Ohio Law Enforcement – recently the Ohio Legislature updated some statutes that will have direct impact on what you do. Below are excerpts from those statutes, effective dates and my analyses.
Senate Bill 284 Effective March 24, 2021
O.R.C. §149.43 Availability of public records for inspection and copying.
(A) As used in this section:
(1) “Public record” means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school pursuant to section 3313.533 of the Revised Code. “Public record” does not mean any of the following:
(mm) Telephone numbers for a victim, as defined in §2930.01 of the Revised Code, a witness to a crime, or a party to a motor vehicle accident subject to the requirements of §5502.11 of the Revised Code that are listed on any law enforcement record or report, other than when requested by an insurer or insurance agent investigating an insurance claim resulting from a motor vehicle accident.
Objectively Reasonable:
- Telephone numbers for crime victims or anyone involved in a motor vehicle accident have to be redacted prior to the record being released. The exception is that an insurance agent who is investigating a claim involving ‘this’ accident may receive the phone number.
Senate Bill 175 Effective April 6, 2021
O.R.C. § 2901.09 No Duty to Retreat in Residence or Vehicle
(A) As used in this section, “residence” has the same meaning as in section § 2901.05 of the Revised Code.
(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.
(C) A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
Objectively Reasonable:
- Under §2901.09 (A) it references §2901.05 which is commonly known as the Castle Doctrine. The Castle Doctrine permits the occupant of a residence or vehicle to protect himself/herself, §2901.05 (B)(2) states “[A] person is presumed to have acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.”.
- The revision found in 2901.09 now permits the standard of the Castle Doctrine to be applied to place outside of a residence or vehicle, specifically stating “[I]f that person is in a place in which the person lawfully has a right to be.” See section B above.
House Bill 1 Effective April 12, 2021 Amended as House Bill 8 May 17, 2021
O.R.C. § 2901.10 Restraining or confining pregnant women.
(A) As used in this section:
(4) “Restrain” means to use any shackles, handcuffs, or other physical restraint.
(7) “Emergency circumstance” means a sudden, urgent, unexpected incident or occurrence that requires an immediate reaction and restraint of the charged or convicted criminal offender who is pregnant for an emergency situation faced by a law enforcement, court, or corrections official.
(B) Except as otherwise provided in division (C) of this section, no law enforcement, court, or corrections official, with knowledge that the woman is pregnant or was pregnant, shall knowingly restrain or confine a woman who is a charged or convicted criminal offender during any of the following periods of time:
(1) If the woman is pregnant, at any time during her pregnancy;
(2) If the woman is pregnant, during transport to a hospital, during labor, or during delivery;
(3) If the woman was pregnant, during any period of postpartum recovery up to six weeks after the woman’s pregnancy.
(C)(1) Except as otherwise provided in division (D) of this section, a law enforcement, court, or corrections official may restrain or confine a woman who is a charged or convicted criminal offender during a period of time specified in division (B) of this section if all of the following apply:
(a) The official determines that the woman presents a serious threat of physical harm to herself, to the official, to other law enforcement or court personnel, or to any other person, presents a serious threat of physical harm to property, presents a substantial security risk, or presents a substantial flight risk.
(b)(i) Except as otherwise provided in division (C)(1)(b)(ii) of this section, prior to restraining or confining the woman, the official contacts a health care professional who is treating the woman and notifies the professional that the official wishes to restrain or confine the woman and identifies the type of restraint and the expected duration of its use or communicates the expected duration of confinement.
(ii) The official is not required to contact a health care professional who is treating the woman prior to restraining the woman in accordance with division (D) of this section if an emergency circumstance exists. The use of restraint in an emergency circumstance shall be in accordance with division (D) of this section. Once the woman is restrained, the official shall contact a health care professional who is treating the woman and identify the type of restraint and the expected duration of its use.
(D) A law enforcement, court, or corrections official who restrains a woman who is a charged or convicted criminal offender during a period of time specified in division (B) of this section under authority of division (C) of this section shall not use any leg, ankle, or waist restraint to restrain the woman.
(E)(1) If a law enforcement, court, or corrections official restrains or confines a woman who is a charged or convicted criminal offender during a period of time specified in division (B) of this section under authority of division (C) of this section, the official shall remove the restraint or cease confinement if, at any time while the restraint is in use or the woman is in confinement, a health care professional who is treating the woman provides a notice to the official or to the official’s employing agency or court stating that the restraint or confinement poses a risk of physical harm to the woman or to the woman’s unborn child.
(2) A law enforcement, court, or corrections official shall not restrain or confine a woman who is a charged or convicted criminal offender during a period of time specified in division (B) of this section if, prior to the use of the restraint or confinement, a health care professional who is treating the woman provides a notice to the official or to the official’s employing agency or court stating that any restraint or confinement of the woman during a period of time specified in division (B) of this section poses a risk of physical harm to the woman or to the woman’s unborn child. A notice provided as described in this division applies throughout all periods of time specified in division (B) of this section that occur after the provision of the notice.
(F)(1) Whoever violates division (B) of this section is guilty of interfering with civil rights in violation of division (B) of §2921.45 of the Revised Code.
