SENATORS Austria, Spada, Robert Gardner, White, Furney, McLin, Mumper, Amstutz, Armbruster, Blessing, Carnes, DiDonato, Espy, Fingerhut, Randy Gardner, Hagan, Harris, Jacobson, Mallory, Nein, Oelslager, Prentiss, Ryan, Shoemaker

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, and volunteers for

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harm that family or household members cause to

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victims of domestic violence on the shelter's

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premises, or on premises other than the shelter's

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premises, under 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	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.

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

(C) "Perpetrator" means a person who allegedly has committed	18
domestic violence and who bears one of the relationships specified	19
in division (B) of section 3113.33 of the Revised Code to a victim	20
of domestic violence who is a shelter client.	21

(D) "Harm" means injury, death, or loss to person or	22
property.	23

(E) "Political subdivision" has the same meaning as in	24
section 2744.01 of the Revised Code.	25

(F) "Tort action" means a civil action for damages for	26
injury, death, or loss to person or property other than a civil	27
action for damages for a breach of contract or another agreement	28
between persons.	29

(G) "Volunteer" means an individual who provides any service	30
at a shelter for victims of domestic violence without the	31
expectation of receiving and without receiving any compensation or	32
other form of remuneration, either directly or indirectly, for the	33
provision of the service.	34

(H) "Shelter client" means a person who is a victim of	35
domestic violence and who is seeking to use or using the services	36
or facilities of a shelter for victims of domestic violence.	37

Sec. 2305.237.  (A) Except as provided in division (B) of	38
this section and subject to section 2305.239 of the Revised Code,	39
a shelter for victims of domestic violence and a director, owner,	40
trustee, officer, employee, or volunteer of the shelter are not	41
liable in damages in a tort action for harm that a shelter client	42
allegedly sustains as a result of tortious conduct of a	43
perpetrator that is committed on the shelter's premises if the	44
perpetrator is not a director, owner, trustee, officer, employee,	45
or volunteer of the shelter and if any of the following situations	46
applies:	47

(1) The perpetrator illegally entered and illegally remained	48
on the premises at the time the perpetrator's tortious conduct	49
allegedly caused the harm sustained by a shelter client.	50

(2) The perpetrator legally entered the premises; a	51
director, owner, trustee, officer, employee, or volunteer of the	52
shelter instructed the perpetrator to leave the premises, and	53
took reasonable steps underthe circumstances to cause the	54
perpetrator to leave the premises, before the perpetrator	55
allegedly caused the harm sustained by a shelter client; and,	56
despite those reasonable steps, the perpetrator remained on the	57
premises and committed the tortious conduct that allegedly caused	58
the harm sustained by a shelter client.	59

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

(a) The director, owner, trustee, officer, employee, or	67
volunteer of the shelter asks a person entering the premises	68
whether the person is related by consanguinity or affinity to or	69
has resided with a shelter client; the person responds that the	70
person is not so related and has not so resided; and the director,	71
owner, trustee, officer, employee, or volunteer, in exercising the	72
reasonable judgment and discretion of a prudent person under	73
similar circumstances, believes that the person is not so related	74
and has not so resided.	75

(b) The director, owner, trustee, officer, employee, or	76
volunteer of the shelter asks a person entering the premises	77
whether the person is related by consanguinity or affinity to or	78
has resided with a shelter client; the person responds that the	79
person is so related or has so resided; and the director, owner,	80
trustee, officer, employee, or volunteer, in exercising the	81
reasonable judgment and discretion of a prudent person under	82
similar circumstances, determines that granting the person	83
permission to remain on the premises does not appear to pose a	84
threat of harm to a shelter client.	85

(B) The immunity from tort liability conferred by division	86
(A) of this section is not available to a shelter for victims of	87
domestic violence or a director, owner, trustee, officer,	88
employee, or volunteer of the shelter if the plaintiff in a tort	89
action establishes, by clear and convincing evidence, that a	90
director, owner, trustee, officer, employee, or volunteer of the	91
shelter contributed to the harm sustained by a shelter client, by	92
an action or omission that involved malicious purpose, bad faith,	93
or wanton or reckless conduct. For purposes of this division,	94
"reckless conduct" includes the release of confidential	95
information that pertains to a shelter client.	96

Sec. 2305.238.  (A) Except as provided in division (B) of	97
this section and subject to section 2305.239 of the Revised Code,	98
a shelter for victims of domestic violence and a director, owner,	99
trustee, officer, employee, or volunteer of the shelter are not	100
liable in damages in a tort action for harm that a shelter client	101
allegedly sustains as a result of tortious conduct of a	102
perpetrator that is committed on premises other than the shelter's	103
premises if the perpetrator is not a director, owner, trustee,	104
officer, employee, or volunteer of the shelter and if both of the	105
following apply when the harm is caused:	106

(1) A director, owner, trustee, officer, employee, or	107
volunteer of the shelter is providing assistance to a shelter	108
client, including, but not limited to, accompanying the client to	109
a health care practitioner's or attorney's office.	110

(2) The director, owner, trustee, officer, employee, or	111
volunteer of the shelter is engaged in the course of that	112
director's, owner's, trustee's, officer's, employee's, or	113
volunteer's employment, official responsibilities, or authorized	114
services for the shelter.	115

(B) The immunity from tort liability conferred by division	116
(A) of this section is not available to a shelter for victims of	117
domestic violence or a director, owner, trustee, officer,	118
employee, or volunteer of the shelter if the plaintiff in a tort	119
action establishes, by clear and convincing evidence, that a	120
director, owner, trustee, officer, employee, or volunteer of the	121
shelter contributed to the harm sustained by a shelter client, by	122
an action or omission that involved malicious purpose, bad faith,	123
or wanton or reckless conduct. For purposes of this division,	124
"reckless conduct" includes the release of confidential	125
information that pertains to a shelter client.	126

Sec. 2305.239.  (A) Sections 2305.237 and 2305.238 of the	127
Revised Code do not create a new cause of action or substantive	128
legal right against a shelter for victims of domestic violence or	129
a director, owner, trustee, officer, employee, or volunteer of	130
the shelter.	131

(B) Sections 2305.237 and 2305.238 of the Revised Code do	132
not affect any immunities from civil liability or defenses	133
established under section 2305.234, 2744.02, or 2744.03 or another	134
section of the Revised Code or available at common law to which a	135
shelter for victims of domestic violence, a director, owner,	136
trustee, officer, employee, or volunteer of the shelter, or a	137
political subdivision associated with the shelter may be entitled	138
in connection with alleged tort liability of third parties or in	139
connection with circumstances not covered by section 2305.237 or	140
2305.238 of the Revised Code.	141

Section 2.  Sections 2305.236 to 2305.239 of the Revised	142
Code, as enacted by this act, apply only to causes of action for	143
harm that shelter clients allegedly sustain on or after the	144
effective date of this act on or off the premises of a shelter for	145
victims of domestic violence.	146