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| To amend section 2901.12 and to enact sections | 1 |
| 1901.028, 1907.04, 2301.04, 2305.2310, and 2501.20 | 2 |
| of the Revised Code to provide civil immunity for | 3 |
| architects, contractors, engineers, surveyors, and | 4 |
| tradespersons providing volunteer services during | 5 |
| a declared emergency and to provide for the | 6 |
| continued orderly operation of the courts in case | 7 |
| of a disaster, civil disorder, or other | 8 |
| extraordinary circumstance. | 9 |
| Section 1. That section 2901.12 be amended and sections | 10 |
| 1901.028, 1907.04, 2301.04, 2305.2310, and 2501.20 of the Revised | 11 |
| Code be enacted to read as follows: | 12 |
| Sec. 1901.028. (A) In the event of a natural or man-made | 13 |
| disaster, civil disorder, or any extraordinary circumstance that | 14 |
| interrupts or threatens to interrupt the orderly operation of a | 15 |
| municipal court within the territorial jurisdiction of the court, | 16 |
| the administrative judge of the court may issue an order | 17 |
| authorizing the court to operate at a temporary location inside or | 18 |
| outside the territorial jurisdiction of the court. The order shall | 19 |
| identify the temporary location at which the court shall operate | 20 |
| and the date on which operations shall commence at the temporary | 21 |
| location. The court shall operate at the temporary location until | 22 |
| the administrative judge withdraws, cancels, or rescinds the | 23 |
| order. | 24 |
| (B) The authority of an administrative judge of a municipal | 25 |
| court to issue an order authorizing the court to operate at a | 26 |
| temporary location pursuant to division (A) of this section is | 27 |
| independent of and shall not be conditioned upon a declaration of | 28 |
| a judicial emergency issued by the chief justice of the supreme | 29 |
| court pursuant to Rule 14 of the Rules of Superintendence for the | 30 |
| Courts of Ohio. | 31 |
| (C) For the period during which a municipal court operates in | 32 |
| a temporary location pursuant to division (A) of this section, the | 33 |
| court shall continue to have the territorial jurisdiction set | 34 |
| forth in section 1901.02 of the Revised Code and the court shall | 35 |
| have jurisdiction to hear actions and conduct proceedings the same | 36 |
| as if the court were operating within that territorial | 37 |
| jurisdiction. | 38 |
| (D) As soon as practicable following issuance of an order | 39 |
| pursuant to division (A) of this section, both of the following | 40 |
| shall occur: | 41 |
| (1) The administrative judge of the municipal court shall | 42 |
| provide notice and a copy of the order by regular or electronic | 43 |
| mail to all of the following: | 44 |
| (a) The chief justice and administrative director of the | 45 |
| supreme court; | 46 |
| (b) The legislative authorities of the local funding | 47 |
| authorities of the court; | 48 |
| (c) All appropriate law enforcement agencies, prosecuting | 49 |
| authorities, public defender agencies, and local bar associations | 50 |
| within the territorial jurisdiction of the court. | 51 |
| (2) If the court operates and maintains a web site, the web | 52 |
| site shall provide notification of the operation of the court at | 53 |
| the temporary location, including the site of the temporary | 54 |
| location and the date on which operations shall commence at the | 55 |
| temporary location. | 56 |
| (E) As soon as practicable following the withdrawal, | 57 |
| cancellation, or rescission of an order issued pursuant to | 58 |
| division (A) of this section, each of the following shall occur: | 59 |
| (1) The administrative judge of the municipal court shall | 60 |
| provide notice by regular or electronic mail to all of the | 61 |
| following: | 62 |
| (a) The chief justice and administrative director of the | 63 |
| supreme court; | 64 |
| (b) The legislative authorities of the local funding | 65 |
| authorities of the court; | 66 |
| (c) All appropriate law enforcement agencies, prosecuting | 67 |
| authorities, public defender agencies, and local bar associations | 68 |
| within the territorial jurisdiction of the court. | 69 |
| (2) If the court operates and maintains a web site, the web | 70 |
| site shall provide notification of the operation of the court at | 71 |
| the permanent location of the court, including the site of the | 72 |
| permanent location and the date on which operations shall commence | 73 |
