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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.