Sub. H. B. No. 141 As Reported by the House Judiciary Committee

Representatives Willamowski, Aslanides, Combs, McGregor, J., Seitz, Perry, Hartnett, Faber, Barrett, Taylor, Gilb, Hagan, Reidelbach, Schaffer

A BILL
To amend sections 149.43, 2921.24, 2921.25, and 1
4501.271 of the Revised Code to give prosecuting 2
attorneys, assistant prosecuting attorneys, and 3
certain correctional and youth services employees 4
the same options as peace officers with respect to 5
confidentiality of certain personal information. 6

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

       Section 1. That sections 149.43, 2921.24, 2921.25, and 7
4501.271 of the Revised Code be amended to read as follows: 8

       Sec. 149.43. (A) As used in this section: 9

       (1) "Public record" means records kept by any public office, 10
including, but not limited to, state, county, city, village, 11
township, and school district units, and records pertaining to the 12
delivery of educational services by an alternative school in Ohio 13
kept by a nonprofit or for profit entity operating such 14
alternative school pursuant to section 3313.533 of the Revised 15
Code. "Public record" does not mean any of the following: 16

       (a) Medical records; 17

       (b) Records pertaining to probation and parole proceedings or 18
to proceedings related to the imposition of community control 19
sanctions and post-release control sanctions; 20

       (c) Records pertaining to actions under section 2151.85 and 21
division (C) of section 2919.121 of the Revised Code and to 22
appeals of actions arising under those sections; 23

       (d) Records pertaining to adoption proceedings, including the 24
contents of an adoption file maintained by the department of 25
health under section 3705.12 of the Revised Code; 26

       (e) Information in a record contained in the putative father 27
registry established by section 3107.062 of the Revised Code, 28
regardless of whether the information is held by the department of 29
job and family services or, pursuant to section 3111.69 of the 30
Revised Code, the office of child support in the department or a 31
child support enforcement agency; 32

       (f) Records listed in division (A) of section 3107.42 of the 33
Revised Code or specified in division (A) of section 3107.52 of 34
the Revised Code; 35

       (g) Trial preparation records; 36

       (h) Confidential law enforcement investigatory records; 37

       (i) Records containing information that is confidential under 38
section 2710.03 or 4112.05 of the Revised Code; 39

       (j) DNA records stored in the DNA database pursuant to 40
section 109.573 of the Revised Code; 41

       (k) Inmate records released by the department of 42
rehabilitation and correction to the department of youth services 43
or a court of record pursuant to division (E) of section 5120.21 44
of the Revised Code; 45

       (l) Records maintained by the department of youth services 46
pertaining to children in its custody released by the department 47
of youth services to the department of rehabilitation and 48
correction pursuant to section 5139.05 of the Revised Code; 49

       (m) Intellectual property records; 50

       (n) Donor profile records; 51

       (o) Records maintained by the department of job and family 52
services pursuant to section 3121.894 of the Revised Code; 53

       (p) ~~Peace~~Information incidental to the employment of a peace 54
officer, prosecuting attorney, assistant prosecuting attorney, 55
correctional employee, youth services employee, firefighter, or 56
EMT ~~residential and familial information~~; 57

       (q) In the case of a county hospital operated pursuant to 58
Chapter 339. of the Revised Code or a municipal hospital operated 59
pursuant to Chapter 749. of the Revised Code, information that 60
constitutes a trade secret, as defined in section 1333.61 of the 61
Revised Code; 62

       (r) Information pertaining to the recreational activities of 63
a person under the age of eighteen; 64

       (s) Records provided to, statements made by review board 65
members during meetings of, and all work products of a child 66
fatality review board acting under sections 307.621 to 307.629 of 67
the Revised Code, other than the report prepared pursuant to 68
section 307.626 of the Revised Code; 69

       (t) Records provided to and statements made by the executive 70
director of a public children services agency or a prosecuting 71
attorney acting pursuant to section 5153.171 of the Revised Code 72
other than the information released under that section; 73

       (u) Test materials, examinations, or evaluation tools used in 74
an examination for licensure as a nursing home administrator that 75
the board of examiners of nursing home administrators administers 76
under section 4751.04 of the Revised Code or contracts under that 77
section with a private or government entity to administer; 78

