As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 327

Representative Combs 

Cosponsors: Representatives Grossman, Domenick 

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A BILL

To amend section 149.43 and to enact sections

1

2921.06, 2921.07, and 2921.08 of the Revised Code

2

to prohibit jury tampering, to exclude jury

3

questionnaires and similar documents from public

4

records requests, to require all attorneys and

5

parties to legal proceedings to return all jury

6

questionnaires and other records or notations

7

containing jurors' names, addresses, and phone

8

numbers to the court at the conclusion of a

9

trial, and to prohibit juror harassment.

10

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

Section 1. That section 149.43 be amended and sections	11
2921.06, 2921.07, and 2921.08 of the Revised Code be enacted to	12
read as follows:	13

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

14

(1) "Public record" means records kept by any public office,	15
including, but not limited to, state, county, city, village,	16
township, and school district units, and records pertaining to the	17
delivery of educational services by an alternative school in this	18
state kept by the nonprofit or for-profit entity operating the	19
alternative school pursuant to section 3313.533 of the Revised	20
Code. "Public record" does not mean any of the following:	21

(a) Medical records;

22

(b) Records pertaining to probation and parole proceedings or	23
to proceedings related to the imposition of community control	24
sanctions and post-release control sanctions;	25

(c) Records pertaining to actions under section 2151.85 and	26
division (C) of section 2919.121 of the Revised Code and to	27
appeals of actions arising under those sections;	28

(d) Records pertaining to adoption proceedings, including the	29
contents of an adoption file maintained by the department of	30
health under section 3705.12 of the Revised Code;	31

(e) Information in a record contained in the putative father	32
registry established by section 3107.062 of the Revised Code,	33
regardless of whether the information is held by the department of	34
job and family services or, pursuant to section 3111.69 of the	35
Revised Code, the office of child support in the department or a	36
child support enforcement agency;	37

(f) Records listed in division (A) of section 3107.42 of the	38
Revised Code or specified in division (A) of section 3107.52 of	39
the Revised Code;	40

(g) Trial preparation records;

41

(h) Confidential law enforcement investigatory records;

42

(i) Records containing information that is confidential under	43
section 2710.03 or 4112.05 of the Revised Code;	44

(j) DNA records stored in the DNA database pursuant to	45
section 109.573 of the Revised Code;	46

(k) Inmate records released by the department of	47
rehabilitation and correction to the department of youth services	48
or a court of record pursuant to division (E) of section 5120.21	49
of the Revised Code;	50

(l) Records maintained by the department of youth services	51
pertaining to children in its custody released by the department	52
of youth services to the department of rehabilitation and	53
correction pursuant to section 5139.05 of the Revised Code;	54

(m) Intellectual property records;

55

(n) Donor profile records;

56

(o) Records maintained by the department of job and family	57
services pursuant to section 3121.894 of the Revised Code;	58

(p) Peace officer, parole officer, prosecuting attorney,	59
assistant prosecuting attorney, correctional employee, youth	60
services employee, firefighter, EMT, or investigator of the	61
bureau of criminal identification and investigation residential	62
and familial information;	63

(q) In the case of a county hospital operated pursuant to	64
Chapter 339. of the Revised Code or a municipal hospital operated	65
pursuant to Chapter 749. of the Revised Code, information that	66
constitutes a trade secret, as defined in section 1333.61 of the	67
Revised Code;	68

(r) Information pertaining to the recreational activities of	69
a person under the age of eighteen;	70

(s) Records provided to, statements made by review board	71
members during meetings of, and all work products of a child	72
fatality review board acting under sections 307.621 to 307.629 of	73
the Revised Code, and child fatality review data submitted by the	74
child fatality review board to the department of health or a	75
national child death review database, other than the report	76
prepared pursuant to division (A) of section 307.626 of the	77
Revised Code;	78

(t) Records provided to and statements made by the executive	79
director of a public children services agency or a prosecuting	80
attorney acting pursuant to section 5153.171 of the Revised Code	81
other than the information released under that section;	82

