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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 382 |
REPRESENTATIVES OGG-OPFER-PRINGLE-SULZER-TAVARES-VAN VYVEN-
GARCIA-SUTTON-FORD-MYERS-MASON-LUCAS-CAREY-BRADY-MOTTL-
HOUSEHOLDER-GRENDELL-WESTON-PATTON-O'BRIEN-WINKLER-TERWILLEGER-
BRADING-OLMAN-SALERNO-PADGETT-ROBERTS-ROMAN-COLONNA-
BENDER-VESPER-NETZLEY-BUCHY-LEWIS-CATES-BRITTON-JONES-VERICH-
SENATORS HERINGTON-HAGAN-NEIN-WATTS-SHOEMAKER-DiDONATO-LATTA-
WHITE-SCHAFRATH-B. JOHNSON-ESPY-OELSLAGER-LATELL-GARDNER-
CARNES-CUPP-HORN-MUMPER
A BILL
To amend sections 2917.31 and 3313.482 of the Revised Code to increase the
penalty for the
offense of inducing panic when the public place
involved in the offense is a
school
and to permit school districts
that close or evacuate a school building as a result of a bomb threat to make
up the time the school was closed, for purposes of compliance with the laws
that specify the number of days schools must be open and the number of hours
there must be in a school day, in one-half hour increments added to other
school days.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2917.31 and 3313.482 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. Except
(2) EXCEPT as otherwise provided in this division
(C)(3), (4), OR (5) OF THIS SECTION, inducing panic is
a misdemeanor of the first degree. If
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4) OR
(5) 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. If
a
(4) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5) OF
THIS SECTION, IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM, THE
PENALTY SHALL BE DETERMINED AS FOLLOWS:
(a) IF THE violation of this section results in
economic harm of five hundred dollars or more but less than five thousand
dollars AND IF DIVISION (C)(3) OF THIS SECTION DOES NOT APPLY,
inducing panic is a felony of the fifth degree. If
(b) IF THE violation of this
section results in economic harm of five thousand dollars or more but less
than one hundred thousand dollars, inducing panic is a felony of the fourth
degree. If
(c) IF THE violation of this section results in economic harm
of one hundred
thousand dollars or more, inducing panic is a felony of the third degree.
(5)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(C)(5)(b) OR (c) 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.
(c) IF THE PUBLIC PLACE INVOLVED IN A VIOLATION OF DIVISION
(A)(1) OF THIS SECTION IS A SCHOOL AND IF THE VIOLATION RESULTS IN
ECONOMIC HARM, THE PENALTY SHALL BE DETERMINED AS FOLLOWS:
(i) IF THE VIOLATION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED
DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS AND IF DIVISION
(C)(5)(b) OF THIS SECTION DOES NOT APPLY, INDUCING
PANIC IS A FELONY OF THE FOURTH DEGREE.
(ii) IF THE VIOLATION RESULTS IN ECONOMIC HARM OF FIVE THOUSAND
DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS
A FELONY OF THE THIRD DEGREE.
(iii) IF THE VIOLATION RESULTS IN ECONOMIC HARM OF ONE HUNDRED
THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A FELONY OF THE SECOND DEGREE.
(D) As used in this section, "economic:
(1) "ECONOMIC harm" means all direct, incidental,
and consequential pecuniary harm suffered by a victim as a result of criminal
conduct. "Economic harm" includes, but is not limited to, all of the
following:
(1)(a) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(2)(b) The cost of all wages, salaries, or other compensation
paid
to employees for time those employees are prevented from working
as a result of the criminal conduct;
(3)(c) The overhead costs incurred for the time that a
business is shut down as a result of the criminal conduct;
(4)(d) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(2) "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.
Sec. 3313.482. (A) Annually, prior to the first day of
September, the board of
education of each city, local, and exempted village school district shall
adopt a resolution specifying a contingency plan under which the district's
students will make up days on which it was necessary to close schools for any
of the reasons specified in division (B) of section 3317.01 of the Revised
Code, if any such days must be made up in order to comply with the
requirements of that section and sections 3313.48 and 3313.481 of the Revised
Code. The resolution shall provide in the plan for making up at least five
full school days. No such resolution ADOPTED PURSUANT TO THIS
DIVISION shall conflict with any collective
bargaining agreement into which a board has entered pursuant to Chapter 4117.
of the Revised Code and that is in effect in the district.
(B) NOTWITHSTANDING THE CONTENT OF THE CONTINGENCY
PLAN IT ADOPTS UNDER DIVISION (A) OF THIS
SECTION, IF A SCHOOL DISTRICT CLOSES OR EVACUATES ANY SCHOOL
BUILDING AS A RESULT OF A BOMB THREAT OR ANY OTHER REPORT OF AN ALLEGED OR
IMPENDING EXPLOSION, AND IF, AS A RESULT OF THE CLOSING OR EVACUATION, THE
SCHOOL DISTRICT WOULD BE UNABLE TO MEET THE REQUIREMENTS OF SECTIONS 3313.48,
3313.481, AND 3317.01 OF THE REVISED CODE REGARDING THE
NUMBER OF DAYS SCHOOLS MUST
BE OPEN FOR INSTRUCTION OR THE REQUIREMENTS OF THE STATE MINIMUM STANDARDS FOR
THE SCHOOL DAY THAT ARE ESTABLISHED BY THE DEPARTMENT OF EDUCATION REGARDING
THE NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY, THE SCHOOL DISTRICT MAY
INCREASE THE LENGTH OF ONE OR MORE OTHER SCHOOL DAYS FOR THE SCHOOL THAT WAS
CLOSED OR EVACUATED, IN INCREMENTS OF ONE-HALF HOUR, TO MAKE UP THE NUMBER OF
HOURS OR DAYS THAT THE SCHOOL BUILDING IN QUESTION WAS SO CLOSED OR EVACUATED
FOR THE PURPOSE OF SATISFYING THE REQUIREMENTS OF THOSE SECTIONS REGARDING THE
NUMBER OF DAYS SCHOOLS MUST BE OPEN FOR INSTRUCTION OR THE REQUIREMENTS OF
THOSE STANDARDS REGARDING THE NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY.
NOTWITHSTANDING THE PROVISIONS OF SECTIONS 3313.48, 3313.481, AND 3317.01 OF
THE REVISED CODE AND THE REQUIREMENTS OF THE STATE MINIMUM
STANDARDS FOR THE SCHOOL DAY THAT ARE ESTABLISHED BY THE DEPARTMENT OF
EDUCATION AND NOTWITHSTANDING THE CONTENT OF THE CONTINGENCY PLAN IT ADOPTS
UNDER DIVISION (A) OF THIS SECTION, A SCHOOL
DISTRICT THAT MAKES UP, AS DESCRIBED IN THIS DIVISION, ALL OF THE HOURS OR
DAYS
THAT ITS SCHOOL BUILDINGS WERE SO CLOSED OR EVACUATED SHALL BE DEEMED TO HAVE
COMPLIED WITH THE REQUIREMENTS OF THOSE SECTIONS REGARDING THE NUMBER OF DAYS
SCHOOLS MUST BE OPEN FOR INSTRUCTION AND THE REQUIREMENTS OF THOSE MINIMUM
STANDARDS REGARDING THE NUMBER OF HOURS THERE MUST BE IN THE SCHOOL DAY.
Section 2. That existing sections 2917.31 and 3313.482 of the Revised Code are
hereby repealed.
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