SB 134: Abolish death penalty; regards funding of lethal injection drugs
The bill aims to abolish the death penalty in Ohio, modify the number of jurors that can challenge a life sentence, and prohibit the use of lethal injection drugs in non-therapeutic abortions, assisted suicide, and executions. The state will not fund policies, contracts, or plans that provide coverage for non-therapeutic abortions, assisted suicide, or executions. However, elected or appointed officials or employees can obtain coverage for non-therapeutic abortions through individual riders or provisions if they pay for all costs and administrative expenses.<br>The proposed legislation aims to regulate the management and operation of correctional facilities in the state. A local public entity can enter into a contract with a private contractor to operate and manage a correctional facility in the state for out-of-state prisoners. The private contractor must seek and obtain accreditation…
| Mar. 19, 2025 | Referred to committee: Judiciary |
| Mar. 05, 2025 | Introduced |
As Introduced
S. B. No. 134
Senators Antonio, Huffman
Cosponsors: Senators Blackshear, Craig, Hicks-Hudson, Ingram, Blessing, Cutrona, Lang, Roegner, Wilson
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, 149.45, 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 abolish the death 21
penalty, to modify the number of jurors that may 22
S. B. No. 134 As Introduced
be challenged in cases where a defendant may be 23
sentenced to life imprisonment, and to prohibit 24
public funding for the use of lethal injection 25
drugs in nontherapeutic abortions, assisting 26
suicide, and executing a death sentence. 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, 149.45, 1901.183, 2152.13, 2152.67, 30
2301.20, 2307.60, 2317.02, 2701.07, 2743.51, 2901.02, 2909.24, 31
2929.02, 2929.13, 2929.14, 2929.61, 2930.19, 2937.222, 2941.021, 32
2941.14, 2941.148, 2941.401, 2941.43, 2941.51, 2945.06, 2945.10, 33
2945.13, 2945.21, 2945.25, 2945.33, 2945.38, 2949.02, 2949.03, 34
2953.02, 2953.07, 2953.08, 2953.09, 2953.10, 2953.21, 2953.23, 35
2953.71, 2953.72, 2953.73, 2953.81, 2967.05, 2967.12, 2967.13, 36
2967.193, 2967.194, 2971.03, 2971.07, 3901.87, 5101.56, 37
5120.113, 5120.53, 5120.61, 5139.04, and 5919.16 of the Revised 38
Code be amended to read as follows: 39
Sec. 9.04. (A) As used in this section: 40
(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 used to quickly and painlessly cause death. 44
(3) "Nontherapeutic abortion" means an abortion that is 45
performed or induced when the life of the mother would not be 46
endangered if the fetus were carried to term or when the 47
S. B. No. 134 As Introduced
pregnancy of the mother was not the result of rape or incest 48
reported to a law enforcement agency. 49
(2) (4) "Policy, contract, or plan" means a policy, 50
contract, or plan of one or more insurance companies, medical 51
care corporations, health care corporations, health maintenance 52
organizations, preferred provider organizations, or other 53
entities that provides health, medical, hospital, or surgical 54
coverage, benefits, or services to elected or appointed officers 55
or employees of the state or any political subdivision thereof. 56
"Policy, contract, or plan" includes a plan that is associated 57
with a self-insurance program and a policy, contract, or plan 58
that implements a collective bargaining agreement. 59
(3) (5) "Political subdivision" means any body corporate 60
and politic that is responsible for governmental activities in a 61
geographic area smaller than the state, except that "political 62
subdivision" does not include either of the following: 63
(a) A municipal corporation; 64
(b) A county that has adopted a charter under Section 3 of 65
Article X, Ohio Constitution, to the extent that it is 66
exercising the powers of local self-government as provided in 67
that charter and is subject to Section 3 of Article XVIII, Ohio 68
Constitution. 69
(4) (6) "State" means the state of Ohio, including the 70
general assembly, the supreme court, the offices of all elected 71
state officers, and all departments, boards, offices, 72
commissions, agencies, colleges and universities, institutions, 73
and other instrumentalities of the state of Ohio. "State" does 74
not include political subdivisions. 75
(B) Subject to division (C) of this section and unless
S. B. No. 134 As Introduced
required by the United States Constitution, Ohio Constitution, 77
or by federal statute, regulation, or decisions of federal 78
courts, but notwithstanding other provisions of the Revised Code 79
that conflict with the prohibition specified in this division, 80
funds of the state or any political subdivision thereof shall 81
not be expended directly or indirectly to pay the costs, 82
premiums, or charges associated with a policy, contract, or plan 83
if the policy, contract, or plan provides coverage, benefits, or 84
services related to a any of the following: 85
(1) A nontherapeutic abortion, including through the use 86
of lethal injection drugs; 87
(2) Assisting suicide through the use of lethal injection 88
drugs; 89
(3) Executing a death sentence through the use of lethal 90
injection drugs. 91
(C) Division (B) of this section does not preclude the 92
state or any political subdivision thereof from expending funds 93
to pay the costs, premiums, or charges associated with a policy, 94
contract, or plan that includes a rider or other provision 95
offered on an individual basis under which an elected or 96
appointed official or employee who accepts the offer of the 97
rider or provision may obtain coverage of a nontherapeutic 98
abortion through the policy, contract, or plan if the individual 99
pays for all of the costs, premiums, or charges associated with 100
the rider or provision, including all administrative expenses 101
related to the rider or provision and any claim made for a 102
nontherapeutic abortion. 103
(D) In addition to the laws specified in division (A) of 104
section 4117.10 of the Revised Code that prevail over 105
S. B. No. 134 As Introduced
conflicting provisions of agreements between employee 106
organizations and public employers, divisions (B) and (C) of 107
this section shall prevail over conflicting provisions of that 108
nature. 109
(E) Notwithstanding section 1.50 of the Revised Code, if 110
any provision of this section, section 3901.87 of the Revised 111
Code, or section 5101.56 of the Revised Code is held invalid, or 112
if the application of any provision of these sections to any 113
person or circumstance is held invalid, then these sections 114
cease to operate. 115
Sec. 9.07. (A) As used in this section: 116
(1) "Deadly weapon" has the same meaning as in section 117
2923.11 of the Revised Code. 118
(2) "Governing authority of a local public entity" means 119
whichever of the following is applicable: 120
(a) For a county, the board of county commissioners of the 121
county; 122
(b) For a municipal corporation, the legislative authority 123
of the municipal corporation; 124
(c) For a combination of counties, a combination of 125
municipal corporations, or a combination of one or more counties 126
and one or more municipal corporations, all boards of county 127
commissioners and legislative authorities of all of the counties 128
and municipal corporations that combined to form a local public 129
entity for purposes of this section. 130
(3) "Local public entity" means a county, a municipal 131
corporation, a combination of counties, a combination of 132
municipal corporations, or a combination of one or more counties 133
S. B. No. 134 As Introduced
and one or more municipal corporations. 134
(4) "Non-contracting political subdivision" means any 135
political subdivision to which all of the following apply: 136
(a) A correctional facility for the housing of out-of- 137
state prisoners in this state is or will be located in the 138
political subdivision. 139
(b) The correctional facility described in division (A)(4) 140
(a) of this section is being operated and managed, or will be 141
operated and managed, by a local public entity or a private 142
contractor pursuant to a contract entered into prior to March 143
17, 1998, or a contract entered into on or after March 17, 1998, 144
under this section. 145
(c) The political subdivision is not a party to the 146
contract described in division (A)(4)(b) of this section for the 147
management and operation of the correctional facility. 148
(5) "Out-of-state jurisdiction" means the United States, 149
any state other than this state, and any political subdivision 150
or other jurisdiction located in a state other than this state. 151
(6) "Out-of-state prisoner" means a person who is 152
convicted of a crime in another state or under the laws of the 153
United States or who is found under the laws of another state or 154
of the United States to be a delinquent child or the 155
substantially equivalent designation. 156
(7) "Private contractor" means either of the following: 157
(a) A person who, on or after March 17, 1998, enters into 158
a contract under this section with a local public entity to 159
operate and manage a correctional facility in this state for 160
out-of-state prisoners. 161
S. B. No. 134 As Introduced
| (b） A person who, pursuant to a contract with a local | 162 | |
| public entity entered into prior to March 17, 1998, operates and | 163 | |
| manages on March 17, 1998, a correctional facility in this state | 164 | |
| for housing out-of-state prisoners. | 165 | |
| (B） Subject to division (I） of this section， the only | 166 | |
| entities other than this state that are authorized to operate a | 167 | |
| 168 | ||
| state are a local public entity that operates a correctional | 169 | |
| facility pursuant to this section or a private contractor that | 170 | |
| 171 | ||
| a contract with a local public entity. | 172 | |
| Subject to division (I） of this section, a private entity | 173 | |
| may operate a correctional facility in this state for the | 174 | |
| -- | 175 | |
| a private contractor that enters into a contract that comports | 176 | |
| with division (D） of this section with a local public entity for | 177 | |
| the management and operation of the correctional facility. | 178 | |
| (C)(l) Except as provided in this division, on and after | 179 | |
| March 17, 1998, a local public entity shall not enter into a | 180 | |
| contract with an out-of-state jurisdiction to house out-of-state | 181 | |
| prisoners in a correctional facility in this state. On and after | 182 | |
| 183 | ||
| with an out-of-state jurisdiction to house out-of-state | 184 | |
| prisoners in a correctional facility in this state only if the | 185 | |
| local public entity and the out-of-state jurisdiction with which | 186 | |
| the local public entity intends to contract jointly submit to | 187 | |
| the department of rehabilitation and correction a statement that | 188 | |
| certifies the correctional facility's intended use, intended | 189 | |
| prisoner population, and custody level, and the department | 190 | |
| reviews and comments upon the plans for the design or renovation | 191 |
S. B. No. 134 As Introduced
of the correctional facility regarding their suitability for the 192
intended prisoner population specified in the submitted 193
statement. 194
(2) If a local public entity and an out-of-state 195
jurisdiction enter into a contract to house out-of-state 196
prisoners in a correctional facility in this state as authorized 197
under division (C)(1) of this section, in addition to any other 198
provisions it contains, the contract shall include whichever of 199
the following provisions is applicable: 200
(a) If a private contractor will operate the facility in 201
question pursuant to a contract entered into in accordance with 202
division (D) of this section, a requirement that, if the 203
facility is closed or ceases to operate for any reason and if 204
the conversion plan described in division (D)(16) of this 205
section is not complied with, the out-of-state jurisdiction will 206
be responsible for housing and transporting the prisoners who 207
are in the facility at the time it is closed or ceases to 208
operate and for the cost of so housing and transporting those 209
prisoners; 210
(b) If a private contractor will not operate the facility 211
in question pursuant to a contract entered into in accordance 212
with division (D) of this section, a conversion plan that will 213
be followed if, for any reason, the facility is closed or ceases 214
to operate. The conversion plan shall include, but is not 215
limited to, provisions that specify whether the local public 216
entity or the out-of-state jurisdiction will be responsible for 217
housing and transporting the prisoners who are in the facility 218
at the time it is closed or ceases to operate and for the cost 219
of so housing and transporting those prisoners. 220
(3) If a local public entity and an out-of-state 221
S. B. No. 134 As Introduced
jurisdiction intend to enter into a contract to house out-of- 222
state prisoners in a correctional facility in this state as 223
authorized under division (C)(1) of this section, or if a local 224
public entity and a private contractor intend to enter into a 225
contract pursuant to division (D) of this section for the 226
private contractor's management and operation of a correctional 227
facility in this state to house out-of-state prisoners, prior to 228
entering into the contract the local public entity and the out- 229
of-state jurisdiction, or the local public entity and the 230
private contractor, whichever is applicable, shall conduct a 231
public hearing in accordance with this division, and, prior to 232
entering into the contract, the governing authority of the local 233
public entity in which the facility is or will be located shall 234
authorize the location and operation of the facility. The 235
hearing shall be conducted at a location within the municipal 236
corporation or township in which the facility is or will be 237
located. At least one week prior to conducting the hearing, the 238
local public entity and the out-of-state jurisdiction or private 239
contractor with the duty to conduct the hearing shall cause 240
notice of the date, time, and place of the hearing to be made by 241
publication in the newspaper with the largest general 242
circulation in the county in which the municipal corporation or 243
township is located. The notice shall be of a sufficient size 244
that it covers at least one-quarter of a page of the newspaper 245
in which it is published. This division applies to a private 246
contractor that, pursuant to the requirement set forth in 247
division (I) of this section, is required to enter into a 248
contract under division (D) of this section. 249
(D) Subject to division (I) of this section, on and after March 17, 1998, if a local public entity enters into a contract with a private contractor for the management and operation of a
S. B. No. 134 As Introduced
correctional facility in this state to house out-of-state 253
prisoners, the contract, at a minimum, shall include all of the 254
following provisions: 255
(1) A requirement that the private contractor seek and 256
obtain accreditation from the American correctional association 257
for the correctional facility within two years after accepting 258
the first out-of-state prisoner at the correctional facility 259
under the contract and that it maintain that accreditation for 260
the term of the contract; 261
(2) A requirement that the private contractor comply with 262
all applicable laws, rules, or regulations of the government of 263
this state, political subdivisions of this state, and the United 264
States, including, but not limited to, all sanitation, food 265
service, safety, and health regulations; 266
(3) A requirement that the private contractor send copies 267
of reports of inspections completed by appropriate authorities 268
regarding compliance with laws, rules, and regulations of the 269
type described in division (D)(2) of this section to the 270
director of rehabilitation and correction or the director's 271
designee and to the governing authority of the local public 272
entity in which the correctional facility is located; 273
(4) A requirement that the private contractor report to 274
the local law enforcement agencies with jurisdiction over the 275
place at which the correctional facility is located, for 276
investigation, all criminal offenses or delinquent acts that are 277
committed in or on the grounds of, or otherwise in connection 278
with, the correctional facility and report to the department of 279
rehabilitation and correction all disturbances at the facility; 280
(5) A requirement that the private contractor immediately 281
S. B. No. 134 As Introduced
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 written report to the director of rehabilitation and correction or the director's designee and to the governing authority of the local public entity in which the correctional facility is located of all unusual incidents occurring at the correctional facility. The private contractor shall report the incidents in accordance with the incident reporting rules that, at the time of the incident, are applicable to state correctional facilities for similar incidents occurring at state correctional facilities.
