Bill Text: OH HB623 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: That is scheduled to take effect on March 20, 2015, to continue the provisions of this act on and after that effective date.
Spectrum: Moderate Partisan Bill (Democrat 19-3)
Status: (Introduced - Dead) 2014-09-22 - To Policy and Legislative Oversight [HB623 Detail]
Download: Ohio-2013-HB623-Introduced.html
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Representative Clyde
Cosponsors:
Representatives Antonio, Ashford, Boyd, Butler, Cera, Dovilla, Driehaus, Fedor, Foley, Gerberry, Letson, Lundy, Phillips, Pillich, Hagan, R., Ramos, Reece, Slesnick, Sprague, Stinziano, Strahorn
To amend sections 149.43, 149.45, 319.28, 319.54, | 1 |
2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 | 2 |
and to enact sections 111.31, 111.32, 111.321, | 3 |
111.33 to 111.40, 2901.44, and 3503.151 of the | 4 |
Revised Code to establish an address | 5 |
confidentiality program for individuals who | 6 |
reasonably believe that they are in danger of | 7 |
being threatened or physically harmed by another | 8 |
person, to exclude the residential and familial | 9 |
information of a federal law enforcement officer | 10 |
from the definition of a public record, to include | 11 |
federal law enforcement officers among the | 12 |
protected individuals who are authorized to | 13 |
request a public office other than the county | 14 |
auditor to redact the person's address from any | 15 |
record made available to the general public on the | 16 |
internet, and to include those officers among the | 17 |
protected individuals who may request the county | 18 |
auditor to replace the person's name with the | 19 |
person's initials on the general tax list and | 20 |
duplicate, and to amend the version of section | 21 |
149.43 of the Revised Code that is scheduled to | 22 |
take effect on March 20, 2015, to continue the | 23 |
provisions of this act on and after that effective | 24 |
date. | 25 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 149.45, 319.28, 319.54, | 26 |
2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 be amended and | 27 |
sections 111.31, 111.32, 111.321, 111.33, 111.34, 111.35, 111.36, | 28 |
111.37, 111.38, 111.39, 111.40, 2901.44, and 3503.151 of the | 29 |
Revised Code be enacted to read as follows: | 30 |
Sec. 111.31. As used in sections 111.31 to 111.40 of the | 31 |
Revised Code: | 32 |
(A) "Address" means a residential street address, school | 33 |
address, or work address of a person as specified on an | 34 |
application to be a program participant under section 111.32 of | 35 |
the Revised Code. | 36 |
(B) "Application assistant" means a person who is designated | 37 |
by the secretary of state to help individuals complete | 38 |
applications to be program participants and who has received | 39 |
training and certification from the secretary of state for that | 40 |
purpose. | 41 |
(C) "Confidential address" means an address that is required | 42 |
to be kept confidential once a program participant is certified | 43 |
under division (C) of section 111.32 of the Revised Code. | 44 |
(D) "Governmental entity" means the state, a political | 45 |
subdivision of the state, or any department, agency, board, | 46 |
commission, or other instrumentality of the state or a political | 47 |
subdivision of the state. | 48 |
(E) "Guardian," "incompetent," "parent," and "ward" have the | 49 |
same meanings as in section 2111.01 of the Revised Code. | 50 |
(F) "Program participant" means a person certified as a | 51 |
program participant under sections 111.31 to 111.40 of the Revised | 52 |
Code. | 53 |
(G) "Shelter for victims of domestic violence" has the same | 54 |
meaning as in section 3113.33 of the Revised Code. | 55 |
(H) "Tier I sex offender/child-victim offender," "tier II sex | 56 |
offender/child-victim offender," and "tier III sex | 57 |
offender/child-victim offender" have the same meanings as in | 58 |
section 2950.01 of the Revised Code. | 59 |
Sec. 111.32. (A) Subject to division (E) of this section, an | 60 |
adult person, a parent, or a guardian acting on behalf of a minor, | 61 |
incompetent, or ward may apply with the assistance of an | 62 |
application assistant to the secretary of state to have an address | 63 |
designated by the secretary of state serve as the person's address | 64 |
or the address of the minor, incompetent, or ward. The secretary | 65 |
of state shall approve an application if it is filed in the manner | 66 |
and on the form prescribed under sections 111.31 to 111.40 of the | 67 |
Revised Code and if it contains all of the following: | 68 |
(1) A sworn statement by the applicant that the applicant | 69 |
fears for the safety of the applicant, the applicant's children, | 70 |
or the minor, incompetent, or ward on whose behalf the application | 71 |
is made and that one or more of the following apply: | 72 |
(a) The applicant provides proof that the applicant, any of | 73 |
the applicant's children, or the minor, incompetent, or ward on | 74 |
whose behalf the application is made is a victim of a violation of | 75 |
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, | 76 |
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, | 77 |
2907.09, 2911.211, 2919.22, or 2919.25 of the Revised Code. | 78 |
(b) The applicant provides proof that the applicant, any of | 79 |
the applicant's children, or the minor, incompetent, or ward on | 80 |
whose behalf the application is made has a protection order issued | 81 |
or consent agreement approved under section 2903.213, 2903.214, or | 82 |
3113.31 of the Revised Code or a protection order issued by a | 83 |
court of another state that has been registered under section | 84 |
2919.272 of the Revised Code. | 85 |
(c) The applicant reasonably fears that the applicant, any of | 86 |
the applicant's children, or the minor, incompetent, or ward on | 87 |
whose behalf the application is made is in danger of being | 88 |
threatened or physically harmed by another person. | 89 |
(2) A designation of the secretary of state as the agent for | 90 |
the purposes of receiving service of process and the receipt of | 91 |
mail; | 92 |
(3) The mailing address at which the applicant may be | 93 |
contacted by the secretary of state, and the telephone number or | 94 |
numbers at which the applicant may be called by the secretary of | 95 |
state; | 96 |
(4) The new address or addresses that the applicant requests | 97 |
not be disclosed for the reason that disclosure will increase the | 98 |
risk that the applicant, the applicant's children, or the minor, | 99 |
incompetent, or ward on whose behalf the application is made will | 100 |
be threatened or physically harmed by another person; | 101 |
(5) The signature of the applicant, the name, work address, | 102 |
and signature of the application assistant who assisted the | 103 |
applicant in applying to become a program participant, and the | 104 |
date on which the applicant and application assistant signed the | 105 |
application; | 106 |
(6) The name, occupation if known, and contact information if | 107 |
known of the person the applicant reasonably believes will | 108 |
threaten or physically harm the applicant, the applicant's | 109 |
children, or the minor, incompetent, or ward on whose behalf the | 110 |
application is made. | 111 |
(B) Any person who files an application under division (A) of | 112 |
this section shall file the application with the office of the | 113 |
secretary of state. | 114 |
(C) Upon the filing of a properly completed application, the | 115 |
secretary of state shall certify the applicant or the minor, | 116 |
incompetent, or ward on whose behalf the application is filed as a | 117 |
program participant. The certification of a program participant | 118 |
shall be valid for four years after the date of the filing of the | 119 |
application for the program participant unless the certification | 120 |
is withdrawn or invalidated before the end of that four-year | 121 |
period. A program participant may renew the program participant's | 122 |
certification pursuant to the renewal procedure adopted by the | 123 |
secretary of state under section 111.40 of the Revised Code. | 124 |
(D) No person shall falsely attest in an application that | 125 |
disclosure of the applicant's address would endanger the | 126 |
applicant's safety, the safety of the applicant's children, or the | 127 |
safety of the minor, incompetent, or ward on whose behalf the | 128 |
application is made or knowingly provide false or incorrect | 129 |
information upon making an application. A violation of this | 130 |
prohibition shall be grounds for removal from the address | 131 |
confidentiality program. | 132 |
(E) No tier I sex offender/child-victim offender, tier II sex | 133 |
offender/child-victim offender, or tier III sex | 134 |
offender/child-victim offender is eligible to apply to the | 135 |
secretary of state to have an address designated by the secretary | 136 |
of state serve as the person's address under sections 111.31 to | 137 |
111.40 of the Revised Code. | 138 |
Sec. 111.321. (A) In any criminal action involving a | 139 |
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 140 |
2903.22, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, | 141 |
2907.08, 2907.09, 2911.211, 2919.22, or 2919.25 of the Revised | 142 |
Code, upon the conviction or plea of guilty of the defendant, the | 143 |
court shall notify in writing the victim of the offense if an | 144 |
adult person or a parent or guardian acting on behalf of the | 145 |
victim who is a minor, incompetent, or ward of the right of the | 146 |
person to apply with the assistance of an application assistant to | 147 |
the secretary of state under sections 111.31 to 111.40 of the | 148 |
Revised Code to have an address designated by the secretary of | 149 |
state serve as the person's address or the address of the minor, | 150 |
incompetent, or ward. The person may apply with the assistance of | 151 |
an application assistant to the secretary of state pursuant to | 152 |
those sections to have an address designated by the secretary of | 153 |
state serve as the person's address or the address of the minor, | 154 |
incompetent, or ward. | 155 |
(B) In any proceeding under section 2903.213 of the Revised | 156 |
Code, upon the issuance of a protection order, the court shall | 157 |
notify in writing the person who filed the motion for the | 158 |
protection order of the right of the person to apply with the | 159 |
assistance of an application assistant to the secretary of state | 160 |
under sections 111.31 to 111.40 of the Revised Code to have an | 161 |
address designated by the secretary of state serve as the person's | 162 |
address or the address of the person on whose behalf the | 163 |
protection order was issued. The person who filed the motion for | 164 |
the protection order may apply with the assistance of an | 165 |
application assistant to the secretary of state pursuant to those | 166 |
sections to have an address designated by the secretary of state | 167 |
serve as the person's address or the address of the person on | 168 |
whose behalf the protection order was issued. | 169 |
(C) In any proceeding under section 2903.214 or 3113.31 of | 170 |
the Revised Code, upon the issuance of a protection order or the | 171 |
approval of a consent agreement, the court shall notify in writing | 172 |
the petitioner in the proceeding of the right of the petitioner to | 173 |
apply with the assistance of an application assistant to the | 174 |
secretary of state under sections 111.31 to 111.40 of the Revised | 175 |
Code to have an address designated by the secretary of state serve | 176 |
as the petitioner's address or the address of the person on whose | 177 |
behalf the protection order was issued or the consent agreement | 178 |
was approved. The petitioner may apply with the assistance of an | 179 |
application assistant to the secretary of state pursuant to those | 180 |
sections to have an address designated by the secretary of state | 181 |
serve as the petitioner's address or the address of the person on | 182 |
whose behalf the protection order was issued or the consent | 183 |
agreement was approved. | 184 |
Sec. 111.33. (A) A program participant may request that a | 185 |
governmental entity use the address designated by the secretary of | 186 |
state as the program participant's address. Except as otherwise | 187 |
provided in division (D) of this section, if the program | 188 |
participant requests that a governmental entity use that address, | 189 |
the governmental entity shall accept that address. | 190 |
(B) A program participant may use the address designated by | 191 |
the secretary of state as the program participant's address at the | 192 |
program participant's place of employment. | 193 |
(C)(1) The office of the secretary of state shall daily place | 194 |
all first class mail of a program participant that the secretary | 195 |
of state receives that day into an envelope or package and mail | 196 |
that envelope or package to the program participant at the mailing | 197 |
address of the program participant provided in the program | 198 |
participant's application under section 111.32 of the Revised | 199 |
Code. | 200 |
(2) The secretary of state may contract with the United | 201 |
States postal service to establish special postal rates for the | 202 |
envelopes or packages used in mailing a program participant's | 203 |
first class mail under this section. | 204 |
(D) Division (A) of this section does not apply to a | 205 |
municipal-owned public utility. The confidential addresses of | 206 |
participants of the address confidentiality program that are | 207 |
maintained by a municipal-owned public utility are not a public | 208 |
record and shall not be released by a municipal-owned public | 209 |
utility or by any employee of a municipal-owned public utility. | 210 |
Sec. 111.34. (A) Except as otherwise provided in this | 211 |
section, a program participant who is a qualified elector may vote | 212 |
by absent voter's ballots under Chapter 3509. of the Revised Code. | 213 |
The program participant shall apply to the secretary of state for | 214 |
those ballots using the participant's confidential address. | 215 |
Bipartisan teams of employees of the office of the secretary of | 216 |
state shall determine the precinct in which the program | 217 |
participant resides and the ballot style that the program | 218 |
participant should receive and shall request the program | 219 |
participant absent voter's ballot from the board of elections. The | 220 |
board of elections shall send to the secretary of state the | 221 |
ballots appropriate for the precinct where the participant's true | 222 |
residence is located. The office of the secretary of state shall | 223 |
forward the ballot to the program participant and instruct the | 224 |
program participant to return the program participant's ballot to | 225 |
the office of the secretary of state. Bipartisan teams of | 226 |
employees of the office of the secretary of state shall verify | 227 |
that the program participant is registered and eligible to vote | 228 |
using the secretary of state's participant voter registration | 229 |
system and that the ballot envelope was properly completed before | 230 |
forwarding for tabulation the ballot to the board of elections in | 231 |
the county where the program participant voter resides. The absent | 232 |
voter's ballots provided to program participants shall be referred | 233 |
to as "ACP absent voter's ballots." The board of elections shall | 234 |
accept all ballots forwarded by the secretary of state that are | 235 |
postmarked prior to election day for up to ten days after election | 236 |
day. | 237 |
(B) Each employee of the office of the secretary of state who | 238 |
serves on a bipartisan team that handles program participants' | 239 |
absent voter's ballots shall subscribe to an oath that the | 240 |
employee will faithfully execute the employee's duties to the best | 241 |
of the employee's ability. | 242 |
(C) Except as otherwise provided in sections 111.35 and | 243 |
111.36 of the Revised Code and notwithstanding any provision of | 244 |
sections 3503.15 and 3503.26 or any other section of the Revised | 245 |
Code to the contrary, the secretary of state shall not disclose or | 246 |
make a program participant's voter registration record available | 247 |
for public inspection or copying. A program participant's voter | 248 |
registration record will be subject to a mandatory audit every | 249 |
four years by the auditor of state. The results of that audit are | 250 |
not a public record and shall be kept only by the auditor of state | 251 |
and the secretary of state. | 252 |
(D) "Bipartisan teams" means two designated employees of the | 253 |
office of the secretary of state who are from different political | 254 |
parties. | 255 |
Sec. 111.35. (A) A person may petition the court of common | 256 |
pleas of Franklin county for a hearing to order the secretary of | 257 |
state to make a program participant's confidential address | 258 |
available to the person. | 259 |
(B) Upon the filing of a petition under this section, the | 260 |
court shall fix a date for a hearing on it and require the clerk | 261 |
of the court of common pleas of Franklin county to serve a notice | 262 |
of the date, time, place, and purpose of the hearing upon the | 263 |
petitioner and the program participant. The clerk shall notify by | 264 |
electronic means the secretary of state on behalf of the program | 265 |
participant and shall send the notice by certified mail, return | 266 |
receipt requested, to the participant. | 267 |
(C) Upon receipt of a notice under division (B) of this | 268 |
section by the secretary of state, the secretary of state shall | 269 |
forward by certified mail, return receipt requested, a copy of the | 270 |
individual notice to the program participant at the program | 271 |
participant's confidential address. The return receipt shall be | 272 |
addressed to the clerk of the applicable court of common pleas. | 273 |
The court shall not hear the petition until the clerk receives the | 274 |
return receipt containing proof of service of the notice upon the | 275 |
program participant. | 276 |
(D) At a hearing under this section, the program participant | 277 |
or the program participant's attorney may appear and be heard. | 278 |
After the hearing and considering the testimony, the court shall | 279 |
issue the requested order only if good cause is shown for the | 280 |
order and it appears to the court by clear and convincing evidence | 281 |
that the disclosure of the program participant's confidential | 282 |
address will not increase the risk that the program participant | 283 |
will be threatened or harmed by another person. | 284 |
Sec. 111.36. (A) Notwithstanding any provision of sections | 285 |
3503.15 and 3503.26 or any other section of the Revised Code to | 286 |
the contrary, the secretary of state shall not disclose or make a | 287 |
program participant's confidential address available for | 288 |
inspection or copying, except under the following circumstances: | 289 |
(1)(a) The secretary of state shall disclose a program | 290 |
participant's confidential address to a law enforcement officer, | 291 |
prosecuting attorney, city director of law, or similar chief legal | 292 |
officer, or their designees, acting pursuant to a search warrant, | 293 |
subpoena, or court order. | 294 |
(b) A law enforcement officer may obtain the confidential | 295 |
address of a program participant from an electronic database | 296 |
maintained by the secretary of state under section 111.40 of the | 297 |
Revised Code and accessed through existing electronic databases | 298 |
that are regularly used by law enforcement officers if none of the | 299 |
following applies to the law enforcement officer: | 300 |
(i) The officer is the offender of a violation as described | 301 |
in division (A)(1)(a) of section 111.32 of the Revised Code. | 302 |
(ii) The officer is the person against whom a protection | 303 |
order is issued or a consent agreement is approved as described in | 304 |
division (A)(1)(b) of section 111.32 of the Revised Code. | 305 |
(iii) The officer is the person an applicant reasonably fears | 306 |
as causing the danger of being threatened or physically harmed as | 307 |
described in division (A)(1)(c) of section 111.32 of the Revised | 308 |
Code. | 309 |
(2) If a court orders that a program participant's | 310 |
confidential address be made available to a person under section | 311 |
111.35 of the Revised Code, the secretary of state shall make it | 312 |
available to the person named in the court order. | 313 |
(3) If the secretary of state has canceled a program | 314 |
participant's certification under section 111.37 of the Revised | 315 |
Code, the secretary of state may make the address available for | 316 |
inspection or copying under section 3503.26 of the Revised Code. | 317 |
(B)(1) No person who obtains the confidential address of a | 318 |
program participant from the office of the secretary of state | 319 |
shall, with knowledge that the confidential address is protected | 320 |
in the address confidentiality program established under sections | 321 |
111.31 to 111.40 of the Revised Code, knowingly disclose the | 322 |
confidential address to any person not authorized to receive that | 323 |
confidential address. | 324 |
(2) Division (B)(1) of this section does not apply to either | 325 |
of the following: | 326 |
(a) Any disclosure of the confidential address of a program | 327 |
participant to a law enforcement officer acting within the scope | 328 |
of the officer's duties in the investigation or prosecution of a | 329 |
criminal offense; | 330 |
(b) Any disclosure of the confidential address of a program | 331 |
participant in any grand jury proceeding, any judicial proceeding, | 332 |
or any filing, notice, discovery, motion, or other process | 333 |
incident to a judicial proceeding. | 334 |
(3) Whoever violates division (B)(1) of this section is | 335 |
guilty of a felony of the fifth degree. | 336 |
Sec. 111.37. (A) The secretary of state shall immediately | 337 |
cancel the certification of a program participant under either of | 338 |
the following circumstances: | 339 |
(1) The program participant's application contained one or | 340 |
more false statements. | 341 |
(2) The program participant requests to cease being a program | 342 |
participant. | 343 |
(B) The secretary of state may cancel the certification of a | 344 |
program participant if the program participant's address changes | 345 |
from any address listed on the application made under section | 346 |
111.32 of the Revised Code, unless the program participant or the | 347 |
person who applied for the program on behalf of the program | 348 |
participant provides the secretary of state with written notice of | 349 |
the change of address within five days after the change of address | 350 |
occurs. | 351 |
Sec. 111.38. (A) The secretary of state may designate one or | 352 |
more employees or volunteers of various shelters for victims of | 353 |
domestic violence or other agencies within a county that serve | 354 |
victims of abuse to serve as application assistants for the | 355 |
applicants. | 356 |
(B) Application assistants shall comply with the requirements | 357 |
for training and certification adopted by the secretary of state | 358 |
under section 111.40 of the Revised Code. | 359 |
Sec. 111.39. (A) Notwithstanding any provision of Chapter | 360 |
2743. or any other section of the Revised Code to the contrary, | 361 |
the state and the office of the secretary of state are not liable | 362 |
in damages for injury, death, or loss to person or property that | 363 |
allegedly arises from the performance of the secretary of state's | 364 |
duties under sections 111.31 to 111.40 of the Revised Code. | 365 |
Section 9.86 of the Revised Code applies to all officers and | 366 |
employees of the office of the secretary of state in relation to | 367 |
that performance. | 368 |
(B) Any assistance or counseling rendered to program | 369 |
applicants or program participants by the office of the secretary | 370 |
of state or by certified application assistants is not legal | 371 |
advice. | 372 |
Sec. 111.40. (A) The secretary of state shall adopt rules | 373 |
under Chapter 119. of the Revised Code to facilitate the | 374 |
administration of sections 111.31 to 111.40 of the Revised Code. | 375 |
(B) The secretary of state also shall adopt rules under | 376 |
Chapter 119. of the Revised Code to establish the following: | 377 |
(1) Guidelines for maintaining the confidentiality of the | 378 |
voter registration records of program participants; | 379 |
(2) Requirements for the training and certification of | 380 |
application assistants; | 381 |
(3) The application for certification as a program | 382 |
participant; | 383 |
(4) The procedure for renewal of certification as a program | 384 |
participant. | 385 |
(C) The secretary of state shall prescribe forms necessary | 386 |
for the administration of the address confidentiality program, | 387 |
including, but not limited to, an address confidentiality program | 388 |
identification card. Application assistants and other persons | 389 |
involved in registering participants in the address | 390 |
confidentiality program shall use the forms prescribed by the | 391 |
secretary of state. | 392 |
(D)(1) The secretary of state shall maintain an electronic | 393 |
database that contains the names and confidential addresses of | 394 |
participants in the address confidentiality program and any other | 395 |
information that the secretary of state considers appropriate | 396 |
regarding the participants. Except as otherwise provided in this | 397 |
division, the database is not a public record open for inspection | 398 |
under section 149.43 of the Revised Code. Subject to division | 399 |
(A)(1)(b) of section 111.36 of the Revised Code, any law | 400 |
enforcement officer may access the database to obtain the | 401 |
confidential address of a program participant. | 402 |
(2) The secretary of state and the attorney general shall | 403 |
enter into a memorandum of understanding to make any data | 404 |
pertaining to participants in the address confidentiality program | 405 |
available in a secure manner to law enforcement officers while | 406 |
maintaining a high level of safety for program participants. | 407 |
Sec. 149.43. (A) As used in this section: | 408 |
(1) "Public record" means records kept by any public office, | 409 |
including, but not limited to, state, county, city, village, | 410 |
township, and school district units, and records pertaining to the | 411 |
delivery of educational services by an alternative school in this | 412 |
state kept by the nonprofit or for-profit entity operating the | 413 |
alternative school pursuant to section 3313.533 of the Revised | 414 |
Code. "Public record" does not mean any of the following: | 415 |
(a) Medical records; | 416 |
(b) Records pertaining to probation and parole proceedings or | 417 |
to proceedings related to the imposition of community control | 418 |
sanctions and post-release control sanctions; | 419 |
(c) Records pertaining to actions under section 2151.85 and | 420 |
division (C) of section 2919.121 of the Revised Code and to | 421 |
appeals of actions arising under those sections; | 422 |
(d) Records pertaining to adoption proceedings, including the | 423 |
contents of an adoption file maintained by the department of | 424 |
health under section 3705.12 of the Revised Code; | 425 |
(e) Information in a record contained in the putative father | 426 |
registry established by section 3107.062 of the Revised Code, | 427 |
regardless of whether the information is held by the department of | 428 |
job and family services or, pursuant to section 3111.69 of the | 429 |
Revised Code, the office of child support in the department or a | 430 |
child support enforcement agency; | 431 |
(f) Records listed in division (A) of section 3107.42 of the | 432 |
Revised Code or specified in division (A) of section 3107.52 of | 433 |
the Revised Code; | 434 |
(g) Trial preparation records; | 435 |
(h) Confidential law enforcement investigatory records; | 436 |
(i) Records containing information that is confidential under | 437 |
section 2710.03 or 4112.05 of the Revised Code; | 438 |
(j) DNA records stored in the DNA database pursuant to | 439 |
section 109.573 of the Revised Code; | 440 |
(k) Inmate records released by the department of | 441 |
rehabilitation and correction to the department of youth services | 442 |
or a court of record pursuant to division (E) of section 5120.21 | 443 |
of the Revised Code; | 444 |
(l) Records maintained by the department of youth services | 445 |
