As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 187 5
1999-2000 6
SENATORS JOHNSON-WHITE-CUPP-WATTS 8
_________________________________________________________________ 10
A B I L L
To amend sections 109.57 and 109.572 and to enact 12
section 109.574 of the Revised Code to provide, 13
upon the request of a child's parent or guardian, 14
for BCII criminal records checks regarding any 15
person who is an employee or volunteer of a 16
specified type of institution, organization, or
local government entity that provides specified 17
services to children and who regularly has 18
unsupervised access to a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 109.57 and 109.572 be amended and 22
section 109.574 of the Revised Code be enacted to read as 23
follows: 24
Sec. 109.57. (A)(1) The superintendent of the bureau of 33
criminal identification and investigation shall procure from 34
wherever procurable and file for record photographs, pictures, 36
descriptions, fingerprints, measurements, and other information 37
that may be pertinent of all persons who have been convicted of 38
committing within this state a felony, any crime constituting a 40
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 42
section 109.572 of the Revised Code, of all children under 43
eighteen years of age who have been adjudicated delinquent 44
children for committing within this state an act that would be a 45
felony or an offense of violence if committed by an adult or who 46
have been convicted of or pleaded guilty to committing within 48
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this state a felony or an offense of violence, and of all 49
well-known and habitual criminals. The person in charge of any 51
county, multicounty, municipal, municipal-county, or 52
multicounty-municipal jail or workhouse, community-based 53
correctional facility, halfway house, alternative residential 54
facility, or state correctional institution and the person in 55
charge of any state institution having custody of a person 56
suspected of having committed a felony, any crime constituting a 58
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 60
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 61
probable cause to believe that the child may have committed an 63
act that would be a felony or an offense of violence if committed 65
by an adult shall furnish such material to the superintendent of 67
the bureau. Fingerprints, photographs, or other descriptive 69
information of a child who is under eighteen years of age, has 70
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 72
committed by an adult, has not been adjudicated a delinquent 73
child for committing an act that would be a felony or an offense 74
of violence if committed by an adult, has not been convicted of 75
or pleaded guilty to committing a felony or an offense of 78
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 80
act that would be a felony or an offense of violence if committed 82
by an adult shall not be procured by the superintendent or 83
furnished by any person in charge of any county, multicounty, 85
municipal, municipal-county, or multicounty-municipal jail or 86
workhouse, community-based correctional facility, halfway house, 87
alternative residential facility, or state correctional 88
institution, except as authorized in section 2151.313 of the 89
Revised Code.
(2) Every clerk of a court of record in this state, other 92
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than the supreme court or a court of appeals, shall send to the 93
superintendent of the bureau a weekly report containing a summary 95
of each case involving a felony, involving any crime constituting 96
a misdemeanor on the first offense and a felony on subsequent 98
offenses, involving a misdemeanor described in division (A)(1)(a) 99
of section 109.572 of the Revised Code, or involving an 100
adjudication that a child under eighteen years of age is a 101
delinquent child for committing an act that would be a felony or 104
an offense of violence if committed by an adult. The clerk of 106
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 107
divisions (A)(2)(a) to (f) of this section regarding a case 109
before the court of appeals that is served by that clerk. The 110
summary shall be written on the standard forms furnished by the 111
superintendent pursuant to division (B) of this section and shall 112
include the following information: 113
(a) The incident tracking number contained on the standard 115
forms furnished by the superintendent pursuant to division (B) of 116
this section; 117
(b) The style and number of the case; 119
(c) The date of arrest; 121
(d) The date that the person was convicted of or pleaded 123
guilty to the offense, adjudicated a delinquent child for 124
committing the act that would be a felony or an offense of 127
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 128
act that would be a felony or an offense of violence if committed 131
by an adult, the date of an entry dismissing the charge, an entry 133
declaring a mistrial of the offense in which the person is 134
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 135
date of any other determination that constitutes final resolution 136
of the case;
(e) A statement of the original charge with the section of 138
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the Revised Code that was alleged to be violated; 139
(f) If the person or child was convicted, pleaded guilty, 141
or was adjudicated a delinquent child, the sentence or terms of 143
probation imposed or any other disposition of the offender or the 144
delinquent child.
If the offense involved the disarming of a law enforcement 146
officer or an attempt to disarm a law enforcement officer, the 147
clerk shall clearly state that fact in the summary, and the 148
superintendent shall ensure that a clear statement of that fact 149
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 151
sheriffs, chiefs of police, and other law enforcement officers in 153
the establishment of a complete system of criminal identification 154
and in obtaining fingerprints and other means of identification 155
of all persons arrested on a charge of a felony, any crime 156
constituting a misdemeanor on the first offense and a felony on 157
subsequent offenses, or a misdemeanor described in division 158
(A)(1)(a) of section 109.572 of the Revised Code and of all 159
children under eighteen years of age arrested or otherwise taken 161
into custody for committing an act that would be a felony or an 163
offense of violence if committed by an adult. The superintendent 165
also shall file for record the fingerprint impressions of all 166
persons confined in a county, multicounty, municipal, 167
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 169
residential facility, or state correctional institution for the 170
violation of state laws and of all children under eighteen years 172
of age who are confined in a county, multicounty, municipal, 173
municipal-county, or multicounty-municipal jail or workhouse, 174
community-based correctional facility, halfway house, alternative 175
residential facility, or state correctional institution or in any 177
facility for delinquent children for committing an act that would 179
be a felony or an offense of violence if committed by an adult, 180
and any other information that the superintendent may receive 182
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from law enforcement officials of the state and its political 183
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 185
the Revised Code with respect to the registration of persons who 188
are convicted of or plead guilty to a sexually oriented offense 189
and with respect to all other duties imposed on the bureau under 190
that chapter.
