Bill Text: OH HB391 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To establish an address confidentiality program for individuals who reasonably believe that they are in danger of being threatened or physically harmed by another person, to exclude the residential and familial information of a federal law enforcement officer from the definition of a public record, to include federal law enforcement officers among the protected individuals who are authorized to request a public office other than the county auditor to redact the person's address from any record made available to the general public on the internet, and to include those officers among the protected individuals who may request the county auditor to replace the person's name with the person's initials on the general tax list and duplicate.

Spectrum: Moderate Partisan Bill (Democrat 36-9)

Status: (Engrossed - Dead) 2010-04-15 - To State & Local Government & Veterans Affairs [HB391 Detail]

Download: Ohio-2009-HB391-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 391

Representative Chandler 

Cosponsors: Representatives Harris, Weddington, Williams, B., Boyd, Foley, Fende, Domenick, Yuko, Williams, S., Brown, Murray, Ujvagi, Garland, Phillips, Heard, Hagan, Lehner, Okey, Belcher, Blair, Carney, Combs, Daniels, DeBose, Driehaus, Dyer, Evans, Garrison, Gerberry, Goyal, Harwood, Koziura, Letson, Luckie, Newcomb, Oelslager, Pillich, Reece, Sears, Skindell, Snitchler, Stewart, Walter, Winburn 

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A BILL

To amend sections 149.43, 149.45, 319.28, 319.54,

1

2903.213, 2903.214, 3113.31, 3503.15, and 3509.03

2

and to enact sections 111.31, 111.32, 111.321,

3

111.33 to 111.40, 2901.44, and 3503.151 of the

4

Revised Code to establish an address

5

confidentiality program for individuals who

6

reasonably believe that they are in danger of

7

being threatened or physically harmed by another

8

person, to exclude the residential and familial

9

information of a federal law enforcement officer

10

from the definition of a public record, to include

11

federal law enforcement officers among the

12

protected individuals who are authorized to

13

request a public office other than the county

14

auditor to redact the person's address from any

15

record made available to the general public on the

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internet, and to include those officers among the

17

protected individuals who may request the county

18

auditor to replace the person's name with the

19

person's initials on the general tax list and

20

duplicate.

21

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

Section 1.  That sections 149.43, 149.45, 319.28, 319.54,	22
2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 be amended and	23
sections 111.31, 111.32, 111.321, 111.33, 111.34, 111.35, 111.36,	24
111.37, 111.38, 111.39, 111.40, 2901.44, and 3503.151 of the	25
Revised Code be enacted to read as follows:	26

Sec. 111.31. As used in sections 111.31 to 111.40 of the	27
Revised Code:	28

(A) "Address" means a residential street address, school	29
address, or work address of a person as specified on an	30
application to be a program participant under section 111.32 of	31
the Revised Code.	32

(B) "Application assistant" means a person who is designated	33
by the secretary of state to help individuals complete	34
applications to be program participants and who has received	35
training and certification from the secretary of state for that	36
purpose.	37

(C) "Confidential address" means an address that is required	38
to be kept confidential once a program participant is certified	39
under division (C) of section 111.32 of the Revised Code.	40

(D) "Governmental entity" means the state, a political	41
subdivision of the state, or any department, agency, board,	42
commission, or other instrumentality of the state or a political	43
subdivision of the state.	44

(E) "Guardian," "incompetent," "parent," and "ward" have the	45
same meanings as in section 2111.01 of the Revised Code.	46

(F) "Program participant" means a person certified as a	47
program participant under sections 111.31 to 111.40 of the Revised	48
Code.	49

(G) "Shelter for victims of domestic violence" has the same	50
meaning as in section 3113.33 of the Revised Code.	51

(H) "Tier I sex offender/child-victim offender," "tier II sex	52
offender/child-victim offender," and "tier III sex	53
offender/child-victim offender" have the same meanings as in	54
section 2950.01 of the Revised Code.	55

Sec. 111.32. (A) Subject to division (E) of this section, an	56
adult person, a parent, or a guardian acting on behalf of a minor,	57
incompetent, or ward may apply with the assistance of an	58
application assistant to the secretary of state to have an address	59
designated by the secretary of state serve as the person's address	60
or the address of the minor, incompetent, or ward. The secretary	61
of state shall approve an application if it is filed in the manner	62
and on the form prescribed under sections 111.31 to 111.40 of the	63
Revised Code and if it contains all of the following:	64

(1) A sworn statement by the applicant that the applicant	65
fears for the safety of the applicant, the applicant's children,	66
or the minor, incompetent, or ward on whose behalf the application	67
is made and that one or more of the following apply:	68

(a) The applicant provides proof that the applicant, any of	69
the applicant's children, or the minor, incompetent, or ward on	70
whose behalf the application is made is a victim of a violation of	71
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	72
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,	73
2907.09, 2911.211, 2919.22, or 2919.25 of the Revised Code.	74

(b) The applicant provides proof that the applicant, any of	75
the applicant's children, or the minor, incompetent, or ward on	76
whose behalf the application is made has a protection order issued	77
or consent agreement approved under section 2903.213, 2903.214, or	78
3113.31 of the Revised Code or a protection order issued by a	79
court of another state that has been registered under section	80
2919.272 of the Revised Code.	81

(c) The applicant reasonably fears that the applicant, any of	82
the applicant's children, or the minor, incompetent, or ward on	83
whose behalf the application is made is in danger of being	84
threatened or physically harmed by another person.	85

(2) A designation of the secretary of state as the agent for	86
the purposes of receiving service of process and the receipt of	87
mail;	88

(3) The mailing address at which the applicant may be	89
contacted by the secretary of state, and the telephone number or	90
numbers at which the applicant may be called by the secretary of	91
state;	92

(4) The new address or addresses that the applicant requests	93
not be disclosed for the reason that disclosure will increase the	94
risk that the applicant, the applicant's children, or the minor,	95
incompetent, or ward on whose behalf the application is made will	96
be threatened or physically harmed by another person;	97

(5) The signature of the applicant, the name, work address,	98
and signature of the application assistant who assisted the	99
applicant in applying to become a program participant, and the	100
date on which the applicant and application assistant signed the	101
application;	102

(6) The name, occupation if known, and contact information if	103
known of the person the applicant reasonably believes will	104
threaten or physically harm the applicant, the applicant's	105
children, or the minor, incompetent, or ward on whose behalf the	106
application is made.	107

(B) Any person who files an application under division (A) of	108
this section shall file the application with the office of the	109
secretary of state.	110

(C) Upon the filing of a properly completed application, the	111
secretary of state shall certify the applicant or the minor,	112
incompetent, or ward on whose behalf the application is filed as a	113
program participant. The certification of a program participant	114
shall be valid for four years after the date of the filing of the	115
application for the program participant unless the certification	116
is withdrawn or invalidated before the end of that four-year	117
period. A program participant may renew the program participant's	118
certification pursuant to the renewal procedure adopted by the	119
secretary of state under section 111.40 of the Revised Code.	120

(D) No person shall falsely attest in an application that	121
disclosure of the applicant's address would endanger the	122
applicant's safety, the safety of the applicant's children, or the	123
safety of the minor, incompetent, or ward on whose behalf the	124
application is made or knowingly provide false or incorrect	125
information upon making an application. A violation of this	126
prohibition shall be grounds for removal from the address	127
confidentiality program.	128

(E) No tier I sex offender/child-victim offender, tier II sex	129
offender/child-victim offender, or tier III sex	130
offender/child-victim offender is eligible to apply to the	131
secretary of state to have an address designated by the secretary	132
of state serve as the person's address under sections 111.31 to	133
111.40 of the Revised Code.	134

Sec. 111.321.  (A) In any criminal action involving a	135
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	136
2903.22, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	137
2907.08, 2907.09, 2911.211, 2919.22, or 2919.25 of the Revised	138
Code, upon the conviction or plea of guilty of the defendant, the	139
court shall notify in writing the victim of the offense if an	140
adult person or a parent or guardian acting on behalf of the	141
victim who is a minor, incompetent, or ward of the right of the	142
person to apply with the assistance of an application assistant to	143
the secretary of state under sections 111.31 to 111.40 of the	144
Revised Code to have an address designated by the secretary of	145
state serve as the person's address or the address of the minor,	146
incompetent, or ward. The person may apply with the assistance of	147
an application assistant to the secretary of state pursuant to	148
those sections to have an address designated by the secretary of	149
state serve as the person's address or the address of the minor,	150
incompetent, or ward.	151

(B) In any proceeding under section 2903.213 of the Revised	152
Code, upon the issuance of a protection order, the court shall	153
notify in writing the person who filed the motion for the	154
protection order of the right of the person to apply with the	155
assistance of an application assistant to the secretary of state	156
under sections 111.31 to 111.40 of the Revised Code to have an	157
address designated by the secretary of state serve as the person's	158
address or the address of the person on whose behalf the	159
protection order was issued. The person who filed the motion for	160
the protection order may apply with the assistance of an	161
application assistant to the secretary of state pursuant to those	162
sections to have an address designated by the secretary of state	163
serve as the person's address or the address of the person on	164
whose behalf the protection order was issued.	165

(C) In any proceeding under section 2903.214 or 3113.31 of	166
the Revised Code, upon the issuance of a protection order or the	167
approval of a consent agreement, the court shall notify in writing	168
the petitioner in the proceeding of the right of the petitioner to	169
apply with the assistance of an application assistant to the	170
secretary of state under sections 111.31 to 111.40 of the Revised	171
Code to have an address designated by the secretary of state serve	172
as the petitioner's address or the address of the person on whose	173
behalf the protection order was issued or the consent agreement	174
was approved. The petitioner may apply with the assistance of an	175
application assistant to the secretary of state pursuant to those	176
sections to have an address designated by the secretary of state	177
serve as the petitioner's address or the address of the person on	178
whose behalf the protection order was issued or the consent	179
agreement was approved.	180

Sec. 111.33. (A) A program participant may request that a	181
governmental entity use the address designated by the secretary of	182
state as the program participant's address. Except as otherwise	183
provided in division (D) of this section, if the program	184
participant requests that a governmental entity use that address,	185
the governmental entity shall accept that address.	186

(B) A program participant may use the address designated by	187
the secretary of state as the program participant's address at the	188
program participant's place of employment.	189

(C)(1) The office of the secretary of state shall daily place	190
all first class mail of a program participant that the secretary	191
of state receives that day into an envelope or package and mail	192
that envelope or package to the program participant at the mailing	193
address of the program participant provided in the program	194
participant's application under section 111.32 of the Revised	195
Code.	196

(2) The secretary of state may contract with the United	197
States postal service to establish special postal rates for the	198
envelopes or packages used in mailing a program participant's	199
first class mail under this section.	200

(D) Division (A) of this section does not apply to a	201
municipal-owned public utility. The confidential addresses of	202
participants of the address confidentiality program that are	203
maintained by a municipal-owned public utility are not a public	204
record and shall not be released by a municipal-owned public	205
utility or by any employee of a municipal-owned public utility.	206

Sec. 111.34. (A) Except as otherwise provided in this	207
section, a program participant who is a qualified elector may vote	208
by absent voter's ballots under Chapter 3509. of the Revised Code.	209
The program participant shall apply to the secretary of state for	210
those ballots using the participant's confidential address.	211
Bipartisan teams of employees of the office of the secretary of	212
state shall determine the precinct in which the program	213
participant resides and the ballot style that the program	214
participant should receive and shall request the program	215
participant absent voter's ballot from the board of elections. The	216
board of elections shall send to the secretary of state the	217
ballots appropriate for the precinct where the participant's true	218
residence is located. The office of the secretary of state shall	219
forward the ballot to the program participant and instruct the	220
program participant to return the program participant's ballot to	221
the office of the secretary of state. Bipartisan teams of	222
employees of the office of the secretary of state shall verify	223
that the program participant is registered and eligible to vote	224
using the secretary of state's participant voter registration	225
system and that the ballot envelope was properly completed before	226
forwarding for tabulation the ballot to the board of elections in	227
the county where the program participant voter resides. The absent	228
voter's ballots provided to program participants shall be referred	229
to as "ACP absent voter's ballots." The board of elections shall	230
accept all ballots forwarded by the secretary of state that are	231
postmarked prior to election day for up to ten days after election	232
day.	233

(B) Each employee of the office of the secretary of state who	234
serves on a bipartisan team that handles program participants'	235
absent voter's ballots shall subscribe to an oath that the	236
employee will faithfully execute the employee's duties to the best	237
of the employee's ability.	238

(C) Except as otherwise provided in sections 111.35 and	239
111.36 of the Revised Code and notwithstanding any provision of	240
sections 3503.15 and 3503.26 or any other section of the Revised	241
Code to the contrary, the secretary of state shall not disclose or	242
make a program participant's voter registration record available	243
for public inspection or copying. A program participant's voter	244
registration record will be subject to a mandatory audit every	245
four years by the auditor of state. The results of that audit are	246
not a public record and shall be kept only by the auditor of state	247
and the secretary of state.	248

(D) "Bipartisan teams" means two designated employees of the	249
office of the secretary of state who are from different political	250
parties.	251

Sec. 111.35. (A) A person may petition the court of common	252
pleas of Franklin county for a hearing to order the secretary of	253
state to make a program participant's confidential address	254
available to the person.	255

(B) Upon the filing of a petition under this section, the	256
court shall fix a date for a hearing on it and require the clerk	257
of the court of common pleas of Franklin county to serve a notice	258
of the date, time, place, and purpose of the hearing upon the	259
petitioner and the program participant. The clerk shall notify by	260
electronic means the secretary of state on behalf of the program	261
participant and shall send the notice by certified mail, return	262
receipt requested, to the participant.	263

(C) Upon receipt of a notice under division (B) of this	264
section by the secretary of state, the secretary of state shall	265
forward by certified mail, return receipt requested, a copy of the	266
individual notice to the program participant at the program	267
participant's confidential address. The return receipt shall be	268
addressed to the clerk of the applicable court of common pleas.	269
The court shall not hear the petition until the clerk receives the	270
return receipt containing proof of service of the notice upon the	271
program participant.	272

(D) At a hearing under this section, the program participant	273
or the program participant's attorney may appear and be heard.	274
After the hearing and considering the testimony, the court shall	275
issue the requested order only if good cause is shown for the	276
order and it appears to the court by clear and convincing evidence	277
that the disclosure of the program participant's confidential	278
address will not increase the risk that the program participant	279
will be threatened or harmed by another person.	280

Sec. 111.36. (A) Notwithstanding any provision of sections	281
3503.15 and 3503.26 or any other section of the Revised Code to	282
the contrary, the secretary of state shall not disclose or make a	283
program participant's confidential address available for	284
inspection or copying, except under the following circumstances:	285

(1)(a) The secretary of state shall disclose a program	286
participant's confidential address to a law enforcement officer,	287
prosecuting attorney, city director of law, or similar chief legal	288
officer, or their designees, acting pursuant to a search warrant,	289
subpoena, or court order.	290

(b) A law enforcement officer may obtain the confidential	291
address of a program participant from an electronic database	292
maintained by the secretary of state under section 111.40 of the	293
Revised Code and accessed through existing electronic databases	294
that are regularly used by law enforcement officers if none of the	295
following applies to the law enforcement officer:	296

(i) The officer is the offender of a violation as described	297
in division (A)(1)(a) of section 111.32 of the Revised Code.	298

(ii) The officer is the person against whom a protection	299
order is issued or a consent agreement is approved as described in	300
division (A)(1)(b) of section 111.32 of the Revised Code.	301

(iii) The officer is the person an applicant reasonably fears	302
as causing the danger of being threatened or physically harmed as	303
described in division (A)(1)(c) of section 111.32 of the Revised	304
Code.	305

(2) If a court orders that a program participant's	306
confidential address be made available to a person under section	307
111.35 of the Revised Code, the secretary of state shall make it	308
available to the person named in the court order.	309

(3) If the secretary of state has canceled a program	310
participant's certification under section 111.37 of the Revised	311
Code, the secretary of state may make the address available for	312
inspection or copying under section 3503.26 of the Revised Code.	313

(B)(1) No person who obtains the confidential address of a	314
program participant from the office of the secretary of state	315
shall, with knowledge that the confidential address is protected	316
in the address confidentiality program established under sections	317
111.31 to 111.40 of the Revised Code, knowingly disclose the	318
confidential address to any person not authorized to receive that	319
confidential address.	320

(2) Division (B)(1) of this section does not apply to either	321
of the following:	322

(a) Any disclosure of the confidential address of a program	323
participant to a law enforcement officer acting within the scope	324
of the officer's duties in the investigation or prosecution of a	325
criminal offense;	326

