As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 187 5
1999-2000 6
SENATORS JOHNSON-WHITE-CUPP-WATTS-LATTA-SPADA-CARNES-RAY- 7
HOTTINGER-ARMBRUSTER-MUMPER-WACHTMANN-KEARNS-HORN- 8
GARDNER-BLESSING-NEIN-DRAKE-OELSLAGER-SCHAFRATH- 9
ESPY-LATELL-DiDONATO-HAGAN-REPRESENTATIVES O'BRIEN-BOYD- 10
TERWILLEGER-PETERSON-ROBERTS-BARRETT-BARNES-PERRY- 11
WIDENER-PATTON-BRITTON-VERICH-BRADING-D. MILLER 12
_________________________________________________________________ 14
A B I L L
To amend sections 109.572 and 2953.32 and to enact 16
sections 109.574, 109.575, 109.576, 109.577, 17
109.578, 109.579, 109.5710, 109.5711, 109.5712,
and 109.5713 of the Revised Code to facilitate 18
BCII criminal records checks regarding any person 19
who applies to be or is a volunteer of a 20
specified type of organization or entity that
provides specified services to children and who 21
regularly has unsupervised access to a child. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 109.572 and 2953.32 be amended 26
and sections 109.574, 109.575, 109.576, 109.577, 109.578, 27
109.579, 109.5710, 109.5711, 109.5712, and 109.5713 of the 28
Revised Code be enacted to read as follows: 29
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 40
to section 109.575, 2151.86, 3301.32, 3301.541, 3319.39, 41
5104.012, 5104.013, or 5153.111 of the Revised Code, a completed 43
form prescribed pursuant to division (C)(1) of this section, and 44
a set of fingerprint impressions obtained in the manner described 45
in division (C)(2) of this section, the superintendent of the 46
bureau of criminal identification and investigation shall conduct 47
2
a criminal records check in the manner described in division (B) 48
of this section to determine whether any information exists that 49
indicates that the person who is the subject of the request 50
previously has been convicted of or pleaded guilty to any of the 51
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 53
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 54
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 56
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 57
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 58
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 59
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 60
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 61
Code, a violation of section 2905.04 of the Revised Code as it 62
existed prior to July 1, 1996, a violation of section 2919.23 of 63
the Revised Code that would have been a violation of section 65
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 66
violation of section 2925.11 of the Revised Code that is not a 67
minor drug possession offense; 68
(b) A violation of an existing or former law of this 70
state, any other state, or the United States that is 71
substantially equivalent to any of the offenses listed in 72
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5123.081 74
of the Revised Code with respect to an applicant for employment 75
in any position with the department of mental retardation and 76
developmental disabilities, pursuant to section 5126.28 of the 77
Revised Code with respect to an applicant for employment in any 79
position with a county board of mental retardation and 80
developmental disabilities, or pursuant to section 5126.281 of 81
the Revised Code with respect to an applicant for employment in a 83
direct services position with an entity contracting with a county 84
3
board for employment, a completed form prescribed pursuant to 85
division (C)(1) of this section, and a set of fingerprint 87
impressions obtained in the manner described in division (C)(2) 88
of this section, the superintendent of the bureau of criminal 89
identification and investigation shall conduct a criminal records 91
check. The superintendent shall conduct the criminal records 92
check in the manner described in division (B) of this section to 93
determine whether any information exists that indicates that the 94
person who is the subject of the request has been convicted of or 96
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 99
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 100
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 101
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 102
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 103
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 104
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 105
or 3716.11 of the Revised Code; 106
(b) An existing or former municipal ordinance or law of 108
this state, any other state, or the United States that is 109
substantially equivalent to any of the offenses listed in 110
division (A)(2)(a) of this section. 111
(3) On receipt of a request pursuant to section 173.41, 113
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 115
form prescribed pursuant to division (C)(1) of this section, and 116
a set of fingerprint impressions obtained in the manner described 117
in division (C)(2) of this section, the superintendent of the 119
bureau of criminal identification and investigation shall conduct 120
a criminal records check with respect to any person who has 121
applied for employment in a position that involves providing 122
direct care to an older adult. The superintendent shall conduct 123
the criminal records check in the manner described in division 124
(B) of this section to determine whether any information exists 126
that indicates that the person who is the subject of the request 127
4
previously has been convicted of or pleaded guilty to any of the 128
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 131
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 132
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, 133
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 135
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, 136
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 138
2925.22, 2925.23, or 3716.11 of the Revised Code; 139
(b) An existing or former law of this state, any other 142
state, or the United States that is substantially equivalent to 143
any of the offenses listed in division (A)(3)(a) of this section. 144
(4) On receipt of a request pursuant to section 3701.881 146
of the Revised Code with respect to an applicant for employment 148
with a home health agency as a person responsible for the care, 149
custody, or control of a child, a completed form prescribed 150
pursuant to division (C)(1) of this section, and a set of 151
fingerprint impressions obtained in the manner described in 152
division (C)(2) of this section, the superintendent of the bureau 153
of criminal identification and investigation shall conduct a 154
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 156
this section to determine whether any information exists that 157
indicates that the person who is the subject of the request 158
previously has been convicted of or pleaded guilty to any of the
following: 159
(a) A violation of section 2903.01, 2903.02, 2903.03, 161
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 162
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 163
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 164
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 165
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 166
5
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 167
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 169
violation of section 2925.11 of the Revised Code that is not a 170
minor drug possession offense; 171
(b) An existing or former law of this state, any other 173
state, or the United States that is substantially equivalent to 174
