As Reported by the Senate Judiciary 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-SULLIVAN-D. MILLER- 10
VERICH-AMSTUTZ-TIBERI-LOGAN-MOTTLEY-GRENDELL-TERWILLEGER-CAREY- 11
STEVENS-FORD-BARRETT-PERRY-SALERNO-BARNES-GARDNER-OGG-GOODING- 12
BOYD-ROMAN-KRUPINSKI-DAMSCHRODER-WINKLER-JONES-WIDENER-HOOPS- 13
GERBERRY 14
_________________________________________________________________ 15
A B I L L
To amend sections 2950.01, 2950.03, 2950.04, and 17
2950.09 of the Revised Code to modify the Sex 18
Offender Registration and Notification Law 19
relative to procedures for adjudicating specified 20
imprisoned persons to be sexual predators.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2950.01, 2950.03, 2950.04, and 24
2950.09 of the Revised Code be amended to read as follows: 25
Sec. 2950.01. As used in this chapter, unless the context 34
clearly requires otherwise: 35
(A) "Confinement" includes, but is not limited to, a 37
community residential sanction imposed pursuant to section 38
2929.16 of the Revised Code.
(B) "Habitual sex offender" means a person who is 41
convicted of or pleads guilty to a sexually oriented offense and 42
who previously has been convicted of or pleaded guilty to one or
more sexually oriented offenses. 43
(C) "Prosecutor" has the same meaning as in section 46
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 48
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offenses: 49
(1) Regardless of the age of the victim of the offense, a 51
violation of section 2907.02, 2907.03, or 2907.05 of the Revised 53
Code;
(2) Any of the following offenses involving a minor, in 55
the circumstances specified: 56
(a) A violation of section 2905.01, 2905.02, 2905.03, 59
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 60
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 63
when the person who is compelled, induced, procured, encouraged, 64
solicited, requested, or facilitated to engage in, paid or agreed 65
to be paid for, or allowed to engage in the sexual activity in 66
question is under eighteen years of age; 67
(c) A violation of division (A)(1) or (3) of section 69
2907.321 or 2907.322 of the Revised Code; 71
(d) A violation of division (A)(1) or (2) of section 73
2907.323 of the Revised Code; 74
(e) A violation of division (B)(5) of section 2919.22 of 77
the Revised Code when the child who is involved in the offense is 78
under eighteen years of age. 79
(3) Regardless of the age of the victim of the offense, a 81
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 82
Revised Code, or of division (A) of section 2903.04 of the 84
Revised Code, that is committed with a purpose to gratify the 86
sexual needs or desires of the offender;
(4) A sexually violent offense; 88
(5) A violation of any former law of this state that was 90
substantially equivalent to any offense listed in division 91
(D)(1), (2), (3), or (4) of this section; 92
(6) A violation of an existing or former municipal 94
ordinance or law of another state or the United States, a 96
violation under the law applicable in a military court, or a 97
violation under the law applicable in an Indian tribal court that 98
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is or was substantially equivalent to any offense listed in 100
division (D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 102
complicity in committing any offense listed in division (D)(1), 103
(2), (3), (4), (5), or (6) of this section. 104
(E) "Sexual predator" means a person who has been 107
convicted of or pleaded guilty to committing a sexually oriented 108
offense and is likely to engage in the future in one or more
sexually oriented offenses. 109
(F) "Supervised release" means a release from a prison 111
term, a term of imprisonment, or another type of confinement that 113
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or 115
probation, under transitional control, or under a post-release 116
control sanction, and it requires the person to report to or be 117
supervised by a parole officer, probation officer, field officer, 118
or another type of supervising officer.
(2) The release is any type of release that is not 120
described in division (F)(1) of this section and that requires 121
the person to report to or be supervised by a probation officer, 122
a parole officer, a field officer, or another type of supervising 123
officer.
(G) An offender is "adjudicated as being a sexual 125
predator" if any of the following applies: 126
(1) The offender is convicted of or pleads guilty to 128
committing, on or after January 1, 1997, a sexually oriented 130
offense that is a sexually violent offense and also is convicted 131
of or pleads guilty to a sexually violent predator specification 133
that was included in the indictment, count in the indictment, or 134
information that charged the sexually violent offense. 135
(2) Regardless of when the sexually oriented offense was 137
committed, on or after the effective date of this section JANUARY 139
1, 1997, the offender is sentenced for a sexually oriented 140
offense, and the sentencing judge determines pursuant to division 141
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(B) of section 2950.09 of the Revised Code that the offender is a 142
sexual predator. 143
(3) Prior to January 1, 1997, the offender was convicted 147
of or pleaded guilty to, and was sentenced for, a sexually 148
oriented offense, the offender is imprisoned in a state 149
correctional institution on or after January 1, 1997, and, prior 151
to the offender's release from imprisonment, the court determines 152
pursuant to division (C) of section 2950.09 of the Revised Code 153
that the offender is a sexual predator. 154
(4) Regardless of when the sexually oriented offense was 156
committed, the offender is convicted of or pleads guilty to, or 157
has been convicted of or pleaded guilty to, a sexually oriented 158
offense in another state or in a federal court, military court, 159
or an Indian tribal court, as a result of that conviction or plea 160
of guilty, the offender is required, under the law of the 161
jurisdiction in which the offender was convicted or pleaded 162
guilty, to register as a sex offender until the offender's death 163
and to verify the offender's address on at least a quarterly
basis each year, and, on or after July 1, 1997, the offender 164
moves to and resides in this state or temporarily is domiciled in 165
this state for more than seven days, unless a court of common 166
pleas determines that the offender is not a sexual predator 167
pursuant to division (F) of section 2950.09 of the Revised Code. 168
(H) "Sexually violent predator specification" and 170
"sexually violent offense" have the same meanings as in section 172
2971.01 of the Revised Code.
