Ohio bill would boost penalties for suspects who barricade themselves to avoid arrest

COLUMBUS, Ohio (WCMH) – A recently introduced Ohio bill seeks to boost penalties for suspects who barricade themselves to avoid arrest.

Senate Bill 188, introduced by Sen. Tom Patton (R-Strongsville) in late April, would make it a crime in the state for individuals to barricade themselves to evade law enforcement. Barricading occurs when a suspect takes position in a location, such as a structure or vehicle, where police cannot readily reach them and refuses to follow orders.

"Curbing the rate of criminals who barricade themselves from law enforcement safeguards our peace officers from further harm and helps ensure the safety of our communities,” Patton said in a news release. 

The legislation specifically prohibits a person who is under arrest for a felony or violent misdemeanor from occupying a location that prevents immediate access by law enforcement and refusing to exit. The bill classifies doing so as a third-degree felony, which can carry a penalty of nine months to three years in prison, in addition to a possible $10,000 fine. 

The charge could be upgraded to a second-degree felony if the person who committed the offense created a risk of serious physical harm to any person, indicated to law enforcement that they were in possession of a deadly weapon, or if a third person was also unwillingly barricaded. If the third person present was a minor or elderly individual, the charge would be bumped up to a first-degree felony. 

For these escalated offenses, prison time would be mandatory. Offenders charged with a second-degree felony would serve a minimum of two years in prison and those charged with a first-degree felony would face a minimum sentence of three years. The bill would also make it a fourth-degree felony to assist a fleeing suspect in establishing a barricade.

Patton said the U.S. Marshals Service brought the issue to his attention. U.S. Marshal Pete Elliot called the bill a “necessary step” in reducing barricade situations, as well as lowering the risk of harm to law enforcement officials and the community. 

“Our officers of the U.S. Marshals Northern Ohio Violent Fugitive Task Force deal with barricaded subjects on a daily basis, greatly increasing the danger to themselves and to surrounding neighbors," Elliot said in a statement. 

While there is currently no law in Ohio specifically banning people from barricading during a police encounter, it is illegal to flee and elude law enforcement. Doing so is a first-degree misdemeanor, which can be escalated to a fourth-degree or a third-degree felony depending on the prior crime committed and if the person posed a risk of serious physical harm to people or property. 

SB 188 was referred to the Judiciary Committee, where it awaits its first hearing.