any of the offenses listed in division (A)(4)(a) of this section. 175
(5) On receipt of a request pursuant to section 3701.881 177
of the Revised Code with respect to an applicant for employment 178
with a home health agency in a position that involves providing 180
direct care to an older adult, a completed form prescribed 181
pursuant to division (C)(1) of this section, and a set of 182
fingerprint impressions obtained in the manner described in 183
division (C)(2) of this section, the superintendent of the bureau 184
of criminal identification and investigation shall conduct a 185
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 187
this section to determine whether any information exists that 188
indicates that the person who is the subject of the request 189
previously has been convicted of or pleaded guilty to any of the
following: 190
(a) A violation of section 2903.01, 2903.02, 2903.03, 193
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 194
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, 195
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 197
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, 198
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 200
2925.22, 2925.23, or 3716.11 of the Revised Code; 201
(b) An existing or former law of this state, any other 203
state, or the United States that is substantially equivalent to 204
any of the offenses listed in division (A)(5)(a) of this section. 205
(6) When conducting a criminal records check upon a 207
6
request pursuant to section 3319.39 of the Revised Code for an 208
applicant who is a teacher, in addition to the determination made 209
under division (A)(1) of this section, the superintendent shall 210
determine whether any information exists that indicates that the 211
person who is the subject of the request previously has been 212
convicted of or pleaded guilty to any offense specified in 213
section 3319.31 of the Revised Code. 214
(7) When conducting a criminal records check on a request 216
pursuant to section 2151.86 of the Revised Code for a person who 217
is a prospective foster caregiver or who is eighteen years old or 218
older and resides in the home of a prospective foster caregiver, 221
the superintendent, in addition to the determination made under 223
division (A)(1) of this section, shall determine whether any
information exists that indicates that the person has been 225
convicted of or pleaded guilty to a violation of: 226
(a) Section 2909.02 or 2909.03 of the Revised Code; 229
(b) An existing or former law of this state, any other 231
state, or the United States that is substantially equivalent to 232
section 2909.02 or 2909.03 of the Revised Code. 233
(8) Not later than thirty days after the date the 235
superintendent receives the request, completed form, and 237
fingerprint impressions, the superintendent shall send the 238
person, board, or entity that made the request any information, 240
other than information the dissemination of which is prohibited 241
by federal law, the superintendent determines exists with respect
to the person who is the subject of the request that indicates 242
that the person previously has been convicted of or pleaded 244
guilty to any offense listed or described in division (A)(1), 245
(2), (3), (4), (5), (6), or (7) of this section, as appropriate. 246
The superintendent shall send the person, board, or entity that 247
made the request a copy of the list of offenses specified in 250
division (A)(1), (2), (3), (4), (5), (6), or (7) of this section,
as appropriate. If the request was made under section 3701.881 253
of the Revised Code with regard to an applicant who may be both 254
7
responsible for the care, custody, or control of a child and 255
involved in providing direct care to an older adult, the
superintendent shall provide a list of the offenses specified in 257
divisions (A)(4) and (5) of this section. 258
(B) The superintendent shall conduct any criminal records 260
check requested under section 109.575, 173.41, 2151.86, 3301.32, 261
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 262
5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of 263
the Revised Code as follows: 264
(1) The superintendent shall review or cause to be 266
reviewed any relevant information gathered and compiled by the 267
bureau under division (A) of section 109.57 of the Revised Code 268
that relates to the person who is the subject of the request, 269
including any relevant information contained in records that have 270
been sealed under section 2953.32 of the Revised Code; 271
(2) If the request received by the superintendent asks for 273
information from the federal bureau of investigation, the 276
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 278
who is the subject of the request and shall review or cause to be 279
reviewed any information the superintendent receives from that 280
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 282
the information necessary to conduct a criminal records check 283
from any person for whom a criminal records check is required by 284
section 109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 285
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 287
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. 288
The form that the superintendent prescribes pursuant to this 289
division may be in a tangible format, in an electronic format, or 291
in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression 293
sheets to obtain the fingerprint impressions of any person for 295
whom a criminal records check is required by section 109.575, 296
8
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 297
3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 298
5126.281, or 5153.111 of the Revised Code. Any person for whom a 301
records check is required by any of those sections shall obtain
the fingerprint impressions at a county sheriff's office, 302
municipal police department, or any other entity with the ability 303
to make fingerprint impressions on the standard impression sheets 304
prescribed by the superintendent. The office, department, or 305
entity may charge the person a reasonable fee for making the 306
impressions. The standard impression sheets the superintendent 308
prescribes pursuant to this division may be in a tangible format, 309
in an electronic format, or in both tangible and electronic 310
formats.
(3) Subject to division (D) of this section, the 312
superintendent shall prescribe and charge a reasonable fee for 313
providing a criminal records check requested under section 314
109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 315
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 316
5126.28, 5126.281, or 5153.111 of the Revised Code. The person 319
making a criminal records request under section 109.575, 173.41, 320
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 321
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 322
5153.111 of the Revised Code shall pay the fee prescribed 323
pursuant to this division. A person making a request under 324
section 3701.881 of the Revised Code for a criminal records check 325
for an applicant who may be both responsible for the care, 326
custody, or control of a child and involved in providing direct
care to an older adult shall pay one fee for the request. 327
(4) The superintendent of the bureau of criminal 329
identification and investigation may prescribe methods of 330
forwarding fingerprint impressions and information necessary to 332
conduct a criminal records check, which methods shall include, 333
but not be limited to, an electronic method.
