As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 167

Representative Murray 

Cosponsors: Representatives Foley, Heard, Slesnick, Domenick, Hagan, Letson, Luckie, Yuko, Weddington, Harris, Boyd, Phillips, Okey, Williams, S., Pillich, Driehaus, Ujvagi, Otterman, Stewart, Belcher, Brown, Celeste, Chandler, DeBose, Dodd, Dyer, Fende, Garland, Garrison, Lundy, Newcomb, Patten, Skindell, Szollosi, Williams, B., Winburn, Yates 

---

A BILL

To amend section 3113.31 and to enact sections 9.131,

1

4113.80 to 4113.84, 5321.171, 5321.172, 5321.173,

2

and 5321.174 of the Revised Code to prohibit an

3

employer or a landlord from discriminating

4

against a victim of domestic violence or

5

stalking; to require a metropolitan housing

6

authority to move a victim of domestic violence or

7

stalking if another unit is available; to prohibit

8

charging a fee when law enforcement officers

9

assist a victim of domestic violence or stalking;

10

to allow a victim of domestic violence or stalking

11

to take unpaid leave for purposes relating to the

12

incident of domestic violence or stalking and to

13

change or have changed the locks to the tenant's

14

dwelling unit, and to permit a victim of domestic

15

violence to terminate a rental agreement.

16

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3113.31 be amended and sections	17
9.131, 4113.80, 4113.81, 4113.82, 4113.83, 4113.84, 5321.171,	18
5321.172, 5321.173, and 5321.174 of the Revised Code be enacted to	19
read as follows:	20

Sec. 9.131.  No county, municipal corporation, or township,	21
nor any law enforcement agency thereof, may charge any victim of	22
domestic violence or stalking or any property owner where such a	23
victim resides for any assistance that law enforcement officers	24
provide to such a victim.	25

As used in this section, "domestic violence" and "stalking"	26
have the same meanings as in section 4113.80 of the Revised Code.	27

Sec. 3113.31.  (A) As used in this section:

28

(1) "Domestic violence" means the occurrence of one or more	29
of the following acts against a family or household member:	30

(a) Attempting to cause or recklessly causing bodily injury;

31

(b) Placing another person by the threat of force in fear of	32
imminent serious physical harm or committing a violation of	33
section 2903.211 or 2911.211 of the Revised Code;	34

(c) Committing any act with respect to a child that would	35
result in the child being an abused child, as defined in section	36
2151.031 of the Revised Code;	37

(d) Committing a sexually oriented offense.

38

(2) "Court" means the domestic relations division of the	39
court of common pleas in counties that have a domestic relations	40
division, and the court of common pleas in counties that do not	41
have a domestic relations division.	42

(3) "Family or household member" means any of the following:

43

(a) Any of the following who is residing with or has resided	44
with the respondent:	45

(i) A spouse, a person living as a spouse, or a former spouse	46
of the respondent;	47

(ii) A parent or a child of the respondent, or another person	48
related by consanguinity or affinity to the respondent;	49

(iii) A parent or a child of a spouse, person living as a	50
spouse, or former spouse of the respondent, or another person	51
related by consanguinity or affinity to a spouse, person living as	52
a spouse, or former spouse of the respondent.	53

(b) The natural parent of any child of whom the respondent is	54
the other natural parent or is the putative other natural parent.	55

(4) "Person living as a spouse" means a person who is living	56
or has lived with the respondent in a common law marital	57
relationship, who otherwise is cohabiting with the respondent, or	58
who otherwise has cohabited with the respondent within five years	59
prior to the date of the alleged occurrence of the act in	60
question.	61

(5) "Victim advocate" means a person who provides support and	62
assistance for a person who files a petition under this section.	63

(6) "Sexually oriented offense" has the same meaning as in	64
section 2950.01 of the Revised Code.	65

(B) The court has jurisdiction over all proceedings under	66
this section. The petitioner's right to relief under this section	67
is not affected by the petitioner's leaving the residence or	68
household to avoid further domestic violence.	69

(C) A person may seek relief under this section on the	70
person's own behalf, or any parent or adult household member may	71
seek relief under this section on behalf of any other family or	72
household member, by filing a petition with the court. The	73
petition shall contain or state:	74

(1) An allegation that the respondent engaged in domestic	75
violence against a family or household member of the respondent,	76
including a description of the nature and extent of the domestic	77
violence;	78

(2) The relationship of the respondent to the petitioner, and	79
to the victim if other than the petitioner;	80

(3) A request for relief under this section.

81

(D)(1) If a person who files a petition pursuant to this	82
section requests an ex parte order, the court shall hold an ex	83
parte hearing on the same day that the petition is filed. The	84
court, for good cause shown at the ex parte hearing, may enter any	85
temporary orders, with or without bond, including, but not limited	86
to, an order described in division (E)(1)(a), (b), or (c) of this	87
section, that the court finds necessary to protect the family or	88
household member from domestic violence. Immediate and present	89
danger of domestic violence to the family or household member	90
constitutes good cause for purposes of this section. Immediate and	91
present danger includes, but is not limited to, situations in	92
which the respondent has threatened the family or household member	93
with bodily harm, in which the respondent has threatened the	94
family or household member with a sexually oriented offense, or in	95
which the respondent previously has been convicted of or pleaded	96
guilty to an offense that constitutes domestic violence against	97
the family or household member.	98

(2)(a) If the court, after an ex parte hearing, issues an	99
order described in division (E)(1)(b) or (c) of this section, the	100
court shall schedule a full hearing for a date that is within	101
seven court days after the ex parte hearing. If any other type of	102
protection order that is authorized under division (E) of this	103
section is issued by the court after an ex parte hearing, the	104
court shall schedule a full hearing for a date that is within ten	105
court days after the ex parte hearing. The court shall give the	106
respondent notice of, and an opportunity to be heard at, the full	107
hearing. The court shall hold the full hearing on the date	108
scheduled under this division unless the court grants a	109
continuance of the hearing in accordance with this division. Under	110
any of the following circumstances or for any of the following	111
reasons, the court may grant a continuance of the full hearing to	112
a reasonable time determined by the court:	113

(i) Prior to the date scheduled for the full hearing under	114
this division, the respondent has not been served with the	115
petition filed pursuant to this section and notice of the full	116
hearing.	117

(ii) The parties consent to the continuance.