(I) "Post-release control sanction" and "transitional 174
control" have the same meanings as in section 2967.01 of the 175
Revised Code.
Sec. 2950.03. (A) Each person who has been convicted of, 184
is convicted of, has pleaded guilty to, or pleads guilty to a 185
sexually oriented offense and who has a duty to register pursuant 186
to section 2950.04 of the Revised Code shall be provided notice 187
in accordance with this section of the offender's duty to 188
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register under that section, the offender's duty to provide 189
notice of any change in the offender's residence address and to 191
register the new residence address pursuant to section 2950.05 of 192
the Revised Code, and the offender's duty to periodically verify 193
the offender's residence address pursuant to section 2950.06 of
the Revised Code. The following official shall provide the 194
notice to the offender at the following time: 195
(1) Regardless of when the offender committed the sexually 197
oriented offense, if the offender is sentenced for the sexually 198
oriented offense to a prison term, a term of imprisonment, or any 199
other type of confinement, and if, on or after January 1, 1997, 201
the offender is serving that term or is under that confinement, 202
the official in charge of the jail, workhouse, state correctional 204
institution, or other institution in which the offender serves
the prison term, term of imprisonment, or confinement, or a 205
designee of that official, shall provide the notice to the 206
offender at least ten days before the offender is released 208
pursuant to any type of supervised release or at least ten days 209
before the offender otherwise is released from the prison term, 210
term of imprisonment, or confinement.
(2) Regardless of when the offender committed the sexually 212
oriented offense, if the offender is sentenced for that offense 213
on or after January 1, 1997, and if division (A)(1) of this 215
section does not apply, the judge shall provide the notice to the 217
offender at the time of sentencing.
(3) If the offender committed the sexually oriented 219
offense prior to January 1, 1997, if neither division (A)(1) nor 222
division (A)(2) of this section applies, and if, immediately 223
prior to January 1, 1997, the offender was a habitual sex 225
offender who was required to register under Chapter 2950. of the 226
Revised Code, the chief of police or sheriff with whom the 227
offender most recently registered under that chapter, in the 228
circumstances described in this division, shall provide the 229
notice to the offender. If the offender has registered with a 230
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chief of police or sheriff under Chapter 2950. of the Revised 231
Code as it existed prior to January 1, 1997, the chief of police 233
or sheriff with whom the offender must MOST recently registered 234
shall provide the notice to the offender as soon as possible 236
after January 1, 1997, as described in division (B)(1) of this 239
section. If the offender has not registered with a chief of 240
police or sheriff under that chapter, the failure to register 241
shall constitute a waiver by the offender of any right to notice 242
under this section. If an offender described in this division 243
does not receive notice under this section, the offender is not 244
relieved of the duty to register, the duty to provide notice of 245
any change in residence address and to register the new residence 246
address, and the duty to periodically verify the residence 247
address, as described in division (A) of this section. 249
(4) IF THE OFFENDER IS AN OFFENDER OF THE TYPE DESCRIBED 251
IN DIVISION (A)(1) OF THIS SECTION AND IF, SUBSEQUENT TO RELEASE, 252
THE OFFENDER IS ADJUDICATED AS BEING A SEXUAL PREDATOR PURSUANT 253
TO DIVISION (C) OF SECTION 2950.09 OF THE REVISED CODE, THE JUDGE 255
SHALL PROVIDE THE NOTICE TO THE OFFENDER AT THE TIME OF 256
ADJUDICATION.
