As Reported by the Senate Judiciary Committee             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-BUEHRER-     13           

                          SENATOR LATTA                            14           


_________________________________________________________________   16           

                          A   B I L L                                           

             To amend sections 2151.14, 2151.315, 2151.3511,       18           

                2907.04, and 3319.311 of the Revised Code to       19           

                rename the offense of corruption of a minor as     20           

                the offense of unlawful sexual conduct with a      21           

                minor and to increase the penalties for that       22           

                offense when the offender previously has been      23           

                convicted of certain sex offenses or when the      24           

                offender is ten or more years of age older than    25           

                the victim of the offense.                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 2151.14, 2151.315, 2151.3511,      29           

2907.04, and 3319.311 of the Revised Code be amended to read as    31           

follows:                                                                        

      Sec. 2151.14.  (A)  The chief probation officer, under the   40           

direction of the juvenile judge, shall have charge of the work of  41           

the probation department.  The department shall make any           42           

investigations that the judge directs, keep a written record of    43           

the investigations, and submit the record to the judge or deal     44           

with them as the judge directs.  The department shall furnish to   45           

any person placed on probation a statement of the conditions of    46           

                                                          2      


                                                                 
probation and shall instruct the person regarding them.  The       47           

department shall keep informed concerning the conduct and          49           

condition of each person under its supervision and shall report    50           

on their conduct and condition to the judge as the judge directs.  51           

Each probation officer shall use all suitable methods to aid       52           

persons on probation and to bring about improvement in their       53           

conduct and condition.  The department shall keep full records of  54           

its work, keep accurate and complete accounts of money collected   55           

from persons under its supervision, give receipts for the money,   56           

and make reports on the money as the judge directs.                57           

      (B)  Except as provided in division (C) or (D) of this       59           

section, the reports and records of the department shall be        60           

considered confidential information and shall not be made public.  61           

A probation officer may serve the process of the court within or   62           

without the county, make arrests without warrant upon reasonable   64           

information or upon view of the violation of this chapter, detain  65           

the person arrested pending the issuance of a warrant, and         66           

perform any other duties, incident to the office, that the judge   67           

directs.  All sheriffs, deputy sheriffs, constables, marshals,     68           

deputy marshals, chiefs of police, municipal corporation and       69           

township police officers, and other peace officers shall render    70           

assistance to probation officers in the performance of their       71           

duties when requested to do so by any probation officer.           72           

      (C)  When a complaint has been filed alleging that a child   74           

is delinquent by reason of having committed an act that would      75           

constitute a violation of section 2907.02, 2907.03, 2907.04,       76           

2907.05, or 2907.06 of the Revised Code if committed by an adult   78           

and the arresting authority, a court, or a probation officer       79           

discovers that the child or a person whom the child caused to      80           

engage in sexual activity, as defined in section 2907.01 of the    81           

Revised Code, has a communicable disease, the arresting            82           

authority, court, or probation officer immediately shall notify    83           

the victim of the delinquent act of the nature of the disease.     84           

      (D)(1)  In accordance with division (D)(2) of this section,  86           

                                                          3      


                                                                 
subject to the limitation specified in division (D)(4) of this     87           

section, and in connection with a disposition pursuant to section  88           

2151.354 of the Revised Code when a child has been found to be an  89           

unruly child, a disposition pursuant to section 2151.355 of the    90           

Revised Code when a child has been found to be a delinquent        91           

child, or a disposition pursuant to section 2151.356 of the        92           

Revised Code when a child has been found to be a juvenile traffic  93           

offender, the court may issue an order requiring boards of         94           

education, governing bodies of chartered nonpublic schools,        95           

public children services agencies, private child placing           96           

agencies, probation departments, law enforcement agencies, and     97           

prosecuting attorneys that have records related to the child in    98           

question to provide copies of one or more specified records, or    99           

specified information in one or more specified records, that the   100          

individual or entity has with respect to the child to any of the   101          

following individuals or entities that request the records in      102          

accordance with division (D)(3)(a) of this section:                103          

      (a)  The child;                                              105          

      (b)  The attorney or guardian ad litem of the child;         107          

      (c)  A parent, guardian, or custodian of the child;          109          

      (d)  A prosecuting attorney;                                 111          

      (e)  A board of education of a public school district;       113          

      (f)  A probation department of a juvenile court;             115          

      (g)  A public children services agency or private child      117          

placing agency that has custody of the child, is providing         118          

services to the child or the child's family, or is preparing a     119          

social history or performing any other function for the juvenile   120          

court;                                                                          

