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H. B. No. 142 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Batchelder
Cosponsors:
Representatives Bacon, Williams, B., Combs, Chandler, Bubp, Fessler, Latta, Harwood, Fende, Adams, Wachtmann, White, Collier
A BILL
To amend sections 2917.31, 4501.11, and 5503.02 of the Revised Code to authorize the state highway patrol to provide emergency assistance to a school district confronted with a bomb threat or a similar threat of imminent and catastrophic harm, and to increase the penalty for inducing panic to a felony of the second degree when a school is involved.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2917.31, 4501.11, and 5503.02 of the Revised Code be amended to read as follows:
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following: (1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other
catastrophe,
knowing that such report or warning is false; (2) Threatening to commit any offense of violence; (3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm. (B) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill. (C)(1) Whoever violates this section is guilty of inducing
panic.
(2) Except as otherwise provided in division
(C)(3), (4),
(5), (6), (7), or (8), or (9) of this section, inducing panic is
a
misdemeanor of
the first degree.
(3)
Except as otherwise provided in division (C)(4), (5),
(6), (7), or (8), or (9) of this section, if a violation of this
section
results in physical harm to any person, inducing panic is
a felony
of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8), or (9) of
this section, if a violation of this section
results in economic
harm, the
penalty shall be determined as
follows: (a) If the violation results in
economic harm of five
hundred dollars or more but less than five thousand
dollars and if
division
(C)(3) of this
section
does
not apply,
inducing panic is
a felony of the
fifth degree.
(b) If the violation results in economic harm of five
thousand dollars
or more but less
than one hundred thousand
dollars,
inducing panic is a felony of the fourth
degree.
(c) If the violation results in economic harm
of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree. (5) Except as otherwise provided in division
(C)(6), (7),
(8), or (9) of this section, if If the public
place
involved
in a
violation of division (A)(1) of this section is a
school,
the
penalty shall be determined as follows: (a) Except as otherwise provided in division (C)(5)(b) or (c)
of this section, inducing
panic
is a felony of the fourth degree.
(b)
If
the violation
results in
physical harm to any person
and if division (C)(5)(c)(iii) of this
section does not apply,
inducing panic is a felony
of the
third
degree.
(c)
If
the violation results in
economic harm, the penalty
shall be determined as follows:
(i) If the violation results in economic harm of five
hundred
dollars or more but less than five thousand dollars and if
division
(C)(5)(b) of this
section
does
not apply,
inducing
panic
is a felony of the
fourth
degree.
(ii) If the violation results in economic harm of five
thousand
dollars or more but less than one hundred thousand
dollars, inducing panic is
a felony of the third degree.
(iii) If the violation results in economic harm of one
hundred
thousand dollars or more, inducing panic is a felony of
the second degree.
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or
(8), or (9) of this
section,
inducing panic is a felony of the fourth
degree. (7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division
(C)(9)(a) or (c)(5) of this section,
if a
violation of this section results
in physical harm to any
person,
inducing panic is a felony of the
third degree. (8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(9)(a) or (c)(5) of this section,
if a violation of this section results in economic harm of one
hundred thousand dollars or more, inducing panic is a felony of
the third degree. (9)(a) If the public place involved in a violation of
division (A)(1) of this section is a school, if the violation
pertains to a purported, threatened, or actual use of a weapon of
mass destruction, and if the
violation results in physical harm to
any person, inducing panic
is a felony of the second degree.
(b) If the public place involved in a violation of division
(A)(1) of this section is a school, if the violation pertains to a
purported, threatened, or actual use of a weapon of mass
destruction, and if the violation results in economic harm of five
thousand dollars or more but less than one hundred thousand
dollars, and if division (C)(9)(a) of this section does not apply,
inducing panic is a felony of the third degree.
