REPRESENTATIVES Willamowski, Grendell, Latta, Manning, Seitz, Sulzer, Jones, Womer Benjamin, Kearns, Hagan, Buehrer, Evans, Faber, Cates, Niehaus, Coates, Salerno, Lendrum, Schuring, Hollister, Roman, Flowers, Sferra, Distel, Rhine, Krupinski, Metzger, Wolpert, Cirelli, Schaffer, DeBose, Woodard, Key, Collier, Brown, Damschroder, Redfern, Reidelbach, McGregor, Calvert, Clancy, Jerse, Patton, Hartnett, Otterman, S. Smith, Allen, Fedor, Britton, Perry, Barrett, Oakar, Sullivan

To enact sections 2305.236 to 2305.239 of the Revised

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Code to confer two distinct qualified immunities

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from tort liability upon a shelter for victims of

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domestic violence and its directors, owners,

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trustees, officers, employees, victim advocates,

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and volunteers for harm that family or household

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members cause to victims of domestic violence or

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other persons on the shelter's premises, or on

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premises other than the shelter's premises, under

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specified circumstances.

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

Section 1.  That sections 2305.236, 2305.237, 2305.238, and	11
2305.239 of the Revised Code be enacted to read as follows:	12

Sec. 2305.236.  As used in sections 2305.236 to 2305.239 of	13
the Revised Code:	14

(A) "Conduct" means actions or omissions.

15

(B) "Domestic violence," "shelter," and "shelter for victims	16
of domestic violence" have the same meanings as in section 3113.33	17
of the Revised Code.	18

(C) "Perpetrator" means a person who allegedly has committed	19
domestic violence and who bears one of the relationships specified	20
in division (B) of section 3113.33 of the Revised Code to a victim	21
of domestic violence who is a shelter client.	22

(D) "Harm" means injury, death, or loss to person or	23
property.	24

(E) "Political subdivision" has the same meaning as in	25
section 2744.01 of the Revised Code.	26

(F) "Tort action" means a civil action for damages for	27
injury, death, or loss to person or property other than a civil	28
action for damages for a breach of contract or another agreement	29
between persons.	30

(G) "Volunteer" means an individual who provides any service	31
at a shelter for victims of domestic violence without the	32
expectation of receiving and without receiving any compensation or	33
other form of remuneration, either directly or indirectly, for the	34
provision of the service.	35

(H) "Shelter client" means a person who is a victim of	36
domestic violence and who is seeking to use or is using the	37
services or facilities of a shelter for victims of domestic	38
violence.	39

(I) "Victim advocate" means a person from a crime victim	40
service organization who provides support and assistance for a	41
victim of a crime during court proceedings and recovery efforts	42
related to the crime.	43

(J) "Crime victim service organization" means any	44
organization that is not organized for profit and that is	45
organized and operated to provide, or to contribute to the support	46
of organizations or institutions organized and operated to	47
provide, services and assistance for victims of crime.	48

Sec. 2305.237.  (A) Except as provided in division (B) of	49
this section and subject to section 2305.239 of the Revised Code,	50
a shelter for victims of domestic violence and a director, owner,	51
trustee, officer, employee, victim advocate, or volunteer of the	52
shelter are not liable in damages in a tort action for harm that a	53
shelter client or other person who is on the shelter's premises	54
allegedly sustains as a result of tortious conduct of a	55
perpetrator that is committed on the shelter's premises if the	56
perpetrator is not a director, owner, trustee, officer, employee,	57
victim advocate, or volunteer of the shelter and if any of the	58
following situations applies:	59

(1) The perpetrator illegally entered and illegally remained	60
on the premises at the time the perpetrator's tortious conduct	61
allegedly caused the harm sustained by a shelter client or other	62
person who is on the premises.	63

(2) The perpetrator legally entered the premises; a	64
director, owner, trustee, officer, employee, victim advocate, or	65
volunteer of the shelter instructed the perpetrator to leave the	66
premises, and took reasonable steps underthe circumstances to	67
cause the perpetrator to leave the premises, before the	68
perpetrator allegedly caused the harm sustained by a shelter	69
client or other person who is on the premises; and, despite those	70
reasonable steps, the perpetrator remained on the premises and	71
committed the tortious conduct that allegedly caused the harm	72
sustained by a shelter client or other person who is on the	73
premises.	74

(3) The perpetrator legally entered the premises; a	75
director, owner, trustee, officer, employee, victim advocate, or	76
volunteer of the shelter granted the perpetrator permission to	77
remain on the premises after taking either of the following	78
precautionary steps; and, despite taking either of those steps,	79
the perpetrator committed the tortious conduct that allegedly	80
caused the harm sustained by a shelter client or other person who	81
is on the premises:	82

