As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 663

Representatives Buchy, Huffman 

Cosponsors: Representatives Brenner, Maag, Scherer, Wachtmann Speaker Batchelder 

Senators Coley, Eklund, Hughes, Patton, Seitz 

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A BILL

To amend sections 120.33, 149.43, 2317.02, 2941.51,

1

2945.10, and 2953.21 and to enact sections

2

2949.221 and 2949.222 of the Revised Code to

3

provide confidentiality and license protection for

4

persons and entities involved in executing a

5

sentence of capital punishment by lethal

6

injection, to provide for a schedule of fees to be

7

paid to appointed counsel in a capital case as set

8

by the Supreme Court, to provide that the attorney

9

client privilege does not apply if the case is a

10

capital case and the client subsequently claims

11

ineffective assistance of counsel regarding the

12

case, to provide for written jury instructions in

13

capital cases, to provide for a joint legislative

14

study committee to study the manner in which

15

families of homicide victims can best be

16

supported, to extend to 365 days the time for

17

filing a postconviction relief petition, and to

18

amend the version of section 149.43 of the Revised

19

Code that is scheduled to take effect on March 20,

20

2015, to continue the provisions of this act on

21

and after that date.

22

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

Section 1. That sections 120.33, 149.43, 2317.02, 2941.51,	23
2945.10, and 2953.21 be amended and sections 2949.221 and	24
2949.222 of the Revised Code be enacted to read as follows:	25

Sec. 120.33.  (A) In lieu of using a county public defender	26
or joint county public defender to represent indigent persons in	27
the proceedings set forth in division (A) of section 120.16 of the	28
Revised Code, the board of county commissioners of any county may	29
adopt a resolution to pay counsel who are either personally	30
selected by the indigent person or appointed by the court. The	31
resolution shall include those provisions the board of county	32
commissioners considers necessary to provide effective	33
representation of indigent persons in any proceeding for which	34
counsel is provided under this section. The resolution shall	35
include provisions for contracts with any municipal corporation	36
under which the municipal corporation shall reimburse the county	37
for counsel appointed to represent indigent persons charged with	38
violations of the ordinances of the municipal corporation.	39

(1) In a county that adopts a resolution to pay counsel, an	40
indigent person shall have the right to do either of the	41
following:	42

(a) To select the person's own personal counsel to represent	43
the person in any proceeding included within the provisions of the	44
resolution;	45

(b) To request the court to appoint counsel to represent the	46
person in such a proceeding.	47

(2) The court having jurisdiction over the proceeding in a	48
county that adopts a resolution to pay counsel shall, after	49
determining that the person is indigent and entitled to legal	50
representation under this section, do either of the following:	51

(a) By signed journal entry recorded on its docket, enter the	52
name of the lawyer selected by the indigent person as counsel of	53
record;	54

(b) Appoint counsel for the indigent person if the person has	55
requested the court to appoint counsel and, by signed journal	56
entry recorded on its dockets, enter the name of the lawyer	57
appointed for the indigent person as counsel of record.	58

(3) The board of county commissioners shall establish a	59
schedule of fees by case or on an hourly basis to be paid to	60
counsel for legal services provided pursuant to a resolution	61
adopted under this section. Prior to establishing the schedule,	62
the board of county commissioners shall request the bar	63
association or associations of the county to submit a proposed	64
schedule for cases other than capital cases. The schedule	65
submitted shall be subject to the review, amendment, and approval	66
of the board of county commissioners, except with respect to	67
capital cases. With respect to capital cases, the schedule shall	68
provide for fees by case or on an hourly basis to be paid to	69
counsel in the amount or at the rate set by the supreme court	70
pursuant to division (D) of this section, and the board of county	71
commissioners shall approve that amount or rate.	72

(4) Counsel selected by the indigent person or appointed by	73
the court at the request of an indigent person in a county that	74
adopts a resolution to pay counsel, except for counsel appointed	75
to represent a person charged with any violation of an ordinance	76
of a municipal corporation that has not contracted with the county	77
commissioners for the payment of appointed counsel, shall be paid	78
by the county and shall receive the compensation and expenses the	79
court approves. With respect to capital cases, the court shall	80
approve compensation and expenses in accordance with the amount or	81
at the rate set by the supreme court pursuant to division (D) of	82
this section. Each request for payment shall be accompanied by a	83
financial disclosure form and an affidavit of indigency that are	84
completed by the indigent person on forms prescribed by the state	85
public defender. Compensation and expenses shall not exceed the	86
amounts fixed by the board of county commissioners in the schedule	87
adopted pursuant to division (A)(3) of this section. No court	88
shall approve compensation and expenses that exceed the amount	89
fixed pursuant to division (A)(3) of this section.	90

The fees and expenses approved by the court shall not be	91
taxed as part of the costs and shall be paid by the county.	92
However, if the person represented has, or may reasonably be	93
expected to have, the means to meet some part of the cost of the	94
services rendered to the person, the person shall pay the county	95
an amount that the person reasonably can be expected to pay.	96
Pursuant to section 120.04 of the Revised Code, the county shall	97
pay to the state public defender a percentage of the payment	98
received from the person in an amount proportionate to the	99
percentage of the costs of the person's case that were paid to the	100
county by the state public defender pursuant to this section. The	101
money paid to the state public defender shall be credited to the	102
client payment fund created pursuant to division (B)(5) of section	103
120.04 of the Revised Code.	104

The county auditor shall draw a warrant on the county	105
treasurer for the payment of counsel in the amount fixed by the	106
court, plus the expenses the court fixes and certifies to the	107
auditor. The county auditor shall report periodically, but not	108
less than annually, to the board of county commissioners and to	109
the state public defender the amounts paid out pursuant to the	110
approval of the court. The board of county commissioners, after	111
review and approval of the auditor's report, or the county	112
auditor, with permission from and notice to the board of county	113
commissioners, may then certify it to the state public defender	114
for reimbursement. The state public defender may pay a requested	115
reimbursement only if the request for reimbursement is accompanied	116
by a financial disclosure form and an affidavit of indigency	117
completed by the indigent person on forms prescribed by the state	118
public defender or if the court certifies by electronic signature	119
as prescribed by the state public defender that a financial	120
disclosure form and affidavit of indigency have been completed by	121
the indigent person and are available for inspection. If a request	122
for the reimbursement of the cost of counsel in any case is not	123
received by the state public defender within ninety days after the	124
end of the calendar month in which the case is finally disposed of	125
by the court, unless the county has requested and the state public	126
defender has granted an extension of the ninety-day limit, the	127
state public defender shall not pay the requested reimbursement.	128
The state public defender shall also review the report and, in	129
accordance with the standards, guidelines, and maximums	130
established pursuant to divisions (B)(7) and (8) of section 120.04	131
of the Revised Code, prepare a voucher for fifty per cent of the	132
total cost of each county appointed counsel system in the period	133
of time covered by the certified report and a voucher for fifty	134
per cent of the costs and expenses that are reimbursable under	135
section 120.35 of the Revised Code, if any, or, if the amount of	136
money appropriated by the general assembly to reimburse counties	137
for the operation of county public defender offices, joint county	138
public defender offices, and county appointed counsel systems is	139
not sufficient to pay fifty per cent of the total cost of all of	140
the offices and systems other than costs and expenses that are	141
reimbursable under section 120.35 of the Revised Code, for the	142
lesser amount required by section 120.34 of the Revised Code.	143

(5) If any county appointed counsel system fails to maintain	144
the standards for the conduct of the system established by the	145
rules of the Ohio public defender commission pursuant to divisions	146
(B) and (C) of section 120.03 or the standards established by the	147
state public defender pursuant to division (B)(7) of section	148
120.04 of the Revised Code, the Ohio public defender commission	149
shall notify the board of county commissioners of the county that	150
the county appointed counsel system has failed to comply with its	151
rules or the standards of the state public defender. Unless the	152
board of county commissioners corrects the conduct of its	153
appointed counsel system to comply with the rules and standards	154
within ninety days after the date of the notice, the state public	155
defender may deny all or part of the county's reimbursement from	156
the state provided for in division (A)(4) of this section.	157

(B) In lieu of using a county public defender or joint county	158
public defender to represent indigent persons in the proceedings	159
set forth in division (A) of section 120.16 of the Revised Code,	160
and in lieu of adopting the resolution and following the procedure	161
described in division (A) of this section, the board of county	162
commissioners of any county may contract with the state public	163
defender for the state public defender's legal representation of	164
indigent persons. A contract entered into pursuant to this	165
division may provide for payment for the services provided on a	166
per case, hourly, or fixed contract basis.	167

(C) If a court appoints an attorney pursuant to this section	168
to represent a petitioner in a postconviction relief proceeding	169
under section 2953.21 of the Revised Code, the petitioner has	170
received a sentence of death, and the proceeding relates to that	171
sentence, the attorney who represents the petitioner in the	172
proceeding pursuant to the appointment shall be certified under	173
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	174
represent indigent defendants charged with or convicted of an	175
offense for which the death penalty can be or has been imposed.	176

(D) The supreme court shall set an amount by case, or a rate	177
on an hourly basis, to be paid under this section to counsel in a	178
capital case.	179

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

180

(1) "Public record" means records kept by any public office,	181
including, but not limited to, state, county, city, village,	182
township, and school district units, and records pertaining to the	183
delivery of educational services by an alternative school in this	184
state kept by the nonprofit or for-profit entity operating the	185
alternative school pursuant to section 3313.533 of the Revised	186
Code. "Public record" does not mean any of the following:	187

(a) Medical records;

188

(b) Records pertaining to probation and parole proceedings or	189
to proceedings related to the imposition of community control	190
sanctions and post-release control sanctions;	191

(c) Records pertaining to actions under section 2151.85 and	192
division (C) of section 2919.121 of the Revised Code and to	193
appeals of actions arising under those sections;	194

(d) Records pertaining to adoption proceedings, including the	195
contents of an adoption file maintained by the department of	196
health under section 3705.12 of the Revised Code;	197

(e) Information in a record contained in the putative father	198
registry established by section 3107.062 of the Revised Code,	199
regardless of whether the information is held by the department of	200
job and family services or, pursuant to section 3111.69 of the	201
Revised Code, the office of child support in the department or a	202
child support enforcement agency;	203

(f) Records listed in division (A) of section 3107.42 of the	204
Revised Code or specified in division (A) of section 3107.52 of	205
the Revised Code;	206

(g) Trial preparation records;

207

(h) Confidential law enforcement investigatory records;

208

(i) Records containing information that is confidential under	209
section 2710.03 or 4112.05 of the Revised Code;	210

(j) DNA records stored in the DNA database pursuant to	211
section 109.573 of the Revised Code;	212

(k) Inmate records released by the department of	213
rehabilitation and correction to the department of youth services	214
or a court of record pursuant to division (E) of section 5120.21	215
of the Revised Code;	216

(l) Records maintained by the department of youth services	217
pertaining to children in its custody released by the department	218
of youth services to the department of rehabilitation and	219
correction pursuant to section 5139.05 of the Revised Code;	220

(m) Intellectual property records;

221

(n) Donor profile records;

222

(o) Records maintained by the department of job and family	223
services pursuant to section 3121.894 of the Revised Code;	224

(p) Peace officer, parole officer, probation officer,	225
bailiff, prosecuting attorney, assistant prosecuting attorney,	226
correctional employee, community-based correctional facility	227
employee, youth services employee, firefighter, EMT, or	228
investigator of the bureau of criminal identification and	229
investigation residential and familial information;	230

(q) In the case of a county hospital operated pursuant to	231
Chapter 339. of the Revised Code or a municipal hospital operated	232
pursuant to Chapter 749. of the Revised Code, information that	233
constitutes a trade secret, as defined in section 1333.61 of the	234
Revised Code;	235

(r) Information pertaining to the recreational activities of	236
a person under the age of eighteen;	237

(s) Records provided to, statements made by review board	238
members during meetings of, and all work products of a child	239
fatality review board acting under sections 307.621 to 307.629 of	240
the Revised Code, and child fatality review data submitted by the	241
child fatality review board to the department of health or a	242
national child death review database, other than the report	243
prepared pursuant to division (A) of section 307.626 of the	244
Revised Code;	245

(t) Records provided to and statements made by the executive	246
director of a public children services agency or a prosecuting	247
attorney acting pursuant to section 5153.171 of the Revised Code	248
other than the information released under that section;	249

(u) Test materials, examinations, or evaluation tools used in	250
an examination for licensure as a nursing home administrator that	251
the board of executives of long-term services and supports	252
administers under section 4751.04 of the Revised Code or contracts	253
under that section with a private or government entity to	254
administer;	255

(v) Records the release of which is prohibited by state or	256
federal law;	257

(w) Proprietary information of or relating to any person that	258
is submitted to or compiled by the Ohio venture capital authority	259
created under section 150.01 of the Revised Code;	260

(x) Financial statements and data any person submits for any	261
purpose to the Ohio housing finance agency or the controlling	262
board in connection with applying for, receiving, or accounting	263
for financial assistance from the agency, and information that	264
identifies any individual who benefits directly or indirectly from	265
financial assistance from the agency;	266

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

267

(z) Discharges recorded with a county recorder under section	268
317.24 of the Revised Code, as specified in division (B)(2) of	269
that section;	270

(aa) Usage information including names and addresses of	271
specific residential and commercial customers of a municipally	272
owned or operated public utility;	273

(bb) Records described in division (C) of section 187.04 of	274
the Revised Code that are not designated to be made available to	275
the public as provided in that division;	276

(cc) Information and records that are made confidential,	277
privileged, and not subject to disclosure under divisions (B) and	278
(C) of section 2949.221 of the Revised Code.	279

(2) "Confidential law enforcement investigatory record" means	280
any record that pertains to a law enforcement matter of a	281
criminal, quasi-criminal, civil, or administrative nature, but	282
only to the extent that the release of the record would create a	283
high probability of disclosure of any of the following:	284

(a) The identity of a suspect who has not been charged with	285
the offense to which the record pertains, or of an information	286
source or witness to whom confidentiality has been reasonably	287
promised;	288

(b) Information provided by an information source or witness	289
to whom confidentiality has been reasonably promised, which	290
information would reasonably tend to disclose the source's or	291
witness's identity;	292

(c) Specific confidential investigatory techniques or	293
procedures or specific investigatory work product;	294

(d) Information that would endanger the life or physical	295
safety of law enforcement personnel, a crime victim, a witness, or	296
a confidential information source.	297

(3) "Medical record" means any document or combination of	298
documents, except births, deaths, and the fact of admission to or	299
discharge from a hospital, that pertains to the medical history,	300
diagnosis, prognosis, or medical condition of a patient and that	301
is generated and maintained in the process of medical treatment.	302

(4) "Trial preparation record" means any record that contains	303
information that is specifically compiled in reasonable	304
anticipation of, or in defense of, a civil or criminal action or	305
proceeding, including the independent thought processes and	306
personal trial preparation of an attorney.	307

(5) "Intellectual property record" means a record, other than	308
a financial or administrative record, that is produced or	309
collected by or for faculty or staff of a state institution of	310
higher learning in the conduct of or as a result of study or	311
research on an educational, commercial, scientific, artistic,	312
technical, or scholarly issue, regardless of whether the study or	313
research was sponsored by the institution alone or in conjunction	314
with a governmental body or private concern, and that has not been	315
publicly released, published, or patented.	316

