As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 17

Senators Spada, Jacobson, Fedor, Clancy, Dann, Mallory, Zurz, Armbruster, Cates, Gardner, Hagan, Harris, Hottinger, Miller, Mumper, Padgett, Prentiss, Roberts 

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A BILL

To amend sections 2151.03, 2151.281, 2151.421,

1

2151.99, 2305.10, 2305.111, 2305.115, 2317.02,

2

2901.13, 2907.03, and 5120.173 of the Revised Code

3

to require a member of the clergy, rabbi, priest,

4

minister, or any person or layperson, other than a

5

volunteer, acting as a leader, official, delegate,

6

or other designated function on behalf of any

7

church, religious society, or faith to report the

8

known or reasonably suspected abuse or neglect of

9

a child by any other member of the clergy, rabbi,

10

priest, minister, or person or layperson, other

11

than a volunteer, so acting on behalf of any

12

church, religious society, or faith; to toll the

13

criminal statute of limitations for violations

14

involving abuse or neglect of a child if certain

15

individuals fail to report the abuse or neglect of

16

the child; to provide a 20-year statute of

17

limitations for civil assault or battery actions

18

brought by victims of childhood sexual abuse based

19

on childhood sexual abuse or civil actions brought

20

by victims of childhood sexual abuse asserting

21

resulting claims; to provide a period of one or

22

two years, depending upon the circumstances, for

23

the filing of assault or battery actions by

24

victims of childhood sexual abuse based on

25

childhood sexual abuse occurring within the

26

preceding 35 years, or civil actions by victims of

27

childhood sexual abuse asserting resulting claims,

28

that otherwise are barred by the expiration of the

29

period of limitations; and to expand the offense

30

of "sexual battery" to also prohibit a cleric from

31

engaging in sexual conduct with a minor who is a

32

member of, or attends, the church or congregation

33

served by the cleric.

34

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

Section 1. That sections 2151.03, 2151.281, 2151.421,	35
2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2901.13, 2907.03,	36
and 5120.173 of the Revised Code be amended to read as follows:	37

Sec. 2151.03.  (A) As used in this chapter, "neglected child"	38
includes any child:	39

(1) Who is abandoned by the child's parents, guardian, or	40
custodian;	41

(2) Who lacks adequate parental care because of the faults or	42
habits of the child's parents, guardian, or custodian;	43

(3) Whose parents, guardian, or custodian neglects the child	44
or refuses to provide proper or necessary subsistence, education,	45
medical or surgical care or treatment, or other care necessary for	46
the child's health, morals, or well being;	47

(4) Whose parents, guardian, or custodian neglects the child	48
or refuses to provide the special care made necessary by the	49
child's mental condition;	50

(5) Whose parents, legal guardian, or custodian have placed	51
or attempted to place the child in violation of sections 5103.16	52
and 5103.17 of the Revised Code;	53

(6) Who, because of the omission of the child's parents,	54
guardian, or custodian, suffers physical or mental injury that	55
harms or threatens to harm the child's health or welfare;	56

(7) Who is subjected to out-of-home care child neglect.

57

(B) Nothing in this chapter shall be construed as subjecting	58
a parent, guardian, or custodian of a child to criminal liability	59
when, solely in the practice of religious beliefs, the parent,	60
guardian, or custodian fails to provide adequate medical or	61
surgical care or treatment for the child. This division does not	62
abrogate or limit any person's responsibility under section	63
2151.421 of the Revised Code to report known or reasonably	64
suspected child abuse, known or reasonably suspected child	65
neglect, and children who are known to face or are reasonably	66
suspected of facing a threat of suffering abuse or neglect and	67
does not preclude any exercise of the authority of the state, any	68
political subdivision, or any court to ensure that medical or	69
surgical care or treatment is provided to a child when the child's	70
health requires the provision of medical or surgical care or	71
treatment.	72

Sec. 2151.281.  (A) The court shall appoint a guardian ad	73
litem to protect the interest of a child in any proceeding	74
concerning an alleged or adjudicated delinquent child or unruly	75
child when either of the following applies:	76

(1) The child has no parent, guardian, or legal custodian.

77

(2) The court finds that there is a conflict of interest	78
between the child and the child's parent, guardian, or legal	79
custodian.	80

(B)(1) The court shall appoint a guardian ad litem to protect	81
the interest of a child in any proceeding concerning an alleged	82
abused or neglected child and in any proceeding held pursuant to	83
section 2151.414 of the Revised Code. The guardian ad litem so	84
appointed shall not be the attorney responsible for presenting the	85
evidence alleging that the child is an abused or neglected child	86
and shall not be an employee of any party in the proceeding.	87

(2) The guardian ad litem appointed for an alleged or	88
adjudicated abused or neglected child may bring a civil action	89
against any person, who is required by division (A)(1) or (4) of	90
section 2151.421 of the Revised Code to file a report of known or	91
reasonably suspected child abuse or child neglect, if that person	92
knows, or suspectshas reasonable cause to suspect based on facts	93
that would cause a reasonable person in a similar position to	94
suspect, that the child for whom the guardian ad litem is	95
appointed is the subject of child abuse or child neglect and does	96
not file the required report and if the child suffers any injury	97
or harm as a result of the known or reasonably suspected child	98
abuse or child neglect or suffers additional injury or harm after	99
the failure to file the report.	100

(C) In any proceeding concerning an alleged or adjudicated	101
delinquent, unruly, abused, neglected, or dependent child in which	102
the parent appears to be mentally incompetent or is under eighteen	103
years of age, the court shall appoint a guardian ad litem to	104
protect the interest of that parent.	105

(D) The court shall require the guardian ad litem to	106
faithfully discharge the guardian ad litem's duties and, upon the	107
guardian ad litem's failure to faithfully discharge the guardian	108
ad litem's duties, shall discharge the guardian ad litem and	109
appoint another guardian ad litem. The court may fix the	110
compensation for the service of the guardian ad litem, which	111
compensation shall be paid from the treasury of the county.	112

(E) A parent who is eighteen years of age or older and not	113
mentally incompetent shall be deemed sui juris for the purpose of	114
any proceeding relative to a child of the parent who is alleged or	115
adjudicated to be an abused, neglected, or dependent child.	116

(F) In any case in which a parent of a child alleged or	117
adjudicated to be an abused, neglected, or dependent child is	118
under eighteen years of age, the parents of that parent shall be	119
summoned to appear at any hearing respecting the child, who is	120
alleged or adjudicated to be an abused, neglected, or dependent	121
child.	122

(G) In any case involving an alleged or adjudicated abused or	123
neglected child or an agreement for the voluntary surrender of	124
temporary or permanent custody of a child that is made in	125
accordance with section 5103.15 of the Revised Code, the court	126
shall appoint the guardian ad litem in each case as soon as	127
possible after the complaint is filed, the request for an	128
extension of the temporary custody agreement is filed with the	129
court, or the request for court approval of the permanent custody	130
agreement is filed. In any case involving an alleged dependent	131
child in which the parent of the child appears to be mentally	132
incompetent or is under eighteen years of age, there is a conflict	133
of interest between the child and the child's parents, guardian,	134
or custodian, or the court believes that the parent of the child	135
is not capable of representing the best interest of the child, the	136
court shall appoint a guardian ad litem for the child. The	137
guardian ad litem or the guardian ad litem's replacement shall	138
continue to serve until any of the following occur:	139

(1) The complaint is dismissed or the request for an	140
extension of a temporary custody agreement or for court approval	141
of the permanent custody agreement is withdrawn or denied;	142

(2) All dispositional orders relative to the child have	143
terminated;	144

(3) The legal custody of the child is granted to a relative	145
of the child, or to another person;	146

(4) The child is placed in an adoptive home or, at the	147
court's discretion, a final decree of adoption is issued with	148
respect to the child;	149

(5) The child reaches the age of eighteen if the child is not	150
mentally retarded, developmentally disabled, or physically	151
impaired or the child reaches the age of twenty-one if the child	152
is mentally retarded, developmentally disabled, or physically	153
impaired;	154

(6) The guardian ad litem resigns or is removed by the court	155
and a replacement is appointed by the court.	156

If a guardian ad litem ceases to serve a child pursuant to	157
division (G)(4) of this section and the petition for adoption with	158
respect to the child is denied or withdrawn prior to the issuance	159
of a final decree of adoption or prior to the date an	160
interlocutory order of adoption becomes final, the juvenile court	161
shall reappoint a guardian ad litem for that child. The public	162
children services agency or private child placing agency with	163
permanent custody of the child shall notify the juvenile court if	164
the petition for adoption is denied or withdrawn.	165

(H) If the guardian ad litem for an alleged or adjudicated	166
abused, neglected, or dependent child is an attorney admitted to	167
the practice of law in this state, the guardian ad litem also may	168
serve as counsel to the ward. If a person is serving as guardian	169
ad litem and counsel for a child and either that person or the	170
court finds that a conflict may exist between the person's roles	171
as guardian ad litem and as counsel, the court shall relieve the	172
person of duties as guardian ad litem and appoint someone else as	173
guardian ad litem for the child. If the court appoints a person	174
who is not an attorney admitted to the practice of law in this	175
state to be a guardian ad litem, the court also may appoint an	176
attorney admitted to the practice of law in this state to serve as	177
counsel for the guardian ad litem.	178

(I) The guardian ad litem for an alleged or adjudicated	179
abused, neglected, or dependent child shall perform whatever	180
functions are necessary to protect the best interest of the child,	181
including, but not limited to, investigation, mediation,	182
monitoring court proceedings, and monitoring the services provided	183
the child by the public children services agency or private child	184
placing agency that has temporary or permanent custody of the	185
child, and shall file any motions and other court papers that are	186
in the best interest of the child.	187

The guardian ad litem shall be given notice of all hearings,	188
administrative reviews, and other proceedings in the same manner	189
as notice is given to parties to the action.	190

(J)(1) When the court appoints a guardian ad litem pursuant	191
to this section, it shall appoint a qualified volunteer whenever	192
one is available and the appointment is appropriate.	193

(2) Upon request, the department of job and family services	194
shall provide for the training of volunteer guardians ad litem.	195

