As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 290

Representative Stebelton 

Cosponsors: Representatives Becker, Smith, Huffman, Grossman, Adams, J., Terhar, Blessing, Scherer, Hood, Buchy, Brenner, Fedor, Perales, Maag, Antonio, Baker, Barnes, Beck, Burkley, Driehaus, Green, Milkovich, Phillips, Sheehy, Stautberg Speaker Batchelder 

Senators Coley, Patton, Seitz, Uecker 

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A BILL

To amend sections 2305.113, 2901.12, 3313.75,

1

3313.76, 3313.77, 3313.78, 3721.02, and 5165.67

2

and to enact sections 1901.028, 1907.04, 2301.04,

3

2501.20, and 3313.791 of the Revised Code

4

regarding the use of school district premises by

5

members of the public and immunity from civil

6

liability for a school district and schools when

7

permitting members of the public to use school

8

premises, regarding the use of results of an

9

inspection of a nursing home or the results of a

10

Medicare or Medicaid survey of a nursing facility

11

in an advertisement, regarding the continued

12

orderly operation of the courts in case of a

13

disaster, civil disorder, or other extraordinary

14

circumstance, and regarding the limitation of

15

claims arising out of skilled nursing care or

16

personal care services provided in a home.

17

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

Section 1.  That sections 2305.113, 2901.12, 3313.75,	18
3313.76, 3313.77, 3313.78, 3721.02, and 5165.67 be amended and	19
sections 1901.028, 1907.04, 2301.04, 2501.20, and 3313.791 of the	20
Revised Code be enacted to read as follows:	21

Sec. 1901.028. (A) In the event of a natural or man-made	22
disaster, civil disorder, or any extraordinary circumstance that	23
interrupts or threatens to interrupt the orderly operation of a	24
municipal court within the territorial jurisdiction of the court,	25
the administrative judge of the court may issue an order	26
authorizing the court to operate at a temporary location inside or	27
outside the territorial jurisdiction of the court. The order shall	28
identify the temporary location at which the court shall operate	29
and the date on which operations shall commence at the temporary	30
location. The court shall operate at the temporary location until	31
the administrative judge withdraws, cancels, or rescinds the	32
order.	33

(B) The authority of an administrative judge of a municipal	34
court to issue an order authorizing the court to operate at a	35
temporary location pursuant to division (A) of this section is	36
independent of and shall not be conditioned upon a declaration of	37
a judicial emergency issued by the chief justice of the supreme	38
court pursuant to Rule 14 of the Rules of Superintendence for the	39
Courts of Ohio.	40

(C) For the period during which a municipal court operates in	41
a temporary location pursuant to division (A) of this section, the	42
court shall continue to have the territorial jurisdiction set	43
forth in section 1901.02 of the Revised Code and the court shall	44
have jurisdiction to hear actions and conduct proceedings the same	45
as if the court were operating within that territorial	46
jurisdiction.	47

(D) As soon as practicable following issuance of an order	48
pursuant to division (A) of this section, both of the following	49
shall occur:	50

(1) The administrative judge of the municipal court shall	51
provide notice and a copy of the order by regular or electronic	52
mail to all of the following:	53

(a) The chief justice and administrative director of the	54
supreme court;	55

(b) The legislative authorities of the local funding	56
authorities of the court;	57

(c) All appropriate law enforcement agencies, prosecuting	58
authorities, public defender agencies, and local bar associations	59
within the territorial jurisdiction of the court.	60

(2) If the court operates and maintains a web site, the web	61
site shall provide notification of the operation of the court at	62
the temporary location, including the site of the temporary	63
location and the date on which operations shall commence at the	64
temporary location.	65

(E) As soon as practicable following the withdrawal,	66
cancellation, or rescission of an order issued pursuant to	67
division (A) of this section, each of the following shall occur:	68

(1) The administrative judge of the municipal court shall	69
provide notice by regular or electronic mail to all of the	70
following:	71

(a) The chief justice and administrative director of the	72
supreme court;	73

(b) The legislative authorities of the local funding	74
authorities of the court;	75

(c) All appropriate law enforcement agencies, prosecuting	76
authorities, public defender agencies, and local bar associations	77
within the territorial jurisdiction of the court.	78

(2) If the court operates and maintains a web site, the web	79
site shall provide notification of the operation of the court at	80
the permanent location of the court, including the site of the	81
permanent location and the date on which operations shall commence	82
at the permanent location.	83

Sec. 1907.04. (A) In the event of a natural or man-made	84
disaster, civil disorder, or any extraordinary circumstance that	85
interrupts or threatens to interrupt the orderly operation of a	86
county court within the territorial jurisdiction of the court, the	87
administrative judge of the court may issue an order authorizing	88
the court to operate at a temporary location inside or outside the	89
territorial jurisdiction of the court. The order shall identify	90
the temporary location at which the court shall operate and the	91
date on which operations shall commence at the temporary location.	92
The court shall operate at the temporary location until the	93
administrative judge withdraws, cancels, or rescinds the order.	94

