Bill Text: OH HB103 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To provide that residential and familial information of a probation officer is not a public record, to increase the penalties for certain offenses when a judge or magistrate is the victim, to prohibit a person from threatening a judge or magistrate, and to make the killing of a judge or magistrate an aggravating circumstance for the imposition of the death penalty for aggravated murder.

Spectrum: Slight Partisan Bill (Democrat 30-15)

Status: (Engrossed - Dead) 2009-10-08 - To Judiciary Criminal Justice [HB103 Detail]

Download: Ohio-2009-HB103-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 103

Representatives Fende, Harwood 

Cosponsors: Representatives Zehringer, Murray, Huffman, Ujvagi, Uecker, Evans, Letson, Chandler, Okey, Luckie, Williams, S., Yuko, Domenick, Slesnick, Adams, R., Bacon, Batchelder, Blessing, Bolon, Boyd, Bubp, Celeste, Combs, Daniels, DeBose, DeGeeter, Dyer, Garland, Garrison, Goyal, Grossman, Hackett, Harris, Heard, Hite, Lundy, Mallory, Mecklenborg, Sayre, Szollosi, Weddington, Williams, B., Winburn 

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A BILL

To amend sections 149.43, 2903.01, 2903.11, 2903.12,

1

2903.13, 2903.21, and 2929.04 and to enact

2

section 2903.23 of the Revised Code to provide

3

that residential and familial information of a

4

probation officer is not a public record, to

5

increase the penalties for certain offenses when

6

a judge or magistrate is the victim, to prohibit

7

a person from threatening a judge or magistrate,

8

and to make the killing of a judge or magistrate

9

an aggravating circumstance for the imposition of

10

the death penalty for aggravated murder.

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

Section 1. That sections 149.43, 2903.01, 2903.11, 2903.12,	12
2903.13, 2903.21, and 2929.04 be amended and section 2903.23 of	13
the Revised Code be enacted to read as follows:	14

Sec. 149.43.  (A) As used in this section:

15

(1) "Public record" means records kept by any public office,	16
including, but not limited to, state, county, city, village,	17
township, and school district units, and records pertaining to the	18
delivery of educational services by an alternative school in this	19
state kept by the nonprofit or for-profit entity operating the	20
alternative school pursuant to section 3313.533 of the Revised	21
Code. "Public record" does not mean any of the following:	22

(a) Medical records;

23

(b) Records pertaining to probation and parole proceedings or	24
to proceedings related to the imposition of community control	25
sanctions and post-release control sanctions;	26

(c) Records pertaining to actions under section 2151.85 and	27
division (C) of section 2919.121 of the Revised Code and to	28
appeals of actions arising under those sections;	29

(d) Records pertaining to adoption proceedings, including the	30
contents of an adoption file maintained by the department of	31
health under section 3705.12 of the Revised Code;	32

(e) Information in a record contained in the putative father	33
registry established by section 3107.062 of the Revised Code,	34
regardless of whether the information is held by the department of	35
job and family services or, pursuant to section 3111.69 of the	36
Revised Code, the office of child support in the department or a	37
child support enforcement agency;	38

(f) Records listed in division (A) of section 3107.42 of the	39
Revised Code or specified in division (A) of section 3107.52 of	40
the Revised Code;	41

(g) Trial preparation records;

42

(h) Confidential law enforcement investigatory records;

43

(i) Records containing information that is confidential under	44
section 2710.03 or 4112.05 of the Revised Code;	45

(j) DNA records stored in the DNA database pursuant to	46
section 109.573 of the Revised Code;	47

(k) Inmate records released by the department of	48
rehabilitation and correction to the department of youth services	49
or a court of record pursuant to division (E) of section 5120.21	50
of the Revised Code;	51

(l) Records maintained by the department of youth services	52
pertaining to children in its custody released by the department	53
of youth services to the department of rehabilitation and	54
correction pursuant to section 5139.05 of the Revised Code;	55

(m) Intellectual property records;

56

(n) Donor profile records;

57

(o) Records maintained by the department of job and family	58
services pursuant to section 3121.894 of the Revised Code;	59

(p) Peace officer, parole officer, probation officer,	60
prosecuting attorney, assistant prosecuting attorney,	61
correctional employee, youth services employee, firefighter, or	62
EMT residential and familial information;	63

(q) In the case of a county hospital operated pursuant to	64
Chapter 339. of the Revised Code or a municipal hospital operated	65
pursuant to Chapter 749. of the Revised Code, information that	66
constitutes a trade secret, as defined in section 1333.61 of the	67
Revised Code;	68

(r) Information pertaining to the recreational activities of	69
a person under the age of eighteen;	70

(s) Records provided to, statements made by review board	71
members during meetings of, and all work products of a child	72
fatality review board acting under sections 307.621 to 307.629 of	73
the Revised Code, other than the report prepared pursuant to	74
section 307.626 of the Revised Code;	75

(t) Records provided to and statements made by the executive	76
director of a public children services agency or a prosecuting	77
attorney acting pursuant to section 5153.171 of the Revised Code	78
other than the information released under that section;	79

(u) Test materials, examinations, or evaluation tools used in	80
an examination for licensure as a nursing home administrator that	81
the board of examiners of nursing home administrators administers	82
under section 4751.04 of the Revised Code or contracts under that	83
section with a private or government entity to administer;	84

(v) Records the release of which is prohibited by state or	85
federal law;	86

(w) Proprietary information of or relating to any person that	87
is submitted to or compiled by the Ohio venture capital authority	88
created under section 150.01 of the Revised Code;	89

(x) Information reported and evaluations conducted pursuant	90
to section 3701.072 of the Revised Code;	91

(y) Financial statements and data any person submits for any	92
purpose to the Ohio housing finance agency or the controlling	93
board in connection with applying for, receiving, or accounting	94
for financial assistance from the agency, and information that	95
identifies any individual who benefits directly or indirectly from	96
financial assistance from the agency;	97

(z) Records listed in section 5101.29 of the Revised Code;

98

(aa) Discharges recorded with a county recorder under section	99
317.24 of the Revised Code, as specified in division (B)(2) of	100
that section.	101

(2) "Confidential law enforcement investigatory record" means	102
any record that pertains to a law enforcement matter of a	103
criminal, quasi-criminal, civil, or administrative nature, but	104
only to the extent that the release of the record would create a	105
high probability of disclosure of any of the following:	106

(a) The identity of a suspect who has not been charged with	107
the offense to which the record pertains, or of an information	108
source or witness to whom confidentiality has been reasonably	109
promised;	110

(b) Information provided by an information source or witness	111
to whom confidentiality has been reasonably promised, which	112
information would reasonably tend to disclose the source's or	113
witness's identity;	114

(c) Specific confidential investigatory techniques or	115
procedures or specific investigatory work product;	116

(d) Information that would endanger the life or physical	117
safety of law enforcement personnel, a crime victim, a witness, or	118
a confidential information source.	119

