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Section 111.46 | Inclusion in Ohio law enforcement gateway.

Ohio Revised Code
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Title 1 State Government
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Chapter 111 Secretary of State
 
You are viewing a past version of this section that is no longer in effect View Current Version
Effective:
September 8, 2016
Legislation:
House Bill 359 - 131st General Assembly
PDF:
Download Authenticated PDF
 

(A) The secretary of state shall make available to the attorney general, for inclusion into the Ohio law enforcement gateway, the name, telephone number, and confidential address of each program participant. Access to information in the gateway regarding an address confidentiality program participant may only be granted to chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals.

A city director of law or similar chief legal officer who requires access to a program participant's confidential address or telephone number for a legitimate governmental purpose may petition the court of common pleas of Franklin county to order the secretary of state to make that confidential address or telephone number available to the petitioner.

(B) Upon the filing of a petition under this section, the court shall fix a date for a hearing on it and shall require the clerk of the court to serve a notice of the date, time, place, and purpose of the hearing upon the petitioner. The clerk also shall serve that notice upon the secretary of state so that the secretary of state may send the notice to the program participant in accordance with division (C) of this section.

(C) Upon receiving a notice under division (B) of this section, the secretary of state immediately shall send a copy of the notice to the program participant by certified mail, return receipt requested.

(D) At a hearing under this section, the petitioner shall appear, and the program participant or the program participant's attorney may appear and be heard. After the hearing and considering the testimony, the court shall issue the requested order only if it appears to the court by clear and convincing evidence that the disclosure of the program participant's confidential address or telephone number to the petitioner is necessary for a legitimate governmental purpose.

(E) Upon request by a city director of law or similar chief legal officer, who intends to petition the court for access to an individual's address or telephone number under this section, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant.

Available Versions of this Section