As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 429

Representatives Harris, Lehner 

Cosponsors: Representatives Hagan, Domenick, Lundy, Stewart, Dyer, Brown, Foley, Luckie, Yuko, Garland, Pillich 

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A BILL

To amend sections 121.22, 149.43, 2919.25, 2919.27,

1

2923.13, 2935.03, 2935.032, and 4731.22 and to

2

enact sections 109.44, 307.6210, 307.6211,

3

307.6212, 307.6213, 307.6214, 307.6215, 307.6216,

4

307.6217, 307.6218, and 3701.048 of the Revised

5

Code to increase the penalties for domestic

6

violence, to authorize a court to issue a

7

protection order against a person convicted of

8

domestic violence and to prohibit violation of

9

such a protection order, to require a peace

10

officer who has reasonable grounds to believe that

11

a violation of a protection order has been

12

committed to arrest any person who the peace

13

officer has reasonable cause to believe is guilty

14

of the violation, to require an offender who

15

commits domestic violence to meet periodically

16

with the sentencing judge and attend a batterer

17

intervention program, to authorize a board of

18

county commissioners to create a domestic violence

19

fatality review board, and to require the Attorney

20

General to track the issuance and violation of

21

protection orders.

22

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

Section 1.  That sections 121.22, 149.43, 2919.25, 2919.27,	23
2923.13, 2935.03, 2935.032, and 4731.22 be amended and sections	24
109.44, 307.6210, 307.6211, 307.6212, 307.6213, 307.6214,	25
307.6215, 307.6216, 307.6217, 307.6218, and 3701.048 of the	26
Revised Code be enacted to read as follows:	27

Sec. 109.44.  The attorney general shall collect data on the	28
number of civil and criminal protection orders issued in each	29
county for the protection of victims of domestic violence and the	30
number of violations in each county of civil and criminal	31
protection orders issued for the protection of victims of domestic	32
violence and annually shall report the data to the supreme court,	33
to the prosecuting attorney of each county, and to each domestic	34
violence fatality review board established or recognized under	35
section 307.6211 of the Revised Code. The report shall include	36
information on which law enforcement agencies are complying with	37
the reporting requirements contained in section 3113.32 of the	38
Revised Code.	39

Sec. 121.22.  (A) This section shall be liberally construed	40
to require public officials to take official action and to conduct	41
all deliberations upon official business only in open meetings	42
unless the subject matter is specifically excepted by law.	43

(B) As used in this section:

44

(1) "Public body" means any of the following:

45

(a) Any board, commission, committee, council, or similar	46
decision-making body of a state agency, institution, or authority,	47
and any legislative authority or board, commission, committee,	48
council, agency, authority, or similar decision-making body of any	49
county, township, municipal corporation, school district, or other	50
political subdivision or local public institution;	51

(b) Any committee or subcommittee of a body described in	52
division (B)(1)(a) of this section;	53

(c) A court of jurisdiction of a sanitary district organized	54
wholly for the purpose of providing a water supply for domestic,	55
municipal, and public use when meeting for the purpose of the	56
appointment, removal, or reappointment of a member of the board of	57
directors of such a district pursuant to section 6115.10 of the	58
Revised Code, if applicable, or for any other matter related to	59
such a district other than litigation involving the district. As	60
used in division (B)(1)(c) of this section, "court of	61
jurisdiction" has the same meaning as "court" in section 6115.01	62
of the Revised Code.	63

(2) "Meeting" means any prearranged discussion of the public	64
business of the public body by a majority of its members.	65

(3) "Regulated individual" means either of the following:

66

(a) A student in a state or local public educational	67
institution;	68

(b) A person who is, voluntarily or involuntarily, an inmate,	69
patient, or resident of a state or local institution because of	70
criminal behavior, mental illness or retardation, disease,	71
disability, age, or other condition requiring custodial care.	72

(4) "Public office" has the same meaning as in section	73
149.011 of the Revised Code.	74

(C) All meetings of any public body are declared to be public	75
meetings open to the public at all times. A member of a public	76
body shall be present in person at a meeting open to the public to	77
be considered present or to vote at the meeting and for purposes	78
of determining whether a quorum is present at the meeting.	79

The minutes of a regular or special meeting of any public	80
body shall be promptly prepared, filed, and maintained and shall	81
be open to public inspection. The minutes need only reflect the	82
general subject matter of discussions in executive sessions	83
authorized under division (G) or (J) of this section.	84

(D) This section does not apply to any of the following:

85

(1) A grand jury;

86

(2) An audit conference conducted by the auditor of state or	87
independent certified public accountants with officials of the	88
public office that is the subject of the audit;	89

(3) The adult parole authority when its hearings are	90
conducted at a correctional institution for the sole purpose of	91
interviewing inmates to determine parole or pardon;	92

(4) The organized crime investigations commission established	93
under section 177.01 of the Revised Code;	94

(5) Meetings of a child fatality review board established	95
under section 307.621 of the Revised Code, meetings of a domestic	96
violence fatality review board established or recognized under	97
section 307.6211 of the Revised Code, and meetings conducted	98
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	99

(6) The state medical board when determining whether to	100
suspend a certificate without a prior hearing pursuant to division	101
(G) of either section 4730.25 or 4731.22 of the Revised Code;	102

(7) The board of nursing when determining whether to suspend	103
a license or certificate without a prior hearing pursuant to	104
division (B) of section 4723.281 of the Revised Code;	105

(8) The state board of pharmacy when determining whether to	106
suspend a license without a prior hearing pursuant to division (D)	107
of section 4729.16 of the Revised Code;	108

(9) The state chiropractic board when determining whether to	109
suspend a license without a hearing pursuant to section 4734.37 of	110
the Revised Code.	111

(10) The executive committee of the emergency response	112
commission when determining whether to issue an enforcement order	113
or request that a civil action, civil penalty action, or criminal	114
action be brought to enforce Chapter 3750. of the Revised Code.	115

(E) The controlling board, the development financing advisory	116
council, the industrial technology and enterprise advisory	117
council, the tax credit authority, or the minority development	118
financing advisory board, when meeting to consider granting	119
assistance pursuant to Chapter 122. or 166. of the Revised Code,	120
in order to protect the interest of the applicant or the possible	121
investment of public funds, by unanimous vote of all board,	122
council, or authority members present, may close the meeting	123
during consideration of the following information confidentially	124
received by the authority, council, or board from the applicant:	125

(1) Marketing plans;

126

(2) Specific business strategy;

127

(3) Production techniques and trade secrets;

128

(4) Financial projections;

129

(5) Personal financial statements of the applicant or members	130
of the applicant's immediate family, including, but not limited	131
to, tax records or other similar information not open to public	132
inspection.	133

The vote by the authority, council, or board to accept or	134
reject the application, as well as all proceedings of the	135
authority, council, or board not subject to this division, shall	136
be open to the public and governed by this section.	137

(F) Every public body, by rule, shall establish a reasonable	138
method whereby any person may determine the time and place of all	139
regularly scheduled meetings and the time, place, and purpose of	140
all special meetings. A public body shall not hold a special	141
meeting unless it gives at least twenty-four hours' advance notice	142
to the news media that have requested notification, except in the	143
event of an emergency requiring immediate official action. In the	144
event of an emergency, the member or members calling the meeting	145
shall notify the news media that have requested notification	146
immediately of the time, place, and purpose of the meeting.	147

The rule shall provide that any person, upon request and	148
payment of a reasonable fee, may obtain reasonable advance	149
notification of all meetings at which any specific type of public	150
business is to be discussed. Provisions for advance notification	151
may include, but are not limited to, mailing the agenda of	152
meetings to all subscribers on a mailing list or mailing notices	153
in self-addressed, stamped envelopes provided by the person.	154

(G) Except as provided in division (J) of this section, the	155
members of a public body may hold an executive session only after	156
a majority of a quorum of the public body determines, by a roll	157
call vote, to hold an executive session and only at a regular or	158
special meeting for the sole purpose of the consideration of any	159
of the following matters:	160

(1) To consider the appointment, employment, dismissal,	161
discipline, promotion, demotion, or compensation of a public	162
employee or official, or the investigation of charges or	163
complaints against a public employee, official, licensee, or	164
regulated individual, unless the public employee, official,	165
licensee, or regulated individual requests a public hearing.	166
Except as otherwise provided by law, no public body shall hold an	167
executive session for the discipline of an elected official for	168
conduct related to the performance of the elected official's	169
official duties or for the elected official's removal from office.	170
If a public body holds an executive session pursuant to division	171
(G)(1) of this section, the motion and vote to hold that executive	172
session shall state which one or more of the approved purposes	173
listed in division (G)(1) of this section are the purposes for	174
which the executive session is to be held, but need not include	175
the name of any person to be considered at the meeting.	176

(2) To consider the purchase of property for public purposes,	177
or for the sale of property at competitive bidding, if premature	178
disclosure of information would give an unfair competitive or	179
bargaining advantage to a person whose personal, private interest	180
is adverse to the general public interest. No member of a public	181
body shall use division (G)(2) of this section as a subterfuge for	182
providing covert information to prospective buyers or sellers. A	183
purchase or sale of public property is void if the seller or buyer	184
of the public property has received covert information from a	185
member of a public body that has not been disclosed to the general	186
public in sufficient time for other prospective buyers and sellers	187
to prepare and submit offers.	188

If the minutes of the public body show that all meetings and	189
deliberations of the public body have been conducted in compliance	190
with this section, any instrument executed by the public body	191
purporting to convey, lease, or otherwise dispose of any right,	192
title, or interest in any public property shall be conclusively	193
presumed to have been executed in compliance with this section	194
insofar as title or other interest of any bona fide purchasers,	195
lessees, or transferees of the property is concerned.	196

(3) Conferences with an attorney for the public body	197
concerning disputes involving the public body that are the subject	198
of pending or imminent court action;	199

(4) Preparing for, conducting, or reviewing negotiations or	200
bargaining sessions with public employees concerning their	201
compensation or other terms and conditions of their employment;	202

(5) Matters required to be kept confidential by federal law	203
or regulations or state statutes;	204

(6) Details relative to the security arrangements and	205
emergency response protocols for a public body or a public office,	206
if disclosure of the matters discussed could reasonably be	207
expected to jeopardize the security of the public body or public	208
office;	209

(7) In the case of a county hospital operated pursuant to	210
Chapter 339. of the Revised Code, a joint township hospital	211
operated pursuant to Chapter 513. of the Revised Code, or a	212
municipal hospital operated pursuant to Chapter 749. of the	213
Revised Code, to consider trade secrets, as defined in section	214
1333.61 of the Revised Code.	215

If a public body holds an executive session to consider any	216
of the matters listed in divisions (G)(2) to (7) of this section,	217
the motion and vote to hold that executive session shall state	218
which one or more of the approved matters listed in those	219
divisions are to be considered at the executive session.	220

A public body specified in division (B)(1)(c) of this section	221
shall not hold an executive session when meeting for the purposes	222
specified in that division.	223

(H) A resolution, rule, or formal action of any kind is	224
invalid unless adopted in an open meeting of the public body. A	225
resolution, rule, or formal action adopted in an open meeting that	226
results from deliberations in a meeting not open to the public is	227
invalid unless the deliberations were for a purpose specifically	228
authorized in division (G) or (J) of this section and conducted at	229
an executive session held in compliance with this section. A	230
resolution, rule, or formal action adopted in an open meeting is	231
invalid if the public body that adopted the resolution, rule, or	232
formal action violated division (F) of this section.	233

(I)(1) Any person may bring an action to enforce this	234
section. An action under division (I)(1) of this section shall be	235
brought within two years after the date of the alleged violation	236
or threatened violation. Upon proof of a violation or threatened	237
violation of this section in an action brought by any person, the	238
court of common pleas shall issue an injunction to compel the	239
members of the public body to comply with its provisions.	240

(2)(a) If the court of common pleas issues an injunction	241
pursuant to division (I)(1) of this section, the court shall order	242
the public body that it enjoins to pay a civil forfeiture of five	243
hundred dollars to the party that sought the injunction and shall	244
award to that party all court costs and, subject to reduction as	245
described in division (I)(2) of this section, reasonable	246
attorney's fees. The court, in its discretion, may reduce an award	247
of attorney's fees to the party that sought the injunction or not	248
award attorney's fees to that party if the court determines both	249
of the following:	250

(i) That, based on the ordinary application of statutory law	251
and case law as it existed at the time of violation or threatened	252
violation that was the basis of the injunction, a well-informed	253
public body reasonably would believe that the public body was not	254
violating or threatening to violate this section;	255

(ii) That a well-informed public body reasonably would	256
believe that the conduct or threatened conduct that was the basis	257
of the injunction would serve the public policy that underlies the	258
authority that is asserted as permitting that conduct or	259
threatened conduct.	260

(b) If the court of common pleas does not issue an injunction	261
pursuant to division (I)(1) of this section and the court	262
determines at that time that the bringing of the action was	263
frivolous conduct, as defined in division (A) of section 2323.51	264
of the Revised Code, the court shall award to the public body all	265
court costs and reasonable attorney's fees, as determined by the	266
court.	267

(3) Irreparable harm and prejudice to the party that sought	268
the injunction shall be conclusively and irrebuttably presumed	269
upon proof of a violation or threatened violation of this section.	270

(4) A member of a public body who knowingly violates an	271
injunction issued pursuant to division (I)(1) of this section may	272
be removed from office by an action brought in the court of common	273
pleas for that purpose by the prosecuting attorney or the attorney	274
general.	275

(J)(1) Pursuant to division (C) of section 5901.09 of the	276
Revised Code, a veterans service commission shall hold an	277
executive session for one or more of the following purposes unless	278
an applicant requests a public hearing:	279

(a) Interviewing an applicant for financial assistance under	280
sections 5901.01 to 5901.15 of the Revised Code;	281

(b) Discussing applications, statements, and other documents	282
described in division (B) of section 5901.09 of the Revised Code;	283

(c) Reviewing matters relating to an applicant's request for	284
financial assistance under sections 5901.01 to 5901.15 of the	285
Revised Code.	286

(2) A veterans service commission shall not exclude an	287
applicant for, recipient of, or former recipient of financial	288
assistance under sections 5901.01 to 5901.15 of the Revised Code,	289
and shall not exclude representatives selected by the applicant,	290
recipient, or former recipient, from a meeting that the commission	291
conducts as an executive session that pertains to the applicant's,	292
recipient's, or former recipient's application for financial	293
assistance.	294

(3) A veterans service commission shall vote on the grant or	295
denial of financial assistance under sections 5901.01 to 5901.15	296
of the Revised Code only in an open meeting of the commission. The	297
minutes of the meeting shall indicate the name, address, and	298
occupation of the applicant, whether the assistance was granted or	299
denied, the amount of the assistance if assistance is granted, and	300
the votes for and against the granting of assistance.	301

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

302

(1) "Public record" means records kept by any public office,	303
including, but not limited to, state, county, city, village,	304
township, and school district units, and records pertaining to the	305
delivery of educational services by an alternative school in this	306
state kept by the nonprofit or for-profit entity operating the	307
alternative school pursuant to section 3313.533 of the Revised	308
Code. "Public record" does not mean any of the following:	309

(a) Medical records;

310

(b) Records pertaining to probation and parole proceedings or	311
to proceedings related to the imposition of community control	312
sanctions and post-release control sanctions;	313

(c) Records pertaining to actions under section 2151.85 and	314
division (C) of section 2919.121 of the Revised Code and to	315
appeals of actions arising under those sections;	316

(d) Records pertaining to adoption proceedings, including the	317
contents of an adoption file maintained by the department of	318
health under section 3705.12 of the Revised Code;	319

(e) Information in a record contained in the putative father	320
registry established by section 3107.062 of the Revised Code,	321
regardless of whether the information is held by the department of	322
job and family services or, pursuant to section 3111.69 of the	323
Revised Code, the office of child support in the department or a	324
child support enforcement agency;	325

(f) Records listed in division (A) of section 3107.42 of the	326
Revised Code or specified in division (A) of section 3107.52 of	327
the Revised Code;	328

(g) Trial preparation records;

329

(h) Confidential law enforcement investigatory records;

330

(i) Records containing information that is confidential under	331
section 2710.03 or 4112.05 of the Revised Code;	332

(j) DNA records stored in the DNA database pursuant to	333
section 109.573 of the Revised Code;	334

(k) Inmate records released by the department of	335
rehabilitation and correction to the department of youth services	336
or a court of record pursuant to division (E) of section 5120.21	337
of the Revised Code;	338

(l) Records maintained by the department of youth services	339
pertaining to children in its custody released by the department	340
of youth services to the department of rehabilitation and	341
correction pursuant to section 5139.05 of the Revised Code;	342

(m) Intellectual property records;

343

(n) Donor profile records;

344

(o) Records maintained by the department of job and family	345
services pursuant to section 3121.894 of the Revised Code;	346

(p) Peace officer, parole officer, prosecuting attorney,	347
assistant prosecuting attorney, correctional employee, youth	348
services employee, firefighter, EMT, or investigator of the bureau	349
of criminal identification and investigation residential and	350
familial information;	351

(q) In the case of a county hospital operated pursuant to	352
Chapter 339. of the Revised Code or a municipal hospital operated	353
pursuant to Chapter 749. of the Revised Code, information that	354
constitutes a trade secret, as defined in section 1333.61 of the	355
Revised Code;	356

(r) Information pertaining to the recreational activities of	357
a person under the age of eighteen;	358