      (h)  The department of youth services when the department    122          

has custody of the child or is performing any services for the     123          

child that are required by the juvenile court or by statute;       124          

      (i)  The individual in control of a juvenile detention or    126          

rehabilitation facility to which the child has been committed;     127          

      (j)  An employee of the juvenile court that found the child  129          

                                                          4      


                                                                 
to be an unruly child, a delinquent child, or a juvenile traffic   130          

offender;                                                          131          

      (k)  Any other entity that has custody of the child or is    133          

providing treatment, rehabilitation, or other services for the     134          

child pursuant to a court order, statutory requirement, or other   135          

arrangement.                                                       136          

      (2)  Any individual or entity listed in divisions (D)(1)(a)  138          

to (k) of this section may file a motion with the court that       139          

requests the court to issue an order as described in division      140          

(D)(1) of this section.  If such a motion is filed, the court      141          

shall conduct a hearing on it.  If at the hearing the movant       142          

demonstrates a need for one or more specified records, or for      143          

information in one or more specified records, related to the       144          

child in question and additionally demonstrates the relevance of   145          

the information sought to be obtained from those records, and if   146          

the court determines that the limitation specified in division     147          

(D)(4) of this section does not preclude the provision of a        148          

specified record or specified information to the movant, then the  149          

court may issue an order to a designated individual or entity to   150          

provide the movant with copies of one or more specified records    151          

or with specified information contained in one or more specified   152          

records.                                                           153          

      (3)(a)  Any individual or entity that is authorized by an    155          

order issued pursuant to division (D)(1) of this section to        156          

obtain copies of one or more specified records, or specified       157          

information, related to a particular child may file a written      158          

request for copies of the records or for the information with any  159          

individual or entity required by the order to provide copies of    160          

the records or the information.  The request shall be in writing,  161          

describe the type of records or the information requested,         162          

explain the need for the records or the information, and be        163          

accompanied by a copy of the order.                                164          

      (b)  If an individual or entity that is required by an       166          

order issued pursuant to division (D)(1) of this section to        167          

                                                          5      


                                                                 
provide one or more specified records, or specified information,   168          

related to a child receives a written request for the records or   169          

information in accordance with division (D)(3)(a) of this          170          

section, the individual or entity immediately shall comply with    171          

the request to the extent it is able to do so, unless the          172          

individual or entity determines that it is unable to comply with   173          

the request because it is prohibited by law from doing so, or      174          

unless the requesting individual or entity does not have           175          

authority to obtain the requested records or information.  If the  176          

individual or entity determines that it is unable to comply with   177          

the request, it shall file a motion with the court that issued     178          

the order requesting the court to determine the extent to which    179          

it is required to comply with the request for records or           180          

information.  Upon the filing of the motion, the court             181          

immediately shall hold a hearing on the motion, determine the      182          

extent to which the movant is required to comply with the request  183          

for records or information, and issue findings of fact and         184          

conclusions of law in support of its determination.  The           185          

determination of the court shall be final.  If the court           186          

determines that the movant is required to comply with the request  187          

for records or information, it shall identify the specific         188          

records or information that must be supplied to the individual or  189          

entity that requested the records or information.                  190          

      (c)  If an individual or entity is required to provide       192          

copies of one or more specified records pursuant to division (D)   193          

of this section, the individual or entity may charge a fee for     194          

the copies that does not exceed the cost of supplying them.        195          

      (4)  Division (D) of this section does not require,          197          

authorize, or permit the dissemination of any records or any       198          

information contained in any records if the dissemination of the   199          

records or information generally is prohibited by any provision    200          

of the Revised Code and a specific provision of the Revised Code   201          

does not specifically authorize or permit the dissemination of     202          

the records or information pursuant to division (D) of this        203          

                                                          6      


                                                                 
section.                                                                        

