As Passed by the House 2
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
CALVERT-CORBIN-ROMAN-WIDENER-MOTTLEY-CAREY-TERWILLEGER- 11
WILLIAMS-GRENDELL-BRADING-MYERS-METZGER-HOOPS-REDFERN- 12
FORD-STEVENS-SALERNO-JONES-ASLANIDES-KREBS-AMSTUTZ- 13
BUEHRER-TIBERI 14
_________________________________________________________________ 15
A B I L L
To amend sections 2151.14, 2151.315, 2151.3511, 17
2907.04, and 3319.311 of the Revised Code to 18
rename the offense of corruption of a minor as 19
the offense of unlawful sexual conduct with a 20
minor and to increase the penalties for that 21
offense when the offender previously has been 22
convicted of certain sex offenses or when the 23
offender is ten or more years of age older than 24
the victim of the offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 2151.14, 2151.315, 2151.3511, 28
2907.04, and 3319.311 of the Revised Code be amended to read as 30
follows:
Sec. 2151.14. (A) The chief probation officer, under the 39
direction of the juvenile judge, shall have charge of the work of 40
the probation department. The department shall make any 41
investigations that the judge directs, keep a written record of 42
the investigations, and submit the record to the judge or deal 43
with them as the judge directs. The department shall furnish to 44
any person placed on probation a statement of the conditions of 45
2
probation and shall instruct the person regarding them. The 46
department shall keep informed concerning the conduct and 48
condition of each person under its supervision and shall report 49
on their conduct and condition to the judge as the judge directs. 50
Each probation officer shall use all suitable methods to aid 51
persons on probation and to bring about improvement in their 52
conduct and condition. The department shall keep full records of 53
its work, keep accurate and complete accounts of money collected 54
from persons under its supervision, give receipts for the money, 55
and make reports on the money as the judge directs. 56
(B) Except as provided in division (C) or (D) of this 58
section, the reports and records of the department shall be 59
considered confidential information and shall not be made public. 60
A probation officer may serve the process of the court within or 61
without the county, make arrests without warrant upon reasonable 63
information or upon view of the violation of this chapter, detain 64
the person arrested pending the issuance of a warrant, and 65
perform any other duties, incident to the office, that the judge 66
directs. All sheriffs, deputy sheriffs, constables, marshals, 67
deputy marshals, chiefs of police, municipal corporation and 68
township police officers, and other peace officers shall render 69
assistance to probation officers in the performance of their 70
duties when requested to do so by any probation officer. 71
(C) When a complaint has been filed alleging that a child 73
is delinquent by reason of having committed an act that would 74
constitute a violation of section 2907.02, 2907.03, 2907.04, 75
2907.05, or 2907.06 of the Revised Code if committed by an adult 77
and the arresting authority, a court, or a probation officer 78
discovers that the child or a person whom the child caused to 79
engage in sexual activity, as defined in section 2907.01 of the 80
Revised Code, has a communicable disease, the arresting 81
authority, court, or probation officer immediately shall notify 82
the victim of the delinquent act of the nature of the disease. 83
(D)(1) In accordance with division (D)(2) of this section, 85
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subject to the limitation specified in division (D)(4) of this 86
section, and in connection with a disposition pursuant to section 87
2151.354 of the Revised Code when a child has been found to be an 88
unruly child, a disposition pursuant to section 2151.355 of the 89
Revised Code when a child has been found to be a delinquent 90
child, or a disposition pursuant to section 2151.356 of the 91
Revised Code when a child has been found to be a juvenile traffic 92
offender, the court may issue an order requiring boards of 93
education, governing bodies of chartered nonpublic schools, 94
public children services agencies, private child placing 95
agencies, probation departments, law enforcement agencies, and 96
prosecuting attorneys that have records related to the child in 97
question to provide copies of one or more specified records, or 98
specified information in one or more specified records, that the 99
individual or entity has with respect to the child to any of the 100
following individuals or entities that request the records in 101
accordance with division (D)(3)(a) of this section: 102
(a) The child; 104
(b) The attorney or guardian ad litem of the child; 106
(c) A parent, guardian, or custodian of the child; 108
(d) A prosecuting attorney; 110
(e) A board of education of a public school district; 112
(f) A probation department of a juvenile court; 114
