SENATORS Austria, Spada, Robert Gardner, White, Furney

To enact sections 2305.236 to 2305.239 of the Revised

1

Code to confer two distinct qualified immunities

2

from tort liability upon a shelter for victims of

3

domestic violence and its directors, owners,

4

trustees, officers, employees, and volunteers for

5

harm that family or household members cause to

6

victims of domestic violence on the shelter's

7

premises, or on premises other than the shelter's

8

premises, under specified circumstances.

9

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

Section 1.  That sections 2305.236, 2305.237, 2305.238, and	10
2305.239 of the Revised Code be enacted to read as follows:	11

Sec. 2305.236.  As used in sections 2305.236 to 2305.239 of	12
the Revised Code:	13

(A) "Conduct" means actions or omissions.

14

(B) "Domestic violence," "family or household member,"	15
"shelter," and "shelter for victims of domestic violence" have the	16
same meanings as in section 3113.33 of the Revised Code.	17

(C) "Harm" means injury, death, or loss to person or	18
property.	19

(D) "Political subdivision" has the same meaning as in	20
section 2744.01 of the Revised Code.	21

(E) "Tort action" means a civil action for damages for	22
injury, death, or loss to person or property other than a civil	23
action for damages for a breach of contract or another agreement	24
between persons.	25

(F) "Volunteer" means an individual who provides any service	26
at a shelter for victims of domestic violence without the	27
expectation of receiving and without receiving any compensation or	28
other form of remuneration, either directly or indirectly, for the	29
provision of the service.	30

Sec. 2305.237.  (A) Except as provided in division (B) of	31
this section and subject to section 2305.239 of the Revised Code,	32
a shelter for victims of domestic violence and a director, owner,	33
trustee, officer, employee, or volunteer of the shelter are not	34
liable in damages in a tort action for harm that a victim of	35
domestic violence allegedly sustains as a result of tortious	36
conduct of a family or household member of the victim that is	37
committed on the shelter's premises if the family or household	38
member is not a director, owner, trustee, officer, employee, or	39
volunteer of the shelter and if any of the following situations	40
apply:	41

(1) The family or household member illegally entered and	42
illegally remained on the shelter's premises at the time the	43
family or household member's tortious conduct allegedly caused the	44
harm that the victim of domestic violence sustained on the	45
shelter's premises.	46

(2) The family or household member legally entered the	47
shelter's premises; a director, owner, trustee, officer, employee,	48
or volunteer of the shelter informed the family or household	49
member to leave the shelter's premises, and took reasonable steps	50
underthe circumstances to cause the family or household member to	51
leave the shelter's premises, prior to the family or household	52
member allegedly causing the harm that the victim of domestic	53
violence sustained on the shelter's premises; and, despite those	54
reasonable steps, the family or household member remained on the	55
shelter's premises and committed the tortious conduct that	56
allegedly caused the harm that the victim of domestic violence	57
sustained on the shelter's premises.	58

(3) The family or household member legally entered the	59
shelter's premises; a director, owner, trustee, officer, employee,	60
or volunteer of the shelter granted the family or household member	61
permission to remain on the shelter's premises after taking either	62
of the following precautionary steps; and, despite taking either	63
of those steps, the family or household member committed the	64
tortious conduct that allegedly caused the harm that the victim of	65
domestic violence sustained on the shelter's premises:	66

(a) The director, owner, trustee, officer, employee, or	67
volunteer of the shelter inquires, at the time of the entry of the	68
shelter's premises, whether the individual so entering is a family	69
or household member of a victim of domestic violence on the	70
shelter's premises; the individual responds that the individual is	71
not a family or household member of that nature; and the director,	72
owner, trustee, officer, employee, or volunteer, in exercising the	73
reasonable judgment and discretion of a prudent person under	74
similar circumstances, believes that the individual is not a	75
family or household member of that nature.	76

(b) The director, owner, trustee, officer, employee, or	77
volunteer of the shelter inquires, at the time of the entry of the	78
shelter's premises, whether the individual so entering is a family	79
or household member of a victim of domestic violence on the	80
shelter's premises; the individual responds that the individual is	81
a family or household member of that nature; and the director,	82
owner, trustee, officer, employee, or volunteer, in exercising the	83
reasonable judgment and discretion of a prudent person under	84
similar circumstances, determines that granting the individual	85
permission to remain on the shelter's premises does not appear to	86
pose a threat of harm to the victim of domestic violence.	87