       (v) Records the release of which is prohibited by state or 79
federal law; 80

       (w) Proprietary information of or relating to any person that 81
is submitted to or compiled by the Ohio venture capital authority 82
created under section 150.01 of the Revised Code; 83

       (x) Information reported and evaluations conducted pursuant 84
to section 3701.072 of the Revised Code; 85

       (y) Financial statements and data any person submits for any 86
purpose to the Ohio housing finance agency or the controlling 87
board in connection with applying for, receiving, or accounting 88
for financial assistance from the agency, and information that 89
identifies any individual who benefits directly or indirectly from 90
financial assistance from the agency. 91

       (2) "Confidential law enforcement investigatory record" means 92
any record that pertains to a law enforcement matter of a 93
criminal, quasi-criminal, civil, or administrative nature, but 94
only to the extent that the release of the record would create a 95
high probability of disclosure of any of the following: 96

       (a) The identity of a suspect who has not been charged with 97
the offense to which the record pertains, or of an information 98
source or witness to whom confidentiality has been reasonably 99
promised; 100

       (b) Information provided by an information source or witness 101
to whom confidentiality has been reasonably promised, which 102
information would reasonably tend to disclose the source's or 103
witness's identity; 104

       (c) Specific confidential investigatory techniques or 105
procedures or specific investigatory work product; 106

       (d) Information that would endanger the life or physical 107
safety of law enforcement personnel, a crime victim, a witness, or 108
a confidential information source. 109

       (3) "Medical record" means any document or combination of 110
documents, except births, deaths, and the fact of admission to or 111
discharge from a hospital, that pertains to the medical history, 112
diagnosis, prognosis, or medical condition of a patient and that 113
is generated and maintained in the process of medical treatment. 114

       (4) "Trial preparation record" means any record that contains 115
information that is specifically compiled in reasonable 116
anticipation of, or in defense of, a civil or criminal action or 117
proceeding, including the independent thought processes and 118
personal trial preparation of an attorney. 119

       (5) "Intellectual property record" means a record, other than 120
a financial or administrative record, that is produced or 121
collected by or for faculty or staff of a state institution of 122
higher learning in the conduct of or as a result of study or 123
research on an educational, commercial, scientific, artistic, 124
technical, or scholarly issue, regardless of whether the study or 125
research was sponsored by the institution alone or in conjunction 126
with a governmental body or private concern, and that has not been 127
publicly released, published, or patented. 128

       (6) "Donor profile record" means all records about donors or 129
potential donors to a public institution of higher education 130
except the names and reported addresses of the actual donors and 131
the date, amount, and conditions of the actual donation. 132

       (7) ~~"Peace~~(a) Except as otherwise provided in division 133
(A)(7)(b) of this section, "information incidental to the 134
employment of a peace officer, prosecuting attorney, assistant 135
prosecuting attorney, correctional employee, youth services 136
employee, firefighter, or EMT ~~residential and familial~~ 137
~~information~~" means ~~either of the following:~~ 138

       ~~(a) Any~~any information ~~maintained in a personnel record of~~ 139
that discloses any of the following about a peace officer, 140
prosecuting attorney, assistant prosecuting attorney, correctional 141
employee, youth services employee, firefighter, or EMT ~~that~~ 142
~~discloses any of the following~~: 143

       (i) The address of the actual personal residence of a peace 144
officer, assistant prosecuting attorney, correctional employee, 145
youth services employee, firefighter, or EMT, except for the state 146
or political subdivision in which the peace officer, assistant 147
prosecuting attorney, correctional employee, youth services 148
employee, firefighter, or EMT resides; 149

       (ii) Information compiled from referral to or participation 150
in an employee assistance program; 151

       (iii) The social security number, the residential telephone 152
number, any bank account, debit card, charge card, or credit card 153
number, or the emergency telephone number of, or any medical 154
information pertaining to, a peace officer, prosecuting attorney, 155
assistant prosecuting attorney, correctional employee, youth 156
services employee, firefighter, or EMT; 157

