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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.