Ohio Senate Passes Animal Rights Terrorism Bill

In March, the Ohio State Senate passed a bill designed to crack down on animal rights and environmental terrorism.

As part of a much larger bill on terrorism, Ohio Senator Jeff Jacobson added language that increases penalties for acts of animal rights and environmental extremism committed in Ohio.

According to the bill,

“Animal or ecological terrorism” means the commission of any felony that involves causing or creating a substantial risk of physical harm to any property of another, the use of a deadly weapon or dangerous ordnance, or purposely, knowingly, or recklessly causing serious physical harm to property and that involves an intent to obstruct, impede, or deter any person from participating in a lawful animal activity, from mining, foresting, harvesting, gathering, or processing natural resources, or from being lawfully present in or on an animal facility or research facility.

If the bill passes, such acts could be prosecutable under the Ohio’s racketeering statutes which allow for asset forfeiture after conviction.

Jacobs also appears to hold out hope that designating such acts as animal or ecological terrorism might lead to more federal prosecutions of such crimes under the provisions of the Patriot Act.

The full text of Ohio’s Senate Bill 9 can be read here.

Sources:

Ohio Looks to Crack Down on Ecoterrorists Associated Press, May 9, 2005.

Ohio Senate Bill 9 – Animal Rights/Environmental Terrorism

As Passed by the Senate

126th General Assembly
Regular Session
2005-2006
Sub. S. B. No. 9

Senators Jacobson, Clancy, Gardner, Harris, Spada, Cates, Austria 


A BILL

To amend sections 2901.13, 2909.21, 2923.31, 2933.51, 2935.03, 4507.08, 4561.99, 4931.49, and 5502.03, and to enact sections 9.63, 2909.26, 2909.27, 2909.28, 2909.29, 2909.30, 2909.31, 2909.32, 2909.33, 2909.34, 2921.29, 3750.22, 4561.26, 4563.30, and 5502.012 of the Revised Code to bar state and local employees from unreasonably failing to comply with certain requests for assistance by federal authorities regarding homeland security; to restrict municipal ordinances and other enactments from materially hindering or preventing compliance with immigration or terrorism investigations or with federal laws or orders pertaining to terrorism or homeland security; to create the offenses of criminal possession of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, criminal use of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, illegal assembly or possession of chemicals for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, and money laundering in support of terrorism; to provide a 20-year limitations period for certain terrorism-related offenses; to require prosecutors and judges to notify federal immigration authorities when an illegal alien is convicted of a felony; to provide for the transfer pursuant to a valid detainer from the Department of Rehabilitation and Correction to federal immigration authorities of an illegal alien in the Department’s custody upon completion of the alien’s prison term; to require persons in or near a critical transportation infrastructure site to show identification when requested by a law enforcement officer in specified circumstances; to require applicants for certain specified licenses to disclose through a questionnaire any material assistance they have provided to an organization on the United States Department of State Terrorist Exclusion List and generally restrict the issuance of the licenses to applicants who disclose any such material assistance; to generally prohibit the state or a political subdivision of the state from conducting business with any person, company, or others that provide, and from employing any person that provides, material assistance to any organization on the United States Department of State Terrorist Exclusion List; to require a person in a public place to provide the person’s name and other identifying information to a law enforcement officer when the officer has reasonable suspicion that either the person is or has been engaged in criminal activity or the person has witnessed a felony offense of violence; to include the terrorism-related offenses enacted in the bill and animal and ecological terrorism as “corrupt activity” under the Corrupt Activity Law; to include the terrorism-related offenses enacted in the bill as “designated offenses” for which an interception warrant may be issued under the Communications Interception Law; to clarify the authority of Ohio peace officers and Department of Public Safety personnel to assist federal law enforcement officers in certain circumstances; to prohibit the reinstatement of a suspended driver’s license to a person who is the subject of an active arrest warrant; to authorize emergency notification through the reverse-911 database; to provide certain security-related measures regarding public-use and private-use airports; and to expand the homeland security duties of the Department of Public Safety.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2901.13, 2909.21, 2923.31, 2933.51, 2935.03, 4507.08, 4561.99, 4931.49, and 5502.03 be amended and sections 9.63, 2909.26, 2909.27, 2909.28, 2909.29, 2909.30, 2909.31, 2909.32, 2909.33, 2909.34, 2921.29, 3750.22, 4561.26, 4563.30, and 5502.012 of the Revised Code be enacted to read as follows:

Sec. 9.63.  (A) Notwithstanding any law, ordinance, or collective bargaining contract to the contrary, no state or local employee shall unreasonably fail to comply with any lawful request for assistance made by any federal authorities carrying out the provisions of the USA Patriot Act, any federal immigration or terrorism investigation, or any executive order of the president of the United States pertaining to homeland security, to the extent that the request is consistent with the doctrine of federalism.

(B) No municipal corporation shall enact an ordinance, policy, directive, rule, or resolution that would materially hinder or prevent local employees from complying with the USA Patriot Act or any executive order of the president of the United States pertaining to homeland security or from cooperating with state or federal immigration services and terrorism investigations.

(C)(1) Any municipal corporation that enacts any ordinance, policy, directive, rule, or resolution that materially hinders or prevents local employees from complying with the USA Patriot Act or any executive order of the president of the United States pertaining to homeland security or that materially hinders or prevents local employees from cooperating with state or federal immigration services or terrorism investigations shall be ineligible to receive any homeland security funding available from the state.

(2) Whenever the director of public safety determines that a municipal corporation has enacted any ordinance, policy, directive, rule, or resolution that materially hinders or prevents local employees from complying with the USA Patriot Act or any executive order of the president of the United States pertaining to homeland security or from cooperating with state or federal immigration services or terrorism investigations, the director shall certify that the municipal corporation is ineligible to receive any homeland security funding from the state and shall notify the general assembly of that ineligibility. That municipal corporation shall remain ineligible to receive any homeland security funding from the state until the director certifies that the ordinance, policy, directive, rule, or resolution has been repealed.

(D)(1) If a local employee states disagreement with, or a critical opinion of, the USA Patriot Act, any federal immigration or terrorism policy, or any executive order of the president of the United States pertaining to homeland security, the statement of disagreement with or critical opinion of the Act or order is not sufficient to qualify for purposes of division (A) of this section as unreasonable noncompliance with a request for assistance made by any federal authorities carrying out the provisions of the USA Patriot Act, any federal immigration or terrorism investigation, or any executive order of the president of the United States pertaining to homeland security.

(2) If a municipal corporation enacts an ordinance, policy, directive, rule, or resolution that states disagreement with, or a critical opinion of, any state or federal immigration or terrorism policy, the USA Patriot Act, or any executive order of the president of the United States pertaining to homeland security, the statement of the disagreement with, or the critical opinion of, the policy, Act, or order is not sufficient to qualify for purposes of divisions (B), (C), and (D) of this section as a “material hindrance or prevention” of local employees from cooperating with federal immigration services and terrorism investigations or from complying with the USA Patriot Act or any executive order of the president of the United States pertaining to homeland security.

(E) As used in this section, “USA Patriot Act” means the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001,” Pub. L. No. 107-056, 115 Stat. 272, as amended.

Sec. 2901.13.  (A)(1) Except as provided in
division (A)(2) or, (3), or (4) of this section or as otherwise provided
in this
section, a prosecution shall be barred unless it is commenced
within the following periods after an offense is committed:

(a) For a felony,
six years;

(b) For a misdemeanor other than a minor misdemeanor, two
years;

(c) For a minor misdemeanor, six months.

(2) There is no period of limitation for the prosecution of
a violation of section 2903.01 or 2903.02 of the Revised Code.

(3) Except as otherwise provided in divisions (B) to (H)
of this section, a prosecution of any of the following offenses shall be
barred unless
it is commenced within twenty years after the offense is committed:

(a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12, or
2917.02 of the Revised Code, a violation of
section 2903.11 or 2903.12 of the Revised Code if the victim is
a peace officer, a violation of section 2903.13 of the Revised Code that is a
felony, or a
violation of former section 2907.12 of the Revised Code;

(b) A conspiracy to commit, attempt to commit, or complicity in
committing a violation set forth in division (A)(3)(a)
of this section.

(B) If the period of limitation provided in division (A)(1)
or (3)
of this section has expired, prosecution shall be commenced for
an offense of which an element is fraud or breach of a fiduciary
duty, within one year after discovery of the offense either by an
aggrieved person, or by the aggrieved person’s legal
representative who is not
a party to the offense.

(C) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution shall be
commenced for
an offense involving misconduct in office by a public servant as
defined in section 2921.01 of the Revised Code, at any time while
the accused remains a public servant, or within two years
thereafter.

(D) An offense is committed when every element of the
offense occurs. In the case of an offense of which an element is
a continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused’s
accountability for it terminates, whichever occurs first.

(E) A prosecution is commenced on the date an indictment
is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant,
summons, citation, or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same.
A prosecution is not commenced upon issuance of a warrant,
summons, citation, or other process, unless reasonable diligence
is exercised to execute the same.

