HB 72: Prohibit public funding for lethal injection drugs; death penalty
The bill prohibits the use of lethal injection drugs for nontherapeutic abortions and assisting suicide, and abolishes the death penalty. It also modifies the number of jurors that can be challenged in cases where a defendant may be sentenced to life imprisonment. The bill prevents the state or any political subdivision from expending funds for insurance coverage of lethal injection drugs for these purposes. However, the state can still provide coverage for nontherapeutic abortions through individual policies if the individual pays for the costs. The bill also prohibits the use of lethal injection drugs for executing a death sentence.<br>The bill aims to regulate the operation of correctional facilities in the state that house out-of-state prisoners. Only local public entities or private contractors with a contract under a certain section are authorized to operate these facilities. The…
| Feb. 12, 2025 | Referred to committee: Judiciary |
| Feb. 10, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session H. B. No. 72 2025-2026 Representatives Schmidt, Mathews, A.
Cosponsors: Representatives Barhorst, Deeter, Johnson, Lorenz, Robb Blasdel, Salvo, Callender, Ritter, Thomas, D., Ferguson, Richardson
A B I L L
To amend sections 9.04, 9.07, 120.03, 120.041, 1
120.06, 120.14, 120.16, 120.18, 120.24, 120.26, 2
120.28, 120.33, 120.34, 149.43, 149.436, 3
1901.183, 2152.13, 2152.67, 2301.20, 2307.60, 4
2317.02, 2701.07, 2743.51, 2901.02, 2909.24, 5
2929.02, 2929.13, 2929.14, 2929.61, 2930.19, 6
2937.222, 2941.021, 2941.14, 2941.148, 2941.401, 7
2941.43, 2941.51, 2945.06, 2945.10, 2945.13, 8
2945.21, 2945.25, 2945.33, 2945.38, 2949.02, 9
2949.03, 2953.02, 2953.07, 2953.08, 2953.09, 10
2953.10, 2953.21, 2953.23, 2953.71, 2953.72, 11
2953.73, 2953.81, 2967.05, 2967.12, 2967.13, 12
2967.193, 2967.194, 2971.03, 2971.07, 3901.87, 13
5101.56, 5120.113, 5120.53, 5120.61, 5139.04, 14
and 5919.16 and to repeal sections 109.97, 15
120.35, 2725.19, 2929.021, 2929.022, 2929.023, 16
2929.024, 2929.025, 2929.03, 2929.04, 2929.05, 17
2929.06, 2945.20, 2947.08, 2949.21, 2949.22, 18
2949.221, 2949.222, 2949.24, 2949.25, 2949.26, 19
2949.27, 2949.28, 2949.29, 2949.31, and 2967.08 20
of the Revised Code to prohibit public funding 21
for and insurance coverage of the use of lethal 22
H. B. No. 72 As Introduced
injection drugs in nontherapeutic abortions and 23
assisting suicide, to abolish the death penalty, 24
and to modify the number of jurors that may be 25
challenged in cases where a defendant may be 26
sentenced to life imprisonment. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.04, 9.07, 120.03, 120.041, 28
120.06, 120.14, 120.16, 120.18, 120.24, 120.26, 120.28, 120.33, 29
120.34, 149.43, 149.436, 1901.183, 2152.13, 2152.67, 2301.20, 30
2307.60, 2317.02, 2701.07, 2743.51, 2901.02, 2909.24, 2929.02, 31
2929.13, 2929.14, 2929.61, 2930.19, 2937.222, 2941.021, 2941.14, 32
2941.148, 2941.401, 2941.43, 2941.51, 2945.06, 2945.10, 2945.13, 33
2945.21, 2945.25, 2945.33, 2945.38, 2949.02, 2949.03, 2953.02, 34
2953.07, 2953.08, 2953.09, 2953.10, 2953.21, 2953.23, 2953.71, 35
2953.72, 2953.73, 2953.81, 2967.05, 2967.12, 2967.13, 2967.193, 36
2967.194, 2971.03, 2971.07, 3901.87, 5101.56, 5120.113, 5120.53, 37
5120.61, 5139.04, and 5919.16 of the Revised Code be amended to 38
read as follows: 39
Sec. 9.04. (A) As used in this section:
(1) "Assisting suicide" has the same meaning as in section 41
3795.01 of the Revised Code. 42
(2) "Lethal injection drug" means any drug or combination 43
of drugs, or a compounding component or active pharmaceutical 44
ingredient, used to quickly and painlessly cause death. 45
(3) "Nontherapeutic abortion" means an abortion that is 46
performed or induced when the life of the mother would not be 47
H. B. No. 72 As Introduced
endangered if the fetus were carried to term or when the 48
pregnancy of the mother was not the result of rape or incest 49
reported to a law enforcement agency. 50
(2) (4) "Policy, contract, or plan" means a policy, 51
contract, or plan of one or more insurance companies, medical 52
care corporations, health care corporations, health maintenance 53
organizations, preferred provider organizations, or other 54
entities that provides health, medical, hospital, or surgical 55
coverage, benefits, or services to elected or appointed officers 56
or employees of the state or any political subdivision thereof. 57
"Policy, contract, or plan" includes a plan that is associated 58
with a self-insurance program and a policy, contract, or plan 59
that implements a collective bargaining agreement. 60
(3) (5) "Political subdivision" means any body corporate 61
and politic that is responsible for governmental activities in a 62
geographic area smaller than the state, except that "political 63
subdivision" does not include either of the following: 64
(a) A municipal corporation; 65
(b) A county that has adopted a charter under Section 3 of 66
Article X, Ohio Constitution, to the extent that it is 67
exercising the powers of local self-government as provided in 68
that charter and is subject to Section 3 of Article XVIII, Ohio 69
Constitution. 70
(4) (6) "State" means the state of Ohio, including the 71
general assembly, the supreme court, the offices of all elected 72
state officers, and all departments, boards, offices, 73
commissions, agencies, colleges and universities, institutions, 74
and other instrumentalities of the state of Ohio. "State" does 75
not include political subdivisions. 76
H. B. No. 72 As Introduced
(B) Subject to division (C) of this section and unless 77
required by the United States Constitution, Ohio Constitution, 78
or by federal statute, regulation, or decisions of federal 79
courts, but notwithstanding other provisions of the Revised Code 80
that conflict with the prohibition specified in this division, 81
funds of the state or any political subdivision thereof shall 82
not be expended directly or indirectly to pay the costs, 83
premiums, or charges associated with a policy, contract, or plan 84
if the policy, contract, or plan provides coverage, benefits, or 85
services related to a any of the following: 86
(1) A nontherapeutic abortion, including through the use 87
of lethal injection drugs; 88
(2) Assisting suicide through the use of lethal injection 89
drugs; 90
(3) Executing a death sentence through the use of lethal 91
injection drugs. 92
(C) Division (B) of this section does not preclude the 93
state or any political subdivision thereof from expending funds 94
to pay the costs, premiums, or charges associated with a policy, 95
contract, or plan that includes a rider or other provision 96
offered on an individual basis under which an elected or 97
appointed official or employee who accepts the offer of the 98
rider or provision may obtain coverage of a nontherapeutic 99
abortion through the policy, contract, or plan if the individual 100
pays for all of the costs, premiums, or charges associated with 101
the rider or provision, including all administrative expenses 102
related to the rider or provision and any claim made for a 103
nontherapeutic abortion. 104
(D) In addition to the laws specified in division (A) of 105
H. B. No. 72 As Introduced
section 4117.10 of the Revised Code that prevail over 106
conflicting provisions of agreements between employee 107
organizations and public employers, divisions (B) and (C) of 108
this section shall prevail over conflicting provisions of that 109
nature. 110
(E) Notwithstanding section 1.50 of the Revised Code, if 111
any provision of this section, section 3901.87 of the Revised 112
Code, or section 5101.56 of the Revised Code is held invalid, or 113
if the application of any provision of these sections to any 114
person or circumstance is held invalid, then these sections 115
cease to operate. 116
Sec. 9.07. (A) As used in this section: 117
(1) "Deadly weapon" has the same meaning as in section 118
2923.11 of the Revised Code. 119
(2) "Governing authority of a local public entity" means 120
whichever of the following is applicable: 121
(a) For a county, the board of county commissioners of the 122
county; 123
(b) For a municipal corporation, the legislative authority 124
of the municipal corporation; 125
(c) For a combination of counties, a combination of 126
municipal corporations, or a combination of one or more counties 127
and one or more municipal corporations, all boards of county 128
commissioners and legislative authorities of all of the counties 129
and municipal corporations that combined to form a local public 130
entity for purposes of this section. 131
(3) "Local public entity" means a county, a municipal 132
corporation, a combination of counties, a combination of 133
H. B. No. 72 As Introduced
municipal corporations, or a combination of one or more counties 134
and one or more municipal corporations. 135
(4) "Non-contracting political subdivision" means any 136
political subdivision to which all of the following apply: 137
(a) A correctional facility for the housing of out-of- 138
state prisoners in this state is or will be located in the 139
political subdivision. 140
(b) The correctional facility described in division (A)(4) 141
(a) of this section is being operated and managed, or will be 142
operated and managed, by a local public entity or a private 143
contractor pursuant to a contract entered into prior to March 144
17, 1998, or a contract entered into on or after March 17, 1998, 145
under this section. 146
(c) The political subdivision is not a party to the 147
contract described in division (A)(4)(b) of this section for the 148
management and operation of the correctional facility. 149
(5) "Out-of-state jurisdiction" means the United States, 150
any state other than this state, and any political subdivision 151
or other jurisdiction located in a state other than this state. 152
(6) "Out-of-state prisoner" means a person who is 153
convicted of a crime in another state or under the laws of the 154
United States or who is found under the laws of another state or 155
of the United States to be a delinquent child or the 156
substantially equivalent designation. 157
(7) "Private contractor" means either of the following: 158
(a) A person who, on or after March 17, 1998, enters into 159
a contract under this section with a local public entity to 160
operate and manage a correctional facility in this state for 161
H. B. No. 72 As Introduced
out-of-state prisoners. 162
(b) A person who, pursuant to a contract with a local 163
public entity entered into prior to March 17, 1998, operates and 164
manages on March 17, 1998, a correctional facility in this state 165
for housing out-of-state prisoners. 166
(B) Subject to division (I) of this section, the only entities other than this state that are authorized to operate a correctional facility to house out-of-state prisoners in this state are a local public entity that operates a correctional facility pursuant to this section or a private contractor that operates a correctional facility pursuant to this section under a contract with a local public entity.
Subject to division (I) of this section, a private entity 174
may operate a correctional facility in this state for the 175
housing of out-of-state prisoners only if the private entity is 176
a private contractor that enters into a contract that comports 177
with division (D) of this section with a local public entity for 178
the management and operation of the correctional facility. 179
(C)(1) Except as provided in this division, on and after 180
March 17, 1998, a local public entity shall not enter into a 181
contract with an out-of-state jurisdiction to house out-of-state 182
prisoners in a correctional facility in this state. On and after 183
March 17, 1998, a local public entity may enter into a contract 184
with an out-of-state jurisdiction to house out-of-state 185
prisoners in a correctional facility in this state only if the 186
local public entity and the out-of-state jurisdiction with which 187
the local public entity intends to contract jointly submit to 188
the department of rehabilitation and correction a statement that 189
certifies the correctional facility's intended use, intended 190
prisoner population, and custody level, and the department 191
H. B. No. 72 As Introduced
reviews and comments upon the plans for the design or renovation 192
of the correctional facility regarding their suitability for the 193
intended prisoner population specified in the submitted 194
statement. 195
(2) If a local public entity and an out-of-state 196
jurisdiction enter into a contract to house out-of-state 197
prisoners in a correctional facility in this state as authorized 198
under division (C)(1) of this section, in addition to any other 199
provisions it contains, the contract shall include whichever of 200
the following provisions is applicable: 201
(a) If a private contractor will operate the facility in 202
question pursuant to a contract entered into in accordance with 203
division (D) of this section, a requirement that, if the 204
facility is closed or ceases to operate for any reason and if 205
the conversion plan described in division (D)(16) of this 206
section is not complied with, the out-of-state jurisdiction will 207
be responsible for housing and transporting the prisoners who 208
are in the facility at the time it is closed or ceases to 209
operate and for the cost of so housing and transporting those 210
prisoners; 211
(b) If a private contractor will not operate the facility 212
in question pursuant to a contract entered into in accordance 213
with division (D) of this section, a conversion plan that will 214
be followed if, for any reason, the facility is closed or ceases 215
to operate. The conversion plan shall include, but is not 216
limited to, provisions that specify whether the local public 217
entity or the out-of-state jurisdiction will be responsible for 218
housing and transporting the prisoners who are in the facility 219
at the time it is closed or ceases to operate and for the cost 220
of so housing and transporting those prisoners. 221
H. B. No. 72 As Introduced
(3) If a local public entity and an out-of-state 222
jurisdiction intend to enter into a contract to house out-of- 223
state prisoners in a correctional facility in this state as 224
authorized under division (C)(1) of this section, or if a local 225
public entity and a private contractor intend to enter into a 226
contract pursuant to division (D) of this section for the 227
private contractor's management and operation of a correctional 228
facility in this state to house out-of-state prisoners, prior to 229
entering into the contract the local public entity and the out- 230
of-state jurisdiction, or the local public entity and the 231
private contractor, whichever is applicable, shall conduct a 232
public hearing in accordance with this division, and, prior to 233
entering into the contract, the governing authority of the local 234
public entity in which the facility is or will be located shall 235
authorize the location and operation of the facility. The 236
hearing shall be conducted at a location within the municipal 237
corporation or township in which the facility is or will be 238
located. At least one week prior to conducting the hearing, the 239
local public entity and the out-of-state jurisdiction or private 240
contractor with the duty to conduct the hearing shall cause 241
notice of the date, time, and place of the hearing to be made by 242
publication in the newspaper with the largest general 243
circulation in the county in which the municipal corporation or 244
township is located. The notice shall be of a sufficient size 245
that it covers at least one-quarter of a page of the newspaper 246
in which it is published. This division applies to a private 247
contractor that, pursuant to the requirement set forth in 248
division (I) of this section, is required to enter into a 249
contract under division (D) of this section. 250
(D) Subject to division (I) of this section, on and after March 17, 1998, if a local public entity enters into a contract
H. B. No. 72 As Introduced
with a private contractor for the management and operation of a 253
correctional facility in this state to house out-of-state 254
prisoners, the contract, at a minimum, shall include all of the 255
following provisions: 256
(1) A requirement that the private contractor seek and 257
obtain accreditation from the American correctional association 258
for the correctional facility within two years after accepting 259
the first out-of-state prisoner at the correctional facility 260
under the contract and that it maintain that accreditation for 261
the term of the contract; 262
(2) A requirement that the private contractor comply with 263
all applicable laws, rules, or regulations of the government of 264
this state, political subdivisions of this state, and the United 265
States, including, but not limited to, all sanitation, food 266
service, safety, and health regulations; 267
(3) A requirement that the private contractor send copies 268
of reports of inspections completed by appropriate authorities 269
regarding compliance with laws, rules, and regulations of the 270
type described in division (D)(2) of this section to the 271
director of rehabilitation and correction or the director's 272
designee and to the governing authority of the local public 273
entity in which the correctional facility is located; 274
(4) A requirement that the private contractor report to 275
the local law enforcement agencies with jurisdiction over the 276
place at which the correctional facility is located, for 277
investigation, all criminal offenses or delinquent acts that are 278
committed in or on the grounds of, or otherwise in connection 279
with, the correctional facility and report to the department of 280
rehabilitation and correction all disturbances at the facility; 281
H. B. No. 72 As Introduced
(5) A requirement that the private contractor immediately report all escapes from the facility, and the apprehension of all escapees, by telephone and in writing to the department of rehabilitation and correction, to all local law enforcement agencies with jurisdiction over the place at which the facility is located, to the state highway patrol, to the prosecuting attorney of the county in which the facility is located, and to a daily newspaper having general circulation in the county in which the facility is located. The written notice may be by either facsimile transmission or mail. A failure to comply with this requirement is a violation of section 2921.22 of the Revised Code.
(6) A requirement that the private contractor provide a 294
written report to the director of rehabilitation and correction 295
or the director's designee and to the governing authority of the 296
local public entity in which the correctional facility is 297
located of all unusual incidents occurring at the correctional 298
facility. The private contractor shall report the incidents in 299
accordance with the incident reporting rules that, at the time 300
of the incident, are applicable to state correctional facilities 301
for similar incidents occurring at state correctional 302
facilities. 303
(7) A requirement that the private contractor provide 304
internal and perimeter security to protect the public, staff 305
members of the correctional facility, and prisoners in the 306
correctional facility; 307
(8) A requirement that the correctional facility be 308
staffed at all times with a staffing pattern that is adequate to 309
ensure supervision of inmates and maintenance of security within 310
the correctional facility and to provide for appropriate 311
H. B. No. 72 As Introduced
programs, transportation, security, and other operational needs. 312
In determining security needs for the correctional facility, the 313
private contractor and the contract requirements shall fully 314
take into account all relevant factors, including, but not 315
limited to, the proximity of the facility to neighborhoods and 316
schools. 317
(9) A requirement that the private contractor provide an adequate policy of insurance that satisfies the requirements set forth in division (D) of section 9.06 of the Revised Code regarding contractors who operate and manage a facility under that section, and that the private contractor indemnify and hold harmless the state, its officers, agents, and employees, and any local public entity in the state with jurisdiction over the place at which the correctional facility is located or that owns the correctional facility, reimburse the state for its costs in defending the state or any of its officers, agents, or employees, and reimburse any local government entity of that nature for its costs in defending the local government entity, in the manner described in division (D) of that section regarding contractors who operate and manage a facility under that section;
(10) A requirement that the private contractor adopt for 333
prisoners housed in the correctional facility the security 334
classification system and schedule adopted by the department of 335
rehabilitation and correction under section 5145.03 of the 336
Revised Code, classify in accordance with the system and 337
schedule each prisoner housed in the facility, and house all 338
prisoners in the facility in accordance with their 339
classification under this division; 340
(11) A requirement that the private contractor will not
H. B. No. 72 As Introduced
| accept for housing， and will not house, in the correctional | 342 |
| facility any out-of-state prisoner in relation to whom any of | 343 |
| the following applies: | 344 |
| (a） The private entity has not obtained from the out-of- | 345 |
| 346 | |
| 347 | |
| institutional record of the prisoner while previously confined | 348 |
| in that out-of-state jurisdiction or a statement that the | |
| 349 | |
| prisoner previously has not been confined in that out-of-state | 350 |
| jurisdiction and a copy of all medical records pertaining to | 351 352 |
| that prisoner that are in the possession of the out-of-state jurisdiction. | 353 |
| (b) The prisoner, while confined in any out-of-state jurisdiction, has a record of institutional violence involving | 354 |
| the use of a deadly weapon or a pattern of committing acts of an | 355 |
| 356 | |
| assaultive nature against employees of, or visitors to, the | 357 |
| place of confinement or has a record of escape or attempted | 358 |
| escape from secure custody. | 359 |
| (c) Under the security classification system and schedule | 360 |
| adopted by the department of rehabilitation and correction under | 361 |
| section 5145.03 of the Revised Code and adopted by the private | 362 |
| contractor under division (B)(lo）of this section, the out-of- | 363 |
| state prisoner would be classified as being at a security level | 364 |
| higher than medium security. | 365 |
| (12） A requirement that the private contractor, prior to | 366 |
| housing any out-of-state prisoner in the correctional facility | 367 |
| under the contract, enter into a written agreement with the | 368 |
| department of rehabilitation and correction that sets forth a | 369 |
| plan and procedure that will be used to coordinate law | 370 |
| 371 | |
H. B. No. 72 As Introduced
local law enforcement agencies with jurisdiction over the place 372
at which the facility is located in response to any riot, 373
rebellion, escape, insurrection, or other emergency occurring 374
inside or outside the facility; 375
(13) A requirement that the private contractor cooperate 376
with the correctional institution inspection committee in the 377
committee's performance of its duties under section 103.73 of 378
the Revised Code and provide the committee, its subcommittees, 379
and its staff members, in performing those duties, with access 380
to the correctional facility as described in that section; 381
(14) A requirement that the private contractor permit any 382
peace officer who serves a law enforcement agency with 383
jurisdiction over the place at which the correctional facility 384
is located to enter into the facility to investigate any 385
criminal offense or delinquent act that allegedly has been 386
committed in or on the grounds of, or otherwise in connection 387
with, the facility; 388
(15) A requirement that the private contractor will not 389
employ any person at the correctional facility until after the 390
private contractor has submitted to the bureau of criminal 391
identification and investigation, on a form prescribed by the 392
superintendent of the bureau, a request that the bureau conduct 393
a criminal records check of the person and a requirement that 394
the private contractor will not employ any person at the 395
facility if the records check or other information possessed by 396
the contractor indicates that the person previously has engaged 397
in malfeasance; 398
(16) A requirement that the private contractor will not 399
accept for housing, and will not house, in the correctional 400
facility any out-of-state prisoner unless the private contractor 401
H. B. No. 72 As Introduced
and the out-of-state jurisdiction that imposed the sentence for which the prisoner is to be confined agree that, if the out-ofstate prisoner is confined in the facility in this state, commits a criminal offense while confined in the facility, is convicted of or pleads guilty to that offense, and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the private contractor and the outof-state jurisdiction will do all of the following:
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
(a) Unless section 5120.50 of the Revised Code does not apply in relation to the offense the prisoner committed while confined in this state and the term of confinement imposed for that offense, the out-of-state jurisdiction will accept the prisoner pursuant to that section for service of that term of confinement and for any period of time remaining under the sentence for which the prisoner was confined in the facility in this state, the out-of-state jurisdiction will confine the prisoner pursuant to that section for that term and that remaining period of time, and the private contractor will transport the prisoner to the out-of-state jurisdiction for service of that term and that remaining period of time.
