Bill Text: OH SB60 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To eliminate the journalist access exception from the general prohibition on the release of confidential records relative to the issuance, renewal, suspension, or revocation of a concealed handgun license.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2013-03-05 - To Criminal Justice [SB60 Detail]

Download: Ohio-2013-SB60-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 60

Senator Uecker 

Cosponsors: Senators Jordan, Beagle 

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A BILL

To amend section 2923.129 of the Revised Code to

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eliminate the journalist access exception from the

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general prohibition on the release of confidential

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records relative to the issuance, renewal,

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suspension, or revocation of a concealed handgun

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license.

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

Section 1. That section 2923.129 of the Revised Code be	7
amended to read as follows:	8

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	9
bureau of criminal identification and investigation, the employees	10
of the bureau, the Ohio peace officer training commission, or the	11
employees of the commission make a good faith effort in performing	12
the duties imposed upon the sheriff, the superintendent, the	13
bureau's employees, the commission, or the commission's employees	14
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	15
Revised Code, in addition to the personal immunity provided by	16
section 9.86 of the Revised Code or division (A)(6) of section	17
2744.03 of the Revised Code and the governmental immunity of	18
sections 2744.02 and 2744.03 of the Revised Code and in addition	19
to any other immunity possessed by the bureau, the commission, and	20
their employees, the sheriff, the sheriff's office, the county in	21
which the sheriff has jurisdiction, the bureau, the superintendent	22
of the bureau, the bureau's employees, the commission, and the	23
commission's employees are immune from liability in a civil action	24
for injury, death, or loss to person or property that allegedly	25
was caused by or related to any of the following:	26

(a) The issuance, renewal, suspension, or revocation of a	27
concealed handgun license;	28

(b) The failure to issue, renew, suspend, or revoke a	29
concealed handgun license;	30

(c) Any action or misconduct with a handgun committed by a	31
licensee.	32

(2) Any action of a sheriff relating to the issuance,	33
renewal, suspension, or revocation of a concealed handgun license	34
shall be considered to be a governmental function for purposes of	35
Chapter 2744. of the Revised Code.	36

(3) An entity that or instructor who provides a competency	37
certification of a type described in division (B)(3) of section	38
2923.125 of the Revised Code is immune from civil liability that	39
might otherwise be incurred or imposed for any death or any injury	40
or loss to person or property that is caused by or related to a	41
person to whom the entity or instructor has issued the competency	42
certificate if all of the following apply:	43

(a) The alleged liability of the entity or instructor relates	44
to the training provided in the course, class, or program covered	45
by the competency certificate.	46

(b) The entity or instructor makes a good faith effort in	47
determining whether the person has satisfactorily completed the	48
course, class, or program and makes a good faith effort in	49
assessing the person in the competency examination conducted	50
pursuant to division (G)(2) of section 2923.125 of the Revised	51
Code.	52

(c) The entity or instructor did not issue the competency	53
certificate with malicious purpose, in bad faith, or in a wanton	54
or reckless manner.	55

(4) An entity that or instructor who, prior to the effective	56
date of this amendmentMarch 27, 2013, provides a renewed	57
competency certification of a type described in division (G)(4) of	58
section 2923.125 of the Revised Code as it existed prior to the	59
effective date of this amendmentMarch 27, 2013, is immune from	60
civil liability that might otherwise be incurred or imposed for	61
any death or any injury or loss to person or property that is	62
caused by or related to a person to whom the entity or instructor	63
has issued the renewed competency certificate if all of the	64
following apply:	65

(a) The entity or instructor makes a good faith effort in	66
assessing the person in the physical demonstrations or the	67
competency examination conducted pursuant to division (G)(4) of	68
section 2923.125 of the Revised Code as it existed prior to the	69
effective date of this amendmentMarch 27, 2013.	70

(b) The entity or instructor did not issue the renewed	71
competency certificate with malicious purpose, in bad faith, or in	72
a wanton or reckless manner.	73

(5) A law enforcement agency that employs a peace officer is	74
immune from liability in a civil action to recover damages for	75
injury, death, or loss to person or property allegedly caused by	76
any act of that peace officer if the act occurred while the peace	77
officer carried a concealed handgun and was off duty and if the	78
act allegedly involved the peace officer's use of the concealed	79
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	80
Code apply to any civil action involving a peace officer's use of	81
a concealed handgun in the performance of the peace officer's	82
official duties while the peace officer is off duty.	83