(3) "Medical record" means any document or combination of	120
documents, except births, deaths, and the fact of admission to or	121
discharge from a hospital, that pertains to the medical history,	122
diagnosis, prognosis, or medical condition of a patient and that	123
is generated and maintained in the process of medical treatment.	124

(4) "Trial preparation record" means any record that contains	125
information that is specifically compiled in reasonable	126
anticipation of, or in defense of, a civil or criminal action or	127
proceeding, including the independent thought processes and	128
personal trial preparation of an attorney.	129

(5) "Intellectual property record" means a record, other than	130
a financial or administrative record, that is produced or	131
collected by or for faculty or staff of a state institution of	132
higher learning in the conduct of or as a result of study or	133
research on an educational, commercial, scientific, artistic,	134
technical, or scholarly issue, regardless of whether the study or	135
research was sponsored by the institution alone or in conjunction	136
with a governmental body or private concern, and that has not been	137
publicly released, published, or patented.	138

(6) "Donor profile record" means all records about donors or	139
potential donors to a public institution of higher education	140
except the names and reported addresses of the actual donors and	141
the date, amount, and conditions of the actual donation.	142

(7) "Peace officer, parole officer, probation officer,	143
prosecuting attorney, assistant prosecuting attorney,	144
correctional employee, youth services employee, firefighter, or	145
EMT residential and familial information" means any information	146
that discloses any of the following about a peace officer, parole	147
officer, probation officer, prosecuting attorney, assistant	148
prosecuting attorney, correctional employee, youth services	149
employee, firefighter, or EMT:	150

(a) The address of the actual personal residence of a peace	151
officer, parole officer, probation officer, assistant prosecuting	152
attorney, correctional employee, youth services employee,	153
firefighter, or EMT, except for the state or political	154
subdivision in which the peace officer, parole officer, probation	155
officer, assistant prosecuting attorney, correctional employee,	156
youth services employee, firefighter, or EMT resides;	157

(b) Information compiled from referral to or participation in	158
an employee assistance program;	159

(c) The social security number, the residential telephone	160
number, any bank account, debit card, charge card, or credit card	161
number, or the emergency telephone number of, or any medical	162
information pertaining to, a peace officer, parole officer,	163
probation officer, prosecuting attorney, assistant prosecuting	164
attorney, correctional employee, youth services employee,	165
firefighter, or EMT;	166

(d) The name of any beneficiary of employment benefits,	167
including, but not limited to, life insurance benefits, provided	168
to a peace officer, parole officer, probation officer, prosecuting	169
attorney, assistant prosecuting attorney, correctional employee,	170
youth services employee, firefighter, or EMT by the peace	171
officer's, parole officer's, probation officer's, prosecuting	172
attorney's, assistant prosecuting attorney's, correctional	173
employee's, youth services employee's, firefighter's, or EMT's	174
employer;	175

(e) The identity and amount of any charitable or employment	176
benefit deduction made by the peace officer's, parole officer's,	177
probation officer's, prosecuting attorney's, assistant prosecuting	178
attorney's, correctional employee's, youth services employee's,	179
firefighter's, or EMT's employer from the peace officer's, parole	180
officer's, probation officer's, prosecuting attorney's, assistant	181
prosecuting attorney's, correctional employee's, youth services	182
employee's, firefighter's, or EMT's compensation unless the	183
amount of the deduction is required by state or federal law;	184

(f) The name, the residential address, the name of the	185
employer, the address of the employer, the social security number,	186
the residential telephone number, any bank account, debit card,	187
charge card, or credit card number, or the emergency telephone	188
number of the spouse, a former spouse, or any child of a peace	189
officer, parole officer, probation officer, prosecuting attorney,	190
assistant prosecuting attorney, correctional employee, youth	191
services employee, firefighter, or EMT;	192

(g) A photograph of a peace officer who holds a position or	193
has an assignment that may include undercover or plain clothes	194
positions or assignments as determined by the peace officer's	195
appointing authority.	196

As used in divisions (A)(7) and (B)(9) of this section,	197
"peace officer" has the same meaning as in section 109.71 of the	198
Revised Code and also includes the superintendent and troopers of	199
the state highway patrol; it does not include the sheriff of a	200
county or a supervisory employee who, in the absence of the	201
sheriff, is authorized to stand in for, exercise the authority of,	202
and perform the duties of the sheriff.	203

As used in divisions (A)(7) and (B)(5) of this section,	204
"correctional employee" means any employee of the department of	205
rehabilitation and correction who in the course of performing the	206
employee's job duties has or has had contact with inmates and	207
persons under supervision.	208

As used in divisions (A)(7) and (B)(5) of this section,	209
"youth services employee" means any employee of the department of	210
youth services who in the course of performing the employee's job	211
duties has or has had contact with children committed to the	212
custody of the department of youth services.	213

As used in divisions (A)(7) and (B)(9) of this section,	214
"firefighter" means any regular, paid or volunteer, member of a	215
lawfully constituted fire department of a municipal corporation,	216
township, fire district, or village.	217

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	218
means EMTs-basic, EMTs-I, and paramedics that provide emergency	219
medical services for a public emergency medical service	220
organization. "Emergency medical service organization,"	221
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	222
section 4765.01 of the Revised Code.	223

(8) "Information pertaining to the recreational activities of	224
a person under the age of eighteen" means information that is kept	225
in the ordinary course of business by a public office, that	226
pertains to the recreational activities of a person under the age	227
of eighteen years, and that discloses any of the following:	228

(a) The address or telephone number of a person under the age	229
of eighteen or the address or telephone number of that person's	230
parent, guardian, custodian, or emergency contact person;	231

(b) The social security number, birth date, or photographic	232
image of a person under the age of eighteen;	233

(c) Any medical record, history, or information pertaining to	234
a person under the age of eighteen;	235

(d) Any additional information sought or required about a	236
person under the age of eighteen for the purpose of allowing that	237
person to participate in any recreational activity conducted or	238
sponsored by a public office or to use or obtain admission	239
privileges to any recreational facility owned or operated by a	240
public office.	241

(9) "Community control sanction" has the same meaning as in	242
section 2929.01 of the Revised Code.	243

(10) "Post-release control sanction" has the same meaning as	244
in section 2967.01 of the Revised Code.	245

(11) "Redaction" means obscuring or deleting any information	246
that is exempt from the duty to permit public inspection or	247
copying from an item that otherwise meets the definition of a	248
"record" in section 149.011 of the Revised Code.	249

(12) "Designee" and "elected official" have the same meanings	250
as in section 109.43 of the Revised Code.	251