(b) Any disclosure of the confidential address of a program	327
participant in any grand jury proceeding, any judicial proceeding,	328
or any filing, notice, discovery, motion, or other process	329
incident to a judicial proceeding.	330

(3) Whoever violates division (B)(1) of this section is	331
guilty of a felony of the fifth degree.	332

Sec. 111.37. (A) The secretary of state shall immediately	333
cancel the certification of a program participant under either of	334
the following circumstances:	335

(1) The program participant's application contained one or	336
more false statements.	337

(2) The program participant requests to cease being a program	338
participant.	339

(B) The secretary of state may cancel the certification of a	340
program participant if the program participant's address changes	341
from any address listed on the application made under section	342
111.32 of the Revised Code, unless the program participant or the	343
person who applied for the program on behalf of the program	344
participant provides the secretary of state with written notice of	345
the change of address within five days after the change of address	346
occurs.	347

Sec. 111.38. (A) The secretary of state may designate one or	348
more employees or volunteers of various shelters for victims of	349
domestic violence or other agencies within a county that serve	350
victims of abuse to serve as application assistants for the	351
applicants.	352

(B) Application assistants shall comply with the requirements	353
for training and certification adopted by the secretary of state	354
under section 111.40 of the Revised Code.	355

Sec. 111.39. (A) Notwithstanding any provision of Chapter	356
2743. or any other section of the Revised Code to the contrary,	357
the state and the office of the secretary of state are not liable	358
in damages for injury, death, or loss to person or property that	359
allegedly arises from the performance of the secretary of state's	360
duties under sections 111.31 to 111.40 of the Revised Code.	361
Section 9.86 of the Revised Code applies to all officers and	362
employees of the office of the secretary of state in relation to	363
that performance.	364

(B) Any assistance or counseling rendered to program	365
applicants or program participants by the office of the secretary	366
of state or by certified application assistants is not legal	367
advice.	368

Sec. 111.40. (A) The secretary of state shall adopt rules	369
under Chapter 119. of the Revised Code to facilitate the	370
administration of sections 111.31 to 111.40 of the Revised Code.	371

(B) The secretary of state also shall adopt rules under	372
Chapter 119. of the Revised Code to establish the following:	373

(1) Guidelines for maintaining the confidentiality of the	374
voter registration records of program participants;	375

(2) Requirements for the training and certification of	376
application assistants;	377

(3) The application for certification as a program	378
participant;	379

(4) The procedure for renewal of certification as a program	380
participant.	381

(C) The secretary of state shall prescribe forms necessary	382
for the administration of the address confidentiality program,	383
including, but not limited to, an address confidentiality program	384
identification card. Application assistants and other persons	385
involved in registering participants in the address	386
confidentiality program shall use the forms prescribed by the	387
secretary of state.	388

(D)(1) The secretary of state shall maintain an electronic	389
database that contains the names and confidential addresses of	390
participants in the address confidentiality program and any other	391
information that the secretary of state considers appropriate	392
regarding the participants. Except as otherwise provided in this	393
division, the database is not a public record open for inspection	394
under section 149.43 of the Revised Code. Subject to division	395
(A)(1)(b) of section 111.36 of the Revised Code, any law	396
enforcement officer may access the database to obtain the	397
confidential address of a program participant.	398

(2) The secretary of state and the attorney general shall	399
enter into a memorandum of understanding to make any data	400
pertaining to participants in the address confidentiality program	401
available in a secure manner to law enforcement officers while	402
maintaining a high level of safety for program participants.	403

Sec. 149.43.  (A) As used in this section:

404

(1) "Public record" means records kept by any public office,	405
including, but not limited to, state, county, city, village,	406
township, and school district units, and records pertaining to the	407
delivery of educational services by an alternative school in this	408
state kept by the nonprofit or for-profit entity operating the	409
alternative school pursuant to section 3313.533 of the Revised	410
Code. "Public record" does not mean any of the following:	411

(a) Medical records;

412

(b) Records pertaining to probation and parole proceedings or	413
to proceedings related to the imposition of community control	414
sanctions and post-release control sanctions;	415

(c) Records pertaining to actions under section 2151.85 and	416
division (C) of section 2919.121 of the Revised Code and to	417
appeals of actions arising under those sections;	418

(d) Records pertaining to adoption proceedings, including the	419
contents of an adoption file maintained by the department of	420
health under section 3705.12 of the Revised Code;	421

(e) Information in a record contained in the putative father	422
registry established by section 3107.062 of the Revised Code,	423
regardless of whether the information is held by the department of	424
job and family services or, pursuant to section 3111.69 of the	425
Revised Code, the office of child support in the department or a	426
child support enforcement agency;	427

(f) Records listed in division (A) of section 3107.42 of the	428
Revised Code or specified in division (A) of section 3107.52 of	429
the Revised Code;	430

(g) Trial preparation records;

431

(h) Confidential law enforcement investigatory records;

432

(i) Records containing information that is confidential under	433
section 2710.03 or 4112.05 of the Revised Code;	434

(j) DNA records stored in the DNA database pursuant to	435
section 109.573 of the Revised Code;	436

(k) Inmate records released by the department of	437
rehabilitation and correction to the department of youth services	438
or a court of record pursuant to division (E) of section 5120.21	439
of the Revised Code;	440

(l) Records maintained by the department of youth services	441
pertaining to children in its custody released by the department	442
of youth services to the department of rehabilitation and	443
correction pursuant to section 5139.05 of the Revised Code;	444

(m) Intellectual property records;

445

(n) Donor profile records;

446

(o) Records maintained by the department of job and family	447
services pursuant to section 3121.894 of the Revised Code;	448

(p) Peace officer, parole officer, prosecuting attorney,	449
assistant prosecuting attorney, correctional employee, youth	450
services employee, firefighter, EMT, or investigator of the bureau	451
of criminal identification and investigation, or federal law	452
enforcement officer residential and familial information;	453

(q) In the case of a county hospital operated pursuant to	454
Chapter 339. of the Revised Code or a municipal hospital operated	455
pursuant to Chapter 749. of the Revised Code, information that	456
constitutes a trade secret, as defined in section 1333.61 of the	457
Revised Code;	458

(r) Information pertaining to the recreational activities of	459
a person under the age of eighteen;	460

(s) Records provided to, statements made by review board	461
members during meetings of, and all work products of a child	462
fatality review board acting under sections 307.621 to 307.629 of	463
the Revised Code, and child fatality review data submitted by the	464
child fatality review board to the department of health or a	465
national child death review database, other than the report	466
prepared pursuant to division (A) of section 307.626 of the	467
Revised Code;	468

(t) Records provided to and statements made by the executive	469
director of a public children services agency or a prosecuting	470
attorney acting pursuant to section 5153.171 of the Revised Code	471
other than the information released under that section;	472

(u) Test materials, examinations, or evaluation tools used in	473
an examination for licensure as a nursing home administrator that	474
the board of examiners of nursing home administrators administers	475
under section 4751.04 of the Revised Code or contracts under that	476
section with a private or government entity to administer;	477

(v) Records the release of which is prohibited by state or	478
federal law;	479

(w) Proprietary information of or relating to any person that	480
is submitted to or compiled by the Ohio venture capital authority	481
created under section 150.01 of the Revised Code;	482

(x) Information reported and evaluations conducted pursuant	483
to section 3701.072 of the Revised Code;	484

(y) Financial statements and data any person submits for any	485
purpose to the Ohio housing finance agency or the controlling	486
board in connection with applying for, receiving, or accounting	487
for financial assistance from the agency, and information that	488
identifies any individual who benefits directly or indirectly from	489
financial assistance from the agency;	490

(z) Records listed in section 5101.29 of the Revised Code.

491

(aa) Discharges recorded with a county recorder under section	492
317.24 of the Revised Code, as specified in division (B)(2) of	493
that section;	494

(bb) Subject to any provision in sections 111.31 to 111.40 of	495
the Revised Code, the confidential address of a participant of the	496
address confidentiality program, and all of the records pertaining	497
to the address confidentiality program, established under those	498
sections.	499

(2) "Confidential law enforcement investigatory record" means	500
any record that pertains to a law enforcement matter of a	501
criminal, quasi-criminal, civil, or administrative nature, but	502
only to the extent that the release of the record would create a	503
high probability of disclosure of any of the following:	504

(a) The identity of a suspect who has not been charged with	505
the offense to which the record pertains, or of an information	506
source or witness to whom confidentiality has been reasonably	507
promised;	508

(b) Information provided by an information source or witness	509
to whom confidentiality has been reasonably promised, which	510
information would reasonably tend to disclose the source's or	511
witness's identity;	512

(c) Specific confidential investigatory techniques or	513
procedures or specific investigatory work product;	514

(d) Information that would endanger the life or physical	515
safety of law enforcement personnel, a crime victim, a witness, or	516
a confidential information source.	517

(3) "Medical record" means any document or combination of	518
documents, except births, deaths, and the fact of admission to or	519
discharge from a hospital, that pertains to the medical history,	520
diagnosis, prognosis, or medical condition of a patient and that	521
is generated and maintained in the process of medical treatment.	522

(4) "Trial preparation record" means any record that contains	523
information that is specifically compiled in reasonable	524
anticipation of, or in defense of, a civil or criminal action or	525
proceeding, including the independent thought processes and	526
personal trial preparation of an attorney.	527

(5) "Intellectual property record" means a record, other than	528
a financial or administrative record, that is produced or	529
collected by or for faculty or staff of a state institution of	530
higher learning in the conduct of or as a result of study or	531
research on an educational, commercial, scientific, artistic,	532
technical, or scholarly issue, regardless of whether the study or	533
research was sponsored by the institution alone or in conjunction	534
with a governmental body or private concern, and that has not been	535
publicly released, published, or patented.	536

(6) "Donor profile record" means all records about donors or	537
potential donors to a public institution of higher education	538
except the names and reported addresses of the actual donors and	539
the date, amount, and conditions of the actual donation.	540

(7) "Peace officer, parole officer, prosecuting attorney,	541
assistant prosecuting attorney, correctional employee, youth	542
services employee, firefighter, EMT, or investigator of the bureau	543
of criminal identification and investigation, or federal law	544
enforcement officer residential and familial information" means	545
any information that discloses any of the following about a peace	546
officer, parole officer, prosecuting attorney, assistant	547
prosecuting attorney, correctional employee, youth services	548
employee, firefighter, EMT, or investigator of the bureau of	549
criminal identification and investigation, or federal law	550
enforcement officer:	551

(a) The address of the actual personal residence of a peace	552
officer, parole officer, assistant prosecuting attorney,	553
correctional employee, youth services employee, firefighter, EMT,	554
or an investigator of the bureau of criminal identification and	555
investigation, or federal law enforcement officer, except for the	556
state or political subdivision in which the peace officer, parole	557
officer, assistant prosecuting attorney, correctional employee,	558
youth services employee, firefighter, EMT, or investigator of the	559
bureau of criminal identification and investigation, or federal	560
law enforcement officer resides;	561

(b) Information compiled from referral to or participation in	562
an employee assistance program;	563

(c) The social security number, the residential telephone	564
number, any bank account, debit card, charge card, or credit card	565
number, or the emergency telephone number of, or any medical	566
information pertaining to, a peace officer, parole officer,	567
prosecuting attorney, assistant prosecuting attorney, correctional	568
employee, youth services employee, firefighter, EMT, or	569
investigator of the bureau of criminal identification and	570
investigation, or federal law enforcement officer;	571

(d) The name of any beneficiary of employment benefits,	572
including, but not limited to, life insurance benefits, provided	573
to a peace officer, parole officer, prosecuting attorney,	574
assistant prosecuting attorney, correctional employee, youth	575
services employee, firefighter, EMT, or investigator of the bureau	576
of criminal identification and investigation, or federal law	577
enforcement officer by the peace officer's, parole officer's,	578
prosecuting attorney's, assistant prosecuting attorney's,	579
correctional employee's, youth services employee's, firefighter's,	580
EMT's, or investigator of the bureau of criminal identification	581
and investigation's, or federal law enforcement officer's	582
employer;	583

(e) The identity and amount of any charitable or employment	584
benefit deduction made by the peace officer's, parole officer's,	585
prosecuting attorney's, assistant prosecuting attorney's,	586
correctional employee's, youth services employee's, firefighter's,	587
EMT's, or investigator of the bureau of criminal identification	588
and investigation's, or federal law enforcement officer's employer	589
from the peace officer's, parole officer's, prosecuting	590
attorney's, assistant prosecuting attorney's, correctional	591
employee's, youth services employee's, firefighter's, EMT's, or	592
investigator of the bureau of criminal identification and	593
investigation's, or federal law enforcement officer's compensation	594
unless the amount of the deduction is required by state or federal	595
law;	596

(f) The name, the residential address, the name of the	597
employer, the address of the employer, the social security number,	598
the residential telephone number, any bank account, debit card,	599
charge card, or credit card number, or the emergency telephone	600
number of the spouse, a former spouse, or any child of a peace	601
officer, parole officer, prosecuting attorney, assistant	602
prosecuting attorney, correctional employee, youth services	603
employee, firefighter, EMT, or investigator of the bureau of	604
criminal identification and investigation, or federal law	605
enforcement officer;	606

(g) A photograph of a peace officer or federal law	607
enforcement officer who holds a position or has an assignment that	608
may include undercover or plain clothes positions or assignments	609
as determined by the peace officer's or federal law enforcement	610
officer's appointing authority.	611

As used in divisions (A)(7) and (B)(9) of this section,	612
"peace officer" has the same meaning as in section 109.71 of the	613
Revised Code and also includes the superintendent and troopers of	614
the state highway patrol; it does not include the sheriff of a	615
county or a supervisory employee who, in the absence of the	616
sheriff, is authorized to stand in for, exercise the authority of,	617
and perform the duties of the sheriff.	618

As used in divisions (A)(7) and (B)(5) of this section,	619
"correctional employee" means any employee of the department of	620
rehabilitation and correction who in the course of performing the	621
employee's job duties has or has had contact with inmates and	622
persons under supervision.	623

As used in divisions (A)(7) and (B)(5) of this section,	624
"youth services employee" means any employee of the department of	625
youth services who in the course of performing the employee's job	626
duties has or has had contact with children committed to the	627
custody of the department of youth services.	628

As used in divisions (A)(7) and (B)(9) of this section,	629
"firefighter" means any regular, paid or volunteer, member of a	630
lawfully constituted fire department of a municipal corporation,	631
township, fire district, or village.	632

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	633
means EMTs-basic, EMTs-I, and paramedics that provide emergency	634
medical services for a public emergency medical service	635
organization. "Emergency medical service organization,"	636
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	637
section 4765.01 of the Revised Code.	638

As used in divisions (A)(7) and (B)(9) of this section,	639
"investigator of the bureau of criminal identification and	640
investigation" has the meaning defined in section 2903.11 of the	641
Revised Code.	642

As used in divisions (A)(7) and (B)(9) of this section,	643
"federal law enforcement officer" means any officer of the United	644
States who is authorized by federal law to conduct any	645
investigation of, and make any arrest for, any offense against the	646
United States in violation of federal law.	647

(8) "Information pertaining to the recreational activities of	648
a person under the age of eighteen" means information that is kept	649
in the ordinary course of business by a public office, that	650
pertains to the recreational activities of a person under the age	651
of eighteen years, and that discloses any of the following:	652

(a) The address or telephone number of a person under the age	653
of eighteen or the address or telephone number of that person's	654
parent, guardian, custodian, or emergency contact person;	655

(b) The social security number, birth date, or photographic	656
image of a person under the age of eighteen;	657

(c) Any medical record, history, or information pertaining to	658
a person under the age of eighteen;	659

(d) Any additional information sought or required about a	660
person under the age of eighteen for the purpose of allowing that	661
person to participate in any recreational activity conducted or	662
sponsored by a public office or to use or obtain admission	663
privileges to any recreational facility owned or operated by a	664
public office.	665

(9) "Community control sanction" has the same meaning as in	666
section 2929.01 of the Revised Code.	667

(10) "Post-release control sanction" has the same meaning as	668
in section 2967.01 of the Revised Code.	669

(11) "Redaction" means obscuring or deleting any information	670
that is exempt from the duty to permit public inspection or	671
copying from an item that otherwise meets the definition of a	672
"record" in section 149.011 of the Revised Code.	673

(12) "Designee" and "elected official" have the same meanings	674
as in section 109.43 of the Revised Code.	675