(B) The authority of an administrative judge of a county	95
court to issue an order authorizing the court to operate at a	96
temporary location pursuant to division (A) of this section is	97
independent of and shall not be conditioned upon a declaration of	98
a judicial emergency issued by the chief justice of the supreme	99
court pursuant to Rule 14 of the Rules of Superintendence for the	100
Courts of Ohio.	101

(C) For the period during which a county court operates in a	102
temporary location pursuant to division (A) of this section, the	103
court shall continue to have the territorial jurisdiction set	104
forth in section 1907.01 of the Revised Code and the court shall	105
have jurisdiction to hear actions and conduct proceedings the same	106
as if the court were operating within that territorial	107
jurisdiction.	108

(D) As soon as practicable following issuance of an order	109
pursuant to division (A) of this section, both of the following	110
shall occur:	111

(1) The administrative judge of the county court shall	112
provide notice and a copy of the order by regular or electronic	113
mail to all of the following:	114

(a) The chief justice and administrative director of the	115
supreme court;	116

(b) The legislative authorities of the local funding	117
authorities of the court;	118

(c) All appropriate law enforcement agencies, prosecuting	119
authorities, public defender agencies, and local bar associations	120
within the territorial jurisdiction of the court.	121

(2) If the court operates and maintains a web site, the web	122
site shall provide notification of the operation of the court at	123
the temporary location, including the site of the temporary	124
location and the date on which operations shall commence at the	125
temporary location.	126

(E) As soon as practicable following the withdrawal,	127
cancellation, or rescission of an order issued pursuant to	128
division (A) of this section, each of the following shall occur:	129

(1) The administrative judge of the county court shall	130
provide notice by regular or electronic mail to all of the	131
following:	132

(a) The chief justice and administrative director of the	133
supreme court;	134

(b) The legislative authorities of the local funding	135
authorities of the court;	136

(c) All appropriate law enforcement agencies, prosecuting	137
authorities, public defender agencies, and local bar associations	138
within the territorial jurisdiction of the court.	139

(2) If the court operates and maintains a web site, the web	140
site shall provide notification of the operation of the court at	141
the permanent location of the court, including the site of the	142
permanent location and the date on which operations shall commence	143
at the permanent location.	144

Sec. 2301.04. (A) In the event of a natural or man-made	145
disaster, civil disorder, or any extraordinary circumstance that	146
interrupts or threatens to interrupt the orderly operation of a	147
division of a court of common pleas within the territorial	148
jurisdiction of the division, the administrative judge of the	149
division may issue an order authorizing the division to operate at	150
a temporary location inside or outside the territorial	151
jurisdiction of the division. The order shall identify the	152
temporary location at which the division shall operate and the	153
date on which operations shall commence at the temporary location.	154
The division shall operate at the temporary location until the	155
administrative judge withdraws, cancels, or rescinds the order.	156

(B) The authority of an administrative judge of a division of	157
a court of common pleas to issue an order authorizing the division	158
to operate at a temporary location pursuant to division (A) of	159
this section is independent of and shall not be conditioned upon a	160
declaration of a judicial emergency issued by the chief justice of	161
the supreme court pursuant to Rule 14 of the Rules of	162
Superintendence for the Courts of Ohio.	163

(C) For the period during which a division of a court of	164
common pleas operates in a temporary location pursuant to division	165
(A) of this section, the division shall continue to have the	166
territorial jurisdiction set forth in section 2301.01 of the	167
Revised Code and the court shall have jurisdiction to hear actions	168
and conduct proceedings the same as if the division were operating	169
within that territorial jurisdiction.	170

(D) As soon as practicable following issuance of an order	171
pursuant to division (A) of this section, both of the following	172
shall occur:	173

(1) The administrative judge of the division of the court of	174
common pleas shall provide notice and a copy of the order by	175
regular or electronic mail to all of the following:	176

(a) The chief justice and administrative director of the	177
supreme court;	178

(b) The legislative authorities of the local funding	179
authorities of the court;	180

(c) All appropriate law enforcement agencies, prosecuting	181
authorities, public defender agencies, and local bar associations	182
within the territorial jurisdiction of the court.	183

(2) If the division operates and maintains a web site, the	184
web site shall provide notification of the operation of the	185
division at the temporary location, including the site of the	186
temporary location and the date on which operations shall commence	187
at the temporary location.	188

(E) As soon as practicable following the withdrawal,	189
cancellation, or rescission of an order issued pursuant to	190
division (A) of this section, each of the following shall occur:	191

(1) The administrative judge of the division of the court of	192
common pleas shall provide notice by regular or electronic mail to	193
all of the following:	194

(a) The chief justice and administrative director of the	195
supreme court;	196

(b) The legislative authorities of the local funding	197
authorities of the court;	198

(c) All appropriate law enforcement agencies, prosecuting	199
authorities, public defender agencies, and local bar associations	200
within the territorial jurisdiction of the court.	201

(2) If the division operates and maintains a web site, the	202
web site shall provide notification of the operation of the	203
division at the permanent location of the division, including the	204
site of the permanent location and the date on which operations	205
shall commence at the permanent location.	206

Sec. 2305.113. (A) Except as otherwise provided in this	207
section, an action upon a medical, dental, optometric, or	208
chiropractic claim shall be commenced within one year after the	209
cause of action accrued.	210