118

(iii) The continuance is needed to allow a party to obtain	119
counsel.	120

(iv) The continuance is needed for other good cause.

121

(b) An ex parte order issued under this section does not	122
expire because of a failure to serve notice of the full hearing	123
upon the respondent before the date set for the full hearing under	124
division (D)(2)(a) of this section or because the court grants a	125
continuance under that division.	126

(3) If a person who files a petition pursuant to this section	127
does not request an ex parte order, or if a person requests an ex	128
parte order but the court does not issue an ex parte order after	129
an ex parte hearing, the court shall proceed as in a normal civil	130
action and grant a full hearing on the matter.	131

(E)(1) After an ex parte or full hearing, the court may grant	132
any protection order, with or without bond, or approve any consent	133
agreement to bring about a cessation of domestic violence against	134
the family or household members. The order or agreement may:	135

(a) Direct the respondent to refrain from abusing or from	136
committing sexually oriented offenses against the family or	137
household members;	138

(b) Grant possession of the residence or household to the	139
petitioner or other family or household member, to the exclusion	140
of the respondent, by evicting the respondent, when the residence	141
or household is owned or leased solely by the petitioner or other	142
family or household member, or by ordering the respondent to	143
vacate the premises, when the residence or household is jointly	144
owned or leased by the respondent, and the petitioner or other	145
family or household member;	146

(c) When the respondent has a duty to support the petitioner	147
or other family or household member living in the residence or	148
household and the respondent is the sole owner or lessee of the	149
residence or household, grant possession of the residence or	150
household to the petitioner or other family or household member,	151
to the exclusion of the respondent, by ordering the respondent to	152
vacate the premises, or, in the case of a consent agreement, allow	153
the respondent to provide suitable, alternative housing;	154

(d) Temporarily allocate parental rights and responsibilities	155
for the care of, or establish temporary parenting time rights with	156
regard to, minor children, if no other court has determined, or is	157
determining, the allocation of parental rights and	158
responsibilities for the minor children or parenting time rights;	159

(e) Require the respondent to maintain support, if the	160
respondent customarily provides for or contributes to the support	161
of the family or household member, or if the respondent has a duty	162
to support the petitioner or family or household member;	163

(f) Require the respondent, petitioner, victim of domestic	164
violence, or any combination of those persons, to seek counseling;	165

(g) Require the respondent to refrain from entering the	166
residence, school, business, or place of employment of the	167
petitioner or family or household member;	168

(h) Grant other relief that the court considers equitable and	169
fair, including, but not limited to, ordering the respondent to	170
permit the use of a motor vehicle by the petitioner or other	171
family or household member and the apportionment of household and	172
family personal property.	173

(2) If a protection order has been issued pursuant to this	174
section in a prior action involving the respondent and the	175
petitioner or one or more of the family or household members or	176
victims, the court may include in a protection order that it	177
issues a prohibition against the respondent returning to the	178
residence or household. If it includes a prohibition against the	179
respondent returning to the residence or household in the order,	180
it also shall include in the order provisions of the type	181
described in division (E)(7) of this section. This division does	182
not preclude the court from including in a protection order or	183
consent agreement, in circumstances other than those described in	184
this division, a requirement that the respondent be evicted from	185
or vacate the residence or household or refrain from entering the	186
residence, school, business, or place of employment of the	187
petitioner or a family or household member, and, if the court	188
includes any requirement of that type in an order or agreement,	189
the court also shall include in the order provisions of the type	190
described in division (E)(7) of this section.	191

(3)(a) Any protection order issued or consent agreement	192
approved under this section shall be valid until a date certain,	193
but not later than five years from the date of its issuance or	194
approval unless modified or terminated as provided in division	195
(E)(8) of this section.	196

(b) Subject to the limitation on the duration of an order or	197
agreement set forth in division (E)(3)(a) of this section, any	198
order under division (E)(1)(d) of this section shall terminate on	199
the date that a court in an action for divorce, dissolution of	200
marriage, or legal separation brought by the petitioner or	201
respondent issues an order allocating parental rights and	202
responsibilities for the care of children or on the date that a	203
juvenile court in an action brought by the petitioner or	204
respondent issues an order awarding legal custody of minor	205
children. Subject to the limitation on the duration of an order or	206
agreement set forth in division (E)(3)(a) of this section, any	207
order under division (E)(1)(e) of this section shall terminate on	208
the date that a court in an action for divorce, dissolution of	209
marriage, or legal separation brought by the petitioner or	210
respondent issues a support order or on the date that a juvenile	211
court in an action brought by the petitioner or respondent issues	212
a support order.	213

(c) Any protection order issued or consent agreement approved	214
pursuant to this section may be renewed in the same manner as the	215
original order or agreement was issued or approved.	216

(4) A court may not issue a protection order that requires a	217
petitioner to do or to refrain from doing an act that the court	218
may require a respondent to do or to refrain from doing under	219
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	220
section unless all of the following apply:	221