(F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered.

(G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed
the accused’s
identity or whereabouts is prima-facie evidence of the
accused’s purpose to
avoid prosecution.

(H) The period of limitation shall not run during any time
a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or process which commenced the prosecution is quashed or the
proceedings thereon are set aside or reversed on appeal.

(I) As used in this section, “peace officer” has the same meaning
as in section 2935.01 of the Revised Code.

Sec. 2909.21. As used in sections 2909.21 to 2909.25 2909.34 of the
Revised Code:

(A) “Act of terrorism” means an act that is committed
within or outside the
territorial jurisdiction of this state or
the United States, that constitutes a specified offense if
committed in this state or constitutes an
offense in any
jurisdiction within or outside the territorial
jurisdiction of the
United States containing all of the essential
elements of a
specified offense, and that is intended to do one or more of
the
following:

(1) Intimidate or coerce a civilian population;

(2) Influence the policy of any government by intimidation
or
coercion;

(3) Affect the conduct of any government by the act that
constitutes the offense.

(B) “Biological agent,” “delivery system,” “toxin,” and “vector” have the same meanings as in section 2917.33 of the Revised Code.

(C) “Biological weapon” means any biological agent, toxin, vector, or delivery system or combination of any biological agent or agents, any toxin or toxins, any vector or vectors, and any delivery system or systems.

(D) “Chemical weapon” means any one or more of the following:

(1) Any toxic chemical or precursor of a toxic chemical that is listed in Schedule 1, Schedule 2, or Schedule 3 of the international “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC),” as entered into force on April 29, 1997;

(2) A device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or prescursor identified in division (D)(1) of this section that would be created or released as a result of the employment of that device;

(3) Any equipment specifically designed for use directly in connection with the employment of devices identified in division (D)(2) of this section;

(E) “Radiological or nuclear weapon” means any device that is designed to create or release radiation or radioactivity at a level that is dangerous to human life or in order to cause serious physical harm to persons as a result of the radiation or radioactivity created or released.

(F) “Explosive device” has the same meaning as in section 2923.11 of the Revised Code.

(G) “Key component of a binary or multicomponent chemical system” means the precursor that plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent chemical system.


(H)
“Material assistance” means any of the following:

(1) Membership in an organization on the United States department of state terrorist exclusion list;

(2) Use of the person’s position of prominence within any country to persuade others to support an organization on the United States department of state terrorist exclusion list;

(3) Knowingly soliciting funds or other things of value for an organization on the United States department of state terrorist exclusion list;

(4) Solicitation of any individual for membership in an organization on the United States department of state terrorist exclusion list;

(5) Commission of an act that the person knows, or reasonably should have known, affords material support or resources to an organization on the United States department of state terrorist exclusion list;

(6) Hiring or compensating a person known to be a member of an organization on the United States department of state terrorist exclusion list or a person known to be engaged in planning, assisting, or carrying out an act of terrorism.

(I) “Material support or resources” means currency, payment
instruments, other
financial securities, funds, transfer of funds, financial services, communications,

lodging, training,
safehouses
safe houses, false documentation or
identification, communications
equipment, facilities, weapons,
lethal substances, explosives,
personnel, transportation, and
other physical assets, except
medicine or religious materials.

(C)(J) “Payment instrument” means a check, draft, money order,
traveler’s check, cashier’s check, teller’s check, or other
instrument or order for the transmission or payment of money,
regardless of whether the item in question is negotiable.

(K) “Peace officer” and “prosecutor” have the same meanings as in section 2935.01 of the Revised Code.

(L) “Precursor” means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system.

(D)(M)
“Response costs” means all costs a political
subdivision
incurs as a result of, or in making any response to, a
threat of a
specified offense made as described in section 2909.23 of the
Revised Code
or a specified offense committed as described in
section 2909.24
of the Revised Code, including, but not limited
to, all costs so
incurred by any law enforcement officers,
firefighters, rescue
personnel, or emergency medical services
personnel of the
political subdivision and all costs so incurred
by the political
subdivision that relate to laboratory testing or
hazardous
material cleanup.

(E)(N) “Specified offense” means any of the following:

(1) A felony offense of
violence, a violation of section
2909.04, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, or 2927.24 of the
Revised Code, or a felony of the first
degree that is not a violation of any provision in Chapter 2925.
or 3719. of the Revised Code;

(2) An attempt to commit, complicity in committing, or a
conspiracy to commit an offense listed in division (E)(N)(1) of this
section.

(O) “Toxic chemical” means any chemical that through its chemical action on life processes can cause death or serious physical harm to persons or animals, regardless of its origin or of its method of production and regardless of whether it is produced in facilities, in munitions, or elsewhere.

(P) “United States department of state terrorist exclusion list” means the list compiled by the United States secretary of state, in consultation with or upon the request of the United States attorney general, that designates terrorist organizations for immigration purposes, as authorized by the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001,” Pub. L. No. 107-056, 115 Stat. 272, as amended.

(Q) “Hazardous radioactive substance” means any substance or item that releases or is designed to release radiation or radioactivity at a level dangerous to human life.

Sec. 2909.26.  (A) No person shall knowingly possess any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to use the chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device to cause serious physical harm or death to another person.

(B) No person shall knowingly possess any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with intent to use the weapon to do any of the following:

(1) Intimidate or coerce a civilian population;

(2) Influence the policy of any government by intimidation or coercion;

(3) Affect the conduct of any government by murder, assassination, or kidnapping.

(C) Whoever violates this section is guilty of criminal possession of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the third degree. A violation of division (B) of this section is a felony of the second degree.

Sec. 2909.27.  (A) No person shall recklessly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device that creates a risk of death or serious physical harm to another person not a participant in the offense.

(B) No person shall knowingly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to do any of the following:

(1) Intimidate or coerce a civilian population;

(2) Influence the policy of any government by intimidation or coercion;

(3) Affect the conduct of any government by murder, assassination, or kidnapping.

(C) No person shall knowingly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with intent to cause either of the following:

(1) Serious physical harm to, or the death of, more than two persons who are not participants in the offense;

(2) Serious physical harm to, or the death of, another person who is not a participant in the offense.

(D) Whoever violates this section is guilty of criminal use of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the second degree. A violation of division (B) or (C) of this section is a felony of the first degree.

(E)(1) Division (A)(1) of this section does not apply to any person who uses any of the following:

(a) Any household product that is generally available for sale to consumers in this state in the quantity and concentration available for sale to those consumers;

(b) A self-defense spray;

(c) A chemical weapon used solely for a purpose not prohibited under this section if the type and quantity is consistent with that purpose;

(d) A biological agent, toxin, or delivery system used solely for protective, bona fide research, or other peaceful purposes.

(2) For purposes of division (E)(1) of this section, “a purpose not prohibited under this section” means any of the following:

(a) Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;

(b) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;

(c) Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm;

(d) Any law enforcement purpose, including any domestic riot control purpose.

Sec. 2909.28.  (A) No person, with the intent to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, shall knowingly assemble or possess one or more toxins, toxic chemicals, precursors of toxic chemicals, vectors, biological agents, or hazardous radioactive substances, including, but not limited to, those listed by the department of public safety in rules adopted pursuant to division (C) of section 5502.012 of the Revised Code, that may be used to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device.

(B) In a prosecution under this section, it is not necessary to allege or prove that the offender assembled or possessed all chemicals or substances necessary to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. The assembly or possession, with the intent to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, of a single chemical or substance that may be used in the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device is sufficient to violate this section.

(C) Whoever violates this section is guilty of illegal assembly or possession of chemicals or substances for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. Illegal assembly or possession of chemicals or substances for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device is a felony of the fourth degree.

Sec. 2909.29.  (A) No person, knowing that the property involved in the transaction is the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used in support of an act of terrorism, shall conduct or attempt to conduct one or more transactions with either of the following:

(1) The intent to commit or further the commission of criminal activity;

(2) The intent to conceal or disguise the nature, the location, the source, the ownership, or the control of either the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used to support an act of terrorism or the intent to avoid a transaction reporting requirement under section 1315.53 of the Revised Code or federal law.

(B) No person shall transport, transmit, or transfer on one or more occasion monetary instruments that represent either the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used in support of an act of terrorism with either of the following:

(1) The intent to commit or further the commission of criminal activity;

(2) The intent to conceal or disguise the nature, the location, the source, the ownership, or the control of either the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used to support an act of terrorism or the intent to avoid a transaction reporting requirement under section 1315.53 of the Revised Code or federal law.

(C)(1) Whoever violates this section is guilty of money laundering in support of terrorism, and, except as otherwise provided in division (C)(2), (3), (4), or (5) of this section, money laundering in support of terrorism is a misdemeanor of the first degree.

