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(124th General Assembly)
(Substitute Senate Bill Number 184)
AN ACT
To amend sections 121.22, 2901.01, 2903.01, 2921.32,
2923.31,
2927.24, 2929.04, 2933.51, 2941.14,
3313.536, 4507.09, 5502.26, 5502.27, and 5502.271
and to
enact sections
149.433, 2152.201, 2909.21,
2909.22,
2909.23,
2909.24,
and 2909.25 of the
Revised Code
to create
the
offenses of terrorism,
soliciting or
providing
support for an act of
terrorism, and
making a
terroristic threat; to
expand certain
offenses and
laws relative to those
offenses; to
increase the
penalty for obstructing
justice
involving
terrorism; to expand and rename
contaminating a
substance for human consumption to
include
contamination with any hazardous chemical,
biological, or radioactive substance; to exempt
certain security-related information from the
Public Records Law; to revise the Open Meetings Law
provision regarding executive sessions to consider
security matters; to revise the Emergency
Management Law regarding all-hazards emergency
operations plans; and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.22, 2901.01, 2903.01, 2921.32,
2923.31,
2927.24, 2929.04, 2933.51, 2941.14, 3313.536, 4507.09,
5502.26, 5502.27, and 5502.271
be
amended and
sections
149.433,
2152.201, 2909.21, 2909.22,
2909.23, 2909.24,
and
2909.25 of the
Revised Code be enacted to
read as follows:
Sec. 121.22. (A) This section shall be liberally
construed
to require public officials to take official action and
to conduct
all deliberations upon official business only in open
meetings
unless the subject matter is specifically excepted by
law. (B) As used in this section: (1)
"Public body" means any of the following: (a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or
authority,
and any legislative authority or board, commission,
committee,
council, agency, authority, or similar
decision-making body of
any
county, township, municipal corporation, school district, or
other
political subdivision or local public institution; (b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section; (c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic,
municipal,
and public use when meeting
for the purpose of the
appointment, removal, or reappointment of a member of
the board of
directors of such a district pursuant to section 6115.10 of the
Revised Code, if
applicable, or for any other matter related to
such a district other than litigation involving the district. As
used in
division (B)(1)(c) of this section,
"court of
jurisdiction" has the same meaning as
"court" in section 6115.01
of the Revised Code. (2)
"Meeting" means any prearranged discussion of the
public
business of the public body by a majority of its members. (3)
"Regulated individual" means either of the following: (a) A student in a state or local public educational
institution; (b) A person who is, voluntarily or involuntarily, an
inmate, patient, or resident of a state or local institution
because of criminal behavior, mental illness or retardation,
disease, disability, age, or other condition requiring custodial
care.
(4) "Public office" has the same meaning as in section
149.011 of the Revised Code. (C) All meetings of any public body are declared to be
public meetings open to the public at all times. A member of a
public body shall be present in person at a meeting open to
the
public to be considered present or to vote at the meeting and for
purposes of determining whether a quorum is present at the
meeting. The minutes of a regular or special meeting of any
public
body shall be promptly prepared, filed, and maintained and
shall
be open to public inspection. The minutes need only
reflect the
general subject matter of discussions in executive
sessions
authorized under division (G) or (J) of this section. (D) This section does not apply to any of the following: (1) A grand jury; (2) An audit conference conducted by the auditor of state or
independent
certified public accountants with officials of the
public office
that is the subject of the audit; (3) The adult parole authority
when its hearings are
conducted at a correctional institution for
the sole purpose of
interviewing inmates to determine parole or
pardon; (4) The organized crime investigations commission
established under section 177.01 of the Revised Code; (5) Meetings of a child fatality review board established
under section
307.621 of the Revised Code and meetings conducted
pursuant to
sections 5153.171 to 5153.173
of the Revised Code; (6) The state medical board when determining whether to
suspend a
certificate without a prior hearing pursuant to division
(G) of
either section 4730.25 or 4731.22 of the Revised Code; (7) The board of nursing when
determining whether to suspend
a license or certificate without a prior
hearing
pursuant to
division (B) of section 4723.281 of the
Revised Code; (8) The state board of pharmacy when determining whether to
suspend a
license without a prior hearing pursuant to division (D)
of section
4729.16 of the Revised Code; (9) The state chiropractic board when determining whether to
suspend a
license without a hearing pursuant to section 4734.37 of
the Revised Code. (10) The executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code. (E) The controlling board, the development financing
advisory council, the industrial technology and enterprise
advisory council,
the tax credit authority, or the minority
development
financing advisory board, when meeting to consider
granting
assistance pursuant to Chapter 122. or 166. of the
Revised Code,
in order to protect the interest of the applicant or
the possible
investment of public funds, by unanimous vote of all
board,
council,
or authority members present, may close the
meeting
during
consideration of the following information
confidentially
received by the authority, council, or board from
the
applicant: (1) Marketing plans; (2) Specific business strategy; (3) Production techniques and trade secrets; (4) Financial projections; (5) Personal financial statements of the applicant or
members of the applicant's immediate family, including, but not
limited to,
tax records or other similar information not open to
public
inspection. The vote by the authority, council, or board to
accept
or
reject the application, as well as all proceedings of the
authority, council, or board not subject to this
division,
shall
be open to the public and governed by this section. (F) Every public body, by rule, shall establish a
reasonable
method whereby any person may determine the time and
place of all
regularly scheduled meetings and the time, place,
and purpose of
all special meetings. A public body shall not
hold a special
meeting unless it gives at least twenty-four
hours' advance notice
to the news media that have requested
notification, except in the
event of an emergency requiring
immediate official action. In the
event of an emergency, the
member or members calling the meeting
shall notify the news media
that have requested notification
immediately of the time, place,
and purpose of the meeting. The rule shall provide that any person, upon request
and
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person. (G) Except as provided in division (J) of this
section, the
members of a public body may hold an executive
session only after
a majority of a quorum of the public body
determines, by a roll
call vote, to hold an executive
session and only
at a regular or
special meeting for the sole purpose of the
consideration of any
of the following matters: (1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for
the elected official's removal from office.
If a public body holds
an executive
session pursuant to division
(G)(1) of this section, the motion
and vote to hold that executive
session shall state which one or
more of the approved purposes
listed in division (G)(1) of this
section are the purposes for
which the executive session is to be
held, but need not include
the name of any person to be
considered at the meeting. (2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal,
private interest is adverse to the general public interest. No
member of a public body shall use division (G)(2) of
this section
as a
subterfuge
for providing covert information to prospective
buyers or
sellers. A purchase or sale of public property is void
if the
seller or buyer of the public property has received covert
information from a member of a public body that has not been
disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers. If the minutes of the public body show that all meetings
and
deliberations of the public body have been conducted in
compliance
with this section, any instrument executed by the
public body
purporting to convey, lease, or otherwise dispose of
any right,
title, or interest in any public property shall be
conclusively
presumed to have been executed in compliance with
this section
insofar as title or other interest of any bona fide
purchasers,
lessees, or transferees of the property is concerned. (3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the
subject
of pending or imminent court action; (4) Preparing for, conducting, or reviewing negotiations
or
bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment; (5) Matters required to be kept confidential by federal
law
or regulations or state statutes; (6)
Specialized details of
Details relative to the security
arrangements
and emergency response protocols for a public body or
a public office, if
disclosure of the matters discussed
might
reveal information that could
reasonably be
used for the purpose
of committing, or avoiding
prosecution for, a violation of the law
expected to jeopardize the security of the public body or public
office; (7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, to consider trade
secrets, as
defined in section 1333.61 of the Revised Code. If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this
section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session. A public body specified in division (B)(1)(c) of
this section
shall not hold an executive session when meeting for the purposes
specified in that division. (H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting
that
results from deliberations in a meeting not open to the
public is
invalid unless the deliberations were for a purpose
specifically
authorized in division (G) or (J) of this section and
conducted at
an executive session held in compliance with this
section. A
resolution, rule, or formal action adopted in an open
meeting is
invalid if the public body that adopted the
resolution, rule, or
formal action violated division (F) of this
section. (I)(1) Any person may bring an action to enforce this
section. An action
under
division (I)(1) of this section shall
be
brought within two years after the date of the alleged
violation
or threatened violation. Upon proof of a violation or
threatened
violation of this section in an action brought by any
person, the
court of common pleas shall issue an injunction to
compel the
members of the public body to comply with its
provisions. (2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall
order
the public body that it enjoins to pay a civil forfeiture
of five
hundred dollars to the party that sought the injunction
and shall
award to that party all court costs and, subject to
reduction as
described in
division (I)(2) of this section, reasonable
attorney's
fees. The court, in its discretion, may reduce an
award of
attorney's fees to the party that sought the injunction
or not
award attorney's fees to that party if the court determines
both
of the following: (i) That, based on the ordinary application of statutory
law
and case law as it existed at the time of violation or
threatened
violation that was the basis of the injunction, a
well-informed
public body reasonably would believe that the
public body was not
violating or threatening to violate this
section; (ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies
the
authority that is asserted as permitting that conduct or
threatened conduct. (b) If the court of common pleas does not issue an
injunction pursuant to division (I)(1) of this section and the
court determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court. (3) Irreparable harm and prejudice to the party that
sought
the injunction shall be conclusively and irrebuttably
presumed
upon proof of a violation or threatened violation of
this section. (4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of
common
pleas for that purpose by the prosecuting attorney or the
attorney
general. (J)(1) Pursuant to division (C) of section 5901.09 of the
Revised Code,
a veterans service commission shall hold an
executive session for one or more
of the following purposes unless
an applicant requests a public
hearing: (a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code; (b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised
Code; (c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the
Revised Code. (2) A veterans service commission shall not exclude an
applicant for,
recipient of, or former recipient of financial
assistance under sections
5901.01 to 5901.15 of the Revised Code,
and
shall not exclude representatives selected by the
applicant,
recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial
assistance. (3) A veterans service commission shall vote on the grant or
denial of
financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open
meeting of the commission.
