Bill Title: To provide for the reporting of assaults in public schools to school administrators and law enforcement authorities.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2009-03-18 - To Education
[HB83 Detail]Download: Ohio-2009-HB83-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Hagan, Yuko, Williams, B., Harris, Mallory
A BILL
| To amend section 2921.22 and to enact sections | 1 |
|
3313.668, 3314.39, and 3326.26 of the Revised Code | 2 |
|
to
provide for the reporting of assaults in | 3 |
|
public
schools to school administrators and law | 4 |
|
enforcement authorities. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2921.22 be amended and sections | 6 |
3313.668, 3314.39, and 3326.26 of the Revised Code be enacted to | 7 |
read as
follows: | 8 |
Sec. 2921.22. (A) No person, knowing that a felony has
been | 9 |
or is being committed, shall knowingly fail to report such | 10 |
information to law enforcement authorities. | 11 |
(B) Except for conditions that are within the scope of | 12 |
division (E) of this section, no
physician,
limited
practitioner, | 13 |
nurse, or other person giving aid to a sick
or injured person | 14 |
shall
negligently fail to report to law
enforcement authorities | 15 |
any
gunshot or stab wound
treated or observed
by the
physician, | 16 |
limited practitioner, nurse,
or person, or any serious physical | 17 |
harm to persons that the
physician, limited practitioner, nurse, | 18 |
or
person knows or has
reasonable cause to
believe resulted from | 19 |
an offense of violence. | 20 |
(C) No person who discovers the body or acquires the first | 21 |
knowledge of the death of a person shall fail to report the
death | 22 |
immediately to a physician whom the person knows to be
treating | 23 |
the deceased for a condition from which death at such
time would | 24 |
not be unexpected, or to a law enforcement officer,
an ambulance | 25 |
service,
an emergency squad, or the coroner in a political | 26 |
subdivision in which the body is discovered, the death is
believed | 27 |
to have occurred, or knowledge concerning the death is
obtained. | 28 |
(D) No person shall fail to provide upon request of the | 29 |
person to whom
a report required by division (C) of
this section | 30 |
was made, or to any law enforcement officer who has
reasonable | 31 |
cause to assert the authority to investigate the
circumstances | 32 |
surrounding the death, any facts within the
person's
knowledge | 33 |
that may have a bearing on the investigation of the
death. | 34 |
(E)(1) As used in this division, "burn injury" means any
of | 35 |
the following: | 36 |
(a) Second or third degree burns; | 37 |
(b) Any burns to the upper respiratory tract or laryngeal | 38 |
edema due to the inhalation of superheated air; | 39 |
(c) Any burn injury or wound that may result in death; | 40 |
(d) Any physical harm to persons caused by or as the result | 41 |
of the use of fireworks, novelties and trick noisemakers, and wire | 42 |
sparklers, as each is defined by section 3743.01 of the Revised | 43 |
Code. | 44 |
(2) No physician, nurse, or limited practitioner who,
outside | 45 |
a hospital, sanitarium, or other medical facility,
attends
or | 46 |
treats a person who has sustained a burn injury
that is
inflicted | 47 |
by an
explosion or other incendiary device or that
shows evidence | 48 |
of
having been inflicted in a violent, malicious,
or criminal | 49 |
manner
shall fail to report the burn injury
immediately to the | 50 |
local
arson, or fire and explosion
investigation, bureau, if there | 51 |
is
a bureau
of this type in
the jurisdiction in
which the person | 52 |
is attended or treated,
or
otherwise to local law
enforcement | 53 |
authorities. | 54 |
(3) No manager, superintendent, or other person in charge
of | 55 |
a hospital, sanitarium, or other medical facility in which a | 56 |
person is attended or treated for any burn injury
that is | 57 |
inflicted by an
explosion or other incendiary device or that
shows | 58 |
evidence of
having been inflicted in a violent, malicious,
or | 59 |
criminal
manner
shall fail to report the burn injury
immediately | 60 |
to the
local
arson, or fire and explosion
investigation, bureau, | 61 |
if there is
a bureau
of this type in
the jurisdiction
in
which the | 62 |
person is attended or treated, or
otherwise to local
law | 63 |
enforcement authorities. | 64 |
(4) No person who is required to report any burn injury
under | 65 |
division (E)(2) or (3) of this section shall fail to file,
within | 66 |
three working days after attending or treating the victim,
a | 67 |
written report of the burn injury with the office of the state | 68 |
fire marshal. The report shall
comply
with the uniform standard | 69 |
developed by the
state fire marshal
pursuant to division (A)(15) | 70 |
of section 3737.22 of the Revised
Code. | 71 |
(5) Anyone participating in the making of reports under | 72 |
