Bill Text: OH HB299 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require a parent, legal guardian, or custodian of a child under the age of sixteen to report to a law enforcement agency within twenty-four hours after the child is missing or within one hour after the parent, legal guardian, or custodian discovers that the child is deceased, to increase penalty for falsification to mislead a public official, and to specify that the above provisions are to be known as "Caylee's Law."

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-07-13 - To Criminal Justice [HB299 Detail]

Download: Ohio-2011-HB299-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 299

Representatives Stinziano, Anielski 

Cosponsors: Representatives Murray, Yuko, O'Brien, Johnson, DeGeeter, McGregor, Baker, Fende, Slesnick, Goyal, Hackett, Grossman, Blair 

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A BILL

To amend sections 2921.13 and 2921.22 of the Revised

1

Code to require a parent, legal guardian, or

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custodian of a child under the age of sixteen to

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report to a law enforcement agency within

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twenty-four hours after the child is missing or

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within one hour after the parent, legal guardian,

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or custodian discovers that the child is deceased,

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to increase penalty for falsification to mislead a

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public official, and to specify that the above

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provisions are to be known as "Caylee's Law."

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

Section 1. That sections 2921.13 and 2921.22 of the Revised	11
Code be amended to read as follows:	12

Sec. 2921.13.  (A) No person shall knowingly make a false	13
statement, or knowingly swear or affirm the truth of a false	14
statement previously made, when any of the following applies:	15

(1) The statement is made in any official proceeding.

16

(2) The statement is made with purpose to incriminate	17
another.	18

(3) The statement is made with purpose to mislead a public	19
official in performing the public official's official function.	20

(4) The statement is made with purpose to secure the payment	21
of unemployment compensation; Ohio works first; prevention,	22
retention, and contingency benefits and services; disability	23
financial assistance; retirement benefits; economic development	24
assistance, as defined in section 9.66 of the Revised Code; or	25
other benefits administered by a governmental agency or paid out	26
of a public treasury.	27

(5) The statement is made with purpose to secure the issuance	28
by a governmental agency of a license, permit, authorization,	29
certificate, registration, release, or provider agreement.	30

(6) The statement is sworn or affirmed before a notary public	31
or another person empowered to administer oaths.	32

(7) The statement is in writing on or in connection with a	33
report or return that is required or authorized by law.	34

(8) The statement is in writing and is made with purpose to	35
induce another to extend credit to or employ the offender, to	36
confer any degree, diploma, certificate of attainment, award of	37
excellence, or honor on the offender, or to extend to or bestow	38
upon the offender any other valuable benefit or distinction, when	39
the person to whom the statement is directed relies upon it to	40
that person's detriment.	41

(9) The statement is made with purpose to commit or	42
facilitate the commission of a theft offense.	43

(10) The statement is knowingly made to a probate court in	44
connection with any action, proceeding, or other matter within its	45
jurisdiction, either orally or in a written document, including,	46
but not limited to, an application, petition, complaint, or other	47
pleading, or an inventory, account, or report.	48

(11) The statement is made on an account, form, record,	49
stamp, label, or other writing that is required by law.	50

(12) The statement is made in connection with the purchase of	51
a firearm, as defined in section 2923.11 of the Revised Code, and	52
in conjunction with the furnishing to the seller of the firearm of	53
a fictitious or altered driver's or commercial driver's license or	54
permit, a fictitious or altered identification card, or any other	55
document that contains false information about the purchaser's	56
identity.	57

(13) The statement is made in a document or instrument of	58
writing that purports to be a judgment, lien, or claim of	59
indebtedness and is filed or recorded with the secretary of state,	60
a county recorder, or the clerk of a court of record.	61

(14) The statement is made in an application filed with a	62
county sheriff pursuant to section 2923.125 of the Revised Code in	63
order to obtain or renew a license to carry a concealed handgun or	64
is made in an affidavit submitted to a county sheriff to obtain a	65
temporary emergency license to carry a concealed handgun under	66
section 2923.1213 of the Revised Code.	67

