As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 118

Representative Fende 

Cosponsors: Representatives Combs, Yuko, O'Brien, Maag, Hackett, Buchy, Mallory, Blessing, Szollosi, DeGeeter, Bubp, Boyd, Winburn 

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A BILL

To amend sections 149.43, 2903.01, 2903.11, 2903.12,

1

2903.13, 2903.21, and 2929.04 and to enact section

2

2903.23 of the Revised Code to provide that

3

residential and familial information of a

4

probation officer is not a public record, to

5

increase the penalties for certain offenses when a

6

judge or magistrate is the victim, to prohibit a

7

person from threatening a judge or magistrate, and

8

to make the killing of a judge or magistrate an

9

aggravating circumstance for the imposition of the

10

death penalty for aggravated murder.

11

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

Section 1. That sections 149.43, 2903.01, 2903.11, 2903.12,	12
2903.13, 2903.21, and 2929.04 be amended and section 2903.23 of	13
the Revised Code be enacted to read as follows:	14

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

15

(1) "Public record" means records kept by any public office,	16
including, but not limited to, state, county, city, village,	17
township, and school district units, and records pertaining to the	18
delivery of educational services by an alternative school in this	19
state kept by the nonprofit or for-profit entity operating the	20
alternative school pursuant to section 3313.533 of the Revised	21
Code. "Public record" does not mean any of the following:	22

(a) Medical records;

23

(b) Records pertaining to probation and parole proceedings or	24
to proceedings related to the imposition of community control	25
sanctions and post-release control sanctions;	26

(c) Records pertaining to actions under section 2151.85 and	27
division (C) of section 2919.121 of the Revised Code and to	28
appeals of actions arising under those sections;	29

(d) Records pertaining to adoption proceedings, including the	30
contents of an adoption file maintained by the department of	31
health under section 3705.12 of the Revised Code;	32

(e) Information in a record contained in the putative father	33
registry established by section 3107.062 of the Revised Code,	34
regardless of whether the information is held by the department of	35
job and family services or, pursuant to section 3111.69 of the	36
Revised Code, the office of child support in the department or a	37
child support enforcement agency;	38

(f) Records listed in division (A) of section 3107.42 of the	39
Revised Code or specified in division (A) of section 3107.52 of	40
the Revised Code;	41

(g) Trial preparation records;

42

(h) Confidential law enforcement investigatory records;

43

(i) Records containing information that is confidential under	44
section 2710.03 or 4112.05 of the Revised Code;	45

(j) DNA records stored in the DNA database pursuant to	46
section 109.573 of the Revised Code;	47

(k) Inmate records released by the department of	48
rehabilitation and correction to the department of youth services	49
or a court of record pursuant to division (E) of section 5120.21	50
of the Revised Code;	51

(l) Records maintained by the department of youth services	52
pertaining to children in its custody released by the department	53
of youth services to the department of rehabilitation and	54
correction pursuant to section 5139.05 of the Revised Code;	55

(m) Intellectual property records;

56

(n) Donor profile records;

57

(o) Records maintained by the department of job and family	58
services pursuant to section 3121.894 of the Revised Code;	59

(p) Peace officer, parole officer, probation officer,	60
prosecuting attorney, assistant prosecuting attorney, correctional	61
employee, youth services employee, firefighter, EMT, or	62
investigator of the bureau of criminal identification and	63
investigation residential and familial information;	64

(q) In the case of a county hospital operated pursuant to	65
Chapter 339. of the Revised Code or a municipal hospital operated	66
pursuant to Chapter 749. of the Revised Code, information that	67
constitutes a trade secret, as defined in section 1333.61 of the	68
Revised Code;	69

(r) Information pertaining to the recreational activities of	70
a person under the age of eighteen;	71

(s) Records provided to, statements made by review board	72
members during meetings of, and all work products of a child	73
fatality review board acting under sections 307.621 to 307.629 of	74
the Revised Code, and child fatality review data submitted by the	75
child fatality review board to the department of health or a	76
national child death review database, other than the report	77
prepared pursuant to division (A) of section 307.626 of the	78
Revised Code;	79

(t) Records provided to and statements made by the executive	80
director of a public children services agency or a prosecuting	81
attorney acting pursuant to section 5153.171 of the Revised Code	82
other than the information released under that section;	83

(u) Test materials, examinations, or evaluation tools used in	84
an examination for licensure as a nursing home administrator that	85
the board of examiners of nursing home administrators administers	86
under section 4751.04 of the Revised Code or contracts under that	87
section with a private or government entity to administer;	88

(v) Records the release of which is prohibited by state or	89
federal law;	90

(w) Proprietary information of or relating to any person that	91
is submitted to or compiled by the Ohio venture capital authority	92
created under section 150.01 of the Revised Code;	93

(x) Information reported and evaluations conducted pursuant	94
to section 3701.072 of the Revised Code;	95

(y) Financial statements and data any person submits for any	96
purpose to the Ohio housing finance agency or the controlling	97
board in connection with applying for, receiving, or accounting	98
for financial assistance from the agency, and information that	99
identifies any individual who benefits directly or indirectly from	100
financial assistance from the agency;	101

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

102

(aa) Discharges recorded with a county recorder under section	103
317.24 of the Revised Code, as specified in division (B)(2) of	104
that section.	105

(2) "Confidential law enforcement investigatory record" means	106
any record that pertains to a law enforcement matter of a	107
criminal, quasi-criminal, civil, or administrative nature, but	108
only to the extent that the release of the record would create a	109
high probability of disclosure of any of the following:	110