pertaining to children in its custody released by the department | 446 |
of youth services to the department of rehabilitation and | 447 |
correction pursuant to section 5139.05 of the Revised Code; | 448 |
(m) Intellectual property records; | 449 |
(n) Donor profile records; | 450 |
(o) Records maintained by the department of job and family | 451 |
services pursuant to section 3121.894 of the Revised Code; | 452 |
(p) Peace officer, parole officer, probation officer, | 453 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 454 |
correctional employee, community-based correctional facility | 455 |
employee, youth services employee, firefighter, EMT, | 456 |
investigator of the bureau of criminal identification and | 457 |
investigation, or federal law enforcement officer residential and | 458 |
familial information; | 459 |
(q) In the case of a county hospital operated pursuant to | 460 |
Chapter 339. of the Revised Code or a municipal hospital operated | 461 |
pursuant to Chapter 749. of the Revised Code, information that | 462 |
constitutes a trade secret, as defined in section 1333.61 of the | 463 |
Revised Code; | 464 |
(r) Information pertaining to the recreational activities of | 465 |
a person under the age of eighteen; | 466 |
(s) Records provided to, statements made by review board | 467 |
members during meetings of, and all work products of a child | 468 |
fatality review board acting under sections 307.621 to 307.629 of | 469 |
the Revised Code, and child fatality review data submitted by the | 470 |
child fatality review board to the department of health or a | 471 |
national child death review database, other than the report | 472 |
prepared pursuant to division (A) of section 307.626 of the | 473 |
Revised Code; | 474 |
(t) Records provided to and statements made by the executive | 475 |
director of a public children services agency or a prosecuting | 476 |
attorney acting pursuant to section 5153.171 of the Revised Code | 477 |
other than the information released under that section; | 478 |
(u) Test materials, examinations, or evaluation tools used in | 479 |
an examination for licensure as a nursing home administrator that | 480 |
the board of executives of long-term services and supports | 481 |
administers under section 4751.04 of the Revised Code or contracts | 482 |
under that section with a private or government entity to | 483 |
administer; | 484 |
(v) Records the release of which is prohibited by state or | 485 |
federal law; | 486 |
(w) Proprietary information of or relating to any person that | 487 |
is submitted to or compiled by the Ohio venture capital authority | 488 |
created under section 150.01 of the Revised Code; | 489 |
(x) Financial statements and data any person submits for any | 490 |
purpose to the Ohio housing finance agency or the controlling | 491 |
board in connection with applying for, receiving, or accounting | 492 |
for financial assistance from the agency, and information that | 493 |
identifies any individual who benefits directly or indirectly from | 494 |
financial assistance from the agency; | 495 |
(y) Records listed in section 5101.29 of the Revised Code; | 496 |
(z) Discharges recorded with a county recorder under section | 497 |
317.24 of the Revised Code, as specified in division (B)(2) of | 498 |
that section; | 499 |
(aa) Usage information including names and addresses of | 500 |
specific residential and commercial customers of a municipally | 501 |
owned or operated public utility; | 502 |
(bb) Records described in division (C) of section 187.04 of | 503 |
the Revised Code that are not designated to be made available to | 504 |
the public as provided in that division; | 505 |
(cc) Subject to any provision in sections 111.31 to 111.40 of | 506 |
the Revised Code, the confidential address of a participant of the | 507 |
address confidentiality program, and all of the records pertaining | 508 |
to the address confidentiality program, established under those | 509 |
sections. | 510 |
(2) "Confidential law enforcement investigatory record" means | 511 |
any record that pertains to a law enforcement matter of a | 512 |
criminal, quasi-criminal, civil, or administrative nature, but | 513 |
only to the extent that the release of the record would create a | 514 |
high probability of disclosure of any of the following: | 515 |
(a) The identity of a suspect who has not been charged with | 516 |
the offense to which the record pertains, or of an information | 517 |
source or witness to whom confidentiality has been reasonably | 518 |
promised; | 519 |
(b) Information provided by an information source or witness | 520 |
to whom confidentiality has been reasonably promised, which | 521 |
information would reasonably tend to disclose the source's or | 522 |
witness's identity; | 523 |
(c) Specific confidential investigatory techniques or | 524 |
procedures or specific investigatory work product; | 525 |
(d) Information that would endanger the life or physical | 526 |
safety of law enforcement personnel, a crime victim, a witness, or | 527 |
a confidential information source. | 528 |
(3) "Medical record" means any document or combination of | 529 |
documents, except births, deaths, and the fact of admission to or | 530 |
discharge from a hospital, that pertains to the medical history, | 531 |
diagnosis, prognosis, or medical condition of a patient and that | 532 |
is generated and maintained in the process of medical treatment. | 533 |
(4) "Trial preparation record" means any record that contains | 534 |
information that is specifically compiled in reasonable | 535 |
anticipation of, or in defense of, a civil or criminal action or | 536 |
proceeding, including the independent thought processes and | 537 |
personal trial preparation of an attorney. | 538 |
(5) "Intellectual property record" means a record, other than | 539 |
a financial or administrative record, that is produced or | 540 |
collected by or for faculty or staff of a state institution of | 541 |
higher learning in the conduct of or as a result of study or | 542 |
research on an educational, commercial, scientific, artistic, | 543 |
technical, or scholarly issue, regardless of whether the study or | 544 |
research was sponsored by the institution alone or in conjunction | 545 |
with a governmental body or private concern, and that has not been | 546 |
publicly released, published, or patented. | 547 |
(6) "Donor profile record" means all records about donors or | 548 |
potential donors to a public institution of higher education | 549 |
except the names and reported addresses of the actual donors and | 550 |
the date, amount, and conditions of the actual donation. | 551 |
(7) "Peace officer, parole officer, probation officer, | 552 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 553 |
correctional employee, community-based correctional facility | 554 |
employee, youth services employee, firefighter, EMT, | 555 |
investigator of the bureau of criminal identification and | 556 |
investigation, or federal law enforcement officer residential and | 557 |
familial information" means any information that discloses any of | 558 |
the following about a peace officer, parole officer, probation | 559 |
officer, bailiff, prosecuting attorney, assistant prosecuting | 560 |
attorney, correctional employee, community-based correctional | 561 |
facility employee, youth services employee, firefighter, EMT, | 562 |
investigator of the bureau of criminal identification and | 563 |
investigation, or federal law enforcement officer: | 564 |
(a) The address of the actual personal residence of a peace | 565 |
officer, parole officer, probation officer, bailiff, assistant | 566 |
prosecuting attorney, correctional employee, community-based | 567 |
correctional facility employee, youth services employee, | 568 |
firefighter, EMT, | 569 |
identification and investigation, or federal law enforcement | 570 |
officer, except for the state or political subdivision in which | 571 |
the peace officer, parole officer, probation officer, bailiff, | 572 |
assistant prosecuting attorney, correctional employee, | 573 |
community-based correctional facility employee, youth services | 574 |
employee, firefighter, EMT, | 575 |
criminal identification and investigation, or federal law | 576 |
enforcement officer resides; | 577 |
(b) Information compiled from referral to or participation in | 578 |
an employee assistance program; | 579 |
(c) The social security number, the residential telephone | 580 |
number, any bank account, debit card, charge card, or credit card | 581 |
number, or the emergency telephone number of, or any medical | 582 |
information pertaining to, a peace officer, parole officer, | 583 |
probation officer, bailiff, prosecuting attorney, assistant | 584 |
prosecuting attorney, correctional employee, community-based | 585 |
correctional facility employee, youth services employee, | 586 |
firefighter, EMT, | 587 |
identification and investigation, or federal law enforcement | 588 |
officer; | 589 |
(d) The name of any beneficiary of employment benefits, | 590 |
including, but not limited to, life insurance benefits, provided | 591 |
to a peace officer, parole officer, probation officer, bailiff, | 592 |
prosecuting attorney, assistant prosecuting attorney, correctional | 593 |
employee, community-based correctional facility employee, youth | 594 |
services employee, firefighter, EMT, | 595 |
of criminal identification and investigation, or federal law | 596 |
enforcement officer by the peace officer's, parole officer's, | 597 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 598 |
prosecuting attorney's, correctional employee's, community-based | 599 |
correctional facility employee's, youth services employee's, | 600 |
firefighter's, EMT's, | 601 |
identification and investigation's, or federal law enforcement | 602 |
officer's employer; | 603 |
(e) The identity and amount of any charitable or employment | 604 |
benefit deduction made by the peace officer's, parole officer's, | 605 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 606 |
prosecuting attorney's, correctional employee's, community-based | 607 |
correctional facility employee's, youth services employee's, | 608 |
firefighter's, EMT's, | 609 |
identification and investigation's, or federal law enforcement | 610 |
officer's employer from the peace officer's, parole officer's, | 611 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 612 |
prosecuting attorney's, correctional employee's, community-based | 613 |
correctional facility employee's, youth services employee's, | 614 |
firefighter's, EMT's, | 615 |
identification and investigation's, or federal law enforcement | 616 |
officer's compensation unless the amount of the deduction is | 617 |
required by state or federal law; | 618 |
(f) The name, the residential address, the name of the | 619 |
employer, the address of the employer, the social security number, | 620 |
the residential telephone number, any bank account, debit card, | 621 |
charge card, or credit card number, or the emergency telephone | 622 |
number of the spouse, a former spouse, or any child of a peace | 623 |
officer, parole officer, probation officer, bailiff, prosecuting | 624 |
attorney, assistant prosecuting attorney, correctional employee, | 625 |
community-based correctional facility employee, youth services | 626 |
employee, firefighter, EMT, | 627 |
criminal identification and investigation, or federal law | 628 |
enforcement officer; | 629 |
(g) A photograph of a peace officer or federal law | 630 |
enforcement officer who holds a position or has an assignment that | 631 |
may include undercover or plain clothes positions or assignments | 632 |
as determined by the peace officer's or federal law enforcement | 633 |
officer's appointing authority. | 634 |
As used in divisions (A)(7) and (B)(9) of this section, | 635 |
"peace officer" has the same meaning as in section 109.71 of the | 636 |
Revised Code and also includes the superintendent and troopers of | 637 |
the state highway patrol; it does not include the sheriff of a | 638 |
county or a supervisory employee who, in the absence of the | 639 |
sheriff, is authorized to stand in for, exercise the authority of, | 640 |
and perform the duties of the sheriff. | 641 |
As used in divisions (A)(7) and (B) | 642 |
"correctional employee" means any employee of the department of | 643 |
rehabilitation and correction who in the course of performing the | 644 |
employee's job duties has or has had contact with inmates and | 645 |
persons under supervision. | 646 |
As used in divisions (A)(7) and (B) | 647 |
"youth services employee" means any employee of the department of | 648 |
youth services who in the course of performing the employee's job | 649 |
duties has or has had contact with children committed to the | 650 |
custody of the department of youth services. | 651 |
As used in divisions (A)(7) and (B)(9) of this section, | 652 |
"firefighter" means any regular, paid or volunteer, member of a | 653 |
lawfully constituted fire department of a municipal corporation, | 654 |
township, fire district, or village. | 655 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 656 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 657 |
medical services for a public emergency medical service | 658 |
organization. "Emergency medical service organization," | 659 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 660 |
section 4765.01 of the Revised Code. | 661 |
As used in divisions (A)(7) and (B)(9) of this section, | 662 |
"investigator of the bureau of criminal identification and | 663 |
investigation" has the meaning defined in section 2903.11 of the | 664 |
Revised Code. | 665 |
As used in divisions (A)(7) and (B)(9) of this section, | 666 |
"federal law enforcement officer" means any officer of the United | 667 |
States who is authorized by federal law to conduct any | 668 |
investigation of, and make any arrest for, any offense against the | 669 |
United States in violation of federal law. | 670 |
(8) "Information pertaining to the recreational activities of | 671 |
a person under the age of eighteen" means information that is kept | 672 |
in the ordinary course of business by a public office, that | 673 |
pertains to the recreational activities of a person under the age | 674 |
of eighteen years, and that discloses any of the following: | 675 |
(a) The address or telephone number of a person under the age | 676 |
of eighteen or the address or telephone number of that person's | 677 |
parent, guardian, custodian, or emergency contact person; | 678 |
(b) The social security number, birth date, or photographic | 679 |
image of a person under the age of eighteen; | 680 |
(c) Any medical record, history, or information pertaining to | 681 |
a person under the age of eighteen; | 682 |
(d) Any additional information sought or required about a | 683 |
person under the age of eighteen for the purpose of allowing that | 684 |
person to participate in any recreational activity conducted or | 685 |
sponsored by a public office or to use or obtain admission | 686 |
privileges to any recreational facility owned or operated by a | 687 |
public office. | 688 |
(9) "Community control sanction" has the same meaning as in | 689 |
section 2929.01 of the Revised Code. | 690 |
(10) "Post-release control sanction" has the same meaning as | 691 |
in section 2967.01 of the Revised Code. | 692 |
(11) "Redaction" means obscuring or deleting any information | 693 |
that is exempt from the duty to permit public inspection or | 694 |
copying from an item that otherwise meets the definition of a | 695 |
"record" in section 149.011 of the Revised Code. | 696 |
(12) "Designee" and "elected official" have the same meanings | 697 |
as in section 109.43 of the Revised Code. | 698 |
(B)(1) Upon request and subject to division (B)(8) of this | 699 |
section, all public records responsive to the request shall be | 700 |
promptly prepared and made available for inspection to any person | 701 |
at all reasonable times during regular business hours. Subject to | 702 |
division (B)(8) of this section, upon request, a public office or | 703 |
person responsible for public records shall make copies of the | 704 |
requested public record available at cost and within a reasonable | 705 |
period of time. If a public record contains information that is | 706 |
exempt from the duty to permit public inspection or to copy the | 707 |
public record, the public office or the person responsible for the | 708 |
public record shall make available all of the information within | 709 |
the public record that is not exempt. When making that public | 710 |
record available for public inspection or copying that public | 711 |
record, the public office or the person responsible for the public | 712 |
record shall notify the requester of any redaction or make the | 713 |
redaction plainly visible. A redaction shall be deemed a denial of | 714 |
a request to inspect or copy the redacted information, except if | 715 |
federal or state law authorizes or requires a public office to | 716 |
make the redaction. | 717 |
(2) To facilitate broader access to public records, a public | 718 |
office or the person responsible for public records shall organize | 719 |
and maintain public records in a manner that they can be made | 720 |
available for inspection or copying in accordance with division | 721 |
(B) of this section. A public office also shall have available a | 722 |
copy of its current records retention schedule at a location | 723 |
readily available to the public. If a requester makes an ambiguous | 724 |
or overly broad request or has difficulty in making a request for | 725 |
copies or inspection of public records under this section such | 726 |
that the public office or the person responsible for the requested | 727 |
public record cannot reasonably identify what public records are | 728 |
being requested, the public office or the person responsible for | 729 |
the requested public record may deny the request but shall provide | 730 |
the requester with an opportunity to revise the request by | 731 |
informing the requester of the manner in which records are | 732 |
maintained by the public office and accessed in the ordinary | 733 |
course of the public office's or person's duties. | 734 |
(3) If a request is ultimately denied, in part or in whole, | 735 |
the public office or the person responsible for the requested | 736 |
public record shall provide the requester with an explanation, | 737 |
including legal authority, setting forth why the request was | 738 |
denied. If the initial request was provided in writing, the | 739 |
explanation also shall be provided to the requester in writing. | 740 |
The explanation shall not preclude the public office or the person | 741 |
responsible for the requested public record from relying upon | 742 |
additional reasons or legal authority in defending an action | 743 |
commenced under division (C) of this section. | 744 |
(4) Unless specifically required or authorized by state or | 745 |
federal law or in accordance with division (B) of this section, no | 746 |
public office or person responsible for public records may limit | 747 |
or condition the availability of public records by requiring | 748 |
disclosure of the requester's identity or the intended use of the | 749 |
requested public record. Any requirement that the requester | 750 |
disclose the requestor's identity or the intended use of the | 751 |
requested public record constitutes a denial of the request. | 752 |
(5) A public office or person responsible for public records | 753 |
may ask a requester to make the request in writing, may ask for | 754 |
the requester's identity, and may inquire about the intended use | 755 |
of the information requested, but may do so only after disclosing | 756 |
to the requester that a written request is not mandatory and that | 757 |
the requester may decline to reveal the requester's identity or | 758 |
the intended use and when a written request or disclosure of the | 759 |
identity or intended use would benefit the requester by enhancing | 760 |
the ability of the public office or person responsible for public | 761 |
records to identify, locate, or deliver the public records sought | 762 |
by the requester. | 763 |
(6) If any person chooses to obtain a copy of a public record | 764 |
in accordance with division (B) of this section, the public office | 765 |
or person responsible for the public record may require that | 766 |
person to pay in advance the cost involved in providing the copy | 767 |
of the public record in accordance with the choice made by the | 768 |
person seeking the copy under this division. The public office or | 769 |
the person responsible for the public record shall permit that | 770 |
person to choose to have the public record duplicated upon paper, | 771 |
upon the same medium upon which the public office or person | 772 |
responsible for the public record keeps it, or upon any other | 773 |
medium upon which the public office or person responsible for the | 774 |
public record determines that it reasonably can be duplicated as | 775 |
an integral part of the normal operations of the public office or | 776 |
person responsible for the public record. When the person seeking | 777 |
the copy makes a choice under this division, the public office or | 778 |
person responsible for the public record shall provide a copy of | 779 |
it in accordance with the choice made by the person seeking the | 780 |
copy. Nothing in this section requires a public office or person | 781 |
responsible for the public record to allow the person seeking a | 782 |
copy of the public record to make the copies of the public record. | 783 |
(7) Upon a request made in accordance with division (B) of | 784 |
this section and subject to division (B)(6) of this section, a | 785 |
public office or person responsible for public records shall | 786 |
transmit a copy of a public record to any person by United States | 787 |
mail or by any other means of delivery or transmission within a | 788 |
reasonable period of time after receiving the request for the | 789 |
copy. The public office or person responsible for the public | 790 |
record may require the person making the request to pay in advance | 791 |
the cost of postage if the copy is transmitted by United States | 792 |
mail or the cost of delivery if the copy is transmitted other than | 793 |
by United States mail, and to pay in advance the costs incurred | 794 |
for other supplies used in the mailing, delivery, or transmission. | 795 |
Any public office may adopt a policy and procedures that it | 796 |
will follow in transmitting, within a reasonable period of time | 797 |
after receiving a request, copies of public records by United | 798 |
States mail or by any other means of delivery or transmission | 799 |
pursuant to this division. A public office that adopts a policy | 800 |
and procedures under this division shall comply with them in | 801 |
performing its duties under this division. | 802 |
In any policy and procedures adopted under this division, a | 803 |
public office may limit the number of records requested by a | 804 |
person that the office will transmit by United States mail to ten | 805 |
per month, unless the person certifies to the office in writing | 806 |
that the person does not intend to use or forward the requested | 807 |
records, or the information contained in them, for commercial | 808 |
purposes. For purposes of this division, "commercial" shall be | 809 |
narrowly construed and does not include reporting or gathering | 810 |
news, reporting or gathering information to assist citizen | 811 |
oversight or understanding of the operation or activities of | 812 |
government, or nonprofit educational research. | 813 |
(8) A public office or person responsible for public records | 814 |
is not required to permit a person who is incarcerated pursuant to | 815 |
a criminal conviction or a juvenile adjudication to inspect or to | 816 |
obtain a copy of any public record concerning a criminal | 817 |
investigation or prosecution or concerning what would be a | 818 |
criminal investigation or prosecution if the subject of the | 819 |
investigation or prosecution were an adult, unless the request to | 820 |
inspect or to obtain a copy of the record is for the purpose of | 821 |
acquiring information that is subject to release as a public | 822 |
record under this section and the judge who imposed the sentence | 823 |
or made the adjudication with respect to the person, or the | 824 |
judge's successor in office, finds that the information sought in | 825 |
the public record is necessary to support what appears to be a | 826 |
justiciable claim of the person. | 827 |
(9)(a) Upon written request made and signed by a journalist | 828 |
on or after December 16, 1999, a public office, or person | 829 |
responsible for public records, having custody of the records of | 830 |
the agency employing a specified peace officer, parole officer, | 831 |
probation officer, bailiff, prosecuting attorney, assistant | 832 |
prosecuting attorney, correctional employee, community-based | 833 |
correctional facility employee, youth services employee, | 834 |
firefighter, EMT, | 835 |
identification and investigation, or federal law enforcement | 836 |
officer shall disclose to the journalist the address of the actual | 837 |
personal residence of the peace officer, parole officer, probation | 838 |
officer, bailiff, prosecuting attorney, assistant prosecuting | 839 |
attorney, correctional employee, community-based correctional | 840 |
facility employee, youth services employee, firefighter, EMT, | 841 |
investigator of the bureau of criminal identification and | 842 |
investigation, or federal law enforcement officer and, if the | 843 |
peace officer's, parole officer's, probation officer's, bailiff's, | 844 |
prosecuting attorney's, assistant prosecuting attorney's, | 845 |
correctional employee's, community-based correctional facility | 846 |
employee's, youth services employee's, firefighter's, EMT's, | 847 |
investigator of the bureau of criminal identification and | 848 |
investigation's, or federal law enforcement officer's spouse, | 849 |
former spouse, or child is employed by a public office, the name | 850 |
and address of the employer of the peace officer's, parole | 851 |
officer's, probation officer's, bailiff's, prosecuting attorney's, | 852 |
assistant prosecuting attorney's, correctional employee's, | 853 |
community-based correctional facility employee's, youth services | 854 |
employee's, firefighter's, EMT's, | 855 |
criminal identification and investigation's, or federal law | 856 |
enforcement officer's spouse, former spouse, or child. The request | 857 |
shall include the journalist's name and title and the name and | 858 |
address of the journalist's employer and shall state that | 859 |
disclosure of the information sought would be in the public | 860 |
interest. | 861 |
(b) Division (B)(9)(a) of this section also applies to | 862 |
journalist requests for customer information maintained by a | 863 |
municipally owned or operated public utility, other than social | 864 |
security numbers and any private financial information such as | 865 |
credit reports, payment methods, credit card numbers, and bank | 866 |
account information. | 867 |
(c) As used in division (B)(9) of this section, "journalist" | 868 |
means a person engaged in, connected with, or employed by any news | 869 |
medium, including a newspaper, magazine, press association, news | 870 |
agency, or wire service, a radio or television station, or a | 871 |
similar medium, for the purpose of gathering, processing, | 872 |
transmitting, compiling, editing, or disseminating information for | 873 |
the general public. | 874 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 875 |
public office or the person responsible for public records to | 876 |
promptly prepare a public record and to make it available to the | 877 |
person for inspection in accordance with division (B) of this | 878 |
section or by any other failure of a public office or the person | 879 |
responsible for public records to comply with an obligation in | 880 |
accordance with division (B) of this section, the person allegedly | 881 |
aggrieved may commence a mandamus action to obtain a judgment that | 882 |
orders the public office or the person responsible for the public | 883 |
record to comply with division (B) of this section, that awards | 884 |
court costs and reasonable attorney's fees to the person that | 885 |
instituted the mandamus action, and, if applicable, that includes | 886 |
an order fixing statutory damages under division (C)(1) of this | 887 |
section. The mandamus action may be commenced in the court of | 888 |
common pleas of the county in which division (B) of this section | 889 |
allegedly was not complied with, in the supreme court pursuant to | 890 |