(c)
If the public place involved in a violation of division
(A)(1) of this section is a school, if the violation pertains to a
purported, threatened, or actual use of a weapon of mass
destruction, and if the violation
results in economic harm of one
hundred thousand dollars or more, inducing
panic is a felony of
the
second degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction. (2) Any act that is a violation of this section and any
other section of the Revised Code may be prosecuted under this
section, the other section, or both sections. (E) As used in this section: (1) "Economic harm" means
any of the following: (a) All direct, incidental,
and
consequential pecuniary harm
suffered by a victim as a result of
criminal
conduct. "Economic
harm"
as described in this division includes, but is not limited
to, all of the
following: (i) All wages, salaries, or other compensation lost as a
result of the
criminal conduct; (ii) The cost of all wages, salaries, or other
compensation
paid
to employees for time those employees are
prevented from
working
as a result of the criminal conduct; (iii) The overhead costs incurred for the time that a
business
is shut down as a result of the criminal conduct; (iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision. (2) "School" means any school operated
by a board of
education or any school for which the state board of education
prescribes minimum standards under
section 3301.07 of the Revised
Code, whether or not any
instruction, extracurricular activities,
or training provided by the school is
being conducted at the time
a violation of this section is committed.
(3) "Weapon of mass destruction" means any of the following: (a) Any weapon that is designed or intended to cause death
or serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors; (b) Any weapon involving a disease organism or biological
agent; (c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life; (d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section: (i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device; (ii) Any combination of parts either designed or intended
for
use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and
from which
an item or device described in that division may be readily
assembled. (4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code. (5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
Sec. 4501.11. (A) There is hereby created in the state
treasury the security, investigations, and policing fund. Notwithstanding
section 5503.04 of the Revised Code, no fines collected from or money arising
from bonds or bail forfeited by persons apprehended or arrested by state
highway patrol troopers shall be credited to the general revenue fund until
sufficient revenue to fund appropriations for the activities described under
division (B) of this section are credited to the security, investigations, and
policing fund. All investment earnings of the security, investigations, and
policing fund shall be credited to that fund. This division does not apply to fines for violations of division (B) of
section 4513.263 of the Revised Code, or to fines for violations of any
municipal ordinance that is substantively comparable to that division, which
fines shall be delivered to the treasurer of state as provided in division (E)
of section 4513.263 of the Revised Code. (B) The money credited to the security, investigations, and policing fund
shall be used to pay the costs of: (1) Providing security for the governor, other officials
and dignitaries, the capitol square, and other state property
pursuant to division (E)(F) of section 5503.02 of the Revised Code; (2) Undertaking major criminal investigations that involve
state property interests; (3) Providing traffic control and security for the Ohio expositions
commission on a full-time, year-round basis; (4) Performing nonhighway-related duties of the state highway patrol at the
Ohio state fair; (5) Coordinating homeland security activities.
Sec. 5503.02. (A) The state highway patrol shall enforce
the laws of the state relating to the titling, registration, and
licensing of motor vehicles; enforce on all roads and highways,
notwithstanding section 4513.39 of the Revised Code, the laws
relating to the operation and use of vehicles on the highways;
enforce and prevent the violation of the laws relating to the
size, weight, and speed of commercial motor vehicles and all laws
designed for the protection of the highway pavements and
structures on the highways; investigate and enforce rules and
laws of the public utilities commission governing the
transportation of persons and property by motor carriers and
report violations of such rules and laws to the commission;
enforce against any motor transportation company as defined in
section 4921.02 of the Revised Code, any contract carrier by
motor vehicle as defined in section 4923.02 of the Revised Code,
any private motor carrier as defined in section 4923.20 of the
Revised Code, and any motor carrier as defined in section 4919.75
of the Revised Code those rules and laws that, if violated, may
