SENATORS Herington, Ryan, Coughlin, Amstutz, Carnes, Robert Gardner, Goodman, Hagan, Harris, Hottinger, Jordan, Nein, Roberts, Oelslager, Shoemaker, Mumper, Jacobson, White, Mead, Blessing

To amend sections 2907.02, 2929.13, 2929.14, 2929.19,

1

2950.01, 2950.03, 2950.04, 2950.06, 2950.07,

2

2950.09, 2950.10, 2950.11, 2950.13, and 2967.13 of

3

the Revised Code to eliminate the requirement of

4

force or a threat of force for a sentence of life

5

imprisonment for the rape of a child who is less

6

than ten years of age; to require either life

7

imprisonment or life imprisonment without parole

8

for the rape of a child less than thirteen years of

9

age, if the offender previously was convicted of the

10

rape of a child under that age or caused serious

11

physical harm to the victim; to provide a mandatory

12

prison term for attempted rape if the completed

13

rape would subject the offender to life

14

imprisonment; to specify that a conviction of or

15

plea of guilty to rape when the victim was under 13

16

years of age automatically subjects the offender to

17

the same duties and requirements as a sexual

18

predator under the Sex Offender Registration and

19

Notification Law; and to declare an emergency.

20

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

Section 1. That sections 2907.02, 2929.13, 2929.14, 2929.19,	21
2950.01, 2950.03, 2950.04, 2950.06, 2950.07, 2950.09, 2950.10,	22
2950.11, 2950.13, and 2967.13 of the Revised Code be amended to	23
read as follows:	24

Sec. 2907.02.  (A)(1) No person shall engage in sexual	25
conduct with another who is not the spouse of the offender or who	26
is the spouse of the offender but is living separate and apart	27
from the offender, when any of the following applies:	28

(a) For the purpose of preventing resistance, the offender	29
substantially impairs the other person's judgment or control by	30
administering any drug, intoxicant, or controlled substance to the	31
other person surreptitiously or by force, threat of force, or	32
deception.	33

(b) The other person is less than thirteen years of age,	34
whether or not the offender knows the age of the other person.	35

(c) The other person's ability to resist or consent is	36
substantially impaired because of a mental or physical condition	37
or because of advanced age, and the offender knows or has	38
reasonable cause to believe that the other person's ability to	39
resist or consent is substantially impaired because of a mental or	40
physical condition or because of advanced age.	41

(2) No person shall engage in sexual conduct with another	42
when the offender purposely compels the other person to submit by	43
force or threat of force.	44

(B) Whoever violates this section is guilty of rape, a	45
felony of the first degree. If the offender under division	46
(A)(1)(a) of this section substantially impairs the other person's	47
judgment or control by administering any controlled substance	48
described in section 3719.41 of the Revised Code to the other	49
person surreptitiously or by force, threat of force, or deception,	50
the prison term imposed upon the offender shall be one of the	51
prison terms prescribed for a felony of the first degree in	52
section 2929.14 of the Revised Code that is not less than five	53
years. If the offender under division (A)(1)(b) of this section	54
purposely compels the victim to submit by force or threat of force	55
or if the victim under division (A)(1)(b) of this section is less	56
than ten years of age, whoever violates division (A)(1)(b) of this	57
section shall be imprisoned for life. If the offender under	58
division (A)(1)(b) of this section previously has been convicted	59
of or pleaded guilty to violating division (A)(1)(b) of this	60
section or to violating a law of another state or the United	61
States that is substantially similar to division (A)(1)(b) of this	62
section or if the offender during or immediately after the	63
commission of the offense caused serious physical harm to the	64
victim, whoever violates division (A)(1)(b) of this section shall	65
be imprisoned for life or life without parole.	66

(C) A victim need not prove physical resistance to the	67
offender in prosecutions under this section.	68

(D) Evidence of specific instances of the victim's sexual	69
activity, opinion evidence of the victim's sexual activity, and	70
reputation evidence of the victim's sexual activity shall not be	71
admitted under this section unless it involves evidence of the	72
origin of semen, pregnancy, or disease, or the victim's past	73
sexual activity with the offender, and only to the extent that the	74
court finds that the evidence is material to a fact at issue in	75
the case and that its inflammatory or prejudicial nature does not	76
outweigh its probative value.	77

Evidence of specific instances of the defendant's sexual	78
activity, opinion evidence of the defendant's sexual activity, and	79
reputation evidence of the defendant's sexual activity shall not	80
be admitted under this section unless it involves evidence of the	81
origin of semen, pregnancy, or disease, the defendant's past	82
sexual activity with the victim, or is admissible against the	83
defendant under section 2945.59 of the Revised Code, and only to	84
the extent that the court finds that the evidence is material to a	85
fact at issue in the case and that its inflammatory or prejudicial	86
nature does not outweigh its probative value.	87

(E) Prior to taking testimony or receiving evidence of any	88
sexual activity of the victim or the defendant in a proceeding	89
under this section, the court shall resolve the admissibility of	90
the proposed evidence in a hearing in chambers, which shall be	91
held at or before preliminary hearing and not less than three days	92
before trial, or for good cause shown during the trial.	93

(F) Upon approval by the court, the victim may be	94
represented by counsel in any hearing in chambers or other	95
proceeding to resolve the admissibility of evidence. If the	96
victim is indigent or otherwise is unable to obtain the services	97
of counsel, the court, upon request, may appoint counsel to	98
represent the victim without cost to the victim.	99

(G) It is not a defense to a charge under division (A)(2) of	100
this section that the offender and the victim were married or were	101
cohabiting at the time of the commission of the offense.	102

Sec. 2929.13.  (A) Except as provided in division (E), (F),	103
or (G) of this section and unless a specific sanction is required	104
to be imposed or is precluded from being imposed pursuant to law,	105
a court that imposes a sentence upon an offender for a felony may	106
impose any sanction or combination of sanctions on the offender	107
that are provided in sections 2929.14 to 2929.18 of the Revised	108
Code. The sentence shall not impose an unnecessary burden on	109
state or local government resources.	110

If the offender is eligible to be sentenced to community	111
control sanctions, the court shall consider the appropriateness of	112
imposing a financial sanction pursuant to section 2929.18 of the	113
Revised Code or a sanction of community service pursuant to	114
section 2929.17 of the Revised Code as the sole sanction for the	115
offense. Except as otherwise provided in this division, if the	116
court is required to impose a mandatory prison term for the	117
offense for which sentence is being imposed, the court also may	118
impose a financial sanction pursuant to section 2929.18 of the	119
Revised Code but may not impose any additional sanction or	120
combination of sanctions under section 2929.16 or 2929.17 of the	121
Revised Code.	122

If the offender is being sentenced for a fourth degree felony	123
OMVI offense or for a third degree felony OMVI offense, in	124
addition to the mandatory term of local incarceration or the	125
mandatory prison term required for the offense by division (G)(1)	126
or (2) of this section, the court shall impose upon the offender a	127
mandatory fine in accordance with division (B)(3) of section	128
2929.18 of the Revised Code and may impose whichever of the	129
following is applicable:	130

(1) For a fourth degree felony OMVI offense for which	131
sentence is imposed under division (G)(1) of this section, an	132
additional community control sanction or combination of community	133
control sanctions under section 2929.16 or 2929.17 of the Revised	134
Code;	135

(2) For a third or fourth degree felony OMVI offense for	136
which sentence is imposed under division (G)(2) of this section,	137
an additional prison term as described in division (D)(4) of	138
section 2929.14 of the Revised Code.	139

(B)(1) Except as provided in division (B)(2), (E), (F), or	140
(G) of this section, in sentencing an offender for a felony of the	141
fourth or fifth degree, the sentencing court shall determine	142
whether any of the following apply:	143

(a) In committing the offense, the offender caused physical	144
harm to a person.	145

(b) In committing the offense, the offender attempted to	146
cause or made an actual threat of physical harm to a person with a	147
deadly weapon.	148

(c) In committing the offense, the offender attempted to	149
cause or made an actual threat of physical harm to a person, and	150
the offender previously was convicted of an offense that caused	151
physical harm to a person.	152

(d) The offender held a public office or position of trust	153
and the offense related to that office or position; the offender's	154
position obliged the offender to prevent the offense or to bring	155
those committing it to justice; or the offender's professional	156
reputation or position facilitated the offense or was likely to	157
influence the future conduct of others.	158

(e) The offender committed the offense for hire or as part	159
of an organized criminal activity.	160

(f) The offense is a sex offense that is a fourth or fifth	161
degree felony violation of section 2907.03, 2907.04, 2907.05,	162
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	163
Revised Code.	164

(g) The offender previously served a prison term.

165

(h) The offender committed the offense while under a	166
community control sanction, while on probation, or while released	167
from custody on a bond or personal recognizance.	168

(i) The offender committed the offense while in possession	169
of a firearm.	170

(2)(a) If the court makes a finding described in division	171
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	172
section and if the court, after considering the factors set forth	173
in section 2929.12 of the Revised Code, finds that a prison term	174
is consistent with the purposes and principles of sentencing set	175
forth in section 2929.11 of the Revised Code and finds that the	176
offender is not amenable to an available community control	177
sanction, the court shall impose a prison term upon the offender.	178

(b) Except as provided in division (E), (F), or (G) of this	179
section, if the court does not make a finding described in	180
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	181
this section and if the court, after considering the factors set	182
forth in section 2929.12 of the Revised Code, finds that a	183
community control sanction or combination of community control	184
sanctions is consistent with the purposes and principles of	185
sentencing set forth in section 2929.11 of the Revised Code, the	186
court shall impose a community control sanction or combination of	187
community control sanctions upon the offender.	188

(C) Except as provided in division (E), (F), or (G) of this	189
section, in determining whether to impose a prison term as a	190
sanction for a felony of the third degree or a felony drug offense	191
that is a violation of a provision of Chapter 2925. of the Revised	192
Code and that is specified as being subject to this division for	193
purposes of sentencing, the sentencing court shall comply with the	194
purposes and principles of sentencing under section 2929.11 of the	195
Revised Code and with section 2929.12 of the Revised Code.	196

(D) Except as provided in division (E) or (F) of this	197
section, for a felony of the first or second degree and for a	198
felony drug offense that is a violation of any provision of	199
Chapter 2925., 3719., or 4729. of the Revised Code for which a	200
presumption in favor of a prison term is specified as being	201
applicable, it is presumed that a prison term is necessary in	202
order to comply with the purposes and principles of sentencing	203
under section 2929.11 of the Revised Code. Notwithstanding the	204
presumption established under this division, the sentencing court	205
may impose a community control sanction or a combination of	206
community control sanctions instead of a prison term on an	207
offender for a felony of the first or second degree or for a	208
felony drug offense that is a violation of any provision of	209
Chapter 2925., 3719., or 4729. of the Revised Code for which a	210
presumption in favor of a prison term is specified as being	211
applicable if it makes both of the following findings:	212

(1) A community control sanction or a combination of	213
community control sanctions would adequately punish the offender	214
and protect the public from future crime, because the applicable	215
factors under section 2929.12 of the Revised Code indicating a	216
lesser likelihood of recidivism outweigh the applicable factors	217
under that section indicating a greater likelihood of recidivism.	218

(2) A community control sanction or a combination of	219
community control sanctions would not demean the seriousness of	220
the offense, because one or more factors under section 2929.12 of	221
the Revised Code that indicate that the offender's conduct was	222
less serious than conduct normally constituting the offense are	223
applicable, and they outweigh the applicable factors under that	224
section that indicate that the offender's conduct was more serious	225
than conduct normally constituting the offense.	226

(E)(1) Except as provided in division (F) of this section,	227
for any drug offense that is a violation of any provision of	228
Chapter 2925. of the Revised Code and that is a felony of the	229
third, fourth, or fifth degree, the applicability of a presumption	230
under division (D) of this section in favor of a prison term or of	231
division (B) or (C) of this section in determining whether to	232
impose a prison term for the offense shall be determined as	233
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	234
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	235
Revised Code, whichever is applicable regarding the violation.	236

(2) If an offender who was convicted of or pleaded guilty to	237
a felony violates the conditions of a community control sanction	238
imposed for the offense solely by reason of producing positive	239
results on a drug test, the court, as punishment for the violation	240
of the sanction, shall not order that the offender be imprisoned	241
unless the court determines on the record either of the following:	242

(a) The offender had been ordered as a sanction for the	243
felony to participate in a drug treatment program, in a drug	244
education program, or in narcotics anonymous or a similar program,	245
and the offender continued to use illegal drugs after a reasonable	246
period of participation in the program.	247

(b) The imprisonment of the offender for the violation is	248
consistent with the purposes and principles of sentencing set	249
forth in section 2929.11 of the Revised Code.	250

(F) Notwithstanding divisions (A) to (E) of this section,	251
the court shall impose a prison term or terms under sections	252
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the	253
Revised Code and except as specifically provided in section	254
2929.20 or 2967.191 of the Revised Code or when parole is	255
authorized for the offense under section 2967.13 of the Revised	256
Code shall not reduce the terms pursuant to section 2929.20,	257
section 2967.193, or any other provision of Chapter 2967. or	258
Chapter 5120. of the Revised Code for any of the following	259
offenses:	260

(1) Aggravated murder when death is not imposed or murder;

261

(2) Any rape, regardless of whether force was involved and	262
regardless of the age of the victim, or an attempt to commit rape	263
by force when the victim is under thirteen years of ageif, had	264
the offender completed the rape that was attempted, the offender	265
would have been subject to a sentence of life imprisonment or life	266
imprisonment without parole for the rape;	267

(3) Gross sexual imposition or sexual battery, if the victim	268
is under thirteen years of age, if the offender previously was	269
convicted of or pleaded guilty to rape, the former offense of	270
felonious sexual penetration, gross sexual imposition, or sexual	271
battery, and if the victim of the previous offense was under	272
thirteen years of age;	273

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	274
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	275
requires the imposition of a prison term;	276

(5) A first, second, or third degree felony drug offense for	277
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	278
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	279
4729.99 of the Revised Code, whichever is applicable regarding the	280
violation, requires the imposition of a mandatory prison term;	281

(6) Any offense that is a first or second degree felony and	282
that is not set forth in division (F)(1), (2), (3), or (4) of this	283
section, if the offender previously was convicted of or pleaded	284
guilty to aggravated murder, murder, any first or second degree	285
felony, or an offense under an existing or former law of this	286
state, another state, or the United States that is or was	287
substantially equivalent to one of those offenses;	288

(7) Any offense that is a third degree felony and that is	289
listed in division (DD)(1) of section 2929.01 of the Revised Code	290
if the offender previously was convicted of or pleaded guilty to	291
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	292
section 2929.01 of the Revised Code;	293

(8) Any offense, other than a violation of section 2923.12	294
of the Revised Code, that is a felony, if the offender had a	295
firearm on or about the offender's person or under the offender's	296
control while committing the felony, with respect to a portion of	297
the sentence imposed pursuant to division (D)(1)(a) of section	298
2929.14 of the Revised Code for having the firearm;	299

(9) Any offense of violence that is a felony, if the	300
offender wore or carried body armor while committing the felony	301
offense of violence, with respect to the portion of the sentence	302
imposed pursuant to division (D)(1)(d) of section 2929.14 of the	303
Revised Code for wearing or carrying the body armor;	304

(10) Corrupt activity in violation of section 2923.32 of the	305
Revised Code when the most serious offense in the pattern of	306
corrupt activity that is the basis of the offense is a felony of	307
the first degree;	308

(11) Any sexually violent offense for which the offender	309
also is convicted of or pleads guilty to a sexually violent	310
predator specification that was included in the indictment, count	311
in the indictment, or information charging the sexually violent	312
offense;	313

(12) A violation of division (A)(1) or (2) of section	314
2921.36 of the Revised Code, or a violation of division (C) of	315
that section involving an item listed in division (A)(1) or (2) of	316
that section, if the offender is an officer or employee of the	317
department of rehabilitation and correction.	318

(G) Notwithstanding divisions (A) to (E) of this section, if	319
an offender is being sentenced for a fourth degree felony OMVI	320
offense or for a third degree felony OMVI offense, the court shall	321
impose upon the offender a mandatory term of local incarceration	322
or a mandatory prison term in accordance with the following:	323

(1) If the offender is being sentenced for a fourth degree	324
felony OMVI offense, the court may impose upon the offender a	325
mandatory term of local incarceration of sixty days as specified	326
in division (A)(4) of section 4511.99 of the Revised Code or a	327
mandatory term of local incarceration of one hundred twenty days	328
as specified in division (A)(8) of that section. The court shall	329
not reduce the term pursuant to section 2929.20, 2967.193, or any	330
other provision of the Revised Code. The court that imposes a	331
mandatory term of local incarceration under this division shall	332
specify whether the term is to be served in a jail, a	333
community-based correctional facility, a halfway house, or an	334
alternative residential facility, and the offender shall serve the	335
term in the type of facility specified by the court. A mandatory	336
term of local incarceration imposed under division (G)(1) of this	337
section is not subject to extension under section 2967.11 of the	338
Revised Code, to a period of post-release control under section	339
2967.28 of the Revised Code, or to any other Revised Code	340
provision that pertains to a prison term.	341