(b) If section 5120.50 of the Revised Code does not apply 422
in relation to the offense the prisoner committed while confined 423
in this state and the term of confinement imposed for that 424
offense, the prisoner shall be returned to the out-of-state 425
jurisdiction or its private contractor for completion of the 426
period of time remaining under the out-of-state sentence for 427
which the prisoner was confined in the facility in this state 428
before starting service of the term of confinement imposed for 429
the offense committed while confined in this state, the out-of- 430
state jurisdiction or its private contractor will confine the 431
prisoner for that remaining period of time and will transport 432
H. B. No. 72 As Introduced
the prisoner outside of this state for service of that remaining 433
period of time, and, if the prisoner is confined in this state 434
in a facility operated by the department of rehabilitation and 435
correction, the private contractor will be financially 436
responsible for reimbursing the department at the per diem cost 437
of confinement for the duration of that incarceration, with the 438
amount of the reimbursement so paid to be deposited in the 439
department's prisoner programs fund. 440
(17) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into an agreement with the local public entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall include, but is not limited to, provisions that specify whether the private contractor, the local public entity, or the out-of-state jurisdictions that imposed the sentences for which the out-of-state prisoners are confined in the facility will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners.
(18) A schedule of fines that the local public entity 454
shall impose upon the private contractor if the private 455
contractor fails to perform its contractual duties, and a 456
requirement that, if the private contractor fails to perform its 457
contractual duties, the local public entity shall impose a fine 458
on the private contractor from the schedule of fines and, in 459
addition to the fine, may exercise any other rights it has under 460
the contract. Division (F)(2) of this section applies regarding 461
a fine described in this division. 462
H. B. No. 72 As Introduced
(19) A requirement that the private contractor adopt and 463
use in the correctional facility the drug testing and treatment 464
program that the department of rehabilitation and correction 465
uses for inmates in state correctional institutions; 466
(20) A requirement that the private contractor provide clothing for all out-of-state prisoners housed in the correctional facility that is conspicuous in its color, style, or color and style, that conspicuously identifies its wearer as a prisoner, and that is readily distinguishable from clothing of a nature that normally is worn outside the facility by nonprisoners, that the private contractor require all out-of-state prisoners housed in the facility to wear the clothing so provided, and that the private contractor not permit any out-ofstate prisoner, while inside or on the premises of the facility or while being transported to or from the facility, to wear any clothing of a nature that does not conspicuously identify its wearer as a prisoner and that normally is worn outside the facility by non-prisoners;
(21) A requirement that, at the time the contract is made, the private contractor provide to all parties to the contract adequate proof that it has complied with the requirement described in division (D)(9) of this section, and a requirement that, at any time during the term of the contract, the private contractor upon request provide to any party to the contract adequate proof that it continues to be in compliance with the requirement described in division (D)(9) of this section.
(E) A private correctional officer or other designated employee of a private contractor that operates a correctional facility that houses out-of-state prisoners in this state under a contract entered into prior to, on, or after March 17, 1998,
H. B. No. 72 As Introduced
may carry and use firearms in the course of the officer's or 493
employee's employment only if the officer or employee is 494
certified as having satisfactorily completed an approved 495
training program designed to qualify persons for positions as 496
special police officers, security guards, or persons otherwise 497
privately employed in a police capacity, as described in 498
division (A) of section 109.78 of the Revised Code. 499
(F)(1) Upon notification by the private contractor of an 500
escape from, or of a disturbance at, a correctional facility 501
that is operated by a private contractor under a contract 502
entered into prior to, on, or after March 17, 1998, and that 503
houses out-of-state prisoners in this state, the department of 504
rehabilitation and correction and state and local law 505
enforcement agencies shall use all reasonable means to recapture 506
persons who escaped from the facility or quell any disturbance 507
at the facility, in accordance with the plan and procedure 508
included in the written agreement entered into under division 509
(D)(12) of this section in relation to contracts entered into on 510
or after March 17, 1998, and in accordance with their normal 511
procedures in relation to contracts entered into prior to March 512
17, 1998. Any cost incurred by this state or a political 513
subdivision of this state relating to the apprehension of a 514
person who escaped from the facility, to the quelling of a 515
disturbance at the facility, or to the investigation or 516
prosecution as described in division (G)(2) of this section of 517
any offense relating to the escape or disturbance shall be 518
chargeable to and borne by the private contractor. The 519
contractor also shall reimburse the state or its political 520
subdivisions for all reasonable costs incurred relating to the 521
temporary detention of a person who escaped from the facility, 522
following the person's recapture. 523
H. B. No. 72 As Introduced
(2) If a private contractor that, on or after March 17, 524
1998, enters into a contract under this section with a local 525
public entity for the operation of a correctional facility that 526
houses out-of-state prisoners fails to perform its contractual 527
duties, the local public entity shall impose upon the private 528
contractor a fine from the schedule of fines included in the 529
contract and may exercise any other rights it has under the 530
contract. A fine imposed under this division shall be paid to 531
the local public entity that enters into the contract, and the 532
local public entity shall deposit the money so paid into its 533
treasury to the credit of the fund used to pay for community 534
policing. If a fine is imposed under this division, the local 535
public entity may reduce the payment owed to the private 536
contractor pursuant to any invoice in the amount of the fine. 537
(3) If a private contractor, on or after March 17, 1998, enters into a contract under this section with a local public entity for the operation of a correctional facility that houses out-of-state prisoners in this state, the private contractor shall comply with the insurance, indemnification, hold harmless, and cost reimbursement provisions described in division (D)(9) of this section.
(G)(1) Any act or omission that would be a criminal 545
offense or a delinquent act if committed at a state correctional 546
institution or at a jail, workhouse, prison, or other 547
correctional facility operated by this state or by any political 548
subdivision or group of political subdivisions of this state 549
shall be a criminal offense or delinquent act if committed by or 550
with regard to any out-of-state prisoner who is housed at any 551
correctional facility operated by a private contractor in this 552
state pursuant to a contract entered into prior to, on, or after 553
March 17, 1998. 554
H. B. No. 72 As Introduced
(2) If any political subdivision of this state experiences 555
any cost in the investigation or prosecution of an offense 556
committed by an out-of-state prisoner housed in a correctional 557
facility operated by a private contractor in this state pursuant 558
to a contract entered into prior to, on, or after March 17, 559
1998, the private contractor shall reimburse the political 560
subdivision for the costs so experienced. 561
(3)(a) Except as otherwise provided in this division, the state, and any officer or employee, as defined in section 109.36 of the Revised Code, of the state is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity and an out-of-state jurisdiction, a local public entity and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an officer or employee, as defined in section 109.36 of the Revised Code, of the state that is manifestly outside the scope of the officer's or employee's official responsibilities or regarding an act or omission of the state, or of an officer or employee, as so defined, of the state that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner.
(b) Except as otherwise provided in this division, a non- 582
contracting political subdivision, and any employee, as defined 583
in section 2744.01 of the Revised Code, of a non-contracting 584
political subdivision is not liable in damages in a civil action 585
H. B. No. 72 As Introduced
for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity other than the non-contracting political subdivision and an out-of-state jurisdiction, a local public entity other than the non-contracting political subdivision and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an employee, as defined in section 2744.01 of the Revised Code, of a non-contracting political subdivision that is manifestly outside the scope of the employee's employment or official responsibilities or regarding an act or omission of a noncontracting political subdivision or an employee, as so defined, of a non-contracting political subdivision that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner.
(c) Divisions (G)(3)(a) and (b) of this section do not 606
affect any immunity or defense that the state and its officers 607
and employees or a non-contracting political subdivision and its 608
employees may be entitled to under another section of the 609
Revised Code or the common law of this state, including, but not 610
limited to, section 9.86 or Chapter 2744. of the Revised Code. 611
(H)(1) Upon the completion of an out-of-state prisoner's 612
term of detention at a correctional facility operated by a 613
private contractor in this state pursuant to a contract entered 614
into prior to, on, or after March 17, 1998, the operator of the 615
correctional facility shall transport the prisoner to the out- 616
H. B. No. 72 As Introduced
of-state jurisdiction that imposed the sentence for which the 617
prisoner was confined before it releases the prisoner from its 618
custody. 619
(2) No private contractor that operates and manages a 620
correctional facility housing out-of-state prisoners in this 621
state pursuant to a contract entered into prior to, on, or after 622
March 17, 1998, shall fail to comply with division (H)(1) of 623
this section. 624
(3) Whoever violates division (H)(2) of this section is 625
guilty of a misdemeanor of the first degree. 626
(I) Except as otherwise provided in this division, the 627
provisions of divisions (A) to (H) of this section apply in 628
relation to any correctional facility operated by a private 629
contractor in this state to house out-of-state prisoners, 630
regardless of whether the facility is operated pursuant to a 631
contract entered into prior to, on, or after March 17, 1998. 632
Division (C)(1) of this section shall not apply in relation to 633
any correctional facility for housing out-of-state prisoners in 634
this state that is operated by a private contractor under a 635
contract entered into with a local public entity prior to March 636
17, 1998. If a private contractor operates a correctional 637
facility in this state for the housing of out-of-state prisoners 638
under a contract entered into with a local public entity prior 639
to March 17, 1998, no later than thirty days after the effective 640
date of this amendment, the private contractor shall enter into 641
a contract with the local public entity that comports to the 642
requirements and criteria of division (D) of this section. 643
Sec. 120.03. (A) The Ohio public defender commission shall 644
appoint the state public defender, who shall serve at the 645
pleasure of the commission. 646
H. B. No. 72 As Introduced
(B) The Ohio public defender commission shall establish 647
rules for the conduct of the offices of the county and joint 648
county public defenders and for the conduct of county appointed 649
counsel systems in the state. These rules shall include, but are 650
not limited to, the following: 651
(1) Standards of indigency and minimum qualifications for 652
legal representation by a public defender or appointed counsel. 653
In establishing standards of indigency and determining who is 654
eligible for legal representation by a public defender or 655
appointed counsel, the commission shall consider an indigent 656
person to be an individual who at the time his the person's need 657
is determined is unable to provide for the payment of an 658
attorney and all other necessary expenses of representation. 659
Release on bail shall not prevent a person from being determined 660
to be indigent. 661
(2) Standards for the hiring of outside counsel; 662
(3) Standards for contracts by a public defender with law 663
schools, legal aid societies, and nonprofit organizations for 664
providing counsel; 665
(4) Standards for the qualifications, training, and size 666
of the legal and supporting staff for a public defender, 667
facilities, and other requirements needed to maintain and 668
operate an office of a public defender; 669
(5) Minimum caseload standards; 670
(6) Procedures for the assessment and collection of the 671
costs of legal representation that is provided by public 672
defenders or appointed counsel; 673
(7) Standards and guidelines for determining whether a 674
client is able to make an up-front contribution toward the cost 675
H. B. No. 72 Page 24
As Introduced
of his the client's legal representation; 676
(8) Procedures for the collection of up-front 677
contributions from clients who are able to contribute toward the 678
cost of their legal representation, as determined pursuant to 679
the standards and guidelines developed under division (B)(7) of 680
this section. All of such up-front contributions shall be paid 681
into the appropriate county fund. 682
(9) Standards for contracts between a board of county 683
commissioners, a county public defender commission, or a joint 684
county public defender commission and a municipal corporation 685
for the legal representation of indigent persons charged with 686
violations of the ordinances of the municipal corporation. 687
(C) The Ohio public defender commission shall adopt rules 688
prescribing minimum qualifications of counsel appointed pursuant 689
to this chapter or appointed by the courts. Without limiting its 690
general authority to prescribe different qualifications for 691
different categories of appointed counsel, the commission shall 692
prescribe, by rule, special qualifications for counsel and co- 693
counsel appointed in capital cases in which the defendant was 694
sentenced to death before the effective date of this amendment. 695
(D) In administering the office of the Ohio public 696
defender commission: 697
(1) The commission shall do the following: 698
(a) Approve an annual operating budget; 699
(b) Make an annual report to the governor, the general 700
assembly, and the supreme court of Ohio on the operation of the 701
state public defender's office, the county appointed counsel 702
systems, and the county and joint county public defenders' 703
offices. 704
H. B. No. 72 As Introduced
(2) The commission may do the following: 705
(a) Accept the services of volunteer workers and 706
consultants at no compensation other than reimbursement of 707
actual and necessary expenses; 708
(b) Prepare and publish statistical and case studies and 709
other data pertinent to the legal representation of indigent 710
persons; 711
(c) Conduct programs having a general objective of 712
training and educating attorneys and others in the legal 713
representation of indigent persons. 714
(E) There is hereby established in the state treasury the 715
public defender training fund for the deposit of fees received 716
by the Ohio public defender commission from educational 717
seminars, and the sale of publications, on topics concerning 718
criminal law and procedure. Expenditures from this fund shall be 719
made only for the operation of activities authorized by division 720
(D)(2)(c) of this section. 721
(F)(1) In accordance with sections 109.02, 109.07, and 722
109.361 to 109.366 of the Revised Code, but subject to division 723
(E) of section 120.06 of the Revised Code, the attorney general 724
shall represent or provide for the representation of the Ohio 725
public defender commission, the state public defender, assistant 726
state public defenders, and other employees of the commission or 727
the state public defender. 728
(2) Subject to division (E) of section 120.06 of the 729
Revised Code, the attorney general shall represent or provide 730
for the representation of attorneys described in division (C) of 731
section 120.41 of the Revised Code in malpractice or other civil 732
actions or proceedings that arise from alleged actions or 733
H. B. No. 72 As Introduced
omissions related to responsibilities derived pursuant to this 734
chapter, or in civil actions that are based upon alleged 735
violations of the constitution or statutes of the United States, 736
including section 1983 of Title 42 of the United States Code, 93 737
Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arise 738
from alleged actions or omissions related to responsibilities 739
derived pursuant to this chapter. For purposes of the 740
representation, sections 109.361 to 109.366 of the Revised Code 741
shall apply to an attorney described in division (C) of section 742
120.41 of the Revised Code as if he the attorney were an officer 743
or employee, as defined in section 109.36 of the Revised Code, 744
and the Ohio public defender commission or the state public 745
defender, whichever contracted with the attorney, shall be 746
considered his the attorney's employer. 747
Sec. 120.041. (A) In addition to the state public 748
defender's other duties under this chapter and other Revised 749
Code provisions, the state public defender shall do all of the 750
following for each state fiscal year: 751
(1) Determine the total dollar amount of all requests for 752
reimbursements that were submitted for that fiscal year by 753
counties under sections 120.18, 120.28, 120.33, $120.35r$ and 754
2941.51 of the Revised Code; 755
(2) Determine the total dollar amount paid to all counties 756
as reimbursements under the requests described in division (A) 757
(1) of this section that were submitted for that fiscal year; 758
(3) Determine the percentage of total costs submitted by 759
counties under the requests described in division (A)(1) of this 760
section that was paid to all counties as reimbursements for that 761
fiscal year; 762
H. B. No. 72 As Introduced
(4) Commencing in state fiscal year 2021, determine the 763
increase or decrease in the total dollar amount found under 764
division (A)(2) of this section for that fiscal year from the 765
total dollar amount found under that division for the previous 766
fiscal year; 767
(5) Determine, out of the total dollar amount found under 768
division (A)(2) of this section that was paid to all counties as 769
a reimbursement, the total amount of that money used by all of 770
the counties for each of the following categories of costs in 771
that fiscal year: 772
(a) Costs for appointed counsel; 773
(b) Costs for personnel; 774
(c) Costs for expert witnesses; 775
(d) Costs for investigations; 776
(e) Costs for transcripts; 777
(f) Costs for rent or lease, utilities, furnishings, 778
maintenance, and equipment; 779
(g) Costs for travel; 780
(h) Any other category of costs set by the state public 781
defender. 782
(6) Commencing in state fiscal year 2021, determine the 783
increase or decrease in the amount of money found under division 784
(A)(5) of this section to have been used for each category of 785
costs described in divisions (A)(5)(a) to (h) of this section 786
for that fiscal year from the amount of money found under that 787
division to have been used for each such category of costs for 788
the previous fiscal year; 789
H. B. No. 72 As Introduced
(7) Analyze the cost per each felony, misdemeanor, 790
traffic, or juvenile delinquency case assigned to a public 791
defender or counsel pursuant to section 120.06, 120.16, 120.26, 792
or 120.33 of the Revised Code. 793
(B) For each state fiscal year, the state public defender 794
shall prepare a report that includes all of its findings and 795
determinations for that fiscal year and, not later than the 796
first day of October in the state fiscal year following the 797
fiscal year covered by the report, shall submit copies of the 798
report to the president of the senate, the speaker of the house 799
of representatives, the minority leader of the senate, the 800
minority leader of the house of representatives, and the 801
governor. 802
Sec. 120.06. (A)(1) The state public defender, when 803
designated by the court or requested by a county public defender 804
or joint county public defender, may provide legal 805
representation in all courts throughout the state to indigent 806
adults and juveniles who are charged with the commission of an 807
offense or act for which the penalty or any possible 808
adjudication includes the potential loss of liberty. 809
(2) The state public defender may provide legal 810
representation to any indigent person who, while incarcerated in 811
any state correctional institution, is charged with a felony 812
offense, for which the penalty or any possible adjudication that 813
may be imposed by a court upon conviction includes the potential 814
loss of liberty. 815
(3) The state public defender may provide legal 816
representation to any person incarcerated in any correctional 817
institution of the state, in any matter in which the person 818
asserts the person is unlawfully imprisoned or detained. 819
H. B. No. 72 As Introduced
(4) The state public defender, in any case in which the 820
state public defender has provided legal representation or is 821
requested to do so by a county public defender or joint county 822
public defender, may provide legal representation on appeal. 823
(5) The state public defender, when designated by the court or requested by a county public defender, joint county public defender, or the director of rehabilitation and correction, shall provide legal representation in parole and probation revocation matters or matters relating to the revocation of community control or post-release control under a community control sanction or post-release control sanction, unless the state public defender finds that the alleged parole or probation violator or alleged violator of a community control sanction or post-release control sanction has the financial capacity to retain the alleged violator's own counsel.
