As Introduced 1 123rd General Assembly 4 Regular Session H.B. No. 442 5 1999-2000 6 REPRESENTATIVES WINKLER-ALLEN-BRITTON-CATES-CLANCY-EVANS- 7 HARRIS-HARTNETT-JERSE-PRINGLE-SCHURING-TAYLOR-TIBERI- 8 TRAKAS-WILLAMOWSKI 9 _________________________________________________________________ 11 A B I L L To amend sections 2151.14, 2151.315, 2151.3511, 13 2907.02, and 2907.04 of the Revised Code to 14 expand the offense of rape by including within that offense a prohibition against a person who 15 previously has been convicted of certain sex offenses and is 18 or older from engaging in 16 sexual conduct with a person who is 13 or older 17 but less than 16 and a prohibition against a person engaging in sexual contact with another 18 person who is ten or more years of age younger, thirteen years of age or older, and less than 19 sixteen years of age and to rename the offense of 20 corruption of a minor as the offense of sexual assault on a minor. 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23 Section 1. That sections 2151.14, 2151.315, 2151.3511, 25 2907.02, and 2907.04 of the Revised Code be amended to read as 26 follows: Sec. 2151.14. (A) The chief probation officer, under the 35 direction of the juvenile judge, shall have charge of the work of 36 the probation department. The department shall make any 37 investigations that the judge directs, keep a written record of 38 the investigations, and submit the record to the judge or deal 39 with them as the judge directs. The department shall furnish to 40 2 any person placed on probation a statement of the conditions of 41 probation and shall instruct the person regarding them. The 42 department shall keep informed concerning the conduct and 44 condition of each person under its supervision and shall report 45 on their conduct and condition to the judge as the judge directs. 46 Each probation officer shall use all suitable methods to aid 47 persons on probation and to bring about improvement in their 48 conduct and condition. The department shall keep full records of 49 its work, keep accurate and complete accounts of money collected 50 from persons under its supervision, give receipts for the money, 51 and make reports on the money as the judge directs. 52 (B) Except as provided in division (C) or (D) of this 54 section, the reports and records of the department shall be 55 considered confidential information and shall not be made public. 56 A probation officer may serve the process of the court within or 57 without the county, make arrests without warrant upon reasonable 59 information or upon view of the violation of this chapter, detain 60 the person arrested pending the issuance of a warrant, and 61 perform any other duties, incident to the office, that the judge 62 directs. All sheriffs, deputy sheriffs, constables, marshals, 63 deputy marshals, chiefs of police, municipal corporation and 64 township police officers, and other peace officers shall render 65 assistance to probation officers in the performance of their 66 duties when requested to do so by any probation officer. 67 (C) When a complaint has been filed alleging that a child 69 is delinquent by reason of having committed an act that would 70 constitute a violation of section 2907.02, 2907.03,2907.04,71 2907.05, or 2907.06 of the Revised Code if committed by an adult 73 and the arresting authority, a court, or a probation officer 74 discovers that the child or a person whom the child caused to 75 engage in sexual activity, as defined in section 2907.01 of the 76 Revised Code, has a communicable disease, the arresting 77 authority, court, or probation officer immediately shall notify 78 the victim of the delinquent act of the nature of the disease. 79 3 (D)(1) In accordance with division (D)(2) of this section, 81 subject to the limitation specified in division (D)(4) of this 82 section, and in connection with a disposition pursuant to section 83 2151.354 of the Revised Code when a child has been found to be an 84 unruly child, a disposition pursuant to section 2151.355 of the 85 Revised Code when a child has been found to be a delinquent 86 child, or a disposition pursuant to section 2151.356 of the 87 Revised Code when a child has been found to be a juvenile traffic 88 offender, the court may issue an order requiring boards of 89 education, governing bodies of chartered nonpublic schools, 90 public children services agencies, private child placing 91 agencies, probation departments, law enforcement agencies, and 92 prosecuting attorneys that have records related to the child in 93 question to provide copies of one or more specified records, or 94 specified information in one or more specified records, that the 95 individual or entity has with respect to the child to any of the 96 following individuals or entities that request the records in 97 accordance with division (D)(3)(a) of this section: 98 (a) The child; 100 (b) The attorney or guardian ad litem of the child; 102 (c) A parent, guardian, or custodian of the child; 104 (d) A