(a) The identity of a suspect who has not been charged with	111
the offense to which the record pertains, or of an information	112
source or witness to whom confidentiality has been reasonably	113
promised;	114

(b) Information provided by an information source or witness	115
to whom confidentiality has been reasonably promised, which	116
information would reasonably tend to disclose the source's or	117
witness's identity;	118

(c) Specific confidential investigatory techniques or	119
procedures or specific investigatory work product;	120

(d) Information that would endanger the life or physical	121
safety of law enforcement personnel, a crime victim, a witness, or	122
a confidential information source.	123

(3) "Medical record" means any document or combination of	124
documents, except births, deaths, and the fact of admission to or	125
discharge from a hospital, that pertains to the medical history,	126
diagnosis, prognosis, or medical condition of a patient and that	127
is generated and maintained in the process of medical treatment.	128

(4) "Trial preparation record" means any record that contains	129
information that is specifically compiled in reasonable	130
anticipation of, or in defense of, a civil or criminal action or	131
proceeding, including the independent thought processes and	132
personal trial preparation of an attorney.	133

(5) "Intellectual property record" means a record, other than	134
a financial or administrative record, that is produced or	135
collected by or for faculty or staff of a state institution of	136
higher learning in the conduct of or as a result of study or	137
research on an educational, commercial, scientific, artistic,	138
technical, or scholarly issue, regardless of whether the study or	139
research was sponsored by the institution alone or in conjunction	140
with a governmental body or private concern, and that has not been	141
publicly released, published, or patented.	142

(6) "Donor profile record" means all records about donors or	143
potential donors to a public institution of higher education	144
except the names and reported addresses of the actual donors and	145
the date, amount, and conditions of the actual donation.	146

(7) "Peace officer, parole officer, probation officer,	147
prosecuting attorney, assistant prosecuting attorney, correctional	148
employee, youth services employee, firefighter, EMT, or	149
investigator of the bureau of criminal identification and	150
investigation residential and familial information" means any	151
information that discloses any of the following about a peace	152
officer, parole officer, probation officer, prosecuting attorney,	153
assistant prosecuting attorney, correctional employee, youth	154
services employee, firefighter, EMT, or investigator of the bureau	155
of criminal identification and investigation:	156

(a) The address of the actual personal residence of a peace	157
officer, parole officer, probation officer, assistant prosecuting	158
attorney, correctional employee, youth services employee,	159
firefighter, EMT, or an investigator of the bureau of criminal	160
identification and investigation, except for the state or	161
political subdivision in which the peace officer, parole officer,	162
probation officer, assistant prosecuting attorney, correctional	163
employee, youth services employee, firefighter, EMT, or	164
investigator of the bureau of criminal identification and	165
investigation resides;	166

(b) Information compiled from referral to or participation in	167
an employee assistance program;	168

(c) The social security number, the residential telephone	169
number, any bank account, debit card, charge card, or credit card	170
number, or the emergency telephone number of, or any medical	171
information pertaining to, a peace officer, parole officer,	172
probation officer, prosecuting attorney, assistant prosecuting	173
attorney, correctional employee, youth services employee,	174
firefighter, EMT, or investigator of the bureau of criminal	175
identification and investigation;	176

(d) The name of any beneficiary of employment benefits,	177
including, but not limited to, life insurance benefits, provided	178
to a peace officer, parole officer, probation officer, prosecuting	179
attorney, assistant prosecuting attorney, correctional employee,	180
youth services employee, firefighter, EMT, or investigator of the	181
bureau of criminal identification and investigation by the peace	182
officer's, parole officer's, probation officer's, prosecuting	183
attorney's, assistant prosecuting attorney's, correctional	184
employee's, youth services employee's, firefighter's, EMT's, or	185
investigator of the bureau of criminal identification and	186
investigation's employer;	187

(e) The identity and amount of any charitable or employment	188
benefit deduction made by the peace officer's, parole officer's,	189
probation officer's, prosecuting attorney's, assistant prosecuting	190
attorney's, correctional employee's, youth services employee's,	191
firefighter's, EMT's, or investigator of the bureau of criminal	192
identification and investigation's employer from the peace	193
officer's, parole officer's, probation officer's, prosecuting	194
attorney's, assistant prosecuting attorney's, correctional	195
employee's, youth services employee's, firefighter's, EMT's, or	196
investigator of the bureau of criminal identification and	197
investigation's compensation unless the amount of the deduction is	198
required by state or federal law;	199

(f) The name, the residential address, the name of the	200
employer, the address of the employer, the social security number,	201
the residential telephone number, any bank account, debit card,	202
charge card, or credit card number, or the emergency telephone	203
number of the spouse, a former spouse, or any child of a peace	204
officer, parole officer, probation officer, prosecuting attorney,	205
assistant prosecuting attorney, correctional employee, youth	206
services employee, firefighter, EMT, or investigator of the bureau	207
of criminal identification and investigation;	208

(g) A photograph of a peace officer who holds a position or	209
has an assignment that may include undercover or plain clothes	210
positions or assignments as determined by the peace officer's	211
appointing authority.	212

As used in divisions (A)(7) and (B)(9) of this section,	213
"peace officer" has the same meaning as in section 109.71 of the	214
Revised Code and also includes the superintendent and troopers of	215
the state highway patrol; it does not include the sheriff of a	216
county or a supervisory employee who, in the absence of the	217
sheriff, is authorized to stand in for, exercise the authority of,	218
and perform the duties of the sheriff.	219