(B) The superintendent shall prepare and furnish to every 192
county, multicounty, municipal, municipal-county, or 193
multicounty-municipal jail or workhouse, community-based 194
correctional facility, halfway house, alternative residential 195
facility, or state correctional institution and to every clerk of 196
a court in this state specified in division (A)(2) of this 197
section standard forms for reporting the information required 198
under division (A) of this section. The standard forms that the 200
superintendent prepares pursuant to this division may be in a 201
tangible format, in an electronic format, or in both tangible 202
formats and electronic formats.
(C) The superintendent may operate a center for 204
electronic, automated, or other data processing for the storage 205
and retrieval of information, data, and statistics pertaining to 206
criminals and to children under eighteen years of age who are 207
adjudicated delinquent children for committing an act that would 209
be a felony or an offense of violence if committed by an adult, 210
criminal activity, crime prevention, law enforcement, and 213
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 214
data, and statistics for the use of law enforcement agencies. 215
The superintendent may gather, store, retrieve, and disseminate 217
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 218
sections 109.57 to 109.61 of the Revised Code together with 219
information, data, and statistics that pertain to adults and that 220
are gathered pursuant to those sections. 221
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(D) The information and materials furnished to the 223
superintendent pursuant to division (A) of this section and 224
information and materials furnished to any board or person under 225
division (F) or (G) of this section are not public records under 226
section 149.43 of the Revised Code. 227
(E) The attorney general shall adopt rules, in accordance 229
with Chapter 119. of the Revised Code, setting forth the 230
procedure by which a person may receive or release information 231
gathered by the superintendent pursuant to division (A) of this 233
section. A reasonable fee may be charged for this service. If a 234
temporary employment service submits a request for a 235
determination of whether a person the service plans to refer to 236
an employment position has been convicted of or pleaded guilty to 237
an offense listed in division (A)(1), (3), (4), or (5) of section 238
109.572 of the Revised Code, the request shall be treated as a 239
single request and only one fee shall be charged. 240
(F)(1) As used in division (F)(2) of this section, "head 242
start agency" means an entity in this state that has been 243
approved to be an agency for purposes of subchapter II of the 244
"Community Economic Development Act," 95 Stat. 489 (1981), 42 245
U.S.C.A. 9831, as amended. 246
(2)(a) In addition to or in conjunction with any request 248
that is required to be made under section 109.572, 2151.86, 249
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 250
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 251
education of any school district; any county board of mental 252
retardation and developmental disabilities; any entity under 253
contract with a county board of mental retardation and 254
developmental disabilities; the chief administrator of any 255
chartered nonpublic school; the chief administrator of any home 256
health agency; the chief administrator of or person operating any 257
child day-care center, type A family day-care home, or type B 258
family day-care home licensed or certified under Chapter 5104. of 259
the Revised Code; the administrator of any type C family day-care 260
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home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 261
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 262
general assembly; the chief administrator of any head start 263
agency; or the executive director of a public children services 264
agency may request that the superintendent of the bureau 265
investigate and determine, with respect to any individual who has 266
applied for employment in any position after October 2, 1989, or 267
any individual wishing to apply for employment with a board of 268
education may request, with regard to the individual, whether the 270
bureau has any information gathered under division (A) of this 271
section that pertains to that individual. On receipt of the 272
request, the superintendent shall determine whether that 273
information exists and, upon request of the person, board, or 274
entity requesting information, also shall request from the 275
federal bureau of investigation any criminal records it has 276
pertaining to that individual. Within thirty days of the date 277
that the superintendent receives a request, the superintendent 279
shall send to the board, entity, or person a report of any 280
information that the superintendent determines exists, including 282
information contained in records that have been sealed under 283
section 2953.32 of the Revised Code, and, within thirty days of 284
its receipt, shall send the board, entity, or person a report of 285
any information received from the federal bureau of 286
investigation, other than information the dissemination of which 287
is prohibited by federal law.
(b) When a board of education is required to receive 289
information under this section as a prerequisite to employment of 290
an individual pursuant to section 3319.39 of the Revised Code, it 291
may accept a certified copy of records that were issued by the 293
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 294
district in lieu of requesting that information itself. In such 295
a case, the board shall accept the certified copy issued by the 296
bureau in order to make a photocopy of it for that individual's 297
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employment application documents and shall return the certified 298
copy to the individual. In a case of that nature, a district 299
only shall accept a certified copy of records of that nature 300
within one year after the date of their issuance by the bureau. 302
(3) The state board of education may request, with respect 304
to any individual who has applied for employment after October 2, 305
1989, in any position with the state board or the department of 306
education, any information that a school district board of 307
education is authorized to request under division (F)(2) of this 309
section, and the superintendent of the bureau shall proceed as if 310
the request has been received from a school district board of 311
education under division (F)(2) of this section. 312
(4) When the superintendent of the bureau receives a 314
request for information that is authorized under section 3319.291 315
of the Revised Code, the superintendent shall proceed as if the 316
request has been received from a school district board of 317
education under division (F)(2) of this section. 318
(5) When a recipient of an OhioReads classroom or 321
community reading grant paid under section 3301.86 or 3301.87 of 323
the Revised Code or an entity approved by the OhioReads council 325
requests, with respect to any individual who applies to 326
participate in providing any program or service through an entity 328
approved by the OhioReads council or funded in whole or in part 331
by the grant, the information that a school district board of
education is authorized to request under division (F)(2)(a) of 333
this section, the superintendent of the bureau shall proceed as 334
if the request has HAD been received from a school district board 336
of education under division (F)(2)(a) of this section. 337
(6) WHEN A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 339
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 340
GOVERNMENT ENTITY REQUESTS, PURSUANT TO SECTION 109.574 OF THE 341
REVISED CODE AND WITH RESPECT TO ANY CURRENT EMPLOYEE OR 342
VOLUNTEER OF THE INSTITUTION, ORGANIZATION, OR ENTITY AS
DESCRIBED IN THAT SECTION, THE INFORMATION THAT A SCHOOL DISTRICT 343
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BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER DIVISION 344