Sec. 2151.421.  (A)(1)(a) No person described in division	196
(A)(1)(b) of this section who is acting in an official or	197
professional capacity and knows, or suspectshas reasonable cause	198
to suspect based on facts that would cause a reasonable person in	199
a similar position to suspect, that a child under eighteen years	200
of age or a mentally retarded, developmentally disabled, or	201
physically impaired child under twenty-one years of age has	202
suffered or faces a threat of suffering any physical or mental	203
wound, injury, disability, or condition of a nature that	204
reasonably indicates abuse or neglect of the child, shall fail to	205
immediately report that knowledge or suspicionreasonable cause to	206
suspect to the entity or persons specified in this division.	207
Except as provided in section 5120.173 of the Revised Code, the	208
person making the report shall make it to the public children	209
services agency or a municipal or county peace officer in the	210
county in which the child resides or in which the abuse or neglect	211
is occurring or has occurred. In the circumstances described in	212
section 5120.173 of the Revised Code, the person making the report	213
shall make it to the entity specified in that section.	214

(b) Division (A)(1)(a) of this section applies to any person	215
who is an attorney; physician, including a hospital intern or	216
resident; dentist; podiatrist; practitioner of a limited branch of	217
medicine as specified in section 4731.15 of the Revised Code;	218
registered nurse; licensed practical nurse; visiting nurse; other	219
health care professional; licensed psychologist; licensed school	220
psychologist; independent marriage and family therapist or	221
marriage and family therapist; speech pathologist or audiologist;	222
coroner; administrator or employee of a child day-care center;	223
administrator or employee of a residential camp or child day camp;	224
administrator or employee of a certified child care agency or	225
other public or private children services agency; school teacher;	226
school employee; school authority; person engaged in social work	227
or the practice of professional counseling; agent of a county	228
humane society; person rendering spiritual treatment through	229
prayer in accordance with the tenets of a well-recognized	230
religion; superintendent, board member, or employee of a county	231
board of mental retardation; investigative agent contracted with	232
by a county board of mental retardation; or employee of the	233
department of mental retardation and developmental disabilities.	234

(2) AnExcept as provided in division (A)(3) of this section,	235
an attorney or a physician is not required to make a report	236
pursuant to division (A)(1) of this section concerning any	237
communication the attorney or physician receives from a client or	238
patient in an attorney-client or physician-patient relationship,	239
if, in accordance with division (A) or (B) of section 2317.02 of	240
the Revised Code, the attorney or physician could not testify with	241
respect to that communication in a civil or criminal proceeding,	242
except that the.	243

(3) The client or patient in an attorney-client or	244
physician-patient relationship described in division (A)(2) of	245
this section is deemed to have waived any testimonial privilege	246
under division (A) or (B) of section 2317.02 of the Revised Code	247
with respect to thatany communication the attorney or physician	248
receives from the client or patient in that attorney-client or	249
physician-patient relationship, and the attorney or physician	250
shall make a report pursuant to division (A)(1) of this section	251
with respect to that communication, if all of the following apply:	252

(a) The client or patient, at the time of the communication,	253
is either a child under eighteen years of age or a mentally	254
retarded, developmentally disabled, or physically impaired person	255
under twenty-one years of age.	256

(b) The attorney or physician knows, or suspectshas	257
reasonable cause to suspect based on facts that would cause a	258
reasonable person in similar position to suspect, as a result of	259
the communication or any observations made during that	260
communication, that the client or patient has suffered or faces a	261
threat of suffering any physical or mental wound, injury,	262
disability, or condition of a nature that reasonably indicates	263
abuse or neglect of the client or patient.	264

(c) The attorney-client or physician-patient relationship	265
abuse or neglect does not arise out of the client's or patient's	266
attempt to have an abortion without the notification of her	267
parents, guardian, or custodian in accordance with section 2151.85	268
of the Revised Code.	269

(4)(a) No cleric and no person, other than a volunteer,	270
designated by any church, religious society, or faith acting as a	271
leader, official, or delegate on behalf of the church, religious	272
society, or faith who is acting in an official or professional	273
capacity, who knows, or has reasonable cause to suspect based on	274
facts that would cause a reasonable person in a similar position	275
to suspect, that a child under eighteen years of age or a mentally	276
retarded, developmentally disabled, or physically impaired child	277
under twenty-one years of age has suffered or faces a threat of	278
suffering any physical or mental wound, injury, disability, or	279
condition of a nature that reasonably indicates abuse or neglect	280
of the child, and who knows, or has reasonable cause to suspect	281
based on facts that would cause a reasonable person in a similar	282
position to suspect, that another cleric or another person, other	283
than a volunteer, designated by a church, religious society, or	284
faith acting as a leader, official, or delegate on behalf of the	285
church, religious society, or faith caused, or poses the threat of	286
causing, the wound, injury, disability, or condition that	287
reasonably indicates abuse or neglect shall fail to immediately	288
report that knowledge or reasonable cause to suspect to the entity	289
or persons specified in this division. Except as provided in	290
section 5120.173 of the Revised Code, the person making the report	291
shall make it to the public children services agency or a	292
municipal or county peace officer in the county in which the child	293
resides or in which the abuse or neglect is occurring or has	294
occurred. In the circumstances described in section 5120.173 of	295
the Revised Code, the person making the report shall make it to	296
the entity specified in that section.	297

(b) Except as provided in division (A)(4)(c) of this section,	298
a cleric is not required to make a report pursuant to division	299
(A)(4)(a) of this section concerning any communication the cleric	300
receives from a penitent in a cleric-penitent relationship, if, in	301
accordance with division (C) of section 2317.02 of the Revised	302
Code, the cleric could not testify with respect to that	303
communication in a civil or criminal proceeding.	304

(c) The penitent in a cleric-penitent relationship described	305
in division (A)(4)(b) of this section is deemed to have waived any	306
testimonial privilege under division (C) of section 2317.02 of the	307
Revised Code with respect to any communication the cleric receives	308
from the penitent in that cleric-penitent relationship, and the	309
cleric shall make a report pursuant to division (A)(4)(a) of this	310
section with respect to that communication, if all of the	311
following apply:	312

(i) The penitent, at the time of the communication, is either	313
a child under eighteen years of age or a mentally retarded,	314
developmentally disabled, or physically impaired person under	315
twenty-one years of age.	316

(ii) The cleric knows, or has reasonable cause to suspect	317
based on facts that would cause a reasonable person in a similar	318
position to suspect, as a result of the communication or any	319
observations made during that communication, the penitent has	320
suffered or faces a threat of suffering any physical or mental	321
wound, injury, disability, or condition of a nature that	322
reasonably indicates abuse or neglect of the penitent.	323

(iii) The abuse or neglect does not arise out of the	324
penitent's attempt to have an abortion performed upon a child	325
under eighteen years of age or upon a mentally retarded,	326
developmentally disabled, or physically impaired person under	327
twenty-one years of age without the notification of her parents,	328
guardian, or custodian in accordance with section 2151.85 of the	329
Revised Code.	330

(d) Divisions (A)(4)(a) and (c) of this section do not apply	331
in a cleric-penitent relationship when the disclosure of any	332
communication the cleric receives from the penitent is in	333
violation of the sacred trust.	334

(e) As used in division (A)(4) of this section, "cleric" and	335
"sacred trust" have the same meanings as in section 2317.02 of the	336
Revised Code.	337

(B) Anyone, who knows, or suspectshas reasonable cause to	338
suspect based on facts that would cause a reasonable person in	339
similar circumstances to suspect, that a child under eighteen	340
years of age or a mentally retarded, developmentally disabled, or	341
physically impaired person under twenty-one years of age has	342
suffered or faces a threat of suffering any physical or mental	343
wound, injury, disability, or other condition of a nature that	344
reasonably indicates abuse or neglect of the child may report or	345
cause reports to be made of that knowledge or suspicionreasonable	346
cause to suspect to the entity or persons specified in this	347
division. Except as provided in section 5120.173 of the Revised	348
Code, a person making a report or causing a report to be made	349
under this division shall make it or cause it to be made to the	350
public children services agency or to a municipal or county peace	351
officer. In the circumstances described in section 5120.173 of the	352
Revised Code, a person making a report or causing a report to be	353
made under this division shall make it or cause it to be made to	354
the entity specified in that section.	355

(C) Any report made pursuant to division (A) or (B) of this	356
section shall be made forthwith either by telephone or in person	357
and shall be followed by a written report, if requested by the	358
receiving agency or officer. The written report shall contain:	359

(1) The names and addresses of the child and the child's	360
parents or the person or persons having custody of the child, if	361
known;	362

(2) The child's age and the nature and extent of the child's	363
known or reasonably suspected injuries, abuse, or neglect or of	364
the known or reasonably suspected threat of injury, abuse, or	365
neglect, including any evidence of previous injuries, abuse, or	366
neglect;	367

(3) Any other information that might be helpful in	368
establishing the cause of the known or reasonably suspected	369
injury, abuse, or neglect or of the known or reasonably suspected	370
threat of injury, abuse, or neglect.	371

Any person, who is required by division (A) of this section	372
to report known or reasonably suspected child abuse or child	373
neglect, may take or cause to be taken color photographs of areas	374
of trauma visible on a child and, if medically indicated, cause to	375
be performed radiological examinations of the child.	376

(D) As used in this division, "children's advocacy center"	377
and "sexual abuse of a child" have the same meanings as in section	378
2151.425 of the Revised Code.	379

(1) When a municipal or county peace officer receives a	380
report concerning the possible abuse or neglect of a child or the	381
possible threat of abuse or neglect of a child, upon receipt of	382
the report, the municipal or county peace officer who receives the	383
report shall refer the report to the appropriate public children	384
services agency.	385

(2) When a public children services agency receives a report	386
pursuant to this division or division (A) or (B) of this section,	387
upon receipt of the report, the public children services agency	388
shall do both of the following:	389

(a) Comply with section 2151.422 of the Revised Code;