As used in divisions (A)(7) and (B)(5) of this section,	220
"correctional employee" means any employee of the department of	221
rehabilitation and correction who in the course of performing the	222
employee's job duties has or has had contact with inmates and	223
persons under supervision.	224

As used in divisions (A)(7) and (B)(5) of this section,	225
"youth services employee" means any employee of the department of	226
youth services who in the course of performing the employee's job	227
duties has or has had contact with children committed to the	228
custody of the department of youth services.	229

As used in divisions (A)(7) and (B)(9) of this section,	230
"firefighter" means any regular, paid or volunteer, member of a	231
lawfully constituted fire department of a municipal corporation,	232
township, fire district, or village.	233

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	234
means EMTs-basic, EMTs-I, and paramedics that provide emergency	235
medical services for a public emergency medical service	236
organization. "Emergency medical service organization,"	237
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	238
section 4765.01 of the Revised Code.	239

As used in divisions (A)(7) and (B)(9) of this section,	240
"investigator of the bureau of criminal identification and	241
investigation" has the meaning defined in section 2903.11 of the	242
Revised Code.	243

(8) "Information pertaining to the recreational activities of	244
a person under the age of eighteen" means information that is kept	245
in the ordinary course of business by a public office, that	246
pertains to the recreational activities of a person under the age	247
of eighteen years, and that discloses any of the following:	248

(a) The address or telephone number of a person under the age	249
of eighteen or the address or telephone number of that person's	250
parent, guardian, custodian, or emergency contact person;	251

(b) The social security number, birth date, or photographic	252
image of a person under the age of eighteen;	253

(c) Any medical record, history, or information pertaining to	254
a person under the age of eighteen;	255

(d) Any additional information sought or required about a	256
person under the age of eighteen for the purpose of allowing that	257
person to participate in any recreational activity conducted or	258
sponsored by a public office or to use or obtain admission	259
privileges to any recreational facility owned or operated by a	260
public office.	261

(9) "Community control sanction" has the same meaning as in	262
section 2929.01 of the Revised Code.	263

(10) "Post-release control sanction" has the same meaning as	264
in section 2967.01 of the Revised Code.	265

(11) "Redaction" means obscuring or deleting any information	266
that is exempt from the duty to permit public inspection or	267
copying from an item that otherwise meets the definition of a	268
"record" in section 149.011 of the Revised Code.	269

(12) "Designee" and "elected official" have the same meanings	270
as in section 109.43 of the Revised Code.	271

(B)(1) Upon request and subject to division (B)(8) of this	272
section, all public records responsive to the request shall be	273
promptly prepared and made available for inspection to any person	274
at all reasonable times during regular business hours. Subject to	275
division (B)(8) of this section, upon request, a public office or	276
person responsible for public records shall make copies of the	277
requested public record available at cost and within a reasonable	278
period of time. If a public record contains information that is	279
exempt from the duty to permit public inspection or to copy the	280
public record, the public office or the person responsible for the	281
public record shall make available all of the information within	282
the public record that is not exempt. When making that public	283
record available for public inspection or copying that public	284
record, the public office or the person responsible for the public	285
record shall notify the requester of any redaction or make the	286
redaction plainly visible. A redaction shall be deemed a denial of	287
a request to inspect or copy the redacted information, except if	288
federal or state law authorizes or requires a public office to	289
make the redaction.	290

(2) To facilitate broader access to public records, a public	291
office or the person responsible for public records shall organize	292
and maintain public records in a manner that they can be made	293
available for inspection or copying in accordance with division	294
(B) of this section. A public office also shall have available a	295
copy of its current records retention schedule at a location	296
readily available to the public. If a requester makes an ambiguous	297
or overly broad request or has difficulty in making a request for	298
copies or inspection of public records under this section such	299
that the public office or the person responsible for the requested	300
public record cannot reasonably identify what public records are	301
being requested, the public office or the person responsible for	302
the requested public record may deny the request but shall provide	303
the requester with an opportunity to revise the request by	304
informing the requester of the manner in which records are	305
maintained by the public office and accessed in the ordinary	306
course of the public office's or person's duties.	307

(3) If a request is ultimately denied, in part or in whole,	308
the public office or the person responsible for the requested	309
public record shall provide the requester with an explanation,	310
including legal authority, setting forth why the request was	311
denied. If the initial request was provided in writing, the	312
explanation also shall be provided to the requester in writing.	313
The explanation shall not preclude the public office or the person	314
responsible for the requested public record from relying upon	315
additional reasons or legal authority in defending an action	316
commenced under division (C) of this section.	317

(4) Unless specifically required or authorized by state or	318
federal law or in accordance with division (B) of this section, no	319
public office or person responsible for public records may limit	320
or condition the availability of public records by requiring	321
disclosure of the requester's identity or the intended use of the	322
requested public record. Any requirement that the requester	323
disclose the requestor's identity or the intended use of the	324
requested public record constitutes a denial of the request.	325

(5) A public office or person responsible for public records	326
may ask a requester to make the request in writing, may ask for	327
the requester's identity, and may inquire about the intended use	328
of the information requested, but may do so only after disclosing	329
to the requester that a written request is not mandatory and that	330
the requester may decline to reveal the requester's identity or	331
the intended use and when a written request or disclosure of the	332
identity or intended use would benefit the requester by enhancing	333
the ability of the public office or person responsible for public	334
records to identify, locate, or deliver the public records sought	335
by the requester.	336