(B)(1) If prior to the expiration of the one-year period	211
specified in division (A) of this section, a claimant who	212
allegedly possesses a medical, dental, optometric, or chiropractic	213
claim gives to the person who is the subject of that claim written	214
notice that the claimant is considering bringing an action upon	215
that claim, that action may be commenced against the person	216
notified at any time within one hundred eighty days after the	217
notice is so given.	218

(2) An insurance company shall not consider the existence or	219
nonexistence of a written notice described in division (B)(1) of	220
this section in setting the liability insurance premium rates that	221
the company may charge the company's insured person who is	222
notified by that written notice.	223

(C) Except as to persons within the age of minority or of	224
unsound mind as provided by section 2305.16 of the Revised Code,	225
and except as provided in division (D) of this section, both of	226
the following apply:	227

(1) No action upon a medical, dental, optometric, or	228
chiropractic claim shall be commenced more than four years after	229
the occurrence of the act or omission constituting the alleged	230
basis of the medical, dental, optometric, or chiropractic claim.	231

(2) If an action upon a medical, dental, optometric, or	232
chiropractic claim is not commenced within four years after the	233
occurrence of the act or omission constituting the alleged basis	234
of the medical, dental, optometric, or chiropractic claim, then,	235
any action upon that claim is barred.	236

(D)(1) If a person making a medical claim, dental claim,	237
optometric claim, or chiropractic claim, in the exercise of	238
reasonable care and diligence, could not have discovered the	239
injury resulting from the act or omission constituting the alleged	240
basis of the claim within three years after the occurrence of the	241
act or omission, but, in the exercise of reasonable care and	242
diligence, discovers the injury resulting from that act or	243
omission before the expiration of the four-year period specified	244
in division (C)(1) of this section, the person may commence an	245
action upon the claim not later than one year after the person	246
discovers the injury resulting from that act or omission.	247

(2) If the alleged basis of a medical claim, dental claim,	248
optometric claim, or chiropractic claim is the occurrence of an	249
act or omission that involves a foreign object that is left in the	250
body of the person making the claim, the person may commence an	251
action upon the claim not later than one year after the person	252
discovered the foreign object or not later than one year after the	253
person, with reasonable care and diligence, should have discovered	254
the foreign object.	255

(3) A person who commences an action upon a medical claim,	256
dental claim, optometric claim, or chiropractic claim under the	257
circumstances described in division (D)(1) or (2) of this section	258
has the affirmative burden of proving, by clear and convincing	259
evidence, that the person, with reasonable care and diligence,	260
could not have discovered the injury resulting from the act or	261
omission constituting the alleged basis of the claim within the	262
three-year period described in division (D)(1) of this section or	263
within the one-year period described in division (D)(2) of this	264
section, whichever is applicable.	265

(E) As used in this section:

266

(1) "Hospital" includes any person, corporation, association,	267
board, or authority that is responsible for the operation of any	268
hospital licensed or registered in the state, including, but not	269
limited to, those that are owned or operated by the state,	270
political subdivisions, any person, any corporation, or any	271
combination of the state, political subdivisions, persons, and	272
corporations. "Hospital" also includes any person, corporation,	273
association, board, entity, or authority that is responsible for	274
the operation of any clinic that employs a full-time staff of	275
physicians practicing in more than one recognized medical	276
specialty and rendering advice, diagnosis, care, and treatment to	277
individuals. "Hospital" does not include any hospital operated by	278
the government of the United States or any of its branches.	279

(2) "Physician" means a person who is licensed to practice	280
medicine and surgery or osteopathic medicine and surgery by the	281
state medical board or a person who otherwise is authorized to	282
practice medicine and surgery or osteopathic medicine and surgery	283
in this state.	284

(3) "Medical claim" means any claim that is asserted in any	285
civil action against a physician, podiatrist, hospital, home, or	286
residential facility, against any employee or agent of a	287
physician, podiatrist, hospital, home, or residential facility, or	288
against a licensed practical nurse, registered nurse, advanced	289
practice registered nurse, physical therapist, physician	290
assistant, emergency medical technician-basic, emergency medical	291
technician-intermediate, or emergency medical	292
technician-paramedic, and that arises out of the medical	293
diagnosis, care, or treatment of any person. "Medical claim"	294
includes the following:	295

(a) Derivative claims for relief that arise from the plan of	296
care, medical diagnosis, care, or treatment of a person;	297

(b) Claims that arise out of the plan of care, medical	298
diagnosis, care, or treatment of any person and to which either of	299
the following applies:	300

(i) The claim results from acts or omissions in providing	301
medical care.	302

(ii) The claim results from the hiring, training,	303
supervision, retention, or termination of caregivers providing	304
medical diagnosis, care, or treatment.	305

(c) Claims that arise out of the plan of care, medical	306
diagnosis, care, or treatment of any person and that are brought	307
under section 3721.17 of the Revised Code;	308

(d) Claims that arise out of skilled nursing care or personal	309
care services provided in a home pursuant to the plan of care,	310
medical diagnosis, or treatment.	311

(4) "Podiatrist" means any person who is licensed to practice	312
podiatric medicine and surgery by the state medical board.	313