(u) Test materials, examinations, or evaluation tools used in	83
an examination for licensure as a nursing home administrator that	84
the board of examiners of nursing home administrators administers	85
under section 4751.04 of the Revised Code or contracts under that	86
section with a private or government entity to administer;	87

(v) Records the release of which is prohibited by state or	88
federal law;	89

(w) Proprietary information of or relating to any person that	90
is submitted to or compiled by the Ohio venture capital authority	91
created under section 150.01 of the Revised Code;	92

(x) Information reported and evaluations conducted pursuant	93
to section 3701.072 of the Revised Code;	94

(y) Financial statements and data any person submits for any	95
purpose to the Ohio housing finance agency or the controlling	96
board in connection with applying for, receiving, or accounting	97
for financial assistance from the agency, and information that	98
identifies any individual who benefits directly or indirectly from	99
financial assistance from the agency;	100

(z) Records listed in section 5101.29 of the Revised Code.;

101

(aa) Discharges recorded with a county recorder under section	102
317.24 of the Revised Code, as specified in division (B)(2) of	103
that section;	104

(bb) A jury questionnaire used or obtained by a court to	105
select potential jurors and any list or official document	106
containing the names and addresses of jurors or former jurors.	107

(2) "Confidential law enforcement investigatory record" means	108
any record that pertains to a law enforcement matter of a	109
criminal, quasi-criminal, civil, or administrative nature, but	110
only to the extent that the release of the record would create a	111
high probability of disclosure of any of the following:	112

(a) The identity of a suspect who has not been charged with	113
the offense to which the record pertains, or of an information	114
source or witness to whom confidentiality has been reasonably	115
promised;	116

(b) Information provided by an information source or witness	117
to whom confidentiality has been reasonably promised, which	118
information would reasonably tend to disclose the source's or	119
witness's identity;	120

(c) Specific confidential investigatory techniques or	121
procedures or specific investigatory work product;	122

(d) Information that would endanger the life or physical	123
safety of law enforcement personnel, a crime victim, a witness, or	124
a confidential information source.	125

(3) "Medical record" means any document or combination of	126
documents, except births, deaths, and the fact of admission to or	127
discharge from a hospital, that pertains to the medical history,	128
diagnosis, prognosis, or medical condition of a patient and that	129
is generated and maintained in the process of medical treatment.	130

(4) "Trial preparation record" means any record that contains	131
information that is specifically compiled in reasonable	132
anticipation of, or in defense of, a civil or criminal action or	133
proceeding, including the independent thought processes and	134
personal trial preparation of an attorney.	135

(5) "Intellectual property record" means a record, other than	136
a financial or administrative record, that is produced or	137
collected by or for faculty or staff of a state institution of	138
higher learning in the conduct of or as a result of study or	139
research on an educational, commercial, scientific, artistic,	140
technical, or scholarly issue, regardless of whether the study or	141
research was sponsored by the institution alone or in conjunction	142
with a governmental body or private concern, and that has not been	143
publicly released, published, or patented.	144

(6) "Donor profile record" means all records about donors or	145
potential donors to a public institution of higher education	146
except the names and reported addresses of the actual donors and	147
the date, amount, and conditions of the actual donation.	148

(7) "Peace officer, parole officer, prosecuting attorney,	149
assistant prosecuting attorney, correctional employee, youth	150
services employee, firefighter, EMT, or investigator of the	151
bureau of criminal identification and investigation residential	152
and familial information" means any information that discloses any	153
of the following about a peace officer, parole officer,	154
prosecuting attorney, assistant prosecuting attorney,	155
correctional employee, youth services employee, firefighter,	156
EMT, or investigator of the bureau of criminal identification and	157
investigation:	158

(a) The address of the actual personal residence of a peace	159
officer, parole officer, assistant prosecuting attorney,	160
correctional employee, youth services employee, firefighter, EMT,	161
or an investigator of the bureau of criminal identification and	162
investigation, except for the state or political subdivision in	163
which the peace officer, parole officer, assistant prosecuting	164
attorney, correctional employee, youth services employee,	165
firefighter, EMT, or investigator of the bureau of criminal	166
identification and investigation resides;	167