(6) If any person chooses to obtain a copy of a public record	337
in accordance with division (B) of this section, the public office	338
or person responsible for the public record may require that	339
person to pay in advance the cost involved in providing the copy	340
of the public record in accordance with the choice made by the	341
person seeking the copy under this division. The public office or	342
the person responsible for the public record shall permit that	343
person to choose to have the public record duplicated upon paper,	344
upon the same medium upon which the public office or person	345
responsible for the public record keeps it, or upon any other	346
medium upon which the public office or person responsible for the	347
public record determines that it reasonably can be duplicated as	348
an integral part of the normal operations of the public office or	349
person responsible for the public record. When the person seeking	350
the copy makes a choice under this division, the public office or	351
person responsible for the public record shall provide a copy of	352
it in accordance with the choice made by the person seeking the	353
copy. Nothing in this section requires a public office or person	354
responsible for the public record to allow the person seeking a	355
copy of the public record to make the copies of the public record.	356

(7) Upon a request made in accordance with division (B) of	357
this section and subject to division (B)(6) of this section, a	358
public office or person responsible for public records shall	359
transmit a copy of a public record to any person by United States	360
mail or by any other means of delivery or transmission within a	361
reasonable period of time after receiving the request for the	362
copy. The public office or person responsible for the public	363
record may require the person making the request to pay in advance	364
the cost of postage if the copy is transmitted by United States	365
mail or the cost of delivery if the copy is transmitted other than	366
by United States mail, and to pay in advance the costs incurred	367
for other supplies used in the mailing, delivery, or transmission.	368

Any public office may adopt a policy and procedures that it	369
will follow in transmitting, within a reasonable period of time	370
after receiving a request, copies of public records by United	371
States mail or by any other means of delivery or transmission	372
pursuant to this division. A public office that adopts a policy	373
and procedures under this division shall comply with them in	374
performing its duties under this division.	375

In any policy and procedures adopted under this division, a	376
public office may limit the number of records requested by a	377
person that the office will transmit by United States mail to ten	378
per month, unless the person certifies to the office in writing	379
that the person does not intend to use or forward the requested	380
records, or the information contained in them, for commercial	381
purposes. For purposes of this division, "commercial" shall be	382
narrowly construed and does not include reporting or gathering	383
news, reporting or gathering information to assist citizen	384
oversight or understanding of the operation or activities of	385
government, or nonprofit educational research.	386

(8) A public office or person responsible for public records	387
is not required to permit a person who is incarcerated pursuant to	388
a criminal conviction or a juvenile adjudication to inspect or to	389
obtain a copy of any public record concerning a criminal	390
investigation or prosecution or concerning what would be a	391
criminal investigation or prosecution if the subject of the	392
investigation or prosecution were an adult, unless the request to	393
inspect or to obtain a copy of the record is for the purpose of	394
acquiring information that is subject to release as a public	395
record under this section and the judge who imposed the sentence	396
or made the adjudication with respect to the person, or the	397
judge's successor in office, finds that the information sought in	398
the public record is necessary to support what appears to be a	399
justiciable claim of the person.	400

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

590

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

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

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

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

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

Sec. 2903.01.  (A) No person shall purposely, and with prior	622
calculation and design, cause the death of another or the unlawful	623
termination of another's pregnancy.	624

(B) No person shall purposely cause the death of another or	625
the unlawful termination of another's pregnancy while committing	626
or attempting to commit, or while fleeing immediately after	627
committing or attempting to commit, kidnapping, rape, aggravated	628
arson, arson, aggravated robbery, robbery, aggravated burglary,	629
burglary, terrorism, or escape.	630

(C) No person shall purposely cause the death of another who	631
is under thirteen years of age at the time of the commission of	632
the offense.	633

(D) No person who is under detention as a result of having	634
been found guilty of or having pleaded guilty to a felony or who	635
breaks that detention shall purposely cause the death of another.	636

(E) No person shall purposely cause the death of a judge,	637
magistrate, or law enforcement officer whom the offender knows or	638
has reasonable cause to know is a judge, magistrate, or law	639
enforcement officer when either of the following applies:	640

(1) The victim, at the time of the commission of the offense,	641
is engaged in the victim's duties.	642

(2) It is the offender's specific purpose to kill a judge,	643
magistrate, or law enforcement officer.	644

(F) Whoever violates this section is guilty of aggravated	645
murder, and shall be punished as provided in section 2929.02 of	646
the Revised Code.	647

(G) As used in this section:

648

(1) "Detention" has the same meaning as in section 2921.01 of	649
the Revised Code.	650

(2) "Law enforcement officer" has the same meaning as in	651
section 2911.01 of the Revised Code.	652

(3) "Judge" means a judge of a court created under the	653
constitution or statutes of this state or of a United States court	654
located in this state.	655

(4) "Magistrate" means a magistrate of a court created under	656
the constitution or statutes of this state or of a United States	657
court located in this state.	658

Sec. 2903.11.  (A) No person shall knowingly do either of the	659
following:	660

(1) Cause serious physical harm to another or to another's	661
unborn;	662

(2) Cause or attempt to cause physical harm to another or to	663
another's unborn by means of a deadly weapon or dangerous	664
ordnance.	665

(B) No person, with knowledge that the person has tested	666
positive as a carrier of a virus that causes acquired	667
immunodeficiency syndrome, shall knowingly do any of the	668
following:	669

(1) Engage in sexual conduct with another person without	670
disclosing that knowledge to the other person prior to engaging in	671
the sexual conduct;	672

(2) Engage in sexual conduct with a person whom the offender	673
knows or has reasonable cause to believe lacks the mental capacity	674
to appreciate the significance of the knowledge that the offender	675
has tested positive as a carrier of a virus that causes acquired	676
immunodeficiency syndrome;	677

