SENATORS Jordan, Jacobson, Fingerhut, Randy Gardner, Harris, Spada, Hagan, White, Mumper, Amstutz, Espy, Nein, Robert Gardner

To amend sections 2903.211, 2909.04, 2917.11, and

1

2917.13 of the Revised Code to identify certain

2

persons as "emergency facility personnel," to

3

extend the offenses of disrupting public services

4

and misconduct at an emergency to activities of

5

emergency facility personnel, to increase the

6

penalty for disorderly conduct if committed in the

7

presence of an emergency facility person

8

performing duties in an emergency facility, and to

9

specify that "pattern of conduct" in menacing by

10

stalking includes actions obstructing an emergency

11

facility person's performance of authorized acts.

12

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

Section 1. That sections 2903.211, 2909.04, 2917.11, and	13
2917.13 of the Revised Code be amended to read as follows:	14

Sec. 2903.211.  (A) No person by engaging in a pattern of	15
conduct shall knowingly cause another to believe that the offender	16
will cause physical harm to the other person or cause mental	17
distress to the other person.	18

(B) Whoever violates this section is guilty of menacing by	19
stalking.	20

(1) Except as otherwise provided in division (B)(2) of this	21
section, menacing by stalking is a misdemeanor of the first	22
degree.	23

(2) Menacing by stalking is a felony of the fourth degree if	24
any of the following applies:	25

(a) The offender previously has been convicted of or pleaded	26
guilty to a violation of this section or a violation of section	27
2911.211 of the Revised Code.	28

(b) In committing the offense, the offender made a threat of	29
physical harm to or against the victim.	30

(c) In committing the offense, the offender trespassed on	31
the land or premises where the victim lives, is employed, or	32
attends school.	33

(d) The victim of the offense is a minor.

34

(e) The offender has a history of violence toward the victim	35
or any other person or a history of other violent acts toward the	36
victim or any other person.	37

(f) While committing the offense, the offender had a deadly	38
weapon on or about the offender's person or under the offender's	39
control.	40

(g) At the time of the commission of the offense, the	41
offender was the subject of a protection order issued under	42
section 2903.213 or 2903.214 of the Revised Code, regardless of	43
whether the person to be protected under the order is the victim	44
of the offense or another person.	45

(h) In committing the offense, the offender caused serious	46
physical harm to the premises at which the victim resides, to the	47
real property on which that premises is located, or to any	48
personal property located on that premises.	49

(i) Prior to committing the offense, the offender had been	50
determined to represent a substantial risk of physical harm to	51
others as manifested by evidence of then-recent homicidal or other	52
violent behavior, evidence of then-recent threats that placed	53
another in reasonable fear of violent behavior and serious	54
physical harm, or other evidence of then-present dangerousness.	55

(C) Section 2919.271 of the Revised Code applies in relation	56
to a defendant charged with a violation of this section.	57

(D) As used in this section:

58

(1) "Pattern of conduct" means two or more actions or	59
incidents closely related in time, whether or not there has been a	60
prior conviction based on any of those actions or incidents.	61
Actions or incidents that prevent, obstruct, or delay the	62
performance by a public official, firefighter, rescuer, or	63
emergency medical services person, or emergency facility person of	64
any authorized act within the public official's, firefighter's,	65
rescuer's, or emergency medical services person's, or emergency	66
facility person's official capacity may constitute a "pattern of	67
conduct."	68

(2) "Mental distress" means any mental illness or condition	69
that involves some temporary substantial incapacity or mental	70
illness or condition that would normally require psychiatric	71
treatment.	72

(3) "Emergency medical services person" is the singular of	73
"emergency medical services personnel" as defined in section	74
2133.21 of the Revised Code.	75

(4) "Emergency facility person" is the singular of "emergency	76
facility personnel" as defined in section 2909.04 of the Revised	77
Code.	78

(5) "Public official" has the same meaning as in section	79
2921.01 of the Revised Code.	80

Sec. 2909.04.  (A) No person, purposely by any means or	81
knowingly by damaging or tampering with any property, shall do any	82
of the following:	83

(1) Interrupt or impair television, radio, telephone,	84
telegraph, or other mass communications service; police, fire, or	85
other public service communications; radar, loran, radio, or other	86
electronic aids to air or marine navigation or communications; or	87
amateur or citizens band radio communications being used for	88
public service or emergency communications;	89

(2) Interrupt or impair public transportation, including	90
without limitation school bus transportation, or water supply,	91
gas, power, or other utility service to the public;	92

(3) Substantially impair the ability of law enforcement	93
officers, firefighters, rescue personnel, or emergency medical	94
services personnel, or emergency facility personnel to respond to	95
an emergency or to protect and preserve any person or property	96
from serious physical harm.	97

(B) Whoever violates this section is guilty of disrupting	98
public services, a felony of the fourth degree.	99

(C) As used in this section:

100

(1) "Emergency medical services personnel" has the same	101
meaning as in section 2133.21 of the Revised Code.	102

(2) "Emergency facility personnel" means any of the	103
following:	104

(a) Any of the following individuals who perform services in	105
the ordinary course of their professions in an emergency facility:	106

(i) Physicians authorized under Chapter 4731. of the Revised	107
Code to practice medicine and surgery or osteopathic medicine and	108
surgery;	109

(ii) Registered nurses and licensed practical nurses licensed	110
under Chapter 4723. of the Revised Code;	111

(iii) Physician assistants authorized to practice under	112
Chapter 4730. of the Revised Code;	113

(iv) Health care workers;

114

(v) Clerical staffs.

