HB 31 — Require electronic recordings of all parole board hearings

31 Page136th 3G.A. As Passed by the House (e) Information in a record contained in the putative 43 father registry established by section 3107.062 of the Revised 44 Code, regardless of whether the information is held by the 45 department of job and family services or, pursuant to section 46 3111.69 of the Revised Code, the office of child support in the 47 department or a child support enforcement agency;

48review, (f)and Recordsall specifiedwork products of the board or director, and in the case of a child fatality review board, child fatality review data submitted by the board to the department of health or a national child death review database, other than the report prepared pursuant to division (A) of section 3107.52307.626 49 of the Revised Code;

50(t) (g)Records Trialprovided preparationto records;and statements made by the executive director of a public children services agency or a prosecuting attorney acting pursuant to section 5153.171 of the Revised Code other than the information released under that section;

51(u) (h)Test Confidentialmaterials, lawexaminations, enforcementor investigatoryevaluation records;tools used in an examination for licensure as a nursing home administrator that the board of executives of long-term services and supports administers under section 4751.15 of the Revised Code or contracts under that section with a private or government entity to administer;

52(v) (i) Records containingthe informationrelease thatof which is confidentialprohibited 53by understate section 2710.03 or 4112.05federal oflaw; the Revised Code;

54(w) (j)Proprietary DNAinformation recordsof storedor inrelating theto DNAany databaseperson pursuantthat is submitted to 55or compiled by the Ohio venture capital authority created under section 109.573150.01 of the Revised Code;

56(x) (k)Financial Inmatestatements recordsand releaseddata byany theperson departmentsubmits offor 57any rehabilitationpurpose andto correctionthe toOhio housing finance agency or the departmentcontrolling ofboard youthin 58connection serviceswith applying for, receiving, or aaccounting courtfor offinancial recordassistance pursuantfrom tothe divisionagency, (E)and ofinformation 59that sectionidentifies 5120.21any ofindividual thewho Revisedbenefits Code;directly or indirectly from financial assistance from the agency;

60(y) (l) Records maintainedlisted by the department of youth services 61 pertaining to children in its custody released by the department 62 of youth services to the department of rehabilitation and 63 correction pursuant to section 5139.055101.29 of the Revised Code;

64(z) (m)Discharges Intellectualrecorded propertywith records;a county recorder under section 317.24 of the Revised Code, as specified in division (B)(2) of that section;

65(aa) (n)Usage Donorinformation profileincluding records;names and addresses of specific residential and commercial customers of a municipally owned or operated public utility;

66(bb) (o) Records maintaineddescribed byin thedivision department(C) of jobsection and187.04 familyof 67the servicesRevised pursuantCode that are not designated to sectionbe 3121.894made ofavailable to the Revisedpublic Code;as provided in that division;

68(cc) (p)Information Designatedand publicrecords servicethat workerare residentialmade confidential, privileged, and 69not H.subject to disclosure under divisions (B) and (C) of section 2949.221 of the Revised Code;

(dd) Personal information, as defined in section 149.45 of the Revised Code;

(ee) The confidential name, address, and other personally identifiable information of a program participant in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code, including the contents of any application for absent voter's ballots, absent voter's ballot identification envelope statement of voter, or provisional ballot affirmation completed by a program participant who has a confidential voter registration record;

records or portions of records pertaining to that program that identify the number of program participants that reside within a precinct, ward, township, municipal corporation, county, or any other geographic area smaller than the state;

and any real property confidentiality notice filed under section 111.431 of the Revised Code and the information described in division (C) of that section.

As used in this division, "confidential address" and "program participant" have the meaning defined in section Sub.

H.

31 Page136th 4G.A. As Passed by the House familial information;

70111.41 (q)of In the caseRevised ofCode. a county hospital operated pursuant to 71 Chapter 339.

(ff) Orders for active military service of an individual serving or with previous service in the Revisedarmed Codeforces of the United States, including a reserve component, or the Ohio organized militia, except that, such order becomes a municipalpublic hospitalrecord 72on operatedthe pursuantday tothat Chapteris 749.fifteen years after the published date or effective date of the call to order;

of(gg) theThe Revisedname, Code,address, 73contact information, or other personal information of an individual who is less than eighteen years of age that constitutesis included in any record related to a tradetraffic secret,accident asinvolving defineda school vehicle in 74which sectionthe 1333.61individual ofwas an occupant at the Revisedtime Code;of the accident;

75(hh) (r)Protected Informationhealth pertaininginformation, toas thedefined recreationalin activities45 76C.F.R. of a person under the age of eighteen;

77160.103, (s)that Inis thein case of a childclaim fatalityfor reviewpayment boardfor actinga 78health undercare sectionsproduct, 307.621service, to 307.629 of the Revised Code or aprocedure, 79as reviewwell conductedas pursuantany toother guidelines established by the 80 director of health underclaims sectiondata 3701.70in ofanother thedocument Revisedthat Code,reveals 81 records provided to the boardidentity or director, statements made by 82 board members during meetings of thean boardindividual orwho byis persons 83 participating in the director'ssubject review, and all work products of 84 the board or director, and in the case of a child fatality 85 review board, child fatality review data submitted by the board 86 to the department of health or acould nationalbe childused death review 87 database, other than the report prepared pursuant to divisionreveal 88that (A)individual's ofidentity; section 307.626 of the Revised Code;

89(ii) (t)Any Recordsdepiction provided to and statements made by thephotograph, 90film, executivevideotape, directoror ofprinted a public children services agency or adigital 91image prosecutingunder attorneyeither acting pursuant to section 5153.171 of the 92following Revisedcircumstances: Code other than the information released under that 93 section;

94(i) (u)The Testdepiction materials,is examinations,that orof evaluationa toolsvictim usedof 95 in an examinationoffense forthe licensurerelease asof awhich nursingwould homebe, administratorto 96a thatreasonable theperson board of executivesordinary ofsensibilities, long-terman servicesoffensive and supportsobjectionable 97intrusion administersinto underthe sectionvictim's 4751.15expectation of thebodily Revisedprivacy Codeand orintegrity. 98 H.

(ii) The depiction captures or depicts the victim of a sexually oriented offense, as defined in section 2950.01 of the Revised Code, at the actual occurrence of that offense.

(jj) Restricted portions of a body-worn camera or dashboard camera recording;

(kk) In the case of a fetal-infant mortality review board acting under sections 3707.70 to 3707.77 of the Revised Code, records, documents, reports, or other information presented to the board or a person abstracting such materials on the board's behalf, statements made by review board members during board meetings, all work products of the board, and data submitted by the board to the department of health or a national infant death review database, other than the report prepared pursuant to section 3707.77 of the Revised Code.

(ll) Records, documents, reports, or other information presented to the pregnancy-associated mortality review board established under section 5180.27 of the Revised Code, statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than the biennial reports prepared under section 5180.277 of the Revised Code;

(mm) Except as otherwise provided in division (A)(1)(oo) of this section, telephone numbers for a victim, as defined in section 2930.01 of the Revised Code or a witness to a crime that are listed on any law enforcement record or report.

(nn) A preneed funeral contract, as defined in section 4717.01 of the Revised Code, and contract terms and personally identifying information of a preneed funeral contract, that is contained in a report submitted by or for a funeral home to the board of embalmers and funeral directors under division (C) of section 4717.13, division (J) of section 4717.31, or section 4717.41 of the Revised Sub.

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31 Page136th 5G.A. As Passed by the House contracts under that section with a private or government entity 99 to administer;

100Code. (v) Records the release of which is prohibited by state or 101 federal law;

102(oo) (w)Telephone Proprietarynumbers informationfor ofa orparty relatingto a motor vehicle accident subject to anythe personrequirements 103of section 5502.11 of the Revised Code that isare submittedlisted toon any law enforcement record or compiledreport, byexcept that the Ohiotelephone venturenumbers capitaldescribed 104in authoritythis createddivision are not excluded from the definition of "public record" under sectionthis 150.01division on and after the thirtieth day after the occurrence of the Revisedmotor Code;vehicle accident.

105(pp) (x)Records Financialpertaining statementsto andindividuals datawho anycomplete persontraining submitsunder forsection 1065502.703 anyof purpose to the OhioRevised housingCode financeto agencybe orpermitted theby 107a controllingschool district board inof connectioneducation with applying for, receiving, or 108governing accountingbody forof financiala assistancecommunity fromschool theestablished agency,under andChapter 1093314. information that identifies any individual who benefits directly 110 or indirectly from financial assistance from the agency;

111of (y)the RecordsRevised listedCode, ina sectionSTEM 5101.29school ofestablished theunder RevisedChapter Code;3326.

112of (z)the DischargesRevised recordedCode, withor a countychartered recordernonpublic underschool 113to sectionconvey 317.24deadly ofweapons theor Reviseddangerous Code,ordnance asinto specifieda inschool divisionsafety (B)zone; 114 (2) of that section;

115(qq) (aa)Records, Usagedocuments, reports, or other information includingpresented namesto anda addressesdomestic violence fatality review board established under section 307.651 of 116the specificRevised residentialCode, statements made by board members during board meetings, all work products of the board, and commercialdata customerssubmitted by the board to the department of health, other than a municipallyreport 117prepared ownedpursuant orto operatedsection public307.656 utility;of the Revised Code;

118(rr) (bb)Records, Recordsdocuments, describedand ininformation divisionthe (C)release of sectionwhich 187.04is 119prohibited ofunder thesections Revised2930.04 Codeand that2930.07 areof not designated to be made available 120 to the publicRevised asCode; provided in that division;

121(ss) (cc)Records Informationof andan recordsexisting thatqualified arenonprofit madecorporation confidential,that 122creates privileged,a andspecial notimprovement subjectdistrict to disclosure under divisionsChapter (B)1710. 123 and (C) of section 2949.221 of the Revised Code;

124of (dd)the PersonalRevised information,Code asthat defineddo innot sectionpertain 149.45to ofa 125purpose for which the Reviseddistrict Code;is created;

126(tt) H.Educational support services data, as defined in section 3319.325 of the Revised Code;

(uu) Records of the past, current, and future work schedule of a designated public service worker.

As used in division (A)(1)(uu) of this section, "work schedule" does not include the docket of cases of a court, judge, or magistrate;

(vv) A request form or confirmation letter submitted to a public office under section 149.45 of the Revised Code;

(ww) An affidavit or confirmation letter submitted under section 319.28 of the Revised Code;

(xx) License or certificate application or renewal responses and supporting documentation submitted to the state medical board regarding an applicant's, or a license or certificate holder's, inability to practice according to acceptable and prevailing standards of care by reason of a medical condition;

(yy) Images and data captured by an automated license plate recognition system that are maintained in a law enforcement database;

(zz) Attorney work product record;

(aaa) Any entry on the public calendar of an elected official that is for any date that is after the date the record is requested;

Sub.

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31 Page136th 6G.A. As Passed by the House (ee) The confidential name, address, and other personally 127 identifiable information of a program participant in the address 128 confidentiality program established under sections 111.41 to 129 111.47 of the Revised Code, including the contents of any 130 application for absent voter's ballots, absent voter's ballot 131 identification envelope statement of voter, or provisional 132 ballot affirmation completed by a program participant who has a 133 confidential voter registration record;

records(bbb) orRecords portions of 134 records pertaining to thatburial programsites thatunder identifysection the149.3010 number of 135 program participants that reside within a precinct, ward, 136 township, municipal corporation, county, or any other geographic 137 area smaller than the state;Revised Code.

A record that is not a public record under division (A)(1) of this section and that, under law, is permanently retained becomes a public record on the day that is seventy-five years after the day on which the record was created, or in the case of a record that is not a public record under division (A)(1)(uu) of this section that is retained, three years after the day on which the record was created, except for any realrecord propertyprotected 138by confidentialitythe noticeattorney-client filedprivilege, a trial preparation record as defined in this section, a statement prohibiting the release of identifying information signed under section 111.4313107.083 of the 139 Revised CodeCode, anda denial of release form filed pursuant to section 3107.46 of the informationRevised describedCode, inrecords divisionpertaining (C)to burial sites under section 149.3010 of 140the Revised Code, or any record that section.is exempt from release or disclosure under section 149.433 of the Revised Code.

AsIf usedthe inrecord thisis division,a "confidentialbirth address"certificate 141 and "programa participant"biological haveparent's thename meaningredaction definedrequest inform sectionhas 142been 111.41accepted under section 3107.391 of the Revised Code.Code, the name of that parent shall be redacted from the birth certificate before it is released under this paragraph.

143If (ff)any Ordersother forsection active military service of an individual 144 serving or with previous service in the armedRevised forcesCode ofestablishes the 145 United States, including a reservetime component,period orfor thedisclosure Ohioof 146 organized militia, except that, such order becomes a publicrecord 147that recordconflicts onwith the daytime thatperiod isspecified fifteenin yearsthis aftersection, the publishedtime dateperiod 148in or effective date of the callother tosection order;prevails.

