REPRESENTATIVES Womer Benjamin, Seitz, Latta, Hughes, Faber, Willamowski, Sulzer, Brown, Seaver

To amend sections 121.22, 2901.01, 2903.01, 2921.32,

1

2923.31, 2927.24, 2929.04, 2933.51, 2941.14,

2

3313.536, 4507.09, 5502.26, 5502.27, and 5502.271

3

and to enact sections 149.433, 2152.201, 2909.21,

4

2909.22, 2909.23, 2909.24, and 2909.25 of the

5

Revised Code to create the offenses of terrorism,

6

soliciting or providing support for an act of

7

terrorism, and making a terroristic threat; to

8

expand certain offenses and laws relative to those

9

offenses; to increase the penalty for obstructing

10

justice involving terrorism; to expand and rename

11

contaminating a substance for human consumption to

12

include contamination with any hazardous chemical,

13

biological, or radioactive substance; to exempt

14

certain security-related information from the

15

Public Records Law; to revise the Open Meetings Law

16

provision regarding executive sessions to consider

17

security matters; to revise the Emergency

18

Management Law regarding all-hazards emergency

19

operations plans; and to declare an emergency.

20

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

Section 1. That sections 121.22, 2901.01, 2903.01, 2921.32,	21
2923.31, 2927.24, 2929.04, 2933.51, 2941.14, 3313.536, 4507.09,	22
5502.26, 5502.27, and 5502.271 be amended and sections 149.433,	23
2152.201, 2909.21, 2909.22, 2909.23, 2909.24, and 2909.25 of the	24
Revised Code be enacted to read as follows:	25

Sec. 121.22.  (A) This section shall be liberally construed	26
to require public officials to take official action and to conduct	27
all deliberations upon official business only in open meetings	28
unless the subject matter is specifically excepted by law.	29

(B) As used in this section:

30

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

31

(a) Any board, commission, committee, council, or similar	32
decision-making body of a state agency, institution, or authority,	33
and any legislative authority or board, commission, committee,	34
council, agency, authority, or similar decision-making body of any	35
county, township, municipal corporation, school district, or other	36
political subdivision or local public institution;	37

(b) Any committee or subcommittee of a body described in	38
division (B)(1)(a) of this section;	39

(c) A court of jurisdiction of a sanitary district organized	40
wholly for the purpose of providing a water supply for domestic,	41
municipal, and public use when meeting for the purpose of the	42
appointment, removal, or reappointment of a member of the board of	43
directors of such a district pursuant to section 6115.10 of the	44
Revised Code, if applicable, or for any other matter related to	45
such a district other than litigation involving the district. As	46
used in division (B)(1)(c) of this section, "court of	47
jurisdiction" has the same meaning as "court" in section 6115.01	48
of the Revised Code.	49

(2) "Meeting" means any prearranged discussion of the public	50
business of the public body by a majority of its members.	51

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

52

(a) A student in a state or local public educational	53
institution;	54

(b) A person who is, voluntarily or involuntarily, an	55
inmate, patient, or resident of a state or local institution	56
because of criminal behavior, mental illness or retardation,	57
disease, disability, age, or other condition requiring custodial	58
care.	59

(4) "Public office" has the same meaning as in section	60
149.011 of the Revised Code.	61

(C) All meetings of any public body are declared to be	62
public meetings open to the public at all times. A member of a	63
public body shall be present in person at a meeting open to the	64
public to be considered present or to vote at the meeting and for	65
purposes of determining whether a quorum is present at the	66
meeting.	67

The minutes of a regular or special meeting of any public	68
body shall be promptly prepared, filed, and maintained and shall	69
be open to public inspection. The minutes need only reflect the	70
general subject matter of discussions in executive sessions	71
authorized under division (G) or (J) of this section.	72

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

73

(1) A grand jury;

74

(2) An audit conference conducted by the auditor of state or	75
independent certified public accountants with officials of the	76
public office that is the subject of the audit;	77

(3) The adult parole authority when its hearings are	78
conducted at a correctional institution for the sole purpose of	79
interviewing inmates to determine parole or pardon;	80

(4) The organized crime investigations commission	81
established under section 177.01 of the Revised Code;	82

(5) Meetings of a child fatality review board established	83
under section 307.621 of the Revised Code and meetings conducted	84
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	85

(6) The state medical board when determining whether to	86
suspend a certificate without a prior hearing pursuant to division	87
(G) of either section 4730.25 or 4731.22 of the Revised Code;	88

(7) The board of nursing when determining whether to suspend	89
a license or certificate without a prior hearing pursuant to	90
division (B) of section 4723.281 of the Revised Code;	91

(8) The state board of pharmacy when determining whether to	92
suspend a license without a prior hearing pursuant to division (D)	93
of section 4729.16 of the Revised Code;	94

(9) The state chiropractic board when determining whether to	95
suspend a license without a hearing pursuant to section 4734.37 of	96
the Revised Code.	97

(10) The executive committee of the emergency response	98
commission when determining whether to issue an enforcement order	99
or request that a civil action, civil penalty action, or criminal	100
action be brought to enforce Chapter 3750. of the Revised Code.	101

(E) The controlling board, the development financing	102
advisory council, the industrial technology and enterprise	103
advisory council, the tax credit authority, or the minority	104
development financing advisory board, when meeting to consider	105
granting assistance pursuant to Chapter 122. or 166. of the	106
Revised Code, in order to protect the interest of the applicant or	107
the possible investment of public funds, by unanimous vote of all	108
board, council, or authority members present, may close the	109
meeting during consideration of the following information	110
confidentially received by the authority, council, or board from	111
the applicant:	112

(1) Marketing plans;

113

(2) Specific business strategy;

114

(3) Production techniques and trade secrets;

115

(4) Financial projections;

116

(5) Personal financial statements of the applicant or	117
members of the applicant's immediate family, including, but not	118
limited to, tax records or other similar information not open to	119
public inspection.	120

The vote by the authority, council, or board to accept or	121
reject the application, as well as all proceedings of the	122
authority, council, or board not subject to this division, shall	123
be open to the public and governed by this section.	124

(F) Every public body, by rule, shall establish a reasonable	125
method whereby any person may determine the time and place of all	126
regularly scheduled meetings and the time, place, and purpose of	127
all special meetings. A public body shall not hold a special	128
meeting unless it gives at least twenty-four hours' advance notice	129
to the news media that have requested notification, except in the	130
event of an emergency requiring immediate official action. In the	131
event of an emergency, the member or members calling the meeting	132
shall notify the news media that have requested notification	133
immediately of the time, place, and purpose of the meeting.	134

The rule shall provide that any person, upon request and	135
payment of a reasonable fee, may obtain reasonable advance	136
notification of all meetings at which any specific type of public	137
business is to be discussed. Provisions for advance notification	138
may include, but are not limited to, mailing the agenda of	139
meetings to all subscribers on a mailing list or mailing notices	140
in self-addressed, stamped envelopes provided by the person.	141

(G) Except as provided in division (J) of this section, the	142
members of a public body may hold an executive session only after	143
a majority of a quorum of the public body determines, by a roll	144
call vote, to hold an executive session and only at a regular or	145
special meeting for the sole purpose of the consideration of any	146
of the following matters:	147

(1) To consider the appointment, employment, dismissal,	148
discipline, promotion, demotion, or compensation of a public	149
employee or official, or the investigation of charges or	150
complaints against a public employee, official, licensee, or	151
regulated individual, unless the public employee, official,	152
licensee, or regulated individual requests a public hearing.	153
Except as otherwise provided by law, no public body shall hold an	154
executive session for the discipline of an elected official for	155
conduct related to the performance of the elected official's	156
official duties or for the elected official's removal from office.	157
If a public body holds an executive session pursuant to division	158
(G)(1) of this section, the motion and vote to hold that executive	159
session shall state which one or more of the approved purposes	160
listed in division (G)(1) of this section are the purposes for	161
which the executive session is to be held, but need not include	162
the name of any person to be considered at the meeting.	163

(2) To consider the purchase of property for public	164
purposes, or for the sale of property at competitive bidding, if	165
premature disclosure of information would give an unfair	166
competitive or bargaining advantage to a person whose personal,	167
private interest is adverse to the general public interest. No	168
member of a public body shall use division (G)(2) of this section	169
as a subterfuge for providing covert information to prospective	170
buyers or sellers. A purchase or sale of public property is void	171
if the seller or buyer of the public property has received covert	172
information from a member of a public body that has not been	173
disclosed to the general public in sufficient time for other	174
prospective buyers and sellers to prepare and submit offers.	175

If the minutes of the public body show that all meetings and	176
deliberations of the public body have been conducted in compliance	177
with this section, any instrument executed by the public body	178
purporting to convey, lease, or otherwise dispose of any right,	179
title, or interest in any public property shall be conclusively	180
presumed to have been executed in compliance with this section	181
insofar as title or other interest of any bona fide purchasers,	182
lessees, or transferees of the property is concerned.	183

(3) Conferences with an attorney for the public body	184
concerning disputes involving the public body that are the subject	185
of pending or imminent court action;	186

(4) Preparing for, conducting, or reviewing negotiations or	187
bargaining sessions with public employees concerning their	188
compensation or other terms and conditions of their employment;	189

(5) Matters required to be kept confidential by federal law	190
or regulations or state statutes;	191

(6) Specialized details ofDetails relative to the security	192
arrangements and emergency response protocols for a public body or	193
a public office, if disclosure of the matters discussed might	194
reveal information that could reasonably be used for the purpose	195
of committing, or avoiding prosecution for, a violation of the law	196
expected to jeopardize the security of the public body or public	197
office;	198

(7) In the case of a county hospital operated pursuant to	199
Chapter 339. of the Revised Code, to consider trade secrets, as	200
defined in section 1333.61 of the Revised Code.	201

If a public body holds an executive session to consider any	202
of the matters listed in divisions (G)(2) to (7) of this section,	203
the motion and vote to hold that executive session shall state	204
which one or more of the approved matters listed in those	205
divisions are to be considered at the executive session.	206

A public body specified in division (B)(1)(c) of this section	207
shall not hold an executive session when meeting for the purposes	208
specified in that division.	209

(H) A resolution, rule, or formal action of any kind is	210
invalid unless adopted in an open meeting of the public body. A	211
resolution, rule, or formal action adopted in an open meeting that	212
results from deliberations in a meeting not open to the public is	213
invalid unless the deliberations were for a purpose specifically	214
authorized in division (G) or (J) of this section and conducted at	215
an executive session held in compliance with this section. A	216
resolution, rule, or formal action adopted in an open meeting is	217
invalid if the public body that adopted the resolution, rule, or	218
formal action violated division (F) of this section.	219

(I)(1) Any person may bring an action to enforce this	220
section. An action under division (I)(1) of this section shall be	221
brought within two years after the date of the alleged violation	222
or threatened violation. Upon proof of a violation or threatened	223
violation of this section in an action brought by any person, the	224
court of common pleas shall issue an injunction to compel the	225
members of the public body to comply with its provisions.	226