       (iv) The name of any beneficiary of employment benefits, 158
including, but not limited to, life insurance benefits, provided 159
to a peace officer, prosecuting attorney, assistant prosecuting 160
attorney, correctional employee, youth services employee, 161
firefighter, or EMT by the peace officer's, prosecuting 162
attorney's, assistant prosecuting attorney's, correctional 163
employee's, youth services employee's, firefighter's, or EMT's 164
employer; 165

       (v) The identity and amount of any charitable or employment 166
benefit deduction made by the peace officer's, prosecuting 167
attorney's, assistant prosecuting attorney's, correctional 168
employee's, youth services employee's, firefighter's, or EMT's 169
employer from the peace officer's, prosecuting attorney's, 170
assistant prosecuting attorney's, correctional employee's, youth 171
services employee's, firefighter's, or EMT's compensation unless 172
the amount of the deduction is required by state or federal law; 173

       (vi) The name, the residential address, the name of the 174
employer, the address of the employer, the social security number, 175
the residential telephone number, any bank account, debit card, 176
charge card, or credit card number, or the emergency telephone 177
number of the spouse, a former spouse, or any child of a peace 178
officer, prosecuting attorney, assistant prosecuting attorney, 179
correctional employee, youth services employee, firefighter, or 180
EMT. 181

       (b) ~~Any record that identifies a person's occupation as~~ 182
Information incidental to the employment of a peace officer, 183
prosecuting attorney, assistant prosecuting attorney, correctional 184
employee, youth services employee, firefighter, or EMT ~~other than~~ 185
~~statements required to~~does not include ~~the disclosure of that~~ 186
~~fact under the campaign finance law~~information contained in 187
records filed in court. 188

       As used in divisions (A)(7) and (B)(5) of this section, 189
"peace officer" has the same meaning as in section 109.71 of the 190
Revised Code and also includes the superintendent and troopers of 191
the state highway patrol; it does not include the sheriff of a 192
county or a supervisory employee who, in the absence of the 193
sheriff, is authorized to stand in for, exercise the authority of, 194
and perform the duties of the sheriff. 195

       As used in divisions (A)(7) and (B)(5) of this section, 196
"correctional employee" means any employee of the department of 197
rehabilitation and correction who in the course of performing the 198
employee's job duties has or has had contact with inmates and 199
persons under supervision. 200

        As used in divisions (A)(7) and (B)(5) of this section, 201
"youth services employee" means any employee of the department of 202
youth services who in the course of performing the employee's job 203
duties has or has had contact with children committed to the 204
custody of the department of youth services. 205

       As used in divisions (A)(7) and (B)(5) of this section, 206
"firefighter" means any regular, paid or volunteer, member of a 207
lawfully constituted fire department of a municipal corporation, 208
township, fire district, or village. 209

       As used in divisions (A)(7) and (B)(5) of this section, "EMT" 210
means EMTs-basic, EMTs-I, and paramedics that provide emergency 211
medical services for a public emergency medical service 212
organization. "Emergency medical service organization," 213
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in 214
section 4765.01 of the Revised Code. 215

       (8) "Information pertaining to the recreational activities of 216
a person under the age of eighteen" means information that is kept 217
in the ordinary course of business by a public office, that 218
pertains to the recreational activities of a person under the age 219
of eighteen years, and that discloses any of the following: 220

       (a) The address or telephone number of a person under the age 221
of eighteen or the address or telephone number of that person's 222
parent, guardian, custodian, or emergency contact person; 223

       (b) The social security number, birth date, or photographic 224
image of a person under the age of eighteen; 225

       (c) Any medical record, history, or information pertaining to 226
a person under the age of eighteen; 227

       (d) Any additional information sought or required about a 228
person under the age of eighteen for the purpose of allowing that 229
person to participate in any recreational activity conducted or 230
sponsored by a public office or to use or obtain admission 231
privileges to any recreational facility owned or operated by a 232
public office. 233

       (9) "Community control sanction" has the same meaning as in 234
section 2929.01 of the Revised Code. 235

       (10) "Post-release control sanction" has the same meaning as 236
in section 2967.01 of the Revised Code. 237

       (B)(1) Subject to division (B)(4) of this section, all public 238
records shall be promptly prepared and made available for 239
inspection to any person at all reasonable times during regular 240
business hours. Subject to division (B)(4) of this section, upon 241
request, a public office or person responsible for public records 242
shall make copies available at cost, within a reasonable period of 243
time. In order to facilitate broader access to public records, 244
public offices shall maintain public records in a manner that they 245
can be made available for inspection in accordance with this 246
division. 247