(B)(1) Upon request and subject to division (B)(8) of this	252
section, all public records responsive to the request shall be	253
promptly prepared and made available for inspection to any person	254
at all reasonable times during regular business hours. Subject to	255
division (B)(8) of this section, upon request, a public office or	256
person responsible for public records shall make copies of the	257
requested public record available at cost and within a reasonable	258
period of time. If a public record contains information that is	259
exempt from the duty to permit public inspection or to copy the	260
public record, the public office or the person responsible for the	261
public record shall make available all of the information within	262
the public record that is not exempt. When making that public	263
record available for public inspection or copying that public	264
record, the public office or the person responsible for the public	265
record shall notify the requester of any redaction or make the	266
redaction plainly visible. A redaction shall be deemed a denial of	267
a request to inspect or copy the redacted information, except if	268
federal or state law authorizes or requires a public office to	269
make the redaction.	270

(2) To facilitate broader access to public records, a public	271
office or the person responsible for public records shall organize	272
and maintain public records in a manner that they can be made	273
available for inspection or copying in accordance with division	274
(B) of this section. A public office also shall have available a	275
copy of its current records retention schedule at a location	276
readily available to the public. If a requester makes an ambiguous	277
or overly broad request or has difficulty in making a request for	278
copies or inspection of public records under this section such	279
that the public office or the person responsible for the requested	280
public record cannot reasonably identify what public records are	281
being requested, the public office or the person responsible for	282
the requested public record may deny the request but shall provide	283
the requester with an opportunity to revise the request by	284
informing the requester of the manner in which records are	285
maintained by the public office and accessed in the ordinary	286
course of the public office's or person's duties.	287

(3) If a request is ultimately denied, in part or in whole,	288
the public office or the person responsible for the requested	289
public record shall provide the requester with an explanation,	290
including legal authority, setting forth why the request was	291
denied. If the initial request was provided in writing, the	292
explanation also shall be provided to the requester in writing.	293
The explanation shall not preclude the public office or the person	294
responsible for the requested public record from relying upon	295
additional reasons or legal authority in defending an action	296
commenced under division (C) of this section.	297

(4) Unless specifically required or authorized by state or	298
federal law or in accordance with division (B) of this section, no	299
public office or person responsible for public records may limit	300
or condition the availability of public records by requiring	301
disclosure of the requester's identity or the intended use of the	302
requested public record. Any requirement that the requester	303
disclose the requestor's identity or the intended use of the	304
requested public record constitutes a denial of the request.	305

(5) A public office or person responsible for public records	306
may ask a requester to make the request in writing, may ask for	307
the requester's identity, and may inquire about the intended use	308
of the information requested, but may do so only after disclosing	309
to the requester that a written request is not mandatory and that	310
the requester may decline to reveal the requester's identity or	311
the intended use and when a written request or disclosure of the	312
identity or intended use would benefit the requester by enhancing	313
the ability of the public office or person responsible for public	314
records to identify, locate, or deliver the public records sought	315
by the requester.	316

(6) If any person chooses to obtain a copy of a public record	317
in accordance with division (B) of this section, the public office	318
or person responsible for the public record may require that	319
person to pay in advance the cost involved in providing the copy	320
of the public record in accordance with the choice made by the	321
person seeking the copy under this division. The public office or	322
the person responsible for the public record shall permit that	323
person to choose to have the public record duplicated upon paper,	324
upon the same medium upon which the public office or person	325
responsible for the public record keeps it, or upon any other	326
medium upon which the public office or person responsible for the	327
public record determines that it reasonably can be duplicated as	328
an integral part of the normal operations of the public office or	329
person responsible for the public record. When the person seeking	330
the copy makes a choice under this division, the public office or	331
person responsible for the public record shall provide a copy of	332
it in accordance with the choice made by the person seeking the	333
copy. Nothing in this section requires a public office or person	334
responsible for the public record to allow the person seeking a	335
copy of the public record to make the copies of the public record.	336

(7) Upon a request made in accordance with division (B) of	337
this section and subject to division (B)(6) of this section, a	338
public office or person responsible for public records shall	339
transmit a copy of a public record to any person by United States	340
mail or by any other means of delivery or transmission within a	341
reasonable period of time after receiving the request for the	342
copy. The public office or person responsible for the public	343
record may require the person making the request to pay in advance	344
the cost of postage if the copy is transmitted by United States	345
mail or the cost of delivery if the copy is transmitted other than	346
by United States mail, and to pay in advance the costs incurred	347
for other supplies used in the mailing, delivery, or transmission.	348

Any public office may adopt a policy and procedures that it	349
will follow in transmitting, within a reasonable period of time	350
after receiving a request, copies of public records by United	351
States mail or by any other means of delivery or transmission	352
pursuant to this division. A public office that adopts a policy	353
and procedures under this division shall comply with them in	354
performing its duties under this division.	355

In any policy and procedures adopted under this division, a	356
public office may limit the number of records requested by a	357
person that the office will transmit by United States mail to ten	358
per month, unless the person certifies to the office in writing	359
that the person does not intend to use or forward the requested	360
records, or the information contained in them, for commercial	361
purposes. For purposes of this division, "commercial" shall be	362
narrowly construed and does not include reporting or gathering	363
news, reporting or gathering information to assist citizen	364
oversight or understanding of the operation or activities of	365
government, or nonprofit educational research.	366

(8) A public office or person responsible for public records	367
is not required to permit a person who is incarcerated pursuant to	368
a criminal conviction or a juvenile adjudication to inspect or to	369
obtain a copy of any public record concerning a criminal	370
investigation or prosecution or concerning what would be a	371
criminal investigation or prosecution if the subject of the	372
investigation or prosecution were an adult, unless the request to	373
inspect or to obtain a copy of the record is for the purpose of	374
acquiring information that is subject to release as a public	375
record under this section and the judge who imposed the sentence	376
or made the adjudication with respect to the person, or the	377
judge's successor in office, finds that the information sought in	378
the public record is necessary to support what appears to be a	379
justiciable claim of the person.	380

(9) Upon written request made and signed by a journalist on	381
or after December 16, 1999, a public office, or person responsible	382
for public records, having custody of the records of the agency	383
employing a specified peace officer, parole officer, prosecuting	384
attorney, assistant prosecuting attorney, correctional employee,	385
youth services employee, firefighter, or EMT shall disclose to the	386
journalist the address of the actual personal residence of the	387
peace officer, parole officer, prosecuting attorney, assistant	388
prosecuting attorney, correctional employee, youth services	389
employee, firefighter, or EMT and, if the peace officer's, parole	390
officer's, prosecuting attorney's, assistant prosecuting	391
attorney's, correctional employee's, youth services employee's,	392
firefighter's, or EMT's spouse, former spouse, or child is	393
employed by a public office, the name and address of the employer	394
of the peace officer's, parole officer's, prosecuting attorney's,	395
assistant prosecuting attorney's, correctional employee's, youth	396
services employee's, firefighter's, or EMT's spouse, former	397
spouse, or child. The request shall include the journalist's name	398
and title and the name and address of the journalist's employer	399
and shall state that disclosure of the information sought would be	400
in the public interest.	401

