As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 144

Senator Seitz

A BILL

To amend sections 109.57, 109.572, 109.578, 311.171,

1923.02, 2151.23, 2151.357, 2152.02, 2152.14,

2152.191, 2152.22, 2152.82, 2152.83, 2152.831,

2152.84, 2152.85, 2152.851, 2901.07, 2907.02,

2929.01, 2929.13, 2929.19, 2929.23, 2950.01,

2950.011, 2950.02, 2950.03, 2950.031, 2950.032,

2950.033, 2950.034, 2950.04, 2950.041, 2950.043,

2950.05, 2950.06, 2950.07, 2950.081, 2950.10,

2950.11, 2950.13, 2950.131, 2950.14, 2950.15,

2950.99, 2971.03, 2971.05, 5321.03, and 5321.051,

to enact sections 2950.09 and 2950.091, and to

repeal section 2152.86 of the Revised Code to

adjust the provisions of the Sex Offender

Registration and Notification Law to reflect

decisions of the Ohio Supreme Court in Hyle v.

Porter (2008), 117 Ohio St.3d 165; State v. Bodyke

(2010), 126 Ohio St.3d 266; State v. Williams

(2011), 129 Ohio St.3d 344; In re C.P. (2012),

Slip Opinion No. 2012-Ohio-1446, State ex rel.

Jean-Baptiste v. Kirsch (2012), Slip Opinion No.

2012-Ohio-5697, and State v. Howard (2012), Slip

Opinion No. 2012-Ohio-5738; to clarify juvenile

court jurisdiction in serious youthful offender

proceedings; and to amend the versions of sections

109.57, 2950.11, and 2950.13 of the Revised Code

that are scheduled to take effect on January 1,

2014, to continue the provisions of this act on

and after that effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.57, 109.572, 109.578, 311.171,	29
1923.02, 2151.23, 2151.357, 2152.02, 2152.14, 2152.191, 2152.22,	30
2152.82, 2152.83, 2152.831, 2152.84, 2152.85, 2152.851, 2901.07,	31
2907.02, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01, 2950.011,	32
2950.02, 2950.03, 2950.031, 2950.032, 2950.033, 2950.034, 2950.04,	33
2950.041, 2950.043, 2950.05, 2950.06, 2950.07, 2950.081, 2950.10,	34
2950.11, 2950.13, 2950.131, 2950.14, 2950.15, 2950.99, 2971.03,	35
2971.05, 5321.03, and 5321.051 be amended and sections 2950.09 and	36
2950.091 of the Revised Code be enacted to read as follows:	37

Sec. 109.57. (A)(1) The superintendent of the bureau of	38
criminal identification and investigation shall procure from	39
wherever procurable and file for record photographs, pictures,	40
descriptions, fingerprints, measurements, and other information	41
that may be pertinent of all persons who have been convicted of	42
committing within this state a felony, any crime constituting a	43
misdemeanor on the first offense and a felony on subsequent	44
offenses, or any misdemeanor described in division (A)(1)(a),	45
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	46
all children under eighteen years of age who have been adjudicated	47
delinquent children for committing within this state an act that	48
would be a felony or an offense of violence if committed by an	49
adult or who have been convicted of or pleaded guilty to	50
committing within this state a felony or an offense of violence,	51
and of all well-known and habitual criminals. The person in charge	52
of any county, multicounty, municipal, municipal-county, or	53
multicounty-municipal jail or workhouse, community-based	54
correctional facility, halfway house, alternative residential	55
facility, or state correctional institution and the person in	56
charge of any state institution having custody of a person	57
suspected of having committed a felony, any crime constituting a	58
misdemeanor on the first offense and a felony on subsequent	59
offenses, or any misdemeanor described in division (A)(1)(a),	60
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	61
having custody of a child under eighteen years of age with respect	62
to whom there is probable cause to believe that the child may have	63
committed an act that would be a felony or an offense of violence	64
if committed by an adult shall furnish such material to the	65
superintendent of the bureau. Fingerprints, photographs, or other	66
descriptive information of a child who is under eighteen years of	67
age, has not been arrested or otherwise taken into custody for	68
committing an act that would be a felony or an offense of violence	69
who is not in any other category of child specified in this	70
division, if committed by an adult, has not been adjudicated a	71
delinquent child for committing an act that would be a felony or	72
an offense of violence if committed by an adult, has not been	73
convicted of or pleaded guilty to committing a felony or an	74
offense of violence, and is not a child with respect to whom there	75
is probable cause to believe that the child may have committed an	76
act that would be a felony or an offense of violence if committed	77
by an adult shall not be procured by the superintendent or	78
furnished by any person in charge of any county, multicounty,	79
municipal, municipal-county, or multicounty-municipal jail or	80
workhouse, community-based correctional facility, halfway house,	81
alternative residential facility, or state correctional	82
institution, except as authorized in section 2151.313 of the	83
Revised Code.	84

(2) Every clerk of a court of record in this state, other	85
than the supreme court or a court of appeals, shall send to the	86
superintendent of the bureau a weekly report containing a summary	87
of each case involving a felony, involving any crime constituting	88
a misdemeanor on the first offense and a felony on subsequent	89
offenses, involving a misdemeanor described in division (A)(1)(a),	90
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	91
involving an adjudication in a case in which a child under	92
eighteen years of age was alleged to be a delinquent child for	93
committing an act that would be a felony or an offense of violence	94
if committed by an adult. The clerk of the court of common pleas	95
shall include in the report and summary the clerk sends under this	96
division all information described in divisions (A)(2)(a) to (f)	97
of this section regarding a case before the court of appeals that	98
is served by that clerk. The summary shall be written on the	99
standard forms furnished by the superintendent pursuant to	100
division (B) of this section and shall include the following	101
information:	102

(a) The incident tracking number contained on the standard	103
forms furnished by the superintendent pursuant to division (B) of	104
this section;	105

(b) The style and number of the case;

106

107

(d) The date that the person was convicted of or pleaded	108
guilty to the offense, adjudicated a delinquent child for	109
committing the act that would be a felony or an offense of	110
violence if committed by an adult, found not guilty of the	111
offense, or found not to be a delinquent child for committing an	112
act that would be a felony or an offense of violence if committed	113
by an adult, the date of an entry dismissing the charge, an entry	114
declaring a mistrial of the offense in which the person is	115
discharged, an entry finding that the person or child is not	116
competent to stand trial, or an entry of a nolle prosequi, or the	117
date of any other determination that constitutes final resolution	118
of the case;	119

(e) A statement of the original charge with the section of	120
the Revised Code that was alleged to be violated;	121

(f) If the person or child was convicted, pleaded guilty, or	122
was adjudicated a delinquent child, the sentence or terms of	123
probation imposed or any other disposition of the offender or the	124
delinquent child.	125

If the offense involved the disarming of a law enforcement	126
officer or an attempt to disarm a law enforcement officer, the	127
clerk shall clearly state that fact in the summary, and the	128
superintendent shall ensure that a clear statement of that fact is	129
placed in the bureau's records.	130

(3) The superintendent shall cooperate with and assist	131
sheriffs, chiefs of police, and other law enforcement officers in	132
the establishment of a complete system of criminal identification	133
and in obtaining fingerprints and other means of identification of	134
all persons arrested on a charge of a felony, any crime	135
constituting a misdemeanor on the first offense and a felony on	136
subsequent offenses, or a misdemeanor described in division	137
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	138
Revised Code and of all children under eighteen years of age	139
arrested or otherwise taken into custody for committing an act	140
that would be a felony or an offense of violence if committed by	141
an adult. The superintendent also shall file for record the	142
fingerprint impressions of all persons confined in a county,	143
multicounty, municipal, municipal-county, or multicounty-municipal	144
jail or workhouse, community-based correctional facility, halfway	145
house, alternative residential facility, or state correctional	146
institution for the violation of state laws and of all children	147
under eighteen years of age who are confined in a county,	148
multicounty, municipal, municipal-county, or multicounty-municipal	149
jail or workhouse, community-based correctional facility, halfway	150
house, alternative residential facility, or state correctional	151
institution or in any facility for delinquent children for	152
committing an act that would be a felony or an offense of violence	153
if committed by an adult, and any other information that the	154
superintendent may receive from law enforcement officials of the	155
state and its political subdivisions.	156

(4) The superintendent shall carry out Chapter 2950. of the	157
Revised Code with respect to the registration of persons who are	158
convicted of or plead guilty to a sexually oriented offense or a	159
child-victim oriented offense and with respect to all other duties	160
imposed on the bureau under that chapter.	161

(5) The bureau shall perform centralized recordkeeping	162
functions for criminal history records and services in this state	163
for purposes of the national crime prevention and privacy compact	164
set forth in section 109.571 of the Revised Code and is the	165
criminal history record repository as defined in that section for	166
purposes of that compact. The superintendent or the	167
superintendent's designee is the compact officer for purposes of	168
that compact and shall carry out the responsibilities of the	169
compact officer specified in that compact.	170

(B) The superintendent shall prepare and furnish to every	171
county, multicounty, municipal, municipal-county, or	172
multicounty-municipal jail or workhouse, community-based	173
correctional facility, halfway house, alternative residential	174
facility, or state correctional institution and to every clerk of	175
a court in this state specified in division (A)(2) of this section	176
standard forms for reporting the information required under	177
division (A) of this section. The standard forms that the	178
superintendent prepares pursuant to this division may be in a	179
tangible format, in an electronic format, or in both tangible	180
formats and electronic formats.	181

(C)(1) The superintendent may operate a center for	182
electronic, automated, or other data processing for the storage	183
and retrieval of information, data, and statistics pertaining to	184
criminals and to children under eighteen years of age who are	185
adjudicated delinquent children for committing an act that would	186
be a felony or an offense of violence if committed by an adult,	187
criminal activity, crime prevention, law enforcement, and criminal	188
justice, and may establish and operate a statewide communications	189
network to be known as the Ohio law enforcement gateway to gather	190
and disseminate information, data, and statistics for the use of	191
law enforcement agencies and for other uses specified in this	192
division. The superintendent may gather, store, retrieve, and	193
disseminate information, data, and statistics that pertain to	194
children who are under eighteen years of age and that are gathered	195
pursuant to sections 109.57 to 109.61 of the Revised Code together	196
with information, data, and statistics that pertain to adults and	197
that are gathered pursuant to those sections.	198

(2) The superintendent or the superintendent's designee shall	199
gather information of the nature described in division (C)(1) of	200
this section that pertains to the offense and delinquency history	201
of a person who has been convicted of, pleaded guilty to, or been	202
adjudicated a delinquent child for committing a sexually oriented	203
offense or a child-victim oriented offense for inclusion in the	204
state registry of sex offenders and child-victim offenders	205
maintained pursuant to division (A)(1) of section 2950.13 of the	206
Revised Code and in the internet database operated pursuant to	207
division (A)(13) of that section and for possible inclusion in the	208
internet database operated pursuant to division (A)(11) of that	209
section.	210

(3) In addition to any other authorized use of information,	211
data, and statistics of the nature described in division (C)(1) of	212
this section, the superintendent or the superintendent's designee	213
may provide and exchange the information, data, and statistics	214
pursuant to the national crime prevention and privacy compact as	215
described in division (A)(5) of this section.	216

(4) The attorney general may adopt rules under Chapter 119.	217
of the Revised Code establishing guidelines for the operation of	218
and participation in the Ohio law enforcement gateway. The rules	219
may include criteria for granting and restricting access to	220
information gathered and disseminated through the Ohio law	221
enforcement gateway. The attorney general shall permit the state	222
medical board and board of nursing to access and view, but not	223
alter, information gathered and disseminated through the Ohio law	224
enforcement gateway.	225

The attorney general may appoint a steering committee to	226
advise the attorney general in the operation of the Ohio law	227
enforcement gateway that is comprised of persons who are	228
representatives of the criminal justice agencies in this state	229
that use the Ohio law enforcement gateway and is chaired by the	230
superintendent or the superintendent's designee.	231

(D)(1) The following are not public records under section	232
149.43 of the Revised Code:	233

(a) Information and materials furnished to the superintendent	234
pursuant to division (A) of this section;	235

(b) Information, data, and statistics gathered or	236
disseminated through the Ohio law enforcement gateway pursuant to	237
division (C)(1) of this section;	238

(c) Information and materials furnished to any board or	239
person under division (F) or (G) of this section.	240

(2) The superintendent or the superintendent's designee shall	241
gather and retain information so furnished under division (A) of	242
this section that pertains to the offense and delinquency history	243
of a person who has been convicted of, pleaded guilty to, or been	244
adjudicated a delinquent child for committing a sexually oriented	245
offense or a child-victim oriented offense for the purposes	246
described in division (C)(2) of this section.	247

(E)(1) The attorney general shall adopt rules, in accordance	248
with Chapter 119. of the Revised Code and subject to division	249
(E)(2) of this section, setting forth the procedure by which a	250
person may receive or release information gathered by the	251
superintendent pursuant to division (A) of this section. A	252
reasonable fee may be charged for this service. If a temporary	253
employment service submits a request for a determination of	254
whether a person the service plans to refer to an employment	255
position has been convicted of or pleaded guilty to an offense	256
listed or described in division (A)(1), (2), or (3) of section	257
109.572 of the Revised Code, the request shall be treated as a	258
single request and only one fee shall be charged.	259

(2) Except as otherwise provided in this division, a rule	260
adopted under division (E)(1) of this section may provide only for	261
the release of information gathered pursuant to division (A) of	262
this section that relates to the conviction of a person, or a	263
person's plea of guilty to, a criminal offense. The superintendent	264
shall not release, and the attorney general shall not adopt any	265
rule under division (E)(1) of this section that permits the	266
release of, any information gathered pursuant to division (A) of	267
this section that relates to an adjudication of a child as a	268
delinquent child, or that relates to a criminal conviction of a	269
person under eighteen years of age if the person's case was	270
transferred back to a juvenile court under division (B)(2) or (3)	271
of section 2152.121 of the Revised Code and the juvenile court	272
imposed a disposition or serious youthful offender disposition	273
upon the person under either division, unless either of the	274
following applies with respect to the adjudication or conviction:	275

(a) The adjudication or conviction was for a violation of	276
section 2903.01 or 2903.02 of the Revised Code.	277

(b) The adjudication or conviction was for a sexually	278
oriented offense, the juvenile court was required to classify the	279
child a juvenile offender registrant for that offense under	280
section 2152.82,or 2152.83~~, or 2152.86~~ of the Revised Code, and	281
that classification has not been removed.	282

(F)(1) As used in division (F)(2) of this section, "head	283
start agency" means an entity in this state that has been approved	284
to be an agency for purposes of subchapter II of the "Community	285
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	286
as amended.	287

(2)(a) In addition to or in conjunction with any request that	288
is required to be made under section 109.572, 2151.86, 3301.32,	289
3301.541, division (C) of section 3310.58, or section 3319.39,	290
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	291
5153.111 of the Revised Code or that is made under section	292
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	293
board of education of any school district; the director of	294
developmental disabilities; any county board of developmental	295
disabilities; any provider or subcontractor as defined in section	296
5123.081 of the Revised Code; the chief administrator of any	297
chartered nonpublic school; the chief administrator of a	298
registered private provider that is not also a chartered nonpublic	299
school; the chief administrator of any home health agency; the	300
chief administrator of or person operating any child day-care	301
center, type A family day-care home, or type B family day-care	302
home licensed or certified under Chapter 5104. of the Revised	303
Code; the administrator of any type C family day-care home	304
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	305
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	306
general assembly; the chief administrator of any head start	307
agency; the executive director of a public children services	308
agency; a private company described in section 3314.41, 3319.392,	309
3326.25, or 3328.20 of the Revised Code; or an employer described	310
in division (J)(2) of section 3327.10 of the Revised Code may	311
request that the superintendent of the bureau investigate and	312
determine, with respect to any individual who has applied for	313
employment in any position after October 2, 1989, or any	314
individual wishing to apply for employment with a board of	315
education may request, with regard to the individual, whether the	316
bureau has any information gathered under division (A) of this	317
section that pertains to that individual. On receipt of the	318
request, subject to division (E)(2) of this section, the	319
superintendent shall determine whether that information exists	320
and, upon request of the person, board, or entity requesting	321
information, also shall request from the federal bureau of	322
investigation any criminal records it has pertaining to that	323
individual. The superintendent or the superintendent's designee	324
also may request criminal history records from other states or the	325
federal government pursuant to the national crime prevention and	326
privacy compact set forth in section 109.571 of the Revised Code.	327
Within thirty days of the date that the superintendent receives a	328
request, subject to division (E)(2) of this section, the	329
superintendent shall send to the board, entity, or person a report	330
of any information that the superintendent determines exists,	331
including information contained in records that have been sealed	332
under section 2953.32 of the Revised Code, and, within thirty days	333
of its receipt, subject to division (E)(2) of this section, shall	334
send the board, entity, or person a report of any information	335
received from the federal bureau of investigation, other than	336
information the dissemination of which is prohibited by federal	337
law.	338

(b) When a board of education or a registered private	339
provider is required to receive information under this section as	340
a prerequisite to employment of an individual pursuant to division	341
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	342
may accept a certified copy of records that were issued by the	343
bureau of criminal identification and investigation and that are	344
presented by an individual applying for employment with the	345
district in lieu of requesting that information itself. In such a	346
case, the board shall accept the certified copy issued by the	347
bureau in order to make a photocopy of it for that individual's	348
employment application documents and shall return the certified	349
copy to the individual. In a case of that nature, a district or	350
provider only shall accept a certified copy of records of that	351
nature within one year after the date of their issuance by the	352
bureau.	353

(c) Notwithstanding division (F)(2)(a) of this section, in	354
the case of a request under section 3319.39, 3319.391, or 3327.10	355
of the Revised Code only for criminal records maintained by the	356
federal bureau of investigation, the superintendent shall not	357
determine whether any information gathered under division (A) of	358
this section exists on the person for whom the request is made.	359

(3) The state board of education may request, with respect to	360
any individual who has applied for employment after October 2,	361
1989, in any position with the state board or the department of	362
education, any information that a school district board of	363
education is authorized to request under division (F)(2) of this	364
section, and the superintendent of the bureau shall proceed as if	365
the request has been received from a school district board of	366
education under division (F)(2) of this section.	367

(4) When the superintendent of the bureau receives a request	368
for information under section 3319.291 of the Revised Code, the	369
superintendent shall proceed as if the request has been received	370
from a school district board of education and shall comply with	371
divisions (F)(2)(a) and (c) of this section.	372

(5) When a recipient of a classroom reading improvement grant	373
paid under section 3301.86 of the Revised Code requests, with	374
respect to any individual who applies to participate in providing	375
any program or service funded in whole or in part by the grant,	376
the information that a school district board of education is	377
authorized to request under division (F)(2)(a) of this section,	378
the superintendent of the bureau shall proceed as if the request	379
has been received from a school district board of education under	380
division (F)(2)(a) of this section.	381

(G) In addition to or in conjunction with any request that is	382
required to be made under section 3701.881, 3712.09, or 3721.121	383
of the Revised Code with respect to an individual who has applied	384
for employment in a position that involves providing direct care	385
to an older adult or adult resident, the chief administrator of a	386
home health agency, hospice care program, home licensed under	387
Chapter 3721. of the Revised Code, or adult day-care program	388
operated pursuant to rules adopted under section 3721.04 of the	389
Revised Code may request that the superintendent of the bureau	390
investigate and determine, with respect to any individual who has	391
applied after January 27, 1997, for employment in a position that	392
does not involve providing direct care to an older adult or adult	393
resident, whether the bureau has any information gathered under	394
division (A) of this section that pertains to that individual.	395

In addition to or in conjunction with any request that is	396
required to be made under section 173.27 of the Revised Code with	397
respect to an individual who has applied for employment in a	398
position that involves providing ombudsperson services to	399
residents of long-term care facilities or recipients of	400
community-based long-term care services, the state long-term care	401
ombudsperson, ombudsperson's designee, or director of health may	402
request that the superintendent investigate and determine, with	403
respect to any individual who has applied for employment in a	404
position that does not involve providing such ombudsperson	405
services, whether the bureau has any information gathered under	406
division (A) of this section that pertains to that applicant.	407

In addition to or in conjunction with any request that is	408
required to be made under section 173.394 of the Revised Code with	409
respect to an individual who has applied for employment in a	410
position that involves providing direct care to an individual, the	411
chief administrator of a community-based long-term care agency may	412
request that the superintendent investigate and determine, with	413
respect to any individual who has applied for employment in a	414
position that does not involve providing direct care, whether the	415
bureau has any information gathered under division (A) of this	416
section that pertains to that applicant.	417

In addition to or in conjunction with any request that is	418
required to be made under section 3712.09 of the Revised Code with	419
respect to an individual who has applied for employment in a	420
position that involves providing direct care to a pediatric	421
respite care patient, the chief administrator of a pediatric	422
respite care program may request that the superintendent of the	423
bureau investigate and determine, with respect to any individual	424
who has applied for employment in a position that does not involve	425
providing direct care to a pediatric respite care patient, whether	426
the bureau has any information gathered under division (A) of this	427
section that pertains to that individual.	428

On receipt of a request under this division, the	429
superintendent shall determine whether that information exists	430
and, on request of the individual requesting information, shall	431
also request from the federal bureau of investigation any criminal	432
records it has pertaining to the applicant. The superintendent or	433
the superintendent's designee also may request criminal history	434
records from other states or the federal government pursuant to	435
the national crime prevention and privacy compact set forth in	436
section 109.571 of the Revised Code. Within thirty days of the	437
date a request is received, subject to division (E)(2) of this	438
section, the superintendent shall send to the requester a report	439
of any information determined to exist, including information	440
contained in records that have been sealed under section 2953.32	441
of the Revised Code, and, within thirty days of its receipt, shall	442
send the requester a report of any information received from the	443
federal bureau of investigation, other than information the	444
dissemination of which is prohibited by federal law.	445

(H) Information obtained by a government entity or person	446
under this section is confidential and shall not be released or	447
disseminated.	448

(I) The superintendent may charge a reasonable fee for	449
providing information or criminal records under division (F)(2) or	450
(G) of this section.	451

(J) As used in this section:

452

(1) "Pediatric respite care program" and "pediatric respite	453
care patient" have the same meanings as in section 3712.01 of the	454
Revised Code.	455

(2) "Sexually oriented offense" and "child-victim oriented	456
offense" have the same meanings as in section 2950.01 of the	457
Revised Code.	458

(3) "Registered private provider" means a nonpublic school or	459
entity registered with the superintendent of public instruction	460
under section 3310.41 of the Revised Code to participate in the	461
autism scholarship program or section 3310.58 of the Revised Code	462
to participate in the Jon Peterson special needs scholarship	463
program.	464

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	465
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	466
a completed form prescribed pursuant to division (C)(1) of this	467
section, and a set of fingerprint impressions obtained in the	468
manner described in division (C)(2) of this section, the	469
superintendent of the bureau of criminal identification and	470
investigation shall conduct a criminal records check in the manner	471
described in division (B) of this section to determine whether any	472
information exists that indicates that the person who is the	473
subject of the request previously has been convicted of or pleaded	474
guilty to any of the following:	475

(a) A violation of section 2903.01, 2903.02, 2903.03,	476
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	477
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	478
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	479
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	480
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	481
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	482
2925.06, or 3716.11 of the Revised Code, felonious sexual	483
penetration in violation of former section 2907.12 of the Revised	484
Code, a violation of section 2905.04 of the Revised Code as it	485
existed prior to July 1, 1996, a violation of section 2919.23 of	486
the Revised Code that would have been a violation of section	487
2905.04 of the Revised Code as it existed prior to July 1, 1996,	488
had the violation been committed prior to that date, or a	489
violation of section 2925.11 of the Revised Code that is not a	490
minor drug possession offense;	491

(b) A violation of an existing or former law of this state,	492
any other state, or the United States that is substantially	493
equivalent to any of the offenses listed in division (A)(1)(a) of	494
this section;	495

(c) If the request is made pursuant to section 3319.39 of the	496
Revised Code for an applicant who is a teacher, any offense	497
specified in section 3319.31 of the Revised Code.	498

(2) On receipt of a request pursuant to section 3712.09 or	499
3721.121 of the Revised Code, a completed form prescribed pursuant	500
to division (C)(1) of this section, and a set of fingerprint	501
impressions obtained in the manner described in division (C)(2) of	502
this section, the superintendent of the bureau of criminal	503
identification and investigation shall conduct a criminal records	504
check with respect to any person who has applied for employment in	505
a position for which a criminal records check is required by those	506
sections. The superintendent shall conduct the criminal records	507
check in the manner described in division (B) of this section to	508
determine whether any information exists that indicates that the	509
person who is the subject of the request previously has been	510
convicted of or pleaded guilty to any of the following:	511

(a) A violation of section 2903.01, 2903.02, 2903.03,	512
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	513
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	514
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	515
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	516
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	517
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	518
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	519
2925.22, 2925.23, or 3716.11 of the Revised Code;	520

(b) An existing or former law of this state, any other state,	521
or the United States that is substantially equivalent to any of	522
the offenses listed in division (A)(2)(a) of this section.	523

(3) On receipt of a request pursuant to section 173.27,	524
173.394, 3701.881, 5111.032, 5111.033, 5111.034, 5123.081, or	525
5123.169 of the Revised Code, a completed form prescribed pursuant	526
to division (C)(1) of this section, and a set of fingerprint	527
impressions obtained in the manner described in division (C)(2) of	528
this section, the superintendent of the bureau of criminal	529
identification and investigation shall conduct a criminal records	530
check of the person for whom the request is made. The	531
superintendent shall conduct the criminal records check in the	532
manner described in division (B) of this section to determine	533
whether any information exists that indicates that the person who	534
is the subject of the request previously has been convicted of,	535
has pleaded guilty to, or has been found eligible for intervention	536
in lieu of conviction for any of the following, regardless of the	537
date of the conviction, the date of entry of the guilty plea, or	538
the date the person was found eligible for intervention in lieu of	539
conviction:	540

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	541
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	542
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	543
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	544
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	545
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	546
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	547
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	548
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	549
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	550
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	551
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	552
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	553
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	554
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	555
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	556
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	557
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	558
2927.12, or 3716.11 of the Revised Code;	559

(b) Felonious sexual penetration in violation of former	560
section 2907.12 of the Revised Code;	561

(c) A violation of section 2905.04 of the Revised Code as it	562
existed prior to July 1, 1996;	563

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	564
the Revised Code when the underlying offense that is the object of	565
the conspiracy, attempt, or complicity is one of the offenses	566
listed in divisions (A)(3)(a) to (c) of this section;	567

(e) A violation of an existing or former municipal ordinance	568
or law of this state, any other state, or the United States that	569
is substantially equivalent to any of the offenses listed in	570
divisions (A)(3)(a) to (d) of this section.	571

(4) On receipt of a request pursuant to section 2151.86 of	572
the Revised Code, a completed form prescribed pursuant to division	573
(C)(1) of this section, and a set of fingerprint impressions	574
obtained in the manner described in division (C)(2) of this	575
section, the superintendent of the bureau of criminal	576
identification and investigation shall conduct a criminal records	577
check in the manner described in division (B) of this section to	578
determine whether any information exists that indicates that the	579
person who is the subject of the request previously has been	580
convicted of or pleaded guilty to any of the following:	581

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	582
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	583
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	584
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	585
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	586
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	587
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	588
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	589
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	590
of the Revised Code, a violation of section 2905.04 of the Revised	591
Code as it existed prior to July 1, 1996, a violation of section	592
2919.23 of the Revised Code that would have been a violation of	593
section 2905.04 of the Revised Code as it existed prior to July 1,	594
1996, had the violation been committed prior to that date, a	595
violation of section 2925.11 of the Revised Code that is not a	596
minor drug possession offense, two or more OVI or OVUAC violations	597
committed within the three years immediately preceding the	598
submission of the application or petition that is the basis of the	599
request, or felonious sexual penetration in violation of former	600
section 2907.12 of the Revised Code;	601

(b) A violation of an existing or former law of this state,	602
any other state, or the United States that is substantially	603
equivalent to any of the offenses listed in division (A)(4)(a) of	604
this section.	605

(5) Upon receipt of a request pursuant to section 5104.012 or	606
5104.013 of the Revised Code, a completed form prescribed pursuant	607
to division (C)(1) of this section, and a set of fingerprint	608
impressions obtained in the manner described in division (C)(2) of	609
this section, the superintendent of the bureau of criminal	610
identification and investigation shall conduct a criminal records	611
check in the manner described in division (B) of this section to	612
determine whether any information exists that indicates that the	613
person who is the subject of the request has been convicted of or	614
pleaded guilty to any of the following:	615

(a) A violation of section 2903.01, 2903.02, 2903.03,	616
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	617
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	618
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	619
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	620
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	621
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	622
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	623
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	624
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	625
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	626
3716.11 of the Revised Code, felonious sexual penetration in	627
violation of former section 2907.12 of the Revised Code, a	628
violation of section 2905.04 of the Revised Code as it existed	629
prior to July 1, 1996, a violation of section 2919.23 of the	630
Revised Code that would have been a violation of section 2905.04	631
of the Revised Code as it existed prior to July 1, 1996, had the	632
violation been committed prior to that date, a violation of	633
section 2925.11 of the Revised Code that is not a minor drug	634
possession offense, a violation of section 2923.02 or 2923.03 of	635
the Revised Code that relates to a crime specified in this	636
division, or a second violation of section 4511.19 of the Revised	637
Code within five years of the date of application for licensure or	638
certification.	639

(b) A violation of an existing or former law of this state,	640
any other state, or the United States that is substantially	641
equivalent to any of the offenses or violations described in	642
division (A)(5)(a) of this section.	643

(6) Upon receipt of a request pursuant to section 5153.111 of	644
the Revised Code, a completed form prescribed pursuant to division	645
(C)(1) of this section, and a set of fingerprint impressions	646
obtained in the manner described in division (C)(2) of this	647
section, the superintendent of the bureau of criminal	648
identification and investigation shall conduct a criminal records	649
check in the manner described in division (B) of this section to	650
determine whether any information exists that indicates that the	651
person who is the subject of the request previously has been	652
convicted of or pleaded guilty to any of the following:	653

(a) A violation of section 2903.01, 2903.02, 2903.03,	654
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	655
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	656
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	657
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	658
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	659
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	660
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	661
felonious sexual penetration in violation of former section	662
2907.12 of the Revised Code, a violation of section 2905.04 of the	663
Revised Code as it existed prior to July 1, 1996, a violation of	664
section 2919.23 of the Revised Code that would have been a	665
violation of section 2905.04 of the Revised Code as it existed	666
prior to July 1, 1996, had the violation been committed prior to	667
that date, or a violation of section 2925.11 of the Revised Code	668
that is not a minor drug possession offense;	669

(b) A violation of an existing or former law of this state,	670
any other state, or the United States that is substantially	671
equivalent to any of the offenses listed in division (A)(6)(a) of	672
this section.	673

(7) On receipt of a request for a criminal records check from	674
an individual pursuant to section 4749.03 or 4749.06 of the	675
Revised Code, accompanied by a completed copy of the form	676
prescribed in division (C)(1) of this section and a set of	677
fingerprint impressions obtained in a manner described in division	678
(C)(2) of this section, the superintendent of the bureau of	679
criminal identification and investigation shall conduct a criminal	680
records check in the manner described in division (B) of this	681
section to determine whether any information exists indicating	682
that the person who is the subject of the request has been	683
convicted of or pleaded guilty to a felony in this state or in any	684
other state. If the individual indicates that a firearm will be	685
carried in the course of business, the superintendent shall	686
require information from the federal bureau of investigation as	687
described in division (B)(2) of this section. Subject to division	688
(F) of this section, the superintendent shall report the findings	689
of the criminal records check and any information the federal	690
bureau of investigation provides to the director of public safety.	691

(8) On receipt of a request pursuant to section 1321.37,	692
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	693
Code, a completed form prescribed pursuant to division (C)(1) of	694
this section, and a set of fingerprint impressions obtained in the	695
manner described in division (C)(2) of this section, the	696
superintendent of the bureau of criminal identification and	697
investigation shall conduct a criminal records check with respect	698
to any person who has applied for a license, permit, or	699
certification from the department of commerce or a division in the	700
department. The superintendent shall conduct the criminal records	701
check in the manner described in division (B) of this section to	702
determine whether any information exists that indicates that the	703
person who is the subject of the request previously has been	704
convicted of or pleaded guilty to any of the following: a	705
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	706
2925.03 of the Revised Code; any other criminal offense involving	707
theft, receiving stolen property, embezzlement, forgery, fraud,	708
passing bad checks, money laundering, or drug trafficking, or any	709
criminal offense involving money or securities, as set forth in	710
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	711
the Revised Code; or any existing or former law of this state, any	712
other state, or the United States that is substantially equivalent	713
to those offenses.	714

(9) On receipt of a request for a criminal records check from	715
the treasurer of state under section 113.041 of the Revised Code	716
or from an individual under section 4701.08, 4715.101, 4717.061,	717
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	718
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	719
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	720
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	721
4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by	722
a completed form prescribed under division (C)(1) of this section	723
and a set of fingerprint impressions obtained in the manner	724
described in division (C)(2) of this section, the superintendent	725
of the bureau of criminal identification and investigation shall	726
conduct a criminal records check in the manner described in	727
division (B) of this section to determine whether any information	728
exists that indicates that the person who is the subject of the	729
request has been convicted of or pleaded guilty to any criminal	730
offense in this state or any other state. Subject to division (F)	731
of this section, the superintendent shall send the results of a	732
check requested under section 113.041 of the Revised Code to the	733
treasurer of state and shall send the results of a check requested	734
under any of the other listed sections to the licensing board	735
specified by the individual in the request.	736

(10) On receipt of a request pursuant to section 1121.23,	737
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	738
Code, a completed form prescribed pursuant to division (C)(1) of	739
this section, and a set of fingerprint impressions obtained in the	740
manner described in division (C)(2) of this section, the	741
superintendent of the bureau of criminal identification and	742
investigation shall conduct a criminal records check in the manner	743
described in division (B) of this section to determine whether any	744
information exists that indicates that the person who is the	745
subject of the request previously has been convicted of or pleaded	746
guilty to any criminal offense under any existing or former law of	747
this state, any other state, or the United States.	748

(11) On receipt of a request for a criminal records check	749
from an appointing or licensing authority under section 3772.07 of	750
the Revised Code, a completed form prescribed under division	751
(C)(1) of this section, and a set of fingerprint impressions	752
obtained in the manner prescribed in division (C)(2) of this	753
section, the superintendent of the bureau of criminal	754
identification and investigation shall conduct a criminal records	755
check in the manner described in division (B) of this section to	756
determine whether any information exists that indicates that the	757
person who is the subject of the request previously has been	758
convicted of or pleaded guilty or no contest to any offense under	759
any existing or former law of this state, any other state, or the	760
United States that is a disqualifying offense as defined in	761
section 3772.07 of the Revised Code or substantially equivalent to	762
such an offense.	763

(12) On receipt of a request pursuant to section 2151.33 or	764
2151.412 of the Revised Code, a completed form prescribed pursuant	765
to division (C)(1) of this section, and a set of fingerprint	766
impressions obtained in the manner described in division (C)(2) of	767
this section, the superintendent of the bureau of criminal	768
identification and investigation shall conduct a criminal records	769
check with respect to any person for whom a criminal records check	770
is required by that section. The superintendent shall conduct the	771
criminal records check in the manner described in division (B) of	772
this section to determine whether any information exists that	773
indicates that the person who is the subject of the request	774
previously has been convicted of or pleaded guilty to any of the	775
following:	776

(a) A violation of section 2903.01, 2903.02, 2903.03,	777
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	778
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	779
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	780
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	781
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	782
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	783
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	784
2925.22, 2925.23, or 3716.11 of the Revised Code;	785

(b) An existing or former law of this state, any other state,	786
or the United States that is substantially equivalent to any of	787
the offenses listed in division (A)(12)(a) of this section.	788

(B) Subject to division (F) of this section, the	789
superintendent shall conduct any criminal records check to be	790
conducted under this section as follows:	791

(1) The superintendent shall review or cause to be reviewed	792
any relevant information gathered and compiled by the bureau under	793
division (A) of section 109.57 of the Revised Code that relates to	794
the person who is the subject of the criminal records check,	795
including, if the criminal records check was requested under	796
section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,	797
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	798
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	799
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	800
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5123.169, or	801
5153.111 of the Revised Code, any relevant information contained	802
in records that have been sealed under section 2953.32 of the	803
Revised Code;	804

(2) If the request received by the superintendent asks for	805
information from the federal bureau of investigation, the	806
superintendent shall request from the federal bureau of	807
investigation any information it has with respect to the person	808
who is the subject of the criminal records check, including	809
fingerprint-based checks of national crime information databases	810
as described in 42 U.S.C. 671 if the request is made pursuant to	811
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	812
any other Revised Code section requires fingerprint-based checks	813
of that nature, and shall review or cause to be reviewed any	814
information the superintendent receives from that bureau. If a	815
request under section 3319.39 of the Revised Code asks only for	816
information from the federal bureau of investigation, the	817
superintendent shall not conduct the review prescribed by division	818
(B)(1) of this section.	819

(3) The superintendent or the superintendent's designee may	820
request criminal history records from other states or the federal	821
government pursuant to the national crime prevention and privacy	822
compact set forth in section 109.571 of the Revised Code.	823

(4) The superintendent shall include in the results of the	824
criminal records check a list or description of the offenses	825
listed or described in division (A)(1), (2), (3), (4), (5), (6),	826
(7), (8), (9), (10), (11), or (12) of this section, whichever	827
division requires the superintendent to conduct the criminal	828
records check. The superintendent shall exclude from the results	829
any information the dissemination of which is prohibited by	830
federal law.	831

(5) The superintendent shall send the results of the criminal	832
records check to the person to whom it is to be sent not later	833
than the following number of days after the date the	834
superintendent receives the request for the criminal records	835
check, the completed form prescribed under division (C)(1) of this	836
section, and the set of fingerprint impressions obtained in the	837
manner described in division (C)(2) of this section:	838

(a) If the superintendent is required by division (A) of this	839
section (other than division (A)(3) of this section) to conduct	840
the criminal records check, thirty;	841

(b) If the superintendent is required by division (A)(3) of	842
this section to conduct the criminal records check, sixty.	843

(C)(1) The superintendent shall prescribe a form to obtain	844
the information necessary to conduct a criminal records check from	845
any person for whom a criminal records check is to be conducted	846
under this section. The form that the superintendent prescribes	847
pursuant to this division may be in a tangible format, in an	848
electronic format, or in both tangible and electronic formats.	849

(2) The superintendent shall prescribe standard impression	850
sheets to obtain the fingerprint impressions of any person for	851
whom a criminal records check is to be conducted under this	852
section. Any person for whom a records check is to be conducted	853
under this section shall obtain the fingerprint impressions at a	854
county sheriff's office, municipal police department, or any other	855
entity with the ability to make fingerprint impressions on the	856
standard impression sheets prescribed by the superintendent. The	857
office, department, or entity may charge the person a reasonable	858
fee for making the impressions. The standard impression sheets the	859
superintendent prescribes pursuant to this division may be in a	860
tangible format, in an electronic format, or in both tangible and	861
electronic formats.	862

(3) Subject to division (D) of this section, the	863
superintendent shall prescribe and charge a reasonable fee for	864
providing a criminal records check under this section. The person	865
requesting the criminal records check shall pay the fee prescribed	866
pursuant to this division. In the case of a request under section	867
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	868
2151.412, or 5111.032 of the Revised Code, the fee shall be paid	869
in the manner specified in that section.	870

(4) The superintendent of the bureau of criminal	871
identification and investigation may prescribe methods of	872
forwarding fingerprint impressions and information necessary to	873
conduct a criminal records check, which methods shall include, but	874
not be limited to, an electronic method.	875

(D) The results of a criminal records check conducted under	876
this section, other than a criminal records check specified in	877
division (A)(7) of this section, are valid for the person who is	878
the subject of the criminal records check for a period of one year	879
from the date upon which the superintendent completes the criminal	880
records check. If during that period the superintendent receives	881
another request for a criminal records check to be conducted under	882
this section for that person, the superintendent shall provide the	883
results from the previous criminal records check of the person at	884
a lower fee than the fee prescribed for the initial criminal	885
records check.	886

(E) When the superintendent receives a request for	887
information from a registered private provider, the superintendent	888
shall proceed as if the request was received from a school	889
district board of education under section 3319.39 of the Revised	890
Code. The superintendent shall apply division (A)(1)(c) of this	891
section to any such request for an applicant who is a teacher.	892

(F)(1) All information regarding the results of a criminal	893
records check conducted under this section that the superintendent	894
reports or sends under division (A)(7) or (9) of this section to	895
the director of public safety, the treasurer of state, or the	896
person, board, or entity that made the request for the criminal	897
records check shall relate to the conviction of the subject	898
person, or the subject person's plea of guilty to, a criminal	899
offense.	900

(2) Division (F)(1) of this section does not limit, restrict,	901
or preclude the superintendent's release of information that	902
relates to an adjudication of a child as a delinquent child, or	903
that relates to a criminal conviction of a person under eighteen	904
years of age if the person's case was transferred back to a	905
juvenile court under division (B)(2) or (3) of section 2152.121 of	906
the Revised Code and the juvenile court imposed a disposition or	907
serious youthful offender disposition upon the person under either	908
division, if either of the following applies with respect to the	909
adjudication or conviction:	910

(a) The adjudication or conviction was for a violation of	911
section 2903.01 or 2903.02 of the Revised Code.	912

(b) The adjudication or conviction was for a sexually	913
oriented offense, as defined in section 2950.01 of the Revised	914
Code, the juvenile court was required to classify the child a	915
juvenile offender registrant for that offense under section	916
2152.82,or 2152.83~~, or 2152.86~~ of the Revised Code, and that	917
classification has not been removed.	918

(G) As used in this section:

919

(1) "Criminal records check" means any criminal records check	920
conducted by the superintendent of the bureau of criminal	921
identification and investigation in accordance with division (B)	922
of this section.	923

(2) "Minor drug possession offense" has the same meaning as	924
in section 2925.01 of the Revised Code.	925

(3) "OVI or OVUAC violation" means a violation of section	926
4511.19 of the Revised Code or a violation of an existing or	927
former law of this state, any other state, or the United States	928
that is substantially equivalent to section 4511.19 of the Revised	929
Code.	930

(4) "Registered private provider" means a nonpublic school or	931
entity registered with the superintendent of public instruction	932
under section 3310.41 of the Revised Code to participate in the	933
autism scholarship program or section 3310.58 of the Revised Code	934
to participate in the Jon Peterson special needs scholarship	935
program.	936

Sec. 109.578. (A) On receipt of a request pursuant to section	937
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a	938
completed form prescribed pursuant to division (C)(1) of this	939
section, and a set of fingerprint impressions obtained in the	940
manner described in division (C)(2) of this section, the	941
superintendent of the bureau of criminal identification and	942
investigation shall conduct a criminal records check in the manner	943
described in division (B) of this section to determine whether any	944
information exists that indicates that the person who is the	945
subject of the request previously has been convicted of or pleaded	946
guilty to any of the following:	947

(1) A felony;

948

(2) A violation of section 2909.03 of the Revised Code;

949

(3) A violation of an existing or former law of this state,	950
any other state, or the United States that is substantially	951
equivalent to any of the offenses listed in division (A)(1) or (2)	952
of this section.	953

(B) Subject to division (E) of this section, the	954
superintendent shall conduct any criminal records check pursuant	955
to division (A) of this section as follows:	956

(1) The superintendent shall review or cause to be reviewed	957
any relevant information gathered and compiled by the bureau under	958
division (A) of section 109.57 of the Revised Code that relates to	959
the person who is the subject of the request, including any	960
relevant information contained in records that have been sealed	961
under section 2953.32 of the Revised Code.	962

(2) If the request received by the superintendent asks for	963
information from the federal bureau of investigation, the	964
superintendent shall request from the federal bureau of	965
investigation any information it has with respect to the person	966
who is the subject of the request and shall review or cause to be	967
reviewed any information the superintendent receives from that	968
bureau.	969

(C)(1) The superintendent shall prescribe a form to obtain	970
the information necessary to conduct a criminal records check from	971
any person for whom a criminal records check is requested pursuant	972
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	973
Code. The form that the superintendent prescribes pursuant to this	974
division may be in a tangible format, in an electronic format, or	975
in both tangible and electronic formats.	976

(2) The superintendent shall prescribe standard impression	977
sheets to obtain the fingerprint impressions of any person for	978
whom a criminal records check is requested pursuant to section	979
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	980
person for whom a records check is requested pursuant to any of	981
those sections shall obtain the fingerprint impressions at a	982
county sheriff's office, a municipal police department, or any	983
other entity with the ability to make fingerprint impressions on	984
the standard impression sheets prescribed by the superintendent.	985
The office, department, or entity may charge the person a	986
reasonable fee for making the impressions. The standard impression	987
sheets the superintendent prescribes pursuant to this division may	988
be in a tangible format, in an electronic format, or in both	989
tangible and electronic formats.	990

(3) Subject to division (D) of this section, the	991
superintendent shall prescribe and charge a reasonable fee for	992
providing a criminal records check requested under section	993
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	994
person making the criminal records request shall pay the fee	995
prescribed pursuant to this division.	996

(4) The superintendent may prescribe methods of forwarding	997
fingerprint impressions and information necessary to conduct a	998
criminal records check. The methods shall include, but are not	999
limited to, an electronic method.	1000

(D) A determination whether any information exists that	1001
indicates that a person previously has been convicted of or	1002
pleaded guilty to any offense listed or described in division (A)	1003
of this section and that the superintendent made with respect to	1004
information considered in a criminal records check in accordance	1005
with this section is valid for the person who is the subject of	1006
the criminal records check for a period of one year from the date	1007
upon which the superintendent makes the determination. During the	1008
period in which the determination in regard to a person is valid,	1009
if another request under this section is made for a criminal	1010
records check for that person, the superintendent shall provide	1011
the information that is the basis for the superintendent's initial	1012
determination at a lower fee than the fee prescribed for the	1013
initial criminal records check.	1014

(E)(1) All information regarding the results of a criminal	1015
records check conducted under this section that the superintendent	1016
reports or sends under this section to the person, board, or	1017
entity that made the request for the criminal records check shall	1018
relate to the conviction of the subject person, or the subject	1019
person's plea of guilty to, a criminal offense.	1020

(2) Division (E)(1) of this section does not limit, restrict,	1021
or preclude the superintendent's release of information that	1022
relates to an adjudication of a child as a delinquent child, or	1023
that relates to a criminal conviction of a person under eighteen	1024
years of age if the person's case was transferred back to a	1025
juvenile court under division (B)(2) or (3) of section 2152.121 of	1026
the Revised Code and the juvenile court imposed a disposition or	1027
serious youthful offender disposition upon the person under either	1028
division, if either of the following applies with respect to the	1029
adjudication or conviction:	1030

(a) The adjudication or conviction was for a violation of	1031
section 2903.01 or 2903.02 of the Revised Code.	1032

(b) The adjudication or conviction was for a sexually	1033
oriented offense, as defined in section 2950.01 of the Revised	1034
Code, the juvenile court was required to classify the child a	1035
juvenile offender registrant for that offense under section	1036
2152.82,or 2152.83~~, or 2152.86~~ of the Revised Code, and that	1037
classification has not been removed.	1038

(F) As used in this section, "criminal records check" means	1039
any criminal records check conducted by the superintendent of the	1040
bureau of criminal identification and investigation in accordance	1041
with division (B) of this section.	1042

Sec. 311.171. (A) As used in this section:

1043

(1) "Federal poverty level" means the income level	1044
represented by the poverty guidelines as revised annually by the	1045
United States department of health and human services in	1046
accordance with section 673(2) of the "Omnibus Reconciliation Act	1047
of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family	1048
size equal to the size of the family of the person whose income is	1049
being determined.	1050

(2) "Registration year" of an offender means one of the	1051
following:	1052

(a) The twelve-month period beginning on the anniversary,	1053
occurring on or after January 1, 2004, of the date on which an	1054
offender's registration period began in accordance with section	1055
2950.07 of the Revised Code;	1056

(b) The twelve-month period beginning on the date on which an	1057
offender's registration period begins, on or after January 1,	1058
2004, in accordance with section 2950.07 of the Revised Code.	1059

(3) "Sexually oriented offense," "child-victim oriented	1060
offense," ~~and~~ "tier III sex offender/child-victim offender,"	1061
"sexual predator," "child-victim predator," "habitual sex	1062
offender," "habitual child-victim offender," and "aggravated	1063
sexually oriented offense" have the same meanings as in section	1064
2950.01 of the Revised Code.	1065

(B) The sheriff may charge a fee each time a person does any	1066
of the following:	1067

(1) Registers under section 2950.04 or 2950.041 of the	1068
Revised Code;	1069

(2) Registers a new residence address under section 2950.05	1070
of the Revised Code;	1071

(3) Verifies a current residence address under section	1072
2950.06 of the Revised Code.	1073

(C) If the sheriff charges one or more fees provided for in	1074
division (B) of this section, all of the following apply:	1075

(1) The sheriff shall not require the payment of any fee from	1076
a delinquent child until the delinquent child reaches eighteen	1077
years of age. When a delinquent child reaches eighteen years of	1078
age and the sheriff charges a fee to the delinquent child, the	1079
provisions of this section applicable to "offenders" shall be	1080
construed to apply to the delinquent child.	1081

(2) For an offender who is a tier III sex	1082
offender/child-victim offender, a sexual predator, or a	1083
child-victim predator, or who has a duty to register as a result	1084
of committing an aggravated sexually oriented offense, the fees	1085
may not exceed a total of one hundred dollars for each	1086
registration year.	1087

(3) For an offender who is a habitual sex offender or a	1088
habitual child-victim offender, who is not described in division	1089
(C)(2) of this section, and for whom the sentencing judge has	1090
required community notification, the fees may not exceed a total	1091
of fifty dollars for each registration year.	1092

(4) For an offender who has been convicted of or pleaded	1093
guilty to a sexually oriented offense or a child-victim offense	1094
and who is not described in division (C)(2) or (3) of this	1095
section, the fees may not exceed a total of twenty-five dollars	1096
for each registration year.	1097

~~(4)~~(5) An offender who is required to pay a fee shall retain	1098
the receipts received under section 325.28 of the Revised Code for	1099
payments made during the offender's registration year to establish	1100
that the payment of any fee will exceed the maximum annual amount	1101
permissible under this division.	1102

~~(5)~~(6) The sheriff shall not refuse to register a person,	1103
register a new residence address of a person, or verify the	1104
current residence address of a person, who does not pay a fee the	1105
sheriff requires under this section.	1106

~~(6)~~(7) The sheriff shall report unpaid fees in accordance	1107
with division (C) of section 325.31 of the Revised Code, and the	1108
county may recover those fees in a civil action in the same manner	1109
as other money due the county.	1110

(D) Each time a person appears before the sheriff to provide	1111
any registration or verification specified in division (B) of this	1112
section for which the sheriff charges a fee, the sheriff shall	1113
determine whether the person is able to pay the fee. In making	1114
that determination, the sheriff shall determine whether the	1115
person's income is less than one hundred twenty-five per cent of	1116
the federal poverty level. A person whose income is equal to or	1117
greater than one hundred twenty-five per cent of the federal	1118
poverty level shall be considered able to pay the fee.	1119

(E) If a sheriff determines a person's income is less than	1120
one hundred twenty-five per cent of the federal poverty level, the	1121
sheriff shall waive payment of the fee. If the sheriff determines	1122
a person's income is equal to or greater than one hundred	1123
twenty-five per cent of the federal poverty level, the sheriff may	1124
allow the person to pay the fee in accordance with a payment	1125
schedule the sheriff establishes based on the person's ability to	1126
pay. The sheriff shall document any waiver or alternative fee	1127
arrangement in the official registration records of the sheriff's	1128
office and shall provide the offender with a written copy of any	1129
waiver or alternative fee arrangement.	1130

(F) All fees paid to a sheriff under this section shall be	1131
paid into the county treasury to the credit of the county general	1132
fund and shall be allocated to the sheriff to be used to defray	1133
the costs of registering sex offenders and child-victim offenders	1134
and providing community notification under Chapter 2950. of the	1135
Revised Code.	1136

(G) If an offender has registered with a sheriff and	1137
subsequently relocates to a different county during a registration	1138
year, the annual maximum amounts set forth in division (C) of this	1139
section shall apply to the sheriff in the new county, and that	1140
sheriff shall consider any payments already made by the offender	1141
for purposes of determining when the applicable maximum has been	1142
met for the offender's registration year.	1143

Sec. 1923.02. (A) Proceedings under this chapter may be had	1144
as follows:	1145

(1) Against tenants or manufactured home park residents	1146
holding over their terms;	1147

(2) Against tenants or manufactured home park residents in	1148
possession under an oral tenancy, who are in default in the	1149
payment of rent as provided in division (B) of this section;	1150

(3) In sales of real estate, on executions, orders, or other	1151
judicial process, when the judgment debtor was in possession at	1152
the time of the rendition of the judgment or decree, by virtue of	1153
which the sale was made;	1154

(4) In sales by executors, administrators, or guardians, and	1155
on partition, when any of the parties to the complaint were in	1156
possession at the commencement of the action, after the sales, so	1157
made on execution or otherwise, have been examined by the proper	1158
court and adjudged legal;	1159

(5) When the defendant is an occupier of lands or tenements,	1160
without color of title, and the complainant has the right of	1161
possession to them;	1162

(6) In any other case of the unlawful and forcible detention	1163
of lands or tenements. For purposes of this division, in addition	1164
to any other type of unlawful and forcible detention of lands or	1165
tenements, such a detention may be determined to exist when both	1166
of the following apply:	1167

(a) A tenant fails to vacate residential premises within	1168
three days after both of the following occur:	1169

(i) The tenant's landlord has actual knowledge of or has	1170
reasonable cause to believe that the tenant, any person in the	1171
tenant's household, or any person on the premises with the consent	1172
of the tenant previously has or presently is engaged in a	1173
violation of Chapter 2925. or 3719. of the Revised Code, or of a	1174
municipal ordinance that is substantially similar to any section	1175
in either of those chapters, which involves a controlled substance	1176
and which occurred in, is occurring in, or otherwise was or is	1177
connected with the premises, whether or not the tenant or other	1178
person has been charged with, has pleaded guilty to or been	1179
convicted of, or has been determined to be a delinquent child for	1180
an act that, if committed by an adult, would be a violation as	1181
described in this division. For purposes of this division, a	1182
landlord has "actual knowledge of or has reasonable cause to	1183
believe" that a tenant, any person in the tenant's household, or	1184
any person on the premises with the consent of the tenant	1185
previously has or presently is engaged in a violation as described	1186
in this division if a search warrant was issued pursuant to	1187
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	1188
affidavit presented to obtain the warrant named or described the	1189
tenant or person as the individual to be searched and particularly	1190
described the tenant's premises as the place to be searched, named	1191
or described one or more controlled substances to be searched for	1192
and seized, stated substantially the offense under Chapter 2925.	1193
or 3719. of the Revised Code or the substantially similar	1194
municipal ordinance that occurred in, is occurring in, or	1195
otherwise was or is connected with the tenant's premises, and	1196
states the factual basis for the affiant's belief that the	1197
controlled substances are located on the tenant's premises; the	1198
warrant was properly executed by a law enforcement officer and any	1199
controlled substance described in the affidavit was found by that	1200
officer during the search and seizure; and, subsequent to the	1201
search and seizure, the landlord was informed by that or another	1202
law enforcement officer of the fact that the tenant or person has	1203
or presently is engaged in a violation as described in this	1204
division and it occurred in, is occurring in, or otherwise was or	1205
is connected with the tenant's premises.	1206

(ii) The landlord gives the tenant the notice required by	1207
division (C) of section 5321.17 of the Revised Code.	1208

(b) The court determines, by a preponderance of the evidence,	1209
that the tenant, any person in the tenant's household, or any	1210
person on the premises with the consent of the tenant previously	1211
has or presently is engaged in a violation as described in	1212
division (A)(6)(a)(i) of this section.	1213

(7) In cases arising out of Chapter 5313. of the Revised	1214
Code. In those cases, the court has the authority to declare a	1215
forfeiture of the vendee's rights under a land installment	1216
contract and to grant any other claims arising out of the	1217
contract.	1218

(8) Against tenants who have breached an obligation that is	1219
imposed by section 5321.05 of the Revised Code, other than the	1220
obligation specified in division (A)(9) of that section, and that	1221
materially affects health and safety. Prior to the commencement of	1222
an action under this division, notice shall be given to the tenant	1223
and compliance secured with section 5321.11 of the Revised Code.	1224

(9) Against tenants who have breached an obligation imposed	1225
upon them by a written rental agreement;	1226

(10) Against manufactured home park residents who have	1227
defaulted in the payment of rent or breached the terms of a rental	1228
agreement with a park operator. Nothing in this division precludes	1229
the commencement of an action under division (A)(12) of this	1230
section when the additional circumstances described in that	1231
division apply.	1232

(11) Against manufactured home park residents who have	1233
committed two material violations of the rules of the manufactured	1234
home park, of the manufactured homes commission, or of applicable	1235
state and local health and safety codes and who have been notified	1236
of the violations in compliance with section 4781.45 of the	1237
Revised Code;	1238

(12) Against a manufactured home park resident, or the estate	1239
of a manufactured home park resident, who as a result of death or	1240
otherwise has been absent from the manufactured home park for a	1241
period of thirty consecutive days prior to the commencement of an	1242
action under this division and whose manufactured home or mobile	1243
home, or recreational vehicle that is parked in the manufactured	1244
home park, has been left unoccupied for that thirty-day period,	1245
without notice to the park operator and without payment of rent	1246
due under the rental agreement with the park operator;	1247

(13) Against occupants of self-service storage facilities, as	1248
defined in division (A) of section 5322.01 of the Revised Code,	1249
who have breached the terms of a rental agreement or violated	1250
section 5322.04 of the Revised Code;	1251

(14) Against any resident or occupant who, pursuant to a	1252
rental agreement, resides in or occupies residential premises	1253
located within one thousand feet of any school premises or	1254
preschool or child day-care center premises in violation of	1255
section 2950.034 of the Revised Code and to whom both of the	1256
following apply:	1257

(a) The resident's or occupant's name appears on the state	1258
registry of sex offenders and child-victim offenders maintained	1259
under section 2950.13 of the Revised Code.	1260

(b) The state registry of sex offenders and child-victim	1261
offenders indicates that the resident or occupant was convicted of	1262
or pleaded guilty to a sexually oriented offense or a child-victim	1263
oriented offense in a criminal prosecution and was not sentenced	1264
to a serious youthful offender dispositional sentence for that	1265
offense.	1266

(15) Against any tenant who permits any person to occupy	1267
residential premises located within one thousand feet of any	1268
school premises or preschool or child day-care center premises in	1269
violation of section 2950.034 of the Revised Code if both of the	1270
following apply to the person:	1271

(a) The person's name appears on the state registry of sex	1272
offenders and child-victim offenders maintained under section	1273
2950.13 of the Revised Code.	1274

(b) The state registry of sex offenders and child-victim	1275
offenders indicates that the person was convicted of or pleaded	1276
guilty to a sexually oriented offense or a child-victim oriented	1277
offense in a criminal prosecution and was not sentenced to a	1278
serious youthful offender dispositional sentence for that offense.	1279

(B) If a tenant or manufactured home park resident holding	1280
under an oral tenancy is in default in the payment of rent, the	1281
tenant or resident forfeits the right of occupancy, and the	1282
landlord may, at the landlord's option, terminate the tenancy by	1283
notifying the tenant or resident, as provided in section 1923.04	1284
of the Revised Code, to leave the premises, for the restitution of	1285
which an action may then be brought under this chapter.	1286

(C)(1) If a tenant or any other person with the tenant's	1287
permission resides in or occupies residential premises that are	1288
located within one thousand feet of any school premises and is a	1289
resident or occupant of the type described in division (A)(14) of	1290
this section or a person of the type described in division (A)(15)	1291
of this section, the landlord for those residential premises, upon	1292
discovery that the tenant or other person is a resident, occupant,	1293
or person of that nature, may terminate the rental agreement or	1294
tenancy for those residential premises by notifying the tenant and	1295
all other occupants, as provided in section 1923.04 of the Revised	1296
Code, to leave the premises.	1297

(2) If a landlord is authorized to terminate a rental	1298
agreement or tenancy pursuant to division (C)(1) of this section	1299
but does not so terminate the rental agreement or tenancy, the	1300
landlord is not liable in a tort or other civil action in damages	1301
for any injury, death, or loss to person or property that	1302
allegedly result from that decision.	1303

(D) This chapter does not apply to a student tenant as	1304
defined by division (H) of section 5321.01 of the Revised Code	1305
when the college or university proceeds to terminate a rental	1306
agreement pursuant to section 5321.031 of the Revised Code.	1307

Sec. 2151.23. (A) The juvenile court has exclusive original	1308
jurisdiction under the Revised Code as follows:	1309

(1) Concerning any child who on or about the date specified	1310
in the complaint, indictment, or information is alleged to have	1311
violated section 2151.87 of the Revised Code or an order issued	1312
under that section or to be a juvenile traffic offender or a	1313
delinquent, unruly, abused, neglected, or dependent child and,	1314
based on and in relation to the allegation pertaining to the	1315
child, concerning the parent, guardian, or other person having	1316
care of a child who is alleged to be an unruly or delinquent child	1317
for being an habitual or chronic truant;	1318

(2) Subject to divisions (G), (K), and (V) of section 2301.03	1319
of the Revised Code, to determine the custody of any child not a	1320
ward of another court of this state;	1321

(3) To hear and determine any application for a writ of	1322
habeas corpus involving the custody of a child;	1323

(4) To exercise the powers and jurisdiction given the probate	1324
division of the court of common pleas in Chapter 5122. of the	1325
Revised Code, if the court has probable cause to believe that a	1326
child otherwise within the jurisdiction of the court is a mentally	1327
ill person subject to hospitalization by court order, as defined	1328
in section 5122.01 of the Revised Code;	1329

(5) To hear and determine all criminal cases charging adults	1330
with the violation of any section of this chapter;	1331

(6) To hear and determine all criminal cases in which an	1332
adult is charged with a violation of division (C) of section	1333
2919.21, division (B)(1) of section 2919.22, section 2919.222,	1334
division (B) of section 2919.23, or section 2919.24 of the Revised	1335
Code, provided the charge is not included in an indictment that	1336
also charges the alleged adult offender with the commission of a	1337
felony arising out of the same actions that are the basis of the	1338
alleged violation of division (C) of section 2919.21, division	1339
(B)(1) of section 2919.22, section 2919.222, division (B) of	1340
section 2919.23, or section 2919.24 of the Revised Code;	1341

(7) Under the interstate compact on juveniles in section	1342
2151.56 of the Revised Code;	1343

(8) Concerning any child who is to be taken into custody	1344
pursuant to section 2151.31 of the Revised Code, upon being	1345
notified of the intent to take the child into custody and the	1346
reasons for taking the child into custody;	1347

(9) To hear and determine requests for the extension of	1348
temporary custody agreements, and requests for court approval of	1349
permanent custody agreements, that are filed pursuant to section	1350
5103.15 of the Revised Code;	1351

(10) To hear and determine applications for consent to marry	1352
pursuant to section 3101.04 of the Revised Code;	1353

(11) Subject to divisions (G), (K), and (V) of section	1354
2301.03 of the Revised Code, to hear and determine a request for	1355
an order for the support of any child if the request is not	1356
ancillary to an action for divorce, dissolution of marriage,	1357
annulment, or legal separation, a criminal or civil action	1358
involving an allegation of domestic violence, or an action for	1359
support brought under Chapter 3115. of the Revised Code;	1360

(12) Concerning an action commenced under section 121.38 of	1361
the Revised Code;	1362

(13) To hear and determine violations of section 3321.38 of	1363
the Revised Code;	1364

(14) To exercise jurisdiction and authority over the parent,	1365
guardian, or other person having care of a child alleged to be a	1366
delinquent child, unruly child, or juvenile traffic offender,	1367
based on and in relation to the allegation pertaining to the	1368
child;	1369

(15) To conduct the hearings, and to make the determinations,	1370
adjudications, and orders authorized or required under sections	1371
2152.82 to ~~2152.86~~2152.851 and Chapter 2950. of the Revised Code	1372
regarding a child who has been adjudicated a delinquent child and	1373
to refer the duties conferred upon the juvenile court judge under	1374
sections 2152.82 to ~~2152.86~~2152.851 and Chapter 2950. of the	1375
Revised Code to magistrates appointed by the juvenile court judge	1376
in accordance with Juvenile Rule 40;	1377

(16) To hear and determine a petition for a protection order	1378
against a child under section 2151.34 or 3113.31 of the Revised	1379
Code and to enforce a protection order issued or a consent	1380
agreement approved under either section against a child until a	1381
date certain but not later than the date the child attains	1382
nineteen years of age.	1383

(B) Except as provided in divisions (G) and (I) of section	1384
2301.03 of the Revised Code, the juvenile court has original	1385
jurisdiction under the Revised Code:	1386

(1) To hear and determine all cases of misdemeanors charging	1387
adults with any act or omission with respect to any child, which	1388
act or omission is a violation of any state law or any municipal	1389
ordinance;	1390

(2) To determine the paternity of any child alleged to have	1391
been born out of wedlock pursuant to sections 3111.01 to 3111.18	1392
of the Revised Code;	1393

(3) Under the uniform interstate family support act in	1394
Chapter 3115. of the Revised Code;	1395

(4) To hear and determine an application for an order for the	1396
support of any child, if the child is not a ward of another court	1397
of this state;	1398

(5) To hear and determine an action commenced under section	1399
3111.28 of the Revised Code;	1400

(6) To hear and determine a motion filed under section	1401
3119.961 of the Revised Code;	1402

(7) To receive filings under section 3109.74 of the Revised	1403
Code, and to hear and determine actions arising under sections	1404
3109.51 to 3109.80 of the Revised Code.	1405

(8) To enforce an order for the return of a child made under	1406
the Hague Convention on the Civil Aspects of International Child	1407
Abduction pursuant to section 3127.32 of the Revised Code;	1408

(9) To grant any relief normally available under the laws of	1409
this state to enforce a child custody determination made by a	1410
court of another state and registered in accordance with section	1411
3127.35 of the Revised Code.	1412

(C) The juvenile court, except as to juvenile courts that are	1413
a separate division of the court of common pleas or a separate and	1414
independent juvenile court, has jurisdiction to hear, determine,	1415
and make a record of any action for divorce or legal separation	1416
that involves the custody or care of children and that is filed in	1417
the court of common pleas and certified by the court of common	1418
pleas with all the papers filed in the action to the juvenile	1419
court for trial, provided that no certification of that nature	1420
shall be made to any juvenile court unless the consent of the	1421
juvenile judge first is obtained. After a certification of that	1422
nature is made and consent is obtained, the juvenile court shall	1423
proceed as if the action originally had been begun in that court,	1424
except as to awards for spousal support or support due and unpaid	1425
at the time of certification, over which the juvenile court has no	1426
jurisdiction.	1427

(D) The juvenile court, except as provided in divisions (G)	1428
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1429
to hear and determine all matters as to custody and support of	1430
children duly certified by the court of common pleas to the	1431
juvenile court after a divorce decree has been granted, including	1432
jurisdiction to modify the judgment and decree of the court of	1433
common pleas as the same relate to the custody and support of	1434
children.	1435

(E) The juvenile court, except as provided in divisions (G)	1436
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1437
to hear and determine the case of any child certified to the court	1438
by any court of competent jurisdiction if the child comes within	1439
the jurisdiction of the juvenile court as defined by this section.	1440

(F)(1) The juvenile court shall exercise its jurisdiction in	1441
child custody matters in accordance with sections 3109.04 and	1442
3127.01 to 3127.53 of the Revised Code and, as applicable,	1443
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	1444
Code.	1445

(2) The juvenile court shall exercise its jurisdiction in	1446
child support matters in accordance with section 3109.05 of the	1447
Revised Code.	1448

(G) Any juvenile court that makes or modifies an order for	1449
child support shall comply with Chapters 3119., 3121., 3123., and	1450
3125. of the Revised Code. If any person required to pay child	1451
support under an order made by a juvenile court on or after April	1452
15, 1985, or modified on or after December 1, 1986, is found in	1453
contempt of court for failure to make support payments under the	1454
order, the court that makes the finding, in addition to any other	1455
penalty or remedy imposed, shall assess all court costs arising	1456
out of the contempt proceeding against the person and require the	1457
person to pay any reasonable attorney's fees of any adverse party,	1458
as determined by the court, that arose in relation to the act of	1459
contempt.	1460

(H) If a child who is charged with an act that would be an	1461
offense if committed by an adult was fourteen years of age or	1462
older and under eighteen years of age at the time of the alleged	1463
act and if the case is transferred for criminal prosecution	1464
pursuant to section 2152.12 of the Revised Code, except as	1465
provided in section 2152.121 of the Revised Code, the juvenile	1466
court does not have jurisdiction to hear or determine the case	1467
subsequent to the transfer. The court to which the case is	1468
transferred for criminal prosecution pursuant to that section has	1469
jurisdiction subsequent to the transfer to hear and determine the	1470
case in the same manner as if the case originally had been	1471
commenced in that court, subject to section 2152.121 of the	1472
Revised Code, including, but not limited to, jurisdiction to	1473
accept a plea of guilty or another plea authorized by Criminal	1474
Rule 11 or another section of the Revised Code and jurisdiction to	1475
accept a verdict and to enter a judgment of conviction pursuant to	1476
the Rules of Criminal Procedure against the child for the	1477
commission of the offense that was the basis of the transfer of	1478
the case for criminal prosecution, whether the conviction is for	1479
the same degree or a lesser degree of the offense charged, for the	1480
commission of a lesser-included offense, or for the commission of	1481
another offense that is different from the offense charged.	1482

(I) If a person under eighteen years of age allegedly commits	1483
an act that would be a felony if committed by an adult and if the	1484
person is not taken into custody or apprehended for that act until	1485
after the person attains twenty-one years of age, the juvenile	1486
court does not have jurisdiction to hear or determine any portion	1487
of the case charging the person with committing that act. In those	1488
circumstances, divisions (A) and (B) of section 2152.12 of the	1489
Revised Code do not apply regarding the act, and the case charging	1490
the person with committing the act shall be a criminal prosecution	1491
commenced and heard in the appropriate court having jurisdiction	1492
of the offense as if the person had been eighteen years of age or	1493
older when the person committed the act. All proceedings	1494
pertaining to the act shall be within the jurisdiction of the	1495
court having jurisdiction of the offense, and that court has all	1496
the authority and duties in the case that it has in other criminal	1497
cases in that court.	1498

(J) In exercising its exclusive original jurisdiction under	1499
division (A)(16) of this section with respect to any proceedings	1500
brought under section 2151.34 or 3113.31 of the Revised Code in	1501
which the respondent is a child, the juvenile court retains all	1502
dispositionary powers consistent with existing rules of juvenile	1503
procedure and may also exercise its discretion to adjudicate	1504
proceedings as provided in sections 2151.34 and 3113.31 of the	1505
Revised Code, including the issuance of protection orders or the	1506
approval of consent agreements under those sections.	1507

(K) Regardless of the person's age, the juvenile court	1508
retains jurisdiction over a person who has received a serious	1509
youthful offender dispositional sentence under section 2152.13 of	1510
the Revised Code until the person successfully completes all the	1511
traditional juvenile dispositions imposed under the dispositional	1512
sentence or until the juvenile court pursuant to section 2152.14	1513
of the Revised Code invokes the adult portion of the dispositional	1514
sentence imposed.	1515

(L) Regardless of the person's age, the juvenile court	1516
retains jurisdiction over a person who has been adjudicated a	1517
delinquent child for committing a sexually oriented offense or a	1518
child-victim oriented offense on or after January 1, 2002, for the	1519
purpose of imposing, modifying, or terminating an order under	1520
sections 2152.82, 2152.83, 2152.831, 2152.84, and 2152.85 of the	1521
Revised Code.	1522

Sec. 2151.357. (A) If the court orders the records of a	1523
person sealed pursuant to section 2151.356 of the Revised Code,	1524
the person who is subject of the order properly may, and the court	1525
shall, reply that no record exists with respect to the person upon	1526
any inquiry in the matter, and the court, except as provided in	1527
division (D) of this section, shall do all of the following:	1528

(1) Order that the proceedings in a case described in	1529
divisions (B) and (C) of section 2151.356 of the Revised Code be	1530
deemed never to have occurred;	1531

(2) Except as provided in division (C) of this section,	1532
delete all index references to the case and the person so that the	1533
references are permanently irretrievable;	1534

(3) Order that all original records of the case maintained by	1535
any public office or agency, except fingerprints held by a law	1536
enforcement agency, DNA specimens collected pursuant to section	1537
2152.74 of the Revised Code, and DNA records derived from DNA	1538
specimens pursuant to section 109.573 of the Revised Code, be	1539
delivered to the court;	1540

(4) Order each public office or agency, upon the delivering	1541
of records to the court under division (A)(3) of this section, to	1542
expunge remaining records of the case that are the subject of the	1543
sealing order that are maintained by that public office or agency,	1544
except fingerprints, DNA specimens, and DNA records described	1545
under division (A)(3) of this section;	1546

(5) Send notice of the order to seal to any public office or	1547
agency that the court has reason to believe may have a record of	1548
the sealed record;	1549

(6) Seal all of the records delivered to the court under	1550
division (A)(3) of this section, in a separate file in which only	1551
sealed records are maintained.	1552

(B) Except as provided in division (D) of this section, an	1553
order to seal under section 2151.356 of the Revised Code applies	1554
to every public office or agency that has a record relating to the	1555
case, regardless of whether it receives notice of the hearing on	1556
the sealing of the record or a copy of the order. Except as	1557
provided in division (D) of this section, upon the written request	1558
of a person whose record has been sealed and the presentation of a	1559
copy of the order and compliance with division (A)(3) of this	1560
section, a public office or agency shall expunge its record	1561
relating to the case, except a record of the adjudication or	1562
arrest or taking into custody that is maintained for compiling	1563
statistical data and that does not contain any reference to the	1564
person who is the subject of the order.	1565

(C) The court that maintains sealed records pursuant to this	1566
section may maintain a manual or computerized index of the sealed	1567
records and shall make the index available only for the purposes	1568
set forth in division (E) of this section.	1569

(1) Each entry regarding a sealed record in the index of	1570
sealed records shall contain all of the following:	1571

(a) The name of the person who is the subject of the sealed	1572
record;	1573

(b) An alphanumeric identifier relating to the person who is	1574
the subject of the sealed record;	1575

1576

(d) The name of the court that has custody of the sealed	1577
record.	1578

(2) Any entry regarding a sealed record in the index of	1579
sealed records shall not contain either of the following:	1580

(a) The social security number of the person who is subject	1581
of the sealed record;	1582

(b) The name or a description of the act committed.

1583

(D) Notwithstanding any provision of this section that	1584
requires otherwise, a board of education of a city, local,	1585
exempted village, or joint vocational school district that	1586
maintains records of an individual who has been permanently	1587
excluded under sections 3301.121 and 3313.662 of the Revised Code	1588
is permitted to maintain records regarding an adjudication that	1589
the individual is a delinquent child that was used as the basis	1590
for the individual's permanent exclusion, regardless of a court	1591
order to seal the record. An order issued under section 2151.356	1592
of the Revised Code to seal the record of an adjudication that an	1593
individual is a delinquent child does not revoke the adjudication	1594
order of the superintendent of public instruction to permanently	1595
exclude the individual who is the subject of the sealing order. An	1596
order to seal the record of an adjudication that an individual is	1597
a delinquent child may be presented to a district superintendent	1598
as evidence to support the contention that the superintendent	1599
should recommend that the permanent exclusion of the individual	1600
who is the subject of the sealing order be revoked. Except as	1601
otherwise authorized by this division and sections 3301.121 and	1602
3313.662 of the Revised Code, any school employee in possession of	1603
or having access to the sealed adjudication records of an	1604
individual that were the basis of a permanent exclusion of the	1605
individual is subject to division (F) of this section.	1606

(E) Inspection of records that have been ordered sealed under	1607
section 2151.356 of the Revised Code may be made only by the	1608
following persons or for the following purposes:	1609

(1) By the court;

1610

(2) If the records in question pertain to an act that would	1611
be an offense of violence that would be a felony if committed by	1612
an adult, by any law enforcement officer or any prosecutor, or the	1613
assistants of a law enforcement officer or prosecutor, for any	1614
valid law enforcement or prosecutorial purpose;	1615

(3) Upon application by the person who is the subject of the	1616
sealed records, by the person that is named in that application;	1617

(4) If the records in question pertain to an alleged	1618
violation of division (E)(1) of section 4301.69 of the Revised	1619
Code, by any law enforcement officer or any prosecutor, or the	1620
assistants of a law enforcement officer or prosecutor, for the	1621
purpose of determining whether the person is eligible for	1622
diversion under division (E)(2) of section 4301.69 of the Revised	1623
Code;	1624

(5) At the request of a party in a civil action that is based	1625
on a case the records for which are the subject of a sealing order	1626
issued under section 2151.356 of the Revised Code, as needed for	1627
the civil action. The party also may copy the records as needed	1628
for the civil action. The sealed records shall be used solely in	1629
the civil action and are otherwise confidential and subject to the	1630
provisions of this section;	1631

~~(6) By the attorney general or an authorized employee of the~~	1632
~~attorney general or the court for purposes of determining whether~~	1633
~~a child is a public registry-qualified juvenile offender~~	1634
~~registrant, as defined in section 2950.01 of the Revised Code, for~~	1635
~~purposes of Chapter 2950. of the Revised Code~~.	1636

(F) No officer or employee of the state or any of its	1637
political subdivisions shall knowingly release, disseminate, or	1638
make available for any purpose involving employment, bonding,	1639
licensing, or education to any person or to any department,	1640
agency, or other instrumentality of the state or of any of its	1641
political subdivisions any information or other data concerning	1642
any arrest, taking into custody, complaint, indictment,	1643
information, trial, hearing, adjudication, or correctional	1644
supervision, the records of which have been sealed pursuant to	1645
section 2151.356 of the Revised Code and the release,	1646
dissemination, or making available of which is not expressly	1647
permitted by this section. Whoever violates this division is	1648
guilty of divulging confidential information, a misdemeanor of the	1649
fourth degree.	1650

(G) In any application for employment, license, or other	1651
right or privilege, any appearance as a witness, or any other	1652
inquiry, a person may not be questioned with respect to any arrest	1653
or taking into custody for which the records were sealed. If an	1654
inquiry is made in violation of this division, the person may	1655
respond as if the sealed arrest or taking into custody did not	1656
occur, and the person shall not be subject to any adverse action	1657
because of the arrest or taking into custody or the response.	1658

(H) The judgment rendered by the court under this chapter	1659
shall not impose any of the civil disabilities ordinarily imposed	1660
by conviction of a crime in that the child is not a criminal by	1661
reason of the adjudication, and no child shall be charged with or	1662
convicted of a crime in any court except as provided by this	1663
chapter. The disposition of a child under the judgment rendered or	1664
any evidence given in court shall not operate to disqualify a	1665
child in any future civil service examination, appointment, or	1666
application. Evidence of a judgment rendered and the disposition	1667
of a child under the judgment is not admissible to impeach the	1668
credibility of the child in any action or proceeding. Otherwise,	1669
the disposition of a child under the judgment rendered or any	1670
evidence given in court is admissible as evidence for or against	1671
the child in any action or proceeding in any court in accordance	1672
with the Rules of Evidence and also may be considered by any court	1673
as to the matter of sentence or to the granting of probation, and	1674
a court may consider the judgment rendered and the disposition of	1675
a child under that judgment for purposes of determining whether	1676
the child, for a future criminal conviction or guilty plea, is a	1677
repeat violent offender, as defined in section 2929.01 of the	1678
Revised Code.	1679

Sec. 2152.02. As used in this chapter:

1680

(A) "Act charged" means the act that is identified in a	1681
complaint, indictment, or information alleging that a child is a	1682
delinquent child.	1683

(B) "Admitted to a department of youth services facility"	1684
includes admission to a facility operated, or contracted for, by	1685
the department and admission to a comparable facility outside this	1686
state by another state or the United States.	1687

(C)(1) "Child" means a person who is under eighteen years of	1688
age, except as otherwise provided in divisions (C)(2) to (8) of	1689
this section.	1690

(2) Subject to division (C)(3) of this section, any person	1691
who violates a federal or state law or a municipal ordinance prior	1692
to attaining eighteen years of age shall be deemed a "child"	1693
irrespective of that person's age at the time the complaint with	1694
respect to that violation is filed or the hearing on the complaint	1695
is held.	1696

(3) Any person who, while under eighteen years of age,	1697
commits an act that would be a felony if committed by an adult and	1698
who is not taken into custody or apprehended for that act until	1699
after the person attains twenty-one years of age is not a child in	1700
relation to that act.	1701

(4) Except as otherwise provided in divisions (C)(5) and (7)	1702
of this section, any person whose case is transferred for criminal	1703
prosecution pursuant to section 2152.12 of the Revised Code shall	1704
be deemed after the transfer not to be a child in the transferred	1705
case.	1706

(5) Any person whose case is transferred for criminal	1707
prosecution pursuant to section 2152.12 of the Revised Code and	1708
who subsequently is convicted of or pleads guilty to a felony in	1709
that case, unless a serious youthful offender dispositional	1710
sentence is imposed on the child for that offense under division	1711
(B)(2) or (3) of section 2152.121 of the Revised Code and the	1712
adult portion of that sentence is not invoked pursuant to section	1713
2152.14 of the Revised Code, and any person who is adjudicated a	1714
delinquent child for the commission of an act, who has a serious	1715
youthful offender dispositional sentence imposed for the act	1716
pursuant to section 2152.13 of the Revised Code, and whose adult	1717
portion of the dispositional sentence is invoked pursuant to	1718
section 2152.14 of the Revised Code, shall be deemed after the	1719
conviction, plea, or invocation not to be a child in any case in	1720
which a complaint is filed against the person.	1721

(6) The juvenile court has jurisdiction over a person who is	1722
adjudicated a delinquent child or juvenile traffic offender prior	1723
to attaining eighteen years of age until the person attains	1724
twenty-one years of age, and, for purposes of that jurisdiction	1725
related to that adjudication, except as otherwise provided in this	1726
division, a person who is so adjudicated a delinquent child or	1727
juvenile traffic offender shall be deemed a "child" until the	1728
person attains twenty-one years of age. If a person is so	1729
adjudicated a delinquent child or juvenile traffic offender and	1730
the court makes a disposition of the person under this chapter, at	1731
any time after the person attains twenty-one years of age, the	1732
places at which the person may be held under that disposition are	1733
not limited to places authorized under this chapter solely for	1734
confinement of children, and the person may be confined under that	1735
disposition, in accordance with division (F)(2) of section 2152.26	1736
of the Revised Code, in places other than those authorized under	1737
this chapter solely for confinement of children.	1738

(7) The juvenile court has jurisdiction over any person whose	1739
case is transferred for criminal prosecution solely for the	1740
purpose of detaining the person as authorized in division (F)(1)	1741
or (4) of section 2152.26 of the Revised Code unless the person is	1742
convicted of or pleads guilty to a felony in the adult court.	1743

(8) Any person who, while eighteen years of age, violates	1744
division (A)(1) or (2) of section 2919.27 of the Revised Code by	1745
violating a protection order issued or consent agreement approved	1746
under section 2151.34 or 3113.31 of the Revised Code shall be	1747
considered a child for the purposes of that violation of section	1748
2919.27 of the Revised Code.	1749

(D) "Chronic truant" means any child of compulsory school age	1750
who is absent without legitimate excuse for absence from the	1751
public school the child is supposed to attend for seven or more	1752
consecutive school days, ten or more school days in one school	1753
month, or fifteen or more school days in a school year.	1754

(E) "Community corrections facility," "public safety beds,"	1755
"release authority," and "supervised release" have the same	1756
meanings as in section 5139.01 of the Revised Code.	1757

(F) "Delinquent child" includes any of the following:

1758

(1) Any child, except a juvenile traffic offender, who	1759
violates any law of this state or the United States, or any	1760
ordinance of a political subdivision of the state, that would be	1761
an offense if committed by an adult;	1762

(2) Any child who violates any lawful order of the court made	1763
under this chapter or under Chapter 2151. of the Revised Code	1764
other than an order issued under section 2151.87 of the Revised	1765
Code;	1766

(3) Any child who violates division (C) of section 2907.39,	1767
division (A) of section 2923.211, or division (C)(1) or (D) of	1768
section 2925.55 of the Revised Code;	1769

(4) Any child who is a habitual truant and who previously has	1770
been adjudicated an unruly child for being a habitual truant;	1771

(5) Any child who is a chronic truant.

