Contents," when used with respect to a wire, oral, or1323
electronic communication, includes any information concerning the1324
substance, purport, or meaning of the communication.1325

       (H) "Communications common carrier" means a person who is1326
engaged as a common carrier for hire in intrastate, interstate, or1327
foreign communications by wire, radio, or radio transmission of1328
energy. "Communications common carrier" does not include, to the1329
extent that the person is engaged in radio broadcasting, a person1330
engaged in radio broadcasting.1331

       (I) "Designated offense" means any of the following:1332

       (1) A felony violation of section 1315.53, 1315.55, 2903.01,1333
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,1334
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,1335
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.04,1336
2913.42, 2913.51, 2915.02, 2915.03, 2917.01, 2917.02, 2921.02,1337
2921.03, 2921.04, 2921.32, 2921.34, 2923.20, 2923.32, 2925.03,1338
2925.04, 2925.05, or 2925.06 or of division (B) of section 2915.051339
of the Revised Code;1340

       (2) A violation of section 2919.23 of the Revised Code that,1341
had it occurred prior to July 1, 1996, would have been a violation1342
of section 2905.04 of the Revised Code as it existed prior to that1343
date;1344

       (3) A felony violation of section 2925.11 of the Revised1345
Code that is not a minor drug possession offense, as defined in1346
section 2925.01 of the Revised Code;1347

       (4) Complicity in the commission of a felony violation of a1348
section listed in division (I)(1), (2), or (3) of this section;1349

       (5) An attempt to commit, or conspiracy in the commission1350
of, a felony violation of a section listed in division (I)(1),1351
(2), or (3) of this section, if the attempt or conspiracy is1352
punishable by a term of imprisonment of more than one year.1353

       (J) "Aggrieved person" means a person who was a party to an1354
intercepted wire, oral, or electronic communication or a person1355
against whom the interception of the communication was directed.1356

       (K) "Person" means a person, as defined in section 1.59 of1357
the Revised Code, or a governmental officer, employee, or entity.1358

       (L) "Special need" means a showing that a licensed1359
physician, licensed practicing psychologist, attorney, practicing1360
cleric, journalist, or either spouse is personally engaging in1361
continuing criminal activity, was engaged in continuing criminal1362
activity over a period of time, or is committing, has committed,1363
or is about to commit, a designated offense, or a showing that1364
specified public facilities are being regularly used by someone1365
who is personally engaging in continuing criminal activity, was1366
engaged in continuing criminal activity over a period of time, or1367
is committing, has committed, or is about to commit, a designated1368
offense.1369

       (M) "Journalist" means a person engaged in, connected with,1370
or employed by, any news media, including a newspaper, magazine,1371
press association, news agency, or wire service, a radio or1372
television station, or a similar media, for the purpose of1373
gathering, processing, transmitting, compiling, editing, or1374
disseminating news for the general public.1375

       (N) "Electronic communication" means a transfer of a sign,1376
signal, writing, image, sound, datum, or intelligence of any1377
nature that is transmitted in whole or in part by a wire, radio,1378
electromagnetic, photoelectronic, or photo-optical system.1379
"Electronic communication" does not mean any of the following:1380

       (1) A wire or oral communication;1381

       (2) A communication made through a tone-only paging device;1382

       (3) A communication from an electronic or mechanical1383
tracking device that permits the tracking of the movement of a1384
person or object.1385

       (O) "User" means a person or entity that uses an electronic1386
communication service and is duly authorized by the provider of1387
the service to engage in the use of the electronic communication1388
service.1389

       (P) "Electronic communications system" means a wire, radio,1390
electromagnetic, photoelectronic, or photo-optical facility for1391
the transmission of electronic communications, and a computer1392
facility or related electronic equipment for the electronic1393
storage of electronic communications.1394

       (Q) "Electronic communication service" means a service that1395
provides to users of the service the ability to send or receive1396
wire or electronic communications.1397

       (R) "Readily accessible to the general public" means, with1398
respect to a radio communication, that the communication is none1399
of the following:1400

