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. 299 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives Stinziano, Anielski
Cosponsors:
Representatives Murray, Yuko, O'Brien, Johnson, DeGeeter, McGregor, Baker, Fende, Slesnick, Goyal, Hackett, Grossman, Blair
A BILL
To amend sections 2921.13 and 2921.22 of the Revised
Code to require a parent, legal guardian, or
custodian of a child under the age of sixteen to
report to a law enforcement agency within
twenty-four hours after the child is missing or
within one hour after the parent, legal guardian,
or custodian discovers that the child is deceased,
to increase penalty for falsification to mislead a
public official, and to specify that the above
provisions are to be known as "Caylee's Law."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2921.13 and 2921.22 of the Revised
Code be amended to read as follows:
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment compensation; Ohio works first; prevention,
retention, and contingency benefits and services; disability
financial assistance; retirement benefits; economic development
assistance, as defined in section 9.66 of the Revised Code; or
other benefits administered by a governmental agency or paid out
of a public treasury.
(5) The statement is made with purpose to secure the issuance
by a governmental agency of a license, permit, authorization,
certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public
or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose to
induce another to extend credit to or employ the offender, to
confer any degree, diploma, certificate of attainment, award of
excellence, or honor on the offender, or to extend to or bestow
upon the offender any other valuable benefit or distinction, when
the person to whom the statement is directed relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within its
jurisdiction, either orally or in a written document, including,
but not limited to, an application, petition, complaint, or other
pleading, or an inventory, account, or report.
(11) The statement is made on an account, form, record,
stamp, label, or other writing that is required by law.
(12) The statement is made in connection with the purchase of
a firearm, as defined in section 2923.11 of the Revised Code, and
in conjunction with the furnishing to the seller of the firearm of
a fictitious or altered driver's or commercial driver's license or
permit, a fictitious or altered identification card, or any other
document that contains false information about the purchaser's
identity.
(13) The statement is made in a document or instrument of
writing that purports to be a judgment, lien, or claim of
indebtedness and is filed or recorded with the secretary of state,
a county recorder, or the clerk of a court of record.
(14) The statement is made in an application filed with a
county sheriff pursuant to section 2923.125 of the Revised Code in
order to obtain or renew a license to carry a concealed handgun or
is made in an affidavit submitted to a county sheriff to obtain a
temporary emergency license to carry a concealed handgun under
section 2923.1213 of the Revised Code.
(15) The statement is required under section 5743.71 of the
Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(B) No person, in connection with the purchase of a firearm,
as defined in section 2923.11 of the Revised Code, shall knowingly
furnish to the seller of the firearm a fictitious or altered
driver's or commercial driver's license or permit, a fictitious or
altered identification card, or any other document that contains
false information about the purchaser's identity.
(C) No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious or altered
document that purports to be certification of the person's
competence in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same fact are
made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty
of falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(3) of this section is
guilty of falsification to mislead a public official, a felony of
the fifth degree.
(3) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in this division, falsification in a theft offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, falsification in a theft offense is a
felony of the fifth degree. If the value of the property or
services stolen is five thousand dollars or more and is less than
one hundred thousand dollars, falsification in a theft offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a theft offense is a felony of the third degree.
(3)(4) Whoever violates division (A)(12) or (B) of this
section is guilty of falsification to purchase a firearm, a felony
of the fifth degree.
(4)(5) Whoever violates division (A)(14) or (C) of this
section is guilty of falsification to obtain a concealed handgun
license, a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to person or property incurred as a result of the commission
of the offense and for reasonable attorney's fees, court costs,
and other expenses incurred as a result of prosecuting the civil
action commenced under this division. A civil action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of this section.
Sec. 2921.22. (A)(1) Except as provided in division (A)(2)
of this section, no person, knowing that a felony has been or is
being committed, shall knowingly fail to report such information
to law enforcement authorities.
(2) No person, knowing that a violation of division (B) of
section 2913.04 of the Revised Code has been, or is being
committed or that the person has received information derived from
such a violation, shall knowingly fail to report the violation 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 (1) Except as provided in division (C)(2) of this
section, 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.
(2) No parent, legal guardian, or custodian of a child under
the age of sixteen who acquires knowledge of the child's death
shall knowingly fail to report the child's death to law
enforcement authorities within one hour after acquiring knowledge
of the child's death.
(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) No parent, legal guardian, or custodian of a child under
the age of sixteen who acquires knowledge that the child is
missing shall knowingly fail to report that the child is missing
to law enforcement authorities within twenty-four hours after
acquiring knowledge that the child is missing.
(H) 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.
(H)(I) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence.
(I)(J) Whoever violates division (A) or (B) of this section
is guilty of failure to report a crime. Violation of division
(A)(1) of this section is a misdemeanor of the fourth degree.
Violation of division (A)(2) or (B) of this section is a
misdemeanor of the second degree.
(J)(K)(1) Whoever violates division (C)(1) or (D) of this
section is guilty of failure to report knowledge of a death, a
misdemeanor of the fourth degree.
(K)(2) Whoever violates division (C)(2) of this section is
guilty of failure to report knowledge of a child's death, a felony
of the third degree.
(L)(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.
(M) Whoever violates division (G) of this section is guilty
of failure to report knowledge of a missing child. If the child
who is the subject of the offense suffered physical harm or was
killed during the period of time the child was missing, failure to
report knowledge of a missing child is a felony of the second
degree. If the child who is the subject of the offense does not
suffer any physical harm during the period of time the child was
missing, failure to report knowledge of a missing child is a
felony of the third degree.
(N) Divisions (C)(2), (G), (K)(2), and (M) of this section
and division (F)(2) of section 2921.13 of the Revised Code enacted
in the act in which these divisions were enacted shall be known as
"Caylee's Law."
Section 2. That existing sections 2921.13 and 2921.22 of the
Revised Code are hereby repealed.
|
|