(a) The respondent files a separate petition for a protection	222
order in accordance with this section.	223

(b) The petitioner is served notice of the respondent's	224
petition at least forty-eight hours before the court holds a	225
hearing with respect to the respondent's petition, or the	226
petitioner waives the right to receive this notice.	227

(c) If the petitioner has requested an ex parte order	228
pursuant to division (D) of this section, the court does not delay	229
any hearing required by that division beyond the time specified in	230
that division in order to consolidate the hearing with a hearing	231
on the petition filed by the respondent.	232

(d) After a full hearing at which the respondent presents	233
evidence in support of the request for a protection order and the	234
petitioner is afforded an opportunity to defend against that	235
evidence, the court determines that the petitioner has committed	236
an act of domestic violence or has violated a temporary protection	237
order issued pursuant to section 2919.26 of the Revised Code, that	238
both the petitioner and the respondent acted primarily as	239
aggressors, and that neither the petitioner nor the respondent	240
acted primarily in self-defense.	241

(5) No protection order issued or consent agreement approved	242
under this section shall in any manner affect title to any real	243
property.	244

(6)(a) If a petitioner, or the child of a petitioner, who	245
obtains a protection order or consent agreement pursuant to	246
division (E)(1) of this section or a temporary protection order	247
pursuant to section 2919.26 of the Revised Code and is the subject	248
of a parenting time order issued pursuant to section 3109.051 or	249
3109.12 of the Revised Code or a visitation or companionship order	250
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	251
Revised Code or division (E)(1)(d) of this section granting	252
parenting time rights to the respondent, the court may require the	253
public children services agency of the county in which the court	254
is located to provide supervision of the respondent's exercise of	255
parenting time or visitation or companionship rights with respect	256
to the child for a period not to exceed nine months, if the court	257
makes the following findings of fact:	258

(i) The child is in danger from the respondent;

259

(ii) No other person or agency is available to provide the	260
supervision.	261

(b) A court that requires an agency to provide supervision	262
pursuant to division (E)(6)(a) of this section shall order the	263
respondent to reimburse the agency for the cost of providing the	264
supervision, if it determines that the respondent has sufficient	265
income or resources to pay that cost.	266

(7)(a) If a protection order issued or consent agreement	267
approved under this section includes a requirement that the	268
respondent be evicted from or vacate the residence or household or	269
refrain from entering the residence, school, business, or place of	270
employment of the petitioner or a family or household member, the	271
order or agreement shall state clearly that the order or agreement	272
cannot be waived or nullified by an invitation to the respondent	273
from the petitioner or other family or household member to enter	274
the residence, school, business, or place of employment or by the	275
respondent's entry into one of those places otherwise upon the	276
consent of the petitioner or other family or household member. The	277
petitioner may submit a copy of any order the court issues under	278
this section to the landlord or owner of the property where the	279
respondent resides.	280

(b) Division (E)(7)(a) of this section does not limit any	281
discretion of a court to determine that a respondent charged with	282
a violation of section 2919.27 of the Revised Code, with a	283
violation of a municipal ordinance substantially equivalent to	284
that section, or with contempt of court, which charge is based on	285
an alleged violation of a protection order issued or consent	286
agreement approved under this section, did not commit the	287
violation or was not in contempt of court.	288

(8)(a) The court may modify or terminate as provided in	289
division (E)(8) of this section a protection order or consent	290
agreement that was issued after a full hearing under this section.	291
The court that issued the protection order or approved the consent	292
agreement shall hear a motion for modification or termination of	293
the protection order or consent agreement pursuant to division	294
(E)(8) of this section.	295

(b) Either the petitioner or the respondent of the original	296
protection order or consent agreement may bring a motion for	297
modification or termination of a protection order or consent	298
agreement that was issued or approved after a full hearing. The	299
court shall require notice of the motion to be made as provided by	300
the Rules of Civil Procedure. If the petitioner for the original	301
protection order or consent agreement has requested that the	302
petitioner's address be kept confidential, the court shall not	303
disclose the address to the respondent of the original protection	304
order or consent agreement or any other person, except as	305
otherwise required by law. The moving party has the burden of	306
proof to show, by a preponderance of the evidence, that	307
modification or termination of the protection order or consent	308
agreement is appropriate because either the protection order or	309
consent agreement is no longer needed or because the terms of the	310
original protection order or consent agreement are no longer	311
appropriate.	312

(c) In considering whether to modify or terminate a	313
protection order or consent agreement issued or approved under	314
this section, the court shall consider all relevant factors,	315
including, but not limited to, the following:	316

(i) Whether the petitioner consents to modification or	317
termination of the protection order or consent agreement;	318

(ii) Whether the petitioner fears the respondent;

319

(iii) The current nature of the relationship between the	320
petitioner and the respondent;	321

(iv) The circumstances of the petitioner and respondent,	322
including the relative proximity of the petitioner's and	323
respondent's workplaces and residences and whether the petitioner	324
and respondent have minor children together;	325

(v) Whether the respondent has complied with the terms and	326
conditions of the original protection order or consent agreement;	327

(vi) Whether the respondent has a continuing involvement with	328
illegal drugs or alcohol;	329

(vii) Whether the respondent has been convicted of or pleaded	330
guilty to an offense of violence since the issuance of the	331
protection order or approval of the consent agreement;	332

(viii) Whether any other protection orders, consent	333
agreements, restraining orders, or no contact orders have been	334
issued against the respondent pursuant to this section, section	335
2919.26 of the Revised Code, any other provision of state law, or	336
the law of any other state;	337

