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| To amend sections 2917.31, 4501.11, and 5503.02 of | 1 |
| the Revised Code to authorize the state highway | 2 |
| patrol to provide emergency assistance to a school | 3 |
| district confronted with a bomb threat or a | 4 |
| similar threat of imminent and catastrophic harm, | 5 |
| and to increase the penalty for inducing panic to | 6 |
| a felony of the second degree when a school is | 7 |
| involved. | 8 |
| Section 1. That sections 2917.31, 4501.11, and 5503.02 of the | 9 |
| Revised Code be amended to read as follows: | 10 |
| Sec. 2917.31. (A) No person shall cause the evacuation of | 11 |
| any public place, or otherwise cause serious public inconvenience | 12 |
| or alarm, by doing any of the following: | 13 |
| (1) Initiating or circulating a report or warning of an | 14 |
| alleged or impending fire, explosion, crime, or other catastrophe, | 15 |
| knowing that such report or warning is false; | 16 |
| (2) Threatening to commit any offense of violence; | 17 |
| (3) Committing any offense, with reckless disregard of the | 18 |
| likelihood that its commission will cause serious public | 19 |
| inconvenience or alarm. | 20 |
| (B) Division (A)(1) of this section does not apply to any | 21 |
| person conducting an authorized fire or emergency drill. | 22 |
| (C)(1) Whoever violates this section is guilty of inducing | 23 |
| panic. | 24 |
| (2) Except as otherwise provided in division (C)(3), (4), | 25 |
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(5), (6), (7), or (8) | 26 |
| misdemeanor of the first degree. | 27 |
| (3) Except as otherwise provided in division (C)(4), (5), | 28 |
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(6), (7), or (8) | 29 |
| section results in physical harm to any person, inducing panic is | 30 |
| a felony of the fourth degree. | 31 |
| (4) Except as otherwise provided in division (C)(5), (6), | 32 |
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(7), or (8) | 33 |
| section results in economic harm, the penalty shall be determined | 34 |
| as follows: | 35 |
| (a) If the violation results in economic harm of five hundred | 36 |
| dollars or more but less than five thousand dollars and if | 37 |
| division (C)(3) of this section does not apply, inducing panic is | 38 |
| a felony of the fifth degree. | 39 |
| (b) If the violation results in economic harm of five | 40 |
| thousand dollars or more but less than one hundred thousand | 41 |
| dollars, inducing panic is a felony of the fourth degree. | 42 |
| (c) If the violation results in economic harm of one hundred | 43 |
| thousand dollars or more, inducing panic is a felony of the third | 44 |
| degree. | 45 |
| (5) | 46 |
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violation of division (A)(1) of this section is a
school,
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| the second degree. | 66 |
| (6) If the violation pertains to a purported, threatened, or | 67 |
| actual use of a weapon of mass destruction, and except as | 68 |
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otherwise provided in division (C)(5), (7), or
(8) | 69 |
| section, inducing panic is a felony of the fourth degree. | 70 |
| (7) If the violation pertains to a purported, threatened, or | 71 |
| actual use of a weapon of mass destruction, and except as | 72 |
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otherwise provided in division
(C) | 73 |
| section, if a violation of this section results in physical harm | 74 |
| to any person, inducing panic is a felony of the third degree. | 75 |
| (8) If the violation pertains to a purported, threatened, or | 76 |
| actual use of a weapon of mass destruction, and except as | 77 |
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otherwise provided in division (C) | 78 |
| section, if a violation of this section results in economic harm | 79 |
| of one hundred thousand dollars or more, inducing panic is a | 80 |
| felony of the third degree. | 81 |
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| (D)(1) It is not a defense to a charge under this section | 100 |
| that pertains to a purported or threatened use of a weapon of mass | 101 |
| destruction that the offender did not possess or have the ability | 102 |
| to use a weapon of mass destruction or that what was represented | 103 |
| to be a weapon of mass destruction was not a weapon of mass | 104 |
| destruction. | 105 |
| (2) Any act that is a violation of this section and any other | 106 |
| section of the Revised Code may be prosecuted under this section, | 107 |
| the other section, or both sections. | 108 |
| (E) As used in this section: | 109 |
| (1) "Economic harm" means any of the following: | 110 |
| (a) All direct, incidental, and consequential pecuniary harm | 111 |