(b) Information compiled from referral to or participation in	168
an employee assistance program;	169

(c) The social security number, the residential telephone	170
number, any bank account, debit card, charge card, or credit card	171
number, or the emergency telephone number of, or any medical	172
information pertaining to, a peace officer, parole officer,	173
prosecuting attorney, assistant prosecuting attorney, correctional	174
employee, youth services employee, firefighter, EMT, or	175
investigator of the bureau of criminal identification and	176
investigation;	177

(d) The name of any beneficiary of employment benefits,	178
including, but not limited to, life insurance benefits, provided	179
to a peace officer, parole officer, prosecuting attorney,	180
assistant prosecuting attorney, correctional employee, youth	181
services employee, firefighter, EMT, or investigator of the	182
bureau of criminal identification and investigation by the peace	183
officer's, parole officer's, prosecuting attorney's, assistant	184
prosecuting attorney's, correctional employee's, youth services	185
employee's, firefighter's, EMT's, or investigator of the bureau	186
of criminal identification and investigation's employer;	187

(e) The identity and amount of any charitable or employment	188
benefit deduction made by the peace officer's, parole officer's,	189
prosecuting attorney's, assistant prosecuting attorney's,	190
correctional employee's, youth services employee's, firefighter's,	191
EMT's, or investigator of the bureau of criminal identification	192
and investigation's employer from the peace officer's, parole	193
officer's, prosecuting attorney's, assistant prosecuting	194
attorney's, correctional employee's, youth services employee's,	195
firefighter's, EMT's, or investigator of the bureau of criminal	196
identification and investigation's compensation unless the amount	197
of the deduction is required by state or federal law;	198

(f) The name, the residential address, the name of the	199
employer, the address of the employer, the social security number,	200
the residential telephone number, any bank account, debit card,	201
charge card, or credit card number, or the emergency telephone	202
number of the spouse, a former spouse, or any child of a peace	203
officer, parole officer, prosecuting attorney, assistant	204
prosecuting attorney, correctional employee, youth services	205
employee, firefighter, EMT, or investigator of the bureau of	206
criminal identification and investigation;	207

(g) A photograph of a peace officer who holds a position or	208
has an assignment that may include undercover or plain clothes	209
positions or assignments as determined by the peace officer's	210
appointing authority.	211

As used in divisions (A)(7) and (B)(9) of this section,	212
"peace officer" has the same meaning as in section 109.71 of the	213
Revised Code and also includes the superintendent and troopers of	214
the state highway patrol; it does not include the sheriff of a	215
county or a supervisory employee who, in the absence of the	216
sheriff, is authorized to stand in for, exercise the authority of,	217
and perform the duties of the sheriff.	218

As used in divisions (A)(7) and (B)(5) of this section,	219
"correctional employee" means any employee of the department of	220
rehabilitation and correction who in the course of performing the	221
employee's job duties has or has had contact with inmates and	222
persons under supervision.	223

As used in divisions (A)(7) and (B)(5) of this section,	224
"youth services employee" means any employee of the department of	225
youth services who in the course of performing the employee's job	226
duties has or has had contact with children committed to the	227
custody of the department of youth services.	228

As used in divisions (A)(7) and (B)(9) of this section,	229
"firefighter" means any regular, paid or volunteer, member of a	230
lawfully constituted fire department of a municipal corporation,	231
township, fire district, or village.	232

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	233
means EMTs-basic, EMTs-I, and paramedics that provide emergency	234
medical services for a public emergency medical service	235
organization. "Emergency medical service organization,"	236
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	237
section 4765.01 of the Revised Code.	238

As used in divisions (A)(7) and (B)(9) of this section,	239
"investigator of the bureau of criminal identification and	240
investigation" has the meaning defined in section 2903.11 of the	241
Revised Code.	242

(8) "Information pertaining to the recreational activities of	243
a person under the age of eighteen" means information that is kept	244
in the ordinary course of business by a public office, that	245
pertains to the recreational activities of a person under the age	246
of eighteen years, and that discloses any of the following:	247

