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Open Book

Legislative Update

SUBSTUTE HOUSE BILL 8, 132ND General Assembly: Amended R.C. 149.43 to include a subsection now numbered (A)(1)(gg) which excludes from the definition of “public record” the name, address, contact information, or other personal information of an individual who is less than 18 years of age that is included in any record related to a traffic accident involving a school vehicle in which the individual was an occupant at the time of the accident.  The enactment also provides for the specific exclusion from the definition of public record of certain protected health care information as defined in 45 C.F.R. 160.103. R.C. 149.43(A)(1)(hh).  
SUBSTITUTE HOUSE BILL 139, 132ND General Assembly: Amended R.C. 149.43 by the inclusion which now follows subsection (A)(1)(mm) of a provision indicating that any record that is not a public record under division (A)(1) of R.C. 149.43, and that, under law, is permanently retained, becomes a public record on the day that is 75 years after the day the record was created. Exceptions to the provision include any record protected by the attorney-client privilege; a trial preparation record as defined in R.C. 149.43; certain adoption records under R.C. Chapter 3107; and security and infrastructure records under R.C. 149.433. 
SUBSTITUTE HOUSE BILL 341, 132ND General Assembly: The bill amended R.C. 149.43(A)(1)(p) to substitute reference to an exclusion from the definition of public record of “designated public service worker residential and familial information” for previous more diverse language. The phrase “designated public service worker” is defined at R.C. 149.43(A)(7) as a “peace officer, parole officer, probation officer, bailiff, prosecuting attorney, assistant prosecuting attorney, correctional employee, community-based correctional facility employee, youth services employee, firefighter, EMT, investigator of the bureau of criminal identification and investigation, judge, magistrate, or federal law enforcement officer.” R.C. 149.43(A)(8)(a) through (g) defines “designated public service residential and familial information.”  
SUBSTITUTE HOUSE BILL 425, 132ND General Assembly: Amended R.C. 149.43 to include a definition of “body-worn camera” as a visual and audio recording device worn by a peace officer while in the performance of the officer’s duties (R.C. 149.43[A][15]), and a “dashboard camera” as a visual and audio recording device mounted on a peace officer’s vehicle or vessel that is used while the peace officer is performing the officer’s duties (R.C. 149.43[A][16]). The enactment adds as an exception to the definition of “public record” any “restricted portions of a body-worn camera or dashboard camera recording” (149.43[A][1][jj]) which are identified, under the bill, at 149.43(A)(17)(a) through (q). 
SUBSTITUTE HOUSE BILL 451, 132ND General Assembly: Amended R.C. 149.43 to insert subsection 149.43(A)(1)(ii) which excludes from the definition of “public record” any depiction, by photograph, film, videotape, or printed or digital image when the depiction is that of a victim of an offense the release of which would be, to a person of ordinary sensibilities, an offense and objectionable intrusion into the victim’s expectation of bodily privacy and integrity, or the depiction captures or depicts the victim of a sexually oriented offense, as defined in Section 2950.07 of the Ohio Revised Code at the actual occurrence of that offense.
AMENDED SUBSTITUTE HOUSE BILL 166, 133RD General Assembly: Adds R.C. 149.43(A)(1)(mm) which excludes from the definition of public record the telephone numbers of any victim (as defined by R.C. 2930.01) of a crime, a witness to a crime, or a party to a motor vehicle accident which is subject to the requirements of R.C. 5501.11 (this section requires that within five days of an accident involving a fatality, personal injury, or property damage in excess of $1,000 a report of the accident be filed with the Director of Public Safety) that are listed in any law enforcement record or report. The enactment also inserts R.C. 149.43(A)(1)(kk) which excludes from the definition of public record  certain material presented to a fetal-infant mortality board acting under R.C. 3707.70 to 3707.77; and R.C. 149.43(A)(1)(ll) which similarly excludes certain material submitted to a pregnancy-associated mortality review board established under R.C. 3738.01.