its original jurisdiction under Section 2 of Article IV, Ohio | 891 |
Constitution, or in the court of appeals for the appellate | 892 |
district in which division (B) of this section allegedly was not | 893 |
complied with pursuant to its original jurisdiction under Section | 894 |
3 of Article IV, Ohio Constitution. | 895 |
If a requestor transmits a written request by hand delivery | 896 |
or certified mail to inspect or receive copies of any public | 897 |
record in a manner that fairly describes the public record or | 898 |
class of public records to the public office or person responsible | 899 |
for the requested public records, except as otherwise provided in | 900 |
this section, the requestor shall be entitled to recover the | 901 |
amount of statutory damages set forth in this division if a court | 902 |
determines that the public office or the person responsible for | 903 |
public records failed to comply with an obligation in accordance | 904 |
with division (B) of this section. | 905 |
The amount of statutory damages shall be fixed at one hundred | 906 |
dollars for each business day during which the public office or | 907 |
person responsible for the requested public records failed to | 908 |
comply with an obligation in accordance with division (B) of this | 909 |
section, beginning with the day on which the requester files a | 910 |
mandamus action to recover statutory damages, up to a maximum of | 911 |
one thousand dollars. The award of statutory damages shall not be | 912 |
construed as a penalty, but as compensation for injury arising | 913 |
from lost use of the requested information. The existence of this | 914 |
injury shall be conclusively presumed. The award of statutory | 915 |
damages shall be in addition to all other remedies authorized by | 916 |
this section. | 917 |
The court may reduce an award of statutory damages or not | 918 |
award statutory damages if the court determines both of the | 919 |
following: | 920 |
(a) That, based on the ordinary application of statutory law | 921 |
and case law as it existed at the time of the conduct or | 922 |
threatened conduct of the public office or person responsible for | 923 |
the requested public records that allegedly constitutes a failure | 924 |
to comply with an obligation in accordance with division (B) of | 925 |
this section and that was the basis of the mandamus action, a | 926 |
well-informed public office or person responsible for the | 927 |
requested public records reasonably would believe that the conduct | 928 |
or threatened conduct of the public office or person responsible | 929 |
for the requested public records did not constitute a failure to | 930 |
comply with an obligation in accordance with division (B) of this | 931 |
section; | 932 |
(b) That a well-informed public office or person responsible | 933 |
for the requested public records reasonably would believe that the | 934 |
conduct or threatened conduct of the public office or person | 935 |
responsible for the requested public records would serve the | 936 |
public policy that underlies the authority that is asserted as | 937 |
permitting that conduct or threatened conduct. | 938 |
(2)(a) If the court issues a writ of mandamus that orders the | 939 |
public office or the person responsible for the public record to | 940 |
comply with division (B) of this section and determines that the | 941 |
circumstances described in division (C)(1) of this section exist, | 942 |
the court shall determine and award to the relator all court | 943 |
costs. | 944 |
(b) If the court renders a judgment that orders the public | 945 |
office or the person responsible for the public record to comply | 946 |
with division (B) of this section, the court may award reasonable | 947 |
attorney's fees subject to reduction as described in division | 948 |
(C)(2)(c) of this section. The court shall award reasonable | 949 |
attorney's fees, subject to reduction as described in division | 950 |
(C)(2)(c) of this section when either of the following applies: | 951 |
(i) The public office or the person responsible for the | 952 |
public records failed to respond affirmatively or negatively to | 953 |
the public records request in accordance with the time allowed | 954 |
under division (B) of this section. | 955 |
(ii) The public office or the person responsible for the | 956 |
public records promised to permit the relator to inspect or | 957 |
receive copies of the public records requested within a specified | 958 |
period of time but failed to fulfill that promise within that | 959 |
specified period of time. | 960 |
(c) Court costs and reasonable attorney's fees awarded under | 961 |
this section shall be construed as remedial and not punitive. | 962 |
Reasonable attorney's fees shall include reasonable fees incurred | 963 |
to produce proof of the reasonableness and amount of the fees and | 964 |
to otherwise litigate entitlement to the fees. The court may | 965 |
reduce an award of attorney's fees to the relator or not award | 966 |
attorney's fees to the relator if the court determines both of the | 967 |
following: | 968 |
(i) That, based on the ordinary application of statutory law | 969 |
and case law as it existed at the time of the conduct or | 970 |
threatened conduct of the public office or person responsible for | 971 |
the requested public records that allegedly constitutes a failure | 972 |
to comply with an obligation in accordance with division (B) of | 973 |
this section and that was the basis of the mandamus action, a | 974 |
well-informed public office or person responsible for the | 975 |
requested public records reasonably would believe that the conduct | 976 |
or threatened conduct of the public office or person responsible | 977 |
for the requested public records did not constitute a failure to | 978 |
comply with an obligation in accordance with division (B) of this | 979 |
section; | 980 |
(ii) That a well-informed public office or person responsible | 981 |
for the requested public records reasonably would believe that the | 982 |
conduct or threatened conduct of the public office or person | 983 |
responsible for the requested public records as described in | 984 |
division (C)(2)(c)(i) of this section would serve the public | 985 |
policy that underlies the authority that is asserted as permitting | 986 |
that conduct or threatened conduct. | 987 |
(D) Chapter 1347. of the Revised Code does not limit the | 988 |
provisions of this section. | 989 |
(E)(1) To ensure that all employees of public offices are | 990 |
appropriately educated about a public office's obligations under | 991 |
division (B) of this section, all elected officials or their | 992 |
appropriate designees shall attend training approved by the | 993 |
attorney general as provided in section 109.43 of the Revised | 994 |
Code. In addition, all public offices shall adopt a public records | 995 |
policy in compliance with this section for responding to public | 996 |
records requests. In adopting a public records policy under this | 997 |
division, a public office may obtain guidance from the model | 998 |
public records policy developed and provided to the public office | 999 |
by the attorney general under section 109.43 of the Revised Code. | 1000 |
Except as otherwise provided in this section, the policy may not | 1001 |
limit the number of public records that the public office will | 1002 |
make available to a single person, may not limit the number of | 1003 |
public records that it will make available during a fixed period | 1004 |
of time, and may not establish a fixed period of time before it | 1005 |
will respond to a request for inspection or copying of public | 1006 |
records, unless that period is less than eight hours. | 1007 |
(2) The public office shall distribute the public records | 1008 |
policy adopted by the public office under division (E)(1) of this | 1009 |
section to the employee of the public office who is the records | 1010 |
custodian or records manager or otherwise has custody of the | 1011 |
records of that office. The public office shall require that | 1012 |
employee to acknowledge receipt of the copy of the public records | 1013 |
policy. The public office shall create a poster that describes its | 1014 |
public records policy and shall post the poster in a conspicuous | 1015 |
place in the public office and in all locations where the public | 1016 |
office has branch offices. The public office may post its public | 1017 |
records policy on the internet web site of the public office if | 1018 |
the public office maintains an internet web site. A public office | 1019 |
that has established a manual or handbook of its general policies | 1020 |
and procedures for all employees of the public office shall | 1021 |
include the public records policy of the public office in the | 1022 |
manual or handbook. | 1023 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 1024 |
to Chapter 119. of the Revised Code to reasonably limit the number | 1025 |
of bulk commercial special extraction requests made by a person | 1026 |
for the same records or for updated records during a calendar | 1027 |
year. The rules may include provisions for charges to be made for | 1028 |
bulk commercial special extraction requests for the actual cost of | 1029 |
the bureau, plus special extraction costs, plus ten per cent. The | 1030 |
bureau may charge for expenses for redacting information, the | 1031 |
release of which is prohibited by law. | 1032 |
(2) As used in division (F)(1) of this section: | 1033 |
(a) "Actual cost" means the cost of depleted supplies, | 1034 |
records storage media costs, actual mailing and alternative | 1035 |
delivery costs, or other transmitting costs, and any direct | 1036 |
equipment operating and maintenance costs, including actual costs | 1037 |
paid to private contractors for copying services. | 1038 |
(b) "Bulk commercial special extraction request" means a | 1039 |
request for copies of a record for information in a format other | 1040 |
than the format already available, or information that cannot be | 1041 |
extracted without examination of all items in a records series, | 1042 |
class of records, or database by a person who intends to use or | 1043 |
forward the copies for surveys, marketing, solicitation, or resale | 1044 |
for commercial purposes. "Bulk commercial special extraction | 1045 |
request" does not include a request by a person who gives | 1046 |
assurance to the bureau that the person making the request does | 1047 |
not intend to use or forward the requested copies for surveys, | 1048 |
marketing, solicitation, or resale for commercial purposes. | 1049 |
(c) "Commercial" means profit-seeking production, buying, or | 1050 |
selling of any good, service, or other product. | 1051 |
(d) "Special extraction costs" means the cost of the time | 1052 |
spent by the lowest paid employee competent to perform the task, | 1053 |
the actual amount paid to outside private contractors employed by | 1054 |
the bureau, or the actual cost incurred to create computer | 1055 |
programs to make the special extraction. "Special extraction | 1056 |
costs" include any charges paid to a public agency for computer or | 1057 |
records services. | 1058 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 1059 |
"surveys, marketing, solicitation, or resale for commercial | 1060 |
purposes" shall be narrowly construed and does not include | 1061 |
reporting or gathering news, reporting or gathering information to | 1062 |
assist citizen oversight or understanding of the operation or | 1063 |
activities of government, or nonprofit educational research. | 1064 |
Sec. 149.45. (A) As used in this section: | 1065 |
(1) "Personal information" means any of the following: | 1066 |
(a) An individual's social security number; | 1067 |
(b) An individual's federal tax identification number; | 1068 |
(c) An individual's driver's license number or state | 1069 |
identification number; | 1070 |
(d) An individual's checking account number, savings account | 1071 |
number, or credit card number. | 1072 |
(2) "Public record" and "peace officer, parole officer, | 1073 |
probation officer, bailiff, prosecuting attorney, assistant | 1074 |
prosecuting attorney, correctional employee, youth services | 1075 |
employee, firefighter, EMT, | 1076 |
criminal identification and investigation, or federal law | 1077 |
enforcement officer residential and familial information" have the | 1078 |
same meanings as in section 149.43 of the Revised Code. | 1079 |
(3) "Truncate" means to redact all but the last four digits | 1080 |
of an individual's social security number. | 1081 |
(4) "Federal law enforcement officer" means any officer of | 1082 |
the United States who is authorized by federal law to conduct any | 1083 |
investigation of, and make any arrest for, any offense against the | 1084 |
United States in violation of federal law. | 1085 |
(B)(1) No public office or person responsible for a public | 1086 |
office's public records shall make available to the general public | 1087 |
on the internet any document that contains an individual's social | 1088 |
security number without otherwise redacting, encrypting, or | 1089 |
truncating the social security number. | 1090 |
(2) A public office or person responsible for a public | 1091 |
office's public records that prior to | 1092 |
1093 | |
the internet any document that contains an individual's social | 1094 |
security number shall redact, encrypt, or truncate the social | 1095 |
security number from that document. | 1096 |
(3) Divisions (B)(1) and (2) of this section do not apply to | 1097 |
documents that are only accessible through the internet with a | 1098 |
password. | 1099 |
(C)(1) An individual may request that a public office or a | 1100 |
person responsible for a public office's public records redact | 1101 |
personal information of that individual from any record made | 1102 |
available to the general public on the internet. An individual who | 1103 |
makes a request for redaction pursuant to this division shall make | 1104 |
the request in writing on a form developed by the attorney general | 1105 |
and shall specify the personal information to be redacted and | 1106 |
provide any information that identifies the location of that | 1107 |
personal information within a document that contains that personal | 1108 |
information. | 1109 |
(2) Upon receiving a request for a redaction pursuant to | 1110 |
division (C)(1) of this section, a public office or a person | 1111 |
responsible for a public office's public records shall act within | 1112 |
five business days in accordance with the request to redact the | 1113 |
personal information of the individual from any record made | 1114 |
available to the general public on the internet, if practicable. | 1115 |
If a redaction is not practicable, the public office or person | 1116 |
responsible for the public office's public records shall verbally | 1117 |
or in writing within five business days after receiving the | 1118 |
written request explain to the individual why the redaction is | 1119 |
impracticable. | 1120 |
(3) The attorney general shall develop a form to be used by | 1121 |
an individual to request a redaction pursuant to division (C)(1) | 1122 |
of this section. The form shall include a place to provide any | 1123 |
information that identifies the location of the personal | 1124 |
information to be redacted. | 1125 |
(D)(1) A peace officer, parole officer, probation officer, | 1126 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 1127 |
correctional employee, youth services employee, firefighter, EMT, | 1128 |
1129 | |
investigation, or federal law enforcement officer may request that | 1130 |
a public office other than a county auditor or a person | 1131 |
responsible for the public records of a public office other than a | 1132 |
county auditor redact the address of the person making the request | 1133 |
from any record made available to the general public on the | 1134 |
internet that includes peace officer, parole officer, probation | 1135 |
officer, bailiff, prosecuting attorney, assistant prosecuting | 1136 |
attorney, correctional employee, youth services employee, | 1137 |
firefighter, EMT, | 1138 |
identification and investigation, or federal law enforcement | 1139 |
officer residential and familial information of the person making | 1140 |
the request. A person who makes a request for a redaction pursuant | 1141 |
to this division shall make the request in writing and on a form | 1142 |
developed by the attorney general. | 1143 |
(2) Upon receiving a written request for a redaction pursuant | 1144 |
to division (D)(1) of this section, a public office other than a | 1145 |
county auditor or a person responsible for the public records of a | 1146 |
public office other than a county auditor shall act within five | 1147 |
business days in accordance with the request to redact the address | 1148 |
of the peace officer, parole officer, probation officer, bailiff, | 1149 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1150 |
employee, youth services employee, firefighter, EMT, | 1151 |
investigator of the bureau of criminal identification and | 1152 |
investigation, or federal law enforcement officer making the | 1153 |
request from any record made available to the general public on | 1154 |
the internet that includes peace officer, parole officer, | 1155 |
probation officer, bailiff, prosecuting attorney, assistant | 1156 |
prosecuting attorney, correctional employee, youth services | 1157 |
employee, firefighter, EMT, | 1158 |
criminal identification and investigation, or federal law | 1159 |
enforcement officer residential and familial information of the | 1160 |
person making the request, if practicable. If a redaction is not | 1161 |
practicable, the public office or person responsible for the | 1162 |
public office's public records shall verbally or in writing within | 1163 |
five business days after receiving the written request explain to | 1164 |
the peace officer, parole officer, probation officer, bailiff, | 1165 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1166 |
employee, youth services employee, firefighter, EMT, | 1167 |
investigator of the bureau of criminal identification and | 1168 |
investigation, or federal law enforcement officer why the | 1169 |
redaction is impracticable. | 1170 |
(3) Except as provided in this section and section 319.28 of | 1171 |
the Revised Code, a public office other than an employer of a | 1172 |
peace officer, parole officer, probation officer, bailiff, | 1173 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1174 |
employee, youth services employee, firefighter, EMT, | 1175 |
investigator of the bureau of criminal identification and | 1176 |
investigation, or federal law enforcement officer or a person | 1177 |
responsible for the public records of the employer is not required | 1178 |
to redact the residential and familial information of the peace | 1179 |
officer, parole officer, probation officer, bailiff, prosecuting | 1180 |
attorney, assistant prosecuting attorney, correctional employee, | 1181 |
youth services employee, firefighter, EMT, | 1182 |
bureau of criminal identification and investigation, or federal | 1183 |
law enforcement officer from other records maintained by the | 1184 |
public office. | 1185 |
(4) The attorney general shall develop a form to be used by a | 1186 |
peace officer, parole officer, probation officer, bailiff, | 1187 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1188 |
employee, youth services employee, firefighter, EMT, | 1189 |
investigator of the bureau of criminal identification and | 1190 |
investigation, or federal law enforcement officer to request a | 1191 |
redaction pursuant to division (D)(1) of this section. The form | 1192 |
shall include a place to provide any information that identifies | 1193 |
the location of the address of a peace officer, parole officer, | 1194 |
probation officer, bailiff, prosecuting attorney, assistant | 1195 |
prosecuting attorney, correctional employee, youth services | 1196 |
employee, firefighter, EMT, | 1197 |
criminal identification and investigation, or federal law | 1198 |
enforcement officer to be redacted. | 1199 |
(E)(1) If a public office or a person responsible for a | 1200 |
public office's public records becomes aware that an electronic | 1201 |
record of that public office that is made available to the general | 1202 |
public on the internet contains an individual's social security | 1203 |
number that was mistakenly not redacted, encrypted, or truncated | 1204 |
as required by division (B)(1) or (2) of this section, the public | 1205 |
office or person responsible for the public office's public | 1206 |
records shall redact, encrypt, or truncate the individual's social | 1207 |
security number within a reasonable period of time. | 1208 |
(2) A public office or a person responsible for a public | 1209 |
office's public records is not liable in damages in a civil action | 1210 |
for any harm an individual allegedly sustains as a result of the | 1211 |
inclusion of that individual's personal information on any record | 1212 |
made available to the general public on the internet or any harm a | 1213 |
peace officer, parole officer, probation officer, bailiff, | 1214 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1215 |
employee, youth services employee, firefighter, EMT, | 1216 |
investigator of the bureau of criminal identification and | 1217 |
investigation, or federal law enforcement officer sustains as a | 1218 |
result of the inclusion of the address of the peace officer, | 1219 |
parole officer, probation officer, bailiff, prosecuting attorney, | 1220 |
assistant prosecuting attorney, correctional employee, youth | 1221 |
services employee, firefighter, EMT, | 1222 |
of criminal identification and investigation, or federal law | 1223 |
enforcement officer on any record made available to the general | 1224 |
public on the internet in violation of this section unless the | 1225 |
public office or person responsible for the public office's public | 1226 |
records acted with malicious purpose, in bad faith, or in a wanton | 1227 |
or reckless manner or division (A)(6)(a) or (c) of section 2744.03 | 1228 |
of the Revised Code applies. | 1229 |
Sec. 319.28. (A) Except as otherwise provided in division | 1230 |
(B) of this section, on or before the first Monday of August, | 1231 |
annually, the county auditor shall compile and make up a general | 1232 |
tax list of real and public utility property in the county, either | 1233 |
in tabular form and alphabetical order, or, with the consent of | 1234 |
the county treasurer, by listing all parcels in a permanent parcel | 1235 |
number sequence to which a separate alphabetical index is keyed, | 1236 |
containing the names of the several persons, companies, firms, | 1237 |
partnerships, associations, and corporations in whose names real | 1238 |
property has been listed in each township, municipal corporation, | 1239 |
special district, or separate school district, or part of either | 1240 |
in the auditor's county, placing separately, in appropriate | 1241 |
columns opposite each name, the description of each tract, lot, or | 1242 |
parcel of real estate, the value of each tract, lot, or parcel, | 1243 |
the value of the improvements thereon, and of the names of the | 1244 |
several public utilities whose property, subject to taxation on | 1245 |
the general tax list and duplicate, has been apportioned by the | 1246 |
department of taxation to the county, and the amount so | 1247 |
apportioned to each township, municipal corporation, special | 1248 |
district, or separate school district or part of either in the | 1249 |
auditor's county, as shown by the certificates of apportionment of | 1250 |
public utility property. If the name of the owner of any tract, | 1251 |
lot, or parcel of real estate is unknown to the auditor, "unknown" | 1252 |
shall be entered in the column of names opposite said tract, lot, | 1253 |
or parcel. Such lists shall be prepared in duplicate. On or before | 1254 |
the first Monday of September in each year, the auditor shall | 1255 |
correct such lists in accordance with the additions and deductions | 1256 |
ordered by the tax commissioner and by the county board of | 1257 |
revision, and shall certify and on the first day of October | 1258 |
deliver one copy thereof to the county treasurer. The copies | 1259 |
prepared by the auditor shall constitute the auditor's general tax | 1260 |
list and treasurer's general duplicate of real and public utility | 1261 |
property for the current year. | 1262 |
Once a permanent parcel numbering system has been established | 1263 |
in any county as provided by the preceding paragraph, such system | 1264 |
shall remain in effect until otherwise agreed upon by the county | 1265 |
auditor and county treasurer. | 1266 |
(B)(1) A peace officer, parole officer, prosecuting attorney, | 1267 |
assistant prosecuting attorney, correctional employee, youth | 1268 |
services employee, firefighter, EMT, | 1269 |
of criminal identification and investigation, or federal law | 1270 |
enforcement officer may submit a written request by affidavit to | 1271 |
the county auditor requesting the county auditor to remove the | 1272 |
name of the peace officer, parole officer, prosecuting attorney, | 1273 |
assistant prosecuting attorney, correctional employee, youth | 1274 |
services employee, firefighter, EMT, | 1275 |
of criminal identification and investigation, or federal law | 1276 |
enforcement officer from any record made available to the general | 1277 |
public on the internet or a publicly accessible database and the | 1278 |
general tax list of real and public utility property and the | 1279 |
general duplicate of real and public utility property and insert | 1280 |
the initials of the peace officer, parole officer, prosecuting | 1281 |
attorney, assistant prosecuting attorney, correctional employee, | 1282 |
youth services employee, firefighter, EMT, | 1283 |
bureau of criminal identification and investigation, or federal | 1284 |
law enforcement officer on any record made available to the | 1285 |
general public on the internet or a publicly accessible database | 1286 |
and the general tax list of real and public utility property and | 1287 |
the general duplicate of real and public utility property as the | 1288 |
name of the peace officer, parole officer, prosecuting attorney, | 1289 |
assistant prosecuting attorney, correctional employee, youth | 1290 |
services employee, firefighter, EMT, | 1291 |
of criminal identification and investigation, or federal law | 1292 |
enforcement officer that appears on the deed. | 1293 |
(2) Upon receiving a written request by affidavit described | 1294 |
in division (B)(1) of this section, the county auditor shall act | 1295 |
within five business days in accordance with the request to remove | 1296 |
the name of the peace officer, parole officer, prosecuting | 1297 |
attorney, assistant prosecuting attorney, correctional employee, | 1298 |
youth services employee, firefighter, EMT, | 1299 |
bureau of criminal identification and investigation, or federal | 1300 |
law enforcement officer from any record made available to the | 1301 |
general public on the internet or a publicly accessible database | 1302 |
and the general tax list of real and public utility property and | 1303 |
the general duplicate of real and public utility property and | 1304 |
insert initials of the peace officer, parole officer, prosecuting | 1305 |
attorney, assistant prosecuting attorney, correctional employee, | 1306 |
youth services employee, firefighter, EMT, | 1307 |
bureau of criminal identification and investigation, or federal | 1308 |
law enforcement officer on any record made available to the | 1309 |
general public on the internet or a publicly accessible database | 1310 |
and the general tax list of real and public utility property and | 1311 |
the general duplicate of real and public utility property, if | 1312 |
practicable. If the removal and insertion is not practicable, the | 1313 |
county auditor shall verbally or in writing within five business | 1314 |
days after receiving the written request explain to the peace | 1315 |
officer, parole officer, prosecuting attorney, assistant | 1316 |
prosecuting attorney, correctional employee, youth services | 1317 |
employee, firefighter, EMT, | 1318 |
criminal identification and investigation, or federal law | 1319 |
enforcement officer why the removal and insertion is | 1320 |
impracticable. | 1321 |
(C) As used in this section, "federal law enforcement | 1322 |
officer" means any officer of the United States who is authorized | 1323 |
by federal law to conduct any investigation of, and make any | 1324 |
arrest for, any offense against the United States in violation of | 1325 |