(D) A determination whether any information exists that 335
9
indicates that a person previously has been convicted of or 336
pleaded guilty to any offense listed or described in division 337
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 338
or (b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this 339
section that is made by the superintendent with respect to 341
information considered in a criminal records check in accordance 342
with this section is valid for the person who is the subject of 343
the criminal records check for a period of one year from the date 344
upon which the superintendent makes the determination. During 345
the period in which the determination in regard to a person is 347
valid, if another request under this section is made for a 348
criminal records check for that person, the superintendent shall 349
provide the information that is the basis for the 350
superintendent's initial determination at a lower fee than the 352
fee prescribed for the initial criminal records check. 353
(E) As used in this section: 355
(1) "Criminal records check" means any criminal records 357
check conducted by the superintendent of the bureau of criminal 359
identification and investigation in accordance with division (B) 360
of this section.
(2) "Minor drug possession offense" has the same meaning 362
as in section 2925.01 of the Revised Code. 363
(3) "Older adult" means a person age sixty or older. 365
Sec. 109.574. AS USED IN SECTIONS 109.574 TO 109.5713 OF 367
THE REVISED CODE: 368
(A) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN 370
SECTION 109.572 OF THE REVISED CODE. 371
(B) "ORGANIZATION OR ENTITY" MEANS A RELIGIOUS, 373
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 374
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT 375
PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, 376
SUPERVISION, OR RECREATION TO CHILDREN. 377
(C) "UNSUPERVISED ACCESS TO A CHILD" MEANS THAT THE PERSON 379
IN QUESTION HAS ACCESS TO A CHILD AND THAT EITHER OF THE 380
10
FOLLOWING APPLIES: 381
(1) NO OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER IS 383
PRESENT IN THE SAME ROOM WITH THE CHILD. 384
(2) IF OUTDOORS, NO OTHER PERSON EIGHTEEN YEARS OF AGE OR 386
OLDER IS WITHIN A THIRTY-YARD RADIUS OF THE CHILD OR HAS VISUAL 387
CONTACT WITH THE CHILD. 388
Sec. 109.575. (A) AN ORGANIZATION OR ENTITY MAY REQUEST 390
THAT THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION 391
AND INVESTIGATION CONDUCT, IN ACCORDANCE WITH SECTION 109.572 OF 392
THE REVISED CODE, A CRIMINAL RECORDS CHECK WITH RESPECT TO ANY 393
PERSON IT INTENDS TO ACCEPT AS A VOLUNTEER OR WHO IS CURRENTLY A 394
VOLUNTEER IF THE VOLUNTEER POSITION PERMITS UNSUPERVISED ACCESS 395
TO A CHILD ON A REGULAR BASIS. 396
(B) A CRIMINAL RECORDS CHECK REQUEST MADE PURSUANT TO THIS 398
SECTION SHALL CONSIST OF A REQUEST FOR THE INFORMATION DESCRIBED 399
IN DIVISION (A)(1) OF SECTION 109.572 OF THE REVISED CODE AND BE 402
ACCOMPANIED BY THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED
BY THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION UNDER 403
DIVISION (C) OF THAT SECTION. 404
(C) IF THE PERSON ABOUT WHOM A CRIMINAL RECORDS CHECK 406
REQUEST IS TO BE MADE UNDER THIS SECTION DOES NOT PRESENT PROOF 407
THAT THE PERSON HAS BEEN A RESIDENT OF THIS STATE FOR THE 408
FIVE-YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE THE CRIMINAL 409
RECORDS CHECK IS REQUESTED OR DOES NOT PROVIDE EVIDENCE THAT 410
WITHIN THAT FIVE-YEAR PERIOD THE SUPERINTENDENT HAS REQUESTED 411
INFORMATION ABOUT THE PERSON FROM THE FEDERAL BUREAU OF 412
INVESTIGATION IN A CRIMINAL RECORDS CHECK, THE ORGANIZATION OR 413
ENTITY MAKING THE REQUEST SHALL REQUEST THAT THE SUPERINTENDENT 414
OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS 415
PART OF THE CRIMINAL RECORDS CHECK FOR THE PERSON. IF THE PERSON 416
PRESENTS PROOF THAT THE PERSON HAS BEEN A RESIDENT OF THIS STATE 417
FOR THAT FIVE-YEAR PERIOD, THE ORGANIZATION OR ENTITY MAY REQUEST 418
THAT THE SUPERINTENDENT OBTAIN INFORMATION FROM THE FEDERAL 419
BUREAU OF INVESTIGATION AS PART OF THE CRIMINAL RECORDS CHECK. 420
11
(D) AN ORGANIZATION OR ENTITY SHALL PROVIDE TO EACH PERSON 422
ABOUT WHOM IT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT TO THIS 423
SECTION A COPY OF THE FORM AND STANDARD IMPRESSION SHEET 424
PRESCRIBED PURSUANT TO DIVISION (C) OF SECTION 109.572 OF THE 425
REVISED CODE, OBTAIN THE COMPLETED FORM AND IMPRESSION SHEET FROM 427
THE PERSON, AND FORWARD THEM TO THE SUPERINTENDENT AT THE TIME IT 428
REQUESTS THE CRIMINAL RECORDS CHECK. 429
(E) A PERSON ASKED TO COMPLETE THE FORM AND PROVIDE A SET 432
OF FINGERPRINT IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE ALL 433
THE INFORMATION NECESSARY TO COMPLETE IT AND SHALL PROVIDE THE
IMPRESSION SHEET WITH THE IMPRESSIONS OF THE PERSON'S 434
FINGERPRINTS. IF THE PERSON FAILS TO PROVIDE THE INFORMATION 435
NECESSARY TO COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF 436
THE PERSON'S FINGERPRINTS, THE ORGANIZATION OR ENTITY SHALL NOT 437
ACCEPT THE PERSON, OR PERMIT THE PERSON TO CONTINUE, AS A 438
VOLUNTEER IN ANY POSITION THAT PERMITS UNSUPERVISED ACCESS TO A 439
CHILD ON A REGULAR BASIS.
