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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 412 |
REPRESENTATIVES SALERNO-FORD-GOODMAN-D. MILLER-O'BRIEN-
PATTON-SCHURING-SULLIVAN-THOMAS-TIBERI-WOMER BENJAMIN-
WILLAMOWSKI-WILSON-ALLEN-OGG-ROBERTS-BENDER-DISTEL-VERICH-
REDFERN-TERWILLEGER-METZGER-HARRIS-BRITTON-CORBIN
A BILL
To amend sections 2151.141, 2903.13, 2903.21, 2903.211, and 2903.22 and to
enact section 2151.142 of the
Revised Code to increase the penalties for assaulting or
menacing personnel of public children services agencies and private child
placing agencies and to
declare their residential addresses to be
confidential information that is not
subject to disclosure by specified persons or obtainable
as a part of a public
record, except by journalists in specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.141, 2903.13, 2903.21, 2903.211, and 2903.22 be
amended and section
2151.142 of the Revised Code be enacted to read as follows:
Sec. 2151.141. (A) If a complaint filed with respect to a
child pursuant to section 2151.27 of the Revised Code alleges
that a child is an abused, neglected, or dependent child, any
individual or entity that is listed in divisions (D)(1)(a) to (k)
of section 2151.14 of the Revised Code and that is investigating
whether the child is an abused, neglected, or dependent child,
has custody of the child, is preparing a social history for the
child, or is providing any services for the child may request any
board of education, governing body of a chartered nonpublic
school, public children services agency, private child placing
agency, probation department, law enforcement agency, or
prosecuting attorney that has any records related to the child to
provide the individual or entity with a copy of the records. The
request shall be in writing, describe the type of records
requested, explain the need for the records, be accompanied by a
copy of the complaint, and describe the relationship of the
requesting individual or entity to the child. The individual or
entity shall provide a copy of the request to the child in
question, the attorney or guardian ad litem of the child, and the
parent, guardian, or custodian of the child.
(B)(1) Any board of education, governing body of a
chartered nonpublic school, public children services agency,
private child placing agency, probation department, law
enforcement agency, or prosecuting attorney that has any records
related to a child who is the subject of a complaint as described
in division (A) of this section and that receives a request for a
copy of the records pursuant to division (A) of this section
shall comply with the request, unless the individual or entity
determines that it is unable to do so because it is prohibited by
law from complying with the request, the request does not comply
with division (A) of this section, or a complaint as described in
division (A) of this section has not been filed with respect to
the child who is the subject of the requested records. If the
individual or entity determines that it is unable to comply with
the request, it shall file a motion with the court in which the
complaint as described in division (A) of this section was filed
or was alleged to have been filed requesting the court to
determine the extent to which it is required to comply with the
request for records. Upon the filing of the motion, the court
immediately shall hold a hearing on the motion, determine the
extent to which the movant is required to comply with the request
for records, and issue findings of fact and conclusions of law in
support of its determination. The determination of the court
shall be final. If the court determines that the movant is
required to comply with the request for records, it shall
identify the specific records that must be supplied to the
individual or entity that requested them.
(2) In addition to or in lieu of the motion described in
division (B)(1) of this section, a law enforcement agency or
prosecuting attorney that receives a request for a copy of
records pursuant to division (A) of this section may file a
motion for a protective order as described in this division with
the court in which the complaint as described in division (A) of
this section was filed or alleged to have been filed. Upon the
filing of such a motion OF THAT NATURE, the court shall conduct
a hearing on the
motion. If at the hearing the law enforcement agency or
prosecuting attorney demonstrates that any of the following
applies and if, after considering the purposes for which the
records were requested pursuant to division (A) of this section,
the best interest of the child, and any demonstrated need to
prevent specific information in the records from being disclosed,
the court determines that the issuance of a protective order is
necessary, then the court shall issue a protective order that
appropriately limits the disclosure of one or more specified
records or specified information in one or more specified
records:
(a) The records or information in the records relate to a
case in which the child is alleged to be a delinquent child or a
case in which a child is bound over for trial as an adult
pursuant to section 2151.26 of the Revised Code and Juvenile Rule
30, and the adjudication hearing in the case, the trial in the
case, or other disposition of the case has not been concluded.