(2)(a) If the court of common pleas issues an injunction	227
pursuant to division (I)(1) of this section, the court shall order	228
the public body that it enjoins to pay a civil forfeiture of five	229
hundred dollars to the party that sought the injunction and shall	230
award to that party all court costs and, subject to reduction as	231
described in division (I)(2) of this section, reasonable	232
attorney's fees. The court, in its discretion, may reduce an	233
award of attorney's fees to the party that sought the injunction	234
or not award attorney's fees to that party if the court determines	235
both of the following:	236

(i) That, based on the ordinary application of statutory law	237
and case law as it existed at the time of violation or threatened	238
violation that was the basis of the injunction, a well-informed	239
public body reasonably would believe that the public body was not	240
violating or threatening to violate this section;	241

(ii) That a well-informed public body reasonably would	242
believe that the conduct or threatened conduct that was the basis	243
of the injunction would serve the public policy that underlies the	244
authority that is asserted as permitting that conduct or	245
threatened conduct.	246

(b) If the court of common pleas does not issue an	247
injunction pursuant to division (I)(1) of this section and the	248
court determines at that time that the bringing of the action was	249
frivolous conduct, as defined in division (A) of section 2323.51	250
of the Revised Code, the court shall award to the public body all	251
court costs and reasonable attorney's fees, as determined by the	252
court.	253

(3) Irreparable harm and prejudice to the party that sought	254
the injunction shall be conclusively and irrebuttably presumed	255
upon proof of a violation or threatened violation of this section.	256

(4) A member of a public body who knowingly violates an	257
injunction issued pursuant to division (I)(1) of this section may	258
be removed from office by an action brought in the court of common	259
pleas for that purpose by the prosecuting attorney or the attorney	260
general.	261

(J)(1) Pursuant to division (C) of section 5901.09 of the	262
Revised Code, a veterans service commission shall hold an	263
executive session for one or more of the following purposes unless	264
an applicant requests a public hearing:	265

(a) Interviewing an applicant for financial assistance under	266
sections 5901.01 to 5901.15 of the Revised Code;	267

(b) Discussing applications, statements, and other documents	268
described in division (B) of section 5901.09 of the Revised Code;	269

(c) Reviewing matters relating to an applicant's request for	270
financial assistance under sections 5901.01 to 5901.15 of the	271
Revised Code.	272

(2) A veterans service commission shall not exclude an	273
applicant for, recipient of, or former recipient of financial	274
assistance under sections 5901.01 to 5901.15 of the Revised Code,	275
and shall not exclude representatives selected by the applicant,	276
recipient, or former recipient, from a meeting that the commission	277
conducts as an executive session that pertains to the applicant's,	278
recipient's, or former recipient's application for financial	279
assistance.	280

(3) A veterans service commission shall vote on the grant or	281
denial of financial assistance under sections 5901.01 to 5901.15	282
of the Revised Code only in an open meeting of the commission. The	283
minutes of the meeting shall indicate the name, address, and	284
occupation of the applicant, whether the assistance was granted or	285
denied, the amount of the assistance if assistance is granted, and	286
the votes for and against the granting of assistance.	287

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

288

(1) "Act of terrorism" has the same meaning as in section	289
2909.21 of the Revised Code.	290

(2) "Infrastructure record" means any record that discloses	291
the configuration of a public office's critical systems including,	292
but not limited to, communication, computer, electrical,	293
mechanical, ventilation, water, and plumbing systems, security	294
codes, or the infrastructure or structural configuration of the	295
building in which a public office is located. "Infrastructure	296
record" does not mean a simple floor plan that discloses only the	297
spatial relationship of components of a public office or the	298
building in which a public office is located.	299

(3) "Security record" means either of the following:

300

(a) Any record that contains information directly used for	301
protecting or maintaining the security of a public office against	302
attack, interference, or sabotage;	303

(b) Any record assembled, prepared, or maintained by a	304
public office or public body to prevent, mitigate, or respond to	305
acts of terrorism, including any of the following:	306

(i) Those portions of records containing specific and	307
unique vulnerability assessments or specific and unique response	308
plans either of which is intended to prevent or mitigate acts of	309
terrorism, and communication codes or deployment plans of law	310
enforcement or emergency response personnel;	311

(ii) Specific intelligence information and specific	312
investigative records shared by federal and international law	313
enforcement agencies with state and local law enforcement and	314
public safety agencies;	315

(iii) National security records classified under federal	316
executive order and not subject to public disclosure under federal	317
law that are shared by federal agencies, and other records related	318
to national security briefings to assist state and local	319
government with domestic preparedness for acts of terrorism.	320

(B) A record kept by a public office that is a security	321
record or an infrastructure record is not a public record under	322
section 149.43 of the Revised Code and is not subject to mandatory	323
release or disclosure under that section.	324

(C) Notwithstanding any other section of the Revised Code, a	325
public office's or a public employee's disclosure of a security	326
record or infrastructure record that is necessary for	327
construction, renovation, or remodeling work on any public	328
building or project does not constitute public disclosure for	329
purposes of waiving division (B) of this section and does not	330
result in that record becoming a public record for purposes of	331
section 149.43 of the Revised Code.	332

Sec. 2152.201. (A) In addition to any other dispositions	333
authorized or required by this chapter, the juvenile court making	334
disposition of a child adjudicated a delinquent child for	335
committing a violation of section 2909.22, 2909.23, or 2909.24 of	336
the Revised Code or a violation of section 2921.32 of the Revised	337
Code when the offense or act committed by the person aided or to	338
be aided as described in that section is an act of terrorism may	339
order the child to pay to the state, municipal, or county law	340
enforcement agencies that handled the investigation and	341
prosecution all of the costs that the state, municipal	342
corporation, or county reasonably incurred in the investigation	343
and prosecution of the violation. The court shall hold a hearing	344
to determine the amount of costs to be imposed under this section.	345
The court may hold the hearing as part of the dispositional	346
hearing for the child.	347

(B) If a child is adjudicated a delinquent child for	348
committing a violation of section 2909.23 or 2909.24 of the	349
Revised Code and if any political subdivision incurred any	350
response costs as a result of, or in making any response to, the	351
threat of the specified offense involved in the violation of	352
section 2909.23 of the Revised Code or the actual specified	353
offense involved in the violation of section 2909.24 of the	354
Revised Code, in addition to any other dispositions authorized or	355
required by this chapter, the juvenile court making disposition of	356
the child for the violation may order the child to reimburse the	357
involved political subdivision for the response costs it so	358
incurred.	359

(C) As used in this section, "response costs" and "act of	360
terrorism" have the same meanings as in section 2909.21 of the	361
Revised Code.	362

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

363

(1) "Force" means any violence, compulsion, or constraint	364
physically exerted by any means upon or against a person or thing.	365

(2) "Deadly force" means any force that carries a	366
substantial risk that it will proximately result in the death of	367
any person.	368

(3) "Physical harm to persons" means any injury, illness, or	369
other physiological impairment, regardless of its gravity or	370
duration.	371

(4) "Physical harm to property" means any tangible or	372
intangible damage to property that, in any degree, results in loss	373
to its value or interferes with its use or enjoyment. "Physical	374
harm to property" does not include wear and tear occasioned by	375
normal use.	376

(5) "Serious physical harm to persons" means any of the	377
following:	378

(a) Any mental illness or condition of such gravity as would	379
normally require hospitalization or prolonged psychiatric	380
treatment;	381

(b) Any physical harm that carries a substantial risk of	382
death;	383

(c) Any physical harm that involves some permanent	384
incapacity, whether partial or total, or that involves some	385
temporary, substantial incapacity;	386

(d) Any physical harm that involves some permanent	387
disfigurement or that involves some temporary, serious	388
disfigurement;	389

(e) Any physical harm that involves acute pain of such	390
duration as to result in substantial suffering or that involves	391
any degree of prolonged or intractable pain.	392

(6) "Serious physical harm to property" means any physical	393
harm to property that does either of the following:	394

(a) Results in substantial loss to the value of the property	395
or requires a substantial amount of time, effort, or money to	396
repair or replace;	397

(b) Temporarily prevents the use or enjoyment of the	398
property or substantially interferes with its use or enjoyment for	399
an extended period of time.	400

(7) "Risk" means a significant possibility, as contrasted	401
with a remote possibility, that a certain result may occur or that	402
certain circumstances may exist.	403

(8) "Substantial risk" means a strong possibility, as	404
contrasted with a remote or significant possibility, that a	405
certain result may occur or that certain circumstances may exist.	406

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

407

(a) A violation of section 2903.01, 2903.02, 2903.03,	408
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	409
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	410
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	411
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	412
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	413
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	414
Revised Code or felonious sexual penetration in violation of	415
former section 2907.12 of the Revised Code;	416

(b) A violation of an existing or former municipal ordinance	417
or law of this or any other state or the United States,	418
substantially equivalent to any section, division, or offense	419
listed in division (A)(9)(a) of this section;	420

(c) An offense, other than a traffic offense, under an	421
existing or former municipal ordinance or law of this or any other	422
state or the United States, committed purposely or knowingly, and	423
involving physical harm to persons or a risk of serious physical	424
harm to persons;	425

(d) A conspiracy or attempt to commit, or complicity in	426
committing, any offense under division (A)(9)(a), (b), or (c) of	427
this section.	428

(10)(a) "Property" means any property, real or personal,	429
tangible or intangible, and any interest or license in that	430
property. "Property" includes, but is not limited to, cable	431
television service, other telecommunications service,	432
telecommunications devices, information service, computers, data,	433
computer software, financial instruments associated with	434
computers, other documents associated with computers, or copies of	435
the documents, whether in machine or human readable form, trade	436
secrets, trademarks, copyrights, patents, and property protected	437
by a trademark, copyright, or patent. "Financial instruments	438
associated with computers" include, but are not limited to,	439
checks, drafts, warrants, money orders, notes of indebtedness,	440
certificates of deposit, letters of credit, bills of credit or	441
debit cards, financial transaction authorization mechanisms,	442
marketable securities, or any computer system representations of	443
any of them.	444

(b) As used in division (A)(10) of this section, "trade	445
secret" has the same meaning as in section 1333.61 of the Revised	446
Code, and "telecommunications service" and "information service"	447
have the same meanings as in section 2913.01 of the Revised Code.	448

(c) As used in divisions (A)(10) and (13) of this section,	449
"cable television service," "computer," "computer software,"	450
"computer system," "computer network," "data," and	451
"telecommunications device" have the same meanings as in section	452
2913.01 of the Revised Code.	453

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

454

(a) A sheriff, deputy sheriff, constable, police officer of	455
a township or joint township police district, marshal, deputy	456
marshal, municipal police officer, member of a police force	457
employed by a metropolitan housing authority under division (D) of	458
section 3735.31 of the Revised Code, or state highway patrol	459
trooper;	460

(b) An officer, agent, or employee of the state or any of	461
its agencies, instrumentalities, or political subdivisions, upon	462
whom, by statute, a duty to conserve the peace or to enforce all	463
or certain laws is imposed and the authority to arrest violators	464
is conferred, within the limits of that statutory duty and	465
authority;	466