(7) A requirement that the private contractor provide 303
internal and perimeter security to protect the public, staff 304
members of the correctional facility, and prisoners in the 305
correctional facility; 306
(8) A requirement that the correctional facility be 307
staffed at all times with a staffing pattern that is adequate to 308
ensure supervision of inmates and maintenance of security within 309
the correctional facility and to provide for appropriate 310
programs, transportation, security, and other operational needs. 311
S. B. No. 134 As Introduced
In determining security needs for the correctional facility, the 312
private contractor and the contract requirements shall fully 313
take into account all relevant factors, including, but not 314
limited to, the proximity of the facility to neighborhoods and 315
schools. 316
(9) A requirement that the private contractor provide an 317
adequate policy of insurance that satisfies the requirements set 318
forth in division (D) of section 9.06 of the Revised Code 319
regarding contractors who operate and manage a facility under 320
that section, and that the private contractor indemnify and hold 321
harmless the state, its officers, agents, and employees, and any 322
local public entity in the state with jurisdiction over the 323
place at which the correctional facility is located or that owns 324
the correctional facility, reimburse the state for its costs in 325
defending the state or any of its officers, agents, or 326
employees, and reimburse any local government entity of that 327
nature for its costs in defending the local government entity, 328
in the manner described in division (D) of that section 329
regarding contractors who operate and manage a facility under 330
that section; 331
(10) A requirement that the private contractor adopt for 332
prisoners housed in the correctional facility the security 333
classification system and schedule adopted by the department of 334
rehabilitation and correction under section 5145.03 of the 335
Revised Code, classify in accordance with the system and 336
schedule each prisoner housed in the facility, and house all 337
prisoners in the facility in accordance with their 338
classification under this division; 339
(11) A requirement that the private contractor will not 340
accept for housing, and will not house, in the correctional 341
S. B. No. 134
| AsIntroduced | ||
| facility any out-of-state prisoner in relation to whom any of | 342 | |
| the following applies: | 343 | |
| (a） The private entity has not obtained from the out-of- | 344 | |
| 345 | ||
| which the prisoner will be confined in this state a copy of the | 346 | |
| institutional record of the prisoner while previously confined | 347 | |
| in that out-of-state jurisdiction or a statement that the | 348 | |
| prisoner previously has not been confined in that out-of-state | 349 | |
| jurisdiction and a copy of all medical records pertaining to | 350 | |
| that prisoner that are in the possession of the out-of-state | 351 | |
| jurisdiction. | 352 | |
| (b） The prisoner, while confined in any out-of-state | 353 | |
| jurisdiction, has a record of institutional violence involving | 354 | |
| the use of a deadly weapon or a pattern of committing acts of an | 355 | |
| assaultive nature against employees of, or visitors to, the | 356 | |
| place of confinement or has a record of escape or attempted | 357 | |
| escape from secure custody. | 358 | |
| 359 | ||
| adopted by the department of rehabilitation and correction under | 360 | |
| section 5145.03 of the Revised Code and adopted by the private | 361 | |
| contractor under division (B)(lo） of this section, the out-of- | 362 | |
| state prisoner would be classified as being at a security level | 363 | |
| higher than medium security. | 364 | |
| (12） A requirement that the private contractor, prior to | 365 | |
| under the contract, enter into a written agreement with the | housing any out-of-state prisoner in the correctional facility | 366 |
| 367 | ||
| department of rehabilitation and correction that sets forth a | 368 | |
| plan and procedure that will be used to coordinate law | 369 | |
| enforcement activities of state law enforcement agencies and of | 370 | |
| local law enforcement agencies with jurisdiction over the place | 371 |
S. B. No. 134 As Introduced
at which the facility is located in response to any riot, 372
rebellion, escape, insurrection, or other emergency occurring 373
inside or outside the facility; 374
(13) A requirement that the private contractor cooperate with the correctional institution inspection committee in the committee's performance of its duties under section 103.73 of the Revised Code and provide the committee, its subcommittees, and its staff members, in performing those duties, with access to the correctional facility as described in that section;
(14) A requirement that the private contractor permit any peace officer who serves a law enforcement agency with jurisdiction over the place at which the correctional facility is located to enter into the facility to investigate any criminal offense or delinquent act that allegedly has been committed in or on the grounds of, or otherwise in connection with, the facility;
(15) A requirement that the private contractor will not employ any person at the correctional facility until after the private contractor has submitted to the bureau of criminal identification and investigation, on a form prescribed by the superintendent of the bureau, a request that the bureau conduct a criminal records check of the person and a requirement that the private contractor will not employ any person at the facility if the records check or other information possessed by the contractor indicates that the person previously has engaged in malfeasance;
(16) A requirement that the private contractor will not 398
accept for housing, and will not house, in the correctional 399
facility any out-of-state prisoner unless the private contractor 400
and the out-of-state jurisdiction that imposed the sentence for 401
S. B. No. 134 As Introduced
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
(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 421
in relation to the offense the prisoner committed while confined 422
in this state and the term of confinement imposed for that 423
offense, the prisoner shall be returned to the out-of-state 424
jurisdiction or its private contractor for completion of the 425
period of time remaining under the out-of-state sentence for 426
which the prisoner was confined in the facility in this state 427
before starting service of the term of confinement imposed for 428
the offense committed while confined in this state, the out-of- 429
state jurisdiction or its private contractor will confine the 430
prisoner for that remaining period of time and will transport 431
the prisoner outside of this state for service of that remaining 432
S. B. No. 134 As Introduced
period of time, and, if the prisoner is confined in this state 433
in a facility operated by the department of rehabilitation and 434
correction, the private contractor will be financially 435
responsible for reimbursing the department at the per diem cost 436
of confinement for the duration of that incarceration, with the 437
amount of the reimbursement so paid to be deposited in the 438
department's prisoner programs fund. 439
(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 shall impose upon the private contractor if the private contractor fails to perform its contractual duties, and a requirement that, if the private contractor fails to perform its contractual duties, the local public entity shall impose a fine on the private contractor from the schedule of fines and, in addition to the fine, may exercise any other rights it has under the contract. Division (F)(2) of this section applies regarding a fine described in this division.
(19) A requirement that the private contractor adopt and
S. B. No. 134 As Introduced
use in the correctional facility the drug testing and treatment 463
program that the department of rehabilitation and correction 464
uses for inmates in state correctional institutions; 465
(20) A requirement that the private contractor provide 466
clothing for all out-of-state prisoners housed in the 467
correctional facility that is conspicuous in its color, style, 468
or color and style, that conspicuously identifies its wearer as 469
a prisoner, and that is readily distinguishable from clothing of 470
a nature that normally is worn outside the facility by non- 471
prisoners, that the private contractor require all out-of-state 472
prisoners housed in the facility to wear the clothing so 473
provided, and that the private contractor not permit any out-of- 474
state prisoner, while inside or on the premises of the facility 475
or while being transported to or from the facility, to wear any 476
clothing of a nature that does not conspicuously identify its 477
wearer as a prisoner and that normally is worn outside the 478
facility by non-prisoners; 479
(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, may carry and use firearms in the course of the officer's or
S. B. No. 134 As Introduced
employee's employment only if the officer or employee is 493
certified as having satisfactorily completed an approved 494
training program designed to qualify persons for positions as 495
special police officers, security guards, or persons otherwise 496
privately employed in a police capacity, as described in 497
division (A) of section 109.78 of the Revised Code. 498
(F)(1) Upon notification by the private contractor of an 499
escape from, or of a disturbance at, a correctional facility 500
that is operated by a private contractor under a contract 501
entered into prior to, on, or after March 17, 1998, and that 502
houses out-of-state prisoners in this state, the department of 503
rehabilitation and correction and state and local law 504
enforcement agencies shall use all reasonable means to recapture 505
persons who escaped from the facility or quell any disturbance 506
at the facility, in accordance with the plan and procedure 507
included in the written agreement entered into under division 508
(D)(12) of this section in relation to contracts entered into on 509
or after March 17, 1998, and in accordance with their normal 510
procedures in relation to contracts entered into prior to March 511
17, 1998. Any cost incurred by this state or a political 512
subdivision of this state relating to the apprehension of a 513
person who escaped from the facility, to the quelling of a 514
disturbance at the facility, or to the investigation or 515
prosecution as described in division (G)(2) of this section of 516
any offense relating to the escape or disturbance shall be 517
chargeable to and borne by the private contractor. The 518
contractor also shall reimburse the state or its political 519
subdivisions for all reasonable costs incurred relating to the 520
temporary detention of a person who escaped from the facility, 521
following the person's recapture. 522
(2) If a private contractor that, on or after March 17,
S. B. No. 134 As Introduced
1998, enters into a contract under this section with a local 524
public entity for the operation of a correctional facility that 525
houses out-of-state prisoners fails to perform its contractual 526
duties, the local public entity shall impose upon the private 527
contractor a fine from the schedule of fines included in the 528
contract and may exercise any other rights it has under the 529
contract. A fine imposed under this division shall be paid to 530
the local public entity that enters into the contract, and the 531
local public entity shall deposit the money so paid into its 532
treasury to the credit of the fund used to pay for community 533
policing. If a fine is imposed under this division, the local 534
public entity may reduce the payment owed to the private 535
contractor pursuant to any invoice in the amount of the fine. 536
(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 544
offense or a delinquent act if committed at a state correctional 545
institution or at a jail, workhouse, prison, or other 546
correctional facility operated by this state or by any political 547
subdivision or group of political subdivisions of this state 548
shall be a criminal offense or delinquent act if committed by or 549
with regard to any out-of-state prisoner who is housed at any 550
correctional facility operated by a private contractor in this 551
state pursuant to a contract entered into prior to, on, or after 552
March 17, 1998. 553
S. B. No. 134 As Introduced
(2) If any political subdivision of this state experiences 554
any cost in the investigation or prosecution of an offense 555
committed by an out-of-state prisoner housed in a correctional 556
facility operated by a private contractor in this state pursuant 557
to a contract entered into prior to, on, or after March 17, 558
1998, the private contractor shall reimburse the political 559
subdivision for the costs so experienced. 560
(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- 581
contracting political subdivision, and any employee, as defined 582
in section 2744.01 of the Revised Code, of a non-contracting 583
political subdivision is not liable in damages in a civil action 584
S. B. No. 134 As Introduced
for any injury, death, or loss to person or property that 585
allegedly arises from, or is related to, the establishment, 586
management, or operation of a correctional facility to house 587
out-of-state prisoners in this state pursuant to a contract 588
between a local public entity other than the non-contracting 589
political subdivision and an out-of-state jurisdiction, a local 590
public entity other than the non-contracting political 591
subdivision and a private contractor, or a private contractor 592
and an out-of-state jurisdiction that was entered into prior to 593
March 17, 1998, or that is entered into on or after March 17, 594
1998, in accordance with its provisions. The immunity provided 595
in this division does not apply regarding an act or omission of 596
an employee, as defined in section 2744.01 of the Revised Code, 597
of a non-contracting political subdivision that is manifestly 598
outside the scope of the employee's employment or official 599
responsibilities or regarding an act or omission of a non- 600
contracting political subdivision or an employee, as so defined, 601
of a non-contracting political subdivision that is undertaken 602
with malicious purpose, in bad faith, or in a wanton or reckless 603
manner. 604
(c) Divisions (G)(3)(a) and (b) of this section do not 605
affect any immunity or defense that the state and its officers 606
and employees or a non-contracting political subdivision and its 607
employees may be entitled to under another section of the 608
Revised Code or the common law of this state, including, but not 609
limited to, section 9.86 or Chapter 2744. of the Revised Code. 610
(H)(1) Upon the completion of an out-of-state prisoner's 611
term of detention at a correctional facility operated by a 612
private contractor in this state pursuant to a contract entered 613
into prior to, on, or after March 17, 1998, the operator of the 614
correctional facility shall transport the prisoner to the out- 615
S. B. No. 134 As Introduced
of-state jurisdiction that imposed the sentence for which the 616
prisoner was confined before it releases the prisoner from its 617
custody. 618
(2) No private contractor that operates and manages a 619
correctional facility housing out-of-state prisoners in this 620
state pursuant to a contract entered into prior to, on, or after 621
March 17, 1998, shall fail to comply with division (H)(1) of 622
this section. 623
(3) Whoever violates division (H)(2) of this section is 624
guilty of a misdemeanor of the first degree. 625
(I) Except as otherwise provided in this division, the 626
provisions of divisions (A) to (H) of this section apply in 627
relation to any correctional facility operated by a private 628
contractor in this state to house out-of-state prisoners, 629
regardless of whether the facility is operated pursuant to a 630
contract entered into prior to, on, or after March 17, 1998. 631
Division (C)(1) of this section shall not apply in relation to 632
any correctional facility for housing out-of-state prisoners in 633
this state that is operated by a private contractor under a 634
contract entered into with a local public entity prior to March 635
17, 1998. If a private contractor operates a correctional 636
facility in this state for the housing of out-of-state prisoners 637
under a contract entered into with a local public entity prior 638
to March 17, 1998, no later than thirty days after the effective 639
date of this amendment, the private contractor shall enter into 640
a contract with the local public entity that comports to the 641
requirements and criteria of division (D) of this section. 642
Sec. 120.03. (A) The Ohio public defender commission shall 643
appoint the state public defender, who shall serve at the 644
pleasure of the commission. 645
S. B. No. 134 As Introduced
(B) The Ohio public defender commission shall establish 646
rules for the conduct of the offices of the county and joint 647
county public defenders and for the conduct of county appointed 648
counsel systems in the state. These rules shall include, but are 649
not limited to, the following: 650
(1) Standards of indigency and minimum qualifications for 651
legal representation by a public defender or appointed counsel. 652
In establishing standards of indigency and determining who is 653
eligible for legal representation by a public defender or 654
appointed counsel, the commission shall consider an indigent 655
person to be an individual who at the time his the person's need 656
is determined is unable to provide for the payment of an 657
attorney and all other necessary expenses of representation. 658
Release on bail shall not prevent a person from being determined 659
to be indigent. 660
(2) Standards for the hiring of outside counsel; 661
(3) Standards for contracts by a public defender with law 662
schools, legal aid societies, and nonprofit organizations for 663
providing counsel; 664
(4) Standards for the qualifications, training, and size 665
of the legal and supporting staff for a public defender, 666
facilities, and other requirements needed to maintain and 667
operate an office of a public defender; 668
(5) Minimum caseload standards; 669
(6) Procedures for the assessment and collection of the 670
costs of legal representation that is provided by public 671
defenders or appointed counsel; 672
(7) Standards and guidelines for determining whether a 673
client is able to make an up-front contribution toward the cost 674
S. B. No. 134 Page 24
As Introduced
of his the client's legal representation; 675
(8) Procedures for the collection of up-front 676
contributions from clients who are able to contribute toward the 677
cost of their legal representation, as determined pursuant to 678
the standards and guidelines developed under division (B)(7) of 679
this section. All of such up-front contributions shall be paid 680
into the appropriate county fund. 681
(9) Standards for contracts between a board of county 682
commissioners, a county public defender commission, or a joint 683
county public defender commission and a municipal corporation 684
for the legal representation of indigent persons charged with 685
violations of the ordinances of the municipal corporation. 686
(C) The Ohio public defender commission shall adopt rules 687
prescribing minimum qualifications of counsel appointed pursuant 688
to this chapter or appointed by the courts. Without limiting its 689
general authority to prescribe different qualifications for 690
different categories of appointed counsel, the commission shall 691
prescribe, by rule, special qualifications for counsel and co- 692
counsel appointed in capital cases in which the defendant was 693
sentenced to death before the effective date of this amendment. 694
(D) In administering the office of the Ohio public 695
defender commission: 696
(1) The commission shall do the following: 697
(a) Approve an annual operating budget; 698
(b) Make an annual report to the governor, the general 699
assembly, and the supreme court of Ohio on the operation of the 700
state public defender's office, the county appointed counsel 701
systems, and the county and joint county public defenders' 702
offices. 703
S. B. No. 134 As Introduced
(2) The commission may do the following: 704
(a) Accept the services of volunteer workers and 705
consultants at no compensation other than reimbursement of 706
actual and necessary expenses; 707
(b) Prepare and publish statistical and case studies and 708
other data pertinent to the legal representation of indigent 709
persons; 710
(c) Conduct programs having a general objective of 711
training and educating attorneys and others in the legal 712
representation of indigent persons. 713
(E) There is hereby established in the state treasury the 714
public defender training fund for the deposit of fees received 715
by the Ohio public defender commission from educational 716
seminars, and the sale of publications, on topics concerning 717
criminal law and procedure. Expenditures from this fund shall be 718
made only for the operation of activities authorized by division 719
(D)(2)(c) of this section. 720
(F)(1) In accordance with sections 109.02, 109.07, and 721
109.361 to 109.366 of the Revised Code, but subject to division 722
(E) of section 120.06 of the Revised Code, the attorney general 723
shall represent or provide for the representation of the Ohio 724
public defender commission, the state public defender, assistant 725
state public defenders, and other employees of the commission or 726
the state public defender. 727
(2) Subject to division (E) of section 120.06 of the 728
Revised Code, the attorney general shall represent or provide 729
for the representation of attorneys described in division (C) of 730
section 120.41 of the Revised Code in malpractice or other civil 731
actions or proceedings that arise from alleged actions or 732
S. B. No. 134 As Introduced
omissions related to responsibilities derived pursuant to this 733
chapter, or in civil actions that are based upon alleged 734
violations of the constitution or statutes of the United States, 735
including section 1983 of Title 42 of the United States Code, 93 736
Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arise 737
