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Proposed legislation would expand Ohio's stalking, harassment laws

TIFFANY L. PARKS
Special to the Legal News

Published: July 28, 2015

A Chardon senator has joined one of his House colleagues in filing a bill into the legislature that would expand the state’s criminal offenses of menacing by stalking and telecommunications harassment.

“During the 130th General Assembly, the Senate Criminal Justice Committee heard a very compelling story brought to us by Rep. (Marlene) Anielski in the form of House Bill 74,” said Sen. John Eklund.

“After hearing the account of Ms. Lori Siwik, an attorney from Broadview Heights, I decided to fully support this legislation and offer a companion bill.”

The companion proposal, Senate Bill 145, would expand the offense of menacing by stalking by making it unlawful for a person to engage in a pattern of conduct that knowingly causes another person to believe that the offender will cause physical harm or mental distress to a family or household member of the other person.

Existing law prohibits a person by engaging in a pattern of conduct from knowingly causing another person to believe that the offender will cause physical harm or mental distress to the other person.

Under the bill, several people qualify as family or household members including a spouse, person living as a spouse, a former spouse, parent, foster parent and child of the victim.

Eklund said Siwik fell victim to cyber stalking and cyber harassment in 2005 and 2006 and discovered that law enforcement officials were not able to assist her because of the type of harassment she was experiencing.

“SB 145 brings some of our current laws on menacing and stalking up to date and will provide more peace of mind to the victims and families of those who have experienced these terrible situations,” he said.

“I am hopeful that the legislation may be used as a tool by any individual in the future that may become a victim of cyber stalking.”

The bill has been endorsed by the Ohio Prosecuting Attorneys Association.

“This bill is necessary due to the heightened use of technology and the prevalence of using cyber stalking to harass a victim. We need to send a strong, clear message to those cyber stalkers that Ohio will not tolerate this behavior.”

Anielski, R-Walton Hills, reintroduced the proposed legislation as House Bill 151.

HB 151 has been reported out of the House Judiciary Committee.

SB 145 is co-sponsored by Sens. Cliff Hite, Shannon Jones, Tom Patton and Bill Beagle.

The bill is before the Senate Government Oversight and Reform Committee.

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