(c) A mayor, in the mayor's capacity as chief conservator of	467
the peace within the mayor's municipal corporation;	468

(d) A member of an auxiliary police force organized by	469
county, township, or municipal law enforcement authorities, within	470
the scope of the member's appointment or commission;	471

(e) A person lawfully called pursuant to section 311.07 of	472
the Revised Code to aid a sheriff in keeping the peace, for the	473
purposes and during the time when the person is called;	474

(f) A person appointed by a mayor pursuant to section 737.01	475
of the Revised Code as a special patrolling officer during riot or	476
emergency, for the purposes and during the time when the person is	477
appointed;	478

(g) A member of the organized militia of this state or the	479
armed forces of the United States, lawfully called to duty to aid	480
civil authorities in keeping the peace or protect against domestic	481
violence;	482

(h) A prosecuting attorney, assistant prosecuting attorney,	483
secret service officer, or municipal prosecutor;	484

(i) An Ohio veterans' home police officer appointed under	485
section 5907.02 of the Revised Code;	486

(j) A member of a police force employed by a regional	487
transit authority under division (Y) of section 306.35 of the	488
Revised Code;	489

(k) A special police officer employed by a port authority	490
under section 4582.04 or 4582.28 of the Revised Code;	491

(l) The house sergeant at arms if the house sergeant at arms	492
has arrest authority pursuant to division (E)(1) of section	493
101.311 of the Revised Code and an assistant house sergeant at	494
arms.	495

(12) "Privilege" means an immunity, license, or right	496
conferred by law, bestowed by express or implied grant, arising	497
out of status, position, office, or relationship, or growing out	498
of necessity.	499

(13) "Contraband" means any property described in the	500
following categories:	501

(a) Property that in and of itself is unlawful for a person	502
to acquire or possess;	503

(b) Property that is not in and of itself unlawful for a	504
person to acquire or possess, but that has been determined by a	505
court of this state, in accordance with law, to be contraband	506
because of its use in an unlawful activity or manner, of its	507
nature, or of the circumstances of the person who acquires or	508
possesses it, including, but not limited to, goods and personal	509
property described in division (D) of section 2913.34 of the	510
Revised Code;	511

(c) Property that is specifically stated to be contraband by	512
a section of the Revised Code or by an ordinance, regulation, or	513
resolution;	514

(d) Property that is forfeitable pursuant to a section of	515
the Revised Code, or an ordinance, regulation, or resolution,	516
including, but not limited to, forfeitable firearms, dangerous	517
ordnance, obscene materials, and goods and personal property	518
described in division (D) of section 2913.34 of the Revised Code;	519

(e) Any controlled substance, as defined in section 3719.01	520
of the Revised Code, or any device, paraphernalia, money as	521
defined in section 1301.01 of the Revised Code, or other means of	522
exchange that has been, is being, or is intended to be used in an	523
attempt or conspiracy to violate, or in a violation of, Chapter	524
2925. or 3719. of the Revised Code;	525

(f) Any gambling device, paraphernalia, money as defined in	526
section 1301.01 of the Revised Code, or other means of exchange	527
that has been, is being, or is intended to be used in an attempt	528
or conspiracy to violate, or in the violation of, Chapter 2915. of	529
the Revised Code;	530

(g) Any equipment, machine, device, apparatus, vehicle,	531
vessel, container, liquid, or substance that has been, is being,	532
or is intended to be used in an attempt or conspiracy to violate,	533
or in the violation of, any law of this state relating to alcohol	534
or tobacco;	535

(h) Any personal property that has been, is being, or is	536
intended to be used in an attempt or conspiracy to commit, or in	537
the commission of, any offense or in the transportation of the	538
fruits of any offense;	539

(i) Any property that is acquired through the sale or other	540
transfer of contraband or through the proceeds of contraband,	541
other than by a court or a law enforcement agency acting within	542
the scope of its duties;	543

(j) Any computer, computer system, computer network,	544
computer software, or other telecommunications device that is used	545
in a conspiracy to commit, an attempt to commit, or the commission	546
of any offense, if the owner of the computer, computer system,	547
computer network, computer software, or other telecommunications	548
device is convicted of or pleads guilty to the offense in which it	549
is used;	550

(k) Any property that is material support or resources and	551
that has been, is being, or is intended to be used in an attempt	552
or conspiracy to violate, or in the violation of, section 2909.22,	553
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of	554
the Revised Code when the offense or act committed by the person	555
aided or to be aided as described in that section is an act of	556
terrorism. As used in division (A)(13)(k) of this section,	557
"material support or resources" and "act of terrorism" have the	558
same meanings as in section 2909.21 of the Revised Code.	559

(14) A person is "not guilty by reason of insanity" relative	560
to a charge of an offense only if the person proves, in the manner	561
specified in section 2901.05 of the Revised Code, that at the time	562
of the commission of the offense, the person did not know, as a	563
result of a severe mental disease or defect, the wrongfulness of	564
the person's acts.	565

(B)(1)(a) Subject to division (B)(2) of this section, as	566
used in any section contained in Title XXIX of the Revised Code	567
that sets forth a criminal offense, "person" includes all of the	568
following:	569

(i) An individual, corporation, business trust, estate,	570
trust, partnership, and association;	571

(ii) An unborn human who is viable.

572

(b) As used in any section contained in Title XXIX of the	573
Revised Code that does not set forth a criminal offense, "person"	574
includes an individual, corporation, business trust, estate,	575
trust, partnership, and association.	576

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

577

(i) "Unborn human" means an individual organism of the	578
species Homo sapiens from fertilization until live birth.	579

(ii) "Viable" means the stage of development of a human	580
fetus at which there is a realistic possibility of maintaining and	581
nourishing of a life outside the womb with or without temporary	582
artificial life-sustaining support.	583

(2) Notwithstanding division (B)(1)(a) of this section, in	584
no case shall the portion of the definition of the term "person"	585
that is set forth in division (B)(1)(a)(ii) of this section be	586
applied or construed in any section contained in Title XXIX of the	587
Revised Code that sets forth a criminal offense in any of the	588
following manners:	589

(a) Except as otherwise provided in division (B)(2)(a) of	590
this section, in a manner so that the offense prohibits or is	591
construed as prohibiting any pregnant woman or her physician from	592
performing an abortion with the consent of the pregnant woman,	593
with the consent of the pregnant woman implied by law in a medical	594
emergency, or with the approval of one otherwise authorized by law	595
to consent to medical treatment on behalf of the pregnant woman.	596
An abortion that violates the conditions described in the	597
immediately preceding sentence may be punished as a violation of	598
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	599
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	600
of the Revised Code, as applicable. An abortion that does not	601
violate the conditions described in the second immediately	602
preceding sentence, but that does violate section 2919.12,	603
division (B) of section 2919.13, or section 2919.151, 2919.17, or	604
2919.18 of the Revised Code, may be punished as a violation of	605
section 2919.12, division (B) of section 2919.13, or section	606
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	607
Consent is sufficient under this division if it is of the type	608
otherwise adequate to permit medical treatment to the pregnant	609
woman, even if it does not comply with section 2919.12 of the	610
Revised Code.	611

(b) In a manner so that the offense is applied or is	612
construed as applying to a woman based on an act or omission of	613
the woman that occurs while she is or was pregnant and that	614
results in any of the following:	615

(i) Her delivery of a stillborn baby;

616

(ii) Her causing, in any other manner, the death in utero of	617
a viable, unborn human that she is carrying;	618

(iii) Her causing the death of her child who is born alive	619
but who dies from one or more injuries that are sustained while	620
the child is a viable, unborn human;	621

(iv) Her causing her child who is born alive to sustain one	622
or more injuries while the child is a viable, unborn human;	623

(v) Her causing, threatening to cause, or attempting to	624
cause, in any other manner, an injury, illness, or other	625
physiological impairment, regardless of its duration or gravity,	626
or a mental illness or condition, regardless of its duration or	627
gravity, to a viable, unborn human that she is carrying.	628

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

629

(1) "School safety zone" consists of a school, school	630
building, school premises, school activity, and school bus.	631

(2) "School," "school building," and "school premises" have	632
the same meanings as in section 2925.01 of the Revised Code.	633

(3) "School activity" means any activity held under the	634
auspices of a board of education of a city, local, exempted	635
village, joint vocational, or cooperative education school	636
district, a governing board of an educational service center, or	637
the governing body of a school for which the state board of	638
education prescribes minimum standards under section 3301.07 of	639
the Revised Code.	640

(4) "School bus" has the same meaning as in section 4511.01	641
of the Revised Code.	642

Sec. 2903.01.  (A) No person shall purposely, and with prior	643
calculation and design, cause the death of another or the unlawful	644
termination of another's pregnancy.	645

(B) No person shall purposely cause the death of another or	646
the unlawful termination of another's pregnancy while committing	647
or attempting to commit, or while fleeing immediately after	648
committing or attempting to commit, kidnapping, rape, aggravated	649
arson or, arson, aggravated robbery or, robbery, aggravated	650
burglary or, burglary, terrorism, or escape.	651

(C) No person shall purposely cause the death of another who	652
is under thirteen years of age at the time of the commission of	653
the offense.	654

(D) No person who is under detention as a result of having	655
been found guilty of or having pleaded guilty to a felony or who	656
breaks that detention shall purposely cause the death of another.	657

(E) No person shall purposely cause the death of a law	658
enforcement officer whom the offender knows or has reasonable	659
cause to know is a law enforcement officer when either of the	660
following applies:	661

(1) The victim, at the time of the commission of the	662
offense, is engaged in the victim's duties.	663

(2) It is the offender's specific purpose to kill a law	664
enforcement officer.	665

(F) Whoever violates this section is guilty of aggravated	666
murder, and shall be punished as provided in section 2929.02 of	667
the Revised Code.	668

(G) As used in this section:

669

(1) "Detention" has the same meaning as in section 2921.01	670
of the Revised Code.	671

(2) "Law enforcement officer" has the same meaning as in	672
section 2911.01 of the Revised Code.	673

Sec. 2909.21. As used in sections 2909.21 to 2909.25 of the	674
Revised Code:	675

(A) "Act of terrorism" means an act that is committed	676
within or outside the territorial jurisdiction of this state or	677
the United States, that constitutes a specified offense if	678
committed in this state or constitutes an offense in any	679
jurisdiction within or outside the territorial jurisdiction of the	680
United States containing all of the essential elements of a	681
specified offense, and that is intended to do one or more of the	682
following:	683

(1) Intimidate or coerce a civilian population;

684

(2) Influence the policy of any government by intimidation	685
or coercion;	686

(3) Affect the conduct of any government by the act that	687
constitutes the offense.	688

(B) "Material support or resources" means currency, payment	689
instruments, other financial securities, financial services,	690
lodging, training, safehouses, false documentation or	691
identification, communications equipment, facilities, weapons,	692
lethal substances, explosives, personnel, transportation, and	693
other physical assets, except medicine or religious materials.	694