(6) If the state public defender contracts with a county 835
public defender commission, a joint county public defender 836
commission, or a board of county commissioners for the provision 837
of services, under authority of division (C)(7) of section 838
120.04 of the Revised Code, the state public defender shall 839
provide legal representation in accordance with the contract. 840
(B) The state public defender shall not be required to 841
prosecute any appeal, postconviction remedy, or other proceeding 842
pursuant to division (A)(3), (4), or (5) of this section, unless 843
the state public defender first is satisfied that there is 844
arguable merit to the proceeding. 845
(C) A court may appoint counsel or allow an indigent 846
person to select the indigent's own personal counsel to assist 847
the state public defender as co-counsel when the interests of 848
justice so require. When co-counsel is appointed to assist the 849
H. B. No. 72 As Introduced
state public defender, the co-counsel shall receive any 850
compensation that the court may approve, not to exceed the 851
amounts provided for in section 2941.51 of the Revised Code. 852
(D)(1) When the state public defender is designated by the 853
court or requested by a county public defender or joint county 854
public defender to provide legal representation for an indigent 855
person in any case, other than pursuant to a contract entered 856
into under authority of division (C)(7) of section 120.04 of the 857
Revised Code, the state public defender shall send to the county 858
in which the case is filed a bill detailing the actual cost of 859
the representation that separately itemizes legal fees and 860
expenses. The county, upon receipt of an itemized bill from the 861
state public defender pursuant to this division, shall pay the 862
state public defender one hundred per cent of the amount 863
identified as legal fees and expenses in the itemized bill. 864
(2) Upon payment of the itemized bill under division (D) 865
(1) of this section, the county may submit the cost of the legal 866
fees and expenses to the state public defender for reimbursement 867
pursuant to section 120.33 of the Revised Code. 868
(3) When the state public defender provides investigation 869
or mitigation services to private appointed counsel or to a 870
county or joint county public defender as approved by the 871
appointing court, other than pursuant to a contract entered into 872
under authority of division (C)(7) of section 120.04 of the 873
Revised Code, the state public defender shall send to the county 874
in which the case is filed a bill itemizing the actual cost of 875
the services provided. The county, upon receipt of an itemized 876
bill from the state public defender pursuant to this division, 877
shall pay one hundred per cent of the amount as set forth in the 878
itemized bill. Upon payment of the itemized bill received 879
H. B. No. 72 As Introduced
pursuant to this division, the county may submit the cost of the 880
investigation and mitigation services to the state public 881
defender for reimbursement pursuant to section 120.33 of the 882
Revised Code. 883
(4) There is hereby created in the state treasury the county representation fund for the deposit of moneys received from counties under this division. All moneys credited to the fund shall be used by the state public defender to provide legal representation for indigent persons when designated by the court or requested by a county or joint county public defender or to provide investigation or mitigation services, including investigation or mitigation services to private appointed counsel or a county or joint county public defender, as approved by the court.
(E)(1) Notwithstanding any contrary provision of sections 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code that pertains to representation by the attorney general, an assistant attorney general, or special counsel of an officer or employee, as defined in section 109.36 of the Revised Code, or of an entity of state government, the state public defender may elect to contract with, and to have the state pay pursuant to division (E)(2) of this section for the services of, private legal counsel to represent the Ohio public defender commission, the state public defender, assistant state public defenders, other employees of the commission or the state public defender, and attorneys described in division (C) of section 120.41 of the Revised Code in a malpractice or other civil action or proceeding that arises from alleged actions or omissions related to responsibilities derived pursuant to this chapter, or in a civil action that is based upon alleged violations of the constitution or statutes of the United States, including section
H. B. No. 72 As Introduced
1983 of Title 42 of the United States Code, 93 Stat. 1284 911
(1979), 42 U.S.C.A. 1983, as amended, and that arises from 912
alleged actions or omissions related to responsibilities derived 913
pursuant to this chapter, if the state public defender 914
determines, in good faith, that the defendant in the civil 915
action or proceeding did not act manifestly outside the scope of 916
the defendant's employment or official responsibilities, with 917
malicious purpose, in bad faith, or in a wanton or reckless 918
manner. If the state public defender elects not to contract 919
pursuant to this division for private legal counsel in a civil 920
action or proceeding, then, in accordance with sections 109.02, 921
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the 922
attorney general shall represent or provide for the 923
representation of the Ohio public defender commission, the state 924
public defender, assistant state public defenders, other 925
employees of the commission or the state public defender, or 926
attorneys described in division (C) of section 120.41 of the 927
Revised Code in the civil action or proceeding. 928
(2)(a) Subject to division (E)(2)(b) of this section, 929
payment from the state treasury for the services of private 930
legal counsel with whom the state public defender has contracted 931
pursuant to division (E)(1) of this section shall be 932
accomplished only through the following procedure: 933
(i) The private legal counsel shall file with the attorney 934
general a copy of the contract; a request for an award of legal 935
fees, court costs, and expenses earned or incurred in connection 936
with the defense of the Ohio public defender commission, the 937
state public defender, an assistant state public defender, an 938
employee, or an attorney in a specified civil action or 939
proceeding; a written itemization of those fees, costs, and 940
expenses, including the signature of the state public defender 941
H. B. No. 72 As Introduced
and the state public defender's attestation that the fees, 942
costs, and expenses were earned or incurred pursuant to division 943
(E)(1) of this section to the best of the state public 944
defender's knowledge and information; a written statement 945
whether the fees, costs, and expenses are for all legal services 946
to be rendered in connection with that defense, are only for 947
legal services rendered to the date of the request and 948
additional legal services likely will have to be provided in 949
connection with that defense, or are for the final legal 950
services rendered in connection with that defense; a written 951
statement indicating whether the private legal counsel 952
previously submitted a request for an award under division (E) 953
(2) of this section in connection with that defense and, if so, 954
the date and the amount of each award granted; and, if the fees, 955
costs, and expenses are for all legal services to be rendered in 956
connection with that defense or are for the final legal services 957
rendered in connection with that defense, a certified copy of 958
any judgment entry in the civil action or proceeding or a signed 959
copy of any settlement agreement entered into between the 960
parties to the civil action or proceeding. 961
(ii) Upon receipt of a request for an award of legal fees, 962
court costs, and expenses and the requisite supportive 963
documentation described in division (E)(2)(a)(i) of this 964
section, the attorney general shall review the request and 965
documentation; determine whether any of the limitations 966
specified in division (E)(2)(b) of this section apply to the 967
request; and, if an award of legal fees, court costs, or 968
expenses is permissible after applying the limitations, prepare 969
a document awarding legal fees, court costs, or expenses to the 970
private legal counsel. The document shall name the private legal 971
counsel as the recipient of the award; specify the total amount 972
H. B. No. 72 As Introduced
of the award as determined by the attorney general; itemize the portions of the award that represent legal fees, court costs, and expenses; specify any limitation applied pursuant to division (E)(2)(b) of this section to reduce the amount of the award sought by the private legal counsel; state that the award is payable from the state treasury pursuant to division (E)(2) (a)(iii) of this section; and be approved by the inclusion of the signatures of the attorney general, the state public defender, and the private legal counsel.
(iii) The attorney general shall forward a copy of the 982
document prepared pursuant to division (E)(2)(a)(ii) of this 983
section to the director of budget and management. The award of 984
legal fees, court costs, or expenses shall be paid out of the 985
state public defender's appropriations, to the extent there is a 986
sufficient available balance in those appropriations. If the 987
state public defender does not have a sufficient available 988
balance in the state public defender's appropriations to pay the 989
entire award of legal fees, court costs, or expenses, the 990
director shall make application for a transfer of appropriations 991
out of the emergency purposes account or any other appropriation 992
for emergencies or contingencies in an amount equal to the 993
portion of the award that exceeds the sufficient available 994
balance in the state public defender's appropriations. A 995
transfer of appropriations out of the emergency purposes account 996
or any other appropriation for emergencies or contingencies 997
shall be authorized if there are sufficient moneys greater than 998
the sum total of then pending emergency purposes account 999
requests, or requests for releases from the other appropriation. 1000
If a transfer of appropriations out of the emergency purposes 1001
account or other appropriation for emergencies or contingencies 1002
is made to pay an amount equal to the portion of the award that 1003
H. B. No. 72 As Introduced
| exceeds the sufficient available balance in the state public | 1004 | |
| defender's appropriations, the director shall cause the payment | 1005 | |
| a d a a | 1006 | |
| not exist in the emergency purposes account or other | 1007 | |
| 1008 | ||
| equal to the portion of the award that exceeds the sufficient | 1009 | |
| available balance in the state public defender's appropriations, | 1010 | |
| the private legal counsel shall request the general assembly to | 1011 | |
| make an appropriation sufficient to pay an amount equal to the | 1012 | |
| portion of the award that exceeds the sufficient available | 1013 | |
| 1014 | ||
| payment in that amount shall be made until the appropriation has | 1015 | |
| been made. The private legal counsel shall make the request | 1016 | |
| until a sufficient appropriation is made. | during the current biennium and during each succeeding biennium | 1017 |
| 1018 | ||
| (b） An award of legal fees, court costs, and expenses | 1019 | |
| following limitations: | pursuant to division (E） of this section is subject to the | 1020 |
| 1021 | ||
| (i） The maximum award or maximum aggregate of a series of | 1022 | |
| awards of legal fees， court costs, and expenses to the private | 1023 | |
| legal counsel in connection with the defense of the Ohio public | 1024 | |
| defender commission, the state public defender, an assistant | 1025 | |
| state public defender, an employee, or an attorney in a | 1026 | |
| specified civil action or proceeding shall not exceed fifty | 1027 | |
| thousand dollars. | 1028 | |
| (ii) The private legal counsel shall not be awarded legal | 1029 | |
| fees， court costs， or expenses to the extent the fees， costs， or | 1030 | |
| o oo a o e ss | 1031 | |
| insurance. | 1032 | |
| (iii) The private legal counsel shall be awarded legal | 1033 | |
H. B. No. 72 As Introduced
fees and expenses only to the extent that the fees and expenses 1034
are reasonable in light of the legal services rendered by the 1035
private legal counsel in connection with the defense of the Ohio 1036
public defender commission, the state public defender, an 1037
assistant state public defender, an employee, or an attorney in 1038
a specified civil action or proceeding. 1039
(c) If, pursuant to division (E)(2)(a) of this section, 104
the attorney general denies a request for an award of legal 104
fees, court costs, or expenses to private legal counsel because 104
of the application of a limitation specified in division (E)(2) 104
(b) of this section, the attorney general shall notify the 104
private legal counsel in writing of the denial and of the 104
limitation applied. 104
(d) If, pursuant to division (E)(2)(c) of this section, a 1047
private legal counsel receives a denial of an award notification 1048
or if a private legal counsel refuses to approve a document 1049
under division (E)(2)(a)(ii) of this section because of the 1050
proposed application of a limitation specified in division (E) 1051
(2)(b) of this section, the private legal counsel may commence a 1052
civil action against the attorney general in the court of claims 1053
to prove the private legal counsel's entitlement to the award 1054
sought, to prove that division (E)(2)(b) of this section does 1055
not prohibit or otherwise limit the award sought, and to recover 1056
a judgment for the amount of the award sought. A civil action 1057
under division (E)(2)(d) of this section shall be commenced no 1058
later than two years after receipt of a denial of award 1059
notification or, if the private legal counsel refused to approve 1060
a document under division (E)(2)(a)(ii) of this section because 1061
of the proposed application of a limitation specified in 1062
division (E)(2)(b) of this section, no later than two years 1063
after the refusal. Any judgment of the court of claims in favor 1064
H. B. No. 72 As Introduced
of the private legal counsel shall be paid from the state 1065
treasury in accordance with division (E)(2)(a) of this section. 1066
(F) If a court appoints the office of the state public defender to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, all of the attorneys who represent the petitioner in the proceeding pursuant to the appointment, whether an assistant state public defender, the state public defender, or another attorney, shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed.
(G)(1) (F)(1) The state public defender may conduct a legal assistance referral service for children committed to the department of youth services relative to conditions of confinement claims. If the legal assistance referral service receives a request for assistance from a child confined in a facility operated, or contracted for, by the department of youth services and the state public defender determines that the child has a conditions of confinement claim that has merit, the state public defender may refer the child to a private attorney. If no private attorney who the child has been referred to by the state public defender accepts the case within a reasonable time, the state public defender may prepare, as appropriate, pro se pleadings in the form of a complaint regarding the conditions of confinement at the facility where the child is confined with a motion for appointment of counsel and other applicable pleadings necessary for sufficient pro se representation.
(2) Division (G)(1) (F)(1) of this section does not
H. B. No. 72 As Introduced
| authorize the state public defender to represent a child | ||
| 1095 | ||
| committed to the department of youth services in general civil | 1096 | |
| matters arising solely out of state law. | 1097 | |
| (3） The state public defender shall not undertake the | 1098 | |
| representation of a child in court based on a conditions of | 1099 | |
| confinement claim arising under this division. | 1100 | |
| (H)(G)_A child's right to representation or services | 1101 | |
| under this section is not affected by the child, or another | 1102 | |
| person on behalf of the child, previously having paid for | 1103 | |
| 1104 | ||
| representation. | 1105 | |
| (H)(H)_The state public defender shall have reasonable | 1106 | |
| 1107 | ||
| services, department of youth services institution, and | 1108 | |
| department of youth services record as needed to implement this | 1109 | |
| section. | 1110 | |
| (J)(I)_As used in this section: | 1111 | |
| uo oo () | 1112 | |
| in section 2929.01 of the Revised Code. | 1113 | |
| (2) "Conditions of confinement" means any issue involving | ||
| a constitutional right or other civil right related to a child's | 1114 1115 | |
| 1116 | ||
| under 42 U.S.C. 1983. | 1117 | |
| (3） "Post-release control sanction" has the same meaning | ||
| as in section 2967.01 of the Revised Code. | 1118 1119 | |
| of this section, the county public defender commission shall | 1120 | |
| 1121 | ||
| 1122 |
H. B. No. 72 As Introduced
public defender from office only for good cause. 1123
(2) If a county public defender commission contracts with 1124
the state public defender or with one or more nonprofit 1125
organizations for the state public defender or the organizations 1126
to provide all of the services that the county public defender 1127
is required or permitted to provide by this chapter, the 1128
commission shall not appoint a county public defender. 1129
(B) The commission shall determine the qualifications and 1130
size of the supporting staff and facilities and other 1131
requirements needed to maintain and operate the office of the 1132
county public defender. 1133
(C) In administering the office of county public defender, 1134
the commission shall: 1135
(1) Recommend to the county commissioners an annual 1136
operating budget which is subject to the review, amendment, and 1137
approval of the board of county commissioners; 1138
(2)(a) Make an annual report to the county commissioners 1139
and the Ohio public defender commission on the operation of the 1140
county public defender's office, including complete and detailed 1141
information on finances and costs that separately states costs 1142
and expenses that are reimbursable under section 120.35 of the 1143
Revised Code, and any other data and information requested by 1144
the state public defender; 1145
(b) Make monthly reports relating to reimbursement and 1146
associated case data pursuant to the rules of the Ohio public 1147
defender commission to the board of county commissioners and the 1148
Ohio public defender commission on the total costs of the public 1149
defender's office. 1150
(3) Cooperate with the Ohio public defender commission in 1151
H. B. No. 72 As Introduced
maintaining the standards established by rules of the Ohio 1152
public defender commission pursuant to divisions (B) and (C) of 1153
section 120.03 of the Revised Code, and cooperate with the state 1154
public defender in his the state public defender's programs 1155
providing technical aid and assistance to county systems. 1156
(D) The commission may accept the services of volunteer 1157
workers and consultants at no compensation except reimbursement 1158
for actual and necessary expenses. 1159
(E) The commission may contract with any municipal 1160
corporation, within the county served by the county public 1161
defender, for the county public defender to provide legal 1162
representation for indigent persons who are charged with a 1163
violation of the ordinances of the municipal corporation. 1164
(F) A county public defender commission, with the approval 1165
of the board of county commissioners regarding all provisions 1166
that pertain to the financing of defense counsel for indigent 1167
persons, may contract with the state public defender or with any 1168
nonprofit organization, the primary purpose of which is to 1169
provide legal representation to indigent persons, for the state 1170
public defender or the organization to provide all or any part 1171
of the services that a county public defender is required or 1172
permitted to provide by this chapter. A contract entered into 1173
pursuant to this division may provide for payment for the 1174
services provided on a per case, hourly, or fixed contract 1175
basis. The state public defender and any nonprofit organization 1176
that contracts with a county public defender commission pursuant 1177
to this division shall do all of the following: 1178
(1) Comply with all standards established by the rules of 1179
the Ohio public defender commission;
H. B. No. 72 As Introduced
| (2） Comply with all standards established by the state | |
| public defender; | 1181 |
| 1182 | |
| (3） Comply with all statutory duties and other laws | 1183 |
| applicable to county public defenders. | 1184 |
| Sec.120.16.(A)(l） The county public defender shall | 1185 |
| provide legal representation to indigent adults and juveniles | 1186 |
| who are charged with the commission of an offense or act that is | 1187 |
| a violation of a state statute and for which the penalty or any | 1188 |
| possible adjudication includes the potential loss of liberty and | 1189 |
| in postconviction proceedings as defined in this section. | 1190 |
| (2） The county public defender may provide legal | 1191 |
| representation to indigent adults and juveniles charged with the | 1192 |
| violation of an ordinance of a municipal corporation for which | 1193 |
| the penalty or any possible adjudication includes the potential | 1194 |
| loss of liberty， if the county public defender commission has | 1195 |
| contracted with the municipal corporation to provide legal | 1196 |
| 1197 | |
| an ordinance of the municipal corporation. | 1198 |
| (B) The county public defender shall provide the legal | 1199 |
| representation authorized by division (A) of this section at | 1200 |
| every stage of the proceedings following arrest, detention, | 1201 |
| service of summons， or indictment. | 1202 |
| (C) The county public defender may request the state | 1203 |
| public defender to prosecute any appeal or other remedy before | 1204 |
| or after conviction that the county public defender decides is | 1205 |
| in the interests of justice, and may provide legal | 1206 |
| representation in parole and probation revocation matters and | 1207 |
| 1208 | |
| release control under a community control sanction or post- | 1209 |
H. B. No. 72 As Introduced
release control sanction. 1210
(D) The county public defender shall not be required to 1211
prosecute any appeal, postconviction remedy, or other 1212
proceeding, unless the county public defender is first satisfied 1213
there is arguable merit to the proceeding. 1214
(E) Nothing in this section shall prevent a court from 1215
appointing counsel other than the county public defender or from 1216
allowing an indigent person to select the indigent person's own 1217
personal counsel to represent the indigent person. A court may 1218
also appoint counsel or allow an indigent person to select the 1219
indigent person's own personal counsel to assist the county 1220
public defender as co-counsel when the interests of justice so 1221
require. 1222
(F) Information as to the right to legal representation by 1223
the county public defender or assigned counsel shall be afforded 1224
to an accused person immediately upon arrest, when brought 1225
before a magistrate, or when formally charged, whichever occurs 1226
first. 1227
(G) If a court appoints the office of the county public 1228
defender to represent a petitioner in a postconviction relief 1229
proceeding under section 2953.21 of the Revised Code, the 1230
petitioner has received a sentence of death, and the proceeding 1231
relates to that sentence, all of the attorneys who represent the 1232
petitioner in the proceeding pursuant to the appointment, 1233
whether an assistant county public defender or the county public 1234
defender, shall be certified under Rule 20 of the Rules of 1235
Superintendence for the Courts of Ohio to represent indigent 1236
defendants charged with or convicted of an offense for which the 1237
death penalty can be or has been imposed. 1238
H. B. No. 72 As Introduced
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
Sec. 120.18. (A) The county public defender commission's 1244
report to the board of county commissioners shall be audited by 1245
the county auditor. The board of county commissioners, after 1246
review and approval of the audited report, may then certify it 1247
to the state public defender for reimbursement. If a request for 1248
the reimbursement of any operating expenditure incurred by a 1249
county public defender office is not received by the state 1250
public defender within sixty days after the end of the calendar 1251
month in which the expenditure is incurred, the state public 1252
defender shall not pay the requested reimbursement, unless the 1253
county has requested, and the state public defender has granted, 1254
an extension of the sixty-day time limit. Each request for 1255
reimbursement shall include a certification by the county public 1256
defender that the persons provided representation by the county 1257
public defender's office during the period covered by the report 1258
were indigent and, for each person provided representation 1259
during that period, a financial disclosure form completed by the 1260
person on a form prescribed by the state public defender. The 1261
state public defender shall also review the report and, in 1262
accordance with the standards, guidelines, and maximums 1263
established pursuant to divisions (B)(7) and (8) of section 1264
120.04 of the Revised Code and the payment determination 1265
provisions of section 120.34 of the Revised Code, prepare a 1266
voucher for the cost of each county public defender's office for 1267
the period of time covered by the certified report and a voucher 1268
H. B. No. 72 As Introduced
for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code. For the purposes of this section, "cost" means total expenses minus costs and expenses reimbursable under section 120.35 of the Revised Code and any funds received by the county public defender commission pursuant to a contract, except a contract entered into with a municipal corporation pursuant to division (E) of section 120.14 of the Revised Code, gift, or grant.