149(2)(a) (gg)"Confidential Thelaw name,enforcement address,investigatory contactrecord" information,means orany otherrecord 150that personalpertains informationto ofa anlaw individualenforcement whomatter isof lessa thancriminal, eighteenquasi-criminal, 151civil, yearsor ofadministrative agenature, thatbut isonly includedto inthe anyextent recordthat relatedthe torelease aof trafficthe 152record accidentwould involvingcreate a schoolhigh vehicleprobability inof whichdisclosure theof individualany was 153 an occupant at the time of the accident;following:

154(i) (hh)The Protectedidentity healthof information,a assuspect definedwho inhas 45not C.F.R.been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised;

155(ii) 160.103,Information thatprovided isby inan ainformation claimsource foror paymentwitness forto awhom healthconfidentiality carehas 156been H.reasonably promised, which information would reasonably tend to disclose the source's or witness's identity;

(iii) Specific confidential investigatory techniques or procedures or specific investigatory work product;

(iv) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.

(b) As used in divisions (A)(2) and (18) of this section, "specific investigatory work product" means information assembled by law enforcement officials in connection with a probable or pending criminal or civil proceeding, with the exception of routine incident reports.

"Specific investigatory work product" is not a public record prior to the conclusion of all direct appeals, or, if no appeal is filed, prior to the expiration of the time during which an appeal may be filed, or, if no trial has occurred, until the criminal or civil proceeding has ended without possibility of direct appeal or each agency, office, or official responsible for the matter has made a decision not to proceed with the matter.

(3) "Medical record" means any document or combination of documents, except births, Sub.

H.

31 Page136th 7G.A. As Passed by the House product, service, or procedure, as well as any other health 157 claims data in another document that reveals the identity of an 158 individual who is the subject of the data or could be used to 159 reveal that individual's identity;

160deaths, (ii)and Anythe depictionfact byof photograph,admission film,to videotape, or 161discharge printedfrom ora digitalhospital, imagethat underpertains eitherto the medical history, diagnosis, prognosis, or medical condition of a patient and that is generated and maintained in the followingprocess 162of circumstances:medical treatment.

163(4) (i)"Trial Thepreparation depictionrecord" ismeans any record created by or for another party or by or for that ofparty's arepresentative, victimin ofreasonable ananticipation offenseof, theor 164in releasedefense ofof, whicha wouldcivil be,or tocriminal action or proceeding, that is not a reasonableconfidential personlaw ofenforcement ordinaryinvestigatory 165record sensibilities,or anattorney offensivework product record and objectionablethat intrusioncontains intofactual theinformation 166that victim'sis expectationspecifically ofcompiled bodilyfor privacythat andcivil integrity.or criminal action or proceeding.

167(5) (ii)"Intellectual Theproperty depictionrecord" capturesmeans a record, other than a financial or depictsadministrative therecord, victimthat is produced or collected by or for faculty or staff of a 168state sexuallyinstitution orientedof offense,higher learning in the conduct of or as defineda inresult sectionof 2950.01study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the 169study Revisedor Code,research atwas sponsored by the actualinstitution occurrencealone ofor in conjunction with a governmental body or private concern, and that offense.has not been publicly released, published, or patented.

170(6) (jj)"Donor Restrictedprofile portionsrecord" ofmeans aall body-wornrecords cameraabout donors or 171potential dashboarddonors camerato recording;a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation.

172(7) (kk)"Designated Inpublic theservice caseworker" ofmeans a fetal-infantpeace mortalityofficer, reviewparole boardofficer, 173probation actingofficer, underbailiff, sectionsprosecuting 3707.70attorney, toassistant 3707.77prosecuting ofattorney, thecorrectional Revisedemployee, Code,county 174or records,multicounty documents,corrections reports,officer, orcommunity-based othercorrectional informationfacility presentedemployee, todesignated 175Ohio thenational boardguard ormember, aprotective personservices abstractingworker, suchyouth materialsservices onemployee, thefirefighter, board'sEMT, 176medical behalf,director statementsor mademember byof reviewa boardcooperating membersphysician duringadvisory board 177of meetings,an allemergency workmedical productsservice oforganization, thestate board,board andof datapharmacy submittedemployee, byinvestigator 178of the boardbureau toof thecriminal departmentidentification ofand healthinvestigation, oremergency aservice nationaltelecommunicator, infantforensic deathmental 179health reviewprovider, database,mental otherhealth thanevaluation theprovider, reportregional preparedpsychiatric pursuanthospital toemployee, 180judge, sectionmagistrate, 3707.77or offederal thelaw Revisedenforcement Code.officer.

181(8) (ll)"Designated Records,public documents,service reports,worker orresidential otherand informationfamilial 182information" presentedmeans toany theinformation pregnancy-associatedthat mortalitydiscloses reviewany board 183 established under section 3738.01 of the Revisedfollowing Code,about 184a statementsdesignated madepublic byservice boardworker: members during board meetings, all work 185 H.

(a) The address of the actual personal residence of a designated public service worker, except for the following information:

(i) The address of the actual personal residence of a prosecuting attorney or judge;

and (ii) The state or political subdivision in which a designated public service worker resides.

(b) Information compiled from referral to or participation in an employee assistance program;

(c) The social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of, or any medical information pertaining to, a designated public service worker;

(d) The name of any beneficiary of employment benefits, including, but not limited to, life Sub.

H.

31 Page136th 8G.A. As Passed by the House products of the board, and data submitted by the board to the 186 department of health, other than the biennial reports prepared 187 under section 3738.08 of the Revised Code;

188insurance (mm)benefits, Except as otherwise provided into division (A)(1)(oo) 189 of this section, telephone numbers for a victim,designated aspublic definedservice inworker 190by section 2930.01 of the Reviseddesignated Codepublic orservice aworker's witnessemployer; to a crime that 191 are listed on any law enforcement record or report.

192(e) (nn)The Aidentity preneed funeral contract, as defined in section 193 4717.01 of the Revised Code, and contractamount terms and personally 194 identifying information of aany preneedcharitable funeralor contract,employment thatbenefit isdeduction 195made contained in a report submitted by orthe fordesignated apublic funeralservice homeworker's toemployer from the 196designated boardpublic ofservice embalmersworker's andcompensation, funeralunless directorsthe underamount division (C) of 197the sectiondeduction 4717.13,is divisionrequired (J)by ofstate section 4717.31, or sectionfederal 198law; 4717.41 of the Revised Code.

199(f) (oo)The Telephonename, numbersthe forresidential aaddress, partythe toname aof motorthe vehicleemployer, 200the accidentaddress subjectof to the requirementsemployer, ofthe sectionsocial 5502.11security ofnumber, the 201residential Revisedtelephone Codenumber, thatany arebank listedaccount, ondebit anycard, lawcharge enforcementcard, record or 202credit report,card exceptnumber, thator the emergency telephone numbersnumber described in this 203 division are not excluded from the definition of "public record" 204 under this division on and after the thirtiethspouse, daya afterformer thespouse, 205or occurrenceany child of thea motordesignated vehiclepublic accident.service worker;

206(g) (pp)A Recordsphotograph pertainingof toa individualspeace officer who completeholds 207a trainingposition underor sectionhas 5502.703an ofassignment thethat Revisedmay Codeinclude toundercover beor 208plain permittedclothes bypositions a school district board of education or governingassignments 209as bodydetermined ofby athe communitypeace schoolofficer's establishedappointing underauthority. Chapter 3314.

of(9) 210As theused Revisedin Code,divisions a(A)(7) STEMand school(15) establishedto under(17) Chapterof 3326.this section:

211"Peace ofofficer" has the Revisedmeaning Code,defined orin asection chartered109.71 nonpublicof schoolthe toRevised conveyCode 212and deadlyalso weaponsincludes orthe dangeroussuperintendent ordnanceand intotroopers aof schoolthe safetystate zone;highway patrol;

213it (qq)does Records,not documents,include reports,the sheriff of a county or othera informationsupervisory 214employee H.who, in the absence of the sheriff, is authorized to stand in for, exercise the authority of, and perform the duties of the sheriff.

"Correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision.

"County or multicounty corrections officer" means any corrections officer employed by any county or multicounty correctional facility.

"Designated Ohio national guard member" means a member of the Ohio national guard who is participating in duties related to remotely piloted aircraft, including, but not limited to, pilots, sensor operators, and mission intelligence personnel, duties related to special forces operations, or duties related to cybersecurity, and is designated by the adjutant general as a designated public service worker for those purposes.

"Protective services worker" means any employee of a county agency who is responsible for child protective services, child support services, or adult protective services.

"Youth services employee" means any employee of the department of youth services who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the department of youth services.

"Firefighter" means any regular, paid or volunteer, member of a lawfully constituted fire department of a municipal corporation, township, fire district, or village.

"EMT" means EMTs-basic, EMTs-I, and paramedics that provide emergency medical services for a public emergency medical service organization.

"Emergency medical service organization," "EMT-basic," "EMT-I," and "paramedic" have the meanings defined in section 4765.01 of the Revised Code.

Sub.

H.

31 Page136th 9G.A. As Passed by the House presented to a domestic violence fatality review board 215 established under section 307.651 of the Revised Code, 216 statements made by board members during board meetings, all work 217 products of the board, and data submitted by the board to the 218 department of health, other than a report prepared pursuant to 219 section 307.656 of the Revised Code;

220"Investigator (rr)of Records, documents, and information the releasebureau of 221criminal whichidentification isand prohibitedinvestigation" underhas sectionsthe 2930.04meaning anddefined 2930.07in section 2903.11 of the 222 Revised Code;Code.

223"Emergency (ss)service Recordstelecommunicator" means an individual employed by an emergency service provider as defined under section 128.01 of the Revised Code, whose primary responsibility is to be an existingoperator qualifiedfor nonprofitthe 224receipt corporationor thatprocessing createsof acalls specialfor improvementemergency districtservices undermade 225by Chaptertelephone, 1710.radio, or other electronic means.

"Forensic mental health provider" means any employee of a community mental health service provider or local alcohol, drug addiction, and mental health services board who, in the Revisedcourse Codeof thatthe doemployee's notduties, pertainhas contact with persons committed to a 226local purposealcohol, fordrug whichaddiction, theand districtmental ishealth created;services board by a court order pursuant to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised Code.

227"Mental (tt)health Educationalevaluation supportprovider" servicesmeans data,an asindividual definedwho, inunder 228Chapter section5122. 3319.325 of the Revised Code;

229of (uu)the RecordsRevised Code, examines a respondent who is alleged to be a mentally ill person subject to court order, as defined in section 5122.01 of the past,Revised current,Code, and futurereports workto 230the scheduleprobate ofcourt athe designatedrespondent's publicmental servicecondition. worker.

As"Regional usedpsychiatric inhospital 231employee" divisionmeans (A)(1)(uu)any employee of thisthe section,department "workof schedule"mental doeshealth notand 232addiction includeservices behavioral health who, in the docketcourse of casesperforming the employee's duties, has contact with patients committed to the department of mental health and addiction services behavioral health by a court,court judge,order pursuant to section 2945.38, 2945.39, 2945.40, or magistrate;2945.402 of the Revised Code.

233"Federal (vv)law Aenforcement requestofficer" formhas orthe confirmationmeaning letterdefined submittedin to a 234 public office under section 149.459.88 of the Revised Code;Code.

235(10) (ww)"Information Anpertaining affidavitto orthe confirmationrecreational letteractivities submittedof a person under 236the sectionage 319.28of eighteen" means information that is kept in the ordinary course of business by a public office, that pertains to the Revisedrecreational Code;activities of a person under the age of eighteen years, and that discloses any of the following:

237(a) (xx)The Licenseaddress or certificatetelephone applicationnumber orof renewala 238person responsesunder and supporting documentation submitted to the stateage 239of medicaleighteen board regarding an applicant's, or athe licenseaddress or 240telephone certificatenumber holder's, inability to practice according to 241 acceptable and prevailing standards of carethat byperson's reasonparent, ofguardian, acustodian, 242or medicalemergency condition.contact person;

243(b) H.The social security number, birth date, or photographic image of a person under the age of eighteen;

(c) Any medical record, history, or information pertaining to a person under the age of eighteen;

(d) Any additional information sought or required about a person under the age of eighteen for the purpose of allowing that person to participate in any recreational activity conducted or sponsored by a public office or to use or obtain admission privileges to any recreational facility owned or operated by a public office.

(11) "Community control sanction" has the meaning defined in section 2929.01 of the Revised Code.

Sub.

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31 Page136th 10G.A. As Passed by the House A record that is not a public record under division (A)(1) 244 of this section and that, under law, is permanently retained 245 becomes a public record on the day that is seventy-five years 246 after the day on which the record was created, or in the case of 247 a record that is not a public record under division (A)(1)(uu) 248 of this section that is retained, three years after the day on 249 which the record was created, except for any record protected by 250 the attorney-client privilege, a trial preparation record as 251 defined in this section, a statement prohibiting the release of 252 identifying information signed under section 3107.083 of the 253 Revised Code, a denial of release form filed pursuant to section 254 3107.46 of the Revised Code, or any record that is exempt from 255 release or disclosure under section 149.433 of the Revised Code.

256(12) If"Post-release thecontrol recordsanction" is a birth certificate and a biological parent's 257 name redaction request form has beenthe acceptedmeaning underdefined in section 2582967.01 3107.391 of the Revised Code,Code. the name of that parent shall be 259 redacted from the birth certificate before it is released under 260 this paragraph.