| at the permanent location. | 74 |
| Sec. 1907.04. (A) In the event of a natural or man-made | 75 |
| disaster, civil disorder, or any extraordinary circumstance that | 76 |
| interrupts or threatens to interrupt the orderly operation of a | 77 |
| county court within the territorial jurisdiction of the court, the | 78 |
| administrative judge of the court may issue an order authorizing | 79 |
| the court to operate at a temporary location inside or outside the | 80 |
| territorial jurisdiction of the court. The order shall identify | 81 |
| the temporary location at which the court shall operate and the | 82 |
| date on which operations shall commence at the temporary location. | 83 |
| The court shall operate at the temporary location until the | 84 |
| administrative judge withdraws, cancels, or rescinds the order. | 85 |
| (B) The authority of an administrative judge of a county | 86 |
| court to issue an order authorizing the court to operate at a | 87 |
| temporary location pursuant to division (A) of this section is | 88 |
| independent of and shall not be conditioned upon a declaration of | 89 |
| a judicial emergency issued by the chief justice of the supreme | 90 |
| court pursuant to Rule 14 of the Rules of Superintendence for the | 91 |
| Courts of Ohio. | 92 |
| (C) For the period during which a county court operates in a | 93 |
| temporary location pursuant to division (A) of this section, the | 94 |
| court shall continue to have the territorial jurisdiction set | 95 |
| forth in section 1907.01 of the Revised Code and the court shall | 96 |
| have jurisdiction to hear actions and conduct proceedings the same | 97 |
| as if the court were operating within that territorial | 98 |
| jurisdiction. | 99 |
| (D) As soon as practicable following issuance of an order | 100 |
| pursuant to division (A) of this section, both of the following | 101 |
| shall occur: | 102 |
| (1) The administrative judge of the county court shall | 103 |
| provide notice and a copy of the order by regular or electronic | 104 |
| mail to all of the following: | 105 |
| (a) The chief justice and administrative director of the | 106 |
| supreme court; | 107 |
| (b) The legislative authorities of the local funding | 108 |
| authorities of the court; | 109 |
| (c) All appropriate law enforcement agencies, prosecuting | 110 |
| authorities, public defender agencies, and local bar associations | 111 |
| within the territorial jurisdiction of the court. | 112 |
| (2) If the court operates and maintains a web site, the web | 113 |
| site shall provide notification of the operation of the court at | 114 |
| the temporary location, including the site of the temporary | 115 |
| location and the date on which operations shall commence at the | 116 |
| temporary location. | 117 |
| (E) As soon as practicable following the withdrawal, | 118 |
| cancellation, or rescission of an order issued pursuant to | 119 |
| division (A) of this section, each of the following shall occur: | 120 |
| (1) The administrative judge of the county court shall | 121 |
| provide notice by regular or electronic mail to all of the | 122 |
| following: | 123 |
| (a) The chief justice and administrative director of the | 124 |
| supreme court; | 125 |
| (b) The legislative authorities of the local funding | 126 |
| authorities of the court; | 127 |
| (c) All appropriate law enforcement agencies, prosecuting | 128 |
| authorities, public defender agencies, and local bar associations | 129 |
| within the territorial jurisdiction of the court. | 130 |
| (2) If the court operates and maintains a web site, the web | 131 |
| site shall provide notification of the operation of the court at | 132 |
| the permanent location of the court, including the site of the | 133 |
| permanent location and the date on which operations shall commence | 134 |
| at the permanent location. | 135 |
| Sec. 2301.04. (A) In the event of a natural or man-made | 136 |
| disaster, civil disorder, or any extraordinary circumstance that | 137 |
| interrupts or threatens to interrupt the orderly operation of a | 138 |
| division of a court of common pleas within the territorial | 139 |
| jurisdiction of the division, the administrative judge of the | 140 |
| division may issue an order authorizing the division to operate at | 141 |
| a temporary location inside or outside the territorial | 142 |
| jurisdiction of the division. The order shall identify the | 143 |
| temporary location at which the division shall operate and the | 144 |