The
minutes of the meeting shall indicate the
name, address, and
occupation
of the applicant, whether the assistance was granted or
denied, the amount of
the assistance if assistance is granted, and
the votes for and against the
granting of assistance.
Sec. 149.433. (A) As used in this section: (1) "Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code. (2) "Infrastructure record" means any record that discloses
the configuration of a public office's critical systems including,
but not limited to, communication, computer, electrical,
mechanical, ventilation, water, and plumbing systems, security
codes, or the
infrastructure or structural configuration of the
building in
which a public office is located. "Infrastructure
record" does
not mean a simple floor plan that discloses only the
spatial
relationship of components of a public office or the
building in
which a public
office is located. (3) "Security record" means either of the following:
(a) Any record that contains information directly used for
protecting or maintaining the security of a public office against
attack, interference, or sabotage;
(b) Any record assembled, prepared, or maintained by a
public office or public body to prevent, mitigate, or respond to
acts of terrorism, including any of the following:
(i) Those portions of records containing specific and
unique vulnerability assessments or specific and unique response
plans either of which is intended to prevent or mitigate acts of
terrorism, and communication codes or deployment plans of law
enforcement or emergency response personnel;
(ii) Specific intelligence information and specific
investigative records shared by federal and international law
enforcement agencies with state and local law enforcement and
public safety agencies; (iii) National security records classified under federal
executive order and not subject to public disclosure under federal
law that are shared by federal agencies, and other records related
to national security briefings to assist state and local
government with domestic preparedness for acts of terrorism.
(B) A record kept by a public office that is a security
record or an infrastructure record is not a public record under
section 149.43 of the
Revised Code and is not subject to mandatory
release or disclosure under
that section. (C) Notwithstanding any other section of the Revised Code, a
public office's or a public employee's disclosure of a security
record or
infrastructure record that is necessary for
construction,
renovation, or remodeling work on any public
building or project
does not constitute public disclosure for
purposes of waiving
division (B) of this section and does not
result in that record
becoming a public record for purposes of
section 149.43 of the
Revised Code.
Sec. 2152.201. (A) In addition to any other dispositions
authorized or required by this chapter, the juvenile court making
disposition of a child adjudicated a delinquent child for
committing a violation of section 2909.22, 2909.23, or 2909.24 of
the Revised Code or a violation of section 2921.32 of the Revised
Code when the offense or act committed by the person aided or to
be aided as described in that section is an act of terrorism may
order the child to pay to the state, municipal, or county law
enforcement agencies that handled the investigation and
prosecution all of the costs that the state, municipal
corporation, or county reasonably incurred in the investigation
and prosecution of the violation. The court shall hold a hearing
to determine the amount of costs to be imposed under this section.
The court may hold the hearing as part of the dispositional
hearing for the child.
(B) If a child is adjudicated a delinquent child for
committing a violation of section 2909.23 or 2909.24 of the
Revised Code and if any political subdivision incurred any
response costs as a result of, or in making any response to, the
threat of the specified offense involved in the violation of
section 2909.23 of the Revised Code or the actual specified
offense involved in the
violation of section 2909.24 of the
Revised Code, in addition to
any other dispositions authorized or
required by this chapter, the
juvenile court making disposition of
the child for the violation
may order the child to reimburse the
involved political
subdivision for the response costs it so
incurred. (C) As used in this section, "response costs" and "act of
terrorism"
have the same meanings as in section 2909.21 of the
Revised Code.
Sec. 2901.01. (A) As used in the Revised Code: (1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing. (2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person. (3) "Physical harm to persons" means any injury, illness,
or
other physiological impairment, regardless of its gravity or
duration. (4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss
to its value or interferes with its use or enjoyment.
"Physical
harm to property" does not include wear and tear
occasioned by
normal use. (5) "Serious physical harm to persons" means any of the
following: (a) Any mental illness or condition of such gravity as
would
normally require hospitalization or prolonged psychiatric
treatment; (b) Any physical harm that carries a substantial risk of
death; (c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity; (d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement; (e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain. (6) "Serious physical harm to property" means any physical
harm to property that does either of the following: (a) Results in substantial loss to the value of the
property
or requires a substantial amount of time, effort, or
money to
repair or replace; (b) Temporarily prevents the use or enjoyment of the
property or substantially interferes with its use or enjoyment
for
an extended period of time. (7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that
certain circumstances may exist. (8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist. (9) "Offense of violence" means any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,
2909.02, 2909.03,
2909.24,
2911.01, 2911.02, 2911.11, 2917.01,
2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or
2923.161, of division (A)(1), (2), or
(3) of section 2911.12, or
of division (B)(1), (2), (3), or (4) of section
2919.22 of the
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; (b) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States,
substantially equivalent to any section, division, or
offense
listed in division (A)(9)(a) of this section; (c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other
state or the United States, committed purposely or
knowingly, and
involving physical harm to persons or a risk of
serious physical
harm to persons; (d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of
this section. (10)(a) "Property" means any property, real or
personal,
tangible or intangible, and any interest or license in
that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with
computers, other documents
associated with computers, or copies of
the documents, whether in
machine or human readable form, trade
secrets, trademarks,
copyrights, patents, and property protected
by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them. (b) As used in division (A)(10)
of this section, "trade
secret" has the same meaning as in section 1333.61
of the Revised
Code, and "telecommunications service" and
"information
service"
have the same
meanings as in section 2913.01 of the Revised Code. (c) As used in divisions (A)(10) and (13) of
this section,
"cable television service," "computer," "computer
software,"
"computer system," "computer network," "data,"
and
"telecommunications device" have the same
meanings as in section
2913.01 of the Revised Code. (11) "Law enforcement officer" means any of the following: (a) A sheriff, deputy sheriff, constable, police officer
of
a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or state highway patrol
trooper; (b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority; (c) A mayor, in the mayor's capacity as chief conservator of
the
peace within the mayor's municipal corporation; (d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within
the scope of the member's appointment or commission; (e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called; (f) A person appointed by a mayor pursuant to section
737.01
of the Revised Code as a special patrolling
officer during riot or
emergency, for the purposes and during the time when
the person is
appointed; (g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic
violence; (h) A prosecuting attorney, assistant prosecuting
attorney,
secret service officer, or municipal prosecutor; (i) An Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code; (j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the
Revised Code; (k) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code; (l) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms. (12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising
out of status, position, office, or relationship, or
growing out
of necessity. (13) "Contraband" means any property described in the
following categories: (a) Property that in and of itself is unlawful for a
person
to acquire or possess; (b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the
Revised Code; (c) Property that is specifically stated to be contraband
by
a section of the Revised Code or by an ordinance, regulation,
or
resolution; (d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property
described in division (D) of section 2913.34 of the Revised Code; (e) Any controlled substance, as defined in section