(B) The immunity from tort liability conferred by division	88
(A) of this section is not available to a shelter for victims of	89
domestic violence or a director, owner, trustee, officer,	90
employee, or volunteer of the shelter if the plaintiff in a tort	91
action establishes, by clear and convincing evidence, that the	92
harm that a victim of domestic violence sustains on the shelter's	93
premises as a result of a family or household member's tortious	94
conduct was contributed to by an action or omission of a director,	95
owner, trustee, officer, employee, or volunteer of the shelter	96
that involves malicious purpose, bad faith, or wanton or reckless	97
conduct. For purposes of this division, reckless conduct includes	98
the release of confidential information that pertains to the	99
victim of domestic violence.	100

Sec. 2305.238.  (A) Except as provided in division (B) of	101
this section and subject to section 2305.239 of the Revised Code,	102
a shelter for victims of domestic violence and a director, owner,	103
trustee, officer, employee, or volunteer of the shelter are not	104
liable in damages in a tort action for harm that a victim of	105
domestic violence allegedly sustains as a result of tortious	106
conduct of a family or household member of the victim that is	107
committed on premises other than the shelter's premises if the	108
family or household member is not a director, owner, trustee,	109
officer, employee, or volunteer of the shelter and if both of the	110
following apply at the time the family or household member's	111
tortious conduct allegedly causes the harm that the victim	112
sustains on premises other than the shelter's premises:	113

(1) A director, owner, trustee, officer, employee, or	114
volunteer of the shelter is providing assistance to the victim,	115
including, but not limited to, accompanying the victim to a health	116
care practitioner's or attorney's office.	117

(2) The director, owner, trustee, officer, employee, or	118
volunteer of the shelter is engaged in the course of that	119
director's, owner's, trustee's, officer's, employee's, or	120
volunteer's employment, official responsibilities, or authorized	121
services for the shelter.	122

(B) The immunity from tort liability conferred by division	123
(A) of this section is not available to a shelter for victims of	124
domestic violence or a director, owner, trustee, officer,	125
employee, or volunteer of the shelter if the plaintiff in a tort	126
action establishes, by clear and convincing evidence, that the	127
harm that a victim of domestic violence sustains on premises other	128
than the shelter's premises as a result of a family or household	129
member's tortious conduct was contributed to by an action or	130
omission of a director, owner, trustee, officer, employee, or	131
volunteer of the shelter that involves malicious purpose, bad	132
faith, or wanton or reckless conduct. For purposes of this	133
division, reckless conduct includes the release of confidential	134
information that pertains to the victim of domestic violence.	135

Sec. 2305.239.  (A) Sections 2305.237 and 2305.238 of the	136
Revised Code do not create a new cause of action or substantive	137
legal right against a shelter for victims of domestic violence or	138
a director, owner, trustee, officer, employee, or volunteer of	139
the shelter.	140

(B) Sections 2305.237 and 2305.238 of the Revised Code do	141
not affect any immunities from civil liability or defenses	142
established under section 2305.234, 2744.02, or 2744.03 or another	143
section of the Revised Code or available at common law to which a	144
shelter for victims of domestic violence, a director, owner,	145
trustee, officer, employee, or volunteer of the shelter, or a	146
political subdivision associated with the shelter may be entitled	147
in connection with alleged tort liability based upon the tortious	148
conduct of third parties or in connection with circumstances not	149
covered by section 2305.237 or 2305.238 of the Revised Code.	150

Section 2.  Sections 2305.236 to 2305.239 of the Revised	151
Code, as enacted by this act, apply only to causes of action for	152
harm that victims of domestic violence allegedly sustain on or	153
after the effective date of this act on or off the premises of a	154
shelter for victims of domestic violence. With respect to causes	155
of action that are not barred by a statute of limitations and that	156
are for harm that victims of domestic violence allegedly sustained	157
prior to the effective date of this act on or off the premises of	158
a shelter for victims of domestic violence, the liability or	159
immunity from liability of, and defenses available to, the shelter	160
or the director, owner, trustee, officer, employee, or volunteer	161
of the shelter shall be determined as if this act had not been	162
enacted.	163