1772

(G) "Discretionary serious youthful offender" means a person	1773
who is eligible for a discretionary SYO and who is not transferred	1774
to adult court under a mandatory or discretionary transfer.	1775

(H) "Discretionary SYO" means a case in which the juvenile	1776
court, in the juvenile court's discretion, may impose a serious	1777
youthful offender disposition under section 2152.13 of the Revised	1778
Code.	1779

(I) "Discretionary transfer" means that the juvenile court	1780
has discretion to transfer a case for criminal prosecution under	1781
division (B) of section 2152.12 of the Revised Code.	1782

(J) "Drug abuse offense," "felony drug abuse offense," and	1783
"minor drug possession offense" have the same meanings as in	1784
section 2925.01 of the Revised Code.	1785

(K) "Electronic monitoring" and "electronic monitoring	1786
device" have the same meanings as in section 2929.01 of the	1787
Revised Code.	1788

(L) "Economic loss" means any economic detriment suffered by	1789
a victim of a delinquent act or juvenile traffic offense as a	1790
direct and proximate result of the delinquent act or juvenile	1791
traffic offense and includes any loss of income due to lost time	1792
at work because of any injury caused to the victim and any	1793
property loss, medical cost, or funeral expense incurred as a	1794
result of the delinquent act or juvenile traffic offense.	1795
"Economic loss" does not include non-economic loss or any punitive	1796
or exemplary damages.	1797

(M) "Firearm" has the same meaning as in section 2923.11 of	1798
the Revised Code.	1799

(N) "Juvenile traffic offender" means any child who violates	1800
any traffic law, traffic ordinance, or traffic regulation of this	1801
state, the United States, or any political subdivision of this	1802
state, other than a resolution, ordinance, or regulation of a	1803
political subdivision of this state the violation of which is	1804
required to be handled by a parking violations bureau or a joint	1805
parking violations bureau pursuant to Chapter 4521. of the Revised	1806
Code.	1807

(O) A "legitimate excuse for absence from the public school	1808
the child is supposed to attend" has the same meaning as in	1809
section 2151.011 of the Revised Code.	1810

(P) "Mandatory serious youthful offender" means a person who	1811
is eligible for a mandatory SYO and who is not transferred to	1812
adult court under a mandatory or discretionary transfer and also	1813
includes, for purposes of imposition of a mandatory serious	1814
youthful dispositional sentence under section 2152.13 of the	1815
Revised Code, a person upon whom a juvenile court is required to	1816
impose such a sentence under division (B)(3) of section 2152.121	1817
of the Revised Code.	1818

(Q) "Mandatory SYO" means a case in which the juvenile court	1819
is required to impose a mandatory serious youthful offender	1820
disposition under section 2152.13 of the Revised Code.	1821

(R) "Mandatory transfer" means that a case is required to be	1822
transferred for criminal prosecution under division (A) of section	1823
2152.12 of the Revised Code.	1824

(S) "Mental illness" has the same meaning as in section	1825
5122.01 of the Revised Code.	1826

(T) "Mentally retarded person" has the same meaning as in	1827
section 5123.01 of the Revised Code.	1828

(U) "Monitored time" and "repeat violent offender" have the	1829
same meanings as in section 2929.01 of the Revised Code.	1830

(V) "Of compulsory school age" has the same meaning as in	1831
section 3321.01 of the Revised Code.	1832

(W) "Public record" has the same meaning as in section 149.43	1833
of the Revised Code.	1834

(X) "Serious youthful offender" means a person who is	1835
eligible for a mandatory SYO or discretionary SYO but who is not	1836
transferred to adult court under a mandatory or discretionary	1837
transfer and also includes, for purposes of imposition of a	1838
mandatory serious youthful dispositional sentence under section	1839
2152.13 of the Revised Code, a person upon whom a juvenile court	1840
is required to impose such a sentence under division (B)(3) of	1841
section 2152.121 of the Revised Code.	1842

(Y) "Sexually oriented offense," "juvenile offender	1843
registrant," "child-victim oriented offense," "tier I sex	1844
offender/child-victim offender," "tier II sex	1845
offender/child-victim offender," "tier III sex	1846
offender/child-victim offender," "sexual predator," "habitual sex	1847
offender," "child-victim predator," and ~~"public registry-qualified~~	1848
~~juvenile offender registrant"~~"habitual child-victim offender"	1849
have the same meanings as in section 2950.01 of the Revised Code.	1850

(Z) "Traditional juvenile" means a case that is not	1851
transferred to adult court under a mandatory or discretionary	1852
transfer, that is eligible for a disposition under sections	1853
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1854
that is not eligible for a disposition under section 2152.13 of	1855
the Revised Code.	1856

(AA) "Transfer" means the transfer for criminal prosecution	1857
of a case involving the alleged commission by a child of an act	1858
that would be an offense if committed by an adult from the	1859
juvenile court to the appropriate court that has jurisdiction of	1860
the offense.	1861

(BB) "Category one offense" means any of the following:

1862

(1) A violation of section 2903.01 or 2903.02 of the Revised	1863
Code;	1864

(2) A violation of section 2923.02 of the Revised Code	1865
involving an attempt to commit aggravated murder or murder.	1866

(CC) "Category two offense" means any of the following:

1867

(1) A violation of section 2903.03, 2905.01, 2907.02,	1868
2909.02, 2911.01, or 2911.11 of the Revised Code;	1869

(2) A violation of section 2903.04 of the Revised Code that	1870
is a felony of the first degree;	1871

(3) A violation of section 2907.12 of the Revised Code as it	1872
existed prior to September 3, 1996.	1873

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1874
a victim of a delinquent act or juvenile traffic offense as a	1875
result of or related to the delinquent act or juvenile traffic	1876
offense, including, but not limited to, pain and suffering; loss	1877
of society, consortium, companionship, care, assistance,	1878
attention, protection, advice, guidance, counsel, instruction,	1879
training, or education; mental anguish; and any other intangible	1880
loss.	1881

Sec. 2152.14. (A)(1) The director of youth services may	1882
request the prosecuting attorney of the county in which is located	1883
the juvenile court that imposed a serious youthful offender	1884
dispositional sentence upon a person under section 2152.121 or	1885
2152.13 of the Revised Code to file a motion with that juvenile	1886
court to invoke the adult portion of the dispositional sentence if	1887
all of the following apply to the person:	1888

(a) The person is at least fourteen years of age.

1889

(b) The person is in the institutional custody, or an escapee	1890
from the custody, of the department of youth services.	1891

(c) The person is serving the juvenile portion of the serious	1892
youthful offender dispositional sentence.	1893

(2) The motion shall state that there is reasonable cause to	1894
believe that either of the following misconduct has occurred and	1895
shall state that at least one incident of misconduct of that	1896
nature occurred after the person reached fourteen years of age:	1897

(a) The person committed an act that is a violation of the	1898
rules of the institution and that could be charged as any felony	1899
or as a first degree misdemeanor offense of violence if committed	1900
by an adult.	1901

(b) The person has engaged in conduct that creates a	1902
substantial risk to the safety or security of the institution, the	1903
community, or the victim.	1904

(B) If a person is at least fourteen years of age, is serving	1905
the juvenile portion of a serious youthful offender dispositional	1906
sentence imposed under section 2152.121 or 2152.13 of the Revised	1907
Code, and is on parole or aftercare from a department of youth	1908
services facility, or on community control, the director of youth	1909
services, the juvenile court that imposed the serious youthful	1910
offender dispositional sentence on the person, or the probation	1911
department supervising the person may request the prosecuting	1912
attorney of the county in which is located the juvenile court to	1913
file a motion with the juvenile court to invoke the adult portion	1914
of the dispositional sentence. The prosecuting attorney may file a	1915
motion to invoke the adult portion of the dispositional sentence	1916
even if no request is made. The motion shall state that there is	1917
reasonable cause to believe that either of the following occurred	1918
and shall state that at least one incident of misconduct of that	1919
nature occurred after the person reached fourteen years of age:	1920

(1) The person committed an act that is a violation of the	1921
conditions of supervision and that could be charged as any felony	1922
or as a first degree misdemeanor offense of violence if committed	1923
by an adult.	1924

(2) The person has engaged in conduct that creates a	1925
substantial risk to the safety or security of the community or of	1926
the victim.	1927

(C) If the prosecuting attorney declines a request to file a	1928
motion that was made by the department of youth services or the	1929
supervising probation department under division (A) or (B) of this	1930
section or fails to act on a request made under either division by	1931
the department within a reasonable time, the department of youth	1932
services or the supervising probation department may file a motion	1933
of the type described in division (A) or (B) of this section with	1934
the juvenile court to invoke the adult portion of the serious	1935
youthful offender dispositional sentence. If the prosecuting	1936
attorney declines a request to file a motion that was made by the	1937
juvenile court under division (B) of this section or fails to act	1938
on a request from the court under that division within a	1939
reasonable time, the juvenile court may hold the hearing described	1940
in division (D) of this section on its own motion.	1941

(D) Upon the filing of a motion described in division (A),	1942
(B), or (C) of this section, the juvenile court may hold a hearing	1943
to determine whether to invoke the adult portion of a person's	1944
serious juvenile offender dispositional sentence. The juvenile	1945
court shall not invoke the adult portion of the dispositional	1946
sentence without a hearing. At the hearing the person who is the	1947
subject of the serious youthful offender disposition has the right	1948
to be present, to receive notice of the grounds upon which the	1949
adult sentence portion is sought to be invoked, to be represented	1950
by counsel including counsel appointed under Juvenile Rule 4(A),	1951
to be advised on the procedures and protections set forth in the	1952
Juvenile Rules, and to present evidence on the person's own	1953
behalf, including evidence that the person has a mental illness or	1954
is a mentally retarded person. The person may not waive the right	1955
to counsel. The hearing shall be open to the public. If the person	1956
presents evidence that the person has a mental illness or is a	1957
mentally retarded person, the juvenile court shall consider that	1958
evidence in determining whether to invoke the adult portion of the	1959
serious youthful offender dispositional sentence.	1960

(E)(1) The juvenile court may invoke the adult portion of a	1961
person's serious youthful offender dispositional sentence if the	1962
juvenile court finds all of the following on the record by clear	1963
and convincing evidence:	1964

(a) The person is serving the juvenile portion of a serious	1965
youthful offender dispositional sentence.	1966

(b) The person is at least fourteen years of age and has been	1967
admitted to a department of youth services facility, or criminal	1968
charges are pending against the person.	1969

(c) The person engaged in the conduct or acts charged under	1970
division (A), (B), or (C) of this section, and the person's	1971
conduct demonstrates that the person is unlikely to be	1972
rehabilitated during the remaining period of juvenile	1973
jurisdiction.	1974

(2) The court may modify the adult sentence the court invokes	1975
to consist of any lesser prison term that could be imposed for the	1976
offense and, in addition to the prison term or in lieu of the	1977
prison term if the prison term was not mandatory, any community	1978
control sanction that the offender was eligible to receive at	1979
sentencing.	1980

(F) If a juvenile court issues an order invoking the adult	1981
portion of a serious youthful offender dispositional sentence	1982
under division (E) of this section, the juvenile portion of the	1983
dispositional sentence shall terminate, and the department of	1984
youth services shall transfer the person to the department of	1985
rehabilitation and correction or place the person under another	1986
sanction imposed as part of the sentence. The juvenile court shall	1987
state in its order the total number of days that the person has	1988
been held in detention or in a facility operated by, or under	1989
contract with, the department of youth services under the juvenile	1990
portion of the dispositional sentence. The time the person must	1991
serve on a prison term imposed under the adult portion of the	1992
dispositional sentence shall be reduced by the total number of	1993
days specified in the order plus any additional days the person is	1994
held in a juvenile facility or in detention after the order is	1995
issued and before the person is transferred to the custody of the	1996
department of rehabilitation and correction. In no case shall the	1997
total prison term as calculated under this division exceed the	1998
maximum prison term available for an adult who is convicted of	1999
violating the same sections of the Revised Code.	2000

Any community control imposed as part of the adult sentence	2001
or as a condition of a judicial release from prison shall be under	2002
the supervision of the entity that provides adult probation	2003
services in the county. Any post-release control imposed after the	2004
offender otherwise is released from prison shall be supervised by	2005
the adult parole authority.	2006

(G) A child's attainment of eighteen or twenty-one years of	2007
age does not affect or terminate the ability or authority of the	2008
juvenile court to conduct a hearing or issue an order under this	2009
section.	2010

Sec. 2152.191. If a child is adjudicated a delinquent child	2011
for committing a sexually oriented offense or a child-victim	2012
oriented offense, if the child is fourteen years of age or older	2013
at the time of committing the offense, and if the child committed	2014
the offense on or after January 1, 2002, both of the following	2015
apply:	2016

(A) Sections 2152.82 to ~~2152.86~~2152.851 and Chapter 2950. of	2017
the Revised Code apply to the child and the adjudication.	2018

(B) In addition to any order of disposition it makes of the	2019
child under this chapter, the court may make any determination,	2020
adjudication, or order authorized under sections 2152.82 to	2021
~~2152.86~~2152.851 and Chapter 2950. of the Revised Code and shall	2022
make any determination, adjudication, or order required under	2023
those sections and that chapter.	2024

Sec. 2152.22. (A) When a child is committed to the legal	2025
custody of the department of youth services under this chapter,	2026
the juvenile court relinquishes control with respect to the child	2027
so committed, except as provided in divisions (B), (C), (D), and	2028
(H) of this section or in sections 2152.82 to ~~2152.86~~2152.851 of	2029
the Revised Code. Subject to divisions (B), (C), and (D) of this	2030
section, sections 2151.353 and 2151.412 to 2151.421 of the Revised	2031
Code, sections 2152.82 to ~~2152.86~~2152.851 of the Revised Code,	2032
and any other provision of law that specifies a different duration	2033
for a dispositional order, all other dispositional orders made by	2034
the court under this chapter shall be temporary and shall continue	2035
for a period that is designated by the court in its order, until	2036
terminated or modified by the court or until the child attains	2037
twenty-one years of age.	2038

The department shall not release the child from a department	2039
facility and as a result shall not discharge the child or order	2040
the child's release on supervised release prior to the expiration	2041
of the minimum period specified by the court in division (A)(1) of	2042
section 2152.16 of the Revised Code and any term of commitment	2043
imposed under section 2152.17 of the Revised Code or prior to the	2044
child's attainment of twenty-one years of age, except upon the	2045
order of a court pursuant to division (B), (C), or (D) of this	2046
section or in accordance with section 5139.54 of the Revised Code.	2047

(B)(1) Unless the court grants judicial release under	2048
division (D)(1)(b) of this section, the court that commits a	2049
delinquent child to the department of youth services may grant	2050
judicial release of the child to court supervision under this	2051
division during the first half of the prescribed minimum term for	2052
which the child was committed to the department or, if the child	2053
was committed to the department until the child attains twenty-one	2054
years of age, during the first half of the prescribed period of	2055
commitment that begins on the first day of commitment and ends on	2056
the child's twenty-first birthday, provided any commitment imposed	2057
under division (A), (B), (C), or (D) of section 2152.17 of the	2058
Revised Code has ended.	2059

(2) If the department desires to release a child during a	2060
period specified in division (B)(1) of this section, it shall	2061
request the court that committed the child to grant a judicial	2062
release of the child to court supervision under this division.	2063
During whichever of those periods is applicable, the child or the	2064
parents of the child also may request that court to grant a	2065
judicial release of the child to court supervision. Upon receipt	2066
of a request for a judicial release to court supervision under	2067
this division from the department, the child, or the child's	2068
parent, or upon its own motion, the court that committed the child	2069
shall do one of the following: approve the release by journal	2070
entry; schedule within thirty days after the request is received a	2071
time for a hearing on whether the child is to be released; or	2072
reject the request by journal entry without conducting a hearing.	2073

If the court rejects an initial request for a release under	2074
this division by the child or the child's parent, the child or the	2075
child's parent may make one additional request for a judicial	2076
release to court supervision within the applicable period. The	2077
additional request may be made no earlier than thirty days after	2078
the filing of the prior request for a judicial release to court	2079
supervision. Upon the filing of a second request for a judicial	2080
release to court supervision, the court shall either approve or	2081
disapprove the release by journal entry or schedule within thirty	2082
days after the request is received a time for a hearing on whether	2083
the child is to be released.	2084

(3) If a court schedules a hearing under division (B)(2) of	2085
this section, it may order the department to deliver the child to	2086
the court on the date set for the hearing and may order the	2087
department to present to the court a report on the child's	2088
progress in the institution to which the child was committed and	2089
recommendations for conditions of supervision of the child by the	2090
court after release. The court may conduct the hearing without the	2091
child being present. The court shall determine at the hearing	2092
whether the child should be granted a judicial release to court	2093
supervision.	2094

If the court approves the release under this division, it	2095
shall order its staff to prepare a written treatment and	2096
rehabilitation plan for the child that may include any conditions	2097
of the child's release that were recommended by the department and	2098
approved by the court. The committing court shall send the	2099
juvenile court of the county in which the child is placed a copy	2100
of the recommended plan. The court of the county in which the	2101
child is placed may adopt the recommended conditions set by the	2102
committing court as an order of the court and may add any	2103
additional consistent conditions it considers appropriate. If a	2104
child is granted a judicial release to court supervision, the	2105
release discharges the child from the custody of the department of	2106
youth services.	2107

(C)(1) Unless the court grants judicial release under	2108
division (D)(1)(b) of this section, the court that commits a	2109
delinquent child to the department of youth services may grant	2110
judicial release of the child to department of youth services	2111
supervision under this division during the second half of the	2112
prescribed minimum term for which the child was committed to the	2113
department or, if the child was committed to the department until	2114
the child attains twenty-one years of age, during the second half	2115
of the prescribed period of commitment that begins on the first	2116
day of commitment and ends on the child's twenty-first birthday,	2117
provided any commitment imposed under division (A), (B), (C), or	2118
(D) of section 2152.17 of the Revised Code has ended.	2119

(2) If the department desires to release a child during a	2120
period specified in division (C)(1) of this section, it shall	2121
request the court that committed the child to grant a judicial	2122
release to department of youth services supervision. During	2123
whichever of those periods is applicable, the child or the child's	2124
parent also may request the court that committed the child to	2125
grant a judicial release to department of youth services	2126
supervision. Upon receipt of a request for judicial release to	2127
department of youth services supervision, the child, or the	2128
child's parent, or upon its own motion at any time during that	2129
period, the court shall do one of the following: approve the	2130
release by journal entry; schedule a time within thirty days after	2131
receipt of the request for a hearing on whether the child is to be	2132
released; or reject the request by journal entry without	2133
conducting a hearing.	2134

If the court rejects an initial request for release under	2135
this division by the child or the child's parent, the child or the	2136
child's parent may make one or more subsequent requests for a	2137
release within the applicable period, but may make no more than	2138
one request during each period of ninety days that the child is in	2139
a secure department facility after the filing of a prior request	2140
for early release. Upon the filing of a request for release under	2141
this division subsequent to an initial request, the court shall	2142
either approve or disapprove the release by journal entry or	2143
schedule a time within thirty days after receipt of the request	2144
for a hearing on whether the child is to be released.	2145

(3) If a court schedules a hearing under division (C)(2) of	2146
this section, it may order the department to deliver the child to	2147
the court on the date set for the hearing and shall order the	2148
department to present to the court at that time a treatment plan	2149
for the child's post-institutional care. The court may conduct the	2150
hearing without the child being present. The court shall determine	2151
at the hearing whether the child should be granted a judicial	2152
release to department of youth services supervision.	2153

If the court approves the judicial release to department of	2154
youth services supervision, the department shall prepare a written	2155
treatment and rehabilitation plan for the child pursuant to	2156
division (F) of this section that shall include the conditions of	2157
the child's release. It shall send the committing court and the	2158
juvenile court of the county in which the child is placed a copy	2159
of the plan. The court of the county in which the child is placed	2160
may adopt the conditions set by the department as an order of the	2161
court and may add any additional consistent conditions it	2162
considers appropriate, provided that the court may not add any	2163
condition that decreases the level or degree of supervision	2164
specified by the department in its plan, that substantially	2165
increases the financial burden of supervision that will be	2166
experienced by the department, or that alters the placement	2167
specified by the department in its plan. If the court of the	2168
county in which the child is placed adds to the department's plan	2169
any additional conditions, it shall enter those additional	2170
conditions in its journal and shall send to the department a copy	2171
of the journal entry of the additional conditions.	2172

If the court approves the judicial release to department of	2173
youth services supervision, the actual date on which the	2174
department shall release the child is contingent upon the	2175
department finding a suitable placement for the child. If the	2176
child is to be returned to the child's home, the department shall	2177
return the child on the date that the court schedules for the	2178
child's release or shall bear the expense of any additional time	2179
that the child remains in a department facility. If the child is	2180
unable to return to the child's home, the department shall	2181
exercise reasonable diligence in finding a suitable placement for	2182
the child, and the child shall remain in a department facility	2183
while the department finds the suitable placement.	2184

(D)(1) Subject to division (D)(3) of this section, the court	2185
that commits a delinquent child to the department of youth	2186
services may grant judicial release of the child under this	2187
division at any time after the expiration of one of the following	2188
periods of time:	2189

(a) Except as otherwise provided in division (D)(1)(b) of	2190
this section, if the child was committed to the department for a	2191
prescribed minimum period and a maximum period not to exceed the	2192
child's attainment of twenty-one years, the court may grant	2193
judicial release of the child at any time after the expiration of	2194
the prescribed minimum term for which the child was committed to	2195
the department.	2196

(b) If the child was committed to the department for both one	2197
or more definite periods under division (A), (B), (C), or (D) of	2198
section 2152.17 of the Revised Code and a period of the type	2199
described in division (D)(1)(a) of this section, all of the	2200
prescribed minimum periods of commitment imposed under division	2201
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	2202
the prescribed period of commitment of the type described in	2203
division (D)(1)(a) of this section shall be aggregated for	2204
purposes of this division, and the court may grant judicial	2205
release of the child at any time after the expiration of one year	2206
after the child begins serving the aggregate period of commitment.	2207

(2) If a court grants a judicial release of a child under	2208
division (D)(1) of this section, the release shall be a judicial	2209
release to department of youth services supervision, if the	2210
release is granted during a period described in division (C)(1) of	2211
this section, and the second and third paragraphs of division	2212
(C)(3) of this section apply regarding the release. In all other	2213
cases, the release shall be a judicial release to court	2214
supervision, and the second paragraph of division (B)(3) of this	2215
section applies regarding the release.	2216

(3) A court at the time of making the disposition of a child	2217
shall provide notice in the order of disposition that the judge is	2218
retaining jurisdiction over the child for the purpose of a	2219
possible grant of judicial release of the child under division	2220
(D)(1) of this section. The failure of a court to provide this	2221
notice does not affect the authority of the court to grant a	2222
judicial release under that division and does not constitute	2223
grounds for setting aside the child's delinquent child	2224
adjudication or disposition or for granting any post-adjudication	2225
relief to the child.	2226

(4) The department of youth services, a child committed to	2227
the department, or the parents of the child, during a period	2228
specified in division (D)(1) of this section, may request the	2229
court that committed the child to grant a judicial release of the	2230
child under that division. Upon receipt of a request for judicial	2231
release of a child under this division from the department, the	2232
child, or the child's parent, or upon its own motion, the court	2233
that committed the child shall do one of the following:	2234

(a) Approve the request by journal entry;

2235

(b) Schedule within thirty days after the request is received	2236
a time for a hearing on whether the child is to be released;	2237

(c) Reject the request by journal entry without conducting a	2238
hearing.	2239

If the court rejects an initial request for a release under	2240
this division by the child or the child's parent, division (C)(2)	2241
of this section applies regarding the making of additional	2242
requests.	2243

If the court schedules a hearing under this division to	2244
consider the judicial release, the first paragraph of division	2245
(B)(3) of this section applies regarding the hearing.	2246

(E) If a child is released under division (B), (C), or (D) of	2247
this section and the court of the county in which the child is	2248
placed has reason to believe that the child's deportment is not in	2249
accordance with the conditions of the child's judicial release,	2250
the court of the county in which the child is placed shall	2251
schedule a time for a hearing to determine whether the child	2252
violated any of the post-release conditions, and, if the child was	2253
released under division (C) of this section or under division (D)	2254
of this section under department supervision, divisions (A) to (E)	2255
of section 5139.52 of the Revised Code apply regarding the child.	2256

If that court determines at the hearing that the child	2257
violated any of the post-release conditions, the court, if it	2258
determines that the violation was a serious violation, may order	2259
the child to be returned to the department for	2260
institutionalization, consistent with the original order of	2261
commitment of the child, or in any case may make any other	2262
disposition of the child authorized by law that the court	2263
considers proper. If the court of the county in which the child is	2264
placed orders the child to be returned to a department of youth	2265
services institution, the time during which the child was held in	2266
a secure department facility prior to the child's judicial release	2267
shall be considered as time served in fulfilling the prescribed	2268
period of institutionalization that is applicable to the child	2269
under the child's original order of commitment. If the court	2270
orders the child returned to a department institution, the child	2271
shall remain in institutional care for a minimum of three months	2272
or until the child successfully completes a revocation program of	2273
a duration of not less than thirty days operated either by the	2274
department or by an entity with which the department has	2275
contracted to provide a revocation program.	2276

(F) The department of youth services, prior to the release of	2277
a child pursuant to division (C) of this section or pursuant to	2278
division (D) of this section on department supervision, shall do	2279
all of the following:	2280

(1) After reviewing the child's rehabilitative progress	2281
history and medical and educational records, prepare a written	2282
treatment and rehabilitation plan for the child that includes	2283
conditions of the release;	2284

(2) Completely discuss the conditions of the plan prepared	2285
pursuant to division (F)(1) of this section and the possible	2286
penalties for violation of the plan with the child and the child's	2287
parents, guardian, or legal custodian;	2288

(3) Have the plan prepared pursuant to division (F)(1) of	2289
this section signed by the child, the child's parents, legal	2290
guardian, or custodian, and any authority or person that is to	2291
supervise, control, and provide supportive assistance to the child	2292
at the time of the child's release pursuant to division (C) or (D)	2293
of this section;	2294

(4) Prior to the child's release, file a copy of the	2295
treatment plan prepared pursuant to division (F)(1) of this	2296
section with the committing court and the juvenile court of the	2297
county in which the child is to be placed.	2298

(G) The department of youth services shall file a written	2299
progress report with the committing court regarding each child	2300
released pursuant to division (C) of this section or released	2301
pursuant to division (D) of this section on judicial release to	2302
department supervision at least once every thirty days unless	2303
specifically directed otherwise by the court. The report shall	2304
indicate the treatment and rehabilitative progress of the child	2305
and the child's family, if applicable, and shall include any	2306
suggestions for altering the program, custody, living	2307
arrangements, or treatment. The department shall retain legal	2308
custody of a child so released until it discharges the child or	2309
until the custody is terminated as otherwise provided by law.	2310

(H) When a child is committed to the legal custody of the	2311
department of youth services, the court retains jurisdiction to	2312
perform the functions specified in section 5139.51 of the Revised	2313
Code with respect to the granting of supervised release by the	2314
release authority and to perform the functions specified in	2315
section 5139.52 of the Revised Code with respect to violations of	2316
the conditions of supervised release granted by the release	2317
authority and to the revocation of supervised release granted by	2318
the release authority.	2319

Sec. 2152.82. (A) The court that adjudicates a child a	2320
delinquent child shall issue as part of the dispositional order an	2321
order that classifies the child a juvenile offender registrant and	2322
specifies that the child has a duty to comply with sections	2323
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all	2324
of the following apply:	2325

(1) The act for which the child is adjudicated a delinquent	2326
child is a sexually oriented offense or a child-victim oriented	2327
offense that the child committed on or after January 1, 2002.	2328

(2) The child was fourteen, fifteen, sixteen, or seventeen	2329
years of age at the time of committing the offense.	2330

(3) The court has determined that the child previously was	2331
adjudicated a delinquent child for committing any sexually	2332
oriented offense or child-victim oriented offense, regardless of	2333
when the prior offense was committed and regardless of the child's	2334
age at the time of committing the offense.	2335

~~(4) The court is not required to classify the child as both a~~	2336
~~juvenile offender registrant and a public registry-qualified~~	2337
~~juvenile offender registrant under section 2152.86 of the Revised~~	2338
~~Code.~~	2339

(B) An order required under division (A) of this section	2340
shall be issued at the time the judge makes the order of	2341
disposition for the delinquent child. Prior to issuing the order	2342
required by division (A) of this section, the judge shall conduct	2343
a hearing under section 2152.831 of the Revised Code to. If the	2344
child committed the delinquent act prior to January 1, 2008, at	2345
the hearing the judge shall determine pursuant to that section	2346
whether the child is a sexual predator, a habitual sex offender, a	2347
child-victim predator, or a habitual child-victim offender. If the	2348
child committed the delinquent act on or after January 1, 2008,	2349
the judge shall determine at the hearing whether the child is a	2350
tier I sex offender/child-victim offender, a tier II sex	2351
offender/child-victim offender, or a tier III sex	2352
offender/child-victim offender. If the court determines that the	2353
delinquent child to whom the order applies is a tier III sex	2354
offender/child-victim offender ~~and the child is not a public~~	2355
~~registry-qualified juvenile offender registrant~~, the judge may	2356
impose a requirement subjecting the child to the victim and	2357
community notification provisions of sections 2950.10 and 2950.11	2358
of the Revised Code. ~~When~~	2359

When a judge issues an order under division (A) of this	2360
section, all of the following apply:	2361

(1) The judge shall include in the order a statement that,	2362
upon completion of the disposition of the delinquent child that	2363
was made for the sexually oriented offense or child-victim	2364
oriented offense upon which the order is based, a hearing will be	2365
conducted, and the order and any determinations included in the	2366
order are subject to modification or termination pursuant to	2367
sections 2152.84 and 2152.85 of the Revised Code.	2368

(2) The judge shall provide to the delinquent child and to	2369
the delinquent child's parent, guardian, or custodian the notice	2370
required under divisions (A) and (B) of section 2950.03 of the	2371
Revised Code and shall provide as part of that notice a copy of	2372
the order.	2373

(3) The judge shall include the order in the delinquent	2374
child's dispositional order and shall specify in the dispositional	2375
order that the order issued under division (A) of this section was	2376
made pursuant to this section.	2377

(4) If the delinquent child committed the delinquent act on	2378
or after January 1, 2008, if the court determines that the	2379
delinquent child to whom the order applies is a tier III sex	2380
offender/child-victim offender, ~~if the child is not a public~~	2381
~~registry-qualified juvenile offender registrant,~~ and if the judge	2382
imposes a requirement subjecting the child to the victim and	2383
community notification provisions of sections 2950.10 and 2950.11	2384
of the Revised Code, the judge shall include the requirement in	2385
the order.	2386

(5) ~~The~~If the delinquent child committed the delinquent act	2387
on or after January 1, 2008, the court shall include in the order	2388
its determination made at the hearing held under section 2151.831	2389
of the Revised Code as to whether the delinquent child is a tier I	2390
sex offender/child-victim offender, a tier II sex	2391
offender/child-victim offender, or a tier III sex	2392
offender/child-victim offender.	2393

(6) If the delinquent child committed the delinquent act	2394
prior to January 1, 2008, the court shall include in the order any	2395
determination that the delinquent child is a sexual predator or	2396
child-victim predator or is a habitual sex offender or habitual	2397
child-victim offender that the judge makes pursuant to division	2398
(B) or (E) of section 2950.09 or 2950.091 of the Revised Code and	2399
any related information required or authorized under the division	2400
under which the determination is made, including, but not limited	2401
to, any requirements imposed by the court subjecting a child who	2402
is a habitual sex offender or habitual child-victim offender to	2403
community notification as described in division (E) of section	2404
2950.09 or division (E) of section 2950.091 of the Revised Code.	2405

(C) ~~Except as provided in division (D) of this section, an~~	2406
An order issued under division (A) of this section and any	2407
determinations included in the order shall remain in effect for	2408
the period of time specified in section 2950.07 of the Revised	2409
Code, subject to a modification or termination of the order under	2410
section 2152.84 or 2152.85 of the Revised Code, and section	2411
2152.851 of the Revised Code applies regarding the order and the	2412
determinations. If an order is issued under division (A) of this	2413
section, the child's attainment of eighteen or twenty-one years of	2414
age does not affect or terminate the order, and the order remains	2415
in effect for the period of time described in this division.	2416

(D) ~~If a court issues an order under division (A) of this~~	2417
~~section before January 1, 2008, not later than February 1, 2008,~~	2418
~~the court shall terminate the order and issue a new order that~~	2419
~~reclassifies the child as both a juvenile offender registrant and~~	2420
~~a public registry-qualified juvenile offender registrant pursuant~~	2421
~~to section 2152.86 of the Revised Code if the court imposed on the~~	2422
~~child a serious youthful offender dispositional sentence under~~	2423
~~section 2152.13 of the Revised Code and if the act that was the~~	2424
~~basis of the classification of the delinquent child as a juvenile~~	2425
~~offender registrant and is the basis of the serious youthful~~	2426
~~offender dispositional sentence is any of the following:~~	2427

~~(1) Committing, attempting to commit, conspiring to commit,~~	2428
~~or complicity in committing a violation of section 2907.02 of the~~	2429
~~Revised Code, division (B) of section 2907.05 of the Revised Code,~~	2430
~~or section 2907.03 of the Revised Code if the victim of the~~	2431
~~violation was less than twelve years of age;~~	2432

~~(2) Committing, attempting to commit, conspiring to commit,~~	2433
~~or complicity in committing a violation of section 2903.01,~~	2434
~~2903.02, or 2905.01 of the Revised Code that was committed with a~~	2435
~~purpose to gratify the sexual needs or desires of the child~~A	2436
child's attainment of eighteen or twenty-one years of age does not	2437
affect or terminate the ability of the juvenile court to conduct a	2438
hearing under this section with respect to the child.	2439

Sec. 2152.83. (A)(1) The court that adjudicates a child a	2440
delinquent child shall issue as part of or subsequent to the	2441
dispositional order or, if the court commits the child for the	2442
delinquent act to the custody of a secure facility, shall issue at	2443
the time of or subsequent to the child's release from the secure	2444
facility an order that classifies the child a juvenile offender	2445
registrant and specifies that the child has a duty to comply with	2446
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2447
Code if all of the following apply:	2448

(a) The act for which the child is or was adjudicated a	2449
delinquent child is a sexually oriented offense or a child-victim	2450
oriented offense that the child committed on or after January 1,	2451
2002.	2452

(b) The child was sixteen or seventeen years of age at the	2453
time of committing the offense.	2454

(c) The court was not required to classify the child a	2455
juvenile offender registrant under section 2152.82 of the Revised	2456
Code ~~or as both a juvenile offender registrant and a public~~	2457
~~registry-qualified juvenile offender registrant under section~~	2458
~~2152.86 of the Revised Code~~.	2459

(2) Prior to issuing the order required by division (A)~~(2)~~(1)	2460
of this section, the judge shall conduct a hearing under section	2461
2152.831 of the Revised Code~~, except as otherwise provided in that~~	2462
~~section, to~~. If the child committed the delinquent act prior to	2463
January 1, 2008, at the hearing the judge shall determine pursuant	2464
to that section whether the child is a sexual predator, a habitual	2465
sex offender, a child-victim predator, or a habitual child-victim	2466
offender. If the child committed the delinquent act on or after	2467
January 1, 2008, the judge shall determine whether the child is a	2468
tier I sex offender/child-victim offender, a tier II sex	2469
offender/child-victim offender, or a tier III sex	2470
offender/child-victim offender. ~~When~~	2471

When a judge issues an order under division (A)(1) of this	2472
section, the judge shall include in the order the determinations	2473
identified in division (B)(5) or (6) of section 2152.82 of the	2474
Revised Code, whichever is applicable.	2475

(B)(1) The court that adjudicates a child a delinquent child,	2476
on the judge's own motion, may conduct at the time of or	2477
subsequent to the disposition of the child or, if the court	2478
commits the child for the delinquent act to the custody of a	2479
secure facility, may conduct at the time of or subsequent to the	2480
child's release from the secure facility a hearing for the	2481
purposes described in division (B)(2) of this section if all of	2482
the following apply:	2483

(a) The act for which the child is adjudicated a delinquent	2484
child is a sexually oriented offense or a child-victim oriented	2485
offense that the child committed on or after January 1, 2002.	2486

(b) The child was fourteen or fifteen years of age at the	2487
time of committing the offense.	2488

(c) The court was not required to classify the child a	2489
juvenile offender registrant under section 2152.82 of the Revised	2490
Code ~~or as both a juvenile offender registrant and a public~~	2491
~~registry-qualified juvenile offender registrant under section~~	2492
~~2152.86 of the Revised Code~~.	2493

(2) A judge shall conduct a hearing under division (B)(1) of	2494
this section to review the effectiveness of the disposition made	2495
of the child and of any treatment provided for the child placed in	2496
a secure setting and to determine whether the child should be	2497
classified a juvenile offender registrant. The judge may conduct	2498
the hearing on the judge's own initiative or based upon a	2499
recommendation of an officer or employee of the department of	2500
youth services, a probation officer, an employee of the court, or	2501
a prosecutor or law enforcement officer. If the judge conducts the	2502
hearing, upon completion of the hearing, the judge, in the judge's	2503
discretion and after consideration of the factors listed in	2504
division (E) of this section, shall do either of the following:	2505

(a) Decline to issue an order that classifies the child a	2506
juvenile offender registrant and specifies that the child has a	2507
duty to comply with sections 2950.04, 2950.041, 2950.05, and	2508
2950.06 of the Revised Code;	2509

(b) Issue an order that classifies the child a juvenile	2510
offender registrant ~~and~~, specifies that the child has a duty to	2511
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2512
the Revised Code, and that does whichever of the following is	2513
applicable:	2514

(i) If the delinquent child committed the delinquent act	2515
prior to January 1, 2008, states the judge's determination made at	2516
the hearing held pursuant to section 2152.831 of the Revised Code	2517
whether the child is a sexual predator, child-victim predator,	2518
habitual sex offender, or habitual child-victim offender,	2519
whichever is applicable;	2520

(ii) If the delinquent child committed the delinquent act on	2521
or after January 1, 2008, states the judge's determination ~~that~~	2522
~~the judge makes~~made at the hearing held pursuant to section	2523
2152.831 of the Revised Code ~~as to~~ whether the child is a tier I	2524
sex offender/child-victim offender, a tier II sex	2525
offender/child-victim offender, or a tier III sex	2526
offender/child-victim offender.	2527

(C)(1) Prior to issuing an order under division (B)(2)(b) of	2528
this section, the judge shall conduct a hearing under section	2529
2152.831 of the Revised Code to. If the child committed the	2530
delinquent act prior to January 1, 2008, at the hearing the judge	2531
shall determine pursuant to that section whether the child is a	2532
sexual predator, a habitual sex offender, a child-victim predator,	2533
or a habitual child-victim offender. If the child committed the	2534
delinquent act on or after January 1, 2008, the judge shall	2535
determine whether the child is a tier I sex offender/child-victim	2536
offender, a tier II sex offender/child-victim offender, or a tier	2537
III sex offender/child-victim offender. The judge may hold the	2538
hearing at the same time as the hearing under division (B) of this	2539
section.	2540

(2) If a judge issues an order under division (A) or (B) of	2541
this section with respect to a delinquent child who committed the	2542
delinquent act on or after January 1, 2008, and the court	2543
determines that the delinquent child to whom the order applies is	2544
a tier III sex offender/child-victim offender ~~and the child is not~~	2545
~~a public registry-qualified juvenile offender registrant~~, the	2546
judge may impose a requirement subjecting the child to the victim	2547
and community notification provisions of sections 2950.10 and	2548
2950.11 of the Revised Code. If the judge imposes a requirement	2549
subjecting the child to the victim and community notification	2550
provisions of sections 2950.10 and 2950.11 of the Revised Code,	2551
the judge shall include the requirement in the order.	2552

If a judge issues an order under division (A) or (B) of this	2553
section with respect to a delinquent child who committed the	2554
delinquent act prior to January 1, 2008, and the court determines	2555
that the delinquent child to whom the order applies is a habitual	2556
sex offender or habitual child-victim offender, the judge may	2557
impose a requirement subjecting the child to community	2558
notification as described in division (E) of section 2950.09 or	2559
division (E) of section 2950.091 of the Revised Code, whichever is	2560
applicable. If the judge imposes a requirement subjecting the	2561
child to community notification, the judge shall include the	2562
requirement in the order.	2563

(3) If a judge issues an order under division (A) or (B) of	2564
this section, the judge shall provide to the delinquent child and	2565
to the delinquent child's parent, guardian, or custodian a copy of	2566
the order and a notice containing the information described in	2567
divisions (A) and (B) of section 2950.03 of the Revised Code. The	2568
judge shall provide the notice at the time of the issuance of the	2569
order and shall comply with divisions (B) and (C) of that section	2570
regarding that notice and the provision of it.	2571

The judge also shall include in the order a statement that,	2572
upon completion of the disposition of the delinquent child that	2573
was made for the sexually oriented offense or child-victim	2574
oriented offense upon which the order is based, a hearing will be	2575
conducted and the order is subject to modification or termination	2576
pursuant to section 2152.84 of the Revised Code.	2577

(D) In making a decision under division (B) of this section	2578
as to whether a delinquent child should be classified a juvenile	2579
offender registrant, and, with respect to a delinquent child who	2580
committed the delinquent act prior to January 1, 2008, whether the	2581
child also is a sexual predator, child-victim predator, habitual	2582
sex offender, or habitual child-victim offender, a judge shall	2583
consider all relevant factors, including, but not limited to, all	2584
of the following:	2585

(1) The nature of the sexually oriented offense or the	2586
child-victim oriented offense committed by the child;	2587

(2) Whether the child has shown any genuine remorse or	2588
compunction for the offense;	2589

(3) The public interest and safety;

2590

(4) The factors set forth in division (K) of section 2950.11	2591
of the Revised Code with respect to a delinquent child who	2592
committed the delinquent act on or after January 1, 2008, provided	2593
that references in the factors as set forth in that division to	2594
"the offender" shall be construed for purposes of this division to	2595
be references to "the delinquent child;," and the factors set	2596
forth in division (B)(3) of section 2950.09 or division (B)(3) of	2597
section 2950.091 of the Revised Code, whichever is applicable,	2598
with respect to a delinquent child who committed the delinquent	2599
act prior to January 1, 2008;	2600

(5) The factors set forth in divisions (B) and (C) of section	2601
2929.12 of the Revised Code as those factors apply regarding the	2602
delinquent child, the offense, and the victim;	2603

(6) The results of any treatment provided to the child and of	2604
any follow-up professional assessment of the child.	2605

(E) An order issued under division (A) or (B) of this section	2606
and any determinations included in the order shall remain in	2607
effect for the period of time specified in section 2950.07 of the	2608
Revised Code, subject to a modification or termination of the	2609
order under section 2152.84 of the Revised Code, and section	2610
2152.851 of the Revised Code applies regarding the order and the	2611
determinations. The child's attainment of eighteen or twenty-one	2612
years of age does not affect or terminate the order, and the order	2613
remains in effect for the period of time described in this	2614
division.	2615

(F) ~~If a court issues an order under division (A) or (B) of~~	2616
~~this section before January 1, 2008, not later than February 1,~~	2617
~~2008, the court shall terminate the order and issue a new order~~	2618
~~that reclassifies the child as both a juvenile offender registrant~~	2619
~~and a public registry-qualified juvenile offender registrant~~	2620
~~pursuant to section 2152.86 of the Revised Code if the court~~	2621
~~imposed on the child a serious youthful offender dispositional~~	2622
~~sentence under section 2152.13 of the Revised Code and if the act~~	2623
~~that was the basis of the classification of the delinquent child~~	2624
~~as a juvenile offender registrant and is the basis of the serious~~	2625
~~youthful offender dispositional sentence is any of the following:~~	2626

~~(1) Committing, attempting to commit, conspiring to commit,~~	2627
~~or complicity in committing a violation of section 2907.02 of the~~	2628
~~Revised Code, division (B) of section 2907.05 of the Revised Code,~~	2629
~~or section 2907.03 of the Revised Code if the victim of the~~	2630
~~violation was less than twelve years of age;~~	2631

~~(2) Committing, attempting to commit, conspiring to commit,~~	2632
~~or complicity in committing a violation of section 2903.01,~~	2633
~~2903.02, or 2905.01 of the Revised Code that was committed with a~~	2634
~~purpose to gratify the sexual needs or desires of the child~~A	2635
child's attainment of eighteen or twenty-one years of age does not	2636
affect or terminate the ability or authority of the juvenile court	2637
to conduct a hearing or issue an order under this section.	2638

(G) As used in this section, "secure facility" has the same	2639
meaning as in section 2950.01 of the Revised Code.	2640

Sec. 2152.831. (A) If, on or after January 1, 2008, a	2641
juvenile court adjudicates a child a delinquent child and	2642
classifies the child a juvenile offender registrant pursuant to	2643
section 2152.82 or 2152.83 of the Revised Code, before issuing the	2644
order that classifies the child a juvenile offender registrant the	2645
court shall conduct a hearing to. If the child committed the	2646
delinquent act prior to January 1, 2008, at the hearing the judge	2647
shall determine pursuant to divisions (B) and (E) of section	2648
2950.09 or divisions (B) and (E) of section 2950.091 of the	2649
Revised Code, whichever are applicable, whether the child is a	2650
sexual predator, a habitual sex offender, a child-victim predator,	2651
or a habitual child-victim offender and shall otherwise comply	2652
with those divisions. If the child committed the delinquent act on	2653
or after January 1, 2008, at the hearing the judge shall determine	2654
whether to classify the child a tier I sex offender/child-victim	2655
offender, a tier II sex offender/child-victim offender, or a tier	2656
III sex offender/ child-victim offender.	2657

(B)(1) When a judge issues an order under section 2152.82 or	2658
2152.83 of the Revised Code that classifies a delinquent child a	2659
juvenile offender registrant, in addition to the other statements	2660
and information required by the section under which the order is	2661
issued, the judge shall include in the order its determination	2662
made under division (A) of this section as to whichever of the	2663
following is applicable:	2664

(a) If the child committed the delinquent act prior to	2665
January 1, 2008, whether the child is a sexual predator, a	2666
child-victim predator, a habitual sex offender, or a habitual	2667
child-victim offender;	2668

(b) If the child committed the delinquent act on or after	2669
January 1, 2008, whether the child is a tier I sex	2670
offender/child-victim offender, a tier II sex	2671
offender/child-victim offender, or a tier III sex	2672
offender/child-victim offender. ~~When~~	2673

(2) When a judge issues an order under section 2152.84 or	2674
2152.85 of the Revised Code that reclassifies a delinquent child	2675
who committed the delinquent act on or after January 1, 2008, from	2676
one tier of sex offender/child-victim offender to a different tier	2677
of sex offender/child-victim offender, in addition to the other	2678
statements and information required by the section under which the	2679
order is issued, the judge shall include in the order its	2680
determination as to the reclassification of the child and the tier	2681
to which the child is reclassified.	2682

When a judge issues an order under section 2152.84 or 2152.85	2683
of the Revised Code that reclassifies a delinquent child who	2684
committed the delinquent act prior to January 1, 2008, from a	2685
classification of sexual predator, child-victim predator, habitual	2686
sex offender, or habitual child-victim offender to one of those	2687
other classifications, that removes a child from one of those	2688
classifications and specifies that the child remains a juvenile	2689
offender registrant, or that specifies that the child no longer is	2690
a juvenile offender registrant, in addition to the other	2691
statements and information required by the section under which the	2692
order is issued, the judge shall include in the order its	2693
determination as to the reclassification, retention, or removal of	2694
the child and, if reclassified, the new classification of the	2695
child.	2696

(C) ~~The provisions of this section do not apply to a~~	2697
~~delinquent child if the court is required to classify the child as~~	2698
~~both a juvenile offender registrant and a public~~	2699
~~registry-qualified juvenile offender registrant pursuant to~~	2700
~~section 2152.86 of the Revised Code~~A child's attainment of	2701
eighteen or twenty-one years of age does not affect or terminate	2702
the ability or authority of the juvenile court to conduct a	2703
hearing or issue an order under this section.	2704

Sec. 2152.84. (A)(1) When a juvenile court judge issues an	2705
order under section 2152.82 or division (A) or (B) of section	2706
2152.83 of the Revised Code that classifies a delinquent child a	2707
juvenile offender registrant and specifies that the child has a	2708
duty to comply with sections 2950.04, 2950.041, 2950.05, and	2709
2950.06 of the Revised Code, upon completion of the disposition of	2710
that child made for the sexually oriented offense or the	2711
child-victim oriented offense on which the juvenile offender	2712
registrant order was based, the judge or the judge's successor in	2713
office shall conduct a hearing to review the effectiveness of the	2714
disposition and of any treatment provided for the child, to	2715
determine the risks that the child might re-offend, and to	2716
determine whether the prior classification of the child as a	2717
juvenile offender registrant should be continued or terminated as	2718
provided under division (A)(2) of this section~~, and to~~. If the	2719
delinquent child committed the delinquent act on or after January	2720
1, 2008, at the hearing the court also shall determine whether its	2721
prior determination made at the hearing held pursuant to section	2722
2152.831 of the Revised Code as to whether the child is a tier I	2723
sex offender/child-victim offender, a tier II sex	2724
offender/child-victim offender, or a tier III sex	2725
offender/child-victim offender should be continued or modified as	2726
provided under division (A)(2) of this section. If the delinquent	2727
child committed the delinquent act prior to January 1, 2008, at	2728
the hearing the court also shall determine, if applicable, whether	2729
the prior classification of the child as a sexual predator,	2730
child-victim predator, habitual sex offender, or habitual	2731
child-victim offender should be continued, modified, or terminated	2732
as provided under division (A)(2) of this section.	2733

(2) Upon completion of a hearing under division (A)(1) of	2734
this section, the judge, in the judge's discretion and after	2735
consideration of all relevant factors, including but not limited	2736
to, the factors listed in division (D) of section 2152.83 of the	2737
Revised Code, shall do one of the following as applicable:	2738

(a) If the delinquent child committed the delinquent act	2739
prior to January 1, 2008, the court shall do one of the following	2740
as applicable:	2741

(i) Enter an order that continues the classification of the	2742
delinquent child as a juvenile offender registrant made in the	2743
prior order issued under section 2152.82 or division (A) or (B) of	2744
section 2152.83 of the Revised Code and continues any sexual	2745
predator, child-victim predator, habitual sex offender, or	2746
habitual child-victim offender determination included in the	2747
order;	2748

(ii) If the prior order was issued under section 2152.82 or	2749
division (A) of section 2152.83 of the Revised Code and includes a	2750
determination by the judge that the delinquent child is a sexual	2751
predator or child-victim predator, enter, as applicable, an order	2752
that contains a determination that the child no longer is a sexual	2753
predator, all reasons for that determination, and either a	2754
determination that the child is a habitual sex offender or a	2755
determination that the child remains a juvenile offender	2756
registrant but is not a sexual predator or habitual sex offender,	2757
or enter an order that contains a determination that the child no	2758
longer is a child-victim predator, all reasons for that	2759
determination, and either a determination that the child is a	2760
habitual child-victim offender or a determination that the child	2761
remains a juvenile offender registrant but is not a child-victim	2762
predator or habitual child-victim offender;	2763

(iii) If the prior order was issued under section 2152.82 or	2764
division (A) of section 2152.83 of the Revised Code and does not	2765
include a sexual predator or child-victim predator determination	2766
as described in division (A)(2)(b)(ii) of this section but	2767
includes a determination by the judge that the delinquent child is	2768
a habitual sex offender or a habitual child-victim offender,	2769
enter, as applicable, an order that contains a determination that	2770
the child no longer is a habitual sex offender and a determination	2771
that the child remains a juvenile offender registrant and is not a	2772
habitual child-victim offender, or enter an order that contains a	2773
determination that the child no longer is a habitual child-victim	2774
offender and a determination that the child remains a juvenile	2775
offender registrant but is not a habitual sex offender;	2776

(iv) If the prior order was issued under division (B) of	2777
section 2152.83 of the Revised Code and includes a determination	2778
by the judge that the delinquent child is a sexual predator or	2779
child-victim predator, enter, as applicable, an order that	2780
contains a determination that the child no longer is a sexual	2781
predator, all reasons for that determination, and either a	2782
determination that the child is a habitual sex offender, a	2783
determination that the child remains a juvenile offender	2784
registrant but is not a sexual predator or habitual sex offender,	2785
or a determination that the child no longer is a juvenile offender	2786
registrant and no longer has a duty to comply with sections	2787
2950.04, 2950.05, and 2950.06 of the Revised Code, or enter an	2788
order that contains a determination that the child no longer is a	2789
child-victim predator, all reasons for that determination, and	2790
either a determination that the child is a habitual child-victim	2791
offender, a determination that the child remains a juvenile	2792
offender registrant but is not a child-victim predator or habitual	2793
child-victim offender, or a determination that the child no longer	2794
is a juvenile offender registrant and no longer has a duty to	2795
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised	2796
Code;	2797

(v) If the prior order was issued under division (B) of	2798
section 2152.83 of the Revised Code and does not include a sexual	2799
predator or child-victim predator determination as described in	2800
division (A)(2)(b)(iv) of this section but includes a	2801
determination by the judge that the delinquent child is a habitual	2802
sex offender or habitual child-victim offender, enter, as	2803
applicable, an order that contains a determination that the child	2804
no longer is a habitual sex offender and either a determination	2805
that the child remains a juvenile offender registrant but is not a	2806
sexual predator or habitual sex offender or a determination that	2807
the child no longer is a juvenile offender registrant and no	2808
longer has a duty to comply with sections 2950.04, 2950.05, and	2809
2950.06 of the Revised Code, or enter an order that contains a	2810
determination that the child no longer is a habitual child-victim	2811
offender and either a determination that the child remains a	2812
juvenile offender registrant but is not a child-victim predator or	2813
habitual child-victim offender or a determination that the child	2814
no longer is a juvenile offender registrant and no longer has a	2815
duty to comply with sections 2950.041, 2950.05, and 2950.06 of the	2816
Revised Code;	2817

(vi) If the prior order was issued under division (B) of	2818
section 2152.83 of the Revised Code and does not include a sexual	2819
predator or child-victim predator determination or a habitual sex	2820
offender or habitual child-victim offender determination as	2821
described in divisions (A)(2)(b)(iv) and (v) of this section,	2822
enter an order that contains a determination that the delinquent	2823
child no longer is a juvenile offender registrant and no longer	2824
has a duty to comply, as applicable, with sections 2950.04,	2825
2950.05, and 2950.06 of the Revised Code or with sections	2826
2950.041, 2950.05, and 2950.06 of the Revised Code.	2827

(b) If the delinquent child committed the delinquent act on	2828
or after January 1, 2008, the court shall do one of the following	2829
as applicable:	2830

(i) Enter an order that continues the classification of the	2831
delinquent child as a juvenile offender registrant made in the	2832
prior order issued under section 2152.82 or division (A) or (B) of	2833
section 2152.83 of the Revised Code and the prior determination	2834
included in the order that the child is a tier I sex	2835
offender/child-victim offender, a tier II sex	2836
offender/child-victim offender, or a tier III sex	2837
offender/child-victim offender, whichever is applicable;	2838

~~(b)~~(ii) If the prior order was issued under division (B) of	2839
section 2152.83 of the Revised Code, enter an order that contains	2840
a determination that the delinquent child no longer is a juvenile	2841
offender registrant and no longer has a duty to comply with	2842
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2843
Code. An order issued under division (A)(2)(b)(ii) of this section	2844
also terminates all prior determinations that the child is a tier	2845
I sex offender/child-victim offender, a tier II sex	2846
offender/child-victim offender, or a tier III sex	2847
offender/child-victim offender, whichever is applicable. Division	2848
(A)(2)(b)(ii) of this section does not apply to a prior order	2849
issued under section 2152.82 or division (A) of section 2152.83 of	2850
the Revised Code.	2851

~~(c)~~(iii) If the prior order was issued under section 2152.82	2852
or division (A) or (B) of section 2152.83 of the Revised Code,	2853
enter an order that continues the classification of the delinquent	2854
child as a juvenile offender registrant made in the prior order	2855
issued under section 2152.82 or division (A) or (B) of section	2856
2152.83 of the Revised Code, and that modifies the prior	2857
determination made at the hearing held pursuant to section	2858
2152.831 of the Revised Code that the child is a tier I sex	2859
offender/child-victim offender, a tier II sex	2860
offender/child-victim offender, or a tier III sex	2861
offender/child-victim offender, whichever is applicable. An order	2862
issued under division (A)(2)~~(c)~~(b)(iii) of this section shall not	2863
include a determination that increases to a higher tier the tier	2864
classification of the delinquent child. An order issued under	2865
division (A)(2)~~(c)~~(b)(iii) of this section shall specify the new	2866
determination made by the court at a hearing held pursuant to	2867
division (A)(1) of this section as to whether the child is a tier	2868
I sex offender/child-victim offender, a tier II sex	2869
offender/child-victim offender, or a tier III sex	2870
offender/child-victim offender, whichever is applicable.	2871

(B)(1)(a) If a judge issues an order under division	2872
(A)(2)(a)(i) of this section that continues the prior	2873
classification of the delinquent child as a juvenile offender	2874
registrant and continues any sexual predator, habitual sex	2875
offender, child-victim predator, or habitual child-victim offender	2876
determination included in the order, the prior classification and	2877
the prior determination, if applicable, shall remain in effect.	2878

(b) If a judge issues an order under division (A)(2)~~(a)~~(b)(i)	2879
of this section that continues the prior classification of the	2880
delinquent child as a juvenile offender registrant and the prior	2881
determination included in the order that the child is a tier I sex	2882
offender/child-victim offender, a tier II sex	2883
offender/child-victim offender, or a tier III sex	2884
offender/child-victim offender, whichever is applicable, the prior	2885
classification and the prior determination shall remain in effect.	2886

(2)(a) A judge may issue an order under division (A)(2)(a) of	2887
this section that contains a determination that a child no longer	2888
is a sexual predator or no longer is a child-victim predator only	2889
if the judge, in accordance with the procedures specified in	2890
division (D)(1) of section 2950.09 of the Revised Code regarding a	2891
sexual predator, determines at the hearing by clear and convincing	2892
evidence that the delinquent child is unlikely to commit a	2893
sexually oriented offense in the future, or the judge, in	2894
accordance with the procedures specified in division (D)(1) of	2895
section 2950.091 of the Revised Code regarding a child-victim	2896
predator, determines at the hearing by clear and convincing	2897
evidence that the delinquent child is unlikely to commit a	2898
child-victim oriented offense in the future. If the judge issues	2899
an order of that type, the judge shall provide the notifications	2900
described in division (D)(1) of section 2950.09 or division (D)(1)	2901
of section 2950.091 of the Revised Code, whichever is applicable,	2902
and the recipient of the notification shall comply with the	2903
provisions of that division.	2904

A judge may not issue an order under division (A)(2)(a) of	2905
this section that reclassifies a child from a habitual sex	2906
offender or habitual child-victim offender classification to a	2907
sexual predator or child-victim predator classification or that	2908
reclassifies a child from a juvenile offender registrant	2909
classification to a sexual predator, child-victim predator,	2910
habitual sex offender, or habitual child-victim offender	2911
classification.	2912

(b) A judge may issue an order under division	2913
(A)(2)~~(c)~~(b)(iii) of this section that contains a determination	2914
that reclassifies a child from a tier III sex	2915
offender/child-victim offender classification to a tier II sex	2916
offender/child-victim offender classification or to a tier I sex	2917
offender/child-victim offender classification.	2918

A judge may issue an order under division (A)(2)~~(c)~~(b)(iii)	2919
of this section that contains a determination that reclassifies a	2920
child from a tier II sex offender/child-victim offender	2921
classification. A judge may not issue an order under that division	2922
that contains a determination that reclassifies a child from a	2923
tier II sex offender/child-victim offender classification to a	2924
tier III sex offender/child-victim offender classification.	2925

A judge may not issue an order under division	2926
(A)(2)~~(c)~~(b)(iii) of this section that contains a determination	2927
that reclassifies a child from a tier I sex offender/child-victim	2928
offender classification to a tier II sex offender/child-victim	2929
offender classification or to a tier III sex offender/child-victim	2930
offender classification.	2931

If a judge issues an order under this division that contains	2932
a determination that reclassifies a child, the judge shall provide	2933
a copy of the order to the delinquent child and the bureau of	2934
criminal identification and investigation, and the bureau, upon	2935
receipt of the copy of the order, promptly shall notify the	2936
sheriff with whom the child most recently registered under section	2937
2950.04 or 2950.041 of the Revised Code of the determination and	2938
reclassification.	2939

(3) If a judge issues an order under division (A)(2)(b)(ii)	2940
of this section that declassifies the delinquent child as a	2941
juvenile offender registrant, or if a judge issues an order under	2942
division (A)(2)(a) of this section that reclassifies the	2943
delinquent child other than as described in division (B)(1)(a) or	2944
(2)(a) of this section, the judge shall provide a copy of the	2945
order to the bureau of criminal identification and investigation,	2946
and the bureau, upon receipt of the copy of the order, promptly	2947
shall notify the sheriff with whom the child most recently	2948
registered under section 2950.04 or 2950.041 of the Revised Code	2949
of the declassification or reclassification, whichever is	2950
applicable.	2951

(C) If a judge issues an order under ~~division~~divisions	2952
(A)(2)(a)~~, (b), or (c)~~(i) to (vi) or divisions (A)(2)(b)(i) to	2953
(iii) of this section, the judge shall provide to the delinquent	2954
child and to the delinquent child's parent, guardian, or custodian	2955
a copy of the order and, if applicable, a notice containing the	2956
information described in divisions (A) and (B) of section 2950.03	2957
of the Revised Code. The judge shall provide the notice at the	2958
time of the issuance of the order and shall comply with divisions	2959
(B) and (C) of that section regarding that notice and the	2960
provision of it.	2961

(D) An order issued under division (A)(2)(a)(i) or ~~(c)~~(vi) or	2962
division (A)(2)(b)(i) or (iii) of this section and any	2963
determinations included in the order shall remain in effect for	2964
the period of time specified in section 2950.07 of the Revised	2965
Code, subject to a modification or termination of the order under	2966
section 2152.85 of the Revised Code, and section 2152.851 of the	2967
Revised Code applies regarding the order and the determinations.	2968
If an order is issued under division (A)(2)(a)(i) or ~~(c)~~(vi) or	2969
division (A)(2)(b)(i) or (iii) of this section, the child's	2970
attainment of eighteen or twenty-one years of age does not affect	2971
or terminate the order, and the order remains in effect for the	2972
period of time described in this division.	2973

(E) ~~The provisions of this section do not apply to a~~	2974
~~delinquent child who is classified as both a juvenile offender~~	2975
~~registrant and a public registry-qualified juvenile offender~~	2976
~~registrant pursuant to section 2152.86 of the Revised Code~~In	2977
making a decision under division (A) of this section with respect	2978
to a delinquent child who committed the delinquent act prior to	2979
January 1, 2008, a judge shall consider all relevant factors,	2980
including, but not limited to, the factors listed in division (D)	2981
of section 2152.83 of the Revised Code.	2982

(F) A child's attainment of eighteen or twenty-one years of	2983
age does not affect or terminate the ability or authority of the	2984
juvenile court to conduct a hearing or issue an order under this	2985
section.	2986

Sec. 2152.85. (A) Regardless of when the delinquent child was	2987
classified a juvenile offender registrant, upon the expiration of	2988
the applicable period of time specified in division (B)(1), (2),	2989
or (3), (4), (5), or (6) of this section, a delinquent child who	2990
has been classified pursuant to this section or section 2152.82 or	2991
2152.83 of the Revised Code a juvenile offender registrant may	2992
petition the judge who made the classification, or that judge's	2993
successor in office, to do one of the following:	2994

(1) If the delinquent child committed the delinquent act	2995
prior to January 1, 2008, if the order containing the juvenile	2996
offender registrant classification also includes a determination	2997
by the juvenile court judge that the delinquent child is a sexual	2998
predator or child-victim predator in the manner described in	2999
section 2152.82 or 2152.83 of the Revised Code, and if that	3000
determination remains in effect, enter, as applicable, either of	3001
the following:	3002

(a) An order that contains a determination that the child no	3003
longer is a sexual predator, all reasons for that determination,	3004
and either a determination that the child is a habitual sex	3005
offender or a determination that the child remains a juvenile	3006
offender registrant but is not a sexual predator or habitual sex	3007
offender;	3008

(b) An order that contains a determination that the child no	3009
longer is a child-victim predator, all reasons for that	3010
determination, and either a determination that the child is a	3011
habitual child-victim offender or a determination that the child	3012
remains a juvenile offender registrant but is not a child-victim	3013
predator or habitual child-victim offender.	3014

(2) If the delinquent child committed the delinquent act	3015
prior to January 1, 2008, if the order containing the juvenile	3016
offender registrant classification under section 2152.82 or	3017
2152.83 of the Revised Code or under division (C)(2) of this	3018
section pursuant to a petition filed under division (A) of this	3019
section does not include a sexual predator or child-victim	3020
predator determination as described in division (A)(1) of this	3021
section but includes a determination by the juvenile court judge	3022
that the delinquent child is a habitual sex offender or a habitual	3023
child-victim offender in the manner described in section 2152.82	3024
or 2152.83 of the Revised Code or in this section, and if that	3025
determination remains in effect, enter, as applicable, either of	3026
the following:	3027

(a) An order that contains a determination that the child no	3028
longer is a habitual sex offender and either a determination that	3029
the child remains a juvenile offender registrant or a	3030
determination that the child no longer is a juvenile offender	3031
registrant and no longer has a duty to comply with sections	3032
2950.04, 2950.05, and 2950.06 of the Revised Code;	3033

(b) An order that contains a determination that the child no	3034
longer is a habitual child-victim offender and either a	3035
determination that the child remains a juvenile offender	3036
registrant or a determination that the child no longer is a	3037
juvenile offender registrant and no longer has a duty to comply	3038
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.	3039

(3) If the delinquent child committed the delinquent act	3040
prior to January 1, 2008, and if the order containing the juvenile	3041
offender registrant classification under section 2152.82 or	3042
2152.83 of the Revised Code or under division (C)(2) of this	3043
section pursuant to a petition filed under division (A) of this	3044
section does not include a sexual predator or child-victim	3045
predator determination or a habitual sex offender or habitual	3046
child-victim offender determination as described in division	3047
(A)(1) or (2) of this section, to enter an order that contains a	3048
determination that the child no longer is a juvenile offender	3049
registrant and no longer has a duty to comply, as applicable, with	3050
sections 2950.04, 2950.05, and 2950.06 of the Revised Code or with	3051
sections 2950.041, 2950.05, and 2950.06 of the Revised Code.	3052

(4) If the delinquent child committed the delinquent act on	3053
or after January 1, 2008, and if the order containing the juvenile	3054
offender registrant classification also includes a determination	3055
by the juvenile court judge that the delinquent child is a tier	3056
III sex offender/child-victim offender, to enter, as applicable,	3057
aneither of the following:	3058

(a) An order that contains a determination that reclassifies	3059
the child as either a tier II sex offender/child-victim offender	3060
or a tier I sex offender/child-victim offender, the reason or	3061
reasons for that reclassification, and a determination that the	3062
child remains a juvenile offender registrant~~, or an~~;	3063

(b) An order that contains a determination that the child no	3064
longer is a juvenile offender registrant and no longer has a duty	3065
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	3066
the Revised Code;.	3067

~~(2)~~(5) If the delinquent child committed the delinquent act	3068
on or after January 1, 2008, and if the order containing the	3069
juvenile offender registrant classification also includes a	3070
determination by the juvenile court judge that the delinquent	3071
child is a tier II sex offender/child-victim offender, to enter,	3072
as applicable, aneither of the following:	3073

(a) An order that contains a determination that reclassifies	3074
the child as a tier I sex offender/child-victim offender, the	3075
reason or reasons for that reclassification, and a determination	3076
that the child remains a juvenile offender registrant~~, or an~~;	3077

(b) An order that contains a determination that the child no	3078
longer is a juvenile offender registrant and no longer has a duty	3079
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	3080
the Revised Code;.	3081

~~(3)~~(6) If the delinquent child committed the delinquent act	3082
on or after January 1, 2008, and if the order containing the	3083
juvenile offender registrant classification also includes a	3084
determination by the juvenile court judge that the delinquent	3085
child is a tier I sex offender/child-victim offender, to enter an	3086
order that contains a determination that the child no longer is a	3087
juvenile offender registrant and no longer has a duty to comply	3088
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	3089
Revised Code.	3090

(B) A delinquent child who has been adjudicated a delinquent	3091
child for committing on or after January 1, 2002, a sexually	3092
oriented offense or a child-victim oriented offense and who has	3093
been classified a juvenile offender registrant relative to that	3094
offense may file a petition under division (A) of this section	3095
requesting reclassification or declassification as described in	3096
that division after the expiration of one of the following periods	3097
of time:	3098

(1) The delinquent child initially may file a petition not	3099
earlier than three years after the entry of the juvenile court	3100
judge's order after the mandatory hearing conducted under section	3101
2152.84 of the Revised Code.	3102

(2) After the delinquent child's initial filing of a petition	3103
under division (B)(1) of this section, the child may file a second	3104
petition not earlier than three years after the judge has entered	3105
an order deciding the petition under division (B)(1) of this	3106
section.	3107

(3) After the delinquent child's filing of a petition under	3108
division (B)(2) of this section, thereafter, the delinquent child	3109
may file a petition under this division upon the expiration of	3110
five years after the judge has entered an order deciding the	3111
petition under division (B)(2) of this section or the most recent	3112
petition the delinquent child has filed under this division.	3113

(C) Upon the filing of a petition under division (A) of this	3114
section, the judge may review the prior classification or	3115
determination in question and, upon consideration of all relevant	3116
factors and information, including, but not limited to the factors	3117
listed in division (D) of section 2152.83 of the Revised Code, the	3118
judge, in the judge's discretion, shall do one of the following:	3119

(1) Enter an order denying the petition;

3120

(2) Issue an order that reclassifies or declassifies the	3121
delinquent child in the requested manner.	3122

(D)(1) If a judge issues an order under division (C)(1) of	3123
this section that denies a petition, the prior classification of	3124
the delinquent child as a juvenile offender registrant, and the	3125
prior determination that the child is a tier I sex	3126
offender/child-victim offender, a tier II sex	3127
offender/child-victim offender, or a tier III sex	3128
offender/child-victim offender if the child committed the	3129
delinquent act on or after January 1, 2008, or is a sexual	3130
predator, child-victim predator, habitual sex offender, or	3131
habitual child-victim offender if the child committed the	3132
delinquent act prior to that date, whichever is applicable, shall	3133
remain in effect.	3134

(2) A judge may issue an order under division (C)(2) of this	3135
section that contains a determination that a child who committed	3136
the delinquent act prior to January 1, 2008, no longer is a sexual	3137
predator or no longer is a child-victim predator only if the judge	3138
conducts a hearing and, in accordance with the procedures	3139
specified in division (D)(1) of section 2950.09 of the Revised	3140
Code regarding a sexual predator, determines at the hearing by	3141
clear and convincing evidence that the delinquent child is	3142
unlikely to commit a sexually oriented offense in the future, or,	3143
in accordance with the procedures specified in division (D)(1) of	3144
section 2950.091 of the Revised Code regarding a child-victim	3145
predator, determines at the hearing by clear and convincing	3146
evidence that the delinquent child is unlikely to commit a	3147
child-victim oriented offense in the future. If the judge issues	3148
an order of that type, the judge shall provide the notifications	3149
described in division (D)(1) of section 2950.09 or division (D)(1)	3150
of section 2950.091 of the Revised Code, whichever is applicable,	3151
and the recipient of the notification shall comply with the	3152
provisions of that division.	3153

A judge may issue an order under division (C)(2) of this	3154
section that contains a determination that a delinquent child who	3155
committed the delinquent act prior to January 1, 2008, is a	3156
habitual sex offender or a habitual child-victim offender only if	3157
the judge conducts a hearing and determines at the hearing as	3158
described in division (E) of section 2950.09 of the Revised Code	3159
regarding habitual sex offenders or division (E) of section	3160
2950.091 of the Revised Code regarding habitual child-victim	3161
offenders that the child is a habitual sex offender or a habitual	3162
child-victim offender. If the judge issues an order of that type,	3163
the judge may impose a requirement subjecting the child to	3164
community notification provisions as described in that division.	3165

A judge may issue an order under division (C)(2) of this	3166
section that contains a determination that reclassifies a child	3167
who committed the delinquent act on or after January 1, 2008, from	3168
a tier III sex offender/child-victim offender classification to a	3169
tier II sex offender/child-victim offender classification or to a	3170
tier I sex offender/child-victim offender classification.	3171

A judge may issue an order under division (C)(2) of this	3172
section that contains a determination that reclassifies a child	3173
who committed the delinquent act on or after January 1, 2008, from	3174
a tier II sex offender/child-victim offender classification to a	3175
tier I sex offender/child-victim offender classification.	3176

If a judge issues an order under this division that contains	3177
a determination that reclassifies a child who committed the	3178
delinquent act on or after January 1, 2008, the judge shall	3179
provide a copy of the order to the delinquent child and the bureau	3180
of criminal identification and investigation, and the bureau, upon	3181
receipt of the copy of the order, promptly shall notify the	3182
sheriff with whom the child most recently registered under section	3183
2950.04 or 2950.041 of the Revised Code of the determination and	3184
reclassification.	3185

If a judge issues an order under division (C)(2) of this	3186
section that declassifies ~~the~~a delinquent child, the order also	3187
terminates all prior determinations that the child is a sexual	3188
predator, child-victim predator, habitual sex offender, habitual	3189
child-victim offender, tier I sex offender/child-victim offender,	3190
a tier II sex offender/child-victim offender, or a tier III sex	3191
offender/child-victim offender, whichever is applicable. If a	3192
judge issues an order under division (C)(2) of this section that	3193
declassifies the delinquent child, the judge shall provide a copy	3194
of the order to the bureau of criminal identification and	3195
investigation, and the bureau, upon receipt of a copy of the	3196
order, promptly shall notify the sheriff with whom the child most	3197
recently registered under section 2950.04 or 2950.041 of the	3198
Revised Code of the declassification.	3199

(E) If a judge issues an order under division (C)(1) or (2)	3200
of this section, the judge shall provide to the delinquent child	3201
and to the delinquent child's parent, guardian, or custodian a	3202
copy of the order and, if applicable, a notice containing the	3203
information described in divisions (A) and (B) of section 2950.03	3204
of the Revised Code. The judge shall provide the notice at the	3205
time of the issuance of the order and shall comply with divisions	3206
(B) and (C) of that section regarding that notice and the	3207
provision of it.	3208

(F) An order issued under division (C) of this section shall	3209
remain in effect for the period of time specified in section	3210
2950.07 of the Revised Code, subject to a further modification or	3211
future termination of the order under this section. If an order is	3212
issued under division (C) of this section, the child's attainment	3213
of eighteen or twenty-one years of age does not affect or	3214
terminate the order, and the order remains in effect for the	3215
period of time described in this division.	3216

(G) ~~The provisions of this section do not apply to a~~	3217
~~delinquent child who is classified as both a juvenile offender~~	3218
~~registrant and a public registry-qualified juvenile offender~~	3219
~~registrant pursuant to section 2152.86 of the Revised Code~~A	3220
child's attainment of eighteen or twenty-one years of age does not	3221
affect or terminate the ability or authority of the juvenile court	3222
to conduct a hearing or issue an order under this section.	3223

Sec. 2152.851. (A) If, prior to January 1, 2008, a judge	3224
issues an order under section 2152.82, 2152.83, 2152.84, or	3225
2152.85 of the Revised Code that classifies a delinquent child a	3226
juvenile offender registrant based on an adjudication for a	3227
sexually oriented offense or a child-victim oriented offense as	3228
those terms were defined in section 2950.01 of the Revised Code	3229
prior to January 1, 2008, and if, on and after January 1, 2008,	3230
the offense upon which the order was based is a sexually oriented	3231
offense or a child-victim oriented offense as those terms are	3232
defined in section 2950.01 of the Revised Code on and after	3233
January 1, 2008, notwithstanding the changes to sections 2152.82,	3234
2152.83, 2152.84, and 2152.85 of the Revised Code made on January	3235
1, 2008, on and after that date, the order shall remain in effect	3236
for the period described in the section under which it originally	3237
was issued ~~as that section exists on and after January 1, 2008~~,	3238
subject to subsequent modification or termination under section	3239
2152.84, 2152.85, or 2950.15 of the Revised Code~~, or, if division~~	3240
~~(A)(3) of section 2152.86 of the Revised Code applies regarding~~	3241
~~the child, for the period described in division (C) of that~~	3242
~~section subject to modification or termination under section~~	3243
~~2152.84, 2152.85, or 2950.15 of the Revised Code, whichever is~~	3244
~~applicable~~, and the duty to comply with sections 2950.04,	3245
2950.041, 2950.05, and 2950.06 of the Revised Code on and after	3246
January 1, 2008, shall be considered, for purposes of section	3247
2950.07 of the Revised Code and for all other purposes, to be a	3248
continuation of the original duty imposed upon the child prior to	3249
January 1, 2008, under the order issued under section 2152.82,	3250
2152.83, 2152.84, or 2152.85 and Chapter 2950. of the Revised	3251
Code.	3252

(B) On and after the effective date of this amendment, both	3253
of the following apply:	3254

(1) The provisions of this chapter and of Chapter 2950. of	3255
the Revised Code that are amended or enacted in the act in which	3256
this amendment is made and that specify that they apply with	3257
respect to a person who is or has been convicted of a sexually	3258
oriented offense or child-victim oriented offense committed prior	3259
to January 1, 2008, or to a person who is or has been adjudicated	3260
a delinquent child for a sexually oriented offense or child-victim	3261
oriented offense committed prior to January 1, 2008, apply with	3262
respect to such persons.	3263

(2) Except as provided in division (B)(1) of this section,	3264
the provisions of this chapter and of Chapter 2950. of the Revised	3265
Code as they existed prior to July 1, 2007, apply with respect to	3266
a person who is or has been convicted of a sexually oriented	3267
offense or child-victim oriented offense committed prior to	3268
January 1, 2008, or to a person who is or has been adjudicated a	3269
delinquent child for a sexually oriented offense or child-victim	3270
oriented offense committed prior to January 1, 2008, except to the	3271
extent that by their nature they clearly would be inapplicable.	3272

Sec. 2901.07. (A) As used in this section:

3273

(1) "DNA analysis" and "DNA specimen" have the same meanings	3274
as in section 109.573 of the Revised Code.	3275

(2) "Jail" and "community-based correctional facility" have	3276
the same meanings as in section 2929.01 of the Revised Code.	3277

(3) "Post-release control" has the same meaning as in section	3278
2967.01 of the Revised Code.	3279

(4) "Head of the arresting law enforcement agency" means	3280
whichever of the following is applicable regarding the arrest in	3281
question:	3282

(a) If the arrest was made by a sheriff or a deputy sheriff,	3283
the sheriff who made the arrest or who employs the deputy sheriff	3284
who made the arrest;	3285

(b) If the arrest was made by a law enforcement officer of a	3286
law enforcement agency of a municipal corporation, the chief of	3287
police, marshal, or other chief law enforcement officer of the	3288
agency that employs the officer who made the arrest;	3289

(c) If the arrest was made by a constable or a law	3290
enforcement officer of a township police department or police	3291
district police force, the constable who made the arrest or the	3292
chief law enforcement officer of the department or agency that	3293
employs the officer who made the arrest;	3294

(d) If the arrest was made by the superintendent or a trooper	3295
of the state highway patrol, the superintendent of the state	3296
highway patrol;	3297

(e) If the arrest was made by a law enforcement officer not	3298
identified in division (A)(4)(a), (b), (c), or (d) of this	3299
section, the chief law enforcement officer of the law enforcement	3300
agency that employs the officer who made the arrest.	3301

(5) "Detention facility" has the same meaning as in section	3302
2921.01 of the Revised Code.	3303

(B)(1)(a) On and after July 1, 2011, a person who is eighteen	3304
years of age or older and who is arrested on or after July 1,	3305
2011, for a felony offense shall submit to a DNA specimen	3306
collection procedure administered by the head of the arresting law	3307
enforcement agency. The head of the arresting law enforcement	3308
agency shall cause the DNA specimen to be collected from the	3309
person during the intake process at the jail, community-based	3310
correctional facility, detention facility, or law enforcement	3311
agency office or station to which the arrested person is taken	3312
after the arrest. The head of the arresting law enforcement agency	3313
shall cause the DNA specimen to be collected in accordance with	3314
division (C) of this section.	3315

(b) If a person who is charged with a felony on or after July	3316
1, 2011, has not been arrested and first appears before a court or	3317
magistrate in response to a summons, or if the head of the	3318
arresting law enforcement agency has not administered a DNA	3319
specimen collection procedure upon the person arrested for a	3320
felony in accordance with division (B)(1)(a) of this section by	3321
the time of the arraignment or first appearance of the person, the	3322
court shall order the person to appear before the sheriff or chief	3323
of police of the county or municipal corporation within	3324
twenty-four hours to submit to a DNA specimen collection procedure	3325
administered by the sheriff or chief of police. The sheriff or	3326
chief of police shall cause the DNA specimen to be collected from	3327
the person in accordance with division (C) of this section.	3328

