As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 187 5
1999-2000 6
SENATORS JOHNSON-WHITE-CUPP-WATTS-LATTA-SPADA-CARNES-RAY- 8
HOTTINGER-ARMBRUSTER-MUMPER-WACHTMANN-KEARNS-HORN-GARDNER- 9
BLESSING-NEIN-DRAKE-OELSLAGER-SCHAFRATH-ESPY-LATELL- 10
DiDONATO-HAGAN 11
_________________________________________________________________ 13
A B I L L
To amend sections 109.57 and 109.572 and to enact 15
section 109.574 of the Revised Code to provide, 16
upon the request of a child's parent or guardian, 17
for BCII criminal records checks regarding any 18
person who is an employee or volunteer of a 19
specified type of institution, organization, or
local government entity that provides specified 20
services to children and who regularly has 21
unsupervised access to a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 109.57 and 109.572 be amended and 25
section 109.574 of the Revised Code be enacted to read as 26
follows: 27
Sec. 109.57. (A)(1) The superintendent of the bureau of 36
criminal identification and investigation shall procure from 37
wherever procurable and file for record photographs, pictures, 39
descriptions, fingerprints, measurements, and other information 40
that may be pertinent of all persons who have been convicted of 41
committing within this state a felony, any crime constituting a 43
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 45
section 109.572 of the Revised Code, of all children under 46
eighteen years of age who have been adjudicated delinquent 47
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children for committing within this state an act that would be a 48
felony or an offense of violence if committed by an adult or who 49
have been convicted of or pleaded guilty to committing within 51
this state a felony or an offense of violence, and of all 52
well-known and habitual criminals. The person in charge of any 54
county, multicounty, municipal, municipal-county, or 55
multicounty-municipal jail or workhouse, community-based 56
correctional facility, halfway house, alternative residential 57
facility, or state correctional institution and the person in 58
charge of any state institution having custody of a person 59
suspected of having committed a felony, any crime constituting a 61
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 63
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 64
probable cause to believe that the child may have committed an 66
act that would be a felony or an offense of violence if committed 68
by an adult shall furnish such material to the superintendent of 70
the bureau. Fingerprints, photographs, or other descriptive 72
information of a child who is under eighteen years of age, has 73
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 75
committed by an adult, has not been adjudicated a delinquent 76
child for committing an act that would be a felony or an offense 77
of violence if committed by an adult, has not been convicted of 78
or pleaded guilty to committing a felony or an offense of 81
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 83
act that would be a felony or an offense of violence if committed 85
by an adult shall not be procured by the superintendent or 86
furnished by any person in charge of any county, multicounty, 88
municipal, municipal-county, or multicounty-municipal jail or 89
workhouse, community-based correctional facility, halfway house, 90
alternative residential facility, or state correctional 91
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institution, except as authorized in section 2151.313 of the 92
Revised Code.
(2) Every clerk of a court of record in this state, other 95
than the supreme court or a court of appeals, shall send to the 96
superintendent of the bureau a weekly report containing a summary 98
of each case involving a felony, involving any crime constituting 99
a misdemeanor on the first offense and a felony on subsequent 101
offenses, involving a misdemeanor described in division (A)(1)(a) 102
of section 109.572 of the Revised Code, or involving an 103
adjudication in a case in which a child under eighteen years of 104
age was alleged to be a delinquent child for committing an act 107
that would be a felony or an offense of violence if committed by 108
an adult. The clerk of the court of common pleas shall include 110
in the report and summary the clerk sends under this division all 111
information described in divisions (A)(2)(a) to (f) of this 112
section regarding a case before the court of appeals that is 113
served by that clerk. The summary shall be written on the 114
standard forms furnished by the superintendent pursuant to 116
division (B) of this section and shall include the following 117
information:
(a) The incident tracking number contained on the standard 119
forms furnished by the superintendent pursuant to division (B) of 120
this section; 121
(b) The style and number of the case; 123
(c) The date of arrest; 125
(d) The date that the person was convicted of or pleaded 127
guilty to the offense, adjudicated a delinquent child for 128
committing the act that would be a felony or an offense of 131
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 132
act that would be a felony or an offense of violence if committed 135
by an adult, the date of an entry dismissing the charge, an entry 137
declaring a mistrial of the offense in which the person is 138
discharged, an entry finding that the person or child is not
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competent to stand trial, or an entry of a nolle prosequi, or the 139
date of any other determination that constitutes final resolution 140
of the case;
(e) A statement of the original charge with the section of 142
the Revised Code that was alleged to be violated; 143
(f) If the person or child was convicted, pleaded guilty, 145
or was adjudicated a delinquent child, the sentence or terms of 147
probation imposed or any other disposition of the offender or the 148
delinquent child.
If the offense involved the disarming of a law enforcement 150
officer or an attempt to disarm a law enforcement officer, the 151
clerk shall clearly state that fact in the summary, and the 152
superintendent shall ensure that a clear statement of that fact 153
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 155
sheriffs, chiefs of police, and other law enforcement officers in 157
the establishment of a complete system of criminal identification 158
and in obtaining fingerprints and other means of identification 159
of all persons arrested on a charge of a felony, any crime 160
constituting a misdemeanor on the first offense and a felony on 161
subsequent offenses, or a misdemeanor described in division 162
(A)(1)(a) of section 109.572 of the Revised Code and of all 163
children under eighteen years of age arrested or otherwise taken 165
into custody for committing an act that would be a felony or an 167
offense of violence if committed by an adult. The superintendent 169
also shall file for record the fingerprint impressions of all 170
persons confined in a county, multicounty, municipal, 171
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 173
residential facility, or state correctional institution for the 174
violation of state laws and of all children under eighteen years 176
of age who are confined in a county, multicounty, municipal, 177
municipal-county, or multicounty-municipal jail or workhouse, 178
community-based correctional facility, halfway house, alternative 179
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residential facility, or state correctional institution or in any 181
facility for delinquent children for committing an act that would 183
be a felony or an offense of violence if committed by an adult, 184
and any other information that the superintendent may receive 186
from law enforcement officials of the state and its political 187
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 189
the Revised Code with respect to the registration of persons who 192
are convicted of or plead guilty to a sexually oriented offense 193
and with respect to all other duties imposed on the bureau under 194
that chapter.
