As Reported by the House Infrastructure, Homeland Security and Veterans Affairs Committee

127th General Assembly Regular Session 2007-2008

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 

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A BILL

To amend section 2917.31 of the Revised Code to

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increase the penalty for inducing panic to a

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felony of the second degree when a school or an

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institution of higher education is involved.

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

Section 1. That section 2917.31 of the Revised Code be	5
amended to read as follows:	6

Sec. 2917.31.  (A) No person shall cause the evacuation of	7
any public place, or otherwise cause serious public inconvenience	8
or alarm, by doing any of the following:	9

(1) Initiating or circulating a report or warning of an	10
alleged or impending fire, explosion, crime, or other catastrophe,	11
knowing that such report or warning is false;	12

(2) Threatening to commit any offense of violence;

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(3) Committing any offense, with reckless disregard of the	14
likelihood that its commission will cause serious public	15
inconvenience or alarm.	16

(B) Division (A)(1) of this section does not apply to any	17
person conducting an authorized fire or emergency drill.	18

(C)(1) Whoever violates this section is guilty of inducing	19
panic.	20

(2) Except as otherwise provided in division (C)(3), (4),	21
(5), (6), (7), or (8), or (9) of this section, inducing panic is a	22
misdemeanor of the first degree.	23

(3) Except as otherwise provided in division (C)(4), (5),	24
(6), (7), or (8), or (9) of this section, if a violation of this	25
section results in physical harm to any person, inducing panic is	26
a felony of the fourth degree.	27

(4) Except as otherwise provided in division (C)(5), (6),	28
(7), or (8), or (9) of this section, if a violation of this	29
section results in economic harm, the penalty shall be determined	30
as follows:	31

(a) If the violation results in economic harm of five hundred	32
dollars or more but less than five thousand dollars and if	33
division (C)(3) of this section does not apply, inducing panic is	34
a felony of the fifth degree.	35

(b) If the violation results in economic harm of five	36
thousand dollars or more but less than one hundred thousand	37
dollars, inducing panic is a felony of the fourth degree.	38

(c) If the violation results in economic harm of one hundred	39
thousand dollars or more, inducing panic is a felony of the third	40
degree.	41

(5) Except as otherwise provided in division (C)(6), (7),	42
(8), or (9) of this section, ifIf the public place involved in a	43
violation of division (A)(1) of this section is a school, the	44
penalty shall be determined as follows:	45

(a) Except as otherwise provided in division (C)(5)(b) or (c)	46
of this section, inducing panic is a felony of the fourth degree.	47

(b) If the violation results in physical harm to any person	48
and if division (C)(5)(c)(iii) of this section does not apply,	49
inducing panic is a felony of the third degree.	50

(c) If the violation results in economic harm, the penalty	51
shall be determined as follows:	52

(i) If the violation results in economic harm of five hundred	53
dollars or more but less than five thousand dollars and if	54
division (C)(5)(b) of this section does not apply, inducing panic	55
is a felony of the fourth degree.	56

(ii) If the violation results in economic harm of five	57
thousand dollars or more but less than one hundred thousand	58
dollars, inducing panic is a felony of the third degree.	59

(iii) If the violation results in economic harm of one	60
hundred thousand dollars or moreor an institution of higher	61
education, inducing panic is a felony of the second degree.	62

(6) If the violation pertains to a purported, threatened, or	63
actual use of a weapon of mass destruction, and except as	64
otherwise provided in division (C)(5), (7), or (8), or (9) of this	65
section, inducing panic is a felony of the fourth degree.	66

(7) If the violation pertains to a purported, threatened, or	67
actual use of a weapon of mass destruction, and except as	68
otherwise provided in division (C)(9)(a) or (c)(5) of this	69
section, if a violation of this section results in physical harm	70
to any person, inducing panic is a felony of the third degree.	71

(8) If the violation pertains to a purported, threatened, or	72
actual use of a weapon of mass destruction, and except as	73
otherwise provided in division (C)(9)(a) or (c)(5) of this	74
section, if a violation of this section results in economic harm	75
of one hundred thousand dollars or more, inducing panic is a	76
felony of the third degree.	77