(F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE BUREAU SHALL 345
PROCEED AS IF THE REQUEST HAD BEEN RECEIVED FROM A SCHOOL 346
DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF THIS 347
SECTION, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE BY SECTION 348
109.574 OF THE REVISED CODE.
(G) In addition to or in conjunction with any request that 351
is required to be made under section 173.41, 3701.881, 3712.09, 352
3721.121, or 3722.151 of the Revised Code with respect to an 354
individual who has applied for employment in a position that 355
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 356
the PASSPORT program created under section 173.40 of the Revised 357
Code, home health agency, hospice care program, home licensed 359
under Chapter 3721. of the Revised Code, adult day-care program 360
operated pursuant to rules adopted under section 3721.04 of the 361
Revised Code, or adult care facility may request that the 363
superintendent of the bureau investigate and determine, with 364
respect to any individual who has applied after January 27, 1997, 366
for employment in a position that does not involve providing 367
direct care to an older adult, whether the bureau has any 368
information gathered under division (A) of this section that 369
pertains to that individual. On receipt of the request, the 370
superintendent shall determine whether that information exists 371
and, on request of the administrator requesting information, 372
shall also request from the federal bureau of investigation any 373
criminal records it has pertaining to that individual. Within 374
thirty days of the date a request is received, the superintendent 375
shall send to the administrator a report of any information 377
determined to exist, including information contained in records 378
that have been sealed under section 2953.32 of the Revised Code, 379
and, within thirty days of its receipt, shall send the 380
administrator a report of any information received from the 381
federal bureau of investigation, other than information the 382
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dissemination of which is prohibited by federal law. 383
(H) Information obtained by a board, administrator, or 386
other person under this section is confidential and shall not be 387
released or disseminated.
(I) The superintendent may charge a reasonable fee for 389
providing information or criminal records under division (F)(2) 390
or (G) of this section. 391
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 400
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 401
5104.013, or 5153.111 of the Revised Code, a completed form 403
prescribed pursuant to division (C)(1) of this section, and a set 404
of fingerprint impressions obtained in the manner described in 405
division (C)(2) of this section, the superintendent of the bureau 406
of criminal identification and investigation shall conduct a 407
criminal records check in the manner described in division (B) of 408
this section to determine whether any information exists that 409
indicates that the person who is the subject of the request 410
previously has been convicted of or pleaded guilty to any of the 411
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 413
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 414
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 416
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 417
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 418
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 419
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 420
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 421
Code, a violation of section 2905.04 of the Revised Code as it 422
existed prior to July 1, 1996, a violation of section 2919.23 of 423
the Revised Code that would have been a violation of section 425
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a 426
violation of section 2925.11 of the Revised Code that is not a 427
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minor drug possession offense; 428
(b) A violation of an existing or former law of this 430
state, any other state, or the United States that is 431
substantially equivalent to any of the offenses listed in 432
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5126.28 of 435
the Revised Code with respect to an applicant for employment in 437
any position with a county board of mental retardation and 438
developmental disabilities or pursuant to section 5126.281 of the 439
Revised Code with respect to an applicant for employment in a 441
position with an entity contracting with a county board for 442
employment in a position that involves providing service directly 443
to individuals with mental retardation and developmental 444
disabilities, a completed form prescribed pursuant to division 445
(C)(1) of this section, and a set of fingerprint impressions 447
obtained in the manner described in division (C)(2) of this 448
section, the superintendent of the bureau of criminal 449
identification and investigation shall conduct a criminal records 451
check. The superintendent shall conduct the criminal records 452
check in the manner described in division (B) of this section to 453
determine whether any information exists that indicates that the 454
person who is the subject of the request has been convicted of or 456
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 459
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 460
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 461
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 462
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 463
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 464
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 465
or 3716.11 of the Revised Code; 466
(b) An existing or former law of this state, any other 469
state, or the United States that is substantially equivalent to 470
any of the offenses listed in division (A)(2)(a) of this section. 471
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(3) On receipt of a request pursuant to section 173.41, 473
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 475
form prescribed pursuant to division (C)(1) of this section, and 476
a set of fingerprint impressions obtained in the manner described 477
in division (C)(2) of this section, the superintendent of the 479
bureau of criminal identification and investigation shall conduct 480
a criminal records check with respect to any person who has 481
applied for employment in a position that involves providing 482
direct care to an older adult. The superintendent shall conduct 483
the criminal records check in the manner described in division 484
(B) of this section to determine whether any information exists 486
that indicates that the person who is the subject of the request 487
previously has been convicted of or pleaded guilty to any of the 488
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 491
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 492
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 493
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 495
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 496
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 498
2925.22, 2925.23, or 3716.11 of the Revised Code; 499
(b) An existing or former law of this state, any other 502
state, or the United States that is substantially equivalent to 503
any of the offenses listed in division (A)(3)(a) of this section. 504
(4) On receipt of a request pursuant to section 3701.881 506
of the Revised Code with respect to an applicant for employment 508
with a home health agency as a person responsible for the care, 509
custody, or control of a child, a completed form prescribed 510
pursuant to division (C)(1) of this section, and a set of 511
fingerprint impressions obtained in the manner described in 512
division (C)(2) of this section, the superintendent of the bureau 513
of criminal identification and investigation shall conduct a 514
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criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 516
this section to determine whether any information exists that 517
indicates that the person who is the subject of the request 518
previously has been convicted of or pleaded guilty to any of the
following: 519
(a) A violation of section 2903.01, 2903.02, 2903.03, 521
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 522
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 523
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 524
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 525