(b) The records in question, or the records containing the
information in question, are confidential law enforcement
investigatory records, as defined in section 149.43 of the
Revised Code.
(c) The records or information in the records relate to a
case in which the child is or was alleged to be a delinquent
child or to a case in which a child is or was bound over for
trial as an adult pursuant to section 2151.26 of the Revised Code
and Juvenile Rule 30; another case is pending against any child
or any adult in which the child is alleged to be a delinquent
child, the child is so bound over for trial as an adult, or the
adult is alleged to be a criminal offender; the allegations in
the case to which the records or information relate and the
allegations in the other case are based on the same act or
transaction, are based on two or more connected transactions or
constitute parts of a common scheme or plan, or are part of a
course of criminal conduct; and the adjudication hearing in,
trial in, or other disposition of the other case has not been
concluded.
(C) If an individual or entity is required to provide
copies of records pursuant to this section, the individual or
entity may charge a fee for the copies that does not exceed the
cost of supplying them.
(D) This section shall not be construed to require,
authorize, or permit, and does not require, authorize, or permit,
the dissemination of any records or any information contained in
any records if the dissemination of the records or information
generally is prohibited by any provision SECTION 2151.142 OR ANOTHER
SECTION of the Revised Code and
a WAIVER AS DESCRIBED IN DIVISION (B)(1) OF SECTION 2151.142 of the Revised Code
OR A specific provision of the Revised Code does not specifically
authorize or permit the dissemination of the records or
information pursuant to this section.
Sec. 2151.142. (A) AS
USED IN THIS SECTION, "PUBLIC RECORD" AND "JOURNALIST" HAVE THE SAME MEANINGS
AS IN SECTION
149.43
OF THE REVISED
CODE.
(B) BOTH OF THE FOLLOWING APPLY TO
THE RESIDENTIAL ADDRESS OF EACH OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WHO PERFORMS OFFICIAL
RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14, 2151.141, 2151.33,
2151.353, 2151.412, 2151.413, 2151.414, 2151.415, 2151.416, 2151.417, OR
2151.421 OR ANOTHER SECTION OF THE REVISED
CODE AND TO THE RESIDENTIAL ADDRESS OF PERSONS
RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY:
(1) OTHER OFFICERS AND EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY,
PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY SHALL
CONSIDER THOSE RESIDENTIAL ADDRESSES TO BE CONFIDENTIAL INFORMATION. THE
OFFICER OR EMPLOYEE OF THE PUBLIC CHILDREN SERVICES AGENCY OR
PRIVATE CHILD PLACING AGENCY MAY WAIVE THE CONFIDENTIALITY OF THOSE
RESIDENTIAL
ADDRESSES BY GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO OTHER OFFICERS
OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING
AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY.
(2) TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE CONTAINED IN
PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD
PLACING
AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY, THEY SHALL NOT BE
CONSIDERED
TO BE INFORMATION THAT IS SUBJECT TO INSPECTION OR COPYING AS PART OF A PUBLIC
RECORD UNDER SECTION 149.43 OF THE REVISED
CODE.
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,
IN THE ABSENCE OF A WAIVER AS
DESCRIBED IN DIVISION (B)(1) OF THIS SECTION,
NO OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD
PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE
RESIDENTIAL ADDRESS OF AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES
AGENCY OR PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL ADDRESS OF A PERSON
RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY, THAT IS
CONFIDENTIAL INFORMATION UNDER DIVISION (B)(1)
OF THIS SECTION TO ANY PERSON, WHEN THE DISCLOSING OFFICER OR EMPLOYEE KNOWS
THAT THE PERSON IS OR MAY BE
A SUBJECT OF AN INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER
CASE,
OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE TO WHOM THE RESIDENTIAL
ADDRESS RELATES CURRENTLY IS OR HAS BEEN
ASSOCIATED.
(D) IF, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
JOURNALIST REQUESTS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING
AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY TO DISCLOSE
A RESIDENTIAL ADDRESS THAT IS CONFIDENTIAL INFORMATION UNDER
DIVISION (B)(1) OF THIS SECTION, THE AGENCY OR JUVENILE COURT
SHALL DISCLOSE TO THE JOURNALIST THE RESIDENTIAL ADDRESS IF ALL OF THE
FOLLOWING APPLY:
(1) THE REQUEST IS IN WRITING, IS SIGNED BY THE JOURNALIST,
INCLUDES THE JOURNALIST'S NAME AND TITLE, AND INCLUDES THE NAME AND ADDRESS OF
THE
JOURNALIST'S EMPLOYER.
