130th Ohio General Assembly
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Am. S. B. No. 40  As Reported by the Senate Judiciary--Criminal Justice Committee
As Reported by the Senate Judiciary--Criminal Justice Committee

124th General Assembly
Regular Session
2001-2002
Am. S. B. No. 40


SENATORS Jordan, Jacobson, Fingerhut, Randy Gardner, Harris, Spada, Hagan, White



A BILL
To amend sections 2903.211, 2909.04, 2917.11, and1
2917.13 of the Revised Code to identify certain2
persons as "emergency facility personnel," to3
extend the offenses of disrupting public services4
and misconduct at an emergency to activities of5
emergency facility personnel, to increase the6
penalty for disorderly conduct if committed in the7
presence of an emergency facility person8
performing duties in an emergency facility, and to9
specify that "pattern of conduct" in menacing by10
stalking includes actions obstructing an emergency11
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, and13
2917.13 of the Revised Code be amended to read as follows:14

       Sec. 2903.211.  (A) No person by engaging in a pattern of15
conduct shall knowingly cause another to believe that the offender16
will cause physical harm to the other person or cause mental17
distress to the other person.18

       (B) Whoever violates this section is guilty of menacing by19
stalking.20

       (1) Except as otherwise provided in division (B)(2) of this21
section, menacing by stalking is a misdemeanor of the first22
degree.23

       (2) Menacing by stalking is a felony of the fourth degree if24
any of the following applies:25

       (a) The offender previously has been convicted of or pleaded26
guilty to a violation of this section or a violation of section27
2911.211 of the Revised Code.28

       (b) In committing the offense, the offender made a threat of29
physical harm to or against the victim.30

       (c) In committing the offense, the offender trespassed on31
the land or premises where the victim lives, is employed, or32
attends school.33

       (d) The victim of the offense is a minor.34

       (e) The offender has a history of violence toward the victim35
or any other person or a history of other violent acts toward the36
victim or any other person.37

       (f) While committing the offense, the offender had a deadly38
weapon on or about the offender's person or under the offender's39
control.40

       (g) At the time of the commission of the offense, the41
offender was the subject of a protection order issued under42
section 2903.213 or 2903.214 of the Revised Code, regardless of43
whether the person to be protected under the order is the victim44
of the offense or another person.45

       (h) In committing the offense, the offender caused serious46
physical harm to the premises at which the victim resides, to the47
real property on which that premises is located, or to any48
personal property located on that premises.49

       (i) Prior to committing the offense, the offender had been50
determined to represent a substantial risk of physical harm to51
others as manifested by evidence of then-recent homicidal or other52
violent behavior, evidence of then-recent threats that placed53
another in reasonable fear of violent behavior and serious54
physical harm, or other evidence of then-present dangerousness.55

       (C) Section 2919.271 of the Revised Code applies in relation56
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 or59
incidents closely related in time, whether or not there has been a60
prior conviction based on any of those actions or incidents.61
Actions or incidents that prevent, obstruct, or delay the62
performance by a public official, firefighter, rescuer, or63
emergency medical services person, or emergency facility person of64
any authorized act within the public official's, firefighter's,65
rescuer's, or emergency medical services person's, or emergency66
facility person's official capacity may constitute a "pattern of67
conduct."68

       (2) "Mental distress" means any mental illness or condition69
that involves some temporary substantial incapacity or mental70
illness or condition that would normally require psychiatric71
treatment.72

       (3) "Emergency medical services person" is the singular of73
"emergency medical services personnel" as defined in section74
2133.21 of the Revised Code.75

       (4) "Emergency facility person" is the singular of "emergency76
facility personnel" as defined in section 2909.04 of the Revised77
Code.78

       (5) "Public official" has the same meaning as in section79
2921.01 of the Revised Code.80

       Sec. 2909.04.  (A) No person, purposely by any means or81
knowingly by damaging or tampering with any property, shall do any82
of the following:83

       (1) Interrupt or impair television, radio, telephone,84
telegraph, or other mass communications service; police, fire, or85
other public service communications; radar, loran, radio, or other86
electronic aids to air or marine navigation or communications; or87
amateur or citizens band radio communications being used for88
public service or emergency communications;89

       (2) Interrupt or impair public transportation, including90
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 enforcement93
officers, firefighters, rescue personnel, or emergency medical94
services personnel, or emergency facility personnel to respond to95
an emergency or to protect and preserve any person or property96
from serious physical harm.97

       (B) Whoever violates this section is guilty of disrupting98
public services, a felony of the fourth degree.99

       (C) As used in this section:100

       (1) "Emergency medical services personnel" has the same101
meaning as in section 2133.21 of the Revised Code.102

       (2) "Emergency facility personnel" means any of the103
following:104

       (a) Any of the following individuals who perform services in105
the ordinary course of their professions in an emergency facility:106

       (i) Physicians authorized under Chapter 4731. of the Revised107
Code to practice medicine and surgery or osteopathic medicine and108
surgery;109

       (ii) Registered nurses and licensed practical nurses licensed110
under Chapter 4723. of the Revised Code;111