(a) The address or telephone number of a person under the age	248
of eighteen or the address or telephone number of that person's	249
parent, guardian, custodian, or emergency contact person;	250

(b) The social security number, birth date, or photographic	251
image of a person under the age of eighteen;	252

(c) Any medical record, history, or information pertaining to	253
a person under the age of eighteen;	254

(d) Any additional information sought or required about a	255
person under the age of eighteen for the purpose of allowing that	256
person to participate in any recreational activity conducted or	257
sponsored by a public office or to use or obtain admission	258
privileges to any recreational facility owned or operated by a	259
public office.	260

(9) "Community control sanction" has the same meaning as in	261
section 2929.01 of the Revised Code.	262

(10) "Post-release control sanction" has the same meaning as	263
in section 2967.01 of the Revised Code.	264

(11) "Redaction" means obscuring or deleting any information	265
that is exempt from the duty to permit public inspection or	266
copying from an item that otherwise meets the definition of a	267
"record" in section 149.011 of the Revised Code.	268

(12) "Designee" and "elected official" have the same meanings	269
as in section 109.43 of the Revised Code.	270

(B)(1) Upon request and subject to division (B)(8) of this	271
section, all public records responsive to the request shall be	272
promptly prepared and made available for inspection to any person	273
at all reasonable times during regular business hours. Subject to	274
division (B)(8) of this section, upon request, a public office or	275
person responsible for public records shall make copies of the	276
requested public record available at cost and within a reasonable	277
period of time. If a public record contains information that is	278
exempt from the duty to permit public inspection or to copy the	279
public record, the public office or the person responsible for the	280
public record shall make available all of the information within	281
the public record that is not exempt. When making that public	282
record available for public inspection or copying that public	283
record, the public office or the person responsible for the public	284
record shall notify the requester of any redaction or make the	285
redaction plainly visible. A redaction shall be deemed a denial of	286
a request to inspect or copy the redacted information, except if	287
federal or state law authorizes or requires a public office to	288
make the redaction.	289

(2) To facilitate broader access to public records, a public	290
office or the person responsible for public records shall organize	291
and maintain public records in a manner that they can be made	292
available for inspection or copying in accordance with division	293
(B) of this section. A public office also shall have available a	294
copy of its current records retention schedule at a location	295
readily available to the public. If a requester makes an ambiguous	296
or overly broad request or has difficulty in making a request for	297
copies or inspection of public records under this section such	298
that the public office or the person responsible for the requested	299
public record cannot reasonably identify what public records are	300
being requested, the public office or the person responsible for	301
the requested public record may deny the request but shall provide	302
the requester with an opportunity to revise the request by	303
informing the requester of the manner in which records are	304
maintained by the public office and accessed in the ordinary	305
course of the public office's or person's duties.	306

(3) If a request is ultimately denied, in part or in whole,	307
the public office or the person responsible for the requested	308
public record shall provide the requester with an explanation,	309
including legal authority, setting forth why the request was	310
denied. If the initial request was provided in writing, the	311
explanation also shall be provided to the requester in writing.	312
The explanation shall not preclude the public office or the person	313
responsible for the requested public record from relying upon	314
additional reasons or legal authority in defending an action	315
commenced under division (C) of this section.	316

(4) Unless specifically required or authorized by state or	317
federal law or in accordance with division (B) of this section, no	318
public office or person responsible for public records may limit	319
or condition the availability of public records by requiring	320
disclosure of the requester's identity or the intended use of the	321
requested public record. Any requirement that the requester	322
disclose the requestor's identity or the intended use of the	323
requested public record constitutes a denial of the request.	324

(5) A public office or person responsible for public records	325
may ask a requester to make the request in writing, may ask for	326
the requester's identity, and may inquire about the intended use	327
of the information requested, but may do so only after disclosing	328
to the requester that a written request is not mandatory and that	329
the requester may decline to reveal the requester's identity or	330
the intended use and when a written request or disclosure of the	331
identity or intended use would benefit the requester by enhancing	332
the ability of the public office or person responsible for public	333
records to identify, locate, or deliver the public records sought	334
by the requester.	335