(s) Records provided to, statements made by review board	359
members during meetings of, and all work products of a child	360
fatality review board acting under sections 307.621 to 307.629 of	361
the Revised Code, and child fatality review data submitted by the	362
child fatality review board to the department of health or a	363
national child death review database, other than the report	364
prepared pursuant to division (A) of section 307.626 of the	365
Revised Code;	366

(t) Records provided to and statements made by the executive	367
director of a public children services agency or a prosecuting	368
attorney acting pursuant to section 5153.171 of the Revised Code	369
other than the information released under that section;	370

(u) Test materials, examinations, or evaluation tools used in	371
an examination for licensure as a nursing home administrator that	372
the board of examiners of nursing home administrators administers	373
under section 4751.04 of the Revised Code or contracts under that	374
section with a private or government entity to administer;	375

(v) Records the release of which is prohibited by state or	376
federal law;	377

(w) Proprietary information of or relating to any person that	378
is submitted to or compiled by the Ohio venture capital authority	379
created under section 150.01 of the Revised Code;	380

(x) Information reported and evaluations conducted pursuant	381
to section 3701.072 of the Revised Code;	382

(y) Financial statements and data any person submits for any	383
purpose to the Ohio housing finance agency or the controlling	384
board in connection with applying for, receiving, or accounting	385
for financial assistance from the agency, and information that	386
identifies any individual who benefits directly or indirectly from	387
financial assistance from the agency;	388

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

389

(aa) Discharges recorded with a county recorder under section	390
317.24 of the Revised Code, as specified in division (B)(2) of	391
that section;	392

(bb) Records provided to, statements made by review board	393
members during meetings of, and all work products of a domestic	394
violence fatality review board acting under sections 307.6210 to	395
307.6218 of the Revised Code and domestic violence fatality review	396
board data submitted by a domestic violence fatality review board	397
to the department of health or a national child death review	398
database, other than the report prepared pursuant to section	399
307.6217 of the Revised Code.	400

(2) "Confidential law enforcement investigatory record" means	401
any record that pertains to a law enforcement matter of a	402
criminal, quasi-criminal, civil, or administrative nature, but	403
only to the extent that the release of the record would create a	404
high probability of disclosure of any of the following:	405

(a) The identity of a suspect who has not been charged with	406
the offense to which the record pertains, or of an information	407
source or witness to whom confidentiality has been reasonably	408
promised;	409

(b) Information provided by an information source or witness	410
to whom confidentiality has been reasonably promised, which	411
information would reasonably tend to disclose the source's or	412
witness's identity;	413

(c) Specific confidential investigatory techniques or	414
procedures or specific investigatory work product;	415

(d) Information that would endanger the life or physical	416
safety of law enforcement personnel, a crime victim, a witness, or	417
a confidential information source.	418

(3) "Medical record" means any document or combination of	419
documents, except births, deaths, and the fact of admission to or	420
discharge from a hospital, that pertains to the medical history,	421
diagnosis, prognosis, or medical condition of a patient and that	422
is generated and maintained in the process of medical treatment.	423

(4) "Trial preparation record" means any record that contains	424
information that is specifically compiled in reasonable	425
anticipation of, or in defense of, a civil or criminal action or	426
proceeding, including the independent thought processes and	427
personal trial preparation of an attorney.	428

(5) "Intellectual property record" means a record, other than	429
a financial or administrative record, that is produced or	430
collected by or for faculty or staff of a state institution of	431
higher learning in the conduct of or as a result of study or	432
research on an educational, commercial, scientific, artistic,	433
technical, or scholarly issue, regardless of whether the study or	434
research was sponsored by the institution alone or in conjunction	435
with a governmental body or private concern, and that has not been	436
publicly released, published, or patented.	437

(6) "Donor profile record" means all records about donors or	438
potential donors to a public institution of higher education	439
except the names and reported addresses of the actual donors and	440
the date, amount, and conditions of the actual donation.	441

(7) "Peace officer, parole officer, prosecuting attorney,	442
assistant prosecuting attorney, correctional employee, youth	443
services employee, firefighter, EMT, or investigator of the bureau	444
of criminal identification and investigation residential and	445
familial information" means any information that discloses any of	446
the following about a peace officer, parole officer, prosecuting	447
attorney, assistant prosecuting attorney, correctional employee,	448
youth services employee, firefighter, EMT, or investigator of the	449
bureau of criminal identification and investigation:	450

(a) The address of the actual personal residence of a peace	451
officer, parole officer, assistant prosecuting attorney,	452
correctional employee, youth services employee, firefighter, EMT,	453
or an investigator of the bureau of criminal identification and	454
investigation, except for the state or political subdivision in	455
which the peace officer, parole officer, assistant prosecuting	456
attorney, correctional employee, youth services employee,	457
firefighter, EMT, or investigator of the bureau of criminal	458
identification and investigation resides;	459

(b) Information compiled from referral to or participation in	460
an employee assistance program;	461

(c) The social security number, the residential telephone	462
number, any bank account, debit card, charge card, or credit card	463
number, or the emergency telephone number of, or any medical	464
information pertaining to, a peace officer, parole officer,	465
prosecuting attorney, assistant prosecuting attorney, correctional	466
employee, youth services employee, firefighter, EMT, or	467
investigator of the bureau of criminal identification and	468
investigation;	469

(d) The name of any beneficiary of employment benefits,	470
including, but not limited to, life insurance benefits, provided	471
to a peace officer, parole officer, prosecuting attorney,	472
assistant prosecuting attorney, correctional employee, youth	473
services employee, firefighter, EMT, or investigator of the bureau	474
of criminal identification and investigation by the peace	475
officer's, parole officer's, prosecuting attorney's, assistant	476
prosecuting attorney's, correctional employee's, youth services	477
employee's, firefighter's, EMT's, or investigator of the bureau of	478
criminal identification and investigation's employer;	479

(e) The identity and amount of any charitable or employment	480
benefit deduction made by the peace officer's, parole officer's,	481
prosecuting attorney's, assistant prosecuting attorney's,	482
correctional employee's, youth services employee's, firefighter's,	483
EMT's, or investigator of the bureau of criminal identification	484
and investigation's employer from the peace officer's, parole	485
officer's, prosecuting attorney's, assistant prosecuting	486
attorney's, correctional employee's, youth services employee's,	487
firefighter's, EMT's, or investigator of the bureau of criminal	488
identification and investigation's compensation unless the amount	489
of the deduction is required by state or federal law;	490

(f) The name, the residential address, the name of the	491
employer, the address of the employer, the social security number,	492
the residential telephone number, any bank account, debit card,	493
charge card, or credit card number, or the emergency telephone	494
number of the spouse, a former spouse, or any child of a peace	495
officer, parole officer, prosecuting attorney, assistant	496
prosecuting attorney, correctional employee, youth services	497
employee, firefighter, EMT, or investigator of the bureau of	498
criminal identification and investigation;	499

(g) A photograph of a peace officer who holds a position or	500
has an assignment that may include undercover or plain clothes	501
positions or assignments as determined by the peace officer's	502
appointing authority.	503

As used in divisions (A)(7) and (B)(9) of this section,	504
"peace officer" has the same meaning as in section 109.71 of the	505
Revised Code and also includes the superintendent and troopers of	506
the state highway patrol; it does not include the sheriff of a	507
county or a supervisory employee who, in the absence of the	508
sheriff, is authorized to stand in for, exercise the authority of,	509
and perform the duties of the sheriff.	510

As used in divisions (A)(7) and (B)(5) of this section,	511
"correctional employee" means any employee of the department of	512
rehabilitation and correction who in the course of performing the	513
employee's job duties has or has had contact with inmates and	514
persons under supervision.	515

As used in divisions (A)(7) and (B)(5) of this section,	516
"youth services employee" means any employee of the department of	517
youth services who in the course of performing the employee's job	518
duties has or has had contact with children committed to the	519
custody of the department of youth services.	520

As used in divisions (A)(7) and (B)(9) of this section,	521
"firefighter" means any regular, paid or volunteer, member of a	522
lawfully constituted fire department of a municipal corporation,	523
township, fire district, or village.	524

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	525
means EMTs-basic, EMTs-I, and paramedics that provide emergency	526
medical services for a public emergency medical service	527
organization. "Emergency medical service organization,"	528
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	529
section 4765.01 of the Revised Code.	530

As used in divisions (A)(7) and (B)(9) of this section,	531
"investigator of the bureau of criminal identification and	532
investigation" has the meaning defined in section 2903.11 of the	533
Revised Code.	534

(8) "Information pertaining to the recreational activities of	535
a person under the age of eighteen" means information that is kept	536
in the ordinary course of business by a public office, that	537
pertains to the recreational activities of a person under the age	538
of eighteen years, and that discloses any of the following:	539

(a) The address or telephone number of a person under the age	540
of eighteen or the address or telephone number of that person's	541
parent, guardian, custodian, or emergency contact person;	542

(b) The social security number, birth date, or photographic	543
image of a person under the age of eighteen;	544

(c) Any medical record, history, or information pertaining to	545
a person under the age of eighteen;	546

(d) Any additional information sought or required about a	547
person under the age of eighteen for the purpose of allowing that	548
person to participate in any recreational activity conducted or	549
sponsored by a public office or to use or obtain admission	550
privileges to any recreational facility owned or operated by a	551
public office.	552

(9) "Community control sanction" has the same meaning as in	553
section 2929.01 of the Revised Code.	554

(10) "Post-release control sanction" has the same meaning as	555
in section 2967.01 of the Revised Code.	556

(11) "Redaction" means obscuring or deleting any information	557
that is exempt from the duty to permit public inspection or	558
copying from an item that otherwise meets the definition of a	559
"record" in section 149.011 of the Revised Code.	560

(12) "Designee" and "elected official" have the same meanings	561
as in section 109.43 of the Revised Code.	562

(B)(1) Upon request and subject to division (B)(8) of this	563
section, all public records responsive to the request shall be	564
promptly prepared and made available for inspection to any person	565
at all reasonable times during regular business hours. Subject to	566
division (B)(8) of this section, upon request, a public office or	567
person responsible for public records shall make copies of the	568
requested public record available at cost and within a reasonable	569
period of time. If a public record contains information that is	570
exempt from the duty to permit public inspection or to copy the	571
public record, the public office or the person responsible for the	572
public record shall make available all of the information within	573
the public record that is not exempt. When making that public	574
record available for public inspection or copying that public	575
record, the public office or the person responsible for the public	576
record shall notify the requester of any redaction or make the	577
redaction plainly visible. A redaction shall be deemed a denial of	578
a request to inspect or copy the redacted information, except if	579
federal or state law authorizes or requires a public office to	580
make the redaction.	581

(2) To facilitate broader access to public records, a public	582
office or the person responsible for public records shall organize	583
and maintain public records in a manner that they can be made	584
available for inspection or copying in accordance with division	585
(B) of this section. A public office also shall have available a	586
copy of its current records retention schedule at a location	587
readily available to the public. If a requester makes an ambiguous	588
or overly broad request or has difficulty in making a request for	589
copies or inspection of public records under this section such	590
that the public office or the person responsible for the requested	591
public record cannot reasonably identify what public records are	592
being requested, the public office or the person responsible for	593
the requested public record may deny the request but shall provide	594
the requester with an opportunity to revise the request by	595
informing the requester of the manner in which records are	596
maintained by the public office and accessed in the ordinary	597
course of the public office's or person's duties.	598

(3) If a request is ultimately denied, in part or in whole,	599
the public office or the person responsible for the requested	600
public record shall provide the requester with an explanation,	601
including legal authority, setting forth why the request was	602
denied. If the initial request was provided in writing, the	603
explanation also shall be provided to the requester in writing.	604
The explanation shall not preclude the public office or the person	605
responsible for the requested public record from relying upon	606
additional reasons or legal authority in defending an action	607
commenced under division (C) of this section.	608

(4) Unless specifically required or authorized by state or	609
federal law or in accordance with division (B) of this section, no	610
public office or person responsible for public records may limit	611
or condition the availability of public records by requiring	612
disclosure of the requester's identity or the intended use of the	613
requested public record. Any requirement that the requester	614
disclose the requestor's identity or the intended use of the	615
requested public record constitutes a denial of the request.	616

(5) A public office or person responsible for public records	617
may ask a requester to make the request in writing, may ask for	618
the requester's identity, and may inquire about the intended use	619
of the information requested, but may do so only after disclosing	620
to the requester that a written request is not mandatory and that	621
the requester may decline to reveal the requester's identity or	622
the intended use and when a written request or disclosure of the	623
identity or intended use would benefit the requester by enhancing	624
the ability of the public office or person responsible for public	625
records to identify, locate, or deliver the public records sought	626
by the requester.	627

(6) If any person chooses to obtain a copy of a public record	628
in accordance with division (B) of this section, the public office	629
or person responsible for the public record may require that	630
person to pay in advance the cost involved in providing the copy	631
of the public record in accordance with the choice made by the	632
person seeking the copy under this division. The public office or	633
the person responsible for the public record shall permit that	634
person to choose to have the public record duplicated upon paper,	635
upon the same medium upon which the public office or person	636
responsible for the public record keeps it, or upon any other	637
medium upon which the public office or person responsible for the	638
public record determines that it reasonably can be duplicated as	639
an integral part of the normal operations of the public office or	640
person responsible for the public record. When the person seeking	641
the copy makes a choice under this division, the public office or	642
person responsible for the public record shall provide a copy of	643
it in accordance with the choice made by the person seeking the	644
copy. Nothing in this section requires a public office or person	645
responsible for the public record to allow the person seeking a	646
copy of the public record to make the copies of the public record.	647

(7) Upon a request made in accordance with division (B) of	648
this section and subject to division (B)(6) of this section, a	649
public office or person responsible for public records shall	650
transmit a copy of a public record to any person by United States	651
mail or by any other means of delivery or transmission within a	652
reasonable period of time after receiving the request for the	653
copy. The public office or person responsible for the public	654
record may require the person making the request to pay in advance	655
the cost of postage if the copy is transmitted by United States	656
mail or the cost of delivery if the copy is transmitted other than	657
by United States mail, and to pay in advance the costs incurred	658
for other supplies used in the mailing, delivery, or transmission.	659

Any public office may adopt a policy and procedures that it	660
will follow in transmitting, within a reasonable period of time	661
after receiving a request, copies of public records by United	662
States mail or by any other means of delivery or transmission	663
pursuant to this division. A public office that adopts a policy	664
and procedures under this division shall comply with them in	665
performing its duties under this division.	666

In any policy and procedures adopted under this division, a	667
public office may limit the number of records requested by a	668
person that the office will transmit by United States mail to ten	669
per month, unless the person certifies to the office in writing	670
that the person does not intend to use or forward the requested	671
records, or the information contained in them, for commercial	672
purposes. For purposes of this division, "commercial" shall be	673
narrowly construed and does not include reporting or gathering	674
news, reporting or gathering information to assist citizen	675
oversight or understanding of the operation or activities of	676
government, or nonprofit educational research.	677

(8) A public office or person responsible for public records	678
is not required to permit a person who is incarcerated pursuant to	679
a criminal conviction or a juvenile adjudication to inspect or to	680
obtain a copy of any public record concerning a criminal	681
investigation or prosecution or concerning what would be a	682
criminal investigation or prosecution if the subject of the	683
investigation or prosecution were an adult, unless the request to	684
inspect or to obtain a copy of the record is for the purpose of	685
acquiring information that is subject to release as a public	686
record under this section and the judge who imposed the sentence	687
or made the adjudication with respect to the person, or the	688
judge's successor in office, finds that the information sought in	689
the public record is necessary to support what appears to be a	690
justiciable claim of the person.	691

(9) Upon written request made and signed by a journalist on	692
or after December 16, 1999, a public office, or person responsible	693
for public records, having custody of the records of the agency	694
employing a specified peace officer, parole officer, prosecuting	695
attorney, assistant prosecuting attorney, correctional employee,	696
youth services employee, firefighter, EMT, or investigator of the	697
bureau of criminal identification and investigation shall disclose	698
to the journalist the address of the actual personal residence of	699
the peace officer, parole officer, prosecuting attorney, assistant	700
prosecuting attorney, correctional employee, youth services	701
employee, firefighter, EMT, or investigator of the bureau of	702
criminal identification and investigation and, if the peace	703
officer's, parole officer's, prosecuting attorney's, assistant	704
prosecuting attorney's, correctional employee's, youth services	705
employee's, firefighter's, EMT's, or investigator of the bureau of	706
criminal identification and investigation's spouse, former spouse,	707
or child is employed by a public office, the name and address of	708
the employer of the peace officer's, parole officer's, prosecuting	709
attorney's, assistant prosecuting attorney's, correctional	710
employee's, youth services employee's, firefighter's, EMT's, or	711
investigator of the bureau of criminal identification and	712
investigation's spouse, former spouse, or child. The request shall	713
include the journalist's name and title and the name and address	714
of the journalist's employer and shall state that disclosure of	715
the information sought would be in the public interest.	716

As used in this division, "journalist" means a person engaged	717
in, connected with, or employed by any news medium, including a	718
newspaper, magazine, press association, news agency, or wire	719
service, a radio or television station, or a similar medium, for	720
the purpose of gathering, processing, transmitting, compiling,	721
editing, or disseminating information for the general public.	722