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 526
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 527
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 529
violation of section 2925.11 of the Revised Code that is not a 530
minor drug possession offense; 531
(b) An existing or former law of this state, any other 533
state, or the United States that is substantially equivalent to 534
any of the offenses listed in division (A)(4)(a) of this section. 535
(5) On receipt of a request pursuant to section 3701.881 537
of the Revised Code with respect to an applicant for employment 538
with a home health agency in a position that involves providing 540
direct care to an older adult, a completed form prescribed 541
pursuant to division (C)(1) of this section, and a set of 542
fingerprint impressions obtained in the manner described in 543
division (C)(2) of this section, the superintendent of the bureau 544
of criminal identification and investigation shall conduct a 545
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 547
this section to determine whether any information exists that 548
indicates that the person who is the subject of the request 549
previously has been convicted of or pleaded guilty to any of the
following: 550
(a) A violation of section 2903.01, 2903.02, 2903.03, 553
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2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 554
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 555
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 557
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 558
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 560
2925.22, 2925.23, or 3716.11 of the Revised Code; 561
(b) An existing or former law of this state, any other 563
state, or the United States that is substantially equivalent to 564
any of the offenses listed in division (A)(5)(a) of this section. 565
(6) When conducting a criminal records check upon a 567
request pursuant to section 3319.39 of the Revised Code for an 568
applicant who is a teacher, the superintendent shall determine 569
whether any information exists that indicates that the person who 570
is the subject of the request previously has been convicted of or 571
pleaded guilty to any offense specified in section 3319.31 of the 572
Revised Code. 573
(7) Not later than thirty days after the date the 575
superintendent receives the request, completed form, and 577
fingerprint impressions, the superintendent shall send the person 578
who made the request any information, other than information the 579
dissemination of which is prohibited by federal law, the 580
superintendent determines exists with respect to the person who 581
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 583
listed or described in division (A)(1), (2), (3), (4), or (5) of 584
this section. The superintendent shall send the person who made 585
the request a copy of the list of offenses specified in division 587
(A)(1), (2), (3), (4), or (5) of this section. If the request 588
was made under section 3701.881 of the Revised Code with regard
to an applicant who may be both responsible for the care, 589
custody, or control of a child and involved in providing direct 590
care to an older adult, the superintendent shall provide a list 592
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of the offenses specified in divisions (A)(4) and (5) of this 593
section.
(B) The superintendent shall conduct any criminal records 595
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 596
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 597
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 598
follows:
(1) The superintendent shall review or cause to be 600
reviewed any relevant information gathered and compiled by the 601
bureau under division (A) of section 109.57 of the Revised Code 602
that relates to the person who is the subject of the request, 603
including any relevant information contained in records that have 604
been sealed under section 2953.32 of the Revised Code; 605
(2) If the request received by the superintendent asks for 607
information from the federal bureau of investigation, the 609
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 610
who is the subject of the request and shall review or cause to be 611
reviewed any information the superintendent receives from that 612
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 614
the information necessary to conduct a criminal records check 615
from any person for whom a criminal records check is required by 616
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 617
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 618
5126.281, or 5153.111 of the Revised Code. THE FORM THAT THE 619
SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A 620
TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND 621
ELECTRONIC FORMATS.
(2) The superintendent shall prescribe standard impression 623
sheets to obtain the fingerprint impressions of any person for 624
whom a criminal records check is required by section 173.41, 625
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 626
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 628
16
the Revised Code. Any person for whom a records check is 629
required by any of those sections shall obtain the fingerprint 630
impressions at a county sheriff's office, municipal police
department, or any other entity with the ability to make 632
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 633
entity may charge the person a reasonable fee for making the 634
impressions. THE STANDARD IMPRESSION SHEETS THAT THE 635
SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A 637
TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND 638
ELECTRONIC FORMATS.
(3) Subject to division (D) of this section, the 640
superintendent shall prescribe and charge a reasonable fee for 641
providing a criminal records check requested under section 642
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 644
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 645
5153.111 of the Revised Code. The person making a criminal 646
records request under section 173.41, 2151.86, 3301.32, 3301.541, 647
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 648
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code 650
shall pay the fee prescribed pursuant to this division. A person 651
making a request under section 3701.881 of the Revised Code for a 652
criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and 653
involved in providing direct care to an older adult shall pay one 654
fee for the request.
(D) A determination whether any information exists that 656
indicates that a person previously has been convicted of or 657
pleaded guilty to any offense listed or described in division 658
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 659
or (b), or (A)(5)(a) or (b) of this section that is made by the 660
superintendent with respect to information considered in a 661
criminal records check in accordance with this section is valid 662
for the person who is the subject of the criminal records check 663
17
for a period of one year from the date upon which the 664
superintendent makes the determination. During the period in 665
which the determination in regard to a person is valid, if 666
another request under this section is made for a criminal records 667
check for that person, the superintendent shall provide the 668
information that is the basis for the superintendent's initial 669
determination at a lower fee than the fee prescribed for the 670
initial criminal records check.
(E) As used in this section: 672
(1) "Criminal records check" means any criminal records 674
check conducted by the superintendent of the bureau of criminal 676
identification and investigation in accordance with division (B) 677
of this section.
(2) "Minor drug possession offense" has the same meaning 679
as in section 2925.01 of the Revised Code. 680
(3) "Older adult" means a person age sixty or older. 682
Sec. 109.574. (A) AS USED IN THIS SECTION: 684
(1) "CURRENT EMPLOYEE OR VOLUNTEER" MEANS ANY PERSON WHO, 686
AT THE TIME IN QUESTION AND REGARDLESS OF WHETHER THE PERSON 687
COMMENCED THE PERSON'S EMPLOYMENT OR VOLUNTEER STATUS PRIOR TO, 688
ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS EMPLOYED ON A 690
FULL-TIME OR PART-TIME BASIS, OR IS A VOLUNTEER ON A FULL-TIME OR 691
PART-TIME BASIS, IN ANY POSITION THAT ENABLES THE PERSON ON A 692
REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD.
(2) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN 695
SECTION 109.572 OF THE REVISED CODE.