| date on which operations shall commence at the temporary location. | 145 |
| The division shall operate at the temporary location until the | 146 |
| administrative judge withdraws, cancels, or rescinds the order. | 147 |
| (B) The authority of an administrative judge of a division of | 148 |
| a court of common pleas to issue an order authorizing the division | 149 |
| to operate at a temporary location pursuant to division (A) of | 150 |
| this section is independent of and shall not be conditioned upon a | 151 |
| declaration of a judicial emergency issued by the chief justice of | 152 |
| the supreme court pursuant to Rule 14 of the Rules of | 153 |
| Superintendence for the Courts of Ohio. | 154 |
| (C) For the period during which a division of a court of | 155 |
| common pleas operates in a temporary location pursuant to division | 156 |
| (A) of this section, the division shall continue to have the | 157 |
| territorial jurisdiction set forth in section 2301.01 of the | 158 |
| Revised Code and the court shall have jurisdiction to hear actions | 159 |
| and conduct proceedings the same as if the division were operating | 160 |
| within that territorial jurisdiction. | 161 |
| (D) As soon as practicable following issuance of an order | 162 |
| pursuant to division (A) of this section, both of the following | 163 |
| shall occur: | 164 |
| (1) The administrative judge of the division of the court of | 165 |
| common pleas shall provide notice and a copy of the order by | 166 |
| regular or electronic mail to all of the following: | 167 |
| (a) The chief justice and administrative director of the | 168 |
| supreme court; | 169 |
| (b) The legislative authorities of the local funding | 170 |
| authorities of the court; | 171 |
| (c) All appropriate law enforcement agencies, prosecuting | 172 |
| authorities, public defender agencies, and local bar associations | 173 |
| within the territorial jurisdiction of the court. | 174 |
| (2) If the division operates and maintains a web site, the | 175 |
| web site shall provide notification of the operation of the | 176 |
| division at the temporary location, including the site of the | 177 |
| temporary location and the date on which operations shall commence | 178 |
| at the temporary location. | 179 |
| (E) As soon as practicable following the withdrawal, | 180 |
| cancellation, or rescission of an order issued pursuant to | 181 |
| division (A) of this section, each of the following shall occur: | 182 |
| (1) The administrative judge of the division of the court of | 183 |
| common pleas shall provide notice by regular or electronic mail to | 184 |
| all of the following: | 185 |
| (a) The chief justice and administrative director of the | 186 |
| supreme court; | 187 |
| (b) The legislative authorities of the local funding | 188 |
| authorities of the court; | 189 |
| (c) All appropriate law enforcement agencies, prosecuting | 190 |
| authorities, public defender agencies, and local bar associations | 191 |
| within the territorial jurisdiction of the court. | 192 |
| (2) If the division operates and maintains a web site, the | 193 |
| web site shall provide notification of the operation of the | 194 |
| division at the permanent location of the division, including the | 195 |
| site of the permanent location and the date on which operations | 196 |
| shall commence at the permanent location. | 197 |
| Sec. 2305.2310. (A) A volunteer who is an architect, | 198 |
| contractor, engineer, surveyor, or tradesperson shall not be | 199 |
| liable in damages in a civil action for any injury, loss to person | 200 |
| or property, or wrongful death related to the volunteer's acts, | 201 |
| errors, or omissions in the performance of any professional | 202 |
| services or construction services for any structure, building, | 203 |
| piping, or other engineered system, either publicly or privately | 204 |
| owned. | 205 |
| (B)(1) The immunity provided in this section shall only apply | 206 |
| to professional services or construction services provided during | 207 |
| a declared emergency and to professional services or construction | 208 |
| services provided not more than ninety days after the end of the | 209 |
| period of the declared emergency. | 210 |
| (2) If the governor, under the governor's emergency executive | 211 |
| powers, extends the period of declared emergency, the immunity | 212 |
| provided under this section shall apply to services provided not | 213 |