(B)(1) The notice provided under division (A) of this 258
section shall inform the offender of the offender's duty to 259
register under section 2950.04 of the Revised Code, to notify the 260
appropriate officials of a change in the offender's residence 261
address and to register the new residence address in accordance 262
with section 2950.05 of the Revised Code, and to periodically 263
verify a residence address under section 2950.06 of the Revised 264
Code. The notice shall comport with the following: 265
(a) If the notice is provided under division (A)(3) of 267
this section, the notice shall be on a form that is prescribed by 268
the bureau of criminal identification and investigation and that 269
states the offender's duties to register, to register a new 270
residence address, and to periodically verify a residence address 271
and that, if the offender has any questions concerning these 272
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duties, the offender may contact the chief of police or sheriff 273
who sent the form for an explanation of the duties. If the 274
offender appears in person before the chief of police or sheriff, 275
the chief or sheriff shall provide the notice as described in 276
division (B)(1)(a) of this section, and all provisions of this 278
section that apply regarding a notice provided by an official, 279
official's designee, or judge in that manner shall be applicable. 280
(b) If the notice is provided under division (A)(1) or, 282
(2), OR (4) of this section, the official, official's designee, 284
or judge shall require the offender to read and sign a form 285
prescribed by the bureau of criminal identification and 286
investigation, stating that the offender's duties to register, to 287
register a new residence address, and to periodically verify a 288
residence address have been explained to the offender. If the 289
offender is unable to read, the official, official's designee, or
judge shall certify on the form that the official, designee, or 290
judge specifically informed the offender of those duties and that 291
the offender indicated an understanding of those duties. 292
(c) For a ANY notice provided under division (A)(1), (2), 294
or (3) of this section, the form used shall contain all of the 296
information required by the bureau of criminal identification and
investigation, including, but not limited to, a statement as to 298
whether the offender has been adjudicated as being a sexual
predator relative to the sexually oriented offense in question, a 299
statement as to whether the offender has been determined to be a 300
habitual sex offender, an explanation of the periodic residence 302
address verification process and of the frequency with which the 303
offender will be required to verify the residence address under 304
that process, and a statement that the offender must verify the 305
residence address at the times specified under that process or
face criminal prosecution. 306
(d) IF THE NOTICE IS PROVIDED UNDER DIVISION (A)(4) OF 308
THIS SECTION, THE FORM ALSO SHALL INCLUDE A STATEMENT THAT THE 310
NOTICE REPLACES ANY NOTICE PREVIOUSLY PROVIDED TO THE OFFENDER 311
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UNDER DIVISION (A)(1) OF THIS SECTION, A STATEMENT THAT THE 312
OFFENDER'S DUTIES DESCRIBED IN THIS NOTICE SUPERSEDE THE DUTIES 313
DESCRIBED IN THE PRIOR NOTICE, AND A STATEMENT NOTIFYING THE 314
OFFENDER THAT, IF THE OFFENDER ALREADY HAS REGISTERED UNDER 315
SECTION 2950.04 OF THE REVISED CODE, THE OFFENDER MUST REGISTER 316
AGAIN PURSUANT TO DIVISION (A)(6) OF THAT SECTION. 317
(2) After an offender described in division (A)(1) or, 320
(2), OR (4) of this section has signed the form described in 321
division (B)(1) of this section or the official, official's 323
designee, or judge has certified on it that it has been explained
to the offender and that the offender indicated an understanding 324
of the duties indicated on it, the official, official's designee, 325
or judge shall give one copy of the form to the offender, within 326
three days shall send one copy of the form to the bureau of 327
criminal identification and investigation in accordance with the 328
procedures adopted pursuant to section 2950.13 of the Revised 329
Code, and shall send one copy of the form to the sheriff of the 330
county in which the offender expects to reside. After a chief of 331
police or sheriff has sent a form to an offender under division 332
(A)(3) of this section, the chief or sheriff shall send a copy of 333
the form to the bureau of criminal identification and 334
investigation in accordance with the procedures adopted pursuant 335
to section 2950.13 of the Revised Code. 336
(C) The official, official's designee, judge, chief of 339
police, or sheriff who is required to provide notice to an
offender under division (A) of this section shall do all of the 340
following:
(1) If the notice is provided under division (A)(1) or, 342
(2), OR (4) of this section, the official, designee, or judge 344
shall determine the offender's name, identifying factors, and 345
expected future residence address, shall obtain the offender's 346
criminal history, and shall obtain a photograph and the 348
fingerprints of the offender. If the notice is provided by a 349
judge under division (A)(2) OR (4) of this section, the sheriff 351
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shall provide the offender's criminal history to the judge. The 352
official, official's designee, or judge shall obtain this 353
information and these items prior to giving the notice, except 354
that a judge may give the notice prior to obtaining the 355
offender's criminal history. Within three days after receiving 357
this information and these items, the official, official's 358
designee, or judge shall forward the information and items to the 359
bureau of criminal identification and investigation in accordance 360
with the forwarding procedures adopted pursuant to section 361
2950.13 of the Revised Code and to the sheriff of the county in 363
which the offender expects to reside. If it has not already done
so, the bureau of criminal identification and investigation shall 364
forward a copy of the fingerprints and conviction data received 365
under this division to the federal bureau of investigation. 366
(2) If the notice is provided under division (A)(3) of 368
this section, the chief of police or sheriff shall determine the 369
offender's name, identifying factors, and residence address, 370
shall obtain the offender's criminal history from the bureau of 371
criminal identification and investigation, and, to the extent 372
possible, shall obtain a photograph and the fingerprints of the 373
offender. Within three days after receiving this information and 374
these items, the chief or sheriff shall forward the information 375
and items to the bureau of criminal identification and 376
investigation in accordance with the forwarding procedures 377
adopted pursuant to section 2950.13 of the Revised Code and, in 378
relation to a chief of police, to the sheriff of the county in 379
which the offender resides. If it has not already done so, the 380