(2) A violation of division (A)(1) of this section is a felony of the fifth degree if the total value of the property involved in the transaction or transactions equals or exceeds one thousand dollars and is less than five thousand dollars. A violation of division (A)(2), (B)(1), or (B)(2) of this section is a felony of the fifth degree if the total value of the property involved in the transaction or transactions or monetary instrument or instruments equals or exceeds two thousand dollars and is less than five thousand dollars.

(3) Money laundering in support of terrorism is a felony of the fourth degree if the total value of the property involved in the transaction or transactions or monetary instrument or instruments equals or exceeds five thousand dollars and is less than twenty-five thousand dollars.

(4) Money laundering in support of terrorism is a felony of the third degree if the total value of the property involved in the transaction or transactions or monetary instrument or instruments equals or exceeds twenty-five thousand dollars and is less than seventy-five thousand dollars.

(5) Money laundering in support of terrorism is a felony of the second degree if the total value of the property involved in the transaction or transactions or monetary instrument or instruments equals or exceeds seventy-five thousand dollars.

Sec. 2909.30.  (A) Any prosecutor or judge of a court of record shall notify the immigration and customs enforcement section of the United States department of homeland security when an alien who is not legally present in the United States has been convicted of or pleaded guilty to a felony.

(B) If the department of rehabilitation and correction has custody of an alien who is serving a prison term, at least ninety days before releasing the alien from the department’s custody upon completion of the term or for any other reason or not later than ten days after learning that the alien is to be released from the department’s custody, whichever is later, the department shall contact the immigration and customs enforcement section of the United States department of homeland security and inquire as to whether the section wishes custody of the alien to be transferred to the section.

(C) The department of rehabilitation and correction, pursuant to a valid detainer lodged against the alien, shall transfer any alien who is not legally present in the United States and has been convicted of or pleaded guilty to a felony to the custody of the immigration and customs enforcement section of the United States department of homeland security upon completion of that alien’s prison term.

(D) As used in this section, “alien” means an individual who is not a citizen of the United States.

Sec. 2909.31. (A) No person who is in or near an airport, train station, port, or other critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer under circumstances in which the law enforcement officer is requiring identification of all similarly situated people.

(B) If a person refuses to show identification under the circumstances described in division (A) of this section, the law enforcement officer may detain that person at the location or its immediate vicinity for the purpose of determining the person’s name, address, and date of birth. This division does not limit or affect any other authority that the officer may have under law to detain the person for any other reason or for any other length of time and does not limit or affect any authority that the officer may have under law to arrest the person.

Sec. 2909.32.  (A)(1) The director of public safety shall adopt rules in accordance with Chapter 119. of the Revised Code identifying licenses issued by the state for which the holder of any of the identified licenses would present a potential risk to the residents of the state if the applicant has a connection to a terrorist organization. In no case shall the rules identify a driver’s license or permit as a license of that nature if the applicant for the license or permit, or for renewal of the license or permit, is a resident of this state; this restriction does not apply regarding nonrenewable licenses and temporary residents of this state who apply for nonrenewable licenses.

(2)(a) The director of public safety shall develop a questionnaire to be used for purposes of this section by applicants for any license or for renewal of any license identified by the director pursuant to division (A)(1) of this section to indicate whether they have provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list. The questionnaire shall be substantially in the form set forth in division (A)(2)(b) of this section and shall be made available to each issuing agency of a license identified by the director pursuant to division (A)(1) of this section. The director also shall make available to each issuing agency of a license identified by the director pursuant to division (A)(1) of this section a then-current copy of the United States department of state terrorist exclusion list. Each applicant for a license identified by the director pursuant to division (A)(1) of this section shall complete the questionnaire, and any answer of “yes” to any of the questions shall serve for purposes of this section as a disclosure by the applicant that the applicant has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list.

(b) The questionnaire required under division (A)(2)(a) of this section shall be substantially as follows and shall include the following questions and the associated spaces for answering the questions:

“QUESTIONNAIRE, REGARDING MATERIAL ASSISTANCE
TO TERRORIST ORGANIZATION

(1) Are you a member of an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No ……

(2) Have you used any position of prominence you have within any country to persuade others to support an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No ……

(3) Have you knowingly solicited funds or other things of value for an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No ……

(4) Have you solicited any individual for membership in an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No ……

(5) Have you committed an act that you know, or reasonably should have known, affords “material support or resources” (see below) to an organization on the U.S. Department of State Terrorist Exclusion List? Yes …..; No ……

(6) Have you hired or compensated a person known to be a member of an organization on the U.S. Department of State Terrorist Exclusion List or a person known to be engaged in planning, assisting, or carrying out an act of terrorism? Yes …..; No ……

For purposes of question 5 on this questionnaire, “material support or resources” means currency, payment instruments, other financial securities, funds, transfer of funds, financial services, communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”

(B) All applicants for any license or for renewal of any license identified by the director of public safety pursuant to division (A)(1) of this section shall answer each question on the questionnaire developed by the director of public safety under division (A)(2) of this section and shall attach the completed questionnaire to the application for the license or for renewal of the license that the person submits. Any answer of “yes” to any of the questions shall serve for purposes of this section as a disclosure by the applicant that the applicant has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list.

(C) Subject to division (D) of this section, any person who discloses in an application for a license, or for renewal of a license, identified pursuant to division (A)(1) of this section the provision of material assistance to any organization listed on the United States department of state terrorist exclusion list shall be denied the license or the renewal of the license.

(D) The department of public safety, upon an applicant’s request, shall review, within thirty days of the request, the denial of a license or renewal of a license pursuant to division (C) of this section and shall reinstate the license application for good cause if the department determines all of the following:


(1) Either of the following:

(a) That the applicant’s provision of material assistance to the organization that is listed on the United States department of state terrorist exclusion list that was disclosed in the application occurred more than ten years prior to the applicant’s making of the application;

(b) That, at the time of the applicant’s provision of material assistance to the organization that is listed on the United States department of state terrorist exclusion list that was disclosed in the application, the organization was not on that terrorist exclusion list if the list was in existence at that time or, if the list was not in existence at that time, the organization was not involved in any activity or conduct that would have merited the inclusion of the organization on that list had it been in existence at that time.

(2) That, within the period commencing on the date ten years prior to the applicant’s making of the application and ending on the date on which the department conducts the review, the applicant has not provided material assistance to any organization that was listed on the United States department of state terrorist exclusion list or, regarding any time during that period during which that terrorist exclusion list was not in existence, to any organization that was involved in any activity or conduct that would have merited the inclusion of the organization on that list had it been in existence at that time;


(3) That it is unlikely that, in the future, the applicant will provide material assistance to any organization that is listed on the United States department of state terrorist exclusion list;

(4) That
the applicant does not pose a risk to the residents of the state.

(E) The failure of an applicant for a license identified pursuant to division (A)(1) of this section to complete and attach to the application the questionnaire described in division (A)(2) of this section, the failure to disclose in an application for the license or for the renewal of the license any material assistance to any organization listed on the United States department of state terrorist exclusion list, or the making of false statements regarding any material assistance to any organization listed on the United States department of state terrorist exclusion list shall result in the denial of the application and in the revocation of the person’s license.

(F) The failure of an applicant for a license identified pursuant to division (A)(1) of this section to disclose in an application for the license or for the renewal of the license any material assistance to any organization listed on the United States department of state terrorist exclusion list or the making of false statements regarding any material assistance to any organization listed on the United States department of state terrorist exclusion list is a felony of the fifth degree.

(G)(1) Any issuing agency of a license identified by the director of public safety pursuant to division (A)(1) of this section shall include in the agency’s application form a copy of the questionnaire developed by the director of public safety under division (A)(2) of this section and a then-current copy of the United States department of state terrorist exclusion list and shall inform persons who are completing the application that they must truthfully answer each question on the questionnaire.

(2) The issuing agency shall notify the department of public safety if it denies an application for a license, or for the renewal of a license, identified pursuant to division (A)(1) of this section, because the person disclosed in the application material assistance to an organization that is listed on the United States department of state terrorist exclusion list.

Sec. 2909.33.  (A) The director of public safety shall develop a questionnaire to be used for purposes of this section by the state, instrumentalities of the state, and political subdivisions of the state in determining whether any person, company, affiliated group, or organization with which the state, instrumentality, or political subdivision might conduct business or provide funding, or any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization and with whom the state, instrumentality, or political subdivision might conduct business or provide funding, has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list. The questionnaire required under this division shall be substantially in the form set forth in division (A)(2)(b) of section 2909.32 of the Revised Code, shall include the questions described in that division and the associated spaces for answering the questions, and shall be made available to the state, instrumentalities of the state, and political subdivisions of the state. The director also shall make available to the state, instrumentalities of the state, and political subdivisions of the state a then-current copy of the United States department of state terrorist exclusion list. The questionnaire and a then-current copy of the United States department of state terrorist exclusion list shall be provided to each person, company, affiliated group, or organization, and each person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, with which the state, instrumentality, or political subdivision might conduct business or provide funding before the state, instrumentality, or political subdivision conducts the business or provides the funding.

