As Reported by House Criminal Justice Committee           1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 502    5            

      1999-2000                                                    6            


     REPRESENTATIVES DePIERO-REDFERN-CLANCY-SCHURING-DISTEL-       8            

    HARTNETT-FLANNERY-VESPER-VAN VYVEN-PATTON-ALLEN-BRITTON-       9            

            PRINGLE-WOMER BENJAMIN-MYERS-TAYLOR-JERSE              10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 2950.01, 2950.03, 2950.04, and      13           

                2950.09 of the Revised Code to modify the Sex      14           

                Offender Registration and Notification Law         15           

                relative to procedures for adjudicating specified  16           

                imprisoned persons to be sexual predators.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 2950.01, 2950.03, 2950.04, and     20           

2950.09 of the Revised Code be amended to read as follows:         21           

      Sec. 2950.01.  As used in this chapter, unless the context   30           

clearly requires otherwise:                                        31           

      (A)  "Confinement" includes, but is not limited to, a        33           

community residential sanction imposed pursuant to section         34           

2929.16 of the Revised Code.                                                    

      (B)  "Habitual sex offender" means a person who is           37           

convicted of or pleads guilty to a sexually oriented offense and   38           

who previously has been convicted of or pleaded guilty to one or                

more sexually oriented offenses.                                   39           

      (C)  "Prosecutor" has the same meaning as in section         42           

2935.01 of the Revised Code.                                                    

      (D)  "Sexually oriented offense" means any of the following  44           

offenses:                                                          45           

      (1)  Regardless of the age of the victim of the offense, a   47           

violation of section 2907.02, 2907.03, or 2907.05 of the Revised   49           

Code;                                                                           

                                                          2      


                                                                 
      (2)  Any of the following offenses involving a minor, in     51           

the circumstances specified:                                       52           

      (a)  A violation of section 2905.01, 2905.02, 2905.03,       55           

2905.04, 2905.05, or 2907.04 of the Revised Code when the victim   56           

of the offense is under eighteen years of age;                                  

      (b)  A violation of section 2907.21 of the Revised Code      59           

when the person who is compelled, induced, procured, encouraged,   60           

solicited, requested, or facilitated to engage in, paid or agreed  61           

to be paid for, or allowed to engage in the sexual activity in     62           

question is under eighteen years of age;                           63           

      (c)  A violation of division (A)(1) or (3) of section        65           

2907.321 or 2907.322 of the Revised Code;                          67           

      (d)  A violation of division (A)(1) or (2) of section        69           

2907.323 of the Revised Code;                                      70           

      (e)  A violation of division (B)(5) of section 2919.22 of    73           

the Revised Code when the child who is involved in the offense is  74           

under eighteen years of age.                                       75           

      (3)  Regardless of the age of the victim of the offense, a   77           

violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the  78           

Revised Code, or of division (A) of section 2903.04 of the         80           

Revised Code, that is committed with a purpose to gratify the      82           

sexual needs or desires of the offender;                                        

      (4)  A sexually violent offense;                             84           

      (5)  A violation of any former law of this state that was    86           

substantially equivalent to any offense listed in division         87           

(D)(1), (2), (3), or (4) of this section;                          88           

      (6)  A violation of an existing or former municipal          90           

ordinance or law of another state or the United States, a          92           

violation under the law applicable in a military court, or a       93           

violation under the law applicable in an Indian tribal court that  94           

is or was substantially equivalent to any offense listed in        96           

division (D)(1), (2), (3), or (4) of this section;                              

      (7)  An attempt to commit, conspiracy to commit, or          98           

complicity in committing any offense listed in division (D)(1),    99           

                                                          3      


                                                                 
(2), (3), (4), (5), or (6) of this section.                        100          

      (E)  "Sexual predator" means a person who has been           103          

convicted of or pleaded guilty to committing a sexually oriented   104          

offense and is likely to engage in the future in one or more                    

sexually oriented offenses.                                        105          

      (F)  "Supervised release" means a release from a prison      107          

term, a term of imprisonment, or another type of confinement that  109          

satisfies either of the following conditions:                                   

      (1)  The release is on parole, a conditional pardon, or      111          

probation, under transitional control, or under a post-release     112          

control sanction, and it requires the person to report to or be    113          

supervised by a parole officer, probation officer, field officer,  114          

or another type of supervising officer.                                         

      (2)  The release is any type of release that is not          116          

described in division (F)(1) of this section and that requires     117          

the person to report to or be supervised by a probation officer,   118          

a parole officer, a field officer, or another type of supervising  119          

officer.                                                                        