(B)(1) Notwithstanding section 149.43 of the Revised Code,	84
except as provided in division (B)(2) of this section, the records	85
that a sheriff keeps relative to the issuance, renewal,	86
suspension, or revocation of a concealed handgun license,	87
including, but not limited to, completed applications for the	88
issuance or renewal of a license, completed affidavits submitted	89
regarding an application for a license on a temporary emergency	90
basis, reports of criminal records checks and incompetency records	91
checks under section 311.41 of the Revised Code, and applicants'	92
social security numbers and fingerprints that are obtained under	93
division (A) of section 311.41 of the Revised Code, are	94
confidential and are not public records. Except as provided in	95
division (B)(2) of this section, noNo person shall release or	96
otherwise disseminate records that are confidential under this	97
division unless required to do so pursuant to a court order.	98

(2)(a) A journalist, on or after April 8, 2004, may submit to	99
a sheriff a signed, written request to view the name, county of	100
residence, and date of birth of each person to whom the sheriff	101
has issued, renewed, or issued a replacement for a concealed	102
handgun license, or a signed, written request to view the name,	103
county of residence, and date of birth of each person for whom the	104
sheriff has suspended or revoked a concealed handgun license. The	105
request shall include the journalist's name and title, shall	106
include the name and address of the journalist's employer, and	107
shall state that disclosure of the information sought would be in	108
the public interest. If a journalist submits a signed, written	109
request to the sheriff to view the information described in this	110
division, the sheriff shall grant the journalist's request. The	111
journalist shall not copy the name, county of residence, or date	112
of birth of each person to or for whom the sheriff has issued,	113
suspended, or revoked a license described in this division.	114

(b) As used in division (B)(2) of this section, "journalist"	115
means a person engaged in, connected with, or employed by any news	116
medium, including a newspaper, magazine, press association, news	117
agency, or wire service, a radio or television station, or a	118
similar medium, for the purpose of gathering, processing,	119
transmitting, compiling, editing, or disseminating information for	120
the general public.	121

(C) Each sheriff shall report to the Ohio peace officer	122
training commission the number of concealed handgun licenses that	123
the sheriff issued, renewed, suspended, revoked, or denied under	124
section 2923.125 of the Revised Code during the previous quarter	125
of the calendar year, the number of applications for those	126
licenses for which processing was suspended in accordance with	127
division (D)(3) of section 2923.125 of the Revised Code during the	128
previous quarter of the calendar year, and the number of concealed	129
handgun licenses on a temporary emergency basis that the sheriff	130
issued, suspended, revoked, or denied under section 2923.1213 of	131
the Revised Code during the previous quarter of the calendar year.	132
The sheriff shall not include in the report the name or any other	133
identifying information of an applicant or licensee. The sheriff	134
shall report that information in a manner that permits the	135
commission to maintain the statistics described in division (C) of	136
section 109.731 of the Revised Code and to timely prepare the	137
statistical report described in that division. The information	138
that is received by the commission under this division is a public	139
record kept by the commission for the purposes of section 149.43	140
of the Revised Code.	141

(D) Law enforcement agencies may use the information a	142
sheriff makes available through the use of the law enforcement	143
automated data system pursuant to division (H) of section 2923.125	144
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	145
for law enforcement purposes only. The information is confidential	146
and is not a public record. A person who releases or otherwise	147
disseminates this information obtained through the law enforcement	148
automated data system in a manner not described in this division	149
is guilty of a violation of section 2913.04 of the Revised Code.	150

(E) Whoever violates division (B) of this section is guilty	151
of illegal release of confidential concealed handgun license	152
records, a felony of the fifth degree. In addition to any	153
penalties imposed under Chapter 2929. of the Revised Code for a	154
violation of division (B) of this section or a violation of	155
section 2913.04 of the Revised Code described in division (D) of	156
this section, if the offender is a sheriff, an employee of a	157
sheriff, or any other public officer or employee, and if the	158
violation was willful and deliberate, the offender shall be	159
subject to a civil fine of one thousand dollars. Any person who is	160
harmed by a violation of division (B) or (C) of this section or a	161
violation of section 2913.04 of the Revised Code described in	162
division (D) of this section has a private cause of action against	163
the offender for any injury, death, or loss to person or property	164
that is a proximate result of the violation and may recover court	165
costs and attorney's fees related to the action.	166

Section 2. That existing section 2923.129 of the Revised Code	167
is hereby repealed.	168