The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 141 As Passed by the House
As Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
| |
Representatives Willamowski, Aslanides, Combs, McGregor, J., Seitz, Perry, Hartnett, Faber, Barrett, Taylor, Gilb, Hagan, Reidelbach, Schaffer, Bubp, Domenick, Evans, C., Flowers, Latta, Otterman, Schneider, Setzer, Smith, G.
A BILLTo amend sections 149.43, 2921.24, 2921.25, and 4501.271 of the Revised Code to give prosecuting attorneys, assistant prosecuting attorneys, and certain correctional and youth services employees the same options as peace officers with respect to confidentiality of certain personal information. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 2921.24, 2921.25, and 4501.271 of the Revised Code be amended to read as follows:
Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2710.03 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace Information incidental to the employment of a peace officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and
familial
information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code; (y) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace (a) Except as otherwise provided in division (A)(7)(b) of this section, "information incidental to the employment of a peace officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any any information maintained in a personnel record of that discloses any of the following about a
peace officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT that
discloses any of the
following:
(i) The address of the actual personal residence of a peace
officer, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT
resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT by
the peace officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or
EMT's
employer from the
peace
officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT. (b) Any record that identifies a person's occupation as Information incidental to the employment of a
peace
officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT other than statements required
to does not
include the
disclosure of that fact
under the campaign
finance
law information contained in records filed in court. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff.
As used in divisions (A)(7) and (B)(5) of this section, "correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision.
As used in divisions (A)(7) and (B)(5) of this section, "youth services employee" means any employee of the department of youth services who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the department of youth services. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT and, if the
peace officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 2921.24. (A) No officer or employee of a law
enforcement agency or court, or of the office of the clerk of any
court, shall disclose during the pendency of any criminal case
the home address of any peace officer, as defined in section
2935.01 of the Revised Code, correctional employee, or youth services employee who is a witness or arresting
officer in the case. (B) Division (A) of this section does not prohibit a peace
officer, correctional employee, or youth services employee from disclosing his the officer's or employee's own home
address, and does not apply
to any person who discloses the home address of a peace officer, correctional employee, or youth services employee
pursuant to a court-ordered disclosure under division (C) of this
section. (C) The court in which any criminal case is pending may
order the disclosure of the home address of any peace officer, correctional employee, or youth services employee who
is a witness or arresting officer in the case, if the court
determines after a written request for the disclosure that good
cause exists for disclosing the home address of the peace
officer or employee. (D) Whoever violates division (A) of this section is
guilty of disclosure of confidential information, a misdemeanor
of the fourth degree.
(E) As used in this section: (1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code. (2) "Correctional employee" and "youth services employee" have the same meanings as in section 149.43 of the Revised Code.
Sec. 2921.25. (A) No judge of a court of record, or mayor presiding over a
mayor's court, shall order a peace officer, as defined in section 2935.01 of
the Revised Code, correctional employee, or youth services employee who is a witness in a criminal case, to disclose his
the officer's or employee's home
address during his the officer's or employee's examination in the case,
unless the judge or mayor
determines that the defendant has a right to the disclosure. (B) As used in this section: (1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code. (2) "Correctional employee" and "youth services employee" have the same meanings as in section 149.43 of the Revised Code.
Sec. 4501.271. (A)(1) A peace officer, correctional employee, or youth services employee may file a written request
with the bureau of motor vehicles to do either or both of the
following: (a) Prohibit disclosure of the peace officer's or employee's residence address
as contained in motor vehicle records of the bureau; (b) Provide a business address to be displayed on the peace
officer's or employee's driver's license or certificate of registration, or
both. (2) The peace officer or employee shall file the request described in division (A)(1) of this section on a form provided
by the registrar of motor vehicles and shall provide any
documentary evidence verifying the person's status as a peace
officer, correctional employee, or youth services employee and the officer's or employee's business address that the registrar requires pursuant
to division (G) of this section. (B)(1) Except as provided in division (C) of this section, if a
peace officer, correctional employee, or youth services employee has filed a request under division (A) of this
section, neither the registrar nor an employee or contractor of the bureau of motor vehicles shall
knowingly disclose the residence address of the peace officer or employee that the bureau obtained in
connection with a motor vehicle record. (2) In accordance with section 149.43 of the Revised Code, the
registrar or an employee or contractor of the bureau shall make available for inspection or copying a motor vehicle record of a peace officer, correctional employee, or youth services employee who has filed a
request under division (A) of this section if the record is a
public record under that section, but shall obliterate the residence
address of the peace officer or employee
from the record before making the record available for inspection or copying.