(C)(1) If a person allegedly is aggrieved by the failure of a	723
public office or the person responsible for public records to	724
promptly prepare a public record and to make it available to the	725
person for inspection in accordance with division (B) of this	726
section or by any other failure of a public office or the person	727
responsible for public records to comply with an obligation in	728
accordance with division (B) of this section, the person allegedly	729
aggrieved may commence a mandamus action to obtain a judgment that	730
orders the public office or the person responsible for the public	731
record to comply with division (B) of this section, that awards	732
court costs and reasonable attorney's fees to the person that	733
instituted the mandamus action, and, if applicable, that includes	734
an order fixing statutory damages under division (C)(1) of this	735
section. The mandamus action may be commenced in the court of	736
common pleas of the county in which division (B) of this section	737
allegedly was not complied with, in the supreme court pursuant to	738
its original jurisdiction under Section 2 of Article IV, Ohio	739
Constitution, or in the court of appeals for the appellate	740
district in which division (B) of this section allegedly was not	741
complied with pursuant to its original jurisdiction under Section	742
3 of Article IV, Ohio Constitution.	743

If a requestor transmits a written request by hand delivery	744
or certified mail to inspect or receive copies of any public	745
record in a manner that fairly describes the public record or	746
class of public records to the public office or person responsible	747
for the requested public records, except as otherwise provided in	748
this section, the requestor shall be entitled to recover the	749
amount of statutory damages set forth in this division if a court	750
determines that the public office or the person responsible for	751
public records failed to comply with an obligation in accordance	752
with division (B) of this section.	753

The amount of statutory damages shall be fixed at one hundred	754
dollars for each business day during which the public office or	755
person responsible for the requested public records failed to	756
comply with an obligation in accordance with division (B) of this	757
section, beginning with the day on which the requester files a	758
mandamus action to recover statutory damages, up to a maximum of	759
one thousand dollars. The award of statutory damages shall not be	760
construed as a penalty, but as compensation for injury arising	761
from lost use of the requested information. The existence of this	762
injury shall be conclusively presumed. The award of statutory	763
damages shall be in addition to all other remedies authorized by	764
this section.	765

The court may reduce an award of statutory damages or not	766
award statutory damages if the court determines both of the	767
following:	768

(a) That, based on the ordinary application of statutory law	769
and case law as it existed at the time of the conduct or	770
threatened conduct of the public office or person responsible for	771
the requested public records that allegedly constitutes a failure	772
to comply with an obligation in accordance with division (B) of	773
this section and that was the basis of the mandamus action, a	774
well-informed public office or person responsible for the	775
requested public records reasonably would believe that the conduct	776
or threatened conduct of the public office or person responsible	777
for the requested public records did not constitute a failure to	778
comply with an obligation in accordance with division (B) of this	779
section;	780

(b) That a well-informed public office or person responsible	781
for the requested public records reasonably would believe that the	782
conduct or threatened conduct of the public office or person	783
responsible for the requested public records would serve the	784
public policy that underlies the authority that is asserted as	785
permitting that conduct or threatened conduct.	786

(2)(a) If the court issues a writ of mandamus that orders the	787
public office or the person responsible for the public record to	788
comply with division (B) of this section and determines that the	789
circumstances described in division (C)(1) of this section exist,	790
the court shall determine and award to the relator all court	791
costs.	792

(b) If the court renders a judgment that orders the public	793
office or the person responsible for the public record to comply	794
with division (B) of this section, the court may award reasonable	795
attorney's fees subject to reduction as described in division	796
(C)(2)(c) of this section. The court shall award reasonable	797
attorney's fees, subject to reduction as described in division	798
(C)(2)(c) of this section when either of the following applies:	799

(i) The public office or the person responsible for the	800
public records failed to respond affirmatively or negatively to	801
the public records request in accordance with the time allowed	802
under division (B) of this section.	803

(ii) The public office or the person responsible for the	804
public records promised to permit the relator to inspect or	805
receive copies of the public records requested within a specified	806
period of time but failed to fulfill that promise within that	807
specified period of time.	808

(c) Court costs and reasonable attorney's fees awarded under	809
this section shall be construed as remedial and not punitive.	810
Reasonable attorney's fees shall include reasonable fees incurred	811
to produce proof of the reasonableness and amount of the fees and	812
to otherwise litigate entitlement to the fees. The court may	813
reduce an award of attorney's fees to the relator or not award	814
attorney's fees to the relator if the court determines both of the	815
following:	816

(i) That, based on the ordinary application of statutory law	817
and case law as it existed at the time of the conduct or	818
threatened conduct of the public office or person responsible for	819
the requested public records that allegedly constitutes a failure	820
to comply with an obligation in accordance with division (B) of	821
this section and that was the basis of the mandamus action, a	822
well-informed public office or person responsible for the	823
requested public records reasonably would believe that the conduct	824
or threatened conduct of the public office or person responsible	825
for the requested public records did not constitute a failure to	826
comply with an obligation in accordance with division (B) of this	827
section;	828

(ii) That a well-informed public office or person responsible	829
for the requested public records reasonably would believe that the	830
conduct or threatened conduct of the public office or person	831
responsible for the requested public records as described in	832
division (C)(2)(c)(i) of this section would serve the public	833
policy that underlies the authority that is asserted as permitting	834
that conduct or threatened conduct.	835

(D) Chapter 1347. of the Revised Code does not limit the	836
provisions of this section.	837

(E)(1) To ensure that all employees of public offices are	838
appropriately educated about a public office's obligations under	839
division (B) of this section, all elected officials or their	840
appropriate designees shall attend training approved by the	841
attorney general as provided in section 109.43 of the Revised	842
Code. In addition, all public offices shall adopt a public records	843
policy in compliance with this section for responding to public	844
records requests. In adopting a public records policy under this	845
division, a public office may obtain guidance from the model	846
public records policy developed and provided to the public office	847
by the attorney general under section 109.43 of the Revised Code.	848
Except as otherwise provided in this section, the policy may not	849
limit the number of public records that the public office will	850
make available to a single person, may not limit the number of	851
public records that it will make available during a fixed period	852
of time, and may not establish a fixed period of time before it	853
will respond to a request for inspection or copying of public	854
records, unless that period is less than eight hours.	855

(2) The public office shall distribute the public records	856
policy adopted by the public office under division (E)(1) of this	857
section to the employee of the public office who is the records	858
custodian or records manager or otherwise has custody of the	859
records of that office. The public office shall require that	860
employee to acknowledge receipt of the copy of the public records	861
policy. The public office shall create a poster that describes its	862
public records policy and shall post the poster in a conspicuous	863
place in the public office and in all locations where the public	864
office has branch offices. The public office may post its public	865
records policy on the internet web site of the public office if	866
the public office maintains an internet web site. A public office	867
that has established a manual or handbook of its general policies	868
and procedures for all employees of the public office shall	869
include the public records policy of the public office in the	870
manual or handbook.	871

(F)(1) The bureau of motor vehicles may adopt rules pursuant	872
to Chapter 119. of the Revised Code to reasonably limit the number	873
of bulk commercial special extraction requests made by a person	874
for the same records or for updated records during a calendar	875
year. The rules may include provisions for charges to be made for	876
bulk commercial special extraction requests for the actual cost of	877
the bureau, plus special extraction costs, plus ten per cent. The	878
bureau may charge for expenses for redacting information, the	879
release of which is prohibited by law.	880

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

881

(a) "Actual cost" means the cost of depleted supplies,	882
records storage media costs, actual mailing and alternative	883
delivery costs, or other transmitting costs, and any direct	884
equipment operating and maintenance costs, including actual costs	885
paid to private contractors for copying services.	886

(b) "Bulk commercial special extraction request" means a	887
request for copies of a record for information in a format other	888
than the format already available, or information that cannot be	889
extracted without examination of all items in a records series,	890
class of records, or data base by a person who intends to use or	891
forward the copies for surveys, marketing, solicitation, or resale	892
for commercial purposes. "Bulk commercial special extraction	893
request" does not include a request by a person who gives	894
assurance to the bureau that the person making the request does	895
not intend to use or forward the requested copies for surveys,	896
marketing, solicitation, or resale for commercial purposes.	897

(c) "Commercial" means profit-seeking production, buying, or	898
selling of any good, service, or other product.	899

(d) "Special extraction costs" means the cost of the time	900
spent by the lowest paid employee competent to perform the task,	901
the actual amount paid to outside private contractors employed by	902
the bureau, or the actual cost incurred to create computer	903
programs to make the special extraction. "Special extraction	904
costs" include any charges paid to a public agency for computer or	905
records services.	906

(3) For purposes of divisions (F)(1) and (2) of this section,	907
"surveys, marketing, solicitation, or resale for commercial	908
purposes" shall be narrowly construed and does not include	909
reporting or gathering news, reporting or gathering information to	910
assist citizen oversight or understanding of the operation or	911
activities of government, or nonprofit educational research.	912

Sec. 307.6210.  As used in sections 307.6210 to 307.6218 of	913
the Revised Code:	914

(A) "Domestic violence" means the occurrence of one or more	915
of the following acts against a family or household member:	916

(1) Attempting to cause or recklessly causing bodily injury;

917

(2) Placing another person by the threat of force in fear of	918
imminent serious physical harm or committing a violation of	919
section 2903.211 or 2911.211 of the Revised Code.	920

(B) "Family or household member" has the same meaning as in	921
section 3113.31 of the Revised Code.	922

(C) "Fatal domestic violence incident" means an incident of	923
domestic violence against a person eighteen years of age or older	924
that results in the death of the victim.	925

Sec. 307.6211.  (A) A board of county commissioners may	926
create a county domestic violence fatality review board, or two or	927
more counties may create by a resolution adopted by the board of	928
county commissioners of each participating county a regional	929
domestic violence fatality review board, to review fatal incidents	930
of domestic violence in the county or region represented by the	931
review board. Upon the creation of a county or regional domestic	932
violence fatality review board, the board of county commissioners	933
of each county that created or participated in the creation of the	934
board shall certify to the state department of health that the	935
board has been created in accordance with this section.	936

(B) In any county in which there exists on the effective date	937
of this section an agency or organization for the purpose of	938
conducting in-depth reviews of the facts and circumstances of	939
deaths of persons eighteen years of age or older that occur in the	940
county as a result of domestic violence, the board of county	941
commissioners, with the consent of that agency or organization,	942
may recognize that agency or organization as the county domestic	943
violence fatality review board. Within ninety days after	944
recognizing the agency or organization as the county domestic	945
violence fatality review board, the board of county commissioners	946
shall appoint any additional members to that board as may be	947
necessary to comply with section 307.6212 of the Revised Code. An	948
agency or organization recognized as a county domestic violence	949
fatality review board pursuant to this division shall have the	950
same powers, duties, and immunities as a county or multicounty	951
regional domestic violence fatality review board created under	952
division (A) of this section.	953

Sec. 307.6212.  A county or regional domestic violence	954
fatality review board shall consist of seven or more members,	955
including all of the following or their designees:	956

(A) A health care professional with training or experience in	957
responding to domestic violence;	958

(B) A coroner;

959

(C) A county prosecuting attorney;

960

(D) A representative from a domestic violence program that	961
serves the county or region served by the review board;	962

(E) The county sheriff or the chief of police of the most	963
populous municipal corporation in the county if the review board	964
is a county review board or the chief of police of the most	965
populous municipal corporation in the region if the review board	966
is a regional review board;	967

(F) A public health official;

968

(G) A children service agency representative.

969

Sec. 307.6213.  (A) The board of county commissioners of a	970
county that creates, or the boards of county commissioners that	971
participate in the creation of, a county or regional domestic	972
violence fatality review board shall develop a protocol for the	973
operation of the review board, including, but not limited to, all	974
of the following:	975

(1) The terms of review board members;

976

(2) The frequency of review board meetings;

977

(3) The selection and term of a chairperson of the review	978
board;	979

(4) The number of review board members, if any, beyond those	980
required by this section and the constituencies those members will	981
represent;	982

(5) Identification of cases.

983

(B) The protocol developed pursuant to division (A) of this	984
section shall include specific procedures for conducting reviews	985
of fatal domestic violence incidents. The protocol shall do at	986
least all of the following:	987

(1) Ensure the security and confidentiality of the	988
information obtained during the course of conducting reviews;	989

(2) Ensure that only authorized personnel have access to	990
confidential records;	991

(3) Implement security measures to prevent inadvertent or	992
unauthorized access to any records containing sufficient	993
information that could reasonably lead to the identity of the	994
adult whose death is being reviewed;	995

(4) Provide for the storage, processing, indexing, retrieval,	996
and destruction of information obtained in the course of	997
conducting reviews;	998

(5) Establish procedures to request and obtain records and	999
reports pertaining to domestic violence victims, domestic violence	1000
perpetrators, and other family or household members of domestic	1001
violence victims or perpetrators, including, but not limited to,	1002
all of the following:	1003

(a) Medical examiner's reports;

1004

(b) Hospital records;

1005

(c) School records;

1006

(d) Court records;

1007

(e) Prosecutorial records;

1008

(f) Local, state, and federal law enforcement records;

1009

(g) Fire department records;

1010

(h) Medical and dental records;

1011

(i) Emergency medical service records;

1012

(j) Employment records;

1013

(k) Counseling and treatment records;

1014

(l) Shelter records;

1015

(m) Victim assistance records;

1016

(n) Children services agency records.

1017

Sec. 307.6214.  (A) A domestic violence fatality review board	1018
shall conduct an in-depth review of the facts and circumstances of	1019
each death of a person eighteen years of age or older that occurs	1020
in the county or region as a result of domestic violence. The	1021
review board shall begin its review of an incident only after all	1022
civil and criminal legal action arising from the incident has been	1023
concluded or is precluded by the applicable statute of	1024
limitations. The review may include a review of the events leading	1025
up to the domestic violence incident, community resources	1026
available to victims of domestic violence, current laws and	1027
policies relating to domestic violence, actions taken by agencies	1028
and individuals in relation to the incident, and any other	1029
information considered relevant by the review board, including	1030
psychiatric, medical, and psychological records.	1031

(B) A domestic violence fatality review board shall collect,	1032
interpret, and analyze data on domestic violence deaths that occur	1033
in the county or region represented by the review board,	1034
including, but not limited to, data on the events leading up to	1035
the deaths, community resources available to victims of domestic	1036
violence, current laws and policies relating to domestic violence,	1037
actions taken by agencies and individuals in relation to incidents	1038
of domestic violence, and any other information considered	1039
relevant by the review board. The data may include any data that,	1040
under the "Health Insurance Portability and Accountability Act of	1041
1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended, is	1042
protected health information relating to the past physical or	1043
mental health or condition of an individual or the past provision	1044
of health care to an individual. The review board may develop a	1045
database on domestic violence deaths in the county or region and	1046
maintain statistical information related to domestic violence	1047
deaths. The board shall collect the data in the manner prescribed	1048
by rules adopted by the Ohio department of health.	1049

(C) The activities of a domestic violence fatality review	1050
board are research activities for the purposes of the "Health	1051
Insurance Portability and Accountability Act of 1996," 110 Stat.	1052
1955, 42 U.S.C. 1320d, et seq., as amended. The review board may	1053
review any protected health information relating to the past	1054
physical or mental health or condition of an individual or the	1055
past provision of health care to an individual that the review	1056
board considers relevant to the proper review of an incident.	1057

(D) A domestic violence fatality review board shall determine	1058
the number and types of incidents it will review and shall make	1059
policy recommendations for the improvement of system response to	1060
and the prevention of domestic violence incidents.	1061

(E) A domestic violence fatality review board may exercise	1062
all incidental powers necessary and proper for the execution of	1063
its duties under this section, including, but not limited to,	1064
accessing confidential records and issuing subpoenas.	1065

(F) A review board may review fatal incidents related to but	1066
not resulting directly from domestic violence. A review board that	1067
elects to review incidents related to but not resulting directly	1068
from domestic violence shall define in their protocol the related	1069
fatal incidents that it will review.	1070

Sec. 307.6215.  (A) Documents collected or created by a	1071
domestic violence fatality review board regarding facts and	1072
circumstances of a death or injury are confidential, are not	1073
public records under section 149.43 of the Revised Code, and are	1074
not subject to discovery in any civil or criminal proceeding.	1075
Documents collected or created by a domestic violence fatality	1076
review board regarding facts and circumstances of a death or	1077
injury are not subject to subpoena, but documents that are	1078
available from other sources are not exempt from subpoena,	1079
discovery, or introduction into evidence solely because they were	1080
presented to or reviewed by a review board.	1081

(B) Information identifying a victim of domestic violence	1082
whose case is being reviewed, that victim's family members, or the	1083
alleged or suspected perpetrator of domestic violence against the	1084
victim or regarding the involvement of any agency with the victim	1085
or the victim's family shall not be disclosed in any report that	1086
is available to the public.	1087

(C) Each member of a domestic violence fatality review board	1088
or the member's designee shall sign a confidentiality agreement	1089
acknowledging that any information provided during a meeting of	1090
the review board is confidential. Neither an individual who	1091
participates as a member of a review board or an organization	1092
represented by that individual in the individual's capacity as a	1093
participant in a review board meeting shall be compelled to	1094
testify about or otherwise reveal what transpires during the	1095
review board's review of a fatal domestic violence incident or	1096
information collected during a review.	1097

Sec. 307.6216.  (A) Any information, document, or report	1098
presented to a domestic violence fatality review board, all	1099
statements made by review board members during meetings of the	1100
review board, all work products of the review board, and domestic	1101
violence fatality review data submitted by the review board to the	1102
department of health, other than the report prepared pursuant to	1103
section 307.6217 of the Revised Code, are confidential and shall	1104
be used by the board, its members, and the department of health	1105
only in the exercise of the proper functions of the board and the	1106
department.	1107