(B) The superintendent shall prepare and furnish to every 196
county, multicounty, municipal, municipal-county, or 197
multicounty-municipal jail or workhouse, community-based 198
correctional facility, halfway house, alternative residential 199
facility, or state correctional institution and to every clerk of 200
a court in this state specified in division (A)(2) of this 201
section standard forms for reporting the information required 202
under division (A) of this section. The standard forms that the 204
superintendent prepares pursuant to this division may be in a 205
tangible format, in an electronic format, or in both tangible 206
formats and electronic formats.
(C) The superintendent may operate a center for 208
electronic, automated, or other data processing for the storage 209
and retrieval of information, data, and statistics pertaining to 210
criminals and to children under eighteen years of age who are 211
adjudicated delinquent children for committing an act that would 213
be a felony or an offense of violence if committed by an adult, 214
criminal activity, crime prevention, law enforcement, and 217
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 218
data, and statistics for the use of law enforcement agencies. 219
The superintendent may gather, store, retrieve, and disseminate 221
information, data, and statistics that pertain to children who
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are under eighteen years of age and that are gathered pursuant to 222
sections 109.57 to 109.61 of the Revised Code together with 223
information, data, and statistics that pertain to adults and that 224
are gathered pursuant to those sections. 225
(D) The information and materials furnished to the 227
superintendent pursuant to division (A) of this section and 228
information and materials furnished to any board or person under 229
division (F) or (G) of this section are not public records under 230
section 149.43 of the Revised Code. 231
(E) The attorney general shall adopt rules, in accordance 233
with Chapter 119. of the Revised Code, setting forth the 234
procedure by which a person may receive or release information 235
gathered by the superintendent pursuant to division (A) of this 237
section. A reasonable fee may be charged for this service. If a 238
temporary employment service submits a request for a 239
determination of whether a person the service plans to refer to 240
an employment position has been convicted of or pleaded guilty to 241
an offense listed in division (A)(1), (3), (4), or (5) of section 242
109.572 of the Revised Code, the request shall be treated as a 243
single request and only one fee shall be charged. 244
(F)(1) As used in division (F)(2) of this section, "head 246
start agency" means an entity in this state that has been 247
approved to be an agency for purposes of subchapter II of the 248
"Community Economic Development Act," 95 Stat. 489 (1981), 42 249
U.S.C.A. 9831, as amended. 250
(2)(a) In addition to or in conjunction with any request 252
that is required to be made under section 109.572, 2151.86, 253
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 254
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 255
education of any school district; any county board of mental 256
retardation and developmental disabilities; any entity under 257
contract with a county board of mental retardation and 258
developmental disabilities; the chief administrator of any 259
chartered nonpublic school; the chief administrator of any home 260
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health agency; the chief administrator of or person operating any 261
child day-care center, type A family day-care home, or type B 262
family day-care home licensed or certified under Chapter 5104. of 263
the Revised Code; the administrator of any type C family day-care 264
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 265
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 266
general assembly; the chief administrator of any head start 267
agency; or the executive director of a public children services 268
agency may request that the superintendent of the bureau 269
investigate and determine, with respect to any individual who has 270
applied for employment in any position after October 2, 1989, or 271
any individual wishing to apply for employment with a board of 272
education may request, with regard to the individual, whether the 274
bureau has any information gathered under division (A) of this 275
section that pertains to that individual. On receipt of the 276
request, the superintendent shall determine whether that 277
information exists and, upon request of the person, board, or 278
entity requesting information, also shall request from the 279
federal bureau of investigation any criminal records it has 280
pertaining to that individual. Within thirty days of the date 281
that the superintendent receives a request, the superintendent 283
shall send to the board, entity, or person a report of any 284
information that the superintendent determines exists, including 286
information contained in records that have been sealed under 287
section 2953.32 of the Revised Code, and, within thirty days of 288
its receipt, shall send the board, entity, or person a report of 289
any information received from the federal bureau of 290
investigation, other than information the dissemination of which 291
is prohibited by federal law.