| more than ninety days after the end of the extended period of | 214 |
| emergency. | 215 |
| (C) Nothing in this section shall provide immunity for | 216 |
| wanton, willful, or intentional misconduct. | 217 |
| (D) As used in this section: | 218 |
| (1) "Architect" means an individual who is certified as an | 219 |
| architect under Chapter 4703. of the Revised Code. | 220 |
| (2) "Building inspection official" means any appointed or | 221 |
| elected federal, state, or local official with overall executive | 222 |
| responsibility for coordinating building inspections in the | 223 |
| jurisdiction in which a declared emergency has occurred. | 224 |
| (3) "Construction services" includes any construction, | 225 |
| improvement, renovation, repair, or maintenance performed by a | 226 |
| contractor or tradesperson. "Construction services" does not | 227 |
| include services provided by an individual who is not qualified to | 228 |
| provide such services. | 229 |
| (4) "Contractor" has the same meaning as section 4740.01 of | 230 |
| the Revised Code. | 231 |
| (5) "Engineer" means an individual registered as a | 232 |
| professional engineer under Chapter 4733. of the Revised Code. | 233 |
| (6) "Law enforcement official" means an appointed or elected | 234 |
| federal, state, or local official responsible for coordinating law | 235 |
| enforcement in the jurisdiction in which a declared emergency has | 236 |
| occurred. | 237 |
| (7) "Professional services" means architectural, engineering, | 238 |
| or surveying services provided by an architect, engineer, or | 239 |
| surveyor, respectively. "Professional services" does not include | 240 |
| services provided by an individual who is not qualified to provide | 241 |
| such services. | 242 |
| (8) "Public official" means any elected federal, state, or | 243 |
| local official with overall executive responsibility in the | 244 |
| jurisdiction in which a declared emergency has occurred. | 245 |
| (9) "Public safety official" means any appointed or elected | 246 |
| official with overall executive responsibility to coordinate | 247 |
| public safety in the jurisdiction in which a declared emergency | 248 |
| has occurred. | 249 |
| (10) "Surveyor" means an individual who is registered as a | 250 |
| professional surveyor under Chapter 4733. of the Revised Code. | 251 |
| (11) "Tradesperson" has the same meaning as in section | 252 |
| 4740.01 of the Revised Code. | 253 |
| (12) "Volunteer" means an individual who, at the request of, | 254 |
| or with the approval of, a national, state, or local public | 255 |
| official, law enforcement official, public safety official, or | 256 |
| building inspection official acting in an official capacity, | 257 |
| voluntarily, without compensation, provides professional services | 258 |
| or construction services without a written contract in relation to | 259 |
| a declared national, state, or local emergency caused by a major | 260 |
| earthquake, hurricane, tornado, fire, explosion, collapse, or | 261 |
| other catastrophic event. | 262 |
| Sec. 2501.20. (A) In the event of a natural or man-made | 263 |
| disaster, civil disorder, or any extraordinary circumstance that | 264 |
| interrupts or threatens to interrupt the orderly operation of a | 265 |
| court of appeals within the territorial jurisdiction of the court, | 266 |
| the administrative judge of the court may issue an order | 267 |
| authorizing the court to operate at a temporary location inside or | 268 |
| outside the territorial jurisdiction of the court. The order shall | 269 |
| identify the temporary location at which the court shall operate | 270 |
| and the date on which operations shall commence at the temporary | 271 |
| location. The court shall operate at the temporary location until | 272 |
| the administrative judge withdraws, cancels, or rescinds the | 273 |
| order. | 274 |
| (B) The authority of an administrative judge of a court of | 275 |
| appeals to issue an order authorizing the court to operate at a | 276 |
| temporary location pursuant to division (A) of this section is | 277 |
| independent of and shall not be conditioned upon a declaration of | 278 |
| a judicial emergency issued by the chief justice of the supreme | 279 |
| court pursuant to Rule 14 of the Rules of Superintendence for the | 280 |
| Courts of Ohio. | 281 |
| (C) For the period during which a court of appeals operates | 282 |
| in a temporary location pursuant to division (A) of this section, | 283 |
