By Avery Kreemer
Dayton Daily News
COLUMBUS, Ohio — A former sheriff and a volunteer firefighter — both from this area — serving in the Ohio House want to create a new criminal offense in Ohio law that would outlaw harassing emergency service responders.
How it would work
As proposed, House Bill 20, currently under consideration from the House Public Safety Committee, would essentially set a 14-foot perimeter around police, firefighters and EMS responders at the scene.
From there, the bill prohibits a person “from knowingly harassing an emergency service responder who is engaged in the lawful performance of a legal duty,” according to the nonpartisan Legislative Services Commission.
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Harassing, in this instance, means any behavior that can cause substantial emotional distress to the responder or interferes with their ability to lawfully perform a legal duty.
The offense would carry a charge of a first-degree misdemeanor. Bystanders could only be charged after being warned and continuing to encroach on the 14-foot perimeter the law would create.
Sponsors
State Rep. Thomas Hall, R- Madison Twp ., serves as a volunteer firefighter in his Butler County district. He stressed the need for first responders to have the space to assess situations, make decisions and provide care.
“Any factor, or in this case, person, that disrupts that process can ultimately be the difference between someone living or dying,” Hall said Tuesday while delivering sponsor testimony on the bill.
He, alongside longtime former Montgomery County Sheriff Rep. Phil Plummer, R- Butler Twp., told the committee that their proposal is not meant to dissuade bystanders from recording incidents, nor is it meant to dissuade bystanders from interfering when first responders are breaking the law.
“We’re just asking for a 14-foot ring where we can keep people back. YouTubers drive a lot of this, (as do) nosy citizens,” said Plummer, who noted that the law would also come into play during protests.
Pushback
Democratic members of House Public Safety Committee raised concerns that the law could unevenly applied, stressed that its first-degree misdemeanor charge is too harsh, and questioned whether a new offense was necessary given that Ohio already has second-degree misdemeanor charge for citizens who complete “any act that hampers or impedes a public official in the performance of the public official’s lawful duties.”
Plummer argued the bill’s aim is to create an awareness of what he’d call best practices for law enforcement, similar to how the state’s laws on pulling over for emergency response vehicles shifted public behavior.
“Now we’re going to give the message to the public to just give the first responders a 14-foot buffer,” Plummer said. “It’s more of an educational piece.”
H.B. 20 is slated for more hearings and is subject to committee changes.
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