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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 |
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SENATORS Jordan, Jacobson, Fingerhut, Randy Gardner, Harris, Spada, Hagan, White
A BILL
| To amend sections 2903.211, 2909.04, 2917.11, and | 1 |
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2917.13 of the
Revised Code to identify certain | 2 |
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persons as "emergency facility personnel," to | 3 |
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extend the offenses
of disrupting public services | 4 |
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and
misconduct at an
emergency to activities of | 5 |
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emergency facility
personnel, to
increase the | 6 |
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penalty for disorderly
conduct if committed in the | 7 |
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presence of
an
emergency facility person | 8 |
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performing duties in an
emergency facility,
and to | 9 |
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specify that "pattern
of conduct" in menacing by | 10 |
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stalking includes
actions
obstructing an emergency | 11 |
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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 |
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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 |
(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 |
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(2) Except as otherwise provided in division
(E)(3) of this | 176 |
section,
disorderly conduct is a minor misdemeanor. | 177 |
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(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 |
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(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 |
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