As Passed by the Senate                       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-SENATORS LATTA-SPADA-MUMPER                 14           


_________________________________________________________________   16           

                          A   B I L L                                           

             To amend sections 2950.01, 2950.03, 2950.04, and      18           

                2950.09 of the Revised Code to modify the Sex      19           

                Offender Registration and Notification Law         20           

                relative to procedures for adjudicating specified  21           

                imprisoned persons to be sexual predators.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 2950.01, 2950.03, 2950.04, and     25           

2950.09 of the Revised Code be amended to read as follows:         26           

      Sec. 2950.01.  As used in this chapter, unless the context   35           

clearly requires otherwise:                                        36           

      (A)  "Confinement" includes, but is not limited to, a        38           

community residential sanction imposed pursuant to section         39           

2929.16 of the Revised Code.                                                    

      (B)  "Habitual sex offender" means a person who is           42           

convicted of or pleads guilty to a sexually oriented offense and   43           

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

more sexually oriented offenses.                                   44           

      (C)  "Prosecutor" has the same meaning as in section         47           

2935.01 of the Revised Code.                                                    

      (D)  "Sexually oriented offense" means any of the following  49           

                                                          2      


                                                                 
offenses:                                                          50           

      (1)  Regardless of the age of the victim of the offense, a   52           

violation of section 2907.02, 2907.03, or 2907.05 of the Revised   54           

Code;                                                                           

      (2)  Any of the following offenses involving a minor, in     56           

the circumstances specified:                                       57           

      (a)  A violation of section 2905.01, 2905.02, 2905.03,       60           

2905.04, 2905.05, or 2907.04 of the Revised Code when the victim   61           

of the offense is under eighteen years of age;                                  

      (b)  A violation of section 2907.21 of the Revised Code      64           

when the person who is compelled, induced, procured, encouraged,   65           

solicited, requested, or facilitated to engage in, paid or agreed  66           

to be paid for, or allowed to engage in the sexual activity in     67           

question is under eighteen years of age;                           68           

      (c)  A violation of division (A)(1) or (3) of section        70           

2907.321 or 2907.322 of the Revised Code;                          72           

      (d)  A violation of division (A)(1) or (2) of section        74           

2907.323 of the Revised Code;                                      75           

      (e)  A violation of division (B)(5) of section 2919.22 of    78           

the Revised Code when the child who is involved in the offense is  79           

under eighteen years of age.                                       80           

      (3)  Regardless of the age of the victim of the offense, a   82           

violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the  83           

Revised Code, or of division (A) of section 2903.04 of the         85           

Revised Code, that is committed with a purpose to gratify the      87           

sexual needs or desires of the offender;                                        

      (4)  A sexually violent offense;                             89           

      (5)  A violation of any former law of this state that was    91           

substantially equivalent to any offense listed in division         92           

(D)(1), (2), (3), or (4) of this section;                          93           

      (6)  A violation of an existing or former municipal          95           

ordinance or law of another state or the United States, a          97           

violation under the law applicable in a military court, or a       98           

violation under the law applicable in an Indian tribal court that  99           

                                                          3      


                                                                 
is or was substantially equivalent to any offense listed in        101          

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

      (7)  An attempt to commit, conspiracy to commit, or          103          

complicity in committing any offense listed in division (D)(1),    104          

(2), (3), (4), (5), or (6) of this section.                        105          

      (E)  "Sexual predator" means a person who has been           108          

convicted of or pleaded guilty to committing a sexually oriented   109          

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

sexually oriented offenses.                                        110          

      (F)  "Supervised release" means a release from a prison      112          

term, a term of imprisonment, or another type of confinement that  114          

satisfies either of the following conditions:                                   

      (1)  The release is on parole, a conditional pardon, or      116          

probation, under transitional control, or under a post-release     117          

control sanction, and it requires the person to report to or be    118          

supervised by a parole officer, probation officer, field officer,  119          

or another type of supervising officer.                                         

      (2)  The release is any type of release that is not          121          

described in division (F)(1) of this section and that requires     122          

the person to report to or be supervised by a probation officer,   123          

a parole officer, a field officer, or another type of supervising  124          

officer.                                                                        

      (G)  An offender is "adjudicated as being a sexual           126          

predator" if any of the following applies:                         127          

      (1)  The offender is convicted of or pleads guilty to        129          

committing, on or after January 1, 1997, a sexually oriented       131          

offense that is a sexually violent offense and also is convicted   132          

of or pleads guilty to a sexually violent predator specification   134          

that was included in the indictment, count in the indictment, or   135          

information that charged the sexually violent offense.             136          

      (2)  Regardless of when the sexually oriented offense was    138          

committed, on or after the effective date of this section JANUARY  140          

1, 1997, the offender is sentenced for a sexually oriented         141          

offense, and the sentencing judge determines pursuant to division  142          

                                                          4      


                                                                 
(B) of section 2950.09 of the Revised Code that the offender is a  143          

sexual predator.                                                   144          

      (3)  Prior to January 1, 1997, the offender was convicted    148          

of or pleaded guilty to, and was sentenced for, a sexually         149          

oriented offense, the offender is imprisoned in a state            150          

correctional institution on or after January 1, 1997, and, prior   152          

to the offender's release from imprisonment, the court determines  153          

pursuant to division (C) of section 2950.09 of the Revised Code    154          

that the offender is a sexual predator.                            155          

      (4)  Regardless of when the sexually oriented offense was    157          

committed, the offender is convicted of or pleads guilty to, or    158          

has been convicted of or pleaded guilty to, a sexually oriented    159          

offense in another state or in a federal court, military court,    160          

or an Indian tribal court, as a result of that conviction or plea  161          

of guilty, the offender is required, under the law of the          162          

jurisdiction in which the offender was convicted or pleaded        163          

guilty, to register as a sex offender until the offender's death   164          

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

basis each year, and, on or after July 1, 1997, the offender       165          

moves to and resides in this state or temporarily is domiciled in  166          

this state for more than seven days, unless a court of common      167          

pleas determines that the offender is not a sexual predator        168          

pursuant to division (F) of section 2950.09 of the Revised Code.   169          

      (H)  "Sexually violent predator specification" and           171          

"sexually violent offense" have the same meanings as in section    173          

2971.01 of the Revised Code.                                                    