      (G)  An offender is "adjudicated as being a sexual           121          

predator" if any of the following applies:                         122          

      (1)  The offender is convicted of or pleads guilty to        124          

committing, on or after January 1, 1997, a sexually oriented       126          

offense that is a sexually violent offense and also is convicted   127          

of or pleads guilty to a sexually violent predator specification   129          

that was included in the indictment, count in the indictment, or   130          

information that charged the sexually violent offense.             131          

      (2)  Regardless of when the sexually oriented offense was    133          

committed, on or after the effective date of this section JANUARY  135          

1, 1997, the offender is sentenced for a sexually oriented         136          

offense, and the sentencing judge determines pursuant to division  137          

(B) of section 2950.09 of the Revised Code that the offender is a  138          

sexual predator.                                                   139          

      (3)  Prior to January 1, 1997, the offender was convicted    143          

of or pleaded guilty to, and was sentenced for, a sexually         144          

                                                          4      


                                                                 
oriented offense, the offender is imprisoned in a state            145          

correctional institution on or after January 1, 1997, and, prior   147          

to the offender's release from imprisonment, the court determines  148          

pursuant to division (C) of section 2950.09 of the Revised Code    149          

that the offender is a sexual predator.                            150          

      (4)  Regardless of when the sexually oriented offense was    152          

committed, the offender is convicted of or pleads guilty to, or    153          

has been convicted of or pleaded guilty to, a sexually oriented    154          

offense in another state or in a federal court, military court,    155          

or an Indian tribal court, as a result of that conviction or plea  156          

of guilty, the offender is required, under the law of the          157          

jurisdiction in which the offender was convicted or pleaded        158          

guilty, to register as a sex offender until the offender's death   159          

and to verify the offender's address on at least a quarterly                    

basis each year, and, on or after July 1, 1997, the offender       160          

moves to and resides in this state or temporarily is domiciled in  161          

this state for more than seven days, unless a court of common      162          

pleas determines that the offender is not a sexual predator        163          

pursuant to division (F) of section 2950.09 of the Revised Code.   164          

      (H)  "Sexually violent predator specification" and           166          

"sexually violent offense" have the same meanings as in section    168          

2971.01 of the Revised Code.                                                    

      (I)  "Post-release control sanction" and "transitional       170          

control" have the same meanings as in section 2967.01 of the       171          

Revised Code.                                                                   

      Sec. 2950.03.  (A)  Each person who has been convicted of,   180          

is convicted of, has pleaded guilty to, or pleads guilty to a      181          

sexually oriented offense and who has a duty to register pursuant  182          

to section 2950.04 of the Revised Code shall be provided notice    183          

in accordance with this section of the offender's duty to          184          

register under that section, the offender's duty to provide        185          

notice of any change in the offender's residence address and to    187          

register the new residence address pursuant to section 2950.05 of  188          

the Revised Code, and the offender's duty to periodically verify   189          

                                                          5      


                                                                 
the offender's residence address pursuant to section 2950.06 of                 

the Revised Code.  The following official shall provide the        190          

notice to the offender at the following time:                      191          

      (1)  Regardless of when the offender committed the sexually  193          

oriented offense, if the offender is sentenced for the sexually    194          

oriented offense to a prison term, a term of imprisonment, or any  195          

other type of confinement, and if, on or after January 1, 1997,    197          

the offender is serving that term or is under that confinement,    198          

the official in charge of the jail, workhouse, state correctional  200          

institution, or other institution in which the offender serves                  

the prison term, term of imprisonment, or confinement, or a        201          

designee of that official, shall provide the notice to the         202          

offender at least ten days before the offender is released         204          

pursuant to any type of supervised release or at least ten days    205          

before the offender otherwise is released from the prison term,    206          

term of imprisonment, or confinement.                                           

      (2)  Regardless of when the offender committed the sexually  208          

oriented offense, if the offender is sentenced for that offense    209          

on or after January 1, 1997, and if division (A)(1) of this        211          

section does not apply, the judge shall provide the notice to the  213          

offender at the time of sentencing.                                             

      (3)  If the offender committed the sexually oriented         215          

offense prior to January 1, 1997, if neither division (A)(1) nor   218          

division (A)(2) of this section applies, and if, immediately       219          

prior to January 1, 1997, the offender was a habitual sex          221          

offender who was required to register under Chapter 2950. of the   222          

Revised Code, the chief of police or sheriff with whom the         223          

offender most recently registered under that chapter, in the       224          

circumstances described in this division, shall provide the        225          

notice to the offender.  If the offender has registered with a     226          

chief of police or sheriff under Chapter 2950. of the Revised      227          

Code as it existed prior to January 1, 1997, the chief of police   229          

or sheriff with whom the offender must MOST recently registered    230          

shall provide the notice to the offender as soon as possible       232          

                                                          6      


                                                                 
after January 1, 1997, as described in division (B)(1) of this     235          

section.  If the offender has not registered with a chief of       236          

police or sheriff under that chapter, the failure to register      237          

shall constitute a waiver by the offender of any right to notice   238          

under this section.  If an offender described in this division     239          

does not receive notice under this section, the offender is not    240          

relieved of the duty to register, the duty to provide notice of    241          

any change in residence address and to register the new residence  242          

address, and the duty to periodically verify the residence         243          

address, as described in division (A) of this section.             245          

      (4)  IF THE OFFENDER IS AN OFFENDER OF THE TYPE DESCRIBED    247          

IN DIVISION (A)(1) OF THIS SECTION AND IF, SUBSEQUENT TO RELEASE,  248          

THE OFFENDER IS ADJUDICATED AS BEING A SEXUAL PREDATOR PURSUANT    249          

TO DIVISION (C) OF SECTION 2950.09 OF THE REVISED CODE, THE JUDGE  251          

SHALL PROVIDE THE NOTICE TO THE OFFENDER AT THE TIME OF            252          

ADJUDICATION.                                                                   