      Sec. 2151.315.  (A)  As used in this section, "DNA           212          

analysis" and "DNA specimen" have the same meanings as in section  213          

109.573 of the Revised Code.                                       214          

      (B)(1)  A child who is adjudicated a delinquent child for    216          

committing an act listed in division (D) of this section and who   217          

is committed to the custody of the department of youth services    218          

or to a school, camp, institution, or other facility for           219          

delinquent children described in division (A)(3) of section        220          

2151.355 of the Revised Code shall submit to a DNA specimen        221          

collection procedure administered by the director of youth                      

services if committed to the department or by the chief            222          

administrative officer of the school, camp, institution, or other  223          

facility for delinquent children to which the child was            224          

committed.  If the court commits the child to the department of    225          

youth services, the director of youth services shall cause the     226          

DNA specimen to be collected from the child during the intake      227          

process at an institution operated by or under the control of the  228          

department.  If the court commits the child to a school, camp,     229          

institution, or other facility for delinquent children, the chief  230          

administrative officer of the school, camp, institution, or        231          

facility to which the child is committed shall cause the DNA       233          

specimen to be collected from the child during the intake process  234          

for the school, camp, institution, or facility.  In accordance     235          

with division (C) of this section, the director or the chief       236          

administrative officer shall cause the DNA specimen to be          239          

forwarded to the bureau of criminal identification and             240          

investigation no later than fifteen days after the date of the     241          

collection of the DNA specimen.  The DNA specimen shall be         242          

collected from the child in accordance with division (C) of this   244          

section.                                                                        

      (2)  If a child is adjudicated a delinquent child for        246          

committing an act listed in division (D) of this section, is       248          

committed to the department of youth services or to a school,      250          

                                                          7      


                                                                 
camp, institution, or other facility for delinquent children, and  251          

does not submit to a DNA specimen collection procedure pursuant    253          

to division (B)(1) of this section, prior to the child's release   254          

from the custody of the department of youth services or from the   255          

custody of the school, camp, institution, or facility, the child   256          

shall submit to, and the director of youth services or the chief   257          

administrator of the school, camp, institution, or facility to     258          

which the child is committed shall administer, a DNA specimen      259          

collection procedure at the institution operated by or under the   260          

control of the department of youth services or at the school,      261          

camp, institution, or facility to which the child is committed.    262          

In accordance with division (C) of this section, the director or   263          

the chief administrative officer shall cause the DNA specimen to   266          

be forwarded to the bureau of criminal identification and                       

investigation no later than fifteen days after the date of the     267          

collection of the DNA specimen.  The DNA specimen shall be         268          

collected in accordance with division (C) of this section.         269          

      (C)  A physician, registered nurse, licensed practical       272          

nurse, duly licensed clinical laboratory technician, or other      273          

qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          274          

pursuant to division (B) of this section.  No later than fifteen   275          

days after the date of the collection of the DNA specimen, the     276          

director of youth services or the chief administrative officer of  278          

the school, camp, institution, or other facility for delinquent    279          

children to which the child is committed shall cause the DNA       280          

specimen to be forwarded to the bureau of criminal identification  282          

and investigation in accordance with procedures established by     283          

the superintendent of the bureau under division (H) of section     285          

109.573 of the Revised Code.  The bureau shall provide the         286          

specimen vials, mailing tubes, labels, postage, and instruction    287          

needed for the collection and forwarding of the DNA specimen to    289          

the bureau.                                                                     

      (D)  The director of youth services and the chief            291          

                                                          8      


                                                                 
administrative officer of a school, camp, institution, or other    292          

facility for delinquent children shall cause a DNA specimen to be  293          

collected in accordance with divisions (B) and (C) of this         294          

section from each child in its custody who is adjudicated a        295          

delinquent child for committing any of the following acts:         297          

      (1)  A violation of section 2903.01, 2903.02, 2905.01,       299          

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      301          

Code;                                                                           

      (2)  A violation of section 2907.12 of the Revised Code as   303          

it existed prior to September 3, 1996;                             304          

      (3)  An attempt to commit a violation of section 2907.02,    306          

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    308          

violation of section 2907.12 of the Revised Code as it existed     309          

prior to September 3, 1996;                                        310          

      (4)  A violation of any law that arose out of the same       312          

facts and circumstances and same act as did a charge against the   315          

child of a violation of section 2903.01, 2903.02, 2905.01,         316          

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      317          

Code that previously was dismissed or amended or as did a charge   318          

against the child of a violation of section 2907.12 of the         319          

Revised Code as it existed prior to September 3, 1996, that        320          

previously was dismissed or amended;                                            

      (5)  A violation of section 2905.02 or 2919.23 of the        322          

Revised Code that would have been a violation of section 2905.04   324          

of the Revised Code as it existed prior to July 1, 1996, had the   325          

violation been committed prior to that date.                                    