      (I)  "Post-release control sanction" and "transitional       175          

control" have the same meanings as in section 2967.01 of the       176          

Revised Code.                                                                   

      Sec. 2950.03.  (A)  Each person who has been convicted of,   185          

is convicted of, has pleaded guilty to, or pleads guilty to a      186          

sexually oriented offense and who has a duty to register pursuant  187          

to section 2950.04 of the Revised Code shall be provided notice    188          

in accordance with this section of the offender's duty to          189          

                                                          5      


                                                                 
register under that section, the offender's duty to provide        190          

notice of any change in the offender's residence address and to    192          

register the new residence address pursuant to section 2950.05 of  193          

the Revised Code, and the offender's duty to periodically verify   194          

the offender's residence address pursuant to section 2950.06 of                 

the Revised Code.  The following official shall provide the        195          

notice to the offender at the following time:                      196          

      (1)  Regardless of when the offender committed the sexually  198          

oriented offense, if the offender is sentenced for the sexually    199          

oriented offense to a prison term, a term of imprisonment, or any  200          

other type of confinement, and if, on or after January 1, 1997,    202          

the offender is serving that term or is under that confinement,    203          

the official in charge of the jail, workhouse, state correctional  205          

institution, or other institution in which the offender serves                  

the prison term, term of imprisonment, or confinement, or a        206          

designee of that official, shall provide the notice to the         207          

offender at least ten days before the offender is released         209          

pursuant to any type of supervised release or at least ten days    210          

before the offender otherwise is released from the prison term,    211          

term of imprisonment, or confinement.                                           

      (2)  Regardless of when the offender committed the sexually  213          

oriented offense, if the offender is sentenced for that offense    214          

on or after January 1, 1997, and if division (A)(1) of this        216          

section does not apply, the judge shall provide the notice to the  218          

offender at the time of sentencing.                                             

      (3)  If the offender committed the sexually oriented         220          

offense prior to January 1, 1997, if neither division (A)(1) nor   223          

division (A)(2) of this section applies, and if, immediately       224          

prior to January 1, 1997, the offender was a habitual sex          226          

offender who was required to register under Chapter 2950. of the   227          

Revised Code, the chief of police or sheriff with whom the         228          

offender most recently registered under that chapter, in the       229          

circumstances described in this division, shall provide the        230          

notice to the offender.  If the offender has registered with a     231          

                                                          6      


                                                                 
chief of police or sheriff under Chapter 2950. of the Revised      232          

Code as it existed prior to January 1, 1997, the chief of police   234          

or sheriff with whom the offender must MOST recently registered    235          

shall provide the notice to the offender as soon as possible       237          

after January 1, 1997, as described in division (B)(1) of this     240          

section.  If the offender has not registered with a chief of       241          

police or sheriff under that chapter, the failure to register      242          

shall constitute a waiver by the offender of any right to notice   243          

under this section.  If an offender described in this division     244          

does not receive notice under this section, the offender is not    245          

relieved of the duty to register, the duty to provide notice of    246          

any change in residence address and to register the new residence  247          

address, and the duty to periodically verify the residence         248          

address, as described in division (A) of this section.             250          

      (4)  IF THE OFFENDER IS AN OFFENDER OF THE TYPE DESCRIBED    252          

IN DIVISION (A)(1) OF THIS SECTION AND IF, SUBSEQUENT TO RELEASE,  253          

THE OFFENDER IS ADJUDICATED AS BEING A SEXUAL PREDATOR PURSUANT    254          

TO DIVISION (C) OF SECTION 2950.09 OF THE REVISED CODE, THE JUDGE  256          

SHALL PROVIDE THE NOTICE TO THE OFFENDER AT THE TIME OF            257          

ADJUDICATION.                                                                   

