As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 301


Representatives Hottinger, Beck 

Cosponsors: Representatives Hackett, Fende, Derickson, Williams, Wachtmann, Combs, Patmon, Blair, Szollosi, Kozlowski 

A BILL
To amend section 2921.22 of the Revised Code to 1
require a parent, legal guardian, or custodian of 2
a child under the age of thirteen to report to a 3
law enforcement agency within twenty-four hours 4
after the child is missing or the parent, legal 5
guardian, or custodian discovers that the child is 6
deceased.7


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

       Section 1. That section 2921.22 of the Revised Code be 8
amended to read as follows:9

       Sec. 2921.22.  (A)(1) Except as provided in division (A)(2) 10
of this section, no person, knowing that a felony has been or is 11
being committed, shall knowingly fail to report such information 12
to law enforcement authorities.13

       (2) No person, knowing that a violation of division (B) of 14
section 2913.04 of the Revised Code has been, or is being 15
committed or that the person has received information derived from 16
such a violation, shall knowingly fail to report the violation to 17
law enforcement authorities.18

       (B) Except for conditions that are within the scope of 19
division (E) of this section, no physician, limited practitioner, 20
nurse, or other person giving aid to a sick or injured person 21
shall negligently fail to report to law enforcement authorities 22
any gunshot or stab wound treated or observed by the physician, 23
limited practitioner, nurse, or person, or any serious physical 24
harm to persons that the physician, limited practitioner, nurse, 25
or person knows or has reasonable cause to believe resulted from 26
an offense of violence.27

       (C) No(1) Except as provided in division (C)(2) of this 28
section, no person who discovers the body or acquires the first 29
knowledge of the death of a person shall fail to report the death 30
immediately to a physician whom the person knows to be treating 31
the deceased for a condition from which death at such time would 32
not be unexpected, or to a law enforcement officer, an ambulance 33
service, an emergency squad, or the coroner in a political 34
subdivision in which the body is discovered, the death is believed 35
to have occurred, or knowledge concerning the death is obtained.36

       (2) No parent, legal guardian, or custodian of a child under 37
the age of thirteen who acquires knowledge of the child's death 38
shall knowingly fail to report the child's death to law 39
enforcement authorities within twenty-four hours after acquiring 40
knowledge of the child's death.41

       (D) No person shall fail to provide upon request of the 42
person to whom a report required by division (C) of this section 43
was made, or to any law enforcement officer who has reasonable 44
cause to assert the authority to investigate the circumstances 45
surrounding the death, any facts within the person's knowledge 46
that may have a bearing on the investigation of the death.47

       (E)(1) As used in this division, "burn injury" means any of 48
the following:49

       (a) Second or third degree burns;50

       (b) Any burns to the upper respiratory tract or laryngeal 51
edema due to the inhalation of superheated air;52

       (c) Any burn injury or wound that may result in death;53

       (d) Any physical harm to persons caused by or as the result 54
of the use of fireworks, novelties and trick noisemakers, and wire 55
sparklers, as each is defined by section 3743.01 of the Revised 56
Code.57

       (2) No physician, nurse, or limited practitioner who, outside 58
a hospital, sanitarium, or other medical facility, attends or 59
treats a person who has sustained a burn injury that is inflicted 60
by an explosion or other incendiary device or that shows evidence 61
of having been inflicted in a violent, malicious, or criminal 62
manner shall fail to report the burn injury immediately to the 63
local arson, or fire and explosion investigation, bureau, if there 64
is a bureau of this type in the jurisdiction in which the person 65
is attended or treated, or otherwise to local law enforcement 66
authorities.67

       (3) No manager, superintendent, or other person in charge of 68
a hospital, sanitarium, or other medical facility in which a 69
person is attended or treated for any burn injury that is 70
inflicted by an explosion or other incendiary device or that shows 71
evidence of having been inflicted in a violent, malicious, or 72
criminal manner shall fail to report the burn injury immediately 73
to the local arson, or fire and explosion investigation, bureau, 74
if there is a bureau of this type in the jurisdiction in which the 75
person is attended or treated, or otherwise to local law 76
enforcement authorities.77

       (4) No person who is required to report any burn injury under 78
division (E)(2) or (3) of this section shall fail to file, within 79
three working days after attending or treating the victim, a 80
written report of the burn injury with the office of the state 81
fire marshal. The report shall comply with the uniform standard 82
developed by the state fire marshal pursuant to division (A)(15) 83
of section 3737.22 of the Revised Code.84

