130th Ohio General Assembly
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H. B. No. 83  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 83


Representative Boyd 

Cosponsors: Representatives Hagan, Yuko, Williams, B., Harris, Mallory 



A BILL
To amend section 2921.22 and to enact sections 3313.668, 3314.39, and 3326.26 of the Revised Code to provide for the reporting of assaults in public schools to school administrators and law enforcement authorities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 2921.22 be amended and sections 3313.668, 3314.39, and 3326.26 of the Revised Code be enacted to read as follows:
Sec. 2921.22.  (A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(B) Except for conditions that are within the scope of division (E) of this section, no physician, limited practitioner, nurse, or other person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the physician, limited practitioner, nurse, or person, or any serious physical harm to persons that the physician, limited practitioner, nurse, or person knows or has reasonable cause to believe resulted from an offense of violence.
(C) No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained.
(D) No person shall fail to provide upon request of the person to whom a report required by division (C) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within the person's knowledge that may have a bearing on the investigation of the death.
(E)(1) As used in this division, "burn injury" means any of the following:
(a) Second or third degree burns;
(b) Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air;
(c) Any burn injury or wound that may result in death;
(d) Any physical harm to persons caused by or as the result of the use of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined by section 3743.01 of the Revised Code.
(2) No physician, nurse, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury that is inflicted by an explosion or other incendiary device or that shows evidence of having been inflicted in a violent, malicious, or criminal manner shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(3) No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury that is inflicted by an explosion or other incendiary device or that shows evidence of having been inflicted in a violent, malicious, or criminal manner shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(4) No person who is required to report any burn injury under division (E)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the state fire marshal. The report shall comply with the uniform standard developed by the state fire marshal pursuant to division (A)(15) of section 3737.22 of the Revised Code.
(5) Anyone participating in the making of reports under division (E) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding section 4731.22 of the Revised Code, the physician-patient relationship is not a ground for excluding evidence regarding a person's burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under division (E) of this section.
(F)(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the doctor-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (F)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
(G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the relationship between attorney and client; doctor and patient; licensed psychologist or licensed school psychologist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
(2) The information would tend to incriminate a member of the actor's immediate family.
(3) Disclosure of the information would amount to revealing a news source, privileged under section 2739.04 or 2739.12 of the Revised Code.
(4) Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to that member of the clergy in that member's capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy.
(5) Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or organization certified pursuant to section 3793.06 of the Revised Code.
(6) Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of section 2907.02 or 2907.05 of the Revised Code or to victims of felonious sexual penetration in violation of former section 2907.12 of the Revised Code. As used in this division, "counseling services" include services provided in an informal setting by a person who, by education or experience, is competent to provide those services.
(7) The actor is an employee of a school district, a community school established under Chapter 3314. of the Revised Code, a STEM school established under Chapter 3326. of the Revised Code, or a private school bus operator as defined in section 3313.668 of the Revised Code, and the information involves an assault that is required to be reported to law enforcement authorities by a district, community school, or STEM school employee other than the actor under section 3313.668, 3314.39, or 3326.26 of the Revised Code.
(H) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(I) Whoever violates division (A) or (B) of this section is guilty of failure to report a crime. Violation of division (A) of this section is a misdemeanor of the fourth degree. Violation of division (B) of this section is a misdemeanor of the second degree.
(J) Whoever violates division (C) or (D) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
(K)(1) Whoever negligently violates division (E) of this section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (E) of this section is guilty of a misdemeanor of the second degree.
Sec. 3313.668.  As used in this section, "private school bus operator" means a school bus operator employed by a private entity to provide transportation services for a school district pursuant to a contract with the district.
(A) Each employee of a school district and each private school bus operator shall immediately report any assault on a student, district employee, or private school bus operator of which the employee or operator is aware and that occurs in or on the premises of a school operated by the district, during a school-sponsored event held off of district property, or on a school bus transporting students, as follows:
(1) If the victim of the assault is a student enrolled in the district, to the principal of the school at which the assault occurred or, if the assault occurred off of district property or on a school bus, to the principal of the school the student attends;