      (B)(1)  The notice provided under division (A) of this       259          

section shall inform the offender of the offender's duty to        260          

register under section 2950.04 of the Revised Code, to notify the  261          

appropriate officials of a change in the offender's residence      262          

address and to register the new residence address in accordance    263          

with section 2950.05 of the Revised Code, and to periodically      264          

verify a residence address under section 2950.06 of the Revised    265          

Code.  The notice shall comport with the following:                266          

      (a)  If the notice is provided under division (A)(3) of      268          

this section, the notice shall be on a form that is prescribed by  269          

the bureau of criminal identification and investigation and that   270          

states the offender's duties to register, to register a new        271          

residence address, and to periodically verify a residence address  272          

and that, if the offender has any questions concerning these       273          

                                                          7      


                                                                 
duties, the offender may contact the chief of police or sheriff    274          

who sent the form for an explanation of the duties.  If the        275          

offender appears in person before the chief of police or sheriff,  276          

the chief or sheriff shall provide the notice as described in      277          

division (B)(1)(a) of this section, and all provisions of this     279          

section that apply regarding a notice provided by an official,     280          

official's designee, or judge in that manner shall be applicable.  281          

      (b)  If the notice is provided under division (A)(1) or,     283          

(2), OR (4) of this section, the official, official's designee,    285          

or judge shall require the offender to read and sign a form        286          

prescribed by the bureau of criminal identification and            287          

investigation, stating that the offender's duties to register, to  288          

register a new residence address, and to periodically verify a     289          

residence address have been explained to the offender.  If the     290          

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

judge shall certify on the form that the official, designee, or    291          

judge specifically informed the offender of those duties and that  292          

the offender indicated an understanding of those duties.           293          

      (c)  For a ANY notice provided under division (A)(1), (2),   295          

or (3) of this section, the form used shall contain all of the     297          

information required by the bureau of criminal identification and               

investigation, including, but not limited to, a statement as to    299          

whether the offender has been adjudicated as being a sexual                     

predator relative to the sexually oriented offense in question, a  300          

statement as to whether the offender has been determined to be a   301          

habitual sex offender, an explanation of the periodic residence    303          

address verification process and of the frequency with which the   304          

offender will be required to verify the residence address under    305          

that process, and a statement that the offender must verify the    306          

residence address at the times specified under that process or                  

face criminal prosecution.                                         307          

      (d)  IF THE NOTICE IS PROVIDED UNDER DIVISION (A)(4) OF      309          

THIS SECTION, THE FORM ALSO SHALL INCLUDE A STATEMENT THAT THE     311          

NOTICE REPLACES ANY NOTICE PREVIOUSLY PROVIDED TO THE OFFENDER     312          

                                                          8      


                                                                 
UNDER DIVISION (A)(1) OF THIS SECTION, A STATEMENT THAT THE        313          

OFFENDER'S DUTIES DESCRIBED IN THIS NOTICE SUPERSEDE THE DUTIES    314          

DESCRIBED IN THE PRIOR NOTICE, AND A STATEMENT NOTIFYING THE       315          

OFFENDER THAT, IF THE OFFENDER ALREADY HAS REGISTERED UNDER        316          

SECTION 2950.04 OF THE REVISED CODE, THE OFFENDER MUST REGISTER    317          

AGAIN PURSUANT TO DIVISION (A)(6) OF THAT SECTION.                 318          

      (2)  After an offender described in division (A)(1) or,      321          

(2), OR (4) of this section has signed the form described in       322          

division (B)(1) of this section or the official, official's        324          

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

to the offender and that the offender indicated an understanding   325          

of the duties indicated on it, the official, official's designee,  326          

or judge shall give one copy of the form to the offender, within   327          

three days shall send one copy of the form to the bureau of        328          

criminal identification and investigation in accordance with the   329          

procedures adopted pursuant to section 2950.13 of the Revised      330          

Code, and shall send one copy of the form to the sheriff of the    331          

county in which the offender expects to reside.  After a chief of  332          

police or sheriff has sent a form to an offender under division    333          

(A)(3) of this section, the chief or sheriff shall send a copy of  334          

the form to the bureau of criminal identification and              335          

investigation in accordance with the procedures adopted pursuant   336          

to section 2950.13 of the Revised Code.                            337          

      (C)  The official, official's designee, judge, chief of      340          

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

offender under division (A) of this section shall do all of the    341          

following:                                                                      

      (1)  If the notice is provided under division (A)(1) or,     343          

(2), OR (4) of this section, the official, designee, or judge      345          

shall determine the offender's name, identifying factors, and      346          

expected future residence address, shall obtain the offender's     347          

criminal history, and shall obtain a photograph and the            349          

fingerprints of the offender.  If the notice is provided by a      350          

judge under division (A)(2) OR (4) of this section, the sheriff    352          

                                                          9      


                                                                 
shall provide the offender's criminal history to the judge.  The   353          

official, official's designee, or judge shall obtain this          354          

information and these items prior to giving the notice, except     355          

that a judge may give the notice prior to obtaining the            356          

offender's criminal history.  Within three days after receiving    358          

this information and these items, the official, official's         359          

designee, or judge shall forward the information and items to the  360          

bureau of criminal identification and investigation in accordance  361          

with the forwarding procedures adopted pursuant to section         362          

2950.13 of the Revised Code and to the sheriff of the county in    364          

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

so, the bureau of criminal identification and investigation shall  365          

forward a copy of the fingerprints and conviction data received    366          

under this division to the federal bureau of investigation.        367          

      (2)  If the notice is provided under division (A)(3) of      369          

this section, the chief of police or sheriff shall determine the   370          

offender's name, identifying factors, and residence address,       371          

shall obtain the offender's criminal history from the bureau of    372          

criminal identification and investigation, and, to the extent      373          

possible, shall obtain a photograph and the fingerprints of the    374          

offender.  Within three days after receiving this information and  375          

these items, the chief or sheriff shall forward the information    376          

and items to the bureau of criminal identification and             377          

investigation in accordance with the forwarding procedures         378          

adopted pursuant to section 2950.13 of the Revised Code and, in    379          

relation to a chief of police, to the sheriff of the county in     380          

which the offender resides.  If it has not already done so, the    381          

bureau of criminal identification and investigation shall forward  382          

a copy of the fingerprints and conviction data so received to the  383          

federal bureau of investigation.                                   384          

      Sec. 2950.04.  (A)  Each offender who is convicted of or     394          

pleads guilty to, or has been convicted of or pleaded guilty to,   395          

a sexually oriented offense and who is described in division       396          

(A)(1), (2), or (3) of this section shall register with the        397          

                                                          10     


                                                                 
sheriff of the following applicable described county and at the    398          

following time:                                                                 

