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hb20_05_EN
(136th General Assembly)
(Substitute
House Bill Number 20)
AN
ACT
To amend sections 2903.22 and
2921.31 of the Revised Code to modify the offense of obstructing
official business when the victim is an emergency service responder,
to increase the penalty for obstructing official business when the
victim is an emergency service responder who is engaged in the lawful
performance of a legal duty, and to clarify that heightened penalties
apply for menacing a probation officer.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections
2903.22
and
2921.31
of the Revised Code be
amended
to
read as follows:
Sec.
2903.22.
(A)(1)
No person shall knowingly cause another to believe that the offender
will cause physical harm to the person or property of the other
person, the other person's unborn, or a member of the other person's
immediate family. In addition to any other basis for the other
person's belief that the offender will cause physical harm to the
person or property of the other person, the other person's unborn, or
a member of the other person's immediate family, the other person's
belief may be based on words or conduct of the offender that are
directed at or identify a corporation, association, or other
organization that employs the other person or to which the other
person belongs.
(2)
No person shall knowingly place or attempt to place another in
reasonable fear of physical harm or death by displaying a deadly
weapon, regardless of whether the deadly weapon displayed is operable
or inoperable, if either of the following applies:
(a)
The other person is an emergency service responder, the person knows
or reasonably should know that the other person is an emergency
service responder, and it is the person's specific purpose to engage
in the specified conduct against an emergency service responder.
(b)
The other person is a family or household member or co-worker of an
emergency service responder, the person knows or reasonably should
know that the other person is a family or household member or
co-worker of an emergency service responder, and it is the person's
specific purpose to engage in the specified conduct against a family
or household member or co-worker of an emergency service responder.
(B)
Whoever violates this section is guilty of menacing.
Except
as otherwise provided in this division, menacing is a misdemeanor of
the fourth degree. If the victim of the offense is an officer or
employee of a public children services agency or a private child
placing agency and the offense relates to the officer's or employee's
performance or anticipated performance of official responsibilities
or duties or if the victim of the offense is an emergency service
responder in the performance of the responder's official duties,
menacing is one of the following:
(1)
Except as otherwise provided in division (B)(2) of this section, a
misdemeanor of the first degree;
(2)
If the offender previously has been convicted of or pleaded guilty to
an offense of violence, the victim of that prior offense was an
officer or employee of a public children services agency or private
child placing agency or an emergency service responder, and that
prior offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties or to
the responder's performance of the responder's official duties, a
felony of the fourth degree.
(C)
A prosecution for a violation of this section does not preclude a
prosecution of a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted
of or pleads guilty to a violation of this section and also is
convicted of or pleads guilty to a violation of section 2903.13 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, the two offenses
are allied offenses of similar import under section 2941.25 of the
Revised Code.
(D)
As used in this section:
(1)
"Emergency service responder
,
"
"family
has
the same meaning as in section 2903.13 of the Revised Code and also
includes a probation officer.
(2)
"Family
or
household member
,
"
and "co-worker" have the same meanings as in section
2903.13 of the Revised Code.
(2)
(3)
"Organization" includes an entity that is a governmental
employer.
(4)
"Probation officer" means a probation officer appointed by
a municipal court under section 1901.33 of the Revised Code, a
probation officer appointed by a county court under section 1907.201
of the Revised Code, and a probation officer appointed by a court of
common pleas under section 2301.27 of the Revised Code.
Sec.
2921.31.
(A)
As
used in this section:
(1)
"Emergency service responder" has the same meaning as in
section 2903.22 of the Revised Code.
(2)
"Warning" means a verbal command made by an emergency
service responder through which the emergency service responder does
both of the following:
(a)
Commands a person to maintain the person's distance, to stay away, to
back away, to not interfere, or another similar instruction;
(b)
Communicates the verbal command in a manner such that a reasonable
person would believe that the person must comply with the verbal
command under the circumstances.
(B)
No
person, without privilege to do so and with purpose to prevent,
obstruct, or delay the performance by a public official of any
authorized act within the public official's official capacity, shall
do any act that hampers or impedes a public official in the
performance of the public official's lawful duties.
(B)
(C)
No person, without privilege to do so, and after receiving a warning,
shall knowingly approach or remain within fifteen feet of an
emergency service responder engaged in the lawful performance of the
responder's legal duty and do either of the following:
(1)
Impede or interfere with the emergency service responder's ability to
perform the responder's legal duty;
(2)
Threaten the emergency service responder with physical harm.
(D)(1)
Whoever violates this section is guilty of obstructing official
business. Except as otherwise provided in
this
division
divisions
(D)(2), (3), and (4) of this section
,
obstructing official business is a misdemeanor of the second degree.
(2)
If the victim is an emergency service responder engaged in the lawful
performance of the responder's legal duty, and the responder issued a
warning to the person before the person engaged in or continued to
engage in the conduct described in division (B) of this section,
obstructing official business is a misdemeanor of the first degree.
(3)
If
a violation of this section creates a risk of physical harm to
any
a
person
other than an emergency service responder
,
obstructing official business is a felony of the fifth degree.
(4)
If a violation of this section creates a risk of physical harm to an
emergency service responder, obstructing official business is a
felony of the fourth degree.
Section
2.
That
existing
sections
2903.22
and 2921.31
of the Revised Code
are
hereby
repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________