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To amend sections 121.22, 2901.01, 2903.01, 2921.32, | 1 |
2923.31, 2927.24, 2929.04, 2933.51, and 2941.14 | 2 |
and to enact sections 149.433, 2152.201, 2909.21, | 3 |
2909.22, 2909.23, 2909.24, and 2909.25 of the | 4 |
Revised Code to create the offenses of terrorism, | 5 |
soliciting or providing support for an act of | 6 |
terrorism, and making a terroristic threat; to | 7 |
expand certain offenses and laws relative to those | 8 |
offenses; to increase the penalty for obstructing | 9 |
justice involving terrorism; to expand and rename | 10 |
contaminating a substance for human consumption to | 11 |
include contamination with any hazardous chemical, | 12 |
biological, or radioactive substance; to exempt | 13 |
certain security-related information from the | 14 |
Public Records Law; to revise the Open Meetings Law | 15 |
provision regarding executive sessions to consider | 16 |
security matters; and to declare an emergency. | 17 |
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 and | 19 |
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 construed | 22 |
to require public officials to take official action and to conduct | 23 |
all deliberations upon official business only in open meetings | 24 |
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 similar | 28 |
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 any | 31 |
county, township, municipal corporation, school district, or other | 32 |
political subdivision or local public institution; | 33 |
(b) Any committee or subcommittee of a body described in | 34 |
division (B)(1)(a) of this section; | 35 |
(c) A court of jurisdiction of a sanitary district organized | 36 |
wholly for the purpose of providing a water supply for domestic, | 37 |
municipal, and public use when meeting for the purpose of the | 38 |
appointment, removal, or reappointment of a member of the board of | 39 |
directors of such a district pursuant to section 6115.10 of the | 40 |
Revised Code, if applicable, or for any other matter related to | 41 |
such a district other than litigation involving the district. As | 42 |
used in division (B)(1)(c) of this section, "court of | 43 |
jurisdiction" has the same meaning as "court" in section 6115.01 | 44 |
of the Revised Code. | 45 |
(2) "Meeting" means any prearranged discussion of the public | 46 |
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 educational | 49 |
institution; | 50 |
(b) A person who is, voluntarily or involuntarily, an | 51 |
inmate, patient, or resident of a state or local institution | 52 |
because of criminal behavior, mental illness or retardation, | 53 |
disease, disability, age, or other condition requiring custodial | 54 |
care. | 55 |
(4) "Public office" has the same meaning as in section | 56 |
149.011 of the Revised Code. | 57 |
(C) All meetings of any public body are declared to be | 58 |
public meetings open to the public at all times. A member of a | 59 |
public body shall be present in person at a meeting open to the | 60 |
public to be considered present or to vote at the meeting and for | 61 |
purposes of determining whether a quorum is present at the | 62 |
meeting. | 63 |
The minutes of a regular or special meeting of any public | 64 |
body shall be promptly prepared, filed, and maintained and shall | 65 |
be open to public inspection. The minutes need only reflect the | 66 |
general subject matter of discussions in executive sessions | 67 |
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 or | 71 |
independent certified public accountants with officials of the | 72 |
public office that is the subject of the audit; | 73 |
(3) The adult parole authority when its hearings are | 74 |
conducted at a correctional institution for the sole purpose of | 75 |
interviewing inmates to determine parole or pardon; | 76 |
(4) The organized crime investigations commission | 77 |
established under section 177.01 of the Revised Code; | 78 |
(5) Meetings of a child fatality review board established | 79 |
under section 307.621 of the Revised Code and meetings conducted | 80 |
pursuant to sections 5153.171 to 5153.173 of the Revised Code; | 81 |
(6) The state medical board when determining whether to | 82 |
suspend a certificate without a prior hearing pursuant to division | 83 |
(G) of either section 4730.25 or 4731.22 of the Revised Code; | 84 |
(7) The board of nursing when determining whether to suspend | 85 |
a license or certificate without a prior hearing pursuant to | 86 |
division (B) of section 4723.281 of the Revised Code; | 87 |
(8) The state board of pharmacy when determining whether to | 88 |
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 to | 91 |
suspend a license without a hearing pursuant to section 4734.37 of | 92 |
the Revised Code. | 93 |
(10) The executive committee of the emergency response | 94 |
commission when determining whether to issue an enforcement order | 95 |
or request that a civil action, civil penalty action, or criminal | 96 |
action be brought to enforce Chapter 3750. of the Revised Code. | 97 |
(E) The controlling board, the development financing | 98 |
advisory council, the industrial technology and enterprise | 99 |
advisory council, the tax credit authority, or the minority | 100 |
development financing advisory board, when meeting to consider | 101 |
granting assistance pursuant to Chapter 122. or 166. of the | 102 |
Revised Code, in order to protect the interest of the applicant or | 103 |
the possible investment of public funds, by unanimous vote of all | 104 |
board, council, or authority members present, may close the | 105 |
meeting during consideration of the following information | 106 |
confidentially received by the authority, council, or board from | 107 |
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 or | 113 |
members of the applicant's immediate family, including, but not | 114 |
limited to, tax records or other similar information not open to | 115 |
public inspection. | 116 |
The vote by the authority, council, or board to accept or | 117 |
reject the application, as well as all proceedings of the | 118 |
authority, council, or board not subject to this division, shall | 119 |
be open to the public and governed by this section. | 120 |
(F) Every public body, by rule, shall establish a reasonable | 121 |
method whereby any person may determine the time and place of all | 122 |
regularly scheduled meetings and the time, place, and purpose of | 123 |
all special meetings. A public body shall not hold a special | 124 |
meeting unless it gives at least twenty-four hours' advance notice | 125 |
to the news media that have requested notification, except in the | 126 |
event of an emergency requiring immediate official action. In the | 127 |
event of an emergency, the member or members calling the meeting | 128 |
shall notify the news media that have requested notification | 129 |
immediately of the time, place, and purpose of the meeting. | 130 |
The rule shall provide that any person, upon request and | 131 |
payment of a reasonable fee, may obtain reasonable advance | 132 |
notification of all meetings at which any specific type of public | 133 |
business is to be discussed. Provisions for advance notification | 134 |
may include, but are not limited to, mailing the agenda of | 135 |
meetings to all subscribers on a mailing list or mailing notices | 136 |
in self-addressed, stamped envelopes provided by the person. | 137 |
(G) Except as provided in division (J) of this section, the | 138 |
members of a public body may hold an executive session only after | 139 |
a majority of a quorum of the public body determines, by a roll | 140 |
call vote, to hold an executive session and only at a regular or | 141 |
special meeting for the sole purpose of the consideration of any | 142 |
of the following matters: | 143 |
(1) To consider the appointment, employment, dismissal, | 144 |
discipline, promotion, demotion, or compensation of a public | 145 |
employee or official, or the investigation of charges or | 146 |
complaints against a public employee, official, licensee, or | 147 |
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 an | 150 |
executive session for the discipline of an elected official for | 151 |
conduct related to the performance of the elected official's | 152 |
official duties or for the elected official's removal from office. | 153 |
If a public body holds an executive session pursuant to division | 154 |
(G)(1) of this section, the motion and vote to hold that executive | 155 |
session shall state which one or more of the approved purposes | 156 |
listed in division (G)(1) of this section are the purposes for | 157 |
which the executive session is to be held, but need not include | 158 |
the name of any person to be considered at the meeting. | 159 |
(2) To consider the purchase of property for public | 160 |
purposes, or for the sale of property at competitive bidding, if | 161 |
premature disclosure of information would give an unfair | 162 |
competitive or bargaining advantage to a person whose personal, | 163 |
private interest is adverse to the general public interest. No | 164 |
member of a public body shall use division (G)(2) of this section | 165 |
as a subterfuge for providing covert information to prospective | 166 |
buyers or sellers. A purchase or sale of public property is void | 167 |
if the seller or buyer of the public property has received covert | 168 |
information from a member of a public body that has not been | 169 |
disclosed to the general public in sufficient time for other | 170 |
prospective buyers and sellers to prepare and submit offers. | 171 |
If the minutes of the public body show that all meetings and | 172 |
deliberations of the public body have been conducted in compliance | 173 |
with this section, any instrument executed by the public body | 174 |
purporting to convey, lease, or otherwise dispose of any right, | 175 |
title, or interest in any public property shall be conclusively | 176 |
presumed to have been executed in compliance with this section | 177 |
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 body | 180 |
concerning disputes involving the public body that are the subject | 181 |
of pending or imminent court action; | 182 |
(4) Preparing for, conducting, or reviewing negotiations or | 183 |
bargaining sessions with public employees concerning their | 184 |
compensation or other terms and conditions of their employment; | 185 |
(5) Matters required to be kept confidential by federal law | 186 |
or regulations or state statutes; | 187 |