      (1)  Regardless of when the sexually oriented offense was    400          

committed, if the offender is sentenced for the sexually oriented  401          

offense to a prison term, a term of imprisonment, or any other     402          

type of confinement and if, on or after July 1, 1997, the          405          

offender is released in any manner from the prison term, term of   406          

imprisonment, or confinement, within seven days of the offender's  407          

coming into any county in which the offender resides or            408          

temporarily is domiciled for more than seven days, the offender                 

shall register with the sheriff of that county.                    409          

      (2)  Regardless of when the sexually oriented offense was    411          

committed, if the offender is sentenced for a sexually oriented    412          

offense on or after July 1, 1997, and if division (A)(1) of this   414          

section does not apply, within seven days of the offender's        416          

coming into any county in which the offender resides or                         

temporarily is domiciled for more than seven days, the offender    417          

shall register with the sheriff of that county.                    418          

      (3)  If the sexually oriented offense was committed prior    420          

to July 1, 1997, if neither division (A)(1) nor division (A)(2)    423          

of this section applies, and if, immediately prior to July 1,      425          

1997, the offender was a habitual sex offender who was required    426          

to register under Chapter 2950. of the Revised Code, within seven  427          

days of the offender's coming into any county in which the         428          

offender resides or temporarily is domiciled for more than seven   429          

days, the offender shall register with the sheriff of that         430          

county.                                                            431          

      (4)  Regardless of when the sexually oriented offense was    433          

committed, if divisions (A)(1), (2), and (3) of this section do    435          

not apply, if the offender is convicted of or pleads guilty to a   436          

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

military court, or an Indian tribal court, if, on or after July    438          

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

temporarily is domiciled in this state for more than seven days,   439          

                                                          11     


                                                                 
and if, at the time the offender moves to and resides in this      440          

state or temporarily is domiciled in this state for more than      441          

seven days, the offender has a duty to register as a sex offender  443          

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

conviction or guilty plea, within seven days of the offender's     445          

coming into any county in which the offender resides or                         

temporarily is domiciled for more than seven days, the offender    446          

shall register with the sheriff of that county.                    447          

      (5)  Regardless of when the sexually oriented offense was    449          

committed, if divisions (A)(1), (2), and (3) of this section do    450          

not apply, if the offender is convicted of or pleads guilty to a   451          

sexually oriented offense in another state or in a federal court,  452          

military court, or an Indian tribal court, if, on or after July    453          

1, 1997, the offender is released from imprisonment or             454          

confinement imposed for that offense, and if, on or after July 1,  456          

1997, the offender moves to and resides in this state or           457          

temporarily is domiciled in this state for more than seven days,   458          

within seven days of the offender's coming into any county in      460          

which the offender resides or temporarily is domiciled for more    461          

than seven days the offender shall register with the sheriff of    462          

that county.  The duty to register as described in this division   463          

applies regardless of whether the offender, at the time of moving  465          

to and residing in this state or temporarily being domiciled in    466          

this state for more than seven days, has a duty to register as a   467          

sex offender under the law of the jurisdiction in which the        468          

conviction or guilty plea occurred.                                             

      (6)  IF DIVISION (A)(1) OF THIS SECTION APPLIES AND IF,      470          

SUBSEQUENT TO THE OFFENDER'S RELEASE, THE OFFENDER IS ADJUDICATED  472          

TO BE A SEXUAL PREDATOR UNDER DIVISION (C) OF SECTION 2950.09 OF   473          

THE REVISED CODE, THE OFFENDER SHALL REGISTER WITHIN SEVEN DAYS    475          

OF THE ADJUDICATION WITH THE SHERIFF OF THE COUNTY IN WHICH THE    476          

OFFENDER RESIDES OR TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN   477          

DAYS AND SHALL REGISTER WITH THE SHERIFF OF ANY COUNTY IN WHICH    478          

THE OFFENDER SUBSEQUENTLY RESIDES OR TEMPORARILY IS DOMICILED FOR  479          

                                                          12     


                                                                 
MORE THAN SEVEN DAYS WITHIN SEVEN DAYS OF COMING INTO THAT         480          

COUNTY.                                                                         

      (B)  An offender who is required by division (A) of this     482          

section to register personally shall obtain from the sheriff or    483          

from a designee of the sheriff a registration form that conforms   484          

to division (C) of this section, shall complete and sign the       486          

form, and shall return the completed form together with the                     

offender's photograph to the sheriff or the designee.  The         487          

sheriff or designee shall sign the form and indicate on the form   488          

the date on which it is so returned.  The registration required    489          

under this division is complete when the offender returns the      490          

form, containing the requisite information, photograph,                         

signatures, and date, to the sheriff or designee.                  491          

      (C)  The registration form to be used under divisions (A)    494          

and (B) of this section shall contain the current residence        495          

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

of the offender's employer, if the offender is employed at the     496          

time of registration or if the offender knows at the time of       497          

registration that the offender will be commencing employment with  498          

that employer subsequent to registration, and any other            499          

information required by the bureau of criminal identification and  500          

investigation and shall include the offender's photograph.                      

