130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
H.B. No. 137

REPRESENTATIVES CAREY-THOMAS-TAYLOR-SULZER-SCHULER-TERWILLEGER- WILLAMOWSKI-BRADING-OGG-VAN VYVEN-PRINGLE-MEAD-EVANS- CLANCY-MOTTLEY-HOLLISTER-VESPER-OLMAN-HARRIS-PADGETT


A BILL
To amend sections 2903.211, 2909.04, 2917.11, 2917.13, and 2921.31 of the Revised Code to extend the offenses of disrupting public services and misconduct at an emergency to activities of emergency medical services personnel, to increase the penalties for misconduct at an emergency and obstructing official business if risk of physical harm is involved, to increase the penalty for disorderly conduct if committed in the presence of certain authorized persons performing duties at the scene of an emergency, and to specify that "pattern of conduct" in menacing by stalking includes actions obstructing a public official's performance of authorized acts.

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


Section 1. That sections 2903.211, 2909.04, 2917.11, 2917.13, and 2921.31 of the Revised Code be amended to read as follows:

Sec. 2903.211. (A) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.

(B) Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section involving the same person who is the victim of the current offense, menacing by stalking is a felony of the fifth degree.

(C) As used in this section:

(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. ACTIONS OR INCIDENTS THAT PREVENT, OBSTRUCT, OR DELAY THE PERFORMANCE BY A PUBLIC OFFICIAL OF ANY AUTHORIZED ACT WITHIN THE PUBLIC OFFICIAL'S OFFICIAL CAPACITY MAY CONSTITUTE A "PATTERN OF CONDUCT."

(2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.

(3) "PUBLIC OFFICIAL" HAS THE SAME MEANING AS IN SECTION 2921.01 of the Revised Code.

Sec. 2909.04. (A) No person, purposely by any means, or knowingly by damaging or tampering with any property, shall do any of the following:

(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service, or; police, fire, or other public service communications, or; radar, loran, radio, or other electronic aids to air or marine navigation or communications,; or amateur or citizens band radio communications being used for public service or emergency communications;

(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;

(3) Substantially impair the ability of law enforcement officers, firemen FIREFIGHTERS, or rescue personnel, OR EMERGENCY MEDICAL SERVICES PERSONNEL to respond to an emergency, or to protect and preserve any person or property from serious physical harm.

(B) Whoever violates this section is guilty of disrupting public services, a felony of the fourth degree.

Sec. 2917.11. (A) No person shall recklessly cause inconvenience, annoyance, or alarm to another, by doing any of the following:

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which such THAT conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

(B) No person, while voluntarily intoxicated, shall do either of the following:

(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;

(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.

(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.

(D) When to an ordinary observer IF a person appears TO AN ORDINARY OBSERVER to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.

(E)(1) Whoever violates this section is guilty of disorderly conduct. Except

(2) EXCEPT as otherwise provided in this division (E)(3) OF THIS SECTION, disorderly conduct is a minor misdemeanor. If the

(3) DISORDERLY CONDUCT IS A MISDEMEANOR OF THE FOURTH DEGREE IF ANY OF THE FOLLOWING APPLIES:

(a) THE offender persists in disorderly conduct after reasonable warning or request to desist or if the.

(b) THE offense is committed in the vicinity of a school, disorderly conduct is a misdemeanor of the fourth degree.

(c) THE OFFENSE IS COMMITTED IN THE PRESENCE OF ANY LAW ENFORCEMENT OFFICER, FIREFIGHTER, RESCUER, MEDICAL PERSON, EMERGENCY MEDICAL SERVICES PERSON, OR OTHER AUTHORIZED PERSON WHO IS ENGAGED IN THE PERSON'S DUTIES AT THE SCENE OF A FIRE, ACCIDENT, DISASTER, RIOT, OR EMERGENCY OF ANY KIND.

(F) As used in this section, "committed in the vicinity of a school" has the same meaning as in section 2925.01 of the Revised Code.

Sec. 2917.13. (A) No person shall knowingly DO ANY OF THE FOLLOWING:

(1) Hamper the lawful operations of any law enforcement officer, fireman FIREFIGHTER, rescuer, medical person, EMERGENCY MEDICAL SERVICES PERSON, or other authorized person, engaged in his THE PERSON'S duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;

(2) Fail to obey the lawful order of any law enforcement officer engaged in his THE LAW ENFORCEMENT OFFICER'S duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.

(B) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of his THE NEWS MEDIA REPRESENTATIVE'S duties.

(C) Whoever violates this section is guilty of misconduct at an emergency,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MISCONDUCT AT AN EMERGENCY IS a minor misdemeanor. If A violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the fourth FIRST degree.

Sec. 2921.31. (A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within his THE PUBLIC OFFICIAL'S official capacity, shall do any act which THAT hampers or impedes a public official in the performance of his THE PUBLIC OFFICIAL'S lawful duties.

(B) Whoever violates this section is guilty of obstructing official business,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, OBSTRUCTING OFFICIAL BUSINESS IS a misdemeanor of the second degree. IF A VIOLATION OF THIS SECTION CREATES A RISK OF PHYSICAL HARM TO ANY PERSON, OBSTRUCTING OFFICIAL BUSINESS IS A FELONY OF THE FIFTH DEGREE.


Section 2. That existing sections 2903.211, 2909.04, 2917.11, 2917.13, and 2921.31 of the Revised Code are hereby repealed.
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