bureau of criminal identification and investigation shall forward 381
a copy of the fingerprints and conviction data so received to the 382
federal bureau of investigation. 383
Sec. 2950.04. (A) Each offender who is convicted of or 393
pleads guilty to, or has been convicted of or pleaded guilty to, 394
a sexually oriented offense and who is described in division 395
(A)(1), (2), or (3) of this section shall register with the 396
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sheriff of the following applicable described county and at the 397
following time:
(1) Regardless of when the sexually oriented offense was 399
committed, if the offender is sentenced for the sexually oriented 400
offense to a prison term, a term of imprisonment, or any other 401
type of confinement and if, on or after July 1, 1997, the 404
offender is released in any manner from the prison term, term of 405
imprisonment, or confinement, within seven days of the offender's 406
coming into any county in which the offender resides or 407
temporarily is domiciled for more than seven days, the offender
shall register with the sheriff of that county. 408
(2) Regardless of when the sexually oriented offense was 410
committed, if the offender is sentenced for a sexually oriented 411
offense on or after July 1, 1997, and if division (A)(1) of this 413
section does not apply, within seven days of the offender's 415
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender 416
shall register with the sheriff of that county. 417
(3) If the sexually oriented offense was committed prior 419
to July 1, 1997, if neither division (A)(1) nor division (A)(2) 422
of this section applies, and if, immediately prior to July 1, 424
1997, the offender was a habitual sex offender who was required 425
to register under Chapter 2950. of the Revised Code, within seven 426
days of the offender's coming into any county in which the 427
offender resides or temporarily is domiciled for more than seven 428
days, the offender shall register with the sheriff of that 429
county. 430
(4) Regardless of when the sexually oriented offense was 432
committed, if divisions (A)(1), (2), and (3) of this section do 434
not apply, if the offender is convicted of or pleads guilty to a 435
sexually oriented offense in another state or in a federal court,
military court, or an Indian tribal court, if, on or after July 437
1, 1997, the offender moves to and resides in this state or
temporarily is domiciled in this state for more than seven days, 438
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and if, at the time the offender moves to and resides in this 439
state or temporarily is domiciled in this state for more than 440
seven days, the offender has a duty to register as a sex offender 442
under the law of that other jurisdiction as a result of the
conviction or guilty plea, within seven days of the offender's 444
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender 445
shall register with the sheriff of that county. 446
(5) Regardless of when the sexually oriented offense was 448
committed, if divisions (A)(1), (2), and (3) of this section do 449
not apply, if the offender is convicted of or pleads guilty to a 450
sexually oriented offense in another state or in a federal court, 451
military court, or an Indian tribal court, if, on or after July 452
1, 1997, the offender is released from imprisonment or 453
confinement imposed for that offense, and if, on or after July 1, 455
1997, the offender moves to and resides in this state or 456
temporarily is domiciled in this state for more than seven days, 457
within seven days of the offender's coming into any county in 459
which the offender resides or temporarily is domiciled for more 460
than seven days the offender shall register with the sheriff of 461
that county. The duty to register as described in this division 462
applies regardless of whether the offender, at the time of moving 464
to and residing in this state or temporarily being domiciled in 465
this state for more than seven days, has a duty to register as a 466
sex offender under the law of the jurisdiction in which the 467
conviction or guilty plea occurred.
(6) IF DIVISION (A)(1) OF THIS SECTION APPLIES AND IF, 469
SUBSEQUENT TO THE OFFENDER'S RELEASE, THE OFFENDER IS ADJUDICATED 471
TO BE A SEXUAL PREDATOR UNDER DIVISION (C) OF SECTION 2950.09 OF 472
THE REVISED CODE, THE OFFENDER SHALL REGISTER WITHIN SEVEN DAYS 474
OF THE ADJUDICATION WITH THE SHERIFF OF THE COUNTY IN WHICH THE 475
OFFENDER RESIDES OR TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN 476
DAYS AND SHALL REGISTER WITH THE SHERIFF OF ANY COUNTY IN WHICH 477
THE OFFENDER SUBSEQUENTLY RESIDES OR TEMPORARILY IS DOMICILED FOR 478
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MORE THAN SEVEN DAYS WITHIN SEVEN DAYS OF COMING INTO THAT 479
COUNTY.
(B) An offender who is required by division (A) of this 481
section to register personally shall obtain from the sheriff or 482
from a designee of the sheriff a registration form that conforms 483
to division (C) of this section, shall complete and sign the 485
form, and shall return the completed form together with the
offender's photograph to the sheriff or the designee. The 486
sheriff or designee shall sign the form and indicate on the form 487
the date on which it is so returned. The registration required 488
under this division is complete when the offender returns the 489
form, containing the requisite information, photograph,
signatures, and date, to the sheriff or designee. 490
(C) The registration form to be used under divisions (A) 493
and (B) of this section shall contain the current residence 494
address of the offender who is registering, the name and address
of the offender's employer, if the offender is employed at the 495
time of registration or if the offender knows at the time of 496
registration that the offender will be commencing employment with 497
that employer subsequent to registration, and any other 498
information required by the bureau of criminal identification and 499
investigation and shall include the offender's photograph.
Additionally, if the offender has been adjudicated as being a 500
sexual predator relative to the sexually oriented offense in 501
question and the court has not subsequently determined pursuant 502
to division (D) of section 2950.09 of the Revised Code that the 503
offender no longer is a sexual predator or if the sentencing 504
judge determined pursuant to division (C) of section 2950.09 of 505
the Revised Code that the offender is a habitual sex offender,
the offender shall include on the signed, written registration 506
form all of the following information: 507
(1) A specific declaration that the person has been 509
adjudicated as being a sexual predator or has been determined to 510
be a habitual sex offender, whichever is applicable; 511
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(2) If the offender has been adjudicated as being a sexual 513
predator, the identification license plate number of each motor 514
vehicle the offender owns and of each motor vehicle registered in 515
the offender's name.