(g) A public children services agency or private child 116
placing agency that has custody of the child, is providing 117
services to the child or the child's family, or is preparing a 118
social history or performing any other function for the juvenile 119
court;
(h) The department of youth services when the department 121
has custody of the child or is performing any services for the 122
child that are required by the juvenile court or by statute; 123
(i) The individual in control of a juvenile detention or 125
rehabilitation facility to which the child has been committed; 126
(j) An employee of the juvenile court that found the child 128
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to be an unruly child, a delinquent child, or a juvenile traffic 129
offender; 130
(k) Any other entity that has custody of the child or is 132
providing treatment, rehabilitation, or other services for the 133
child pursuant to a court order, statutory requirement, or other 134
arrangement. 135
(2) Any individual or entity listed in divisions (D)(1)(a) 137
to (k) of this section may file a motion with the court that 138
requests the court to issue an order as described in division 139
(D)(1) of this section. If such a motion is filed, the court 140
shall conduct a hearing on it. If at the hearing the movant 141
demonstrates a need for one or more specified records, or for 142
information in one or more specified records, related to the 143
child in question and additionally demonstrates the relevance of 144
the information sought to be obtained from those records, and if 145
the court determines that the limitation specified in division 146
(D)(4) of this section does not preclude the provision of a 147
specified record or specified information to the movant, then the 148
court may issue an order to a designated individual or entity to 149
provide the movant with copies of one or more specified records 150
or with specified information contained in one or more specified 151
records. 152
(3)(a) Any individual or entity that is authorized by an 154
order issued pursuant to division (D)(1) of this section to 155
obtain copies of one or more specified records, or specified 156
information, related to a particular child may file a written 157
request for copies of the records or for the information with any 158
individual or entity required by the order to provide copies of 159
the records or the information. The request shall be in writing, 160
describe the type of records or the information requested, 161
explain the need for the records or the information, and be 162
accompanied by a copy of the order. 163
(b) If an individual or entity that is required by an 165
order issued pursuant to division (D)(1) of this section to 166
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provide one or more specified records, or specified information, 167
related to a child receives a written request for the records or 168
information in accordance with division (D)(3)(a) of this 169
section, the individual or entity immediately shall comply with 170
the request to the extent it is able to do so, unless the 171
individual or entity determines that it is unable to comply with 172
the request because it is prohibited by law from doing so, or 173
unless the requesting individual or entity does not have 174
authority to obtain the requested records or information. If the 175
individual or entity determines that it is unable to comply with 176
the request, it shall file a motion with the court that issued 177
the order requesting the court to determine the extent to which 178
it is required to comply with the request for records or 179
information. Upon the filing of the motion, the court 180
immediately shall hold a hearing on the motion, determine the 181
extent to which the movant is required to comply with the request 182
for records or information, and issue findings of fact and 183
conclusions of law in support of its determination. The 184
determination of the court shall be final. If the court 185
determines that the movant is required to comply with the request 186
for records or information, it shall identify the specific 187
records or information that must be supplied to the individual or 188
entity that requested the records or information. 189
(c) If an individual or entity is required to provide 191
copies of one or more specified records pursuant to division (D) 192
of this section, the individual or entity may charge a fee for 193
the copies that does not exceed the cost of supplying them. 194
(4) Division (D) of this section does not require, 196
authorize, or permit the dissemination of any records or any 197
information contained in any records if the dissemination of the 198
records or information generally is prohibited by any provision 199
of the Revised Code and a specific provision of the Revised Code 200
does not specifically authorize or permit the dissemination of 201
the records or information pursuant to division (D) of this 202
6
section.