(ix) Whether the respondent has participated in any domestic	338
violence treatment, intervention program, or other counseling	339
addressing domestic violence and whether the respondent has	340
completed the treatment, program, or counseling;	341

(x) The time that has elapsed since the protection order was	342
issued or since the consent agreement was approved;	343

(xi) The age and health of the respondent;

344

(xii) When the last incident of abuse, threat of harm, or	345
commission of a sexually oriented offense occurred or other	346
relevant information concerning the safety and protection of the	347
petitioner or other protected parties.	348

(d) If a protection order or consent agreement is modified or	349
terminated as provided in division (E)(8) of this section, the	350
court shall issue copies of the modified or terminated order or	351
agreement as provided in division (F) of this section. A	352
petitioner may also provide notice of the modification or	353
termination to the judicial and law enforcement officials in any	354
county other than the county in which the order or agreement is	355
modified or terminated as provided in division (N) of this	356
section.	357

(e) If the respondent moves for modification or termination	358
of a protection order or consent agreement pursuant to this	359
section, the court may assess costs against the respondent for the	360
filing of the motion.	361

(F)(1) A copy of any protection order, or consent agreement,	362
that is issued, approved, modified, or terminated under this	363
section shall be issued by the court to the petitioner, to the	364
respondent, and to all law enforcement agencies that have	365
jurisdiction to enforce the order or agreement. The court shall	366
direct that a copy of an order be delivered to the respondent on	367
the same day that the order is entered.	368

(2) Upon the issuance of a protection order or the approval	369
of a consent agreement under this section, the court shall provide	370
the parties to the order or agreement with the following notice	371
orally or by form:	372

"NOTICE	373

As a result of this order or consent agreement, it may be	374
unlawful for you to possess or purchase a firearm, including a	375
rifle, pistol, or revolver, or ammunition pursuant to federal law	376
under 18 U.S.C. 922(g)(8). If you have any questions whether this	377
law makes it illegal for you to possess or purchase a firearm or	378
ammunition, you should consult an attorney."	379

(3) All law enforcement agencies shall establish and maintain	380
an index for the protection orders and the approved consent	381
agreements delivered to the agencies pursuant to division (F)(1)	382
of this section. With respect to each order and consent agreement	383
delivered, each agency shall note on the index the date and time	384
that it received the order or consent agreement.	385

(4) Regardless of whether the petitioner has registered the	386
order or agreement in the county in which the officer's agency has	387
jurisdiction pursuant to division (N) of this section, any officer	388
of a law enforcement agency shall enforce a protection order	389
issued or consent agreement approved by any court in this state in	390
accordance with the provisions of the order or agreement,	391
including removing the respondent from the premises, if	392
appropriate.	393

(G) Any proceeding under this section shall be conducted in	394
accordance with the Rules of Civil Procedure, except that an order	395
under this section may be obtained with or without bond. An order	396
issued under this section, other than an ex parte order, that	397
grants a protection order or approves a consent agreement, that	398
refuses to grant a protection order or approve a consent agreement	399
that modifies or terminates a protection order or consent	400
agreement, or that refuses to modify or terminate a protection	401
order or consent agreement, is a final, appealable order. The	402
remedies and procedures provided in this section are in addition	403
to, and not in lieu of, any other available civil or criminal	404
remedies.	405

(H) The filing of proceedings under this section does not	406
excuse a person from filing any report or giving any notice	407
required by section 2151.421 of the Revised Code or by any other	408
law. When a petition under this section alleges domestic violence	409
against minor children, the court shall report the fact, or cause	410
reports to be made, to a county, township, or municipal peace	411
officer under section 2151.421 of the Revised Code.	412

(I) Any law enforcement agency that investigates a domestic	413
dispute shall provide information to the family or household	414
members involved regarding the relief available under this section	415
and section 2919.26 of the Revised Code.	416

(J) Notwithstanding any provision of law to the contrary and	417
regardless of whether a protection order is issued or a consent	418
agreement is approved by a court of another county or a court of	419
another state, no court or unit of state or local government shall	420
charge any fee, cost, deposit, or money in connection with the	421
filing of a petition pursuant to this section or in connection	422
with the filing, issuance, registration, or service of a	423
protection order or consent agreement, or for obtaining a	424
certified copy of a protection order or consent agreement.	425

(K)(1) The court shall comply with Chapters 3119., 3121.,	426
3123., and 3125. of the Revised Code when it makes or modifies an	427
order for child support under this section.	428

(2) If any person required to pay child support under an	429
order made under this section on or after April 15, 1985, or	430
modified under this section on or after December 31, 1986, is	431
found in contempt of court for failure to make support payments	432
under the order, the court that makes the finding, in addition to	433
any other penalty or remedy imposed, shall assess all court costs	434
arising out of the contempt proceeding against the person and	435
require the person to pay any reasonable attorney's fees of any	436
adverse party, as determined by the court, that arose in relation	437
to the act of contempt.	438

(L)(1) A person who violates a protection order issued or a	439
consent agreement approved under this section is subject to the	440
following sanctions:	441

(a) Criminal prosecution for a violation of section 2919.27	442
of the Revised Code, if the violation of the protection order or	443
consent agreement constitutes a violation of that section;	444

(b) Punishment for contempt of court.