If(13) any"Redaction" othermeans sectionobscuring ofor thedeleting Revisedany Codeinformation 261that establishesis aexempt timefrom periodthe forduty disclosureto ofpermit apublic recordinspection thator 262copying conflictsfrom withan theitem timethat periodotherwise specifiedmeets inthe thisdefinition section,of thea 263"record" timein periodsection in149.011 of the otherRevised sectionCode. prevails.

264(14) (2)"Designee," "Confidential"elected lawofficial," enforcementand investigatory"future record"official" 265have means any record that pertains to a law enforcement matter of a 266 criminal, quasi-criminal, civil, or administrative nature, but 267 only to the extentmeanings thatdefined thein releasesection of109.43 the record would create a 268 high probability of disclosure of any of the following:Revised Code.

269(15) (a)"Body-worn Thecamera" identitymeans of a suspectvisual whoand hasaudio notrecording beendevice chargedworn 270on with the offenseperson toof whicha thecorrectional recordemployee, pertains,youth services employee, or ofpeace anofficer 271while informationthe sourcecorrectional employee, youth services employee, or witnesspeace toofficer whomis confidentialityengaged hasin beenthe 272performance reasonablyof promised;official duties.

273(16) H."Dashboard camera" means a visual and audio recording device mounted on a peace officer's vehicle or vessel that is used while the peace officer is engaged in the performance of the peace officer's duties.

(17) "Restricted portions of a body-worn camera or dashboard camera recording" means any visual or audio portion of a body-worn camera or dashboard camera recording that shows, communicates, or discloses any of the following:

(a) The image or identity of a child or information that could lead to the identification of a child who is a primary subject of the recording when the department of rehabilitation and correction, department of youth services, or the law enforcement agency knows or has reason to know the person is a child based on the department's or law enforcement agency's records or the content of the recording;

(b) The death of a person or a deceased person's body, unless the death was caused by a correctional employee, youth services employee, or peace officer or, subject to division (H)(1) of this section, the consent of the decedent's executor or administrator has been obtained;

(c) The death of a correctional employee, youth services employee, peace officer, firefighter, paramedic, or other first responder, occurring while the decedent was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the decedent's executor or administrator has been obtained;

(d) Grievous bodily harm, unless the injury was effected by a correctional employee, youth services employee, or peace officer or, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;

(e) An act of severe violence against a person that results in serious physical harm to the person, unless the act and injury was effected by a correctional employee, youth services employee, or peace officer or, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;

(f) Grievous bodily harm to a correctional employee, youth services employee, peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of Sub.

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31 Page136th 11G.A. As Passed by the House (b) Information provided by an information source or 274 witness to whom confidentiality has been reasonably promised, 275 which information would reasonably tend to disclose the source's 276 or witness's identity;

277the (c)injured Specificperson confidential investigatory techniques or 278the proceduresinjured orperson's specificguardian investigatoryhas workbeen product;obtained;

279(g) (d)An Informationact thatof wouldsevere endangerviolence theresulting lifein orserious physical 280harm safetyagainst a correctional employee, youth services employee, peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of lawofficial enforcementduties, personnel,unless, asubject crimeto victim,division a(H)(1) witness,of 281this section, the consent of the injured person or athe confidentialinjured informationperson's source.guardian has been obtained;

282(h) (3)A "Medicalperson's record"nude meansbody, anyunless, documentsubject or combination of 283 documents, except births, deaths, and the fact of admission to 284division or(H)(1) discharge from a hospital, that pertains to the medical 285 history, diagnosis, prognosis, or medical condition of athis patientsection, 286 and that is generated and maintained in the processperson's ofconsent medicalhas 287been treatment.obtained;

288(i) (4)Protected "Trialhealth preparationinformation, record"the meansidentity anyof recorda thatperson 289in containsa informationhealth thatcare facility who is specificallynot compiledthe insubject reasonableof 290a anticipationcorrectional, of,youth services, or inlaw defenseenforcement of,encounter, aor civilany orother criminalinformation actionin ora 291health proceeding,care includingfacility thethat independentcould thoughtidentify processesa andperson 292who personalis trialnot preparationthe subject of ana attorney.correctional, youth services, or law enforcement encounter;

293(j) (5)Information "Intellectual property record" means a record, other 294 than a financial or administrative record, that iscould producedidentify orthe 295alleged collectedvictim by or for faculty or staff of a statesex institutionoffense, ofmenacing 296 higher learning in the conduct of or as a result of study or 297 research on an educational, commercial, scientific, artistic, 298 technical, or scholarly issue, regardless of whether the study 299 or research was sponsored by thestalking, institution alone or indomestic 300violence; conjunction with a governmental body or private concern, and 301 that has not been publicly released, published, or patented.

302(k) H.Information, that does not constitute a confidential law enforcement investigatory record, that could identify a person who provides sensitive or confidential information to the department of rehabilitation and correction, the department of youth services, or a law enforcement agency when the disclosure of the person's identity or the information provided could reasonably be expected to threaten or endanger the safety or property of the person or another person;

(l) Personal information of a person who is not arrested, cited, charged, or issued a written warning by a peace officer;

(m) Proprietary correctional, youth services, or police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;

(n) A personal conversation unrelated to work between correctional employees, youth services employees, or peace officers or between a correctional employee, youth services employee, or peace officer and an employee of a law enforcement agency;

(o) A conversation between a correctional employee, youth services employee, or peace officer and a member of the public that does not concern correctional, youth services, or law enforcement activities;

(p) The interior of a residence, unless the interior of a residence is the location of an adversarial encounter with, or a use of force by, a correctional employee, youth services employee, or peace officer;

(q) Any portion of the interior of a private business that is not open to the public, unless an adversarial encounter with, or a use of force by, a correctional employee, youth services employee, or peace officer occurs in that location.

As used in division (A)(17) of this section:

"Grievous bodily harm" has the same meaning as in section 5924.120 of the Revised Code.

"Health care facility" has the same meaning as in section 1337.11 of the Revised Code.

Sub.

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31 Page136th 12G.A. As Passed by the House (6) "Donor profile record" means all records about donors 303 or potential donors to a public institution of higher education 304 except the names and reported addresses of the actual donors and 305 the date, amount, and conditions of the actual donation.

306"Protected (7)health "Designatedinformation" publichas service worker" means a peace 307 officer, parole officer, probation officer, bailiff, prosecuting 308 attorney, assistant prosecuting attorney, correctional employee, 309 county or multicounty corrections officer, community-based 310 correctional facility employee, designated Ohio national guard 311 member, protective services worker, youth services employee, 312 firefighter, EMT, medical director or member of a cooperating 313 physician advisory board of an emergency medical service 314 organization, state board of pharmacy employee, investigator of 315 the bureausame ofmeaning criminalas identificationin and45 investigation,C.F.R. 316 emergency service telecommunicator, forensic mental health 317 provider, mental health evaluation provider, regional 318 psychiatric hospital employee, judge, magistrate, or federal law 319 enforcement officer.

320160.103. (8) "Designated public service worker residential and 321 familial information" means any information that discloses any 322 of the following about a designated public service worker:

323"Law (a)enforcement Theagency" addressmeans of the actual personal residence of a 324government designatedentity publicthat serviceemploys worker,peace exceptofficers forto theperform followinglaw 325enforcement information:duties.

326"Personal (i)information" Themeans addressany government-issued identification number, date of thebirth, actualaddress, personalfinancial residenceinformation, ofor acriminal 327justice prosecutinginformation attorneyfrom the law enforcement automated data system or judge;similar databases.

and"Sex 328offense" (ii)has Thethe statesame ormeaning politicalas subdivision in whichsection a2907.10 329of designatedthe publicRevised serviceCode. worker resides.

330"Firefighter," (b)"paramedic," Informationand compiled"first fromresponder" referralhave tothe orsame participationmeanings 331as H.in section 4765.01 of the Revised Code.

(18) "Attorney work product record" means a record that is not specific investigatory work product or a trial preparation record and that is created by an attorney, or by the agent of an attorney, in reasonable anticipation of or for litigation, trial, or administrative proceedings, when acting in an official capacity on behalf of the state, a political subdivision of the state, a state agency, a public official, or a public employee, that documents the independent thought processes, mental impressions, legal theories, strategies, analysis, or reasoning of an attorney or the agent of an attorney.

(19) "Elected official" means a person who is elected or appointed to an elective office of the state or a political subdivision.

(20) "Public calendar" means a calendar or appointment book maintained by an elected official to schedule the elected official's activities in relation to the elected official's position as an elected official.

"Public calendar" does not include a personal calendar or appointment book maintained solely for an elected official's personal convenience that does not serve to document the elected official's official activities or functions or the official activities or functions of the elected official's public office.

(21) "Member of the victim's family" has the same meaning as in section 2930.01 of the Revised Code.

(B)(1) Upon request by any person and subject to division (B)(8) of this section, all public records responsive to the request shall be promptly prepared and made available for inspection to the requester at all reasonable times during regular business hours.

Subject to division (B)(8) of this section, upon request by any person, a public office or person responsible for public records shall make copies of the requested public record available to the requester at cost and within a reasonable period of time.

When considering whether a state or local law enforcement agency or a prosecuting attorney's office promptly prepared a video record for inspection or produced a copy of a video record within a reasonable period of time, in addition to any other factors, a court shall consider the time required for a state or local law enforcement agency or a prosecuting attorney's office to retrieve, download, review, redact, seek legal advice regarding, and produce the video record.

Except as specified in division (B)(11) of this section, notwithstanding any other requirement set Sub.

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31 Page136th 13G.A. As Passed by the House in an employee assistance program;

332forth (c)in TheChapter social149. security number, the residential telephone 333 number, any bank account, debit card, charge card, or credit 334 card number, or the emergency telephone number of, or any 335 medical information pertaining to, a designated public service 336 worker;

337of (d)the TheRevised nameCode, ofa anystate beneficiaryor oflocal employmentlaw benefits,enforcement 338agency including,or buta notprosecuting limitedattorney's to,office lifemay insurancecharge benefits,a providedrequester 339the toactual cost associated with preparing a designatedvideo publicrecord servicefor workerinspection byor theproduction, designatednot publicto 340exceed serviceseventy-five worker'sdollars employer;per hour of video produced, nor seven hundred fifty dollars total.

341As (e)used Thein identitythis anddivision, amount"actual ofcost," anywith charitablerespect orto 342video employmentrecords benefitonly, deductionmeans madeall costs incurred by the designatedstate publicor 343local servicelaw worker'senforcement employeragency fromor a prosecuting attorney's office in reviewing, blurring or otherwise obscuring, redacting, uploading, or producing the designatedvideo publicrecords, serviceincluding 344but worker'snot compensation,limited unlessto the amountstorage ofmedium on which the deductionrecord is 345produced, requiredstaff bytime, stateand orany federalother law;relevant overhead necessary to comply with the request.

346A (f)state Theor name,local thelaw residentialenforcement address,agency theor namea ofprosecuting theattorney's 347office employer,may theinclude addressin ofits thepublic employer,records thepolicy social security 348 number, the residentialrequirement telephonethat number,a anyrequester bankpay account,the 349estimated debitactual card,cost chargebefore card,beginning or credit card number, or the emergencyprocess 350 telephone number of thepreparing spouse, a formervideo spouse,record orfor anyinspection childor ofproduction. 351 a designated public service worker;

352Where (g)a Astate photographor oflocal law enforcement agency or a peaceprosecuting officerattorney's whooffice holdsimposes such a positionrequirement, 353its orobligation hasto anproduce assignmenta thatvideo mayor includemake undercoverit oravailable plainfor 354inspection clothesbegins positionsonce orthe assignmentsestimated asactual determinedcost byis thepaid peacein 355full officer'sby appointingthe authority.requester.

356A (9)state Asor usedlocal inlaw divisionsenforcement (A)(7)agency andor (15)a toprosecuting (17)attorney's office shall provide the requester with the estimated actual cost within five business days of thisreceipt 357of section:the public records request.

358If "Peacethe officer"actual hascost exceeds the meaningestimated definedactual incost, sectiona 109.71state 359or oflocal law enforcement agency or a prosecuting attorney's office may charge a requester for the Reviseddifference Codeupon andfulfilling alsoa includesrequest for video records if the superintendentrequester andis 360notified H.in advance that the actual cost may be up to twenty per cent higher than the estimated actual cost.

A state or local law enforcement agency or a prosecuting attorney's office shall not charge a requester a difference that exceeds twenty per cent of the estimated actual cost.

If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt.

When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible.

A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.

When the auditor of state receives a request to inspect or to make a copy of a record that was provided to the auditor of state for purposes of an audit, but the original public office has asserted to the auditor of state that the record is not a public record, the auditor of state may handle the requests by directing the requestor to the original public office that provided the record to the auditor of state.

(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section.

A public office also shall have available a copy of its current records retention schedule at a location readily available to the public.

If a requester makes an ambiguous or overly broad request or has difficulty Sub.