Sec. 2151.315. (A) As used in this section, "DNA 211
analysis" and "DNA specimen" have the same meanings as in section 212
109.573 of the Revised Code. 213
(B)(1) A child who is adjudicated a delinquent child for 215
committing an act listed in division (D) of this section and who 216
is committed to the custody of the department of youth services 217
or to a school, camp, institution, or other facility for 218
delinquent children described in division (A)(3) of section 219
2151.355 of the Revised Code shall submit to a DNA specimen 220
collection procedure administered by the director of youth
services if committed to the department or by the chief 221
administrative officer of the school, camp, institution, or other 222
facility for delinquent children to which the child was 223
committed. If the court commits the child to the department of 224
youth services, the director of youth services shall cause the 225
DNA specimen to be collected from the child during the intake 226
process at an institution operated by or under the control of the 227
department. If the court commits the child to a school, camp, 228
institution, or other facility for delinquent children, the chief 229
administrative officer of the school, camp, institution, or 230
facility to which the child is committed shall cause the DNA 232
specimen to be collected from the child during the intake process 233
for the school, camp, institution, or facility. In accordance 234
with division (C) of this section, the director or the chief 235
administrative officer shall cause the DNA specimen to be 238
forwarded to the bureau of criminal identification and 239
investigation no later than fifteen days after the date of the 240
collection of the DNA specimen. The DNA specimen shall be 241
collected from the child in accordance with division (C) of this 243
section.
(2) If a child is adjudicated a delinquent child for 245
committing an act listed in division (D) of this section, is 247
committed to the department of youth services or to a school, 249
7
camp, institution, or other facility for delinquent children, and 250
does not submit to a DNA specimen collection procedure pursuant 252
to division (B)(1) of this section, prior to the child's release 253
from the custody of the department of youth services or from the 254
custody of the school, camp, institution, or facility, the child 255
shall submit to, and the director of youth services or the chief 256
administrator of the school, camp, institution, or facility to 257
which the child is committed shall administer, a DNA specimen 258
collection procedure at the institution operated by or under the 259
control of the department of youth services or at the school, 260
camp, institution, or facility to which the child is committed. 261
In accordance with division (C) of this section, the director or 262
the chief administrative officer shall cause the DNA specimen to 265
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 266
collection of the DNA specimen. The DNA specimen shall be 267
collected in accordance with division (C) of this section. 268
(C) A physician, registered nurse, licensed practical 271
nurse, duly licensed clinical laboratory technician, or other 272
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 273
pursuant to division (B) of this section. No later than fifteen 274
days after the date of the collection of the DNA specimen, the 275
director of youth services or the chief administrative officer of 277
the school, camp, institution, or other facility for delinquent 278
children to which the child is committed shall cause the DNA 279
specimen to be forwarded to the bureau of criminal identification 281
and investigation in accordance with procedures established by 282
the superintendent of the bureau under division (H) of section 284
109.573 of the Revised Code. The bureau shall provide the 285
specimen vials, mailing tubes, labels, postage, and instruction 286
needed for the collection and forwarding of the DNA specimen to 288
the bureau.
(D) The director of youth services and the chief 290
8
administrative officer of a school, camp, institution, or other 291
facility for delinquent children shall cause a DNA specimen to be 292
collected in accordance with divisions (B) and (C) of this 293
section from each child in its custody who is adjudicated a 294
delinquent child for committing any of the following acts: 296
(1) A violation of section 2903.01, 2903.02, 2905.01, 298
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 300
Code;
(2) A violation of section 2907.12 of the Revised Code as 302
it existed prior to September 3, 1996; 303
(3) An attempt to commit a violation of section 2907.02, 305
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 307
violation of section 2907.12 of the Revised Code as it existed 308
prior to September 3, 1996; 309
(4) A violation of any law that arose out of the same 311
facts and circumstances and same act as did a charge against the 314
child of a violation of section 2903.01, 2903.02, 2905.01, 315
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 316
Code that previously was dismissed or amended or as did a charge 317
against the child of a violation of section 2907.12 of the 318
Revised Code as it existed prior to September 3, 1996, that 319
previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the 321
Revised Code that would have been a violation of section 2905.04 323
of the Revised Code as it existed prior to July 1, 1996, had the 324
violation been committed prior to that date.
