H. B. No. 259 As Introduced

Representatives Wagner, McGregor, Martin, C. Evans, Fende, Bubp, Wagoner, Seaver, D. Evans, Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen

A BILL

To amend section 2921.38 of the Revised Code to 1
prohibit a person, with intent to harass, annoy, 2
threaten, or alarm a law enforcement officer, from 3
causing or attempting to cause the law enforcement 4
officer to come into contact with a bodily 5
substance. 6

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

       Section 1. That section 2921.38 of the Revised Code be 7
amended to read as follows: 8

       Sec. 2921.38. (A) No person who is confined in a detention 9
facility, with intent to harass, annoy, threaten, or alarm another 10
person, shall cause or attempt to cause the other person to come 11
into contact with blood, semen, urine, feces, or another bodily 12
substance by throwing the bodily substance at the other person, by 13
expelling the bodily substance upon the other person, or in any 14
other manner. 15

       (B) No person who is confined in a detention facility, with 16
knowledge that the person is a carrier of the virus that causes 17
acquired immunodeficiency syndrome, is a carrier of a hepatitis 18
virus, or is infected with tuberculosis and with intent to harass, 19
annoy, threaten, or alarm another person, shall cause or attempt 20
to cause the other person to come into contact with blood, semen, 21
urine, feces, or another bodily substance by throwing the bodily 22
substance at the other person, by expelling the bodily substance 23
upon the other person, or in any other manner. 24

       (C) No person, with intent to harass, annoy, threaten, or 25
alarm a law enforcement officer, shall cause or attempt to cause 26
the law enforcement officer to come into contact with blood, 27
semen, urine, feces, or another bodily substance by throwing the 28
bodily substance at the law enforcement officer, by expelling the 29
bodily substance upon the law enforcement officer, or in any other 30
manner. 31

        (D) No person, with knowledge that the person is a carrier of 32
the virus that causes acquired immunodeficiency syndrome, is a 33
carrier of a hepatitis virus, or is infected with tuberculosis and 34
with intent to harass, annoy, threaten, or alarm a law enforcement 35
officer, shall cause or attempt to cause the law enforcement 36
officer to come into contact with blood, semen, urine, feces, or 37
another bodily substance by throwing the bodily substance at the 38
law enforcement officer, by expelling the bodily substance upon 39
the law enforcement officer, or in any other manner. 40

        (E) Whoever violates this section is guilty of harassment by 41
~~an inmate~~with a bodily substance. A violation of division (A) or 42
(C) of this section is a felony of the fifth degree. A violation 43
of division (B) or (D) of this section is a felony of the third 44
degree. 45

       ~~(D)~~(F)(1) The court, on request of the prosecutor, or the law 46
enforcement authority responsible for the investigation of the 47
violation, shall cause a person who allegedly has committed a 48
violation of this section to submit to one or more appropriate 49
tests to determine if the person is a carrier of the virus that 50
causes acquired immunodeficiency syndrome, is a carrier of a 51
hepatitis virus, or is infected with tuberculosis. 52

       (2) The court shall charge the offender with the costs of the 53
test or tests ordered under division ~~(D)~~(F)(1) of this section 54
unless the court determines that the accused is unable to pay, in 55
which case the costs shall be charged to the entity that operates 56
the detention facility in which the alleged offense occurred. 57

       ~~(E)~~(G) This section does not apply to a person who is 58
hospitalized, institutionalized, or confined in a facility 59
operated by the department of mental health or the department of 60
mental retardation and developmental disabilities. 61

       Section 2. That existing section 2921.38 of the Revised Code 62
is hereby repealed. 63

Section 1. That section 2921.38 of the Revised Code be	7
amended to read as follows:	8

Sec. 2921.38. (A) No person who is confined in a detention	9
facility, with intent to harass, annoy, threaten, or alarm another	10
person, shall cause or attempt to cause the other person to come	11
into contact with blood, semen, urine, feces, or another bodily	12
substance by throwing the bodily substance at the other person, by	13
expelling the bodily substance upon the other person, or in any	14
other manner.	15

(B) No person who is confined in a detention facility, with	16
knowledge that the person is a carrier of the virus that causes	17
acquired immunodeficiency syndrome, is a carrier of a hepatitis	18
virus, or is infected with tuberculosis and with intent to harass,	19
annoy, threaten, or alarm another person, shall cause or attempt	20
to cause the other person to come into contact with blood, semen,	21
urine, feces, or another bodily substance by throwing the bodily	22
substance at the other person, by expelling the bodily substance	23
upon the other person, or in any other manner.	24

(C) No person, with intent to harass, annoy, threaten, or	25
alarm a law enforcement officer, shall cause or attempt to cause	26
the law enforcement officer to come into contact with blood,	27
semen, urine, feces, or another bodily substance by throwing the	28
bodily substance at the law enforcement officer, by expelling the	29
bodily substance upon the law enforcement officer, or in any other	30
manner.	31

(D) No person, with knowledge that the person is a carrier of	32
the virus that causes acquired immunodeficiency syndrome, is a	33
carrier of a hepatitis virus, or is infected with tuberculosis and	34
with intent to harass, annoy, threaten, or alarm a law enforcement	35
officer, shall cause or attempt to cause the law enforcement	36
officer to come into contact with blood, semen, urine, feces, or	37
another bodily substance by throwing the bodily substance at the	38
law enforcement officer, by expelling the bodily substance upon	39
the law enforcement officer, or in any other manner.	40

(E) Whoever violates this section is guilty of harassment by	41
~~an inmate~~with a bodily substance. A violation of division (A) or	42
(C) of this section is a felony of the fifth degree. A violation	43
of division (B) or (D) of this section is a felony of the third	44
degree.	45

~~(D)~~(F)(1) The court, on request of the prosecutor, or the law	46
enforcement authority responsible for the investigation of the	47
violation, shall cause a person who allegedly has committed a	48
violation of this section to submit to one or more appropriate	49
tests to determine if the person is a carrier of the virus that	50
causes acquired immunodeficiency syndrome, is a carrier of a	51
hepatitis virus, or is infected with tuberculosis.	52

(2) The court shall charge the offender with the costs of the	53
test or tests ordered under division ~~(D)~~(F)(1) of this section	54
unless the court determines that the accused is unable to pay, in	55
which case the costs shall be charged to the entity that operates	56
the detention facility in which the alleged offense occurred.	57

~~(E)~~(G) This section does not apply to a person who is	58
hospitalized, institutionalized, or confined in a facility	59
operated by the department of mental health or the department of	60
mental retardation and developmental disabilities.	61

Section 2. That existing section 2921.38 of the Revised Code	62
is hereby repealed.	63