      (B)(1)  The notice provided under division (A) of this       254          

section shall inform the offender of the offender's duty to        255          

register under section 2950.04 of the Revised Code, to notify the  256          

appropriate officials of a change in the offender's residence      257          

address and to register the new residence address in accordance    258          

with section 2950.05 of the Revised Code, and to periodically      259          

verify a residence address under section 2950.06 of the Revised    260          

Code.  The notice shall comport with the following:                261          

      (a)  If the notice is provided under division (A)(3) of      263          

this section, the notice shall be on a form that is prescribed by  264          

the bureau of criminal identification and investigation and that   265          

states the offender's duties to register, to register a new        266          

residence address, and to periodically verify a residence address  267          

and that, if the offender has any questions concerning these       268          

duties, the offender may contact the chief of police or sheriff    269          

who sent the form for an explanation of the duties.  If the        270          

offender appears in person before the chief of police or sheriff,  271          

the chief or sheriff shall provide the notice as described in      272          

                                                          7      


                                                                 
division (B)(1)(a) of this section, and all provisions of this     274          

section that apply regarding a notice provided by an official,     275          

official's designee, or judge in that manner shall be applicable.  276          

      (b)  If the notice is provided under division (A)(1) or,     278          

(2), OR (4) of this section, the official, official's designee,    280          

or judge shall require the offender to read and sign a form        281          

prescribed by the bureau of criminal identification and            282          

investigation, stating that the offender's duties to register, to  283          

register a new residence address, and to periodically verify a     284          

residence address have been explained to the offender.  If the     285          

offender is unable to read, the official, official's designee, or               

judge shall certify on the form that the official, designee, or    286          

judge specifically informed the offender of those duties and that  287          

the offender indicated an understanding of those duties.           288          

      (c)  For a ANY notice provided under division (A)(1), (2),   290          

or (3) of this section, the form used shall contain all of the     292          

information required by the bureau of criminal identification and               

investigation, including, but not limited to, a statement as to    294          

whether the offender has been adjudicated as being a sexual                     

predator relative to the sexually oriented offense in question, a  295          

statement as to whether the offender has been determined to be a   296          

habitual sex offender, an explanation of the periodic residence    298          

address verification process and of the frequency with which the   299          

offender will be required to verify the residence address under    300          

that process, and a statement that the offender must verify the    301          

residence address at the times specified under that process or                  

face criminal prosecution.                                         302          

      (d)  IF THE NOTICE IS PROVIDED UNDER DIVISION (A)(4) OF      304          

THIS SECTION, THE FORM ALSO SHALL INCLUDE A STATEMENT THAT THE     306          

NOTICE REPLACES ANY NOTICE PREVIOUSLY PROVIDED TO THE OFFENDER     307          

UNDER DIVISION (A)(1) OF THIS SECTION, A STATEMENT THAT THE        308          

OFFENDER'S DUTIES DESCRIBED IN THIS NOTICE SUPERSEDE THE DUTIES    309          

DESCRIBED IN THE PRIOR NOTICE, AND A STATEMENT NOTIFYING THE       310          

OFFENDER THAT, IF THE OFFENDER ALREADY HAS REGISTERED UNDER        311          

                                                          8      


                                                                 
SECTION 2950.04 OF THE REVISED CODE, THE OFFENDER MUST REGISTER    312          

AGAIN PURSUANT TO DIVISION (A)(6) OF THAT SECTION.                 313          

      (2)  After an offender described in division (A)(1) or,      316          

(2), OR (4) of this section has signed the form described in       317          

division (B)(1) of this section or the official, official's        319          

designee, or judge has certified on it that it has been explained               

to the offender and that the offender indicated an understanding   320          

of the duties indicated on it, the official, official's designee,  321          

or judge shall give one copy of the form to the offender, within   322          

three days shall send one copy of the form to the bureau of        323          

criminal identification and investigation in accordance with the   324          

procedures adopted pursuant to section 2950.13 of the Revised      325          

Code, and shall send one copy of the form to the sheriff of the    326          

county in which the offender expects to reside.  After a chief of  327          

police or sheriff has sent a form to an offender under division    328          

(A)(3) of this section, the chief or sheriff shall send a copy of  329          

the form to the bureau of criminal identification and              330          

investigation in accordance with the procedures adopted pursuant   331          

to section 2950.13 of the Revised Code.                            332          

      (C)  The official, official's designee, judge, chief of      335          

police, or sheriff who is required to provide notice to an                      

offender under division (A) of this section shall do all of the    336          

following:                                                                      

      (1)  If the notice is provided under division (A)(1) or,     338          

(2), OR (4) of this section, the official, designee, or judge      340          

shall determine the offender's name, identifying factors, and      341          

expected future residence address, shall obtain the offender's     342          

criminal history, and shall obtain a photograph and the            344          

fingerprints of the offender.  If the notice is provided by a      345          

judge under division (A)(2) OR (4) of this section, the sheriff    347          

shall provide the offender's criminal history to the judge.  The   348          

official, official's designee, or judge shall obtain this          349          

information and these items prior to giving the notice, except     350          

that a judge may give the notice prior to obtaining the            351          

                                                          9      


                                                                 
offender's criminal history.  Within three days after receiving    353          

this information and these items, the official, official's         354          

designee, or judge shall forward the information and items to the  355          

bureau of criminal identification and investigation in accordance  356          

with the forwarding procedures adopted pursuant to section         357          

2950.13 of the Revised Code and to the sheriff of the county in    359          

which the offender expects to reside.  If it has not already done               

so, the bureau of criminal identification and investigation shall  360          

forward a copy of the fingerprints and conviction data received    361          

under this division to the federal bureau of investigation.        362          

      (2)  If the notice is provided under division (A)(3) of      364          

this section, the chief of police or sheriff shall determine the   365          

offender's name, identifying factors, and residence address,       366          

shall obtain the offender's criminal history from the bureau of    367          

criminal identification and investigation, and, to the extent      368          

possible, shall obtain a photograph and the fingerprints of the    369          

offender.  Within three days after receiving this information and  370          

these items, the chief or sheriff shall forward the information    371          

and items to the bureau of criminal identification and             372          

investigation in accordance with the forwarding procedures         373          

adopted pursuant to section 2950.13 of the Revised Code and, in    374          

relation to a chief of police, to the sheriff of the county in     375          

which the offender resides.  If it has not already done so, the    376          

bureau of criminal identification and investigation shall forward  377          

a copy of the fingerprints and conviction data so received to the  378          

federal bureau of investigation.                                   379          

      Sec. 2950.04.  (A)  Each offender who is convicted of or     389          

pleads guilty to, or has been convicted of or pleaded guilty to,   390          

a sexually oriented offense and who is described in division       391          

(A)(1), (2), or (3) of this section shall register with the        392          

sheriff of the following applicable described county and at the    393          

following time:                                                                 