      (E)  The director of youth services and the chief            327          

administrative officer of a school, camp, institution, or other    328          

facility for delinquent children is not required to comply with    329          

this section until the superintendent of the bureau of criminal    331          

identification and investigation gives agencies in the juvenile    332          

justice system, as defined in section 181.51 of the Revised Code,               

in the state official notification that the state DNA laboratory   335          

is prepared to accept DNA specimens.                               336          

                                                          9      


                                                                 
      Sec. 2151.3511.  (A)(1)  As used in this section, "victim"   345          

includes any of the following persons:                             346          

      (a)  A person who was a victim 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          

      (b)  A person against whom was directed any conduct that     352          

constitutes, or that is an element of, a violation identified in   353          

division (A)(2) of this section or an act that would be an         354          

offense of violence if committed by an adult.                      355          

      (2)  In any proceeding in juvenile court involving a         358          

complaint in which a child is charged with a violation of section  359          

2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,     360          

2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,     361          

2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or    363          

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   364          

a child who was less than thirteen years of age when the           365          

complaint was filed, the juvenile judge, upon motion of an         367          

attorney for the prosecution, shall order that the testimony of    368          

the child victim be taken by deposition.  The prosecution also     369          

may request that the deposition be videotaped in accordance with   370          

division (A)(3) of this section.  The judge shall notify the       372          

child victim whose deposition is to be taken, the prosecution,     373          

and the attorney for the child who is charged with the violation   374          

or act of the date, time, and place for taking the deposition.     375          

The notice shall identify the child victim who is to be examined   377          

and shall indicate whether a request that the deposition be        378          

videotaped has been made.  The child who is charged with the       379          

violation or act shall have the right to attend the deposition     381          

and the right to be represented by counsel.  Depositions shall be  382          

taken in the manner provided in civil cases, except that the       383          

judge in the proceeding shall preside at the taking of the         384          

deposition and shall rule at that time on any objections of the    385          

prosecution or the attorney for the child charged with the         386          

                                                          10     


                                                                 
violation or act.  The prosecution and the attorney for the child  387          

charged with the violation or act shall have the right, as at an   388          

adjudication hearing, to full examination and cross-examination    389          

of the child victim whose deposition is to be taken.  If a         390          

deposition taken under this division is intended to be offered as  391          

evidence in the proceeding, it shall be filed in the juvenile      392          

court in which the action is pending and is admissible in the      393          

manner described in division (B) of this section.  If a            394          

deposition of a child victim taken under this division is          395          

admitted as evidence at the proceeding under division (B) of this  396          

section, the child victim shall not be required to testify in      397          

person at the proceeding.  However, at any time before the         398          

conclusion of the proceeding, the attorney for the child charged   399          

with the violation or act may file a motion with the judge         400          

requesting that another deposition of the child victim be taken                 

because new evidence material to the defense of the child charged  401          

has been discovered that the attorney for the child charged could  402          

not with reasonable diligence have discovered prior to the taking  403          

of the admitted deposition.  Any motion requesting another         404          

deposition shall be accompanied by supporting affidavits.  Upon    406          

the filing of the motion and affidavits, the court may order that  407          

additional testimony of the child victim relative to the new       408          

evidence be taken by another deposition.  If the court orders the  409          

taking of another deposition under this provision, the deposition  410          

shall be taken in accordance with this division; if the admitted   411          

deposition was a videotaped deposition taken in accordance with    412          

division (A)(3) of this section, the new deposition also shall be  413          

videotaped in accordance with that division, and, in other cases,  414          

the new deposition may be videotaped in accordance with that       415          

division.                                                                       