3719.01
of the Revised Code, or any device, paraphernalia, money
as
defined in section 1301.01 of the Revised Code, or other means
of
exchange that has been, is being, or is intended to be used in
an
attempt or conspiracy to violate, or in a violation of,
Chapter
2925. or 3719. of the Revised Code; (f) Any gambling device, paraphernalia, money as defined
in
section 1301.01 of the Revised Code, or other means of
exchange
that has been, is being, or is intended to be used in an
attempt
or conspiracy to violate, or in the violation of, Chapter
2915. of
the Revised Code; (g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco; (h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense; (i) Any property that is acquired through the sale or
other
transfer of contraband or through the proceeds of
contraband,
other than by a court or a law enforcement agency
acting within
the scope of its duties; (j) Any computer, computer system, computer network,
computer software, or other telecommunications device that is
used
in a conspiracy to commit, an
attempt to commit, or the commission
of any offense, if the
owner of the computer, computer system,
computer network, computer
software, or other telecommunications
device is convicted of or
pleads guilty to the offense in which it
is used; (k) Any property that is material support or resources and
that has been, is being, or is intended to be used in an attempt
or conspiracy to violate, or in the violation of, section 2909.22,
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of
the Revised Code when the offense or act committed by the person
aided or to be aided as described in that section is an act of
terrorism. As used in division (A)(13)(k) of this section,
"material support or
resources" and "act of terrorism" have the
same meanings as in
section 2909.21 of the Revised Code. (14) A person is "not guilty by reason of insanity"
relative
to a charge of an offense only if the person proves, in the
manner
specified in section 2901.05 of the Revised Code, that at
the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts. (B)(1)(a) Subject to division (B)(2) of this section,
as
used in any section contained in Title XXIX
of the Revised Code
that sets forth a criminal offense,
"person" includes all of the
following: (i) An individual, corporation, business trust, estate,
trust,
partnership, and association; (ii) An unborn human who is viable. (b) As used in any section contained in Title
XXIX of the
Revised Code that does not set forth a
criminal offense, "person"
includes an individual, corporation, business
trust, estate,
trust, partnership, and association. (c) As used in division (B)(1)(a) of this section: (i) "Unborn human" means an individual organism of the
species
Homo sapiens from fertilization until live birth. (ii) "Viable" means the stage of development of
a human
fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial
life-sustaining support. (2) Notwithstanding division (B)(1)(a) of this section, in
no case
shall the portion of the definition of the term "person"
that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the
Revised
Code that sets forth a criminal offense in any of the
following manners: (a) Except as otherwise provided in division (B)(2)(a) of
this section, in a
manner so that the offense prohibits or is
construed as
prohibiting any pregnant woman or her physician from
performing an abortion
with the consent of the pregnant woman,
with the consent of the pregnant
woman implied by law in a medical
emergency, or with the approval of one
otherwise authorized by law
to consent to medical treatment on behalf of the
pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code,
as applicable. An abortion that does not
violate the conditions
described in the second immediately
preceding sentence, but that does violate
section 2919.12,
division (B) of section 2919.13, or section 2919.151,
2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or
section
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if
it does not comply with section 2919.12 of the
Revised Code. (b) In a manner so that the offense is applied or
is
construed as applying to a woman based on an act or omission of
the woman
that occurs while she is or was pregnant and that
results in any of the
following: (i) Her delivery of a stillborn baby; (ii) Her causing, in any other manner, the death in
utero of
a viable, unborn human that she is carrying; (iii) Her causing the death of her child who is born
alive
but who dies from one or more injuries that are sustained while
the
child is a viable, unborn human; (iv) Her causing her child who is born alive to
sustain one
or more injuries while the child is a viable, unborn human; (v) Her causing, threatening to cause, or attempting
to
cause, in any other manner, an injury, illness, or other
physiological
impairment, regardless of its duration or gravity,
or a mental illness or
condition, regardless of its duration or
gravity, to a viable, unborn human
that she is carrying. (C) As used in Title XXIX of the Revised Code: (1) "School safety zone"
consists of a school, school
building, school premises, school
activity, and school bus. (2) "School," "school building," and "school premises" have
the same
meanings as in section 2925.01 of the Revised Code. (3) "School activity" means any activity held under the
auspices of a board of education of a city, local,
exempted
village, joint vocational, or cooperative education
school
district, a governing board of an educational service center,
or
the governing body of a school for which the
state board of
education prescribes minimum standards under
section 3301.07 of
the Revised
Code. (4) "School bus" has the same meaning as in section
4511.01
of the Revised
Code.
Sec. 2903.01. (A) No person shall purposely, and with
prior
calculation and design, cause the death of another or the unlawful
termination of another's pregnancy. (B) No person shall purposely cause the death of another or
the unlawful
termination of another's pregnancy
while committing
or attempting to commit, or while fleeing
immediately after
committing or attempting to commit, kidnapping,
rape, aggravated
arson
or, arson, aggravated robbery
or, robbery,
aggravated
burglary
or, burglary,
terrorism, or escape. (C) No person shall purposely cause the death of another who
is under
thirteen years of age at the time of the commission of
the offense. (D) No person who is
under detention as a result of having
been found guilty of or
having pleaded guilty to a felony or who
breaks that detention
shall purposely cause the death of another. (E) No person shall purposely cause the death of a
law
enforcement officer whom the offender knows or has
reasonable
cause to know is a law enforcement officer when
either of the
following applies: (1) The victim, at the time of the commission of the
offense, is engaged in the victim's duties. (2) It is the offender's specific purpose to kill a law
enforcement officer. (F) Whoever violates this section is guilty of aggravated
murder, and shall be punished as provided in section 2929.02 of
the Revised Code. (G) As used in this section: (1) "Detention" has the same meaning as in section
2921.01
of the Revised Code. (2) "Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised
Code.
Sec. 2909.21. As used in sections 2909.21 to 2909.25 of the
Revised Code:
(A) "Act of terrorism" means an act that is committed
within or outside the
territorial jurisdiction of this state or
the United States, that constitutes a specified offense if
committed in this state or constitutes an
offense in any
jurisdiction within or outside the territorial
jurisdiction of the
United States containing all of the essential
elements of a
specified offense, and that is intended to do one or more of
the
following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation
or coercion;
(3) Affect the conduct of any government by the act that
constitutes the offense.
(B) "Material support or resources" means currency, payment
instruments, other
financial securities, financial services,
lodging, training,
safehouses, false documentation or
identification, communications
equipment, facilities, weapons,
lethal substances, explosives,
personnel, transportation, and
other physical assets, except
medicine or religious materials.
(C) "Payment instrument" means a check, draft, money order,
traveler's check, cashier's check, teller's check, or other
instrument or order for the transmission or payment of money,
regardless of whether the item in question is negotiable. (D)
"Response costs" means all costs a political
subdivision
incurs as a result of, or in making any response to, a
threat of a
specified offense made as described in section 2909.23 of the
Revised Code
or a specified offense committed as described in
section 2909.24
of the Revised Code, including, but not limited
to, all costs so
incurred by any law enforcement officers,
firefighters, rescue
personnel, or emergency medical services
personnel of the
political subdivision and all costs so incurred
by the political
subdivision that relate to laboratory testing or
hazardous
material cleanup. (E) "Specified offense" means any of the following:
(1) A felony offense of
violence, a violation of section
2909.04 or 2927.24 of the
Revised Code, or a felony of the first
degree that is not a violation of any provision in Chapter 2925.
or 3719. of the Revised Code;
(2) An attempt to commit, complicity in committing, or a
conspiracy to commit an offense listed in division (E)(1) of this
section.