(15) The statement is required under section 5743.71 of the	68
Revised Code in connection with the person's purchase of	69
cigarettes or tobacco products in a delivery sale.	70

(B) No person, in connection with the purchase of a firearm,	71
as defined in section 2923.11 of the Revised Code, shall knowingly	72
furnish to the seller of the firearm a fictitious or altered	73
driver's or commercial driver's license or permit, a fictitious or	74
altered identification card, or any other document that contains	75
false information about the purchaser's identity.	76

(C) No person, in an attempt to obtain a license to carry a	77
concealed handgun under section 2923.125 of the Revised Code,	78
shall knowingly present to a sheriff a fictitious or altered	79
document that purports to be certification of the person's	80
competence in handling a handgun as described in division (B)(3)	81
of section 2923.125 of the Revised Code.	82

(D) It is no defense to a charge under division (A)(6) of	83
this section that the oath or affirmation was administered or	84
taken in an irregular manner.	85

(E) If contradictory statements relating to the same fact are	86
made by the offender within the period of the statute of	87
limitations for falsification, it is not necessary for the	88
prosecution to prove which statement was false but only that one	89
or the other was false.	90

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	91
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	92
of falsification, a misdemeanor of the first degree.	93

(2) Whoever violates division (A)(3) of this section is	94
guilty of falsification to mislead a public official, a felony of	95
the fifth degree.	96

(3) Whoever violates division (A)(9) of this section is	97
guilty of falsification in a theft offense. Except as otherwise	98
provided in this division, falsification in a theft offense is a	99
misdemeanor of the first degree. If the value of the property or	100
services stolen is five hundred dollars or more and is less than	101
five thousand dollars, falsification in a theft offense is a	102
felony of the fifth degree. If the value of the property or	103
services stolen is five thousand dollars or more and is less than	104
one hundred thousand dollars, falsification in a theft offense is	105
a felony of the fourth degree. If the value of the property or	106
services stolen is one hundred thousand dollars or more,	107
falsification in a theft offense is a felony of the third degree.	108

(3)(4) Whoever violates division (A)(12) or (B) of this	109
section is guilty of falsification to purchase a firearm, a felony	110
of the fifth degree.	111

(4)(5) Whoever violates division (A)(14) or (C) of this	112
section is guilty of falsification to obtain a concealed handgun	113
license, a felony of the fourth degree.	114

(G) A person who violates this section is liable in a civil	115
action to any person harmed by the violation for injury, death, or	116
loss to person or property incurred as a result of the commission	117
of the offense and for reasonable attorney's fees, court costs,	118
and other expenses incurred as a result of prosecuting the civil	119
action commenced under this division. A civil action under this	120
division is not the exclusive remedy of a person who incurs	121
injury, death, or loss to person or property as a result of a	122
violation of this section.	123

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	124
of this section, no person, knowing that a felony has been or is	125
being committed, shall knowingly fail to report such information	126
to law enforcement authorities.	127

(2) No person, knowing that a violation of division (B) of	128
section 2913.04 of the Revised Code has been, or is being	129
committed or that the person has received information derived from	130
such a violation, shall knowingly fail to report the violation to	131
law enforcement authorities.	132

(B) Except for conditions that are within the scope of	133
division (E) of this section, no physician, limited practitioner,	134
nurse, or other person giving aid to a sick or injured person	135
shall negligently fail to report to law enforcement authorities	136
any gunshot or stab wound treated or observed by the physician,	137
limited practitioner, nurse, or person, or any serious physical	138
harm to persons that the physician, limited practitioner, nurse,	139
or person knows or has reasonable cause to believe resulted from	140
an offense of violence.	141