(5) "Dentist" means any person who is licensed to practice	314
dentistry by the state dental board.	315

(6) "Dental claim" means any claim that is asserted in any	316
civil action against a dentist, or against any employee or agent	317
of a dentist, and that arises out of a dental operation or the	318
dental diagnosis, care, or treatment of any person. "Dental claim"	319
includes derivative claims for relief that arise from a dental	320
operation or the dental diagnosis, care, or treatment of a person.	321

(7) "Derivative claims for relief" include, but are not	322
limited to, claims of a parent, guardian, custodian, or spouse of	323
an individual who was the subject of any medical diagnosis, care,	324
or treatment, dental diagnosis, care, or treatment, dental	325
operation, optometric diagnosis, care, or treatment, or	326
chiropractic diagnosis, care, or treatment, that arise from that	327
diagnosis, care, treatment, or operation, and that seek the	328
recovery of damages for any of the following:	329

(a) Loss of society, consortium, companionship, care,	330
assistance, attention, protection, advice, guidance, counsel,	331
instruction, training, or education, or any other intangible loss	332
that was sustained by the parent, guardian, custodian, or spouse;	333

(b) Expenditures of the parent, guardian, custodian, or	334
spouse for medical, dental, optometric, or chiropractic care or	335
treatment, for rehabilitation services, or for other care,	336
treatment, services, products, or accommodations provided to the	337
individual who was the subject of the medical diagnosis, care, or	338
treatment, the dental diagnosis, care, or treatment, the dental	339
operation, the optometric diagnosis, care, or treatment, or the	340
chiropractic diagnosis, care, or treatment.	341

(8) "Registered nurse" means any person who is licensed to	342
practice nursing as a registered nurse by the board of nursing.	343

(9) "Chiropractic claim" means any claim that is asserted in	344
any civil action against a chiropractor, or against any employee	345
or agent of a chiropractor, and that arises out of the	346
chiropractic diagnosis, care, or treatment of any person.	347
"Chiropractic claim" includes derivative claims for relief that	348
arise from the chiropractic diagnosis, care, or treatment of a	349
person.	350

(10) "Chiropractor" means any person who is licensed to	351
practice chiropractic by the state chiropractic board.	352

(11) "Optometric claim" means any claim that is asserted in	353
any civil action against an optometrist, or against any employee	354
or agent of an optometrist, and that arises out of the optometric	355
diagnosis, care, or treatment of any person. "Optometric claim"	356
includes derivative claims for relief that arise from the	357
optometric diagnosis, care, or treatment of a person.	358

(12) "Optometrist" means any person licensed to practice	359
optometry by the state board of optometry.	360

(13) "Physical therapist" means any person who is licensed to	361
practice physical therapy under Chapter 4755. of the Revised Code.	362

(14) "Home" has the same meaning as in section 3721.10 of the	363
Revised Code.	364

(15) "Residential facility" means a facility licensed under	365
section 5123.19 of the Revised Code.	366

(16) "Advanced practice registered nurse" means any certified	367
nurse practitioner, clinical nurse specialist, certified	368
registered nurse anesthetist, or certified nurse-midwife who holds	369
a certificate of authority issued by the board of nursing under	370
Chapter 4723. of the Revised Code.	371

(17) "Licensed practical nurse" means any person who is	372
licensed to practice nursing as a licensed practical nurse by the	373
board of nursing pursuant to Chapter 4723. of the Revised Code.	374

(18) "Physician assistant" means any person who holds a valid	375
certificate to practice issued pursuant to Chapter 4730. of the	376
Revised Code.	377

(19) "Emergency medical technician-basic," "emergency medical	378
technician-intermediate," and "emergency medical	379
technician-paramedic" means any person who is certified under	380
Chapter 4765. of the Revised Code as an emergency medical	381
technician-basic, emergency medical technician-intermediate, or	382
emergency medical technician-paramedic, whichever is applicable.	383

(20) "Skilled nursing care" and "personal care services" have	384
the same meanings as in section 3721.01 of the Revised Code.	385

Sec. 2501.20. (A) In the event of a natural or man-made	386
disaster, civil disorder, or any extraordinary circumstance that	387
interrupts or threatens to interrupt the orderly operation of a	388
court of appeals within the territorial jurisdiction of the court,	389
the administrative judge of the court may issue an order	390
authorizing the court to operate at a temporary location inside or	391
outside the territorial jurisdiction of the court. The order shall	392
identify the temporary location at which the court shall operate	393
and the date on which operations shall commence at the temporary	394
location. The court shall operate at the temporary location until	395
the administrative judge withdraws, cancels, or rescinds the	396
order.	397

(B) The authority of an administrative judge of a court of	398
appeals to issue an order authorizing the court to operate at a	399
temporary location pursuant to division (A) of this section is	400
independent of and shall not be conditioned upon a declaration of	401
a judicial emergency issued by the chief justice of the supreme	402
court pursuant to Rule 14 of the Rules of Superintendence for the	403
Courts of Ohio.	404