(B)(1) Upon request and subject to division (B)(8) of this	676
section, all public records responsive to the request shall be	677
promptly prepared and made available for inspection to any person	678
at all reasonable times during regular business hours. Subject to	679
division (B)(8) of this section, upon request, a public office or	680
person responsible for public records shall make copies of the	681
requested public record available at cost and within a reasonable	682
period of time. If a public record contains information that is	683
exempt from the duty to permit public inspection or to copy the	684
public record, the public office or the person responsible for the	685
public record shall make available all of the information within	686
the public record that is not exempt. When making that public	687
record available for public inspection or copying that public	688
record, the public office or the person responsible for the public	689
record shall notify the requester of any redaction or make the	690
redaction plainly visible. A redaction shall be deemed a denial of	691
a request to inspect or copy the redacted information, except if	692
federal or state law authorizes or requires a public office to	693
make the redaction.	694

(2) To facilitate broader access to public records, a public	695
office or the person responsible for public records shall organize	696
and maintain public records in a manner that they can be made	697
available for inspection or copying in accordance with division	698
(B) of this section. A public office also shall have available a	699
copy of its current records retention schedule at a location	700
readily available to the public. If a requester makes an ambiguous	701
or overly broad request or has difficulty in making a request for	702
copies or inspection of public records under this section such	703
that the public office or the person responsible for the requested	704
public record cannot reasonably identify what public records are	705
being requested, the public office or the person responsible for	706
the requested public record may deny the request but shall provide	707
the requester with an opportunity to revise the request by	708
informing the requester of the manner in which records are	709
maintained by the public office and accessed in the ordinary	710
course of the public office's or person's duties.	711

(3) If a request is ultimately denied, in part or in whole,	712
the public office or the person responsible for the requested	713
public record shall provide the requester with an explanation,	714
including legal authority, setting forth why the request was	715
denied. If the initial request was provided in writing, the	716
explanation also shall be provided to the requester in writing.	717
The explanation shall not preclude the public office or the person	718
responsible for the requested public record from relying upon	719
additional reasons or legal authority in defending an action	720
commenced under division (C) of this section.	721

(4) Unless specifically required or authorized by state or	722
federal law or in accordance with division (B) of this section, no	723
public office or person responsible for public records may limit	724
or condition the availability of public records by requiring	725
disclosure of the requester's identity or the intended use of the	726
requested public record. Any requirement that the requester	727
disclose the requestor's identity or the intended use of the	728
requested public record constitutes a denial of the request.	729

(5) A public office or person responsible for public records	730
may ask a requester to make the request in writing, may ask for	731
the requester's identity, and may inquire about the intended use	732
of the information requested, but may do so only after disclosing	733
to the requester that a written request is not mandatory and that	734
the requester may decline to reveal the requester's identity or	735
the intended use and when a written request or disclosure of the	736
identity or intended use would benefit the requester by enhancing	737
the ability of the public office or person responsible for public	738
records to identify, locate, or deliver the public records sought	739
by the requester.	740

(6) If any person chooses to obtain a copy of a public record	741
in accordance with division (B) of this section, the public office	742
or person responsible for the public record may require that	743
person to pay in advance the cost involved in providing the copy	744
of the public record in accordance with the choice made by the	745
person seeking the copy under this division. The public office or	746
the person responsible for the public record shall permit that	747
person to choose to have the public record duplicated upon paper,	748
upon the same medium upon which the public office or person	749
responsible for the public record keeps it, or upon any other	750
medium upon which the public office or person responsible for the	751
public record determines that it reasonably can be duplicated as	752
an integral part of the normal operations of the public office or	753
person responsible for the public record. When the person seeking	754
the copy makes a choice under this division, the public office or	755
person responsible for the public record shall provide a copy of	756
it in accordance with the choice made by the person seeking the	757
copy. Nothing in this section requires a public office or person	758
responsible for the public record to allow the person seeking a	759
copy of the public record to make the copies of the public record.	760

(7) Upon a request made in accordance with division (B) of	761
this section and subject to division (B)(6) of this section, a	762
public office or person responsible for public records shall	763
transmit a copy of a public record to any person by United States	764
mail or by any other means of delivery or transmission within a	765
reasonable period of time after receiving the request for the	766
copy. The public office or person responsible for the public	767
record may require the person making the request to pay in advance	768
the cost of postage if the copy is transmitted by United States	769
mail or the cost of delivery if the copy is transmitted other than	770
by United States mail, and to pay in advance the costs incurred	771
for other supplies used in the mailing, delivery, or transmission.	772

Any public office may adopt a policy and procedures that it	773
will follow in transmitting, within a reasonable period of time	774
after receiving a request, copies of public records by United	775
States mail or by any other means of delivery or transmission	776
pursuant to this division. A public office that adopts a policy	777
and procedures under this division shall comply with them in	778
performing its duties under this division.	779

In any policy and procedures adopted under this division, a	780
public office may limit the number of records requested by a	781
person that the office will transmit by United States mail to ten	782
per month, unless the person certifies to the office in writing	783
that the person does not intend to use or forward the requested	784
records, or the information contained in them, for commercial	785
purposes. For purposes of this division, "commercial" shall be	786
narrowly construed and does not include reporting or gathering	787
news, reporting or gathering information to assist citizen	788
oversight or understanding of the operation or activities of	789
government, or nonprofit educational research.	790

(8) A public office or person responsible for public records	791
is not required to permit a person who is incarcerated pursuant to	792
a criminal conviction or a juvenile adjudication to inspect or to	793
obtain a copy of any public record concerning a criminal	794
investigation or prosecution or concerning what would be a	795
criminal investigation or prosecution if the subject of the	796
investigation or prosecution were an adult, unless the request to	797
inspect or to obtain a copy of the record is for the purpose of	798
acquiring information that is subject to release as a public	799
record under this section and the judge who imposed the sentence	800
or made the adjudication with respect to the person, or the	801
judge's successor in office, finds that the information sought in	802
the public record is necessary to support what appears to be a	803
justiciable claim of the person.	804

(9) Upon written request made and signed by a journalist on	805
or after December 16, 1999, a public office, or person responsible	806
for public records, having custody of the records of the agency	807
employing a specified peace officer, parole officer, prosecuting	808
attorney, assistant prosecuting attorney, correctional employee,	809
youth services employee, firefighter, EMT, or investigator of the	810
bureau of criminal identification and investigation, or federal	811
law enforcement officer shall disclose to the journalist the	812
address of the actual personal residence of the peace officer,	813
parole officer, prosecuting attorney, assistant prosecuting	814
attorney, correctional employee, youth services employee,	815
firefighter, EMT, or investigator of the bureau of criminal	816
identification and investigation, or federal law enforcement	817
officer and, if the peace officer's, parole officer's, prosecuting	818
attorney's, assistant prosecuting attorney's, correctional	819
employee's, youth services employee's, firefighter's, EMT's, or	820
investigator of the bureau of criminal identification and	821
investigation's, or federal law enforcement officer's spouse,	822
former spouse, or child is employed by a public office, the name	823
and address of the employer of the peace officer's, parole	824
officer's, prosecuting attorney's, assistant prosecuting	825
attorney's, correctional employee's, youth services employee's,	826
firefighter's, EMT's, or investigator of the bureau of criminal	827
identification and investigation's, or federal law enforcement	828
officer's spouse, former spouse, or child. The request shall	829
include the journalist's name and title and the name and address	830
of the journalist's employer and shall state that disclosure of	831
the information sought would be in the public interest.	832

As used in this division, "journalist" means a person engaged	833
in, connected with, or employed by any news medium, including a	834
newspaper, magazine, press association, news agency, or wire	835
service, a radio or television station, or a similar medium, for	836
the purpose of gathering, processing, transmitting, compiling,	837
editing, or disseminating information for the general public.	838

(C)(1) If a person allegedly is aggrieved by the failure of a	839
public office or the person responsible for public records to	840
promptly prepare a public record and to make it available to the	841
person for inspection in accordance with division (B) of this	842
section or by any other failure of a public office or the person	843
responsible for public records to comply with an obligation in	844
accordance with division (B) of this section, the person allegedly	845
aggrieved may commence a mandamus action to obtain a judgment that	846
orders the public office or the person responsible for the public	847
record to comply with division (B) of this section, that awards	848
court costs and reasonable attorney's fees to the person that	849
instituted the mandamus action, and, if applicable, that includes	850
an order fixing statutory damages under division (C)(1) of this	851
section. The mandamus action may be commenced in the court of	852
common pleas of the county in which division (B) of this section	853
allegedly was not complied with, in the supreme court pursuant to	854
its original jurisdiction under Section 2 of Article IV, Ohio	855
Constitution, or in the court of appeals for the appellate	856
district in which division (B) of this section allegedly was not	857
complied with pursuant to its original jurisdiction under Section	858
3 of Article IV, Ohio Constitution.	859

If a requestor transmits a written request by hand delivery	860
or certified mail to inspect or receive copies of any public	861
record in a manner that fairly describes the public record or	862
class of public records to the public office or person responsible	863
for the requested public records, except as otherwise provided in	864
this section, the requestor shall be entitled to recover the	865
amount of statutory damages set forth in this division if a court	866
determines that the public office or the person responsible for	867
public records failed to comply with an obligation in accordance	868
with division (B) of this section.	869

The amount of statutory damages shall be fixed at one hundred	870
dollars for each business day during which the public office or	871
person responsible for the requested public records failed to	872
comply with an obligation in accordance with division (B) of this	873
section, beginning with the day on which the requester files a	874
mandamus action to recover statutory damages, up to a maximum of	875
one thousand dollars. The award of statutory damages shall not be	876
construed as a penalty, but as compensation for injury arising	877
from lost use of the requested information. The existence of this	878
injury shall be conclusively presumed. The award of statutory	879
damages shall be in addition to all other remedies authorized by	880
this section.	881

The court may reduce an award of statutory damages or not	882
award statutory damages if the court determines both of the	883
following:	884

(a) That, based on the ordinary application of statutory law	885
and case law as it existed at the time of the conduct or	886
threatened conduct of the public office or person responsible for	887
the requested public records that allegedly constitutes a failure	888
to comply with an obligation in accordance with division (B) of	889
this section and that was the basis of the mandamus action, a	890
well-informed public office or person responsible for the	891
requested public records reasonably would believe that the conduct	892
or threatened conduct of the public office or person responsible	893
for the requested public records did not constitute a failure to	894
comply with an obligation in accordance with division (B) of this	895
section;	896

(b) That a well-informed public office or person responsible	897
for the requested public records reasonably would believe that the	898
conduct or threatened conduct of the public office or person	899
responsible for the requested public records would serve the	900
public policy that underlies the authority that is asserted as	901
permitting that conduct or threatened conduct.	902

(2)(a) If the court issues a writ of mandamus that orders the	903
public office or the person responsible for the public record to	904
comply with division (B) of this section and determines that the	905
circumstances described in division (C)(1) of this section exist,	906
the court shall determine and award to the relator all court	907
costs.	908

(b) If the court renders a judgment that orders the public	909
office or the person responsible for the public record to comply	910
with division (B) of this section, the court may award reasonable	911
attorney's fees subject to reduction as described in division	912
(C)(2)(c) of this section. The court shall award reasonable	913
attorney's fees, subject to reduction as described in division	914
(C)(2)(c) of this section when either of the following applies:	915

(i) The public office or the person responsible for the	916
public records failed to respond affirmatively or negatively to	917
the public records request in accordance with the time allowed	918
under division (B) of this section.	919

(ii) The public office or the person responsible for the	920
public records promised to permit the relator to inspect or	921
receive copies of the public records requested within a specified	922
period of time but failed to fulfill that promise within that	923
specified period of time.	924

(c) Court costs and reasonable attorney's fees awarded under	925
this section shall be construed as remedial and not punitive.	926
Reasonable attorney's fees shall include reasonable fees incurred	927
to produce proof of the reasonableness and amount of the fees and	928
to otherwise litigate entitlement to the fees. The court may	929
reduce an award of attorney's fees to the relator or not award	930
attorney's fees to the relator if the court determines both of the	931
following:	932

(i) That, based on the ordinary application of statutory law	933
and case law as it existed at the time of the conduct or	934
threatened conduct of the public office or person responsible for	935
the requested public records that allegedly constitutes a failure	936
to comply with an obligation in accordance with division (B) of	937
this section and that was the basis of the mandamus action, a	938
well-informed public office or person responsible for the	939
requested public records reasonably would believe that the conduct	940
or threatened conduct of the public office or person responsible	941
for the requested public records did not constitute a failure to	942
comply with an obligation in accordance with division (B) of this	943
section;	944

(ii) That a well-informed public office or person responsible	945
for the requested public records reasonably would believe that the	946
conduct or threatened conduct of the public office or person	947
responsible for the requested public records as described in	948
division (C)(2)(c)(i) of this section would serve the public	949
policy that underlies the authority that is asserted as permitting	950
that conduct or threatened conduct.	951

(D) Chapter 1347. of the Revised Code does not limit the	952
provisions of this section.	953

(E)(1) To ensure that all employees of public offices are	954
appropriately educated about a public office's obligations under	955
division (B) of this section, all elected officials or their	956
appropriate designees shall attend training approved by the	957
attorney general as provided in section 109.43 of the Revised	958
Code. In addition, all public offices shall adopt a public records	959
policy in compliance with this section for responding to public	960
records requests. In adopting a public records policy under this	961
division, a public office may obtain guidance from the model	962
public records policy developed and provided to the public office	963
by the attorney general under section 109.43 of the Revised Code.	964
Except as otherwise provided in this section, the policy may not	965
limit the number of public records that the public office will	966
make available to a single person, may not limit the number of	967
public records that it will make available during a fixed period	968
of time, and may not establish a fixed period of time before it	969
will respond to a request for inspection or copying of public	970
records, unless that period is less than eight hours.	971

(2) The public office shall distribute the public records	972
policy adopted by the public office under division (E)(1) of this	973
section to the employee of the public office who is the records	974
custodian or records manager or otherwise has custody of the	975
records of that office. The public office shall require that	976
employee to acknowledge receipt of the copy of the public records	977
policy. The public office shall create a poster that describes its	978
public records policy and shall post the poster in a conspicuous	979
place in the public office and in all locations where the public	980
office has branch offices. The public office may post its public	981
records policy on the internet web site of the public office if	982
the public office maintains an internet web site. A public office	983
that has established a manual or handbook of its general policies	984
and procedures for all employees of the public office shall	985
include the public records policy of the public office in the	986
manual or handbook.	987

(F)(1) The bureau of motor vehicles may adopt rules pursuant	988
to Chapter 119. of the Revised Code to reasonably limit the number	989
of bulk commercial special extraction requests made by a person	990
for the same records or for updated records during a calendar	991
year. The rules may include provisions for charges to be made for	992
bulk commercial special extraction requests for the actual cost of	993
the bureau, plus special extraction costs, plus ten per cent. The	994
bureau may charge for expenses for redacting information, the	995
release of which is prohibited by law.	996

(2) As used in division (F)(1) of this section:

997

(a) "Actual cost" means the cost of depleted supplies,	998
records storage media costs, actual mailing and alternative	999
delivery costs, or other transmitting costs, and any direct	1000
equipment operating and maintenance costs, including actual costs	1001
paid to private contractors for copying services.	1002

(b) "Bulk commercial special extraction request" means a	1003
request for copies of a record for information in a format other	1004
than the format already available, or information that cannot be	1005
extracted without examination of all items in a records series,	1006
class of records, or data base by a person who intends to use or	1007
forward the copies for surveys, marketing, solicitation, or resale	1008
for commercial purposes. "Bulk commercial special extraction	1009
request" does not include a request by a person who gives	1010
assurance to the bureau that the person making the request does	1011
not intend to use or forward the requested copies for surveys,	1012
marketing, solicitation, or resale for commercial purposes.	1013

(c) "Commercial" means profit-seeking production, buying, or	1014
selling of any good, service, or other product.	1015

(d) "Special extraction costs" means the cost of the time	1016
spent by the lowest paid employee competent to perform the task,	1017
the actual amount paid to outside private contractors employed by	1018
the bureau, or the actual cost incurred to create computer	1019
programs to make the special extraction. "Special extraction	1020
costs" include any charges paid to a public agency for computer or	1021
records services.	1022

(3) For purposes of divisions (F)(1) and (2) of this section,	1023
"surveys, marketing, solicitation, or resale for commercial	1024
purposes" shall be narrowly construed and does not include	1025
reporting or gathering news, reporting or gathering information to	1026
assist citizen oversight or understanding of the operation or	1027
activities of government, or nonprofit educational research.	1028

Sec. 149.45. (A) As used in this section:

1029

(1) "Personal information" means any of the following:

1030

(a) An individual's social security number;