390

(b) If the county served by the agency is also served by a	391
children's advocacy center and the report alleges sexual abuse of	392
a child or another type of abuse of a child that is specified in	393
the memorandum of understanding that creates the center as being	394
within the center's jurisdiction, comply regarding the report with	395
the protocol and procedures for referrals and investigations, with	396
the coordinating activities, and with the authority or	397
responsibility for performing or providing functions, activities,	398
and services stipulated in the interagency agreement entered into	399
under section 2151.428 of the Revised Code relative to that	400
center.	401

(E) No township, municipal, or county peace officer shall	402
remove a child about whom a report is made pursuant to this	403
section from the child's parents, stepparents, or guardian or any	404
other persons having custody of the child without consultation	405
with the public children services agency, unless, in the judgment	406
of the officer, and, if the report was made by physician, the	407
physician, immediate removal is considered essential to protect	408
the child from further abuse or neglect. The agency that must be	409
consulted shall be the agency conducting the investigation of the	410
report as determined pursuant to section 2151.422 of the Revised	411
Code.	412

(F)(1) Except as provided in section 2151.422 of the Revised	413
Code or in an interagency agreement entered into under section	414
2151.428 of the Revised Code that applies to the particular	415
report, the public children services agency shall investigate,	416
within twenty-four hours, each report of known or reasonably	417
suspected child abuse or child neglect and of a known or	418
reasonably suspected threat of child abuse or child neglect that	419
is referred to it under this section to determine the	420
circumstances surrounding the injuries, abuse, or neglect or the	421
threat of injury, abuse, or neglect, the cause of the injuries,	422
abuse, neglect, or threat, and the person or persons responsible.	423
The investigation shall be made in cooperation with the law	424
enforcement agency and in accordance with the memorandum of	425
understanding prepared under division (J) of this section. A	426
representative of the public children services agency shall, at	427
the time of initial contact with the person subject to the	428
investigation, inform the person of the specific complaints or	429
allegations made against the person. The information shall be	430
given in a manner that is consistent with division (H)(1) of this	431
section and protects the rights of the person making the report	432
under this section.	433

A failure to make the investigation in accordance with the	434
memorandum is not grounds for, and shall not result in, the	435
dismissal of any charges or complaint arising from the report or	436
the suppression of any evidence obtained as a result of the report	437
and does not give, and shall not be construed as giving, any	438
rights or any grounds for appeal or post-conviction relief to any	439
person. The public children services agency shall report each case	440
to a central registry which the department of job and family	441
services shall maintain in order to determine whether prior	442
reports have been made in other counties concerning the child or	443
other principals in the case. The public children services agency	444
shall submit a report of its investigation, in writing, to the law	445
enforcement agency.	446

(2) The public children services agency shall make any	447
recommendations to the county prosecuting attorney or city	448
director of law that it considers necessary to protect any	449
children that are brought to its attention.	450

(G)(1)(a) Except as provided in division (H)(3) of this	451
section, anyone or any hospital, institution, school, health	452
department, or agency participating in the making of reports under	453
division (A) of this section, anyone or any hospital, institution,	454
school, health department, or agency participating in good faith	455
in the making of reports under division (B) of this section, and	456
anyone participating in good faith in a judicial proceeding	457
resulting from the reports, shall be immune from any civil or	458
criminal liability for injury, death, or loss to person or	459
property that otherwise might be incurred or imposed as a result	460
of the making of the reports or the participation in the judicial	461
proceeding.	462

(b) Notwithstanding section 4731.22 of the Revised Code, the	463
physician-patient privilege shall not be a ground for excluding	464
evidence regarding a child's injuries, abuse, or neglect, or the	465
cause of the injuries, abuse, or neglect in any judicial	466
proceeding resulting from a report submitted pursuant to this	467
section.	468

(2) In any civil or criminal action or proceeding in which it	469
is alleged and proved that participation in the making of a report	470
under this section was not in good faith or participation in a	471
judicial proceeding resulting from a report made under this	472
section was not in good faith, the court shall award the	473
prevailing party reasonable attorney's fees and costs and, if a	474
civil action or proceeding is voluntarily dismissed, may award	475
reasonable attorney's fees and costs to the party against whom the	476
civil action or proceeding is brought.	477

(H)(1) Except as provided in divisions (H)(4) and (M) of this	478
section, a report made under this section is confidential. The	479
information provided in a report made pursuant to this section and	480
the name of the person who made the report shall not be released	481
for use, and shall not be used, as evidence in any civil action or	482
proceeding brought against the person who made the report. In a	483
criminal proceeding, the report is admissible in evidence in	484
accordance with the Rules of Evidence and is subject to discovery	485
in accordance with the Rules of Criminal Procedure.	486

(2) No person shall permit or encourage the unauthorized	487
dissemination of the contents of any report made under this	488
section.	489

(3) A person who knowingly makes or causes another person to	490
make a false report under division (B) of this section that	491
alleges that any person has committed an act or omission that	492
resulted in a child being an abused child or a neglected child is	493
guilty of a violation of section 2921.14 of the Revised Code.	494

(4) If a report is made pursuant to division (A) or (B) of	495
this section and the child who is the subject of the report dies	496
for any reason at any time after the report is made, but before	497
the child attains eighteen years of age, the public children	498
services agency or municipal or county peace officer to which the	499
report was made or referred, on the request of the child fatality	500
review board, shall submit a summary sheet of information	501
providing a summary of the report to the review board of the	502
county in which the deceased child resided at the time of death.	503
On the request of the review board, the agency or peace officer	504
may, at its discretion, make the report available to the review	505
board. If the county served by the public children services agency	506
is also served by a children's advocacy center and the report of	507
alleged sexual abuse of a child or another type of abuse of a	508
child is specified in the memorandum of understanding that creates	509
the center as being within the center's jurisdiction, the agency	510
or center shall perform the duties and functions specified in this	511
division in accordance with the interagency agreement entered into	512
under section 2151.428 of the Revised Code relative to that	513
advocacy center.	514

(5) A public children services agency shall advise a person	515
alleged to have inflicted abuse or neglect on a child who is the	516
subject of a report made pursuant to this section, including a	517
report alleging sexual abuse of a child or another type of abuse	518
of a child referred to a children's advocacy center pursuant to an	519
interagency agreement entered into under section 2151.428 of the	520
Revised Code, in writing of the disposition of the investigation.	521
The agency shall not provide to the person any information that	522
identifies the person who made the report, statements of	523
witnesses, or police or other investigative reports.	524

(I) Any report that is required by this section, other than a	525
report that is made to the state highway patrol as described in	526
section 5120.173 of the Revised Code, shall result in protective	527
services and emergency supportive services being made available by	528
the public children services agency on behalf of the children	529
about whom the report is made, in an effort to prevent further	530
neglect or abuse, to enhance their welfare, and, whenever	531
possible, to preserve the family unit intact. The agency required	532
to provide the services shall be the agency conducting the	533
investigation of the report pursuant to section 2151.422 of the	534
Revised Code.	535

(J)(1) Each public children services agency shall prepare a	536
memorandum of understanding that is signed by all of the	537
following:	538

(a) If there is only one juvenile judge in the county, the	539
juvenile judge of the county or the juvenile judge's	540
representative;	541

(b) If there is more than one juvenile judge in the county, a	542
juvenile judge or the juvenile judges' representative selected by	543
the juvenile judges or, if they are unable to do so for any	544
reason, the juvenile judge who is senior in point of service or	545
the senior juvenile judge's representative;	546

(c) The county peace officer;

547

(d) All chief municipal peace officers within the county;

548

(e) Other law enforcement officers handling child abuse and	549
neglect cases in the county;	550

(f) The prosecuting attorney of the county;

551

(g) If the public children services agency is not the county	552
department of job and family services, the county department of	553
job and family services;	554

(h) The county humane society;

555

(i) If the public children services agency participated in	556
the execution of a memorandum of understanding under section	557
2151.426 of the Revised Code establishing a children's advocacy	558
center, each participating member of the children's advocacy	559
center established by the memorandum.	560

(2) A memorandum of understanding shall set forth the normal	561
operating procedure to be employed by all concerned officials in	562
the execution of their respective responsibilities under this	563
section and division (C) of section 2919.21, division (B)(1) of	564
section 2919.22, division (B) of section 2919.23, and section	565
2919.24 of the Revised Code and shall have as two of its primary	566
goals the elimination of all unnecessary interviews of children	567
who are the subject of reports made pursuant to division (A) or	568
(B) of this section and, when feasible, providing for only one	569
interview of a child who is the subject of any report made	570
pursuant to division (A) or (B) of this section. A failure to	571
follow the procedure set forth in the memorandum by the concerned	572
officials is not grounds for, and shall not result in, the	573
dismissal of any charges or complaint arising from any reported	574
case of abuse or neglect or the suppression of any evidence	575
obtained as a result of any reported child abuse or child neglect	576
and does not give, and shall not be construed as giving, any	577
rights or any grounds for appeal or post-conviction relief to any	578
person.	579

(3) A memorandum of understanding shall include all of the	580
following:	581

(a) The roles and responsibilities for handling emergency and	582
nonemergency cases of abuse and neglect;	583

(b) Standards and procedures to be used in handling and	584
coordinating investigations of reported cases of child abuse and	585
reported cases of child neglect, methods to be used in	586
interviewing the child who is the subject of the report and who	587
allegedly was abused or neglected, and standards and procedures	588
addressing the categories of persons who may interview the child	589
who is the subject of the report and who allegedly was abused or	590
neglected.	591

(4) If a public children services agency participated in the	592
execution of a memorandum of understanding under section 2151.426	593
of the Revised Code establishing a children's advocacy center, the	594
agency shall incorporate the contents of that memorandum in the	595
memorandum prepared pursuant to this section.	596

(K)(1) Except as provided in division (K)(4) of this section,	597
a person who is required to make a report pursuant to division (A)	598
of this section may make a reasonable number of requests of the	599
public children services agency that receives or is referred the	600
report, or of the children's advocacy center that is referred the	601
report if the report is referred to a children's advocacy center	602
pursuant to an interagency agreement entered into under section	603
2151.428 of the Revised Code, to be provided with the following	604
information:	605

(a) Whether the agency or center has initiated an	606
investigation of the report;	607

(b) Whether the agency or center is continuing to investigate	608
the report;	609