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31 Page136th 14G.A. As Passed by the House troopers of the state highway patrol;

itin doesmaking nota includerequest thefor 361copies sheriffor inspection of apublic countyrecords under this section such that the public office or athe supervisoryperson employeeresponsible who,for inthe requested public record cannot reasonably identify what public records are being requested, the 362public absenceoffice ofor the sheriff,person isresponsible authorizedfor the requested public record may deny the request but shall provide the requester with an opportunity to standrevise the request by informing the requester of the manner in for,which exerciserecords 363are maintained by the authoritypublic of,office and performaccessed in the dutiesordinary course of the sheriff.public office's or person's duties.

364(3) "CorrectionalIf employee"a meansrequest anyis employeeultimately ofdenied, thein 365part departmentor ofin rehabilitationwhole, andthe correctionpublic whooffice inor the courseperson ofresponsible 366for performing the employee'srequested jobpublic dutiesrecord hasshall orprovide hasthe hadrequester contact with 367an inmatesexplanation, andincluding personslegal underauthority, supervision.setting forth why the request was denied.

368If "Countythe orinitial multicountyrequest correctionswas officer"provided meansin anywriting, 369the correctionsexplanation officeralso employedshall bybe anyprovided countyto orthe multicountyrequester 370in correctionalwriting. facility.

371The "Designatedexplanation Ohioshall nationalnot guardpreclude member"the meanspublic aoffice memberor of 372 the Ohioperson nationalresponsible guardfor whothe isrequested participatingpublic inrecord dutiesfrom relatedrelying 373upon toadditional remotelyreasons piloted aircraft, including, but not limited to, 374 pilots, sensor operators, and mission intelligence personnel, 375 duties related to special forces operations, or dutieslegal relatedauthority 376in todefending cybersecurity,an andaction iscommenced designatedunder bydivision the(C) adjutantof generalthis assection. a 377 designated public service worker for those purposes.

378(4) "ProtectiveUnless servicesspecifically worker"required meansor anyauthorized employeeby state or federal law or in accordance with division (B) of athis 379section, countyno agencypublic whooffice isor person responsible for childpublic protectiverecords services,may 380limit childor supportcondition services,the availability of public records by requiring disclosure of the requester's identity or adultthe protectiveintended services.use of the requested public record.

381Any "Youthrequirement servicesthat employee"the meansrequester anydisclose employee of the 382requester's departmentidentity ofor youth services who in the courseintended use of performing the 383requested employee'spublic jobrecord dutiesconstitutes hasa ordenial has had contact with children 384 committed to the custody of the departmentrequest. of youth services.

385(5) "Firefighter"A meanspublic anyoffice regular,or paidperson orresponsible volunteer,for memberpublic 386records ofmay ask a lawfullyrequester constitutedto firemake departmentthe request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a municipalwritten 387request corporation,is township,not firemandatory, district,that the requester may decline to reveal the requester's identity or village.the intended use, and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester.

388(6) "EMT"If meansany EMTs-basic,person EMTs-I,requests anda paramedicscopy thatof 389a H.public record in accordance with division (B) of this section, the public office or person responsible for the public record may require the requester to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the requester under this division.

The public office or the person responsible for the public record shall permit the requester to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record.

When the requester makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the requester.

Nothing in this section requires a public office or person responsible for the public record to allow the requester of a copy of the public Sub.

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31 Page136th 15G.A. As Passed by the House provide emergency medical services for a public emergency 390 medical service organization.

"Emergencyrecord medicalto servicemake 391 organization," "EMT-basic," "EMT-I," and "paramedic" have the 392copies meanings defined in section 4765.01 of the Revisedpublic Code.record.

393(7)(a) "InvestigatorUpon ofa therequest bureaumade in accordance with division (B) of criminalthis identificationsection and 394subject investigation"to hasdivision the(B)(6) meaningof definedthis insection, sectiona 2903.11public office or person responsible for public records shall transmit a copy of a public record to any person by United States mail or by any other means of delivery or transmission within a reasonable period of time after receiving the 395request Revisedfor Code.the copy.

396The "Emergencypublic serviceoffice telecommunicator"or meansperson anresponsible individualfor 397the employedpublic byrecord anmay emergencyrequire servicethe providerperson asmaking definedthe underrequest 398to sectionpay 128.01in ofadvance the Revisedcost Code,of whosepostage primaryif responsibilitythe 399copy is totransmitted beby anUnited operatorStates formail or the receiptcost orof processingdelivery ofif callsthe forcopy 400is emergencytransmitted servicesother madethan by telephone,United radio,States ormail, and to pay in advance the costs incurred for other electronicsupplies 401used means.in the mailing, delivery, or transmission.

402(b) "ForensicAny mentalpublic healthoffice provider"may meansadopt any employee of a 403policy community mental health service provider or local alcohol, drug 404 addiction, and mentalprocedures healththat servicesit boardwill who,follow in thetransmitting, coursewithin 405a ofreasonable theperiod employee'sof duties,time hasafter contactreceiving witha personsrequest, committedcopies toof 406public arecords localby alcohol,United drugStates addiction,mail andor mentalby healthany servicesother 407means boardof bydelivery aor courttransmission order pursuant to sectiondivision 2945.38,(B)(7) 2945.39, 408 2945.40, or 2945.402 of thethis Revisedsection. Code.

409A "Mentalpublic healthoffice evaluationthat provider"adopts meansa anpolicy individualand 410procedures who,under division (B)(7) of this section shall comply with them in performing its duties under Chapterthat 5122.division.

of(c) theIn Revisedany Code,policy examinesand aprocedures 411adopted respondentunder whodivision is(B)(7) alleged to be a mentally ill person subject to 412 court order, as defined in section 5122.01 of thethis Revisedsection: Code, 413 and reports to the probate court the respondent's mental 414 condition.

415(i) "RegionalA psychiatricpublic hospitaloffice employee"may meanslimit anythe 416number employee of records requested by a person that the departmentoffice ofwill mentalphysically healthdeliver andby addictionUnited 417States servicesmail who,or by another delivery service to ten per month, unless the person certifies to the office in writing that the courseperson ofdoes performingnot intend to use or forward the employee'srequested duties,records, 418or H.the information contained in them, for commercial purposes;

(ii) A public office that chooses to provide some or all of its public records on a web site that is fully accessible to and searchable by members of the public at all times, other than during acts of God outside the public office's control or maintenance, and that charges no fee to search, access, download, or otherwise receive records provided on the web site, may limit to ten per month the number of records requested by a person that the office will deliver in a digital format, unless the requested records are not provided on the web site and unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes.

(iii) For purposes of division (B)(7) of this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.

(8) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the Sub.

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31 Page136th 16G.A. As Passed by the House has contact with patients committed to the department of mental 419 health and addiction services by a court order pursuant to 420 section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised 421 Code.

422judge's "Federalsuccessor lawin enforcementoffice, officer"finds hasthat the meaninginformation definedsought 423 in sectionthe 9.88public record is necessary to support what appears to be a justiciable claim of the Revisedperson. Code.

424As (10)used "Informationin pertainingthis todivision, the"public recreationalrecord 425concerning activitiesa ofcriminal ainvestigation personor underprosecution theor ageconcerning ofwhat eighteen"would meansbe 426a informationcriminal thatinvestigation isor keptprosecution inif the ordinarysubject course of business by a 427 public office, that pertains to the recreationalinvestigation activitieswere ofan aadult" 428includes, personbut underis thenot agelimited ofto, eighteenpersonnel years,files and thatpayroll disclosesand anyattendance 429records of thedesignated following:public service workers.

430(9)(a) (a)Upon Thewritten addressrequest made and signed by a journalist, a public office, or telephoneperson numberresponsible for public records, having custody of the records of the agency employing a personspecified underdesignated public service worker shall disclose to the 431journalist agethe address of eighteenthe actual personal residence of the designated public service worker and, if the designated public service worker's spouse, former spouse, or child is employed by a public office, the name and address orof telephonethe numberemployer of thatthe 432designated person'spublic parent,service guardian,worker's custodian,spouse, former spouse, or emergencychild, contactand 433any person;past, current, and future work schedules of the designated public service worker.

434The (b)request Theshall socialinclude securitythe number,journalist's birthname date,and ortitle 435and photographicthe imagename and address of athe personjournalist's underemployer theand ageshall state that disclosure of eighteen;the information sought would be in the public interest.

436(b) (c)Division Any(B)(9)(a) medicalof record,this history,section oralso informationapplies pertaining 437 to ajournalist personrequests underfor: the age of eighteen;

438(i) (d)Customer Any additional information soughtmaintained orby required about a 439municipally personowned underor theoperated agepublic ofutility, eighteenother forthan thesocial purposesecurity ofnumbers allowingand 440 that person to participate in any recreationalprivate activityfinancial 441information conductedsuch oras sponsoredcredit byreports, apayment publicmethods, officecredit orcard tonumbers, useand orbank obtainaccount 442information; admission privileges to any recreational facility owned or 443 operated by a public office.

444(ii) (11)Information "Communityabout controlminors sanction"involved hasin thea meaningschool definedvehicle 445accident as provided in division (A)(1)(gg) of this section, other than personal information as defined in section 2929.01149.45 of the Revised Code.Code;

446(iii) H.A request form submitted to a public office under section 149.45 of the Revised Code;

(iv) An affidavit submitted under section 319.28 of the Revised Code.

(c) As used in division (B)(9) 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.

(10) Upon a request made by a victim, victim's attorney, or victim's representative, as that term is used in section 2930.02 of the Revised Code, a public office or person responsible for public records shall transmit a copy of a depiction of the victim as described in division (A)(1)(ii) of this section to the victim, victim's attorney, or victim's representative.

(11) A state or local law enforcement agency or a prosecuting attorney's office shall not charge a fee for preparing a video record for inspection, or producing a copy of a video record, when the requester of the video record is a victim, as defined in Ohio Constitution, Article I, Section 10a, or who is a victim who suffered loss and could seek remedy through a tort action as defined by section 2307.011 of the Revised Code, who reasonably asserts that the video recording relates to the act or omission that caused the victim's harm or loss, or who is the legal counsel or insurer of the Sub.

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31 Page136th 17G.A. As Passed by the House (12) "Post-release control sanction" has the meaning 447 defined in section 2967.01 of the Revised Code.

448victim. (13) "Redaction" means obscuring or deleting any 449 information that is exempt from the duty to permit public 450 inspection or copying from an item that otherwise meets the 451 definition of a "record" in section 149.011 of the Revised Code.

452A (14)fee "Designee,"under "electedthis official,"section andmay "futureonly official"be 453waived haveupon the meaningsreceipt definedof inan sectionaffidavit 109.43by the victim or the victim's legal counsel identifying that the use of the Revisedvideo Code.is to investigate harm or damages that may have been captured on the video.

454As (15)used "Body-wornin camera"this meansdivision, a"legal visualcounsel andof audiothe recordingvictim" 455means devicean wornattorney onwho, at the persontime of amaking correctionalthe employee,request, youthproduces 456to servicesthe employee,state or peacelocal officerlaw whileenforcement theagency correctionalor 457a employee,prosecuting youthattorney's servicesoffice employee,a signed retention agreement or peaceletter officerof isrepresentation engagedthat 458establishes inthat the performanceattorney ofis officialrepresenting duties.the victim.

459(C)(1) (16)If "Dashboarda camera"person meansallegedly is aggrieved by the failure of a visualpublic andoffice audioor recordingthe 460person deviceresponsible mountedfor onpublic records to promptly prepare a peacepublic officer'srecord vehicleand to make it available to the person for inspection in accordance with division (B) of this section or vesselby thatany isother 461failure usedof whilea public office or the peaceperson officerresponsible isfor engagedpublic records to comply with an obligation in accordance with division (B) of this section, the performanceperson allegedly aggrieved may serve pursuant to Rule 4 of 462the Ohio Rules of Civil Procedure a complaint, on a form prescribed by the peaceclerk officer'sof duties.the court of claims, to the public office or person responsible for public records allegedly responsible for the alleged failure.

463Upon (17)receipt "Restricted portions of athe body-worncomplaint cameraof orthe 464person dashboardallegedly cameraaggrieved, recording"the meanspublic anyoffice visual or audioperson portionresponsible offor 465public arecords body-wornhas camerathree orbusiness dashboarddays camerato recordingcure thator shows,otherwise 466address communicates,the orfailure disclosesalleged anyin of the following:complaint.

467 (a) The imageperson orallegedly identityaggrieved ofshall anot childfile or information that 468 could lead to the identification of a childcomplaint whowith is a primarycourt 469 subject of the recording when the department of rehabilitation 470 and correction, department of youth services, or thecommence law 471 enforcement agency knows or has reason to know the person is a 472mandamus childaction basedunder onthis thesection department'swithin or law enforcement agency's 473 records or the contentthree-day ofperiod. the recording;

474Upon (b)the Theexpiration death of athe three-day period, the person orallegedly aaggrieved deceasedmay, person'ssubject body,to 475the H.requirements of division (C) (2) of this section, do only one of the following, and not both:

(a) File a complaint with the clerk of the court of claims or the clerk of the court of common pleas under section 2743.75 of the Revised Code;

(b) Commence a mandamus action to obtain a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, that awards court costs and reasonable attorney's fees to the person that instituted the mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(3) of this section.

