Legislature calls for stiff punishments for fleeing
by Mary Ellen Hardies
THE POST
Judges will be handing down longer sentences to suspects who flee from police and assault officers once new legislation is in place.
Ohio House Bill 29, which passed last spring, specifies factors that judges must consider when sentencing an offender for not complying with a police officer's orders.
"It was considered a fourth-degree felony if you put a person or property in serious risk of harm (while fleeing or not complying with police) - and that is only up to 18 months in jail," said Paul Jarvis, legislative aid to Diane Grendell, R-Chesterland.
"This (bill) raises the (not complying) offense from a fourth-degree felony to a third degree felony, resulting in up to 5 years in prison," he said. "Along with that, it makes a mandatory prison sentence that must be served consecutively with any other punishment handed down."
The legislation was sparked by the pursuit of Damon Mills. Mills was stopped for a minor traffic violation and fled from police. The 36-mile chase, which exceeded speeds of 100 mph, resulted in one person's death and the serious injury of another.
During the Mills case, Jarvis said, the judge asked the district's state representative if something could be done to stiffen the penalties for fleeing.
"This legislation is acting as a deterrent for other people," he said.
Senate Bill 142, being discussed in the House, mandates judges to set bail for any offender that has assaulted an officer and that a minimum prison term of 12 months be served.
Michele Hulse, legislative aid for Robert Spada, R-Parma Heights, said in some misdemeanor cases a court clerk can set the bail amount. This legislation makes it necessary for judges to set bail, even in misdemeanor cases when an officer has been assaulted.
Currently, misdemeanors involving the assault of an officer carry a six- to 18-month sentence. If this bill passes, offenders will serve at least 12 months depending on the severity of the assault.
Sgt. Gary Lewis, of the Ohio State Highway Patrol, said the new legislation is a step in the right direction to protect officers' lives.
"We have a dangerous job, and the possibility of being involved in these situations is high," he said. "It is good to know that the penalties for willful want and negligent acts against officers are higher."
From 1995 to 1998, Ohio patrol officers have been involved in 3,000 suspect pursuits. Twenty percent of those ended in an accident. Since 1993, more law enforcement officers have been struck and killed by cars than shot with handguns, Lewis said.
"Any time you take a step to increase the penalties in dealing with the lives of officers in the line of duty, while protecting the citizens of Ohio, it is a positive one," he said. "I think having to increase the penalties shows that there is a need to look at the original level of punishment and, obviously, Ohio legislators thought there was a need."
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