(c) Every court with jurisdiction over a case involving a	3329
person with respect to whom division (B)(1)(a) or (b) of this	3330
section requires the head of a law enforcement agency or a sheriff	3331
or chief of police to administer a DNA specimen collection	3332
procedure upon the person shall inquire at the time of the	3333
person's sentencing whether or not the person has submitted to a	3334
DNA specimen collection procedure pursuant to division (B)(1)(a)	3335
or (b) of this section for the original arrest or court appearance	3336
upon which the sentence is based. If the person has not submitted	3337
to a DNA specimen collection procedure for the original arrest or	3338
court appearance upon which the sentence is based, the court shall	3339
order the person to appear before the sheriff or chief of police	3340
of the county or municipal corporation within twenty-four hours to	3341
submit to a DNA specimen collection procedure administered by the	3342
sheriff or chief of police. The sheriff or chief of police shall	3343
cause the DNA specimen to be collected in accordance with division	3344
(C) of this section.	3345

(d) If a person is in the custody of a law enforcement agency	3346
or a detention facility, if the chief law enforcement officer or	3347
chief administrative officer of the detention facility discovers	3348
that a warrant has been issued or a bill of information has been	3349
filed alleging the person to have committed an offense other than	3350
the offense for which the person is in custody, and if the other	3351
alleged offense is one for which a DNA specimen is to be collected	3352
from the person pursuant to division (B)(1)(a) or (b) of this	3353
section, the chief law enforcement officer or chief administrative	3354
officer shall cause a DNA specimen to be collected from the person	3355
in accordance with division (C) of this section.	3356

(2) Regardless of when the conviction occurred or the guilty	3357
plea was entered, a person who has been convicted of, is convicted	3358
of, has pleaded guilty to, or pleads guilty to a felony offense,	3359
who is sentenced to a prison term or to a community residential	3360
sanction in a jail or community-based correctional facility for	3361
that offense pursuant to section 2929.16 of the Revised Code, and	3362
who does not provide a DNA specimen pursuant to division (B)(1) of	3363
this section, and a person who has been convicted of, is convicted	3364
of, has pleaded guilty to, or pleads guilty to a misdemeanor	3365
offense listed in division (D) of this section, who is sentenced	3366
to a term of imprisonment for that offense, and who does not	3367
provide a DNA specimen pursuant to division (B)(1) of this	3368
section, shall submit to a DNA specimen collection procedure	3369
administered by the director of rehabilitation and correction or	3370
the chief administrative officer of the jail or other detention	3371
facility in which the person is serving the term of imprisonment.	3372
If the person serves the prison term in a state correctional	3373
institution, the director of rehabilitation and correction shall	3374
cause the DNA specimen to be collected from the person during the	3375
intake process at the reception facility designated by the	3376
director. If the person serves the community residential sanction	3377
or term of imprisonment in a jail, a community-based correctional	3378
facility, or another county, multicounty, municipal,	3379
municipal-county, or multicounty-municipal detention facility, the	3380
chief administrative officer of the jail, community-based	3381
correctional facility, or detention facility shall cause the DNA	3382
specimen to be collected from the person during the intake process	3383
at the jail, community-based correctional facility, or detention	3384
facility. The DNA specimen shall be collected in accordance with	3385
division (C) of this section.	3386

(3) Regardless of when the conviction occurred or the guilty	3387
plea was entered, if a person has been convicted of, is convicted	3388
of, has pleaded guilty to, or pleads guilty to a felony offense or	3389
a misdemeanor offense listed in division (D) of this section, is	3390
serving a prison term, community residential sanction, or term of	3391
imprisonment for that offense, and does not provide a DNA specimen	3392
pursuant to division (B)(1) or (2) of this section, prior to the	3393
person's release from the prison term, community residential	3394
sanction, or imprisonment, the person shall submit to, and the	3395
director of rehabilitation and correction or the chief	3396
administrative officer of the jail, community-based correctional	3397
facility, or detention facility in which the person is serving the	3398
prison term, community residential sanction, or term of	3399
imprisonment shall administer, a DNA specimen collection procedure	3400
at the state correctional institution, jail, community-based	3401
correctional facility, or detention facility in which the person	3402
is serving the prison term, community residential sanction, or	3403
term of imprisonment. The DNA specimen shall be collected in	3404
accordance with division (C) of this section.	3405

(4)(a) Regardless of when the conviction occurred or the	3406
guilty plea was entered, if a person has been convicted of, is	3407
convicted of, has pleaded guilty to, or pleads guilty to a felony	3408
offense or a misdemeanor offense listed in division (D) of this	3409
section and the person is on probation, released on parole, under	3410
transitional control, on community control, on post-release	3411
control, or under any other type of supervised release under the	3412
supervision of a probation department or the adult parole	3413
authority for that offense, and did not provide a DNA specimen	3414
pursuant to division (B)(1), (2), or (3) of this section, the	3415
person shall submit to a DNA specimen collection procedure	3416
administered by the chief administrative officer of the probation	3417
department or the adult parole authority. The DNA specimen shall	3418
be collected in accordance with division (C) of this section. If	3419
the person refuses to submit to a DNA specimen collection	3420
procedure as provided in this division, the person may be subject	3421
to the provisions of section 2967.15 of the Revised Code.	3422

(b) If a person to whom division (B)(4)(a) of this section	3423
applies is sent to jail or is returned to a jail, community-based	3424
correctional facility, or state correctional institution for a	3425
violation of the terms and conditions of the probation, parole,	3426
transitional control, other release, or post-release control, if	3427
the person was or will be serving a term of imprisonment, prison	3428
term, or community residential sanction for committing a felony	3429
offense or for committing a misdemeanor offense listed in division	3430
(D) of this section, and if the person did not provide a DNA	3431
specimen pursuant to division (B)(1), (2), (3), or (4)(a) of this	3432
section, the person shall submit to, and the director of	3433
rehabilitation and correction or the chief administrative officer	3434
of the jail or community-based correctional facility shall	3435
administer, a DNA specimen collection procedure at the jail,	3436
community-based correctional facility, or state correctional	3437
institution in which the person is serving the term of	3438
imprisonment, prison term, or community residential sanction. The	3439
DNA specimen shall be collected from the person in accordance with	3440
division (C) of this section.	3441

(5) Regardless of when the conviction occurred or the guilty	3442
plea was entered, if a person has been convicted of, is convicted	3443
of, has pleaded guilty to, or pleads guilty to a felony offense or	3444
a misdemeanor offense listed in division (D) of this section, the	3445
person is not sentenced to a prison term, a community residential	3446
sanction in a jail or community-based correctional facility, a	3447
term of imprisonment, or any type of supervised release under the	3448
supervision of a probation department or the adult parole	3449
authority, and the person does not provide a DNA specimen pursuant	3450
to division (B)(1), (2), (3), (4)(a), or (4)(b) of this section,	3451
the sentencing court shall order the person to report to the	3452
county probation department immediately after sentencing to submit	3453
to a DNA specimen collection procedure administered by the chief	3454
administrative officer of the county probation office. If the	3455
person is incarcerated at the time of sentencing, the person shall	3456
submit to a DNA specimen collection procedure administered by the	3457
director of rehabilitation and correction or the chief	3458
administrative officer of the jail or other detention facility in	3459
which the person is incarcerated. The DNA specimen shall be	3460
collected in accordance with division (C) of this section.	3461

(C) If the DNA specimen is collected by withdrawing blood	3462
from the person or a similarly invasive procedure, a physician,	3463
registered nurse, licensed practical nurse, duly licensed clinical	3464
laboratory technician, or other qualified medical practitioner	3465
shall collect in a medically approved manner the DNA specimen	3466
required to be collected pursuant to division (B) of this section.	3467
If the DNA specimen is collected by swabbing for buccal cells or a	3468
similarly noninvasive procedure, this section does not require	3469
that the DNA specimen be collected by a qualified medical	3470
practitioner of that nature. No later than fifteen days after the	3471
date of the collection of the DNA specimen, the head of the	3472
arresting law enforcement agency, the sheriff or chief of police,	3473
the chief law enforcement officer, or the chief administrative	3474
officer of the detention facility regarding a DNA specimen taken	3475
pursuant to division (B)(1) of this section, the director of	3476
rehabilitation and correction or the chief administrative officer	3477
of the detention facility regarding a DNA specimen taken pursuant	3478
to division (B)(2), (3), or (4)(b) of this section, the chief	3479
administrative officer of the probation department or the adult	3480
parole authority regarding a DNA specimen taken pursuant to	3481
division (B)(4)(a) of this section, or the chief administrative	3482
officer of the county probation office, the director of	3483
rehabilitation and correction, or the chief administrative officer	3484
of the detention facility regarding a DNA specimen taken pursuant	3485
to division (B)(5) of this section, whichever is applicable, shall	3486
cause the DNA specimen to be forwarded to the bureau of criminal	3487
identification and investigation in accordance with procedures	3488
established by the superintendent of the bureau under division (H)	3489
of section 109.573 of the Revised Code. The bureau shall provide	3490
the specimen vials, mailing tubes, labels, postage, and	3491
instructions needed for the collection and forwarding of the DNA	3492
specimen to the bureau.	3493

(D) The DNA specimen collection duty set forth in division	3494
(B)(1) of this section applies to any person who is eighteen years	3495
of age or older and who on or after July 1, 2011, is arrested for	3496
or charged with any felony offense or is in any other circumstance	3497
described in that division. The DNA specimen collection duties set	3498
forth in divisions (B)(2), (3), (4)(a), (4)(b), and (5) of this	3499
section apply to any person who has been convicted of, is	3500
convicted of, has pleaded guilty to, or pleads guilty to any	3501
felony offense or any of the following misdemeanor offenses:	3502

(1) A misdemeanor violation, an attempt to commit a	3503
misdemeanor violation, or complicity in committing a misdemeanor	3504
violation of section 2907.04 of the Revised Code;	3505

(2) A misdemeanor violation of any law that arose out of the	3506
same facts and circumstances and same act as did a charge against	3507
the person of a violation of section 2903.01, 2903.02, 2905.01,	3508
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	3509
that previously was dismissed or amended or as did a charge	3510
against the person of a violation of section 2907.12 of the	3511
Revised Code as it existed prior to September 3, 1996, that	3512
previously was dismissed or amended;	3513

(3) A misdemeanor violation of section 2919.23 of the Revised	3514
Code that would have been a violation of section 2905.04 of the	3515
Revised Code as it existed prior to July 1, 1996, had it been	3516
committed prior to that date;	3517

(4) A sexually oriented offense or a child-victim oriented	3518
offense, both as defined in section 2950.01 of the Revised Code,	3519
that is a misdemeanor, if, in relation to that offense, the	3520
offender is a tier III sex offender/child-victim offender, a	3521
sexual predator, a child-victim predator, a habitual sex offender,	3522
or a habitual child-victim offender, all as defined in section	3523
2950.01 of the Revised Code.	3524

(E) The director of rehabilitation and correction may	3525
prescribe rules in accordance with Chapter 119. of the Revised	3526
Code to collect a DNA specimen, as provided in this section, from	3527
an offender whose supervision is transferred from another state to	3528
this state in accordance with the interstate compact for adult	3529
offender supervision described in section 5149.21 of the Revised	3530
Code.	3531

Sec. 2907.02. (A)(1) No person shall engage in sexual	3532
conduct with another who is not the spouse of the offender or who	3533
is the spouse of the offender but is living separate and apart	3534
from the offender, when any of the following applies:	3535

(a) For the purpose of preventing resistance, the offender	3536
substantially impairs the other person's judgment or control by	3537
administering any drug, intoxicant, or controlled substance to the	3538
other person surreptitiously or by force, threat of force, or	3539
deception.	3540

(b) The other person is less than thirteen years of age,	3541
whether or not the offender knows the age of the other person.	3542

(c) The other person's ability to resist or consent is	3543
substantially impaired because of a mental or physical condition	3544
or because of advanced age, and the offender knows or has	3545
reasonable cause to believe that the other person's ability to	3546
resist or consent is substantially impaired because of a mental or	3547
physical condition or because of advanced age.	3548

(2) No person shall engage in sexual conduct with another	3549
when the offender purposely compels the other person to submit by	3550
force or threat of force.	3551

(B) Whoever violates this section is guilty of rape, a felony	3552
of the first degree. If the offender under division (A)(1)(a) of	3553
this section substantially impairs the other person's judgment or	3554
control by administering any controlled substance described in	3555
section 3719.41 of the Revised Code to the other person	3556
surreptitiously or by force, threat of force, or deception, the	3557
prison term imposed upon the offender shall be one of the prison	3558
terms prescribed for a felony of the first degree in section	3559
2929.14 of the Revised Code that is not less than five years.	3560
Except as otherwise provided in this division, notwithstanding	3561
sections 2929.11 to 2929.14 of the Revised Code, an offender under	3562
division (A)(1)(b) of this section shall be sentenced to a prison	3563
term or term of life imprisonment pursuant to section 2971.03 of	3564
the Revised Code. If an offender is convicted of or pleads guilty	3565
to a violation of division (A)(1)(b) of this section, if the	3566
offender was less than sixteen years of age at the time the	3567
offender committed the violation of that division, and if the	3568
offender during or immediately after the commission of the offense	3569
did not cause serious physical harm to the victim, the victim was	3570
ten years of age or older at the time of the commission of the	3571
violation, and the offender has not previously been convicted of	3572
or pleaded guilty to a violation of this section or a	3573
substantially similar existing or former law of this state,	3574
another state, or the United States, the court shall not sentence	3575
the offender to a prison term or term of life imprisonment	3576
pursuant to section 2971.03 of the Revised Code, and instead the	3577
court shall sentence the offender as otherwise provided in this	3578
division. If an offender under division (A)(1)(b) of this section	3579
previously has been convicted of or pleaded guilty to violating	3580
division (A)(1)(b) of this section or to violating an existing or	3581
former law of this state, another state, or the United States that	3582
is substantially similar to division (A)(1)(b) of this section, if	3583
the offender during or immediately after the commission of the	3584
offense caused serious physical harm to the victim, or if the	3585
victim under division (A)(1)(b) of this section is less than ten	3586
years of age, in lieu of sentencing the offender to a prison term	3587
or term of life imprisonment pursuant to section 2971.03 of the	3588
Revised Code, the court may impose upon the offender a term of	3589
life without parole. If the court imposes a term of life without	3590
parole pursuant to this division, division (F) of section 2971.03	3591
of the Revised Code applies, and the offender automatically is	3592
classified a tier III sex offender/child-victim offender or sexual	3593
predator, as described in that division.	3594

(C) A victim need not prove physical resistance to the	3595
offender in prosecutions under this section.	3596

(D) Evidence of specific instances of the victim's sexual	3597
activity, opinion evidence of the victim's sexual activity, and	3598
reputation evidence of the victim's sexual activity shall not be	3599
admitted under this section unless it involves evidence of the	3600
origin of semen, pregnancy, or disease, or the victim's past	3601
sexual activity with the offender, and only to the extent that the	3602
court finds that the evidence is material to a fact at issue in	3603
the case and that its inflammatory or prejudicial nature does not	3604
outweigh its probative value.	3605

Evidence of specific instances of the defendant's sexual	3606
activity, opinion evidence of the defendant's sexual activity, and	3607
reputation evidence of the defendant's sexual activity shall not	3608
be admitted under this section unless it involves evidence of the	3609
origin of semen, pregnancy, or disease, the defendant's past	3610
sexual activity with the victim, or is admissible against the	3611
defendant under section 2945.59 of the Revised Code, and only to	3612
the extent that the court finds that the evidence is material to a	3613
fact at issue in the case and that its inflammatory or prejudicial	3614
nature does not outweigh its probative value.	3615

(E) Prior to taking testimony or receiving evidence of any	3616
sexual activity of the victim or the defendant in a proceeding	3617
under this section, the court shall resolve the admissibility of	3618
the proposed evidence in a hearing in chambers, which shall be	3619
held at or before preliminary hearing and not less than three days	3620
before trial, or for good cause shown during the trial.	3621

(F) Upon approval by the court, the victim may be represented	3622
by counsel in any hearing in chambers or other proceeding to	3623
resolve the admissibility of evidence. If the victim is indigent	3624
or otherwise is unable to obtain the services of counsel, the	3625
court, upon request, may appoint counsel to represent the victim	3626
without cost to the victim.	3627

(G) It is not a defense to a charge under division (A)(2) of	3628
this section that the offender and the victim were married or were	3629
cohabiting at the time of the commission of the offense.	3630

Sec. 2929.01. As used in this chapter:

3631

(A)(1) "Alternative residential facility" means, subject to	3632
division (A)(2) of this section, any facility other than an	3633
offender's home or residence in which an offender is assigned to	3634
live and that satisfies all of the following criteria:	3635

(a) It provides programs through which the offender may seek	3636
or maintain employment or may receive education, training,	3637
treatment, or habilitation.	3638

(b) It has received the appropriate license or certificate	3639
for any specialized education, training, treatment, habilitation,	3640
or other service that it provides from the government agency that	3641
is responsible for licensing or certifying that type of education,	3642
training, treatment, habilitation, or service.	3643

(2) "Alternative residential facility" does not include a	3644
community-based correctional facility, jail, halfway house, or	3645
prison.	3646

(B) "Basic probation supervision" means a requirement that	3647
the offender maintain contact with a person appointed to supervise	3648
the offender in accordance with sanctions imposed by the court or	3649
imposed by the parole board pursuant to section 2967.28 of the	3650
Revised Code. "Basic probation supervision" includes basic parole	3651
supervision and basic post-release control supervision.	3652

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	3653
same meanings as in section 2925.01 of the Revised Code.	3654

(D) "Community-based correctional facility" means a	3655
community-based correctional facility and program or district	3656
community-based correctional facility and program developed	3657
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	3658

(E) "Community control sanction" means a sanction that is not	3659
a prison term and that is described in section 2929.15, 2929.16,	3660
2929.17, or 2929.18 of the Revised Code or a sanction that is not	3661
a jail term and that is described in section 2929.26, 2929.27, or	3662
2929.28 of the Revised Code. "Community control sanction" includes	3663
probation if the sentence involved was imposed for a felony that	3664
was committed prior to July 1, 1996, or if the sentence involved	3665
was imposed for a misdemeanor that was committed prior to January	3666
1, 2004.	3667

(F) "Controlled substance," "marihuana," "schedule I," and	3668
"schedule II" have the same meanings as in section 3719.01 of the	3669
Revised Code.	3670

(G) "Curfew" means a requirement that an offender during a	3671
specified period of time be at a designated place.	3672

(H) "Day reporting" means a sanction pursuant to which an	3673
offender is required each day to report to and leave a center or	3674
other approved reporting location at specified times in order to	3675
participate in work, education or training, treatment, and other	3676
approved programs at the center or outside the center.	3677

(I) "Deadly weapon" has the same meaning as in section	3678
2923.11 of the Revised Code.	3679

(J) "Drug and alcohol use monitoring" means a program under	3680
which an offender agrees to submit to random chemical analysis of	3681
the offender's blood, breath, or urine to determine whether the	3682
offender has ingested any alcohol or other drugs.	3683

(K) "Drug treatment program" means any program under which a	3684
person undergoes assessment and treatment designed to reduce or	3685
completely eliminate the person's physical or emotional reliance	3686
upon alcohol, another drug, or alcohol and another drug and under	3687
which the person may be required to receive assessment and	3688
treatment on an outpatient basis or may be required to reside at a	3689
facility other than the person's home or residence while	3690
undergoing assessment and treatment.	3691

(L) "Economic loss" means any economic detriment suffered by	3692
a victim as a direct and proximate result of the commission of an	3693
offense and includes any loss of income due to lost time at work	3694
because of any injury caused to the victim, and any property loss,	3695
medical cost, or funeral expense incurred as a result of the	3696
commission of the offense. "Economic loss" does not include	3697
non-economic loss or any punitive or exemplary damages.	3698

(M) "Education or training" includes study at, or in	3699
conjunction with a program offered by, a university, college, or	3700
technical college or vocational study and also includes the	3701
completion of primary school, secondary school, and literacy	3702
curricula or their equivalent.	3703

(N) "Firearm" has the same meaning as in section 2923.11 of	3704
the Revised Code.	3705

(O) "Halfway house" means a facility licensed by the division	3706
of parole and community services of the department of	3707
rehabilitation and correction pursuant to section 2967.14 of the	3708
Revised Code as a suitable facility for the care and treatment of	3709
adult offenders.	3710

(P) "House arrest" means a period of confinement of an	3711
offender that is in the offender's home or in other premises	3712
specified by the sentencing court or by the parole board pursuant	3713
to section 2967.28 of the Revised Code and during which all of the	3714
following apply:	3715

(1) The offender is required to remain in the offender's home	3716
or other specified premises for the specified period of	3717
confinement, except for periods of time during which the offender	3718
is at the offender's place of employment or at other premises as	3719
authorized by the sentencing court or by the parole board.	3720

(2) The offender is required to report periodically to a	3721
person designated by the court or parole board.	3722

(3) The offender is subject to any other restrictions and	3723
requirements that may be imposed by the sentencing court or by the	3724
parole board.	3725

(Q) "Intensive probation supervision" means a requirement	3726
that an offender maintain frequent contact with a person appointed	3727
by the court, or by the parole board pursuant to section 2967.28	3728
of the Revised Code, to supervise the offender while the offender	3729
is seeking or maintaining necessary employment and participating	3730
in training, education, and treatment programs as required in the	3731
court's or parole board's order. "Intensive probation supervision"	3732
includes intensive parole supervision and intensive post-release	3733
control supervision.	3734

(R) "Jail" means a jail, workhouse, minimum security jail, or	3735
other residential facility used for the confinement of alleged or	3736
convicted offenders that is operated by a political subdivision or	3737
a combination of political subdivisions of this state.	3738

(S) "Jail term" means the term in a jail that a sentencing	3739
court imposes or is authorized to impose pursuant to section	3740
2929.24 or 2929.25 of the Revised Code or pursuant to any other	3741
provision of the Revised Code that authorizes a term in a jail for	3742
a misdemeanor conviction.	3743

(T) "Mandatory jail term" means the term in a jail that a	3744
sentencing court is required to impose pursuant to division (G) of	3745
section 1547.99 of the Revised Code, division (E) of section	3746
2903.06 or division (D) of section 2903.08 of the Revised Code,	3747
division (E) or (G) of section 2929.24 of the Revised Code,	3748
division (B) of section 4510.14 of the Revised Code, or division	3749
(G) of section 4511.19 of the Revised Code or pursuant to any	3750
other provision of the Revised Code that requires a term in a jail	3751
for a misdemeanor conviction.	3752

(U) "Delinquent child" has the same meaning as in section	3753
2152.02 of the Revised Code.	3754

(V) "License violation report" means a report that is made by	3755
a sentencing court, or by the parole board pursuant to section	3756
2967.28 of the Revised Code, to the regulatory or licensing board	3757
or agency that issued an offender a professional license or a	3758
license or permit to do business in this state and that specifies	3759
that the offender has been convicted of or pleaded guilty to an	3760
offense that may violate the conditions under which the offender's	3761
professional license or license or permit to do business in this	3762
state was granted or an offense for which the offender's	3763
professional license or license or permit to do business in this	3764
state may be revoked or suspended.	3765

(W) "Major drug offender" means an offender who is convicted	3766
of or pleads guilty to the possession of, sale of, or offer to	3767
sell any drug, compound, mixture, preparation, or substance that	3768
consists of or contains at least one thousand grams of hashish; at	3769
least one hundred grams of cocaine; at least two thousand five	3770
hundred unit doses or two hundred fifty grams of heroin; at least	3771
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	3772
in a liquid concentrate, liquid extract, or liquid distillate	3773
form; at least fifty grams of a controlled substance analog; or at	3774
least one hundred times the amount of any other schedule I or II	3775
controlled substance other than marihuana that is necessary to	3776
commit a felony of the third degree pursuant to section 2925.03,	3777
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	3778
the possession of, sale of, or offer to sell the controlled	3779
substance.	3780

(X) "Mandatory prison term" means any of the following:

3781

(1) Subject to division (X)(2) of this section, the term in	3782
prison that must be imposed for the offenses or circumstances set	3783
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	3784
2929.13 and division (B) of section 2929.14 of the Revised Code.	3785
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	3786
and 2925.11 of the Revised Code, unless the maximum or another	3787
specific term is required under section 2929.14 or 2929.142 of the	3788
Revised Code, a mandatory prison term described in this division	3789
may be any prison term authorized for the level of offense.	3790

(2) The term of sixty or one hundred twenty days in prison	3791
that a sentencing court is required to impose for a third or	3792
fourth degree felony OVI offense pursuant to division (G)(2) of	3793
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	3794
of the Revised Code or the term of one, two, three, four, or five	3795
years in prison that a sentencing court is required to impose	3796
pursuant to division (G)(2) of section 2929.13 of the Revised	3797
Code.	3798

(3) The term in prison imposed pursuant to division (A) of	3799
section 2971.03 of the Revised Code for the offenses and in the	3800
circumstances described in division (F)(11) of section 2929.13 of	3801
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	3802
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	3803
2971.03 of the Revised Code and that term as modified or	3804
terminated pursuant to section 2971.05 of the Revised Code.	3805

(Y) "Monitored time" means a period of time during which an	3806
offender continues to be under the control of the sentencing court	3807
or parole board, subject to no conditions other than leading a	3808
law-abiding life.	3809

(Z) "Offender" means a person who, in this state, is	3810
convicted of or pleads guilty to a felony or a misdemeanor.	3811

(AA) "Prison" means a residential facility used for the	3812
confinement of convicted felony offenders that is under the	3813
control of the department of rehabilitation and correction but	3814
does not include a violation sanction center operated under	3815
authority of section 2967.141 of the Revised Code.	3816

(BB) "Prison term" includes either of the following sanctions	3817
for an offender:	3818

(1) A stated prison term;

3819

(2) A term in a prison shortened by, or with the approval of,	3820
the sentencing court pursuant to section 2929.143, 2929.20,	3821
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	3822

(CC) "Repeat violent offender" means a person about whom both	3823
of the following apply:	3824

(1) The person is being sentenced for committing or for	3825
complicity in committing any of the following:	3826

(a) Aggravated murder, murder, any felony of the first or	3827
second degree that is an offense of violence, or an attempt to	3828
commit any of these offenses if the attempt is a felony of the	3829
first or second degree;	3830

(b) An offense under an existing or former law of this state,	3831
another state, or the United States that is or was substantially	3832
equivalent to an offense described in division (CC)(1)(a) of this	3833
section.	3834

(2) The person previously was convicted of or pleaded guilty	3835
to an offense described in division (CC)(1)(a) or (b) of this	3836
section.	3837

(DD) "Sanction" means any penalty imposed upon an offender	3838
who is convicted of or pleads guilty to an offense, as punishment	3839
for the offense. "Sanction" includes any sanction imposed pursuant	3840
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	3841
2929.28 of the Revised Code.	3842

(EE) "Sentence" means the sanction or combination of	3843
sanctions imposed by the sentencing court on an offender who is	3844
convicted of or pleads guilty to an offense.	3845

(FF) "Stated prison term" means the prison term, mandatory	3846
prison term, or combination of all prison terms and mandatory	3847
prison terms imposed by the sentencing court pursuant to section	3848
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	3849
2919.25 of the Revised Code. "Stated prison term" includes any	3850
credit received by the offender for time spent in jail awaiting	3851
trial, sentencing, or transfer to prison for the offense and any	3852
time spent under house arrest or house arrest with electronic	3853
monitoring imposed after earning credits pursuant to section	3854
2967.193 of the Revised Code. If an offender is serving a prison	3855
term as a risk reduction sentence under sections 2929.143 and	3856
5120.036 of the Revised Code, "stated prison term" includes any	3857
period of time by which the prison term imposed upon the offender	3858
is shortened by the offender's successful completion of all	3859
assessment and treatment or programming pursuant to those	3860
sections.	3861

(GG) "Victim-offender mediation" means a reconciliation or	3862
mediation program that involves an offender and the victim of the	3863
offense committed by the offender and that includes a meeting in	3864
which the offender and the victim may discuss the offense, discuss	3865
restitution, and consider other sanctions for the offense.	3866

(HH) "Fourth degree felony OVI offense" means a violation of	3867
division (A) of section 4511.19 of the Revised Code that, under	3868
division (G) of that section, is a felony of the fourth degree.	3869

(II) "Mandatory term of local incarceration" means the term	3870
of sixty or one hundred twenty days in a jail, a community-based	3871
correctional facility, a halfway house, or an alternative	3872
residential facility that a sentencing court may impose upon a	3873
person who is convicted of or pleads guilty to a fourth degree	3874
felony OVI offense pursuant to division (G)(1) of section 2929.13	3875
of the Revised Code and division (G)(1)(d) or (e) of section	3876
4511.19 of the Revised Code.	3877

(JJ) "Designated homicide, assault, or kidnapping offense,"	3878
"violent sex offense," "sexual motivation specification,"	3879
"sexually violent offense," "sexually violent predator," and	3880
"sexually violent predator specification" have the same meanings	3881
as in section 2971.01 of the Revised Code.	3882

(KK) "Sexually oriented offense," "child-victim oriented	3883
offense," ~~and~~ "tier III sex offender/child-victim offender,"	3884
"sexual predator," "child-victim predator," "habitual sex	3885
offender," and "habitual child-victim offender" have the same	3886
meanings as in section 2950.01 of the Revised Code.	3887

(LL) An offense is "committed in the vicinity of a child" if	3888
the offender commits the offense within thirty feet of or within	3889
the same residential unit as a child who is under eighteen years	3890
of age, regardless of whether the offender knows the age of the	3891
child or whether the offender knows the offense is being committed	3892
within thirty feet of or within the same residential unit as the	3893
child and regardless of whether the child actually views the	3894
commission of the offense.	3895

(MM) "Family or household member" has the same meaning as in	3896
section 2919.25 of the Revised Code.	3897

(NN) "Motor vehicle" and "manufactured home" have the same	3898
meanings as in section 4501.01 of the Revised Code.	3899

(OO) "Detention" and "detention facility" have the same	3900
meanings as in section 2921.01 of the Revised Code.	3901

(PP) "Third degree felony OVI offense" means a violation of	3902
division (A) of section 4511.19 of the Revised Code that, under	3903
division (G) of that section, is a felony of the third degree.	3904

(QQ) "Random drug testing" has the same meaning as in section	3905
5120.63 of the Revised Code.	3906

(RR) "Felony sex offense" has the same meaning as in section	3907
2967.28 of the Revised Code.	3908

(SS) "Body armor" has the same meaning as in section	3909
2941.1411 of the Revised Code.	3910

(TT) "Electronic monitoring" means monitoring through the use	3911
of an electronic monitoring device.	3912

(UU) "Electronic monitoring device" means any of the	3913
following:	3914

(1) Any device that can be operated by electrical or battery	3915
power and that conforms with all of the following:	3916

(a) The device has a transmitter that can be attached to a	3917
person, that will transmit a specified signal to a receiver of the	3918
type described in division (UU)(1)(b) of this section if the	3919
transmitter is removed from the person, turned off, or altered in	3920
any manner without prior court approval in relation to electronic	3921
monitoring or without prior approval of the department of	3922
rehabilitation and correction in relation to the use of an	3923
electronic monitoring device for an inmate on transitional control	3924
or otherwise is tampered with, that can transmit continuously and	3925
periodically a signal to that receiver when the person is within a	3926
specified distance from the receiver, and that can transmit an	3927
appropriate signal to that receiver if the person to whom it is	3928
attached travels a specified distance from that receiver.	3929

(b) The device has a receiver that can receive continuously	3930
the signals transmitted by a transmitter of the type described in	3931
division (UU)(1)(a) of this section, can transmit continuously	3932
those signals by a wireless or landline telephone connection to a	3933
central monitoring computer of the type described in division	3934
(UU)(1)(c) of this section, and can transmit continuously an	3935
appropriate signal to that central monitoring computer if the	3936
device has been turned off or altered without prior court approval	3937
or otherwise tampered with. The device is designed specifically	3938
for use in electronic monitoring, is not a converted wireless	3939
phone or another tracking device that is clearly not designed for	3940
electronic monitoring, and provides a means of text-based or voice	3941
communication with the person.	3942

(c) The device has a central monitoring computer that can	3943
receive continuously the signals transmitted by a wireless or	3944
landline telephone connection by a receiver of the type described	3945
in division (UU)(1)(b) of this section and can monitor	3946
continuously the person to whom an electronic monitoring device of	3947
the type described in division (UU)(1)(a) of this section is	3948
attached.	3949

(2) Any device that is not a device of the type described in	3950
division (UU)(1) of this section and that conforms with all of the	3951
following:	3952

(a) The device includes a transmitter and receiver that can	3953
monitor and determine the location of a subject person at any	3954
time, or at a designated point in time, through the use of a	3955
central monitoring computer or through other electronic means.	3956

(b) The device includes a transmitter and receiver that can	3957
determine at any time, or at a designated point in time, through	3958
the use of a central monitoring computer or other electronic means	3959
the fact that the transmitter is turned off or altered in any	3960
manner without prior approval of the court in relation to the	3961
electronic monitoring or without prior approval of the department	3962
of rehabilitation and correction in relation to the use of an	3963
electronic monitoring device for an inmate on transitional control	3964
or otherwise is tampered with.	3965

(3) Any type of technology that can adequately track or	3966
determine the location of a subject person at any time and that is	3967
approved by the director of rehabilitation and correction,	3968
including, but not limited to, any satellite technology, voice	3969
tracking system, or retinal scanning system that is so approved.	3970

(VV) "Non-economic loss" means nonpecuniary harm suffered by	3971
a victim of an offense as a result of or related to the commission	3972
of the offense, including, but not limited to, pain and suffering;	3973
loss of society, consortium, companionship, care, assistance,	3974
attention, protection, advice, guidance, counsel, instruction,	3975
training, or education; mental anguish; and any other intangible	3976
loss.	3977

(WW) "Prosecutor" has the same meaning as in section 2935.01	3978
of the Revised Code.	3979

(XX) "Continuous alcohol monitoring" means the ability to	3980
automatically test and periodically transmit alcohol consumption	3981
levels and tamper attempts at least every hour, regardless of the	3982
location of the person who is being monitored.	3983

(YY) A person is "adjudicated a sexually violent predator" if	3984
the person is convicted of or pleads guilty to a violent sex	3985
offense and also is convicted of or pleads guilty to a sexually	3986
violent predator specification that was included in the	3987
indictment, count in the indictment, or information charging that	3988
violent sex offense or if the person is convicted of or pleads	3989
guilty to a designated homicide, assault, or kidnapping offense	3990
and also is convicted of or pleads guilty to both a sexual	3991
motivation specification and a sexually violent predator	3992
specification that were included in the indictment, count in the	3993
indictment, or information charging that designated homicide,	3994
assault, or kidnapping offense.	3995

(ZZ) An offense is "committed in proximity to a school" if	3996
the offender commits the offense in a school safety zone or within	3997
five hundred feet of any school building or the boundaries of any	3998
school premises, regardless of whether the offender knows the	3999
offense is being committed in a school safety zone or within five	4000
hundred feet of any school building or the boundaries of any	4001
school premises.	4002

(AAA) "Human trafficking" means a scheme or plan to which all	4003
of the following apply:	4004

(1) Its object is to subject a victim or victims to	4005
involuntary servitude, as defined in section 2905.31 of the	4006
Revised Code, to compel a victim or victims to engage in sexual	4007
activity for hire, to engage in a performance that is obscene,	4008
sexually oriented, or nudity oriented, or to be a model or	4009
participant in the production of material that is obscene,	4010
sexually oriented, or nudity oriented.	4011

(2) It involves at least two felony offenses, whether or not	4012
there has been a prior conviction for any of the felony offenses,	4013
to which all of the following apply:	4014

(a) Each of the felony offenses is a violation of section	4015
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	4016
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	4017
(4), or (5) of section 2919.22 of the Revised Code or is a	4018
violation of a law of any state other than this state that is	4019
substantially similar to any of the sections or divisions of the	4020
Revised Code identified in this division.	4021

(b) At least one of the felony offenses was committed in this	4022
state.	4023

(c) The felony offenses are related to the same scheme or	4024
plan and are not isolated instances.	4025

(BBB) "Material," "nudity," "obscene," "performance," and	4026
"sexual activity" have the same meanings as in section 2907.01 of	4027
the Revised Code.	4028

(CCC) "Material that is obscene, sexually oriented, or nudity	4029
oriented" means any material that is obscene, that shows a person	4030
participating or engaging in sexual activity, masturbation, or	4031
bestiality, or that shows a person in a state of nudity.	4032

(DDD) "Performance that is obscene, sexually oriented, or	4033
nudity oriented" means any performance that is obscene, that shows	4034
a person participating or engaging in sexual activity,	4035
masturbation, or bestiality, or that shows a person in a state of	4036
nudity.	4037

Sec. 2929.13. (A) Except as provided in division (E), (F),	4038
or (G) of this section and unless a specific sanction is required	4039
to be imposed or is precluded from being imposed pursuant to law,	4040
a court that imposes a sentence upon an offender for a felony may	4041
impose any sanction or combination of sanctions on the offender	4042
that are provided in sections 2929.14 to 2929.18 of the Revised	4043
Code.	4044

If the offender is eligible to be sentenced to community	4045
control sanctions, the court shall consider the appropriateness of	4046
imposing a financial sanction pursuant to section 2929.18 of the	4047
Revised Code or a sanction of community service pursuant to	4048
section 2929.17 of the Revised Code as the sole sanction for the	4049
offense. Except as otherwise provided in this division, if the	4050
court is required to impose a mandatory prison term for the	4051
offense for which sentence is being imposed, the court also shall	4052
impose any financial sanction pursuant to section 2929.18 of the	4053
Revised Code that is required for the offense and may impose any	4054
other financial sanction pursuant to that section but may not	4055
impose any additional sanction or combination of sanctions under	4056
section 2929.16 or 2929.17 of the Revised Code.	4057

If the offender is being sentenced for a fourth degree felony	4058
OVI offense or for a third degree felony OVI offense, in addition	4059
to the mandatory term of local incarceration or the mandatory	4060
prison term required for the offense by division (G)(1) or (2) of	4061
this section, the court shall impose upon the offender a mandatory	4062
fine in accordance with division (B)(3) of section 2929.18 of the	4063
Revised Code and may impose whichever of the following is	4064
applicable:	4065

(1) For a fourth degree felony OVI offense for which sentence	4066
is imposed under division (G)(1) of this section, an additional	4067
community control sanction or combination of community control	4068
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	4069
the court imposes upon the offender a community control sanction	4070
and the offender violates any condition of the community control	4071
sanction, the court may take any action prescribed in division (B)	4072
of section 2929.15 of the Revised Code relative to the offender,	4073
including imposing a prison term on the offender pursuant to that	4074
division.	4075

(2) For a third or fourth degree felony OVI offense for which	4076
sentence is imposed under division (G)(2) of this section, an	4077
additional prison term as described in division (B)(4) of section	4078
2929.14 of the Revised Code or a community control sanction as	4079
described in division (G)(2) of this section.	4080

(B)(1)(a) Except as provided in division (B)(1)(b) of this	4081
section, if an offender is convicted of or pleads guilty to a	4082
felony of the fourth or fifth degree that is not an offense of	4083
violence or that is a qualifying assault offense, the court shall	4084
sentence the offender to a community control sanction of at least	4085
one year's duration if all of the following apply:	4086

(i) The offender previously has not been convicted of or	4087
pleaded guilty to a felony offense.	4088

(ii) The most serious charge against the offender at the time	4089
of sentencing is a felony of the fourth or fifth degree.	4090

(iii) If the court made a request of the department of	4091
rehabilitation and correction pursuant to division (B)(1)(c) of	4092
this section, the department, within the forty-five-day period	4093
specified in that division, provided the court with the names of,	4094
contact information for, and program details of one or more	4095
community control sanctions of at least one year's duration that	4096
are available for persons sentenced by the court.	4097

(iv) The offender previously has not been convicted of or	4098
pleaded guilty to a misdemeanor offense of violence that the	4099
offender committed within two years prior to the offense for which	4100
sentence is being imposed.	4101

(b) The court has discretion to impose a prison term upon an	4102
offender who is convicted of or pleads guilty to a felony of the	4103
fourth or fifth degree that is not an offense of violence or that	4104
is a qualifying assault offense if any of the following apply:	4105

(i) The offender committed the offense while having a firearm	4106
on or about the offender's person or under the offender's control.	4107

(ii) If the offense is a qualifying assault offense, the	4108
offender caused serious physical harm to another person while	4109
committing the offense, and, if the offense is not a qualifying	4110
assault offense, the offender caused physical harm to another	4111
person while committing the offense.	4112

(iii) The offender violated a term of the conditions of bond	4113
as set by the court.	4114

(iv) The court made a request of the department of	4115
rehabilitation and correction pursuant to division (B)(1)(c) of	4116
this section, and the department, within the forty-five-day period	4117
specified in that division, did not provide the court with the	4118
name of, contact information for, and program details of any	4119
community control sanction of at least one year's duration that is	4120
available for persons sentenced by the court.	4121

(v) The offense is a sex offense that is a fourth or fifth	4122
degree felony violation of any provision of Chapter 2907. of the	4123
Revised Code.	4124

(vi) In committing the offense, the offender attempted to	4125
cause or made an actual threat of physical harm to a person with a	4126
deadly weapon.	4127

(vii) In committing the offense, the offender attempted to	4128
cause or made an actual threat of physical harm to a person, and	4129
the offender previously was convicted of an offense that caused	4130
physical harm to a person.	4131

(viii) The offender held a public office or position of	4132
trust, and the offense related to that office or position; the	4133
offender's position obliged the offender to prevent the offense or	4134
to bring those committing it to justice; or the offender's	4135
professional reputation or position facilitated the offense or was	4136
likely to influence the future conduct of others.	4137

(ix) The offender committed the offense for hire or as part	4138
of an organized criminal activity.	4139

(x) The offender at the time of the offense was serving, or	4140
the offender previously had served, a prison term.	4141

(xi) The offender committed the offense while under a	4142
community control sanction, while on probation, or while released	4143
from custody on a bond or personal recognizance.	4144

(c) If a court that is sentencing an offender who is	4145
convicted of or pleads guilty to a felony of the fourth or fifth	4146
degree that is not an offense of violence or that is a qualifying	4147
assault offense believes that no community control sanctions are	4148
available for its use that, if imposed on the offender, will	4149
adequately fulfill the overriding principles and purposes of	4150
sentencing, the court shall contact the department of	4151
rehabilitation and correction and ask the department to provide	4152
the court with the names of, contact information for, and program	4153
details of one or more community control sanctions of at least one	4154
year's duration that are available for persons sentenced by the	4155
court. Not later than forty-five days after receipt of a request	4156
from a court under this division, the department shall provide the	4157
court with the names of, contact information for, and program	4158
details of one or more community control sanctions of at least one	4159
year's duration that are available for persons sentenced by the	4160
court, if any. Upon making a request under this division that	4161
relates to a particular offender, a court shall defer sentencing	4162
of that offender until it receives from the department the names	4163
of, contact information for, and program details of one or more	4164
community control sanctions of at least one year's duration that	4165
are available for persons sentenced by the court or for forty-five	4166
days, whichever is the earlier.	4167

If the department provides the court with the names of,	4168
contact information for, and program details of one or more	4169
community control sanctions of at least one year's duration that	4170
are available for persons sentenced by the court within the	4171
forty-five-day period specified in this division, the court shall	4172
impose upon the offender a community control sanction under	4173
division (B)(1)(a) of this section, except that the court may	4174
impose a prison term under division (B)(1)(b) of this section if a	4175
factor described in division (B)(1)(b)(i) or (ii) of this section	4176
applies. If the department does not provide the court with the	4177
names of, contact information for, and program details of one or	4178
more community control sanctions of at least one year's duration	4179
that are available for persons sentenced by the court within the	4180
forty-five-day period specified in this division, the court may	4181
impose upon the offender a prison term under division	4182
(B)(1)(b)(iv) of this section.	4183

(d) A sentencing court may impose an additional penalty under	4184
division (B) of section 2929.15 of the Revised Code upon an	4185
offender sentenced to a community control sanction under division	4186
(B)(1)(a) of this section if the offender violates the conditions	4187
of the community control sanction, violates a law, or leaves the	4188
state without the permission of the court or the offender's	4189
probation officer.	4190

(2) If division (B)(1) of this section does not apply, except	4191
as provided in division (E), (F), or (G) of this section, in	4192
determining whether to impose a prison term as a sanction for a	4193
felony of the fourth or fifth degree, the sentencing court shall	4194
comply with the purposes and principles of sentencing under	4195
section 2929.11 of the Revised Code and with section 2929.12 of	4196
the Revised Code.	4197

(C) Except as provided in division (D), (E), (F), or (G) of	4198
this section, in determining whether to impose a prison term as a	4199
sanction for a felony of the third degree or a felony drug offense	4200
that is a violation of a provision of Chapter 2925. of the Revised	4201
Code and that is specified as being subject to this division for	4202
purposes of sentencing, the sentencing court shall comply with the	4203
purposes and principles of sentencing under section 2929.11 of the	4204
Revised Code and with section 2929.12 of the Revised Code.	4205

(D)(1) Except as provided in division (E) or (F) of this	4206
section, for a felony of the first or second degree, for a felony	4207
drug offense that is a violation of any provision of Chapter	4208
2925., 3719., or 4729. of the Revised Code for which a presumption	4209
in favor of a prison term is specified as being applicable, and	4210
for a violation of division (A)(4) or (B) of section 2907.05 of	4211
the Revised Code for which a presumption in favor of a prison term	4212
is specified as being applicable, it is presumed that a prison	4213
term is necessary in order to comply with the purposes and	4214
principles of sentencing under section 2929.11 of the Revised	4215
Code. Division (D)(2) of this section does not apply to a	4216
presumption established under this division for a violation of	4217
division (A)(4) of section 2907.05 of the Revised Code.	4218

(2) Notwithstanding the presumption established under	4219
division (D)(1) of this section for the offenses listed in that	4220
division other than a violation of division (A)(4) or (B) of	4221
section 2907.05 of the Revised Code, the sentencing court may	4222
impose a community control sanction or a combination of community	4223
control sanctions instead of a prison term on an offender for a	4224
felony of the first or second degree or for a felony drug offense	4225
that is a violation of any provision of Chapter 2925., 3719., or	4226
4729. of the Revised Code for which a presumption in favor of a	4227
prison term is specified as being applicable if it makes both of	4228
the following findings:	4229

(a) A community control sanction or a combination of	4230
community control sanctions would adequately punish the offender	4231
and protect the public from future crime, because the applicable	4232
factors under section 2929.12 of the Revised Code indicating a	4233
lesser likelihood of recidivism outweigh the applicable factors	4234
under that section indicating a greater likelihood of recidivism.	4235

(b) A community control sanction or a combination of	4236
community control sanctions would not demean the seriousness of	4237
the offense, because one or more factors under section 2929.12 of	4238
the Revised Code that indicate that the offender's conduct was	4239
less serious than conduct normally constituting the offense are	4240
applicable, and they outweigh the applicable factors under that	4241
section that indicate that the offender's conduct was more serious	4242
than conduct normally constituting the offense.	4243

(E)(1) Except as provided in division (F) of this section,	4244
for any drug offense that is a violation of any provision of	4245
Chapter 2925. of the Revised Code and that is a felony of the	4246
third, fourth, or fifth degree, the applicability of a presumption	4247
under division (D) of this section in favor of a prison term or of	4248
division (B) or (C) of this section in determining whether to	4249
impose a prison term for the offense shall be determined as	4250
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	4251
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	4252
Revised Code, whichever is applicable regarding the violation.	4253

(2) If an offender who was convicted of or pleaded guilty to	4254
a felony violates the conditions of a community control sanction	4255
imposed for the offense solely by reason of producing positive	4256
results on a drug test, the court, as punishment for the violation	4257
of the sanction, shall not order that the offender be imprisoned	4258
unless the court determines on the record either of the following:	4259

(a) The offender had been ordered as a sanction for the	4260
felony to participate in a drug treatment program, in a drug	4261
education program, or in narcotics anonymous or a similar program,	4262
and the offender continued to use illegal drugs after a reasonable	4263
period of participation in the program.	4264

(b) The imprisonment of the offender for the violation is	4265
consistent with the purposes and principles of sentencing set	4266
forth in section 2929.11 of the Revised Code.	4267

(3) A court that sentences an offender for a drug abuse	4268
offense that is a felony of the third, fourth, or fifth degree may	4269
require that the offender be assessed by a properly credentialed	4270
professional within a specified period of time. The court shall	4271
require the professional to file a written assessment of the	4272
offender with the court. If the offender is eligible for a	4273
community control sanction and after considering the written	4274
assessment, the court may impose a community control sanction that	4275
includes treatment and recovery support services authorized by	4276
section 3793.02 of the Revised Code. If the court imposes	4277
treatment and recovery support services as a community control	4278
sanction, the court shall direct the level and type of treatment	4279
and recovery support services after considering the assessment and	4280
recommendation of treatment and recovery support services	4281
providers.	4282

(F) Notwithstanding divisions (A) to (E) of this section, the	4283
court shall impose a prison term or terms under sections 2929.02	4284
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	4285
of the Revised Code and except as specifically provided in section	4286
2929.20, divisions (C) to (I) of section 2967.19, or section	4287
2967.191 of the Revised Code or when parole is authorized for the	4288
offense under section 2967.13 of the Revised Code shall not reduce	4289
the term or terms pursuant to section 2929.20, section 2967.19,	4290
section 2967.193, or any other provision of Chapter 2967. or	4291
Chapter 5120. of the Revised Code for any of the following	4292
offenses:	4293

(1) Aggravated murder when death is not imposed or murder;

4294

(2) Any rape, regardless of whether force was involved and	4295
regardless of the age of the victim, or an attempt to commit rape	4296
if, had the offender completed the rape that was attempted, the	4297
offender would have been guilty of a violation of division	4298
(A)(1)(b) of section 2907.02 of the Revised Code and would be	4299
sentenced under section 2971.03 of the Revised Code;	4300

(3) Gross sexual imposition or sexual battery, if the victim	4301
is less than thirteen years of age and if any of the following	4302
applies:	4303

(a) Regarding gross sexual imposition, the offender	4304
previously was convicted of or pleaded guilty to rape, the former	4305
offense of felonious sexual penetration, gross sexual imposition,	4306
or sexual battery, and the victim of the previous offense was less	4307
than thirteen years of age;	4308

(b) Regarding gross sexual imposition, the offense was	4309
committed on or after August 3, 2006, and evidence other than the	4310
testimony of the victim was admitted in the case corroborating the	4311
violation.	4312

(c) Regarding sexual battery, either of the following	4313
applies:	4314

(i) The offense was committed prior to August 3, 2006, the	4315
offender previously was convicted of or pleaded guilty to rape,	4316
the former offense of felonious sexual penetration, or sexual	4317
battery, and the victim of the previous offense was less than	4318
thirteen years of age.	4319

(ii) The offense was committed on or after August 3, 2006.

4320

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	4321
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	4322
if the section requires the imposition of a prison term;	4323

(5) A first, second, or third degree felony drug offense for	4324
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	4325
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	4326
4729.99 of the Revised Code, whichever is applicable regarding the	4327
violation, requires the imposition of a mandatory prison term;	4328

(6) Any offense that is a first or second degree felony and	4329
that is not set forth in division (F)(1), (2), (3), or (4) of this	4330
section, if the offender previously was convicted of or pleaded	4331
guilty to aggravated murder, murder, any first or second degree	4332
felony, or an offense under an existing or former law of this	4333
state, another state, or the United States that is or was	4334
substantially equivalent to one of those offenses;	4335

(7) Any offense that is a third degree felony and either is a	4336
violation of section 2903.04 of the Revised Code or an attempt to	4337
commit a felony of the second degree that is an offense of	4338
violence and involved an attempt to cause serious physical harm to	4339
a person or that resulted in serious physical harm to a person if	4340
the offender previously was convicted of or pleaded guilty to any	4341
of the following offenses:	4342

(a) Aggravated murder, murder, involuntary manslaughter,	4343
rape, felonious sexual penetration as it existed under section	4344
2907.12 of the Revised Code prior to September 3, 1996, a felony	4345
of the first or second degree that resulted in the death of a	4346
person or in physical harm to a person, or complicity in or an	4347
attempt to commit any of those offenses;	4348

(b) An offense under an existing or former law of this state,	4349
another state, or the United States that is or was substantially	4350
equivalent to an offense listed in division (F)(7)(a) of this	4351
section that resulted in the death of a person or in physical harm	4352
to a person.	4353

(8) Any offense, other than a violation of section 2923.12 of	4354
the Revised Code, that is a felony, if the offender had a firearm	4355
on or about the offender's person or under the offender's control	4356
while committing the felony, with respect to a portion of the	4357
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	4358
of the Revised Code for having the firearm;	4359

(9) Any offense of violence that is a felony, if the offender	4360
wore or carried body armor while committing the felony offense of	4361
violence, with respect to the portion of the sentence imposed	4362
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	4363
Code for wearing or carrying the body armor;	4364

(10) Corrupt activity in violation of section 2923.32 of the	4365
Revised Code when the most serious offense in the pattern of	4366
corrupt activity that is the basis of the offense is a felony of	4367
the first degree;	4368

(11) Any violent sex offense or designated homicide, assault,	4369
or kidnapping offense if, in relation to that offense, the	4370
offender is adjudicated a sexually violent predator;	4371

(12) A violation of division (A)(1) or (2) of section 2921.36	4372
of the Revised Code, or a violation of division (C) of that	4373
section involving an item listed in division (A)(1) or (2) of that	4374
section, if the offender is an officer or employee of the	4375
department of rehabilitation and correction;	4376

(13) A violation of division (A)(1) or (2) of section 2903.06	4377
of the Revised Code if the victim of the offense is a peace	4378
officer, as defined in section 2935.01 of the Revised Code, or an	4379
investigator of the bureau of criminal identification and	4380
investigation, as defined in section 2903.11 of the Revised Code,	4381
with respect to the portion of the sentence imposed pursuant to	4382
division (B)(5) of section 2929.14 of the Revised Code;	4383

(14) A violation of division (A)(1) or (2) of section 2903.06	4384
of the Revised Code if the offender has been convicted of or	4385
pleaded guilty to three or more violations of division (A) or (B)	4386
of section 4511.19 of the Revised Code or an equivalent offense,	4387
as defined in section 2941.1415 of the Revised Code, or three or	4388
more violations of any combination of those divisions and	4389
offenses, with respect to the portion of the sentence imposed	4390
pursuant to division (B)(6) of section 2929.14 of the Revised	4391
Code;	4392

(15) Kidnapping, in the circumstances specified in section	4393
2971.03 of the Revised Code and when no other provision of	4394
division (F) of this section applies;	4395

(16) Kidnapping, abduction, compelling prostitution,	4396
promoting prostitution, engaging in a pattern of corrupt activity,	4397
illegal use of a minor in a nudity-oriented material or	4398
performance in violation of division (A)(1) or (2) of section	4399
2907.323 of the Revised Code, or endangering children in violation	4400
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	4401
the Revised Code, if the offender is convicted of or pleads guilty	4402
to a specification as described in section 2941.1422 of the	4403
Revised Code that was included in the indictment, count in the	4404
indictment, or information charging the offense;	4405

(17) A felony violation of division (A) or (B) of section	4406
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	4407
that section, and division (D)(6) of that section, require the	4408
imposition of a prison term;	4409

(18) A felony violation of section 2903.11, 2903.12, or	4410
2903.13 of the Revised Code, if the victim of the offense was a	4411
woman that the offender knew was pregnant at the time of the	4412
violation, with respect to a portion of the sentence imposed	4413
pursuant to division (B)(8) of section 2929.14 of the Revised	4414
Code.	4415

(G) Notwithstanding divisions (A) to (E) of this section, if	4416
an offender is being sentenced for a fourth degree felony OVI	4417
offense or for a third degree felony OVI offense, the court shall	4418
impose upon the offender a mandatory term of local incarceration	4419
or a mandatory prison term in accordance with the following:	4420

(1) If the offender is being sentenced for a fourth degree	4421
felony OVI offense and if the offender has not been convicted of	4422
and has not pleaded guilty to a specification of the type	4423
described in section 2941.1413 of the Revised Code, the court may	4424
impose upon the offender a mandatory term of local incarceration	4425
of sixty days or one hundred twenty days as specified in division	4426
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	4427
not reduce the term pursuant to section 2929.20, 2967.193, or any	4428
other provision of the Revised Code. The court that imposes a	4429
mandatory term of local incarceration under this division shall	4430
specify whether the term is to be served in a jail, a	4431
community-based correctional facility, a halfway house, or an	4432
alternative residential facility, and the offender shall serve the	4433
term in the type of facility specified by the court. A mandatory	4434
term of local incarceration imposed under division (G)(1) of this	4435
section is not subject to any other Revised Code provision that	4436
pertains to a prison term except as provided in division (A)(1) of	4437
this section.	4438

(2) If the offender is being sentenced for a third degree	4439
felony OVI offense, or if the offender is being sentenced for a	4440
fourth degree felony OVI offense and the court does not impose a	4441
mandatory term of local incarceration under division (G)(1) of	4442
this section, the court shall impose upon the offender a mandatory	4443
prison term of one, two, three, four, or five years if the	4444
offender also is convicted of or also pleads guilty to a	4445
specification of the type described in section 2941.1413 of the	4446
Revised Code or shall impose upon the offender a mandatory prison	4447
term of sixty days or one hundred twenty days as specified in	4448
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	4449
if the offender has not been convicted of and has not pleaded	4450
guilty to a specification of that type. Subject to divisions (C)	4451
to (I) of section 2967.19 of the Revised Code, the court shall not	4452
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	4453
any other provision of the Revised Code. The offender shall serve	4454
the one-, two-, three-, four-, or five-year mandatory prison term	4455
consecutively to and prior to the prison term imposed for the	4456
underlying offense and consecutively to any other mandatory prison	4457
term imposed in relation to the offense. In no case shall an	4458
offender who once has been sentenced to a mandatory term of local	4459
incarceration pursuant to division (G)(1) of this section for a	4460
fourth degree felony OVI offense be sentenced to another mandatory	4461
term of local incarceration under that division for any violation	4462
of division (A) of section 4511.19 of the Revised Code. In	4463
addition to the mandatory prison term described in division (G)(2)	4464
of this section, the court may sentence the offender to a	4465
community control sanction under section 2929.16 or 2929.17 of the	4466
Revised Code, but the offender shall serve the prison term prior	4467
to serving the community control sanction. The department of	4468
rehabilitation and correction may place an offender sentenced to a	4469
mandatory prison term under this division in an intensive program	4470
prison established pursuant to section 5120.033 of the Revised	4471
Code if the department gave the sentencing judge prior notice of	4472
its intent to place the offender in an intensive program prison	4473
established under that section and if the judge did not notify the	4474
department that the judge disapproved the placement. Upon the	4475
establishment of the initial intensive program prison pursuant to	4476
section 5120.033 of the Revised Code that is privately operated	4477
and managed by a contractor pursuant to a contract entered into	4478
under section 9.06 of the Revised Code, both of the following	4479
apply:	4480

(a) The department of rehabilitation and correction shall	4481
make a reasonable effort to ensure that a sufficient number of	4482
offenders sentenced to a mandatory prison term under this division	4483
are placed in the privately operated and managed prison so that	4484
the privately operated and managed prison has full occupancy.	4485

(b) Unless the privately operated and managed prison has full	4486
occupancy, the department of rehabilitation and correction shall	4487
not place any offender sentenced to a mandatory prison term under	4488
this division in any intensive program prison established pursuant	4489
to section 5120.033 of the Revised Code other than the privately	4490
operated and managed prison.	4491

(H) If an offender is being sentenced for a sexually oriented	4492
offense or child-victim oriented offense that is a felony	4493
committed on or after January 1, 1997, the judge shall require the	4494
offender to submit to a DNA specimen collection procedure pursuant	4495
to section 2901.07 of the Revised Code.	4496

(I) If an offender is being sentenced for a sexually oriented	4497
offense or a child-victim oriented offense committed on or after	4498
January 1, 1997, the judge shall include in the sentence a summary	4499
of the offender's duties imposed under sections 2950.04, 2950.041,	4500
2950.05, and 2950.06 of the Revised Code and the duration of the	4501
duties. The judge shall inform the offender, at the time of	4502
sentencing, of those duties and of their duration. If required	4503
under division (A)(2) of section 2950.03 of the Revised Code, the	4504
judge shall perform the duties specified in that section, or, if	4505
required under division (A)~~(6)~~(5) of section 2950.03 of the	4506
Revised Code, the judge shall perform the duties specified in that	4507
division.	4508

(J)(1) Except as provided in division (J)(2) of this section,	4509
when considering sentencing factors under this section in relation	4510
to an offender who is convicted of or pleads guilty to an attempt	4511
to commit an offense in violation of section 2923.02 of the	4512
Revised Code, the sentencing court shall consider the factors	4513
applicable to the felony category of the violation of section	4514
2923.02 of the Revised Code instead of the factors applicable to	4515
the felony category of the offense attempted.	4516

(2) When considering sentencing factors under this section in	4517
relation to an offender who is convicted of or pleads guilty to an	4518
attempt to commit a drug abuse offense for which the penalty is	4519
determined by the amount or number of unit doses of the controlled	4520
substance involved in the drug abuse offense, the sentencing court	4521
shall consider the factors applicable to the felony category that	4522
the drug abuse offense attempted would be if that drug abuse	4523
offense had been committed and had involved an amount or number of	4524
unit doses of the controlled substance that is within the next	4525
lower range of controlled substance amounts than was involved in	4526
the attempt.	4527

(K) As used in this section:

4528

(1) "Drug abuse offense" has the same meaning as in section	4529
2925.01 of the Revised Code.	4530

(2) "Qualifying assault offense" means a violation of section	4531
2903.13 of the Revised Code for which the penalty provision in	4532
division (C)(7)(b) or (C)(8)(b) of that section applies.	4533

(L) At the time of sentencing an offender for any sexually	4534
oriented offense, if the offender is a tier III sex	4535
offender/child-victim offender or sexual predator relative to that	4536
offense and the offender does not serve a prison term or jail	4537
term, the court may require that the offender be monitored by	4538
means of a global positioning device. If the court requires such	4539
monitoring, the cost of monitoring shall be borne by the offender.	4540
If the offender is indigent, the cost of compliance shall be paid	4541
by the crime victims reparations fund.	4542

Sec. 2929.19. (A)(1) The court shall hold a sentencing	4543
hearing before imposing a sentence under this chapter upon an	4544
offender who was convicted of or pleaded guilty to a felony and	4545
before resentencing an offender who was convicted of or pleaded	4546
guilty to a felony and whose case was remanded pursuant to section	4547
2953.07 or 2953.08 of the Revised Code. At the hearing, the	4548
offender, the prosecuting attorney, the victim or the victim's	4549
representative in accordance with section 2930.14 of the Revised	4550
Code, and, with the approval of the court, any other person may	4551
present information relevant to the imposition of sentence in the	4552
case. The court shall inform the offender of the verdict of the	4553
jury or finding of the court and ask the offender whether the	4554
offender has anything to say as to why sentence should not be	4555
imposed upon the offender.	4556

(2) Except as otherwise provided in this division, before	4557
imposing sentence on an offender who is being sentenced for a	4558
sexually oriented offense committed prior to January 1, 2008, the	4559
court shall conduct a hearing in accordance with division (B) of	4560
section 2950.09 of the Revised Code to determine whether the	4561
offender is a sexual predator, and the court also shall comply	4562
with division (E) of that section. The court shall not conduct the	4563
hearing in circumstances in which section 2950.09 of the Revised	4564
Code specifies that the hearing is not to be conducted.	4565

Before imposing sentence on an offender who is being	4566
sentenced for a child-victim oriented offense committed prior to	4567
January 1, 2008, the court shall conduct a hearing in accordance	4568
with division (B) of section 2950.091 of the Revised Code to	4569
determine whether the offender is a child-victim predator, and the	4570
court also shall comply with division (E) of that section.	4571

(B)(1) At the sentencing hearing, the court, before imposing	4572
sentence, shall consider the record, any information presented at	4573
the hearing by any person pursuant to division (A) of this	4574
section, and, if one was prepared, the presentence investigation	4575
report made pursuant to section 2951.03 of the Revised Code or	4576
Criminal Rule 32.2, and any victim impact statement made pursuant	4577
to section 2947.051 of the Revised Code.	4578

(2) Subject to division (B)(3) of this section, if the	4579
sentencing court determines at the sentencing hearing that a	4580
prison term is necessary or required, the court shall do all of	4581
the following:	4582

(a) Impose a stated prison term and, if the court imposes a	4583
mandatory prison term, notify the offender that the prison term is	4584
a mandatory prison term;	4585

(b) In addition to any other information, include in the	4586
sentencing entry the name and section reference to the offense or	4587
offenses, the sentence or sentences imposed and whether the	4588
sentence or sentences contain mandatory prison terms, if sentences	4589
are imposed for multiple counts whether the sentences are to be	4590
served concurrently or consecutively, and the name and section	4591
reference of any specification or specifications for which	4592
sentence is imposed and the sentence or sentences imposed for the	4593
specification or specifications;	4594

(c) Notify the offender that the offender will be supervised	4595
under section 2967.28 of the Revised Code after the offender	4596
leaves prison if the offender is being sentenced for a felony of	4597
the first degree or second degree, for a felony sex offense, or	4598
for a felony of the third degree that is not a felony sex offense	4599
and in the commission of which the offender caused or threatened	4600
to cause physical harm to a person. This division applies with	4601
respect to all prison terms imposed for an offense of a type	4602
described in this division, including a term imposed for any such	4603
offense that is a risk reduction sentence, as defined in section	4604
2967.28 of the Revised Code. If a court imposes a sentence	4605
including a prison term of a type described in division (B)(2)(c)	4606
of this section on or after July 11, 2006, the failure of a court	4607
to notify the offender pursuant to division (B)(2)(c) of this	4608
section that the offender will be supervised under section 2967.28	4609
of the Revised Code after the offender leaves prison or to include	4610
in the judgment of conviction entered on the journal a statement	4611
to that effect does not negate, limit, or otherwise affect the	4612
mandatory period of supervision that is required for the offender	4613
under division (B) of section 2967.28 of the Revised Code. Section	4614
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	4615
court imposed a sentence including a prison term of a type	4616
described in division (B)(2)(c) of this section and failed to	4617
notify the offender pursuant to division (B)(2)(c) of this section	4618
regarding post-release control or to include in the judgment of	4619
conviction entered on the journal or in the sentence a statement	4620
regarding post-release control.	4621

(d) Notify the offender that the offender may be supervised	4622
under section 2967.28 of the Revised Code after the offender	4623
leaves prison if the offender is being sentenced for a felony of	4624
the third, fourth, or fifth degree that is not subject to division	4625
(B)(2)(c) of this section. This division applies with respect to	4626
all prison terms imposed for an offense of a type described in	4627
this division, including a term imposed for any such offense that	4628
is a risk reduction sentence, as defined in section 2967.28 of the	4629
Revised Code. Section 2929.191 of the Revised Code applies if,	4630
prior to July 11, 2006, a court imposed a sentence including a	4631
prison term of a type described in division (B)(2)(d) of this	4632
section and failed to notify the offender pursuant to division	4633
(B)(2)(d) of this section regarding post-release control or to	4634
include in the judgment of conviction entered on the journal or in	4635
the sentence a statement regarding post-release control.	4636

(e) Notify the offender that, if a period of supervision is	4637
imposed following the offender's release from prison, as described	4638
in division (B)(2)(c) or (d) of this section, and if the offender	4639
violates that supervision or a condition of post-release control	4640
imposed under division (B) of section 2967.131 of the Revised	4641
Code, the parole board may impose a prison term, as part of the	4642
sentence, of up to one-half of the stated prison term originally	4643
imposed upon the offender. If a court imposes a sentence including	4644
a prison term on or after July 11, 2006, the failure of a court to	4645
notify the offender pursuant to division (B)(2)(e) of this section	4646
that the parole board may impose a prison term as described in	4647
division (B)(2)(e) of this section for a violation of that	4648
supervision or a condition of post-release control imposed under	4649
division (B) of section 2967.131 of the Revised Code or to include	4650
in the judgment of conviction entered on the journal a statement	4651
to that effect does not negate, limit, or otherwise affect the	4652
authority of the parole board to so impose a prison term for a	4653
violation of that nature if, pursuant to division (D)(1) of	4654
section 2967.28 of the Revised Code, the parole board notifies the	4655
offender prior to the offender's release of the board's authority	4656
to so impose a prison term. Section 2929.191 of the Revised Code	4657
applies if, prior to July 11, 2006, a court imposed a sentence	4658
including a prison term and failed to notify the offender pursuant	4659
to division (B)(2)(e) of this section regarding the possibility of	4660
the parole board imposing a prison term for a violation of	4661
supervision or a condition of post-release control.	4662

(f) Require that the offender not ingest or be injected with	4663
a drug of abuse and submit to random drug testing as provided in	4664
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	4665
is applicable to the offender who is serving a prison term, and	4666
require that the results of the drug test administered under any	4667
of those sections indicate that the offender did not ingest or was	4668
not injected with a drug of abuse.	4669

(g)(i) Determine, notify the offender of, and include in the	4670
sentencing entry the number of days that the offender has been	4671
confined for any reason arising out of the offense for which the	4672
offender is being sentenced and by which the department of	4673
rehabilitation and correction must reduce the stated prison term	4674
under section 2967.191 of the Revised Code. The court's	4675
calculation shall not include the number of days, if any, that the	4676
offender previously served in the custody of the department of	4677
rehabilitation and correction arising out of the offense for which	4678
the prisoner was convicted and sentenced.	4679

(ii) In making a determination under division (B)(2)(g)(i) of	4680
this section, the court shall consider the arguments of the	4681
parties and conduct a hearing if one is requested.	4682

(iii) The sentencing court retains continuing jurisdiction to	4683
correct any error not previously raised at sentencing in making a	4684
determination under division (B)(2)(g)(i) of this section. The	4685
offender may, at any time after sentencing, file a motion in the	4686
sentencing court to correct any error made in making a	4687
determination under division (B)(2)(g)(i) of this section, and the	4688
court may in its discretion grant or deny that motion. If the	4689
court changes the number of days in its determination or	4690
redetermination, the court shall cause the entry granting that	4691
change to be delivered to the department of rehabilitation and	4692
correction without delay. Sections 2931.15 and 2953.21 of the	4693
Revised Code do not apply to a motion made under this section.	4694

(iv) An inaccurate determination under division (B)(2)(g)(i)	4695
of this section is not grounds for setting aside the offender's	4696
conviction or sentence and does not otherwise render the sentence	4697
void or voidable.	4698

(3)(a) The court shall include in the offender's sentence a	4699
statement that the offender is a tier III sex	4700
offender/child-victim offender, and the court shall comply with	4701
the requirements of section 2950.03 of the Revised Code if any of	4702
the following apply:	4703

(i) The offender is being sentenced for a violent sex offense	4704
or designated homicide, assault, or kidnapping offense that the	4705
offender committed on or after January 1, ~~1997~~2008, and the	4706
offender is adjudicated a sexually violent predator in relation to	4707
that offense.	4708

(ii) The offender is being sentenced for a sexually oriented	4709
offense that the offender committed on or after January 1, ~~1997~~	4710
2008, and the offender is a tier III sex offender/child-victim	4711
offender relative to that offense.	4712

(iii) The offender is being sentenced ~~on or after July 31,~~	4713
~~2003,~~ for a child-victim oriented offense committed on or after	4714
January 1, 2008, and the offender is a tier III sex	4715
offender/child-victim offender relative to that offense.	4716

(iv) The offender is being sentenced under section 2971.03 of	4717
the Revised Code for a violation of division (A)(1)(b) of section	4718
2907.02 of the Revised Code committed on or after January 21,	4719
~~2007~~2008.	4720

(v) The offender is sentenced to a term of life without	4721
parole under division (B) of section 2907.02 of the Revised Code	4722
for an offense committed on or after January 1, 2008.	4723

(vi) The offender is being sentenced for attempted rape	4724
committed on or after January 21, ~~2007~~2008, and a specification	4725
of the type described in section 2941.1418, 2941.1419, or	4726
2941.1420 of the Revised Code.	4727

(vii) The offender is being sentenced under division	4728
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4729
for an offense described in those divisions committed on or after	4730
January 1, 2008.	4731

(b) The court shall include in the offender's sentence a	4732
statement that the offender has been adjudicated a sexual	4733
predator, has been adjudicated a child-victim predator, or has	4734
been convicted of or pleaded guilty to an aggravated sexually	4735
oriented offense, whichever is applicable, if any of the following	4736
apply:	4737

(i) Division (B)(3)(a)(i) of this section applies to the	4738
offender, except that the offender committed the offense on or	4739
after January 1, 1997, and prior to January 1, 2008.	4740

(ii) The offender is being sentenced for a sexually oriented	4741
offense or child-victim oriented offense that the offender	4742
committed prior to January 1, 2008, and the court imposing	4743
sentence determined pursuant to division (B) of section 2950.09 or	4744
division (B) of section 2950.091 of the Revised Code, as	4745
applicable, that the offender is a sexual predator or a	4746
child-victim predator.	4747

(iii) The offender is being sentenced for an aggravated	4748
sexually oriented offense committed prior to January 1, 2008.	4749

(iv) Division (B)(3)(a)(iv) or (vi) of this section applies	4750
to the offender, except that the offender committed the offense on	4751
or after January 2, 2007, and prior to January 1, 2008.	4752

(v) Division (B)(3)(a)(v) of this section applies to the	4753
offender, except that the offender committed the offense prior to	4754
January 1, 2008.	4755

(c) Additionally, if any criterion set forth in divisions	4756
(B)(3)(a)(i) to (vii) or (B)(3)(b)(i) to (v) of this section, as	4757
applicable, is satisfied, in the circumstances described in	4758
division (E) of section 2929.14 of the Revised Code, the court	4759
shall impose sentence on the offender as described in that	4760
division.	4761

(4) If the sentencing court determines at the sentencing	4762
hearing that a community control sanction should be imposed and	4763
the court is not prohibited from imposing a community control	4764
sanction, the court shall impose a community control sanction. The	4765
court shall notify the offender that, if the conditions of the	4766
sanction are violated, if the offender commits a violation of any	4767
law, or if the offender leaves this state without the permission	4768
of the court or the offender's probation officer, the court may	4769
impose a longer time under the same sanction, may impose a more	4770
restrictive sanction, or may impose a prison term on the offender	4771
and shall indicate the specific prison term that may be imposed as	4772
a sanction for the violation, as selected by the court from the	4773
range of prison terms for the offense pursuant to section 2929.14	4774
of the Revised Code.	4775

(5) Before imposing a financial sanction under section	4776
2929.18 of the Revised Code or a fine under section 2929.32 of the	4777
Revised Code, the court shall consider the offender's present and	4778
future ability to pay the amount of the sanction or fine.	4779

(6) If the sentencing court sentences the offender to a	4780
sanction of confinement pursuant to section 2929.14 or 2929.16 of	4781
the Revised Code that is to be served in a local detention	4782
facility, as defined in section 2929.36 of the Revised Code, and	4783
if the local detention facility is covered by a policy adopted	4784
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	4785
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	4786
and section 2929.37 of the Revised Code, both of the following	4787
apply:	4788

(a) The court shall specify both of the following as part of	4789
the sentence:	4790

(i) If the offender is presented with an itemized bill	4791
pursuant to section 2929.37 of the Revised Code for payment of the	4792
costs of confinement, the offender is required to pay the bill in	4793
accordance with that section.	4794

(ii) If the offender does not dispute the bill described in	4795
division (B)(6)(a)(i) of this section and does not pay the bill by	4796
the times specified in section 2929.37 of the Revised Code, the	4797
clerk of the court may issue a certificate of judgment against the	4798
offender as described in that section.	4799

(b) The sentence automatically includes any certificate of	4800
judgment issued as described in division (B)(6)(a)(ii) of this	4801
section.	4802

(7) The failure of the court to notify the offender that a	4803
prison term is a mandatory prison term pursuant to division	4804
(B)(2)(a) of this section or to include in the sentencing entry	4805
any information required by division (B)(2)(b) of this section	4806
does not affect the validity of the imposed sentence or sentences.	4807
If the sentencing court notifies the offender at the sentencing	4808
hearing that a prison term is mandatory but the sentencing entry	4809
does not specify that the prison term is mandatory, the court may	4810
complete a corrected journal entry and send copies of the	4811
corrected entry to the offender and the department of	4812
rehabilitation and correction, or, at the request of the state,	4813
the court shall complete a corrected journal entry and send copies	4814
of the corrected entry to the offender and department of	4815
rehabilitation and correction.	4816

(C)(1) If the offender is being sentenced for a fourth degree	4817
felony OVI offense under division (G)(1) of section 2929.13 of the	4818
Revised Code, the court shall impose the mandatory term of local	4819
incarceration in accordance with that division, shall impose a	4820
mandatory fine in accordance with division (B)(3) of section	4821
2929.18 of the Revised Code, and, in addition, may impose	4822
additional sanctions as specified in sections 2929.15, 2929.16,	4823
2929.17, and 2929.18 of the Revised Code. The court shall not	4824
impose a prison term on the offender except that the court may	4825
impose a prison term upon the offender as provided in division	4826
(A)(1) of section 2929.13 of the Revised Code.	4827

(2) If the offender is being sentenced for a third or fourth	4828
degree felony OVI offense under division (G)(2) of section 2929.13	4829
of the Revised Code, the court shall impose the mandatory prison	4830
term in accordance with that division, shall impose a mandatory	4831
fine in accordance with division (B)(3) of section 2929.18 of the	4832
Revised Code, and, in addition, may impose an additional prison	4833
term as specified in section 2929.14 of the Revised Code. In	4834
addition to the mandatory prison term or mandatory prison term and	4835
additional prison term the court imposes, the court also may	4836
impose a community control sanction on the offender, but the	4837
offender shall serve all of the prison terms so imposed prior to	4838
serving the community control sanction.	4839

(D) The sentencing court, pursuant to division (I)(1) of	4840
section 2929.14 of the Revised Code, may recommend placement of	4841
the offender in a program of shock incarceration under section	4842
5120.031 of the Revised Code or an intensive program prison under	4843
section 5120.032 of the Revised Code, disapprove placement of the	4844
offender in a program or prison of that nature, or make no	4845
recommendation. If the court recommends or disapproves placement,	4846
it shall make a finding that gives its reasons for its	4847
recommendation or disapproval.	4848

Sec. 2929.23. (A) If an offender is being sentenced for a	4849
sexually oriented offense or child-victim oriented offense that is	4850
a misdemeanor committed on or after January 1, 1997, and the	4851
offender is a tier III sex offender/child-victim offender, sexual	4852
predator, or child-victim predator relative to the offense or the	4853
offense is any offense listed in division (D)(1) to (3) of section	4854
2901.07 of the Revised Code, the judge shall include in the	4855
offender's sentence a statement that the offender is a tier III	4856
sex offender/child-victim offender, sexual predator, or	4857
child-victim predator, whichever is applicable, shall comply with	4858
the requirements of section 2950.03 of the Revised Code, and shall	4859
require the offender to submit to a DNA specimen collection	4860
procedure pursuant to section 2901.07 of the Revised Code.	4861

(B) Before imposing sentence on an offender who is being	4862
sentenced for a sexually oriented offense that is a misdemeanor	4863
committed prior to January 1, 2008, the judge shall conduct a	4864
hearing in accordance with division (B) of section 2950.09 of the	4865
Revised Code to determine whether the offender is a sexual	4866
predator, and the court also shall comply with division (E) of	4867
that section.	4868

Before imposing sentence on an offender who is being	4869
sentenced for a child-victim oriented offense that is a	4870
misdemeanor committed prior to January 1, 2008, the court shall	4871
conduct a hearing in accordance with division (B) of section	4872
2950.091 of the Revised Code to determine whether the offender is	4873
a child-victim predator, and the court also shall comply with	4874
division (E) of that section.	4875

(C) If an offender is being sentenced for a sexually oriented	4876
offense or a child-victim oriented offense that is a misdemeanor	4877
committed on or after January 1, 1997, the judge shall include in	4878
the sentence a summary of the offender's duties imposed under	4879
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	4880
Code and the duration of the duties. The judge shall inform the	4881
offender, at the time of sentencing, of those duties and of their	4882
duration. If required under division (A)(2) of section 2950.03 of	4883
the Revised Code, the judge shall perform the duties specified in	4884
that section or, if required under division (A)~~(6)~~(5) of section	4885
2950.03 of the Revised Code, the judge shall perform the duties	4886
specified in that division.	4887

Sec. 2950.01. As used in this chapter, unless the context	4888
clearly requires otherwise:	4889

(A) "Sexually oriented offense" means any of the following:

4890

(1) Any of the following violations or offenses committed by	4891
a person on or after January 1, 2008, regardless of the person's	4892
age:	4893

~~(1)~~(a) A violation of section 2907.02, 2907.03, 2907.05,	4894
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	4895
2907.322, or 2907.323 of the Revised Code;	4896

~~(2)~~(b) A violation of section 2907.04 of the Revised Code	4897
when the offender is less than four years older than the other	4898
person with whom the offender engaged in sexual conduct, the other	4899
person did not consent to the sexual conduct, and the offender	4900
previously has not been convicted of or pleaded guilty to a	4901
violation of section 2907.02, 2907.03, or 2907.04 of the Revised	4902
Code or a violation of former section 2907.12 of the Revised Code;	4903

~~(3)~~(c) A violation of section 2907.04 of the Revised Code	4904
when the offender is at least four years older than the other	4905
person with whom the offender engaged in sexual conduct or when	4906
the offender is less than four years older than the other person	4907
with whom the offender engaged in sexual conduct and the offender	4908
previously has been convicted of or pleaded guilty to a violation	4909
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	4910
violation of former section 2907.12 of the Revised Code;	4911

~~(4)~~(d) A violation of section 2903.01, 2903.02, or 2903.11 of	4912
the Revised Code when the violation was committed with a sexual	4913
motivation;	4914

~~(5)~~(e) A violation of division (A) of section 2903.04 of the	4915
Revised Code when the offender committed or attempted to commit	4916
the felony that is the basis of the violation with a sexual	4917
motivation;	4918

~~(6)~~(f) A violation of division (A)(3) of section 2903.211 of	4919
the Revised Code;	4920

~~(7)~~(g) A violation of division (A)(1), (2), (3), or (5) of	4921
section 2905.01 of the Revised Code when the offense is committed	4922
with a sexual motivation;	4923

~~(8)~~(h) A violation of division (A)(4) of section 2905.01 of	4924
the Revised Code;	4925

~~(9)~~(i) A violation of division (B) of section 2905.01 of the	4926
Revised Code when the victim of the offense is under eighteen	4927
years of age and the offender is not a parent of the victim of the	4928
offense;	4929

~~(10)~~(j) A violation of division (B) of section 2903.03, of	4930
division (B) of section 2905.02, of division (B) of section	4931
2905.03, of division (B) of section 2905.05, or of division (B)(5)	4932
of section 2919.22 of the Revised Code;	4933