(2) If the victim of the assault is a student enrolled in a community school established under Chapter 3314. of the Revised Code, a STEM school established under Chapter 3326. of the Revised Code, or a nonpublic school, to the principal of any district-operated school;
(3) If the victim of the assault is an employee of the district, to the principal of the school at which the assault occurred or, if the assault occurred off of district property or on a school bus, to the principal of the school at which the employee is employed;
(4) If the victim of the assault is a private school bus operator, to the principal of any district-operated school.
(B) Within twenty-four hours after receiving a report of an assault under division (A) of this section, a principal shall provide a written summary of the incident to the district superintendent. The superintendent shall immediately notify law enforcement authorities of the incident.
(C) If the alleged perpetrator of the assault is a student enrolled in the district, the superintendent or the principal of the student's school shall initiate any disciplinary actions required by the policy adopted by the district board of education under section 3313.661 of the Revised Code.
(D) Within seven school days after receiving a written summary of an incident involving an assault, the superintendent shall notify the district board of the incident, whether law enforcement authorities are conducting an investigation of the incident, and any disciplinary actions that have been taken against the persons involved in the incident.
(E) If a school district employee fails to report an assault as required by division (A) of this section or a principal fails to provide a written summary of an assault to the superintendent as required by division (B) of this section, the superintendent and the board jointly shall determine any disciplinary actions that should be taken against the employee or principal. If a superintendent fails to notify law enforcement authorities of an assault as required by division (B) of this section, the district board shall determine any disciplinary actions that should be taken against the superintendent.
(F) A principal, other school district employee, or private school bus operator who reports an assault, or a superintendent who notifies law enforcement authorities of an assault, in compliance with this section and in good faith shall be individually immune from liability in a civil action for damages arising from the report or notification.
Sec. 3314.39.  (A) Each employee of a community school or of a community school's operator shall immediately report to the principal or chief administrative officer of the school any assault on a student or employee of the school or operator of which the employee is aware and that occurs in or on the premises of the school, during a school-sponsored event held off of school property, or on a school bus transporting students enrolled in the school.
(B) After receiving a report of an assault under division (A) of this section, the principal or chief administrative officer shall immediately notify law enforcement authorities of the incident.
(C) If the alleged perpetrator of the assault is a student enrolled in the school, the principal or chief administrative officer shall initiate any disciplinary actions required by the policy adopted by the school's governing authority in accordance with section 3313.661 of the Revised Code.
(D) Within seven school days after receiving a report of an assault, the principal or chief administrative officer shall notify the school's governing authority of the incident, whether law enforcement authorities are conducting an investigation of the incident, and any disciplinary actions that have been taken against the persons involved in the incident.
(E) If a school or operator employee fails to report an assault as required by division (A) of this section or a principal or chief administrative officer fails to notify law enforcement authorities of an assault as required by division (B) of this section, the governing authority of the school shall determine any disciplinary actions that should be taken against the employee, principal, or chief administrative officer.
(F) A school or operator employee who reports an assault, or a principal or chief administrative officer who notifies law enforcement authorities of an assault, in compliance with this section and in good faith shall be individually immune from liability in a civil action for damages arising from the report or notification.
Sec. 3326.26.  (A) Each employee of a STEM school shall immediately report to the chief administrative officer of the school any assault on a student or employee of the school of which the employee is aware and that occurs in or on the premises of the school, during a school-sponsored event held off of school property, or on a school bus transporting students enrolled in the school.
(B) After receiving a report of an assault under division (A) of this section, the chief administrative officer shall immediately notify law enforcement authorities of the incident.
(C) If the alleged perpetrator of the assault is a student enrolled in the school, the chief administrative officer shall initiate any disciplinary actions required by the policy adopted by the school's governing body in accordance with section 3313.661 of the Revised Code.
(D) Within seven school days after receiving a report of an assault, the chief administrative officer shall notify the school's governing body of the incident, whether law enforcement authorities are conducting an investigation of the incident, and any disciplinary actions that have been taken against the persons involved in the incident.
(E) If a school employee fails to report an assault as required by division (A) of this section or a chief administrative officer fails to notify law enforcement authorities of an assault as required by division (B) of this section, the governing body of the school shall determine any disciplinary actions that should be taken against the employee or chief administrative officer.
(F) A school employee who reports an assault, or a chief administrative officer who notifies law enforcement authorities of an assault, in compliance with this section and in good faith shall be individually immune from liability in a civil action for damages arising from the report or notification.
Section 2.  That existing section 2921.22 of the Revised Code is hereby repealed.
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