Sec. 2909.22. (A) No person shall raise, solicit, collect,
donate, or
provide any
material support or resources, with purpose
that the material
support or resources will be used in
whole or in
part to plan,
prepare, carry out, or aid in either an
act of
terrorism or the
concealment of, or an escape from, an act
of
terrorism.
(B) Whoever violates this section is guilty of soliciting
or providing support for an act of terrorism, a felony of the
third
degree. Section 2909.25 of the Revised Code applies
regarding an offender who is convicted of or pleads guilty to a
violation of this section.
(C) A prosecution for a violation of this section does not
preclude a prosecution for a violation of any other section of the
Revised Code. One or more acts, a series of acts, or a course of
behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section,
the other section, or both sections.
Sec. 2909.23. (A) No person shall threaten to commit or
threaten to cause to be committed a
specified offense when both of
the following apply:
(1) The person makes the threat with purpose to do any of
the following: (a) Intimidate or coerce a civilian population; (b) Influence the policy of any government by intimidation or
coercion; (c) Affect the conduct of any government by the threat or by
the specified offense.
(2) As a result of the threat, the person causes a
reasonable expectation or fear of the imminent commission of the
specified offense.
(B) It is not a defense to a charge of a violation of this
section that the defendant did not have the intent or capability
to commit the threatened specified offense or that the threat was
not
made to a person who was a subject of the threatened
specified
offense.
(C) Whoever violates this section is guilty of making a
terroristic threat, a felony of the third degree. Section 2909.25
of the Revised Code applies regarding an offender who is convicted
of or pleads guilty to a violation of this section.
Sec. 2909.24. (A) No person shall commit a specified offense
with purpose to do any of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation
or coercion;
(3) Affect the conduct of any government by the specified
offense.
(B)(1) Whoever violates this section is guilty of
terrorism.
(2) Except as otherwise provided in divisions (B)(3) and
(4) of this section, terrorism is an offense one degree higher
than the most serious underlying specified offense the defendant
committed.
(3) If the most serious underlying specified offense the
defendant committed is a felony of the first degree or murder, the
person shall be sentenced to life imprisonment without parole.
(4) If the most serious underlying specified offense the
defendant committed is aggravated murder, the offender shall be
sentenced to life imprisonment without parole or death pursuant to
sections 2929.02 to 2929.06 of the Revised Code. (5) Section 2909.25 of the Revised Code applies regarding an
offender who is convicted of or pleads guilty to a violation of
this section.
Sec. 2909.25. (A) In addition to the financial sanctions
authorized under section 2929.18 of the Revised Code, the court
imposing sentence upon an offender who is convicted of or pleads
guilty to a violation of section 2909.22, 2909.23, or 2909.24 of
the Revised Code or to a violation of section 2921.32 of the
Revised Code when the offense or act committed by the person aided
or to be aided as described in that section is an act of terrorism
may order the offender to pay to the state, municipal, or county
law enforcement agencies that handled the investigation and
prosecution all of the costs that the state, municipal
corporation, or county reasonably incurred in the investigation
and prosecution of the violation. The court shall hold a hearing
to determine the amount of costs to be imposed under this section.
The court may hold the hearing as part of the sentencing hearing
for the offender. (B) If a person is convicted of or pleads guilty to a
violation of section 2909.23 or 2909.24 of the Revised Code and if
any political subdivision incurred any response costs as a result
of, or in making any response to, the threat of the specified
offense involved in the violation of section 2909.23 of the
Revised Code or the actual
specified offense involved in the
violation of section 2909.24 of
the Revised Code, in addition to
the financial sanctions
authorized under section 2929.18 of the
Revised Code, the court
imposing sentence upon the offender for
the violation may order
the offender to reimburse the involved
political subdivision for
the response costs it so incurred.
Sec. 2921.32. (A) No person, with purpose to hinder the
discovery, apprehension, prosecution, conviction, or punishment
of
another for crime or to assist another to benefit from the
commission of a crime, and no person, with purpose to hinder the
discovery, apprehension, prosecution, adjudication as a delinquent
child, or
disposition of a child for an act that if committed by
an adult would be a
crime or to assist a child to benefit from the
commission of an act that if
committed by an adult would be a
crime, shall do any of the following: (1) Harbor or conceal the other person or child; (2) Provide the other person or child with money,
transportation,
a weapon, a disguise, or other means of avoiding
discovery or
apprehension; (3) Warn the other person or child of impending discovery or
apprehension; (4) Destroy or conceal physical evidence of the crime or
act, or
induce any person to withhold testimony or information or
to
elude legal process summoning the person to testify or supply
evidence; (5) Communicate false information to any person; (6) Prevent or obstruct any person, by means of force,
intimidation, or deception, from performing any act to aid in the
discovery, apprehension, or prosecution of the other person or
child. (B)
A person may be prosecuted for, and may be convicted of
or
adjudicated a delinquent child for committing, a violation of
division (A) of this section regardless of whether the person or
child aided ultimately is apprehended for, is charged with, is
convicted of, pleads guilty to, or is adjudicated a delinquent
child for committing the crime or act the person or child aided
committed. The crime or act the person or child aided committed
shall be used under division (C) of this section in determining
the penalty for the violation of division (A) of this section,
regardless of whether the person or child aided ultimately is
apprehended for, is charged with, is convicted of, pleads guilty
to, or is adjudicated a delinquent child for committing the crime
or act the person or child aided committed. (C)(1) Whoever violates this section is guilty of
obstructing justice.
(2) If the crime committed by the person aided is a
misdemeanor or if the act committed by the child aided would be a
misdemeanor if committed by an adult, obstructing justice is a
misdemeanor
of the same degree as the
crime committed by the
person aided or a misdemeanor of the same degree
that the act
committed by the child aided would be if committed by an
adult. (3) Except as otherwise provided in
division (B)
divisions
(C)(4)
and (5) of this
section, if the crime committed by the
person aided is a
felony or if the act committed by the child
aided would be a felony if
committed by an adult, obstructing
justice
is a felony of the fifth degree. (4) If the crime committed by the person aided is aggravated
murder, murder,
or a felony of the first or second degree or if
the act committed by the
child aided would be one of those
offenses if committed by an adult and
if the offender knows or has
reason to believe that the crime committed by the person aided is
one of those
offenses or that the act committed by the child aided
would be one of
those offenses if committed by an adult,
obstructing justice is a felony
of the third degree.
(C)(5) If the crime or act committed by the person or child
aided is an act of terrorism, obstructing justice is one of the
following:
(a) Except as provided in division (C)(5)(b) of this section,
a felony of the second degree; (b) If the act of terrorism resulted in the death of a person
who was not a participant in the act of terrorism, a felony of the
first degree. (D) As used in this section: (1) "Adult" and "child" have the same meanings as in section
2151.011
of the Revised Code. (2) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(3) "Act of terrorism" has the same meaning as in section
2909.21 of
the Revised Code.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of
the
Revised Code: (A) "Beneficial interest" means any of the following: (1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property; (2) The interest of a person as a beneficiary under any
other trust arrangement under which any other person holds title
to personal or real property for the benefit of such person; (3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person. "Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership. (B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel. (C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well as licit enterprises. (D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2923.32 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section. (E) "Pattern of corrupt activity" means two or more
incidents of corrupt activity, whether or not there has been a
prior conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event. At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated murder or murder, the last of the incidents forming
the
pattern shall occur within six years after the commission of
any
prior incident forming the pattern, excluding any period of
imprisonment served by any person engaging in the corrupt
activity. For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state. (F) "Pecuniary value" means money, a negotiable
instrument,
a commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars. (G) "Person" means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity. (H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located. (I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following: (1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; (2) Conduct constituting any of the following: (a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05, 2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division (F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2) of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of section 1707.44; division
(A)(1) or (2) of
section 2923.20; division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or 4719.06; division (C), (D), or
(E) of section
4719.07; section 4719.08; or division (A) of section 4719.09 of
the Revised Code. (b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date. (c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five hundred dollars, or any combination of violations described
in
division (I)(2)(c) of this section when the total proceeds of
the combination
of violations, payments made in the combination of
violations,
amount of the claims for payment or for other benefits
that is
false or deceptive and that is involved in the combination
of
violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars; (d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars; (e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five hundred dollars; (f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five hundred
dollars. (3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state. (J) "Real property" means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located. (K) "Trustee" means any of the following: (1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property; (2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest; (3) Any successor trustee. "Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court. (L) "Unlawful debt" means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.