(6)
| 188 |
arrangements and emergency response protocols for a public body or | 189 |
a public office, if
disclosure of the matters discussed
| 190 |
191 | |
192 | |
expected to jeopardize the security of the public body or public | 193 |
office; | 194 |
(7) In the case of a county hospital operated pursuant to | 195 |
Chapter 339. of the Revised Code, to consider trade secrets, as | 196 |
defined in section 1333.61 of the Revised Code. | 197 |
If a public body holds an executive session to consider any | 198 |
of the matters listed in divisions (G)(2) to (7) of this section, | 199 |
the motion and vote to hold that executive session shall state | 200 |
which one or more of the approved matters listed in those | 201 |
divisions are to be considered at the executive session. | 202 |
A public body specified in division (B)(1)(c) of this section | 203 |
shall not hold an executive session when meeting for the purposes | 204 |
specified in that division. | 205 |
(H) A resolution, rule, or formal action of any kind is | 206 |
invalid unless adopted in an open meeting of the public body. A | 207 |
resolution, rule, or formal action adopted in an open meeting that | 208 |
results from deliberations in a meeting not open to the public is | 209 |
invalid unless the deliberations were for a purpose specifically | 210 |
authorized in division (G) or (J) of this section and conducted at | 211 |
an executive session held in compliance with this section. A | 212 |
resolution, rule, or formal action adopted in an open meeting is | 213 |
invalid if the public body that adopted the resolution, rule, or | 214 |
formal action violated division (F) of this section. | 215 |
(I)(1) Any person may bring an action to enforce this | 216 |
section. An action under division (I)(1) of this section shall be | 217 |
brought within two years after the date of the alleged violation | 218 |
or threatened violation. Upon proof of a violation or threatened | 219 |
violation of this section in an action brought by any person, the | 220 |
court of common pleas shall issue an injunction to compel the | 221 |
members of the public body to comply with its provisions. | 222 |
(2)(a) If the court of common pleas issues an injunction | 223 |
pursuant to division (I)(1) of this section, the court shall order | 224 |
the public body that it enjoins to pay a civil forfeiture of five | 225 |
hundred dollars to the party that sought the injunction and shall | 226 |
award to that party all court costs and, subject to reduction as | 227 |
described in division (I)(2) of this section, reasonable | 228 |
attorney's fees. The court, in its discretion, may reduce an | 229 |
award of attorney's fees to the party that sought the injunction | 230 |
or not award attorney's fees to that party if the court determines | 231 |
both of the following: | 232 |
(i) That, based on the ordinary application of statutory law | 233 |
and case law as it existed at the time of violation or threatened | 234 |
violation that was the basis of the injunction, a well-informed | 235 |
public body reasonably would believe that the public body was not | 236 |
violating or threatening to violate this section; | 237 |
(ii) That a well-informed public body reasonably would | 238 |
believe that the conduct or threatened conduct that was the basis | 239 |
of the injunction would serve the public policy that underlies the | 240 |
authority that is asserted as permitting that conduct or | 241 |
threatened conduct. | 242 |
(b) If the court of common pleas does not issue an | 243 |
injunction pursuant to division (I)(1) of this section and the | 244 |
court determines at that time that the bringing of the action was | 245 |
frivolous conduct, as defined in division (A) of section 2323.51 | 246 |
of the Revised Code, the court shall award to the public body all | 247 |
court costs and reasonable attorney's fees, as determined by the | 248 |
court. | 249 |
(3) Irreparable harm and prejudice to the party that sought | 250 |
the injunction shall be conclusively and irrebuttably presumed | 251 |
upon proof of a violation or threatened violation of this section. | 252 |
(4) A member of a public body who knowingly violates an | 253 |
injunction issued pursuant to division (I)(1) of this section may | 254 |
be removed from office by an action brought in the court of common | 255 |
pleas for that purpose by the prosecuting attorney or the attorney | 256 |
general. | 257 |
(J)(1) Pursuant to division (C) of section 5901.09 of the | 258 |
Revised Code, a veterans service commission shall hold an | 259 |
executive session for one or more of the following purposes unless | 260 |
an applicant requests a public hearing: | 261 |
(a) Interviewing an applicant for financial assistance under | 262 |
sections 5901.01 to 5901.15 of the Revised Code; | 263 |
(b) Discussing applications, statements, and other documents | 264 |
described in division (B) of section 5901.09 of the Revised Code; | 265 |
(c) Reviewing matters relating to an applicant's request for | 266 |
financial assistance under sections 5901.01 to 5901.15 of the | 267 |
Revised Code. | 268 |
(2) A veterans service commission shall not exclude an | 269 |
applicant for, recipient of, or former recipient of financial | 270 |
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 commission | 273 |
conducts as an executive session that pertains to the applicant's, | 274 |
recipient's, or former recipient's application for financial | 275 |
assistance. | 276 |
(3) A veterans service commission shall vote on the grant or | 277 |
denial of financial assistance under sections 5901.01 to 5901.15 | 278 |
of the Revised Code only in an open meeting of the commission. The | 279 |
minutes of the meeting shall indicate the name, address, and | 280 |
occupation of the applicant, whether the assistance was granted or | 281 |
denied, the amount of the assistance if assistance is granted, and | 282 |
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 to | 285 |
protecting or maintaining the security of a public office. | 286 |
(2) "Infrastructure record" means any record that discloses | 287 |
the configuration of a public office's critical systems or the | 288 |
infrastructure or structural configuration of the building in | 289 |
which a public office is located. "Infrastructure record" does | 290 |
not mean a simple floor plan that discloses only the spatial | 291 |
relationship of components of a public office or the building in | 292 |
which a public office is located. | 293 |
(B) A record kept by a public office that is a security | 294 |
record or an infrastructure record is not a public record under | 295 |
section 149.43 of the Revised Code and is not subject to mandatory | 296 |
release or disclosure under that section. | 297 |
(C) Notwithstanding any other section of the Revised Code, a | 298 |
public office's or a public employee's disclosure of a security | 299 |
record or infrastructure record that is necessary for | 300 |
construction, renovation, or remodeling work on any public | 301 |
building or project does not constitute public disclosure for | 302 |
purposes of waiving division (B) of this section and does not | 303 |
result in that record becoming a public record for purposes of | 304 |
section 149.43 of the Revised Code. | 305 |
Sec. 2152.201. (A) In addition to any other dispositions | 306 |
authorized or required by this chapter, the juvenile court making | 307 |
disposition of a child adjudicated a delinquent child for | 308 |
committing a violation of section 2909.22, 2909.23, or 2909.24 of | 309 |
the Revised Code or a violation of section 2921.32 of the Revised | 310 |
Code when the offense or act committed by the person aided or to | 311 |
be aided as described in that section is an act of terrorism may | 312 |
order the child to pay to the state, municipal, or county law | 313 |
enforcement agencies that handled the investigation and | 314 |
prosecution all of the costs that the state, municipal | 315 |
corporation, or county reasonably incurred in the investigation | 316 |
and prosecution of the violation. The court shall hold a hearing | 317 |
to determine the amount of costs to be imposed under this section. | 318 |
The court may hold the hearing as part of the dispositional | 319 |
hearing for the child. | 320 |
(B) If a child is adjudicated a delinquent child for | 321 |
committing a violation of section 2909.23 or 2909.24 of the | 322 |
Revised Code and if any political subdivision incurred any | 323 |
response costs as a result of, or in making any response to, the | 324 |
threat of the specified offense involved in the violation of | 325 |
section 2909.23 of the Revised Code or the actual specified | 326 |
offense involved in the violation of section 2909.24 of the | 327 |
Revised Code, in addition to any other dispositions authorized or | 328 |
required by this chapter, the juvenile court making disposition of | 329 |
the child for the violation may order the child to reimburse the | 330 |
involved political subdivision for the response costs it so | 331 |
incurred. | 332 |
(C) As used in this section, "response costs" and "act of | 333 |
terrorism" have the same meanings as in section 2909.21 of the | 334 |
Revised Code. | 335 |
Sec. 2901.01. (A) As used in the Revised Code: | 336 |
(1) "Force" means any violence, compulsion, or constraint | 337 |
physically exerted by any means upon or against a person or thing. | 338 |
(2) "Deadly force" means any force that carries a | 339 |
substantial risk that it will proximately result in the death of | 340 |
any person. | 341 |
(3) "Physical harm to persons" means any injury, illness, or | 342 |
other physiological impairment, regardless of its gravity or | 343 |
duration. | 344 |
(4) "Physical harm to property" means any tangible or | 345 |
intangible damage to property that, in any degree, results in loss | 346 |
to its value or interferes with its use or enjoyment. "Physical | 347 |
harm to property" does not include wear and tear occasioned by | 348 |
normal use. | 349 |
(5) "Serious physical harm to persons" means any of the | 350 |
following: | 351 |
(a) Any mental illness or condition of such gravity as would | 352 |
normally require hospitalization or prolonged psychiatric | 353 |
treatment; | 354 |
(b) Any physical harm that carries a substantial risk of | 355 |
death; | 356 |
(c) Any physical harm that involves some permanent | 357 |
incapacity, whether partial or total, or that involves some | 358 |
temporary, substantial incapacity; | 359 |
