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(126th General Assembly)
(Substitute House Bill Number 259)
AN ACT
To amend sections 2921.38 and 2921.51 of the Revised Code to prohibit a person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, from causing or attempting to cause the law enforcement officer to come into contact with a bodily substance, to prohibit any person from engaging in the same action with respect to any person when the person is a knowing carrier of certain viruses or bacteria, and to prohibit the impersonation of a federal law enforcement officer.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1.
That sections 2921.38 and 2921.51 of the Revised Code be amended to read as follows:
Sec. 2921.38. (A) No person who is confined in a detention facility, with
intent to harass, annoy, threaten, or alarm another person,
shall cause or attempt to cause the other person to come into contact
with blood, semen, urine, feces, or another bodily substance by throwing the
bodily substance at the other person, by expelling the bodily substance upon
the other person, or in any other manner. (B) No person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, shall cause or attempt to cause the law enforcement officer to come into contact with blood, semen, urine, feces, or another bodily substance by throwing the bodily substance at the law enforcement officer, by expelling the bodily substance upon the law enforcement officer, or in any other manner. (C) No person who is confined in a detention facility, with knowledge that
the person is a carrier of the virus that causes acquired immunodeficiency
syndrome, is a carrier of a hepatitis virus, or is infected with tuberculosis
and with intent to harass, annoy, threaten, or alarm another person, shall
cause or attempt to cause the other person to come into contact with blood,
semen, urine, feces, or another bodily substance by throwing the bodily
substance at the other person, by expelling the bodily substance upon the
other person, or in any other manner. (C)(D) Whoever violates this section is guilty of harassment
by an inmate with a bodily substance. A violation of division (A) or (B) of this section is a felony of the
fifth degree. A violation of division (B)(C) of this section is a felony of the
third degree.
(D)(E)(1) The court, on request of the prosecutor, or the law
enforcement authority responsible for the investigation of the violation,
shall cause a person who allegedly has committed a violation of this section
to submit to one or more appropriate tests to determine if the person is a
carrier of the virus that causes acquired immunodeficiency syndrome, is a
carrier of a hepatitis virus, or is infected with tuberculosis.
(2) The court shall charge the offender with the costs of the test or
tests ordered under division (D)(E)(1) of this section unless the court
determines that the accused is unable to pay, in which case the costs shall be
charged to the entity that operates the detention facility in which the
alleged offense occurred. (E)(F) This section does not apply to a person who is hospitalized,
institutionalized, or confined in a facility operated by the department of
mental health or the department of mental retardation and developmental
disabilities.
Sec. 2921.51. (A) As used in this section: (1) "Peace officer" means a sheriff, deputy sheriff,
marshal, deputy marshal, member of the organized police
department
of a municipal corporation, or township constable, who
is employed
by a political subdivision of this state, a member of
a police
force employed by a metropolitan housing authority under
division
(D) of section 3735.31 of the Revised Code,
a member of a police
force employed by a regional transit authority under
division (Y)
of section 306.35 of the Revised Code, a state
university law
enforcement officer appointed under section
3345.04 of the Revised
Code,
a veterans' home police officer
appointed under
section 5907.02 of the Revised Code, a special police
officer
employed by a port authority under section 4582.04 or 4582.28
of
the Revised Code, or a state
highway patrol trooper and whose
primary duties are to preserve
the peace, to protect life and
property, and to enforce the laws,
ordinances, or rules of the
state or any of its political
subdivisions. (2) "Private police officer" means any security
guard,
special
police officer, private detective, or other person who
is
privately
employed in a police capacity. (3) "Federal law enforcement officer" means an employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States. (4) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons. (B) No person shall impersonate a peace officer or, a
private
police officer, or a federal law enforcement officer. (C) No person, by impersonating a peace officer or, a
private
police officer, or a federal law enforcement officer, shall arrest or detain any person, search any
person, or search the property of any person. (D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer, a
private police officer, a federal law enforcement officer, or an officer, agent, or employee of the
state. (E) No person shall commit a felony while impersonating a
peace officer, a private police officer, a federal law enforcement officer, or an officer, agent, or
employee of the state. (F) It is an affirmative defense to a charge under
division
(B) of this section that the impersonation of the peace
officer
was for a lawful purpose. (G) Whoever violates division (B) of this section is
guilty
of a misdemeanor of the fourth degree. Whoever violates
division
(C) or (D) of this section is guilty of a misdemeanor of
the first
degree. If the purpose of a violation of division (D)
of this
section is to commit or facilitate the commission of a
felony, a
violation of division (D) is a felony of the
fourth degree.
Whoever violates division (E) of this section is guilty
of a
felony of the third degree.
SECTION 2. That existing sections 2921.38 and 2921.51 of the Revised Code are hereby repealed.
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