      (1)  Regardless of when the sexually oriented offense was    395          

committed, if the offender is sentenced for the sexually oriented  396          

                                                          10     


                                                                 
offense to a prison term, a term of imprisonment, or any other     397          

type of confinement and if, on or after July 1, 1997, the          400          

offender is released in any manner from the prison term, term of   401          

imprisonment, or confinement, within seven days of the offender's  402          

coming into any county in which the offender resides or            403          

temporarily is domiciled for more than seven days, the offender                 

shall register with the sheriff of that county.                    404          

      (2)  Regardless of when the sexually oriented offense was    406          

committed, if the offender is sentenced for a sexually oriented    407          

offense on or after July 1, 1997, and if division (A)(1) of this   409          

section does not apply, within seven days of the offender's        411          

coming into any county in which the offender resides or                         

temporarily is domiciled for more than seven days, the offender    412          

shall register with the sheriff of that county.                    413          

      (3)  If the sexually oriented offense was committed prior    415          

to July 1, 1997, if neither division (A)(1) nor division (A)(2)    418          

of this section applies, and if, immediately prior to July 1,      420          

1997, the offender was a habitual sex offender who was required    421          

to register under Chapter 2950. of the Revised Code, within seven  422          

days of the offender's coming into any county in which the         423          

offender resides or temporarily is domiciled for more than seven   424          

days, the offender shall register with the sheriff of that         425          

county.                                                            426          

      (4)  Regardless of when the sexually oriented offense was    428          

committed, if divisions (A)(1), (2), and (3) of this section do    430          

not apply, if the offender is convicted of or pleads guilty to a   431          

sexually oriented offense in another state or in a federal court,               

military court, or an Indian tribal court, if, on or after July    433          

1, 1997, the offender moves to and resides in this state or                     

temporarily is domiciled in this state for more than seven days,   434          

and if, at the time the offender moves to and resides in this      435          

state or temporarily is domiciled in this state for more than      436          

seven days, the offender has a duty to register as a sex offender  438          

under the law of that other jurisdiction as a result of the                     

                                                          11     


                                                                 
conviction or guilty plea, within seven days of the offender's     440          

coming into any county in which the offender resides or                         

temporarily is domiciled for more than seven days, the offender    441          

shall register with the sheriff of that county.                    442          

      (5)  Regardless of when the sexually oriented offense was    444          

committed, if divisions (A)(1), (2), and (3) of this section do    445          

not apply, if the offender is convicted of or pleads guilty to a   446          

sexually oriented offense in another state or in a federal court,  447          

military court, or an Indian tribal court, if, on or after July    448          

1, 1997, the offender is released from imprisonment or             449          

confinement imposed for that offense, and if, on or after July 1,  451          

1997, the offender moves to and resides in this state or           452          

temporarily is domiciled in this state for more than seven days,   453          

within seven days of the offender's coming into any county in      455          

which the offender resides or temporarily is domiciled for more    456          

than seven days the offender shall register with the sheriff of    457          

that county.  The duty to register as described in this division   458          

applies regardless of whether the offender, at the time of moving  460          

to and residing in this state or temporarily being domiciled in    461          

this state for more than seven days, has a duty to register as a   462          

sex offender under the law of the jurisdiction in which the        463          

conviction or guilty plea occurred.                                             

      (6)  IF DIVISION (A)(1) OF THIS SECTION APPLIES AND IF,      465          

SUBSEQUENT TO THE OFFENDER'S RELEASE, THE OFFENDER IS ADJUDICATED  467          

TO BE A SEXUAL PREDATOR UNDER DIVISION (C) OF SECTION 2950.09 OF   468          

THE REVISED CODE, THE OFFENDER SHALL REGISTER WITHIN SEVEN DAYS    470          

OF THE ADJUDICATION WITH THE SHERIFF OF THE COUNTY IN WHICH THE    471          

OFFENDER RESIDES OR TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN   472          

DAYS AND SHALL REGISTER WITH THE SHERIFF OF ANY COUNTY IN WHICH    473          

THE OFFENDER SUBSEQUENTLY RESIDES OR TEMPORARILY IS DOMICILED FOR  474          

MORE THAN SEVEN DAYS WITHIN SEVEN DAYS OF COMING INTO THAT         475          

COUNTY.                                                                         

      (B)  An offender who is required by division (A) of this     477          

section to register personally shall obtain from the sheriff or    478          

                                                          12     


                                                                 
from a designee of the sheriff a registration form that conforms   479          

to division (C) of this section, shall complete and sign the       481          

form, and shall return the completed form together with the                     

offender's photograph to the sheriff or the designee.  The         482          

sheriff or designee shall sign the form and indicate on the form   483          

the date on which it is so returned.  The registration required    484          

under this division is complete when the offender returns the      485          

form, containing the requisite information, photograph,                         

signatures, and date, to the sheriff or designee.                  486          

      (C)  The registration form to be used under divisions (A)    489          

and (B) of this section shall contain the current residence        490          

address of the offender who is registering, the name and address                

of the offender's employer, if the offender is employed at the     491          

time of registration or if the offender knows at the time of       492          

registration that the offender will be commencing employment with  493          

that employer subsequent to registration, and any other            494          

information required by the bureau of criminal identification and  495          

investigation and shall include the offender's photograph.                      