(B) If the county public defender fails to maintain the standards for the conduct of the office established by rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the Ohio public defender commission shall notify the county public defender commission and the board of county commissioners of the county that the county public defender has failed to comply with its rules or the standards of the state public defender. Unless the county public defender commission or the county public defender corrects the conduct of the county public defender's office to comply with the rules and standards within ninety days after the date of the notice, the state public defender may deny payment of all or part of the county's reimbursement from the state provided for in division (A) of this section.
Sec. 120.24. (A)(1) Except as provided in division (A)(2) of this section, the joint county public defender commission shall appoint the joint county public defender and may remove him the joint county public defender from office only for good cause.
H. B. No. 72 As Introduced
(2) If a joint county public defender commission contracts 1300
with the state public defender or with one or more nonprofit 1301
organizations for the state public defender or the organizations 1302
to provide all of the services that the joint county public 1303
defender is required or permitted to provide by this chapter, 1304
the commission shall not appoint a joint county public defender. 1305
(B) The commission shall determine the qualifications and 1306
size of the supporting staff and facilities and other 1307
requirements needed to maintain and operate the office. 1308
(C) In administering the office of joint county public 1309
defender, the commission shall: 1310
(1) Recommend to the boards of county commissioners in the 1311
district an annual operating budget which is subject to the 1312
review, amendment, and approval of the boards of county 1313
commissioners in the district; 1314
(2)(a) Make an annual report to the boards of county 1315
commissioners in the district and the Ohio public defender 1316
commission on the operation of the public defender's office, 1317
including complete and detailed information on finances and 1318
costs that separately states costs and expenses that are 1319
reimbursable under section 120.35 of the Revised Code, and such 1320
other data and information requested by the state public 1321
defender; 1322
(b) Make monthly reports relating to reimbursement and 1323
associated case data pursuant to the rules of the Ohio public 1324
defender commission to the boards of county commissioners in the 1325
district and the Ohio public defender commission on the total 1326
costs of the public defender's office. 1327 (3) Cooperate with the Ohio public defender commission in
H. B. No. 72 As Introduced
maintaining the standards established by rules of the Ohio 1329
public defender commission pursuant to divisions (B) and (C) of 1330
section 120.03 of the Revised Code, and cooperate with the state 1331
public defender in his the state public defender's programs 1332
providing technical aid and assistance to county systems. 1333
(D) The commission may accept the services of volunteer 1334
workers and consultants at no compensation except reimbursement 1335
for actual and necessary expenses. 1336
(E) The commission may contract with any municipal 133
corporation, within the counties served by the joint county 133
public defender, for the joint county public defender to provide 133
legal representation for indigent persons who are charged with a 134
violation of the ordinances of the municipal corporation. 134
(F) A joint county public defender commission, with the approval of each participating board of county commissioners regarding all provisions that pertain to the financing of defense counsel for indigent persons, may contract with the state public defender or with any nonprofit organization, the primary purpose of which is to provide legal representation to indigent persons, for the state public defender or the organization to provide all or any part of the services that a joint county public defender is required or permitted to provide by this chapter. A contract entered into pursuant to this division may provide for payment for the services provided on a per case, hourly, or fixed contract basis. The state public defender and any nonprofit organization that contracts with a joint county public defender commission pursuant to this division shall do all of the following:
(1) Comply with all standards established by the rules of the Ohio public defender commission;
H. B. No. 72 As Introduced
| (2） Comply with all standards established by the Ohio | |
| 1359 | |
| public defender; | 1360 |
| (3） Comply with all statutory duties and other laws | 1361 |
| applicable to joint county public defenders. | 1362 |
| Sec. 120.26.(A)(1） The joint county public defender shall | 1363 |
| provide legal representation to indigent adults and juveniles | 1364 |
| who are charged with the commission of an offense or act that is | 1365 |
| a violation of a state statute and for which the penalty or any | 1366 |
| possible adjudication includes the potential loss of liberty and | 1367 |
| in postconviction proceedings as defined in this section. | 1368 |
| 1369 | |
| representation to indigent adults and juveniles charged with the | 1370 |
| violation of an ordinance of a municipal corporation for which | 1371 |
| the penalty or any possible adjudication includes the potential | 1372 |
| loss of liberty, if the joint county public defender commission | 1373 |
| has contracted with the municipal corporation to provide legal | 1374 |
| representation for indigent persons charged with a violation of | 1375 |
| an ordinance of the municipal corporation. | 1376 |
| (B） The joint county public defender shall provide the | 1377 |
| legal representation authorized by division (A) of this section | 1378 |
| at every stage of the proceedings following arrest, detention, | 1379 |
| service of summons, or indictment. | 1380 |
| 1381 | |
| public defender to prosecute any appeal or other remedy before | 1382 |
| or after conviction that the joint county public defender | 1383 |
| decides is in the interests of justice and may provide legal | 1384 |
| representation in parole and probation revocation matters and | 1385 |
| 1386 | |
| release control under a community control sanction or post- | 1387 |
H. B. No. 72 As Introduced
| elease control sanction. 1388 |
| (D） The joint county public defender shall not be required 1389 |
| 1390 |
| coceeding, unless the joint county public defender is first 1391 |
| atisfied that there is arguable merit to the proceeding. 1392 |
| (E） Nothing in this section shall prevent a court from 1393 |
| ppointing counsel other than the joint county public defender 1394 |
| from allowing an indigent person to select the indigent 1395 |
| 1396 |
| 1397 |
| elect the indigent person's own personal counsel to assist the 1398 |
| oint county public defender as co-counsel when the interests of 1399 |
| ustice so require. 1400 |
| () 1401 |
| 1402 |
| forded to an accused person immediately upon arrest, when 1403 |
| rought before a magistrate, or when formally charged, whichever 1404 |
| ccurs first. 1405 |
| (G） If a court appoints the office of the joint county 1406 |
| ablic defender to represent a petitioner in a postconviction 1407 |
| elief proceeding under section 2953.21 of the Revised Code, the 1408 |
| etitioner has received a sentence of death, and the proceeding 1409 |
| elates to that sentence, all of the attorneys who represent the 1410 |
| etitioner in the proceeding pursuant to the appointment, 1411 |
| Aether an assistant joint county defender or the joint county 1412 |
| ablic defender, shall be certified under Rule 20 of the Rules 1413 |
| f Superintendence for the Courts of ohio to represent indigent 1414 |
| efendants charged with or convieted of an offense for which the 1415 |
| eath penalty can be or has been imposed. 1416 |
H. B. No. 72 As Introduced
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
Sec. 120.28. (A) The joint county public defender commission's report to the joint board of county commissioners shall be audited by the fiscal officer of the district. The joint board of county commissioners, after review and approval of the audited report, may then certify it to the state public defender for reimbursement. If a request for the reimbursement of any operating expenditure incurred by a joint county public defender office is not received by the state public defender within sixty days after the end of the calendar month in which the expenditure is incurred, the state public defender shall not pay the requested reimbursement, unless the joint board of county commissioners has requested, and the state public defender has granted, an extension of the sixty-day time limit. Each request for reimbursement shall include a certification by the joint county public defender that all persons provided representation by the joint county public defender's office during the period covered by the request were indigent and, for each person provided representation during that period, a financial disclosure form completed by the person on a form prescribed by the state public defender. The state public defender shall also review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the Revised Code, prepare a voucher for the cost of each joint
H. B. No. 72 As Introduced
county public defender's office for the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code. For purposes of this section, "cost" means total expenses minus costs and expenses reimbursable under section 120.35 of the Revised Code and any funds received by the joint county public defender commission pursuant to a contract, except a contract entered into with a municipal corporation pursuant to division (E) of section 120.24 of the Revised Code, gift, or grant. Each county in the district shall be entitled to a share of such state reimbursement in proportion to the percentage of the cost it has agreed to pay.
(B) If the joint county public defender fails to maintain the standards for the conduct of the office established by the rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the Ohio public defender commission shall notify the joint county public defender commission and the board of county commissioners of each county in the district that the joint county public defender has failed to comply with its rules or the standards of the state public defender. Unless the joint public defender commission or the joint county public defender corrects the conduct of the joint county public defender's office to comply with the rules and standards within ninety days after the date of the notice, the state public defender may deny all or part of the counties' reimbursement from the state provided for in division (A) of this section.
H. B. No. 72 As Introduced
Sec. 120.33. (A) In lieu of using a county public defender 1478
or joint county public defender to represent indigent persons in 1479
the proceedings set forth in division (A) of section 120.16 of 1480
the Revised Code, the board of county commissioners of any 1481
county may adopt a resolution to pay counsel who are either 1482
personally selected by the indigent person or appointed by the 1483
court. The resolution shall include those provisions the board 1484
of county commissioners considers necessary to provide effective 1485
representation of indigent persons in any proceeding for which 1486
counsel is provided under this section. The resolution shall 1487
include provisions for contracts with any municipal corporation 1488
under which the municipal corporation shall reimburse the county 1489
for counsel appointed to represent indigent persons charged with 1490
violations of the ordinances of the municipal corporation. 1491
(1) In a county that adopts a resolution to pay counsel, 1492
an indigent person shall have the right to do either of the 1493
following: 1494
(a) To select the person's own personal counsel to 1495
represent the person in any proceeding included within the 1496
provisions of the resolution; 1497
(b) To request the court to appoint counsel to represent 1498
the person in such a proceeding. 1499
(2) The court having jurisdiction over the proceeding in a 1500
county that adopts a resolution to pay counsel shall, after 1501
determining that the person is indigent and entitled to legal 1502
representation under this section, do either of the following: 1503
(a) By signed journal entry recorded on its docket, enter 1504
the name of the lawyer selected by the indigent person as 1505
counsel of record; 1506
H. B. No. 72 As Introduced
(b) Appoint counsel for the indigent person if the person 1507
has requested the court to appoint counsel and, by signed 1508
journal entry recorded on its dockets, enter the name of the 1509
lawyer appointed for the indigent person as counsel of record. 1510
(3) The board of county commissioners shall establish a schedule of fees by case or on an hourly basis to be paid to counsel for legal services provided pursuant to a resolution adopted under this section. Prior to establishing the schedule, the board of county commissioners shall request the bar association or associations of the county to submit a proposed schedule for cases other than capital cases. The schedule submitted shall be subject to the review, amendment, and approval of the board of county commissioners, except with respect to capital cases. With respect to capital cases, the schedule shall provide for fees by case or on an hourly basis to be paid to counsel in the amount or at the rate set by the capital case attorney fee council pursuant to division (D) of this section, and the board of county commissioners shall approve that amount or rate.
(4) Counsel selected by the indigent person or appointed 1526
by the court at the request of an indigent person in a county 1527
that adopts a resolution to pay counsel, except for counsel 1528
appointed to represent a person charged with any violation of an 1529
ordinance of a municipal corporation that has not contracted 1530
with the county commissioners for the payment of appointed 1531
counsel, shall be paid by the county and shall receive the 1532
compensation and expenses the court approves. With respect to 1533
capital cases, the court shall approve compensation and expenses 1534
in accordance with the amount or at the rate set by the capital 1535
case attorney fee council pursuant to division (D) of this 1536
section. Each request for payment shall include a financial 1537
H. B. No. 72 As Introduced
disclosure form completed by the indigent person on a form 1538
prescribed by the state public defender. Compensation and 1539
expenses shall not exceed the amounts fixed by the board of 1540
county commissioners in the schedule adopted pursuant to 1541
division (A)(3) of this section. No court shall approve 1542
compensation and expenses that exceed the amount fixed pursuant 1543
to division (A)(3) of this section. 1544
The fees and expenses approved by the court shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented has, or may reasonably be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay. Pursuant to section 120.04 of the Revised Code, the county shall pay to the state public defender a percentage of the payment received from the person in an amount proportionate to the percentage of the costs of the person's case that were paid to the county by the state public defender pursuant to this section. The money paid to the state public defender shall be credited to the client payment fund created pursuant to division (B)(5) of section 120.04 of the Revised Code.
The county auditor shall draw a warrant on the county treasurer for the payment of counsel in the amount fixed by the court, plus the expenses the court fixes and certifies to the auditor. The county auditor shall report periodically, but not less than annually, to the board of county commissioners and to the state public defender the amounts paid out pursuant to the approval of the court. The board of county commissioners, after review and approval of the auditor's report, or the county auditor, with permission from and notice to the board of county commissioners, may then certify it to the state public defender
H. B. No. 72 As Introduced
for reimbursement. The state public defender may pay a requested reimbursement only if the request for reimbursement includes a financial disclosure form completed by the indigent person on a form prescribed by the state public defender or if the court certifies by electronic signature as prescribed by the state public defender that a financial disclosure form has been completed by the indigent person and is available for inspection. If a request for the reimbursement of the cost of counsel in any case is not received by the state public defender within ninety days after the end of the calendar month in which the case is finally disposed of by the court, unless the county has requested and the state public defender has granted an extension of the ninety-day limit, the state public defender shall not pay the requested reimbursement. The state public defender shall also review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the Revised Code, prepare a voucher for the cost of each county appointed counsel system in the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code.
(5) If any county appointed counsel system fails to 1594
maintain the standards for the conduct of the system established 1595
by the rules of the Ohio public defender commission pursuant to 1596
divisions (B) and (C) of section 120.03 or the standards 1597
established by the state public defender pursuant to division 1598
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1599
H. B. No. 72 Page 55
As Introduced
defender commission shall notify the board of county 1600
commissioners of the county that the county appointed counsel 1601
system has failed to comply with its rules or the standards of 1602
the state public defender. Unless the board of county 1603
commissioners corrects the conduct of its appointed counsel 1604
system to comply with the rules and standards within ninety days 1605
after the date of the notice, the state public defender may deny 1606
all or part of the county's reimbursement from the state 1607
provided for in division (A)(4) of this section. 1608
(B) In lieu of using a county public defender or joint county public defender to represent indigent persons in the proceedings set forth in division (A) of section 120.16 of the Revised Code, and in lieu of adopting the resolution and following the procedure described in division (A) of this section, the board of county commissioners of any county may contract with the state public defender for the state public defender's legal representation of indigent persons. A contract entered into pursuant to this division may provide for payment for the services provided on a per case, hourly, or fixed contract basis.
(C) If a court appoints an attorney pursuant to this section to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, the attorney who represents the petitioner in the proceeding pursuant to the appointment shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed.
H. B. No. 72 As Introduced
(D)(1) There is hereby created the capital case attorney 1630
fee council, appointed as described in division (D)(2) of this 1631
section. The council shall set an amount by case, or a rate on 1632
an hourly basis, to be paid under this section to counsel in a 1633
capital case. 1634
(2) The capital case attorney fee council shall consist of 1635
five members, all of whom shall be active judges serving on one 1636
of the district courts of appeals in this state. Terms for 1637
council members shall be the lesser of three years or until the 1638
member ceases to be an active judge of a district court of 1639
appeals. The initial terms shall commence ninety days after 1640
September 28, 2016. The chief justice of the supreme court shall 1641
appoint the members of the council, and shall make all of the 1642
appointments not later than sixty days after September 28, 2016. 1643
When any vacancy occurs, the chief justice shall appoint an 1644
active judge of a district court of appeals in this state to 1645
fill the vacancy for the unexpired term, in the same manner as 1646
prescribed in this division. The chief justice shall designate a 1647
chairperson from the appointed members of the council. Members 1648
of the council shall receive no additional compensation for 1649
their service as a member, but may be reimbursed for expenses 1650
reasonably incurred in service to the council, to be paid by the 1651
supreme court. The supreme court may provide administrative 1652
support to the council. 1653
(3) The capital case attorney fee council initially shall meet not later than one hundred twenty days after September 28, 2016. Thereafter, the council shall meet not less than annually.
(4) Upon setting the amount or rate described in division (D)(1) of this section, the chairperson of the capital case attorney fee council promptly shall provide written notice to
H. B. No. 72 As Introduced
the state public defender of the amount or rate so set. The amount or rate so set shall become effective ninety days after the date on which the chairperson provides that written notice to the state public defender. The council shall specify that effective date in the written notice provided to the state public defender. All amounts or rates set by the council shall be final, subject to modification as described in division (D) (5) of this section, and not subject to appeal.
(5) The capital case attorney fee council may modify an amount or rate set as described in division (D)(4) of this section. The provisions of that division apply with respect to any such modification of an amount or rate.
