REPRESENTATIVES Hughes, Calvert, Carmichael, Collier, Fessler, Goodman, Hoops, Latta, Lendrum, Olman, Reidelbach, Schaffer, Schmidt, G. Smith, Key, R. Miller, Womer Benjamin, Sulzer, Seaver, S. Smith, Brown, Faber, Willamowski, Setzer, Flowers, Wolpert, McGregor, Aslanides, Core, Evans, Ogg, Carano, Mason, Cirelli, D. Miller, Allen, Coates, Otterman, Latell, Seitz, Metzger, Wilson, Schneider, Distel, Woodard, DeBose, Sferra, Rhine, Manning, Krupinski, Roman, Kearns, Reinhard, Damschroder, Widowfield, Hollister, Niehaus, Buehrer, Hagan, Cates, Raga, Webster, Gilb, Boccieri, Barrett, Driehaus, Britton

To amend sections 317.24 and 2913.49 and to enact

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section 317.42 of the Revised Code to revise the

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elements of and the penalty for taking the identity

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of another, to permit a discharged member of the

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armed forces to expunge the person's social

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security number from the county recorder's record

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of discharge, and to require a county recorder to

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post a notice stating that anything filed in the

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recorder's office is a public record.

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

Section 1. That sections 317.24 and 2913.49 be amended and	10
section 317.42 of the Revised Code be enacted to read as follows:	11

Sec. 317.24.  (A) Upon request of any discharged member of	12
the armed forces of the United States and presentation of the	13
member's discharge, the county recorder shall record the discharge	14
in a book to be furnished by the board of county commissioners for	15
that purpose. There shall be no fee for the recording. The	16
record of discharge, or a certified copy of the record, shall be	17
received in evidence in all cases where the original discharge	18
would be received.	19

(B) Upon application by a person whose discharge has been	20
recorded pursuant to this section, the county recorder shall,	21
without fee, expunge the person's record of discharge or, the	22
person's separation program number, or the person's social	23
security number from the person's record of discharge. The	24
application shall be in the following form:	25

"APPLICATION FOR EXPUNGEMENT

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OF DISCHARGE RECORD

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I, ................ (Name of Applicant), the undersigned,	28
hereby request the County Recorder of the County of ............	29
(Name of County), state of Ohio, to expunge my .......... (Insert	30
either Record of Discharge or, Separation Program Number, or	31
Social Security Number from my Record of Discharge).	32

Dated this .......... day of .........., .....

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.................................

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	34
Applicant) on .........., .....	35

........................................

Notary	36
Public

My commission expires .........., ....."

(C) "Separation program number" means the coded number or	37
numbers used to specify the reasons for a person's separation from	38
active duty, as contained in line 9 (c) or line 11 (c) of a	39
veteran's discharge paper, United States department of defense	40
form DD-214.	41

(D) Upon the request of any person who served during World	42
War I or World War II as a member of any armed force of the	43
government of Poland or Czechoslovakia and participated while so	44
serving in armed conflict with an enemy of the United States and	45
who has been a citizen of the United States for at least ten	46
years, and the presentation of the person's discharge, the county	47
recorder shall record the person's discharge in a book to be	48
furnished by the board of county commissioners for that purpose.	49
No fee shall be charged for the recording. The record, or a	50
certified copy of it, shall be received in evidence in all cases	51
where the original would be received.	52

Sec. 317.42. (A) The county recorder shall display at all	53
times, in a conspicuous place in the office of the recorder, a	54
printed card that shall read substantially as follows:	55

"WARNING

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Documents recorded in the recorder's office generally are	57
considered to be public records. Other persons have access to the	58
information contained in recorded documents."	59

(B) If the county recorder fails to post a card in	60
accordance with division (A) of this section, the county recorder	61
is not liable in a civil action for injury, death, or loss to	62
person or property that allegedly results from that failure.	63