(d) Any physical harm that involves some permanent | 360 |
disfigurement or that involves some temporary, serious | 361 |
disfigurement; | 362 |
(e) Any physical harm that involves acute pain of such | 363 |
duration as to result in substantial suffering or that involves | 364 |
any degree of prolonged or intractable pain. | 365 |
(6) "Serious physical harm to property" means any physical | 366 |
harm to property that does either of the following: | 367 |
(a) Results in substantial loss to the value of the property | 368 |
or requires a substantial amount of time, effort, or money to | 369 |
repair or replace; | 370 |
(b) Temporarily prevents the use or enjoyment of the | 371 |
property or substantially interferes with its use or enjoyment for | 372 |
an extended period of time. | 373 |
(7) "Risk" means a significant possibility, as contrasted | 374 |
with a remote possibility, that a certain result may occur or that | 375 |
certain circumstances may exist. | 376 |
(8) "Substantial risk" means a strong possibility, as | 377 |
contrasted with a remote or significant possibility, that a | 378 |
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, or | 385 |
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or | 386 |
of division (B)(1), (2), (3), or (4) of section 2919.22 of the | 387 |
Revised Code or felonious sexual penetration in violation of | 388 |
former section 2907.12 of the Revised Code; | 389 |
(b) A violation of an existing or former municipal ordinance | 390 |
or law of this or any other state or the United States, | 391 |
substantially equivalent to any section, division, or offense | 392 |
listed in division (A)(9)(a) of this section; | 393 |
(c) An offense, other than a traffic offense, under an | 394 |
existing or former municipal ordinance or law of this or any other | 395 |
state or the United States, committed purposely or knowingly, and | 396 |
involving physical harm to persons or a risk of serious physical | 397 |
harm to persons; | 398 |
(d) A conspiracy or attempt to commit, or complicity in | 399 |
committing, any offense under division (A)(9)(a), (b), or (c) of | 400 |
this section. | 401 |
(10)(a) "Property" means any property, real or personal, | 402 |
tangible or intangible, and any interest or license in that | 403 |
property. "Property" includes, but is not limited to, cable | 404 |
television service, other telecommunications service, | 405 |
telecommunications devices, information service, computers, data, | 406 |
computer software, financial instruments associated with | 407 |
computers, other documents associated with computers, or copies of | 408 |
the documents, whether in machine or human readable form, trade | 409 |
secrets, trademarks, copyrights, patents, and property protected | 410 |
by a trademark, copyright, or patent. "Financial instruments | 411 |
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 or | 414 |
debit cards, financial transaction authorization mechanisms, | 415 |
marketable securities, or any computer system representations of | 416 |
any of them. | 417 |
(b) As used in division (A)(10) of this section, "trade | 418 |
secret" has the same meaning as in section 1333.61 of the Revised | 419 |
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," and | 424 |
"telecommunications device" have the same meanings as in section | 425 |
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 of | 428 |
a township or joint township police district, marshal, deputy | 429 |
marshal, municipal police officer, member of a police force | 430 |
employed by a metropolitan housing authority under division (D) of | 431 |
section 3735.31 of the Revised Code, or state highway patrol | 432 |
trooper; | 433 |
(b) An officer, agent, or employee of the state or any of | 434 |
its agencies, instrumentalities, or political subdivisions, upon | 435 |
whom, by statute, a duty to conserve the peace or to enforce all | 436 |
or certain laws is imposed and the authority to arrest violators | 437 |
is conferred, within the limits of that statutory duty and | 438 |
authority; | 439 |
(c) A mayor, in the mayor's capacity as chief conservator of | 440 |
the peace within the mayor's municipal corporation; | 441 |
(d) A member of an auxiliary police force organized by | 442 |
county, township, or municipal law enforcement authorities, within | 443 |
the scope of the member's appointment or commission; | 444 |
(e) A person lawfully called pursuant to section 311.07 of | 445 |
the Revised Code to aid a sheriff in keeping the peace, for the | 446 |
purposes and during the time when the person is called; | 447 |
(f) A person appointed by a mayor pursuant to section 737.01 | 448 |
of the Revised Code as a special patrolling officer during riot or | 449 |
emergency, for the purposes and during the time when the person is | 450 |
appointed; | 451 |
(g) A member of the organized militia of this state or the | 452 |
armed forces of the United States, lawfully called to duty to aid | 453 |
civil authorities in keeping the peace or protect against domestic | 454 |
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 under | 458 |
section 5907.02 of the Revised Code; | 459 |
(j) A member of a police force employed by a regional | 460 |
transit authority under division (Y) of section 306.35 of the | 461 |
Revised Code; | 462 |
(k) A special police officer employed by a port authority | 463 |
under section 4582.04 or 4582.28 of the Revised Code; | 464 |
(l) The house sergeant at arms if the house sergeant at arms | 465 |
has arrest authority pursuant to division (E)(1) of section | 466 |
101.311 of the Revised Code and an assistant house sergeant at | 467 |
arms. | 468 |
(12) "Privilege" means an immunity, license, or right | 469 |
conferred by law, bestowed by express or implied grant, arising | 470 |
out of status, position, office, or relationship, or growing out | 471 |
of necessity. | 472 |
(13) "Contraband" means any property described in the | 473 |
following categories: | 474 |
(a) Property that in and of itself is unlawful for a person | 475 |
to acquire or possess; | 476 |
(b) Property that is not in and of itself unlawful for a | 477 |
person to acquire or possess, but that has been determined by a | 478 |
court of this state, in accordance with law, to be contraband | 479 |
because of its use in an unlawful activity or manner, of its | 480 |
nature, or of the circumstances of the person who acquires or | 481 |
possesses it, including, but not limited to, goods and personal | 482 |
property described in division (D) of section 2913.34 of the | 483 |
Revised Code; | 484 |
(c) Property that is specifically stated to be contraband by | 485 |
a section of the Revised Code or by an ordinance, regulation, or | 486 |
resolution; | 487 |
(d) Property that is forfeitable pursuant to a section of | 488 |
the Revised Code, or an ordinance, regulation, or resolution, | 489 |
including, but not limited to, forfeitable firearms, dangerous | 490 |
ordnance, obscene materials, and goods and personal property | 491 |
described in division (D) of section 2913.34 of the Revised Code; | 492 |
(e) Any controlled substance, as defined in section 3719.01 | 493 |
of the Revised Code, or any device, paraphernalia, money as | 494 |
defined in section 1301.01 of the Revised Code, or other means of | 495 |
exchange that has been, is being, or is intended to be used in an | 496 |
attempt or conspiracy to violate, or in a violation of, Chapter | 497 |
2925. or 3719. of the Revised Code; | 498 |
(f) Any gambling device, paraphernalia, money as defined in | 499 |
section 1301.01 of the Revised Code, or other means of exchange | 500 |
that has been, is being, or is intended to be used in an attempt | 501 |
or conspiracy to violate, or in the violation of, Chapter 2915. of | 502 |
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 alcohol | 507 |
or tobacco; | 508 |
(h) Any personal property that has been, is being, or is | 509 |
intended to be used in an attempt or conspiracy to commit, or in | 510 |
the commission of, any offense or in the transportation of the | 511 |
fruits of any offense; | 512 |
(i) Any property that is acquired through the sale or other | 513 |
transfer of contraband or through the proceeds of contraband, | 514 |
other than by a court or a law enforcement agency acting within | 515 |
the scope of its duties; | 516 |
(j) Any computer, computer system, computer network, | 517 |
computer software, or other telecommunications device that is used | 518 |
in a conspiracy to commit, an attempt to commit, or the commission | 519 |
of any offense, if the owner of the computer, computer system, | 520 |
computer network, computer software, or other telecommunications | 521 |
device is convicted of or pleads guilty to the offense in which it | 522 |
is used; | 523 |
(k) Any property that is material support or resources and | 524 |
that has been, is being, or is intended to be used in an attempt | 525 |
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 of | 527 |
the Revised Code when the offense or act committed by the person | 528 |
aided or to be aided as described in that section is an act of | 529 |
terrorism. As used in division (A)(13)(k) of this section, | 530 |
"material support or resources" and "act of terrorism" have the | 531 |
same meanings as in section 2909.21 of the Revised Code. | 532 |
(14) A person is "not guilty by reason of insanity" relative | 533 |
to a charge of an offense only if the person proves, in the manner | 534 |
specified in section 2901.05 of the Revised Code, that at the time | 535 |
of the commission of the offense, the person did not know, as a | 536 |
result of a severe mental disease or defect, the wrongfulness of | 537 |
the person's acts. | 538 |
(B)(1)(a) Subject to division (B)(2) of this section, as | 539 |
used in any section contained in Title XXIX of the Revised Code | 540 |
that sets forth a criminal offense, "person" includes all of the | 541 |
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 the | 546 |
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 the | 551 |
species Homo sapiens from fertilization until live birth. | 552 |
(ii) "Viable" means the stage of development of a human | 553 |
fetus at which there is a realistic possibility of maintaining and | 554 |
nourishing of a life outside the womb with or without temporary | 555 |
artificial life-sustaining support. | 556 |
(2) Notwithstanding division (B)(1)(a) of this section, in | 557 |
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 be | 559 |
applied or construed in any section contained in Title XXIX of the | 560 |