(2) If the offender is being sentenced for a third degree	342
felony OMVI offense, or if the offender is being sentenced for a	343
fourth degree felony OMVI offense and the court does not impose a	344
mandatory term of local incarceration under division (G)(1) of	345
this section, the court shall impose upon the offender a mandatory	346
prison term of sixty days as specified in division (A)(4) of	347
section 4511.99 of the Revised Code or a mandatory prison term of	348
one hundred twenty days as specified in division (A)(8) of that	349
section. The court shall not reduce the term pursuant to section	350
2929.20, 2967.193, or any other provision of the Revised Code. In	351
no case shall an offender who once has been sentenced to a	352
mandatory term of local incarceration pursuant to division (G)(1)	353
of this section for a fourth degree felony OMVI offense be	354
sentenced to another mandatory term of local incarceration under	355
that division for any violation of division (A) of section 4511.19	356
of the Revised Code. The court shall not sentence the offender to	357
a community control sanction under section 2929.16 or 2929.17 of	358
the Revised Code. The department of rehabilitation and correction	359
may place an offender sentenced to a mandatory prison term under	360
this division in an intensive program prison established pursuant	361
to section 5120.033 of the Revised Code if the department gave the	362
sentencing judge prior notice of its intent to place the offender	363
in an intensive program prison established under that section and	364
if the judge did not notify the department that the judge	365
disapproved the placement. Upon the establishment of the initial	366
intensive program prison pursuant to section 5120.033 of the	367
Revised Code that is privately operated and managed by a	368
contractor pursuant to a contract entered into under section 9.06	369
of the Revised Code, both of the following apply:	370

(a) The department of rehabilitation and correction shall	371
make a reasonable effort to ensure that a sufficient number of	372
offenders sentenced to a mandatory prison term under this division	373
are placed in the privately operated and managed prison so that	374
the privately operated and managed prison has full occupancy.	375

(b) Unless the privately operated and managed prison has	376
full occupancy, the department of rehabilitation and correction	377
shall not place any offender sentenced to a mandatory prison term	378
under this division in any intensive program prison established	379
pursuant to section 5120.033 of the Revised Code other than the	380
privately operated and managed prison.	381

(H) If an offender is being sentenced for a sexually	382
oriented offense committed on or after January 1, 1997, the judge	383
shall require the offender to submit to a DNA specimen collection	384
procedure pursuant to section 2901.07 of the Revised Code if	385
either of the following applies:	386

(1) The offense was a sexually violent offense, and the	387
offender also was convicted of or pleaded guilty to a sexually	388
violent predator specification that was included in the	389
indictment, count in the indictment, or information charging the	390
sexually violent offense.	391

(2) The judge imposing sentence for the sexually oriented	392
offense determines pursuant to division (B) of section 2950.09 of	393
the Revised Code that the offender is a sexual predator.	394

(I) If an offender is being sentenced for a sexually	395
oriented offense committed on or after January 1, 1997, the judge	396
shall include in the sentence a summary of the offender's duty to	397
register pursuant to section 2950.04 of the Revised Code, the	398
offender's duty to provide notice of a change in residence address	399
and register the new residence address pursuant to section 2950.05	400
of the Revised Code, the offender's duty to periodically verify	401
the offender's current residence address pursuant to section	402
2950.06 of the Revised Code, and the duration of the duties. The	403
judge shall inform the offender, at the time of sentencing, of	404
those duties and of their duration and, if required under division	405
(A)(2) of section 2950.03 of the Revised Code, shall perform the	406
duties specified in that section.	407

(J)(1) Except as provided in division (J)(2) of this	408
section, when considering sentencing factors under this section in	409
relation to an offender who is convicted of or pleads guilty to an	410
attempt to commit an offense in violation of section 2923.02 of	411
the Revised Code, the sentencing court shall consider the factors	412
applicable to the felony category of the violation of section	413
2923.02 of the Revised Code instead of the factors applicable to	414
the felony category of the offense attempted.	415

(2) When considering sentencing factors under this section	416
in relation to an offender who is convicted of or pleads guilty to	417
an attempt to commit a drug abuse offense for which the penalty is	418
determined by the amount or number of unit doses of the controlled	419
substance involved in the drug abuse offense, the sentencing court	420
shall consider the factors applicable to the felony category that	421
the drug abuse offense attempted would be if that drug abuse	422
offense had been committed and had involved an amount or number of	423
unit doses of the controlled substance that is within the next	424
lower range of controlled substance amounts than was involved in	425
the attempt.	426

(K) As used in this section, "drug abuse offense" has the	427
same meaning as in section 2925.01 of the Revised Code.	428

Sec. 2929.14.  (A) Except as provided in division (C),	429
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	430
in relation to an offense for which a sentence of death or life	431
imprisonment is to be imposed, if the court imposing a sentence	432
upon an offender for a felony elects or is required to impose a	433
prison term on the offender pursuant to this chapter and is not	434
prohibited by division (G)(1) of section 2929.13 of the Revised	435
Code from imposing a prison term on the offender, the court shall	436
impose a definite prison term that shall be one of the following:	437

(1) For a felony of the first degree, the prison term shall	438
be three, four, five, six, seven, eight, nine, or ten years.	439

(2) For a felony of the second degree, the prison term shall	440
be two, three, four, five, six, seven, or eight years.	441

(3) For a felony of the third degree, the prison term shall	442
be one, two, three, four, or five years.	443

(4) For a felony of the fourth degree, the prison term shall	444
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	445
fourteen, fifteen, sixteen, seventeen, or eighteen months.	446

(5) For a felony of the fifth degree, the prison term shall	447
be six, seven, eight, nine, ten, eleven, or twelve months.	448

(B) Except as provided in division (C), (D)(1), (D)(2),	449
(D)(3), or (G) of this section, in section 2907.02 of the Revised	450
Code, or in Chapter 2925. of the Revised Code, if the court	451
imposing a sentence upon an offender for a felony elects or is	452
required to impose a prison term on the offender and if the	453
offender previously has not served a prison term, the court shall	454
impose the shortest prison term authorized for the offense	455
pursuant to division (A) of this section, unless the court finds	456
on the record that the shortest prison term will demean the	457
seriousness of the offender's conduct or will not adequately	458
protect the public from future crime by the offender or others.	459

(C) Except as provided in division (G) of this section or in	460
Chapter 2925. of the Revised Code, the court imposing a sentence	461
upon an offender for a felony may impose the longest prison term	462
authorized for the offense pursuant to division (A) of this	463
section only upon offenders who committed the worst forms of the	464
offense, upon offenders who pose the greatest likelihood of	465
committing future crimes, upon certain major drug offenders under	466
division (D)(3) of this section, and upon certain repeat violent	467
offenders in accordance with division (D)(2) of this section.	468

(D)(1)(a) Except as provided in division (D)(1)(e) of this	469
section, if an offender who is convicted of or pleads guilty to a	470
felony also is convicted of or pleads guilty to a specification of	471
the type described in section 2941.141, 2941.144, or 2941.145 of	472
the Revised Code, the court shall impose on the offender one of	473
the following prison terms:	474

(i) A prison term of six years if the specification is of	475
the type described in section 2941.144 of the Revised Code that	476
charges the offender with having a firearm that is an automatic	477
firearm or that was equipped with a firearm muffler or silencer on	478
or about the offender's person or under the offender's control	479
while committing the felony;	480

(ii) A prison term of three years if the specification is of	481
the type described in section 2941.145 of the Revised Code that	482
charges the offender with having a firearm on or about the	483
offender's person or under the offender's control while committing	484
the offense and displaying the firearm, brandishing the firearm,	485
indicating that the offender possessed the firearm, or using it to	486
facilitate the offense;	487

(iii) A prison term of one year if the specification is of	488
the type described in section 2941.141 of the Revised Code that	489
charges the offender with having a firearm on or about the	490
offender's person or under the offender's control while committing	491
the felony.	492

(b) If a court imposes a prison term on an offender under	493
division (D)(1)(a) of this section, the prison term shall not be	494
reduced pursuant to section 2929.20, section 2967.193, or any	495
other provision of Chapter 2967. or Chapter 5120. of the Revised	496
Code. A court shall not impose more than one prison term on an	497
offender under division (D)(1)(a) of this section for felonies	498
committed as part of the same act or transaction.	499

(c) Except as provided in division (D)(1)(e) of this	500
section, if an offender who is convicted of or pleads guilty to a	501
violation of section 2923.161 of the Revised Code or to a felony	502
that includes, as an essential element, purposely or knowingly	503
causing or attempting to cause the death of or physical harm to	504
another, also is convicted of or pleads guilty to a specification	505
of the type described in section 2941.146 of the Revised Code that	506
charges the offender with committing the offense by discharging a	507
firearm from a motor vehicle other than a manufactured home, the	508
court, after imposing a prison term on the offender for the	509
violation of section 2923.161 of the Revised Code or for the other	510
felony offense under division (A), (D)(2), or (D)(3) of this	511
section, shall impose an additional prison term of five years upon	512
the offender that shall not be reduced pursuant to section	513
2929.20, section 2967.193, or any other provision of Chapter 2967.	514
or Chapter 5120. of the Revised Code. A court shall not impose	515
more than one additional prison term on an offender under division	516
(D)(1)(c) of this section for felonies committed as part of the	517
same act or transaction. If a court imposes an additional prison	518
term on an offender under division (D)(1)(c) of this section	519
relative to an offense, the court also shall impose a prison term	520
under division (D)(1)(a) of this section relative to the same	521
offense, provided the criteria specified in that division for	522
imposing an additional prison term are satisfied relative to the	523
offender and the offense.	524

(d) If an offender who is convicted of or pleads guilty to	525
an offense of violence that is a felony also is convicted of or	526
pleads guilty to a specification of the type described in section	527
2941.1411 of the Revised Code that charges the offender with	528
wearing or carrying body armor while committing the felony offense	529
of violence, the court shall impose on the offender a prison term	530
of two years. The prison term so imposed shall not be reduced	531
pursuant to section 2929.20, section 2967.193, or any other	532
provision of chapterChapter 2967. or chapterChapter 5120. of the	533
Revised Code. A court shall not impose more than one prison term	534
on an offender under division (D)(1)(d) of this section for	535
felonies committed as part of the same act or transaction. If a	536
court imposes an additional prison term under division (D)(1)(a)	537
or (c) of this section, the court is not precluded from imposing	538
an additional prison term under division (D)(1)(d) of this	539
section.	540

(e) The court shall not impose any of the prison terms	541
described in division (D)(1)(a) of this section or any of the	542
additional prison terms described in division (D)(1)(c) of this	543
section upon an offender for a violation of section 2923.12 or	544
2923.123 of the Revised Code. The court shall not impose any of	545
the prison terms described in division (D)(1)(a) of this section	546
or any of the additional prison terms described in division	547
(D)(1)(c) of this section upon an offender for a violation of	548
section 2923.13 of the Revised Code unless all of the following	549
apply:	550

(i) The offender previously has been convicted of aggravated	551
murder, murder, or any felony of the first or second degree.	552

(ii) Less than five years have passed since the offender was	553
released from prison or post-release control, whichever is later,	554
for the prior offense.	555

(2)(a) If an offender who is convicted of or pleads guilty	556
to a felony also is convicted of or pleads guilty to a	557
specification of the type described in section 2941.149 of the	558
Revised Code that the offender is a repeat violent offender, the	559
court shall impose a prison term from the range of terms	560
authorized for the offense under division (A) of this section that	561
may be the longest term in the range and that shall not be reduced	562
pursuant to section 2929.20, section 2967.193, or any other	563
provision of Chapter 2967. or Chapter 5120. of the Revised Code.	564
If the court finds that the repeat violent offender, in committing	565
the offense, caused any physical harm that carried a substantial	566
risk of death to a person or that involved substantial permanent	567
incapacity or substantial permanent disfigurement of a person, the	568
court shall impose the longest prison term from the range of terms	569
authorized for the offense under division (A) of this section.	570

(b) If the court imposing a prison term on a repeat violent	571
offender imposes the longest prison term from the range of terms	572
authorized for the offense under division (A) of this section, the	573
court may impose on the offender an additional definite prison	574
term of one, two, three, four, five, six, seven, eight, nine, or	575
ten years if the court finds that both of the following apply with	576
respect to the prison terms imposed on the offender pursuant to	577
division (D)(2)(a) of this section and, if applicable, divisions	578
(D)(1) and (3) of this section:	579

(i) The terms so imposed are inadequate to punish the	580
offender and protect the public from future crime, because the	581
applicable factors under section 2929.12 of the Revised Code	582
indicating a greater likelihood of recidivism outweigh the	583
applicable factors under that section indicating a lesser	584
likelihood of recidivism.	585

(ii) The terms so imposed are demeaning to the seriousness	586
of the offense, because one or more of the factors under section	587
2929.12 of the Revised Code indicating that the offender's conduct	588
is more serious than conduct normally constituting the offense are	589
present, and they outweigh the applicable factors under that	590
section indicating that the offender's conduct is less serious	591
than conduct normally constituting the offense.	592

(3)(a) Except when an offender commits a violation of	593
section 2903.01 or 2907.02 of the Revised Code and the penalty	594
imposed for the violation is life imprisonment or commits a	595
violation of section 2903.02 of the Revised Code, if the offender	596
commits a violation of section 2925.03 or 2925.11 of the Revised	597
Code and that section classifies the offender as a major drug	598
offender and requires the imposition of a ten-year prison term on	599
the offender, if the offender commits a felony violation of	600
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,	601
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of	602
section 3719.172, division (C) of section 4729.51, or division (J)	603
of section 4729.54 of the Revised Code that includes the sale,	604
offer to sell, or possession of a schedule I or II controlled	605
substance, with the exception of marihuana, and the court imposing	606
sentence upon the offender finds that the offender is guilty of a	607
specification of the type described in section 2941.1410 of the	608
Revised Code charging that the offender is a major drug offender,	609
or if the court imposing sentence upon an offender for a felony	610
finds that the offender is guilty of corrupt activity with the	611
most serious offense in the pattern of corrupt activity being a	612
felony of the first degree, or if the offender is guilty of an	613
attempted forcible violation of section 2907.02 of the Revised	614
Code with the victim being under thirteen years of age and that	615
attempted violation is the felony for which sentence is being	616
imposedand, had the offender completed the violation of section	617
2907.02 of the Revised Code that was attempted, the offender would	618
have been subject to a sentence of life imprisonment or life	619
imprisonment without parole for the violation of section 2907.02	620
of the Revised Code, the court shall impose upon the offender for	621
the felony violation a ten-year prison term that cannot be reduced	622
pursuant to section 2929.20 or Chapter 2967. or 5120. of the	623
Revised Code.	624

(b) The court imposing a prison term on an offender under	625
division (D)(3)(a) of this section may impose an additional prison	626
term of one, two, three, four, five, six, seven, eight, nine, or	627
ten years, if the court, with respect to the term imposed under	628
division (D)(3)(a) of this section and, if applicable, divisions	629
(D)(1) and (2) of this section, makes both of the findings set	630
forth in divisions (D)(2)(b)(i) and (ii) of this section.	631

(4) If the offender is being sentenced for a third or fourth	632
degree felony OMVI offense under division (G)(2) of section	633
2929.13 of the Revised Code, the sentencing court shall impose	634
upon the offender a mandatory prison term in accordance with that	635
division. In addition to the mandatory prison term, the	636
sentencing court may sentence the offender to an additional prison	637
term of any duration specified in division (A)(3) of this section	638
minus the sixty or one hundred twenty days imposed upon the	639
offender as the mandatory prison term. The total of the	640
additional prison term imposed under division (D)(4) of this	641
section plus the sixty or one hundred twenty days imposed as the	642
mandatory prison term shall equal one of the authorized prison	643
terms specified in division (A)(3) of this section. If the court	644
imposes an additional prison term under division (D)(4) of this	645
section, the offender shall serve the additional prison term after	646
the offender has served the mandatory prison term required for the	647
offense. The court shall not sentence the offender to a community	648
control sanction under section 2929.16 or 2929.17 of the Revised	649
Code.	650

(E)(1)(a) Subject to division (E)(1)(b) of this section, if	651
a mandatory prison term is imposed upon an offender pursuant to	652
division (D)(1)(a) of this section for having a firearm on or	653
about the offender's person or under the offender's control while	654
committing a felony, if a mandatory prison term is imposed upon an	655
offender pursuant to division (D)(1)(c) of this section for	656
committing a felony specified in that division by discharging a	657
firearm from a motor vehicle, or if both types of mandatory prison	658
terms are imposed, the offender shall serve any mandatory prison	659
term imposed under either division consecutively to any other	660
mandatory prison term imposed under either division or under	661
division (D)(1)(d) of this section, consecutively to and prior to	662
any prison term imposed for the underlying felony pursuant to	663
division (A), (D)(2), or (D)(3) of this section or any other	664
section of the Revised Code, and consecutively to any other prison	665
term or mandatory prison term previously or subsequently imposed	666
upon the offender.	667

(b) If a mandatory prison term is imposed upon an offender	668
pursuant to division (D)(1)(d) of this section for wearing or	669
carrying body armor while committing an offense of violence that	670
is a felony, the offender shall serve the mandatory term so	671
imposed consecutively to any other mandatory prison term imposed	672
under that division or under division (D)(1)(a) or (c) of this	673
section, consecutively to and prior to any prison term imposed for	674
the underlying felony under division (A), (D)(2), or (D)(3) of	675
this section or any other section of the Revised Code, and	676
consecutively to any other prison term or mandatory prison term	677
previously or subsequently imposed upon the offender.	678