Each person, company, affiliated group, or organization with which the state, instrumentality, or political subdivision might conduct business or provide funding, and each person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization and with whom the state, instrumentality, or political subdivision might conduct business or provide funding, and that is provided a copy of the questionnaire under this division shall complete the questionnaire, and any answer of “yes” to any of the questions shall serve for purposes of this section as a disclosure by the person, company, affiliated group, or organization that the person, company, affiliated group, or organization has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list.

(B) Subject to divisions (C) and (D) of this section, no state instrumentality or political subdivision of the state shall conduct any business with or provide funding to any person, company, affiliated group, or organization that provides material assistance to any organization listed on the United States department of state terrorist exclusion list or conduct any business with or provide funding to any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization that provides material assistance to any organization on the United States department of state terrorist exclusion list.

(C) Subject to division (D) of this section, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, that conducts any business with or receives funding from the state, an instrumentality of the state, or a political subdivision of the state and that provides material assistance to any organization listed on the United States department of state terrorist exclusion list shall be prohibited from conducting any business with or receiving funding from the state, an instrumentality of the state, or a political subdivision of the state for a period of five years.

(D) The department of public safety, upon the request of any person, company, affiliated group, or organization that discloses in a questionnaire provided under division (A) of this section that the person, company, affiliated group, or organization, or the company, affiliated group, or organization in which the person holds, owns, or otherwise has a controlling interest, has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list, shall review, within thirty days of the request, whether the restrictions set forth in divisions (B) and (C) of this section should apply to the person, company, affiliated group, or organization and shall order that those restrictions do not apply to the person, company, affiliated group, or organization if the department determines all of the following:


(1) Either of the following:

(a) That the person’s, company’s, affiliated group’s, or organization’s provision of material assistance to the organization that is listed on the United States department of state terrorist exclusion list that was disclosed in the questionnaire occurred more than ten years prior to the person’s, company’s, affiliated group’s, or organization’s completion of the questionnaire;

(b) That, at the time of the person’s, company’s, affiliated group’s, or organization’s provision of material assistance to the organization that is listed on the United States department of state terrorist exclusion list that was disclosed in the application, the organization was not on that terrorist exclusion list if the list was in existence at that time or, if the list was not in existence at that time, the organization was not involved in any activity or conduct that would have merited the inclusion of the organization on that list had it been in existence at that time.

(2) That, within the period commencing on the date ten years prior to the person’s, company’s, affiliated group’s, or organization’s completion of the questionnaire and ending on the date on which the department conducts the review, the person, company, affiliated group, or organization has not provided material assistance to any organization that was listed on the United States department of state terrorist exclusion list or, regarding any time during that period during which that terrorist exclusion list was not in existence, to any organization that was involved in any activity or conduct that would have merited the inclusion of the organization on that list had it been in existence at that time;


(3) That it is unlikely that, in the future, the person, company, affiliated group, or organization will provide material assistance to any organization that is listed on the United States department of state terrorist exclusion list;

(4) That the person, company, affiliated group, or organization does not pose a risk to the residents of the state.

(E)(1) Any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, that conducts any business with or receives funding in an amount greater than twenty-five thousand dollars annually from the state, an instrumentality of the state, or a political subdivision of the state, not including any amount of a personal benefit, shall first certify that the person, company, affiliated group, or organization does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification may be made by the completion of the questionnaire provided under division (A) of this section, in accordance with that division.

(2) Any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, that conducts any business with or receives funding from the state, an instrumentality of the state, or a political subdivision of the state that makes a false certification that it does not provide material assistance to any organization listed on the United States department of state terrorist exclusion list shall be permanently banned from conducting business with or receiving funding from the state, an instrumentality of the state, or a political subdivision of the state and is guilty of a misdemeanor of the first degree.

(F) Division (B) of this section does not apply to any investment in any company that is publicly traded in any United States market and does not prohibit, limit, or restrict a state instrumentality or political subdivision of this state from investing in any company that is publicly traded in any United States market. The investment by the state, an instrumentality of the state, or a political subdivision of the state in a company that is publicly traded in any United States market shall not be considered for purposes of division (C) of this section as the state, the instrumentality, or the political subdivision conducting business with or providing funding to the company.

(G) As used in this section, “personal benefit” means money, goods, services, or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled by reason of age, medical condition, or financial need by an act of congress or by regulations adopted pursuant to an act of congress.

Sec. 2909.34.  (A) The director of public safety shall develop a questionnaire to be used for purposes of this section by the state, instrumentalities of the state, and political subdivisions of the state in determining whether any potential employee has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list. The questionnaire required under this division shall be substantially in the form set forth in division (A)(2)(b) of section 2909.32 of the Revised Code, shall include the questions described in that division and the associated spaces for answering the questions, and shall be made available to the state, instrumentalities of the state, and political subdivisions of the state. The director also shall make available to the state, instrumentalities of the state, and political subdivisions of the state a then-current copy of the United States department of state terrorist exclusion list. The questionnaire and a then-current copy of the United States department of state terrorist exclusion list shall be provided to each person under final consideration for employment with the state, a state instrumentality, or a political subdivision before the person is employed by the state, instrumentality, or political subdivision.

(B) Each person under final consideration for employment with the state, a state instrumentality, or a political subdivision of the state who is provided a copy of the questionnaire under division (A) of this section shall complete the questionnaire, and any answer of “yes” to any of the questions shall be considered a disclosure by the person that the person has provided material assistance to an organization that is listed on the United States department of state terrorist exclusion list.

(C) Subject to division (D) of this section, if a person under final consideration for employment with the state, a state instrumentality, or a political subdivision of the state discloses on the questionnaire provided under division (A) of this section the provision of material assistance to an organization that is listed on the United States department of state terrorist exclusion list, the state, state instrumentality, or political subdivision shall not employ the person.

(D) The department of public safety, upon the request of a person who has been denied employment under division (C) of this section, shall review within thirty days of the request the denial of employment and shall void the denial required under division (C) of this section for good cause if the department determines all of the following:


(1) Either of the following:

(a) That the person’s provision of material assistance to the organization that is listed on the United States department of state terrorist exclusion list that was disclosed in the questionnaire occurred more than ten years prior to the person’s completion of the questionnaire;

(b) That, at the time of the person’s provision of material assistance to the organization that is listed on the United States department of state terrorist exclusion list that was disclosed in the application, the organization was not on that terrorist exclusion list if the list was in existence at that time or, if the list was not in existence at that time, the organization was not involved in any activity or conduct that would have merited the inclusion of the organization on that list had it been in existence at that time.

(2) That, within the period commencing on the date ten years prior to the person’s completion of the questionnaire and ending on the date on which the department conducts the review, the person has not provided material assistance to any organization that was listed on the United States department of state terrorist exclusion list or, regarding any time during that period during which that terrorist exclusion list was not in existence, to any organization that was involved in any activity or conduct that would have merited the inclusion of the organization on that list had it been in existence at that time;

(3) That it is unlikely that, in the future, the person will provide material assistance to any organization that is listed on the United States department of state terrorist exclusion list;


(4) That
the person does not pose a risk to the residents of the state.

Sec. 2921.29.  (A) No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) The person witnessed any of the following:

(a) An offense of violence that would constitute a felony under the laws of this state;

(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

(c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;

(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.

(B) Whoever violates this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.

(C) Nothing in this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth.

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of
the
Revised Code:

(A) “Beneficial interest” means any of the following:

(1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property;

(2) The interest of a person as a beneficiary under any
other trust arrangement under which any other person holds title
to personal or real property for the benefit of such person;

(3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person.

“Beneficial interest” does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.

(B) “Costs of investigation and prosecution” and “costs of
investigation and litigation” mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.

(C) “Enterprise” includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. “Enterprise” includes illicit as
well as licit enterprises.

(D) “Innocent person” includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2923.32 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.

(E) “Pattern of corrupt activity” means two or more
incidents of corrupt activity, whether or not there has been a
prior conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.

At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated murder or murder, the last of the incidents forming
the
pattern shall occur within six years after the commission of
any
prior incident forming the pattern, excluding any period of
imprisonment served by any person engaging in the corrupt
activity.

For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state.

(F) “Pecuniary value” means money, a negotiable
instrument,
a commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars.

(G) “Person” means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity.

(H) “Personal property” means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.

(I) “Corrupt activity” means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:

(1) Conduct defined as “racketeering activity” under the
“Organized Crime Control Act of 1970,” 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;

(2) Conduct constituting any of the following:

(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05, 2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division (F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2) of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of section 1707.44; division
(A)(1) or (2) of
section 2923.20; division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or 4719.06; division (C), (D), or
(E) of section
4719.07; section 4719.08; or division (A) of section 4719.09 of
the Revised Code.

(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date.