Additionally, if the offender has been adjudicated as being a      501          

sexual predator relative to the sexually oriented offense in       502          

question and the court has not subsequently determined pursuant    503          

to division (D) of section 2950.09 of the Revised Code that the    504          

offender no longer is a sexual predator or if the sentencing       505          

judge determined pursuant to division (C) of section 2950.09 of    506          

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

the offender shall include on the signed, written registration     507          

form all of the following information:                             508          

      (1)  A specific declaration that the person has been         510          

adjudicated as being a sexual predator or has been determined to   511          

be a habitual sex offender, whichever is applicable;               512          

                                                          13     


                                                                 
      (2)  If the offender has been adjudicated as being a sexual  514          

predator, the identification license plate number of each motor    515          

vehicle the offender owns and of each motor vehicle registered in  516          

the offender's name.                                                            

      (D)  After an offender registers with a sheriff pursuant to  519          

this section, the sheriff shall forward the signed, written        520          

registration form and photograph to the bureau of criminal                      

identification and investigation in accordance with the            522          

forwarding procedures adopted pursuant to section 2950.13 of the   523          

Revised Code.  The bureau shall include the information and        524          

materials forwarded to it under this division in the state         525          

registry of sex offenders established and maintained under         526          

section 2950.13 of the Revised Code.                               527          

      (E)  No person who is required to register pursuant to       529          

divisions (A) and (B) of this section shall fail to register as    531          

required in accordance with those divisions or that division.                   

      (F)  An offender who is required to register pursuant to     533          

divisions (A) and (B) of this section shall register pursuant to   534          

this section for the period of time specified in section 2950.07   535          

of the Revised Code.                                                            

      Sec. 2950.09.  (A)  If a person is convicted of or pleads    544          

guilty to committing, on or after January 1, 1997, a sexually      547          

oriented offense that is a sexually violent offense and also is    548          

convicted of or pleads guilty to a sexually violent predator       549          

specification that was included in the indictment, count in the    550          

indictment, or information charging the sexually violent offense,  551          

the conviction of or plea of guilty to the specification           552          

automatically classifies the offender as a sexual predator for     553          

purposes of this chapter.  If a person is convicted of or pleads   554          

guilty to a sexually oriented offense in another state, or in a    555          

federal court, military court, or an Indian tribal court and if,   556          

as a result of that conviction or plea of guilty, the person is    557          

required, under the law of the jurisdiction in which the person    558          

was convicted or pleaded guilty, to register as a sex offender     559          

                                                          14     


                                                                 
until the person's death and is required to verify the person's    560          

address on at least a quarterly basis each year, that conviction   561          

or plea of guilty automatically classifies the offender as a       562          

sexual predator for the purposes of this chapter, but the          563          

offender may challenge that classification pursuant to division                 

(F) of this section.  In all other cases, a person who is          565          

convicted of or pleads guilty to, or has been convicted of or      566          

pleaded guilty to, a sexually oriented offense may be classified   567          

as a sexual predator for purposes of this chapter only in          568          

accordance with division (B) or (C) of this section.               569          

      (B)(1)  Regardless of when the sexually oriented offense     572          

was committed, if a person is to be sentenced on or after the      573          

effective date of this section JANUARY 1, 1997, for a sexually     575          

oriented offense that is not a sexually violent offense, or if a   576          

person is to be sentenced on or after January 1, 1997, for a       578          

sexually oriented offense that is a sexually violent offense and   579          

a sexually violent predator specification was not included in the  580          

indictment, count in the indictment, or information charging the   581          

sexually violent offense, the judge who is to impose sentence      582          

upon the offender shall conduct a hearing to determine whether     583          

the offender is a sexual predator.  The judge shall conduct the    584          

hearing prior to sentencing and, if the sexually oriented offense  585          

is a felony, may conduct it as part of the sentencing hearing      586          

required by section 2929.19 of the Revised Code.  The court shall  587          

give the offender and the prosecutor who prosecuted the offender   588          

for the sexually oriented offense notice of the date, time, and    589          

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

prosecutor shall have an opportunity to testify, present           591          

evidence, call and examine witnesses and expert witnesses, and     593          

cross-examine witnesses and expert witnesses regarding the         594          

determination as to whether the offender is a sexual predator.                  

The offender shall have the right to be represented by counsel     595          

and, if indigent, the right to have counsel appointed to           596          

represent the offender.                                            597          

                                                          15     


                                                                 
      (2)  In making a determination under divisions (B)(1) and    599          

(3) of this section as to whether an offender is a sexual          600          

predator, the judge shall consider all relevant factors,           601          

including, but not limited to, all of the following:               602          

      (a)  The offender's age;                                     604          

      (b)  The offender's prior criminal record regarding all      607          

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

      (c)  The age of the victim of the sexually oriented offense  609          

for which sentence is to be imposed;                               610          

      (d)  Whether the sexually oriented offense for which         612          

sentence is to be imposed involved multiple victims;               613          

      (e)  Whether the offender used drugs or alcohol to impair    615          

the victim of the sexually oriented offense or to prevent the      616          

victim from resisting;                                             617          

      (f)  If the offender previously has been convicted of or     620          

pleaded guilty to any criminal offense, whether the offender                    

completed any sentence imposed for the prior offense and, if the   621          

prior offense was a sex offense or a sexually oriented offense,    622          

whether the offender participated in available programs for        623          

sexual offenders;                                                               

      (g)  Any mental illness or mental disability of the          625          

offender;                                                          626          

      (h)  The nature of the offender's sexual conduct, sexual     629          

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

the sexually oriented offense and whether the sexual conduct,      630          

sexual contact, or interaction in a sexual context was part of a   631          

demonstrated pattern of abuse;                                     632          

      (i)  Whether the offender, during the commission of the      635          

sexually oriented offense for which sentence is to be imposed,                  

displayed cruelty or made one or more threats of cruelty;          636          

      (j)  Any additional behavioral characteristics that          638          

contribute to the offender's conduct.                              639          

      (3)  After reviewing all testimony and evidence presented    642          

at the hearing conducted under division (B)(1) of this section     643          

                                                          16     


                                                                 
and the factors specified in division (B)(2) of this section, the  644          

judge shall determine by clear and convincing evidence whether                  

the offender is a sexual predator.  If the judge determines that   646          

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

the offender's sentence and the judgment of conviction that        647          

contains the sentence that the judge has determined that the       648          

offender is not a sexual predator.  If the judge determines by     649          

clear and convincing evidence that the offender is a sexual        650          

predator, the judge shall specify in the offender's sentence and   651          

the judgment of conviction that contains the sentence that the     652          

judge has determined that the offender is a sexual predator and    653          

shall specify that the determination was pursuant to division (B)  655          

of this section.  The offender and the prosecutor who prosecuted   656          

the offender for the sexually oriented offense in question may     657          

appeal as a matter of right the judge's determination under this   658          

division as to whether the offender is, or is not, a sexual        659          

predator.                                                                       