prosecuting attorney; 106 (e) A board of education of a public school district; 108 (f) A probation department of a juvenile court; 110 (g) A public children services agency or private child 112 placing agency that has custody of the child, is providing 113 services to the child or the child's family, or is preparing a 114 social history or performing any other function for the juvenile 115 court; (h) The department of youth services when the department 117 has custody of the child or is performing any services for the 118 child that are required by the juvenile court or by statute; 119 (i) The individual in control of a juvenile detention or 121 rehabilitation facility to which the child has been committed; 122 4 (j) An employee of the juvenile court that found the child 124 to be an unruly child, a delinquent child, or a juvenile traffic 125 offender; 126 (k) Any other entity that has custody of the child or is 128 providing treatment, rehabilitation, or other services for the 129 child pursuant to a court order, statutory requirement, or other 130 arrangement. 131 (2) Any individual or entity listed in divisions (D)(1)(a) 133 to (k) of this section may file a motion with the court that 134 requests the court to issue an order as described in division 135 (D)(1) of this section. If such a motion is filed, the court 136 shall conduct a hearing on it. If at the hearing the movant 137 demonstrates a need for one or more specified records, or for 138 information in one or more specified records, related to the 139 child in question and additionally demonstrates the relevance of 140 the information sought to be obtained from those records, and if 141 the court determines that the limitation specified in division 142 (D)(4) of this section does not preclude the provision of a 143 specified record or specified information to the movant, then the 144 court may issue an order to a designated individual or entity to 145 provide the movant with copies of one or more specified records 146 or with specified information contained in one or more specified 147 records. 148 (3)(a) Any individual or entity that is authorized by an 150 order issued pursuant to division (D)(1) of this section to 151 obtain copies of one or more specified records, or specified 152 information, related to a particular child may file a written 153 request for copies of the records or for the information with any 154 individual or entity required by the order to provide copies of 155 the records or the information. The request shall be in writing, 156 describe the type of records or the information requested, 157 explain the need for the records or the information, and be 158 accompanied by a copy of the order. 159 (b) If an individual or entity that is required by an 161 5 order issued pursuant to division (D)(1) of this section to 162 provide one or more specified records, or specified information, 163 related to a child receives a written request for the records or 164 information in accordance with division (D)(3)(a) of this 165 section, the individual or entity immediately shall comply with 166 the request to the extent it is able to do so, unless the 167 individual or entity determines that it is unable to comply with 168 the request because it is prohibited by law from doing so, or 169 unless the requesting individual or entity does not have 170 authority to obtain the requested records or information. If the 171 individual or entity determines that it is unable to comply with 172 the request, it shall file a motion with the court that issued 173 the order requesting the court to determine the extent to which 174 it is required to comply with the request for records or 175 information. Upon the filing of the motion, the court 176 immediately shall hold a hearing on the motion, determine the 177 extent to which the movant is required to comply with the request 178 for records or information, and issue findings of fact and 179 conclusions of law in support of its determination. The 180 determination of the court shall be final. If the court 181 determines that the movant is required to comply with the request 182 for records or information, it shall identify the specific 183 records or information that must be supplied to the individual or 184 entity that requested the records or information. 