As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 142

Representative Batchelder 

Cosponsors: Representatives Bacon, Williams, B., Combs, Chandler, Bubp, Fessler, Latta, Harwood, Fende, Adams, Wachtmann, White, Collier, Aslanides, Domenick, Boyd, DeBose, Distel, Dyer, Flowers, Gibbs, Hagan, J., Healy, Hite, Hughes, Mallory, Mandel, Oelslager, Otterman, Patton, Peterson, Schindel, Wagoner, Webster, Yuko, Zehringer 

Senators Grendell, Schaffer, Faber, Cates, Harris, Niehaus, Padgett, Spada 

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A BILL

To amend sections 2917.31 and 3313.482 of the Revised

1

Code to increase the penalty for inducing panic

2

to a felony of the second degree when a school or

3

an institution of higher education is involved,

4

and to permit school districts to make up

5

calamity days caused other than by a bomb threat

6

in excess of the total number of days specified in

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their contingency plans and otherwise allowed by

8

adding extra hours to the remaining days in the

9

school year.

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

Section 1. That sections 2917.31 and 3313.482 of the Revised	11
Code be amended to read as follows:	12

Sec. 2917.31.  (A) No person shall cause the evacuation of	13
any public place, or otherwise cause serious public inconvenience	14
or alarm, by doing any of the following:	15

(1) Initiating or circulating a report or warning of an	16
alleged or impending fire, explosion, crime, or other catastrophe,	17
knowing that such report or warning is false;	18

(2) Threatening to commit any offense of violence;

19

(3) Committing any offense, with reckless disregard of the	20
likelihood that its commission will cause serious public	21
inconvenience or alarm.	22

(B) Division (A)(1) of this section does not apply to any	23
person conducting an authorized fire or emergency drill.	24

(C)(1) Whoever violates this section is guilty of inducing	25
panic.	26

(2) Except as otherwise provided in division (C)(3), (4),	27
(5), (6), (7), or (8), or (9) of this section, inducing panic is a	28
misdemeanor of the first degree.	29

(3) Except as otherwise provided in division (C)(4), (5),	30
(6), (7), or (8), or (9) of this section, if a violation of this	31
section results in physical harm to any person, inducing panic is	32
a felony of the fourth degree.	33

(4) Except as otherwise provided in division (C)(5), (6),	34
(7), or (8), or (9) of this section, if a violation of this	35
section results in economic harm, the penalty shall be determined	36
as follows:	37

(a) If the violation results in economic harm of five hundred	38
dollars or more but less than five thousand dollars and if	39
division (C)(3) of this section does not apply, inducing panic is	40
a felony of the fifth degree.	41

(b) If the violation results in economic harm of five	42
thousand dollars or more but less than one hundred thousand	43
dollars, inducing panic is a felony of the fourth degree.	44

(c) If the violation results in economic harm of one hundred	45
thousand dollars or more, inducing panic is a felony of the third	46
degree.	47

(5) Except as otherwise provided in division (C)(6), (7),	48
(8), or (9) of this section, ifIf the public place involved in a	49
violation of division (A)(1) of this section is a school, the	50
penalty shall be determined as follows:	51

(a) Except as otherwise provided in division (C)(5)(b) or (c)	52
of this section, inducing panic is a felony of the fourth degree.	53

(b) If the violation results in physical harm to any person	54
and if division (C)(5)(c)(iii) of this section does not apply,	55
inducing panic is a felony of the third degree.	56

(c) If the violation results in economic harm, the penalty	57
shall be determined as follows:	58

(i) If the violation results in economic harm of five hundred	59
dollars or more but less than five thousand dollars and if	60
division (C)(5)(b) of this section does not apply, inducing panic	61
is a felony of the fourth degree.	62

(ii) If the violation results in economic harm of five	63
thousand dollars or more but less than one hundred thousand	64
dollars, inducing panic is a felony of the third degree.	65

(iii) If the violation results in economic harm of one	66
hundred thousand dollars or moreor an institution of higher	67
education, inducing panic is a felony of the second degree.	68

(6) If the violation pertains to a purported, threatened, or	69
actual use of a weapon of mass destruction, and except as	70
otherwise provided in division (C)(5), (7), or (8), or (9) of this	71
section, inducing panic is a felony of the fourth degree.	72

(7) If the violation pertains to a purported, threatened, or	73
actual use of a weapon of mass destruction, and except as	74
otherwise provided in division (C)(9)(a) or (c)(5) of this	75
section, if a violation of this section results in physical harm	76
to any person, inducing panic is a felony of the third degree.	77