(C) "Payment instrument" means a check, draft, money order,	695
traveler's check, cashier's check, teller's check, or other	696
instrument or order for the transmission or payment of money,	697
regardless of whether the item in question is negotiable.	698

(D) "Response costs" means all costs a political subdivision	699
incurs as a result of, or in making any response to, a threat of a	700
specified offense made as described in section 2909.23 of the	701
Revised Code or a specified offense committed as described in	702
section 2909.24 of the Revised Code, including, but not limited	703
to, all costs so incurred by any law enforcement officers,	704
firefighters, rescue personnel, or emergency medical services	705
personnel of the political subdivision and all costs so incurred	706
by the political subdivision that relate to laboratory testing or	707
hazardous material cleanup.	708

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

709

(1) A felony offense of violence, a violation of section	710
2909.04 or 2927.24 of the Revised Code, or a felony of the first	711
degree that is not a violation of any provision in Chapter 2925.	712
or 3719. of the Revised Code;	713

(2) An attempt to commit, complicity in committing, or a	714
conspiracy to commit an offense listed in division (E)(1) of this	715
section.	716

Sec. 2909.22. (A) No person shall raise, solicit, collect,	717
donate, or provide any material support or resources, with purpose	718
that the material support or resources will be used in whole or in	719
part to plan, prepare, carry out, or aid in either an act of	720
terrorism or the concealment of, or an escape from, an act of	721
terrorism.	722

(B) Whoever violates this section is guilty of soliciting	723
or providing support for an act of terrorism, a felony of the	724
third degree. Section 2909.25 of the Revised Code applies	725
regarding an offender who is convicted of or pleads guilty to a	726
violation of this section.	727

(C) A prosecution for a violation of this section does not	728
preclude a prosecution for a violation of any other section of the	729
Revised Code. One or more acts, a series of acts, or a course of	730
behavior that can be prosecuted under this section or any other	731
section of the Revised Code may be prosecuted under this section,	732
the other section, or both sections.	733

Sec. 2909.23. (A) No person shall threaten to commit or	734
threaten to cause to be committed a specified offense when both of	735
the following apply:	736

(1) The person makes the threat with purpose to do any of	737
the following:	738

(a) Intimidate or coerce a civilian population;

739

(b) Influence the policy of any government by intimidation or	740
coercion;	741

(c) Affect the conduct of any government by the threat or by	742
the specified offense.	743

(2) As a result of the threat, the person causes a	744
reasonable expectation or fear of the imminent commission of the	745
specified offense.	746

(B) It is not a defense to a charge of a violation of this	747
section that the defendant did not have the intent or capability	748
to commit the threatened specified offense or that the threat was	749
not made to a person who was a subject of the threatened specified	750
offense.	751

(C) Whoever violates this section is guilty of making a	752
terroristic threat, a felony of the third degree. Section 2909.25	753
of the Revised Code applies regarding an offender who is convicted	754
of or pleads guilty to a violation of this section.	755

Sec. 2909.24. (A) No person shall commit a specified offense	756
with purpose to do any of the following:	757

(1) Intimidate or coerce a civilian population;

758

(2) Influence the policy of any government by intimidation	759
or coercion;	760

(3) Affect the conduct of any government by the specified	761
offense.	762

(B)(1) Whoever violates this section is guilty of	763
terrorism.	764

(2) Except as otherwise provided in divisions (B)(3) and	765
(4) of this section, terrorism is an offense one degree higher	766
than the most serious underlying specified offense the defendant	767
committed.	768

(3) If the most serious underlying specified offense the	769
defendant committed is a felony of the first degree or murder, the	770
person shall be sentenced to life imprisonment without parole.	771

(4) If the most serious underlying specified offense the	772
defendant committed is aggravated murder, the offender shall be	773
sentenced to life imprisonment without parole or death pursuant to	774
sections 2929.02 to 2929.06 of the Revised Code.	775

(5) Section 2909.25 of the Revised Code applies regarding an	776
offender who is convicted of or pleads guilty to a violation of	777
this section.	778

Sec. 2909.25. (A) In addition to the financial sanctions	779
authorized under section 2929.18 of the Revised Code, the court	780
imposing sentence upon an offender who is convicted of or pleads	781
guilty to a violation of section 2909.22, 2909.23, or 2909.24 of	782
the Revised Code or to a violation of section 2921.32 of the	783
Revised Code when the offense or act committed by the person aided	784
or to be aided as described in that section is an act of terrorism	785
may order the offender to pay to the state, municipal, or county	786
law enforcement agencies that handled the investigation and	787
prosecution all of the costs that the state, municipal	788
corporation, or county reasonably incurred in the investigation	789
and prosecution of the violation. The court shall hold a hearing	790
to determine the amount of costs to be imposed under this section.	791
The court may hold the hearing as part of the sentencing hearing	792
for the offender.	793

(B) If a person is convicted of or pleads guilty to a	794
violation of section 2909.23 or 2909.24 of the Revised Code and if	795
any political subdivision incurred any response costs as a result	796
of, or in making any response to, the threat of the specified	797
offense involved in the violation of section 2909.23 of the	798
Revised Code or the actual specified offense involved in the	799
violation of section 2909.24 of the Revised Code, in addition to	800
the financial sanctions authorized under section 2929.18 of the	801
Revised Code, the court imposing sentence upon the offender for	802
the violation may order the offender to reimburse the involved	803
political subdivision for the response costs it so incurred.	804

Sec. 2921.32.  (A) No person, with purpose to hinder the	805
discovery, apprehension, prosecution, conviction, or punishment of	806
another for crime or to assist another to benefit from the	807
commission of a crime, and no person, with purpose to hinder the	808
discovery, apprehension, prosecution, adjudication as a delinquent	809
child, or disposition of a child for an act that if committed by	810
an adult would be a crime or to assist a child to benefit from the	811
commission of an act that if committed by an adult would be a	812
crime, shall do any of the following:	813

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

814

(2) Provide the other person or child with money,	815
transportation, a weapon, a disguise, or other means of avoiding	816
discovery or apprehension;	817

(3) Warn the other person or child of impending discovery or	818
apprehension;	819

(4) Destroy or conceal physical evidence of the crime or	820
act, or induce any person to withhold testimony or information or	821
to elude legal process summoning the person to testify or supply	822
evidence;	823

(5) Communicate false information to any person;

824

(6) Prevent or obstruct any person, by means of force,	825
intimidation, or deception, from performing any act to aid in the	826
discovery, apprehension, or prosecution of the other person or	827
child.	828

(B) A person may be prosecuted for, and may be convicted of	829
or adjudicated a delinquent child for committing, a violation of	830
division (A) of this section regardless of whether the person or	831
child aided ultimately is apprehended for, is charged with, is	832
convicted of, pleads guilty to, or is adjudicated a delinquent	833
child for committing the crime or act the person or child aided	834
committed. The crime or act the person or child aided committed	835
shall be used under division (C) of this section in determining	836
the penalty for the violation of division (A) of this section,	837
regardless of whether the person or child aided ultimately is	838
apprehended for, is charged with, is convicted of, pleads guilty	839
to, or is adjudicated a delinquent child for committing the crime	840
or act the person or child aided committed.	841

(C)(1) Whoever violates this section is guilty of	842
obstructing justice.	843

(2) If the crime committed by the person aided is a	844
misdemeanor or if the act committed by the child aided would be a	845
misdemeanor if committed by an adult, obstructing justice is a	846
misdemeanor of the same degree as the crime committed by the	847
person aided or a misdemeanor of the same degree that the act	848
committed by the child aided would be if committed by an adult.	849

(3) Except as otherwise provided in division (B)divisions	850
(C)(4) and (5) of this section, if the crime committed by the	851
person aided is a felony or if the act committed by the child	852
aided would be a felony if committed by an adult, obstructing	853
justice is a felony of the fifth degree.	854

(4) If the crime committed by the person aided is aggravated	855
murder, murder, or a felony of the first or second degree or if	856
the act committed by the child aided would be one of those	857
offenses if committed by an adult and if the offender knows or has	858
reason to believe that the crime committed by the person aided is	859
one of those offenses or that the act committed by the child aided	860
would be one of those offenses if committed by an adult,	861
obstructing justice is a felony of the third degree.	862

(C)(5) If the crime or act committed by the person or child	863
aided is an act of terrorism, obstructing justice is one of the	864
following:	865

(a) Except as provided in division (C)(5)(b) of this section,	866
a felony of the second degree;	867

(b) If the act of terrorism resulted in the death of a person	868
who was not a participant in the act of terrorism, a felony of the	869
first degree.	870

(D) As used in this section:

871

(1) "Adult" and "child" have the same meanings as in section	872
2151.011 of the Revised Code.	873

(2) "Delinquent child" has the same meaning as in section	874
2152.02 of the Revised Code.	875

(3) "Act of terrorism" has the same meaning as in section	876
2909.21 of the Revised Code.	877

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	878
Revised Code:	879

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

880

(1) The interest of a person as a beneficiary under a trust	881
in which the trustee holds title to personal or real property;	882

(2) The interest of a person as a beneficiary under any	883
other trust arrangement under which any other person holds title	884
to personal or real property for the benefit of such person;	885

(3) The interest of a person under any other form of express	886
fiduciary arrangement under which any other person holds title to	887
personal or real property for the benefit of such person.	888

"Beneficial interest" does not include the interest of a	889
stockholder in a corporation or the interest of a partner in	890
either a general or limited partnership.	891

(B) "Costs of investigation and prosecution" and "costs of	892
investigation and litigation" mean all of the costs incurred by	893
the state or a county or municipal corporation under sections	894
2923.31 to 2923.36 of the Revised Code in the prosecution and	895
investigation of any criminal action or in the litigation and	896
investigation of any civil action, and includes, but is not	897
limited to, the costs of resources and personnel.	898

(C) "Enterprise" includes any individual, sole	899
proprietorship, partnership, limited partnership, corporation,	900
trust, union, government agency, or other legal entity, or any	901
organization, association, or group of persons associated in fact	902
although not a legal entity. "Enterprise" includes illicit as	903
well as licit enterprises.	904

(D) "Innocent person" includes any bona fide purchaser of	905
property that is allegedly involved in a violation of section	906
2923.32 of the Revised Code, including any person who establishes	907
a valid claim to or interest in the property in accordance with	908
division (E) of section 2923.32 of the Revised Code, and any	909
victim of an alleged violation of that section or of any	910
underlying offense involved in an alleged violation of that	911
section.	912

(E) "Pattern of corrupt activity" means two or more	913
incidents of corrupt activity, whether or not there has been a	914
prior conviction, that are related to the affairs of the same	915
enterprise, are not isolated, and are not so closely related to	916
each other and connected in time and place that they constitute a	917
single event.	918

At least one of the incidents forming the pattern shall occur	919
on or after January 1, 1986. Unless any incident was an	920
aggravated murder or murder, the last of the incidents forming the	921
pattern shall occur within six years after the commission of any	922
prior incident forming the pattern, excluding any period of	923
imprisonment served by any person engaging in the corrupt	924
activity.	925