(6) If any person chooses to obtain a copy of a public record	336
in accordance with division (B) of this section, the public office	337
or person responsible for the public record may require that	338
person to pay in advance the cost involved in providing the copy	339
of the public record in accordance with the choice made by the	340
person seeking the copy under this division. The public office or	341
the person responsible for the public record shall permit that	342
person to choose to have the public record duplicated upon paper,	343
upon the same medium upon which the public office or person	344
responsible for the public record keeps it, or upon any other	345
medium upon which the public office or person responsible for the	346
public record determines that it reasonably can be duplicated as	347
an integral part of the normal operations of the public office or	348
person responsible for the public record. When the person seeking	349
the copy makes a choice under this division, the public office or	350
person responsible for the public record shall provide a copy of	351
it in accordance with the choice made by the person seeking the	352
copy. Nothing in this section requires a public office or person	353
responsible for the public record to allow the person seeking a	354
copy of the public record to make the copies of the public record.	355

(7) Upon a request made in accordance with division (B) of	356
this section and subject to division (B)(6) of this section, a	357
public office or person responsible for public records shall	358
transmit a copy of a public record to any person by United States	359
mail or by any other means of delivery or transmission within a	360
reasonable period of time after receiving the request for the	361
copy. The public office or person responsible for the public	362
record may require the person making the request to pay in advance	363
the cost of postage if the copy is transmitted by United States	364
mail or the cost of delivery if the copy is transmitted other than	365
by United States mail, and to pay in advance the costs incurred	366
for other supplies used in the mailing, delivery, or transmission.	367

Any public office may adopt a policy and procedures that it	368
will follow in transmitting, within a reasonable period of time	369
after receiving a request, copies of public records by United	370
States mail or by any other means of delivery or transmission	371
pursuant to this division. A public office that adopts a policy	372
and procedures under this division shall comply with them in	373
performing its duties under this division.	374

In any policy and procedures adopted under this division, a	375
public office may limit the number of records requested by a	376
person that the office will transmit by United States mail to ten	377
per month, unless the person certifies to the office in writing	378
that the person does not intend to use or forward the requested	379
records, or the information contained in them, for commercial	380
purposes. For purposes of this division, "commercial" shall be	381
narrowly construed and does not include reporting or gathering	382
news, reporting or gathering information to assist citizen	383
oversight or understanding of the operation or activities of	384
government, or nonprofit educational research.	385

(8) A public office or person responsible for public records	386
is not required to permit a person who is incarcerated pursuant to	387
a criminal conviction or a juvenile adjudication to inspect or to	388
obtain a copy of any public record concerning a criminal	389
investigation or prosecution or concerning what would be a	390
criminal investigation or prosecution if the subject of the	391
investigation or prosecution were an adult, unless the request to	392
inspect or to obtain a copy of the record is for the purpose of	393
acquiring information that is subject to release as a public	394
record under this section and the judge who imposed the sentence	395
or made the adjudication with respect to the person, or the	396
judge's successor in office, finds that the information sought in	397
the public record is necessary to support what appears to be a	398
justiciable claim of the person.	399

(9) Upon written request made and signed by a journalist on	400
or after December 16, 1999, a public office, or person responsible	401
for public records, having custody of the records of the agency	402
employing a specified peace officer, parole officer, prosecuting	403
attorney, assistant prosecuting attorney, correctional employee,	404
youth services employee, firefighter, EMT, or investigator of the	405
bureau of criminal identification and investigation shall disclose	406
to the journalist the address of the actual personal residence of	407
the peace officer, parole officer, prosecuting attorney,	408
assistant prosecuting attorney, correctional employee, youth	409
services employee, firefighter, EMT, or investigator of the	410
bureau of criminal identification and investigation and, if the	411
peace officer's, parole officer's, prosecuting attorney's,	412
assistant prosecuting attorney's, correctional employee's, youth	413
services employee's, firefighter's, EMT's, or investigator of the	414
bureau of criminal identification and investigation's spouse,	415
former spouse, or child is employed by a public office, the name	416
and address of the employer of the peace officer's, parole	417
officer's, prosecuting attorney's, assistant prosecuting	418
attorney's, correctional employee's, youth services employee's,	419
firefighter's, EMT's, or investigator of the bureau of criminal	420
identification and investigation's spouse, former spouse, or	421
child. The request shall include the journalist's name and title	422
and the name and address of the journalist's employer and shall	423
state that disclosure of the information sought would be in the	424
public interest.	425