Sec. 2927.24. (A) As used in this section: (1) "Poison" has the same meaning as in section 3719.01 of
the Revised Code. (2) "Drug" has the same meaning as in section
4729.01 of the
Revised Code.
(3) "Hazardous chemical, biological, or radioactive
substance" means any of the following:
(a) Any toxic or poisonous chemical, the precursor of any
toxic or poisonous chemical, or any toxin;
(b) Any disease organism or biological agent;
(c) Any substance or item that releases or is designed to
release radiation or radioactivity at a level dangerous to human
life.
(4) "Biological agent" means any microorganism, virus,
infectious substance, or biological product that may be engineered
through biotechnology, or any naturally occurring or bioengineered
component of any microorganism, virus, infectious substance, or
biological product that may be engineered through biotechnology,
capable of causing death, disease, or other biological malfunction
in a human, an animal, a plant, or another living organism,
deterioration of food, water, equipment, supplies, or material of
any kind, or deleterious alteration of the environment.
(5) "Toxin" means the toxic material of plants, animals,
microorganisms, viruses, fungi, or infectious substances, or a
recombinant molecule, whatever its origin or method of
reproduction, including, but not limited to, any poisonous
substance or biological product that may be engineered through
biotechnology or produced by a living organism and any poisonous
isomer or biological product, homolog, or derivative of any
substance or product of that nature. (B) Except as provided in division (D) of this section, no
person shall
knowingly
do any of the following: (1) Knowingly mingle a poison, hazardous chemical,
biological, or radioactive substance, or other harmful substance
with a food, drink, nonprescription drug, prescription drug, or
pharmaceutical product, or knowingly place a poison, hazardous
chemical, biological, or radioactive substance, or other
harmful
substance in a spring, well, reservoir, or public water
supply, if
the person knows or has reason to know that the food,
drink,
nonprescription drug, prescription drug, pharmaceutical
product,
or water may be ingested or used by another person. For
purposes
of this division, a person does not know or have reason
to know
that water may be ingested or used by another person if
it is
disposed of as waste into a household drain including the
drain of
a toilet, sink, tub, or floor.
(2) Knowingly release into the air, knowingly leave in any
public place, or knowingly expose one or more persons to any
hazardous chemical, biological, or radioactive substance with the
intent to cause, or create a risk of, death or serious physical
harm to any person. (C) No person shall
inform
do any of the following: (1) Inform another person that a poison, hazardous chemical,
biological, or radioactive substance, or
other harmful substance
has been or will be placed in a food,
drink, nonprescription drug,
prescription drug, or other
pharmaceutical product, spring, well,
reservoir, or public water
supply, if the placement of the poison
or
other harmful substance
would be a violation of division (B)(1)
of this section, and the
person knows both that the information is
false and that the
information likely will be disseminated to the
public.
(2) Inform another person that a hazardous chemical,
biological, or radioactive substance has been or will be released
into the air or left in a public place, or that one or more
persons has been or will be exposed to a hazardous chemical,
biological, or radioactive substance, if the release, leaving, or
exposure of the hazardous chemical, biological, or radioactive
substance would be a violation of division (B)(2) of this section,
and the person knows both that the information is false and that
the information likely will be disseminated to the general public. (D)(1) A person may mingle a drug with a food or drink for
the purpose of
causing the drug to be ingested or used in the
quantity described by its
labeling or prescription. (2) A person may place a poison or other harmful substance
in a spring, well,
reservoir, or public water supply in such
quantity as is necessary to treat
the spring, well, reservoir, or
water supply to make it safe for human
consumption and use. (3) The provisions of division
(A)(B) of this section shall
not be applied in a manner that conflicts with any other state or
federal law or rule relating to substances permitted to be
applied
to or present in any food, raw or processed, any milk or
milk
product, any meat or meat product, any type of crop, water,
or
alcoholic or nonalcoholic beverage. (E)(1) Whoever violates division (B)(1) or (2) of this
section is
guilty of contaminating a substance for human
consumption or
use
or contamination with a hazardous chemical,
biological, or radioactive substance. Except as otherwise
provided in this division,
contaminating a substance for human
consumption or use
or contamination with a hazardous chemical,
biological, or radioactive substance is
a felony of the first
degree. If the offense involved an amount
of poison, the
hazardous chemical, biological, or radioactive substance, or
the
other harmful substance sufficient to cause death if
ingested or
used by a person
regarding a violation of division (B)(1) of this
section or sufficient to cause death to persons who are exposed to
it regarding a violation of division (B)(2) of this section or if
the offense resulted in
serious physical harm to another person,
whoever violates
division (B)(1) or (2) of this section shall be
imprisoned for life with parole
eligibility after serving fifteen
years of imprisonment. (2) Whoever violates division (C)(1) or (2) of this section
is
guilty of spreading a false report of contamination, a felony
of the fourth
degree.
(F) Divisions (C)(1) and (2) of this section do not limit or
affect the application of sections 2917.31 or 2917.32 of the
Revised Code. Any act that is a violation of both division (C)(1)
or (2) of this section and of section 2917.31 or 2917.32 of the
Revised Code may be prosecuted under this section, section 2917.31
or 2917.32 of the Revised Code, or both this section and section
2917.31 or 2917.32 of the Revised Code.
Sec. 2929.04. (A) Imposition of the death penalty for
aggravated murder is precluded unless one or more of the
following
is specified in the indictment or count in the
indictment pursuant
to section 2941.14 of the Revised Code and
proved beyond a
reasonable doubt: (1) The offense was the assassination of the president of
the United States or a person in line of succession to the
presidency, the governor or lieutenant governor of this
state, the
president-elect or vice president-elect of the
United States, the
governor-elect or lieutenant
governor-elect of this state, or a
candidate for any of the
offices described in this division. For
purposes of this division, a person
is a
candidate if the person
has been nominated for election
according to law, if the person
has filed a petition or
petitions according to law to have the
person's name placed
on the ballot in a primary or general
election, or if the
person campaigns as a write-in candidate in a
primary or general election. (2) The offense was committed for hire. (3) The offense was committed for the purpose of escaping
detection, apprehension, trial, or punishment for another offense
committed by the offender. (4) The offense was committed while the offender was
under
detention or while the
offender was at large after having broken
detention. As used
in division (A)(4)
of this section,
"detention" has the same meaning as
in section 2921.01 of
the
Revised Code,
except that detention does not include
hospitalization,
institutionalization, or confinement in a mental
health facility
or mental retardation and developmentally disabled
facility
unless at the time of the commission of the offense
either of
the following circumstances apply: (a) The offender was in the facility as a result
of being
charged with a violation of a section of the
Revised Code. (b) The offender was under detention as a result
of being
convicted of or pleading guilty to a violation of a
section of the
Revised
Code. (5) Prior to the offense at bar, the offender was
convicted
of an offense an essential element of which was the
purposeful
killing of or attempt to kill another, or the offense
at bar was
part of a course of conduct involving the purposeful
killing of or
attempt to kill two or more persons by the
offender. (6) The victim of the offense was a law enforcement officer,
as
defined in section 2911.01 of the Revised Code, whom the
offender
had reasonable cause to know or knew to be a law
enforcement officer as so
defined, and either the
victim, at the
time of the commission of the offense, was engaged
in the victim's
duties, or it was the offender's specific
purpose to kill a law
enforcement officer as so defined. (7) The offense was committed while the offender was
committing, attempting to commit, or fleeing immediately after
committing or attempting to commit kidnapping, rape, aggravated
arson, aggravated robbery,
or aggravated burglary,
and either the
offender was the principal offender in the
commission of the
aggravated murder or, if not the principal
offender, committed
the
aggravated murder with prior calculation
and design. (8) The victim of the aggravated murder was a witness to
an
offense who was purposely killed to prevent the victim's
testimony
in any criminal proceeding and the aggravated murder was not
committed during the commission, attempted commission, or flight
immediately after the commission or attempted commission of the
offense to which the victim was a witness, or the victim of the
aggravated murder was a witness to an offense and was purposely
killed in retaliation for the victim's testimony in any
criminal
proceeding. (9) The offender, in the commission of the offense,
purposefully
caused the death of another who was under thirteen
years
of age at the time of the commission of the offense, and
either the offender
was the principal offender in the commission
of the offense or, if
not the principal offender, committed the
offense with prior
calculation and design.