from alleged actions or omissions related to responsibilities 738
derived pursuant to this chapter. For purposes of the 739
representation, sections 109.361 to 109.366 of the Revised Code 740
shall apply to an attorney described in division (C) of section 741
120.41 of the Revised Code as if he the attorney were an officer 742
or employee, as defined in section 109.36 of the Revised Code, 743
and the Ohio public defender commission or the state public 744
defender, whichever contracted with the attorney, shall be 745
considered his the attorney's employer. 746
Sec. 120.041. (A) In addition to the state public 747
defender's other duties under this chapter and other Revised 748
Code provisions, the state public defender shall do all of the 749
following for each state fiscal year: 750
(1) Determine the total dollar amount of all requests for 751
reimbursements that were submitted for that fiscal year by 752
counties under sections 120.18, 120.28, 120.33, $120.35r$ and 753
2941.51 of the Revised Code; 754
(2) Determine the total dollar amount paid to all counties 755
as reimbursements under the requests described in division (A) 756
(1) of this section that were submitted for that fiscal year; 757
(3) Determine the percentage of total costs submitted by 758
counties under the requests described in division (A)(1) of this 759
section that was paid to all counties as reimbursements for that 760
fiscal year; 761
S. B. No. 134 As Introduced
(4) Commencing in state fiscal year 2021, determine the 762
increase or decrease in the total dollar amount found under 763
division (A)(2) of this section for that fiscal year from the 764
total dollar amount found under that division for the previous 765
fiscal year; 766
(5) Determine, out of the total dollar amount found under 767
division (A)(2) of this section that was paid to all counties as 768
a reimbursement, the total amount of that money used by all of 769
the counties for each of the following categories of costs in 770
that fiscal year: 771
(a) Costs for appointed counsel; 772
(b) Costs for personnel; 773
(c) Costs for expert witnesses; 774
(d) Costs for investigations; 775
(e) Costs for transcripts; 776
(f) Costs for rent or lease, utilities, furnishings, 777
maintenance, and equipment; 778
(g) Costs for travel; 779
(h) Any other category of costs set by the state public 780
defender. 781
(6) Commencing in state fiscal year 2021, determine the 782
increase or decrease in the amount of money found under division 783
(A)(5) of this section to have been used for each category of 784
costs described in divisions (A)(5)(a) to (h) of this section 785
for that fiscal year from the amount of money found under that 786
division to have been used for each such category of costs for 787
the previous fiscal year; 788
S. B. No. 134 As Introduced
(7) Analyze the cost per each felony, misdemeanor, 789
traffic, or juvenile delinquency case assigned to a public 790
defender or counsel pursuant to section 120.06, 120.16, 120.26, 791
or 120.33 of the Revised Code. 792
(B) For each state fiscal year, the state public defender 793
shall prepare a report that includes all of its findings and 794
determinations for that fiscal year and, not later than the 795
first day of October in the state fiscal year following the 796
fiscal year covered by the report, shall submit copies of the 797
report to the president of the senate, the speaker of the house 798
of representatives, the minority leader of the senate, the 799
minority leader of the house of representatives, and the 800
governor. 801
Sec. 120.06. (A)(1) The state public defender, when 802
designated by the court or requested by a county public defender 803
or joint county public defender, may provide legal 804
representation in all courts throughout the state to indigent 805
adults and juveniles who are charged with the commission of an 806
offense or act for which the penalty or any possible 807
adjudication includes the potential loss of liberty. 808
(2) The state public defender may provide legal 809
representation to any indigent person who, while incarcerated in 810
any state correctional institution, is charged with a felony 811
offense, for which the penalty or any possible adjudication that 812
may be imposed by a court upon conviction includes the potential 813
loss of liberty. 814
(3) The state public defender may provide legal 815
representation to any person incarcerated in any correctional 816
institution of the state, in any matter in which the person 817
asserts the person is unlawfully imprisoned or detained. 818
S. B. No. 134 As Introduced
(4) The state public defender, in any case in which the 819
state public defender has provided legal representation or is 820
requested to do so by a county public defender or joint county 821
public defender, may provide legal representation on appeal. 822
(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 834
public defender commission, a joint county public defender 835
commission, or a board of county commissioners for the provision 836
of services, under authority of division (C)(7) of section 837
120.04 of the Revised Code, the state public defender shall 838
provide legal representation in accordance with the contract. 839
(B) The state public defender shall not be required to 840
prosecute any appeal, postconviction remedy, or other proceeding 841
pursuant to division (A)(3), (4), or (5) of this section, unless 842
the state public defender first is satisfied that there is 843
arguable merit to the proceeding. 844
(C) A court may appoint counsel or allow an indigent 845
person to select the indigent's own personal counsel to assist 846
the state public defender as co-counsel when the interests of 847
justice so require. When co-counsel is appointed to assist the 848
S. B. No. 134 As Introduced
state public defender, the co-counsel shall receive any 849
compensation that the court may approve, not to exceed the 850
amounts provided for in section 2941.51 of the Revised Code. 851
(D)(1) When the state public defender is designated by the 852
court or requested by a county public defender or joint county 853
public defender to provide legal representation for an indigent 854
person in any case, other than pursuant to a contract entered 855
into under authority of division (C)(7) of section 120.04 of the 856
Revised Code, the state public defender shall send to the county 857
in which the case is filed a bill detailing the actual cost of 858
the representation that separately itemizes legal fees and 859
expenses. The county, upon receipt of an itemized bill from the 860
state public defender pursuant to this division, shall pay the 861
state public defender one hundred per cent of the amount 862
identified as legal fees and expenses in the itemized bill. 863
(2) Upon payment of the itemized bill under division (D) 864
(1) of this section, the county may submit the cost of the legal 865
fees and expenses to the state public defender for reimbursement 866
pursuant to section 120.33 of the Revised Code. 867
(3) When the state public defender provides investigation 868
or mitigation services to private appointed counsel or to a 869
county or joint county public defender as approved by the 870
appointing court, other than pursuant to a contract entered into 871
under authority of division (C)(7) of section 120.04 of the 872
Revised Code, the state public defender shall send to the county 873
in which the case is filed a bill itemizing the actual cost of 874
the services provided. The county, upon receipt of an itemized 875
bill from the state public defender pursuant to this division, 876
shall pay one hundred per cent of the amount as set forth in the 877
itemized bill. Upon payment of the itemized bill received 878
S. B. No. 134 As Introduced
pursuant to this division, the county may submit the cost of the 879
investigation and mitigation services to the state public 880
defender for reimbursement pursuant to section 120.33 of the 881
Revised Code. 882
(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
S. B. No. 134 As Introduced
1983 of Title 42 of the United States Code, 93 Stat. 1284 910
(1979), 42 U.S.C.A. 1983, as amended, and that arises from 911
alleged actions or omissions related to responsibilities derived 912
pursuant to this chapter, if the state public defender 913
determines, in good faith, that the defendant in the civil 914
action or proceeding did not act manifestly outside the scope of 915
the defendant's employment or official responsibilities, with 916
malicious purpose, in bad faith, or in a wanton or reckless 917
manner. If the state public defender elects not to contract 918
pursuant to this division for private legal counsel in a civil 919
action or proceeding, then, in accordance with sections 109.02, 920
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the 921
attorney general shall represent or provide for the 922
representation of the Ohio public defender commission, the state 923
public defender, assistant state public defenders, other 924
employees of the commission or the state public defender, or 925
attorneys described in division (C) of section 120.41 of the 926
Revised Code in the civil action or proceeding. 927
(2)(a) Subject to division (E)(2)(b) of this section, 928
payment from the state treasury for the services of private 929
legal counsel with whom the state public defender has contracted 930
pursuant to division (E)(1) of this section shall be 931
accomplished only through the following procedure: 932
(i) The private legal counsel shall file with the attorney 933
general a copy of the contract; a request for an award of legal 934
fees, court costs, and expenses earned or incurred in connection 935
with the defense of the Ohio public defender commission, the 936
state public defender, an assistant state public defender, an 937
employee, or an attorney in a specified civil action or 938
proceeding; a written itemization of those fees, costs, and 939
expenses, including the signature of the state public defender 940
S. B. No. 134 As Introduced
and the state public defender's attestation that the fees, 941
costs, and expenses were earned or incurred pursuant to division 942
(E)(1) of this section to the best of the state public 943
defender's knowledge and information; a written statement 944
whether the fees, costs, and expenses are for all legal services 945
to be rendered in connection with that defense, are only for 946
legal services rendered to the date of the request and 947
additional legal services likely will have to be provided in 948
connection with that defense, or are for the final legal 949
services rendered in connection with that defense; a written 950
statement indicating whether the private legal counsel 951
previously submitted a request for an award under division (E) 952
(2) of this section in connection with that defense and, if so, 953
the date and the amount of each award granted; and, if the fees, 954
costs, and expenses are for all legal services to be rendered in 955
connection with that defense or are for the final legal services 956
rendered in connection with that defense, a certified copy of 957
any judgment entry in the civil action or proceeding or a signed 958
copy of any settlement agreement entered into between the 959
parties to the civil action or proceeding. 960
(ii) Upon receipt of a request for an award of legal fees, 961
court costs, and expenses and the requisite supportive 962
documentation described in division (E)(2)(a)(i) of this 963
section, the attorney general shall review the request and 964
documentation; determine whether any of the limitations 965
specified in division (E)(2)(b) of this section apply to the 966
request; and, if an award of legal fees, court costs, or 967
expenses is permissible after applying the limitations, prepare 968
a document awarding legal fees, court costs, or expenses to the 969
private legal counsel. The document shall name the private legal 970
counsel as the recipient of the award; specify the total amount 971
S. B. No. 134 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 981
document prepared pursuant to division (E)(2)(a)(ii) of this 982
section to the director of budget and management. The award of 983
legal fees, court costs, or expenses shall be paid out of the 984
state public defender's appropriations, to the extent there is a 985
sufficient available balance in those appropriations. If the 986
state public defender does not have a sufficient available 987
balance in the state public defender's appropriations to pay the 988
entire award of legal fees, court costs, or expenses, the 989
director shall make application for a transfer of appropriations 990
out of the emergency purposes account or any other appropriation 991
for emergencies or contingencies in an amount equal to the 992
portion of the award that exceeds the sufficient available 993
balance in the state public defender's appropriations. A 994
transfer of appropriations out of the emergency purposes account 995
or any other appropriation for emergencies or contingencies 996
shall be authorized if there are sufficient moneys greater than 997
the sum total of then pending emergency purposes account 998
requests, or requests for releases from the other appropriation. 999
If a transfer of appropriations out of the emergency purposes 1000
account or other appropriation for emergencies or contingencies 1001
is made to pay an amount equal to the portion of the award that 1002
S. B. No. 134 As Introduced
| exceeds the sufficient available balance in the state public | 1003 | |
| defender's appropriations, the director shall cause the payment | 1004 | |
| to be made to the private legal counsel. If sufficient moneys do | 1005 | |
| not exist in the emergency purposes account or other | ||
| 1006 | ||
| 1007 | ||
| equal to the portion of the award that exceeds the sufficient | 1008 | |
| available balance in the state public defender's appropriations, | 1009 | |
| the private legal counsel shall request the general assembly to | 1010 | |
| make an appropriation sufficient to pay an amount equal to the | 1011 | |
| portion of the award that exceeds the sufficient available | 1012 | |
| balance in the state public defender's appropriations， and no | 1013 | |
| payment in that amount shall be made until the appropriation has | 1014 | |
| been made. The private legal counsel shall make the request | 1015 | |
| during the current biennium and during each succeeding biennium | 1016 | |
| until a sufficient appropriation is made. | 1017 | |
| (b） An award of legal fees, court costs, and expenses | 1018 | |
| following limitations: | pursuant to division (E） of this section is subject to the | 1019 |
| 1020 | ||
| (i） The maximum award or maximum aggregate of a series of | 1021 | |
| awards of legal fees， court costs, and expenses to the private | 1022 | |
| legal counsel in connection with the defense of the Ohio public | 1023 | |
| defender commission, the state public defender, an assistant | 1024 | |
| state public defender, an employee, or an attorney in a | 1025 | |
| specified civil action or proceeding shall not exceed fifty | 1026 | |
| thousand dollars. | 1027 | |
| (ii） The private legal counsel shall not be awarded legal | 1028 | |
| fees, court costs， or expenses to the extent the fees, costs， or | 1029 | |
| o ood a o ss | 1030 | |
| insurance. | 1031 | |
| (iii) The private legal counsel shall be awarded legal | 1032 |
S. B. No. 134 As Introduced
fees and expenses only to the extent that the fees and expenses 1033
are reasonable in light of the legal services rendered by the 1034
private legal counsel in connection with the defense of the Ohio 1035
public defender commission, the state public defender, an 1036
assistant state public defender, an employee, or an attorney in 1037
a specified civil action or proceeding. 1038
(c) If, pursuant to division (E)(2)(a) of this section, 103
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 1046
private legal counsel receives a denial of an award notification 1047
or if a private legal counsel refuses to approve a document 1048
under division (E)(2)(a)(ii) of this section because of the 1049
proposed application of a limitation specified in division (E) 1050
(2)(b) of this section, the private legal counsel may commence a 1051
civil action against the attorney general in the court of claims 1052
to prove the private legal counsel's entitlement to the award 1053
sought, to prove that division (E)(2)(b) of this section does 1054
not prohibit or otherwise limit the award sought, and to recover 1055
a judgment for the amount of the award sought. A civil action 1056
under division (E)(2)(d) of this section shall be commenced no 1057
later than two years after receipt of a denial of award 1058
notification or, if the private legal counsel refused to approve 1059
a document under division (E)(2)(a)(ii) of this section because 1060
of the proposed application of a limitation specified in 1061
division (E)(2)(b) of this section, no later than two years 1062
after the refusal. Any judgment of the court of claims in favor 1063
S. B. No. 134 As Introduced
of the private legal counsel shall be paid from the state 1064
treasury in accordance with division (E)(2)(a) of this section. 1065
(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
S. B. No. 134 As Introduced
| authorize the state public defender to represent a child | ||
| 1094 | ||
| committed to the department of youth services in general civil | 1095 | |
| matters arising solely out of state law. | 1096 | |
| (3） The state public defender shall not undertake the | 1097 | |
| representation of a child in court based on a conditions of | 1098 | |
| confinement claim arising under this division. | 1099 | |
| (H)(G)_A child's right to representation or services | 1100 | |
| under this section is not affected by the child, or another | 1101 | |
| person on behalf of the child, previously having paid for | 1102 | |
| 1103 | ||
| representation. | 1104 | |
| (H)(H)_The state public defender shall have reasonable | 1105 | |
| 1106 | ||
| services, department of youth services institution, and | 1107 | |
| department of youth services record as needed to implement this | 1108 | |
| section. | 1109 | |
| (J)(I)_As used in this section: | 1110 | |
| o () | 1111 | |
| in section 2929.01 of the Revised Code. | 1112 | |
| (2) "Conditions of confinement" means any issue involving | 1113 | |
| a constitutional right or other civil right related to a child's | 1114 | |
| incarceration, including, but not limited to, actions cognizable | 1115 | |
| under 42 U.S.C. 1983. | 1116 | |
| (3） "Post-release control sanction" has the same meaning | 1117 | |
| as in section 2967.01 of the Revised Code. | 1118 | |
| of this section, the county public defender commission shall | 1119 1120 | |
| appoint the county public defender and may remove him _the county | 1121 |
S. B. No. 134 As Introduced
public defender from office only for good cause. 1122
(2) If a county public defender commission contracts with 1123
the state public defender or with one or more nonprofit 1124
organizations for the state public defender or the organizations 1125
to provide all of the services that the county public defender 1126
is required or permitted to provide by this chapter, the 1127
commission shall not appoint a county public defender. 1128
(B) The commission shall determine the qualifications and 1129
size of the supporting staff and facilities and other 1130
requirements needed to maintain and operate the office of the 1131
county public defender. 1132
(C) In administering the office of county public defender, 1133
the commission shall: 1134
(1) Recommend to the county commissioners an annual 1135
operating budget which is subject to the review, amendment, and 1136
approval of the board of county commissioners; 1137
(2)(a) Make an annual report to the county commissioners 1138
and the Ohio public defender commission on the operation of the 1139
county public defender's office, including complete and detailed 1140
information on finances and costs that separately states costs 1141
and expenses that are reimbursable under section 120.35 of the 1142
Revised Code, and any other data and information requested by 1143
the state public defender; 1144
(b) Make monthly reports relating to reimbursement and 1145
associated case data pursuant to the rules of the Ohio public 1146
defender commission to the board of county commissioners and the 1147
Ohio public defender commission on the total costs of the public 1148
defender's office. 1149
(3) Cooperate with the Ohio public defender commission in 1150
S. B. No. 134 As Introduced
maintaining the standards established by rules of the Ohio 1151
public defender commission pursuant to divisions (B) and (C) of 1152
section 120.03 of the Revised Code, and cooperate with the state 1153
public defender in his the state public defender's programs 1154
providing technical aid and assistance to county systems. 1155
(D) The commission may accept the services of volunteer 1156
workers and consultants at no compensation except reimbursement 1157
for actual and necessary expenses. 1158
(E) The commission may contract with any municipal 1159
corporation, within the county served by the county public 1160
defender, for the county public defender to provide legal 1161
representation for indigent persons who are charged with a 1162
violation of the ordinances of the municipal corporation. 1163
(F) A county public defender commission, with the approval 1164
of the board of county commissioners regarding all provisions 1165
that pertain to the financing of defense counsel for indigent 1166
persons, may contract with the state public defender or with any 1167
nonprofit organization, the primary purpose of which is to 1168
provide legal representation to indigent persons, for the state 1169
public defender or the organization to provide all or any part 1170
of the services that a county public defender is required or 1171
permitted to provide by this chapter. A contract entered into 1172
pursuant to this division may provide for payment for the 1173
services provided on a per case, hourly, or fixed contract 1174
basis. The state public defender and any nonprofit organization 1175
that contracts with a county public defender commission pursuant 1176
to this division shall do all of the following: 1177
(1) Comply with all standards established by the rules of 1178
the Ohio public defender commission;