As used in this division, "journalist" means a person engaged	402
in, connected with, or employed by any news medium, including a	403
newspaper, magazine, press association, news agency, or wire	404
service, a radio or television station, or a similar medium, for	405
the purpose of gathering, processing, transmitting, compiling,	406
editing, or disseminating information for the general public.	407

(C)(1) If a person allegedly is aggrieved by the failure of a	408
public office or the person responsible for public records to	409
promptly prepare a public record and to make it available to the	410
person for inspection in accordance with division (B) of this	411
section or by any other failure of a public office or the person	412
responsible for public records to comply with an obligation in	413
accordance with division (B) of this section, the person allegedly	414
aggrieved may commence a mandamus action to obtain a judgment that	415
orders the public office or the person responsible for the public	416
record to comply with division (B) of this section, that awards	417
court costs and reasonable attorney's fees to the person that	418
instituted the mandamus action, and, if applicable, that includes	419
an order fixing statutory damages under division (C)(1) of this	420
section. The mandamus action may be commenced in the court of	421
common pleas of the county in which division (B) of this section	422
allegedly was not complied with, in the supreme court pursuant to	423
its original jurisdiction under Section 2 of Article IV, Ohio	424
Constitution, or in the court of appeals for the appellate	425
district in which division (B) of this section allegedly was not	426
complied with pursuant to its original jurisdiction under Section	427
3 of Article IV, Ohio Constitution.	428

If a requestor transmits a written request by hand delivery	429
or certified mail to inspect or receive copies of any public	430
record in a manner that fairly describes the public record or	431
class of public records to the public office or person responsible	432
for the requested public records, except as otherwise provided in	433
this section, the requestor shall be entitled to recover the	434
amount of statutory damages set forth in this division if a court	435
determines that the public office or the person responsible for	436
public records failed to comply with an obligation in accordance	437
with division (B) of this section.	438

The amount of statutory damages shall be fixed at one hundred	439
dollars for each business day during which the public office or	440
person responsible for the requested public records failed to	441
comply with an obligation in accordance with division (B) of this	442
section, beginning with the day on which the requester files a	443
mandamus action to recover statutory damages, up to a maximum of	444
one thousand dollars. The award of statutory damages shall not be	445
construed as a penalty, but as compensation for injury arising	446
from lost use of the requested information. The existence of this	447
injury shall be conclusively presumed. The award of statutory	448
damages shall be in addition to all other remedies authorized by	449
this section.	450

The court may reduce an award of statutory damages or not	451
award statutory damages if the court determines both of the	452
following:	453

(a) That, based on the ordinary application of statutory law	454
and case law as it existed at the time of the conduct or	455
threatened conduct of the public office or person responsible for	456
the requested public records that allegedly constitutes a failure	457
to comply with an obligation in accordance with division (B) of	458
this section and that was the basis of the mandamus action, a	459
well-informed public office or person responsible for the	460
requested public records reasonably would believe that the conduct	461
or threatened conduct of the public office or person responsible	462
for the requested public records did not constitute a failure to	463
comply with an obligation in accordance with division (B) of this	464
section;	465

(b) That a well-informed public office or person responsible	466
for the requested public records reasonably would believe that the	467
conduct or threatened conduct of the public office or person	468
responsible for the requested public records would serve the	469
public policy that underlies the authority that is asserted as	470
permitting that conduct or threatened conduct.	471

(2)(a) If the court issues a writ of mandamus that orders the	472
public office or the person responsible for the public record to	473
comply with division (B) of this section and determines that the	474
circumstances described in division (C)(1) of this section exist,	475
the court shall determine and award to the relator all court	476
costs.	477

(b) If the court renders a judgment that orders the public	478
office or the person responsible for the public record to comply	479
with division (B) of this section, the court may award reasonable	480
attorney's fees subject to reduction as described in division	481
(C)(2)(c) of this section. The court shall award reasonable	482
attorney's fees, subject to reduction as described in division	483
(C)(2)(c) of this section when either of the following applies:	484

(i) The public office or the person responsible for the	485
public records failed to respond affirmatively or negatively to	486
the public records request in accordance with the time allowed	487
under division (B) of this section.	488

(ii) The public office or the person responsible for the	489
public records promised to permit the relator to inspect or	490
receive copies of the public records requested within a specified	491
period of time but failed to fulfill that promise within that	492
specified period of time.	493

(c) Court costs and reasonable attorney's fees awarded under	494
this section shall be construed as remedial and not punitive.	495
Reasonable attorney's fees shall include reasonable fees incurred	496
to produce proof of the reasonableness and amount of the fees and	497
to otherwise litigate entitlement to the fees. The court may	498
reduce an award of attorney's fees to the relator or not award	499
attorney's fees to the relator if the court determines both of the	500
following:	501

(i) That, based on the ordinary application of statutory law	502
and case law as it existed at the time of the conduct or	503
threatened conduct of the public office or person responsible for	504
the requested public records that allegedly constitutes a failure	505
to comply with an obligation in accordance with division (B) of	506
this section and that was the basis of the mandamus action, a	507
well-informed public office or person responsible for the	508
requested public records reasonably would believe that the conduct	509
or threatened conduct of the public office or person responsible	510
for the requested public records did not constitute a failure to	511
comply with an obligation in accordance with division (B) of this	512
section;	513

(ii) That a well-informed public office or person responsible	514
for the requested public records reasonably would believe that the	515
conduct or threatened conduct of the public office or person	516
responsible for the requested public records as described in	517
division (C)(2)(c)(i) of this section would serve the public	518
policy that underlies the authority that is asserted as permitting	519
that conduct or threatened conduct.	520

(D) Chapter 1347. of the Revised Code does not limit the	521
provisions of this section.	522

(E)(1) To ensure that all employees of public offices are	523
appropriately educated about a public office's obligations under	524
division (B) of this section, all elected officials or their	525
appropriate designees shall attend training approved by the	526
attorney general as provided in section 109.43 of the Revised	527
Code. In addition, all public offices shall adopt a public records	528
policy in compliance with this section for responding to public	529
records requests. In adopting a public records policy under this	530
division, a public office may obtain guidance from the model	531
public records policy developed and provided to the public office	532
by the attorney general under section 109.43 of the Revised Code.	533
Except as otherwise provided in this section, the policy may not	534
limit the number of public records that the public office will	535
make available to a single person, may not limit the number of	536
public records that it will make available during a fixed period	537
of time, and may not establish a fixed period of time before it	538
will respond to a request for inspection or copying of public	539
records, unless that period is less than eight hours.	540