Additionally, if the offender has been adjudicated as being a      496          

sexual predator relative to the sexually oriented offense in       497          

question and the court has not subsequently determined pursuant    498          

to division (D) of section 2950.09 of the Revised Code that the    499          

offender no longer is a sexual predator or if the sentencing       500          

judge determined pursuant to division (C) of section 2950.09 of    501          

the Revised Code that the offender is a habitual sex offender,                  

the offender shall include on the signed, written registration     502          

form all of the following information:                             503          

      (1)  A specific declaration that the person has been         505          

adjudicated as being a sexual predator or has been determined to   506          

be a habitual sex offender, whichever is applicable;               507          

      (2)  If the offender has been adjudicated as being a sexual  509          

predator, the identification license plate number of each motor    510          

vehicle the offender owns and of each motor vehicle registered in  511          

the offender's name.                                                            

                                                          13     


                                                                 
      (D)  After an offender registers with a sheriff pursuant to  514          

this section, the sheriff shall forward the signed, written        515          

registration form and photograph to the bureau of criminal                      

identification and investigation in accordance with the            517          

forwarding procedures adopted pursuant to section 2950.13 of the   518          

Revised Code.  The bureau shall include the information and        519          

materials forwarded to it under this division in the state         520          

registry of sex offenders established and maintained under         521          

section 2950.13 of the Revised Code.                               522          

      (E)  No person who is required to register pursuant to       524          

divisions (A) and (B) of this section shall fail to register as    526          

required in accordance with those divisions or that division.                   

      (F)  An offender who is required to register pursuant to     528          

divisions (A) and (B) of this section shall register pursuant to   529          

this section for the period of time specified in section 2950.07   530          

of the Revised Code.                                                            

      Sec. 2950.09.  (A)  If a person is convicted of or pleads    539          

guilty to committing, on or after January 1, 1997, a sexually      542          

oriented offense that is a sexually violent offense and also is    543          

convicted of or pleads guilty to a sexually violent predator       544          

specification that was included in the indictment, count in the    545          

indictment, or information charging the sexually violent offense,  546          

the conviction of or plea of guilty to the specification           547          

automatically classifies the offender as a sexual predator for     548          

purposes of this chapter.  If a person is convicted of or pleads   549          

guilty to a sexually oriented offense in another state, or in a    550          

federal court, military court, or an Indian tribal court and if,   551          

as a result of that conviction or plea of guilty, the person is    552          

required, under the law of the jurisdiction in which the person    553          

was convicted or pleaded guilty, to register as a sex offender     554          

until the person's death and is required to verify the person's    555          

address on at least a quarterly basis each year, that conviction   556          

or plea of guilty automatically classifies the offender as a       557          

sexual predator for the purposes of this chapter, but the          558          

                                                          14     


                                                                 
offender may challenge that classification pursuant to division                 

(F) of this section.  In all other cases, a person who is          560          

convicted of or pleads guilty to, or has been convicted of or      561          

pleaded guilty to, a sexually oriented offense may be classified   562          

as a sexual predator for purposes of this chapter only in          563          

accordance with division (B) or (C) of this section.               564          

      (B)(1)  Regardless of when the sexually oriented offense     567          

was committed, if a person is to be sentenced on or after the      568          

effective date of this section JANUARY 1, 1997, for a sexually     570          

oriented offense that is not a sexually violent offense, or if a   571          

person is to be sentenced on or after January 1, 1997, for a       573          

sexually oriented offense that is a sexually violent offense and   574          

a sexually violent predator specification was not included in the  575          

indictment, count in the indictment, or information charging the   576          

sexually violent offense, the judge who is to impose sentence      577          

upon the offender shall conduct a hearing to determine whether     578          

the offender is a sexual predator.  The judge shall conduct the    579          

hearing prior to sentencing and, if the sexually oriented offense  580          

is a felony, may conduct it as part of the sentencing hearing      581          

required by section 2929.19 of the Revised Code.  The court shall  582          

give the offender and the prosecutor who prosecuted the offender   583          

for the sexually oriented offense notice of the date, time, and    584          

location of the hearing.  At the hearing, the offender and the                  

prosecutor shall have an opportunity to testify, present           586          

evidence, call and examine witnesses and expert witnesses, and     588          

cross-examine witnesses and expert witnesses regarding the         589          

determination as to whether the offender is a sexual predator.                  

The offender shall have the right to be represented by counsel     590          

and, if indigent, the right to have counsel appointed to           591          

represent the offender.                                            592          

      (2)  In making a determination under divisions (B)(1) and    594          

(3) of this section as to whether an offender is a sexual          595          

predator, the judge shall consider all relevant factors,           596          

including, but not limited to, all of the following:               597          

                                                          15     


                                                                 
      (a)  The offender's age;                                     599          

      (b)  The offender's prior criminal record regarding all      602          

offenses, including, but not limited to, all sexual offenses;                   

      (c)  The age of the victim of the sexually oriented offense  604          

for which sentence is to be imposed;                               605          

      (d)  Whether the sexually oriented offense for which         607          

sentence is to be imposed involved multiple victims;               608          

      (e)  Whether the offender used drugs or alcohol to impair    610          

the victim of the sexually oriented offense or to prevent the      611          

victim from resisting;                                             612          

      (f)  If the offender previously has been convicted of or     615          

pleaded guilty to any criminal offense, whether the offender                    

completed any sentence imposed for the prior offense and, if the   616          

prior offense was a sex offense or a sexually oriented offense,    617          

whether the offender participated in available programs for        618          

sexual offenders;                                                               