S. B. No. 134 As Introduced
| (2) Comply with all standards established by the state | |
| public defender; | 1180 |
| 1181 | |
| (3） Comply with all statutory duties and other laws | 1182 |
| applicable to county public defenders. | 1183 |
| Sec. 120.16.(A)(l） The county public defender shall | 1184 |
| provide legal representation to indigent adults and juveniles | 1185 |
| who are charged with the commission of an offense or act that is | 1186 |
| a violation of a state statute and for which the penalty or any | 1187 |
| possible adjudication includes the potential loss of liberty and | 1188 |
| in postconviction proceedings as defined in this section. | 1189 |
| o o () | 1190 |
| representation to indigent adults and juveniles charged with the | 1191 |
| violation of an ordinance of a municipal corporation for which | 1192 |
| the penalty or any possible adjudication includes the potential | 1193 |
| loss of liberty, if the county public defender commission has | 1194 |
| contracted with the municipal corporation to provide legal | 1195 |
| 1196 | |
| an ordinance of the municipal corporation. | 1197 |
| (B） The county public defender shall provide the legal | 1198 |
| representation authorized by division (A） of this section at | 1199 |
| every stage of the proceedings following arrest, detention, | 1200 |
| service of summons， or indictment. | 1201 |
| (C) The county public defender may request the state | 1202 |
| public defender to prosecute any appeal or other remedy before | 1203 |
| or after conviction that the county public defender decides is | 1204 |
| in the interests of justice, and may provide legal | 1205 |
| representation in parole and probation revocation matters and | 1206 |
| matters relating to the revocation of community control or post- | 1207 |
| release control under a community control sanction or post- | 1208 |
S. B. No. 134 As Introduced
release control sanction. 1209
(D) The county public defender shall not be required to 1210
prosecute any appeal, postconviction remedy, or other 1211
proceeding, unless the county public defender is first satisfied 1212
there is arguable merit to the proceeding. 1213
(E) Nothing in this section shall prevent a court from 1214
appointing counsel other than the county public defender or from 1215
allowing an indigent person to select the indigent person's own 1216
personal counsel to represent the indigent person. A court may 1217
also appoint counsel or allow an indigent person to select the 1218
indigent person's own personal counsel to assist the county 1219
public defender as co-counsel when the interests of justice so 1220
require. 1221
(F) Information as to the right to legal representation by 1222
the county public defender or assigned counsel shall be afforded 1223
to an accused person immediately upon arrest, when brought 1224
before a magistrate, or when formally charged, whichever occurs 1225
first. 1226
(G) If a court appoints the office of the county public 1227
defender to represent a petitioner in a postconviction relief 1228
proceeding under section 2953.21 of the Revised Code, the 1229
petitioner has received a sentence of death, and the proceeding 1230
relates to that sentence, all of the attorneys who represent the 1231
petitioner in the proceeding pursuant to the appointment, 1232
whether an assistant county public defender or the county public 1233
defender, shall be certified under Rule 20 of the Rules of 1234
Superintendence for the Courts of Ohio to represent indigent 1235
defendants charged with or convicted of an offense for which the 1236
death penalty can be or has been imposed. 1237
S. B. No. 134 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 1243
report to the board of county commissioners shall be audited by 1244
the county auditor. The board of county commissioners, after 1245
review and approval of the audited report, may then certify it 1246
to the state public defender for reimbursement. If a request for 1247
the reimbursement of any operating expenditure incurred by a 1248
county public defender office is not received by the state 1249
public defender within sixty days after the end of the calendar 1250
month in which the expenditure is incurred, the state public 1251
defender shall not pay the requested reimbursement, unless the 1252
county has requested, and the state public defender has granted, 1253
an extension of the sixty-day time limit. Each request for 1254
reimbursement shall include a certification by the county public 1255
defender that the persons provided representation by the county 1256
public defender's office during the period covered by the report 1257
were indigent and, for each person provided representation 1258
during that period, a financial disclosure form completed by the 1259
person on a form prescribed by the state public defender. The 1260
state public defender shall also review the report and, in 1261
accordance with the standards, guidelines, and maximums 1262
established pursuant to divisions (B)(7) and (8) of section 1263
120.04 of the Revised Code and the payment determination 1264
provisions of section 120.34 of the Revised Code, prepare a 1265
voucher for the cost of each county public defender's office for 1266
the period of time covered by the certified report and a voucher 1267
S. B. No. 134 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.
S. B. No. 134 As Introduced
(2) If a joint county public defender commission contracts 1299
with the state public defender or with one or more nonprofit 1300
organizations for the state public defender or the organizations 1301
to provide all of the services that the joint county public 1302
defender is required or permitted to provide by this chapter, 1303
the commission shall not appoint a joint county public defender. 1304
(B) The commission shall determine the qualifications and 1305
size of the supporting staff and facilities and other 1306
requirements needed to maintain and operate the office. 1307
(C) In administering the office of joint county public 1308
defender, the commission shall: 1309
(1) Recommend to the boards of county commissioners in the 1310
district an annual operating budget which is subject to the 1311
review, amendment, and approval of the boards of county 1312
commissioners in the district; 1313
(2)(a) Make an annual report to the boards of county 1314
commissioners in the district and the Ohio public defender 1315
commission on the operation of the public defender's office, 1316
including complete and detailed information on finances and 1317
costs that separately states costs and expenses that are 1318
reimbursable under section 120.35 of the Revised Code, and such 1319
other data and information requested by the state public 1320
defender; 1321
(b) Make monthly reports relating to reimbursement and 1322
associated case data pursuant to the rules of the Ohio public 1323
defender commission to the boards of county commissioners in the 1324
district and the Ohio public defender commission on the total 1325
costs of the public defender's office. 1326 (3) Cooperate with the Ohio public defender commission in
S. B. No. 134 As Introduced
maintaining the standards established by rules of the Ohio 1328
public defender commission pursuant to divisions (B) and (C) of 1329
section 120.03 of the Revised Code, and cooperate with the state 1330
public defender in his the state public defender's programs 1331
providing technical aid and assistance to county systems. 1332
(D) The commission may accept the services of volunteer 1333
workers and consultants at no compensation except reimbursement 1334
for actual and necessary expenses. 1335
(E) The commission may contract with any municipal 1336
corporation, within the counties served by the joint county 1337
public defender, for the joint county public defender to provide 1338
legal representation for indigent persons who are charged with a 1339
violation of the ordinances of the municipal corporation. 1340
(F) A joint county public defender commission, with the 1341
approval of each participating board of county commissioners 1342
regarding all provisions that pertain to the financing of 1343
defense counsel for indigent persons, may contract with the 1344
state public defender or with any nonprofit organization, the 1345
primary purpose of which is to provide legal representation to 1346
indigent persons, for the state public defender or the 1347
organization to provide all or any part of the services that a 1348
joint county public defender is required or permitted to provide 1349
by this chapter. A contract entered into pursuant to this 1350
division may provide for payment for the services provided on a 1351
per case, hourly, or fixed contract basis. The state public 1352
defender and any nonprofit organization that contracts with a 1353
joint county public defender commission pursuant to this 1354
division shall do all of the following: 1355
(1) Comply with all standards established by the rules of 1356
the Ohio public defender commission; 1357
S. B. No. 134 As Introduced
| (2） Comply with all standards established by the Ohio | |
| public defender; | 1358 |
| 1359 | |
| (3） Comply with all statutory duties and other laws | 1360 |
| applicable to joint county public defenders. | 1361 |
| Sec. 120.26.(A)(1） The joint county public defender shall | 1362 |
| provide legal representation to indigent adults and juveniles | 1363 |
| who are charged with the commission of an offense or act that is | 1364 |
| a violation of a state statute and for which the penalty or any | 1365 |
| 1366 | |
| in postconviction proceedings as defined in this section. | 1367 |
| (2） The joint county public defender may provide legal | 1368 |
| representation to indigent adults and juveniles charged with the | 1369 |
| violation of an ordinance of a municipal corporation for which | 1370 |
| the penalty or any possible adjudication includes the potential | 1371 |
| loss of liberty, if the joint county public defender commission | 1372 |
| has contracted with the municipal corporation to provide legal | 1373 |
| representation for indigent persons charged with a violation of | 1374 |
| an ordinance of the municipal corporation. | 1375 |
| (B） The joint county public defender shall provide the | 1376 |
| legal representation authorized by division (A) of this section | 1377 |
| at every stage of the proceedings following arrest, detention, | 1378 |
| service of summons， or indictment. | 1379 |
| 1380 | |
| public defender to prosecute any appeal or other remedy before | 1381 |
| or after conviction that the joint county public defender | 1382 |
| 1383 | |
| representation in parole and probation revocation matters and | 1384 |
| 1385 | |
| release control under a community control sanction or post- | 1386 |
S. B. No. 134 As Introduced
| elease control sanction. |
| (D） The joint county public defender shall not be required 1388 |
| o prosecute any appeal, postconviction remedy, or other 1389 |
| roceeding, unless the joint county public defender is first 1390 |
| 1391 |
| (E） Nothing in this section shall prevent a court from 1392 |
| ppointing counsel other than the joint county public defender 1393 |
| 1394 |
| erson's own personal counsel to represent the indigent person. 1395 |
| 1396 |
| elect the indigent person's own personal counsel to assist the 1397 |
| oint county public defender as co-counsel when the interests of 1398 |
| ustice so require. 1399 |
| (F） Information as to the right to legal representation by 1400 |
| he joint county public defender or assigned counsel shall be 1401 |
| fforded to an accused person immediately upon arrest, when 1402 |
| rought before a magistrate, or when formally charged, whichever 1403 |
| ccurs first. 1404 |
| (G） If a court appoints the office of the joint county 1405 |
| ublic defender to represent a petitioner in a postconviction 1406 |
| elief proceeding under section 2953.21 of the Revised Code, the 1407 |
| etitioner has received a sentence of death,and the proceeding 1408 |
| elates to that sentence, all of the attorneys who represent the 1409 |
| etitioner in the proceeding pursuant to the appointment, 1410 |
| hether an assistant joint county defender or the joint county 1411 |
| ublic defender, shall be certified under Rule 20 of the Rules 1412 |
| 1413 |
| efendants charged with or convieted of an offense for whieh the 1414 |
| eath penalty ean be or has been imposed. 1415 |
S. B. No. 134 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
S. B. No. 134 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.
S. B. No. 134 As Introduced
Sec. 120.33. (A) In lieu of using a county public defender 1477
or joint county public defender to represent indigent persons in 1478
the proceedings set forth in division (A) of section 120.16 of 1479
the Revised Code, the board of county commissioners of any 1480
county may adopt a resolution to pay counsel who are either 1481
personally selected by the indigent person or appointed by the 1482
court. The resolution shall include those provisions the board 1483
of county commissioners considers necessary to provide effective 1484
representation of indigent persons in any proceeding for which 1485
counsel is provided under this section. The resolution shall 1486
include provisions for contracts with any municipal corporation 1487
under which the municipal corporation shall reimburse the county 1488
for counsel appointed to represent indigent persons charged with 1489
violations of the ordinances of the municipal corporation. 1490
(1) In a county that adopts a resolution to pay counsel, 1491
an indigent person shall have the right to do either of the 1492
following: 1493
(a) To select the person's own personal counsel to 1494
represent the person in any proceeding included within the 1495
provisions of the resolution; 1496
(b) To request the court to appoint counsel to represent 1497
the person in such a proceeding. 1498
(2) The court having jurisdiction over the proceeding in a 1499
county that adopts a resolution to pay counsel shall, after 1500
determining that the person is indigent and entitled to legal 1501
representation under this section, do either of the following: 1502
(a) By signed journal entry recorded on its docket, enter 1503
the name of the lawyer selected by the indigent person as 1504
counsel of record; 1505
S. B. No. 134 As Introduced
(b) Appoint counsel for the indigent person if the person 1506
has requested the court to appoint counsel and, by signed 1507
journal entry recorded on its dockets, enter the name of the 1508
lawyer appointed for the indigent person as counsel of record. 1509
(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 1525
by the court at the request of an indigent person in a county 1526
that adopts a resolution to pay counsel, except for counsel 1527
appointed to represent a person charged with any violation of an 1528
ordinance of a municipal corporation that has not contracted 1529
with the county commissioners for the payment of appointed 1530
counsel, shall be paid by the county and shall receive the 1531
compensation and expenses the court approves. With respect to 1532
capital cases, the court shall approve compensation and expenses 1533
in accordance with the amount or at the rate set by the capital 1534
case attorney fee council pursuant to division (D) of this 1535
section. Each request for payment shall include a financial 1536
S. B. No. 134 As Introduced
disclosure form completed by the indigent person on a form 1537
prescribed by the state public defender. Compensation and 1538
expenses shall not exceed the amounts fixed by the board of 1539
county commissioners in the schedule adopted pursuant to 1540
division (A)(3) of this section. No court shall approve 1541
compensation and expenses that exceed the amount fixed pursuant 1542
to division (A)(3) of this section. 1543
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
S. B. No. 134 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 1593
maintain the standards for the conduct of the system established 1594
by the rules of the Ohio public defender commission pursuant to 1595
divisions (B) and (C) of section 120.03 or the standards 1596
established by the state public defender pursuant to division 1597
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1598
S. B. No. 134 Page 55
As Introduced
defender commission shall notify the board of county 1599
commissioners of the county that the county appointed counsel 1600
system has failed to comply with its rules or the standards of 1601
the state public defender. Unless the board of county 1602
commissioners corrects the conduct of its appointed counsel 1603
system to comply with the rules and standards within ninety days 1604
after the date of the notice, the state public defender may deny 1605
all or part of the county's reimbursement from the state 1606
provided for in division (A)(4) of this section. 1607
(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.