1031

(b) An individual's federal tax identification number;

1032

(c) An individual's driver's license number or state	1033
identification number;	1034

(d) An individual's checking account number, savings account	1035
number, or credit card number.	1036

(2) "Public record" and "peace officer, parole officer,	1037
prosecuting attorney, assistant prosecuting attorney, correctional	1038
employee, youth services employee, firefighter, EMT, or	1039
investigator of the bureau of criminal identification and	1040
investigation, or federal law enforcement officer residential and	1041
familial information" have the same meanings as in section 149.43	1042
of the Revised Code.	1043

(3) "Truncate" means to redact all but the last four digits	1044
of an individual's social security number.	1045

(4) "Federal law enforcement officer" means any officer of	1046
the United States who is authorized by federal law to conduct any	1047
investigation of, and make any arrest for, any offense against the	1048
United States in violation of federal law.	1049

(B)(1) No public office or person responsible for a public	1050
office's public records shall make available to the general public	1051
on the internet any document that contains an individual's social	1052
security number without otherwise redacting, encrypting, or	1053
truncating the social security number.	1054

(2) A public office or person responsible for a public	1055
office's public records that prior to the effective date of this	1056
section made available to the general public on the internet any	1057
document that contains an individual's social security number	1058
shall redact, encrypt, or truncate the social security number from	1059
that document.	1060

(3) Divisions (B)(1) and (2) of this section do not apply to	1061
documents that are only accessible through the internet with a	1062
password.	1063

(C)(1) An individual may request that a public office or a	1064
person responsible for a public office's public records redact	1065
personal information of that individual from any record made	1066
available to the general public on the internet. An individual who	1067
makes a request for redaction pursuant to this division shall make	1068
the request in writing on a form developed by the attorney general	1069
and shall specify the personal information to be redacted and	1070
provide any information that identifies the location of that	1071
personal information within a document that contains that personal	1072
information.	1073

(2) Upon receiving a request for a redaction pursuant to	1074
division (C)(1) of this section, a public office or a person	1075
responsible for a public office's public records shall act within	1076
five business days in accordance with the request to redact the	1077
personal information of the individual from any record made	1078
available to the general public on the internet, if practicable.	1079
If a redaction is not practicable, the public office or person	1080
responsible for the public office's public records shall verbally	1081
or in writing within five business days after receiving the	1082
written request explain to the individual why the redaction is	1083
impracticable.	1084

(3) The attorney general shall develop a form to be used by	1085
an individual to request a redaction pursuant to division (C)(1)	1086
of this section. The form shall include a place to provide any	1087
information that identifies the location of the personal	1088
information to be redacted.	1089

(D)(1) A peace officer, parole officer, prosecuting attorney,	1090
assistant prosecuting attorney, correctional employee, youth	1091
services employee, firefighter, EMT, or investigator of the bureau	1092
of criminal identification and investigation, or federal law	1093
enforcement officer may request that a public office other than a	1094
county auditor or a person responsible for the public records of a	1095
public office other than a county auditor redact the address of	1096
the person making the request from any record made available to	1097
the general public on the internet that includes peace officer,	1098
parole officer, prosecuting attorney, assistant prosecuting	1099
attorney, correctional employee, youth services employee,	1100
firefighter, EMT, or investigator of the bureau of criminal	1101
identification and investigation, or federal law enforcement	1102
officer residential and familial information of the person making	1103
the request. A person who makes a request for a redaction pursuant	1104
to this division shall make the request in writing and on a form	1105
developed by the attorney general.	1106

(2) Upon receiving a written request for a redaction pursuant	1107
to division (D)(1) of this section, a public office other than a	1108
county auditor or a person responsible for the public records of a	1109
public office other than a county auditor shall act within five	1110
business days in accordance with the request to redact the address	1111
of the peace officer, parole officer, prosecuting attorney,	1112
assistant prosecuting attorney, correctional employee, youth	1113
services employee, firefighter, EMT, or investigator of the bureau	1114
of criminal identification and investigation, or federal law	1115
enforcement officer making the request from any record made	1116
available to the general public on the internet that includes	1117
peace officer, parole officer, prosecuting attorney, assistant	1118
prosecuting attorney, correctional employee, youth services	1119
employee, firefighter, EMT, or investigator of the bureau of	1120
criminal identification and investigation, or federal law	1121
enforcement officer residential and familial information of the	1122
person making the request, if practicable. If a redaction is not	1123
practicable, the public office or person responsible for the	1124
public office's public records shall verbally or in writing within	1125
five business days after receiving the written request explain to	1126
the peace officer, parole officer, prosecuting attorney, assistant	1127
prosecuting attorney, correctional employee, youth services	1128
employee, firefighter, EMT, or investigator of the bureau of	1129
criminal identification and investigation, or federal law	1130
enforcement officer why the redaction is impracticable.	1131

(3) Except as provided in this section and section 319.28 of	1132
the Revised Code, a public office other than an employer of a	1133
peace officer, parole officer, prosecuting attorney, assistant	1134
prosecuting attorney, correctional employee, youth services	1135
employee, firefighter, EMT, or investigator of the bureau of	1136
criminal identification and investigation, or federal law	1137
enforcement officer or a person responsible for the public records	1138
of the employer is not required to redact the residential and	1139
familial information of the peace officer, parole officer,	1140
prosecuting attorney, assistant prosecuting attorney, correctional	1141
employee, youth services employee, firefighter, EMT, or	1142
investigator of the bureau of criminal identification and	1143
investigation, or federal law enforcement officer from other	1144
records maintained by the public office.	1145

(4) The attorney general shall develop a form to be used by a	1146
peace officer, parole officer, prosecuting attorney, assistant	1147
prosecuting attorney, correctional employee, youth services	1148
employee, firefighter, EMT, or investigator of the bureau of	1149
criminal identification and investigation, or federal law	1150
enforcement officer to request a redaction pursuant to division	1151
(D)(1) of this section. The form shall include a place to provide	1152
any information that identifies the location of the address of a	1153
peace officer, parole officer, prosecuting attorney, assistant	1154
prosecuting attorney, correctional employee, youth services	1155
employee, firefighter, EMT, or investigator of the bureau of	1156
criminal identification and investigation, or federal law	1157
enforcement officer to be redacted.	1158

(E)(1) If a public office or a person responsible for a	1159
public office's public records becomes aware that an electronic	1160
record of that public office that is made available to the general	1161
public on the internet contains an individual's social security	1162
number that was mistakenly not redacted, encrypted, or truncated	1163
as required by division (B)(1) or (2) of this section, the public	1164
office or person responsible for the public office's public	1165
records shall redact, encrypt, or truncate the individual's social	1166
security number within a reasonable period of time.	1167

(2) A public office or a person responsible for a public	1168
office's public records is not liable in damages in a civil action	1169
for any harm an individual allegedly sustains as a result of the	1170
inclusion of that individual's personal information on any record	1171
made available to the general public on the internet or any harm a	1172
peace officer, parole officer, prosecuting attorney, assistant	1173
prosecuting attorney, correctional employee, youth services	1174
employee, firefighter, EMT, or investigator of the bureau of	1175
criminal identification and investigation, or federal law	1176
enforcement officer sustains as a result of the inclusion of the	1177
address of the peace officer, parole officer, prosecuting	1178
attorney, assistant prosecuting attorney, correctional employee,	1179
youth services employee, firefighter, EMT, or investigator of the	1180
bureau of criminal identification and investigation, or federal	1181
law enforcement officer on any record made available to the	1182
general public on the internet in violation of this section unless	1183
the public office or person responsible for the public office's	1184
public records acted with malicious purpose, in bad faith, or in a	1185
wanton or reckless manner or division (A)(6)(a) or (c) of section	1186
2744.03 of the Revised Code applies.	1187

Sec. 319.28.  (A) Except as otherwise provided in division	1188
(B) of this section, on or before the first Monday of August,	1189
annually, the county auditor shall compile and make up a general	1190
tax list of real and public utility property in the county, either	1191
in tabular form and alphabetical order, or, with the consent of	1192
the county treasurer, by listing all parcels in a permanent parcel	1193
number sequence to which a separate alphabetical index is keyed,	1194
containing the names of the several persons, companies, firms,	1195
partnerships, associations, and corporations in whose names real	1196
property has been listed in each township, municipal corporation,	1197
special district, or separate school district, or part of either	1198
in the auditor's county, placing separately, in appropriate	1199
columns opposite each name, the description of each tract, lot, or	1200
parcel of real estate, the value of each tract, lot, or parcel,	1201
the value of the improvements thereon, and of the names of the	1202
several public utilities whose property, subject to taxation on	1203
the general tax list and duplicate, has been apportioned by the	1204
department of taxation to the county, and the amount so	1205
apportioned to each township, municipal corporation, special	1206
district, or separate school district or part of either in the	1207
auditor's county, as shown by the certificates of apportionment of	1208
public utility property. If the name of the owner of any tract,	1209
lot, or parcel of real estate is unknown to the auditor, "unknown"	1210
shall be entered in the column of names opposite said tract, lot,	1211
or parcel. Such lists shall be prepared in duplicate. On or before	1212
the first Monday of September in each year, the auditor shall	1213
correct such lists in accordance with the additions and deductions	1214
ordered by the tax commissioner and by the county board of	1215
revision, and shall certify and on the first day of October	1216
deliver one copy thereof to the county treasurer. The copies	1217
prepared by the auditor shall constitute the auditor's general tax	1218
list and treasurer's general duplicate of real and public utility	1219
property for the current year.	1220

Once a permanent parcel numbering system has been established	1221
in any county as provided by the preceding paragraph, such system	1222
shall remain in effect until otherwise agreed upon by the county	1223
auditor and county treasurer.	1224

(B)(1) A peace officer, parole officer, prosecuting attorney,	1225
assistant prosecuting attorney, correctional employee, youth	1226
services employee, firefighter, EMT, or investigator of the bureau	1227
of criminal identification and investigation, or federal law	1228
enforcement officer may submit a written request by affidavit to	1229
the county auditor requesting the county auditor to remove the	1230
name of the peace officer, parole officer, prosecuting attorney,	1231
assistant prosecuting attorney, correctional employee, youth	1232
services employee, firefighter, EMT, or investigator of the bureau	1233
of criminal identification and investigation, or federal law	1234
enforcement officer from any record made available to the general	1235
public on the internet or a publicly accessible database and the	1236
general tax list of real and public utility property and the	1237
general duplicate of real and public utility property and insert	1238
the initials of the peace officer, parole officer, prosecuting	1239
attorney, assistant prosecuting attorney, correctional employee,	1240
youth services employee, firefighter, EMT, or investigator of the	1241
bureau of criminal identification and investigation, or federal	1242
law enforcement officer on any record made available to the	1243
general public on the internet or a publicly accessible database	1244
and the general tax list of real and public utility property and	1245
the general duplicate of real and public utility property as the	1246
name of the peace officer, parole officer, prosecuting attorney,	1247
assistant prosecuting attorney, correctional employee, youth	1248
services employee, firefighter, EMT, or investigator of the bureau	1249
of criminal identification and investigation, or federal law	1250
enforcement officer that appears on the deed.	1251

(2) Upon receiving a written request by affidavit described	1252
in division (B)(1) of this section, the county auditor shall act	1253
within five business days in accordance with the request to remove	1254
the name of the peace officer, parole officer, prosecuting	1255
attorney, assistant prosecuting attorney, correctional employee,	1256
youth services employee, firefighter, EMT, or investigator of the	1257
bureau of criminal identification and investigation, or federal	1258
law enforcement officer from any record made available to the	1259
general public on the internet or a publicly accessible database	1260
and the general tax list of real and public utility property and	1261
the general duplicate of real and public utility property and	1262
insert initials of the peace officer, parole officer, prosecuting	1263
attorney, assistant prosecuting attorney, correctional employee,	1264
youth services employee, firefighter, EMT, or investigator of the	1265
bureau of criminal identification and investigation, or federal	1266
law enforcement officer on any record made available to the	1267
general public on the internet or a publicly accessible database	1268
and the general tax list of real and public utility property and	1269
the general duplicate of real and public utility property, if	1270
practicable. If the removal and insertion is not practicable, the	1271
county auditor shall verbally or in writing within five business	1272
days after receiving the written request explain to the peace	1273
officer, parole officer, prosecuting attorney, assistant	1274
prosecuting attorney, correctional employee, youth services	1275
employee, firefighter, EMT, or investigator of the bureau of	1276
criminal identification and investigation, or federal law	1277
enforcement officer why the removal and insertion is	1278
impracticable.	1279

(C) As used in this section, "federal law enforcement	1280
officer" means any officer of the United States who is authorized	1281
by federal law to conduct any investigation of, and make any	1282
arrest for, any offense against the United States in violation of	1283
federal law.	1284

Sec. 319.54.  (A) On all moneys collected by the county	1285
treasurer on any tax duplicate of the county, other than estate	1286
tax duplicates, and on all moneys received as advance payments of	1287
personal property and classified property taxes, the county	1288
auditor, on settlement with the treasurer and tax commissioner, on	1289
or before the date prescribed by law for such settlement or any	1290
lawful extension of such date, shall be allowed as compensation	1291
for the county auditor's services the following percentages:	1292

(1) On the first one hundred thousand dollars, two and	1293
one-half per cent;	1294

(2) On the next two million dollars, eight thousand three	1295
hundred eighteen ten-thousandths of one per cent;	1296

(3) On the next two million dollars, six thousand six hundred	1297
fifty-five ten-thousandths of one per cent;	1298

(4) On all further sums, one thousand six hundred sixty-three	1299
ten-thousandths of one per cent.	1300

If any settlement is not made on or before the date	1301
prescribed by law for such settlement or any lawful extension of	1302
such date, the aggregate compensation allowed to the auditor shall	1303
be reduced one per cent for each day such settlement is delayed	1304
after the prescribed date. No penalty shall apply if the auditor	1305
and treasurer grant all requests for advances up to ninety per	1306
cent of the settlement pursuant to section 321.34 of the Revised	1307
Code. The compensation allowed in accordance with this section on	1308
settlements made before the dates prescribed by law, or the	1309
reduced compensation allowed in accordance with this section on	1310
settlements made after the date prescribed by law or any lawful	1311
extension of such date, shall be apportioned ratably by the	1312
auditor and deducted from the shares or portions of the revenue	1313
payable to the state as well as to the county, townships,	1314
municipal corporations, and school districts.	1315

(B) For the purpose of reimbursing county auditors for the	1316
expenses associated with the increased number of applications for	1317
reductions in real property taxes under sections 323.152 and	1318
4503.065 of the Revised Code that result from the amendment of	1319
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	1320
there shall be paid from the state's general revenue fund to the	1321
county treasury, to the credit of the real estate assessment fund	1322
created by section 325.31 of the Revised Code, an amount equal to	1323
one per cent of the total annual amount of property tax relief	1324
reimbursement paid to that county under sections 323.156 and	1325
4503.068 of the Revised Code for the preceding tax year. Payments	1326
made under this division shall be made at the same times and in	1327
the same manner as payments made under section 323.156 of the	1328
Revised Code.	1329

(C) From all moneys collected by the county treasurer on any	1330
tax duplicate of the county, other than estate tax duplicates, and	1331
on all moneys received as advance payments of personal property	1332
and classified property taxes, there shall be paid into the county	1333
treasury to the credit of the real estate assessment fund created	1334
by section 325.31 of the Revised Code, an amount to be determined	1335
by the county auditor, which shall not exceed the percentages	1336
prescribed in divisions (C)(1) and (2) of this section.	1337

(1) For payments made after June 30, 2007, and before 2011,	1338
the following percentages:	1339

(a) On the first five hundred thousand dollars, four per	1340
cent;	1341

(b) On the next five million dollars, two per cent;

1342

(c) On the next five million dollars, one per cent;

1343

(d) On all further sums not exceeding one hundred fifty	1344
million dollars, three-quarters of one per cent;	1345

(e) On amounts exceeding one hundred fifty million dollars,	1346
five hundred eighty-five thousandths of one per cent.	1347

(2) For payments made in or after 2011, the following	1348
percentages:	1349

(a) On the first five hundred thousand dollars, four per	1350
cent;	1351

(b) On the next ten million dollars, two per cent;

1352

(c) On amounts exceeding ten million five hundred thousand	1353
dollars, three-fourths of one per cent.	1354

Such compensation shall be apportioned ratably by the auditor	1355
and deducted from the shares or portions of the revenue payable to	1356
the state as well as to the county, townships, municipal	1357
corporations, and school districts.	1358

(D) Each county auditor shall receive four per cent of the	1359
amount of tax collected and paid into the county treasury, on	1360
property omitted and placed by the county auditor on the tax	1361
duplicate.	1362

(E) On all estate tax moneys collected by the county	1363
treasurer, the county auditor, on settlement semiannually with the	1364
tax commissioner, shall be allowed, as compensation for the	1365
auditor's services under Chapter 5731. of the Revised Code, the	1366
following percentages:	1367

(1) Four per cent on the first one hundred thousand dollars;

1368

(2) One-half of one per cent on all additional sums.