~~(11)~~(k) A violation of section 2905.32 of the Revised Code	4934
when the offender knowingly recruited, lured, enticed, isolated,	4935
harbored, transported, provided, obtained, or maintained, or	4936
knowingly attempted to recruit, lure, entice, isolate, harbor,	4937
transport, provide, obtain, or maintain, another person knowing	4938
that the person would be compelled to engage in sexual activity	4939
for hire, engage in a performance that was obscene, sexually	4940
oriented, or nudity oriented, or be a model or participant in the	4941
production of material that was obscene, sexually oriented, or	4942
nudity oriented;	4943

~~(12)~~(l) A violation of any former law of this state, any	4944
existing or former municipal ordinance or law of another state or	4945
the United States, any existing or former law applicable in a	4946
military court or in an Indian tribal court, or any existing or	4947
former law of any nation other than the United States that is or	4948
was substantially equivalent to any offense listed in division	4949
(A)(1)~~, (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11)~~(a),	4950
(b), (c), (d), (e), (f), (g), (h), (i), (j), or (k) of this	4951
section;	4952

~~(13)~~(m) Any attempt to commit, conspiracy to commit, or	4953
complicity in committing any offense listed in division (A)(1),	4954
~~(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12)~~(a),	4955
(b), (c), (d), (e), (f), (g), (h), (i), (j), (k), or (l) of this	4956
section.	4957

(2) Any violation or offense committed prior to January 1,	4958
2008, by a person eighteen years of age or older that, when	4959
committed, was a sexually oriented offense under the version of	4960
this section in existence on the date on which the violation or	4961
offense was committed.	4962

(3) Any act committed prior to January 1, 2008, by a person	4963
under eighteen years of age that, when committed, was a sexually	4964
oriented offense under the version of this section in existence on	4965
the date on which the act was committed.	4966

(B)(1) "Sex offender" means, subject to division (B)(2) of	4967
this section, a person who is convicted of, pleads guilty to, has	4968
been convicted of, has pleaded guilty to, is adjudicated a	4969
delinquent child for committing, or has been adjudicated a	4970
delinquent child for committing any sexually oriented offense.	4971

(2) "Sex offender" does not include a person who is convicted	4972
of, pleads guilty to, has been convicted of, has pleaded guilty	4973
to, is adjudicated a delinquent child for committing, or has been	4974
adjudicated a delinquent child for committing a sexually oriented	4975
offense if the offense involves consensual sexual conduct or	4976
consensual sexual contact and either of the following applies:	4977

(a) The victim of the sexually oriented offense was eighteen	4978
years of age or older and at the time of the sexually oriented	4979
offense was not under the custodial authority of the person who is	4980
convicted of, pleads guilty to, has been convicted of, has pleaded	4981
guilty to, is adjudicated a delinquent child for committing, or	4982
has been adjudicated a delinquent child for committing the	4983
sexually oriented offense.	4984

(b) The victim of the offense was thirteen years of age or	4985
older, and the person who is convicted of, pleads guilty to, has	4986
been convicted of, has pleaded guilty to, is adjudicated a	4987
delinquent child for committing, or has been adjudicated a	4988
delinquent child for committing the sexually oriented offense is	4989
not more than four years older than the victim.	4990

(C) "Child-victim oriented offense" means any of the	4991
following violations or offenses committed by a person, regardless	4992
of the person's age, when the victim is under eighteen years of	4993
age and is not a child of the person who commits the violation:	4994

(1) A violation of division (A)(1), (2), (3), or (5) of	4995
section 2905.01 of the Revised Code when the violation is not	4996
included in division (A)(7) of this section;	4997

(2) A violation of division (A) of section 2905.02, division	4998
(A) of section 2905.03, or division (A) of section 2905.05 of the	4999
Revised Code;	5000

(3) A violation of any former law of this state, any existing	5001
or former municipal ordinance or law of another state or the	5002
United States, any existing or former law applicable in a military	5003
court or in an Indian tribal court, or any existing or former law	5004
of any nation other than the United States that is or was	5005
substantially equivalent to any offense listed in division (C)(1)	5006
or (2) of this section;	5007

(4) Any attempt to commit, conspiracy to commit, or	5008
complicity in committing any offense listed in division (C)(1),	5009
(2), or (3) of this section.	5010

(D) "Child-victim offender" means a person who is convicted	5011
of, pleads guilty to, has been convicted of, has pleaded guilty	5012
to, is adjudicated a delinquent child for committing, or has been	5013
adjudicated a delinquent child for committing any child-victim	5014
oriented offense.	5015

(E) "Tier I sex offender/child-victim offender" means any of	5016
the following:	5017

(1) A sex offender who is convicted of, pleads guilty to, has	5018
been convicted of, or has pleaded guilty to any of the following	5019
sexually oriented offenses that were committed on or after January	5020
1, 2008:	5021

(a) A violation of section 2907.06, 2907.07, 2907.08,	5022
2907.22, or 2907.32 of the Revised Code;	5023

(b) A violation of section 2907.04 of the Revised Code when	5024
the offender is less than four years older than the other person	5025
with whom the offender engaged in sexual conduct, the other person	5026
did not consent to the sexual conduct, and the offender previously	5027
has not been convicted of or pleaded guilty to a violation of	5028
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	5029
violation of former section 2907.12 of the Revised Code;	5030

(c) A violation of division (A)(1), (2), (3), or (5) of	5031
section 2907.05 of the Revised Code;	5032

(d) A violation of division (A)(3) of section 2907.323 of the	5033
Revised Code;	5034

(e) A violation of division (A)(3) of section 2903.211, of	5035
division (B) of section 2905.03, or of division (B) of section	5036
2905.05 of the Revised Code;	5037

(f) A violation of any former law of this state, any existing	5038
or former municipal ordinance or law of another state or the	5039
United States, any existing or former law applicable in a military	5040
court or in an Indian tribal court, or any existing or former law	5041
of any nation other than the United States, that is or was	5042
substantially equivalent to any offense listed in division	5043
(E)(1)(a), (b), (c), (d), or (e) of this section;	5044

(g) Any attempt to commit, conspiracy to commit, or	5045
complicity in committing any offense listed in division (E)(1)(a),	5046
(b), (c), (d), (e), or (f) of this section.	5047

(2) A child-victim offender who is convicted of, pleads	5048
guilty to, has been convicted of, or has pleaded guilty to a	5049
child-victim oriented offense that was committed on or after	5050
January 1, 2008, and who is not within either category of	5051
child-victim offender described in division (F)(2) or (G)(2) of	5052
this section.	5053

(3) A sex offender who is adjudicated ~~a delinquent child for~~	5054
~~committing~~ or has been adjudicated a delinquent child for	5055
committing on or after January 1, 2008, any sexually oriented	5056
offense and who a juvenile court, pursuant to section 2152.82,	5057
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	5058
tier I sex offender/child-victim offender relative to the offense.	5059

(4) A child-victim offender who is adjudicated ~~a delinquent~~	5060
~~child for committing~~ or has been adjudicated a delinquent child	5061
for committing on or after January 1, 2008, any child-victim	5062
oriented offense and who a juvenile court, pursuant to section	5063
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,	5064
classifies a tier I sex offender/child-victim offender relative to	5065
the offense.	5066

(F) "Tier II sex offender/child-victim offender" means any of	5067
the following:	5068

(1) A sex offender who is convicted of, pleads guilty to, has	5069
been convicted of, or has pleaded guilty to any of the following	5070
sexually oriented offenses that were committed on or after January	5071
1, 2008:	5072

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	5073
the Revised Code;	5074

(b) A violation of section 2907.04 of the Revised Code when	5075
the offender is at least four years older than the other person	5076
with whom the offender engaged in sexual conduct, or when the	5077
offender is less than four years older than the other person with	5078
whom the offender engaged in sexual conduct and the offender	5079
previously has been convicted of or pleaded guilty to a violation	5080
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	5081
former section 2907.12 of the Revised Code;	5082

(c) A violation of division (A)(4) of section 2907.05 or of	5083
division (A)(1) or (2) of section 2907.323 of the Revised Code;	5084

(d) A violation of division (A)(1), (2), (3), or (5) of	5085
section 2905.01 of the Revised Code when the offense is committed	5086
with a sexual motivation;	5087

(e) A violation of division (A)(4) of section 2905.01 of the	5088
Revised Code when the victim of the offense is eighteen years of	5089
age or older;	5090

(f) A violation of division (B) of section 2905.02 or of	5091
division (B)(5) of section 2919.22 of the Revised Code;	5092

(g) A violation of section 2905.32 of the Revised Code when	5093
the offender knowingly recruited, lured, enticed, isolated,	5094
harbored, transported, provided, obtained, or maintained, or	5095
knowingly attempted to recruit, lure, entice, isolate, harbor,	5096
transport, provide, obtain, or maintain, another person knowing	5097
that the person would be compelled to engage in sexual activity	5098
for hire, engage in a performance that was obscene, sexually	5099
oriented, or nudity oriented, or be a model or participant in the	5100
production of material that was obscene, sexually oriented, or	5101
nudity oriented;	5102

(h) A violation of any former law of this state, any existing	5103
or former municipal ordinance or law of another state or the	5104
United States, any existing or former law applicable in a military	5105
court or in an Indian tribal court, or any existing or former law	5106
of any nation other than the United States that is or was	5107
substantially equivalent to any offense listed in division	5108
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	5109

(i) Any attempt to commit, conspiracy to commit, or	5110
complicity in committing any offense listed in division (F)(1)(a),	5111
(b), (c), (d), (e), (f), (g), or (h) of this section;	5112

(j) Any sexually oriented offense that is committed after the	5113
sex offender previously has been convicted of, pleaded guilty to,	5114
or has been adjudicated a delinquent child for committing any	5115
sexually oriented offense or child-victim oriented offense for	5116
which the offender either was classified a tier I sex	5117
offender/child-victim offender under this chapter or was	5118
classified a sexually oriented offender or child-victim offender	5119
under the version of this chapter that existed immediately prior	5120
to July 1, 2007.	5121

(2) A child-victim offender who is convicted of, pleads	5122
guilty to, has been convicted of, or has pleaded guilty to any	5123
child-victim oriented offense when the child-victim oriented	5124
offense is committed on or after January 1, 2008, and after the	5125
child-victim offender previously has been convicted of, pleaded	5126
guilty to, or been adjudicated a delinquent child for committing	5127
any sexually oriented offense or child-victim oriented offense for	5128
which the offender was classified a tier I sex	5129
offender/child-victim offender.	5130

(3) A sex offender who is adjudicated ~~a delinquent child for~~	5131
~~committing~~ or has been adjudicated a delinquent child for	5132
committing on or after January 1, 2008, any sexually oriented	5133
offense and who a juvenile court, pursuant to section 2152.82,	5134
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	5135
tier II sex offender/child-victim offender relative to the	5136
offense.	5137

(4) A child-victim offender who is adjudicated ~~a delinquent~~	5138
~~child for committing~~ or has been adjudicated a delinquent child	5139
for committing on or after January 1, 2008, any child-victim	5140
oriented offense and whom a juvenile court, pursuant to section	5141
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,	5142
classifies a tier II sex offender/child-victim offender relative	5143
to the current offense.	5144

~~(5) A sex offender or child-victim offender who is not in any~~	5145
~~category of tier II sex offender/child-victim offender set forth~~	5146
~~in division (F)(1), (2), (3), or (4) of this section, who prior to~~	5147
~~January 1, 2008, was adjudicated a delinquent child for committing~~	5148
~~a sexually oriented offense or child-victim oriented offense, and~~	5149
~~who prior to that date was determined to be a habitual sex~~	5150
~~offender or determined to be a habitual child-victim offender,~~	5151
~~unless either of the following applies:~~	5152

~~(a) The sex offender or child-victim offender is reclassified~~	5153
~~pursuant to section 2950.031 or 2950.032 of the Revised Code as a~~	5154
~~tier I sex offender/child-victim offender or a tier III sex~~	5155
~~offender/child-victim offender relative to the offense.~~	5156

~~(b) A juvenile court, pursuant to section 2152.82, 2152.83,~~	5157
~~2152.84, or 2152.85 of the Revised Code, classifies the child a~~	5158
~~tier I sex offender/child-victim offender or a tier III sex~~	5159
~~offender/child-victim offender relative to the offense.~~	5160

(G) "Tier III sex offender/child-victim offender" means any	5161
of the following:	5162

(1) A sex offender who is convicted of, pleads guilty to, has	5163
been convicted of, or has pleaded guilty to any of the following	5164
sexually oriented offenses that were committed on or after January	5165
1, 2008:	5166

(a) A violation of section 2907.02 or 2907.03 of the Revised	5167
Code;	5168

(b) A violation of division (B) of section 2907.05 of the	5169
Revised Code;	5170

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	5171
the Revised Code when the violation was committed with a sexual	5172
motivation;	5173

(d) A violation of division (A) of section 2903.04 of the	5174
Revised Code when the offender committed or attempted to commit	5175
the felony that is the basis of the violation with a sexual	5176
motivation;	5177

(e) A violation of division (A)(4) of section 2905.01 of the	5178
Revised Code when the victim of the offense is under eighteen	5179
years of age;	5180

(f) A violation of division (B) of section 2905.01 of the	5181
Revised Code when the victim of the offense is under eighteen	5182
years of age and the offender is not a parent of the victim of the	5183
offense;	5184

(g) A violation of division (B) of section 2903.03 of the	5185
Revised Code;	5186

(h) A violation of any former law of this state, any existing	5187
or former municipal ordinance or law of another state or the	5188
United States, any existing or former law applicable in a military	5189
court or in an Indian tribal court, or any existing or former law	5190
of any nation other than the United States that is or was	5191
substantially equivalent to any offense listed in division	5192
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	5193

(i) Any attempt to commit, conspiracy to commit, or	5194
complicity in committing any offense listed in division (G)(1)(a),	5195
(b), (c), (d), (e), (f), (g), or (h) of this section;	5196

(j) Any sexually oriented offense that is committed after the	5197
sex offender previously has been convicted of, pleaded guilty to,	5198
or been adjudicated a delinquent child for committing any sexually	5199
oriented offense or child-victim oriented offense for which the	5200
offender either was classified a tier II sex offender/child-victim	5201
offender or a tier III sex offender/child-victim offender under	5202
this chapter or was classified a sexual predator, child-victim	5203
predator, habitual sex offender, or habitual child-victim offender	5204
under the version of this chapter that existed immediately prior	5205
to July 1, 2007.	5206

(2) A child-victim offender who is convicted of, pleads	5207
guilty to, has been convicted of, or has pleaded guilty to any	5208
child-victim oriented offense when the child-victim oriented	5209
offense is committed on or after January 1, 2008, and after the	5210
child-victim offender previously has been convicted of, pleaded	5211
guilty to, or been adjudicated a delinquent child for committing	5212
any sexually oriented offense or child-victim oriented offense for	5213
which the offender was classified a tier II sex	5214
offender/child-victim offender or a tier III sex	5215
offender/child-victim offender.	5216

(3) A sex offender who is adjudicated ~~a delinquent child for~~	5217
~~committing~~ or has been adjudicated a delinquent child for	5218
committing on or after January 1, 2008, any sexually oriented	5219
offense and who a juvenile court, pursuant to section 2152.82,	5220
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	5221
tier III sex offender/child-victim offender relative to the	5222
offense.	5223

(4) A child-victim offender who is adjudicated ~~a delinquent~~	5224
~~child for committing~~ or has been adjudicated a delinquent child	5225
for committing on or after January 1, 2008, any child-victim	5226
oriented offense and whom a juvenile court, pursuant to section	5227
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,	5228
classifies a tier III sex offender/child-victim offender relative	5229
to the current offense.	5230

(5) ~~A sex offender or child-victim offender who is not in any~~	5231
~~category of tier III sex offender/child-victim offender set forth~~	5232
~~in division (G)(1), (2), (3), or (4) of this section, who prior to~~	5233
~~January 1, 2008, was convicted of or pleaded guilty to a sexually~~	5234
~~oriented offense or child-victim oriented offense or was~~	5235
~~adjudicated a delinquent child for committing a sexually oriented~~	5236
~~offense or child-victim oriented offense and classified a juvenile~~	5237
~~offender registrant, and who prior to that date was adjudicated a~~	5238
~~sexual predator or adjudicated a child-victim predator, unless~~	5239
~~either of the following applies:~~	5240

~~(a) The sex offender or child-victim offender is reclassified~~	5241
~~pursuant to section 2950.031 or 2950.032 of the Revised Code as a~~	5242
~~tier I sex offender/child-victim offender or a tier II sex~~	5243
~~offender/child-victim offender relative to the offense.~~	5244

~~(b) The sex offender or child-victim offender is a delinquent~~	5245
~~child, and a juvenile court, pursuant to section 2152.82, 2152.83,~~	5246
~~2152.84, or 2152.85 of the Revised Code, classifies the child a~~	5247
~~tier I sex offender/child-victim offender or a tier II sex~~	5248
~~offender/child-victim offender relative to the offense.~~	5249

~~(6)~~ A sex offender who is convicted of, pleads guilty to, was	5250
convicted of, or pleaded guilty to a sexually oriented offense	5251
that was committed on or after January 1, 2008, if the sexually	5252
oriented offense and the circumstances in which it was committed	5253
are such that division (F) of section 2971.03 of the Revised Code	5254
automatically classifies the offender as a tier III sex	5255
offender/child-victim offender;	5256

~~(7)~~(6) A sex offender or child-victim offender who, in a	5257
court of another state, in a federal court, military court, or	5258
Indian tribal court, or in a court in any nation other than the	5259
United States, is convicted of, pleads guilty to, was convicted	5260
of, pleaded guilty to, or is ~~adjudicated a delinquent child for~~	5261
~~committing,~~ or was adjudicated a delinquent child for committing a	5262
sexually oriented offense or child-victim offense ~~in another~~	5263
~~state, in a federal court, military court, or Indian tribal court,~~	5264
~~or in a court in any nation other than the United States~~ if the	5265
offense is committed on or after January 1, 2008, and both of the	5266
following apply:	5267

(a) Under the law of the jurisdiction in which the offender	5268
was convicted or pleaded guilty or the delinquent child was	5269
adjudicated, the offender or delinquent child is in a category	5270
substantially equivalent to a category of tier III sex	5271
offender/child-victim offender described in division (G)(1), (2),	5272
(3), (4), or (5)~~, or (6)~~ of this section.	5273

(b) Subsequent to the conviction, plea of guilty, or	5274
adjudication in the other jurisdiction, the offender or delinquent	5275
child resides, has temporary domicile, attends school or an	5276
institution of higher education, is employed, or intends to reside	5277
in this state in any manner and for any period of time that	5278
subjects the offender or delinquent child to a duty to register or	5279
provide notice of intent to reside under section 2950.04 or	5280
2950.041 of the Revised Code.	5281

(H) "Confinement" includes, but is not limited to, a	5282
community residential sanction imposed pursuant to section 2929.16	5283
or 2929.26 of the Revised Code.	5284

(I) "Prosecutor" has the same meaning as in section 2935.01	5285
of the Revised Code.	5286

(J) "Supervised release" means a release of an offender from	5287
a prison term, a term of imprisonment, or another type of	5288
confinement that satisfies either of the following conditions:	5289

(1) The release is on parole, a conditional pardon, under a	5290
community control sanction, under transitional control, or under a	5291
post-release control sanction, and it requires the person to	5292
report to or be supervised by a parole officer, probation officer,	5293
field officer, or another type of supervising officer.	5294

(2) The release is any type of release that is not described	5295
in division (J)(1) of this section and that requires the person to	5296
report to or be supervised by a probation officer, a parole	5297
officer, a field officer, or another type of supervising officer.	5298

(K) "Sexually violent predator specification," "sexually	5299
violent predator," "sexually violent offense," "sexual motivation	5300
specification," "designated homicide, assault, or kidnapping	5301
offense," and "violent sex offense" have the same meanings as in	5302
section 2971.01 of the Revised Code.	5303

(L) "Post-release control sanction" and "transitional	5304
control" have the same meanings as in section 2967.01 of the	5305
Revised Code.	5306

(M) "Juvenile offender registrant" means a person who is	5307
adjudicated a delinquent child for committing on or after January	5308
1, 2002, a sexually oriented offense or a child-victim oriented	5309
offense, who is fourteen years of age or older at the time of	5310
committing the offense, and who a juvenile court judge, pursuant	5311
to an order issued under section 2152.82, 2152.83, 2152.84, or	5312
2152.85~~, or 2152.86~~ of the Revised Code, classifies a juvenile	5313
offender registrant and specifies has a duty to comply with	5314
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5315
Code. "Juvenile offender registrant" includes a person who prior	5316
to January 1, 2008, was a "juvenile offender registrant" under the	5317
definition of the term in existence prior to January 1, 2008, and	5318
a person who prior to July 31, 2003, was a "juvenile sex offender	5319
registrant" under the former definition of that former term.	5320

(N) ~~"Public registry-qualified juvenile offender registrant"~~	5321
~~means a person who is adjudicated a delinquent child and on whom a~~	5322
~~juvenile court has imposed a serious youthful offender~~	5323
~~dispositional sentence under section 2152.13 of the Revised Code~~	5324
~~before, on, or after January 1, 2008, and to whom all of the~~	5325
~~following apply:~~	5326

~~(1) The person is adjudicated a delinquent child for~~	5327
~~committing, attempting to commit, conspiring to commit, or~~	5328
~~complicity in committing one of the following acts:~~	5329

~~(a) A violation of section 2907.02 of the Revised Code,~~	5330
~~division (B) of section 2907.05 of the Revised Code, or section~~	5331
~~2907.03 of the Revised Code if the victim of the violation was~~	5332
~~less than twelve years of age;~~	5333

~~(b) A violation of section 2903.01, 2903.02, or 2905.01 of~~	5334
~~the Revised Code that was committed with a purpose to gratify the~~	5335
~~sexual needs or desires of the child;~~	5336

~~(c) A violation of division (B) of section 2903.03 of the~~	5337
~~Revised Code.~~	5338

~~(2) The person was fourteen, fifteen, sixteen, or seventeen~~	5339
~~years of age at the time of committing the act.~~	5340

~~(3) A juvenile court judge, pursuant to an order issued under~~	5341
~~section 2152.86 of the Revised Code, classifies the person a~~	5342
~~juvenile offender registrant, specifies the person has a duty to~~	5343
~~comply with sections 2950.04, 2950.05, and 2950.06 of the Revised~~	5344
~~Code, and classifies the person a public registry-qualified~~	5345
~~juvenile offender registrant, and the classification of the person~~	5346
~~as a public registry-qualified juvenile offender registrant has~~	5347
~~not been terminated pursuant to division (D) of section 2152.86 of~~	5348
~~the Revised Code.~~	5349

~~(O)~~ "Secure facility" means any facility that is designed and	5350
operated to ensure that all of its entrances and exits are locked	5351
and under the exclusive control of its staff and to ensure that,	5352
because of that exclusive control, no person who is	5353
institutionalized or confined in the facility may leave the	5354
facility without permission or supervision.	5355

~~(P)~~(O) "Out-of-state juvenile offender registrant" means a	5356
person who is adjudicated a delinquent child in a court in another	5357
state, in a federal court, military court, or Indian tribal court,	5358
or in a court in any nation other than the United States for	5359
committing a sexually oriented offense or a child-victim oriented	5360
offense, who on or after January 1, 2002, moves to and resides in	5361
this state or temporarily is domiciled in this state for more than	5362
five days, and who has a duty under section 2950.04 or 2950.041 of	5363
the Revised Code to register in this state and the duty to	5364
otherwise comply with that applicable section and sections 2950.05	5365
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	5366
registrant" includes a person who prior to January 1, 2008, was an	5367
"out-of-state juvenile offender registrant" under the definition	5368
of the term in existence prior to January 1, 2008, and a person	5369
who prior to July 31, 2003, was an "out-of-state juvenile sex	5370
offender registrant" under the former definition of that former	5371
term.	5372

~~(Q)~~(P) "Juvenile court judge" includes a magistrate to whom	5373
the juvenile court judge confers duties pursuant to division	5374
(A)(15) of section 2151.23 of the Revised Code.	5375

~~(R)~~(Q) "Adjudicated a delinquent child for committing a	5376
sexually oriented offense" includes a child who receives a serious	5377
youthful offender dispositional sentence under section 2152.13 of	5378
the Revised Code for committing a sexually oriented offense.	5379

~~(S)~~(R) "School" and "school premises" have the same meanings	5380
as in section 2925.01 of the Revised Code.	5381

~~(T)~~(S) "Residential premises" means the building in which a	5382
residential unit is located and the grounds upon which that	5383
building stands, extending to the perimeter of the property.	5384
"Residential premises" includes any type of structure in which a	5385
residential unit is located, including, but not limited to,	5386
multi-unit buildings and mobile and manufactured homes.	5387

~~(U)~~(T) "Residential unit" means a dwelling unit for	5388
residential use and occupancy, and includes the structure or part	5389
of a structure that is used as a home, residence, or sleeping	5390
place by one person who maintains a household or two or more	5391
persons who maintain a common household. "Residential unit" does	5392
not include a halfway house or a community-based correctional	5393
facility.	5394

~~(V)~~(U) "Multi-unit building" means a building in which is	5395
located more than twelve residential units that have entry doors	5396
that open directly into the unit from a hallway that is shared	5397
with one or more other units. A residential unit is not considered	5398
located in a multi-unit building if the unit does not have an	5399
entry door that opens directly into the unit from a hallway that	5400
is shared with one or more other units or if the unit is in a	5401
building that is not a multi-unit building as described in this	5402
division.	5403

~~(W)~~(V) "Community control sanction" has the same meaning as	5404
in section 2929.01 of the Revised Code.	5405

~~(X)~~(W) "Halfway house" and "community-based correctional	5406
facility" have the same meanings as in section 2929.01 of the	5407
Revised Code.	5408

(X) "Sexual predator" means any of the following:

5409

(1) A person who is convicted of, pleads guilty to, has been	5410
convicted of, has pleaded guilty to, or is or was adjudicated a	5411
delinquent child for committing a sexually oriented offense that	5412
was committed prior to January 1, 2008, and was designated by a	5413
court a "sexual predator" under the version of this chapter that	5414
existed immediately prior to July 1, 2007;	5415

(2) A person who is convicted of, pleads guilty to, has been	5416
convicted of, has pleaded guilty to, or is or was adjudicated a	5417
delinquent child for committing a sexually oriented offense that	5418
was committed prior to January 1, 2008, and is designated by a	5419
court a "sexual predator" under section 2950.09 of the Revised	5420
Code as it exists on and after the effective date of this	5421
amendment;	5422

(3) A person who, in a court of another state, in a federal	5423
court, military court, or Indian tribal court, or in a court in	5424
any nation other than the United States, is convicted of, pleads	5425
guilty to, has been convicted of, has pleaded guilty to, or is or	5426
was adjudicated a delinquent child for committing a sexually	5427
oriented offense that was committed prior to January 1, 2008, and	5428
is required to register for the duration of the person's life	5429
under the law of the jurisdiction in which the conviction, guilty	5430
plea, or adjudication occurred.	5431

(Y) "Habitual sex offender" means any person who is convicted	5432
of, pleads guilty to, has been convicted of, has pleaded guilty	5433
to, or is or was adjudicated a delinquent child for committing a	5434
sexually oriented offense that was committed prior to January 1,	5435
2008, if either of the following applies:	5436

(1) The person either was classified a "habitual sex	5437
offender" under the version of this chapter that existed	5438
immediately prior to July 1, 2007, or qualifies as a "habitual sex	5439
offender" under the version of this chapter that existed	5440
immediately prior to that date.	5441

(2) The person is classified by a court as a "habitual sex	5442
offender" under section 2950.09 of the Revised Code as it exists	5443
on and after the effective date of this amendment.	5444

(Z) "Sexually oriented offender" means any person who is	5445
convicted of, pleads guilty to, has been convicted of, has pleaded	5446
guilty to, or is or was adjudicated a delinquent child for	5447
committing a sexually oriented offense that was committed prior to	5448
January 1, 2008, and was not an aggravated sexually oriented	5449
offense and who is not a sexual predator or a habitual sex	5450
offender.	5451

(AA) "Aggravated sexually oriented offense" means either of	5452
the following:	5453

(1) A violation of division (A)(1)(b) of section 2907.02 of	5454
the Revised Code committed on or after June 13, 2002, and prior to	5455
January 1, 2008;	5456

(2) A violation of division (A)(2) of section 2907.02 of the	5457
Revised Code committed on or after July 31, 2003, and prior to	5458
January 1, 2008.	5459

(BB) "Child-victim predator" means any of the following:

5460

(1) A person who is convicted of, pleads guilty to, has been	5461
convicted of, has pleaded guilty to, or is or was adjudicated a	5462
delinquent child for committing a child-victim oriented offense	5463
that was committed prior to January 1, 2008, and was designated by	5464
a court a "child-victim predator" under the version of this	5465
chapter that existed immediately prior to July 1, 2007;	5466

(2) A person who is convicted of, pleads guilty to, has been	5467
convicted of, has pleaded guilty to, or is or was adjudicated a	5468
delinquent child for committing a child-victim oriented offense	5469
that was committed prior to January 1, 2008, and is designated by	5470
a court a "child-victim predator" under section 2950.091 of the	5471
Revised Code as it exists on and after the effective date of this	5472
amendment;	5473

(3) A person who, in a court of another state, in a federal	5474
court, military court, or Indian tribal court, or in a court in	5475
any nation other than the United States, is convicted of, pleads	5476
guilty to, has been convicted of, has pleaded guilty to, or is or	5477
was adjudicated a delinquent child for committing a child-victim	5478
oriented offense that was committed prior to January 1, 2008, and	5479
is required to register for the duration of the person's life	5480
under the law of the jurisdiction in which the conviction, guilty	5481
plea, or adjudication occurred.	5482

(CC) "Habitual child-victim offender" means any person who is	5483
convicted of, pleads guilty to, has been convicted of, has pleaded	5484
guilty to, or is or was adjudicated a delinquent child for	5485
committing a child-victim oriented offense that was committed	5486
prior to January 1, 2008, when either of the following applies:	5487

(1) The person either was classified a "habitual child-victim	5488
offender" under the version of this chapter that existed	5489
immediately prior to July 1, 2007, or qualifies as a "habitual	5490
child-victim offender" under the version of this chapter that	5491
existed immediately prior to that date.	5492

(2) The person is classified by a court a "habitual	5493
child-victim offender" under section 2950.091 of the Revised Code	5494
as it exists on and after the effective date of this amendment.	5495

(DD) "Child-victim offender" means any person who is	5496
convicted of, pleads guilty to, has been convicted of, has pleaded	5497
guilty to, or is or was adjudicated a delinquent child for	5498
committing a child-victim oriented offense that was committed	5499
prior to January 1, 2008, and is not a child-victim predator or a	5500
habitual child-victim offender.	5501

Sec. 2950.011. (A) Except as specifically provided to the	5502
contrary in sections 2950.02 to 2950.99 of the Revised Code, all	5503
references in any of those sections to "sexually oriented offense"	5504
include, in addition to the violations specified in division (A)	5505
of section 2950.01 of the Revised Code on and after January 1,	5506
2008, any sexually oriented offense, as that term was defined in	5507
section 2950.01 of the Revised Code prior to January 1, 2008, that	5508
was committed prior to that date and that was not a registration	5509
exempt sexually oriented offense, as that term was defined in that	5510
section prior to January 1, 2008.	5511

Except as specifically provided to the contrary in sections	5512
2950.02 to 2950.99 of the Revised Code, all references in any of	5513
those sections to "child-victim oriented offense" include, in	5514
addition to the violations specified in division (C) of section	5515
2950.01 of the Revised Code on and after January 1, 2008, any	5516
child-victim oriented offense, as that term was defined in section	5517
2950.01 of the Revised Code prior to January 1, 2008, that was	5518
committed prior to that date.	5519

(B) On and after the effective date of this amendment, both	5520
of the following apply:	5521

(1) The provisions of this chapter and of Chapter 2152. of	5522
the Revised Code that are amended or enacted in the act in which	5523
this amendment is made and that specify that they apply with	5524
respect to a person who is or has been convicted of a sexually	5525
oriented offense or child-victim oriented offense committed prior	5526
to January 1, 2008, or to a person who is or has been adjudicated	5527
a delinquent child for a sexually oriented offense or child-victim	5528
oriented offense committed prior to January 1, 2008, apply with	5529
respect to such persons.	5530

(2) Except as provided in division (B)(1) of this section,	5531
the provisions of this chapter and of Chapter 2152. of the Revised	5532
Code as they existed prior to July 1, 2007, apply with respect to	5533
a person who is or has been convicted of a sexually oriented	5534
offense or child-victim oriented offense committed prior to	5535
January 1, 2008, or to a person who is or has been adjudicated a	5536
delinquent child for a sexually oriented offense or child-victim	5537
oriented offense committed prior to January 1, 2008, except to the	5538
extent that by their nature they clearly would be inapplicable.	5539

Sec. 2950.02. (A) The general assembly hereby determines and	5540
declares that it recognizes and finds all of the following:	5541

(1) If the public is provided adequate notice and information	5542
about offenders and delinquent children who commit sexually	5543
oriented offenses or who commit child-victim oriented offenses,	5544
members of the public and communities can develop constructive	5545
plans to prepare themselves and their children for the offender's	5546
or delinquent child's release from imprisonment, a prison term, or	5547
other confinement or detention. This allows members of the public	5548
and communities to meet with members of law enforcement agencies	5549
to prepare and obtain information about the rights and	5550
responsibilities of the public and the communities and to provide	5551
education and counseling to their children.	5552

(2) Sex offenders and child-victim offenders pose a risk of	5553
engaging in further sexually abusive behavior even after being	5554
released from imprisonment, a prison term, or other confinement or	5555
detention, and protection of members of the public from sex	5556
offenders and child-victim offenders is a paramount governmental	5557
interest.	5558

(3) The penal, juvenile, and mental health components of the	5559
justice system of this state are largely hidden from public view,	5560
and a lack of information from any component may result in the	5561
failure of the system to satisfy this paramount governmental	5562
interest of public safety described in division (A)(2) of this	5563
section.	5564

(4) Overly restrictive confidentiality and liability laws	5565
governing the release of information about sex offenders and	5566
child-victim offenders have reduced the willingness to release	5567
information that could be appropriately released under the public	5568
disclosure laws and have increased risks of public safety.	5569

(5) A person who is found to be a sex offender or a	5570
child-victim offender has a reduced expectation of privacy because	5571
of the public's interest in public safety and in the effective	5572
operation of government.	5573

(6) The release of information about sex offenders and	5574
child-victim offenders to public agencies and the general public	5575
will further the governmental interests of public safety and	5576
public scrutiny of the criminal, juvenile, and mental health	5577
systems as long as the information released is rationally related	5578
to the furtherance of those goals.	5579

(B) The general assembly hereby declares that, in providing	5580
in this chapter for registration regarding offenders and certain	5581
delinquent children who have committed sexually oriented offenses	5582
or who have committed child-victim oriented offenses and for	5583
community notification regarding tier III sex	5584
offenders/child-victim offenders, sexual predators, child-victim	5585
predators, habitual sex offenders, and habitual child-victim	5586
offenders who are criminal offenders~~, public registry-qualified~~	5587
~~juvenile offender registrants,~~ and certain ~~other~~ juvenile offender	5588
registrants who are about to be or have been released from	5589
imprisonment, a prison term, or other confinement or detention and	5590
who will live in or near a particular neighborhood or who	5591
otherwise will live in or near a particular neighborhood, it is	5592
the general assembly's intent to protect the safety and general	5593
welfare of the people of this state. The general assembly further	5594
declares that it is the policy of this state to require the	5595
exchange in accordance with this chapter of relevant information	5596
about sex offenders and child-victim offenders among public	5597
agencies and officials and to authorize the release in accordance	5598
with this chapter of necessary and relevant information about sex	5599
offenders and child-victim offenders to members of the general	5600
public as a means of assuring public protection and that the	5601
exchange or release of that information is not punitive.	5602

Sec. 2950.03. (A) Each person who has been convicted of, is	5603
convicted of, has pleaded guilty to, or pleads guilty to a	5604
sexually oriented offense or a child-victim oriented offense and	5605
who has a duty to register pursuant to section 2950.04 or 2950.041	5606
of the Revised Code and each person who is adjudicated a	5607
delinquent child for committing a sexually oriented offense or a	5608
child-victim oriented offense and who is classified a juvenile	5609
offender registrant based on that adjudication shall be provided	5610
notice in accordance with this section of the offender's or	5611
delinquent child's duties imposed under sections 2950.04,	5612
2950.041, 2950.05, and 2950.06 of the Revised Code and of the	5613
offender's duties to similarly register, provide notice of a	5614
change, and verify addresses in another state if the offender	5615
resides, is temporarily domiciled, attends a school or institution	5616
of higher education, or is employed in a state other than this	5617
state. The following official shall provide the notice required	5618
under this division to the specified person at the following time:	5619

(1) Regardless of when the person committed the sexually	5620
oriented offense or child-victim oriented offense, if the person	5621
is an offender who is sentenced to a prison term, a term of	5622
imprisonment, or any other type of confinement for any offense,	5623
and if on or after January 1, 2008, the offender is serving that	5624
term or is under that confinement, subject to division (A)(5) of	5625
this section, the official in charge of the jail, workhouse, state	5626
correctional institution, or other institution in which the	5627
offender serves the prison term, term of imprisonment, or	5628
confinement, or a designee of that official, shall provide the	5629
notice to the offender before the offender is released pursuant to	5630
any type of supervised release or before the offender otherwise is	5631
released from the prison term, term of imprisonment, or	5632
confinement.	5633

(2) Regardless of when the person committed the sexually	5634
oriented offense or child-victim oriented offense, if the person	5635
is an offender who is sentenced on or after January 1, 2008, for	5636
any offense, and if division (A)(1) of this section does not	5637
apply, the judge shall provide the notice to the offender at the	5638
time of sentencing.	5639

(3) If the person is a delinquent child who is classified a	5640
juvenile offender registrant on or after January 1, 2008, the	5641
judge shall provide the notice to the delinquent child at the time	5642
specified in division (B) of section 2152.82, division (C) of	5643
section 2152.83, division (C) of section 2152.84, or division (E)	5644
of section 2152.85 of the Revised Code, whichever is applicable.	5645

(4) ~~If the person is a delinquent child who is classified as~~	5646
~~both a juvenile offender registrant and a public~~	5647
~~registry-qualified juvenile offender registrant on or after~~	5648
~~January 1, 2008, the judge shall provide the notice to the~~	5649
~~delinquent child at the time specified in division (B) of section~~	5650
~~2152.86 of the Revised Code.~~	5651

~~(5)~~ If the person is an offender or delinquent child in any	5652
of the following categories based on an offense committed on or	5653
after January 1, 2008, the attorney general, department of	5654
rehabilitation and correction, or department of youth services	5655
shall provide the notice to the offender or delinquent child at	5656
the time and in the manner specified in section 2950.031 or	5657
division (A) or (B) of section 2950.032 of the Revised Code,	5658
whichever is applicable:	5659

(a) An offender or delinquent child who prior to December 1,	5660
2007, has registered a residence, school, institution of higher	5661
education, or place of employment address pursuant to section	5662
2950.04, 2950.041, or 2950.05 of the Revised Code;	5663

(b) An offender or delinquent child who registers with a	5664
sheriff pursuant to section 2950.04 or 2950.041 of the Revised	5665
Code on or after December 1, 2007, previously had not registered	5666
under either section with that sheriff or any other sheriff, and	5667
was convicted of, pleaded guilty to, or was classified a juvenile	5668
offender registrant relative to the sexually oriented offense or	5669
child-victim oriented offense upon which the registration was	5670
based prior to December 1, 2007;	5671

(c) An offender who on December 1, 2007, is serving a prison	5672
term in a state correctional institution for a sexually oriented	5673
offense or child-victim oriented offense or each delinquent child	5674
who has been classified a juvenile offender registrant relative to	5675
a sexually oriented offense or child-victim oriented offense and	5676
who on that date is confined in an institution of the department	5677
of youth services for the sexually oriented offense or	5678
child-victim oriented offense;	5679

(d) An offender or delinquent child who on or after December	5680
2, 2007, commences a prison term in a state correctional	5681
institution or confinement in an institution of the department of	5682
youth services for a sexually oriented offense or child-victim	5683
oriented offense and who was convicted of, pleaded guilty to, or	5684
was classified a juvenile offender registrant relative to the	5685
sexually oriented offense or child-victim oriented offense prior	5686
to that date.	5687

~~(6)~~(5) If the person is an offender or delinquent child who	5688
on or after July 1, 2007, and prior to January 1, 2008, is	5689
convicted of or pleads guilty to a sexually oriented offense or a	5690
child-victim oriented offense and is not sentenced to a prison	5691
term for that offense or is classified a juvenile offender	5692
registrant relative to a sexually oriented offense or child-victim	5693
oriented offense and is not committed to the custody of the	5694
department of youth services for that offense, the sentencing	5695
court or juvenile court shall provide the notice to the offender	5696
or delinquent child at the time and in the manner specified in	5697
division (C) of section 2950.032 of the Revised Code.	5698

~~(7)~~(6) If the person is an offender or delinquent child who	5699
has a duty to register in this state pursuant to division (A)(4)	5700
of section 2950.04 or 2950.041 of the Revised Code, the offender	5701
or delinquent child is presumed to have knowledge of the law and	5702
of the offender's or delinquent child's duties imposed under	5703
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5704
Code.	5705

(B)(1) The notice provided under division (A) of this section	5706
shall inform the offender or delinquent child of the offender's or	5707
delinquent child's duty to register, to provide notice of a change	5708
in the offender's or delinquent child's residence address or in	5709
the offender's school, institution of higher education, or place	5710
of employment address, as applicable, and register the new	5711
address, to periodically verify the offender's or delinquent	5712
child's residence address or the offender's school, institution of	5713
higher education, or place of employment address, as applicable,	5714
and, if applicable, to provide notice of the offender's or	5715
delinquent child's intent to reside, pursuant to sections 2950.04,	5716
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice	5717
shall specify that, for an offender, it applies regarding	5718
residence addresses or school, institution of higher education,	5719
and place of employment addresses and that, for a delinquent	5720
child, it applies regarding residence addresses. Additionally, it	5721
shall inform the offender of the offender's duties to similarly	5722
register, provide notice of a change in, and verify those	5723
addresses in states other than this state as described in division	5724
(A) of this section. A notice provided under division (A)(1), (2),	5725
or (3)~~, or (4)~~ of this section shall comport with the following:	5726

(a) If the notice is provided to an offender under division	5727
(A)(1) or (2) of this section, the official, official's designee,	5728
or judge shall require the offender to read and sign a form	5729
stating that the offender's duties to register, to file a notice	5730
of intent to reside, if applicable, to register a new residence	5731
address or new school, institution of higher education, or place	5732
of employment address, and to periodically verify those addresses,	5733
and the offender's duties in other states as described in division	5734
(A) of this section have been explained to the offender. If the	5735
offender is unable to read, the official, official's designee, or	5736
judge shall certify on the form that the official, designee, or	5737
judge specifically informed the offender of those duties and that	5738
the offender indicated an understanding of those duties.	5739

(b) If the notice is provided to a delinquent child under	5740
division (A)(3) ~~or (4)~~ of this section, the judge shall require	5741
the delinquent child and the delinquent child's parent, guardian,	5742
or custodian to read and sign a form stating that the delinquent	5743
child's duties to register, to file a notice of intent to reside,	5744
if applicable, to register a new residence address, and to	5745
periodically verify that address have been explained to the	5746
delinquent child and to the delinquent child's parent, guardian,	5747
or custodian. If the delinquent child or the delinquent child's	5748
parent, guardian, or custodian is unable to read, the judge shall	5749
certify on the form that the judge specifically informed the	5750
delinquent child or the delinquent child's parent, guardian, or	5751
custodian of those duties and that the delinquent child or the	5752
delinquent child's parent, guardian, or custodian indicated an	5753
understanding of those duties.	5754

(2) The notice provided under divisions (A)(1) to ~~(4)~~(3) of	5755
this section shall be on a form prescribed by the bureau of	5756
criminal identification and investigation and shall contain all of	5757
the information specified in division (A) of this section and all	5758
of the information required by the bureau. The notice provided	5759
under divisions (A)(1) to (4) of this section shall include, but	5760
is not limited to, all of the following:	5761

(a) For any notice provided under divisions (A)(1) to ~~(4)~~(3)	5762
of this section, an explanation of the offender's periodic	5763
residence address or periodic school, institution of higher	5764
education, or place of employment address verification process or	5765
of the delinquent child's periodic residence address verification	5766
process, an explanation of the frequency with which the offender	5767
or delinquent child will be required to verify those addresses	5768
under that process, a statement that the offender or delinquent	5769
child must verify those addresses at the times specified under	5770
that process or face criminal prosecution or a delinquent child	5771
proceeding, and an explanation of the offender's duty to similarly	5772
register, verify, and reregister those addresses in another state	5773
if the offender resides in another state, attends a school or	5774
institution of higher education in another state, or is employed	5775
in another state.	5776

(b) If the notice is provided under division (A)(3) ~~or (4)~~ of	5777
this section, a statement that the delinquent child has been	5778
classified by the adjudicating juvenile court judge or the judge's	5779
successor in office a juvenile offender registrant ~~and, if~~	5780
~~applicable, a public-registry qualified juvenile offender~~	5781
~~registrant~~ and has a duty to comply with sections 2950.04,	5782
2950.041, 2950.05, and 2950.06 of the Revised Code;	5783

(c) If the notice is provided under division (A)(3) ~~or (4)~~ of	5784
this section, a statement that, if the delinquent child fails to	5785
comply with the requirements of sections 2950.04, 2950.041,	5786
2950.05, and 2950.06 of the Revised Code, both of the following	5787
apply:	5788

(i) If the delinquent child's failure occurs while the child	5789
is under eighteen years of age, the child is subject to	5790
proceedings under Chapter 2152. of the Revised Code based on the	5791
failure, but if the failure occurs while the child is eighteen	5792
years of age or older, the child is subject to criminal	5793
prosecution based on the failure.	5794

(ii) If the delinquent child's failure occurs while the child	5795
is under eighteen years of age, unless the child is emancipated,	5796
as defined in section 2919.121 of the Revised Code, the failure of	5797
the parent, guardian, or custodian to ensure that the child	5798
complies with those requirements is a violation of section 2919.24	5799
of the Revised Code and may result in the prosecution of the	5800
parent, guardian, or custodian for that violation.	5801

(3)(a) After an offender described in division (A)(1) or (2)	5802
of this section has signed the form described in divisions (B)(1)	5803
and (2) of this section or the official, official's designee, or	5804
judge has certified on the form that the form has been explained	5805
to the offender and that the offender indicated an understanding	5806
of the duties indicated on it, the official, official's designee,	5807
or judge shall give one copy of the form to the offender, within	5808
three days shall send one copy of the form to the bureau of	5809
criminal identification and investigation in accordance with the	5810
procedures adopted pursuant to section 2950.13 of the Revised	5811
Code, shall send one copy of the form to the sheriff of the county	5812
in which the offender expects to reside, and shall send one copy	5813
of the form to the sheriff of the county in which the offender was	5814
convicted or pleaded guilty if the offender has a duty to register	5815
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the	5816
Revised Code.	5817

(b) After a delinquent child described in division (A)(3) or	5818
~~(4)~~ of this section and the delinquent child's parent, guardian,	5819
or custodian have signed the form described in divisions (B)(1)	5820
and (2) of this section or the judge has certified on the form	5821
that the form has been explained to the delinquent child or the	5822
delinquent child's parent, guardian, or custodian and that the	5823
delinquent child or the delinquent child's parent, guardian, or	5824
custodian indicated an understanding of the duties and information	5825
indicated on the form, the judge shall give a copy of the form to	5826
both the delinquent child and to the delinquent child's parent,	5827
guardian, or custodian, within three days shall send one copy of	5828
the form to the bureau of criminal identification and	5829
investigation in accordance with the procedures adopted pursuant	5830
to section 2950.13 of the Revised Code, shall send one copy of the	5831
form to the sheriff of the county in which the delinquent child	5832
expects to reside, and shall send one copy of the form to the	5833
sheriff of the county in which the child was adjudicated a	5834
delinquent child if the delinquent child has a duty to register	5835
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the	5836
Revised Code.	5837

(C) The official, official's designee, judge, chief of	5838
police, or sheriff who is required to provide notice to an	5839
offender or delinquent child under divisions (A)(1) to ~~(4)~~(3) of	5840
this section shall determine the offender's or delinquent child's	5841
name, identifying factors, and expected future residence address	5842
in this state or any other state, shall obtain the offender's or	5843
delinquent child's criminal and delinquency history, and shall	5844
obtain a photograph and the fingerprints of the offender or	5845
delinquent child. Regarding an offender, the official, designee,	5846
or judge also shall obtain from the offender the offender's	5847
current or expected future school, institution of higher	5848
education, or place of employment address in this state, if any.	5849
If the notice is provided by a judge under division (A)(2),or	5850
(3)~~, or (4)~~ of this section, the sheriff shall provide the	5851
offender's or delinquent child's criminal and delinquency history	5852
to the judge. The official, official's designee, or judge shall	5853
obtain this information and these items prior to giving the	5854
notice, except that a judge may give the notice prior to obtaining	5855
the offender's or delinquent child's criminal and delinquency	5856
history. Within three days after receiving this information and	5857
these items, the official, official's designee, or judge shall	5858
forward the information and items to the bureau of criminal	5859
identification and investigation in accordance with the forwarding	5860
procedures adopted pursuant to section 2950.13 of the Revised	5861
Code, to the sheriff of the county in which the offender or	5862
delinquent child expects to reside and to the sheriff of the	5863
county in which the offender or delinquent child was convicted,	5864
pleaded guilty, or adjudicated a delinquent child if the offender	5865
or delinquent child has a duty to register pursuant to division	5866
(A)(1) of section 2950.04 or 2950.041 of the Revised Code, and,	5867
regarding an offender, to the sheriff of the county, if any, in	5868
which the offender attends or will attend a school or institution	5869
of higher education or is or will be employed. If the notice is	5870
provided under division (A)(3) ~~or (4)~~ of this section and if the	5871
delinquent child has been committed to the department of youth	5872
services or to a secure facility, the judge, in addition to the	5873
other information and items described in this division, also shall	5874
forward to the bureau and to the sheriff notification that the	5875
child has been so committed. If it has not already done so, the	5876
bureau of criminal identification and investigation shall forward	5877
a copy of the fingerprints and conviction data received under this	5878
division to the federal bureau of investigation.	5879

Sec. 2950.031. (A)(1) AtSubject to division (F) of this	5880
section, at any time on or after July 1, 2007, and not later than	5881
December 1, 2007, the attorney general shall determine for each	5882
offender or delinquent child who prior to December 1, 2007, has	5883
registered a residence, school, institution of higher education,	5884
or place of employment address pursuant to section 2950.04,	5885
2950.041, or 2950.05 of the Revised Code the offender's or	5886
delinquent child's new classification as a tier I sex	5887
offender/child-victim offender, a tier II sex	5888
offender/child-victim offender, or a tier III sex	5889
offender/child-victim offender under Chapter 2950. of the Revised	5890
Code as it will exist under the changes that will be implemented	5891
on January 1, 2008, and the offender's or delinquent child's	5892
duties under Chapter 2950. of the Revised Code as so changed~~, and,~~	5893
~~regarding a delinquent child, whether the child is a public~~	5894
~~registry-qualified juvenile offender registrant~~.	5895

(2) AtSubject to division (F) of this section, at any time	5896
on or after July 1, 2007, and not later than December 1, 2007, the	5897
attorney general shall send to each offender or delinquent child	5898
who prior to December 1, 2007, has registered a residence, school,	5899
institution of higher education, or place of employment address	5900
pursuant to section 2950.04, 2950.041, or 2950.05 of the Revised	5901
Code a registered letter that contains the information described	5902
in this division. The registered letter shall be sent return	5903
receipt requested to the last reported address of the person and,	5904
if the person is a delinquent child, the last reported address of	5905
the parents of the delinquent child. The letter sent to an	5906
offender or to a delinquent child and the delinquent child's	5907
parents pursuant to this division shall notify the offender or the	5908
delinquent child and the delinquent child's parents of all of the	5909
following:	5910

(a) The changes in Chapter 2950. of the Revised Code that	5911
will be implemented on January 1, 2008;	5912

(b) Subject to division (A)(2)(c) of this section, the	5913
offender's or delinquent child's new classification as a tier I	5914
sex offender/child-victim offender, a tier II sex	5915
offender/child-victim offender, or a tier III sex	5916
offender/child-victim offender under Chapter 2950. of the Revised	5917
Code as it will exist under the changes that will be implemented	5918
on January 1, 2008, the offender's or delinquent child's duties	5919
under Chapter 2950. of the Revised Code as so changed and the	5920
duration of those duties, ~~whether the delinquent child is~~	5921
~~classified a public registry-qualified juvenile offender~~	5922
~~registrant,~~ and the information specified in ~~division (B) of~~	5923
section 2950.03 of the Revised Code to the extent it is relevant	5924
to the offender or delinquent child;	5925

(c) The fact that the offender or delinquent child has a	5926
right to a hearing as described in division (E) of this section,	5927
the procedures for requesting the hearing, and the period of time	5928
within which the request for the hearing must be made.	5929

(d) If the offender's or delinquent child's duty to comply	5930
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	5931
Revised Code is scheduled to terminate on or after July 1, 2007,	5932
and prior to January 1, 2008, under the version of section 2950.07	5933
of the Revised Code that is in effect prior to January 1, 2008, a	5934
summary of the provisions of section 2950.033 of the Revised Code	5935
and the application of those provisions to the offender or	5936
~~delinquent child, provided that this division applies to a~~	5937
~~delinquent child only if the child is in a category specified in~~	5938
~~division (C) of section 2950.033 of the Revised Code~~.	5939

(3) The attorney general shall make the determinations	5940
described in division (A)(1) of this section for each offender or	5941
delinquent child who has registered an address as described in	5942
that division, even if the offender's duty to comply with sections	5943
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is	5944
scheduled to terminate prior to January 1, 2008, under the version	5945
of section 2950.07 of the Revised Code that is in effect prior to	5946
that date ~~or the delinquent child is in a category specified in~~	5947
~~division (C) of section 2950.033 of the Revised Code and the~~	5948
~~child's duty to comply with those sections is scheduled to~~	5949
~~terminate prior to January 1, 2008, under the version of section~~	5950
~~2950.07 of the Revised Code that is in effect prior to that date~~.	5951
The attorney general shall send the registered letter described in	5952
division (A)(2) of this section to each offender or delinquent	5953
child who has registered an address as described in that division	5954
even if the offender's duty to comply with sections 2950.04,	5955
2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to	5956
terminate prior to January 1, 2008, under the version of section	5957
2950.07 of the Revised Code that is in effect prior to that date,	5958
~~or the delinquent child is in a category specified in division (C)~~	5959
~~of section 2950.033 of the Revised Code, and the child's duty to~~	5960
~~comply with those sections is scheduled to terminate prior to~~	5961
~~January 1, 2008, under the version of section 2950.07 of the~~	5962
~~Revised Code that is in effect prior to that date~~. Section	5963
2950.033 of the Revised Code applies to any offender who has	5964
registered an address as described in division (A)(1) or (2) of	5965
this section and whose duty to comply with sections 2950.04,	5966
2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to	5967
terminate prior to January 1, 2008, under the version of section	5968
2950.07 of the Revised Code that is in effect prior to that date,	5969
~~or the delinquent child is in a category specified in division (C)~~	5970
~~of section 2950.033 of the Revised Code, and the child's duty to~~	5971
~~comply with those sections is scheduled to terminate prior to~~	5972
~~January 1, 2008, under the version of section 2950.07 of the~~	5973
~~Revised Code that is in effect prior to that date~~.	5974

(B) IfSubject to division (F) of this section, if a sheriff	5975
informs the attorney general pursuant to section 2950.043 of the	5976
Revised Code that an offender or delinquent child registered with	5977
the sheriff pursuant to section 2950.04 or 2950.041 of the Revised	5978
Code on or after December 1, 2007, that the offender or delinquent	5979
child previously had not registered under either section with that	5980
sheriff or any other sheriff, and that the offender or delinquent	5981
child was convicted of, pleaded guilty to, or was classified a	5982
juvenile offender registrant relative to the sexually oriented	5983
offense or child-victim oriented offense upon which the	5984
registration was based prior to December 1, 2007, within fourteen	5985
days after being so informed of the registration and receiving the	5986
information and material specified in division (D) of that	5987
section, the attorney general shall determine for the offender or	5988
delinquent child all of the matters specified in division (A)(1)	5989
of this section. Upon making the determinations, the attorney	5990
general immediately shall send to the offender or to the	5991
delinquent child and the delinquent child's parents a registered	5992
letter pursuant to division (A)(2) of this section that contains	5993
the information specified in that division.	5994

(C) The attorney general shall maintain the return receipts	5995
for all offenders, delinquent children, and parents of delinquent	5996
children who are sent a registered letter under division (A) or	5997
(B) of this section. For each offender, delinquent child, and	5998
parents of a delinquent child, the attorney general shall send a	5999
copy of the return receipt for the offender, delinquent child, or	6000
parents to the sheriff with whom the offender or delinquent child	6001
most recently registered a residence address and, if applicable, a	6002
school, institution of higher education, or place of employment	6003
address and to the prosecutor who handled the case in which the	6004
offender or delinquent child was convicted of, pleaded guilty to,	6005
or was adjudicated a delinquent child for committing the sexually	6006
oriented offense or child-victim oriented offense that resulted in	6007
the offender's or child's registration duty under section 2950.04	6008
or 2950.041 of the Revised Code. If a return receipt indicates	6009
that the offender, delinquent child, or parents of a delinquent	6010
child to whom the registered letter was sent does not reside or	6011
have temporary domicile at the listed address, the attorney	6012
general immediately shall provide notice of that fact to the	6013
sheriff with whom the offender or delinquent child registered that	6014
residence address.	6015

(D) The attorney general shall mail to each sheriff a list of	6016
all offenders and delinquent children who have registered a	6017
residence address or a school, institution of higher education, or	6018
place of employment address with that sheriff and to whom a	6019
registered letter is sent under division (A) or (B) of this	6020
section. The list shall specify the offender's or delinquent	6021
child's new classification as a tier I sex offender/child-victim	6022
offender, a tier II sex offender/child-victim offender, or a tier	6023
III sex offender/child-victim offender under Chapter 2950. of the	6024
Revised Code as it will exist under the changes that will be	6025
implemented on January 1, 2008, and the offender's or delinquent	6026
child's duties under Chapter 2950. of the Revised Code as so	6027
changed~~, and, regarding a delinquent child, whether the child is a~~	6028
~~public registry-qualified juvenile offender registrant~~.	6029

(E) AnSubject to division (F) of this section, an offender	6030
or delinquent child who is in a category described in division	6031
(A)(2) or (B) of this section may request as a matter of right a	6032
court hearing to contest the application to the offender or	6033
delinquent child of the new registration requirements under	6034
Chapter 2950. of the Revised Code as it will exist under the	6035
changes that will be implemented on January 1, 2008. The offender	6036
or delinquent child may contest the manner in which the letter	6037
sent to the offender or delinquent child pursuant to division (A)	6038
or (B) of this section specifies that the new registration	6039
requirements apply to the offender or delinquent child or may	6040
contest whether those new registration requirements apply at all	6041
to the offender or delinquent child. To request the hearing, the	6042
offender or delinquent child not later than the date that is sixty	6043
days after the offender or delinquent child received the	6044
registered letter sent by the attorney general pursuant to	6045
division (A)(2) of this section shall file a petition with the	6046
court specified in this division. If the offender or delinquent	6047
child resides in or is temporarily domiciled in this state and	6048
requests a hearing, the offender or delinquent child shall file	6049
the petition with, and the hearing shall be held in, the court of	6050
common pleas or, for a delinquent child, the juvenile court of the	6051
county in which the offender or delinquent child resides or	6052
temporarily is domiciled. If the offender does not reside in and	6053
is not temporarily domiciled in this state, the offender or	6054
delinquent child shall file the petition with, and the hearing	6055
shall be held in, the court of common pleas of the county in which	6056
the offender registered a school, institution of higher education,	6057
or place of employment address, but if the offender has registered	6058
addresses of that nature in more than one county, the offender may	6059
file such a petition in the court of only one of those counties.	6060

If the offender or delinquent child requests a hearing by	6061
timely filing a petition with the appropriate court, the offender	6062
or delinquent child shall serve a copy of the petition on the	6063
prosecutor of the county in which the petition is filed. The	6064
prosecutor shall represent the interests of the state in the	6065
hearing. In any hearing under this division, the Rules of Civil	6066
Procedure or, if the hearing is in a juvenile court, the Rules of	6067
Juvenile Procedure apply, except to the extent that those Rules	6068
would by their nature be clearly inapplicable. The court shall	6069
schedule a hearing, and shall provide notice to the offender or	6070
delinquent child and prosecutor of the date, time, and place of	6071
the hearing.	6072

If an offender or delinquent child requests a hearing in	6073
accordance with this division, until the court issues its decision	6074
at or subsequent to the hearing, the offender or delinquent child	6075
shall comply prior to January 1, 2008, with Chapter 2950. of the	6076
Revised Code as it exists prior to that date and shall comply on	6077
and after January 1, 2008, with Chapter 2950. of the Revised Code	6078
as it will exist under the changes that will be implemented on	6079
that date. If an offender or delinquent child requests a hearing	6080
in accordance with this division, at the hearing, all parties are	6081
entitled to be heard, and the court shall consider all relevant	6082
information and testimony presented relative to the application to	6083
the offender or delinquent child of the new registration	6084
requirements under Chapter 2950. of the Revised Code as it will	6085
exist under the changes that will be implemented on January 1,	6086
2008. If, at the conclusion of the hearing, the court finds that	6087
the offender or delinquent child has proven by clear and	6088
convincing evidence that the new registration requirements do not	6089
apply to the offender or delinquent child in the manner specified	6090
in the letter sent to the offender or delinquent child pursuant to	6091
division (A) or (B) of this section, the court shall issue an	6092
order that specifies the manner in which the court has determined	6093
that the new registration requirements do apply to the offender or	6094
delinquent child. If at the conclusion of the hearing the court	6095
finds that the offender or delinquent child has proven by clear	6096
and convincing evidence that the new registration requirements do	6097
not apply to the offender or delinquent child, the court shall	6098
issue an order that specifies that the new registration	6099
requirements do not apply to the offender or delinquent child. The	6100
court promptly shall serve a copy of an order issued under this	6101
division upon the sheriff with whom the offender or delinquent	6102
child most recently registered under section 2950.04, 2950.041, or	6103
2950.05 of the Revised Code and upon the bureau of criminal	6104
identification and investigation. The offender or delinquent child	6105
and the prosecutor have the right to appeal the decision of the	6106
court issued under this division.	6107

If an offender or delinquent child fails to request a hearing	6108
in accordance with this division within the applicable sixty-day	6109
period specified in this division, the failure constitutes a	6110
waiver by the offender or delinquent child of the offender's or	6111
delinquent child's right to a hearing under this division, and the	6112
offender or delinquent child is bound by the determinations of the	6113
attorney general contained in the registered letter sent to the	6114
offender or child.	6115

~~If a juvenile court issues an order under division (A)(2) or~~	6116
~~(3) of section 2152.86 of the Revised Code that classifies a~~	6117
~~delinquent child a public-registry qualified juvenile offender~~	6118
~~registrant and if the child's delinquent act was committed prior~~	6119
to(F) The provisions of divisions (A) to (E) of this section do	6120
not apply to any person who, under the version of this chapter	6121
that existed immediately prior to July 1, 2007, is classified a	6122
sexual predator, habitual sex offender, sexually oriented	6123
offender, child-victim predator, habitual child-victim offender,	6124
or child-victim oriented offender based on any sexually oriented	6125
offense or child-victim oriented offense committed prior to	6126
January 1, 2008~~, a challenge to the classification contained in~~	6127
~~the order shall be made pursuant to division (D) of section~~	6128
~~2152.86 of the Revised Code~~.	6129

Sec. 2950.032. (A)(1) AtSubject to division (F) of this	6130
section, at any time on or after July 1, 2007, and not later than	6131
December 1, 2007, the attorney general shall do all of the	6132
following:	6133

(a) For each offender who on December 1, 2007, will be	6134
serving a prison term in a state correctional institution for a	6135
sexually oriented offense or child-victim oriented offense,	6136
determine the offender's classification relative to that offense	6137
as a tier I sex offender/child-victim offender, a tier II sex	6138
offender/child-victim offender, or a tier III sex	6139
offender/child-victim offender under Chapter 2950. of the Revised	6140
Code as it will exist under the changes in that chapter that will	6141
be implemented on January 1, 2008, and the offender's duties under	6142
Chapter 2950. of the Revised Code as so changed and provide to the	6143
department of rehabilitation and correction a document that	6144
describes that classification and those duties;	6145

(b) For each delinquent child who has been classified a	6146
juvenile offender registrant relative to a sexually oriented	6147
offense or child-victim oriented offense and who on December 1,	6148
2007, will be confined in an institution of the department of	6149
youth services for the sexually oriented offense or child-victim	6150
oriented offense, determine the delinquent child's classification	6151
relative to that offense as a tier I sex offender/child-victim	6152
offender, a tier II sex offender/child-victim offender, or a tier	6153
III sex offender/child-victim offender under Chapter 2950. of the	6154
Revised Code as it will exist under the changes in that chapter	6155
that will be implemented on January 1, 2008, and the delinquent	6156
child's duties under Chapter 2950. of the Revised Code as so	6157
changed~~, and whether the delinquent child is a public~~	6158
~~registry-qualified juvenile offender registrant~~ and provide to the	6159
department a document that describes that classification,and	6160
those duties~~, and whether the delinquent child is a public~~	6161
~~registry-qualified juvenile offender registrant~~.	6162

(c) For each offender and delinquent child described in	6163
division (A)(1)(a) or (b) of this section, determine whether the	6164
attorney general is required to send a registered letter to that	6165
offender or that delinquent child and delinquent child's parents	6166
pursuant to section 2950.031 of the Revised Code relative to the	6167
sexually oriented offense or child-victim oriented offense for	6168
which the offender or delinquent child is serving the prison term	6169
or is confined and, if the attorney general is required to send	6170
such a letter to that offender or that delinquent child and	6171
delinquent child's parents relative to that offense, include in	6172
the document provided to the department of rehabilitation and	6173
correction or the department of youth services under division	6174
(A)(1)(a) or (b) of this section a conspicuous notice that the	6175
attorney general will be sending the offender or delinquent child	6176
and delinquent child's parent the registered letter and that the	6177
department is not required to provide to the offender or	6178
delinquent child the written notice described in division (A)(2)	6179
of this section.	6180

(2) AtSubject to division (F) of this section, at any time	6181
on or after July 1, 2007, and not later than December 1, 2007,	6182
except as otherwise described in this division, the department of	6183
rehabilitation and correction shall provide to each offender	6184
described in division (A)(1)(a) of this section and the department	6185
of youth services shall provide to each delinquent child described	6186
in division (A)(1)(b) of this section and to the delinquent	6187
child's parents a written notice that contains the information	6188
described in this division. The department of rehabilitation and	6189
correction and the department of youth services are not required	6190
to provide the written notice to an offender or a delinquent child	6191
and the delinquent child's parents if the attorney general	6192
included in the document provided to the particular department	6193
under division (A)(1)(a) or (b) of this section notice that the	6194
attorney general will be sending that offender or that delinquent	6195
child and the delinquent child's parents a registered letter and	6196
that the department is not required to provide to that offender or	6197
that delinquent child and parents the written notice. The written	6198
notice provided to an offender or a delinquent child and the	6199
delinquent child's parents pursuant to this division shall notify	6200
the offender or delinquent child of all of the following:	6201

(a) The changes in Chapter 2950. of the Revised Code that	6202
will be implemented on January 1, 2008;	6203

(b) Subject to division (A)(2)(c) of this section, the	6204
offender's or delinquent child's classification as a tier I sex	6205
offender/child-victim offender, a tier II sex	6206
offender/child-victim offender, or a tier III sex	6207
offender/child-victim offender under Chapter 2950. of the Revised	6208
Code as it will exist under the changes that will be implemented	6209
on January 1, 2008, the offender's or delinquent child's duties	6210
under Chapter 2950. of the Revised Code as so changed and the	6211
duration of those duties, ~~whether the delinquent child is~~	6212
~~classified a public registry-qualified juvenile offender~~	6213
~~registrant,~~ and the information specified in division (B) of	6214
section 2950.03 of the Revised Code to the extent it is relevant	6215
to the offender or delinquent child;	6216

(c) The fact that the offender or delinquent child has a	6217
right to a hearing as described in division (E) of this section,	6218
the procedures for requesting the hearing, and the period of time	6219
within which the request for the hearing must be made;	6220

(d) If the offender's or delinquent child's duty to comply	6221
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	6222
Revised Code is scheduled to terminate on or after July 1, 2007,	6223
and prior to January 1, 2008, under the version of section 2950.07	6224
of the Revised Code that is in effect prior to January 1, 2008, a	6225
summary of the provisions of section 2950.033 of the Revised Code	6226
and the application of those provisions to the offender or	6227
~~delinquent child, provided that this division applies regarding a~~	6228
~~delinquent child only if the child is in a category specified in~~	6229
~~division (A) of section 2950.033 of the Revised Code~~.	6230

(3) The attorney general shall make the determinations	6231
described in divisions (A)(1)(a) and (b) of this section for each	6232
offender or delinquent child who is described in either of those	6233
divisions even if the offender's duty to comply with sections	6234
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is	6235
scheduled to terminate prior to January 1, 2008, under the version	6236
of section 2950.07 of the Revised Code that is in effect prior to	6237
that date~~, or the delinquent child is in a category specified in~~	6238
~~division (C) of section 2950.033 of the Revised Code, and the~~	6239
~~child's duty to comply with those sections is scheduled to~~	6240
~~terminate prior to January 1, 2008, under the version of section~~	6241
~~2950.07 of the Revised Code that is in effect prior to that date~~.	6242
The department of rehabilitation and correction shall provide to	6243
each offender described in division (A)(1)(a) of this section and	6244
the department of youth services shall provide to each delinquent	6245
child described in division (A)(1)(b) of this section the notice	6246
described in division (A)(2) of this section, even if the	6247
offender's duty to comply with sections 2950.04, 2950.041,	6248
2950.05, and 2950.06 of the Revised Code is scheduled to terminate	6249
prior to January 1, 2008, under the version of section 2950.07 of	6250
the Revised Code that is in effect prior to that date~~, or the~~	6251
~~delinquent child is in a category specified in division (C) of~~	6252
~~section 2950.033 of the Revised Code, and the child's duty to~~	6253
~~comply with those sections is scheduled to terminate prior to~~	6254
~~January 1, 2008, under the version of section 2950.07 of the~~	6255
~~Revised Code that is in effect prior to that date~~. Section	6256
2950.033 of the Revised Code applies regarding any offender	6257
described in division (A)(1)(a) or (b) of this section whose duty	6258
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	6259
the Revised Code is scheduled to terminate prior to January 1,	6260
2008, under the version of section 2950.07 of the Revised Code	6261
that is in effect prior to that date ~~and any delinquent child who~~	6262
~~is in a category specified in division (A) of section 2950.033 of~~	6263
~~the Revised Code and whose duty to comply with those sections is~~	6264
~~scheduled to terminate prior to January 1, 2008, under the version~~	6265
~~of section 2950.07 of the Revised Code that is in effect prior to~~	6266
~~that date~~.	6267

(B) IfSubject to division (F) of this section, if on or	6268
after December 2, 2007, an offender commences a prison term in a	6269
state correctional institution or a delinquent child commences	6270
confinement in an institution of the department of youth services	6271
for a sexually oriented offense or a child-victim oriented offense	6272
and if the offender or delinquent child was convicted of, pleaded	6273
guilty to, or was classified a juvenile offender registrant	6274
relative to the sexually oriented offense or child-victim oriented	6275
offense on or before that date, as soon as practicable, the	6276
department of rehabilitation and correction or the department of	6277
youth services, as applicable, shall contact the attorney general,	6278
inform the attorney general of the commencement of the prison term	6279
or institutionalization, and forward to the attorney general	6280
information and material that identifies the offender or	6281
delinquent child and that describes the sexually oriented offense	6282
resulting in the prison term or institutionalization, the facts	6283
and circumstances of it, and the offender's or delinquent child's	6284
criminal or delinquency history. Within fourteen days after being	6285
so informed of the commencement of the prison term or	6286
institutionalization and receiving the information and material	6287
specified in this division, the attorney general shall determine	6288
for the offender or delinquent child all of the matters specified	6289
in division (A)(1)(a), (b), or (c) of this section and immediately	6290
provide to the appropriate department a document that describes	6291
the offender's or delinquent child's classification and duties as	6292
so determined.	6293

Upon receipt from the attorney general of a document	6294
described in this division that pertains to an offender or	6295
delinquent child, the department of rehabilitation and correction	6296
shall provide to the offender or the department of youth services	6297
shall provide to the delinquent child, as applicable, a written	6298
notice that contains the information specified in division (A)(2)	6299
of this section.	6300

(C) IfSubject to division (F) of this section, if, on or	6301
after July 1, 2007, and prior to January 1, 2008, an offender is	6302
convicted of or pleads guilty to a sexually oriented offense or a	6303
child-victim oriented offense and the court does not sentence the	6304
offender to a prison term for that offense or if, on or after July	6305
1, 2007, and prior to January 1, 2008, a delinquent child is	6306
classified a juvenile offender registrant relative to a sexually	6307
oriented offense or a child-victim oriented offense and the	6308
juvenile court does not commit the child to the custody of the	6309
department of youth services for that offense, the court at the	6310
time of sentencing or the juvenile court at the time specified in	6311
division (B) of section 2152.82, division (C) of section 2152.83,	6312
division (C) of section 2152.84, or division (E) of section	6313
2152.85~~, or division (A) of section 2152.86~~ of the Revised Code,	6314
whichever is applicable, shall do all of the following:	6315

(1) Provide the offender or the delinquent child and the	6316
delinquent child's parents with the notices required under section	6317
2950.03 of the Revised Code, as it exists prior to January 1,	6318
2008, regarding the offender's or delinquent child's duties under	6319
this chapter as it exists prior to that date;	6320

(2) Provide the offender or the delinquent child and the	6321
delinquent child's parents with a written notice that contains the	6322
information specified in divisions (A)(2)(a) and (b) of this	6323
section;	6324

(3) Provide the offender or the delinquent child and the	6325
delinquent child's parents a written notice that clearly indicates	6326
that the offender or delinquent child is required to comply with	6327
the duties described in the notice provided under division (C)(1)	6328
of this section until January 1, 2008, and will be required to	6329
comply with the duties described in the notice provided under	6330
division (C)(2) of this section on and after that date.	6331

(D)(1) Except as otherwise provided in this division, the	6332
officer or employee of the department of rehabilitation and	6333
correction or the department of youth services who provides an	6334
offender or a delinquent child and the delinquent child's parents	6335
with the notices described in division (A)(2) or (B) of this	6336
section shall require the offender or delinquent child to read and	6337
sign a form stating that the changes in Chapter 2950. of the	6338
Revised Code that will be implemented on January 1, 2008, the	6339
offender's or delinquent child's classification as a tier I sex	6340
offender, a tier II sex offender, or a tier III sex offender, the	6341
offender's or delinquent child's duties under Chapter 2950. of the	6342
Revised Code as so changed and the duration of those duties, ~~the~~	6343
~~delinquent child's classification as a public registry-qualified~~	6344
~~juvenile offender registrant if applicable,~~ the information	6345
specified in division (B) of section 2950.03 of the Revised Code	6346
to the extent it is relevant to the offender or delinquent child,	6347
and the right to a hearing, procedures for requesting the hearing,	6348
and period of time within which the request for the hearing must	6349
be made have been explained to the offender or delinquent child.	6350

Except as otherwise provided in this division, the judge who	6351
provides an offender or delinquent child with the notices	6352
described in division (C) of this section shall require the	6353
offender or delinquent child to read and sign a form stating that	6354
all of the information described in divisions (C)(1) to (3) of	6355
this section has been explained to the offender or delinquent	6356
child.	6357

If the offender or delinquent child is unable to read, the	6358
official, employee, or judge shall certify on the form that the	6359
official, employee, or judge specifically informed the offender or	6360
delinquent child of all of that information and that the offender	6361
or delinquent child indicated an understanding of it.	6362

(2) After an offender or delinquent child has signed the form	6363
described in division (D)(1) of this section or the official,	6364
employee, or judge has certified on the form that the form has	6365
been explained to the offender or delinquent child and that the	6366
offender or delinquent child indicated an understanding of the	6367
specified information, the official, employee, or judge shall give	6368
one copy of the form to the offender or delinquent child, within	6369
three days shall send one copy of the form to the bureau of	6370
criminal identification and investigation in accordance with the	6371
procedures adopted pursuant to section 2950.13 of the Revised	6372
Code, and shall send one copy of the form to the sheriff of the	6373
county in which the offender or delinquent child expects to reside	6374
and one copy to the prosecutor who handled the case in which the	6375
offender or delinquent child was convicted of, pleaded guilty to,	6376
or was adjudicated a delinquent child for committing the sexually	6377
oriented offense or child-victim oriented offense that resulted in	6378
the offender's or child's registration duty under section 2950.04	6379
or 2950.041 of the Revised Code.	6380

(E) An offender or delinquent child who is provided a notice	6381
under division (A)(2) or (B) of this section may request as a	6382
matter of right a court hearing to contest the application to the	6383
offender or delinquent child of the new registration requirements	6384
under Chapter 2950. of the Revised Code as it will exist under the	6385
changes that will be implemented on January 1, 2008. The offender	6386
or delinquent child may contest the matters that are identified in	6387
division (E) of section 2950.031 of the Revised Code. To request	6388
the hearing, an offender or delinquent child who is provided a	6389
notice under division (A)(2) of this section shall file a petition	6390
with the appropriate court not later than the date that is sixty	6391
days after the offender or delinquent child is provided the notice	6392
under that division, and an offender or delinquent child who is	6393
provided a notice under division (B) of this section shall file a	6394
petition with the appropriate court not later than the date that	6395
is sixty days after the offender or delinquent child is provided	6396
the notice under that division. The request for the hearing shall	6397
be made in the manner and with the court specified in division (E)	6398
of section 2950.031 of the Revised Code, and, except as otherwise	6399
provided in this division, the provisions of that division	6400
regarding the service of process and notice regarding the hearing,	6401
the conduct of the hearing, the determinations to be made at the	6402
hearing, and appeals of those determinations also apply to a	6403
hearing requested under this division. If a hearing is requested	6404
as described in this division, the offender or delinquent child	6405
shall appear at the hearing by video conferencing equipment if	6406
available and compatible, except that, upon the court's own motion	6407
or the motion of the offender or delinquent child or the	6408
prosecutor representing the interests of the state and a	6409
determination by the court that the interests of justice require	6410
that the offender or delinquent child be present, the court may	6411
permit the offender or delinquent child to be physically present	6412
at the hearing. An appearance by video conferencing equipment	6413
pursuant to this division has the same force and effect as if the	6414
offender or delinquent child were physically present at the	6415
hearing. The provisions of division (E) of section 2950.031 of the	6416
Revised Code regarding the effect of a failure to timely request a	6417
hearing also apply to a failure to timely request a hearing under	6418
this division.	6419

~~If a juvenile court issues an order under division (A)(2) or~~	6420
~~(3) of section 2152.86 of the Revised Code that classifies a~~	6421
~~delinquent child a public-registry qualified juvenile offender~~	6422
~~registrant and if the child's delinquent act was committed prior~~	6423
to(F) The provisions of divisions (A) to (E) of this section do	6424
not apply to any person who, under the version of this chapter	6425
that existed immediately prior to July 1, 2007, is classified a	6426
sexual predator, habitual sex offender, sexually oriented	6427
offender, child-victim predator, habitual child-victim offender,	6428
or child-victim oriented offender based on any sexually oriented	6429
offense or child-victim oriented offense committed prior to	6430
January 1, 2008~~, a challenge to the classification contained in~~	6431
~~the order shall be made pursuant to division (D) of section~~	6432
~~2152.86 of the Revised Code~~.	6433

Sec. 2950.033. ~~(A)~~ If, on or before ~~July 1, 2007~~January 1,	6434
2008, ~~an offender~~a person who has been convicted of or, pleaded	6435
guilty to, or been adjudicated a delinquent child for committing a	6436
sexually oriented offense or a child-victim oriented offense ~~or a~~	6437
~~delinquent child in a category specified in division (C) of this~~	6438
~~section has~~that existed immediately prior to July 1, 2007, had a	6439
duty to comply with sections 2950.04, 2950.041, 2950.05, and	6440
2950.06 of the Revised Code based on that offense ~~and if~~, the	6441
offender's or delinquent child's duty to comply with those	6442
sections ~~based on that offense is scheduled to terminate on or~~	6443
~~after July 1, 2007, and prior to January 1, 2008, under the~~	6444
~~version of section 2950.07 of the Revised Code that is in effect~~	6445
~~prior to January 1, 2008, notwithstanding that scheduled~~	6446
~~termination of those duties, the offender's or delinquent child's~~	6447
~~duties under those sections shall not terminate as scheduled and~~	6448
~~shall remain in effect for the following period of time:~~	6449

~~(1) If the offender or delinquent child is in a category~~	6450
~~described in division (A)(1) of section 2950.031 of the Revised~~	6451
~~Code, receives a registered letter from the attorney general~~	6452
~~pursuant to division (A)(2) of that section, and timely requests a~~	6453
~~hearing in accordance with division (E) of that section to contest~~	6454
~~the application to the offender or delinquent child of the new~~	6455
~~registration requirements under Chapter 2950. of the Revised Code~~	6456
~~as it will exist under the changes that will be implemented on~~	6457
~~January 1, 2008, or the tier classification of the offender or~~	6458
~~delinquent child specified by the attorney general, the offender's~~	6459
~~or delinquent child's duty to comply with sections 2950.04,~~	6460
~~2950.041, 2950.05, and 2950.06 of the Revised Code shall continue~~	6461
~~at least until the court issues its decision at or subsequent to~~	6462
~~the hearing. The offender's or delinquent child's duty to comply~~	6463
~~with those sections shall continue in accordance with, and for the~~	6464
~~duration specified in, the determinations of the attorney general~~	6465
~~that are specified in the registered letter the offender or~~	6466
~~delinquent child received from the attorney general, unless the~~	6467
~~court's decision terminates the offender's or delinquent child's~~	6468
~~duty to comply with those sections or provides a different~~	6469
~~duration for which the offender or delinquent child has a duty to~~	6470
~~comply with them.~~	6471