(D) After an offender registers with a sheriff pursuant to 518
this section, the sheriff shall forward the signed, written 519
registration form and photograph to the bureau of criminal
identification and investigation in accordance with the 521
forwarding procedures adopted pursuant to section 2950.13 of the 522
Revised Code. The bureau shall include the information and 523
materials forwarded to it under this division in the state 524
registry of sex offenders established and maintained under 525
section 2950.13 of the Revised Code. 526
(E) No person who is required to register pursuant to 528
divisions (A) and (B) of this section shall fail to register as 530
required in accordance with those divisions or that division.
(F) An offender who is required to register pursuant to 532
divisions (A) and (B) of this section shall register pursuant to 533
this section for the period of time specified in section 2950.07 534
of the Revised Code.
Sec. 2950.09. (A) If a person is convicted of or pleads 543
guilty to committing, on or after January 1, 1997, a sexually 546
oriented offense that is a sexually violent offense and also is 547
convicted of or pleads guilty to a sexually violent predator 548
specification that was included in the indictment, count in the 549
indictment, or information charging the sexually violent offense, 550
the conviction of or plea of guilty to the specification 551
automatically classifies the offender as a sexual predator for 552
purposes of this chapter. If a person is convicted of or pleads 553
guilty to a sexually oriented offense in another state, or in a 554
federal court, military court, or an Indian tribal court and if, 555
as a result of that conviction or plea of guilty, the person is 556
required, under the law of the jurisdiction in which the person 557
was convicted or pleaded guilty, to register as a sex offender 558
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until the person's death and is required to verify the person's 559
address on at least a quarterly basis each year, that conviction 560
or plea of guilty automatically classifies the offender as a 561
sexual predator for the purposes of this chapter, but the 562
offender may challenge that classification pursuant to division
(F) of this section. In all other cases, a person who is 564
convicted of or pleads guilty to, or has been convicted of or 565
pleaded guilty to, a sexually oriented offense may be classified 566
as a sexual predator for purposes of this chapter only in 567
accordance with division (B) or (C) of this section. 568
(B)(1) Regardless of when the sexually oriented offense 571
was committed, if a person is to be sentenced on or after the 572
effective date of this section JANUARY 1, 1997, for a sexually 574
oriented offense that is not a sexually violent offense, or if a 575
person is to be sentenced on or after January 1, 1997, for a 577
sexually oriented offense that is a sexually violent offense and 578
a sexually violent predator specification was not included in the 579
indictment, count in the indictment, or information charging the 580
sexually violent offense, the judge who is to impose sentence 581
upon the offender shall conduct a hearing to determine whether 582
the offender is a sexual predator. The judge shall conduct the 583
hearing prior to sentencing and, if the sexually oriented offense 584
is a felony, may conduct it as part of the sentencing hearing 585
required by section 2929.19 of the Revised Code. The court shall 586
give the offender and the prosecutor who prosecuted the offender 587
for the sexually oriented offense notice of the date, time, and 588
location of the hearing. At the hearing, the offender and the
prosecutor shall have an opportunity to testify, present 590
evidence, call and examine witnesses and expert witnesses, and 592
cross-examine witnesses and expert witnesses regarding the 593
determination as to whether the offender is a sexual predator.
The offender shall have the right to be represented by counsel 594
and, if indigent, the right to have counsel appointed to 595
represent the offender. 596
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(2) In making a determination under divisions (B)(1) and 598
(3) of this section as to whether an offender is a sexual 599
predator, the judge shall consider all relevant factors, 600
including, but not limited to, all of the following: 601
(a) The offender's age; 603
(b) The offender's prior criminal record regarding all 606
offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense 608
for which sentence is to be imposed; 609
(d) Whether the sexually oriented offense for which 611
sentence is to be imposed involved multiple victims; 612
(e) Whether the offender used drugs or alcohol to impair 614
the victim of the sexually oriented offense or to prevent the 615
victim from resisting; 616
(f) If the offender previously has been convicted of or 619
pleaded guilty to any criminal offense, whether the offender
completed any sentence imposed for the prior offense and, if the 620
prior offense was a sex offense or a sexually oriented offense, 621
whether the offender participated in available programs for 622
sexual offenders;
(g) Any mental illness or mental disability of the 624
offender; 625
(h) The nature of the offender's sexual conduct, sexual 628
contact, or interaction in a sexual context with the victim of
the sexually oriented offense and whether the sexual conduct, 629
sexual contact, or interaction in a sexual context was part of a 630
demonstrated pattern of abuse; 631
(i) Whether the offender, during the commission of the 634
sexually oriented offense for which sentence is to be imposed,
displayed cruelty or made one or more threats of cruelty; 635
(j) Any additional behavioral characteristics that 637
contribute to the offender's conduct. 638
(3) After reviewing all testimony and evidence presented 641
at the hearing conducted under division (B)(1) of this section 642
16
and the factors specified in division (B)(2) of this section, the 643
judge shall determine by clear and convincing evidence whether
the offender is a sexual predator. If the judge determines that 645
the offender is not a sexual predator, the judge shall specify in
the offender's sentence and the judgment of conviction that 646
contains the sentence that the judge has determined that the 647
offender is not a sexual predator. If the judge determines by 648
clear and convincing evidence that the offender is a sexual 649
predator, the judge shall specify in the offender's sentence and 650
the judgment of conviction that contains the sentence that the 651
judge has determined that the offender is a sexual predator and 652
shall specify that the determination was pursuant to division (B) 654
of this section. The offender and the prosecutor who prosecuted 655
the offender for the sexually oriented offense in question may 656
appeal as a matter of right the judge's determination under this 657
division as to whether the offender is, or is not, a sexual 658
predator.