(2) The public office shall distribute the public records	541
policy adopted by the public office under division (E)(1) of this	542
section to the employee of the public office who is the records	543
custodian or records manager or otherwise has custody of the	544
records of that office. The public office shall require that	545
employee to acknowledge receipt of the copy of the public records	546
policy. The public office shall create a poster that describes its	547
public records policy and shall post the poster in a conspicuous	548
place in the public office and in all locations where the public	549
office has branch offices. The public office may post its public	550
records policy on the internet web site of the public office if	551
the public office maintains an internet web site. A public office	552
that has established a manual or handbook of its general policies	553
and procedures for all employees of the public office shall	554
include the public records policy of the public office in the	555
manual or handbook.	556

(F)(1) The bureau of motor vehicles may adopt rules pursuant	557
to Chapter 119. of the Revised Code to reasonably limit the number	558
of bulk commercial special extraction requests made by a person	559
for the same records or for updated records during a calendar	560
year. The rules may include provisions for charges to be made for	561
bulk commercial special extraction requests for the actual cost of	562
the bureau, plus special extraction costs, plus ten per cent. The	563
bureau may charge for expenses for redacting information, the	564
release of which is prohibited by law.	565

(2) As used in division (F)(1) of this section:

566

(a) "Actual cost" means the cost of depleted supplies,	567
records storage media costs, actual mailing and alternative	568
delivery costs, or other transmitting costs, and any direct	569
equipment operating and maintenance costs, including actual costs	570
paid to private contractors for copying services.	571

(b) "Bulk commercial special extraction request" means a	572
request for copies of a record for information in a format other	573
than the format already available, or information that cannot be	574
extracted without examination of all items in a records series,	575
class of records, or data base by a person who intends to use or	576
forward the copies for surveys, marketing, solicitation, or resale	577
for commercial purposes. "Bulk commercial special extraction	578
request" does not include a request by a person who gives	579
assurance to the bureau that the person making the request does	580
not intend to use or forward the requested copies for surveys,	581
marketing, solicitation, or resale for commercial purposes.	582

(c) "Commercial" means profit-seeking production, buying, or	583
selling of any good, service, or other product.	584

(d) "Special extraction costs" means the cost of the time	585
spent by the lowest paid employee competent to perform the task,	586
the actual amount paid to outside private contractors employed by	587
the bureau, or the actual cost incurred to create computer	588
programs to make the special extraction. "Special extraction	589
costs" include any charges paid to a public agency for computer or	590
records services.	591

(3) For purposes of divisions (F)(1) and (2) of this section,	592
"surveys, marketing, solicitation, or resale for commercial	593
purposes" shall be narrowly construed and does not include	594
reporting or gathering news, reporting or gathering information to	595
assist citizen oversight or understanding of the operation or	596
activities of government, or nonprofit educational research.	597

Sec. 2903.01.  (A) No person shall purposely, and with prior	598
calculation and design, cause the death of another or the unlawful	599
termination of another's pregnancy.	600

(B) No person shall purposely cause the death of another or	601
the unlawful termination of another's pregnancy while committing	602
or attempting to commit, or while fleeing immediately after	603
committing or attempting to commit, kidnapping, rape, aggravated	604
arson, arson, aggravated robbery, robbery, aggravated burglary,	605
burglary, terrorism, or escape.	606

(C) No person shall purposely cause the death of another who	607
is under thirteen years of age at the time of the commission of	608
the offense.	609

(D) No person who is under detention as a result of having	610
been found guilty of or having pleaded guilty to a felony or who	611
breaks that detention shall purposely cause the death of another.	612

(E) No person shall purposely cause the death of a judge,	613
magistrate, or law enforcement officer whom the offender knows or	614
has reasonable cause to know is a judge, magistrate, or law	615
enforcement officer when either of the following applies:	616

(1) The victim, at the time of the commission of the offense,	617
is engaged in the victim's duties.	618

(2) It is the offender's specific purpose to kill a judge,	619
magistrate, or law enforcement officer.	620

(F) Whoever violates this section is guilty of aggravated	621
murder, and shall be punished as provided in section 2929.02 of	622
the Revised Code.	623

(G) As used in this section:

624

(1) "Detention" has the same meaning as in section 2921.01 of	625
the Revised Code.	626

(2) "Law enforcement officer" has the same meaning as in	627
section 2911.01 of the Revised Code.	628

(3) "Judge" means a judge of a court created under the	629
constitution or statutes of this state or of a United States court	630
located in this state.	631

(4) "Magistrate" means a magistrate of a court created under	632
the constitution or statutes of this state or of a United States	633
court located in this state.	634

Sec. 2903.11.  (A) No person shall knowingly do either of the	635
following:	636

(1) Cause serious physical harm to another or to another's	637
unborn;	638

(2) Cause or attempt to cause physical harm to another or to	639
another's unborn by means of a deadly weapon or dangerous	640
ordnance.	641

(B) No person, with knowledge that the person has tested	642
positive as a carrier of a virus that causes acquired	643
immunodeficiency syndrome, shall knowingly do any of the	644
following:	645

(1) Engage in sexual conduct with another person without	646
disclosing that knowledge to the other person prior to engaging in	647
the sexual conduct;	648

(2) Engage in sexual conduct with a person whom the offender	649
knows or has reasonable cause to believe lacks the mental capacity	650
to appreciate the significance of the knowledge that the offender	651
has tested positive as a carrier of a virus that causes acquired	652
immunodeficiency syndrome;	653

(3) Engage in sexual conduct with a person under eighteen	654
years of age who is not the spouse of the offender.	655

(C) The prosecution of a person under this section does not	656
preclude prosecution of that person under section 2907.02 of the	657
Revised Code.	658

(D)(1)(a) Whoever violates this section is guilty of	659
felonious assault. Except as otherwise provided in this division	660
or division (D)(1)(b) of this section, felonious assault is a	661
felony of the second degree. If the victim of a violation of	662
division (A) of this section is a judge, magistrate, peace	663
officer, or an investigator of the bureau of criminal	664
identification and investigation, felonious assault is a felony	665
of the first degree.	666

(b) Regardless of whether the felonious assault is a felony	667
of the first or second degree under division (D)(1)(a) of this	668
section, if the offender also is convicted of or pleads guilty to	669
a specification as described in section 2941.1423 of the Revised	670
Code that was included in the indictment, count in the	671
indictment, or information charging the offense, except as	672
otherwise provided in this division or unless a longer prison term	673
is required under any other provision of law, the court shall	674
sentence the offender to a mandatory prison term as provided in	675
division (D)(8) of section 2929.14 of the Revised Code. If the	676
victim of the offense is a judge, magistrate, peace officer, or an	677
investigator of the bureau of criminal identification and	678
investigation, and if the victim suffered serious physical harm	679
as a result of the commission of the offense, felonious assault	680
is a felony of the first degree, and the court, pursuant to	681
division (F) of section 2929.13 of the Revised Code, shall impose	682
as a mandatory prison term one of the prison terms prescribed for	683
a felony of the first degree.	684

