Bill Text: OH HB301 | 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 thirteen to report to a law enforcement agency within twenty-four hours after the child is missing or the parent, legal guardian, or custodian discovers that the child is deceased.

Spectrum: Slight Partisan Bill (Republican 8-4)

Status: (Introduced - Dead) 2011-07-20 - To Criminal Justice [HB301 Detail]

Download: Ohio-2011-HB301-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 301

Representatives Hottinger, Beck 

Cosponsors: Representatives Hackett, Fende, Derickson, Williams, Wachtmann, Combs, Patmon, Blair, Szollosi, Kozlowski 

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A BILL

To amend section 2921.22 of the Revised Code to

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require a parent, legal guardian, or custodian of

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a child under the age of thirteen to report to a

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law enforcement agency within twenty-four hours

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after the child is missing or the parent, legal

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guardian, or custodian discovers that the child is

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deceased.

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

Section 1. That section 2921.22 of the Revised Code be	8
amended to read as follows:	9

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	10
of this section, no person, knowing that a felony has been or is	11
being committed, shall knowingly fail to report such information	12
to law enforcement authorities.	13

(2) No person, knowing that a violation of division (B) of	14
section 2913.04 of the Revised Code has been, or is being	15
committed or that the person has received information derived from	16
such a violation, shall knowingly fail to report the violation to	17
law enforcement authorities.	18

(B) Except for conditions that are within the scope of	19
division (E) of this section, no physician, limited practitioner,	20
nurse, or other person giving aid to a sick or injured person	21
shall negligently fail to report to law enforcement authorities	22
any gunshot or stab wound treated or observed by the physician,	23
limited practitioner, nurse, or person, or any serious physical	24
harm to persons that the physician, limited practitioner, nurse,	25
or person knows or has reasonable cause to believe resulted from	26
an offense of violence.	27

(C) No(1) Except as provided in division (C)(2) of this	28
section, no person who discovers the body or acquires the first	29
knowledge of the death of a person shall fail to report the death	30
immediately to a physician whom the person knows to be treating	31
the deceased for a condition from which death at such time would	32
not be unexpected, or to a law enforcement officer, an ambulance	33
service, an emergency squad, or the coroner in a political	34
subdivision in which the body is discovered, the death is believed	35
to have occurred, or knowledge concerning the death is obtained.	36

(2) No parent, legal guardian, or custodian of a child under	37
the age of thirteen who acquires knowledge of the child's death	38
shall knowingly fail to report the child's death to law	39
enforcement authorities within twenty-four hours after acquiring	40
knowledge of the child's death.	41

(D) No person shall fail to provide upon request of the	42
person to whom a report required by division (C) of this section	43
was made, or to any law enforcement officer who has reasonable	44
cause to assert the authority to investigate the circumstances	45
surrounding the death, any facts within the person's knowledge	46
that may have a bearing on the investigation of the death.	47

(E)(1) As used in this division, "burn injury" means any of	48
the following:	49

(a) Second or third degree burns;

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(b) Any burns to the upper respiratory tract or laryngeal	51
edema due to the inhalation of superheated air;	52

(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	54
of the use of fireworks, novelties and trick noisemakers, and wire	55
sparklers, as each is defined by section 3743.01 of the Revised	56
Code.	57

(2) No physician, nurse, or limited practitioner who, outside	58
a hospital, sanitarium, or other medical facility, attends or	59
treats a person who has sustained a burn injury that is inflicted	60
by an explosion or other incendiary device or that shows evidence	61
of having been inflicted in a violent, malicious, or criminal	62
manner shall fail to report the burn injury immediately to the	63
local arson, or fire and explosion investigation, bureau, if there	64
is a bureau of this type in the jurisdiction in which the person	65
is attended or treated, or otherwise to local law enforcement	66
authorities.	67

(3) No manager, superintendent, or other person in charge of	68
a hospital, sanitarium, or other medical facility in which a	69
person is attended or treated for any burn injury that is	70
inflicted by an explosion or other incendiary device or that shows	71
evidence of having been inflicted in a violent, malicious, or	72
criminal manner shall fail to report the burn injury immediately	73
to the local arson, or fire and explosion investigation, bureau,	74
if there is a bureau of this type in the jurisdiction in which the	75
person is attended or treated, or otherwise to local law	76
enforcement authorities.	77

(4) No person who is required to report any burn injury under	78
division (E)(2) or (3) of this section shall fail to file, within	79
three working days after attending or treating the victim, a	80
written report of the burn injury with the office of the state	81
fire marshal. The report shall comply with the uniform standard	82
developed by the state fire marshal pursuant to division (A)(15)	83
of section 3737.22 of the Revised Code.	84

