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HB 382
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As Introduced

122nd General Assembly
Regular Session
1997-1998

H. B. No. 382

REPRESENTATIVES OGG-OPFER-PRINGLE-SULZER-TAVARES- VAN VYVEN-GARCIA

A BILL

To amend section 2917.31 of the Revise Code to increase the penalty for the offense of inducing panic when the public place involved in the offense is a school.

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

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

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

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

(2) Threatening to commit any offense of violence;

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

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

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

(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OR (4) OF THIS SECTION, INDUCING PANIC IS a misdemeanor of the first degree. If

(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4) OF THIS SECTION, IF A violation of this section results in physical harm to any person, inducing panic is a felony of the fourth degree.

(4)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4)(b) OF THIS SECTION, IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF DIVISION (A)(1) OF THIS SECTION IS A SCHOOL, INDUCING PANIC IS A FELONY OF THE FOURTH DEGREE.

(b) IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF DIVISION (A)(1) OF THIS SECTION IS A SCHOOL AND IF THE VIOLATION RESULTS IN PHYSICAL HARM TO ANY PERSON, INDUCING PANIC IS A FELONY OF THE THIRD DEGREE.

(D) AS USED IN THIS SECTION, "SCHOOL" MEANS ANY SCHOOL OPERATED BY A BOARD OF EDUCATION OR ANY SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 of the Revised Code, WHETHER OR NOT ANY INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY THE SCHOOL IS BEING CONDUCTED AT THE TIME A VIOLATION OF THIS SECTION IS COMMITTED.

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 That existing section 2917.31 of the Revised Code is hereby repealed.