(2) In addition to any other sanctions imposed pursuant to	685
division (D)(1) of this section for felonious assault committed in	686
violation of division (A)(2) of this section, if the deadly weapon	687
used in the commission of the violation is a motor vehicle, the	688
court shall impose upon the offender a class two suspension of the	689
offender's driver's license, commercial driver's license,	690
temporary instruction permit, probationary license, or nonresident	691
operating privilege as specified in division (A)(2) of section	692
4510.02 of the Revised Code.	693

(E) As used in this section:

694

(1) "Deadly weapon" and "dangerous ordnance" have the same	695
meanings as in section 2923.11 of the Revised Code.	696

(2) "Motor vehicle" has the same meaning as in section	697
4501.01 of the Revised Code.	698

(3) "Peace officer" has the same meaning as in section	699
2935.01 of the Revised Code.	700

(4) "Sexual conduct" has the same meaning as in section	701
2907.01 of the Revised Code, except that, as used in this section,	702
it does not include the insertion of an instrument, apparatus, or	703
other object that is not a part of the body into the vaginal or	704
anal opening of another, unless the offender knew at the time of	705
the insertion that the instrument, apparatus, or other object	706
carried the offender's bodily fluid.	707

(5) "Investigator of the bureau of criminal identification	708
and investigation" means an investigator of the bureau of criminal	709
identification and investigation who is commissioned by the	710
superintendent of the bureau as a special agent for the purpose of	711
assisting law enforcement officers or providing emergency	712
assistance to peace officers pursuant to authority granted under	713
section 109.541 of the Revised Code.	714

(6) "Investigator" has the same meaning as in section 109.541	715
of the Revised Code.	716

(7) "Judge" and "magistrate" have the same meanings as in	717
section 2903.01 of the Revised Code.	718

Sec. 2903.12.  (A) No person, while under the influence of	719
sudden passion or in a sudden fit of rage, either of which is	720
brought on by serious provocation occasioned by the victim that is	721
reasonably sufficient to incite the person into using deadly	722
force, shall knowingly:	723

(1) Cause serious physical harm to another or to another's	724
unborn;	725

(2) Cause or attempt to cause physical harm to another or to	726
another's unborn by means of a deadly weapon or dangerous	727
ordnance, as defined in section 2923.11 of the Revised Code.	728

(B) Whoever violates this section is guilty of aggravated	729
assault. Except as otherwise provided in this division,	730
aggravated assault is a felony of the fourth degree. If the victim	731
of the offense is a judge, magistrate, peace officer, or an	732
investigator of the bureau of criminal identification and	733
investigation, aggravated assault is a felony of the third	734
degree. Regardless of whether the offense is a felony of the	735
third or fourth degree under this division, if the offender also	736
is convicted of or pleads guilty to a specification as described	737
in section 2941.1423 of the Revised Code that was included in the	738
indictment, count in the indictment, or information charging the	739
offense, except as otherwise provided in this division, the court	740
shall sentence the offender to a mandatory prison term as	741
provided in division (D)(8) of section 2929.14 of the Revised	742
Code. If the victim of the offense is a judge, magistrate, peace	743
officer, or an investigator of the bureau of criminal	744
identification and investigation, and if the victim suffered	745
serious physical harm as a result of the commission of the	746
offense, aggravated assault is a felony of the third degree, and	747
the court, pursuant to division (F) of section 2929.13 of the	748
Revised Code, shall impose as a mandatory prison term one of the	749
prison terms prescribed for a felony of the third degree.	750

(C) As used in this section:

751

(1) "Investigator of the bureau of criminal identification	752
and investigation" has the same meaning as in section 2903.11 of	753
the Revised Code.	754

(2) "Peace officer" has the same meaning as in section	755
2935.01 of the Revised Code.	756

(3) "Judge" and "magistrate" have the same meanings as in	757
section 2903.01 of the Revised Code.	758

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	759
to cause physical harm to another or to another's unborn.	760

(B) No person shall recklessly cause serious physical harm to	761
another or to another's unborn.	762

(C) Whoever violates this section is guilty of assault, and	763
the court shall sentence the offender as provided in this division	764
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	765
Except as otherwise provided in division (C)(1), (2), (3), (4), or	766
(5) of this section, assault is a misdemeanor of the first degree.	767

(1) Except as otherwise provided in this division, if the	768
offense is committed by a caretaker against a functionally	769
impaired person under the caretaker's care, assault is a felony of	770
the fourth degree. If the offense is committed by a caretaker	771
against a functionally impaired person under the caretaker's care,	772
if the offender previously has been convicted of or pleaded guilty	773
to a violation of this section or section 2903.11 or 2903.16 of	774
the Revised Code, and if in relation to the previous conviction	775
the offender was a caretaker and the victim was a functionally	776
impaired person under the offender's care, assault is a felony of	777
the third degree.	778

(2) If the offense is committed in any of the following	779
circumstances, assault is a felony of the fifth degree:	780

(a) The offense occurs in or on the grounds of a state	781
correctional institution or an institution of the department of	782
youth services, the victim of the offense is an employee of the	783
department of rehabilitation and correction, the department of	784
youth services, or a probation department or is on the premises of	785
the particular institution for business purposes or as a visitor,	786
and the offense is committed by a person incarcerated in the state	787
correctional institution, by a person institutionalized in the	788
department of youth services institution pursuant to a commitment	789
to the department of youth services, by a parolee, by an offender	790
under transitional control, under a community control sanction, or	791
on an escorted visit, by a person under post-release control, or	792
by an offender under any other type of supervision by a government	793
agency.	794

(b) The offense occurs in or on the grounds of a local	795
correctional facility, the victim of the offense is an employee of	796
the local correctional facility or a probation department or is on	797
the premises of the facility for business purposes or as a	798
visitor, and the offense is committed by a person who is under	799
custody in the facility subsequent to the person's arrest for any	800
crime or delinquent act, subsequent to the person's being charged	801
with or convicted of any crime, or subsequent to the person's	802
being alleged to be or adjudicated a delinquent child.	803

(c) The offense occurs off the grounds of a state	804
correctional institution and off the grounds of an institution of	805
the department of youth services, the victim of the offense is an	806
employee of the department of rehabilitation and correction, the	807
department of youth services, or a probation department, the	808
offense occurs during the employee's official work hours and while	809
the employee is engaged in official work responsibilities, and the	810
offense is committed by a person incarcerated in a state	811
correctional institution or institutionalized in the department of	812
youth services who temporarily is outside of the institution for	813
any purpose, by a parolee, by an offender under transitional	814
control, under a community control sanction, or on an escorted	815
visit, by a person under post-release control, or by an offender	816
under any other type of supervision by a government agency.	817