185 (c) If an individual or entity is required to provide 187 copies of one or more specified records pursuant to division (D) 188 of this section, the individual or entity may charge a fee for 189 the copies that does not exceed the cost of supplying them. 190 (4) Division (D) of this section does not require, 192 authorize, or permit the dissemination of any records or any 193 information contained in any records if the dissemination of the 194 records or information generally is prohibited by any provision 195 of the Revised Code and a specific provision of the Revised Code 196 does not specifically authorize or permit the dissemination of 197 6 the records or information pursuant to division (D) of this 198 section. Sec. 2151.315. (A) As used in this section, "DNA 207 analysis" and "DNA specimen" have the same meanings as in section 208 109.573 of the Revised Code. 209 (B)(1) A child who is adjudicated a delinquent child for 211 committing an act listed in division (D) of this section and who 212 is committed to the custody of the department of youth services 213 or to a school, camp, institution, or other facility for 214 delinquent children described in division (A)(3) of section 215 2151.355 of the Revised Code shall submit to a DNA specimen 216 collection procedure administered by the director of youth services if committed to the department or by the chief 217 administrative officer of the school, camp, institution, or other 218 facility for delinquent children to which the child was 219 committed. If the court commits the child to the department of 220 youth services, the director of youth services shall cause the 221 DNA specimen to be collected from the child during the intake 222 process at an institution operated by or under the control of the 223 department. If the court commits the child to a school, camp, 224 institution, or other facility for delinquent children, the chief 225 administrative officer of the school, camp, institution, or 226 facility to which the child is committed shall cause the DNA 228 specimen to be collected from the child during the intake process 229 for the school, camp, institution, or facility. In accordance 230 with division (C) of this section, the director or the chief 231 administrative officer shall cause the DNA specimen to be 234 forwarded to the bureau of criminal identification and 235 investigation no later than fifteen days after the date of the 236 collection of the DNA specimen. The DNA specimen shall be 237 collected from the child in accordance with division (C) of this 239 section. (2) If a child is adjudicated a delinquent child for 241 committing an act listed in division (D) of this section, is 243 7 committed to the department of youth services or to a school, 245 camp, institution, or other facility for delinquent children, and 246 does not submit to a DNA specimen collection procedure pursuant 248 to division (B)(1) of this section, prior to the child's release 249 from the custody of the department of youth services or from the 250 custody of the school, camp, institution, or facility, the child 251 shall submit to, and the director of youth services or the chief 252 administrator of the school, camp, institution, or facility to 253 which the child is committed shall administer, a DNA specimen 254 collection procedure at the institution operated by or under the 255 control of the department of youth services or at the school, 256 camp, institution, or facility to which the child is committed. 257 In accordance with division (C) of this section, the director or 258 the chief administrative officer shall cause the DNA specimen to 261 be forwarded to the bureau of criminal identification and investigation no later than fifteen days after the date of the 262 collection of the DNA specimen. The DNA specimen shall be 263 collected in accordance with division (C) of this section. 264 (C) A physician, registered nurse, licensed practical 267 nurse, duly licensed clinical laboratory technician, or other 268 qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected 269 pursuant to division (B) of this section. No later than fifteen 270 days after the date of the collection of the DNA specimen, the 271 director of youth services or the chief administrative officer of 273 the school, camp, institution, or other facility for delinquent 274 children to which the child is committed shall cause the DNA 275 specimen to be forwarded to the bureau of criminal identification 277 and investigation in accordance with procedures established by 278 the superintendent of the bureau under division (H) of section 280 109.573 of the Revised Code. The bureau shall provide the 281 specimen vials, mailing tubes, labels, postage, and instruction 282 needed for the collection and forwarding of the DNA specimen to 284 the bureau. 8 (D) The director of youth services and the chief 286 administrative officer of a school, camp, institution, or other 287 facility for delinquent children shall cause a DNA specimen to be 288 collected in accordance with divisions (B) and (C) of this 289 section from each child in its custody who is adjudicated a 290 delinquent child for committing any of the following acts: 292 (1) A violation of section 2903.01, 2903.02, 2905.01, 294 2907.02, 2907.03,2907.04,2907.05, or 2911.11 of the Revised 296 Code; (2) A violation of section 2907.12 of the Revised Code as 298 it existed prior to September 3, 1996; 299 (3) An attempt to commit a violation of section 2907.02, 301 2907.03,2907.04,or 2907.05 of the Revised Code or to commit a 303 violation of section 2907.12 of the Revised Code as it existed 304 prior to September 3, 1996; 305 (4) A violation of any law that arose out