      (3)  If the prosecution requests that a deposition to be     417          

taken under division (A)(2) of this section be videotaped, the     419          

juvenile judge shall order that the deposition be videotaped in                 

accordance with this division.  If a juvenile judge issues an      421          

                                                          11     


                                                                 
order to video tape the deposition, the judge shall exclude from                

the room in which the deposition is to be taken every person       423          

except the child victim giving the testimony, the judge, one or    424          

more interpreters if needed, the attorneys for the prosecution     425          

and the child who is charged with the violation or act, any        426          

person needed to operate the equipment to be used, one person      427          

chosen by the child victim giving the deposition, and any person   428          

whose presence the judge determines would contribute to the        429          

welfare and well-being of the child victim giving the deposition.  430          

The person chosen by the child victim shall not be a witness in    431          

the proceeding and, both before and during the deposition, shall   433          

not discuss the testimony of the child victim with any other       435          

witness in the proceeding.  To the extent feasible, any person     436          

operating the recording equipment shall be restricted to a room    437          

adjacent to the room in which the deposition is being taken, or    438          

to a location in the room in which the deposition is being taken   439          

that is behind a screen or mirror so that the person operating     440          

the recording equipment can see and hear, but cannot be seen or    442          

heard by, the child victim giving the deposition during the        443          

deposition.  The child who is charged with the violation or act    444          

shall be permitted to observe and hear the testimony of the child  445          

victim giving the deposition on a monitor, shall be provided with  446          

an electronic means of immediate communication with the attorney   447          

of the child who is charged with the violation or act during the   448          

testimony, and shall be restricted to a location from which the    449          

child who is charged with the violation or act cannot be seen or   452          

heard by the child victim giving the deposition, except on a                    

monitor provided for that purpose.  The child victim giving the    453          

deposition shall be provided with a monitor on which the child     454          

victim can observe, while giving testimony, the child who is       455          

charged with the violation or act.  The judge, at the judge's      457          

discretion, may preside at the deposition by electronic means      459          

from outside the room in which the deposition is to be taken; if   460          

the judge presides by electronic means, the judge shall be         461          

                                                          12     


                                                                 
provided with monitors on which the judge can see each person in   463          

the room in which the deposition is to be taken and with an        464          

electronic means of communication with each person in that room,   465          

and each person in the room shall be provided with a monitor on    467          

which that person can see the judge and with an electronic means   468          

of communication with the judge.  A deposition that is videotaped  469          

under this division shall be taken and filed in the manner         470          

described in division (A)(2) of this section and is admissible in  472          

the manner described in this division and division (B) of this     473          

section, and, if a deposition that is videotaped under this        475          

division is admitted as evidence at the proceeding, the child      476          

victim shall not be required to testify in person at the           477          

proceeding.  No deposition videotaped under this division shall    478          

be admitted as evidence at any proceeding unless division (B) of   479          

this section is satisfied relative to the deposition and all of    480          

the following apply relative to the recording:                     481          

      (a)  The recording is both aural and visual and is recorded  483          

on film or videotape, or by other electronic means.                484          

      (b)  The recording is authenticated under the Rules of       486          

Evidence and the Rules of Criminal Procedure as a fair and         487          

accurate representation of what occurred, and the recording is     488          

not altered other than at the direction and under the supervision  489          

of the judge in the proceeding.                                    490          

      (c)  Each voice on the recording that is material to the     492          

testimony on the recording or the making of the recording, as      493          

determined by the judge, is identified.                            494          

      (d)  Both the prosecution and the child who is charged with  496          

the violation or act are afforded an opportunity to view the       497          

recording before it is shown in the proceeding.                    498          

      (B)(1)  At any proceeding in relation to which a deposition  500          

was taken under division (A) of this section, the deposition or a  501          

part of it is admissible in evidence upon motion of the            502          

prosecution if the testimony in the deposition or the part to be   503          

admitted is not excluded by the hearsay rule and if the            504          

                                                          13     


                                                                 
deposition or the part to be admitted otherwise is admissible      505          

