Subject: Analysis of House Bill No. 20: Protecting Emergency Service Responders and Clarifying Menacing Penalties
Summary:
Ohio House Bill No. 20 proposes amendments to Ohio Revised Code section 2903.22 (menacing) and introduces a new section, 2927.31, to specifically address the harassment of emergency service responders. The bill aims to protect these individuals while they are performing their legal duties by creating a new crime of “harassing an emergency service responder” and clarifying that heightened penalties apply for menacing a probation officer. It also enhances penalties for menacing emergency service responders and personnel from public children services agencies.
Key Themes and Provisions:
- Harassment of Emergency Service Responders (New Section 2927.31):
- Definition of Harassment: The bill defines “harass” in two ways:
- “(a) To engage in a course of conduct to which all of the following apply: (i) It is directed at an emergency service responder. (ii) It causes substantial emotional distress to the emergency service responder. (iii) It interferes with the emergency service responder lawfully performing a legal duty.”
- “(b) To interrupt, disrupt, hinder, impede, or interfere with an emergency service responder’s ability to lawfully perform a legal duty.”
- Prohibited Conduct: The bill prohibits knowingly harassing an emergency service responder engaged in their duties when:
- The person received a warning from the emergency service responder not to approach.
- The person approached or remained within fourteen feet of the emergency service responder after receiving the warning.
- Penalty: Violating this provision constitutes “harassing an emergency service responder,” a misdemeanor of the first degree.
- Enhanced Penalties for Menacing Emergency Service Responders and Public Children Services Agency Personnel (Amendment to Section 2903.22):
- The bill amends section 2903.22 to increase the penalty for menacing an emergency service responder in the performance of their official duties from a misdemeanor of the fourth degree to a misdemeanor of the first degree.
- It also specifies that if the offender has a prior conviction for an offense of violence against 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 their official duties, the current menacing offense becomes a felony of the fourth degree.
- Clarification Regarding Menacing a Probation Officer:
- The bill explicitly includes probation officers within the definition of “emergency service responder” for the purposes of the menacing statute. Section 2903.22(D)(1) states: ” ‘Emergency service responder,’ ‘family has the same meaning as in section 2903.13 of the Revised Code and also includes a probation officer.” This means that menacing a probation officer in the performance of their official duties will be subject to the enhanced penalties outlined above.
- Definition of Emergency Service Responder: The bill relies on the existing definition of “emergency service responder” as defined in section 2903.22 of the Revised Code.
Important Considerations:
- The bill focuses on protecting emergency service responders while they are performing their legal duties. The harassment provision requires a link between the harassing conduct and the responder’s ability to lawfully perform their duties.
- The bill requires that an individual receive a warning before being charged with harassing an emergency service responder under the “fourteen feet” provision.
- The bill does not define “Emergency service responder” but references its meaning from section 2903.22 of the Revised Code.