(C) For the period during which a court of appeals operates	405
in a temporary location pursuant to division (A) of this section,	406
the court shall continue to have the territorial jurisdiction set	407
forth in section 2501.01 of the Revised Code and the court shall	408
have jurisdiction to hear actions and conduct proceedings the same	409
as if the court were operating within that territorial	410
jurisdiction.	411

(D) As soon as practicable following issuance of an order	412
pursuant to division (A) of this section, both of the following	413
shall occur:	414

(1) The administrative judge of the court of appeals shall	415
provide notice and a copy of the order by regular or electronic	416
mail to all of the following:	417

(a) The chief justice and administrative director of the	418
supreme court;	419

(b) The legislative authorities of the local funding	420
authorities of the court;	421

(c) All appropriate law enforcement agencies, prosecuting	422
authorities, public defender agencies, and local bar associations	423
within the territorial jurisdiction of the court.	424

(2) If the court operates and maintains a web site, the web	425
site shall provide notification of the operation of the court at	426
the temporary location, including the site of the temporary	427
location and the date on which operations shall commence at the	428
temporary location.	429

(E) As soon as practicable following the withdrawal,	430
cancellation, or rescission of an order issued pursuant to	431
division (A) of this section, each of the following shall occur:	432

(1) The administrative judge of the court of appeals shall	433
provide notice by regular or electronic mail to all of the	434
following:	435

(a) The chief justice and administrative director of the	436
supreme court;	437

(b) The legislative authorities of the local funding	438
authorities of the court;	439

(c) All appropriate law enforcement agencies, prosecuting	440
authorities, public defender agencies, and local bar associations	441
within the territorial jurisdiction of the court.	442

(2) If the court operates and maintains a web site, the web	443
site shall provide notification of the operation of the court at	444
the permanent location of the court, including the site of the	445
permanent location and the date on which operations shall commence	446
at the permanent location.	447

Sec. 2901.12.  (A) The trial of a criminal case in this state	448
shall be held in a court having jurisdiction of the subject	449
matter, and, except in cases of emergency under section 1901.028,	450
1907.04, 2301.04, or 2501.20 of the Revised Code, in the territory	451
of which the offense or any element of the offense was committed.	452

(B) When the offense or any element of the offense was	453
committed in an aircraft, motor vehicle, train, watercraft, or	454
other vehicle, in transit, and it cannot reasonably be determined	455
in which jurisdiction the offense was committed, the offender may	456
be tried in any jurisdiction through which the aircraft, motor	457
vehicle, train, watercraft, or other vehicle passed.	458

(C) When the offense involved the unlawful taking or	459
receiving of property or the unlawful taking or enticing of	460
another, the offender may be tried in any jurisdiction from which	461
or into which the property or victim was taken, received, or	462
enticed.	463

(D) When the offense is conspiracy, attempt, or complicity	464
cognizable under division (A)(2) of section 2901.11 of the Revised	465
Code, the offender may be tried in any jurisdiction in which the	466
conspiracy, attempt, complicity, or any of its elements occurred.	467
If an offense resulted outside this state from the conspiracy,	468
attempt, or complicity, that resulting offense also may be tried	469
in any jurisdiction in which the conspiracy, attempt, complicity,	470
or any of the elements of the conspiracy, attempt, or complicity	471
occurred.	472

(E) When the offense is conspiracy or attempt cognizable	473
under division (A)(3) of section 2901.11 of the Revised Code, the	474
offender may be tried in any jurisdiction in which the offense	475
that was the object of the conspiracy or attempt, or any element	476
of that offense, was intended to or could have taken place. When	477
the offense is complicity cognizable under division (A)(3) of	478
section 2901.11 of the Revised Code, the offender may be tried in	479
any jurisdiction in which the principal offender may be tried.	480

(F) When an offense is considered to have been committed in	481
this state while the offender was out of this state, and the	482
jurisdiction in this state in which the offense or any material	483
element of the offense was committed is not reasonably	484
ascertainable, the offender may be tried in any jurisdiction in	485
which the offense or element reasonably could have been committed.	486

(G) When it appears beyond a reasonable doubt that an offense	487
or any element of an offense was committed in any of two or more	488
jurisdictions, but it cannot reasonably be determined in which	489
jurisdiction the offense or element was committed, the offender	490
may be tried in any of those jurisdictions.	491

(H) When an offender, as part of a course of criminal	492
conduct, commits offenses in different jurisdictions, the offender	493
may be tried for all of those offenses in any jurisdiction in	494
which one of those offenses or any element of one of those	495
offenses occurred. Without limitation on the evidence that may be	496
used to establish the course of criminal conduct, any of the	497
following is prima-facie evidence of a course of criminal conduct:	498

(1) The offenses involved the same victim, or victims of the	499
same type or from the same group.	500

(2) The offenses were committed by the offender in the	501
offender's same employment, or capacity, or relationship to	502
another.	503

(3) The offenses were committed as part of the same	504
transaction or chain of events, or in furtherance of the same	505
purpose or objective.	506

(4) The offenses were committed in furtherance of the same	507
conspiracy.	508

(5) The offenses involved the same or a similar modus	509
operandi.	510

(6) The offenses were committed along the offender's line of	511
travel in this state, regardless of the offender's point of origin	512
or destination.	513

