REPRESENTATIVES Faber, Aslanides, Gibbs, Carmichael, Distel, Domenick, C. Evans, Niehaus, Reinhard, Schlichter, Seaver, Setzer, Wagner, Walcher, Widener

To amend section 901.99 and to enact section 901.511

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of the Revised Code to prohibit terrorism

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involving agricultural products or equipment.

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

Section 1. That section 901.99 be amended and section 901.511	4
of the Revised Code be enacted to read as follows:	5

Sec. 901.511.  (A) As used in this section:

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(1) "Agricultural product" means any of the following items	7
that is produced for testing or research in the context of a	8
product development program in conjunction or coordination with a	9
private research facility, a university, or any federal, state, or	10
local governmental agency or that is produced for personal,	11
commercial, pharmaceutical, or educational purposes: field crop or	12
field crop product; timber or timber product; forestry product;	13
livestock or livestock product; meat or meat product; milk or	14
dairy product; poultry or poultry product; equine animal; wool;	15
fruit or vegetable crop; aquacultural product; horticultural crop,	16
including plant materials grown in a greenhouse, nursery stock	17
grown inside or outside of a container, ornamental grass, turf	18
grass, ornamental trees, ornamental shrubs, or flowers; sod;	19
mushrooms; viticultural product; apicultural product; tobacco;	20
pasture; wild animal or domestic deer, as "wild animal" and	21
"domestic deer" are defined in section 1531.01 of the Revised	22
Code; or any combination of those items.	23

(2) "Equipment" means any implement, machinery, real or	24
personal property, building, or structure that is used in the	25
production, growing, harvesting, or housing of any agricultural	26
product. "Equipment" also includes any laboratory, research,	27
product, samples, supplies, or fixed equipment that is used to	28
test, develop, or analyze the process of producing, growing, or	29
maintaining any agricultural product.	30

(3) "Material support or resources" means currency, payment	31
instruments, other financial securities, financial services,	32
lodging, training, safehouses, false documentation or	33
identification, communications equipment, facilities, weapons,	34
lethal substances, explosives, personnel, transportation, and	35
other physical assets, except medicine or religious materials.	36

(4) "Payment instrument" means a check, draft, money order,	37
traveler's check, cashier's check, teller's check, or other	38
instrument or order for the transmission or payment of money	39
regardless of whether the item in question is negotiable.	40

(5) "Specified offense" means either of the following:

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(a) A violation of section 2909.02, 2909.03, 2909.05,	42
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42	43
of the Revised Code;	44

(b) An attempt to commit, complicity in committing, or a	45
conspiracy to commit an offense listed in division (A)(5)(a) of	46
this section.	47

(B) No person shall commit a specified offense involving any	48
agricultural product or equipment with the intent to do any of the	49
following:	50

(1) Intimidate or coerce a civilian population;

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(2) Influence the policy of any government by intimidation or	52
coercion;	53

(3) Affect the conduct of any government;

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(4) Interrupt or interfere with agricultural production,	55
agricultural research, or equipment for purposes of disrupting or	56
influencing, through intimidation or other means, consumer	57
confidence or agricultural production methods.	58

Division (B) of this section does not apply to the practice	59
of veterinary medicine by a person who has been issued a valid	60
license, temporary permit, or registration certificate to practice	61
veterinary medicine under Chapter 4741. of the Revised Code. As	62
used in this division, "practice of veterinary medicine" has the	63
same meaning as in section 4741.01 of the Revised Code.	64

(C) No person shall raise, solicit, collect, donate, or	65
provide any material support or resources with the purpose that	66
the material support or resources will be used in whole or in part	67
to plan, prepare, carry out, or aid in either a violation of	68
division (B) of this section or in the concealment of, or an	69
escape from, a violation of that division.	70

(D)(1) In addition to the penalties established in section	71
901.99 of the Revised Code for a violation of this section, the	72
court may require any person who violates this section to pay the	73
victim of the offense an amount up to triple the value of the	74
agricultural product or equipment that was the subject of the	75
violation.	76

(2) In ordering restitution under division (D)(1) of this	77
section, the court shall consider as part of the value of the	78
agricultural product or equipment the market value of the	79
agricultural product or equipment prior to the violation and the	80
production, research, testing, replacement, and development costs	81
directly related to the agricultural product or equipment that was	82
the subject of the violation.	83

(E) The enactment of this section is not intended to require	84
the prosecution exclusively under this section of an act, series	85
of acts, or course of behavior that could be prosecuted either	86
under this section or under another section of the Revised Code.	87
One or more acts, series of acts, or courses of behavior that may	88
be prosecuted either under this section or under another section	89
of the Revised Code may be prosecuted under this section, the	90
other section, or both sections.	91

Sec. 901.99.  (A) Whoever violates section 901.51 of the	92
Revised Code is guilty of a misdemeanor of the fourth degree.	93

(B) Whoever violates section 901.75 or division (C) of	94
section 901.73 of the Revised Code is guilty of a misdemeanor of	95
the first degree.	96

(C) Whoever violates division (A) of section 901.76 of the	97
Revised Code is guilty of a felony of the fifth degree on a first	98
offense and of a felony of the fourth degree on each subsequent	99
offense.	100

(D) Whoever violates division (B) of section 901.76 of the	101
Revised Code is guilty of a felony of the fourth degree.	102

(E) Whoever violates division (B) of section 901.511 of the	103
Revised Code is guilty on a first offense of a misdemeanor or a	104
felony that is one degree higher than the penalty for the most	105
serious underlying specified offense that is involved in the	106
violation. However, if on such an initial violation the penalty	107
for the most serious underlying specified offense is a felony of	108
the first degree, the violator is guilty of a felony of the first	109
degree.	110

On each subsequent violation of division (B) of that section,	111
the violator is guilty of a misdemeanor or a felony that is two	112
degrees higher than the penalty for the most serious underlying	113
specified offense that is involved in the subsequent violation.	114
However, if on such a subsequent violation the penalty for the	115
most serious underlying specified offense is a felony of the first	116
or second degree, the violator is guilty of a felony of the first	117
degree.	118

As used in this division, "specified offense" has the same	119
meaning as in section 901.511 of the Revised Code, and "most	120
serious underlying specified offense" refers to the underlying	121
specified offense that carries the highest maximum penalty.	122

(F) Whoever violates division (C) of section 901.511 of the	123
Revised Code is guilty of a felony of the third degree.	124

Section 2. That existing section 901.99 of the Revised Code	125
is hereby repealed.	126