      (4)  A hearing shall not be conducted under division (B) of  662          

this section regarding an offender if the sexually oriented                     

offense in question is a sexually violent offense and the          663          

indictment, count in the indictment, or information charging the   664          

offense also included a sexually violent predator specification.   665          

      (C)(1)  If a person was convicted of or pleaded guilty to a  667          

sexually oriented offense prior to January 1, 1997, if the person  669          

was not sentenced for the offense on or after January 1, 1997,     671          

and if, on or after January 1, 1997, the offender is serving a     673          

term of imprisonment in a state correctional institution, prior    674          

to the offender's release from the term of imprisonment, the       675          

department of rehabilitation and correction shall determine        677          

whether to recommend that the offender be adjudicated as being a   678          

sexual predator.  In making a determination under this division    679          

as to whether to recommend that the offender be adjudicated as     680          

being a sexual predator, the department shall consider all         681          

relevant factors, including, but not limited to, all of the        682          

                                                          17     


                                                                 
factors specified in division (B)(2) of this section.  If the      683          

department determines that it will recommend that the offender be  685          

adjudicated as being a sexual predator, it immediately shall send  686          

the recommendation to the court that sentenced the offender and    687          

shall enter its determination and recommendation in the            688          

offender's institutional record, and the court shall proceed in    689          

accordance with division (C)(2) of this section.                   690          

      (2)(a)  If, pursuant to division (C)(1) of this section,     692          

the department of rehabilitation and correction sends to a court   694          

a recommendation that an offender who has been convicted of or     695          

pleaded guilty to a sexually oriented offense be adjudicated as    696          

being a sexual predator, the court is not bound by the             697          

department's recommendation, and the court may conduct a hearing   698          

to determine whether the offender is a sexual predator.  The       699          

court may deny the recommendation and determine that the offender  700          

is not a sexual predator without a hearing but shall not make a    701          

determination that the offender is a sexual predator in any case   702          

without a hearing.  THE COURT MAY HOLD THE HEARING AND MAKE THE    704          

DETERMINATION PRIOR TO THE OFFENDER'S RELEASE FROM IMPRISONMENT    705          

OR AT ANY TIME WITHIN ONE YEAR FOLLOWING THE OFFENDER'S RELEASE    707          

FROM THAT IMPRISONMENT.  If the court determines without a         709          

hearing that the offender is not a sexual predator, it shall       710          

include its determination in the offender's institutional record   711          

and shall determine whether the offender previously has been       713          

convicted of or pleaded guilty to a sexually oriented offense      714          

other than the offense in relation to which the court determined                

that the offender is not a sexual predator.                        715          

      The court may make the determination as to whether the       717          

offender previously has been convicted of or pleaded guilty to a   718          

sexually oriented offense without a hearing, but, if the court     719          

determines that the offender previously has been convicted of or   720          

pleaded guilty to such an offense, it shall not impose a           721          

requirement that the offender be subject to the community          722          

notification provisions regarding the offender's place of          723          

                                                          18     


                                                                 
residence that are contained in sections 2950.10 and 2950.11 of    724          

the Revised Code without a hearing.  The court may conduct a       726          

hearing to determine both whether the offender previously has      727          

been convicted of or pleaded guilty to a sexually oriented         728          

offense and whether to impose a requirement that the offender be   729          

subject to the community notification provisions as described in   730          

this division, or may conduct a hearing solely to make the latter  731          

determination.  The court shall include in the offender's          732          

institutional record any determination made under this division    733          

as to whether the offender previously has been convicted of or     734          

pleaded guilty to a sexually oriented offense, and, as such,       735          

whether the offender is a habitual sex offender.                   736          

      (b)  If the court schedules a hearing under division         738          

(C)(2)(a) of this section, the court shall give the offender and   740          

the prosecutor who prosecuted the offender for the sexually        741          

oriented offense, or that prosecutor's successor in office,        742          

notice of the date, time, and place of the hearing.  If the        743          

hearing is to determine whether the offender is a sexual           744          

predator, it shall be conducted in the manner described in         745          

division (B)(1) of this section regarding hearings conducted       746          

under that division and, in making a determination under this      747          

division as to whether the offender is a sexual predator, the      748          

court shall consider all relevant factors, including, but not      749          

limited to, all of the factors specified in division (B)(2) of     750          

this section.  After reviewing all testimony and evidence          751          

presented at the sexual predator hearing and the factors           752          

specified in division (B)(2) of this section, the court shall      754          

determine by clear and convincing evidence whether the offender    755          

is a sexual predator.  If the court determines that the offender   756          

is not a sexual predator, it also shall determine whether the      757          

offender previously has been convicted of or pleaded guilty to a   758          

sexually oriented offense other than the offense in relation to    759          

which the hearing is being conducted.                              760          

      Upon making its determinations at the hearing, the court     762          

                                                          19     


                                                                 
shall proceed as follows:                                          763          

      (i)  If the hearing is to determine whether the offender is  766          

a sexual predator, and if the court determines that the offender   768          

is not a sexual predator and that the offender previously has not  769          

been convicted of or pleaded guilty to a sexually oriented                      

offense other than the offense in relation to which the hearing    770          

is being conducted, it shall include its determinations in the     772          

offender's institutional record.                                   773          

      (ii)  If the hearing is to determine whether the offender    775          

is a sexual predator, and if the court determines that the         776          

offender is not a sexual predator but that the offender            777          

previously has been convicted of or pleaded guilty to a sexually   778          

oriented offense other than the offense in relation to which the   779          

hearing is being conducted, it shall include its determination     780          

that the offender is not a sexual predator but is a habitual sex   781          

offender in the offender's institutional record, shall attach the  782          

determinations to the offender's sentence, shall specify that the  783          

determinations were pursuant to division (C) of this section,      785          

shall provide a copy of the determinations to the offender, to     786          