(F) THE SUPERINTENDENT SHALL INCLUDE IN EACH REPORT OF THE 441
RESULTS OF A CRIMINAL RECORDS CHECK CONDUCTED PURSUANT TO THIS 442
SECTION A STATEMENT INDICATING WHETHER ANY RECORDS OF CONVICTION 443
HAVE BEEN SEALED PURSUANT TO SECTION 2953.32 OF THE REVISED CODE 445
AND, IF SO, SPECIFYING THE OFFENSES FOR WHICH THE RECORDS OF 446
CONVICTION HAVE BEEN SEALED.
(G) AN ORGANIZATION OR ENTITY THAT MAKES A CRIMINAL 448
RECORDS CHECK REQUEST PURSUANT TO THIS SECTION SHALL PAY THE FEE 449
PRESCRIBED UNDER DIVISION (C)(3) OF SECTION 109.572 OF THE 450
REVISED CODE. 451
Sec. 109.576. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 453
THIS SECTION, AN ORGANIZATION OR ENTITY SHALL NOT ACCEPT A PERSON 454
AS A VOLUNTEER OR PERMIT THE PERSON TO CONTINUE AS A VOLUNTEER IN 456
ANY POSITION THAT PERMITS UNSUPERVISED ACCESS TO A CHILD ON A 457
REGULAR BASIS, IF IT HAS RECEIVED A REPORT FROM THE BUREAU OF 458
CRIMINAL IDENTIFICATION AND INVESTIGATION THAT THE PERSON HAS 460
BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES 461
12
DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF THE REVISED 462
CODE.
(B) AN ORGANIZATION OR ENTITY THAT RECEIVES A REPORT FROM 464
THE BUREAU THAT A PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY 465
TO ANY OFFENSE DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF 466
THE REVISED CODE MAY ACCEPT THE PERSON, OR PERMIT THE PERSON TO 468
CONTINUE, AS A VOLUNTEER IN A POSITION THAT PERMITS UNSUPERVISED
ACCESS TO A CHILD ON A REGULAR BASIS IF EITHER OF THE FOLLOWING 470
IS THE CASE:
(1) THE ONLY CRIMES IDENTIFIED IN THE CRIMINAL RECORDS 472
CHECK REPORT ARE MISDEMEANOR OFFENSES FOR WHICH THE RECORDS OF 473
CONVICTION HAVE BEEN SEALED PURSUANT TO SECTION 2953.32 OF THE 474
REVISED CODE;
(2) ONE OF THE FOLLOWING APPLIES: 476
(a) THE ORGANIZATION OR ENTITY HAS ADOPTED REHABILITATION 478
STANDARDS UNDER SECTION 109.577 OF THE REVISED CODE AND THE 479
PERSON MEETS THOSE STANDARDS; 481
(b) THE ORGANIZATION OR ENTITY HAS NOT ADOPTED 483
REHABILITATION STANDARDS UNDER SECTION 109.577 OF THE REVISED 484
CODE, THE ONLY CRIMES IDENTIFIED IN THE CRIMINAL RECORDS CHECK 486
REPORT ARE FELONY OFFENSES FOR WHICH THE RECORDS OF CONVICTION 487
HAVE BEEN SEALED PURSUANT TO SECTION 2953.32 OF THE REVISED CODE, 488
AND THE PERSON HAS MET THE REHABILITATION STANDARDS SPECIFIED IN 489
SECTION 109.578 OF THE REVISED CODE. 490
Sec. 109.577. (A) AN ORGANIZATION OR ENTITY MAY ADOPT 492
REHABILITATION STANDARDS DESIGNED TO ENSURE A PERSON DESCRIBED IN 494
DIVISION (B)(2)(a) OF SECTION 109.576 OF THE REVISED CODE WILL 496
NOT JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF CHILDREN IT 497
SERVES IF THE PERSON IS ACCEPTED OR REMAINS AS A VOLUNTEER FOR
THE ORGANIZATION OR ENTITY IN A POSITION THAT PERMITS 499
UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS. 500
(B) AN ORGANIZATION OR ENTITY THAT ESTABLISHES ITS OWN 502
REHABILITATION STANDARDS PURSUANT TO THIS SECTION SHALL NOTIFY 503
THE PARENT OR GUARDIAN OF EACH CHILD FOR WHOM IT PROVIDES 504
13
SERVICES OF THE FOLLOWING: 505
(1) THE ORGANIZATION OR ENTITY USES ITS OWN REHABILITATION 507
STANDARDS INSTEAD OF THE REHABILITATION STANDARDS ESTABLISHED IN 508
SECTION 109.578 OF THE REVISED CODE; 509
(2) THE DIFFERENCE BETWEEN THE STANDARDS ESTABLISHED BY 511
THE ORGANIZATION OR ENTITY AND THE STANDARDS ESTABLISHED IN 512
SECTION 109.578 OF THE REVISED CODE. 513
THE NOTICE REQUIRED BY THIS SECTION SHALL BE IN WRITING AND 515