(E) The director of youth services and the chief 326
administrative officer of a school, camp, institution, or other 327
facility for delinquent children is not required to comply with 328
this section until the superintendent of the bureau of criminal 330
identification and investigation gives agencies in the juvenile 331
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 334
is prepared to accept DNA specimens. 335
9
Sec. 2151.3511. (A)(1) As used in this section, "victim" 344
includes any of the following persons: 345
(a) A person who was a victim of a violation identified in 347
division (A)(2) of this section or an act that would be an 348
offense of violence if committed by an adult; 349
(b) A person against whom was directed any conduct that 351
constitutes, or that is an element of, a violation identified in 352
division (A)(2) of this section or an act that would be an 353
offense of violence if committed by an adult. 354
(2) In any proceeding in juvenile court involving a 357
complaint in which a child is charged with a violation of section 358
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 359
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 360
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or 362
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 363
a child who was less than thirteen years of age when the 364
complaint was filed, the juvenile judge, upon motion of an 366
attorney for the prosecution, shall order that the testimony of 367
the child victim be taken by deposition. The prosecution also 368
may request that the deposition be videotaped in accordance with 369
division (A)(3) of this section. The judge shall notify the 371
child victim whose deposition is to be taken, the prosecution, 372
and the attorney for the child who is charged with the violation 373
or act of the date, time, and place for taking the deposition. 374
The notice shall identify the child victim who is to be examined 376
and shall indicate whether a request that the deposition be 377
videotaped has been made. The child who is charged with the 378
violation or act shall have the right to attend the deposition 380
and the right to be represented by counsel. Depositions shall be 381
taken in the manner provided in civil cases, except that the 382
judge in the proceeding shall preside at the taking of the 383
deposition and shall rule at that time on any objections of the 384
prosecution or the attorney for the child charged with the 385
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violation or act. The prosecution and the attorney for the child 386
charged with the violation or act shall have the right, as at an 387
adjudication hearing, to full examination and cross-examination 388
of the child victim whose deposition is to be taken. If a 389
deposition taken under this division is intended to be offered as 390
evidence in the proceeding, it shall be filed in the juvenile 391
court in which the action is pending and is admissible in the 392
manner described in division (B) of this section. If a 393
deposition of a child victim taken under this division is 394
admitted as evidence at the proceeding under division (B) of this 395
section, the child victim shall not be required to testify in 396
person at the proceeding. However, at any time before the 397
conclusion of the proceeding, the attorney for the child charged 398
with the violation or act may file a motion with the judge 399
requesting that another deposition of the child victim be taken
because new evidence material to the defense of the child charged 400
has been discovered that the attorney for the child charged could 401
not with reasonable diligence have discovered prior to the taking 402
of the admitted deposition. Any motion requesting another 403
deposition shall be accompanied by supporting affidavits. Upon 405
the filing of the motion and affidavits, the court may order that 406
additional testimony of the child victim relative to the new 407
evidence be taken by another deposition. If the court orders the 408
taking of another deposition under this provision, the deposition 409
shall be taken in accordance with this division; if the admitted 410
deposition was a videotaped deposition taken in accordance with 411
division (A)(3) of this section, the new deposition also shall be 412
videotaped in accordance with that division, and, in other cases, 413
the new deposition may be videotaped in accordance with that 414
division.