(C) No(1) Except as provided in division (C)(2) of this	142
section, no person who discovers the body or acquires the first	143
knowledge of the death of a person shall fail to report the death	144
immediately to a physician whom the person knows to be treating	145
the deceased for a condition from which death at such time would	146
not be unexpected, or to a law enforcement officer, an ambulance	147
service, an emergency squad, or the coroner in a political	148
subdivision in which the body is discovered, the death is believed	149
to have occurred, or knowledge concerning the death is obtained.	150

(2) No parent, legal guardian, or custodian of a child under	151
the age of sixteen who acquires knowledge of the child's death	152
shall knowingly fail to report the child's death to law	153
enforcement authorities within one hour after acquiring knowledge	154
of the child's death.	155

(D) No person shall fail to provide upon request of the	156
person to whom a report required by division (C) of this section	157
was made, or to any law enforcement officer who has reasonable	158
cause to assert the authority to investigate the circumstances	159
surrounding the death, any facts within the person's knowledge	160
that may have a bearing on the investigation of the death.	161

(E)(1) As used in this division, "burn injury" means any of	162
the following:	163

(a) Second or third degree burns;

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(b) Any burns to the upper respiratory tract or laryngeal	165
edema due to the inhalation of superheated air;	166

(c) Any burn injury or wound that may result in death;

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(d) Any physical harm to persons caused by or as the result	168
of the use of fireworks, novelties and trick noisemakers, and wire	169
sparklers, as each is defined by section 3743.01 of the Revised	170
Code.	171

(2) No physician, nurse, or limited practitioner who, outside	172
a hospital, sanitarium, or other medical facility, attends or	173
treats a person who has sustained a burn injury that is inflicted	174
by an explosion or other incendiary device or that shows evidence	175
of having been inflicted in a violent, malicious, or criminal	176
manner shall fail to report the burn injury immediately to the	177
local arson, or fire and explosion investigation, bureau, if there	178
is a bureau of this type in the jurisdiction in which the person	179
is attended or treated, or otherwise to local law enforcement	180
authorities.	181

(3) No manager, superintendent, or other person in charge of	182
a hospital, sanitarium, or other medical facility in which a	183
person is attended or treated for any burn injury that is	184
inflicted by an explosion or other incendiary device or that shows	185
evidence of having been inflicted in a violent, malicious, or	186
criminal manner shall fail to report the burn injury immediately	187
to the local arson, or fire and explosion investigation, bureau,	188
if there is a bureau of this type in the jurisdiction in which the	189
person is attended or treated, or otherwise to local law	190
enforcement authorities.	191

(4) No person who is required to report any burn injury under	192
division (E)(2) or (3) of this section shall fail to file, within	193
three working days after attending or treating the victim, a	194
written report of the burn injury with the office of the state	195
fire marshal. The report shall comply with the uniform standard	196
developed by the state fire marshal pursuant to division (A)(15)	197
of section 3737.22 of the Revised Code.	198

(5) Anyone participating in the making of reports under	199
division (E) of this section or anyone participating in a judicial	200
proceeding resulting from the reports is immune from any civil or	201
criminal liability that otherwise might be incurred or imposed as	202
a result of such actions. Notwithstanding section 4731.22 of the	203
Revised Code, the physician-patient relationship is not a ground	204
for excluding evidence regarding a person's burn injury or the	205
cause of the burn injury in any judicial proceeding resulting from	206
a report submitted under division (E) of this section.	207

(F)(1) Any doctor of medicine or osteopathic medicine,	208
hospital intern or resident, registered or licensed practical	209
nurse, psychologist, social worker, independent social worker,	210
social work assistant, professional clinical counselor, or	211
professional counselor who knows or has reasonable cause to	212
believe that a patient or client has been the victim of domestic	213
violence, as defined in section 3113.31 of the Revised Code, shall	214
note that knowledge or belief and the basis for it in the	215
patient's or client's records.	216

(2) Notwithstanding section 4731.22 of the Revised Code, the	217
doctor-patient privilege shall not be a ground for excluding any	218
information regarding the report containing the knowledge or	219
belief noted under division (F)(1) of this section, and the	220
information may be admitted as evidence in accordance with the	221
Rules of Evidence.	222