(4) A hearing shall not be conducted under division (B) of 661
this section regarding an offender if the sexually oriented
offense in question is a sexually violent offense and the 662
indictment, count in the indictment, or information charging the 663
offense also included a sexually violent predator specification. 664
(C)(1) If a person was convicted of or pleaded guilty to a 666
sexually oriented offense prior to January 1, 1997, if the person 668
was not sentenced for the offense on or after January 1, 1997, 670
and if, on or after January 1, 1997, the offender is serving a 672
term of imprisonment in a state correctional institution, prior 673
to the offender's release from the term of imprisonment, the 674
department of rehabilitation and correction shall determine 676
whether to recommend that the offender be adjudicated as being a 677
sexual predator. In making a determination under this division 678
as to whether to recommend that the offender be adjudicated as 679
being a sexual predator, the department shall consider all 680
relevant factors, including, but not limited to, all of the 681
17
factors specified in division (B)(2) of this section. If the 682
department determines that it will recommend that the offender be 684
adjudicated as being a sexual predator, it immediately shall send 685
the recommendation to the court that sentenced the offender and 686
shall enter its determination and recommendation in the 687
offender's institutional record, and the court shall proceed in 688
accordance with division (C)(2) of this section. 689
(2)(a) If, pursuant to division (C)(1) of this section, 691
the department of rehabilitation and correction sends to a court 693
a recommendation that an offender who has been convicted of or 694
pleaded guilty to a sexually oriented offense be adjudicated as 695
being a sexual predator, the court is not bound by the 696
department's recommendation, and the court may conduct a hearing 697
to determine whether the offender is a sexual predator. The 698
court may deny the recommendation and determine that the offender 699
is not a sexual predator without a hearing but shall not make a 700
determination that the offender is a sexual predator in any case 701
without a hearing. THE COURT MAY HOLD THE HEARING AND MAKE THE 703
DETERMINATION PRIOR TO THE OFFENDER'S RELEASE FROM IMPRISONMENT 704
OR AT ANY TIME WITHIN ONE YEAR FOLLOWING THE OFFENDER'S RELEASE 706
FROM THAT IMPRISONMENT. If the court determines without a 708
hearing that the offender is not a sexual predator, it shall 709
include its determination in the offender's institutional record 710
and shall determine whether the offender previously has been 712
convicted of or pleaded guilty to a sexually oriented offense 713
other than the offense in relation to which the court determined
that the offender is not a sexual predator. 714
The court may make the determination as to whether the 716
offender previously has been convicted of or pleaded guilty to a 717
sexually oriented offense without a hearing, but, if the court 718
determines that the offender previously has been convicted of or 719
pleaded guilty to such an offense, it shall not impose a 720
requirement that the offender be subject to the community 721
notification provisions regarding the offender's place of 722
18
residence that are contained in sections 2950.10 and 2950.11 of 723
the Revised Code without a hearing. The court may conduct a 725
hearing to determine both whether the offender previously has 726
been convicted of or pleaded guilty to a sexually oriented 727
offense and whether to impose a requirement that the offender be 728
subject to the community notification provisions as described in 729
this division, or may conduct a hearing solely to make the latter 730
determination. The court shall include in the offender's 731
institutional record any determination made under this division 732
as to whether the offender previously has been convicted of or 733
pleaded guilty to a sexually oriented offense, and, as such, 734
whether the offender is a habitual sex offender. 735
(b) If the court schedules a hearing under division 737
(C)(2)(a) of this section, the court shall give the offender and 739
the prosecutor who prosecuted the offender for the sexually 740
oriented offense, or that prosecutor's successor in office, 741
notice of the date, time, and place of the hearing. If the 742
hearing is to determine whether the offender is a sexual 743
predator, it shall be conducted in the manner described in 744
division (B)(1) of this section regarding hearings conducted 745
under that division and, in making a determination under this 746
division as to whether the offender is a sexual predator, the 747
court shall consider all relevant factors, including, but not 748
limited to, all of the factors specified in division (B)(2) of 749
this section. After reviewing all testimony and evidence 750
presented at the sexual predator hearing and the factors 751
specified in division (B)(2) of this section, the court shall 753
determine by clear and convincing evidence whether the offender 754
is a sexual predator. If the court determines that the offender 755
is not a sexual predator, it also shall determine whether the 756
offender previously has been convicted of or pleaded guilty to a 757
sexually oriented offense other than the offense in relation to 758
which the hearing is being conducted. 759
Upon making its determinations at the hearing, the court 761
19
shall proceed as follows: 762
(i) If the hearing is to determine whether the offender is 765
a sexual predator, and if the court determines that the offender 767
is not a sexual predator and that the offender previously has not 768
been convicted of or pleaded guilty to a sexually oriented
offense other than the offense in relation to which the hearing 769
is being conducted, it shall include its determinations in the 771
offender's institutional record. 772
(ii) If the hearing is to determine whether the offender 774
is a sexual predator, and if the court determines that the 775
offender is not a sexual predator but that the offender 776
previously has been convicted of or pleaded guilty to a sexually 777
oriented offense other than the offense in relation to which the 778
hearing is being conducted, it shall include its determination 779
that the offender is not a sexual predator but is a habitual sex 780
offender in the offender's institutional record, shall attach the 781
determinations to the offender's sentence, shall specify that the 782
determinations were pursuant to division (C) of this section, 784