~~(2) If the offender or delinquent child is in a category~~	6472
~~described in division (A)(1) of section 2950.031 of the Revised~~	6473
~~Code, receives a registered letter from the attorney general~~	6474
~~pursuant to division (A)(2) of that section, and does not timely~~	6475
~~request a hearing in accordance with division (E) of that section~~	6476
~~to contest the application to the offender or delinquent child of~~	6477
~~the new registration requirements under Chapter 2950. of the~~	6478
~~Revised Code as it will exist under the changes that will be~~	6479
~~implemented on January 1, 2008, or the tier classification of the~~	6480
~~offender or delinquent child specified by the attorney general,~~	6481
~~the offender's or delinquent child's duty to comply with sections~~	6482
~~2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall~~	6483
~~continue in accordance with, and for the duration specified in,~~	6484
~~the determinations of the attorney general that are specified in~~	6485
~~the registered letter the offender or delinquent child received~~	6486
~~from the attorney general.~~	6487

~~(3) If the offender or delinquent child is in a category~~	6488
~~described in division (A)(1)(a) or (b) of section 2950.032 of the~~	6489
~~Revised Code, receives a notice from the department of~~	6490
~~rehabilitation and correction or department of youth services~~	6491
~~pursuant to division (A)(2) of that section, and timely requests a~~	6492
~~hearing in accordance with division (E) of that section to contest~~	6493
~~the application to the offender or delinquent child of the new~~	6494
~~registration requirements under Chapter 2950. of the Revised Code~~	6495
~~as it will exist under the changes that will be implemented on~~	6496
~~January 1, 2008, or the tier classification of the delinquent~~	6497
~~child specified by the attorney general the offender's or~~	6498
~~delinquent child's duty to comply with sections 2950.04, 2950.041,~~	6499
~~2950.05, and 2950.06 of the Revised Code shall continue in the~~	6500
~~same manner and for the same duration as is described in division~~	6501
~~(A)(1) of this section regarding offenders and delinquent children~~	6502
~~in a category described in division (A)(1) of section 2950.031 of~~	6503
~~the Revised Code, who receive a registered letter from the~~	6504
~~attorney general pursuant to division (A)(2) of that section, and~~	6505
~~who timely request a hearing in accordance with division (E) of~~	6506
~~that section.~~	6507

~~(4) If the offender or delinquent child is in a category~~	6508
~~described in division (A)(1)(a) or (b) of section 2950.032 of the~~	6509
~~Revised Code, receives a notice from the department of~~	6510
~~rehabilitation and correction or department of youth services~~	6511
~~pursuant to division (A)(2) of that section, and does not timely~~	6512
~~request a hearing in accordance with division (E) of that section~~	6513
~~to contest the application to the offender or delinquent child of~~	6514
~~the new registration requirements under Chapter 2950. of the~~	6515
~~Revised Code as it will exist under the changes that will be~~	6516
~~implemented on January 1, 2008, or the tier classification of the~~	6517
~~delinquent child specified by the attorney general the offender's~~	6518
~~or delinquent child's duty to comply with sections 2950.04,~~	6519
~~2950.041, 2950.05, and 2950.06 of the Revised Code shall continue~~	6520
~~in the same manner and for the same duration as is described in~~	6521
~~division (A)(2) of this section regarding offenders and delinquent~~	6522
~~children in a category described in division (A)(1) of section~~	6523
~~2950.031 of the Revised Code, who receive a registered letter from~~	6524
~~the attorney general pursuant to division (A)(2) of that section,~~	6525
~~and who do not timely request a hearing in accordance with~~	6526
~~division (E) of that section.~~	6527

~~(5) If the offender or delinquent child is in a category~~	6528
~~described in division (A)(1) of section 2950.031 of the Revised~~	6529
~~Code but does not receive a registered letter from the attorney~~	6530
~~general pursuant to division (A)(2) of that section, or if the~~	6531
~~offender or delinquent child is in a category described in~~	6532
~~division (A)(1)(a) or (b) of section 2950.032 of the Revised Code~~	6533
~~but does not receive a notice from the department of~~	6534
~~rehabilitation and correction or department of youth services~~	6535
~~pursuant to division (A)(2) of that section, notwithstanding the~~	6536
~~failure of the offender or delinquent child to receive the~~	6537
~~registered letter or the notice, the offender's or delinquent~~	6538
~~child's duty to comply with sections 2950.04, 2950.041, 2950.05,~~	6539
~~and 2950.06 of the Revised Code shall continue in accordance with,~~	6540
~~and for the duration specified in, the provisions of Chapter 2950.~~	6541
~~of the Revised Code as they will exist under the changes to the~~	6542
~~provisions that will be implemented on January 1, 2008.~~	6543

~~(B) An offender or a delinquent child in a category specified~~	6544
~~in division (C) of this section who, on or before July 1, 2007,~~	6545
~~has a duty to comply with sections 2950.04, 2950.041, 2950.05, and~~	6546
~~2950.06 of the Revised Code based on a conviction of, plea of~~	6547
~~guilty to, or adjudication as a delinquent child for committing a~~	6548
~~sexually oriented offense or a child-victim oriented offense and~~	6549
~~whose duty to comply with those sections is scheduled to terminate~~	6550
~~on or after July 1, 2007, and prior to January 1, 2008, under the~~	6551
~~version of section 2950.07 of the Revised Code that is in effect~~	6552
~~prior to January 1, 2008, is presumed to have knowledge of the~~	6553
~~law, the content of division (A) of this section and its~~	6554
~~application to the offender or delinquent child, and the~~	6555
~~offender's or delinquent child's duties under Chapter 2950. of the~~	6556
~~Revised Code as it will exist under the changes that will be~~	6557
~~implemented on January 1, 2008. Any failure of any such offender~~	6558
~~or delinquent child to receive a registered letter from the~~	6559
~~attorney general pursuant to division (A)(2) of section 2950.031~~	6560
~~of the Revised Code or to receive a written notice from the~~	6561
~~department of rehabilitation and correction or department of youth~~	6562
~~services pursuant to division (A)(2) of section 2950.032 of the~~	6563
~~Revised Code does not negate, limit, or modify the presumption~~	6564
~~specified in this division.~~	6565

~~(C) Divisions (A) and (B) of this section apply to a person~~	6566
~~who is adjudicated a delinquent child for committing a sexually~~	6567
~~oriented offense or child-victim oriented offense only if the~~	6568
~~person is so adjudicated prior to January 1, 2008, and, under the~~	6569
~~version of section 2950.01 of the Revised Code that is to take~~	6570
~~effect on January 1, 2008, will be a public registry-qualified~~	6571
~~juvenile offender registrant relative to that offense~~shall	6572
continue under those sections as they exist on and after the	6573
effective date of this amendment.	6574

Sec. 2950.034. (A)(1) No person who has been convicted of, is	6575
convicted of, has pleaded guilty to, or pleads guilty to a	6576
sexually oriented offense or a child-victim oriented offense that	6577
was committed on or after July 31, 2003, shall establish a	6578
residence or occupy residential premises within one thousand feet	6579
of any school premises.	6580

(2) No person who has been convicted of, is convicted of, has	6581
pleaded guilty to, or pleads guilty to a sexually oriented offense	6582
or child-victim oriented offense that was committed on or after	6583
July 1, 2007, shall establish a residence or occupy residential	6584
premises within one thousand feet of any school premises or	6585
preschool or child day-care center premises.	6586

(B) If a person to whom division (A) of this section applies	6587
violates division (A) of this section by establishing a residence	6588
or occupying residential premises within one thousand feet of any	6589
school premises or preschool or child day-care center premises, an	6590
owner or lessee of real property that is located within one	6591
thousand feet of those school premises or preschool or child	6592
day-care center premises, or the prosecuting attorney, village	6593
solicitor, city or township director of law, similar chief legal	6594
officer of a municipal corporation or township, or official	6595
designated as a prosecutor in a municipal corporation that has	6596
jurisdiction over the place at which the person establishes the	6597
residence or occupies the residential premises in question, has a	6598
cause of action for injunctive relief against the person. The	6599
plaintiff shall not be required to prove irreparable harm in order	6600
to obtain the relief.	6601

6602

(1) "Child day-care center" has the same meaning as in	6603
section 5104.01 of the Revised Code.	6604

(2) "Preschool" means any public or private institution or	6605
center that provides early childhood instructional or educational	6606
services to children who are at least three years of age but less	6607
than six years of age and who are not enrolled in or are not	6608
eligible to be enrolled in kindergarten, whether or not those	6609
services are provided in a child day-care setting. "Preschool"	6610
does not include any place that is the permanent residence of the	6611
person who is providing the early childhood instructional or	6612
educational services to the children described in this division.	6613

(3) "Preschool or child day-care center premises" means all	6614
of the following:	6615

(a) Any building in which any preschool or child day-care	6616
center activities are conducted if the building has signage that	6617
indicates that the building houses a preschool or child day-care	6618
center, is clearly visible and discernable without obstruction,	6619
and meets any local zoning ordinances which may apply;	6620

(b) The parcel of real property on which a preschool or child	6621
day-care center is situated if the parcel of real property has	6622
signage that indicates that a preschool or child day-care center	6623
is situated on the parcel, is clearly visible and discernable	6624
without obstruction, and meets any local zoning ordinances which	6625
may apply;	6626

(c) Any grounds, play areas, and other facilities of a	6627
preschool or child day-care center that are regularly used by the	6628
children served by the preschool or child day-care center if the	6629
grounds, play areas, or other facilities have signage that	6630
indicates that they are regularly used by children served by the	6631
preschool or child day-care center, is clearly visible and	6632
discernable without obstruction, and meets any local zoning	6633
ordinances which may apply.	6634

Sec. 2950.04. (A)(1)(a) Immediately after a sentencing	6635
hearing is held on or after January 1, 2008, for an offender who	6636
is convicted of or pleads guilty to a sexually oriented offense	6637
and is sentenced to a prison term, a term of imprisonment, or any	6638
other type of confinement and before the offender is transferred	6639
to the custody of the department of rehabilitation and correction	6640
or to the official in charge of the jail, workhouse, state	6641
correctional institution, or other institution where the offender	6642
will be confined, the offender shall register personally with the	6643
sheriff, or the sheriff's designee, of the county in which the	6644
offender was convicted of or pleaded guilty to the sexually	6645
oriented offense.	6646

(b) Immediately after a dispositional hearing is held on or	6647
after January 1, 2008, for a child who is adjudicated a delinquent	6648
child for committing a sexually oriented offense, is classified a	6649
juvenile offender registrant based on that adjudication, and is	6650
committed to the custody of the department of youth services or to	6651
a secure facility that is not operated by the department and	6652
before the child is transferred to the custody of the department	6653
of youth services or the secure facility to which the delinquent	6654
child is committed, the delinquent child shall register personally	6655
with the sheriff, or the sheriff's designee, of the county in	6656
which the delinquent child was classified a juvenile offender	6657
registrant based on that sexually oriented offense.	6658

(c) A law enforcement officer shall be present at the	6659
sentencing hearing or dispositional hearing described in division	6660
(A)(1)(a) or (b) of this section to immediately transport the	6661
offender or delinquent child who is the subject of the hearing to	6662
the sheriff, or the sheriff's designee, of the county in which the	6663
offender or delinquent child is convicted, pleads guilty, or is	6664
adjudicated a delinquent child.	6665

(d) After an offender who has registered pursuant to division	6666
(A)(1)(a) of this section is released from a prison term, a term	6667
of imprisonment, or any other type of confinement, the offender	6668
shall register as provided in division (A)(2) of this section.	6669
After a delinquent child who has registered pursuant to division	6670
(A)(1)(b) of this section is released from the custody of the	6671
department of youth services or from a secure facility that is not	6672
operated by the department, the delinquent child shall register as	6673
provided in division (A)(3) of this section.	6674

(2) ~~Regardless of when the sexually oriented offense was~~	6675
~~committed, each~~Each offender who is convicted of, pleads guilty	6676
to, has been convicted of, or has pleaded guilty to a sexually	6677
oriented offense shall comply with the following registration	6678
requirements described in divisions (A)(2)(a), (b), (c), (d), and	6679
(e) of this section:	6680

(a) ~~The~~(i) If the offender committed the sexually oriented	6681
offense prior to January 1, 2008, the offender shall register	6682
personally with the sheriff, or the sheriff's designee, of the	6683
county within five days of the offender's coming into a county in	6684
which the offender resides or temporarily is domiciled for more	6685
than five days.	6686

(ii) If the offender committed the sexually oriented offense	6687
on or after January 1, 2008, the offender shall register	6688
personally with the sheriff, or the sheriff's designee, of the	6689
county within three days of the offender's coming into a county in	6690
which the offender resides or temporarily is domiciled for more	6691
than three days.	6692

(b) The offender shall register personally with the sheriff,	6693
or the sheriff's designee, of the county immediately upon coming	6694
into a county in which the offender attends a school or	6695
institution of higher education on a full-time or part-time basis	6696
regardless of whether the offender resides or has a temporary	6697
domicile in this state or another state.	6698

(c) ~~The~~(i) If the offender committed the sexually oriented	6699
offense prior to January 1, 2008, the offender shall register	6700
personally with the sheriff, or the sheriff's designee, of the	6701
county in which the offender is employed if the offender resides	6702
or has a temporary domicile in this state and has been employed in	6703
that county for more than fourteen days or for an aggregate period	6704
of thirty or more days in that calendar year.	6705

(ii) If the offender committed the sexually oriented offense	6706
on or after January 1, 2008, the offender shall register	6707
personally with the sheriff, or the sheriff's designee, of the	6708
county in which the offender is employed if the offender resides	6709
or has a temporary domicile in this state and has been employed in	6710
that county for more than three days or for an aggregate period of	6711
fourteen or more days in that calendar year.	6712

(d) ~~The~~(i) If the offender committed the sexually oriented	6713
offense prior to January 1, 2008, the offender shall register	6714
personally with the sheriff, or the sheriff's designee, of the	6715
county in which the offender then is employed if the offender does	6716
not reside or have a temporary domicile in this state and has been	6717
employed at any location or locations in this state for more than	6718
fourteen days or for an aggregate period of thirty or more days in	6719
that calendar year.	6720

(ii) If the offender committed the sexually oriented offense	6721
on or after January 1, 2008, the offender shall register	6722
personally with the sheriff, or the sheriff's designee, of the	6723
county in which the offender then is employed if the offender does	6724
not reside or have a temporary domicile in this state and has been	6725
employed at any location or locations in this state more than	6726
three days or for an aggregate period of fourteen or more days in	6727
that calendar year.	6728

(e) ~~The~~(i) If the offender committed the sexually oriented	6729
offense prior to January 1, 2008, the offender shall register	6730
personally with the sheriff, or the sheriff's designee, or other	6731
appropriate person of the other state immediately upon entering	6732
into any state other than this state in which the offender attends	6733
a school or institution of higher education on a full-time or	6734
part-time basis or upon being employed in any state other than	6735
this state for more than fourteen days or for an aggregate period	6736
of thirty or more days in that calendar year regardless of whether	6737
the offender resides or has a temporary domicile in this state,	6738
the other state, or a different state.	6739

(ii) If the offender committed the sexually oriented offense	6740
on or after January 1, 2008, the offender shall register	6741
personally with the sheriff, or the sheriff's designee, or other	6742
appropriate person of the other state immediately upon entering	6743
into any state other than this state in which the offender attends	6744
a school or institution of higher education on a full-time or	6745
part-time basis or upon being employed in any state other than	6746
this state for more than three days or for an aggregate period of	6747
fourteen or more days in that calendar year regardless of whether	6748
the offender resides or has a temporary domicile in this state,	6749
the other state, or a different state.	6750

(3)~~(a)~~ Each child who is adjudicated a delinquent child for	6751
committing a sexually oriented offense and who is classified a	6752
juvenile offender registrant based on that adjudication shall	6753
comply with the following registration requirements described in	6754
division (A)(3)(a) of this section:	6755

(a)(i) If the delinquent child committed the sexually	6756
oriented offense prior to January 1, 2008, the delinquent child	6757
shall register personally with the sheriff, or the sheriff's	6758
designee, of the county within five days of the delinquent child's	6759
coming into a county in which the delinquent child resides or	6760
temporarily is domiciled for more than five days.	6761

(ii) If the delinquent child committed the sexually oriented	6762
offense on or after January 1, 2008, the delinquent child shall	6763
register personally with the sheriff, or the sheriff's designee,	6764
of the county within three days of the delinquent child's coming	6765
into a county in which the delinquent child resides or temporarily	6766
is domiciled for more than three days.	6767

(b) ~~In addition to the registration duty imposed under~~	6768
~~division (A)(3)(a) of this section, each public registry-qualified~~	6769
~~juvenile offender registrant shall comply with the following~~	6770
~~additional registration requirements:~~	6771

~~(i) The public registry-qualified juvenile offender~~	6772
~~registrant shall register personally with the sheriff, or the~~	6773
~~sheriff's designee, of the county immediately upon coming into a~~	6774
~~county in which the registrant attends a school or institution of~~	6775
~~higher education on a full-time or part-time basis regardless of~~	6776
~~whether the registrant resides or has a temporary domicile in this~~	6777
~~state or another state.~~	6778

~~(ii) The public registry-qualified juvenile offender~~	6779
~~registrant shall register personally with the sheriff, or the~~	6780
~~sheriff's designee, of the county in which the registrant is~~	6781
~~employed if the registrant resides or has a temporary domicile in~~	6782
~~this state and has been employed in that county for more than~~	6783
~~three days or for an aggregate period of fourteen or more days in~~	6784
~~that calendar year.~~	6785

~~(iii) The public registry-qualified juvenile offender~~	6786
~~registrant shall register personally with the sheriff, or the~~	6787
~~sheriff's designee, of the county in which the registrant then is~~	6788
~~employed if the registrant does not reside or have a temporary~~	6789
~~domicile in this state and has been employed at any location or~~	6790
~~locations in this state more than three days or for an aggregate~~	6791
~~period of fourteen or more days in that calendar year.~~	6792

~~(iv) The public registry-qualified juvenile offender~~	6793
~~registrant shall register with the sheriff, or the sheriff's~~	6794
~~designee, or other appropriate person of the other state~~	6795
~~immediately upon entering into any state other than this state in~~	6796
~~which the registrant attends a school or institution of higher~~	6797
~~education on a full-time or part-time basis or upon being employed~~	6798
~~in any state other than this state for more than three days or for~~	6799
~~an aggregate period of fourteen or more days in that calendar year~~	6800
~~regardless of whether the registrant resides or has a temporary~~	6801
~~domicile in this state, the other state, or a different state.~~	6802

~~(c)~~ If the delinquent child is committed for the sexually	6803
oriented offense to the department of youth services or to a	6804
secure facility that is not operated by the department, this duty	6805
begins when the delinquent child is discharged or released in any	6806
manner from custody in a department of youth services secure	6807
facility or from the secure facility that is not operated by the	6808
department if pursuant to the discharge or release the delinquent	6809
child is not committed to any other secure facility of the	6810
department or any other secure facility.	6811

(4) ~~Regardless of when the sexually oriented offense was~~	6812
~~committed, each~~Each person who is convicted, pleads guilty, or is	6813
adjudicated a delinquent child in a court in another state, in a	6814
federal court, military court, or Indian tribal court, or in a	6815
court in any nation other than the United States for committing a	6816
sexually oriented offense shall comply with the following	6817
registration requirements if, at the time the offender or	6818
delinquent child moves to and resides in this state or temporarily	6819
is domiciled in this state for more than ~~three days~~the specified	6820
period of time, the offender ~~or public registry-qualified~~	6821
~~juvenile offender registrant~~ enters this state to attend a school	6822
or institution of higher education, or the offender ~~or public~~	6823
~~registry-qualified juvenile offender registrant~~ is employed in	6824
this state for more than the specified period of time, the	6825
offender or delinquent child has a duty to register as a sex	6826
offender or child-victim offender under the law of that other	6827
jurisdiction as a result of the conviction, guilty plea, or	6828
adjudication:	6829

(a)(i) Each offender or delinquent child who committed the	6830
sexually oriented offense prior to January 1, 2008, shall register	6831
personally with the sheriff, or the sheriff's designee, of the	6832
county within five days of the offender's or delinquent child's	6833
coming into the county in which the offender or delinquent child	6834
resides or temporarily is domiciled for more than five days.	6835

(ii) Each offender ~~and~~or delinquent child who committed the	6836
sexually oriented offense on or after January 1, 2008, shall	6837
register personally with the sheriff, or the sheriff's designee,	6838
of the county within three days of the offender's or delinquent	6839
child's coming into the county in which the offender or delinquent	6840
child resides or temporarily is domiciled for more than three	6841
days.	6842

(b) Each offender ~~or public registry-qualified juvenile~~	6843
~~offender registrant~~ shall register personally with the sheriff, or	6844
the sheriff's designee, of the county immediately upon coming into	6845
a county in which the offender ~~or public registry-qualified~~	6846
~~juvenile offender registrant~~ attends a school or institution of	6847
higher education on a full-time or part-time basis regardless of	6848
whether the offender ~~or public registry-qualified juvenile~~	6849
~~offender registrant~~ resides or has a temporary domicile in this	6850
state or another state.	6851

(c)(i) Each offender who committed the sexually oriented	6852
offense prior to January 1, 2008, shall register personally with	6853
the sheriff, or the sheriff's designee, of the county in which the	6854
offender is employed if the offender resides or has a temporary	6855
domicile in this state and has been employed in that county for	6856
more than five days or for an aggregate period of thirty days or	6857
more in that calendar year.	6858

(ii) Each offender ~~or public registry-qualified juvenile~~	6859
~~offender registrant~~who committed the sexually oriented offense on	6860
or after January 1, 2008, shall register personally with the	6861
sheriff, or the sheriff's designee, of the county in which the	6862
offender ~~or public registry-qualified juvenile offender registrant~~	6863
is employed if the offender or public registry-qualified juvenile	6864
offender registrant resides or has a temporary domicile in this	6865
state and has been employed in that county for more than three	6866
days or for an aggregate period of fourteen days or more in that	6867
calendar year.	6868

(d)(i) Each offender who committed the sexually oriented	6869
offense prior to January 1, 2008, shall register personally with	6870
the sheriff, or the sheriff's designee, of the county in which the	6871
offender then is employed if the offender does not reside or have	6872
a temporary domicile in this state and has been employed at any	6873
location or locations in this state for more than five days or for	6874
an aggregate period of thirty or more days in that calendar year.	6875

(ii) Each offender ~~or public registry-qualified juvenile~~	6876
~~offender registrant~~who committed the sexually oriented offense on	6877
or after January 1, 2008, shall register personally with the	6878
sheriff, or the sheriff's designee, of the county in which the	6879
offender ~~or public registry-qualified juvenile offender registrant~~	6880
then is employed if the offender ~~or public registry-qualified~~	6881
~~juvenile offender registrant~~ does not reside or have a temporary	6882
domicile in this state and has been employed at any location or	6883
locations in this state for more than three days or for an	6884
aggregate period of fourteen or more days in that calendar year.	6885

(5) An offender ~~or a delinquent child who is a public~~	6886
~~registry-qualified juvenile offender registrant~~ is not required to	6887
register under division (A)(2), (3), or (4) of this section if a	6888
court issues an order terminating the offender's or delinquent	6889
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	6890
and 2950.06 of the Revised Code pursuant to section 2950.15 of the	6891
Revised Code. A delinquent child who is a juvenile offender	6892
registrant ~~but is not a public registry-qualified juvenile~~	6893
~~offender registrant~~ is not required to register under any of those	6894
divisions if a juvenile court issues an order declassifying the	6895
delinquent child as a juvenile offender registrant pursuant to	6896
section 2152.84 or 2152.85 of the Revised Code.	6897

(B) An offender or delinquent child who is required by	6898
division (A) of this section to register in this state personally	6899
shall obtain from the sheriff or from a designee of the sheriff a	6900
registration form that conforms to division (C) of this section,	6901
shall complete and sign the form, and shall return the completed	6902
form together with the offender's or delinquent child's	6903
photograph, copies of travel and immigration documents, and any	6904
other required material to the sheriff or the designee. The	6905
sheriff or designee shall sign the form and indicate on the form	6906
the date on which it is so returned. The registration required	6907
under this division is complete when the offender or delinquent	6908
child returns the form, containing the requisite information,	6909
photograph, other required material, signatures, and date, to the	6910
sheriff or designee.	6911

(C) The registration form to be used under divisions (A) and	6912
(B) of this section shall include or contain all of the following	6913
for the offender or delinquent child who is registering:	6914

(1) The offender's or delinquent child's name and any aliases	6915
used by the offender or delinquent child;	6916

(2) The offender's or delinquent child's social security	6917
number and date of birth, including any alternate social security	6918
numbers or dates of birth that the offender or delinquent child	6919
has used or uses;	6920

(3) ~~Regarding an~~If the offender or delinquent child ~~who~~ is	6921
registering under a duty imposed under division (A)(1) of this	6922
section, a statement that the offender is serving a prison term,	6923
term of imprisonment, or any other type of confinement or a	6924
statement that the delinquent child is in the custody of the	6925
department of youth services or is confined in a secure facility	6926
that is not operated by the department;	6927

(4) ~~Regarding an~~If the offender or delinquent child ~~who~~ is	6928
registering under a duty imposed under division (A)(2), (3), or	6929
(4) of this section as a result of the offender or delinquent	6930
child residing in this state or temporarily being domiciled in	6931
this state for more than ~~three~~the applicable period of days	6932
specified in the division under which the duty is imposed, the	6933
current residence address of the offender or delinquent child who	6934
is registering, the name and address of the offender's or	6935
delinquent child's employer if the offender or delinquent child is	6936
employed at the time of registration or if the offender or	6937
delinquent child knows at the time of registration that the	6938
offender or delinquent child will be commencing employment with	6939
that employer subsequent to registration, any other employment	6940
information, such as the general area where the offender or	6941
delinquent child is employed, if the offender or delinquent child	6942
is employed in many locations, and the name and address of the	6943
offender's ~~or public registry-qualified juvenile offender~~	6944
~~registrant's~~ school or institution of higher education if the	6945
offender ~~or public registry-qualified juvenile offender registrant~~	6946
attends one at the time of registration or if the offender or	6947
~~public registry-qualified juvenile offender registrant~~ knows at	6948
the time of registration that the offender ~~or public~~	6949
~~registry-qualified juvenile offender registrant~~ will be commencing	6950
attendance at that school or institution subsequent to	6951
registration;	6952

(5) ~~Regarding an~~If the offender ~~or public registry-qualified~~	6953
~~juvenile offender registrant who~~ is registering under a duty	6954
imposed under division (A)(2), (3), or (4) of this section as a	6955
result of the offender ~~or public registry-qualified juvenile~~	6956
~~offender registrant~~ attending a school or institution of higher	6957
education in this state on a full-time or part-time basis or being	6958
employed in this state or in a particular county in this state,	6959
whichever is applicable, for more than ~~three days or for an~~	6960
~~aggregate of fourteen or more~~the applicable period of days ~~in any~~	6961
~~calendar year~~specified in the division under which the duty is	6962
imposed, the name and current address of the school, institution	6963
of higher education, or place of employment of the offender or	6964
~~public registry-qualified juvenile offender registrant~~ who is	6965
registering, including any other employment information, such as	6966
the general area where the offender ~~or public registry-qualified~~	6967
~~juvenile offender registrant~~ is employed, if the offender or	6968
~~public registry-qualified juvenile offender registrant~~ is employed	6969
in many locations;	6970

(6) The identification license plate number of each vehicle	6971
the offender or delinquent child owns, of each vehicle registered	6972
in the offender's or delinquent child's name, of each vehicle the	6973
offender or delinquent child operates as a part of employment, and	6974
of each other vehicle that is regularly available to be operated	6975
by the offender or delinquent child; a description of where each	6976
vehicle is habitually parked, stored, docked, or otherwise kept;	6977
and, if required by the bureau of criminal identification and	6978
investigation, a photograph of each of those vehicles;	6979

(7) If the offender or delinquent child has a driver's or	6980
commercial driver's license or permit issued by this state or any	6981
other state or a state identification card issued under section	6982
4507.50 or 4507.51 of the Revised Code or a comparable	6983
identification card issued by another state, the driver's license	6984
number, commercial driver's license number, or state	6985
identification card number;	6986

(8) If the offender or delinquent child was convicted of,	6987
pleaded guilty to, or was adjudicated a delinquent child for	6988
committing the sexually oriented offense resulting in the	6989
registration duty in a court in another state, in a federal court,	6990
military court, or Indian tribal court, or in a court in any	6991
nation other than the United States, a DNA specimen, as defined in	6992
section 109.573 of the Revised Code, from the offender or	6993
delinquent child, a citation for, and the name of, the sexually	6994
oriented offense resulting in the registration duty, and a	6995
certified copy of a document that describes the text of that	6996
sexually oriented offense;	6997

(9) A description of each professional and occupational	6998
license, permit, or registration, including those licenses,	6999
permits, and registrations issued under Title XLVII of the Revised	7000
Code, held by the offender or delinquent child;	7001

(10) Any email addresses, internet identifiers, or telephone	7002
numbers registered to or used by the offender or delinquent child;	7003

(11) If applicable, a specific declaration that the offender	7004
or delinquent child has been adjudicated a sexual predator or has	7005
been determined to be a habitual sex offender or the offender has	7006
been convicted of or pleaded guilty to an aggravated sexually	7007
oriented offense;	7008

(12) Any other information required by the bureau of criminal	7009
identification and investigation.	7010

(D) After an offender or delinquent child registers with a	7011
sheriff, or the sheriff's designee, pursuant to this section, the	7012
sheriff, or the sheriff's designee, shall forward the signed,	7013
written registration form, photograph, and other material to the	7014
bureau of criminal identification and investigation in accordance	7015
with the forwarding procedures adopted pursuant to section 2950.13	7016
of the Revised Code. If an offender registers a school,	7017
institution of higher education, or place of employment address,	7018
or provides a school or institution of higher education address	7019
under division (C)(4) of this section, the sheriff also shall	7020
provide notice to the law enforcement agency with jurisdiction	7021
over the premises of the school, institution of higher education,	7022
or place of employment of the offender's name and that the	7023
offender has registered that address as a place at which the	7024
offender attends school or an institution of higher education or	7025
at which the offender is employed. The bureau shall include the	7026
information and materials forwarded to it under this division in	7027
the state registry of sex offenders and child-victim offenders	7028
established and maintained under section 2950.13 of the Revised	7029
Code.	7030

(E) No person who is required to register pursuant to	7031
divisions (A) and (B) of this section, and no person who is	7032
required to send a notice of intent to reside pursuant to division	7033
(G) of this section, shall fail to register or send the notice of	7034
intent as required in accordance with those divisions or that	7035
division.	7036

(F) An offender or delinquent child who is required to	7037
register pursuant to divisions (A) and (B) of this section shall	7038
register pursuant to this section for the period of time specified	7039
in section 2950.07 of the Revised Code, with the duty commencing	7040
on the date specified in division (A) of that section.	7041

(G) If an offender or delinquent child who is required by	7042
division (A) of this section to register is a tier III sex	7043
offender/child-victim offender, if an offender or delinquent child	7044
who is required by that division to register is a sexual predator	7045
or a habitual sex offender subject to community notification under	7046
the version of division (C)(2) or (E) of section 2950.09 of the	7047
Revised Code that existed immediately prior to July 1, 2007, or	7048
the version of that section as it exists on and after the	7049
effective date of this amendment, or if an offender who is	7050
required to register by that division has that duty as a result of	7051
a conviction of or plea of guilty to an aggravated sexually	7052
oriented offense, the offender or delinquent child also shall send	7053
the sheriff, or the sheriff's designee, of the county in which the	7054
offender or delinquent child intends to reside written notice of	7055
the offender's or delinquent child's intent to reside in the	7056
county. The offender or delinquent child shall send the notice of	7057
intent to reside at least twenty days prior to the date the	7058
offender or delinquent child begins to reside in the county. The	7059
notice of intent to reside shall contain the following	7060
information:	7061

(1) The offender's or delinquent child's name;

7062

(2) The address or addresses at which the offender or	7063
delinquent child intends to reside;	7064

(3) The sexually oriented offense of which the offender was	7065
convicted, to which the offender pleaded guilty, or for which the	7066
child was adjudicated a delinquent child;	7067

(4) If applicable, a statement that the offender has been	7068
adjudicated a sexual predator, a statement that the delinquent	7069
child has been adjudicated a sexual predator and that, as of the	7070
date of the notice, the court has not entered a determination that	7071
the delinquent child no longer is a sexual predator, a statement	7072
that the sentencing or reviewing judge has determined that the	7073
offender or delinquent child is a habitual sex offender and that,	7074
as of the date of the notice, the determination has not been	7075
removed, or a statement that the offender was convicted of or	7076
pleaded guilty to an aggravated sexually oriented offense.	7077

(H) If, immediately prior to January 1, 2008, an offender or	7078
delinquent child who was convicted of, pleaded guilty to, or was	7079
adjudicated a delinquent child for committing a sexually oriented	7080
offense or a child-victim oriented offense as those terms were	7081
defined in section 2950.01 of the Revised Code prior to January 1,	7082
2008, was required by division (A) of this section or section	7083
2950.041 of the Revised Code to register and if, on or after	7084
January 1, 2008, that offense is a sexually oriented offense as	7085
that term is defined in section 2950.01 of the Revised Code on and	7086
after January 1, 2008, the duty to register that is imposed	7087
pursuant to this section on and after January 1, 2008, shall be	7088
considered, for purposes of section 2950.07 of the Revised Code	7089
and for all other purposes, to be a continuation of the duty	7090
imposed upon the offender or delinquent child prior to January 1,	7091
2008, under this section or section 2950.041 of the Revised Code.	7092

Sec. 2950.041. (A)(1)(a) Immediately after a sentencing	7093
hearing is held on or after January 1, 2008, for an offender who	7094
is convicted of or pleads guilty to a child-victim oriented	7095
offense and is sentenced to a prison term, a term of imprisonment,	7096
or any other type of confinement and before the offender is	7097
transferred to the custody of the department of rehabilitation and	7098
correction or to the official in charge of the jail, workhouse,	7099
state correctional institution, or other institution where the	7100
offender will be confined, the offender shall register personally	7101
with the sheriff, or the sheriff's designee, of the county in	7102
which the offender was convicted of or pleaded guilty to the	7103
child-victim offense.	7104

(b) Immediately after a dispositional hearing is held on or	7105
after January 1, 2008, for a child who is adjudicated a delinquent	7106
child for committing a child-victim oriented offense, is	7107
classified a juvenile offender registrant based on that	7108
adjudication, and is committed to the custody of the department of	7109
youth services or to a secure facility that is not operated by the	7110
department and before the child is transferred to the custody of	7111
the department of youth services or the secure facility to which	7112
the delinquent child is committed, the delinquent child shall	7113
register personally with the sheriff, or the sheriff's designee,	7114
of the county in which the delinquent child was classified a	7115
juvenile offender registrant based on that child-victim oriented	7116
offense.	7117

(c) A law enforcement officer shall be present at the	7118
sentencing hearing or dispositional hearing described in division	7119
(A)(1)(a) or (b) of this section to immediately transport the	7120
offender or delinquent child who is the subject of the hearing to	7121
the sheriff, or the sheriff's designee, of the county in which the	7122
offender or delinquent child is convicted, pleads guilty, or is	7123
adjudicated a delinquent child.	7124

(d) After an offender who has registered pursuant to division	7125
(A)(1)(a) of this section is released from a prison term, a term	7126
of imprisonment, or any other type of confinement, the offender	7127
shall register as provided in division (A)(2) of this section.	7128
After a delinquent child who has registered pursuant to division	7129
(A)(1)(b) of this section is released from the custody of the	7130
department of youth services or from a secure facility that is not	7131
operated by the department, the delinquent child shall register as	7132
provided in division (A)(3) of this section.	7133

(2) ~~Regardless of when the child-victim oriented offense was~~	7134
~~committed, each~~Each offender who is convicted of, pleads guilty	7135
to, has been convicted of, or has pleaded guilty to a child-victim	7136
oriented offense shall comply with all of the following	7137
registration requirements:	7138

(a) ~~The~~(i) If the offender committed the child-victim	7139
oriented offense prior to January 1, 2008, the offender shall	7140
register personally with the sheriff, or the sheriff's designee,	7141
of the county within five days of the offender's coming into a	7142
county in which the offender resides or temporarily is domiciled	7143
for more than five days.	7144

(ii) If the offender committed the child-victim oriented	7145
offense on or after January 1, 2008, the offender shall register	7146
personally with the sheriff, or the sheriff's designee, of the	7147
county within three days of the offender's coming into a county in	7148
which the offender resides or temporarily is domiciled for more	7149
than three days.	7150

(b) The offender shall register personally with the sheriff,	7151
or the sheriff's designee, of the county immediately upon coming	7152
into a county in which the offender attends a school or	7153
institution of higher education on a full-time or part-time basis	7154
regardless of whether the offender resides or has a temporary	7155
domicile in this state or another state.	7156

(c) ~~The~~(i) If the offender committed the child-victim	7157
oriented offense prior to January 1, 2008, the offender shall	7158
register personally with the sheriff, or the sheriff's designee,	7159
of the county in which the offender is employed if the offender	7160
resides or has a temporary domicile in this state and has been	7161
employed in that county for more than fourteen days or for an	7162
aggregate period of thirty or more days in that calendar year.	7163

(ii) If the offender committed the child-victim oriented	7164
offense on or after January 1, 2008, the offender shall register	7165
personally with the sheriff, or the sheriff's designee, of the	7166
county in which the offender is employed if the offender resides	7167
or has a temporary domicile in this state and has been employed in	7168
that county for more than three days or for an aggregate period of	7169
fourteen or more days in that calendar year.	7170

(d) ~~The~~(i) If the offender committed the child-victim	7171
oriented offense prior to January 1, 2008, the offender shall	7172
register personally with the sheriff, or the sheriff's designee,	7173
of the county in which the offender then is employed if the	7174
offender does not reside or have a temporary domicile in this	7175
state and has been employed at any location or locations in this	7176
state for more than fourteen days or for an aggregate period of	7177
thirty or more days in that calendar year.	7178

(ii) If the offender committed the child-victim oriented	7179
offense on or after January 1, 2008, the offender shall register	7180
personally with the sheriff, or the sheriff's designee, of the	7181
county in which the offender then is employed if the offender does	7182
not reside or have a temporary domicile in this state and has been	7183
employed at any location or locations in this state for more than	7184
three days or for an aggregate period of fourteen or more days in	7185
that calendar year.	7186

(e) ~~The~~(i) If the offender committed the child-victim	7187
oriented offense prior to January 1, 2008, the offender shall	7188
register personally with the sheriff, or the sheriff's designee,	7189
or other appropriate person of the other state immediately upon	7190
entering into any state other than this state in which the	7191
offender attends a school or institution of higher education on a	7192
full-time or part-time basis or upon being employed in any state	7193
other than this state for more than fourteen days or for an	7194
aggregate period of thirty or more days in that calendar year	7195
regardless of whether the offender resides or has a temporary	7196
domicile in this state, the other state, or a different state.	7197

(ii) If the offender committed the sexually oriented offense	7198
on or after January 1, 2008, the offender shall register	7199
personally with the sheriff, or the sheriff's designee, or other	7200
appropriate person of the other state immediately upon entering	7201
into any state other than this state in which the offender attends	7202
a school or institution of higher education on a full-time or	7203
part-time basis or upon being employed in any state other than	7204
this state for more than three days or for an aggregate period of	7205
fourteen or more days in that calendar year regardless of whether	7206
the offender resides or has a temporary domicile in this state,	7207
the other state, or a different state.	7208

(3) ~~Regardless of when the child-victim oriented offense was~~	7209
~~committed, each~~Each child who on or after July 31, 2003, is	7210
adjudicated a delinquent child for committing a child-victim	7211
oriented offense and who is classified a juvenile offender	7212
registrant based on that adjudication shall comply with the	7213
following registration requirements described in division	7214
(A)(3)(a), (b), and (c) of this section:	7215

(a) If the delinquent child committed the child-victim	7216
oriented offense prior to January 1, 2008, the delinquent child	7217
shall register personally with the sheriff, or the sheriff's	7218
designee, of the county within five days of the delinquent child's	7219
coming into a county in which the delinquent child resides or	7220
temporarily is domiciled for more than five days.	7221

(b) If the delinquent child committed the child-victim	7222
oriented offense on or after January 1, 2008, the delinquent child	7223
shall register personally with the sheriff, or the sheriff's	7224
designee, of the county within three days of the delinquent	7225
child's coming into a county in which the delinquent child resides	7226
or temporarily is domiciled for more than three days. If	7227

(c) If the delinquent child is committed for the child-victim	7228
oriented offense to the department of youth services or to a	7229
secure facility that is not operated by the department, ~~this~~the	7230
duty under division (A)(3)(a) or (b) of this section begins when	7231
the delinquent child is discharged or released in any manner from	7232
custody in a department of youth services secure facility or from	7233
the secure facility that is not operated by the department if	7234
pursuant to the discharge or release the delinquent child is not	7235
committed to any other secure facility of the department or any	7236
other secure facility.	7237

(4) ~~Regardless of when the child-victim oriented offense was~~	7238
~~committed, each~~Each person who is convicted, pleads guilty, or is	7239
adjudicated a delinquent child in a court in another state, in a	7240
federal court, military court, or Indian tribal court, or in a	7241
court in any nation other than the United States for committing a	7242
child-victim oriented offense shall comply with all of the	7243
following registration requirements if, at the time the offender	7244
or delinquent child moves to and resides in this state or	7245
temporarily is domiciled in this state for more than ~~three days~~	7246
the specified period of time, the offender enters this state to	7247
attend the school or institution of higher education, or the	7248
offender is employed in this state for more than the specified	7249
period of time, the offender or delinquent child has a duty to	7250
register as a child-victim offender or sex offender under the law	7251
of that other jurisdiction as a result of the conviction, guilty	7252
plea, or adjudication:	7253

(a)(i) Each offender or delinquent child who committed the	7254
child-victim oriented offense prior to January 1, 2008, shall	7255
register personally with the sheriff, or the sheriff's designee,	7256
of the county within five days of the offender's or delinquent	7257
child's coming into the county in which the offender or delinquent	7258
child resides or temporarily is domiciled for more than five days.	7259

(ii) Each offender ~~and~~or delinquent child who committed the	7260
child-victim oriented offense on or after January 1, 2008, shall	7261
register personally with the sheriff, or the sheriff's designee,	7262
of the county within three days of the offender's or delinquent	7263
child's coming into the county in which the offender or delinquent	7264
child resides or temporarily is domiciled for more than three	7265
days.	7266

(b) Each offender shall register personally with the sheriff,	7267
or the sheriff's designee, of the county immediately upon coming	7268
into a county in which the offender attends a school or	7269
institution of higher education on a full-time or part-time basis	7270
regardless of whether the offender resides or has a temporary	7271
domicile in this state or another state.	7272

(c)(i) Each offender who committed the child-victim oriented	7273
offense prior to January 1, 2008, shall register personally with	7274
the sheriff, or the sheriff's designee, of the county in which the	7275
offender is employed if the offender resides or has a temporary	7276
domicile in this state and has been employed in that county for	7277
more than five days or for an aggregate period of thirty days or	7278
more in that calendar year.	7279

(ii) Each offender who committed the child-victim oriented	7280
offense on or after January 1, 2008, shall register personally	7281
with the sheriff, or the sheriff's designee, of the county in	7282
which the offender is employed if the offender resides or has a	7283
temporary domicile in this state and has been employed in that	7284
county for more than three days or for an aggregate period of	7285
fourteen days or more in that calendar year.	7286

(d)(i) Each offender who committed the child-victim oriented	7287
offense prior to January 1, 2008, shall register personally with	7288
the sheriff, or the sheriff's designee, of the county in which the	7289
offender then is employed if the offender does not reside or have	7290
a temporary domicile in this state and has been employed at any	7291
location or locations in this state for more than five days or for	7292
an aggregate period of thirty or more days in that calendar year.	7293

(ii) Each offender who committed the child-victim oriented	7294
offense on or after January 1, 2008, shall register personally	7295
with the sheriff, or the sheriff's designee, of the county in	7296
which the offender then is employed if the offender does not	7297
reside or have a temporary domicile in this state and has not been	7298
employed at any location or locations in this state for more than	7299
three days or for an aggregate period of fourteen or more days in	7300
that calendar year.	7301

(5) An offender is not required to register under division	7302
(A)(2), (3), or (4) of this section if a court issues an order	7303
terminating the offender's duty to comply with sections 2950.04,	7304
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to	7305
section 2950.15 of the Revised Code. A delinquent child who is a	7306
juvenile offender registrant ~~but is not a public~~	7307
~~registry-qualified juvenile offender registrant~~ is not required to	7308
register under any of those divisions if a juvenile court issues	7309
an order declassifying the delinquent child as a juvenile offender	7310
registrant pursuant to section 2152.84 or 2152.85 of the Revised	7311
Code.	7312

(B) An offender or delinquent child who is required by	7313
division (A) of this section to register in this state personally	7314
shall do so in the manner described in division (B) of section	7315
2950.04 of the Revised Code, and the registration is complete as	7316
described in that division.	7317

(C) The registration form to be used under divisions (A) and	7318
(B) of this section shall include or contain all of the following	7319
for the offender or delinquent child who is registering:	7320

(1) The offender's or delinquent child's name, any aliases	7321
used by the offender or delinquent child, and a photograph of the	7322
offender or delinquent child;	7323

(2) The offender's or delinquent child's social security	7324
number and date of birth, including any alternate social security	7325
numbers or dates of birth that the offender or delinquent child	7326
has used or uses;	7327

(3) ~~Regarding~~If an offender or delinquent child ~~who~~ is	7328
registering under a duty imposed under division (A)(1) of this	7329
section, a statement that the offender is serving a prison term,	7330
term of imprisonment, or any other type of confinement or a	7331
statement that the delinquent child is in the custody of the	7332
department of youth services or is confined in a secure facility	7333
that is not operated by the department;	7334

(4) ~~Regarding~~If an offender or delinquent child ~~who~~ is	7335
registering under a duty imposed under division (A)(2), (3), or	7336
(4) of this section as a result of the offender or delinquent	7337
child residing in this state or temporarily being domiciled in	7338
this state for more than ~~three~~the applicable period of days	7339
specified in the division under which the duty is imposed, all of	7340
the information described in division (C)(4) of section 2950.04 of	7341
the Revised Code;	7342

(5) ~~Regarding~~If an offender ~~who~~ is registering under a duty	7343
imposed under division (A)(2) or (4) of this section as a result	7344
of the offender attending a school or institution of higher	7345
education on a full-time or part-time basis or being employed in	7346
this state or in a particular county in this state, whichever is	7347
applicable, for more than ~~three days or for an aggregate of~~	7348
~~fourteen or more~~the applicable period of days ~~in any calendar~~	7349
~~year~~specified in the division under which the duty is imposed,	7350
all of the information described in division (C)(5) of section	7351
2950.04 of the Revised Code;	7352

(6) The identification license plate number issued by this	7353
state or any other state of each vehicle the offender or	7354
delinquent child owns, of each vehicle registered in the	7355
offender's or delinquent child's name, of each vehicle the	7356
offender or delinquent child operates as a part of employment, and	7357
of each other vehicle that is regularly available to be operated	7358
by the offender or delinquent child; a description of where each	7359
vehicle is habitually parked, stored, docked, or otherwise kept;	7360
and, if required by the bureau of criminal identification and	7361
investigation, a photograph of each of those vehicles;	7362

(7) If the offender or delinquent child has a driver's or	7363
commercial driver's license or permit issued by this state or any	7364
other state or a state identification card issued under section	7365
4507.50 or 4507.51 of the Revised Code or a comparable	7366
identification card issued by another state, the driver's license	7367
number, commercial driver's license number, or state	7368
identification card number;	7369

(8) If the offender or delinquent child was convicted of,	7370
pleaded guilty to, or was adjudicated a delinquent child for	7371
committing the child-victim oriented offense resulting in the	7372
registration duty in a court in another state, in a federal court,	7373
military court, or Indian tribal court, or in a court in any	7374
nation other than the United States, a DNA specimen, as defined in	7375
section 109.573 of the Revised Code, from the offender or	7376
delinquent child, a citation for, and the name of, the	7377
child-victim oriented offense resulting in the registration duty,	7378
and a certified copy of a document that describes the text of that	7379
child-victim oriented offense;	7380

(9) Copies of travel and immigration documents;

7381

(10) A description of each professional and occupational	7382
license, permit, or registration, including those licenses,	7383
permits, and registrations issued under Title XLVII of the Revised	7384
Code, held by the offender or delinquent child;	7385

(11) Any email addresses, internet identifiers, or telephone	7386
numbers registered to or used by the offender or delinquent child;	7387

(12) If applicable, a specific declaration that the offender	7388
or delinquent child has been adjudicated a child-victim predator	7389
or has been determined to be a habitual child-victim offender;	7390

(13) Any other information required by the bureau of criminal	7391
identification and investigation.	7392

(D) Division (D) of section 2950.04 of the Revised Code	7393
applies when an offender or delinquent child registers with a	7394
sheriff pursuant to this section.	7395

(E) No person who is required to register pursuant to	7396
divisions (A) and (B) of this section, and no person who is	7397
required to send a notice of intent to reside pursuant to division	7398
(G) of this section, shall fail to register or send the notice as	7399
required in accordance with those divisions or that division.	7400

(F) An offender or delinquent child who is required to	7401
register pursuant to divisions (A) and (B) of this section shall	7402
register pursuant to this section for the period of time specified	7403
in section 2950.07 of the Revised Code, with the duty commencing	7404
on the date specified in division (A) of that section.	7405

(G) If an offender or delinquent child who is required by	7406
division (A) of this section to register is a tier III sex	7407
offender/child-victim offender or if an offender or delinquent	7408
child who is required by that division to register is a	7409
child-victim predator or a habitual child-victim offender subject	7410
to community notification under the version of division (C)(2) or	7411
(E) of section 2950.091 of the Revised Code that existed	7412
immediately prior to July 1, 2007, or the version of that section	7413
as it exists on and after the effective date of this amendment,	7414
the offender or delinquent child also shall send the sheriff, or	7415
the sheriff's designee, of the county in which the offender or	7416
delinquent child intends to reside written notice of the	7417
offender's or delinquent child's intent to reside in the county.	7418
The offender or delinquent child shall send the notice of intent	7419
to reside at least twenty days prior to the date the offender or	7420
delinquent child begins to reside in the county. The notice of	7421
intent to reside shall contain all of the following information:	7422

(1) The information specified in divisions (G)(1) and (2) of	7423
section 2950.04 of the Revised Code;	7424

(2) The child-victim oriented offense of which the offender	7425
was convicted, to which the offender pleaded guilty, or for which	7426
the child was adjudicated a delinquent child;	7427

(3) If applicable, a statement that the offender has been	7428
adjudicated a child-victim predator, a statement that the	7429
delinquent child has been adjudicated a child-victim predator and	7430
that, as of the date of the notice, the court has not entered a	7431
determination that the delinquent child no longer is a	7432
child-victim predator, or a statement that the sentencing or	7433
reviewing judge has determined that the offender or delinquent	7434
child is a habitual child-victim offender and that, as of the date	7435
of the notice, the determination has not been removed.	7436

(H) If, immediately prior to January 1, 2008, an offender or	7437
delinquent child who was convicted of, pleaded guilty to, or was	7438
adjudicated a delinquent child for committing a child-victim	7439
oriented offense or a sexually oriented offense as those terms	7440
were defined in section 2950.01 of the Revised Code prior to	7441
January 1, 2008, was required by division (A) of this section or	7442
section 2950.04 of the Revised Code to register and if, on or	7443
after January 1, 2008, that offense is a child-victim oriented	7444
offense as that term is defined in section 2950.01 of the Revised	7445
Code on and after January 1, 2008, the duty to register that is	7446
imposed pursuant to this section on and after January 1, 2008,	7447
shall be considered, for purposes of section 2950.07 of the	7448
Revised Code and for all other purposes, to be a continuation of	7449
the duty imposed upon the offender or delinquent child prior to	7450
January 1, 2008, under this section or section 2950.04 of the	7451
Revised Code.	7452

Sec. 2950.043. If an offender or delinquent child registers	7453
with a sheriff pursuant to section 2950.04 or 2950.041 of the	7454
Revised Code on or after December 1, 2007, if the offender or	7455
delinquent child previously has not registered under either	7456
section with that sheriff or any other sheriff, and if the	7457
offender or delinquent child was convicted of, pleaded guilty to,	7458
or was classified a juvenile offender registrant relative to the	7459
sexually oriented offense or child-victim oriented offense upon	7460
which the registration was based prior to December 1, 2007, as	7461
soon as practicable after the registration, the sheriff shall	7462
contact the attorney general, inform the attorney general of the	7463
registration, and forward to the attorney general in the manner	7464
specified in division (D) of section 2950.04 of the Revised Code	7465
all of the information and material specified in that division.	7466
Upon being informed of the registration and receiving the	7467
information and material, the attorney general shall comply with	7468
division (B) of section 2950.031 of the Revised Code, subject to	7469
division (F) of that section.	7470

Sec. 2950.05. (A) If an offender ~~or delinquent child~~ is	7471
required to register pursuant to division (A)(2), (3), or (4) of	7472
section 2950.04 or 2950.041 of the Revised Code, ~~the delinquent~~	7473
~~child if not a public registry-qualified juvenile offender~~	7474
~~registrant shall provide written notice of any change of residence~~	7475
~~address, and~~ the offender ~~and public registry-qualified juvenile~~	7476
~~offender registrant~~ shall provide written notice of any change of	7477
residence, school, institution of higher education, or place of	7478
employment address, to the sheriff specified in this division. If	7479
a delinquent child is required to register pursuant to any of	7480
those divisions, the delinquent child shall provide written notice	7481
of any change of residence address to the sheriff specified in	7482
this division. The offender or delinquent child shall provide all	7483
notices of a change of an address under this division to the	7484
sheriff with whom the offender or delinquent child most recently	7485
registered the address under division (A)(2), (3), or (4) of	7486
section 2950.04 or 2950.041 of the Revised Code or under division	7487
(B) of this section. A written notice of a change of school,	7488
institution of higher education, or place of employment address	7489
also shall include the name of the new school, institution of	7490
higher education, or place of employment. ~~The~~	7491

An offender or delinquent child ~~if not a public~~	7492
~~registry-qualified juvenile offender registrant~~ shall provide the	7493
written notice at least twenty days prior to changing the	7494
residence address~~, and the~~. An offender ~~and public~~	7495
~~registry-qualified juvenile offender registrant~~ shall provide the	7496
written notice at least twenty days prior to changing the ~~address~~	7497
~~of the residence,~~ school, or institution of higher education	7498
address, not later than five days after changing the place of	7499
employment address if the sexually oriented offense or	7500
child-victim oriented offense was committed prior to January 1,	7501
2008, and not later than three days after changing the ~~address of~~	7502
~~the~~ place of employment address if the offense was committed on or	7503
after January 1, 2008. They shall provide the written notices	7504
during the period they are required to register. If	7505

If a residence address change is not to a fixed address, the	7506
offender or delinquent child shall include in ~~that~~the written	7507
notice a detailed description of the place or places at which the	7508
offender or delinquent child intends to stay and, not later than	7509
the end of the first business day immediately following the day on	7510
which the person obtains a fixed residence address, shall provide	7511
that sheriff written notice of that fixed residence address. If a	7512
person whose residence address change is not to a fixed address	7513
describes in a written notice under this division the place or	7514
places at which the person intends to stay, for purposes of	7515
divisions (C) to (I) of this section, sections 2950.06 to 2950.13	7516
of the Revised Code, and sections 311.171 and 2919.24 of the	7517
Revised Code, the place or places so described in the notice shall	7518
be considered the person's residence address and registered	7519
residence address until the person provides the written notice of	7520
a fixed residence address as described in this division.	7521

(B) If an offender ~~or public registry-qualified juvenile~~	7522
~~offender registrant~~ is required to provide notice of a residence,	7523
school, institution of higher education, or place of employment	7524
address change under division (A) of this section, or a delinquent	7525
child ~~who is not a public registry-qualified juvenile offender~~	7526
~~registrant~~ is required to provide notice of a residence address	7527
change under that division, the offender or delinquent child~~, at~~	7528
~~least twenty days prior to changing the residence, school, or~~	7529
~~institution of higher education address and not later than three~~	7530
~~days after changing the place of employment address, as~~	7531
~~applicable,~~ also shall register the new address in the manner, and	7532
using the form, described in divisions (B) and (C) of section	7533
2950.04 or 2950.041 of the Revised Code, whichever is applicable,	7534
with the sheriff of the county in which the offender's or	7535
delinquent child's new address is located, subject to division (C)	7536
of this section. If	7537

The offender and delinquent child shall register the new	7538
residence address at least twenty days prior to changing the	7539
residence address. The offender shall register the new school or	7540
institution of higher education address at least twenty days prior	7541
to changing the school or institution of higher education address,	7542
and shall register the new place of employment address not later	7543
than five days after changing the place of employment address if	7544
the sexually oriented offense or child-victim oriented offense was	7545
committed prior to January 1, 2008, and not later than three days	7546
after changing the place of employment address if the offense was	7547
committed on or after January 1, 2008.	7548

If a residence address change is not to a fixed address, the	7549
offender or delinquent child shall include in the registration a	7550
detailed description of the place or places at which the offender	7551
or delinquent child intends to stay and, not later than the end of	7552
the first business day immediately following the day on which the	7553
person obtains a fixed residence address, shall register with that	7554
sheriff that fixed residence address. If a person whose residence	7555
address change is not to a fixed address describes in a	7556
registration under this division the place or places at which the	7557
person intends to stay, for purposes of divisions (C) to (I) of	7558
this section, sections 2950.06 to 2950.13 of the Revised Code, and	7559
sections 311.171 and 2919.24 of the Revised Code, the place or	7560
places so described in the registration shall be considered the	7561
person's residence address and registered residence address, until	7562
the person registers a fixed residence address as described in	7563
this division.	7564

(C) Divisions (A) and (B) of this section apply to a person	7565
who is required to register pursuant to division (A)(2), (3), or	7566
(4) of section 2950.04 or 2950.041 of the Revised Code regardless	7567
of whether the new residence, school, institution of higher	7568
education, or place of employment address is in this state or in	7569
another state. If the new address is in another state, the person	7570
shall register with the appropriate law enforcement officials in	7571
that state in the manner required under the law of that state and	7572
within the earlier of the period of time required under the law of	7573
that state or at least seven days prior to changing the address.	7574

(D) If an offender ~~or delinquent child who is a public~~	7575
~~registry-qualified juvenile offender registrant~~ is required to	7576
register pursuant to division (A)(2), (3), or (4) of section	7577
2950.04 or 2950.041 of the Revised Code, the offender ~~or public~~	7578
~~registry-qualified juvenile offender registrant~~ shall provide	7579
written notice~~, within three days of the change,~~ of any change in	7580
vehicle information, email addresses, internet identifiers, or	7581
telephone numbers registered to or used by the offender or	7582
~~registrant~~ to the sheriff with whom the offender ~~or registrant~~ has	7583
most recently registered under division (A)(2), (3), or (4) of	7584
section 2950.04 or 2950.041 of the Revised Code. The offender	7585
shall provide the notice within three days of the change if the	7586
sexually oriented offense or child-victim oriented offense was	7587
committed on or after January 1, 2008, and within five days of the	7588
change if the offense was committed prior to January 1, 2008.	7589

(E)(1) Upon receiving from an offender or delinquent child	7590
pursuant to division (A) of this section notice of a change of the	7591
offender's ~~or public registry-qualified juvenile offender~~	7592
~~registrant's~~ residence, school, institution of higher education,	7593
or place of employment address or the residence address of a	7594
delinquent child ~~who is not a public registry-qualified juvenile~~	7595
~~offender registrant~~, a sheriff promptly shall forward the new	7596
address to the bureau of criminal identification and investigation	7597
in accordance with the forwarding procedures adopted pursuant to	7598
section 2950.13 of the Revised Code if the new address is in	7599
another state or, if the new address is located in another county	7600
in this state, to the sheriff of that county. Upon receiving from	7601
an offender ~~or public registry-qualified juvenile offender~~	7602
~~registrant~~ notice of vehicle and identifier changes pursuant to	7603
division (D) of this section, a sheriff promptly shall forward the	7604
new information to the bureau of criminal identification and	7605
investigation in accordance with the forwarding procedures adopted	7606
pursuant to section 2950.13 of the Revised Code. The bureau shall	7607
include all information forwarded to it under this division in the	7608
state registry of sex offenders and child-victim offenders	7609
established and maintained under section 2950.13 of the Revised	7610
Code and shall forward notice of the offender's or delinquent	7611
child's new residence, school, institution of higher education, or	7612
place of employment address, as applicable, to the appropriate	7613
officials in the other state.	7614

(2) When an offender ~~or public registry-qualified juvenile~~	7615
~~offender registrant~~ registers a new residence, school, institution	7616
of higher education, or place of employment address or a	7617
delinquent child ~~who is not a public registry-qualified juvenile~~	7618
~~offender registrant~~ registers a new residence address pursuant to	7619
division (B) of this section, the sheriff with whom the offender	7620
or delinquent child registers and the bureau of criminal	7621
identification and investigation shall comply with division (D) of	7622
section 2950.04 or 2950.041 of the Revised Code, whichever is	7623
applicable.	7624

(F)(1) No person who is required to notify a sheriff of a	7625
change of address pursuant to division (A) of this section or a	7626
change in vehicle information or identifiers pursuant to division	7627
(D) of this section shall fail to notify the appropriate sheriff	7628
in accordance with that division.	7629

(2) No person who is required to register a new residence,	7630
school, institution of higher education, or place of employment	7631
address with a sheriff or with an official of another state	7632
pursuant to divisions (B) and (C) of this section shall fail to	7633
register with the appropriate sheriff or official of the other	7634
state in accordance with those divisions.	7635

(G)(1) It is an affirmative defense to a charge of a	7636
violation of division (F)(1) of this section that it was	7637
impossible for the person to provide the written notice to the	7638
sheriff as required under division (A) of this section because of	7639
a lack of knowledge, on the date specified for the provision of	7640
the written notice, of a residence, school, institution of higher	7641
education, or place of employment address change, and that the	7642
person provided notice of the residence, school, institution of	7643
higher education, or place of employment address change to the	7644
sheriff specified in division (A) of this section as soon as	7645
possible, but not later than the end of the first business day,	7646
after learning of the address change by doing either of the	7647
following:	7648

(a) The person provided notice of the address change to the	7649
sheriff specified in division (A) of this section by telephone	7650
immediately upon learning of the address change or, if the person	7651
did not have reasonable access to a telephone at that time, as	7652
soon as possible, but not later than the end of the first business	7653
day, after learning of the address change and having reasonable	7654
access to a telephone, and the person, as soon as possible, but	7655
not later than the end of the first business day, after providing	7656
notice of the address change to the sheriff by telephone, provided	7657
written notice of the address change to that sheriff.	7658

(b) The person, as soon as possible, but not later than the	7659
end of the first business day, after learning of the address	7660
change, provided written notice of the address change to the	7661
sheriff specified in division (A) of this section.	7662

(2) It is an affirmative defense to a charge of a violation	7663
of division (F)(2) of this section that it was impossible for the	7664
person to register the new address with the sheriff or the	7665
official of the other state as required under division (B) or (C)	7666
of this section because of a lack of knowledge, on the date	7667
specified for the registration of the new address, of a residence,	7668
school, institution of higher education, or place of employment	7669
address change, and that the person registered the new residence,	7670
school, institution of higher education, or place of employment	7671
address with the sheriff or the official of the other state	7672
specified in division (B) or (C) of this section as soon as	7673
possible, but not later than the end of the first business day,	7674
after learning of the address change by doing either of the	7675
following:	7676

(a) The person provided notice of the new address to the	7677
sheriff or official specified in division (B) or (C) of this	7678
section by telephone immediately upon learning of the new address	7679
or, if the person did not have reasonable access to a telephone at	7680
that time, as soon as possible, but not later than the end of the	7681
first business day, after learning of the new address and having	7682
reasonable access to a telephone, and the person, as soon as	7683
possible, but not later than the end of the first business day,	7684
after providing notice of the new address to the sheriff or	7685
official by telephone, registered the new address with that	7686
sheriff or official in accordance with division (B) or (C) of this	7687
section.	7688

(b) The person, as soon as possible, but not later than the	7689
end of the first business day, after learning of the new address,	7690
registered the new address with the sheriff or official specified	7691
in division (B) or (C) of this section, in accordance with that	7692
division.	7693

(H) An offender or delinquent child who is required to comply	7694
with divisions (A), (B), and (C) of this section shall do so for	7695
the period of time specified in section 2950.07 of the Revised	7696
Code.	7697

(I) As used in this section, and in all other sections of the	7698
Revised Code that refer to the duties imposed on an offender or	7699
delinquent child under this section relative to a change in the	7700
offender's or delinquent child's residence, school, institution of	7701
higher education, or place of employment address, "change in	7702
address" includes any circumstance in which the old address for	7703
the person in question no longer is accurate, regardless of	7704
whether the person in question has a new address.	7705

Sec. 2950.06. (A) An offender or delinquent child who is	7706
required to register a residence address pursuant to division	7707
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised	7708
Code shall periodically verify the offender's or delinquent	7709
child's current residence address, and an offender ~~or public~~	7710
~~registry-qualified juvenile offender registrant~~ who is required to	7711
register a school, institution of higher education, or place of	7712
employment address pursuant to any of those divisions shall	7713
periodically verify the address of the offender's ~~or public~~	7714
~~registry-qualified juvenile offender registrant's~~ current school,	7715
institution of higher education, or place of employment address,	7716
in accordance with this section. The frequency of verification	7717
shall be determined in accordance with division (B) of this	7718
section, and the manner of verification shall be determined in	7719
accordance with division (C) of this section.	7720

(B) The frequency with which an offender or delinquent child	7721
must verify the offender's or delinquent child's current	7722
residence, school, institution of higher education, or place of	7723
employment address pursuant to division (A) of this section shall	7724
be determined as follows:	7725

(1) ~~Regardless of when the sexually oriented offense or~~	7726
~~child-victim oriented offense for which the offender or delinquent~~	7727
~~child is required to register was committed, if~~If the offender or	7728
delinquent child is a tier I sex offender/child-victim offender,	7729
the offender shall verify the offender's current residence address	7730
or current school, institution of higher education, or place of	7731
employment address, and the delinquent child shall verify the	7732
delinquent child's current residence address, in accordance with	7733
division (C) of this section on each anniversary of the offender's	7734
or delinquent child's initial registration date during the period	7735
the offender or delinquent child is required to register.	7736

(2) ~~Regardless of when the sexually oriented offense or~~	7737
~~child-victim oriented offense for which the offender or delinquent~~	7738
~~child is required to register was committed, if~~If the offender or	7739
delinquent child is a tier II sex offender/child-victim offender,	7740
the offender shall verify the offender's current residence address	7741
or current school, institution of higher education, or place of	7742
employment address, and the delinquent child shall verify the	7743
delinquent child's current residence address, in accordance with	7744
division (C) of this section every one hundred eighty days after	7745
the offender's or delinquent child's initial registration date	7746
during the period the offender or delinquent child is required to	7747
register.	7748

(3) ~~Regardless of when the sexually oriented offense or~~	7749
~~child-victim oriented offense for which the offender or delinquent~~	7750
~~child is required to register was committed, if~~If the offender or	7751
delinquent child is a tier III sex offender/child-victim offender,	7752
the offender shall verify the offender's current residence address	7753
or current school, institution of higher education, or place of	7754
employment address, and the delinquent child shall verify the	7755
delinquent child's current residence address ~~and, if the~~	7756
~~delinquent child is a public registry-qualified juvenile offender~~	7757
~~registrant, the current school, institution of higher education,~~	7758
~~or place of employment address~~, in accordance with division (C) of	7759
this section every ninety days after the offender's or delinquent	7760
child's initial registration date during the period the offender	7761
or delinquent child is required to register.	7762

(4) If the offender or delinquent child is a sexual predator	7763
or child-victim predator or if the offender is required to	7764
register as a result of committing an aggravated sexually oriented	7765
offense, the offender shall verify the offender's current	7766
residence address or current school, institution of higher	7767
education, or place of employment address, and the delinquent	7768
child shall verify the delinquent child's current residence	7769
address, in accordance with division (C) of this section every	7770
ninety days after the offender's or delinquent child's initial	7771
registration date during the period the offender or delinquent	7772
child is required to register.	7773

(5) In all circumstances not described in division (B)(1),	7774
(2), (3), or (4) of this section, the offender shall verify the	7775
offender's current residence address or current school,	7776
institution of higher education, or place of employment address,	7777
and the delinquent child shall verify the delinquent child's	7778
current residence address, in accordance with division (C) of this	7779
section on each anniversary of the offender's or delinquent	7780
child's initial registration date during the period the offender	7781
or delinquent child is required to register.	7782

(6) If, prior to January 1, 2008, an offender or delinquent	7783
child registered with a sheriff under a duty imposed under section	7784
2950.04 or 2950.041 of the Revised Code as a result of a	7785
conviction of, plea of guilty to, or adjudication as a delinquent	7786
child for committing a sexually oriented offense or a child-victim	7787
oriented offense as those terms were defined in section 2950.01 of	7788
the Revised Code prior to January 1, 2008, the duty to register	7789
that is imposed on the offender or delinquent child pursuant to	7790
section 2950.04 or 2950.041 of the Revised Code on and after	7791
January 1, 2008, is a continuation of the duty imposed upon the	7792
offender prior to January 1, 2008, under section 2950.04 or	7793
2950.041 of the Revised Code and, for purposes of divisions	7794
(B)(1), (2), ~~and~~ (3), (4), and (5) of this section, the offender's	7795
initial registration date related to that offense is the date on	7796
which the offender initially registered under section 2950.04 or	7797
2950.041 of the Revised Code.	7798

(C)(1) An offender or delinquent child who is required to	7799
verify the offender's or delinquent child's current residence,	7800
school, institution of higher education, or place of employment	7801
address pursuant to division (A) of this section shall verify the	7802
address with the sheriff with whom the offender or delinquent	7803
child most recently registered the address by personally appearing	7804
before the sheriff or a designee of the sheriff, no earlier than	7805
ten days before the date on which the verification is required	7806
pursuant to division (B) of this section and no later than the	7807
date so required for verification, and completing and signing a	7808
copy of the verification form prescribed by the bureau of criminal	7809
identification and investigation. The sheriff or designee shall	7810
sign the completed form and indicate on the form the date on which	7811
it is so completed. The verification required under this division	7812
is complete when the offender or delinquent child personally	7813
appears before the sheriff or designee and completes and signs the	7814
form as described in this division.	7815

(2) To facilitate the verification of an offender's or	7816
delinquent child's current residence, school, institution of	7817
higher education, or place of employment address, as applicable,	7818
under division (C)(1) of this section, the sheriff with whom the	7819
offender or delinquent child most recently registered the address	7820
may mail a nonforwardable verification form prescribed by the	7821
bureau of criminal identification and investigation to the	7822
offender's or delinquent child's last reported address and to the	7823
last reported address of the parents of the delinquent child, with	7824
a notice that conspicuously states that the offender or delinquent	7825
child must personally appear before the sheriff or a designee of	7826
the sheriff to complete the form and the date by which the form	7827
must be so completed. Regardless of whether a sheriff mails a form	7828
to an offender or delinquent child and that child's parents, each	7829
offender or delinquent child who is required to verify the	7830
offender's or delinquent child's current residence, school,	7831
institution of higher education, or place of employment address,	7832
as applicable, pursuant to division (A) of this section shall	7833
personally appear before the sheriff or a designee of the sheriff	7834
to verify the address in accordance with division (C)(1) of this	7835
section.	7836

(D) The verification form to be used under division (C) of	7837
this section shall contain all of the following:	7838

(1) Except as provided in division (D)(2) of this section,	7839
the current residence address of the offender or delinquent child,	7840
the name and address of the offender's or delinquent child's	7841
employer if the offender or delinquent child is employed at the	7842
time of verification or if the offender or delinquent child knows	7843
at the time of verification that the offender or delinquent child	7844
will be commencing employment with that employer subsequent to	7845
verification, the name and address of the offender's ~~or public~~	7846
~~registry-qualified juvenile offender registrant's~~ school or	7847
institution of higher education if the offender ~~or public~~	7848
~~registry-qualified juvenile offender registrant~~ attends one at the	7849
time of verification or if the offender ~~or public~~	7850
~~registry-qualified juvenile offender registrant~~ knows at the time	7851
of verification that the offender will be commencing attendance at	7852
that school or institution subsequent to verification, and any	7853
other information required by the bureau of criminal	7854
identification and investigation.	7855

(2) ~~Regarding~~If an offender ~~or public registry-qualified~~	7856
~~juvenile offender registrant who~~ is verifying a current school,	7857
institution of higher education, or place of employment address,	7858
the name and current address of the school, institution of higher	7859
education, or place of employment of the offender ~~or public~~	7860
~~registry-qualified juvenile offender registrant~~ and any other	7861
information required by the bureau of criminal identification and	7862
investigation.	7863

(E) Upon an offender's or delinquent child's personal	7864
appearance and completion of a verification form under division	7865
(C) of this section, a sheriff promptly shall forward a copy of	7866
the verification form to the bureau of criminal identification and	7867
investigation in accordance with the forwarding procedures adopted	7868
by the attorney general pursuant to section 2950.13 of the Revised	7869
Code. If an offender ~~or public registry-qualified juvenile~~	7870
~~offender registrant~~ verifies a school, institution of higher	7871
education, or place of employment address, or provides a school or	7872
institution of higher education address under division (D)(1) of	7873
this section, the sheriff also shall provide notice to the law	7874
enforcement agency with jurisdiction over the premises of the	7875
school, institution of higher education, or place of employment of	7876
the offender's ~~or public registry-qualified juvenile offender~~	7877
~~registrant's~~ name and that the offender ~~or public~~	7878
~~registry-qualified juvenile offender registrant~~ has verified or	7879
provided that address as a place at which the offender ~~or public~~	7880
~~registry-qualified juvenile offender registrant~~ attends school or	7881
an institution of higher education or at which the offender or	7882
~~public registry-qualified juvenile offender registrant~~ is	7883
employed. The bureau shall include all information forwarded to it	7884
under this division in the state registry of sex offenders and	7885
child-victim offenders established and maintained under section	7886
2950.13 of the Revised Code.	7887

(F) No person who is required to verify a current residence,	7888
school, institution of higher education, or place of employment	7889
address, as applicable, pursuant to divisions (A) to (C) of this	7890
section shall fail to verify a current residence, school,	7891
institution of higher education, or place of employment address,	7892
as applicable, in accordance with those divisions by the date	7893
required for the verification as set forth in division (B) of this	7894
section, provided that no person shall be prosecuted or subjected	7895
to a delinquent child proceeding for a violation of this division,	7896
and that no parent, guardian, or custodian of a delinquent child	7897
shall be prosecuted for a violation of section 2919.24 of the	7898
Revised Code based on the delinquent child's violation of this	7899
division, prior to the expiration of the period of time specified	7900
in division (G) of this section.	7901

(G)(1) If an offender or delinquent child fails to verify a	7902
current residence, school, institution of higher education, or	7903
place of employment address, as applicable, as required by	7904
divisions (A) to (C) of this section by the date required for the	7905
verification as set forth in division (B) of this section, the	7906
sheriff with whom the offender or delinquent child is required to	7907
verify the current address, on the day following that date	7908
required for the verification, shall send a written warning to the	7909
offender or to the delinquent child and that child's parents, at	7910
the offender's or delinquent child's and that child's parents'	7911
last known residence, school, institution of higher education, or	7912
place of employment address, as applicable, regarding the	7913
offender's or delinquent child's duty to verify the offender's or	7914
delinquent child's current residence, school, institution of	7915
higher education, or place of employment address, as applicable.	7916

The written warning shall do all of the following:

7917

(a) Identify the sheriff who sends it and the date on which	7918
it is sent;	7919

(b) State conspicuously that the offender or delinquent child	7920
has failed to verify the offender's ~~or public registry-qualified~~	7921
~~juvenile offender registrant's~~ current residence, school,	7922
institution of higher education, or place of employment address or	7923
the current residence address of a delinquent child ~~who is not a~~	7924
~~public registry-qualified juvenile offender registrant~~ by the date	7925
required for the verification;	7926

(c) Conspicuously state that the offender or delinquent child	7927
has seven days from the date on which the warning is sent to	7928
verify the current residence, school, institution of higher	7929
education, or place of employment address, as applicable, with the	7930
sheriff who sent the warning;	7931

(d) Conspicuously state that a failure to timely verify the	7932
specified current address or addresses is a felony offense;	7933

(e) Conspicuously state that, if the offender ~~or public~~	7934
~~registry-qualified juvenile offender registrant~~ verifies the	7935
current residence, school, institution of higher education, or	7936
place of employment address or the delinquent child ~~who is not a~~	7937
~~public registry-qualified juvenile offender registrant~~ verifies	7938
the current residence address with that sheriff within that	7939
seven-day period, the offender or delinquent child will not be	7940
prosecuted or subjected to a delinquent child proceeding for a	7941
failure to timely verify a current address and the delinquent	7942
child's parent, guardian, or custodian will not be prosecuted	7943
based on a failure of the delinquent child to timely verify an	7944
address;	7945

(f) Conspicuously state that, if the offender ~~or public~~	7946
~~registry-qualified juvenile offender registrant~~ does not verify	7947
the current residence, school, institution of higher education, or	7948
place of employment address or the delinquent child ~~who is not a~~	7949
~~public registry-qualified juvenile offender registrant~~ does not	7950
verify the current residence address with that sheriff within that	7951
seven-day period, the offender or delinquent child will be	7952
arrested or taken into custody, as appropriate, and prosecuted or	7953
subjected to a delinquent child proceeding for a failure to timely	7954
verify a current address and the delinquent child's parent,	7955
guardian, or custodian may be prosecuted for a violation of	7956
section 2919.24 of the Revised Code based on the delinquent	7957
child's failure to timely verify a current residence address.	7958

(2) If an offender or delinquent child fails to verify a	7959
current residence, school, institution of higher education, or	7960
place of employment address, as applicable, as required by	7961
divisions (A) to (C) of this section by the date required for the	7962
verification as set forth in division (B) of this section, the	7963
offender or delinquent child shall not be prosecuted or subjected	7964
to a delinquent child proceeding for a violation of division (F)	7965
of this section, and the delinquent child's parent, guardian, or	7966
custodian shall not be prosecuted for a violation of section	7967
2919.24 of the Revised Code based on the delinquent child's	7968
failure to timely verify a current residence address ~~and, if the~~	7969
~~delinquent child is a public registry-qualified juvenile offender~~	7970
~~registrant, the current school, institution of higher education,~~	7971
~~or place of employment address, as applicable~~, unless the	7972
seven-day period subsequent to that date that the offender or	7973
delinquent child is provided under division (G)(1) of this section	7974
to verify the current address has expired and the offender or	7975
delinquent child, prior to the expiration of that seven-day	7976
period, has not verified the current address. Upon the expiration	7977
of the seven-day period that the offender or delinquent child is	7978
provided under division (G)(1) of this section to verify the	7979
current address, if the offender or delinquent child has not	7980
verified the current address, all of the following apply:	7981

(a) The sheriff with whom the offender or delinquent child is	7982
required to verify the current residence, school, institution of	7983
higher education, or place of employment address, as applicable,	7984
promptly shall notify the bureau of criminal identification and	7985
investigation of the failure.	7986

(b) The sheriff with whom the offender or delinquent child is	7987
required to verify the current residence, school, institution of	7988
higher education, or place of employment address, as applicable,	7989
the sheriff of the county in which the offender or delinquent	7990
child resides, the sheriff of the county in which is located the	7991
offender's ~~or public registry-qualified juvenile offender~~	7992
~~registrant's~~ school, institution of higher education, or place of	7993
employment address that was to be verified, or a deputy of the	7994
appropriate sheriff, shall locate the offender or delinquent	7995
child, promptly shall seek a warrant for the arrest or taking into	7996
custody, as appropriate, of the offender or delinquent child for	7997
the violation of division (F) of this section and shall arrest the	7998
offender or take the child into custody, as appropriate.	7999

(c) The offender or delinquent child is subject to	8000
prosecution or a delinquent child proceeding for the violation of	8001
division (F) of this section, and the delinquent child's parent,	8002
guardian, or custodian may be subject to prosecution for a	8003
violation of section 2919.24 of the Revised Code based on the	8004
delinquent child's violation of that division.	8005

(H) An offender ~~or public registry-qualified juvenile~~	8006
~~offender registrant~~ who is required to verify the offender's or	8007
~~public registry-qualified juvenile offender registrant's~~ current	8008
residence, school, institution of higher education, or place of	8009
employment address pursuant to divisions (A) to (C) of this	8010
section and a delinquent child ~~who is not a public~~	8011
~~registry-qualified juvenile offender registrant~~ who is required to	8012
verify the delinquent child's current residence address pursuant	8013
to those divisions shall do so for the period of time specified in	8014
section 2950.07 of the Revised Code.	8015

Sec. 2950.07. (A) The duty of an offender who is convicted	8016
of, pleads guilty to, has been convicted of, or has pleaded guilty	8017
to a sexually oriented offense or a child-victim oriented offense	8018
and the duty of a delinquent child who is or has been adjudicated	8019
a delinquent child for committing a sexually oriented offense or a	8020
child-victim oriented offense and is classified a juvenile	8021
offender registrant or who is an out-of-state juvenile offender	8022
registrant to comply with sections 2950.04, 2950.041, 2950.05, and	8023
2950.06 of the Revised Code commences on whichever of the	8024
following dates is applicable:	8025

(1) If the offender's duty to register is imposed pursuant to	8026
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of	8027
section 2950.041 of the Revised Code, the offender's duty to	8028
comply with those sections commences immediately after the entry	8029
of the judgment of conviction.	8030

(2) If the delinquent child's duty to register is imposed	8031
pursuant to division (A)(1)(b) of section 2950.04 or division	8032
(A)(1)(b) of section 2950.041 of the Revised Code, the delinquent	8033
child's duty to comply with those sections commences immediately	8034
after the order of disposition.	8035

(3) If the offender's duty to register is imposed pursuant to	8036
division (A)(2) of section 2950.04 or division (A)(2) of section	8037
2950.041 of the Revised Code, subject to division (A)(7) of this	8038
section, the offender's duty to comply with those sections	8039
commences on the date of the offender's release from a prison	8040
term, a term of imprisonment, or any other type of confinement, or	8041
if the offender is not sentenced to a prison term, a term of	8042
imprisonment, or any other type of confinement, on the date of the	8043
entry of the judgment of conviction of the sexually oriented	8044
offense or child-victim oriented offense.	8045

(4) If the offender's or delinquent child's duty to register	8046
is imposed pursuant to division (A)(4) of section 2950.04 or	8047
division (A)(4) of section 2950.041 of the Revised Code, the	8048
offender's duty to comply with those sections commences regarding	8049
residence addresses on the date that the offender begins to reside	8050
or becomes temporarily domiciled in this state, the offender's	8051
duty regarding addresses of schools, institutions of higher	8052
education, and places of employment commences on the date the	8053
offender begins attending any school or institution of higher	8054
education in this state on a full-time or part-time basis or	8055
becomes employed in this state, and the delinquent child's duty	8056
commences on the date the delinquent child begins to reside or	8057
becomes temporarily domiciled in this state.	8058

