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Sub. S. B. No. 57 As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Senators Jacobson, Armbruster, Randy Gardner, Goodman, Harris, Stivers, Herington, Amstutz, Austria, Blessing, Carnes, Dann, Robert Gardner, Hottinger, Mumper
A BILL
To amend sections 2917.04 and 2917.13 and to enact section 2917.031 of the Revised Code to
increase the penalty under specified circumstances for failure to disperse and misconduct at an emergency and to clarify the required proof for the offenses of riot and aggravated riot.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2917.04 and 2917.13 be amended and section 2917.031 of the Revised Code be
enacted to read as follows:
Sec. 2917.031. For the purposes of prosecuting violations of sections 2917.02 and 2917.03 of the Revised Code, the state is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation of either section prior to or while committing those acts.
Sec. 2917.04. (A) Where five or more persons are participating in a course
of disorderly conduct in violation of section 2917.11 of the Revised Code, and
there are other persons in the vicinity whose presence creates the likelihood
of physical harm to persons or property or of serious public inconvenience,
annoyance, or alarm, a law enforcement officer or other public official may
order the participants and such other persons to disperse. No person shall
knowingly fail to obey such order. (B) Nothing in this section requires persons to disperse who are peaceably
assembled for a lawful purpose. (C)(1) Whoever violates this section is guilty of failure to disperse,. (2) Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor
misdemeanor. (3) Failure to disperse is a misdemeanor of the fourth degree if any of the following apply:
(a) The failure to obey the order described in division (A) of this section hampers the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(b) The failure to obey the order described in division (A) of this section hampers the lawful activities of any emergency facility person who is engaged in the person's duties in an emergency facility.
(c) The offender fails to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind. (D) As used in this section:
(1) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(2) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code.
(3) "Emergency facility" has the same meaning as in section 2909.04 of the Revised Code.
Sec. 2917.13. (A) No person shall knowingly do any of the
following: (1) Hamper the lawful operations of any law enforcement
officer,
firefighter, rescuer, medical person, emergency
medical
services person, or other authorized person, engaged in
the
person's duties at
the scene of a fire, accident, disaster, riot,
or emergency of any kind; (2)
Hamper the lawful activities of any emergency facility
person who
is engaged in the person's duties in an emergency
facility;
(3) Fail to obey the lawful order of any law enforcement
officer engaged in
the law enforcement officer's duties at the
scene of or in
connection with a fire, accident, disaster,
riot,
or emergency of any kind. (B) Nothing in this section shall be construed to limit
access or deny
information to any news media representative in the
lawful exercise of
the news media representative's
duties. (C) Whoever violates this section is guilty of misconduct at
an
emergency. Except as otherwise provided in this division,
misconduct at an emergency is a minor misdemeanor of the fourth degree. If a violation
of this
section creates a risk of physical
harm to persons or
property, misconduct at an emergency is a misdemeanor of
the first
degree. (D)
As used in this section:
(1) "Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in section
2133.21
of the Revised Code.
(2) "Emergency facility person" is the singular of
"emergency
facility personnel" as defined in section 2909.04 of
the Revised
Code.
(3) "Emergency facility" has the same meaning as in section
2909.04 of the Revised Code.
Section 2. That existing sections 2917.04 and 2917.13 of the Revised Code
are hereby repealed.
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