(2) If an offender who is an inmate in a jail, prison, or	679
other residential detention facility violates section 2917.02,	680
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	681
who is under detention at a detention facility commits a felony	682
violation of section 2923.131 of the Revised Code, or if an	683
offender who is an inmate in a jail, prison, or other residential	684
detention facility or is under detention at a detention facility	685
commits another felony while the offender is an escapee in	686
violation of section 2921.34 of the Revised Code, any prison term	687
imposed upon the offender for one of those violations shall be	688
served by the offender consecutively to the prison term or term of	689
imprisonment the offender was serving when the offender committed	690
that offense and to any other prison term previously or	691
subsequently imposed upon the offender.	692

(3) If a prison term is imposed for a violation of division	693
(B) of section 2911.01 of the Revised Code or if a prison term is	694
imposed for a felony violation of division (B) of section 2921.331	695
of the Revised Code, the offender shall serve that prison term	696
consecutively to any other prison term or mandatory prison term	697
previously or subsequently imposed upon the offender.	698

(4) If multiple prison terms are imposed on an offender for	699
convictions of multiple offenses, the court may require the	700
offender to serve the prison terms consecutively if the court	701
finds that the consecutive service is necessary to protect the	702
public from future crime or to punish the offender and that	703
consecutive sentences are not disproportionate to the seriousness	704
of the offender's conduct and to the danger the offender poses to	705
the public, and if the court also finds any of the following:	706

(a) The offender committed the multiple offenses while the	707
offender was awaiting trial or sentencing, was under a sanction	708
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the	709
Revised Code, or was under post-release control for a prior	710
offense.	711

(b) The harm caused by the multiple offenses was so great or	712
unusual that no single prison term for any of the offenses	713
committed as part of a single course of conduct adequately	714
reflects the seriousness of the offender's conduct.	715

(c) The offender's history of criminal conduct demonstrates	716
that consecutive sentences are necessary to protect the public	717
from future crime by the offender.	718

(5) When consecutive prison terms are imposed pursuant to	719
division (E)(1), (2), (3), or (4) of this section, the term to be	720
served is the aggregate of all of the terms so imposed.	721

(F) If a court imposes a prison term of a type described in	722
division (B) of section 2967.28 of the Revised Code, it shall	723
include in the sentence a requirement that the offender be subject	724
to a period of post-release control after the offender's release	725
from imprisonment, in accordance with that division. If a court	726
imposes a prison term of a type described in division (C) of that	727
section, it shall include in the sentence a requirement that the	728
offender be subject to a period of post-release control after the	729
offender's release from imprisonment, in accordance with that	730
division, if the parole board determines that a period of	731
post-release control is necessary.	732

(G) If a person is convicted of or pleads guilty to a	733
sexually violent offense and also is convicted of or pleads guilty	734
to a sexually violent predator specification that was included in	735
the indictment, count in the indictment, or information charging	736
that offense, the court shall impose sentence upon the offender in	737
accordance with section 2971.03 of the Revised Code, and Chapter	738
2971. of the Revised Code applies regarding the prison term or	739
term of life imprisonment without parole imposed upon the offender	740
and the service of that term of imprisonment.	741

(H) If a person who has been convicted of or pleaded guilty	742
to a felony is sentenced to a prison term or term of imprisonment	743
under this section, sections 2929.02 to 2929.06 of the Revised	744
Code, section 2971.03 of the Revised Code, or any other provision	745
of law, section 5120.163 of the Revised Code applies regarding the	746
person while the person is confined in a state correctional	747
institution.	748

(I) If an offender who is convicted of or pleads guilty to a	749
felony that is an offense of violence also is convicted of or	750
pleads guilty to a specification of the type described in section	751
2941.142 of the Revised Code that charges the offender with having	752
committed the felony while participating in a criminal gang, the	753
court shall impose upon the offender an additional prison term of	754
one, two, or three years.	755

(J) If an offender who is convicted of or pleads guilty to	756
aggravated murder, murder, or a felony of the first, second, or	757
third degree that is an offense of violence also is convicted of	758
or pleads guilty to a specification of the type described in	759
section 2941.143 of the Revised Code that charges the offender	760
with having committed the offense in a school safety zone or	761
towards a person in a school safety zone, the court shall impose	762
upon the offender an additional prison term of two years. The	763
offender shall serve the additional two years consecutively to and	764
prior to the prison term imposed for the underlying offense.	765

(K) At the time of sentencing, the court shall determine if	766
an offender is eligible for placement in a program of shock	767
incarceration under section 5120.031 of the Revised Code or is	768
eligible for placement in an intensive program prison under	769
section 5120.032 of the Revised Code. The court may recommend the	770
offender for placement in a program of shock incarceration, if	771
eligible, or for placement in an intensive program prison, if	772
eligible, disapprove placement of the offender in a program of	773
shock incarceration or in an intensive program prison, regardless	774
of eligibility, or make no recommendation on placement of the	775
offender.	776

If the court disapproves placement of the offender in a	777
program or prison of that nature, the department of rehabilitation	778
and correction shall not place the offender in any program of	779
shock incarceration or intensive program prison.	780

If the court approves placement of the offender in a program	781
of shock incarceration or in an intensive program prison, the	782
department shall notify the court if the offender is subsequently	783
placed in the recommended program or prison and shall include with	784
the notice a brief description of the placement.	785

If the court approves placement of the offender in a program	786
of shock incarceration or in an intensive program prison and the	787
department does not subsequently place the offender in the	788
recommended program or prison, the department shall send a notice	789
to the court indicating why the offender was not placed in the	790
recommended program or prison.	791

If the court does not make a recommendation under this	792
division with respect to an eligible offender, the department	793
shall screen the offender and determine if there is an available	794
program of shock incarceration or an intensive program prison for	795
which the offender is suited. If there is an available program of	796
shock incarceration or an intensive program prison for which the	797
offender is suited, the department shall notify the court of the	798
proposed placement of the offender and shall include with the	799
notice a brief description of the placement. The court shall have	800
ten days from receipt of the notice to disapprove the placement.	801

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	802
hearing before imposing a sentence under this chapter upon an	803
offender who was convicted of or pleaded guilty to a felony and	804
before resentencing an offender who was convicted of or pleaded	805
guilty to a felony and whose case was remanded pursuant to section	806
2953.07 or 2953.08 of the Revised Code. At the hearing, the	807
offender, the prosecuting attorney, the victim or the victim's	808
representative in accordance with section 2930.14 of the Revised	809
Code, and, with the approval of the court, any other person may	810
present information relevant to the imposition of sentence in the	811
case. The court shall inform the offender of the verdict of the	812
jury or finding of the court and ask the offender whether the	813
offender has anything to say as to why sentence should not be	814
imposed upon the offender.	815

(2) Except as otherwise provided in this division, before	816
imposing sentence on an offender who is being sentenced for a	817
sexually oriented offense that was committed on or after January	818
1, 1997, and that is not a sexually violent offense, and before	819
imposing sentence on an offender who is being sentenced for a	820
sexually violent offense committed on or after January 1, 1997,	821
and who was not charged with a sexually violent predator	822
specification in the indictment, count in the indictment, or	823
information charging the sexually violent offense, the court shall	824
conduct a hearing in accordance with division (B) of section	825
2950.09 of the Revised Code to determine whether the offender is a	826
sexual predator. The court shall not conduct a hearing under that	827
division if the offender is being sentenced for a sexually violent	828
offense and a sexually violent predator specification was included	829
in the indictment, count in the indictment, or information	830
charging the sexually violent offense. Before imposing sentence	831
on an offender who is being sentenced for a sexually oriented	832
offense, the court also shall comply with division (E) of section	833
2950.09 of the Revised Code.	834

(B)(1) At the sentencing hearing, the court, before imposing	835
sentence, shall consider the record, any information presented at	836
the hearing by any person pursuant to division (A) of this	837
section, and, if one was prepared, the presentence investigation	838
report made pursuant to section 2951.03 of the Revised Code or	839
Criminal Rule 32.2, and any victim impact statement made pursuant	840
to section 2947.051 of the Revised Code.	841

(2) The court shall impose a sentence and shall make a	842
finding that gives its reasons for selecting the sentence imposed	843
in any of the following circumstances:	844

(a) Unless the offense is a sexually violent offense for	845
which the court is required to impose sentence pursuant to	846
division (G) of section 2929.14 of the Revised Code, if it imposes	847
a prison term for a felony of the fourth or fifth degree or for a	848
felony drug offense that is a violation of a provision of Chapter	849
2925. of the Revised Code and that is specified as being subject	850
to division (B) of section 2929.13 of the Revised Code for	851
purposes of sentencing, its reasons for imposing the prison term,	852
based upon the overriding purposes and principles of felony	853
sentencing set forth in section 2929.11 of the Revised Code, and	854
any factors listed in divisions (B)(1)(a) to (i) of section	855
2929.13 of the Revised Code that it found to apply relative to the	856
offender.	857

(b) If it does not impose a prison term for a felony of the	858
first or second degree or for a felony drug offense that is a	859
violation of a provision of Chapter 2925. of the Revised Code and	860
for which a presumption in favor of a prison term is specified as	861
being applicable, its reasons for not imposing the prison term and	862
for overriding the presumption, based upon the overriding purposes	863
and principles of felony sentencing set forth in section 2929.11	864
of the Revised Code, and the basis of the findings it made under	865
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	866

(c) If it imposes consecutive sentences under section	867
2929.14 of the Revised Code, its reasons for imposing the	868
consecutive sentences;	869

(d) If the sentence is for one offense and it imposes a	870
prison term for the offense that is the maximum prison term	871
allowed for that offense by division (A) of section 2929.14 of the	872
Revised Code, its reasons for imposing the maximum prison term;	873

(e) If the sentence is for two or more offenses arising out	874
of a single incident and it imposes a prison term for those	875
offenses that is the maximum prison term allowed for the offense	876
of the highest degree by division (A) of section 2929.14 of the	877
Revised Code, its reasons for imposing the maximum prison term.	878

(3) Subject to division (B)(4) of this section, if the	879
sentencing court determines at the sentencing hearing that a	880
prison term is necessary or required, the court shall do all of	881
the following:	882

(a) Impose a stated prison term;

883

(b) Notify the offender that, as part of the sentence, the	884
parole board may extend the stated prison term for certain	885
violations of prison rules for up to one-half of the stated prison	886
term;	887

(c) Notify the offender that the offender will be supervised	888
under section 2967.28 of the Revised Code after the offender	889
leaves prison if the offender is being sentenced for a felony of	890
the first degree or second degree, for a felony sex offense, or	891
for a felony of the third degree in the commission of which the	892
offender caused or threatened to cause physical harm to a person;	893

(d) Notify the offender that the offender may be supervised	894
under section 2967.28 of the Revised Code after the offender	895
leaves prison if the offender is being sentenced for a felony of	896
the third, fourth, or fifth degree that is not subject to division	897
(B)(3)(c) of this section;	898

(e) Notify the offender that, if a period of supervision is	899
imposed following the offender's release from prison, as described	900
in division (B)(3)(c) or (d) of this section, and if the offender	901
violates that supervision or a condition of post-release control	902
imposed under division (B) of section 2967.131 of the Revised	903
Code, the parole board may impose a prison term, as part of the	904
sentence, of up to one-half of the stated prison term originally	905
imposed upon the offender;	906

(f) Require that the offender not ingest or be injected with	907
a drug of abuse and submit to random drug testing as provided in	908
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	909
is applicable to the offender who is serving a prison term, and	910
require that the results of the drug test administered under any	911
of those sections indicate that the offender did not ingest or was	912
not injected with a drug of abuse.	913

(4) If the offender is being sentenced for a sexually	914
violent offense that the offender committed on or after January 1,	915
1997, and the offender also is convicted of or pleads guilty to a	916
sexually violent predator specification that was included in the	917
indictment, count in the indictment, or information charging the	918
sexually violent offense or, if the offender is being sentenced	919
for a sexually oriented offense that the offender committed on or	920
after January 1, 1997, and the court imposing the sentence has	921
determined pursuant to division (B) of section 2950.09 of the	922
Revised Code that the offender is a sexual predator, or if the	923
offender is being sentenced for an aggravated sexually oriented	924
offense as defined in section 2950.01 of the Revised Code that the	925
offender committed on or after the effective date of this	926
amendment, the court shall include in the offender's sentence a	927
statement that the offender has been adjudicated as being a sexual	928
predator or has been convicted of or pleaded guilty to an	929
aggravated sexually oriented offense, whichever is applicable, and	930
shall comply with the requirements of section 2950.03 of the	931
Revised Code. Additionally, in the circumstances described in	932
division (G) of section 2929.14 of the Revised Code, the court	933
shall impose sentence on the offender as described in that	934
division.	935

(5) If the sentencing court determines at the sentencing	936
hearing that a community control sanction should be imposed and	937
the court is not prohibited from imposing a community control	938
sanction, the court shall impose a community control sanction. The	939
court shall notify the offender that, if the conditions of the	940
sanction are violated, if the offender commits a violation of any	941
law, or if the offender leaves this state without the permission	942
of the court or the offender's probation officer, the court may	943
impose a longer time under the same sanction, may impose a more	944
restrictive sanction, or may impose a prison term on the offender	945
and shall indicate the specific prison term that may be imposed as	946
a sanction for the violation, as selected by the court from the	947
range of prison terms for the offense pursuant to section 2929.14	948
of the Revised Code.	949

(6) Before imposing a financial sanction under section	950
2929.18 of the Revised Code or a fine under section 2929.25 of the	951
Revised Code, the court shall consider the offender's present and	952
future ability to pay the amount of the sanction or fine.	953

(C)(1) If the offender is being sentenced for a fourth	954
degree felony OMVI offense under division (G)(1) of section	955
2929.13 of the Revised Code, the court shall impose the mandatory	956
term of local incarceration in accordance with that division,	957
shall impose a mandatory fine in accordance with division (B)(3)	958
of section 2929.18 of the Revised Code, and, in addition, may	959
impose additional sanctions as specified in sections 2929.15,	960
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	961
shall not impose a prison term on the offender.	962

(2) If the offender is being sentenced for a third or fourth	963
degree felony OMVI offense under division (G)(2) of section	964
2929.13 of the Revised Code, the court shall impose the mandatory	965
prison term in accordance with that division, shall impose a	966
mandatory fine in accordance with division (B)(3) of section	967
2929.18 of the Revised Code, and, in addition, may impose an	968
additional prison term as specified in section 2929.14 of the	969
Revised Code. The court shall not impose any community control	970
sanction on the offender.	971

(D) The sentencing court, pursuant to division (K) of	972
section 2929.14 of the Revised Code, may recommend placement of	973
the offender in a program of shock incarceration under section	974
5120.031 of the Revised Code or an intensive program prison under	975
section 5120.032 of the Revised Code, disapprove placement of the	976
offender in a program or prison of that nature, or make no	977
recommendation. If the court recommends or disapproves placement,	978
it shall make a finding that gives its reasons for its	979
recommendation or disapproval.	980

Sec. 2950.01. As used in this chapter, unless the context	981
clearly requires otherwise:	982

(A) "Confinement" includes, but is not limited to, a	983
community residential sanction imposed pursuant to section 2929.16	984
of the Revised Code.	985

(B) "Habitual sex offender" means, except when a juvenile	986
judge removes this classification pursuant to division (A)(2) of	987
section 2152.84 or division (C)(2) of section 2152.85 of the	988
Revised Code, a person to whom both of the following apply:	989

(1) The person is convicted of or pleads guilty to a	990
sexually oriented offense, or the person is adjudicated a	991
delinquent child for committing on or after January 1, 2002, a	992
sexually oriented offense, was fourteen years of age or older at	993
the time of committing the offense, and is classified a juvenile	994
sex offender registrant based on that adjudication.	995

(2) One of the following applies to the person:

996

(a) Regarding a person who is an offender, the person	997
previously was convicted of or pleaded guilty to one or more	998
sexually oriented offenses or previously was adjudicated a	999
delinquent child for committing one or more sexually oriented	1000
offenses and was classified a juvenile sex offender registrant or	1001
out-of-state juvenile sex offender registrant based on one or more	1002
of those adjudications, regardless of when the offense was	1003
committed and regardless of the person's age at the time of	1004
committing the offense.	1005

(b) Regarding a delinquent child, the person previously was	1006
convicted of, pleaded guilty to, or was adjudicated a delinquent	1007
child for committing one or more sexually oriented offenses,	1008
regardless of when the offense was committed and regardless of the	1009
person's age at the time of committing the offense.	1010

(C) "Prosecutor" has the same meaning as in section 2935.01	1011
of the Revised Code.	1012

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

1013

(1) Any of the following violations or offenses committed by	1014
a person eighteen years of age or older:	1015

(a) Regardless of the age of the victim of the offense, a	1016
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	1017
Code;	1018

(b) Any of the following offenses involving a minor, in the	1019
circumstances specified:	1020