(5) If the delinquent child's duty to register is imposed	8059
pursuant to division (A)(3) of section 2950.04 or division (A)(3)	8060
of section 2950.041 of the Revised Code, if the delinquent child's	8061
classification as a juvenile offender registrant is made at the	8062
time of the child's disposition for that sexually oriented offense	8063
or child-victim oriented offense, whichever is applicable, and if	8064
the delinquent child is committed for the sexually oriented	8065
offense or child-victim oriented offense to the department of	8066
youth services or to a secure facility that is not operated by the	8067
department, the delinquent child's duty to comply with those	8068
sections commences on the date of the delinquent child's discharge	8069
or release from custody in the department of youth services secure	8070
facility or from the secure facility not operated by the	8071
department as described in that division.	8072

(6) If the delinquent child's duty to register is imposed	8073
pursuant to division (A)(3) of section 2950.04 or division (A)(3)	8074
of section 2950.041 of the Revised Code and if either the	8075
delinquent child's classification as a juvenile offender	8076
registrant is made at the time of the child's disposition for that	8077
sexually oriented offense or child-victim oriented offense,	8078
whichever is applicable, and the delinquent child is not committed	8079
for the sexually oriented offense or child-victim oriented offense	8080
to the department of youth services or to a secure facility that	8081
is not operated by the department or the child's classification as	8082
a juvenile offender registrant is made pursuant to section 2152.83	8083
~~or division (A)(2) of section 2152.86~~ of the Revised Code, subject	8084
to divisions (A)(7) of this section, the delinquent child's duty	8085
to comply with those sections commences on the date of entry of	8086
the court's order that classifies the delinquent child a juvenile	8087
offender registrant.	8088

(7) If the offender's or delinquent child's duty to register	8089
is imposed pursuant to division (A)(2), (3), or (4) of section	8090
2950.04 or section 2950.041 of the Revised Code and if the	8091
offender or delinquent child prior to January 1, 2008, has	8092
registered a residence, school, institution of higher education,	8093
or place of employment address pursuant to section 2950.04,	8094
2950.041, or 2950.05 of the Revised Code as they existed prior to	8095
that date, the offender or delinquent child initially shall	8096
register in accordance with section 2950.04 or 2950.041 of the	8097
Revised Code, whichever is applicable, as it exists on and after	8098
January 1, 2008, not later than the earlier of the dates specified	8099
in ~~divisions (A)(7)(a) and (b) of~~ this ~~section~~division. The	8100
offender's or delinquent child's duty to comply thereafter with	8101
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	8102
Code as they exist on and after January 1, 2008, commences on the	8103
date of that initial registration. The offender or delinquent	8104
child initially shall register under section 2950.04 or 2950.041	8105
of the Revised Code as it exists on and after January 1, 2008, not	8106
later than the earlier of the ~~following:~~	8107

~~(a) The date that is six months after the date on which the~~	8108
~~offender or delinquent child received a registered letter from the~~	8109
~~attorney general under division (A)(2) or (B) of section 2950.031~~	8110
~~of the Revised Code;~~	8111

~~(b) The earlier of the~~ date on which the offender or	8112
delinquent child would be required to verify a previously	8113
registered address under section 2950.06 of the Revised Code as it	8114
exists on and after January 1, 2008, or, if the offender or	8115
delinquent child has changed a previously registered address, the	8116
date on which the offender or delinquent child would be required	8117
to register a new residence, school, institution of higher	8118
education, or place of employment address under section 2950.05 of	8119
the Revised Code as it exists on and after January 1, 2008.	8120

(8) If the offender's or delinquent child's duty to register	8121
was imposed pursuant to section 2950.04 or 2950.041 of the Revised	8122
Code as they existed prior to January 1, 2008, the offender's or	8123
delinquent child's duty to comply with sections 2950.04, 2950.041,	8124
2950.05, and 2950.06 of the Revised Code as they exist on and	8125
after January 1, 2008, is a continuation of the offender's or	8126
delinquent child's former duty to register imposed prior to	8127
January 1, 2008, under section 2950.04 or 2950.041 of the Revised	8128
Code and shall be considered for all purposes as having commenced	8129
on the date that the offender's duty under that section commenced.	8130

(B) The duty of an offender who is convicted of, pleads	8131
guilty to, has been convicted of, or has pleaded guilty to a	8132
sexually oriented offense or a child-victim oriented offense and	8133
the duty of a delinquent child who is or has been adjudicated a	8134
delinquent child for committing a sexually oriented offense or a	8135
child-victim oriented offense and is classified a juvenile	8136
offender registrant or who is an out-of-state juvenile offender	8137
registrant to comply with sections 2950.04, 2950.041, 2950.05, and	8138
2950.06 of the Revised Code continues, after the date of	8139
commencement, for whichever of the following periods is	8140
applicable:	8141

(1) Except as otherwise provided in this division, if the	8142
person is an offender who is a tier III sex offender/child-victim	8143
offender relative to the sexually oriented offense or child-victim	8144
oriented offense,or if the person is a delinquent child who is a	8145
tier III sex offender/child-victim offender relative to the	8146
sexually oriented offense or child-victim oriented offense, ~~or if~~	8147
~~the person is a delinquent child who is a public~~	8148
~~registry-qualified juvenile offender registrant relative to the~~	8149
~~sexually oriented offense,~~ the offender's or delinquent child's	8150
duty to comply with those sections continues until the offender's	8151
or delinquent child's death. ~~Regarding~~If a delinquent child ~~who~~	8152
is a tier III sex offender/child-victim offender relative to the	8153
offense ~~but is not a public registry-qualified juvenile offender~~	8154
~~registrant relative to the offense,~~and if the judge who made the	8155
disposition for the delinquent child or that judge's successor in	8156
office subsequently enters a determination pursuant to section	8157
2152.84 or 2152.85 of the Revised Code that the delinquent child	8158
no longer is a tier III sex offender/child-victim offender, the	8159
delinquent child's duty to comply with those sections continues	8160
for the period of time that is applicable to the delinquent child	8161
under division (B)(2) or (3) of this section, based on the	8162
reclassification of the child pursuant to section 2152.84 or	8163
~~21562.85~~2152.85 of the Revised Code as a tier I sex	8164
offender/child-victim offender or a tier II sex	8165
offender/child-victim offender. In no case shall the lifetime duty	8166
to comply that is imposed under this division on an offender who	8167
is a tier III sex offender/child-victim offender be removed or	8168
terminated. ~~A delinquent child who is a public registry-qualified~~	8169
~~juvenile offender registrant may have the lifetime duty to~~	8170
~~register terminated only pursuant to section 2950.15 of the~~	8171
~~Revised Code.~~	8172

(2) If the person is an offender who is a tier II sex	8173
offender/child-victim offender relative to the sexually oriented	8174
offense or child-victim oriented offense, the offender's duty to	8175
comply with those sections continues for twenty-five years. Except	8176
as otherwise provided in this division, if the person is a	8177
delinquent child who is a tier II sex offender/child-victim	8178
offender relative to the sexually oriented offense or child-victim	8179
oriented offense, the delinquent child's duty to comply with those	8180
sections continues for twenty years. Regarding a delinquent child	8181
who is a tier II sex offender/child-victim offender relative to	8182
the offense ~~but is not a public registry-qualified juvenile~~	8183
~~offender registrant relative to the offense~~, if the judge who made	8184
the disposition for the delinquent child or that judge's successor	8185
in office subsequently enters a determination pursuant to section	8186
2152.84 or 2152.85 of the Revised Code that the delinquent child	8187
no longer is a tier II sex offender/child-victim offender but	8188
remains a juvenile offender registrant, the delinquent child's	8189
duty to comply with those sections continues for the period of	8190
time that is applicable to the delinquent child under division	8191
(B)(3) of this section, based on the reclassification of the child	8192
pursuant to section 2152.84 or 2152.85 of the Revised Code as a	8193
tier I sex offender/child-victim offender.	8194

(3) Except as otherwise provided in this division, if the	8195
person is an offender who is a tier I sex offender/child-victim	8196
offender relative to the sexually oriented offense or child-victim	8197
oriented offense, the offender's duty to comply with those	8198
sections continues for fifteen years. Except as otherwise provided	8199
in this division, if the person is a delinquent child who is a	8200
tier I sex offender/child-victim offender relative to the sexually	8201
oriented offense or child-victim oriented offense, the delinquent	8202
child's duty to comply with those sections continues for ten	8203
years. Regarding a delinquent child who is a juvenile offender	8204
registrant and a tier I sex offender/child-victim offender ~~but is~~	8205
~~not a public registry-qualified juvenile offender registrant~~, if	8206
the judge who made the disposition for the delinquent child or	8207
that judge's successor in office subsequently enters a	8208
determination pursuant to section 2152.84 or 2152.85 of the	8209
Revised Code that the delinquent child no longer is to be	8210
classified a juvenile offender registrant, the delinquent child's	8211
duty to comply with those sections terminates upon the court's	8212
entry of the determination. A person who is an offender who is a	8213
tier I sex offender/child-victim offender may have the	8214
fifteen-year duty to register terminated only pursuant to section	8215
2950.15 of the Revised Code.	8216

(4) Except as otherwise provided in this division, if the	8217
person is an offender or delinquent child who is a sexual predator	8218
or child-victim predator or is an offender who has a duty to	8219
register as a result of being convicted of or pleading guilty to	8220
an aggravated sexually oriented offense, the offender's or	8221
delinquent child's duty to comply with those sections continues	8222
until the offender's or delinquent child's death. If the judge who	8223
made the disposition for a delinquent child to whom this division	8224
applies or that judge's successor in office subsequently enters a	8225
determination pursuant to section 2152.84 or 2152.85 of the	8226
Revised Code that the delinquent child no longer is a sexual	8227
predator or child-victim predator, the delinquent child's duty to	8228
comply with those sections continues for the period of time that	8229
otherwise would have been applicable to the delinquent child under	8230
division (B)(5) or (6) of this section. In no case shall the	8231
lifetime duty to comply that is imposed under this division on an	8232
offender be removed or terminated.	8233

(5) Except as otherwise provided in this division, if the	8234
person is an offender or delinquent child who is a habitual sex	8235
offender or a habitual child-victim offender, the offender's or	8236
delinquent child's duty to comply with those sections continues	8237
for twenty years from the date of the offender's or delinquent	8238
child's initial registration. If the judge who made the	8239
disposition for a delinquent child to whom this division applies	8240
or that judge's successor in office subsequently enters a	8241
determination pursuant to section 2152.84 or 2152.85 of the	8242
Revised Code that the delinquent child no longer is a habitual sex	8243
offender or a habitual child-victim offender but remains a	8244
juvenile offender registrant, the delinquent child's duty to	8245
comply with those sections continues for the period of time that	8246
otherwise would have been applicable to the delinquent child under	8247
division (B)(6) of this section.	8248

(6) Except as otherwise provided in this division, if the	8249
person is an offender or delinquent child who was convicted of,	8250
pleaded guilty to, or was adjudicated a delinquent child for	8251
committing a sexually oriented offense or child-victim oriented	8252
offense that was committed prior to January 1, 2008, and if	8253
neither division (B)(4) nor division (B)(5) of this section	8254
applies to the offender or delinquent child, the offender's or	8255
delinquent child's duty to comply with those sections continues	8256
for ten years from the date of the offender's or delinquent	8257
child's initial registration. If the judge who made the	8258
disposition for a delinquent child to whom this division applies	8259
or that judge's successor in office subsequently enters a	8260
determination pursuant to section 2152.84 or 2152.85 of the	8261
Revised Code that the delinquent child no longer is to be	8262
classified a juvenile offender registrant, the delinquent child's	8263
duty to comply with those sections terminates upon the court's	8264
entry of the determination.	8265

(C)(1) If an offender has been convicted of or pleaded guilty	8266
to a sexually oriented offense and the offender subsequently is	8267
convicted of or pleads guilty to another sexually oriented offense	8268
or a child-victim oriented offense, if an offender has been	8269
convicted of or pleaded guilty to a child-victim oriented offense	8270
and the offender subsequently is convicted of or pleads guilty to	8271
another child-victim oriented offense or a sexually oriented	8272
offense, if a delinquent child has been adjudicated a delinquent	8273
child for committing a sexually oriented offense and is classified	8274
a juvenile offender registrant or is an out-of-state juvenile	8275
offender registrant and the child subsequently is adjudicated a	8276
delinquent child for committing another sexually oriented offense	8277
or a child-victim oriented offense and is classified a juvenile	8278
offender registrant relative to that offense or subsequently is	8279
convicted of or pleads guilty to another sexually oriented offense	8280
or a child-victim oriented offense, or if a delinquent child has	8281
been adjudicated a delinquent child for committing a child-victim	8282
oriented offense and is classified a juvenile offender registrant	8283
or is an out-of-state juvenile offender registrant and the child	8284
subsequently is adjudicated a delinquent child for committing	8285
another child-victim oriented offense or a sexually oriented	8286
offense and is classified a juvenile offender registrant relative	8287
to that offense or subsequently is convicted of or pleads guilty	8288
to another child-victim oriented offense or a sexually oriented	8289
offense, the period of time for which the offender or delinquent	8290
child must comply with the sections specified in division (A) of	8291
this section shall be separately calculated pursuant to divisions	8292
(A)(1) to (8) and (B)(1) to ~~(3)~~(6) of this section for each of the	8293
sexually oriented offenses and child-victim oriented offenses, and	8294
the offender or delinquent child shall comply with each separately	8295
calculated period of time independently.	8296

If a delinquent child has been adjudicated a delinquent child	8297
for committing a sexually oriented offense or a child-victim	8298
oriented offense, is classified a juvenile offender registrant or	8299
is an out-of-state juvenile offender registrant relative to that	8300
offense, and, after attaining eighteen years of age, subsequently	8301
is convicted of or pleads guilty to another sexually oriented	8302
offense or child-victim oriented offense, the subsequent	8303
conviction or guilty plea does not limit, affect, or supersede the	8304
duties imposed upon the delinquent child under this chapter	8305
relative to the delinquent child's classification as a juvenile	8306
offender registrant or as an out-of-state juvenile offender	8307
registrant, and the delinquent child shall comply with both those	8308
duties and the duties imposed under this chapter relative to the	8309
subsequent conviction or guilty plea.	8310

(2) If a delinquent child has been adjudicated a delinquent	8311
child for committing a sexually oriented offense or a child-victim	8312
oriented offense and is classified a juvenile offender registrant	8313
relative to the offense and if the juvenile judge or the judge's	8314
successor in office subsequently reclassifies the offense tier in	8315
which the child is classified pursuant to section 2152.84 or	8316
2152.85 of the Revised Code or determines pursuant to either	8317
section that the child no longer is a sexual predator,	8318
child-victim predator, habitual sex offender, or habitual	8319
child-victim offender, whichever is applicable, the judge's	8320
subsequent determination to reclassify the child does not affect	8321
the date of commencement of the delinquent child's duty to comply	8322
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	8323
Revised Code as determined under division (A) of this section. The	8324
child's duty to comply with those sections after the	8325
reclassification is a continuation of the child's duty to comply	8326
with the sections that was in effect prior to the	8327
reclassification, and the duty shall continue for the period of	8328
time specified in division (B)(1), (2), or (3), (4), (5), or (6)	8329
of this section, whichever is applicable.	8330

If, prior to January 1, 2008, an offender had a duty to	8331
comply with the sections specified in division (A) of this section	8332
as a result of a conviction of or plea of guilty to a sexually	8333
oriented offense or child-victim oriented offense as those terms	8334
were defined in section 2950.01 of the Revised Code prior to	8335
January 1, 2008, or a delinquent child had a duty to comply with	8336
those sections as a result of an adjudication as a delinquent	8337
child for committing one of those offenses as they were defined	8338
prior to January 1, 2008, the period of time specified in division	8339
(B)(1), (2), or (3), (4), (5), or (6) of this section on and after	8340
January 1, 2008, for which a person must comply with sections	8341
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	8342
applies to the person, automatically replaces the period of time	8343
for which the person had to comply with those sections prior to	8344
January 1, 2008, and is a continuation of the person's duty to	8345
comply with the sections that was in effect prior to the	8346
reclassification. If, prior to January 1, 2008, an offender or a	8347
delinquent child had a duty to comply with the sections specified	8348
in division (A) of this section, the offender's or delinquent	8349
child's classification as a tier I sex offender/child-victim	8350
offender, a tier II sex offender/child-victim offender, or a tier	8351
III sex offender/child-victim offender for purposes of that period	8352
of time shall be determined as specified in section 2950.031 or	8353
2950.032 of the Revised Code, as applicable.	8354

(D) The duty of an offender or delinquent child to register	8355
under this chapter is tolled for any period during which the	8356
offender or delinquent child is returned to confinement in a	8357
secure facility for any reason or imprisoned for an offense when	8358
the confinement in a secure facility or imprisonment occurs	8359
subsequent to the date determined pursuant to division (A) of this	8360
section. The offender's or delinquent child's duty to register	8361
under this chapter resumes upon the offender's or delinquent	8362
child's release from confinement in a secure facility or	8363
imprisonment.	8364

(E) An offender or delinquent child who has been or is	8365
convicted, has pleaded or pleads guilty, or has been or is	8366
adjudicated a delinquent child, in a court in another state, in a	8367
federal court, military court, or Indian tribal court, or in a	8368
court of any nation other than the United States for committing a	8369
sexually oriented offense or a child-victim oriented offense may	8370
apply to the sheriff of the county in which the offender or	8371
delinquent child resides or temporarily is domiciled, or in which	8372
the offender attends a school or institution of higher education	8373
or is employed, for credit against the duty to register for the	8374
time that the offender or delinquent child has complied with the	8375
sex offender or child-victim offender registration requirements of	8376
another jurisdiction. The sheriff shall grant the offender or	8377
delinquent child credit against the duty to register for time for	8378
which the offender or delinquent child provides adequate proof	8379
that the offender or delinquent child has complied with the sex	8380
offender or child-victim offender registration requirements of	8381
another jurisdiction. If the offender or delinquent child	8382
disagrees with the determination of the sheriff, the offender or	8383
delinquent child may appeal the determination to the court of	8384
common pleas of the county in which the offender or delinquent	8385
child resides or is temporarily domiciled, or in which the	8386
offender attends a school or institution of higher education or is	8387
employed.	8388

Sec. 2950.081. (A) Any statements, information, photographs,	8389
fingerprints, or materials that are required to be provided, and	8390
that are provided, by an offender or delinquent child pursuant to	8391
section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code	8392
and that are in the possession of a county sheriff are public	8393
records open to public inspection under section 149.43 of the	8394
Revised Code and shall be included in the internet sex offender	8395
and child-victim offender database established and maintained	8396
under section 2950.13 of the Revised Code to the extent provided	8397
in that section.	8398

(B) ~~Except when the child is classified a public~~	8399
~~registry-qualified juvenile offender registrant, the~~A sheriff	8400
shall not cause to be publicly disseminated by means of the	8401
internet any statements, information, photographs, fingerprints,	8402
or materials that are provided by a delinquent child who sends a	8403
notice of intent to reside, registers, provides notice of a change	8404
of residence address and registers the new residence address, or	8405
provides verification of a current residence address pursuant to	8406
this chapter and that are in the possession of a county sheriff.	8407

(C) If a sheriff establishes on the internet a sex offender	8408
and child-victim offender database for the public dissemination of	8409
some or all of the materials regarding offenders that are	8410
described in division (A) of this section, that are not prohibited	8411
from inclusion by division (B) of this section, and that pertain	8412
to offenders ~~or delinquent children~~ who register in the sheriff's	8413
county, in addition to all of the other information and materials	8414
included, the sheriff shall include in the database a chart	8415
describing which sexually oriented offenses and child-victim	8416
oriented offenses are included in the definitions of tier I sex	8417
offender/child-victim offender, tier II sex offender/child-victim	8418
offender, and tier III sex offender/child-victim offender and for	8419
each offender ~~or delinquent child~~ in relation to whom information	8420
and materials are provided a statement as to whether the offender	8421
~~or delinquent child~~ is a tier I sex offender/child-victim	8422
~~offenders~~offender, a tier II sex offender/child-victim ~~offenders~~	8423
offender, or a tier III sex offender/child-victim ~~offenders~~	8424
offender.	8425

Sec. 2950.09. (A) If a person is convicted of or pleads	8426
guilty to a sexually oriented offense that was committed before	8427
January 1, 2008, and if the sexually oriented offense is a violent	8428
sex offense or a designated homicide, assault, or kidnapping	8429
offense and the offender is adjudicated a sexually violent	8430
predator in relation to that offense, the conviction of or plea of	8431
guilty to the offense and the adjudication as a sexually violent	8432
predator automatically classifies the offender a sexual predator.	8433
If a person is convicted of or pleads guilty to a sexually	8434
oriented offense that is a violation of division (A)(1)(b) of	8435
section 2907.02 of the Revised Code and that was committed before	8436
January 1, 2008, and if either the person is sentenced under	8437
section 2971.03 of the Revised Code or the court imposes upon the	8438
offender a sentence of life without parole under division (B) of	8439
section 2907.02 of the Revised Code, the conviction of or plea of	8440
guilty to the offense automatically classifies the offender a	8441
sexual predator. If a person is convicted of or pleads guilty to	8442
attempted rape that was committed before January 1, 2008, and also	8443
is convicted of or pleads guilty to a specification of the type	8444
described in section 2941.1418, 2941.1419, or 2941.1420 of the	8445
Revised Code, the conviction of or plea of guilty to the offense	8446
and the specification automatically classify the offender a sexual	8447
predator. If a person is convicted, pleads guilty, or is	8448
adjudicated a delinquent child in a court in another state, in a	8449
federal court, military court, or Indian tribal court, or in a	8450
court of any nation other than the United States for a sexually	8451
oriented offense that was committed before January 1, 2008, and	8452
if, as a result of that conviction, plea of guilty, or	8453
adjudication, the person is required under the law of the	8454
jurisdiction in which the person was convicted, pleaded guilty, or	8455
was adjudicated to register as a sex offender until the person's	8456
death, that conviction, plea of guilty, or adjudication	8457
automatically classifies the person a sexual predator, but the	8458
person may challenge that classification pursuant to division (F)	8459
of this section. In all other cases, a person who commits before	8460
January 1, 2008, a sexually oriented offense may be classified as	8461
a sexual predator for purposes of this chapter only in accordance	8462
with division (B) or (C) of this section or, regarding delinquent	8463
children, divisions (B) and (C) of section 2152.83 of the Revised	8464
Code.	8465

(B)(1)(a) Except as otherwise provided in this division, the	8466
judge who is to impose sentence on a person who is convicted of or	8467
pleads guilty to a sexually oriented offense that was committed	8468
before January 1, 2008, shall conduct a hearing to determine	8469
whether the offender is a sexual predator. A judge shall not	8470
conduct a hearing under this division if the person automatically	8471
is classified a sexual predator as described in division (A) of	8472
this section.	8473

(b) The judge who is to impose an order of disposition upon a	8474
child who is adjudicated a delinquent child for committing before	8475
January 1, 2008, a sexually oriented offense shall conduct a	8476
hearing to determine whether the child is a sexual predator if	8477
either of the following applies:	8478

(i) The judge is required by section 2152.82 or division (A)	8479
of section 2152.83 of the Revised Code to classify the child a	8480
juvenile offender registrant.	8481

(ii) Division (B) of section 2152.83 of the Revised Code	8482
applies regarding the child, the judge conducts a hearing under	8483
that division for the purposes described in that division, and the	8484
judge determines at that hearing that the child is a juvenile	8485
offender registrant.	8486

(2) The judge shall conduct the hearing required by division	8487
(B)(1)(a) of this section for an offender prior to sentencing. If	8488
the sexually oriented offense for which sentence is to be imposed	8489
is a felony and the hearing is being conducted under division	8490
(B)(1)(a) of this section, the judge may conduct it as part of the	8491
sentencing hearing required by section 2929.19 of the Revised	8492
Code. The judge may conduct the hearing required by division	8493
(B)(1)(b) of this section for a delinquent child at the same time	8494
as, or separate from, the dispositional hearing, as specified in	8495
the applicable provision of section 2152.82 or 2152.83 of the	8496
Revised Code. The court shall give the offender or delinquent	8497
child and the prosecutor who prosecuted the offender or handled	8498
the case against the delinquent child for the sexually oriented	8499
offense notice of the date, time, and location of the hearing. At	8500
the hearing, the offender or delinquent child and the prosecutor	8501
shall have an opportunity to testify, present evidence, call and	8502
examine witnesses and expert witnesses, and cross-examine	8503
witnesses and expert witnesses regarding the determination as to	8504
whether the offender or delinquent child is a sexual predator. The	8505
offender or delinquent child shall have the right to be	8506
represented by counsel and, if indigent, the right to have counsel	8507
appointed to represent the offender or delinquent child.	8508

(3) In making a determination under divisions (B)(1) and (4)	8509
of this section as to whether an offender or delinquent child is a	8510
sexual predator, the judge shall consider all relevant factors,	8511
including, but not limited to, all of the following:	8512

(a) The offender's or delinquent child's age;

8513

(b) The offender's or delinquent child's prior criminal or	8514
delinquency record regarding all offenses, including, but not	8515
limited to, all sexual offenses;	8516

(c) The age of the victim of the sexually oriented offense	8517
for which sentence is to be imposed or the order of disposition is	8518
to be made;	8519

(d) Whether the sexually oriented offense for which sentence	8520
is to be imposed or the order of disposition is to be made	8521
involved multiple victims;	8522

(e) Whether the offender or delinquent child used drugs or	8523
alcohol to impair the victim of the sexually oriented offense or	8524
to prevent the victim from resisting;	8525

(f) If the offender or delinquent child previously has been	8526
convicted of or pleaded guilty to, or been adjudicated a	8527
delinquent child for committing an act that if committed by an	8528
adult would be, a criminal offense, whether the offender or	8529
delinquent child completed any sentence or dispositional order	8530
imposed for the prior offense or act and, if the prior offense or	8531
act was a sex offense or a sexually oriented offense, whether the	8532
offender or delinquent child participated in available programs	8533
for sexual offenders;	8534

(g) Any mental illness or mental disability of the offender	8535
or delinquent child;	8536

(h) The nature of the offender's or delinquent child's sexual	8537
conduct, sexual contact, or interaction in a sexual context with	8538
the victim of the sexually oriented offense and whether the sexual	8539
conduct, sexual contact, or interaction in a sexual context was	8540
part of a demonstrated pattern of abuse;	8541

(i) Whether the offender or delinquent child, during the	8542
commission of the sexually oriented offense for which sentence is	8543
to be imposed or the order of disposition is to be made, displayed	8544
cruelty or made one or more threats of cruelty;	8545

(j) Any additional behavioral characteristics that contribute	8546
to the offender's or delinquent child's conduct.	8547

(4) After reviewing all testimony and evidence presented at	8548
the hearing conducted under division (B)(1) of this section and	8549
the factors specified in division (B)(3) of this section, the	8550
court shall determine by clear and convincing evidence whether the	8551
subject offender or delinquent child is a sexual predator. If the	8552
court determines that the subject offender or delinquent child is	8553
not a sexual predator, the court shall specify in the offender's	8554
sentence and the judgment of conviction that contains the sentence	8555
or in the delinquent child's dispositional order, as appropriate,	8556
that the court has determined that the offender or delinquent	8557
child is not a sexual predator and the reason or reasons why the	8558
court determined that the subject offender or delinquent child is	8559
not a sexual predator. If the court determines by clear and	8560
convincing evidence that the subject offender or delinquent child	8561
is a sexual predator, the court shall specify in the offender's	8562
sentence and the judgment of conviction that contains the sentence	8563
or in the delinquent child's dispositional order, as appropriate,	8564
that the court has determined that the offender or delinquent	8565
child is a sexual predator and that the determination was pursuant	8566
to division (B) of this section. If the sexually oriented offense	8567
in question is an aggravated sexually oriented offense, the court	8568
shall specify in the offender's sentence and the judgment of	8569
conviction that contains the sentence that the offender's offense	8570
is an aggravated sexually oriented offense. The offender or	8571
delinquent child and the prosecutor who prosecuted the offender or	8572
handled the case against the delinquent child for the sexually	8573
oriented offense in question may appeal as a matter of right the	8574
court's determination under this division as to whether the	8575
offender or delinquent child is, or is not, a sexual predator.	8576

(C)(1) If a person was convicted of or pleaded guilty to a	8577
sexually oriented offense that was committed before January 1,	8578
2008, if the person is serving a term of imprisonment in a state	8579
correctional institution as of the effective date of this section,	8580
and if the person previously has not received a hearing to	8581
determine whether the person is a sexual predator, the department	8582
of rehabilitation and correction shall do whichever of the	8583
following is applicable:	8584

(a) If the sexually oriented offense was, regardless of the	8585
age of the victim of the offense, a violation of section 2903.01,	8586
2903.02, 2903.11, or 2905.01 of the Revised Code, or of division	8587
(A) of section 2903.04 of the Revised Code, that was committed	8588
with a sexual motivation, or was a violent sex offense, the	8589
department shall notify the court that sentenced the offender of	8590
this fact, and the court shall conduct a hearing to determine	8591
whether the offender is a sexual predator.	8592

(b) If division (C)(1)(a) of this section does not apply, the	8593
department shall determine whether to recommend that the offender	8594
be adjudicated a sexual predator. In making a determination under	8595
this division as to whether to recommend that the offender be	8596
adjudicated a sexual predator, the department shall consider all	8597
relevant factors, including, but not limited to, all of the	8598
factors specified in divisions (B)(2) and (3) of this section. If	8599
the department determines that it will recommend that the offender	8600
be adjudicated a sexual predator, it immediately shall send the	8601
recommendation to the court that sentenced the offender. If the	8602
department determines that it will not recommend that the offender	8603
be adjudicated a sexual predator, it immediately shall send its	8604
determination to the court that sentenced the offender. In all	8605
cases, the department shall enter its determination and	8606
recommendation in the offender's institutional record, and the	8607
court shall proceed in accordance with division (C)(2) of this	8608
section.	8609

(2)(a) If the department of rehabilitation and correction	8610
sends to a court a notice under division (C)(1)(a) of this	8611
section, the court shall conduct a hearing to determine whether	8612
the subject offender is a sexual predator. If, pursuant to	8613
division (C)(1)(b) of this section, the department sends to a	8614
court a recommendation that an offender be adjudicated a sexual	8615
predator, the court is not bound by the department's	8616
recommendation, and the court shall conduct a hearing to determine	8617
whether the offender is a sexual predator. The court shall not	8618
make a determination as to whether the offender is, or is not, a	8619
sexual predator without a hearing. The court may hold the hearing	8620
and make the determination prior to the offender's release from	8621
imprisonment or at any time within one year following the	8622
offender's release from that imprisonment.	8623

(b) If, pursuant to division (C)(1)(b) of this section, the	8624
department sends to the court a determination that it is not	8625
recommending that an offender be adjudicated a sexual predator,	8626
the court shall not make any determination as to whether the	8627
offender is, or is not, a sexual predator but shall determine	8628
whether the offender previously has been convicted of or pleaded	8629
guilty to a sexually oriented offense other than the offense in	8630
relation to which the department made its determination or	8631
previously has been convicted of or pleaded guilty to a	8632
child-victim oriented offense.	8633

The court may conduct a hearing to determine whether the	8634
offender previously has been convicted of or pleaded guilty to a	8635
sexually oriented offense or a child-victim oriented offense but	8636
may make the determination without a hearing. However, if the	8637
court determines that the offender previously has been convicted	8638
of or pleaded guilty to such an offense, it shall not impose a	8639
requirement that the offender be subject to the community	8640
notification provisions contained in sections 2950.10 and 2950.11	8641
of the Revised Code without a hearing. In determining whether to	8642
impose the community notification requirement, the court, in the	8643
circumstances described in division (E)(2) of this section, shall	8644
apply the presumption specified in that division. The court shall	8645
include in the offender's institutional record any determination	8646
made under this division as to whether the offender previously has	8647
been convicted of or pleaded guilty to a sexually oriented offense	8648
or child-victim oriented offense and, as such, whether the	8649
offender is a habitual sex offender.	8650

(c) Upon scheduling a hearing under division (C)(2)(a) or (b)	8651
of this section, the court shall give the offender and the	8652
prosecutor who prosecuted the offender for the sexually oriented	8653
offense, or that prosecutor's successor in office, notice of the	8654
date, time, and place of the hearing. If the hearing is scheduled	8655
under division (C)(2)(a) of this section to determine whether the	8656
offender is a sexual predator, the prosecutor who is given the	8657
notice may contact the department of rehabilitation and correction	8658
and request that the department provide to the prosecutor all	8659
information the department possesses regarding the offender that	8660
is relevant and necessary for use in making the determination as	8661
to whether the offender is a sexual predator and that is not	8662
privileged or confidential under law. If the prosecutor makes a	8663
request for that information, the department promptly shall	8664
provide to the prosecutor all information the department possesses	8665
regarding the offender that is not privileged or confidential	8666
under law and that is relevant and necessary for making that	8667
determination. The court shall conduct a hearing scheduled under	8668
division (C)(2)(a) of this section to determine whether the	8669
offender is a sexual predator in the manner described in division	8670
(B)(1) of this section regarding hearings conducted under that	8671
division. In making a determination under this division as to	8672
whether the offender is a sexual predator, the court shall	8673
consider all relevant factors, including, but not limited to, all	8674
of the factors specified in divisions (B)(2) and (3) of this	8675
section. After reviewing all testimony and evidence presented at	8676
the sexual predator hearing and the factors specified in divisions	8677
(B)(2) and (3) of this section, the court shall determine by clear	8678
and convincing evidence whether the offender is a sexual predator.	8679
If the court determines at the sexual predator hearing that the	8680
offender is not a sexual predator, it also shall determine whether	8681
the offender previously has been convicted of or pleaded guilty to	8682
a sexually oriented offense other than the offense in relation to	8683
which the hearing is being conducted.	8684

Upon making its determinations at the sexual predator	8685
hearing, the court shall proceed as follows:	8686

(i) If the court determines that the offender is not a sexual	8687
predator and that the offender previously has not been convicted	8688
of or pleaded guilty to a sexually oriented offense other than the	8689
offense in relation to which the hearing is being conducted and	8690
previously has not been convicted of or pleaded guilty to a	8691
child-victim oriented offense, it shall include in the offender's	8692
institutional record its determinations and the reason or reasons	8693
why it determined that the offender is not a sexual predator.	8694

(ii) If the court determines that the offender is not a	8695
sexual predator but that the offender previously has been	8696
convicted of or pleaded guilty to a sexually oriented offense	8697
other than the offense in relation to which the hearing is being	8698
conducted or previously has been convicted of or pleaded guilty to	8699
a child-victim oriented offense, it shall include in the	8700
offender's institutional record its determination that the	8701
offender is not a sexual predator but is a habitual sex offender	8702
and the reason or reasons why it determined that the offender is	8703
not a sexual predator. The court shall attach the determinations	8704
and the reason or reasons to the offender's sentence, shall	8705
specify that the determinations were pursuant to division (C) of	8706
this section, and shall provide a copy of the determinations and	8707
the reason or reasons to the offender, to the prosecuting	8708
attorney, and to the department of rehabilitation and correction.	8709
The court may impose a requirement that the offender be subject to	8710
the community notification provisions contained in sections	8711
2950.10 and 2950.11 of the Revised Code. In determining whether to	8712
impose the community notification requirement, the court, in the	8713
circumstances described in division (E)(2) of this section, shall	8714
apply the presumption specified in that division. The offender	8715
shall not be subject to those community notification provisions	8716
relative to the sexually oriented offense in question if the court	8717
does not so impose the requirement described in this division. If	8718
the court imposes that requirement, the offender may appeal the	8719
judge's determination that the offender is a habitual sex	8720
offender.	8721

(iii) If the court determines by clear and convincing	8722
evidence that the offender is a sexual predator, it shall enter	8723
its determination in the offender's institutional record, shall	8724
attach the determination to the offender's sentence, shall specify	8725
that the determination was pursuant to division (C) of this	8726
section, and shall provide a copy of the determination to the	8727
offender, to the prosecuting attorney, and to the department of	8728
rehabilitation and correction. The offender and the prosecutor may	8729
appeal as a matter of right the judge's determination under	8730
divisions (C)(2)(a) and (c) of this section as to whether the	8731
offender is, or is not, a sexual predator.	8732

If the hearing is scheduled under division (C)(2)(b) of this	8733
section to determine whether the offender previously has been	8734
convicted of or pleaded guilty to a sexually oriented offense or a	8735
child-victim oriented offense or whether to subject the offender	8736
to the community notification provisions contained in sections	8737
2950.10 and 2950.11 of the Revised Code, upon making the	8738
determination, the court shall attach the determination or	8739
determinations to the offender's sentence, shall provide a copy to	8740
the offender, to the prosecuting attorney, and to the department	8741
of rehabilitation and correction, and may impose a requirement	8742
that the offender be subject to the community notification	8743
provisions. In determining whether to impose the community	8744
notification requirements, the court, in the circumstances	8745
described in division (E)(2) of this section, shall apply the	8746
presumption specified in that division. The offender shall not be	8747
subject to the community notification provisions relative to the	8748
sexually oriented offense in question if the court does not so	8749
impose the requirement described in this division. If the court	8750
imposes that requirement, the offender may appeal the judge's	8751
determination that the offender is a habitual sex offender.	8752

(D)(1) A person who has been adjudicated a delinquent child	8753
for committing a sexually oriented offense and who has been	8754
classified by a juvenile court judge a juvenile offender	8755
registrant or, if applicable, additionally has been determined by	8756
a juvenile court judge to be a sexual predator or habitual sex	8757
offender, may petition the adjudicating court for a	8758
reclassification or declassification pursuant to section 2152.85	8759
of the Revised Code.	8760

A judge who is reviewing a sexual predator determination for	8761
a delinquent child under section 2152.84 or 2152.85 of the Revised	8762
Code shall comply with this section. At the hearing, the judge	8763
shall consider all relevant evidence and information, including,	8764
but not limited to, the factors set forth in division (B)(3) of	8765
this section. The judge shall not enter a determination that the	8766
delinquent child no longer is a sexual predator unless the judge	8767
determines by clear and convincing evidence that the delinquent	8768
child is unlikely to commit a sexually oriented offense in the	8769
future. If the judge enters a determination under this division	8770
that the delinquent child no longer is a sexual predator, the	8771
judge shall notify the bureau of criminal identification and	8772
investigation of the determination and shall include in the notice	8773
a statement of the reason or reasons why it determined that the	8774
delinquent child no longer is a sexual predator. Upon receipt of	8775
the notification, the bureau promptly shall notify the sheriff	8776
with whom the delinquent child most recently registered under	8777
section 2950.04 or 2950.05 of the Revised Code of the	8778
determination that the delinquent child no longer is a sexual	8779
predator.	8780

(2) If an offender who has been convicted of or pleaded	8781
guilty to a sexually oriented offense is classified a sexual	8782
predator pursuant to division (A) of this section or has been	8783
adjudicated a sexual predator relative to the offense as described	8784
in division (B) or (C) of this section, subject to division (F) of	8785
this section, the classification or adjudication of the offender	8786
as a sexual predator is permanent and continues in effect until	8787
the offender's death, and in no case shall the classification or	8788
adjudication be removed or terminated.	8789

(E)(1) The judge who is to impose sentence on or after the	8790
effective date of this section on a person who is convicted of or	8791
pleads guilty to a sexually oriented offense that was committed	8792
before January 1, 2008, shall determine, prior to sentencing,	8793
whether the offender previously has been convicted of or pleaded	8794
guilty to, or been adjudicated a delinquent child for committing,	8795
a sexually oriented offense or a child-victim oriented offense and	8796
is a habitual sex offender.	8797

The judge who is to impose or has imposed an order of	8798
disposition on or after the effective date of this section upon a	8799
child who is adjudicated a delinquent child for committing before	8800
January 1, 2008, a sexually oriented offense shall determine prior	8801
to entering the order classifying the delinquent child a juvenile	8802
offender registrant whether the delinquent child previously has	8803
been convicted of or pleaded guilty to, or been adjudicated a	8804
delinquent child for committing, a sexually oriented offense or a	8805
child-victim oriented offense and is a habitual sex offender if	8806
either of the following applies:	8807

(a) The judge is required by section 2152.82 or division (A)	8808
of section 2152.83 of the Revised Code to classify the child a	8809
juvenile offender registrant.	8810

(b) Division (B) of section 2152.83 of the Revised Code	8811
applies regarding the child, the judge conducts a hearing under	8812
that division for the purposes described in that division, and the	8813
judge determines at that hearing that the child is a juvenile	8814
offender registrant.	8815

(2) If, under division (E)(1) of this section, the judge	8816
determines that the offender or delinquent child previously has	8817
not been convicted of or pleaded guilty to, or been adjudicated a	8818
delinquent child for committing, a sexually oriented offense or a	8819
child-victim oriented offense or that the offender otherwise does	8820
not satisfy the criteria for being a habitual sex offender, the	8821
judge shall specify in the offender's sentence or in the order	8822
classifying the delinquent child a juvenile offender registrant	8823
that the judge has determined that the offender or delinquent	8824
child is not a habitual sex offender.	8825

If, under division (E)(1) of this section, the judge	8826
determines that the offender or delinquent child previously has	8827
been convicted of or pleaded guilty to, or been adjudicated a	8828
delinquent child for committing, a sexually oriented offense or a	8829
child-victim oriented offense and that the offender satisfies all	8830
other criteria for being a habitual sex offender, the offender or	8831
delinquent child is a habitual sex offender or habitual	8832
child-victim offender, and the court shall determine whether to	8833
impose a requirement that the offender or delinquent child be	8834
subject to the community notification provisions in sections	8835
2950.10 and 2950.11 of the Revised Code. In making the	8836
determination regarding the possible imposition of the community	8837
notification requirement, if at least two of the sexually oriented	8838
offenses or child-victim oriented offenses that are the basis of	8839
the habitual sex offender or habitual child-victim offender	8840
determination were committed against a victim who was under	8841
eighteen years of age, it is presumed that subjecting the offender	8842
or delinquent child to the community notification provisions is	8843
necessary to comply with the determinations, findings, and	8844
declarations of the general assembly regarding sex offenders and	8845
child-victim offenders set forth in section 2950.02 of the Revised	8846
Code. When a judge determines that an offender or delinquent child	8847
is a habitual sex offender or a habitual child-victim offender,	8848
the judge shall specify in the offender's sentence and the	8849
judgment of conviction that contains the sentence or in the order	8850
classifying the delinquent child a juvenile offender registrant	8851
that the judge has determined that the offender or delinquent	8852
child is a habitual sex offender. The judge may impose a	8853
requirement in that sentence and judgment of conviction or in that	8854
order that the offender or delinquent child is subject to the	8855
community notification provisions in sections 2950.10 and 2950.11	8856
of the Revised Code. Unless the habitual sex offender also has	8857
been adjudicated a sexual predator relative to the sexually	8858
oriented offense in question or the habitual sex offender was	8859
convicted of or pleaded guilty to an aggravated sexually oriented	8860
offense, the offender or delinquent child is subject to those	8861
community notification provisions only if the court imposes the	8862
requirement described in this division in the offender's sentence	8863
and the judgment of conviction or in the order classifying the	8864
delinquent child a juvenile offender registrant. If the court	8865
determines pursuant to this division or division (C)(2) of this	8866
section that an offender is a habitual sex offender, the	8867
determination is permanent and continues in effect until the	8868
offender's death, and in no case shall the determination be	8869
removed or terminated.	8870

If a court in another state, a federal court, military court,	8871
or Indian tribal court or a court in any nation other than the	8872
United States determines a person to be a habitual sex offender in	8873
that jurisdiction, the person is considered to be determined to be	8874
a habitual sex offender in this state. If the court in the other	8875
state, federal court, military court, or Indian tribal court or	8876
the court in the nation other than the United States subjects the	8877
habitual sex offender to community notification regarding the	8878
person's place of residence, the person, as much as is	8879
practicable, is subject to the community notification provisions	8880
regarding the person's place of residence that are in sections	8881
2950.10 and 2950.11 of the Revised Code, unless the court that so	8882
subjected the person to community notification determines that the	8883
person no longer is subject to community notification.	8884

(F)(1) An offender or delinquent child classified a sexual	8885
predator may petition the court of common pleas or, for a	8886
delinquent child, the juvenile court of the county in which the	8887
offender or delinquent child resides or temporarily is domiciled	8888
to enter a determination that the offender or delinquent child is	8889
not an adjudicated sexual predator in this state for purposes of	8890
the registration and other requirements of this chapter or the	8891
community notification provisions contained in sections 2950.10	8892
and 2950.11 of the Revised Code if all of the following apply:	8893

(a) The offender or delinquent child was convicted, pleaded	8894
guilty, or was adjudicated a delinquent child in a court of	8895
another state, in a federal court, military court, or Indian	8896
tribal court, or in a court of any nation other than the United	8897
States for committing a sexually oriented offense.	8898

(b) As a result of the conviction, guilty plea, or	8899
adjudication described in division (F)(1)(a) of this section, the	8900
offender or delinquent child is required under the law of the	8901
jurisdiction under which the offender or delinquent child was	8902
convicted, pleaded guilty, or was adjudicated to register as a sex	8903
offender until the offender's or delinquent child's death.	8904

(c) The offender or delinquent child was automatically	8905
classified a sexual predator under division (A) of this section in	8906
relation to the conviction, guilty plea, or adjudication described	8907
in division (F)(1)(a) of this section.	8908

(2) The court may enter a determination that the offender or	8909
delinquent child filing the petition described in division (F)(1)	8910
of this section is not an adjudicated sexual predator in this	8911
state for purposes of the registration and other requirements of	8912
this chapter or the community notification provisions in sections	8913
2950.10 and 2950.11 of the Revised Code only if the offender or	8914
delinquent child proves by clear and convincing evidence that the	8915
requirement of the other jurisdiction that the offender or	8916
delinquent child register as a sex offender until the offender's	8917
or delinquent child's death is not substantially similar to a	8918
classification as a sexual predator for purposes of this chapter.	8919
If the court enters a determination that the offender or	8920
delinquent child is not an adjudicated sexual predator in this	8921
state for those purposes, the court shall include in the	8922
determination a statement of the reason or reasons why it so	8923
determined.	8924

(G) If, prior to July 31, 2003, an offender or delinquent	8925
child was adjudicated a sexual predator or was determined to be a	8926
habitual sex offender under this section or section 2152.82,	8927
2152.83, 2152.84, or 2152.85 of the Revised Code and if, on and	8928
after July 31, 2003, the sexually oriented offense upon which the	8929
classification or determination was based no longer is considered	8930
a sexually oriented offense but instead is a child-victim oriented	8931
offense, notwithstanding the redesignation of that offense, on and	8932
after July 31, 2003, all of the following apply:	8933

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section	8934
2950.091 of the Revised Code apply regarding the offender or	8935
child, and the judge's classification or determination made prior	8936
to July 31, 2003, shall be considered for all purposes to be a	8937
classification or determination that classifies the offender or	8938
child as described in those divisions.	8939

(2) The offender's or child's classification or determination	8940
under divisions (A)(1) and (2) or (E)(1) and (2) of section	8941
2950.091 of the Revised Code shall be considered for purposes of	8942
section 2950.07 of the Revised Code and for all other purposes to	8943
be a continuation of the classification or determination made	8944
prior to July 31, 2003.	8945

(3) The offender's or child's duties under this chapter	8946
relative to that classification or determination shall be	8947
considered for all purposes to be a continuation of the duties	8948
related to that classification or determination as they existed	8949
prior to July 31, 2003.	8950

Sec. 2950.091. (A)(1) If, prior to July 31, 2003, a person	8951
was convicted of, pleaded guilty to, or was adjudicated a	8952
delinquent child for committing, a sexually oriented offense, if,	8953
prior to July 31, 2003, the offender or delinquent child was	8954
classified a sexual predator in relation to that offense pursuant	8955
to division (A) of section 2950.09 of the Revised Code as it then	8956
existed, and if, on and after July 31, 2003, the sexually oriented	8957
offense upon which the classification was based no longer is	8958
considered a sexually oriented offense but instead is a	8959
child-victim oriented offense, notwithstanding the redesignation	8960
of the offense, the classification of the offender or child as a	8961
sexual predator remains valid and in effect on and after July 31,	8962
2003, and on and after the effective date of this section.	8963

(2) If, prior to July 31, 2003, a person was convicted of,	8964
pleaded guilty to, or was adjudicated a delinquent child for	8965
committing a sexually oriented offense, if, prior to July 31,	8966
2003, the offender or delinquent child was adjudicated a sexual	8967
predator in relation to that offense under section 2950.09 or	8968
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	8969
as they then existed, if, on and after July 31, 2003, the sexually	8970
oriented offense upon which the adjudication was based no longer	8971
is considered a sexually oriented offense but instead is a	8972
child-victim oriented offense, and if division (A)(1) of this	8973
section does not apply, notwithstanding the redesignation of the	8974
offense, on and after July 31, 2003, and on and after the	8975
effective date of this section, the offender or delinquent child	8976
automatically is classified a child-victim predator. If a person	8977
is convicted, pleads guilty, or is adjudicated a delinquent child	8978
in a court of another state, in a federal court, military court,	8979
or Indian tribal court, or in a court of any nation other than the	8980
United States for committing before January 1, 2008, a	8981
child-victim oriented offense, and if, as a result of that	8982
conviction, plea of guilty, or adjudication, the person is	8983
required under the law of the jurisdiction in which the person was	8984
convicted, pleaded guilty, or adjudicated to register as a	8985
child-victim offender or sex offender until the person's death,	8986
that conviction, plea of guilty, or adjudication automatically	8987
classifies the person a child-victim predator for the purposes of	8988
this chapter, but the person may challenge that classification	8989
pursuant to division (F) of this section.	8990

(3) In all cases not described in division (A)(1) or (2) of	8991
this section, a person or delinquent child who commits before	8992
January 1, 2008, a child-victim oriented offense may be classified	8993
a child-victim predator for purposes of this chapter only in	8994
accordance with division (B) or (C) of this section or, regarding	8995
delinquent children, divisions (B) and (C) of section 2152.83 of	8996
the Revised Code.	8997

(B)(1)(a) Except as otherwise provided in this division, the	8998
judge who is to impose sentence on a person who is convicted of or	8999
pleads guilty to a child-victim oriented offense that was	9000
committed before January 1, 2008, shall conduct a hearing to	9001
determine whether the offender is a child-victim predator. The	9002
court shall not conduct a hearing under this division if the	9003
person automatically is classified a sexual predator or	9004
child-victim predator as described in division (A) of this	9005
section.	9006

(b) The judge who is to impose an order of disposition upon a	9007
child who is adjudicated a delinquent child for committing before	9008
January 1, 2008, a child-victim oriented offense shall conduct a	9009
hearing to determine whether the child is a child-victim predator	9010
if either of the following applies:	9011

(i) The judge is required by section 2152.82 or division (A)	9012
of section 2152.83 of the Revised Code to classify the child a	9013
juvenile offender registrant.	9014

(ii) Division (B) of section 2152.83 of the Revised Code	9015
applies regarding the child, the judge conducts a hearing under	9016
that division for the purposes described in that division, and the	9017
judge determines at that hearing that the child is a juvenile	9018
offender registrant.	9019

(2) The judge shall conduct the hearing required by division	9020
(B)(1)(a) of this section for an offender prior to sentencing,	9021
and, if the child-victim oriented offense for which sentence is to	9022
be imposed is a felony and the hearing is being conducted under	9023
division (B)(1)(a) of this section, the judge may conduct it as	9024
part of the sentencing hearing required by section 2929.19 of the	9025
Revised Code. The judge may conduct the hearing required by	9026
division (B)(1)(b) of this section for a delinquent child at the	9027
same time as, or separate from, the dispositional hearing, as	9028
specified in the applicable provision of section 2152.82 or	9029
2152.83 of the Revised Code. The court shall give the offender or	9030
delinquent child and the prosecutor who prosecuted the offender or	9031
handled the case against the delinquent child for the child-victim	9032
oriented offense notice of the date, time, and location of the	9033
hearing. At the hearing, the offender or delinquent child and the	9034
prosecutor have the same opportunities and rights as described in	9035
division (B)(2) of section 2950.09 of the Revised Code regarding	9036
sexual predator hearings.	9037

(3) In making a determination under divisions (B)(1) and (4)	9038
of this section as to whether an offender or delinquent child is a	9039
child-victim predator, the judge shall consider all relevant	9040
factors, including, but not limited to, all of the factors	9041
identified in division (B)(3) of section 2950.09 of the Revised	9042
Code regarding sexual predator hearings, except that all	9043
references in those factors to any "sexual offense" or "sexually	9044
oriented offense" shall be construed for purposes of this division	9045
as being references to a "child-victim oriented offense," and all	9046
references in the factors so identified to "sexual offenders"	9047
shall be construed for purposes of this division as being	9048
references to "child-victim offenders."	9049

(4) After reviewing all testimony and evidence presented at	9050
the hearing conducted under division (B)(1) of this section and	9051
the factors specified in division (B)(3) of this section, the	9052
court shall determine by clear and convincing evidence whether the	9053
subject offender or delinquent child is a child-victim predator.	9054
If the court determines that the subject offender or delinquent	9055
child is not a child-victim predator, the court shall specify in	9056
the offender's sentence and the judgment of conviction that	9057
contains the sentence or in the delinquent child's dispositional	9058
order, as appropriate, that the court has determined that the	9059
offender or delinquent child is not a child-victim predator and	9060
the reason or reasons why the court determined that the subject	9061
offender or delinquent child is not a child-victim predator. If	9062
the court determines by clear and convincing evidence that the	9063
subject offender or delinquent child is a child-victim predator,	9064
the court shall specify in the offender's sentence and the	9065
judgment of conviction that contains the sentence or in the	9066
delinquent child's dispositional order, as appropriate, that the	9067
court has determined that the offender or delinquent child is a	9068
child-victim predator and that the determination was pursuant to	9069
division (B) of this section. The offender or delinquent child and	9070
the prosecutor who prosecuted the offender or handled the case	9071
against the delinquent child for the child-victim oriented offense	9072
in question may appeal as a matter of right the court's	9073
determination under this division as to whether the offender or	9074
delinquent child is, or is not, a child-victim predator.	9075

(C)(1) If a person was convicted of or pleaded guilty to a	9076
child-victim oriented offense that was committed before January 1,	9077
2008, or a sexually oriented offense committed before that date	9078
that on and after July 31, 2003, is a child-victim oriented	9079
offense, if the person is serving a term of imprisonment in a	9080
state correctional institution as of the effective date of this	9081
section, and if the person previously has not received a hearing	9082
to determine whether the person is a child-victim predator, the	9083
department of rehabilitation and correction shall determine	9084
whether to recommend that the offender be adjudicated a	9085
child-victim predator. In making a determination under this	9086
division as to whether to recommend that the offender be	9087
adjudicated a child-victim predator, the department shall consider	9088
all relevant factors, including, but not limited to, all of the	9089
factors specified in divisions (B)(2) and (3) of this section. If	9090
the department determines that it will recommend that the offender	9091
be adjudicated a child-victim predator or determines that it will	9092
not recommend that the offender be adjudicated a child-victim	9093
predator, it immediately shall send its recommendation or	9094
determination to the court that sentenced the offender. In all	9095
cases, the department shall enter its determination and	9096
recommendation in the offender's institutional record, and the	9097
court shall proceed in accordance with division (C)(2) of this	9098
section.	9099

(2)(a) If, pursuant to division (C)(1) of this section, the	9100
department of rehabilitation and correction sends to a court a	9101
recommendation that an offender be adjudicated a child-victim	9102
predator, the court is not bound by the department's	9103
recommendation, and the court shall conduct a hearing to determine	9104
whether the offender is a child-victim predator. The court shall	9105
not make a determination as to whether the offender is, or is not,	9106
a child-victim predator without a hearing. The court may hold the	9107
hearing and make the determination prior to the offender's release	9108
from imprisonment or at any time within one year following the	9109
offender's release from that imprisonment.	9110

(b) If, pursuant to division (C)(1) of this section, the	9111
department sends to the court a determination that it is not	9112
recommending that an offender be adjudicated a child-victim	9113
predator, the court shall not make any determination as to whether	9114
the offender is, or is not, a child-victim predator but shall	9115
determine whether the offender previously has been convicted of or	9116
pleaded guilty to a child-victim oriented offense other than the	9117
offense in relation to which the department made its	9118
determination.	9119

The court may conduct a hearing to determine whether the	9120
offender previously has been convicted of or pleaded guilty to a	9121
child-victim oriented offense but may make the determination	9122
without a hearing. However, if the court determines that the	9123
offender previously has been convicted of or pleaded guilty to	9124
such an offense, it shall not impose a requirement that the	9125
offender be subject to the community notification provisions	9126
contained in sections 2950.10 and 2950.11 of the Revised Code	9127
without a hearing. The court shall include in the offender's	9128
institutional record any determination made under this division as	9129
to whether the offender previously has been convicted of or	9130
pleaded guilty to a child-victim oriented offense and whether the	9131
offender is a habitual child-victim offender.	9132

(c) Upon scheduling a hearing under division (C)(2)(a) or (b)	9133
of this section, the court shall give the offender and the	9134
prosecutor who prosecuted the offender for the child-victim	9135
oriented offense, or that prosecutor's successor in office, notice	9136
of the date, time, and place of the hearing. If the hearing is	9137
scheduled under division (C)(2)(a) of this section to determine	9138
whether the offender is a child-victim predator, it shall be	9139
conducted in the manner described in division (B)(1) of this	9140
section regarding hearings conducted under that division. In	9141
making a determination under this division as to whether the	9142
offender is a child-victim predator, the court shall consider all	9143
relevant factors, including, but not limited to, all of the	9144
factors specified in divisions (B)(2) and (3) of this section.	9145
After reviewing all testimony and evidence presented at the	9146
child-victim predator hearing and the factors specified in	9147
divisions (B)(2) and (3) of this section, the court shall	9148
determine by clear and convincing evidence whether the offender is	9149
a child-victim predator. If the court determines at the	9150
child-victim predator hearing that the offender is not a	9151
child-victim predator, it also shall determine whether the	9152
offender previously has been convicted of or pleaded guilty to a	9153
child-victim oriented offense other than the offense in relation	9154
to which the hearing is being conducted.	9155

Upon making its determinations at the child-victim predator	9156
hearing, the court shall proceed as follows:	9157

(i) If the court determines that the offender is not a	9158
child-victim predator and that the offender previously has not	9159
been convicted of or pleaded guilty to a child-victim oriented	9160
offense other than the offense in relation to which the hearing is	9161
being conducted, it shall include in the offender's institutional	9162
record its determinations and the reason or reasons why it	9163
determined that the offender is not a child-victim predator.	9164

(ii) If the court determines that the offender is not a	9165
child-victim predator but that the offender previously has been	9166
convicted of or pleaded guilty to a child-victim oriented offense	9167
other than the offense in relation to which the hearing is being	9168
conducted, it shall include in the offender's institutional record	9169
its determination that the offender is not a child-victim predator	9170
but is a habitual child-victim offender and the reason or reasons	9171
why it determined that the offender is not a child-victim	9172
predator. It shall attach the determinations and the reason or	9173
reasons to the offender's sentence, shall specify that the	9174
determinations were made pursuant to division (C) of this section,	9175
and shall provide a copy of the determinations and the reason or	9176
reasons to the offender, to the prosecuting attorney, and to the	9177
department of rehabilitation and correction. The court may impose	9178
a requirement that the offender be subject to the community	9179
notification provisions contained in sections 2950.10 and 2950.11	9180
of the Revised Code. The offender shall not be subject to those	9181
community notification provisions relative to the child-victim	9182
oriented offense in question if the court does not so impose the	9183
requirement described in this division. If the court imposes that	9184
requirement, the offender may appeal the judge's determination	9185
that the offender is a habitual child-victim offender.	9186

(iii) If the court determines by clear and convincing	9187
evidence that the offender is a child-victim predator, it shall	9188
enter its determination in the offender's institutional record. It	9189
shall attach the determination to the offender's sentence, shall	9190
specify that the determination was made pursuant to division (C)	9191
of this section, and shall provide a copy of the determination to	9192
the offender, to the prosecuting attorney, and to the department	9193
of rehabilitation and correction. The offender and the prosecutor	9194
may appeal as a matter of right the judge's determination under	9195
this division as to whether the offender is, or is not, a	9196
child-victim predator.	9197

If the hearing is scheduled under division (C)(2)(b) of this	9198
section to determine whether the offender previously has been	9199
convicted of or pleaded guilty to a child-victim oriented offense	9200
or whether to subject the offender to the community notification	9201
provisions contained in sections 2950.10 and 2950.11 of the	9202
Revised Code, upon making the determination, the court shall	9203
attach the determination or determinations to the offender's	9204
sentence. It shall provide a copy to the offender, to the	9205
prosecuting attorney, and to the department of rehabilitation and	9206
correction and may impose a requirement that the offender be	9207
subject to the community notification provisions. The offender	9208
shall not be subject to the community notification provisions	9209
relative to the child-victim oriented offense in question if the	9210
court does not so impose the requirement described in this	9211
division. If the court imposes that requirement, the offender may	9212
appeal the judge's determination that the offender is a habitual	9213
child-victim offender.	9214

(3) Divisions (C)(1) and (2) of this section do not require a	9215
court to conduct a new hearing under those divisions for any	9216
offender regarding a child-victim oriented offense if any of the	9217
following apply:	9218

(a) Prior to July 31, 2003, the court previously conducted a	9219
hearing under divisions (C)(1) and (2) of section 2950.09 of the	9220
Revised Code as they then existed regarding that offense, while it	9221
formerly was classified a sexually oriented offense, to determine	9222
whether the offender was a sexual predator.	9223

(b) Prior to July 31, 2003, and pursuant to divisions (C)(1)	9224
and (2) of section 2950.09 of the Revised Code as they then	9225
existed, the department of rehabilitation and correction	9226
recommended that the offender be adjudicated a sexual predator	9227
regarding that offense, while it formerly was classified a	9228
sexually oriented offense, and the court denied the recommendation	9229
and determined that the offender was not a sexual predator without	9230
a hearing, provided that this provision does not apply if the	9231
child-victim oriented offense in question was, regardless of the	9232
age of the victim of the offense, a violation of section 2903.01,	9233
2903.02, 2903.11, or 2905.01 of the Revised Code, or of division	9234
(A) of section 2903.04 of the Revised Code, that was committed	9235
with a sexual motivation.	9236

(D)(1) A person who has been adjudicated a delinquent child	9237
for committing a child-victim oriented offense and who has been	9238
classified by a juvenile court judge a juvenile offender	9239
registrant or, if applicable, additionally has been determined by	9240
a juvenile court judge to be a child-victim predator or habitual	9241
child-victim offender, may petition the adjudicating court for a	9242
reclassification or declassification pursuant to section 2152.85	9243
of the Revised Code.	9244

A judge who is reviewing a child-victim predator	9245
determination for a delinquent child under section 2152.84 or	9246
2152.85 of the Revised Code shall comply with this section. At the	9247
hearing, the judge shall consider all relevant evidence and	9248
information, including, but not limited to, the factors set forth	9249
in division (B)(3) of this section. The judge shall not enter a	9250
determination that the delinquent child no longer is a	9251
child-victim predator unless the judge determines by clear and	9252
convincing evidence that the delinquent child is unlikely to	9253
commit a child-victim oriented offense in the future. If the judge	9254
enters a determination under this division that the delinquent	9255
child no longer is a child-victim predator, the judge shall notify	9256
the bureau of criminal identification and investigation of the	9257
determination and shall include in the notice a statement of the	9258
reason or reasons why it determined that the delinquent child no	9259
longer is a child-victim predator. Upon receipt of the	9260
notification, the bureau promptly shall notify the sheriff with	9261
whom the delinquent child most recently registered under section	9262
2950.04 or 2950.05 of the Revised Code of the determination that	9263
the offender no longer is a child-victim predator.	9264

(2) If an offender who has been convicted of or pleaded	9265
guilty to a child-victim oriented offense is classified a	9266
child-victim predator pursuant to division (A) of this section or	9267
has been adjudicated a child-victim predator relative to the	9268
offense as described in division (B) or (C) of this section,	9269
subject to division (F) of this section, the classification or	9270
adjudication of the offender as a child-victim predator is	9271
permanent and continues in effect until the offender's death, and	9272
in no case shall the classification or adjudication be removed or	9273
terminated.	9274

(E)(1) If, prior to July 31, 2003, a person was convicted of,	9275
pleaded guilty to, or was adjudicated a delinquent child for	9276
committing a sexually oriented offense, if, on and after July 31,	9277
2003, the sexually oriented offense no longer is considered a	9278
sexually oriented offense but instead is a child-victim oriented	9279
offense, if, prior to July 31, 2003, a judge determined that the	9280
offender or delinquent child was a habitual sex offender, and if	9281
one or more of the offenses that was the basis of the offender or	9282
delinquent child being a habitual sex offender remains on and	9283
after July 31, 2003, a sexually oriented offense, notwithstanding	9284
the redesignation of the offense as described in this division,	9285
the determination and classification of that person as a habitual	9286
sex offender remains valid and in effect on and after July 31,	9287
2003, and on and after the effective date of this section.	9288

(2) If, prior to July 31, 2003, a person was convicted of,	9289
pleaded guilty to, or was adjudicated a delinquent child for	9290
committing a sexually oriented offense, if, on and after July 31,	9291
2003, the sexually oriented offense no longer is considered a	9292
sexually oriented offense but instead is a child-victim oriented	9293
offense, if, prior to July 31, 2003, a judge determined that the	9294
offender or delinquent child was a habitual sex offender, and if	9295
none of the offenses that was the basis of the offender or	9296
delinquent child being a habitual sex offender remains on and	9297
after July 31, 2003, a sexually oriented offense, on and after	9298
July 31, 2003, and on and after the effective date of this	9299
section, the offender or delinquent child automatically is	9300
classified a habitual child-victim offender.	9301

(3) The judge who is to impose sentence on or after the	9302
effective date of this section on a person who is convicted of or	9303
pleads guilty to a child-victim oriented offense committed before	9304
January 1, 2008, shall determine, prior to sentencing, whether the	9305
offender previously has been convicted of or pleaded guilty to, or	9306
been adjudicated a delinquent child for committing, a child-victim	9307
oriented offense and is a habitual child-victim offender.	9308

The judge who is to impose or has imposed an order of	9309
disposition on or after the effective date of this section upon a	9310
child who is adjudicated a delinquent child for committing before	9311
January 1, 2008, a child-victim oriented offense shall determine,	9312
prior to entering the order classifying the delinquent child a	9313
juvenile offender registrant, whether the delinquent child	9314
previously has been convicted of or pleaded guilty to, or been	9315
adjudicated a delinquent child for committing, a child-victim	9316
oriented offense and is a habitual child-victim offender, if	9317
either of the following applies:	9318

(a) The judge is required by section 2152.82 or division (A)	9319
of section 2152.83 of the Revised Code to classify the child a	9320
juvenile offender registrant.	9321

(b) Division (B) of section 2152.83 of the Revised Code	9322
applies regarding the child, the judge conducts a hearing under	9323
that division for the purposes described in that division, and the	9324
judge determines at that hearing that the child is a juvenile	9325
offender registrant.	9326

(4) If, under division (E)(3) of this section, the judge	9327
determines that the offender or delinquent child previously has	9328
not been convicted of or pleaded guilty to, or been adjudicated a	9329
delinquent child for committing, a child-victim oriented offense	9330
or that the offender otherwise does not satisfy the criteria for	9331
being a habitual child-victim offender, the judge shall specify in	9332
the offender's sentence or in the order classifying the delinquent	9333
child a juvenile child-victim offender registrant that the judge	9334
has determined that the offender or delinquent child is not a	9335
habitual child-victim offender.	9336

If, under division (E)(3) of this section, the judge	9337
determines that the offender or delinquent child previously has	9338
been convicted of or pleaded guilty to, or been adjudicated a	9339
delinquent child for committing, a child-victim oriented offense	9340
and that the offender satisfies all other criteria for being a	9341
habitual child-victim offender, the judge shall specify in the	9342
offender's sentence and the judgment of conviction that contains	9343
the sentence or in the order classifying the delinquent child a	9344
juvenile offender registrant that the judge has determined that	9345
the offender or delinquent child is a habitual child-victim	9346
offender and may impose a requirement in that sentence and	9347
judgment of conviction or in that order that the offender or	9348
delinquent child be subject to the community notification	9349
provisions contained in sections 2950.10 and 2950.11 of the	9350
Revised Code. Unless the habitual child-victim offender also has	9351
been adjudicated a child-victim predator relative to the	9352
child-victim oriented offense in question, the offender or	9353
delinquent child shall be subject to those community notification	9354
provisions only if the court imposes the requirement described in	9355
this division in the offender's sentence and the judgment of	9356
conviction or in the order classifying the delinquent child a	9357
juvenile offender registrant. If the court determines pursuant to	9358
this division or division (C)(2) of this section that an offender	9359
is a habitual child-victim offender, the determination is	9360
permanent and continues in effect until the offender's death, and	9361
in no case shall the determination be removed or terminated.	9362

If a court in another state, a federal court, military court,	9363
or Indian tribal court, or a court in any nation other than the	9364
United States determines a person is a habitual child-victim	9365
offender in that jurisdiction, the person is considered to be	9366
determined a habitual child-victim offender in this state. If the	9367
court in the other state, the federal court, military court, or	9368
Indian tribal court, or the court in any nation other than the	9369
United States subjects the habitual child-victim offender to	9370
community notification regarding the person's place of residence,	9371
the person, as much as is practicable, is subject to the community	9372
notification provisions regarding the person's place of residence	9373
that are contained in sections 2950.10 and 2950.11 of the Revised	9374
Code, unless the court that so subjected the person to community	9375
notification determines that the person no longer is subject to	9376
community notification.	9377

(F)(1) An offender or delinquent child classified a	9378
child-victim predator may petition the court of common pleas or,	9379
for a delinquent child, the juvenile court of the county in which	9380
the offender or delinquent child resides or temporarily is	9381
domiciled to enter a determination that the offender or delinquent	9382
child is not an adjudicated child-victim predator in this state	9383
for purposes of the registration and other requirements of this	9384
chapter or the community notification provisions contained in	9385
sections 2950.10 and 2950.11 of the Revised Code if all of the	9386
following apply:	9387

(a) The offender or delinquent child was convicted, pleaded	9388
guilty, or was adjudicated a delinquent child in a court of	9389
another state, in a federal court, military court, or Indian	9390
tribal court, or in a court of any nation other than the United	9391
States for committing a child-victim oriented offense.	9392

(b) As a result of the conviction, guilty plea, or	9393
adjudication described in division (F)(1)(a) of this section, the	9394
offender or delinquent child is required under the law of the	9395
jurisdiction under which the offender or delinquent child was	9396
convicted, pleaded guilty, or was adjudicated to register as a	9397
child-victim offender until the offender's or delinquent child's	9398
death.	9399

(c) The offender or delinquent child was automatically	9400
classified a child-victim predator under division (A) of this	9401
section in relation to the conviction, guilty plea, or	9402
adjudication described in division (F)(1)(a) of this section.	9403

(2) The court may enter a determination that the offender or	9404
delinquent child filing the petition described in division (F)(1)	9405
of this section is not an adjudicated child-victim predator in	9406
this state for purposes of the registration and other requirements	9407
of this chapter or the community notification provisions contained	9408
in sections 2950.10 and 2950.11 of the Revised Code only if the	9409
offender or delinquent child proves by clear and convincing	9410
evidence that the requirement of the other jurisdiction that the	9411
offender or delinquent child register as a child-victim offender	9412
until the offender's or delinquent child's death is not	9413
substantially similar to a classification as a child-victim	9414
predator for purposes of this chapter. If the court enters a	9415
determination that the offender or delinquent child is not an	9416
adjudicated child-victim predator in this state for those	9417
purposes, the court shall include in the determination a statement	9418
of the reason or reasons why it so determined.	9419

Sec. 2950.10. (A)(1) Regardless of when the sexually	9420
oriented offense or child-victim oriented offense was committed,	9421
if a person is convicted of, pleads guilty to, has been convicted	9422
of, or has pleaded guilty to a sexually oriented offense or a	9423
child-victim oriented offense or a person is or has been	9424
adjudicated a delinquent child for committing a sexually oriented	9425
offense or a child-victim oriented offense and is classified a	9426
juvenile offender registrant or is an out-of-state juvenile	9427
offender registrant based on that adjudication, if the offender or	9428
delinquent child is in any category specified in division	9429
(B)(1)(a), (b), or (c), (d), or (e) of this section, if the	9430
offender or delinquent child registers with a sheriff pursuant to	9431
section 2950.04, 2950.041, or 2950.05 of the Revised Code, and if	9432
the victim of the sexually oriented offense or child-victim	9433
oriented offense has made a request in accordance with rules	9434
adopted by the attorney general that specifies that the victim	9435
would like to be provided the notices described in this section,	9436
the sheriff shall notify the victim of the sexually oriented	9437
offense or child-victim oriented offense, in writing, that the	9438
offender or delinquent child has registered and shall include in	9439
the notice the offender's name and photograph, and the address or	9440
addresses of the offender's residence, school, institution of	9441
higher education, or place of employment, as applicable, or the	9442
delinquent child's name, photograph, and residence address or	9443
addresses. The sheriff shall provide the notice required by this	9444
division to the victim at the most recent residence address	9445
available for that victim and not later than five days after the	9446
offender or delinquent child registers with the sheriff.	9447

(2) Regardless of when the sexually oriented offense or	9448
child-victim oriented offense was committed, if a person is	9449
convicted of, pleads guilty to, has been convicted of, or has	9450
pleaded guilty to a sexually oriented offense or a child-victim	9451
oriented offense or a person is or has been adjudicated a	9452
delinquent child for committing a sexually oriented offense or a	9453
child-victim oriented offense and is classified a juvenile	9454
offender registrant or is an out-of-state juvenile offender	9455
registrant based on that adjudication, if the offender or	9456
delinquent child is in any category specified in division	9457
(B)(1)(a), (b), or (c), (d), or (e) of this section, if the	9458
offender or delinquent child registers with a sheriff pursuant to	9459
section 2950.04, 2950.041, or 2950.05 of the Revised Code, if the	9460
victim of the sexually oriented offense or child-victim oriented	9461
offense has made a request in accordance with rules adopted by the	9462
attorney general that specifies that the victim would like to be	9463
provided the notices described in this section, and if the	9464
offender notifies the sheriff of a change of residence, school,	9465
institution of higher education, or place of employment address or	9466
the delinquent child notifies the sheriff of a change of residence	9467
address pursuant to section 2950.05 of the Revised Code, the	9468
sheriff shall notify the victim of the sexually oriented offense	9469
or child-victim oriented offense, in writing, that the offender's	9470
or delinquent child's address has changed and shall include in the	9471
notice the offender's name and photograph, and the new address or	9472
addresses of the offender's residence, school, institution of	9473
higher education, or place of employment, as applicable, or the	9474
delinquent child's name, photograph, and new residence address or	9475
addresses. The sheriff shall provide the notice required by this	9476
division to the victim at the most recent residence address	9477
available for that victim and no later than five days after the	9478
offender or delinquent child notifies the sheriff of the change in	9479
the offender's or delinquent child's residence, school,	9480
institution of higher education, or place of employment address.	9481

(3) Regardless of when the sexually oriented offense or	9482
child-victim oriented offense was committed, if a person is	9483
convicted of, pleads guilty to, has been convicted of, or has	9484
pleaded guilty to a sexually oriented offense or a child-victim	9485
oriented offense or a person is or has been adjudicated a	9486
delinquent child for committing a sexually oriented offense or a	9487
child-victim oriented offense and is classified a juvenile	9488
offender registrant or is an out-of-state juvenile offender	9489
registrant based on that adjudication, and if the offender or	9490
delinquent child is in any category specified in division	9491
(B)(1)(a), (b), or (c), (d), or (e) of this section, the victim of	9492
the offense may make a request in accordance with rules adopted by	9493
the attorney general pursuant to section 2950.13 of the Revised	9494
Code that specifies that the victim would like to be provided the	9495
notices described in divisions (A)(1) and (2) of this section. If	9496
the victim makes a request in accordance with those rules, the	9497
sheriff described in divisions (A)(1) and (2) of this section	9498
shall provide the victim with the notices described in those	9499
divisions.	9500

(4) If a victim makes a request as described in division	9501
(A)(3) of this section that specifies that the victim would like	9502
to be provided the notices described in divisions (A)(1) and (2)	9503
of this section, all information a sheriff obtains regarding the	9504
victim from or as a result of the request is confidential, and the	9505
information is not a public record open for inspection under	9506
section 149.43 of the Revised Code.	9507

(5) The notices described in divisions (A)(1) and (2) of this	9508
section are in addition to any notices regarding the offender or	9509
delinquent child that the victim is entitled to receive under	9510
Chapter 2930. of the Revised Code.	9511

(B)(1) The duties to provide the notices described in	9512
divisions (A)(1) and (2) of this section apply regarding any	9513
offender or delinquent child who is in any of the following	9514
categories:	9515

(a) The offender is a tier III sex offender/child-victim	9516
offender relative to the offense described in division (A) of this	9517
section for which a victim requested to be provided notice under	9518
that division~~, or the delinquent child is a public~~	9519
~~registry-qualified juvenile offender registrant, and a juvenile~~	9520
~~court has not removed pursuant to section 2950.15 of the Revised~~	9521
~~Code the delinquent child's duty to comply with sections 2950.04,~~	9522
~~2950.041, 2950.05, and 2950.06 of the Revised Code~~.	9523

(b) The offender or delinquent child is a ~~tier III sex~~	9524
~~offender/child-victim offender who is not a public-registry~~	9525
~~qualified juvenile offender registrant, the delinquent child was~~	9526
~~subjected to this section prior to the effective date of this~~	9527
~~amendment as a~~ sexual predator~~, habitual sex offender,~~or	9528
child-victim predator~~, or habitual child-victim offender, as those~~	9529
~~terms were defined in section 2950.01 of the Revised Code as it~~	9530
~~existed prior to the effective date of this amendment, and~~.	9531

(c) The offender or delinquent child is a habitual sex	9532
offender or habitual child-victim offender, a court has imposed a	9533
requirement subjecting the habitual sex offender or habitual	9534
child-victim offender to the notification provisions of the	9535
version of this section in existence immediately prior to July 1,	9536
2007, or the version of this section as it exists on and after the	9537
effective date of this amendment, and, with respect to the	9538
delinquent child, a juvenile court has not removed pursuant to	9539
section 2152.84 or 2152.85 of the Revised Code the delinquent	9540
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	9541
and 2950.06 of the Revised Code.	9542

~~(c)~~(d) The delinquent child is a tier III sex	9543
offender/child-victim offender ~~who is not a public~~	9544
~~registry-qualified juvenile offender registrant~~, the delinquent	9545
child was classified a juvenile offender registrant with respect	9546
to a sexually oriented offense or child-victim oriented offense	9547
committed on or after ~~the effective date of this amendment~~	9548
January 1, 2008, the court has imposed a requirement under section	9549
2152.82, 2152.83, or 2152.84 of the Revised Code subjecting the	9550
delinquent child to this section, and a juvenile court has not	9551
removed pursuant to section 2152.84 or 2152.85 of the Revised Code	9552
the delinquent child's duty to comply with sections 2950.04,	9553
2950.041, 2950.05, and 2950.06 of the Revised Code.	9554

(e) The sexually oriented offense for which the offender has	9555
the duty to register under section 2950.04 of the Revised Code is	9556
an aggravated sexually oriented offense, regardless of whether the	9557
offender has been adjudicated a sexual predator with respect to	9558
the offense or has been determined to be a habitual sex offender	9559
and, if the offender has been so determined to be a habitual sex	9560
offender, regardless of whether the habitual sex offender	9561
determination has been removed pursuant to section 2152.84 or	9562
2152.85 of the Revised Code regarding a delinquent child.	9563

(2) A victim of a sexually oriented offense or of a	9564
child-victim oriented offense is not entitled to be provided any	9565
notice described in division (A)(1) or (2) of this section unless	9566
the offender or delinquent child is in a category specified in	9567
division (B)(1)(a), (b), or (c), (d), or (e) of this section. A	9568
victim of a sexually oriented offense or of a child-victim	9569
oriented offense is not entitled to any notice described in	9570
division (A)(1) or (2) of this section unless the victim makes a	9571
request in accordance with rules adopted by the attorney general	9572
pursuant to section 2950.13 of the Revised Code that specifies	9573
that the victim would like to be provided the notices described in	9574
divisions (A)(1) and (2) of this section. This division does not	9575
affect any rights of a victim of a sexually oriented offense or	9576
child-victim oriented offense to be provided notice regarding an	9577
offender or delinquent child that are described in Chapter 2930.	9578
of the Revised Code.	9579

Sec. 2950.11. (A) Regardless of when the sexually oriented	9580
offense or child-victim oriented offense was committed, if a	9581
person is convicted of, pleads guilty to, has been convicted of,	9582
or has pleaded guilty to a sexually oriented offense or a	9583
child-victim oriented offense or a person is or has been	9584
adjudicated a delinquent child for committing a sexually oriented	9585
offense or a child-victim oriented offense and is classified a	9586
juvenile offender registrant or is an out-of-state juvenile	9587
offender registrant based on that adjudication, and if the	9588
offender or delinquent child is in any category specified in	9589
division (F)(1)(a), (b), or (c), (d), or (e) of this section, the	9590
sheriff with whom the offender or delinquent child has most	9591
recently registered under section 2950.04, 2950.041, or 2950.05 of	9592
the Revised Code and the sheriff to whom the offender or	9593
delinquent child most recently sent a notice of intent to reside	9594
under section 2950.04 or 2950.041 of the Revised Code, within the	9595
period of time specified in division (C) of this section, shall	9596
provide a written notice containing the information set forth in	9597
division (B) of this section to all of the persons described in	9598
divisions (A)(1) to (10) of this section. If the sheriff has sent	9599
a notice to the persons described in those divisions as a result	9600
of receiving a notice of intent to reside and if the offender or	9601
delinquent child registers a residence address that is the same	9602
residence address described in the notice of intent to reside, the	9603
sheriff is not required to send an additional notice when the	9604
offender or delinquent child registers. The sheriff shall provide	9605
the notice to all of the following persons:	9606

(1)(a) Any occupant of each residential unit that is located	9607
within one thousand feet of the offender's or delinquent child's	9608
residential premises, that is located within the county served by	9609
the sheriff, and that is not located in a multi-unit building.	9610
Division (D)(3) of this section applies regarding notices required	9611
under this division.	9612

(b) If the offender or delinquent child resides in a	9613
multi-unit building, any occupant of each residential unit that is	9614
located in that multi-unit building and that shares a common	9615
hallway with the offender or delinquent child. For purposes of	9616
this division, an occupant's unit shares a common hallway with the	9617
offender or delinquent child if the entrance door into the	9618
occupant's unit is located on the same floor and opens into the	9619
same hallway as the entrance door to the unit the offender or	9620
delinquent child occupies. Division (D)(3) of this section applies	9621
regarding notices required under this division.	9622

(c) The building manager, or the person the building owner or	9623
condominium unit owners association authorizes to exercise	9624
management and control, of each multi-unit building that is	9625
located within one thousand feet of the offender's or delinquent	9626
child's residential premises, including a multi-unit building in	9627
which the offender or delinquent child resides, and that is	9628
located within the county served by the sheriff. In addition to	9629
notifying the building manager or the person authorized to	9630
exercise management and control in the multi-unit building under	9631
this division, the sheriff shall post a copy of the notice	9632
prominently in each common entryway in the building and any other	9633
location in the building the sheriff determines appropriate. The	9634
manager or person exercising management and control of the	9635
building shall permit the sheriff to post copies of the notice	9636
under this division as the sheriff determines appropriate. In lieu	9637
of posting copies of the notice as described in this division, a	9638
sheriff may provide notice to all occupants of the multi-unit	9639
building by mail or personal contact; if the sheriff so notifies	9640
all the occupants, the sheriff is not required to post copies of	9641
the notice in the common entryways to the building. Division	9642
(D)(3) of this section applies regarding notices required under	9643
this division.	9644

(d) All additional persons who are within any category of	9645
neighbors of the offender or delinquent child that the attorney	9646
general by rule adopted under section 2950.13 of the Revised Code	9647
requires to be provided the notice and who reside within the	9648
county served by the sheriff;	9649

(2) The executive director of the public children services	9650
agency that has jurisdiction within the specified geographical	9651
notification area and that is located within the county served by	9652
the sheriff;	9653

(3)(a) The superintendent of each board of education of a	9654
school district that has schools within the specified geographical	9655
notification area and that is located within the county served by	9656
the sheriff;	9657

(b) The principal of the school within the specified	9658
geographical notification area and within the county served by the	9659
sheriff that the delinquent child attends;	9660

(c) If the delinquent child attends a school outside of the	9661
specified geographical notification area or outside of the school	9662
district where the delinquent child resides, the superintendent of	9663
the board of education of a school district that governs the	9664
school that the delinquent child attends and the principal of the	9665
school that the delinquent child attends.	9666

(4)(a) The appointing or hiring officer of each chartered	9667
nonpublic school located within the specified geographical	9668
notification area and within the county served by the sheriff or	9669
of each other school located within the specified geographical	9670
notification area and within the county served by the sheriff and	9671
that is not operated by a board of education described in division	9672
(A)(3) of this section;	9673

(b) Regardless of the location of the school, the appointing	9674
or hiring officer of a chartered nonpublic school that the	9675
delinquent child attends.	9676

(5) The director, head teacher, elementary principal, or site	9677
administrator of each preschool program governed by Chapter 3301.	9678
of the Revised Code that is located within the specified	9679
geographical notification area and within the county served by the	9680
sheriff;	9681

(6) The administrator of each child day-care center or type A	9682
family day-care home that is located within the specified	9683
geographical notification area and within the county served by the	9684
sheriff, and the provider of each certified type B family day-care	9685
home that is located within the specified geographical	9686
notification area and within the county served by the sheriff. As	9687
used in this division, "child day-care center," "type A family	9688
day-care home," and "certified type B family day-care home" have	9689
the same meanings as in section 5104.01 of the Revised Code.	9690

(7) The president or other chief administrative officer of	9691
each institution of higher education, as defined in section	9692
2907.03 of the Revised Code, that is located within the specified	9693
geographical notification area and within the county served by the	9694
sheriff, and the chief law enforcement officer of the state	9695
university law enforcement agency or campus police department	9696
established under section 3345.04 or 1713.50 of the Revised Code,	9697
if any, that serves that institution;	9698

(8) The sheriff of each county that includes any portion of	9699
the specified geographical notification area;	9700

(9) If the offender or delinquent child resides within the	9701
county served by the sheriff, the chief of police, marshal, or	9702
other chief law enforcement officer of the municipal corporation	9703
in which the offender or delinquent child resides or, if the	9704
offender or delinquent child resides in an unincorporated area,	9705
the constable or chief of the police department or police district	9706
police force of the township in which the offender or delinquent	9707
child resides;	9708

(10) Volunteer organizations in which contact with minors or	9709
other vulnerable individuals might occur or any organization,	9710
company, or individual who requests notification as provided in	9711
division (J) of this section.	9712

(B) The notice required under division (A) of this section	9713
shall include all of the following information regarding the	9714
subject offender or delinquent child:	9715

(1) The offender's or delinquent child's name;

9716

(2) The address or addresses of the offender's ~~or public~~	9717
~~registry-qualified juvenile offender registrant's~~ residence,	9718
school, institution of higher education, or place of employment,	9719
as applicable, or the residence address or addresses of a	9720
delinquent child ~~who is not a public registry-qualified juvenile~~	9721
~~offender registrant~~;	9722

(3) The sexually oriented offense or child-victim oriented	9723
offense of which the offender was convicted, to which the offender	9724
pleaded guilty, or for which the child was adjudicated a	9725
delinquent child;	9726

(4) A statement that identifies the category specified in	9727
division (F)(1)(a), (b), or (c), (d), or (e) of this section that	9728
includes the offender or delinquent child and that subjects the	9729
offender or delinquent child to this section;	9730

(5) The offender's or delinquent child's photograph.