(10) The offense was committed while the offender was
committing,
attempting to commit, or fleeing immediately after
committing or
attempting to commit terrorism. (B) If one or more of the aggravating circumstances listed
in division (A) of this section is specified in the indictment or
count in the indictment and proved beyond a reasonable doubt, and
if the offender did not raise the matter of age pursuant to
section 2929.023 of the Revised Code or if the offender, after
raising the matter of age, was found at trial to have been
eighteen years of age or older at the time of the commission of
the offense, the court, trial jury, or panel of three judges
shall
consider, and weigh against the aggravating circumstances
proved
beyond a reasonable doubt, the nature and circumstances of
the
offense, the history, character, and background of the
offender,
and all of the following factors: (1) Whether the victim of the offense induced or
facilitated
it; (2) Whether it is unlikely that the offense would have
been
committed, but for the fact that the offender was under
duress,
coercion, or strong provocation; (3) Whether, at the time of committing the offense, the
offender, because of a mental disease or defect, lacked
substantial capacity to appreciate the criminality of the
offender's conduct or to conform the offender's conduct
to the
requirements of the law; (4) The youth of the offender; (5) The offender's lack of a significant history of prior
criminal convictions and delinquency adjudications; (6) If the offender was a participant in the offense but
not
the principal offender, the degree of the offender's
participation
in the offense and the degree of the offender's
participation in
the acts that led to the death of the victim; (7) Any other factors that are relevant to the issue of
whether the offender should be sentenced to death. (C) The defendant shall be given great latitude in the
presentation of evidence of the factors listed in division (B) of
this section and of any other factors in mitigation of the
imposition of the sentence of death. The existence of any of the mitigating factors listed in
division (B) of this section does not preclude the imposition of
a
sentence of death on the offender but shall be weighed
pursuant to
divisions (D)(2) and (3) of section 2929.03 of the
Revised Code by
the trial court, trial jury, or the panel of
three judges against
the aggravating circumstances the offender
was found guilty of
committing.
Sec. 2933.51. As used in sections 2933.51 to
2933.66 of the
Revised Code: (A) "Wire communication" means an aural transfer that is
made in whole or in part through the use of facilities for the
transmission of communications by the aid of wires or similar
methods of connecting the point of origin of the communication
and
the point of reception of the communication, including the use
of
a method of connecting the point of origin and the point of
reception of
the communication in a switching station, if the
facilities are furnished or
operated by a person engaged in
providing or operating the facilities for the
transmission of
communications. "Wire communication" includes an electronic
storage of a wire communication. (B) "Oral communication" means an oral
communication uttered
by a person exhibiting an expectation that the
communication is
not subject to interception under circumstances justifying
that
expectation. "Oral communication" does not include an electronic
communication. (C) "Intercept" means the aural or other acquisition of the
contents of any wire, oral, or electronic
communication through
the use of an interception device. (D) "Interception device" means an electronic,
mechanical,
or other device or apparatus that can be used to
intercept a wire,
oral, or electronic communication. "Interception device"
does not
mean any of the following: (1) A telephone or telegraph instrument, equipment, or
facility, or any of its components, if the instrument, equipment,
facility, or component is any of the following: (a) Furnished to the subscriber or user by a
provider of
wire or electronic
communication service in the ordinary course of
its
business and being used by the subscriber or user in the
ordinary course of
its business; (b) Furnished by a subscriber or
user for connection to the
facilities of a
provider of wire or electronic communication
service and used in the
ordinary
course of that subscriber's or
user's business; (c) Being used by a provider of wire
or electronic
communication service in the
ordinary course of its business or by
an
investigative or law enforcement officer in the ordinary course
of the
officer's duties that do not involve the interception of
wire, oral, or
electronic communications. (2) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal. (E) "Investigative officer" means any of the following: (1) An officer of this state or a political
subdivision of
this state, who is empowered by law to conduct
investigations or
to make arrests for a designated offense; (2) A person described in divisions (A)(11)(a) and (b) of
section 2901.01 of the Revised Code; (3) An attorney authorized by law to prosecute or
participate in the prosecution of a designated offense; (4) A secret service officer appointed pursuant to
section
309.07 of the Revised Code; (5) An officer of the United States, a state, or a
political
subdivision of a state who is authorized to conduct investigations
pursuant to the "Electronic Communications Privacy
Act of 1986,"
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended. (F) "Interception warrant" means a court order that
authorizes the interception of wire, oral, or
electronic
communications and
that is issued pursuant to sections 2933.53 to
2933.56 of the
Revised Code. (G) "Contents," when used with respect to a wire,
oral, or
electronic communication, includes any
information concerning the
substance, purport, or meaning of the communication. (H) "Communications common carrier" means a person who
is
engaged as a common carrier for hire in intrastate,
interstate, or
foreign communications by wire, radio, or radio
transmission of
energy. "Communications common carrier" does not
include, to the
extent that the person is engaged in radio
broadcasting, a person
engaged in radio broadcasting. (I) "Designated offense" means any of the following: (1) A felony violation of section 1315.53, 1315.55, 2903.01,
2903.02,
2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,
2907.21, 2907.22,
2909.02, 2909.03, 2909.04,
2909.22, 2909.23,
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02,
2913.04,
2913.42, 2913.51, 2915.02, 2915.03, 2917.01, 2917.02,
2921.02,
2921.03,
2921.04, 2921.32, 2921.34, 2923.20, 2923.32,
2925.03,
2925.04, 2925.05, or 2925.06 or
of division (B) of
section 2915.05
of the Revised Code; (2) A violation of section 2919.23 of the Revised Code that,
had it occurred
prior to July
1, 1996, would have been a
violation
of section 2905.04 of the Revised Code as it existed prior to that
date; (3) A felony violation of section 2925.11 of the Revised
Code that is not a
minor drug possession offense, as defined in
section 2925.01
of the Revised Code; (4) Complicity in the commission of a felony violation
of a
section listed in division (I)(1), (2), or (3) of this section; (5) An attempt to commit, or conspiracy
in the commission
of, a felony violation of a section listed
in division (I)(1),
(2), or (3) of this section, if the attempt or conspiracy
is
punishable by a
term of imprisonment of more than one year. (J) "Aggrieved person" means a person who was a party to
an
intercepted wire, oral, or
electronic communication or a person
against
whom the interception of the communication was directed. (K) "Person" means a person, as defined in section 1.59 of
the Revised
Code, or a governmental officer, employee, or entity. (L) "Special need" means a showing that a licensed
physician, licensed practicing psychologist, attorney, practicing
cleric, journalist, or either spouse is personally
engaging in
continuing criminal activity, was engaged in continuing criminal
activity over a period of time, or is committing, has committed,
or is about to commit, a designated offense, or a showing that
specified public facilities are being regularly used by someone
who is personally engaging in continuing criminal activity, was
engaged in continuing criminal activity over a period of time, or
is committing, has committed, or is about to commit, a designated
offense. (M) "Journalist" means a person engaged in, connected
with,
or employed by, any news media, including a newspaper,
magazine,
press
association, news agency, or wire service,
a radio or
television station, or a similar media, for the purpose of
gathering, processing, transmitting, compiling,
editing, or
disseminating news for the general public. (N) "Electronic communication" means
a transfer of a sign,
signal, writing, image, sound, datum,
or intelligence of any
nature that is transmitted in whole or in
part by a wire, radio,
electromagnetic, photoelectronic, or
photo-optical system.