(8) If the violation pertains to a purported, threatened, or	78
actual use of a weapon of mass destruction, and except as	79
otherwise provided in division (C)(9)(a) or (c)(5) of this	80
section, if a violation of this section results in economic harm	81
of one hundred thousand dollars or more, inducing panic is a	82
felony of the third degree.	83

(9)(a) If the public place involved in a violation of	84
division (A)(1) of this section is a school, if the violation	85
pertains to a purported, threatened, or actual use of a weapon of	86
mass destruction, and if the violation results in physical harm to	87
any person, inducing panic is a felony of the second degree.	88

(b) If the public place involved in a violation of division	89
(A)(1) of this section is a school, if the violation pertains to a	90
purported, threatened, or actual use of a weapon of mass	91
destruction, and if the violation results in economic harm of five	92
thousand dollars or more but less than one hundred thousand	93
dollars, and if division (C)(9)(a) of this section does not apply,	94
inducing panic is a felony of the third degree.	95

(c) If the public place involved in a violation of division	96
(A)(1) of this section is a school, if the violation pertains to a	97
purported, threatened, or actual use of a weapon of mass	98
destruction, and if the violation results in economic harm of one	99
hundred thousand dollars or more, inducing panic is a felony of	100
the second degree.	101

(D)(1) It is not a defense to a charge under this section	102
that pertains to a purported or threatened use of a weapon of mass	103
destruction that the offender did not possess or have the ability	104
to use a weapon of mass destruction or that what was represented	105
to be a weapon of mass destruction was not a weapon of mass	106
destruction.	107

(2) Any act that is a violation of this section and any other	108
section of the Revised Code may be prosecuted under this section,	109
the other section, or both sections.	110

(E) As used in this section:

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(1) "Economic harm" means any of the following:

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(a) All direct, incidental, and consequential pecuniary harm	113
suffered by a victim as a result of criminal conduct. "Economic	114
harm" as described in this division includes, but is not limited	115
to, all of the following:	116

(i) All wages, salaries, or other compensation lost as a	117
result of the criminal conduct;	118

(ii) The cost of all wages, salaries, or other compensation	119
paid to employees for time those employees are prevented from	120
working as a result of the criminal conduct;	121

(iii) The overhead costs incurred for the time that a	122
business is shut down as a result of the criminal conduct;	123

(iv) The loss of value to tangible or intangible property	124
that was damaged as a result of the criminal conduct.	125

(b) All costs incurred by the state or any political	126
subdivision as a result of, or in making any response to, the	127
criminal conduct that constituted the violation of this section or	128
section 2917.32 of the Revised Code, including, but not limited	129
to, all costs so incurred by any law enforcement officers,	130
firefighters, rescue personnel, or emergency medical services	131
personnel of the state or the political subdivision.	132

(2) "School" means any school operated by a board of	133
education or any school for which the state board of education	134
prescribes minimum standards under section 3301.07 of the Revised	135
Code, whether or not any instruction, extracurricular activities,	136
or training provided by the school is being conducted at the time	137
a violation of this section is committed.	138

(3) "Weapon of mass destruction" means any of the following:

139

(a) Any weapon that is designed or intended to cause death or	140
serious physical harm through the release, dissemination, or	141
impact of toxic or poisonous chemicals, or their precursors;	142

(b) Any weapon involving a disease organism or biological	143
agent;	144

(c) Any weapon that is designed to release radiation or	145
radioactivity at a level dangerous to human life;	146

(d) Any of the following, except to the extent that the item	147
or device in question is expressly excepted from the definition of	148
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	149
regulations issued under that section:	150

(i) Any explosive, incendiary, or poison gas bomb, grenade,	151
rocket having a propellant charge of more than four ounces,	152
missile having an explosive or incendiary charge of more than	153
one-quarter ounce, mine, or similar device;	154

(ii) Any combination of parts either designed or intended for	155
use in converting any item or device into any item or device	156
described in division (E)(3)(d)(i) of this section and from which	157
an item or device described in that division may be readily	158
assembled.	159

(4) "Biological agent" has the same meaning as in section	160
2917.33 of the Revised Code.	161

(5) "Emergency medical services personnel" has the same	162
meaning as in section 2133.21 of the Revised Code.	163

(6) "Institution of higher education" means any of the	164
following:	165

(a) A state university or college as defined in division	166
(A)(1) of section 3345.12 of the Revised Code, community college,	167
state community college, university branch, or technical college;	168

(b) A private, nonprofit college, university or other	169
post-secondary institution located in this state that possesses a	170
certificate of authorization issued by the Ohio board of regents	171
pursuant to Chapter 1713. of the Revised Code;	172