The mandamus action may be commenced in the court of common pleas of the county in which division (B) of this section allegedly was not complied with, in the supreme court pursuant to its original jurisdiction under Section 2 of Article IV, Ohio Constitution, or in the court of appeals for the appellate district in which division (B) of this section allegedly was not complied with pursuant to its original jurisdiction under Section 3 of Article IV, Ohio Constitution.

(2) Upon filing a complaint or mandamus action with a court under divisions (C)(1)(a) or (b) of this section, a person allegedly aggrieved shall file with the court, in conjunction with the person's complaint or petition, a written affirmation stating that the person properly transmitted a complaint to the public office or person responsible for public records, the failure alleged in the complaint has not been cured or otherwise resolved to the person's satisfaction, and that the complaint was transmitted to the public office or person responsible for public records at least three business days before the filing of the suit.

If the person fails to file an affirmation pursuant to this division, the suit Sub.

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31 Page136th 18G.A. As Passed by the House unless the death was caused by a correctional employee, youth 476 services employee, or peace officer or, subject to division (H) 477 (1) of this section, the consent of the decedent's executor or 478 administrator has been obtained;

479shall (c)be Thedismissed. death of a correctional employee, youth services 480 employee, peace officer, firefighter, paramedic, or other first 481 responder, occurring while the decedent was engaged in the 482 performance of official duties, unless, subject to division (H) 483 (1) of this section, the consent of the decedent's executor or 484 administrator has been obtained;

485(3) (d)If Grievousa bodilyrequester harm,transmits unlessa thewritten injuryrequest wasby effectedhand 486delivery, byelectronic asubmission, correctionalor employee,certified youthmail servicesto employee,inspect or peacereceive 487copies officerof or,any subjectpublic torecord divisionin (H)(1)a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the 488requester consentshall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the injuredpublic personoffice or the injuredperson person'sresponsible guardianfor 489public hasrecords beenfailed obtained;to comply with an obligation in accordance with division (B) of this section.

490Statutory (e)damages Anare actnot ofavailable severepursuant violenceto againstthis section to a person thatcommitted 491 results in serious physical harm to the person,custody unlessof the actdepartment 492of rehabilitation and injurycorrection wasor effectedthe byUnited aStates correctionalbureau employee,of youthprisons, 493 services employee, or peacea officerchild or,committed subject to division (H) 494 (1) of this section, the consentdepartment of theyouth injuredservices personas orpermitted thein 495Chapter injured2152. person's guardian has been obtained;

496 (f) Grievous bodily harm to a correctional employee, youth 497 services employee, peace officer, firefighter, paramedic, or 498 other first responder, occurring while the injured person was 499 engaged in the performance of official duties, unless, subject 500 to division (H)(1) of this section, the consentRevised ofCode. the injured 501 person or the injured person's guardian has been obtained;

502The (g)amount Anof actstatutory ofdamages severeshall violencebe resultingfixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to comply with an obligation in seriousaccordance 503with physicaldivision harm(B) againstof this section, beginning with the day on which the requester files a correctionalmandamus employee,action youthto servicesrecover 504statutory H.damages, up to a maximum of one thousand dollars.

The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information.

The existence of this injury shall be conclusively presumed.

The award of statutory damages shall be in addition to all other remedies authorized by this section.

The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following:

(a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;

(b) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.

(4) In a mandamus action filed under division (C)(1) of this section, the following apply:

(a)(i) If the court orders the public office or the person responsible for the public record to comply with division (B) of this section, the court shall determine and award to the relator all court costs, which shall be construed as remedial and not punitive.

(ii) If the court makes a determination described in division (C)(4)(b)(iii) of this section, the Sub.

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31 Page136th 19G.A. As Passed by the House employee, peace officer, firefighter, paramedic, or other first 505 responder, occurring while the injured person was engaged in the 506 performance of official duties, unless, subject to division (H) 507 (1) of this section, the consent of the injured person or the 508 injured person's guardian has been obtained;

509court (h)shall Adetermine person'sand nudeaward body, unless, subject to divisionthe (H)relator 510all (1)court ofcosts, thiswhich section,shall thebe person'sconstrued consentas hasremedial beenand obtained;not punitive.

511(b) (i)If Protected health information, the identitycourt ofrenders a personjudgment 512that inorders athe healthpublic careoffice facilityor whothe isperson notresponsible for the subjectpublic ofrecord ato 513comply correctional,with youthdivision services,(B) orof lawthis enforcementsection encounter, or 514if anythe othercourt informationdetermines inany aof healththe carefollowing, facilitythe thatcourt couldmay 515award identifyreasonable aattorney's personfees whoto is not the relator, subject ofto adivision correctional,(C)(5) 516of youththis services,section: or law enforcement encounter;

517(i) (j)The Informationpublic thatoffice couldor identify the allegedperson victimresponsible offor 518the apublic sexrecords offense,failed menacingto byrespond stalking,affirmatively or domesticnegatively violence;to the public records request in accordance with the time allowed under division (B) of this section.

519(ii) (k)The Information,public thatoffice doesor notthe constitute a confidential 520 law enforcement investigatory record, that could identify a 521 person whoresponsible providesfor sensitivethe orpublic confidentialrecords informationpromised to thepermit 522 department of rehabilitation and correction, the departmentrelator ofto 523inspect youth services, or areceive lawcopies enforcement agency when the disclosure 524 of the person'spublic identityrecords orrequested thewithin informationa providedspecified couldperiod 525of reasonablytime bebut expectedfailed to threatenfulfill orthat endangerpromise thewithin safetythat orspecified 526period property of thetime. person or another person;

527(iii) (l)The Personalpublic informationoffice ofor athe person whoresponsible isfor notthe arrested,public 528records cited,acted charged,in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued aany writtenorder warningconcluding bywhether aor peacenot officer;the public office or person was required to comply with division (B) of this section.

529No (m)discovery Proprietarymay correctional,be youthconducted services,on orthe policeissue 530of contingencythe plansalleged orbad tacticsfaith thatof arethe intendedpublic tooffice preventor crimeperson 531responsible andfor maintainthe public orderrecords. and safety;

532This (n)division Ashall personalnot conversationbe unrelatedconstrued as creating a presumption that the public office or the person responsible for the public records acted in bad faith when the office or person voluntarily made the public records available to workthe betweenrelator 533for H.the first time after the relator commenced the mandamus action, but before the court issued any order described in this division.

(c) The court shall not award attorney's fees to the relator if the court determines both of the following:

(i) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;

(ii) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.

(5) All of the following apply to any award of reasonable attorney's fees awarded under division (C)(4)(b) of this section:

Sub.

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31 Page136th 20G.A. As Passed by the House correctional employees, youth services employees, or peace 534 officers or between a correctional employee, youth services 535 employee, or peace officer and an employee of a law enforcement 536 agency;

537(a) (o)The Afees conversationshall betweenbe aconstrued correctionalas employee,remedial youth 538 services employee, or peace officer and a member of the public 539 that does not concernpunitive. correctional, youth services, or law 540 enforcement activities;

541(b) (p) The interiorfees ofawarded ashall residence,not unlessexceed the interiortotal of athe 542reasonable residenceattorney's isfees theincurred locationbefore ofthe anpublic adversarialrecord encounterwas with,made oravailable ato 543the userelator ofand forcethe by,fees adescribed correctionalin employee,division youth(C)(5) services(c) 544of employee,this orsection. peace officer;

545(c) (q)Reasonable Anyattorney's portionfees ofshall theinclude interiorreasonable offees aincurred privateto businessproduce thatproof 546of is not open to the public,reasonableness unlessand anamount adversarial encounter with, 547 or a use of forcethe by,fees aand correctionalto employee,otherwise youthlitigate servicesentitlement 548to employee,the orfees. peace officer occurs in that location.

549(d) AsThe usedcourt inmay reduce the amount of fees awarded if the court determines that, given the factual circumstances involved with the specific public records request, an alternative means should have been pursued to more effectively and efficiently resolve the dispute that was subject to the mandamus action filed under division (A)(17)(C)(1) of this section:section.

550(6) "GrievousIf bodilythe harm"court hasdoes not issue a writ of mandamus under division (C) of this section and the samecourt meaningdetermines at that time that the bringing of the mandamus action was frivolous conduct as defined in sectiondivision 551(A) 5924.120of section 2323.51 of the Revised Code.Code, the court may award to the public office all court costs, expenses, and reasonable attorney's fees, as determined by the court.

552(D) "HealthChapter care1347. facility" has the same meaning as in section 553 1337.11 of the Revised Code.

554of "Protectedthe healthRevised information"Code hasdoes thenot samelimit meaningthe asprovisions inof 555this C.F.R.section.

160.103.(E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) of this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code.

556A "Lawfuture enforcementofficial agency"may meanssatisfy athe governmentrequirements entityof this division by attending the training before taking office, provided that 557the employsfuture peaceofficial officersmay tonot performsend lawa enforcementdesignee duties.in the future official's place.

558(2) "PersonalAll information"public meansoffices anyshall government-issuedadopt 559a identificationpublic number,records datepolicy ofin birth,compliance address,with financialthis 560section information,for orresponding criminalto justicepublic informationrecords fromrequests. the law 561 H.

In adopting a public records policy under this division, a public office may obtain guidance from the model public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code.

Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.

The public office shall distribute the public records policy adopted by the public office under this division to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office.

The public office shall require that employee to acknowledge receipt of the copy of the public records policy.

The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices.

The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site.

A public office that has established a manual or handbook of its general policies Sub.

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31 Page136th 21G.A. As Passed by the House enforcement automated data system or similar databases.

562and "Sexprocedures offense"for hasall employees of the samepublic meaningoffice asshall ininclude sectionthe 2907.10public 563records policy of the Revisedpublic Code.office in the manual or handbook.

564(F)(1) "Firefighter,"The "paramedic,"bureau andof "firstmotor responder"vehicles havemay theadopt 565rules samepursuant meaningsto asChapter in119. section 4765.01 of the Revised Code.

566of (B)(1)the UponRevised requestCode by any person and subject to divisionreasonably 567limit (B)(8) of this section, all public records responsive to the 568number requestof shallbulk becommercial promptlyspecial preparedextraction andrequests made availableby fora 569person inspectionfor to the requestersame atrecords allor reasonablefor timesupdated records during 570a regularcalendar businessyear. hours.

SubjectThe torules divisionmay (B)(8)include ofprovisions thisfor 571charges section,to uponbe requestmade byfor anybulk person,commercial aspecial publicextraction officerequests or person 572 responsible for publicthe recordsactual shallcost make copies of the 573bureau, requestedplus publicspecial recordextraction availablecosts, toplus theten requesterper atcent. cost and 574 within a reasonable period of time.

575The Whenbureau consideringmay whethercharge a state or local law enforcement 576 agency promptly prepared a video record for inspectionexpenses or 577 provided a video record for productionredacting withininformation, athe reasonablerelease 578 period of time,which inis additionprohibited toby anylaw. other factors, a court shall 579 consider the time required for a state or local law enforcement 580 agency to retrieve, download, review, redact, seek legal advice 581 regarding, and produce the video record.

Notwithstanding(2) anyAs 582used otherin requirementdivision set(F)(1) forthof inthis Chaptersection: 149.

of(a) the"Actual Revisedcost" Code,means 583the acost stateof ordepleted localsupplies, lawrecords enforcementstorage agencymedia maycosts, charge a requester 584 the actual costmailing associatedand withalternative preparingdelivery acosts, videoor recordother fortransmitting 585costs, inspectionand orany production,direct notequipment tooperating exceedand seventy-fivemaintenance dollarscosts, perincluding 586actual hourcosts ofpaid videoto produced,private norcontractors sevenfor hundredcopying fiftyservices. dollars total.

587(b) As"Bulk usedcommercial inspecial thisextraction division,request" "actualmeans cost,"a withrequest respectfor tocopies videoof 588a recordsrecord only,for meansinformation allin costsa incurredformat byother than the stateformat already available, or localinformation lawthat 589cannot enforcementbe agencyextracted without examination of all items in reviewing,a blurringrecords series, class of records, or otherwisedatabase 590by obscuring,a redacting,person uploading,who intends to use or producingforward the videocopies records,for 591surveys, H.marketing, solicitation, or resale for commercial purposes.

"Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, marketing, solicitation, or resale for commercial purposes.

(c) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.

(d) "Special extraction costs" means the cost of the time spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction.

"Special extraction costs" include any charges paid to a public agency for computer or records services.

(3) For purposes of divisions (F)(1) and (2) of this section, "surveys, marketing, solicitation, or resale for commercial purposes" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.

(G) A request by a defendant, counsel of a defendant, or any agent of a defendant in a criminal action that public records related to that action be made available under this section shall be considered a demand for discovery pursuant to the Criminal Rules, except to the extent that the Criminal Rules plainly indicate a contrary intent.

The defendant, counsel of the defendant, or agent of the defendant making a request under this division shall serve a copy of the request on the prosecuting attorney, director of law, or other chief legal officer responsible for prosecuting the Sub.