The business address
of the peace officer or employee may be made available in response to a valid
request under section 149.43 of the Revised Code. (C) Notwithstanding division (B)(2) of section 4501.27 of the
Revised Code, the registrar or an
employee or contractor of the bureau may disclose the residence address of a
peace officer, correctional employee, or youth services employee who
files a request under division (A) of this section only in
accordance with division (B)(1) of section 4501.27 of the Revised
Code or pursuant to a court order. (D) If a peace officer, correctional employee, or youth services employee files a request under division (A)(1)(b)
of this section, the officer shall still provide a residence
address in any application for a driver's license or license
renewal and in any application for a motor vehicle registration or
registration renewal. In accordance with sections 4503.101 and
4507.09 of the Revised Code, an officer or employee shall notify the registrar
of any change in the officer's or employee's residence within ten days after the change
occurs. (E) A certificate of registration issued to a peace officer, correctional employee, or youth services employee who
files a request under division (A)(1)(b) of this section shall
display the business address of the officer. Notwithstanding section
4507.13 of the Revised Code, a driver's license issued to a
peace an officer or employee who files a request under division (A)(1)(b) of this
section shall display the business address of the officer or employee. (F) The registrar may utilize the residence address of a peace
officer, correctional employee, or youth services employee who files a request under division (A)(1)(b) of this
section in carrying out the functions of the bureau of motor
vehicles, including determining
the district of registration for any applicable motor vehicle tax levied
under Chapter 4504. of the Revised Code, determining
whether tailpipe emissions inspections are required, and financial
responsibility verification. (G) The registrar shall adopt rules governing a request for
confidentiality of a peace officer's, correctional employee's, or youth services employee's residence address or use of a business
address, including the
documentary evidence required to verify the person's status as a
peace officer, correctional employee, or youth services employee, the length of time that the request will be valid,
procedures for ensuring that the bureau of motor vehicles receives
notice of any change in a person's status as a peace officer, correctional employee, or youth services employee, and
any other procedures the registrar considers necessary. The rules
of the registrar may require a peace an officer or employee to surrender any certificate of
registration and any driver's license bearing the business address of the
officer or employee and, upon payment of any applicable fees, to receive a
certificate of registration and license bearing the officer's or employee's
residence address, whenever the officer or employee no longer is associated
with that business address. (H) As used in this section: (1) "Motor vehicle record" has the same meaning as in section
4501.27 of the Revised Code. (2) "Peace officer" means those persons described in division
(A)(1), (2), (4), (5), (6), (9), (10), (12), or (13) of section
109.71 of the
Revised
Code, the house sergeant at arms appointed under division
(B)(1) of section 101.311 of the Revised Code, and any assistant sergeant at arms
appointed under division (C)(1) of section 101.311 of the Revised Code. "Peace
officer" includes state
highway patrol troopers but does not include the sheriff of a county or a
supervisory employee who, in the absence of the sheriff, is authorized to
stand
in for, exercise the authority of, and perform the duties of the
sheriff.
(3) "Correctional employee" and "youth services employee" have the same meanings as in section 149.43 of the Revised Code.
Section 2. That existing sections 149.43, 2921.24, 2921.25, and 4501.271 of the Revised Code are hereby repealed. Section 3. Section 149.43 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
|
|