of the same 307 facts and circumstances and same act as did a charge against the 310 child of a violation of section 2903.01, 2903.02, 2905.01, 311 2907.02, 2907.03,2907.04,2907.05, or 2911.11 of the Revised 312 Code that previously was dismissed or amended or as did a charge 313 against the child of a violation of section 2907.12 of the 314 Revised Code as it existed prior to September 3, 1996, that 315 previously was dismissed or amended; (5) A violation of section 2905.02 or 2919.23 of the 317 Revised Code that would have been a violation of section 2905.04 319 of the Revised Code as it existed prior to July 1, 1996, had the 320 violation been committed prior to that date. (E) The director of youth services and the chief 322 administrative officer of a school, camp, institution, or other 323 facility for delinquent children is not required to comply with 324 this section until the superintendent of the bureau of criminal 326 identification and investigation gives agencies in the juvenile 327 justice system, as defined in section 181.51 of the Revised Code, in the state official notification that the state DNA laboratory 330 9 is prepared to accept DNA specimens. 331 Sec. 2151.3511. (A)(1) As used in this section, "victim" 340 includes any of the following persons: 341 (a) A person who was a victim of a violation identified in 343 division (A)(2) of this section or an act that would be an 344 offense of violence if committed by an adult; 345 (b) A person against whom was directed any conduct that 347 constitutes, or that is an element of, a violation identified in 348 division (A)(2) of this section or an act that would be an 349 offense of violence if committed by an adult. 350 (2) In any proceeding in juvenile court involving a 353 complaint in which a child is charged with a violation of section 354 2905.03, 2905.05, 2907.02, 2907.03,2907.04,2907.05, 2907.06, 355 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 356 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or 358 an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was 359 a child who was less than thirteen years of age when the 360 complaint was filed, the juvenile judge, upon motion of an 362 attorney for the prosecution, shall order that the testimony of 363 the child victim be taken by deposition. The prosecution also 364 may request that the deposition be videotaped in accordance with 365 division (A)(3) of this section. The judge shall notify the 367 child victim whose deposition is to be taken, the prosecution, 368 and the attorney for the child who is charged with the violation 369 or act of the date, time, and place for taking the deposition. 370 The notice shall identify the child victim who is to be examined 372 and shall indicate whether a request that the deposition be 373 videotaped has been made. The child who is charged with the 374 violation or act shall have the right to attend the deposition 376 and the right to be represented by counsel. Depositions shall be 377 taken in the manner provided in civil cases, except that the 378 judge in the proceeding shall preside at the taking of the 379 deposition and shall rule at that time on any objections of the 380 10 prosecution or the attorney for the child charged with the 381 violation or act. The prosecution and the attorney for the child 382 charged with the violation or act shall have the right, as at an 383 adjudication hearing, to full examination and cross-examination 384 of the child victim whose deposition is to be taken. If a 385 deposition taken under this division is intended to be offered as 386 evidence in the proceeding, it shall be filed in the juvenile 387 court in which the action is pending and is admissible in the 388 manner described in division (B) of this section. If a 389 deposition of a child victim taken under this division is 390 admitted as evidence at the proceeding under division (B) of this 391 section, the child victim shall not be required to testify in 392 person at the proceeding. However, at any time before the 393 conclusion of the proceeding, the attorney for the child charged 394 with the violation or act may file a motion with the judge 395 requesting that another deposition of the child victim be taken because new evidence material to the defense of the child charged 396 has been discovered that the attorney for the child charged could 397 not with reasonable diligence have discovered prior to the taking 398 of the admitted deposition. Any motion requesting another 399 deposition shall be accompanied by supporting affidavits. Upon 401 the filing of the motion and affidavits, the court may order that 402 additional testimony of the child victim relative to the new 403 evidence be taken by another deposition. If the court orders the 404 taking of another deposition under this provision, the deposition 405 shall be taken in accordance with this division; if the admitted 406 deposition was a videotaped deposition taken in accordance with 407 division (A)(3) of this section, the