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31 Page136th 22G.A. As Passed by the House including but not limited to the storage medium on which the 592 record is produced, staff time, and any other relevant overhead 593 necessary to comply with the request.

Aaction. state or local law 594 enforcement agency may include in its public records policy the 595 requirement that a requester pay the estimated actual cost 596 before beginning the process of preparing a video record for 597 inspection or production.

Where(H)(1) aAny stateportion orof locala lawbody-worn enforcementcamera 598or agencydashboard imposescamera suchrecording adescribed requirement,in itsdivisions obligation(A)(17)(b) to produce(h) aof 599this videosection ormay makebe itreleased availableby forconsent inspectionof beginsthe oncesubject of the 600recording estimatedor actuala costrepresentative isof paidthat person, as specified in fullthose bydivisions, only if either of the requester.following applies:

A(a) stateThe 601recording orwill localnot lawbe enforcementused agencyin shallconnection provide the requester with 602any theprobable estimatedor actualpending costcriminal withinproceedings; five business days of receipt 603 of the public records request.

If(b) theThe actualrecording costhas exceedsbeen theused 604in estimatedconnection actualwith cost, a statecriminal orproceeding localthat lawwas enforcementdismissed agencyor 605for maywhich charge a requesterjudgment forhas thebeen differenceentered uponpursuant fulfillingto aRule 60632 requestof for video records if the requesterRules isof notifiedCriminal inProcedure, 607and advancewill thatnot the actual cost may be upused toagain twentyin perconnection centwith higherany 608probable thanor thepending estimatedcriminal actualproceedings. cost.

A(2) stateIf a public office denies a request to release a restricted portion of a body-worn camera or localdashboard lawcamera enforcementrecording, 609as agencydefined shallin notdivision charge(A)(17) of this section, any person may file a requestermandamus action pursuant to this section or a differencecomplaint thatwith exceedsthe 610clerk twentyof perthe centcourt of claims pursuant to section 2743.75 of the estimatedRevised actualCode, cost.requesting the court to order the release of all or portions of the recording.

611 If athe publiccourt recordconsidering containsthe informationrequest determines that is exempt 612 from the dutyfiling toarticulates permitby publicclear inspectionand orconvincing toevidence copythat the public 613interest record,in the publicrecording officesubstantially oroutweighs theprivacy personinterests responsibleand forother theinterests 614asserted publicto recorddeny shallrelease, make available all of the informationcourt withinshall 615order the public recordoffice thatto isrelease notthe exempt.recording.

WhenSec. making that public 616 record available for public inspection or copying that public 617 record, the public office or the person responsible for the 618 public record shall notify the requester of any redaction or 619 make the redaction plainly visible.

A2929.20. redaction shall be deemed 620 a denial of a request to inspect or copy the redacted 621 information, except if federal or state law authorizes or 622 H.

(A) As used in this section:

(1)(a) Except as provided in division (A)(1)(b) of this section, "eligible offender" means any person who, on or after April 7, 2009, is serving a stated prison term that includes one or more nonmandatory prison terms.

A person may be an eligible offender and also may be an eighty per cent-qualifying offender or, during a declared state of emergency, a state of emergency-qualifying offender.

(b) "Eligible offender" does not include any person who, on or after April 7, 2009, is serving a stated prison term for any of the following criminal offenses that was a felony and was committed while the person held a public office in this state:

(i) A violation of section 2921.02, 2921.03, 2921.05, 2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised Code;

(ii) A violation of section 2913.42, 2921.04, 2921.11, or 2921.12 of the Revised Code, when the conduct constituting the violation was related to the duties of the offender's public office or to the offender's actions as a public official holding that public office;

(iii) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1)(b)(i) of this section;

(iv) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1)(b)(ii) of this section, when the conduct constituting the violation was related to the duties of the offender's Sub.

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31 Page136th 23G.A. As Passed by the House requires a public office to make the redaction.

When the auditor 623 of state receives a request to inspect or to make a copy of a 624 record that was provided to the auditor of state for purposes of 625 an audit, but the original public office hasor asserted to the 626offender's auditoractions ofas state that the record is not a public record,official theholding 627that auditor of state may handle the requests by directing the 628 requestor to the original public officeoffice; that provided the record 629 to the auditor of state.

630(v) (2)A Toconspiracy facilitateto broadercommit, accessattempt to publiccommit, records, a 631 public office or thecomplicity personin responsiblecommitting forany publicoffense recordslisted shall 632 organize and maintain public records in adivision manner(A)(1)(b)(i) that they can 633 be made available for inspection or copyingdescribed in accordance with 634 division (B)(A)(1)(b)(iii) of this section.section;

(vi) A publicconspiracy officeto alsocommit, shallattempt haveto 635commit, availableor acomplicity copyin committing any offense listed in division (A)(1)(b)(ii) or described in division (A)(1)(b)(iv) of itsthis currentsection, recordsif retentionthe scheduleconduct atconstituting athe 636offense locationthat readilywas availablethe subject of the conspiracy, that would have constituted the offense attempted, or constituting the offense in which the offender was complicit was or would have been related to the public.duties of the offender's public office or to the offender's actions as a public official holding that public office.

If(2) a"State requester makes 637 an ambiguous or overly broad request or has difficulty in making 638 a request for copies or inspection of publicemergency-qualifying recordsoffender" undermeans thisany 639inmate section such that the public office or the person responsible 640 for the requested public record cannot reasonably identify what 641 public records are being requested, the public office or the 642 person responsible for the requested public record may deny the 643 request but shall provide the requester with an opportunity to 644whom reviseall the request by informing the requester of the mannerfollowing inapply: 645 which records are maintained by the public office and accessed 646 in the ordinary course of the public office's or person's 647 duties.

648(a) (3)The Ifinmate a request is ultimatelyserving denied,a instated partprison orterm induring 649a whole,state theof publicemergency officethat oris thedeclared personby responsible for the 650governor requestedas publica recorddirect shallresponse provideto thea requesterpandemic withor anpublic 651health explanation,emergency. including legal authority, setting forth why the 652 request was denied.

If(b) The geographical area covered by the initialdeclared requeststate wasof providedemergency includes the location at which the inmate is serving the stated prison term described in 653division H.(A)(2)(a) of this section.

(c) There is a direct nexus between the emergency that is the basis of the governor's declaration of the state of emergency and the circumstances of, and need for release of, the inmate.

(3)(a) "Eighty per cent-qualifying offender" means an offender who is serving a stated prison term of one year or more, on or after April 4, 2023, who has commenced service of that stated prison term, who is not serving a stated prison term that includes a disqualifying prison term or a stated prison term that consists solely of one or more restricting prison terms, and to whom either of the following applies:

(i) If the offender is serving a stated prison term of one year or more that includes one or more restricting prison terms and one or more eligible prison terms, the offender has fully served all restricting prison terms and has served eighty per cent of that stated prison term that remains to be served after all restricting prison terms have been fully served.

(ii) If the offender is serving a stated prison term of one year or more that consists solely of one or more eligible prison terms, the offender has served eighty per cent of that stated prison term.

(b) For purposes of determining whether an offender is an eighty per cent-qualifying offender under division (A)(3)(a) of this section:

(i) If the offender's stated prison term includes consecutive prison terms, any restricting prison terms shall be deemed served prior to any eligible prison terms that run consecutively to the restricting prison terms, and the eligible prison terms are deemed to commence after all of the restricting prison terms have been fully served.

(ii) An offender serving a stated prison term of one year or more that includes a mandatory prison term that is not a disqualifying prison term and is not a restricting prison term is not automatically disqualified from being an eighty per cent-qualifying offender as a result of the offender's service of that mandatory term for release from prison under this section, and the offender Sub.

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31 Page136th 24G.A. As Passed by the House writing, the explanation also shall be provided to the requester 654 in writing.

Themay explanationbe shalleligible not preclude the public office 655 or the person responsible for therelease requested public record from 656prison relying upon additional reasons or legal authority in defendingaccordance 657with anthis actiondivision commencedand under division (C)(O) of this section.

658 (4) Unless"Nonmandatory specificallyprison requiredterm" ormeans authorizeda byprison stateterm orthat 659is federalnot lawa ormandatory inprison accordanceterm. with division (B) of this section, 660 no public office or person responsible for public records may 661 limit or condition the availability of public records by 662 requiring disclosure of the requester's identity or the intended 663 use of the requested public record.

Any(5) requirement"Public thatoffice" themeans 664any requesterelected disclosefederal, thestate, requester's identity or thelocal intendedgovernment useoffice 665in ofthis thestate. requested public record constitutes a denial of the 666 request.

667(6) (5)"Victim's Arepresentative" publichas officethe orsame personmeaning responsibleas for public 668 records may ask a requester to make the request in writing,section may2930.01 669 ask for the requester's identity, and may inquire about the 670 intended use of the informationRevised requested,Code. but may do so only 671 after disclosing to the requester that a written request is not 672 mandatory, that the requester may decline to reveal the 673 requester's identity or the intended use, and when a written 674 request or disclosure of the identity or intended use would 675 benefit the requester by enhancing the ability of the public 676 office or person responsible for public records to identify, 677 locate, or deliver the public records sought by the requester.

678(7) (6)"Imminent Ifdanger any person requests a copy of adeath," public"medically recordincapacitated," inand 679"terminal accordanceillness" withhave division (B) of this section, the publicsame officemeanings 680as or person responsible for the public record may require the 681 requester to pay in advancesection the2967.05 cost involved in providing the 682 copy of the publicRevised recordCode. in accordance with the choice made by 683 H.

(8) "Aggregated nonmandatory prison term or terms" means the aggregate of the following:

(a) All nonmandatory definite prison terms;

(b) With respect to any non-life felony indefinite prison term, all nonmandatory minimum prison terms imposed as part of the non-life felony indefinite prison term or terms.

(9) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.

(10) "Disqualifying prison term" means any of the following:

(a) A prison term imposed for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, kidnapping, rape, aggravated arson, aggravated burglary, or aggravated robbery;

(b) A prison term imposed for complicity in, an attempt to commit, or conspiracy to commit any offense listed in division (A)(10)(a) of this section;

(c) A prison term of life imprisonment, including any term of life imprisonment that has parole eligibility;

(d) A prison term imposed for any felony other than carrying a concealed weapon an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance;

(e) A prison term imposed for any violation of section 2925.03 of the Revised Code that is a felony of the first or second degree;

(f) A prison term imposed for engaging in a pattern of corrupt activity in violation of section 2923.32 of the Revised Code;

(g) A prison term imposed pursuant to section 2971.03 of the Revised Code;

(h) A prison term imposed for any sexually oriented offense.

(11) "Eligible prison term" means any prison term that is not a disqualifying prison term and is not a restricting prison term.

(12) "Restricting prison term" means any of the following:

(a) A mandatory prison term imposed under division (B)(1)(a), (B)(1)(c), (B)(1)(f), (B)(1) (g), (B)(2), or (B)(7) of section 2929.14 of the Revised Code for a specification of the type described in that division;

(b) In the case of an offender who has been sentenced to a mandatory prison term for a Sub.

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31 Page136th 25G.A. As Passed by the House the requester under this division.

Thespecification publicof office or the 684type persondescribed responsiblein fordivision the(A)(12)(a) publicof recordthis shallsection, permit the 685prison requesterterm toimposed choosefor to have the publicfelony recordoffense duplicatedfor upon 686 paper, upon the same medium upon which the publicspecification officewas orstated 687at person responsible for the publicend recordof keeps it, or upon any 688 other medium upon which the publicbody office or person responsible 689 for the public record determines that it reasonably can be 690 duplicated as an integral part of the normalindictment, operationscount ofin the 691indictment, public office or personinformation responsiblecharging for the publicoffense; record.

When(c) 692A theprison requesterterm makesimposed a choice under this division, the public 693 office or person responsible for thetrafficking public record shall provide 694 a copy of it in accordancepersons; with the choice made by the 695 requester.

Nothing(d) inA thisprison sectionterm requiresimposed afor publicany officeoffense orthat 696is persondescribed responsiblein fordivision the(A)(12)(d)(i) publicof recordthis tosection allowif thedivision requester(A)(12)(d)(ii) 697 of athis copysection ofapplies the public record to make the copiesoffender: of the public 698 record.

699(i) (7)(a)The Uponoffense is a requestfelony madeof inthe accordancefirst withor divisionsecond (B)degree 700that ofis thisan sectionoffense of violence and subjectthat tois not described in division (B)(6)(A)(10)(a) or (b) of this section, 701an attempt to commit a publicfelony officeof the first or personsecond responsibledegree forthat publicis recordsan shalloffense 702of transmitviolence aand copythat ofis anot publicdescribed recordin todivision any(A)(10)(a) personor by(b) Unitedof 703this Statessection mailif orthe byattempt anyis othera meansfelony of deliverythe first or transmissionsecond 704degree, withinor aan reasonableoffense periodunder an existing or former law of timethis afterstate, receivinganother state, or the requestUnited 705States forthat theis copy.or was substantially equivalent to any other offense described in this division.