federal law. | 1326 |
Sec. 319.54. (A) On all moneys collected by the county | 1327 |
treasurer on any tax duplicate of the county, other than estate | 1328 |
tax duplicates, and on all moneys received as advance payments of | 1329 |
personal property and classified property taxes, the county | 1330 |
auditor, on settlement with the treasurer and tax commissioner, on | 1331 |
or before the date prescribed by law for such settlement or any | 1332 |
lawful extension of such date, shall be allowed as compensation | 1333 |
for the county auditor's services the following percentages: | 1334 |
(1) On the first one hundred thousand dollars, two and | 1335 |
one-half per cent; | 1336 |
(2) On the next two million dollars, eight thousand three | 1337 |
hundred eighteen ten-thousandths of one per cent; | 1338 |
(3) On the next two million dollars, six thousand six hundred | 1339 |
fifty-five ten-thousandths of one per cent; | 1340 |
(4) On all further sums, one thousand six hundred sixty-three | 1341 |
ten-thousandths of one per cent. | 1342 |
If any settlement is not made on or before the date | 1343 |
prescribed by law for such settlement or any lawful extension of | 1344 |
such date, the aggregate compensation allowed to the auditor shall | 1345 |
be reduced one per cent for each day such settlement is delayed | 1346 |
after the prescribed date. No penalty shall apply if the auditor | 1347 |
and treasurer grant all requests for advances up to ninety per | 1348 |
cent of the settlement pursuant to section 321.34 of the Revised | 1349 |
Code. The compensation allowed in accordance with this section on | 1350 |
settlements made before the dates prescribed by law, or the | 1351 |
reduced compensation allowed in accordance with this section on | 1352 |
settlements made after the date prescribed by law or any lawful | 1353 |
extension of such date, shall be apportioned ratably by the | 1354 |
auditor and deducted from the shares or portions of the revenue | 1355 |
payable to the state as well as to the county, townships, | 1356 |
municipal corporations, and school districts. | 1357 |
(B) For the purpose of reimbursing county auditors for the | 1358 |
expenses associated with the increased number of applications for | 1359 |
reductions in real property taxes under sections 323.152 and | 1360 |
4503.065 of the Revised Code that result from the amendment of | 1361 |
those sections by Am. Sub. H.B. 119 of the 127th general assembly, | 1362 |
there shall be paid from the state's general revenue fund to the | 1363 |
county treasury, to the credit of the real estate assessment fund | 1364 |
created by section 325.31 of the Revised Code, an amount equal to | 1365 |
one per cent of the total annual amount of property tax relief | 1366 |
reimbursement paid to that county under sections 323.156 and | 1367 |
4503.068 of the Revised Code for the preceding tax year. Payments | 1368 |
made under this division shall be made at the same times and in | 1369 |
the same manner as payments made under section 323.156 of the | 1370 |
Revised Code. | 1371 |
(C) From all moneys collected by the county treasurer on any | 1372 |
tax duplicate of the county, other than estate tax duplicates, and | 1373 |
on all moneys received as advance payments of personal property | 1374 |
and classified property taxes, there shall be paid into the county | 1375 |
treasury to the credit of the real estate assessment fund created | 1376 |
by section 325.31 of the Revised Code, an amount to be determined | 1377 |
by the county auditor, which shall not exceed the percentages | 1378 |
prescribed in divisions (C)(1) and (2) of this section. | 1379 |
(1) For payments made after June 30, 2007, and before 2011, | 1380 |
the following percentages: | 1381 |
(a) On the first five hundred thousand dollars, four per | 1382 |
cent; | 1383 |
(b) On the next five million dollars, two per cent; | 1384 |
(c) On the next five million dollars, one per cent; | 1385 |
(d) On all further sums not exceeding one hundred fifty | 1386 |
million dollars, three-quarters of one per cent; | 1387 |
(e) On amounts exceeding one hundred fifty million dollars, | 1388 |
five hundred eighty-five thousandths of one per cent. | 1389 |
(2) For payments made in or after 2011, the following | 1390 |
percentages: | 1391 |
(a) On the first five hundred thousand dollars, four per | 1392 |
cent; | 1393 |
(b) On the next ten million dollars, two per cent; | 1394 |
(c) On amounts exceeding ten million five hundred thousand | 1395 |
dollars, three-fourths of one per cent. | 1396 |
Such compensation shall be apportioned ratably by the auditor | 1397 |
and deducted from the shares or portions of the revenue payable to | 1398 |
the state as well as to the county, townships, municipal | 1399 |
corporations, and school districts. | 1400 |
(D) Each county auditor shall receive four per cent of the | 1401 |
amount of tax collected and paid into the county treasury, on | 1402 |
property omitted and placed by the county auditor on the tax | 1403 |
duplicate. | 1404 |
(E) On all estate tax moneys collected by the county | 1405 |
treasurer, the county auditor, on settlement semiannually with the | 1406 |
tax commissioner, shall be allowed, as compensation for the | 1407 |
auditor's services under Chapter 5731. of the Revised Code, the | 1408 |
following percentages: | 1409 |
(1) Four per cent on the first one hundred thousand dollars; | 1410 |
(2) One-half of one per cent on all additional sums. | 1411 |
Such percentages shall be computed upon the amount collected | 1412 |
and reported at each semiannual settlement, and shall be for the | 1413 |
use of the general fund of the county. | 1414 |
(F) On all cigarette license moneys collected by the county | 1415 |
treasurer, the county auditor, on settlement semiannually with the | 1416 |
treasurer, shall be allowed as compensation for the auditor's | 1417 |
services in the issuing of such licenses one-half of one per cent | 1418 |
of such moneys, to be apportioned ratably and deducted from the | 1419 |
shares of the revenue payable to the county and subdivisions, for | 1420 |
the use of the general fund of the county. | 1421 |
(G) The county auditor shall charge and receive fees as | 1422 |
follows: | 1423 |
(1) For deeds of land sold for taxes to be paid by the | 1424 |
purchaser, five dollars; | 1425 |
(2) For the transfer or entry of land, lot, or part of lot, | 1426 |
or the transfer or entry on or after January 1, 2000, of a used | 1427 |
manufactured home or mobile home as defined in section 5739.0210 | 1428 |
of the Revised Code, fifty cents for each transfer or entry, to be | 1429 |
paid by the person requiring it; | 1430 |
(3) For receiving statements of value and administering | 1431 |
section 319.202 of the Revised Code, one dollar, or ten cents for | 1432 |
each one hundred dollars or fraction of one hundred dollars, | 1433 |
whichever is greater, of the value of the real property | 1434 |
transferred or, for sales occurring on or after January 1, 2000, | 1435 |
the value of the used manufactured home or used mobile home, as | 1436 |
defined in section 5739.0210 of the Revised Code, transferred, | 1437 |
except no fee shall be charged when the transfer is made: | 1438 |
(a) To or from the United States, this state, or any | 1439 |
instrumentality, agency, or political subdivision of the United | 1440 |
States or this state; | 1441 |
(b) Solely in order to provide or release security for a debt | 1442 |
or obligation; | 1443 |
(c) To confirm or correct a deed previously executed and | 1444 |
recorded or when a current owner on any record made available to | 1445 |
the general public on the internet or a publicly accessible | 1446 |
database and the general tax list of real and public utility | 1447 |
property and the general duplicate of real and public utility | 1448 |
property is a peace officer, parole officer, prosecuting attorney, | 1449 |
assistant prosecuting attorney, correctional employee, youth | 1450 |
services employee, firefighter, EMT, | 1451 |
of criminal identification and investigation, or federal law | 1452 |
enforcement officer and is changing the current owner name listed | 1453 |
on any record made available to the general public on the internet | 1454 |
or a publicly accessible database and the general tax list of real | 1455 |
and public utility property and the general duplicate of real and | 1456 |
public utility property to the initials of the current owner as | 1457 |
prescribed in division (B)(1) of section 319.28 of the Revised | 1458 |
Code; | 1459 |
(d) To evidence a gift, in trust or otherwise and whether | 1460 |
revocable or irrevocable, between husband and wife, or parent and | 1461 |
child or the spouse of either; | 1462 |
(e) On sale for delinquent taxes or assessments; | 1463 |
(f) Pursuant to court order, to the extent that such transfer | 1464 |
is not the result of a sale effected or completed pursuant to such | 1465 |
order; | 1466 |
(g) Pursuant to a reorganization of corporations or | 1467 |
unincorporated associations or pursuant to the dissolution of a | 1468 |
corporation, to the extent that the corporation conveys the | 1469 |
property to a stockholder as a distribution in kind of the | 1470 |
corporation's assets in exchange for the stockholder's shares in | 1471 |
the dissolved corporation; | 1472 |
(h) By a subsidiary corporation to its parent corporation for | 1473 |
no consideration, nominal consideration, or in sole consideration | 1474 |
of the cancellation or surrender of the subsidiary's stock; | 1475 |
(i) By lease, whether or not it extends to mineral or mineral | 1476 |
rights, unless the lease is for a term of years renewable forever; | 1477 |
(j) When the value of the real property or the manufactured | 1478 |
or mobile home or the value of the interest that is conveyed does | 1479 |
not exceed one hundred dollars; | 1480 |
(k) Of an occupied residential property, including a | 1481 |
manufactured or mobile home, being transferred to the builder of a | 1482 |
new residence or to the dealer of a new manufactured or mobile | 1483 |
home when the former residence is traded as part of the | 1484 |
consideration for the new residence or new manufactured or mobile | 1485 |
home; | 1486 |
(l) To a grantee other than a dealer in real property or in | 1487 |
manufactured or mobile homes, solely for the purpose of, and as a | 1488 |
step in, the prompt sale of the real property or manufactured or | 1489 |
mobile home to others; | 1490 |
(m) To or from a person when no money or other valuable and | 1491 |
tangible consideration readily convertible into money is paid or | 1492 |
to be paid for the real estate or manufactured or mobile home and | 1493 |
the transaction is not a gift; | 1494 |
(n) Pursuant to division (B) of section 317.22 of the Revised | 1495 |
Code, or section 2113.61 of the Revised Code, between spouses or | 1496 |
to a surviving spouse pursuant to section 5302.17 of the Revised | 1497 |
Code as it existed prior to April 4, 1985, between persons | 1498 |
pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 1499 |
after April 4, 1985, to a person who is a surviving, survivorship | 1500 |
tenant pursuant to section 5302.17 of the Revised Code on or after | 1501 |
April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 1502 |
(o) To a trustee acting on behalf of minor children of the | 1503 |
deceased; | 1504 |
(p) Of an easement or right-of-way when the value of the | 1505 |
interest conveyed does not exceed one thousand dollars; | 1506 |
(q) Of property sold to a surviving spouse pursuant to | 1507 |
section 2106.16 of the Revised Code; | 1508 |
(r) To or from an organization exempt from federal income | 1509 |
taxation under section 501(c)(3) of the "Internal Revenue Code of | 1510 |
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 1511 |
transfer is without consideration and is in furtherance of the | 1512 |
charitable or public purposes of such organization; | 1513 |
(s) Among the heirs at law or devisees, including a surviving | 1514 |
spouse, of a common decedent, when no consideration in money is | 1515 |
paid or to be paid for the real property or manufactured or mobile | 1516 |
home; | 1517 |
(t) To a trustee of a trust, when the grantor of the trust | 1518 |
has reserved an unlimited power to revoke the trust; | 1519 |
(u) To the grantor of a trust by a trustee of the trust, when | 1520 |
the transfer is made to the grantor pursuant to the exercise of | 1521 |
the grantor's power to revoke the trust or to withdraw trust | 1522 |
assets; | 1523 |
(v) To the beneficiaries of a trust if the fee was paid on | 1524 |
the transfer from the grantor of the trust to the trustee or if | 1525 |
the transfer is made pursuant to trust provisions which became | 1526 |
irrevocable at the death of the grantor; | 1527 |
(w) To a corporation for incorporation into a sports facility | 1528 |
constructed pursuant to section 307.696 of the Revised Code; | 1529 |
(x) Between persons pursuant to section 5302.18 of the | 1530 |
Revised Code; | 1531 |
(y) From a county land reutilization corporation organized | 1532 |
under Chapter 1724. of the Revised Code, or its wholly owned | 1533 |
subsidiary, to a third party. | 1534 |
(4) For the cost of publishing the delinquent manufactured | 1535 |
home tax list, the delinquent tax list, and the delinquent vacant | 1536 |
land tax list, a flat fee, as determined by the county auditor, to | 1537 |
be charged to the owner of a home on the delinquent manufactured | 1538 |
home tax list or the property owner of land on the delinquent tax | 1539 |
list or the delinquent vacant land tax list. | 1540 |
The auditor shall compute and collect the fee. The auditor | 1541 |
shall maintain a numbered receipt system, as prescribed by the tax | 1542 |
commissioner, and use such receipt system to provide a receipt to | 1543 |
each person paying a fee. The auditor shall deposit the receipts | 1544 |
of the fees on conveyances in the county treasury daily to the | 1545 |
credit of the general fund of the county, except that fees charged | 1546 |
and received under division (G)(3) of this section for a transfer | 1547 |
of real property to a county land reutilization corporation shall | 1548 |
be credited to the county land reutilization corporation fund | 1549 |
established under section 321.263 of the Revised Code. | 1550 |
The real property transfer fee provided for in division | 1551 |
(G)(3) of this section shall be applicable to any conveyance of | 1552 |
real property presented to the auditor on or after January 1, | 1553 |
1968, regardless of its time of execution or delivery. | 1554 |
The transfer fee for a used manufactured home or used mobile | 1555 |
home shall be computed by and paid to the county auditor of the | 1556 |
county in which the home is located immediately prior to the | 1557 |
transfer. | 1558 |
(H) "Federal law enforcement officer" means any officer of | 1559 |
the United States who is authorized by federal law to conduct any | 1560 |
investigation of, and make any arrest for, any offense against the | 1561 |
United States in violation of federal law. | 1562 |
Sec. 2901.44. (A) In any criminal action involving a | 1563 |
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 1564 |
2903.22, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, | 1565 |
2907.08, 2907.09, 2911.211, 2919.22, or 2919.25 of the Revised | 1566 |
Code, upon the conviction or plea of guilty of the defendant, the | 1567 |
court shall notify in writing the victim of the offense if an | 1568 |
adult person or a parent or guardian acting on behalf of the | 1569 |
victim who is a minor, incompetent, or ward of the right of the | 1570 |
person to apply with the assistance of an application assistant to | 1571 |
the secretary of state under sections 111.31 to 111.40 of the | 1572 |
Revised Code to have an address designated by the secretary of | 1573 |
state serve as the person's address or the address of the minor, | 1574 |
incompetent, or ward. The person may apply with the assistance of | 1575 |
an application assistant to the secretary of state pursuant to | 1576 |
those sections to have an address designated by the secretary of | 1577 |
state serve as the person's address or the address of the minor, | 1578 |
incompetent, or ward. | 1579 |
(B) As used in this section: | 1580 |
(1) "Guardian," "incompetent," "parent," and "ward" have the | 1581 |
same meanings as in section 2111.01 of the Revised Code. | 1582 |
(2) "Application assistant" has the same meaning as in | 1583 |
section 111.31 of the Revised Code. | 1584 |
Sec. 2903.213. (A) Except when the complaint involves a | 1585 |
person who is a family or household member as defined in section | 1586 |
2919.25 of the Revised Code, upon the filing of a complaint that | 1587 |
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 1588 |
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 1589 |
a municipal ordinance substantially similar to section 2903.13, | 1590 |
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 1591 |
the commission of a sexually oriented offense, the complainant, | 1592 |
the alleged victim, or a family or household member of an alleged | 1593 |
victim may file a motion that requests the issuance of a | 1594 |
protection order as a pretrial condition of release of the alleged | 1595 |
offender, in addition to any bail set under Criminal Rule 46. The | 1596 |
motion shall be filed with the clerk of the court that has | 1597 |
jurisdiction of the case at any time after the filing of the | 1598 |
complaint. If the complaint involves a person who is a family or | 1599 |
household member, the complainant, the alleged victim, or the | 1600 |
family or household member may file a motion for a temporary | 1601 |
protection order pursuant to section 2919.26 of the Revised Code. | 1602 |
(B) A motion for a protection order under this section shall | 1603 |
be prepared on a form that is provided by the clerk of the court, | 1604 |
and the form shall be substantially as follows: | 1605 |
1606 | |
1607 | |
1608 | |
State of Ohio | 1609 |
v. | No. .......... | 1610 |
............................. | 1611 |
Name of Defendant | 1612 |
(Name of person), moves the court to issue a protection order | 1613 |
containing terms designed to ensure the safety and protection of | 1614 |
the complainant or the alleged victim in the above-captioned case, | 1615 |
in relation to the named defendant, pursuant to its authority to | 1616 |
issue a protection order under section 2903.213 of the Revised | 1617 |
Code. | 1618 |
A complaint, a copy of which has been attached to this | 1619 |
motion, has been filed in this court charging the named defendant | 1620 |
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 1621 |
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 1622 |
a municipal ordinance substantially similar to section 2903.13, | 1623 |
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 1624 |
the commission of a sexually oriented offense. | 1625 |
I understand that I must appear before the court, at a time | 1626 |
set by the court not later than the next day that the court is in | 1627 |
session after the filing of this motion, for a hearing on the | 1628 |
motion, and that any protection order granted pursuant to this | 1629 |
motion is a pretrial condition of release and is effective only | 1630 |
until the disposition of the criminal proceeding arising out of | 1631 |
the attached complaint or until the issuance under section | 1632 |
2903.214 of the Revised Code of a protection order arising out of | 1633 |
the same activities as those that were the basis of the attached | 1634 |
complaint. | 1635 |
..................................... | 1636 |
Signature of person | 1637 |
..................................... | 1638 |
Address of person" | 1639 |
(C)(1) As soon as possible after the filing of a motion that | 1640 |
requests the issuance of a protection order under this section, | 1641 |
but not later than the next day that the court is in session after | 1642 |
the filing of the motion, the court shall conduct a hearing to | 1643 |
determine whether to issue the order. The person who requested the | 1644 |
order shall appear before the court and provide the court with the | 1645 |
information that it requests concerning the basis of the motion. | 1646 |
If the court finds that the safety and protection of the | 1647 |
complainant or the alleged victim may be impaired by the continued | 1648 |
presence of the alleged offender, the court may issue a protection | 1649 |
order under this section, as a pretrial condition of release, that | 1650 |
contains terms designed to ensure the safety and protection of the | 1651 |
complainant or the alleged victim, including a requirement that | 1652 |
the alleged offender refrain from entering the residence, school, | 1653 |
business, or place of employment of the complainant or the alleged | 1654 |
victim. | 1655 |
(2)(a) If the court issues a protection order under this | 1656 |
section that includes a requirement that the alleged offender | 1657 |
refrain from entering the residence, school, business, or place of | 1658 |
employment of the complainant or the alleged victim, the order | 1659 |
shall clearly state that the order cannot be waived or nullified | 1660 |
by an invitation to the alleged offender from the complainant, the | 1661 |
alleged victim, or a family or household member to enter the | 1662 |
residence, school, business, or place of employment or by the | 1663 |
alleged offender's entry into one of those places otherwise upon | 1664 |
the consent of the complainant, the alleged victim, or a family or | 1665 |
household member. | 1666 |
(b) Division (C)(2)(a) of this section does not limit any | 1667 |
discretion of a court to determine that an alleged offender | 1668 |
charged with a violation of section 2919.27 of the Revised Code, | 1669 |
with a violation of a municipal ordinance substantially equivalent | 1670 |
to that section, or with contempt of court, which charge is based | 1671 |
on an alleged violation of a protection order issued under this | 1672 |
section, did not commit the violation or was not in contempt of | 1673 |
court. | 1674 |
(D)(1) Except when the complaint involves a person who is a | 1675 |
family or household member as defined in section 2919.25 of the | 1676 |
Revised Code, upon the filing of a complaint that alleges a | 1677 |
violation specified in division (A) of this section, the court, | 1678 |
upon its own motion, may issue a protection order under this | 1679 |
section as a pretrial condition of release of the alleged offender | 1680 |
if it finds that the safety and protection of the complainant or | 1681 |
the alleged victim may be impaired by the continued presence of | 1682 |
the alleged offender. | 1683 |
(2) If the court issues a protection order under this section | 1684 |
as an ex parte order, it shall conduct, as soon as possible after | 1685 |
the issuance of the order but not later than the next day that the | 1686 |
court is in session after its issuance, a hearing to determine | 1687 |
whether the order should remain in effect, be modified, or be | 1688 |
revoked. The hearing shall be conducted under the standards set | 1689 |
forth in division (C) of this section. | 1690 |
(3) If a municipal court or a county court issues a | 1691 |
protection order under this section and if, subsequent to the | 1692 |
issuance of the order, the alleged offender who is the subject of | 1693 |
the order is bound over to the court of common pleas for | 1694 |
prosecution of a felony arising out of the same activities as | 1695 |
those that were the basis of the complaint upon which the order is | 1696 |
based, notwithstanding the fact that the order was issued by a | 1697 |
municipal court or county court, the order shall remain in effect, | 1698 |
as though it were an order of the court of common pleas, while the | 1699 |
charges against the alleged offender are pending in the court of | 1700 |
common pleas, for the period of time described in division (E)(2) | 1701 |
of this section, and the court of common pleas has exclusive | 1702 |
jurisdiction to modify the order issued by the municipal court or | 1703 |
county court. This division applies when the alleged offender is | 1704 |
bound over to the court of common pleas as a result of the person | 1705 |
waiving a preliminary hearing on the felony charge, as a result of | 1706 |
the municipal court or county court having determined at a | 1707 |
preliminary hearing that there is probable cause to believe that | 1708 |
the felony has been committed and that the alleged offender | 1709 |
committed it, as a result of the alleged offender having been | 1710 |
indicted for the felony, or in any other manner. | 1711 |
(E) A protection order that is issued as a pretrial condition | 1712 |
of release under this section: | 1713 |
(1) Is in addition to, but shall not be construed as a part | 1714 |
of, any bail set under Criminal Rule 46; | 1715 |
(2) Is effective only until the disposition, by the court | 1716 |
that issued the order or, in the circumstances described in | 1717 |
division (D)(3) of this section, by the court of common pleas to | 1718 |
which the alleged offender is bound over for prosecution, of the | 1719 |
criminal proceeding arising out of the complaint upon which the | 1720 |
order is based or until the issuance under section 2903.214 of the | 1721 |
Revised Code of a protection order arising out of the same | 1722 |
activities as those that were the basis of the complaint filed | 1723 |
under this section; | 1724 |
(3) Shall not be construed as a finding that the alleged | 1725 |
offender committed the alleged offense and shall not be introduced | 1726 |
as evidence of the commission of the offense at the trial of the | 1727 |
alleged offender on the complaint upon which the order is based. | 1728 |
(F) A person who meets the criteria for bail under Criminal | 1729 |
Rule 46 and who, if required to do so pursuant to that rule, | 1730 |
executes or posts bond or deposits cash or securities as bail, | 1731 |
shall not be held in custody pending a hearing before the court on | 1732 |
a motion requesting a protection order under this section. | 1733 |
(G)(1) A copy of a protection order that is issued under this | 1734 |
section shall be issued by the court to the complainant, to the | 1735 |
alleged victim, to the person who requested the order, to the | 1736 |
defendant, and to all law enforcement agencies that have | 1737 |
jurisdiction to enforce the order. The court shall direct that a | 1738 |
copy of the order be delivered to the defendant on the same day | 1739 |
that the order is entered. If a municipal court or a county court | 1740 |
issues a protection order under this section and if, subsequent to | 1741 |
the issuance of the order, the defendant who is the subject of the | 1742 |
order is bound over to the court of common pleas for prosecution | 1743 |
as described in division (D)(3) of this section, the municipal | 1744 |
court or county court shall direct that a copy of the order be | 1745 |
delivered to the court of common pleas to which the defendant is | 1746 |
bound over. | 1747 |
(2) All law enforcement agencies shall establish and maintain | 1748 |
an index for the protection orders delivered to the agencies | 1749 |
pursuant to division (G)(1) of this section. With respect to each | 1750 |
order delivered, each agency shall note on the index the date and | 1751 |
time of the agency's receipt of the order. | 1752 |
(3) Regardless of whether the petitioner has registered the | 1753 |
protection order in the county in which the officer's agency has | 1754 |
jurisdiction, any officer of a law enforcement agency shall | 1755 |
enforce a protection order issued pursuant to this section in | 1756 |
accordance with the provisions of the order. | 1757 |
(H) Upon a violation of a protection order issued pursuant to | 1758 |
this section, the court may issue another protection order under | 1759 |
this section, as a pretrial condition of release, that modifies | 1760 |
the terms of the order that was violated. | 1761 |
(I)(1) Subject to division (I)(2) of this section and | 1762 |
regardless of whether a protection order is issued or a consent | 1763 |
agreement is approved by a court of another county or by a court | 1764 |
of another state, no court or unit of state or local government | 1765 |
shall charge the movant any fee, cost, deposit, or money in | 1766 |
connection with the filing of a motion pursuant to this section, | 1767 |
in connection with the filing, issuance, registration, | 1768 |
modification, enforcement, dismissal, withdrawal, or service of a | 1769 |
protection order, consent agreement, or witness subpoena or for | 1770 |
obtaining certified copies of a protection order or consent | 1771 |
agreement. | 1772 |
(2) Regardless of whether a protection order is issued or a | 1773 |