(6) "Donor profile record" means all records about donors or	317
potential donors to a public institution of higher education	318
except the names and reported addresses of the actual donors and	319
the date, amount, and conditions of the actual donation.	320

(7) "Peace officer, parole officer, probation officer,	321
bailiff, prosecuting attorney, assistant prosecuting attorney,	322
correctional employee, community-based correctional facility	323
employee, youth services employee, firefighter, EMT, or	324
investigator of the bureau of criminal identification and	325
investigation residential and familial information" means any	326
information that discloses any of the following about a peace	327
officer, parole officer, probation officer, bailiff, prosecuting	328
attorney, assistant prosecuting attorney, correctional employee,	329
community-based correctional facility employee, youth services	330
employee, firefighter, EMT, or investigator of the bureau of	331
criminal identification and investigation:	332

(a) The address of the actual personal residence of a peace	333
officer, parole officer, probation officer, bailiff, assistant	334
prosecuting attorney, correctional employee, community-based	335
correctional facility employee, youth services employee,	336
firefighter, EMT, or an investigator of the bureau of criminal	337
identification and investigation, except for the state or	338
political subdivision in which the peace officer, parole officer,	339
probation officer, bailiff, assistant prosecuting attorney,	340
correctional employee, community-based correctional facility	341
employee, youth services employee, firefighter, EMT, or	342
investigator of the bureau of criminal identification and	343
investigation resides;	344

(b) Information compiled from referral to or participation in	345
an employee assistance program;	346

(c) The social security number, the residential telephone	347
number, any bank account, debit card, charge card, or credit card	348
number, or the emergency telephone number of, or any medical	349
information pertaining to, a peace officer, parole officer,	350
probation officer, bailiff, prosecuting attorney, assistant	351
prosecuting attorney, correctional employee, community-based	352
correctional facility employee, youth services employee,	353
firefighter, EMT, or investigator of the bureau of criminal	354
identification and investigation;	355

(d) The name of any beneficiary of employment benefits,	356
including, but not limited to, life insurance benefits, provided	357
to a peace officer, parole officer, probation officer, bailiff,	358
prosecuting attorney, assistant prosecuting attorney, correctional	359
employee, community-based correctional facility employee, youth	360
services employee, firefighter, EMT, or investigator of the bureau	361
of criminal identification and investigation by the peace	362
officer's, parole officer's, probation officer's, bailiff's,	363
prosecuting attorney's, assistant prosecuting attorney's,	364
correctional employee's, community-based correctional facility	365
employee's, youth services employee's, firefighter's, EMT's, or	366
investigator of the bureau of criminal identification and	367
investigation's employer;	368

(e) The identity and amount of any charitable or employment	369
benefit deduction made by the peace officer's, parole officer's,	370
probation officer's, bailiff's, prosecuting attorney's, assistant	371
prosecuting attorney's, correctional employee's, community-based	372
correctional facility employee's, youth services employee's,	373
firefighter's, EMT's, or investigator of the bureau of criminal	374
identification and investigation's employer from the peace	375
officer's, parole officer's, probation officer's, bailiff's,	376
prosecuting attorney's, assistant prosecuting attorney's,	377
correctional employee's, community-based correctional facility	378
employee's, youth services employee's, firefighter's, EMT's, or	379
investigator of the bureau of criminal identification and	380
investigation's compensation unless the amount of the deduction is	381
required by state or federal law;	382

(f) The name, the residential address, the name of the	383
employer, the address of the employer, the social security number,	384
the residential telephone number, any bank account, debit card,	385
charge card, or credit card number, or the emergency telephone	386
number of the spouse, a former spouse, or any child of a peace	387
officer, parole officer, probation officer, bailiff, prosecuting	388
attorney, assistant prosecuting attorney, correctional employee,	389
community-based correctional facility employee, youth services	390
employee, firefighter, EMT, or investigator of the bureau of	391
criminal identification and investigation;	392

(g) A photograph of a peace officer who holds a position or	393
has an assignment that may include undercover or plain clothes	394
positions or assignments as determined by the peace officer's	395
appointing authority.	396

As used in divisions (A)(7) and (B)(9) of this section,	397
"peace officer" has the same meaning as in section 109.71 of the	398
Revised Code and also includes the superintendent and troopers of	399
the state highway patrol; it does not include the sheriff of a	400
county or a supervisory employee who, in the absence of the	401
sheriff, is authorized to stand in for, exercise the authority of,	402
and perform the duties of the sheriff.	403

As used in divisions (A)(7) and (B)(5)(9) of this section,	404
"correctional employee" means any employee of the department of	405
rehabilitation and correction who in the course of performing the	406
employee's job duties has or has had contact with inmates and	407
persons under supervision.	408

As used in divisions (A)(7) and (B)(5)(9) of this section,	409
"youth services employee" means any employee of the department of	410
youth services who in the course of performing the employee's job	411
duties has or has had contact with children committed to the	412
custody of the department of youth services.	413

As used in divisions (A)(7) and (B)(9) of this section,	414
"firefighter" means any regular, paid or volunteer, member of a	415
lawfully constituted fire department of a municipal corporation,	416
township, fire district, or village.	417

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	418
means EMTs-basic, EMTs-I, and paramedics that provide emergency	419
medical services for a public emergency medical service	420
organization. "Emergency medical service organization,"	421
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	422
section 4765.01 of the Revised Code.	423

As used in divisions (A)(7) and (B)(9) of this section,	424
"investigator of the bureau of criminal identification and	425
investigation" has the meaning defined in section 2903.11 of the	426
Revised Code.	427

(8) "Information pertaining to the recreational activities of	428
a person under the age of eighteen" means information that is kept	429
in the ordinary course of business by a public office, that	430
pertains to the recreational activities of a person under the age	431
of eighteen years, and that discloses any of the following:	432

(a) The address or telephone number of a person under the age	433
of eighteen or the address or telephone number of that person's	434
parent, guardian, custodian, or emergency contact person;	435

(b) The social security number, birth date, or photographic	436
image of a person under the age of eighteen;	437

(c) Any medical record, history, or information pertaining to	438
a person under the age of eighteen;	439

(d) Any additional information sought or required about a	440
person under the age of eighteen for the purpose of allowing that	441
person to participate in any recreational activity conducted or	442
sponsored by a public office or to use or obtain admission	443
privileges to any recreational facility owned or operated by a	444
public office.	445

(9) "Community control sanction" has the same meaning as in	446
section 2929.01 of the Revised Code.	447

(10) "Post-release control sanction" has the same meaning as	448
in section 2967.01 of the Revised Code.	449

(11) "Redaction" means obscuring or deleting any information	450
that is exempt from the duty to permit public inspection or	451
copying from an item that otherwise meets the definition of a	452
"record" in section 149.011 of the Revised Code.	453

(12) "Designee" and "elected official" have the same meanings	454
as in section 109.43 of the Revised Code.	455

(B)(1) Upon request and subject to division (B)(8) of this	456
section, all public records responsive to the request shall be	457
promptly prepared and made available for inspection to any person	458
at all reasonable times during regular business hours. Subject to	459
division (B)(8) of this section, upon request, a public office or	460
person responsible for public records shall make copies of the	461
requested public record available at cost and within a reasonable	462
period of time. If a public record contains information that is	463
exempt from the duty to permit public inspection or to copy the	464
public record, the public office or the person responsible for the	465
public record shall make available all of the information within	466
the public record that is not exempt. When making that public	467
record available for public inspection or copying that public	468
record, the public office or the person responsible for the public	469
record shall notify the requester of any redaction or make the	470
redaction plainly visible. A redaction shall be deemed a denial of	471
a request to inspect or copy the redacted information, except if	472
federal or state law authorizes or requires a public office to	473
make the redaction.	474

(2) To facilitate broader access to public records, a public	475
office or the person responsible for public records shall organize	476
and maintain public records in a manner that they can be made	477
available for inspection or copying in accordance with division	478
(B) of this section. A public office also shall have available a	479
copy of its current records retention schedule at a location	480
readily available to the public. If a requester makes an ambiguous	481
or overly broad request or has difficulty in making a request for	482
copies or inspection of public records under this section such	483
that the public office or the person responsible for the requested	484
public record cannot reasonably identify what public records are	485
being requested, the public office or the person responsible for	486
the requested public record may deny the request but shall provide	487
the requester with an opportunity to revise the request by	488
informing the requester of the manner in which records are	489
maintained by the public office and accessed in the ordinary	490
course of the public office's or person's duties.	491

(3) If a request is ultimately denied, in part or in whole,	492
the public office or the person responsible for the requested	493
public record shall provide the requester with an explanation,	494
including legal authority, setting forth why the request was	495
denied. If the initial request was provided in writing, the	496
explanation also shall be provided to the requester in writing.	497
The explanation shall not preclude the public office or the person	498
responsible for the requested public record from relying upon	499
additional reasons or legal authority in defending an action	500
commenced under division (C) of this section.	501

(4) Unless specifically required or authorized by state or	502
federal law or in accordance with division (B) of this section, no	503
public office or person responsible for public records may limit	504
or condition the availability of public records by requiring	505
disclosure of the requester's identity or the intended use of the	506
requested public record. Any requirement that the requester	507
disclose the requestor's identity or the intended use of the	508
requested public record constitutes a denial of the request.	509

(5) A public office or person responsible for public records	510
may ask a requester to make the request in writing, may ask for	511
the requester's identity, and may inquire about the intended use	512
of the information requested, but may do so only after disclosing	513
to the requester that a written request is not mandatory and that	514
the requester may decline to reveal the requester's identity or	515
the intended use and when a written request or disclosure of the	516
identity or intended use would benefit the requester by enhancing	517
the ability of the public office or person responsible for public	518
records to identify, locate, or deliver the public records sought	519
by the requester.	520

(6) If any person chooses to obtain a copy of a public record	521
in accordance with division (B) of this section, the public office	522
or person responsible for the public record may require that	523
person to pay in advance the cost involved in providing the copy	524
of the public record in accordance with the choice made by the	525
person seeking the copy under this division. The public office or	526
the person responsible for the public record shall permit that	527
person to choose to have the public record duplicated upon paper,	528
upon the same medium upon which the public office or person	529
responsible for the public record keeps it, or upon any other	530
medium upon which the public office or person responsible for the	531
public record determines that it reasonably can be duplicated as	532
an integral part of the normal operations of the public office or	533
person responsible for the public record. When the person seeking	534
the copy makes a choice under this division, the public office or	535
person responsible for the public record shall provide a copy of	536
it in accordance with the choice made by the person seeking the	537
copy. Nothing in this section requires a public office or person	538
responsible for the public record to allow the person seeking a	539
copy of the public record to make the copies of the public record.	540

(7) Upon a request made in accordance with division (B) of	541
this section and subject to division (B)(6) of this section, a	542
public office or person responsible for public records shall	543
transmit a copy of a public record to any person by United States	544
mail or by any other means of delivery or transmission within a	545
reasonable period of time after receiving the request for the	546
copy. The public office or person responsible for the public	547
record may require the person making the request to pay in advance	548
the cost of postage if the copy is transmitted by United States	549
mail or the cost of delivery if the copy is transmitted other than	550
by United States mail, and to pay in advance the costs incurred	551
for other supplies used in the mailing, delivery, or transmission.	552

Any public office may adopt a policy and procedures that it	553
will follow in transmitting, within a reasonable period of time	554
after receiving a request, copies of public records by United	555
States mail or by any other means of delivery or transmission	556
pursuant to this division. A public office that adopts a policy	557
and procedures under this division shall comply with them in	558
performing its duties under this division.	559

In any policy and procedures adopted under this division, a	560
public office may limit the number of records requested by a	561
person that the office will transmit by United States mail to ten	562
per month, unless the person certifies to the office in writing	563
that the person does not intend to use or forward the requested	564
records, or the information contained in them, for commercial	565
purposes. For purposes of this division, "commercial" shall be	566
narrowly construed and does not include reporting or gathering	567
news, reporting or gathering information to assist citizen	568
oversight or understanding of the operation or activities of	569
government, or nonprofit educational research.	570

(8) A public office or person responsible for public records	571
is not required to permit a person who is incarcerated pursuant to	572
a criminal conviction or a juvenile adjudication to inspect or to	573
obtain a copy of any public record concerning a criminal	574
investigation or prosecution or concerning what would be a	575
criminal investigation or prosecution if the subject of the	576
investigation or prosecution were an adult, unless the request to	577
inspect or to obtain a copy of the record is for the purpose of	578
acquiring information that is subject to release as a public	579
record under this section and the judge who imposed the sentence	580
or made the adjudication with respect to the person, or the	581
judge's successor in office, finds that the information sought in	582
the public record is necessary to support what appears to be a	583
justiciable claim of the person.	584

(9)(a) Upon written request made and signed by a journalist	585
on or after December 16, 1999, a public office, or person	586
responsible for public records, having custody of the records of	587
the agency employing a specified peace officer, parole officer,	588
probation officer, bailiff, prosecuting attorney, assistant	589
prosecuting attorney, correctional employee, community-based	590
correctional facility employee, youth services employee,	591
firefighter, EMT, or investigator of the bureau of criminal	592
identification and investigation shall disclose to the journalist	593
the address of the actual personal residence of the peace officer,	594
parole officer, probation officer, bailiff, prosecuting attorney,	595
assistant prosecuting attorney, correctional employee,	596
community-based correctional facility employee, youth services	597
employee, firefighter, EMT, or investigator of the bureau of	598
criminal identification and investigation and, if the peace	599
officer's, parole officer's, probation officer's, bailiff's,	600
prosecuting attorney's, assistant prosecuting attorney's,	601
correctional employee's, community-based correctional facility	602
employee's, youth services employee's, firefighter's, EMT's, or	603
investigator of the bureau of criminal identification and	604
investigation's spouse, former spouse, or child is employed by a	605
public office, the name and address of the employer of the peace	606
officer's, parole officer's, probation officer's, bailiff's,	607
prosecuting attorney's, assistant prosecuting attorney's,	608
correctional employee's, community-based correctional facility	609
employee's, youth services employee's, firefighter's, EMT's, or	610
investigator of the bureau of criminal identification and	611
investigation's spouse, former spouse, or child. The request shall	612
include the journalist's name and title and the name and address	613
of the journalist's employer and shall state that disclosure of	614
the information sought would be in the public interest.	615

(b) Division (B)(9)(a) of this section also applies to	616
journalist requests for customer information maintained by a	617
municipally owned or operated public utility, other than social	618
security numbers and any private financial information such as	619
credit reports, payment methods, credit card numbers, and bank	620
account information.	621

(c) As used in division (B)(9) of this section, "journalist"	622
means a person engaged in, connected with, or employed by any news	623
medium, including a newspaper, magazine, press association, news	624
agency, or wire service, a radio or television station, or a	625
similar medium, for the purpose of gathering, processing,	626
transmitting, compiling, editing, or disseminating information for	627
the general public.	628