(ii) The publicoffender officepreviously orwas personconvicted responsible for the 706 public record may require the person making the request to pay 707 in advance the cost of postage if the copy is transmitted by 708 United States mail or thepleaded costguilty of delivery if the copy is 709 transmitted other than by United States mail, and to payany inoffense 710listed advance the costs incurred for other supplies used in thedivision 711(A)(10) mailing,or delivery,(A)(12)(d)(i) orof transmission.this section.

712(13) (b)"Sexually Anyoriented publicoffense" officehas maythe adoptsame ameaning policyas and procedures 713 that it will follow in transmitting,section within2950.01 aof reasonablethe periodRevised 714Code. H.

(14) "Stated prison term of one year or more" means a definite prison term of one year or more imposed as a stated prison term, or a minimum prison term of one year or more imposed as part of a stated prison term that is a non-life felony indefinite prison term.

(B) On the motion of an eligible offender, on the motion of a state of emergency-qualifying offender made during the declared state of emergency, or on its own motion with respect to an eligible offender or with respect to a state of emergency-qualifying offender during the declared state of emergency, the sentencing court may reduce the offender's aggregated nonmandatory prison term or terms through a judicial release under this section.

(C)(1) Subject to division (C)(2) of this section, an eligible offender may file a motion for judicial release with the sentencing court, or a state of emergency-qualifying offender may file a motion for judicial release with the sentencing court during the declared state of emergency, within the following applicable periods:

(a) If the aggregated nonmandatory prison term or terms is less than two years, the eligible offender or state of emergency-qualifying offender may file the motion at any time after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, at any time after the expiration of all mandatory prison terms.

(b) If the aggregated nonmandatory prison term or terms is at least two years but less than five years, the eligible offender or state of emergency-qualifying offender may file the motion not earlier than one hundred eighty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than one hundred eighty days after the expiration of all mandatory prison terms.

(c) If the aggregated nonmandatory prison term or terms is five years, the eligible offender Sub.

H.

31 Page136th 26G.A. As Passed by the House of time after receiving a request, copies of public records by 715 United States mail or by any other means of delivery or 716 transmission pursuant to division (B)(7) of this section.

Aor 717state publicof officeemergency-qualifying thatoffender adoptsmay afile policythe andmotion proceduresnot underearlier divisionthan 718the (B)(7)date on which the offender has served four years of thisthe sectionoffender's shallstated complyprison withterm themor, inif performingthe itsprison 719term dutiesincludes undera thatmandatory division.prison term or terms, not earlier than four years after the expiration of all mandatory prison terms.

720(d) (c)If Inthe anyaggregated policynonmandatory andprison proceduresterm adoptedor underterms divisionis 721more (B)(7)than five years but not more than ten years, the eligible offender or state of thisemergency-qualifying section:offender may file the motion not earlier than the date on which the offender has served five years of the offender's stated prison term or, if the prison term includes a mandatory prison term or terms, not earlier than five years after the expiration of all mandatory prison terms.

722(e) (i)If Athe publicaggregated officenonmandatory mayprison limitterm theor numberterms ofis recordsmore 723than requestedten byyears, a person that the officeeligible willoffender physicallyor deliverstate byof 724emergency-qualifying Unitedoffender Statesmay mailfile orthe bymotion anothernot deliveryearlier servicethan tothe tenlater perof 725 month, unless the persondate certifieson towhich the officeoffender inhas writingserved thatone-half 726of the personoffender's doesstated notprison intendterm to use or forward the requesteddate 727specified records, or the information contained in them,division for(C)(1)(d) commercialof 728this purposes;section.

729(f) (ii)With Arespect public office that chooses to providea somestate or all 730 of itsemergency-qualifying publicoffender, recordsif on a web site that is fully accessible to 731 and searchable by members of the publicoffender's atprison allterm times,does othernot thaninclude 732a duringmandatory actsprison ofterm Godor outsideterms, the public office's control or 733if maintenance,the andoffender's thatprison chargesterm noincludes feeone to search, access, 734 download, or otherwisemore receivemandatory recordsprison providedterms onand the weboffender site,has 735completed maythe limitmandatory toprison tenterm peror monthterms, the numberstate of recordsemergency-qualifying requestedoffender bymay afile 736 person that the officemotion willat deliverany intime aduring digitalthe format,offender's unlessaggregated 737nonmandatory theprison requestedterm recordsor areterms, not provided on the web site and 738 unless the person certifies to the office in writing that thetime 739also personis doesduring not intend to use or forward the requesteddeclared records,state 740of oremergency. the information contained in them, for commercial purposes.

741(2) (iii)During Forany purposessingle declared state of divisionemergency, (B)(7)a state of thisemergency-qualifying section,offender 742may "commercial"only shallfile bea narrowlymotion construedfor andjudicial doesrelease notas includea 743state reportingof oremergency-qualifying gatheringoffender news,with reportingthe orsentencing gatheringcourt informationduring 744that H.declared state of emergency once every six months.

(D)(1)(a) Upon receipt of a timely motion for judicial release filed by an eligible offender or a state of emergency-qualifying offender under division (C) of this section, or upon the sentencing court's own motion made within the appropriate time specified in that division, the court may deny the motion without a hearing or schedule a hearing on the motion.

The court may grant the motion without a hearing for an offender under consideration for judicial release as a state of emergency- qualifying offender, but the court shall not grant the motion without a hearing for an offender under consideration as an eligible offender.

If a court denies a motion without a hearing, the court later may consider judicial release for that eligible offender or that state of emergency-qualifying offender on a subsequent motion.

For an offender under consideration for judicial release as an eligible offender, but not for one under consideration as a state of emergency-qualifying offender, the court may deny the motion with prejudice.

If a court denies a motion with prejudice, the court may later consider judicial release on its own motion.

For an offender under consideration for judicial release as a state of emergency-qualifying offender, the court shall not deny a motion with prejudice.

For an offender under consideration for judicial release as an eligible offender, but not for one under consideration as a state of emergency-qualifying offender, if a court denies a motion after a hearing, the court shall not consider a subsequent motion for that offender based on the offender's Sub.

H.

31 Page136th 27G.A. As Passed by the House to assist citizen oversight or understanding of the operation or 745 activities of government, or nonprofit educational research.

746classification (8)as A public office or person responsible for public 747 records is not required to permit a person who is incarcerated 748 pursuant to a criminal conviction or a juvenile adjudication to 749 inspect or to obtain a copy of any public record concerning a 750 criminal investigation or prosecution or concerning what would 751 be a criminal investigation or prosecution if the subject of the 752 investigation or prosecution were an adult,eligible unlessoffender. the request 753 to inspect or to obtain a copy of the record is for the purpose 754 of acquiring information that is subject to release as a public 755 record under this section and the judge who imposed the sentence 756 or made the adjudication with respect to the person, or the 757 judge's successor in office, finds that the information sought 758 in the public record is necessary to support what appears to be 759 a justiciable claim of the person.

AsThe usedcourt inmay thishold division,multiple 760hearings "publicfor recordany concerningoffender aunder criminalconsideration investigationfor orjudicial 761release prosecutionas or concerning what would be a criminalstate investigation 762 or prosecution if the subject of theemergency-qualifying investigationoffender, were an 763 adult" includes, but isshall nothold limitedonly to,one personnelhearing filesfor andany 764offender payrollunder andconsideration attendanceas recordsan ofeligible designatedoffender. public service 765 workers.

766(b) (9)(a)If Uponan writtenoffender requestis madeunder andconsideration signedfor byjudicial arelease 767as journalist,an aeligible publicoffender office,and orthe personmotion responsibleis fordenied, publicand 768if records,the havingoffender custodyat ofthat thetime recordsalso ofis theor agencysubsequently employingbecomes a 769state specifiedof designatedemergency-qualifying publicoffender, servicethe workerdenial shalldoes disclosenot tolimit theor 770affect journalistany theright address of the actualoffender personalto residencefile ofa themotion 771under designatedthis publicsection servicefor workerconsideration and,for ifjudicial therelease designatedas publica 772state serviceof worker'semergency-qualifying spouse,offender former spouse, or childfor is employed by 773 a public office, the namecourt andon addressits ofown themotion employerto ofconsider the 774offender designatedfor publicjudicial servicerelease worker'sas spouse,a formerstate spouse,of oremergency-qualifying 775offender. H.

If an offender is under consideration for judicial release as a state of emergency-qualifying offender and the motion is denied, and if the offender at that time also is or subsequently becomes an eligible offender, the denial does not limit or affect any right of the offender to file a motion under this section for consideration for judicial release as an eligible offender or for the court on its own motion to consider the offender for judicial release as an eligible offender.

(2)(a) With respect to a motion for judicial release filed by an offender as an eligible offender or made by the court on its own motion for an offender as an eligible offender, a hearing under this section shall be conducted in open court not less than thirty or more than sixty days after the motion is filed, provided that the court may delay the hearing for one hundred eighty additional days.

If the court holds a hearing, the court shall enter a ruling on the motion within ten days after the hearing.

If the court denies the motion without a hearing, the court shall enter its ruling on the motion within sixty days after the motion is filed.

(b) With respect to a motion for judicial release filed by an offender as a state of emergency- qualifying offender or made by the court on its own motion for an offender as a state of emergency- qualifying offender, the court shall notify the prosecuting attorney of the county in which the offender was indicted and may order the prosecuting attorney to respond to the motion in writing within ten days.

The prosecuting attorney shall notify the victim pursuant to the Ohio Constitution.

The prosecuting attorney shall include in the response any statement that the victim wants to be represented to the court.

The court shall consider any response from the prosecuting attorney and any statement from the victim in its ruling on the motion.

After receiving the response from the prosecuting attorney, the court either shall order a hearing consistent with divisions (E) to (I) of this section as soon as possible, or shall enter its ruling on the motion for judicial release as soon as possible.

If the court conducts a hearing, the hearing shall be conducted in open court or by a virtual, telephonic, or other form of remote hearing.

If the court holds a hearing, the court shall enter a ruling on the motion within ten days after the hearing.

If the court denies the motion without a hearing, the court shall enter its ruling on the motion within ten days after the motion is filed or after it receives the response from the prosecuting attorney.

(E) If a court schedules a hearing under divisions (D)(1) and (2)(a) of this section or under divisions (D)(1) and (2)(b) of this section, the court shall notify the subject eligible offender or state Sub.

H.

31 Page136th 28G.A. As Passed by the House child, and any past, current, and future work schedules of the 776 designated public service worker.

Theof requestemergency-qualifying shalloffender include the 777 journalist's name and title and the namehead and address of the 778state journalist'scorrectional employerinstitution andin shallwhich state that disclosuresubject ofoffender theis 779confined informationprior soughtto would be in the publichearing. interest.

780The (b)head Divisionof (B)(9)(a)the state correctional institution immediately shall notify the appropriate person at the department of thisrehabilitation sectionand alsocorrection appliesof the hearing, and the department within twenty-four hours after receipt of the notice, shall post on the database it maintains pursuant to 781section journalist5120.66 requestsof for:the Revised Code the subject offender's name and all of the information specified in division (A)(1)(c)(i) of that section.

782If (i)the Customercourt informationschedules maintained by a municipallyhearing ownedfor 783judicial orrelease, operatedthe publiccourt utility,promptly othershall thangive socialnotice securityof numbersthe 784hearing andto anythe privateprosecuting financialattorney informationof suchthe ascounty creditin reports,which 785the paymentsubject methods,eligible creditoffender cardor numbers,state andof bankemergency-qualifying accountoffender 786was information;indicted.

787Upon (ii)receipt Information about minors involved in a school vehicle 788 accident as provided in division (A)(1)(gg) of thisthe section,notice 789from otherthe thancourt, personalthe informationprosecuting asattorney definedshall indo sectionwhichever 149.45 of 790 the Revisedfollowing Code;is applicable:

791(1) (iii)Subject Ato requestdivision form(E)(2) submittedof this section, notify the victim of the offense and the victim's representative, if applicable, pursuant to athe publicOhio officeConstitution underand 792division (B) of section 149.452930.16 of the Revised Code;

793(2) (iv)If Anthe affidavitoffense submittedwas underan sectionoffense 319.28of violence that is a felony of the 794first, Revisedsecond, Code.or third degree, except as otherwise provided in this division, pursuant to the Ohio Constitution, notify the victim and the victim's representative, if applicable, of the hearing regardless of whether the victim or victim's representative has requested the notification.

795Except (c)when Asnotice usedto inthe divisionvictim (B)(9)is ofrequired thisunder section,the 796Ohio "journalist"Constitution, meansthe anotice personof engagedthe in,hearing connectedshall with,not orbe 797given employedunder bythis anydivision newsto medium, including a newspaper,victim magazine,or 798victim's pressrepresentative association,if newsthe agency,victim or wirevictim's service,representative ahas radiorequested orpursuant 799to televisiondivision station,(B)(2) orof asection similar2930.03 medium,of for the purposeRevised ofCode 800that gathering,the processing,victim transmitting,or compiling,the editing,victim's orrepresentative 801not disseminatingbe informationprovided for the generalnotice. public.

802If (10)notice Uponis ato requestbe madeprovided byto a victim,victim or victim's attorney,representative 803under orthis victim'sdivision, representative,the asprosecuting thatattorney termmay isgive usedthe notice by any reasonable means, including regular mail, telephone, and electronic mail, in accordance with division (D)(1) of section 8042930.16 H.of the Revised Code.