BE SENT TO THE PARENT OR GUARDIAN OF A CHILD ON THE DATE THE 516
ORGANIZATION OR ENTITY COMMENCES PROVIDING SERVICES TO THE CHILD. 517
Sec. 109.578. (A) AN ORGANIZATION OR ENTITY MAY ACCEPT, 519
OR PERMIT TO REMAIN, AS A VOLUNTEER IN A POSITION THAT PERMITS 520
UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS, A PERSON 521
DESCRIBED IN DIVISION (B)(2)(b) OF SECTION 109.576 OF THE REVISED 523
CODE IF ALL OF THE FOLLOWING APPLY:
(1) THE VICTIM OF THE OFFENSE OR OFFENSES WAS NOT A PERSON 525
UNDER EIGHTEEN YEARS OF AGE; 526
(2) AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE PERSON WAS 528
FULLY DISCHARGED FROM IMPRISONMENT, PROBATION, AND PAROLE; 529
(3) THE PERSON PROVIDES WRITTEN CONFIRMATION FROM A COURT, 531
THE PERSON'S PAROLE OFFICER, OR THE PERSON'S COUNSELOR THAT THE 532
PERSON HAS BEEN REHABILITATED; 533
(4) THE ORGANIZATION OR ENTITY FOR WHICH THE PERSON WORKS, 535
OR SEEKS TO WORK, AS A VOLUNTEER DETERMINES THAT ALLOWING THE 536
PERSON TO BE A VOLUNTEER IN THE POSITION, OR TO REMAIN AS A 537
VOLUNTEER IN THE POSITION WILL NOT JEOPARDIZE THE HEALTH, SAFETY, 538
OR WELFARE OF CHILDREN SERVED BY THE ORGANIZATION OR ENTITY. THE 539
ORGANIZATION OR ENTITY MUST CONSIDER THE FOLLOWING FACTORS IN
DETERMINING WHETHER THE PERSON WILL JEOPARDIZE THE HEALTH, 540
SAFETY, OR WELFARE OF THE CHILDREN: 541
(a) THE PERSON'S AGE AT THE TIME THE OFFENSE OR OFFENSES 543
WERE COMMITTED; 544
(b) THE AGE AND ABILITY OF THE VICTIM AT THE TIME THE 546
OFFENSE OR OFFENSES WERE COMMITTED, INCLUDING WHETHER THE VICTIM 547
14
WAS AN INDIVIDUAL WITH PHYSICAL OR MENTAL DISABILITIES; 548
(c) THE NATURE AND SERIOUSNESS OF THE OFFENSE OR OFFENSES; 550
(d) THE CIRCUMSTANCES UNDER WHICH THE OFFENSE OR OFFENSES 553
WERE COMMITTED;
(e) THE DEGREE TO WHICH THE PERSON PARTICIPATED IN THE 555
OFFENSE OR OFFENSES; 556
(f) THE TIME ELAPSED SINCE THE PERSON WAS FULLY DISCHARGED 558
FROM IMPRISONMENT, PROBATION, AND PAROLE; 559
(g) THE LIKELIHOOD THAT THE CIRCUMSTANCES LEADING TO THE 561
OFFENSE OR OFFENSES WILL RECUR; 562
(h) THE EXTENT TO WHICH THE POSITION HELD BY THE PERSON 564
PROVIDES AN OPPORTUNITY FOR THE COMMISSION OF AN OFFENSE 565
IDENTIFIED IN DIVISION (A)(1) OF SECTION 109.572 OF THE REVISED 566
CODE;
(i) THE PERSON'S EMPLOYMENT RECORD; 568
(j) THE PERSON'S EFFORTS AT REHABILITATION AND THE RESULTS 570
OF THOSE EFFORTS; 571
(k) WHETHER ANY CRIMINAL PROCEEDINGS ARE PENDING AGAINST 573
THE PERSON; 574
(l) ANY OTHER FACTOR THE ORGANIZATION OR ENTITY CONSIDERS 576
RELEVANT. 577
(B) A PERSON DESCRIBED IN DIVISION (A) OF THIS SECTION 579
SHALL PROVIDE WRITTEN EVIDENCE THAT THE PERSON MEETS THE 580
REHABILITATION STANDARDS SPECIFIED IN THIS SECTION. IF THE 581
PERSON FAILS TO PROVIDE THE EVIDENCE OR THE ORGANIZATION OR 582
ENTITY FOR WHICH THE PERSON WORKS, OR SEEKS TO WORK, AS A 583
VOLUNTEER DETERMINES THAT THE EVIDENCE IS INCONCLUSIVE, THE
ORGANIZATION OR ENTITY SHALL NOT ACCEPT THE PERSON OR SHALL 584
REMOVE THE PERSON FROM ANY VOLUNTEER POSITION THAT ENABLES THE 585
PERSON ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD. 586
ANY DOUBT AS TO WHETHER THE PERSON MEETS THE STANDARDS SHALL BE 587
RESOLVED AGAINST THE PERSON.
(C) NOT LATER THAN SEVEN DAYS AFTER RECEIVING THE EVIDENCE 589
DESCRIBED IN DIVISION (B) OF THIS SECTION, AN ORGANIZATION OR 590
15
ENTITY SHALL DETERMINE WHETHER THE PERSON TO WHOM THE EVIDENCE 591
PERTAINS HAS MET THE REHABILITATION STANDARDS DESCRIBED IN 592
DIVISION (A) OF THIS SECTION.