(B) No person shall permit or encourage the unauthorized	1108
dissemination of the confidential information described in	1109
division (A) of this section.	1110

(C) Whoever violates division (B) of this section is guilty	1111
of a misdemeanor of the second degree.	1112

Sec. 307.6217.  Not later than April first of each year, each	1113
domestic violence fatality review board shall submit to the Ohio	1114
department of health an annual report that includes a description	1115
of the deaths and incidents reviewed during the previous calendar	1116
year and findings and recommendations relating to responses to and	1117
prevention of domestic violence. The report shall not contain	1118
information that identifies any victim of domestic violence, the	1119
members of a victim's family, or an alleged or suspected	1120
perpetrator of domestic violence or information regarding the	1121
involvement of any agency with a victim or that person's family.	1122

Sec. 307.6218.  A domestic violence fatality review board,	1123
any member of a domestic violence fatality review board, any	1124
person who provides information to a domestic violence fatality	1125
review board, and any other person acting within the scope of	1126
sections 307.6210 to 307.6218 of the Revised Code is immune from	1127
any civil liability for injury, death, or loss to person or	1128
property that otherwise might be incurred or imposed as a result	1129
of any act, proceeding, decision, or determination undertaken or	1130
performed or recommendation made pursuant to sections 307.6210 to	1131
307.6218 of the Revised Code if the review board or person acted	1132
in good faith and without malice. There is a rebuttable	1133
presumption that the review board or person acted in good faith	1134
and without malice. No organization, institution, or person	1135
furnishing information, data, testimony, reports, or records to a	1136
domestic violence fatality review board as part of a review	1137
board's review under sections 307.6210 to 307.6218 of the Revised	1138
Code shall, by reason of furnishing the information, be liable in	1139
damages or subject to any other recourse, civil or criminal.	1140

Sec. 2919.25.  (A) No person shall knowingly cause or attempt	1141
to cause physical harm to a family or household member.	1142

(B) No person shall recklessly cause serious physical harm to	1143
a family or household member.	1144

(C) No person, by threat of force, shall knowingly cause a	1145
family or household member to believe that the offender will cause	1146
imminent physical harm to the family or household member.	1147

(D)(1) Whoever violates this section is guilty of domestic	1148
violence, and the court shall sentence the offender as provided in	1149
divisions (D)(2) to (6)(7) of this section.	1150

(2) Except as otherwise provided in divisiondivisions (D)(3)	1151
to (5) of this section, a violation of division (C) of this	1152
section is a misdemeanor of the fourth degree, and a violation of	1153
division (A) or (B) of this section is a misdemeanor of the first	1154
degree for which the court may impose a definite jail term of not	1155
more than one year.	1156

(3) Except as otherwise provided in division (D)(4) of this	1157
section, if the offender previously has pleaded guilty to or been	1158
convicted of domestic violence, a violation of an existing or	1159
former municipal ordinance or law of this or any other state or	1160
the United States that is substantially similar to domestic	1161
violence, a violation of section 2903.14, 2909.06, 2909.07,	1162
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of	1163
the violation was a family or household member at the time of the	1164
violation, a violation of an existing or former municipal	1165
ordinance or law of this or any other state or the United States	1166
that is substantially similar to any of those sections if the	1167
victim of the violation was a family or household member at the	1168
time of the commission of the violation, or any offense of	1169
violence if the victim of the offense was a family or household	1170
member at the time of the commission of the offense, a violation	1171
of division (A) or (B) of this section is a felony of the fourth	1172
degree, and, if the offender knew that the victim of the violation	1173
was pregnant at the time of the violation, the court shall impose	1174
a mandatory prison term on the offender pursuant to division	1175
(A)(6) of this section, and a violation of division (C) of this	1176
section is a misdemeanor of the second degree.	1177

(4) If the offender previously has pleaded guilty to or been	1178
convicted of two or more offenses of domestic violence or two or	1179
more violations or offenses of the type described in division	1180
(D)(3) of this section involving a person who was a family or	1181
household member at the time of the violations or offenses, a	1182
violation of division (A) or (B) of this section is a felony of	1183
the third degree, and, if the offender knew that the victim of the	1184
violation was pregnant at the time of the violation, the court	1185
shall impose a mandatory prison term on the offender pursuant to	1186
division (A)(6) of this section, and a violation of division (C)	1187
of this section is a misdemeanor of the first degree.	1188

(5) Except as otherwise provided in division (D)(3) or (4) of	1189
this section, if the offender knew that the victim of the	1190
violation was pregnant at the time of the violation, a violation	1191
of division (A) or (B) of this section is a felony of the fifth	1192
degree, and the court shall impose a mandatory prison term on the	1193
offender pursuant to division (A)(6) of this section, and a	1194
violation of division (C) of this section is a misdemeanor of the	1195
third degree.	1196

(6) If division (A)(3), (4), or (5) of this section requires	1197
the court that sentences an offender for a violation of division	1198
(A) or (B) of this section to impose a mandatory prison term on	1199
the offender pursuant to this division, the court shall impose the	1200
mandatory prison term as follows:	1201

(a) If the violation of division (A) or (B) of this section	1202
is a felony of the fourth or fifth degree, except as otherwise	1203
provided in division (A)(6)(b) or (c) of this section, the court	1204
shall impose a mandatory prison term on the offender of at least	1205
six months.	1206

(b) If the violation of division (A) or (B) of this section	1207
is a felony of the fifth degree and the offender, in committing	1208
the violation, caused serious physical harm to the pregnant	1209
woman's unborn or caused the termination of the pregnant woman's	1210
pregnancy, the court shall impose a mandatory prison term on the	1211
offender of twelve months.	1212

(c) If the violation of division (A) or (B) of this section	1213
is a felony of the fourth degree and the offender, in committing	1214
the violation, caused serious physical harm to the pregnant	1215
woman's unborn or caused the termination of the pregnant woman's	1216
pregnancy, the court shall impose a mandatory prison term on the	1217
offender of at least twelve months.	1218

(d) If the violation of division (A) or (B) of this section	1219
is a felony of the third degree, except as otherwise provided in	1220
division (A)(6)(e) of this section and notwithstanding the range	1221
of prison terms prescribed in section 2929.14 of the Revised Code	1222
for a felony of the third degree, the court shall impose a	1223
mandatory prison term on the offender of either a definite term of	1224
six months or one of the prison terms prescribed in section	1225
2929.14 of the Revised Code for felonies of the third degree.	1226

(e) If the violation of division (A) or (B) of this section	1227
is a felony of the third degree and the offender, in committing	1228
the violation, caused serious physical harm to the pregnant	1229
woman's unborn or caused the termination of the pregnant woman's	1230
pregnancy, notwithstanding the range of prison terms prescribed in	1231
section 2929.14 of the Revised Code for a felony of the third	1232
degree, the court shall impose a mandatory prison term on the	1233
offender of either a definite term of one year or one of the	1234
prison terms prescribed in section 2929.14 of the Revised Code for	1235
felonies of the third degree.	1236

(7) In addition to any other sentence imposed under division	1237
(D) of this section, the court shall require the offender to do	1238
both of the following:	1239

(a) Participate in a domestic violence treatment program or	1240
other program or counseling, specified by the court, that	1241
addresses domestic violence;	1242

(b) Appear before the sentencing court at least once and, at	1243
the court's discretion, at intervals of approximately thirty,	1244
sixty, ninety, or one hundred twenty days until final discharge,	1245
to ensure that the offender is in compliance with any conditions	1246
of probation or other orders issued by the court in connection	1247
with the offender's conviction. The first appearance shall take	1248
place approximately thirty days after sentencing or, if the	1249
offender is incarcerated, after the offender's release from	1250
incarceration.	1251

(8) In addition to any other sentence imposed under division	1252
(D) of this section, the court may issue a protection order	1253
containing terms designed to ensure the safety and protection of	1254
the victim and expiring not later than the date of the offender's	1255
final discharge.	1256

(E) Notwithstanding any provision of law to the contrary, no	1257
court or unit of state or local government shall charge any fee,	1258
cost, deposit, or money in connection with the filing of charges	1259
against a person alleging that the person violated this section or	1260
a municipal ordinance substantially similar to this section or in	1261
connection with the prosecution of any charges so filed.	1262

(F) As used in this section and sections 2919.251 and 2919.26	1263
of the Revised Code:	1264

(1) "Family or household member" means any of the following:

1265

(a) Any of the following who is residing or has resided with	1266
the offender:	1267

(i) A spouse, a person living as a spouse, or a former spouse	1268
of the offender;	1269

(ii) A parent or a child of the offender, or another person	1270
related by consanguinity or affinity to the offender;	1271

(iii) A parent or a child of a spouse, person living as a	1272
spouse, or former spouse of the offender, or another person	1273
related by consanguinity or affinity to a spouse, person living as	1274
a spouse, or former spouse of the offender.	1275

(b) The natural parent of any child of whom the offender is	1276
the other natural parent or is the putative other natural parent.	1277

(2) "Person living as a spouse" means a person who is living	1278
or has lived with the offender in a common law marital	1279
relationship, who otherwise is cohabiting with the offender, or	1280
who otherwise has cohabited with the offender within five years	1281
prior to the date of the alleged commission of the act in	1282
question.	1283

(3) "Pregnant woman's unborn" has the same meaning as "such	1284
other person's unborn," as set forth in section 2903.09 of the	1285
Revised Code, as it relates to the pregnant woman. Division (C) of	1286
that section applies regarding the use of the term in this	1287
section, except that the second and third sentences of division	1288
(C)(1) of that section shall be construed for purposes of this	1289
section as if they included a reference to this section in the	1290
listing of Revised Code sections they contain.	1291

(4) "Termination of the pregnant woman's pregnancy" has the	1292
same meaning as "unlawful termination of another's pregnancy," as	1293
set forth in section 2903.09 of the Revised Code, as it relates to	1294
the pregnant woman. Division (C) of that section applies regarding	1295
the use of the term in this section, except that the second and	1296
third sentences of division (C)(1) of that section shall be	1297
construed for purposes of this section as if they included a	1298
reference to this section in the listing of Revised Code sections	1299
they contain.	1300

Sec. 2919.27.  (A) No person shall recklessly violate the	1301
terms of any of the following:	1302

(1) A protection order issued or consent agreement approved	1303
pursuant to section 2919.26 or 3113.31 of the Revised Code;	1304

(2) A protection order issued pursuant to section 2903.213	1305
or, 2903.214, or 2919.25 of the Revised Code;	1306

(3) A protection order issued by a court of another state.

1307

(B)(1) Whoever violates this section is guilty of violating a	1308
protection order.	1309

(2) Except as otherwise provided in division (B)(3) or (4) of	1310
this section, violating a protection order is a misdemeanor of the	1311
first degree.	1312

(3) If the offender previously has been convicted of or	1313
pleaded guilty to a violation of a protection order issued	1314
pursuant to section 2903.213 or, 2903.214, or 2919.25 of the	1315
Revised Code, two or more violations of section 2903.21, 2903.211,	1316
2903.22, or 2911.211 of the Revised Code that involved the same	1317
person who is the subject of the protection order or consent	1318
agreement, or one or more violations of this section, violating a	1319
protection order is a felony of the fifth degree.	1320

(4) If the offender violates a protection order or consent	1321
agreement while committing a felony offense, violating a	1322
protection order is a felony of the third degree.	1323

(5) If the protection order violated by the offender was an	1324
order issued pursuant to section 2903.214 of the Revised Code that	1325
required electronic monitoring of the offender pursuant to that	1326
section, the court may require in addition to any other sentence	1327
imposed upon the offender that the offender be electronically	1328
monitored for a period not exceeding five years by a law	1329
enforcement agency designated by the court. If the court requires	1330
under this division that the offender be electronically monitored,	1331
unless the court determines that the offender is indigent, the	1332
court shall order that the offender pay the costs of the	1333
installation of the electronic monitoring device and the cost of	1334
monitoring the electronic monitoring device. If the court	1335
determines that the offender is indigent, the costs of the	1336
installation of the electronic monitoring device and the cost of	1337
monitoring the electronic monitoring device shall be paid out of	1338
funds from the reparations fund created pursuant to section	1339
2743.191 of the Revised Code.	1340

(C) It is an affirmative defense to a charge under division	1341
(A)(3) of this section that the protection order issued by a court	1342
of another state does not comply with the requirements specified	1343
in 18 U.S.C. 2265(b) for a protection order that must be accorded	1344
full faith and credit by a court of this state or that it is not	1345
entitled to full faith and credit under 18 U.S.C. 2265(c).	1346

(D) As used in this section, "protection order issued by a	1347
court of another state" means an injunction or another order	1348
issued by a criminal court of another state for the purpose of	1349
preventing violent or threatening acts or harassment against,	1350
contact or communication with, or physical proximity to another	1351
person, including a temporary order, and means an injunction or	1352
order of that nature issued by a civil court of another state,	1353
including a temporary order and a final order issued in an	1354
independent action or as a pendente lite order in a proceeding for	1355
other relief, if the court issued it in response to a complaint,	1356
petition, or motion filed by or on behalf of a person seeking	1357
protection. "Protection order issued by a court of another state"	1358
does not include an order for support or for custody of a child	1359
issued pursuant to the divorce and child custody laws of another	1360
state, except to the extent that the order for support or for	1361
custody of a child is entitled to full faith and credit under the	1362
laws of the United States.	1363

Sec. 2923.13.  (A) Unless relieved from disability as	1364
provided in section 2923.14 of the Revised Code, no person shall	1365
knowingly acquire, have, carry, or use any firearm or dangerous	1366
ordnance, if any of the following apply:	1367

(1) The person is a fugitive from justice.

1368

(2) The person is under indictment for or has been convicted	1369
of a violation of section 2919.25 of the Revised Code or any	1370
felony offense of violence or has been adjudicated a delinquent	1371
child for the commission of an offense that, if committed by an	1372
adult, would have been a violation of section 2919.25 of the	1373
Revised Code or a felony offense of violence.	1374

(3) The person is under indictment for or has been convicted	1375
of any offense involving the illegal possession, use, sale,	1376
administration, distribution, or trafficking in any drug of abuse	1377
or has been adjudicated a delinquent child for the commission of	1378
an offense that, if committed by an adult, would have been an	1379
offense involving the illegal possession, use, sale,	1380
administration, distribution, or trafficking in any drug of abuse.	1381

(4) The person is drug dependent, in danger of drug	1382
dependence, or a chronic alcoholic.	1383

(5) The person is under adjudication of mental incompetence,	1384
has been adjudicated as a mental defective, has been committed to	1385
a mental institution, has been found by a court to be a mentally	1386
ill person subject to hospitalization by court order, or is an	1387
involuntary patient other than one who is a patient only for	1388
purposes of observation. As used in this division, "mentally ill	1389
person subject to hospitalization by court order" and "patient"	1390
have the same meanings as in section 5122.01 of the Revised Code.	1391

(B) Whoever violates this section is guilty of having weapons	1392
while under disability, a felony of the third degree.	1393

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	1394
deputy marshal, municipal police officer, township constable,	1395
police officer of a township or joint township police district,	1396
member of a police force employed by a metropolitan housing	1397
authority under division (D) of section 3735.31 of the Revised	1398
Code, member of a police force employed by a regional transit	1399
authority under division (Y) of section 306.35 of the Revised	1400
Code, state university law enforcement officer appointed under	1401
section 3345.04 of the Revised Code, veterans' home police officer	1402
appointed under section 5907.02 of the Revised Code, special	1403
police officer employed by a port authority under section 4582.04	1404
or 4582.28 of the Revised Code, or a special police officer	1405
employed by a municipal corporation at a municipal airport, or	1406
other municipal air navigation facility, that has scheduled	1407
operations, as defined in section 119.3 of Title 14 of the Code of	1408
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	1409
required to be under a security program and is governed by	1410
aviation security rules of the transportation security	1411
administration of the United States department of transportation	1412
as provided in Parts 1542. and 1544. of Title 49 of the Code of	1413
Federal Regulations, as amended, shall arrest and detain, until a	1414
warrant can be obtained, a person found violating, within the	1415
limits of the political subdivision, metropolitan housing	1416
authority housing project, regional transit authority facilities	1417
or areas of a municipal corporation that have been agreed to by a	1418
regional transit authority and a municipal corporation located	1419
within its territorial jurisdiction, college, university,	1420
veterans' home operated under Chapter 5907. of the Revised Code,	1421
port authority, or municipal airport or other municipal air	1422
navigation facility, in which the peace officer is appointed,	1423
employed, or elected, a law of this state, an ordinance of a	1424
municipal corporation, or a resolution of a township.	1425

(2) A peace officer of the department of natural resources, a	1426
state fire marshal law enforcement officer described in division	1427
(A)(23) of section 109.71 of the Revised Code, or an individual	1428
designated to perform law enforcement duties under section	1429
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	1430
detain, until a warrant can be obtained, a person found violating,	1431
within the limits of the peace officer's, state fire marshal law	1432
enforcement officer's, or individual's territorial jurisdiction, a	1433
law of this state.	1434