9731

(C) If a sheriff with whom an offender or delinquent child	9732
registers under section 2950.04, 2950.041, or 2950.05 of the	9733
Revised Code or to whom the offender or delinquent child most	9734
recently sent a notice of intent to reside under section 2950.04	9735
or 2950.041 of the Revised Code is required by division (A) of	9736
this section to provide notices regarding an offender or	9737
delinquent child and if, pursuant to that requirement, the sheriff	9738
provides a notice to a sheriff of one or more other counties in	9739
accordance with division (A)(8) of this section, the sheriff of	9740
each of the other counties who is provided notice under division	9741
(A)(8) of this section shall provide the notices described in	9742
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	9743
each person or entity identified within those divisions that is	9744
located within the specified geographical notification area and	9745
within the county served by the sheriff in question.	9746

(D)(1) A sheriff required by division (A) or (C) of this	9747
section to provide notices regarding an offender or delinquent	9748
child shall provide the notice to the neighbors that are described	9749
in division (A)(1) of this section and the notices to law	9750
enforcement personnel that are described in divisions (A)(8) and	9751
(9) of this section as soon as practicable, but no later than five	9752
days after the offender sends the notice of intent to reside to	9753
the sheriff and again no later than five days after the offender	9754
or delinquent child registers with the sheriff or, if the sheriff	9755
is required by division (C) of this section to provide the	9756
notices, no later than five days after the sheriff is provided the	9757
notice described in division (A)(8) of this section.	9758

A sheriff required by division (A) or (C) of this section to	9759
provide notices regarding an offender or delinquent child shall	9760
provide the notices to all other specified persons that are	9761
described in divisions (A)(2) to (7) and (A)(10) of this section	9762
as soon as practicable, but not later than seven days after the	9763
offender or delinquent child registers with the sheriff or, if the	9764
sheriff is required by division (C) of this section to provide the	9765
notices, no later than five days after the sheriff is provided the	9766
notice described in division (A)(8) of this section.	9767

(2) If an offender or delinquent child in relation to whom	9768
division (A) of this section applies verifies the offender's or	9769
delinquent child's current residence, school, institution of	9770
higher education, or place of employment address, as applicable,	9771
with a sheriff pursuant to section 2950.06 of the Revised Code,	9772
the sheriff may provide a written notice containing the	9773
information set forth in division (B) of this section to the	9774
persons identified in divisions (A)(1) to (10) of this section. If	9775
a sheriff provides a notice pursuant to this division to the	9776
sheriff of one or more other counties in accordance with division	9777
(A)(8) of this section, the sheriff of each of the other counties	9778
who is provided the notice under division (A)(8) of this section	9779
may provide, but is not required to provide, a written notice	9780
containing the information set forth in division (B) of this	9781
section to the persons identified in divisions (A)(1) to (7) and	9782
(A)(9) and (10) of this section.	9783

(3) A sheriff may provide notice under division (A)(1)(a) or	9784
(b) of this section, and may provide notice under division	9785
(A)(1)(c) of this section to a building manager or person	9786
authorized to exercise management and control of a building, by	9787
mail, by personal contact, or by leaving the notice at or under	9788
the entry door to a residential unit. For purposes of divisions	9789
(A)(1)(a) and (b) of this section, and the portion of division	9790
(A)(1)(c) of this section relating to the provision of notice to	9791
occupants of a multi-unit building by mail or personal contact,	9792
the provision of one written notice per unit is deemed as	9793
providing notice to all occupants of that unit.	9794

(E) All information that a sheriff possesses regarding an	9795
offender or delinquent child who is in a category specified in	9796
division (F)(1)(a), (b), or (c), (d), or (e) of this section that	9797
is described in division (B) of this section and that must be	9798
provided in a notice required under division (A) or (C) of this	9799
section or that may be provided in a notice authorized under	9800
division (D)(2) of this section is a public record that is open to	9801
inspection under section 149.43 of the Revised Code.	9802

The sheriff shall not cause to be publicly disseminated by	9803
means of the internet any of the information described in this	9804
division that is provided by a delinquent child ~~unless that child~~	9805
~~is in a category specified in division (F)(1)(a), (b), or (c) of~~	9806
~~this section~~.	9807

(F)(1) Except as provided in division (F)(2) of this section,	9808
the duties to provide the notices described in divisions (A) and	9809
(C) of this section apply regarding any offender or delinquent	9810
child who is in any of the following categories:	9811

(a) The offender is a tier III sex offender/child-victim	9812
offender~~, or the delinquent child is a public registry-qualified~~	9813
~~juvenile offender registrant, and a juvenile court has not removed~~	9814
~~pursuant to section 2950.15 of the Revised Code the delinquent~~	9815
~~child's duty to comply with sections 2950.04, 2950.041, 2950.05,~~	9816
~~and 2950.06 of the Revised Code~~.	9817

(b) The offender or delinquent child is a ~~tier III sex~~	9818
~~offender/child-victim offender who is not a public-registry~~	9819
~~qualified juvenile offender registrant, the delinquent child was~~	9820
~~subjected to this section prior to the effective date of this~~	9821
~~amendment as a~~ sexual predator~~, habitual sex offender,~~or	9822
child-victim predator~~, or habitual child-victim offender, as those~~	9823
~~terms were defined in section 2950.01 of the Revised Code as it~~	9824
~~existed prior to the effective date of this amendment, and~~.	9825

(c) The offender or delinquent child is a habitual sex	9826
offender or habitual child-victim offender, a court has imposed a	9827
requirement subjecting the habitual sex offender or habitual	9828
child-victim offender to the notification provisions of the	9829
version of this section in existence immediately prior to July 1,	9830
2007, or the version of this section as it exists on and after the	9831
effective date of this amendment, and, with respect to a	9832
delinquent child, a juvenile court has not removed pursuant to	9833
section 2152.84 or 2152.85 of the Revised Code the delinquent	9834
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	9835
and 2950.06 of the Revised Code.	9836

~~(c)~~(d) The delinquent child is a tier III sex	9837
offender/child-victim offender ~~who is not a public~~	9838
~~registry-qualified juvenile offender registrant~~, the delinquent	9839
child was classified a juvenile offender registrant with respect	9840
to a sexually oriented offense or child-victim oriented offense	9841
committed on or after ~~the effective date of this amendment~~	9842
January 1, 2008, the court has imposed a requirement under section	9843
2152.82, 2152.83, or 2152.84 of the Revised Code subjecting the	9844
delinquent child to this section, and a juvenile court has not	9845
removed pursuant to section 2152.84 or 2152.85 of the Revised Code	9846
the delinquent child's duty to comply with sections 2950.04,	9847
2950.041, 2950.05, and 2950.06 of the Revised Code.	9848

(e) The sexually oriented offense for which the offender has	9849
the duty to register under section 2950.04 of the Revised Code is	9850
an aggravated sexually oriented offense, regardless of whether the	9851
offender has been adjudicated a sexual predator with respect to	9852
the offense or has been determined to be a habitual sex offender,	9853
and, if the offender has been so determined to be a habitual sex	9854
offender, regardless of whether the habitual sex offender	9855
determination has been removed pursuant to section 2152.84 or	9856
2152.85 of the Revised Code regarding a delinquent child.	9857

(2) The notification provisions of this section do not apply	9858
to a person described in division (F)(1)(a), (b), or ~~(c)~~(d) of	9859
this section if a court finds at a hearing after considering the	9860
factors described in this division that the person would not be	9861
subject to the notification provisions of this section that were	9862
in the version of this section that existed immediately prior to	9863
~~the effective date of this amendment~~January 1, 2008. In making	9864
the determination of whether a person would have been subject to	9865
the notification provisions under prior law as described in this	9866
division, the court shall consider the following factors:	9867

(a) The offender's or delinquent child's age;

9868

(b) The offender's or delinquent child's prior criminal or	9869
delinquency record regarding all offenses, including, but not	9870
limited to, all sexual offenses;	9871

(c) The age of the victim of the sexually oriented offense	9872
for which sentence is to be imposed or the order of disposition is	9873
to be made;	9874

(d) Whether the sexually oriented offense for which sentence	9875
is to be imposed or the order of disposition is to be made	9876
involved multiple victims;	9877

(e) Whether the offender or delinquent child used drugs or	9878
alcohol to impair the victim of the sexually oriented offense or	9879
to prevent the victim from resisting;	9880

(f) If the offender or delinquent child previously has been	9881
convicted of or pleaded guilty to, or been adjudicated a	9882
delinquent child for committing an act that if committed by an	9883
adult would be, a criminal offense, whether the offender or	9884
delinquent child completed any sentence or dispositional order	9885
imposed for the prior offense or act and, if the prior offense or	9886
act was a sex offense or a sexually oriented offense, whether the	9887
offender or delinquent child participated in available programs	9888
for sexual offenders;	9889

(g) Any mental illness or mental disability of the offender	9890
or delinquent child;	9891

(h) The nature of the offender's or delinquent child's sexual	9892
conduct, sexual contact, or interaction in a sexual context with	9893
the victim of the sexually oriented offense and whether the sexual	9894
conduct, sexual contact, or interaction in a sexual context was	9895
part of a demonstrated pattern of abuse;	9896

(i) Whether the offender or delinquent child, during the	9897
commission of the sexually oriented offense for which sentence is	9898
to be imposed or the order of disposition is to be made, displayed	9899
cruelty or made one or more threats of cruelty;	9900

(j) Whether the offender or delinquent child would have been	9901
a habitual sex offender or a habitual child victim offender under	9902
the definitions of those terms set forth in section 2950.01 of the	9903
Revised Code as that section existed prior to ~~the effective date~~	9904
~~of this amendment~~January 1, 2008;	9905

(k) Any additional behavioral characteristics that contribute	9906
to the offender's or delinquent child's conduct.	9907

(G)(1) The department of job and family services shall	9908
compile, maintain, and update in January and July of each year, a	9909
list of all agencies, centers, or homes of a type described in	9910
division (A)(2) or (6) of this section that contains the name of	9911
each agency, center, or home of that type, the county in which it	9912
is located, its address and telephone number, and the name of an	9913
administrative officer or employee of the agency, center, or home.	9914

(2) The department of education shall compile, maintain, and	9915
update in January and July of each year, a list of all boards of	9916
education, schools, or programs of a type described in division	9917
(A)(3), (4), or (5) of this section that contains the name of each	9918
board of education, school, or program of that type, the county in	9919
which it is located, its address and telephone number, the name of	9920
the superintendent of the board or of an administrative officer or	9921
employee of the school or program, and, in relation to a board of	9922
education, the county or counties in which each of its schools is	9923
located and the address of each such school.	9924

(3) The Ohio board of regents shall compile, maintain, and	9925
update in January and July of each year, a list of all	9926
institutions of a type described in division (A)(7) of this	9927
section that contains the name of each such institution, the	9928
county in which it is located, its address and telephone number,	9929
and the name of its president or other chief administrative	9930
officer.	9931

(4) A sheriff required by division (A) or (C) of this	9932
section, or authorized by division (D)(2) of this section, to	9933
provide notices regarding an offender or delinquent child, or a	9934
designee of a sheriff of that type, may request the department of	9935
job and family services, department of education, or Ohio board of	9936
regents, by telephone, in person, or by mail, to provide the	9937
sheriff or designee with the names, addresses, and telephone	9938
numbers of the appropriate persons and entities to whom the	9939
notices described in divisions (A)(2) to (7) of this section are	9940
to be provided. Upon receipt of a request, the department or board	9941
shall provide the requesting sheriff or designee with the names,	9942
addresses, and telephone numbers of the appropriate persons and	9943
entities to whom those notices are to be provided.	9944

(H)(1) Upon the motion of the offender or the prosecuting	9945
attorney of the county in which the offender was convicted of or	9946
pleaded guilty to the sexually oriented offense or child-victim	9947
oriented offense for which the offender is subject to community	9948
notification under this section, or upon the motion of the	9949
sentencing judge or that judge's successor in office, the judge	9950
may schedule a hearing to determine whether the interests of	9951
justice would be served by suspending the community notification	9952
requirement under this section in relation to the offender. The	9953
judge may dismiss the motion without a hearing but may not issue	9954
an order suspending the community notification requirement without	9955
a hearing. At the hearing, all parties are entitled to be heard,	9956
and the judge shall consider all of the factors set forth in	9957
division (K) of this section. If, at the conclusion of the	9958
hearing, the judge finds that the offender has proven by clear and	9959
convincing evidence that the offender is unlikely to commit in the	9960
future a sexually oriented offense or a child-victim oriented	9961
offense and if the judge finds that suspending the community	9962
notification requirement is in the interests of justice, the judge	9963
may suspend the application of this section in relation to the	9964
offender. The order shall contain both of these findings.	9965

The judge promptly shall serve a copy of the order upon the	9966
sheriff with whom the offender most recently registered under	9967
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	9968
the bureau of criminal identification and investigation.	9969

An order suspending the community notification requirement	9970
does not suspend or otherwise alter an offender's duties to comply	9971
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	9972
Revised Code and does not suspend the victim notification	9973
requirement under section 2950.10 of the Revised Code.	9974

(2) A prosecuting attorney, a sentencing judge or that	9975
judge's successor in office, and an offender who is subject to the	9976
community notification requirement under this section may	9977
initially make a motion under division (H)(1) of this section upon	9978
the expiration of twenty years after the offender's duty to comply	9979
with division (A)(2), (3), or (4) of section 2950.04, division	9980
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	9981
2950.06 of the Revised Code begins in relation to the offense for	9982
which the offender is subject to community notification. After the	9983
initial making of a motion under division (H)(1) of this section,	9984
thereafter, the prosecutor, judge, and offender may make a	9985
subsequent motion under that division upon the expiration of five	9986
years after the judge has entered an order denying the initial	9987
motion or the most recent motion made under that division.	9988

(3) The offender and the prosecuting attorney have the right	9989
to appeal an order approving or denying a motion made under	9990
division (H)(1) of this section.	9991

(4) Divisions (H)(1) to (3) of this section do not apply to	9992
any of the following types of offender:	9993

(a) A person who is convicted of or pleads guilty to a	9994
violent sex offense or designated homicide, assault, or kidnapping	9995
offense and who, in relation to that offense, is adjudicated a	9996
sexually violent predator;	9997

(b) A person who is convicted of or pleads guilty to a	9998
sexually oriented offense that is a violation of division	9999
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	10000
after January 2, 2007, and either who is sentenced under section	10001
2971.03 of the Revised Code or upon whom a sentence of life	10002
without parole is imposed under division (B) of section 2907.02 of	10003
the Revised Code;	10004

(c) A person who is convicted of or pleads guilty to a	10005
sexually oriented offense that is attempted rape committed on or	10006
after January 2, 2007, and who also is convicted of or pleads	10007
guilty to a specification of the type described in section	10008
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	10009

(d) A person who is convicted of or pleads guilty to an	10010
offense described in division (B)(3)(a), (b), (c), or (d) of	10011
section 2971.03 of the Revised Code and who is sentenced for that	10012
offense pursuant to that division;	10013

(e) An offender who is in a category specified in division	10014
(F)(1)(a), (b), or (c), (d), or (e) of this section and who,	10015
subsequent to being subjected to community notification, has	10016
pleaded guilty to or been convicted of a sexually oriented offense	10017
or child-victim oriented offense.	10018

(I) If a person is convicted of, pleads guilty to, has been	10019
convicted of, or has pleaded guilty to a sexually oriented offense	10020
or a child-victim oriented offense or a person is or has been	10021
adjudicated a delinquent child for committing a sexually oriented	10022
offense or a child-victim oriented offense and is classified a	10023
juvenile offender registrant or is an out-of-state juvenile	10024
offender registrant based on that adjudication, and if the	10025
offender or delinquent child is not in any category specified in	10026
division (F)(1)(a), (b), or (c), (d), or (e) of this section, the	10027
sheriff with whom the offender or delinquent child has most	10028
recently registered under section 2950.04, 2950.041, or 2950.05 of	10029
the Revised Code and the sheriff to whom the offender or	10030
delinquent child most recently sent a notice of intent to reside	10031
under section 2950.04 or 2950.041 of the Revised Code, within the	10032
period of time specified in division (D) of this section, shall	10033
provide a written notice containing the information set forth in	10034
division (B) of this section to the executive director of the	10035
public children services agency that has jurisdiction within the	10036
specified geographical notification area and that is located	10037
within the county served by the sheriff.	10038

(J) Each sheriff shall allow a volunteer organization or	10039
other organization, company, or individual who wishes to receive	10040
the notice described in division (A)(10) of this section regarding	10041
a specific offender or delinquent child or notice regarding all	10042
offenders and delinquent children who are located in the specified	10043
geographical notification area to notify the sheriff by electronic	10044
mail or through the sheriff's web site of this election. The	10045
sheriff shall promptly inform the bureau of criminal	10046
identification and investigation of these requests in accordance	10047
with the forwarding procedures adopted by the attorney general	10048
pursuant to section 2950.13 of the Revised Code.	10049

(K) In making a determination under division (H)(1) of this	10050
section as to whether to suspend the community notification	10051
requirement under this section for an offender, the judge shall	10052
consider all relevant factors, including, but not limited to, all	10053
of the following:	10054

(1) The offender's age;

10055

(2) The offender's prior criminal or delinquency record	10056
regarding all offenses, including, but not limited to, all	10057
sexually oriented offenses or child-victim oriented offenses;	10058

(3) The age of the victim of the sexually oriented offense or	10059
child-victim oriented offense the offender committed;	10060

(4) Whether the sexually oriented offense or child-victim	10061
oriented offense the offender committed involved multiple victims;	10062

(5) Whether the offender used drugs or alcohol to impair the	10063
victim of the sexually oriented offense or child-victim oriented	10064
offense the offender committed or to prevent the victim from	10065
resisting;	10066

(6) If the offender previously has been convicted of, pleaded	10067
guilty to, or been adjudicated a delinquent child for committing	10068
an act that if committed by an adult would be a criminal offense,	10069
whether the offender completed any sentence or dispositional order	10070
imposed for the prior offense or act and, if the prior offense or	10071
act was a sexually oriented offense or a child-victim oriented	10072
offense, whether the offender or delinquent child participated in	10073
available programs for sex offenders or child-victim offenders;	10074

(7) Any mental illness or mental disability of the offender;

10075

(8) The nature of the offender's sexual conduct, sexual	10076
contact, or interaction in a sexual context with the victim of the	10077
sexually oriented offense the offender committed or the nature of	10078
the offender's interaction in a sexual context with the victim of	10079
the child-victim oriented offense the offender committed,	10080
whichever is applicable, and whether the sexual conduct, sexual	10081
contact, or interaction in a sexual context was part of a	10082
demonstrated pattern of abuse;	10083

(9) Whether the offender, during the commission of the	10084
sexually oriented offense or child-victim oriented offense the	10085
offender committed, displayed cruelty or made one or more threats	10086
of cruelty;	10087

(10) Any additional behavioral characteristics that	10088
contribute to the offender's conduct.	10089

(L) As used in this section, "specified geographical	10090
notification area" means the geographic area or areas within which	10091
the attorney general, by rule adopted under section 2950.13 of the	10092
Revised Code, requires the notice described in division (B) of	10093
this section to be given to the persons identified in divisions	10094
(A)(2) to (8) of this section.	10095

Sec. 2950.13. (A) The attorney general shall do all of the	10096
following:	10097

(1) No later than July 1, 1997, establish and maintain a	10098
state registry of sex offenders and child-victim offenders that is	10099
housed at the bureau of criminal identification and investigation	10100
and that contains all of the registration, change of residence,	10101
school, institution of higher education, or place of employment	10102
address, and verification information the bureau receives pursuant	10103
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	10104
Code regarding each person who is convicted of, pleads guilty to,	10105
has been convicted of, or has pleaded guilty to a sexually	10106
oriented offense or a child-victim oriented offense and each	10107
person who is or has been adjudicated a delinquent child for	10108
committing a sexually oriented offense or a child-victim oriented	10109
offense and is classified a juvenile offender registrant or is an	10110
out-of-state juvenile offender registrant based on that	10111
adjudication, all of the information the bureau receives pursuant	10112
to section 2950.14 of the Revised Code, and any notice of an order	10113
terminating or modifying an offender's or delinquent child's duty	10114
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	10115
the Revised Code the bureau receives pursuant to section 2152.84,	10116
2152.85, or 2950.15 of the Revised Code. For a person who was	10117
convicted of or pleaded guilty to the sexually oriented offense or	10118
child-victim related offense, the registry also shall indicate	10119
whether the person was convicted of or pleaded guilty to the	10120
offense in a criminal prosecution or in a serious youthful	10121
offender case. The registry shall not be open to inspection by the	10122
public or by any person other than a person identified in division	10123
(A) of section 2950.08 of the Revised Code. In addition to the	10124
information and material previously identified in this division,	10125
the registry shall include all of the following regarding each	10126
person who is listed in the registry:	10127

(a) A citation for, and the name of, all sexually oriented	10128
offenses or child-victim oriented offenses of which the person was	10129
convicted, to which the person pleaded guilty, or for which the	10130
person was adjudicated a delinquent child and that resulted in a	10131
registration duty, and the date on which those offenses were	10132
committed;	10133

(b) The text of the sexually oriented offenses or	10134
child-victim oriented offenses identified in division (A)(1)(a) of	10135
this section as those offenses existed at the time the person was	10136
convicted of, pleaded guilty to, or was adjudicated a delinquent	10137
child for committing those offenses, or a link to a database that	10138
sets forth the text of those offenses;	10139

(c) A statement as to whether the person is a tier I sex	10140
offender/child-victim offender, a tier II sex	10141
offender/child-victim offender, or a tier III sex	10142
offender/child-victim offender, a sexual predator, a child-victim	10143
predator, a habitual sex offender, a habitual child-victim	10144
offender, a sexually oriented offender, or a child-victim oriented	10145
offender for the sexually oriented offenses or child-victim	10146
oriented offenses identified in division (A)(1)(a) of this	10147
section;	10148

(d) The community supervision status of the person,	10149
including, but not limited to, whether the person is serving a	10150
community control sanction and the nature of any such sanction,	10151
whether the person is under supervised release and the nature of	10152
the release, or regarding a juvenile, whether the juvenile is	10153
under any type of release authorized under Chapter 2152. or 5139.	10154
of the Revised Code and the nature of any such release;	10155

(e) The offense and delinquency history of the person, as	10156
determined from information gathered or provided under sections	10157
109.57 and 2950.14 of the Revised Code;	10158

(f) The bureau of criminal identification and investigation	10159
tracking number assigned to the person if one has been so	10160
assigned, the federal bureau of investigation number assigned to	10161
the person if one has been assigned and the bureau of criminal	10162
identification and investigation is aware of the number, and any	10163
other state identification number assigned to the person of which	10164
the bureau is aware;	10165

(g) Fingerprints and palmprints of the person;

10166

(h) A DNA specimen, as defined in section 109.573 of the	10167
Revised Code, from the person;	10168

(i) Whether the person has any outstanding arrest warrants;

10169

(j) Whether the person is in compliance with the person's	10170
duties under this chapter.	10171

(2) In consultation with local law enforcement	10172
representatives and no later than July 1, 1997, adopt rules that	10173
contain guidelines necessary for the implementation of this	10174
chapter;	10175

(3) In consultation with local law enforcement	10176
representatives, adopt rules for the implementation and	10177
administration of the provisions contained in section 2950.11 of	10178
the Revised Code that pertain to the notification of neighbors of	10179
an offender or a delinquent child who has committed a sexually	10180
oriented offense or a child-victim oriented offense and ~~and~~ is in	10181
a category specified in division (F)(1) of that section and rules	10182
that prescribe a manner in which victims of a sexually oriented	10183
offense or a child-victim oriented offense committed by an	10184
offender or a delinquent child who is in a category specified in	10185
division (B)(1) of section 2950.10 of the Revised Code may make a	10186
request that specifies that the victim would like to be provided	10187
the notices described in divisions (A)(1) and (2) of section	10188
2950.10 of the Revised Code;	10189

(4) In consultation with local law enforcement	10190
representatives and through the bureau of criminal identification	10191
and investigation, prescribe the forms to be used by judges and	10192
officials pursuant to section 2950.03 or 2950.032 of the Revised	10193
Code to advise offenders and delinquent children of their duties	10194
of filing a notice of intent to reside, registration, notification	10195
of a change of residence, school, institution of higher education,	10196
or place of employment address and registration of the new,	10197
school, institution of higher education, or place of employment	10198
address, as applicable, and address verification under sections	10199
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	10200
prescribe the forms to be used by sheriffs relative to those	10201
duties of filing a notice of intent to reside, registration,	10202
change of residence, school, institution of higher education, or	10203
place of employment address notification, and address	10204
verification;	10205

(5) Make copies of the forms prescribed under division (A)(4)	10206
of this section available to judges, officials, and sheriffs;	10207

(6) Through the bureau of criminal identification and	10208
investigation, provide the notifications, the information and	10209
materials, and the documents that the bureau is required to	10210
provide to appropriate law enforcement officials and to the	10211
federal bureau of investigation pursuant to sections 2950.04,	10212
2950.041, 2950.05, and 2950.06 of the Revised Code;	10213

(7) Through the bureau of criminal identification and	10214
investigation, maintain the verification forms returned under the	10215
address verification mechanism set forth in section 2950.06 of the	10216
Revised Code;	10217

(8) In consultation with representatives of the officials,	10218
judges, and sheriffs, adopt procedures for officials, judges, and	10219
sheriffs to use to forward information, photographs, and	10220
fingerprints to the bureau of criminal identification and	10221
investigation pursuant to the requirements of sections 2950.03,	10222
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	10223
Code;	10224

(9) In consultation with the director of education, the	10225
director of job and family services, and the director of	10226
rehabilitation and correction, adopt rules that contain guidelines	10227
to be followed by boards of education of a school district,	10228
chartered nonpublic schools or other schools not operated by a	10229
board of education, preschool programs, child day-care centers,	10230
type A family day-care homes, certified type B family day-care	10231
homes, and institutions of higher education regarding the proper	10232
use and administration of information received pursuant to section	10233
2950.11 of the Revised Code relative to an offender or delinquent	10234
child who has committed a sexually oriented offense or a	10235
child-victim oriented offense and is in a category specified in	10236
division (F)(1) of that section;	10237

(10) In consultation with local law enforcement	10238
representatives and no later than July 1, 1997, adopt rules that	10239
designate a geographic area or areas within which the notice	10240
described in division (B) of section 2950.11 of the Revised Code	10241
must be given to the persons identified in divisions (A)(2) to (8)	10242
and (A)(10) of that section;	10243

(11) Through the bureau of criminal identification and	10244
investigation, not later than January 1, 2004, establish and	10245
operate on the internet a sex offender and child-victim offender	10246
database that contains information for every offender who has	10247
committed a sexually oriented offense or a child-victim oriented	10248
offense and registers in any county in this state pursuant to	10249
section 2950.04 or 2950.041 of the Revised Code ~~and for every~~	10250
~~delinquent child who has committed a sexually oriented offense, is~~	10251
~~a public registry-qualified juvenile offender registrant, and~~	10252
~~registers in any county in this state pursuant to either such~~	10253
~~section~~. The bureau shall not include on the database the identity	10254
of any offender's ~~or public registry-qualified juvenile offender~~	10255
~~registrant's~~ victim, any offender's ~~or public registry-qualified~~	10256
~~juvenile offender registrant's~~ social security number, the name of	10257
any school or institution of higher education attended by any	10258
offender ~~or public registry-qualified juvenile offender~~	10259
~~registrant~~, the name of the place of employment of any offender or	10260
~~public registry-qualified juvenile offender registrant~~, any	10261
tracking or identification number described in division (A)(1)(f)	10262
of this section, or any information described in division (C)(7)	10263
of section 2950.04 or 2950.041 of the Revised Code. The bureau	10264
shall provide on the database, for each offender ~~and each public~~	10265
~~registry-qualified juvenile offender registrant~~, at least the	10266
information specified in divisions (A)(11)(a) to (h) of this	10267
section. Otherwise, the bureau shall determine the information to	10268
be provided on the database for each offender ~~and public~~	10269
~~registry-qualified juvenile offender registrant~~ and shall obtain	10270
that information from the information contained in the state	10271
registry of sex offenders and child-victim offenders described in	10272
division (A)(1) of this section, which information, while in the	10273
possession of the sheriff who provided it, is a public record open	10274
for inspection as described in section 2950.081 of the Revised	10275
Code. The database is a public record open for inspection under	10276
section 149.43 of the Revised Code, and it shall be searchable by	10277
offender ~~or public registry-qualified juvenile offender~~	10278
~~registrant~~ name, by county, by zip code, and by school district.	10279
The database shall provide a link to the web site of each sheriff	10280
who has established and operates on the internet a sex offender	10281
and child-victim offender database that contains information for	10282
offenders ~~and public registry-qualified juvenile offender~~	10283
~~registrants~~ who register in that county pursuant to section	10284
2950.04 or 2950.041 of the Revised Code, with the link being a	10285
direct link to the sex offender and child-victim offender database	10286
for the sheriff. The bureau shall provide on the database, for	10287
each offender ~~and public registry-qualified juvenile offender~~	10288
~~registrant~~, at least the following information:	10289

(a) The information described in divisions (A)(1)(a), (b),	10290
(c), and (d) of this section relative to the offender ~~or public~~	10291
~~registry-qualified juvenile offender registrant~~;	10292

(b) The address of the offender's ~~or public~~	10293
~~registry-qualified juvenile offender registrant's~~ school,	10294
institution of higher education, or place of employment provided	10295
in a registration form;	10296

(c) ~~The~~If the sexually oriented offense or child-victim	10297
oriented offense that is the basis of the offender's duty to	10298
register was committed prior to January 1, 2008, all of the	10299
following:	10300

(i) The information described in division (C)(6) of section	10301
2950.04 or 2950.041 of the Revised Code;	10302

~~(d)~~(ii) A chart describing which sexually oriented offenses	10303
and child-victim oriented offenses are included in the definitions	10304
of tier I sex offender/child-victim offender, tier II sex	10305
offender/child-victim offender, and tier III sex	10306
offender/child-victim offender;	10307

~~(e)~~(iii) Fingerprints and ~~palm prints~~palmprints of the	10308
offender ~~or public registry-qualified juvenile offender~~	10309
~~registrant~~ and a DNA specimen from the offender ~~or public~~	10310
~~registry-qualified juvenile offender registrant;~~.	10311

~~(f)~~(d) The information set forth in division (B) of section	10312
2950.11 of the Revised Code;	10313

~~(g) Any~~(e) If the sexually oriented offense or child-victim	10314
oriented offense that is the basis of the offender's duty to	10315
register was committed prior to January 1, 2008, any outstanding	10316
arrest warrants for the offender ~~or public registry-qualified~~	10317
~~juvenile offender registrant~~;	10318

~~(h)~~(f) The offender's ~~or public registry-qualified juvenile~~	10319
~~offender registrant's~~ compliance status with duties under this	10320
chapter.	10321

(12) Develop software to be used by sheriffs in establishing	10322
on the internet a sex offender and child-victim offender database	10323
for the public dissemination of some or all of the information and	10324
materials described in division (A) of section 2950.081 of the	10325
Revised Code that are public records under that division, that are	10326
not prohibited from inclusion by division (B) of that section, and	10327
that pertain to offenders ~~and public registry-qualified juvenile~~	10328
~~offender registrants~~ who register in the sheriff's county pursuant	10329
to section 2950.04 or 2950.041 of the Revised Code and for the	10330
public dissemination of information the sheriff receives pursuant	10331
to section 2950.14 of the Revised Code and, upon the request of	10332
any sheriff, provide technical guidance to the requesting sheriff	10333
in establishing on the internet such a database;	10334

(13) Through the bureau of criminal identification and	10335
investigation, not later than January 1, 2004, establish and	10336
operate on the internet a database that enables local law	10337
enforcement representatives to remotely search by electronic means	10338
the state registry of sex offenders and child-victim offenders	10339
described in division (A)(1) of this section and any information	10340
and materials the bureau receives pursuant to sections 2950.04,	10341
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	10342
database shall enable local law enforcement representatives to	10343
obtain detailed information regarding each offender and delinquent	10344
child who is included in the registry, including, but not limited	10345
to the offender's or delinquent child's name, aliases, residence	10346
address, name and address of any place of employment, school,	10347
institution of higher education, if applicable, license plate	10348
number of each vehicle identified in division (C)(5) of section	10349
2950.04 or 2950.041 of the Revised Code to the extent applicable,	10350
victim preference if available, date of most recent release from	10351
confinement if applicable, fingerprints, and palmprints, all of	10352
the information and material described in ~~division~~divisions	10353
(A)(1)(a) to (h) of this section regarding the offender or	10354
delinquent child, and other identification parameters the bureau	10355
considers appropriate. The database is not a public record open	10356
for inspection under section 149.43 of the Revised Code and shall	10357
be available only to law enforcement representatives as described	10358
in this division. Information obtained by local law enforcement	10359
representatives through use of this database is not open to	10360
inspection by the public or by any person other than a person	10361
identified in division (A) of section 2950.08 of the Revised Code.	10362

(14) Through the bureau of criminal identification and	10363
investigation, maintain a list of requests for notice about a	10364
specified offender or delinquent child or specified geographical	10365
notification area made pursuant to division (J) of section 2950.11	10366
of the Revised Code and, when an offender or delinquent child	10367
changes residence to another county, forward any requests for	10368
information about that specific offender or delinquent child to	10369
the appropriate sheriff;	10370

(15) Through the bureau of criminal identification and	10371
investigation, establish and operate a system for the immediate	10372
notification by electronic means of the appropriate officials in	10373
other states specified in this division each time an offender or	10374
delinquent child registers a residence, school, institution of	10375
higher education, or place of employment address under section	10376
2950.04 or 2950.041 of the ~~revised~~Revised Code or provides a	10377
notice of a change of address or registers a new address under	10378
division (A) or (B) of section 2950.05 of the Revised Code. The	10379
immediate notification by electronic means shall be provided to	10380
the appropriate officials in each state in which the offender or	10381
delinquent child is required to register a residence, school,	10382
institution of higher education, or place of employment address.	10383
The notification shall contain the offender's or delinquent	10384
child's name and all of the information the bureau receives from	10385
the sheriff with whom the offender or delinquent child registered	10386
the address or provided the notice of change of address or	10387
registered the new address.	10388

(B) The attorney general in consultation with local law	10389
enforcement representatives, may adopt rules that establish one or	10390
more categories of neighbors of an offender or delinquent child	10391
who, in addition to the occupants of residential premises and	10392
other persons specified in division (A)(1) of section 2950.11 of	10393
the Revised Code, must be given the notice described in division	10394
(B) of that section.	10395

(C) No person, other than a local law enforcement	10396
representative, shall knowingly do any of the following:	10397

(1) Gain or attempt to gain access to the database	10398
established and operated by the attorney general, through the	10399
bureau of criminal identification and investigation, pursuant to	10400
division (A)(13) of this section.	10401

(2) Permit any person to inspect any information obtained	10402
through use of the database described in division (C)(1) of this	10403
section, other than as permitted under that division.	10404

(D) As used in this section, "local law enforcement	10405
representatives" means representatives of the sheriffs of this	10406
state, representatives of the municipal chiefs of police and	10407
marshals of this state, and representatives of the township	10408
constables and chiefs of police of the township police departments	10409
or police district police forces of this state.	10410

Sec. 2950.131. (A) By January 1, 2008, the bureau of criminal	10411
identification and investigation, with the assistance of the	10412
office of criminal justice services, shall include on the internet	10413
sex offender and child-victim offender database established and	10414
operated pursuant to division (A)(11) of section 2950.13 of the	10415
Revised Code a link to educational information for the public on	10416
current research about sex offenders and child-victim offenders.	10417
Each sheriff who has established on the internet a sex offender	10418
and child-victim offender database may include a link to this	10419
information on the sheriff's internet database.	10420

(B) By January 1, 2008, the internet sex offender and	10421
child-victim offender database established and operated pursuant	10422
to division (A)(11) of section 2950.13 of the Revised Code and	10423
each sheriff's internet sex offender and child-victim offender	10424
database is required to inform offenders ~~and public~~	10425
~~registry-qualified juvenile offender registrants~~ that they may	10426
contact the sheriff of the county in which the offender or	10427
~~delinquent child~~ registered an address if the offender or	10428
~~delinquent child~~ believes that information contained on the	10429
internet sex offender and child-victim offender database or	10430
sheriff's internet sex offender and child-victim offender database	10431
pertaining to the offender ~~or delinquent child~~ is incorrect.	10432

Sec. 2950.14. (A) Prior to releasing an offender who is	10433
under the custody and control of the department of rehabilitation	10434
and correction and who has been convicted of or pleaded guilty to	10435
committing, either prior to, on, or after January 1, 1997, any	10436
sexually oriented offense or any child-victim oriented offense,	10437
the department of rehabilitation and correction shall provide all	10438
of the information described in division (B) of this section to	10439
the bureau of criminal identification and investigation regarding	10440
the offender and to the sheriff of the county in which the	10441
offender's anticipated future residence is located. Prior to	10442
releasing a delinquent child who is in the custody of the	10443
department of youth services who has been adjudicated a delinquent	10444
child for committing any sexually oriented offense or any	10445
child-victim oriented offense, regardless of when the offense was	10446
committed, and who has been classified a juvenile offender	10447
registrant based on that adjudication, the department of youth	10448
services shall provide all of the information described in	10449
division (B) of this section to the bureau of criminal	10450
identification and investigation regarding the delinquent child.	10451

(B) The department of rehabilitation and correction and the	10452
department of youth services shall provide all of the following	10453
information to the bureau of criminal identification and	10454
investigation regarding an offender or delinquent child described	10455
in division (A) of this section:	10456

(1) The offender's or delinquent child's name and any aliases	10457
used by the offender or delinquent child;	10458

(2) All identifying factors concerning, and a physical	10459
description of, the offender or delinquent child;	10460

(3) The offender's or delinquent child's anticipated future	10461
residence;	10462

(4) The offense and delinquency history and the terms and	10463
conditions of release of the offender or delinquent child;	10464

(5) Whether the offender or delinquent child was treated for	10465
a mental abnormality or personality disorder while under the	10466
custody and control of the department;	10467

(6) Any other information that the bureau indicates is	10468
relevant and that the department possesses.	10469

(C) Upon receipt of the information described in division (B)	10470
of this section regarding an offender or delinquent child, the	10471
bureau immediately shall enter the information into the state	10472
registry of sex offenders and child-victim offenders that the	10473
bureau maintains pursuant to section 2950.13 of the Revised Code	10474
and into the records that the bureau maintains pursuant to	10475
division (A) of section 109.57 of the Revised Code. Upon receipt	10476
of that information regarding an offender, the bureau immediately	10477
shall enter the information on the sex offender and child-victim	10478
offender database it establishes and operates on the internet	10479
pursuant to division (A)(11) of section 2950.13 of the Revised	10480
Code.	10481

(D) Upon receipt of the information described in division (B)	10482
of this section regarding an offender, a sheriff who has	10483
established on the internet a sex offender and child-victim	10484
offender database for the public dissemination of information	10485
regarding such offenders shall enter that information on the	10486
database. A sheriff shall not enter any information regarding any	10487
delinquent child on that database.	10488

Sec. 2950.15. (A) As used in this section and section	10489
2950.16 of the Revised Code, "eligible offender" means a person	10490
who is convicted of, pleads guilty to, was convicted of, or	10491
pleaded guilty to a sexually oriented offense or child-victim	10492
oriented offense, regardless of when the offense was committed,	10493
and is a tier I sex offender/child-victim offender ~~or a child who~~	10494
~~is or was adjudicated a delinquent child for committing a sexually~~	10495
~~oriented offense or child-victim oriented offense, regardless of~~	10496
~~when the offense was committed, and is a public registry-qualified~~	10497
~~juvenile offender registrant~~.	10498

(B) Pursuant to this section, an eligible offender may make a	10499
motion to the court of common pleas ~~or, for a delinquent child,~~	10500
~~the juvenile court~~ of the county in which the eligible offender	10501
resides requesting that the court terminate the eligible	10502
offender's duty to comply with sections 2950.04, 2950.041,	10503
2950.05, and 2950.06 of the Revised Code. If the eligible offender	10504
is not a resident of this state, the eligible offender may make a	10505
motion to the court of common pleas of the county in which the	10506
eligible offender has registered pursuant to section 2950.04 or	10507
2950.041 of the Revised Code, but if the eligible offender has	10508
registered addresses of that nature in more than one county, the	10509
eligible offender may make such a motion in the court of only one	10510
of those counties. Notwithstanding any state or local rule	10511
assigning costs and fees for filing and processing civil and	10512
criminal cases, the fee for filing the motion shall be one hundred	10513
fifty dollars. This fee shall be applied to any further processing	10514
of the motion, including, but not limited to, the costs associated	10515
with investigating the motion, notifying relevant parties,	10516
scheduling hearings, and recording and reporting the court's	10517
determination.	10518

(C)~~(1) Except as provided in division (C)(2) of this section,~~	10519
anAn eligible offender who is classified a tier I sex	10520
offender/child-victim offender may make a motion under division	10521
(B) of this section upon the expiration of ten years after the	10522
eligible offender's duty to comply with division (A)(2) or (4) of	10523
section 2950.04 or division (A)(2) or (4) of section 2950.041 and	10524
sections 2950.05 and 2950.06 of the Revised Code begins in	10525
relation to the offense for which the eligible offender is subject	10526
to those provisions.	10527

~~(2) An eligible offender who is a delinquent child and is~~	10528
~~classified a public registry-qualified juvenile offender~~	10529
~~registrant may make a motion under division (B) of this section~~	10530
~~upon the expiration of twenty-five years after the eligible~~	10531
~~offender's duty to comply with division (A)(3) or (4) of section~~	10532
~~2950.04 and sections 2950.05 and 2950.06 of the Revised Code~~	10533
~~begins in relation to the offense for which the eligible offender~~	10534
~~is subject to those provisions.~~	10535

(D) An eligible offender who makes a motion under division	10536
(B) of this section shall include all of the following with the	10537
motion:	10538

(1) A certified copy of the judgment entry and any other	10539
documentation of the sentence ~~or disposition~~ given for the offense	10540
or offenses for which the eligible offender was convicted,or	10541
pleaded guilty~~, or was adjudicated a delinquent child~~;	10542

(2) Documentation of the date of discharge from supervision	10543
or release, whichever is applicable;	10544

(3) Evidence that the eligible offender has completed a sex	10545
offender or child-victim offender treatment program certified by	10546
the department of rehabilitation and correction ~~or the department~~	10547
~~of youth services~~ pursuant to section 2950.16 of the Revised Code;	10548

(4) Evidence that the eligible offender has not been	10549
convicted of, pleaded guilty to, or been adjudicated a delinquent	10550
child for committing any subsequent sexually oriented offense,	10551
child-victim oriented offense, or other criminal offense, except	10552
for a minor misdemeanor traffic offense;	10553

(5) Evidence that the eligible offender has paid any	10554
financial sanctions imposed upon the offender pursuant to section	10555
2929.18 or 2929.28 of the Revised Code.	10556

(E) Upon the filing of a motion pursuant to division (B) of	10557
this section, the offender ~~or delinquent child~~ shall serve a copy	10558
of the motion on the prosecutor who handled the case in which the	10559
eligible offender was convicted of,or pleaded guilty to~~, or was~~	10560
~~adjudicated a delinquent child for committing~~ the sexually	10561
oriented offense or child-victim oriented offense. Upon the filing	10562
of the motion, the court shall set a tentative date for a hearing	10563
on the motion that is not later than one hundred eighty days from	10564
the date the motion is filed unless good cause exists to hold the	10565
hearing at a later date and shall notify the eligible offender and	10566
the prosecutor of the date, time, and place of the hearing. The	10567
court shall then forward a copy of the motion and its supporting	10568
documentation to the court's probation department or another	10569
appropriate agency to investigate the merits of the motion. The	10570
probation department or agency shall submit a written report	10571
detailing its investigation to the court within sixty days of	10572
receiving the motion and supporting documentation.	10573

Upon receipt of the written report from the probation	10574
department or other appropriate agency, the court shall forward a	10575
copy of the motion, supporting documentation, and the written	10576
report to the prosecutor.	10577

(F)(1) After the prosecutor is served with a copy of the	10578
motion as described in division (E) of this section, the	10579
prosecutor shall notify the victim of any offense for which the	10580
eligible offender is requesting a termination of duties under	10581
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	10582
Code. The victim may submit a written statement to the prosecutor	10583
regarding any knowledge the victim has of the eligible offender's	10584
conduct while subject to the duties imposed by sections 2950.04,	10585
2950.041, 2950.05, and 2950.06 of the Revised Code.	10586

(2) At least seven days before the hearing date, the	10587
prosecutor may file an objection to the motion with the court and	10588
serve a copy of the objection to the motion to the eligible	10589
offender or the eligible offender's attorney.	10590

(G) In addition to the evidence that accompanies the motion	10591
described in division (D) of this section and the written report	10592
submitted pursuant to division (E) of this section, in determining	10593
whether to grant a motion made under division (B) of this section,	10594
the court may consider any other evidence the court considers	10595
relevant, including, but not limited to, evidence of the following	10596
while the eligible offender has been subject to the duties imposed	10597
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	10598
Revised Code:	10599

(1) Whether the eligible offender's driver's license,	10600
commercial driver's license, temporary instruction permit,	10601
probationary license, or nonresident operating privilege has ever	10602
been suspended;	10603

(2) Whether the eligible offender has maintained financial	10604
responsibility for a motor vehicle as required by section 4509.101	10605
of the Revised Code;	10606

(3) Whether the eligible offender has satisfied any child or	10607
spousal support obligations, if applicable;	10608

(4) Whether the eligible offender has paid all local, state,	10609
and federal income taxes, and has timely filed all associated	10610
income tax returns, as required by local, state, or federal law;	10611

(5) Whether there is evidence that the eligible offender has	10612
adequately addressed sex offending or child-victim offending	10613
behaviors;	10614

(6) Whether the eligible offender has maintained a residence	10615
for a substantial period of time;	10616

(7) Whether the eligible offender has maintained employment	10617
or, if the eligible offender has not been employed while under a	10618
duty to comply with sections 2950.04, 2950.041, 2950.05, and	10619
2950.06 of the Revised Code, whether the eligible offender has	10620
satisfied the offender's financial obligations through other	10621
manners of support such as disability payments, a pension, spousal	10622
or child support, or scholarships or grants;	10623

(8) Whether the eligible offender has adequately addressed	10624
any drug or alcohol abuse or addiction;	10625

(9) Letters of reference;

10626

(10) Documentation of the eligible offender's service to the	10627
community or to specific individuals in need.	10628

(H)(1) The court, without a hearing, may issue an order	10629
denying the eligible offender's motion to terminate the eligible	10630
offender's duty to comply with sections 2950.04, 2950.041,	10631
2950.05, and 2950.06 of the Revised Code if the court, based on	10632
the evidence submitted with the motion pursuant to division (D) of	10633
this section and the written report submitted pursuant to division	10634
(E) of this section and after considering the factors described in	10635
division (G) of this section, finds that those duties should not	10636
be terminated.	10637

(2) If the prosecutor does not file an objection to the	10638
eligible offender's application as provided in division (F)(2) of	10639
this section, the court, without a hearing, may issue an order	10640
that terminates the eligible offender's duty to comply with	10641
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	10642
Code if the court, based on the evidence submitted with the motion	10643
pursuant to division (D) of this section and the written report	10644
submitted pursuant to division (E) of this section and after	10645
considering the factors described in division (G) of this section,	10646
finds that those duties should be terminated.	10647

(3) If the court does not issue an order under division	10648
(H)(1) or (2) of this section, the court shall hold a hearing to	10649
determine whether to grant or deny the motion. At the hearing, the	10650
Rules of Civil Procedure ~~or, if the hearing is in a juvenile~~	10651
~~court, the Rules of Juvenile Procedure~~ apply, except to the extent	10652
that those Rules would by their nature be clearly inapplicable. At	10653
the hearing, the eligible offender has the burden of going forward	10654
with the evidence and the burden of proof by a preponderance of	10655
the evidence. If, after considering the evidence submitted with	10656
the motion pursuant to division (D) of this section, the written	10657
report submitted pursuant to division (E) of this section, and the	10658
factors described in division (G) of this section, the court finds	10659
that the eligible offender has satisfied the burden of proof, the	10660
court shall issue an order that terminates the eligible offender's	10661
duty to comply with sections 2950.04, 2950.041, 2950.05, and	10662
2950.06 of the Revised Code. If the court finds that the eligible	10663
offender has not satisfied the burden of proof, the court shall	10664
issue an order denying the motion.	10665

(4)(a) The court shall provide prompt notice of its order	10666
issued pursuant to division (H)(1), (2), or (3) of this section to	10667
the eligible offender or the eligible offender's attorney.	10668

(b) If the court issues an order terminating the eligible	10669
offender's duty to comply with sections 2950.04, 2950.041,	10670
2950.05, and 2950.06 of the Revised Code, the court shall promptly	10671
forward a copy of the order to the bureau of criminal	10672
identification and investigation. Upon receipt of the order, the	10673
bureau shall update all records pertaining to the eligible	10674
offender to reflect the termination order. The bureau also shall	10675
notify every sheriff with whom the eligible offender has most	10676
recently registered under section 2950.04, 2950.041, or 2950.05 of	10677
the Revised Code of the termination order.	10678

(c) If the court issues an order terminating the eligible	10679
offender's duty to comply with sections 2950.04, 2950.041,	10680
2950.05, and 2950.06 of the Revised Code, the court shall promptly	10681
forward a copy of the order to any court that sentenced the	10682
offender ~~or adjudicated the child a delinquent child~~ for a	10683
sexually oriented offense or child-victim oriented offense that is	10684
the basis of the termination order. The court that receives this	10685
notice shall retain a copy of the order in the eligible offender's	10686
original case file.	10687

Sec. 2950.99. (A)~~(1)(a) Except as otherwise provided in~~	10688
~~division (A)(1)(b) of this section, whoever~~Whoever violates a	10689
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	10690
the Revised Code shall be punished as follows if the most serious	10691
sexually oriented offense or child-victim oriented offense that	10692
was the basis of the registration, notice of intent to reside,	10693
change of address notification, or address verification	10694
requirement that was violated under the prohibition was committed	10695
prior to January 1, 2008:	10696

(1) Except as otherwise provided in division (A)(3) of this	10697
section, if the most serious sexually oriented offense or	10698
child-victim oriented offense that was the basis of the	10699
requirement that was violated under the prohibition is aggravated	10700
murder, murder, or a felony of the first, second, or third degree	10701
if committed by an adult, the offender is guilty of a felony of	10702
the third degree.	10703

(2) Except as otherwise provided in division (A)(3) of this	10704
section, if the most serious sexually oriented offense or	10705
child-victim oriented offense that was the basis of the	10706
requirement that was violated under the prohibition is a felony of	10707
the fourth or fifth degree if committed by an adult or is a	10708
misdemeanor if committed by an adult, the offender is guilty of a	10709
felony of the same degree or a misdemeanor of the same degree as	10710
the most serious such offense that was the basis of the	10711
requirement that was violated under the prohibition.	10712

(3) If the offender previously has been convicted of or	10713
pleaded guilty to, or previously has been adjudicated a delinquent	10714
child for committing, a violation of a prohibition in section	10715
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, the	10716
offender shall be punished as follows:	10717

(a) If the most serious sexually oriented offense or	10718
child-victim oriented offense that was the basis of the	10719
requirement that was violated under the prohibition is aggravated	10720
murder, murder, or a felony of the first, second, third, or fourth	10721
degree if committed by an adult, the offender is guilty of a	10722
felony of the third degree.	10723

(b) If the most serious sexually oriented offense or	10724
child-victim oriented offense that was the basis of the	10725
requirement that was violated under the prohibition is a felony of	10726
the fifth degree if committed by an adult, the offender is guilty	10727
of a felony of the fourth degree.	10728

(c) If the most serious sexually oriented offense or	10729
child-victim oriented offense that was the basis of the	10730
requirement that was violated under the prohibition is a	10731
misdemeanor of the first degree if committed by an adult, the	10732
offender is guilty of a felony of the fifth degree.	10733

(d) If the most serious sexually oriented offense or	10734
child-victim oriented offense that was the basis of the	10735
requirement that was violated under the prohibition is a	10736
misdemeanor other than a misdemeanor of the first degree if	10737
committed by an adult, the offender is guilty of a misdemeanor	10738
that is one degree higher than the most serious sexually oriented	10739
offense or child-victim oriented offense that was the basis of the	10740
requirement that was violated under the prohibition.	10741

(B) Whoever violates a prohibition in section 2950.04,	10742
2950.041, 2950.05, or 2950.06 of the Revised Code shall be	10743
punished as follows if the most serious sexually oriented offense	10744
or child-victim oriented offense that was the basis of the	10745
registration, notice of intent to reside, change of address	10746
notification, or address verification requirement that was	10747
violated under the prohibition was committed on or after January	10748
1, 2008:	10749

~~(i) If~~(1) Except as otherwise provided in division (B)(4) of	10750
this section, if the most serious sexually oriented offense that	10751
was the basis of the ~~registration, notice of intent to reside,~~	10752
~~change of address notification, or address verification~~	10753
requirement that was violated under the prohibition is aggravated	10754
murder or murder if committed by an adult or a comparable category	10755
of offense committed in another jurisdiction, the offender is	10756
guilty of a felony of the first degree.	10757

~~(ii) If~~(2) Except as otherwise provided in division (B)(4)	10758
of this section, if the most serious sexually oriented offense or	10759
child-victim oriented offense that was the basis of the	10760
~~registration, notice of intent to reside, change of address~~	10761
~~notification, or address verification~~ requirement that was	10762
violated under the prohibition is a felony of the first, second,	10763
third, or fourth degree if committed by an adult or a comparable	10764
category of offense committed in another jurisdiction, the	10765
offender is guilty of a felony of the same degree as the most	10766
serious sexually oriented offense or child-victim oriented offense	10767
that was the basis of the registration, notice of intent to	10768
reside, change of address, or address verification requirement	10769
that was violated under the prohibition, or, if the most serious	10770
sexually oriented offense or child-victim oriented offense that	10771
was the basis of the ~~registration, notice of intent to reside,~~	10772
~~change of address, or address verification~~ requirement that was	10773
violated under the prohibition is a comparable category of offense	10774
committed in another jurisdiction, the offender is guilty of a	10775
felony of the same degree as that offense committed in the other	10776
jurisdiction would constitute if committed in this state.	10777

~~(iii) If~~(3) Except as otherwise provided in division (B)(4)	10778
of this section, if the most serious sexually oriented offense or	10779
child-victim oriented offense that was the basis of the	10780
~~registration, notice of intent to reside, change of address~~	10781
~~notification, or address verification~~ requirement that was	10782
violated under the prohibition is a felony of the fifth degree or	10783
a misdemeanor if committed by an adult or a comparable category of	10784
offense committed in another jurisdiction, the offender is guilty	10785
of a felony of the fourth degree.	10786

~~(b)~~(4) If the offender previously has been convicted of or	10787
pleaded guilty to, or previously has been adjudicated a delinquent	10788
child for committing, a violation of a prohibition in section	10789
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	10790
whoever violates a prohibition in section 2950.04, 2950.041,	10791
2950.05, or 2950.06 of the Revised Code shall be punished as	10792
follows:	10793

~~(i)~~(a) If the most serious sexually oriented offense that was	10794
the basis of the ~~registration, notice of intent to reside, change~~	10795
~~of address notification, or address verification~~ requirement that	10796
was violated under the prohibition is aggravated murder or murder	10797
if committed by an adult or a comparable category of offense	10798
committed in another jurisdiction, the offender is guilty of a	10799
felony of the first degree.	10800

~~(ii)~~(b) If the most serious sexually oriented offense or	10801
child-victim oriented offense that was the basis of the	10802
~~registration, notice of intent to reside, change of address~~	10803
~~notification, or address verification~~ requirement that was	10804
violated under the prohibition is a felony of the first, second,	10805
or third degree if committed by an adult or a comparable category	10806
of offense committed in another jurisdiction, the offender is	10807
guilty of a felony of the same degree as the most serious sexually	10808
oriented offense or child-victim oriented offense that was the	10809
basis of the ~~registration, notice of intent to reside, change of~~	10810
~~address, or address verification~~ requirement that was violated	10811
under the prohibition, or, if the most serious sexually oriented	10812
offense or child-victim oriented offense that was the basis of the	10813
~~registration, notice of intent to reside, change of address, or~~	10814
~~address verification~~ requirement that was violated under the	10815
prohibition is a comparable category of offense committed in	10816
another jurisdiction, the offender is guilty of a felony of the	10817
same degree as that offense committed in the other jurisdiction	10818
would constitute if committed in this state.	10819

~~(iii)~~(c) If the most serious sexually oriented offense or	10820
child-victim oriented offense that was the basis of the	10821
~~registration, notice of intent to reside, change of address~~	10822
~~notification, or address verification~~ requirement that was	10823
violated under the prohibition is a felony of the fourth or fifth	10824
degree if committed by an adult or a comparable category of	10825
offense committed in another jurisdiction, the offender is guilty	10826
of a felony of the third degree.	10827

~~(iv)~~(d) If the most serious sexually oriented offense or	10828
child-victim oriented offense that was the basis of the	10829
~~registration, notice of intent to reside, change of address~~	10830
~~notification, or address verification~~ requirement that was	10831
violated under the prohibition is a misdemeanor if committed by an	10832
adult or a comparable category of offense committed in another	10833
jurisdiction, the offender is guilty of a felony of the fourth	10834
degree.	10835

~~(2)(a)~~(C)(1) In addition to any penalty or sanction imposed	10836
under division (A)~~(1)~~or (B) of this section or any other	10837
provision of law for a violation of a prohibition in section	10838
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	10839
offender or delinquent child is subject to a community control	10840
sanction, is on probation or parole, is subject to one or more	10841
post-release control sanctions, or is subject to any other type of	10842
supervised release at the time of the violation, the violation	10843
shall constitute a violation of the terms and conditions of the	10844
community control sanction, probation, parole, post-release	10845
control sanction, or other type of supervised release.	10846

~~(b)~~(2) In addition to any penalty or sanction imposed under	10847
division ~~(A)(1)(b)(i), (ii), or (iii)~~(B)(4)(a), (b), or (c) of	10848
this section or any other provision of law for a violation of a	10849
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	10850
the Revised Code, if the offender previously has been convicted of	10851
or pleaded guilty to, or previously has been adjudicated a	10852
delinquent child for committing, a violation of a prohibition in	10853
section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code	10854
when the most serious sexually oriented offense or child-victim	10855
oriented offense that was the basis of the requirement that was	10856
violated under the prohibition is a felony if committed by an	10857
adult or a comparable category of offense committed in another	10858
jurisdiction, the court imposing a sentence upon the offender	10859
shall impose a definite prison term of no less than three years.	10860
The definite prison term imposed under this section, subject to	10861
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	10862
not be reduced to less than three years pursuant to any provision	10863
of Chapter 2967. or any other provision of the Revised Code.	10864

~~(3)~~(D) As used in division ~~(A)(1)~~(B) of this section,	10865
"comparable category of offense committed in another jurisdiction"	10866
means a sexually oriented offense or child-victim oriented offense	10867
that was the basis of the registration, notice of intent to	10868
reside, change of address notification, or address verification	10869
requirement that was violated, that is a violation of an existing	10870
or former law of another state or the United States, an existing	10871
or former law applicable in a military court or in an Indian	10872
tribal court, or an existing or former law of any nation other	10873
than the United States, and that, if it had been committed in this	10874
state, would constitute or would have constituted aggravated	10875
murder or murder for purposes of division (~~A)(1)(a)(i)~~(B)(1) of	10876
this section, a felony of the first, second, third, or fourth	10877
degree for purposes of division ~~(A)(1)(a)(ii)~~(B)(2) of this	10878
section, a felony of the fifth degree or a misdemeanor for	10879
purposes of division ~~(A)(1)(a)(iii)~~(B)(3) of this section,	10880
aggravated murder or murder for purposes of division	10881
~~(A)(1)(b)(i)~~(B)(4)(a) of this section, a felony of the first,	10882
second, or third degree for purposes of division	10883
~~(A)(1)(b)(ii)~~(B)(4)(b) of this section, a felony of the fourth or	10884
fifth degree for purposes of division ~~(A)(1)(b)(iii)~~(B)(4)(c) of	10885
this section, or a misdemeanor for purposes of division	10886
~~(A)(1)(b)(iv)~~(B)(4)(d) of this section.	10887

~~(B)~~(E) If a person violates a prohibition in section 2950.04,	10888
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	10889
the person as a result of the person being adjudicated a	10890
delinquent child and being classified a juvenile offender	10891
registrant or an out-of-state juvenile offender registrant,	10892
regardless of whether the most serious sexually oriented offense	10893
or child-victim oriented offense that was the basis of the	10894
registration, notice of intent to reside, change of address	10895
notification, or address verification requirement that was	10896
violated under the prohibition was committed prior to, on, or	10897
after January 1, 2008, both of the following apply:	10898

(1) If the violation occurs while the person is under	10899
eighteen years of age, the person is subject to proceedings under	10900
Chapter 2152. of the Revised Code based on the violation.	10901

(2) If the violation occurs while the person is eighteen	10902
years of age or older, the person is subject to criminal	10903
prosecution based on the violation.	10904

~~(C)~~(F) Whoever violates division (C) of section 2950.13 of	10905
the Revised Code is guilty of a misdemeanor of the first degree.	10906

Sec. 2971.03. (A) Notwithstanding divisions (A) and (D) of	10907
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	10908
another section of the Revised Code, other than divisions (B) and	10909
(C) of section 2929.14 of the Revised Code, that authorizes or	10910
requires a specified prison term or a mandatory prison term for a	10911
person who is convicted of or pleads guilty to a felony or that	10912
specifies the manner and place of service of a prison term or term	10913
of imprisonment, the court shall impose a sentence upon a person	10914
who is convicted of or pleads guilty to a violent sex offense and	10915
who also is convicted of or pleads guilty to a sexually violent	10916
predator specification that was included in the indictment, count	10917
in the indictment, or information charging that offense, and upon	10918
a person who is convicted of or pleads guilty to a designated	10919
homicide, assault, or kidnapping offense and also is convicted of	10920
or pleads guilty to both a sexual motivation specification and a	10921
sexually violent predator specification that were included in the	10922
indictment, count in the indictment, or information charging that	10923
offense, as follows:	10924

(1) If the offense for which the sentence is being imposed is	10925
aggravated murder and if the court does not impose upon the	10926
offender a sentence of death, it shall impose upon the offender a	10927
term of life imprisonment without parole. If the court sentences	10928
the offender to death and the sentence of death is vacated,	10929
overturned, or otherwise set aside, the court shall impose upon	10930
the offender a term of life imprisonment without parole.	10931

(2) If the offense for which the sentence is being imposed is	10932
murder; or if the offense is rape committed in violation of	10933
division (A)(1)(b) of section 2907.02 of the Revised Code when the	10934
offender purposely compelled the victim to submit by force or	10935
threat of force, when the victim was less than ten years of age,	10936
when the offender previously has been convicted of or pleaded	10937
guilty to either rape committed in violation of that division or a	10938
violation of an existing or former law of this state, another	10939
state, or the United States that is substantially similar to	10940
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	10941
the offender during or immediately after the commission of the	10942
rape caused serious physical harm to the victim; or if the offense	10943
is an offense other than aggravated murder or murder for which a	10944
term of life imprisonment may be imposed, it shall impose upon the	10945
offender a term of life imprisonment without parole.	10946

(3)(a) Except as otherwise provided in division (A)(3)(b),	10947
(c), (d), or (e) or (A)(4) of this section, if the offense for	10948
which the sentence is being imposed is an offense other than	10949
aggravated murder, murder, or rape and other than an offense for	10950
which a term of life imprisonment may be imposed, it shall impose	10951
an indefinite prison term consisting of a minimum term fixed by	10952
the court from among the range of terms available as a definite	10953
term for the offense, but not less than two years, and a maximum	10954
term of life imprisonment.	10955

(b) Except as otherwise provided in division (A)(4) of this	10956
section, if the offense for which the sentence is being imposed is	10957
kidnapping that is a felony of the first degree, it shall impose	10958
an indefinite prison term as follows:	10959

(i) If the kidnapping is committed on or after January 1,	10960
2008, and the victim of the offense is less than thirteen years of	10961
age, except as otherwise provided in this division, it shall	10962
impose an indefinite prison term consisting of a minimum term of	10963
fifteen years and a maximum term of life imprisonment. If the	10964
kidnapping is committed on or after January 1, 2008, the victim of	10965
the offense is less than thirteen years of age, and the offender	10966
released the victim in a safe place unharmed, it shall impose an	10967
indefinite prison term consisting of a minimum term of ten years	10968
and a maximum term of life imprisonment.	10969

(ii) If the kidnapping is committed prior to January 1, 2008,	10970
or division (A)(3)(b)(i) of this section does not apply, it shall	10971
impose an indefinite term consisting of a minimum term fixed by	10972
the court that is not less than ten years and a maximum term of	10973
life imprisonment.	10974

(c) Except as otherwise provided in division (A)(4) of this	10975
section, if the offense for which the sentence is being imposed is	10976
kidnapping that is a felony of the second degree, it shall impose	10977
an indefinite prison term consisting of a minimum term fixed by	10978
the court that is not less than eight years, and a maximum term of	10979
life imprisonment.	10980

(d) Except as otherwise provided in division (A)(4) of this	10981
section, if the offense for which the sentence is being imposed is	10982
rape for which a term of life imprisonment is not imposed under	10983
division (A)(2) of this section or division (B) of section 2907.02	10984
of the Revised Code, it shall impose an indefinite prison term as	10985
follows:	10986

(i) If the rape is committed on or after January 2, 2007, in	10987
violation of division (A)(1)(b) of section 2907.02 of the Revised	10988
Code, it shall impose an indefinite prison term consisting of a	10989
minimum term of twenty-five years and a maximum term of life	10990
imprisonment.	10991

(ii) If the rape is committed prior to January 2, 2007, or	10992
the rape is committed on or after January 2, 2007, other than in	10993
violation of division (A)(1)(b) of section 2907.02 of the Revised	10994
Code, it shall impose an indefinite prison term consisting of a	10995
minimum term fixed by the court that is not less than ten years,	10996
and a maximum term of life imprisonment.	10997

(e) Except as otherwise provided in division (A)(4) of this	10998
section, if the offense for which sentence is being imposed is	10999
attempted rape, it shall impose an indefinite prison term as	11000
follows:	11001

(i) Except as otherwise provided in division (A)(3)(e)(ii),	11002
(iii), or (iv) of this section, it shall impose an indefinite	11003
prison term pursuant to division (A)(3)(a) of this section.	11004

(ii) If the attempted rape for which sentence is being	11005
imposed was committed on or after January 2, 2007, and if the	11006
offender also is convicted of or pleads guilty to a specification	11007
of the type described in section 2941.1418 of the Revised Code, it	11008
shall impose an indefinite prison term consisting of a minimum	11009
term of five years and a maximum term of twenty-five years.	11010

(iii) If the attempted rape for which sentence is being	11011
imposed was committed on or after January 2, 2007, and if the	11012
offender also is convicted of or pleads guilty to a specification	11013
of the type described in section 2941.1419 of the Revised Code, it	11014
shall impose an indefinite prison term consisting of a minimum	11015
term of ten years and a maximum of life imprisonment.	11016

(iv) If the attempted rape for which sentence is being	11017
imposed was committed on or after January 2, 2007, and if the	11018
offender also is convicted of or pleads guilty to a specification	11019
of the type described in section 2941.1420 of the Revised Code, it	11020
shall impose an indefinite prison term consisting of a minimum	11021
term of fifteen years and a maximum of life imprisonment.	11022

(4) For any offense for which the sentence is being imposed,	11023
if the offender previously has been convicted of or pleaded guilty	11024
to a violent sex offense and also to a sexually violent predator	11025
specification that was included in the indictment, count in the	11026
indictment, or information charging that offense, or previously	11027
has been convicted of or pleaded guilty to a designated homicide,	11028
assault, or kidnapping offense and also to both a sexual	11029
motivation specification and a sexually violent predator	11030
specification that were included in the indictment, count in the	11031
indictment, or information charging that offense, it shall impose	11032
upon the offender a term of life imprisonment without parole.	11033

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	11034
of section 2929.14, or another section of the Revised Code other	11035
than division (B) of section 2907.02 or divisions (B) and (C) of	11036
section 2929.14 of the Revised Code that authorizes or requires a	11037
specified prison term or a mandatory prison term for a person who	11038
is convicted of or pleads guilty to a felony or that specifies the	11039
manner and place of service of a prison term or term of	11040
imprisonment, if a person is convicted of or pleads guilty to a	11041
violation of division (A)(1)(b) of section 2907.02 of the Revised	11042
Code committed on or after January 2, 2007, if division (A) of	11043
this section does not apply regarding the person, and if the court	11044
does not impose a sentence of life without parole when authorized	11045
pursuant to division (B) of section 2907.02 of the Revised Code,	11046
the court shall impose upon the person an indefinite prison term	11047
consisting of one of the following:	11048

(a) Except as otherwise required in division (B)(1)(b) or (c)	11049
of this section, a minimum term of ten years and a maximum term of	11050
life imprisonment.	11051

(b) If the victim was less than ten years of age, a minimum	11052
term of fifteen years and a maximum of life imprisonment.	11053

(c) If the offender purposely compels the victim to submit by	11054
force or threat of force, or if the offender previously has been	11055
convicted of or pleaded guilty to violating division (A)(1)(b) of	11056
section 2907.02 of the Revised Code or to violating an existing or	11057
former law of this state, another state, or the United States that	11058
is substantially similar to division (A)(1)(b) of that section, or	11059
if the offender during or immediately after the commission of the	11060
offense caused serious physical harm to the victim, a minimum term	11061
of twenty-five years and a maximum of life imprisonment.	11062

(2) Notwithstanding section 2929.13, division (A) or (D) of	11063
section 2929.14, or another section of the Revised Code other than	11064
divisions (B) and (C) of section 2929.14 of the Revised Code that	11065
authorizes or requires a specified prison term or a mandatory	11066
prison term for a person who is convicted of or pleads guilty to a	11067
felony or that specifies the manner and place of service of a	11068
prison term or term of imprisonment and except as otherwise	11069
provided in division (B) of section 2907.02 of the Revised Code,	11070
if a person is convicted of or pleads guilty to attempted rape	11071
committed on or after January 2, 2007, and if division (A) of this	11072
section does not apply regarding the person, the court shall	11073
impose upon the person an indefinite prison term consisting of one	11074
of the following:	11075

(a) If the person also is convicted of or pleads guilty to a	11076
specification of the type described in section 2941.1418 of the	11077
Revised Code, the court shall impose upon the person an indefinite	11078
prison term consisting of a minimum term of five years and a	11079
maximum term of twenty-five years.	11080

(b) If the person also is convicted of or pleads guilty to a	11081
specification of the type described in section 2941.1419 of the	11082
Revised Code, the court shall impose upon the person an indefinite	11083
prison term consisting of a minimum term of ten years and a	11084
maximum term of life imprisonment.	11085

(c) If the person also is convicted of or pleads guilty to a	11086
specification of the type described in section 2941.1420 of the	11087
Revised Code, the court shall impose upon the person an indefinite	11088
prison term consisting of a minimum term of fifteen years and a	11089
maximum term of life imprisonment.	11090

(3) Notwithstanding section 2929.13, division (A) or (D) of	11091
section 2929.14, or another section of the Revised Code other than	11092
divisions (B) and (C) of section 2929.14 of the Revised Code that	11093
authorizes or requires a specified prison term or a mandatory	11094
prison term for a person who is convicted of or pleads guilty to a	11095
felony or that specifies the manner and place of service of a	11096
prison term or term of imprisonment, if a person is convicted of	11097
or pleads guilty to an offense described in division (B)(3)(a),	11098
(b), (c), or (d) of this section committed on or after January 1,	11099
2008, if the person also is convicted of or pleads guilty to a	11100
sexual motivation specification that was included in the	11101
indictment, count in the indictment, or information charging that	11102
offense, and if division (A) of this section does not apply	11103
regarding the person, the court shall impose upon the person an	11104
indefinite prison term consisting of one of the following:	11105

(a) An indefinite prison term consisting of a minimum of ten	11106
years and a maximum term of life imprisonment if the offense for	11107
which the sentence is being imposed is kidnapping, the victim of	11108
the offense is less than thirteen years of age, and the offender	11109
released the victim in a safe place unharmed;	11110

(b) An indefinite prison term consisting of a minimum of	11111
fifteen years and a maximum term of life imprisonment if the	11112
offense for which the sentence is being imposed is kidnapping when	11113
the victim of the offense is less than thirteen years of age and	11114
division (B)(3)(a) of this section does not apply;	11115

(c) An indefinite term consisting of a minimum of thirty	11116
years and a maximum term of life imprisonment if the offense for	11117
which the sentence is being imposed is aggravated murder, when the	11118
victim of the offense is less than thirteen years of age, a	11119
sentence of death or life imprisonment without parole is not	11120
imposed for the offense, and division (A)(2)(b)(ii) of section	11121
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	11122
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	11123
division (A) or (B) of section 2929.06 of the Revised Code	11124
requires that the sentence for the offense be imposed pursuant to	11125
this division;	11126

(d) An indefinite prison term consisting of a minimum of	11127
thirty years and a maximum term of life imprisonment if the	11128
offense for which the sentence is being imposed is murder when the	11129
victim of the offense is less than thirteen years of age.	11130

(C)(1) If the offender is sentenced to a prison term pursuant	11131
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	11132
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	11133
board shall have control over the offender's service of the term	11134
during the entire term unless the parole board terminates its	11135
control in accordance with section 2971.04 of the Revised Code.	11136

(2) Except as provided in division (C)(3) of this section, an	11137
offender sentenced to a prison term or term of life imprisonment	11138
without parole pursuant to division (A) of this section shall	11139
serve the entire prison term or term of life imprisonment in a	11140
state correctional institution. The offender is not eligible for	11141
judicial release under section 2929.20 of the Revised Code.	11142

(3) For a prison term imposed pursuant to division (A)(3),	11143
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	11144
(c), or (d) of this section, the court, in accordance with section	11145
2971.05 of the Revised Code, may terminate the prison term or	11146
modify the requirement that the offender serve the entire term in	11147
a state correctional institution if all of the following apply:	11148

(a) The offender has served at least the minimum term imposed	11149
as part of that prison term.	11150

(b) The parole board, pursuant to section 2971.04 of the	11151
Revised Code, has terminated its control over the offender's	11152
service of that prison term.	11153

(c) The court has held a hearing and found, by clear and	11154
convincing evidence, one of the following:	11155

(i) In the case of termination of the prison term, that the	11156
offender is unlikely to commit a sexually violent offense in the	11157
future;	11158

(ii) In the case of modification of the requirement, that the	11159
offender does not represent a substantial risk of physical harm to	11160
others.	11161

(4) An offender who has been sentenced to a term of life	11162
imprisonment without parole pursuant to division (A)(1), (2), or	11163
(4) of this section shall not be released from the term of life	11164
imprisonment or be permitted to serve a portion of it in a place	11165
other than a state correctional institution.	11166

(D) If a court sentences an offender to a prison term or term	11167
of life imprisonment without parole pursuant to division (A) of	11168
this section and the court also imposes on the offender one or	11169
more additional prison terms pursuant to division (B) of section	11170
2929.14 of the Revised Code, all of the additional prison terms	11171
shall be served consecutively with, and prior to, the prison term	11172
or term of life imprisonment without parole imposed upon the	11173
offender pursuant to division (A) of this section.	11174

(E) If the offender is convicted of or pleads guilty to two	11175
or more offenses for which a prison term or term of life	11176
imprisonment without parole is required to be imposed pursuant to	11177
division (A) of this section, divisions (A) to (D) of this section	11178
shall be applied for each offense. All minimum terms imposed upon	11179
the offender pursuant to division (A)(3) or (B) of this section	11180
for those offenses shall be aggregated and served consecutively,	11181
as if they were a single minimum term imposed under that division.	11182

(F)(1) If an offender is convicted of or pleads guilty to a	11183
violent sex offense and also is convicted of or pleads guilty to a	11184
sexually violent predator specification that was included in the	11185
indictment, count in the indictment, or information charging that	11186
offense, or is convicted of or pleads guilty to a designated	11187
homicide, assault, or kidnapping offense and also is convicted of	11188
or pleads guilty to both a sexual motivation specification and a	11189
sexually violent predator specification that were included in the	11190
indictment, count in the indictment, or information charging that	11191
offense, the conviction of or plea of guilty to the offense and	11192
the sexually violent predator specification automatically	11193
classifies the offender as a tier III sex offender/child-victim	11194
offender for purposes of Chapter 2950. of the Revised Code if the	11195
offender committed the offense on or after January 1, 2008, and a	11196
sexual predator for purposes of that chapter if the offender	11197
committed the offense prior to January 1, 2008.	11198

(2) If an offender is convicted of or pleads guilty to	11199
committing on or after January 2, 2007, a violation of division	11200
(A)(1)(b) of section 2907.02 of the Revised Code and either the	11201
offender is sentenced under section 2971.03 of the Revised Code or	11202
a sentence of life without parole is imposed under division (B) of	11203
section 2907.02 of the Revised Code, the conviction of or plea of	11204
guilty to the offense automatically classifies the offender as a	11205
tier III sex offender/child-victim offender for purposes of	11206
Chapter 2950. of the Revised Code if the offender committed the	11207
offense on or after January 1, 2008, and a sexual predator for	11208
purposes of that chapter if the offender committed the offense	11209
prior to January 1, 2008.	11210