(c) Whether the agency or center is otherwise involved with	610
the child who is the subject of the report;	611

(d) The general status of the health and safety of the child	612
who is the subject of the report;	613

(e) Whether the report has resulted in the filing of a	614
complaint in juvenile court or of criminal charges in another	615
court.	616

(2) A person may request the information specified in	617
division (K)(1) of this section only if, at the time the report is	618
made, the person's name, address, and telephone number are	619
provided to the person who receives the report.	620

When a municipal or county peace officer or employee of a	621
public children services agency receives a report pursuant to	622
division (A) or (B) of this section the recipient of the report	623
shall inform the person of the right to request the information	624
described in division (K)(1) of this section. The recipient of the	625
report shall include in the initial child abuse or child neglect	626
report that the person making the report was so informed and, if	627
provided at the time of the making of the report, shall include	628
the person's name, address, and telephone number in the report.	629

Each request is subject to verification of the identity of	630
the person making the report. If that person's identity is	631
verified, the agency shall provide the person with the information	632
described in division (K)(1) of this section a reasonable number	633
of times, except that the agency shall not disclose any	634
confidential information regarding the child who is the subject of	635
the report other than the information described in those	636
divisions.	637

(3) A request made pursuant to division (K)(1) of this	638
section is not a substitute for any report required to be made	639
pursuant to division (A) of this section.	640

(4) If an agency other than the agency that received or was	641
referred the report is conducting the investigation of the report	642
pursuant to section 2151.422 of the Revised Code, the agency	643
conducting the investigation shall comply with the requirements of	644
division (K) of this section.	645

(L) The director of job and family services shall adopt rules	646
in accordance with Chapter 119. of the Revised Code to implement	647
this section. The department of job and family services may enter	648
into a plan of cooperation with any other governmental entity to	649
aid in ensuring that children are protected from abuse and	650
neglect. The department shall make recommendations to the attorney	651
general that the department determines are necessary to protect	652
children from child abuse and child neglect.	653

(M)(1) As used in this division:

654

(a) "Out-of-home care" includes a nonchartered nonpublic	655
school if the alleged child abuse or child neglect, or alleged	656
threat of child abuse or child neglect, described in a report	657
received by a public children services agency allegedly occurred	658
in or involved the nonchartered nonpublic school and the alleged	659
perpetrator named in the report holds a certificate, permit, or	660
license issued by the state board of education under section	661
3301.071 or Chapter 3319. of the Revised Code.	662

(b) "Administrator, director, or other chief administrative	663
officer" means the superintendent of the school district if the	664
out-of-home care entity subject to a report made pursuant to this	665
section is a school operated by the district.	666

(2) No later than the end of the day following the day on	667
which a public children services agency receives a report of	668
alleged child abuse or child neglect, or a report of an alleged	669
threat of child abuse or child neglect, that allegedly occurred in	670
or involved an out-of-home care entity, the agency shall provide	671
written notice of the allegations contained in and the person	672
named as the alleged perpetrator in the report to the	673
administrator, director, or other chief administrative officer of	674
the out-of-home care entity that is the subject of the report	675
unless the administrator, director, or other chief administrative	676
officer is named as an alleged perpetrator in the report. If the	677
administrator, director, or other chief administrative officer of	678
an out-of-home care entity is named as an alleged perpetrator in a	679
report of alleged child abuse or child neglect, or a report of an	680
alleged threat of child abuse or child neglect, that allegedly	681
occurred in or involved the out-of-home care entity, the agency	682
shall provide the written notice to the owner or governing board	683
of the out-of-home care entity that is the subject of the report.	684
The agency shall not provide witness statements or police or other	685
investigative reports.	686

(3) No later than three days after the day on which a public	687
children services agency that conducted the investigation as	688
determined pursuant to section 2151.422 of the Revised Code makes	689
a disposition of an investigation involving a report of alleged	690
child abuse or child neglect, or a report of an alleged threat of	691
child abuse or child neglect, that allegedly occurred in or	692
involved an out-of-home care entity, the agency shall send written	693
notice of the disposition of the investigation to the	694
administrator, director, or other chief administrative officer and	695
the owner or governing board of the out-of-home care entity. The	696
agency shall not provide witness statements or police or other	697
investigative reports.	698

Sec. 2151.99.  (A) Whoever violates division (D)(2) or (3) of	699
section 2151.313 or division (A)(1), (A)(4), or (H)(2) of section	700
2151.421 of the Revised Code is guilty of a misdemeanor of the	701
fourth degree.	702

(B) Whoever violates division (D)(1) of section 2151.313 of	703
the Revised Code is guilty of a minor misdemeanor.	704

Sec. 2305.10.  (A) Except as provided in division (C) or (E)	705
of this section, an action based on a product liability claim and	706
an action for bodily injury or injuring personal property shall be	707
brought within two years after the cause of action accrues. Except	708
as provided in divisions (B)(1), (2), (3), (4), and (5) of this	709
section, a cause of action accrues under this division when the	710
injury or loss to person or property occurs.	711

(B)(1) For purposes of division (A) of this section, a cause	712
of action for bodily injury that is not described in division	713
(B)(2), (3), (4), or (5) of this section and that is caused by	714
exposure to hazardous or toxic chemicals, ethical drugs, or	715
ethical medical devices accrues upon the date on which the	716
plaintiff is informed by competent medical authority that the	717
plaintiff has an injury that is related to the exposure, or upon	718
the date on which by the exercise of reasonable diligence the	719
plaintiff should have known that the plaintiff has an injury that	720
is related to the exposure, whichever date occurs first.	721

(2) For purposes of division (A) of this section, a cause of	722
action for bodily injury caused by exposure to chromium in any of	723
its chemical forms accrues upon the date on which the plaintiff is	724
informed by competent medical authority that the plaintiff has an	725
injury that is related to the exposure, or upon the date on which	726
by the exercise of reasonable diligence the plaintiff should have	727
known that the plaintiff has an injury that is related to the	728
exposure, whichever date occurs first.	729

(3) For purposes of division (A) of this section, a cause of	730
action for bodily injury incurred by a veteran through exposure to	731
chemical defoliants or herbicides or other causative agents,	732
including agent orange, accrues upon the date on which the	733
plaintiff is informed by competent medical authority that the	734
plaintiff has an injury that is related to the exposure, or upon	735
the date on which by the exercise of reasonable diligence the	736
plaintiff should have known that the plaintiff has an injury that	737
is related to the exposure, whichever date occurs first.	738

(4) For purposes of division (A) of this section, a cause of	739
action for bodily injury caused by exposure to diethylstilbestrol	740
or other nonsteroidal synthetic estrogens, including exposure	741
before birth, accrues upon the date on which the plaintiff is	742
informed by competent medical authority that the plaintiff has an	743
injury that is related to the exposure, or upon the date on which	744
by the exercise of reasonable diligence the plaintiff should have	745
known that the plaintiff has an injury that is related to the	746
exposure, whichever date occurs first.	747

(5) For purposes of division (A) of this section, a cause of	748
action for bodily injury caused by exposure to asbestos accrues	749
upon the date on which the plaintiff is informed by competent	750
medical authority that the plaintiff has an injury that is related	751
to the exposure, or upon the date on which by the exercise of	752
reasonable diligence the plaintiff should have known that the	753
plaintiff has an injury that is related to the exposure, whichever	754
date occurs first.	755

(C)(1) Except as otherwise provided in divisions (C)(2), (3),	756
(4), (5), (6), and (7) of this section or in section 2305.19 of	757
the Revised Code, no cause of action based on a product liability	758
claim shall accrue against the manufacturer or supplier of a	759
product later than ten years from the date that the product was	760
delivered to its first purchaser or first lessee who was not	761
engaged in a business in which the product was used as a component	762
in the production, construction, creation, assembly, or rebuilding	763
of another product.	764

(2) Division (C)(1) of this section does not apply if the	765
manufacturer or supplier of a product engaged in fraud in regard	766
to information about the product and the fraud contributed to the	767
harm that is alleged in a product liability claim involving that	768
product.	769

(3) Division (C)(1) of this section does not bar an action	770
based on a product liability claim against a manufacturer or	771
supplier of a product who made an express, written warranty as to	772
the safety of the product that was for a period longer than ten	773
years and that, at the time of the accrual of the cause of action,	774
has not expired in accordance with the terms of that warranty.	775

(4) If the cause of action relative to a product liability	776
claim accrues during the ten-year period described in division	777
(C)(1) of this section but less than two years prior to the	778
expiration of that period, an action based on the product	779
liability claim may be commenced within two years after the cause	780
of action accrues.	781

(5) If a cause of action relative to a product liability	782
claim accrues during the ten-year period described in division	783
(C)(1) of this section and the claimant cannot commence an action	784
during that period due to a disability described in section	785
2305.16 of the Revised Code, an action based on the product	786
liability claim may be commenced within two years after the	787
disability is removed.	788

(6) Division (C)(1) of this section does not bar an action	789
for bodily injury caused by exposure to asbestos if the cause of	790
action that is the basis of the action accrues upon the date on	791
which the plaintiff is informed by competent medical authority	792
that the plaintiff has an injury that is related to the exposure,	793
or upon the date on which by the exercise of reasonable diligence	794
the plaintiff should have known that the plaintiff has an injury	795
that is related to the exposure, whichever date occurs first.	796

(7)(a) Division (C)(1) of this section does not bar an action	797
based on a product liability claim against a manufacturer or	798
supplier of a product if all of the following apply:	799

(i) The action is for bodily injury.