(3) "UNSUPERVISED ACCESS TO A CHILD" MEANS THAT THE PERSON 698
IN QUESTION HAS ACCESS TO A CHILD AND THAT EITHER OR BOTH OF THE 699
FOLLOWING APPLY:
(a) NO OTHER PERSON OVER EIGHTEEN YEARS OF AGE IS PRESENT 702
IN THE SAME ROOM WITH THE CHILD, OR, IF OUTDOORS, NO OTHER PERSON 703
IS WITHIN A THIRTY-YARD RADIUS OF THE CHILD. 704
(b) THE PERSON IN QUESTION ESTABLISHES OR ATTEMPTS TO 706
ESTABLISH A RELATIONSHIP OF TRUST WITH THE CHILD. 707
18
(B)(1)(a) SUBJECT TO DIVISION (G) OF THIS SECTION, A 710
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 711
THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, 712
SUPERVISION, OR RECREATION TO CHILDREN SHALL REQUEST THE 713
SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND 714
INVESTIGATION TO CONDUCT, IN ACCORDANCE WITH DIVISION (F)(6) OF 715
SECTION 109.57 OF THE REVISED CODE, A CRIMINAL RECORDS CHECK WITH 716
RESPECT TO ANY CURRENT EMPLOYEE OR VOLUNTEER OF THE INSTITUTION, 717
ORGANIZATION, OR ENTITY WHO ON A REGULAR BASIS HAS UNSUPERVISED 719
ACCESS TO A CHILD IF BOTH OF THE FOLLOWING APPLY:
(i) A PARENT OR GUARDIAN OF A CHILD FOR WHOM THE 721
INSTITUTION, ORGANIZATION, OR LOCAL GOVERNMENT ENTITY PROVIDES 722
SERVICES MAKES A WRITTEN REQUEST TO THE INSTITUTION, 723
ORGANIZATION, OR ENTITY THAT A CRIMINAL RECORDS CHECK BE 724
CONDUCTED WITH RESPECT TO THAT EMPLOYEE OR VOLUNTEER. 725
(ii) THE PARENT OR GUARDIAN PAYS THE FEE IDENTIFIED IN 727
DIVISION (D) OF THIS SECTION. 728
(b) THE REQUEST FOR A CRIMINAL RECORDS CHECK THAT A 730
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 731
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY IS 732
REQUIRED TO MAKE UNDER DIVISION (B)(1)(a) OF THIS SECTION SHALL 733
CONSIST OF A REQUEST FOR THE INFORMATION A SCHOOL DISTRICT BOARD 735
OF EDUCATION MAY REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 736
109.57 OF THE REVISED CODE AND SHALL BE ACCOMPANIED BY THE FORM 737
AND STANDARD IMPRESSION SHEET PRESCRIBED BY THE BUREAU OF 738
IDENTIFICATION AND INVESTIGATION UNDER DIVISION (C) OF SECTION 739
109.572 OF THE REVISED CODE.
(c) IF THE CURRENT EMPLOYEE OR VOLUNTEER IN RELATION TO 741
WHOM A REQUEST IS TO BE MADE UNDER DIVISION (B)(1) OF THIS 743
SECTION DOES NOT PRESENT PROOF THAT THE CURRENT EMPLOYEE OR 744
VOLUNTEER HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR 746
PERIOD IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL
RECORDS CHECK IS REQUESTED OR DOES NOT PROVIDE EVIDENCE THAT 748
19
WITHIN THAT FIVE-YEAR PERIOD THE SUPERINTENDENT HAS REQUESTED 749
INFORMATION ABOUT THE CURRENT EMPLOYEE OR VOLUNTEER FROM THE 750
FEDERAL BUREAU OF INVESTIGATION IN A CRIMINAL RECORDS CHECK, THE 751
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 752
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 753
MAKING THE REQUEST SHALL REQUEST THAT THE SUPERINTENDENT OBTAIN 754
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS PART OF
THE CRIMINAL RECORDS CHECK FOR THE CURRENT EMPLOYEE OR VOLUNTEER. 755
IF THE CURRENT EMPLOYEE OR VOLUNTEER PRESENTS PROOF THAT THE 756
CURRENT EMPLOYEE OR VOLUNTEER HAS BEEN A RESIDENT OF THIS STATE 757
FOR THAT FIVE-YEAR PERIOD, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, 758
EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR 759
LOCAL GOVERNMENT ENTITY MAY REQUEST THAT THE SUPERINTENDENT 760
OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS 761
PART OF THE CRIMINAL RECORDS CHECK. 762
(d) THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL 764
IDENTIFICATION AND INVESTIGATION SHALL PERFORM A CRIMINAL RECORDS 765
CHECK REQUESTED UNDER DIVISION (B)(1)(a) OF THIS SECTION IN 766
ACCORDANCE WITH DIVISION (F)(6) OF SECTION 109.57 OF THE REVISED 767
CODE.
(2) A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 769
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 770
GOVERNMENT ENTITY REQUIRED BY DIVISION (B)(1)(a) OF THIS SECTION 771
TO REQUEST A CRIMINAL RECORDS CHECK SHALL PROVIDE TO EACH CURRENT 773
EMPLOYEE OR VOLUNTEER IN RELATION TO WHOM A REQUEST IS MADE UNDER 775
DIVISION (B)(1)(a) OF THIS SECTION FOR A CRIMINAL RECORDS CHECK A 776
COPY OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF 778
SECTION 109.572 OF THE REVISED CODE, PROVIDE TO THAT CURRENT 779
EMPLOYEE OR VOLUNTEER A STANDARD IMPRESSION SHEET TO OBTAIN 781
FINGERPRINT IMPRESSIONS PRESCRIBED PURSUANT TO DIVISION (C)(2) OF 782
THAT SECTION, OBTAIN THE COMPLETED FORM AND IMPRESSION SHEET FROM 783
THAT CURRENT EMPLOYEE OR VOLUNTEER, AND FORWARD THE COMPLETED 785
FORM AND IMPRESSION SHEET TO THE SUPERINTENDENT OF THE BUREAU OF 786
CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE TIME THE 787
20
INSTITUTION, ORGANIZATION, OR ENTITY REQUESTS A CRIMINAL RECORDS 788
CHECK PURSUANT TO DIVISION (B)(1)(a) OF THIS SECTION WITH RESPECT 790
TO THAT CURRENT EMPLOYEE OR VOLUNTEER.