(I)(1) When the offense involves a computer, computer system,	514
computer network, telecommunication, telecommunications device,	515
telecommunications service, or information service, the offender	516
may be tried in any jurisdiction containing any location of the	517
computer, computer system, or computer network of the victim of	518
the offense, in any jurisdiction from which or into which, as part	519
of the offense, any writing, data, or image is disseminated or	520
transmitted by means of a computer, computer system, computer	521
network, telecommunication, telecommunications device,	522
telecommunications service, or information service, or in any	523
jurisdiction in which the alleged offender commits any activity	524
that is an essential part of the offense.	525

(2) As used in this section, "computer," "computer system,"	526
"computer network," "information service," "telecommunication,"	527
"telecommunications device," "telecommunications service," "data,"	528
and "writing" have the same meanings as in section 2913.01 of the	529
Revised Code.	530

(J) When the offense involves the death of a person, and it	531
cannot reasonably be determined in which jurisdiction the offense	532
was committed, the offender may be tried in the jurisdiction in	533
which the dead person's body or any part of the dead person's body	534
was found.	535

(K) Notwithstanding any other requirement for the place of	536
trial, venue may be changed, upon motion of the prosecution, the	537
defense, or the court, to any court having jurisdiction of the	538
subject matter outside the county in which trial otherwise would	539
be held, when it appears that a fair and impartial trial cannot be	540
held in the jurisdiction in which trial otherwise would be held,	541
or when it appears that trial should be held in another	542
jurisdiction for the convenience of the parties and in the	543
interests of justice.	544

Sec. 3313.75. (A) For purposes of this section, "school	545
premises" has the same meaning as in section 3313.77 of the	546
Revised Code.	547

(B) The board of education of a city, exempted village, or	548
local school district may authorize the opening of schoolhouses	549
school premises for any lawful purposes.	550

(B)(C) In accordance with this section and section 3313.77 of	551
the Revised Code, a district board may rent or lease facilities	552
school premises under its control to any public or nonpublic	553
institution of higher education for the institution's use in	554
providing evening and summer classes.	555

(C)(D) This section does not authorize a board to rent or	556
lease a schoolhouseschool premises when such rental or lease	557
interferes with the public schools in such district, or for any	558
purpose other than is authorized by law.	559

Sec. 3313.76.  Upon application of any responsible	560
organization, or of a group of at least seven citizens, all school	561
grounds and schoolhousespremises, as that term is defined in	562
section 3313.77 of the Revised Code, as well as all other	563
buildings under the supervision and control of the state, or	564
buildings maintained by taxation under the laws of this state,	565
shall be available for use as social centers for the entertainment	566
and education of the people, including the adult and youthful	567
population, and for the discussion of all topics tending to the	568
development of personal character and of civil welfare, and for	569
religious exercises. Such occupation should not seriously infringe	570
upon the original and necessary uses of such properties. The	571
public officials in charge of such buildings shall prescribe such	572
rules and regulations for their occupancy and use as will secure a	573
fair, reasonable, and impartial use of the same.	574

Sec. 3313.77. (A) For purposes of this section:

575

(1) "General public" means members of the community,	576
including both of the following:	577

(a) Students during nonschool hours;

578

(b) Employees of a school or school district when not working	579
in the scope of their employment.	580

(2) "Nonschool hours" means both of the following:

581

(a) Any time prior to and after regular classroom instruction	582
on a day that school is in session;	583

(b) Any day that school is not in session, including	584
weekends, holidays, and vacation breaks.	585

(3) "Recreational meetings and entertainments" means all	586
indoor or outdoor games or physical activities, either organized	587
or unorganized, that are undertaken for exercise, relaxation,	588
diversion, sport, or pleasure.	589

(4) "School premises" means all indoor and outdoor	590
structures, facilities, and land owned, rented, or leased by a	591
school or school district.	592

(B) The board of education of any city, exempted village, or	593
local school district shall, upon request and the payment of a	594
reasonable fee, subject to such regulation as is adopted by such	595
board, permit the use of any school house and rooms therein and	596
the grounds and other property under its controlpremises, when	597
not in actual use for school purposes, for any of the following	598
purposes:	599

(A)(1) Giving instructions in any branch of education,	600
learning, or the arts;	601

(B)(2) Holding educational, religious, civic, social, or	602
recreational meetings and entertainments, and for such other	603
purposes as promote the welfare of the community; provided such	604
meetings and entertainments shall be nonexclusive and open to the	605
general public;	606

(C)(3) Public library purposes, as a station for a public	607
library, or as reading rooms;	608

(D)(4) Polling places, for holding elections and for the	609
registration of voters, or for holding grange or similar meetings.	610

Within sixty days after the effective date of this section,	611
theThe board of education of each school district shall adopt a	612
policy for the use of school facilitiespremises by the general	613
public, including a list of all fees to be paid for the use of	614
such facilitiespremises and the costs used to determine such	615
fees. Once adopted, the policy shall remain in effect until	616
formally amended by the board. A copy of the policy shall be made	617
available to any resident of the district upon request.	618