consent agreement is approved pursuant to this section, if the | 1774 |
defendant is convicted the court may assess costs against the | 1775 |
defendant in connection with the filing, issuance, registration, | 1776 |
modification, enforcement, dismissal, withdrawal, or service of a | 1777 |
protection order, consent agreement, or witness subpoena or for | 1778 |
obtaining a certified copy of a protection order or consent | 1779 |
agreement. | 1780 |
(J) Upon the issuance of a protection order under this | 1781 |
section, the court shall notify in writing the person who filed | 1782 |
the motion for the issuance of the order of the right of the | 1783 |
person to apply with the assistance of an application assistant to | 1784 |
the secretary of state under sections 111.31 to 111.40 of the | 1785 |
Revised Code to have an address designated by the secretary of | 1786 |
state serve as the person's address or the address of the person | 1787 |
on whose behalf the protection order was issued. The person who | 1788 |
filed the motion for the issuance of the protection order may | 1789 |
apply with the assistance of an application assistant to the | 1790 |
secretary of state pursuant to those sections to have an address | 1791 |
designated by the secretary of state serve as the person's address | 1792 |
or the address of the person on whose behalf the protection order | 1793 |
was issued. | 1794 |
(K) As used in this section | 1795 |
(1) "Sexually oriented offense" has the same meaning as in | 1796 |
section 2950.01 of the Revised Code. | 1797 |
(2) "Application assistant" has the same meaning as in | 1798 |
section 111.31 of the Revised Code. | 1799 |
Sec. 2903.214. (A) As used in this section: | 1800 |
(1) "Court" means the court of common pleas of the county in | 1801 |
which the person to be protected by the protection order resides. | 1802 |
(2) "Victim advocate" means a person who provides support and | 1803 |
assistance for a person who files a petition under this section. | 1804 |
(3) "Family or household member" has the same meaning as in | 1805 |
section 3113.31 of the Revised Code. | 1806 |
(4) "Protection order issued by a court of another state" has | 1807 |
the same meaning as in section 2919.27 of the Revised Code. | 1808 |
(5) "Sexually oriented offense" has the same meaning as in | 1809 |
section 2950.01 of the Revised Code. | 1810 |
(6) "Electronic monitoring" has the same meaning as in | 1811 |
section 2929.01 of the Revised Code. | 1812 |
(B) The court has jurisdiction over all proceedings under | 1813 |
this section. | 1814 |
(C) A person may seek relief under this section for the | 1815 |
person, or any parent or adult household member may seek relief | 1816 |
under this section on behalf of any other family or household | 1817 |
member, by filing a petition with the court. The petition shall | 1818 |
contain or state all of the following: | 1819 |
(1) An allegation that the respondent is eighteen years of | 1820 |
age or older and engaged in a violation of section 2903.211 of the | 1821 |
Revised Code against the person to be protected by the protection | 1822 |
order or committed a sexually oriented offense against the person | 1823 |
to be protected by the protection order, including a description | 1824 |
of the nature and extent of the violation; | 1825 |
(2) If the petitioner seeks relief in the form of electronic | 1826 |
monitoring of the respondent, an allegation that at any time | 1827 |
preceding the filing of the petition the respondent engaged in | 1828 |
conduct that would cause a reasonable person to believe that the | 1829 |
health, welfare, or safety of the person to be protected was at | 1830 |
risk, a description of the nature and extent of that conduct, and | 1831 |
an allegation that the respondent presents a continuing danger to | 1832 |
the person to be protected; | 1833 |
(3) A request for relief under this section. | 1834 |
(D)(1) If a person who files a petition pursuant to this | 1835 |
section requests an ex parte order, the court shall hold an ex | 1836 |
parte hearing as soon as possible after the petition is filed, but | 1837 |
not later than the next day that the court is in session after the | 1838 |
petition is filed. The court, for good cause shown at the ex parte | 1839 |
hearing, may enter any temporary orders, with or without bond, | 1840 |
that the court finds necessary for the safety and protection of | 1841 |
the person to be protected by the order. Immediate and present | 1842 |
danger to the person to be protected by the protection order | 1843 |
constitutes good cause for purposes of this section. Immediate and | 1844 |
present danger includes, but is not limited to, situations in | 1845 |
which the respondent has threatened the person to be protected by | 1846 |
the protection order with bodily harm or in which the respondent | 1847 |
previously has been convicted of or pleaded guilty to a violation | 1848 |
of section 2903.211 of the Revised Code or a sexually oriented | 1849 |
offense against the person to be protected by the protection | 1850 |
order. | 1851 |
(2)(a) If the court, after an ex parte hearing, issues a | 1852 |
protection order described in division (E) of this section, the | 1853 |
court shall schedule a full hearing for a date that is within ten | 1854 |
court days after the ex parte hearing. The court shall give the | 1855 |
respondent notice of, and an opportunity to be heard at, the full | 1856 |
hearing. The court shall hold the full hearing on the date | 1857 |
scheduled under this division unless the court grants a | 1858 |
continuance of the hearing in accordance with this division. Under | 1859 |
any of the following circumstances or for any of the following | 1860 |
reasons, the court may grant a continuance of the full hearing to | 1861 |
a reasonable time determined by the court: | 1862 |
(i) Prior to the date scheduled for the full hearing under | 1863 |
this division, the respondent has not been served with the | 1864 |
petition filed pursuant to this section and notice of the full | 1865 |
hearing. | 1866 |
(ii) The parties consent to the continuance. | 1867 |
(iii) The continuance is needed to allow a party to obtain | 1868 |
counsel. | 1869 |
(iv) The continuance is needed for other good cause. | 1870 |
(b) An ex parte order issued under this section does not | 1871 |
expire because of a failure to serve notice of the full hearing | 1872 |
upon the respondent before the date set for the full hearing under | 1873 |
division (D)(2)(a) of this section or because the court grants a | 1874 |
continuance under that division. | 1875 |
(3) If a person who files a petition pursuant to this section | 1876 |
does not request an ex parte order, or if a person requests an ex | 1877 |
parte order but the court does not issue an ex parte order after | 1878 |
an ex parte hearing, the court shall proceed as in a normal civil | 1879 |
action and grant a full hearing on the matter. | 1880 |
(E)(1)(a) After an ex parte or full hearing, the court may | 1881 |
issue any protection order, with or without bond, that contains | 1882 |
terms designed to ensure the safety and protection of the person | 1883 |
to be protected by the protection order, including, but not | 1884 |
limited to, a requirement that the respondent refrain from | 1885 |
entering the residence, school, business, or place of employment | 1886 |
of the petitioner or family or household member. If the court | 1887 |
includes a requirement that the respondent refrain from entering | 1888 |
the residence, school, business, or place of employment of the | 1889 |
petitioner or family or household member in the order, it also | 1890 |
shall include in the order provisions of the type described in | 1891 |
division (E)(5) of this section. | 1892 |
(b) After a full hearing, if the court considering a petition | 1893 |
that includes an allegation of the type described in division | 1894 |
(C)(2) of this section, or the court upon its own motion, finds | 1895 |
upon clear and convincing evidence that the petitioner reasonably | 1896 |
believed that the respondent's conduct at any time preceding the | 1897 |
filing of the petition endangered the health, welfare, or safety | 1898 |
of the person to be protected and that the respondent presents a | 1899 |
continuing danger to the person to be protected, the court may | 1900 |
order that the respondent be electronically monitored for a period | 1901 |
of time and under the terms and conditions that the court | 1902 |
determines are appropriate. Electronic monitoring shall be in | 1903 |
addition to any other relief granted to the petitioner. | 1904 |
(2)(a) Any protection order issued pursuant to this section | 1905 |
shall be valid until a date certain but not later than five years | 1906 |
from the date of its issuance. | 1907 |
(b) Any protection order issued pursuant to this section may | 1908 |
be renewed in the same manner as the original order was issued. | 1909 |
(3) A court may not issue a protection order that requires a | 1910 |
petitioner to do or to refrain from doing an act that the court | 1911 |
may require a respondent to do or to refrain from doing under | 1912 |
division (E)(1) of this section unless all of the following apply: | 1913 |
(a) The respondent files a separate petition for a protection | 1914 |
order in accordance with this section. | 1915 |
(b) The petitioner is served with notice of the respondent's | 1916 |
petition at least forty-eight hours before the court holds a | 1917 |
hearing with respect to the respondent's petition, or the | 1918 |
petitioner waives the right to receive this notice. | 1919 |
(c) If the petitioner has requested an ex parte order | 1920 |
pursuant to division (D) of this section, the court does not delay | 1921 |
any hearing required by that division beyond the time specified in | 1922 |
that division in order to consolidate the hearing with a hearing | 1923 |
on the petition filed by the respondent. | 1924 |
(d) After a full hearing at which the respondent presents | 1925 |
evidence in support of the request for a protection order and the | 1926 |
petitioner is afforded an opportunity to defend against that | 1927 |
evidence, the court determines that the petitioner has committed a | 1928 |
violation of section 2903.211 of the Revised Code against the | 1929 |
person to be protected by the protection order issued pursuant to | 1930 |
division (E)(3) of this section, has committed a sexually oriented | 1931 |
offense against the person to be protected by the protection order | 1932 |
issued pursuant to division (E)(3) of this section, or has | 1933 |
violated a protection order issued pursuant to section 2903.213 of | 1934 |
the Revised Code relative to the person to be protected by the | 1935 |
protection order issued pursuant to division (E)(3) of this | 1936 |
section. | 1937 |
(4) No protection order issued pursuant to this section shall | 1938 |
in any manner affect title to any real property. | 1939 |
(5)(a) If the court issues a protection order under this | 1940 |
section that includes a requirement that the alleged offender | 1941 |
refrain from entering the residence, school, business, or place of | 1942 |
employment of the petitioner or a family or household member, the | 1943 |
order shall clearly state that the order cannot be waived or | 1944 |
nullified by an invitation to the alleged offender from the | 1945 |
complainant to enter the residence, school, business, or place of | 1946 |
employment or by the alleged offender's entry into one of those | 1947 |
places otherwise upon the consent of the petitioner or family or | 1948 |
household member. | 1949 |
(b) Division (E)(5)(a) of this section does not limit any | 1950 |
discretion of a court to determine that an alleged offender | 1951 |
charged with a violation of section 2919.27 of the Revised Code, | 1952 |
with a violation of a municipal ordinance substantially equivalent | 1953 |
to that section, or with contempt of court, which charge is based | 1954 |
on an alleged violation of a protection order issued under this | 1955 |
section, did not commit the violation or was not in contempt of | 1956 |
court. | 1957 |
(F)(1) The court shall cause the delivery of a copy of any | 1958 |
protection order that is issued under this section to the | 1959 |
petitioner, to the respondent, and to all law enforcement agencies | 1960 |
that have jurisdiction to enforce the order. The court shall | 1961 |
direct that a copy of the order be delivered to the respondent on | 1962 |
the same day that the order is entered. | 1963 |
(2) Upon the issuance of a protection order under this | 1964 |
section, the court shall provide the parties to the order with the | 1965 |
following notice orally or by form: | 1966 |
1967 | |
As a result of this order, it may be unlawful for you to | 1968 |
possess or purchase a firearm, including a rifle, pistol, or | 1969 |
revolver, or ammunition pursuant to federal law under 18 U.S.C. | 1970 |
922(g)(8). If you have any questions whether this law makes it | 1971 |
illegal for you to possess or purchase a firearm or ammunition, | 1972 |
you should consult an attorney." | 1973 |
(3) All law enforcement agencies shall establish and maintain | 1974 |
an index for the protection orders delivered to the agencies | 1975 |
pursuant to division (F)(1) of this section. With respect to each | 1976 |
order delivered, each agency shall note on the index the date and | 1977 |
time that it received the order. | 1978 |
(4) Regardless of whether the petitioner has registered the | 1979 |
protection order in the county in which the officer's agency has | 1980 |
jurisdiction pursuant to division (M) of this section, any officer | 1981 |
of a law enforcement agency shall enforce a protection order | 1982 |
issued pursuant to this section by any court in this state in | 1983 |
accordance with the provisions of the order, including removing | 1984 |
the respondent from the premises, if appropriate. | 1985 |
(G) Any proceeding under this section shall be conducted in | 1986 |
accordance with the Rules of Civil Procedure, except that a | 1987 |
protection order may be obtained under this section with or | 1988 |
without bond. An order issued under this section, other than an ex | 1989 |
parte order, that grants a protection order, or that refuses to | 1990 |
grant a protection order, is a final, appealable order. The | 1991 |
remedies and procedures provided in this section are in addition | 1992 |
to, and not in lieu of, any other available civil or criminal | 1993 |
remedies. | 1994 |
(H) The filing of proceedings under this section does not | 1995 |
excuse a person from filing any report or giving any notice | 1996 |
required by section 2151.421 of the Revised Code or by any other | 1997 |
law. | 1998 |
(I) Any law enforcement agency that investigates an alleged | 1999 |
violation of section 2903.211 of the Revised Code or an alleged | 2000 |
commission of a sexually oriented offense shall provide | 2001 |
information to the victim and the family or household members of | 2002 |
the victim regarding the relief available under this section and | 2003 |
section 2903.213 of the Revised Code. | 2004 |
(J)(1) Subject to division (J)(2) of this section and | 2005 |
regardless of whether a protection order is issued or a consent | 2006 |
agreement is approved by a court of another county or by a court | 2007 |
of another state, no court or unit of state or local government | 2008 |
shall charge the petitioner any fee, cost, deposit, or money in | 2009 |
connection with the filing of a petition pursuant to this section, | 2010 |
in connection with the filing, issuance, registration, | 2011 |
modification, enforcement, dismissal, withdrawal, or service of a | 2012 |
protection order, consent agreement, or witness subpoena or for | 2013 |
obtaining a certified copy of a protection order or consent | 2014 |
agreement. | 2015 |
(2) Regardless of whether a protection order is issued or a | 2016 |
consent agreement is approved pursuant to this section, the court | 2017 |
may assess costs against the respondent in connection with the | 2018 |
filing, issuance, registration, modification, enforcement, | 2019 |
dismissal, withdrawal, or service of a protection order, consent | 2020 |
agreement, or witness subpoena or for obtaining a certified copy | 2021 |
of a protection order or consent agreement. | 2022 |
(K)(1) A person who violates a protection order issued under | 2023 |
this section is subject to the following sanctions: | 2024 |
(a) Criminal prosecution for a violation of section 2919.27 | 2025 |
of the Revised Code, if the violation of the protection order | 2026 |
constitutes a violation of that section; | 2027 |
(b) Punishment for contempt of court. | 2028 |
(2) The punishment of a person for contempt of court for | 2029 |
violation of a protection order issued under this section does not | 2030 |
bar criminal prosecution of the person for a violation of section | 2031 |
2919.27 of the Revised Code. However, a person punished for | 2032 |
contempt of court is entitled to credit for the punishment imposed | 2033 |
upon conviction of a violation of that section, and a person | 2034 |
convicted of a violation of that section shall not subsequently be | 2035 |
punished for contempt of court arising out of the same activity. | 2036 |
(L) In all stages of a proceeding under this section, a | 2037 |
petitioner may be accompanied by a victim advocate. | 2038 |
(M)(1) A petitioner who obtains a protection order under this | 2039 |
section or a protection order under section 2903.213 of the | 2040 |
Revised Code may provide notice of the issuance or approval of the | 2041 |
order to the judicial and law enforcement officials in any county | 2042 |
other than the county in which the order is issued by registering | 2043 |
that order in the other county pursuant to division (M)(2) of this | 2044 |
section and filing a copy of the registered order with a law | 2045 |
enforcement agency in the other county in accordance with that | 2046 |
division. A person who obtains a protection order issued by a | 2047 |
court of another state may provide notice of the issuance of the | 2048 |
order to the judicial and law enforcement officials in any county | 2049 |
of this state by registering the order in that county pursuant to | 2050 |
section 2919.272 of the Revised Code and filing a copy of the | 2051 |
registered order with a law enforcement agency in that county. | 2052 |
(2) A petitioner may register a protection order issued | 2053 |
pursuant to this section or section 2903.213 of the Revised Code | 2054 |
in a county other than the county in which the court that issued | 2055 |
the order is located in the following manner: | 2056 |
(a) The petitioner shall obtain a certified copy of the order | 2057 |
from the clerk of the court that issued the order and present that | 2058 |
certified copy to the clerk of the court of common pleas or the | 2059 |
clerk of a municipal court or county court in the county in which | 2060 |
the order is to be registered. | 2061 |
(b) Upon accepting the certified copy of the order for | 2062 |
registration, the clerk of the court of common pleas, municipal | 2063 |
court, or county court shall place an endorsement of registration | 2064 |
on the order and give the petitioner a copy of the order that | 2065 |
bears that proof of registration. | 2066 |
(3) The clerk of each court of common pleas, municipal court, | 2067 |
or county court shall maintain a registry of certified copies of | 2068 |
protection orders that have been issued by courts in other | 2069 |
counties pursuant to this section or section 2903.213 of the | 2070 |
Revised Code and that have been registered with the clerk. | 2071 |
(N)(1) If the court orders electronic monitoring of the | 2072 |
respondent under this section, the court shall direct the | 2073 |
sheriff's office or any other appropriate law enforcement agency | 2074 |
to install the electronic monitoring device and to monitor the | 2075 |
respondent. Unless the court determines that the respondent is | 2076 |
indigent, the court shall order the respondent to pay the cost of | 2077 |
the installation and monitoring of the electronic monitoring | 2078 |
device. If the court determines that the respondent is indigent | 2079 |
and subject to the maximum amount allowable to be paid in any year | 2080 |
from the fund and the rules promulgated by the attorney general | 2081 |
under division (N)(2) of this section, the cost of the | 2082 |
installation and monitoring of the electronic monitoring device | 2083 |
may be paid out of funds from the reparations fund created | 2084 |
pursuant to section 2743.191 of the Revised Code. The total amount | 2085 |
of costs for the installation and monitoring of electronic | 2086 |
monitoring devices paid pursuant to this division and sections | 2087 |
2151.34 and 2919.27 of the Revised Code from the reparations fund | 2088 |
shall not exceed three hundred thousand dollars per year. | 2089 |
(2) The attorney general may promulgate rules pursuant to | 2090 |
section 111.15 of the Revised Code to govern payments made from | 2091 |
the reparations fund pursuant to this division and sections | 2092 |
2151.34 and 2919.27 of the Revised Code. The rules may include | 2093 |
reasonable limits on the total cost paid pursuant to this division | 2094 |
and sections 2151.34 and 2919.27 of the Revised Code per | 2095 |
respondent, the amount of the three hundred thousand dollars | 2096 |
allocated to each county, and how invoices may be submitted by a | 2097 |
county, court, or other entity. | 2098 |
(O)(1) Upon the issuance of a protection order under this | 2099 |
section, the court shall notify the petitioner in writing of the | 2100 |
right of the petitioner to apply with the assistance of an | 2101 |
application assistant to the secretary of state under sections | 2102 |
111.31 to 111.40 of the Revised Code to have an address designated | 2103 |
by the secretary of state serve as the petitioner's address or the | 2104 |
address of the person on whose behalf the protection order was | 2105 |
issued. The petitioner may apply with the assistance of an | 2106 |
application assistant to the secretary of state pursuant to those | 2107 |
sections to have an address designated by the secretary of state | 2108 |
serve as the petitioner's address or the address of the person on | 2109 |
whose behalf the protection order was issued. | 2110 |
(2) As used in division (O)(1) of this section, "application | 2111 |
assistant" has the same meaning as in section 111.31 of the | 2112 |
Revised Code. | 2113 |
Sec. 3113.31. (A) As used in this section: | 2114 |
(1) "Domestic violence" means the occurrence of one or more | 2115 |
of the following acts against a family or household member: | 2116 |
(a) Attempting to cause or recklessly causing bodily injury; | 2117 |
(b) Placing another person by the threat of force in fear of | 2118 |
imminent serious physical harm or committing a violation of | 2119 |
section 2903.211 or 2911.211 of the Revised Code; | 2120 |
(c) Committing any act with respect to a child that would | 2121 |
result in the child being an abused child, as defined in section | 2122 |
2151.031 of the Revised Code; | 2123 |
(d) Committing a sexually oriented offense. | 2124 |
(2) "Court" means the domestic relations division of the | 2125 |
court of common pleas in counties that have a domestic relations | 2126 |
division and the court of common pleas in counties that do not | 2127 |
have a domestic relations division, or the juvenile division of | 2128 |
the court of common pleas of the county in which the person to be | 2129 |
protected by a protection order issued or a consent agreement | 2130 |
approved under this section resides if the respondent is less than | 2131 |
eighteen years of age. | 2132 |
(3) "Family or household member" means any of the following: | 2133 |
(a) Any of the following who is residing with or has resided | 2134 |
with the respondent: | 2135 |
(i) A spouse, a person living as a spouse, or a former spouse | 2136 |
of the respondent; | 2137 |
(ii) A parent, a foster parent, or a child of the respondent, | 2138 |
or another person related by consanguinity or affinity to the | 2139 |
respondent; | 2140 |
(iii) A parent or a child of a spouse, person living as a | 2141 |
spouse, or former spouse of the respondent, or another person | 2142 |
related by consanguinity or affinity to a spouse, person living as | 2143 |
a spouse, or former spouse of the respondent. | 2144 |
(b) The natural parent of any child of whom the respondent is | 2145 |
the other natural parent or is the putative other natural parent. | 2146 |
(4) "Person living as a spouse" means a person who is living | 2147 |
or has lived with the respondent in a common law marital | 2148 |
relationship, who otherwise is cohabiting with the respondent, or | 2149 |
who otherwise has cohabited with the respondent within five years | 2150 |
prior to the date of the alleged occurrence of the act in | 2151 |
question. | 2152 |
(5) "Victim advocate" means a person who provides support and | 2153 |
assistance for a person who files a petition under this section. | 2154 |
(6) "Sexually oriented offense" has the same meaning as in | 2155 |
section 2950.01 of the Revised Code. | 2156 |
(B) The court has jurisdiction over all proceedings under | 2157 |
this section. The petitioner's right to relief under this section | 2158 |
is not affected by the petitioner's leaving the residence or | 2159 |
household to avoid further domestic violence. | 2160 |
(C) A person may seek relief under this section on the | 2161 |
person's own behalf, or any parent or adult household member may | 2162 |
seek relief under this section on behalf of any other family or | 2163 |
household member, by filing a petition with the court. The | 2164 |
petition shall contain or state: | 2165 |
(1) An allegation that the respondent engaged in domestic | 2166 |
violence against a family or household member of the respondent, | 2167 |
including a description of the nature and extent of the domestic | 2168 |
violence; | 2169 |
(2) The relationship of the respondent to the petitioner, and | 2170 |
to the victim if other than the petitioner; | 2171 |
(3) A request for relief under this section. | 2172 |
(D)(1) If a person who files a petition pursuant to this | 2173 |
section requests an ex parte order, the court shall hold an ex | 2174 |
parte hearing on the same day that the petition is filed. The | 2175 |
court, for good cause shown at the ex parte hearing, may enter any | 2176 |
temporary orders, with or without bond, including, but not limited | 2177 |
to, an order described in division (E)(1)(a), (b), or (c) of this | 2178 |
section, that the court finds necessary to protect the family or | 2179 |
household member from domestic violence. Immediate and present | 2180 |
danger of domestic violence to the family or household member | 2181 |
constitutes good cause for purposes of this section. Immediate and | 2182 |
present danger includes, but is not limited to, situations in | 2183 |
which the respondent has threatened the family or household member | 2184 |
with bodily harm, in which the respondent has threatened the | 2185 |
family or household member with a sexually oriented offense, or in | 2186 |
which the respondent previously has been convicted of, pleaded | 2187 |
guilty to, or been adjudicated a delinquent child for an offense | 2188 |
that constitutes domestic violence against the family or household | 2189 |
member. | 2190 |
(2)(a) If the court, after an ex parte hearing, issues an | 2191 |
order described in division (E)(1)(b) or (c) of this section, the | 2192 |
court shall schedule a full hearing for a date that is within | 2193 |
seven court days after the ex parte hearing. If any other type of | 2194 |
protection order that is authorized under division (E) of this | 2195 |
section is issued by the court after an ex parte hearing, the | 2196 |
court shall schedule a full hearing for a date that is within ten | 2197 |
court days after the ex parte hearing. The court shall give the | 2198 |
respondent notice of, and an opportunity to be heard at, the full | 2199 |
hearing. The court shall hold the full hearing on the date | 2200 |
scheduled under this division unless the court grants a | 2201 |
continuance of the hearing in accordance with this division. Under | 2202 |
any of the following circumstances or for any of the following | 2203 |
reasons, the court may grant a continuance of the full hearing to | 2204 |
a reasonable time determined by the court: | 2205 |
(i) Prior to the date scheduled for the full hearing under | 2206 |
this division, the respondent has not been served with the | 2207 |
petition filed pursuant to this section and notice of the full | 2208 |
hearing. | 2209 |
(ii) The parties consent to the continuance. | 2210 |