(3) ANY CURRENT EMPLOYEE OR VOLUNTEER WHO RECEIVES 792
PURSUANT TO DIVISION (B)(2) OF THIS SECTION A COPY OF THE FORM 794
PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 109.572 OF THE 796
REVISED CODE AND A COPY OF AN IMPRESSION SHEET PRESCRIBED 797
PURSUANT TO DIVISION (C)(2) OF THAT SECTION AND WHO IS REQUESTED 799
TO COMPLETE THE FORM AND PROVIDE A SET OF FINGERPRINT IMPRESSIONS 800
SHALL COMPLETE THE FORM OR PROVIDE ALL OF THE INFORMATION 801
NECESSARY TO COMPLETE THE FORM AND SHALL PROVIDE THE IMPRESSION 802
SHEET WITH THE IMPRESSIONS OF THE CURRENT EMPLOYEE'S OR 803
VOLUNTEER'S FINGERPRINTS. IF A CURRENT EMPLOYEE OR VOLUNTEER, 804
UPON REQUEST, FAILS TO PROVIDE THE INFORMATION NECESSARY TO 805
COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF THE CURRENT 806
EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS, THE RELIGIOUS, 807
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 808
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY PROMPTLY 809
SHALL REMOVE THE CURRENT EMPLOYEE OR VOLUNTEER FROM ANY POSITION 810
THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS 811
TO HAVE UNSUPERVISED ACCESS TO A CHILD.
(C)(1) EXCEPT AS PROVIDED IN DIVISION (C)(3) OF THIS 813
SECTION, A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 815
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 816
GOVERNMENT ENTITY THAT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT 817
TO DIVISION (B) OF THIS SECTION PROMPTLY SHALL REMOVE THE CURRENT 818
EMPLOYEE OR VOLUNTEER IDENTIFIED IN THE REQUEST FROM ANY POSITION 819
THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS 820
TO HAVE UNSUPERVISED ACCESS TO A CHILD IF THE INFORMATION 821
REQUESTED UNDER THIS SECTION FROM THE BUREAU OF CRIMINAL
IDENTIFICATION AND INVESTIGATION INDICATES THAT THE CURRENT 822
EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED 823
GUILTY TO ANY OF THE FOLLOWING OFFENSES: 824
(a) ANY OFFENSE UNDER THE LAW OF THIS STATE THAT IS A 827
21
FELONY OR ANY OFFENSE UNDER A FORMER LAW OF THIS STATE THAT WAS A 828
FELONY AT THE TIME IT WAS COMMITTED;
(b) ANY OFFENSE COMMITTED UNDER THE LAW OF A STATE OTHER 831
THAN THIS STATE OR UNDER THE LAW OF THE UNITED STATES THAT, IF 832
COMMITTED IN THIS STATE, WOULD BE A FELONY UNDER THE LAW OF THIS 833
STATE;
(c) ANY SEXUALLY ORIENTED OFFENSE, AS DEFINED IN SECTION 836
2950.01 OF THE REVISED CODE, OTHER THAN A VIOLATION OF SECTION 837
2905.03 OF THE REVISED CODE, COMMITTED UNDER THE LAW OF THIS 839
STATE, ANOTHER STATE, OR THE UNITED STATES. 840
(2) UPON RECEIPT OF A NOTIFICATION OF THE RESULTS OF A 842
CRIMINAL RECORDS CHECK FROM THE BUREAU OF CRIMINAL IDENTIFICATION 843
AND INVESTIGATION THAT WAS REQUESTED PURSUANT TO DIVISION (B) OF 844
THIS SECTION, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 845
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 846
GOVERNMENT ENTITY THAT RECEIVES THE NOTIFICATION PROMPTLY SHALL 847
NOTIFY THE PARENT OR GUARDIAN WHO REQUESTED THE CHECK WHETHER THE 849
CHECK SHOWED, OR DID NOT SHOW, THAT THE CURRENT EMPLOYEE OR 850
VOLUNTEER WHO IS THE SUBJECT OF THE CHECK PREVIOUSLY HAS BEEN 851
CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN
DIVISION (C)(1) OF THIS SECTION. IF THE CHECK SHOWED THAT THE 853
CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR 854
PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, THE NOTIFICATION 855
TO THE PARENT OR GUARDIAN SHALL STATE THE FACT OF THE CONVICTION 856
OR GUILTY PLEA BUT SHALL NOT IDENTIFY THE OFFENSE OR OFFENSES. 857
IF THE CURRENT EMPLOYEE OR VOLUNTEER WAS HIRED OR ACCEPTED AS A 858
VOLUNTEER TO THE POSITION THAT ENABLES THE CURRENT EMPLOYEE OR 859
VOLUNTEER ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A 860
CHILD AS A RESULT OF THE CURRENT EMPLOYEE OR VOLUNTEER SATISFYING 861
APPLICABLE REHABILITATION STANDARDS OR PERSONAL CHARACTER 862
STANDARDS ADOPTED BY THE APPROPRIATE REGULATORY ENTITY AS 863
DESCRIBED IN DIVISION (C)(3) OF THIS SECTION, THE NOTIFICATION 864
ALSO SHALL STATE THAT FACT AND THAT THE LAW DOES NOT REQUIRE THE 865
REMOVAL OF THE CURRENT OFFICER OR EMPLOYEE FROM THE POSITION THAT 867
22
ENABLES THE CURRENT OFFICER OR EMPLOYEE ON A REGULAR BASIS TO 868
HAVE UNSUPERVISED ACCESS TO A CHILD. IF THE PARENT OR GUARDIAN
OF MORE THAN ONE CHILD REQUESTED A CHECK REGARDING THE SAME 869
CURRENT EMPLOYEE OR VOLUNTEER, THE INSTITUTION, ORGANIZATION, OR 870
ENTITY SHALL PROVIDE THE NOTIFICATION UNDER THIS DIVISION TO EACH 871