(3) Engage in sexual conduct with a person under eighteen	678
years of age who is not the spouse of the offender.	679

(C) The prosecution of a person under this section does not	680
preclude prosecution of that person under section 2907.02 of the	681
Revised Code.	682

(D)(1)(a) Whoever violates this section is guilty of	683
felonious assault. Except as otherwise provided in this division	684
or division (D)(1)(b) of this section, felonious assault is a	685
felony of the second degree. If the victim of a violation of	686
division (A) of this section is a judge, magistrate, peace	687
officer, or an investigator of the bureau of criminal	688
identification and investigation, felonious assault is a felony of	689
the first degree.	690

(b) Regardless of whether the felonious assault is a felony	691
of the first or second degree under division (D)(1)(a) of this	692
section, if the offender also is convicted of or pleads guilty to	693
a specification as described in section 2941.1423 of the Revised	694
Code that was included in the indictment, count in the indictment,	695
or information charging the offense, except as otherwise provided	696
in this division or unless a longer prison term is required under	697
any other provision of law, the court shall sentence the offender	698
to a mandatory prison term as provided in division (D)(8) of	699
section 2929.14 of the Revised Code. If the victim of the offense	700
is a judge, magistrate, peace officer, or an investigator of the	701
bureau of criminal identification and investigation, and if the	702
victim suffered serious physical harm as a result of the	703
commission of the offense, felonious assault is a felony of the	704
first degree, and the court, pursuant to division (F) of section	705
2929.13 of the Revised Code, shall impose as a mandatory prison	706
term one of the prison terms prescribed for a felony of the first	707
degree.	708

(2) In addition to any other sanctions imposed pursuant to	709
division (D)(1) of this section for felonious assault committed in	710
violation of division (A)(2) of this section, if the deadly weapon	711
used in the commission of the violation is a motor vehicle, the	712
court shall impose upon the offender a class two suspension of the	713
offender's driver's license, commercial driver's license,	714
temporary instruction permit, probationary license, or nonresident	715
operating privilege as specified in division (A)(2) of section	716
4510.02 of the Revised Code.	717

(E) As used in this section:

718

(1) "Deadly weapon" and "dangerous ordnance" have the same	719
meanings as in section 2923.11 of the Revised Code.	720

(2) "Motor vehicle" has the same meaning as in section	721
4501.01 of the Revised Code.	722

(3) "Peace officer" has the same meaning as in section	723
2935.01 of the Revised Code.	724

(4) "Sexual conduct" has the same meaning as in section	725
2907.01 of the Revised Code, except that, as used in this section,	726
it does not include the insertion of an instrument, apparatus, or	727
other object that is not a part of the body into the vaginal or	728
anal opening of another, unless the offender knew at the time of	729
the insertion that the instrument, apparatus, or other object	730
carried the offender's bodily fluid.	731

(5) "Investigator of the bureau of criminal identification	732
and investigation" means an investigator of the bureau of criminal	733
identification and investigation who is commissioned by the	734
superintendent of the bureau as a special agent for the purpose of	735
assisting law enforcement officers or providing emergency	736
assistance to peace officers pursuant to authority granted under	737
section 109.541 of the Revised Code.	738

(6) "Investigator" has the same meaning as in section 109.541	739
of the Revised Code.	740

(7) "Judge" and "magistrate" have the same meanings as in	741
section 2903.01 of the Revised Code.	742

Sec. 2903.12.  (A) No person, while under the influence of	743
sudden passion or in a sudden fit of rage, either of which is	744
brought on by serious provocation occasioned by the victim that is	745
reasonably sufficient to incite the person into using deadly	746
force, shall knowingly:	747

(1) Cause serious physical harm to another or to another's	748
unborn;	749

(2) Cause or attempt to cause physical harm to another or to	750
another's unborn by means of a deadly weapon or dangerous	751
ordnance, as defined in section 2923.11 of the Revised Code.	752

(B) Whoever violates this section is guilty of aggravated	753
assault. Except as otherwise provided in this division, aggravated	754
assault is a felony of the fourth degree. If the victim of the	755
offense is a judge, magistrate, peace officer, or an investigator	756
of the bureau of criminal identification and investigation,	757
aggravated assault is a felony of the third degree. Regardless of	758
whether the offense is a felony of the third or fourth degree	759
under this division, if the offender also is convicted of or	760
pleads guilty to a specification as described in section 2941.1423	761
of the Revised Code that was included in the indictment, count in	762
the indictment, or information charging the offense, except as	763
otherwise provided in this division, the court shall sentence the	764
offender to a mandatory prison term as provided in division (D)(8)	765
of section 2929.14 of the Revised Code. If the victim of the	766
offense is a judge, magistrate, peace officer, or an investigator	767
of the bureau of criminal identification and investigation, and if	768
the victim suffered serious physical harm as a result of the	769
commission of the offense, aggravated assault is a felony of the	770
third degree, and the court, pursuant to division (F) of section	771
2929.13 of the Revised Code, shall impose as a mandatory prison	772
term one of the prison terms prescribed for a felony of the third	773
degree.	774

(C) As used in this section:

775

(1) "Investigator of the bureau of criminal identification	776
and investigation" has the same meaning as in section 2903.11 of	777
the Revised Code.	778

(2) "Peace officer" has the same meaning as in section	779
2935.01 of the Revised Code.	780

(3) "Judge" and "magistrate" have the same meanings as in	781
section 2903.01 of the Revised Code.	782