       (2) If any person chooses to obtain a copy of a public record 248
in accordance with division (B)(1) of this section, the public 249
office or person responsible for the public record shall permit 250
that person to choose to have the public record duplicated upon 251
paper, upon the same medium upon which the public office or person 252
responsible for the public record keeps it, or upon any other 253
medium upon which the public office or person responsible for the 254
public record determines that it reasonably can be duplicated as 255
an integral part of the normal operations of the public office or 256
person responsible for the public record. When the person seeking 257
the copy makes a choice under this division, the public office or 258
person responsible for the public record shall provide a copy of 259
it in accordance with the choice made by the person seeking the 260
copy. 261

       (3) Upon a request made in accordance with division (B)(1) of 262
this section, a public office or person responsible for public 263
records shall transmit a copy of a public record to any person by 264
United States mail within a reasonable period of time after 265
receiving the request for the copy. The public office or person 266
responsible for the public record may require the person making 267
the request to pay in advance the cost of postage and other 268
supplies used in the mailing. 269

       Any public office may adopt a policy and procedures that it 270
will follow in transmitting, within a reasonable period of time 271
after receiving a request, copies of public records by United 272
States mail pursuant to this division. A public office that adopts 273
a policy and procedures under this division shall comply with them 274
in performing its duties under this division. 275

       In any policy and procedures adopted under this division, a 276
public office may limit the number of records requested by a 277
person that the office will transmit by United States mail to ten 278
per month, unless the person certifies to the office in writing 279
that the person does not intend to use or forward the requested 280
records, or the information contained in them, for commercial 281
purposes. For purposes of this division, "commercial" shall be 282
narrowly construed and does not include reporting or gathering 283
news, reporting or gathering information to assist citizen 284
oversight or understanding of the operation or activities of 285
government, or nonprofit educational research. 286

       (4) A public office or person responsible for public records 287
is not required to permit a person who is incarcerated pursuant to 288
a criminal conviction or a juvenile adjudication to inspect or to 289
obtain a copy of any public record concerning a criminal 290
investigation or prosecution or concerning what would be a 291
criminal investigation or prosecution if the subject of the 292
investigation or prosecution were an adult, unless the request to 293
inspect or to obtain a copy of the record is for the purpose of 294
acquiring information that is subject to release as a public 295
record under this section and the judge who imposed the sentence 296
or made the adjudication with respect to the person, or the 297
judge's successor in office, finds that the information sought in 298
the public record is necessary to support what appears to be a 299
justiciable claim of the person. 300

       (5) Upon written request made and signed by a journalist on 301
or after December 16, 1999, a public office, or person responsible 302
for public records, having custody of the records of the agency 303
employing a specified peace officer, prosecuting attorney, 304
assistant prosecuting attorney, correctional employee, youth 305
services employee, firefighter, or EMT shall disclose to the 306
journalist the address of the actual personal residence of the 307
peace officer, prosecuting attorney, assistant prosecuting 308
attorney, correctional employee, youth services employee, 309
firefighter, or EMT and, if the peace officer's, prosecuting 310
attorney's, assistant prosecuting attorney's, correctional 311
employee's, youth services employee's, firefighter's, or EMT's 312
spouse, former spouse, or child is employed by a public office, 313
the name and address of the employer of the peace officer's, 314
prosecuting attorney's, assistant prosecuting attorney's, 315
correctional employee's, youth services employee's, firefighter's, 316
or EMT's spouse, former spouse, or child. The request shall 317
include the journalist's name and title and the name and address 318
of the journalist's employer and shall state that disclosure of 319
the information sought would be in the public interest. 320

       As used in division (B)(5) of this section, "journalist" 321
means a person engaged in, connected with, or employed by any news 322
medium, including a newspaper, magazine, press association, news 323
agency, or wire service, a radio or television station, or a 324
similar medium, for the purpose of gathering, processing, 325
transmitting, compiling, editing, or disseminating information for 326
the general public. 327

