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H. B. No. 301 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Hottinger, Beck
Cosponsors:
Representatives Hackett, Fende, Derickson, Williams, Wachtmann, Combs, Patmon, Blair, Szollosi, Kozlowski
A BILL
To amend section 2921.22 of the Revised Code to
require a parent, legal guardian, or custodian of
a child under the age of thirteen to report to a
law enforcement agency within twenty-four hours
after the child is missing or the parent, legal
guardian, or custodian discovers that the child is
deceased.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2921.22 of the Revised Code be
amended to read as follows:
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 thirteen who acquires knowledge of the child's death
shall knowingly fail to report the child's death to law
enforcement authorities within twenty-four hours 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 thirteen 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 fourth 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, a felony of the
fourth degree.
Section 2. That existing section 2921.22 of the Revised Code
is hereby repealed.
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