division (E) of this section or anyone participating in a
judicial | 73 |
proceeding resulting from the reports is immune
from any civil or | 74 |
criminal liability that otherwise might be
incurred or imposed as | 75 |
a result of such actions. Notwithstanding
section 4731.22 of the | 76 |
Revised Code, the physician-patient
relationship is not a ground | 77 |
for excluding evidence regarding a
person's burn injury or the | 78 |
cause of the burn injury in any
judicial proceeding resulting from | 79 |
a report submitted
under division (E) of this section. | 80 |
(F)(1) Any doctor of medicine or osteopathic medicine, | 81 |
hospital intern or
resident, registered or licensed practical | 82 |
nurse, psychologist, social worker,
independent social worker, | 83 |
social work assistant, professional
clinical counselor, or | 84 |
professional counselor who knows or has reasonable
cause to | 85 |
believe that a patient or client
has been the victim of domestic | 86 |
violence, as defined in section 3113.31 of the
Revised Code, shall | 87 |
note that knowledge or belief and the basis for it in the | 88 |
patient's or client's records. | 89 |
(2) Notwithstanding section 4731.22 of the Revised Code, the | 90 |
doctor-patient
privilege shall not be a ground for excluding any | 91 |
information regarding the
report containing the knowledge or | 92 |
belief noted
under division (F)(1) of
this section,
and the | 93 |
information may be admitted as evidence in accordance
with
the | 94 |
Rules of Evidence. | 95 |
(G)
Divisions (A)
and (D) of this section
do
not require | 96 |
disclosure of information, when any of the following
applies: | 97 |
(1) The information is privileged by reason of the | 98 |
relationship between attorney and client; doctor and
patient; | 99 |
licensed psychologist or licensed school psychologist
and client; | 100 |
member of the clergy, rabbi,
minister, or priest and any person | 101 |
communicating information confidentially to the member of the | 102 |
clergy, rabbi, minister, or priest for a religious
counseling | 103 |
purpose
of a professional
character;
husband and wife; or a | 104 |
communications
assistant and those who are a party to
a | 105 |
telecommunications relay service call. | 106 |
(2) The information would tend to incriminate a member of
the | 107 |
actor's immediate family. | 108 |
(3) Disclosure of the information would amount to
revealing
a | 109 |
news source, privileged under section 2739.04 or
2739.12 of the | 110 |
Revised Code. | 111 |
(4) Disclosure of the information would amount to
disclosure | 112 |
by a member of the ordained clergy of an organized religious
body | 113 |
of a confidential communication made to that member of the clergy
| 114 |
in that member's
capacity as a
member of
the clergy by a person | 115 |
seeking the aid or counsel of that member
of the clergy. | 116 |
(5) Disclosure would amount to revealing information
acquired | 117 |
by the actor in the course of the actor's duties in
connection | 118 |
with a bona fide program of treatment or services for
drug | 119 |
dependent persons or persons in danger of drug dependence,
which | 120 |
program is maintained or conducted by a hospital, clinic,
person, | 121 |
agency, or organization certified pursuant to section
3793.06 of | 122 |
the Revised Code. | 123 |
(6) Disclosure would amount to revealing information
acquired | 124 |
by the actor in the course of the actor's duties in
connection | 125 |
with a bona fide program for providing counseling
services to | 126 |
victims of crimes that are violations of section
2907.02 or | 127 |
2907.05 of the Revised Code or to victims of felonious
sexual | 128 |
penetration in
violation of former section 2907.12 of the
Revised | 129 |
Code. As used in this
division, "counseling services"
include | 130 |
services provided in an
informal setting by a person who,
by | 131 |
education or experience, is
competent to provide
those
services. | 132 |
(7) The actor is an employee of a school district, a | 133 |
community school established under Chapter 3314. of the Revised | 134 |
Code, a STEM school established under Chapter 3326. of the Revised | 135 |
Code, or a private school bus operator as defined in section | 136 |
3313.668 of the Revised Code, and the information involves an | 137 |
assault that is required to be reported to law enforcement | 138 |
authorities by a district, community school, or STEM school | 139 |
employee other than
the actor under section 3313.668, 3314.39, | 140 |
or 3326.26 of the Revised Code. | 141 |
(H) No disclosure of information pursuant to this section | 142 |
gives rise to any liability or recrimination for a breach of | 143 |
privilege or confidence. | 144 |
(I) Whoever violates division (A) or (B) of this section
is | 145 |
guilty of failure to report a crime. Violation of division
(A) of | 146 |
this section is a misdemeanor of the fourth degree.