(3) The house sergeant at arms if the house sergeant at arms	1435
has arrest authority pursuant to division (E)(1) of section	1436
101.311 of the Revised Code and an assistant house sergeant at	1437
arms shall arrest and detain, until a warrant can be obtained, a	1438
person found violating, within the limits of the sergeant at	1439
arms's or assistant sergeant at arms's territorial jurisdiction	1440
specified in division (D)(1)(a) of section 101.311 of the Revised	1441
Code or while providing security pursuant to division (D)(1)(f) of	1442
section 101.311 of the Revised Code, a law of this state, an	1443
ordinance of a municipal corporation, or a resolution of a	1444
township.	1445

(B)(1)(a) When there is reasonable ground to believe that an	1446
offense of violence, the offense of criminal child enticement as	1447
defined in section 2905.05 of the Revised Code, the offense of	1448
public indecency as defined in section 2907.09 of the Revised	1449
Code, the offense of domestic violence as defined in section	1450
2919.25 of the Revised Code, the offense of violating a protection	1451
order as defined in section 2919.27 of the Revised Code, the	1452
offense of menacing by stalking as defined in section 2903.211 of	1453
the Revised Code, the offense of aggravated trespass as defined in	1454
section 2911.211 of the Revised Code, a theft offense as defined	1455
in section 2913.01 of the Revised Code, or a felony drug abuse	1456
offense as defined in section 2925.01 of the Revised Code, has	1457
been committed within the limits of the political subdivision,	1458
metropolitan housing authority housing project, regional transit	1459
authority facilities or those areas of a municipal corporation	1460
that have been agreed to by a regional transit authority and a	1461
municipal corporation located within its territorial jurisdiction,	1462
college, university, veterans' home operated under Chapter 5907.	1463
of the Revised Code, port authority, or municipal airport or other	1464
municipal air navigation facility, in which the peace officer is	1465
appointed, employed, or elected or within the limits of the	1466
territorial jurisdiction of the peace officer, a peace officer	1467
described in division (A) of this section may arrest and detain	1468
until a warrant can be obtained any person who the peace officer	1469
has reasonable cause to believe is guilty of the violation.	1470

(b) When there is reasonable ground to believe that the	1471
offense of violating a protection order as defined in section	1472
2919.27 of the Revised Code has been committed within the limits	1473
of the political subdivision, metropolitan housing authority	1474
housing project, regional transit authority facilities or those	1475
areas of a municipal corporation that have been agreed to by a	1476
regional transit authority and a municipal corporation located	1477
within its territorial jurisdiction, college, university,	1478
veterans' home operated under Chapter 5907. of the Revised Code,	1479
port authority, or municipal airport or other municipal air	1480
navigation facility in which the peace officer is appointed,	1481
employed, or elected or within the limits of the territorial	1482
jurisdiction of the peace officer, a peace officer described in	1483
division (A) of this section shall arrest and detain until a	1484
warrant can be obtained any person who the peace officer has	1485
reasonable cause to believe is guilty of the violation.	1486

(2) For purposes of division (B)(1) of this section, the	1487
execution of any of the following constitutes reasonable ground to	1488
believe that the offense alleged in the statement was committed	1489
and reasonable cause to believe that the person alleged in the	1490
statement to have committed the offense is guilty of the	1491
violation:	1492

(a) A written statement by a person alleging that an alleged	1493
offender has committed the offense of menacing by stalking or	1494
aggravated trespass;	1495

(b) A written statement by the administrator of the	1496
interstate compact on mental health appointed under section	1497
5119.51 of the Revised Code alleging that a person who had been	1498
hospitalized, institutionalized, or confined in any facility under	1499
an order made pursuant to or under authority of section 2945.37,	1500
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1501
Revised Code has escaped from the facility, from confinement in a	1502
vehicle for transportation to or from the facility, or from	1503
supervision by an employee of the facility that is incidental to	1504
hospitalization, institutionalization, or confinement in the	1505
facility and that occurs outside of the facility, in violation of	1506
section 2921.34 of the Revised Code;	1507

(c) A written statement by the administrator of any facility	1508
in which a person has been hospitalized, institutionalized, or	1509
confined under an order made pursuant to or under authority of	1510
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1511
2945.402 of the Revised Code alleging that the person has escaped	1512
from the facility, from confinement in a vehicle for	1513
transportation to or from the facility, or from supervision by an	1514
employee of the facility that is incidental to hospitalization,	1515
institutionalization, or confinement in the facility and that	1516
occurs outside of the facility, in violation of section 2921.34 of	1517
the Revised Code.	1518

(3)(a) For purposes of division (B)(1) of this section, a	1519
peace officer described in division (A) of this section has	1520
reasonable grounds to believe that the offense of domestic	1521
violence or the offense of violating a protection order has been	1522
committed and reasonable cause to believe that a particular person	1523
is guilty of committing the offense if any of the following	1524
occurs:	1525

(i) A person executes a written statement alleging that the	1526
person in question has committed the offense of domestic violence	1527
or the offense of violating a protection order against the person	1528
who executes the statement or against a child of the person who	1529
executes the statement.	1530

(ii) No written statement of the type described in division	1531
(B)(3)(a)(i) of this section is executed, but the peace officer,	1532
based upon the peace officer's own knowledge and observation of	1533
the facts and circumstances of the alleged incident of the offense	1534
of domestic violence or the alleged incident of the offense of	1535
violating a protection order or based upon any other information,	1536
including, but not limited to, any reasonably trustworthy	1537
information given to the peace officer by the alleged victim of	1538
the alleged incident of the offense or any witness of the alleged	1539
incident of the offense, concludes that there are reasonable	1540
grounds to believe that the offense of domestic violence or the	1541
offense of violating a protection order has been committed and	1542
reasonable cause to believe that the person in question is guilty	1543
of committing the offense.	1544

(iii) No written statement of the type described in division	1545
(B)(3)(a)(i) of this section is executed, but the peace officer	1546
witnessed the person in question commit the offense of domestic	1547
violence or the offense of violating a protection order.	1548

(b) If pursuant to division (B)(3)(a) of this section a peace	1549
officer has reasonable grounds to believe that the offense of	1550
domestic violence or the offense of violating a protection order	1551
has been committed and reasonable cause to believe that a	1552
particular person is guilty of committing the offense, it is the	1553
preferred course of action in this state that the officer arrest	1554
and detain that person pursuant to division (B)(1) of this section	1555
until a warrant can be obtained.	1556

If pursuant to division (B)(3)(a) of this section a peace	1557
officer has reasonable grounds to believe that the offense of	1558
domestic violence or the offense of violating a protection order	1559
has been committed and reasonable cause to believe that family or	1560
household members have committed the offense against each other,	1561
it is the preferred course of action in this state that the	1562
officer, pursuant to division (B)(1) of this section, arrest and	1563
detain until a warrant can be obtained the family or household	1564
member who committed the offense and whom the officer has	1565
reasonable cause to believe is the primary physical aggressor.	1566
There is no preferred course of action in this state regarding any	1567
other family or household member who committed the offense and	1568
whom the officer does not have reasonable cause to believe is the	1569
primary physical aggressor, but, pursuant to division (B)(1) of	1570
this section, the peace officer may arrest and detain until a	1571
warrant can be obtained any other family or household member who	1572
committed the offense and whom the officer does not have	1573
reasonable cause to believe is the primary physical aggressor.	1574

(c) If a peace officer described in division (A) of this	1575
section does not arrest and detain a person whom the officer has	1576
reasonable cause to believe committed the offense of domestic	1577
violence or the offense of violating a protection order when it is	1578
the preferred course of action in this state pursuant to division	1579
(B)(3)(b) of this section that the officer arrest that person, the	1580
officer shall articulate in the written report of the incident	1581
required by section 2935.032 of the Revised Code a clear statement	1582
of the officer's reasons for not arresting and detaining that	1583
person until a warrant can be obtained.	1584

(d) In determining for purposes of division (B)(3)(b) of this	1585
section which family or household member is the primary physical	1586
aggressor in a situation in which family or household members have	1587
committed the offense of domestic violence or the offense of	1588
violating a protection order against each other, a peace officer	1589
described in division (A) of this section, in addition to any	1590
other relevant circumstances, should consider all of the	1591
following:	1592

(i) Any history of domestic violence or of any other violent	1593
acts by either person involved in the alleged offense that the	1594
officer reasonably can ascertain;	1595

(ii) If violence is alleged, whetherWhether the alleged	1596
violence was caused by a person acting in self-defense;	1597

(iii) Each person's fear of physical harm, if any, resulting	1598
from the other person's threatened use of force against any person	1599
or resulting from the other person's use or history of the use of	1600
force against any person, and the reasonableness of that fear;	1601

(iv) The comparative severity of any injuries suffered by the	1602
persons involved in the alleged offense;	1603

(v) Statements made by witnesses.

1604

(e)(i) A peace officer described in division (A) of this	1605
section shall not require, as a prerequisite to arresting or	1606
charging a person who has committed the offense of domestic	1607
violence or the offense of violating a protection order, that the	1608
victim of the offense specifically consent to the filing of	1609
charges against the person who has committed the offense or sign a	1610
complaint against the person who has committed the offense.	1611

(ii) If a person is arrested for or charged with committing	1612
the offense of domestic violence or the offense of violating a	1613
protection order and if the victim of the offense does not	1614
cooperate with the involved law enforcement or prosecuting	1615
authorities in the prosecution of the offense or, subsequent to	1616
the arrest or the filing of the charges, informs the involved law	1617
enforcement or prosecuting authorities that the victim does not	1618
wish the prosecution of the offense to continue or wishes to drop	1619
charges against the alleged offender relative to the offense, the	1620
involved prosecuting authorities, in determining whether to	1621
continue with the prosecution of the offense or whether to dismiss	1622
charges against the alleged offender relative to the offense and	1623
notwithstanding the victim's failure to cooperate or the victim's	1624
wishes, shall consider all facts and circumstances that are	1625
relevant to the offense, including, but not limited to, the	1626
statements and observations of the peace officers who responded to	1627
the incident that resulted in the arrest or filing of the charges	1628
and of all witnesses to that incident.	1629

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1630
this section whether to arrest a person pursuant to division	1631
(B)(1) of this section, a peace officer described in division (A)	1632
of this section shall not consider as a factor any possible	1633
shortage of cell space at the detention facility to which the	1634
person will be taken subsequent to the person's arrest or any	1635
possibility that the person's arrest might cause, contribute to,	1636
or exacerbate overcrowding at that detention facility or at any	1637
other detention facility.	1638

(g) If a peace officer described in division (A) of this	1639
section intends pursuant to divisions (B)(3)(a) to (g) of this	1640
section to arrest a person pursuant to division (B)(1) of this	1641
section and if the officer is unable to do so because the person	1642
is not present, the officer promptly shall seek a warrant for the	1643
arrest of the person.	1644

(h) If a peace officer described in division (A) of this	1645
section responds to a report of an alleged incident of the offense	1646
of domestic violence or an alleged incident of the offense of	1647
violating a protection order and if the circumstances of the	1648
incident involved the use or threatened use of a deadly weapon or	1649
any person involved in the incident brandished a deadly weapon	1650
during or in relation to the incident, the deadly weapon that was	1651
used, threatened to be used, or brandished constitutes contraband,	1652
and, to the extent possible, the officer shall seize the deadly	1653
weapon as contraband pursuant to Chapter 2981. of the Revised	1654
Code. Upon the seizure of a deadly weapon pursuant to division	1655
(B)(3)(h) of this section, section 2981.12 of the Revised Code	1656
shall apply regarding the treatment and disposition of the deadly	1657
weapon. For purposes of that section, the "underlying criminal	1658
offense" that was the basis of the seizure of a deadly weapon	1659
under division (B)(3)(h) of this section and to which the deadly	1660
weapon had a relationship is any of the following that is	1661
applicable:	1662

(i) The alleged incident of the offense of domestic violence	1663
or the alleged incident of the offense of violating a protection	1664
order to which the officer who seized the deadly weapon responded;	1665

(ii) Any offense that arose out of the same facts and	1666
circumstances as the report of the alleged incident of the offense	1667
of domestic violence or the alleged incident of the offense of	1668
violating a protection order to which the officer who seized the	1669
deadly weapon responded.	1670

(4) If, in the circumstances described in divisions (B)(3)(a)	1671
to (g) of this section, a peace officer described in division (A)	1672
of this section arrests and detains a person pursuant to division	1673
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	1674
this section, a peace officer described in division (A) of this	1675
section seizes a deadly weapon, the officer, to the extent	1676
described in and in accordance with section 9.86 or 2744.03 of the	1677
Revised Code, is immune in any civil action for damages for	1678
injury, death, or loss to person or property that arises from or	1679
is related to the arrest and detention or the seizure.	1680

(C) When there is reasonable ground to believe that a	1681
violation of division (A)(1), (2), (3), (4), or (5) of section	1682
4506.15 or a violation of section 4511.19 of the Revised Code has	1683
been committed by a person operating a motor vehicle subject to	1684
regulation by the public utilities commission of Ohio under Title	1685
XLIX of the Revised Code, a peace officer with authority to	1686
enforce that provision of law may stop or detain the person whom	1687
the officer has reasonable cause to believe was operating the	1688
motor vehicle in violation of the division or section and, after	1689
investigating the circumstances surrounding the operation of the	1690
vehicle, may arrest and detain the person.	1691

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	1692
municipal police officer, member of a police force employed by a	1693
metropolitan housing authority under division (D) of section	1694
3735.31 of the Revised Code, member of a police force employed by	1695
a regional transit authority under division (Y) of section 306.35	1696
of the Revised Code, special police officer employed by a port	1697
authority under section 4582.04 or 4582.28 of the Revised Code,	1698
special police officer employed by a municipal corporation at a	1699
municipal airport or other municipal air navigation facility	1700
described in division (A) of this section, township constable,	1701
police officer of a township or joint township police district,	1702
state university law enforcement officer appointed under section	1703
3345.04 of the Revised Code, peace officer of the department of	1704
natural resources, individual designated to perform law	1705
enforcement duties under section 511.232, 1545.13, or 6101.75 of	1706
the Revised Code, the house sergeant at arms if the house sergeant	1707
at arms has arrest authority pursuant to division (E)(1) of	1708
section 101.311 of the Revised Code, or an assistant house	1709
sergeant at arms is authorized by division (A) or (B) of this	1710
section to arrest and detain, within the limits of the political	1711
subdivision, metropolitan housing authority housing project,	1712
regional transit authority facilities or those areas of a	1713
municipal corporation that have been agreed to by a regional	1714
transit authority and a municipal corporation located within its	1715
territorial jurisdiction, port authority, municipal airport or	1716
other municipal air navigation facility, college, or university in	1717
which the officer is appointed, employed, or elected or within the	1718
limits of the territorial jurisdiction of the peace officer, a	1719
person until a warrant can be obtained, the peace officer, outside	1720
the limits of that territory, may pursue, arrest, and detain that	1721
person until a warrant can be obtained if all of the following	1722
apply:	1723

(1) The pursuit takes place without unreasonable delay after	1724
the offense is committed;	1725

(2) The pursuit is initiated within the limits of the	1726
political subdivision, metropolitan housing authority housing	1727
project, regional transit authority facilities or those areas of a	1728
municipal corporation that have been agreed to by a regional	1729
transit authority and a municipal corporation located within its	1730
territorial jurisdiction, port authority, municipal airport or	1731
other municipal air navigation facility, college, or university in	1732
which the peace officer is appointed, employed, or elected or	1733
within the limits of the territorial jurisdiction of the peace	1734
officer;	1735

(3) The offense involved is a felony, a misdemeanor of the	1736
first degree or a substantially equivalent municipal ordinance, a	1737
misdemeanor of the second degree or a substantially equivalent	1738
municipal ordinance, or any offense for which points are	1739
chargeable pursuant to section 4510.036 of the Revised Code.	1740

(E) In addition to the authority granted under division (A)	1741
or (B) of this section:	1742

(1) A sheriff or deputy sheriff may arrest and detain, until	1743
a warrant can be obtained, any person found violating section	1744
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1745
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1746
portion of any street or highway that is located immediately	1747
adjacent to the boundaries of the county in which the sheriff or	1748
deputy sheriff is elected or appointed.	1749

(2) A member of the police force of a township police	1750
district created under section 505.48 of the Revised Code, a	1751
member of the police force of a joint township police district	1752
created under section 505.481 of the Revised Code, or a township	1753
constable appointed in accordance with section 509.01 of the	1754
Revised Code, who has received a certificate from the Ohio peace	1755
officer training commission under section 109.75 of the Revised	1756
Code, may arrest and detain, until a warrant can be obtained, any	1757
person found violating any section or chapter of the Revised Code	1758
listed in division (E)(1) of this section, other than sections	1759
4513.33 and 4513.34 of the Revised Code, on the portion of any	1760
street or highway that is located immediately adjacent to the	1761
boundaries of the township police district or joint township	1762
police district, in the case of a member of a township police	1763
district or joint township police district police force, or the	1764
unincorporated territory of the township, in the case of a	1765
township constable. However, if the population of the township	1766
that created the township police district served by the member's	1767
police force, or the townships that created the joint township	1768
police district served by the member's police force, or the	1769
township that is served by the township constable, is sixty	1770
thousand or less, the member of the township police district or	1771
joint police district police force or the township constable may	1772
not make an arrest under division (E)(2) of this section on a	1773
state highway that is included as part of the interstate system.	1774

(3) A police officer or village marshal appointed, elected,	1775
or employed by a municipal corporation may arrest and detain,	1776
until a warrant can be obtained, any person found violating any	1777
section or chapter of the Revised Code listed in division (E)(1)	1778
of this section on the portion of any street or highway that is	1779
located immediately adjacent to the boundaries of the municipal	1780
corporation in which the police officer or village marshal is	1781
appointed, elected, or employed.	1782