800

(ii) The product involved is a substance or device described	801
in division (B)(1), (2), (3), or (4) of this section.	802

(iii) The bodily injury results from exposure to the product	803
during the ten-year period described in division (C)(1) of this	804
section.	805

(b) If division (C)(7)(a) of this section applies regarding	806
an action, the cause of action accrues upon the date on which the	807
claimant is informed by competent medical authority that the	808
bodily injury was related to the exposure to the product, or upon	809
the date on which by the exercise of reasonable diligence the	810
claimant should have known that the bodily injury was related to	811
the exposure to the product, whichever date occurs first. The	812
action based on the product liability claim shall be commenced	813
within two years after the cause of action accrues and shall not	814
be commenced more than two years after the cause of action	815
accrues.	816

(D) This section does not create a new cause of action or	817
substantive legal right against any person involving a product	818
liability claim.	819

(E) An action brought by a victim of childhood sexual abuse	820
asserting any claim resulting from childhood sexual abuse, as	821
defined in section 2305.111 of the Revised Code, shall be brought	822
as provided in division (C) of that section.	823

(F) As used in this section:

824

(1) "Agent orange," "causative agent," and "veteran" have the	825
same meanings as in section 5903.21 of the Revised Code.	826

(2) "Ethical drug," "ethical medical device," "manufacturer,"	827
"product," "product liability claim," and "supplier" have the same	828
meanings as in section 2307.71 of the Revised Code.	829

(3) "Harm" means injury, death, or loss to person or	830
property.	831

(F)(G) This section shall be considered to be purely remedial	832
in operation and shall be applied in a remedial manner in any	833
civil action commenced on or after the effective date of this	834
amendmentApril 7, 2005, in which this section is relevant,	835
regardless of when the cause of action accrued and notwithstanding	836
any other section of the Revised Code or prior rule of law of this	837
state, but shall not be construed to apply to any civil action	838
pending prior to the effective date of this amendmentApril 7,	839
2005.	840

Sec. 2305.111. (A) As used in this section:

841

(1) "Childhood sexual abuse" means any conduct that	842
constitutes any of the violations identified in division (A)(1)(a)	843
or (b) of this section and would constitute a criminal offense	844
under the specified section or division of the Revised Code, if	845
the victim of the violation is at the time of the violation a	846
child under eighteen years of age or a mentally retarded,	847
developmentally disabled, or physically impaired child under	848
twenty-one years of age. The court need not find that any person	849
has been convicted of or pleaded guilty to the offense under the	850
specified section or division of the Revised Code in order for the	851
conduct that is the violation constituting the offense to be	852
childhood sexual abuse for purposes of this division. This	853
division applies to any of the following violations committed in	854
the following specified circumstances:	855

(a) A violation of section 2907.02 or of division (A)(1),	856
(5), (6), (7), (8), (9), (10), (11), or (12) of section 2907.03 of	857
the Revised Code;	858

(b) A violation of section 2907.05 or 2907.06 of the Revised	859
Code if, at the time of the violation, any of the following apply:	860

(i) The actor is the victim's natural parent, adoptive	861
parent, or stepparent or the guardian, custodian, or person in	862
loco parentis of the victim.	863

(ii) The victim is in custody of law or a patient in a	864
hospital or other institution, and the actor has supervisory or	865
disciplinary authority over the victim.	866

(iii) The actor is a teacher, administrator, coach, or other	867
person in authority employed by or serving in a school for which	868
the state board of education prescribes minimum standards pursuant	869
to division (D) of section 3301.07 of the Revised Code, the victim	870
is enrolled in or attends that school, and the actor is not	871
enrolled in and does not attend that school.	872

(iv) The actor is a teacher, administrator, coach, or other	873
person in authority employed by or serving in an institution of	874
higher education, and the victim is enrolled in or attends that	875
institution.	876

(v) The actor is the victim's athletic or other type of	877
coach, is the victim's instructor, is the leader of a scouting	878
troop of which the victim is a member, or is a person with	879
temporary or occasional disciplinary control over the victim.	880

(vi) The actor is a mental health professional, the victim is	881
a mental health client or patient of the actor, and the actor	882
induces the victim to submit by falsely representing to the victim	883
that the sexual contact involved in the violation is necessary for	884
mental health treatment purposes.	885

(vii) The victim is confined in a detention facility, and the	886
actor is an employee of that detention facility.	887

(viii) The actor is a cleric, and the victim is a member of,	888
or attends, the church or congregation served by the cleric.	889

(2) "Cleric" has the same meaning as in section 2317.02 of	890
the Revised Code.	891

(3) "Mental health client or patient" has the same meaning as	892
in section 2305.51 of the Revised Code.	893

(4) "Mental health professional" has the same meaning as in	894
section 2305.115 of the Revised Code.	895

(5) "Sexual contact" has the same meaning as in section	896
2907.01 of the Revised Code.	897

(6) "Victim" means, except as provided in division (B) of	898
this section, a victim of childhood sexual abuse.	899

(B) Except as provided in section 2305.115 of the Revised	900
Code and subject to division (C) of this section, an action for	901
assault or battery shall be brought within one year after the	902
cause of the action accrues. For purposes of this section, a cause	903
of action for assault or battery accrues upon the later of the	904
following:	905

(A)(1) The date on which the alleged assault or battery	906
occurred;	907

(B)(2) If the plaintiff did not know the identity of the	908
person who allegedly committed the assault or battery on the date	909
on which it allegedly occurred, the earlier of the following	910
dates:	911

(1)(a) The date on which the plaintiff learns the identity of	912
that person;	913

(2)(b) The date on which, by the exercise of reasonable	914
diligence, the plaintiff should have learned the identity of that	915
person.	916

(C) An action for assault or battery brought by a victim of	917
childhood sexual abuse based on childhood sexual abuse, or an	918
action brought by a victim of childhood sexual abuse asserting any	919
claim resulting from childhood sexual abuse, shall be brought	920
within twenty years after the cause of action accrues. For	921
purposes of this section, a cause of action for assault or battery	922
based on childhood sexual abuse, or a cause of action for a claim	923
resulting from childhood sexual abuse, accrues upon the date on	924
which the victim reaches the age of majority.	925

Sec. 2305.115. (A) AnExcept as provided in division (C) of	926
this section, an action for assault or battery shall be brought	927
within two years after the cause of action accrues, except as	928
provided in division (B) of this section, if all of the following	929
apply regarding the action, the cause of the action, and the	930
parties to the action:	931

(1) The action is brought against a mental health	932
professional.	933

(2) The assault or battery claim asserted in the action is	934
that, while the plaintiff was a mental health client or patient of	935
the mental health professional, the mental health professional	936
engaged in sexual conduct with, had sexual contact with, or caused	937
one or more other persons to have sexual contact with the	938
plaintiff.	939

(3) At the time of the sexual conduct or sexual contact	940
described in division (A)(2) of this section, the plaintiff was	941
not the spouse of the mental health professional.	942

(B) If the mental health service relationship between the	943
plaintiff in an action for assault or battery that is described in	944
division (A) of this section and the mental health professional	945
continues after the date on which the cause of action accrues, the	946
two-year period specified in division (A) of this section does not	947
begin to run until the date on which that mental health service	948
relationship is terminated by either or both of the parties.	949

(C) UnlessAn action for assault or battery brought by a	950
victim of childhood sexual abuse that is based on childhood sexual	951
abuse, as defined in section 2305.111 of the Revised Code, shall	952
be brought as provided in division (C) of that section. In all	953
other cases, unless division (A) or (B) of this section applies,	954
an action for assault or battery shall be brought as provided in	955
division (B) of section 2305.111 of the Revised Code.	956

(D) As used in this section:

957

(1) "Mental health client or patient" and "mental health	958
service" have the same meanings as in section 2305.51 of the	959
Revised Code.	960

(2) "Mental health professional" has the same meaning as in	961
section 2305.51 of the Revised Code and also includes an	962
individual who is not licensed, certified, or registered under the	963
Revised Code, or otherwise authorized in this state, but who	964
regularly provides or purports to provide mental health services	965
for compensation or remuneration at an established place of	966
business.	967

(3) "Mental health service relationship" means the	968
relationship between a mental health professional and a mental	969
health client or patient of the mental health professional that	970
exists for purposes of the mental health professional's provision	971
of mental health services to the mental health client or patient.	972

(4) "Sexual conduct" and "sexual contact" have the same	973
meanings as in section 2907.01 of the Revised Code.	974

Sec. 2317.02.  The following persons shall not testify in	975
certain respects:	976

(A) An attorney, concerning a communication made to the	977
attorney by a client in that relation or the attorney's advice to	978
a client, except that the attorney may testify by express consent	979
of the client or, if the client is deceased, by the express	980
consent of the surviving spouse or the executor or administrator	981
of the estate of the deceased client and except that, if the	982
client voluntarily testifies or is deemed by section 2151.421 of	983
the Revised Code to have waived any testimonial privilege under	984
this division, the attorney may be compelled to testify on the	985
same subject;	986

(B)(1) A physician or a dentist concerning a communication	987
made to the physician or dentist by a patient in that relation or	988
the physician's or dentist's advice to a patient, except as	989
otherwise provided in this division, division (B)(2), and division	990
(B)(3) of this section, and except that, if the patient is deemed	991
by section 2151.421 of the Revised Code to have waived any	992
testimonial privilege under this division, the physician may be	993
compelled to testify on the same subject.	994

The testimonial privilege established under this division	995
does not apply, and a physician or dentist may testify or may be	996
compelled to testify, in any of the following circumstances:	997

(a) In any civil action, in accordance with the discovery	998
provisions of the Rules of Civil Procedure in connection with a	999
civil action, or in connection with a claim under Chapter 4123. of	1000
the Revised Code, under any of the following circumstances:	1001

(i) If the patient or the guardian or other legal	1002
representative of the patient gives express consent;	1003

(ii) If the patient is deceased, the spouse of the patient or	1004
the executor or administrator of the patient's estate gives	1005
express consent;	1006

(iii) If a medical claim, dental claim, chiropractic claim,	1007
or optometric claim, as defined in section 2305.113 of the Revised	1008
Code, an action for wrongful death, any other type of civil	1009
action, or a claim under Chapter 4123. of the Revised Code is	1010
filed by the patient, the personal representative of the estate of	1011
the patient if deceased, or the patient's guardian or other legal	1012
representative.	1013

(b) In any civil action concerning court-ordered treatment or	1014
services received by a patient, if the court-ordered treatment or	1015
services were ordered as part of a case plan journalized under	1016
section 2151.412 of the Revised Code or the court-ordered	1017
treatment or services are necessary or relevant to dependency,	1018
neglect, or abuse or temporary or permanent custody proceedings	1019
under Chapter 2151. of the Revised Code.	1020

(c) In any criminal action concerning any test or the results	1021
of any test that determines the presence or concentration of	1022
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	1023
patient's blood, breath, urine, or other bodily substance at any	1024
time relevant to the criminal offense in question.	1025

(d) In any criminal action against a physician or dentist. In	1026
such an action, the testimonial privilege established under this	1027
division does not prohibit the admission into evidence, in	1028
accordance with the Rules of Evidence, of a patient's medical or	1029
dental records or other communications between a patient and the	1030
physician or dentist that are related to the action and obtained	1031
by subpoena, search warrant, or other lawful means. A court that	1032
permits or compels a physician or dentist to testify in such an	1033
action or permits the introduction into evidence of patient	1034
records or other communications in such an action shall require	1035
that appropriate measures be taken to ensure that the	1036
confidentiality of any patient named or otherwise identified in	1037
the records is maintained. Measures to ensure confidentiality that	1038
may be taken by the court include sealing its records or deleting	1039
specific information from its records.	1040

(e) In any will contest action under sections 2107.71 to	1041
2107.77 of the Revised Code if all of the following apply:	1042

(i) The patient is deceased.