(c) A post-secondary institution with a certificate of	173
registration issued by the state board of career colleges and	174
schools under Chapter 3332. of the Revised Code.	175

Sec. 3313.482.  (A) Annually, prior to the first day of	176
September, the board of education of each city, local, and	177
exempted village school district shall adopt a resolution	178
specifying a contingency plan under which the district's students	179
will make up days on which it was necessary to close schools for	180
any of the reasons specified in division (B) of section 3317.01 of	181
the Revised Code, if any such days must be made up in order to	182
comply with the requirements of that section and sections 3313.48	183
and 3313.481 of the Revised Code. The resolution shall provide in	184
the plan for making up at least five full school days. No	185
resolution adopted pursuant to this division shall conflict with	186
any collective bargaining agreement into which a board has entered	187
pursuant to Chapter 4117. of the Revised Code and that is in	188
effect in the district.	189

(b)(B) Notwithstanding the content of the contingency plan it	190
adopts under division (A) of this section, if a school district	191
closes or evacuates any school building as a result of a bomb	192
threat or any other report of an alleged or impending explosion,	193
and if, as a result of the closing or evacuation, the school	194
district would be unable to meet the requirements of sections	195
3313.48, 3313.481, and 3317.01 of the Revised Code regarding the	196
number of days schools must be open for instruction or the	197
requirements of the state minimum standards for the school day	198
that are established by the department of education regarding the	199
number of hours there must be in the school day, the school	200
district may increase the length of one or more other school days	201
for the school that was closed or evacuated, in increments of	202
one-half hour, to make up the number of hours or days that the	203
school building in question was so closed or evacuated for the	204
purpose of satisfying the requirements of those sections	205
regarding the number of days schools must be open for instruction	206
or the requirements of those standards regarding the number of	207
hours there must be in the school day. Notwithstanding	208

(C) If a school district closes or evacuates any school	209
building for any of the reasons specified in division (B) of	210
section 3317.01 of the Revised Code, and if for that school the	211
total number of full school days specified in the district's	212
contingency plan adopted under division (A) of this section is	213
insufficient to enable the school district to meet the	214
requirements of sections 3313.48, 3313.481, and 3317.01 of the	215
Revised Code regarding the number of days schools must be open for	216
instruction or the requirements of the state minimum standards for	217
the school day that are established by the department of education	218
regarding the number of hours there must be in the school day, the	219
school district may increase the length of one or more other	220
school days for the school that was closed or evacuated, in	221
increments of one-half hour, to make up the number of hours or	222
days that the school building in question was so closed or	223
evacuated for the purpose of satisfying the requirements of those	224
sections regarding the number of days schools must be open for	225
instruction or the requirements of those standards regarding the	226
number of hours there must be in the school day. The district	227
shall not be required to actually make up any of the days	228
specified in the district's contingency plan prior to increasing	229
the length of one or more school days to make up the shortage of	230
hours or days caused by the school's closure or evacuation, but in	231
no case shall the district fail to make up the total number of	232
full school days specified in the contingency plan in accordance	233
with that plan.	234

(D) If a school district closes or evacuates a school	235
building as a result of a bomb threat or any other report of an	236
alleged or impending explosion and also closes or evacuates that	237
school building on a different day for any of the reasons	238
specified in division (B) of section 3317.01 of the Revised Code,	239
division (B) of this section applies regarding the closing or	240
evacuation of the school building as a result of the bomb threat	241
or report of an alleged or impending explosion and division (C) of	242
this section applies regarding the closing or evacuation of the	243
school building for the reason specified in division (B) of	244
section 3317.01 of the Revised Code.	245

Notwithstanding the provisions of sections 3313.48, 3313.481,	246
and 3317.01 of the Revised Code and the requirements of the state	247
minimum standards for the school day that are established by the	248
department of education and notwithstanding the content of the	249
contingency plan it adopts under division (A) of this section	250
regarding the closing or evacuation of a school building as a	251
result of a bomb threat or any other report of an alleged or	252
impending explosion, a school district that makes up, as	253
described in this division (B) or (C) of this section, all of the	254
hours or days that its school buildings were so closed or	255
evacuated for any of the reasons identified in division (B) or (C)	256
of this section shall be deemed to have complied with the	257
requirements of those sections regarding the number of days	258
schools must be open for instruction and the requirements of	259
those minimum standards regarding the number of hours there must	260
be in the school day.	261

Section 2. That existing sections 2917.31 and 3313.482 of the	262
Revised Code is hereby repealed.	263