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	783
to cause physical harm to another or to another's unborn.	784

(B) No person shall recklessly cause serious physical harm to	785
another or to another's unborn.	786

(C) Whoever violates this section is guilty of assault, and	787
the court shall sentence the offender as provided in this division	788
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	789
Except as otherwise provided in division (C)(1), (2), (3), (4), or	790
(5) of this section, assault is a misdemeanor of the first degree.	791

(1) Except as otherwise provided in this division, if the	792
offense is committed by a caretaker against a functionally	793
impaired person under the caretaker's care, assault is a felony of	794
the fourth degree. If the offense is committed by a caretaker	795
against a functionally impaired person under the caretaker's care,	796
if the offender previously has been convicted of or pleaded guilty	797
to a violation of this section or section 2903.11 or 2903.16 of	798
the Revised Code, and if in relation to the previous conviction	799
the offender was a caretaker and the victim was a functionally	800
impaired person under the offender's care, assault is a felony of	801
the third degree.	802

(2) If the offense is committed in any of the following	803
circumstances, assault is a felony of the fifth degree:	804

(a) The offense occurs in or on the grounds of a state	805
correctional institution or an institution of the department of	806
youth services, the victim of the offense is an employee of the	807
department of rehabilitation and correction, the department of	808
youth services, or a probation department or is on the premises of	809
the particular institution for business purposes or as a visitor,	810
and the offense is committed by a person incarcerated in the state	811
correctional institution, by a person institutionalized in the	812
department of youth services institution pursuant to a commitment	813
to the department of youth services, by a parolee, by an offender	814
under transitional control, under a community control sanction, or	815
on an escorted visit, by a person under post-release control, or	816
by an offender under any other type of supervision by a government	817
agency.	818

(b) The offense occurs in or on the grounds of a local	819
correctional facility, the victim of the offense is an employee of	820
the local correctional facility or a probation department or is on	821
the premises of the facility for business purposes or as a	822
visitor, and the offense is committed by a person who is under	823
custody in the facility subsequent to the person's arrest for any	824
crime or delinquent act, subsequent to the person's being charged	825
with or convicted of any crime, or subsequent to the person's	826
being alleged to be or adjudicated a delinquent child.	827

(c) The offense occurs off the grounds of a state	828
correctional institution and off the grounds of an institution of	829
the department of youth services, the victim of the offense is an	830
employee of the department of rehabilitation and correction, the	831
department of youth services, or a probation department, the	832
offense occurs during the employee's official work hours and while	833
the employee is engaged in official work responsibilities, and the	834
offense is committed by a person incarcerated in a state	835
correctional institution or institutionalized in the department of	836
youth services who temporarily is outside of the institution for	837
any purpose, by a parolee, by an offender under transitional	838
control, under a community control sanction, or on an escorted	839
visit, by a person under post-release control, or by an offender	840
under any other type of supervision by a government agency.	841

(d) The offense occurs off the grounds of a local	842
correctional facility, the victim of the offense is an employee of	843
the local correctional facility or a probation department, the	844
offense occurs during the employee's official work hours and while	845
the employee is engaged in official work responsibilities, and the	846
offense is committed by a person who is under custody in the	847
facility subsequent to the person's arrest for any crime or	848
delinquent act, subsequent to the person being charged with or	849
convicted of any crime, or subsequent to the person being alleged	850
to be or adjudicated a delinquent child and who temporarily is	851
outside of the facility for any purpose or by a parolee, by an	852
offender under transitional control, under a community control	853
sanction, or on an escorted visit, by a person under post-release	854
control, or by an offender under any other type of supervision by	855
a government agency.	856

(e) The victim of the offense is a school teacher or	857
administrator or a school bus operator, and the offense occurs in	858
a school, on school premises, in a school building, on a school	859
bus, or while the victim is outside of school premises or a school	860
bus and is engaged in duties or official responsibilities	861
associated with the victim's employment or position as a school	862
teacher or administrator or a school bus operator, including, but	863
not limited to, driving, accompanying, or chaperoning students at	864
or on class or field trips, athletic events, or other school	865
extracurricular activities or functions outside of school	866
premises.	867

(3) If the victim of the offense is a judge, magistrate,	868
peace officer, or an investigator of the bureau of criminal	869
identification and investigation, a firefighter, or a person	870
performing emergency medical service, while in the performance of	871
their official duties, assault is a felony of the fourth degree.	872

(4) If the victim of the offense is a judge, magistrate,	873
peace officer, or an investigator of the bureau of criminal	874
identification and investigation and if the victim suffered	875
serious physical harm as a result of the commission of the	876
offense, assault is a felony of the fourth degree, and the court,	877
pursuant to division (F) of section 2929.13 of the Revised Code,	878
shall impose as a mandatory prison term one of the prison terms	879
prescribed for a felony of the fourth degree that is at least	880
twelve months in duration.	881

(5) If the victim of the offense is an officer or employee of	882
a public children services agency or a private child placing	883
agency and the offense relates to the officer's or employee's	884
performance or anticipated performance of official	885
responsibilities or duties, assault is either a felony of the	886
fifth degree or, if the offender previously has been convicted of	887
or pleaded guilty to an offense of violence, the victim of that	888
prior offense was an officer or employee of a public children	889
services agency or private child placing agency, and that prior	890
offense related to the officer's or employee's performance or	891
anticipated performance of official responsibilities or duties, a	892
felony of the fourth degree.	893