(b) When a board of education is required to receive 293
information under this section as a prerequisite to employment of 294
an individual pursuant to section 3319.39 of the Revised Code, it 295
may accept a certified copy of records that were issued by the 297
bureau of criminal identification and investigation and that are
8
presented by an individual applying for employment with the 298
district in lieu of requesting that information itself. In such 299
a case, the board shall accept the certified copy issued by the 300
bureau in order to make a photocopy of it for that individual's 301
employment application documents and shall return the certified 302
copy to the individual. In a case of that nature, a district 303
only shall accept a certified copy of records of that nature 304
within one year after the date of their issuance by the bureau. 306
(3) The state board of education may request, with respect 308
to any individual who has applied for employment after October 2, 309
1989, in any position with the state board or the department of 310
education, any information that a school district board of 311
education is authorized to request under division (F)(2) of this 313
section, and the superintendent of the bureau shall proceed as if 314
the request has been received from a school district board of 315
education under division (F)(2) of this section. 316
(4) When the superintendent of the bureau receives a 318
request for information that is authorized under section 3319.291 319
of the Revised Code, the superintendent shall proceed as if the 320
request has been received from a school district board of 321
education under division (F)(2) of this section. 322
(5) When a recipient of an OhioReads classroom or 325
community reading grant paid under section 3301.86 or 3301.87 of 327
the Revised Code or an entity approved by the OhioReads council 329
requests, with respect to any individual who applies to 330
participate in providing any program or service through an entity 332
approved by the OhioReads council or funded in whole or in part 335
by the grant, the information that a school district board of
education is authorized to request under division (F)(2)(a) of 337
this section, the superintendent of the bureau shall proceed as 338
if the request has HAD been received from a school district board 340
of education under division (F)(2)(a) of this section. 341
(6) WHEN A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 343
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 344
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GOVERNMENT ENTITY REQUESTS, PURSUANT TO SECTION 109.574 OF THE 345
REVISED CODE AND WITH RESPECT TO ANY CURRENT EMPLOYEE OR 346
VOLUNTEER OF THE INSTITUTION, ORGANIZATION, OR ENTITY AS
DESCRIBED IN THAT SECTION, THE INFORMATION THAT A SCHOOL DISTRICT 347
BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER DIVISION 348
(F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE BUREAU SHALL 349
PROCEED AS IF THE REQUEST HAD BEEN RECEIVED FROM A SCHOOL 350
DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF THIS 351
SECTION, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE BY SECTION 352
109.574 OF THE REVISED CODE.
(G) In addition to or in conjunction with any request that 355
is required to be made under section 173.41, 3701.881, 3712.09, 356
3721.121, or 3722.151 of the Revised Code with respect to an 358
individual who has applied for employment in a position that 359
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 360
the PASSPORT program created under section 173.40 of the Revised 361
Code, home health agency, hospice care program, home licensed 363
under Chapter 3721. of the Revised Code, adult day-care program 364
operated pursuant to rules adopted under section 3721.04 of the 365
Revised Code, or adult care facility may request that the 367
superintendent of the bureau investigate and determine, with 368
respect to any individual who has applied after January 27, 1997, 370
for employment in a position that does not involve providing 371
direct care to an older adult, whether the bureau has any 372
information gathered under division (A) of this section that 373
pertains to that individual. On receipt of the request, the 374
superintendent shall determine whether that information exists 375
and, on request of the administrator requesting information, 376
shall also request from the federal bureau of investigation any 377
criminal records it has pertaining to that individual. Within 378
thirty days of the date a request is received, the superintendent 379
shall send to the administrator a report of any information 381
determined to exist, including information contained in records 382
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that have been sealed under section 2953.32 of the Revised Code, 383
and, within thirty days of its receipt, shall send the 384
administrator a report of any information received from the 385
federal bureau of investigation, other than information the 386
dissemination of which is prohibited by federal law. 387
(H) Information obtained by a board, administrator, or 390
other person under this section is confidential and shall not be 391
released or disseminated.
(I) The superintendent may charge a reasonable fee for 393
providing information or criminal records under division (F)(2) 394
or (G) of this section. 395
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 404
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 405
5104.013, or 5153.111 of the Revised Code, a completed form 407
prescribed pursuant to division (C)(1) of this section, and a set 408
of fingerprint impressions obtained in the manner described in 409
division (C)(2) of this section, the superintendent of the bureau 410
of criminal identification and investigation shall conduct a 411
criminal records check in the manner described in division (B) of 412
this section to determine whether any information exists that 413
indicates that the person who is the subject of the request 414
previously has been convicted of or pleaded guilty to any of the 415
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 417
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 418
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 420
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 421
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 422
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 423
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 424
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 425
Code, a violation of section 2905.04 of the Revised Code as it 426
existed prior to July 1, 1996, a violation of section 2919.23 of 427
11
the Revised Code that would have been a violation of section 429
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 430
violation of section 2925.11 of the Revised Code that is not a 431
minor drug possession offense; 432
(b) A violation of an existing or former law of this 434
state, any other state, or the United States that is 435
substantially equivalent to any of the offenses listed in 436
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5126.28 of 439
the Revised Code with respect to an applicant for employment in 441
any position with a county board of mental retardation and 442
developmental disabilities or pursuant to section 5126.281 of the 443
Revised Code with respect to an applicant for employment in a 445
position with an entity contracting with a county board for 446
employment in a position that involves providing service directly 447
to individuals with mental retardation and developmental 448
disabilities, a completed form prescribed pursuant to division 449
(C)(1) of this section, and a set of fingerprint impressions 451
obtained in the manner described in division (C)(2) of this 452
section, the superintendent of the bureau of criminal 453
identification and investigation shall conduct a criminal records 455
check. The superintendent shall conduct the criminal records 456
check in the manner described in division (B) of this section to 457
determine whether any information exists that indicates that the 458
person who is the subject of the request has been convicted of or 460
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 463
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 464
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 465
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 466
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 467
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 468
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 469
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or 3716.11 of the Revised Code; 470
(b) An existing or former law of this state, any other 473
state, or the United States that is substantially equivalent to 474
any of the offenses listed in division (A)(2)(a) of this section. 475
(3) On receipt of a request pursuant to section 173.41, 477
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 479
form prescribed pursuant to division (C)(1) of this section, and 480
a set of fingerprint impressions obtained in the manner described 481
in division (C)(2) of this section, the superintendent of the 483
bureau of criminal identification and investigation shall conduct 484
a criminal records check with respect to any person who has 485
applied for employment in a position that involves providing 486
direct care to an older adult. The superintendent shall conduct 487
the criminal records check in the manner described in division 488
(B) of this section to determine whether any information exists 490
that indicates that the person who is the subject of the request 491
previously has been convicted of or pleaded guilty to any of the 492
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 495
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 496
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, 497
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 499