(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five hundred dollars, or any combination of violations described
in
division (I)(2)(c) of this section when the total proceeds of
the combination
of violations, payments made in the combination of
violations,
amount of the claims for payment or for other benefits
that is
false or deceptive and that is involved in the combination
of
violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;

(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;

(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five hundred dollars;

(f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five hundred
dollars.

(3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state;

(4) Animal or ecological terrorism.

(J) “Real property” means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located.

(K) “Trustee” means any of the following:

(1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property;

(2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest;

(3) Any successor trustee.

“Trustee” does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court.

(L) “Unlawful debt” means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.

(M) “Animal activity” means any activity that involves the use of animals or animal parts, including, but not limited to, hunting, fishing, trapping, traveling, camping, the production, preparation, or processing of food or food products, clothing or garment manufacturing, medical research, other research, entertainment, recreation, agriculture, biotechnology, or service activity that involves the use of animals or animal parts.


(N) “Animal facility” means a vehicle, building, structure, nature preserve, or other premises in which an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale, including, but not limited to, a zoo, rodeo, circus, amusement park, hunting preserve, or premises in which a horse or dog event is held.


(O) “Animal or ecological terrorism” means the commission of any felony that involves causing or creating a substantial risk of physical harm to any property of another, the use of a deadly weapon or dangerous ordnance, or purposely, knowingly, or recklessly causing serious physical harm to property and that involves an intent to obstruct, impede, or deter any person from participating in a lawful animal activity, from mining, foresting, harvesting, gathering, or processing natural resources, or from being lawfully present in or on an animal facility or research facility.

(P) “Research facility” means a place, laboratory, institution, medical care facility, government facility, or public or private educational institution in which a scientific test, experiment, or investigation involving the use of animals or other living organisms is lawfully carried out, conducted, or attempted.

Sec. 2933.51.  As used in sections 2933.51 to
2933.66 of the
Revised Code:

(A) “Wire communication” means an aural transfer that is
made in whole or in part through the use of facilities for the
transmission of communications by the aid of wires or similar
methods of connecting the point of origin of the communication
and
the point of reception of the communication, including the use
of
a method of connecting the point of origin and the point of
reception of
the communication in a switching station, if the
facilities are furnished or
operated by a person engaged in
providing or operating the facilities for the
transmission of
communications. “Wire communication” includes an electronic
storage of a wire communication.

(B) “Oral communication” means an oral
communication uttered
by a person exhibiting an expectation that the
communication is
not subject to interception under circumstances justifying
that
expectation. “Oral communication” does not include an electronic
communication.

(C) “Intercept” means the aural or other acquisition of the
contents of any wire, oral, or electronic
communication through
the use of an interception device.

(D) “Interception device” means an electronic,
mechanical,
or other device or apparatus that can be used to
intercept a wire,
oral, or electronic communication. “Interception device”
does not
mean any of the following:

(1) A telephone or telegraph instrument, equipment, or
facility, or any of its components, if the instrument, equipment,
facility, or component is any of the following:

(a) Furnished to the subscriber or user by a
provider of
wire or electronic
communication service in the ordinary course of
its
business and being used by the subscriber or user in the
ordinary course of
its business;

(b) Furnished by a subscriber or
user for connection to the
facilities of a
provider of wire or electronic communication
service and used in the
ordinary
course of that subscriber’s or
user’s business;

(c) Being used by a provider of wire
or electronic
communication service in the
ordinary course of its business or by
an
investigative or law enforcement officer in the ordinary course
of the
officer’s duties that do not involve the interception of
wire, oral, or
electronic communications.

(2) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.

(E) “Investigative officer” means any of the following:

(1) An officer of this state or a political
subdivision of
this state, who is empowered by law to conduct
investigations or
to make arrests for a designated offense;

(2) A person described in divisions (A)(11)(a) and (b) of
section 2901.01 of the Revised Code;

(3) An attorney authorized by law to prosecute or
participate in the prosecution of a designated offense;

(4) A secret service officer appointed pursuant to
section
309.07 of the Revised Code;

(5) An officer of the United States, a state, or a
political
subdivision of a state who is authorized to conduct investigations
pursuant to the “Electronic Communications Privacy
Act of 1986,”
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.

(F) “Interception warrant” means a court order that
authorizes the interception of wire, oral, or
electronic
communications and
that is issued pursuant to sections 2933.53 to
2933.56 of the
Revised Code.

(G) “Contents,” when used with respect to a wire,
oral, or
electronic communication, includes any
information concerning the
substance, purport, or meaning of the communication.

(H) “Communications common carrier” means a person who
is
engaged as a common carrier for hire in intrastate,
interstate, or
foreign communications by wire, radio, or radio
transmission of
energy. “Communications common carrier” does not
include, to the
extent that the person is engaged in radio
broadcasting, a person
engaged in radio broadcasting.

(I) “Designated offense” means any of the following:

(1) A felony violation of section 1315.53, 1315.55, 2903.01,
2903.02,
2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,
2907.21, 2907.22,
2909.02, 2909.03, 2909.04,
2909.22, 2909.23,
2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02,
2913.04,
2913.42, 2913.51, 2915.02, 2915.03, 2917.01, 2917.02,
2921.02,
2921.03,
2921.04, 2921.32, 2921.34, 2923.20, 2923.32,
2925.03,
2925.04, 2925.05, or 2925.06 or
of division (B) of
section 2915.05
of the Revised Code;

(2) A violation of section 2919.23 of the Revised Code that,
had it occurred
prior to July
1, 1996, would have been a
violation
of section 2905.04 of the Revised Code as it existed prior to that
date;

(3) A felony violation of section 2925.11 of the Revised
Code that is not a
minor drug possession offense, as defined in
section 2925.01
of the Revised Code;

(4) Complicity in the commission of a felony violation
of a
section listed in division (I)(1), (2), or (3) of this section;

(5) An attempt to commit, or conspiracy
in the commission
of, a felony violation of a section listed
in division (I)(1),
(2), or (3) of this section, if the attempt or conspiracy
is
punishable by a
term of imprisonment of more than one year.

(J) “Aggrieved person” means a person who was a party to
an
intercepted wire, oral, or
electronic communication or a person
against
whom the interception of the communication was directed.

(K) “Person” means a person, as defined in section 1.59 of
the Revised
Code, or a governmental officer, employee, or entity.

(L) “Special need” means a showing that a licensed
physician, licensed practicing psychologist, attorney, practicing
cleric, journalist, or either spouse is personally
engaging in
continuing criminal activity, was engaged in continuing criminal
activity over a period of time, or is committing, has committed,
or is about to commit, a designated offense, or a showing that
specified public facilities are being regularly used by someone
who is personally engaging in continuing criminal activity, was
engaged in continuing criminal activity over a period of time, or
is committing, has committed, or is about to commit, a designated
offense.

(M) “Journalist” means a person engaged in, connected
with,
or employed by, any news media, including a newspaper,
magazine,
press
association, news agency, or wire service,
a radio or
television station, or a similar media, for the purpose of
gathering, processing, transmitting, compiling,
editing, or
disseminating news for the general public.

(N) “Electronic communication” means
a transfer of a sign,
signal, writing, image, sound, datum,
or intelligence of any
nature that is transmitted in whole or in
part by a wire, radio,
electromagnetic, photoelectronic, or
photo-optical system.
“Electronic communication” does
not mean any of the following:

(1) A wire or oral communication;

(2) A communication made through a tone-only paging
device;

(3) A communication from an electronic or mechanical
tracking device that permits the tracking of the movement of a
person or object.

(O) “User” means a person or entity
that uses an electronic
communication service and is duly
authorized by the provider of
the service to engage in the use of the
electronic communication
service.

(P) “Electronic communications
system” means a wire, radio,
electromagnetic,
photoelectronic, or photo-optical facility for
the transmission
of electronic communications, and a computer
facility or
related electronic equipment for the electronic
storage of electronic
communications.

(Q) “Electronic communication
service” means a service that
provides to users of the
service the ability to send or receive
wire or electronic
communications.

(R) “Readily accessible to the general
public” means, with
respect to a radio communication, that
the communication is none
of the following:

(1) Scrambled or encrypted;

(2) Transmitted using a modulation technique, the
essential
parameters of which have been withheld from the public
with the
intention of preserving the privacy of the
communication;

(3) Carried on a subcarrier or other signal subsidiary
to a
radio transmission;

(4) Transmitted over a communications system provided
by a
communications common carrier, unless the communication is a
tone-only paging system communication;

(5) Transmitted on a frequency allocated under part
25,
subpart D, E, or F of part 74, or
part 94 of the Rules of the
Federal
Communications Commission, as those provisions
existed on
July
1, 1996, unless, in the
case of a communication transmitted
on a frequency allocated
under part 74 that is not exclusively
allocated to broadcast
auxiliary services, the communication is a
two-way voice
communication by radio.

(S) “Electronic storage” means a
temporary, intermediate
storage of a wire or electronic
communication that is incidental
to the electronic transmission
of the communication, and a storage
of a wire or electronic communication
by an electronic
communication service for the purpose of backup
protection of the
communication.