new deposition also shall be 408 videotaped in accordance with that division, and, in other cases, 409 the new deposition may be videotaped in accordance with that 410 division. (3) If the prosecution requests that a deposition to be 412 taken under division (A)(2) of this section be videotaped, the 414 juvenile judge shall order that the deposition be videotaped in 11 accordance with this division. If a juvenile judge issues an 416 order to video tape the deposition, the judge shall exclude from the room in which the deposition is to be taken every person 418 except the child victim giving the testimony, the judge, one or 419 more interpreters if needed, the attorneys for the prosecution 420 and the child who is charged with the violation or act, any 421 person needed to operate the equipment to be used, one person 422 chosen by the child victim giving the deposition, and any person 423 whose presence the judge determines would contribute to the 424 welfare and well-being of the child victim giving the deposition. 425 The person chosen by the child victim shall not be a witness in 426 the proceeding and, both before and during the deposition, shall 428 not discuss the testimony of the child victim with any other 430 witness in the proceeding. To the extent feasible, any person 431 operating the recording equipment shall be restricted to a room 432 adjacent to the room in which the deposition is being taken, or 433 to a location in the room in which the deposition is being taken 434 that is behind a screen or mirror so that the person operating 435 the recording equipment can see and hear, but cannot be seen or 437 heard by, the child victim giving the deposition during the 438 deposition. The child who is charged with the violation or act 439 shall be permitted to observe and hear the testimony of the child 440 victim giving the deposition on a monitor, shall be provided with 441 an electronic means of immediate communication with the attorney 442 of the child who is charged with the violation or act during the 443 testimony, and shall be restricted to a location from which the 444 child who is charged with the violation or act cannot be seen or 447 heard by the child victim giving the deposition, except on a monitor provided for that purpose. The child victim giving the 448 deposition shall be provided with a monitor on which the child 449 victim can observe, while giving testimony, the child who is 450 charged with the violation or act. The judge, at the judge's 452 discretion, may preside at the deposition by electronic means 454 from outside the room in which the deposition is to be taken; if 455 12 the judge presides by electronic means, the judge shall be 456 provided with monitors on which the judge can see each person in 458 the room in which the deposition is to be taken and with an 459 electronic means of communication with each person in that room, 460 and each person in the room shall be provided with a monitor on 462 which that person can see the judge and with an electronic means 463 of communication with the judge. A deposition that is videotaped 464 under this division shall be taken and filed in the manner 465 described in division (A)(2) of this section and is admissible in 467 the manner described in this division and division (B) of this 468 section, and, if a deposition that is videotaped under this 470 division is admitted as evidence at the proceeding, the child 471 victim shall not be required to testify in person at the 472 proceeding. No deposition videotaped under this division shall 473 be admitted as evidence at any proceeding unless division (B) of 474 this section is satisfied relative to the deposition and all of 475 the following apply relative to the recording: 476 (a) The recording is both aural and visual and is recorded 478 on film or videotape, or by other electronic means. 479 (b) The recording is authenticated under the Rules of 481 Evidence and the Rules of Criminal Procedure as a fair and 482 accurate representation of what occurred, and the recording is 483 not altered other than at the direction and under the supervision 484 of the judge in the proceeding. 485 (c) Each voice on the recording that is material to the 487 testimony on the recording or the making of the recording, as 488 determined by the judge, is identified. 489 (d) Both the prosecution and the child who is charged with 491 the violation or act are afforded an opportunity to view the 492 recording before it is shown in the proceeding. 