| suffered by a victim as a result of criminal conduct. "Economic | 112 |
| harm" as described in this division includes, but is not limited | 113 |
| to, all of the following: | 114 |
| (i) All wages, salaries, or other compensation lost as a | 115 |
| result of the criminal conduct; | 116 |
| (ii) The cost of all wages, salaries, or other compensation | 117 |
| paid to employees for time those employees are prevented from | 118 |
| working as a result of the criminal conduct; | 119 |
| (iii) The overhead costs incurred for the time that a | 120 |
| business is shut down as a result of the criminal conduct; | 121 |
| (iv) The loss of value to tangible or intangible property | 122 |
| that was damaged as a result of the criminal conduct. | 123 |
| (b) All costs incurred by the state or any political | 124 |
| subdivision as a result of, or in making any response to, the | 125 |
| criminal conduct that constituted the violation of this section or | 126 |
| section 2917.32 of the Revised Code, including, but not limited | 127 |
| to, all costs so incurred by any law enforcement officers, | 128 |
| firefighters, rescue personnel, or emergency medical services | 129 |
| personnel of the state or the political subdivision. | 130 |
| (2) "School" means any school operated by a board of | 131 |
| education or any school for which the state board of education | 132 |
| prescribes minimum standards under section 3301.07 of the Revised | 133 |
| Code, whether or not any instruction, extracurricular activities, | 134 |
| or training provided by the school is being conducted at the time | 135 |
| a violation of this section is committed. | 136 |
| (3) "Weapon of mass destruction" means any of the following: | 137 |
| (a) Any weapon that is designed or intended to cause death or | 138 |
| serious physical harm through the release, dissemination, or | 139 |
| impact of toxic or poisonous chemicals, or their precursors; | 140 |
| (b) Any weapon involving a disease organism or biological | 141 |
| agent; | 142 |
| (c) Any weapon that is designed to release radiation or | 143 |
| radioactivity at a level dangerous to human life; | 144 |
| (d) Any of the following, except to the extent that the item | 145 |
| or device in question is expressly excepted from the definition of | 146 |
| "destructive device" pursuant to 18 U.S.C. 921(a)(4) and | 147 |
| regulations issued under that section: | 148 |
| (i) Any explosive, incendiary, or poison gas bomb, grenade, | 149 |
| rocket having a propellant charge of more than four ounces, | 150 |
| missile having an explosive or incendiary charge of more than | 151 |
| one-quarter ounce, mine, or similar device; | 152 |
| (ii) Any combination of parts either designed or intended for | 153 |
| use in converting any item or device into any item or device | 154 |
| described in division (E)(3)(d)(i) of this section and from which | 155 |
| an item or device described in that division may be readily | 156 |
| assembled. | 157 |
| (4) "Biological agent" has the same meaning as in section | 158 |
| 2917.33 of the Revised Code. | 159 |
| (5) "Emergency medical services personnel" has the same | 160 |
| meaning as in section 2133.21 of the Revised Code. | 161 |
| Sec. 4501.11. (A) There is hereby created in the state | 162 |
| treasury the security, investigations, and policing fund. | 163 |
| Notwithstanding section 5503.04 of the Revised Code, no fines | 164 |
| collected from or money arising from bonds or bail forfeited by | 165 |
| persons apprehended or arrested by state highway patrol troopers | 166 |
| shall be credited to the general revenue fund until sufficient | 167 |
| revenue to fund appropriations for the activities described under | 168 |
| division (B) of this section are credited to the security, | 169 |
| investigations, and policing fund. All investment earnings of the | 170 |
| security, investigations, and policing fund shall be credited to | 171 |
| that fund. | 172 |
| This division does not apply to fines for violations of | 173 |
| division (B) of section 4513.263 of the Revised Code, or to fines | 174 |
| for violations of any municipal ordinance that is substantively | 175 |
| comparable to that division, which fines shall be delivered to the | 176 |
| treasurer of state as provided in division (E) of section 4513.263 | 177 |
| of the Revised Code. | 178 |
| (B) The money credited to the security, investigations, and | 179 |
| policing fund shall be used to pay the costs of: | 180 |
| (1) Providing security for the governor, other officials and | 181 |
| dignitaries, the capitol square, and other state property pursuant | 182 |
| to division | 183 |
| (2) Undertaking major criminal investigations that involve | 184 |
| state property interests; | 185 |
| (3) Providing traffic control and security for the Ohio | 186 |