(T) “Aural transfer” means a
transfer containing the human
voice at a point between and
including the point of origin and the
point of reception.

(U) “Pen register” means a device that records or decodes
electronic impulses that identify the numbers dialed, pulsed, or
otherwise
transmitted on telephone lines to which the device is
attached.

(V) “Trap and trace device” means a device that captures the
incoming electronic or other impulses that identify the
originating number of
an instrument or device from which a wire
communication or electronic communication was transmitted but that
does not
intercept the contents of the wire communication or
electronic
communication.

(W) “Judge of a court of common pleas” means a judge of that
court who is elected or appointed as a judge of general
jurisdiction or as a
judge who exercises both general jurisdiction
and probate, domestic relations,
or juvenile jurisdiction. “Judge
of a court of common pleas” does not mean a
judge of that court
who is elected or appointed specifically as a probate,
domestic
relations, or juvenile judge.

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, veterans’ home
police
officer appointed under section 5907.02 of the Revised Code,

special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, or a special police
officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans’ home operated under Chapter 5907. of the Revised Code,
port authority, or municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or elected, a law of this state,
an ordinance
of a municipal corporation, or a resolution of a
township.

(2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer’s or
individual’s
territorial jurisdiction, a law of this state.

(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at

arms’s or assistant sergeant at

arms’s territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised Code or
while providing security pursuant to division
(D)(1)(f)
of section 101.311 of the Revised Code, a
law of this
state, an ordinance of a municipal corporation, or a resolution of
a township.

(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans’ home operated under Chapter 5907. of the Revised Code,
port authority, or
municipal airport or other municipal air navigation facility, in
which the peace
officer is appointed, employed, or
elected or
within the limits of the territorial jurisdiction of the peace
officer, a peace officer described in division
(A) of this section
may arrest and detain until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.

(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:

(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;

(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;

(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.

(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:

(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.

(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer’s own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.

(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.

(b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.

If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.

(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer’s reasons for not
arresting and detaining that
person until a warrant can be obtained.

(d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following:

(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;

(ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense;

(iii) Each person’s fear of physical harm, if
any, resulting
from the other person’s threatened use of force
against any person
or resulting from the other person’s use or
history of the use of
force against any person, and the
reasonableness of that fear;

(iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense.

(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.

(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim’s failure to cooperate or the victim’s
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.

(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person’s
arrest or any
possibility that the person’s arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.

(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.

(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section
2933.43 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
“underlying criminal
offense” that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:

(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;

(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.

(4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.

(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), or (3) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest authority pursuant
to division
(E)(1) of
section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:

(1) The pursuit takes place without unreasonable delay
after
the offense is committed;

(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;

(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to section 4510.036 of the
Revised Code.

(E) In addition to the authority granted under division
(A)
or (B) of this section:

(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.

(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member’s
police force, or the townships that created the joint township
police district served by the member’s police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.

(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.

(4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.

(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.

A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.

(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:

(i) The pursuit takes place without unreasonable delay
after
the offense is committed;

(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.

(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.

(G) Any peace officer may render assistance to any federal law enforcement officer who has arrest authority under the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001,” Pub. L. No. 107-056, 115 Stat. 272, as amended, if both of the following apply:

(1) There is a threat of imminent physical danger to the federal law enforcement officer, a threat of physical harm to another person, or any other serious emergency situation present.

(2) Either the federal law enforcement officer requests emergency assistance or it appears that the federal law enforcement officer is unable to request assistance, and the circumstances reasonably indicate that assistance is appropriate.

(H) As used in this section:

(1) A “department of mental health special police officer”
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.

(2) A “department of mental retardation and developmental
disabilities special police officer” means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.

(3) “Deadly weapon” has the same meaning as in section
2923.11 of the Revised
Code.

(4) “Family or household member” has the same meaning as in
section 2919.25
of the Revised Code.

(5) “Street” or “highway” has the same meaning as in
section
4511.01 of the Revised Code.

(6) “Interstate system” has the same meaning as in section
5516.01 of the Revised Code.

(7) “Peace officer of the department of
natural resources”
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a forest officer designated
pursuant
to section 1503.29, a preserve officer designated
pursuant to
section 1517.10, a wildlife officer designated
pursuant to section
1531.13, a park officer designated pursuant to section
1541.10, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.

(8) “Federal law enforcement officer” has the same meaning as in section 9.88 of the Revised Code.

Sec. 3750.22.  (A) The owner or operator of a facility where chemicals are produced, or the owner or operator of any other facility or business of any type, may provide a copy of any vulnerability assessment of the facility or business or of any other security-sensitive information developed regarding the facility or business to any of the following:

(1) The local emergency planning committee of the emergency planning district in which the facility or business is located;

(2) The fire department with jurisdiction over the facility or business;

(3) The sheriff of the county in which the facility or business is located;

(4) The chief of police of any municipal corporation with jurisdiction over the facility or business.

(B) Copies of vulnerability assessments of a facility or business or of any other security-sensitive information developed regarding a facility or business that are in the possession of a local emergency planning committee of an emergency planning district, a fire department, a sheriff, or a chief of police and that were provided under division (A) of this section are not public records under section 149.43 of the Revised Code and are not subject to mandatory disclosure under that section.

Sec. 4507.08.  (A) No probationary license shall
be
issued
to any person under the age of eighteen who has been
adjudicated
an unruly or delinquent child or a juvenile traffic
offender for
having committed any act that if committed by an
adult would be a
drug abuse offense, as defined in section
2925.01 of the Revised
Code, a violation of division (B) of
section 2917.11, or a
violation of division (A) of section
4511.19 of the Revised Code,
unless the person has been required
by the court to attend a drug
abuse or alcohol abuse education,
intervention, or treatment
program specified by the court and has
satisfactorily completed
the program.

(B) No temporary instruction permit or driver’s license
shall
be issued to any person whose license has been suspended,
during
the period for which the license was suspended, nor to any
person
whose license has been

canceled, under

Chapter 4510. or
any other provision
of the
Revised Code.

(C) No temporary instruction permit or driver’s license
shall
be issued to any person whose commercial driver’s license is
suspended under

Chapter 4510.
or
any other
provision of the
Revised Code during the period
of the
suspension.

No temporary instruction permit or driver’s license shall be
issued to any
person when issuance is prohibited by division (A)
of section 4507.091 of the
Revised Code.

(D) No temporary instruction permit or driver’s license
shall
be issued to, or retained by, any of the following persons:

(1) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person’s ability to operate a
motor vehicle with the required degree of safety;

(2) Any person who is under the age of eighteen and has
been
adjudicated an unruly or delinquent child or a juvenile
traffic
offender for having committed any act that if committed
by an
adult would be a drug abuse offense, as defined in section
2925.01
of the Revised Code, a violation of division (B) of
section
2917.11, or a violation of division (A) of section
4511.19 of the
Revised Code, unless the person has been required
by the court to
attend a drug abuse or alcohol abuse education,
intervention, or
treatment program specified by the court and has
satisfactorily
completed the program;

(3) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle.
A
restricted
license effective for six months shall be issued to
any
person who
otherwise
is qualified
and who is subject to any
condition that causes episodic impairment of consciousness or a
loss of muscular control if the person presents a statement from
a
licensed physician that the person’s condition is under effective
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found.

A person to whom a six-month restricted license has been
issued shall give notice of the person’s medical condition to the
registrar on forms provided by the registrar and signed by the
licensee’s physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months.

(4) Any person who is unable to understand highway
warnings
or traffic signs or directions given in the English
language;

(5) Any person making an application whose driver’s
license
or driving privileges are under
cancellation, revocation, or
suspension
in the jurisdiction where issued or any other
jurisdiction, until
the expiration of one year after the license
was
canceled or revoked or until
the period of suspension ends.
Any person whose application is
denied under this division may
file a petition in the municipal
court or county court in whose
jurisdiction the person resides
agreeing to pay the cost of the
proceedings and alleging that the
conduct involved in the offense
that resulted in suspension, cancellation, or
revocation in the
foreign jurisdiction would not have resulted in
a suspension,
cancellation, or revocation had the offense occurred in this
state. If the petition is granted, the petitioner shall notify
the
registrar by a certified copy of the court’s
findings and a
license shall not be denied under this division.

(6) Any person
who is under a class one or two suspension
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of
the Revised Code or whose driver’s or commercial driver’s
license
or permit

was permanently revoked
prior to

the effective
date of
this amendment

January 1, 2004, for a substantially equivalent violation
pursuant
to
section 4507.16 of the Revised Code;

(7) Any person who is not a resident or temporary resident
of this state.

(E) No person whose driver’s license or permit has been suspended under Chapter 4510. of the Revised Code or any other provision of the Revised Code shall have driving privileges reinstated if the registrar determines that a warrant has been issued for the person’s arrest and the warrant is an active warrant.