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Sec. 120.34. (A) Except as provided in division (D) of this section, the total amount of money paid to all counties in any fiscal year pursuant to sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code for the reimbursement of the counties' cost of operating county public defender offices, joint county public defender offices, and county appointed counsel systems, the counties' costs and expenses of conducting the defense in capital cases, and the counties' costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code shall not exceed the total amount appropriated for that fiscal year by the general assembly for the reimbursement of the counties for the operation of the offices and systems and for those appointed counsel costs and expenses, and shall be determined as specified in this section. If the amount appropriated by the general assembly in any fiscal year is insufficient to pay the cost in the fiscal year of all county public defender offices, all joint county public defender offices, all county appointed counsel systems, and all costs and expenses of appointed counsel covered by section 2941.51 of the
H. B. No. 72 As Introduced
| de, the amount of money paid in that fiscal year | ||
| sections 120.18, 120.28, 120.33, 120.35,and 2941.51 | 1691 | |
| 1692 | ||
| sed Code to each county for the fiscal year shall be | 1693 | |
| portionately so that each county is paid an equal | 1694 | |
| of its cost in the fiscal year for operating its | 1695 | |
| ic defender system, its joint county public defender | 1696 | |
| d its county appointed counsel system, an equal | 1697 | |
| of its costs and expenses of conducting the defense | 1698 | |
| cases in the fiscal year, and an equal percentage of | 1699 | |
| the Revised Code. | and expenses of appointed counsel covered by section | 1700 1701 |
| usd auo o uo u so uoo ue | 1702 | |
| 0.18, 120.28, 120.33, 120.35,0r 2941.51 of the | 1703 | |
| de that is in excess of the amount of reimbursement it | 1704 | |
| A to receive pursuant to this section, the state | 1705 | |
| ender shall request the board of county commissioners | 1706 | |
| the excess payment and the board of county | 1707 | |
| ers, upon receipt of the request, shall direct the | 1708 | |
| county officer to return the excess payment to the | 1709 | |
| 1710 | ||
| ithin thirty days of the end of each fiscal quarter, | 1711 | |
| 1712 | ||
| lent and the legislative service commission an | 1713 | |
| the amount of money that will be required for the | 1714 | |
| the fiscal year to make the payments required by | 1715 | |
| 0.18, 120.28, 120.33, 120.35，and 2941.51 of the | 1716 | |
| le. | 1717 | |
| o reimbursement shall be made under this section for | ||
| idigent defense to the extent that those costs exceed | 1718 1719 | |
| rate, if any, established by the general assembly. | 1720 |
H. B. No. 72 As Introduced
(E) All payments relating to capital cases that were required to be made under the provisions of this chapter or section 2941.51 of the Revised Code as those provisions existed immediately before the effective date of this amendment shall be made for each calendar or fiscal year, as applicable, in accordance with those provisions as they existed immediately before the effective date of this amendment until each case in which a defendant was sentenced to death before the effective date of this amendment is finally resolved.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means records kept by any public 1731
office, including, but not limited to, state, county, city, 1732
village, township, and school district units, and records 1733
pertaining to the delivery of educational services by an 1734
alternative school in this state kept by the nonprofit or for- 1735
profit entity operating the alternative school pursuant to 1736
section 3313.533 of the Revised Code. "Public record" does not 1737
mean any of the following: 1738
(a) Medical records; 1739
(b) Records pertaining to probation and parole 1740
proceedings, to proceedings related to the imposition of 1741
community control sanctions and post-release control sanctions, 1742
or to proceedings related to determinations under section 1743
2967.271 of the Revised Code regarding the release or maintained 1744
incarceration of an offender to whom that section applies; 1745
(c) Records pertaining to actions under section 2151.85 1746
and division (C) of section 2919.121 of the Revised Code and to 1747
appeals of actions arising under those sections; 1748
(d) Records pertaining to adoption proceedings, including 1749
H. B. No. 72 As Introduced
the contents of an adoption file maintained by the department of 1750
health under sections 3705.12 to 3705.124 of the Revised Code; 1751
(e) Information in a record contained in the putative 1752
father registry established by section 3107.062 of the Revised 1753
Code, regardless of whether the information is held by the 1754
department of job and family services or, pursuant to section 1755
3111.69 of the Revised Code, the office of child support in the 1756
department or a child support enforcement agency; 1757
(f) Records specified in division (A) of section 3107.52 1758
of the Revised Code; 1759
(g) Trial preparation records; 1760
(h) Confidential law enforcement investigatory records; 1761
(i) Records containing information that is confidential 1762
under section 2710.03 or 4112.05 of the Revised Code; 1763
(j) DNA records stored in the DNA database pursuant to 1764
section 109.573 of the Revised Code; 1765
(k) Inmate records released by the department of 1766
rehabilitation and correction to the department of youth 1767
services or a court of record pursuant to division (E) of 1768
section 5120.21 of the Revised Code; 1769
(l) Records maintained by the department of youth services 1770
pertaining to children in its custody released by the department 1771
of youth services to the department of rehabilitation and 1772
correction pursuant to section 5139.05 of the Revised Code; 1773
(m) Intellectual property records; 1774
(n) Donor profile records; 1775
(o) Records maintained by the department of job and family 1776
H. B. No. 72 As Introduced
services pursuant to section 3121.894 of the Revised Code; 1777
(p) Designated public service worker residential and 1778
familial information; 1779
(q) In the case of a county hospital operated pursuant to 1780
Chapter 339. of the Revised Code or a municipal hospital 1781
operated pursuant to Chapter 749. of the Revised Code, 1782
information that constitutes a trade secret, as defined in 1783
section 1333.61 of the Revised Code; 1784
(r) Information pertaining to the recreational activities 1785
of a person under the age of eighteen; 1786
(s) In the case of a child fatality review board acting 1787
under sections 307.621 to 307.629 of the Revised Code or a 1788
review conducted pursuant to guidelines established by the 1789
director of health under section 3701.70 of the Revised Code, 1790
records provided to the board or director, statements made by 1791
board members during meetings of the board or by persons 1792
participating in the director's review, and all work products of 1793
the board or director, and in the case of a child fatality 1794
review board, child fatality review data submitted by the board 1795
to the department of health or a national child death review 1796
database, other than the report prepared pursuant to division 1797
(A) of section 307.626 of the Revised Code; 1798
(t) Records provided to and statements made by the 1799
executive director of a public children services agency or a 1800
prosecuting attorney acting pursuant to section 5153.171 of the 1801
Revised Code other than the information released under that 1802
section; 1803
(u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator
H. B. No. 72 As Introduced
that the board of executives of long-term services and supports 1806
administers under section 4751.15 of the Revised Code or 1807
contracts under that section with a private or government entity 1808
to administer; 1809
(v) Records the release of which is prohibited by state or 1810
federal law; 1811
(w) Proprietary information of or relating to any person 1812
that is submitted to or compiled by the Ohio venture capital 1813
authority created under section 150.01 of the Revised Code; 1814
(x) Financial statements and data any person submits for 1815
any purpose to the Ohio housing finance agency or the 1816
controlling board in connection with applying for, receiving, or 1817
accounting for financial assistance from the agency, and 1818
information that identifies any individual who benefits directly 1819
or indirectly from financial assistance from the agency; 1820
(y) Records listed in section 5101.29 of the Revised Code; 1821
(z) Discharges recorded with a county recorder under 1822
section 317.24 of the Revised Code, as specified in division (B) 1823
(2) of that section; 1824
(aa) Usage information including names and addresses of 1825
specific residential and commercial customers of a municipally 1826
owned or operated public utility; 1827
(bb) Records described in division (C) of section 187.04 1828
f the Revised Code that are not designated to be made available 1829
to the public as provided in that division; 1830
(cc) Information and records that are made confidential, 1831
privileged, and not subject to disclosure under divisions (B) 1832
and (C) of section 2949.221 of the Revised Code; 1833
H. B. No. 72 As Introduced
(dd) Personal information, as defined in section 149.45 of the Revised Code;
(ee)(dd) The confidential name, address, and other personally identifiable information of a program participant in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code, including the contents of any application for absent voter's ballots, absent voter's ballot identification envelope statement of voter, or provisional ballot affirmation completed by a program participant who has a confidential voter registration record; records or portions of records pertaining to that program that identify the number of program participants that reside within a precinct, ward, township, municipal corporation, county, or any other geographic area smaller than the state; and any real property confidentiality notice filed under section 111.431 of the Revised Code and the information described in division (C) of that section. As used in this division, "confidential address" and "program participant" have the meaning defined in section 111.41 of the Revised Code.
(ff)(ee) Orders for active military service of an individual serving or with previous service in the armed forces of the United States, including a reserve component, or the Ohio organized militia, except that, such order becomes a public record on the day that is fifteen years after the published date or effective date of the call to order;
(gg)(ff) The name, address, contact information, or other 1859
personal information of an individual who is less than eighteen 1860
years of age that is included in any record related to a traffic 1861
accident involving a school vehicle in which the individual was 1862
an occupant at the time of the accident; 1863
H. B. No. 72 As Introduced
| (hh)(gg) Protected health information, as defined in 45 | 1864 |
| C.F.R. 160.l03, that is in a claim for payment for a health care | 1865 |
| product, service, or procedure, as well as any other health | 1866 |
| 1867 | |
| individual who is the subject of the data or could be used to | 1868 |
| reveal that individual's identity; | 1869 |
| (ii(hh) Any depiction by photograph, film, videotape, or | 1870 |
| printed or digital image under either of the following | 1871 |
| circumstances: | 1872 |
| (i） The depiction is that of a victim of an offense the | 1873 |
| release of which would be, to a reasonable person of ordinary | 1874 |
| sensibilities, an offensive and objectionable intrusion into the | 1875 |
| victim's expectation of bodily privacy and integrity. | 1876 |
| (ii) The depiction captures or depicts the victim of a | |
| sexually oriented offense, as defined in section 2950.01 of the | 1877 1878 |
| Revised Code， at the actual occurrence of that offense. | 1879 |
| dashboard camera recording; | 1880 1881 |
| (kk)(jj) In the case of a fetal-infant mortality review | 1882 |
| board acting under sections 3707.70 to 3707.77 of the Revised | 1883 |
| Code, records, documents, reports, or other information | 1884 |
| 1885 | |
| the board's behalf, statements made by review board members | 1886 |
| during board meetings， all work products of the board, and data | 1887 |
| submitted by the board to the department of health or a national | 1888 |
| infant death review database, other than the report prepared | |
| pursuant to section 3707.77 of the Revised Code. | 1889 |
| 1890 | |
| (ll(kk) Records, documents, reports, or other information | 1891 1892 |
H. B. No. 72
| Introduced | ||
| stablished under section 3738.01 of the Revised Code, | 1893 | |
| 1894 | ||
| 1895 | ||
| epartment of health, other than the biennial reports prepared | 1896 | |
| nder section 3738.08 of the Revised Code; | 1897 | |
| (mm)(ll) Except as otherwise provided in division (A)(l) | 1898 | |
| oo)(A)(l)(nn) of this section, telephone numbers for a victim, | 1899 | |
| s defined in section 2930.01 of the Revised Code or a witness | 1900 | |
| o a crime that are listed on any law enforcement record or | 1901 | |
| eport. | 1902 | |
| (nn)(mm) A preneed funeral contract, as defined in section | 1903 | |
| 717.0l of the Revised Code, and contract terms and personally | 1904 | |
| dentifying information of a preneed funeral contract, that is | 1905 | |
| ontained in a report submitted by or for a funeral home to the | 1906 | |
| Oard of embalmers and funeral directors under division (C） of | 1907 | |
| ection 4717.13, division (J） of section 4717.31， or section | 1908 | |
| 717.4l of the Revised Code. | 1909 | |
| (oo)(nn) Telephone numbers for a party to a motor vehicle | 1910 | |
| ccident subject to the requirements of section 5502.1l of the | 1911 | |
| 1912 | ||
| eport, except that the telephone numbers described in this | 1913 | |
| o r | 1914 | |
| nder this division on and after the thirtieth day after the | 1915 | |
| ccurrence of the motor vehicle accident. | 1916 | |
| (pp)(oo) Records pertaining to individuals who complete | 1917 | |
| raining under section 5502.703 of the Revised Code to be | 1918 | |
| ermitted by a school district board of education or governing | 1919 | |
| ody of a community school established under Chapter 3314. of | 1920 | |
| ne Revised Code, a STEM school established under Chapter 3326. | 1921 | |
| f the Revised Code, or a chartered nonpublic school to convey | 1922 | |
H. B. No. 72
As Introduced
deadly weapons or dangerous ordnance into a school safety zone; 1923
(qq)(pp) Records, documents, reports, or other information 1924
presented to a domestic violence fatality review board 1925
established under section 307.651 of the Revised Code, 1926
statements made by board members during board meetings, all work 1927
products of the board, and data submitted by the board to the 1928
department of health, other than a report prepared pursuant to 1929
section 307.656 of the Revised Code; 1930
(rr)(qq) Records, documents, and information the release 1931
of which is prohibited under sections 2930.04 and 2930.07 of the 1932
Revised Code; 1933
(ss)(rr) Records of an existing qualified nonprofit 1934
corporation that creates a special improvement district under 1935
Chapter 1710. of the Revised Code that do not pertain to a 1936
purpose for which the district is created; 1937
(tt)(ss) Educational support services data, as defined in 1938
section 3319.325 of the Revised Code. 1939
A record that is not a public record under division (A)(1) 1940
of this section and that, under law, is permanently retained 1941
becomes a public record on the day that is seventy-five years 1942
after the day on which the record was created, except for any 1943
record protected by the attorney-client privilege, a trial 1944
preparation record as defined in this section, a statement 1945
prohibiting the release of identifying information signed under 1946
section 3107.083 of the Revised Code, a denial of release form 1947
filed pursuant to section 3107.46 of the Revised Code, or any 1948
record that is exempt from release or disclosure under section 1949
149.433 of the Revised Code. If the record is a birth 1950
certificate and a biological parent's name redaction request 1951
H. B. No. 72 As Introduced
| Code, the name of that parent shall be redacted from the birth | 1952 1953 | ||||
| certificate before it is released under this paragraph. If any | 1954 | ||||
| other section of the Revised Code establishes a time period for | 1955 1956 | ||||
| disclosure of a record that conflicts with the time period | |||||
| prevails. | specified in this section, the time period in the other section | 1957 1958 | |||
| 1959 | |||||
| means any record that pertains to a law enforcement matter of a | 1960 | ||||
| criminal, quasi-criminal, civil, or administrative nature, but | 1961 | ||||
| only to the extent that the release of the record would create a | 1962 | ||||
| high probability of disclosure of any of the following: | 1963 | ||||
| (a） The identity of a suspect who has not been charged | 1964 | ||||
| with the offense to which the record pertains, or of an | 1965 | ||||
| information source or witness to whom confidentiality has been | 1966 | ||||
| reasonably promised; | 1967 | ||||
| (b） Information provided by an information source or | 1968 | ||||
| witness to whom confidentiality has been reasonably promised, | 1969 | ||||
| o o | 1970 | ||||
| or witness's identity; | 1971 | ||||
| (c） Specific confidential investigatory techniques or | 1972 | ||||
| procedures or specific investigatory work product; | 1973 | ||||
| (d) Information that would endanger the life or physical | 1974 | ||||
| safety of law enforcement personnel， a crime victim, a witness, | 1975 | ||||
| or a confidential information source. | 1976 | ||||
| (3）"Medical record" means any document or combination of | 1977 | ||||
| documents, except births, deaths, and the fact of admission to | 1978 | ||||
| or discharge from a hospital, that pertains to the medical | 1979 | ||||
| history， diagnosis, prognosis, or medical condition of a patient | 1980 | ||||
H. B. No. 72 As Introduced
and that is generated and maintained in the process of medical 1981
| treatment. 1982 |
| (4） "Trial preparation record" means any record that 1983 |
| contains information that is specifically compiled in reasonable 1984 |
| anticipation of,or in defense of,a civil or criminal action or 1985 |
| proceeding, including the independent thought processes and 1986 |
| personal trial preparation of an attorney. 1987 |
| (5） "Intellectual property record" means a record, other 1988 |
| than a financial or administrative record, that is produced or 1989 |
| collected by or for faculty or staff of a state institution of 1990 |
| higher learning in the conduct of or as a result of study or 1991 |
| research on an educational, commercial, scientific, artistic, 1992 |
| technical, or scholarly issue, regardless of whether the study 1993 |
| or research was sponsored by the institution alone or in 1994 |
| 1995 |
| that has not been publicly released, published, or patented. 1996 |
| 1997 1998 |
| except the names and reported addresses of the actual donors and 1999 |
| the date, amount, and conditions of the actual donation. 2000 |
| (7) "Designated public service worker" means a peace 2001 officer, parole officer, probation officer, bailiff， prosecuting 2002 |
| attorney, assistant prosecuting attorney， correctional employee, 2003 |
| county or multicounty corrections officer, community-based |
| 2004 |
| correctional facility employee, designated Ohio national guard 2005 |
| member, protective services worker, youth services employee, 2006 |
| firefighter, EMT, medical director or member of a cooperating 2007 |
| physician advisory board of an emergency medical service 2008 |
| organization, state board of pharmacy employee, investigator of 2009 |
| the bureau of criminal identification and investigation, 2010 |
H. B. No. 72 Page 69 As Introduced
emergency service telecommunicator, forensic mental health 2011
provider, mental health evaluation provider, regional 2012
psychiatric hospital employee, judge, magistrate, or federal law 2013
enforcement officer. 2014
(8) "Designated public service worker residential and 2015
familial information" means any information that discloses any 2016
of the following about a designated public service worker: 2017
(a) The address of the actual personal residence of a 2018
designated public service worker, except for the following 2019
information: 2020
(i) The address of the actual personal residence of a 2021
prosecuting attorney or judge; and 2022
(ii) The state or political subdivision in which a 2023
designated public service worker resides. 2024
(b) Information compiled from referral to or participation 2025
in an employee assistance program; 2026
(c) The social security number, the residential telephone 2027
number, any bank account, debit card, charge card, or credit 2028
card number, or the emergency telephone number of, or any 2029
medical information pertaining to, a designated public service 2030
worker; 2031
(d) The name of any beneficiary of employment benefits, 2032
including, but not limited to, life insurance benefits, provided 2033
to a designated public service worker by the designated public 2034
service worker's employer; 2035
(e) The identity and amount of any charitable or 2036
employment benefit deduction made by the designated public 2037
service worker's employer from the designated public service 2038
H. B. No. 72 As Introduced
| worker's compensation, unless the amount of the deduction is | 2039 | |
| required by state or federal law; | 2040 | |
| (f） The name, the residential address, the name of the | 2041 | |
| employer, the address of the employer, the social security | 2042 | |
| number, the residential telephone number, any bank account, | 2043 | |
| debit card, charge card, or credit card number, or the emergency | 2044 | |
| telephone number of the spouse, a former spouse, or any child of | 2045 | |
| a designated public service worker; | 2046 | |
| (g） A photograph of a peace officer who holds a position | 2047 | |
| or has an assignment that may include undercover or plain | 2048 | |
| clothes positions or assignments as determined by the peace | 2049 | |
| officer's appointing authority. | 2050 | |
| (9）As used in divisions (A)(7） and (l5）to (l7）of this | 2051 | |
| section: | 2052 | |
| "Peace officer" has the meaning defined in section 1o9.71 | 2053 | |
| of the Revised Code and also includes the superintendent and | 2054 | |
| troopers of the state highway patrol; it does not include the | 2055 | |
| sheriff of a county or a supervisory employee who, in the | 2056 | |
| absence of the sheriff， is authorized to stand in for， exercise | 2057 | |
| the authority of， and perform the duties of the sheriff. | 2058 | |
| "Correctional employee" means any employee of the | 2059 | |
| department of rehabilitation and correction who in the course of | 2060 | |
| performing the employee's job duties has or has had contact with | 2061 | |
| inmates and persons under supervision. | 2062 | |
| "County or multicounty corrections officer" means any | 2063 | |
| 2064 | ||
| correctional facility. | 2065 | |
| "Designated Ohio national guard member" means a member of | ||
| 2066 | ||
| the Ohio national guard who is participating in duties related | 2067 |
H. B. No. 72 As Introduced
| duties related to special forces operations, or duties related | pilots, sensor operators, and mission intelligence personnel, | 2069 | |
| 2070 | |||
| to cybersecurity, and is designated by the adjutant general as a | 2071 | ||
| designated public service worker for those purposes. | 2072 | ||
| "Protective services worker" means any employee of a | 2073 | ||