Sec. 109.579. AT THE TIME OF A PERSON'S INITIAL 594
APPLICATION TO AN ORGANIZATION OR ENTITY TO BE A VOLUNTEER IN A 595
POSITION THAT WILL ENABLE THE PERSON ON A REGULAR BASIS TO HAVE 596
UNSUPERVISED ACCESS TO A CHILD, THE ORGANIZATION OR ENTITY SHALL 597
INFORM THE PERSON THAT, AT ANY TIME, THE PERSON MIGHT BE REQUIRED 598
TO PROVIDE A SET OF IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND 599
A CRIMINAL RECORDS CHECK MIGHT BE CONDUCTED WITH RESPECT TO THE 600
PERSON IN ACCORDANCE WITH SECTION 109.575 OF THE REVISED CODE. 601
NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS 603
SECTION, EACH ORGANIZATION OR ENTITY SHALL NOTIFY EACH CURRENT 604
VOLUNTEER THAT THE VOLUNTEER, AT ANY TIME, MIGHT BE REQUIRED TO 605
PROVIDE A SET OF IMPRESSIONS OF THE VOLUNTEER'S FINGERPRINTS AND 606
A CRIMINAL RECORDS CHECK MIGHT BE CONDUCTED WITH RESPECT TO THE 607
VOLUNTEER IN ACCORDANCE WITH SECTION 109.575 OF THE REVISED CODE. 608
Sec. 109.5710. AN ORGANIZATION OR ENTITY THAT REQUIRES A 610
CURRENT OR PROSPECTIVE VOLUNTEER TO SUBMIT TO A CRIMINAL RECORDS 611
CHECK SHALL ESTABLISH A POLICY GOVERNING ITS PROCEDURES AND 612
REQUIREMENTS REGARDING THE CHECKS THAT INCLUDES THE FOLLOWING: 613
(A) THE CRITERIA FOR DETERMINING WHO SHOULD BE REQUIRED TO 615
SUBMIT TO A CHECK; 616
(B) THE PERSON RESPONSIBLE FOR REQUESTING CRIMINAL RECORDS 618
CHECKS AND RECEIVING AND MAINTAINING THE CRIMINAL RECORDS CHECK 619
REPORTS;
(C) THE PROCESS FOR APPLYING REHABILITATION STANDARDS AND 621
THE PERSON RESPONSIBLE FOR THE APPLICATION; 622
(D) ANY OTHER PROCEDURE OR REQUIREMENT THE ORGANIZATION OR 624
ENTITY DETERMINES APPROPRIATE. 625
Sec. 109.5711. THE REPORT OF A CRIMINAL RECORDS CHECK 627
CONDUCTED PURSUANT TO SECTION 109.575 OF THE REVISED CODE IS 628
CONFIDENTIAL AND SHALL NOT BE RELEASED BY THE ORGANIZATION OR 629
ENTITY TO ANY PERSON OR ENTITY, UNLESS THE PERSON WHO IS THE 630
16
SUBJECT OF THE REPORT EXPRESSLY PERMITS THE REPORT TO BE RELEASED 631
TO A PERSON OR ENTITY. THE REPORT OF THE CRIMINAL RECORDS CHECK 632
IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE 633
REVISED CODE.
Sec. 109.5712. (A) A PERSON, ORGANIZATION, OR ENTITY 635
THAT, IN GOOD FAITH, COMPLIES OR ATTEMPTS TO COMPLY WITH THE 636
REQUIREMENTS OF SECTIONS 109.574 TO 109.5713 OF THE REVISED CODE 637
AND ITS POLICY ADOPTED PURSUANT TO SECTION 109.5710 OF THE 638
REVISED CODE IS IMMUNE FROM CIVIL LIABILITY THAT MIGHT OTHERWISE 639
BE INCURRED OR IMPOSED FOR ANY DEATH OR ANY INJURY OR LOSS THAT 640
OCCURS AS A RESULT OF THE COMPLIANCE, ATTEMPTED COMPLIANCE, OR 641
FAILURE TO COMPLY. THIS IMMUNITY DOES NOT APPLY TO A PERSON, 642
ORGANIZATION, OR ENTITY THAT HAS IMMUNITY FROM CIVIL LIABILITY IN 643
ACCORDANCE WITH SECTION 9.86, 2744.02, OR 2744.03 OF THE REVISED 644
CODE FOR THE GOOD FAITH COMPLIANCE, ATTEMPTED COMPLIANCE, OR 645
FAILURE TO COMPLY.
(B) THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION OR 647
SUBSTANTIVE LEGAL RIGHT AGAINST A PERSON, ORGANIZATION, OR ENTITY 648
AND DOES NOT AFFECT ANY IMMUNITIES FROM CIVIL LIABILITY OR 649
DEFENSES ESTABLISHED BY ANOTHER SECTION OF THE REVISED CODE OR 650
AVAILABLE AT COMMON LAW, TO WHICH A PERSON, ORGANIZATION, OR
ENTITY MAY BE ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS 651
SECTION.