For the purposes of the criminal penalties that may be	926
imposed pursuant to section 2923.32 of the Revised Code, at least	927
one of the incidents forming the pattern shall constitute a felony	928
under the laws of this state in existence at the time it was	929
committed or, if committed in violation of the laws of the United	930
States or of any other state, shall constitute a felony under the	931
law of the United States or the other state and would be a	932
criminal offense under the law of this state if committed in this	933
state.	934

(F) "Pecuniary value" means money, a negotiable instrument,	935
a commercial interest, or anything of value, as defined in section	936
1.03 of the Revised Code, or any other property or service that	937
has a value in excess of one hundred dollars.	938

(G) "Person" means any person, as defined in section 1.59 of	939
the Revised Code, and any governmental officer, employee, or	940
entity.	941

(H) "Personal property" means any personal property, any	942
interest in personal property, or any right, including, but not	943
limited to, bank accounts, debts, corporate stocks, patents, or	944
copyrights. Personal property and any beneficial interest in	945
personal property are deemed to be located where the trustee of	946
the property, the personal property, or the instrument evidencing	947
the right is located.	948

(I) "Corrupt activity" means engaging in, attempting to	949
engage in, conspiring to engage in, or soliciting, coercing, or	950
intimidating another person to engage in any of the following:	951

(1) Conduct defined as "racketeering activity" under the	952
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	953
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	954

(2) Conduct constituting any of the following:

955

(a) A violation of section 1315.55, 1322.02, 2903.01,	956
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	957
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	958
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	959
2911.13, 2911.31, 2913.05, 2913.06, 2921.02, 2921.03, 2921.04,	960
2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or	961
2923.17; division (F)(1)(a), (b), or (c) of section 1315.53;	962
division (A)(1) or (2) of section 1707.042; division (B), (C)(4),	963
(D), (E), or (F) of section 1707.44; division (A)(1) or (2) of	964
section 2923.20; division (J)(1) of section 4712.02; section	965
4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section	966
4719.07; section 4719.08; or division (A) of section 4719.09 of	967
the Revised Code.	968

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	969
3769.19 of the Revised Code as it existed prior to July 1, 1996,	970
any violation of section 2915.02 of the Revised Code that occurs	971
on or after July 1, 1996, and that, had it occurred prior to that	972
date, would have been a violation of section 3769.11 of the	973
Revised Code as it existed prior to that date, or any violation of	974
section 2915.05 of the Revised Code that occurs on or after July	975
1, 1996, and that, had it occurred prior to that date, would have	976
been a violation of section 3769.15, 3769.16, or 3769.19 of the	977
Revised Code as it existed prior to that date.	978

(c) Any violation of section 2907.21, 2907.22, 2907.31,	979
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	980
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	981
of the Revised Code, any violation of section 2925.11 of the	982
Revised Code that is a felony of the first, second, third, or	983
fourth degree and that occurs on or after July 1, 1996, any	984
violation of section 2915.02 of the Revised Code that occurred	985
prior to July 1, 1996, any violation of section 2915.02 of the	986
Revised Code that occurs on or after July 1, 1996, and that, had	987
it occurred prior to that date, would not have been a violation of	988
section 3769.11 of the Revised Code as it existed prior to that	989
date, any violation of section 2915.06 of the Revised Code as it	990
existed prior to July 1, 1996, or any violation of division (B) of	991
section 2915.05 of the Revised Code as it exists on and after July	992
1, 1996, when the proceeds of the violation, the payments made in	993
the violation, the amount of a claim for payment or for any other	994
benefit that is false or deceptive and that is involved in the	995
violation, or the value of the contraband or other property	996
illegally possessed, sold, or purchased in the violation exceeds	997
five hundred dollars, or any combination of violations described	998
in division (I)(2)(c) of this section when the total proceeds of	999
the combination of violations, payments made in the combination of	1000
violations, amount of the claims for payment or for other benefits	1001
that is false or deceptive and that is involved in the combination	1002
of violations, or value of the contraband or other property	1003
illegally possessed, sold, or purchased in the combination of	1004
violations exceeds five hundred dollars;	1005

(d) Any violation of section 5743.112 of the Revised Code	1006
when the amount of unpaid tax exceeds one hundred dollars;	1007

(e) Any violation or combination of violations of section	1008
2907.32 of the Revised Code involving any material or performance	1009
containing a display of bestiality or of sexual conduct, as	1010
defined in section 2907.01 of the Revised Code, that is explicit	1011
and depicted with clearly visible penetration of the genitals or	1012
clearly visible penetration by the penis of any orifice when the	1013
total proceeds of the violation or combination of violations, the	1014
payments made in the violation or combination of violations, or	1015
the value of the contraband or other property illegally possessed,	1016
sold, or purchased in the violation or combination of violations	1017
exceeds five hundred dollars;	1018

(f) Any combination of violations described in division	1019
(I)(2)(c) of this section and violations of section 2907.32 of the	1020
Revised Code involving any material or performance containing a	1021
display of bestiality or of sexual conduct, as defined in section	1022
2907.01 of the Revised Code, that is explicit and depicted with	1023
clearly visible penetration of the genitals or clearly visible	1024
penetration by the penis of any orifice when the total proceeds of	1025
the combination of violations, payments made in the combination of	1026
violations, amount of the claims for payment or for other benefits	1027
that is false or deceptive and that is involved in the combination	1028
of violations, or value of the contraband or other property	1029
illegally possessed, sold, or purchased in the combination of	1030
violations exceeds five hundred dollars.	1031

(3) Conduct constituting a violation of any law of any state	1032
other than this state that is substantially similar to the conduct	1033
described in division (I)(2) of this section, provided the	1034
defendant was convicted of the conduct in a criminal proceeding in	1035
the other state.	1036

(J) "Real property" means any real property or any interest	1037
in real property, including, but not limited to, any lease of, or	1038
mortgage upon, real property. Real property and any beneficial	1039
interest in it is deemed to be located where the real property is	1040
located.	1041

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

1042

(1) Any person acting as trustee under a trust in which the	1043
trustee holds title to personal or real property;	1044

(2) Any person who holds title to personal or real property	1045
for which any other person has a beneficial interest;	1046

(3) Any successor trustee.

1047

"Trustee" does not include an assignee or trustee for an	1048
insolvent debtor or an executor, administrator, administrator with	1049
the will annexed, testamentary trustee, guardian, or committee,	1050
appointed by, under the control of, or accountable to a court.	1051

(L) "Unlawful debt" means any money or other thing of value	1052
constituting principal or interest of a debt that is legally	1053
unenforceable in this state in whole or in part because the debt	1054
was incurred or contracted in violation of any federal or state	1055
law relating to the business of gambling activity or relating to	1056
the business of lending money at an usurious rate unless the	1057
creditor proves, by a preponderance of the evidence, that the	1058
usurious rate was not intentionally set and that it resulted from	1059
a good faith error by the creditor, notwithstanding the	1060
maintenance of procedures that were adopted by the creditor to	1061
avoid an error of that nature.	1062

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

1063

(1) "Poison" has the same meaning as in section 3719.01 of	1064
the Revised Code.	1065

(2) "Drug" has the same meaning as in section 4729.01 of the	1066
Revised Code.	1067

(3) "Hazardous chemical, biological, or radioactive	1068
substance" means any of the following:	1069

(a) Any toxic or poisonous chemical, the precursor of any	1070
toxic or poisonous chemical, or any toxin;	1071

(b) Any disease organism or biological agent;

1072

(c) Any substance or item that releases or is designed to	1073
release radiation or radioactivity at a level dangerous to human	1074
life.	1075

(4) "Biological agent" means any microorganism, virus,	1076
infectious substance, or biological product that may be engineered	1077
through biotechnology, or any naturally occurring or bioengineered	1078
component of any microorganism, virus, infectious substance, or	1079
biological product that may be engineered through biotechnology,	1080
capable of causing death, disease, or other biological malfunction	1081
in a human, an animal, a plant, or another living organism,	1082
deterioration of food, water, equipment, supplies, or material of	1083
any kind, or deleterious alteration of the environment.	1084

(5) "Toxin" means the toxic material of plants, animals,	1085
microorganisms, viruses, fungi, or infectious substances, or a	1086
recombinant molecule, whatever its origin or method of	1087
reproduction, including, but not limited to, any poisonous	1088
substance or biological product that may be engineered through	1089
biotechnology or produced by a living organism and any poisonous	1090
isomer or biological product, homolog, or derivative of any	1091
substance or product of that nature.	1092

(B) Except as provided in division (D) of this section, no	1093
person shall knowinglydo any of the following:	1094

(1) Knowingly mingle a poison, hazardous chemical,	1095
biological, or radioactive substance, or other harmful substance	1096
with a food, drink, nonprescription drug, prescription drug, or	1097
pharmaceutical product, or knowingly place a poison, hazardous	1098
chemical, biological, or radioactive substance, or other harmful	1099
substance in a spring, well, reservoir, or public water supply, if	1100
the person knows or has reason to know that the food, drink,	1101
nonprescription drug, prescription drug, pharmaceutical product,	1102
or water may be ingested or used by another person. For purposes	1103
of this division, a person does not know or have reason to know	1104
that water may be ingested or used by another person if it is	1105
disposed of as waste into a household drain including the drain of	1106
a toilet, sink, tub, or floor.	1107

(2) Knowingly release into the air, knowingly leave in any	1108
public place, or knowingly expose one or more persons to any	1109
hazardous chemical, biological, or radioactive substance with the	1110
intent to cause, or create a risk of, death or serious physical	1111
harm to any person.	1112

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

1113

(1) Inform another person that a poison, hazardous chemical,	1114
biological, or radioactive substance, or other harmful substance	1115
has been or will be placed in a food, drink, nonprescription drug,	1116
prescription drug, or other pharmaceutical product, spring, well,	1117
reservoir, or public water supply, if the placement of the poison	1118
or other harmful substance would be a violation of division (B)(1)	1119
of this section, and the person knows both that the information is	1120
false and that the information likely will be disseminated to the	1121
public.	1122

(2) Inform another person that a hazardous chemical,	1123
biological, or radioactive substance has been or will be released	1124
into the air or left in a public place, or that one or more	1125
persons has been or will be exposed to a hazardous chemical,	1126
biological, or radioactive substance, if the release, leaving, or	1127
exposure of the hazardous chemical, biological, or radioactive	1128
substance would be a violation of division (B)(2) of this section,	1129
and the person knows both that the information is false and that	1130
the information likely will be disseminated to the general public.	1131

(D)(1) A person may mingle a drug with a food or drink for	1132
the purpose of causing the drug to be ingested or used in the	1133
quantity described by its labeling or prescription.	1134

(2) A person may place a poison or other harmful substance	1135
in a spring, well, reservoir, or public water supply in such	1136
quantity as is necessary to treat the spring, well, reservoir, or	1137
water supply to make it safe for human consumption and use.	1138