Revised Code that sets forth a criminal offense in any of the | 561 |
following manners: | 562 |
(a) Except as otherwise provided in division (B)(2)(a) of | 563 |
this section, in a manner so that the offense prohibits or is | 564 |
construed as prohibiting any pregnant woman or her physician from | 565 |
performing an abortion with the consent of the pregnant woman, | 566 |
with the consent of the pregnant woman implied by law in a medical | 567 |
emergency, or with the approval of one otherwise authorized by law | 568 |
to consent to medical treatment on behalf of the pregnant woman. | 569 |
An abortion that violates the conditions described in the | 570 |
immediately preceding sentence may be punished as a violation of | 571 |
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 2903.22 | 573 |
of the Revised Code, as applicable. An abortion that does not | 574 |
violate the conditions described in the second immediately | 575 |
preceding sentence, but that does violate section 2919.12, | 576 |
division (B) of section 2919.13, or section 2919.151, 2919.17, or | 577 |
2919.18 of the Revised Code, may be punished as a violation of | 578 |
section 2919.12, division (B) of section 2919.13, or section | 579 |
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 type | 581 |
otherwise adequate to permit medical treatment to the pregnant | 582 |
woman, even if it does not comply with section 2919.12 of the | 583 |
Revised Code. | 584 |
(b) In a manner so that the offense is applied or is | 585 |
construed as applying to a woman based on an act or omission of | 586 |
the woman that occurs while she is or was pregnant and that | 587 |
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 of | 590 |
a viable, unborn human that she is carrying; | 591 |
(iii) Her causing the death of her child who is born alive | 592 |
but who dies from one or more injuries that are sustained while | 593 |
the child is a viable, unborn human; | 594 |
(iv) Her causing her child who is born alive to sustain one | 595 |
or more injuries while the child is a viable, unborn human; | 596 |
(v) Her causing, threatening to cause, or attempting to | 597 |
cause, in any other manner, an injury, illness, or other | 598 |
physiological impairment, regardless of its duration or gravity, | 599 |
or a mental illness or condition, regardless of its duration or | 600 |
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, school | 603 |
building, school premises, school activity, and school bus. | 604 |
(2) "School," "school building," and "school premises" have | 605 |
the same meanings as in section 2925.01 of the Revised Code. | 606 |
(3) "School activity" means any activity held under the | 607 |
auspices of a board of education of a city, local, exempted | 608 |
village, joint vocational, or cooperative education school | 609 |
district, a governing board of an educational service center, or | 610 |
the governing body of a school for which the state board of | 611 |
education prescribes minimum standards under section 3301.07 of | 612 |
the Revised Code. | 613 |
(4) "School bus" has the same meaning as in section 4511.01 | 614 |
of the Revised Code. | 615 |
Sec. 2903.01. (A) No person shall purposely, and with prior | 616 |
calculation and design, cause the death of another or the unlawful | 617 |
termination of another's pregnancy. | 618 |
(B) No person shall purposely cause the death of another or | 619 |
the unlawful termination of another's pregnancy while committing | 620 |
or attempting to commit, or while fleeing immediately after | 621 |
committing or attempting to commit, kidnapping, rape, aggravated | 622 |
arson
| 623 |
burglary
| 624 |
(C) No person shall purposely cause the death of another who | 625 |
is under thirteen years of age at the time of the commission of | 626 |
the offense. | 627 |
(D) No person who is under detention as a result of having | 628 |
been found guilty of or having pleaded guilty to a felony or who | 629 |
breaks that detention shall purposely cause the death of another. | 630 |
(E) No person shall purposely cause the death of a law | 631 |
enforcement officer whom the offender knows or has reasonable | 632 |
cause to know is a law enforcement officer when either of the | 633 |
following applies: | 634 |
(1) The victim, at the time of the commission of the | 635 |
offense, is engaged in the victim's duties. | 636 |
(2) It is the offender's specific purpose to kill a law | 637 |
enforcement officer. | 638 |
(F) Whoever violates this section is guilty of aggravated | 639 |
murder, and shall be punished as provided in section 2929.02 of | 640 |
the Revised Code. | 641 |
(G) As used in this section: | 642 |
(1) "Detention" has the same meaning as in section 2921.01 | 643 |
of the Revised Code. | 644 |
(2) "Law enforcement officer" has the same meaning as in | 645 |
section 2911.01 of the Revised Code. | 646 |
Sec. 2909.21. As used in sections 2909.21 to 2909.25 of the | 647 |
Revised Code: | 648 |
(A) "Act of terrorism" means an act that is committed | 649 |
within or outside the territorial jurisdiction of this state or | 650 |
the United States, that constitutes a specified offense if | 651 |
committed in this state or constitutes an offense in any | 652 |
jurisdiction within or outside the territorial jurisdiction of the | 653 |
United States containing all of the essential elements of a | 654 |
specified offense, and that is intended to do one or more of the | 655 |
following: | 656 |
(1) Intimidate or coerce a civilian population; | 657 |
(2) Influence the policy of any government by intimidation | 658 |
or coercion; | 659 |
(3) Affect the conduct of any government by the act that | 660 |
constitutes the offense. | 661 |
(B) "Material support or resources" means currency, payment | 662 |
instruments, other financial securities, financial services, | 663 |
lodging, training, safehouses, false documentation or | 664 |
identification, communications equipment, facilities, weapons, | 665 |
lethal substances, explosives, personnel, transportation, and | 666 |
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 other | 669 |
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 subdivision | 672 |
incurs as a result of, or in making any response to, a threat of a | 673 |
specified offense made as described in section 2909.23 of the | 674 |
Revised Code or a specified offense committed as described in | 675 |
section 2909.24 of the Revised Code, including, but not limited | 676 |
to, all costs so incurred by any law enforcement officers, | 677 |
firefighters, rescue personnel, or emergency medical services | 678 |
personnel of the political subdivision and all costs so incurred | 679 |
by the political subdivision that relate to laboratory testing or | 680 |
hazardous material cleanup. | 681 |
(E) "Specified offense" means any of the following: | 682 |
(1) A felony offense of violence, a violation of section | 683 |
2909.04 or 2927.24 of the Revised Code, or a felony of the first | 684 |
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 a | 687 |
conspiracy to commit an offense listed in division (E)(1) of this | 688 |
section. | 689 |
Sec. 2909.22. (A) No person shall raise, solicit, collect, | 690 |
donate, or provide any material support or resources, with purpose | 691 |
that the material support or resources will be used in whole or in | 692 |
part to plan, prepare, carry out, or aid in either an act of | 693 |
terrorism or the concealment of, or an escape from, an act of | 694 |
terrorism. | 695 |
(B) Whoever violates this section is guilty of soliciting | 696 |
or providing support for an act of terrorism, a felony of the | 697 |
third degree. Section 2909.25 of the Revised Code applies | 698 |
regarding an offender who is convicted of or pleads guilty to a | 699 |
violation of this section. | 700 |
(C) A prosecution for a violation of this section does not | 701 |
preclude a prosecution for a violation of any other section of the | 702 |
Revised Code. One or more acts, a series of acts, or a course of | 703 |
behavior that can be prosecuted under this section or any other | 704 |
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 or | 707 |
threaten to cause to be committed a specified offense when both of | 708 |
the following apply: | 709 |
(1) The person makes the threat with purpose to do any of | 710 |
the following: | 711 |
(a) Intimidate or coerce a civilian population; | 712 |
(b) Influence the policy of any government by intimidation or | 713 |
coercion; | 714 |
(c) Affect the conduct of any government by the threat or by | 715 |
the specified offense. | 716 |
(2) As a result of the threat, the person causes a | 717 |
reasonable expectation or fear of the imminent commission of the | 718 |
specified offense. | 719 |
(B) It is not a defense to a charge of a violation of this | 720 |
section that the defendant did not have the intent or capability | 721 |
to commit the threatened specified offense or that the threat was | 722 |
not made to a person who was a subject of the threatened specified | 723 |
offense. | 724 |
(C) Whoever violates this section is guilty of making a | 725 |
terroristic threat, a felony of the third degree. Section 2909.25 | 726 |
of the Revised Code applies regarding an offender who is convicted | 727 |
of or pleads guilty to a violation of this section. | 728 |
Sec. 2909.24. (A) No person shall commit a specified offense | 729 |
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 intimidation | 732 |
or coercion; | 733 |
(3) Affect the conduct of any government by the specified | 734 |
offense. | 735 |
(B)(1) Whoever violates this section is guilty of | 736 |
terrorism. | 737 |
(2) Except as otherwise provided in divisions (B)(3) and | 738 |
(4) of this section, terrorism is an offense one degree higher | 739 |
than the most serious underlying specified offense the defendant | 740 |
committed. | 741 |
(3) If the most serious underlying specified offense the | 742 |
defendant committed is a felony of the first degree or murder, the | 743 |
person shall be sentenced to life imprisonment without parole. | 744 |
(4) If the most serious underlying specified offense the | 745 |
defendant committed is aggravated murder, the offender shall be | 746 |
sentenced to life imprisonment without parole or death pursuant to | 747 |
sections 2929.02 to 2929.06 of the Revised Code. | 748 |
(5) Section 2909.25 of the Revised Code applies regarding an | 749 |
offender who is convicted of or pleads guilty to a violation of | 750 |
this section. | 751 |
Sec. 2909.25. (A) In addition to the financial sanctions | 752 |