"Electronic communication" does
not mean any of the following: (1) A wire or oral communication; (2) A communication made through a tone-only paging
device; (3) A communication from an electronic or mechanical
tracking device that permits the tracking of the movement of a
person or object. (O) "User" means a person or entity
that uses an electronic
communication service and is duly
authorized by the provider of
the service to engage in the use of the
electronic communication
service. (P) "Electronic communications
system" means a wire, radio,
electromagnetic,
photoelectronic, or photo-optical facility for
the transmission
of electronic communications, and a computer
facility or
related electronic equipment for the electronic
storage of electronic
communications. (Q) "Electronic communication
service" means a service that
provides to users of the
service the ability to send or receive
wire or electronic
communications. (R) "Readily accessible to the general
public" means, with
respect to a radio communication, that
the communication is none
of the following: (1) Scrambled or encrypted; (2) Transmitted using a modulation technique, the
essential
parameters of which have been withheld from the public
with the
intention of preserving the privacy of the
communication; (3) Carried on a subcarrier or other signal subsidiary
to a
radio transmission; (4) Transmitted over a communications system provided
by a
communications common carrier, unless the communication is a
tone-only paging system communication; (5) Transmitted on a frequency allocated under part
25,
subpart D, E, or F of part 74, or
part 94 of the Rules of the
Federal
Communications Commission, as those provisions
existed on
July
1, 1996, unless, in the
case of a communication transmitted
on a frequency allocated
under part 74 that is not exclusively
allocated to broadcast
auxiliary services, the communication is a
two-way voice
communication by radio. (S) "Electronic storage" means a
temporary, intermediate
storage of a wire or electronic
communication that is incidental
to the electronic transmission
of the communication, and a storage
of a wire or electronic communication
by an electronic
communication service for the purpose of backup
protection of the
communication. (T) "Aural transfer" means a
transfer containing the human
voice at a point between and
including the point of origin and the
point of reception. (U) "Pen register" means a device that records or decodes
electronic impulses that identify the numbers dialed, pulsed, or
otherwise
transmitted on telephone lines to which the device is
attached. (V) "Trap and trace device" means a device that captures the
incoming electronic or other impulses that identify the
originating number of
an instrument or device from which a wire
communication or electronic communication was transmitted but that
does not
intercept the contents of the wire communication or
electronic
communication. (W) "Judge of a court of common pleas" means a judge of that
court who is elected or appointed as a judge of general
jurisdiction or as a
judge who exercises both general jurisdiction
and probate, domestic relations,
or juvenile jurisdiction. "Judge
of a court of common pleas" does not mean a
judge of that court
who is elected or appointed specifically as a probate,
domestic
relations, or juvenile judge.
Sec. 2941.14. (A) In an indictment for aggravated murder,
murder, or voluntary or involuntary manslaughter, the manner in
which, or the means by which the death was caused need not be set
forth. (B) Imposition of the death penalty for aggravated murder
is
precluded unless the indictment or count in the indictment
charging the offense specifies one or more of the aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code. If more than one aggravating circumstance is
specified to an indictment or count, each shall be in a
separately
numbered specification, and if an aggravating
circumstance is
specified to a count in an indictment containing
more than one
count, such specification shall be identified as to
the count to
which it applies. (C) A specification to an indictment or count in an
indictment charging aggravated murder shall be stated at the end
of the body of the indictment or count, and may be in
substantially the following form: "SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO
THE
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The
Grand
Jurors further find and specify that (set forth the applicable
aggravating circumstance listed in divisions (A)(1) to
(9)(10) of
section 2929.04 of the Revised Code. The aggravating
circumstance
may be stated in the words of the subdivision in
which it appears,
or in words sufficient to give the accused
notice of the same)."
Sec. 3313.536. The board of education of each city,
exempted
village, and local school district shall adopt a
comprehensive
school safety plan for each school building under
the board's
control. The board shall examine the environmental
conditions and
operations of each building to determine
potential hazards to
student and staff safety and shall propose
operating changes to
promote the prevention of potentially
dangerous problems and
circumstances. In developing the plan
for each building, the
board shall involve
community law enforcement and safety
officials, parents of
students who are assigned to the building,
and teachers and
nonteaching employees who are assigned to the
building.
The board shall consider
incorporating remediation
strategies into the plan for any
building where documented safety
problems have occurred.
The board shall file a copy of the safety
plan with each law enforcement agency that has jurisdiction over
the school building. The board shall incorporate into the plan both of the
following: (A) A protocol for
addressing serious threats to the safety
of school property,
students, employees, or administrators; (B) A protocol for
responding to any emergency events that
do occur and that
compromise the safety of school property,
students, employees, or
administrators. Each protocol shall include procedures deemed appropriate
by
the board for responding to threats and emergency events,
respectively, including such things as notification of
appropriate
law enforcement personnel, calling upon specified
emergency
response personnel for assistance, and informing
parents of
affected students.
Sec. 4507.09. (A) Except as provided in division (B) of
this section, every driver's license issued to a resident of this
state
expires on the
birthday
of the applicant in the fourth year
after the date it is issued and every
driver's license issued to a
temporary resident expires in accordance with
rules adopted by the
registrar of motor vehicles. In no event shall any
license be
issued for a period
longer than four years and ninety days. Subject to the requirements of section 4507.12 of the
Revised
Code, every driver's license issued to a resident is renewable
at
any time prior to its expiration
and any license of a temporary
resident
is nonrenewable. A nonrenewable license may be replaced
with a new license
within ninety days prior to its expiration
upon
the applicant's compliance
with all applicable requirements
in
accordance with division (E) of this section. No refund
shall be
made or credit given for the unexpired portion of the driver's
license that is renewed. The registrar
of
motor vehicles shall
notify each person whose driver's license
has expired within
forty-five days after the date of expiration.
Notification shall
be made by regular mail sent to the person's
last known address as
shown in the records of the bureau of motor
vehicles. Failure to
provide such notification shall not be
construed as a renewal or
extension of any license. For the purposes
of this section, the
date of birth
of any applicant born on the twenty-ninth day of
February shall be deemed to
be the first day of March in any year
in which there is no twenty-ninth
day of
February. (B) Every driver's license or renewal of a driver's
license
issued to an applicant who is sixteen years of age or
older, but
less than twenty-one years of age, expires on
the twenty-first
birthday of the applicant, except that an applicant who
applies no
more than thirty days before the applicant's twenty-first birthday
shall be issued a license in accordance with division (A) of this
section. (C) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the person's address
within ten days following that change. The notification shall be
in writing on a form provided by the registrar and shall include
the full name, date of birth, license number, county of
residence,
social security number, and new address of the person. (D) No driver's license shall be renewed when renewal is
prohibited by division (A) of section 4507.091 of the
Revised
Code.
(E) A nonrenewable license may be replaced with a new license
within ninety days prior to its expiration upon the applicant's
presentation of documentation verifying the applicant's legal
presence in the United States. A nonrenewable license expires on
the same date listed on the legal presence documentation, or on
the same date in the fourth year after the date the nonrenewable
license is issued, whichever comes first. A nonrenewable license
is not transferable, and the applicant may not rely on it to
obtain a driver’s license in another state.
In accordance with Chapter 119. of the Revised Code, the
registrar of motor vehicles shall adopt rules governing
nonrenewable licenses for temporary residents. At a minimum, the
rules shall include provisions specifying all of the following:
(1) That no nonrenewable license may extend beyond the
duration of the applicant’s temporary residence in this state;
(2) That no nonrenewable license may be replaced by a new
license unless the applicant provides acceptable documentation of
the person’s identity and of the applicant’s continued temporary
residence in this state;
(3) That no nonrenewable license is valid to apply for a
driver’s license in any other state;
(4) That every nonrenewable license may contain any security
features that the registrar prescribes.
Sec. 5502.26. (A) The board of county
commissioners of a
county and the chief executive of all or a majority of the other
political subdivisions within the county may enter into a written
agreement establishing a countywide emergency management agency. A representative from each political subdivision entering
into the agreement, selected by the political subdivision's chief
executive, shall constitute a countywide advisory group for the
purpose of appointing an executive committee under this section
through which the countywide agency shall implement emergency
management in the county in accordance with this section and for
the purpose of advising the executive committee on matters
pertaining to countywide emergency management. The executive
committee shall consist of at least the following seven members:
one county commissioner representing the board of county
commissioners entering into the agreement; five chief executives
representing the municipal corporations and townships entering
into the agreement; and one nonelected representative. The
countywide agreement shall specify how many additional members,
if
any, shall serve on the executive committee and their manner
of
selection. The agency shall be supported financially by the political
subdivisions entering into the countywide agreement. The
executive committee shall appoint a director/coordinator of
emergency management who shall pursue a professional development
training program in accordance with rules adopted under section
5502.25 of the Revised Code. The
director/coordinator of
emergency management may be an official or employee of any
political subdivision entering into the countywide agreement,
except that the director/coordinator shall not be the chief
executive of any such political subdivision. A countywide emergency management agency organized under
this
section shall establish a program for emergency management
that: (1) Is in accordance with sections
5502.21 to 5502.51 of the
Revised Code, rules adopted
under those sections,
the "Act of
January 12,
1951
," 64 Stat. 1245, 50 App.