(i) A violation of section 2905.01, 2905.02, 2905.03,	1021
2905.05, or 2907.04 or former section 2905.04 of the Revised Code	1022
when the victim of the offense is under eighteen years of age;	1023

(ii) A violation of section 2907.21 of the Revised Code when	1024
the person who is compelled, induced, procured, encouraged,	1025
solicited, requested, or facilitated to engage in, paid or agreed	1026
to be paid for, or allowed to engage in the sexual activity in	1027
question is under eighteen years of age;	1028

(iii) A violation of division (A)(1) or (3) of section	1029
2907.321 or 2907.322 of the Revised Code;	1030

(iv) A violation of division (A)(1) or (2) of section	1031
2907.323 of the Revised Code;	1032

(v) A violation of division (B)(5) of section 2919.22 of the	1033
Revised Code when the child who is involved in the offense is	1034
under eighteen years of age;	1035

(vi) A violation of division (D) or (E) of section 2907.07 of	1036
the Revised Code.	1037

(c) Regardless of the age of the victim of the offense, a	1038
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	1039
Revised Code, or of division (A) of section 2903.04 of the Revised	1040
Code, that is committed with a purpose to gratify the sexual needs	1041
or desires of the offender;	1042

(d) A sexually violent offense;

1043

(e) A violation of any former law of this state, any	1044
existing or former municipal ordinance or law of another state or	1045
the United States, or any existing or former law applicable in a	1046
military court or in an Indian tribal court that is or was	1047
substantially equivalent to any offense listed in division	1048
(D)(1)(a), (b), (c), or (d) of this section;	1049

(f) An attempt to commit, conspiracy to commit, or	1050
complicity in committing any offense listed in division (D)(1)(a),	1051
(b), (c), (d), or (e) of this section.	1052

(2) An act committed by a person under eighteen years of age	1053
that is any of the following:	1054

(a) Subject to division (D)(2)(h) of this section,	1055
regardless of the age of the victim of the violation, a violation	1056
of section 2907.02, 2907.03, or 2907.05 of the Revised Code;	1057

(b) Subject to division (D)(2)(h) of this section, any of	1058
the following acts involving a minor in the circumstances	1059
specified:	1060

(i) A violation of section 2905.01 or 2905.02 of the Revised	1061
Code, or of former section 2905.04 of the Revised Code, when the	1062
victim of the violation is under eighteen years of age;	1063

(ii) A violation of section 2907.21 of the Revised Code when	1064
the person who is compelled, induced, procured, encouraged,	1065
solicited, requested, or facilitated to engage in, paid or agreed	1066
to be paid for, or allowed to engage in the sexual activity in	1067
question is under eighteen years of age;	1068

(iii) A violation of division (B)(5) of section 2919.22 of	1069
the Revised Code when the child who is involved in the violation	1070
is under eighteen years of age.	1071

(c) Subject to division (D)(2)(h) of this section, any	1072
sexually violent offense that, if committed by an adult, would be	1073
a felony of the first, second, third, or fourth degree;	1074

(d) Subject to division (D)(2)(h) of this section, a	1075
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	1076
2905.02 of the Revised Code, a violation of division (A) of	1077
section 2903.04 of the Revised Code, or an attempt to violate any	1078
of those sections or that division that is committed with a	1079
purpose to gratify the sexual needs or desires of the child	1080
committing the violation;	1081

(e) Subject to division (D)(2)(h) of this section, a	1082
violation of division (A)(1) or (3) of section 2907.321, division	1083
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	1084
section 2907.323 of the Revised Code, or an attempt to violate any	1085
of those divisions, if the person who violates or attempts to	1086
violate the division is four or more years older than the minor	1087
who is the victim of the violation;	1088

(f) Subject to division (D)(2)(h) of this section, any	1089
violation of any former law of this state, any existing or former	1090
municipal ordinance or law of another state or the United States,	1091
or any existing or former law applicable in a military court or in	1092
an Indian tribal court that is or was substantially equivalent to	1093
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of	1094
this section and that, if committed by an adult, would be a felony	1095
of the first, second, third, or fourth degree;	1096

(g) Subject to division (D)(2)(h) of this section, any	1097
attempt to commit, conspiracy to commit, or complicity in	1098
committing any offense listed in division (D)(2)(a), (b), (c),	1099
(d), (e), or (f) of this section;	1100

(h) If the child's case has been transferred for criminal	1101
prosecution under section 2152.12 of the Revised Code, the act is	1102
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	1103
(f) of this section or would be any offense listed in any of those	1104
divisions if committed by an adult.	1105

(E) "Sexual predator" means a person to whom either of the	1106
following applies:	1107

(1) The person has been convicted of or pleaded guilty to	1108
committing a sexually oriented offense and is likely to engage in	1109
the future in one or more sexually oriented offenses.	1110

(2) The person has been adjudicated a delinquent child for	1111
committing a sexually oriented offense, was fourteen years of age	1112
or older at the time of committing the offense, was classified a	1113
juvenile sex offender registrant based on that adjudication, and	1114
is likely to engage in the future in one or more sexually oriented	1115
offenses.	1116

(F) "Supervised release" means a release of an offender from	1117
a prison term, a term of imprisonment, or another type of	1118
confinement that satisfies either of the following conditions:	1119

(1) The release is on parole, a conditional pardon, or	1120
probation, under transitional control, or under a post-release	1121
control sanction, and it requires the person to report to or be	1122
supervised by a parole officer, probation officer, field officer,	1123
or another type of supervising officer.	1124

(2) The release is any type of release that is not described	1125
in division (F)(1) of this section and that requires the person to	1126
report to or be supervised by a probation officer, a parole	1127
officer, a field officer, or another type of supervising officer.	1128

(G) An offender or delinquent child is "adjudicated as being	1129
a sexual predator" or "adjudicated a sexual predator" if any of	1130
the following applies and if that status has not been removed	1131
pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised	1132
Code:	1133

(1) The offender is convicted of or pleads guilty to	1134
committing, on or after January 1, 1997, a sexually oriented	1135
offense that is a sexually violent offense and also is convicted	1136
of or pleads guilty to a sexually violent predator specification	1137
that was included in the indictment, count in the indictment, or	1138
information that charged the sexually violent offense.	1139

(2) Regardless of when the sexually oriented offense was	1140
committed, on or after January 1, 1997, the offender is sentenced	1141
for a sexually oriented offense, and the sentencing judge	1142
determines pursuant to division (B) of section 2950.09 of the	1143
Revised Code that the offender is a sexual predator.	1144

(3) The delinquent child is adjudicated a delinquent child	1145
for committing a sexually oriented offense, was fourteen years of	1146
age or older at the time of committing the offense, and has been	1147
classified a juvenile sex offender registrant based on that	1148
adjudication, and the adjudicating judge or that judge's successor	1149
in office determines pursuant to division (B) of section 2950.09	1150
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	1151
the Revised Code that the delinquent child is a sexual predator.	1152

(4) Prior to January 1, 1997, the offender was convicted of	1153
or pleaded guilty to, and was sentenced for, a sexually oriented	1154
offense, the offender is imprisoned in a state correctional	1155
institution on or after January 1, 1997, and the court determines	1156
pursuant to division (C) of section 2950.09 of the Revised Code	1157
that the offender is a sexual predator.	1158

(5) Regardless of when the sexually oriented offense was	1159
committed, the offender or delinquent child is convicted of or	1160
pleads guilty to, has been convicted of or pleaded guilty to, or	1161
is adjudicated a delinquent child for committing a sexually	1162
oriented offense in another state or in a federal court, military	1163
court, or an Indian tribal court, as a result of that conviction,	1164
plea of guilty, or adjudication, the offender or delinquent child	1165
is required, under the law of the jurisdiction in which the	1166
offender was convicted or pleaded guilty or the delinquent child	1167
was adjudicated, to register as a sex offender until the	1168
offender's or delinquent child's death and to verify the	1169
offender's or delinquent child's address on at least a quarterly	1170
basis each year, and, on or after July 1, 1997, for offenders or	1171
January 1, 2002, for delinquent children the offender or	1172
delinquent child moves to and resides in this state or temporarily	1173
is domiciled in this state for more than seven days, unless a	1174
court of common pleas or juvenile court determines that the	1175
offender or delinquent child is not a sexual predator pursuant to	1176
division (F) of section 2950.09 of the Revised Code.	1177

(H) "Sexually violent predator specification" and "sexually	1178
violent offense" have the same meanings as in section 2971.01 of	1179
the Revised Code.	1180

(I) "Post-release control sanction" and "transitional	1181
control" have the same meanings as in section 2967.01 of the	1182
Revised Code.	1183

(J) "Juvenile sex offender registrant" means a person who is	1184
adjudicated a delinquent child for committing on or after January	1185
1, 2002, a sexually oriented offense, who is fourteen years of age	1186
or older at the time of committing the offense, and who a juvenile	1187
court judge, pursuant to an order issued under section 2152.82,	1188
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	1189
juvenile sex offender registrant and specifies has a duty to	1190
register under section 2950.04 of the Revised Code.	1191

(K) "Secure facility" means any facility that is designed	1192
and operated to ensure that all of its entrances and exits are	1193
locked and under the exclusive control of its staff and to ensure	1194
that, because of that exclusive control, no person who is	1195
institutionalized or confined in the facility may leave the	1196
facility without permission or supervision.	1197

(L) "Out-of-state juvenile sex offender registrant" means a	1198
person who is adjudicated a delinquent child for committing a	1199
sexually oriented offense in another state or in a federal court,	1200
military court, or Indian tribal court, who on or after January 1,	1201
2002, moves to and resides in this state or temporarily is	1202
domiciled in this state for more than seven days, and who under	1203
section 2950.04 of the Revised Code has a duty to register in this	1204
state as described in that section.	1205

(M) "Juvenile court judge" includes a magistrate to whom the	1206
juvenile court judge confers duties pursuant to division (A)(15)	1207
of section 2151.23 of the Revised Code.	1208

(N) "Adjudicated a delinquent child for committing a sexually	1209
oriented offense" includes a child who receives a serious youthful	1210
offender dispositional sentence under section 2152.13 of the	1211
Revised Code for committing a sexually oriented offense.	1212

(O) "Aggravated sexually oriented offense" means a violation	1213
of division (A)(1)(b) of section 2907.02 of the Revised Code.	1214

Sec. 2950.03. (A) Each person who has been convicted of, is	1215
convicted of, has pleaded guilty to, or pleads guilty to a	1216
sexually oriented offense and who has a duty to register pursuant	1217
to section 2950.04 of the Revised Code, and each person who is	1218
adjudicated a delinquent child for committing a sexually oriented	1219
offense and who is classified pursuant to section 2152.82 or	1220
division (A) of section 2152.83 of the Revised Code a juvenile sex	1221
offender registrant based on that adjudication, shall be provided	1222
notice in accordance with this section of the offender's or	1223
delinquent child's duty to register under section 2950.04 of the	1224
Revised Code, the offender's or delinquent child's duty to provide	1225
notice of any change in the offender's or delinquent child's	1226
residence address and to register the new residence address	1227
pursuant to section 2950.05 of the Revised Code, and the	1228
offender's or delinquent child's duty to periodically verify the	1229
offender's or delinquent child's residence address pursuant to	1230
section 2950.06 of the Revised Code. The following official shall	1231
provide the notice to the offender or delinquent child at the	1232
following time:	1233

(1) Regardless of when the offender committed the sexually	1234
oriented offense, if the person is an offender who is sentenced	1235
for the sexually oriented offense to a prison term, a term of	1236
imprisonment, or any other type of confinement, and if, on or	1237
after January 1, 1997, the offender is serving that term or is	1238
under that confinement, the official in charge of the jail,	1239
workhouse, state correctional institution, or other institution in	1240
which the offender serves the prison term, term of imprisonment,	1241
or confinement, or a designee of that official, shall provide the	1242
notice to the offender before the offender is released pursuant to	1243
any type of supervised release or before the offender otherwise is	1244
released from the prison term, term of imprisonment, or	1245
confinement.	1246

(2) Regardless of when the offender committed the sexually	1247
oriented offense, if the person is an offender who is sentenced	1248
for the sexually oriented offense on or after January 1, 1997,	1249
and if division (A)(1) of this section does not apply, the judge	1250
shall provide the notice to the offender at the time of	1251
sentencing.	1252

(3) If the person is an offender who committed the sexually	1253
oriented offense prior to January 1, 1997, if neither division	1254
(A)(1) nor division (A)(2) of this section applies, and if,	1255
immediately prior to January 1, 1997, the offender was a habitual	1256
sex offender who was required to register under Chapter 2950. of	1257
the Revised Code, the chief of police or sheriff with whom the	1258
offender most recently registered under that chapter, in the	1259
circumstances described in this division, shall provide the notice	1260
to the offender. If the offender has registered with a chief of	1261
police or sheriff under Chapter 2950. of the Revised Code as it	1262
existed prior to January 1, 1997, the chief of police or sheriff	1263
with whom the offender most recently registered shall provide the	1264
notice to the offender as soon as possible after January 1, 1997,	1265
as described in division (B)(1) of this section. If the offender	1266
has not registered with a chief of police or sheriff under that	1267
chapter, the failure to register shall constitute a waiver by the	1268
offender of any right to notice under this section. If an	1269
offender described in this division does not receive notice under	1270
this section, the offender is not relieved of the duty to	1271
register, the duty to provide notice of any change in residence	1272
address and to register the new residence address, and the duty to	1273
periodically verify the residence address, as described in	1274
division (A) of this section.	1275

(4) If the person is an offender of the type described in	1276
division (A)(1) of this section and if, subsequent to release, the	1277
offender is adjudicated as being a sexual predator pursuant to	1278
division (C) of section 2950.09 of the Revised Code, the judge	1279
shall provide the notice to the offender at the time of	1280
adjudication.	1281

(5) If the person is a delinquent child who is classified	1282
pursuant to section 2152.82 or division (A) of section 2152.83 of	1283
the Revised Code a juvenile sex offender registrant, the judge	1284
shall provide the notice to the delinquent child at the time of	1285
the classification.	1286

(B)(1) The notice provided under division (A) of this	1287
section shall inform the offender or delinquent child of the duty	1288
to register under section 2950.04 of the Revised Code, to notify	1289
the appropriate officials of a change in the offender's or	1290
delinquent child's residence address and to register the new	1291
residence address in accordance with section 2950.05 of the	1292
Revised Code, and to periodically verify a residence address under	1293
section 2950.06 of the Revised Code. The notice shall comport	1294
with the following:	1295

(a) If the notice is provided to an offender under division	1296
(A)(3) of this section, the notice shall be on a form that is	1297
prescribed by the bureau of criminal identification and	1298
investigation and that states the offender's duties to register,	1299
to register a new residence address, and to periodically verify a	1300
residence address and that, if the offender has any questions	1301
concerning these duties, the offender may contact the chief of	1302
police or sheriff who sent the form for an explanation of the	1303
duties. If the offender appears in person before the chief of	1304
police or sheriff, the chief or sheriff shall provide the notice	1305
as described in division (B)(1)(a) of this section, and all	1306
provisions of this section that apply regarding a notice provided	1307
by an official, official's designee, or judge in that manner shall	1308
be applicable.	1309

(b) If the notice is provided to an offender under division	1310
(A)(1), (2), or (4) of this section, the official, official's	1311
designee, or judge shall require the offender to read and sign a	1312
form prescribed by the bureau of criminal identification and	1313
investigation, stating that the offender's duties to register, to	1314
register a new residence address, and to periodically verify a	1315
residence address have been explained to the offender. If the	1316
offender is unable to read, the official, official's designee, or	1317
judge shall certify on the form that the official, designee, or	1318
judge specifically informed the offender of those duties and that	1319
the offender indicated an understanding of those duties.	1320

(c) If the notice is provided to a delinquent child under	1321
division (A)(5) of this section, the judge shall require the	1322
delinquent child and the delinquent child's parent, guardian, or	1323
custodian to read and sign a form prescribed by the bureau of	1324
criminal identification and investigation, stating that the	1325
delinquent child's duties to register, to register a new residence	1326
address, and to periodically verify a residence address have been	1327
explained to the delinquent child and to the delinquent child's	1328
parent, guardian, or custodian. If the delinquent child or the	1329
delinquent child's parent, guardian, or custodian is unable to	1330
read, the judge shall certify on the form that the judge	1331
specifically informed the delinquent child or the delinquent	1332
child's parent, guardian, or custodian of those duties and that	1333
the delinquent child or the delinquent child's parent, guardian,	1334
or custodian indicated an understanding of those duties.	1335

(d) For any notice provided under division (A) of this	1336
section, the form used shall contain all of the information	1337
required by the bureau of criminal identification and	1338
investigation, including, but not limited to, a statement that the	1339
subject delinquent child if applicable has been classified by the	1340
adjudicating juvenile court judge or the judge's successor in	1341
office a juvenile sex offender registrant and has a duty to	1342
register, a statement as to whether the offender or delinquent	1343
child has been adjudicated as being a sexual predator relative to	1344
the sexually oriented offense in question, a statement as to	1345
whether the offender or delinquent child has been determined to be	1346
a habitual sex offender, a statement as to whether the offense for	1347
which the offender has the duty to register is an aggravated	1348
sexually oriented offense committed on or after the effective date	1349
of this amendment, an explanation of the periodic residence	1350
address verification process and of the frequency with which the	1351
offender or delinquent child will be required to verify the	1352
residence address under that process, and a statement that the	1353
offender or delinquent child must verify the residence address at	1354
the times specified under that process or face criminal	1355
prosecution or a delinquent child proceeding.	1356