1369

Such percentages shall be computed upon the amount collected	1370
and reported at each semiannual settlement, and shall be for the	1371
use of the general fund of the county.	1372

(F) On all cigarette license moneys collected by the county	1373
treasurer, the county auditor, on settlement semiannually with the	1374
treasurer, shall be allowed as compensation for the auditor's	1375
services in the issuing of such licenses one-half of one per cent	1376
of such moneys, to be apportioned ratably and deducted from the	1377
shares of the revenue payable to the county and subdivisions, for	1378
the use of the general fund of the county.	1379

(G) The county auditor shall charge and receive fees as	1380
follows:	1381

(1) For deeds of land sold for taxes to be paid by the	1382
purchaser, five dollars;	1383

(2) For the transfer or entry of land, lot, or part of lot,	1384
or the transfer or entry on or after January 1, 2000, of a used	1385
manufactured home or mobile home as defined in section 5739.0210	1386
of the Revised Code, fifty cents for each transfer or entry, to be	1387
paid by the person requiring it;	1388

(3) For receiving statements of value and administering	1389
section 319.202 of the Revised Code, one dollar, or ten cents for	1390
each one hundred dollars or fraction of one hundred dollars,	1391
whichever is greater, of the value of the real property	1392
transferred or, for sales occurring on or after January 1, 2000,	1393
the value of the used manufactured home or used mobile home, as	1394
defined in section 5739.0210 of the Revised Code, transferred,	1395
except no fee shall be charged when the transfer is made:	1396

(a) To or from the United States, this state, or any	1397
instrumentality, agency, or political subdivision of the United	1398
States or this state;	1399

(b) Solely in order to provide or release security for a debt	1400
or obligation;	1401

(c) To confirm or correct a deed previously executed and	1402
recorded or when a current owner on any record made available to	1403
the general public on the internet or a publicly accessible	1404
database and the general tax list of real and public utility	1405
property and the general duplicate of real and public utility	1406
property is a peace officer, parole officer, prosecuting attorney,	1407
assistant prosecuting attorney, correctional employee, youth	1408
services employee, firefighter, EMT, or investigator of the bureau	1409
of criminal identification and investigation, or federal law	1410
enforcement officer and is changing the current owner name listed	1411
on any record made available to the general public on the internet	1412
or a publicly accessible database and the general tax list of real	1413
and public utility property and the general duplicate of real and	1414
public utility property to the initials of the current owner as	1415
prescribed in division (B)(1) of section 319.28 of the Revised	1416
Code;	1417

(d) To evidence a gift, in trust or otherwise and whether	1418
revocable or irrevocable, between husband and wife, or parent and	1419
child or the spouse of either;	1420

(e) On sale for delinquent taxes or assessments;

1421

(f) Pursuant to court order, to the extent that such transfer	1422
is not the result of a sale effected or completed pursuant to such	1423
order;	1424

(g) Pursuant to a reorganization of corporations or	1425
unincorporated associations or pursuant to the dissolution of a	1426
corporation, to the extent that the corporation conveys the	1427
property to a stockholder as a distribution in kind of the	1428
corporation's assets in exchange for the stockholder's shares in	1429
the dissolved corporation;	1430

(h) By a subsidiary corporation to its parent corporation for	1431
no consideration, nominal consideration, or in sole consideration	1432
of the cancellation or surrender of the subsidiary's stock;	1433

(i) By lease, whether or not it extends to mineral or mineral	1434
rights, unless the lease is for a term of years renewable forever;	1435

(j) When the value of the real property or the manufactured	1436
or mobile home or the value of the interest that is conveyed does	1437
not exceed one hundred dollars;	1438

(k) Of an occupied residential property, including a	1439
manufactured or mobile home, being transferred to the builder of a	1440
new residence or to the dealer of a new manufactured or mobile	1441
home when the former residence is traded as part of the	1442
consideration for the new residence or new manufactured or mobile	1443
home;	1444

(l) To a grantee other than a dealer in real property or in	1445
manufactured or mobile homes, solely for the purpose of, and as a	1446
step in, the prompt sale of the real property or manufactured or	1447
mobile home to others;	1448

(m) To or from a person when no money or other valuable and	1449
tangible consideration readily convertible into money is paid or	1450
to be paid for the real estate or manufactured or mobile home and	1451
the transaction is not a gift;	1452

(n) Pursuant to division (B) of section 317.22 of the Revised	1453
Code, or section 2113.61 of the Revised Code, between spouses or	1454
to a surviving spouse pursuant to section 5302.17 of the Revised	1455
Code as it existed prior to April 4, 1985, between persons	1456
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	1457
after April 4, 1985, to a person who is a surviving, survivorship	1458
tenant pursuant to section 5302.17 of the Revised Code on or after	1459
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	1460

(o) To a trustee acting on behalf of minor children of the	1461
deceased;	1462

(p) Of an easement or right-of-way when the value of the	1463
interest conveyed does not exceed one thousand dollars;	1464

(q) Of property sold to a surviving spouse pursuant to	1465
section 2106.16 of the Revised Code;	1466

(r) To or from an organization exempt from federal income	1467
taxation under section 501(c)(3) of the "Internal Revenue Code of	1468
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	1469
transfer is without consideration and is in furtherance of the	1470
charitable or public purposes of such organization;	1471

(s) Among the heirs at law or devisees, including a surviving	1472
spouse, of a common decedent, when no consideration in money is	1473
paid or to be paid for the real property or manufactured or mobile	1474
home;	1475

(t) To a trustee of a trust, when the grantor of the trust	1476
has reserved an unlimited power to revoke the trust;	1477

(u) To the grantor of a trust by a trustee of the trust, when	1478
the transfer is made to the grantor pursuant to the exercise of	1479
the grantor's power to revoke the trust or to withdraw trust	1480
assets;	1481

(v) To the beneficiaries of a trust if the fee was paid on	1482
the transfer from the grantor of the trust to the trustee or if	1483
the transfer is made pursuant to trust provisions which became	1484
irrevocable at the death of the grantor;	1485

(w) To a corporation for incorporation into a sports facility	1486
constructed pursuant to section 307.696 of the Revised Code;	1487

(x) Between persons pursuant to section 5302.18 of the	1488
Revised Code;	1489

(y) From a county land reutilization corporation organized	1490
under Chapter 1724. of the Revised Code to a third party.	1491

The auditor shall compute and collect the fee. The auditor	1492
shall maintain a numbered receipt system, as prescribed by the tax	1493
commissioner, and use such receipt system to provide a receipt to	1494
each person paying a fee. The auditor shall deposit the receipts	1495
of the fees on conveyances in the county treasury daily to the	1496
credit of the general fund of the county, except that fees charged	1497
and received under division (G)(3) of this section for a transfer	1498
of real property to a county land reutilization corporation shall	1499
be credited to the county land reutilization corporation fund	1500
established under section 321.263 of the Revised Code.	1501

The real property transfer fee provided for in division	1502
(G)(3) of this section shall be applicable to any conveyance of	1503
real property presented to the auditor on or after January 1,	1504
1968, regardless of its time of execution or delivery.	1505

The transfer fee for a used manufactured home or used mobile	1506
home shall be computed by and paid to the county auditor of the	1507
county in which the home is located immediately prior to the	1508
transfer.	1509

(H) As used in this section, "federal law enforcement	1510
officer" means any officer of the United States who is authorized	1511
by federal law to conduct any investigation of, and make any	1512
arrest for, any offense against the United States in violation of	1513
federal law.	1514

Sec. 2901.44.  (A) In any criminal action involving a	1515
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	1516
2903.22, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	1517
2907.08, 2907.09, 2911.211, 2919.22, or 2919.25 of the Revised	1518
Code, upon the conviction or plea of guilty of the defendant, the	1519
court shall notify in writing the victim of the offense if an	1520
adult person or a parent or guardian acting on behalf of the	1521
victim who is a minor, incompetent, or ward of the right of the	1522
person to apply with the assistance of an application assistant to	1523
the secretary of state under sections 111.31 to 111.40 of the	1524
Revised Code to have an address designated by the secretary of	1525
state serve as the person's address or the address of the minor,	1526
incompetent, or ward. The person may apply with the assistance of	1527
an application assistant to the secretary of state pursuant to	1528
those sections to have an address designated by the secretary of	1529
state serve as the person's address or the address of the minor,	1530
incompetent, or ward.	1531

(B) As used in this section:

1532

(1) "Guardian," "incompetent," "parent," and "ward" have the	1533
same meanings as in section 2111.01 of the Revised Code.	1534

(2) "Application assistant" has the same meaning as in	1535
section 111.31 of the Revised Code.	1536

Sec. 2903.213.  (A) Except when the complaint involves a	1537
person who is a family or household member as defined in section	1538
2919.25 of the Revised Code, upon the filing of a complaint that	1539
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	1540
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	1541
a municipal ordinance substantially similar to section 2903.13,	1542
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	1543
the commission of a sexually oriented offense, the complainant,	1544
the alleged victim, or a family or household member of an alleged	1545
victim may file a motion that requests the issuance of a	1546
protection order as a pretrial condition of release of the alleged	1547
offender, in addition to any bail set under Criminal Rule 46. The	1548
motion shall be filed with the clerk of the court that has	1549
jurisdiction of the case at any time after the filing of the	1550
complaint. If the complaint involves a person who is a family or	1551
household member, the complainant, the alleged victim, or the	1552
family or household member may file a motion for a temporary	1553
protection order pursuant to section 2919.26 of the Revised Code.	1554

(B) A motion for a protection order under this section shall	1555
be prepared on a form that is provided by the clerk of the court,	1556
and the form shall be substantially as follows:	1557

"Motion for Protection Order	1558

............................	1559

Name and address of court	1560

State of Ohio	1561

v.

No. ..........

1562

.............................	1563

Name of Defendant	1564

(Name of person), moves the court to issue a protection order	1565
containing terms designed to ensure the safety and protection of	1566
the complainant or the alleged victim in the above-captioned case,	1567
in relation to the named defendant, pursuant to its authority to	1568
issue a protection order under section 2903.213 of the Revised	1569
Code.	1570

A complaint, a copy of which has been attached to this	1571
motion, has been filed in this court charging the named defendant	1572
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	1573
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	1574
a municipal ordinance substantially similar to section 2903.13,	1575
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	1576
the commission of a sexually oriented offense.	1577

I understand that I must appear before the court, at a time	1578
set by the court not later than the next day that the court is in	1579
session after the filing of this motion, for a hearing on the	1580
motion, and that any protection order granted pursuant to this	1581
motion is a pretrial condition of release and is effective only	1582
until the disposition of the criminal proceeding arising out of	1583
the attached complaint or until the issuance under section	1584
2903.214 of the Revised Code of a protection order arising out of	1585
the same activities as those that were the basis of the attached	1586
complaint.	1587

.....................................	1588

Signature of person	1589

.....................................	1590

Address of person"	1591

(C)(1) As soon as possible after the filing of a motion that	1592
requests the issuance of a protection order under this section,	1593
but not later than the next day that the court is in session after	1594
the filing of the motion, the court shall conduct a hearing to	1595
determine whether to issue the order. The person who requested the	1596
order shall appear before the court and provide the court with the	1597
information that it requests concerning the basis of the motion.	1598
If the court finds that the safety and protection of the	1599
complainant or the alleged victim may be impaired by the continued	1600
presence of the alleged offender, the court may issue a protection	1601
order under this section, as a pretrial condition of release, that	1602
contains terms designed to ensure the safety and protection of the	1603
complainant or the alleged victim, including a requirement that	1604
the alleged offender refrain from entering the residence, school,	1605
business, or place of employment of the complainant or the alleged	1606
victim.	1607

(2)(a) If the court issues a protection order under this	1608
section that includes a requirement that the alleged offender	1609
refrain from entering the residence, school, business, or place of	1610
employment of the complainant or the alleged victim, the order	1611
shall clearly state that the order cannot be waived or nullified	1612
by an invitation to the alleged offender from the complainant, the	1613
alleged victim, or a family or household member to enter the	1614
residence, school, business, or place of employment or by the	1615
alleged offender's entry into one of those places otherwise upon	1616
the consent of the complainant, the alleged victim, or a family or	1617
household member.	1618

(b) Division (C)(2)(a) of this section does not limit any	1619
discretion of a court to determine that an alleged offender	1620
charged with a violation of section 2919.27 of the Revised Code,	1621
with a violation of a municipal ordinance substantially equivalent	1622
to that section, or with contempt of court, which charge is based	1623
on an alleged violation of a protection order issued under this	1624
section, did not commit the violation or was not in contempt of	1625
court.	1626

(D)(1) Except when the complaint involves a person who is a	1627
family or household member as defined in section 2919.25 of the	1628
Revised Code, upon the filing of a complaint that alleges a	1629
violation specified in division (A) of this section, the court,	1630
upon its own motion, may issue a protection order under this	1631
section as a pretrial condition of release of the alleged offender	1632
if it finds that the safety and protection of the complainant or	1633
the alleged victim may be impaired by the continued presence of	1634
the alleged offender.	1635

(2) If the court issues a protection order under this section	1636
as an ex parte order, it shall conduct, as soon as possible after	1637
the issuance of the order but not later than the next day that the	1638
court is in session after its issuance, a hearing to determine	1639
whether the order should remain in effect, be modified, or be	1640
revoked. The hearing shall be conducted under the standards set	1641
forth in division (C) of this section.	1642

(3) If a municipal court or a county court issues a	1643
protection order under this section and if, subsequent to the	1644
issuance of the order, the alleged offender who is the subject of	1645
the order is bound over to the court of common pleas for	1646
prosecution of a felony arising out of the same activities as	1647
those that were the basis of the complaint upon which the order is	1648
based, notwithstanding the fact that the order was issued by a	1649
municipal court or county court, the order shall remain in effect,	1650
as though it were an order of the court of common pleas, while the	1651
charges against the alleged offender are pending in the court of	1652
common pleas, for the period of time described in division (E)(2)	1653
of this section, and the court of common pleas has exclusive	1654
jurisdiction to modify the order issued by the municipal court or	1655
county court. This division applies when the alleged offender is	1656
bound over to the court of common pleas as a result of the person	1657
waiving a preliminary hearing on the felony charge, as a result of	1658
the municipal court or county court having determined at a	1659
preliminary hearing that there is probable cause to believe that	1660
the felony has been committed and that the alleged offender	1661
committed it, as a result of the alleged offender having been	1662
indicted for the felony, or in any other manner.	1663

(E) A protection order that is issued as a pretrial condition	1664
of release under this section:	1665

(1) Is in addition to, but shall not be construed as a part	1666
of, any bail set under Criminal Rule 46;	1667

(2) Is effective only until the disposition, by the court	1668
that issued the order or, in the circumstances described in	1669
division (D)(3) of this section, by the court of common pleas to	1670
which the alleged offender is bound over for prosecution, of the	1671
criminal proceeding arising out of the complaint upon which the	1672
order is based or until the issuance under section 2903.214 of the	1673
Revised Code of a protection order arising out of the same	1674
activities as those that were the basis of the complaint filed	1675
under this section;	1676

(3) Shall not be construed as a finding that the alleged	1677
offender committed the alleged offense and shall not be introduced	1678
as evidence of the commission of the offense at the trial of the	1679
alleged offender on the complaint upon which the order is based.	1680

(F) A person who meets the criteria for bail under Criminal	1681
Rule 46 and who, if required to do so pursuant to that rule,	1682
executes or posts bond or deposits cash or securities as bail,	1683
shall not be held in custody pending a hearing before the court on	1684
a motion requesting a protection order under this section.	1685

(G)(1) A copy of a protection order that is issued under this	1686
section shall be issued by the court to the complainant, to the	1687
alleged victim, to the person who requested the order, to the	1688
defendant, and to all law enforcement agencies that have	1689
jurisdiction to enforce the order. The court shall direct that a	1690
copy of the order be delivered to the defendant on the same day	1691
that the order is entered. If a municipal court or a county court	1692
issues a protection order under this section and if, subsequent to	1693
the issuance of the order, the defendant who is the subject of the	1694
order is bound over to the court of common pleas for prosecution	1695
as described in division (D)(3) of this section, the municipal	1696
court or county court shall direct that a copy of the order be	1697
delivered to the court of common pleas to which the defendant is	1698
bound over.	1699

