O
hio Legislative Service Commission
122nd Senate Bill Analysis
S.B. 215
122nd General Assembly
(As Introduced)


Makes the penalty for a second or subsequent conviction of menacing by stalking a felony of the fifth degree, regardless of whether the offenses resulting in the convictions involved the same victim.

CONTENT AND OPERATION

Existing law

Existing section 2903.211 prohibits a person, by engaging in a "pattern of conduct" (see below), from knowingly causing another to believe that the offender will cause "physical harm" (see below) to the other person or cause "mental distress" (see below) to the other person. Whoever violates this prohibition is guilty of the offense of "menacing by stalking" Menacing by stalking generally is a misdemeanor of the first degree and is a felony of the fifth degree if the offender previously has been convicted of or pleaded guilty to menacing by stalking and if both the offense for which sentence is being imposed and the previous offense involved the same person as the victim. (R.C. 2913.211(A) and (B).)

As used in the offense of menacing by stalking (R.C. 2903.211(C)): (1) "pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents; and (2) "mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment. As used in the Revised Code, "physical harm to persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration (R.C. 2901.01).

Existing law sets forth special factors that generally must be considered in setting bail for a person charged with menacing by stalking (R.C. 2903.212), authorizes the issuance in specified circumstances of an anti-stalking protection order as a pretrial condition of release of a person who is charged with menacing by stalking or certain specified menacing-related or assault-related offenses (R.C. 2903.212), and, under the crime of "violating a protection order" (R.C. 2919.27), prohibits a person from recklessly violating the terms of an anti-stalking protection order.

Operation of the bill

In the existing provision that specifies that menacing by stalking is a felony of the fifth degree if the offender previously has been convicted of or pleaded guilty to menacing by stalking and if both the offense for which sentence is being imposed and the previous offense involved the same person as the victim, the bill eliminates the requirement that both the offense for which sentence is being imposed and the previous offense must have involved the same person as the victim. Thus, under the bill, a second or subsequent conviction of menacing by stalking always is a felony of the fifth degree, regardless of whether at least two of the offenses resulting in the convictions involved the same victim. (R.C. 2903.211(B).)

HISTORY

ACTION DATE JOURNAL ENTRY

Introduced 01-08-98 p. 1489



Top of Page



Home | Ohio General Assembly
LSC 122nd GA Status Sheet | LSC 122nd GA Bill Analyses
Senate Analyses | Final Analyses | Digest

Help using this Web Site
This site is updated daily Monday through Friday


State of Ohio

LSC - 122nd Legislative Analyses