(C)(1) If a person allegedly is aggrieved by the failure of a	629
public office or the person responsible for public records to	630
promptly prepare a public record and to make it available to the	631
person for inspection in accordance with division (B) of this	632
section or by any other failure of a public office or the person	633
responsible for public records to comply with an obligation in	634
accordance with division (B) of this section, the person allegedly	635
aggrieved may commence a mandamus action to obtain a judgment that	636
orders the public office or the person responsible for the public	637
record to comply with division (B) of this section, that awards	638
court costs and reasonable attorney's fees to the person that	639
instituted the mandamus action, and, if applicable, that includes	640
an order fixing statutory damages under division (C)(1) of this	641
section. The mandamus action may be commenced in the court of	642
common pleas of the county in which division (B) of this section	643
allegedly was not complied with, in the supreme court pursuant to	644
its original jurisdiction under Section 2 of Article IV, Ohio	645
Constitution, or in the court of appeals for the appellate	646
district in which division (B) of this section allegedly was not	647
complied with pursuant to its original jurisdiction under Section	648
3 of Article IV, Ohio Constitution.	649

If a requestor transmits a written request by hand delivery	650
or certified mail to inspect or receive copies of any public	651
record in a manner that fairly describes the public record or	652
class of public records to the public office or person responsible	653
for the requested public records, except as otherwise provided in	654
this section, the requestor shall be entitled to recover the	655
amount of statutory damages set forth in this division if a court	656
determines that the public office or the person responsible for	657
public records failed to comply with an obligation in accordance	658
with division (B) of this section.	659

The amount of statutory damages shall be fixed at one hundred	660
dollars for each business day during which the public office or	661
person responsible for the requested public records failed to	662
comply with an obligation in accordance with division (B) of this	663
section, beginning with the day on which the requester files a	664
mandamus action to recover statutory damages, up to a maximum of	665
one thousand dollars. The award of statutory damages shall not be	666
construed as a penalty, but as compensation for injury arising	667
from lost use of the requested information. The existence of this	668
injury shall be conclusively presumed. The award of statutory	669
damages shall be in addition to all other remedies authorized by	670
this section.	671

The court may reduce an award of statutory damages or not	672
award statutory damages if the court determines both of the	673
following:	674

(a) That, based on the ordinary application of statutory law	675
and case law as it existed at the time of the conduct or	676
threatened conduct of the public office or person responsible for	677
the requested public records that allegedly constitutes a failure	678
to comply with an obligation in accordance with division (B) of	679
this section and that was the basis of the mandamus action, a	680
well-informed public office or person responsible for the	681
requested public records reasonably would believe that the conduct	682
or threatened conduct of the public office or person responsible	683
for the requested public records did not constitute a failure to	684
comply with an obligation in accordance with division (B) of this	685
section;	686

(b) That a well-informed public office or person responsible	687
for the requested public records reasonably would believe that the	688
conduct or threatened conduct of the public office or person	689
responsible for the requested public records would serve the	690
public policy that underlies the authority that is asserted as	691
permitting that conduct or threatened conduct.	692

(2)(a) If the court issues a writ of mandamus that orders the	693
public office or the person responsible for the public record to	694
comply with division (B) of this section and determines that the	695
circumstances described in division (C)(1) of this section exist,	696
the court shall determine and award to the relator all court	697
costs.	698

(b) If the court renders a judgment that orders the public	699
office or the person responsible for the public record to comply	700
with division (B) of this section, the court may award reasonable	701
attorney's fees subject to reduction as described in division	702
(C)(2)(c) of this section. The court shall award reasonable	703
attorney's fees, subject to reduction as described in division	704
(C)(2)(c) of this section when either of the following applies:	705

(i) The public office or the person responsible for the	706
public records failed to respond affirmatively or negatively to	707
the public records request in accordance with the time allowed	708
under division (B) of this section.	709

(ii) The public office or the person responsible for the	710
public records promised to permit the relator to inspect or	711
receive copies of the public records requested within a specified	712
period of time but failed to fulfill that promise within that	713
specified period of time.	714

(c) Court costs and reasonable attorney's fees awarded under	715
this section shall be construed as remedial and not punitive.	716
Reasonable attorney's fees shall include reasonable fees incurred	717
to produce proof of the reasonableness and amount of the fees and	718
to otherwise litigate entitlement to the fees. The court may	719
reduce an award of attorney's fees to the relator or not award	720
attorney's fees to the relator if the court determines both of the	721
following:	722

(i) That, based on the ordinary application of statutory law	723
and case law as it existed at the time of the conduct or	724
threatened conduct of the public office or person responsible for	725
the requested public records that allegedly constitutes a failure	726
to comply with an obligation in accordance with division (B) of	727
this section and that was the basis of the mandamus action, a	728
well-informed public office or person responsible for the	729
requested public records reasonably would believe that the conduct	730
or threatened conduct of the public office or person responsible	731
for the requested public records did not constitute a failure to	732
comply with an obligation in accordance with division (B) of this	733
section;	734

(ii) That a well-informed public office or person responsible	735
for the requested public records reasonably would believe that the	736
conduct or threatened conduct of the public office or person	737
responsible for the requested public records as described in	738
division (C)(2)(c)(i) of this section would serve the public	739
policy that underlies the authority that is asserted as permitting	740
that conduct or threatened conduct.	741

(D) Chapter 1347. of the Revised Code does not limit the	742
provisions of this section.	743

(E)(1) To ensure that all employees of public offices are	744
appropriately educated about a public office's obligations under	745
division (B) of this section, all elected officials or their	746
appropriate designees shall attend training approved by the	747
attorney general as provided in section 109.43 of the Revised	748
Code. In addition, all public offices shall adopt a public records	749
policy in compliance with this section for responding to public	750
records requests. In adopting a public records policy under this	751
division, a public office may obtain guidance from the model	752
public records policy developed and provided to the public office	753
by the attorney general under section 109.43 of the Revised Code.	754
Except as otherwise provided in this section, the policy may not	755
limit the number of public records that the public office will	756
make available to a single person, may not limit the number of	757
public records that it will make available during a fixed period	758
of time, and may not establish a fixed period of time before it	759
will respond to a request for inspection or copying of public	760
records, unless that period is less than eight hours.	761

(2) The public office shall distribute the public records	762
policy adopted by the public office under division (E)(1) of this	763
section to the employee of the public office who is the records	764
custodian or records manager or otherwise has custody of the	765
records of that office. The public office shall require that	766
employee to acknowledge receipt of the copy of the public records	767
policy. The public office shall create a poster that describes its	768
public records policy and shall post the poster in a conspicuous	769
place in the public office and in all locations where the public	770
office has branch offices. The public office may post its public	771
records policy on the internet web site of the public office if	772
the public office maintains an internet web site. A public office	773
that has established a manual or handbook of its general policies	774
and procedures for all employees of the public office shall	775
include the public records policy of the public office in the	776
manual or handbook.	777

(F)(1) The bureau of motor vehicles may adopt rules pursuant	778
to Chapter 119. of the Revised Code to reasonably limit the number	779
of bulk commercial special extraction requests made by a person	780
for the same records or for updated records during a calendar	781
year. The rules may include provisions for charges to be made for	782
bulk commercial special extraction requests for the actual cost of	783
the bureau, plus special extraction costs, plus ten per cent. The	784
bureau may charge for expenses for redacting information, the	785
release of which is prohibited by law.	786

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

787

(a) "Actual cost" means the cost of depleted supplies,	788
records storage media costs, actual mailing and alternative	789
delivery costs, or other transmitting costs, and any direct	790
equipment operating and maintenance costs, including actual costs	791
paid to private contractors for copying services.	792

(b) "Bulk commercial special extraction request" means a	793
request for copies of a record for information in a format other	794
than the format already available, or information that cannot be	795
extracted without examination of all items in a records series,	796
class of records, or database by a person who intends to use or	797
forward the copies for surveys, marketing, solicitation, or resale	798
for commercial purposes. "Bulk commercial special extraction	799
request" does not include a request by a person who gives	800
assurance to the bureau that the person making the request does	801
not intend to use or forward the requested copies for surveys,	802
marketing, solicitation, or resale for commercial purposes.	803

(c) "Commercial" means profit-seeking production, buying, or	804
selling of any good, service, or other product.	805

(d) "Special extraction costs" means the cost of the time	806
spent by the lowest paid employee competent to perform the task,	807
the actual amount paid to outside private contractors employed by	808
the bureau, or the actual cost incurred to create computer	809
programs to make the special extraction. "Special extraction	810
costs" include any charges paid to a public agency for computer or	811
records services.	812

(3) For purposes of divisions (F)(1) and (2) of this section,	813
"surveys, marketing, solicitation, or resale for commercial	814
purposes" shall be narrowly construed and does not include	815
reporting or gathering news, reporting or gathering information to	816
assist citizen oversight or understanding of the operation or	817
activities of government, or nonprofit educational research.	818

Sec. 2317.02.  The following persons shall not testify in	819
certain respects:	820

(A)(1) An attorney, concerning a communication made to the	821
attorney by a client in that relation or concerning the attorney's	822
advice to a client, except that the attorney may testify by	823
express consent of the client or, if the client is deceased, by	824
the express consent of the surviving spouse or the executor or	825
administrator of the estate of the deceased client. However, if	826
the client voluntarily reveals the substance of attorney-client	827
communications in a nonprivileged context or is deemed by section	828
2151.421 of the Revised Code to have waived any testimonial	829
privilege under this division, the attorney may be compelled to	830
testify on the same subject.	831

The testimonial privilege established under this division	832
does not apply concerning aeither of the following:	833

(a) A communication between a client in a capital case, as	834
defined in section 2901.02 of the Revised Code, and the client's	835
attorney if the communication is relevant to a subsequent	836
ineffective assistance of counsel claim by the client alleging	837
that the attorney did not effectively represent the client in the	838
case;	839

(b) A communication between a client who has since died and	840
the deceased client's attorney if the communication is relevant to	841
a dispute between parties who claim through that deceased client,	842
regardless of whether the claims are by testate or intestate	843
succession or by inter vivos transaction, and the dispute	844
addresses the competency of the deceased client when the deceased	845
client executed a document that is the basis of the dispute or	846
whether the deceased client was a victim of fraud, undue	847
influence, or duress when the deceased client executed a document	848
that is the basis of the dispute.	849

(2) An attorney, concerning a communication made to the	850
attorney by a client in that relationship or the attorney's advice	851
to a client, except that if the client is an insurance company,	852
the attorney may be compelled to testify, subject to an in camera	853
inspection by a court, about communications made by the client to	854
the attorney or by the attorney to the client that are related to	855
the attorney's aiding or furthering an ongoing or future	856
commission of bad faith by the client, if the party seeking	857
disclosure of the communications has made a prima-facie showing of	858
bad faith, fraud, or criminal misconduct by the client.	859

(B)(1) A physician or a dentist concerning a communication	860
made to the physician or dentist by a patient in that relation or	861
the physician's or dentist's advice to a patient, except as	862
otherwise provided in this division, division (B)(2), and division	863
(B)(3) of this section, and except that, if the patient is deemed	864
by section 2151.421 of the Revised Code to have waived any	865
testimonial privilege under this division, the physician may be	866
compelled to testify on the same subject.	867

The testimonial privilege established under this division	868
does not apply, and a physician or dentist may testify or may be	869
compelled to testify, in any of the following circumstances:	870

(a) In any civil action, in accordance with the discovery	871
provisions of the Rules of Civil Procedure in connection with a	872
civil action, or in connection with a claim under Chapter 4123. of	873
the Revised Code, under any of the following circumstances:	874

(i) If the patient or the guardian or other legal	875
representative of the patient gives express consent;	876

(ii) If the patient is deceased, the spouse of the patient or	877
the executor or administrator of the patient's estate gives	878
express consent;	879

(iii) If a medical claim, dental claim, chiropractic claim,	880
or optometric claim, as defined in section 2305.113 of the Revised	881
Code, an action for wrongful death, any other type of civil	882
action, or a claim under Chapter 4123. of the Revised Code is	883
filed by the patient, the personal representative of the estate of	884
the patient if deceased, or the patient's guardian or other legal	885
representative.	886

(b) In any civil action concerning court-ordered treatment or	887
services received by a patient, if the court-ordered treatment or	888
services were ordered as part of a case plan journalized under	889
section 2151.412 of the Revised Code or the court-ordered	890
treatment or services are necessary or relevant to dependency,	891
neglect, or abuse or temporary or permanent custody proceedings	892
under Chapter 2151. of the Revised Code.	893

(c) In any criminal action concerning any test or the results	894
of any test that determines the presence or concentration of	895
alcohol, a drug of abuse, a combination of them, a controlled	896
substance, or a metabolite of a controlled substance in the	897
patient's whole blood, blood serum or plasma, breath, urine, or	898
other bodily substance at any time relevant to the criminal	899
offense in question.	900

(d) In any criminal action against a physician or dentist. In	901
such an action, the testimonial privilege established under this	902
division does not prohibit the admission into evidence, in	903
accordance with the Rules of Evidence, of a patient's medical or	904
dental records or other communications between a patient and the	905
physician or dentist that are related to the action and obtained	906
by subpoena, search warrant, or other lawful means. A court that	907
permits or compels a physician or dentist to testify in such an	908
action or permits the introduction into evidence of patient	909
records or other communications in such an action shall require	910
that appropriate measures be taken to ensure that the	911
confidentiality of any patient named or otherwise identified in	912
the records is maintained. Measures to ensure confidentiality that	913
may be taken by the court include sealing its records or deleting	914
specific information from its records.	915

(e)(i) If the communication was between a patient who has	916
since died and the deceased patient's physician or dentist, the	917
communication is relevant to a dispute between parties who claim	918
through that deceased patient, regardless of whether the claims	919
are by testate or intestate succession or by inter vivos	920
transaction, and the dispute addresses the competency of the	921
deceased patient when the deceased patient executed a document	922
that is the basis of the dispute or whether the deceased patient	923
was a victim of fraud, undue influence, or duress when the	924
deceased patient executed a document that is the basis of the	925
dispute.	926

(ii) If neither the spouse of a patient nor the executor or	927
administrator of that patient's estate gives consent under	928
division (B)(1)(a)(ii) of this section, testimony or the	929
disclosure of the patient's medical records by a physician,	930
dentist, or other health care provider under division (B)(1)(e)(i)	931
of this section is a permitted use or disclosure of protected	932
health information, as defined in 45 C.F.R. 160.103, and an	933
authorization or opportunity to be heard shall not be required.	934

(iii) Division (B)(1)(e)(i) of this section does not require	935
a mental health professional to disclose psychotherapy notes, as	936
defined in 45 C.F.R. 164.501.	937

(iv) An interested person who objects to testimony or	938
disclosure under division (B)(1)(e)(i) of this section may seek a	939
protective order pursuant to Civil Rule 26.	940

(v) A person to whom protected health information is	941
disclosed under division (B)(1)(e)(i) of this section shall not	942
use or disclose the protected health information for any purpose	943
other than the litigation or proceeding for which the information	944
was requested and shall return the protected health information to	945
the covered entity or destroy the protected health information,	946
including all copies made, at the conclusion of the litigation or	947
proceeding.	948

(2)(a) If any law enforcement officer submits a written	949
statement to a health care provider that states that an official	950
criminal investigation has begun regarding a specified person or	951
that a criminal action or proceeding has been commenced against a	952
specified person, that requests the provider to supply to the	953
officer copies of any records the provider possesses that pertain	954
to any test or the results of any test administered to the	955
specified person to determine the presence or concentration of	956
alcohol, a drug of abuse, a combination of them, a controlled	957
substance, or a metabolite of a controlled substance in the	958
person's whole blood, blood serum or plasma, breath, or urine at	959
any time relevant to the criminal offense in question, and that	960
conforms to section 2317.022 of the Revised Code, the provider,	961
except to the extent specifically prohibited by any law of this	962
state or of the United States, shall supply to the officer a copy	963
of any of the requested records the provider possesses. If the	964
health care provider does not possess any of the requested	965
records, the provider shall give the officer a written statement	966
that indicates that the provider does not possess any of the	967
requested records.	968