(2) Upon the issuance of a protection order under this	1700
section, the court shall provide the parties to the order with the	1701
following notice orally or by form:	1702

"NOTICE	1703

If you are convicted of a misdemeanor crime involving	1704
violence in which you are or were a spouse, intimate partner,	1705
parent, or guardian of the victim or are or were involved in	1706
another, similar relationship with the victim, it may be unlawful	1707
for you to possess or purchase a firearm, including a rifle,	1708
pistol, or revolver, or ammunition pursuant to federal law under	1709
18 U.S.C. 922(g)(9). If you have any questions whether this law	1710
makes it illegal for you to possess or purchase a firearm or	1711
ammunition, you should consult an attorney."	1712

(3) All law enforcement agencies shall establish and maintain	1713
an index for the protection orders delivered to the agencies	1714
pursuant to division (G)(1) of this section. With respect to each	1715
order delivered, each agency shall note on the index the date and	1716
time of the agency's receipt of the order.	1717

(4) Regardless of whether the petitioner has registered the	1718
protection order in the county in which the officer's agency has	1719
jurisdiction, any officer of a law enforcement agency shall	1720
enforce a protection order issued pursuant to this section in	1721
accordance with the provisions of the order.	1722

(H) Upon a violation of a protection order issued pursuant to	1723
this section, the court may issue another protection order under	1724
this section, as a pretrial condition of release, that modifies	1725
the terms of the order that was violated.	1726

(I) Notwithstanding any provision of law to the contrary and	1727
regardless of whether a protection order is issued or a consent	1728
agreement is approved by a court of another county or by a court	1729
of another state, no court or unit of state or local government	1730
shall charge any fee, cost, deposit, or money in connection with	1731
the filing of a motion pursuant to this section, in connection	1732
with the filing, issuance, registration, or service of a	1733
protection order or consent agreement, or for obtaining certified	1734
copies of a protection order or consent agreement.	1735

(J)(1) Upon the issuance of a protection order under this	1736
section, the court shall notify in writing the person who filed	1737
the motion for the issuance of the order of the right of the	1738
person to apply with the assistance of an application assistant to	1739
the secretary of state under sections 111.31 to 111.40 of the	1740
Revised Code to have an address designated by the secretary of	1741
state serve as the person's address or the address of the person	1742
on whose behalf the protection order was issued. The person who	1743
filed the motion for the issuance of the protection order may	1744
apply with the assistance of an application assistant to the	1745
secretary of state pursuant to those sections to have an address	1746
designated by the secretary of state serve as the person's address	1747
or the address of the person on whose behalf the protection order	1748
was issued.	1749

(2) As used in division (J)(1) of this section, "application	1750
assistant" has the same meaning as in section 111.31 of the	1751
Revised Code.	1752

(K) As used in this section, "sexually oriented offense" has	1753
the same meaning as in section 2950.01 of the Revised Code.	1754

Sec. 2903.214.  (A) As used in this section:

1755

(1) "Court" means the court of common pleas of the county in	1756
which the person to be protected by the protection order resides.	1757

(2) "Victim advocate" means a person who provides support and	1758
assistance for a person who files a petition under this section.	1759

(3) "Family or household member" has the same meaning as in	1760
section 3113.31 of the Revised Code.	1761

(4) "Protection order issued by a court of another state" has	1762
the same meaning as in section 2919.27 of the Revised Code.	1763

(5) "Sexually oriented offense" has the same meaning as in	1764
section 2950.01 of the Revised Code.	1765

(6) "Electronic monitoring" has the same meaning as in	1766
section 2929.01 of the Revised Code.	1767

(B) The court has jurisdiction over all proceedings under	1768
this section.	1769

(C) A person may seek relief under this section for the	1770
person, or any parent or adult household member may seek relief	1771
under this section on behalf of any other family or household	1772
member, by filing a petition with the court. The petition shall	1773
contain or state all of the following:	1774

(1) An allegation that the respondent engaged in a violation	1775
of section 2903.211 of the Revised Code against the person to be	1776
protected by the protection order or committed a sexually oriented	1777
offense against the person to be protected by the protection	1778
order, including a description of the nature and extent of the	1779
violation;	1780

(2) If the petitioner seeks relief in the form of electronic	1781
monitoring of the respondent, an allegation that at any time	1782
preceding the filing of the petition the respondent engaged in	1783
conduct that would cause a reasonable person to believe that the	1784
health, welfare, or safety of the person to be protected was at	1785
risk, a description of the nature and extent of that conduct, and	1786
an allegation that the respondent presents a continuing danger to	1787
the person to be protected;	1788

(3) A request for relief under this section.

1789

(D)(1) If a person who files a petition pursuant to this	1790
section requests an ex parte order, the court shall hold an ex	1791
parte hearing as soon as possible after the petition is filed, but	1792
not later than the next day that the court is in session after the	1793
petition is filed. The court, for good cause shown at the ex parte	1794
hearing, may enter any temporary orders, with or without bond,	1795
that the court finds necessary for the safety and protection of	1796
the person to be protected by the order. Immediate and present	1797
danger to the person to be protected by the protection order	1798
constitutes good cause for purposes of this section. Immediate and	1799
present danger includes, but is not limited to, situations in	1800
which the respondent has threatened the person to be protected by	1801
the protection order with bodily harm or in which the respondent	1802
previously has been convicted of or pleaded guilty to a violation	1803
of section 2903.211 of the Revised Code or a sexually oriented	1804
offense against the person to be protected by the protection	1805
order.	1806

(2)(a) If the court, after an ex parte hearing, issues a	1807
protection order described in division (E) of this section, the	1808
court shall schedule a full hearing for a date that is within ten	1809
court days after the ex parte hearing. The court shall give the	1810
respondent notice of, and an opportunity to be heard at, the full	1811
hearing. The court shall hold the full hearing on the date	1812
scheduled under this division unless the court grants a	1813
continuance of the hearing in accordance with this division. Under	1814
any of the following circumstances or for any of the following	1815
reasons, the court may grant a continuance of the full hearing to	1816
a reasonable time determined by the court:	1817

(i) Prior to the date scheduled for the full hearing under	1818
this division, the respondent has not been served with the	1819
petition filed pursuant to this section and notice of the full	1820
hearing.	1821

(ii) The parties consent to the continuance.

1822

(iii) The continuance is needed to allow a party to obtain	1823
counsel.	1824

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

1825

(b) An ex parte order issued under this section does not	1826
expire because of a failure to serve notice of the full hearing	1827
upon the respondent before the date set for the full hearing under	1828
division (D)(2)(a) of this section or because the court grants a	1829
continuance under that division.	1830

(3) If a person who files a petition pursuant to this section	1831
does not request an ex parte order, or if a person requests an ex	1832
parte order but the court does not issue an ex parte order after	1833
an ex parte hearing, the court shall proceed as in a normal civil	1834
action and grant a full hearing on the matter.	1835

(E)(1)(a) After an ex parte or full hearing, the court may	1836
issue any protection order, with or without bond, that contains	1837
terms designed to ensure the safety and protection of the person	1838
to be protected by the protection order, including, but not	1839
limited to, a requirement that the respondent refrain from	1840
entering the residence, school, business, or place of employment	1841
of the petitioner or family or household member. If the court	1842
includes a requirement that the respondent refrain from entering	1843
the residence, school, business, or place of employment of the	1844
petitioner or family or household member in the order, it also	1845
shall include in the order provisions of the type described in	1846
division (E)(5) of this section.	1847

(b) After a full hearing, if the court considering a petition	1848
that includes an allegation of the type described in division	1849
(C)(2) of this section, or the court upon its own motion, finds	1850
upon clear and convincing evidence that the petitioner reasonably	1851
believed that the respondent's conduct at any time preceding the	1852
filing of the petition endangered the health, welfare, or safety	1853
of the person to be protected and that the respondent presents a	1854
continuing danger to the person to be protected, the court may	1855
order that the respondent be electronically monitored for a period	1856
of time and under the terms and conditions that the court	1857
determines are appropriate. Electronic monitoring shall be in	1858
addition to any other relief granted to the petitioner.	1859

(2)(a) Any protection order issued pursuant to this section	1860
shall be valid until a date certain but not later than five years	1861
from the date of its issuance.	1862

(b) Any protection order issued pursuant to this section may	1863
be renewed in the same manner as the original order was issued.	1864

(3) A court may not issue a protection order that requires a	1865
petitioner to do or to refrain from doing an act that the court	1866
may require a respondent to do or to refrain from doing under	1867
division (E)(1) of this section unless all of the following apply:	1868

(a) The respondent files a separate petition for a protection	1869
order in accordance with this section.	1870

(b) The petitioner is served with notice of the respondent's	1871
petition at least forty-eight hours before the court holds a	1872
hearing with respect to the respondent's petition, or the	1873
petitioner waives the right to receive this notice.	1874

(c) If the petitioner has requested an ex parte order	1875
pursuant to division (D) of this section, the court does not delay	1876
any hearing required by that division beyond the time specified in	1877
that division in order to consolidate the hearing with a hearing	1878
on the petition filed by the respondent.	1879

(d) After a full hearing at which the respondent presents	1880
evidence in support of the request for a protection order and the	1881
petitioner is afforded an opportunity to defend against that	1882
evidence, the court determines that the petitioner has committed a	1883
violation of section 2903.211 of the Revised Code against the	1884
person to be protected by the protection order issued pursuant to	1885
this section, has committed a sexually oriented offense against	1886
the person to be protected by the protection order, or has	1887
violated a protection order issued pursuant to section 2903.213 of	1888
the Revised Code relative to the person to be protected by the	1889
protection order issued pursuant to this section.	1890

(4) No protection order issued pursuant to this section shall	1891
in any manner affect title to any real property.	1892

(5)(a) If the court issues a protection order under this	1893
section that includes a requirement that the alleged offender	1894
refrain from entering the residence, school, business, or place of	1895
employment of the petitioner or a family or household member, the	1896
order shall clearly state that the order cannot be waived or	1897
nullified by an invitation to the alleged offender from the	1898
complainant to enter the residence, school, business, or place of	1899
employment or by the alleged offender's entry into one of those	1900
places otherwise upon the consent of the petitioner or family or	1901
household member.	1902

(b) Division (E)(5)(a) of this section does not limit any	1903
discretion of a court to determine that an alleged offender	1904
charged with a violation of section 2919.27 of the Revised Code,	1905
with a violation of a municipal ordinance substantially equivalent	1906
to that section, or with contempt of court, which charge is based	1907
on an alleged violation of a protection order issued under this	1908
section, did not commit the violation or was not in contempt of	1909
court.	1910

(F)(1) The court shall cause the delivery of a copy of any	1911
protection order that is issued under this section to the	1912
petitioner, to the respondent, and to all law enforcement agencies	1913
that have jurisdiction to enforce the order. The court shall	1914
direct that a copy of the order be delivered to the respondent on	1915
the same day that the order is entered.	1916

(2) Upon the issuance of a protection order under this	1917
section, the court shall provide the parties to the order with the	1918
following notice orally or by form:	1919

"NOTICE	1920

As a result of this order, it may be unlawful for you to	1921
possess or purchase a firearm, including a rifle, pistol, or	1922
revolver, or ammunition pursuant to federal law under 18 U.S.C.	1923
922(g)(8). If you have any questions whether this law makes it	1924
illegal for you to possess or purchase a firearm or ammunition,	1925
you should consult an attorney."	1926

(3) All law enforcement agencies shall establish and maintain	1927
an index for the protection orders delivered to the agencies	1928
pursuant to division (F)(1) of this section. With respect to each	1929
order delivered, each agency shall note on the index the date and	1930
time that it received the order.	1931

(4) Regardless of whether the petitioner has registered the	1932
protection order in the county in which the officer's agency has	1933
jurisdiction pursuant to division (M) of this section, any officer	1934
of a law enforcement agency shall enforce a protection order	1935
issued pursuant to this section by any court in this state in	1936
accordance with the provisions of the order, including removing	1937
the respondent from the premises, if appropriate.	1938

(G) Any proceeding under this section shall be conducted in	1939
accordance with the Rules of Civil Procedure, except that a	1940
protection order may be obtained under this section with or	1941
without bond. An order issued under this section, other than an ex	1942
parte order, that grants a protection order, or that refuses to	1943
grant a protection order, is a final, appealable order. The	1944
remedies and procedures provided in this section are in addition	1945
to, and not in lieu of, any other available civil or criminal	1946
remedies.	1947

(H) The filing of proceedings under this section does not	1948
excuse a person from filing any report or giving any notice	1949
required by section 2151.421 of the Revised Code or by any other	1950
law.	1951

(I) Any law enforcement agency that investigates an alleged	1952
violation of section 2903.211 of the Revised Code or an alleged	1953
commission of a sexually oriented offense shall provide	1954
information to the victim and the family or household members of	1955
the victim regarding the relief available under this section and	1956
section 2903.213 of the Revised Code.	1957

(J) Notwithstanding any provision of law to the contrary and	1958
regardless of whether a protection order is issued or a consent	1959
agreement is approved by a court of another county or by a court	1960
of another state, no court or unit of state or local government	1961
shall charge any fee, cost, deposit, or money in connection with	1962
the filing of a petition pursuant to this section, in connection	1963
with the filing, issuance, registration, or service of a	1964
protection order or consent agreement, or for obtaining a	1965
certified copy of a protection order or consent agreement.	1966

(K)(1) A person who violates a protection order issued under	1967
this section is subject to the following sanctions:	1968

(a) Criminal prosecution for a violation of section 2919.27	1969
of the Revised Code, if the violation of the protection order	1970
constitutes a violation of that section;	1971

(b) Punishment for contempt of court.

1972

(2) The punishment of a person for contempt of court for	1973
violation of a protection order issued under this section does not	1974
bar criminal prosecution of the person for a violation of section	1975
2919.27 of the Revised Code. However, a person punished for	1976
contempt of court is entitled to credit for the punishment imposed	1977
upon conviction of a violation of that section, and a person	1978
convicted of a violation of that section shall not subsequently be	1979
punished for contempt of court arising out of the same activity.	1980

(L) In all stages of a proceeding under this section, a	1981
petitioner may be accompanied by a victim advocate.	1982

(M)(1) A petitioner who obtains a protection order under this	1983
section or a protection order under section 2903.213 of the	1984
Revised Code may provide notice of the issuance or approval of the	1985
order to the judicial and law enforcement officials in any county	1986
other than the county in which the order is issued by registering	1987
that order in the other county pursuant to division (M)(2) of this	1988
section and filing a copy of the registered order with a law	1989
enforcement agency in the other county in accordance with that	1990
division. A person who obtains a protection order issued by a	1991
court of another state may provide notice of the issuance of the	1992
order to the judicial and law enforcement officials in any county	1993
of this state by registering the order in that county pursuant to	1994
section 2919.272 of the Revised Code and filing a copy of the	1995
registered order with a law enforcement agency in that county.	1996

(2) A petitioner may register a protection order issued	1997
pursuant to this section or section 2903.213 of the Revised Code	1998
in a county other than the county in which the court that issued	1999
the order is located in the following manner:	2000

(a) The petitioner shall obtain a certified copy of the order	2001
from the clerk of the court that issued the order and present that	2002
certified copy to the clerk of the court of common pleas or the	2003
clerk of a municipal court or county court in the county in which	2004
the order is to be registered.	2005

(b) Upon accepting the certified copy of the order for	2006
registration, the clerk of the court of common pleas, municipal	2007
court, or county court shall place an endorsement of registration	2008
on the order and give the petitioner a copy of the order that	2009
bears that proof of registration.	2010

(3) The clerk of each court of common pleas, municipal court,	2011
or county court shall maintain a registry of certified copies of	2012
protection orders that have been issued by courts in other	2013
counties pursuant to this section or section 2903.213 of the	2014
Revised Code and that have been registered with the clerk.	2015

(N) If the court orders electronic monitoring of the	2016
respondent under this section, the court shall direct the	2017
sheriff's office or any other appropriate law enforcement agency	2018
to install the electronic monitoring device and to monitor the	2019
respondent. Unless the court determines that the respondent is	2020
indigent, the court shall order the respondent to pay the cost of	2021
the installation and monitoring of the electronic monitoring	2022
device. If the court determines that the respondent is indigent,	2023
the cost of the installation and monitoring of the electronic	2024
monitoring device may be paid out of funds from the reparations	2025
fund created pursuant to section 2743.191 of the Revised Code. The	2026
total amount of costs for the installation and monitoring of	2027
electronic monitoring devices paid pursuant to this division from	2028
the reparations fund shall not exceed three hundred thousand	2029
dollars per year. The attorney general may promulgate rules	2030
pursuant to section 111.15 of the Revised Code to govern payments	2031
made from the reparations fund pursuant to this division. The	2032
rules may include reasonable limits on the total cost paid	2033
pursuant to this division per respondent, the amount of the three	2034
hundred thousand dollars allocated to each county, and how	2035
invoices may be submitted by a county, court, or other entity.	2036

(O)(1) Upon the issuance of a protection order under this	2037
section, the court shall notify the petitioner in writing of the	2038
right of the petitioner to apply with the assistance of an	2039
application assistant to the secretary of state under sections	2040
111.31 to 111.40 of the Revised Code to have an address designated	2041
by the secretary of state serve as the petitioner's address or the	2042
address of the person on whose behalf the protection order was	2043
issued. The petitioner may apply with the assistance of an	2044
application assistant to the secretary of state pursuant to those	2045
sections to have an address designated by the secretary of state	2046
serve as the petitioner's address or the address of the person on	2047
whose behalf the protection order was issued.	2048

(2) As used in division (O)(1) of this section, "application	2049
assistant" has the same meaning as in section 111.31 of the	2050
Revised Code.	2051

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

2052

(1) "Domestic violence" means the occurrence of one or more	2053
of the following acts against a family or household member:	2054

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

2055

(b) Placing another person by the threat of force in fear of	2056
imminent serious physical harm or committing a violation of	2057
section 2903.211 or 2911.211 of the Revised Code;	2058

(c) Committing any act with respect to a child that would	2059
result in the child being an abused child, as defined in section	2060
2151.031 of the Revised Code;	2061

(d) Committing a sexually oriented offense.