shall provide a copy of the determinations to the offender, to 785
the prosecuting attorney, and to the department of rehabilitation 786
and correction, and may impose a requirement that the offender be 788
subject to the community notification provisions regarding the 789
offender's place of residence that are contained in sections
2950.10 and 2950.11 of the Revised Code. The offender shall not 791
be subject to those community notification provisions relative to 793
the sexually oriented offense in question if the court does not 794
so impose the requirement described in this division. If the 795
court imposes those community notification provisions, the
offender may appeal the judge's determination that the offender 796
is a habitual sex offender. 797
(iii) If the hearing is to determine whether the offender 800
previously has been convicted of or pleaded guilty to a sexually 801
oriented offense other than the offense in relation to which the 802
hearing is being conducted and whether to impose a requirement 803
20
that the offender be subject to the specified community 804
notification provisions, and if the court determines that the 805
offender previously has been convicted of or pleaded guilty to 806
such an offense, the court shall proceed as described in division 807
(C)(2)(b)(ii) of this section and may impose a community 808
notification requirement as described in that division. The 809
offender shall not be subject to the specified community 810
notification provisions relative to the sexually oriented offense 811
in question if the court does not so impose the requirement 812
described in that division. If the court imposes those community 813
notification provisions, the offender may appeal the judge's 814
determination that the offender is a habitual sex offender. 816
(iv) If the court determined without a hearing that the 819
offender previously has been convicted of or pleaded guilty to a 820
sexually oriented offense other than the offense in relation to 821
which the court determined that the offender is not a sexual 822
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement 823
that the offender be subject to the specified community 824
notification provisions, after the hearing, the court may impose 825
a community notification requirement as described in division 826
(C)(2)(b)(ii) of this section. The offender shall not be subject 828
to the specified community notification provisions relative to 829
the sexually oriented offense in question if the court does not 830
so impose the requirement described in that division. If the 831
court imposes those community notification provisions, the 832
offender may appeal the judge's determination that the offender 833
is a habitual sex offender. 834
(v) If the hearing is to determine whether the offender is 837
a sexual predator, and if the court determines by clear and 838
convincing evidence that the offender is a sexual predator, it 839
shall enter its determination in the offender's institutional 840
record, shall attach the determination to the offender's 841
sentence, shall specify that the determination was pursuant to 842
21
division (C) of this section, and shall provide a copy of the 844
determination to the offender, to the prosecuting attorney, and 845
to the department of rehabilitation and correction. The offender 846
and the prosecutor may appeal as a matter of right the judge's 847
determination under this division as to whether the offender is, 848
or is not, a sexual predator.
(D)(1) Upon the expiration of the applicable period of 850
time specified in division (D)(1)(a) or (b) of this section, an 852
offender who has been convicted of or pleaded guilty to a
sexually oriented offense and who has been adjudicated as being a 854
sexual predator relative to the sexually oriented offense in the 855
manner described in division (B) or (C) of this section may 856
petition the judge who made the determination that the offender 857
was a sexual predator, or that judge's successor in office, to 858
enter a determination that the offender no longer is a sexual
predator. Upon the filing of the petition, the judge may review 860
the prior sexual predator or determination that comprises the 861
sexual SEXUALLY violent predator adjudication, and, upon 862
consideration of all relevant evidence and information, 864
including, but not limited to, the factors set forth in division 865
(B)(2) of this section, either shall enter a determination that 866
the offender no longer is a sexual predator or shall enter an 867
order denying the petition. The court shall not enter a 868
determination under this division that the offender no longer is 869
a sexual predator unless the court determines by clear and 870
convincing evidence that the offender is unlikely to commit a 871
sexually oriented offense in the future. If the judge enters a 873
determination under this division that the offender no longer is
a sexual predator, the judge shall notify the bureau of criminal 875
identification and investigation and the parole board of the 876
determination. Upon receipt of the notification, the bureau 877
promptly shall notify the sheriff with whom the offender most 878
recently registered under section 2950.04 or 2950.05 of the 879
Revised Code of the determination that the offender no longer is 880
22
a sexual predator. If the judge enters an order denying the 881
petition, the prior adjudication of the offender as a sexual 883
predator shall remain in effect. An offender determined to be a
sexual predator in the manner described in division (B) or (C) of 885
this section may file a petition under this division after the
expiration of the following periods of time: 886
(a) Regardless of when the sexually oriented offense was 888
committed, if, on or after January 1, 1997, the offender is 890
imprisoned or sentenced to a prison term or other confinement for 892
the sexually oriented offense in relation to which the 893
determination was made, the offender initially may file the 894
petition not earlier than one year prior to the offender's 895
release from the imprisonment, prison term, or other confinement 896
by discharge, parole, judicial release, or any other final 897
release. If the offender is sentenced on or after January 1, 899
1997, for the sexually oriented offense in relation to which the 900
determination is made and is not imprisoned or sentenced to a 901
prison term or other confinement for the sexually oriented 902
offense, the offender initially may file the petition upon the 903
expiration of one year after the entry of the offender's judgment 904
of conviction.
