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.
|
H. B. No. 197 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Lundy, Mallory, Dodd, Skindell, Williams, S., Miller, Letson, Luckie
A BILL
To amend section 2921.22 and to enact sections 3313.668 and 3314.19 of the Revised Code to provide for the reporting of assaults in public schools to school administrators and law enforcement authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2921.22 be amended and sections 3313.668 and 3314.19 of the Revised Code be enacted to read as follows:
Sec. 2921.22. (A) No person, knowing that a felony has
been
or is being committed, shall knowingly fail to report such
information to law enforcement authorities.
(B) Except for conditions that are within the scope of
division (E) of this section, no
physician,
limited
practitioner, nurse, or other person giving aid to a sick
or injured person
shall
negligently fail to report to law
enforcement authorities any
gunshot or stab wound
treated or observed
by the
physician, limited practitioner, nurse,
or person, or any serious physical
harm to persons that the
physician, limited practitioner, nurse, or
person knows or has
reasonable cause to
believe resulted from an offense of violence.
(C) No person who discovers the body or acquires the first
knowledge of the death of a person shall fail to report the
death
immediately to a physician whom the person knows to be
treating
the deceased for a condition from which death at such
time would
not be unexpected, or to a law enforcement officer,
an ambulance
service,
an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is
believed
to have occurred, or knowledge concerning the death is
obtained.
(D) No person shall fail to provide upon request of the
person to whom
a report required by division (C) of
this section was made, or to any law enforcement officer who has
reasonable cause to assert the authority to investigate the
circumstances surrounding the death, any facts within the
person's
knowledge that may have a bearing on the investigation of the
death.
(E)(1) As used in this division, "burn injury" means any
of
the following:
(a) Second or third degree burns;
(b) Any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of superheated air;
(c) Any burn injury or wound that may result in death;
(d) Any physical harm to persons caused by or as the result
of the use of fireworks, novelties and trick noisemakers, and wire
sparklers, as each is defined by section 3743.01 of the Revised
Code.
(2) No physician, nurse, or limited practitioner who,
outside a hospital, sanitarium, or other medical facility,
attends
or treats a person who has sustained a burn injury
that is
inflicted by an
explosion or other incendiary device or that
shows evidence of
having been inflicted in a violent, malicious,
or criminal manner
shall fail to report the burn injury
immediately to the local
arson, or fire and explosion
investigation, bureau, if there is
a bureau
of this type in
the jurisdiction in
which the person is attended or treated,
or
otherwise to local law
enforcement authorities.
(3) No manager, superintendent, or other person in charge
of
a hospital, sanitarium, or other medical facility in which a
person is attended or treated for any burn injury
that is
inflicted by an
explosion or other incendiary device or that
shows evidence of
having been inflicted in a violent, malicious,
or criminal
manner
shall fail to report the burn injury
immediately to the
local
arson, or fire and explosion
investigation, bureau, if there is
a bureau
of this type in
the jurisdiction
in
which the person is attended or treated, or
otherwise to local
law
enforcement authorities.
(4) No person who is required to report any burn injury
under division (E)(2) or (3) of this section shall fail to file,
within three working days after attending or treating the victim,
a written report of the burn injury with the office of the state
fire marshal. The report shall
comply
with the uniform standard developed by the
state fire marshal
pursuant to division (A)(15) of section 3737.22 of the Revised
Code.
(5) Anyone participating in the making of reports under
division (E) of this section or anyone participating in a
judicial
proceeding resulting from the reports is immune
from any civil or
criminal liability that otherwise might be
incurred or imposed as
a result of such actions. Notwithstanding
section 4731.22 of the
Revised Code, the physician-patient
relationship is not a ground
for excluding evidence regarding a
person's burn injury or the
cause of the burn injury in any
judicial proceeding resulting from
a report submitted
under division (E) of this section.
(F)(1) Any doctor of medicine or osteopathic medicine,
hospital intern or
resident, registered or licensed practical
nurse, psychologist, social worker,
independent social worker,
social work assistant, professional
clinical counselor, or
professional counselor who knows or has reasonable
cause to
believe that a patient or client
has been the victim of domestic
violence, as defined in section 3113.31 of the
Revised Code, shall
note that knowledge or belief and the basis for it in the
patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the
doctor-patient
privilege shall not be a ground for excluding any
information regarding the
report containing the knowledge or
belief noted
under division (F)(1) of
this section,
and the
information may be admitted as evidence in accordance
with
the
Rules of Evidence.
(G)
Divisions (A)
and (D) of this section
do
not require
disclosure of information, when any of the following
applies:
(1) The information is privileged by reason of the
relationship between attorney and client; doctor and
patient;
licensed psychologist or licensed school psychologist
and client;
member of the clergy, rabbi,
minister, or priest and any person
communicating information confidentially to the member of the
clergy, rabbi, minister, or priest for a religious
counseling purpose
of a professional
character;
husband and wife; or a
communications
assistant and those who are a party to
a
telecommunications relay service call.
(2) The information would tend to incriminate a member of
the actor's immediate family.
(3) Disclosure of the information would amount to
revealing
a news source, privileged under section 2739.04 or
2739.12 of the
Revised Code.
(4) Disclosure of the information would amount to
disclosure
by a member of the ordained clergy of an organized religious
body
of a confidential communication made to that member of the clergy
in that member's
capacity as a
member of
the clergy by a person
seeking the aid or counsel of that member
of the clergy.