S. B. No. 134 As Introduced
(D)(1) There is hereby created the capital case attorney 1629
fee council, appointed as described in division (D)(2) of this 1630
section. The council shall set an amount by case, or a rate on 1631
an hourly basis, to be paid under this section to counsel in a 1632
capital case. 1633
(2) The capital case attorney fee council shall consist of 1634
five members, all of whom shall be active judges serving on one 1635
of the district courts of appeals in this state. Terms for 1636
council members shall be the lesser of three years or until the 1637
member ceases to be an active judge of a district court of 1638
appeals. The initial terms shall commence ninety days after 1639
September 28, 2016. The chief justice of the supreme court shall 1640
appoint the members of the council, and shall make all of the 1641
appointments not later than sixty days after September 28, 2016. 1642
When any vacancy occurs, the chief justice shall appoint an 1643
active judge of a district court of appeals in this state to 1644
fill the vacancy for the unexpired term, in the same manner as 1645
prescribed in this division. The chief justice shall designate a 1646
chairperson from the appointed members of the council. Members 1647
of the council shall receive no additional compensation for 1648
their service as a member, but may be reimbursed for expenses 1649
reasonably incurred in service to the council, to be paid by the 1650
supreme court. The supreme court may provide administrative 1651
support to the council. 1652
(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
S. B. No. 134 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.
1659
1660
1661
1662
1663
1664
1665
1666
1667
1668
1669
1670
1671
1672
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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
S. B. No. 134 As Introduced
| de， the amount of money paid in that fiscal year | ||
| ) sections 120.18, 120.28, 120.33, 120.35,and 2941.51 | 1690 | |
| 1691 | ||
| ised Code to each county for the fiscal year shall be | 1692 | |
| oportionately so that each county is paid an equal | 1693 | |
| of its cost in the fiscal year for operating its | 1694 | |
| lic defender system, its joint county public defender | 1695 | |
| d its county appointed counsel system, an equal | 1696 | |
| of its costs and expenses of conducting the defense | 1697 | |
| cases in the fiscal year, and an equal percentage of | 1698 1699 | |
| the Revised Code. | and expenses of appointed counsel covered by section | 1700 |
| f any county receives an amount of money pursuant to | 1701 | |
| 0.18, 120.28, 120.33, 120.35,0r 2941.51 of the | 1702 | |
| de that is in excess of the amount of reimbursement it | 1703 | |
| d to receive pursuant to this section, the state | 1704 | |
| ender shall request the board of county commissioners | 1705 | |
| the excess payment and the board of county | 1706 | |
| ers， upon receipt of the request, shall direct the | 1707 | |
| e county officer to return the excess payment to the | 1708 1709 | |
| Vithin thirty days of the end of each fiscal quarter, | 1710 | |
| oublic defender shall provide to the office of budget | 1711 | |
| nent and the legislative service commission an | 1712 | |
| the amount of money that will be required for the | 1713 | |
| the fiscal year to make the payments required by | 1714 | |
| de. | 20.18, 120.28, 120.33, 120.35,and 2941.51 of the | 1715 |
| 1716 | ||
| Jo reimbursement shall be made under this section for | 1717 | |
| ndigent defense to the extent that those costs exceed | 1718 | |
| rate, if any, established by the general assembly. | 1719 |
S. B. No. 134 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 1730
office, including, but not limited to, state, county, city, 1731
village, township, and school district units, and records 1732
pertaining to the delivery of educational services by an 1733
alternative school in this state kept by the nonprofit or for- 1734
profit entity operating the alternative school pursuant to 1735
section 3313.533 of the Revised Code. "Public record" does not 1736
mean any of the following: 1737
(a) Medical records; 1738
(b) Records pertaining to probation and parole 1739
proceedings, to proceedings related to the imposition of 1740
community control sanctions and post-release control sanctions, 1741
or to proceedings related to determinations under section 1742
2967.271 of the Revised Code regarding the release or maintained 1743
incarceration of an offender to whom that section applies; 1744
(c) Records pertaining to actions under section 2151.85 1745
and division (C) of section 2919.121 of the Revised Code and to 1746
appeals of actions arising under those sections; 1747
(d) Records pertaining to adoption proceedings, including 1748
S. B. No. 134 As Introduced
the contents of an adoption file maintained by the department of 1749
health under sections 3705.12 to 3705.124 of the Revised Code; 1750
(e) Information in a record contained in the putative 1751
father registry established by section 3107.062 of the Revised 1752
Code, regardless of whether the information is held by the 1753
department of job and family services or, pursuant to section 1754
3111.69 of the Revised Code, the office of child support in the 1755
department or a child support enforcement agency; 1756
(f) Records specified in division (A) of section 3107.52 1757
of the Revised Code; 1758
(g) Trial preparation records; 1759
(h) Confidential law enforcement investigatory records; 1760
(i) Records containing information that is confidential 1761
under section 2710.03 or 4112.05 of the Revised Code; 1762
(j) DNA records stored in the DNA database pursuant to 1763
section 109.573 of the Revised Code; 1764
(k) Inmate records released by the department of 1765
rehabilitation and correction to the department of youth 1766
services or a court of record pursuant to division (E) of 1767
section 5120.21 of the Revised Code; 1768
(l) Records maintained by the department of youth services 1769
pertaining to children in its custody released by the department 1770
of youth services to the department of rehabilitation and 1771
correction pursuant to section 5139.05 of the Revised Code; 1772
(m) Intellectual property records; 1773
(n) Donor profile records; 1774
(o) Records maintained by the department of job and family 1775
S. B. No. 134 As Introduced
services pursuant to section 3121.894 of the Revised Code; 1776
(p) Designated public service worker residential and 1777
familial information; 1778
(q) In the case of a county hospital operated pursuant to 1779
Chapter 339. of the Revised Code or a municipal hospital 1780
operated pursuant to Chapter 749. of the Revised Code, 1781
information that constitutes a trade secret, as defined in 1782
section 1333.61 of the Revised Code; 1783
(r) Information pertaining to the recreational activities 1784
of a person under the age of eighteen; 1785
(s) In the case of a child fatality review board acting 1786
under sections 307.621 to 307.629 of the Revised Code or a 1787
review conducted pursuant to guidelines established by the 1788
director of health under section 3701.70 of the Revised Code, 1789
records provided to the board or director, statements made by 1790
board members during meetings of the board or by persons 1791
participating in the director's review, and all work products of 1792
the board or director, and in the case of a child fatality 1793
review board, child fatality review data submitted by the board 1794
to the department of health or a national child death review 1795
database, other than the report prepared pursuant to division 1796
(A) of section 307.626 of the Revised Code; 1797
(t) Records provided to and statements made by the 1798
executive director of a public children services agency or a 1799
prosecuting attorney acting pursuant to section 5153.171 of the 1800
Revised Code other than the information released under that 1801
section; 1802
(u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator
S. B. No. 134 As Introduced
that the board of executives of long-term services and supports 1805
administers under section 4751.15 of the Revised Code or 1806
ontracts under that section with a private or government entity 1807
o administer; 1808
(v) Records the release of which is prohibited by state or 1809
ederal law; 1810
(w) Proprietary information of or relating to any person 1811
that is submitted to or compiled by the Ohio venture capital 1812
authority created under section 150.01 of the Revised Code; 1813
(x) Financial statements and data any person submits for 1814
any purpose to the Ohio housing finance agency or the 1815
controlling board in connection with applying for, receiving, or 1816
accounting for financial assistance from the agency, and 1817
nformation that identifies any individual who benefits directly 1818
or indirectly from financial assistance from the agency; 1819
(y) Records listed in section 5101.29 of the Revised Code; 1820
(z) Discharges recorded with a county recorder under 1821
section 317.24 of the Revised Code, as specified in division (B) 1822
(2) of that section; 1823
(aa) Usage information including names and addresses of 1824
specific residential and commercial customers of a municipally 1825
owned or operated public utility; 1826
(bb) Records described in division (C) of section 187.04 1827
of the Revised Code that are not designated to be made available 1828
to the public as provided in that division; 1829
(cc) Information and records that are made confidential, 1830
privileged, and not subject to disclosure under divisions (B) 1831
and (C) of section 2949.221 of the Revised Code; 1832
S. B. No. 134 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 1858
personal information of an individual who is less than eighteen 1859
years of age that is included in any record related to a traffic 1860
accident involving a school vehicle in which the individual was 1861
an occupant at the time of the accident; 1862
S. B. No. 134 As Introduced
| (hh)(gg) Protected health information, as defined in 45 | 1863 |
| C.F.R. 160.103, that is in a claim for payment for a health care | 1864 |
| product, service, or procedure, as well as any other health | 1865 |
| 1866 | |
| individual who is the subject of the data or could be used to | 1867 |
| reveal that individual's identity; | 1868 |
| (ii(hh) Any depiction by photograph, film, videotape, or | 1869 |
| 1870 | |
| circumstances: | 1871 |
| (i） The depiction is that of a victim of an offense the | 1872 |
| release of which would be, to a reasonable person of ordinary | 1873 |
| sensibilities, an offensive and objectionable intrusion into the | 1874 |
| victim's expectation of bodily privacy and integrity. | 1875 |
| (ii） The depiction Captures or depicts the victim of a | 1876 |
| sexually oriented offense, as defined in section 2950.01 of the | 1877 |
| Revised Code, at the actual occurrence of that offense. | 1878 |
| (jj(ii) Restricted portions of a body-worn camera or | 1879 |
| dashboard camera recording; | 1880 |
| (kk)(jj) In the case of a fetal-infant mortality review | 1881 |
| board acting under sections 3707.70 to 3707.77 of the Revised | 1882 |
| Code, records, documents, reports, or other information | 1883 |
| 1884 | |
| the board's behalf, statements made by review board members | 1885 |
| during board meetings, all work products of the board, and data | 1886 |
| submitted by the board to the department of health or a national | 1887 |
| infant death review database, other than the report prepared | 1888 |
| pursuant to section 3707.77 of the Revised Code. | 1889 |
| (ll)(kk) Records, documents, reports, or other information | 1890 |
| presented to the pregnancy-associated mortality review board | 1891 |
S. B. No. 134 As Introduced
established under section 3738.01 of the Revised Code, 1892
statements made by board members during board meetings, all work 1893
products of the board, and data submitted by the board to the 1894
department of health, other than the biennial reports prepared 1895
under section 3738.08 of the Revised Code; 1896
(mm)(ll) Except as otherwise provided in division (A)(1) (oo)(nn) of this section, telephone numbers for a victim, as defined in section 2930.01 of the Revised Code or a witness to a crime that are listed on any law enforcement record or report.
(nn)(mm) A preneed funeral contract, as defined in section 4717.01 of the Revised Code, and contract terms and personally identifying information of a preneed funeral contract, that is contained in a report submitted by or for a funeral home to the board of embalmers and funeral directors under division (C) of section 4717.13, division (J) of section 4717.31, or section 4717.41 of the Revised Code.
(oo)(nn) Telephone numbers for a party to a motor vehicle accident subject to the requirements of section 5502.11 of the Revised Code that are listed on any law enforcement record or report, except that the telephone numbers described in this division are not excluded from the definition of "public record" under this division on and after the thirtieth day after the occurrence of the motor vehicle accident.
(pp)(oo) Records pertaining to individuals who complete training under section 5502.703 of the Revised Code to be permitted by a school district board of education or governing body of a community school established under Chapter 3314. of the Revised Code, a STEM school established under Chapter 3326. of the Revised Code, or a chartered nonpublic school to convey deadly weapons or dangerous ordnance into a school safety zone;
S. B. No. 134 As Introduced
(qq)(pp) Records, documents, reports, or other information 1922
presented to a domestic violence fatality review board 1923
established under section 307.651 of the Revised Code, 1924
statements made by board members during board meetings, all work 1925
products of the board, and data submitted by the board to the 1926
department of health, other than a report prepared pursuant to 1927
section 307.656 of the Revised Code; 1928
(rr)(qq) Records, documents, and information the release 1929
of which is prohibited under sections 2930.04 and 2930.07 of the 1930
Revised Code; 1931
(ss)(rr) Records of an existing qualified nonprofit 1932
corporation that creates a special improvement district under 1933
Chapter 1710. of the Revised Code that do not pertain to a 1934
purpose for which the district is created; 1935
(tt)(ss) Educational support services data, as defined in 1936
section 3319.325 of the Revised Code; 1937
(uu)(tt) Records of the past, current, and future work 1938
schedule of a designated public service worker. As used in 1939
division (A)(1)(uu)(A)(1)(tt) of this section, "work schedule" 1940
does not include the docket of cases of a court, judge, or 1941
magistrate; 1942
(vv)(uu) A request form or confirmation letter submitted 1943
to a public office under section 149.45 of the Revised Code; 1944
(ww)(vv) An affidavit or confirmation letter submitted 1945
under section 319.28 of the Revised Code; 1946
(xx)(ww) License or certificate application or renewal 1947
responses and supporting documentation submitted to the state 1948
medical board regarding an applicant's, or a license or 1949
certificate holder's, inability to practice according to 1950
S. B. No. 134 As Introduced
acceptable and prevailing standards of care by reason of a 1951
medical condition. 1952
A record that is not a public record under division (A)(1) of this section and that, under law, is permanently retained becomes a public record on the day that is seventy-five years after the day on which the record was created, or in the case of a record that is not a public record under division (A)(1)(uu) (tt) of this section that is retained, three years after the day on which the record was created, except for any record protected by the attorney-client privilege, a trial preparation record as defined in this section, a statement prohibiting the release of identifying information signed under section 3107.083 of the Revised Code, a denial of release form filed pursuant to section 3107.46 of the Revised Code, or any record that is exempt from release or disclosure under section 149.433 of the Revised Code. If the record is a birth certificate and a biological parent's name redaction request form has been accepted under section 3107.391 of the Revised Code, the name of that parent shall be redacted from the birth certificate before it is released under this paragraph. If any other section of the Revised Code establishes a time period for disclosure of a record that conflicts with the time period specified in this section, the time period in the other section prevails.
(2) "Confidential law enforcement investigatory record" means any record that pertains to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature, but only to the extent that the release of the record would create a high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged 197
with the offense to which the record pertains, or of an 198
| S.B.No.134 AsIntroduced | Page 68 |
| information source or witness to whom confidentiality has been | 1981 |
| reasonably promised; | 1982 |
| (b） Information provided by an information source or | 1983 |
| witness to whom confidentiality has been reasonably promised, | 1984 |
| 1985 | |
| or witness's identity; | 1986 |
| (c) Specific confidential investigatory techniques or | |
| procedures or specific investigatory work product; | 1987 1988 |
| safety of law enforcement personnel, a crime victim, a witness, | 1989 1990 |
| or a Confidential information source. | 1991 |
| documents, except births, deaths, and the fact of admission to | 1992 1993 |
| or discharge from a hospital, that pertains to the medical | 1994 |
| history， diagnosis, prognosis， or medical condition of a patient | 1995 |
| o oa a ia | 1996 |
| treatment. | 1997 |
| a ( | 1998 |
| contains information that is specifically compiled in reasonable | 1999 |
| anticipation of,or in defense of,a civil or criminal action or | 2000 |
| proceeding, including the independent thought processes and | 2001 |
| personal trial preparation of an attorney. | 2002 |
| (5） "Intellectual property record" means a record, other | 2003 |
| than a financial or administrative record, that is produced or | 2004 |
| collected by or for faculty or staff of a state institution of | 2005 |
| o s o o o u u u | 2006 |
| research on an educational, commercial, scientific, artistic, | 2007 |
| technical, or scholarly issue, regardless of whether the study | 2008 |
| 2009 | |
S. B. No. 134 As Introduced
conjunction with a governmental body or private concern, and 2
that has not been publicly released, published, or patented. 2
(6) "Donor profile record" means all records about donors or potential donors to a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation.
(7) "Designated public service worker" means a peace officer, parole officer, probation officer, bailiff, prosecuting attorney, assistant prosecuting attorney, correctional employee, county or multicounty corrections officer, community-based correctional facility employee, designated Ohio national guard member, protective services worker, youth services employee, firefighter, EMT, medical director or member of a cooperating physician advisory board of an emergency medical service organization, state board of pharmacy employee, investigator of the bureau of criminal identification and investigation, emergency service telecommunicator, forensic mental health provider, mental health evaluation provider, regional psychiatric hospital employee, judge, magistrate, or federal law enforcement officer.