(a) The director, owner, trustee, officer, employee, victim	83
advocate, or volunteer of the shelter asks a person entering the	84
premises whether the person is related by consanguinity or	85
affinity to or has resided with a shelter client; the person	86
responds that the person is not so related and has not so resided;	87
and the director, owner, trustee, officer, employee, victim	88
advocate, or volunteer, in exercising the reasonable judgment and	89
discretion of a prudent person under similar circumstances,	90
believes that the person is not so related and has not so resided.	91

(b) The director, owner, trustee, officer, employee, victim	92
advocate, or volunteer of the shelter asks a person entering the	93
premises whether the person is related by consanguinity or	94
affinity to or has resided with a shelter client; the person	95
responds that the person is so related or has so resided; and the	96
director, owner, trustee, officer, employee, victim advocate, or	97
volunteer, in exercising the reasonable judgment and discretion of	98
a prudent person under similar circumstances, determines that	99
granting the person permission to remain on the premises does not	100
appear to pose a threat of harm to a shelter client or other	101
person who is on the premises.	102

(B) The immunity from tort liability conferred by division	103
(A) of this section is not available to a shelter for victims of	104
domestic violence or a director, owner, trustee, officer,	105
employee, victim advocate, or volunteer of the shelter if the	106
plaintiff in a tort action establishes, by clear and convincing	107
evidence, that a director, owner, trustee, officer, employee,	108
victim advocate, or volunteer of the shelter contributed to the	109
harm sustained by a shelter client or other person who is on the	110
shelter's premises, by an action or omission that involved	111
malicious purpose, bad faith, or wanton or reckless conduct. For	112
purposes of this division, "reckless conduct" includes the release	113
of confidential information that pertains to a shelter client.	114

Sec. 2305.238.  (A) Except as provided in division (B) of	115
this section and subject to section 2305.239 of the Revised Code,	116
a shelter for victims of domestic violence and a director, owner,	117
trustee, officer, employee, victim advocate, or volunteer of the	118
shelter are not liable in damages in a tort action for harm that a	119
shelter client or other person who is on the premises allegedly	120
sustains as a result of tortious conduct of a perpetrator that is	121
committed on premises other than the shelter's premises if the	122
perpetrator is not a director, owner, trustee, officer, employee,	123
victim advocate, or volunteer of the shelter and if both of the	124
following apply when the harm is caused:	125

(1) A director, owner, trustee, officer, employee, victim	126
advocate, or volunteer of the shelter is providing assistance to a	127
shelter client, including, but not limited to, accompanying the	128
client to a health care practitioner's or attorney's office.	129

(2) The director, owner, trustee, officer, employee, victim	130
advocate, or volunteer of the shelter is engaged in the course of	131
that director's, owner's, trustee's, officer's, employee's, victim	132
advocate's, or volunteer's employment, official responsibilities,	133
or authorized services for the shelter.	134

(B) The immunity from tort liability conferred by division	135
(A) of this section is not available to a shelter for victims of	136
domestic violence or a director, owner, trustee, officer,	137
employee, victim advocate, or volunteer of the shelter if the	138
plaintiff in a tort action establishes, by clear and convincing	139
evidence, that a director, owner, trustee, officer, employee,	140
victim advocate, or volunteer of the shelter contributed to the	141
harm sustained by a shelter client or other person who is on the	142
premises, by an action or omission that involved malicious	143
purpose, bad faith, or wanton or reckless conduct. For purposes	144
of this division, "reckless conduct" includes the release of	145
confidential information that pertains to a shelter client.	146

Sec. 2305.239.  (A) Sections 2305.237 and 2305.238 of the	147
Revised Code do not create a new cause of action or substantive	148
legal right against a shelter for victims of domestic violence or	149
a director, owner, trustee, officer, employee, victim advocate,	150
or volunteer of the shelter.	151

(B) Sections 2305.237 and 2305.238 of the Revised Code do	152
not affect any immunities from civil liability or defenses	153
established under section 2305.234, 2744.02, or 2744.03 or another	154
section of the Revised Code or available at common law to which a	155
shelter for victims of domestic violence, a director, owner,	156
trustee, officer, employee, victim advocate, or volunteer of the	157
shelter, or a political subdivision associated with the shelter	158
may be entitled in connection with alleged tort liability of third	159
parties or in connection with circumstances not covered by section	160
2305.237 or 2305.238 of the Revised Code.	161

Section 2.  Sections 2305.236 to 2305.239 of the Revised	162
Code, as enacted by this act, apply only to causes of action for	163
harm that shelter clients or other persons allegedly sustain on or	164
after the effective date of this act on or off the premises of a	165
shelter for victims of domestic violence.	166