(3) If the prosecution requests that a deposition to be 416
taken under division (A)(2) of this section be videotaped, the 418
juvenile judge shall order that the deposition be videotaped in
accordance with this division. If a juvenile judge issues an 420
11
order to video tape the deposition, the judge shall exclude from
the room in which the deposition is to be taken every person 422
except the child victim giving the testimony, the judge, one or 423
more interpreters if needed, the attorneys for the prosecution 424
and the child who is charged with the violation or act, any 425
person needed to operate the equipment to be used, one person 426
chosen by the child victim giving the deposition, and any person 427
whose presence the judge determines would contribute to the 428
welfare and well-being of the child victim giving the deposition. 429
The person chosen by the child victim shall not be a witness in 430
the proceeding and, both before and during the deposition, shall 432
not discuss the testimony of the child victim with any other 434
witness in the proceeding. To the extent feasible, any person 435
operating the recording equipment shall be restricted to a room 436
adjacent to the room in which the deposition is being taken, or 437
to a location in the room in which the deposition is being taken 438
that is behind a screen or mirror so that the person operating 439
the recording equipment can see and hear, but cannot be seen or 441
heard by, the child victim giving the deposition during the 442
deposition. The child who is charged with the violation or act 443
shall be permitted to observe and hear the testimony of the child 444
victim giving the deposition on a monitor, shall be provided with 445
an electronic means of immediate communication with the attorney 446
of the child who is charged with the violation or act during the 447
testimony, and shall be restricted to a location from which the 448
child who is charged with the violation or act cannot be seen or 451
heard by the child victim giving the deposition, except on a
monitor provided for that purpose. The child victim giving the 452
deposition shall be provided with a monitor on which the child 453
victim can observe, while giving testimony, the child who is 454
charged with the violation or act. The judge, at the judge's 456
discretion, may preside at the deposition by electronic means 458
from outside the room in which the deposition is to be taken; if 459
the judge presides by electronic means, the judge shall be 460
12
provided with monitors on which the judge can see each person in 462
the room in which the deposition is to be taken and with an 463
electronic means of communication with each person in that room, 464
and each person in the room shall be provided with a monitor on 466
which that person can see the judge and with an electronic means 467
of communication with the judge. A deposition that is videotaped 468
under this division shall be taken and filed in the manner 469
described in division (A)(2) of this section and is admissible in 471
the manner described in this division and division (B) of this 472
section, and, if a deposition that is videotaped under this 474
division is admitted as evidence at the proceeding, the child 475
victim shall not be required to testify in person at the 476
proceeding. No deposition videotaped under this division shall 477
be admitted as evidence at any proceeding unless division (B) of 478
this section is satisfied relative to the deposition and all of 479
the following apply relative to the recording: 480
(a) The recording is both aural and visual and is recorded 482
on film or videotape, or by other electronic means. 483
(b) The recording is authenticated under the Rules of 485
Evidence and the Rules of Criminal Procedure as a fair and 486
accurate representation of what occurred, and the recording is 487
not altered other than at the direction and under the supervision 488
of the judge in the proceeding. 489
(c) Each voice on the recording that is material to the 491
testimony on the recording or the making of the recording, as 492
determined by the judge, is identified. 493
(d) Both the prosecution and the child who is charged with 495
the violation or act are afforded an opportunity to view the 496
recording before it is shown in the proceeding. 497
(B)(1) At any proceeding in relation to which a deposition 499
was taken under division (A) of this section, the deposition or a 500
part of it is admissible in evidence upon motion of the 501
prosecution if the testimony in the deposition or the part to be 502
admitted is not excluded by the hearsay rule and if the 503
13
deposition or the part to be admitted otherwise is admissible 504
under the Rules of Evidence. For purposes of this division, 505
testimony is not excluded by the hearsay rule if the testimony is 506
not hearsay under Evidence Rule 801; if the testimony is within 507
an exception to the hearsay rule set forth in Evidence Rule 803; 508
if the child victim who gave the testimony is unavailable as a 509
witness, as defined in Evidence Rule 804, and the testimony is 510
admissible under that rule; or if both of the following apply: 511