(iii) The continuance is needed to allow a party to obtain | 2211 |
counsel. | 2212 |
(iv) The continuance is needed for other good cause. | 2213 |
(b) An ex parte order issued under this section does not | 2214 |
expire because of a failure to serve notice of the full hearing | 2215 |
upon the respondent before the date set for the full hearing under | 2216 |
division (D)(2)(a) of this section or because the court grants a | 2217 |
continuance under that division. | 2218 |
(3) If a person who files a petition pursuant to this section | 2219 |
does not request an ex parte order, or if a person requests an ex | 2220 |
parte order but the court does not issue an ex parte order after | 2221 |
an ex parte hearing, the court shall proceed as in a normal civil | 2222 |
action and grant a full hearing on the matter. | 2223 |
(E)(1) After an ex parte or full hearing, the court may grant | 2224 |
any protection order, with or without bond, or approve any consent | 2225 |
agreement to bring about a cessation of domestic violence against | 2226 |
the family or household members. The order or agreement may: | 2227 |
(a) Direct the respondent to refrain from abusing or from | 2228 |
committing sexually oriented offenses against the family or | 2229 |
household members; | 2230 |
(b) Grant possession of the residence or household to the | 2231 |
petitioner or other family or household member, to the exclusion | 2232 |
of the respondent, by evicting the respondent, when the residence | 2233 |
or household is owned or leased solely by the petitioner or other | 2234 |
family or household member, or by ordering the respondent to | 2235 |
vacate the premises, when the residence or household is jointly | 2236 |
owned or leased by the respondent, and the petitioner or other | 2237 |
family or household member; | 2238 |
(c) When the respondent has a duty to support the petitioner | 2239 |
or other family or household member living in the residence or | 2240 |
household and the respondent is the sole owner or lessee of the | 2241 |
residence or household, grant possession of the residence or | 2242 |
household to the petitioner or other family or household member, | 2243 |
to the exclusion of the respondent, by ordering the respondent to | 2244 |
vacate the premises, or, in the case of a consent agreement, allow | 2245 |
the respondent to provide suitable, alternative housing; | 2246 |
(d) Temporarily allocate parental rights and responsibilities | 2247 |
for the care of, or establish temporary parenting time rights with | 2248 |
regard to, minor children, if no other court has determined, or is | 2249 |
determining, the allocation of parental rights and | 2250 |
responsibilities for the minor children or parenting time rights; | 2251 |
(e) Require the respondent to maintain support, if the | 2252 |
respondent customarily provides for or contributes to the support | 2253 |
of the family or household member, or if the respondent has a duty | 2254 |
to support the petitioner or family or household member; | 2255 |
(f) Require the respondent, petitioner, victim of domestic | 2256 |
violence, or any combination of those persons, to seek counseling; | 2257 |
(g) Require the respondent to refrain from entering the | 2258 |
residence, school, business, or place of employment of the | 2259 |
petitioner or family or household member; | 2260 |
(h) Grant other relief that the court considers equitable and | 2261 |
fair, including, but not limited to, ordering the respondent to | 2262 |
permit the use of a motor vehicle by the petitioner or other | 2263 |
family or household member and the apportionment of household and | 2264 |
family personal property. | 2265 |
(2) If a protection order has been issued pursuant to this | 2266 |
section in a prior action involving the respondent and the | 2267 |
petitioner or one or more of the family or household members or | 2268 |
victims, the court may include in a protection order that it | 2269 |
issues a prohibition against the respondent returning to the | 2270 |
residence or household. If it includes a prohibition against the | 2271 |
respondent returning to the residence or household in the order, | 2272 |
it also shall include in the order provisions of the type | 2273 |
described in division (E)(7) of this section. This division does | 2274 |
not preclude the court from including in a protection order or | 2275 |
consent agreement, in circumstances other than those described in | 2276 |
this division, a requirement that the respondent be evicted from | 2277 |
or vacate the residence or household or refrain from entering the | 2278 |
residence, school, business, or place of employment of the | 2279 |
petitioner or a family or household member, and, if the court | 2280 |
includes any requirement of that type in an order or agreement, | 2281 |
the court also shall include in the order provisions of the type | 2282 |
described in division (E)(7) of this section. | 2283 |
(3)(a) Any protection order issued or consent agreement | 2284 |
approved under this section shall be valid until a date certain, | 2285 |
but not later than five years from the date of its issuance or | 2286 |
approval, or not later than the date a respondent who is less than | 2287 |
eighteen years of age attains nineteen years of age, unless | 2288 |
modified or terminated as provided in division (E)(8) of this | 2289 |
section. | 2290 |
(b) Subject to the limitation on the duration of an order or | 2291 |
agreement set forth in division (E)(3)(a) of this section, any | 2292 |
order under division (E)(1)(d) of this section shall terminate on | 2293 |
the date that a court in an action for divorce, dissolution of | 2294 |
marriage, or legal separation brought by the petitioner or | 2295 |
respondent issues an order allocating parental rights and | 2296 |
responsibilities for the care of children or on the date that a | 2297 |
juvenile court in an action brought by the petitioner or | 2298 |
respondent issues an order awarding legal custody of minor | 2299 |
children. Subject to the limitation on the duration of an order or | 2300 |
agreement set forth in division (E)(3)(a) of this section, any | 2301 |
order under division (E)(1)(e) of this section shall terminate on | 2302 |
the date that a court in an action for divorce, dissolution of | 2303 |
marriage, or legal separation brought by the petitioner or | 2304 |
respondent issues a support order or on the date that a juvenile | 2305 |
court in an action brought by the petitioner or respondent issues | 2306 |
a support order. | 2307 |
(c) Any protection order issued or consent agreement approved | 2308 |
pursuant to this section may be renewed in the same manner as the | 2309 |
original order or agreement was issued or approved. | 2310 |
(4) A court may not issue a protection order that requires a | 2311 |
petitioner to do or to refrain from doing an act that the court | 2312 |
may require a respondent to do or to refrain from doing under | 2313 |
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this | 2314 |
section unless all of the following apply: | 2315 |
(a) The respondent files a separate petition for a protection | 2316 |
order in accordance with this section. | 2317 |
(b) The petitioner is served notice of the respondent's | 2318 |
petition at least forty-eight hours before the court holds a | 2319 |
hearing with respect to the respondent's petition, or the | 2320 |
petitioner waives the right to receive this notice. | 2321 |
(c) If the petitioner has requested an ex parte order | 2322 |
pursuant to division (D) of this section, the court does not delay | 2323 |
any hearing required by that division beyond the time specified in | 2324 |
that division in order to consolidate the hearing with a hearing | 2325 |
on the petition filed by the respondent. | 2326 |
(d) After a full hearing at which the respondent presents | 2327 |
evidence in support of the request for a protection order and the | 2328 |
petitioner is afforded an opportunity to defend against that | 2329 |
evidence, the court determines that the petitioner has committed | 2330 |
an act of domestic violence or has violated a temporary protection | 2331 |
order issued pursuant to section 2919.26 of the Revised Code, that | 2332 |
both the petitioner and the respondent acted primarily as | 2333 |
aggressors, and that neither the petitioner nor the respondent | 2334 |
acted primarily in self-defense. | 2335 |
(5) No protection order issued or consent agreement approved | 2336 |
under this section shall in any manner affect title to any real | 2337 |
property. | 2338 |
(6)(a) If a petitioner, or the child of a petitioner, who | 2339 |
obtains a protection order or consent agreement pursuant to | 2340 |
division (E)(1) of this section or a temporary protection order | 2341 |
pursuant to section 2919.26 of the Revised Code and is the subject | 2342 |
of a parenting time order issued pursuant to section 3109.051 or | 2343 |
3109.12 of the Revised Code or a visitation or companionship order | 2344 |
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 2345 |
Revised Code or division (E)(1)(d) of this section granting | 2346 |
parenting time rights to the respondent, the court may require the | 2347 |
public children services agency of the county in which the court | 2348 |
is located to provide supervision of the respondent's exercise of | 2349 |
parenting time or visitation or companionship rights with respect | 2350 |
to the child for a period not to exceed nine months, if the court | 2351 |
makes the following findings of fact: | 2352 |
(i) The child is in danger from the respondent; | 2353 |
(ii) No other person or agency is available to provide the | 2354 |
supervision. | 2355 |
(b) A court that requires an agency to provide supervision | 2356 |
pursuant to division (E)(6)(a) of this section shall order the | 2357 |
respondent to reimburse the agency for the cost of providing the | 2358 |
supervision, if it determines that the respondent has sufficient | 2359 |
income or resources to pay that cost. | 2360 |
(7)(a) If a protection order issued or consent agreement | 2361 |
approved under this section includes a requirement that the | 2362 |
respondent be evicted from or vacate the residence or household or | 2363 |
refrain from entering the residence, school, business, or place of | 2364 |
employment of the petitioner or a family or household member, the | 2365 |
order or agreement shall state clearly that the order or agreement | 2366 |
cannot be waived or nullified by an invitation to the respondent | 2367 |
from the petitioner or other family or household member to enter | 2368 |
the residence, school, business, or place of employment or by the | 2369 |
respondent's entry into one of those places otherwise upon the | 2370 |
consent of the petitioner or other family or household member. | 2371 |
(b) Division (E)(7)(a) of this section does not limit any | 2372 |
discretion of a court to determine that a respondent charged with | 2373 |
a violation of section 2919.27 of the Revised Code, with a | 2374 |
violation of a municipal ordinance substantially equivalent to | 2375 |
that section, or with contempt of court, which charge is based on | 2376 |
an alleged violation of a protection order issued or consent | 2377 |
agreement approved under this section, did not commit the | 2378 |
violation or was not in contempt of court. | 2379 |
(8)(a) The court may modify or terminate as provided in | 2380 |
division (E)(8) of this section a protection order or consent | 2381 |
agreement that was issued after a full hearing under this section. | 2382 |
The court that issued the protection order or approved the consent | 2383 |
agreement shall hear a motion for modification or termination of | 2384 |
the protection order or consent agreement pursuant to division | 2385 |
(E)(8) of this section. | 2386 |
(b) Either the petitioner or the respondent of the original | 2387 |
protection order or consent agreement may bring a motion for | 2388 |
modification or termination of a protection order or consent | 2389 |
agreement that was issued or approved after a full hearing. The | 2390 |
court shall require notice of the motion to be made as provided by | 2391 |
the Rules of Civil Procedure. If the petitioner for the original | 2392 |
protection order or consent agreement has requested that the | 2393 |
petitioner's address be kept confidential, the court shall not | 2394 |
disclose the address to the respondent of the original protection | 2395 |
order or consent agreement or any other person, except as | 2396 |
otherwise required by law. The moving party has the burden of | 2397 |
proof to show, by a preponderance of the evidence, that | 2398 |
modification or termination of the protection order or consent | 2399 |
agreement is appropriate because either the protection order or | 2400 |
consent agreement is no longer needed or because the terms of the | 2401 |
original protection order or consent agreement are no longer | 2402 |
appropriate. | 2403 |
(c) In considering whether to modify or terminate a | 2404 |
protection order or consent agreement issued or approved under | 2405 |
this section, the court shall consider all relevant factors, | 2406 |
including, but not limited to, the following: | 2407 |
(i) Whether the petitioner consents to modification or | 2408 |
termination of the protection order or consent agreement; | 2409 |
(ii) Whether the petitioner fears the respondent; | 2410 |
(iii) The current nature of the relationship between the | 2411 |
petitioner and the respondent; | 2412 |
(iv) The circumstances of the petitioner and respondent, | 2413 |
including the relative proximity of the petitioner's and | 2414 |
respondent's workplaces and residences and whether the petitioner | 2415 |
and respondent have minor children together; | 2416 |
(v) Whether the respondent has complied with the terms and | 2417 |
conditions of the original protection order or consent agreement; | 2418 |
(vi) Whether the respondent has a continuing involvement with | 2419 |
illegal drugs or alcohol; | 2420 |
(vii) Whether the respondent has been convicted of, pleaded | 2421 |
guilty to, or been adjudicated a delinquent child for an offense | 2422 |
of violence since the issuance of the protection order or approval | 2423 |
of the consent agreement; | 2424 |
(viii) Whether any other protection orders, consent | 2425 |
agreements, restraining orders, or no contact orders have been | 2426 |
issued against the respondent pursuant to this section, section | 2427 |
2919.26 of the Revised Code, any other provision of state law, or | 2428 |
the law of any other state; | 2429 |
(ix) Whether the respondent has participated in any domestic | 2430 |
violence treatment, intervention program, or other counseling | 2431 |
addressing domestic violence and whether the respondent has | 2432 |
completed the treatment, program, or counseling; | 2433 |
(x) The time that has elapsed since the protection order was | 2434 |
issued or since the consent agreement was approved; | 2435 |
(xi) The age and health of the respondent; | 2436 |
(xii) When the last incident of abuse, threat of harm, or | 2437 |
commission of a sexually oriented offense occurred or other | 2438 |
relevant information concerning the safety and protection of the | 2439 |
petitioner or other protected parties. | 2440 |
(d) If a protection order or consent agreement is modified or | 2441 |
terminated as provided in division (E)(8) of this section, the | 2442 |
court shall issue copies of the modified or terminated order or | 2443 |
agreement as provided in division (F) of this section. A | 2444 |
petitioner may also provide notice of the modification or | 2445 |
termination to the judicial and law enforcement officials in any | 2446 |
county other than the county in which the order or agreement is | 2447 |
modified or terminated as provided in division (N) of this | 2448 |
section. | 2449 |
(e) If the respondent moves for modification or termination | 2450 |
of a protection order or consent agreement pursuant to this | 2451 |
section and the court denies the motion, the court may assess | 2452 |
costs against the respondent for the filing of the motion. | 2453 |
(9) Any protection order issued or any consent agreement | 2454 |
approved pursuant to this section shall include a provision that | 2455 |
the court will automatically seal all of the records of the | 2456 |
proceeding in which the order is issued or agreement approved on | 2457 |
the date the respondent attains the age of nineteen years unless | 2458 |
the petitioner provides the court with evidence that the | 2459 |
respondent has not complied with all of the terms of the | 2460 |
protection order or consent agreement. The protection order or | 2461 |
consent agreement shall specify the date when the respondent | 2462 |
attains the age of nineteen years. | 2463 |
(F)(1) A copy of any protection order, or consent agreement, | 2464 |
that is issued, approved, modified, or terminated under this | 2465 |
section shall be issued by the court to the petitioner, to the | 2466 |
respondent, and to all law enforcement agencies that have | 2467 |
jurisdiction to enforce the order or agreement. The court shall | 2468 |
direct that a copy of an order be delivered to the respondent on | 2469 |
the same day that the order is entered. | 2470 |
(2) Upon the issuance of a protection order or the approval | 2471 |
of a consent agreement under this section, the court shall provide | 2472 |
the parties to the order or agreement with the following notice | 2473 |
orally or by form: | 2474 |
2475 | |
As a result of this order or consent agreement, it may be | 2476 |
unlawful for you to possess or purchase a firearm, including a | 2477 |
rifle, pistol, or revolver, or ammunition pursuant to federal law | 2478 |
under 18 U.S.C. 922(g)(8). If you have any questions whether this | 2479 |
law makes it illegal for you to possess or purchase a firearm or | 2480 |
ammunition, you should consult an attorney." | 2481 |
(3) All law enforcement agencies shall establish and maintain | 2482 |
an index for the protection orders and the approved consent | 2483 |
agreements delivered to the agencies pursuant to division (F)(1) | 2484 |
of this section. With respect to each order and consent agreement | 2485 |
delivered, each agency shall note on the index the date and time | 2486 |
that it received the order or consent agreement. | 2487 |
(4) Regardless of whether the petitioner has registered the | 2488 |
order or agreement in the county in which the officer's agency has | 2489 |
jurisdiction pursuant to division (N) of this section, any officer | 2490 |
of a law enforcement agency shall enforce a protection order | 2491 |
issued or consent agreement approved by any court in this state in | 2492 |
accordance with the provisions of the order or agreement, | 2493 |
including removing the respondent from the premises, if | 2494 |
appropriate. | 2495 |
(G) Any proceeding under this section shall be conducted in | 2496 |
accordance with the Rules of Civil Procedure, except that an order | 2497 |
under this section may be obtained with or without bond. An order | 2498 |
issued under this section, other than an ex parte order, that | 2499 |
grants a protection order or approves a consent agreement, that | 2500 |
refuses to grant a protection order or approve a consent agreement | 2501 |
that modifies or terminates a protection order or consent | 2502 |
agreement, or that refuses to modify or terminate a protection | 2503 |
order or consent agreement, is a final, appealable order. The | 2504 |
remedies and procedures provided in this section are in addition | 2505 |
to, and not in lieu of, any other available civil or criminal | 2506 |
remedies. | 2507 |
(H) The filing of proceedings under this section does not | 2508 |
excuse a person from filing any report or giving any notice | 2509 |
required by section 2151.421 of the Revised Code or by any other | 2510 |
law. When a petition under this section alleges domestic violence | 2511 |
against minor children, the court shall report the fact, or cause | 2512 |
reports to be made, to a county, township, or municipal peace | 2513 |
officer under section 2151.421 of the Revised Code. | 2514 |
(I) Any law enforcement agency that investigates a domestic | 2515 |
dispute shall provide information to the family or household | 2516 |
members involved regarding the relief available under this section | 2517 |
and section 2919.26 of the Revised Code. | 2518 |
(J)(1) Subject to divisions (E)(8)(e) and (J)(2) of this | 2519 |
section and regardless of whether a protection order is issued or | 2520 |
a consent agreement is approved by a court of another county or a | 2521 |
court of another state, no court or unit of state or local | 2522 |
government shall charge the petitioner any fee, cost, deposit, or | 2523 |
money in connection with the filing of a petition pursuant to this | 2524 |
section or in connection with the filing, issuance, registration, | 2525 |
modification, enforcement, dismissal, withdrawal, or service of a | 2526 |
protection order, consent agreement, or witness subpoena or for | 2527 |
obtaining a certified copy of a protection order or consent | 2528 |
agreement. | 2529 |
(2) Regardless of whether a protection order is issued or a | 2530 |
consent agreement is approved pursuant to this section, the court | 2531 |
may assess costs against the respondent in connection with the | 2532 |
filing, issuance, registration, modification, enforcement, | 2533 |
dismissal, withdrawal, or service of a protection order, consent | 2534 |
agreement, or witness subpoena or for obtaining a certified copy | 2535 |
of a protection order or consent agreement. | 2536 |
(K)(1) The court shall comply with Chapters 3119., 3121., | 2537 |
3123., and 3125. of the Revised Code when it makes or modifies an | 2538 |
order for child support under this section. | 2539 |
(2) If any person required to pay child support under an | 2540 |
order made under this section on or after April 15, 1985, or | 2541 |
modified under this section on or after December 31, 1986, is | 2542 |
found in contempt of court for failure to make support payments | 2543 |
under the order, the court that makes the finding, in addition to | 2544 |
any other penalty or remedy imposed, shall assess all court costs | 2545 |
arising out of the contempt proceeding against the person and | 2546 |
require the person to pay any reasonable attorney's fees of any | 2547 |
adverse party, as determined by the court, that arose in relation | 2548 |
to the act of contempt. | 2549 |
(L)(1) A person who violates a protection order issued or a | 2550 |
consent agreement approved under this section is subject to the | 2551 |
following sanctions: | 2552 |
(a) Criminal prosecution or a delinquent child proceeding for | 2553 |
a violation of section 2919.27 of the Revised Code, if the | 2554 |
violation of the protection order or consent agreement constitutes | 2555 |
a violation of that section; | 2556 |
(b) Punishment for contempt of court. | 2557 |
(2) The punishment of a person for contempt of court for | 2558 |
violation of a protection order issued or a consent agreement | 2559 |
approved under this section does not bar criminal prosecution of | 2560 |
the person or a delinquent child proceeding concerning the person | 2561 |
for a violation of section 2919.27 of the Revised Code. However, a | 2562 |
person punished for contempt of court is entitled to credit for | 2563 |
the punishment imposed upon conviction of or adjudication as a | 2564 |
delinquent child for a violation of that section, and a person | 2565 |
convicted of or adjudicated a delinquent child for a violation of | 2566 |
that section shall not subsequently be punished for contempt of | 2567 |
court arising out of the same activity. | 2568 |
(M) In all stages of a proceeding under this section, a | 2569 |
petitioner may be accompanied by a victim advocate. | 2570 |
(N)(1) A petitioner who obtains a protection order or consent | 2571 |
agreement under this section or a temporary protection order under | 2572 |
section 2919.26 of the Revised Code may provide notice of the | 2573 |
issuance or approval of the order or agreement to the judicial and | 2574 |
law enforcement officials in any county other than the county in | 2575 |
which the order is issued or the agreement is approved by | 2576 |
registering that order or agreement in the other county pursuant | 2577 |
to division (N)(2) of this section and filing a copy of the | 2578 |
registered order or registered agreement with a law enforcement | 2579 |
agency in the other county in accordance with that division. A | 2580 |
person who obtains a protection order issued by a court of another | 2581 |
state may provide notice of the issuance of the order to the | 2582 |
judicial and law enforcement officials in any county of this state | 2583 |
by registering the order in that county pursuant to section | 2584 |
2919.272 of the Revised Code and filing a copy of the registered | 2585 |
order with a law enforcement agency in that county. | 2586 |
(2) A petitioner may register a temporary protection order, | 2587 |
protection order, or consent agreement in a county other than the | 2588 |
county in which the court that issued the order or approved the | 2589 |
agreement is located in the following manner: | 2590 |
(a) The petitioner shall obtain a certified copy of the order | 2591 |
or agreement from the clerk of the court that issued the order or | 2592 |
approved the agreement and present that certified copy to the | 2593 |
clerk of the court of common pleas or the clerk of a municipal | 2594 |
court or county court in the county in which the order or | 2595 |
agreement is to be registered. | 2596 |
(b) Upon accepting the certified copy of the order or | 2597 |
agreement for registration, the clerk of the court of common | 2598 |
pleas, municipal court, or county court shall place an endorsement | 2599 |
of registration on the order or agreement and give the petitioner | 2600 |
a copy of the order or agreement that bears that proof of | 2601 |
registration. | 2602 |
(3) The clerk of each court of common pleas, the clerk of | 2603 |
each municipal court, and the clerk of each county court shall | 2604 |
maintain a registry of certified copies of temporary protection | 2605 |
orders, protection orders, or consent agreements that have been | 2606 |
issued or approved by courts in other counties and that have been | 2607 |
registered with the clerk. | 2608 |
(O)(1) Upon the issuance of a protection order or the | 2609 |
approval of a consent agreement under this section, the court | 2610 |
shall notify the petitioner in writing of the right of the | 2611 |
petitioner to apply with the assistance of an application | 2612 |
assistant to the secretary of state under sections 111.31 to | 2613 |
111.40 of the Revised Code to have an address designated by the | 2614 |
secretary of state serve as the petitioner's address or the | 2615 |
address of the person on whose behalf the protection order was | 2616 |
issued or the consent agreement was approved. The petitioner may | 2617 |
apply with the assistance of an application assistant to the | 2618 |
secretary of state pursuant to those sections to have an address | 2619 |
designated by the secretary of state serve as the petitioner's | 2620 |
address or the address of the person on whose behalf the | 2621 |
protection order was issued or the consent agreement was approved. | 2622 |
(2) As used in division (O)(1) of this section, "application | 2623 |
assistant" has the same meaning as in section 111.31 of the | 2624 |
Revised Code. | 2625 |
(P) Nothing in this section prohibits the domestic relations | 2626 |
division of a court of common pleas in counties that have a | 2627 |
domestic relations division or a court of common pleas in counties | 2628 |
that do not have a domestic relations division from designating a | 2629 |
minor child as a protected party on a protection order or consent | 2630 |
agreement. | 2631 |
Sec. 3503.15. (A)(1) The secretary of state shall establish | 2632 |
and maintain a statewide voter registration database that shall be | 2633 |
administered by the office of the secretary of state and made | 2634 |
continuously available to each board of elections and to other | 2635 |
agencies as authorized by law. | 2636 |
(2)(a) State agencies, including, but not limited to, the | 2637 |
department of health, bureau of motor vehicles, department of job | 2638 |
and family services, and the department of rehabilitation and | 2639 |
corrections, shall provide any information and data to the | 2640 |
secretary of state that is collected in the course of normal | 2641 |
business and that is necessary to register to vote, to update an | 2642 |
elector's registration, or to maintain the statewide voter | 2643 |
registration database established pursuant to this section, except | 2644 |