| county agency who is responsible for child protective services, | 2074 | ||
| child support services， or adult protective services. | 2075 | ||
| 2076 | |||
| department of youth services who in the course of performing the | 2077 | ||
| employee's job duties has or has had contact with children | 2078 | ||
| committed to the custody of the department of youth services. | 2079 | ||
| "Firefighter" means any regular, paid or volunteer, member | 2080 | ||
| of a lawfully constituted fire department of a municipal | 2081 | ||
| corporation, township, fire district, or village. | 2082 | ||
| "EMT" means EMTs-basic, EMTs-I, and paramedics that | 2083 | ||
| provide emergency medical services for a public emergency | 2084 | ||
| medical service organization. "Emergency medical service | 2085 | ||
| Organization," "EMT-basic," "EMT-I," and "paramedic" have the | 2086 | ||
| meanings defined in section 4765.01 of the Revised Code. | 2087 | ||
| "Investigator of the bureau of criminal identification and | 2088 | ||
| investigation" has the meaning defined in section 2903.ll of the | 2089 | ||
| Revised Code. | 2090 | ||
| 2091 | |||
| 2092 | |||
| section 128.01 of the Revised Code, whose primary responsibility | 2093 | ||
| is to be an operator for the receipt or processing of calls for | 2094 | ||
| emergency services made by telephone, radio, or other electronic |
H. B. No. 72 As Introduced
| unity mental health service provider or local alcohol, drug | |||
| 2098 | |||
| ction, and mental health services board who, in the course | 2099 | ||
| he employee's duties， has contact with persons committed to | 2100 | ||
| cal alcohol, drug addiction, and mental health services | 2101 | ||
| d by a court order pursuant to section 2945.38, 2945.39, | 2102 | ||
| .40, or 2945.402 of the Revised Code. | 2103 | ||
| 2104 | |||
| under Chapter 5122. of the Revised Code, examines a | 2105 | ||
| 2106 | |||
| 2107 | |||
| t order, as defined in section 5122.01 of the Revised Code, | |||
| reports to the probate court the respondent's mental | 2108 | ||
| ition. | 2109 | ||
| "Regional psychiatric hospital employee" means any | 2110 | ||
| oyee of the department of mental health and addiction | 2111 | ||
| ices who, in the course of performing the employee's duties, | 2112 | ||
| contact with patients committed to the department of mental | 2113 | ||
| 2114 | |||
| 2115 | |||
| ion 2945.38， 2945.39， 2945.40, or 2945.402 of the Revised | 2116 | ||
| "Federal law enforcement officer" has the meaning defined | 2117 | ||
| ection 9.88 of the Revised Code. | 2118 | ||
| (l0） "Information pertaining to the recreational | 2119 | ||
| vities of a person under the age of eighteen" means | 2120 | ||
| 2121 | |||
| ic office, that pertains to the recreational activities of a | 2122 | ||
| on under the age of eighteen years, and that discloses any | 2123 | ||
| he following: | 2124 | ||
| (a） The address or telephone number of a person under the |
H. B. No. 72 As Introduced
age of eighteen or the address or telephone number of that 2126
person's parent, guardian, custodian, or emergency contact 2127
person; 2128
(b) The social security number, birth date, or 2129
photographic image of a person under the age of eighteen; 2130
(c) Any medical record, history, or information pertaining 2131
to a person under the age of eighteen; 2132
(d) Any additional information sought or required about a 2133
person under the age of eighteen for the purpose of allowing 2134
that person to participate in any recreational activity 2135
conducted or sponsored by a public office or to use or obtain 2136
admission privileges to any recreational facility owned or 2137
operated by a public office. 2138
(11) "Community control sanction" has the meaning defined 2139
in section 2929.01 of the Revised Code. 2140
(12) "Post-release control sanction" has the meaning 2141
defined in section 2967.01 of the Revised Code. 2142
(13) "Redaction" means obscuring or deleting any 2143
information that is exempt from the duty to permit public 2144
inspection or copying from an item that otherwise meets the 2145
definition of a "record" in section 149.011 of the Revised Code. 2146
(14) "Designee," "elected official," and "future official" 2147
have the meanings defined in section 109.43 of the Revised Code. 2148
(15) "Body-worn camera" means a visual and audio recording 2149
device worn on the person of a correctional employee, youth 2150
services employee, or peace officer while the correctional 2151
employee, youth services employee, or peace officer is engaged 2152
in the performance of official duties. 2153
H. B. No. 72 As Introduced
| (16) "Dashboard camera" means a visual and audio recording | |||
| 2154 2155 | |||
| used while the peace officer is engaged in the performance of | 2156 | ||
| the peace officer's duties. | 2157 | ||
| (17) "Restricted portions of a body-worn camera or dashboard camera recording" means any visual or audio portion of | 2158 2159 | ||
| a body-worn camera or dashboard camera recording that shows, | 2160 | ||
| communicates, or discloses any of the following: | 2161 | ||
| (a） The image or identity of a child or information that could lead to the identification of a child who is a primary | 2162 | ||
| subject of the recording when the department of rehabilitation | 2163 2164 | ||
| and correction, department of youth services, or the law | 2165 | ||
| o o o | 2166 | ||
| child based on the department's or law enforcement agency's | 2167 | ||
| records or the content of the recording; | 2168 | ||
| unless the death was caused by a correctional employee, youth | 2169 2170 | ||
| services employee, or peace officer or, subject to division (H) | 2171 | ||
| (l） of this section， the consent of the decedent's executor or | 2172 | ||
| administrator has been obtained; | 2173 | ||
| (c） The death of a correctional employee, youth services employee, peace officer, firefighter, paramedic, or other first | 2174 | ||
| responder, occurring while the decedent was engaged in the | 2175 2176 | ||
| performance of official duties, unless, subject to division (H) | 2177 | ||
| (l） of this section， the consent of the decedent's executor or | 2178 | ||
| administrator has been obtained; | 2179 | ||
| by a correctional employee, youth services employee, or peace | (d) Grievous bodily harm, unless the injury was effected | 2180 2181 | |
| officer or， subject to division (H)(l） of this section， the | 2182 |
H. B. No. 72 As Introduced
consent of the injured person or the injured person's guardian 2183
has been obtained; 2184
(e) An act of severe violence against a person that 2185
results in serious physical harm to the person, unless the act 2186
and injury was effected by a correctional employee, youth 2187
services employee, or peace officer or, subject to division (H) 2188
(1) of this section, the consent of the injured person or the 2189
injured person's guardian has been obtained; 2190
(f) Grievous bodily harm to a correctional employee, youth 2191
services employee, peace officer, firefighter, paramedic, or 2192
other first responder, occurring while the injured person was 2193
engaged in the performance of official duties, unless, subject 2194
to division (H)(1) of this section, the consent of the injured 2195
person or the injured person's guardian has been obtained; 2196
(g) An act of severe violence resulting in serious 2197
physical harm against a correctional employee, youth services 2198
employee, peace officer, firefighter, paramedic, or other first 2199
responder, occurring while the injured person was engaged in the 2200
performance of official duties, unless, subject to division (H) 2201
(1) of this section, the consent of the injured person or the 2202
injured person's guardian has been obtained; 2203
(h) A person's nude body, unless, subject to division (H) 2204
(1) of this section, the person's consent has been obtained; 2205
(i) Protected health information, the identity of a person 2206
in a health care facility who is not the subject of a 2207
correctional, youth services, or law enforcement encounter, or 2208
any other information in a health care facility that could 2209
identify a person who is not the subject of a correctional, 2210
youth services, or law enforcement encounter; 2211
H. B. No. 72 As Introduced
(j) Information that could identify the alleged victim of 2212
a sex offense, menacing by stalking, or domestic violence; 2213
(k) Information, that does not constitute a confidential 2214
law enforcement investigatory record, that could identify a 2215
person who provides sensitive or confidential information to the 2216
department of rehabilitation and correction, the department of 2217
youth services, or a law enforcement agency when the disclosure 2218
of the person's identity or the information provided could 2219
reasonably be expected to threaten or endanger the safety or 2220
property of the person or another person;
(l) Personal information of a person who is not arrested, cited, charged, or issued a written warning by a peace officer; (m) Proprietary correctional, youth services, or police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;
(n) A personal conversation unrelated to work between correctional employees, youth services employees, or peace officers or between a correctional employee, youth services employee, or peace officer and an employee of a law enforcement agency;
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(o) A conversation between a correctional employee, youth services employee, or peace officer and a member of the public that does not concern correctional, youth services, or law enforcement activities;
(p) The interior of a residence, unless the interior of a residence is the location of an adversarial encounter with, or a use of force by, a correctional employee, youth services employee, or peace officer;
(q) Any portion of the interior of a private business that
H. B. No. 72
| As Introduced | ||
| 2241 | ||
| or a use of force by, a correctional employee, youth services | 2242 | |
| employee, or peace officer occurs in that location. | 2243 | |
| As used in division (A)(l7） of this section: | 2244 | |
| 2245 | ||
| 5924.120 of the Revised Code. | 2246 | |
| "Health care facility" has the same meaning as in section | 2247 | |
| 1337.1l of the Revised Code. | 2248 | |
| "Protected health information" has the Same meaning as in | 2249 | |
| 45 C.F.R. 160.103. | 2250 | |
| "Law enforcement agency" means a government entity that | 2251 | |
| employs peace officers to perform law enforcement duties. | 2252 | |
| identification number, date of birth, address, financial | "Personal information" means any government-issued | 2253 |
| information, or criminal justice information from the law | 2254 2255 | |
| enforcement automated data system or similar databases. | 2256 | |
| of the Revised Code. | 2257 2258 | |
| Same meanings as in section 4765.01 of the Revised Code. | 2259 2260 | |
| (B)(l) Upon request by any person and subject to division | 2261 | |
| (B)(8) of this section, all public records responsive to the | 2262 | |
| request shall be promptly prepared and made available for | 2263 | |
| inspection to the requester at all reasonable times during | 2264 | |
| regular business hours. Subject to division (B)(8） of this | 2265 | |
| section, upon request by any person, a public office or person | 2266 | |
| responsible for public records shall make copies of the | 2267 | |
| requested public record available to the requester at cost and | 2268 | |
H. B. No. 72 As Introduced
within a reasonable period of time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction. When the auditor of state receives a request to inspect or to make a copy of a record that was provided to the auditor of state for purposes of an audit, but the original public office has asserted to the auditor of state that the record is not a public record, the auditor of state may handle the requests by directing the requestor to the original public office that provided the record to the auditor of state.
(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the
H. B. No. 72 As Introduced
person responsible for the requested public record may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties.
(3) If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office or the person responsible for the requested public record from relying upon additional reasons or legal authority in defending an action commenced under division (C) of this section.
(4) Unless specifically required or authorized by state or federal law or in accordance with division (B) of this section, no public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any requirement that the requester disclose the requester's identity or the intended use of the requested public record constitutes a denial of the request.
(5) A public office or person responsible for public records may ask a requester to make the request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not
H. B. No. 72 As Introduced
mandatory, that the requester may decline to reveal the requester's identity or the intended use, and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester.
(6) If any person requests a copy of a public record in accordance with division (B) of this section, the public office or person responsible for the public record may require the requester to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the requester under this division. The public office or the person responsible for the public record shall permit the requester to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the requester makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the requester. Nothing in this section requires a public office or person responsible for the public record to allow the requester of a copy of the public record to make the copies of the public record.
(7)(a) Upon a request made in accordance with division (B) of this section and subject to division (B)(6) of this section, a public office or person responsible for public records shall transmit a copy of a public record to any person by United
H. B. No. 72 As Introduced
| States mail or by any other means of delivery or transmission | 2361 | ||
| within a reasonable period of time after receiving the request | 2362 | ||
| 2363 | |||
| 2364 | |||
| in advance the cost of postage if the copy is transmitted by | 2365 | ||
| United States mail or the cost of delivery if the copy is | 2366 | ||
| transmitted other than by United States mail, and to pay in | 2367 | ||
| 2368 | |||
| mailing, delivery, or transmission. | 2369 | ||
| (b） Any public office may adopt a policy and procedures | 2370 | ||
| that it will follow in transmitting, within a reasonable period | 2371 | ||
| of time after receiving a request, copies of public records by | 2372 | ||
| United States mail or by any other means of delivery or | 2373 | ||
| transmission pursuant to division (B)(7） of this section.A | 2374 | ||
| public office that adopts a policy and procedures under division | 2375 2376 | ||
| duties under that division. | (B)(7） of this section shall comply with them in performing its | 2377 | |
| (B)(7） of this section: | (c) In any policy and procedures adopted under division | 2378 2379 | |
| (i） A public office may limit the number of records | 2380 | ||
| requested by a person that the office will physically deliver by | 2381 | ||
| 2382 | |||
| month, unless the person certifies to the office in writing that | 2383 | ||
| the person does not intend to use or forward the requested | 2384 | ||
| records, or the information contained in them, for commercial | 2385 | ||
| purposes; | 2386 | ||
| (ii） A public office that chooses to provide some or all | 2387 | ||
| of its public records on a web site that is fully accessible to | 2388 | ||
| and searchable by members of the public at all times, other than | 2389 | ||
| during acts of God outside the public office's control or | 2390 |
H. B. No. 72 As Introduced
maintenance, and that charges no fee to search, access, download, or otherwise receive records provided on the web site, may limit to ten per month the number of records requested by a person that the office will deliver in a digital format, unless the requested records are not provided on the web site and unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes.
(iii) For purposes of division (B)(7) of this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.
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(8) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justiciable claim of the person.
(9)(a) Upon written request made and signed by a journalist, a public office, or person responsible for public records, having custody of the records of the agency employing a
H. B. No. 72 As Introduced
| Specified designated public service worker shall disclose to the | 2421 |
| journalist the address of the actual personal residence of the | 2422 |
| designated public service worker and, if the designated public | 2423 |
| service worker's spouse, former spouse, or child is employed by | 2424 |
| a public office, the name and address of the employer of the | 2425 |
| designated public service worker's spouse, former spouse, or | 2426 |
| child. The request shall include the journalist's name and title | 2427 |
| and the name and address of the journalist's employer and shall | 2428 |
| state that disclosure of the information sought would be in the | 2429 |
| public interest. | 2430 |
| (b） Division (B)(9)(a) of this section also applies to | 2431 |
| journalist requests for: | 2432 |
| (i） Customer information maintained by a municipally owned | 2433 |
| or operated public utility, other than social security numbers | 2434 |
| and any private financial information such as credit reports, | 2435 |
| payment methods, credit card numbers, and bank account | |
| information; | 2436 2437 |
| (ii） Information about minors involved in a school vehicle | |
| accident as provided in division (A)(l)(gg)(A)(l)(ff) of this | 2438 |
| section, other than personal information as defined in section | 2439 |
| 149.45 of the Revised Code. | 2440 |
| 2441 | |
| (c） As used in division (B)(9) of this section, | 2442 |
| "journalist" means a person engaged in, connected with, or | 2443 |
| 'utzebeu 'iadedsmau e butpniout 'untpau smau Kue Ka paKotdue | 244 4 |
| press association, news agency, or wire service, a radio or | 2445 |
| television station, or a similar medium, for the purpose of | 2446 |
| gathering, processing, transmitting, compiling, editing, or | 2447 |
| disseminating information for the general public. | 2448 |
| 2449 |
H. B. No. 72 As Introduced
| 2930.02 of the Revised Code， a public office or person responsible for public records shall transmit a copy of a | 2451 | ||
| 2452 | |||
| depiction of the victim as described in division (A)(l)(ii>(A) | 2453 | ||
| (l)(hh) of this section to the victim, victim's attorney, or | 2454 | ||
| victim's representative. | 2455 | ||
| (C)(l) If a person allegedly is aggrieved by the failure | 2456 | ||
| of a public office or the person responsible for public records | 2457 | ||
| to promptly prepare a public record and to make it available to | 2458 | ||
| 2459 | |||
| this section or by any other failure of a public office or the | 2460 | ||
| person responsible for public records to comply with an | 2461 | ||
| obligation in accordance with division (B） of this section, the | 2462 | ||
| notboth: | person allegedly aggrieved may do only one of the following, and | 2463 | |
| 2464 | |||
| (a） File a complaint with the clerk of the court of claims | 2465 | ||
| or the clerk of the court of common pleas under section 2743.75 | 2466 | ||
| of the Revised Code; | 2467 | ||
| a () | 2468 | ||
| 2469 | |||
| public record to comply with division (B) of this section, that | 2470 | ||
| awards court costs and reasonable attorney's fees to the person | 2471 | ||
| that instituted the mandamus action, and, if applicable, that | 2472 | ||
| ()(o) uotstatp tapun sabeuep roanaeis butxiy tapto ue sapniout | 2473 | ||
| of this section. The mandamus action may be commenced in the | 2474 | ||
| court of common pleas of the county in which division (B） of | 2475 | ||
| this section allegedly was not complied with, in the supreme | 2476 | ||
| court pursuant to its original jurisdiction under Section 2 of | 2477 | ||
| Article IV, Ohio Constitution, or in the court of appeals for | 2478 | ||
| the appellate district in which division (B) of this section | 2479 | ||
H. B. No. 72 As Introduced
allegedly was not complied with pursuant to its original 2480
jurisdiction under Section 3 of Article IV, Ohio Constitution. 2481
(2) If a requester transmits a written request by hand delivery, electronic submission, or certified mail to inspect or receive copies of any public record in a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requester shall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section.
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The amount of statutory damages shall be fixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to comply with an obligation in accordance with division (B) of this section, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maximum of one thousand dollars. The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information. The existence of this injury shall be conclusively presumed. The award of statutory damages shall be in addition to all other remedies authorized by this section.
The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following:
(a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or
H. B. No. 72 As Introduced
threatened conduct of the public office or person responsible 2510
for the requested public records that allegedly constitutes a 2511
failure to comply with an obligation in accordance with division 2512
(B) of this section and that was the basis of the mandamus 2513
action, a well-informed public office or person responsible for 2514
the requested public records reasonably would believe that the 2515
conduct or threatened conduct of the public office or person 2516
responsible for the requested public records did not constitute 2517
a failure to comply with an obligation in accordance with 2518
division (B) of this section; 2519
(b) That a well-informed public office or person 2520
responsible for the requested public records reasonably would 2521
believe that the conduct or threatened conduct of the public 2522
office or person responsible for the requested public records 2523
would serve the public policy that underlies the authority that 2524
is asserted as permitting that conduct or threatened conduct. 2525
(3) In a mandamus action filed under division (C)(1) of 2526
this section, the following apply: 2527
(a)(i) If the court orders the public office or the person 2528
responsible for the public record to comply with division (B) of 2529
this section, the court shall determine and award to the relator 2530
all court costs, which shall be construed as remedial and not 2531
punitive. 2532
(ii) If the court makes a determination described in 2533
division (C)(3)(b)(iii) of this section, the court shall 2534
determine and award to the relator all court costs, which shall 2535
be construed as remedial and not punitive. 2536
(b) If the court renders a judgment that orders the public 2537
office or the person responsible for the public record to comply 2538
H. B. No. 72 As Introduced
with division (B) of this section or if the court determines any of the following, the court may award reasonable attorney's fees to the relator, subject to division (C)(4) of this section:
(i) The public office or the person responsible for the public records failed to respond affirmatively or negatively to the public records request in accordance with the time allowed under division (B) of this section.
(ii) The public office or the person responsible for the public records promised to permit the relator to inspect or receive copies of the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time.
