H.B.
132
127th General Assembly
(As Introduced)
Reps. Hughes, Bacon, Flowers, J. McGregor, Evans, Collier, D. Stewart, B. Williams, Yuko, White, Adams, DeGeeter
BILL SUMMARY
· Prohibits any person, without privilege to do so on real property owned by a person other than the offender, from (1) setting a fire, causing a fire to be set, or adding fuel or a combustible substance to a trash receptacle, a dumpster, or to a fire that is already burning, or (2) adding fuel or a combustible substance to combustible personal property, a motor vehicle, or a fire that is already burning.
· Provides that a violation of the prohibition described in the preceding dot point is the offense of "unlawful property burning," which is generally a misdemeanor of the second degree with a mandatory fine of $750.
· Elevates unlawful property burning to a misdemeanor of the first degree with a mandatory jail term of at least three days and a fine of $1,000 if (1) the fire, receptacle, dumpster, combustible personal property, or motor vehicle that is involved in the violation is located within 20 feet of a residence, vehicle, or other property that belongs to a person other than the offender, or (2) the violation creates a hazardous or hostile working condition for any emergency personnel.
CONTENT AND OPERATION
The bill prohibits any person, without privilege to do so on real property owned by a person other than the offender, from doing either of the following (R.C. 2909.031(A)):
(1) Setting a fire, causing a fire to be set, or adding fuel or a combustible substance to a trash receptacle, a dumpster, or to a fire that is already burning.
(2) Adding fuel or a combustible substance to combustible personal property, a motor vehicle, or a fire that is already burning.
The bill names a violation of either of these prohibitions the offense of "unlawful property burning." Generally, unlawful property burning is a misdemeanor of the second degree, and the court must impose on the offender the maximum fine available (currently $750) (R.C. 2909.031(B)(1)). However, unlawful property burning is a misdemeanor of the first degree with a mandatory jail term of at least three days and the maximum available fine (currently $1,000) if either of the following applies (R.C. 2909.031(B)(2) and 2929.01(U)):
(1) The fire, receptacle, dumpster, combustible personal property, or motor vehicle that is involved in the violation is located within 20 feet of a residence, vehicle, or other property that belongs to a person other than the offender.
(2) The violation creates a hazardous or hostile working condition for any emergency personnel.
HISTORY
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ACTION |
DATE |
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Introduced |
03-27-07 |
h0132-i-127.doc/kl