As used in this division, "journalist" means a person engaged	426
in, connected with, or employed by any news medium, including a	427
newspaper, magazine, press association, news agency, or wire	428
service, a radio or television station, or a similar medium, for	429
the purpose of gathering, processing, transmitting, compiling,	430
editing, or disseminating information for the general public.	431

(C)(1) If a person allegedly is aggrieved by the failure of a	432
public office or the person responsible for public records to	433
promptly prepare a public record and to make it available to the	434
person for inspection in accordance with division (B) of this	435
section or by any other failure of a public office or the person	436
responsible for public records to comply with an obligation in	437
accordance with division (B) of this section, the person allegedly	438
aggrieved may commence a mandamus action to obtain a judgment that	439
orders the public office or the person responsible for the public	440
record to comply with division (B) of this section, that awards	441
court costs and reasonable attorney's fees to the person that	442
instituted the mandamus action, and, if applicable, that includes	443
an order fixing statutory damages under division (C)(1) of this	444
section. The mandamus action may be commenced in the court of	445
common pleas of the county in which division (B) of this section	446
allegedly was not complied with, in the supreme court pursuant to	447
its original jurisdiction under Section 2 of Article IV, Ohio	448
Constitution, or in the court of appeals for the appellate	449
district in which division (B) of this section allegedly was not	450
complied with pursuant to its original jurisdiction under Section	451
3 of Article IV, Ohio Constitution.	452

If a requestor transmits a written request by hand delivery	453
or certified mail to inspect or receive copies of any public	454
record in a manner that fairly describes the public record or	455
class of public records to the public office or person responsible	456
for the requested public records, except as otherwise provided in	457
this section, the requestor shall be entitled to recover the	458
amount of statutory damages set forth in this division if a court	459
determines that the public office or the person responsible for	460
public records failed to comply with an obligation in accordance	461
with division (B) of this section.	462

The amount of statutory damages shall be fixed at one hundred	463
dollars for each business day during which the public office or	464
person responsible for the requested public records failed to	465
comply with an obligation in accordance with division (B) of this	466
section, beginning with the day on which the requester files a	467
mandamus action to recover statutory damages, up to a maximum of	468
one thousand dollars. The award of statutory damages shall not be	469
construed as a penalty, but as compensation for injury arising	470
from lost use of the requested information. The existence of this	471
injury shall be conclusively presumed. The award of statutory	472
damages shall be in addition to all other remedies authorized by	473
this section.	474

The court may reduce an award of statutory damages or not	475
award statutory damages if the court determines both of the	476
following:	477

(a) That, based on the ordinary application of statutory law	478
and case law as it existed at the time of the conduct or	479
threatened conduct of the public office or person responsible for	480
the requested public records that allegedly constitutes a failure	481
to comply with an obligation in accordance with division (B) of	482
this section and that was the basis of the mandamus action, a	483
well-informed public office or person responsible for the	484
requested public records reasonably would believe that the conduct	485
or threatened conduct of the public office or person responsible	486
for the requested public records did not constitute a failure to	487
comply with an obligation in accordance with division (B) of this	488
section;	489

(b) That a well-informed public office or person responsible	490
for the requested public records reasonably would believe that the	491
conduct or threatened conduct of the public office or person	492
responsible for the requested public records would serve the	493
public policy that underlies the authority that is asserted as	494
permitting that conduct or threatened conduct.	495