493 (B)(1) At any proceeding in relation to which a deposition 495 was taken under division (A) of this section, the deposition or a 496 part of it is admissible in evidence upon motion of the 497 prosecution if the testimony in the deposition or the part to be 498 13 admitted is not excluded by the hearsay rule and if the 499 deposition or the part to be admitted otherwise is admissible 500 under the Rules of Evidence. For purposes of this division, 501 testimony is not excluded by the hearsay rule if the testimony is 502 not hearsay under Evidence Rule 801; if the testimony is within 503 an exception to the hearsay rule set forth in Evidence Rule 803; 504 if the child victim who gave the testimony is unavailable as a 505 witness, as defined in Evidence Rule 804, and the testimony is 506 admissible under that rule; or if both of the following apply: 507 (a) The child who is charged with the violation or act had 509 an opportunity and similar motive at the time of the taking of 510 the deposition to develop the testimony by direct, cross, or 511 redirect examination. 512 (b) The judge determines that there is reasonable cause to 514 believe that, if the child victim who gave the testimony in the 515 deposition were to testify in person at the proceeding, the child 516 victim would experience serious emotional trauma as a result of 517 the child victim's participation at the proceeding. 518 (2) Objections to receiving in evidence a deposition or a 520 part of it under division (B) of this section shall be made as 521 provided in civil actions. 522 (3) The provisions of divisions (A) and (B) of this 524 section are in addition to any other provisions of the Revised 525 Code, the Rules of Juvenile Procedure, the Rules of Criminal 526 Procedure, or the Rules of Evidence that pertain to the taking or 527 admission of depositions in a juvenile court proceeding and do 528 not limit the admissibility under any of those other provisions 530 of any deposition taken under division (A) of this section or 531 otherwise taken. 532 (C) In any proceeding in juvenile court involving a 534 complaint in which a child is charged with a violation listed in 535 division (A)(2) of this section or an act that would be an 537 offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was 539 14 less than thirteen years of age when the complaint was filed, the 541 prosecution may file a motion with the juvenile judge requesting 542 the judge to order the testimony of the child victim to be taken 543 in a room other than the room in which the proceeding is being 544 conducted and be televised, by closed circuit equipment, into the 545 room in which the proceeding is being conducted to be viewed by 546 the child who is charged with the violation or act and any other 547 persons who are not permitted in the room in which the testimony 549 is to be taken but who would have been present during the 550 testimony of the child victim had it been given in the room in 551 which the proceeding is being conducted. Except for good cause 552 shown, the prosecution shall file a motion under this division at 553 least seven days before the date of the proceeding. The juvenile 555 judge may issue the order upon the motion of the prosecution 557 filed under this division, if the judge determines that the child 558 victim is unavailable to testify in the room in which the 559 proceeding is being conducted in the physical presence of the 560 child charged with the violation or act, due to one or more of 561 the reasons set forth in division (E) of this section. If a 562 juvenile judge issues an order of that nature, the judge shall 563 exclude from the room in which the testimony is to be taken every 565 person except a person described in division (A)(3) of this 566 section. The judge, at the judge's discretion, may preside 568 during the giving of the testimony by electronic means from 569 outside the room in which it is being given, subject to the 570 limitations set forth in division (A)(3) of this section. To the 572 extent feasible, any person operating the televising equipment 573 shall be hidden from the sight and hearing of the child victim 574 giving the testimony, in a manner similar to that described in 575 division (A)(3) of this section. The child who is charged with 577 the violation or act shall be permitted to observe and hear the 578 testimony of the child victim giving the testimony on a monitor, 579 shall be provided with an electronic means of immediate 580 communication with the attorney of the child who is charged with 581 15 the violation or act during the testimony, and shall be 582 restricted to a location from which the child who is charged with 583 the violation or act cannot be seen or heard by the child victim 584 giving the testimony, except on a monitor provided for that 585 purpose. The child victim giving the testimony shall be provided 586 with a monitor on which the child victim can observe, while 587 giving testimony, the child who is charged with the violation or 588 act. (D) In any proceeding in juvenile court involving a 590 complaint in which a child is charged with a violation listed in 591 division (A)(2) of this section or an act that would be an 593 offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was 595 less than thirteen years of age when the complaint was filed, the 597 prosecution may file a motion with the juvenile judge requesting 598 the judge to order the testimony of the child victim to be taken 599 outside of the room in which the proceeding is being conducted 600 and be recorded for showing in the room in which the proceeding 601 is being conducted before the judge, the child who is charged 602 with the violation or act, and any other persons who would have 603 been present during the testimony of the child victim had it been 604 given in the room in which the proceeding is being conducted. 