Sec. 4561.26.  (A) The owner of each aircraft that is based in this state, that is not registered pursuant to sections 4561.17 to 4561.22 of the Revised Code, and that is not an aircraft operated for hire over regularly scheduled routes within this state shall register the aircraft with the office of aviation of the department of transportation. Registrations shall be made and signed by the owner of the aircraft on forms prepared by the department and shall contain a description of the aircraft, including its federal registration number, the airport or other place at which the aircraft is based, and any other information that is required by the office of aviation. Registration forms shall be filed with the office of aviation annually and at the time specified by the director of transportation. If the airport or other place at which the aircraft is based changes, the owner shall update the registration by filing a new form with the office of aviation.

(B) The office of aviation shall maintain all registrations filed with it under this section and shall develop a program to track and enforce the registration of aircraft based in this state.

(C) The director of transportation may impose a civil fine of not more than one hundred dollars on an owner of an aircraft that is required to be registered under this section and that the owner does not register. A separate fine may be imposed for each aircraft that the owner fails to register, and a separate fine may be imposed for each registration period during which the owner fails to register.

Sec. 4561.99. 

Whoever violates
any provision of
sections

4561.021 to

4561.13 of the Revised Code, other than section 4561.26 of the Revised Code,
for which no penalty
otherwise is provided in the section that
contains the provision
violated
shall be fined not more than five
hundred dollars,
imprisoned not more than ninety days, or
both.

Sec. 4563.30.  (A) As used in this section:

(1) “Aircraft” has the same meaning as in section 4561.01 of the Revised Code.

(2) “Airport” has the same meaning as in section 4561.01 of the Revised Code except that it does not include any airport operated by a multi-state authority or any airport with scheduled commercial air carrier service.

(3) “Private-use airport” means an airport used exclusively by the owner of the airport and by persons authorized by that owner.

(4) “Public-use airport” means an airport available for use by the general public without a requirement for the prior approval of the owner or operator except as may be required by federal law or regulation.

(B) The department of public safety and the office of aviation of the department of transportation shall jointly adopt rules regarding the security of public-use and private-use airports. The rules shall include, but not be limited to, provisions doing the following:

(1) Requiring all public-use and private-use airports located in whole or in part in this state to register biennially with the office of aviation of the department of transportation;

(2) Requiring all public-use airports located in whole or in part in this state, and all private-use airports located in whole or in part in this state when appropriate, to prepare a written security plan that is consistent with the most recent security guidelines for general aviation airports published by the United States transportation security administration;

(3) Requiring all aircraft owners or pilots to secure their aircraft;

(4) Requiring all persons who rent an aircraft to present government-issued identification, in addition to any pilot’s license, to the person who rents them the aircraft;

(5) Requiring all public-use airports located in whole or in part in this state, and all private use airports located in whole or in part in this state when appropriate, to do all of the following:

(a) Develop a written list of emergency contacts and telephones;

(b) Restrict access to aircraft keys by unlicensed persons;

(c) Require pilots, including those renting aircraft, to operate pursuant to F.A.R. 61.3 regarding pilot identification;

(d) Create an emergency locater map that identifies runways, ramp areas, fence lines, gates, hydrants, emergency shelters, buildings, and hazardous material sites;

(e) Familiarize local law enforcement agencies with the airport and consult with them in the airport’s development of security procedures.

(6) Addressing or governing the security of public-use and private-use airports located in whole or in part in this state in any other manner that the department of public safety and the office of aviation of the department of transportation jointly determine to be

necessary.

(C) The security plan described in division (B)(2) of this section and the emergency locater map described in division (B)(5)(d) of this section shall prominently display the following statement: “This document may contain information that, if disclosed, could endanger the life or safety of the public; therefore, this document is to be maintained and used in a manner that preserves the confidentiality of the information it contains in a manner consistent with law.”

(D) Each public-use and private-use airport located in whole or in part in this state shall provide a copy of its registration described in division (B)(1) of this section, a copy of its security plan described in division (B)(2) of this section, and a copy of its emergency locater map described in division (B)(5)(d) of this section to the department of public safety, to the office of aviation of the department of transportation, to the sheriff of the county in which the airport is located in whole or in part, and, if the airport is located in whole or in part in a municipal corporation, to the chief of police of each municipal corporation in which it is wholly or partly located. Copies of registrations, emergency locater maps, and security plans that are in the possession of the department of public safety, the office of aviation, a sheriff, or a chief of police and that were provided under this division are not public records under section 149.43 of the Revised Code and are not subject to mandatory disclosure under that section.

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or
a subdivision participating in a 9-1-1 system established under sections
4931.40 to 4931.70 of the Revised Code and any officer,
agent, employee, or independent contractor of the state, the state highway patrol, or such a
participating subdivision is not liable in damages in a civil
action for injuries, death, or loss to persons or property
arising from any act or omission, except willful or wanton
misconduct, in connection with developing, adopting, or approving
any final plan or any agreement made under section 4931.48 of the
Revised Code or otherwise bringing into operation the 9-1-1 system
pursuant to sections 4931.40 to 4931.70 of the Revised Code.

(2) The Ohio 9-1-1
council, the wireless 9-1-1 advisory board, and any member of
that council or board are not liable in damages in a civil
action for injuries, death, or loss to persons or property
arising from any act or omission, except willful or wanton
misconduct, in connection with the development or operation of a
9-1-1 system established under sections 4931.40 to 4931.70 of
the Revised Code.

(B) Except as otherwise provided in
section 4765.49 of the Revised Code, an individual who gives emergency
instructions through a 9-1-1 system established under sections
4931.40 to 4931.70 of the Revised Code, and the
principals for
whom the person acts, including both employers and independent
contractors, public and private, and an individual who follows
emergency instructions and the principals for whom that person
acts, including both employers and independent contractors,
public and private, are not liable in damages in a civil action
for injuries, death, or loss to persons or property arising from
the issuance or following of emergency instructions, except where
the issuance or following of the instructions constitutes willful
or wanton misconduct.

(C) Except for willful or wanton misconduct, a telephone company, and any other installer,
maintainer, or provider, through the sale or otherwise, of
customer premises equipment, and their respective officers,
directors, employees, agents, and suppliers are not liable in
damages in a civil action for injuries, death, or loss to persons
or property incurred by any person resulting from such any of the following:

(1) Such an
entity’s or its officers’, directors’, employees’, agents’, or
suppliers’ participation in or acts or omissions in connection
with participating in or developing, maintaining, or operating a 9-1-1 system, whether that system is
established pursuant to sections 4931.40 to 4931.70 of
the
Revised Code or otherwise in accordance with schedules regarding 9-1-1 systems filed with the public
utilities commission pursuant to section 4905.30 of the Revised
Code by a telephone company that is a wireline service provider;

(2) Such an entity’s or its officers’, directors’, employees’, agents’, or suppliers’ provision of assistance to a public utility, municipal utility, or state or local government as authorized by divisions (F)(4) and (5) of this section.

(D) No person shall knowingly use the telephone number of
a 9-1-1 system established under sections 4931.40 to
4931.70 of the Revised Code to report an emergency if the person knows
that no
emergency exists.

(E) No person shall knowingly use a 9-1-1
system for a purpose other than obtaining emergency
service.

(F) No person shall disclose or use any information concerning telephone
numbers, addresses, or names obtained from the data base that
serves the public safety answering point of a 9-1-1 system
established under sections 4931.40 to 4931.70 of the
Revised
Code, except for any of the following purposes or under any of the following
circumstances:

(1) For the purpose of the 9-1-1 system;

(2) For the purpose of responding to an emergency call to an emergency
service provider;

(3) In the circumstance of the inadvertent disclosure of such information
due solely to technology of the wireline telephone network portion of the
9-1-1 system not allowing access to the data base to be restricted to 9-1-1
specific answering lines at a public safety answering point;

(4) In the circumstance of assistance access to a data base being given by a telephone company that is a wireline service provider to
a public utility or municipal utility in handling customer calls in
times of public emergency or service outages. The charge, terms, and
conditions for the disclosure or use of such information for the purpose of such assistance access to a data base shall be subject to the jurisdiction of the public utilities
commission.

(5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the public utilities commission. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the public utilities commission.

Sec. 5502.012. The department of public safety shall do all of the following:

(A) Adopt rules in accordance with Chapter 119. of the Revised Code that identify licenses issued by the state for which the holder of any of the identified licenses may present a potential risk or threat to public safety if the applicant for the license has connections to a terrorist organization, as required by section 2909.32 of the Revised Code. In no case shall the rules identify a driver’s license or permit as a license of that nature if the applicant for the license or permit, or for renewal of the license or permit, is a resident of this state; this restriction does not apply regarding nonrenewable licenses and temporary residents of this state who apply for nonrenewable licenses.