(3) The provisions of division (A)(B) of this section shall	1139
not be applied in a manner that conflicts with any other state or	1140
federal law or rule relating to substances permitted to be applied	1141
to or present in any food, raw or processed, any milk or milk	1142
product, any meat or meat product, any type of crop, water, or	1143
alcoholic or nonalcoholic beverage.	1144

(E)(1) Whoever violates division (B)(1) or (2) of this	1145
section is guilty of contaminating a substance for human	1146
consumption or use or contamination with a hazardous chemical,	1147
biological, or radioactive substance. Except as otherwise	1148
provided in this division, contaminating a substance for human	1149
consumption or use or contamination with a hazardous chemical,	1150
biological, or radioactive substance is a felony of the first	1151
degree. If the offense involved an amount of poison, the	1152
hazardous chemical, biological, or radioactive substance, or the	1153
other harmful substance sufficient to cause death if ingested or	1154
used by a person regarding a violation of division (B)(1) of this	1155
section or sufficient to cause death to persons who are exposed to	1156
it regarding a violation of division (B)(2) of this section or if	1157
the offense resulted in serious physical harm to another person,	1158
whoever violates division (B)(1) or (2) of this section shall be	1159
imprisoned for life with parole eligibility after serving fifteen	1160
years of imprisonment.	1161

(2) Whoever violates division (C)(1) or (2) of this section	1162
is guilty of spreading a false report of contamination, a felony	1163
of the fourth degree.	1164

(F) Divisions (C)(1) and (2) of this section do not limit or	1165
affect the application of sections 2917.31 or 2917.32 of the	1166
Revised Code. Any act that is a violation of both division (C)(1)	1167
or (2) of this section and of section 2917.31 or 2917.32 of the	1168
Revised Code may be prosecuted under this section, section 2917.31	1169
or 2917.32 of the Revised Code, or both this section and section	1170
2917.31 or 2917.32 of the Revised Code.	1171

Sec. 2929.04.  (A) Imposition of the death penalty for	1172
aggravated murder is precluded unless one or more of the following	1173
is specified in the indictment or count in the indictment pursuant	1174
to section 2941.14 of the Revised Code and proved beyond a	1175
reasonable doubt:	1176

(1) The offense was the assassination of the president of	1177
the United States or a person in line of succession to the	1178
presidency, the governor or lieutenant governor of this state, the	1179
president-elect or vice president-elect of the United States, the	1180
governor-elect or lieutenant governor-elect of this state, or a	1181
candidate for any of the offices described in this division. For	1182
purposes of this division, a person is a candidate if the person	1183
has been nominated for election according to law, if the person	1184
has filed a petition or petitions according to law to have the	1185
person's name placed on the ballot in a primary or general	1186
election, or if the person campaigns as a write-in candidate in a	1187
primary or general election.	1188

(2) The offense was committed for hire.

1189

(3) The offense was committed for the purpose of escaping	1190
detection, apprehension, trial, or punishment for another offense	1191
committed by the offender.	1192

(4) The offense was committed while the offender was under	1193
detention or while the offender was at large after having broken	1194
detention. As used in division (A)(4) of this section,	1195
"detention" has the same meaning as in section 2921.01 of the	1196
Revised Code, except that detention does not include	1197
hospitalization, institutionalization, or confinement in a mental	1198
health facility or mental retardation and developmentally disabled	1199
facility unless at the time of the commission of the offense	1200
either of the following circumstances apply:	1201

(a) The offender was in the facility as a result of being	1202
charged with a violation of a section of the Revised Code.	1203

(b) The offender was under detention as a result of being	1204
convicted of or pleading guilty to a violation of a section of the	1205
Revised Code.	1206

(5) Prior to the offense at bar, the offender was convicted	1207
of an offense an essential element of which was the purposeful	1208
killing of or attempt to kill another, or the offense at bar was	1209
part of a course of conduct involving the purposeful killing of or	1210
attempt to kill two or more persons by the offender.	1211

(6) The victim of the offense was a law enforcement officer,	1212
as defined in section 2911.01 of the Revised Code, whom the	1213
offender had reasonable cause to know or knew to be a law	1214
enforcement officer as so defined, and either the victim, at the	1215
time of the commission of the offense, was engaged in the victim's	1216
duties, or it was the offender's specific purpose to kill a law	1217
enforcement officer as so defined.	1218

(7) The offense was committed while the offender was	1219
committing, attempting to commit, or fleeing immediately after	1220
committing or attempting to commit kidnapping, rape, aggravated	1221
arson, aggravated robbery, or aggravated burglary, and either the	1222
offender was the principal offender in the commission of the	1223
aggravated murder or, if not the principal offender, committed the	1224
aggravated murder with prior calculation and design.	1225

(8) The victim of the aggravated murder was a witness to an	1226
offense who was purposely killed to prevent the victim's testimony	1227
in any criminal proceeding and the aggravated murder was not	1228
committed during the commission, attempted commission, or flight	1229
immediately after the commission or attempted commission of the	1230
offense to which the victim was a witness, or the victim of the	1231
aggravated murder was a witness to an offense and was purposely	1232
killed in retaliation for the victim's testimony in any criminal	1233
proceeding.	1234

(9) The offender, in the commission of the offense,	1235
purposefully caused the death of another who was under thirteen	1236
years of age at the time of the commission of the offense, and	1237
either the offender was the principal offender in the commission	1238
of the offense or, if not the principal offender, committed the	1239
offense with prior calculation and design.	1240

(10) The offense was committed while the offender was	1241
committing, attempting to commit, or fleeing immediately after	1242
committing or attempting to commit terrorism.	1243

(B) If one or more of the aggravating circumstances listed	1244
in division (A) of this section is specified in the indictment or	1245
count in the indictment and proved beyond a reasonable doubt, and	1246
if the offender did not raise the matter of age pursuant to	1247
section 2929.023 of the Revised Code or if the offender, after	1248
raising the matter of age, was found at trial to have been	1249
eighteen years of age or older at the time of the commission of	1250
the offense, the court, trial jury, or panel of three judges shall	1251
consider, and weigh against the aggravating circumstances proved	1252
beyond a reasonable doubt, the nature and circumstances of the	1253
offense, the history, character, and background of the offender,	1254
and all of the following factors:	1255

(1) Whether the victim of the offense induced or facilitated	1256
it;	1257

(2) Whether it is unlikely that the offense would have been	1258
committed, but for the fact that the offender was under duress,	1259
coercion, or strong provocation;	1260

(3) Whether, at the time of committing the offense, the	1261
offender, because of a mental disease or defect, lacked	1262
substantial capacity to appreciate the criminality of the	1263
offender's conduct or to conform the offender's conduct to the	1264
requirements of the law;	1265

(4) The youth of the offender;

1266

(5) The offender's lack of a significant history of prior	1267
criminal convictions and delinquency adjudications;	1268

(6) If the offender was a participant in the offense but not	1269
the principal offender, the degree of the offender's participation	1270
in the offense and the degree of the offender's participation in	1271
the acts that led to the death of the victim;	1272

(7) Any other factors that are relevant to the issue of	1273
whether the offender should be sentenced to death.	1274

(C) The defendant shall be given great latitude in the	1275
presentation of evidence of the factors listed in division (B) of	1276
this section and of any other factors in mitigation of the	1277
imposition of the sentence of death.	1278

The existence of any of the mitigating factors listed in	1279
division (B) of this section does not preclude the imposition of a	1280
sentence of death on the offender but shall be weighed pursuant to	1281
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	1282
the trial court, trial jury, or the panel of three judges against	1283
the aggravating circumstances the offender was found guilty of	1284
committing.	1285

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	1286
Revised Code:	1287

(A) "Wire communication" means an aural transfer that is	1288
made in whole or in part through the use of facilities for the	1289
transmission of communications by the aid of wires or similar	1290
methods of connecting the point of origin of the communication and	1291
the point of reception of the communication, including the use of	1292
a method of connecting the point of origin and the point of	1293
reception of the communication in a switching station, if the	1294
facilities are furnished or operated by a person engaged in	1295
providing or operating the facilities for the transmission of	1296
communications. "Wire communication" includes an electronic	1297
storage of a wire communication.	1298

(B) "Oral communication" means an oral communication uttered	1299
by a person exhibiting an expectation that the communication is	1300
not subject to interception under circumstances justifying that	1301
expectation. "Oral communication" does not include an electronic	1302
communication.	1303

(C) "Intercept" means the aural or other acquisition of the	1304
contents of any wire, oral, or electronic communication through	1305
the use of an interception device.	1306

(D) "Interception device" means an electronic, mechanical,	1307
or other device or apparatus that can be used to intercept a wire,	1308
oral, or electronic communication. "Interception device" does not	1309
mean any of the following:	1310

(1) A telephone or telegraph instrument, equipment, or	1311
facility, or any of its components, if the instrument, equipment,	1312
facility, or component is any of the following:	1313

(a) Furnished to the subscriber or user by a provider of	1314
wire or electronic communication service in the ordinary course of	1315
its business and being used by the subscriber or user in the	1316
ordinary course of its business;	1317

(b) Furnished by a subscriber or user for connection to the	1318
facilities of a provider of wire or electronic communication	1319
service and used in the ordinary course of that subscriber's or	1320
user's business;	1321

(c) Being used by a provider of wire or electronic	1322
communication service in the ordinary course of its business or by	1323
an investigative or law enforcement officer in the ordinary course	1324
of the officer's duties that do not involve the interception of	1325
wire, oral, or electronic communications.	1326

(2) A hearing aid or similar device being used to correct	1327
subnormal hearing to not better than normal.	1328

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

1329

(1) An officer of this state or a political subdivision of	1330
this state, who is empowered by law to conduct investigations or	1331
to make arrests for a designated offense;	1332

(2) A person described in divisions (A)(11)(a) and (b) of	1333
section 2901.01 of the Revised Code;	1334

(3) An attorney authorized by law to prosecute or	1335
participate in the prosecution of a designated offense;	1336

(4) A secret service officer appointed pursuant to section	1337
309.07 of the Revised Code;	1338

(5) An officer of the United States, a state, or a political	1339
subdivision of a state who is authorized to conduct investigations	1340
pursuant to the "Electronic Communications Privacy Act of 1986,"	1341
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	1342

(F) "Interception warrant" means a court order that	1343
authorizes the interception of wire, oral, or electronic	1344
communications and that is issued pursuant to sections 2933.53 to	1345
2933.56 of the Revised Code.	1346

(G) "Contents," when used with respect to a wire, oral, or	1347
electronic communication, includes any information concerning the	1348
substance, purport, or meaning of the communication.	1349

(H) "Communications common carrier" means a person who is	1350
engaged as a common carrier for hire in intrastate, interstate, or	1351
foreign communications by wire, radio, or radio transmission of	1352
energy. "Communications common carrier" does not include, to the	1353
extent that the person is engaged in radio broadcasting, a person	1354
engaged in radio broadcasting.	1355

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

1356

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	1357
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,	1358
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	1359
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.04,	1360
2913.42, 2913.51, 2915.02, 2915.03, 2917.01, 2917.02, 2921.02,	1361
2921.03, 2921.04, 2921.32, 2921.34, 2923.20, 2923.32, 2925.03,	1362
2925.04, 2925.05, or 2925.06 or of division (B) of section 2915.05	1363
of the Revised Code;	1364