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, 500
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 502
2925.22, 2925.23, or 3716.11 of the Revised Code; 503
(b) An existing or former law of this state, any other 506
state, or the United States that is substantially equivalent to 507
any of the offenses listed in division (A)(3)(a) of this section. 508
(4) On receipt of a request pursuant to section 3701.881 510
of the Revised Code with respect to an applicant for employment 512
with a home health agency as a person responsible for the care, 513
custody, or control of a child, a completed form prescribed 514
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pursuant to division (C)(1) of this section, and a set of 515
fingerprint impressions obtained in the manner described in 516
division (C)(2) of this section, the superintendent of the bureau 517
of criminal identification and investigation shall conduct a 518
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 520
this section to determine whether any information exists that 521
indicates that the person who is the subject of the request 522
previously has been convicted of or pleaded guilty to any of the
following: 523
(a) A violation of section 2903.01, 2903.02, 2903.03, 525
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 526
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 527
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 528
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 529
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 530
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 531
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 533
violation of section 2925.11 of the Revised Code that is not a 534
minor drug possession offense; 535
(b) An existing or former law of this state, any other 537
state, or the United States that is substantially equivalent to 538
any of the offenses listed in division (A)(4)(a) of this section. 539
(5) On receipt of a request pursuant to section 3701.881 541
of the Revised Code with respect to an applicant for employment 542
with a home health agency in a position that involves providing 544
direct care to an older adult, a completed form prescribed 545
pursuant to division (C)(1) of this section, and a set of 546
fingerprint impressions obtained in the manner described in 547
division (C)(2) of this section, the superintendent of the bureau 548
of criminal identification and investigation shall conduct a 549
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 551
this section to determine whether any information exists that 552
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indicates that the person who is the subject of the request 553
previously has been convicted of or pleaded guilty to any of the
following: 554
(a) A violation of section 2903.01, 2903.02, 2903.03, 557
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 558
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, 559
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 561
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, 562
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 564
2925.22, 2925.23, or 3716.11 of the Revised Code; 565
(b) An existing or former law of this state, any other 567
state, or the United States that is substantially equivalent to 568
any of the offenses listed in division (A)(5)(a) of this section. 569
(6) When conducting a criminal records check upon a 571
request pursuant to section 3319.39 of the Revised Code for an 572
applicant who is a teacher, the superintendent shall determine 573
whether any information exists that indicates that the person who 574
is the subject of the request previously has been convicted of or 575
pleaded guilty to any offense specified in section 3319.31 of the 576
Revised Code. 577
(7) Not later than thirty days after the date the 579
superintendent receives the request, completed form, and 581
fingerprint impressions, the superintendent shall send the person 582
who made the request any information, other than information the 583
dissemination of which is prohibited by federal law, the 584
superintendent determines exists with respect to the person who 585
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 587
listed or described in division (A)(1), (2), (3), (4), or (5) of 588
this section. The superintendent shall send the person who made 589
the request a copy of the list of offenses specified in division 591
(A)(1), (2), (3), (4), or (5) of this section. If the request 592
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was made under section 3701.881 of the Revised Code with regard
to an applicant who may be both responsible for the care, 593
custody, or control of a child and involved in providing direct 594
care to an older adult, the superintendent shall provide a list 596
of the offenses specified in divisions (A)(4) and (5) of this 597
section.
(B) The superintendent shall conduct any criminal records 599
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 600
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 601
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 602
follows:
(1) The superintendent shall review or cause to be 604
reviewed any relevant information gathered and compiled by the 605
bureau under division (A) of section 109.57 of the Revised Code 606
that relates to the person who is the subject of the request, 607
including any relevant information contained in records that have 608
been sealed under section 2953.32 of the Revised Code; 609
(2) If the request received by the superintendent asks for 611
information from the federal bureau of investigation, the 613
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 614
who is the subject of the request and shall review or cause to be 615
reviewed any information the superintendent receives from that 616
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 618
the information necessary to conduct a criminal records check 619
from any person for whom a criminal records check is required by 620
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 621
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 622
5126.281, or 5153.111 of the Revised Code. THE FORM THAT THE 623
SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A 624
TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND 625
ELECTRONIC FORMATS.
(2) The superintendent shall prescribe standard impression 627
16
sheets to obtain the fingerprint impressions of any person for 628
whom a criminal records check is required by section 173.41, 629
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 630
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 632
the Revised Code. Any person for whom a records check is 633
required by any of those sections shall obtain the fingerprint 634
impressions at a county sheriff's office, municipal police
department, or any other entity with the ability to make 636
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 637
entity may charge the person a reasonable fee for making the 638
impressions. THE STANDARD IMPRESSION SHEETS THAT THE 639
SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A 641
TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND 642
ELECTRONIC FORMATS.
(3) Subject to division (D) of this section, the 644
superintendent shall prescribe and charge a reasonable fee for 645
providing a criminal records check requested under section 646
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 648
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 649
5153.111 of the Revised Code. The person making a criminal 650
records request under section 173.41, 2151.86, 3301.32, 3301.541, 651
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 652
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code 654
shall pay the fee prescribed pursuant to this division. A person 655
making a request under section 3701.881 of the Revised Code for a 656
criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and 657
involved in providing direct care to an older adult shall pay one 658
fee for the request.
(D) A determination whether any information exists that 660
indicates that a person previously has been convicted of or 661
pleaded guilty to any offense listed or described in division 662
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 663
17
or (b), or (A)(5)(a) or (b) of this section that is made by the 664
superintendent with respect to information considered in a 665
criminal records check in accordance with this section is valid 666
for the person who is the subject of the criminal records check 667
for a period of one year from the date upon which the 668
superintendent makes the determination. During the period in 669
which the determination in regard to a person is valid, if 670
another request under this section is made for a criminal records 671
check for that person, the superintendent shall provide the 672
information that is the basis for the superintendent's initial 673
determination at a lower fee than the fee prescribed for the 674
initial criminal records check.
(E) As used in this section: 676
(1) "Criminal records check" means any criminal records 678
check conducted by the superintendent of the bureau of criminal 680
identification and investigation in accordance with division (B) 681
of this section.
(2) "Minor drug possession offense" has the same meaning 683
as in section 2925.01 of the Revised Code. 684
(3) "Older adult" means a person age sixty or older. 686
Sec. 109.574. (A) AS USED IN THIS SECTION: 688
(1) "CURRENT EMPLOYEE OR VOLUNTEER" MEANS ANY PERSON WHO, 690
AT THE TIME IN QUESTION AND REGARDLESS OF WHETHER THE PERSON 691
COMMENCED THE PERSON'S EMPLOYMENT OR VOLUNTEER STATUS PRIOR TO, 692
ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS EMPLOYED ON A 694
FULL-TIME OR PART-TIME BASIS, OR IS A VOLUNTEER ON A FULL-TIME OR 695
PART-TIME BASIS, IN ANY POSITION THAT ENABLES THE PERSON ON A 696
REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD.
