As Reported by the House State Government Committee

126th General Assembly
Regular Session
2005-2006
H. B. No. 551


Representatives Latta, Fende, Setzer, Wolpert, Law, McGregor, J., Evans, D., Seitz, Hughes, Bubp, Yuko, Willamowski, Aslanides, Schaffer, Otterman, Combs, Evans, C., Oelslager, Reidelbach, Webster, Buehrer, Patton, T. 



A BILL
To amend section 5502.52 of the Revised Code to 1
prohibit a person from making a false report that 2
results in the implementation of the statewide 3
emergency alert program or a local or regional 4
emergency alert program.5


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

       Section 1. That section 5502.52 of the Revised Code be 6
amended to read as follows:7

       Sec. 5502.52. (A) There is hereby created the statewide8
emergency alert program to aid in the identification and location9
of children who are under eighteen years of age, who are abducted,10
and whose abduction, as determined by a law enforcement agency,11
poses a credible threat of immediate danger of serious bodily harm12
or death to a child. The program shall be a coordinated effort13
among the governor's office, the department of public safety, the14
attorney general, law enforcement agencies, the state's public and15
commercial television and radio broadcasters, and others as deemed16
necessary by the governor.17

       (B) The statewide emergency alert program shall not be18
implemented unless all of the following activation criteria are19
met:20

       (1) The local investigating law enforcement agency confirms21
that an abduction has occurred.22

       (2) An abducted child is under eighteen years of age.23

       (3) The abduction poses a credible threat of immediate danger 24
of serious bodily harm or death to a child.25

       (4) A law enforcement agency determines that the child is not26
a runaway and has not been abducted as a result of a child custody27
dispute, unless the dispute poses a credible threat of immediate28
danger of serious bodily harm or death to the child.29

       (5) There is sufficient descriptive information about the30
child, the abductor, and the circumstances surrounding the31
abduction to indicate that activation of the alert will help32
locate the child.33

       (C) Nothing in division (B) of this section prevents the34
activation of a local or regional emergency alert program that may35
impose different criteria for the activation of a local or36
regional plan.37

       (D) Any radio broadcast station, television broadcast 38
station, or cable television system participating in the statewide 39
emergency alert program or in any local or regional emergency 40
alert program, and any director, officer, employee, or agent of 41
any such station or system, shall not be liable to any person for 42
damages for any loss allegedly caused by or resulting from the 43
station's or system's broadcast or cablecast of, or failure to 44
broadcast or cablecast, any information pursuant to the statewide 45
emergency alert program or the local or regional emergency alert 46
program.47

       (E) No person shall knowingly make a false report that a 48
child has been abducted and that leads to the implementation of 49
the statewide emergency alert program created under this section 50
or that leads to the implementation of a local or regional 51
emergency alert program. Whoever violates this division is guilty 52
of a felony of the fourth degree.53

       (F) As used in this section:54

       (1) "Abducted child" means a child for whom there is credible 55
evidence to believe that the child has been abducted in violation 56
of section 2905.01, 2905.02, 2905.03, or 2905.05 of the Revised 57
Code.58

       (2) "Cable television system" means a cable system, as 59
defined in section 2913.04 of the Revised Code.60

       (3) "Law enforcement agency" includes, but is not limited to, 61
a county sheriff's office, the office of a village marshal, a62
police department of a municipal corporation, a police force of a63
regional transit authority, a police force of a metropolitan64
housing authority, the state highway patrol, a state university65
law enforcement agency, the office of a township police constable,66
and the police department of a township or joint township police67
district.68

       Section 2. That existing section 5502.52 of the Revised Code 69
is hereby repealed.70