(B) Adopt rules, jointly with the office of aviation of the department of transportation and in accordance with Chapter 119. of the Revised Code, regarding the security of public-use and private-use airports in accordance with section 4563.30 of the Revised Code;

(C) Adopt rules in accordance with Chapter 119. of the Revised Code and for purposes of section 2909.28 of the Revised Code identifying a list of toxins, toxic chemicals, precursors of toxic chemicals, vectors, biological agents, and hazardous radioactive substances and their components that could be used alone or in combination for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device.

Sec. 5502.03. (A) There is hereby created in the department of public safety a division of homeland security. It is the intent of the general assembly that the creation of the division of homeland security of the department of public safety by this amendment does not result in an increase of funding appropriated to the department.

(B)(1) The division shall coordinate do all of the following:

(1) Coordinate all homeland security activities of all state agencies and shall be the liaison between state agencies and local entities for the purposes of communicating homeland security funding and policy initiatives;

(2) Coordinate and facilitate information sharing among local, state, and federal government agencies and the private sector to ensure appropriate analysis of intelligence to assist in the early identification of, and response to, potential terrorist threats or activities;

(3) Coordinate efforts of state and local governments and private organizations to enhance the security and protection of critical infrastructure and key assets in this state;

(4) Develop and coordinate policies, protocols, and strategies that may be used to prevent, detect, prepare for, respond to, and recover from terrorist acts or threats;

(5) Develop, update, and coordinate the implementation of an Ohio homeland security strategic plan that will guide state and local governments in the achievement of homeland security in this state.

(C) The director of public safety shall appoint an executive director, who shall be head of the division of homeland security and who regularly shall advise the governor and the director on matters pertaining to homeland security. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain necessary staff and may enter into any necessary agreements.

(D) Except as otherwise provided by law, nothing in this section shall be construed to give the director of public safety or the executive director of the division of homeland security authority over the incident management structure or responsibilities of local emergency response personnel.

Section 2. That existing sections 2901.13, 2909.21, 2923.31, 2933.51, 2935.03, 4507.08, 4561.99, 4931.49, and 5502.03 of the Revised Code are hereby repealed.

Section 3.  Section 2935.03 of the Revised Code is presented in
this act as a composite of the section as amended by Sub. H.B. 545, H.B. 675, and Am. Sub. S.B. 123 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.

OSU Responds to PCRM’s Claims about Spinal Cord Injury Course

As I mentioned earlier this year, Physicians Committee for Responsible Medicine filed a complaint with the National Institutes of Health claiming about an NIH-funded class at Ohio State University that trains researchers to injure the spinal cords of mice and rats so the animals can be used in spinal cord research. PCRM claims the course is in violation of the Animal Welfare Act and involves cruelty to animals.

OSU recently responded to an NIH request for a response to PCRM’s charges.

According to OSU student newspaper The Lantern, PCRM’s letter claimed that the researchers first performed multiple operations to impair the animals’ spinal cords and then force them to perform a number of task,

The animals are surely in a large amount of post-operative pain in addition to the complications they might experience as a result of their injury. This OSU course violates efforts designed to avoid or minimize such pain and distress to the animals.

In its response to the Office of Laboratory Animal Welfare, OSU responded that a) the animals undergo only a single major surgery, b) animals are medicated for pain, c) behavioral study of the animals doesn’t occur until after the animals have recovered from the surgery, and d) the behavioral research does not involve forcing the animals to perform, but rather offers the animal rewards for performing certain tasks.

According to OSU’s response,

The instructors prepare a cohort of animals with spinal cord injury to train students in the proper conduct of behavioral testing. Testing does not commence until the animals are well recovered from surgery.

In her letter to the Office of Laboratory Animal Welfare, PCRM’s Kristie Stoick wrote that there are alternatives to using animals for such training purposes,

Alternatives range from shadowing a researcher and the use of simulation and models to videotaped technique demonstrations.

OSU spokesman Earle Holland responded that this is simply not the case, telling The Lantern,

There are no available altenratives for whole organisms. If there were equivalent methods, every researcher would jump at the idea of not using animals. It’s really ludicrous. It’s just not true. Researchers would be using them. No one enjoys doing things to animals that are undesirable.

In its letter, OSU wrote that it formed a subcommittee of its Institutional Laboratory Animal Care and Use Committee that investigated the course and considered the possibility of non-animal alternatives,

By properly training new researchers in the current best practices, the potential for poorly performed experiments will be less, thereby allowing refinement and/or reduction of animal numbers. The investigators (and) instructors pride themselves on the high level of care given to the animals and are dedicated to teaching others to deal with their subjects carefully, compassionately, and to respect both animal and human life.

OSU is currently awaiting a response from the Office of Laboratory Animal Welfare.

Source:

OSU denies animal cruelty complaints. Susan Kehoe, The Lantern (Ohio State University), February 28, 2005.

PCRM vs. Ohio State University

Physicians Committee for Responsible Medicine was making a lot of noise in February about the National Institutes of Health’s decision to investigate PCRM’s complaint about OSU’s Spinal Cord Injury Techniques Training Course.

The course teaches researchers how to injure the spinal cords of mice and rats so that they can be used in research on spinal cord injuries. The course itself is partially funded by NIH, so the agency’s decision to investigate the course is not surprising. Given that the NIH has previously approved the course, this will likely be a routine investigation unless there are problems with the course that are above and beyond PCRM’s simple objection to conducting this sort of research in animals.

In its press release announcing the NIH’s decision, PCRM takes credit for something that actually hasn’t happened,

In 2002, PCRM was instrumental in stopping NIH-funded experiments by OSU researcher Dr. Michael Podell, who infected cats with feline immunodeficiency virus and injected them with methamphetamine (“speed”) in an attempt to create an animal model for HIV-positive humans using drugs.

And, in fact, Podell made an important discovery — that HIV-like illness in felines progress much faster in cats that were exposed to methamphetamines. Podell hypothesized that this might explain why HIV-related dementia has such a quick onset in human methamphetamine users.

It is true that Podell left Ohio State University in 2002 due to the level of harassment that animal rights activists directed at him, but the research did not stop. It was handed off to another researcher who used tissue cultures to study more closely this effect, but who made it clear that after that study was finished the research would return to using cats in the 4th or 5th year of the study (which would have been 2004 or 2005 — the grant ends May 31, 2005).

As anti-research group Protect Our Earths Treasures noted in 2003,

September 2003, five (5) cats arrive at OSU from Liberty Labs and enter protocol 020047/96A0038.

Why are we concerned? A portion of protocol, 96A0038, was used by Michael Podell to conduct his pilot study which lead to his own protocol – Cats On Meth.

PCRM might have moved on to other things, but the research on felines at OSU apparently continued.

Sources:

NIH to Investigate OSU’s Spinal Injury Course. Press Release, Physicians Committee for Responsible Medicine, February 8, 2005.

Remembrance for the Animals Used In the Labs at The Ohio State University. Protect Our Earths Treasures, Undated, Accessed: February 28, 2005.

Cooking a Guinea Pig and Rabbit for Class Project Not a Crime in Ohio

A 16-year-old Ohio boy who skinned and cooked a guinea pig and a rabbit he bought at a pet store will not be charged with a crime after police in Thompson Township and the Geauga Humane Society decided he had not violated any laws.

The boy cooked the guinea pig and rabbit as a demonstration for his living skills class at Ledgemont High School.

According to the Cleveland Plain Dealer, prosecutors declined to file charges after determining that it would be hard to sustain a claim that killing the animal was “unnecessary” as the boy and several classmates ate the cooked animal, and they could find no evidence that the animal had suffered unnecessarily wen the boy killed it.

Sharon Harvey, executive director of the Geauga Humane Society, told the Cleveland Plain Dealer,

From a standpoint of being able to prosecute, we could not find evidence to pursue a cruelty charge. Do we disapprove of what happened? Absolutely. But, sadly, what happened is not illegal.

Unless the school cafeteria at Ledgemore is vegan — and I’m guessing Ledgemore has not been above offering students hamburgers and hot dogs — I’m not sure why this case prompted such outrage.

Do people think that products like hamburgers,
hot dogs and chicken nuggets all come in the middle of the night from the meat fairy?

Source:

Cooking demo wasn’t a crime. John Horton, Cleveland Plain Dealer, January 28, 2005.

Judge Throws Out SHARK Lawsuit

In January, an Ohio judge threw out a lawsuit by Showing Animals Respect and Kindness seeking permission to videotape sharpshooters the city of Solon planned to hire to shoot deer.

SHARK had requested permission from Solon to tape the deer cull. When that was denied, it filed a lawsuit. SHARK’s lawyer argued that since the deer shooting was being paid for by public monies, that the animal rights group had a First Amendment right to videotape the shooting of the deer.

Solon’s lawyers argued that SHARK had no standing to challenge the city in court, and Judge Nancy McDonnell agreed, throwing out the case.

Residents in Solon have complained that deer are damaging property and interfering with traffic, and the city has hired a firm to kill about 600 of the estimated 1,200 deer in the city.

Source:

Judge throws out suit to tape Solon deer kill. Michael O’Malley, Cleveland Plain Dealer, January 15, 2005.