Sec. 2913.49.  (A) As used in this section, "personal	64
identifying information" includes, but is not limited to, the	65
following: the name, address, telephone number, driver's license,	66
driver's license number, commercial driver's license, commercial	67
driver's license number, state identification card, state	68
identification card number, social security card, social security	69
number, birth certificate, place of employment, employee	70
identification number, mother's maiden name, demand deposit	71
account number, savings account number, money market account	72
number, mutual fund account number, other financial account	73
number, personal identification number, password, or credit card	74
number of a living or dead individual.	75

(B) No person, without the express or implied consent of the	76
other person, shall use, or obtain,or possess, orwith intent to	77
use, any personal identifying information of any living or dead	78
individual with the intent to fraudulently obtain credit,	79
property, or services or avoid the payment of a debt or any other	80
legal obligationanother person to do either of the following or	81
with intent to do either of the following:	82

(1) Hold the person out to be the other person;

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(2) Represent the other person's personal identifying	84
information as the person's own personal identifying information.	85

(C) No person shall create, obtain, possess, or use the	86
personal identifying information of any living or dead individual	87
person with the intent to aid or abet another person in violating	88
division (B) of this section.	89

(D) It is an affirmative defense to a charge under division	90
(B) of this section that any of the following apply:	91

(1) The person using the personal identifying information is	92
acting in accordance with a legally recognized guardianship or	93
conservatorship or as a trustee or fiduciary.	94

(2) A law enforcement agency, authorized fraud personnel, or	95
a representative of or attorney for a law enforcement agency or	96
authorized fraud personnel uses the personal identifying	97
information in a bona fide investigation, an information security	98
evaluation, a pretext calling evaluation, or a similar matter.	99

(3) The personal identifying information was obtained,	100
possessed, or used for a lawful purpose.	101

(E) It is not a defense to a charge under this section that	102
the person whose personal identifying information was obtained,	103
possessed, or used was deceased at the time of the offense.	104

(F)(1) If the violation of division (B) of this section	105
occurs as part of a course of conduct involving other violations	106
of division (B) of this section or violations of, attempts to	107
violate, conspiracies to violate, or complicity in violations of	108
division (C) of this section or section 2913.02, 2913.04, 2913.11,	109
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised	110
Code, the court, in determining the degree of the offense pursuant	111
to division (E)(G) of this section, may aggregate all credit,	112
property, or services obtained or sought to be obtained by the	113
offender and all debts or other legal obligations avoided or	114
sought to be avoided by the offender in the violations involved in	115
that course of conduct. The course of conduct may involve one	116
victim or more than one victim.	117

(2) If the violation of division (C) of this section occurs	118
as part of a course of conduct involving other violations of	119
division (C) of this section or violations of, attempts to	120
violate, conspiracies to violate, or complicity in violations of	121
division (B) of this section or section 2913.02, 2913.04, 2913.11,	122
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised	123
Code, the court, in determining the degree of the offense pursuant	124
to division (E)(G) of this section, may aggregate all credit,	125
property, or services obtained or sought to be obtained by the	126
person aided or abetted and all debts or other legal obligations	127
avoided or sought to be avoided by the person aided or abetted in	128
the violations involved in that course of conduct. The course of	129
conduct may involve one victim or more than one victim.	130

(E)(G) Whoever violates this section is guilty of taking the	131
identity of another. Except as otherwise provided in this	132
division, taking the identity of another is a misdemeanor of the	133
first degree. If the value of the credit, property, services,	134
debt, or other legal obligation involved in the violation or	135
course of conduct is five hundred dollars or more and is less than	136
five thousand dollars, taking the identity of another is a felony	137
of the fifthfourth degree. If the value of the credit, property,	138
services, debt, or other legal obligation involved in the	139
violation or course of conduct is five thousand dollars or more	140
and is less than one hundred thousand dollars, taking the identity	141
of another is a felony of the fourththird degree. If the value	142
of the credit, property, services, debt, or other legal obligation	143
involved in the violation or course of conduct is one hundred	144
thousand dollars or more, taking the identity of another is a	145
felony of the thirdsecond degree.	146

Section 2. That existing sections 317.24 and 2913.49 of the	147
Revised Code are hereby repealed.	148