Sec. 3313.78.  Upon application of a committee representing	619
any candidate for public office or any regularly organized or	620
recognized political party, the board of education having control	621
of any school groundspremises mentioned in section 3313.76 of the	622
Revised Code, shall permit the same to be used as a place wherein	623
to hold meetings of electors for the discussion of public	624
questions and issues. No such meeting shall be held during regular	625
school hours. No charge shall be made for such use, but the	626
candidate or committee so holding a meeting shall be responsible	627
for any damage done or expense incurred by reason thereof.	628

Sec. 3313.791. (A) For purposes of this section:

629

(1) "School" means a school in a city, local, or exempted	630
village school district.	631

(2) "School district" means a city, local, or exempted	632
village school district.	633

(3) "School premises" has the same meaning as in section	634
3313.77 of the Revised Code.	635

(B) Except as otherwise provided in division (C) of this	636
section, a school or school district, a member of a school	637
district board of education, or a school district or school	638
employee is not liable in damages in a civil action for injury,	639
death, or loss to person or property allegedly arising from the	640
use of school premises under section 3313.75, 3313.76, 3313.77, or	641
3313.78 of the Revised Code, unless the injury, death, or loss to	642
person or property results from willful or wanton misconduct by	643
the school or school district, a member of the school district	644
board of education, or an employee of the school district or of	645
any school in the district.	646

This section does not eliminate, limit, or reduce any other	647
immunity or defense that a school or school district, member of a	648
school district board of education, or school district or school	649
employee may be entitled to under Chapter 2744. or any other	650
provision of the Revised Code or under the common law of this	651
state.	652

(C) A school or school district, a member of a school	653
district board of education, or a school district or school	654
employee is not immune from liability in damages in a civil action	655
as provided under division (B) of this section if the board of	656
education of the city, exempted village, or local school district	657
charges a fee for the use of school premises that significantly	658
exceeds the costs incurred for the operation of the school	659
premises.	660

Sec. 3721.02. (A) As used in this section, "residential	661
facility" means a residential facility licensed under section	662
5119.34 of the Revised Code that provides accommodations,	663
supervision, and personal care services for three to sixteen	664
unrelated adults.	665

(B)(1) The director of health shall license homes and	666
establish procedures to be followed in inspecting and licensing	667
homes. The director may inspect a home at any time. Each home	668
shall be inspected by the director at least once prior to the	669
issuance of a license and at least once every fifteen months	670
thereafter. The state fire marshal or a township, municipal, or	671
other legally constituted fire department approved by the marshal	672
shall also inspect a home prior to issuance of a license, at least	673
once every fifteen months thereafter, and at any other time	674
requested by the director. A home does not have to be inspected	675
prior to issuance of a license by the director, state fire	676
marshal, or a fire department if ownership of the home is assigned	677
or transferred to a different person and the home was licensed	678
under this chapter immediately prior to the assignment or	679
transfer. The director may enter at any time, for the purposes of	680
investigation, any institution, residence, facility, or other	681
structure that has been reported to the director or that the	682
director has reasonable cause to believe is operating as a nursing	683
home, residential care facility, or home for the aging without a	684
valid license required by section 3721.05 of the Revised Code or,	685
in the case of a county home or district home, is operating	686
despite the revocation of its residential care facility license.	687
The director may delegate the director's authority and duties	688
under this chapter to any division, bureau, agency, or official of	689
the department of health.	690

(2)(a) If, prior to issuance of a license, a home submits a	691
request for an expedited licensing inspection and the request is	692
submitted in a manner and form approved by the director, the	693
director shall commence an inspection of the home not later than	694
ten business days after receiving the request.	695

(b) On request, submitted in a manner and form approved by	696
the director, the director may review plans for a building that is	697
to be used as a home for compliance with applicable state and	698
local building and safety codes.	699

(c) The director may charge a fee for an expedited licensing	700
inspection or a plan review that is adequate to cover the expense	701
of expediting the inspection or reviewing the plans. The fee shall	702
be deposited in the state treasury to the credit of the general	703
operations fund created in section 3701.83 of the Revised Code and	704
used solely for expediting inspections and reviewing plans.	705

(C) A single facility may be licensed both as a nursing home	706
pursuant to this chapter and as a residential facility pursuant to	707
section 5119.34 of the Revised Code if the director determines	708
that the part or unit to be licensed as a nursing home can be	709
maintained separate and discrete from the part or unit to be	710
licensed as a residential facility.	711

(D) In determining the number of residents in a home for the	712
purpose of licensing, the director shall consider all the	713
individuals for whom the home provides accommodations as one group	714
unless one of the following is the case:	715

(1) The home is a home for the aging, in which case all the	716
individuals in the part or unit licensed as a nursing home shall	717
be considered as one group, and all the individuals in the part or	718
unit licensed as a rest home shall be considered as another group.	719

(2) The home is both a nursing home and a residential	720
facility. In that case, all the individuals in the part or unit	721
licensed as a nursing home shall be considered as one group, and	722
all the individuals in the part or unit licensed as an adult care	723
facility shall be considered as another group.	724