If the notice is based on an offense committed prior to March 22, 2013, the notice also shall include the opt-out information described in division (D)(1) of section 2930.16 of the Revised Code.

The prosecuting attorney, in accordance with division (D)(2) of section 2930.16 of the Revised Code, shall keep a record of all attempts to provide the notice, and of all notices provided, under this division.

Division (E)(2) of this section, and the notice-related provisions of division (K) of this section, division (D)(1) of section 2930.16, division (H) of section 2967.12, division (E)(1)(b) of section 2967.19 as it existed prior to April 4, 2023, division (A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28, and division (A)(2) of section 5149.101 of the Revised Code enacted in the act in which division (E)(2) of this section was enacted, shall be known as "Roberta's Law." (F) Upon an offender's successful completion of rehabilitative activities, the head of the state correctional institution may notify the sentencing court of the successful completion of the activities.

(G) Prior to the date of the hearing on a motion for judicial release made by an eligible offender, by a state of emergency-qualifying offender, or by a court on its own under this section, the head of the state correctional institution in which the subject offender is confined shall send to Sub.

H.

31 Page136th 29G.A. As Passed by the House 2930.02 of the Revised Code, a public office or person 805 responsible for public records shall transmit a copy of a 806 depiction of the victim as described in division (A)(1)(ii) of 807 this section to the victim, victim's attorney, or victim's 808 representative.

809the (C)(1)court Ifan ainstitutional personsummary allegedlyreport ison aggrieved by the failureoffender's 810conduct ofin a public office or the personinstitution responsible for public records 811 to promptly prepare a public record and to make it available to 812 the person for inspection in accordance with division (B) of 813 this section or by any otherinstitution failurefrom ofwhich a public office or the 814offender person responsible for public records to comply with an 815 obligation in accordance with division (B) of this section, the 816 person allegedly aggrieved may servehave pursuantbeen totransferred. Rule 4 of the 817 Ohio Rules of Civil Procedure a complaint, on a form prescribed 818 by the clerk of the court of claims, to the public office or 819 person responsible for public records allegedly responsible for 820 the alleged failure.

Upon receiptthe request of the complaintprosecuting attorney of the personcounty 821in allegedlywhich aggrieved, the publicsubject officeoffender was indicted or personof responsibleany forlaw 822enforcement publicagency, recordsthe hashead threeof businessthe daysstate tocorrectional cureinstitution, orat otherwisethe 823same addresstime the failureperson allegedsends inthe institutional summary report to the complaint.court, also shall send a copy of the report to the requesting prosecuting attorney and law enforcement agencies.

The personinstitutional 824summary allegedlyreport aggrieved shall notcover filethe asubject complaintoffender's withparticipation ain courtschool, orvocational 825training, commencework, atreatment, mandamusand actionother underrehabilitative thisactivities sectionand withinany thedisciplinary three-action 826taken dayagainst period.the subject offender.

UponThe thereport expirationshall ofbe themade three-daypart period,of the 827record person allegedly aggrieved may, subject to the requirements of 828 division (C)(2) of this section, do only one of the following,hearing. 829 and not both:

830A (a)presentence Fileinvestigation areport complaintis withnot therequired clerkfor ofjudicial therelease. court of claims 831 or the clerk of the court of common pleas under section 2743.75 832 of the Revised Code;

833(H) (b)If Commencethe court grants a mandamushearing actionon toa obtainmotion for judicial release made by an eligible offender, by a judgmentstate thatof 834emergency-qualifying H.offender, or by a court on its own under this section, the subject offender shall attend the hearing if ordered to do so by the court.

Upon receipt of a copy of the journal entry containing the order, the head of the state correctional institution in which the subject offender is incarcerated shall deliver the subject offender to the sheriff of the county in which the hearing is to be held.

The sheriff shall convey the subject offender to and from the hearing.

(I) At the hearing on a motion for judicial release under this section made by an eligible offender, by a state of emergency-qualifying offender, or by a court on its own, the court shall afford the subject offender and the offender's attorney an opportunity to present written and, if present, oral information relevant to the motion.

The court shall afford a similar opportunity to the prosecuting attorney, the victim, the victim's representative, the victim's attorney, if applicable, and any other person the court determines is likely to present additional relevant information.

The court shall consider any oral or written statement of a victim, victim's representative, and victim's attorney, if applicable, made pursuant to section 2930.14 or 2930.17 of the Revised Code, any victim impact statement prepared pursuant to section 2947.051 of the Revised Code, and any report made under division (G) of this section.

The court may consider any written statement of any person submitted to the court pursuant to division (L) of this section.

If the motion alleges that the offender who is the subject of the motion is an eligible offender and the court makes an initial determination that the offender satisfies the criteria for being an eligible offender, or if the motion alleges that the offender who is the subject of the motion is a state of emergency-qualifying offender and the court makes an initial determination that the offender satisfies the criteria for being a state of emergency-qualifying offender, the court shall determine whether to grant the motion.

After ruling on the motion, the court shall notify the prosecuting attorney of the county in which the eligible offender or state of emergency-qualifying offender was indicted of the ruling, and the prosecuting attorney shall notify the victim and the victim's representative of the ruling in accordance with sections 2930.03 and 2930.16 of the Revised Code or, if the court granted the motion, in accordance with division (K) of this section.

Sub.

H.

31 Page136th 30G.A. As Passed by the House orders the public office or the person responsible for the 835 public record to comply with division (B) of this section, that 836 awards court costs and reasonable attorney's fees to the person 837 that instituted the mandamus action, and, if applicable, that 838 includes an order fixing statutory damages under division (C)(3) 839 of this section.

The(J)(1) mandamusA action may be commenced in the 840 court ofshall commonnot pleasgrant ofa thejudicial countyrelease inunder which division (B) of 841 this section allegedly was not complied with, in the supreme 842 court pursuant to itsan originaloffender jurisdictionwho underis Sectionimprisoned 2for ofa 843felony Article IV, Ohio Constitution, or in the court of appeals for 844 the appellatefirst districtor insecond whichdegree divisionand (B)who ofis thisunder sectionconsideration 845as allegedlyan waseligible notoffender, compliedor withto pursuantan tooffender itswho originalcommitted 846an jurisdictionoffense under SectionChapter 32925. of Article IV, Ohio Constitution.

847 (2) Upon filing a complaint or mandamus3719. action with a 848 court under divisions (C)(1)(a) or (b) of this section, a person 849 allegedly aggrieved shall file with the court, in conjunction 850 with the person's complaint or petition, a written affirmation 851 stating that the person properly transmitted a complaint to the 852 public office or person responsible for public records, the 853 failure alleged in the complaint has not been cured or otherwise 854 resolved to the person's satisfaction, and that the complaint 855 was transmitted to the public office or person responsible for 856 public records at least three business days before the filing of 857 the suit.

Ifof the personRevised failsCode, towho fileis under consideration as an affirmationeligible pursuantoffender, and for whom there was a presumption under section 2929.13 of the Revised Code in favor of a prison term, unless the court, with reference to 858factors thisunder division,section 2929.12 of the suitRevised shallCode, befinds dismissed.both of the following:

859(a) (3)That If a requestersanction transmitsother than a writtenprison requestterm bywould handadequately 860punish delivery,the electronicoffender submission,and orprotect certifiedthe mail to inspect or 861 receive copies of any public recordfrom infuture acriminal mannerviolations thatby fairlythe 862offender describesbecause the publicapplicable recordfactors orindicating classa oflesser publiclikelihood recordsof torecidivism theoutweigh 863 public office or person responsible for the requestedapplicable publicfactors 864indicating records,a exceptgreater aslikelihood otherwiseof providedrecidivism; in this section, the 865 H.

(b) That a sanction other than a prison term would not demean the seriousness of the offense because factors indicating that the offender's conduct in committing the offense was less serious than conduct normally constituting the offense outweigh factors indicating that the eligible offender's conduct was more serious than conduct normally constituting the offense.

(2) A court that grants a judicial release under division (J)(1) of this section to an offender who is under consideration as an eligible offender shall specify on the record both findings required in that division and also shall list all the factors described in that division that were presented at the hearing.

(3)(a) Subject to division (J)(3)(b) of this section, a court shall grant a judicial release under this section to an offender who is under consideration as a state of emergency-qualifying offender if the court determines that the risks posed by incarceration to the health and safety of the offender, because of the nature of the declared state of emergency, outweigh the risk to public safety if the offender were to be released from incarceration.

(b) A court shall not grant a judicial release under this section to an offender who is imprisoned for a felony of the first or second degree and is under consideration for judicial release as a state of emergency-qualifying offender unless the court, with reference to the factors specified under section 2929.12 of the Revised Code, finds both of the criteria set forth in divisions (J)(1)(a) and (b) of this section.

(K) If the court grants a motion for judicial release under this section, the court shall order the release of the eligible offender or state of emergency-qualifying offender, shall place the offender under an appropriate community control sanction, under appropriate conditions, and under the supervision of the department of probation serving the court and shall reserve the right to reimpose the sentence that it reduced if the offender violates the sanction.

If the court reimposes the reduced sentence, it may do so either concurrently with, or consecutive to, any new sentence imposed on the eligible offender or state of emergency-qualifying offender as a result of the violation that is a new offense.

Except as provided in division (N)(5)(b) of this section, the period of community control shall be no longer than five years.

The court, in its discretion, may reduce the period of community control by the amount of time the offender spent in jail or prison for the Sub.

H.

31 Page136th 31G.A. As Passed by the House requester shall be entitled to recover the amount of statutory 866 damages set forth in this division if a court determines that 867 the public office or the person responsible for public records 868 failed to comply with an obligation in accordance with division 869 (B) of this section.

Statutoryoffense damages are not available 870 pursuant to this section to a person committed to the custody of 871 the department of rehabilitation and correction or the United 872 States bureau of prisons, or a child committed to the department 873 of youth services as permitted in Chapterprison. 2152.

If the court made any findings pursuant to division (J)(1) of this section, the Revisedcourt 874shall Code.serve a copy of the findings upon counsel for the parties within fifteen days after the date on which the court grants the motion for judicial release.

875If Thethe amountcourt ofgrants statutorya damagesmotion shall be fixed at one 876 hundred dollars for eachjudicial businessrelease, day during which the publiccourt 877shall officenotify orthe appropriate person responsibleat for the requesteddepartment publicof recordsrehabilitation 878and failedcorrection, toand complythe withdepartment anshall obligationpost innotice accordance with division 879 (B) of this section, beginning with the dayrelease on which the 880database requesterit filesmaintains apursuant mandamus action to recoversection statutory5120.66 damages, 881 up to a maximum of onethe thousandRevised dollars.Code.

The awardcourt ofalso statutoryshall 882notify damagesthe shallprosecuting notattorney beof construedthe ascounty ain penalty,which butthe aseligible compensationoffender 883or forstate injuryof arisingemergency- fromqualifying lostoffender usewas ofindicted that the requestedmotion information.has been granted.

884When Thenotice existenceto ofthe thisvictim injuryis required under the Ohio Constitution, the prosecuting attorney shall benotify conclusivelythe presumed.victim and the victim's representative, if applicable, of the judicial release.

TheIn 885all awardother cases, unless the victim or the victim's representative has requested pursuant to division (B)(2) of statutorysection damages2930.03 shallof the Revised Code that the victim or victim's representative not be provided the notice, the prosecuting attorney shall notify the victim and the victim's representative, if applicable, of the judicial release in additionany manner, and in accordance with the same procedures, pursuant to allwhich otherthe 886prosecuting remediesattorney is authorized byto provide notice of the hearing pursuant to division (E)(2) of this section.

887If Thethe courtnotice mayis reducebased on an awardoffense ofcommitted statutoryprior damagesto orMarch not22, 8882013, awardthe statutorynotice damagesto ifthe victim or victim's representative also shall include the courtopt-out determinesinformation bothdescribed in division (D)(1) of section 2930.16 of the 889Revised following:Code.

890(L) (a)In That,addition basedto onand independent of the ordinaryright applicationof a victim to make a statement pursuant to section 2930.14, 2930.17, or 2946.051 of statutorythe 891Revised lawCode and caseany lawright asof ita existedperson atto present written information or make a statement pursuant to division (I) of this section, any person may submit to the court, at any time ofprior to the conducthearing oron 892the threatenedmotion conductfor judicial release of the publiceligible officeoffender or personstate responsibleof 893emergency-qualifying foroffender, a written statement concerning the requestedeffects publicof recordsthe thatoffender's allegedlycriminal constitutesoffense, athe 894circumstances failuresurrounding tothe complycriminal withoffense, anthe obligationmanner in accordancewhich withthe divisioncriminal 895offense H.was perpetrated, and the person's opinion as to whether the offender should be released.

(M)(1) The changes to this section that are made on September 30, 2011, apply to any judicial release decision made on or after September 30, 2011, for any eligible offender, subject to division (M)(2) of this section.

(2) The changes to this section that are made on April 4, 2023, apply to any judicial release application, and any judicial release decision, made on or after April 4, 2023, for any eligible offender or state of emergency-qualifying offender.