(b) If a health care provider possesses any records of the	969
type described in division (B)(2)(a) of this section regarding the	970
person in question at any time relevant to the criminal offense in	971
question, in lieu of personally testifying as to the results of	972
the test in question, the custodian of the records may submit a	973
certified copy of the records, and, upon its submission, the	974
certified copy is qualified as authentic evidence and may be	975
admitted as evidence in accordance with the Rules of Evidence.	976
Division (A) of section 2317.422 of the Revised Code does not	977
apply to any certified copy of records submitted in accordance	978
with this division. Nothing in this division shall be construed to	979
limit the right of any party to call as a witness the person who	980
administered the test to which the records pertain, the person	981
under whose supervision the test was administered, the custodian	982
of the records, the person who made the records, or the person	983
under whose supervision the records were made.	984

(3)(a) If the testimonial privilege described in division	985
(B)(1) of this section does not apply as provided in division	986
(B)(1)(a)(iii) of this section, a physician or dentist may be	987
compelled to testify or to submit to discovery under the Rules of	988
Civil Procedure only as to a communication made to the physician	989
or dentist by the patient in question in that relation, or the	990
physician's or dentist's advice to the patient in question, that	991
related causally or historically to physical or mental injuries	992
that are relevant to issues in the medical claim, dental claim,	993
chiropractic claim, or optometric claim, action for wrongful	994
death, other civil action, or claim under Chapter 4123. of the	995
Revised Code.	996

(b) If the testimonial privilege described in division (B)(1)	997
of this section does not apply to a physician or dentist as	998
provided in division (B)(1)(c) of this section, the physician or	999
dentist, in lieu of personally testifying as to the results of the	1000
test in question, may submit a certified copy of those results,	1001
and, upon its submission, the certified copy is qualified as	1002
authentic evidence and may be admitted as evidence in accordance	1003
with the Rules of Evidence. Division (A) of section 2317.422 of	1004
the Revised Code does not apply to any certified copy of results	1005
submitted in accordance with this division. Nothing in this	1006
division shall be construed to limit the right of any party to	1007
call as a witness the person who administered the test in	1008
question, the person under whose supervision the test was	1009
administered, the custodian of the results of the test, the person	1010
who compiled the results, or the person under whose supervision	1011
the results were compiled.	1012

(4) The testimonial privilege described in division (B)(1) of	1013
this section is not waived when a communication is made by a	1014
physician to a pharmacist or when there is communication between a	1015
patient and a pharmacist in furtherance of the physician-patient	1016
relation.	1017

(5)(a) As used in divisions (B)(1) to (4) of this section,	1018
"communication" means acquiring, recording, or transmitting any	1019
information, in any manner, concerning any facts, opinions, or	1020
statements necessary to enable a physician or dentist to diagnose,	1021
treat, prescribe, or act for a patient. A "communication" may	1022
include, but is not limited to, any medical or dental, office, or	1023
hospital communication such as a record, chart, letter,	1024
memorandum, laboratory test and results, x-ray, photograph,	1025
financial statement, diagnosis, or prognosis.	1026

(b) As used in division (B)(2) of this section, "health care	1027
provider" means a hospital, ambulatory care facility, long-term	1028
care facility, pharmacy, emergency facility, or health care	1029
practitioner.	1030

(c) As used in division (B)(5)(b) of this section:

1031

(i) "Ambulatory care facility" means a facility that provides	1032
medical, diagnostic, or surgical treatment to patients who do not	1033
require hospitalization, including a dialysis center, ambulatory	1034
surgical facility, cardiac catheterization facility, diagnostic	1035
imaging center, extracorporeal shock wave lithotripsy center, home	1036
health agency, inpatient hospice, birthing center, radiation	1037
therapy center, emergency facility, and an urgent care center.	1038
"Ambulatory health care facility" does not include the private	1039
office of a physician or dentist, whether the office is for an	1040
individual or group practice.	1041

(ii) "Emergency facility" means a hospital emergency	1042
department or any other facility that provides emergency medical	1043
services.	1044

(iii) "Health care practitioner" has the same meaning as in	1045
section 4769.01 of the Revised Code.	1046

(iv) "Hospital" has the same meaning as in section 3727.01 of	1047
the Revised Code.	1048

(v) "Long-term care facility" means a nursing home,	1049
residential care facility, or home for the aging, as those terms	1050
are defined in section 3721.01 of the Revised Code; a residential	1051
facility licensed under section 5119.34 of the Revised Code that	1052
provides accommodations, supervision, and personal care services	1053
for three to sixteen unrelated adults; a nursing facility, as	1054
defined in section 5165.01 of the Revised Code; a skilled nursing	1055
facility, as defined in section 5165.01 of the Revised Code; and	1056
an intermediate care facility for individuals with intellectual	1057
disabilities, as defined in section 5124.01 of the Revised Code.	1058

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	1059
the Revised Code.	1060

(d) As used in divisions (B)(1) and (2) of this section,	1061
"drug of abuse" has the same meaning as in section 4506.01 of the	1062
Revised Code.	1063

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	1064
apply to doctors of medicine, doctors of osteopathic medicine,	1065
doctors of podiatry, and dentists.	1066

(7) Nothing in divisions (B)(1) to (6) of this section	1067
affects, or shall be construed as affecting, the immunity from	1068
civil liability conferred by section 307.628 of the Revised Code	1069
or the immunity from civil liability conferred by section 2305.33	1070
of the Revised Code upon physicians who report an employee's use	1071
of a drug of abuse, or a condition of an employee other than one	1072
involving the use of a drug of abuse, to the employer of the	1073
employee in accordance with division (B) of that section. As used	1074
in division (B)(7) of this section, "employee," "employer," and	1075
"physician" have the same meanings as in section 2305.33 of the	1076
Revised Code.	1077

(C)(1) A cleric, when the cleric remains accountable to the	1078
authority of that cleric's church, denomination, or sect,	1079
concerning a confession made, or any information confidentially	1080
communicated, to the cleric for a religious counseling purpose in	1081
the cleric's professional character. The cleric may testify by	1082
express consent of the person making the communication, except	1083
when the disclosure of the information is in violation of a sacred	1084
trust and except that, if the person voluntarily testifies or is	1085
deemed by division (A)(4)(c) of section 2151.421 of the Revised	1086
Code to have waived any testimonial privilege under this division,	1087
the cleric may be compelled to testify on the same subject except	1088
when disclosure of the information is in violation of a sacred	1089
trust.	1090

(2) As used in division (C) of this section:

1091

(a) "Cleric" means a member of the clergy, rabbi, priest,	1092
Christian Science practitioner, or regularly ordained, accredited,	1093
or licensed minister of an established and legally cognizable	1094
church, denomination, or sect.	1095

(b) "Sacred trust" means a confession or confidential	1096
communication made to a cleric in the cleric's ecclesiastical	1097
capacity in the course of discipline enjoined by the church to	1098
which the cleric belongs, including, but not limited to, the	1099
Catholic Church, if both of the following apply:	1100

(i) The confession or confidential communication was made	1101
directly to the cleric.	1102

(ii) The confession or confidential communication was made in	1103
the manner and context that places the cleric specifically and	1104
strictly under a level of confidentiality that is considered	1105
inviolate by canon law or church doctrine.	1106

(D) Husband or wife, concerning any communication made by one	1107
to the other, or an act done by either in the presence of the	1108
other, during coverture, unless the communication was made, or act	1109
done, in the known presence or hearing of a third person competent	1110
to be a witness; and such rule is the same if the marital relation	1111
has ceased to exist;	1112

(E) A person who assigns a claim or interest, concerning any	1113
matter in respect to which the person would not, if a party, be	1114
permitted to testify;	1115

(F) A person who, if a party, would be restricted under	1116
section 2317.03 of the Revised Code, when the property or thing is	1117
sold or transferred by an executor, administrator, guardian,	1118
trustee, heir, devisee, or legatee, shall be restricted in the	1119
same manner in any action or proceeding concerning the property or	1120
thing.	1121

(G)(1) A school guidance counselor who holds a valid educator	1122
license from the state board of education as provided for in	1123
section 3319.22 of the Revised Code, a person licensed under	1124
Chapter 4757. of the Revised Code as a licensed professional	1125
clinical counselor, licensed professional counselor, social	1126
worker, independent social worker, marriage and family therapist	1127
or independent marriage and family therapist, or registered under	1128
Chapter 4757. of the Revised Code as a social work assistant	1129
concerning a confidential communication received from a client in	1130
that relation or the person's advice to a client unless any of the	1131
following applies:	1132

(a) The communication or advice indicates clear and present	1133
danger to the client or other persons. For the purposes of this	1134
division, cases in which there are indications of present or past	1135
child abuse or neglect of the client constitute a clear and	1136
present danger.	1137

(b) The client gives express consent to the testimony.

1138

(c) If the client is deceased, the surviving spouse or the	1139
executor or administrator of the estate of the deceased client	1140
gives express consent.	1141

(d) The client voluntarily testifies, in which case the	1142
school guidance counselor or person licensed or registered under	1143
Chapter 4757. of the Revised Code may be compelled to testify on	1144
the same subject.	1145

(e) The court in camera determines that the information	1146
communicated by the client is not germane to the counselor-client,	1147
marriage and family therapist-client, or social worker-client	1148
relationship.	1149

(f) A court, in an action brought against a school, its	1150
administration, or any of its personnel by the client, rules after	1151
an in-camera inspection that the testimony of the school guidance	1152
counselor is relevant to that action.	1153

(g) The testimony is sought in a civil action and concerns	1154
court-ordered treatment or services received by a patient as part	1155
of a case plan journalized under section 2151.412 of the Revised	1156
Code or the court-ordered treatment or services are necessary or	1157
relevant to dependency, neglect, or abuse or temporary or	1158
permanent custody proceedings under Chapter 2151. of the Revised	1159
Code.	1160

(2) Nothing in division (G)(1) of this section shall relieve	1161
a school guidance counselor or a person licensed or registered	1162
under Chapter 4757. of the Revised Code from the requirement to	1163
report information concerning child abuse or neglect under section	1164
2151.421 of the Revised Code.	1165

(H) A mediator acting under a mediation order issued under	1166
division (A) of section 3109.052 of the Revised Code or otherwise	1167
issued in any proceeding for divorce, dissolution, legal	1168
separation, annulment, or the allocation of parental rights and	1169
responsibilities for the care of children, in any action or	1170
proceeding, other than a criminal, delinquency, child abuse, child	1171
neglect, or dependent child action or proceeding, that is brought	1172
by or against either parent who takes part in mediation in	1173
accordance with the order and that pertains to the mediation	1174
process, to any information discussed or presented in the	1175
mediation process, to the allocation of parental rights and	1176
responsibilities for the care of the parents' children, or to the	1177
awarding of parenting time rights in relation to their children;	1178

(I) A communications assistant, acting within the scope of	1179
the communication assistant's authority, when providing	1180
telecommunications relay service pursuant to section 4931.06 of	1181
the Revised Code or Title II of the "Communications Act of 1934,"	1182
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1183
made through a telecommunications relay service. Nothing in this	1184
section shall limit the obligation of a communications assistant	1185
to divulge information or testify when mandated by federal law or	1186
regulation or pursuant to subpoena in a criminal proceeding.	1187

Nothing in this section shall limit any immunity or privilege	1188
granted under federal law or regulation.	1189

(J)(1) A chiropractor in a civil proceeding concerning a	1190
communication made to the chiropractor by a patient in that	1191
relation or the chiropractor's advice to a patient, except as	1192
otherwise provided in this division. The testimonial privilege	1193
established under this division does not apply, and a chiropractor	1194
may testify or may be compelled to testify, in any civil action,	1195
in accordance with the discovery provisions of the Rules of Civil	1196
Procedure in connection with a civil action, or in connection with	1197
a claim under Chapter 4123. of the Revised Code, under any of the	1198
following circumstances:	1199

(a) If the patient or the guardian or other legal	1200
representative of the patient gives express consent.	1201

(b) If the patient is deceased, the spouse of the patient or	1202
the executor or administrator of the patient's estate gives	1203
express consent.	1204

(c) If a medical claim, dental claim, chiropractic claim, or	1205
optometric claim, as defined in section 2305.113 of the Revised	1206
Code, an action for wrongful death, any other type of civil	1207
action, or a claim under Chapter 4123. of the Revised Code is	1208
filed by the patient, the personal representative of the estate of	1209
the patient if deceased, or the patient's guardian or other legal	1210
representative.	1211

(2) If the testimonial privilege described in division (J)(1)	1212
of this section does not apply as provided in division (J)(1)(c)	1213
of this section, a chiropractor may be compelled to testify or to	1214
submit to discovery under the Rules of Civil Procedure only as to	1215
a communication made to the chiropractor by the patient in	1216
question in that relation, or the chiropractor's advice to the	1217
patient in question, that related causally or historically to	1218
physical or mental injuries that are relevant to issues in the	1219
medical claim, dental claim, chiropractic claim, or optometric	1220
claim, action for wrongful death, other civil action, or claim	1221
under Chapter 4123. of the Revised Code.	1222

(3) The testimonial privilege established under this division	1223
does not apply, and a chiropractor may testify or be compelled to	1224
testify, in any criminal action or administrative proceeding.	1225

(4) As used in this division, "communication" means	1226
acquiring, recording, or transmitting any information, in any	1227
manner, concerning any facts, opinions, or statements necessary to	1228
enable a chiropractor to diagnose, treat, or act for a patient. A	1229
communication may include, but is not limited to, any	1230
chiropractic, office, or hospital communication such as a record,	1231
chart, letter, memorandum, laboratory test and results, x-ray,	1232
photograph, financial statement, diagnosis, or prognosis.	1233

(K)(1) Except as provided under division (K)(2) of this	1234
section, a critical incident stress management team member	1235
concerning a communication received from an individual who	1236
receives crisis response services from the team member, or the	1237
team member's advice to the individual, during a debriefing	1238
session.	1239

(2) The testimonial privilege established under division	1240
(K)(1) of this section does not apply if any of the following are	1241
true:	1242

(a) The communication or advice indicates clear and present	1243
danger to the individual who receives crisis response services or	1244
to other persons. For purposes of this division, cases in which	1245
there are indications of present or past child abuse or neglect of	1246
the individual constitute a clear and present danger.	1247

(b) The individual who received crisis response services	1248
gives express consent to the testimony.	1249

(c) If the individual who received crisis response services	1250
is deceased, the surviving spouse or the executor or administrator	1251
of the estate of the deceased individual gives express consent.	1252

(d) The individual who received crisis response services	1253
voluntarily testifies, in which case the team member may be	1254
compelled to testify on the same subject.	1255

(e) The court in camera determines that the information	1256
communicated by the individual who received crisis response	1257
services is not germane to the relationship between the individual	1258
and the team member.	1259

(f) The communication or advice pertains or is related to any	1260
criminal act.	1261

(3) As used in division (K) of this section:

1262

(a) "Crisis response services" means consultation, risk	1263
assessment, referral, and on-site crisis intervention services	1264
provided by a critical incident stress management team to	1265
individuals affected by crisis or disaster.	1266

(b) "Critical incident stress management team member" or	1267
"team member" means an individual specially trained to provide	1268
crisis response services as a member of an organized community or	1269
local crisis response team that holds membership in the Ohio	1270
critical incident stress management network.	1271

(c) "Debriefing session" means a session at which crisis	1272
response services are rendered by a critical incident stress	1273
management team member during or after a crisis or disaster.	1274

(L)(1) Subject to division (L)(2) of this section and except	1275
as provided in division (L)(3) of this section, an employee	1276
assistance professional, concerning a communication made to the	1277
employee assistance professional by a client in the employee	1278
assistance professional's official capacity as an employee	1279
assistance professional.	1280

(2) Division (L)(1) of this section applies to an employee	1281
assistance professional who meets either or both of the following	1282
requirements:	1283

(a) Is certified by the employee assistance certification	1284
commission to engage in the employee assistance profession;	1285

(b) Has education, training, and experience in all of the	1286
following:	1287

(i) Providing workplace-based services designed to address	1288
employer and employee productivity issues;	1289

(ii) Providing assistance to employees and employees'	1290
dependents in identifying and finding the means to resolve	1291
personal problems that affect the employees or the employees'	1292
performance;	1293

(iii) Identifying and resolving productivity problems	1294
associated with an employee's concerns about any of the following	1295
matters: health, marriage, family, finances, substance abuse or	1296
other addiction, workplace, law, and emotional issues;	1297

(iv) Selecting and evaluating available community resources;

1298

(v) Making appropriate referrals;

1299

(vi) Local and national employee assistance agreements;

1300

(vii) Client confidentiality.

