As Reported by House Criminal Justice Committee           1            

123rd General Assembly                                             4            

   Regular Session                          Sub. H.B. No. 442      5            

      1999-2000                                                    6            


    REPRESENTATIVES WINKLER-ALLEN-BRITTON-CATES-CLANCY-EVANS-      8            

      HARRIS-HARTNETT-JERSE-PRINGLE-SCHURING-TAYLOR-TIBERI-        9            

       TRAKAS-WILLAMOWSKI-DePIERO-ROBINSON-WOMER BENJAMIN          10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 2151.14, 2151.315, 2151.3511,       13           

                2907.04, and 3319.311 of the Revised Code to       14           

                rename the offense of corruption of a minor as     15           

                the offense of unlawful sexual conduct with a      16           

                minor and to increase the penalties for that       17           

                offense when the offender previously has been      18           

                convicted of certain sex offenses or when the      19           

                offender is ten or more years of age older than    20           

                the victim of the offense.                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 2151.14, 2151.315, 2151.3511,      24           

2907.04, and 3319.311 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           

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           

                                                          2      


                                                                 
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           

      (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           

                                                          3      


                                                                 
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          

      (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          

                                                          4      


                                                                 
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          

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          

                                                          5      


                                                                 
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          

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          

                                                          6      


                                                                 
      (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          

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          

                                                          7      


                                                                 
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.                                                                     

      (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          

                                                          8      


                                                                 
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          

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          

                                                          9      


                                                                 
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          

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          

                                                          10     


                                                                 
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                 

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          

                                                          11     


                                                                 
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          

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          

                                                          12     


                                                                 
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          

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          

                                                          13     


                                                                 
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          

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          

                                                          14     


                                                                 
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          

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          

                                                          15     


                                                                 
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          

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          

                                                          16     


                                                                 
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          

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          

                                                          17     


                                                                 
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. 2907.04.  (A)  No person who is eighteen years of age   690          

or older shall engage in sexual conduct with another, who is not   691          

the spouse of the offender, when the offender knows the other      692          

person is thirteen years of age or older but less than sixteen     694          

years of age, or the offender is reckless in that regard.          695          

      (B)  Whoever violates this section is guilty of corruption   697          

of UNLAWFUL SEXUAL CONDUCT WITH a minor,.                          698          

      (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(2), (3),  700          

AND (4) OF THIS SECTION, UNLAWFUL SEXUAL CONDUCT WITH A MINOR IS   701          

a felony of the fourth degree.  If                                 702          

      (2)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF      704          

THIS SECTION, IF the offender is less than four years older than   707          

the other person, corruption of UNLAWFUL SEXUAL CONDUCT WITH a     708          

minor is a misdemeanor of the first degree.                        709          

      (3)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF      711          

THIS SECTION, IF THE OFFENDER IS TEN OR MORE YEARS OLDER THAN THE  712          

OTHER PERSON, UNLAWFUL SEXUAL CONDUCT WITH A MINOR IS A FELONY OF  713          

THE THIRD DEGREE.                                                               

      (4)  IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR     715          

PLEADED GUILTY TO A VIOLATION OF SECTION 2907.02, 2907.03, OR      716          

2907.04 OF THE REVISED CODE OR A VIOLATION OF FORMER SECTION       717          

                                                          18     


                                                                 
2907.12 OF THE REVISED CODE, UNLAWFUL SEXUAL CONDUCT WITH A MINOR  718          

IS A FELONY OF THE SECOND DEGREE.                                  719          

      Sec. 3319.311.  (A)  The state board of education, or the    728          

superintendent of public instruction on behalf of the board, may   729          

investigate any information received about a person that           730          

reasonably appears to be a basis for action under section 3319.31  731          

of the Revised Code.  The board shall contract with the office of  732          

the Ohio attorney general to conduct any investigation of that     733          

nature.  The board shall pay for the costs of the contract only    734          

from moneys in the state board of education licensure fund         736          

established under division (B) of section 3319.51 of the Revised                

Code.  All information obtained during an investigation is         737          

confidential and is not a public record under section 149.43 of    738          

the Revised Code.  If an investigation is conducted under this     739          

division regarding information received about a person and no      740          

action is taken against the person under this section or section   742          

3319.31 of the Revised Code within two years of the completion of  743          

the investigation, all records of the investigation shall be       744          

expunged.                                                                       