(2) A woman who is restrained or confined in violation of division (B) of this section may commence a civil action under §2307.60 of the Revised Code against the law enforcement, court, or corrections official who committed the violation, against the official’s employing agency or court, or against both the official and the official’s employing agency or court. In the action, in addition to the full damages specified in §2307.60 of the Revised Code, the woman may recover punitive damages, the costs of maintaining the action and reasonable attorney’s fees, or both punitive damages and the costs of maintaining the action and reasonable attorney’s fees.
House Bill 1 Effective April 12, 2021 Amended as House Bill 8 May 17, 2021
O.R.C. §2921.45 | Interfering with Civil Rights.
(A) No public servant, under color of the public servant’s office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
(C) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
Objectively Reasonable:
- The aforementioned §2901.10 is mirrored in §2152.75 for any pregnant female who is under eighteen.
- If an officer arrests a pregnant, or post-partum female up to six weeks post birth, adult or juvenile, the officer cannot handcuff her. Unless, as it states in §2901.10 (C)(1)(a) The official determines that the woman presents a serious threat of physical harm to herself, to the official, to other law enforcement or court personnel, or to any other person, presents a serious threat of physical harm to property, presents a substantial security risk, or presents a substantial flight risk. Therefore, if the pregnant or post-partum female is combative the officer may handcuff her. If an officer handcuffs the female, §2901.10 (C)(1)(b)(ii) states, Once the woman is restrained, the official shall contact a health care professional who is treating the woman and identify the type of restraint and the expected duration of its use. An officer must make reasonable attempts to contact the female’s health care professional.
- Under §2901.10 (D) it states in pertinent part A law enforcement, court, or corrections official who restrains a woman who is a charged or convicted criminal offender during a period of time specified in division (B) of this section under authority of division (C) of this section shall not use any leg, ankle, or waist restraint to restrain the woman. Therefore, law enforcement is prohibited to use any leg restraints without exception.
- If an officer violates §2901.10 or §2152.75, the officer can be criminally charged with §2921.45 Interfering with Civil Rights which is a first-degree misdemeanor.
House Bill 33 Effective April 12, 2021
O.R.C. §959.08 Reporting of violation involving a companion animal by officers, dog wardens.
No officer, dog warden, or deputy dog warden operating in an official or professional capacity, shall fail to immediately report a violation involving a companion animal to an appropriate social service professional when all of the following apply:
(A) The officer, dog warden, or deputy dog warden has knowledge or reasonable cause to suspect that a violation involving a companion animal has occurred or is occurring;
(B) The officer, dog warden, or deputy dog warden has knowledge or reasonable cause to suspect that a child or older adult resides with the alleged violator;
(C) The officer, dog warden, or deputy dog warden suspects that the violation involving a companion animal may have an impact on the child or older adult residing with the alleged violator.
Objectively Reasonable:
- Law enforcement must report the following to a social services professional if a companion animal is neglected – to include leaving the dog in inclement weather, abused, malnourish, killed, poisoned, tortured, mutilated, intentionally fight the dog with other animals, or have sexual conduct with the companion animal.
- The requirements of what should be in the report are found in 959.09.
House Bill 33 Effective April 12, 2021
O.R.C. §959.09 Manner of reporting violation; immunity; false reports.
(A)(1) Except as otherwise provided in division (A)(2) of this section, a person required to make a report under §959.07 or §959.08 of the Revised Code may do so orally or in writing and shall include all of the following in the report:
(a) If known, the name and description of the companion animal involved;
(b) The address and telephone number of the owner or other person responsible for care of the companion animal, if known;
(c) The nature and extent of the suspected abuse;
(d) Any other information that the person making the report believes may be useful in establishing the existence of the suspected violation involving a companion animal or the identity of the person causing the violation involving a companion animal.
(2) An officer, dog warden, or deputy dog warden required to make a report under section 959.08 of the Revised Code may exclude any information from the report that is confidential or that the officer, dog warden, or deputy dog warden reasonably believes could jeopardize a pending criminal investigation.
(B) A person required to make a report under §959.07 or §959.08 of the Revised Code is immune from civil or criminal liability in connection with making that report if the person acted in good faith when making the report.
(C) No person required to make a report under §959.07 or §959.08 of the Revised Code shall knowingly make a false report.
(D)(1) A court shall award reasonable attorney’s fees and costs to the prevailing party in any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under §959.07 or §959.08 of the Revised Code was not in good faith.
(2) A court may award reasonable attorney’s fees and costs to the party against whom a civil action or proceeding is brought in which it is alleged that participation in the making of a report under §959.07 or §959.08 of the Revised Code was not in good faith if the action or proceeding is voluntarily dismissed.
Senate Bill 140 Effective April 12, 2021
O.R.C. §2923.12 | Carrying concealed weapons.
(A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
(2) A handgun other than a dangerous ordnance;
(H) For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
Objectively Reasonable:
1. This revision inhibits law enforcement for charging a person for carrying a concealed knife. The exception to this new law is if the knife was being used as a weapon. If an officer responds to a disturbance and establishes probable cause that a suspect had used or attempted to use a knife as a weapon and in that moment had the knife concealed, then the suspect could be charged with 2923.12 (A)(2).
House Bill 129 Effective May 22, 2021
O.R.C. §4511.84 | Earphones or earplugs on operator prohibited.
(B) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
(C) This section does not apply to:
(6) Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
Objectively Reasonable:
- Any licensed motorcycle operator can wear earphones or earplugs for hearing protection while operating a motorcycle.