(8) "Designated public service worker residential and 2030
familial information" means any information that discloses any 2031
of the following about a designated public service worker: 2032
(a) The address of the actual personal residence of a 2033
designated public service worker, except for the following 2034
information: 2035
(i) The address of the actual personal residence of a 2036
prosecuting attorney or judge; and 2037
(ii) The state or political subdivision in which a 2038
| S.B.No.134 As Introduced | Page 70 |
| designated public service worker resides. | 2039 |
| (b） Information compiled from referral to or participation | 2040 |
| in an employee assistance program; | 2041 |
| (c） The social security number, the residential telephone | 2042 |
| number, any bank account, debit card, charge card, or credit | 2043 |
| card number, or the emergency telephone number of, or any | 2044 |
| medical information pertaining to, a designated public service | 2045 |
| worker; | 2046 |
| (d) The name of any beneficiary of employment benefits, | 2047 |
| including, but not limited to, life insurance benefits, provided | 2048 |
| 2049 | |
| service worker's employer; | 2050 |
| (e） The identity and amount of any charitable or | 2051 |
| employment benefit deduction made by the designated public | 2052 |
| service worker's employer from the designated public service | 2053 |
| worker's compensation, unless the amount of the deduction is | 2054 |
| required by state or federal law; | 2055 |
| (f） The name, the residential address， the name of the | 2056 |
| employer, the address of the employer, the social security | 2057 |
| number, the residential telephone number, any bank account, | 2058 |
| debit card, charge card, or credit card number, or the emergency | 2059 |
| telephone number of the spouse, a former spouse, or any child of | 2060 |
| a designated public service worker; | 2061 |
| (g） A photograph of a peace officer who holds a position | 2062 |
| or has an assignment that may include undercover or plain | 2063 |
| 2064 | |
| officer's appointing authority. | 2065 |
| (9） As used in divisions (A)(7） and （l5）to (l7）of this | 2066 |
| section: | 2067 |
S. B. No. 134 As Introduced
| "Peace officer" has the meaning defined in section 109.71 |
| 2068 e Revised Code and also includes the superintendent and 2069 |
| ers of the state highway patrol; it does not include the 2070 |
| ff of a county or a supervisory employee who, in the 2071 |
| ce of the sheriff， is authorized to stand in for， exercise 2072 |
| uthority of, and perform the duties of the sheriff. 2073 |
| "Correctional employee" means any employee of the 2074 |
| tment of rehabilitation and correction who in the course of 2075 |
| rming the employee's job duties has or has had contact with 2076 |
| es and persons under supervision. 2077 |
| "County or multicounty corrections officer" means any 2078 |
| ctions officer employed by any county or multicounty 2079 ctional facility. 2080 |
| "Designated Ohio national guard member" means a member of 2081 |
| 2082 |
| motely piloted aircraft, including, but not limited to, 2083 |
| S, sensor operators, and mission intelligence personnel, 2084 |
| S related to special forces operations， or duties related 2085 |
| bersecurity, and is designated by the adjutant general as a 2086 |
| nated public service worker for those purposes. 2087 |
| "Protective services worker" means any employee of a 2088 |
| Y agency who is responsible for child protective services, 2089 |
| support services, or adult protective services. 2090 |
| "Youth services employee" means any employee of the 2091 |
| tment of youth services who in the course of performing the 2092 |
| m aoo o o i 2093 |
| tted to the custody of the department of youth services. 2094 |
| "Firefighter" means any regular, paid or volunteer, member 2095 |
| lawfully constituted fire department of a municipal 2096 |
S. B. No. 134 As Introduced
| township, fire district, or village. | |
| 2097 | |
| means EMTs-basic, EMTs-I, and paramedics that | 2098 |
| gency medical services for a public emergency | 2099 |
| ice organization. "Emergency medical service | 2100 |
| 1u "o1 "'- "'o- " | 2101 |
| ined in section 4765.01 of the Revised Code. | 2102 |
| tigator of the bureau of criminal identification and | 2103 |
| n" has the meaning defined in section 2903.11 of the | 2104 |
| 2105 | |
| ency service telecommunicator" means an individual | 2106 |
| an emergency service provider as defined under | 2107 |
| 01 of the Revised Code, whose primary responsibility | 2108 |
| operator for the receipt or processing of calls for | 2109 |
| rvices made by telephone, radio, or other electronic | 2110 |
| 2111 | |
| sic mental health provider" means any employee of a | 2112 |
| ntal health service provider or local alcohol, drug | 2113 |
| nd mental health services board who, in the course | 2114 |
| yee's duties, has contact with persons committed to | 2115 |
| hol, drug addiction, and mental health services | 2116 |
| ourt order pursuant to section 2945.38, 2945.39, | 2117 |
| 2945.402 of the Revised Code. | 2118 |
| 1 health evaluation provider" means an individual | 2119 |
| hapter 5122. of the Revised Code, examines a | 2120 |
| ho is alleged to be a mentally ill person subject to | 2121 |
| as defined in section 5122.01 of the Revised Code, | 2122 |
| to the probate court the respondent's mental | 2123 |
| 2124 | |
| 2125 |
S. B. No. 134 As Introduced
employee of the department of mental health and addiction 2126
services who, in the course of performing the employee's duties, 2127
has contact with patients committed to the department of mental 2128
health and addiction services by a court order pursuant to 2129
section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised 2130
Code. 2131
"Federal law enforcement officer" has the meaning defined 2132
in section 9.88 of the Revised Code. 2133
(10) "Information pertaining to the recreational 2134
activities of a person under the age of eighteen" means 2135
information that is kept in the ordinary course of business by a 2136
public office, that pertains to the recreational activities of a 2137
person under the age of eighteen years, and that discloses any 2138
of the following: 2139
(a) The address or telephone number of a person under the 2140
age of eighteen or the address or telephone number of that 2141
person's parent, guardian, custodian, or emergency contact 2142
person; 2143
(b) The social security number, birth date, or 2144
photographic image of a person under the age of eighteen; 2145
(c) Any medical record, history, or information pertaining 2146
to a person under the age of eighteen; 2147
(d) Any additional information sought or required about a 2148
person under the age of eighteen for the purpose of allowing 2149
that person to participate in any recreational activity 2150
conducted or sponsored by a public office or to use or obtain 2151
admission privileges to any recreational facility owned or 2152
operated by a public office. 2153
(11) "Community control sanction" has the meaning defined 2154
S. B. No. 134 As Introduced
| in section 2929.01 of the Revised Code. | 2155 | |
| (l2） "Post-release control sanction" has the meaning | 2156 | |
| defined in section 2967.01 of the Revised Code. | 2157 | |
| (13) "Redaction" means obscuring or deleting any | 2158 | |
| information that is exempt from the duty to permit public | 2159 | |
| 2160 | ||
| definition of a "record" in section 149.01l of the Revised Code. | 2161 | |
| (14） "Designee," "elected official," and "future official" | 2162 | |
| 2163 | ||
| (15) "Body-worn camera" means a visual and audio recording | 2164 | |
| device worn on the person of a correctional employee, youth | 2165 | |
| services employee, or peace officer while the correctional | 2166 | |
| employee, youth services employee, or peace officer is engaged | 2167 | |
| in the performance of official duties. | 2168 | |
| (l6) "Dashboard camera" means a visual and audio recording | 2169 | |
| 2170 | ||
| used while the peace officer is engaged in the performance of | 2171 | |
| the peace officer's duties. | 2172 | |
| (17） "Restricted portions of a body-worn camera or | 2173 | |
| dashboard camera recording" means any visual or audio portion of | 2174 | |
| a body-worn camera or dashboard camera recording that shows, | 2175 | |
| communicates, or discloses any of the following: | 2176 | |
| (a） The image or identity of a child or information that | 2177 | |
| could lead to the identification of a child who is a primary | 2178 | |
| subject of the recording when the department of rehabilitation | 2179 | |
| and correction, department of youth services, or the law | 2180 | |
| 2181 | ||
| child based on the department's or law enforcement agency's | 2182 | |
| records or the content of the recording; | 2183 |
S. B. No. 134 As Introduced
| (b) The death of a person or a deceased person's body, | |
| ss the death was caused by a correctional employee, youth | 2184 2185 |
| ces employee, or peace officer or， subject to division (H) | 2186 |
| of this section, the consent of the decedent's executor or | 2187 |
| histrator has been obtained; | 2188 |
| (c) The death of a correctional employee, youth services | 2189 |
| Dyee, peace officer, firefighter， paramedic, or other first | 2190 |
| onder, occurring while the decedent was engaged in the | 2191 |
| ormance of official duties, unless， subject to division (H) | 2192 |
| of this section, the consent of the decedent's executor or | 2193 |
| nistrator has been obtained; | 2194 |
| (d) Grievous bodily harm, unless the injury was effected | 2195 |
| correctional employee, youth services employee, or peace | 2196 |
| cer or，subject to division (H)(l）of this section，the | 2197 |
| 2198 | |
| been obtained; | 2199 |
| (e） An act of severe violence against a person that | 2200 |
| ts in serious physical harm to the person, unless the act | 2201 |
| njury was effected by a correctional employee, youth | 2202 |
| ces employee, or peace officer or， subject to division (H) | 2203 |
| of this section, the consent of the injured person or the | 2204 |
| ced person's guardian has been obtained; | 2205 |
| 2206 | |
| ces employee, peace officer, firefighter, paramedic, or | 2207 |
| :first responder, occurring while the injured person was | 2208 |
| ged in the performance of official duties, unless， subject | 2209 |
| 2210 | |
| 2211 | |
| (g） An act of severe violence resulting in serious | 2212 |
S. B. No. 134 As Introduced
physical harm against a correctional employee, youth services
employee, peace officer, firefighter, paramedic, or other first 2214
responder, occurring while the injured person was engaged in the 2215
performance of official duties, unless, subject to division (H) 2216
(1) of this section, the consent of the injured person or the 2217
injured person's guardian has been obtained; 2218
(h) A person's nude body, unless, subject to division (H) 2219
(1) of this section, the person's consent has been obtained; 2220
(i) Protected health information, the identity of a person 2221
in a health care facility who is not the subject of a 2222
correctional, youth services, or law enforcement encounter, or 2223
any other information in a health care facility that could 2224
identify a person who is not the subject of a correctional, 2225
youth services, or law enforcement encounter; 2226
(j) Information that could identify the alleged victim of 2227
a sex offense, menacing by stalking, or domestic violence; 2228
(k) Information, that does not constitute a confidential 2229
law enforcement investigatory record, that could identify a 2230
person who provides sensitive or confidential information to the 2231
department of rehabilitation and correction, the department of 2232
youth services, or a law enforcement agency when the disclosure 2233
of the person's identity or the information provided could 2234
reasonably be expected to threaten or endanger the safety or 2235
property of the person or another person; 2236
(l) Personal information of a person who is not arrested, 2237
cited, charged, or issued a written warning by a peace officer; 2238
(m) Proprietary correctional, youth services, or police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;
S. B. No. 134 As Introduced
| (n） A personal conversation unrelated to work between | 2242 | |
| correctional employees, youth services employees, or peace | 2243 | |
| officers or between a correctional employee, youth services | 2244 | |
| employee, or peace officer and an employee of a law enforcement | 2245 | |
| agency; | 2246 | |
| (o) A conversation between a correctional employee, youth | 2247 | |
| services employee, or peace officer and a member of the public | 2248 | |
| that does not concern correctional, youth services, or law | 2249 | |
| enforcement activities; | 2250 | |
| (p） The interior of a residence, unless the interior of a | 2251 | |
| residence is the location of an adversarial encounter with, or a | 2252 | |
| use of force by, a correctional employee, youth services | 2253 | |
| employee, or peace officer; | 2254 | |
| (q) Any portion of the interior of a private business that | ||
| is not open to the public, unless an adversarial encounter with, | 2255 | |
| or a use of force by, a correctional employee, youth services | 2256 2257 | |
| employee, or peace officer occurs in that location. | 2258 | |
| As used in division (A)(l7） of this section: | 2259 | |
| 5924.120 of the Revised Code. | "Grievous bodily harm" has the same meaning as in section | 2260 2261 |
| 1337.1l of the Revised Code. | g | 2262 |
| 2263 | ||
| "Protected health information" has the same meaning as in | 2264 | |
| 45 C.F.R. 160.103. | 2265 | |
| "Law enforcement agency" means a government entity that | 2266 | |
| employs peace officers to perform law enforcement duties. | 2267 | |
| "Personal information" means any government-issued | 2268 | |
| identification number, date of birth, address, financial | 2269 |
S. B. No. 134 As Introduced
information, or criminal justice information from the law 2270
enforcement automated data system or similar databases. 2271
"Sex offense" has the same meaning as in section 2907.10 2272
of the Revised Code. 2273
"Firefighter," "paramedic," and "first responder" have the 2274
same meanings as in section 4765.01 of the Revised Code. 2275
(B)(1) Upon request by any person and subject to division 2276
(B)(8) of this section, all public records responsive to the 2277
request shall be promptly prepared and made available for 2278
inspection to the requester at all reasonable times during 2279
regular business hours. Subject to division (B)(8) of this 2280
section, upon request by any person, a public office or person 2281
responsible for public records shall make copies of the 2282
requested public record available to the requester at cost and 2283
within a reasonable period of time. 2284
When considering whether a state or local law enforcement agency promptly prepared a video record for inspection or provided a video record for production within a reasonable period of time, in addition to any other factors, a court shall consider the time required for a state or local law enforcement agency to retrieve, download, review, redact, seek legal advice regarding, and produce the video record. Notwithstanding any other requirement set forth in Chapter 149. of the Revised Code, a state or local law enforcement agency may charge a requester the actual cost associated with preparing a video record for inspection or production, not to exceed seventy-five dollars per hour of video produced, nor seven hundred fifty dollars total. As used in this division, "actual cost," with respect to video records only, means all costs incurred by the state or local law enforcement agency in reviewing, blurring or otherwise
S. B. No. 134 As Introduced
obscuring, redacting, uploading, or producing the video records, including but not limited to the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request. A state or local law enforcement agency may include in its public records policy the requirement that a requester pay the estimated actual cost before beginning the process of preparing a video record for inspection or production. Where a state or local law enforcement agency imposes such a requirement, its obligation to produce a video or make it available for inspection begins once the estimated actual cost is paid in full by the requester. A state or local law enforcement agency shall provide the requester with the estimated actual cost within five business days of receipt of the public records request. If the actual cost exceeds the estimated actual cost, a state or local law enforcement agency may charge a requester for the difference upon fulfilling a request for video records if the requester is notified in advance that the actual cost may be up to twenty per cent higher than the estimated actual cost. A state or local law enforcement agency shall not charge a requester a difference that exceeds twenty per cent of the estimated actual cost.
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
S. B. No. 134 As Introduced
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 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 2358
whole, the public office or the person responsible for the 2359
requested public record shall provide the requester with an 2360
explanation, including legal authority, setting forth why the 2361
S. B. No. 134 As Introduced
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 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
S. B. No. 134 As Introduced
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.
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(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 States mail or by any other means of delivery or transmission within a reasonable period of time after receiving the request for the copy. The public office or person responsible for the public record may require the person making the request to pay in advance the cost of postage if the copy is transmitted by United States mail or the cost of delivery if the copy is transmitted other than by United States mail, and to pay in advance the costs incurred for other supplies used in the mailing, delivery, or transmission.
(b) Any public office may adopt a policy and procedures
S. B. No. 134 As Introduced
that it will follow in transmitting, within a reasonable period 2423
of time after receiving a request, copies of public records by 2424
United States mail or by any other means of delivery or 2425
transmission pursuant to division (B)(7) of this section. A 2426
public office that adopts a policy and procedures under division 2427
(B)(7) of this section shall comply with them in performing its 2428
duties under that division. 2429
(c) In any policy and procedures adopted under division (B)(7) of this section:
(i) A public office may limit the number of records requested by a person that the office will physically deliver by United States mail or by another delivery service to ten per month, 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;
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2443
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2445
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2452
(ii) A public office that chooses to provide some or all of its public records on a web site that is fully accessible to and searchable by members of the public at all times, other than during acts of God outside the public office's control or 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
S. B. No. 134 As Introduced
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.
(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. As used in this division, "public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation were an adult" includes, but is not limited to, personnel files and payroll and attendance records of designated public service workers.
(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 specified designated public service worker shall disclose to the journalist the address of the actual personal residence of the designated public service worker and, if the designated public service worker's spouse, former spouse, or child is employed by a public office, the name and address of the employer of the
S. B. No. 134 As Introduced
| child, and any past, current, and future work schedules of the designated public service worker. The request shall include the | |
| journalist's name and title and the name and address of the | |
| journalist's employer and shall state that disclosure of the | 2488 |
| information sought would be in the public interest. | 2489 |
| (b）Division (B)(9)(a） of this section also applies to | 2490 |
| journalist requests for: | 2491 |
| (i） Customer information maintained by a municipally owned | 2492 |
| or operated public utility, other than social security numbers | 2493 |
| and any private financial information such as credit reports, | 2494 |
| payment methods, credit card numbers, and bank account | 2495 |
| information; | 2496 |
| (ii） Information about minors involved in a school vehicle | 2497 |
| accident as provided in division (A)(l)(gg） of this section, | 2498 |
| other than personal information as defined in section 149.45 of | 2499 |
| the Revised Code; | 2500 |
| (iii） A request form submitted to a public office under section 149.45 of the Revised Code; | 2501 |
| 2502 | |
| (iv） An affidavit submitted under section 319.28 of the | 2503 |
| Revised Code. | 2504 |
| (c） As used in division (B)(9） of this section, | 2505 |
| "journalist" means a person engaged in, connected with, or | 2506 |
| employed by any news medium, including a newspaper, magazine, | 2507 |
| press association, news agency, or wire service, a radio or | 2508 |
| television station, or a similar medium, for the purpose of | 2509 |
| gathering, processing, transmitting, compiling, editing, or | 2510 |
| disseminating information for the general public. | 2511 |
| (l0）Upona | 2512 |
S. B. No. 134 As Introduced
or victim's representative, as that term is used in section 2513
2930.02 of the Revised Code, a public office or person 2514
responsible for public records shall transmit a copy of a 2515
depiction of the victim as described in division (A)(1)(ii) of 2516
this section to the victim, victim's attorney, or victim's 2517
representative. 2518
(C)(1) If a person allegedly is aggrieved by the failure of a public office or the person responsible for public records to promptly prepare a public record and to make it available to the person for inspection in accordance with division (B) of this section or by any other failure of a public office or the person responsible for public records to comply with an obligation in accordance with division (B) of this section, the person allegedly aggrieved may serve pursuant to Rule 4 of the Ohio Rules of Civil Procedure a complaint, on a form prescribed by the clerk of the court of claims, to the public office or person responsible for public records allegedly responsible for the alleged failure. Upon receipt of the complaint of the person allegedly aggrieved, the public office or person responsible for public records has three business days to cure or otherwise address the failure alleged in the complaint. The person allegedly aggrieved shall not file a complaint with a court or commence a mandamus action under this section within the threeday period. Upon the expiration of the three-day period, the person allegedly aggrieved may, subject to the requirements of division (C)(2) of this section, do only one of the following, and not both:
(a) File a complaint with the clerk of the court of claims or the clerk of the court of common pleas under section 2743.75 of the Revised Code;
S. B. No. 134 As Introduced
(b) Commence a mandamus action to obtain a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, that awards court costs and reasonable attorney's fees to the person that instituted the mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(3) of this section. The mandamus action may be commenced in the court of common pleas of the county in which division (B) of this section allegedly was not complied with, in the supreme court pursuant to its original jurisdiction under Section 2 of Article IV, Ohio Constitution, or in the court of appeals for the appellate district in which division (B) of this section allegedly was not complied with pursuant to its original jurisdiction under Section 3 of Article IV, Ohio Constitution.
(2) Upon filing a complaint or mandamus action with a court under divisions (C)(1)(a) or (b) of this section, a person allegedly aggrieved shall file with the court, in conjunction with the person's complaint or petition, a written affirmation stating that the person properly transmitted a complaint to the public office or person responsible for public records, the failure alleged in the complaint has not been cured or otherwise resolved to the person's satisfaction, and that the complaint was transmitted to the public office or person responsible for public records at least three business days before the filing of the suit. If the person fails to file an affirmation pursuant to this division, the suit shall be dismissed.
(3) If a requester transmits a written request by hand 2569
delivery, electronic submission, or certified mail to inspect or 2570
receive copies of any public record in a manner that fairly 2571
describes the public record or class of public records to the 2572
public office or person responsible for the requested public 2573
S. B. No. 134 As Introduced
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. Statutory damages are not available pursuant to this section to a person committed to the custody of the department of rehabilitation and correction or the United States bureau of prisons, or a child committed to the department of youth services as permitted in Chapter 2152. of the Revised Code.