Sec. 109.5713. (A) THE GOVERNOR'S COMMUNITY SERVICE 653
COUNCIL SHALL ESTABLISH AND MAINTAIN AN EDUCATIONAL PROGRAM THAT 654
DOES ALL OF THE FOLLOWING: 655
(1) MAKES AVAILABLE TO PARENTS AND GUARDIANS OF CHILDREN 657
NOTICE ABOUT THE PROVISIONS OF SECTIONS 109.574 TO 109.5713 OF 658
THE REVISED CODE AND INFORMATION ABOUT HOW TO KEEP CHILDREN SAFE 660
WHEN THEY ARE UNDER THE CARE, CUSTODY, OR CONTROL OF A PERSON 661
OTHER THAN THE PARENT OR GUARDIAN; 662
(2) MAKES AVAILABLE TO ORGANIZATIONS AND ENTITIES 664
INFORMATION REGARDING THE BEST METHODS OF SCREENING AND 665
SUPERVISING VOLUNTEERS, HOW TO OBTAIN A CRIMINAL RECORDS CHECK OF 666
17
A VOLUNTEER UNDER SECTION 109.575 OF THE REVISED CODE, THE 667
ESTABLISHMENT OF REHABILITATION STANDARDS PURSUANT TO SECTION 668
109.577 OF THE REVISED CODE, CONFIDENTIALITY ISSUES RELATING TO 669
REPORTS OF CRIMINAL RECORDS CHECKS, AND RECORD KEEPING REGARDING 670
THE REPORTS;
(3) MAKES AVAILABLE TO VOLUNTEERS INFORMATION REGARDING 672
THE CRIMINAL RECORDS CHECK PROCESS UNDER SECTION 109.575 OF THE 674
REVISED CODE, THE REASON A CRIMINAL RECORDS CHECK MAY BE REQUIRED 675
OF A VOLUNTEER, AND DISPLAYING APPROPRIATE BEHAVIOR TO MINORS; 677
(4) MAKES AVAILABLE TO CHILDREN ADVICE ON PERSONAL SAFETY 679
AND INFORMATION ON WHAT ACTION TO TAKE IF SOMEONE TAKES 680
INAPPROPRIATE ACTION TOWARDS A CHILD. 681
(B) THE PROGRAM SHALL BEGIN MAKING THE MATERIALS DESCRIBED 683
IN THIS SECTION AVAILABLE NOT LATER THAN ONE YEAR AFTER THE 684
EFFECTIVE DATE OF THIS SECTION. 685
Sec. 2953.32. (A)(1) Except as provided in section 694
2953.61 of the Revised Code, a first offender may apply to the 695
sentencing court if convicted in this state, or to a court of 696
common pleas if convicted in another state or in a federal court, 697
for the sealing of the conviction record. Application may be 699
made at the expiration of three years after the offender's final 700
discharge if convicted of a felony, or at the expiration of one 701
year after the offender's final discharge if convicted of a 702
misdemeanor.
(2) Any person who has been arrested for any misdemeanor 704
offense and who has effected a bail forfeiture may apply to the 705
court in which the misdemeanor criminal case was pending when 706
bail was forfeited for the sealing of the record of the case. 708
Except as provided in section 2953.61 of the Revised Code, the
application may be filed at any time after the expiration of one 709
year from the date on which the bail forfeiture was entered upon 710
the minutes of the court or the journal, whichever entry occurs 711
first. 712
(B) Upon the filing of an application under this section, 714
18
the court shall set a date for a hearing and shall notify the 715
prosecutor for the case of the hearing on the application. The 716
prosecutor may object to the granting of the application by 717
filing an objection with the court prior to the date set for the 718
hearing. The prosecutor shall specify in the objection the 719
reasons for believing a denial of the application is justified. 721
The court shall direct its regular probation officer, a state 722
probation officer, or the department of probation of the county 723
in which the applicant resides to make inquiries and written 724
reports as the court requires concerning the applicant. 725
(C)(1) The court shall do each of the following: 727
(a) Determine whether the applicant is a first offender or 729
whether the forfeiture of bail was agreed to by the applicant and 730
the prosecutor in the case. If the applicant applies as a first 732
offender pursuant to division (A)(1) of this section and has two 733
or three convictions that result from the same indictment,
information, or complaint, from the same plea of guilty, or from 734
the same official proceeding, and result from related criminal 735
acts that were committed within a three-month period but do not 736
result from the same act or from offenses committed at the same 737
time, in making its determination under this division, the court
initially shall determine whether it is not in the public 738
interest for the two or three convictions to be counted as one 739
conviction. If the court determines that it is not in the public 740
interest for the two or three convictions to be counted as one 741
conviction, the court shall determine that the applicant is not a 742
first offender; if the court does not make that determination,
the court shall determine that the offender is a first offender. 743
(b) Determine whether criminal proceedings are pending 745
against the applicant; 746
(c) If the applicant is a first offender who applies 748
pursuant to division (A)(1) of this section, determine whether 749
the applicant has been rehabilitated to the satisfaction of the 750
court; 751
19
(d) If the prosecutor has filed an objection in accordance 753
with division (B) of this section, consider the reasons against 754
granting the application specified by the prosecutor in the 755
objection; 756
(e) Weigh the interests of the applicant in having the 758
records pertaining to the applicant's conviction sealed against 759
the legitimate needs, if any, of the government to maintain those 760
records. 761
(2) If the court determines, after complying with division 763
(C)(1) of this section, that the applicant is a first offender or 764
the subject of a bail forfeiture, that no criminal proceeding is 765
pending against the applicant, and that the interests of the 766
applicant in having the records pertaining to the applicant's 768
conviction or bail forfeiture sealed are not outweighed by any 769
legitimate governmental needs to maintain those records, and that 770
the rehabilitation of an applicant who is a first offender 771
applying pursuant to division (A)(1) of this section has been 772
attained to the satisfaction of the court, the court, except as 773
provided in division (G) of this section, shall order all 774
official records pertaining to the case sealed and, except as 775
provided in division (F) of this section, all index references to 776
the case deleted and, in the case of bail forfeitures, shall 777
dismiss the charges in the case. The proceedings in the case 778
shall be considered not to have occurred and the conviction or 779
bail forfeiture of the person who is the subject of the 780
proceedings shall be sealed, except that upon conviction of a 781
subsequent offense, the sealed record of prior conviction or bail 782
forfeiture may be considered by the court in determining the 783