the prosecuting attorney, and to the department of rehabilitation  787          

and correction, and may impose a requirement that the offender be  789          

subject to the community notification provisions regarding the     790          

offender's place of residence that are contained in sections                    

2950.10 and 2950.11 of the Revised Code.  The offender shall not   792          

be subject to those community notification provisions relative to  794          

the sexually oriented offense in question if the court does not    795          

so impose the requirement described in this division.  If the      796          

court imposes those community notification provisions, the                      

offender may appeal the judge's determination that the offender    797          

is a habitual sex offender.                                        798          

      (iii)  If the hearing is to determine whether the offender   801          

previously has been convicted of or pleaded guilty to a sexually   802          

oriented offense other than the offense in relation to which the   803          

hearing is being conducted and whether to impose a requirement     804          

                                                          20     


                                                                 
that the offender be subject to the specified community            805          

notification provisions, and if the court determines that the      806          

offender previously has been convicted of or pleaded guilty to     807          

such an offense, the court shall proceed as described in division  808          

(C)(2)(b)(ii) of this section and may impose a community           809          

notification requirement as described in that division.  The       810          

offender shall not be subject to the specified community           811          

notification provisions relative to the sexually oriented offense  812          

in question if the court does not so impose the requirement        813          

described in that division.  If the court imposes those community  814          

notification provisions, the offender may appeal the judge's       815          

determination that the offender is a habitual sex offender.        817          

      (iv)  If the court determined without a hearing that the     820          

offender previously has been convicted of or pleaded guilty to a   821          

sexually oriented offense other than the offense in relation to    822          

which the court determined that the offender is not a sexual       823          

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

hearing is solely to determine whether to impose a requirement     824          

that the offender be subject to the specified community            825          

notification provisions, after the hearing, the court may impose   826          

a community notification requirement as described in division      827          

(C)(2)(b)(ii) of this section.  The offender shall not be subject  829          

to the specified community notification provisions relative to     830          

the sexually oriented offense in question if the court does not    831          

so impose the requirement described in that division.  If the      832          

court imposes those community notification provisions, the         833          

offender may appeal the judge's determination that the offender    834          

is a habitual sex offender.                                        835          

      (v)  If the hearing is to determine whether the offender is  838          

a sexual predator, and if the court determines by clear and        839          

convincing evidence that the offender is a sexual predator, it     840          

shall enter its determination in the offender's institutional      841          

record, shall attach the determination to the offender's           842          

sentence, shall specify that the determination was pursuant to     843          

                                                          21     


                                                                 
division (C) of this section, and shall provide a copy of the      845          

determination to the offender, to the prosecuting attorney, and    846          

to the department of rehabilitation and correction.  The offender  847          

and the prosecutor may appeal as a matter of right the judge's     848          

determination under this division as to whether the offender is,   849          

or is not, a sexual predator.                                                   

      (D)(1)  Upon the expiration of the applicable period of      851          

time specified in division (D)(1)(a) or (b) of this section, an    853          

offender who has been convicted of or pleaded guilty to a                       

sexually oriented offense and who has been adjudicated as being a  855          

sexual predator relative to the sexually oriented offense in the   856          

manner described in division (B) or (C) of this section may        857          

petition the judge who made the determination that the offender    858          

was a sexual predator, or that judge's successor in office, to     859          

enter a determination that the offender no longer is a sexual                   

predator.  Upon the filing of the petition, the judge may review   861          

the prior sexual predator or determination that comprises the      862          

sexual SEXUALLY violent predator adjudication, and, upon           863          

consideration of all relevant evidence and information,            865          

including, but not limited to, the factors set forth in division   866          

(B)(2) of this section, either shall enter a determination that    867          

the offender no longer is a sexual predator or shall enter an      868          

order denying the petition.  The court shall not enter a           869          

determination under this division that the offender no longer is   870          

a sexual predator unless the court determines by clear and         871          

convincing evidence that the offender is unlikely to commit a      872          

sexually oriented offense in the future.  If the judge enters a    874          

determination under this division that the offender no longer is                

a sexual predator, the judge shall notify the bureau of criminal   876          

identification and investigation and the parole board of the       877          

determination.  Upon receipt of the notification, the bureau       878          

promptly shall notify the sheriff with whom the offender most      879          

recently registered under section 2950.04 or 2950.05 of the        880          

Revised Code of the determination that the offender no longer is   881          

                                                          22     


                                                                 
a sexual predator.  If the judge enters an order denying the       882          

petition, the prior adjudication of the offender as a sexual       884          

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

sexual predator in the manner described in division (B) or (C) of  886          

this section may file a petition under this division after the                  

expiration of the following periods of time:                       887          

      (a)  Regardless of when the sexually oriented offense was    889          

committed, if, on or after January 1, 1997, the offender is        891          

imprisoned or sentenced to a prison term or other confinement for  893          

the sexually oriented offense in relation to which the             894          

determination was made, the offender initially may file the        895          

petition not earlier than one year prior to the offender's         896          

release from the imprisonment, prison term, or other confinement   897          

by discharge, parole, judicial release, or any other final         898          

release.  If the offender is sentenced on or after January 1,      900          

1997, for the sexually oriented offense in relation to which the   901          

determination is made and is not imprisoned or sentenced to a      902          

prison term or other confinement for the sexually oriented         903          

offense, the offender initially may file the petition upon the     904          

expiration of one year after the entry of the offender's judgment  905          

of conviction.                                                                  