| expositions commission on a full-time, year-round basis; | 187 |
| (4) Performing nonhighway-related duties of the state highway | 188 |
| patrol at the Ohio state fair; | 189 |
| (5) Coordinating homeland security activities. | 190 |
| Sec. 5503.02. (A) The state highway patrol shall enforce the | 191 |
| laws of the state relating to the titling, registration, and | 192 |
| licensing of motor vehicles; enforce on all roads and highways, | 193 |
| notwithstanding section 4513.39 of the Revised Code, the laws | 194 |
| relating to the operation and use of vehicles on the highways; | 195 |
| enforce and prevent the violation of the laws relating to the | 196 |
| size, weight, and speed of commercial motor vehicles and all laws | 197 |
| designed for the protection of the highway pavements and | 198 |
| structures on the highways; investigate and enforce rules and laws | 199 |
| of the public utilities commission governing the transportation of | 200 |
| persons and property by motor carriers and report violations of | 201 |
| such rules and laws to the commission; enforce against any motor | 202 |
| transportation company as defined in section 4921.02 of the | 203 |
| Revised Code, any contract carrier by motor vehicle as defined in | 204 |
| section 4923.02 of the Revised Code, any private motor carrier as | 205 |
| defined in section 4923.20 of the Revised Code, and any motor | 206 |
| carrier as defined in section 4919.75 of the Revised Code those | 207 |
| rules and laws that, if violated, may result in a forfeiture as | 208 |
| provided in section 4905.83, 4919.99, 4921.99, or 4923.99 of the | 209 |
| Revised Code; investigate and report violations of all laws | 210 |
| relating to the collection of excise taxes on motor vehicle fuels; | 211 |
| and regulate the movement of traffic on the roads and highways of | 212 |
| the state, notwithstanding section 4513.39 of the Revised Code. | 213 |
| The patrol, whenever possible, shall determine the identity | 214 |
| of the persons who are causing or who are responsible for the | 215 |
| breaking, damaging, or destruction of any improved surfaced | 216 |
| roadway, structure, sign, marker, guardrail, or other appurtenance | 217 |
| constructed or maintained by the department of transportation and | 218 |
| shall arrest the persons who are responsible for the breaking, | 219 |
| damaging, or destruction and bring them before the proper | 220 |
| officials for prosecution. | 221 |
| State highway patrol troopers shall investigate and report | 222 |
| all motor vehicle accidents on all roads and highways outside of | 223 |
| municipal corporations. The superintendent of the patrol or any | 224 |
| state highway patrol trooper may arrest, without a warrant, any | 225 |
| person, who is the driver of or a passenger in any vehicle | 226 |
| operated or standing on a state highway, whom the superintendent | 227 |
| or trooper has reasonable cause to believe is guilty of a felony, | 228 |
| under the same circumstances and with the same power that any | 229 |
| peace officer may make such an arrest. | 230 |
| The superintendent or any state highway patrol trooper may | 231 |
| enforce the criminal laws on all state properties and state | 232 |
| institutions, owned or leased by the state, and, when so ordered | 233 |
| by the governor in the event of riot, civil disorder, or | 234 |
| insurrection, may, pursuant to sections 2935.03 to 2935.05 of the | 235 |
| Revised Code, arrest offenders against the criminal laws wherever | 236 |
| they may be found within the state if the violations occurred | 237 |
| upon, or resulted in injury to person or property on, state | 238 |
| properties or state institutions, or under the conditions | 239 |
| described in division (B) or (C) of this section. | 240 |
| (B) In the event of riot, civil disorder, or insurrection, or | 241 |
| the reasonable threat of riot, civil disorder, or insurrection, | 242 |
| and upon request, as provided in this section, of the sheriff of a | 243 |
| county or the mayor or other chief executive of a municipal | 244 |
| corporation, the governor may order the state highway patrol to | 245 |
| enforce the criminal laws within the area threatened by riot, | 246 |
| civil disorder, or insurrection, as designated by the governor, | 247 |
| upon finding that law enforcement agencies within the counties | 248 |
| involved will not be reasonably capable of controlling the riot, | 249 |
| civil disorder, or insurrection and that additional assistance is | 250 |
| necessary. In cities in which the sheriff is under contract to | 251 |
| provide exclusive police services pursuant to section 311.29 of | 252 |
| the Revised Code, in villages, and in the unincorporated areas of | 253 |
| the county, the sheriff has exclusive authority to request the use | 254 |