1043

(ii) A party to the will contest action requests the	1044
testimony, demonstrates to the court that that party would be an	1045
heir of the patient if the patient died without a will, is a	1046
beneficiary under the will that is the subject of the will contest	1047
action, or is a beneficiary under another testamentary document	1048
allegedly executed by the patient, and demonstrates to the court	1049
that the testimony is necessary to establish the party's rights as	1050
described in this division.	1051

(2)(a) If any law enforcement officer submits a written	1052
statement to a health care provider that states that an official	1053
criminal investigation has begun regarding a specified person or	1054
that a criminal action or proceeding has been commenced against a	1055
specified person, that requests the provider to supply to the	1056
officer copies of any records the provider possesses that pertain	1057
to any test or the results of any test administered to the	1058
specified person to determine the presence or concentration of	1059
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	1060
person's blood, breath, or urine at any time relevant to the	1061
criminal offense in question, and that conforms to section	1062
2317.022 of the Revised Code, the provider, except to the extent	1063
specifically prohibited by any law of this state or of the United	1064
States, shall supply to the officer a copy of any of the requested	1065
records the provider possesses. If the health care provider does	1066
not possess any of the requested records, the provider shall give	1067
the officer a written statement that indicates that the provider	1068
does not possess any of the requested records.	1069

(b) If a health care provider possesses any records of the	1070
type described in division (B)(2)(a) of this section regarding the	1071
person in question at any time relevant to the criminal offense in	1072
question, in lieu of personally testifying as to the results of	1073
the test in question, the custodian of the records may submit a	1074
certified copy of the records, and, upon its submission, the	1075
certified copy is qualified as authentic evidence and may be	1076
admitted as evidence in accordance with the Rules of Evidence.	1077
Division (A) of section 2317.422 of the Revised Code does not	1078
apply to any certified copy of records submitted in accordance	1079
with this division. Nothing in this division shall be construed to	1080
limit the right of any party to call as a witness the person who	1081
administered the test to which the records pertain, the person	1082
under whose supervision the test was administered, the custodian	1083
of the records, the person who made the records, or the person	1084
under whose supervision the records were made.	1085

(3)(a) If the testimonial privilege described in division	1086
(B)(1) of this section does not apply as provided in division	1087
(B)(1)(a)(iii) of this section, a physician or dentist may be	1088
compelled to testify or to submit to discovery under the Rules of	1089
Civil Procedure only as to a communication made to the physician	1090
or dentist by the patient in question in that relation, or the	1091
physician's or dentist's advice to the patient in question, that	1092
related causally or historically to physical or mental injuries	1093
that are relevant to issues in the medical claim, dental claim,	1094
chiropractic claim, or optometric claim, action for wrongful	1095
death, other civil action, or claim under Chapter 4123. of the	1096
Revised Code.	1097

(b) If the testimonial privilege described in division (B)(1)	1098
of this section does not apply to a physician or dentist as	1099
provided in division (B)(1)(c) of this section, the physician or	1100
dentist, in lieu of personally testifying as to the results of the	1101
test in question, may submit a certified copy of those results,	1102
and, upon its submission, the certified copy is qualified as	1103
authentic evidence and may be admitted as evidence in accordance	1104
with the Rules of Evidence. Division (A) of section 2317.422 of	1105
the Revised Code does not apply to any certified copy of results	1106
submitted in accordance with this division. Nothing in this	1107
division shall be construed to limit the right of any party to	1108
call as a witness the person who administered the test in	1109
question, the person under whose supervision the test was	1110
administered, the custodian of the results of the test, the person	1111
who compiled the results, or the person under whose supervision	1112
the results were compiled.	1113

(c) If the testimonial privilege described in division (B)(1)	1114
of this section does not apply as provided in division (B)(1)(e)	1115
of this section, a physician or dentist may be compelled to	1116
testify or to submit to discovery in the will contest action under	1117
sections 2107.71 to 2107.77 of the Revised Code only as to the	1118
patient in question on issues relevant to the competency of the	1119
patient at the time of the execution of the will. Testimony or	1120
discovery conducted pursuant to this division shall be conducted	1121
in accordance with the Rules of Civil Procedure.	1122

(4) The testimonial privilege described in division (B)(1) of	1123
this section is not waived when a communication is made by a	1124
physician to a pharmacist or when there is communication between a	1125
patient and a pharmacist in furtherance of the physician-patient	1126
relation.	1127

(5)(a) As used in divisions (B)(1) to (4) of this section,	1128
"communication" means acquiring, recording, or transmitting any	1129
information, in any manner, concerning any facts, opinions, or	1130
statements necessary to enable a physician or dentist to diagnose,	1131
treat, prescribe, or act for a patient. A "communication" may	1132
include, but is not limited to, any medical or dental, office, or	1133
hospital communication such as a record, chart, letter,	1134
memorandum, laboratory test and results, x-ray, photograph,	1135
financial statement, diagnosis, or prognosis.	1136

(b) As used in division (B)(2) of this section, "health care	1137
provider" means a hospital, ambulatory care facility, long-term	1138
care facility, pharmacy, emergency facility, or health care	1139
practitioner.	1140

(c) As used in division (B)(5)(b) of this section:

1141

(i) "Ambulatory care facility" means a facility that provides	1142
medical, diagnostic, or surgical treatment to patients who do not	1143
require hospitalization, including a dialysis center, ambulatory	1144
surgical facility, cardiac catheterization facility, diagnostic	1145
imaging center, extracorporeal shock wave lithotripsy center, home	1146
health agency, inpatient hospice, birthing center, radiation	1147
therapy center, emergency facility, and an urgent care center.	1148
"Ambulatory health care facility" does not include the private	1149
office of a physician or dentist, whether the office is for an	1150
individual or group practice.	1151

(ii) "Emergency facility" means a hospital emergency	1152
department or any other facility that provides emergency medical	1153
services.	1154

(iii) "Health care practitioner" has the same meaning as in	1155
section 4769.01 of the Revised Code.	1156

(iv) "Hospital" has the same meaning as in section 3727.01 of	1157
the Revised Code.	1158

(v) "Long-term care facility" means a nursing home,	1159
residential care facility, or home for the aging, as those terms	1160
are defined in section 3721.01 of the Revised Code; an adult care	1161
facility, as defined in section 3722.01 of the Revised Code; a	1162
nursing facility or intermediate care facility for the mentally	1163
retarded, as those terms are defined in section 5111.20 of the	1164
Revised Code; a facility or portion of a facility certified as a	1165
skilled nursing facility under Title XVIII of the "Social Security	1166
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	1167

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	1168
the Revised Code.	1169

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	1170
apply to doctors of medicine, doctors of osteopathic medicine,	1171
doctors of podiatry, and dentists.	1172

(7) Nothing in divisions (B)(1) to (6) of this section	1173
affects, or shall be construed as affecting, the immunity from	1174
civil liability conferred by section 307.628 or 2305.33 of the	1175
Revised Code upon physicians who report an employee's use of a	1176
drug of abuse, or a condition of an employee other than one	1177
involving the use of a drug of abuse, to the employer of the	1178
employee in accordance with division (B) of that section. As used	1179
in division (B)(7) of this section, "employee," "employer," and	1180
"physician" have the same meanings as in section 2305.33 of the	1181
Revised Code.	1182

(C)(1) A member of the clergy, rabbi, priest, or regularly	1183
ordained, accredited, or licensed minister of an established and	1184
legally cognizable church, denomination, or sectcleric, when the	1185
member of the clergy, rabbi, priest, or ministercleric remains	1186
accountable to the authority of that cleric's church,	1187
denomination, or sect, concerning a confession made, or any	1188
information confidentially communicated, to the member of the	1189
clergy, rabbi, priest, or ministercleric for a religious	1190
counseling purpose in the member of the clergy's, rabbi's,	1191
priest's, or minister'scleric's professional character; however,	1192
the member of the clergy, rabbi, priest, or minister. The cleric	1193
may testify by express consent of the person making the	1194
communication, except when the disclosure of the information is in	1195
violation of a sacred trust;and except that, if the person	1196
voluntarily testifies or is deemed by division (A)(4)(c) of	1197
section 2151.421 of the Revised Code to have waived any	1198
testimonial privilege under this division, the cleric may be	1199
compelled to testify on the same subject except when disclosure of	1200
the information is in violation of a sacred trust.	1201

(2) As used in division (C) of this section:

1202

(a) "Cleric" means a member of the clergy, rabbi, priest, or	1203
regularly ordained, accredited, or licensed minister of an	1204
established and legally cognizable church, denomination, or sect.	1205

(b) "Sacred trust" means a confession or confidential	1206
communication made to a cleric in the cleric's ecclesiastical	1207
capacity in the course of discipline enjoined by the church to	1208
which the cleric belongs, including, but not limited to, the	1209
Catholic Church, if both of the following apply:	1210

(i) The confession or confidential communication was made	1211
directly to the cleric.	1212

