To enact sections 2305.236 to 2305.239 of the Revised Code to confer two distinct qualified immunities from tort liability upon a shelter for victims of domestic violence and its directors, owners, trustees, officers, employees, and volunteers for harm that family or household members cause to victims of domestic violence on the shelter's premises, or on premises other than the shelter's premises, under specified circumstances.

Section 1.  That sections 2305.236, 2305.237, 2305.238, and 2305.239 of the Revised Code be enacted to read as follows:

Sec. 2305.236.  As used in sections 2305.236 to 2305.239 of the Revised Code:

(A) "Conduct" means actions or omissions.

(B) "Domestic violence," "family or household member," "shelter," and "shelter for victims of domestic violence" have the same meanings as in section 3113.33 of the Revised Code.

(C) "Harm" means injury, death, or loss to person or property.

(D) "Political subdivision" has the same meaning as in section 2744.01 of the Revised Code.

(E) "Tort action" means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons.

(F) "Volunteer" means an individual who provides any service at a shelter for victims of domestic violence without the expectation of receiving and without receiving any compensation or other form of remuneration, either directly or indirectly, for the provision of the service.

Sec. 2305.237.  (A) Except as provided in division (B) of this section and subject to section 2305.239 of the Revised Code, a shelter for victims of domestic violence and a director, owner, trustee, officer, employee, or volunteer of the shelter are not liable in damages in a tort action for harm that a victim of domestic violence allegedly sustains as a result of tortious conduct of a family or household member of the victim that is committed on the shelter's premises if the family or household member is not a director, owner, trustee, officer, employee, or volunteer of the shelter and if any of the following situations apply:

(1) The family or household member illegally entered and illegally remained on the shelter's premises at the time the family or household member's tortious conduct allegedly caused the harm that the victim of domestic violence sustained on the shelter's premises.

(2) The family or household member legally entered the shelter's premises; a director, owner, trustee, officer, employee, or volunteer of the shelter informed the family or household member to leave the shelter's premises, and took reasonable steps under the circumstances to cause the family or household member to leave the shelter's premises, prior to the family or household member allegedly causing the harm that the victim of domestic violence sustained on the shelter's premises; and, despite those reasonable steps, the family or household member remained on the shelter's premises and committed the tortious conduct that allegedly caused the harm that the victim of domestic violence sustained on the shelter's premises.

(3) The family or household member legally entered the shelter's premises; a director, owner, trustee, officer, employee, or volunteer of the shelter granted the family or household member permission to remain on the shelter's premises after taking either of the following precautionary steps; and, despite taking either of those steps, the family or household member committed the tortious conduct that allegedly caused the harm that the victim of domestic violence sustained on the shelter's premises:

(a) The director, owner, trustee, officer, employee, or volunteer of the shelter inquires, at the time of the entry of the shelter's premises, whether the individual so entering is a family or household member of a victim of domestic violence on the shelter's premises; the individual responds that the individual is not a family or household member of that nature; and the director, owner, trustee, officer, employee, or volunteer, in exercising the reasonable judgment and discretion of a prudent person under similar circumstances, believes that the individual is not a family or household member of that nature.

(b) The director, owner, trustee, officer, employee, or volunteer of the shelter inquires, at the time of the entry of the shelter's premises, whether the individual so entering is a family or household member of a victim of domestic violence on the shelter's premises; the individual responds that the individual is a family or household member of that nature; and the director, owner, trustee, officer, employee, or volunteer, in exercising the reasonable judgment and discretion of a prudent person under similar circumstances, determines that granting the individual permission to remain on the shelter's premises does not appear to pose a threat of harm to the victim of domestic violence.

(B) The immunity from tort liability conferred by division (A) of this section is not available to a shelter for victims of domestic violence or a director, owner, trustee, officer, employee, or volunteer of the shelter if the plaintiff in a tort action establishes, by clear and convincing evidence, that the harm that a victim of domestic violence sustains on the shelter's premises as a result of a family or household member's tortious conduct was contributed to by an action or omission of a director, owner, trustee, officer, employee, or volunteer of the shelter that involves malicious purpose, bad faith, or wanton or reckless conduct. For purposes of this division, reckless conduct includes the release of confidential information that pertains to the victim of domestic violence.

Sec. 2305.238.  (A) Except as provided in division (B) of this section and subject to section 2305.239 of the Revised Code, a shelter for victims of domestic violence and a director, owner, trustee, officer, employee, or volunteer of the shelter are not liable in damages in a tort action for harm that a victim of domestic violence allegedly sustains as a result of tortious conduct of a family or household member of the victim that is committed on premises other than the shelter's premises if the family or household member is not a director, owner, trustee, officer, employee, or volunteer of the shelter and if both of the following apply at the time the family or household member's tortious conduct allegedly causes the harm that the victim sustains on premises other than the shelter's premises:

(1) A director, owner, trustee, officer, employee, or volunteer of the shelter is providing assistance to the victim, including, but not limited to, accompanying the victim to a health care practitioner's or attorney's office.

(2) The director, owner, trustee, officer, employee, or volunteer of the shelter is engaged in the course of that director's, owner's, trustee's, officer's, employee's, or volunteer's employment, official responsibilities, or authorized services for the shelter.

(B) The immunity from tort liability conferred by division (A) of this section is not available to a shelter for victims of domestic violence or a director, owner, trustee, officer, employee, or volunteer of the shelter if the plaintiff in a tort action establishes, by clear and convincing evidence, that the harm that a victim of domestic violence sustains on premises other than the shelter's premises as a result of a family or household member's tortious conduct was contributed to by an action or omission of a director, owner, trustee, officer, employee, or volunteer of the shelter that involves malicious purpose, bad faith, or wanton or reckless conduct. For purposes of this division, reckless conduct includes the release of confidential information that pertains to the victim of domestic violence.

Sec. 2305.239.  (A) Sections 2305.237 and 2305.238 of the Revised Code do not create a new cause of action or substantive legal right against a shelter for victims of domestic violence or a director, owner, trustee, officer, employee, or volunteer of the shelter.

(B) Sections 2305.237 and 2305.238 of the Revised Code do not affect any immunities from civil liability or defenses established under section 2305.234, 2744.02, or 2744.03 or another section of the Revised Code or available at common law to which a shelter for victims of domestic violence, a director, owner, trustee, officer, employee, or volunteer of the shelter, or a political subdivision associated with the shelter may be entitled in connection with alleged tort liability based upon the tortious conduct of third parties or in connection with circumstances not covered by section 2305.237 or 2305.238 of the Revised Code.

Section 2.  Sections 2305.236 to 2305.239 of the Revised Code, as enacted by this act, apply only to causes of action for harm that victims of domestic violence allegedly sustain on or after the effective date of this act on or off the premises of a shelter for victims of domestic violence. With respect to causes of action that are not barred by a statute of limitations and that are for harm that victims of domestic violence allegedly sustained prior to the effective date of this act on or off the premises of a shelter for victims of domestic violence, the liability or immunity from liability of, and defenses available to, the shelter or the director, owner, trustee, officer, employee, or volunteer of the shelter shall be determined as if this act had not been enacted.