(e) If the notice is provided under division (A)(4) of this	1357
section, in addition to all other information contained on it, the	1358
form also shall include a statement that the notice replaces any	1359
notice previously provided to the offender under division (A)(1)	1360
of this section, a statement that the offender's duties described	1361
in this notice supersede the duties described in the prior notice,	1362
and a statement notifying the offender that, if the offender	1363
already has registered under section 2950.04 of the Revised Code,	1364
the offender must register again pursuant to division (A)(6) of	1365
that section.	1366

(f) If the notice is provided under division (A)(5) of this	1367
section, the form, in addition to all other information contained	1368
on it, shall inform the delinquent child and the delinquent	1369
child's parent, guardian, or custodian that, if the delinquent	1370
child fails to comply with the requirements of sections 2950.04,	1371
2950.05, and 2950.06 of the Revised Code, both of the following	1372
apply:	1373

(i) If the delinquent child's failure occurs while the child	1374
is under eighteen years of age, the child is subject to	1375
proceedings under Chapter 2152. of the Revised Code based on the	1376
failure, but if the failure occurs while the child is eighteen	1377
years of age or older, the child is subject to criminal	1378
prosecution based on the failure.	1379

(ii) If the delinquent child's failure occurs while the	1380
child is under eighteen years of age, unless the child is	1381
emancipated, as defined in section 2919.121 of the Revised Code,	1382
the failure of the parent, guardian, or custodian to ensure that	1383
the child complies with those requirements is a violation of	1384
section 2919.24 of the Revised Code and may result in the	1385
prosecution of the parent, guardian, or custodian for that	1386
violation.	1387

(2)(a) After an offender described in division (A)(1), (2),	1388
or (4) of this section has signed the form described in division	1389
(B)(1) of this section or the official, official's designee, or	1390
judge has certified on the form that the form has been explained	1391
to the offender and that the offender indicated an understanding	1392
of the duties indicated on it, the official, official's designee,	1393
or judge shall give one copy of the form to the offender, within	1394
three days shall send one copy of the form to the bureau of	1395
criminal identification and investigation in accordance with the	1396
procedures adopted pursuant to section 2950.13 of the Revised	1397
Code, and shall send one copy of the form to the sheriff of the	1398
county in which the offender expects to reside.	1399

(b) After a chief of police or sheriff has sent a form to an	1400
offender under division (A)(3) of this section, the chief or	1401
sheriff shall send a copy of the form to the bureau of criminal	1402
identification and investigation in accordance with the procedures	1403
adopted pursuant to section 2950.13 of the Revised Code.	1404

(c) After a delinquent child described in division (A)(5) of	1405
this section and the delinquent child's parent, guardian, or	1406
custodian have signed the form described in division (B)(1) of	1407
this section or the judge has certified on the form that the form	1408
has been explained to the delinquent child or the delinquent	1409
child's parent, guardian, or custodian and that the delinquent	1410
child or the delinquent child's parent, guardian, or custodian	1411
indicated an understanding of the duties and information indicated	1412
on the form, the judge shall give a copy of the form to both the	1413
delinquent child and to the delinquent child's parent, guardian,	1414
or custodian, within three days shall send one copy of the form to	1415
the bureau of criminal identification and investigation in	1416
accordance with the procedures adopted pursuant to section 2950.13	1417
of the Revised Code, and shall send one copy of the form to the	1418
sheriff of the county in which the delinquent child expects to	1419
reside.	1420

(C) The official, official's designee, judge, chief of	1421
police, or sheriff who is required to provide notice to an	1422
offender or delinquent child under division (A) of this section	1423
shall do all of the following:	1424

(1) If the notice is provided under division (A)(1), (2),	1425
(4), or (5) of this section, the official, designee, or judge	1426
shall determine the offender's or delinquent child's name,	1427
identifying factors, and expected future residence address, shall	1428
obtain the offender's or delinquent child's criminal and	1429
delinquency history, and shall obtain a photograph and the	1430
fingerprints of the offender or delinquent child. If the notice	1431
is provided by a judge under division (A)(2), (4), or (5) of this	1432
section, the sheriff shall provide the offender's or delinquent	1433
child's criminal and delinquency history to the judge. The	1434
official, official's designee, or judge shall obtain this	1435
information and these items prior to giving the notice, except	1436
that a judge may give the notice prior to obtaining the offender's	1437
or delinquent child's criminal and delinquency history. Within	1438
three days after receiving this information and these items, the	1439
official, official's designee, or judge shall forward the	1440
information and items to the bureau of criminal identification and	1441
investigation in accordance with the forwarding procedures adopted	1442
pursuant to section 2950.13 of the Revised Code and to the sheriff	1443
of the county in which the offender or delinquent child expects to	1444
reside. If the notice is provided under division (A)(5) of this	1445
section and if the delinquent child has been committed to the	1446
department of youth services or to a secure facility, the judge,	1447
in addition to the other information and items described in this	1448
division, also shall forward to the bureau and to the sheriff	1449
notification that the child has been so committed. If it has not	1450
already done so, the bureau of criminal identification and	1451
investigation shall forward a copy of the fingerprints and	1452
conviction data received under this division to the federal bureau	1453
of investigation.	1454

(2) If the notice is provided under division (A)(3) of this	1455
section, the chief of police or sheriff shall determine the	1456
offender's name, identifying factors, and residence address, shall	1457
obtain the offender's criminal history from the bureau of criminal	1458
identification and investigation, and, to the extent possible,	1459
shall obtain a photograph and the fingerprints of the offender.	1460
Within three days after receiving this information and these	1461
items, the chief or sheriff shall forward the information and	1462
items to the bureau of criminal identification and investigation	1463
in accordance with the forwarding procedures adopted pursuant to	1464
section 2950.13 of the Revised Code and, in relation to a chief of	1465
police, to the sheriff of the county in which the offender	1466
resides. If it has not already done so, the bureau of criminal	1467
identification and investigation shall forward a copy of the	1468
fingerprints and conviction data so received to the federal bureau	1469
of investigation.	1470

Sec. 2950.04. (A)(1) Each of the following types of offender	1471
who is convicted of or pleads guilty to, or has been convicted of	1472
or pleaded guilty to, a sexually oriented offense shall register	1473
personally with the sheriff of the county within seven days of	1474
the offender's coming into a county in which the offender resides	1475
or temporarily is domiciled for more than seven days:	1476

(a) Regardless of when the sexually oriented offense was	1477
committed, an offender who is sentenced for the sexually oriented	1478
offense to a prison term, a term of imprisonment, or any other	1479
type of confinement and, on or after July 1, 1997, is released in	1480
any manner from the prison term, term of imprisonment, or	1481
confinement;	1482

(b) Regardless of when the sexually oriented offense was	1483
committed, an offender who is sentenced for a sexually oriented	1484
offense on or after July 1, 1997, and to whom division (A)(1)(a)	1485
of this section does not apply;	1486

(c) If the sexually oriented offense was committed prior to	1487
July 1, 1997, and neither division (A)(1)(a) nor division	1488
(A)(1)(b) of this section applies, an offender who, immediately	1489
prior to July 1, 1997, was a habitual sex offender who was	1490
required to register under Chapter 2950. of the Revised Code.	1491

(2) Each child who is adjudicated a delinquent child for	1492
committing a sexually oriented offense and who is classified a	1493
juvenile sex offender registrant based on that adjudication shall	1494
register personally with the sheriff of the county within seven	1495
days of the delinquent child's coming into a county in which the	1496
delinquent child resides or temporarily is domiciled for more than	1497
seven days. If the delinquent child is committed for the sexually	1498
oriented offense to the department of youth services or to a	1499
secure facility that is not operated by the department, this duty	1500
begins when the delinquent child is discharged or released in any	1501
manner from custody in a department of youth services secure	1502
facility or from the secure facility that is not operated by the	1503
department, if pursuant to the discharge or release the delinquent	1504
child is not committed to any other secure facility of the	1505
department or any other secure facility. The delinquent child does	1506
not have a duty to register under this division while the child is	1507
in a department of youth services secure facility or in a secure	1508
facility that is not operated by the department.	1509

(3) If divisions (A)(1) and (2) of this section do not	1510
apply, each following type of offender and each following type of	1511
delinquent child shall register personally with the sheriff of the	1512
county within seven days of the offender's or delinquent child's	1513
coming into a county in which the offender or delinquent child	1514
resides or temporarily is domiciled for more than seven days:	1515

(a) Regardless of when the sexually oriented offense was	1516
committed, a person who is convicted of, pleads guilty to, or is	1517
adjudicated a delinquent child for committing a sexually oriented	1518
offense in another state or in a federal court, military court, or	1519
an Indian tribal court, if, on or after July 1, 1997, for	1520
offenders, or January 1, 2002, for delinquent children, the	1521
offender or delinquent child moves to and resides in this state or	1522
temporarily is domiciled in this state for more than seven days,	1523
and if, at the time the offender or delinquent child moves to and	1524
resides in this state or temporarily is domiciled in this state	1525
for more than seven days, the offender or delinquent child has a	1526
duty to register as a sex offender under the law of that other	1527
jurisdiction as a result of the conviction, guilty plea, or	1528
adjudication.	1529

(b) Regardless of when the sexually oriented offense was	1530
committed, a person who is convicted of, pleads guilty to, or is	1531
adjudicated a delinquent child for committing a sexually oriented	1532
offense in another state or in a federal court, military court, or	1533
an Indian tribal court, if, on or after July 1, 1997, for	1534
offenders, or January 1, 2002, for delinquent children, the	1535
offender or delinquent child is released from imprisonment,	1536
confinement, or detention imposed for that offense, and if, on or	1537
after July 1, 1997, for offenders, or January 1, 2002, for	1538
delinquent children, the offender or delinquent child moves to and	1539
resides in this state or temporarily is domiciled in this state	1540
for more than seven days. The duty to register as described in	1541
this division applies to an offender regardless of whether the	1542
offender, at the time of moving to and residing in this state or	1543
temporarily being domiciled in this state for more than seven	1544
days, has a duty to register as a sex offender under the law of	1545
the jurisdiction in which the conviction or guilty plea occurred.	1546
The duty to register as described in this division applies to a	1547
delinquent child only if the delinquent child, at the time of	1548
moving to and residing in this state or temporarily being	1549
domiciled in this state for more than seven days, has a duty to	1550
register as a sex offender under the law of the jurisdiction in	1551
which the delinquent child adjudication occurred or if, had the	1552
delinquent child adjudication occurred in this state, the	1553
adjudicating juvenile court judge would have been required to	1554
issue an order classifying the delinquent child as a juvenile sex	1555
offender registrant pursuant to section 2152.82 or division (A) of	1556
section 2152.83 of the Revised Code.	1557

(4) If division (A)(1)(a) of this section applies and if,	1558
subsequent to the offender's release, the offender is adjudicated	1559
to be a sexual predator under division (C) of section 2950.09 of	1560
the Revised Code, the offender shall register within seven days of	1561
the adjudication with the sheriff of the county in which the	1562
offender resides or temporarily is domiciled for more than seven	1563
days and shall register with the sheriff of any county in which	1564
the offender subsequently resides or temporarily is domiciled for	1565
more than seven days within seven days of coming into that county.	1566

(5) A person who is adjudicated a delinquent child for	1567
committing a sexually oriented offense is not required to register	1568
under division (A)(2) of this section unless the delinquent child	1569
committed the offense on or after January 1, 2002, is classified	1570
a juvenile sex offender registrant by a juvenile court judge	1571
pursuant to an order issued under section 2152.82, 2152.83,	1572
2152.84, or 2152.85 of the Revised Code based on that	1573
adjudication, and has a duty to register pursuant to division	1574
(A)(2) of this section.	1575

(B) An offender or delinquent child who is required by	1576
division (A) of this section to register personally shall obtain	1577
from the sheriff or from a designee of the sheriff a registration	1578
form that conforms to division (C) of this section, shall complete	1579
and sign the form, and shall return the completed form together	1580
with the offender's or delinquent child's photograph to the	1581
sheriff or the designee. The sheriff or designee shall sign the	1582
form and indicate on the form the date on which it is so returned.	1583
The registration required under this division is complete when the	1584
offender or delinquent child returns the form, containing the	1585
requisite information, photograph, signatures, and date, to the	1586
sheriff or designee.	1587

(C) The registration form to be used under divisions (A) and	1588
(B) of this section shall contain the current residence address of	1589
the offender or delinquent child who is registering, the name and	1590
address of the offender's or delinquent child's employer, if the	1591
offender or delinquent child is employed at the time of	1592
registration or if the offender or delinquent child knows at the	1593
time of registration that the offender or delinquent child will be	1594
commencing employment with that employer subsequent to	1595
registration, and any other information required by the bureau of	1596
criminal identification and investigation and shall include the	1597
offender's or delinquent child's photograph. Additionally, if the	1598
offender or delinquent child has been adjudicated as being a	1599
sexual predator relative to the sexually oriented offense in	1600
question and the court has not subsequently determined pursuant to	1601
division (D) of section 2950.09, section 2152.84, or section	1602
2152.85 of the Revised Code that the offender or delinquent child	1603
no longer is a sexual predator, or if the judge determined	1604
pursuant to division (C) of section 2950.09 or pursuant to section	1605
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that	1606
the offender or delinquent child is a habitual sex offender and	1607
the determination has not been removed pursuant to section 2152.84	1608
or 2152.85 of the Revised Code, the offender or delinquent child	1609
shall include on the signed, written registration form all of the	1610
following information:	1611

(1) A specific declaration that the person has been	1612
adjudicated as being a sexual predator or has been determined to	1613
be a habitual sex offender, whichever is applicable;	1614

(2) If the offender or delinquent child has been adjudicated	1615
as being a sexual predator, the identification license plate	1616
number of each motor vehicle the offender or delinquent child owns	1617
and of each motor vehicle registered in the offender's or	1618
delinquent child's name.	1619

(D) After an offender or delinquent child registers with a	1620
sheriff pursuant to this section, the sheriff shall forward the	1621
signed, written registration form and photograph to the bureau of	1622
criminal identification and investigation in accordance with the	1623
forwarding procedures adopted pursuant to section 2950.13 of the	1624
Revised Code. The bureau shall include the information and	1625
materials forwarded to it under this division in the state	1626
registry of sex offenders established and maintained under section	1627
2950.13 of the Revised Code.	1628

(E) No person who is required to register pursuant to	1629
divisions (A) and (B) of this section shall fail to register as	1630
required in accordance with those divisions or that division.	1631

(F) An offender or delinquent child who is required to	1632
register pursuant to divisions (A) and (B) of this section shall	1633
register pursuant to this section for the period of time specified	1634
in section 2950.07 of the Revised Code.	1635

(G) If an offender or delinquent child who is required by	1636
division (A) of this section to register is adjudicated a sexual	1637
predator or a habitual sexual offender subject to community	1638
notification under division (C)(2) or (E) of section 2950.09 of	1639
the Revised Code, or if an offender who is required by division	1640
(A) of this section to register has that duty as a result of a	1641
conviction of or plea of guilty to an aggravated sexually oriented	1642
offense committed on or after the effective date of this	1643
amendment, the offender or delinquent child also shall send the	1644
sheriff of the county in which the offender or delinquent child	1645
intends to reside written notice of the offender's or delinquent	1646
child's intent to reside in the county. The offender or delinquent	1647
child shall send the notice of intent to reside at least twenty	1648
days prior to the date the offender or delinquent child begins to	1649
reside in the county. The notice of intent to reside shall contain	1650
the following information:	1651

(1) The offender's or delinquent child's name;

1652

(2) The address or addresses at which the offender or	1653
delinquent child intends to reside;	1654

(3) The sexually oriented offense of which the offender was	1655
convicted, to which the offender pleaded guilty, or for which the	1656
child was adjudicated a delinquent child;	1657

(4) A statement that the offender or delinquent child has	1658
been adjudicated as being a sexual predator and that, as of the	1659
date of the notice, the court has not entered a determination that	1660
the offender or delinquent child no longer is a sexual predator,	1661
or a statement that the sentencing or reviewing judge has	1662
determined that the offender or delinquent child is a habitual sex	1663
offender and that, as of the date of the notice, the determination	1664
has not been removed pursuant to section 2152.84 or 2152.85 of the	1665
Revised Code, or a statement that the offender was convicted of or	1666
pleaded guilty to an aggravated sexually oriented offense	1667
committed on or after the effective date of this amendment.	1668

Sec. 2950.06.  (A) An offender or delinquent child who is	1669
required to register pursuant to section 2950.04 of the Revised	1670
Code shall periodically verify the offender's or delinquent	1671
child's current residence address in accordance with this section.	1672
The frequency of verification shall be determined in accordance	1673
with division (B) of this section, and the manner of verification	1674
shall be determined in accordance with division (C) of this	1675
section.	1676

(B) The frequency with which an offender or delinquent child	1677
must verify the offender's or delinquent child's current residence	1678
address pursuant to division (A) of this section shall be	1679
determined as follows:	1680