115

(b) Any individual who is a security officer performing	116
security services in an emergency facility;	117

(c) Any individual who is present in an emergency facility,	118
who was summoned to the facility by an individual identified in	119
division (C)(2)(a) or (b) of this section, and who is directed	120
while in the facility by an individual identified in either of	121
those divisions.	122

(3) "Emergency facility" means a hospital emergency	123
department or any other facility that provides emergency medical	124
services.	125

(4) "Hospital" has the same meaning as in section 3727.01 of	126
the Revised Code.	127

(5) "Health care worker" means an individual, other than an	128
individual specified in division (C)(2)(a), (b), or (c) of this	129
section, who provides medical or other health-related care or	130
treatment in an emergency facility, including medical technicians,	131
medical assistants, orderlies, aides, or individuals acting in	132
similar capacities.	133

Sec. 2917.11.  (A) No person shall recklessly cause	134
inconvenience, annoyance, or alarm to another by doing any of the	135
following:	136

(1) Engaging in fighting, in threatening harm to persons or	137
property, or in violent or turbulent behavior;	138

(2) Making unreasonable noise or an offensively coarse	139
utterance, gesture, or display or communicating unwarranted and	140
grossly abusive language to any person;	141

(3) Insulting, taunting, or challenging another, under	142
circumstances in which that conduct is likely to provoke a violent	143
response;	144

(4) Hindering or preventing the movement of persons on a	145
public street, road, highway, or right-of-way, or to, from,	146
within, or upon public or private property, so as to interfere	147
with the rights of others, and by any act that serves no lawful	148
and reasonable purpose of the offender;	149

(5) Creating a condition that is physically offensive to	150
persons or that presents a risk of physical harm to persons or	151
property, by any act that serves no lawful and reasonable purpose	152
of the offender.	153

(B) No person, while voluntarily intoxicated, shall do	154
either of the following:	155

(1) In a public place or in the presence of two or more	156
persons, engage in conduct likely to be offensive or to cause	157
inconvenience, annoyance, or alarm to persons of ordinary	158
sensibilities, which conduct the offender, if the offender were	159
not intoxicated, should know is likely to have that effect on	160
others;	161

(2) Engage in conduct or create a condition that presents a	162
risk of physical harm to the offender or another, or to the	163
property of another.	164

(C) Violation of any statute or ordinance of which an	165
element is operating a motor vehicle, locomotive, watercraft,	166
aircraft, or other vehicle while under the influence of alcohol or	167
any drug of abuse, is not a violation of division (B) of this	168
section.	169

(D) If a person appears to an ordinary observer to be	170
intoxicated, it is probable cause to believe that person is	171
voluntarily intoxicated for purposes of division (B) of this	172
section.	173

(E)(1) Whoever violates this section is guilty of disorderly	174
conduct.	175

(2) Except as otherwise provided in division (E)(3) of this	176
section, disorderly conduct is a minor misdemeanor.	177

(3) Disorderly conduct is a misdemeanor of the fourth degree	178
if any of the following applies:	179

(a) The offender persists in disorderly conduct after	180
reasonable warning or request to desist.	181

(b) The offense is committed in the vicinity of a school or	182
in a school safety zone.	183

(c) The offense is committed in the presence of any law	184
enforcement officer, firefighter, rescuer, medical person,	185
emergency medical services person, or other authorized person who	186
is engaged in the person's duties at the scene of a fire,	187
accident, disaster, riot, or emergency of any kind.	188

(d) The offense is committed in the presence of any emergency	189
facility person who is engaged in the person's duties in an	190
emergency facility.	191

(F) As used in this section:

192

(1) "Emergency medical services person" is the singular or	193
of "emergency medical services personnel" as defined in section	194
2133.21 of the Revised Code.	195

(2) "Emergency facility person" is the singular of	196
"emergency facility personnel" as defined in section 2909.04 of	197
the Revised Code.	198

(3) "Emergency facility" has the same meaning as in section	199
2909.04 of the Revised Code.	200

(4) "Committed in the vicinity of a school" has the same	201
meaning as in section 2925.01 of the Revised Code.	202

Sec. 2917.13.  (A) No person shall knowingly do any of the	203
following:	204

(1) Hamper the lawful operations of any law enforcement	205
officer, firefighter, rescuer, medical person, emergency medical	206
services person, or other authorized person, engaged in the	207
person's duties at the scene of a fire, accident, disaster, riot,	208
or emergency of any kind;	209

(2) Hamper the lawful activities of any emergency facility	210
person who is engaged in the person's duties in an emergency	211
facility;	212

(3) Fail to obey the lawful order of any law enforcement	213
officer engaged in the law enforcement officer's duties at the	214
scene of or in connection with a fire, accident, disaster, riot,	215
or emergency of any kind.	216

(B) Nothing in this section shall be construed to limit	217
access or deny information to any news media representative in the	218
lawful exercise of the news media representative's duties.	219

(C) Whoever violates this section is guilty of misconduct at	220
an emergency. Except as otherwise provided in this division,	221
misconduct at an emergency is a minor misdemeanor. If a violation	222
of this section creates a risk of physical harm to persons or	223
property, misconduct at an emergency is a misdemeanor of the first	224
degree.	225

(D) As used in this section:

226

(1) "Emergency medical services person" is the singular of	227
"emergency medical services personnel" as defined in section	228
2133.21 of the Revised Code.	229

(2) "Emergency facility person" is the singular of	230
"emergency facility personnel" as defined in section 2909.04 of	231
the Revised Code.	232

(3) "Emergency facility" has the same meaning as in section	233
2909.04 of the Revised Code.	234

Section 2.  That existing sections 2903.211, 2909.04,	235
2917.11, and 2917.13 of the Revised Code are hereby repealed.	236