(2) THE REQUEST STATES THAT DISCLOSURE OF THE RESIDENTIAL ADDRESS
WOULD BE IN THE PUBLIC INTEREST.
(3) THE REQUEST ADEQUATELY IDENTIFIES THE PERSON WHOSE
RESIDENTIAL ADDRESS IS REQUESTED.
(4) THE PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING
AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY RECEIVING THE REQUEST IS ONE OF
THE FOLLOWING:
(a) THE AGENCY OR JUVENILE COURT WITH WHICH THE OFFICIAL IN
QUESTION SERVES OR WITH WHICH THE EMPLOYEE IN QUESTION IS
EMPLOYED;
(b) THE AGENCY OR JUVENILE COURT THAT HAS CUSTODY OF THE RECORDS
OF THE AGENCY WITH WHICH THE OFFICIAL IN QUESTION SERVES OR WITH WHICH
THE EMPLOYEE IN QUESTION IS EMPLOYED.
Sec. 2903.13. (A) No person shall knowingly cause or
attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm
to another or to another's unborn.
(C) Whoever violates this section is guilty of assault.
Except as otherwise provided in division (C)(1), (2), or (3),
(4), OR (5) of
this section, assault is a
misdemeanor of the first degree.
(1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a
functionally impaired person under the caretaker's care, assault is
a felony
of the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.11 or 2903.16 of the
Revised Code, and if in relation to the previous conviction the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of the particular institution for business purposes or as a
visitor, and the offense is committed by a person incarcerated in
the state correctional institution, by a person institutionalized in
the department of youth services institution pursuant to a
commitment to the department of youth services, by a
probationer or parolee, by an offender under transitional
control, under
a community control sanction, or on an escorted visit, by a person under
post-release control,
or by an
offender under any other type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department or
is on the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged with or
convicted
of any crime, or subsequent to the person's being alleged to be or
adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of youth services who temporarily is outside of the institution
for any purpose, by a probationer or parolee,
by an offender under transitional control, under a
community control sanction, or on an escorted visit, by a person under
post-release control, or by an offender under any other type of supervision by
a government agency.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or delinquent
act, subsequent to the person being charged with or convicted of any
crime, or subsequent to the person being alleged to be or
adjudicated a
delinquent child and who temporarily is outside of the facility
for any purpose or by a probationer or parolee, by an offender under
transitional control, under a community
control sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by a government
agency.
(e) The victim of the offense is a school teacher or administrator or a
school bus operator, and the offense occurs in a school, on school premises,
in a school
building, on a school bus, or while the victim is outside of school premises
or a school bus and is engaged in duties or official
responsibilities
associated with the victim's employment or position
as a school teacher or
administrator or a school bus operator, including, but not limited to,
driving, accompanying, or chaperoning students at or on class or field trips,
athletic events, or other school extracurricular activities or functions
outside of school premises.
(3) If the victim of the offense is a peace officer, a
firefighter, or a person performing emergency
medical service,
while in the performance of their official duties, assault is a
felony of the fourth degree.
(4) If the victim of the offense is a peace officer and if the victim
suffered serious physical harm as a result of the commission of the offense,
assault is a felony of the fourth degree, and the court, pursuant to division
(F) of section 2929.13 of the Revised Code, shall
impose as a mandatory prison term one of the prison terms prescribed for a
felony of the fourth degree that is at least twelve months in duration.
(5) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE
RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE
OF OFFICIAL RESPONSIBILITIES OR DUTIES, ASSAULT IS EITHER A FELONY OF THE
FIFTH DEGREE
OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY
TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,
AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF
THE FOURTH DEGREE.
(D) As used in this section:
(a)(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(b)(2) "Firefighter" has the same meaning as in
section
3937.41 of the Revised Code.
(c)(3) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(d)(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, a minimum security
jail established under section 341.23 or 753.21 of
the Revised Code, or another county, multicounty, municipal,
municipal-county, or multicounty-municipal facility used for the
custody of persons arrested for any crime or delinquent act,
persons charged with or convicted of any crime, or persons
alleged to be or adjudicated a delinquent child.
