HB 478 — Create jury tampering offense; revise court intimidation offenses

As ReportedPassed by the House Judiciary Committee 136th General Assembly Regular Session H.

Representatives Brennan, Click, Hiner, Johnson, Lorenz, Miller, K., Ray, Upchurch, Mathews, A., OdiosoOdioso, Barhorst, Bird, Daniels, Dovilla, Fowler Arthur, Ghanbari, Glassburn, Grim, Hall, D., Holmes, John, Lett, Mathews, T., Miller, J., Mohamed, Newman, Oelslager, Peterson, Plummer, Robb Blasdel, Rogers, Russo, Sigrist, Somani, Swearingen, Williams, Young To amend section 2921.04 and to enact section 1 2921.06 of the Revised Code to create the 2 offense of jury tampering and to include a 3 public servant in the offense of intimidation of 4 an attorney, victim, witness, or public servant 5 in a criminal case.

14 (B) No person, knowingly and by force or by unlawful 15 threat of harm to any person or property or by unlawful threat 16 toH. commit any offense or calumny against any person, shall 17 attempt to influence, intimidate, or hinder any of the following 18 persons:

19 H.

478 Page 2 As ReportedPassed by the House Judiciaryto Committeecommit (1)any Theoffense victim of a crime or delinquentcalumny actagainst inany theperson, filingshall 2017 orattempt prosecutionto ofinfluence, criminalintimidate, charges or ahinder delinquentany childof actionthe 21following or18 proceeding;persons:

19 (1) The victim of a crime or delinquent act in the filing 20 or prosecution of criminal charges or a delinquent child action 21 or proceeding;

44 (3) A local rule of court, including, but not limited to, 45 a local rule of court that relates to alternative dispute 46 resolution or other case management programs and that authorizes 47 the referral of disputes pertaining to the alleged commission of 48 H.

478 Page 3 As ReportedPassed by the House Judiciary(3) CommitteeA local rule of court, including, but not limited to, 45 a local rule of court that relates to alternative dispute 46 resolution or other case management programs and that authorizes 47 the referral of disputes pertaining to the alleged commission of 48 certain types of criminal offenses to appropriate and available 49 arbitration, mediation, compromise, settlement, or other 50 conciliation programs;

70 (C) No person, knowingly and by force, by unlawful threat 71 of harm to any person or property, or by unlawful threat to 72 commit any offense or calumny against any person, shall attempt 73 toH. influence, intimidate, or hinder a juror in the discharge of 74 the juror's duties, including in the juror's consideration of 75 the facts or evidence presented at the trial for which the juror 76 has been impaneled.

77 H.

478 Page 4 As ReportedPassed by the House Judiciaryto Committeeinfluence, (D)intimidate, Divisionor (B)hinder ofa thisjuror sectionin doesthe notdischarge applyof to74 personsthe 78juror's presentingduties, factsincluding andin evidencethe tojuror's consideration of 75 the courtfacts duringor evidence presented at the trial for 79 which the juror 76 has been impaneled.

77 (D) Division (B) of this section does not apply to persons 78 presenting facts and evidence to the court during the trial for 79 which the juror has been impaneled.