445

(2) The punishment of a person for contempt of court for	446
violation of a protection order issued or a consent agreement	447
approved under this section does not bar criminal prosecution of	448
the person for a violation of section 2919.27 of the Revised Code.	449
However, a person punished for contempt of court is entitled to	450
credit for the punishment imposed upon conviction of a violation	451
of that section, and a person convicted of a violation of that	452
section shall not subsequently be punished for contempt of court	453
arising out of the same activity.	454

(M) In all stages of a proceeding under this section, a	455
petitioner may be accompanied by a victim advocate.	456

(N)(1) A petitioner who obtains a protection order or consent	457
agreement under this section or a temporary protection order under	458
section 2919.26 of the Revised Code may provide notice of the	459
issuance or approval of the order or agreement to the judicial and	460
law enforcement officials in any county other than the county in	461
which the order is issued or the agreement is approved by	462
registering that order or agreement in the other county pursuant	463
to division (N)(2) of this section and filing a copy of the	464
registered order or registered agreement with a law enforcement	465
agency in the other county in accordance with that division. A	466
person who obtains a protection order issued by a court of another	467
state may provide notice of the issuance of the order to the	468
judicial and law enforcement officials in any county of this state	469
by registering the order in that county pursuant to section	470
2919.272 of the Revised Code and filing a copy of the registered	471
order with a law enforcement agency in that county.	472

(2) A petitioner may register a temporary protection order,	473
protection order, or consent agreement in a county other than the	474
county in which the court that issued the order or approved the	475
agreement is located in the following manner:	476

(a) The petitioner shall obtain a certified copy of the order	477
or agreement from the clerk of the court that issued the order or	478
approved the agreement and present that certified copy to the	479
clerk of the court of common pleas or the clerk of a municipal	480
court or county court in the county in which the order or	481
agreement is to be registered.	482

(b) Upon accepting the certified copy of the order or	483
agreement for registration, the clerk of the court of common	484
pleas, municipal court, or county court shall place an endorsement	485
of registration on the order or agreement and give the petitioner	486
a copy of the order or agreement that bears that proof of	487
registration.	488

(3) The clerk of each court of common pleas, the clerk of	489
each municipal court, and the clerk of each county court shall	490
maintain a registry of certified copies of temporary protection	491
orders, protection orders, or consent agreements that have been	492
issued or approved by courts in other counties and that have been	493
registered with the clerk.	494

Sec. 4113.80.  As used in this section and sections 4113.81	495
to 4113.84 of the Revised Code:	496

(A) "Domestic violence" has the same meaning as in section	497
3113.31 of the Revised Code.	498

(B) "Employee" has the same meaning as in section 4113.51 of	499
the Revised Code.	500

(C) "Employer" includes both of the following:

501

(1) The state or any agency or instrumentality of the state,	502
and any municipal corporation, county, township, school district,	503
or other political subdivision or any agency or instrumentality	504
thereof;	505

(2) Any person, firm, corporation, agent, manager, or	506
representative not described in division (C)(1) of this section	507
that has control or custody of twenty-five or more employees.	508

(D) "Stalking" means a pattern of conduct that section	509
2903.211 of the Revised Code prohibits.	510

Sec. 4113.81.  No employer shall knowingly do any of the	511
following:	512

(A) Discharge, fail to hire, or otherwise discriminate or	513
retaliate against an individual or an employee of the employer	514
because the individual or employee is perceived to be or is a	515
victim of domestic violence or stalking;	516

(B) Take an adverse employment action against an employee	517
based on any disruption or threatened disruption in the workplace	518
caused by another individual who has committed or threatens to	519
commit domestic violence or stalking against the employee;	520

(C) Take an adverse employment action against an employee	521
because the employee made a written request for a reasonable	522
accommodation regardless of whether the employer granted that	523
request;	524

(D) Discharge or otherwise discriminate or retaliate against	525
an employee who uses unpaid leave in accordance with section	526
4113.83 of the Revised Code.	527

Sec. 4113.82. (A)(1) Except as otherwise provided in division	528
(A)(2) of this section, an employer shall make reasonable	529
accommodations for an employee who is known to be a victim of	530
domestic violence when necessary to enable that employee to	531
perform the essential functions of the employee's job without	532
posing a significant risk of substantial harm to the safety of the	533
employee or others.	534

(2) An employer is not required to make a reasonable	535
accommodation pursuant to division (A)(1) of this section if the	536
employer demonstrates that the accommodation would impose an undue	537
hardship. As used in this division, an accommodation that imposes	538
undue hardship means an accommodation that is unduly difficult to	539
make or imposes a significant expense on the employer.	540

(B) Except to the extent that an employer reasonably	541
believes it is necessary to share information for the safety of an	542
employee or other persons, an employer shall hold as confidential	543
any information that the employer receives from an individual or	544
employee under sections 4113.80 to 4113.84 of the Revised Code	545
unless the individual or the employee gives written consent to	546
allow the employer to share the information. If the employer is a	547
public office, such records are not public records for purposes of	548
section 149.43 of the Revised Code.	549

(C) An employer is not liable for any good faith violation of	550
the confidentiality requirement this section establishes.	551

Sec. 4113.83.  (A)(1) An employer shall grant an employee	552
leave related to incidents of domestic violence or stalking as	553
described in division (B)(1) of this section in the same manner	554
and pursuant to the same procedures as under the "Family and	555
Medical Leave Act of 1993," Pub. L. No. 103-3, 107 Stat. 6, 29	556
U.S.C. 2601. Leave provided pursuant to sections 4113.80 to	557
4113.83 of the Revised Code is deemed to be the equivalent of	558
family medical leave pursuant to the Family and Medical Leave Act	559
of 1993.	560

(2) The director of commerce shall adopt rules in accordance	561
with Chapter 119. of the Revised Code governing leave for purposes	562
related to domestic violence and stalking. The rules shall treat	563
such leave in a manner equivalent to medical leave under the	564
"Family and Medical Leave Act of 1993" and consistent with	565
sections 4113.80 to 4113.84 of the Revised Code.	566