where prohibited by federal law or regulation. The secretary of | 2645 |
state shall ensure that any information or data provided to the | 2646 |
secretary of state that is confidential in the possession of the | 2647 |
entity providing the data remains confidential while in the | 2648 |
possession of the secretary of state. No public office, and no | 2649 |
public official or employee, shall sell that information or data | 2650 |
or use that information or data for profit. | 2651 |
(b) Information provided under this division for maintenance | 2652 |
of the statewide voter registration database shall not be used to | 2653 |
update the name or address of a registered elector. The name or | 2654 |
address of a registered elector shall only be updated as a result | 2655 |
of the elector's actions in filing a notice of change of name, | 2656 |
change of address, or both. | 2657 |
(c) A board of elections shall contact a registered elector | 2658 |
pursuant to the rules adopted under division (D)(7) of this | 2659 |
section to verify the accuracy of the information in the statewide | 2660 |
voter registration database regarding that elector if that | 2661 |
information does not conform with information provided under | 2662 |
division (A)(2)(a) of this section and the discrepancy would | 2663 |
affect the elector's eligibility to cast a regular ballot. | 2664 |
(3)(a) The secretary of state shall enter into agreements to | 2665 |
share information or data that is in the possession of the | 2666 |
secretary of state with other states or groups of states, as the | 2667 |
secretary of state considers necessary, in order to maintain the | 2668 |
statewide voter registration database established pursuant to this | 2669 |
section. Except as otherwise provided in division (A)(3)(b) of | 2670 |
this section, the secretary of state shall ensure that any | 2671 |
information or data provided to the secretary of state that is | 2672 |
confidential in the possession of the state providing the data | 2673 |
remains confidential while in the possession of the secretary of | 2674 |
state. | 2675 |
(b) The secretary of state may provide such otherwise | 2676 |
confidential information or data to persons or organizations that | 2677 |
are engaging in legitimate governmental purposes related to the | 2678 |
maintenance of the statewide voter registration database. The | 2679 |
secretary of state shall adopt rules pursuant to Chapter 119. of | 2680 |
the Revised Code identifying the persons or organizations who may | 2681 |
receive that information or data. The secretary of state shall not | 2682 |
share that information or data with a person or organization not | 2683 |
identified in those rules. The secretary of state shall ensure | 2684 |
that a person or organization that receives confidential | 2685 |
information or data under this division keeps the information or | 2686 |
data confidential in the person's or organization's possession by, | 2687 |
at a minimum, entering into a confidentiality agreement with the | 2688 |
person or organization. Any confidentiality agreement entered into | 2689 |
under this division shall include a requirement that the person or | 2690 |
organization submit to the jurisdiction of this state in the event | 2691 |
that the person or organization breaches the agreement. | 2692 |
(4) No person or entity that receives information or data | 2693 |
under division (A)(3) of this section shall sell the information | 2694 |
or data or use the information or data for profit. | 2695 |
(B) The statewide voter registration database established | 2696 |
under this section shall be the official list of registered voters | 2697 |
for all elections conducted in this state. | 2698 |
(C) The statewide voter registration database established | 2699 |
under this section shall, at a minimum, include all of the | 2700 |
following: | 2701 |
(1) An electronic network that connects all board of | 2702 |
elections offices with the office of the secretary of state and | 2703 |
with the offices of all other boards of elections; | 2704 |
(2) A computer program that harmonizes the records contained | 2705 |
in the database with records maintained by each board of | 2706 |
elections; | 2707 |
(3) An interactive computer program that allows access to the | 2708 |
records contained in the database by each board of elections and | 2709 |
by any persons authorized by the secretary of state to add, | 2710 |
delete, modify, or print database records, and to conduct updates | 2711 |
of the database; | 2712 |
(4) A search program capable of verifying registered voters | 2713 |
and their registration information by name, driver's license | 2714 |
number, birth date, social security number, or current address; | 2715 |
(5) Safeguards and components to ensure that the integrity, | 2716 |
security, and confidentiality of the voter registration | 2717 |
information is maintained; | 2718 |
(6) Methods to retain canceled voter registration records for | 2719 |
not less than five years after they are canceled and to record the | 2720 |
reason for their cancellation. | 2721 |
(D) The secretary of state shall adopt rules pursuant to | 2722 |
Chapter 119. of the Revised Code doing all of the following: | 2723 |
(1) Specifying the manner in which existing voter | 2724 |
registration records maintained by boards of elections shall be | 2725 |
converted to electronic files for inclusion in the statewide voter | 2726 |
registration database; | 2727 |
(2) Establishing a uniform method for entering voter | 2728 |
registration records into the statewide voter registration | 2729 |
database on an expedited basis, but not less than once per day, if | 2730 |
new registration information is received; | 2731 |
(3) Establishing a uniform method for purging canceled voter | 2732 |
registration records from the statewide voter registration | 2733 |
database in accordance with section 3503.21 of the Revised Code; | 2734 |
(4) Specifying the persons authorized to add, delete, modify, | 2735 |
or print records contained in the statewide voter registration | 2736 |
database and to make updates of that database; | 2737 |
(5) Establishing a process for annually auditing the | 2738 |
information contained in the statewide voter registration | 2739 |
database; | 2740 |
(6) Establishing, by mutual agreement with the bureau of | 2741 |
motor vehicles, the content and format of the information and data | 2742 |
the bureau of motor vehicles shall provide to the secretary of | 2743 |
state under division (A)(2)(a) of this section and the frequency | 2744 |
with which the bureau shall provide that information and data; | 2745 |
(7) Establishing a uniform method for addressing instances in | 2746 |
which records contained in the statewide voter registration | 2747 |
database do not conform with records maintained by an agency, | 2748 |
state, or group of states described in division (A)(2)(a) or | 2749 |
(3)(a) of this section. That method shall prohibit an elector's | 2750 |
voter registration from being canceled on the sole basis that the | 2751 |
information in the registration record does not conform to records | 2752 |
maintained by such an agency; | 2753 |
(8) Establishing a process to keep the voter registration | 2754 |
record of a person who is a program participant under sections | 2755 |
111.31 to 111.40 of the Revised Code confidential and not | 2756 |
available for public inspection. | 2757 |
(E) A board of elections promptly shall purge a voter's name | 2758 |
and voter registration information from the statewide voter | 2759 |
registration database in accordance with the rules adopted by the | 2760 |
secretary of state under division (D)(3) of this section after the | 2761 |
cancellation of a voter's registration under section 3503.21 of | 2762 |
the Revised Code. | 2763 |
(F) The secretary of state shall provide training in the | 2764 |
operation of the statewide voter registration database to each | 2765 |
board of elections and to any persons authorized by the secretary | 2766 |
of state to add, delete, modify, or print database records, and to | 2767 |
conduct updates of the database. | 2768 |
(G)(1) The statewide voter registration database established | 2769 |
under this section shall be made available on a web site of the | 2770 |
office of the secretary of state as follows: | 2771 |
(a) Except as otherwise provided in division (G)(1)(b) of | 2772 |
this section, the following information from the statewide voter | 2773 |
registration database regarding a registered voter shall be made | 2774 |
available on the web site: | 2775 |
(i) The voter's name; | 2776 |
(ii) The voter's address; | 2777 |
(iii) The voter's precinct number; | 2778 |
(iv) The voter's voting history. | 2779 |
(b) During the thirty days before the day of a primary or | 2780 |
general election, the web site interface of the statewide voter | 2781 |
registration database shall permit a voter to search for the | 2782 |
polling location at which that voter may cast a ballot. | 2783 |
(2) The secretary of state shall establish, by rule adopted | 2784 |
under Chapter 119. of the Revised Code, a process for boards of | 2785 |
elections to notify the secretary of state of changes in the | 2786 |
locations of precinct polling places for the purpose of updating | 2787 |
the information made available on the secretary of state's web | 2788 |
site under division (G)(1)(b) of this section. Those rules shall | 2789 |
require a board of elections, during the thirty days before the | 2790 |
day of a primary or general election, to notify the secretary of | 2791 |
state within one business day of any change to the location of a | 2792 |
precinct polling place within the county. | 2793 |
(3) During the thirty days before the day of a primary or | 2794 |
general election, not later than one business day after receiving | 2795 |
a notification from a county pursuant to division (G)(2) of this | 2796 |
section that the location of a precinct polling place has changed, | 2797 |
the secretary of state shall update that information on the | 2798 |
secretary of state's web site for the purpose of division | 2799 |
(G)(1)(b) of this section. | 2800 |
Sec. 3503.151. Notwithstanding any other provision of Chapter | 2801 |
3503. of the Revised Code, the secretary of state shall maintain | 2802 |
the voter registration records for participants in the address | 2803 |
confidentiality program under sections 111.32 to 111.40 of the | 2804 |
Revised Code who are registered or choose to register to vote. The | 2805 |
secretary of state shall process new voter registration records | 2806 |
and maintain existing voter registration records in the same | 2807 |
manner as county boards of elections. | 2808 |
Sec. 3509.03. Except as provided in division (B) of section | 2809 |
3509.08 of the Revised Code, any qualified elector desiring to | 2810 |
vote absent voter's ballots at an election shall make written | 2811 |
application for those ballots to the director of elections of the | 2812 |
county in which the elector's voting residence is located. The | 2813 |
application need not be in any particular form but shall contain | 2814 |
all of the following: | 2815 |
(A) The elector's name; | 2816 |
(B) The elector's signature; | 2817 |
(C) The address at which the elector is registered to vote; | 2818 |
(D) The elector's date of birth; | 2819 |
(E) One of the following: | 2820 |
(1) The elector's driver's license number; | 2821 |
(2) The last four digits of the elector's social security | 2822 |
number; | 2823 |
(3) A copy of the elector's current and valid photo | 2824 |
identification, a copy of a military identification, or a copy of | 2825 |
a current utility bill, bank statement, government check, | 2826 |
paycheck, or other government document, other than a notice of | 2827 |
voter registration mailed by a board of elections under section | 2828 |
3503.19 of the Revised Code, that shows the name and address of | 2829 |
the elector. | 2830 |
(F) A statement identifying the election for which absent | 2831 |
voter's ballots are requested; | 2832 |
(G) A statement that the person requesting the ballots is a | 2833 |
qualified elector; | 2834 |
(H) If the request is for primary election ballots, the | 2835 |
elector's party affiliation; | 2836 |
(I) If the elector desires ballots to be mailed to the | 2837 |
elector, the address to which those ballots shall be mailed. | 2838 |
| 2839 |
Code, each application for absent voter's ballots shall be | 2840 |
delivered to the director not earlier than the first day of | 2841 |
January of the year of the elections for which the absent voter's | 2842 |
ballots are requested or not earlier than ninety days before the | 2843 |
day of the election at which the ballots are to be voted, | 2844 |
whichever is earlier, and not later than twelve noon of the third | 2845 |
day before the day of the election at which the ballots are to be | 2846 |
voted, or not later than six p.m. on the last Friday before the | 2847 |
day of the election at which the ballots are to be voted if the | 2848 |
application is delivered in person to the office of the board. | 2849 |
A board of elections that mails an absent voter's ballot | 2850 |
application to an elector under this section shall not prepay the | 2851 |
return postage for that application. | 2852 |
Except as otherwise provided in this section and in sections | 2853 |
3505.24 and 3509.08 of the Revised Code, an election official | 2854 |
shall not fill out any portion of an application for absent | 2855 |
voter's ballots on behalf of an applicant. The secretary of state | 2856 |
or a board of elections may preprint only an applicant's name and | 2857 |
address on an application for absent voter's ballots before | 2858 |
mailing that application to the applicant. | 2859 |
Section 2. That existing sections 149.43, 149.45, 319.28, | 2860 |
319.54, 2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 of the | 2861 |
Revised Code are hereby repealed. | 2862 |
Section 3. That the version of section 149.43 of the Revised | 2863 |
Code that is scheduled to take effect March 20, 2015, be amended | 2864 |
to read as follows: | 2865 |
Sec. 149.43. (A) As used in this section: | 2866 |
(1) "Public record" means records kept by any public office, | 2867 |
including, but not limited to, state, county, city, village, | 2868 |
township, and school district units, and records pertaining to the | 2869 |
delivery of educational services by an alternative school in this | 2870 |
state kept by the nonprofit or for-profit entity operating the | 2871 |
alternative school pursuant to section 3313.533 of the Revised | 2872 |
Code. "Public record" does not mean any of the following: | 2873 |
(a) Medical records; | 2874 |
(b) Records pertaining to probation and parole proceedings or | 2875 |
to proceedings related to the imposition of community control | 2876 |
sanctions and post-release control sanctions; | 2877 |
(c) Records pertaining to actions under section 2151.85 and | 2878 |
division (C) of section 2919.121 of the Revised Code and to | 2879 |
appeals of actions arising under those sections; | 2880 |
(d) Records pertaining to adoption proceedings, including the | 2881 |
contents of an adoption file maintained by the department of | 2882 |
health under sections 3705.12 to 3705.124 of the Revised Code; | 2883 |
(e) Information in a record contained in the putative father | 2884 |
registry established by section 3107.062 of the Revised Code, | 2885 |
regardless of whether the information is held by the department of | 2886 |
job and family services or, pursuant to section 3111.69 of the | 2887 |
Revised Code, the office of child support in the department or a | 2888 |
child support enforcement agency; | 2889 |
(f) Records specified in division (A) of section 3107.52 of | 2890 |
the Revised Code; | 2891 |
(g) Trial preparation records; | 2892 |
(h) Confidential law enforcement investigatory records; | 2893 |
(i) Records containing information that is confidential under | 2894 |
section 2710.03 or 4112.05 of the Revised Code; | 2895 |
(j) DNA records stored in the DNA database pursuant to | 2896 |
section 109.573 of the Revised Code; | 2897 |
(k) Inmate records released by the department of | 2898 |
rehabilitation and correction to the department of youth services | 2899 |
or a court of record pursuant to division (E) of section 5120.21 | 2900 |
of the Revised Code; | 2901 |
(l) Records maintained by the department of youth services | 2902 |
pertaining to children in its custody released by the department | 2903 |
of youth services to the department of rehabilitation and | 2904 |
correction pursuant to section 5139.05 of the Revised Code; | 2905 |
(m) Intellectual property records; | 2906 |
(n) Donor profile records; | 2907 |
(o) Records maintained by the department of job and family | 2908 |
services pursuant to section 3121.894 of the Revised Code; | 2909 |
(p) Peace officer, parole officer, probation officer, | 2910 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 2911 |
correctional employee, community-based correctional facility | 2912 |
employee, youth services employee, firefighter, EMT, | 2913 |
investigator of the bureau of criminal identification and | 2914 |
investigation, or federal law enforcement officer residential and | 2915 |
familial information; | 2916 |
(q) In the case of a county hospital operated pursuant to | 2917 |
Chapter 339. of the Revised Code or a municipal hospital operated | 2918 |
pursuant to Chapter 749. of the Revised Code, information that | 2919 |
constitutes a trade secret, as defined in section 1333.61 of the | 2920 |
Revised Code; | 2921 |
(r) Information pertaining to the recreational activities of | 2922 |
a person under the age of eighteen; | 2923 |
(s) Records provided to, statements made by review board | 2924 |
members during meetings of, and all work products of a child | 2925 |
fatality review board acting under sections 307.621 to 307.629 of | 2926 |
the Revised Code, and child fatality review data submitted by the | 2927 |
child fatality review board to the department of health or a | 2928 |
national child death review database, other than the report | 2929 |
prepared pursuant to division (A) of section 307.626 of the | 2930 |
Revised Code; | 2931 |
(t) Records provided to and statements made by the executive | 2932 |
director of a public children services agency or a prosecuting | 2933 |
attorney acting pursuant to section 5153.171 of the Revised Code | 2934 |
other than the information released under that section; | 2935 |
(u) Test materials, examinations, or evaluation tools used in | 2936 |
an examination for licensure as a nursing home administrator that | 2937 |
the board of executives of long-term services and supports | 2938 |
administers under section 4751.04 of the Revised Code or contracts | 2939 |
under that section with a private or government entity to | 2940 |
administer; | 2941 |
(v) Records the release of which is prohibited by state or | 2942 |
federal law; | 2943 |
(w) Proprietary information of or relating to any person that | 2944 |
is submitted to or compiled by the Ohio venture capital authority | 2945 |
created under section 150.01 of the Revised Code; | 2946 |
(x) Financial statements and data any person submits for any | 2947 |
purpose to the Ohio housing finance agency or the controlling | 2948 |
board in connection with applying for, receiving, or accounting | 2949 |
for financial assistance from the agency, and information that | 2950 |
identifies any individual who benefits directly or indirectly from | 2951 |
financial assistance from the agency; | 2952 |
(y) Records listed in section 5101.29 of the Revised Code; | 2953 |
(z) Discharges recorded with a county recorder under section | 2954 |
317.24 of the Revised Code, as specified in division (B)(2) of | 2955 |
that section; | 2956 |
(aa) Usage information including names and addresses of | 2957 |
specific residential and commercial customers of a municipally | 2958 |
owned or operated public utility; | 2959 |
(bb) Records described in division (C) of section 187.04 of | 2960 |
the Revised Code that are not designated to be made available to | 2961 |
the public as provided in that division; | 2962 |
(cc) Subject to any provision in sections 111.31 to 111.40 of | 2963 |
the Revised Code, the confidential address of a participant of the | 2964 |
address confidentiality program, and all of the records pertaining | 2965 |
to the address confidentiality program, established under those | 2966 |
sections. | 2967 |
(2) "Confidential law enforcement investigatory record" means | 2968 |
any record that pertains to a law enforcement matter of a | 2969 |
criminal, quasi-criminal, civil, or administrative nature, but | 2970 |
only to the extent that the release of the record would create a | 2971 |
high probability of disclosure of any of the following: | 2972 |
(a) The identity of a suspect who has not been charged with | 2973 |
the offense to which the record pertains, or of an information | 2974 |
source or witness to whom confidentiality has been reasonably | 2975 |
promised; | 2976 |
(b) Information provided by an information source or witness | 2977 |
to whom confidentiality has been reasonably promised, which | 2978 |
information would reasonably tend to disclose the source's or | 2979 |
witness's identity; | 2980 |
(c) Specific confidential investigatory techniques or | 2981 |
procedures or specific investigatory work product; | 2982 |
(d) Information that would endanger the life or physical | 2983 |
safety of law enforcement personnel, a crime victim, a witness, or | 2984 |
a confidential information source. | 2985 |
(3) "Medical record" means any document or combination of | 2986 |
documents, except births, deaths, and the fact of admission to or | 2987 |
discharge from a hospital, that pertains to the medical history, | 2988 |
diagnosis, prognosis, or medical condition of a patient and that | 2989 |
is generated and maintained in the process of medical treatment. | 2990 |
(4) "Trial preparation record" means any record that contains | 2991 |
information that is specifically compiled in reasonable | 2992 |
anticipation of, or in defense of, a civil or criminal action or | 2993 |
proceeding, including the independent thought processes and | 2994 |
personal trial preparation of an attorney. | 2995 |
(5) "Intellectual property record" means a record, other than | 2996 |
a financial or administrative record, that is produced or | 2997 |
collected by or for faculty or staff of a state institution of | 2998 |
higher learning in the conduct of or as a result of study or | 2999 |
research on an educational, commercial, scientific, artistic, | 3000 |
technical, or scholarly issue, regardless of whether the study or | 3001 |
research was sponsored by the institution alone or in conjunction | 3002 |
with a governmental body or private concern, and that has not been | 3003 |
publicly released, published, or patented. | 3004 |
(6) "Donor profile record" means all records about donors or | 3005 |
potential donors to a public institution of higher education | 3006 |
except the names and reported addresses of the actual donors and | 3007 |
the date, amount, and conditions of the actual donation. | 3008 |
(7) "Peace officer, parole officer, probation officer, | 3009 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 3010 |
correctional employee, community-based correctional facility | 3011 |
employee, youth services employee, firefighter, EMT, | 3012 |
investigator of the bureau of criminal identification and | 3013 |
investigation, or federal law enforcement officer residential and | 3014 |
familial information" means any information that discloses any of | 3015 |
the following about a peace officer, parole officer, probation | 3016 |
officer, bailiff, prosecuting attorney, assistant prosecuting | 3017 |
attorney, correctional employee, community-based correctional | 3018 |
facility employee, youth services employee, firefighter, EMT, | 3019 |
investigator of the bureau of criminal identification and | 3020 |
investigation, or federal law enforcement officer: | 3021 |
(a) The address of the actual personal residence of a peace | 3022 |
officer, parole officer, probation officer, bailiff, assistant | 3023 |
prosecuting attorney, correctional employee, community-based | 3024 |
correctional facility employee, youth services employee, | 3025 |
firefighter, EMT, | 3026 |
identification and investigation, or federal law enforcement | 3027 |
officer, except for the state or political subdivision in which | 3028 |
the peace officer, parole officer, probation officer, bailiff, | 3029 |
assistant prosecuting attorney, correctional employee, | 3030 |
community-based correctional facility employee, youth services | 3031 |
employee, firefighter, EMT, | 3032 |
criminal identification and investigation, or federal law | 3033 |
enforcement officer resides; | 3034 |
(b) Information compiled from referral to or participation in | 3035 |
an employee assistance program; | 3036 |
(c) The social security number, the residential telephone | 3037 |
number, any bank account, debit card, charge card, or credit card | 3038 |
number, or the emergency telephone number of, or any medical | 3039 |
information pertaining to, a peace officer, parole officer, | 3040 |
probation officer, bailiff, prosecuting attorney, assistant | 3041 |
prosecuting attorney, correctional employee, community-based | 3042 |
correctional facility employee, youth services employee, | 3043 |
firefighter, EMT, | 3044 |
identification and investigation, or federal law enforcement | 3045 |
officer; | 3046 |
(d) The name of any beneficiary of employment benefits, | 3047 |
including, but not limited to, life insurance benefits, provided | 3048 |
to a peace officer, parole officer, probation officer, bailiff, | 3049 |
prosecuting attorney, assistant prosecuting attorney, correctional | 3050 |
employee, community-based correctional facility employee, youth | 3051 |
services employee, firefighter, EMT, | 3052 |
of criminal identification and investigation, or federal law | 3053 |
enforcement officer by the peace officer's, parole officer's, | 3054 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 3055 |
prosecuting attorney's, correctional employee's, community-based | 3056 |
correctional facility employee's, youth services employee's, | 3057 |
firefighter's, EMT's, | 3058 |
identification and investigation's, or federal law enforcement | 3059 |
officer's employer; | 3060 |
(e) The identity and amount of any charitable or employment | 3061 |
benefit deduction made by the peace officer's, parole officer's, | 3062 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 3063 |
prosecuting attorney's, correctional employee's, community-based | 3064 |
correctional facility employee's, youth services employee's, | 3065 |
firefighter's, EMT's, | 3066 |
identification and investigation's, or federal law enforcement | 3067 |
officer's employer from the peace officer's, parole officer's, | 3068 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 3069 |
prosecuting attorney's, correctional employee's, community-based | 3070 |
correctional facility employee's, youth services employee's, | 3071 |
firefighter's, EMT's, | 3072 |
identification and investigation's, or federal law enforcement | 3073 |
officer's compensation unless the amount of the deduction is | 3074 |
required by state or federal law; | 3075 |
(f) The name, the residential address, the name of the | 3076 |
employer, the address of the employer, the social security number, | 3077 |
the residential telephone number, any bank account, debit card, | 3078 |
charge card, or credit card number, or the emergency telephone | 3079 |
number of the spouse, a former spouse, or any child of a peace | 3080 |
officer, parole officer, probation officer, bailiff, prosecuting | 3081 |
attorney, assistant prosecuting attorney, correctional employee, | 3082 |
community-based correctional facility employee, youth services | 3083 |
employee, firefighter, EMT, | 3084 |
criminal identification and investigation, or federal law | 3085 |
enforcement officer; | 3086 |
(g) A photograph of a peace officer or federal law | 3087 |
enforcement officer who holds a position or has an assignment that | 3088 |
may include undercover or plain clothes positions or assignments | 3089 |
as determined by the peace officer's or federal law enforcement | 3090 |
officer's appointing authority. | 3091 |
As used in divisions (A)(7) and (B)(9) of this section, | 3092 |
"peace officer" has the same meaning as in section 109.71 of the | 3093 |
Revised Code and also includes the superintendent and troopers of | 3094 |
the state highway patrol; it does not include the sheriff of a | 3095 |
county or a supervisory employee who, in the absence of the | 3096 |
sheriff, is authorized to stand in for, exercise the authority of, | 3097 |
and perform the duties of the sheriff. | 3098 |