1301

(3) Division (L)(1) of this section does not apply to any of	1302
the following:	1303

(a) A criminal action or proceeding involving an offense	1304
under sections 2903.01 to 2903.06 of the Revised Code if the	1305
employee assistance professional's disclosure or testimony relates	1306
directly to the facts or immediate circumstances of the offense;	1307

(b) A communication made by a client to an employee	1308
assistance professional that reveals the contemplation or	1309
commission of a crime or serious, harmful act;	1310

(c) A communication that is made by a client who is an	1311
unemancipated minor or an adult adjudicated to be incompetent and	1312
indicates that the client was the victim of a crime or abuse;	1313

(d) A civil proceeding to determine an individual's mental	1314
competency or a criminal action in which a plea of not guilty by	1315
reason of insanity is entered;	1316

(e) A civil or criminal malpractice action brought against	1317
the employee assistance professional;	1318

(f) When the employee assistance professional has the express	1319
consent of the client or, if the client is deceased or disabled,	1320
the client's legal representative;	1321

(g) When the testimonial privilege otherwise provided by	1322
division (L)(1) of this section is abrogated under law.	1323

Sec. 2941.51.  (A) Counsel appointed to a case or selected by	1324
an indigent person under division (E) of section 120.16 or	1325
division (E) of section 120.26 of the Revised Code, or otherwise	1326
appointed by the court, except for counsel appointed by the court	1327
to provide legal representation for a person charged with a	1328
violation of an ordinance of a municipal corporation, shall be	1329
paid for their services by the county the compensation and	1330
expenses that the trial court approves. Each request for payment	1331
shall be accompanied by a financial disclosure form and an	1332
affidavit of indigency that are completed by the indigent person	1333
on forms prescribed by the state public defender. Compensation and	1334
expenses shall not exceed the amounts fixed by the board of county	1335
commissioners pursuant to division (B) of this section.	1336

(B) The board of county commissioners shall establish a	1337
schedule of fees by case or on an hourly basis to be paid by the	1338
county for legal services provided by appointed counsel. Prior to	1339
establishing such schedule, the board shall request the bar	1340
association or associations of the county to submit a proposed	1341
schedule for cases other than capital cases. The schedule	1342
submitted shall be subject to the review, amendment, and approval	1343
of the board of county commissioners, except with respect to	1344
capital cases. With respect to capital cases, the schedule shall	1345
provide for fees by case or on an hourly basis to be paid to	1346
counsel in the amount or at the rate set by the supreme court	1347
pursuant to division (D) of section 120.33 of the Revised Code,	1348
and the board of county commissioners shall approve that amount or	1349
rate.	1350

With respect to capital cases, counsel shall be paid	1351
compensation and expenses in accordance with the amount or at the	1352
rate set by the supreme court pursuant to division (D) of section	1353
120.33 of the Revised Code.	1354

(C) In a case where counsel have been appointed to conduct an	1355
appeal under Chapter 120. of the Revised Code, such compensation	1356
shall be fixed by the court of appeals or the supreme court, as	1357
provided in divisions (A) and (B) of this section.	1358

(D) The fees and expenses approved by the court under this	1359
section shall not be taxed as part of the costs and shall be paid	1360
by the county. However, if the person represented has, or	1361
reasonably may be expected to have, the means to meet some part of	1362
the cost of the services rendered to the person, the person shall	1363
pay the county an amount that the person reasonably can be	1364
expected to pay. Pursuant to section 120.04 of the Revised Code,	1365
the county shall pay to the state public defender a percentage of	1366
the payment received from the person in an amount proportionate to	1367
the percentage of the costs of the person's case that were paid to	1368
the county by the state public defender pursuant to this section.	1369
The money paid to the state public defender shall be credited to	1370
the client payment fund created pursuant to division (B)(5) of	1371
section 120.04 of the Revised Code.	1372

(E) The county auditor shall draw a warrant on the county	1373
treasurer for the payment of such counsel in the amount fixed by	1374
the court, plus the expenses that the court fixes and certifies to	1375
the auditor. The county auditor shall report periodically, but not	1376
less than annually, to the board of county commissioners and to	1377
the Ohio public defender commission the amounts paid out pursuant	1378
to the approval of the court under this section, separately	1379
stating costs and expenses that are reimbursable under section	1380
120.35 of the Revised Code. The board, after review and approval	1381
of the auditor's report, may then certify it to the state public	1382
defender for reimbursement. The request for reimbursement shall be	1383
accompanied by a financial disclosure form completed by each	1384
indigent person for whom counsel was provided on a form prescribed	1385
by the state public defender. The state public defender shall	1386
review the report and, in accordance with the standards,	1387
guidelines, and maximums established pursuant to divisions (B)(7)	1388
and (8) of section 120.04 of the Revised Code, pay fifty per cent	1389
of the total cost, other than costs and expenses that are	1390
reimbursable under section 120.35 of the Revised Code, if any, of	1391
paying appointed counsel in each county and pay fifty per cent of	1392
costs and expenses that are reimbursable under section 120.35 of	1393
the Revised Code, if any, to the board.	1394

(F) If any county system for paying appointed counsel fails	1395
to maintain the standards for the conduct of the system	1396
established by the rules of the Ohio public defender commission	1397
pursuant to divisions (B) and (C) of section 120.03 of the Revised	1398
Code or the standards established by the state public defender	1399
pursuant to division (B)(7) of section 120.04 of the Revised Code,	1400
the commission shall notify the board of county commissioners of	1401
the county that the county system for paying appointed counsel has	1402
failed to comply with its rules. Unless the board corrects the	1403
conduct of its appointed counsel system to comply with the rules	1404
within ninety days after the date of the notice, the state public	1405
defender may deny all or part of the county's reimbursement from	1406
the state provided for in this section.	1407

Sec. 2945.10.  The trial of an issue upon an indictment or	1408
information shall proceed before the trial court or jury as	1409
follows:	1410

(A) Counsel for the state must first state the case for the	1411
prosecution, and may briefly state the evidence by which hethe	1412
counsel for the state expects to sustain it.	1413

(B) The defendant or histhe defendant's counsel must then	1414
state histhe defense, and may briefly state the evidence which he	1415
the defendant or the defendant's counsel expects to offer in	1416
support of it.	1417

(C) The state must first produce its evidence and the	1418
defendant shall then produce histhe defendant's evidence.	1419

(D) The state will then be confined to rebutting evidence,	1420
but the court, for good reason, in furtherance of justice, may	1421
permit evidence to be offered by either side out of its order.	1422

(E) When the evidence is concluded, one of the following	1423
applies regarding jury instructions:	1424

(1) In a capital case that is being heard by a jury, the	1425
court shall prepare written instructions to the jury on the points	1426
of law, shall provide copies of the written instructions to the	1427
jury before orally instructing the jury, and shall permit the jury	1428
to retain and consult the instructions during the court's	1429
presentation of the oral instructions and during the jury's	1430
deliberations.	1431

(2) In a case that is not a capital case, either party may	1432
request instructions to the jury on the points of law, which	1433
instructions shall be reduced to writing if either party requests	1434
it.	1435

(F) When the evidence is concluded, unless the case is	1436
submitted without argument, the counsel for the state shall	1437
commence, the defendant or histhe defendant's counsel follow, and	1438
the counsel for the state conclude the argument to the jury.	1439

(G) The court, after the argument is concluded and before	1440
proceeding with other business, shall forthwith charge the jury.	1441
Such charge shall be reduced to writing by the court if either	1442
party requests it before the argument to the jury is commenced.	1443
Such charge, or other charge or instruction provided for in this	1444
section, when so written and given, shall not be orally qualified,	1445
modified, or explained to the jury by the court. Written charges	1446
and instructions shall be taken by the jury in their retirement	1447
and returned with their verdict into court and remain on file with	1448
the papers of the case.	1449

The court may deviate from the order of proceedings listed in	1450
this section.	1451

Sec. 2949.221.  (A) As used in this section:

1452

(1) "Person" has the same meaning as in section 1.59 of the	1453
Revised Code.	1454

(2) "Licensing authority" means an entity, board, department,	1455
commission, association, or agency that issues a license to a	1456
person or entity.	1457

(3) "Public office" has the same meaning as in section 117.01	1458
of the Revised Code.	1459

(B) If, at any time prior to the day that is twenty-four	1460
months after the effective date of this section, a person	1461
manufactures, compounds, imports, transports, distributes,	1462
supplies, prescribes, prepares, administers, uses, or tests any of	1463
the compounding equipment or components, the active pharmaceutical	1464
ingredients, the drugs or combination of drugs, the medical	1465
supplies, or the medical equipment used in the application of a	1466
lethal injection of a drug or combination of drugs in the	1467
administration of a death sentence by lethal injection as provided	1468
for in division (A) of section 2949.22 of the Revised Code,	1469
notwithstanding any provision of law to the contrary, all of the	1470
following apply regarding any information or record in the	1471
possession of any public office that identifies or reasonably	1472
leads to the identification of the person and the person's	1473
participation in any activity described in this division:	1474

(1) The information or record shall be classified as	1475
confidential, is privileged under law, and is not subject to	1476
disclosure by any person, state agency, governmental entity,	1477
board, or commission or any political subdivision as a public	1478
record under section 149.43 of the Revised Code or otherwise.	1479

(2) The information or record shall not be subject to	1480
disclosure by or during any judicial proceeding, inquiry, or	1481
process, except as described in division (B)(4) of this section or	1482
in section 2949.222 of the Revised Code.	1483

(3) The information or record shall not be subject to	1484
discovery, subpoena, or any other means of legal compulsion for	1485
disclosure to any person or entity, except as described in	1486
division (B)(4) of this section or in section 2949.222 of the	1487
Revised Code.	1488

(4)(a) If the information or record pertains to the	1489
manufacture, compounding, importing, transportation, distribution,	1490
or supplying of any of the items or materials described in	1491
division (B) of this section, the person or entity that maintains	1492
the information or record shall disclose the information or record	1493
to the Ohio ethics commission and the commission may use the	1494
information or record, subject to division (B)(1) of this section,	1495
only to confirm the following:	1496

(i) That the relationship between the person and the	1497
department of rehabilitation and correction is consistent with and	1498
complies with the ethics laws of this state;	1499

(ii) That at the time of the specified conduct, the person	1500
has all licenses required under the laws of this state to engage	1501
in that conduct and the licenses are valid.	1502

(b) If the Ohio ethics commission receives any information or	1503
record pursuant to division (B)(4)(a) of this section, the	1504
commission shall complete its use of the information or record for	1505
the purposes described in that division within fourteen days of	1506
its receipt and shall promptly report its findings to the director	1507
of rehabilitation and correction.	1508

(C)(1) If, at any time prior to the day that is twenty-four	1509
months after the effective date of this section, an employee or	1510
former employee of the department of rehabilitation and correction	1511
or any other individual selected or designated by the director of	1512
the department participates or participated in the administration	1513
of a sentence of death by lethal injection, as provided for in	1514
division (A) of section 2949.22 of the Revised Code, subject to	1515
division (C)(2) of this section and notwithstanding any other	1516
provision of law to the contrary, the protections and limitations	1517
specified in divisions (B)(1), (2), and (3) of this section shall	1518
apply regarding any information or record in the possession of any	1519
public office that identifies or reasonably leads to the	1520
identification of the employee, former employee, or other	1521
individual and the employee's, former employee's, or individual's	1522
participation in the administration of the sentence of death by	1523
lethal injection described in this division.	1524

(2) Division (C)(1) of this section does not apply with	1525
respect to information or a record that identifies or reasonably	1526
leads to the identification of the director of rehabilitation and	1527
correction or the warden of the state correctional institution in	1528
which the administration of the sentence of death takes place.	1529

(D) The protections and limitations specified in divisions	1530
(B)(1), (2), and (3) of this section regarding information and	1531
records that identify or may reasonably lead to the identification	1532
of a person described in divisions (B) or (C) of this section and	1533
the person's participation in any activity described in the	1534
particular division are rights that shall be recognized as	1535
follows:	1536

(1) With respect to a person that is an individual, without	1537
any requirement for the person to take any action or specifically	1538
apply for recognition of such rights.	1539

(2) With respect to a person that is not an individual, the	1540
rights do not exist unless the person requests to have the rights	1541
recognized by applying in writing to the director of	1542
rehabilitation and correction.	1543

The director of rehabilitation and correction by rule shall	1544
establish the procedure according to which a person who is not an	1545
individual may apply in writing for the rights described in	1546
divisions (B)(1), (2), and (3) of this section. The director shall	1547
approve an application that is submitted in compliance with the	1548
rules. A person whose application is approved is entitled to the	1549
rights for twenty years after the person ceases the qualifying	1550
activity as contemplated by the first paragraph of division (B) of	1551
this section. The director shall notify any person, who is not an	1552
individual and who is entitled to the rights, of the application	1553
procedures.	1554

(E) If a person or entity that, at any time prior to the day	1555
that is twenty-four months after the effective date of this	1556
section, participates in, consults regarding, performs any	1557
function with respect to, including any activity described in	1558
division (B) of this section, or provides any expert opinion	1559
testimony regarding an execution by lethal injection conducted in	1560
accordance with division (A) of section 2949.22 of the Revised	1561
Code is licensed by a licensing authority, notwithstanding any	1562
provision of law to the contrary, the licensing authority shall	1563
not do any of the following as a result of that participation,	1564
consultation, performance, activity, or testimony by the person or	1565
entity:	1566

(1) Challenge, reprimand, suspend, or revoke the person's or	1567
entity's license;	1568

(2) Take any disciplinary action against the person or entity	1569
or the person's or entity's licensure.	1570