result in a forfeiture as provided in section 4905.83, 4919.99, 4921.99, or
4923.99 of the
Revised Code; investigate and report violations of all laws
relating to the collection of excise taxes on motor vehicle
fuels; and regulate the movement of traffic on the roads and
highways of the state, notwithstanding section 4513.39 of the
Revised Code. The patrol, whenever possible, shall determine the identity
of the persons who are causing or who are responsible for the
breaking, damaging, or destruction of any improved surfaced
roadway, structure, sign, marker, guardrail, or other
appurtenance constructed or maintained by the department of
transportation and shall arrest the persons who are responsible
for the breaking, damaging, or destruction and bring them before
the proper officials for prosecution. State highway patrol troopers shall investigate and report
all motor vehicle accidents on all roads and highways outside of
municipal corporations. The superintendent of the patrol or any
state highway patrol trooper may arrest, without a warrant, any
person, who is the driver of or a passenger in any vehicle
operated or standing on a state highway, whom the superintendent or trooper
has reasonable
cause to believe is guilty of a felony, under the same
circumstances and with the same power that any peace officer may
make such an arrest. The superintendent or any state highway patrol trooper may
enforce the criminal laws on all state properties and state
institutions, owned or leased by the state, and, when so ordered
by the governor in the event of riot, civil disorder, or
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the
Revised Code, arrest offenders against the criminal laws wherever
they may be found within the state if the violations occurred
upon, or resulted in injury to person or property on, state
properties or state institutions, or under the conditions
described in division (B) or (C) of this section. (B) In the event of riot, civil disorder, or insurrection,
or the reasonable threat of riot, civil disorder, or
insurrection, and upon request, as provided in this section, of
the sheriff of a county or the mayor or other chief executive of
a municipal corporation, the governor may order the state highway
patrol to enforce the criminal laws within the area threatened by
riot, civil disorder, or insurrection, as designated by the
governor, upon finding that law enforcement agencies within the
counties involved will not be reasonably capable of controlling
the riot, civil disorder, or insurrection and that additional
assistance is necessary. In cities in which the sheriff is under
contract to provide exclusive police services pursuant to section
311.29 of the Revised Code, in villages, and in the
unincorporated areas of the county, the sheriff has exclusive
authority to request the use of the patrol. In cities in which
the sheriff does not exclusively provide police services, the
mayor, or other chief executive performing the duties of mayor,
has exclusive authority to request the use of the patrol. The superintendent or any state highway patrol trooper may
enforce the criminal laws within the area designated by the
governor during the emergency arising out of the riot, civil
disorder, or insurrection until released by the governor upon
consultation with the requesting authority. State highway patrol
troopers shall never be used as peace officers in connection with
any strike or labor dispute. When a request for the use of the patrol is made pursuant
to this division, the requesting authority shall notify the law
enforcement authorities in contiguous communities and the sheriff
of each county within which the threatened area, or any part of
the threatened area, lies of the request, but the failure to
notify the authorities or a sheriff shall not affect the validity
of the request. (C) The state highway patrol may provide emergency assistance to a school district if all of the following apply:
(1) The school district has received a threat of a bomb, fire, explosion, or similar catastrophic event concerning one or more school buildings, facilities, or vehicles;
(2) The threat poses a risk of imminent harm to persons or property under the authority or control of the school district;
(3) The school district believes immediate assistance is required; and
(4) The state highway patrol receives a written request for emergency assistance from either of the following:
(a) The sheriff of any county in which territory of the school district is located; or
(b) The chief law enforcement officer of any municipal corporation located wholly or partly within the territorial boundaries of the school district. (D) Any person who is arrested by the superintendent or a
state highway patrol trooper shall be taken before any court or
magistrate having jurisdiction of the offense with which the
person is charged. Any person who is arrested or apprehended
within the limits of a municipal corporation shall be brought
before the municipal court or other tribunal of the municipal
corporation. (D)(E)(1) State highway patrol troopers have the same right
and power of search and seizure as other peace officers.