Violation of | 147 |
division (B) of this section is a misdemeanor of the
second | 148 |
degree. | 149 |
(J) Whoever violates division (C) or (D) of this section
is | 150 |
guilty of failure to report knowledge of a death, a
misdemeanor of | 151 |
the fourth degree. | 152 |
(K)(1) Whoever negligently violates division (E) of this | 153 |
section is guilty of a minor misdemeanor. | 154 |
(2) Whoever knowingly violates division (E) of this
section | 155 |
is guilty of a misdemeanor of the second degree. | 156 |
Sec. 3313.668. As used in this section, "private school bus | 157 |
operator" means a school bus operator employed by a private entity | 158 |
to provide transportation services for a school district pursuant | 159 |
to a contract with the district. | 160 |
(A) Each employee of a school district and each private | 161 |
school bus operator shall immediately report any assault on a | 162 |
student, district employee, or private school bus operator of | 163 |
which the employee or operator is aware and that occurs in or on | 164 |
the premises of a school operated by the district, during a | 165 |
school-sponsored event held off of district property, or on a | 166 |
school bus transporting students, as follows: | 167 |
(1) If the victim of the assault is a student enrolled in the | 168 |
district, to the principal of the school at which the assault | 169 |
occurred or, if the assault occurred off of district property or | 170 |
on a school bus, to the principal of the school the student | 171 |
attends; | 172 |
(2) If the victim of the assault is a student enrolled in a | 173 |
community school established under Chapter 3314. of the Revised | 174 |
Code, a STEM school established under Chapter 3326. of the Revised | 175 |
Code, or a nonpublic school, to the principal of any | 176 |
district-operated school; | 177 |
(3) If the victim of the assault is an employee of the | 178 |
district, to the principal of the school at which the assault | 179 |
occurred or, if the assault occurred off of district property or | 180 |
on a school bus, to the principal of the school at which the | 181 |
employee is employed; | 182 |
(4) If the victim of the assault is a private school bus | 183 |
operator, to the principal of any district-operated school. | 184 |
(B) Within twenty-four hours after receiving a report of an | 185 |
assault under division (A) of this section, a principal shall | 186 |
provide a written summary of the incident to the district | 187 |
superintendent. The superintendent shall immediately notify law | 188 |
enforcement authorities of the incident. | 189 |
(C) If the alleged perpetrator of the assault is a student | 190 |
enrolled in the district, the superintendent or the principal of | 191 |
the student's school shall initiate any disciplinary actions | 192 |
required by the policy adopted by the district board of education | 193 |
under section 3313.661 of the Revised Code. | 194 |
(D) Within seven school days after receiving a written | 195 |
summary of an incident involving an assault, the superintendent | 196 |
shall notify the district board of the incident, whether law | 197 |
enforcement authorities are conducting an investigation of the | 198 |
incident, and any disciplinary actions that have been taken | 199 |
against the persons involved in the incident. | 200 |
(E) If a school district employee fails to report an assault | 201 |
as required by division (A) of this section or a principal fails | 202 |
to provide a written summary of an assault to the superintendent | 203 |
as required by division (B) of this section, the superintendent | 204 |
and the board jointly shall determine any disciplinary actions | 205 |
that should be taken against the employee or principal. If a | 206 |
superintendent fails to notify law enforcement authorities of an | 207 |
assault as required by division (B) of this section, the district | 208 |
board shall determine any disciplinary actions that should be | 209 |
taken against the superintendent. | 210 |
(F) A principal, other school district employee, or private | 211 |
school bus operator who reports an assault, or a superintendent | 212 |
who notifies law enforcement authorities of an assault, in | 213 |
compliance with this section and in good faith shall be | 214 |
individually immune from liability in a civil action for damages | 215 |
arising from the report or notification. | 216 |
Sec. 3314.39. (A) Each employee of a community school or of | 217 |