(1) Regardless of when the sexually oriented offense for	1681
which the offender or delinquent child is required to register was	1682
committed, if the offender or delinquent child has been	1683
adjudicated as being a sexual predator relative to the sexually	1684
oriented offense and if the court has not subsequently entered a	1685
determination pursuant to division (D) of section 2950.09, section	1686
2152.84, or section 2152.85 of the Revised Code that the offender	1687
or delinquent child no longer is a sexual predator, or if the	1688
offender is required to register as a result of an aggravated	1689
sexually oriented offense committed on or after the effective date	1690
of this amendment, the offender or delinquent child shall verify	1691
the offender's or delinquent child's current residence address in	1692
accordance with division (C) of this section every ninety days	1693
after the offender's or delinquent child's initial registration	1694
date during the period the offender or delinquent child is	1695
required to register.	1696

(2) In all circumstances not described in division (B)(1) of	1697
this section, the offender or delinquent child shall verify the	1698
offender's or delinquent child's current residence address in	1699
accordance with division (C) of this section on each anniversary	1700
of the offender's or delinquent child's initial registration date	1701
during the period the offender or delinquent child is required to	1702
register.	1703

(C)(1) An offender or delinquent child who is required to	1704
verify the offender's or delinquent child's current residence	1705
address pursuant to division (A) of this section shall verify the	1706
address with the sheriff with whom the offender or delinquent	1707
child most recently registered by personally appearing before the	1708
sheriff or a designee of the sheriff, no earlier than ten days	1709
before the date on which the verification is required pursuant to	1710
division (B) of this section and no later than the date so	1711
required for verification, and completing and signing a copy of	1712
the verification form prescribed by the bureau of criminal	1713
identification and investigation. The sheriff or designee shall	1714
sign the completed form and indicate on the form the date on which	1715
it is so completed. The verification required under this division	1716
is complete when the offender or delinquent child personally	1717
appears before the sheriff or designee and completes and signs the	1718
form as described in this division.	1719

(2) To facilitate the verification of an offender's or	1720
delinquent child's current residence address under division (C)(1)	1721
of this section, the sheriff with whom the offender or delinquent	1722
child most recently registered may mail a nonforwardable	1723
verification form prescribed by the bureau of criminal	1724
identification and investigation to the offender's or delinquent	1725
child's last reported address and to the last reported address of	1726
the parents of the delinquent child, with a notice that	1727
conspicuously states that the offender or delinquent child must	1728
personally appear before the sheriff or a designee of the sheriff	1729
to complete the form and the date by which the form must be so	1730
completed. Regardless of whether a sheriff mails a form to an	1731
offender or delinquent child and that child's parents, each	1732
offender or delinquent child who is required to verify the	1733
offender's or delinquent child's current residence address	1734
pursuant to division (A) of this section shall personally appear	1735
before the sheriff or a designee of the sheriff to verify the	1736
address in accordance with division (C)(1) of this section.	1737

(D) The verification form to be used under division (C) of	1738
this section shall contain the current residence address of the	1739
offender or delinquent child, the name and address of the	1740
offender's or delinquent child's employer if the offender or	1741
delinquent child is employed at the time of verification or if the	1742
offender or delinquent child knows at the time of verification	1743
that the offender or delinquent child will be commencing	1744
employment with that employer subsequent to verification, and any	1745
other information required by the bureau of criminal	1746
identification and investigation.	1747

(E) Upon an offender's or delinquent child's personal	1748
appearance and completion of a verification form under division	1749
(C) of this section, a sheriff promptly shall forward a copy of	1750
the verification form to the bureau of criminal identification and	1751
investigation in accordance with the forwarding procedures adopted	1752
by the attorney general pursuant to section 2950.13 of the Revised	1753
Code. The bureau shall include all information forwarded to it	1754
under this division in the state registry of sex offenders	1755
established and maintained under section 2950.13 of the Revised	1756
Code.	1757

(F) No person who is required to verify a current residence	1758
address pursuant to divisions (A) to (C) of this section shall	1759
fail to verify a current residence address in accordance with	1760
those divisions by the date required for the verification as set	1761
forth in division (B) of this section, provided that no person	1762
shall be prosecuted or subjected to a delinquent child proceeding	1763
for a violation of this division, and that no parent, guardian, or	1764
custodian of a delinquent child shall be prosecuted for a	1765
violation of section 2919.24 of the Revised Code based on the	1766
delinquent child's violation of this division, prior to the	1767
expiration of the period of time specified in division (G) of this	1768
section.	1769

(G)(1) If an offender or delinquent child fails to verify a	1770
current residence address as required by divisions (A) to (C) of	1771
this section by the date required for the verification as set	1772
forth in division (B) of this section, the sheriff with whom the	1773
offender or delinquent child is required to verify the current	1774
residence address, on the day following that date required for the	1775
verification, shall send a written warning to the offender or to	1776
the delinquent child and that child's parents, at the offender's	1777
or delinquent child's and that child's parents' last known	1778
residence address, regarding the offender's or delinquent child's	1779
duty to verify the offender's or delinquent child's current	1780
residence address.	1781

The written warning shall do all of the following:

1782

(a) Identify the sheriff who sends it and the date on which	1783
it is sent;	1784

(b) State conspicuously that the offender or delinquent	1785
child has failed to verify the offender's or delinquent child's	1786
current residence address by the date required for the	1787
verification;	1788

(c) Conspicuously state that the offender or delinquent	1789
child has seven days from the date on which the warning is sent to	1790
verify the current residence address with the sheriff who sent the	1791
warning;	1792

(d) Conspicuously state that a failure to timely verify the	1793
current residence address is a felony offense;	1794

(e) Conspicuously state that, if the offender or delinquent	1795
child verifies the current residence address with that sheriff	1796
within that seven-day-period, the offender or delinquent child	1797
will not be prosecuted or subjected to a delinquent child	1798
proceeding for a failure to timely verify a current residence	1799
address and the delinquent child's parent, guardian, or custodian	1800
will not be prosecuted based on a failure of the delinquent child	1801
to timely verify an address;	1802

(f) Conspicuously state that, if the offender or delinquent	1803
child does not verify the current residence address with that	1804
sheriff within that seven-day-period, the offender or delinquent	1805
child will be arrested or taken into custody, as appropriate, and	1806
prosecuted or subjected to a delinquent child proceeding for a	1807
failure to timely verify a current residence address and the	1808
delinquent child's parent, guardian, or custodian may be	1809
prosecuted for a violation of section 2919.24 of the Revised Code	1810
based on the delinquent child's failure to timely verify a current	1811
residence address.	1812

(2) If an offender or delinquent child fails to verify a	1813
current residence address as required by divisions (A) to (C) of	1814
this section by the date required for the verification as set	1815
forth in division (B) of this section, the offender or delinquent	1816
child shall not be prosecuted or subjected to a delinquent child	1817
proceeding for a violation of division (F) of this section, and	1818
the delinquent child's parent, guardian, or custodian shall not be	1819
prosecuted for a violation of section 2919.24 of the Revised Code	1820
based on the delinquent child's failure to timely verify a current	1821
residence address, unless the seven-day-period subsequent to that	1822
date that the offender or delinquent child is provided under	1823
division (G)(1) of this section to verify the current residence	1824
address has expired and the offender or delinquent child, prior to	1825
the expiration of that seven-day-period, has not verified the	1826
current residence address. Upon the expiration of the	1827
seven-day-period that the offender or delinquent child is provided	1828
under division (G)(1) of this section to verify the current	1829
residence address has expired, if the offender or delinquent child	1830
has not verified the current residence address, all of the	1831
following apply:	1832

(a) The sheriff with whom the offender or delinquent child	1833
is required to verify the current residence address promptly shall	1834
notify the bureau of criminal identification and investigation of	1835
the failure.	1836

(b) The sheriff with whom the offender or delinquent child	1837
is required to verify the current residence address, the sheriff	1838
of the county in which the offender or delinquent child resides,	1839
or a deputy of the appropriate sheriff, shall locate the offender	1840
or delinquent child, promptly shall seek a warrant for the arrest	1841
or taking into custody, as appropriate, of the offender or	1842
delinquent child for the violation of division (F) of this section	1843
and shall arrest the offender or take the child into custody, as	1844
appropriate.	1845

(c) The offender or delinquent child is subject to	1846
prosecution or a delinquent child proceeding for the violation of	1847
division (F) of this section, and the delinquent child's parent,	1848
guardian, or custodian may be subject to prosecution for a	1849
violation of section 2919.24 of the Revised Code based on the	1850
delinquent child's violation of that division.	1851

(H) A person who is required to verify the person's current	1852
residence address pursuant to divisions (A) to (C) of this section	1853
shall do so for the period of time specified in section 2950.07 of	1854
the Revised Code.	1855

Sec. 2950.07.  (A) The duty of an offender who is convicted	1856
of or pleads guilty to, or has been convicted of or pleaded guilty	1857
to, a sexually oriented offense and the duty of a delinquent child	1858
who is adjudicated a delinquent child for committing a sexually	1859
oriented offense and is classified a juvenile sex offender	1860
registrant or who is an out-of-state juvenile sex offender	1861
registrant to comply with sections 2950.04, 2950.05, and 2950.06	1862
of the Revised Code commences on whichever of the following dates	1863
is applicable:	1864

(1) If the offender's duty to register is imposed pursuant	1865
to division (A)(1)(a) of section 2950.04 of the Revised Code, the	1866
offender's duty to comply with those sections commences on the	1867
date of the offender's release from a prison term, a term of	1868
imprisonment, or any other type of confinement or on July 1, 1997,	1869
whichever is later.	1870

(2) If the offender's duty to register is imposed pursuant	1871
to division (A)(1)(b) of section 2950.04 of the Revised Code, the	1872
offender's duty to comply with those sections commences on the	1873
date of entry of the judgment of conviction of the sexually	1874
oriented offense or on July 1, 1997, whichever is later.	1875

(3) If the offender's duty to register is imposed pursuant	1876
to division (A)(1)(c) of section 2950.04 of the Revised Code, the	1877
offender's duty to comply with those sections commences fourteen	1878
days after July 1, 1997.	1879

(4) If the offender's or delinquent child's duty to register	1880
is imposed pursuant to division (A)(3)(a) or (b) of section	1881
2950.04 of the Revised Code, the offender's duty to comply with	1882
those sections commences on March 30, 1999, or on the date that	1883
the offender begins to reside or becomes temporarily domiciled in	1884
this state, whichever is later, and the delinquent child's duty	1885
commences on the effective date of this amendmentJanuary 1, 2002,	1886
or on the date the delinquent child begins to reside or becomes	1887
temporarily domiciled in this state, whichever is later.	1888

(5) If the delinquent child's duty to register is imposed	1889
pursuant to division (A)(2) of section 2950.04 of the Revised	1890
Code, if the delinquent child's classification as a juvenile sex	1891
offender registrant is made at the time of the child's disposition	1892
for that sexually oriented offense, and if the delinquent child is	1893
committed for the sexually oriented offense to the department of	1894
youth services or to a secure facility that is not operated by the	1895
department, the delinquent child's duty to comply with those	1896
sections commences on the date of the delinquent child's discharge	1897
or release from custody in the department of youth services secure	1898
facility or from the secure facility not operated by the	1899
department as described in that division.	1900

(6) If the delinquent child's duty to register is imposed	1901
pursuant to division (A)(2) of section 2950.04 of the Revised Code	1902
and if either the delinquent child's classification as a juvenile	1903
sex offender registrant is made at the time of the child's	1904
disposition for that sexually oriented offense and the delinquent	1905
child is not committed for the sexually oriented offense to the	1906
department of youth services or to a secure facility that is not	1907
operated by the department or the child's classification as a	1908
juvenile sex offender registrant is made pursuant to sections	1909
2152.83 of the Revised Code, the delinquent child's duty to comply	1910
with those sections commences on the date of entry of the court's	1911
order that classifies the delinquent child a juvenile sex offender	1912
registrant.	1913

(B) The duty of an offender who is convicted of or pleads	1914
guilty to, or has been convicted of or pleaded guilty to, a	1915
sexually oriented offense and the duty of a delinquent child who	1916
is adjudicated a delinquent child for committing a sexually	1917
oriented offense and is classified a juvenile sex offender	1918
registrant or who is an out-of-state juvenile sex offender	1919
registrant to comply with sections 2950.04, 2950.05, and 2950.06	1920
of the Revised Code continues, after the date of commencement, for	1921
whichever of the following periods is applicable:	1922

(1) Except as otherwise provided in this division, if the	1923
offender or delinquent child has been adjudicated as being a	1924
sexual predator relative to the sexually oriented offense or if	1925
the offender has the duty to register as a result of an aggravated	1926
sexually oriented offense committed on or after the effective date	1927
of this amendment, the offender's or delinquent child's duty to	1928
comply with those sections continues until the offender's or	1929
delinquent child's death. IfRegarding an offender or delinquent	1930
child who has been adjudicated a sexual predator relative to the	1931
sexually oriented offense, if the judge who sentenced the offender	1932
or made the disposition for the delinquent child or that judge's	1933
successor in office subsequently enters a determination pursuant	1934
to division (D) of section 2950.09 or pursuant to section 2152.84	1935
or 2152.85 of the Revised Code that the offender or delinquent	1936
child no longer is a sexual predator, the offender's or delinquent	1937
child's duty to comply with those sections continues for the	1938
period of time that otherwise would have been applicable to the	1939
offender or delinquent child under division (B)(2) or (3) of this	1940
section or, if the offender's duty to register results from a	1941
conviction of or plea of guilty to an aggravated sexually oriented	1942
offense, until the offender's death as specified under this	1943
division. In no case shall the lifetime duty to register that is	1944
imposed under this division on an offender for an aggravated	1945
sexually oriented offense committed on or after the effective date	1946
of this amendment be removed or terminated.	1947

(2) If the judge who sentenced the offender or made the	1948
disposition for the delinquent child for committing the sexually	1949
oriented offense, or the successor in office of the juvenile court	1950
judge who made the delinquent child disposition, determined	1951
pursuant to division (E) of section 2950.09 or pursuant to	1952
division (B) of section 2152.83, section 2152.84, or section	1953
2152.85 of the Revised Code that the offender or delinquent child	1954
is a habitual sex offender, the offender's or delinquent child's	1955
duty to comply with those sections continues for twenty years. If	1956
a delinquent child is determined pursuant to division (E) of	1957
section 2950.09 or pursuant to division (B) of section 2152.83,	1958
section 2152.84, or section 2152.85 of the Revised Code to be a	1959
habitual sex offender and if the judge who made the disposition	1960
for the delinquent child or that judge's successor in office	1961
subsequently enters a determination pursuant to section 2152.84 or	1962
2152.85 of the Revised Code that the delinquent child no longer is	1963
a habitual sex offender but remains a juvenile sex offender	1964
registrant, the delinquent child's duty to comply with those	1965
sections continues for the period of time that otherwise would	1966
have been applicable to the delinquent child under division (B)(3)	1967
of this section.	1968

(3) If neither division (B)(1) nor (B)(2) of this section	1969
applies, the offender's or delinquent child's duty to comply with	1970
those sections continues for ten years. If a delinquent child is	1971
classified pursuant to section 2152.82 or 2152.83 of the Revised	1972
Code a juvenile sex offender registrant and if the judge who made	1973
the disposition for the delinquent child or that judge's successor	1974
in office subsequently enters a determination pursuant to section	1975
2152.84 or 2152.85 of the Revised Code that the delinquent child	1976
no longer is to be classified a juvenile sex offender registrant,	1977
the delinquent child's duty to comply with those sections	1978
terminates upon the court's entry of the determination.	1979

(C)(1) If an offender has been convicted of or pleaded	1980
guilty to a sexually oriented offense or a delinquent child has	1981
been adjudicated a delinquent child for committing a sexually	1982
oriented offense and is classified a juvenile sex offender	1983
registrant or is an out-of-state juvenile sex offender registrant,	1984
and if the offender subsequently is convicted of or pleads guilty	1985
to another sexually oriented offense or the delinquent child	1986
subsequently is adjudicated a delinquent child for committing	1987
another sexually oriented offense and is classified a juvenile sex	1988
offender registrant relative to that offense or subsequently is	1989
convicted of or pleads guilty to another sexually oriented	1990
offense, the period of time for which the offender or delinquent	1991
child must comply with the sections specified in division (A) of	1992
this section shall be separately calculated pursuant to divisions	1993
(A)(1), (2), (3), (4), (5), (6), and (7)to (6) and (B)(1) to (3)	1994
of this section for each of the sexually oriented offenses, and	1995
the separately calculated periods of time shall be complied with	1996
independently.	1997

If a delinquent child has been adjudicated a delinquent child	1998
for committing a sexually oriented offense, is classified a	1999
juvenile sex offender registrant or is an out-of-state juvenile	2000
sex offender registrant relative to the offense, and, after	2001
attaining eighteen years of age, subsequently is convicted of or	2002
pleads guilty to another sexually oriented offense, the subsequent	2003
conviction or guilty plea does not limit, affect, or supersede the	2004
duties imposed upon the delinquent child under this chapter	2005
relative to the delinquent child's classification as a juvenile	2006
sex offender registrant or as an out-of-state juvenile sex	2007
offender registrant, and the delinquent child shall comply with	2008
both those duties and the duties imposed under this chapter	2009
relative to the subsequent conviction or guilty plea.	2010

