As Introduced

136th General Assembly

Regular Session H. B. No. 306

2025-2026

To amend section 2927.12 and to enact sections 2749.01, 2749.02, 2749.03, 2749.04, and 2927.121 of the Revised Code to enact the Hate Crime Act to prohibit hate crimes and to create a civil remedy for a person who is terrorized by another because of specific characteristics or beliefs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2927.12 be amended and sections 2749.01, 2749.02, 2749.03, 2749.04, and 2927.121 of the Revised Code be enacted to read as follows:

Sec. 2749.01. As used in this chapter:

(A) "Intimidation by threat of violence" includes both of the following:

(1) Making or threatening to make a claim or report to a peace officer or law enforcement agency that falsely alleges that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention, knowing that the claim or report is false or with reckless disregard for the truth or falsity of the claim or report;

(2) Distributing materials on private property, without authorization, with the purpose of terrorizing the owner or occupant of that private property.

(B) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(D) "Terrorize" means to cause a person of ordinary emotions and sensibilities to fear for the person's personal safety.

Sec. 2749.02. (A) Subject to division (B) of this section, no person shall terrorize another person by violence, or by intimidation by threat of violence, committed against the person or the person's property for any of the following reasons:

(1) The person's political affiliation;

(2) The person's race, color, religion, sex, national origin, or ancestry;

(3) The person's age, familial status, military status, or disability as those terms are defined in section 4112.01 of the Revised Code;

(4) The person's position in a labor dispute;

(5) A perception that the person has a political affiliation, characteristic, or position described in divisions (A)(1) to (4) of this section.

(B)(1) Division (A) of this section does not apply to statements concerning positions in a labor dispute made during lawful labor picketing.

(2) Speech alone does not constitute a violation of division (A) of this section, unless all the following apply:

(a) The speech itself threatens violence against a specific person or group of persons.

(b) The person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against the person or group of persons or the person's or group's property.

(d) The person threatening violence has the apparent ability to carry out the threat.

Sec. 2749.03. (A) Except as provided in division (B) of this section, all of the following apply to any protection granted by section 2749.02 of the Revised Code or any remedy available under section 2749.04 of the Revised Code:

(1) No person shall require another person to waive any protection granted by section 2749.02 of the Revised Code or any remedy available under section 2749.04 of the Revised Code as a condition of entering a contract for goods or services.

(2) No person shall refuse to contract with, or refuse to provide goods or services to, another person on the basis that the other person refuses to waive any protection granted by section 2749.02 of the Revised Code or any remedy available under section 2749.04 of the Revised Code.

(3) Any waiver of a protection granted by section 2749.02 of the Revised Code or any remedy available under section 2749.04 of the Revised Code shall be knowing and voluntary, in writing, and expressly not made as a condition of entering a contract for goods or services or as a condition of providing or receiving goods and services.

(4) Any waiver of a protection granted by section 2749.02 of the Revised Code or a waiver of a remedy available under section 2749.04 of the Revised Code that is required as a condition of entering a contract for goods or services is void. This division does not affect the validity of any other provision of the contract.

(5) A person who seeks to enforce a waiver of a protection granted by section 2749.02 of the Revised Code or any remedy available under section 2749.04 of the Revised Code has the burden of proving that the waiver was knowing and voluntary and not made as a condition of a contract or of providing or receiving goods or services.

(6) The exercise of a person's right to refuse to waive a protection granted by section 2749.02 of the Revised Code or a remedy available under section 2749.04 of the Revised Code, including rejecting a contract provision requiring a waiver, does not affect any otherwise legal term of a contract or an agreement.

(B)(1) Division (A) of this section does not apply to an agreement to waive a protection granted by section 2749.02 of the Revised Code or a remedy available under section 2749.04 of the Revised Code if the agreement is intended to settle a legal claim arising from the same facts and circumstances.

(2) This section applies to an agreement or contract entered into, altered, modified, renewed, or extended on or after the effective date of this section.

Sec. 2749.04. (A) A person may bring a civil action against another person alleging a violation of section 2749.02 or 2749.03 of the Revised Code in a court of competent jurisdiction. In the event the person prevails in the action, the court shall award costs and reasonable attorney's fees to the person. The court may award any of the following, as appropriate:

(1) Actual damages;

(2) Punitive damages determined by the court;

(3) A civil fine not to exceed twenty-five thousand dollars.

(B) A person may file a complaint alleging a violation of section 2749.02 or 2749.03 of the Revised Code with the attorney general or the county prosecutor for the county in which the alleged violation occurred. The attorney general or county prosecutor may investigate the complaint. If, after investigating a complaint, the attorney general or county prosecutor determines that it is likely a violation has occurred, the attorney general or county prosecutor may bring an action described in division (A) of this section against the person alleged to have violated section 2749.02 or 2749.03 of the Revised Code on behalf of the person who is the subject of the complaint. In the event the attorney general or county prosecutor prevails in the action, the court shall award costs, reasonable attorney's fees, and the civil penalty described in division (A)(3) to the attorney general or county prosecutor. The court shall award any other remedy described in division (A) of this section to the person who is the subject of the complaint.

Sec. 2927.12. (A) No person shall violate section ~~2903.21, 2903.22,~~ 2909.06, or 2909.07, or division (A)(3), (4), or (5) of section 2917.21 of the Revised Code by reason of the race, color, religion, or national origin of another person or group of persons.

(B) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation.

Sec. 2927.121. (A) No person shall commit an offense of violence under the following circumstances:

(1) The person committed the offense against a victim who was intentionally selected.

(2) The victim was selected because of the person's belief or perception regarding the victim's race, color, religion, sex, national origin, physical or mental disability, age, political opinion, or the exercise of the victim's political rights and privileges, whether or not the perception is correct.

(B) Whoever violates this section is guilty of a hate crime. A hate crime is an offense of the next higher degree than the offense the commission of which is a necessary element of the hate crime.

Section 2. That existing section 2927.12 of the Revised Code is hereby repealed.

Section 3. This act shall be known as the Hate Crime Act.