As Reported by the Senate Judiciary Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 20


Representatives Burke, Letson 

Cosponsors: Representatives Amstutz, Boose, Derickson, Gardner, Grossman, Murray, Pillich, Snitchler, Stautberg, Stinziano, Winburn, Garland, Bubp, Blessing, Hayes, Slaby, Adams, R., Anielski, Ashford, Barnes, Beck, Blair, Brenner, Butler, Carney, Coley, Combs, DeGeeter, Dovilla, Driehaus, Fedor, Fende, Gerberry, Gonzales, Goyal, Hackett, Hagan, C., Hagan, R., Luckie, Lundy, Mallory, McClain, McKenney, Milkovich, Newbold, O'Brien, Patmon, Phillips, Ramos, Reece, Roegner, Rosenberger, Ruhl, Sears, Szollosi, Thompson, Uecker, Weddington, Young Speaker Batchelder 

Senators Wagoner, Obhof 

A BILL
To amend section 2921.04 of the Revised Code to 1
specify that the offense of intimidation of an 2
attorney, victim, or witness in a criminal case 3
also applies to delinquency cases and to attempts 4
to influence, intimidate, or hinder a witness to a 5
criminal or delinquent act regardless of whether 6
an action or proceeding is pending.7


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

       Section 1. That section 2921.04 of the Revised Code be 8
amended to read as follows:9

       Sec. 2921.04.  (A) No person shall knowingly attempt to 10
intimidate or hinder the victim of a crime or delinquent act in 11
the filing or prosecution of criminal charges or a delinquent 12
child action or proceeding, and no person shall knowingly attempt 13
to intimidate a witness involved into a criminal action or 14
proceeding in the discharge of the duties of the witnessor 15
delinquent act by reason of the person being a witness to that 16
act.17

       (B) No person, knowingly and by force or by unlawful threat 18
of harm to any person or property or by unlawful threat to commit 19
any offense or calumny against any person, shall attempt to 20
influence, intimidate, or hinder theany of the following persons:21

       (1) The victim of a crime or delinquent act in the filing or 22
prosecution of criminal charges or an attorney ora delinquent 23
child action or proceeding;24

       (2) A witness involved in ato a criminal or delinquent act 25
by reason of the person being a witness to that act;26

        (3) An attorney by reason of the attorney's involvement in 27
any criminal or delinquent child action or proceeding in the 28
discharge of the duties of the attorney or witness.29

       (C) Division (A) of this section does not apply to any person 30
who is attempting to resolve a dispute pertaining to the alleged 31
commission of a criminal offense, either prior to or subsequent to 32
the filing of a complaint, indictment, or information, by 33
participating in the arbitration, mediation, compromise, 34
settlement, or conciliation of that dispute pursuant to an 35
authorization for arbitration, mediation, compromise, settlement, 36
or conciliation of a dispute of that nature that is conferred by 37
any of the following:38

       (1) A section of the Revised Code;39

       (2) The Rules of Criminal Procedure, the Rules of 40
Superintendence for Municipal Courts and County Courts, the Rules 41
of Superintendence for Courts of Common Pleas, or another rule 42
adopted by the supreme court in accordance with section 5 of 43
Article IV, Ohio Constitution;44

       (3) A local rule of court, including, but not limited to, a 45
local rule of court that relates to alternative dispute resolution 46
or other case management programs and that authorizes the referral 47
of disputes pertaining to the alleged commission of certain types 48
of criminal offenses to appropriate and available arbitration, 49
mediation, compromise, settlement, or other conciliation programs;50

       (4) The order of a judge of a municipal court, county court, 51
or court of common pleas.52

        (D) Whoever violates this section is guilty of intimidation 53
of an attorney, victim, or witness in a criminal case. A violation 54
of division (A) of this section is a misdemeanor of the first 55
degree. A violation of division (B) of this section is a felony of 56
the third degree.57

       (E) As used in this section, "witness" means any person who 58
has or claims to have knowledge concerning a fact or facts 59
concerning a criminal or delinquent act, whether or not criminal 60
or delinquent child charges are actually filed.61

       Section 2. That existing section 2921.04 of the Revised Code 62
is hereby repealed.63