605 Except for good cause shown, the prosecution shall file a motion 606 under this division at least seven days before the date of the 607 proceeding. The juvenile judge may issue the order upon the 609 motion of the prosecution filed under this division, if the judge 610 determines that the child victim is unavailable to testify in the 612 room in which the proceeding is being conducted in the physical 613 presence of the child charged with the violation or act, due to 614 one or more of the reasons set forth in division (E) of this 615 section. If a juvenile judge issues an order of that nature, the 616 judge shall exclude from the room in which the testimony is to be 618 taken every person except a person described in division (A)(3) 619 of this section. To the extent feasible, any person operating 620 16 the recording equipment shall be hidden from the sight and 621 hearing of the child victim giving the testimony, in a manner 622 similar to that described in division (A)(3) of this section. 623 The child who is charged with the violation or act shall be 624 permitted to observe and hear the testimony of the child victim 625 giving the testimony on a monitor, shall be provided with an 626 electronic means of immediate communication with the attorney of 627 the child who is charged with the violation or act during the 628 testimony, and shall be restricted to a location from which the 629 child who is charged with the violation or act cannot be seen or 631 heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the 632 testimony shall be provided with a monitor on which the child 633 victim can observe, while giving testimony, the child who is 634 charged with the violation or act. No order for the taking of 635 testimony by recording shall be issued under this division unless 636 the provisions set forth in divisions (A)(3)(a), (b), (c), and 637 (d) of this section apply to the recording of the testimony. 639 (E) For purposes of divisions (C) and (D) of this section, 641 a juvenile judge may order the testimony of a child victim to be 642 taken outside of the room in which a proceeding is being 643 conducted if the judge determines that the child victim is 644 unavailable to testify in the room in the physical presence of 645 the child charged with the violation or act due to one or more of 646 the following circumstances: 647 (1) The persistent refusal of the child victim to testify 649 despite judicial requests to do so; 650 (2) The inability of the child victim to communicate about 652 the alleged violation or offense because of extreme fear, failure 653 of memory, or another similar reason; 654 (3) The substantial likelihood that the child victim will 656 suffer serious emotional trauma from so testifying. 657 (F)(1) If a juvenile judge issues an order pursuant to 659 division (C) or (D) of this section that requires the testimony 660 17 of a child victim in a juvenile court proceeding to be taken 661 outside of the room in which the proceeding is being conducted, 662 the order shall specifically identify the child victim to whose 663 testimony it applies, the order applies only during the testimony 664 of the specified child victim, and the child victim giving the 665 testimony shall not be required to testify at the proceeding 666 other than in accordance with the order. The authority of a 667 judge to close the taking of a deposition under division (A)(3) 669 of this section or a proceeding under division (C) or (D) of this 670 section is in addition to the authority of a judge to close a 671 hearing pursuant to section 2151.35 of the Revised Code. 672 (2) A juvenile judge who makes any determination regarding 674 the admissibility of a deposition under divisions (A) and (B) of 675 this section, the videotaping of a deposition under division 676 (A)(3) of this section, or the taking of testimony outside of the 678 room in which a proceeding is being conducted under division (C) 679 or (D) of this section, shall enter the determination and 680 findings on the record in the proceeding. 681 Sec. 2907.02. (A)(1) No person shall engage in sexual 690 conduct with another who is not the spouse of the offender or who 691 is the spouse of the offender but is living separate and apart 692 from the offender, when any of the following applies: 693 (a) For the purpose of preventing resistance, the offender 695 substantially impairs the other person's judgment or control by 696 administering any drug, intoxicant, or controlled substance to 698 the other person surreptitiously or by force, threat of force, or 699 deception. (b) The other person is less than thirteen years of age, 701 whether or not the offender knows the age of the other person. 