sentence or other appropriate disposition, including the relief 784
provided for in sections 2953.31 to 2953.33 of the Revised Code. 785
(3) Upon the filing of an application under this section, 787
the applicant, unless indigent, shall pay a fee of fifty dollars. 790
The court shall pay thirty dollars of the fee into the state 791
treasury. It shall pay twenty dollars of the fee into the county 792
20
general revenue fund if the sealed conviction or bail forfeiture 793
was pursuant to a state statute, or into the general revenue fund 794
of the municipal corporation involved if the sealed conviction or 795
bail forfeiture was pursuant to a municipal ordinance. 796
(D) Inspection of the sealed records included in the order 798
may be made only by the following persons or for the following 799
purposes: 800
(1) By a law enforcement officer or prosecutor, or the 803
assistants of either, to determine whether the nature and 804
character of the offense with which a person is to be charged 805
would be affected by virtue of the person's previously having 806
been convicted of a crime; 807
(2) By the parole or probation officer of the person who 809
is the subject of the records, for the exclusive use of the 810
officer in supervising the person while on parole or probation 812
and in making inquiries and written reports as requested by the 813
court or adult parole authority;
(3) Upon application by the person who is the subject of 815
the records, by the persons named in the application; 816
(4) By a law enforcement officer who was involved in the 818
case, for use in the officer's defense of a civil action arising 819
out of the officer's involvement in that case; 820
(5) By a prosecuting attorney or the prosecuting 822
attorney's assistants to determine a defendant's eligibility to 823
enter a pre-trial diversion program established pursuant to 824
section 2935.36 of the Revised Code; 825
(6) By any law enforcement agency or any authorized 827
employee of a law enforcement agency or by the department of 828
rehabilitation and correction as part of a background 829
investigation of a person who applies for employment with the 830
agency as a law enforcement officer or with the department as a 831
corrections officer; 832
(7) By any law enforcement agency or any authorized 834
employee of a law enforcement agency, for the purposes set forth 835
21
in, and in the manner provided in, section 2953.321 of the 836
Revised Code; 837
(8) By the bureau of criminal identification and 839
investigation or any authorized employee of the bureau for the 840
purpose of providing information to a board or person pursuant to 841
division (F) or (G) of section 109.57 of the Revised Code OR TO A 842
PERSON OR ENTITY PURSUANT TO DIVISION (F) OF SECTION 109.575 OF 843
THE REVISED CODE;
(9) By the bureau of criminal identification and 845
investigation or any authorized employee of the bureau for the 846
purpose of performing a criminal history records check on a 848
person to whom a certificate as prescribed in section 109.77 of 849
the Revised Code is to be awarded. 850
When the nature and character of the offense with which a 852
person is to be charged would be affected by the information, it 853
may be used for the purpose of charging the person with an 854
offense. 855
(E) In any criminal proceeding, proof of any otherwise 857
admissible prior conviction may be introduced and proved, 858
notwithstanding the fact that for any such prior conviction an 859
order of sealing previously was issued pursuant to sections 860
2953.31 to 2953.36 of the Revised Code. 861
(F) The person or governmental agency, office, or 863
department that maintains sealed records pertaining to 864
convictions or bail forfeitures that have been sealed pursuant to 865
this section may maintain a manual or computerized index to the 866
sealed records. The index shall contain only the name of, and 867
alphanumeric identifiers that relate to, the persons who are the 868
subject of the sealed records, the word "sealed," and the name of 869
the person, agency, office, or department that has custody of the 870
sealed records, and shall not contain the name of the crime 871
committed. The index shall be made available by the person who 872
has custody of the sealed records only for the purposes set forth 873
in divisions (C), (D), and (E) of this section. 874
22
(G) Notwithstanding any provision of this section or 876
section 2953.33 of the Revised Code that requires otherwise, a 877
board of education of a city, local, exempted village, or joint 878
vocational school district that maintains records of an 879
individual who has been permanently excluded under sections 880
3301.121 and 3313.662 of the Revised Code is permitted to 881
maintain records regarding a conviction that was used as the 882
basis for the individual's permanent exclusion, regardless of a 883
court order to seal the record. An order issued under this 884
section to seal the record of a conviction does not revoke the 885
adjudication order of the superintendent of public instruction to 886
permanently exclude the individual who is the subject of the 887
sealing order. An order issued under this section to seal the 888
record of a conviction of an individual may be presented to a 889
district superintendent as evidence to support the contention 890
that the superintendent should recommend that the permanent 891
exclusion of the individual who is the subject of the sealing 892
order be revoked. Except as otherwise authorized by this 893
division and sections 3301.121 and 3313.662 of the Revised Code, 894
any school employee in possession of or having access to the 895
sealed conviction records of an individual that were the basis of 896
a permanent exclusion of the individual is subject to section 897
2953.35 of the Revised Code. 898
Section 2. That existing sections 109.572 and 2953.32 of 900
the Revised Code are hereby repealed. 901
Section 3. Section 109.572 of the Revised Code is 903
presented in this act as a composite of the section as amended by 904
both Sub. H.B. 448 and Sub. H.B. 538 of the 123rd General 905
Assembly, with the new language of neither of the acts shown in 906
capital letters. This is in recognition of the principle stated 907
in division (B) of section 1.52 of the Revised Code that such 908
amendments are to be harmonized where not substantively 909
irreconcilable and constitutes a legislative finding that such is 910
the resulting version in effect prior to the effective date of 911
23
this act.