under the Rules of Evidence.  For purposes of this division,       506          

testimony is not excluded by the hearsay rule if the testimony is  507          

not hearsay under Evidence Rule 801; if the testimony is within    508          

an exception to the hearsay rule set forth in Evidence Rule 803;   509          

if the child victim who gave the testimony is unavailable as a     510          

witness, as defined in Evidence Rule 804, and the testimony is     511          

admissible under that rule; or if both of the following apply:     512          

      (a)  The child who is charged with the violation or act had  514          

an opportunity and similar motive at the time of the taking of     515          

the deposition to develop the testimony by direct, cross, or       516          

redirect examination.                                              517          

      (b)  The judge determines that there is reasonable cause to  519          

believe that, if the child victim who gave the testimony in the    520          

deposition were to testify in person at the proceeding, the child  521          

victim would experience serious emotional trauma as a result of    522          

the child victim's participation at the proceeding.                523          

      (2)  Objections to receiving in evidence a deposition or a   525          

part of it under division (B) of this section shall be made as     526          

provided in civil actions.                                         527          

      (3)  The provisions of divisions (A) and (B) of this         529          

section are in addition to any other provisions of the Revised     530          

Code, the Rules of Juvenile Procedure, the Rules of Criminal       531          

Procedure, or the Rules of Evidence that pertain to the taking or  532          

admission of depositions in a juvenile court proceeding and do     533          

not limit the admissibility under any of those other provisions    535          

of any deposition taken under division (A) of this section or      536          

otherwise taken.                                                   537          

      (C)  In any proceeding in juvenile court involving a         539          

complaint in which a child is charged with a violation listed in   540          

division (A)(2) of this section or an act that would be an         542          

offense of violence if committed by an adult and in which an                    

alleged victim of the violation or offense was a child who was     544          

less than thirteen years of age when the complaint was filed, the  546          

                                                          14     


                                                                 
prosecution may file a motion with the juvenile judge requesting   547          

the judge to order the testimony of the child victim to be taken   548          

in a room other than the room in which the proceeding is being     549          

conducted and be televised, by closed circuit equipment, into the  550          

room in which the proceeding is being conducted to be viewed by    551          

the child who is charged with the violation or act and any other   552          

persons who are not permitted in the room in which the testimony   554          

is to be taken but who would have been present during the          555          

testimony of the child victim had it been given in the room in     556          

which the proceeding is being conducted.  Except for good cause    557          

shown, the prosecution shall file a motion under this division at  558          

least seven days before the date of the proceeding.  The juvenile  560          

judge may issue the order upon the motion of the prosecution       562          

filed under this division, if the judge determines that the child  563          

victim is unavailable to testify in the room in which the          564          

proceeding is being conducted in the physical presence of the      565          

child charged with the violation or act, due to one or more of     566          

the reasons set forth in division (E) of this section.  If a       567          

juvenile judge issues an order of that nature, the judge shall     568          

exclude from the room in which the testimony is to be taken every  570          

person except a person described in division (A)(3) of this        571          

section.  The judge, at the judge's discretion, may preside        573          

during the giving of the testimony by electronic means from        574          

outside the room in which it is being given, subject to the        575          

limitations set forth in division (A)(3) of this section.  To the  577          

extent feasible, any person operating the televising equipment     578          

shall be hidden from the sight and hearing of the child victim     579          

giving the testimony, in a manner similar to that described in     580          

division (A)(3) of this section.  The child who is charged with    582          

the violation or act shall be permitted to observe and hear the    583          

testimony of the child victim giving the testimony on a monitor,   584          

shall be provided with an electronic means of immediate            585          

communication with the attorney of the child who is charged with   586          

the violation or act during the testimony, and shall be            587          

                                                          15     


                                                                 
restricted to a location from which the child who is charged with  588          

the violation or act cannot be seen or heard by the child victim   589          

giving the testimony, except on a monitor provided for that        590          

purpose.  The child victim giving the testimony shall be provided  591          

with a monitor on which the child victim can observe, while        592          

giving testimony, the child who is charged with the violation or   593          

act.                                                                            