(5) Anyone participating in the making of reports under	85
division (E) of this section or anyone participating in a judicial	86
proceeding resulting from the reports is immune from any civil or	87
criminal liability that otherwise might be incurred or imposed as	88
a result of such actions. Notwithstanding section 4731.22 of the	89
Revised Code, the physician-patient relationship is not a ground	90
for excluding evidence regarding a person's burn injury or the	91
cause of the burn injury in any judicial proceeding resulting from	92
a report submitted under division (E) of this section.	93

(F)(1) Any doctor of medicine or osteopathic medicine,	94
hospital intern or resident, registered or licensed practical	95
nurse, psychologist, social worker, independent social worker,	96
social work assistant, professional clinical counselor, or	97
professional counselor who knows or has reasonable cause to	98
believe that a patient or client has been the victim of domestic	99
violence, as defined in section 3113.31 of the Revised Code, shall	100
note that knowledge or belief and the basis for it in the	101
patient's or client's records.	102

(2) Notwithstanding section 4731.22 of the Revised Code, the	103
doctor-patient privilege shall not be a ground for excluding any	104
information regarding the report containing the knowledge or	105
belief noted under division (F)(1) of this section, and the	106
information may be admitted as evidence in accordance with the	107
Rules of Evidence.	108

(G) No parent, legal guardian, or custodian of a child under	109
the age of thirteen who acquires knowledge that the child is	110
missing shall knowingly fail to report that the child is missing	111
to law enforcement authorities within twenty-four hours after	112
acquiring knowledge that the child is missing.	113

(H) Divisions (A) and (D) of this section do not require	114
disclosure of information, when any of the following applies:	115

(1) The information is privileged by reason of the	116
relationship between attorney and client; doctor and patient;	117
licensed psychologist or licensed school psychologist and client;	118
member of the clergy, rabbi, minister, or priest and any person	119
communicating information confidentially to the member of the	120
clergy, rabbi, minister, or priest for a religious counseling	121
purpose of a professional character; husband and wife; or a	122
communications assistant and those who are a party to a	123
telecommunications relay service call.	124

(2) The information would tend to incriminate a member of the	125
actor's immediate family.	126

(3) Disclosure of the information would amount to revealing a	127
news source, privileged under section 2739.04 or 2739.12 of the	128
Revised Code.	129

(4) Disclosure of the information would amount to disclosure	130
by a member of the ordained clergy of an organized religious body	131
of a confidential communication made to that member of the clergy	132
in that member's capacity as a member of the clergy by a person	133
seeking the aid or counsel of that member of the clergy.	134

(5) Disclosure would amount to revealing information acquired	135
by the actor in the course of the actor's duties in connection	136
with a bona fide program of treatment or services for drug	137
dependent persons or persons in danger of drug dependence, which	138
program is maintained or conducted by a hospital, clinic, person,	139
agency, or organization certified pursuant to section 3793.06 of	140
the Revised Code.	141

(6) Disclosure would amount to revealing information acquired	142
by the actor in the course of the actor's duties in connection	143
with a bona fide program for providing counseling services to	144
victims of crimes that are violations of section 2907.02 or	145
2907.05 of the Revised Code or to victims of felonious sexual	146
penetration in violation of former section 2907.12 of the Revised	147
Code. As used in this division, "counseling services" include	148
services provided in an informal setting by a person who, by	149
education or experience, is competent to provide those services.	150

(H)(I) No disclosure of information pursuant to this section	151
gives rise to any liability or recrimination for a breach of	152
privilege or confidence.	153

(I)(J) Whoever violates division (A) or (B) of this section	154
is guilty of failure to report a crime. Violation of division	155
(A)(1) of this section is a misdemeanor of the fourth degree.	156
Violation of division (A)(2) or (B) of this section is a	157
misdemeanor of the second degree.	158

(J)(K)(1) Whoever violates division (C)(1) or (D) of this	159
section is guilty of failure to report knowledge of a death, a	160
misdemeanor of the fourth degree.	161

(K)(2) Whoever violates division (C)(2) of this section is	162
guilty of failure to report knowledge of a child's death, a felony	163
of the fourth degree.	164

(L)(1) Whoever negligently violates division (E) of this	165
section is guilty of a minor misdemeanor.	166

(2) Whoever knowingly violates division (E) of this section	167
is guilty of a misdemeanor of the second degree.	168

(M) Whoever violates division (G) of this section is guilty	169
of failure to report knowledge of a missing child, a felony of the	170
fourth degree.	171

Section 2. That existing section 2921.22 of the Revised Code	172
is hereby repealed.	173