(B)(1) Subject to division (D) of this section, an employee	567
who is a victim of domestic violence or stalking may take a	568
maximum of ten days per year of unpaid leave without the approval	569
of the employee's employer to do any of the following:	570

(a) Attend a court proceeding concerning a civil protection	571
order under section 2903.214 or 3113.31 of the Revised Code, or	572
other injunctive relief for the employee's self or the employee's	573
child;	574

(b) Seek emergency medical attention related to an incident	575
of domestic violence or stalking;	576

(c) Obtain a temporary protection order or a no-contact order	577
issued under section 2919.26 of the Revised Code, a criminal	578
protection order issued under section 2903.213 of the Revised	579
Code, or a protection order or no-contact order issued under any	580
substantially similar law of another state or a substantially	581
similar municipal ordinance of this state or another state.	582

(2) An employee shall provide the employee's employer with as	583
much advance notice as practicable before taking any unpaid leave	584
that division (B)(1) of this section allows.	585

(C)(1) To the extent that it is impossible for an employee to	586
schedule appointments outside the employee's working hours, with	587
notice to the employer that is reasonable in light of the	588
employer's workplace needs, an employee may take unpaid leave to	589
do any of the following:	590

(a) Seek nonemergency medical attention related to the	591
incident of domestic violence or stalking;	592

(b) Meet with law enforcement officers with respect to an	593
incident of domestic violence or stalking;	594

(c) Seek legal assistance or other assistance from a	595
counselor, social worker, victim advocate, health care provider,	596
or other professional who assists persons in dealing with an	597
incident of domestic violence or stalking;	598

(d) Attend a criminal court proceeding relating to the	599
prosecution of the incident of domestic violence or stalking.	600

(2) An employee who takes unpaid leave pursuant to division	601
(C)(1) of this section shall provide the employer as much advance	602
notice of that leave as possible. The employee shall make	603
reasonable efforts when possible to address matters related to	604
domestic violence or stalking during non-work hours. The employee	605
shall provide notice as soon as the employee knows of the need for	606
the leave and when an appointment for that leave has been	607
scheduled. In no case shall the employee provide notice any later	608
than the start of the employee's shift or the beginning of the	609
employee's work day.	610

(D)(1) An employer may require an employee who takes unpaid	611
leave pursuant to this section to provide documentation of the	612
domestic violence or stalking. The employee may satisfy the	613
documentation requirement by providing the employer with any of	614
the following:	615

(a) If the leave is to attend a court proceeding described in	616
division (B)(1)(a) or (C)(1)(d) of this section, documentation of	617
that proceeding from the court, the docket, pleadings, subpoenas,	618
the prosecutor, the victim's attorney, or a registered victim	619
advocate;	620

(b) If the leave is for medical purposes, documentation	621
supporting the fact of treatment by the health care provider;	622

(c) If the leave is to meet with a law enforcement officer or	623
a prosecutor, documentation of that meeting from the officer or	624
prosecutor;	625

(d) If the leave is to meet with counsel, an attorney, or	626
other person providing assistance or services, documentation of	627
that meeting from the counsel, attorney, or person providing the	628
assistance or services.	629

(2) An employer who requires documentation of domestic	630
violence or stalking shall grant the employee a reasonable	631
period of time to provide the documentation. If an employee fails	632
to supply the documentation within that time period, the employer	633
may discharge or otherwise discipline the employee for taking the	634
unpaid leave without the approval of the employer.	635

Sec. 4113.84. (A) An employee who is injured by an employer's	636
violation of section 4113.81 of the Revised Code or an individual	637
who was not hired or otherwise was discriminated against by an	638
employer in violation of division (A) of section 4113.81 of the	639
Revised Code may bring a civil action in a court of competent	640
jurisdiction and may be awarded any relief that the Ohio civil	641
rights commission could order under division (G)(1) of section	642
4112.05 of the Revised Code for an unlawful discriminatory	643
practice in employment. Each violation constitutes a separate	644
violation.	645

(B) An individual or employee may receive relief under this	646
section only for an adverse employment action arising from the	647
employer's violation of section 4113.81 of the Revised Code. This	648
section creates no new liability to the employer for the conduct	649
by another who commits or threatens to commit domestic violence or	650
stalking against the employee or any other person.	651

(C) An individual or an employee does not need to demonstrate	652
that another individual has been charged with or convicted of a	653
violation that would constitute domestic violence or stalking, a	654
violation of section 2903.211 or 2911.211 of the Revised Code, a	655
substantially similar law of another state, or a substantially	656
similar municipal ordinance of this state or another state to	657
bring an action under this section.	658

Sec. 5321.171.  (A) As used in this section and sections	659
5321.172 and 5321.173 of the Revised Code:	660

(1) "Stalking" has the same meaning as in section 4113.80 of	661
the Revised Code.	662

(2) "Domestic violence" has the same meaning as in section	663
3113.31 of the Revised Code.	664

(3) "Household member" means an individual who meets both of	665
the following requirements:	666

(a) The individual is one of the following:

667

(i) The tenant's parent, child, spouse, or person living as a	668
spouse.	669

(ii) The parent or child of the tenant's spouse or former	670
spouse;	671

(iii) The parent or child of a person living as a spouse of	672
the tenant.	673

(iv) An individual otherwise related by consanguinity or	674
affinity to the tenant.	675

(b) The individual is a minor, was a minor child of the	676
tenant previously residing in the household, or an adult who	677
notified the landlord within thirty days after entering the	678
tenant's household that the individual is occupying the tenant's	679
housing unit as the individual's usual place of residence.	680