(4) A peace officer of the department of natural resources, a	1783
state fire marshal law enforcement officer described in division	1784
(A)(23) of section 109.71 of the Revised Code, or an individual	1785
designated to perform law enforcement duties under section	1786
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	1787
detain, until a warrant can be obtained, any person found	1788
violating any section or chapter of the Revised Code listed in	1789
division (E)(1) of this section, other than sections 4513.33 and	1790
4513.34 of the Revised Code, on the portion of any street or	1791
highway that is located immediately adjacent to the boundaries of	1792
the lands and waters that constitute the territorial jurisdiction	1793
of the peace officer or state fire marshal law enforcement	1794
officer.	1795

(F)(1) A department of mental health special police officer	1796
or a department of developmental disabilities special police	1797
officer may arrest without a warrant and detain until a warrant	1798
can be obtained any person found committing on the premises of any	1799
institution under the jurisdiction of the particular department a	1800
misdemeanor under a law of the state.	1801

A department of mental health special police officer or a	1802
department of developmental disabilities special police officer	1803
may arrest without a warrant and detain until a warrant can be	1804
obtained any person who has been hospitalized, institutionalized,	1805
or confined in an institution under the jurisdiction of the	1806
particular department pursuant to or under authority of section	1807
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1808
2945.402 of the Revised Code and who is found committing on the	1809
premises of any institution under the jurisdiction of the	1810
particular department a violation of section 2921.34 of the	1811
Revised Code that involves an escape from the premises of the	1812
institution.	1813

(2)(a) If a department of mental health special police	1814
officer or a department of developmental disabilities special	1815
police officer finds any person who has been hospitalized,	1816
institutionalized, or confined in an institution under the	1817
jurisdiction of the particular department pursuant to or under	1818
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	1819
2945.401, or 2945.402 of the Revised Code committing a violation	1820
of section 2921.34 of the Revised Code that involves an escape	1821
from the premises of the institution, or if there is reasonable	1822
ground to believe that a violation of section 2921.34 of the	1823
Revised Code has been committed that involves an escape from the	1824
premises of an institution under the jurisdiction of the	1825
department of mental health or the department of developmental	1826
disabilities and if a department of mental health special police	1827
officer or a department of developmental disabilities special	1828
police officer has reasonable cause to believe that a particular	1829
person who has been hospitalized, institutionalized, or confined	1830
in the institution pursuant to or under authority of section	1831
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1832
2945.402 of the Revised Code is guilty of the violation, the	1833
special police officer, outside of the premises of the	1834
institution, may pursue, arrest, and detain that person for that	1835
violation of section 2921.34 of the Revised Code, until a warrant	1836
can be obtained, if both of the following apply:	1837

(i) The pursuit takes place without unreasonable delay after	1838
the offense is committed;	1839

(ii) The pursuit is initiated within the premises of the	1840
institution from which the violation of section 2921.34 of the	1841
Revised Code occurred.	1842

(b) For purposes of division (F)(2)(a) of this section, the	1843
execution of a written statement by the administrator of the	1844
institution in which a person had been hospitalized,	1845
institutionalized, or confined pursuant to or under authority of	1846
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1847
2945.402 of the Revised Code alleging that the person has escaped	1848
from the premises of the institution in violation of section	1849
2921.34 of the Revised Code constitutes reasonable ground to	1850
believe that the violation was committed and reasonable cause to	1851
believe that the person alleged in the statement to have committed	1852
the offense is guilty of the violation.	1853

(G) As used in this section:

1854

(1) A "department of mental health special police officer"	1855
means a special police officer of the department of mental health	1856
designated under section 5119.14 of the Revised Code who is	1857
certified by the Ohio peace officer training commission under	1858
section 109.77 of the Revised Code as having successfully	1859
completed an approved peace officer basic training program.	1860

(2) A "department of developmental disabilities special	1861
police officer" means a special police officer of the department	1862
of developmental disabilities designated under section 5123.13 of	1863
the Revised Code who is certified by the Ohio peace officer	1864
training council under section 109.77 of the Revised Code as	1865
having successfully completed an approved peace officer basic	1866
training program.	1867

(3) "Deadly weapon" has the same meaning as in section	1868
2923.11 of the Revised Code.	1869

(4) "Family or household member" has the same meaning as in	1870
section 2919.25 of the Revised Code.	1871

(5) "Street" or "highway" has the same meaning as in section	1872
4511.01 of the Revised Code.	1873

(6) "Interstate system" has the same meaning as in section	1874
5516.01 of the Revised Code.	1875

(7) "Peace officer of the department of natural resources"	1876
means an employee of the department of natural resources who is a	1877
natural resources law enforcement staff officer designated	1878
pursuant to section 1501.013 of the Revised Code, a forest officer	1879
designated pursuant to section 1503.29 of the Revised Code, a	1880
preserve officer designated pursuant to section 1517.10 of the	1881
Revised Code, a wildlife officer designated pursuant to section	1882
1531.13 of the Revised Code, a park officer designated pursuant to	1883
section 1541.10 of the Revised Code, or a state watercraft officer	1884
designated pursuant to section 1547.521 of the Revised Code.	1885

(8) "Portion of any street or highway" means all lanes of the	1886
street or highway irrespective of direction of travel, including	1887
designated turn lanes, and any berm, median, or shoulder.	1888

Sec. 2935.032.  (A) Not later than ninety days after the	1889
effective date of this amendmentOctober 21, 1997, each agency,	1890
instrumentality, or political subdivision that is served by any	1891
peace officer described in division (B)(1) of section 2935.03 of	1892
the Revised Code shall adopt, in accordance with division (E) of	1893
this section, written policies, written procedures implementing	1894
the policies, and other written procedures for the peace officers	1895
who serve it to follow in implementing division (B)(3) of section	1896
2935.03 of the Revised Code and for their appropriate response to	1897
each report of an alleged incident of the offense of domestic	1898
violence or an alleged incident of the offense of violating a	1899
protection order. The policies and procedures shall conform to and	1900
be consistent with the provisions of divisions (B)(1) and (B)(3)	1901
of section 2935.03 of the Revised Code and divisions (B) to (D)	1902
and (C) of this section. Each policy adopted under this division	1903
shall include, but not be limited to, all of the following:	1904

(1) Provisions specifying that, if a peace officer who serves	1905
the agency, instrumentality, or political subdivision responds to	1906
an alleged incident of the offense of domestic violence, an	1907
alleged incident of the offense of violating a protection order,	1908
or an alleged incident of any other offense, both of the following	1909
apply:	1910

(a) If the officer determines that there are reasonable	1911
grounds to believe that a person knowingly caused serious physical	1912
harm to another or to another's unborn or knowingly caused or	1913
attempted to cause physical harm to another or to another's unborn	1914
by means of a deadly weapon or dangerous ordnance, then,	1915
regardless of whether the victim of the offense was a family or	1916
household member of the offender, the officer shall treat the	1917
incident as felonious assault, shall consider the offender to have	1918
committed and the victim to have been the victim of felonious	1919
assault, shall consider the offense that was committed to have	1920
been felonious assault in determining the manner in which the	1921
offender should be treated, and shall comply with whichever of the	1922
following is applicable:	1923

(i) Unless the officer has reasonable cause to believe that,	1924
during the incident, the offender who committed the felonious	1925
assault and one or more other persons committed offenses against	1926
each other, the officer shall arrest the offender who committed	1927
the felonious assault pursuant to section 2935.03 of the Revised	1928
Code and shall detain that offender pursuant to that section until	1929
a warrant can be obtained, and the arrest shall be for felonious	1930
assault.	1931

(ii) If the officer has reasonable cause to believe that,	1932
during the incident, the offender who committed the felonious	1933
assault and one or more other persons committed offenses against	1934
each other, the officer shall determine in accordance with	1935
division (B)(3)(d) of section 2935.03 of the Revised Code which of	1936
those persons is the primary physical aggressor. If the offender	1937
who committed the felonious assault is the primary physical	1938
aggressor, the officer shall arrest that offender for felonious	1939
assault pursuant to section 2935.03 of the Revised Code and shall	1940
detain that offender pursuant to that section until a warrant can	1941
be obtained, and the officer is not required to arrest but may	1942
arrest pursuant to section 2935.03 of the Revised Code any other	1943
person who committed an offense but who is not the primary	1944
physical aggressor. If the offender who committed the felonious	1945
assault is not the primary physical aggressor, the officer is not	1946
required to arrest that offender or any other person who committed	1947
an offense during the incident but may arrest any of them pursuant	1948
to section 2935.03 of the Revised Code and detain them pursuant to	1949
that section until a warrant can be obtained.	1950

(b) If the officer determines that there are reasonable	1951
grounds to believe that a person, while under the influence of	1952
sudden passion or in a sudden fit of rage, either of which is	1953
brought on by serious provocation occasioned by the victim that is	1954
reasonably sufficient to incite the person into using deadly	1955
force, knowingly caused serious physical harm to another or to	1956
another's unborn or knowingly caused or attempted to cause	1957
physical harm to another or to another's unborn by means of a	1958
deadly weapon or dangerous ordnance, then, regardless of whether	1959
the victim of the offense was a family or household member of the	1960
offender, the officer shall treat the incident as aggravated	1961
assault, shall consider the offender to have committed and the	1962
victim to have been the victim of aggravated assault, shall	1963
consider the offense that was committed to have been aggravated	1964
assault in determining the manner in which the offender should be	1965
treated, and shall comply with whichever of the following is	1966
applicable:	1967

(i) Unless the officer has reasonable cause to believe that,	1968
during the incident, the offender who committed the aggravated	1969
assault and one or more other persons committed offenses against	1970
each other, the officer shall arrest the offender who committed	1971
the aggravated assault pursuant to section 2935.03 of the Revised	1972
Code and shall detain that offender pursuant to that section until	1973
a warrant can be obtained, and the arrest shall be for aggravated	1974
assault.	1975

(ii) If the officer has reasonable cause to believe that,	1976
during the incident, the offender who committed the aggravated	1977
assault and one or more other persons committed offenses against	1978
each other, the officer shall determine in accordance with	1979
division (B)(3)(d) of section 2935.03 of the Revised Code which of	1980
those persons is the primary physical aggressor. If the offender	1981
who committed the aggravated assault is the primary physical	1982
aggressor, the officer shall arrest that offender for aggravated	1983
assault pursuant to section 2935.03 of the Revised Code and shall	1984
detain that offender pursuant to that section until a warrant can	1985
be obtained, and the officer is not required to arrest but may	1986
arrest pursuant to section 2935.03 of the Revised Code any other	1987
person who committed an offense but who is not the primary	1988
physical aggressor. If the offender who committed the aggravated	1989
assault is not the primary physical aggressor, the officer is not	1990
required to arrest that offender or any other person who committed	1991
an offense during the incident but may arrest any of them pursuant	1992
to section 2935.03 of the Revised Code and detain them pursuant to	1993
that section until a warrant can be obtained.	1994

(2) Provisions requiring the peace officers who serve the	1995
agency, instrumentality, or political subdivision to do all of the	1996
following:	1997

(a) Respond without undue delay to a report of an alleged	1998
incident of the offense of domestic violence or the offense of	1999
violating a protection order;	2000

(b) If the alleged offender has been granted pretrial release	2001
from custody on a prior charge of the offense of domestic violence	2002
or the offense of violating a protection order and has violated	2003
one or more conditions of that pretrial release, document the	2004
facts and circumstances of the violation in the report to the law	2005
enforcement agency that the peace officer makes pursuant to	2006
division (D) of this section;	2007

(c) Separate the victim of the offense of domestic violence	2008
or the offense of violating a protection order and the alleged	2009
offender, conduct separate interviews with the victim and the	2010
alleged offender in separate locations, and take a written	2011
statement from the victim that indicates the frequency and	2012
severity of any prior incidents of physical abuse of the victim by	2013
the alleged offender, the number of times the victim has called	2014
peace officers for assistance, and the disposition of those calls,	2015
if known;	2016

(d) Comply with divisions (B)(1) and (B)(3) of section	2017
2935.03 of the Revised Code and with divisions (B), (C), and (D)	2018
of this section.	2019

(3) Sanctions to be imposed upon a peace officer who serves	2020
the agency, instrumentality, or political subdivision and who	2021
fails to comply with any provision in the policy or with division	2022
(B)(1) or (B)(3) of section 2935.03 of the Revised Code or	2023
division (B), (C), or (D) of this section.	2024

(4) Examples of reasons that a peace officer may consider for	2025
not arresting and detaining until a warrant can be obtained a	2026
person who allegedly committed the offense of domestic violence or	2027
the offense of violating a protection order when it is the	2028
preferred course of action in this state that the officer arrest	2029
the alleged offender, as described in division (B)(3)(b) of	2030
section 2935.03 of the Revised Code.	2031

(B)(1) Nothing in this section or in division (B)(1) or	2032
(B)(3) of section 2935.03 of the Revised Code precludes an agency,	2033
instrumentality, or political subdivision that is served by any	2034
peace officer described in division (B)(1) of section 2935.03 of	2035
the Revised Code from including in the policy it adopts under	2036
division (A) of this section either of the following types of	2037
provisions:	2038

(a) A provision that requires the peace officers who serve	2039
it, if they have reasonable grounds to believe that the offense of	2040
domestic violence or the offense of violating a protection order	2041
has been committed within the limits of the jurisdiction of the	2042
agency, instrumentality, or political subdivision and reasonable	2043
cause to believe that a particular person committed the offense,	2044
to arrest the alleged offender;	2045

(b) A provision that does not require the peace officers who	2046
serve it, if they have reasonable grounds to believe that the	2047
offense of domestic violence or the offense of violating a	2048
protection order has been committed within the limits of the	2049
jurisdiction of the agency, instrumentality, or political	2050
subdivision and reasonable cause to believe that a particular	2051
person committed the offense, to arrest the alleged offender, but	2052
that grants the officers less discretion in those circumstances in	2053
deciding whether to arrest the alleged offender than peace	2054
officers are granted by divisions (B)(1) and (B)(3) of section	2055
2935.03 of the Revised Code.	2056

(2) If an agency, instrumentality, or political subdivision	2057
that is served by any peace officer described in division (B)(1)	2058
of section 2935.03 of the Revised Code includes in the policy it	2059
adopts under division (A) of this section a provision of the type	2060
described in division (B)(1)(a) or (b) of this section, the peace	2061
officers who serve the agency, instrumentality, or political	2062
subdivision shall comply with the provision in making arrests	2063
authorized under division (B)(1) of section 2935.03 of the Revised	2064
Code.	2065

(C) When a peace officer described in division (B)(1) of	2066
section 2935.03 of the Revised Code investigates a report of an	2067
alleged incident of the offense of domestic violence or an alleged	2068
incident of the offense of violating a protection order, the	2069
officer shall do all of the following:	2070

(1) Complete a domestic violence report in accordance with	2071
division (D) of this section;	2072

(2) Advise the victim of the availability of a temporary	2073
protection order pursuant to section 2919.26 of the Revised Code	2074
or a protection order or consent agreement pursuant to section	2075
3113.31 of the Revised Code;	2076

(3) Give the victim the officer's name, the officer's badge	2077
number if the officer has a badge and the badge has a number, the	2078
report number for the incident if a report number is available at	2079
the time of the officer's investigation, a telephone number that	2080
the victim can call for information about the case, the telephone	2081
number of a domestic violence shelter in the area, and information	2082
on any local victim advocate program.	2083

(D) A peace officer who investigates a report of an alleged	2084
incident of the offense of domestic violence or an alleged	2085
incident of the offense of violating a protection order shall make	2086
a written report of the incident whether or not an arrest is made.	2087
The report shall document the officer's observations of the victim	2088
and the alleged offender, any visible injuries of the victim or	2089
alleged offender, any weapons at the scene, the actions of the	2090
alleged offender, any statements made by the victim or witnesses,	2091
and any other significant facts or circumstances. If the officer	2092
does not arrest and detain until a warrant can be obtained a	2093
person who allegedly committed the offense of domestic violence or	2094
the offense of violating a protection order when it is the	2095
preferred course of action in this state pursuant to division	2096
(B)(3)(b) of section 2935.03 of the Revised Code that the alleged	2097
offender be arrested, the officer must articulate in the report a	2098
clear statement of the officer's reasons for not arresting and	2099
detaining that alleged offender until a warrant can be obtained.	2100
The officer shall submit the written report to the law enforcement	2101
agency to which the officer has been appointed, employed, or	2102
elected.	2103

(E) Each agency, instrumentality, or political subdivision	2104
that is required to adopt policies and procedures under division	2105
(A) of this section shall adopt those policies and procedures in	2106
conjunction and consultation with shelters in the community for	2107
victims of domestic violence and private organizations, law	2108
enforcement agencies, and other public agencies in the community	2109
that have expertise in the recognition and handling of domestic	2110
violence cases.	2111

(F) To the extent described in and in accordance with section	2112
9.86 or 2744.03 of the Revised Code, a peace officer who arrests	2113
an offender for the offense of violating a protection order with	2114
respect to a protection order or consent agreement of this state	2115
or another state that on its face is valid is immune from	2116
liability in a civil action for damages for injury, death, or loss	2117
to person or property that allegedly was caused by or related to	2118
the arrest.	2119