      (D)  In any proceeding in juvenile court involving a         595          

complaint in which a child is charged with a violation listed in   596          

division (A)(2) of this section or an act that would be an         598          

offense of violence if committed by an adult and in which an                    

alleged victim of the violation or offense was a child who was     600          

less than thirteen years of age when the complaint was filed, the  602          

prosecution may file a motion with the juvenile judge requesting   603          

the judge to order the testimony of the child victim to be taken   604          

outside of the room in which the proceeding is being conducted     605          

and be recorded for showing in the room in which the proceeding    606          

is being conducted before the judge, the child who is charged      607          

with the violation or act, and any other persons who would have    608          

been present during the testimony of the child victim had it been  609          

given in the room in which the proceeding is being conducted.      610          

Except for good cause shown, the prosecution shall file a motion   611          

under this division at least seven days before the date of the     612          

proceeding.  The juvenile judge may issue the order upon the       614          

motion of the prosecution filed under this division, if the judge  615          

determines that the child victim is unavailable to testify in the  617          

room in which the proceeding is being conducted in the physical    618          

presence of the child charged with the violation or act, due to    619          

one or more of the reasons set forth in division (E) of this       620          

section.  If a juvenile judge issues an order of that nature, the  621          

judge shall exclude from the room in which the testimony is to be  623          

taken every person except a person described in division (A)(3)    624          

of this section.  To the extent feasible, any person operating     625          

the recording equipment shall be hidden from the sight and         626          

                                                          16     


                                                                 
hearing of the child victim giving the testimony, in a manner      627          

similar to that described in division (A)(3) of this section.      628          

The child who is charged with the violation or act shall be        629          

permitted to observe and hear the testimony of the child victim    630          

giving the testimony on a monitor, shall be provided with an       631          

electronic means of immediate communication with the attorney of   632          

the child who is charged with the violation or act during the      633          

testimony, and shall be restricted to a location from which the    634          

child who is charged with the violation or act cannot be seen or   636          

heard by the child victim giving the testimony, except on a                     

monitor provided for that purpose.  The child victim giving the    637          

testimony shall be provided with a monitor on which the child      638          

victim can observe, while giving testimony, the child who is       639          

charged with the violation or act.  No order for the taking of     640          

testimony by recording shall be issued under this division unless  641          

the provisions set forth in divisions (A)(3)(a), (b), (c), and     642          

(d) of this section apply to the recording of the testimony.       644          

      (E)  For purposes of divisions (C) and (D) of this section,  646          

a juvenile judge may order the testimony of a child victim to be   647          

taken outside of the room in which a proceeding is being           648          

conducted if the judge determines that the child victim is         649          

unavailable to testify in the room in the physical presence of     650          

the child charged with the violation or act due to one or more of  651          

the following circumstances:                                       652          

      (1)  The persistent refusal of the child victim to testify   654          

despite judicial requests to do so;                                655          

      (2)  The inability of the child victim to communicate about  657          

the alleged violation or offense because of extreme fear, failure  658          

of memory, or another similar reason;                              659          

      (3)  The substantial likelihood that the child victim will   661          

suffer serious emotional trauma from so testifying.                662          

      (F)(1)  If a juvenile judge issues an order pursuant to      664          

division (C) or (D) of this section that requires the testimony    665          

of a child victim in a juvenile court proceeding to be taken       666          

                                                          17     


                                                                 
outside of the room in which the proceeding is being conducted,    667          

the order shall specifically identify the child victim to whose    668          

testimony it applies, the order applies only during the testimony  669          

of the specified child victim, and the child victim giving the     670          

testimony shall not be required to testify at the proceeding       671          

other than in accordance with the order.  The authority of a       672          

judge to close the taking of a deposition under division (A)(3)    674          

of this section or a proceeding under division (C) or (D) of this  675          

section is in addition to the authority of a judge to close a      676          

hearing pursuant to section 2151.35 of the Revised Code.           677          

      (2)  A juvenile judge who makes any determination regarding  679          

the admissibility of a deposition under divisions (A) and (B) of   680          

this section, the videotaping of a deposition under division       681          

(A)(3) of this section, or the taking of testimony outside of the  683          

room in which a proceeding is being conducted under division (C)   684          

or (D) of this section, shall enter the determination and          685          

findings on the record in the proceeding.                          686          

      Sec. 2907.04.  (A)  No person who is eighteen years of age   695          

or older shall engage in sexual conduct with another, who is not   696          

the spouse of the offender, when the offender knows the other      697          

person is thirteen years of age or older but less than sixteen     699          

years of age, or the offender is reckless in that regard.          700          

      (B)  Whoever violates this section is guilty of corruption   702          

of UNLAWFUL SEXUAL CONDUCT WITH a minor,.                          703          

      (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(2), (3),  705          

AND (4) OF THIS SECTION, UNLAWFUL SEXUAL CONDUCT WITH A MINOR IS   706          

a felony of the fourth degree.  If                                 707          

      (2)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF      709          

THIS SECTION, IF the offender is less than four years older than   712          

the other person, corruption of UNLAWFUL SEXUAL CONDUCT WITH a     713          

minor is a misdemeanor of the first degree.                        714          

      (3)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF      716          

THIS SECTION, IF THE OFFENDER IS TEN OR MORE YEARS OLDER THAN THE  717          

OTHER PERSON, UNLAWFUL SEXUAL CONDUCT WITH A MINOR IS A FELONY OF  718          

                                                          18     


                                                                 
THE THIRD DEGREE.                                                               