authorized under section 2929.18 of the Revised Code, the court | 753 |
imposing sentence upon an offender who is convicted of or pleads | 754 |
guilty to a violation of section 2909.22, 2909.23, or 2909.24 of | 755 |
the Revised Code or to a violation of section 2921.32 of the | 756 |
Revised Code when the offense or act committed by the person aided | 757 |
or to be aided as described in that section is an act of terrorism | 758 |
may order the offender to pay to the state, municipal, or county | 759 |
law enforcement agencies that handled the investigation and | 760 |
prosecution all of the costs that the state, municipal | 761 |
corporation, or county reasonably incurred in the investigation | 762 |
and prosecution of the violation. The court shall hold a hearing | 763 |
to determine the amount of costs to be imposed under this section. | 764 |
The court may hold the hearing as part of the sentencing hearing | 765 |
for the offender. | 766 |
(B) If a person is convicted of or pleads guilty to a | 767 |
violation of section 2909.23 or 2909.24 of the Revised Code and if | 768 |
any political subdivision incurred any response costs as a result | 769 |
of, or in making any response to, the threat of the specified | 770 |
offense involved in the violation of section 2909.23 of the | 771 |
Revised Code or the actual specified offense involved in the | 772 |
violation of section 2909.24 of the Revised Code, in addition to | 773 |
the financial sanctions authorized under section 2929.18 of the | 774 |
Revised Code, the court imposing sentence upon the offender for | 775 |
the violation may order the offender to reimburse the involved | 776 |
political subdivision for the response costs it so incurred. | 777 |
Sec. 2921.32. (A) No person, with purpose to hinder the | 778 |
discovery, apprehension, prosecution, conviction, or punishment of | 779 |
another for crime or to assist another to benefit from the | 780 |
commission of a crime, and no person, with purpose to hinder the | 781 |
discovery, apprehension, prosecution, adjudication as a delinquent | 782 |
child, or disposition of a child for an act that if committed by | 783 |
an adult would be a crime or to assist a child to benefit from the | 784 |
commission of an act that if committed by an adult would be a | 785 |
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 avoiding | 789 |
discovery or apprehension; | 790 |
(3) Warn the other person or child of impending discovery or | 791 |
apprehension; | 792 |
(4) Destroy or conceal physical evidence of the crime or | 793 |
act, or induce any person to withhold testimony or information or | 794 |
to elude legal process summoning the person to testify or supply | 795 |
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 the | 799 |
discovery, apprehension, or prosectuion of the other person or | 800 |
child. | 801 |
(B) A person may be prosecuted for, and may be convicted of | 802 |
or adjudicated a delinquent child for committing, a violation of | 803 |
division (A) of this section regardless of whether the person or | 804 |
child aided ultimately is apprehended for, is charged with, is | 805 |
convicted of, pleads guilty to, or is adjudicated a delinquent | 806 |
child for committing the crime or act the person or child aided | 807 |
committed. The crime or act the person or child aided committed | 808 |
shall be used under division (C) of this section in determining | 809 |
the penalty for the violation of division (A) of this section, | 810 |
regardless of whether the person or child aided ultimately is | 811 |
apprehended for, is charged with, is convicted of, pleads guilty | 812 |
to, or is adjudicated a delinquent child for committing the crime | 813 |
or act the person or child aided committed. | 814 |
(C)(1) Whoever violates this section is guilty of | 815 |
obstructing justice. | 816 |
(2) If the crime committed by the person aided is a | 817 |
misdemeanor or if the act committed by the child aided would be a | 818 |
misdemeanor if committed by an adult, obstructing justice is a | 819 |
misdemeanor of the same degree as the crime committed by the | 820 |
person aided or a misdemeanor of the same degree that the act | 821 |
committed by the child aided would be if committed by an adult. | 822 |
(3) Except as otherwise provided in
| 823 |
(C)(4) and (5) of this section, if the crime committed by the | 824 |
person aided is a felony or if the act committed by the child | 825 |
aided would be a felony if committed by an adult, obstructing | 826 |
justice is a felony of the fifth degree. | 827 |
(4) If the crime committed by the person aided is aggravated | 828 |
murder, murder, or a felony of the first or second degree or if | 829 |
the act committed by the child aided would be one of those | 830 |
offenses if committed by an adult and if the offender knows or has | 831 |
reason to believe that the crime committed by the person aided is | 832 |
one of those offenses or that the act committed by the child aided | 833 |
would be one of those offenses if committed by an adult, | 834 |
obstructing justice is a felony of the third degree. | 835 |
| 836 |
aided is an act of terrorism, obstructing justice is one of the | 837 |
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 person | 841 |
who was not a participant in the act of terrorism, a felony of the | 842 |
first degree. | 843 |
(D) As used in this section: | 844 |
(1) "Adult" and "child" have the same meanings as in section | 845 |
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 section | 849 |
2909.21 of the Revised Code. | 850 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 851 |
Revised Code: | 852 |
(A) "Beneficial interest" means any of the following: | 853 |
(1) The interest of a person as a beneficiary under a trust | 854 |
in which the trustee holds title to personal or real property; | 855 |
(2) The interest of a person as a beneficiary under any | 856 |
other trust arrangement under which any other person holds title | 857 |
to personal or real property for the benefit of such person; | 858 |
(3) The interest of a person under any other form of express | 859 |
fiduciary arrangement under which any other person holds title to | 860 |
personal or real property for the benefit of such person. | 861 |
"Beneficial interest" does not include the interest of a | 862 |
stockholder in a corporation or the interest of a partner in | 863 |
either a general or limited partnership. | 864 |
(B) "Costs of investigation and prosecution" and "costs of | 865 |
investigation and litigation" mean all of the costs incurred by | 866 |
the state or a county or municipal corporation under sections | 867 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 868 |
investigation of any criminal action or in the litigation and | 869 |
investigation of any civil action, and includes, but is not | 870 |
limited to, the costs of resources and personnel. | 871 |
(C) "Enterprise" includes any individual, sole | 872 |
proprietorship, partnership, limited partnership, corporation, | 873 |
trust, union, government agency, or other legal entity, or any | 874 |
organization, association, or group of persons associated in fact | 875 |
although not a legal entity. "Enterprise" includes illicit as | 876 |
well as licit enterprises. | 877 |
(D) "Innocent person" includes any bona fide purchaser of | 878 |
property that is allegedly involved in a violation of section | 879 |
2923.32 of the Revised Code, including any person who establishes | 880 |
a valid claim to or interest in the property in accordance with | 881 |
division (E) of section 2923.32 of the Revised Code, and any | 882 |
victim of an alleged violation of that section or of any | 883 |
underlying offense involved in an alleged violation of that | 884 |
section. | 885 |
(E) "Pattern of corrupt activity" means two or more | 886 |
incidents of corrupt activity, whether or not there has been a | 887 |
prior conviction, that are related to the affairs of the same | 888 |
enterprise, are not isolated, and are not so closely related to | 889 |
each other and connected in time and place that they constitute a | 890 |
single event. | 891 |
At least one of the incidents forming the pattern shall occur | 892 |
on or after January 1, 1986. Unless any incident was an | 893 |
aggravated murder or murder, the last of the incidents forming the | 894 |
pattern shall occur within six years after the commission of any | 895 |
prior incident forming the pattern, excluding any period of | 896 |
imprisonment served by any person engaging in the corrupt | 897 |
activity. | 898 |
For the purposes of the criminal penalties that may be | 899 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 900 |
one of the incidents forming the pattern shall constitute a felony | 901 |
under the laws of this state in existence at the time it was | 902 |
committed or, if committed in violation of the laws of the United | 903 |
States or of any other state, shall constitute a felony under the | 904 |
law of the United States or the other state and would be a | 905 |
criminal offense under the law of this state if committed in this | 906 |
state. | 907 |
(F) "Pecuniary value" means money, a negotiable instrument, | 908 |
a commercial interest, or anything of value, as defined in section | 909 |
1.03 of the Revised Code, or any other property or service that | 910 |
has a value in excess of one hundred dollars. | 911 |
(G) "Person" means any person, as defined in section 1.59 of | 912 |
the Revised Code, and any governmental officer, employee, or | 913 |
entity. | 914 |
(H) "Personal property" means any personal property, any | 915 |
interest in personal property, or any right, including, but not | 916 |
limited to, bank accounts, debts, corporate stocks, patents, or | 917 |
copyrights. Personal property and any beneficial interest in | 918 |
personal property are deemed to be located where the trustee of | 919 |
the property, the personal property, or the instrument evidencing | 920 |
the right is located. | 921 |
(I) "Corrupt activity" means engaging in, attempting to | 922 |
engage in, conspiring to engage in, or soliciting, coercing, or | 923 |
intimidating another person to engage in any of the following: | 924 |
(1) Conduct defined as "racketeering activity" under the | 925 |
"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, or | 934 |
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) of | 937 |
section 2923.20; division (J)(1) of section 4712.02; section | 938 |
4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section | 939 |