(2) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN 699
SECTION 109.572 OF THE REVISED CODE.
(3) "UNSUPERVISED ACCESS TO A CHILD" MEANS THAT THE PERSON 702
IN QUESTION HAS ACCESS TO A CHILD AND THAT EITHER OR BOTH OF THE 703
FOLLOWING APPLY:
(a) NO OTHER PERSON OVER EIGHTEEN YEARS OF AGE IS PRESENT 706
18
IN THE SAME ROOM WITH THE CHILD, OR, IF OUTDOORS, NO OTHER PERSON 707
IS WITHIN A THIRTY-YARD RADIUS OF THE CHILD. 708
(b) THE PERSON IN QUESTION ESTABLISHES OR ATTEMPTS TO 710
ESTABLISH A RELATIONSHIP OF TRUST WITH THE CHILD. 711
(B)(1)(a) SUBJECT TO DIVISION (G) OF THIS SECTION, A 714
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 715
THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, 716
SUPERVISION, OR RECREATION TO CHILDREN SHALL REQUEST THE 717
SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND 718
INVESTIGATION TO CONDUCT, IN ACCORDANCE WITH DIVISION (F)(6) OF 719
SECTION 109.57 OF THE REVISED CODE, A CRIMINAL RECORDS CHECK WITH 720
RESPECT TO ANY CURRENT EMPLOYEE OR VOLUNTEER OF THE INSTITUTION, 721
ORGANIZATION, OR ENTITY WHO ON A REGULAR BASIS HAS UNSUPERVISED 723
ACCESS TO A CHILD IF BOTH OF THE FOLLOWING APPLY:
(i) A PARENT OR GUARDIAN OF A CHILD FOR WHOM THE 725
INSTITUTION, ORGANIZATION, OR LOCAL GOVERNMENT ENTITY PROVIDES 726
SERVICES MAKES A WRITTEN REQUEST TO THE INSTITUTION, 727
ORGANIZATION, OR ENTITY THAT A CRIMINAL RECORDS CHECK BE 728
CONDUCTED WITH RESPECT TO THAT EMPLOYEE OR VOLUNTEER. 729
(ii) THE PARENT OR GUARDIAN PAYS THE FEE IDENTIFIED IN 731
DIVISION (D) OF THIS SECTION. 732
(b) THE REQUEST FOR A CRIMINAL RECORDS CHECK THAT A 734
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 735
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY IS 736
REQUIRED TO MAKE UNDER DIVISION (B)(1)(a) OF THIS SECTION SHALL 737
CONSIST OF A REQUEST FOR THE INFORMATION A SCHOOL DISTRICT BOARD 739
OF EDUCATION MAY REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 740
109.57 OF THE REVISED CODE AND SHALL BE ACCOMPANIED BY THE FORM 741
AND STANDARD IMPRESSION SHEET PRESCRIBED BY THE BUREAU OF 742
IDENTIFICATION AND INVESTIGATION UNDER DIVISION (C) OF SECTION 743
109.572 OF THE REVISED CODE.
(c) IF THE CURRENT EMPLOYEE OR VOLUNTEER IN RELATION TO 745
WHOM A REQUEST IS TO BE MADE UNDER DIVISION (B)(1) OF THIS 747
19
SECTION DOES NOT PRESENT PROOF THAT THE CURRENT EMPLOYEE OR 748
VOLUNTEER HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR 750
PERIOD IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL
RECORDS CHECK IS REQUESTED OR DOES NOT PROVIDE EVIDENCE THAT 752
WITHIN THAT FIVE-YEAR PERIOD THE SUPERINTENDENT HAS REQUESTED 753
INFORMATION ABOUT THE CURRENT EMPLOYEE OR VOLUNTEER FROM THE 754
FEDERAL BUREAU OF INVESTIGATION IN A CRIMINAL RECORDS CHECK, THE 755
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 756
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 757
MAKING THE REQUEST SHALL REQUEST THAT THE SUPERINTENDENT OBTAIN 758
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS PART OF
THE CRIMINAL RECORDS CHECK FOR THE CURRENT EMPLOYEE OR VOLUNTEER. 759
IF THE CURRENT EMPLOYEE OR VOLUNTEER PRESENTS PROOF THAT THE 760
CURRENT EMPLOYEE OR VOLUNTEER HAS BEEN A RESIDENT OF THIS STATE 761
FOR THAT FIVE-YEAR PERIOD, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, 762
EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR 763
LOCAL GOVERNMENT ENTITY MAY REQUEST THAT THE SUPERINTENDENT 764
OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS 765
PART OF THE CRIMINAL RECORDS CHECK. 766
(d) THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL 768
IDENTIFICATION AND INVESTIGATION SHALL PERFORM A CRIMINAL RECORDS 769
CHECK REQUESTED UNDER DIVISION (B)(1)(a) OF THIS SECTION IN 770
ACCORDANCE WITH DIVISION (F)(6) OF SECTION 109.57 OF THE REVISED 771
CODE.