(B)(1) A tenant may terminate a rental agreement or have the	681
tenant's name removed from the rental agreement as a cotenant if	682
that tenant, or a household member of that tenant, is a victim of	683
domestic violence. To terminate a rental agreement or to remove	684
the tenant's name as a cotenant from the agreement, the tenant	685
shall notify the landlord in writing that the tenant or household	686
member is a victim of domestic violence and shall supply the	687
landlord with any of the following:	688

(a) A civil protection order issued after a full hearing	689
under section 2903.214 or 3113.31 of the Revised Code or a consent	690
agreement approved under section 3113.31 of the Revised Code;	691

(b) A temporary protection order or a no-contact order issued	692
under section 2919.26 of the Revised Code, a criminal protection	693
order issued under section 2903.213 of the Revised Code, or a	694
protection order or no-contact order issued under any	695
substantially similar law of another state or a substantially	696
similar municipal ordinance of this state or another state;	697

(c) Medical documentation describing the incident of domestic	698
violence;	699

(d) A sworn, notarized statement provided by a counselor,	700
social worker, victim advocate, health care provider, or other	701
professional who assists or has assisted the tenant or household	702
member in dealing with the incident of domestic violence.	703

(2) A tenant shall give the landlord the written notice this	704
section requires within ninety days after the incident of domestic	705
violence. The tenant and landlord shall terminate the rental	706
agreement, or the landlord shall remove the tenant's name from the	707
rental agreement, by a mutually agreed upon date, not to exceed	708
thirty days after the date the tenant gives the required notice.	709
If the tenant and landlord do not agree on a date to terminate the	710
rental agreement or remove the tenant's name from the agreement,	711
the rental agreement shall terminate or the landlord shall remove	712
the tenant's name from the rental agreement thirty days after the	713
tenant gives the required notice.	714

(3) At any time within thirty days after a tenant having the	715
tenant's name removed from a rental agreement for which there is	716
at least one cotenant, the landlord may terminate the rental	717
agreement as to any or all cotenants.	718

(4) A tenant who terminates a rental agreement or removes the	719
tenant's name from a rental agreement is liable for the tenant's	720
share of rent, prorated up to the date of the termination of the	721
rental agreement or the removal of the tenant's name from the	722
rental agreement, and is entitled to the return of the tenant's	723
share of any security deposit as section 5321.16 of the Revised	724
Code provides.	725

(C) In response to a request to terminate a rental agreement	726
or remove the tenant's name from a rental agreement pursuant to	727
division (B) of this section, a landlord may offer the tenant an	728
opportunity to rent another unit at the location that is	729
sufficiently distant from the tenant's current unit. Whether to	730
accept that offer is at the tenant's discretion.	731

(D) No landlord shall knowingly terminate a tenancy because	732
of the status of a tenant or household member as a victim of	733
domestic violence or stalking, because the tenant or a household	734
member requested emergency services as such a victim, or because	735
the tenant previously terminated a rental agreement in	736
accordance with this section.	737

(E) A tenant who is injured by a landlord's violation of	738
division (D) of this section may recover damages in the amount of	739
five hundred dollars or a greater amount if the tenant	740
demonstrates that the actual expenses incurred by the tenant are	741
higher than five hundred dollars, plus reasonable attorney's fees.	742

(F) A landlord does not incur any additional duty of care for	743
a tenant the landlord accommodates pursuant to this section and	744
section 5321.172 of the Revised Code, and the landlord gains no	745
new or additional liability for any third party act that occurs	746
after an accommodation the landlord makes pursuant to those	747
sections.	748

Sec. 5321.172.  (A) A landlord of a tenant who is a victim of	749
domestic violence or stalking shall change the lock to the	750
dwelling unit where the tenant resides upon receipt of a written	751
request from the tenant. If the tenant and the alleged perpetrator	752
are cotenants in the dwelling unit, the written request shall be	753
accompanied by a copy of a court order or protection order that	754
orders the respondent or defendant named in the order to stay away	755
from the tenant. Within forty-eight hours after receiving the	756
notice and a copy of the order, the landlord shall change the lock	757
and give the key to the new lock to the tenant. The tenant shall	758
reimburse the landlord for the actual expense the landlord incurs	759
in changing the lock. If the landlord fails to change the lock	760
within the forty-eight-hour time period as this section requires,	761
the tenant may change the lock without the landlord's permission.	762
If the tenant changes the lock, the tenant shall do so in a	763
competent and workmanlike manner with locks of similar or better	764
quality than the original lock, and shall make a good faith offer	765
to provide a key to the landlord and any remaining cotenant not	766
later than twenty-four hours after the tenant changes the lock. If	767
within thirty days after the landlord changes the lock the tenant	768
does not reimburse the landlord for the expenses the landlord	769
incurs in changing the locks, the landlord may deduct that amount	770
from the security deposit or assess that amount as a charge to the	771
tenant.	772

(B)(1) A landlord who receives a request and copy of an order	773
under this section shall not, by any act, provide the respondent	774
named in the order access to the dwelling unit for which the	775
landlord or tenant has changed the locks unless the order allows	776
the respondent to return to the dwelling unit to retrieve the	777
respondent's personal possessions and the respondent is	778
accompanied by a law enforcement escort.	779

(2) A respondent who is a tenant of the dwelling unit remains	780
liable under the rental agreement for rent or any damage to the	781
dwelling unit as provided in the rental agreement, unless the	782
respondent can demonstrate that the tenant who changed the lock or	783
had the lock changed intentionally damaged the dwelling unit.	784

(C) A landlord who changes a lock to a dwelling unit in	785
accordance with this section is not liable for excluding from the	786
dwelling unit a respondent named in an order the landlord receives	787
from a tenant under this section or for loss of use or damage to	788
the respondent's personal property while that property is in the	789
dwelling unit after the lock has been changed.	790

