Legislation
State: Ohio
Signed: January 03, 2023
Effective: April 04, 2023
Summary
Senate Bill 288 turns the broad duty of a Notary Public as a mandated reporter of adult abuse, neglect, and exploitation into a prohibition for a Notary to knowingly fail to report such abuse, neglect, or exploitation and classifies a violation as a misdemeanor of the fourth degree.
Affects
Amends Ohio Revised Code Sections 5101.63(A)(1) and 5101.99(A).
Changes
- Prohibits a Notary Public who has reasonable cause to believe that an adult is being abused, neglected, or exploited or is in a condition which is the result of abuse, neglect, or exploitation from knowingly failing to immediately report such belief to the county department of job and family services.
- Repeals the fine of $500 for a Notary failing to report abuse, neglect, or exploitation of an adult.
- Makes a violation of the prohibition to knowingly fail to report the reasonable belief of the abuse, neglect, or exploitation of an adult, or a condition which is the result of abuse, neglect, or exploitation a misdemeanor of the fourth degree.
AnalysisIn 2017, the Ohio General Assembly enacted House Bill 49, making Notaries mandated reporters of the abuse, neglect, or exploitation of an adult. Notaries are listed along with over 30 other professionals as having this responsibility. Under that law, a Notary had a duty to report any reasonable belief that an adult was being abused or was in a condition resulting from abuse. The duty was very broad and a failure to do so carried a fine of $500. If the Notary had a reasonable belief, the Notary had a duty to report. Senate Bill 288 now turns this duty into a prohibition against knowingly failing to report abuse, removes the $500 fine, but now classifies a violation as a misdemeanor of the fourth degree. For a misdemeanor of the fourth degree, a violator may be imprisoned for a maximum 30 days and fined a maximum $250.
Read Senate Bill 288.