As Reported by the Committee of Conference

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 259


Representatives Wagner, McGregor, J., Martin, Evans, C., Fende, Bubp, Wagoner, Seaver, Evans, D., Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen, Perry, Mason, Hughes, Blessing, Daniels, DeBose, DeGeeter, Domenick, Fessler, Flowers, Gibbs, Law, Oelslager, Otterman, Patton, T., Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Williams 

A BILL
To amend sections 2921.38 and 2921.51 of the Revised 1
Code to prohibit a person, with intent to harass, 2
annoy, threaten, or alarm a law enforcement 3
officer, from causing or attempting to cause the 4
law enforcement officer to come into contact with 5
a bodily substance, to prohibit any person from 6
engaging in the same action with respect to any 7
person when the person is a knowing carrier of 8
certain viruses or bacteria, and to prohibit the 9
impersonation of a federal law enforcement 10
officer.11


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

       Section 1.  That sections 2921.38 and 2921.51 of the Revised 12
Code be amended to read as follows:13

       Sec. 2921.38.  (A) No person who is confined in a detention 14
facility, with intent to harass, annoy, threaten, or alarm another 15
person, shall cause or attempt to cause the other person to come 16
into contact with blood, semen, urine, feces, or another bodily 17
substance by throwing the bodily substance at the other person, by 18
expelling the bodily substance upon the other person, or in any 19
other manner.20

       (B) No person, with intent to harass, annoy, threaten, or 21
alarm a law enforcement officer, shall cause or attempt to cause 22
the law enforcement officer to come into contact with blood, 23
semen, urine, feces, or another bodily substance by throwing the 24
bodily substance at the law enforcement officer, by expelling the 25
bodily substance upon the law enforcement officer, or in any other 26
manner.27

       (C) No person who is confined in a detention facility, with 28
knowledge that the person is a carrier of the virus that causes 29
acquired immunodeficiency syndrome, is a carrier of a hepatitis 30
virus, or is infected with tuberculosis and with intent to harass, 31
annoy, threaten, or alarm another person, shall cause or attempt 32
to cause the other person to come into contact with blood, semen, 33
urine, feces, or another bodily substance by throwing the bodily34
substance at the other person, by expelling the bodily substance 35
upon the other person, or in any other manner.36

       (C)(D) Whoever violates this section is guilty of harassment37
by an inmatewith a bodily substance. A violation of division (A) 38
or (B) of this section is a felony of the fifth degree. A 39
violation of division (B)(C) of this section is a felony of the40
third degree.41

       (D)(E)(1) The court, on request of the prosecutor, or the law42
enforcement authority responsible for the investigation of the 43
violation, shall cause a person who allegedly has committed a 44
violation of this section to submit to one or more appropriate 45
tests to determine if the person is a carrier of the virus that 46
causes acquired immunodeficiency syndrome, is a carrier of a 47
hepatitis virus, or is infected with tuberculosis.48

       (2) The court shall charge the offender with the costs of the 49
test or tests ordered under division (D)(E)(1) of this section 50
unless the court determines that the accused is unable to pay, in 51
which case the costs shall be charged to the entity that operates 52
the detention facility in which the alleged offense occurred.53

       (E)(F) This section does not apply to a person who is 54
hospitalized, institutionalized, or confined in a facility 55
operated by the department of mental health or the department of 56
mental retardation and developmental disabilities.57

       Sec. 2921.51.  (A) As used in this section:58

       (1) "Peace officer" means a sheriff, deputy sheriff, marshal, 59
deputy marshal, member of the organized police department of a 60
municipal corporation, or township constable, who is employed by a 61
political subdivision of this state, a member of a police force 62
employed by a metropolitan housing authority under division (D) of 63
section 3735.31 of the Revised Code, a member of a police force 64
employed by a regional transit authority under division (Y) of 65
section 306.35 of the Revised Code, a state university law66
enforcement officer appointed under section 3345.04 of the Revised67
Code, a veterans' home police officer appointed under section 68
5907.02 of the Revised Code, a special police officer employed by 69
a port authority under section 4582.04 or 4582.28 of the Revised 70
Code, or a state highway patrol trooper and whose primary duties 71
are to preserve the peace, to protect life and property, and to 72
enforce the laws, ordinances, or rules of the state or any of its 73
political subdivisions.74

       (2) "Private police officer" means any security guard,75
special police officer, private detective, or other person who is76
privately employed in a police capacity.77

       (3) "Federal law enforcement officer" means an employee of 78
the United States who serves in a position the duties of which are 79
primarily the investigation, apprehension, or detention of 80
individuals suspected or convicted of offenses under the criminal 81
laws of the United States.82

       (4) "Impersonate" means to act the part of, assume the83
identity of, wear the uniform or any part of the uniform of, or84
display the identification of a particular person or of a member85
of a class of persons with purpose to make another person believe86
that the actor is that particular person or is a member of that87
class of persons.88

       (B) No person shall impersonate a peace officer or, a private89
police officer, or a federal law enforcement officer.90

       (C) No person, by impersonating a peace officer or, a private91
police officer, or a federal law enforcement officer, shall arrest 92
or detain any person, search any person, or search the property of 93
any person.94

       (D) No person, with purpose to commit or facilitate the95
commission of an offense, shall impersonate a peace officer, a96
private police officer, a federal law enforcement officer, or an 97
officer, agent, or employee of the state.98

       (E) No person shall commit a felony while impersonating a99
peace officer, a private police officer, a federal law enforcement 100
officer, or an officer, agent, or employee of the state.101

       (F) It is an affirmative defense to a charge under division102
(B) of this section that the impersonation of the peace officer103
was for a lawful purpose.104

       (G) Whoever violates division (B) of this section is guilty105
of a misdemeanor of the fourth degree. Whoever violates division106
(C) or (D) of this section is guilty of a misdemeanor of the first107
degree. If the purpose of a violation of division (D) of this108
section is to commit or facilitate the commission of a felony, a109
violation of division (D) is a felony of the fourth degree.110
Whoever violates division (E) of this section is guilty of a111
felony of the third degree.112

       Section 2. That existing sections 2921.38 and 2921.51 of the 113
Revised Code are hereby repealed.114