(2) A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 773
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 774
GOVERNMENT ENTITY REQUIRED BY DIVISION (B)(1)(a) OF THIS SECTION 775
TO REQUEST A CRIMINAL RECORDS CHECK SHALL PROVIDE TO EACH CURRENT 777
EMPLOYEE OR VOLUNTEER IN RELATION TO WHOM A REQUEST IS MADE UNDER 779
DIVISION (B)(1)(a) OF THIS SECTION FOR A CRIMINAL RECORDS CHECK A 780
COPY OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF 782
SECTION 109.572 OF THE REVISED CODE, PROVIDE TO THAT CURRENT 783
EMPLOYEE OR VOLUNTEER A STANDARD IMPRESSION SHEET TO OBTAIN 785
FINGERPRINT IMPRESSIONS PRESCRIBED PURSUANT TO DIVISION (C)(2) OF 786
20
THAT SECTION, OBTAIN THE COMPLETED FORM AND IMPRESSION SHEET FROM 787
THAT CURRENT EMPLOYEE OR VOLUNTEER, AND FORWARD THE COMPLETED 789
FORM AND IMPRESSION SHEET TO THE SUPERINTENDENT OF THE BUREAU OF 790
CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE TIME THE 791
INSTITUTION, ORGANIZATION, OR ENTITY REQUESTS A CRIMINAL RECORDS 792
CHECK PURSUANT TO DIVISION (B)(1)(a) OF THIS SECTION WITH RESPECT 794
TO THAT CURRENT EMPLOYEE OR VOLUNTEER.
(3) ANY CURRENT EMPLOYEE OR VOLUNTEER WHO RECEIVES 796
PURSUANT TO DIVISION (B)(2) OF THIS SECTION A COPY OF THE FORM 798
PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 109.572 OF THE 800
REVISED CODE AND A COPY OF AN IMPRESSION SHEET PRESCRIBED 801
PURSUANT TO DIVISION (C)(2) OF THAT SECTION AND WHO IS REQUESTED 803
TO COMPLETE THE FORM AND PROVIDE A SET OF FINGERPRINT IMPRESSIONS 804
SHALL COMPLETE THE FORM OR PROVIDE ALL OF THE INFORMATION 805
NECESSARY TO COMPLETE THE FORM AND SHALL PROVIDE THE IMPRESSION 806
SHEET WITH THE IMPRESSIONS OF THE CURRENT EMPLOYEE'S OR 807
VOLUNTEER'S FINGERPRINTS. IF A CURRENT EMPLOYEE OR VOLUNTEER, 808
UPON REQUEST, FAILS TO PROVIDE THE INFORMATION NECESSARY TO 809
COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF THE CURRENT 810
EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS, THE RELIGIOUS, 811
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 812
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY PROMPTLY 813
SHALL REMOVE THE CURRENT EMPLOYEE OR VOLUNTEER FROM ANY POSITION 814
THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS 815
TO HAVE UNSUPERVISED ACCESS TO A CHILD.
(C)(1) EXCEPT AS PROVIDED IN DIVISION (C)(3) OF THIS 817
SECTION, A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 819
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 820
GOVERNMENT ENTITY THAT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT 821
TO DIVISION (B) OF THIS SECTION PROMPTLY SHALL REMOVE THE CURRENT 822
EMPLOYEE OR VOLUNTEER IDENTIFIED IN THE REQUEST FROM ANY POSITION 823
THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS 824
TO HAVE UNSUPERVISED ACCESS TO A CHILD IF THE INFORMATION 825
REQUESTED UNDER THIS SECTION FROM THE BUREAU OF CRIMINAL
21
IDENTIFICATION AND INVESTIGATION INDICATES THAT THE CURRENT 826
EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED 827
GUILTY TO ANY OF THE FOLLOWING OFFENSES: 828
(a) ANY OFFENSE UNDER THE LAW OF THIS STATE THAT IS A 831
FELONY OR ANY OFFENSE UNDER A FORMER LAW OF THIS STATE THAT WAS A 832
FELONY AT THE TIME IT WAS COMMITTED;
(b) ANY OFFENSE COMMITTED UNDER THE LAW OF A STATE OTHER 835
THAN THIS STATE OR UNDER THE LAW OF THE UNITED STATES THAT, IF 836
COMMITTED IN THIS STATE, WOULD BE A FELONY UNDER THE LAW OF THIS 837
STATE;
(c) ANY SEXUALLY ORIENTED OFFENSE, AS DEFINED IN SECTION 840
2950.01 OF THE REVISED CODE, OTHER THAN A VIOLATION OF SECTION 841
2905.03 OF THE REVISED CODE, COMMITTED UNDER THE LAW OF THIS 843
STATE, ANOTHER STATE, OR THE UNITED STATES. 844
(2) UPON RECEIPT OF A NOTIFICATION OF THE RESULTS OF A 846
CRIMINAL RECORDS CHECK FROM THE BUREAU OF CRIMINAL IDENTIFICATION 847
AND INVESTIGATION THAT WAS REQUESTED PURSUANT TO DIVISION (B) OF 848
THIS SECTION, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 849
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 850
GOVERNMENT ENTITY THAT RECEIVES THE NOTIFICATION PROMPTLY SHALL 851
NOTIFY THE PARENT OR GUARDIAN WHO REQUESTED THE CHECK WHETHER THE 853
CHECK SHOWED, OR DID NOT SHOW, THAT THE CURRENT EMPLOYEE OR 854
VOLUNTEER WHO IS THE SUBJECT OF THE CHECK PREVIOUSLY HAS BEEN 855
CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN
DIVISION (C)(1) OF THIS SECTION. IF THE CHECK SHOWED THAT THE 857
CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR 858
PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, THE NOTIFICATION 859
TO THE PARENT OR GUARDIAN SHALL STATE THE FACT OF THE CONVICTION 860
OR GUILTY PLEA BUT SHALL NOT IDENTIFY THE OFFENSE OR OFFENSES. 861
IF THE CURRENT EMPLOYEE OR VOLUNTEER WAS HIRED OR ACCEPTED AS A 862
VOLUNTEER TO THE POSITION THAT ENABLES THE CURRENT EMPLOYEE OR 863
VOLUNTEER ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A 864
CHILD AS A RESULT OF THE CURRENT EMPLOYEE OR VOLUNTEER SATISFYING 865
APPLICABLE REHABILITATION STANDARDS OR PERSONAL CHARACTER 866
22