(3) The home maintains, in addition to a nursing home or	725
residential care facility, a separate and discrete part or unit	726
that provides accommodations to individuals who do not require or	727
receive skilled nursing care and do not receive personal care	728
services from the home, in which case the individuals in the	729
separate and discrete part or unit shall not be considered in	730
determining the number of residents in the home if the separate	731
and discrete part or unit is in compliance with the Ohio basic	732
building code established by the board of building standards under	733
Chapters 3781. and 3791. of the Revised Code and the home permits	734
the director, on request, to inspect the separate and discrete	735
part or unit and speak with the individuals residing there, if	736
they consent, to determine whether the separate and discrete part	737
or unit meets the requirements of this division.	738

(E)(1) The director of health shall charge the following	739
application fee and annual renewal licensing and inspection fee	740
for each fifty persons or part thereof of a home's licensed	741
capacity:	742

(a) For state fiscal year 2010, two hundred twenty dollars;

743

(b) For state fiscal year 2011, two hundred seventy dollars;

744

(c) For each state fiscal year thereafter, three hundred	745
twenty dollars.	746

(2) All fees collected by the director for the issuance or	747
renewal of licenses shall be deposited into the state treasury to	748
the credit of the general operations fund created in section	749
3701.83 of the Revised Code for use only in administering and	750
enforcing this chapter and rules adopted under it.	751

(F)(1) Except as otherwise provided in this section, the	752
results of an inspection or investigation of a home that is	753
conducted under this section, including any statement of	754
deficiencies and all findings and deficiencies cited in the	755
statement on the basis of the inspection or investigation, shall	756
be used solely to determine the home's compliance with this	757
chapter or another chapter of the Revised Code in any action or	758
proceeding other than an action commenced under division (I) of	759
section 3721.17 of the Revised Code. Those results of an	760
inspection or investigation, that statement of deficiencies, and	761
the findings and deficiencies cited in that statement shall not be	762
used in anyeither of the following:	763

(a) Any court or in any action or proceeding that is pending	764
in any court and are not admissible in evidence in any action or	765
proceeding unless that action or proceeding is an appeal of an	766
action by the department of health under this chapter or is an	767
action by any department or agency of the state to enforce this	768
chapter or another chapter of the Revised Code;	769

(b) An advertisement, unless the advertisement includes all	770
of the following:	771

(i) The date the inspection or investigation was conducted;

772

(ii) A statement that the director of health inspects all	773
homes at least once every fifteen months;	774

(iii) If a finding or deficiency cited in the statement of	775
deficiencies has been substantially corrected, a statement that	776
the finding or deficiency has been substantially corrected and the	777
date that the finding or deficiency was substantially corrected;	778

(iv) The number of findings and deficiencies cited in the	779
statement of deficiencies on the basis of the inspection or	780
investigation;	781

(v) The average number of findings and deficiencies cited in	782
a statement of deficiencies on the basis of an inspection or	783
investigation conducted under this section during the same	784
calendar year as the inspection or investigation used in the	785
advertisement;	786

(vi) A statement that the advertisement is neither authorized	787
nor endorsed by the department of health or any other government	788
agency.	789

(2) Nothing in division (F)(1) of this section prohibits the	790
results of an inspection or investigation conducted under this	791
section from being used in a criminal investigation or	792
prosecution.	793

Sec. 5165.67.  The results of a survey of a nursing facility	794
that is conducted under section 5165.64 of the Revised Code,	795
including any statement of deficiencies and all findings and	796
deficiencies cited in the statement on the basis of the survey,	797
shall be used solely to determine the nursing facility's	798
compliance with certification requirements or with this chapter or	799
another chapter of the Revised Code. Those results of a survey,	800
that statement of deficiencies, and the findings and deficiencies	801
cited in that statement shall not be used in anyeither of the	802
following:	803

(A) Any court or in any action or proceeding that is pending	804
in any court and are not admissible in evidence in any action or	805
proceeding unless that action or proceeding is an appeal of an	806
administrative action by the department of medicaid or contracting	807
agency under this chapter or is an action by any department or	808
agency of the state to enforce this chapter or another chapter of	809
the Revised Code;	810

(B) An advertisement, unless the advertisement includes all	811
of the following:	812

(1) The date the survey was conducted;

813

(2) A statement that the department of health conducts a	814
survey of all nursing facilities at least once every fifteen	815
months;	816

(3) If a finding or deficiency cited in the statement of	817
deficiencies has been substantially corrected, a statement that	818
the finding or deficiency has been substantially corrected and the	819
date that the finding or deficiency was substantially corrected;	820

(4) The number of findings and deficiencies cited in the	821
statement of deficiencies on the basis of the survey;	822

(5) The average number of findings and deficiencies cited in	823
a statement of deficiencies on the basis of a survey conducted	824
under section 5165.64 of the Revised Code during the same calendar	825
year as the survey used in the advertisement;	826

(6) A statement that the advertisement is neither authorized	827
nor endorsed by the department or any other government agency.	828

Nothing in this section prohibits the results of a survey, a	829
statement of deficiencies, or the findings and deficiencies cited	830
in that statement on the basis of the survey under this section	831
from being used in a criminal investigation or prosecution.	832

Section 2.  That existing sections 2305.113, 2901.12,	833
3313.75, 3313.76, 3313.77, 3313.78, 3721.02, and 5165.67 of the	834
Revised Code are hereby repealed.	835