(iii) The public office or the person responsible for the 2551
public records acted in bad faith when the office or person 2552
voluntarily made the public records available to the relator for 2553
the first time after the relator commenced the mandamus action, 2554
but before the court issued any order concluding whether or not 2555
the public office or person was required to comply with division 2556
(B) of this section. No discovery may be conducted on the issue 2557
of the alleged bad faith of the public office or person 2558
responsible for the public records. This division shall not be 2559
construed as creating a presumption that the public office or 2560
the person responsible for the public records acted in bad faith 2561
when the office or person voluntarily made the public records 2562
available to the relator for the first time after the relator 2563
commenced the mandamus action, but before the court issued any 2564
order described in this division. 2565
(c) The court shall not award attorney's fees to the 2566
relator if the court determines both of the following: 2567
H. B. No. 72
| AsIntroduced |
| (i） That, based on the ordinary application of statutory 2568 |
| law and case law as it existed at the time of the conduct or 2569 |
| threatened conduct of the public office or person responsible 2570 |
| for the requested public records that allegedly constitutes a 2571 |
| failure to comply with an obligation in accordance with division 2572 |
| (B） of this section and that was the basis of the mandamus 2573 |
| action, a well-informed public office or person responsible for 2574 |
| the requested public records reasonably would believe that the 2575 |
| 2576 |
| responsible for the requested public records did not constitute 2577 |
| a failure to comply with an obligation in accordance with 2578 |
| division (B） of this section; 2579 |
| (ii） That a well-informed public office or person 2580 |
| responsible for the requested public records reasonably would 2581 |
| believe that the conduct or threatened conduct of the public 2582 |
| office or person responsible for the requested public records 2583 |
| would serve the public policy that underlies the authority that 2584 |
| is asserted as permitting that conduct or threatened conduct. 2585 |
| (4） All of the following apply to any award of reasonable 2586 |
| attorney's fees awarded under division (C)(3)(b) of this 2587 |
| section: 2588 |
| (a) The fees shall be construed as remedial and not 2589 |
| punitive. 2590 |
| (b） The fees awarded shall not exceed the total of the 2591 |
| reasonable attorney's fees incurred before the public record was 2592 |
| 2593 |
| (C)(4)(c) of this section. 2594 |
| (c） Reasonable attorney's fees shall include reasonable 2595 |
| fees incurred to produce proof of the reasonableness and amount 2596 |
H. B. No. 72 As Introduced
| of the fees and to otherwise litigate entitlement to the fees. | 2597 | ||
| (d） The court may reduce the amount of fees awarded if the | 2598 | ||
| court determines that, given the factual circumstances involved | 2599 | ||
| with the specific public records request, an alternative means | 2600 | ||
| 2601 | |||
| resolve the dispute that was subject to the mandamus action | 2602 | ||
| filed under division (C)(l） of this section. | 2603 | ||
| (5） If the court does not issue a writ of mandamus under | 2604 | ||
| division (C） of this section and the court determines at that | 2605 | ||
| time that the bringing of the mandamus action was frivolous | 2606 | ||
| conduct as defined in division (A） of section 2323.51 of the | 2607 | ||
| Revised Code, the court may award to the public office all court | 2608 | ||
| costs, expenses, and reasonable attorney's fees, as determined | 2609 | ||
| by the court. | 2610 | ||
| (D） Chapter 1347.of the Revised Code does not limit the | 2611 | ||
| provisions of this section. | 2612 | ||
| (E)(l) To ensure that all employees of public offices are | 2613 | ||
| appropriately educated about a public office's obligations under | 2614 | ||
| division (B） of this section, all elected officials or their | 2615 | ||
| 2616 | |||
| 2617 | |||
| Code. A future official may satisfy the requirements of this | 2618 | ||
| 2619 | |||
| division by attending the training before taking office, | 2620 | ||
| future official's place. | provided that the future official may not send a designee in the | 2621 | |
| (2) All public offices shall adopt a public records policy | oo a g o o u | 2622 2623 | |
| requests. In adopting a public records policy under this | 2624 |
division, a public office may obtain guidance from the model
H. B. No. 72 As Introduced
public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.
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The public office shall distribute the public records policy adopted by the public office under this division to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office. The public office shall require that employee to acknowledge receipt of the copy of the public records policy. The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site. A public office that has established a manual or handbook of its general policies and procedures for all employees of the public office shall include the public records policy of the public office in the manual or handbook.
(F)(1) The bureau of motor vehicles may adopt rules pursuant to Chapter 119. of the Revised Code to reasonably limit the number of bulk commercial special extraction requests made by a person for the same records or for updated records during a calendar year. The rules may include provisions for charges to
H. B. No. 72 As Introduced
be made for bulk commercial special extraction requests for the actual cost of the bureau, plus special extraction costs, plus ten per cent. The bureau may charge for expenses for redacting information, the release of which is prohibited by law.
(2) As used in division (F)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies, records storage media costs, actual mailing and alternative delivery costs, or other transmitting costs, and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services.
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(b) "Bulk commercial special extraction request" means a request for copies of a record for information in a format other than the format already available, or information that cannot be extracted without examination of all items in a records series, class of records, or database by a person who intends to use or forward the copies for surveys, marketing, solicitation, or resale for commercial purposes. "Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, marketing, solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction. "Special extraction
H. B. No. 72 As Introduced
| records services. | 2686 2687 |
| (3）For purposes of divisions (F）(l） and (2）of this | 2688 |
| ction, "surveys, marketing, solicitation, or resale for | 2689 |
| mmercial purposes" shall be narrowly construed and does not | 2690 |
| clude reporting or gathering news, reporting or gathering | 2691 |
| formation to assist citizen oversight or understanding of the | 2692 |
| eration or activities of government, or nonprofit educational | 2693 |
| search. | 2694 |
| (G） A request by a defendant， counsel of a defendant， or | 2695 |
| Y agent of a defendant in a criminal action that public | 2696 |
| 2697 | |
| ction shall be considered a demand for discovery pursuant to | 2698 |
| e Criminal Rules, except to the extent that the Criminal Rules | 2699 |
| ainly indicate a contrary intent. The defendant, counsel of | 2700 |
| e defendant， or agent of the defendant making a request under | 2701 |
| is division shall serve a copy of the request on the | 2702 |
| osecuting attorney, director of law, or other chief legal | 2703 |
| ficer responsible for prosecuting the action. | 2704 |
| o o um-po o uo u (）() | 2705 |
| mera recording described in divisions (A)(l7)(b） to (h)of | 2706 |
| is section may be released by consent of the subject of the | 2707 |
| cording or a representative of that person, as specified in | 2708 |
| ose divisions, only if either of the following applies: | 2709 |
| (a) The recording will not be used in connection with any | 2710 |
| obable or pending criminal proceedings; | 2711 |
| (b） The recording has been used in connection with a | 2712 |
| iminal proceeding that was dismissed or for which a judgment | 2713 |
| s been entered pursuant to Rule 32 of the Rules of Criminal | 2714 |
H. B. No. 72 As Introduced
Procedure, and will not be used again in connection with any 2715
probable or pending criminal proceedings. 2716
(2) If a public office denies a request to release a restricted portion of a body-worn camera or dashboard camera recording, as defined in division (A)(17) of this section, any person may file a mandamus action pursuant to this section or a complaint with the clerk of the court of claims pursuant to section 2743.75 of the Revised Code, requesting the court to order the release of all or portions of the recording. If the court considering the request determines that the filing articulates by clear and convincing evidence that the public interest in the recording substantially outweighs privacy interests and other interests asserted to deny release, the court shall order the public office to release the recording.
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Sec. 149.436. Notwithstanding division (A)(1)(gg) (A)(1) (ff) of section 149.43 of the Revised Code, upon written request made and signed by the parent or guardian of an individual who is less than eighteen years of age and was an occupant of a school vehicle involved in a traffic accident, a public office or person responsible for public records, having custody of any record related to the traffic accident containing the personal information of the individual, shall transmit a copy of that record to the recipient identified in the request.
The written request shall identify the individual on whose behalf the record is requested and the person to whom the record shall be transmitted. The record shall be transmitted only to the person identified in the written request as the recipient of the record.
A public office or person responsible for records responding to a request under this section shall redact any
H. B. No. 72 As Introduced
personal information contained in the record of any individual 2745
less than eighteen years of age who is not the subject of the 2746
request, before providing the record to the recipient. 2747
Sec. 1901.183. In addition to jurisdiction otherwise granted in this chapter, the environmental division of a municipal court shall have jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:
(A) Notwithstanding any monetary limitations in section 1901.17 of the Revised Code, in all actions and proceedings for the sale of real or personal property under lien of a judgment of the environmental division of the municipal court, or a lien for machinery, material, fuel furnished, or labor performed, irrespective of amount, and, in those cases, the environmental division may proceed to foreclose and marshal all liens and all vested or contingent rights, to appoint a receiver, and to render personal judgment irrespective of amount in favor of any party;
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(B) When in aid of execution of a judgment of the environmental division of the municipal court, in all actions for the foreclosure of a mortgage on real property given to secure the payment of money, or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the real property is situated within the territory, and, in those cases, the environmental division may proceed to foreclose all liens and all vested and contingent rights and proceed to render judgments, and make findings and orders, between the parties, in the same manner and to the same extent as in similar cases in the court of common pleas;
(C) When in aid of execution of a judgment of the
H. B. No. 72 As Introduced
environmental division of the municipal court, in all actions 2775
for the recovery of real property situated within the territory 2776
to the same extent as courts of common pleas have jurisdiction; 2777
(D) In all actions for injunction to prevent or terminate 2778
violations of the ordinances and regulations of any municipal 2779
corporation within its territory enacted or promulgated under 2780
the police power of that municipal corporation pursuant to 2781
Section 3 of Article XVIII, Ohio Constitution, over which the 2782
court of common pleas has or may have jurisdiction, and, in 2783
those cases, the environmental division of the municipal court 2784
may proceed to render judgments, and make findings and orders, 2785
in the same manner and to the same extent as in similar cases in 2786
the court of common pleas; 2787
(E) In all actions for injunction to prevent or terminate violations of the resolutions and regulations of any political subdivision within its territory enacted or promulgated under the power of that political subdivision pursuant to Article X of the Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those cases, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar cases in the court of common pleas;
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(F) In any civil action to enforce any provision of Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code over which the court of common pleas has or may have jurisdiction, and, in those actions, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar actions in the court of common pleas;
(G) In all actions and proceedings in the nature of
H. B. No. 72 As Introduced
| creditors' bills, and in aid of execution to subject the | |||
| interests of a judgment debtor in real or personal property to | 2805 | ||
| 2806 | |||
| the payment of a judgment of the division, and, in those actions | 2807 | ||
| and proceedings, the environmental division may proceed to | 2808 | ||
| marshal and foreclose all liens on the property irrespective of | 2809 | ||
| the property; | the amount of the lien, and all vested or contingent rights in | 2810 2811 | |
| 2812 | |||
| of all criminal actions or proceedings related to the pollution | 2813 | ||
| of the air， ground, or water within the territory of the | 2814 | ||
| environmental division of the municipal court，for whieh a | 2815 | ||
| 2816 | |||
| Revised Code; | 2817 | ||
| (I） In any review or appeal of any final order of any | 2818 | ||
| administrative officer, agency, board, department, tribunal, | 2819 | ||
| commission, or other instrumentality that relates to a local | 2820 | ||
| building, housing, air pollution, sanitation, health, fire, | 2821 | ||
| zoning, or safety code, ordinance, or regulation, in the same | 2822 | ||
| of common pleas; | a | 2823 | |
| 2824 | |||
| (J） With respect to the environmental division of the | 2825 | ||
| Franklin county municipal court, to hear appeals from | 2826 | ||
| Revised Code. | adjudication hearings conducted under Chapter 956. of the | 2827 | |
| 2828 | |||
| Sec. 2152.13. (A） A juvenile court shall impose a serious | 2829 | ||
| youthful dispositional sentence on a child when required under | 2830 | ||
| division (B)(3） of section 2152.121 of the Revised Code. In such | 2831 | ||
| a case, the remaining provisions of this division and divisions | 2832 | ||
| (B） and (C) do not apply to the child， and the court shall | 2833 | ||
| impose the mandatory serious youthful dispositional sentence | 2834 |
H. B. No. 72 As Introduced
under division (D)(1) of this section. 2835
In all other cases, a juvenile court may impose a serious 2836
youthful offender dispositional sentence on a child only if the 2837
prosecuting attorney of the county in which the delinquent act 2838
allegedly occurred initiates the process against the child in 2839
accordance with this division, and the child is an alleged 2840
delinquent child who is eligible for the dispositional sentence. 2841
The prosecuting attorney may initiate the process in any of the 2842
following ways: 2843
(1) Obtaining an indictment of the child as a serious 2844
youthful offender; 2845
(2) The child waives the right to indictment, charging the 2846
child in a bill of information as a serious youthful offender; 2847
(3) Until an indictment or information is obtained, 2848
requesting a serious youthful offender dispositional sentence in 2849
the original complaint alleging that the child is a delinquent 2850
child; 2851
(4) Until an indictment or information is obtained, if the 2852
original complaint does not request a serious youthful offender 2853
dispositional sentence, filing with the juvenile court a written 2854
notice of intent to seek a serious youthful offender 2855
dispositional sentence within twenty days after the later of the 2856
following, unless the time is extended by the juvenile court for 2857
good cause shown: 2858
(a) The date of the child's first juvenile court hearing 2859
regarding the complaint; 2860
(b) The date the juvenile court determines not to transfer 2861
the case under section 2152.12 of the Revised Code. 2862
H. B. No. 72 As Introduced
| After a written notice is filed under division (A)(4） of | 2863 | ||||||
| section, the juvenile court shall serve a copy of the | 2864 | ||||||
| ce on the child and advise the child of the prosecuting | 2865 | ||||||
| rney's intent to seek a serious youthful offender | 2866 2867 | ||||||
| Ositional sentence in the case. | |||||||
| (B)If an alleged delinquent child is not indicted or | 2868 | ||||||
| ged by information as described in division (A)(l）or (2）of | 2869 | ||||||
| section and if a notice or complaint as described in | 2870 | ||||||
| sion (A)(3）or (4）of this section indicates that the | 2871 | ||||||
| ecuting attorney intends to pursue a serious youthful | 2872 | ||||||
| nder dispositional sentence in the case, the juvenile court | 2873 | ||||||
| l hold a preliminary hearing to determine if there is | 2874 | ||||||
| able cause that the child committed the act charged and is | 2875 | ||||||
| ge eligible for, or required to receive, a serious youthful | 2876 | ||||||
| ider dispositional sentence. | 2877 | ||||||
| 2878 | |||||||
| (C)(l） A child for whom a serious youthful offender | 2879 | ||||||
| ositional sentence is sought by a prosecuting attorney has | 2880 | ||||||
| cight to a grand jury determination of probable cause that | 2881 | ||||||
| child committed the act charged and that the child is | 2882 | ||||||
| ible by age for a serious youthful offender dispositional | 2883 | ||||||
| o o a | |||||||
| s or the juvenile court. | 2884 | ||||||
| Once a child is indicted, or charged by information or the | 2885 | ||||||
| nile court determines that the child is eligible for a | 2886 | ||||||
| ous youthful offender dispositional sentence, the child is | 2887 | ||||||
| oo uan ur in a traa aads u uado ue oa a | 2888 | ||||||
| co be provided with a transcript of the proceedings. The | within which the trial is to be held under Title XXIX of | 2889 | |||||
| Revised Code commences on whichever of the following dates | 2890 | ||||||
| 2891 | |||||||
| oplicable: | 2892 | ||||||
H. B. No. 72 As Introduced
(a) If the child is indicted or charged by information, on the date of the filing of the indictment or information.
(b) If the child is charged by an original complaint that requests a serious youthful offender dispositional sentence, on the date of the filing of the complaint.
(c) If the child is not charged by an original complaint that requests a serious youthful offender dispositional sentence, on the date that the prosecuting attorney files the written notice of intent to seek a serious youthful offender dispositional sentence.
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(2) If the child is detained awaiting adjudication, upon indictment or being charged by information, the child has the same right to bail as an adult charged with the offense the alleged delinquent act would be if committed by an adult. Except as provided in division (D) of section 2152.14 of the Revised Code, all provisions of Title XXIX of the Revised Code and the Criminal Rules shall apply in the case and to the child. The juvenile court shall afford the child all rights afforded a person who is prosecuted for committing a crime including the right to counsel and the right to raise the issue of competency. The child may not waive the right to counsel.
(D)(1) If a child is adjudicated a delinquent child for 2914
committing an act under circumstances that require the juvenile 2915
court to impose upon the child a serious youthful offender 2916
dispositional sentence under section 2152.11 of the Revised 2917
Code, all of the following apply: 2918
(a) The juvenile court shall impose upon the child a sentence available for the violation, as if the child were an adult, under Chapter 2929. of the Revised Code, except that the
H. B. No. 72 As Introduced
| e court shall not impose on the child a sentence of death imprisonment without parole. |
| 2922 2923 |
| b）The juvenile court also shall impose upon the child 2924 |
| more traditional juvenile dispositions under sections 2925 |
| ， 2152.19, and 2152.20, and, if applicable, section 2926 |
| of the Revised Code. 2927 |
| c） The juvenile court shall stay the adult portion of the 2928 |
| youthful offender dispositional sentence pending the 2929 |
| ful completion of the traditional juvenile dispositions 2930 2931 |
| 2)(a) If a child is adjudicated a delinquent child for 2932 |
| ing an act under circumstances that allow, but do not 2933 |
| e，the juvenile court to impose on the child a serious 2934 |
| l offender dispositional sentence under section 2l52.11 2935 |
| Revised Code, all of the following apply: 2936 |
| i） If the juvenile court on the record makes a finding 2937 |
| liven the nature and circumstances of the violation and 2938 |
| tory of the child,the length of time, level of security, 2939 |
| es of programming and resources available in the juvenile 2940 |
| alone are not adequate to provide the juvenile court with 2941 |
| nable expectation that the purposes set forth in section 2942 |
| of the Revised Code will be met, the juvenile court may 2943 |
| upon the child a sentence available for the violation, as 2944 |
| child were an adult, under Chapter 2929. of the Revised 2945 |
| xcept that the juvenile court shall not impose on the 2946 |
| sentence of death or life imprisonment without parole. 2947 |
| ii） If a sentence is imposed under division (D)(2)(a)(i) 2948 |
| section, the juvenile court also shall impose upon the 2949 2950 |
H. B. No. 72 As Introduced
| cions 2152.16, 2152.19, and 2152.20 and, if applicable, | |||
| ion 2152.17 of the Revised Code. | 2951 2952 | ||
| (iii） The juvenile court shall stay the adult portion of | 2953 | ||
| serious youthful offender dispositional sentence pending the | 2954 | ||
| cessful completion of the traditional juvenile dispositions | 2955 | ||
| Dsed. | 2956 | ||
| (b） If the juvenile court does not find that a sentence | 2957 | ||
| ld be imposed under division (D)(2）(a)(i） of this section, | 2958 | ||
| 2959 | |||
| oositions under sections 2152.16, 2152.19, 2152.20, and, if | 2960 | ||
| icable, section 2152.17 of the Revised Code. | 2961 | ||
| (3） A child upon whom a serious youthful offender | 2962 | ||
| oositional sentence is imposed under division (D)(l） or (2) | 2963 | ||
| chis section has a right to appeal under division (A) (l), | 2964 | ||
| (4)， or (5） of section 2953.08 of the Revised Code the | 2965 | ||
| t portion of the serious youthful offender dispositional | 2966 | ||
| cence when any of those divisions apply. The child may appeal | 2967 | ||
| adult portion, and the court shall consider the appeal as if | 2968 | ||
| adult portion were not stayed. | 2969 | ||
| Sec. 2152.67. Any adult who is arrested or charged under | 2970 | ||
| provision in this chapter and who is charged with a crime | 2971 | ||
| ua uodn bpn un u o 'n a a e puwp | 2972 | ||
| a 1n 1og puwp ·1n 1o u uotow umo s, | 2973 | ||
| 2974 | |||
| e set for trial, or within three days after counsel has been | 2975 | ||
| ained, whichever is later. Sections 2945.17 and 2945.23 to | 2976 | ||
| 5.36 of the Revised Code, relating to the drawing and | 2977 | ||
| 2978 | |||
| 2979 | |||
| er this section. The compensation of jurors and costs of the | 2980 | ||
H. B. No. 72 As Introduced
| s u e s s | 2981 | ||
| in criminal cases in the court of common pleas. | 2982 | ||
| Sec. 23o1.20. All civil and criminal actions in the court | 2983 | ||
| of common pleas shall be recorded. The reporter shall take | 2984 | ||
| accurate notes of or electronically record the oral testimony. | 2985 | ||
| The notes and electronic records shall be filed in the office of | 2986 | ||
| the official reporter and carefully preserved for either of the | 2987 | ||
| following periods of time: | 2988 | ||
| (A) If the action is not a eapital case_in which a | 2989 | ||
| sentence of life imprisonment has been imposed or a case in | 2990 | ||
| which, prior to the effective date of this amendment, a sentence | 2991 | ||
| of death was imposed, the notes and electronic records shall be | 2992 | ||
| 2993 | |||
| common pleas, which period of time shall not be longer than the | 2994 | ||
| period of time that the other records of the particular action | 2995 | ||
| are required to be kept. | 2996 | ||
| (B) If the action is a eapital caser_in which a sentence | 2997 | ||
| of life imprisonment has been imposed or a case in which, prior | 2998 | ||
| to the effective date of this amendment, a sentence of death has | 2999 | ||
| been imposed the notes and electronic records shall be preserved | 3000 | ||
| for the longer of ten years or until the final disposition of | 3001 | ||
| the action and exhaustion of all appeals. | 3002 | ||
| Sec. 2307.60. (A)(1） Anyone injured in person or property | 3003 | ||
| by a criminal act has, and may recover full damages in, a civil | 3004 | ||
| action unless specifically excepted by law, may recover the | 3005 | ||
| costs of maintaining the civil action and attorney's fees if | 3006 | ||
| authorized by any provision of the Rules of Civil Procedure or | 3007 | ||
| 3008 | |||
| this state, and may recover punitive or exemplary damages if | 3009 | ||
| 3010 |
H. B. No. 72 As Introduced
Code.