(ii) The confession or confidential communication was made in	1213
the manner and context that places the cleric specifically and	1214
strictly under a level of confidentiality that is considered	1215
inviolate by canon law or church doctrine.	1216

(D) Husband or wife, concerning any communication made by one	1217
to the other, or an act done by either in the presence of the	1218
other, during coverture, unless the communication was made, or act	1219
done, in the known presence or hearing of a third person competent	1220
to be a witness; and such rule is the same if the marital relation	1221
has ceased to exist;	1222

(E) A person who assigns a claim or interest, concerning any	1223
matter in respect to which the person would not, if a party, be	1224
permitted to testify;	1225

(F) A person who, if a party, would be restricted under	1226
section 2317.03 of the Revised Code, when the property or thing is	1227
sold or transferred by an executor, administrator, guardian,	1228
trustee, heir, devisee, or legatee, shall be restricted in the	1229
same manner in any action or proceeding concerning the property or	1230
thing.	1231

(G)(1) A school guidance counselor who holds a valid educator	1232
license from the state board of education as provided for in	1233
section 3319.22 of the Revised Code, a person licensed under	1234
Chapter 4757. of the Revised Code as a professional clinical	1235
counselor, professional counselor, social worker, independent	1236
social worker, marriage and family therapist or independent	1237
marriage and family therapist, or registered under Chapter 4757.	1238
of the Revised Code as a social work assistant concerning a	1239
confidential communication received from a client in that relation	1240
or the person's advice to a client unless any of the following	1241
applies:	1242

(a) The communication or advice indicates clear and present	1243
danger to the client or other persons. For the purposes of this	1244
division, cases in which there are indications of present or past	1245
child abuse or neglect of the client constitute a clear and	1246
present danger.	1247

(b) The client gives express consent to the testimony.

1248

(c) If the client is deceased, the surviving spouse or the	1249
executor or administrator of the estate of the deceased client	1250
gives express consent.	1251

(d) The client voluntarily testifies, in which case the	1252
school guidance counselor or person licensed or registered under	1253
Chapter 4757. of the Revised Code may be compelled to testify on	1254
the same subject.	1255

(e) The court in camera determines that the information	1256
communicated by the client is not germane to the counselor-client,	1257
marriage and family therapist-client, or social worker-client	1258
relationship.	1259

(f) A court, in an action brought against a school, its	1260
administration, or any of its personnel by the client, rules after	1261
an in-camera inspection that the testimony of the school guidance	1262
counselor is relevant to that action.	1263

(g) The testimony is sought in a civil action and concerns	1264
court-ordered treatment or services received by a patient as part	1265
of a case plan journalized under section 2151.412 of the Revised	1266
Code or the court-ordered treatment or services are necessary or	1267
relevant to dependency, neglect, or abuse or temporary or	1268
permanent custody proceedings under Chapter 2151. of the Revised	1269
Code.	1270

(2) Nothing in division (G)(1) of this section shall relieve	1271
a school guidance counselor or a person licensed or registered	1272
under Chapter 4757. of the Revised Code from the requirement to	1273
report information concerning child abuse or neglect under section	1274
2151.421 of the Revised Code.	1275

(H) A mediator acting under a mediation order issued under	1276
division (A) of section 3109.052 of the Revised Code or otherwise	1277
issued in any proceeding for divorce, dissolution, legal	1278
separation, annulment, or the allocation of parental rights and	1279
responsibilities for the care of children, in any action or	1280
proceeding, other than a criminal, delinquency, child abuse, child	1281
neglect, or dependent child action or proceeding, that is brought	1282
by or against either parent who takes part in mediation in	1283
accordance with the order and that pertains to the mediation	1284
process, to any information discussed or presented in the	1285
mediation process, to the allocation of parental rights and	1286
responsibilities for the care of the parents' children, or to the	1287
awarding of parenting time rights in relation to their children;	1288

(I) A communications assistant, acting within the scope of	1289
the communication assistant's authority, when providing	1290
telecommunications relay service pursuant to section 4931.35 of	1291
the Revised Code or Title II of the "Communications Act of 1934,"	1292
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1293
made through a telecommunications relay service. Nothing in this	1294
section shall limit the obligation of a communications assistant	1295
to divulge information or testify when mandated by federal law or	1296
regulation or pursuant to subpoena in a criminal proceeding.	1297

Nothing in this section shall limit any immunity or privilege	1298
granted under federal law or regulation.	1299

(J)(1) A chiropractor in a civil proceeding concerning a	1300
communication made to the chiropractor by a patient in that	1301
relation or the chiropractor's advice to a patient, except as	1302
otherwise provided in this division. The testimonial privilege	1303
established under this division does not apply, and a chiropractor	1304
may testify or may be compelled to testify, in any civil action,	1305
in accordance with the discovery provisions of the Rules of Civil	1306
Procedure in connection with a civil action, or in connection with	1307
a claim under Chapter 4123. of the Revised Code, under any of the	1308
following circumstances:	1309

(a) If the patient or the guardian or other legal	1310
representative of the patient gives express consent.	1311

(b) If the patient is deceased, the spouse of the patient or	1312
the executor or administrator of the patient's estate gives	1313
express consent.	1314

(c) If a medical claim, dental claim, chiropractic claim, or	1315
optometric claim, as defined in section 2305.113 of the Revised	1316
Code, an action for wrongful death, any other type of civil	1317
action, or a claim under Chapter 4123. of the Revised Code is	1318
filed by the patient, the personal representative of the estate of	1319
the patient if deceased, or the patient's guardian or other legal	1320
representative.	1321

(2) If the testimonial privilege described in division (J)(1)	1322
of this section does not apply as provided in division (J)(1)(c)	1323
of this section, a chiropractor may be compelled to testify or to	1324
submit to discovery under the Rules of Civil Procedure only as to	1325
a communication made to the chiropractor by the patient in	1326
question in that relation, or the chiropractor's advice to the	1327
patient in question, that related causally or historically to	1328
physical or mental injuries that are relevant to issues in the	1329
medical claim, dental claim, chiropractic claim, or optometric	1330
claim, action for wrongful death, other civil action, or claim	1331
under Chapter 4123. of the Revised Code.	1332

(3) The testimonial privilege established under this division	1333
does not apply, and a chiropractor may testify or be compelled to	1334
testify, in any criminal action or administrative proceeding.	1335

(4) As used in this division, "communication" means	1336
acquiring, recording, or transmitting any information, in any	1337
manner, concerning any facts, opinions, or statements necessary to	1338
enable a chiropractor to diagnose, treat, or act for a patient. A	1339
communication may include, but is not limited to, any	1340
chiropractic, office, or hospital communication such as a record,	1341
chart, letter, memorandum, laboratory test and results, x-ray,	1342
photograph, financial statement, diagnosis, or prognosis.	1343

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	1344
or (3) of this section or as otherwise provided in this section, a	1345
prosecution shall be barred unless it is commenced within the	1346
following periods after an offense is committed:	1347

(a) For a felony, six years;

1348

(b) For a misdemeanor other than a minor misdemeanor, two	1349
years;	1350

(c) For a minor misdemeanor, six months.

1351

(2) There is no period of limitation for the prosecution of a	1352
violation of section 2903.01 or 2903.02 of the Revised Code.	1353

(3) Except as otherwise provided in divisions (B) to (H) of	1354
this section, a prosecution of any of the following offenses shall	1355
be barred unless it is commenced within twenty years after the	1356
offense is committed:	1357

(a) A violation of section 2903.03, 2903.04, 2905.01,	1358
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01,	1359
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	1360
violation of section 2903.11 or 2903.12 of the Revised Code if the	1361
victim is a peace officer, a violation of section 2903.13 of the	1362
Revised Code that is a felony, or a violation of former section	1363
2907.12 of the Revised Code;	1364

(b) A conspiracy to commit, attempt to commit, or complicity	1365
in committing a violation set forth in division (A)(3)(a) of this	1366
section.	1367

(B) If the period of limitation provided in division (A)(1)	1368
or (3) of this section has expired, prosecution shall be commenced	1369
for an offense of which an element is fraud or breach of a	1370
fiduciary duty, within one year after discovery of the offense	1371
either by an aggrieved person, or by the aggrieved person's legal	1372
representative who is not a party to the offense.	1373

(C) If the period of limitation provided in division (A)(1)	1374
or (3) of this section has expired, prosecution shall be commenced	1375
for an offense involving misconduct in office by a public servant	1376
as defined in section 2921.01 of the Revised Code, at any time	1377
while the accused remains a public servant, or within two years	1378
thereafter.	1379

(D) An offense is committed when every element of the offense	1380
occurs. In the case of an offense of which an element is a	1381
continuing course of conduct, the period of limitation does not	1382
begin to run until such course of conduct or the accused's	1383
accountability for it terminates, whichever occurs first.	1384

(E) A prosecution is commenced on the date an indictment is	1385
returned or an information filed, or on the date a lawful arrest	1386
without a warrant is made, or on the date a warrant, summons,	1387
citation, or other process is issued, whichever occurs first. A	1388
prosecution is not commenced by the return of an indictment or the	1389
filing of an information unless reasonable diligence is exercised	1390
to issue and execute process on the same. A prosecution is not	1391
commenced upon issuance of a warrant, summons, citation, or other	1392
process, unless reasonable diligence is exercised to execute the	1393
same.	1394

(F) The period of limitation shall not run during any time	1395
when the corpus delicti remains undiscovered.	1396

(G) The period of limitation shall not run during any time	1397
when the accused purposely avoids prosecution. Proof that the	1398
accused departed this state or concealed the accused's identity or	1399
whereabouts is prima-facie evidence of the accused's purpose to	1400
avoid prosecution.	1401

(H) The period of limitation shall not run during any time a	1402
prosecution against the accused based on the same conduct is	1403
pending in this state, even though the indictment, information, or	1404
process which commenced the prosecution is quashed or the	1405
proceedings thereon are set aside or reversed on appeal.	1406

(I) The period of limitation for a violation of any provision	1407
of Title XXIX of the Revised Code that involves a physical or	1408
mental wound, injury, disability, or condition of a nature that	1409
reasonably indicates abuse or neglect of a child under eighteen	1410
years of age or of a mentally retarded, developmentally disabled,	1411
or physically impaired child under twenty-one years of age shall	1412
not begin to run until either of the following occurs:	1413

(1) The victim of the offense reaches the age of majority.