(2)(a) If the court issues a writ of mandamus that orders the	496
public office or the person responsible for the public record to	497
comply with division (B) of this section and determines that the	498
circumstances described in division (C)(1) of this section exist,	499
the court shall determine and award to the relator all court	500
costs.	501

(b) If the court renders a judgment that orders the public	502
office or the person responsible for the public record to comply	503
with division (B) of this section, the court may award reasonable	504
attorney's fees subject to reduction as described in division	505
(C)(2)(c) of this section. The court shall award reasonable	506
attorney's fees, subject to reduction as described in division	507
(C)(2)(c) of this section when either of the following applies:	508

(i) The public office or the person responsible for the	509
public records failed to respond affirmatively or negatively to	510
the public records request in accordance with the time allowed	511
under division (B) of this section.	512

(ii) The public office or the person responsible for the	513
public records promised to permit the relator to inspect or	514
receive copies of the public records requested within a specified	515
period of time but failed to fulfill that promise within that	516
specified period of time.	517

(c) Court costs and reasonable attorney's fees awarded under	518
this section shall be construed as remedial and not punitive.	519
Reasonable attorney's fees shall include reasonable fees incurred	520
to produce proof of the reasonableness and amount of the fees and	521
to otherwise litigate entitlement to the fees. The court may	522
reduce an award of attorney's fees to the relator or not award	523
attorney's fees to the relator if the court determines both of the	524
following:	525

(i) That, based on the ordinary application of statutory law	526
and case law as it existed at the time of the conduct or	527
threatened conduct of the public office or person responsible for	528
the requested public records that allegedly constitutes a failure	529
to comply with an obligation in accordance with division (B) of	530
this section and that was the basis of the mandamus action, a	531
well-informed public office or person responsible for the	532
requested public records reasonably would believe that the conduct	533
or threatened conduct of the public office or person responsible	534
for the requested public records did not constitute a failure to	535
comply with an obligation in accordance with division (B) of this	536
section;	537

(ii) That a well-informed public office or person responsible	538
for the requested public records reasonably would believe that the	539
conduct or threatened conduct of the public office or person	540
responsible for the requested public records as described in	541
division (C)(2)(c)(i) of this section would serve the public	542
policy that underlies the authority that is asserted as permitting	543
that conduct or threatened conduct.	544

(D) Chapter 1347. of the Revised Code does not limit the	545
provisions of this section.	546

(E)(1) To ensure that all employees of public offices are	547
appropriately educated about a public office's obligations under	548
division (B) of this section, all elected officials or their	549
appropriate designees shall attend training approved by the	550
attorney general as provided in section 109.43 of the Revised	551
Code. In addition, all public offices shall adopt a public records	552
policy in compliance with this section for responding to public	553
records requests. In adopting a public records policy under this	554
division, a public office may obtain guidance from the model	555
public records policy developed and provided to the public office	556
by the attorney general under section 109.43 of the Revised Code.	557
Except as otherwise provided in this section, the policy may not	558
limit the number of public records that the public office will	559
make available to a single person, may not limit the number of	560
public records that it will make available during a fixed period	561
of time, and may not establish a fixed period of time before it	562
will respond to a request for inspection or copying of public	563
records, unless that period is less than eight hours.	564

(2) The public office shall distribute the public records	565
policy adopted by the public office under division (E)(1) of this	566
section to the employee of the public office who is the records	567
custodian or records manager or otherwise has custody of the	568
records of that office. The public office shall require that	569
employee to acknowledge receipt of the copy of the public records	570
policy. The public office shall create a poster that describes its	571
public records policy and shall post the poster in a conspicuous	572
place in the public office and in all locations where the public	573
office has branch offices. The public office may post its public	574
records policy on the internet web site of the public office if	575
the public office maintains an internet web site. A public office	576
that has established a manual or handbook of its general policies	577
and procedures for all employees of the public office shall	578
include the public records policy of the public office in the	579
manual or handbook.	580