a community school's operator shall immediately report to the | 218 |
principal or chief administrative officer of the school any | 219 |
assault on a student or employee of the school or operator of | 220 |
which the employee is aware and that occurs in or on the premises | 221 |
of the school, during a school-sponsored event held off of school | 222 |
property, or on a school bus transporting students enrolled in the | 223 |
school. | 224 |
(B) After receiving a report of an assault under division (A) | 225 |
of this section, the principal or chief administrative officer | 226 |
shall immediately notify law enforcement authorities of the | 227 |
incident. | 228 |
(C) If the alleged perpetrator of the assault is a student | 229 |
enrolled in the school, the principal or chief administrative | 230 |
officer shall initiate any disciplinary actions required by the | 231 |
policy adopted by the school's governing authority in accordance | 232 |
with section 3313.661 of the Revised Code. | 233 |
(D) Within seven school days after receiving a report of an | 234 |
assault, the principal or chief administrative officer shall | 235 |
notify the school's governing authority of the incident, whether | 236 |
law enforcement authorities are conducting an investigation of the | 237 |
incident, and any disciplinary actions that have been taken | 238 |
against the persons involved in the incident. | 239 |
(E) If a school or operator employee fails to report an | 240 |
assault as required by division (A) of this section or a principal | 241 |
or chief administrative officer fails to notify law enforcement | 242 |
authorities of an assault as required by division (B) of this | 243 |
section, the governing authority of the school shall determine any | 244 |
disciplinary actions that should be taken against the employee, | 245 |
principal, or chief administrative officer. | 246 |
(F) A school or operator employee who reports an assault, or | 247 |
a principal or chief administrative officer who notifies law | 248 |
enforcement authorities of an assault, in compliance with this | 249 |
section and in good faith shall be individually immune from | 250 |
liability in a civil action for damages arising from the report or | 251 |
notification. | 252 |
Sec. 3326.26. (A) Each employee of a STEM school shall | 253 |
immediately report to the chief administrative officer of the | 254 |
school any
assault on a student or employee of the school of | 255 |
which the employee is aware and that occurs in or on the premises | 256 |
of the school, during a school-sponsored event held off of school | 257 |
property, or on a school bus transporting students enrolled in the | 258 |
school. | 259 |
(B) After receiving a report of an assault under division (A) | 260 |
of this section, the chief administrative officer
shall | 261 |
immediately notify law enforcement authorities of the
incident. | 262 |
(C) If the alleged perpetrator of the assault is a student | 263 |
enrolled in the school, the chief administrative
officer shall | 264 |
initiate any disciplinary actions required by the
policy adopted | 265 |
by the school's governing body in accordance
with section | 266 |
3313.661 of the Revised Code. | 267 |
(D) Within seven school days after receiving a report of an | 268 |
assault, the chief administrative officer shall
notify the | 269 |
school's governing body of the incident, whether
law enforcement | 270 |
authorities are conducting an investigation of the
incident, and | 271 |
any disciplinary actions that have been taken
against the persons | 272 |
involved in the incident. | 273 |
(E) If a school employee fails to report an
assault as | 274 |
required by division (A) of this section or a chief administrative | 275 |
officer fails to notify law enforcement
authorities of an assault | 276 |
as required by division (B) of this
section, the governing body | 277 |
of the school shall determine any
disciplinary actions that | 278 |
should be taken against the employee or chief administrative | 279 |
officer. | 280 |
(F) A school employee who reports an assault, or
a chief | 281 |
administrative officer who notifies law
enforcement authorities | 282 |
of an assault, in compliance with this
section and in good faith | 283 |
shall be individually immune from
liability in a civil action for | 284 |
damages arising from the report or
notification. | 285 |
Section 2. That existing section 2921.22 of the Revised Code | 286 |
is hereby repealed. | 287 |