(5) Disclosure would amount to revealing information
acquired by the actor in the course of the actor's duties in
connection with a bona fide program of treatment or services for
drug
dependent persons or persons in danger of drug dependence,
which
program is maintained or conducted by a hospital, clinic,
person,
agency, or organization certified pursuant to section
3793.06 of
the Revised Code.
(6) Disclosure would amount to revealing information
acquired by the actor in the course of the actor's duties in
connection with a bona fide program for providing counseling
services to
victims of crimes that are violations of section
2907.02 or
2907.05 of the Revised Code or to victims of felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code. As used in this
division, "counseling services"
include services provided in an
informal setting by a person who,
by education or experience, is
competent to provide
those
services.
(7) The actor is an employee of a school district or community school established under Chapter 3314. of the Revised Code or a private school bus operator, as defined in section 3313.668 of the Revised Code, and the information involves an assault that is required to be reported to law enforcement authorities by a district or community school employee other than the actor under section 3313.668 or 3314.19 of the Revised Code.
(H) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence.
(I) Whoever violates division (A) or (B) of this section
is
guilty of failure to report a crime. Violation of division
(A) of
this section is a misdemeanor of the fourth degree.
Violation of
division (B) of this section is a misdemeanor of the
second
degree.
(J) Whoever violates division (C) or (D) of this section
is
guilty of failure to report knowledge of a death, a
misdemeanor of
the fourth degree.
(K)(1) Whoever negligently violates division (E) of this
section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (E) of this
section
is guilty of a misdemeanor of the second degree.
Sec. 3313.668. As used in this section, "private school bus operator" means a school bus operator employed by a private entity to provide transportation services for a school district pursuant to a contract with the district.
(A) Each employee of a school district and each private school bus operator shall immediately report any assault on a student, district employee, or private school bus operator of which the employee or operator is aware and that occurs in or on the premises of a school operated by the district, during a school-sponsored event held off of district property, or on a school bus transporting students, as follows:
(1) If the victim of the assault is a student enrolled in the district, to the principal of the school at which the assault occurred or, if the assault occurred off of district property or on a school bus, to the principal of the school the student attends;
(2) If the victim of the assault is a student enrolled in a community school established under Chapter 3314. of the Revised Code or a nonpublic school, to the principal of any district-operated school;
(3) If the victim of the assault is an employee of the district, to the principal of the school at which the assault occurred or, if the assault occurred off of district property or on a school bus, to the principal of the school at which the employee is employed;
(4) If the victim of the assault is a private school bus operator, to the principal of any district-operated school.
(B) Within twenty-four hours after receiving a report of an assault under division (A) of this section, a principal shall provide a written summary of the incident to the district superintendent. The superintendent shall immediately notify law enforcement authorities of the incident.
(C) If the alleged perpetrator of the assault is a student enrolled in the district, the superintendent or the principal of the student's school shall initiate any disciplinary actions required by the policy adopted by the district board of education under section 3313.661 of the Revised Code.
(D) Within seven school days after receiving a written summary of an incident involving an assault, the superintendent shall notify the district board of the incident, whether law enforcement authorities are conducting an investigation of the incident, and any disciplinary actions that have been taken against the persons involved in the incident.
(E) If a school district employee fails to report an assault as required by division (A) of this section or a principal fails to provide a written summary of an assault to the superintendent as required by division (B) of this section, the superintendent and the board jointly shall determine any disciplinary actions that should be taken against the employee or principal. If a superintendent fails to notify law enforcement authorities of an assault as required by division (B) of this section, the district board shall determine any disciplinary actions that should be taken against the superintendent.
(F) A principal, other school district employee, or private school bus operator who reports an assault, or a superintendent who notifies law enforcement authorities of an assault, in compliance with this section and in good faith shall be individually immune from liability in a civil action for damages arising from the report or notification.
Sec. 3314.19. (A) Each employee of a community school or of a community school's operator shall immediately report to the principal or chief administrative officer of the school any assault on a student or employee of the school or operator of which the employee is aware and that occurs in or on the premises of the school, during a school-sponsored event held off of school property, or on a school bus transporting students enrolled in the school.
(B) After receiving a report of an assault under division (A) of this section, the principal or chief administrative officer shall immediately notify law enforcement authorities of the incident.
(C) If the alleged perpetrator of the assault is a student enrolled in the school, the principal or chief administrative officer shall initiate any disciplinary actions required by the policy adopted by the school's governing authority in accordance with section 3313.661 of the Revised Code.
(D) Within seven school days after receiving a report of an assault, the principal or chief administrative officer shall notify the school's governing authority of the incident, whether law enforcement authorities are conducting an investigation of the incident, and any disciplinary actions that have been taken against the persons involved in the incident.
(E) If a school or operator employee fails to report an assault as required by division (A) of this section or a principal or chief administrative officer fails to notify law enforcement authorities of an assault as required by division (B) of this section, the governing authority of the school shall determine any disciplinary actions that should be taken against the employee, principal, or chief administrative officer.
(F) A school or operator employee who reports an assault, or a principal or chief administrative officer who notifies law enforcement authorities of an assault, in compliance with this section and in good faith shall be individually immune from liability in a civil action for damages arising from the report or notification.
Section 2. That existing section 2921.22 of the Revised Code is hereby repealed.
|
|