(e)(5) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the local correctional facility and who operates or assists in
the operation of the facility.
(f)(6) "School teacher or administrator" means either of the
following:
(i)(a) A person who is employed in the public schools of the
state under a
contract described in section 3319.08 of the Revised Code in a position in
which the person is required to have a certificate issued pursuant to sections
3319.22 to 3319.311 of the Revised Code.
(ii)(b) A person who is employed by a nonpublic school for
which the state board
of education prescribes minimum standards under section 3301.07 of the Revised
Code and who is certificated in accordance with section 3301.071 of the
Revised Code.
(g)(7) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(h)(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(i)(9) "Post-release control" and "transitional control" have
the
same meanings as in section 2967.01 of the Revised Code.
Sec. 2903.21. (A) No person shall knowingly cause another to believe that
the offender will cause serious physical harm to the person or property of
such THE other person, such THE other person's
unborn, or a member of the other person's immediate family.
(B) Whoever violates this section is guilty of aggravated
menacing,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
AGGRAVATED MENACING IS a misdemeanor of the first degree. IF THE
VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE
RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE
OF OFFICIAL RESPONSIBILITIES OR DUTIES, AGGRAVATED MENACING IS A FELONY OF THE
FIFTH DEGREE
OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY
TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,
AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF
THE FOURTH DEGREE.
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.
(1) Except as otherwise provided in division DIVISIONS (B)(2)
AND (3) of this section, menacing by stalking is a misdemeanor
of the first degree.
(2) Menacing by stalking is a felony of the fourth degree if any of the
following applies:
(a) The offender previously has been convicted of or pleaded guilty to a
violation
of this section
or a violation of section 2911.211 of the Revised Code.
(b) In committing the offense, the offender made a threat of
physical harm to or against the victim.
(c) In committing the offense, the offender trespassed on
the land or premises where the victim lives, is employed, or attends
school.
(d) The victim of the offense is a minor.
(e) The offender has a history of violence toward the victim or
any other person or a history of other violent acts toward the victim or
any other person.
(f) While committing the offense, the offender had a deadly
weapon on or about the offender's person or under the offender's
control.
(g) At the time of the commission of the offense, the offender
was the subject of a protection order issued under section 2903.213 or
2903.214 of the Revised Code, regardless of whether the
person to be protected under the order is the victim of the offense or
another person.
(h) In committing the offense, the offender caused serious
physical harm to
the premises at which the victim resides, to the real property on which that
premises is located, or to any
personal property located on that premises.
(i) Prior to committing the offense, the offender has been determined to
represent
a substantial risk of physical harm to others as manifested by evidence of
then-recent homicidal or other violent behavior, evidence of then-recent
threats that placed another in reasonable fear of violent behavior and serious
physical harm, or other evidence of then-present dangerousness.
(3) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND THE
OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED
PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, MENACING BY STALKING IS
EITHER A FELONY OF THE FIFTH DEGREE
OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY
TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,
AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF
THE FOURTH DEGREE.
(C) Section 2919.271 of the Revised Code applies in relation to a defendant
charged with a violation of this section.
(D) 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, firefighter, rescuer, or emergency medical services person of any
authorized act within the public official's, firefighter's, rescuer's, or
emergency medical services person'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) "Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(4) "Public official" has the same meaning as in section 2921.01
of the Revised Code.
Sec. 2903.22. (A) No person shall knowingly cause another to believe that
the offender will cause physical harm to the person or property of such
THE other person, such THE other person's unborn, or a
member of
the other person's immediate family.
(B) Whoever violates this section is guilty of menacing,.
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MENACING IS a
misdemeanor of the fourth degree. IF THE VICTIM OF THE OFFENSE IS AN
OFFICER OR EMPLOYEE OF A PUBLIC
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE
RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE
OF OFFICIAL RESPONSIBILITIES OR DUTIES, MENACING IS A MISDEMEANOR OF THE FIRST
DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY
TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,
AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF
THE FOURTH DEGREE.
Section 2. That existing sections 2151.141, 2903.13, 2903.21, 2903.211, and
2903.22 of the Revised Code
are hereby repealed.
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