Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of obstruction of justice to include distracting a police officer.

Highlights:

• Establishes that no person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following (Sec. 1):

• Harbor or conceal the other person or child;

• Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension;

• Warn the other person or child of impending discovery or apprehension;

• Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning the person to testify or supply evidence;

• Communicate false information to any person;

• Prevent or obstruct any person, by means of force, intimidation, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person or child; or

• Fail to follow a lawful order from a law enforcement officer.

• Specifies that no person is to do any of the following to a law enforcement officer in the performance of the law enforcement officer's duties with reckless disregard as to whether the action diverts or obstructs the law enforcement officer's attention (Sec. 1):

• Use force or threaten the immediate use of force against the law enforcement officer; or

• Interfere with or obstruct a law enforcement officer in a manner that does any of the following:

• Inhibits or restricts the law enforcement officer's control of a subject or detainee;

• Deprives the law enforcement officer of control of a subject or detainee;

• Without the consent of the law enforcement officer, enters, or places an object or substance into, a space around the law enforcement officer that is large enough that the law enforcement officer cannot reach a person outside of the area; 

• No person with the intent to distract a law enforcement officer engaged in the performance of the law enforcement officer's official duties is to throw any object or substance at or onto a law enforcement officer; 

• A person may be prosecuted for, and may be convicted of or adjudicated a delinquent child for committing, a violation of this section regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed; and

• Whoever violates this section is guilty of obstructing justice.

• Establishes that if the crime committed by the person aided under this section is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult (Sec. 1).

• Specifies that except as otherwise provided in divisions (E)(4), (5), and (6) of this section, if the crime committed by the person aided under division (A) of this section is a felony or if the act committed by the child aided would be a felony if committed by an adult, obstructing justice is a felony of the fifth degree (Sec. 1).

• Establishes that except as otherwise provided in division (E)(6) of this section, if the crime committed by the person aided under division (A) of this section is aggravated murder, murder, or a felony of the first or second degree or if the act committed by the child aided would be one of those offenses if committed by an adult and if the offender knows or has reason to believe that the crime committed by the person aided is one of those offenses or that the act committed by the child aided would be one of those offenses if committed by an adult, obstructing justice is a felony of the third degree (Sec. 1).

• Establishes that if the crime or act committed under division (A) of this section by the person or child aided is an act of terrorism, obstructing justice is one of the following (Sec. 1):

• Except as provided in division (E)(5)(b) of this section, a felony of the second degree; or

• If the act of terrorism resulted in the death of a person who was not a participant in the act of terrorism, a felony of the first degree.

• Specifies that if the crime committed by the person under division (A) of this section is trafficking in persons or if the act committed by the child aided would be trafficking in persons if committed by an adult, obstructing justice is a felony of the second degree (Sec. 1).

• Establishes that obstructing justice in violation of division (B) or (C) of this section is one of the following (Sec. 1):

• Except as provided in division (E)(7)(b) of this section, a misdemeanor of the second degree;

• If a violation of division (B) or (C) of this section causes physical harm to any person, a felony of the fifth degree; and 

• Nothing in this section is to be construed to prohibit a person from using video or audio recording equipment to record a law enforcement officer in the performance of the law enforcement officer's duties.

• Establishes that existing section 2921.32 of the Revised Code is hereby repealed (Sec. 2).

Full Bill Text