(D)(1) If a landlord takes action to prevent a tenant who has	791
complied with this section from changing a lock, the tenant may	792
seek a temporary restraining order, preliminary injunction, or	793
permanent injunction ordering the landlord to refrain from	794
preventing the tenant from changing the lock. A tenant who	795
successfully brings such an action may be awarded reasonable	796
attorney's fees and costs.	797

(2) A tenant who changes the locks and does not make a good	798
faith effort to provide a copy of the key to the landlord within	799
forty-eight hours after changing the locks is liable for any	800
damages to the dwelling unit or the building in which it is	801
located that could have been prevented had the landlord been able	802
to access the dwelling unit in the event of an emergency.	803

(3) A landlord who changes the locks and does not make a good	804
faith effort to provide a copy of the key to the tenant within	805
forty-eight hours after the landlord changes the locks is liable	806
for any damages the tenant incurs as a result of not having access	807
to the dwelling unit.	808

(4) The remedies provided under division (D) of this section	809
are the exclusive remedies for violations of this section.	810

Sec. 5321.173. (A) A victim of domestic violence or stalking	811
who is a tenant in a unit owned or operated by a metropolitan	812
housing authority as described in section 3735.27 of the Revised	813
Code, may request that the housing authority transfer the tenant	814
to another location. A tenant may make any such request only if	815
the tenant has made not more than one other such request during	816
the previous five years. The tenant shall make any such request	817
for transfer in writing, informing the housing authority that the	818
tenant or a household member is a victim of domestic violence or	819
stalking and affirming that the tenant has made not more than one	820
other such request during the previous five years. The tenant	821
shall supply the housing authority with any one or more of the	822
following as evidence of the need for the transfer:	823

(1) A civil protection order issued after a full hearing	824
under section 2903.214 or 3113.31 of the Revised Code or a consent	825
agreement approved under section 3113.31 of the Revised Code;	826

(2) A temporary protection order or a no-contact order issued	827
under section 2919.26 of the Revised Code, a criminal protection	828
order issued under section 2903.213 of the Revised Code, or a	829
protection order or no-contact order issued under any	830
substantially similar law of another state or a substantially	831
similar municipal ordinance of this state or another state;	832

(3) Medical documentation describing the incident of domestic	833
violence or stalking;	834

(4) A sworn, notarized statement provided by a counselor,	835
social worker, victim advocate, health care provider, or other	836
professional who assists or has assisted the tenant or household	837
member in dealing with the incident of domestic violence or	838
stalking.	839

(B) Upon receipt of a request made pursuant to this section,	840
and if the tenant has not made more than one other such request	841
during the previous five years, the housing authority shall move	842
the tenant as soon as practicable to another location if the	843
authority has a unit available in another location.	844

(C) A housing authority does not incur any additional duty of	845
care for a tenant it transfers or fails to transfer pursuant to	846
this section, and the authority gains no new or additional	847
liability for any third party act that occurs after a transfer.	848

(D) If a metropolitan housing authority wrongfully fails to	849
comply with division (B) of this section, the tenant may recover	850
actual damages resulting from the failure to transfer, obtain	851
injunctive relief, and obtain a judgment for reasonable attorney's	852
fees.	853

Sec. 5321.174. (A) Except to the extent that a landlord	854
reasonably believes it is necessary to share information for the	855
safety of any tenant or any other person, any information a	856
landlord receives from a tenant under section 5321.171, 5321.172,	857
or 5321.173 of the Revised Code is confidential. A landlord shall	858
not share any confidential information with any other past,	859
current, or prospective landlord, and a landlord shall not share	860
any information with respect to a tenant's status as a victim of	861
domestic violence or stalking with any other past, current, or	862
prospective landlord. If the tenant shares any information that	863
the tenant provides to a landlord under this section, that sharing	864
does not waive the confidentiality of the information or the	865
nature of the privileged communication.	866

(B) A landlord is not liable for any good faith violation of	867
the confidentiality requirement this section establishes.	868

Section 2. That existing section 3113.31 of the Revised Code	869
is hereby repealed.	870

Section 3.  Sections 5321.171, 5321.172, 5321.173, and	871
5321.174 of the Revised Code, as enacted by this act, apply to	872
rental agreements entered into or renewed on or after the	873
effective date of this act.	874

Section 4.  (A) A reasonable accommodation includes actions	875
such as providing a safer parking place or a different phone	876
extension, moving the employee to a different physical location	877
within the employer's facility or to a different facility, or	878
making other changes that permit the employee to perform essential	879
job functions without posing a significant risk of harm to the	880
safety of the employee or others.	881

(B) In determining whether an accommodation imposes an undue	882
hardship, factors to be considered include all of the following:	883

(1) The nature and net cost of the accommodation needed,	884
taking into consideration the availability of tax credits,	885
deduction, and outside funding;	886

(2) The overall financial resources of the facility involved	887
in the provision of the reasonable accommodation, the number of	888
persons employed at the facility, and the effect on expenses and	889
resources;	890

(3) The overall financial resources of the employer, the	891
overall size of the employer's business with respect to the number	892
of employees, and the number, type, and location of its	893
facilities;	894

(4) The type of operation of the employer, including the	895
composition, structure, and functions of the workforce of the	896
employer and the geographic separateness and administrative or	897
fiscal relationship of the facility in question to the employer;	898

(5) The impact of the accommodation on the operation of the	899
facility, including the impact on the ability of other employees	900
to perform their duties and the impact on the facility's ability	901
to conduct business.	902