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H. B. No. 83 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Hagan, Yuko, Williams, B., Harris, Mallory
A BILL
To amend section 2921.22 and to enact sections
3313.668, 3314.39, and 3326.26 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, 3314.39, and 3326.26 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, a
community school established under Chapter 3314. of the Revised
Code, a STEM school established under Chapter 3326. 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, community school, or STEM school
employee other than
the actor under section 3313.668, 3314.39,
or 3326.26 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, a STEM school established under Chapter 3326. 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. 3314.39. (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.
Sec. 3326.26. (A) Each employee of a STEM school shall
immediately report to the chief administrative officer of the
school any
assault on a student or employee of the school 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 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 chief administrative
officer shall
initiate any disciplinary actions required by the
policy adopted
by the school's governing body in accordance
with section
3313.661 of the Revised Code.
(D) Within seven school days after receiving a report of an
assault, the chief administrative officer shall
notify the
school's governing body 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 employee fails to report an
assault as
required by division (A) of this section or a chief administrative
officer fails to notify law enforcement
authorities of an assault
as required by division (B) of this
section, the governing body
of the school shall determine any
disciplinary actions that
should be taken against the employee or chief administrative
officer.
(F) A school employee who reports an assault, or
a 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.
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