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Synopsis of Committee Amendments

Legislative Service Commission

Sub. H.B. 316
125th General Assembly
(S. Judiciary)

Modified the provisions in the House-passed version of the bill, which pertain to a grant of qualified immunity for specified local officials and government entities regarding injuries related to a work detail, by:  (1) removing from the coverage of the provisions work details administered by community-based correctional facilities and halfway house facilities and the officers of such facilities, (2) specifying that the provisions apply only when all the prisoners or offenders on the work detail are imprisoned for an offense other than a felony of the first or second degree (instead of for an offense other than an offense of violence, as under the House-passed version), (3) removing from the provisions the requirement that advance notice of a work detail within the coverage of the provisions, and the particulars of the work detail, must be given to specified municipal and township officials, (4) removing from the provisions the requirements that, in order to qualify for the immunity, the local correctional officers must determine that each prisoner on the detail is mentally capable of volunteering for it and is not subject to duress or under undue influence and must obtain a written waiver containing specified information from each prisoner on the detail, and (5) clarifying the application of the provisions to townships in which a work detail works (R.C. 341.27 and 753.06).
Added to the House-passed version of the bill provisions that specify that any radio broadcast station, television broadcast station, or cable television system participating in the statewide emergency alert program (i.e., the "AMBER Alert Program") or in any local or regional emergency alert program, and any director, officer, employee, or agent of any such station or system, is not liable to any person for damages for any loss allegedly caused by or resulting from the station's or system's broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the statewide emergency alert program or the local or regional emergency alert program (R.C. 5502.52).

H0316-125.doc/ss                                                                                                           11/17/04