       (5) Anyone participating in the making of reports under 85
division (E) of this section or anyone participating in a judicial 86
proceeding resulting from the reports is immune from any civil or 87
criminal liability that otherwise might be incurred or imposed as 88
a result of such actions. Notwithstanding section 4731.22 of the 89
Revised Code, the physician-patient relationship is not a ground 90
for excluding evidence regarding a person's burn injury or the 91
cause of the burn injury in any judicial proceeding resulting from 92
a report submitted under division (E) of this section.93

       (F)(1) Any doctor of medicine or osteopathic medicine, 94
hospital intern or resident, registered or licensed practical 95
nurse, psychologist, social worker, independent social worker, 96
social work assistant, professional clinical counselor, or 97
professional counselor who knows or has reasonable cause to 98
believe that a patient or client has been the victim of domestic 99
violence, as defined in section 3113.31 of the Revised Code, shall 100
note that knowledge or belief and the basis for it in the 101
patient's or client's records.102

       (2) Notwithstanding section 4731.22 of the Revised Code, the 103
doctor-patient privilege shall not be a ground for excluding any 104
information regarding the report containing the knowledge or 105
belief noted under division (F)(1) of this section, and the 106
information may be admitted as evidence in accordance with the 107
Rules of Evidence.108

       (G) No parent, legal guardian, or custodian of a child under 109
the age of thirteen who acquires knowledge that the child is 110
missing shall knowingly fail to report that the child is missing 111
to law enforcement authorities within twenty-four hours after 112
acquiring knowledge that the child is missing.113

       (H) Divisions (A) and (D) of this section do not require 114
disclosure of information, when any of the following applies:115

       (1) The information is privileged by reason of the 116
relationship between attorney and client; doctor and patient; 117
licensed psychologist or licensed school psychologist and client; 118
member of the clergy, rabbi, minister, or priest and any person 119
communicating information confidentially to the member of the 120
clergy, rabbi, minister, or priest for a religious counseling 121
purpose of a professional character; husband and wife; or a 122
communications assistant and those who are a party to a 123
telecommunications relay service call.124

       (2) The information would tend to incriminate a member of the 125
actor's immediate family.126

       (3) Disclosure of the information would amount to revealing a 127
news source, privileged under section 2739.04 or 2739.12 of the 128
Revised Code.129

       (4) Disclosure of the information would amount to disclosure 130
by a member of the ordained clergy of an organized religious body 131
of a confidential communication made to that member of the clergy 132
in that member's capacity as a member of the clergy by a person 133
seeking the aid or counsel of that member of the clergy.134

       (5) Disclosure would amount to revealing information acquired 135
by the actor in the course of the actor's duties in connection 136
with a bona fide program of treatment or services for drug 137
dependent persons or persons in danger of drug dependence, which 138
program is maintained or conducted by a hospital, clinic, person, 139
agency, or organization certified pursuant to section 3793.06 of 140
the Revised Code.141

       (6) Disclosure would amount to revealing information acquired 142
by the actor in the course of the actor's duties in connection 143
with a bona fide program for providing counseling services to 144
victims of crimes that are violations of section 2907.02 or 145
2907.05 of the Revised Code or to victims of felonious sexual 146
penetration in violation of former section 2907.12 of the Revised 147
Code. As used in this division, "counseling services" include 148
services provided in an informal setting by a person who, by 149
education or experience, is competent to provide those services.150

       (H)(I) No disclosure of information pursuant to this section 151
gives rise to any liability or recrimination for a breach of 152
privilege or confidence.153

       (I)(J) Whoever violates division (A) or (B) of this section 154
is guilty of failure to report a crime. Violation of division 155
(A)(1) of this section is a misdemeanor of the fourth degree. 156
Violation of division (A)(2) or (B) of this section is a 157
misdemeanor of the second degree.158

       (J)(K)(1) Whoever violates division (C)(1) or (D) of this 159
section is guilty of failure to report knowledge of a death, a 160
misdemeanor of the fourth degree.161

       (K)(2) Whoever violates division (C)(2) of this section is 162
guilty of failure to report knowledge of a child's death, a felony 163
of the fourth degree.164

        (L)(1) Whoever negligently violates division (E) of this 165
section is guilty of a minor misdemeanor.166

       (2) Whoever knowingly violates division (E) of this section 167
is guilty of a misdemeanor of the second degree.168

       (M) Whoever violates division (G) of this section is guilty 169
of failure to report knowledge of a missing child, a felony of the 170
fourth degree.171

       Section 2. That existing section 2921.22 of the Revised Code 172
is hereby repealed.173