2062

(2) "Court" means the domestic relations division of the	2063
court of common pleas in counties that have a domestic relations	2064
division, and the court of common pleas in counties that do not	2065
have a domestic relations division.	2066

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

2067

(a) Any of the following who is residing with or has resided	2068
with the respondent:	2069

(i) A spouse, a person living as a spouse, or a former spouse	2070
of the respondent;	2071

(ii) A parent or a child of the respondent, or another person	2072
related by consanguinity or affinity to the respondent;	2073

(iii) A parent or a child of a spouse, person living as a	2074
spouse, or former spouse of the respondent, or another person	2075
related by consanguinity or affinity to a spouse, person living as	2076
a spouse, or former spouse of the respondent.	2077

(b) The natural parent of any child of whom the respondent is	2078
the other natural parent or is the putative other natural parent.	2079

(4) "Person living as a spouse" means a person who is living	2080
or has lived with the respondent in a common law marital	2081
relationship, who otherwise is cohabiting with the respondent, or	2082
who otherwise has cohabited with the respondent within five years	2083
prior to the date of the alleged occurrence of the act in	2084
question.	2085

(5) "Victim advocate" means a person who provides support and	2086
assistance for a person who files a petition under this section.	2087

(6) "Sexually oriented offense" has the same meaning as in	2088
section 2950.01 of the Revised Code.	2089

(B) The court has jurisdiction over all proceedings under	2090
this section. The petitioner's right to relief under this section	2091
is not affected by the petitioner's leaving the residence or	2092
household to avoid further domestic violence.	2093

(C) A person may seek relief under this section on the	2094
person's own behalf, or any parent or adult household member may	2095
seek relief under this section on behalf of any other family or	2096
household member, by filing a petition with the court. The	2097
petition shall contain or state:	2098

(1) An allegation that the respondent engaged in domestic	2099
violence against a family or household member of the respondent,	2100
including a description of the nature and extent of the domestic	2101
violence;	2102

(2) The relationship of the respondent to the petitioner, and	2103
to the victim if other than the petitioner;	2104

(3) A request for relief under this section.

2105

(D)(1) If a person who files a petition pursuant to this	2106
section requests an ex parte order, the court shall hold an ex	2107
parte hearing on the same day that the petition is filed. The	2108
court, for good cause shown at the ex parte hearing, may enter any	2109
temporary orders, with or without bond, including, but not limited	2110
to, an order described in division (E)(1)(a), (b), or (c) of this	2111
section, that the court finds necessary to protect the family or	2112
household member from domestic violence. Immediate and present	2113
danger of domestic violence to the family or household member	2114
constitutes good cause for purposes of this section. Immediate and	2115
present danger includes, but is not limited to, situations in	2116
which the respondent has threatened the family or household member	2117
with bodily harm, in which the respondent has threatened the	2118
family or household member with a sexually oriented offense, or in	2119
which the respondent previously has been convicted of or pleaded	2120
guilty to an offense that constitutes domestic violence against	2121
the family or household member.	2122

(2)(a) If the court, after an ex parte hearing, issues an	2123
order described in division (E)(1)(b) or (c) of this section, the	2124
court shall schedule a full hearing for a date that is within	2125
seven court days after the ex parte hearing. If any other type of	2126
protection order that is authorized under division (E) of this	2127
section is issued by the court after an ex parte hearing, the	2128
court shall schedule a full hearing for a date that is within ten	2129
court days after the ex parte hearing. The court shall give the	2130
respondent notice of, and an opportunity to be heard at, the full	2131
hearing. The court shall hold the full hearing on the date	2132
scheduled under this division unless the court grants a	2133
continuance of the hearing in accordance with this division. Under	2134
any of the following circumstances or for any of the following	2135
reasons, the court may grant a continuance of the full hearing to	2136
a reasonable time determined by the court:	2137

(i) Prior to the date scheduled for the full hearing under	2138
this division, the respondent has not been served with the	2139
petition filed pursuant to this section and notice of the full	2140
hearing.	2141

(ii) The parties consent to the continuance.

2142

(iii) The continuance is needed to allow a party to obtain	2143
counsel.	2144

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

2145

(b) An ex parte order issued under this section does not	2146
expire because of a failure to serve notice of the full hearing	2147
upon the respondent before the date set for the full hearing under	2148
division (D)(2)(a) of this section or because the court grants a	2149
continuance under that division.	2150

(3) If a person who files a petition pursuant to this section	2151
does not request an ex parte order, or if a person requests an ex	2152
parte order but the court does not issue an ex parte order after	2153
an ex parte hearing, the court shall proceed as in a normal civil	2154
action and grant a full hearing on the matter.	2155

(E)(1) After an ex parte or full hearing, the court may grant	2156
any protection order, with or without bond, or approve any consent	2157
agreement to bring about a cessation of domestic violence against	2158
the family or household members. The order or agreement may:	2159

(a) Direct the respondent to refrain from abusing or from	2160
committing sexually oriented offenses against the family or	2161
household members;	2162

(b) Grant possession of the residence or household to the	2163
petitioner or other family or household member, to the exclusion	2164
of the respondent, by evicting the respondent, when the residence	2165
or household is owned or leased solely by the petitioner or other	2166
family or household member, or by ordering the respondent to	2167
vacate the premises, when the residence or household is jointly	2168
owned or leased by the respondent, and the petitioner or other	2169
family or household member;	2170

(c) When the respondent has a duty to support the petitioner	2171
or other family or household member living in the residence or	2172
household and the respondent is the sole owner or lessee of the	2173
residence or household, grant possession of the residence or	2174
household to the petitioner or other family or household member,	2175
to the exclusion of the respondent, by ordering the respondent to	2176
vacate the premises, or, in the case of a consent agreement, allow	2177
the respondent to provide suitable, alternative housing;	2178

(d) Temporarily allocate parental rights and responsibilities	2179
for the care of, or establish temporary parenting time rights with	2180
regard to, minor children, if no other court has determined, or is	2181
determining, the allocation of parental rights and	2182
responsibilities for the minor children or parenting time rights;	2183

(e) Require the respondent to maintain support, if the	2184
respondent customarily provides for or contributes to the support	2185
of the family or household member, or if the respondent has a duty	2186
to support the petitioner or family or household member;	2187

(f) Require the respondent, petitioner, victim of domestic	2188
violence, or any combination of those persons, to seek counseling;	2189

(g) Require the respondent to refrain from entering the	2190
residence, school, business, or place of employment of the	2191
petitioner or family or household member;	2192

(h) Grant other relief that the court considers equitable and	2193
fair, including, but not limited to, ordering the respondent to	2194
permit the use of a motor vehicle by the petitioner or other	2195
family or household member and the apportionment of household and	2196
family personal property.	2197

(2) If a protection order has been issued pursuant to this	2198
section in a prior action involving the respondent and the	2199
petitioner or one or more of the family or household members or	2200
victims, the court may include in a protection order that it	2201
issues a prohibition against the respondent returning to the	2202
residence or household. If it includes a prohibition against the	2203
respondent returning to the residence or household in the order,	2204
it also shall include in the order provisions of the type	2205
described in division (E)(7) of this section. This division does	2206
not preclude the court from including in a protection order or	2207
consent agreement, in circumstances other than those described in	2208
this division, a requirement that the respondent be evicted from	2209
or vacate the residence or household or refrain from entering the	2210
residence, school, business, or place of employment of the	2211
petitioner or a family or household member, and, if the court	2212
includes any requirement of that type in an order or agreement,	2213
the court also shall include in the order provisions of the type	2214
described in division (E)(7) of this section.	2215

(3)(a) Any protection order issued or consent agreement	2216
approved under this section shall be valid until a date certain,	2217
but not later than five years from the date of its issuance or	2218
approval unless modified or terminated as provided in division	2219
(E)(8) of this section.	2220

(b) Subject to the limitation on the duration of an order or	2221
agreement set forth in division (E)(3)(a) of this section, any	2222
order under division (E)(1)(d) of this section shall terminate on	2223
the date that a court in an action for divorce, dissolution of	2224
marriage, or legal separation brought by the petitioner or	2225
respondent issues an order allocating parental rights and	2226
responsibilities for the care of children or on the date that a	2227
juvenile court in an action brought by the petitioner or	2228
respondent issues an order awarding legal custody of minor	2229
children. Subject to the limitation on the duration of an order or	2230
agreement set forth in division (E)(3)(a) of this section, any	2231
order under division (E)(1)(e) of this section shall terminate on	2232
the date that a court in an action for divorce, dissolution of	2233
marriage, or legal separation brought by the petitioner or	2234
respondent issues a support order or on the date that a juvenile	2235
court in an action brought by the petitioner or respondent issues	2236
a support order.	2237

(c) Any protection order issued or consent agreement approved	2238
pursuant to this section may be renewed in the same manner as the	2239
original order or agreement was issued or approved.	2240

(4) A court may not issue a protection order that requires a	2241
petitioner to do or to refrain from doing an act that the court	2242
may require a respondent to do or to refrain from doing under	2243
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	2244
section unless all of the following apply:	2245

(a) The respondent files a separate petition for a protection	2246
order in accordance with this section.	2247

(b) The petitioner is served notice of the respondent's	2248
petition at least forty-eight hours before the court holds a	2249
hearing with respect to the respondent's petition, or the	2250
petitioner waives the right to receive this notice.	2251

(c) If the petitioner has requested an ex parte order	2252
pursuant to division (D) of this section, the court does not delay	2253
any hearing required by that division beyond the time specified in	2254
that division in order to consolidate the hearing with a hearing	2255
on the petition filed by the respondent.	2256

(d) After a full hearing at which the respondent presents	2257
evidence in support of the request for a protection order and the	2258
petitioner is afforded an opportunity to defend against that	2259
evidence, the court determines that the petitioner has committed	2260
an act of domestic violence or has violated a temporary protection	2261
order issued pursuant to section 2919.26 of the Revised Code, that	2262
both the petitioner and the respondent acted primarily as	2263
aggressors, and that neither the petitioner nor the respondent	2264
acted primarily in self-defense.	2265

(5) No protection order issued or consent agreement approved	2266
under this section shall in any manner affect title to any real	2267
property.	2268

(6)(a) If a petitioner, or the child of a petitioner, who	2269
obtains a protection order or consent agreement pursuant to	2270
division (E)(1) of this section or a temporary protection order	2271
pursuant to section 2919.26 of the Revised Code and is the subject	2272
of a parenting time order issued pursuant to section 3109.051 or	2273
3109.12 of the Revised Code or a visitation or companionship order	2274
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	2275
Revised Code or division (E)(1)(d) of this section granting	2276
parenting time rights to the respondent, the court may require the	2277
public children services agency of the county in which the court	2278
is located to provide supervision of the respondent's exercise of	2279
parenting time or visitation or companionship rights with respect	2280
to the child for a period not to exceed nine months, if the court	2281
makes the following findings of fact:	2282

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

2283

(ii) No other person or agency is available to provide the	2284
supervision.	2285

(b) A court that requires an agency to provide supervision	2286
pursuant to division (E)(6)(a) of this section shall order the	2287
respondent to reimburse the agency for the cost of providing the	2288
supervision, if it determines that the respondent has sufficient	2289
income or resources to pay that cost.	2290

(7)(a) If a protection order issued or consent agreement	2291
approved under this section includes a requirement that the	2292
respondent be evicted from or vacate the residence or household or	2293
refrain from entering the residence, school, business, or place of	2294
employment of the petitioner or a family or household member, the	2295
order or agreement shall state clearly that the order or agreement	2296
cannot be waived or nullified by an invitation to the respondent	2297
from the petitioner or other family or household member to enter	2298
the residence, school, business, or place of employment or by the	2299
respondent's entry into one of those places otherwise upon the	2300
consent of the petitioner or other family or household member.	2301

(b) Division (E)(7)(a) of this section does not limit any	2302
discretion of a court to determine that a respondent charged with	2303
a violation of section 2919.27 of the Revised Code, with a	2304
violation of a municipal ordinance substantially equivalent to	2305
that section, or with contempt of court, which charge is based on	2306
an alleged violation of a protection order issued or consent	2307
agreement approved under this section, did not commit the	2308
violation or was not in contempt of court.	2309

(8)(a) The court may modify or terminate as provided in	2310
division (E)(8) of this section a protection order or consent	2311
agreement that was issued after a full hearing under this section.	2312
The court that issued the protection order or approved the consent	2313
agreement shall hear a motion for modification or termination of	2314
the protection order or consent agreement pursuant to division	2315
(E)(8) of this section.	2316

(b) Either the petitioner or the respondent of the original	2317
protection order or consent agreement may bring a motion for	2318
modification or termination of a protection order or consent	2319
agreement that was issued or approved after a full hearing. The	2320
court shall require notice of the motion to be made as provided by	2321
the Rules of Civil Procedure. If the petitioner for the original	2322
protection order or consent agreement has requested that the	2323
petitioner's address be kept confidential, the court shall not	2324
disclose the address to the respondent of the original protection	2325
order or consent agreement or any other person, except as	2326
otherwise required by law. The moving party has the burden of	2327
proof to show, by a preponderance of the evidence, that	2328
modification or termination of the protection order or consent	2329
agreement is appropriate because either the protection order or	2330
consent agreement is no longer needed or because the terms of the	2331
original protection order or consent agreement are no longer	2332
appropriate.	2333

(c) In considering whether to modify or terminate a	2334
protection order or consent agreement issued or approved under	2335
this section, the court shall consider all relevant factors,	2336
including, but not limited to, the following:	2337

(i) Whether the petitioner consents to modification or	2338
termination of the protection order or consent agreement;	2339

(ii) Whether the petitioner fears the respondent;

2340

(iii) The current nature of the relationship between the	2341
petitioner and the respondent;	2342

(iv) The circumstances of the petitioner and respondent,	2343
including the relative proximity of the petitioner's and	2344
respondent's workplaces and residences and whether the petitioner	2345
and respondent have minor children together;	2346

(v) Whether the respondent has complied with the terms and	2347
conditions of the original protection order or consent agreement;	2348

(vi) Whether the respondent has a continuing involvement with	2349
illegal drugs or alcohol;	2350

(vii) Whether the respondent has been convicted of or pleaded	2351
guilty to an offense of violence since the issuance of the	2352
protection order or approval of the consent agreement;	2353

(viii) Whether any other protection orders, consent	2354
agreements, restraining orders, or no contact orders have been	2355
issued against the respondent pursuant to this section, section	2356
2919.26 of the Revised Code, any other provision of state law, or	2357
the law of any other state;	2358

(ix) Whether the respondent has participated in any domestic	2359
violence treatment, intervention program, or other counseling	2360
addressing domestic violence and whether the respondent has	2361
completed the treatment, program, or counseling;	2362

(x) The time that has elapsed since the protection order was	2363
issued or since the consent agreement was approved;	2364