      (4)  IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR     720          

PLEADED GUILTY TO A VIOLATION OF SECTION 2907.02, 2907.03, OR      721          

2907.04 OF THE REVISED CODE OR A VIOLATION OF FORMER SECTION       722          

2907.12 OF THE REVISED CODE, UNLAWFUL SEXUAL CONDUCT WITH A MINOR  723          

IS A FELONY OF THE SECOND DEGREE.                                  724          

      Sec. 3319.311.  (A)  The state board of education, or the    733          

superintendent of public instruction on behalf of the board, may   734          

investigate any information received about a person that           735          

reasonably appears to be a basis for action under section 3319.31  736          

of the Revised Code.  The board shall contract with the office of  737          

the Ohio attorney general to conduct any investigation of that     738          

nature.  The board shall pay for the costs of the contract only    739          

from moneys in the state board of education licensure fund         741          

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

Code.  All information obtained during an investigation is         742          

confidential and is not a public record under section 149.43 of    743          

the Revised Code.  If an investigation is conducted under this     744          

division regarding information received about a person and no      745          

action is taken against the person under this section or section   747          

3319.31 of the Revised Code within two years of the completion of  748          

the investigation, all records of the investigation shall be       749          

expunged.                                                                       

      (B)  The superintendent of public instruction shall review   751          

the results of each investigation of a person conducted under      752          

division (A) of this section and shall determine, on behalf of     753          

the state board, whether the results warrant initiating action     754          

under section 3319.31 of the Revised Code.  The superintendent     755          

shall advise the board of such determination at a meeting of the   757          

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

any member of the board may ask that the question of initiating    758          

action under section 3319.31 of the Revised Code be placed on the  759          

board's agenda for that next meeting.  Prior to initiating that    760          

action against any person, the person's name and any other         761          

                                                          19     


                                                                 
personally identifiable information shall remain confidential.     762          

      (C)  The board shall take no action against a person under   765          

section 3319.31 of the Revised Code without providing the person   766          

with written notice of the charges and with an opportunity for a   767          

hearing in accordance with Chapter 119. of the Revised Code.  For  768          

purposes of the hearing, the board, or the superintendent on       769          

behalf of the board, may administer oaths, order the taking of     770          

depositions, issue subpoenas, and compel the attendance of         771          

witnesses and the production of books, accounts, papers, records,  772          

documents, and testimony.  The issuance of subpoenas under this    773          

division may be by certified mail or personal delivery to the      774          

person.                                                                         

      (D)  The superintendent, on behalf of the board, may enter   777          

into a consent agreement with a person against whom action is      778          

being taken under section 3319.31 of the Revised Code.  The board  779          

may adopt rules governing the superintendent's action under this   780          

division.                                                                       

      (E)  The board automatically may suspend any license         783          

without a prior hearing if the license holder is convicted of or   784          

pleads guilty to one or more of the following offenses or a        785          

violation of an ordinance of a municipal corporation or a law of   787          

another state that is substantially comparable to one of the       788          

following offenses:  aggravated murder; murder; aggravated arson;  789          

aggravated robbery; aggravated burglary; voluntary manslaughter;   790          

felonious assault; kidnapping; rape; sexual battery; gross sexual  791          

imposition; or corruption of UNLAWFUL SEXUAL CONDUCT WITH a        792          

minor.  A suspension under this division is effective on the date  794          

of the conviction or guilty plea.                                               

      For a suspension under this division, the board, in          796          

accordance with section 119.07 of the Revised Code, shall issue a  798          

written order of suspension to the license holder by certified     799          

mail or in person and shall afford the person a hearing upon       800          

request.  If the person does not request a hearing within the      801          

time limits established by that section, the board shall enter a   802          

                                                          20     


                                                                 
final order revoking the person's license.  An order of            803          

suspension under this division is not subject to suspension by a   804          

court during the pendency of an appeal filed under section 119.12  805          

of the Revised Code.                                               806          

      An order of suspension under this division shall remain in   808          

effect, unless reversed on appeal, until the final order of the    809          

board, issued pursuant to this section and Chapter 119. of the     810          

Revised Code, becomes effective.  The board shall issue a final    811          

order within sixty days of the date of an order of suspension      812          

under this division or a hearing on an order of suspension,        814          

whichever is later.  If the board fails to issue a final order by  815          

that deadline, the order of suspension is dissolved.  No           816          

dissolution of an order of suspension under this division shall    817          

invalidate a subsequent final order of the board.                  818          

      (F)  No surrender of a license shall be effective until the  822          

board takes action to accept the surrender unless the surrender    823          

is pursuant to a consent agreement entered into under division     824          

(D) of this section.                                                            

      Section 2.  That existing sections 2151.14, 2151.315,        826          

2151.3511, 2907.04, and 3319.311 of the Revised Code are hereby    827          

repealed.