| of the patrol. In cities in which the sheriff does not exclusively | 255 |
| provide police services, the mayor, or other chief executive | 256 |
| performing the duties of mayor, has exclusive authority to request | 257 |
| the use of the patrol. | 258 |
| The superintendent or any state highway patrol trooper may | 259 |
| enforce the criminal laws within the area designated by the | 260 |
| governor during the emergency arising out of the riot, civil | 261 |
| disorder, or insurrection until released by the governor upon | 262 |
| consultation with the requesting authority. State highway patrol | 263 |
| troopers shall never be used as peace officers in connection with | 264 |
| any strike or labor dispute. | 265 |
| When a request for the use of the patrol is made pursuant to | 266 |
| this division, the requesting authority shall notify the law | 267 |
| enforcement authorities in contiguous communities and the sheriff | 268 |
| of each county within which the threatened area, or any part of | 269 |
| the threatened area, lies of the request, but the failure to | 270 |
| notify the authorities or a sheriff shall not affect the validity | 271 |
| of the request. | 272 |
| (C) The state highway patrol may provide emergency assistance | 273 |
| to a school district if all of the following apply: | 274 |
| (1) The school district has received a threat of a bomb, | 275 |
| fire, explosion, or similar catastrophic event concerning one or | 276 |
| more school buildings, facilities, or vehicles; | 277 |
| (2) The threat poses a risk of imminent harm to persons or | 278 |
| property under the authority or control of the school district; | 279 |
| (3) The school district believes immediate assistance is | 280 |
| required; and | 281 |
| (4) The state highway patrol receives a written request for | 282 |
| emergency assistance from either of the following: | 283 |
| (a) The sheriff of any county in which territory of the | 284 |
| school district is located; or | 285 |
| (b) The chief law enforcement officer of any municipal | 286 |
| corporation located wholly or partly within the territorial | 287 |
| boundaries of the school district. | 288 |
| (D) Any person who is arrested by the superintendent or a | 289 |
| state highway patrol trooper shall be taken before any court or | 290 |
| magistrate having jurisdiction of the offense with which the | 291 |
| person is charged. Any person who is arrested or apprehended | 292 |
| within the limits of a municipal corporation shall be brought | 293 |
| before the municipal court or other tribunal of the municipal | 294 |
| corporation. | 295 |
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| and power of search and seizure as other peace officers. | 297 |
| No state official shall command, order, or direct any state | 298 |
| highway patrol trooper to perform any duty or service that is not | 299 |
| authorized by law. The powers and duties conferred on the patrol | 300 |
| are supplementary to, and in no way a limitation on, the powers | 301 |
| and duties of sheriffs or other peace officers of the state. | 302 |
| (2)(a) | 303 |
| section, a state highway patrol trooper, pursuant to the policy | 304 |
| established by the superintendent of the state highway patrol | 305 |
| under division | 306 |
| assistance to any other peace officer who has arrest authority | 307 |
| under section 2935.03 of the Revised Code, if both of the | 308 |
| following apply: | 309 |
| (i) There is a threat of imminent physical danger to the | 310 |
| peace officer, a threat of physical harm to another person, or any | 311 |
| other serious emergency situation; | 312 |
| (ii) Either the peace officer requests emergency assistance | 313 |
| or it appears that the peace officer is unable to request | 314 |
| emergency assistance and the circumstances observed by the state | 315 |
| highway patrol trooper reasonably indicate that emergency | 316 |
| assistance is appropriate. | 317 |
| (b) The superintendent of the state highway patrol shall | 318 |
| establish, within sixty days of August 8, 1991, a policy that sets | 319 |
| forth the manner and procedures by which a state highway patrol | 320 |
| trooper may render emergency assistance to any other peace officer | 321 |
| under division | 322 |
| include a provision that a state highway patrol trooper never be | 323 |
| used as a peace officer in connection with any strike or labor | 324 |
| dispute. | 325 |
| (3)(a) A state highway patrol trooper who renders emergency | 326 |
| assistance to any other peace officer under the policy established | 327 |
| by the superintendent pursuant to division | 328 |
| section or who renders emergency assistance as provided in | 329 |
| division (C) of this section shall be considered to be performing | 330 |
| regular employment for the purposes of compensation, pension, | 331 |