4719.07; section 4719.08; or division (A) of section 4719.09 of | 940 |
the Revised Code. | 941 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 942 |
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 occurs | 944 |
on or after July 1, 1996, and that, had it occurred prior to that | 945 |
date, would have been a violation of section 3769.11 of the | 946 |
Revised Code as it existed prior to that date, or any violation of | 947 |
section 2915.05 of the Revised Code that occurs on or after July | 948 |
1, 1996, and that, had it occurred prior to that date, would have | 949 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 950 |
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 2925.37 | 954 |
of the Revised Code, any violation of section 2925.11 of the | 955 |
Revised Code that is a felony of the first, second, third, or | 956 |
fourth degree and that occurs on or after July 1, 1996, any | 957 |
violation of section 2915.02 of the Revised Code that occurred | 958 |
prior to July 1, 1996, any violation of section 2915.02 of the | 959 |
Revised Code that occurs on or after July 1, 1996, and that, had | 960 |
it occurred prior to that date, would not have been a violation of | 961 |
section 3769.11 of the Revised Code as it existed prior to that | 962 |
date, any violation of section 2915.06 of the Revised Code as it | 963 |
existed prior to July 1, 1996, or any violation of division (B) of | 964 |
section 2915.05 of the Revised Code as it exists on and after July | 965 |
1, 1996, when the proceeds of the violation, the payments made in | 966 |
the violation, the amount of a claim for payment or for any other | 967 |
benefit that is false or deceptive and that is involved in the | 968 |
violation, or the value of the contraband or other property | 969 |
illegally possessed, sold, or purchased in the violation exceeds | 970 |
five hundred dollars, or any combination of violations described | 971 |
in division (I)(2)(c) of this section when the total proceeds of | 972 |
the combination of violations, payments made in the combination of | 973 |
violations, amount of the claims for payment or for other benefits | 974 |
that is false or deceptive and that is involved in the combination | 975 |
of violations, or value of the contraband or other property | 976 |
illegally possessed, sold, or purchased in the combination of | 977 |
violations exceeds five hundred dollars; | 978 |
(d) Any violation of section 5743.112 of the Revised Code | 979 |
when the amount of unpaid tax exceeds one hundred dollars; | 980 |
(e) Any violation or combination of violations of section | 981 |
2907.32 of the Revised Code involving any material or performance | 982 |
containing a display of bestiality or of sexual conduct, as | 983 |
defined in section 2907.01 of the Revised Code, that is explicit | 984 |
and depicted with clearly visible penetration of the genitals or | 985 |
clearly visible penetration by the penis of any orifice when the | 986 |
total proceeds of the violation or combination of violations, the | 987 |
payments made in the violation or combination of violations, or | 988 |
the value of the contraband or other property illegally possessed, | 989 |
sold, or purchased in the violation or combination of violations | 990 |
exceeds five hundred dollars; | 991 |
(f) Any combination of violations described in division | 992 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 993 |
Revised Code involving any material or performance containing a | 994 |
display of bestiality or of sexual conduct, as defined in section | 995 |
2907.01 of the Revised Code, that is explicit and depicted with | 996 |
clearly visible penetration of the genitals or clearly visible | 997 |
penetration by the penis of any orifice when the total proceeds of | 998 |
the combination of violations, payments made in the combination of | 999 |
violations, amount of the claims for payment or for other benefits | 1000 |
that is false or deceptive and that is involved in the combination | 1001 |
of violations, or value of the contraband or other property | 1002 |
illegally possessed, sold, or purchased in the combination of | 1003 |
violations exceeds five hundred dollars. | 1004 |
(3) Conduct constituting a violation of any law of any state | 1005 |
other than this state that is substantially similar to the conduct | 1006 |
described in division (I)(2) of this section, provided the | 1007 |
defendant was convicted of the conduct in a criminal proceeding in | 1008 |
the other state. | 1009 |
(J) "Real property" means any real property or any interest | 1010 |
in real property, including, but not limited to, any lease of, or | 1011 |
mortgage upon, real property. Real property and any beneficial | 1012 |
interest in it is deemed to be located where the real property is | 1013 |
located. | 1014 |
(K) "Trustee" means any of the following: | 1015 |
(1) Any person acting as trustee under a trust in which the | 1016 |
trustee holds title to personal or real property; | 1017 |
(2) Any person who holds title to personal or real property | 1018 |
for which any other person has a beneficial interest; | 1019 |
(3) Any successor trustee. | 1020 |
"Trustee" does not include an assignee or trustee for an | 1021 |
insolvent debtor or an executor, administrator, administrator with | 1022 |
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 value | 1025 |
constituting principal or interest of a debt that is legally | 1026 |
unenforceable in this state in whole or in part because the debt | 1027 |
was incurred or contracted in violation of any federal or state | 1028 |
law relating to the business of gambling activity or relating to | 1029 |
the business of lending money at an usurious rate unless the | 1030 |
creditor proves, by a preponderance of the evidence, that the | 1031 |
usurious rate was not intentionally set and that it resulted from | 1032 |
a good faith error by the creditor, notwithstanding the | 1033 |
maintenance of procedures that were adopted by the creditor to | 1034 |
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 of | 1037 |
the Revised Code. | 1038 |
(2) "Drug" has the same meaning as in section 4729.01 of the | 1039 |
Revised Code. | 1040 |
(3) "Hazardous chemical, biological, or radioactive | 1041 |
substance" means any of the following: | 1042 |
(a) Any toxic or poisonous chemical, the precursor of any | 1043 |
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 to | 1046 |
release radiation or radioactivity at a level dangerous to human | 1047 |
life. | 1048 |
(4) "Biological agent" means any microorganism, virus, | 1049 |
infectious substance, or biological product that may be engineered | 1050 |
through biotechnology, or any naturally occurring or bioengineered | 1051 |
component of any microorganism, virus, infectious substance, or | 1052 |
biological product that may be engineered through biotechnology, | 1053 |
capable of causing death, disease, or other biological malfunction | 1054 |
in a human, an animal, a plant, or another living organism, | 1055 |
deterioration of food, water, equipment, supplies, or material of | 1056 |
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 a | 1059 |
recombinant molecule, whatever its origin or method of | 1060 |
reproduction, including, but not limited to, any poisonous | 1061 |
substance or biological product that may be engineered through | 1062 |
biotechnology or produced by a living organism and any poisonous | 1063 |
isomer or biological product, homolog, or derivative of any | 1064 |
substance or product of that nature. | 1065 |
(B) Except as provided in division (D) of this section, no | 1066 |
person shall
| 1067 |
(1) Knowingly mingle a poison, hazardous chemical, | 1068 |
biological, or radioactive substance, or other harmful substance | 1069 |
with a food, drink, nonprescription drug, prescription drug, or | 1070 |
pharmaceutical product, or knowingly place a poison, hazardous | 1071 |
chemical, biological, or radioactive substance, or other harmful | 1072 |
substance in a spring, well, reservoir, or public water supply, if | 1073 |
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 purposes | 1076 |
of this division, a person does not know or have reason to know | 1077 |
that water may be ingested or used by another person if it is | 1078 |
disposed of as waste into a household drain including the drain of | 1079 |
a toilet, sink, tub, or floor. | 1080 |
(2) Knowingly release into the air, knowingly leave in any | 1081 |
public place, or knowingly expose one or more persons to any | 1082 |
hazardous chemical, biological, or radioactive substance with the | 1083 |
intent to cause, or create a risk of, death or serious physical | 1084 |
harm to any person. | 1085 |
(C) No person shall
| 1086 |
(1) Inform another person that a poison, hazardous chemical, | 1087 |
biological, or radioactive substance, or other harmful substance | 1088 |
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 poison | 1091 |
or
| 1092 |
of this section, and the person knows both that the information is | 1093 |
false and that the information likely will be disseminated to the | 1094 |
public. | 1095 |
(2) Inform another person that a hazardous chemical, | 1096 |
biological, or radioactive substance has been or will be released | 1097 |
into the air or left in a public place, or that one or more | 1098 |
persons has been or will be exposed to a hazardous chemical, | 1099 |
biological, or radioactive substance, if the release, leaving, or | 1100 |
exposure of the hazardous chemical, biological, or radioactive | 1101 |
substance would be a violation of division (B)(2) of this section, | 1102 |
and the person knows both that the information is false and that | 1103 |
the information likely will be disseminated to the general public. | 1104 |
(D)(1) A person may mingle a drug with a food or drink for | 1105 |
the purpose of causing the drug to be ingested or used in the | 1106 |
quantity described by its labeling or prescription. | 1107 |
(2) A person may place a poison or other harmful substance | 1108 |
in a spring, well, reservoir, or public water supply in such | 1109 |
quantity as is necessary to treat the spring, well, reservoir, or | 1110 |
water supply to make it safe for human consumption and use. | 1111 |
(3) The provisions of division
| 1112 |
not be applied in a manner that conflicts with any other state or | 1113 |
federal law or rule relating to substances permitted to be applied | 1114 |
to or present in any food, raw or processed, any milk or milk | 1115 |