| the court shall continue to have the territorial jurisdiction set | 284 |
| forth in section 2501.01 of the Revised Code and the court shall | 285 |
| have jurisdiction to hear actions and conduct proceedings the same | 286 |
| as if the court were operating within that territorial | 287 |
| jurisdiction. | 288 |
| (D) As soon as practicable following issuance of an order | 289 |
| pursuant to division (A) of this section, both of the following | 290 |
| shall occur: | 291 |
| (1) The administrative judge of the court of appeals shall | 292 |
| provide notice and a copy of the order by regular or electronic | 293 |
| mail to all of the following: | 294 |
| (a) The chief justice and administrative director of the | 295 |
| supreme court; | 296 |
| (b) The legislative authorities of the local funding | 297 |
| authorities of the court; | 298 |
| (c) All appropriate law enforcement agencies, prosecuting | 299 |
| authorities, public defender agencies, and local bar associations | 300 |
| within the territorial jurisdiction of the court. | 301 |
| (2) If the court operates and maintains a web site, the web | 302 |
| site shall provide notification of the operation of the court at | 303 |
| the temporary location, including the site of the temporary | 304 |
| location and the date on which operations shall commence at the | 305 |
| temporary location. | 306 |
| (E) As soon as practicable following the withdrawal, | 307 |
| cancellation, or rescission of an order issued pursuant to | 308 |
| division (A) of this section, each of the following shall occur: | 309 |
| (1) The administrative judge of the court of appeals shall | 310 |
| provide notice by regular or electronic mail to all of the | 311 |
| following: | 312 |
| (a) The chief justice and administrative director of the | 313 |
| supreme court; | 314 |
| (b) The legislative authorities of the local funding | 315 |
| authorities of the court; | 316 |
| (c) All appropriate law enforcement agencies, prosecuting | 317 |
| authorities, public defender agencies, and local bar associations | 318 |
| within the territorial jurisdiction of the court. | 319 |
| (2) If the court operates and maintains a web site, the web | 320 |
| site shall provide notification of the operation of the court at | 321 |
| the permanent location of the court, including the site of the | 322 |
| permanent location and the date on which operations shall commence | 323 |
| at the permanent location. | 324 |
| Sec. 2901.12. (A) The trial of a criminal case in this state | 325 |
| shall be held in a court having jurisdiction of the subject | 326 |
| matter, and, except in cases of emergency under section 1901.028, | 327 |
| 1907.04, 2301.04, or 2501.20 of the Revised Code, in the territory | 328 |
| of which the offense or any element of the offense was committed. | 329 |
| (B) When the offense or any element of the offense was | 330 |
| committed in an aircraft, motor vehicle, train, watercraft, or | 331 |
| other vehicle, in transit, and it cannot reasonably be determined | 332 |
| in which jurisdiction the offense was committed, the offender may | 333 |
| be tried in any jurisdiction through which the aircraft, motor | 334 |
| vehicle, train, watercraft, or other vehicle passed. | 335 |
| (C) When the offense involved the unlawful taking or | 336 |
| receiving of property or the unlawful taking or enticing of | 337 |
| another, the offender may be tried in any jurisdiction from which | 338 |
| or into which the property or victim was taken, received, or | 339 |
| enticed. | 340 |
| (D) When the offense is conspiracy, attempt, or complicity | 341 |
| cognizable under division (A)(2) of section 2901.11 of the Revised | 342 |
| Code, the offender may be tried in any jurisdiction in which the | 343 |
| conspiracy, attempt, complicity, or any of its elements occurred. | 344 |
| If an offense resulted outside this state from the conspiracy, | 345 |
| attempt, or complicity, that resulting offense also may be tried | 346 |
| in any jurisdiction in which the conspiracy, attempt, complicity, | 347 |
| or any of the elements of the conspiracy, attempt, or complicity | 348 |
| occurred. | 349 |
| (E) When the offense is conspiracy or attempt cognizable | 350 |
| under division (A)(3) of section 2901.11 of the Revised Code, the | 351 |
| offender may be tried in any jurisdiction in which the offense | 352 |
| that was the object of the conspiracy or attempt, or any element | 353 |
| of that offense, was intended to or could have taken place. When | 354 |