(a) The child who is charged with the violation or act had 513
an opportunity and similar motive at the time of the taking of 514
the deposition to develop the testimony by direct, cross, or 515
redirect examination. 516
(b) The judge determines that there is reasonable cause to 518
believe that, if the child victim who gave the testimony in the 519
deposition were to testify in person at the proceeding, the child 520
victim would experience serious emotional trauma as a result of 521
the child victim's participation at the proceeding. 522
(2) Objections to receiving in evidence a deposition or a 524
part of it under division (B) of this section shall be made as 525
provided in civil actions. 526
(3) The provisions of divisions (A) and (B) of this 528
section are in addition to any other provisions of the Revised 529
Code, the Rules of Juvenile Procedure, the Rules of Criminal 530
Procedure, or the Rules of Evidence that pertain to the taking or 531
admission of depositions in a juvenile court proceeding and do 532
not limit the admissibility under any of those other provisions 534
of any deposition taken under division (A) of this section or 535
otherwise taken. 536
(C) In any proceeding in juvenile court involving a 538
complaint in which a child is charged with a violation listed in 539
division (A)(2) of this section or an act that would be an 541
offense of violence if committed by an adult and in which an
alleged victim of the violation or offense was a child who was 543
less than thirteen years of age when the complaint was filed, the 545
14
prosecution may file a motion with the juvenile judge requesting 546
the judge to order the testimony of the child victim to be taken 547
in a room other than the room in which the proceeding is being 548
conducted and be televised, by closed circuit equipment, into the 549
room in which the proceeding is being conducted to be viewed by 550
the child who is charged with the violation or act and any other 551
persons who are not permitted in the room in which the testimony 553
is to be taken but who would have been present during the 554
testimony of the child victim had it been given in the room in 555
which the proceeding is being conducted. Except for good cause 556
shown, the prosecution shall file a motion under this division at 557
least seven days before the date of the proceeding. The juvenile 559
judge may issue the order upon the motion of the prosecution 561
filed under this division, if the judge determines that the child 562
victim is unavailable to testify in the room in which the 563
proceeding is being conducted in the physical presence of the 564
child charged with the violation or act, due to one or more of 565
the reasons set forth in division (E) of this section. If a 566
juvenile judge issues an order of that nature, the judge shall 567
exclude from the room in which the testimony is to be taken every 569
person except a person described in division (A)(3) of this 570
section. The judge, at the judge's discretion, may preside 572
during the giving of the testimony by electronic means from 573
outside the room in which it is being given, subject to the 574
limitations set forth in division (A)(3) of this section. To the 576
extent feasible, any person operating the televising equipment 577
shall be hidden from the sight and hearing of the child victim 578
giving the testimony, in a manner similar to that described in 579
division (A)(3) of this section. The child who is charged with 581
the violation or act shall be permitted to observe and hear the 582
testimony of the child victim giving the testimony on a monitor, 583
shall be provided with an electronic means of immediate 584
communication with the attorney of the child who is charged with 585
the violation or act during the testimony, and shall be 586
15
restricted to a location from which the child who is charged with 587
the violation or act cannot be seen or heard by the child victim 588
giving the testimony, except on a monitor provided for that 589
purpose. The child victim giving the testimony shall be provided 590
with a monitor on which the child victim can observe, while 591
giving testimony, the child who is charged with the violation or 592
act.
(D) In any proceeding in juvenile court involving a 594
complaint in which a child is charged with a violation listed in 595
division (A)(2) of this section or an act that would be an 597
offense of violence if committed by an adult and in which an
alleged victim of the violation or offense was a child who was 599
less than thirteen years of age when the complaint was filed, the 601
prosecution may file a motion with the juvenile judge requesting 602
the judge to order the testimony of the child victim to be taken 603
outside of the room in which the proceeding is being conducted 604
and be recorded for showing in the room in which the proceeding 605
is being conducted before the judge, the child who is charged 606
with the violation or act, and any other persons who would have 607
been present during the testimony of the child victim had it been 608
given in the room in which the proceeding is being conducted. 609