(9)(a) If the public place involved in a violation of	78
division (A)(1) of this section is a school, if the violation	79
pertains to a purported, threatened, or actual use of a weapon of	80
mass destruction, and if the violation results in physical harm to	81
any person, inducing panic is a felony of the second degree.	82

(b) If the public place involved in a violation of division	83
(A)(1) of this section is a school, if the violation pertains to a	84
purported, threatened, or actual use of a weapon of mass	85
destruction, and if the violation results in economic harm of five	86
thousand dollars or more but less than one hundred thousand	87
dollars, and if division (C)(9)(a) of this section does not apply,	88
inducing panic is a felony of the third degree.	89

(c) If the public place involved in a violation of division	90
(A)(1) of this section is a school, if the violation pertains to a	91
purported, threatened, or actual use of a weapon of mass	92
destruction, and if the violation results in economic harm of one	93
hundred thousand dollars or more, inducing panic is a felony of	94
the second degree.	95

(D)(1) It is not a defense to a charge under this section	96
that pertains to a purported or threatened use of a weapon of mass	97
destruction that the offender did not possess or have the ability	98
to use a weapon of mass destruction or that what was represented	99
to be a weapon of mass destruction was not a weapon of mass	100
destruction.	101

(2) Any act that is a violation of this section and any other	102
section of the Revised Code may be prosecuted under this section,	103
the other section, or both sections.	104

(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	107
suffered by a victim as a result of criminal conduct. "Economic	108
harm" as described in this division includes, but is not limited	109
to, all of the following:	110

(i) All wages, salaries, or other compensation lost as a	111
result of the criminal conduct;	112

(ii) The cost of all wages, salaries, or other compensation	113
paid to employees for time those employees are prevented from	114
working as a result of the criminal conduct;	115

(iii) The overhead costs incurred for the time that a	116
business is shut down as a result of the criminal conduct;	117

(iv) The loss of value to tangible or intangible property	118
that was damaged as a result of the criminal conduct.	119

(b) All costs incurred by the state or any political	120
subdivision as a result of, or in making any response to, the	121
criminal conduct that constituted the violation of this section or	122
section 2917.32 of the Revised Code, including, but not limited	123
to, all costs so incurred by any law enforcement officers,	124
firefighters, rescue personnel, or emergency medical services	125
personnel of the state or the political subdivision.	126

(2) "School" means any school operated by a board of	127
education or any school for which the state board of education	128
prescribes minimum standards under section 3301.07 of the Revised	129
Code, whether or not any instruction, extracurricular activities,	130
or training provided by the school is being conducted at the time	131
a violation of this section is committed.	132

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

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(a) Any weapon that is designed or intended to cause death or	134
serious physical harm through the release, dissemination, or	135
impact of toxic or poisonous chemicals, or their precursors;	136

(b) Any weapon involving a disease organism or biological	137
agent;	138

(c) Any weapon that is designed to release radiation or	139
radioactivity at a level dangerous to human life;	140

(d) Any of the following, except to the extent that the item	141
or device in question is expressly excepted from the definition of	142
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	143
regulations issued under that section:	144

(i) Any explosive, incendiary, or poison gas bomb, grenade,	145
rocket having a propellant charge of more than four ounces,	146
missile having an explosive or incendiary charge of more than	147
one-quarter ounce, mine, or similar device;	148

(ii) Any combination of parts either designed or intended for	149
use in converting any item or device into any item or device	150
described in division (E)(3)(d)(i) of this section and from which	151
an item or device described in that division may be readily	152
assembled.	153

(4) "Biological agent" has the same meaning as in section	154
2917.33 of the Revised Code.	155

(5) "Emergency medical services personnel" has the same	156
meaning as in section 2133.21 of the Revised Code.	157

(6) "Institution of higher education" means any of the	158
following:	159

(a) A state university or college as defined in division	160
(A)(1) of section 3345.12 of the Revised Code, community college,	161
state community college, university branch, or technical college;	162

(b) A private, nonprofit college, university or other	163
post-secondary institution located in this state that possesses a	164
certificate of authorization issued by the Ohio board of regents	165
pursuant to Chapter 1713. of the Revised Code;	166

(c) A post-secondary institution with a certificate of	167
registration issued by the state board of career colleges and	168
schools under Chapter 3332. of the Revised Code.	169

Section 2. That existing section 2917.31 of the Revised Code	170
is hereby repealed.	171