(F) A person may not, without the approval of the director of	1571
rehabilitation and correction, knowingly disclose the identity and	1572
participation in an activity described in the particular division	1573
of any person to whom division (B) of this section applies and	1574
that is made confidential, privileged, and not subject to	1575
disclosure under that division or of an employee, former employee,	1576
or other individual to whom division (C)(1) of this section	1577
applies and that is made confidential, privileged, and not subject	1578
to disclosure under that division. Any person, employee, former	1579
employee, or individual whose identity and participation in a	1580
specified activity is disclosed in violation of this division has	1581
a civil cause of action against any person who discloses the	1582
identity and participation in the activity in violation of this	1583
division. In a civil action brought under this division, the	1584
plaintiff is entitled to recover from the defendant actual	1585
damages, punitive or exemplary damages upon a showing of a willful	1586
violation of this division, and reasonable attorney's fees and	1587
court costs.	1588

(G) If division (B), (C), or (D) of this section applies to a	1589
person with respect to any conduct or activity of the person	1590
occurring at a time prior to the day that is twenty-four months	1591
after the effective date of this section, the expiration of that	1592
twenty-four month period does not affect, add to, or diminish the	1593
protections and limitations specified in division (B) or (C),	1594
division (D), and division (E) of this section with respect to	1595
their application to that person.	1596

Sec. 2949.222.  (A) As used in this section, "seal a record"	1597
means to remove a record from the main file of similar records and	1598
to secure it in a separate file that contains only sealed records	1599
accessible only to the court.	1600

(B) The court promptly shall order the immediate sealing of	1601
records containing information described in division (B) or (C) of	1602
section 2949.221 of the Revised Code and the person's	1603
participation in any activity described in the particular	1604
division, whenever the records come into the court's possession.	1605

(C) If a record containing information described in division	1606
(B) or (C) of section 2949.221 of the Revised Code and the	1607
person's participation in any activity described in the particular	1608
division, is subpoenaed or requested by a court order, the	1609
director of rehabilitation and correction shall provide the	1610
record. If the court determines that the record is necessary for	1611
just adjudication, the court shall order the director to appear at	1612
a private hearing with a copy of the record and any other relevant	1613
evidence. The information is not otherwise subject to disclosure	1614
unless the court, through clear and convincing evidence presented	1615
in the private hearing, finds that the person whose identity is	1616
protected appears to have acted unlawfully with respect to the	1617
person's involvement in the administration of a lethal injection	1618
as contemplated by the first paragraph of division (B) and by	1619
division (C)(1) of section 2949.221 of the Revised Code.	1620

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	1621
a criminal offense or adjudicated a delinquent child and who	1622
claims that there was such a denial or infringement of the	1623
person's rights as to render the judgment void or voidable under	1624
the Ohio Constitution or the Constitution of the United States,	1625
and any person who has been convicted of a criminal offense that	1626
is a felony and who is an offender for whom DNA testing that was	1627
performed under sections 2953.71 to 2953.81 of the Revised Code or	1628
under former section 2953.82 of the Revised Code and analyzed in	1629
the context of and upon consideration of all available admissible	1630
evidence related to the person's case as described in division (D)	1631
of section 2953.74 of the Revised Code provided results that	1632
establish, by clear and convincing evidence, actual innocence of	1633
that felony offense or, if the person was sentenced to death,	1634
establish, by clear and convincing evidence, actual innocence of	1635
the aggravating circumstance or circumstances the person was found	1636
guilty of committing and that is or are the basis of that sentence	1637
of death, may file a petition in the court that imposed sentence,	1638
stating the grounds for relief relied upon, and asking the court	1639
to vacate or set aside the judgment or sentence or to grant other	1640
appropriate relief. The petitioner may file a supporting affidavit	1641
and other documentary evidence in support of the claim for relief.	1642

(b) As used in division (A)(1)(a) of this section, "actual	1643
innocence" means that, had the results of the DNA testing	1644
conducted under sections 2953.71 to 2953.81 of the Revised Code or	1645
under former section 2953.82 of the Revised Code been presented at	1646
trial, and had those results been analyzed in the context of and	1647
upon consideration of all available admissible evidence related to	1648
the person's case as described in division (D) of section 2953.74	1649
of the Revised Code, no reasonable factfinder would have found the	1650
petitioner guilty of the offense of which the petitioner was	1651
convicted, or, if the person was sentenced to death, no reasonable	1652
factfinder would have found the petitioner guilty of the	1653
aggravating circumstance or circumstances the petitioner was found	1654
guilty of committing and that is or are the basis of that sentence	1655
of death.	1656

(c) As used in divisions (A)(1)(a) and (b) of this section,	1657
"former section 2953.82 of the Revised Code" means section 2953.82	1658
of the Revised Code as it existed prior to the effective date of	1659
this amendmentJuly 6, 2010.	1660

(2) Except as otherwise provided in section 2953.23 of the	1661
Revised Code, a petition under division (A)(1) of this section	1662
shall be filed no later than onethree hundred eightysixty-five	1663
days after the date on which the trial transcript is filed in the	1664
court of appeals in the direct appeal of the judgment of	1665
conviction or adjudication or, if the direct appeal involves a	1666
sentence of death, the date on which the trial transcript is filed	1667
in the supreme court. If no appeal is taken, except as otherwise	1668
provided in section 2953.23 of the Revised Code, the petition	1669
shall be filed no later than onethree hundred eightysixty-five	1670
days after the expiration of the time for filing the appeal.	1671

(3) In a petition filed under division (A) of this section, a	1672
person who has been sentenced to death may ask the court to render	1673
void or voidable the judgment with respect to the conviction of	1674
aggravated murder or the specification of an aggravating	1675
circumstance or the sentence of death.	1676

(4) A petitioner shall state in the original or amended	1677
petition filed under division (A) of this section all grounds for	1678
relief claimed by the petitioner. Except as provided in section	1679
2953.23 of the Revised Code, any ground for relief that is not so	1680
stated in the petition is waived.	1681

(5) If the petitioner in a petition filed under division (A)	1682
of this section was convicted of or pleaded guilty to a felony,	1683
the petition may include a claim that the petitioner was denied	1684
the equal protection of the laws in violation of the Ohio	1685
Constitution or the United States Constitution because the	1686
sentence imposed upon the petitioner for the felony was part of a	1687
consistent pattern of disparity in sentencing by the judge who	1688
imposed the sentence, with regard to the petitioner's race,	1689
gender, ethnic background, or religion. If the supreme court	1690
adopts a rule requiring a court of common pleas to maintain	1691
information with regard to an offender's race, gender, ethnic	1692
background, or religion, the supporting evidence for the petition	1693
shall include, but shall not be limited to, a copy of that type of	1694
information relative to the petitioner's sentence and copies of	1695
that type of information relative to sentences that the same judge	1696
imposed upon other persons.	1697

(B) The clerk of the court in which the petition is filed	1698
shall docket the petition and bring it promptly to the attention	1699
of the court. The clerk of the court in which the petition is	1700
filed immediately shall forward a copy of the petition to the	1701
prosecuting attorney of that county.	1702

(C) The court shall consider a petition that is timely filed	1703
under division (A)(2) of this section even if a direct appeal of	1704
the judgment is pending. Before granting a hearing on a petition	1705
filed under division (A) of this section, the court shall	1706
determine whether there are substantive grounds for relief. In	1707
making such a determination, the court shall consider, in addition	1708
to the petition, the supporting affidavits, and the documentary	1709
evidence, all the files and records pertaining to the proceedings	1710
against the petitioner, including, but not limited to, the	1711
indictment, the court's journal entries, the journalized records	1712
of the clerk of the court, and the court reporter's transcript.	1713
The court reporter's transcript, if ordered and certified by the	1714
court, shall be taxed as court costs. If the court dismisses the	1715
petition, it shall make and file findings of fact and conclusions	1716
of law with respect to such dismissal.	1717

(D) Within ten days after the docketing of the petition, or	1718
within any further time that the court may fix for good cause	1719
shown, the prosecuting attorney shall respond by answer or motion.	1720
Within twenty days from the date the issues are raised, either	1721
party may move for summary judgment. The right to summary judgment	1722
shall appear on the face of the record.	1723

(E) Unless the petition and the files and records of the case	1724
show the petitioner is not entitled to relief, the court shall	1725
proceed to a prompt hearing on the issues even if a direct appeal	1726
of the case is pending. If the court notifies the parties that it	1727
has found grounds for granting relief, either party may request an	1728
appellate court in which a direct appeal of the judgment is	1729
pending to remand the pending case to the court.	1730

(F) At any time before the answer or motion is filed, the	1731
petitioner may amend the petition with or without leave or	1732
prejudice to the proceedings. The petitioner may amend the	1733
petition with leave of court at any time thereafter.	1734

(G) If the court does not find grounds for granting relief,	1735
it shall make and file findings of fact and conclusions of law and	1736
shall enter judgment denying relief on the petition. If no direct	1737
appeal of the case is pending and the court finds grounds for	1738
relief or if a pending direct appeal of the case has been remanded	1739
to the court pursuant to a request made pursuant to division (E)	1740
of this section and the court finds grounds for granting relief,	1741
it shall make and file findings of fact and conclusions of law and	1742
shall enter a judgment that vacates and sets aside the judgment in	1743
question, and, in the case of a petitioner who is a prisoner in	1744
custody, shall discharge or resentence the petitioner or grant a	1745
new trial as the court determines appropriate. The court also may	1746
make supplementary orders to the relief granted, concerning such	1747
matters as rearraignment, retrial, custody, and bail. If the trial	1748
court's order granting the petition is reversed on appeal and if	1749
the direct appeal of the case has been remanded from an appellate	1750
court pursuant to a request under division (E) of this section,	1751
the appellate court reversing the order granting the petition	1752
shall notify the appellate court in which the direct appeal of the	1753
case was pending at the time of the remand of the reversal and	1754
remand of the trial court's order. Upon the reversal and remand of	1755
the trial court's order granting the petition, regardless of	1756
whether notice is sent or received, the direct appeal of the case	1757
that was remanded is reinstated.	1758

(H) Upon the filing of a petition pursuant to division (A) of	1759
this section by a person sentenced to death, only the supreme	1760
court may stay execution of the sentence of death.	1761

(I)(1) If a person sentenced to death intends to file a	1762
petition under this section, the court shall appoint counsel to	1763
represent the person upon a finding that the person is indigent	1764
and that the person either accepts the appointment of counsel or	1765
is unable to make a competent decision whether to accept or reject	1766
the appointment of counsel. The court may decline to appoint	1767
counsel for the person only upon a finding, after a hearing if	1768
necessary, that the person rejects the appointment of counsel and	1769
understands the legal consequences of that decision or upon a	1770
finding that the person is not indigent.	1771

(2) The court shall not appoint as counsel under division	1772
(I)(1) of this section an attorney who represented the petitioner	1773
at trial in the case to which the petition relates unless the	1774
person and the attorney expressly request the appointment. The	1775
court shall appoint as counsel under division (I)(1) of this	1776
section only an attorney who is certified under Rule 20 of the	1777
Rules of Superintendence for the Courts of Ohio to represent	1778
indigent defendants charged with or convicted of an offense for	1779
which the death penalty can be or has been imposed. The	1780
ineffectiveness or incompetence of counsel during proceedings	1781
under this section does not constitute grounds for relief in a	1782
proceeding under this section, in an appeal of any action under	1783
this section, or in an application to reopen a direct appeal.	1784

(3) Division (I) of this section does not preclude attorneys	1785
who represent the state of Ohio from invoking the provisions of 28	1786
U.S.C. 154 with respect to capital cases that were pending in	1787
federal habeas corpus proceedings prior to July 1, 1996, insofar	1788
as the petitioners in those cases were represented in proceedings	1789
under this section by one or more counsel appointed by the court	1790
under this section or section 120.06, 120.16, 120.26, or 120.33 of	1791
the Revised Code and those appointed counsel meet the requirements	1792
of division (I)(2) of this section.	1793

(J) Subject to the appeal of a sentence for a felony that is	1794
authorized by section 2953.08 of the Revised Code, the remedy set	1795
forth in this section is the exclusive remedy by which a person	1796
may bring a collateral challenge to the validity of a conviction	1797
or sentence in a criminal case or to the validity of an	1798
adjudication of a child as a delinquent child for the commission	1799
of an act that would be a criminal offense if committed by an	1800
adult or the validity of a related order of disposition.	1801

Section 2.  That existing sections 120.33, 149.43, 2317.02,	1802
2941.51, 2945.10, and 2953.21 of the Revised Code are hereby	1803
repealed.	1804

Section 3. That the version of section 149.43 of the Revised	1805
Code that is scheduled to take effect on March 20, 2015, be	1806
amended to read as follows:	1807

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

1808

(1) "Public record" means records kept by any public office,	1809
including, but not limited to, state, county, city, village,	1810
township, and school district units, and records pertaining to the	1811
delivery of educational services by an alternative school in this	1812
state kept by the nonprofit or for-profit entity operating the	1813
alternative school pursuant to section 3313.533 of the Revised	1814
Code. "Public record" does not mean any of the following:	1815

(a) Medical records;

1816

(b) Records pertaining to probation and parole proceedings or	1817
to proceedings related to the imposition of community control	1818
sanctions and post-release control sanctions;	1819

(c) Records pertaining to actions under section 2151.85 and	1820
division (C) of section 2919.121 of the Revised Code and to	1821
appeals of actions arising under those sections;	1822

(d) Records pertaining to adoption proceedings, including the	1823
contents of an adoption file maintained by the department of	1824
health under sections 3705.12 to 3705.124 of the Revised Code;	1825

(e) Information in a record contained in the putative father	1826
registry established by section 3107.062 of the Revised Code,	1827
regardless of whether the information is held by the department of	1828
job and family services or, pursuant to section 3111.69 of the	1829
Revised Code, the office of child support in the department or a	1830
child support enforcement agency;	1831

(f) Records specified in division (A) of section 3107.52 of	1832
the Revised Code;	1833

(g) Trial preparation records;

1834

(h) Confidential law enforcement investigatory records;

1835

(i) Records containing information that is confidential under	1836
section 2710.03 or 4112.05 of the Revised Code;	1837

(j) DNA records stored in the DNA database pursuant to	1838
section 109.573 of the Revised Code;	1839

(k) Inmate records released by the department of	1840
rehabilitation and correction to the department of youth services	1841
or a court of record pursuant to division (E) of section 5120.21	1842
of the Revised Code;	1843

(l) Records maintained by the department of youth services	1844
pertaining to children in its custody released by the department	1845
of youth services to the department of rehabilitation and	1846
correction pursuant to section 5139.05 of the Revised Code;	1847

(m) Intellectual property records;

1848

(n) Donor profile records;

1849

(o) Records maintained by the department of job and family	1850
services pursuant to section 3121.894 of the Revised Code;	1851

(p) Peace officer, parole officer, probation officer,	1852
bailiff, prosecuting attorney, assistant prosecuting attorney,	1853
correctional employee, community-based correctional facility	1854
employee, youth services employee, firefighter, EMT, or	1855
investigator of the bureau of criminal identification and	1856
investigation residential and familial information;	1857

(q) In the case of a county hospital operated pursuant to	1858
Chapter 339. of the Revised Code or a municipal hospital operated	1859
pursuant to Chapter 749. of the Revised Code, information that	1860
constitutes a trade secret, as defined in section 1333.61 of the	1861
Revised Code;	1862

(r) Information pertaining to the recreational activities of	1863
a person under the age of eighteen;	1864