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 threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a
S. B. No. 134 As Introduced
failure to comply with an obligation in accordance with division 2604
(B) of this section and that was the basis of the mandamus 2605
action, a well-informed public office or person responsible for 2606
the requested public records reasonably would believe that the 2607
conduct or threatened conduct of the public office or person 2608
responsible for the requested public records did not constitute 2609
a failure to comply with an obligation in accordance with 2610
division (B) of this section; 2611
(b) That a well-informed public office or person 2612
responsible for the requested public records reasonably would 2613
believe that the conduct or threatened conduct of the public 2614
office or person responsible for the requested public records 2615
would serve the public policy that underlies the authority that 2616
is asserted as permitting that conduct or threatened conduct. 2617
(4) In a mandamus action filed under division (C)(1) of 2618
this section, the following apply: 2619
(a)(i) If the court orders the public office or the person 2620
responsible for the public record to comply with division (B) of 2621
this section, the court shall determine and award to the relator 2622
all court costs, which shall be construed as remedial and not 2623
punitive. 2624
(ii) If the court makes a determination described in 2625
division (C)(4)(b)(iii) of this section, the court shall 2626
determine and award to the relator all court costs, which shall 2627
be construed as remedial and not punitive. 2628
(b) If the court renders a judgment that orders the public 2629
office or the person responsible for the public record to comply 2630
with division (B) of this section or if the court determines any 2631
of the following, the court may award reasonable attorney's fees 2632
S. B. No. 134 As Introduced
to the relator, subject to division (C)(5) 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 public records acted in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued any order concluding whether or not the public office or person was required to comply with division (B) of this section. No discovery may be conducted on the issue of the alleged bad faith of the public office or person responsible for the public records. This division shall not be construed as creating a presumption that the public office or the person responsible for the public records acted in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued any order described in this division.
(c) The court shall not award attorney's fees to the 2658
relator if the court determines both of the following: 2659
(i) That, based on the ordinary application of statutory 2660
law and case law as it existed at the time of the conduct or 2661
| S.B.No.134 As Introduced | Page 91 |
| threatened conduct of the public office or person responsible | 2662 |
| for the requested public records that allegedly constitutes a | 2663 |
| failure to comply with an obligation in accordance with division | 2664 |
| (B） of this section and that was the basis of the mandamus | 2665 |
| action, a well-informed public office or person responsible for | 2666 |
| 2667 | |
| conduct or threatened conduct of the public office or person | 2668 |
| responsible for the requested public records did not constitute | 2669 |
| a failure to comply with an obligation in accordance with | 2670 |
| division (B) of this section; | 2671 |
| (ii） That a well-informed public office or person | 2672 |
| responsible for the requested public records reasonably would | 2673 |
| 2674 | |
| office or person responsible for the requested public records | 2675 |
| 2676 | |
| is asserted as permitting that conduct or threatened conduct. | 2677 |
| (5) All of the following apply to any award of reasonable | |
| attorney's fees awarded under division (C)(4）(b）of this | 2678 2679 |
| section: | 2680 |
| (a） The fees shall be construed as remedial and not | |
| punitive. | 2681 2682 |
| (b） The fees awarded shall not exceed the total of the reasonable attorney's fees incurred before the public record was | 2683 2684 |
| 2685 | |
| (C)(5)(c） of this section. | 2686 |
| (c） Reasonable attorney's fees shall include reasonable | |
| fees incurred to produce proof of the reasonableness and amount | 2687 |
| 2688 | |
| of the fees and to otherwise litigate entitlement to the fees. | 2689 |
| (d) The court may reduce the amount of fees awarded if the | 2690 |
S. B. No. 134 As Introduced
court determines that, given the factual circumstances involved 2691
with the specific public records request, an alternative means 2692
should have been pursued to more effectively and efficiently 2693
resolve the dispute that was subject to the mandamus action 2694
filed under division (C)(1) of this section. 2695
(6) If the court does not issue a writ of mandamus under division (C) of this section and the court determines at that time that the bringing of the mandamus action was frivolous conduct as defined in division (A) of section 2323.51 of the Revised Code, the court may award to the public office all court costs, expenses, and reasonable attorney's fees, as determined by the court.
(D) Chapter 1347. of the Revised Code does not limit the provisions of this section.
(E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) of this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code. A future official may satisfy the requirements of this division by attending the training before taking office, provided that the future official may not send a designee in the future official's place.
(2) All public offices shall adopt a public records policy 2714
in compliance with this section for responding to public records 2715
requests. In adopting a public records policy under this 2716
division, a public office may obtain guidance from the model 2717
public records policy developed and provided to the public 2718
office by the attorney general under section 109.43 of the 2719
Revised Code. Except as otherwise provided in this section, the 2720
S. B. No. 134 As Introduced
policy may not limit the number of public records that the 2721
public office will make available to a single person, may not 2722
limit the number of public records that it will make available 2723
during a fixed period of time, and may not establish a fixed 2724
period of time before it will respond to a request for 2725
inspection or copying of public records, unless that period is 2726
less than eight hours. 2727
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.
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(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 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
S. B. No. 134 As Introduced
information, the release of which is prohibited by law. 2752 (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.
(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.
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(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 costs" include any charges paid to a public agency for computer or records services.
(3) For purposes of divisions (F)(1) and (2) of this
S. B. No. 134 As Introduced
section, "surveys, marketing, solicitation, or resale for commercial purposes" 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.
(G) A request by a defendant, counsel of a defendant, or any agent of a defendant in a criminal action that public records related to that action be made available under this section shall be considered a demand for discovery pursuant to the Criminal Rules, except to the extent that the Criminal Rules plainly indicate a contrary intent. The defendant, counsel of the defendant, or agent of the defendant making a request under this division shall serve a copy of the request on the prosecuting attorney, director of law, or other chief legal officer responsible for prosecuting the action.
(H)(1) Any portion of a body-worn camera or dashboard 279
camera recording described in divisions (A)(17)(b) to (h) of 279
this section may be released by consent of the subject of the 279
recording or a representative of that person, as specified in 280
those divisions, only if either of the following applies: 280
(a) The recording will not be used in connection with any 2802
probable or pending criminal proceedings; 2803
(b) The recording has been used in connection with a 2804
criminal proceeding that was dismissed or for which a judgment 2805
has been entered pursuant to Rule 32 of the Rules of Criminal 2806
Procedure, and will not be used again in connection with any 2807
probable or pending criminal proceedings. 2808
(2) If a public office denies a request to release a 2809
S. B. No. 134 As Introduced
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.
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 2835
responding to a request under this section shall redact any 2836
personal information contained in the record of any individual 2837
less than eighteen years of age who is not the subject of the 2838
request, before providing the record to the recipient. 2839
S. B. No. 134 As Introduced
Sec. 149.45. (A) As used in this section: 2840
(1) "Personal information" means any of the following: 2841
(a) An individual's social security number; 2842
(b) An individual's state or federal tax identification 2843
number; 2844
(c) An individual's driver's license number or state 2845
identification number; 2846
(d) An individual's checking account number, savings 2847
account number, credit card number, or debit card number; 2848
(e) An individual's demand deposit account number, money 2849
market account number, mutual fund account number, or any other 2850
financial or medical account number. 2851
(2) "Public record," "designated public service worker," 2852
and "designated public service worker residential and familial 2853
information" have the meanings defined in section 149.43 of the 2854
Revised Code. 2855
(3) "Qualifying former designated public service worker" 2856
means a former designated public service worker with a minimum 2857
of five years of qualifying service who was an employee in good 2858
standing at the completion of such service. 2859
(4) "Truncate" means to redact all but the last four 2860
digits of an individual's social security number. 2861
(B)(1) No public office or person responsible for a public 2862
office's public records shall make available to the general 2863
public on the internet any document that contains an 2864
individual's social security number without otherwise redacting, 2865
encrypting, or truncating the social security number. 2866
S. B. No. 134 As Introduced
(2) A public office or person responsible for a public office's public records that, prior to October 17, 2011, made available to the general public on the internet any document that contains an individual's social security number shall redact, encrypt, or truncate the social security number from that document.
(3) Divisions (B)(1) and (2) of this section do not apply to documents that are only accessible through the internet with a password.
(C)(1) An individual may request that a public office or a person responsible for a public office's public records redact personal information of that individual from any record made available to the general public on the internet. An individual who makes a request for redaction pursuant to this division shall make the request in writing on a form developed by the attorney general and shall specify the personal information to be redacted and provide any information that identifies the location of that personal information within a document that contains that personal information.
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(2) Upon receiving a request for a redaction pursuant to division (C)(1) of this section, a public office or a person responsible for a public office's public records shall act within five business days in accordance with the request to redact the personal information of the individual from any record made available to the general public on the internet, if practicable. If a redaction is not practicable, the public office or person responsible for the public office's public records shall verbally or in writing within five business days after receiving the written request explain to the individual why the redaction is impracticable.
S. B. No. 134 As Introduced
(3) The attorney general shall develop a form to be used 2897
by an individual to request a redaction pursuant to division (C) 2898
(1) of this section. The form shall include a place to provide 2899
any information that identifies the location of the personal 2900
information to be redacted. 2901
(D)(1) A designated public service worker and a qualifying former designated public service worker may request that a public office, other than a county auditor, or a person responsible for the public records of a public office, other than a county auditor, redact the requestor's address from any record made available to the general public on the internet that includes designated public service worker residential and familial information of the requestor. A designated public service worker or qualifying former designated public service worker who makes a request for a redaction pursuant to this division shall make the request in writing and on a form developed by the attorney general. A qualifying former designated public service worker shall provide, with the form, a confirmation letter from each employer at which the worker accumulated service confirming the years of service and that the worker departed service in good standing.
(2) Upon receiving a written request for a redaction, and confirmation letter if applicable, pursuant to division (D)(1) of this section, a public office, other than a county auditor, or a person responsible for the public records of a public office, other than a county auditor, shall act within five business days in accordance with the request to redact the address of the requestor from any record made available to the general public on the internet that includes designated public service worker residential and familial information of the requestor, if practicable. If a redaction is not practicable,
S. B. No. 134 As Introduced
days after receiving the written request explain to the requestor why the redaction is impracticable.
a designated public service worker or qualifying former designated public service worker, or a person responsible for the public records of the employer, is not required to redact designated public service worker residential and familial information of the designated public service worker or qualifying former designated public service worker from other records maintained by the public office.
| erson responsible for the public office's erbally or in writing within five business ction is impracticable. |
| 2929 |
| he written request explain to the 2930 2931 |
| ovided in this section and section 319.28 2932 public office, other than an employer of 2933 |
| 2934 |
| ice worker, or a person responsible for 2935 |
| the employer, is not required to redact 2936 |
| ice worker residential and familial 2937 |
| ignated public service worker or 2938 |
| gnated public service worker from other 2939 the public office. 2940 |
| general shall develop a form to be used 2941 |
| 2942 |
| ice worker to request a redaction pursuant 2943 |
| this section. The form shall include a 2944 |
| 2945 |
| ignated public service worker or 2946 |
| gnated public service worker to be 2947 |
| 2948 |
| ic office or a person responsible for a 2949 |
| records becomes aware that an electronic 2950 |
| office that is made available to the 2951 |
| internet contains an individual's social 2952 |
| as mistakenly not redacted, encrypted, or 2953 |
| by division (B)(l）or (2）of this section, 2954 |
| erson responsible for the public office's 2955 |
| edact, encrypt， or truncate the 2956 |
| curity number within a reasonable period 2957 |
by a designated public service worker or qualifying former to division (D)(1) of this section. The form shall include a the address of the designated public service worker or qualifying former designated public service worker to be redacted.
record of that public office that is made available to the general public on the internet contains an individual's social public records shall redact, encrypt, or truncate the individual's social security number within a reasonable period
S. B. No. 134 As Introduced
| Oftime. | 2958 | |
| (2） A public office or a person responsible for a public | 2959 | |
| office's public records is not liable in damages in a civil | 2960 | |
| ansau e se suteisns ipabaiie tenpttput ue uteu Kue toy uotaoe | 2961 | |
| of the inclusion of that individual's personal information on | 2962 | |
| any record made available to the general public on the internet | 2963 | |
| or any harm a designated public service worker sustains as a | 2964 | |
| result of the inclusion of the designated public service | 2965 | |
| o | 2966 | |
| public on the internet in violation of this section, unless the | 2967 | |
| public office or person responsible for the public office's | 2968 | |
| public records acted with malicious purpose, in bad faith, or in | 2969 | |
| a wanton or reckless manner or unless division (A)(6)(a) or (c) | 2970 | |
| of section 2744.03 of the Revised Code applies. | 2971 | |
| (F） A form submitted under division (C） or (D）of this | 2972 | |
| section, or a confirmation letter submitted under division (D) | 2973 | |
| of this section, is not a public record under division (A)(l) | 2974 | |
| (vv)(A)(1)(uu) of section 149.43 of the Revised Code. | 2975 | |
| Sec. 1901.183. In addition to jurisdiction otherwise | 2976 | |
| granted in this chapter, the environmental division of a | 2977 | |
| 2978 | ||
| all of the following actions or proceedings and to perform all | 2979 | |
| of the following functions: | 2980 | |
| (A) Notwithstanding any monetary limitations in section | 2981 | |
| od ao ' a o ' | 2982 | |
| the sale of real or personal property under lien of a judgment | 2983 | |
| of the environmental division of the municipal court, or a lien | 2984 | |
| for machinery, material, fuel furnished, or labor performed, | 2985 | |
| irrespective of amount, and, in those cases, the environmental | 2986 | |
| division may proceed to foreclose and marshal all liens and all | 2987 |
S. B. No. 134 As Introduced
vested or contingent rights, to appoint a receiver, and to 2988
render personal judgment irrespective of amount in favor of any 2989
party; 2990
(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 environmental division of the municipal court, in all actions for the recovery of real property situated within the territory to the same extent as courts of common pleas have jurisdiction;
(D) In all actions for injunction to prevent or terminate violations of the ordinances and regulations of any municipal corporation within its territory enacted or promulgated under the police power of that municipal corporation pursuant to Section 3 of Article XVIII, 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;
(E) In all actions for injunction to prevent or terminate violations of the resolutions and regulations of any political
S. B. No. 134 As Introduced
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;
(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;
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(G) In all actions and proceedings in the nature of creditors' bills, and in aid of execution to subject the interests of a judgment debtor in real or personal property to the payment of a judgment of the division, and, in those actions and proceedings, the environmental division may proceed to marshal and foreclose all liens on the property irrespective of the amount of the lien, and all vested or contingent rights in the property;
(H) Concurrent jurisdiction with the court of common pleas of all criminal actions or proceedings related to the pollution of the air, ground, or water within the territory of the environmental division of the municipal court, for which a sentence of death cannot be imposed under Chapter 2903. of the Revised Code;
(I) In any review or appeal of any final order of any administrative officer, agency, board, department, tribunal,
S. B. No. 134 As Introduced
| commission, or other instrumentality that relates to a local | 3048 | |
| building, housing, air pollution, sanitation, health, fire, | 3049 | |
| Zoning, or safety code, ordinance, or regulation, in the same | 3050 | |
| manner and to the same extent as in similar appeals in the court | 3051 | |
| of common pleas; | 3052 | |
| (J） With respect to the environmental division of the | 3053 | |
| Franklin county municipal court, to hear appeals from | 3054 | |
| adjudication hearings conducted under Chapter 956. of the | 3055 | |
| Revised Code. | 3056 | |
| 3057 | ||
| Sec. 2152.13. (A） A juvenile court shall impose a serious | 3058 | |
| youthful dispositional sentence on a child when required under | 3059 | |
| a case, the remaining provisions of this division and divisions | division (B)(3） of section 2152.121 of the Revised Code. In such | 3060 |
| (B)and (C) do not apply to the child, and the court shall | 3061 | |
| 3062 | ||
| under division (D)(l） of this section. | 3063 | |
| In all other cases, a juvenile court may impose a serious | 3064 | |
| youthful offender dispositional sentence on a child only if the | 3065 | |
| prosecuting attorney of the county in which the delinquent act | 3066 | |
| allegedly occurred initiates the process against the child in | 3067 | |
| accordance with this division, and the child is an alleged | 3068 | |
| delinquent child who is eligible for the dispositional sentence. | 3069 | |
| 3070 | ||
| following ways: | 3071 | |
| (l） Obtaining an indictment of the child as a serious | 3072 | |
| youthful offender; | 3073 | |
| (2） The child waives the right to indictment， charging the | 3074 | |
| child in a bill of information as a serious youthful offender; | 3075 | |
| (3） Until an indictment or information is obtained, | 3076 |
S. B. No. 134 As Introduced
requesting a serious youthful offender dispositional sentence in 3077
the original complaint alleging that the child is a delinquent 3078
child; 3079
(4) Until an indictment or information is obtained, if the 3080
original complaint does not request a serious youthful offender 3081
dispositional sentence, filing with the juvenile court a written 3082
notice of intent to seek a serious youthful offender 3083
dispositional sentence within twenty days after the later of the 3084
following, unless the time is extended by the juvenile court for 3085
good cause shown: 3086
(a) The date of the child's first juvenile court hearing 3087
regarding the complaint; 3088
(b) The date the juvenile court determines not to transfer 3089
the case under section 2152.12 of the Revised Code. 3090
After a written notice is filed under division (A)(4) of 3091
this section, the juvenile court shall serve a copy of the 3092
notice on the child and advise the child of the prosecuting 3093
attorney's intent to seek a serious youthful offender 3094
dispositional sentence in the case. 3095
(B) If an alleged delinquent child is not indicted or 3096
charged by information as described in division (A)(1) or (2) of 3097
this section and if a notice or complaint as described in 3098
division (A)(3) or (4) of this section indicates that the 3099
prosecuting attorney intends to pursue a serious youthful 3100
offender dispositional sentence in the case, the juvenile court 3101
shall hold a preliminary hearing to determine if there is 3102
probable cause that the child committed the act charged and is 3103
by age eligible for, or required to receive, a serious youthful 3104
offender dispositional sentence. 3105
S. B. No. 134 As Introduced
(C)(1) A child for whom a serious youthful offender dispositional sentence is sought by a prosecuting attorney has the right to a grand jury determination of probable cause that the child committed the act charged and that the child is eligible by age for a serious youthful offender dispositional sentence. The grand jury may be impaneled by the court of common pleas or the juvenile court.