(d) The offense occurs off the grounds of a local	818
correctional facility, the victim of the offense is an employee of	819
the local correctional facility or a probation department, the	820
offense occurs during the employee's official work hours and while	821
the employee is engaged in official work responsibilities, and the	822
offense is committed by a person who is under custody in the	823
facility subsequent to the person's arrest for any crime or	824
delinquent act, subsequent to the person being charged with or	825
convicted of any crime, or subsequent to the person being alleged	826
to be or adjudicated a delinquent child and who temporarily is	827
outside of the facility for any purpose or by a parolee, by an	828
offender under transitional control, under a community control	829
sanction, or on an escorted visit, by a person under post-release	830
control, or by an offender under any other type of supervision by	831
a government agency.	832

(e) The victim of the offense is a school teacher or	833
administrator or a school bus operator, and the offense occurs in	834
a school, on school premises, in a school building, on a school	835
bus, or while the victim is outside of school premises or a school	836
bus and is engaged in duties or official responsibilities	837
associated with the victim's employment or position as a school	838
teacher or administrator or a school bus operator, including, but	839
not limited to, driving, accompanying, or chaperoning students at	840
or on class or field trips, athletic events, or other school	841
extracurricular activities or functions outside of school	842
premises.	843

(3) If the victim of the offense is a judge, magistrate,	844
peace officer, or an investigator of the bureau of criminal	845
identification and investigation, a firefighter, or a person	846
performing emergency medical service, while in the performance of	847
their official duties, assault is a felony of the fourth degree.	848

(4) If the victim of the offense is a judge, magistrate,	849
peace officer, or an investigator of the bureau of criminal	850
identification and investigation and if the victim suffered	851
serious physical harm as a result of the commission of the	852
offense, assault is a felony of the fourth degree, and the court,	853
pursuant to division (F) of section 2929.13 of the Revised Code,	854
shall impose as a mandatory prison term one of the prison terms	855
prescribed for a felony of the fourth degree that is at least	856
twelve months in duration.	857

(5) If the victim of the offense is an officer or employee of	858
a public children services agency or a private child placing	859
agency and the offense relates to the officer's or employee's	860
performance or anticipated performance of official	861
responsibilities or duties, assault is either a felony of the	862
fifth degree or, if the offender previously has been convicted of	863
or pleaded guilty to an offense of violence, the victim of that	864
prior offense was an officer or employee of a public children	865
services agency or private child placing agency, and that prior	866
offense related to the officer's or employee's performance or	867
anticipated performance of official responsibilities or duties, a	868
felony of the fourth degree.	869

(6) If an offender who is convicted of or pleads guilty to	870
assault when it is a misdemeanor also is convicted of or pleads	871
guilty to a specification as described in section 2941.1423 of the	872
Revised Code that was included in the indictment, count in the	873
indictment, or information charging the offense, the court shall	874
sentence the offender to a mandatory jail term as provided in	875
division (G) of section 2929.24 of the Revised Code.	876

If an offender who is convicted of or pleads guilty to	877
assault when it is a felony also is convicted of or pleads guilty	878
to a specification as described in section 2941.1423 of the	879
Revised Code that was included in the indictment, count in the	880
indictment, or information charging the offense, except as	881
otherwise provided in division (C)(4) of this section, the court	882
shall sentence the offender to a mandatory prison term as	883
provided in division (D)(8) of section 2929.14 of the Revised	884
Code.	885

(D) As used in this section:

886

(1) "Peace officer" has the same meaning as in section	887
2935.01 of the Revised Code.	888

(2) "Firefighter" has the same meaning as in section 3937.41	889
of the Revised Code.	890

(3) "Emergency medical service" has the same meaning as in	891
section 4765.01 of the Revised Code.	892

(4) "Local correctional facility" means a county,	893
multicounty, municipal, municipal-county, or multicounty-municipal	894
jail or workhouse, a minimum security jail established under	895
section 341.23 or 753.21 of the Revised Code, or another county,	896
multicounty, municipal, municipal-county, or multicounty-municipal	897
facility used for the custody of persons arrested for any crime or	898
delinquent act, persons charged with or convicted of any crime, or	899
persons alleged to be or adjudicated a delinquent child.	900

(5) "Employee of a local correctional facility" means a	901
person who is an employee of the political subdivision or of one	902
or more of the affiliated political subdivisions that operates the	903
local correctional facility and who operates or assists in the	904
operation of the facility.	905

(6) "School teacher or administrator" means either of the	906
following:	907

(a) A person who is employed in the public schools of the	908
state under a contract described in section 3319.08 of the Revised	909
Code in a position in which the person is required to have a	910
certificate issued pursuant to sections 3319.22 to 3319.311 of the	911
Revised Code.	912

(b) A person who is employed by a nonpublic school for which	913
the state board of education prescribes minimum standards under	914
section 3301.07 of the Revised Code and who is certificated in	915
accordance with section 3301.071 of the Revised Code.	916

(7) "Community control sanction" has the same meaning as in	917
section 2929.01 of the Revised Code.	918

(8) "Escorted visit" means an escorted visit granted under	919
section 2967.27 of the Revised Code.	920

(9) "Post-release control" and "transitional control" have	921
the same meanings as in section 2967.01 of the Revised Code.	922

(10) "Investigator of the bureau of criminal identification	923
and investigation" has the same meaning as in section 2903.11 of	924
the Revised Code.	925

(11) "Judge" and "magistrate" have the same meanings as in	926
section 2903.01 of the Revised Code.	927

Sec. 2903.21.  (A) No person shall knowingly cause another to	928
believe that the offender will cause serious physical harm to the	929
person or property of the other person, the other person's unborn,	930
or a member of the other person's immediate family.	931

(B) Whoever violates this section is guilty of aggravated	932
menacing. Except as otherwise provided in this division,	933
aggravated menacing is a misdemeanor of the first degree. If the	934
victim of the offense is a judge or magistrate or an officer or	935
employee of a public children services agency or a private child	936
placing agency and the offense relates to the judge's,	937
magistrate's, officer's, or employee's performance or anticipated	938
performance of official responsibilities or duties, aggravated	939
menacing is a felony of the fifth degree or, if the offender	940
previously has been convicted of or pleaded guilty to an offense	941
of violence, the victim of that prior offense was a judge or	942
magistrate or an officer or employee of a public children services	943
agency or private child placing agency, and that prior offense	944
related to the judge's, magistrate's, officer's, or employee's	945
performance or anticipated performance of official	946
responsibilities or duties, a felony of the fourth degree.	947

(C) As used in this section, "judge" and "magistrate" have	948
the same meanings as in section 2903.01 of the Revised Code.	949

Sec. 2903.23.  (A) As used in this section:

950

(1) "Immediate family" includes a person's spouse, brothers	951
and sisters of the whole or half blood, children, including	952
adopted children and stepchildren, parents, and grandparents.	953

(2) "Judge" and "magistrate" have the same meanings as in	954
section 2903.01 of the Revised Code.	955