(b) After the offender's initial filing of a petition 907
under division (D)(1)(a) of this section, thereafter, an offender 908
may file a petition under this division upon the expiration of 909
five years after the court has entered an order denying the most
recent petition the offender has filed under this division. 910
(2) Except as otherwise provided in this division, 912
division (D)(1) of this section does not apply to a person who is 913
classified as a sexual predator pursuant to division (A) of this 914
section. If a person who is so classified was sentenced to a 915
prison term pursuant to division (A)(3) of section 2971.03 of the 917
Revised Code and if the sentencing court terminates the 918
offender's prison term as provided in division (D) of section 919
2971.05 of the Revised Code, the court's termination of the 920
23
prison term automatically shall constitute a determination by the 921
court that the offender no longer is a sexual predator. If the 922
court so terminates the offender's prison term, the court shall 923
notify the bureau of criminal identification and investigation 924
and the parole board of the determination that the offender no 925
longer is a sexual predator. Upon receipt of the notification, 926
the bureau promptly shall notify the sheriff with whom the 927
offender most recently registered under section 2950.04 or 928
2950.05 of the Revised Code that the offender no longer is a 930
sexual predator. If an offender who is classified as a sexual 931
predator pursuant to division (A) of this section is released 932
from prison pursuant to a pardon or commutation, the
classification of the offender as a sexual predator shall remain 933
in effect after the offender's release, and the offender may file 934
one or more petitions in accordance with the procedures and time 935
limitations contained in division (D)(1) of this section for a 936
determination that the offender no longer is a sexual predator. 937
(E) If a person is convicted of or pleads guilty to 940
committing, on or after January 1, 1997, a sexually oriented 942
offense, the judge who is to impose sentence on the offender 943
shall determine, prior to sentencing, whether the offender 944
previously has been convicted of or pleaded guilty to a sexually 945
oriented offense. If the judge determines that the offender 946
previously has not been convicted of or pleaded guilty to a 947
sexually oriented offense, the judge shall specify in the 948
offender's sentence that the judge has determined that the 949
offender is not a habitual sex offender. If the judge determines 950
that the offender previously has been convicted of or pleaded 951
guilty to a sexually oriented offense, the judge shall specify in 952
the offender's sentence and the judgment of conviction that 953
contains the sentence that the judge has determined that the 954
offender is a habitual sex offender and may impose a requirement 955
in that sentence and judgment of conviction that the offender be 956
subject to the community notification provisions regarding the 957
24
offender's place of residence that are contained in sections 958
2950.10 and 2950.11 of the Revised Code. Unless the habitual sex 960
offender also has been adjudicated as being a sexual predator 961
relative to the sexually oriented offense in question, the 962
offender shall not be subject to those community notification 963
provisions if the court does not impose the requirement described 964
in this division in the offender's sentence and the judgment of 965
conviction.
(F)(1) An offender classified as a sexual predator may 968
petition the court of common pleas of the county in which the 969
offender resides or temporarily is domiciled to enter a
determination that the offender is not an adjudicated sexual 971
predator in this state for purposes of the sex offender 972
registration requirements of this chapter or the community
notification provisions contained in sections 2950.10 and 2950.11 973
of the Revised Code if all of the following apply: 974
(a) The offender was convicted of or pleaded guilty to a 976
sexually oriented offense in another state or in a federal court, 977
a military court, or an Indian tribal court. 978
(b) As a result of the conviction or plea of guilty 980
described in division (F)(1)(a) of this section, the offender is 981
required under the law of the jurisdiction under which the 982
offender was convicted or pleaded guilty to register as a sex 983
offender until the offender's death and is required to verify the 984
offender's address on at least a quarterly basis each year. 985
(c) The offender was automatically classified as a sexual 987
predator under division (A) of this section in relation to the 988
conviction or guilty plea described in division (F)(1)(a) of this 990
section.
(2) The court may enter a determination that the offender 992
filing the petition described in division (F)(1) of this section 994
is not an adjudicated sexual predator in this state for purposes
of the sex offender registration requirements of this chapter or 995
the community notification provisions contained in sections 996
25
2950.10 and 2950.11 of the Revised Code only if the offender 997
proves by clear and convincing evidence that the requirement of 998
the other jurisdiction that the offender register as a sex 1,000
offender until the offender's death and the requirement that the 1,001
offender verify the offender's address on at least a quarterly
basis each year is not substantially similar to a classification 1,002
as a sexual predator for purposes of this chapter. 1,003
Section 2. That existing sections 2950.01, 2950.03, 1,005
2950.04, and 2950.09 of the Revised Code are hereby repealed. 1,006