(6) If an offender who is convicted of or pleads guilty to	894
assault when it is a misdemeanor also is convicted of or pleads	895
guilty to a specification as described in section 2941.1423 of the	896
Revised Code that was included in the indictment, count in the	897
indictment, or information charging the offense, the court shall	898
sentence the offender to a mandatory jail term as provided in	899
division (G) of section 2929.24 of the Revised Code.	900

If an offender who is convicted of or pleads guilty to	901
assault when it is a felony also is convicted of or pleads guilty	902
to a specification as described in section 2941.1423 of the	903
Revised Code that was included in the indictment, count in the	904
indictment, or information charging the offense, except as	905
otherwise provided in division (C)(4) of this section, the court	906
shall sentence the offender to a mandatory prison term as provided	907
in division (D)(8) of section 2929.14 of the Revised Code.	908

(D) As used in this section:

909

(1) "Peace officer" has the same meaning as in section	910
2935.01 of the Revised Code.	911

(2) "Firefighter" has the same meaning as in section 3937.41	912
of the Revised Code.	913

(3) "Emergency medical service" has the same meaning as in	914
section 4765.01 of the Revised Code.	915

(4) "Local correctional facility" means a county,	916
multicounty, municipal, municipal-county, or multicounty-municipal	917
jail or workhouse, a minimum security jail established under	918
section 341.23 or 753.21 of the Revised Code, or another county,	919
multicounty, municipal, municipal-county, or multicounty-municipal	920
facility used for the custody of persons arrested for any crime or	921
delinquent act, persons charged with or convicted of any crime, or	922
persons alleged to be or adjudicated a delinquent child.	923

(5) "Employee of a local correctional facility" means a	924
person who is an employee of the political subdivision or of one	925
or more of the affiliated political subdivisions that operates the	926
local correctional facility and who operates or assists in the	927
operation of the facility.	928

(6) "School teacher or administrator" means either of the	929
following:	930

(a) A person who is employed in the public schools of the	931
state under a contract described in section 3319.08 of the Revised	932
Code in a position in which the person is required to have a	933
certificate issued pursuant to sections 3319.22 to 3319.311 of the	934
Revised Code.	935

(b) A person who is employed by a nonpublic school for which	936
the state board of education prescribes minimum standards under	937
section 3301.07 of the Revised Code and who is certificated in	938
accordance with section 3301.071 of the Revised Code.	939

(7) "Community control sanction" has the same meaning as in	940
section 2929.01 of the Revised Code.	941

(8) "Escorted visit" means an escorted visit granted under	942
section 2967.27 of the Revised Code.	943

(9) "Post-release control" and "transitional control" have	944
the same meanings as in section 2967.01 of the Revised Code.	945

(10) "Investigator of the bureau of criminal identification	946
and investigation" has the same meaning as in section 2903.11 of	947
the Revised Code.	948

(11) "Judge" and "magistrate" have the same meanings as in	949
section 2903.01 of the Revised Code.	950

Sec. 2903.21.  (A) No person shall knowingly cause another to	951
believe that the offender will cause serious physical harm to the	952
person or property of the other person, the other person's unborn,	953
or a member of the other person's immediate family.	954

(B) Whoever violates this section is guilty of aggravated	955
menacing. Except as otherwise provided in this division,	956
aggravated menacing is a misdemeanor of the first degree. If the	957
victim of the offense is a judge or magistrate or an officer or	958
employee of a public children services agency or a private child	959
placing agency and the offense relates to the judge's,	960
magistrate's, officer's, or employee's performance or anticipated	961
performance of official responsibilities or duties, aggravated	962
menacing is a felony of the fifth degree or, if the offender	963
previously has been convicted of or pleaded guilty to an offense	964
of violence, the victim of that prior offense was a judge or	965
magistrate or an officer or employee of a public children services	966
agency or private child placing agency, and that prior offense	967
related to the judge's, magistrate's, officer's, or employee's	968
performance or anticipated performance of official	969
responsibilities or duties, a felony of the fourth degree.	970

(C) As used in this section, "judge" and "magistrate" have	971
the same meanings as in section 2903.01 of the Revised Code.	972

Sec. 2903.23.  (A) As used in this section:

973

(1) "Immediate family" includes a person's spouse, brothers	974
and sisters of the whole or half blood, children, including	975
adopted children and stepchildren, parents, and grandparents.	976

(2) "Judge" and "magistrate" have the same meanings as in	977
section 2903.01 of the Revised Code.	978

(B) No person, with intent to influence or interfere with a	979
judge or magistrate in the performance of the judge's or	980
magistrate's official duties or to retaliate against a judge or	981
magistrate for any decision made or action taken in the	982
performance of the judge's or magistrate's official duties, shall	983
knowingly threaten a judge or magistrate with physical harm to the	984
person or property of the judge or magistrate, the judge's or	985
magistrate's unborn, or a member of the judge's or magistrate's	986
immediate family.	987

(C) Whoever violates division (B) of this section is guilty	988
of threatening a judge or magistrate, a felony of the fifth	989
degree.	990

Sec. 2929.04.  (A) Imposition of the death penalty for	991
aggravated murder is precluded unless one or more of the following	992
is specified in the indictment or count in the indictment pursuant	993
to section 2941.14 of the Revised Code and proved beyond a	994
reasonable doubt:	995

(1) The offense was the assassination of the president of the	996
United States or a person in line of succession to the presidency,	997
the governor or lieutenant governor of this state, the	998
president-elect or vice president-elect of the United States, the	999
governor-elect or lieutenant governor-elect of this state, or a	1000
candidate for any of the offices described in this division. For	1001
purposes of this division, a person is a candidate if the person	1002
has been nominated for election according to law, if the person	1003
has filed a petition or petitions according to law to have the	1004
person's name placed on the ballot in a primary or general	1005
election, or if the person campaigns as a write-in candidate in a	1006
primary or general election.	1007

(2) The offense was committed for hire.