(2) A final judgment of a trial court that has not been reversed on appeal or otherwise set aside, nullified, or vacated, entered after a trial or upon a plea of guilty, but not upon a plea of no contest or the equivalent plea from another jurisdiction, that adjudges an offender guilty of an offense of violence punishable by death or imprisonment in excess of one year, when entered as evidence in any subsequent civil proceeding based on the criminal act, shall preclude the offender from denying in the subsequent civil proceeding any fact essential to sustaining that judgment, unless the offender can demonstrate that extraordinary circumstances prevented the offender from having a full and fair opportunity to litigate the issue in the criminal proceeding or other extraordinary circumstances justify affording the offender an opportunity to relitigate the issue. The offender may introduce evidence of the offender's pending appeal of the final judgment of the trial court, if applicable, and the court may consider that evidence in determining the liability of the offender.
(B)(1) As used in division (B) of this section:
(a) "Tort action" means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons. "Tort action" includes, but is not limited to, a product liability claim, as defined in section 2307.71 of the Revised Code, and an asbestos claim, as defined in section 2307.91 of the Revised Code, an action for wrongful death under Chapter 2125. of the Revised Code, and an action based on derivative claims for relief.
(b) "Residence" has the same meaning as in section 2901.05
H. B. No. 72 As Introduced
| iced | |
| Revised Code. | 30 41 |
| 2） Recovery on a claim for relief in a tort action is | 3042 |
| 3043 | |
| following apply: | 3044 |
| a） The person has been convicted of or has pleaded guilty | 3045 |
| lony, or to a misdemeanor that is an offense of violence, | 3046 |
| out of criminal conduct that was a proximate cause of | 3047 |
| iry or loss for which relief is claimed in the tort | 3048 |
| 3049 | |
| o） The person engaged in conduct that, if prosecuted, | 3050 |
| onstitute a felony, a misdemeanor that is an offense of | 3051 |
| e，an attempt to commit a felony， or an attempt to commit | 3052 |
| meanor that is an offense of violence and that conduct | 3053 |
| roximate cause of the injury or loss for which relief is | 3054 |
| in the tort action, regardless of whether the person has | 3055 |
| nvicted of or pleaded guilty to or has been charged with | 3056 |
| ing the felony, the misdemeanor, or the attempt to commit | 3057 |
| ony or misdemeanor. | 3058 |
| 3059 | |
| is claimed in the tort action as a proximate result of | 3060 |
| tim of conduct that， if prosecuted, would constitute a | 3061 |
| a misdemeanor that is an offense of violence, an attempt | 3062 |
| it a felony， or an attempt to commit a misdemeanor that | 3063 |
| ffense of violence acting against the person in self- | 3064 |
| defense of another， or defense of the victim's | 3065 |
| ce, regardless of whether the person has been convicted | 3066 |
| leaded guilty to or has been charged with committing the | 3067 |
| the misdemeanor, or the attempt to commit the felony or | 3068 |
| anor.Division (B)(2)(c） of this section does not apply | 3069 |
| person who suffered the injury or loss, at the time of | 3070 |
H. B. No. 72 As Introduced
the victim's act of self-defense, defense of another, or defense 3071
of residence, was an innocent bystander who had no connection 3072
with the underlying conduct that prompted the victim's exercise 3073
of self-defense, defense of another, or defense of residence. 3074
(3) Recovery against a victim of conduct that, if prosecuted, would constitute a felony, a misdemeanor that is an offense of violence, an attempt to commit a felony, or an attempt to commit a misdemeanor that is an offense of violence, on a claim for relief in a tort action is barred to any person or the person's legal representative if conduct the person engaged in against that victim was a proximate cause of the injury or loss for which relief is claimed in the tort action and that conduct, if prosecuted, would constitute a felony, a misdemeanor that is an offense of violence, an attempt to commit a felony, or an attempt to commit a misdemeanor that is an offense of violence, regardless of whether the person has been convicted of or pleaded guilty to or has been charged with committing the felony, the misdemeanor, or the attempt to commit the felony or misdemeanor.
(4) Divisions (B)(1) to (3) of this section do not apply to civil claims based upon alleged intentionally tortious conduct, alleged violations of the United States Constitution, or alleged violations of statutes of the United States pertaining to civil rights. For purposes of division (B)(4) of this section, a person's act of self-defense, defense of another, or defense of the person's residence does not constitute intentionally tortious conduct.
Sec. 2317.02. The following persons shall not testify in certain respects:
(A)(1) An attorney, concerning a communication made to the
H. B. No. 72 As Introduced
attorney by a client in that relation or concerning the attorney's advice to a client, except that the attorney may testify by express consent of the client or, if the client is deceased, by the express consent of the surviving spouse or the executor or administrator of the estate of the deceased client. However, if the client voluntarily reveals the substance of attorney-client communications in a nonprivileged context or is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the attorney may be compelled to testify on the same subject.
The testimonial privilege established under this division does not apply concerning either of the following:
(a) A communication between a client in a capital case, as defined in section 2901.02 of the Revised Code, and the client's attorney if the communication is relevant to a subsequent ineffective assistance of counsel claim by the client alleging that the attorney did not effectively represent the client in the case;
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(b) A a communication between a client who has since died and the deceased client's attorney if the communication is relevant to a dispute between parties who claim through that deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction, and the dispute addresses the competency of the deceased client when the deceased client executed a document that is the basis of the dispute or whether the deceased client was a victim of fraud, undue influence, or duress when the deceased client executed a document that is the basis of the dispute.
(2) An attorney, concerning a communication made to the attorney by a client in that relationship or the attorney's
H. B. No. 72 As Introduced
advice to a client, except that if the client is an insurance company, the attorney may be compelled to testify, subject to an in camera inspection by a court, about communications made by the client to the attorney or by the attorney to the client that are related to the attorney's aiding or furthering an ongoing or future commission of bad faith by the client, if the party seeking disclosure of the communications has made a prima-facie showing of bad faith, fraud, or criminal misconduct by the client.
(B)(1) A physician, advanced practice registered nurse, or dentist concerning a communication made to the physician, advanced practice registered nurse, or dentist by a patient in that relation or the advice of a physician, advanced practice registered nurse, or dentist given to a patient, except as otherwise provided in this division, division (B)(2), and division (B)(3) of this section, and except that, if the patient is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the physician or advanced practice registered nurse may be compelled to testify on the same subject.
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The testimonial privilege established under this division does not apply, and a physician, advanced practice registered nurse, or dentist may testify or may be compelled to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery provisions of the Rules of Civil Procedure in connection with a civil action, or in connection with a claim under Chapter 4123. of the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal representative of the patient gives express consent;
H. B. No. 72
| AsIntroduced |
| (ii） If the patient is deceased， the spouse of the patient 3161 |
| or the executor or administrator of the patient's estate gives 3162 |
| express consent; 3163 |
| (iii） If a medical claim, dental claim, chiropractic 3164 |
| claim, or optometric claim, as defined in section 2305.113 of 3165 |
| g oe ' 3166 |
| of civil action, or a claim under Chapter 4l23.of the Revised 3167 |
| 3168 |
| estate of the patient if deceased, or the patient's guardian or 3169 |
| Other legal representative. 3170 |
| (b） In any civil action concerning court-ordered treatment 3171 |
| or services received by a patient, if the court-ordered 3172 |
| treatment or services were ordered as part of a case plan 3173 |
| journalized under section 2151.412 of the Revised Code or the 3174 |
| court-ordered treatment or services are necessary or relevant to 3175 3176 |
| dependency， neglect, or abuse or temporary or permanent custody proceedings under Chapter 2151. of the Revised Code. 3177 |
| (c） In any criminal action concerning any test or the 3178 |
| results of any test that determines the presence or 3179 |
| concentration of alcohol， a drug of abuse, a combination of 3180 |
| them, a controlled substance, or a metabolite of a controlled 3181 substance in the patient's whole blood, blood serum or plasma, |
| 3182 oreath, urine， or other bodily substance at any time relevant to 3183 |
| the criminal offense in question. 3184 |
| (d) In any criminal action against a physician, advanced 3185 |
| practice registered nurse, or dentist. In such an action, the 3186 |
| cestimonial privilege established under this division does not 3187 |
| prohibit the admission into evidence, in accordance with the 3188 |
| Rules of Evidence, of a patient's medical or dental records or 3189 |
| other communications between a patient and the physician, 3190 |
H. B. No. 72 As Introduced
advanced practice registered nurse, or dentist that are related to the action and obtained by subpoena, search warrant, or other lawful means. A court that permits or compels a physician, advanced practice registered nurse, or dentist to testify in such an action or permits the introduction into evidence of patient records or other communications in such an action shall require that appropriate measures be taken to ensure that the confidentiality of any patient named or otherwise identified in the records is maintained. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.
(e)(i) If the communication was between a patient who has since died and the deceased patient's physician, advanced practice registered nurse, or dentist, the communication is relevant to a dispute between parties who claim through that deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction, and the dispute addresses the competency of the deceased patient when the deceased patient executed a document that is the basis of the dispute or whether the deceased patient was a victim of fraud, undue influence, or duress when the deceased patient executed a document that is the basis of the dispute.
(ii) If neither the spouse of a patient nor the executor or administrator of that patient's estate gives consent under division (B)(1)(a)(ii) of this section, testimony or the disclosure of the patient's medical records by a physician, advanced practice registered nurse, dentist, or other health care provider under division (B)(1)(e)(i) of this section is a permitted use or disclosure of protected health information, as defined in 45 C.F.R. 160.103, and an authorization or opportunity to be heard shall not be required.
H. B. No. 72 As Introduced
(iii) Division (B)(1)(e)(i) of this section does not 3222
require a mental health professional to disclose psychotherapy 3223
notes, as defined in 45 C.F.R. 164.501. 3224
(iv) An interested person who objects to testimony or disclosure under division (B)(1)(e)(i) of this section may seek a protective order pursuant to Civil Rule 26.
(v) A person to whom protected health information is disclosed under division (B)(1)(e)(i) of this section shall not use or disclose the protected health information for any purpose other than the litigation or proceeding for which the information was requested and shall return the protected health information to the covered entity or destroy the protected health information, including all copies made, at the conclusion of the litigation or proceeding.
(2)(a) If any law enforcement officer submits a written statement to a health care provider that states that an official criminal investigation has begun regarding a specified person or that a criminal action or proceeding has been commenced against a specified person, that requests the provider to supply to the officer copies of any records the provider possesses that pertain to any test or the results of any test administered to the specified person to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at any time relevant to the criminal offense in question, and that conforms to section 2317.022 of the Revised Code, the provider, except to the extent specifically prohibited by any law of this state or of the United States, shall supply to the officer a copy of any of the requested records the provider possesses. If
H. B. No. 72 As Introduced
the health care provider does not possess any of the requested 3252
records, the provider shall give the officer a written statement 3253
that indicates that the provider does not possess any of the 3254
requested records. 3255
(b) If a health care provider possesses any records of the type described in division (B)(2)(a) of this section regarding the person in question at any time relevant to the criminal offense in question, in lieu of personally testifying as to the results of the test in question, the custodian of the records may submit a certified copy of the records, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of records submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test to which the records pertain, the person under whose supervision the test was administered, the custodian of the records, the person who made the records, or the person under whose supervision the records were made.
(3)(a) If the testimonial privilege described in division (B)(1) of this section does not apply as provided in division (B)(1)(a)(iii) of this section, a physician, advanced practice registered nurse, or dentist may be compelled to testify or to submit to discovery under the Rules of Civil Procedure only as to a communication made to the physician, advanced practice registered nurse, or dentist by the patient in question in that relation, or the advice of the physician, advanced practice registered nurse, or dentist given to the patient in question, that related causally or historically to physical or mental
H. B. No. 72 As Introduced
injuries that are relevant to issues in the medical claim, 3283
dental claim, chiropractic claim, or optometric claim, action 3284
for wrongful death, other civil action, or claim under Chapter 3285
4123. of the Revised Code. 3286
(b) If the testimonial privilege described in division (B) (1) of this section does not apply to a physician, advanced practice registered nurse, or dentist as provided in division (B)(1)(c) of this section, the physician, advanced practice registered nurse, or dentist, in lieu of personally testifying as to the results of the test in question, may submit a certified copy of those results, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of results submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test in question, the person under whose supervision the test was administered, the custodian of the results of the test, the person who compiled the results, or the person under whose supervision the results were compiled.
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(4) The testimonial privilege described in division (B)(1) of this section is not waived when a communication is made by a physician or advanced practice registered nurse to a pharmacist or when there is communication between a patient and a pharmacist in furtherance of the physician-patient or advanced practice registered nurse-patient relation.
(5)(a) As used in divisions (B)(1) to (4) of this section, "communication" means acquiring, recording, or transmitting any information, in any manner, concerning any facts, opinions, or
H. B. No. 72 As Introduced
statements necessary to enable a physician, advanced practice 3313
registered nurse, or dentist to diagnose, treat, prescribe, or 3314
act for a patient. A "communication" may include, but is not 3315
limited to, any medical or dental, office, or hospital 3316
communication such as a record, chart, letter, memorandum, 3317
laboratory test and results, x-ray, photograph, financial 3318
statement, diagnosis, or prognosis. 3319
(b) As used in division (B)(2) of this section, "health care provider" means a hospital, ambulatory care facility, longterm care facility, pharmacy, emergency facility, or health care practitioner.
(c) As used in division (B)(5)(b) of this section:
(i) "Ambulatory care facility" means a facility that provides medical, diagnostic, or surgical treatment to patients who do not require hospitalization, including a dialysis center, ambulatory surgical facility, cardiac catheterization facility, diagnostic imaging center, extracorporeal shock wave lithotripsy center, home health agency, inpatient hospice, birthing center, radiation therapy center, emergency facility, and an urgent care center. "Ambulatory health care facility" does not include the private office of a physician, advanced practice registered nurse, or dentist, whether the office is for an individual or group practice.
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(ii) "Emergency facility" means a hospital emergency department or any other facility that provides emergency medical services.
(iii) "Health care practitioner" has the same meaning as in section 4769.01 of the Revised Code.
(iv) "Hospital" has the same meaning as in section 3727.01
H. B. No. 72 As Introduced
of the Revised Code. 3342
(v) "Long-term care facility" means a nursing home, 3343
residential care facility, or home for the aging, as those terms 3344
are defined in section 3721.01 of the Revised Code; a 3345
residential facility licensed under section 5119.34 of the 3346
Revised Code that provides accommodations, supervision, and 3347
personal care services for three to sixteen unrelated adults; a 3348
nursing facility, as defined in section 5165.01 of the Revised 3349
Code; a skilled nursing facility, as defined in section 5165.01 3350
of the Revised Code; and an intermediate care facility for 3351
individuals with intellectual disabilities, as defined in 3352
section 5124.01 of the Revised Code. 3353
(vi) "Pharmacy" has the same meaning as in section 4729.01 3354
of the Revised Code. 3355
(d) As used in divisions (B)(1) and (2) of this section, 3356
"drug of abuse" has the same meaning as in section 4506.01 of 3357
the Revised Code. 3358
(6) Divisions (B)(1), (2), (3), (4), and (5) of this 3359
section apply to doctors of medicine, doctors of osteopathic 3360
medicine, doctors of podiatry, advanced practice registered 3361
nurses, and dentists. 3362
(7) Nothing in divisions (B)(1) to (6) of this section 3363
affects, or shall be construed as affecting, the immunity from 3364
civil liability conferred by section 307.628 of the Revised Code 3365
or the immunity from civil liability conferred by section 3366
2305.33 of the Revised Code upon physicians or advanced practice 3367
registered nurses who report an employee's use of a drug of 3368
abuse, or a condition of an employee other than one involving 3369
the use of a drug of abuse, to the employer of the employee in 3370
H. B. No. 72 As Introduced
accordance with division (B) of that section. As used in 3371
division (B)(7) of this section, "employee," "employer," and 3372
"physician" have the same meanings as in section 2305.33 of the 3373
| Revised Code and "advanced practice registered nurse" has the |
| same meaning as in section 4723.01 of the Revised Code. 3375 |
| (C)(l） A cleric, when the cleric remains accountable to 3376 |
| the authority of that cleric's church, denomination, or sect, 3377 |
| 3378 |
| communicated, to the cleric for a religious counseling purpose 3379 |
| in the cleric's professional character. The cleric may testify 3380 |
| by express consent of the person making the communication, 3381 |
| except when the disclosure of the information is in violation of 3382 |
| a sacred trust and except that, if the person voluntarily 3383 |
| 3384 |
| 3385 |
| under this division, the cleric may be compelled to testify on 3386 |
| the same subject except when disclosure of the information is in 3387 |
| violation of a sacred trust. 3388 |
| (2） As used in division (C) of this section: 3389 |
| (a） "Cleric" means a member of the clergy, rabbi, priest, 3390 |
| Christian Science practitioner, or regularly ordained, 3391 |
| t a s o o 3392 |
| cognizable church, denomination, or sect. 3393 |
| () 3394 |
| communication made to a cleric in the cleric's ecclesiastical 3395 |
| 3396 |
| which the cleric belongs, including, but not limited to, the 3397 |
| Catholic Church, if both of the following apply: 3398 |
| (i） The confession or confidential communication was made 3399 |
H. B. No. 72 As Introduced
directly to the cleric.