product, any meat or meat product, any type of crop, water, or | 1116 |
alcoholic or nonalcoholic beverage. | 1117 |
(E)(1) Whoever violates division (B)(1) or (2) of this | 1118 |
section is guilty of contaminating a substance for human | 1119 |
consumption or use or contamination with a hazardous chemical, | 1120 |
biological, or radioactive substance. Except as otherwise | 1121 |
provided in this division, contaminating a substance for human | 1122 |
consumption or use or contamination with a hazardous chemical, | 1123 |
biological, or radioactive substance is a felony of the first | 1124 |
degree. If the offense involved an amount of poison, the | 1125 |
hazardous chemical, biological, or radioactive substance, or the | 1126 |
other harmful substance sufficient to cause death if ingested or | 1127 |
used by a person regarding a violation of division (B)(1) of this | 1128 |
section or sufficient to cause death to persons who are exposed to | 1129 |
it regarding a violation of division (B)(2) of this section or if | 1130 |
the offense resulted in serious physical harm to another person, | 1131 |
whoever violates division (B)(1) or (2) of this section shall be | 1132 |
imprisoned for life with parole eligibility after serving fifteen | 1133 |
years of imprisonment. | 1134 |
(2) Whoever violates division (C)(1) or (2) of this section | 1135 |
is guilty of spreading a false report of contamination, a felony | 1136 |
of the fourth degree. | 1137 |
(F) Divisions (C)(1) and (2) of this section do not limit or | 1138 |
affect the application of sections 2917.31 or 2917.32 of the | 1139 |
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 the | 1141 |
Revised Code may be prosecuted under this section, section 2917.31 | 1142 |
or 2917.32 of the Revised Code, or both this section and section | 1143 |
2917.31 or 2917.32 of the Revised Code. | 1144 |
Sec. 2929.04. (A) Imposition of the death penalty for | 1145 |
aggravated murder is precluded unless one or more of the following | 1146 |
is specified in the indictment or count in the indictment pursuant | 1147 |
to section 2941.14 of the Revised Code and proved beyond a | 1148 |
reasonable doubt: | 1149 |
(1) The offense was the assassination of the president of | 1150 |
the United States or a person in line of succession to the | 1151 |
presidency, the governor or lieutenant governor of this state, the | 1152 |
president-elect or vice president-elect of the United States, the | 1153 |
governor-elect or lieutenant governor-elect of this state, or a | 1154 |
candidate for any of the offices described in this division. For | 1155 |
purposes of this division, a person is a candidate if the person | 1156 |
has been nominated for election according to law, if the person | 1157 |
has filed a petition or petitions according to law to have the | 1158 |
person's name placed on the ballot in a primary or general | 1159 |
election, or if the person campaigns as a write-in candidate in a | 1160 |
primary or general election. | 1161 |
(2) The offense was committed for hire. | 1162 |
(3) The offense was committed for the purpose of escaping | 1163 |
detection, apprehension, trial, or punishment for another offense | 1164 |
committed by the offender. | 1165 |
(4) The offense was committed while the offender was under | 1166 |
detention or while the offender was at large after having broken | 1167 |
detention. As used in division (A)(4) of this section, | 1168 |
"detention" has the same meaning as in section 2921.01 of the | 1169 |
Revised Code, except that detention does not include | 1170 |
hospitalization, institutionalization, or confinement in a mental | 1171 |
health facility or mental retardation and developmentally disabled | 1172 |
facility unless at the time of the commission of the offense | 1173 |
either of the following circumstances apply: | 1174 |
(a) The offender was in the facility as a result of being | 1175 |
charged with a violation of a section of the Revised Code. | 1176 |
(b) The offender was under detention as a result of being | 1177 |
convicted of or pleading guilty to a violation of a section of the | 1178 |
Revised Code. | 1179 |
(5) Prior to the offense at bar, the offender was convicted | 1180 |
of an offense an essential element of which was the purposeful | 1181 |
killing of or attempt to kill another, or the offense at bar was | 1182 |
part of a course of conduct involving the purposeful killing of or | 1183 |
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 the | 1186 |
offender had reasonable cause to know or knew to be a law | 1187 |
enforcement officer as so defined, and either the victim, at the | 1188 |
time of the commission of the offense, was engaged in the victim's | 1189 |
duties, or it was the offender's specific purpose to kill a law | 1190 |
enforcement officer as so defined. | 1191 |
(7) The offense was committed while the offender was | 1192 |
committing, attempting to commit, or fleeing immediately after | 1193 |
committing or attempting to commit kidnapping, rape, aggravated | 1194 |
arson, aggravated robbery, or aggravated burglary, and either the | 1195 |
offender was the principal offender in the commission of the | 1196 |
aggravated murder or, if not the principal offender, committed the | 1197 |
aggravated murder with prior calculation and design. | 1198 |
(8) The victim of the aggravated murder was a witness to an | 1199 |
offense who was purposely killed to prevent the victim's testimony | 1200 |
in any criminal proceeding and the aggravated murder was not | 1201 |
committed during the commission, attempted commission, or flight | 1202 |
immediately after the commission or attempted commission of the | 1203 |
offense to which the victim was a witness, or the victim of the | 1204 |
aggravated murder was a witness to an offense and was purposely | 1205 |
killed in retaliation for the victim's testimony in any criminal | 1206 |
proceeding. | 1207 |
(9) The offender, in the commission of the offense, | 1208 |
purposefully caused the death of another who was under thirteen | 1209 |
years of age at the time of the commission of the offense, and | 1210 |
either the offender was the principal offender in the commission | 1211 |
of the offense or, if not the principal offender, committed the | 1212 |
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 of | 1215 |
terrorism, as defined in section 2909.21 of the Revised Code, or | 1216 |
the offense was committed while the offender was committing, | 1217 |
attempting to commit, or fleeing immediately after committing or | 1218 |
attempting to commit terrorism. | 1219 |
(B) If one or more of the aggravating circumstances listed | 1220 |
in division (A) of this section is specified in the indictment or | 1221 |
count in the indictment and proved beyond a reasonable doubt, and | 1222 |
if the offender did not raise the matter of age pursuant to | 1223 |
section 2929.023 of the Revised Code or if the offender, after | 1224 |
raising the matter of age, was found at trial to have been | 1225 |
eighteen years of age or older at the time of the commission of | 1226 |
the offense, the court, trial jury, or panel of three judges shall | 1227 |
consider, and weigh against the aggravating circumstances proved | 1228 |
beyond a reasonable doubt, the nature and circumstances of the | 1229 |
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 facilitated | 1232 |
it; | 1233 |
(2) Whether it is unlikely that the offense would have been | 1234 |
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, the | 1237 |
offender, because of a mental disease or defect, lacked | 1238 |
substantial capacity to appreciate the criminality of the | 1239 |
offender's conduct or to conform the offender's conduct to the | 1240 |
requirements of the law; | 1241 |
(4) The youth of the offender; | 1242 |
(5) The offender's lack of a significant history of prior | 1243 |
criminal convictions and delinquency adjudications; | 1244 |
(6) If the offender was a participant in the offense but not | 1245 |
the principal offender, the degree of the offender's participation | 1246 |
in the offense and the degree of the offender's participation in | 1247 |
the acts that led to the death of the victim; | 1248 |
(7) Any other factors that are relevant to the issue of | 1249 |
whether the offender should be sentenced to death. | 1250 |
(C) The defendant shall be given great latitude in the | 1251 |
presentation of evidence of the factors listed in division (B) of | 1252 |
this section and of any other factors in mitigation of the | 1253 |
imposition of the sentence of death. | 1254 |
The existence of any of the mitigating factors listed in | 1255 |
division (B) of this section does not preclude the imposition of a | 1256 |
sentence of death on the offender but shall be weighed pursuant to | 1257 |
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by | 1258 |
the trial court, trial jury, or the panel of three judges against | 1259 |
the aggravating circumstances the offender was found guilty of | 1260 |
committing. | 1261 |
Sec. 2933.51. As used in sections 2933.51 to 2933.66 of the | 1262 |
Revised Code: | 1263 |
(A) "Wire communication" means an aural transfer that is | 1264 |
made in whole or in part through the use of facilities for the | 1265 |
transmission of communications by the aid of wires or similar | 1266 |
methods of connecting the point of origin of the communication and | 1267 |
the point of reception of the communication, including the use of | 1268 |
a method of connecting the point of origin and the point of | 1269 |
reception of the communication in a switching station, if the | 1270 |
facilities are furnished or operated by a person engaged in | 1271 |
providing or operating the facilities for the transmission of | 1272 |
communications. "Wire communication" includes an electronic | 1273 |
storage of a wire communication. | 1274 |
(B) "Oral communication" means an oral communication uttered | 1275 |
by a person exhibiting an expectation that the communication is | 1276 |
not subject to interception under circumstances justifying that | 1277 |
expectation. "Oral communication" does not include an electronic | 1278 |
communication. | 1279 |
(C) "Intercept" means the aural or other acquisition of the | 1280 |
contents of any wire, oral, or electronic communication through | 1281 |
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 not | 1285 |
mean any of the following: | 1286 |
(1) A telephone or telegraph instrument, equipment, or | 1287 |
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 of | 1290 |