(F)(1) The bureau of motor vehicles may adopt rules pursuant	581
to Chapter 119. of the Revised Code to reasonably limit the number	582
of bulk commercial special extraction requests made by a person	583
for the same records or for updated records during a calendar	584
year. The rules may include provisions for charges to be made for	585
bulk commercial special extraction requests for the actual cost of	586
the bureau, plus special extraction costs, plus ten per cent. The	587
bureau may charge for expenses for redacting information, the	588
release of which is prohibited by law.	589

(2) As used in division (F)(1) of this section:

590

(a) "Actual cost" means the cost of depleted supplies,	591
records storage media costs, actual mailing and alternative	592
delivery costs, or other transmitting costs, and any direct	593
equipment operating and maintenance costs, including actual costs	594
paid to private contractors for copying services.	595

(b) "Bulk commercial special extraction request" means a	596
request for copies of a record for information in a format other	597
than the format already available, or information that cannot be	598
extracted without examination of all items in a records series,	599
class of records, or data base by a person who intends to use or	600
forward the copies for surveys, marketing, solicitation, or resale	601
for commercial purposes. "Bulk commercial special extraction	602
request" does not include a request by a person who gives	603
assurance to the bureau that the person making the request does	604
not intend to use or forward the requested copies for surveys,	605
marketing, solicitation, or resale for commercial purposes.	606

(c) "Commercial" means profit-seeking production, buying, or	607
selling of any good, service, or other product.	608

(d) "Special extraction costs" means the cost of the time	609
spent by the lowest paid employee competent to perform the task,	610
the actual amount paid to outside private contractors employed by	611
the bureau, or the actual cost incurred to create computer	612
programs to make the special extraction. "Special extraction	613
costs" include any charges paid to a public agency for computer or	614
records services.	615

(3) For purposes of divisions (F)(1) and (2) of this section,	616
"surveys, marketing, solicitation, or resale for commercial	617
purposes" shall be narrowly construed and does not include	618
reporting or gathering news, reporting or gathering information to	619
assist citizen oversight or understanding of the operation or	620
activities of government, or nonprofit educational research.	621

Sec. 2921.06. (A) A jury questionnaire used or obtained by a	622
court to select potential jurors and any list or official	623
document containing the names and addresses of jurors or former	624
jurors is confidential and is not a public record under section	625
149.43 of the Revised Code. No person shall knowingly disseminate	626
any jury questionnaire or list or official document containing	627
the names and addresses of jurors or former jurors.	628

(B) At the conclusion of a trial, each attorney and party to	629
the legal proceeding shall return to the court all jury	630
questionnaires and other records, documents, and notations that	631
contain a juror's name, address, or telephone number.	632

(C) This section does not apply to any judge or any member of	633
the judge's staff acting on behalf of the judge, or to court	634
personnel, acting in anticipation of or in preparation for legal	635
proceedings.	636

(D) Whoever violates this section is guilty of invasion of	637
juror privacy, a minor misdemeanor on the first offense and a	638
misdemeanor of the second degree on each subsequent offense.	639

Sec. 2921.07. (A) No person, outside of official courtroom	640
proceedings and with regard to the performance of the juror's	641
official duties, shall knowingly attempt to tamper with,	642
influence, intimidate, or pressure a juror who will be entering	643
into, has already commenced, or has completed the jury	644
deliberation process.	645

(B) Whoever violates this section is guilty of jury	646
tampering, a felony of the third degree.	647

Sec. 2921.08. (A) No person shall knowingly harass a juror or	648
former juror for the purpose of obtaining information regarding	649
the deliberations of a jury on which the juror or former juror	650
serves or served or regarding information about the means by which	651
or the reasons why the jury reached its verdict.	652

(B) In a prosecution under this section, the trier of fact	653
may infer that the accused acted knowingly if the accused	654
continued to attempt to obtain information from the juror or	655
former juror after the juror or former juror notified the accused	656
that the juror or former juror did not want to discuss the jury	657
deliberations.	658

(C) Whoever violates this section is guilty of juror	659
harassment, a misdemeanor of the first degree on the first offense	660
and a felony of the fifth degree on each subsequent offense.	661

Section 2. That existing section 149.43 of the Revised Code	662
is hereby repealed.	663