REQUESTING PARENT OR GUARDIAN. THIS SECTION DOES NOT REQUIRE THE 873
INSTITUTION, ORGANIZATION, OR ENTITY TO TRANSFER, TERMINATE THE 874
EMPLOYMENT OR VOLUNTEER STATUS, OR IMPOSE ANY OTHER SANCTION,
OTHER THAN THE SANCTION DESCRIBED IN DIVISION (C)(1) OF THIS 875
SECTION, AGAINST A CURRENT EMPLOYEE OR VOLUNTEER WHO IS THE 876
SUBJECT OF A CRIMINAL RECORDS CHECK IF THE CHECK SHOWED THAT THE 877
CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR 878
PLEADED GUILTY TO ONE OR MORE OF THE OFFENSES LISTED IN DIVISION 879
(C)(1) OF THIS SECTION. 880
(3) A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 882
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 883
GOVERNMENT ENTITY THAT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT 884
TO DIVISION (B) OF THIS SECTION AND THAT RECEIVES INFORMATION 885
FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION 886
PURSUANT TO THE REQUEST THAT INDICATES THAT THE CURRENT EMPLOYEE 887
OR VOLUNTEER IDENTIFIED IN THE REQUEST PREVIOUSLY HAS BEEN 888
CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE IDENTIFIED IN 889
DIVISION (C)(1) OF THIS SECTION IS NOT REQUIRED TO REMOVE THE 890
CURRENT EMPLOYEE OR VOLUNTEER FROM A POSITION THAT ENABLES THE 891
CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS TO HAVE 892
UNSUPERVISED ACCESS TO A CHILD IF THE CURRENT EMPLOYEE OR 894
VOLUNTEER WAS HIRED OR ACCEPTED AS A VOLUNTEER FOR THAT POSITION 895
AS A RESULT OF THE CURRENT OFFICER OR EMPLOYEE SATISFYING 896
APPLICABLE REHABILITATION STANDARDS OR PERSONAL CHARACTER 897
STANDARDS ADOPTED BY THE APPROPRIATE REGULATORY ENTITY PURSUANT 898
TO DIVISION (E) OF SECTION 2151.86, 3301.32, 3301.541, 3319.39, 899
5104.012, OR 5153.111 OF THE REVISED CODE, DIVISION (F) OF 900
SECTION 173.41, 3701.881, 3712.09, 3721.121, OR 3722.151 OF THE
REVISED CODE, DIVISION (G) OF SECTION 5104.013 OF THE REVISED 901
23
CODE, OR DIVISION (M) OF SECTION 5126.28 OF THE REVISED CODE. 902
(D)(1) A WRITTEN REQUEST FOR A CRIMINAL RECORDS CHECK 905
SUBMITTED BY A PARENT OR GUARDIAN UNDER DIVISION (B) OF THIS 906
SECTION MAY IDENTIFY MORE THAN ONE CURRENT EMPLOYEE OR VOLUNTEER 907
FOR WHOM THE CHECK IS REQUESTED. 908
(2) IF A PARENT OR GUARDIAN OF A CHILD SUBMITS A WRITTEN 910
REQUEST UNDER DIVISION (B) OF THIS SECTION FOR A CRIMINAL RECORDS 912
CHECK OF ANY CURRENT EMPLOYEE OR VOLUNTEER, THE PARENT OR 913
GUARDIAN, AT THE TIME OF SUBMITTING THE REQUEST, SHALL PAY TO THE 914
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 915
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY TO 916
WHICH THE REQUEST WAS SUBMITTED THE FEE, IF ANY, PRESCRIBED 917
PURSUANT TO DIVISION (I) OF SECTION 109.57 OF THE REVISED CODE. 919
THE PARENT OR GUARDIAN SHALL PAY A SEPARATE FEE FOR EACH WRITTEN 920
REQUEST SO SUBMITTED OR, IF MORE THAN ONE CURRENT EMPLOYEE OR 921
VOLUNTEER IS IDENTIFIED ON A WRITTEN REQUEST SO SUBMITTED, FOR 922
EACH CURRENT EMPLOYEE OR VOLUNTEER SO IDENTIFIED ON THE WRITTEN 923
REQUEST. THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 924
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 925
GOVERNMENT ENTITY TO WHICH THE REQUEST WAS SUBMITTED SHALL 926
FORWARD EACH FEE PAID IN RELATION TO THE REQUEST TO THE BUREAU OF 927
CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE SAME TIME THAT 928
THE INSTITUTION, ORGANIZATION, OR ENTITY REQUESTS THE 929
SUPERINTENDENT OF THE BUREAU, PURSUANT TO DIVISION (B) OF THIS 930
SECTION, TO CONDUCT A CRIMINAL RECORDS CHECK OF THE CURRENT 931
EMPLOYEES OR VOLUNTEERS IDENTIFIED IN THE REQUEST. 932
(E) THE REPORT OF ANY CRIMINAL RECORDS CHECK CONDUCTED BY 935
THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION PURSUANT 937
TO A REQUEST MADE UNDER DIVISION (B) OF THIS SECTION IS NOT A 938
PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED 940
CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OTHER THAN THE 941
CURRENT EMPLOYEE OR VOLUNTEER TO WHOM IT PERTAINS, THE RELIGIOUS, 942
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 943
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUESTING 944
24
THE CRIMINAL RECORDS CHECK, AND ANY COURT, HEARING OFFICER, OR 945
OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE 946
CURRENT EMPLOYEE OR VOLUNTEER. THIS DIVISION DOES NOT LIMIT OR 947
RESTRICT THE PROVISION OF INFORMATION PURSUANT TO DIVISION (C)(2) 948
OR (G)(2) OF THIS SECTION TO A PARENT OR GUARDIAN WHO MADE A 950
REQUEST FOR A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEE OR 951
VOLUNTEER.
