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Am. H. B. No. 442As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Schuring, Cirelli, Otterman, Hoops, White, Patton, Allen, Strahorn, Webster, Fedor, Hartnett, R. Miller, Seitz, DeWine, Roman, Setzer, Schmidt, Lendrum, Rhine, Widowfield, Collier, Carano, Key, Womer Benjamin, Hughes, Seaver, Brown, Sulzer, Faber, Mason, Evans, Reidelbach, Kearns, Niehaus, Latell, Redfern, Calvert, D. Miller, Perry, Schneider, Boccieri, Clancy, Grendell, Flannery, Woodard, Sferra, DeBose, McGregor, Carmichael, Buehrer, Flowers, Barrett, S. Smith, Oakar, Reinhard, Distel, Callender, Schaffer, Hagan, Beatty, G. Smith, Britton, Coates
SENATOR Herington
A BILL
To amend section 2923.161 of the Revised Code to
prohibit, in specified
circumstances, the discharge
of a firearm within
1,000 feet of any school
building or of the
boundaries of any school
premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.161 of the Revised Code be
amended to read as follows:
Sec. 2923.161. (A) No person, without privilege to do so,
shall knowingly do
either
any of the following: (1) Discharge a firearm at or into an occupied
structure
that is a permanent or temporary habitation of any
individual; (2) Discharge a firearm at, in, or into a school safety
zone; (3) Discharge a firearm within one thousand feet of any
school building or of the boundaries of any school premises, with
the intent to do any of the following: (a) Cause physical harm to another who is in the school, in
the school building, or at a function or activity associated with
the school; (b) Cause panic or fear of physical harm to another who
is
in the school, in the school building, or at a function or
activity associated with the school; (c) Cause the evacuation of the school, the school building,
or a function or activity associated with the school. (B) This section does not apply to any officer, agent, or
employee of this or any other state or the United States, or to
any law enforcement officer, who discharges the firearm while
acting within the scope of the officer's, agent's, or employee's
duties. (C) Whoever violates this section is guilty of improperly
discharging a firearm at or into a habitation
or, in a school
safety
zone,
or with the intent to cause harm or panic to persons
in a school, in a school building, or
at a school function or the
evacuation of a school function, a
felony of the
second degree. (D) As used in this section, "occupied structure" has the
same meaning as in section 2909.01 of the Revised Code.
Section 2. That existing section 2923.161 of the Revised Code
is hereby repealed.
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