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S. B. No. 60 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Jordan, Beagle
A BILL
To amend section 2923.129 of the Revised Code to
eliminate the journalist access exception from the
general prohibition on the release of confidential
records relative to the issuance, renewal,
suspension, or revocation of a concealed handgun
license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.129 of the Revised Code be
amended to read as follows:
Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the
bureau of criminal identification and investigation, the employees
of the bureau, the Ohio peace officer training commission, or the
employees of the commission make a good faith effort in performing
the duties imposed upon the sheriff, the superintendent, the
bureau's employees, the commission, or the commission's employees
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the
Revised Code, in addition to the personal immunity provided by
section 9.86 of the Revised Code or division (A)(6) of section
2744.03 of the Revised Code and the governmental immunity of
sections 2744.02 and 2744.03 of the Revised Code and in addition
to any other immunity possessed by the bureau, the commission, and
their employees, the sheriff, the sheriff's office, the county in
which the sheriff has jurisdiction, the bureau, the superintendent
of the bureau, the bureau's employees, the commission, and the
commission's employees are immune from liability in a civil action
for injury, death, or loss to person or property that allegedly
was caused by or related to any of the following:
(a) The issuance, renewal, suspension, or revocation of a
concealed handgun license;
(b) The failure to issue, renew, suspend, or revoke a
concealed handgun license;
(c) Any action or misconduct with a handgun committed by a
licensee.
(2) Any action of a sheriff relating to the issuance,
renewal, suspension, or revocation of a concealed handgun license
shall be considered to be a governmental function for purposes of
Chapter 2744. of the Revised Code.
(3) An entity that or instructor who provides a competency
certification of a type described in division (B)(3) of section
2923.125 of the Revised Code is immune from civil liability that
might otherwise be incurred or imposed for any death or any injury
or loss to person or property that is caused by or related to a
person to whom the entity or instructor has issued the competency
certificate if all of the following apply:
(a) The alleged liability of the entity or instructor relates
to the training provided in the course, class, or program covered
by the competency certificate.
(b) The entity or instructor makes a good faith effort in
determining whether the person has satisfactorily completed the
course, class, or program and makes a good faith effort in
assessing the person in the competency examination conducted
pursuant to division (G)(2) of section 2923.125 of the Revised
Code.
(c) The entity or instructor did not issue the competency
certificate with malicious purpose, in bad faith, or in a wanton
or reckless manner.
(4) An entity that or instructor who, prior to the effective
date of this amendment March 27, 2013, provides a renewed
competency certification of a type described in division (G)(4) of
section 2923.125 of the Revised Code as it existed prior to the
effective date of this amendment March 27, 2013, is immune from
civil liability that might otherwise be incurred or imposed for
any death or any injury or loss to person or property that is
caused by or related to a person to whom the entity or instructor
has issued the renewed competency certificate if all of the
following apply:
(a) The entity or instructor makes a good faith effort in
assessing the person in the physical demonstrations or the
competency examination conducted pursuant to division (G)(4) of
section 2923.125 of the Revised Code as it existed prior to the
effective date of this amendment March 27, 2013.
(b) The entity or instructor did not issue the renewed
competency certificate with malicious purpose, in bad faith, or in
a wanton or reckless manner.
(5) A law enforcement agency that employs a peace officer is
immune from liability in a civil action to recover damages for
injury, death, or loss to person or property allegedly caused by
any act of that peace officer if the act occurred while the peace
officer carried a concealed handgun and was off duty and if the
act allegedly involved the peace officer's use of the concealed
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised
Code apply to any civil action involving a peace officer's use of
a concealed handgun in the performance of the peace officer's
official duties while the peace officer is off duty.
(B)(1) Notwithstanding section 149.43 of the Revised Code,
except as provided in division (B)(2) of this section, the records
that a sheriff keeps relative to the issuance, renewal,
suspension, or revocation of a concealed handgun license,
including, but not limited to, completed applications for the
issuance or renewal of a license, completed affidavits submitted
regarding an application for a license on a temporary emergency
basis, reports of criminal records checks and incompetency records
checks under section 311.41 of the Revised Code, and applicants'
social security numbers and fingerprints that are obtained under
division (A) of section 311.41 of the Revised Code, are
confidential and are not public records. Except as provided in
division (B)(2) of this section, no No person shall release or
otherwise disseminate records that are confidential under this
division unless required to do so pursuant to a court order.
(2)(a) A journalist, on or after April 8, 2004, may submit to
a sheriff a signed, written request to view the name, county of
residence, and date of birth of each person to whom the sheriff
has issued, renewed, or issued a replacement for a concealed
handgun license, or a signed, written request to view the name,
county of residence, and date of birth of each person for whom the
sheriff has suspended or revoked a concealed handgun license. The
request shall include the journalist's name and title, shall
include the name and address of the journalist's employer, and
shall state that disclosure of the information sought would be in
the public interest. If a journalist submits a signed, written
request to the sheriff to view the information described in this
division, the sheriff shall grant the journalist's request. The
journalist shall not copy the name, county of residence, or date
of birth of each person to or for whom the sheriff has issued,
suspended, or revoked a license described in this division.
(b) As used in division (B)(2) 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) Each sheriff shall report to the Ohio peace officer
training commission the number of concealed handgun licenses that
the sheriff issued, renewed, suspended, revoked, or denied under
section 2923.125 of the Revised Code during the previous quarter
of the calendar year, the number of applications for those
licenses for which processing was suspended in accordance with
division (D)(3) of section 2923.125 of the Revised Code during the
previous quarter of the calendar year, and the number of concealed
handgun licenses on a temporary emergency basis that the sheriff
issued, suspended, revoked, or denied under section 2923.1213 of
the Revised Code during the previous quarter of the calendar year.
The sheriff shall not include in the report the name or any other
identifying information of an applicant or licensee. The sheriff
shall report that information in a manner that permits the
commission to maintain the statistics described in division (C) of
section 109.731 of the Revised Code and to timely prepare the
statistical report described in that division. The information
that is received by the commission under this division is a public
record kept by the commission for the purposes of section 149.43
of the Revised Code.
(D) Law enforcement agencies may use the information a
sheriff makes available through the use of the law enforcement
automated data system pursuant to division (H) of section 2923.125
or division (B)(2) or (D) of section 2923.1213 of the Revised Code
for law enforcement purposes only. The information is confidential
and is not a public record. A person who releases or otherwise
disseminates this information obtained through the law enforcement
automated data system in a manner not described in this division
is guilty of a violation of section 2913.04 of the Revised Code.
(E) Whoever violates division (B) of this section is guilty
of illegal release of confidential concealed handgun license
records, a felony of the fifth degree. In addition to any
penalties imposed under Chapter 2929. of the Revised Code for a
violation of division (B) of this section or a violation of
section 2913.04 of the Revised Code described in division (D) of
this section, if the offender is a sheriff, an employee of a
sheriff, or any other public officer or employee, and if the
violation was willful and deliberate, the offender shall be
subject to a civil fine of one thousand dollars. Any person who is
harmed by a violation of division (B) or (C) of this section or a
violation of section 2913.04 of the Revised Code described in
division (D) of this section has a private cause of action against
the offender for any injury, death, or loss to person or property
that is a proximate result of the violation and may recover court
costs and attorney's fees related to the action.
Section 2. That existing section 2923.129 of the Revised Code
is hereby repealed.
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