       (C) If a person allegedly is aggrieved by the failure of a 328
public office to promptly prepare a public record and to make it 329
available to the person for inspection in accordance with division 330
(B) of this section, or if a person who has requested a copy of a 331
public record allegedly is aggrieved by the failure of a public 332
office or the person responsible for the public record to make a 333
copy available to the person allegedly aggrieved in accordance 334
with division (B) of this section, the person allegedly aggrieved 335
may commence a mandamus action to obtain a judgment that orders 336
the public office or the person responsible for the public record 337
to comply with division (B) of this section and that awards 338
reasonable attorney's fees to the person that instituted the 339
mandamus action. The mandamus action may be commenced in the court 340
of common pleas of the county in which division (B) of this 341
section allegedly was not complied with, in the supreme court 342
pursuant to its original jurisdiction under Section 2 of Article 343
IV, Ohio Constitution, or in the court of appeals for the 344
appellate district in which division (B) of this section allegedly 345
was not complied with pursuant to its original jurisdiction under 346
Section 3 of Article IV, Ohio Constitution. 347

       (D) Chapter 1347. of the Revised Code does not limit the 348
provisions of this section. 349

       (E)(1) The bureau of motor vehicles may adopt rules pursuant 350
to Chapter 119. of the Revised Code to reasonably limit the number 351
of bulk commercial special extraction requests made by a person 352
for the same records or for updated records during a calendar 353
year. The rules may include provisions for charges to be made for 354
bulk commercial special extraction requests for the actual cost of 355
the bureau, plus special extraction costs, plus ten per cent. The 356
bureau may charge for expenses for redacting information, the 357
release of which is prohibited by law. 358

       (2) As used in divisions (B)(3) and (E)(1) of this section: 359

       (a) "Actual cost" means the cost of depleted supplies, 360
records storage media costs, actual mailing and alternative 361
delivery costs, or other transmitting costs, and any direct 362
equipment operating and maintenance costs, including actual costs 363
paid to private contractors for copying services. 364

       (b) "Bulk commercial special extraction request" means a 365
request for copies of a record for information in a format other 366
than the format already available, or information that cannot be 367
extracted without examination of all items in a records series, 368
class of records, or data base by a person who intends to use or 369
forward the copies for surveys, marketing, solicitation, or resale 370
for commercial purposes. "Bulk commercial special extraction 371
request" does not include a request by a person who gives 372
assurance to the bureau that the person making the request does 373
not intend to use or forward the requested copies for surveys, 374
marketing, solicitation, or resale for commercial purposes. 375

       (c) "Commercial" means profit-seeking production, buying, or 376
selling of any good, service, or other product. 377

       (d) "Special extraction costs" means the cost of the time 378
spent by the lowest paid employee competent to perform the task, 379
the actual amount paid to outside private contractors employed by 380
the bureau, or the actual cost incurred to create computer 381
programs to make the special extraction. "Special extraction 382
costs" include any charges paid to a public agency for computer or 383
records services. 384

       (3) For purposes of divisions (E)(1) and (2) of this section, 385
"commercial surveys, marketing, solicitation, or resale" shall be 386
narrowly construed and does not include reporting or gathering 387
news, reporting or gathering information to assist citizen 388
oversight or understanding of the operation or activities of 389
government, or nonprofit educational research. 390

       Sec. 2921.24. (A) No officer or employee of a law 391
enforcement agency or court, or of the office of the clerk of any 392
court, shall disclose during the pendency of any criminal case the 393
home address of any peace officer~~, as defined in section 2935.01~~ 394
~~of the Revised Code~~, correctional employee, or youth services 395
employee who is a witness or arresting officer in the case. 396

       (B) Division (A) of this section does not prohibit a peace 397
officer, correctional employee, or youth services employee from 398
disclosing ~~his~~the officer's or employee's own home address, and 399
does not apply to any person who discloses the home address of a 400
peace officer, correctional employee, or youth services employee 401
pursuant to a court-ordered disclosure under division (C) of this 402
section. 403

       (C) The court in which any criminal case is pending may order 404
the disclosure of the home address of any peace officer, 405
correctional employee, or youth services employee who is a witness 406
or arresting officer in the case, if the court determines after a 407
written request for the disclosure that good cause exists for 408
disclosing the home address of the ~~peace~~ officer or employee. 409