No state official shall command, order, or direct any state
highway patrol trooper to perform any duty or service that is not
authorized by law. The powers and duties conferred on the patrol
are supplementary to, and in no way a limitation on, the powers
and duties of sheriffs or other peace officers of the state. (2)(a) A Except as otherwise provided in division (C) of this section, a state highway patrol trooper, pursuant to the
policy established by the superintendent of the state highway
patrol under division (D)(E)(2)(b) of this section, may render
emergency assistance to any other peace officer who has arrest
authority under section 2935.03 of the Revised Code, if both of
the following apply: (i) There is a threat of imminent physical danger to the
peace officer, a threat of physical harm to another person, or
any other serious emergency situation; (ii) Either the peace officer requests emergency
assistance or it appears that the peace officer is unable to
request emergency assistance and the circumstances observed by
the state highway patrol trooper reasonably indicate that
emergency assistance is appropriate. (b) The superintendent of the state highway patrol shall
establish, within sixty days of August 8, 1991, a policy that
sets forth the manner and procedures by which a state highway
patrol trooper may render emergency assistance to any other peace
officer under division (D)(E)(2)(a) of this section. The policy
shall include a provision that a state highway patrol trooper
never be used as a peace officer in connection with any strike or
labor dispute. (3)(a) A state highway patrol trooper who renders
emergency assistance to any other peace officer under the policy
established by the superintendent pursuant to division (D)(E)(2)(b)
of this section or who renders emergency assistance as provided in division (C) of this section shall be considered to be performing regular
employment for the purposes of compensation, pension, indemnity
fund rights, workers' compensation, and other rights or benefits
to which the trooper may be entitled as incident to
regular employment. (b) A state highway patrol trooper who renders emergency
assistance to any other peace officer under the policy
established by the superintendent pursuant to division (D)(E)(2)(b)
of this section or who renders emergency assistance as provided in division (C) of this section retains personal immunity from liability as
specified in section 9.86 of the Revised Code. (c) A state highway patrol trooper who renders emergency
assistance under the policy established by the superintendent
pursuant to division (D)(E)(2)(b) of this section has the same
authority as the peace officer for or with whom the state highway
patrol trooper is providing
emergency assistance. (E)(F)(1) Subject to the availability of funds specifically
appropriated by the general assembly for security detail
purposes, the state highway patrol shall provide security as
follows:
(b) At the direction of the governor, for other officials
of the state government of this state; officials of the state
governments of other states who are visiting this state;
officials of the United States government who are visiting this
state; officials of the governments of foreign countries or their
political subdivisions who are visiting this state; or other
officials or dignitaries who are visiting this state, including,
but not limited to, members of trade missions; (c) For the capitol square, as defined in section
105.41 of the Revised Code; (d) For other state property. (2) To carry out the security responsibilities of the
patrol listed in division (E)(F)(1) of this section, the
superintendent may assign state highway patrol troopers to a
separate unit that is responsible for security details. The
number of troopers assigned to particular security details shall
be determined by the superintendent. (3) The superintendent and any state highway patrol
trooper, when providing security pursuant to division (E)(F)(1)(a)
or (b) of this section, have the same arrest powers as other
peace officers to apprehend offenders against the criminal laws
who endanger or threaten the security of any person being
protected, no matter where the offense occurs. The superintendent, any state highway patrol trooper, and any special
police officer designated under section 5503.09 of the Revised Code, when
providing security pursuant to division (E)(F)(1)(c) of this
section, shall enforce any rules governing capitol square adopted by the
capitol square review and advisory board. (F)(G) The governor may order the state highway patrol to
undertake major criminal investigations that involve state
property interests. If an investigation undertaken pursuant to
this division results in either the issuance of a no bill or the
filing of an indictment, the superintendent shall file a complete
and accurate report of the investigation with the president of
the senate, the speaker of the house of representatives, the
minority leader of the senate, and the minority leader of the
house of representatives within fifteen days after the issuance
of the no bill or the filing of an indictment. If the
investigation does not have as its result any prosecutorial
action, the superintendent shall, upon reporting this fact to the
governor, file a complete and accurate report of the
investigation with the president of the senate, the speaker of
the house of representatives, the minority leader of the senate,
and the minority leader of the house of representatives.
(G)(H) The superintendent may purchase or lease real property and buildings
needed by the patrol, negotiate the sale of real property owned by the patrol,
rent or lease real property owned or leased by the patrol, and make or cause
to be made repairs to all property owned or under the control of the patrol.
Any instrument by which real property is acquired pursuant to this division
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sections 123.01 and 125.02 of the Revised Code do not limit the powers granted
to the superintendent by this division.
Section 2. That existing sections 2917.31, 4501.11 and 5503.02 of the Revised Code are hereby repealed.
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