1414

(2) A public children services agency, or a municipal or	1415
county peace officer that is not the parent or guardian of the	1416
child, in the county in which the child resides or in which the	1417
abuse or neglect is occurring or has occurred has knowledge of or	1418
suspects that the abuse or neglect occurred.	1419

(J) As used in this section, "peace officer" has the same	1420
meaning as in section 2935.01 of the Revised Code.	1421

Sec. 2907.03.  (A) No person shall engage in sexual conduct	1422
with another, not the spouse of the offender, when any of the	1423
following apply:	1424

(1) The offender knowingly coerces the other person to submit	1425
by any means that would prevent resistance by a person of ordinary	1426
resolution.	1427

(2) The offender knows that the other person's ability to	1428
appraise the nature of or control the other person's own conduct	1429
is substantially impaired.	1430

(3) The offender knows that the other person submits because	1431
the other person is unaware that the act is being committed.	1432

(4) The offender knows that the other person submits because	1433
the other person mistakenly identifies the offender as the other	1434
person's spouse.	1435

(5) The offender is the other person's natural or adoptive	1436
parent, or a stepparent, or guardian, custodian, or person in loco	1437
parentis of the other person.	1438

(6) The other person is in custody of law or a patient in a	1439
hospital or other institution, and the offender has supervisory or	1440
disciplinary authority over the other person.	1441

(7) The offender is a teacher, administrator, coach, or other	1442
person in authority employed by or serving in a school for which	1443
the state board of education prescribes minimum standards pursuant	1444
to division (D) of section 3301.07 of the Revised Code, the other	1445
person is enrolled in or attends that school, and the offender is	1446
not enrolled in and does not attend that school.	1447

(8) The other person is a minor, the offender is a teacher,	1448
administrator, coach, or other person in authority employed by or	1449
serving in an institution of higher education, and the other	1450
person is enrolled in or attends that institution.	1451

(9) The other person is a minor, and the offender is the	1452
other person's athletic or other type of coach, is the other	1453
person's instructor, is the leader of a scouting troop of which	1454
the other person is a member, or is a person with temporary or	1455
occasional disciplinary control over the other person.	1456

(10) The offender is a mental health professional, the other	1457
person is a mental health client or patient of the offender, and	1458
the offender induces the other person to submit by falsely	1459
representing to the other person that the sexual conduct is	1460
necessary for mental health treatment purposes.	1461

(11) The other person is confined in a detention facility,	1462
and the offender is an employee of that detention facility.	1463

(12) The other person is a minor, the offender is a cleric,	1464
and the other person is a member of, or attends, the church or	1465
congregation served by the cleric.	1466

(B) Whoever violates this section is guilty of sexual	1467
battery, a felony of the third degree.	1468

(C) As used in this section:

1469

(1) "Cleric" has the same meaning as in section 2317.02 of	1470
the Revised Code.	1471

(2) "Detention facility" has the same meaning as in section	1472
2921.01 of the Revised Code.	1473

(2)(3) "Institution of higher education" means a state	1474
institution of higher education defined in section 3345.011 of the	1475
Revised Code, a private nonprofit college or university located in	1476
this state that possesses a certificate of authorization issued by	1477
the Ohio board of regents pursuant to Chapter 1713. of the Revised	1478
Code, or a school certified under Chapter 3332. of the Revised	1479
Code.	1480

Sec. 5120.173. Any person who is required to report	1481
reasonably suspected abuse or neglect of a child under eighteen	1482
years of age pursuant to division (A) of section 2151.421 of the	1483
Revised Code, any person who is permitted to report or cause a	1484
report to be made of reasonably suspected abuse or neglect of a	1485
child under eighteen years of age pursuant to division (B) of that	1486
section, any person who is required to report suspected abuse or	1487
neglect of a person with mental retardation or a developmental	1488
disability pursuant to division (C) of section 5123.61 of the	1489
Revised Code, and any person who is permitted to report suspected	1490
abuse or neglect of a person with mental retardation or a	1491
developmental disability pursuant to division (F) of that section	1492
and who makes or causes the report to be made, shall direct that	1493
report to the state highway patrol if the child or the person with	1494
mental retardation or a developmental disability is an inmate in	1495
the custody of a state correctional institution. If the state	1496
highway patrol determines after receipt of the report that it is	1497
probable that abuse or neglect of the inmate occurred, the patrol	1498
shall report its findings to the department of rehabilitation and	1499
correction, to the court that sentenced the inmate for the offense	1500
for which the inmate is in the custody of the department, and to	1501
the chairmanchairperson and vice-chairmanvice-chairperson of the	1502
correctional institution inspection committee established by	1503
section 103.71 of the Revised Code.	1504

Section 2. That existing sections 2151.03, 2151.281,	1505
2151.421, 2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2901.13,	1506
2907.03, and 5120.173 of the Revised Code are hereby repealed.	1507

Section 3. (A) As used in this section, "childhood sexual	1508
abuse" has the same meaning as in section 2305.111 of the Revised	1509
Code, as amended by this act, and includes any conduct occurring	1510
prior to the effective date of this act but not earlier than	1511
thirty-five years prior to the effective date of this act that,	1512
had it occurred on or after the effective date of this act, would	1513
be childhood sexual abuse under the definition in section 2305.111	1514
of the Revised Code, as amended by this act. The court need not	1515
find that any person has been convicted of or pleaded guilty to an	1516
offense under Chapter 2907. of the Revised Code that is specified	1517
in that definition in order for the conduct that is the violation	1518
constituting that offense to be childhood sexual abuse for	1519
purposes of this section.	1520

(B) The amendments to section 2305.111 of the Revised Code	1521
made in this act shall apply to all civil actions for assault or	1522
battery brought by a victim of childhood sexual abuse based on	1523
childhood sexual abuse that occurs on or after the effective date	1524
of this act, to all civil actions brought by a victim of childhood	1525
sexual abuse for a claim resulting from childhood sexual abuse	1526
that occurs on or after the effective date of this act, to all	1527
civil actions for assault or battery brought by a victim of	1528
childhood sexual abuse based on childhood sexual abuse that	1529
occurred prior to the effective date of this act in relation to	1530
which a civil action for assault or battery has never been filed	1531
and for which the period of limitations applicable to such a civil	1532
action prior to the effective date of this act has not expired on	1533
the effective date of this act, and to all civil actions brought	1534
by a victim of childhood sexual abuse for a claim resulting from	1535
childhood sexual abuse that occurred prior to the effective date	1536
of this act in relation to which a civil action for that claim has	1537
never been filed and for which the period of limitations	1538
applicable to such a civil action prior to the effective date of	1539
this act has not expired on the effective date of this act.	1540

(C) If a person was the victim of childhood sexual abuse that	1541
occurred prior to the effective date of this act but not earlier	1542
than thirty-five years prior to the effective date of this act,	1543
and if a civil action for assault or battery based on the	1544
childhood sexual abuse has never been filed by the victim and the	1545
period of limitations that was applicable to the assault or	1546
battery has expired on or before the effective date of this act or	1547
a civil action for assault or battery based on the childhood	1548
sexual abuse was filed by the victim and it was dismissed prior	1549
to, or is dismissed on or after, the effective date of this act	1550
because of the expiration of the period of limitations that was	1551
applicable to the assault or battery, notwithstanding the	1552
expiration of the period of limitations that applied to assault or	1553
battery based on childhood sexual abuse, the victim of childhood	1554
sexual abuse may bring an action asserting a claim for assault or	1555
battery based on the childhood sexual abuse within one of the	1556
following periods of time, as applicable:	1557

(1) Except as provided in division (C)(2) of this section, at	1558
any time beginning on the effective date of this act and ending	1559
one year after the effective date of this act;	1560

(2) If a civil action for assault or battery based on the	1561
childhood sexual abuse was filed and it is pending in any court,	1562
including an appellate court, on the effective date of this act,	1563
at any time beginning on the effective date of this act and ending	1564
two years after the effective date of this act.	1565

(D) If a person was the victim of childhood sexual abuse that	1566
occurred prior to the effective date of this act but not earlier	1567
than thirty-five years prior to the effective date of this act,	1568
and if a civil action for a claim resulting from the childhood	1569
sexual abuse has never been filed by the victim and the period of	1570
limitations that was applicable to that claim has expired on or	1571
before the effective date of this act or a civil action for a	1572
claim resulting from the childhood sexual abuse was filed by the	1573
victim and it was dismissed prior to, or is dismissed on or after,	1574
the effective date of this act because of the expiration of the	1575
period of limitations that was applicable to that claim,	1576
notwithstanding the expiration of the period of limitations that	1577
applied to that type of claim resulting from childhood sexual	1578
abuse, the victim of childhood sexual abuse may bring an action	1579
asserting the claim resulting from the childhood sexual abuse	1580
within one of the following periods of time, as applicable:	1581

(1) Except as provided in division (D)(2) of this section,	1582
within the time period specified in division (C)(1) of this	1583
section;	1584

(2) If a civil action for the claim resulting from the	1585
childhood sexual abuse was filed by the victim and it is pending	1586
in any court, including an appellate court, on the effective date	1587
of this act, within the time period specified in division (C)(2)	1588
of this section.	1589

Section 4. Section 2151.421 of the Revised Code is presented	1590
in this act as a composite of the section as amended by both Sub.	1591
S.B. 66 and Sub. S.B. 185 of the 125th General Assembly. Section	1592
2317.02 of the Revised Code is presented in this act as a	1593
composite of the section as amended by Am. Sub. H.B. 374, Am. H.B.	1594
533, and Am. Sub. S.B. 281, all of the 124th General Assembly. The	1595
General Assembly, applying the principle stated in division (B) of	1596
section 1.52 of the Revised Code that amendments are to be	1597
harmonized if reasonably capable of simultaneous operation, finds	1598
that the composites are the resulting versions of the sections in	1599
effect prior to the effective date of the sections as presented in	1600
this act.	1601