As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 243


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
specify that the offense of intimidation of an 2
attorney, victim, or witness in a criminal case 3
also applies to delinquency cases and to any 4
attempt to influence, intimidate, or hinder a 5
witness to a criminal or delinquent act in the 6
discharge of the duty of a witness, and to 7
prohibit any attempt to influence, intimidate, or 8
hinder a victim, witness, or attorney through any 9
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
amended to read as follows:12

       Sec. 2921.04.  (A) No person shall knowingly attempt to13
intimidate or hinder the victim of a crime or delinquent act in 14
the filing or prosecution of criminal or delinquent child charges 15
or a witness involved into a criminal action or proceedingor 16
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
property, shall attempt to influence, intimidate, or hinder the 20
victim of a crime or delinquent act in the filing or prosecution 21
of criminal or delinquent child charges or an attorney or, a22
witness to a criminal or delinquent act in the discharge of the 23
duty of a witness, or an attorney involved in a criminal or 24
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
who is attempting to resolve a dispute pertaining to the alleged 28
commission of a criminal offense, either prior to or subsequent to 29
the filing of a complaint, indictment, or information, by30
participating in the arbitration, mediation, compromise, 31
settlement, or conciliation of that dispute pursuant to an32
authorization for arbitration, mediation, compromise, settlement, 33
or conciliation of a dispute of that nature that is conferred by 34
any of the following:35

       (1) A section of the Revised Code;36

       (2) The Rules of Criminal Procedure, the Rules of37
Superintendence for Municipal Courts and County Courts, the Rules 38
of Superintendence for Courts of Common Pleas, or another rule 39
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
local rule of court that relates to alternative dispute resolution 43
or other case management programs and that authorizes the referral 44
of disputes pertaining to the alleged commission of certain types 45
of criminal offenses to appropriate and available arbitration, 46
mediation, compromise, settlement, or other conciliation programs;47

       (4) The order of a judge of a municipal court, county court, 48
or court of common pleas.49

       (D) Whoever violates this section is guilty of intimidation 50
of an attorney, victim, or witness in a criminal case. A violation 51
of division (A) of this section is a misdemeanor of the first 52
degree. A violation of division (B) of this section is a felony 53
of the third degree.54

       (E) As used in this section:55

       (1) "Duty of a witness" includes, but is not limited to, 56
reporting a crime or delinquent act to a law enforcement agency, 57
cooperating with law enforcement officers and the prosecuting 58
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
subject any person to hatred, contempt, or ridicule, to damage any 65
person's personal or business repute, or to impair any person's 66
credit;67

       (e) Instituting or threatening criminal proceedings against 68
any person;69

       (f) Taking, withholding, or threatening to take or withhold 70
official action, or causing or threatening to cause official 71
action to be taken or withheld.72

       (3) "Witness" means any person who has or claims to have 73
knowledge concerning a fact or facts concerning a criminal or 74
delinquent act, whether or not criminal or delinquenct child 75
charges are actually filed.76

       Section 2. That existing section 2921.04 of the Revised Code 77
is hereby repealed.78