(2) A violation of section 2919.23 of the Revised Code that,	1365
had it occurred prior to July 1, 1996, would have been a violation	1366
of section 2905.04 of the Revised Code as it existed prior to that	1367
date;	1368

(3) A felony violation of section 2925.11 of the Revised	1369
Code that is not a minor drug possession offense, as defined in	1370
section 2925.01 of the Revised Code;	1371

(4) Complicity in the commission of a felony violation of a	1372
section listed in division (I)(1), (2), or (3) of this section;	1373

(5) An attempt to commit, or conspiracy in the commission	1374
of, a felony violation of a section listed in division (I)(1),	1375
(2), or (3) of this section, if the attempt or conspiracy is	1376
punishable by a term of imprisonment of more than one year.	1377

(J) "Aggrieved person" means a person who was a party to an	1378
intercepted wire, oral, or electronic communication or a person	1379
against whom the interception of the communication was directed.	1380

(K) "Person" means a person, as defined in section 1.59 of	1381
the Revised Code, or a governmental officer, employee, or entity.	1382

(L) "Special need" means a showing that a licensed	1383
physician, licensed practicing psychologist, attorney, practicing	1384
cleric, journalist, or either spouse is personally engaging in	1385
continuing criminal activity, was engaged in continuing criminal	1386
activity over a period of time, or is committing, has committed,	1387
or is about to commit, a designated offense, or a showing that	1388
specified public facilities are being regularly used by someone	1389
who is personally engaging in continuing criminal activity, was	1390
engaged in continuing criminal activity over a period of time, or	1391
is committing, has committed, or is about to commit, a designated	1392
offense.	1393

(M) "Journalist" means a person engaged in, connected with,	1394
or employed by, any news media, including a newspaper, magazine,	1395
press association, news agency, or wire service, a radio or	1396
television station, or a similar media, for the purpose of	1397
gathering, processing, transmitting, compiling, editing, or	1398
disseminating news for the general public.	1399

(N) "Electronic communication" means a transfer of a sign,	1400
signal, writing, image, sound, datum, or intelligence of any	1401
nature that is transmitted in whole or in part by a wire, radio,	1402
electromagnetic, photoelectronic, or photo-optical system.	1403
"Electronic communication" does not mean any of the following:	1404

(1) A wire or oral communication;

1405

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

1406

(3) A communication from an electronic or mechanical	1407
tracking device that permits the tracking of the movement of a	1408
person or object.	1409

(O) "User" means a person or entity that uses an electronic	1410
communication service and is duly authorized by the provider of	1411
the service to engage in the use of the electronic communication	1412
service.	1413

(P) "Electronic communications system" means a wire, radio,	1414
electromagnetic, photoelectronic, or photo-optical facility for	1415
the transmission of electronic communications, and a computer	1416
facility or related electronic equipment for the electronic	1417
storage of electronic communications.	1418

(Q) "Electronic communication service" means a service that	1419
provides to users of the service the ability to send or receive	1420
wire or electronic communications.	1421

(R) "Readily accessible to the general public" means, with	1422
respect to a radio communication, that the communication is none	1423
of the following:	1424

(1) Scrambled or encrypted;

1425

(2) Transmitted using a modulation technique, the essential	1426
parameters of which have been withheld from the public with the	1427
intention of preserving the privacy of the communication;	1428

(3) Carried on a subcarrier or other signal subsidiary to a	1429
radio transmission;	1430

(4) Transmitted over a communications system provided by a	1431
communications common carrier, unless the communication is a	1432
tone-only paging system communication;	1433

(5) Transmitted on a frequency allocated under part 25,	1434
subpart D, E, or F of part 74, or part 94 of the Rules of the	1435
Federal Communications Commission, as those provisions existed on	1436
July 1, 1996, unless, in the case of a communication transmitted	1437
on a frequency allocated under part 74 that is not exclusively	1438
allocated to broadcast auxiliary services, the communication is a	1439
two-way voice communication by radio.	1440

(S) "Electronic storage" means a temporary, intermediate	1441
storage of a wire or electronic communication that is incidental	1442
to the electronic transmission of the communication, and a storage	1443
of a wire or electronic communication by an electronic	1444
communication service for the purpose of backup protection of the	1445
communication.	1446

(T) "Aural transfer" means a transfer containing the human	1447
voice at a point between and including the point of origin and the	1448
point of reception.	1449

(U) "Pen register" means a device that records or decodes	1450
electronic impulses that identify the numbers dialed, pulsed, or	1451
otherwise transmitted on telephone lines to which the device is	1452
attached.	1453

(V) "Trap and trace device" means a device that captures the	1454
incoming electronic or other impulses that identify the	1455
originating number of an instrument or device from which a wire	1456
communication or electronic communication was transmitted but that	1457
does not intercept the contents of the wire communication or	1458
electronic communication.	1459

(W) "Judge of a court of common pleas" means a judge of that	1460
court who is elected or appointed as a judge of general	1461
jurisdiction or as a judge who exercises both general jurisdiction	1462
and probate, domestic relations, or juvenile jurisdiction. "Judge	1463
of a court of common pleas" does not mean a judge of that court	1464
who is elected or appointed specifically as a probate, domestic	1465
relations, or juvenile judge.	1466

Sec. 2941.14.  (A) In an indictment for aggravated murder,	1467
murder, or voluntary or involuntary manslaughter, the manner in	1468
which, or the means by which the death was caused need not be set	1469
forth.	1470

(B) Imposition of the death penalty for aggravated murder is	1471
precluded unless the indictment or count in the indictment	1472
charging the offense specifies one or more of the aggravating	1473
circumstances listed in division (A) of section 2929.04 of the	1474
Revised Code. If more than one aggravating circumstance is	1475
specified to an indictment or count, each shall be in a separately	1476
numbered specification, and if an aggravating circumstance is	1477
specified to a count in an indictment containing more than one	1478
count, such specification shall be identified as to the count to	1479
which it applies.	1480

(C) A specification to an indictment or count in an	1481
indictment charging aggravated murder shall be stated at the end	1482
of the body of the indictment or count, and may be in	1483
substantially the following form:	1484

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE	1485
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand	1486
Jurors further find and specify that (set forth the applicable	1487
aggravating circumstance listed in divisions (A)(1) to (9)(10) of	1488
section 2929.04 of the Revised Code. The aggravating circumstance	1489
may be stated in the words of the subdivision in which it appears,	1490
or in words sufficient to give the accused notice of the same)."	1491

Sec. 3313.536.  The board of education of each city, exempted	1492
village, and local school district shall adopt a comprehensive	1493
school safety plan for each school building under the board's	1494
control. The board shall examine the environmental conditions and	1495
operations of each building to determine potential hazards to	1496
student and staff safety and shall propose operating changes to	1497
promote the prevention of potentially dangerous problems and	1498
circumstances. In developing the plan for each building, the	1499
board shall involve community law enforcement and safety	1500
officials, parents of students who are assigned to the building,	1501
and teachers and nonteaching employees who are assigned to the	1502
building. The board shall consider incorporating remediation	1503
strategies into the plan for any building where documented safety	1504
problems have occurred. The board shall file a copy of the safety	1505
plan with each law enforcement agency that has jurisdiction over	1506
the school building.	1507

The board shall incorporate into the plan both of the	1508
following:	1509

(A) A protocol for addressing serious threats to the safety	1510
of school property, students, employees, or administrators;	1511

(B) A protocol for responding to any emergency events that	1512
do occur and that compromise the safety of school property,	1513
students, employees, or administrators.	1514

Each protocol shall include procedures deemed appropriate by	1515
the board for responding to threats and emergency events,	1516
respectively, including such things as notification of appropriate	1517
law enforcement personnel, calling upon specified emergency	1518
response personnel for assistance, and informing parents of	1519
affected students.	1520

Sec. 4507.09.  (A) Except as provided in division (B) of	1521
this section, every driver's license issued to a resident of this	1522
state expires on the birthday of the applicant in the fourth year	1523
after the date it is issued and every driver's license issued to a	1524
temporary resident expires in accordance with rules adopted by the	1525
registrar of motor vehicles. In no event shall any license be	1526
issued for a period longer than four years and ninety days.	1527

Subject to the requirements of section 4507.12 of the Revised	1528
Code, every driver's license issued to a resident is renewable at	1529
any time prior to its expiration and any license of a temporary	1530
resident is nonrenewable. A nonrenewable license may be replaced	1531
with a new license within ninety days prior to its expiration upon	1532
the applicant's compliance with all applicable requirementsin	1533
accordance with division (E) of this section. No refund shall be	1534
made or credit given for the unexpired portion of the driver's	1535
license that is renewed. The registrar of motor vehicles shall	1536
notify each person whose driver's license has expired within	1537
forty-five days after the date of expiration. Notification shall	1538
be made by regular mail sent to the person's last known address as	1539
shown in the records of the bureau of motor vehicles. Failure to	1540
provide such notification shall not be construed as a renewal or	1541
extension of any license. For the purposes of this section, the	1542
date of birth of any applicant born on the twenty-ninth day of	1543
February shall be deemed to be the first day of March in any year	1544
in which there is no twenty-ninth day of February.	1545

(B) Every driver's license or renewal of a driver's license	1546
issued to an applicant who is sixteen years of age or older, but	1547
less than twenty-one years of age, expires on the twenty-first	1548
birthday of the applicant, except that an applicant who applies no	1549
more than thirty days before the applicant's twenty-first birthday	1550
shall be issued a license in accordance with division (A) of this	1551
section.	1552

(C) Each person licensed as a driver under this chapter	1553
shall notify the registrar of any change in the person's address	1554
within ten days following that change. The notification shall be	1555
in writing on a form provided by the registrar and shall include	1556
the full name, date of birth, license number, county of residence,	1557
social security number, and new address of the person.	1558

(D) No driver's license shall be renewed when renewal is	1559
prohibited by division (A) of section 4507.091 of the Revised	1560
Code.	1561

(E) A nonrenewable license may be replaced with a new license	1562
within ninety days prior to its expiration upon the applicant's	1563
presentation of documentation verifying the applicant's legal	1564
presence in the United States. A nonrenewable license expires on	1565
the same date listed on the legal presence documentation, or on	1566
the same date in the fourth year after the date the nonrenewable	1567
license is issued, whichever comes first. A nonrenewable license	1568
is not transferable, and the applicant may not rely on it to	1569
obtain a driver’s license in another state.	1570

In accordance with Chapter 119. of the Revised Code, the	1571
registrar of motor vehicles shall adopt rules governing	1572
nonrenewable licenses for temporary residents. At a minimum, the	1573
rules shall include provisions specifying all of the following:	1574

(1) That no nonrenewable license may extend beyond the	1575
duration of the applicant’s temporary residence in this state;	1576

(2) That no nonrenewable license may be replaced by a new	1577
license unless the applicant provides acceptable documentation of	1578
the person’s identity and of the applicant’s continued temporary	1579
residence in this state;	1580