(G) Each agency, instrumentality, or political subdivision	2120
described in division (A) of this section that arrests an offender	2121
for an alleged incident of the offense of domestic violence or an	2122
alleged incident of the offense of violating a protection order	2123
shall consider referring the case to federal authorities for	2124
prosecution under 18 U.S.C. 2261 if the incident constitutes a	2125
violation of federal law.	2126

(H) As used in this section:

2127

(1) "Another's unborn" has the same meaning as in section	2128
2903.09 of the Revised Code.	2129

(2) "Dangerous ordnance" and "deadly weapon" have the same	2130
meanings as in section 2923.11 of the Revised Code.	2131

(3) "The offense of violating a protection order" includes	2132
the former offense of violating a protection order or consent	2133
agreement or anti-stalking protection order as set forth in	2134
section 2919.27 of the Revised Code as it existed prior to the	2135
effective date of this amendmentOctober 21, 1997.	2136

Sec. 3701.048.  (A) The Ohio department of health, in	2137
consultation with bodies acting as domestic violence statewide	2138
coalitions and initiatives on the effective date of this section,	2139
shall adopt rules in accordance with Chapter 119. of the Revised	2140
Code that establish a procedure for domestic violence fatality	2141
review boards to follow in conducting a review of the death of an	2142
adult as a result of domestic violence.	2143

(B) The Ohio department of health shall provide for training	2144
for members of domestic violence fatality review boards in the	2145
purpose of the review process, the scope of their immunity from	2146
civil liability, the nature and confidentiality of the information	2147
they collect or review, and the manner in which the data they	2148
collect must be reported to the department. The department shall	2149
establish guidelines and develop materials for use in the	2150
training.	2151

Sec. 4731.22.  (A) The state medical board, by an affirmative	2152
vote of not fewer than six of its members, may revoke or may	2153
refuse to grant a certificate to a person found by the board to	2154
have committed fraud during the administration of the examination	2155
for a certificate to practice or to have committed fraud,	2156
misrepresentation, or deception in applying for or securing any	2157
certificate to practice or certificate of registration issued by	2158
the board.	2159

(B) The board, by an affirmative vote of not fewer than six	2160
members, shall, to the extent permitted by law, limit, revoke, or	2161
suspend an individual's certificate to practice, refuse to	2162
register an individual, refuse to reinstate a certificate, or	2163
reprimand or place on probation the holder of a certificate for	2164
one or more of the following reasons:	2165

(1) Permitting one's name or one's certificate to practice or	2166
certificate of registration to be used by a person, group, or	2167
corporation when the individual concerned is not actually	2168
directing the treatment given;	2169

(2) Failure to maintain minimal standards applicable to the	2170
selection or administration of drugs, or failure to employ	2171
acceptable scientific methods in the selection of drugs or other	2172
modalities for treatment of disease;	2173

(3) Selling, giving away, personally furnishing, prescribing,	2174
or administering drugs for other than legal and legitimate	2175
therapeutic purposes or a plea of guilty to, a judicial finding of	2176
guilt of, or a judicial finding of eligibility for intervention in	2177
lieu of conviction of, a violation of any federal or state law	2178
regulating the possession, distribution, or use of any drug;	2179

(4) Willfully betraying a professional confidence.

2180

For purposes of this division, "willfully betraying a	2181
professional confidence" does not include providing any	2182
information, documents, or reports to a child fatality review	2183
board under sections 307.621 to 307.629 of the Revised Code or to	2184
a domestic violence fatality review board under sections 307.6210	2185
to 307.6218 of the Revised Code and does not include the making of	2186
a report of an employee's use of a drug of abuse, or a report of a	2187
condition of an employee other than one involving the use of a	2188
drug of abuse, to the employer of the employee as described in	2189
division (B) of section 2305.33 of the Revised Code. Nothing in	2190
this division affects the immunity from civil liability conferred	2191
by that section upon a physician who makes either type of report	2192
in accordance with division (B) of that section. As used in this	2193
division, "employee," "employer," and "physician" have the same	2194
meanings as in section 2305.33 of the Revised Code.	2195

(5) Making a false, fraudulent, deceptive, or misleading	2196
statement in the solicitation of or advertising for patients; in	2197
relation to the practice of medicine and surgery, osteopathic	2198
medicine and surgery, podiatric medicine and surgery, or a limited	2199
branch of medicine; or in securing or attempting to secure any	2200
certificate to practice or certificate of registration issued by	2201
the board.	2202

As used in this division, "false, fraudulent, deceptive, or	2203
misleading statement" means a statement that includes a	2204
misrepresentation of fact, is likely to mislead or deceive because	2205
of a failure to disclose material facts, is intended or is likely	2206
to create false or unjustified expectations of favorable results,	2207
or includes representations or implications that in reasonable	2208
probability will cause an ordinarily prudent person to	2209
misunderstand or be deceived.	2210

(6) A departure from, or the failure to conform to, minimal	2211
standards of care of similar practitioners under the same or	2212
similar circumstances, whether or not actual injury to a patient	2213
is established;	2214

(7) Representing, with the purpose of obtaining compensation	2215
or other advantage as personal gain or for any other person, that	2216
an incurable disease or injury, or other incurable condition, can	2217
be permanently cured;	2218

(8) The obtaining of, or attempting to obtain, money or	2219
anything of value by fraudulent misrepresentations in the course	2220
of practice;	2221

(9) A plea of guilty to, a judicial finding of guilt of, or a	2222
judicial finding of eligibility for intervention in lieu of	2223
conviction for, a felony;	2224

(10) Commission of an act that constitutes a felony in this	2225
state, regardless of the jurisdiction in which the act was	2226
committed;	2227

(11) A plea of guilty to, a judicial finding of guilt of, or	2228
a judicial finding of eligibility for intervention in lieu of	2229
conviction for, a misdemeanor committed in the course of practice;	2230

(12) Commission of an act in the course of practice that	2231
constitutes a misdemeanor in this state, regardless of the	2232
jurisdiction in which the act was committed;	2233

(13) A plea of guilty to, a judicial finding of guilt of, or	2234
a judicial finding of eligibility for intervention in lieu of	2235
conviction for, a misdemeanor involving moral turpitude;	2236

(14) Commission of an act involving moral turpitude that	2237
constitutes a misdemeanor in this state, regardless of the	2238
jurisdiction in which the act was committed;	2239

(15) Violation of the conditions of limitation placed by the	2240
board upon a certificate to practice;	2241

(16) Failure to pay license renewal fees specified in this	2242
chapter;	2243

(17) Except as authorized in section 4731.31 of the Revised	2244
Code, engaging in the division of fees for referral of patients,	2245
or the receiving of a thing of value in return for a specific	2246
referral of a patient to utilize a particular service or business;	2247

(18) Subject to section 4731.226 of the Revised Code,	2248
violation of any provision of a code of ethics of the American	2249
medical association, the American osteopathic association, the	2250
American podiatric medical association, or any other national	2251
professional organizations that the board specifies by rule. The	2252
state medical board shall obtain and keep on file current copies	2253
of the codes of ethics of the various national professional	2254
organizations. The individual whose certificate is being suspended	2255
or revoked shall not be found to have violated any provision of a	2256
code of ethics of an organization not appropriate to the	2257
individual's profession.	2258

For purposes of this division, a "provision of a code of	2259
ethics of a national professional organization" does not include	2260
any provision that would preclude the making of a report by a	2261
physician of an employee's use of a drug of abuse, or of a	2262
condition of an employee other than one involving the use of a	2263
drug of abuse, to the employer of the employee as described in	2264
division (B) of section 2305.33 of the Revised Code. Nothing in	2265
this division affects the immunity from civil liability conferred	2266
by that section upon a physician who makes either type of report	2267
in accordance with division (B) of that section. As used in this	2268
division, "employee," "employer," and "physician" have the same	2269
meanings as in section 2305.33 of the Revised Code.	2270

(19) Inability to practice according to acceptable and	2271
prevailing standards of care by reason of mental illness or	2272
physical illness, including, but not limited to, physical	2273
deterioration that adversely affects cognitive, motor, or	2274
perceptive skills.	2275

In enforcing this division, the board, upon a showing of a	2276
possible violation, may compel any individual authorized to	2277
practice by this chapter or who has submitted an application	2278
pursuant to this chapter to submit to a mental examination,	2279
physical examination, including an HIV test, or both a mental and	2280
a physical examination. The expense of the examination is the	2281
responsibility of the individual compelled to be examined. Failure	2282
to submit to a mental or physical examination or consent to an HIV	2283
test ordered by the board constitutes an admission of the	2284
allegations against the individual unless the failure is due to	2285
circumstances beyond the individual's control, and a default and	2286
final order may be entered without the taking of testimony or	2287
presentation of evidence. If the board finds an individual unable	2288
to practice because of the reasons set forth in this division, the	2289
board shall require the individual to submit to care, counseling,	2290
or treatment by physicians approved or designated by the board, as	2291
a condition for initial, continued, reinstated, or renewed	2292
authority to practice. An individual affected under this division	2293
shall be afforded an opportunity to demonstrate to the board the	2294
ability to resume practice in compliance with acceptable and	2295
prevailing standards under the provisions of the individual's	2296
certificate. For the purpose of this division, any individual who	2297
applies for or receives a certificate to practice under this	2298
chapter accepts the privilege of practicing in this state and, by	2299
so doing, shall be deemed to have given consent to submit to a	2300
mental or physical examination when directed to do so in writing	2301
by the board, and to have waived all objections to the	2302
admissibility of testimony or examination reports that constitute	2303
a privileged communication.	2304

(20) Except when civil penalties are imposed under section	2305
4731.225 or 4731.281 of the Revised Code, and subject to section	2306
4731.226 of the Revised Code, violating or attempting to violate,	2307
directly or indirectly, or assisting in or abetting the violation	2308
of, or conspiring to violate, any provisions of this chapter or	2309
any rule promulgated by the board.	2310

This division does not apply to a violation or attempted	2311
violation of, assisting in or abetting the violation of, or a	2312
conspiracy to violate, any provision of this chapter or any rule	2313
adopted by the board that would preclude the making of a report by	2314
a physician of an employee's use of a drug of abuse, or of a	2315
condition of an employee other than one involving the use of a	2316
drug of abuse, to the employer of the employee as described in	2317
division (B) of section 2305.33 of the Revised Code. Nothing in	2318
this division affects the immunity from civil liability conferred	2319
by that section upon a physician who makes either type of report	2320
in accordance with division (B) of that section. As used in this	2321
division, "employee," "employer," and "physician" have the same	2322
meanings as in section 2305.33 of the Revised Code.	2323

(21) The violation of section 3701.79 of the Revised Code or	2324
of any abortion rule adopted by the public health council pursuant	2325
to section 3701.341 of the Revised Code;	2326

(22) Any of the following actions taken by the agency	2327
responsible for regulating the practice of medicine and surgery,	2328
osteopathic medicine and surgery, podiatric medicine and surgery,	2329
or the limited branches of medicine in another jurisdiction, for	2330
any reason other than the nonpayment of fees: the limitation,	2331
revocation, or suspension of an individual's license to practice;	2332
acceptance of an individual's license surrender; denial of a	2333
license; refusal to renew or reinstate a license; imposition of	2334
probation; or issuance of an order of censure or other reprimand;	2335

(23) The violation of section 2919.12 of the Revised Code or	2336
the performance or inducement of an abortion upon a pregnant woman	2337
with actual knowledge that the conditions specified in division	2338
(B) of section 2317.56 of the Revised Code have not been satisfied	2339
or with a heedless indifference as to whether those conditions	2340
have been satisfied, unless an affirmative defense as specified in	2341
division (H)(2) of that section would apply in a civil action	2342
authorized by division (H)(1) of that section;	2343

(24) The revocation, suspension, restriction, reduction, or	2344
termination of clinical privileges by the United States department	2345
of defense or department of veterans affairs or the termination or	2346
suspension of a certificate of registration to prescribe drugs by	2347
the drug enforcement administration of the United States	2348
department of justice;	2349

(25) Termination or suspension from participation in the	2350
medicare or medicaid programs by the department of health and	2351
human services or other responsible agency for any act or acts	2352
that also would constitute a violation of division (B)(2), (3),	2353
(6), (8), or (19) of this section;	2354

(26) Impairment of ability to practice according to	2355
acceptable and prevailing standards of care because of habitual or	2356
excessive use or abuse of drugs, alcohol, or other substances that	2357
impair ability to practice.	2358

For the purposes of this division, any individual authorized	2359
to practice by this chapter accepts the privilege of practicing in	2360
this state subject to supervision by the board. By filing an	2361
application for or holding a certificate to practice under this	2362
chapter, an individual shall be deemed to have given consent to	2363
submit to a mental or physical examination when ordered to do so	2364
by the board in writing, and to have waived all objections to the	2365
admissibility of testimony or examination reports that constitute	2366
privileged communications.	2367

If it has reason to believe that any individual authorized to	2368
practice by this chapter or any applicant for certification to	2369
practice suffers such impairment, the board may compel the	2370
individual to submit to a mental or physical examination, or both.	2371
The expense of the examination is the responsibility of the	2372
individual compelled to be examined. Any mental or physical	2373
examination required under this division shall be undertaken by a	2374
treatment provider or physician who is qualified to conduct the	2375
examination and who is chosen by the board.	2376

Failure to submit to a mental or physical examination ordered	2377
by the board constitutes an admission of the allegations against	2378
the individual unless the failure is due to circumstances beyond	2379
the individual's control, and a default and final order may be	2380
entered without the taking of testimony or presentation of	2381
evidence. If the board determines that the individual's ability to	2382
practice is impaired, the board shall suspend the individual's	2383
certificate or deny the individual's application and shall require	2384
the individual, as a condition for initial, continued, reinstated,	2385
or renewed certification to practice, to submit to treatment.	2386

Before being eligible to apply for reinstatement of a	2387
certificate suspended under this division, the impaired	2388
practitioner shall demonstrate to the board the ability to resume	2389
practice in compliance with acceptable and prevailing standards of	2390
care under the provisions of the practitioner's certificate. The	2391
demonstration shall include, but shall not be limited to, the	2392
following:	2393

(a) Certification from a treatment provider approved under	2394
section 4731.25 of the Revised Code that the individual has	2395
successfully completed any required inpatient treatment;	2396

(b) Evidence of continuing full compliance with an aftercare	2397
contract or consent agreement;	2398

(c) Two written reports indicating that the individual's	2399
ability to practice has been assessed and that the individual has	2400
been found capable of practicing according to acceptable and	2401
prevailing standards of care. The reports shall be made by	2402
individuals or providers approved by the board for making the	2403
assessments and shall describe the basis for their determination.	2404

The board may reinstate a certificate suspended under this	2405
division after that demonstration and after the individual has	2406
entered into a written consent agreement.	2407

When the impaired practitioner resumes practice, the board	2408
shall require continued monitoring of the individual. The	2409
monitoring shall include, but not be limited to, compliance with	2410
the written consent agreement entered into before reinstatement or	2411
with conditions imposed by board order after a hearing, and, upon	2412
termination of the consent agreement, submission to the board for	2413
at least two years of annual written progress reports made under	2414
penalty of perjury stating whether the individual has maintained	2415
sobriety.	2416

(27) A second or subsequent violation of section 4731.66 or	2417
4731.69 of the Revised Code;	2418

(28) Except as provided in division (N) of this section:

2419

(a) Waiving the payment of all or any part of a deductible or	2420
copayment that a patient, pursuant to a health insurance or health	2421
care policy, contract, or plan that covers the individual's	2422
services, otherwise would be required to pay if the waiver is used	2423
as an enticement to a patient or group of patients to receive	2424
health care services from that individual;	2425

(b) Advertising that the individual will waive the payment of	2426
all or any part of a deductible or copayment that a patient,	2427
pursuant to a health insurance or health care policy, contract, or	2428
plan that covers the individual's services, otherwise would be	2429
required to pay.	2430

(29) Failure to use universal blood and body fluid	2431
precautions established by rules adopted under section 4731.051 of	2432
the Revised Code;	2433

(30) Failure to provide notice to, and receive acknowledgment	2434
of the notice from, a patient when required by section 4731.143 of	2435
the Revised Code prior to providing nonemergency professional	2436
services, or failure to maintain that notice in the patient's	2437
file;	2438

(31) Failure of a physician supervising a physician assistant	2439
to maintain supervision in accordance with the requirements of	2440
Chapter 4730. of the Revised Code and the rules adopted under that	2441
chapter;	2442

(32) Failure of a physician or podiatrist to enter into a	2443
standard care arrangement with a clinical nurse specialist,	2444
certified nurse-midwife, or certified nurse practitioner with whom	2445
the physician or podiatrist is in collaboration pursuant to	2446
section 4731.27 of the Revised Code or failure to fulfill the	2447
responsibilities of collaboration after entering into a standard	2448
care arrangement;	2449

(33) Failure to comply with the terms of a consult agreement	2450
entered into with a pharmacist pursuant to section 4729.39 of the	2451
Revised Code;	2452

(34) Failure to cooperate in an investigation conducted by	2453
the board under division (F) of this section, including failure to	2454
comply with a subpoena or order issued by the board or failure to	2455
answer truthfully a question presented by the board at a	2456
deposition or in written interrogatories, except that failure to	2457
cooperate with an investigation shall not constitute grounds for	2458
discipline under this section if a court of competent jurisdiction	2459
has issued an order that either quashes a subpoena or permits the	2460
individual to withhold the testimony or evidence in issue;	2461

