Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-06-29 - To Criminal Justice
[HB243 Detail]Download: Ohio-2009-HB243-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Representatives Letson, Burke
Cosponsors:
Representatives Baker, Chandler, Derickson, Domenick, Gardner, Garland, Grossman, Hagan, Harwood, Huffman, McClain, Morgan, Murray, Pillich, Stautberg, Stebelton, Stewart, Wagner, Williams, B., Yuko
A BILL
| To amend section 2921.04 of the Revised Code to | 1 |
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specify that the offense of intimidation of an | 2 |
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attorney, victim, or witness in a criminal case | 3 |
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also applies to delinquency cases and to any | 4 |
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attempt to influence, intimidate, or hinder a | 5 |
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witness to a criminal or delinquent act in the | 6 |
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discharge of the duty of a witness, and to | 7 |
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prohibit any attempt to influence, intimidate, or | 8 |
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hinder a victim, witness, or attorney through any | 9 |
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act of unlawful conduct. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2921.04 of the Revised Code be | 11 |
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amended to read as follows: | 12 |
| Sec. 2921.04. (A) No person shall knowingly attempt to | 13 |
intimidate or hinder the victim of a crime or delinquent act in | 14 |
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the filing or
prosecution of criminal or delinquent child charges | 15 |
or a witness involved into a criminal
action or proceedingor | 16 |
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delinquent act in the discharge of the duties of the witness. | 17 |
| (B) No person, knowingly and by force, unlawful conduct, or | 18 |
by unlawfulan express or implied threat of harm to any person or | 19 |
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property, shall attempt to
influence, intimidate, or hinder the | 20 |
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victim of a crime or delinquent act in the
filing or prosecution | 21 |
of criminal or delinquent child charges or an attorney
or, a | 22 |
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witness to a criminal or delinquent act in the discharge of the | 23 |
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duty of a witness, or an attorney involved in a
criminal or | 24 |
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delinquent child action or proceeding in the discharge of the | 25 |
duties of the
attorney or witness. | 26 |
| (C) Division (A) of this section does not apply to any
person | 27 |
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who is attempting to resolve a dispute pertaining to the
alleged | 28 |
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commission of a criminal offense, either prior to or
subsequent to | 29 |
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the filing of a complaint, indictment, or
information, by | 30 |
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participating in the arbitration, mediation, compromise, | 31 |
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settlement,
or conciliation of that dispute
pursuant to an | 32 |
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authorization for arbitration, mediation, compromise, settlement, | 33 |
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or
conciliation of a dispute of that nature that is conferred by | 34 |
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any of the
following: | 35 |
| (1) A section of the Revised Code; | 36 |
| (2) The Rules of Criminal Procedure, the
Rules of | 37 |
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Superintendence for Municipal Courts and
County
Courts, the Rules | 38 |
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of Superintendence for
Courts of
Common Pleas, or another rule | 39 |
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adopted by the supreme court
in
accordance with section 5 of | 40 |
|
Article IV, Ohio
Constitution; | 41 |
| (3) A local rule of court, including, but not limited to, a | 42 |
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local rule of
court
that relates to alternative dispute resolution | 43 |
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or other case management
programs and that authorizes the referral | 44 |
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of disputes pertaining to the
alleged
commission of certain types | 45 |
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of criminal offenses to appropriate and available
arbitration, | 46 |
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mediation, compromise, settlement, or other conciliation
programs; | 47 |
| (4) The order of a judge of a municipal court, county court, | 48 |
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or court of
common pleas. | 49 |
| (D) Whoever violates this section is guilty of
intimidation | 50 |
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of an attorney, victim, or witness
in a criminal case. A violation | 51 |
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of division
(A) of this section is a misdemeanor of the first | 52 |
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degree.
A violation of division (B) of this section is a
felony | 53 |
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of the third degree. | 54 |
| (E) As used in this section: | 55 |
| (1) "Duty of a witness" includes, but is not limited to, | 56 |
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reporting a crime or delinquent act to a law enforcement agency, | 57 |
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cooperating with law enforcement officers and the prosecuting | 58 |
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attorney, and testifying in a court of law. | 59 |
| (2) "Unlawful conduct" means: | 60 |
| (a) Conduct that violates established criminal or civil law; | 61 |
| (b) Threatening to commit any offense; | 62 |
| (c) Uttering or threatening any calumny against any person; | 63 |
| (d) Exposing or threatening to expose any matter tending to | 64 |
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subject any person to hatred, contempt, or ridicule, to damage any | 65 |
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person's personal or business repute, or to impair any person's | 66 |
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credit; | 67 |
| (e) Instituting or threatening criminal proceedings against | 68 |
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any person; | 69 |
| (f) Taking, withholding, or threatening to take or withhold | 70 |
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official action, or causing or threatening to cause official | 71 |
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action to be taken or withheld. | 72 |
| (3) "Witness" means any person who has or claims to have | 73 |
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knowledge concerning a fact or facts concerning a criminal or | 74 |
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delinquent act, whether or not criminal or delinquenct child | 75 |
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charges are actually filed. | 76 |
| Section 2. That existing section 2921.04 of the Revised Code | 77 |
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is hereby repealed. | 78 |