STANDARDS ADOPTED BY THE APPROPRIATE REGULATORY ENTITY AS 867
DESCRIBED IN DIVISION (C)(3) OF THIS SECTION, THE NOTIFICATION 868
ALSO SHALL STATE THAT FACT AND THAT THE LAW DOES NOT REQUIRE THE 869
REMOVAL OF THE CURRENT OFFICER OR EMPLOYEE FROM THE POSITION THAT 871
ENABLES THE CURRENT OFFICER OR EMPLOYEE ON A REGULAR BASIS TO 872
HAVE UNSUPERVISED ACCESS TO A CHILD. IF THE PARENT OR GUARDIAN
OF MORE THAN ONE CHILD REQUESTED A CHECK REGARDING THE SAME 873
CURRENT EMPLOYEE OR VOLUNTEER, THE INSTITUTION, ORGANIZATION, OR 874
ENTITY SHALL PROVIDE THE NOTIFICATION UNDER THIS DIVISION TO EACH 875
REQUESTING PARENT OR GUARDIAN. THIS SECTION DOES NOT REQUIRE THE 877
INSTITUTION, ORGANIZATION, OR ENTITY TO TRANSFER, TERMINATE THE 878
EMPLOYMENT OR VOLUNTEER STATUS, OR IMPOSE ANY OTHER SANCTION,
OTHER THAN THE SANCTION DESCRIBED IN DIVISION (C)(1) OF THIS 879
SECTION, AGAINST A CURRENT EMPLOYEE OR VOLUNTEER WHO IS THE 880
SUBJECT OF A CRIMINAL RECORDS CHECK IF THE CHECK SHOWED THAT THE 881
CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR 882
PLEADED GUILTY TO ONE OR MORE OF THE OFFENSES LISTED IN DIVISION 883
(C)(1) OF THIS SECTION. 884
(3) A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 886
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 887
GOVERNMENT ENTITY THAT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT 888
TO DIVISION (B) OF THIS SECTION AND THAT RECEIVES INFORMATION 889
FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION 890
PURSUANT TO THE REQUEST THAT INDICATES THAT THE CURRENT EMPLOYEE 891
OR VOLUNTEER IDENTIFIED IN THE REQUEST PREVIOUSLY HAS BEEN 892
CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE IDENTIFIED IN 893
DIVISION (C)(1) OF THIS SECTION IS NOT REQUIRED TO REMOVE THE 894
CURRENT EMPLOYEE OR VOLUNTEER FROM A POSITION THAT ENABLES THE 895
CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS TO HAVE 896
UNSUPERVISED ACCESS TO A CHILD IF THE CURRENT EMPLOYEE OR 898
VOLUNTEER WAS HIRED OR ACCEPTED AS A VOLUNTEER FOR THAT POSITION 899
AS A RESULT OF THE CURRENT OFFICER OR EMPLOYEE SATISFYING 900
APPLICABLE REHABILITATION STANDARDS OR PERSONAL CHARACTER 901
STANDARDS ADOPTED BY THE APPROPRIATE REGULATORY ENTITY PURSUANT 902
23
TO DIVISION (E) OF SECTION 2151.86, 3301.32, 3301.541, 3319.39, 903
5104.012, OR 5153.111 OF THE REVISED CODE, DIVISION (F) OF 904
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 905
CODE, OR DIVISION (M) OF SECTION 5126.28 OF THE REVISED CODE. 906
(D)(1) A WRITTEN REQUEST FOR A CRIMINAL RECORDS CHECK 909
SUBMITTED BY A PARENT OR GUARDIAN UNDER DIVISION (B) OF THIS 910
SECTION MAY IDENTIFY MORE THAN ONE CURRENT EMPLOYEE OR VOLUNTEER 911
FOR WHOM THE CHECK IS REQUESTED. 912
(2) IF A PARENT OR GUARDIAN OF A CHILD SUBMITS A WRITTEN 914
REQUEST UNDER DIVISION (B) OF THIS SECTION FOR A CRIMINAL RECORDS 916
CHECK OF ANY CURRENT EMPLOYEE OR VOLUNTEER, THE PARENT OR 917
GUARDIAN, AT THE TIME OF SUBMITTING THE REQUEST, SHALL PAY TO THE 918
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 919
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY TO 920
WHICH THE REQUEST WAS SUBMITTED THE FEE, IF ANY, PRESCRIBED 921
PURSUANT TO DIVISION (I) OF SECTION 109.57 OF THE REVISED CODE. 923
THE PARENT OR GUARDIAN SHALL PAY A SEPARATE FEE FOR EACH WRITTEN 924
REQUEST SO SUBMITTED OR, IF MORE THAN ONE CURRENT EMPLOYEE OR 925
VOLUNTEER IS IDENTIFIED ON A WRITTEN REQUEST SO SUBMITTED, FOR 926
EACH CURRENT EMPLOYEE OR VOLUNTEER SO IDENTIFIED ON THE WRITTEN 927
REQUEST. THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 928
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 929
GOVERNMENT ENTITY TO WHICH THE REQUEST WAS SUBMITTED SHALL 930
FORWARD EACH FEE PAID IN RELATION TO THE REQUEST TO THE BUREAU OF 931
CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE SAME TIME THAT 932
THE INSTITUTION, ORGANIZATION, OR ENTITY REQUESTS THE 933
SUPERINTENDENT OF THE BUREAU, PURSUANT TO DIVISION (B) OF THIS 934
SECTION, TO CONDUCT A CRIMINAL RECORDS CHECK OF THE CURRENT 935
EMPLOYEES OR VOLUNTEERS IDENTIFIED IN THE REQUEST. 936
(E) THE REPORT OF ANY CRIMINAL RECORDS CHECK CONDUCTED BY 939
THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION PURSUANT 941
TO A REQUEST MADE UNDER DIVISION (B) OF THIS SECTION IS NOT A 942
PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED 944
24
CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OTHER THAN THE 945
CURRENT EMPLOYEE OR VOLUNTEER TO WHOM IT PERTAINS, THE RELIGIOUS, 946
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 947
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUESTING 948
THE CRIMINAL RECORDS CHECK, AND ANY COURT, HEARING OFFICER, OR 949
OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE 950
CURRENT EMPLOYEE OR VOLUNTEER. THIS DIVISION DOES NOT LIMIT OR 951
RESTRICT THE PROVISION OF INFORMATION PURSUANT TO DIVISION (C)(2) 952
OR (G)(2) OF THIS SECTION TO A PARENT OR GUARDIAN WHO MADE A 954
REQUEST FOR A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEE OR 955
VOLUNTEER.