As used in divisions (A)(7) and (B)(9) of this section, | 3099 |
"correctional employee" means any employee of the department of | 3100 |
rehabilitation and correction who in the course of performing the | 3101 |
employee's job duties has or has had contact with inmates and | 3102 |
persons under supervision. | 3103 |
As used in divisions (A)(7) and (B)(9) of this section, | 3104 |
"youth services employee" means any employee of the department of | 3105 |
youth services who in the course of performing the employee's job | 3106 |
duties has or has had contact with children committed to the | 3107 |
custody of the department of youth services. | 3108 |
As used in divisions (A)(7) and (B)(9) of this section, | 3109 |
"firefighter" means any regular, paid or volunteer, member of a | 3110 |
lawfully constituted fire department of a municipal corporation, | 3111 |
township, fire district, or village. | 3112 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 3113 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 3114 |
medical services for a public emergency medical service | 3115 |
organization. "Emergency medical service organization," | 3116 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 3117 |
section 4765.01 of the Revised Code. | 3118 |
As used in divisions (A)(7) and (B)(9) of this section, | 3119 |
"investigator of the bureau of criminal identification and | 3120 |
investigation" has the meaning defined in section 2903.11 of the | 3121 |
Revised Code. | 3122 |
As used in divisions (A)(7) and (B)(9) of this section, | 3123 |
"federal law enforcement officer" means any officer of the United | 3124 |
States who is authorized by federal law to conduct any | 3125 |
investigation of, and make any arrest for, any offense against the | 3126 |
United States in violation of federal law. | 3127 |
(8) "Information pertaining to the recreational activities of | 3128 |
a person under the age of eighteen" means information that is kept | 3129 |
in the ordinary course of business by a public office, that | 3130 |
pertains to the recreational activities of a person under the age | 3131 |
of eighteen years, and that discloses any of the following: | 3132 |
(a) The address or telephone number of a person under the age | 3133 |
of eighteen or the address or telephone number of that person's | 3134 |
parent, guardian, custodian, or emergency contact person; | 3135 |
(b) The social security number, birth date, or photographic | 3136 |
image of a person under the age of eighteen; | 3137 |
(c) Any medical record, history, or information pertaining to | 3138 |
a person under the age of eighteen; | 3139 |
(d) Any additional information sought or required about a | 3140 |
person under the age of eighteen for the purpose of allowing that | 3141 |
person to participate in any recreational activity conducted or | 3142 |
sponsored by a public office or to use or obtain admission | 3143 |
privileges to any recreational facility owned or operated by a | 3144 |
public office. | 3145 |
(9) "Community control sanction" has the same meaning as in | 3146 |
section 2929.01 of the Revised Code. | 3147 |
(10) "Post-release control sanction" has the same meaning as | 3148 |
in section 2967.01 of the Revised Code. | 3149 |
(11) "Redaction" means obscuring or deleting any information | 3150 |
that is exempt from the duty to permit public inspection or | 3151 |
copying from an item that otherwise meets the definition of a | 3152 |
"record" in section 149.011 of the Revised Code. | 3153 |
(12) "Designee" and "elected official" have the same meanings | 3154 |
as in section 109.43 of the Revised Code. | 3155 |
(B)(1) Upon request and subject to division (B)(8) of this | 3156 |
section, all public records responsive to the request shall be | 3157 |
promptly prepared and made available for inspection to any person | 3158 |
at all reasonable times during regular business hours. Subject to | 3159 |
division (B)(8) of this section, upon request, a public office or | 3160 |
person responsible for public records shall make copies of the | 3161 |
requested public record available at cost and within a reasonable | 3162 |
period of time. If a public record contains information that is | 3163 |
exempt from the duty to permit public inspection or to copy the | 3164 |
public record, the public office or the person responsible for the | 3165 |
public record shall make available all of the information within | 3166 |
the public record that is not exempt. When making that public | 3167 |
record available for public inspection or copying that public | 3168 |
record, the public office or the person responsible for the public | 3169 |
record shall notify the requester of any redaction or make the | 3170 |
redaction plainly visible. A redaction shall be deemed a denial of | 3171 |
a request to inspect or copy the redacted information, except if | 3172 |
federal or state law authorizes or requires a public office to | 3173 |
make the redaction. | 3174 |
(2) To facilitate broader access to public records, a public | 3175 |
office or the person responsible for public records shall organize | 3176 |
and maintain public records in a manner that they can be made | 3177 |
available for inspection or copying in accordance with division | 3178 |
(B) of this section. A public office also shall have available a | 3179 |
copy of its current records retention schedule at a location | 3180 |
readily available to the public. If a requester makes an ambiguous | 3181 |
or overly broad request or has difficulty in making a request for | 3182 |
copies or inspection of public records under this section such | 3183 |
that the public office or the person responsible for the requested | 3184 |
public record cannot reasonably identify what public records are | 3185 |
being requested, the public office or the person responsible for | 3186 |
the requested public record may deny the request but shall provide | 3187 |
the requester with an opportunity to revise the request by | 3188 |
informing the requester of the manner in which records are | 3189 |
maintained by the public office and accessed in the ordinary | 3190 |
course of the public office's or person's duties. | 3191 |
(3) If a request is ultimately denied, in part or in whole, | 3192 |
the public office or the person responsible for the requested | 3193 |
public record shall provide the requester with an explanation, | 3194 |
including legal authority, setting forth why the request was | 3195 |
denied. If the initial request was provided in writing, the | 3196 |
explanation also shall be provided to the requester in writing. | 3197 |
The explanation shall not preclude the public office or the person | 3198 |
responsible for the requested public record from relying upon | 3199 |
additional reasons or legal authority in defending an action | 3200 |
commenced under division (C) of this section. | 3201 |
(4) Unless specifically required or authorized by state or | 3202 |
federal law or in accordance with division (B) of this section, no | 3203 |
public office or person responsible for public records may limit | 3204 |
or condition the availability of public records by requiring | 3205 |
disclosure of the requester's identity or the intended use of the | 3206 |
requested public record. Any requirement that the requester | 3207 |
disclose the requestor's identity or the intended use of the | 3208 |
requested public record constitutes a denial of the request. | 3209 |
(5) A public office or person responsible for public records | 3210 |
may ask a requester to make the request in writing, may ask for | 3211 |
the requester's identity, and may inquire about the intended use | 3212 |
of the information requested, but may do so only after disclosing | 3213 |
to the requester that a written request is not mandatory and that | 3214 |
the requester may decline to reveal the requester's identity or | 3215 |
the intended use and when a written request or disclosure of the | 3216 |
identity or intended use would benefit the requester by enhancing | 3217 |
the ability of the public office or person responsible for public | 3218 |
records to identify, locate, or deliver the public records sought | 3219 |
by the requester. | 3220 |
(6) If any person chooses to obtain a copy of a public record | 3221 |
in accordance with division (B) of this section, the public office | 3222 |
or person responsible for the public record may require that | 3223 |
person to pay in advance the cost involved in providing the copy | 3224 |
of the public record in accordance with the choice made by the | 3225 |
person seeking the copy under this division. The public office or | 3226 |
the person responsible for the public record shall permit that | 3227 |
person to choose to have the public record duplicated upon paper, | 3228 |
upon the same medium upon which the public office or person | 3229 |
responsible for the public record keeps it, or upon any other | 3230 |
medium upon which the public office or person responsible for the | 3231 |
public record determines that it reasonably can be duplicated as | 3232 |
an integral part of the normal operations of the public office or | 3233 |
person responsible for the public record. When the person seeking | 3234 |
the copy makes a choice under this division, the public office or | 3235 |
person responsible for the public record shall provide a copy of | 3236 |
it in accordance with the choice made by the person seeking the | 3237 |
copy. Nothing in this section requires a public office or person | 3238 |
responsible for the public record to allow the person seeking a | 3239 |
copy of the public record to make the copies of the public record. | 3240 |
(7) Upon a request made in accordance with division (B) of | 3241 |
this section and subject to division (B)(6) of this section, a | 3242 |
public office or person responsible for public records shall | 3243 |
transmit a copy of a public record to any person by United States | 3244 |
mail or by any other means of delivery or transmission within a | 3245 |
reasonable period of time after receiving the request for the | 3246 |
copy. The public office or person responsible for the public | 3247 |
record may require the person making the request to pay in advance | 3248 |
the cost of postage if the copy is transmitted by United States | 3249 |
mail or the cost of delivery if the copy is transmitted other than | 3250 |
by United States mail, and to pay in advance the costs incurred | 3251 |
for other supplies used in the mailing, delivery, or transmission. | 3252 |
Any public office may adopt a policy and procedures that it | 3253 |
will follow in transmitting, within a reasonable period of time | 3254 |
after receiving a request, copies of public records by United | 3255 |
States mail or by any other means of delivery or transmission | 3256 |
pursuant to this division. A public office that adopts a policy | 3257 |
and procedures under this division shall comply with them in | 3258 |
performing its duties under this division. | 3259 |
In any policy and procedures adopted under this division, a | 3260 |
public office may limit the number of records requested by a | 3261 |
person that the office will transmit by United States mail to ten | 3262 |
per month, unless the person certifies to the office in writing | 3263 |
that the person does not intend to use or forward the requested | 3264 |
records, or the information contained in them, for commercial | 3265 |
purposes. For purposes of this division, "commercial" shall be | 3266 |
narrowly construed and does not include reporting or gathering | 3267 |
news, reporting or gathering information to assist citizen | 3268 |
oversight or understanding of the operation or activities of | 3269 |
government, or nonprofit educational research. | 3270 |
(8) A public office or person responsible for public records | 3271 |
is not required to permit a person who is incarcerated pursuant to | 3272 |
a criminal conviction or a juvenile adjudication to inspect or to | 3273 |
obtain a copy of any public record concerning a criminal | 3274 |
investigation or prosecution or concerning what would be a | 3275 |
criminal investigation or prosecution if the subject of the | 3276 |
investigation or prosecution were an adult, unless the request to | 3277 |
inspect or to obtain a copy of the record is for the purpose of | 3278 |
acquiring information that is subject to release as a public | 3279 |
record under this section and the judge who imposed the sentence | 3280 |
or made the adjudication with respect to the person, or the | 3281 |
judge's successor in office, finds that the information sought in | 3282 |
the public record is necessary to support what appears to be a | 3283 |
justiciable claim of the person. | 3284 |
(9)(a) Upon written request made and signed by a journalist | 3285 |
on or after December 16, 1999, a public office, or person | 3286 |
responsible for public records, having custody of the records of | 3287 |
the agency employing a specified peace officer, parole officer, | 3288 |
probation officer, bailiff, prosecuting attorney, assistant | 3289 |
prosecuting attorney, correctional employee, community-based | 3290 |
correctional facility employee, youth services employee, | 3291 |
firefighter, EMT, | 3292 |
identification and investigation, or federal law enforcement | 3293 |
officer shall disclose to the journalist the address of the actual | 3294 |
personal residence of the peace officer, parole officer, probation | 3295 |
officer, bailiff, prosecuting attorney, assistant prosecuting | 3296 |
attorney, correctional employee, community-based correctional | 3297 |
facility employee, youth services employee, firefighter, EMT, | 3298 |
investigator of the bureau of criminal identification and | 3299 |
investigation, or federal law enforcement officer and, if the | 3300 |
peace officer's, parole officer's, probation officer's, bailiff's, | 3301 |
prosecuting attorney's, assistant prosecuting attorney's, | 3302 |
correctional employee's, community-based correctional facility | 3303 |
employee's, youth services employee's, firefighter's, EMT's, | 3304 |
investigator of the bureau of criminal identification and | 3305 |
investigation's, or federal law enforcement officer's spouse, | 3306 |
former spouse, or child is employed by a public office, the name | 3307 |
and address of the employer of the peace officer's, parole | 3308 |
officer's, probation officer's, bailiff's, prosecuting attorney's, | 3309 |
assistant prosecuting attorney's, correctional employee's, | 3310 |
community-based correctional facility employee's, youth services | 3311 |
employee's, firefighter's, EMT's, | 3312 |
criminal identification and investigation's, or federal law | 3313 |
enforcement officer's spouse, former spouse, or child. The request | 3314 |
shall include the journalist's name and title and the name and | 3315 |
address of the journalist's employer and shall state that | 3316 |
disclosure of the information sought would be in the public | 3317 |
interest. | 3318 |
(b) Division (B)(9)(a) of this section also applies to | 3319 |
journalist requests for customer information maintained by a | 3320 |
municipally owned or operated public utility, other than social | 3321 |
security numbers and any private financial information such as | 3322 |
credit reports, payment methods, credit card numbers, and bank | 3323 |
account information. | 3324 |
(c) As used in division (B)(9) of this section, "journalist" | 3325 |
means a person engaged in, connected with, or employed by any news | 3326 |
medium, including a newspaper, magazine, press association, news | 3327 |
agency, or wire service, a radio or television station, or a | 3328 |
similar medium, for the purpose of gathering, processing, | 3329 |
transmitting, compiling, editing, or disseminating information for | 3330 |
the general public. | 3331 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 3332 |
public office or the person responsible for public records to | 3333 |
promptly prepare a public record and to make it available to the | 3334 |
person for inspection in accordance with division (B) of this | 3335 |
section or by any other failure of a public office or the person | 3336 |
responsible for public records to comply with an obligation in | 3337 |
accordance with division (B) of this section, the person allegedly | 3338 |
aggrieved may commence a mandamus action to obtain a judgment that | 3339 |
orders the public office or the person responsible for the public | 3340 |
record to comply with division (B) of this section, that awards | 3341 |
court costs and reasonable attorney's fees to the person that | 3342 |
instituted the mandamus action, and, if applicable, that includes | 3343 |
an order fixing statutory damages under division (C)(1) of this | 3344 |
section. The mandamus action may be commenced in the court of | 3345 |
common pleas of the county in which division (B) of this section | 3346 |
allegedly was not complied with, in the supreme court pursuant to | 3347 |
its original jurisdiction under Section 2 of Article IV, Ohio | 3348 |
Constitution, or in the court of appeals for the appellate | 3349 |
district in which division (B) of this section allegedly was not | 3350 |
complied with pursuant to its original jurisdiction under Section | 3351 |
3 of Article IV, Ohio Constitution. | 3352 |
If a requestor transmits a written request by hand delivery | 3353 |
or certified mail to inspect or receive copies of any public | 3354 |
record in a manner that fairly describes the public record or | 3355 |
class of public records to the public office or person responsible | 3356 |
for the requested public records, except as otherwise provided in | 3357 |
this section, the requestor shall be entitled to recover the | 3358 |
amount of statutory damages set forth in this division if a court | 3359 |
determines that the public office or the person responsible for | 3360 |
public records failed to comply with an obligation in accordance | 3361 |
with division (B) of this section. | 3362 |
The amount of statutory damages shall be fixed at one hundred | 3363 |
dollars for each business day during which the public office or | 3364 |
person responsible for the requested public records failed to | 3365 |
comply with an obligation in accordance with division (B) of this | 3366 |
section, beginning with the day on which the requester files a | 3367 |
mandamus action to recover statutory damages, up to a maximum of | 3368 |
one thousand dollars. The award of statutory damages shall not be | 3369 |
construed as a penalty, but as compensation for injury arising | 3370 |
from lost use of the requested information. The existence of this | 3371 |
injury shall be conclusively presumed. The award of statutory | 3372 |
damages shall be in addition to all other remedies authorized by | 3373 |
this section. | 3374 |
The court may reduce an award of statutory damages or not | 3375 |
award statutory damages if the court determines both of the | 3376 |
following: | 3377 |
(a) That, based on the ordinary application of statutory law | 3378 |
and case law as it existed at the time of the conduct or | 3379 |
threatened conduct of the public office or person responsible for | 3380 |
the requested public records that allegedly constitutes a failure | 3381 |
to comply with an obligation in accordance with division (B) of | 3382 |
this section and that was the basis of the mandamus action, a | 3383 |
well-informed public office or person responsible for the | 3384 |
requested public records reasonably would believe that the conduct | 3385 |
or threatened conduct of the public office or person responsible | 3386 |
for the requested public records did not constitute a failure to | 3387 |
comply with an obligation in accordance with division (B) of this | 3388 |
section; | 3389 |
(b) That a well-informed public office or person responsible | 3390 |
for the requested public records reasonably would believe that the | 3391 |
conduct or threatened conduct of the public office or person | 3392 |
responsible for the requested public records would serve the | 3393 |
public policy that underlies the authority that is asserted as | 3394 |
permitting that conduct or threatened conduct. | 3395 |
(2)(a) If the court issues a writ of mandamus that orders the | 3396 |
public office or the person responsible for the public record to | 3397 |
comply with division (B) of this section and determines that the | 3398 |
circumstances described in division (C)(1) of this section exist, | 3399 |
the court shall determine and award to the relator all court | 3400 |
costs. | 3401 |
(b) If the court renders a judgment that orders the public | 3402 |
office or the person responsible for the public record to comply | 3403 |
with division (B) of this section, the court may award reasonable | 3404 |
attorney's fees subject to reduction as described in division | 3405 |
(C)(2)(c) of this section. The court shall award reasonable | 3406 |
attorney's fees, subject to reduction as described in division | 3407 |
(C)(2)(c) of this section when either of the following applies: | 3408 |
(i) The public office or the person responsible for the | 3409 |
public records failed to respond affirmatively or negatively to | 3410 |
the public records request in accordance with the time allowed | 3411 |
under division (B) of this section. | 3412 |
(ii) The public office or the person responsible for the | 3413 |
public records promised to permit the relator to inspect or | 3414 |
receive copies of the public records requested within a specified | 3415 |
period of time but failed to fulfill that promise within that | 3416 |
specified period of time. | 3417 |
(c) Court costs and reasonable attorney's fees awarded under | 3418 |
this section shall be construed as remedial and not punitive. | 3419 |
Reasonable attorney's fees shall include reasonable fees incurred | 3420 |
to produce proof of the reasonableness and amount of the fees and | 3421 |
to otherwise litigate entitlement to the fees. The court may | 3422 |
reduce an award of attorney's fees to the relator or not award | 3423 |
attorney's fees to the relator if the court determines both of the | 3424 |
following: | 3425 |
(i) That, based on the ordinary application of statutory law | 3426 |
and case law as it existed at the time of the conduct or | 3427 |
threatened conduct of the public office or person responsible for | 3428 |
the requested public records that allegedly constitutes a failure | 3429 |
to comply with an obligation in accordance with division (B) of | 3430 |
this section and that was the basis of the mandamus action, a | 3431 |
well-informed public office or person responsible for the | 3432 |
requested public records reasonably would believe that the conduct | 3433 |
or threatened conduct of the public office or person responsible | 3434 |
for the requested public records did not constitute a failure to | 3435 |
comply with an obligation in accordance with division (B) of this | 3436 |
section; | 3437 |
(ii) That a well-informed public office or person responsible | 3438 |
for the requested public records reasonably would believe that the | 3439 |
conduct or threatened conduct of the public office or person | 3440 |
responsible for the requested public records as described in | 3441 |
division (C)(2)(c)(i) of this section would serve the public | 3442 |
policy that underlies the authority that is asserted as permitting | 3443 |
that conduct or threatened conduct. | 3444 |
(D) Chapter 1347. of the Revised Code does not limit the | 3445 |
provisions of this section. | 3446 |
(E)(1) To ensure that all employees of public offices are | 3447 |
appropriately educated about a public office's obligations under | 3448 |
division (B) of this section, all elected officials or their | 3449 |
appropriate designees shall attend training approved by the | 3450 |
attorney general as provided in section 109.43 of the Revised | 3451 |
Code. In addition, all public offices shall adopt a public records | 3452 |
policy in compliance with this section for responding to public | 3453 |
records requests. In adopting a public records policy under this | 3454 |
division, a public office may obtain guidance from the model | 3455 |
public records policy developed and provided to the public office | 3456 |
by the attorney general under section 109.43 of the Revised Code. | 3457 |
Except as otherwise provided in this section, the policy may not | 3458 |
limit the number of public records that the public office will | 3459 |
make available to a single person, may not limit the number of | 3460 |
public records that it will make available during a fixed period | 3461 |
of time, and may not establish a fixed period of time before it | 3462 |
will respond to a request for inspection or copying of public | 3463 |
records, unless that period is less than eight hours. | 3464 |
(2) The public office shall distribute the public records | 3465 |
policy adopted by the public office under division (E)(1) of this | 3466 |
section to the employee of the public office who is the records | 3467 |
custodian or records manager or otherwise has custody of the | 3468 |
records of that office. The public office shall require that | 3469 |
employee to acknowledge receipt of the copy of the public records | 3470 |
policy. The public office shall create a poster that describes its | 3471 |
public records policy and shall post the poster in a conspicuous | 3472 |
place in the public office and in all locations where the public | 3473 |
office has branch offices. The public office may post its public | 3474 |
records policy on the internet web site of the public office if | 3475 |
the public office maintains an internet web site. A public office | 3476 |
that has established a manual or handbook of its general policies | 3477 |
and procedures for all employees of the public office shall | 3478 |
include the public records policy of the public office in the | 3479 |
manual or handbook. | 3480 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 3481 |
to Chapter 119. of the Revised Code to reasonably limit the number | 3482 |
of bulk commercial special extraction requests made by a person | 3483 |
for the same records or for updated records during a calendar | 3484 |
year. The rules may include provisions for charges to be made for | 3485 |
bulk commercial special extraction requests for the actual cost of | 3486 |
the bureau, plus special extraction costs, plus ten per cent. The | 3487 |
bureau may charge for expenses for redacting information, the | 3488 |
release of which is prohibited by law. | 3489 |
(2) As used in division (F)(1) of this section: | 3490 |
(a) "Actual cost" means the cost of depleted supplies, | 3491 |
records storage media costs, actual mailing and alternative | 3492 |
delivery costs, or other transmitting costs, and any direct | 3493 |
equipment operating and maintenance costs, including actual costs | 3494 |
paid to private contractors for copying services. | 3495 |
(b) "Bulk commercial special extraction request" means a | 3496 |
request for copies of a record for information in a format other | 3497 |
than the format already available, or information that cannot be | 3498 |
extracted without examination of all items in a records series, | 3499 |
class of records, or database by a person who intends to use or | 3500 |
forward the copies for surveys, marketing, solicitation, or resale | 3501 |
for commercial purposes. "Bulk commercial special extraction | 3502 |
request" does not include a request by a person who gives | 3503 |
assurance to the bureau that the person making the request does | 3504 |
not intend to use or forward the requested copies for surveys, | 3505 |
marketing, solicitation, or resale for commercial purposes. | 3506 |
(c) "Commercial" means profit-seeking production, buying, or | 3507 |
selling of any good, service, or other product. | 3508 |
(d) "Special extraction costs" means the cost of the time | 3509 |
spent by the lowest paid employee competent to perform the task, | 3510 |
the actual amount paid to outside private contractors employed by | 3511 |
the bureau, or the actual cost incurred to create computer | 3512 |
programs to make the special extraction. "Special extraction | 3513 |
costs" include any charges paid to a public agency for computer or | 3514 |
records services. | 3515 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 3516 |
"surveys, marketing, solicitation, or resale for commercial | 3517 |
purposes" shall be narrowly construed and does not include | 3518 |
reporting or gathering news, reporting or gathering information to | 3519 |
assist citizen oversight or understanding of the operation or | 3520 |
activities of government, or nonprofit educational research. | 3521 |
Section 4. That the existing version of section 149.43 of the | 3522 |
Revised Code that is scheduled to take effect March 20, 2015, is | 3523 |
hereby repealed. | 3524 |