(2) If a delinquent child has been adjudicated a delinquent	2011
child for committing on or after the effective date of this	2012
amendmentJanuary 1, 2002, a sexually oriented offense and is	2013
classified a juvenile sex offender registrant relative to the	2014
offense, if the order containing the classification also contains	2015
a determination by the juvenile judge that the delinquent child is	2016
a sexual predator or a habitual sex offender, and if the juvenile	2017
judge or the judge's successor in office subsequently determines	2018
pursuant to section 2152.84 or 2152.85 of the Revised Code that	2019
the delinquent child no longer is a sexual predator or habitual	2020
sex offender, the judge's subsequent determination does not affect	2021
the date of commencement of the delinquent child's duty to comply	2022
with sections 2950.04, 2950.05, and 2950.06 of the Revised Code as	2023
determined under division (A) of this section.	2024

(D) The duty of an offender or delinquent child to register	2025
under this chapter is tolled for any period during which the	2026
offender or delinquent child is returned to confinement in a	2027
secure facility for any reason or imprisoned for an offense when	2028
the confinement in a secure facility or imprisonment occurs	2029
subsequent to the date determined pursuant to division (A) of this	2030
section. The offender's or delinquent child's duty to register	2031
under this chapter resumes upon the offender's or delinquent	2032
child's release from confinement in a secure facility or	2033
imprisonment.	2034

(E) An offender or delinquent child who has been convicted	2035
of or pleaded guilty to, or has been or is adjudicated a	2036
delinquent child for committing, a sexually oriented offense in	2037
another state or in a federal court, military court, or an Indian	2038
tribal court may apply to the sheriff of the county in which the	2039
offender or delinquent child resides or temporarily is domiciled	2040
for credit against the duty to register for the time that the	2041
offender or delinquent child has complied with the sex offender	2042
registration requirements of another jurisdiction. The sheriff	2043
shall grant the offender or delinquent child credit against the	2044
duty to register for time for which the offender or delinquent	2045
child provides adequate proof that the offender or delinquent	2046
child has complied with the sex offender registration requirements	2047
of another jurisdiction. If the offender or delinquent child	2048
disagrees with the determination of the sheriff, the offender or	2049
delinquent child may appeal the determination to the court of	2050
common pleas of the county in which the offender or delinquent	2051
child resides or is temporarily domiciled.	2052

Sec. 2950.09. (A) If a person is convicted of or pleads	2053
guilty to committing, on or after January 1, 1997, a sexually	2054
oriented offense that is a sexually violent offense and also is	2055
convicted of or pleads guilty to a sexually violent predator	2056
specification that was included in the indictment, count in the	2057
indictment, or information charging the sexually violent offense,	2058
the conviction of or plea of guilty to the specification	2059
automatically classifies the offender as a sexual predator for	2060
purposes of this chapter. If a person is convicted of, pleads	2061
guilty to, or is adjudicated a delinquent child for committing, a	2062
sexually oriented offense in another state, or in a federal court,	2063
military court, or an Indian tribal court and if, as a result of	2064
that conviction, plea of guilty, or adjudication, the person is	2065
required, under the law of the jurisdiction in which the person	2066
was convicted, pleaded guilty, or was adjudicated, to register as	2067
a sex offender until the person's death and is required to verify	2068
the person's address on at least a quarterly basis each year, that	2069
conviction, plea of guilty, or adjudication automatically	2070
classifies the person as a sexual predator for the purposes of	2071
this chapter, but the person may challenge that classification	2072
pursuant to division (F) of this section. In all other cases, a	2073
person who is convicted of or pleads guilty to, has been	2074
convicted of or pleaded guilty to, or is adjudicated a delinquent	2075
child for committing, a sexually oriented offense may be	2076
classified as a sexual predator for purposes of this chapter only	2077
in accordance with division (B) or (C) of this section or,	2078
regarding delinquent children, divisions (B) and (C) of section	2079
2152.83 of the Revised Code.	2080

(B)(1)(a) The judge who is to impose sentence on a person who	2081
is convicted of or pleads guilty to a sexually oriented offense	2082
shall conduct a hearing to determine whether the offender is a	2083
sexual predator if eitherany of the following circumstances	2084
apply:	2085

(i) Regardless of when the sexually oriented offense was	2086
committed, the offender is to be sentenced on or after January 1,	2087
1997, for a sexually oriented offense that is not a sexually	2088
violent offense.	2089

(ii) Regardless of when the sexually oriented offense was	2090
committed, the offender is to be sentenced on or after January 1,	2091
1997, for a sexually oriented offense that is a sexually violent	2092
offense and a sexually violent predator specification was not	2093
included in the indictment, count in the indictment, or	2094
information charging the sexually violent offense.	2095

(iii) Regardless of when the sexually oriented offense was	2096
committed, the offender is to be sentenced on or after May 7,	2097
2002, for a sexually oriented offense, and that offender was	2098
acquitted of a sexually violent predator specification that was	2099
included in the indictment, count in the indictment, or	2100
information charging the sexually oriented offense.	2101

(b) The judge who is to impose or has imposed an order of	2102
disposition upon a child who is adjudicated a delinquent child for	2103
committing on or after January 1, 2002, a sexually oriented	2104
offense shall conduct a hearing as provided in this division to	2105
determine whether the child is to be classified as a sexual	2106
predator if either of the following applies:	2107

(i) The judge is required by section 2152.82 or division	2108
(A) of section 2152.83 of the Revised Code to classify the child a	2109
juvenile sex offender registrant.	2110

(ii) Division (B) of section 2152.83 of the Revised Code	2111
applies regarding the child, the judge conducts a hearing under	2112
that division for the purposes described in that division, and the	2113
judge determines at that hearing that the child will be classified	2114
a juvenile sex offender registrant.	2115

(d) Regardless of when the sexually oriented offense was	2116
committed, the offender is to be sentenced on or after the	2117
effective date of this amendment for a sexually oriented offense,	2118
and that offender was acquitted of a sexually violent predator	2119
specification that was included in the indictment, count in the	2120
indictment, or information charging the sexually oriented offense.	2121

(2) Regarding an offender, the judge shall conduct the	2122
hearing required by division (B)(1)(a) of this section prior to	2123
sentencing and, if the sexually oriented offense is a felony and	2124
if the hearing is being conducted under division (B)(1)(a), or (c)	2125
of this section, the judge may conduct it as part of the	2126
sentencing hearing required by section 2929.19 of the Revised	2127
Code. Regarding a delinquent child, the judge may conduct the	2128
hearing required by division (B)(1)(b) of this section at the same	2129
time as, or separate from, the dispositional hearing, as specified	2130
in the applicable provision of section 2152.82 or 2152.83 of the	2131
Revised Code. The court shall give the offender or delinquent	2132
child and the prosecutor who prosecuted the offender or handled	2133
the case against the delinquent child for the sexually oriented	2134
offense notice of the date, time, and location of the hearing. At	2135
the hearing, the offender or delinquent child and the prosecutor	2136
shall have an opportunity to testify, present evidence, call and	2137
examine witnesses and expert witnesses, and cross-examine	2138
witnesses and expert witnesses regarding the determination as to	2139
whether the offender or delinquent child is a sexual predator. The	2140
offender or delinquent child shall have the right to be	2141
represented by counsel and, if indigent, the right to have counsel	2142
appointed to represent the offender or delinquent child.	2143

(3) In making a determination under divisions (B)(1) and (4)	2144
of this section as to whether an offender or delinquent child is a	2145
sexual predator, the judge shall consider all relevant factors,	2146
including, but not limited to, all of the following:	2147

(a) The offender's or delinquent child's age;

2148

(b) The offender's or delinquent child's prior criminal or	2149
delinquency record regarding all offenses, including, but not	2150
limited to, all sexual offenses;	2151

(c) The age of the victim of the sexually oriented offense	2152
for which sentence is to be imposed or the order of disposition is	2153
to be made;	2154

(d) Whether the sexually oriented offense for which sentence	2155
is to be imposed or the order of disposition is to be made	2156
involved multiple victims;	2157

(e) Whether the offender or delinquent child used drugs or	2158
alcohol to impair the victim of the sexually oriented offense or	2159
to prevent the victim from resisting;	2160

(f) If the offender or delinquent child previously has been	2161
convicted of or pleaded guilty to, or been adjudicated a	2162
delinquent child for committing an act that if committed by an	2163
adult would be, a criminal offense, whether the offender or	2164
delinquent child completed any sentence or dispositional order	2165
imposed for the prior offense or act and, if the prior offense or	2166
act was a sex offense or a sexually oriented offense, whether the	2167
offender or delinquent child participated in available programs	2168
for sexual offenders;	2169

(g) Any mental illness or mental disability of the offender	2170
or delinquent child;	2171

(h) The nature of the offender's or delinquent child's	2172
sexual conduct, sexual contact, or interaction in a sexual context	2173
with the victim of the sexually oriented offense and whether the	2174
sexual conduct, sexual contact, or interaction in a sexual context	2175
was part of a demonstrated pattern of abuse;	2176

(i) Whether the offender or delinquent child, during the	2177
commission of the sexually oriented offense for which sentence is	2178
to be imposed or the order of disposition is to be made, displayed	2179
cruelty or made one or more threats of cruelty;	2180

(j) Any additional behavioral characteristics that	2181
contribute to the offender's or delinquent child's conduct.	2182

(4) After reviewing all testimony and evidence presented at	2183
the hearing conducted under division (B)(1) of this section and	2184
the factors specified in division (B)(3) of this section, the	2185
court shall determine by clear and convincing evidence whether the	2186
subject offender or delinquent child is a sexual predator. If the	2187
court determines that the subject offender or delinquent child is	2188
not a sexual predator, the court shall specify in the offender's	2189
sentence and the judgment of conviction that contains the sentence	2190
or in the delinquent child's dispositional order, as appropriate,	2191
that the court has determined that the offender or delinquent	2192
child is not a sexual predator. If the court determines by clear	2193
and convincing evidence that the subject offender or delinquent	2194
child is a sexual predator, the court shall specify in the	2195
offender's sentence and the judgment of conviction that contains	2196
the sentence or in the delinquent child's dispositional order, as	2197
appropriate, that the court has determined that the offender or	2198
delinquent child is a sexual predator and shall specify that the	2199
determination was pursuant to division (B) of this section. In any	2200
case in which the sexually oriented offense in question is an	2201
aggravated sexually oriented offense committed on or after the	2202
effective date of this amendment, the court shall specify in the	2203
offender's sentence and the judgment of conviction that contains	2204
the sentence that the offender's offense is an aggravated sexually	2205
oriented offense. The offender or delinquent child and the	2206
prosecutor who prosecuted the offender or handled the case against	2207
the delinquent child for the sexually oriented offense in question	2208
may appeal as a matter of right the court's determination under	2209
this division as to whether the offender or delinquent child is,	2210
or is not, a sexual predator.	2211

(5) A hearing shall not be conducted under division (B) of	2212
this section regarding an offender if the sexually oriented	2213
offense in question is a sexually violent offense, if the	2214
indictment, count in the indictment, or information charging the	2215
offense also included a sexually violent predator specification,	2216
and if the offender is convicted of or pleads guilty to that	2217
sexually violent predator specification.	2218

(C)(1) If a person was convicted of or pleaded guilty to a	2219
sexually oriented offense prior to January 1, 1997, if the person	2220
was not sentenced for the offense on or after January 1, 1997, and	2221
if, on or after January 1, 1997, the offender is serving a term of	2222
imprisonment in a state correctional institution, the department	2223
of rehabilitation and correction shall determine whether to	2224
recommend that the offender be adjudicated as being a sexual	2225
predator. In making a determination under this division as to	2226
whether to recommend that the offender be adjudicated as being a	2227
sexual predator, the department shall consider all relevant	2228
factors, including, but not limited to, all of the factors	2229
specified in division (B)(2) of this section. If the department	2230
determines that it will recommend that the offender be adjudicated	2231
as being a sexual predator, it immediately shall send the	2232
recommendation to the court that sentenced the offender and shall	2233
enter its determination and recommendation in the offender's	2234
institutional record, and the court shall proceed in accordance	2235
with division (C)(2) of this section.	2236

(2)(a) If, pursuant to division (C)(1) of this section, the	2237
department of rehabilitation and correction sends to a court a	2238
recommendation that an offender who has been convicted of or	2239
pleaded guilty to a sexually oriented offense be adjudicated as	2240
being a sexual predator, the court is not bound by the	2241
department's recommendation, and the court may conduct a hearing	2242
to determine whether the offender is a sexual predator. The court	2243
may deny the recommendation and determine that the offender is not	2244
a sexual predator without a hearing but shall not make a	2245
determination that the offender is a sexual predator in any case	2246
without a hearing. The court may hold the hearing and make the	2247
determination prior to the offender's release from imprisonment or	2248
at any time within one year following the offender's release from	2249
that imprisonment. If the court determines without a hearing that	2250
the offender is not a sexual predator, it shall include its	2251
determination in the offender's institutional record and shall	2252
determine whether the offender previously has been convicted of or	2253
pleaded guilty to a sexually oriented offense other than the	2254
offense in relation to which the court determined that the	2255
offender is not a sexual predator.	2256

The court may make the determination as to whether the	2257
offender previously has been convicted of or pleaded guilty to a	2258
sexually oriented offense without a hearing, but, if the court	2259
determines that the offender previously has been convicted of or	2260
pleaded guilty to such an offense, it shall not impose a	2261
requirement that the offender be subject to the community	2262
notification provisions regarding the offender's place of	2263
residence that are contained in sections 2950.10 and 2950.11 of	2264
the Revised Code without a hearing. The court may conduct a	2265
hearing to determine both whether the offender previously has been	2266
convicted of or pleaded guilty to a sexually oriented offense and	2267
whether to impose a requirement that the offender be subject to	2268
the community notification provisions as described in this	2269
division, or may conduct a hearing solely to make the latter	2270
determination. The court shall include in the offender's	2271
institutional record any determination made under this division as	2272
to whether the offender previously has been convicted of or	2273
pleaded guilty to a sexually oriented offense, and, as such,	2274
whether the offender is a habitual sex offender.	2275

(b) If the court schedules a hearing under division	2276
(C)(2)(a) of this section, the court shall give the offender and	2277
the prosecutor who prosecuted the offender for the sexually	2278
oriented offense, or that prosecutor's successor in office, notice	2279
of the date, time, and place of the hearing. If the hearing is to	2280
determine whether the offender is a sexual predator, it shall be	2281
conducted in the manner described in division (B)(1) of this	2282
section regarding hearings conducted under that division and, in	2283
making a determination under this division as to whether the	2284
offender is a sexual predator, the court shall consider all	2285
relevant factors, including, but not limited to, all of the	2286
factors specified in division (B)(2) of this section. After	2287
reviewing all testimony and evidence presented at the sexual	2288
predator hearing and the factors specified in division (B)(2) of	2289
this section, the court shall determine by clear and convincing	2290
evidence whether the offender is a sexual predator. If the court	2291
determines that the offender is not a sexual predator, it also	2292
shall determine whether the offender previously has been convicted	2293
of or pleaded guilty to a sexually oriented offense other than the	2294
offense in relation to which the hearing is being conducted.	2295

Upon making its determinations at the hearing, the court	2296
shall proceed as follows:	2297

(i) If the hearing is to determine whether the offender is a	2298
sexual predator, and if the court determines that the offender is	2299
not a sexual predator and that the offender previously has not	2300
been convicted of or pleaded guilty to a sexually oriented offense	2301
other than the offense in relation to which the hearing is being	2302
conducted, it shall include its determinations in the offender's	2303
institutional record.	2304

(ii) If the hearing is to determine whether the offender is	2305
a sexual predator, and if the court determines that the offender	2306
is not a sexual predator but that the offender previously has been	2307
convicted of or pleaded guilty to a sexually oriented offense	2308
other than the offense in relation to which the hearing is being	2309
conducted, it shall include its determination that the offender is	2310
not a sexual predator but is a habitual sex offender in the	2311
offender's institutional record, shall attach the determinations	2312
to the offender's sentence, shall specify that the determinations	2313
were pursuant to division (C) of this section, shall provide a	2314
copy of the determinations to the offender, to the prosecuting	2315
attorney, and to the department of rehabilitation and correction,	2316
and may impose a requirement that the offender be subject to the	2317
community notification provisions regarding the offender's place	2318
of residence that are contained in sections 2950.10 and 2950.11 of	2319
the Revised Code. The offender shall not be subject to those	2320
community notification provisions relative to the sexually	2321
oriented offense in question if the court does not so impose the	2322
requirement described in this division. If the court imposes	2323
those community notification provisions, the offender may appeal	2324
the judge's determination that the offender is a habitual sex	2325
offender.	2326