(F) AT THE TIME OF A PERSON'S INITIAL APPLICATION TO ANY 957
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 959
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 960
FOR APPOINTMENT OR EMPLOYMENT ON A FULL-TIME OR PART-TIME BASIS, 961
OR AS A VOLUNTEER ON A FULL-TIME OR PART-TIME BASIS, IN ANY 962
POSITION THAT WILL ENABLE THE PERSON ON A REGULAR BASIS TO HAVE 963
UNSUPERVISED ACCESS TO A CHILD, THE INSTITUTION, ORGANIZATION, OR 964
ENTITY SHALL INFORM THE PERSON THAT, IF THE PERSON IS APPOINTED 965
OR EMPLOYED TO OR ACCEPTED AS A VOLUNTEER IN THE POSITION, THE 966
PERSON SUBSEQUENTLY MIGHT BE REQUIRED TO PROVIDE A SET OF 967
IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND A CRIMINAL RECORDS 968
CHECK SUBSEQUENTLY MIGHT BE CONDUCTED WITH RESPECT TO THE PERSON
IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION. NOT LATER THAN 970
THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH 971
RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR 972
SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY 973
THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, 974
SUPERVISION, OR RECREATION TO CHILDREN SHALL NOTIFY EACH CURRENT 975
EMPLOYEE OR VOLUNTEER THAT THE CURRENT EMPLOYEE OR VOLUNTEER 976
SUBSEQUENTLY MIGHT BE REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF 977
THE CURRENT EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS AND THAT A 979
CRIMINAL RECORDS CHECK SUBSEQUENTLY MIGHT BE CONDUCTED WITH
RESPECT TO THE CURRENT EMPLOYEE OR VOLUNTEER IN ACCORDANCE WITH 980
25
DIVISION (B) OF THIS SECTION. 981
(G)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY 985
REGARDING ANY CURRENT EMPLOYEE OR VOLUNTEER OF A RELIGIOUS, 986
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 987
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT 988
PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION,
SUPERVISION, OR RECREATION TO CHILDREN IF, WITHIN THE 989
TWELVE-MONTH PERIOD PRECEDING THE MAKING OF A REQUEST BY A PARENT 990
OR GUARDIAN FOR A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEE 991
OR VOLUNTEER PURSUANT TO DIVISION (B) OF THIS SECTION, EITHER OF 992
THE FOLLOWING OCCURRED: 993
(a) THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 996
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 997
GOVERNMENT ENTITY REQUESTED A CRIMINAL RECORDS CHECK REGARDING 998
THE CURRENT EMPLOYEE OR VOLUNTEER UNDER SECTION 2151.86, 3301.32, 999
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, OR 5153.111 OF 1,000
THE REVISED CODE, AND THE CRIMINAL RECORDS CHECK DID NOT REVEAL 1,002
ANY PRIOR CONVICTION OF OR PLEA OF GUILTY TO AN OFFENSE LISTED IN 1,003
DIVISION (C)(1) OF THIS SECTION. 1,004
(b) THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, 1,007
ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL 1,008
GOVERNMENT ENTITY REQUESTED A CRIMINAL RECORDS CHECK REGARDING 1,009
THE CURRENT EMPLOYEE OR VOLUNTEER UNDER DIVISION (B) OF THIS 1,010
SECTION, AND THE CRIMINAL RECORDS CHECK DID NOT REVEAL ANY PRIOR 1,011
CONVICTION OF OR PLEA OF GUILTY TO AN OFFENSE LISTED IN DIVISION 1,012
(C)(1) OF THIS SECTION. 1,013
(2) IF A PARENT OR GUARDIAN OF A CHILD MAKES A WRITTEN 1,015
REQUEST PURSUANT TO DIVISION (B) OF THIS SECTION FOR A CRIMINAL 1,017
RECORDS CHECK OF A CURRENT EMPLOYEE OR VOLUNTEER OF A RELIGIOUS, 1,018
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 1,019
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT 1,020
PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION,
SUPERVISION, OR RECREATION TO CHILDREN, AND IF, PURSUANT TO 1,021
DIVISION (G)(1) OF THIS SECTION, DIVISIONS (B) AND (C) OF THIS 1,023
26
SECTION DO NOT APPLY REGARDING THE CURRENT EMPLOYEE OR VOLUNTEER, 1,024
THE INSTITUTION, ORGANIZATION, OR ENTITY IS NOT REQUIRED TO 1,025
REQUEST THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL 1,026
IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL RECORDS 1,027
CHECK WITH RESPECT TO THAT CURRENT EMPLOYEE OR VOLUNTEER, BUT THE 1,028
INSTITUTION, ORGANIZATION, OR ENTITY PROMPTLY SHALL NOTIFY THE 1,029
PARENT OR GUARDIAN WHO REQUESTED THE CHECK THAT A PRIOR CHECK 1,030
CONDUCTED WITHIN THE PRECEDING TWELVE MONTHS DID NOT SHOW THAT 1,031
THE CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED 1,032
OF OR PLEADED GUILTY TO ANY OFFENSE LISTED IN DIVISION (C)(1) OF 1,034
THIS SECTION.
Section 2. That existing sections 109.57 and 109.572 of 1,036
the Revised Code are hereby repealed. 1,037