(s) Records provided to, statements made by review board	1865
members during meetings of, and all work products of a child	1866
fatality review board acting under sections 307.621 to 307.629 of	1867
the Revised Code, and child fatality review data submitted by the	1868
child fatality review board to the department of health or a	1869
national child death review database, other than the report	1870
prepared pursuant to division (A) of section 307.626 of the	1871
Revised Code;	1872

(t) Records provided to and statements made by the executive	1873
director of a public children services agency or a prosecuting	1874
attorney acting pursuant to section 5153.171 of the Revised Code	1875
other than the information released under that section;	1876

(u) Test materials, examinations, or evaluation tools used in	1877
an examination for licensure as a nursing home administrator that	1878
the board of executives of long-term services and supports	1879
administers under section 4751.04 of the Revised Code or contracts	1880
under that section with a private or government entity to	1881
administer;	1882

(v) Records the release of which is prohibited by state or	1883
federal law;	1884

(w) Proprietary information of or relating to any person that	1885
is submitted to or compiled by the Ohio venture capital authority	1886
created under section 150.01 of the Revised Code;	1887

(x) Financial statements and data any person submits for any	1888
purpose to the Ohio housing finance agency or the controlling	1889
board in connection with applying for, receiving, or accounting	1890
for financial assistance from the agency, and information that	1891
identifies any individual who benefits directly or indirectly from	1892
financial assistance from the agency;	1893

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

1894

(z) Discharges recorded with a county recorder under section	1895
317.24 of the Revised Code, as specified in division (B)(2) of	1896
that section;	1897

(aa) Usage information including names and addresses of	1898
specific residential and commercial customers of a municipally	1899
owned or operated public utility;	1900

(bb) Records described in division (C) of section 187.04 of	1901
the Revised Code that are not designated to be made available to	1902
the public as provided in that division;	1903

(cc) Information and records that are made confidential,	1904
privileged, and not subject to disclosure under divisions (B) and	1905
(C) of section 2949.221 of the Revised Code.	1906

(2) "Confidential law enforcement investigatory record" means	1907
any record that pertains to a law enforcement matter of a	1908
criminal, quasi-criminal, civil, or administrative nature, but	1909
only to the extent that the release of the record would create a	1910
high probability of disclosure of any of the following:	1911

(a) The identity of a suspect who has not been charged with	1912
the offense to which the record pertains, or of an information	1913
source or witness to whom confidentiality has been reasonably	1914
promised;	1915

(b) Information provided by an information source or witness	1916
to whom confidentiality has been reasonably promised, which	1917
information would reasonably tend to disclose the source's or	1918
witness's identity;	1919

(c) Specific confidential investigatory techniques or	1920
procedures or specific investigatory work product;	1921

(d) Information that would endanger the life or physical	1922
safety of law enforcement personnel, a crime victim, a witness, or	1923
a confidential information source.	1924

(3) "Medical record" means any document or combination of	1925
documents, except births, deaths, and the fact of admission to or	1926
discharge from a hospital, that pertains to the medical history,	1927
diagnosis, prognosis, or medical condition of a patient and that	1928
is generated and maintained in the process of medical treatment.	1929

(4) "Trial preparation record" means any record that contains	1930
information that is specifically compiled in reasonable	1931
anticipation of, or in defense of, a civil or criminal action or	1932
proceeding, including the independent thought processes and	1933
personal trial preparation of an attorney.	1934

(5) "Intellectual property record" means a record, other than	1935
a financial or administrative record, that is produced or	1936
collected by or for faculty or staff of a state institution of	1937
higher learning in the conduct of or as a result of study or	1938
research on an educational, commercial, scientific, artistic,	1939
technical, or scholarly issue, regardless of whether the study or	1940
research was sponsored by the institution alone or in conjunction	1941
with a governmental body or private concern, and that has not been	1942
publicly released, published, or patented.	1943

(6) "Donor profile record" means all records about donors or	1944
potential donors to a public institution of higher education	1945
except the names and reported addresses of the actual donors and	1946
the date, amount, and conditions of the actual donation.	1947

(7) "Peace officer, parole officer, probation officer,	1948
bailiff, prosecuting attorney, assistant prosecuting attorney,	1949
correctional employee, community-based correctional facility	1950
employee, youth services employee, firefighter, EMT, or	1951
investigator of the bureau of criminal identification and	1952
investigation residential and familial information" means any	1953
information that discloses any of the following about a peace	1954
officer, parole officer, probation officer, bailiff, prosecuting	1955
attorney, assistant prosecuting attorney, correctional employee,	1956
community-based correctional facility employee, youth services	1957
employee, firefighter, EMT, or investigator of the bureau of	1958
criminal identification and investigation:	1959

(a) The address of the actual personal residence of a peace	1960
officer, parole officer, probation officer, bailiff, assistant	1961
prosecuting attorney, correctional employee, community-based	1962
correctional facility employee, youth services employee,	1963
firefighter, EMT, or an investigator of the bureau of criminal	1964
identification and investigation, except for the state or	1965
political subdivision in which the peace officer, parole officer,	1966
probation officer, bailiff, assistant prosecuting attorney,	1967
correctional employee, community-based correctional facility	1968
employee, youth services employee, firefighter, EMT, or	1969
investigator of the bureau of criminal identification and	1970
investigation resides;	1971

(b) Information compiled from referral to or participation in	1972
an employee assistance program;	1973

(c) The social security number, the residential telephone	1974
number, any bank account, debit card, charge card, or credit card	1975
number, or the emergency telephone number of, or any medical	1976
information pertaining to, a peace officer, parole officer,	1977
probation officer, bailiff, prosecuting attorney, assistant	1978
prosecuting attorney, correctional employee, community-based	1979
correctional facility employee, youth services employee,	1980
firefighter, EMT, or investigator of the bureau of criminal	1981
identification and investigation;	1982

(d) The name of any beneficiary of employment benefits,	1983
including, but not limited to, life insurance benefits, provided	1984
to a peace officer, parole officer, probation officer, bailiff,	1985
prosecuting attorney, assistant prosecuting attorney, correctional	1986
employee, community-based correctional facility employee, youth	1987
services employee, firefighter, EMT, or investigator of the bureau	1988
of criminal identification and investigation by the peace	1989
officer's, parole officer's, probation officer's, bailiff's,	1990
prosecuting attorney's, assistant prosecuting attorney's,	1991
correctional employee's, community-based correctional facility	1992
employee's, youth services employee's, firefighter's, EMT's, or	1993
investigator of the bureau of criminal identification and	1994
investigation's employer;	1995

(e) The identity and amount of any charitable or employment	1996
benefit deduction made by the peace officer's, parole officer's,	1997
probation officer's, bailiff's, prosecuting attorney's, assistant	1998
prosecuting attorney's, correctional employee's, community-based	1999
correctional facility employee's, youth services employee's,	2000
firefighter's, EMT's, or investigator of the bureau of criminal	2001
identification and investigation's employer from the peace	2002
officer's, parole officer's, probation officer's, bailiff's,	2003
prosecuting attorney's, assistant prosecuting attorney's,	2004
correctional employee's, community-based correctional facility	2005
employee's, youth services employee's, firefighter's, EMT's, or	2006
investigator of the bureau of criminal identification and	2007
investigation's compensation unless the amount of the deduction is	2008
required by state or federal law;	2009

(f) The name, the residential address, the name of the	2010
employer, the address of the employer, the social security number,	2011
the residential telephone number, any bank account, debit card,	2012
charge card, or credit card number, or the emergency telephone	2013
number of the spouse, a former spouse, or any child of a peace	2014
officer, parole officer, probation officer, bailiff, prosecuting	2015
attorney, assistant prosecuting attorney, correctional employee,	2016
community-based correctional facility employee, youth services	2017
employee, firefighter, EMT, or investigator of the bureau of	2018
criminal identification and investigation;	2019

(g) A photograph of a peace officer who holds a position or	2020
has an assignment that may include undercover or plain clothes	2021
positions or assignments as determined by the peace officer's	2022
appointing authority.	2023

As used in divisions (A)(7) and (B)(9) of this section,	2024
"peace officer" has the same meaning as in section 109.71 of the	2025
Revised Code and also includes the superintendent and troopers of	2026
the state highway patrol; it does not include the sheriff of a	2027
county or a supervisory employee who, in the absence of the	2028
sheriff, is authorized to stand in for, exercise the authority of,	2029
and perform the duties of the sheriff.	2030

As used in divisions (A)(7) and (B)(9) of this section,	2031
"correctional employee" means any employee of the department of	2032
rehabilitation and correction who in the course of performing the	2033
employee's job duties has or has had contact with inmates and	2034
persons under supervision.	2035

As used in divisions (A)(7) and (B)(9) of this section,	2036
"youth services employee" means any employee of the department of	2037
youth services who in the course of performing the employee's job	2038
duties has or has had contact with children committed to the	2039
custody of the department of youth services.	2040

As used in divisions (A)(7) and (B)(9) of this section,	2041
"firefighter" means any regular, paid or volunteer, member of a	2042
lawfully constituted fire department of a municipal corporation,	2043
township, fire district, or village.	2044

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	2045
means EMTs-basic, EMTs-I, and paramedics that provide emergency	2046
medical services for a public emergency medical service	2047
organization. "Emergency medical service organization,"	2048
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	2049
section 4765.01 of the Revised Code.	2050

As used in divisions (A)(7) and (B)(9) of this section,	2051
"investigator of the bureau of criminal identification and	2052
investigation" has the meaning defined in section 2903.11 of the	2053
Revised Code.	2054

(8) "Information pertaining to the recreational activities of	2055
a person under the age of eighteen" means information that is kept	2056
in the ordinary course of business by a public office, that	2057
pertains to the recreational activities of a person under the age	2058
of eighteen years, and that discloses any of the following:	2059

(a) The address or telephone number of a person under the age	2060
of eighteen or the address or telephone number of that person's	2061
parent, guardian, custodian, or emergency contact person;	2062

(b) The social security number, birth date, or photographic	2063
image of a person under the age of eighteen;	2064

(c) Any medical record, history, or information pertaining to	2065
a person under the age of eighteen;	2066

(d) Any additional information sought or required about a	2067
person under the age of eighteen for the purpose of allowing that	2068
person to participate in any recreational activity conducted or	2069
sponsored by a public office or to use or obtain admission	2070
privileges to any recreational facility owned or operated by a	2071
public office.	2072

(9) "Community control sanction" has the same meaning as in	2073
section 2929.01 of the Revised Code.	2074

(10) "Post-release control sanction" has the same meaning as	2075
in section 2967.01 of the Revised Code.	2076

(11) "Redaction" means obscuring or deleting any information	2077
that is exempt from the duty to permit public inspection or	2078
copying from an item that otherwise meets the definition of a	2079
"record" in section 149.011 of the Revised Code.	2080

(12) "Designee" and "elected official" have the same meanings	2081
as in section 109.43 of the Revised Code.	2082

(B)(1) Upon request and subject to division (B)(8) of this	2083
section, all public records responsive to the request shall be	2084
promptly prepared and made available for inspection to any person	2085
at all reasonable times during regular business hours. Subject to	2086
division (B)(8) of this section, upon request, a public office or	2087
person responsible for public records shall make copies of the	2088
requested public record available at cost and within a reasonable	2089
period of time. If a public record contains information that is	2090
exempt from the duty to permit public inspection or to copy the	2091
public record, the public office or the person responsible for the	2092
public record shall make available all of the information within	2093
the public record that is not exempt. When making that public	2094
record available for public inspection or copying that public	2095
record, the public office or the person responsible for the public	2096
record shall notify the requester of any redaction or make the	2097
redaction plainly visible. A redaction shall be deemed a denial of	2098
a request to inspect or copy the redacted information, except if	2099
federal or state law authorizes or requires a public office to	2100
make the redaction.	2101

(2) To facilitate broader access to public records, a public	2102
office or the person responsible for public records shall organize	2103
and maintain public records in a manner that they can be made	2104
available for inspection or copying in accordance with division	2105
(B) of this section. A public office also shall have available a	2106
copy of its current records retention schedule at a location	2107
readily available to the public. If a requester makes an ambiguous	2108
or overly broad request or has difficulty in making a request for	2109
copies or inspection of public records under this section such	2110
that the public office or the person responsible for the requested	2111
public record cannot reasonably identify what public records are	2112
being requested, the public office or the person responsible for	2113
the requested public record may deny the request but shall provide	2114
the requester with an opportunity to revise the request by	2115
informing the requester of the manner in which records are	2116
maintained by the public office and accessed in the ordinary	2117
course of the public office's or person's duties.	2118

(3) If a request is ultimately denied, in part or in whole,	2119
the public office or the person responsible for the requested	2120
public record shall provide the requester with an explanation,	2121
including legal authority, setting forth why the request was	2122
denied. If the initial request was provided in writing, the	2123
explanation also shall be provided to the requester in writing.	2124
The explanation shall not preclude the public office or the person	2125
responsible for the requested public record from relying upon	2126
additional reasons or legal authority in defending an action	2127
commenced under division (C) of this section.	2128

(4) Unless specifically required or authorized by state or	2129
federal law or in accordance with division (B) of this section, no	2130
public office or person responsible for public records may limit	2131
or condition the availability of public records by requiring	2132
disclosure of the requester's identity or the intended use of the	2133
requested public record. Any requirement that the requester	2134
disclose the requestor's identity or the intended use of the	2135
requested public record constitutes a denial of the request.	2136

(5) A public office or person responsible for public records	2137
may ask a requester to make the request in writing, may ask for	2138
the requester's identity, and may inquire about the intended use	2139
of the information requested, but may do so only after disclosing	2140
to the requester that a written request is not mandatory and that	2141
the requester may decline to reveal the requester's identity or	2142
the intended use and when a written request or disclosure of the	2143
identity or intended use would benefit the requester by enhancing	2144
the ability of the public office or person responsible for public	2145
records to identify, locate, or deliver the public records sought	2146
by the requester.	2147

(6) If any person chooses to obtain a copy of a public record	2148
in accordance with division (B) of this section, the public office	2149
or person responsible for the public record may require that	2150
person to pay in advance the cost involved in providing the copy	2151
of the public record in accordance with the choice made by the	2152
person seeking the copy under this division. The public office or	2153
the person responsible for the public record shall permit that	2154
person to choose to have the public record duplicated upon paper,	2155
upon the same medium upon which the public office or person	2156
responsible for the public record keeps it, or upon any other	2157
medium upon which the public office or person responsible for the	2158
public record determines that it reasonably can be duplicated as	2159
an integral part of the normal operations of the public office or	2160
person responsible for the public record. When the person seeking	2161
the copy makes a choice under this division, the public office or	2162
person responsible for the public record shall provide a copy of	2163
it in accordance with the choice made by the person seeking the	2164
copy. Nothing in this section requires a public office or person	2165
responsible for the public record to allow the person seeking a	2166
copy of the public record to make the copies of the public record.	2167

(7) Upon a request made in accordance with division (B) of	2168
this section and subject to division (B)(6) of this section, a	2169
public office or person responsible for public records shall	2170
transmit a copy of a public record to any person by United States	2171
mail or by any other means of delivery or transmission within a	2172
reasonable period of time after receiving the request for the	2173
copy. The public office or person responsible for the public	2174
record may require the person making the request to pay in advance	2175
the cost of postage if the copy is transmitted by United States	2176
mail or the cost of delivery if the copy is transmitted other than	2177
by United States mail, and to pay in advance the costs incurred	2178
for other supplies used in the mailing, delivery, or transmission.	2179