(G) No parent, legal guardian, or custodian of a child under	223
the age of sixteen who acquires knowledge that the child is	224
missing shall knowingly fail to report that the child is missing	225
to law enforcement authorities within twenty-four hours after	226
acquiring knowledge that the child is missing.	227

(H) Divisions (A) and (D) of this section do not require	228
disclosure of information, when any of the following applies:	229

(1) The information is privileged by reason of the	230
relationship between attorney and client; doctor and patient;	231
licensed psychologist or licensed school psychologist and client;	232
member of the clergy, rabbi, minister, or priest and any person	233
communicating information confidentially to the member of the	234
clergy, rabbi, minister, or priest for a religious counseling	235
purpose of a professional character; husband and wife; or a	236
communications assistant and those who are a party to a	237
telecommunications relay service call.	238

(2) The information would tend to incriminate a member of the	239
actor's immediate family.	240

(3) Disclosure of the information would amount to revealing a	241
news source, privileged under section 2739.04 or 2739.12 of the	242
Revised Code.	243

(4) Disclosure of the information would amount to disclosure	244
by a member of the ordained clergy of an organized religious body	245
of a confidential communication made to that member of the clergy	246
in that member's capacity as a member of the clergy by a person	247
seeking the aid or counsel of that member of the clergy.	248

(5) Disclosure would amount to revealing information acquired	249
by the actor in the course of the actor's duties in connection	250
with a bona fide program of treatment or services for drug	251
dependent persons or persons in danger of drug dependence, which	252
program is maintained or conducted by a hospital, clinic, person,	253
agency, or organization certified pursuant to section 3793.06 of	254
the Revised Code.	255

(6) Disclosure would amount to revealing information acquired	256
by the actor in the course of the actor's duties in connection	257
with a bona fide program for providing counseling services to	258
victims of crimes that are violations of section 2907.02 or	259
2907.05 of the Revised Code or to victims of felonious sexual	260
penetration in violation of former section 2907.12 of the Revised	261
Code. As used in this division, "counseling services" include	262
services provided in an informal setting by a person who, by	263
education or experience, is competent to provide those services.	264

(H)(I) No disclosure of information pursuant to this section	265
gives rise to any liability or recrimination for a breach of	266
privilege or confidence.	267

(I)(J) Whoever violates division (A) or (B) of this section	268
is guilty of failure to report a crime. Violation of division	269
(A)(1) of this section is a misdemeanor of the fourth degree.	270
Violation of division (A)(2) or (B) of this section is a	271
misdemeanor of the second degree.	272

(J)(K)(1) Whoever violates division (C)(1) or (D) of this	273
section is guilty of failure to report knowledge of a death, a	274
misdemeanor of the fourth degree.	275

(K)(2) Whoever violates division (C)(2) of this section is	276
guilty of failure to report knowledge of a child's death, a felony	277
of the third degree.	278

(L)(1) Whoever negligently violates division (E) of this	279
section is guilty of a minor misdemeanor.	280

(2) Whoever knowingly violates division (E) of this section	281
is guilty of a misdemeanor of the second degree.	282

(M) Whoever violates division (G) of this section is guilty	283
of failure to report knowledge of a missing child. If the child	284
who is the subject of the offense suffered physical harm or was	285
killed during the period of time the child was missing, failure to	286
report knowledge of a missing child is a felony of the second	287
degree. If the child who is the subject of the offense does not	288
suffer any physical harm during the period of time the child was	289
missing, failure to report knowledge of a missing child is a	290
felony of the third degree.	291

(N) Divisions (C)(2), (G), (K)(2), and (M) of this section	292
and division (F)(2) of section 2921.13 of the Revised Code enacted	293
in the act in which these divisions were enacted shall be known as	294
"Caylee's Law."	295

Section 2. That existing sections 2921.13 and 2921.22 of the	296
Revised Code are hereby repealed.	297