To amend section 2921.04 of the Revised Code to specify that the offense of intimidation of an attorney, victim, or witness in a criminal case also applies to delinquency cases and to any attempt to influence, intimidate, or hinder a witness to a criminal or delinquent act in the discharge of the duty of a witness, and to prohibit any attempt to influence, intimidate, or hinder a victim, witness, or attorney through any act of unlawful conduct.

Section 1. That section 2921.04 of the Revised Code be amended to read as follows:

Sec. 2921.04.  (A) No person shall knowingly attempt to intimidate or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal or delinquent child charges or a witness involved in to a criminal action or proceeding or delinquent act in the discharge of the duties of the witness.

(B) No person, knowingly and by force, unlawful conduct, or by unlawful an express or implied threat of harm to any person or property, shall attempt to influence, intimidate, or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal or delinquent child charges or an attorney or, a witness to a criminal or delinquent act in the discharge of the duty of a witness, or an attorney involved in a criminal or delinquent child action or proceeding in the discharge of the duties of the attorney or witness.

(C) Division (A) of this section does not apply to any person who is attempting to resolve a dispute pertaining to the alleged commission of a criminal offense, either prior to or subsequent to the filing of a complaint, indictment, or information, by participating in the arbitration, mediation, compromise, settlement, or conciliation of that dispute pursuant to an authorization for arbitration, mediation, compromise, settlement, or conciliation of a dispute of that nature that is conferred by any of the following:

(1) A section of the Revised Code;

(2) The Rules of Criminal Procedure, the Rules of Superintendence for Municipal Courts and County Courts, the Rules of Superintendence for Courts of Common Pleas, or another rule adopted by the supreme court in accordance with section 5 of Article IV, Ohio Constitution;

(3) A local rule of court, including, but not limited to, a local rule of court that relates to alternative dispute resolution or other case management programs and that authorizes the referral of disputes pertaining to the alleged commission of certain types of criminal offenses to appropriate and available arbitration, mediation, compromise, settlement, or other conciliation programs;

(4) The order of a judge of a municipal court, county court, or court of common pleas.

(D) Whoever violates this section is guilty of intimidation of an attorney, victim, or witness in a criminal case. A violation of division (A) of this section is a misdemeanor of the first degree. A violation of division (B) of this section is a felony of the third degree.

(E) As used in this section:

(1) "Duty of a witness" includes, but is not limited to, reporting a crime or delinquent act to a law enforcement agency, cooperating with law enforcement officers and the prosecuting attorney, and testifying in a court of law.

(2) "Unlawful conduct" means:

(a) Conduct that violates established criminal or civil law;

(b) Threatening to commit any offense;

(c) Uttering or threatening any calumny against any person;

(d) Exposing or threatening to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person's personal or business repute, or to impair any person's credit;

(e) Instituting or threatening criminal proceedings against any person;

(f) Taking, withholding, or threatening to take or withhold official action, or causing or threatening to cause official action to be taken or withheld.

(3) "Witness" means any person who has or claims to have knowledge concerning a fact or facts concerning a criminal or delinquent act, whether or not criminal or delinquenct child charges are actually filed.

Section 2. That existing section 2921.04 of the Revised Code is hereby repealed.