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Sub. H. B. No. 20 As Reported by the Senate Judiciary CommitteeAs Reported by the Senate Judiciary Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Burke, Letson
Cosponsors:
Representatives Amstutz, Boose, Derickson, Gardner, Grossman, Murray, Pillich, Snitchler, Stautberg, Stinziano, Winburn, Garland, Bubp, Blessing, Hayes, Slaby, Adams, R., Anielski, Ashford, Barnes, Beck, Blair, Brenner, Butler, Carney, Coley, Combs, DeGeeter, Dovilla, Driehaus, Fedor, Fende, Gerberry, Gonzales, Goyal, Hackett, Hagan, C., Hagan, R., Luckie, Lundy, Mallory, McClain, McKenney, Milkovich, Newbold, O'Brien, Patmon, Phillips, Ramos, Reece, Roegner, Rosenberger, Ruhl, Sears, Szollosi, Thompson, Uecker, Weddington, Young Speaker Batchelder
Senators Wagoner, Obhof
A BILL
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 attempts
to influence, intimidate, or hinder a witness to a
criminal or delinquent act regardless of whether
an action or proceeding is pending.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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 charges or a delinquent
child action or proceeding, and no person shall knowingly attempt
to intimidate a witness involved in to a criminal
action or
proceeding in the discharge of the duties of the witness
or
delinquent act by reason of the person being a witness to that
act.
(B) No person, knowingly and by force or by unlawful threat
of harm to any person or property or by unlawful threat to commit
any offense or calumny against any person, shall attempt to
influence, intimidate, or hinder the any of the following persons:
(1) The victim of a crime or delinquent act in the filing or
prosecution of criminal charges or an attorney or a delinquent
child action or proceeding;
(2) A witness involved in a to a criminal or delinquent act
by reason of the person being a witness to that act;
(3) An attorney by reason of the attorney's involvement in
any 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, "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 delinquent child charges are actually filed.
Section 2. That existing section 2921.04 of the Revised Code
is hereby repealed.
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