(35) Failure to supervise an acupuncturist in accordance with	2462
Chapter 4762. of the Revised Code and the board's rules for	2463
supervision of an acupuncturist;	2464

(36) Failure to supervise an anesthesiologist assistant in	2465
accordance with Chapter 4760. of the Revised Code and the board's	2466
rules for supervision of an anesthesiologist assistant;	2467

(37) Assisting suicide as defined in section 3795.01 of the	2468
Revised Code;	2469

(38) Failure to comply with the requirements of section	2470
2317.561 of the Revised Code;	2471

(39) Failure to supervise a radiologist assistant in	2472
accordance with Chapter 4774. of the Revised Code and the board's	2473
rules for supervision of radiologist assistants;	2474

(40) Performing or inducing an abortion at an office or	2475
facility with knowledge that the office or facility fails to post	2476
the notice required under section 3701.791 of the Revised Code.	2477

(C) Disciplinary actions taken by the board under divisions	2478
(A) and (B) of this section shall be taken pursuant to an	2479
adjudication under Chapter 119. of the Revised Code, except that	2480
in lieu of an adjudication, the board may enter into a consent	2481
agreement with an individual to resolve an allegation of a	2482
violation of this chapter or any rule adopted under it. A consent	2483
agreement, when ratified by an affirmative vote of not fewer than	2484
six members of the board, shall constitute the findings and order	2485
of the board with respect to the matter addressed in the	2486
agreement. If the board refuses to ratify a consent agreement, the	2487
admissions and findings contained in the consent agreement shall	2488
be of no force or effect.	2489

If the board takes disciplinary action against an individual	2490
under division (B) of this section for a second or subsequent plea	2491
of guilty to, or judicial finding of guilt of, a violation of	2492
section 2919.123 of the Revised Code, the disciplinary action	2493
shall consist of a suspension of the individual's certificate to	2494
practice for a period of at least one year or, if determined	2495
appropriate by the board, a more serious sanction involving the	2496
individual's certificate to practice. Any consent agreement	2497
entered into under this division with an individual that pertains	2498
to a second or subsequent plea of guilty to, or judicial finding	2499
of guilt of, a violation of that section shall provide for a	2500
suspension of the individual's certificate to practice for a	2501
period of at least one year or, if determined appropriate by the	2502
board, a more serious sanction involving the individual's	2503
certificate to practice.	2504

(D) For purposes of divisions (B)(10), (12), and (14) of this	2505
section, the commission of the act may be established by a finding	2506
by the board, pursuant to an adjudication under Chapter 119. of	2507
the Revised Code, that the individual committed the act. The board	2508
does not have jurisdiction under those divisions if the trial	2509
court renders a final judgment in the individual's favor and that	2510
judgment is based upon an adjudication on the merits. The board	2511
has jurisdiction under those divisions if the trial court issues	2512
an order of dismissal upon technical or procedural grounds.	2513

(E) The sealing of conviction records by any court shall have	2514
no effect upon a prior board order entered under this section or	2515
upon the board's jurisdiction to take action under this section	2516
if, based upon a plea of guilty, a judicial finding of guilt, or a	2517
judicial finding of eligibility for intervention in lieu of	2518
conviction, the board issued a notice of opportunity for a hearing	2519
prior to the court's order to seal the records. The board shall	2520
not be required to seal, destroy, redact, or otherwise modify its	2521
records to reflect the court's sealing of conviction records.	2522

(F)(1) The board shall investigate evidence that appears to	2523
show that a person has violated any provision of this chapter or	2524
any rule adopted under it. Any person may report to the board in a	2525
signed writing any information that the person may have that	2526
appears to show a violation of any provision of this chapter or	2527
any rule adopted under it. In the absence of bad faith, any person	2528
who reports information of that nature or who testifies before the	2529
board in any adjudication conducted under Chapter 119. of the	2530
Revised Code shall not be liable in damages in a civil action as a	2531
result of the report or testimony. Each complaint or allegation of	2532
a violation received by the board shall be assigned a case number	2533
and shall be recorded by the board.	2534

(2) Investigations of alleged violations of this chapter or	2535
any rule adopted under it shall be supervised by the supervising	2536
member elected by the board in accordance with section 4731.02 of	2537
the Revised Code and by the secretary as provided in section	2538
4731.39 of the Revised Code. The president may designate another	2539
member of the board to supervise the investigation in place of the	2540
supervising member. No member of the board who supervises the	2541
investigation of a case shall participate in further adjudication	2542
of the case.	2543

(3) In investigating a possible violation of this chapter or	2544
any rule adopted under this chapter, the board may administer	2545
oaths, order the taking of depositions, issue subpoenas, and	2546
compel the attendance of witnesses and production of books,	2547
accounts, papers, records, documents, and testimony, except that a	2548
subpoena for patient record information shall not be issued	2549
without consultation with the attorney general's office and	2550
approval of the secretary and supervising member of the board.	2551
Before issuance of a subpoena for patient record information, the	2552
secretary and supervising member shall determine whether there is	2553
probable cause to believe that the complaint filed alleges a	2554
violation of this chapter or any rule adopted under it and that	2555
the records sought are relevant to the alleged violation and	2556
material to the investigation. The subpoena may apply only to	2557
records that cover a reasonable period of time surrounding the	2558
alleged violation.	2559

On failure to comply with any subpoena issued by the board	2560
and after reasonable notice to the person being subpoenaed, the	2561
board may move for an order compelling the production of persons	2562
or records pursuant to the Rules of Civil Procedure.	2563

A subpoena issued by the board may be served by a sheriff,	2564
the sheriff's deputy, or a board employee designated by the board.	2565
Service of a subpoena issued by the board may be made by	2566
delivering a copy of the subpoena to the person named therein,	2567
reading it to the person, or leaving it at the person's usual	2568
place of residence. When the person being served is a person whose	2569
practice is authorized by this chapter, service of the subpoena	2570
may be made by certified mail, restricted delivery, return receipt	2571
requested, and the subpoena shall be deemed served on the date	2572
delivery is made or the date the person refuses to accept	2573
delivery.	2574

A sheriff's deputy who serves a subpoena shall receive the	2575
same fees as a sheriff. Each witness who appears before the board	2576
in obedience to a subpoena shall receive the fees and mileage	2577
provided for under section 119.094 of the Revised Code.	2578

(4) All hearings and investigations of the board shall be	2579
considered civil actions for the purposes of section 2305.252 of	2580
the Revised Code.	2581

(5) Information received by the board pursuant to an	2582
investigation is confidential and not subject to discovery in any	2583
civil action.	2584

The board shall conduct all investigations and proceedings in	2585
a manner that protects the confidentiality of patients and persons	2586
who file complaints with the board. The board shall not make	2587
public the names or any other identifying information about	2588
patients or complainants unless proper consent is given or, in the	2589
case of a patient, a waiver of the patient privilege exists under	2590
division (B) of section 2317.02 of the Revised Code, except that	2591
consent or a waiver of that nature is not required if the board	2592
possesses reliable and substantial evidence that no bona fide	2593
physician-patient relationship exists.	2594

The board may share any information it receives pursuant to	2595
an investigation, including patient records and patient record	2596
information, with law enforcement agencies, other licensing	2597
boards, and other governmental agencies that are prosecuting,	2598
adjudicating, or investigating alleged violations of statutes or	2599
administrative rules. An agency or board that receives the	2600
information shall comply with the same requirements regarding	2601
confidentiality as those with which the state medical board must	2602
comply, notwithstanding any conflicting provision of the Revised	2603
Code or procedure of the agency or board that applies when it is	2604
dealing with other information in its possession. In a judicial	2605
proceeding, the information may be admitted into evidence only in	2606
accordance with the Rules of Evidence, but the court shall require	2607
that appropriate measures are taken to ensure that confidentiality	2608
is maintained with respect to any part of the information that	2609
contains names or other identifying information about patients or	2610
complainants whose confidentiality was protected by the state	2611
medical board when the information was in the board's possession.	2612
Measures to ensure confidentiality that may be taken by the court	2613
include sealing its records or deleting specific information from	2614
its records.	2615

(6) On a quarterly basis, the board shall prepare a report	2616
that documents the disposition of all cases during the preceding	2617
three months. The report shall contain the following information	2618
for each case with which the board has completed its activities:	2619

(a) The case number assigned to the complaint or alleged	2620
violation;	2621

(b) The type of certificate to practice, if any, held by the	2622
individual against whom the complaint is directed;	2623

(c) A description of the allegations contained in the	2624
complaint;	2625

(d) The disposition of the case.

2626

The report shall state how many cases are still pending and	2627
shall be prepared in a manner that protects the identity of each	2628
person involved in each case. The report shall be a public record	2629
under section 149.43 of the Revised Code.	2630

(G) If the secretary and supervising member determine that	2631
there is clear and convincing evidence that an individual has	2632
violated division (B) of this section and that the individual's	2633
continued practice presents a danger of immediate and serious harm	2634
to the public, they may recommend that the board suspend the	2635
individual's certificate to practice without a prior hearing.	2636
Written allegations shall be prepared for consideration by the	2637
board.	2638

The board, upon review of those allegations and by an	2639
affirmative vote of not fewer than six of its members, excluding	2640
the secretary and supervising member, may suspend a certificate	2641
without a prior hearing. A telephone conference call may be	2642
utilized for reviewing the allegations and taking the vote on the	2643
summary suspension.	2644

The board shall issue a written order of suspension by	2645
certified mail or in person in accordance with section 119.07 of	2646
the Revised Code. The order shall not be subject to suspension by	2647
the court during pendency of any appeal filed under section 119.12	2648
of the Revised Code. If the individual subject to the summary	2649
suspension requests an adjudicatory hearing by the board, the date	2650
set for the hearing shall be within fifteen days, but not earlier	2651
than seven days, after the individual requests the hearing, unless	2652
otherwise agreed to by both the board and the individual.	2653

Any summary suspension imposed under this division shall	2654
remain in effect, unless reversed on appeal, until a final	2655
adjudicative order issued by the board pursuant to this section	2656
and Chapter 119. of the Revised Code becomes effective. The board	2657
shall issue its final adjudicative order within seventy-five days	2658
after completion of its hearing. A failure to issue the order	2659
within seventy-five days shall result in dissolution of the	2660
summary suspension order but shall not invalidate any subsequent,	2661
final adjudicative order.	2662

(H) If the board takes action under division (B)(9), (11), or	2663
(13) of this section and the judicial finding of guilt, guilty	2664
plea, or judicial finding of eligibility for intervention in lieu	2665
of conviction is overturned on appeal, upon exhaustion of the	2666
criminal appeal, a petition for reconsideration of the order may	2667
be filed with the board along with appropriate court documents.	2668
Upon receipt of a petition of that nature and supporting court	2669
documents, the board shall reinstate the individual's certificate	2670
to practice. The board may then hold an adjudication under Chapter	2671
119. of the Revised Code to determine whether the individual	2672
committed the act in question. Notice of an opportunity for a	2673
hearing shall be given in accordance with Chapter 119. of the	2674
Revised Code. If the board finds, pursuant to an adjudication held	2675
under this division, that the individual committed the act or if	2676
no hearing is requested, the board may order any of the sanctions	2677
identified under division (B) of this section.	2678

(I) The certificate to practice issued to an individual under	2679
this chapter and the individual's practice in this state are	2680
automatically suspended as of the date of the individual's second	2681
or subsequent plea of guilty to, or judicial finding of guilt of,	2682
a violation of section 2919.123 of the Revised Code, or the date	2683
the individual pleads guilty to, is found by a judge or jury to be	2684
guilty of, or is subject to a judicial finding of eligibility for	2685
intervention in lieu of conviction in this state or treatment or	2686
intervention in lieu of conviction in another jurisdiction for any	2687
of the following criminal offenses in this state or a	2688
substantially equivalent criminal offense in another jurisdiction:	2689
aggravated murder, murder, voluntary manslaughter, felonious	2690
assault, kidnapping, rape, sexual battery, gross sexual	2691
imposition, aggravated arson, aggravated robbery, or aggravated	2692
burglary. Continued practice after suspension shall be considered	2693
practicing without a certificate.	2694

The board shall notify the individual subject to the	2695
suspension by certified mail or in person in accordance with	2696
section 119.07 of the Revised Code. If an individual whose	2697
certificate is automatically suspended under this division fails	2698
to make a timely request for an adjudication under Chapter 119. of	2699
the Revised Code, the board shall do whichever of the following is	2700
applicable:	2701

(1) If the automatic suspension under this division is for a	2702
second or subsequent plea of guilty to, or judicial finding of	2703
guilt of, a violation of section 2919.123 of the Revised Code, the	2704
board shall enter an order suspending the individual's certificate	2705
to practice for a period of at least one year or, if determined	2706
appropriate by the board, imposing a more serious sanction	2707
involving the individual's certificate to practice.	2708

(2) In all circumstances in which division (I)(1) of this	2709
section does not apply, enter a final order permanently revoking	2710
the individual's certificate to practice.	2711

(J) If the board is required by Chapter 119. of the Revised	2712
Code to give notice of an opportunity for a hearing and if the	2713
individual subject to the notice does not timely request a hearing	2714
in accordance with section 119.07 of the Revised Code, the board	2715
is not required to hold a hearing, but may adopt, by an	2716
affirmative vote of not fewer than six of its members, a final	2717
order that contains the board's findings. In that final order, the	2718
board may order any of the sanctions identified under division (A)	2719
or (B) of this section.	2720

(K) Any action taken by the board under division (B) of this	2721
section resulting in a suspension from practice shall be	2722
accompanied by a written statement of the conditions under which	2723
the individual's certificate to practice may be reinstated. The	2724
board shall adopt rules governing conditions to be imposed for	2725
reinstatement. Reinstatement of a certificate suspended pursuant	2726
to division (B) of this section requires an affirmative vote of	2727
not fewer than six members of the board.	2728

(L) When the board refuses to grant a certificate to an	2729
applicant, revokes an individual's certificate to practice,	2730
refuses to register an applicant, or refuses to reinstate an	2731
individual's certificate to practice, the board may specify that	2732
its action is permanent. An individual subject to a permanent	2733
action taken by the board is forever thereafter ineligible to hold	2734
a certificate to practice and the board shall not accept an	2735
application for reinstatement of the certificate or for issuance	2736
of a new certificate.	2737

(M) Notwithstanding any other provision of the Revised Code,	2738
all of the following apply:	2739

(1) The surrender of a certificate issued under this chapter	2740
shall not be effective unless or until accepted by the board.	2741
Reinstatement of a certificate surrendered to the board requires	2742
an affirmative vote of not fewer than six members of the board.	2743

(2) An application for a certificate made under the	2744
provisions of this chapter may not be withdrawn without approval	2745
of the board.	2746

(3) Failure by an individual to renew a certificate of	2747
registration in accordance with this chapter shall not remove or	2748
limit the board's jurisdiction to take any disciplinary action	2749
under this section against the individual.	2750

(N) Sanctions shall not be imposed under division (B)(28) of	2751
this section against any person who waives deductibles and	2752
copayments as follows:	2753

(1) In compliance with the health benefit plan that expressly	2754
allows such a practice. Waiver of the deductibles or copayments	2755
shall be made only with the full knowledge and consent of the plan	2756
purchaser, payer, and third-party administrator. Documentation of	2757
the consent shall be made available to the board upon request.	2758

(2) For professional services rendered to any other person	2759
authorized to practice pursuant to this chapter, to the extent	2760
allowed by this chapter and rules adopted by the board.	2761

(O) Under the board's investigative duties described in this	2762
section and subject to division (F) of this section, the board	2763
shall develop and implement a quality intervention program	2764
designed to improve through remedial education the clinical and	2765
communication skills of individuals authorized under this chapter	2766
to practice medicine and surgery, osteopathic medicine and	2767
surgery, and podiatric medicine and surgery. In developing and	2768
implementing the quality intervention program, the board may do	2769
all of the following:	2770

(1) Offer in appropriate cases as determined by the board an	2771
educational and assessment program pursuant to an investigation	2772
the board conducts under this section;	2773

(2) Select providers of educational and assessment services,	2774
including a quality intervention program panel of case reviewers;	2775

(3) Make referrals to educational and assessment service	2776
providers and approve individual educational programs recommended	2777
by those providers. The board shall monitor the progress of each	2778
individual undertaking a recommended individual educational	2779
program.	2780

(4) Determine what constitutes successful completion of an	2781
individual educational program and require further monitoring of	2782
the individual who completed the program or other action that the	2783
board determines to be appropriate;	2784

(5) Adopt rules in accordance with Chapter 119. of the	2785
Revised Code to further implement the quality intervention	2786
program.	2787

An individual who participates in an individual educational	2788
program pursuant to this division shall pay the financial	2789
obligations arising from that educational program.	2790

Section 2.  That existing sections 121.22, 149.43, 2919.25,	2791
2919.27, 2923.13, 2935.03, 2935.032, and 4731.22 of the Revised	2792
Code are hereby repealed.	2793

Section 3.  Section 4731.22 of the Revised Code is presented	2794
in this act as a composite of the section as amended by Am. Sub.	2795
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General	2796
Assembly. The General Assembly, applying the principle stated in	2797
division (B) of section 1.52 of the Revised Code that amendments	2798
are to be harmonized if reasonably capable of simultaneous	2799
operation, finds that the composite is the resulting version of	2800
the section in effect prior to the effective date of the section	2801
as presented in this act.	2802