| indemnity fund rights, workers' compensation, and other rights or | 332 |
| benefits to which the trooper may be entitled as incident to | 333 |
| regular employment. | 334 |
| (b) A state highway patrol trooper who renders emergency | 335 |
| assistance to any other peace officer under the policy established | 336 |
| by the superintendent pursuant to division | 337 |
| section or who renders emergency assistance as provided in | 338 |
| division (C) of this section retains personal immunity from | 339 |
| liability as specified in section 9.86 of the Revised Code. | 340 |
| (c) A state highway patrol trooper who renders emergency | 341 |
| assistance under the policy established by the superintendent | 342 |
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pursuant to division | 343 |
| authority as the peace officer for or with whom the state highway | 344 |
| patrol trooper is providing emergency assistance. | 345 |
| | 346 |
| appropriated by the general assembly for security detail purposes, | 347 |
| the state highway patrol shall provide security as follows: | 348 |
| (a) For the governor; | 349 |
| (b) At the direction of the governor, for other officials of | 350 |
| the state government of this state; officials of the state | 351 |
| governments of other states who are visiting this state; officials | 352 |
| of the United States government who are visiting this state; | 353 |
| officials of the governments of foreign countries or their | 354 |
| political subdivisions who are visiting this state; or other | 355 |
| officials or dignitaries who are visiting this state, including, | 356 |
| but not limited to, members of trade missions; | 357 |
| (c) For the capitol square, as defined in section 105.41 of | 358 |
| the Revised Code; | 359 |
| (d) For other state property. | 360 |
| (2) To carry out the security responsibilities of the patrol | 361 |
| listed in division | 362 |
| may assign state highway patrol troopers to a separate unit that | 363 |
| is responsible for security details. The number of troopers | 364 |
| assigned to particular security details shall be determined by the | 365 |
| superintendent. | 366 |
| (3) The superintendent and any state highway patrol trooper, | 367 |
| when providing security pursuant to division | 368 |
| of this section, have the same arrest powers as other peace | 369 |
| officers to apprehend offenders against the criminal laws who | 370 |
| endanger or threaten the security of any person being protected, | 371 |
| no matter where the offense occurs. | 372 |
| The superintendent, any state highway patrol trooper, and any | 373 |
| special police officer designated under section 5503.09 of the | 374 |
| Revised Code, when providing security pursuant to division | 375 |
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| capitol square adopted by the capitol square review and advisory | 377 |
| board. | 378 |
| | 379 |
| undertake major criminal investigations that involve state | 380 |
| property interests. If an investigation undertaken pursuant to | 381 |
| this division results in either the issuance of a no bill or the | 382 |
| filing of an indictment, the superintendent shall file a complete | 383 |
| and accurate report of the investigation with the president of the | 384 |
| senate, the speaker of the house of representatives, the minority | 385 |
| leader of the senate, and the minority leader of the house of | 386 |
| representatives within fifteen days after the issuance of the no | 387 |
| bill or the filing of an indictment. If the investigation does not | 388 |
| have as its result any prosecutorial action, the superintendent | 389 |
| shall, upon reporting this fact to the governor, file a complete | 390 |
| and accurate report of the investigation with the president of the | 391 |
| senate, the speaker of the house of representatives, the minority | 392 |
| leader of the senate, and the minority leader of the house of | 393 |
| representatives. | 394 |
| | 395 |
| and buildings needed by the patrol, negotiate the sale of real | 396 |
| property owned by the patrol, rent or lease real property owned or | 397 |
| leased by the patrol, and make or cause to be made repairs to all | 398 |
| property owned or under the control of the patrol. Any instrument | 399 |
| by which real property is acquired pursuant to this division shall | 400 |
| identify the agency of the state that has the use and benefit of | 401 |
| the real property as specified in section 5301.012 of the Revised | 402 |
| Code. | 403 |
| Sections 123.01 and 125.02 of the Revised Code do not limit | 404 |
| the powers granted to the superintendent by this division. | 405 |
| Section 2. That existing sections 2917.31, 4501.11 and | 406 |
| 5503.02 of the Revised Code are hereby repealed. | 407 |