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H. B. No. 551 As Passed by the HouseAs Passed by the House
|126th General Assembly|
Representatives Latta, Fende, Setzer, Wolpert, Law, McGregor, J., Evans, D., Seitz, Hughes, Bubp, Yuko, Willamowski, Aslanides, Schaffer, Otterman, Combs, Evans, C., Oelslager, Reidelbach, Webster, Buehrer, Patton, T., Beatty, Brown, Chandler, Collier, Daniels, DeBose, Dolan, Domenick, Flowers, Garrison, Gibbs, Gilb, Hagan, Hartnett, Harwood, Hoops, Koziura, Martin, Mason, McGregor, R., Perry, Reinhard, Seaver, Smith, S., Stewart, D., Stewart, J., Strahorn, Uecker, Ujvagi, Williams, Yates
To amend section 5502.52 of the Revised Code to prohibit a person from making a false report that results in the implementation of the statewide emergency alert program or a local or regional emergency alert program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5502.52 of the Revised Code be amended to read as follows:
Sec. 5502.52. (A) There is hereby created the statewide
to aid in the identification and location
children who are
under eighteen years of age, who are abducted,
abduction, as determined by a law enforcement agency,
credible threat of immediate danger of serious bodily harm
or death to a child. The
program shall be a coordinated effort
among the governor's office, the department of public safety, the
attorney general, law
enforcement agencies, the state's public
television and radio broadcasters, and others as
necessary by the governor.
(B) The statewide emergency alert program shall not be
unless all of the following activation criteria are
(1) The local investigating law enforcement agency confirms
that an abduction has occurred.
(2) An abducted child is under eighteen years of age.
(3) The abduction poses a credible threat of immediate
danger of serious bodily harm or death to a child.
(4) A law enforcement agency determines that the child
a runaway and has not been abducted as a result of a child
dispute, unless the dispute poses a credible threat of immediate
danger of serious bodily harm or death to the child.
(5) There is sufficient descriptive information about the
child, the abductor, and the circumstances surrounding the
abduction to indicate that activation of the alert will help
locate the child.
(C) Nothing in division (B) of this section prevents the
activation of a local or regional emergency alert program that may
impose different criteria for the activation of a local or
(D) Any radio broadcast station, television broadcast station, or cable television system participating in the statewide emergency alert program or in any local or regional emergency alert program, and any director, officer, employee, or agent of any such station or system, shall not be liable to any person for damages for any loss allegedly caused by or resulting from the station's or system's broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the statewide emergency alert program or the local or regional emergency alert program.
(E) No person shall knowingly make a false report that a child has been abducted and that leads to the implementation of the statewide emergency alert program created under this section or that leads to the implementation of a local or regional emergency alert program. Whoever violates this division is guilty of a felony of the fourth degree.
(F) As used in this section:
(1) "Abducted child" means a child for whom there is
credible evidence to believe that the child has been abducted in
violation of section 2905.01, 2905.02, 2905.03, or 2905.05 of the
(2) "Cable television system" means a cable system, as defined in section 2913.04 of the Revised Code.
(3) "Law enforcement agency" includes, but is not limited
to, a county sheriff's office, the office of a village
police department of a municipal corporation, a police
force of a
regional transit authority, a police force of a
housing authority, the state highway patrol, a state
law enforcement agency, the office of a township police
and the police department of a township or joint
Section 2. That existing section 5502.52 of the Revised Code is hereby repealed.