       (1) Scrambled or encrypted;1401

       (2) Transmitted using a modulation technique, the essential1402
parameters of which have been withheld from the public with the1403
intention of preserving the privacy of the communication;1404

       (3) Carried on a subcarrier or other signal subsidiary to a1405
radio transmission;1406

       (4) Transmitted over a communications system provided by a1407
communications common carrier, unless the communication is a1408
tone-only paging system communication;1409

       (5) Transmitted on a frequency allocated under part 25,1410
subpart D, E, or F of part 74, or part 94 of the Rules of the1411
Federal Communications Commission, as those provisions existed on1412
July 1, 1996, unless, in the case of a communication transmitted1413
on a frequency allocated under part 74 that is not exclusively1414
allocated to broadcast auxiliary services, the communication is a1415
two-way voice communication by radio.1416

       (S) "Electronic storage" means a temporary, intermediate1417
storage of a wire or electronic communication that is incidental1418
to the electronic transmission of the communication, and a storage1419
of a wire or electronic communication by an electronic1420
communication service for the purpose of backup protection of the1421
communication.1422

       (T) "Aural transfer" means a transfer containing the human1423
voice at a point between and including the point of origin and the1424
point of reception.1425

       (U) "Pen register" means a device that records or decodes1426
electronic impulses that identify the numbers dialed, pulsed, or1427
otherwise transmitted on telephone lines to which the device is1428
attached.1429

       (V) "Trap and trace device" means a device that captures the1430
incoming electronic or other impulses that identify the1431
originating number of an instrument or device from which a wire1432
communication or electronic communication was transmitted but that1433
does not intercept the contents of the wire communication or1434
electronic communication.1435

       (W) "Judge of a court of common pleas" means a judge of that1436
court who is elected or appointed as a judge of general1437
jurisdiction or as a judge who exercises both general jurisdiction1438
and probate, domestic relations, or juvenile jurisdiction. "Judge1439
of a court of common pleas" does not mean a judge of that court1440
who is elected or appointed specifically as a probate, domestic1441
relations, or juvenile judge.1442

       Sec. 2941.14.  (A) In an indictment for aggravated murder,1443
murder, or voluntary or involuntary manslaughter, the manner in1444
which, or the means by which the death was caused need not be set1445
forth.1446

       (B) Imposition of the death penalty for aggravated murder is1447
precluded unless the indictment or count in the indictment1448
charging the offense specifies one or more of the aggravating1449
circumstances listed in division (A) of section 2929.04 of the1450
Revised Code. If more than one aggravating circumstance is1451
specified to an indictment or count, each shall be in a separately1452
numbered specification, and if an aggravating circumstance is1453
specified to a count in an indictment containing more than one1454
count, such specification shall be identified as to the count to1455
which it applies.1456

       (C) A specification to an indictment or count in an1457
indictment charging aggravated murder shall be stated at the end1458
of the body of the indictment or count, and may be in1459
substantially the following form:1460

       "SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE1461
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand1462
Jurors further find and specify that (set forth the applicable1463
aggravating circumstance listed in divisions (A)(1) to (9)(10) of1464
section 2929.04 of the Revised Code. The aggravating circumstance1465
may be stated in the words of the subdivision in which it appears,1466
or in words sufficient to give the accused notice of the same)."1467

       Section 2. That existing sections 121.22, 2901.01, 2903.01,1468
2921.32, 2923.31, 2927.24, 2929.04, 2933.51, and 2941.14 of the1469
Revised Code are hereby repealed.1470

       Section 3. This act is hereby declared to be an emergency1471
measure necessary for the immediate preservation of the public1472
peace, health, and safety. The reason for such necessity is that1473
the recent terrorist attacks of September 11, 2001, underscore the1474
compelling need for legislation that is specifically designed to1475
combat the evils of terrorism, that comprehensive state laws are1476
urgently needed to complement federal laws in the fight against1477
terrorism and to better protect all citizens against terrorist1478
acts, and that state laws must be strengthened to ensure that1479
terrorists, as well as those who solicit or provide financial and1480
other support to terrorists, are prosecuted and punished in state1481
courts with appropriate severity. Therefore, this act shall go1482
into immediate effect.1483