      (g)  Any mental illness or mental disability of the          620          

offender;                                                          621          

      (h)  The nature of the offender's sexual conduct, sexual     624          

contact, or interaction in a sexual context with the victim of                  

the sexually oriented offense and whether the sexual conduct,      625          

sexual contact, or interaction in a sexual context was part of a   626          

demonstrated pattern of abuse;                                     627          

      (i)  Whether the offender, during the commission of the      630          

sexually oriented offense for which sentence is to be imposed,                  

displayed cruelty or made one or more threats of cruelty;          631          

      (j)  Any additional behavioral characteristics that          633          

contribute to the offender's conduct.                              634          

      (3)  After reviewing all testimony and evidence presented    637          

at the hearing conducted under division (B)(1) of this section     638          

and the factors specified in division (B)(2) of this section, the  639          

judge shall determine by clear and convincing evidence whether                  

the offender is a sexual predator.  If the judge determines that   641          

the offender is not a sexual predator, the judge shall specify in               

                                                          16     


                                                                 
the offender's sentence and the judgment of conviction that        642          

contains the sentence that the judge has determined that the       643          

offender is not a sexual predator.  If the judge determines by     644          

clear and convincing evidence that the offender is a sexual        645          

predator, the judge shall specify in the offender's sentence and   646          

the judgment of conviction that contains the sentence that the     647          

judge has determined that the offender is a sexual predator and    648          

shall specify that the determination was pursuant to division (B)  650          

of this section.  The offender and the prosecutor who prosecuted   651          

the offender for the sexually oriented offense in question may     652          

appeal as a matter of right the judge's determination under this   653          

division as to whether the offender is, or is not, a sexual        654          

predator.                                                                       