(xi) The age and health of the respondent;

2365

(xii) When the last incident of abuse, threat of harm, or	2366
commission of a sexually oriented offense occurred or other	2367
relevant information concerning the safety and protection of the	2368
petitioner or other protected parties.	2369

(d) If a protection order or consent agreement is modified or	2370
terminated as provided in division (E)(8) of this section, the	2371
court shall issue copies of the modified or terminated order or	2372
agreement as provided in division (F) of this section. A	2373
petitioner may also provide notice of the modification or	2374
termination to the judicial and law enforcement officials in any	2375
county other than the county in which the order or agreement is	2376
modified or terminated as provided in division (N) of this	2377
section.	2378

(e) If the respondent moves for modification or termination	2379
of a protection order or consent agreement pursuant to this	2380
section, the court may assess costs against the respondent for the	2381
filing of the motion.	2382

(F)(1) A copy of any protection order, or consent agreement,	2383
that is issued, approved, modified, or terminated under this	2384
section shall be issued by the court to the petitioner, to the	2385
respondent, and to all law enforcement agencies that have	2386
jurisdiction to enforce the order or agreement. The court shall	2387
direct that a copy of an order be delivered to the respondent on	2388
the same day that the order is entered.	2389

(2) Upon the issuance of a protection order or the approval	2390
of a consent agreement under this section, the court shall provide	2391
the parties to the order or agreement with the following notice	2392
orally or by form:	2393

"NOTICE	2394

As a result of this order or consent agreement, it may be	2395
unlawful for you to possess or purchase a firearm, including a	2396
rifle, pistol, or revolver, or ammunition pursuant to federal law	2397
under 18 U.S.C. 922(g)(8). If you have any questions whether this	2398
law makes it illegal for you to possess or purchase a firearm or	2399
ammunition, you should consult an attorney."	2400

(3) All law enforcement agencies shall establish and maintain	2401
an index for the protection orders and the approved consent	2402
agreements delivered to the agencies pursuant to division (F)(1)	2403
of this section. With respect to each order and consent agreement	2404
delivered, each agency shall note on the index the date and time	2405
that it received the order or consent agreement.	2406

(4) Regardless of whether the petitioner has registered the	2407
order or agreement in the county in which the officer's agency has	2408
jurisdiction pursuant to division (N) of this section, any officer	2409
of a law enforcement agency shall enforce a protection order	2410
issued or consent agreement approved by any court in this state in	2411
accordance with the provisions of the order or agreement,	2412
including removing the respondent from the premises, if	2413
appropriate.	2414

(G) Any proceeding under this section shall be conducted in	2415
accordance with the Rules of Civil Procedure, except that an order	2416
under this section may be obtained with or without bond. An order	2417
issued under this section, other than an ex parte order, that	2418
grants a protection order or approves a consent agreement, that	2419
refuses to grant a protection order or approve a consent agreement	2420
that modifies or terminates a protection order or consent	2421
agreement, or that refuses to modify or terminate a protection	2422
order or consent agreement, is a final, appealable order. The	2423
remedies and procedures provided in this section are in addition	2424
to, and not in lieu of, any other available civil or criminal	2425
remedies.	2426

(H) The filing of proceedings under this section does not	2427
excuse a person from filing any report or giving any notice	2428
required by section 2151.421 of the Revised Code or by any other	2429
law. When a petition under this section alleges domestic violence	2430
against minor children, the court shall report the fact, or cause	2431
reports to be made, to a county, township, or municipal peace	2432
officer under section 2151.421 of the Revised Code.	2433

(I) Any law enforcement agency that investigates a domestic	2434
dispute shall provide information to the family or household	2435
members involved regarding the relief available under this section	2436
and section 2919.26 of the Revised Code.	2437

(J) Notwithstanding any provision of law to the contrary and	2438
regardless of whether a protection order is issued or a consent	2439
agreement is approved by a court of another county or a court of	2440
another state, no court or unit of state or local government shall	2441
charge any fee, cost, deposit, or money in connection with the	2442
filing of a petition pursuant to this section or in connection	2443
with the filing, issuance, registration, or service of a	2444
protection order or consent agreement, or for obtaining a	2445
certified copy of a protection order or consent agreement.	2446

(K)(1) The court shall comply with Chapters 3119., 3121.,	2447
3123., and 3125. of the Revised Code when it makes or modifies an	2448
order for child support under this section.	2449

(2) If any person required to pay child support under an	2450
order made under this section on or after April 15, 1985, or	2451
modified under this section on or after December 31, 1986, is	2452
found in contempt of court for failure to make support payments	2453
under the order, the court that makes the finding, in addition to	2454
any other penalty or remedy imposed, shall assess all court costs	2455
arising out of the contempt proceeding against the person and	2456
require the person to pay any reasonable attorney's fees of any	2457
adverse party, as determined by the court, that arose in relation	2458
to the act of contempt.	2459

(L)(1) A person who violates a protection order issued or a	2460
consent agreement approved under this section is subject to the	2461
following sanctions:	2462

(a) Criminal prosecution for a violation of section 2919.27	2463
of the Revised Code, if the violation of the protection order or	2464
consent agreement constitutes a violation of that section;	2465

(b) Punishment for contempt of court.

2466

(2) The punishment of a person for contempt of court for	2467
violation of a protection order issued or a consent agreement	2468
approved under this section does not bar criminal prosecution of	2469
the person for a violation of section 2919.27 of the Revised Code.	2470
However, a person punished for contempt of court is entitled to	2471
credit for the punishment imposed upon conviction of a violation	2472
of that section, and a person convicted of a violation of that	2473
section shall not subsequently be punished for contempt of court	2474
arising out of the same activity.	2475

(M) In all stages of a proceeding under this section, a	2476
petitioner may be accompanied by a victim advocate.	2477

(N)(1) A petitioner who obtains a protection order or consent	2478
agreement under this section or a temporary protection order under	2479
section 2919.26 of the Revised Code may provide notice of the	2480
issuance or approval of the order or agreement to the judicial and	2481
law enforcement officials in any county other than the county in	2482
which the order is issued or the agreement is approved by	2483
registering that order or agreement in the other county pursuant	2484
to division (N)(2) of this section and filing a copy of the	2485
registered order or registered agreement with a law enforcement	2486
agency in the other county in accordance with that division. A	2487
person who obtains a protection order issued by a court of another	2488
state may provide notice of the issuance of the order to the	2489
judicial and law enforcement officials in any county of this state	2490
by registering the order in that county pursuant to section	2491
2919.272 of the Revised Code and filing a copy of the registered	2492
order with a law enforcement agency in that county.	2493

(2) A petitioner may register a temporary protection order,	2494
protection order, or consent agreement in a county other than the	2495
county in which the court that issued the order or approved the	2496
agreement is located in the following manner:	2497

(a) The petitioner shall obtain a certified copy of the order	2498
or agreement from the clerk of the court that issued the order or	2499
approved the agreement and present that certified copy to the	2500
clerk of the court of common pleas or the clerk of a municipal	2501
court or county court in the county in which the order or	2502
agreement is to be registered.	2503

(b) Upon accepting the certified copy of the order or	2504
agreement for registration, the clerk of the court of common	2505
pleas, municipal court, or county court shall place an endorsement	2506
of registration on the order or agreement and give the petitioner	2507
a copy of the order or agreement that bears that proof of	2508
registration.	2509

(3) The clerk of each court of common pleas, the clerk of	2510
each municipal court, and the clerk of each county court shall	2511
maintain a registry of certified copies of temporary protection	2512
orders, protection orders, or consent agreements that have been	2513
issued or approved by courts in other counties and that have been	2514
registered with the clerk.	2515

(O)(1) Upon the issuance of a protection order or the	2516
approval of a consent agreement under this section, the court	2517
shall notify the petitioner in writing of the right of the	2518
petitioner to apply with the assistance of an application	2519
assistant to the secretary of state under sections 111.31 to	2520
111.40 of the Revised Code to have an address designated by the	2521
secretary of state serve as the petitioner's address or the	2522
address of the person on whose behalf the protection order was	2523
issued or the consent agreement was approved. The petitioner may	2524
apply with the assistance of an application assistant to the	2525
secretary of state pursuant to those sections to have an address	2526
designated by the secretary of state serve as the petitioner's	2527
address or the address of the person on whose behalf the	2528
protection order was issued or the consent agreement was approved.	2529

(2) As used in division (O)(1) of this section, "application	2530
assistant" has the same meaning as in section 111.31 of the	2531
Revised Code.	2532

Sec. 3503.15.  (A) The secretary of state shall establish and	2533
maintain a statewide voter registration database that shall be	2534
continuously available to each board of elections and to other	2535
agencies as authorized by law.	2536

(B) The statewide voter registration database established	2537
under this section shall be the official list of registered voters	2538
for all elections conducted in this state.	2539

(C) The statewide voter registration database established	2540
under this section shall, at a minimum, include all of the	2541
following:	2542

(1) An electronic network that connects all board of	2543
elections offices with the office of the secretary of state and	2544
with the offices of all other boards of elections;	2545

(2) A computer program that harmonizes the records contained	2546
in the database with records maintained by each board of	2547
elections;	2548

(3) An interactive computer program that allows access to the	2549
records contained in the database by each board of elections and	2550
by any persons authorized by the secretary of state to add,	2551
delete, modify, or print database records, and to conduct updates	2552
of the database;	2553

(4) A search program capable of verifying registered voters	2554
and their registration information by name, driver's license	2555
number, birth date, social security number, or current address;	2556

(5) Safeguards and components to ensure that the integrity,	2557
security, and confidentiality of the voter registration	2558
information is maintained.	2559

(D) The secretary of state shall adopt rules pursuant to	2560
Chapter 119. of the Revised Code doing all of the following:	2561

(1) Specifying the manner in which existing voter	2562
registration records maintained by boards of elections shall be	2563
converted to electronic files for inclusion in the statewide voter	2564
registration database;	2565

(2) Establishing a uniform method for entering voter	2566
registration records into the statewide voter registration	2567
database on an expedited basis, but not less than once per day, if	2568
new registration information is received;	2569

(3) Establishing a uniform method for purging canceled voter	2570
registration records from the statewide voter registration	2571
database in accordance with section 3503.21 of the Revised Code;	2572

(4) Specifying the persons authorized to add, delete, modify,	2573
or print records contained in the statewide voter registration	2574
database and to make updates of that database;	2575

(5) Establishing a process for annually auditing the	2576
information contained in the statewide voter registration	2577
database;	2578

(6) Establishing a process to keep the voter registration	2579
record of a person who is a program participant under sections	2580
111.31 to 111.40 of the Revised Code confidential and not	2581
available for public inspection.	2582

(E) A board of elections promptly shall purge a voter's name	2583
and voter registration information from the statewide voter	2584
registration database in accordance with the rules adopted by the	2585
secretary of state under division (D)(3) of this section after the	2586
cancellation of a voter's registration under section 3503.21 of	2587
the Revised Code.	2588

(F) The secretary of state shall provide training in the	2589
operation of the statewide voter registration database to each	2590
board of elections and to any persons authorized by the secretary	2591
of state to add, delete, modify, or print database records, and to	2592
conduct updates of the database.	2593

(G)(1) The statewide voter registration database established	2594
under this section shall be made available on a web site of the	2595
office of the secretary of state as follows:	2596

(a) Except as otherwise provided in division (G)(1)(b) of	2597
this section, only the following information from the statewide	2598
voter registration database regarding a registered voter shall be	2599
made available on the web site:	2600

(i) The voter's name;

2601

(ii) The voter's address;

2602

(iii) The voter's precinct number;

2603

(iv) The voter's voting history.

2604

(b) During the thirty days before the day of a primary or	2605
general election, the web site interface of the statewide voter	2606
registration database shall permit a voter to search for the	2607
polling location at which that voter may cast a ballot.	2608

(2) The secretary of state shall establish, by rule adopted	2609
under Chapter 119. of the Revised Code, a process for boards of	2610
elections to notify the secretary of state of changes in the	2611
locations of precinct polling places for the purpose of updating	2612
the information made available on the secretary of state's web	2613
site under division (G)(1)(b) of this section. Those rules shall	2614
require a board of elections, during the thirty days before the	2615
day of a primary or general election, to notify the secretary of	2616
state within one business day of any change to the location of a	2617
precinct polling place within the county.	2618

(3) During the thirty days before the day of a primary or	2619
general election, not later than one business day after receiving	2620
a notification from a county pursuant to division (G)(2) of this	2621
section that the location of a precinct polling place has changed,	2622
the secretary of state shall update that information on the	2623
secretary of state's web site for the purpose of division	2624
(G)(1)(b) of this section.	2625

Sec. 3503.151. Notwithstanding any other provision of Chapter	2626
3503. of the Revised Code, the secretary of state shall maintain	2627
the voter registration records for participants in the address	2628
confidentiality program under sections 111.32 to 111.40 of the	2629
Revised Code who are registered or choose to register to vote. The	2630
secretary of state shall process new voter registration records	2631
and maintain existing voter registration records in the same	2632
manner as county boards of elections.	2633

Sec. 3509.03.  Except as provided in section 3509.031 or	2634
division (B) of section 3509.08 of the Revised Code, any qualified	2635
elector desiring to vote absent voter's ballots at an election	2636
shall make written application for those ballots to the director	2637
of elections of the county in which the elector's voting residence	2638
is located. The application need not be in any particular form but	2639
shall contain all of the following:	2640

(A) The elector's name;

2641

(B) The elector's signature;

2642

(C) The address at which the elector is registered to vote;

2643

(D) The elector's date of birth;

2644

(E) One of the following:

2645

(1) The elector's driver's license number;

2646

(2) The last four digits of the elector's social security	2647
number;	2648

(3) A copy of the elector's current and valid photo	2649
identification, a copy of a military identification, or a copy of	2650
a current utility bill, bank statement, government check,	2651
paycheck, or other government document, other than a notice of an	2652
election mailed by a board of elections under section 3501.19 of	2653
the Revised Code or a notice of voter registration mailed by a	2654
board of elections under section 3503.19 of the Revised Code, that	2655
shows the name and address of the elector.	2656

(F) A statement identifying the election for which absent	2657
voter's ballots are requested;	2658

(G) A statement that the person requesting the ballots is a	2659
qualified elector;	2660

(H) If the request is for primary election ballots, the	2661
elector's party affiliation;	2662

(I) If the elector desires ballots to be mailed to the	2663
elector, the address to which those ballots shall be mailed.	2664

A voter who will be outside the United States on the day of	2665
any election during a calendar year may use a single federal post	2666
card application to apply for absent voter's ballots. Those	2667
ballots shall be sent to the voter for use at the primary and	2668
general elections in that year and any special election to be held	2669
on the day in that year specified by division (E) of section	2670
3501.01 of the Revised Code for the holding of a primary election,	2671
designated by the general assembly for the purpose of submitting	2672
constitutional amendments proposed by the general assembly to the	2673
voters of the state unless the voter reports a change in the	2674
voter's voting status to the board of elections or the voter's	2675
intent to vote in any such election in the precinct in this state	2676
where the voter is registered to vote. A single federal postcard	2677
application shall be processed by the board of elections pursuant	2678
to section 3509.04 of the Revised Code the same as if the voter	2679
had applied separately for absent voter's ballots for each	2680
election. When mailing absent voter's ballots to a voter who	2681
applied for them by single federal post card application, the	2682
board shall enclose notification to the voter that the voter must	2683
report to the board subsequent changes in the voter's voting	2684
status or the voter's subsequent intent to vote in any such	2685
election in the precinct in this state where the voter is	2686
registered to vote. Such notification shall be in a form	2687
prescribed by the secretary of state. As used in this section,	2688
"voting status" means the voter's name at the time the voter	2689
applied for absent voter's ballots by single federal post card	2690
application and the voter's address outside the United States to	2691
which the voter requested that those ballots be sent.	2692

EachExcept as provided in section 111.34 of the Revised	2693
Code, each application for absent voter's ballots shall be	2694
delivered to the director not earlier than the first day of	2695
January of the year of the elections for which the absent voter's	2696
ballots are requested or not earlier than ninety days before the	2697
day of the election at which the ballots are to be voted,	2698
whichever is earlier, and not later than twelve noon of the third	2699
day before the day of the election at which the ballots are to be	2700
voted, or not later than the close of regular business hours on	2701
the day before the day of the election at which the ballots are to	2702
be voted if the application is delivered in person to the office	2703
of the board.	2704

Section 2.  That existing sections 149.43, 149.45, 319.28,	2705
319.54, 2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 of the	2706
Revised Code are hereby repealed.	2707