       (iii) Physician assistants authorized to practice under112
Chapter 4730. of the Revised Code;113

       (iv) Health care workers;114

       (v) Clerical staffs.115

       (b) Any individual who is a security officer performing116
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 in119
division (C)(2)(a) or (b) of this section, and who is directed120
while in the facility by an individual identified in either of121
those divisions.122

       (3) "Emergency facility" means a hospital emergency123
department or any other facility that provides emergency medical124
services.125

       (4) "Hospital" has the same meaning as in section 3727.01 of126
the Revised Code.127

       (5) "Health care worker" means an individual, other than an128
individual specified in division (C)(2)(a), (b), or (c) of this129
section, who provides medical or other health-related care or130
treatment in an emergency facility, including medical technicians,131
medical assistants, orderlies, aides, or individuals acting in132
similar capacities.133

       Sec. 2917.11.  (A) No person shall recklessly cause134
inconvenience, annoyance, or alarm to another by doing any of the135
following:136

       (1) Engaging in fighting, in threatening harm to persons or137
property, or in violent or turbulent behavior;138

       (2) Making unreasonable noise or an offensively coarse139
utterance, gesture, or display or communicating unwarranted and140
grossly abusive language to any person;141

       (3) Insulting, taunting, or challenging another, under142
circumstances in which that conduct is likely to provoke a violent143
response;144

       (4) Hindering or preventing the movement of persons on a145
public street, road, highway, or right-of-way, or to, from,146
within, or upon public or private property, so as to interfere147
with the rights of others, and by any act that serves no lawful148
and reasonable purpose of the offender;149

       (5) Creating a condition that is physically offensive to150
persons or that presents a risk of physical harm to persons or151
property, by any act that serves no lawful and reasonable purpose152
of the offender.153

       (B) No person, while voluntarily intoxicated, shall do154
either of the following:155

       (1) In a public place or in the presence of two or more156
persons, engage in conduct likely to be offensive or to cause157
inconvenience, annoyance, or alarm to persons of ordinary158
sensibilities, which conduct the offender, if the offender were159
not intoxicated, should know is likely to have that effect on160
others;161

       (2) Engage in conduct or create a condition that presents a162
risk of physical harm to the offender or another, or to the163
property of another.164

       (C) Violation of any statute or ordinance of which an165
element is operating a motor vehicle, locomotive, watercraft,166
aircraft, or other vehicle while under the influence of alcohol or167
any drug of abuse, is not a violation of division (B) of this168
section.169

       (D) If a person appears to an ordinary observer to be170
intoxicated, it is probable cause to believe that person is171
voluntarily intoxicated for purposes of division (B) of this172
section.173

       (E)(1) Whoever violates this section is guilty of disorderly174
conduct.175

       (2) Except as otherwise provided in division (E)(3) of this176
section, disorderly conduct is a minor misdemeanor.177

       (3) Disorderly conduct is a misdemeanor of the fourth degree178
if any of the following applies:179

       (a) The offender persists in disorderly conduct after180
reasonable warning or request to desist.181

       (b) The offense is committed in the vicinity of a school or182
in a school safety zone.183

       (c) The offense is committed in the presence of any law184
enforcement officer, firefighter, rescuer, medical person,185
emergency medical services person, or other authorized person who186
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 emergency189
facility person who is engaged in the person's duties in an190
emergency facility.191

       (F) As used in this section:192

       (1) "Emergency medical services person" is the singular or193
of "emergency medical services personnel" as defined in section194
2133.21 of the Revised Code.195

       (2) "Emergency facility person" is the singular of196
"emergency facility personnel" as defined in section 2909.04 of197
the Revised Code.198

       (3) "Emergency facility" has the same meaning as in section199
2909.04 of the Revised Code.200

       (4) "Committed in the vicinity of a school" has the same201
meaning as in section 2925.01 of the Revised Code.202

       Sec. 2917.13.  (A) No person shall knowingly do any of the203
following:204

       (1) Hamper the lawful operations of any law enforcement205
officer, firefighter, rescuer, medical person, emergency medical206
services person, or other authorized person, engaged in the207
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 facility210
person who is engaged in the person's duties in an emergency211
facility;212

       (3) Fail to obey the lawful order of any law enforcement213
officer engaged in the law enforcement officer's duties at the214
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 limit217
access or deny information to any news media representative in the218
lawful exercise of the news media representative's duties.219

       (C) Whoever violates this section is guilty of misconduct at220
an emergency. Except as otherwise provided in this division,221
misconduct at an emergency is a minor misdemeanor. If a violation222
of this section creates a risk of physical harm to persons or223
property, misconduct at an emergency is a misdemeanor of the first224
degree.225

       (D) As used in this section:226

       (1) "Emergency medical services person" is the singular of227
"emergency medical services personnel" as defined in section228
2133.21 of the Revised Code.229

       (2) "Emergency facility person" is the singular of230
"emergency facility personnel" as defined in section 2909.04 of231
the Revised Code.232

       (3) "Emergency facility" has the same meaning as in section233
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

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