      (4)  A hearing shall not be conducted under division (B) of  657          

this section regarding an offender if the sexually oriented                     

offense in question is a sexually violent offense and the          658          

indictment, count in the indictment, or information charging the   659          

offense also included a sexually violent predator specification.   660          

      (C)(1)  If a person was convicted of or pleaded guilty to a  662          

sexually oriented offense prior to January 1, 1997, if the person  664          

was not sentenced for the offense on or after January 1, 1997,     666          

and if, on or after January 1, 1997, the offender is serving a     668          

term of imprisonment in a state correctional institution, prior    669          

to the offender's release from the term of imprisonment, the       670          

department of rehabilitation and correction shall determine        672          

whether to recommend that the offender be adjudicated as being a   673          

sexual predator.  In making a determination under this division    674          

as to whether to recommend that the offender be adjudicated as     675          

being a sexual predator, the department shall consider all         676          

relevant factors, including, but not limited to, all of the        677          

factors specified in division (B)(2) of this section.  If the      678          

department determines that it will recommend that the offender be  680          

adjudicated as being a sexual predator, it immediately shall send  681          

the recommendation to the court that sentenced the offender and    682          

                                                          17     


                                                                 
shall enter its determination and recommendation in the            683          

offender's institutional record, and the court shall proceed in    684          

accordance with division (C)(2) of this section.                   685          

      (2)(a)  If, pursuant to division (C)(1) of this section,     687          

the department of rehabilitation and correction sends to a court   689          

a recommendation that an offender who has been convicted of or     690          

pleaded guilty to a sexually oriented offense be adjudicated as    691          

being a sexual predator, the court is not bound by the             692          

department's recommendation, and the court may conduct a hearing   693          

to determine whether the offender is a sexual predator.  The       694          

court may deny the recommendation and determine that the offender  695          

is not a sexual predator without a hearing but shall not make a    696          

determination that the offender is a sexual predator in any case   697          

without a hearing.  THE COURT MAY HOLD THE HEARING AND MAKE THE    699          

DETERMINATION PRIOR TO THE OFFENDER'S RELEASE FROM IMPRISONMENT    700          

OR AT ANY TIME WITHIN ONE YEAR FOLLOWING THE OFFENDER'S RELEASE    702          

FROM THAT IMPRISONMENT.  If the court determines without a         704          

hearing that the offender is not a sexual predator, it shall       705          

include its determination in the offender's institutional record   706          

and shall determine whether the offender previously has been       708          

convicted of or pleaded guilty to a sexually oriented offense      709          

other than the offense in relation to which the court determined                

that the offender is not a sexual predator.                        710          

      The court may make the determination as to whether the       712          

offender previously has been convicted of or pleaded guilty to a   713          

sexually oriented offense without a hearing, but, if the court     714          

determines that the offender previously has been convicted of or   715          

pleaded guilty to such an offense, it shall not impose a           716          

requirement that the offender be subject to the community          717          

notification provisions regarding the offender's place of          718          

residence that are contained in sections 2950.10 and 2950.11 of    719          

the Revised Code without a hearing.  The court may conduct a       721          

hearing to determine both whether the offender previously has      722          

been convicted of or pleaded guilty to a sexually oriented         723          

                                                          18     


                                                                 
offense and whether to impose a requirement that the offender be   724          

subject to the community notification provisions as described in   725          

this division, or may conduct a hearing solely to make the latter  726          

determination.  The court shall include in the offender's          727          

institutional record any determination made under this division    728          

as to whether the offender previously has been convicted of or     729          

pleaded guilty to a sexually oriented offense, and, as such,       730          

whether the offender is a habitual sex offender.                   731          

      (b)  If the court schedules a hearing under division         733          

(C)(2)(a) of this section, the court shall give the offender and   735          

the prosecutor who prosecuted the offender for the sexually        736          

oriented offense, or that prosecutor's successor in office,        737          

notice of the date, time, and place of the hearing.  If the        738          

hearing is to determine whether the offender is a sexual           739          

predator, it shall be conducted in the manner described in         740          

division (B)(1) of this section regarding hearings conducted       741          

under that division and, in making a determination under this      742          

division as to whether the offender is a sexual predator, the      743          

court shall consider all relevant factors, including, but not      744          

limited to, all of the factors specified in division (B)(2) of     745          

this section.  After reviewing all testimony and evidence          746          

presented at the sexual predator hearing and the factors           747          

specified in division (B)(2) of this section, the court shall      749          

determine by clear and convincing evidence whether the offender    750          

is a sexual predator.  If the court determines that the offender   751          

is not a sexual predator, it also shall determine whether the      752          

offender previously has been convicted of or pleaded guilty to a   753          

sexually oriented offense other than the offense in relation to    754          

which the hearing is being conducted.                              755          

      Upon making its determinations at the hearing, the court     757          

shall proceed as follows:                                          758          

      (i)  If the hearing is to determine whether the offender is  761          

a sexual predator, and if the court determines that the offender   763          

is not a sexual predator and that the offender previously has not  764          

                                                          19     


                                                                 
been convicted of or pleaded guilty to a sexually oriented                      

offense other than the offense in relation to which the hearing    765          

is being conducted, it shall include its determinations in the     767          

offender's institutional record.                                   768          

      (ii)  If the hearing is to determine whether the offender    770          

is a sexual predator, and if the court determines that the         771          

offender is not a sexual predator but that the offender            772          

previously has been convicted of or pleaded guilty to a sexually   773          

oriented offense other than the offense in relation to which the   774          

hearing is being conducted, it shall include its determination     775          

that the offender is not a sexual predator but is a habitual sex   776          

offender in the offender's institutional record, shall attach the  777          

determinations to the offender's sentence, shall specify that the  778          

determinations were pursuant to division (C) of this section,      780          

shall provide a copy of the determinations to the offender, to     781          

the prosecuting attorney, and to the department of rehabilitation  782          

and correction, and may impose a requirement that the offender be  784          

subject to the community notification provisions regarding the     785          

offender's place of residence that are contained in sections                    

2950.10 and 2950.11 of the Revised Code.  The offender shall not   787          

be subject to those community notification provisions relative to  789          

the sexually oriented offense in question if the court does not    790          

so impose the requirement described in this division.  If the      791          

court imposes those community notification provisions, the                      

offender may appeal the judge's determination that the offender    792          

is a habitual sex offender.                                        793          

      (iii)  If the hearing is to determine whether the offender   796          

previously has been convicted of or pleaded guilty to a sexually   797          

oriented offense other than the offense in relation to which the   798          

hearing is being conducted and whether to impose a requirement     799          

that the offender be subject to the specified community            800          

notification provisions, and if the court determines that the      801          

offender previously has been convicted of or pleaded guilty to     802          

such an offense, the court shall proceed as described in division  803          

                                                          20     


                                                                 
(C)(2)(b)(ii) of this section and may impose a community           804          

notification requirement as described in that division.  The       805          

offender shall not be subject to the specified community           806          

notification provisions relative to the sexually oriented offense  807          

in question if the court does not so impose the requirement        808          

described in that division.  If the court imposes those community  809          

notification provisions, the offender may appeal the judge's       810          

determination that the offender is a habitual sex offender.        812          

      (iv)  If the court determined without a hearing that the     815          

offender previously has been convicted of or pleaded guilty to a   816          

sexually oriented offense other than the offense in relation to    817          

which the court determined that the offender is not a sexual       818          

predator, and, as such, is a habitual sex offender, and the                     

hearing is solely to determine whether to impose a requirement     819          

that the offender be subject to the specified community            820          

notification provisions, after the hearing, the court may impose   821          

a community notification requirement as described in division      822          

(C)(2)(b)(ii) of this section.  The offender shall not be subject  824          

to the specified community notification provisions relative to     825          

the sexually oriented offense in question if the court does not    826          

so impose the requirement described in that division.  If the      827          

court imposes those community notification provisions, the         828          

offender may appeal the judge's determination that the offender    829          

is a habitual sex offender.                                        830          

      (v)  If the hearing is to determine whether the offender is  833          

a sexual predator, and if the court determines by clear and        834          

convincing evidence that the offender is a sexual predator, it     835          

shall enter its determination in the offender's institutional      836          

record, shall attach the determination to the offender's           837          

sentence, shall specify that the determination was pursuant to     838          

division (C) of this section, and shall provide a copy of the      840          

determination to the offender, to the prosecuting attorney, and    841          

to the department of rehabilitation and correction.  The offender  842          

and the prosecutor may appeal as a matter of right the judge's     843          

                                                          21     


                                                                 
determination under this division as to whether the offender is,   844          

or is not, a sexual predator.                                                   

      (D)(1)  Upon the expiration of the applicable period of      846          

time specified in division (D)(1)(a) or (b) of this section, an    848          

offender who has been convicted of or pleaded guilty to a                       

sexually oriented offense and who has been adjudicated as being a  850          

sexual predator relative to the sexually oriented offense in the   851          

manner described in division (B) or (C) of this section may        852          

petition the judge who made the determination that the offender    853          

was a sexual predator, or that judge's successor in office, to     854          

enter a determination that the offender no longer is a sexual                   

predator.  Upon the filing of the petition, the judge may review   856          

the prior sexual predator or determination that comprises the      857          

sexual SEXUALLY violent predator adjudication, and, upon           858          

consideration of all relevant evidence and information,            860          

including, but not limited to, the factors set forth in division   861          

(B)(2) of this section, either shall enter a determination that    862          

the offender no longer is a sexual predator or shall enter an      863          

order denying the petition.  The court shall not enter a           864          

determination under this division that the offender no longer is   865          

a sexual predator unless the court determines by clear and         866          

convincing evidence that the offender is unlikely to commit a      867          

sexually oriented offense in the future.  If the judge enters a    869          

determination under this division that the offender no longer is                

a sexual predator, the judge shall notify the bureau of criminal   871          

identification and investigation and the parole board of the       872          

determination.  Upon receipt of the notification, the bureau       873          

promptly shall notify the sheriff with whom the offender most      874          

recently registered under section 2950.04 or 2950.05 of the        875          

Revised Code of the determination that the offender no longer is   876          

a sexual predator.  If the judge enters an order denying the       877          

petition, the prior adjudication of the offender as a sexual       879          

predator shall remain in effect.  An offender determined to be a                

sexual predator in the manner described in division (B) or (C) of  881          

                                                          22     


                                                                 
this section may file a petition under this division after the                  

expiration of the following periods of time:                       882          

      (a)  Regardless of when the sexually oriented offense was    884          

committed, if, on or after January 1, 1997, the offender is        886          

imprisoned or sentenced to a prison term or other confinement for  888          

the sexually oriented offense in relation to which the             889          

determination was made, the offender initially may file the        890          

petition not earlier than one year prior to the offender's         891          

release from the imprisonment, prison term, or other confinement   892          

by discharge, parole, judicial release, or any other final         893          

release.  If the offender is sentenced on or after January 1,      895          

1997, for the sexually oriented offense in relation to which the   896          

determination is made and is not imprisoned or sentenced to a      897          

prison term or other confinement for the sexually oriented         898          

offense, the offender initially may file the petition upon the     899          

expiration of one year after the entry of the offender's judgment  900          

of conviction.                                                                  