      (b)  After the offender's initial filing of a petition       908          

under division (D)(1)(a) of this section, thereafter, an offender  909          

may file a petition under this division upon the expiration of     910          

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

recent petition the offender has filed under this division.        911          

      (2)  Except as otherwise provided in this division,          913          

division (D)(1) of this section does not apply to a person who is  914          

classified as a sexual predator pursuant to division (A) of this   915          

section.  If a person who is so classified was sentenced to a      916          

prison term pursuant to division (A)(3) of section 2971.03 of the  918          

Revised Code and if the sentencing court terminates the            919          

offender's prison term as provided in division (D) of section      920          

2971.05 of the Revised Code, the court's termination of the        921          

                                                          23     


                                                                 
prison term automatically shall constitute a determination by the  922          

court that the offender no longer is a sexual predator.  If the    923          

court so terminates the offender's prison term, the court shall    924          

notify the bureau of criminal identification and investigation     925          

and the parole board of the determination that the offender no     926          

longer is a sexual predator.  Upon receipt of the notification,    927          

the bureau promptly shall notify the sheriff with whom the         928          

offender most recently registered under section 2950.04 or         929          

2950.05 of the Revised Code that the offender no longer is a       931          

sexual predator.  If an offender who is classified as a sexual     932          

predator pursuant to division (A) of this section is released      933          

from prison pursuant to a pardon or commutation, the                            

classification of the offender as a sexual predator shall remain   934          

in effect after the offender's release, and the offender may file  935          

one or more petitions in accordance with the procedures and time   936          

limitations contained in division (D)(1) of this section for a     937          

determination that the offender no longer is a sexual predator.    938          

      (E)  If a person is convicted of or pleads guilty to         941          

committing, on or after January 1, 1997, a sexually oriented       943          

offense, the judge who is to impose sentence on the offender       944          

shall determine, prior to sentencing, whether the offender         945          

previously has been convicted of or pleaded guilty to a sexually   946          

oriented offense.  If the judge determines that the offender       947          

previously has not been convicted of or pleaded guilty to a        948          

sexually oriented offense, the judge shall specify in the          949          

offender's sentence that the judge has determined that the         950          

offender is not a habitual sex offender.  If the judge determines  951          

that the offender previously has been convicted of or pleaded      952          

guilty to a sexually oriented offense, the judge shall specify in  953          

the offender's sentence and the judgment of conviction that        954          

contains the sentence that the judge has determined that the       955          

offender is a habitual sex offender and may impose a requirement   956          

in that sentence and judgment of conviction that the offender be   957          

subject to the community notification provisions regarding the     958          

                                                          24     


                                                                 
offender's place of residence that are contained in sections       959          

2950.10 and 2950.11 of the Revised Code.  Unless the habitual sex  961          

offender also has been adjudicated as being a sexual predator      962          

relative to the sexually oriented offense in question, the         963          

offender shall not be subject to those community notification      964          

provisions if the court does not impose the requirement described  965          

in this division in the offender's sentence and the judgment of    966          

conviction.                                                                     

      (F)(1)  An offender classified as a sexual predator may      969          

petition the court of common pleas of the county in which the      970          

offender resides or temporarily is domiciled to enter a                         

determination that the offender is not an adjudicated sexual       972          

predator in this state for purposes of the sex offender            973          

registration requirements of this chapter or the community                      

notification provisions contained in sections 2950.10 and 2950.11  974          

of the Revised Code if all of the following apply:                 975          

      (a)  The offender was convicted of or pleaded guilty to a    977          

sexually oriented offense in another state or in a federal court,  978          

a military court, or an Indian tribal court.                       979          

      (b)  As a result of the conviction or plea of guilty         981          

described in division (F)(1)(a) of this section, the offender is   982          

required under the law of the jurisdiction under which the         983          

offender was convicted or pleaded guilty to register as a sex      984          

offender until the offender's death and is required to verify the  985          

offender's address on at least a quarterly basis each year.        986          

      (c)  The offender was automatically classified as a sexual   988          

predator under division (A) of this section in relation to the     989          

conviction or guilty plea described in division (F)(1)(a) of this  991          

section.                                                                        

      (2)  The court may enter a determination that the offender   993          

filing the petition described in division (F)(1) of this section   995          

is not an adjudicated sexual predator in this state for purposes                

of the sex offender registration requirements of this chapter or   996          

the community notification provisions contained in sections        997          

                                                          25     


                                                                 
2950.10 and 2950.11 of the Revised Code only if the offender       998          

proves by clear and convincing evidence that the requirement of    999          

the other jurisdiction that the offender register as a sex         1,001        

offender until the offender's death and the requirement that the   1,002        

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

basis each year is not substantially similar to a classification   1,003        

as a sexual predator for purposes of this chapter.                 1,004        

      Section 2.  That existing sections 2950.01, 2950.03,         1,006        

2950.04, and 2950.09 of the Revised Code are hereby repealed.      1,007