       (D) Whoever violates division (A) of this section is guilty 410
of disclosure of confidential information, a misdemeanor of the 411
fourth degree. 412

       (E) As used in this section: 413

       (1) "Peace officer" has the same meaning as in section 414
2935.01 of the Revised Code. 415

       (2) "Correctional employee" and "youth services employee" 416
have the same meanings as in section 149.43 of the Revised Code. 417

       Sec. 2921.25. (A) No judge of a court of record, or mayor 418
presiding over a mayor's court, shall order a peace officer~~, as~~ 419
~~defined in section 2935.01 of the Revised Code~~, correctional 420
employee, or youth services employee who is a witness in a 421
criminal case, to disclose ~~his~~the officer's or employee's home 422
address during ~~his~~the officer's or employee's examination in the 423
case, unless the judge or mayor determines that the defendant has 424
a right to the disclosure. 425

       (B) As used in this section: 426

       (1) "Peace officer" has the same meaning as in section 427
2935.01 of the Revised Code. 428

       (2) "Correctional employee" and "youth services employee" 429
have the same meanings as in section 149.43 of the Revised Code. 430

       Sec. 4501.271. (A)(1) A peace officer, correctional 431
employee, or youth services employee may file a written request 432
with the bureau of motor vehicles to do either or both of the 433
following: 434

       (a) Prohibit disclosure of the ~~peace~~ officer's or employee's 435
residence address as contained in motor vehicle records of the 436
bureau; 437

       (b) Provide a business address to be displayed on the ~~peace~~ 438
officer's or employee's driver's license or certificate of 439
registration, or both. 440

       (2) The ~~peace~~ officer or employee shall file the request 441
described in division (A)(1) of this section on a form provided by 442
the registrar of motor vehicles and shall provide any documentary 443
evidence verifying the person's status as a peace officer, 444
correctional employee, or youth services employee and the 445
officer's or employee's business address that the registrar 446
requires pursuant to division (G) of this section. 447

       (B)(1) Except as provided in division (C) of this section, if 448
a peace officer, correctional employee, or youth services employee 449
has filed a request under division (A) of this section, neither 450
the registrar nor an employee or contractor of the bureau of motor 451
vehicles shall knowingly disclose the residence address of the 452
~~peace~~ officer or employee that the bureau obtained in connection 453
with a motor vehicle record. 454

       (2) In accordance with section 149.43 of the Revised Code, 455
the registrar or an employee or contractor of the bureau shall 456
make available for inspection or copying a motor vehicle record of 457
a peace officer, correctional employee, or youth services employee 458
who has filed a request under division (A) of this section if the 459
record is a public record under that section, but shall obliterate 460
the residence address of the ~~peace~~ officer or employee from the 461
record before making the record available for inspection or 462
copying. The business address of the ~~peace~~ officer or employee may 463
be made available in response to a valid request under section 464
149.43 of the Revised Code. 465

       (C) Notwithstanding division (B)(2) of section 4501.27 of the 466
Revised Code, the registrar or an employee or contractor of the 467
bureau may disclose the residence address of a peace officer, 468
correctional employee, or youth services employee who files a 469
request under division (A) of this section only in accordance with 470
division (B)(1) of section 4501.27 of the Revised Code or pursuant 471
to a court order. 472

       (D) If a peace officer, correctional employee, or youth 473
services employee files a request under division (A)(1)(b) of this 474
section, the officer shall still provide a residence address in 475
any application for a driver's license or license renewal and in 476
any application for a motor vehicle registration or registration 477
renewal. In accordance with sections 4503.101 and 4507.09 of the 478
Revised Code, an officer or employee shall notify the registrar of 479
any change in the officer's or employee's residence within ten 480
days after the change occurs. 481

       (E) A certificate of registration issued to a peace officer, 482
correctional employee, or youth services employee who files a 483
request under division (A)(1)(b) of this section shall display the 484
business address of the officer. Notwithstanding section 4507.13 485
of the Revised Code, a driver's license issued to ~~a peace~~an 486
officer or employee who files a request under division (A)(1)(b) 487
of this section shall display the business address of the officer 488
or employee. 489