Except for good cause shown, the prosecution shall file a motion 610
under this division at least seven days before the date of the 611
proceeding. The juvenile judge may issue the order upon the 613
motion of the prosecution filed under this division, if the judge 614
determines that the child victim is unavailable to testify in the 616
room in which the proceeding is being conducted in the physical 617
presence of the child charged with the violation or act, due to 618
one or more of the reasons set forth in division (E) of this 619
section. If a juvenile judge issues an order of that nature, the 620
judge shall exclude from the room in which the testimony is to be 622
taken every person except a person described in division (A)(3) 623
of this section. To the extent feasible, any person operating 624
the recording equipment shall be hidden from the sight and 625
16
hearing of the child victim giving the testimony, in a manner 626
similar to that described in division (A)(3) of this section. 627
The child who is charged with the violation or act shall be 628
permitted to observe and hear the testimony of the child victim 629
giving the testimony on a monitor, shall be provided with an 630
electronic means of immediate communication with the attorney of 631
the child who is charged with the violation or act during the 632
testimony, and shall be restricted to a location from which the 633
child who is charged with the violation or act cannot be seen or 635
heard by the child victim giving the testimony, except on a
monitor provided for that purpose. The child victim giving the 636
testimony shall be provided with a monitor on which the child 637
victim can observe, while giving testimony, the child who is 638
charged with the violation or act. No order for the taking of 639
testimony by recording shall be issued under this division unless 640
the provisions set forth in divisions (A)(3)(a), (b), (c), and 641
(d) of this section apply to the recording of the testimony. 643
(E) For purposes of divisions (C) and (D) of this section, 645
a juvenile judge may order the testimony of a child victim to be 646
taken outside of the room in which a proceeding is being 647
conducted if the judge determines that the child victim is 648
unavailable to testify in the room in the physical presence of 649
the child charged with the violation or act due to one or more of 650
the following circumstances: 651
(1) The persistent refusal of the child victim to testify 653
despite judicial requests to do so; 654
(2) The inability of the child victim to communicate about 656
the alleged violation or offense because of extreme fear, failure 657
of memory, or another similar reason; 658
(3) The substantial likelihood that the child victim will 660
suffer serious emotional trauma from so testifying. 661
(F)(1) If a juvenile judge issues an order pursuant to 663
division (C) or (D) of this section that requires the testimony 664
of a child victim in a juvenile court proceeding to be taken 665
17
outside of the room in which the proceeding is being conducted, 666
the order shall specifically identify the child victim to whose 667
testimony it applies, the order applies only during the testimony 668
of the specified child victim, and the child victim giving the 669
testimony shall not be required to testify at the proceeding 670
other than in accordance with the order. The authority of a 671
judge to close the taking of a deposition under division (A)(3) 673
of this section or a proceeding under division (C) or (D) of this 674
section is in addition to the authority of a judge to close a 675
hearing pursuant to section 2151.35 of the Revised Code. 676
(2) A juvenile judge who makes any determination regarding 678
the admissibility of a deposition under divisions (A) and (B) of 679
this section, the videotaping of a deposition under division 680
(A)(3) of this section, or the taking of testimony outside of the 682
room in which a proceeding is being conducted under division (C) 683
or (D) of this section, shall enter the determination and 684
findings on the record in the proceeding. 685
Sec. 2907.04. (A) No person who is eighteen years of age 694
or older shall engage in sexual conduct with another, who is not 695
the spouse of the offender, when the offender knows the other 696
person is thirteen years of age or older but less than sixteen 698
years of age, or the offender is reckless in that regard. 699
(B) Whoever violates this section is guilty of corruption 701
of UNLAWFUL SEXUAL CONDUCT WITH a minor,. 702
(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(2), (3), 704
AND (4) OF THIS SECTION, UNLAWFUL SEXUAL CONDUCT WITH A MINOR IS 705
a felony of the fourth degree. If 706
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF 708
THIS SECTION, IF the offender is less than four years older than 711
the other person, corruption of UNLAWFUL SEXUAL CONDUCT WITH a 712
minor is a misdemeanor of the first degree. 713
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF 715
THIS SECTION, IF THE OFFENDER IS TEN OR MORE YEARS OLDER THAN THE 716
OTHER PERSON, UNLAWFUL SEXUAL CONDUCT WITH A MINOR IS A FELONY OF 717
18
THE THIRD DEGREE.