1008

(3) The offense was committed for the purpose of escaping	1009
detection, apprehension, trial, or punishment for another offense	1010
committed by the offender.	1011

(4) The offense was committed while the offender was under	1012
detention or while the offender was at large after having broken	1013
detention. As used in division (A)(4) of this section, "detention"	1014
has the same meaning as in section 2921.01 of the Revised Code,	1015
except that detention does not include hospitalization,	1016
institutionalization, or confinement in a mental health facility	1017
or mental retardation and developmentally disabled facility unless	1018
at the time of the commission of the offense either of the	1019
following circumstances apply:	1020

(a) The offender was in the facility as a result of being	1021
charged with a violation of a section of the Revised Code.	1022

(b) The offender was under detention as a result of being	1023
convicted of or pleading guilty to a violation of a section of the	1024
Revised Code.	1025

(5) Prior to the offense at bar, the offender was convicted	1026
of an offense an essential element of which was the purposeful	1027
killing of or attempt to kill another, or the offense at bar was	1028
part of a course of conduct involving the purposeful killing of or	1029
attempt to kill two or more persons by the offender.	1030

(6) The victim of the offense was a law enforcement officer,	1031
as defined in section 2911.01 of the Revised Code, or a judge or	1032
magistrate, as defined in section 2903.01 of the Revised Code,	1033
whom the offender had reasonable cause to know or knew to be a law	1034
enforcement officer or a judge or magistrate as so defined, and	1035
either the victim, at the time of the commission of the offense,	1036
was engaged in the victim's duties, or it was the offender's	1037
specific purpose to kill a law enforcement officer or a judge or	1038
magistrate as so defined.	1039

(7) The offense was committed while the offender was	1040
committing, attempting to commit, or fleeing immediately after	1041
committing or attempting to commit kidnapping, rape, aggravated	1042
arson, aggravated robbery, or aggravated burglary, and either the	1043
offender was the principal offender in the commission of the	1044
aggravated murder or, if not the principal offender, committed the	1045
aggravated murder with prior calculation and design.	1046

(8) The victim of the aggravated murder was a witness to an	1047
offense who was purposely killed to prevent the victim's testimony	1048
in any criminal proceeding and the aggravated murder was not	1049
committed during the commission, attempted commission, or flight	1050
immediately after the commission or attempted commission of the	1051
offense to which the victim was a witness, or the victim of the	1052
aggravated murder was a witness to an offense and was purposely	1053
killed in retaliation for the victim's testimony in any criminal	1054
proceeding.	1055

(9) The offender, in the commission of the offense,	1056
purposefully caused the death of another who was under thirteen	1057
years of age at the time of the commission of the offense, and	1058
either the offender was the principal offender in the commission	1059
of the offense or, if not the principal offender, committed the	1060
offense with prior calculation and design.	1061

(10) The offense was committed while the offender was	1062
committing, attempting to commit, or fleeing immediately after	1063
committing or attempting to commit terrorism.	1064

(B) If one or more of the aggravating circumstances listed in	1065
division (A) of this section is specified in the indictment or	1066
count in the indictment and proved beyond a reasonable doubt, and	1067
if the offender did not raise the matter of age pursuant to	1068
section 2929.023 of the Revised Code or if the offender, after	1069
raising the matter of age, was found at trial to have been	1070
eighteen years of age or older at the time of the commission of	1071
the offense, the court, trial jury, or panel of three judges shall	1072
consider, and weigh against the aggravating circumstances proved	1073
beyond a reasonable doubt, the nature and circumstances of the	1074
offense, the history, character, and background of the offender,	1075
and all of the following factors:	1076

(1) Whether the victim of the offense induced or facilitated	1077
it;	1078

(2) Whether it is unlikely that the offense would have been	1079
committed, but for the fact that the offender was under duress,	1080
coercion, or strong provocation;	1081

(3) Whether, at the time of committing the offense, the	1082
offender, because of a mental disease or defect, lacked	1083
substantial capacity to appreciate the criminality of the	1084
offender's conduct or to conform the offender's conduct to the	1085
requirements of the law;	1086

(4) The youth of the offender;

1087

(5) The offender's lack of a significant history of prior	1088
criminal convictions and delinquency adjudications;	1089

(6) If the offender was a participant in the offense but not	1090
the principal offender, the degree of the offender's participation	1091
in the offense and the degree of the offender's participation in	1092
the acts that led to the death of the victim;	1093

(7) Any other factors that are relevant to the issue of	1094
whether the offender should be sentenced to death.	1095

(C) The defendant shall be given great latitude in the	1096
presentation of evidence of the factors listed in division (B) of	1097
this section and of any other factors in mitigation of the	1098
imposition of the sentence of death.	1099

The existence of any of the mitigating factors listed in	1100
division (B) of this section does not preclude the imposition of a	1101
sentence of death on the offender but shall be weighed pursuant to	1102
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	1103
the trial court, trial jury, or the panel of three judges against	1104
the aggravating circumstances the offender was found guilty of	1105
committing.	1106

Section 2.  That existing sections 149.43, 2903.01, 2903.11,	1107
2903.12, 2903.13, 2903.21, and 2929.04 of the Revised Code are	1108
hereby repealed.	1109