       (F) The registrar may utilize the residence address of a 490
peace officer, correctional employee, or youth services employee 491
who files a request under division (A)(1)(b) of this section in 492
carrying out the functions of the bureau of motor vehicles, 493
including determining the district of registration for any 494
applicable motor vehicle tax levied under Chapter 4504. of the 495
Revised Code, determining whether tailpipe emissions inspections 496
are required, and financial responsibility verification. 497

       (G) The registrar shall adopt rules governing a request for 498
confidentiality of a peace officer's, correctional employee's, or 499
youth services employee's residence address or use of a business 500
address, including the documentary evidence required to verify the 501
person's status as a peace officer, correctional employee, or 502
youth services employee, the length of time that the request will 503
be valid, procedures for ensuring that the bureau of motor 504
vehicles receives notice of any change in a person's status as a 505
peace officer, correctional employee, or youth services employee, 506
and any other procedures the registrar considers necessary. The 507
rules of the registrar may require ~~a peace~~an officer or employee 508
to surrender any certificate of registration and any driver's 509
license bearing the business address of the officer or employee 510
and, upon payment of any applicable fees, to receive a certificate 511
of registration and license bearing the officer's or employee's 512
residence address, whenever the officer or employee no longer is 513
associated with that business address. 514

       (H) As used in this section: 515

       (1) "Motor vehicle record" has the same meaning as in section 516
4501.27 of the Revised Code. 517

       (2) "Peace officer" means those persons described in division 518
(A)(1), (2), (4), (5), (6), (9), (10), (12), or (13) of section 519
109.71 of the Revised Code, the house sergeant at arms appointed 520
under division (B)(1) of section 101.311 of the Revised Code, and 521
any assistant sergeant at arms appointed under division (C)(1) of 522
section 101.311 of the Revised Code. "Peace officer" includes 523
state highway patrol troopers but does not include the sheriff of 524
a county or a supervisory employee who, in the absence of the 525
sheriff, is authorized to stand in for, exercise the authority of, 526
and perform the duties of the sheriff. 527

       (3) "Correctional employee" and "youth services employee" 528
have the same meanings as in section 149.43 of the Revised Code. 529

       Section 2. That existing sections 149.43, 2921.24, 2921.25, 530
and 4501.271 of the Revised Code are hereby repealed. 531

       Section 3. Section 149.43 of the Revised Code is presented 532
in this act as a composite of the section as amended by Am. Sub. 533
H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of the 125th 534
General Assembly. The General Assembly, applying the principle 535
stated in division (B) of section 1.52 of the Revised Code that 536
amendments are to be harmonized if reasonably capable of 537
simultaneous operation, finds that the composite is the resulting 538
version of the section in effect prior to the effective date of 539
the section as presented in this act. 540

Section 1. That sections 149.43, 2921.24, 2921.25, and	7
4501.271 of the Revised Code be amended to read as follows:	8

(1) "Public record" means records kept by any public office,	10
including, but not limited to, state, county, city, village,	11
township, and school district units, and records pertaining to the	12
delivery of educational services by an alternative school in Ohio	13
kept by a nonprofit or for profit entity operating such	14
alternative school pursuant to section 3313.533 of the Revised	15
Code. "Public record" does not mean any of the following:	16

(b) Records pertaining to probation and parole proceedings or	18
to proceedings related to the imposition of community control	19
sanctions and post-release control sanctions;	20

(c) Records pertaining to actions under section 2151.85 and	21
division (C) of section 2919.121 of the Revised Code and to	22
appeals of actions arising under those sections;	23

(d) Records pertaining to adoption proceedings, including the	24
contents of an adoption file maintained by the department of	25
health under section 3705.12 of the Revised Code;	26

(e) Information in a record contained in the putative father	27
registry established by section 3107.062 of the Revised Code,	28
regardless of whether the information is held by the department of	29
job and family services or, pursuant to section 3111.69 of the	30
Revised Code, the office of child support in the department or a	31
child support enforcement agency;	32

(f) Records listed in division (A) of section 3107.42 of the	33
Revised Code or specified in division (A) of section 3107.52 of	34
the Revised Code;	35

(i) Records containing information that is confidential under	38
section 2710.03 or 4112.05 of the Revised Code;	39