(F) AT THE TIME OF A PERSON'S INITIAL APPLICATION TO ANY 953
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 955
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 956
FOR APPOINTMENT OR EMPLOYMENT ON A FULL-TIME OR PART-TIME BASIS, 957
OR AS A VOLUNTEER ON A FULL-TIME OR PART-TIME BASIS, IN ANY 958
POSITION THAT WILL ENABLE THE PERSON ON A REGULAR BASIS TO HAVE 959
UNSUPERVISED ACCESS TO A CHILD, THE INSTITUTION, ORGANIZATION, OR 960
ENTITY SHALL INFORM THE PERSON THAT, IF THE PERSON IS APPOINTED 961
OR EMPLOYED TO OR ACCEPTED AS A VOLUNTEER IN THE POSITION, THE 962
PERSON SUBSEQUENTLY MIGHT BE REQUIRED TO PROVIDE A SET OF 963
IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND A CRIMINAL RECORDS 964
CHECK SUBSEQUENTLY MIGHT BE CONDUCTED WITH RESPECT TO THE PERSON
IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION. NOT LATER THAN 966
THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH 967
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 968
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 969
THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, 970
SUPERVISION, OR RECREATION TO CHILDREN SHALL NOTIFY EACH CURRENT 971
EMPLOYEE OR VOLUNTEER THAT THE CURRENT EMPLOYEE OR VOLUNTEER 972
SUBSEQUENTLY MIGHT BE REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF 973
THE CURRENT EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS AND THAT A 975
CRIMINAL RECORDS CHECK SUBSEQUENTLY MIGHT BE CONDUCTED WITH
RESPECT TO THE CURRENT EMPLOYEE OR VOLUNTEER IN ACCORDANCE WITH 976
DIVISION (B) OF THIS SECTION. 977
(G)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY 981
REGARDING ANY CURRENT EMPLOYEE OR VOLUNTEER OF A RELIGIOUS, 982
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 983
25
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT 984
PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION,
SUPERVISION, OR RECREATION TO CHILDREN IF, WITHIN THE 985
TWELVE-MONTH PERIOD PRECEDING THE MAKING OF A REQUEST BY A PARENT 986
OR GUARDIAN FOR A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEE 987
OR VOLUNTEER PURSUANT TO DIVISION (B) OF THIS SECTION, EITHER OF 988
THE FOLLOWING OCCURRED: 989
(a) THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 992
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 993
GOVERNMENT ENTITY REQUESTED A CRIMINAL RECORDS CHECK REGARDING 994
THE CURRENT EMPLOYEE OR VOLUNTEER UNDER SECTION 2151.86, 3301.32, 995
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, OR 5153.111 OF 996
THE REVISED CODE, AND THE CRIMINAL RECORDS CHECK DID NOT REVEAL 998
ANY PRIOR CONVICTION OF OR PLEA OF GUILTY TO AN OFFENSE LISTED IN 999
DIVISION (C)(1) OF THIS SECTION. 1,000
(b) THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 1,003
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 1,004
GOVERNMENT ENTITY REQUESTED A CRIMINAL RECORDS CHECK REGARDING 1,005
THE CURRENT EMPLOYEE OR VOLUNTEER UNDER DIVISION (B) OF THIS 1,006
SECTION, AND THE CRIMINAL RECORDS CHECK DID NOT REVEAL ANY PRIOR 1,007
CONVICTION OF OR PLEA OF GUILTY TO AN OFFENSE LISTED IN DIVISION 1,008
(C)(1) OF THIS SECTION. 1,009
(2) IF A PARENT OR GUARDIAN OF A CHILD MAKES A WRITTEN 1,011
REQUEST PURSUANT TO DIVISION (B) OF THIS SECTION FOR A CRIMINAL 1,013
RECORDS CHECK OF A CURRENT EMPLOYEE OR VOLUNTEER OF A RELIGIOUS, 1,014
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 1,015
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT 1,016
PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION,
SUPERVISION, OR RECREATION TO CHILDREN, AND IF, PURSUANT TO 1,017
DIVISION (G)(1) OF THIS SECTION, DIVISIONS (B) AND (C) OF THIS 1,019
SECTION DO NOT APPLY REGARDING THE CURRENT EMPLOYEE OR VOLUNTEER, 1,020
THE INSTITUTION, ORGANIZATION, OR ENTITY IS NOT REQUIRED TO 1,021
REQUEST THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL 1,022
IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL RECORDS 1,023
26
CHECK WITH RESPECT TO THAT CURRENT EMPLOYEE OR VOLUNTEER, BUT THE 1,024
INSTITUTION, ORGANIZATION, OR ENTITY PROMPTLY SHALL NOTIFY THE 1,025
PARENT OR GUARDIAN WHO REQUESTED THE CHECK THAT A PRIOR CHECK 1,026
CONDUCTED WITHIN THE PRECEDING TWELVE MONTHS DID NOT SHOW THAT 1,027
THE CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED 1,028
OF OR PLEADED GUILTY TO ANY OFFENSE LISTED IN DIVISION (C)(1) OF 1,030
THIS SECTION.
Section 2. That existing sections 109.57 and 109.572 of 1,032
the Revised Code are hereby repealed. 1,033