(3) That no nonrenewable license is valid to apply for a	1581
driver’s license in any other state;	1582

(4) That every nonrenewable license may contain any security	1583
features that the registrar prescribes.	1584

Sec. 5502.26.  (A) The board of county commissioners of a	1585
county and the chief executive of all or a majority of the other	1586
political subdivisions within the county may enter into a written	1587
agreement establishing a countywide emergency management agency.	1588

A representative from each political subdivision entering	1589
into the agreement, selected by the political subdivision's chief	1590
executive, shall constitute a countywide advisory group for the	1591
purpose of appointing an executive committee under this section	1592
through which the countywide agency shall implement emergency	1593
management in the county in accordance with this section and for	1594
the purpose of advising the executive committee on matters	1595
pertaining to countywide emergency management. The executive	1596
committee shall consist of at least the following seven members:	1597
one county commissioner representing the board of county	1598
commissioners entering into the agreement; five chief executives	1599
representing the municipal corporations and townships entering	1600
into the agreement; and one nonelected representative. The	1601
countywide agreement shall specify how many additional members, if	1602
any, shall serve on the executive committee and their manner of	1603
selection.	1604

The agency shall be supported financially by the political	1605
subdivisions entering into the countywide agreement. The	1606
executive committee shall appoint a director/coordinator of	1607
emergency management who shall pursue a professional development	1608
training program in accordance with rules adopted under section	1609
5502.25 of the Revised Code. The director/coordinator of	1610
emergency management may be an official or employee of any	1611
political subdivision entering into the countywide agreement,	1612
except that the director/coordinator shall not be the chief	1613
executive of any such political subdivision.	1614

A countywide emergency management agency organized under this	1615
section shall establish a program for emergency management that:	1616

(1) Is in accordance with sections 5502.21 to 5502.51 of the	1617
Revised Code, rules adopted under those sections, the "Act of	1618
January 12, 1951 ," 64 Stat. 1245, 50 App. U.S.C.A. 2251local	1619
ordinances pertaining to emergency management, the "Robert T.	1620
Stafford Disaster Relief and Emergency Assistance Act," 88 Stat.	1621
143, 42 U.S.C. 5121, et. seq., as amended, and all applicable	1622
rules and regulations adopted under itthat act;	1623

(2) Includes, without limitation, development of an	1624
all-hazards emergency operations plan that has been coordinated	1625
with all agencies, boards, and divisions having emergency	1626
management functions within the county;	1627

(3) Includes the preparation and conduct of an annual	1628
exercise of the county’s all-hazards emergency operations plan;	1629

(4) Is applicable to all political subdivisions entering into	1630
the countywide agreement.	1631

The director/coordinator of emergency management for a	1632
countywide agency organized under this section shall be	1633
responsible for coordinating, organizing, administering, and	1634
operating emergency management in accordance with the agency's	1635
program established under this section, subject to the direction	1636
and control of the executive committee. All agencies, boards, and	1637
divisions having emergency management functions within each	1638
political subdivision within the county shall cooperate in the	1639
development of the all-hazards emergency operations plan and shall	1640
cooperate in the preparation and conduct of the annual exercise.	1641

(B) Nothing in this section requires any political	1642
subdivision that is located within a county that has entered into	1643
a written agreement under this section establishing a countywide	1644
emergency management agency to enter into that agreement, provided	1645
that the political subdivision has established a program for	1646
emergency management in accordance with section 5502.271 of the	1647
Revised Code.	1648

(C) A countywide emergency management agency shall be	1649
considered a county board and shall receive the services of the	1650
auditor, treasurer, and prosecuting attorney of the county in the	1651
same manner as other county agencies, boards, or divisions.	1652

Sec. 5502.27.  (A) In lieu of establishing a countywide	1653
emergency management agency under section 5502.26 of the Revised	1654
Code, the boards of county commissioners of two or more counties,	1655
with the consent of the chief executives of a majority of the	1656
participating political subdivisions of each county involved, may	1657
enter into a written agreement establishing a regional authority	1658
for emergency management.	1659

A representative from each political subdivision entering	1660
into the agreement, selected by the political subdivision's chief	1661
executive, shall constitute a regional advisory group for the	1662
purpose of appointing an executive committee under this section	1663
through which the regional authority shall implement emergency	1664
management in the counties in accordance with this section and for	1665
the purpose of advising the executive committee on matters	1666
pertaining to regional emergency management. The executive	1667
committee shall consist of at least the following nine members:	1668
two county commissioners representing the boards of county	1669
commissioners entering into the agreement; six chief executives	1670
representing the municipal corporations and townships entering	1671
into the agreement; and one nonelected representative. The	1672
regional agreement shall specify how many additional members, if	1673
any, shall serve on the executive committee and their manner of	1674
selection.	1675

The authority shall be supported financially by the political	1676
subdivisions entering into the regional agreement. The executive	1677
committee shall appoint a director/coordinator of emergency	1678
management who shall pursue a professional development training	1679
program in accordance with rules adopted under section 5502.25 of	1680
the Revised Code. The director/coordinator of emergency	1681
management may be an official or employee of any political	1682
subdivision entering into the regional agreement, except that the	1683
director/coordinator shall not be the chief executive of any such	1684
political subdivision.	1685

A regional authority for emergency management organized under	1686
this section shall establish a program for emergency management	1687
that:	1688

(1) Is in accordance with sections 5502.21 to 5502.51 of the	1689
Revised Code, rules adopted under those sections, the "Act of	1690
January 12, 1951," 64 Stat. 1245, 50 App. U.S.C.A. 2251local	1691
ordinances pertaining to emergency management, the "Robert T.	1692
Stafford Disaster Relief and Emergency Assistance Act," 88 Stat.	1693
143, 42 U.S.C. 5121, et. seq., as amended, and all applicable	1694
rules and regulations adopted under itthat act;	1695

(2) Includes, without limitation, development of an	1696
all-hazards emergency operations plan that has been coordinated	1697
with all agencies, boards, and divisions having emergency	1698
management functions within the regional authority;	1699

(3) Includes the preparation and conduct of an annual	1700
exercise of the regional authority's all-hazards emergency	1701
operations plan;	1702

(4) Is applicable to all political subdivisions entering into	1703
the regional agreement.	1704

The director/coordinator of emergency management for a	1705
regional authority organized under this section shall be	1706
responsible for coordinating, organizing, administering, and	1707
operating emergency management in accordance with the authority's	1708
program established under this section, subject to the direction	1709
and control of the executive committee. All agencies, boards, and	1710
divisions having emergency management functions within each	1711
political subdivision within the regional authority shall	1712
cooperate in the development of the all-hazards emergency	1713
operations plan and shall cooperate in the preparation and conduct	1714
of the annual exercise.	1715

(B) Nothing in this section requires any political	1716
subdivision that is located within a county that has entered into	1717
a written agreement under this section establishing a regional	1718
authority for emergency management to enter into that agreement,	1719
provided that the political subdivision has established a program	1720
for emergency management in accordance with section 5502.271 of	1721
the Revised Code.	1722

(C) A regional authority for emergency management may	1723
designate the county auditor and county treasurer of one of the	1724
counties in the region as fiscal officers for the regional	1725
authority and may designate the prosecuting attorney of one of the	1726
counties in the region as legal advisor for the regional	1727
authority.	1728

Sec. 5502.271.  The chief executive of any political	1729
subdivision that has not entered into a written agreement	1730
establishing either a countywide emergency management agency under	1731
section 5502.26 of the Revised Code or a regional authority for	1732
emergency management under section 5502.27 of the Revised Code	1733
shall establish a program for emergency management within that	1734
political subdivision that meets all of the following criteria:	1735

(A) Is in accordance with sections 5502.21 to 5502.51 of the	1736
Revised Code, rules adopted under those sections, the "Act of	1737
January 12, 1951," 64 Stat. 1245, 50 App. U.S.C.A. 2251local	1738
ordinances pertaining to emergency management, the "Robert T.	1739
Stafford Disaster Relief and Emergency Assistance Act," 88 Stat.	1740
143, 42 U.S.C. 5121, et. seq., as amended, and all applicable	1741
rules and regulations adopted under itthat act;	1742

(B) Includes, without limitation, development of an	1743
all-hazards emergency operations plan that has been coordinated	1744
with all agencies, boards, and divisions having emergency	1745
management functions within the political subdivision;	1746

(C) Includes the preparation and conduct of an annual	1747
exercise of the political subdivision's all-hazards emergency	1748
operations plan;	1749

(D) Is not inconsistent with the program for emergency	1750
management established for the county in which the political	1751
subdivision is located by a countywide emergency management agency	1752
under section 5502.26 of the Revised Code or a regional authority	1753
for emergency management under section 5502.27 of the Revised	1754
Code.	1755

All agencies, boards, and divisions having emergency	1756
management functions within the political subdivision shall	1757
cooperate in the development of the all-hazards emergency	1758
operations plan and shall cooperate in the preparation and conduct	1759
of the annual exercise.	1760

The chief executive shall appoint a director/coordinator of	1761
emergency management who shall pursue a professional development	1762
training program in accordance with rules adopted under section	1763
5502.25 of the Revised Code. The director/coordinator of	1764
emergency management may be an official or employee of the	1765
political subdivision, but shall not be the chief executive of the	1766
political subdivision.	1767

The director/coordinator shall be responsible for	1768
coordinating, organizing, administering, and operating emergency	1769
management in accordance with the political subdivision's program	1770
established under this section, subject to the direction and	1771
control of the chief executive.	1772

Section 2. That existing sections 121.22, 2901.01, 2903.01,	1773
2921.32, 2923.31, 2927.24, 2929.04, 2933.51, 2941.14, 3313.536,	1774
4507.09, 5502.26, 5502.27, and 5502.271 of the Revised Code are	1775
hereby repealed.	1776

Section 3.  Section 4507.09 of the Revised Code is presented	1777
in this act as a composite of the section as amended by both Am.	1778
H.B. 141 and Am. Sub. S.B. 60 of the 122nd General Assembly. The	1779
General Assembly, applying the principle stated in division (B) of	1780
section 1.52 of the Revised Code that amendments are to be	1781
harmonized if reasonably capable of simultaneous operation, finds	1782
that the composite is the resulting version of the section in	1783
effect prior to the effective date of the section as presented in	1784
this act.	1785

Section 4. This act is hereby declared to be an emergency	1786
measure necessary for the immediate preservation of the public	1787
peace, health, and safety. The reason for such necessity is that	1788
the recent terrorist attacks of September 11, 2001, underscore the	1789
compelling need for legislation that is specifically designed to	1790
combat the evils of terrorism, that comprehensive state laws are	1791
urgently needed to complement federal laws in the fight against	1792
terrorism and to better protect all citizens against terrorist	1793
acts, and that state laws must be strengthened to ensure that	1794
terrorists, as well as those who solicit or provide financial and	1795
other support to terrorists, are prosecuted and punished in state	1796
courts with appropriate severity. Therefore, this act shall go	1797
into immediate effect.	1798