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Once a child is indicted, or charged by information or the 3113
juvenile court determines that the child is eligible for a 3114
serious youthful offender dispositional sentence, the child is 3115
entitled to an open and speedy trial by jury in juvenile court 3116
and to be provided with a transcript of the proceedings. The 3117
time within which the trial is to be held under Title XXIX of 3118
the Revised Code commences on whichever of the following dates 3119
is applicable: 3120
(a) If the child is indicted or charged by information, on 3121
the date of the filing of the indictment or information. 3122
(b) If the child is charged by an original complaint that 3123
requests a serious youthful offender dispositional sentence, on 3124
the date of the filing of the complaint. 3125
(c) If the child is not charged by an original complaint 3126
that requests a serious youthful offender dispositional 3127
sentence, on the date that the prosecuting attorney files the 3128
written notice of intent to seek a serious youthful offender 3129
dispositional sentence. 3130
(2) If the child is detained awaiting adjudication, upon 3131
indictment or being charged by information, the child has the 3132
same right to bail as an adult charged with the offense the 3133
alleged delinquent act would be if committed by an adult. Except 3134
S. B. No. 134 As Introduced
| as provided in division (D） of section 2l52.l4 of the Revised Code， all provisions of Title XXIX of the Revised Code and the |
| 3135 3136 |
| Criminal Rules shall apply in the case and to the child. The 3137 |
| juvenile court shall afford the child all rights afforded a 3138 |
| 3139 |
| right to counsel and the right to raise the issue of competency. 3140 |
| The child may not waive the right to counsel. 3141 |
| (D)(l） If a child is adjudicated a delinquent child for 3142 |
| committing an act under circumstances that require the juvenile 3143 |
| court to impose upon the child a serious youthful offender 3144 |
| dispositional sentence under section 2l52.1l of the Revised 3145 |
| Code, all of the following apply: 3146 |
| (a） The juvenile court shall impose upon the child a 3147 |
| sentence available for the violation, as if the child were an 3148 |
| adult， under Chapter 2929. of the Revised Code, except that the 3149 |
| juvenile court shall not impose on the child a sentence of death 3150 |
| orlife imprisonment without parole. 3151 |
| (b） The juvenile court also shall impose upon the child 3152 |
| one or more traditional juvenile dispositions under sections 3153 |
| 2152.16, 2152.19, and 2152.20, and, if applicable, section 3154 |
| 2152.17 of the Revised Code. 3155 |
| (c） The juvenile court shall stay the adult portion of the 3156 |
| serious youthful offender dispositional sentence pending the 3157 successful completion of the traditional juvenile dispositions 3158 |
| imposed. 3159 |
| (2)(a） If a child is adjudicated a delinquent child for 3160 |
| committing an act under circumstances that allow, but do not 3161 |
| require, the juvenile court to impose on the child a serious 3162 |
| youthful offender dispositional sentence under section 2l52.11 3163 |
S. B. No. 134 As Introduced
of the Revised Code, all of the following apply:
(i) If the juvenile court on the record makes a finding that, given the nature and circumstances of the violation and the history of the child, the length of time, level of security, and types of programming and resources available in the juvenile system alone are not adequate to provide the juvenile court with a reasonable expectation that the purposes set forth in section 2152.01 of the Revised Code will be met, the juvenile court may 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 juvenile court shall not impose on the child a sentence of death or life imprisonment without parole.
(ii) If a sentence is imposed under division (D)(2)(a)(i) of this section, the juvenile court also shall impose upon the child one or more traditional juvenile dispositions under sections 2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17 of the Revised Code.
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(iii) The juvenile court shall stay the adult portion of the serious youthful offender dispositional sentence pending the successful completion of the traditional juvenile dispositions imposed.
(b) If the juvenile court does not find that a sentence should be imposed under division (D)(2)(a)(i) of this section, the juvenile court may impose one or more traditional juvenile dispositions under sections 2152.16, 2152.19, 2152.20, and, if applicable, section 2152.17 of the Revised Code.
(3) A child upon whom a serious youthful offender dispositional sentence is imposed under division (D)(1) or (2) of this section has a right to appeal under division (A)(1),
S. B. No. 134 As Introduced
(3), (4), or (5) of section 2953.08 of the Revised Code the 3193
adult portion of the serious youthful offender dispositional 3194
sentence when any of those divisions apply. The child may appeal 3195
the adult portion, and the court shall consider the appeal as if 3196
the adult portion were not stayed. 3197
Sec. 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury, or the juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.
Sec. 2301.20. All civil and criminal actions in the court of common pleas shall be recorded. The reporter shall take accurate notes of or electronically record the oral testimony. The notes and electronic records shall be filed in the office of the official reporter and carefully preserved for either of the following periods of time:
(A) If the action is not a capital case in which a sentence of life imprisonment has been imposed or a case in which, prior to the effective date of this amendment, a sentence of death was imposed, the notes and electronic records shall be preserved for the period of time specified by the court of common pleas, which period of time shall not be longer than the
S. B. No. 134 As Introduced
| Huced | |
| of time that the other records of the particular action | 3223 |
| quired to be kept. | 3224 |
| (B） If the action is a capital caser_in which a sentence | 3225 |
| e imprisonment has been imposed or a case in which, prior | 3226 |
| effective date of this amendment， a sentence of death has | 3227 |
| mposed the notes and electronic records shall be preserved | 3228 |
| 3229 | |
| tion and exhaustion of all appeals. | 3230 |
| 3231 | |
| riminal act has, and may recover full damages in, a civil | 3232 |
| unless specifically excepted by law, may recover the | 3233 |
| of maintaining the civil action and attorney's fees if | 3234 |
| ized by any provision of the Rules of Civil Procedure or | 3235 |
| 3236 | |
| tate, and may recover punitive or exemplary damages if | 3237 |
| ized by section 2315.2l or another section of the Revised | 3238 |
| 3239 | |
| (2）A final judgment of a trial court that has not been | 3240 |
| ed on appeal or otherwise set aside, nullified, or | 3241 |
| d， entered after a trial or upon a plea of guilty， but not | 3242 |
| plea of no contest or the equivalent plea from another | 3243 |
| iction, that adjudges an offender guilty of an offense of | 3244 |
| ce punishable by death or imprisonment in excess of one | 3245 |
| when entered as evidence in any subsequent civil | 3246 |
| ding based on the criminal act, shall preclude the | 3247 |
| 3248 | |
| Ssential to sustaining that judgment, unless the offender | 3249 |
| monstrate that extraordinary circumstances prevented the | 3250 |
| er from having a full and fair opportunity to litigate the | 3251 |
| in the criminal proceeding or other extraordinary | 3252 |
S. B. No. 134 As Introduced
circumstances justify affording the offender an opportunity to 3253
relitigate the issue. The offender may introduce evidence of the 3254
offender's pending appeal of the final judgment of the trial 3255
court, if applicable, and the court may consider that evidence 3256
in determining the liability of the offender. 3257
(B)(1) As used in division (B) of this section: 3258
(a) "Tort action" means a civil action for damages for 3259
injury, death, or loss to person or property other than a civil 3260
action for damages for a breach of contract or another agreement 3261
between persons. "Tort action" includes, but is not limited to, 3262
a product liability claim, as defined in section 2307.71 of the 3263
Revised Code, and an asbestos claim, as defined in section 3264
2307.91 of the Revised Code, an action for wrongful death under 3265
Chapter 2125. of the Revised Code, and an action based on 3266
derivative claims for relief. 3267
(b) "Residence" has the same meaning as in section 2901.05 3268
of the Revised Code. 3269
(2) Recovery on a claim for relief in a tort action is 3270
barred to any person or the person's legal representative if any 3271
of the following apply: 3272
(a) The person has been convicted of or has pleaded guilty 3273
to a felony, or to a misdemeanor that is an offense of violence, 3274
arising out of criminal conduct that was a proximate cause of 3275
the injury or loss for which relief is claimed in the tort 3276
action. 3277
(b) The person engaged in conduct that, if prosecuted, 3278
would constitute a felony, a misdemeanor that is an offense of 3279
violence, an attempt to commit a felony, or an attempt to commit 3280
a misdemeanor that is an offense of violence and that conduct 3281
S. B. No. 134 As Introduced
was a proximate cause of the injury or loss for which relief is claimed in the tort action, 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.
(c) The person suffered the injury or loss for which relief is claimed in the tort action as a proximate result of the 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 acting against the person in selfdefense, defense of another, or defense of the victim's residence, 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. Division (B)(2)(c) of this section does not apply if the person who suffered the injury or loss, at the time of the victim's act of self-defense, defense of another, or defense of residence, was an innocent bystander who had no connection with the underlying conduct that prompted the victim's exercise of self-defense, defense of another, or defense of residence.
(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
S. B. No. 134 As Introduced
a felony, or an attempt to commit a misdemeanor that is an 3313
offense of violence, regardless of whether the person has been 3314
convicted of or pleaded guilty to or has been charged with 3315
committing the felony, the misdemeanor, or the attempt to commit 3316
the felony or misdemeanor. 3317
(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:
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(A)(1) An attorney, concerning a communication made to the 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
S. B. No. 134 As Introduced
defined in section 2901.02 of the Revised Code, and the client's 3342
attorney if the communication is relevant to a subsequent 3343
ineffective assistance of counsel claim by the client alleging 3344
that the attorney did not effectively represent the client in 3345
the case; 3346
(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 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
S. B. No. 134 As Introduced
| registered nurse, or dentist given to a patient, except as | 3372 | |
| otherwise provided in this division, division (B)(2)， and | 3373 | |
| division (B)(3) of this section， and except that,if the patient | 3374 | |
| is deemed by section 2151.421 of the Revised Code to have waived | 3375 | |
| any testimonial privilege under this division, the physician or | 3376 | |
| 3377 | ||
| on the same subject. | 3378 | |
| The testimonial privilege established under this division | 3379 | |
| does not apply, and a physician, advanced practice registered | 3380 | |
| nurse， or dentist may testify or may be compelled to testify， in | 3381 | |
| any of the following circumstances: | 3382 | |
| (a) In any civil action, in accordance with the discovery | 3383 | |
| provisions of the Rules of Civil Procedure in connection with a | 3384 | |
| civil action, or in connection with a claim under Chapter 4l23. | 3385 | |
| of the Revised Code, under any of the following circumstances: | 3386 | |
| (i） If the patient or the guardian or other legal | 3387 | |
| representative of the patient gives express consent; | 3388 | |
| (ii） If the patient is deceased， the spouse of the patient | 3389 | |
| or the executor or administrator of the patient's estate gives | 3390 | |
| express consent; | 3391 | |
| (iii） If a medical claim, dental claim, chiropractic | 3392 | |
| claim, or optometric claim, as defined in section 2305.113 of | 3393 | |
| the Revised Code, an action for wrongful death, any other type | 3394 | |
| of civil action， or a claim under Chapter 4123.of the Revised | 3395 | |
| Code is filed by the patient, the personal representative of the | 3396 | |
| estate of the patient if deceased, or the patient's guardian or | 3397 | |
| other legal representative. | 3398 | |
| 3399 | ||
| or services received by a patient, if the court-ordered | 3400 |
S. B. No. 134 As Introduced
treatment or services were ordered as part of a case plan 3401
journalized under section 2151.412 of the Revised Code or the 3402
court-ordered treatment or services are necessary or relevant to 3403
dependency, neglect, or abuse or temporary or permanent custody 3404
proceedings under Chapter 2151. of the Revised Code. 3405
(c) In any criminal action concerning any test or the results of any test that determines 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 patient's whole blood, blood serum or plasma, breath, urine, oral fluid, or other bodily substance at any time relevant to the criminal offense in question.
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(d) In any criminal action against a physician, advanced practice registered nurse, or dentist. In such an action, the testimonial privilege established under this division does not prohibit the admission into evidence, in accordance with the Rules of Evidence, of a patient's medical or dental records or other communications between a patient and the physician, 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
S. B. No. 134 As Introduced
| d and the deceased patient's physician, advanced | 3431 | |
| registered nurse， or dentist, the communication is | 3432 | |
| to a dispute between parties who claim through that | 3433 | |
| patient, regardless of whether the claims are by | 3434 | |
| r intestate succession or by inter vivos transaction, | 3435 | |
| ispute addresses the competency of the deceased patient | 3436 | |
| deceased patient executed a document that is the basis | 3437 | |
| spute or whether the deceased patient was a victim of | 3438 | |
| due influence， or duress when the deceased patient | 3439 | |
| a document that is the basis of the dispute. | 3440 | |
| If neither the spouse of a patient nor the executor | 3441 | |
| strator of that patient's estate gives consent under | 3442 | |
| (B）(l)(a)(ii）of this section，testimony or the | 3443 | |
| e of the patient's medical records by a physician, | 3444 | |
| practice registered nurse, dentist, or other health | 3445 | |
| ider under division (B)(l)(e)(i） of this section is a | 3446 | |
| use or disclosure of protected health information, as | 3447 | |
| n 45 C.F.R.160.103， and an authorization or | 3448 | |
| ty to be heard shall not be required. | 3449 | |
| 3450 | ||
| i）Division(B)(l）(e）(i）of this section does not mental health professional to disclose psychotherapy | 3451 | |
| defined in 45 C.F.R. 164.501. | 3452 | |
| An interested person who objects to testimony or | 3453 3454 | |
| ive order pursuant to Civil Rule 26. | e under division (B)(l）(e)(i）of this section may seek | 3455 |
| A person to whom protected health information is | 3456 | |
| under division (B)(l)(e)(i）of this section shall not | 3457 | |
| 3458 | ||
| n the litigation or proceeding for which the | 3459 | |
| on was requested and shall return the protected health | 3460 |
S. B. No. 134 As Introduced
information to the covered entity or destroy the protected 3461
health information, including all copies made, at the conclusion 3462
of the litigation or proceeding. 3463
(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, oral fluid, 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 the health care provider does not possess any of the requested records, the provider shall give the officer a written statement that indicates that the provider does not possess any of the requested records.
(b) If a health care provider possesses any records of the 3484
type described in division (B)(2)(a) of this section regarding 3485
the person in question at any time relevant to the criminal 3486
offense in question, in lieu of personally testifying as to the 3487
results of the test in question, the custodian of the records 3488
may submit a certified copy of the records, and, upon its 3489
submission, the certified copy is qualified as authentic 3490
evidence and may be admitted as evidence in accordance with the 3491
S. B. No. 134 As Introduced
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 injuries that are relevant to issues in the medical claim, dental claim, chiropractic claim, or optometric claim, action for wrongful death, other civil action, or claim under Chapter 4123. of the Revised Code.
(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
S. B. No. 134 As Introduced
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.
(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.
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(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 statements necessary to enable a physician, advanced practice registered nurse, or dentist to diagnose, treat, prescribe, or act for a patient. A "communication" may include, but is not limited to, any medical or dental, office, or hospital communication such as a record, chart, letter, memorandum, laboratory test and results, x-ray, photograph, financial statement, diagnosis, or prognosis.
(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:
S. B. No. 134 As Introduced
(i) "Ambulatory care facility" means a facility that 3553
provides medical, diagnostic, or surgical treatment to patients 3554