Sub. H. B. No. 259 As Reported by the House Criminal Justice Committee

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

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 and to prohibit any person from engaging 6
in the same action with respect to any person when 7
the person is a knowing carrier of certain viruses 8
or bacteria. 9

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

       Section 1. That section 2921.38 of the Revised Code be 10
amended to read as follows: 11

       Sec. 2921.38. (A) No person who is confined in a detention 12
facility, with intent to harass, annoy, threaten, or alarm another 13
person, shall cause or attempt to cause the other person to come 14
into contact with blood, semen, urine, feces, or another bodily 15
substance by throwing the bodily substance at the other person, by 16
expelling the bodily substance upon the other person, or in any 17
other manner. 18

       (B) No person, with intent to harass, annoy, threaten, or 19
alarm a law enforcement officer, shall cause or attempt to cause 20
the law enforcement officer to come into contact with blood, 21
semen, urine, feces, or another bodily substance by throwing the 22
bodily substance at the law enforcement officer, by expelling the 23
bodily substance upon the law enforcement officer, or in any other 24
manner. 25

       (C) No person ~~who is confined in a detention facility~~, with 26
knowledge that the person is a carrier of the virus that causes 27
acquired immunodeficiency syndrome, is a carrier of a hepatitis 28
virus, or is infected with tuberculosis and with intent to harass, 29
annoy, threaten, or alarm another person, shall cause or attempt 30
to cause the other person to come into contact with blood, semen, 31
urine, feces, or another bodily substance by throwing the bodily 32
substance at the other person, by expelling the bodily substance 33
upon the other person, or in any other manner. 34

       ~~(C)~~(D) Whoever violates this section is guilty of harassment 35
~~by an inmate~~with a bodily substance. A violation of division (A) 36
or (B) of this section is a felony of the fifth degree. A 37
violation of division ~~(B)~~(C) of this section is a felony of the 38
third degree. 39

       ~~(D)~~(E)(1) The court, on request of the prosecutor, or the law 40
enforcement authority responsible for the investigation of the 41
violation, shall cause a person who allegedly has committed a 42
violation of this section to submit to one or more appropriate 43
tests to determine if the person is a carrier of the virus that 44
causes acquired immunodeficiency syndrome, is a carrier of a 45
hepatitis virus, or is infected with tuberculosis. 46

       (2) The court shall charge the offender with the costs of the 47
test or tests ordered under division ~~(D)~~(E)(1) of this section 48
unless the court determines that the accused is unable to pay, in 49
which case the costs shall be charged to the entity that operates 50
the detention facility in which the alleged offense occurred. 51

       ~~(E)~~(F) This section does not apply to a person who is 52
hospitalized, institutionalized, or confined in a facility 53
operated by the department of mental health or the department of 54
mental retardation and developmental disabilities. 55

       Section 2. That existing section 2921.38 of the Revised Code 56
is hereby repealed. 57

Section 1. That section 2921.38 of the Revised Code be	10
amended to read as follows:	11

Sec. 2921.38. (A) No person who is confined in a detention	12
facility, with intent to harass, annoy, threaten, or alarm another	13
person, shall cause or attempt to cause the other person to come	14
into contact with blood, semen, urine, feces, or another bodily	15
substance by throwing the bodily substance at the other person, by	16
expelling the bodily substance upon the other person, or in any	17
other manner.	18

(B) No person, with intent to harass, annoy, threaten, or	19
alarm a law enforcement officer, shall cause or attempt to cause	20
the law enforcement officer to come into contact with blood,	21
semen, urine, feces, or another bodily substance by throwing the	22
bodily substance at the law enforcement officer, by expelling the	23
bodily substance upon the law enforcement officer, or in any other	24
manner.	25

(C) No person ~~who is confined in a detention facility~~, with	26
knowledge that the person is a carrier of the virus that causes	27
acquired immunodeficiency syndrome, is a carrier of a hepatitis	28
virus, or is infected with tuberculosis and with intent to harass,	29
annoy, threaten, or alarm another person, shall cause or attempt	30
to cause the other person to come into contact with blood, semen,	31
urine, feces, or another bodily substance by throwing the bodily	32
substance at the other person, by expelling the bodily substance	33
upon the other person, or in any other manner.	34

~~(C)~~(D) Whoever violates this section is guilty of harassment	35
~~by an inmate~~with a bodily substance. A violation of division (A)	36
or (B) of this section is a felony of the fifth degree. A	37
violation of division ~~(B)~~(C) of this section is a felony of the	38
third degree.	39

~~(D)~~(E)(1) The court, on request of the prosecutor, or the law	40
enforcement authority responsible for the investigation of the	41
violation, shall cause a person who allegedly has committed a	42
violation of this section to submit to one or more appropriate	43
tests to determine if the person is a carrier of the virus that	44
causes acquired immunodeficiency syndrome, is a carrier of a	45
hepatitis virus, or is infected with tuberculosis.	46

(2) The court shall charge the offender with the costs of the	47
test or tests ordered under division ~~(D)~~(E)(1) of this section	48
unless the court determines that the accused is unable to pay, in	49
which case the costs shall be charged to the entity that operates	50
the detention facility in which the alleged offense occurred.	51

~~(E)~~(F) This section does not apply to a person who is	52
hospitalized, institutionalized, or confined in a facility	53
operated by the department of mental health or the department of	54
mental retardation and developmental disabilities.	55

Section 2. That existing section 2921.38 of the Revised Code	56
is hereby repealed.	57