(j) DNA records stored in the DNA database pursuant to	40
section 109.573 of the Revised Code;	41

(k) Inmate records released by the department of	42
rehabilitation and correction to the department of youth services	43
or a court of record pursuant to division (E) of section 5120.21	44
of the Revised Code;	45

(l) Records maintained by the department of youth services	46
pertaining to children in its custody released by the department	47
of youth services to the department of rehabilitation and	48
correction pursuant to section 5139.05 of the Revised Code;	49

(o) Records maintained by the department of job and family	52
services pursuant to section 3121.894 of the Revised Code;	53

(p) ~~Peace~~Information incidental to the employment of a peace	54
officer, prosecuting attorney, assistant prosecuting attorney,	55
correctional employee, youth services employee, firefighter, or	56
EMT ~~residential and familial information~~;	57

(q) In the case of a county hospital operated pursuant to	58
Chapter 339. of the Revised Code or a municipal hospital operated	59
pursuant to Chapter 749. of the Revised Code, information that	60
constitutes a trade secret, as defined in section 1333.61 of the	61
Revised Code;	62

(r) Information pertaining to the recreational activities of	63
a person under the age of eighteen;	64

(s) Records provided to, statements made by review board	65
members during meetings of, and all work products of a child	66
fatality review board acting under sections 307.621 to 307.629 of	67
the Revised Code, other than the report prepared pursuant to	68
section 307.626 of the Revised Code;	69

(t) Records provided to and statements made by the executive	70
director of a public children services agency or a prosecuting	71
attorney acting pursuant to section 5153.171 of the Revised Code	72
other than the information released under that section;	73

(u) Test materials, examinations, or evaluation tools used in	74
an examination for licensure as a nursing home administrator that	75
the board of examiners of nursing home administrators administers	76
under section 4751.04 of the Revised Code or contracts under that	77
section with a private or government entity to administer;	78

(v) Records the release of which is prohibited by state or	79
federal law;	80

(w) Proprietary information of or relating to any person that	81
is submitted to or compiled by the Ohio venture capital authority	82
created under section 150.01 of the Revised Code;	83

(x) Information reported and evaluations conducted pursuant	84
to section 3701.072 of the Revised Code;	85

(y) Financial statements and data any person submits for any	86
purpose to the Ohio housing finance agency or the controlling	87
board in connection with applying for, receiving, or accounting	88
for financial assistance from the agency, and information that	89
identifies any individual who benefits directly or indirectly from	90
financial assistance from the agency.	91

(2) "Confidential law enforcement investigatory record" means	92
any record that pertains to a law enforcement matter of a	93
criminal, quasi-criminal, civil, or administrative nature, but	94
only to the extent that the release of the record would create a	95
high probability of disclosure of any of the following:	96

(a) The identity of a suspect who has not been charged with	97
the offense to which the record pertains, or of an information	98
source or witness to whom confidentiality has been reasonably	99
promised;	100

(b) Information provided by an information source or witness	101
to whom confidentiality has been reasonably promised, which	102
information would reasonably tend to disclose the source's or	103
witness's identity;	104

(c) Specific confidential investigatory techniques or	105
procedures or specific investigatory work product;	106

(d) Information that would endanger the life or physical	107
safety of law enforcement personnel, a crime victim, a witness, or	108
a confidential information source.	109

(3) "Medical record" means any document or combination of	110
documents, except births, deaths, and the fact of admission to or	111
discharge from a hospital, that pertains to the medical history,	112
diagnosis, prognosis, or medical condition of a patient and that	113
is generated and maintained in the process of medical treatment.	114

(4) "Trial preparation record" means any record that contains	115
information that is specifically compiled in reasonable	116
anticipation of, or in defense of, a civil or criminal action or	117
proceeding, including the independent thought processes and	118
personal trial preparation of an attorney.	119

(5) "Intellectual property record" means a record, other than	120
a financial or administrative record, that is produced or	121
collected by or for faculty or staff of a state institution of	122
higher learning in the conduct of or as a result of study or	123
research on an educational, commercial, scientific, artistic,	124
technical, or scholarly issue, regardless of whether the study or	125
research was sponsored by the institution alone or in conjunction	126
with a governmental body or private concern, and that has not been	127
publicly released, published, or patented.	128