(3) If a person is convicted of or pleads guilty to	11211
committing on or after January 2, 2007, attempted rape and also is	11212
convicted of or pleads guilty to a specification of the type	11213
described in section 2941.1418, 2941.1419, or 2941.1420 of the	11214
Revised Code, the conviction of or plea of guilty to the offense	11215
and the specification automatically classify the offender as a	11216
tier III sex offender/child-victim offender for purposes of	11217
Chapter 2950. of the Revised Code if the offender committed the	11218
offense on or after January 1, 2008, and a sexual predator for	11219
purposes of that chapter if the offender committed the offense	11220
prior to January 1, 2008.	11221

(4) If a person is convicted of or pleads guilty to one of	11222
the offenses described in division (B)(3)(a), (b), (c), or (d) of	11223
this section committed on or after January 1, 2008, and a sexual	11224
motivation specification related to the offense and the victim of	11225
the offense is less than thirteen years of age, the conviction of	11226
or plea of guilty to the offense automatically classifies the	11227
offender as a tier III sex offender/child-victim offender for	11228
purposes of Chapter 2950. of the Revised Code.	11229

Sec. 2971.05. (A)(1) After control over an offender's	11230
service of a prison term imposed pursuant to division (A)(3),	11231
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	11232
(c), or (d) of section 2971.03 of the Revised Code has been	11233
transferred pursuant to section 2971.04 of the Revised Code to the	11234
court, the court shall schedule, within thirty days of any of the	11235
following, a hearing on whether to modify in accordance with	11236
division (C) of this section the requirement that the offender	11237
serve the entire prison term in a state correctional institution	11238
or to terminate the prison term in accordance with division (D) of	11239
this section:	11240

(a) Control over the offender's service of a prison term is	11241
transferred pursuant to section 2971.04 of the Revised Code to the	11242
court, and no hearing to modify the requirement has been held;	11243

(b) Two years elapse after the most recent prior hearing held	11244
pursuant to division (A)(1) or (2) of this section;	11245

(c) The prosecuting attorney, the department of	11246
rehabilitation and correction, or the adult parole authority	11247
requests the hearing, and recommends that the requirement be	11248
modified or that the offender's prison term be terminated.	11249

(2) After control over the offender's service of a prison	11250
term has been transferred pursuant to section 2971.04 of the	11251
Revised Code to the court, the court, within thirty days of either	11252
of the following, shall conduct a hearing on whether to modify in	11253
accordance with division (C) of this section the requirement that	11254
the offender serve the entire prison term in a state correctional	11255
institution, whether to continue, revise, or revoke an existing	11256
modification of that requirement, or whether to terminate the term	11257
in accordance with division (D) of this section:	11258

(a) The requirement that the offender serve the entire prison	11259
term in a state correctional institution has been modified, and	11260
the offender is taken into custody for any reason.	11261

(b) The department of rehabilitation and correction or the	11262
prosecuting attorney notifies the court pursuant to section	11263
2971.06 of the Revised Code regarding a known or suspected	11264
violation of a term or condition of the modification or a belief	11265
that there is a substantial likelihood that the offender has	11266
committed or is about to commit a sexually violent offense.	11267

(3) After control over the offender's service of a prison	11268
term has been transferred pursuant to section 2971.04 of the	11269
Revised Code to the court, the court, in any of the following	11270
circumstances, may conduct a hearing within thirty days to	11271
determine whether to modify in accordance with division (C) of	11272
this section the requirement that the offender serve the entire	11273
prison term in a state correctional institution, whether to	11274
continue, revise, or revoke an existing modification of that	11275
requirement, or whether to terminate the sentence in accordance	11276
with division (D) of this section:	11277

(a) The offender requests the hearing;

11278

(b) Upon the court's own motion;

11279

(c) One or more examiners who have conducted a psychological	11280
examination and assessment of the offender file a statement that	11281
states that there no longer is a likelihood that the offender will	11282
engage in the future in a sexually violent offense.	11283

(B)(1) Before a court holds a hearing pursuant to division	11284
(A) of this section, the court shall provide notice of the date,	11285
time, place, and purpose of the hearing to the offender, the	11286
prosecuting attorney, the department of rehabilitation and	11287
correction, and the adult parole authority and shall request the	11288
department to prepare pursuant to section 5120.61 of the Revised	11289
Code an update of the most recent risk assessment and report	11290
relative to the offender. Upon the request of the prosecuting	11291
attorney or of any law enforcement agency, the department shall	11292
provide to the requesting prosecuting attorney and law enforcement	11293
agencies an institutional summary report prepared by the	11294
department that covers the offender's participation while confined	11295
in a state correctional institution in training, work, and other	11296
rehabilitative activities and any disciplinary action taken	11297
against the offender while so confined. The offender has the right	11298
to be present at any hearing held under this section. At the	11299
hearing, the offender and the prosecuting attorney may make a	11300
statement and present evidence as to whether the requirement that	11301
the offender serve the entire prison term in a state correctional	11302
institution should or should not be modified, whether the existing	11303
modification of the requirement should be continued, revised, or	11304
revoked, and whether the prison term should or should not be	11305
terminated.	11306

(2) At a hearing held pursuant to division (A) of this	11307
section, the court may and, if the hearing is held pursuant to	11308
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	11309
determine by clear and convincing evidence whether the offender is	11310
unlikely to commit a sexually violent offense in the future.	11311

(3) At the conclusion of the hearing held pursuant to	11312
division (A) of this section, the court may order that the	11313
requirement that the offender serve the entire prison term in a	11314
state correctional institution be continued, that the requirement	11315
be modified pursuant to division (C) of this section, that an	11316
existing modification be continued, revised, or revoked pursuant	11317
to division (C) of this section, or that the prison term be	11318
terminated pursuant to division (D) of this section.	11319

(C)(1) If, at the conclusion of a hearing held pursuant to	11320
division (A) of this section, the court determines by clear and	11321
convincing evidence that the offender will not represent a	11322
substantial risk of physical harm to others, the court may modify	11323
the requirement that the offender serve the entire prison term	11324
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	11325
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	11326
the Revised Code in a state correctional institution in a manner	11327
that the court considers appropriate. If the court modifies the	11328
requirement for an offender whose prison term was imposed pursuant	11329
to division (A)(3) of section 2971.03 of the Revised Code, the	11330
court shall order the adult parole authority to supervise the	11331
offender and shall require that the authority's supervision of the	11332
offender be pursuant to division (E) of this section. If the court	11333
modifies the requirement for an offender whose prison term was	11334
imposed pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b),	11335
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the	11336
Revised Code, the court shall order the adult parole authority to	11337
supervise the offender and may require that the authority's	11338
supervision of the offender be pursuant to division (E) of this	11339
section.	11340

(2) The modification of the requirement does not terminate	11341
the prison term but serves only to suspend the requirement that	11342
the offender serve the entire term in a state correctional	11343
institution. The prison term shall remain in effect for the	11344
offender's entire life unless the court terminates the prison term	11345
pursuant to division (D) of this section. The offender shall	11346
remain under the jurisdiction of the court for the offender's	11347
entire life unless the court so terminates the prison term. The	11348
modification of the requirement does not terminate the	11349
classification of the offender, as described in division (F) of	11350
section 2971.03 of the Revised Code, as a sexual predator for	11351
purposes of Chapter 2950. of the Revised Code, and the offender is	11352
subject to supervision, including supervision under division (E)	11353
of this section if the court required the supervision of the	11354
offender to be pursuant to that division.	11355

(3) If the court revokes the modification under	11356
consideration, the court shall order that the offender be returned	11357
to the custody of the department of rehabilitation and correction	11358
to continue serving the prison term to which the modification	11359
applied, and section 2971.06 of the Revised Code applies regarding	11360
the offender.	11361

(D)(1) If, at the conclusion of a hearing held pursuant to	11362
division (A) of this section, the court determines by clear and	11363
convincing evidence that the offender is unlikely to commit a	11364
sexually violent offense in the future, the court may terminate	11365
the offender's prison term imposed under division (A)(3),	11366
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	11367
(c), or (d) of section 2971.03 of the Revised Code, subject to the	11368
offender satisfactorily completing the period of conditional	11369
release required by this division and, if applicable, compliance	11370
with division (E) of this section. If the court terminates the	11371
prison term, the court shall place the offender on conditional	11372
release for five years, notify the adult parole authority of its	11373
determination and of the termination of the prison term, and order	11374
the adult parole authority to supervise the offender during the	11375
five-year period of conditional release or, if division (E)	11376
applies to the offender, to supervise the offender pursuant to and	11377
for the period of time specified in that division. If the court	11378
terminates the prison term for an offender whose prison term was	11379
imposed pursuant to division (A)(3) of section 2971.03 of the	11380
Revised Code, the court shall require that the authority's	11381
supervision of the offender be pursuant to division (E) of this	11382
section. If the court terminates the prison term for an offender	11383
whose prison term was imposed pursuant to division (B)(1)(a), (b),	11384
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	11385
section 2971.03 of the Revised Code, the court may require that	11386
the authority's supervision of the offender be pursuant to	11387
division (E) of this section. Upon receipt of a notice from a	11388
court pursuant to this division, the adult parole authority shall	11389
supervise the offender who is the subject of the notice during the	11390
five-year period of conditional release, periodically notify the	11391
court of the offender's activities during that five-year period of	11392
conditional release, and file with the court no later than thirty	11393
days prior to the expiration of the five-year period of	11394
conditional release a written recommendation as to whether the	11395
termination of the offender's prison term should be finalized,	11396
whether the period of conditional release should be extended, or	11397
whether another type of action authorized pursuant to this chapter	11398
should be taken.	11399

(2) Upon receipt of a recommendation of the adult parole	11400
authority filed pursuant to division (D)(1) of this section, the	11401
court shall hold a hearing to determine whether to finalize the	11402
termination of the offender's prison term, to extend the period of	11403
conditional release, or to take another type of action authorized	11404
pursuant to this chapter. The court shall hold the hearing no	11405
later than the date on which the five-year period of conditional	11406
release terminates and shall provide notice of the date, time,	11407
place, and purpose of the hearing to the offender and to the	11408
prosecuting attorney. At the hearing, the offender, the	11409
prosecuting attorney, and the adult parole authority employee who	11410
supervised the offender during the period of conditional release	11411
may make a statement and present evidence.	11412

If the court determines at the hearing to extend an	11413
offender's period of conditional release, it may do so for	11414
additional periods of one year in the same manner as the original	11415
period of conditional release, and, except as otherwise described	11416
in this division, all procedures and requirements that applied to	11417
the original period of conditional release apply to the additional	11418
period of extended conditional release unless the court modifies a	11419
procedure or requirement. If an offender's period of conditional	11420
release is extended as described in this division, all references	11421
to a five-year period of conditional release that are contained in	11422
division (D)(1) of this section shall be construed, in applying	11423
the provisions of that division to the extension, as being	11424
references to the one-year period of the extension of the	11425
conditional release.	11426

If the court determines at the hearing to take another type	11427
of action authorized pursuant to this chapter, it may do so in the	11428
same manner as if the action had been taken at any other stage of	11429
the proceedings under this chapter. As used in this division,	11430
"another type of action" includes the revocation of the	11431
conditional release and the return of the offender to a state	11432
correctional institution to continue to serve the prison term.	11433

If the court determines at the hearing to finalize the	11434
termination of the offender's prison term, it shall notify the	11435
department of rehabilitation and correction, the department shall	11436
enter into its records a final release and issue to the offender a	11437
certificate of final release, and the prison term thereafter shall	11438
be considered completed and terminated in every way.	11439

(3) The termination of an offender's prison term pursuant to	11440
division (D)(1) or (2) of this section does not affect the	11441
classification of the offender, as described in division (F) of	11442
section 2971.03 of the Revised Code, as a tier III sex	11443
offender/child-victim offender or a sexual predator, as	11444
applicable, for purposes of Chapter 2950. of the Revised Code,	11445
does not terminate the adult parole authority's supervision of the	11446
offender, and, if the court had required the supervision of the	11447
offender to be pursuant to division (E) of this section, does not	11448
terminate the supervision of the offender with an active global	11449
positioning system device, pursuant to that division. The	11450
classification of the offender as a sexual predator is permanent	11451
and continues until the offender's death as described in division	11452
(D)(2) of section 2950.09 of the Revised Code.	11453

(E) If a prison term imposed upon an offender pursuant to	11454
division (A)(3) of section 2971.03 of the Revised Code is modified	11455
as provided in division (C) of this section or terminated as	11456
provided in division (D) of this section, the adult parole	11457
authority shall supervise the offender with an active global	11458
positioning system device during any time period in which the	11459
offender is not incarcerated in a state correctional institution.	11460
If a prison term imposed upon an offender pursuant to division	11461
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),	11462
or (d) of section 2971.03 of the Revised Code is modified as	11463
provided in division (C) of this section or terminated as provided	11464
in division (D) of this section, and if the court requires that	11465
the adult parole authority's supervision of the offender be	11466
pursuant to this division, the authority shall supervise the	11467
offender with an active global positioning system device during	11468
any time period in which the offender is not incarcerated in a	11469
state correctional institution. If the adult parole authority is	11470
required to supervise the offender with an active global	11471
positioning system device as described in this division, unless	11472
the court removes the offender's classification as a sexually	11473
violent predator regarding an offender whose prison term was	11474
imposed under division (A)(3) of section 2971.03 of the Revised	11475
Code or terminates the requirement that supervision of the	11476
offender be pursuant to this division regarding an offender whose	11477
prison term was imposed under division (B)(1)(a), (b), or (c),	11478
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	11479
2971.03 of the Revised Code, the offender is subject to	11480
supervision with an active global positioning system pursuant to	11481
this division for the offender's entire life. The costs of	11482
administering the supervision of offenders with an active global	11483
positioning system device pursuant to this division shall be paid	11484
out of funds from the reparations fund, created pursuant to	11485
section 2743.191 of the Revised Code. This division shall only	11486
apply to a sexually violent predator sentenced pursuant to	11487
division (A)(3) of section 2971.03 of the Revised Code who is	11488
released from the custody of the department of rehabilitation and	11489
correction on or after September 29, 2005, or an offender	11490
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of	11491
the Revised Code on or after January 2, 2007.	11492

Sec. 5321.03. (A) Notwithstanding section 5321.02 of the	11493
Revised Code, a landlord may bring an action under Chapter 1923.	11494
of the Revised Code for possession of the premises if:	11495

(1) The tenant is in default in the payment of rent;

11496

(2) The violation of the applicable building, housing,	11497
health, or safety code that the tenant complained of was primarily	11498
caused by any act or lack of reasonable care by the tenant, or by	11499
any other person in the tenant's household, or by anyone on the	11500
premises with the consent of the tenant;	11501

(3) Compliance with the applicable building, housing, health,	11502
or safety code would require alteration, remodeling, or demolition	11503
of the premises which would effectively deprive the tenant of the	11504
use of the dwelling unit;	11505

(4) A tenant is holding over the tenant's term.

11506

(5) The residential premises are located within one thousand	11507
feet of any school premises or preschool or child day-care center	11508
premises, and both of the following apply regarding the tenant or	11509
other occupant who resides in or occupies the premises:	11510

(a) The tenant's or other occupant's name appears on the	11511
state registry of sex offenders and child-victim offenders	11512
maintained under section 2950.13 of the Revised Code, and the	11513
tenant's or other occupant's residency at the premises is in	11514
violation of section 2950.034 of the Revised Code.	11515

(b) The state registry of sex offenders and child-victim	11516
offenders indicates that the tenant or other occupant was	11517
convicted of or pleaded guilty to a sexually oriented offense or a	11518
child-victim oriented offense in a criminal prosecution and was	11519
not sentenced to a serious youthful offender dispositional	11520
sentence for that offense.	11521

(B) The maintenance of an action by the landlord under this	11522
section does not prevent the tenant from recovering damages for	11523
any violation by the landlord of the rental agreement or of	11524
section 5321.04 of the Revised Code.	11525

(C) This section does not apply to a dwelling unit occupied	11526
by a student tenant.	11527

Sec. 5321.051. (A)(1) No tenant of any residential premises	11528
located within one thousand feet of any school premises or	11529
preschool or child day-care center premises shall allow any person	11530
to occupy those residential premises in violation of section	11531
2950.034 of the Revised Code if both of the following apply	11532
regarding the person:	11533

(a) The person's name appears on the state registry of sex	11534
offenders and child-victim offenders maintained under section	11535
2950.13 of the Revised Code.	11536

(b) The state registry of sex offenders and child-victim	11537
offenders indicates that the person was convicted of or pleaded	11538
guilty to either a sexually oriented offense that is not a	11539
registration-exempt sexually oriented offense or a child-victim	11540
oriented offense in a criminal prosecution and was not sentenced	11541
to a serious youthful offender dispositional sentence for that	11542
offense.	11543

(2) If a tenant allows occupancy in violation of this section	11544
or a person establishes a residence or occupies residential	11545
premises in violation of section 2950.034 of the Revised Code, the	11546
landlord for the residential premises that are the subject of the	11547
rental agreement or other tenancy may terminate the rental	11548
agreement or other tenancy of the tenant and all other occupants.	11549

(B) If a landlord is authorized to terminate a rental	11550
agreement or other tenancy pursuant to division (A) of this	11551
section but does not so terminate the rental agreement or other	11552
tenancy, the landlord is not liable in a tort or other civil	11553
action in damages for any injury, death, or loss to person or	11554
property that allegedly results from that decision.	11555

Section 2. That existing sections 109.57, 109.572, 109.578,	11556
311.171, 1923.02, 2151.23, 2151.357, 2152.02, 2152.14, 2152.191,	11557
2152.22, 2152.82, 2152.83, 2152.831, 2152.84, 2152.85, 2152.851,	11558
2901.07, 2907.02, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01,	11559
2950.011, 2950.02, 2950.03, 2950.031, 2950.032, 2950.033,	11560
2950.034, 2950.04, 2950.041, 2950.043, 2950.05, 2950.06, 2950.07,	11561
2950.081, 2950.10, 2950.11, 2950.13, 2950.131, 2950.14, 2950.15,	11562
2950.99, 2971.03, 2971.05, 5321.03, and 5321.051 and section	11563
2152.86 of the Revised Code are hereby repealed.	11564

Section 3. That the versions of sections 109.57, 2950.11, and	11565
2950.13 of the Revised Code that are scheduled to take effect on	11566
January 1, 2014, be amended to read as follows:	11567

Sec. 109.57. (A)(1) The superintendent of the bureau of	11568
criminal identification and investigation shall procure from	11569
wherever procurable and file for record photographs, pictures,	11570
descriptions, fingerprints, measurements, and other information	11571
that may be pertinent of all persons who have been convicted of	11572
committing within this state a felony, any crime constituting a	11573
misdemeanor on the first offense and a felony on subsequent	11574
offenses, or any misdemeanor described in division (A)(1)(a),	11575
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	11576
all children under eighteen years of age who have been adjudicated	11577
delinquent children for committing within this state an act that	11578
would be a felony or an offense of violence if committed by an	11579
adult or who have been convicted of or pleaded guilty to	11580
committing within this state a felony or an offense of violence,	11581
and of all well-known and habitual criminals. The person in charge	11582
of any county, multicounty, municipal, municipal-county, or	11583
multicounty-municipal jail or workhouse, community-based	11584
correctional facility, halfway house, alternative residential	11585
facility, or state correctional institution and the person in	11586
charge of any state institution having custody of a person	11587
suspected of having committed a felony, any crime constituting a	11588
misdemeanor on the first offense and a felony on subsequent	11589
offenses, or any misdemeanor described in division (A)(1)(a),	11590
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	11591
having custody of a child under eighteen years of age with respect	11592
to whom there is probable cause to believe that the child may have	11593
committed an act that would be a felony or an offense of violence	11594
if committed by an adult shall furnish such material to the	11595
superintendent of the bureau. Fingerprints, photographs, or other	11596
descriptive information of a child who is under eighteen years of	11597
age, has not been arrested or otherwise taken into custody for	11598
committing an act that would be a felony or an offense of violence	11599
who is not in any other category of child specified in this	11600
division, if committed by an adult, has not been adjudicated a	11601
delinquent child for committing an act that would be a felony or	11602
an offense of violence if committed by an adult, has not been	11603
convicted of or pleaded guilty to committing a felony or an	11604
offense of violence, and is not a child with respect to whom there	11605
is probable cause to believe that the child may have committed an	11606
act that would be a felony or an offense of violence if committed	11607
by an adult shall not be procured by the superintendent or	11608
furnished by any person in charge of any county, multicounty,	11609
municipal, municipal-county, or multicounty-municipal jail or	11610
workhouse, community-based correctional facility, halfway house,	11611
alternative residential facility, or state correctional	11612
institution, except as authorized in section 2151.313 of the	11613
Revised Code.	11614

(2) Every clerk of a court of record in this state, other	11615
than the supreme court or a court of appeals, shall send to the	11616
superintendent of the bureau a weekly report containing a summary	11617
of each case involving a felony, involving any crime constituting	11618
a misdemeanor on the first offense and a felony on subsequent	11619
offenses, involving a misdemeanor described in division (A)(1)(a),	11620
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	11621
involving an adjudication in a case in which a child under	11622
eighteen years of age was alleged to be a delinquent child for	11623
committing an act that would be a felony or an offense of violence	11624
if committed by an adult. The clerk of the court of common pleas	11625
shall include in the report and summary the clerk sends under this	11626
division all information described in divisions (A)(2)(a) to (f)	11627
of this section regarding a case before the court of appeals that	11628
is served by that clerk. The summary shall be written on the	11629
standard forms furnished by the superintendent pursuant to	11630
division (B) of this section and shall include the following	11631
information:	11632

(a) The incident tracking number contained on the standard	11633
forms furnished by the superintendent pursuant to division (B) of	11634
this section;	11635

(b) The style and number of the case;

11636

11637

(d) The date that the person was convicted of or pleaded	11638
guilty to the offense, adjudicated a delinquent child for	11639
committing the act that would be a felony or an offense of	11640
violence if committed by an adult, found not guilty of the	11641
offense, or found not to be a delinquent child for committing an	11642
act that would be a felony or an offense of violence if committed	11643
by an adult, the date of an entry dismissing the charge, an entry	11644
declaring a mistrial of the offense in which the person is	11645
discharged, an entry finding that the person or child is not	11646
competent to stand trial, or an entry of a nolle prosequi, or the	11647
date of any other determination that constitutes final resolution	11648
of the case;	11649

(e) A statement of the original charge with the section of	11650
the Revised Code that was alleged to be violated;	11651

(f) If the person or child was convicted, pleaded guilty, or	11652
was adjudicated a delinquent child, the sentence or terms of	11653
probation imposed or any other disposition of the offender or the	11654
delinquent child.	11655

If the offense involved the disarming of a law enforcement	11656
officer or an attempt to disarm a law enforcement officer, the	11657
clerk shall clearly state that fact in the summary, and the	11658
superintendent shall ensure that a clear statement of that fact is	11659
placed in the bureau's records.	11660

(3) The superintendent shall cooperate with and assist	11661
sheriffs, chiefs of police, and other law enforcement officers in	11662
the establishment of a complete system of criminal identification	11663
and in obtaining fingerprints and other means of identification of	11664
all persons arrested on a charge of a felony, any crime	11665
constituting a misdemeanor on the first offense and a felony on	11666
subsequent offenses, or a misdemeanor described in division	11667
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	11668
Revised Code and of all children under eighteen years of age	11669
arrested or otherwise taken into custody for committing an act	11670
that would be a felony or an offense of violence if committed by	11671
an adult. The superintendent also shall file for record the	11672
fingerprint impressions of all persons confined in a county,	11673
multicounty, municipal, municipal-county, or multicounty-municipal	11674
jail or workhouse, community-based correctional facility, halfway	11675
house, alternative residential facility, or state correctional	11676
institution for the violation of state laws and of all children	11677
under eighteen years of age who are confined in a county,	11678
multicounty, municipal, municipal-county, or multicounty-municipal	11679
jail or workhouse, community-based correctional facility, halfway	11680
house, alternative residential facility, or state correctional	11681
institution or in any facility for delinquent children for	11682
committing an act that would be a felony or an offense of violence	11683
if committed by an adult, and any other information that the	11684
superintendent may receive from law enforcement officials of the	11685
state and its political subdivisions.	11686

(4) The superintendent shall carry out Chapter 2950. of the	11687
Revised Code with respect to the registration of persons who are	11688
convicted of or plead guilty to a sexually oriented offense or a	11689
child-victim oriented offense and with respect to all other duties	11690
imposed on the bureau under that chapter.	11691

(5) The bureau shall perform centralized recordkeeping	11692
functions for criminal history records and services in this state	11693
for purposes of the national crime prevention and privacy compact	11694
set forth in section 109.571 of the Revised Code and is the	11695
criminal history record repository as defined in that section for	11696
purposes of that compact. The superintendent or the	11697
superintendent's designee is the compact officer for purposes of	11698
that compact and shall carry out the responsibilities of the	11699
compact officer specified in that compact.	11700

(B) The superintendent shall prepare and furnish to every	11701
county, multicounty, municipal, municipal-county, or	11702
multicounty-municipal jail or workhouse, community-based	11703
correctional facility, halfway house, alternative residential	11704
facility, or state correctional institution and to every clerk of	11705
a court in this state specified in division (A)(2) of this section	11706
standard forms for reporting the information required under	11707
division (A) of this section. The standard forms that the	11708
superintendent prepares pursuant to this division may be in a	11709
tangible format, in an electronic format, or in both tangible	11710
formats and electronic formats.	11711

(C)(1) The superintendent may operate a center for	11712
electronic, automated, or other data processing for the storage	11713
and retrieval of information, data, and statistics pertaining to	11714
criminals and to children under eighteen years of age who are	11715
adjudicated delinquent children for committing an act that would	11716
be a felony or an offense of violence if committed by an adult,	11717
criminal activity, crime prevention, law enforcement, and criminal	11718
justice, and may establish and operate a statewide communications	11719
network to be known as the Ohio law enforcement gateway to gather	11720
and disseminate information, data, and statistics for the use of	11721
law enforcement agencies and for other uses specified in this	11722
division. The superintendent may gather, store, retrieve, and	11723
disseminate information, data, and statistics that pertain to	11724
children who are under eighteen years of age and that are gathered	11725
pursuant to sections 109.57 to 109.61 of the Revised Code together	11726
with information, data, and statistics that pertain to adults and	11727
that are gathered pursuant to those sections.	11728

(2) The superintendent or the superintendent's designee shall	11729
gather information of the nature described in division (C)(1) of	11730
this section that pertains to the offense and delinquency history	11731
of a person who has been convicted of, pleaded guilty to, or been	11732
adjudicated a delinquent child for committing a sexually oriented	11733
offense or a child-victim oriented offense for inclusion in the	11734
state registry of sex offenders and child-victim offenders	11735
maintained pursuant to division (A)(1) of section 2950.13 of the	11736
Revised Code and in the internet database operated pursuant to	11737
division (A)(13) of that section and for possible inclusion in the	11738
internet database operated pursuant to division (A)(11) of that	11739
section.	11740

(3) In addition to any other authorized use of information,	11741
data, and statistics of the nature described in division (C)(1) of	11742
this section, the superintendent or the superintendent's designee	11743
may provide and exchange the information, data, and statistics	11744
pursuant to the national crime prevention and privacy compact as	11745
described in division (A)(5) of this section.	11746

(4) The attorney general may adopt rules under Chapter 119.	11747
of the Revised Code establishing guidelines for the operation of	11748
and participation in the Ohio law enforcement gateway. The rules	11749
may include criteria for granting and restricting access to	11750
information gathered and disseminated through the Ohio law	11751
enforcement gateway. The attorney general shall permit the state	11752
medical board and board of nursing to access and view, but not	11753
alter, information gathered and disseminated through the Ohio law	11754
enforcement gateway.	11755

The attorney general may appoint a steering committee to	11756
advise the attorney general in the operation of the Ohio law	11757
enforcement gateway that is comprised of persons who are	11758
representatives of the criminal justice agencies in this state	11759
that use the Ohio law enforcement gateway and is chaired by the	11760
superintendent or the superintendent's designee.	11761

(D)(1) The following are not public records under section	11762
149.43 of the Revised Code:	11763

(a) Information and materials furnished to the superintendent	11764
pursuant to division (A) of this section;	11765

(b) Information, data, and statistics gathered or	11766
disseminated through the Ohio law enforcement gateway pursuant to	11767
division (C)(1) of this section;	11768

(c) Information and materials furnished to any board or	11769
person under division (F) or (G) of this section.	11770

(2) The superintendent or the superintendent's designee shall	11771
gather and retain information so furnished under division (A) of	11772
this section that pertains to the offense and delinquency history	11773
of a person who has been convicted of, pleaded guilty to, or been	11774
adjudicated a delinquent child for committing a sexually oriented	11775
offense or a child-victim oriented offense for the purposes	11776
described in division (C)(2) of this section.	11777

(E)(1) The attorney general shall adopt rules, in accordance	11778
with Chapter 119. of the Revised Code and subject to division	11779
(E)(2) of this section, setting forth the procedure by which a	11780
person may receive or release information gathered by the	11781
superintendent pursuant to division (A) of this section. A	11782
reasonable fee may be charged for this service. If a temporary	11783
employment service submits a request for a determination of	11784
whether a person the service plans to refer to an employment	11785
position has been convicted of or pleaded guilty to an offense	11786
listed or described in division (A)(1), (2), or (3) of section	11787
109.572 of the Revised Code, the request shall be treated as a	11788
single request and only one fee shall be charged.	11789

(2) Except as otherwise provided in this division, a rule	11790
adopted under division (E)(1) of this section may provide only for	11791
the release of information gathered pursuant to division (A) of	11792
this section that relates to the conviction of a person, or a	11793
person's plea of guilty to, a criminal offense. The superintendent	11794
shall not release, and the attorney general shall not adopt any	11795
rule under division (E)(1) of this section that permits the	11796
release of, any information gathered pursuant to division (A) of	11797
this section that relates to an adjudication of a child as a	11798
delinquent child, or that relates to a criminal conviction of a	11799
person under eighteen years of age if the person's case was	11800
transferred back to a juvenile court under division (B)(2) or (3)	11801
of section 2152.121 of the Revised Code and the juvenile court	11802
imposed a disposition or serious youthful offender disposition	11803
upon the person under either division, unless either of the	11804
following applies with respect to the adjudication or conviction:	11805

(a) The adjudication or conviction was for a violation of	11806
section 2903.01 or 2903.02 of the Revised Code.	11807

(b) The adjudication or conviction was for a sexually	11808
oriented offense, the juvenile court was required to classify the	11809
child a juvenile offender registrant for that offense under	11810
section 2152.82,or 2152.83~~, or 2152.86~~ of the Revised Code, and	11811
that classification has not been removed.	11812

(F)(1) As used in division (F)(2) of this section, "head	11813
start agency" means an entity in this state that has been approved	11814
to be an agency for purposes of subchapter II of the "Community	11815
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	11816
as amended.	11817

(2)(a) In addition to or in conjunction with any request that	11818
is required to be made under section 109.572, 2151.86, 3301.32,	11819
3301.541, division (C) of section 3310.58, or section 3319.39,	11820
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	11821
5153.111 of the Revised Code or that is made under section	11822
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	11823
board of education of any school district; the director of	11824
developmental disabilities; any county board of developmental	11825
disabilities; any provider or subcontractor as defined in section	11826
5123.081 of the Revised Code; the chief administrator of any	11827
chartered nonpublic school; the chief administrator of a	11828
registered private provider that is not also a chartered nonpublic	11829
school; the chief administrator of any home health agency; the	11830
chief administrator of or person operating any child day-care	11831
center, type A family day-care home, or type B family day-care	11832
home licensed under Chapter 5104. of the Revised Code; the chief	11833
administrator of any head start agency; the executive director of	11834
a public children services agency; a private company described in	11835
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	11836
Code; or an employer described in division (J)(2) of section	11837
3327.10 of the Revised Code may request that the superintendent of	11838
the bureau investigate and determine, with respect to any	11839
individual who has applied for employment in any position after	11840
October 2, 1989, or any individual wishing to apply for employment	11841
with a board of education may request, with regard to the	11842
individual, whether the bureau has any information gathered under	11843
division (A) of this section that pertains to that individual. On	11844
receipt of the request, subject to division (E)(2) of this	11845
section, the superintendent shall determine whether that	11846
information exists and, upon request of the person, board, or	11847
entity requesting information, also shall request from the federal	11848
bureau of investigation any criminal records it has pertaining to	11849
that individual. The superintendent or the superintendent's	11850
designee also may request criminal history records from other	11851
states or the federal government pursuant to the national crime	11852
prevention and privacy compact set forth in section 109.571 of the	11853
Revised Code. Within thirty days of the date that the	11854
superintendent receives a request, subject to division (E)(2) of	11855
this section, the superintendent shall send to the board, entity,	11856
or person a report of any information that the superintendent	11857
determines exists, including information contained in records that	11858
have been sealed under section 2953.32 of the Revised Code, and,	11859
within thirty days of its receipt, subject to division (E)(2) of	11860
this section, shall send the board, entity, or person a report of	11861
any information received from the federal bureau of investigation,	11862
other than information the dissemination of which is prohibited by	11863
federal law.	11864

(b) When a board of education or a registered private	11865
provider is required to receive information under this section as	11866
a prerequisite to employment of an individual pursuant to division	11867
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	11868
may accept a certified copy of records that were issued by the	11869
bureau of criminal identification and investigation and that are	11870
presented by an individual applying for employment with the	11871
district in lieu of requesting that information itself. In such a	11872
case, the board shall accept the certified copy issued by the	11873
bureau in order to make a photocopy of it for that individual's	11874
employment application documents and shall return the certified	11875
copy to the individual. In a case of that nature, a district or	11876
provider only shall accept a certified copy of records of that	11877
nature within one year after the date of their issuance by the	11878
bureau.	11879

(c) Notwithstanding division (F)(2)(a) of this section, in	11880
the case of a request under section 3319.39, 3319.391, or 3327.10	11881
of the Revised Code only for criminal records maintained by the	11882
federal bureau of investigation, the superintendent shall not	11883
determine whether any information gathered under division (A) of	11884
this section exists on the person for whom the request is made.	11885

(3) The state board of education may request, with respect to	11886
any individual who has applied for employment after October 2,	11887
1989, in any position with the state board or the department of	11888
education, any information that a school district board of	11889
education is authorized to request under division (F)(2) of this	11890
section, and the superintendent of the bureau shall proceed as if	11891
the request has been received from a school district board of	11892
education under division (F)(2) of this section.	11893

(4) When the superintendent of the bureau receives a request	11894
for information under section 3319.291 of the Revised Code, the	11895
superintendent shall proceed as if the request has been received	11896
from a school district board of education and shall comply with	11897
divisions (F)(2)(a) and (c) of this section.	11898

(5) When a recipient of a classroom reading improvement grant	11899
paid under section 3301.86 of the Revised Code requests, with	11900
respect to any individual who applies to participate in providing	11901
any program or service funded in whole or in part by the grant,	11902
the information that a school district board of education is	11903
authorized to request under division (F)(2)(a) of this section,	11904
the superintendent of the bureau shall proceed as if the request	11905
has been received from a school district board of education under	11906
division (F)(2)(a) of this section.	11907

(G) In addition to or in conjunction with any request that is	11908
required to be made under section 3701.881, 3712.09, or 3721.121	11909
of the Revised Code with respect to an individual who has applied	11910
for employment in a position that involves providing direct care	11911
to an older adult or adult resident, the chief administrator of a	11912
home health agency, hospice care program, home licensed under	11913
Chapter 3721. of the Revised Code, or adult day-care program	11914
operated pursuant to rules adopted under section 3721.04 of the	11915
Revised Code may request that the superintendent of the bureau	11916
investigate and determine, with respect to any individual who has	11917
applied after January 27, 1997, for employment in a position that	11918
does not involve providing direct care to an older adult or adult	11919
resident, whether the bureau has any information gathered under	11920
division (A) of this section that pertains to that individual.	11921

In addition to or in conjunction with any request that is	11922
required to be made under section 173.27 of the Revised Code with	11923
respect to an individual who has applied for employment in a	11924
position that involves providing ombudsperson services to	11925
residents of long-term care facilities or recipients of	11926
community-based long-term care services, the state long-term care	11927
ombudsperson, ombudsperson's designee, or director of health may	11928
request that the superintendent investigate and determine, with	11929
respect to any individual who has applied for employment in a	11930
position that does not involve providing such ombudsperson	11931
services, whether the bureau has any information gathered under	11932
division (A) of this section that pertains to that applicant.	11933

In addition to or in conjunction with any request that is	11934
required to be made under section 173.394 of the Revised Code with	11935
respect to an individual who has applied for employment in a	11936
position that involves providing direct care to an individual, the	11937
chief administrator of a community-based long-term care agency may	11938
request that the superintendent investigate and determine, with	11939
respect to any individual who has applied for employment in a	11940
position that does not involve providing direct care, whether the	11941
bureau has any information gathered under division (A) of this	11942
section that pertains to that applicant.	11943

In addition to or in conjunction with any request that is	11944
required to be made under section 3712.09 of the Revised Code with	11945
respect to an individual who has applied for employment in a	11946
position that involves providing direct care to a pediatric	11947
respite care patient, the chief administrator of a pediatric	11948
respite care program may request that the superintendent of the	11949
bureau investigate and determine, with respect to any individual	11950
who has applied for employment in a position that does not involve	11951
providing direct care to a pediatric respite care patient, whether	11952
the bureau has any information gathered under division (A) of this	11953
section that pertains to that individual.	11954

On receipt of a request under this division, the	11955
superintendent shall determine whether that information exists	11956
and, on request of the individual requesting information, shall	11957
also request from the federal bureau of investigation any criminal	11958
records it has pertaining to the applicant. The superintendent or	11959
the superintendent's designee also may request criminal history	11960
records from other states or the federal government pursuant to	11961
the national crime prevention and privacy compact set forth in	11962
section 109.571 of the Revised Code. Within thirty days of the	11963
date a request is received, subject to division (E)(2) of this	11964
section, the superintendent shall send to the requester a report	11965
of any information determined to exist, including information	11966
contained in records that have been sealed under section 2953.32	11967
of the Revised Code, and, within thirty days of its receipt, shall	11968
send the requester a report of any information received from the	11969
federal bureau of investigation, other than information the	11970
dissemination of which is prohibited by federal law.	11971

(H) Information obtained by a government entity or person	11972
under this section is confidential and shall not be released or	11973
disseminated.	11974

(I) The superintendent may charge a reasonable fee for	11975
providing information or criminal records under division (F)(2) or	11976
(G) of this section.	11977

(J) As used in this section:

11978

(1) "Pediatric respite care program" and "pediatric care	11979
patient" have the same meanings as in section 3712.01 of the	11980
Revised Code.	11981

(2) "Sexually oriented offense" and "child-victim oriented	11982
offense" have the same meanings as in section 2950.01 of the	11983
Revised Code.	11984

(3) "Registered private provider" means a nonpublic school or	11985
entity registered with the superintendent of public instruction	11986
under section 3310.41 of the Revised Code to participate in the	11987
autism scholarship program or section 3310.58 of the Revised Code	11988
to participate in the Jon Peterson special needs scholarship	11989
program.	11990

Sec. 2950.11. (A) Regardless of when the sexually oriented	11991
offense or child-victim oriented offense was committed, if a	11992
person is convicted of, pleads guilty to, has been convicted of,	11993
or has pleaded guilty to a sexually oriented offense or a	11994
child-victim oriented offense or a person is or has been	11995
adjudicated a delinquent child for committing a sexually oriented	11996
offense or a child-victim oriented offense and is classified a	11997
juvenile offender registrant or is an out-of-state juvenile	11998
offender registrant based on that adjudication, and if the	11999
offender or delinquent child is in any category specified in	12000
division (F)(1)(a), (b), or (c), (d), or (e) of this section, the	12001
sheriff with whom the offender or delinquent child has most	12002
recently registered under section 2950.04, 2950.041, or 2950.05 of	12003
the Revised Code and the sheriff to whom the offender or	12004
delinquent child most recently sent a notice of intent to reside	12005
under section 2950.04 or 2950.041 of the Revised Code, within the	12006
period of time specified in division (C) of this section, shall	12007
provide a written notice containing the information set forth in	12008
division (B) of this section to all of the persons described in	12009
divisions (A)(1) to (10) of this section. If the sheriff has sent	12010
a notice to the persons described in those divisions as a result	12011
of receiving a notice of intent to reside and if the offender or	12012
delinquent child registers a residence address that is the same	12013
residence address described in the notice of intent to reside, the	12014
sheriff is not required to send an additional notice when the	12015
offender or delinquent child registers. The sheriff shall provide	12016
the notice to all of the following persons:	12017

(1)(a) Any occupant of each residential unit that is located	12018
within one thousand feet of the offender's or delinquent child's	12019
residential premises, that is located within the county served by	12020
the sheriff, and that is not located in a multi-unit building.	12021
Division (D)(3) of this section applies regarding notices required	12022
under this division.	12023

(b) If the offender or delinquent child resides in a	12024
multi-unit building, any occupant of each residential unit that is	12025
located in that multi-unit building and that shares a common	12026
hallway with the offender or delinquent child. For purposes of	12027
this division, an occupant's unit shares a common hallway with the	12028
offender or delinquent child if the entrance door into the	12029
occupant's unit is located on the same floor and opens into the	12030
same hallway as the entrance door to the unit the offender or	12031
delinquent child occupies. Division (D)(3) of this section applies	12032
regarding notices required under this division.	12033

(c) The building manager, or the person the building owner or	12034
condominium unit owners association authorizes to exercise	12035
management and control, of each multi-unit building that is	12036
located within one thousand feet of the offender's or delinquent	12037
child's residential premises, including a multi-unit building in	12038
which the offender or delinquent child resides, and that is	12039
located within the county served by the sheriff. In addition to	12040
notifying the building manager or the person authorized to	12041
exercise management and control in the multi-unit building under	12042
this division, the sheriff shall post a copy of the notice	12043
prominently in each common entryway in the building and any other	12044
location in the building the sheriff determines appropriate. The	12045
manager or person exercising management and control of the	12046
building shall permit the sheriff to post copies of the notice	12047
under this division as the sheriff determines appropriate. In lieu	12048
of posting copies of the notice as described in this division, a	12049
sheriff may provide notice to all occupants of the multi-unit	12050
building by mail or personal contact; if the sheriff so notifies	12051
all the occupants, the sheriff is not required to post copies of	12052
the notice in the common entryways to the building. Division	12053
(D)(3) of this section applies regarding notices required under	12054
this division.	12055

(d) All additional persons who are within any category of	12056
neighbors of the offender or delinquent child that the attorney	12057
general by rule adopted under section 2950.13 of the Revised Code	12058
requires to be provided the notice and who reside within the	12059
county served by the sheriff;	12060

(2) The executive director of the public children services	12061
agency that has jurisdiction within the specified geographical	12062
notification area and that is located within the county served by	12063
the sheriff;	12064

(3)(a) The superintendent of each board of education of a	12065
school district that has schools within the specified geographical	12066
notification area and that is located within the county served by	12067
the sheriff;	12068

(b) The principal of the school within the specified	12069
geographical notification area and within the county served by the	12070
sheriff that the delinquent child attends;	12071

(c) If the delinquent child attends a school outside of the	12072
specified geographical notification area or outside of the school	12073
district where the delinquent child resides, the superintendent of	12074
the board of education of a school district that governs the	12075
school that the delinquent child attends and the principal of the	12076
school that the delinquent child attends.	12077

(4)(a) The appointing or hiring officer of each chartered	12078
nonpublic school located within the specified geographical	12079
notification area and within the county served by the sheriff or	12080
of each other school located within the specified geographical	12081
notification area and within the county served by the sheriff and	12082
that is not operated by a board of education described in division	12083
(A)(3) of this section;	12084

(b) Regardless of the location of the school, the appointing	12085
or hiring officer of a chartered nonpublic school that the	12086
delinquent child attends.	12087

(5) The director, head teacher, elementary principal, or site	12088
administrator of each preschool program governed by Chapter 3301.	12089
of the Revised Code that is located within the specified	12090
geographical notification area and within the county served by the	12091
sheriff;	12092

(6) The administrator of each child day-care center or type A	12093
family day-care home that is located within the specified	12094
geographical notification area and within the county served by the	12095
sheriff, and each holder of a license to operate a type B family	12096
day-care home that is located within the specified geographical	12097
notification area and within the county served by the sheriff. As	12098
used in this division, "child day-care center," "type A family	12099
day-care home," and "type B family day-care home" have the same	12100
meanings as in section 5104.01 of the Revised Code.	12101

(7) The president or other chief administrative officer of	12102
each institution of higher education, as defined in section	12103
2907.03 of the Revised Code, that is located within the specified	12104
geographical notification area and within the county served by the	12105
sheriff, and the chief law enforcement officer of the state	12106
university law enforcement agency or campus police department	12107
established under section 3345.04 or 1713.50 of the Revised Code,	12108
if any, that serves that institution;	12109

(8) The sheriff of each county that includes any portion of	12110
the specified geographical notification area;	12111

(9) If the offender or delinquent child resides within the	12112
county served by the sheriff, the chief of police, marshal, or	12113
other chief law enforcement officer of the municipal corporation	12114
in which the offender or delinquent child resides or, if the	12115
offender or delinquent child resides in an unincorporated area,	12116
the constable or chief of the police department or police district	12117
police force of the township in which the offender or delinquent	12118
child resides;	12119

(10) Volunteer organizations in which contact with minors or	12120
other vulnerable individuals might occur or any organization,	12121
company, or individual who requests notification as provided in	12122
division (J) of this section.	12123

(B) The notice required under division (A) of this section	12124
shall include all of the following information regarding the	12125
subject offender or delinquent child:	12126

(1) The offender's or delinquent child's name;

12127

(2) The address or addresses of the offender's ~~or public~~	12128
~~registry-qualified juvenile offender registrant's~~ residence,	12129
school, institution of higher education, or place of employment,	12130
as applicable, or the residence address or addresses of a	12131
delinquent child ~~who is not a public registry-qualified juvenile~~	12132
~~offender registrant~~;	12133

(3) The sexually oriented offense or child-victim oriented	12134
offense of which the offender was convicted, to which the offender	12135
pleaded guilty, or for which the child was adjudicated a	12136
delinquent child;	12137

(4) A statement that identifies the category specified in	12138
division (F)(1)(a), (b), or (c), (d), or (e) of this section that	12139
includes the offender or delinquent child and that subjects the	12140
offender or delinquent child to this section;	12141

(5) The offender's or delinquent child's photograph.

12142

(C) If a sheriff with whom an offender or delinquent child	12143
registers under section 2950.04, 2950.041, or 2950.05 of the	12144
Revised Code or to whom the offender or delinquent child most	12145
recently sent a notice of intent to reside under section 2950.04	12146
or 2950.041 of the Revised Code is required by division (A) of	12147
this section to provide notices regarding an offender or	12148
delinquent child and if, pursuant to that requirement, the sheriff	12149
provides a notice to a sheriff of one or more other counties in	12150
accordance with division (A)(8) of this section, the sheriff of	12151
each of the other counties who is provided notice under division	12152
(A)(8) of this section shall provide the notices described in	12153
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	12154
each person or entity identified within those divisions that is	12155
located within the specified geographical notification area and	12156
within the county served by the sheriff in question.	12157

(D)(1) A sheriff required by division (A) or (C) of this	12158
section to provide notices regarding an offender or delinquent	12159
child shall provide the notice to the neighbors that are described	12160
in division (A)(1) of this section and the notices to law	12161
enforcement personnel that are described in divisions (A)(8) and	12162
(9) of this section as soon as practicable, but no later than five	12163
days after the offender sends the notice of intent to reside to	12164
the sheriff and again no later than five days after the offender	12165
or delinquent child registers with the sheriff or, if the sheriff	12166
is required by division (C) of this section to provide the	12167
notices, no later than five days after the sheriff is provided the	12168
notice described in division (A)(8) of this section.	12169

A sheriff required by division (A) or (C) of this section to	12170
provide notices regarding an offender or delinquent child shall	12171
provide the notices to all other specified persons that are	12172
described in divisions (A)(2) to (7) and (A)(10) of this section	12173
as soon as practicable, but not later than seven days after the	12174
offender or delinquent child registers with the sheriff or, if the	12175
sheriff is required by division (C) of this section to provide the	12176
notices, no later than five days after the sheriff is provided the	12177
notice described in division (A)(8) of this section.	12178

(2) If an offender or delinquent child in relation to whom	12179
division (A) of this section applies verifies the offender's or	12180
delinquent child's current residence, school, institution of	12181
higher education, or place of employment address, as applicable,	12182
with a sheriff pursuant to section 2950.06 of the Revised Code,	12183
the sheriff may provide a written notice containing the	12184
information set forth in division (B) of this section to the	12185
persons identified in divisions (A)(1) to (10) of this section. If	12186
a sheriff provides a notice pursuant to this division to the	12187
sheriff of one or more other counties in accordance with division	12188
(A)(8) of this section, the sheriff of each of the other counties	12189
who is provided the notice under division (A)(8) of this section	12190
may provide, but is not required to provide, a written notice	12191
containing the information set forth in division (B) of this	12192
section to the persons identified in divisions (A)(1) to (7) and	12193
(A)(9) and (10) of this section.	12194

(3) A sheriff may provide notice under division (A)(1)(a) or	12195
(b) of this section, and may provide notice under division	12196
(A)(1)(c) of this section to a building manager or person	12197
authorized to exercise management and control of a building, by	12198
mail, by personal contact, or by leaving the notice at or under	12199
the entry door to a residential unit. For purposes of divisions	12200
(A)(1)(a) and (b) of this section, and the portion of division	12201
(A)(1)(c) of this section relating to the provision of notice to	12202
occupants of a multi-unit building by mail or personal contact,	12203
the provision of one written notice per unit is deemed as	12204
providing notice to all occupants of that unit.	12205

(E) All information that a sheriff possesses regarding an	12206
offender or delinquent child who is in a category specified in	12207
division (F)(1)(a), (b), or (c), (d), or (e) of this section that	12208
is described in division (B) of this section and that must be	12209
provided in a notice required under division (A) or (C) of this	12210
section or that may be provided in a notice authorized under	12211
division (D)(2) of this section is a public record that is open to	12212
inspection under section 149.43 of the Revised Code.	12213

The sheriff shall not cause to be publicly disseminated by	12214
means of the internet any of the information described in this	12215
division that is provided by a delinquent child ~~unless that child~~	12216
~~is in a category specified in division (F)(1)(a), (b), or (c) of~~	12217
~~this section~~.	12218

(F)(1) Except as provided in division (F)(2) of this section,	12219
the duties to provide the notices described in divisions (A) and	12220
(C) of this section apply regarding any offender or delinquent	12221
child who is in any of the following categories:	12222

(a) The offender is a tier III sex offender/child-victim	12223
offender~~, or the delinquent child is a public registry-qualified~~	12224
~~juvenile offender registrant, and a juvenile court has not removed~~	12225
~~pursuant to section 2950.15 of the Revised Code the delinquent~~	12226
~~child's duty to comply with sections 2950.04, 2950.041, 2950.05,~~	12227
~~and 2950.06 of the Revised Code~~.	12228

(b) The offender or delinquent child is a ~~tier III sex~~	12229
~~offender/child-victim offender who is not a public~~	12230
~~registry-qualified juvenile offender registrant, the delinquent~~	12231
~~child was subjected to this section prior to January 1, 2008, as a~~	12232
sexual predator~~, habitual sex offender,~~or child-victim predator,	12233
~~or habitual child-victim offender, as those terms were defined in~~	12234
~~section 2950.01 of the Revised Code as it existed prior to January~~	12235
~~1, 2008, and~~.	12236

(c) The offender or delinquent child is a habitual sex	12237
offender or habitual child-victim offender, a court has imposed a	12238
requirement subjecting the habitual sex offender or habitual	12239
child-victim offender to the notification provisions of the	12240
version of this section in existence immediately prior to July 1,	12241
2007, or the version of this section as it exists on and after the	12242
effective date of this amendment, and, with respect to a	12243
delinquent child, a juvenile court has not removed pursuant to	12244
section 2152.84 or 2152.85 of the Revised Code the delinquent	12245
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	12246
and 2950.06 of the Revised Code.	12247

~~(c)~~(d) The delinquent child is a tier III sex	12248
offender/child-victim offender ~~who is not a public~~	12249
~~registry-qualified juvenile offender registrant~~, the delinquent	12250
child was classified a juvenile offender registrant with respect	12251
to a sexually oriented offense or child-victim oriented offense	12252
committed on or after January 1, 2008, the court has imposed a	12253
requirement under section 2152.82, 2152.83, or 2152.84 of the	12254
Revised Code subjecting the delinquent child to this section, and	12255
a juvenile court has not removed pursuant to section 2152.84 or	12256
2152.85 of the Revised Code the delinquent child's duty to comply	12257
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	12258
Revised Code.	12259

(e) The sexually oriented offense for which the offender has	12260
the duty to register under section 2950.04 of the Revised Code is	12261
an aggravated sexually oriented offense, regardless of whether the	12262
offender has been adjudicated a sexual predator with respect to	12263
the offense or has been determined to be a habitual sex offender,	12264
and, if the offender has been so determined to be a habitual sex	12265
offender, regardless of whether the habitual sex offender	12266
determination has been removed pursuant to section 2152.84 or	12267
2152.85 of the Revised Code regarding a delinquent child.	12268

(2) The notification provisions of this section do not apply	12269
to a person described in division (F)(1)(a), (b), or ~~(c)~~(d) of	12270
this section if a court finds at a hearing after considering the	12271
factors described in this division that the person would not be	12272
subject to the notification provisions of this section that were	12273
in the version of this section that existed immediately prior to	12274
January 1, 2008. In making the determination of whether a person	12275
would have been subject to the notification provisions under prior	12276
law as described in this division, the court shall consider the	12277
following factors:	12278

(a) The offender's or delinquent child's age;

12279

(b) The offender's or delinquent child's prior criminal or	12280
delinquency record regarding all offenses, including, but not	12281
limited to, all sexual offenses;	12282

(c) The age of the victim of the sexually oriented offense	12283
for which sentence is to be imposed or the order of disposition is	12284
to be made;	12285

(d) Whether the sexually oriented offense for which sentence	12286
is to be imposed or the order of disposition is to be made	12287
involved multiple victims;	12288

(e) Whether the offender or delinquent child used drugs or	12289
alcohol to impair the victim of the sexually oriented offense or	12290
to prevent the victim from resisting;	12291

(f) If the offender or delinquent child previously has been	12292
convicted of or pleaded guilty to, or been adjudicated a	12293
delinquent child for committing an act that if committed by an	12294
adult would be, a criminal offense, whether the offender or	12295
delinquent child completed any sentence or dispositional order	12296
imposed for the prior offense or act and, if the prior offense or	12297
act was a sex offense or a sexually oriented offense, whether the	12298
offender or delinquent child participated in available programs	12299
for sexual offenders;	12300

(g) Any mental illness or mental disability of the offender	12301
or delinquent child;	12302

(h) The nature of the offender's or delinquent child's sexual	12303
conduct, sexual contact, or interaction in a sexual context with	12304
the victim of the sexually oriented offense and whether the sexual	12305
conduct, sexual contact, or interaction in a sexual context was	12306
part of a demonstrated pattern of abuse;	12307

(i) Whether the offender or delinquent child, during the	12308
commission of the sexually oriented offense for which sentence is	12309
to be imposed or the order of disposition is to be made, displayed	12310
cruelty or made one or more threats of cruelty;	12311

(j) Whether the offender or delinquent child would have been	12312
a habitual sex offender or a habitual child victim offender under	12313
the definitions of those terms set forth in section 2950.01 of the	12314
Revised Code as that section existed prior to January 1, 2008;	12315

(k) Any additional behavioral characteristics that contribute	12316
to the offender's or delinquent child's conduct.	12317

(G)(1) The department of job and family services shall	12318
compile, maintain, and update in January and July of each year, a	12319
list of all agencies, centers, or homes of a type described in	12320
division (A)(2) or (6) of this section that contains the name of	12321
each agency, center, or home of that type, the county in which it	12322
is located, its address and telephone number, and the name of an	12323
administrative officer or employee of the agency, center, or home.	12324

(2) The department of education shall compile, maintain, and	12325
update in January and July of each year, a list of all boards of	12326
education, schools, or programs of a type described in division	12327
(A)(3), (4), or (5) of this section that contains the name of each	12328
board of education, school, or program of that type, the county in	12329
which it is located, its address and telephone number, the name of	12330
the superintendent of the board or of an administrative officer or	12331
employee of the school or program, and, in relation to a board of	12332
education, the county or counties in which each of its schools is	12333
located and the address of each such school.	12334

(3) The Ohio board of regents shall compile, maintain, and	12335
update in January and July of each year, a list of all	12336
institutions of a type described in division (A)(7) of this	12337
section that contains the name of each such institution, the	12338
county in which it is located, its address and telephone number,	12339
and the name of its president or other chief administrative	12340
officer.	12341

(4) A sheriff required by division (A) or (C) of this	12342
section, or authorized by division (D)(2) of this section, to	12343
provide notices regarding an offender or delinquent child, or a	12344
designee of a sheriff of that type, may request the department of	12345
job and family services, department of education, or Ohio board of	12346
regents, by telephone, in person, or by mail, to provide the	12347
sheriff or designee with the names, addresses, and telephone	12348
numbers of the appropriate persons and entities to whom the	12349
notices described in divisions (A)(2) to (7) of this section are	12350
to be provided. Upon receipt of a request, the department or board	12351
shall provide the requesting sheriff or designee with the names,	12352
addresses, and telephone numbers of the appropriate persons and	12353
entities to whom those notices are to be provided.	12354

(H)(1) Upon the motion of the offender or the prosecuting	12355
attorney of the county in which the offender was convicted of or	12356
pleaded guilty to the sexually oriented offense or child-victim	12357
oriented offense for which the offender is subject to community	12358
notification under this section, or upon the motion of the	12359
sentencing judge or that judge's successor in office, the judge	12360
may schedule a hearing to determine whether the interests of	12361
justice would be served by suspending the community notification	12362
requirement under this section in relation to the offender. The	12363
judge may dismiss the motion without a hearing but may not issue	12364
an order suspending the community notification requirement without	12365
a hearing. At the hearing, all parties are entitled to be heard,	12366
and the judge shall consider all of the factors set forth in	12367
division (K) of this section. If, at the conclusion of the	12368
hearing, the judge finds that the offender has proven by clear and	12369
convincing evidence that the offender is unlikely to commit in the	12370
future a sexually oriented offense or a child-victim oriented	12371
offense and if the judge finds that suspending the community	12372
notification requirement is in the interests of justice, the judge	12373
may suspend the application of this section in relation to the	12374
offender. The order shall contain both of these findings.	12375

The judge promptly shall serve a copy of the order upon the	12376
sheriff with whom the offender most recently registered under	12377
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	12378
the bureau of criminal identification and investigation.	12379

An order suspending the community notification requirement	12380
does not suspend or otherwise alter an offender's duties to comply	12381
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	12382
Revised Code and does not suspend the victim notification	12383
requirement under section 2950.10 of the Revised Code.	12384

(2) A prosecuting attorney, a sentencing judge or that	12385
judge's successor in office, and an offender who is subject to the	12386
community notification requirement under this section may	12387
initially make a motion under division (H)(1) of this section upon	12388
the expiration of twenty years after the offender's duty to comply	12389
with division (A)(2), (3), or (4) of section 2950.04, division	12390
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	12391
2950.06 of the Revised Code begins in relation to the offense for	12392
which the offender is subject to community notification. After the	12393
initial making of a motion under division (H)(1) of this section,	12394
thereafter, the prosecutor, judge, and offender may make a	12395
subsequent motion under that division upon the expiration of five	12396
years after the judge has entered an order denying the initial	12397
motion or the most recent motion made under that division.	12398

(3) The offender and the prosecuting attorney have the right	12399
to appeal an order approving or denying a motion made under	12400
division (H)(1) of this section.	12401

(4) Divisions (H)(1) to (3) of this section do not apply to	12402
any of the following types of offender:	12403

(a) A person who is convicted of or pleads guilty to a	12404
violent sex offense or designated homicide, assault, or kidnapping	12405
offense and who, in relation to that offense, is adjudicated a	12406
sexually violent predator;	12407

(b) A person who is convicted of or pleads guilty to a	12408
sexually oriented offense that is a violation of division	12409
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	12410
after January 2, 2007, and either who is sentenced under section	12411
2971.03 of the Revised Code or upon whom a sentence of life	12412
without parole is imposed under division (B) of section 2907.02 of	12413
the Revised Code;	12414

(c) A person who is convicted of or pleads guilty to a	12415
sexually oriented offense that is attempted rape committed on or	12416
after January 2, 2007, and who also is convicted of or pleads	12417
guilty to a specification of the type described in section	12418
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	12419

(d) A person who is convicted of or pleads guilty to an	12420
offense described in division (B)(3)(a), (b), (c), or (d) of	12421
section 2971.03 of the Revised Code and who is sentenced for that	12422
offense pursuant to that division;	12423

(e) An offender who is in a category specified in division	12424
(F)(1)(a), (b), or (c), (d), or (e) of this section and who,	12425
subsequent to being subjected to community notification, has	12426
pleaded guilty to or been convicted of a sexually oriented offense	12427
or child-victim oriented offense.	12428

(I) If a person is convicted of, pleads guilty to, has been	12429
convicted of, or has pleaded guilty to a sexually oriented offense	12430
or a child-victim oriented offense or a person is or has been	12431
adjudicated a delinquent child for committing a sexually oriented	12432
offense or a child-victim oriented offense and is classified a	12433
juvenile offender registrant or is an out-of-state juvenile	12434
offender registrant based on that adjudication, and if the	12435
offender or delinquent child is not in any category specified in	12436
division (F)(1)(a), (b), or (c), (d), or (e) of this section, the	12437
sheriff with whom the offender or delinquent child has most	12438
recently registered under section 2950.04, 2950.041, or 2950.05 of	12439
the Revised Code and the sheriff to whom the offender or	12440
delinquent child most recently sent a notice of intent to reside	12441
under section 2950.04 or 2950.041 of the Revised Code, within the	12442
period of time specified in division (D) of this section, shall	12443
provide a written notice containing the information set forth in	12444
division (B) of this section to the executive director of the	12445
public children services agency that has jurisdiction within the	12446
specified geographical notification area and that is located	12447
within the county served by the sheriff.	12448

(J) Each sheriff shall allow a volunteer organization or	12449
other organization, company, or individual who wishes to receive	12450
the notice described in division (A)(10) of this section regarding	12451
a specific offender or delinquent child or notice regarding all	12452
offenders and delinquent children who are located in the specified	12453
geographical notification area to notify the sheriff by electronic	12454
mail or through the sheriff's web site of this election. The	12455
sheriff shall promptly inform the bureau of criminal	12456
identification and investigation of these requests in accordance	12457
with the forwarding procedures adopted by the attorney general	12458
pursuant to section 2950.13 of the Revised Code.	12459

(K) In making a determination under division (H)(1) of this	12460
section as to whether to suspend the community notification	12461
requirement under this section for an offender, the judge shall	12462
consider all relevant factors, including, but not limited to, all	12463
of the following:	12464

(1) The offender's age;

12465

(2) The offender's prior criminal or delinquency record	12466
regarding all offenses, including, but not limited to, all	12467
sexually oriented offenses or child-victim oriented offenses;	12468

(3) The age of the victim of the sexually oriented offense or	12469
child-victim oriented offense the offender committed;	12470

(4) Whether the sexually oriented offense or child-victim	12471
oriented offense the offender committed involved multiple victims;	12472

(5) Whether the offender used drugs or alcohol to impair the	12473
victim of the sexually oriented offense or child-victim oriented	12474
offense the offender committed or to prevent the victim from	12475
resisting;	12476

(6) If the offender previously has been convicted of, pleaded	12477
guilty to, or been adjudicated a delinquent child for committing	12478
an act that if committed by an adult would be a criminal offense,	12479
whether the offender completed any sentence or dispositional order	12480
imposed for the prior offense or act and, if the prior offense or	12481
act was a sexually oriented offense or a child-victim oriented	12482
offense, whether the offender or delinquent child participated in	12483
available programs for sex offenders or child-victim offenders;	12484

(7) Any mental illness or mental disability of the offender;

12485

(8) The nature of the offender's sexual conduct, sexual	12486
contact, or interaction in a sexual context with the victim of the	12487
sexually oriented offense the offender committed or the nature of	12488
the offender's interaction in a sexual context with the victim of	12489
the child-victim oriented offense the offender committed,	12490
whichever is applicable, and whether the sexual conduct, sexual	12491
contact, or interaction in a sexual context was part of a	12492
demonstrated pattern of abuse;	12493

(9) Whether the offender, during the commission of the	12494
sexually oriented offense or child-victim oriented offense the	12495
offender committed, displayed cruelty or made one or more threats	12496
of cruelty;	12497

(10) Any additional behavioral characteristics that	12498
contribute to the offender's conduct.	12499

(L) As used in this section, "specified geographical	12500
notification area" means the geographic area or areas within which	12501
the attorney general, by rule adopted under section 2950.13 of the	12502
Revised Code, requires the notice described in division (B) of	12503
this section to be given to the persons identified in divisions	12504
(A)(2) to (8) of this section.	12505

Sec. 2950.13. (A) The attorney general shall do all of the	12506
following:	12507

(1) No later than July 1, 1997, establish and maintain a	12508
state registry of sex offenders and child-victim offenders that is	12509
housed at the bureau of criminal identification and investigation	12510
and that contains all of the registration, change of residence,	12511
school, institution of higher education, or place of employment	12512
address, and verification information the bureau receives pursuant	12513
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12514
Code regarding each person who is convicted of, pleads guilty to,	12515
has been convicted of, or has pleaded guilty to a sexually	12516
oriented offense or a child-victim oriented offense and each	12517
person who is or has been adjudicated a delinquent child for	12518
committing a sexually oriented offense or a child-victim oriented	12519
offense and is classified a juvenile offender registrant or is an	12520
out-of-state juvenile offender registrant based on that	12521
adjudication, all of the information the bureau receives pursuant	12522
to section 2950.14 of the Revised Code, and any notice of an order	12523
terminating or modifying an offender's or delinquent child's duty	12524
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	12525
the Revised Code the bureau receives pursuant to section 2152.84,	12526
2152.85, or 2950.15 of the Revised Code. For a person who was	12527
convicted of or pleaded guilty to the sexually oriented offense or	12528
child-victim related offense, the registry also shall indicate	12529
whether the person was convicted of or pleaded guilty to the	12530
offense in a criminal prosecution or in a serious youthful	12531
offender case. The registry shall not be open to inspection by the	12532
public or by any person other than a person identified in division	12533
(A) of section 2950.08 of the Revised Code. In addition to the	12534
information and material previously identified in this division,	12535
the registry shall include all of the following regarding each	12536
person who is listed in the registry:	12537

(a) A citation for, and the name of, all sexually oriented	12538
offenses or child-victim oriented offenses of which the person was	12539
convicted, to which the person pleaded guilty, or for which the	12540
person was adjudicated a delinquent child and that resulted in a	12541
registration duty, and the date on which those offenses were	12542
committed;	12543

(b) The text of the sexually oriented offenses or	12544
child-victim oriented offenses identified in division (A)(1)(a) of	12545
this section as those offenses existed at the time the person was	12546
convicted of, pleaded guilty to, or was adjudicated a delinquent	12547
child for committing those offenses, or a link to a database that	12548
sets forth the text of those offenses;	12549

(c) A statement as to whether the person is a tier I sex	12550
offender/child-victim offender, a tier II sex	12551
offender/child-victim offender, or a tier III sex	12552
offender/child-victim offender, a sexual predator, a child-victim	12553
predator, a habitual sex offender, a habitual child-victim	12554
offender, a sexually oriented offender, or a child-victim oriented	12555
offender for the sexually oriented offenses or child-victim	12556
oriented offenses identified in division (A)(1)(a) of this	12557
section;	12558

(d) The community supervision status of the person,	12559
including, but not limited to, whether the person is serving a	12560
community control sanction and the nature of any such sanction,	12561
whether the person is under supervised release and the nature of	12562
the release, or regarding a juvenile, whether the juvenile is	12563
under any type of release authorized under Chapter 2152. or 5139.	12564
of the Revised Code and the nature of any such release;	12565

(e) The offense and delinquency history of the person, as	12566
determined from information gathered or provided under sections	12567
109.57 and 2950.14 of the Revised Code;	12568

(f) The bureau of criminal identification and investigation	12569
tracking number assigned to the person if one has been so	12570
assigned, the federal bureau of investigation number assigned to	12571
the person if one has been assigned and the bureau of criminal	12572
identification and investigation is aware of the number, and any	12573
other state identification number assigned to the person of which	12574
the bureau is aware;	12575

(g) Fingerprints and palmprints of the person;

12576

(h) A DNA specimen, as defined in section 109.573 of the	12577
Revised Code, from the person;	12578

(i) Whether the person has any outstanding arrest warrants;

12579

(j) Whether the person is in compliance with the person's	12580
duties under this chapter.	12581

(2) In consultation with local law enforcement	12582
representatives and no later than July 1, 1997, adopt rules that	12583
contain guidelines necessary for the implementation of this	12584
chapter;	12585

(3) In consultation with local law enforcement	12586
representatives, adopt rules for the implementation and	12587
administration of the provisions contained in section 2950.11 of	12588
the Revised Code that pertain to the notification of neighbors of	12589
an offender or a delinquent child who has committed a sexually	12590
oriented offense or a child-victim oriented offense and is in a	12591
category specified in division (F)(1) of that section and rules	12592
that prescribe a manner in which victims of a sexually oriented	12593
offense or a child-victim oriented offense committed by an	12594
offender or a delinquent child who is in a category specified in	12595
division (B)(1) of section 2950.10 of the Revised Code may make a	12596
request that specifies that the victim would like to be provided	12597
the notices described in divisions (A)(1) and (2) of section	12598
2950.10 of the Revised Code;	12599

(4) In consultation with local law enforcement	12600
representatives and through the bureau of criminal identification	12601
and investigation, prescribe the forms to be used by judges and	12602
officials pursuant to section 2950.03 or 2950.032 of the Revised	12603
Code to advise offenders and delinquent children of their duties	12604
of filing a notice of intent to reside, registration, notification	12605
of a change of residence, school, institution of higher education,	12606
or place of employment address and registration of the new school,	12607
institution of higher education, or place of employment address,	12608
as applicable, and address verification under sections 2950.04,	12609
2950.041, 2950.05, and 2950.06 of the Revised Code, and prescribe	12610
the forms to be used by sheriffs relative to those duties of	12611
filing a notice of intent to reside, registration, change of	12612
residence, school, institution of higher education, or place of	12613
employment address notification, and address verification;	12614

(5) Make copies of the forms prescribed under division (A)(4)	12615
of this section available to judges, officials, and sheriffs;	12616

(6) Through the bureau of criminal identification and	12617
investigation, provide the notifications, the information and	12618
materials, and the documents that the bureau is required to	12619
provide to appropriate law enforcement officials and to the	12620
federal bureau of investigation pursuant to sections 2950.04,	12621
2950.041, 2950.05, and 2950.06 of the Revised Code;	12622

(7) Through the bureau of criminal identification and	12623
investigation, maintain the verification forms returned under the	12624
address verification mechanism set forth in section 2950.06 of the	12625
Revised Code;	12626

(8) In consultation with representatives of the officials,	12627
judges, and sheriffs, adopt procedures for officials, judges, and	12628
sheriffs to use to forward information, photographs, and	12629
fingerprints to the bureau of criminal identification and	12630
investigation pursuant to the requirements of sections 2950.03,	12631
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	12632
Code;	12633

(9) In consultation with the director of education, the	12634
director of job and family services, and the director of	12635
rehabilitation and correction, adopt rules that contain guidelines	12636
to be followed by boards of education of a school district,	12637
chartered nonpublic schools or other schools not operated by a	12638
board of education, preschool programs, child day-care centers,	12639
type A family day-care homes, licensed type B family day-care	12640
homes, and institutions of higher education regarding the proper	12641
use and administration of information received pursuant to section	12642
2950.11 of the Revised Code relative to an offender or delinquent	12643
child who has committed a sexually oriented offense or a	12644
child-victim oriented offense and is in a category specified in	12645
division (F)(1) of that section;	12646

(10) In consultation with local law enforcement	12647
representatives and no later than July 1, 1997, adopt rules that	12648
designate a geographic area or areas within which the notice	12649
described in division (B) of section 2950.11 of the Revised Code	12650
must be given to the persons identified in divisions (A)(2) to (8)	12651
and (A)(10) of that section;	12652

(11) Through the bureau of criminal identification and	12653
investigation, not later than January 1, 2004, establish and	12654
operate on the internet a sex offender and child-victim offender	12655
database that contains information for every offender who has	12656
committed a sexually oriented offense or a child-victim oriented	12657
offense and registers in any county in this state pursuant to	12658
section 2950.04 or 2950.041 of the Revised Code ~~and for every~~	12659
~~delinquent child who has committed a sexually oriented offense, is~~	12660
~~a public registry-qualified juvenile offender registrant, and~~	12661
~~registers in any county in this state pursuant to either such~~	12662
~~section~~. The bureau shall not include on the database the identity	12663
of any offender's ~~or public registry-qualified juvenile offender~~	12664
~~registrant's~~ victim, any offender's ~~or public registry-qualified~~	12665
~~juvenile offender registrant's~~ social security number, the name of	12666
any school or institution of higher education attended by any	12667
offender ~~or public registry-qualified juvenile offender~~	12668
~~registrant~~, the name of the place of employment of any offender or	12669
~~public registry-qualified juvenile offender registrant~~, any	12670
tracking or identification number described in division (A)(1)(f)	12671
of this section, or any information described in division (C)(7)	12672
of section 2950.04 or 2950.041 of the Revised Code. The bureau	12673
shall provide on the database, for each offender ~~and each public~~	12674
~~registry-qualified juvenile offender registrant~~, at least the	12675
information specified in divisions (A)(11)(a) to (h) of this	12676
section. Otherwise, the bureau shall determine the information to	12677
be provided on the database for each offender ~~and public~~	12678
~~registry-qualified juvenile offender registrant~~ and shall obtain	12679
that information from the information contained in the state	12680
registry of sex offenders and child-victim offenders described in	12681
division (A)(1) of this section, which information, while in the	12682
possession of the sheriff who provided it, is a public record open	12683
for inspection as described in section 2950.081 of the Revised	12684
Code. The database is a public record open for inspection under	12685
section 149.43 of the Revised Code, and it shall be searchable by	12686
offender ~~or public registry-qualified juvenile offender registrant~~	12687
name, by county, by zip code, and by school district. The database	12688
shall provide a link to the web site of each sheriff who has	12689
established and operates on the internet a sex offender and	12690
child-victim offender database that contains information for	12691
offenders ~~and public registry-qualified juvenile offender~~	12692
~~registrants~~ who register in that county pursuant to section	12693
2950.04 or 2950.041 of the Revised Code, with the link being a	12694
direct link to the sex offender and child-victim offender database	12695
for the sheriff. The bureau shall provide on the database, for	12696
each offender ~~and public registry-qualified juvenile offender~~	12697
~~registrant~~, at least the following information:	12698

(a) The information described in divisions (A)(1)(a), (b),	12699
(c), and (d) of this section relative to the offender ~~or public~~	12700
~~registry-qualified juvenile offender registrant~~;	12701

(b) The address of the offender's ~~or public~~	12702
~~registry-qualified juvenile offender registrant's~~ school,	12703
institution of higher education, or place of employment provided	12704
in a registration form;	12705

(c) ~~The~~If the sexually oriented offense or child-victim	12706
oriented offense that is the basis of the offender's duty to	12707
register was committed on or after January 1, 2008, all of the	12708
following:	12709

(i) The information described in division (C)(6) of section	12710
2950.04 or 2950.041 of the Revised Code;	12711

~~(d)~~(ii) A chart describing which sexually oriented offenses	12712
and child-victim oriented offenses are included in the definitions	12713
of tier I sex offender/child-victim offender, tier II sex	12714
offender/child-victim offender, and tier III sex	12715
offender/child-victim offender;	12716

~~(e)~~(iii) Fingerprints and palmprints of the offender or	12717
~~public registry-qualified juvenile offender registrant~~ and a DNA	12718
specimen from the offender ~~or public registry-qualified juvenile~~	12719
~~offender registrant;~~.	12720

~~(f)~~(d) The information set forth in division (B) of section	12721
2950.11 of the Revised Code;	12722

~~(g) Any~~(e) If the sexually oriented offense or child-victim	12723
oriented offense that is the basis of the offender's duty to	12724
register was committed on or after January 1, 2008, any	12725
outstanding arrest warrants for the offender ~~or public~~	12726
~~registry-qualified juvenile offender registrant~~;	12727

~~(h)~~(f) The offender's ~~or public registry-qualified juvenile~~	12728
~~offender registrant's~~ compliance status with duties under this	12729
chapter.	12730

(12) Develop software to be used by sheriffs in establishing	12731
on the internet a sex offender and child-victim offender database	12732
for the public dissemination of some or all of the information and	12733
materials described in division (A) of section 2950.081 of the	12734
Revised Code that are public records under that division, that are	12735
not prohibited from inclusion by division (B) of that section, and	12736
that pertain to offenders ~~and public registry-qualified juvenile~~	12737
~~offender registrants~~ who register in the sheriff's county pursuant	12738
to section 2950.04 or 2950.041 of the Revised Code and for the	12739
public dissemination of information the sheriff receives pursuant	12740
to section 2950.14 of the Revised Code that pertains to offenders	12741
and, upon the request of any sheriff, provide technical guidance	12742
to the requesting sheriff in establishing on the internet such a	12743
database;	12744

(13) Through the bureau of criminal identification and	12745
investigation, not later than January 1, 2004, establish and	12746
operate on the internet a database that enables local law	12747
enforcement representatives to remotely search by electronic means	12748
the state registry of sex offenders and child-victim offenders	12749
described in division (A)(1) of this section and any information	12750
and materials the bureau receives pursuant to sections 2950.04,	12751
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	12752
database shall enable local law enforcement representatives to	12753
obtain detailed information regarding each offender and delinquent	12754
child who is included in the registry, including, but not limited	12755
to the offender's or delinquent child's name, aliases, residence	12756
address, name and address of any place of employment, school,	12757
institution of higher education, if applicable, license plate	12758
number of each vehicle identified in division (C)(5) of section	12759
2950.04 or 2950.041 of the Revised Code to the extent applicable,	12760
victim preference if available, date of most recent release from	12761
confinement if applicable, fingerprints, and palmprints, all of	12762
the information and material described in divisions (A)(1)(a) to	12763
(h) of this section regarding the offender or delinquent child,	12764
and other identification parameters the bureau considers	12765
appropriate. The database is not a public record open for	12766
inspection under section 149.43 of the Revised Code and shall be	12767
available only to law enforcement representatives as described in	12768
this division. Information obtained by local law enforcement	12769
representatives through use of this database is not open to	12770
inspection by the public or by any person other than a person	12771
identified in division (A) of section 2950.08 of the Revised Code.	12772

(14) Through the bureau of criminal identification and	12773
investigation, maintain a list of requests for notice about a	12774
specified offender or delinquent child or specified geographical	12775
notification area made pursuant to division (J) of section 2950.11	12776
of the Revised Code and, when an offender or delinquent child	12777
changes residence to another county, forward any requests for	12778
information about that specific offender or delinquent child to	12779
the appropriate sheriff;	12780

(15) Through the bureau of criminal identification and	12781
investigation, establish and operate a system for the immediate	12782
notification by electronic means of the appropriate officials in	12783
other states specified in this division each time an offender or	12784
delinquent child registers a residence, school, institution of	12785
higher education, or place of employment address under section	12786
2950.04 or 2950.041 of the Revised Code or provides a notice of a	12787
change of address or registers a new address under division (A) or	12788
(B) of section 2950.05 of the Revised Code. The immediate	12789
notification by electronic means shall be provided to the	12790
appropriate officials in each state in which the offender or	12791
delinquent child is required to register a residence, school,	12792
institution of higher education, or place of employment address.	12793
The notification shall contain the offender's or delinquent	12794
child's name and all of the information the bureau receives from	12795
the sheriff with whom the offender or delinquent child registered	12796
the address or provided the notice of change of address or	12797
registered the new address.	12798

(B) The attorney general in consultation with local law	12799
enforcement representatives, may adopt rules that establish one or	12800
more categories of neighbors of an offender or delinquent child	12801
who, in addition to the occupants of residential premises and	12802
other persons specified in division (A)(1) of section 2950.11 of	12803
the Revised Code, must be given the notice described in division	12804
(B) of that section.	12805

(C) No person, other than a local law enforcement	12806
representative, shall knowingly do any of the following:	12807

(1) Gain or attempt to gain access to the database	12808
established and operated by the attorney general, through the	12809
bureau of criminal identification and investigation, pursuant to	12810
division (A)(13) of this section.	12811

(2) Permit any person to inspect any information obtained	12812
through use of the database described in division (C)(1) of this	12813
section, other than as permitted under that division.	12814

(D) As used in this section, "local law enforcement	12815
representatives" means representatives of the sheriffs of this	12816
state, representatives of the municipal chiefs of police and	12817
marshals of this state, and representatives of the township	12818
constables and chiefs of police of the township police departments	12819
or police district police forces of this state.	12820

Section 4. That the existing versions of sections 109.57,	12821
2950.11, and 2950.13 of the Revised Code that are scheduled to	12822
take effect on January 1, 2014, are hereby repealed.	12823

Section 5. Sections 3 and 4 of this act shall take effect on	12824
January 1, 2014.	12825

Section 6. The General Assembly, applying the principle	12826
stated in division (B) of section 1.52 of the Revised Code that	12827
amendments are to be harmonized if reasonably capable of	12828
simultaneous operation, finds that the following sections,	12829
presented in Section 1 of this act as composites of the sections	12830
as amended by the acts indicated, are the resulting versions of	12831
the sections in effect prior to the effective date of the sections	12832
as presented in this act:	12833

Section 109.572 of the Revised Code as amended by both Am.	12834
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	12835

Section 1923.02 of the Revised Code as amended by both Sub.	12836
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	12837

Section 2929.13 of the Revised Code is presented in this act	12838
as a composite of the section as amended by Am. Sub. H.B. 62, Am.	12839
Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th General	12840
Assembly.	12841

Section 2929.19 of the Revised Code as amended by both Am.	12842
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	12843

Section 7. The General Assembly, applying the principle	12844
stated in division (B) of section 1.52 of the Revised Code that	12845
amendments are to be harmonized if reasonably capable of	12846
simultaneous operation, finds that the following section,	12847
presented in Section 3 of this act as a composite of the section	12848
as amended by the acts indicated, is the resulting version of the	12849
section in effect prior to the effective date of the section as	12850
presented in this act:	12851

Section 109.57 of the Revised Code as amended by Am. Sub.	12852
H.B. 487, Am. Sub. S.B. 316, and Am. Sub. S.B. 337 of the 129th	12853
General Assembly.	12854