| the offense is complicity cognizable under division (A)(3) of | 355 |
| section 2901.11 of the Revised Code, the offender may be tried in | 356 |
| any jurisdiction in which the principal offender may be tried. | 357 |
| (F) When an offense is considered to have been committed in | 358 |
| this state while the offender was out of this state, and the | 359 |
| jurisdiction in this state in which the offense or any material | 360 |
| element of the offense was committed is not reasonably | 361 |
| ascertainable, the offender may be tried in any jurisdiction in | 362 |
| which the offense or element reasonably could have been committed. | 363 |
| (G) When it appears beyond a reasonable doubt that an offense | 364 |
| or any element of an offense was committed in any of two or more | 365 |
| jurisdictions, but it cannot reasonably be determined in which | 366 |
| jurisdiction the offense or element was committed, the offender | 367 |
| may be tried in any of those jurisdictions. | 368 |
| (H) When an offender, as part of a course of criminal | 369 |
| conduct, commits offenses in different jurisdictions, the offender | 370 |
| may be tried for all of those offenses in any jurisdiction in | 371 |
| which one of those offenses or any element of one of those | 372 |
| offenses occurred. Without limitation on the evidence that may be | 373 |
| used to establish the course of criminal conduct, any of the | 374 |
| following is prima-facie evidence of a course of criminal conduct: | 375 |
| (1) The offenses involved the same victim, or victims of the | 376 |
| same type or from the same group. | 377 |
| (2) The offenses were committed by the offender in the | 378 |
| offender's same employment, or capacity, or relationship to | 379 |
| another. | 380 |
| (3) The offenses were committed as part of the same | 381 |
| transaction or chain of events, or in furtherance of the same | 382 |
| purpose or objective. | 383 |
| (4) The offenses were committed in furtherance of the same | 384 |
| conspiracy. | 385 |
| (5) The offenses involved the same or a similar modus | 386 |
| operandi. | 387 |
| (6) The offenses were committed along the offender's line of | 388 |
| travel in this state, regardless of the offender's point of origin | 389 |
| or destination. | 390 |
| (I)(1) When the offense involves a computer, computer system, | 391 |
| computer network, telecommunication, telecommunications device, | 392 |
| telecommunications service, or information service, the offender | 393 |
| may be tried in any jurisdiction containing any location of the | 394 |
| computer, computer system, or computer network of the victim of | 395 |
| the offense, in any jurisdiction from which or into which, as part | 396 |
| of the offense, any writing, data, or image is disseminated or | 397 |
| transmitted by means of a computer, computer system, computer | 398 |
| network, telecommunication, telecommunications device, | 399 |
| telecommunications service, or information service, or in any | 400 |
| jurisdiction in which the alleged offender commits any activity | 401 |
| that is an essential part of the offense. | 402 |
| (2) As used in this section, "computer," "computer system," | 403 |
| "computer network," "information service," "telecommunication," | 404 |
| "telecommunications device," "telecommunications service," "data," | 405 |
| and "writing" have the same meanings as in section 2913.01 of the | 406 |
| Revised Code. | 407 |
| (J) When the offense involves the death of a person, and it | 408 |
| cannot reasonably be determined in which jurisdiction the offense | 409 |
| was committed, the offender may be tried in the jurisdiction in | 410 |
| which the dead person's body or any part of the dead person's body | 411 |
| was found. | 412 |
| (K) Notwithstanding any other requirement for the place of | 413 |
| trial, venue may be changed, upon motion of the prosecution, the | 414 |
| defense, or the court, to any court having jurisdiction of the | 415 |
| subject matter outside the county in which trial otherwise would | 416 |
| be held, when it appears that a fair and impartial trial cannot be | 417 |
| held in the jurisdiction in which trial otherwise would be held, | 418 |
| or when it appears that trial should be held in another | 419 |
| jurisdiction for the convenience of the parties and in the | 420 |
| interests of justice. | 421 |
| Section 2. That existing section 2901.12 of the Revised Code | 422 |
| is hereby repealed. | 423 |