wire or electronic communication service in the ordinary course of | 1291 |
its business and being used by the subscriber or user in the | 1292 |
ordinary course of its business; | 1293 |
(b) Furnished by a subscriber or user for connection to the | 1294 |
facilities of a provider of wire or electronic communication | 1295 |
service and used in the ordinary course of that subscriber's or | 1296 |
user's business; | 1297 |
(c) Being used by a provider of wire or electronic | 1298 |
communication service in the ordinary course of its business or by | 1299 |
an investigative or law enforcement officer in the ordinary course | 1300 |
of the officer's duties that do not involve the interception of | 1301 |
wire, oral, or electronic communications. | 1302 |
(2) A hearing aid or similar device being used to correct | 1303 |
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 of | 1306 |
this state, who is empowered by law to conduct investigations or | 1307 |
to make arrests for a designated offense; | 1308 |
(2) A person described in divisions (A)(11)(a) and (b) of | 1309 |
section 2901.01 of the Revised Code; | 1310 |
(3) An attorney authorized by law to prosecute or | 1311 |
participate in the prosecution of a designated offense; | 1312 |
(4) A secret service officer appointed pursuant to section | 1313 |
309.07 of the Revised Code; | 1314 |
(5) An officer of the United States, a state, or a political | 1315 |
subdivision of a state who is authorized to conduct investigations | 1316 |
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 that | 1319 |
authorizes the interception of wire, oral, or electronic | 1320 |
communications and that is issued pursuant to sections 2933.53 to | 1321 |
2933.56 of the Revised Code. | 1322 |
(G) "Contents," when used with respect to a wire, oral, or | 1323 |
electronic communication, includes any information concerning the | 1324 |
substance, purport, or meaning of the communication. | 1325 |
(H) "Communications common carrier" means a person who is | 1326 |
engaged as a common carrier for hire in intrastate, interstate, or | 1327 |
foreign communications by wire, radio, or radio transmission of | 1328 |
energy. "Communications common carrier" does not include, to the | 1329 |
extent that the person is engaged in radio broadcasting, a person | 1330 |
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 2915.05 | 1339 |
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 violation | 1342 |
of section 2905.04 of the Revised Code as it existed prior to that | 1343 |
date; | 1344 |
(3) A felony violation of section 2925.11 of the Revised | 1345 |
Code that is not a minor drug possession offense, as defined in | 1346 |
section 2925.01 of the Revised Code; | 1347 |
(4) Complicity in the commission of a felony violation of a | 1348 |
section listed in division (I)(1), (2), or (3) of this section; | 1349 |
(5) An attempt to commit, or conspiracy in the commission | 1350 |
of, a felony violation of a section listed in division (I)(1), | 1351 |
(2), or (3) of this section, if the attempt or conspiracy is | 1352 |
punishable by a term of imprisonment of more than one year. | 1353 |
(J) "Aggrieved person" means a person who was a party to an | 1354 |
intercepted wire, oral, or electronic communication or a person | 1355 |
against whom the interception of the communication was directed. | 1356 |
(K) "Person" means a person, as defined in section 1.59 of | 1357 |
the Revised Code, or a governmental officer, employee, or entity. | 1358 |
(L) "Special need" means a showing that a licensed | 1359 |
physician, licensed practicing psychologist, attorney, practicing | 1360 |
cleric, journalist, or either spouse is personally engaging in | 1361 |
continuing criminal activity, was engaged in continuing criminal | 1362 |
activity over a period of time, or is committing, has committed, | 1363 |
or is about to commit, a designated offense, or a showing that | 1364 |
specified public facilities are being regularly used by someone | 1365 |
who is personally engaging in continuing criminal activity, was | 1366 |
engaged in continuing criminal activity over a period of time, or | 1367 |
is committing, has committed, or is about to commit, a designated | 1368 |
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 or | 1372 |
television station, or a similar media, for the purpose of | 1373 |
gathering, processing, transmitting, compiling, editing, or | 1374 |
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 any | 1377 |
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 mechanical | 1383 |
tracking device that permits the tracking of the movement of a | 1384 |
person or object. | 1385 |
(O) "User" means a person or entity that uses an electronic | 1386 |
communication service and is duly authorized by the provider of | 1387 |
the service to engage in the use of the electronic communication | 1388 |
service. | 1389 |
(P) "Electronic communications system" means a wire, radio, | 1390 |
electromagnetic, photoelectronic, or photo-optical facility for | 1391 |
the transmission of electronic communications, and a computer | 1392 |
facility or related electronic equipment for the electronic | 1393 |
storage of electronic communications. | 1394 |
(Q) "Electronic communication service" means a service that | 1395 |
provides to users of the service the ability to send or receive | 1396 |
wire or electronic communications. | 1397 |
(R) "Readily accessible to the general public" means, with | 1398 |
respect to a radio communication, that the communication is none | 1399 |
of the following: | 1400 |
(1) Scrambled or encrypted; | 1401 |
(2) Transmitted using a modulation technique, the essential | 1402 |
parameters of which have been withheld from the public with the | 1403 |
intention of preserving the privacy of the communication; | 1404 |
(3) Carried on a subcarrier or other signal subsidiary to a | 1405 |
radio transmission; | 1406 |
(4) Transmitted over a communications system provided by a | 1407 |
communications common carrier, unless the communication is a | 1408 |
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 the | 1411 |
Federal Communications Commission, as those provisions existed on | 1412 |
July 1, 1996, unless, in the case of a communication transmitted | 1413 |
on a frequency allocated under part 74 that is not exclusively | 1414 |
allocated to broadcast auxiliary services, the communication is a | 1415 |
two-way voice communication by radio. | 1416 |
(S) "Electronic storage" means a temporary, intermediate | 1417 |
storage of a wire or electronic communication that is incidental | 1418 |
to the electronic transmission of the communication, and a storage | 1419 |
of a wire or electronic communication by an electronic | 1420 |
communication service for the purpose of backup protection of the | 1421 |
communication. | 1422 |
(T) "Aural transfer" means a transfer containing the human | 1423 |
voice at a point between and including the point of origin and the | 1424 |
point of reception. | 1425 |
(U) "Pen register" means a device that records or decodes | 1426 |
electronic impulses that identify the numbers dialed, pulsed, or | 1427 |
otherwise transmitted on telephone lines to which the device is | 1428 |
attached. | 1429 |
(V) "Trap and trace device" means a device that captures the | 1430 |
incoming electronic or other impulses that identify the | 1431 |
originating number of an instrument or device from which a wire | 1432 |
communication or electronic communication was transmitted but that | 1433 |
does not intercept the contents of the wire communication or | 1434 |
electronic communication. | 1435 |
(W) "Judge of a court of common pleas" means a judge of that | 1436 |
court who is elected or appointed as a judge of general | 1437 |
jurisdiction or as a judge who exercises both general jurisdiction | 1438 |
and probate, domestic relations, or juvenile jurisdiction. "Judge | 1439 |
of a court of common pleas" does not mean a judge of that court | 1440 |
who is elected or appointed specifically as a probate, domestic | 1441 |
relations, or juvenile judge. | 1442 |
Sec. 2941.14. (A) In an indictment for aggravated murder, | 1443 |
murder, or voluntary or involuntary manslaughter, the manner in | 1444 |
which, or the means by which the death was caused need not be set | 1445 |
forth. | 1446 |
(B) Imposition of the death penalty for aggravated murder is | 1447 |
precluded unless the indictment or count in the indictment | 1448 |
charging the offense specifies one or more of the aggravating | 1449 |
circumstances listed in division (A) of section 2929.04 of the | 1450 |
Revised Code. If more than one aggravating circumstance is | 1451 |
specified to an indictment or count, each shall be in a separately | 1452 |
numbered specification, and if an aggravating circumstance is | 1453 |
specified to a count in an indictment containing more than one | 1454 |
count, such specification shall be identified as to the count to | 1455 |
which it applies. | 1456 |
(C) A specification to an indictment or count in an | 1457 |
indictment charging aggravated murder shall be stated at the end | 1458 |
of the body of the indictment or count, and may be in | 1459 |
substantially the following form: | 1460 |
"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE | 1461 |
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand | 1462 |
Jurors further find and specify that (set forth the applicable | 1463 |
aggravating circumstance listed in divisions (A)(1) to
| 1464 |
section 2929.04 of the Revised Code. The aggravating circumstance | 1465 |
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 the | 1469 |
Revised Code are hereby repealed. | 1470 |
Section 3. This act is hereby declared to be an emergency | 1471 |
measure necessary for the immediate preservation of the public | 1472 |
peace, health, and safety. The reason for such necessity is that | 1473 |
the recent terrorist attacks of September 11, 2001, underscore the | 1474 |
compelling need for legislation that is specifically designed to | 1475 |
combat the evils of terrorism, that comprehensive state laws are | 1476 |
urgently needed to complement federal laws in the fight against | 1477 |
terrorism and to better protect all citizens against terrorist | 1478 |
acts, and that state laws must be strengthened to ensure that | 1479 |
terrorists, as well as those who solicit or provide financial and | 1480 |
other support to terrorists, are prosecuted and punished in state | 1481 |
courts with appropriate severity. Therefore, this act shall go | 1482 |
into immediate effect. | 1483 |