| Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the | 9 |
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bureau of criminal identification and investigation, the employees | 10 |
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of the bureau, the Ohio peace officer training commission, or the | 11 |
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employees of the commission make a good faith effort in performing | 12 |
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the duties imposed upon the sheriff, the superintendent, the | 13 |
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bureau's employees, the commission, or the commission's employees | 14 |
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by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the | 15 |
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Revised Code, in addition to the personal immunity provided by | 16 |
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section 9.86 of the Revised Code or division (A)(6) of section | 17 |
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2744.03 of the Revised Code and the governmental immunity of | 18 |
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sections 2744.02 and 2744.03 of the Revised Code and in addition | 19 |
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to any other immunity possessed by the bureau, the commission, and | 20 |
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their employees, the sheriff, the sheriff's office, the county in | 21 |
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which the sheriff has jurisdiction, the bureau, the superintendent | 22 |
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of the bureau, the bureau's employees, the commission, and the | 23 |
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commission's employees are immune from liability in a civil action | 24 |
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for injury, death, or loss to person or property that allegedly | 25 |
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was caused by or related to any of the following: | 26 |
(4) An entity that or instructor who, prior to the effective | 56 |
date of this amendmentMarch 27, 2013, provides a renewed | 57 |
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competency certification of a type described in division (G)(4) of | 58 |
section 2923.125 of the Revised Code as it existed prior to the | 59 |
effective date of this amendmentMarch 27, 2013, is immune from | 60 |
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civil liability that might otherwise be incurred or imposed for | 61 |
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any death or any injury or loss to person or property that is | 62 |
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caused by or related to a person to whom the entity or instructor | 63 |
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has issued the renewed competency certificate if all of the | 64 |
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following apply: | 65 |
| (5) A law enforcement agency that employs a peace officer is | 74 |
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immune from liability in a civil action to recover damages for | 75 |
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injury, death, or loss to person or property allegedly caused by | 76 |
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any act of that peace officer if the act occurred while the peace | 77 |
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officer carried a concealed handgun and was off duty and if the | 78 |
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act allegedly involved the peace officer's use of the concealed | 79 |
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handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised | 80 |
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Code apply to any civil action involving a peace officer's use of | 81 |
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a concealed handgun in the performance of the peace officer's | 82 |
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official duties while the peace officer is off duty. | 83 |
(B)(1) Notwithstanding section 149.43 of the Revised Code, | 84 |
except as provided in division (B)(2) of this section, the records | 85 |
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that a sheriff keeps relative to the issuance, renewal, | 86 |
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suspension, or revocation of a concealed handgun license, | 87 |
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including, but not limited to, completed applications for the | 88 |
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issuance or renewal of a license, completed affidavits submitted | 89 |
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regarding an application for a license on a temporary emergency | 90 |
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basis, reports of criminal records checks and incompetency records | 91 |
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checks under section 311.41 of the Revised Code, and applicants' | 92 |
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social security numbers and fingerprints that are obtained under | 93 |
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division (A) of section 311.41 of the Revised Code, are | 94 |
confidential and are not public records. Except as provided in | 95 |
division (B)(2) of this section, noNo person shall release or | 96 |
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otherwise disseminate records that are confidential under this | 97 |
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division unless required to do so pursuant to a court order. | 98 |
(2)(a) A journalist, on or after April 8, 2004, may submit to | 99 |
a sheriff a signed, written request to view the name, county of | 100 |
residence, and date of birth of each person to whom the sheriff | 101 |
has issued, renewed, or issued a replacement for a concealed | 102 |
handgun license, or a signed, written request to view the name, | 103 |
county of residence, and date of birth of each person for whom the | 104 |
sheriff has suspended or revoked a concealed handgun license. The | 105 |
request shall include the journalist's name and title, shall | 106 |
include the name and address of the journalist's employer, and | 107 |
shall state that disclosure of the information sought would be in | 108 |
the public interest. If a journalist submits a signed, written | 109 |
request to the sheriff to view the information described in this | 110 |
division, the sheriff shall grant the journalist's request. The | 111 |
journalist shall not copy the name, county of residence, or date | 112 |
of birth of each person to or for whom the sheriff has issued, | 113 |
suspended, or revoked a license described in this division. | 114 |
(b) As used in division (B)(2) of this section, "journalist" | 115 |
means a person engaged in, connected with, or employed by any news | 116 |
medium, including a newspaper, magazine, press association, news | 117 |
agency, or wire service, a radio or television station, or a | 118 |
similar medium, for the purpose of gathering, processing, | 119 |
transmitting, compiling, editing, or disseminating information for | 120 |
the general public.
| 121 |
| (C) Each sheriff shall report to the Ohio peace officer | 122 |
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training commission the number of concealed handgun licenses that | 123 |
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the sheriff issued, renewed, suspended, revoked, or denied under | 124 |
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section 2923.125 of the Revised Code during the previous quarter | 125 |
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of the calendar year, the number of applications for those | 126 |
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licenses for which processing was suspended in accordance with | 127 |
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division (D)(3) of section 2923.125 of the Revised Code during the | 128 |
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previous quarter of the calendar year, and the number of concealed | 129 |
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handgun licenses on a temporary emergency basis that the sheriff | 130 |
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issued, suspended, revoked, or denied under section 2923.1213 of | 131 |
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the Revised Code during the previous quarter of the calendar year. | 132 |
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The sheriff shall not include in the report the name or any other | 133 |
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identifying information of an applicant or licensee. The sheriff | 134 |
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shall report that information in a manner that permits the | 135 |
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commission to maintain the statistics described in division (C) of | 136 |
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section 109.731 of the Revised Code and to timely prepare the | 137 |
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statistical report described in that division. The information | 138 |
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that is received by the commission under this division is a public | 139 |
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record kept by the commission for the purposes of section 149.43 | 140 |
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of the Revised Code. | 141 |
| (D) Law enforcement agencies may use the information a | 142 |
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sheriff makes available through the use of the law enforcement | 143 |
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automated data system pursuant to division (H) of section 2923.125 | 144 |
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or division (B)(2) or (D) of section 2923.1213 of the Revised Code | 145 |
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for law enforcement purposes only. The information is confidential | 146 |
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and is not a public record. A person who releases or otherwise | 147 |
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disseminates this information obtained through the law enforcement | 148 |
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automated data system in a manner not described in this division | 149 |
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is guilty of a violation of section 2913.04 of the Revised Code. | 150 |
| (E) Whoever violates division (B) of this section is guilty | 151 |
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of illegal release of confidential concealed handgun license | 152 |
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records, a felony of the fifth degree. In addition to any | 153 |
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penalties imposed under Chapter 2929. of the Revised Code for a | 154 |
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violation of division (B) of this section or a violation of | 155 |
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section 2913.04 of the Revised Code described in division (D) of | 156 |
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this section, if the offender is a sheriff, an employee of a | 157 |
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sheriff, or any other public officer or employee, and if the | 158 |
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violation was willful and deliberate, the offender shall be | 159 |
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subject to a civil fine of one thousand dollars. Any person who is | 160 |
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harmed by a violation of division (B) or (C) of this section or a | 161 |
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violation of section 2913.04 of the Revised Code described in | 162 |
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division (D) of this section has a private cause of action against | 163 |
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the offender for any injury, death, or loss to person or property | 164 |
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that is a proximate result of the violation and may recover court | 165 |
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costs and attorney's fees related to the action. | 166 |