      (B)  The superintendent of public instruction shall review   746          

the results of each investigation of a person conducted under      747          

division (A) of this section and shall determine, on behalf of     748          

the state board, whether the results warrant initiating action     749          

under section 3319.31 of the Revised Code.  The superintendent     750          

shall advise the board of such determination at a meeting of the   752          

board.  Within fourteen days of the next meeting of the board,                  

any member of the board may ask that the question of initiating    753          

action under section 3319.31 of the Revised Code be placed on the  754          

board's agenda for that next meeting.  Prior to initiating that    755          

action against any person, the person's name and any other         756          

personally identifiable information shall remain confidential.     757          

      (C)  The board shall take no action against a person under   760          

section 3319.31 of the Revised Code without providing the person   761          

with written notice of the charges and with an opportunity for a   762          

                                                          19     


                                                                 
hearing in accordance with Chapter 119. of the Revised Code.  For  763          

purposes of the hearing, the board, or the superintendent on       764          

behalf of the board, may administer oaths, order the taking of     765          

depositions, issue subpoenas, and compel the attendance of         766          

witnesses and the production of books, accounts, papers, records,  767          

documents, and testimony.  The issuance of subpoenas under this    768          

division may be by certified mail or personal delivery to the      769          

person.                                                                         

      (D)  The superintendent, on behalf of the board, may enter   772          

into a consent agreement with a person against whom action is      773          

being taken under section 3319.31 of the Revised Code.  The board  774          

may adopt rules governing the superintendent's action under this   775          

division.                                                                       

      (E)  The board automatically may suspend any license         778          

without a prior hearing if the license holder is convicted of or   779          

pleads guilty to one or more of the following offenses or a        780          

violation of an ordinance of a municipal corporation or a law of   782          

another state that is substantially comparable to one of the       783          

following offenses:  aggravated murder; murder; aggravated arson;  784          

aggravated robbery; aggravated burglary; voluntary manslaughter;   785          

felonious assault; kidnapping; rape; sexual battery; gross sexual  786          

imposition; or corruption of UNLAWFUL SEXUAL CONDUCT WITH a        787          

minor.  A suspension under this division is effective on the date  789          

of the conviction or guilty plea.                                               

      For a suspension under this division, the board, in          791          

accordance with section 119.07 of the Revised Code, shall issue a  793          

written order of suspension to the license holder by certified     794          

mail or in person and shall afford the person a hearing upon       795          

request.  If the person does not request a hearing within the      796          

time limits established by that section, the board shall enter a   797          

final order revoking the person's license.  An order of            798          

suspension under this division is not subject to suspension by a   799          

court during the pendency of an appeal filed under section 119.12  800          

of the Revised Code.                                               801          

                                                          20     


                                                                 
      An order of suspension under this division shall remain in   803          

effect, unless reversed on appeal, until the final order of the    804          

board, issued pursuant to this section and Chapter 119. of the     805          

Revised Code, becomes effective.  The board shall issue a final    806          

order within sixty days of the date of an order of suspension      807          

under this division or a hearing on an order of suspension,        809          

whichever is later.  If the board fails to issue a final order by  810          

that deadline, the order of suspension is dissolved.  No           811          

dissolution of an order of suspension under this division shall    812          

invalidate a subsequent final order of the board.                  813          

      (F)  No surrender of a license shall be effective until the  817          

board takes action to accept the surrender unless the surrender    818          

is pursuant to a consent agreement entered into under division     819          

(D) of this section.                                                            

      Section 2.  That existing sections 2151.14, 2151.315,        821          

2151.3511, 2907.04, and 3319.311 of the Revised Code are hereby    822          

repealed.