      (b)  After the offender's initial filing of a petition       903          

under division (D)(1)(a) of this section, thereafter, an offender  904          

may file a petition under this division upon the expiration of     905          

five years after the court has entered an order denying the most                

recent petition the offender has filed under this division.        906          

      (2)  Except as otherwise provided in this division,          908          

division (D)(1) of this section does not apply to a person who is  909          

classified as a sexual predator pursuant to division (A) of this   910          

section.  If a person who is so classified was sentenced to a      911          

prison term pursuant to division (A)(3) of section 2971.03 of the  913          

Revised Code and if the sentencing court terminates the            914          

offender's prison term as provided in division (D) of section      915          

2971.05 of the Revised Code, the court's termination of the        916          

prison term automatically shall constitute a determination by the  917          

court that the offender no longer is a sexual predator.  If the    918          

court so terminates the offender's prison term, the court shall    919          

notify the bureau of criminal identification and investigation     920          

                                                          23     


                                                                 
and the parole board of the determination that the offender no     921          

longer is a sexual predator.  Upon receipt of the notification,    922          

the bureau promptly shall notify the sheriff with whom the         923          

offender most recently registered under section 2950.04 or         924          

2950.05 of the Revised Code that the offender no longer is a       926          

sexual predator.  If an offender who is classified as a sexual     927          

predator pursuant to division (A) of this section is released      928          

from prison pursuant to a pardon or commutation, the                            

classification of the offender as a sexual predator shall remain   929          

in effect after the offender's release, and the offender may file  930          

one or more petitions in accordance with the procedures and time   931          

limitations contained in division (D)(1) of this section for a     932          

determination that the offender no longer is a sexual predator.    933          

      (E)  If a person is convicted of or pleads guilty to         936          

committing, on or after January 1, 1997, a sexually oriented       938          

offense, the judge who is to impose sentence on the offender       939          

shall determine, prior to sentencing, whether the offender         940          

previously has been convicted of or pleaded guilty to a sexually   941          

oriented offense.  If the judge determines that the offender       942          

previously has not been convicted of or pleaded guilty to a        943          

sexually oriented offense, the judge shall specify in the          944          

offender's sentence that the judge has determined that the         945          

offender is not a habitual sex offender.  If the judge determines  946          

that the offender previously has been convicted of or pleaded      947          

guilty to a sexually oriented offense, the judge shall specify in  948          

the offender's sentence and the judgment of conviction that        949          

contains the sentence that the judge has determined that the       950          

offender is a habitual sex offender and may impose a requirement   951          

in that sentence and judgment of conviction that the offender be   952          

subject to the community notification provisions regarding the     953          

offender's place of residence that are contained in sections       954          

2950.10 and 2950.11 of the Revised Code.  Unless the habitual sex  956          

offender also has been adjudicated as being a sexual predator      957          

relative to the sexually oriented offense in question, the         958          

                                                          24     


                                                                 
offender shall not be subject to those community notification      959          

provisions if the court does not impose the requirement described  960          

in this division in the offender's sentence and the judgment of    961          

conviction.                                                                     

      (F)(1)  An offender classified as a sexual predator may      964          

petition the court of common pleas of the county in which the      965          

offender resides or temporarily is domiciled to enter a                         

determination that the offender is not an adjudicated sexual       967          

predator in this state for purposes of the sex offender            968          

registration requirements of this chapter or the community                      

notification provisions contained in sections 2950.10 and 2950.11  969          

of the Revised Code if all of the following apply:                 970          

      (a)  The offender was convicted of or pleaded guilty to a    972          

sexually oriented offense in another state or in a federal court,  973          

a military court, or an Indian tribal court.                       974          

      (b)  As a result of the conviction or plea of guilty         976          

described in division (F)(1)(a) of this section, the offender is   977          

required under the law of the jurisdiction under which the         978          

offender was convicted or pleaded guilty to register as a sex      979          

offender until the offender's death and is required to verify the  980          

offender's address on at least a quarterly basis each year.        981          

      (c)  The offender was automatically classified as a sexual   983          

predator under division (A) of this section in relation to the     984          

conviction or guilty plea described in division (F)(1)(a) of this  986          

section.                                                                        

      (2)  The court may enter a determination that the offender   988          

filing the petition described in division (F)(1) of this section   990          

is not an adjudicated sexual predator in this state for purposes                

of the sex offender registration requirements of this chapter or   991          

the community notification provisions contained in sections        992          

2950.10 and 2950.11 of the Revised Code only if the offender       993          

proves by clear and convincing evidence that the requirement of    994          

the other jurisdiction that the offender register as a sex         996          

offender until the offender's death and the requirement that the   997          

                                                          25     


                                                                 
offender verify the offender's address on at least a quarterly                  

basis each year is not substantially similar to a classification   998          

as a sexual predator for purposes of this chapter.                 999          

      Section 2.  That existing sections 2950.01, 2950.03,         1,001        

2950.04, and 2950.09 of the Revised Code are hereby repealed.      1,002