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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. 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-
WOMERBENJAMIN-DePIERO-CALLENDER-HAINES-CORBIN-SALERNO-
O'BRIEN-GRENDELL-BATEMAN-PERZ-METZGER-WINKLER-SUTTON-PERRY-
WILSON-FLANNERY-HOOPS-AMSTUTZ-LOGAN-CATES
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, 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.
(C) "EMERGENCY MEDICAL SERVICES PERSONNEL" HAS THE SAME
MEANING AS IN SECTION 2133.21 of the Revised Code.
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:
(1) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF
"EMERGENCY
MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 2133.21 of the Revised Code.
(2) "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.
(D) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF
"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 2133.21
of the Revised Code.
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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