(B) No person, with intent to influence or interfere with a	956
judge or magistrate in the performance of the judge's or	957
magistrate's official duties or to retaliate against a judge or	958
magistrate for any decision made or action taken in the	959
performance of the judge's or magistrate's official duties, shall	960
knowingly threaten a judge or magistrate with physical harm to the	961
person or property of the judge or magistrate, the judge's or	962
magistrate's unborn, or a member of the judge's or magistrate's	963
immediate family.	964

(C) Whoever violates division (B) of this section is guilty	965
of threatening a judge or magistrate, a felony of the fifth	966
degree.	967

Sec. 2929.04.  (A) Imposition of the death penalty for	968
aggravated murder is precluded unless one or more of the following	969
is specified in the indictment or count in the indictment pursuant	970
to section 2941.14 of the Revised Code and proved beyond a	971
reasonable doubt:	972

(1) The offense was the assassination of the president of the	973
United States or a person in line of succession to the presidency,	974
the governor or lieutenant governor of this state, the	975
president-elect or vice president-elect of the United States, the	976
governor-elect or lieutenant governor-elect of this state, or a	977
candidate for any of the offices described in this division. For	978
purposes of this division, a person is a candidate if the person	979
has been nominated for election according to law, if the person	980
has filed a petition or petitions according to law to have the	981
person's name placed on the ballot in a primary or general	982
election, or if the person campaigns as a write-in candidate in a	983
primary or general election.	984

(2) The offense was committed for hire.

985

(3) The offense was committed for the purpose of escaping	986
detection, apprehension, trial, or punishment for another offense	987
committed by the offender.	988

(4) The offense was committed while the offender was under	989
detention or while the offender was at large after having broken	990
detention. As used in division (A)(4) of this section, "detention"	991
has the same meaning as in section 2921.01 of the Revised Code,	992
except that detention does not include hospitalization,	993
institutionalization, or confinement in a mental health facility	994
or mental retardation and developmentally disabled facility unless	995
at the time of the commission of the offense either of the	996
following circumstances apply:	997

(a) The offender was in the facility as a result of being	998
charged with a violation of a section of the Revised Code.	999

(b) The offender was under detention as a result of being	1000
convicted of or pleading guilty to a violation of a section of the	1001
Revised Code.	1002

(5) Prior to the offense at bar, the offender was convicted	1003
of an offense an essential element of which was the purposeful	1004
killing of or attempt to kill another, or the offense at bar was	1005
part of a course of conduct involving the purposeful killing of or	1006
attempt to kill two or more persons by the offender.	1007

(6) The victim of the offense was a law enforcement officer,	1008
as defined in section 2911.01 of the Revised Code, or a judge or	1009
magistrate, as defined in section 2903.01 of the Revised Code,	1010
whom the offender had reasonable cause to know or knew to be a law	1011
enforcement officer or a judge or magistrate as so defined, and	1012
either the victim, at the time of the commission of the offense,	1013
was engaged in the victim's duties, or it was the offender's	1014
specific purpose to kill a law enforcement officer or a judge or	1015
magistrate as so defined.	1016

(7) The offense was committed while the offender was	1017
committing, attempting to commit, or fleeing immediately after	1018
committing or attempting to commit kidnapping, rape, aggravated	1019
arson, aggravated robbery, or aggravated burglary, and either the	1020
offender was the principal offender in the commission of the	1021
aggravated murder or, if not the principal offender, committed the	1022
aggravated murder with prior calculation and design.	1023

(8) The victim of the aggravated murder was a witness to an	1024
offense who was purposely killed to prevent the victim's testimony	1025
in any criminal proceeding and the aggravated murder was not	1026
committed during the commission, attempted commission, or flight	1027
immediately after the commission or attempted commission of the	1028
offense to which the victim was a witness, or the victim of the	1029
aggravated murder was a witness to an offense and was purposely	1030
killed in retaliation for the victim's testimony in any criminal	1031
proceeding.	1032

(9) The offender, in the commission of the offense,	1033
purposefully caused the death of another who was under thirteen	1034
years of age at the time of the commission of the offense, and	1035
either the offender was the principal offender in the commission	1036
of the offense or, if not the principal offender, committed the	1037
offense with prior calculation and design.	1038

(10) The offense was committed while the offender was	1039
committing, attempting to commit, or fleeing immediately after	1040
committing or attempting to commit terrorism.	1041

(B) If one or more of the aggravating circumstances listed in	1042
division (A) of this section is specified in the indictment or	1043
count in the indictment and proved beyond a reasonable doubt, and	1044
if the offender did not raise the matter of age pursuant to	1045
section 2929.023 of the Revised Code or if the offender, after	1046
raising the matter of age, was found at trial to have been	1047
eighteen years of age or older at the time of the commission of	1048
the offense, the court, trial jury, or panel of three judges shall	1049
consider, and weigh against the aggravating circumstances proved	1050
beyond a reasonable doubt, the nature and circumstances of the	1051
offense, the history, character, and background of the offender,	1052
and all of the following factors:	1053

(1) Whether the victim of the offense induced or facilitated	1054
it;	1055

(2) Whether it is unlikely that the offense would have been	1056
committed, but for the fact that the offender was under duress,	1057
coercion, or strong provocation;	1058

(3) Whether, at the time of committing the offense, the	1059
offender, because of a mental disease or defect, lacked	1060
substantial capacity to appreciate the criminality of the	1061
offender's conduct or to conform the offender's conduct to the	1062
requirements of the law;	1063

(4) The youth of the offender;

1064

(5) The offender's lack of a significant history of prior	1065
criminal convictions and delinquency adjudications;	1066

(6) If the offender was a participant in the offense but not	1067
the principal offender, the degree of the offender's participation	1068
in the offense and the degree of the offender's participation in	1069
the acts that led to the death of the victim;	1070

(7) Any other factors that are relevant to the issue of	1071
whether the offender should be sentenced to death.	1072

(C) The defendant shall be given great latitude in the	1073
presentation of evidence of the factors listed in division (B) of	1074
this section and of any other factors in mitigation of the	1075
imposition of the sentence of death.	1076

The existence of any of the mitigating factors listed in	1077
division (B) of this section does not preclude the imposition of a	1078
sentence of death on the offender but shall be weighed pursuant to	1079
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	1080
the trial court, trial jury, or the panel of three judges against	1081
the aggravating circumstances the offender was found guilty of	1082
committing.	1083

Section 2.  That existing sections 149.43, 2903.01, 2903.11,	1084
2903.12, 2903.13, 2903.21, and 2929.04 of the Revised Code are	1085
hereby repealed.	1086

Section 3.  Section 149.43 of the Revised Code is presented	1087
in this act as a composite of the section as amended by both Sub.	1088
H.B. 9 and Sub. H.B. 141 of the 126th General Assembly. The	1089
General Assembly, applying the principle stated in division (B) of	1090
section 1.52 of the Revised Code that amendments are to be	1091
harmonized if reasonably capable of simultaneous operation, finds	1092
that the composite is the resulting version of the section in	1093
effect prior to the effective date of the section as presented in	1094
this act.	1095