702 (c) THE OFFENDER IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS 704 PREVIOUSLY BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF 705 SECTION 2907.02, 2907.03, OR 2907.04 OF THE REVISED CODE, AND THE 706 OTHER PERSON IS THIRTEEN YEARS OF AGE OR OLDER BUT LESS THAN 707 SIXTEEN YEARS OF AGE, WHETHER OR NOT THE OFFENDER KNOWS THE AGE 18 OF THE OTHER PERSON. 708 (d) THE OFFENDER IS TEN OR MORE YEARS OF AGE OLDER THAN 710 THE OTHER PERSON, AND THE OTHER PERSON IS THIRTEEN YEARS OF AGE 711 OR OLDER BUT LESS THAN SIXTEEN YEARS OF AGE, WHETHER OR NOT THE 712 OFFENDER KNOWS THE AGE OF THE OTHER PERSON. 713 (e) The other person's ability to resist or consent is 716 substantially impaired because of a mental or physical condition 717 or because of advanced age, and the offender knows or has 718 reasonable cause to believe that the other person's ability to 719 resist or consent is substantially impaired because of a mental 720 or physical condition or because of advanced age. 721 (2) No person shall engage in sexual conduct with another 723 when the offender purposely compels the other person to submit by 724 force or threat of force. 725 (B) Whoever violates this section is guilty of rape, a 728 felony of the first degree. If the offender under division 729 (A)(1)(a) of this section substantially impairs the other 731 person's judgment or control by administering any controlled 732 substance described in section 3719.41 of the Revised Code to the 734 other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the offender shall be one 735 of the prison terms prescribed for a felony of the first degree 737 in section 2929.14 of the Revised Code that is not less than five 738 years. If the offender under division (A)(1)(b) of this section 740 purposely compels the victim to submit by force or threat of 742 force, whoever violates division (A)(1)(b) of this section shall 743 be imprisoned for life. (C) A victim need not prove physical resistance to the 745 offender in prosecutions under this section. 746 (D) Evidence of specific instances of the victim's sexual 748 activity, opinion evidence of the victim's sexual activity, and 749 reputation evidence of the victim's sexual activity shall not be 750 admitted under this section unless it involves evidence of the 751 origin of semen, pregnancy, or disease, or the victim's past 752 19 sexual activity with the offender, and only to the extent that 753 the court finds that the evidence is material to a fact at issue 754 in the case and that its inflammatory or prejudicial nature does 755 not outweigh its probative value. 756 Evidence of specific instances of the defendant's sexual 758 activity, opinion evidence of the defendant's sexual activity, 759 and reputation evidence of the defendant's sexual activity shall 760 not be admitted under this section unless it involves evidence of 761 the origin of semen, pregnancy, or disease, the defendant's past 762 sexual activity with the victim, or is admissible against the 763 defendant under section 2945.59 of the Revised Code, and only to 764 the extent that the court finds that the evidence is material to 765 a fact at issue in the case and that its inflammatory or 766 prejudicial nature does not outweigh its probative value. 767 (E) Prior to taking testimony or receiving evidence of any 769 sexual activity of the victim or the defendant in a proceeding 770 under this section, the court shall resolve the admissibility of 771 the proposed evidence in a hearing in chambers, which shall be 772 held at or before preliminary hearing and not less than three 773 days before trial, or for good cause shown during the trial. 774 (F) Upon approval by the court, the victim may be 776 represented by counsel in any hearing in chambers or other 777 proceeding to resolve the admissibility of evidence. If the 778 victim is indigent or otherwise is unable to obtain the services 779 of counsel, the court, upon request, may appoint counsel to 780 represent the victim without cost to the victim. 781 (G) It is not a defense to a charge under division (A)(2) 783 of this section that the offender and the victim were married or 784 were cohabiting at the time of the commission of the offense. 785 Sec. 2907.04. (A) No person who is eighteen years of age 794 or older shall engage in sexual conduct with another, who is not 795 the spouse of the offender, when the offender knows the other 796 person is thirteen years of age or older but less than sixteen 798 years of age, or the offender is reckless in that regard. 799 20 (B) Whoever violates this section is guilty ofcorruption801ofSEXUAL ASSAULT ON a minor, a felony of the fourth degree. If 803 the offender is less than four years older than the other person, 805corruption ofSEXUAL ASSAULT ON a minor is a misdemeanor of the 806 first degree. Section 2. That existing sections 2151.14, 2151.315, 808 2151.3511, 2907.02, and 2907.04 of the Revised Code are hereby 809 repealed.