(4) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 719
PLEADED GUILTY TO A VIOLATION OF SECTION 2907.02, 2907.03, OR 720
2907.04 OF THE REVISED CODE OR A VIOLATION OF FORMER SECTION 721
2907.12 OF THE REVISED CODE, UNLAWFUL SEXUAL CONDUCT WITH A MINOR 722
IS A FELONY OF THE SECOND DEGREE. 723
Sec. 3319.311. (A) The state board of education, or the 732
superintendent of public instruction on behalf of the board, may 733
investigate any information received about a person that 734
reasonably appears to be a basis for action under section 3319.31 735
of the Revised Code. The board shall contract with the office of 736
the Ohio attorney general to conduct any investigation of that 737
nature. The board shall pay for the costs of the contract only 738
from moneys in the state board of education licensure fund 740
established under division (B) of section 3319.51 of the Revised
Code. All information obtained during an investigation is 741
confidential and is not a public record under section 149.43 of 742
the Revised Code. If an investigation is conducted under this 743
division regarding information received about a person and no 744
action is taken against the person under this section or section 746
3319.31 of the Revised Code within two years of the completion of 747
the investigation, all records of the investigation shall be 748
expunged.
(B) The superintendent of public instruction shall review 750
the results of each investigation of a person conducted under 751
division (A) of this section and shall determine, on behalf of 752
the state board, whether the results warrant initiating action 753
under section 3319.31 of the Revised Code. The superintendent 754
shall advise the board of such determination at a meeting of the 756
board. Within fourteen days of the next meeting of the board,
any member of the board may ask that the question of initiating 757
action under section 3319.31 of the Revised Code be placed on the 758
board's agenda for that next meeting. Prior to initiating that 759
action against any person, the person's name and any other 760
19
personally identifiable information shall remain confidential. 761
(C) The board shall take no action against a person under 764
section 3319.31 of the Revised Code without providing the person 765
with written notice of the charges and with an opportunity for a 766
hearing in accordance with Chapter 119. of the Revised Code. For 767
purposes of the hearing, the board, or the superintendent on 768
behalf of the board, may administer oaths, order the taking of 769
depositions, issue subpoenas, and compel the attendance of 770
witnesses and the production of books, accounts, papers, records, 771
documents, and testimony. The issuance of subpoenas under this 772
division may be by certified mail or personal delivery to the 773
person.
(D) The superintendent, on behalf of the board, may enter 776
into a consent agreement with a person against whom action is 777
being taken under section 3319.31 of the Revised Code. The board 778
may adopt rules governing the superintendent's action under this 779
division.
(E) The board automatically may suspend any license 782
without a prior hearing if the license holder is convicted of or 783
pleads guilty to one or more of the following offenses or a 784
violation of an ordinance of a municipal corporation or a law of 786
another state that is substantially comparable to one of the 787
following offenses: aggravated murder; murder; aggravated arson; 788
aggravated robbery; aggravated burglary; voluntary manslaughter; 789
felonious assault; kidnapping; rape; sexual battery; gross sexual 790
imposition; or corruption of UNLAWFUL SEXUAL CONDUCT WITH a 791
minor. A suspension under this division is effective on the date 793
of the conviction or guilty plea.
For a suspension under this division, the board, in 795
accordance with section 119.07 of the Revised Code, shall issue a 797
written order of suspension to the license holder by certified 798
mail or in person and shall afford the person a hearing upon 799
request. If the person does not request a hearing within the 800
time limits established by that section, the board shall enter a 801
20
final order revoking the person's license. An order of 802
suspension under this division is not subject to suspension by a 803
court during the pendency of an appeal filed under section 119.12 804
of the Revised Code. 805
An order of suspension under this division shall remain in 807
effect, unless reversed on appeal, until the final order of the 808
board, issued pursuant to this section and Chapter 119. of the 809
Revised Code, becomes effective. The board shall issue a final 810
order within sixty days of the date of an order of suspension 811
under this division or a hearing on an order of suspension, 813
whichever is later. If the board fails to issue a final order by 814
that deadline, the order of suspension is dissolved. No 815
dissolution of an order of suspension under this division shall 816
invalidate a subsequent final order of the board. 817
(F) No surrender of a license shall be effective until the 821
board takes action to accept the surrender unless the surrender 822
is pursuant to a consent agreement entered into under division 823
(D) of this section.
Section 2. That existing sections 2151.14, 2151.315, 825
2151.3511, 2907.04, and 3319.311 of the Revised Code are hereby 826
repealed.