Any public office may adopt a policy and procedures that it	2180
will follow in transmitting, within a reasonable period of time	2181
after receiving a request, copies of public records by United	2182
States mail or by any other means of delivery or transmission	2183
pursuant to this division. A public office that adopts a policy	2184
and procedures under this division shall comply with them in	2185
performing its duties under this division.	2186

In any policy and procedures adopted under this division, a	2187
public office may limit the number of records requested by a	2188
person that the office will transmit by United States mail to ten	2189
per month, unless the person certifies to the office in writing	2190
that the person does not intend to use or forward the requested	2191
records, or the information contained in them, for commercial	2192
purposes. For purposes of this division, "commercial" shall be	2193
narrowly construed and does not include reporting or gathering	2194
news, reporting or gathering information to assist citizen	2195
oversight or understanding of the operation or activities of	2196
government, or nonprofit educational research.	2197

(8) A public office or person responsible for public records	2198
is not required to permit a person who is incarcerated pursuant to	2199
a criminal conviction or a juvenile adjudication to inspect or to	2200
obtain a copy of any public record concerning a criminal	2201
investigation or prosecution or concerning what would be a	2202
criminal investigation or prosecution if the subject of the	2203
investigation or prosecution were an adult, unless the request to	2204
inspect or to obtain a copy of the record is for the purpose of	2205
acquiring information that is subject to release as a public	2206
record under this section and the judge who imposed the sentence	2207
or made the adjudication with respect to the person, or the	2208
judge's successor in office, finds that the information sought in	2209
the public record is necessary to support what appears to be a	2210
justiciable claim of the person.	2211

(9)(a) Upon written request made and signed by a journalist	2212
on or after December 16, 1999, a public office, or person	2213
responsible for public records, having custody of the records of	2214
the agency employing a specified peace officer, parole officer,	2215
probation officer, bailiff, prosecuting attorney, assistant	2216
prosecuting attorney, correctional employee, community-based	2217
correctional facility employee, youth services employee,	2218
firefighter, EMT, or investigator of the bureau of criminal	2219
identification and investigation shall disclose to the journalist	2220
the address of the actual personal residence of the peace officer,	2221
parole officer, probation officer, bailiff, prosecuting attorney,	2222
assistant prosecuting attorney, correctional employee,	2223
community-based correctional facility employee, youth services	2224
employee, firefighter, EMT, or investigator of the bureau of	2225
criminal identification and investigation and, if the peace	2226
officer's, parole officer's, probation officer's, bailiff's,	2227
prosecuting attorney's, assistant prosecuting attorney's,	2228
correctional employee's, community-based correctional facility	2229
employee's, youth services employee's, firefighter's, EMT's, or	2230
investigator of the bureau of criminal identification and	2231
investigation's spouse, former spouse, or child is employed by a	2232
public office, the name and address of the employer of the peace	2233
officer's, parole officer's, probation officer's, bailiff's,	2234
prosecuting attorney's, assistant prosecuting attorney's,	2235
correctional employee's, community-based correctional facility	2236
employee's, youth services employee's, firefighter's, EMT's, or	2237
investigator of the bureau of criminal identification and	2238
investigation's spouse, former spouse, or child. The request shall	2239
include the journalist's name and title and the name and address	2240
of the journalist's employer and shall state that disclosure of	2241
the information sought would be in the public interest.	2242

(b) Division (B)(9)(a) of this section also applies to	2243
journalist requests for customer information maintained by a	2244
municipally owned or operated public utility, other than social	2245
security numbers and any private financial information such as	2246
credit reports, payment methods, credit card numbers, and bank	2247
account information.	2248

(c) As used in division (B)(9) of this section, "journalist"	2249
means a person engaged in, connected with, or employed by any news	2250
medium, including a newspaper, magazine, press association, news	2251
agency, or wire service, a radio or television station, or a	2252
similar medium, for the purpose of gathering, processing,	2253
transmitting, compiling, editing, or disseminating information for	2254
the general public.	2255

(C)(1) If a person allegedly is aggrieved by the failure of a	2256
public office or the person responsible for public records to	2257
promptly prepare a public record and to make it available to the	2258
person for inspection in accordance with division (B) of this	2259
section or by any other failure of a public office or the person	2260
responsible for public records to comply with an obligation in	2261
accordance with division (B) of this section, the person allegedly	2262
aggrieved may commence a mandamus action to obtain a judgment that	2263
orders the public office or the person responsible for the public	2264
record to comply with division (B) of this section, that awards	2265
court costs and reasonable attorney's fees to the person that	2266
instituted the mandamus action, and, if applicable, that includes	2267
an order fixing statutory damages under division (C)(1) of this	2268
section. The mandamus action may be commenced in the court of	2269
common pleas of the county in which division (B) of this section	2270
allegedly was not complied with, in the supreme court pursuant to	2271
its original jurisdiction under Section 2 of Article IV, Ohio	2272
Constitution, or in the court of appeals for the appellate	2273
district in which division (B) of this section allegedly was not	2274
complied with pursuant to its original jurisdiction under Section	2275
3 of Article IV, Ohio Constitution.	2276

If a requestor transmits a written request by hand delivery	2277
or certified mail to inspect or receive copies of any public	2278
record in a manner that fairly describes the public record or	2279
class of public records to the public office or person responsible	2280
for the requested public records, except as otherwise provided in	2281
this section, the requestor shall be entitled to recover the	2282
amount of statutory damages set forth in this division if a court	2283
determines that the public office or the person responsible for	2284
public records failed to comply with an obligation in accordance	2285
with division (B) of this section.	2286

The amount of statutory damages shall be fixed at one hundred	2287
dollars for each business day during which the public office or	2288
person responsible for the requested public records failed to	2289
comply with an obligation in accordance with division (B) of this	2290
section, beginning with the day on which the requester files a	2291
mandamus action to recover statutory damages, up to a maximum of	2292
one thousand dollars. The award of statutory damages shall not be	2293
construed as a penalty, but as compensation for injury arising	2294
from lost use of the requested information. The existence of this	2295
injury shall be conclusively presumed. The award of statutory	2296
damages shall be in addition to all other remedies authorized by	2297
this section.	2298

The court may reduce an award of statutory damages or not	2299
award statutory damages if the court determines both of the	2300
following:	2301

(a) That, based on the ordinary application of statutory law	2302
and case law as it existed at the time of the conduct or	2303
threatened conduct of the public office or person responsible for	2304
the requested public records that allegedly constitutes a failure	2305
to comply with an obligation in accordance with division (B) of	2306
this section and that was the basis of the mandamus action, a	2307
well-informed public office or person responsible for the	2308
requested public records reasonably would believe that the conduct	2309
or threatened conduct of the public office or person responsible	2310
for the requested public records did not constitute a failure to	2311
comply with an obligation in accordance with division (B) of this	2312
section;	2313

(b) That a well-informed public office or person responsible	2314
for the requested public records reasonably would believe that the	2315
conduct or threatened conduct of the public office or person	2316
responsible for the requested public records would serve the	2317
public policy that underlies the authority that is asserted as	2318
permitting that conduct or threatened conduct.	2319

(2)(a) If the court issues a writ of mandamus that orders the	2320
public office or the person responsible for the public record to	2321
comply with division (B) of this section and determines that the	2322
circumstances described in division (C)(1) of this section exist,	2323
the court shall determine and award to the relator all court	2324
costs.	2325

(b) If the court renders a judgment that orders the public	2326
office or the person responsible for the public record to comply	2327
with division (B) of this section, the court may award reasonable	2328
attorney's fees subject to reduction as described in division	2329
(C)(2)(c) of this section. The court shall award reasonable	2330
attorney's fees, subject to reduction as described in division	2331
(C)(2)(c) of this section when either of the following applies:	2332

(i) The public office or the person responsible for the	2333
public records failed to respond affirmatively or negatively to	2334
the public records request in accordance with the time allowed	2335
under division (B) of this section.	2336

(ii) The public office or the person responsible for the	2337
public records promised to permit the relator to inspect or	2338
receive copies of the public records requested within a specified	2339
period of time but failed to fulfill that promise within that	2340
specified period of time.	2341

(c) Court costs and reasonable attorney's fees awarded under	2342
this section shall be construed as remedial and not punitive.	2343
Reasonable attorney's fees shall include reasonable fees incurred	2344
to produce proof of the reasonableness and amount of the fees and	2345
to otherwise litigate entitlement to the fees. The court may	2346
reduce an award of attorney's fees to the relator or not award	2347
attorney's fees to the relator if the court determines both of the	2348
following:	2349

(i) That, based on the ordinary application of statutory law	2350
and case law as it existed at the time of the conduct or	2351
threatened conduct of the public office or person responsible for	2352
the requested public records that allegedly constitutes a failure	2353
to comply with an obligation in accordance with division (B) of	2354
this section and that was the basis of the mandamus action, a	2355
well-informed public office or person responsible for the	2356
requested public records reasonably would believe that the conduct	2357
or threatened conduct of the public office or person responsible	2358
for the requested public records did not constitute a failure to	2359
comply with an obligation in accordance with division (B) of this	2360
section;	2361

(ii) That a well-informed public office or person responsible	2362
for the requested public records reasonably would believe that the	2363
conduct or threatened conduct of the public office or person	2364
responsible for the requested public records as described in	2365
division (C)(2)(c)(i) of this section would serve the public	2366
policy that underlies the authority that is asserted as permitting	2367
that conduct or threatened conduct.	2368

(D) Chapter 1347. of the Revised Code does not limit the	2369
provisions of this section.	2370

(E)(1) To ensure that all employees of public offices are	2371
appropriately educated about a public office's obligations under	2372
division (B) of this section, all elected officials or their	2373
appropriate designees shall attend training approved by the	2374
attorney general as provided in section 109.43 of the Revised	2375
Code. In addition, all public offices shall adopt a public records	2376
policy in compliance with this section for responding to public	2377
records requests. In adopting a public records policy under this	2378
division, a public office may obtain guidance from the model	2379
public records policy developed and provided to the public office	2380
by the attorney general under section 109.43 of the Revised Code.	2381
Except as otherwise provided in this section, the policy may not	2382
limit the number of public records that the public office will	2383
make available to a single person, may not limit the number of	2384
public records that it will make available during a fixed period	2385
of time, and may not establish a fixed period of time before it	2386
will respond to a request for inspection or copying of public	2387
records, unless that period is less than eight hours.	2388

(2) The public office shall distribute the public records	2389
policy adopted by the public office under division (E)(1) of this	2390
section to the employee of the public office who is the records	2391
custodian or records manager or otherwise has custody of the	2392
records of that office. The public office shall require that	2393
employee to acknowledge receipt of the copy of the public records	2394
policy. The public office shall create a poster that describes its	2395
public records policy and shall post the poster in a conspicuous	2396
place in the public office and in all locations where the public	2397
office has branch offices. The public office may post its public	2398
records policy on the internet web site of the public office if	2399
the public office maintains an internet web site. A public office	2400
that has established a manual or handbook of its general policies	2401
and procedures for all employees of the public office shall	2402
include the public records policy of the public office in the	2403
manual or handbook.	2404

(F)(1) The bureau of motor vehicles may adopt rules pursuant	2405
to Chapter 119. of the Revised Code to reasonably limit the number	2406
of bulk commercial special extraction requests made by a person	2407
for the same records or for updated records during a calendar	2408
year. The rules may include provisions for charges to be made for	2409
bulk commercial special extraction requests for the actual cost of	2410
the bureau, plus special extraction costs, plus ten per cent. The	2411
bureau may charge for expenses for redacting information, the	2412
release of which is prohibited by law.	2413

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

2414

(a) "Actual cost" means the cost of depleted supplies,	2415
records storage media costs, actual mailing and alternative	2416
delivery costs, or other transmitting costs, and any direct	2417
equipment operating and maintenance costs, including actual costs	2418
paid to private contractors for copying services.	2419

(b) "Bulk commercial special extraction request" means a	2420
request for copies of a record for information in a format other	2421
than the format already available, or information that cannot be	2422
extracted without examination of all items in a records series,	2423
class of records, or database by a person who intends to use or	2424
forward the copies for surveys, marketing, solicitation, or resale	2425
for commercial purposes. "Bulk commercial special extraction	2426
request" does not include a request by a person who gives	2427
assurance to the bureau that the person making the request does	2428
not intend to use or forward the requested copies for surveys,	2429
marketing, solicitation, or resale for commercial purposes.	2430

(c) "Commercial" means profit-seeking production, buying, or	2431
selling of any good, service, or other product.	2432

(d) "Special extraction costs" means the cost of the time	2433
spent by the lowest paid employee competent to perform the task,	2434
the actual amount paid to outside private contractors employed by	2435
the bureau, or the actual cost incurred to create computer	2436
programs to make the special extraction. "Special extraction	2437
costs" include any charges paid to a public agency for computer or	2438
records services.	2439

(3) For purposes of divisions (F)(1) and (2) of this section,	2440
"surveys, marketing, solicitation, or resale for commercial	2441
purposes" shall be narrowly construed and does not include	2442
reporting or gathering news, reporting or gathering information to	2443
assist citizen oversight or understanding of the operation or	2444
activities of government, or nonprofit educational research.	2445

Section 4. That the existing version of section 149.43 of the	2446
Revised Code that is scheduled to take effect on March 20, 2015,	2447
is hereby repealed.	2448

Section 5. Sections 3 and 4 of this act shall take effect on	2449
March 20, 2015.	2450

Section 6. There is hereby established a joint committee of	2451
members of the Senate and members of the House of Representatives	2452
to study the manner in which families of homicide victims in this	2453
state can best be supported by government programs, social service	2454
entities, and charitable organizations and the manner and means by	2455
which a court-ordered sentence of death is performed in Ohio,	2456
consistent with judicial precedent. The study shall consider the	2457
issues with respect to both short-term and long-term	2458
considerations.	2459

The Committee shall be comprised of six members. The	2460
President of the Senate and the Speaker of the House of	2461
Representatives shall each appoint two members of their respective	2462
houses to serve on the Committee. The Minority Leader of the	2463
Senate and the Minority Leader of the House of Representatives	2464
shall each appoint one member of their respective houses to serve	2465
on the committee. At their first meeting, the members of the	2466
Committee shall select a Chairperson and Vice-Chairperson. The	2467
Committee shall meet in the same manner, shall be governed by the	2468
rules applicable to, and shall be afforded staffing in the same	2469
manner as standing committees of the Senate and House of	2470
Representatives.	2471

Section 7. (A) As used in this section, "lethal injection"	2472
means the application of a lethal injection of a drug or a	2473
combination of drugs in carrying out a sentence of death.	2474

(B) The intent of the General Assembly in enacting this act	2475
is to protect the identities of persons who assist the Department	2476
of Rehabilitation and Correction in carrying out a court-ordered	2477
sentence of death by lethal injection, in order to protect those	2478
persons from harassment and potential physical harm.	2479

(C) It is the intent of the General Assembly in enacting this	2480
act to enable the Department of Rehabilitation and Correction to	2481
obtain the necessary assistance of persons in carrying out a	2482
court-ordered sentence of death by lethal injection or the drugs	2483
needed to administer such a sentence.	2484