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Am. Sub. H. B. No. 142 As Passed by the SenateAs Passed by the Senate
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, Aslanides, Domenick, Boyd, DeBose, Distel, Dyer, Flowers, Gibbs, Hagan, J., Healy, Hite, Hughes, Mallory, Mandel, Oelslager, Otterman, Patton, Peterson, Schindel, Wagoner, Webster, Yuko, Zehringer
Senators Grendell, Schaffer, Faber, Cates, Harris, Niehaus, Padgett, Spada
A BILL
To amend sections 2917.31 and 3313.482 of the Revised
Code to
increase the penalty for inducing panic
to a
felony of the second degree when a school or
an
institution of higher education is involved,
and to permit school districts to make up
calamity days caused other than by a bomb threat
in excess of the total number of days specified in
their contingency plans and otherwise allowed by
adding extra hours to the
remaining days in the
school year.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2917.31 and 3313.482 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 or an institution of higher
education, 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.
(6) "Institution of higher education" means any of the
following:
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 3313.482. (A) Annually, prior to the first day of
September, the board of
education of each city, local, and
exempted village school district shall
adopt a resolution
specifying a contingency plan under which the district's
students
will make up days on which it was necessary to close schools for
any
of the reasons specified in division (B) of section 3317.01 of
the Revised
Code, if any such days must be made up in order to
comply with the
requirements of that section and sections 3313.48
and 3313.481 of the Revised
Code. The resolution shall provide in
the plan for making up at least five
full school days. No
resolution adopted pursuant to this
division shall conflict with
any collective
bargaining agreement into which a board has entered
pursuant to Chapter 4117.
of the Revised Code and that is in
effect in the district.
(b)(B) Notwithstanding the content of the contingency
plan it
adopts under division (A) of this
section, if a school district
closes or evacuates any school
building as a result of a bomb
threat or any other report of an alleged
or
impending explosion,
and if, as a result of the closing or
evacuation, the
school
district would be unable to meet the
requirements of sections
3313.48,
3313.481, and 3317.01 of the
Revised Code regarding the
number of days schools must
be open for
instruction or the
requirements of the state minimum standards for
the school day
that are established by the department of education
regarding
the
number of hours there must be in the school day, the
school
district may
increase the length of one or more other
school days
for the school that was
closed or evacuated, in
increments of
one-half hour, to make up the number of
hours or
days that the
school building in question was so closed or
evacuated
for the
purpose of satisfying the requirements of those
sections
regarding the
number of days schools must be open for
instruction
or the requirements of
those standards regarding the
number of
hours there must be in the school day.
Notwithstanding
(C) If a school district closes or evacuates any school
building for any of the reasons specified in division (B) of
section 3317.01 of the Revised Code, and if for that school the
total number of full school days specified in the district's
contingency plan adopted under division (A) of this section is
insufficient to enable the school district to meet the
requirements of sections 3313.48, 3313.481, and 3317.01 of the
Revised Code regarding the number of days schools must be open for
instruction or the requirements of the state minimum standards for
the school day that are established by the department of education
regarding the number of hours there must be in the school day, the
school district may increase the length of one or more other
school days for the school that was closed or evacuated, in
increments of one-half hour, to make up the number of hours or
days that the school building in question was so closed or
evacuated for the purpose of satisfying the requirements of those
sections regarding the number of days schools must be open for
instruction or the requirements of those standards regarding the
number of hours there must be in the school day. The district
shall not be required to actually make up any of the days
specified in the district's contingency plan prior to increasing
the length of one or more school days to make up the shortage of
hours or days caused by the school's closure or evacuation, but in
no case shall the district fail to make up the total number of
full school days specified in the contingency plan in accordance
with that plan.
(D) If a school district closes or evacuates a school
building as a result of a bomb threat or any other report of an
alleged or impending explosion and also closes or evacuates that
school building on a different day for any of the reasons
specified in division (B) of section 3317.01 of the Revised Code,
division (B) of this section applies regarding the closing or
evacuation of the school building as a result of the bomb threat
or report of an alleged or impending explosion and division (C) of
this section applies regarding the closing or evacuation of the
school building for the reason specified in division (B) of
section 3317.01 of the Revised Code.
Notwithstanding the provisions of sections 3313.48, 3313.481,
and 3317.01 of
the
Revised Code and the requirements of the state
minimum
standards
for the school day that are established by the
department of
education and notwithstanding the content of the
contingency plan
it adopts
under division (A) of this section
regarding the closing or evacuation of a school building as a
result of a bomb threat or any other report of an alleged or
impending explosion, a school
district
that makes up, as
described in this division (B) or (C) of this section, all of the
hours or
days
that its school buildings were so closed or
evacuated for any of the reasons identified in division (B) or (C)
of this section shall
be deemed to have
complied with the
requirements of those sections
regarding the number of days
schools must be open for instruction
and the requirements of
those minimum
standards regarding the
number of hours there must
be in the school day.
Section 2. That existing sections 2917.31 and 3313.482 of the
Revised Code
is hereby repealed.
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