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To amend sections 2917.04 and 2917.13 and to enact | 1 |
section 2917.031 of the Revised Code to increase | 2 |
the penalty under specified circumstances for | 3 |
failure to disperse and misconduct at an emergency | 4 |
and to clarify the required proof for the offenses | 5 |
of riot and aggravated riot. | 6 |
Section 1. That sections 2917.04 and 2917.13 be amended and | 7 |
section 2917.031 of the Revised Code be enacted to read as | 8 |
follows: | 9 |
Sec. 2917.031. For the purposes of prosecuting violations of | 10 |
sections 2917.02 and 2917.03 of the Revised Code, the state is not | 11 |
required to allege or prove that the offender expressly agreed | 12 |
with four or more others to commit any act that constitutes a | 13 |
violation of either section prior to or while committing those | 14 |
acts. | 15 |
Sec. 2917.04. (A) Where five or more persons are | 16 |
participating in a course of disorderly conduct in violation of | 17 |
section 2917.11 of the Revised Code, and there are other persons | 18 |
in the vicinity whose presence creates the likelihood of physical | 19 |
harm to persons or property or of serious public inconvenience, | 20 |
annoyance, or alarm, a law enforcement officer or other public | 21 |
official may order the participants and such other persons to | 22 |
disperse. No person shall knowingly fail to obey such order. | 23 |
(B) Nothing in this section requires persons to disperse who | 24 |
are peaceably assembled for a lawful purpose. | 25 |
(C)(1) Whoever violates this section is guilty of failure to | 26 |
disperse | 27 |
(2) Except as otherwise provided in division (C)(3) of this | 28 |
section, failure to disperse is a minor misdemeanor. | 29 |
(3) Failure to disperse is a misdemeanor of the fourth degree | 30 |
if any of the following apply: | 31 |
(a) The failure to obey the order described in division (A) | 32 |
of this section hampers the lawful operations of any law | 33 |
enforcement officer, firefighter, rescuer, medical person, | 34 |
emergency medical services person, or other authorized person who | 35 |
is engaged in the person's duties at the scene of a fire, | 36 |
accident, disaster, riot, or emergency of any kind. | 37 |
(b) The failure to obey the order described in division (A) | 38 |
of this section hampers the lawful activities of any emergency | 39 |
facility person who is engaged in the person's duties in an | 40 |
emergency facility. | 41 |
(c) The offender fails to obey the lawful order of any law | 42 |
enforcement officer engaged in the law enforcement officer's | 43 |
duties at the scene of or in connection with a fire, accident, | 44 |
disaster, riot, or emergency of any kind. | 45 |
(D) As used in this section: | 46 |
(1) "Emergency medical services person" is the singular of | 47 |
"emergency medical services personnel" as defined in section | 48 |
2133.21 of the Revised Code. | 49 |
(2) "Emergency facility person" is the singular of "emergency | 50 |
facility personnel" as defined in section 2909.04 of the Revised | 51 |
Code. | 52 |
(3) "Emergency facility" has the same meaning as in section | 53 |
2909.04 of the Revised Code. | 54 |
Sec. 2917.13. (A) No person shall knowingly do any of the | 55 |
following: | 56 |
(1) Hamper the lawful operations of any law enforcement | 57 |
officer, firefighter, rescuer, medical person, emergency medical | 58 |
services person, or other authorized person, engaged in the | 59 |
person's duties at the scene of a fire, accident, disaster, riot, | 60 |
or emergency of any kind; | 61 |
(2) Hamper the lawful activities of any emergency facility | 62 |
person who is engaged in the person's duties in an emergency | 63 |
facility; | 64 |
(3) Fail to obey the lawful order of any law enforcement | 65 |
officer engaged in the law enforcement officer's duties at the | 66 |
scene of or in connection with a fire, accident, disaster, riot, | 67 |
or emergency of any kind. | 68 |
(B) Nothing in this section shall be construed to limit | 69 |
access or deny information to any news media representative in the | 70 |
lawful exercise of the news media representative's duties. | 71 |
(C) Whoever violates this section is guilty of misconduct at | 72 |
an emergency. Except as otherwise provided in this division, | 73 |
misconduct at an emergency is a | 74 |
degree. If a violation of this section creates a risk of physical | 75 |
harm to persons or property, misconduct at an emergency is a | 76 |
misdemeanor of the first degree. | 77 |
(D) As used in this section: | 78 |
(1) "Emergency medical services person" is the singular of | 79 |
"emergency medical services personnel" as defined in section | 80 |
2133.21 of the Revised Code. | 81 |
(2) "Emergency facility person" is the singular of "emergency | 82 |
facility personnel" as defined in section 2909.04 of the Revised | 83 |
Code. | 84 |
(3) "Emergency facility" has the same meaning as in section | 85 |
2909.04 of the Revised Code. | 86 |
Section 2. That existing sections 2917.04 and 2917.13 of the | 87 |
Revised Code are hereby repealed. | 88 |