U.S.C.A. 2251
local
ordinances pertaining to emergency
management, the "Robert T.
Stafford Disaster Relief and Emergency
Assistance Act," 88 Stat.
143, 42 U.S.C. 5121, et. seq., as
amended, and
all applicable
rules and regulations adopted under
it
that act; (2) Includes, without limitation, development of an
all-hazards emergency operations plan
that has been coordinated
with all agencies, boards, and divisions having emergency
management functions within the county; (3)
Includes the preparation and conduct of an annual
exercise of the county’s all-hazards emergency operations plan; (4) Is applicable to all political subdivisions entering
into
the countywide agreement. The director/coordinator of emergency management for a
countywide agency organized under this section shall be
responsible for coordinating, organizing, administering, and
operating emergency management in accordance with the agency's
program established under this section, subject to the direction
and control of the executive committee.
All agencies, boards, and
divisions having emergency management functions within each
political subdivision within the county shall cooperate in the
development of the all-hazards emergency operations plan and shall
cooperate in the preparation and conduct of the annual exercise. (B) Nothing in this section requires any political
subdivision
that is located within a county that has entered into
a written
agreement under this section establishing a countywide
emergency
management agency to enter into that agreement, provided
that the
political subdivision has established a program for
emergency
management in accordance with section
5502.271 of the
Revised
Code. (C) A countywide emergency management agency shall be
considered a county
board and shall receive the services of the
auditor, treasurer,
and
prosecuting attorney of the county in the
same manner as other
county
agencies, boards, or divisions.
Sec. 5502.27. (A) In lieu of
establishing a countywide
emergency management agency under section
5502.26 of the Revised
Code, the boards of county commissioners of two or more counties,
with the consent of the chief executives of a
majority of
the
participating political subdivisions of each county involved,
may
enter into a written agreement establishing a regional
authority
for emergency management. A representative from each political subdivision entering
into the agreement, selected by the political subdivision's chief
executive, shall constitute a regional advisory group for the
purpose of appointing an executive committee under this section
through which the regional authority shall implement emergency
management in the counties in accordance with this section and
for
the purpose of advising the executive committee on matters
pertaining to regional emergency management. The executive
committee shall consist of at least the following nine members:
two county commissioners representing the boards of county
commissioners entering into the agreement; six chief executives
representing the municipal corporations and townships entering
into the agreement; and one nonelected representative. The
regional agreement shall specify how many additional members, if
any, shall serve on the executive committee and their manner of
selection. The authority shall be supported financially by the
political
subdivisions entering into the regional agreement. The
executive
committee shall appoint a director/coordinator of
emergency
management who shall pursue a professional development
training
program in accordance with rules adopted under section
5502.25 of
the Revised Code. The
director/coordinator of
emergency
management may be an official or employee of any
political
subdivision entering into the regional agreement,
except that the
director/coordinator shall not be the chief
executive of any such
political subdivision. A regional authority for emergency management organized
under
this section shall establish a program for emergency
management
that: (1) Is in accordance with sections
5502.21 to 5502.51 of the
Revised Code, rules adopted
under those sections,
the "Act of
January 12,
1951," 64 Stat. 1245, 50 App.
U.S.C.A. 2251
local
ordinances pertaining to emergency management, the "Robert T.
Stafford Disaster Relief and Emergency Assistance Act," 88 Stat.
143, 42 U.S.C. 5121, et. seq., as amended, and
all applicable
rules and regulations adopted under
it
that act; (2) Includes, without limitation, development of an
all-hazards emergency operations plan
that has been coordinated
with all agencies, boards, and divisions having emergency
management functions within the regional authority; (3)
Includes the preparation and conduct of an annual
exercise of the regional authority's all-hazards emergency
operations plan; (4) Is applicable to all political subdivisions entering
into
the regional agreement. The director/coordinator of emergency management for a
regional authority organized under this section shall be
responsible for coordinating, organizing, administering, and
operating emergency management in accordance with the authority's
program established under this section, subject to the direction
and control of the executive committee.
All agencies, boards, and
divisions having emergency management functions within each
political subdivision within the regional authority shall
cooperate in the development of the all-hazards emergency
operations plan and shall cooperate in the preparation and conduct
of the annual exercise. (B) Nothing in this section requires any political
subdivision
that is located within a county that has entered into
a written
agreement under this section establishing a regional
authority
for emergency management to enter into that agreement,
provided
that the political subdivision has established a program
for
emergency management in accordance with section
5502.271 of
the
Revised Code. (C) A regional authority for emergency management may
designate
the county
auditor and county treasurer of one of the
counties in the region
as fiscal
officers for the regional
authority and may designate the
prosecuting attorney
of one of the
counties in the region as legal advisor for the
regional
authority.
Sec. 5502.271. The chief executive of
any political
subdivision that has not entered into a written agreement
establishing either a countywide emergency management agency
under
section 5502.26 of the Revised Code
or a regional authority
for
emergency management under section
5502.27 of the Revised
Code
shall establish a program for emergency management within
that
political subdivision that meets all of the following
criteria: (A) Is in accordance with sections
5502.21 to 5502.51 of the
Revised Code, rules adopted
under those sections,
the "Act of
January 12,
1951," 64 Stat. 1245, 50 App.
U.S.C.A. 2251
local
ordinances pertaining to emergency
management, the "Robert T.
Stafford Disaster Relief and Emergency
Assistance Act," 88 Stat.
143, 42 U.S.C. 5121, et. seq., as
amended, and
all applicable
rules and regulations adopted under
it
that act; (B) Includes, without limitation, development of an
all-hazards emergency operations plan
that has been coordinated
with all agencies, boards, and divisions having emergency
management functions within the political subdivision; (C)
Includes the preparation and conduct of an annual
exercise of the political subdivision's all-hazards emergency
operations plan; (D) Is not inconsistent with the program for emergency
management established for the county in which the political
subdivision is located by a countywide emergency management
agency
under section 5502.26 of the
Revised Code or a regional
authority
for emergency management under section
5502.27 of the
Revised
Code.
All agencies, boards, and divisions having emergency
management functions within the political subdivision shall
cooperate in the development of the all-hazards emergency
operations plan and shall cooperate in the preparation and conduct
of the annual exercise. The chief executive shall appoint a director/coordinator of
emergency management who shall pursue a professional development
training program in accordance with rules adopted under section
5502.25 of the Revised Code. The
director/coordinator of
emergency management may be an official or employee of the
political subdivision, but shall not be the chief executive of
the
political subdivision. The director/coordinator shall be responsible for
coordinating, organizing, administering, and operating emergency
management in accordance with the political subdivision's program
established under this section, subject to the direction and
control of the chief executive.
SECTION 2. That existing sections 121.22, 2901.01, 2903.01,
2921.32,
2923.31, 2927.24, 2929.04,
2933.51, 2941.14, 3313.536,
4507.09, 5502.26, 5502.27, and 5502.271 of the
Revised
Code are
hereby repealed.
SECTION 3. Section 4507.09 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
H.B. 141 and Am. Sub. S.B. 60 of
the 122nd General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
SECTION 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the recent terrorist attacks of September 11, 2001, underscore the
compelling need for legislation that is specifically designed to
combat the evils of terrorism, that comprehensive state laws are
urgently needed to complement federal laws in the fight against
terrorism and to better protect all citizens against terrorist
acts, and that state laws must be strengthened to ensure that
terrorists, as well as those who solicit or provide financial and
other support to terrorists, are prosecuted and punished in state
courts with appropriate severity. Therefore, this act shall go
into immediate effect.
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