(iii) If the hearing is to determine whether the offender	2327
previously has been convicted of or pleaded guilty to a sexually	2328
oriented offense other than the offense in relation to which the	2329
hearing is being conducted and whether to impose a requirement	2330
that the offender be subject to the specified community	2331
notification provisions, and if the court determines that the	2332
offender previously has been convicted of or pleaded guilty to	2333
such an offense, the court shall proceed as described in division	2334
(C)(2)(b)(ii) of this section and may impose a community	2335
notification requirement as described in that division. The	2336
offender shall not be subject to the specified community	2337
notification provisions relative to the sexually oriented offense	2338
in question if the court does not so impose the requirement	2339
described in that division. If the court imposes those community	2340
notification provisions, the offender may appeal the judge's	2341
determination that the offender is a habitual sex offender.	2342

(iv) If the court determined without a hearing that the	2343
offender previously has been convicted of or pleaded guilty to a	2344
sexually oriented offense other than the offense in relation to	2345
which the court determined that the offender is not a sexual	2346
predator, and, as such, is a habitual sex offender, and the	2347
hearing is solely to determine whether to impose a requirement	2348
that the offender be subject to the specified community	2349
notification provisions, after the hearing, the court may impose a	2350
community notification requirement as described in division	2351
(C)(2)(b)(ii) of this section. The offender shall not be subject	2352
to the specified community notification provisions relative to the	2353
sexually oriented offense in question if the court does not so	2354
impose the requirement described in that division. If the court	2355
imposes those community notification provisions, the offender may	2356
appeal the judge's determination that the offender is a habitual	2357
sex offender.	2358

(v) If the hearing is to determine whether the offender is a	2359
sexual predator, and if the court determines by clear and	2360
convincing evidence that the offender is a sexual predator, it	2361
shall enter its determination in the offender's institutional	2362
record, shall attach the determination to the offender's sentence,	2363
shall specify that the determination was pursuant to division (C)	2364
of this section, and shall provide a copy of the determination to	2365
the offender, to the prosecuting attorney, and to the department	2366
of rehabilitation and correction. The offender and the prosecutor	2367
may appeal as a matter of right the judge's determination under	2368
this division as to whether the offender is, or is not, a sexual	2369
predator.	2370

(D)(1) Division (D) of this section applies to persons who	2371
have been convicted of or pleaded guilty to a sexually oriented	2372
offense and also applies as provided in Chapter 2152. of the	2373
Revised Code. A person who has been adjudicated a delinquent	2374
child for committing a sexually oriented offense and who has been	2375
classified by a juvenile court judge a juvenile sex offender	2376
registrant or, if applicable, additionally has been determined by	2377
a juvenile court judge to be a sexual predator or habitual sex	2378
offender, may petition the adjudicating court for a	2379
reclassification or declassification pursuant to section 2152.85	2380
of the Revised Code.	2381

Upon the expiration of the applicable period of time	2382
specified in division (D)(1)(a) or (b) of this section, an	2383
offender who has been convicted of or pleaded guilty to a sexually	2384
oriented offense and who has been adjudicated as being a sexual	2385
predator relative to the sexually oriented offense in the manner	2386
described in division (B) or (C) of this section may petition the	2387
judge who made the determination that the offender was a sexual	2388
predator, or that judge's successor in office, to enter a	2389
determination that the offender no longer is a sexual predator.	2390
Upon the filing of the petition, the judge may review the prior	2391
sexual predator determination that comprises the sexual predator	2392
adjudication, and, upon consideration of all relevant evidence and	2393
information, including, but not limited to, the factors set forth	2394
in division (B)(3) of this section, either shall enter a	2395
determination that the offender no longer is a sexual predator or	2396
shall enter an order denying the petition. The judge shall not	2397
enter a determination under this division that the offender no	2398
longer is a sexual predator unless the judge determines by clear	2399
and convincing evidence that the offender is unlikely to commit a	2400
sexually oriented offense in the future. If the judge enters a	2401
determination under this division that the offender no longer is a	2402
sexual predator, the judge shall notify the bureau of criminal	2403
identification and investigation and the parole board of the	2404
determination. Upon receipt of the notification, the bureau	2405
promptly shall notify the sheriff with whom the offender most	2406
recently registered under section 2950.04 or 2950.05 of the	2407
Revised Code of the determination that the offender no longer is	2408
a sexual predator. If the judge enters a determination under this	2409
division that the offender no longer is a sexual predator and if	2410
the offender has a duty to register under section 2950.04 of the	2411
Revised Code resulting from the offender's conviction of or plea	2412
of guilty to committing on or after the effective date of this	2413
amendment an aggravated sexually oriented offense, the entry of	2414
the determination under this division does not affect any duties	2415
imposed upon the offender under this chapter as a result of that	2416
conviction of or plea of guilty to the aggravated sexually	2417
oriented offense. If the judge enters an order denying the	2418
petition, the prior adjudication of the offender as a sexual	2419
predator shall remain in effect. An offender determined to be a	2420
sexual predator in the manner described in division (B) or (C) of	2421
this section may file a petition under this division after the	2422
expiration of the following periods of time:	2423

(a) Regardless of when the sexually oriented offense was	2424
committed, if, on or after January 1, 1997, the offender is	2425
imprisoned or sentenced to a prison term or other confinement for	2426
the sexually oriented offense in relation to which the	2427
determination was made, the offender initially may file the	2428
petition not earlier than one year prior to the offender's release	2429
from the imprisonment, prison term, or other confinement by	2430
discharge, parole, judicial release, or any other final release.	2431
If the offender is sentenced on or after January 1, 1997, for the	2432
sexually oriented offense in relation to which the determination	2433
is made and is not imprisoned or sentenced to a prison term or	2434
other confinement for the sexually oriented offense, the offender	2435
initially may file the petition upon the expiration of one year	2436
after the entry of the offender's judgment of conviction.	2437

(b) After the offender's initial filing of a petition under	2438
division (D)(1)(a) of this section, thereafter, an offender may	2439
file a petition under this division upon the expiration of five	2440
years after the court has entered an order denying the petition	2441
under division (D)(1)(a) of this section or the most recent	2442
petition the offender has filed under this division.	2443

(2) Except as otherwise provided in this division, division	2444
(D)(1) of this section does not apply to a person who is	2445
classified as a sexual predator pursuant to division (A) of this	2446
section. If a person who is so classified was sentenced to a	2447
prison term pursuant to division (A)(3) of section 2971.03 of the	2448
Revised Code and if the sentencing court terminates the offender's	2449
prison term as provided in division (D) of section 2971.05 of the	2450
Revised Code, the court's termination of the prison term	2451
automatically shall constitute a determination by the court that	2452
the offender no longer is a sexual predator. However, if there is	2453
a determination under this division that the offender no longer is	2454
a sexual predator and if the offender has a duty to register under	2455
section 2950.04 of the Revised Code resulting from the offender's	2456
conviction of or plea of guilty to committing on or after the	2457
effective date of this amendment an aggravated sexually oriented	2458
offense, the determination under this division does not affect any	2459
duties imposed upon the offender under this chapter as a result of	2460
that conviction of or plea of guilty to the aggravated sexually	2461
oriented offense. If the court so terminates the offender's	2462
prison term, the court shall notify the bureau of criminal	2463
identification and investigation and the parole board of the	2464
determination that the offender no longer is a sexual predator.	2465
Upon receipt of the notification, the bureau promptly shall notify	2466
the sheriff with whom the offender most recently registered under	2467
section 2950.04 or 2950.05 of the Revised Code that the offender	2468
no longer is a sexual predator. If an offender who is classified	2469
as a sexual predator pursuant to division (A) of this section is	2470
released from prison pursuant to a pardon or commutation, the	2471
classification of the offender as a sexual predator shall remain	2472
in effect after the offender's release, and the offender may file	2473
one or more petitions in accordance with the procedures and time	2474
limitations contained in division (D)(1) of this section for a	2475
determination that the offender no longer is a sexual predator.	2476

(E)(1) If a person is convicted of or pleads guilty to	2477
committing, on or after January 1, 1997, a sexually oriented	2478
offense, the judge who is to impose sentence on the offender shall	2479
determine, prior to sentencing, whether the offender previously	2480
has been convicted of or pleaded guilty to, or adjudicated a	2481
delinquent child for committing, a sexually oriented offense and	2482
is a habitual sex offender. The judge who is to impose or has	2483
imposed an order of disposition upon a child who is adjudicated a	2484
delinquent child for committing on or after January 1, 2002, a	2485
sexually oriented offense shall determine, prior to entering the	2486
order classifying the delinquent child a juvenile sex offender	2487
registrant, whether the delinquent child previously has been	2488
convicted of or pleaded guilty to, or adjudicated a delinquent	2489
child for committing, a sexually oriented offense and is a	2490
habitual sex offender, if either of the following applies:	2491

(a) The judge is required by section 2152.82 or division (A)	2492
of section 2152.83 of the Revised Code to classify the child a	2493
juvenile sex offender registrant;	2494

(b) Division (B) of section 2152.83 of the Revised Code	2495
applies regarding the child, the judge conducts a hearing under	2496
that division for the purposes described in that division, and the	2497
judge determines at that hearing that the child will be classified	2498
a juvenile sex offender registrant.	2499

(2) If, under division (E)(1) of this section, the judge	2500
determines that the offender or delinquent child previously has	2501
not been convicted of or pleaded guilty to, or been adjudicated a	2502
delinquent child for committing, a sexually oriented offense or	2503
that the offender otherwise does not satisfy the criteria for	2504
being a habitual sex offender, the judge shall specify in the	2505
offender's sentence or in the order classifying the delinquent	2506
child a juvenile sex offender registrant that the judge has	2507
determined that the offender or delinquent child is not a habitual	2508
sex offender. If the judge determines that the offender or	2509
delinquent child previously has been convicted of or pleaded	2510
guilty to, or been adjudicated a delinquent child for committing,	2511
a sexually oriented offense and that the offender satisfies all	2512
other criteria for being a habitual sex offender, the judge shall	2513
specify in the offender's sentence and the judgment of conviction	2514
that contains the sentence or in the order classifying the	2515
delinquent child a juvenile sex offender registrant that the judge	2516
has determined that the offender or delinquent child is a habitual	2517
sex offender and may impose a requirement in that sentence and	2518
judgment of conviction or in that order that the offender or	2519
delinquent child be subject to the community notification	2520
provisions regarding the offender's or delinquent child's place of	2521
residence that are contained in sections 2950.10 and 2950.11 of	2522
the Revised Code. Unless the habitual sex offender also has been	2523
adjudicated as being a sexual predator relative to the sexually	2524
oriented offense in question or the habitual sex offender was	2525
convicted of or pleaded guilty to an aggravated sexually oriented	2526
offense that was committed on or after the effective date of this	2527
amendment, the offender or delinquent child shall be subject to	2528
those community notification provisions only if the court imposes	2529
the requirement described in this division in the offender's	2530
sentence and the judgment of conviction or in the order	2531
classifying the delinquent child a juvenile sex offender	2532
registrant.	2533

(F)(1) An offender or delinquent child classified as a	2534
sexual predator may petition the court of common pleas or, for a	2535
delinquent child, the juvenile court of the county in which the	2536
offender or delinquent child resides or temporarily is domiciled	2537
to enter a determination that the offender or delinquent child is	2538
not an adjudicated sexual predator in this state for purposes of	2539
the sex offender registration requirements of this chapter or the	2540
community notification provisions contained in sections 2950.10	2541
and 2950.11 of the Revised Code if all of the following apply:	2542

(a) The offender or delinquent child was convicted of,	2543
pleaded guilty to, or was adjudicated a delinquent child for	2544
committing, a sexually oriented offense in another state or in a	2545
federal court, a military court, or an Indian tribal court.	2546

(b) As a result of the conviction, plea of guilty, or	2547
adjudication described in division (F)(1)(a) of this section, the	2548
offender or delinquent child is required under the law of the	2549
jurisdiction under which the offender or delinquent child was	2550
convicted, pleaded guilty, or was adjudicated to register as a sex	2551
offender until the offender's or delinquent child's death and is	2552
required to verify the offender's or delinquent child's address on	2553
at least a quarterly basis each year.	2554

(c) The offender or delinquent child was automatically	2555
classified as a sexual predator under division (A) of this section	2556
in relation to the conviction, guilty plea, or adjudication	2557
described in division (F)(1)(a) of this section.	2558

(2) The court may enter a determination that the offender or	2559
delinquent child filing the petition described in division (F)(1)	2560
of this section is not an adjudicated sexual predator in this	2561
state for purposes of the sex offender registration requirements	2562
of this chapter or the community notification provisions contained	2563
in sections 2950.10 and 2950.11 of the Revised Code only if the	2564
offender or delinquent child proves by clear and convincing	2565
evidence that the requirement of the other jurisdiction that the	2566
offender or delinquent child register as a sex offender until the	2567
offender's or delinquent child's death and the requirement that	2568
the offender or delinquent child verify the offender's or	2569
delinquent child's address on at least a quarterly basis each year	2570
is not substantially similar to a classification as a sexual	2571
predator for purposes of this chapter.	2572

Sec. 2950.10.  (A)(1) If a person is convicted of or pleads	2573
guilty to, or has been convicted of or pleaded guilty to, a	2574
sexually oriented offense or a person is adjudicated a delinquent	2575
child for committing a sexually oriented offense and is classified	2576
a juvenile sex offender registrant or is an out-of-state juvenile	2577
sex offender registrant based on that adjudication, if the	2578
offender or delinquent child has been adjudicated as being a	2579
sexual predator relative to the sexually oriented offense and the	2580
court has not subsequently determined pursuant to division (D) of	2581
section 2950.09, section 2152.84, or section 2152.85 of the	2582
Revised Code that the offender or delinquent child no longer is a	2583
sexual predator or the offender or delinquent child has been	2584
determined pursuant to division (C)(2) or (E) of section 2950.09,	2585
division (B) of section 2152.83, section 2152.84, or section	2586
2152.85 of the Revised Code to be a habitual sex offender, the	2587
court has imposed a requirement under that division or section	2588
subjecting the habitual sex offender to this section, and the	2589
determination has not been removed pursuant to section 2152.84 or	2590
2152.85 of the Revised Codeis in any category specified in	2591
division (B)(1)(a), (b), or (c) of this section, if the offender	2592
or delinquent child registers with a sheriff pursuant to section	2593
2950.04 or 2950.05 of the Revised Code, and if the victim of the	2594
sexually oriented offense has made a request in accordance with	2595
rules adopted by the attorney general that specifies that the	2596
victim would like to be provided the notices described in this	2597
section, the sheriff shall notify the victim of the sexually	2598
oriented offense, in writing, that the offender or delinquent	2599
child has registered and shall include in the notice the	2600
offender's or delinquent child's name and residence address or	2601
addresses. The sheriff shall provide the notice required by this	2602
division to the victim at the most recent residence address	2603
available for that victim, not later than seventy-two hours after	2604
the offender or delinquent child registers with the sheriff.	2605

(2) If a person is convicted of or pleads guilty to, or has	2606
been convicted of or pleaded guilty to, a sexually oriented	2607
offense or a person is adjudicated a delinquent child for	2608
committing a sexually oriented offense and is classified a	2609
juvenile sex offender registrant or is an out-of-state juvenile	2610
sex offender registrant based on that adjudication, if the	2611
offender or delinquent child has been adjudicated as being a	2612
sexual predator relative to the sexually oriented offense or	2613
sexually violent offense and the court has not subsequently	2614
determined pursuant to division (D) of section 2950.09, section	2615
2152.84, or section 2152.85 of the Revised Code that the offender	2616
or delinquent child no longer is a sexual predator or the offender	2617
or delinquent child has been determined pursuant to division (E)	2618
of section 2950.09, division (B) of section 2152.83, section	2619
2152.84, or section 2152.85 of the Revised Code to be a habitual	2620
sex offender, the court has imposed a requirement under that	2621
division or section subjecting the habitual sex offender to this	2622
section, and the determination has not been removed pursuant to	2623
section 2152.84 or 2152.85 of the Revised Codeis in any category	2624
specified in division (B)(1)(a), (b), or (c) of this section, if	2625
the offender or delinquent child registers with a sheriff pursuant	2626
to section 2950.04 or 2950.05 of the Revised Code, if the victim	2627
of the sexually oriented offense has made a request in accordance	2628
with rules adopted by the attorney general that specifies that the	2629
victim would like to be provided the notices described in this	2630
section, and if the offender or delinquent child notifies the	2631
sheriff of a change of residence address pursuant to section	2632
2950.05 of the Revised Code, the sheriff shall notify the victim	2633
of the sexually oriented offense, in writing, that the offender's	2634
or delinquent child's residence address has changed and shall	2635
include in the notice the offender's or delinquent child's name	2636
and new residence address or addresses. The sheriff shall provide	2637
the notice required by this division to the victim at the most	2638
recent residence address available for that victim, no later than	2639
seventy-two hours after the offender or delinquent child notifies	2640
the sheriff of the change in the offender's or delinquent child's	2641
residence address.	2642

(3) If a person is convicted of or pleads guilty to, or has	2643
been convicted of or pleaded guilty to, a sexually oriented	2644
offense or a person is adjudicated a delinquent child for	2645
committing a sexually oriented offense and is classified a	2646
juvenile sex offender registrant or is an out-of-state juvenile	2647
sex offender registrant based on that adjudication, and if the	2648
offender or delinquent child is adjudicated as being a sexual	2649
predator relative to the sexually oriented offense or the offender	2650
or delinquent child is determined pursuant to division (E) of	2651
section 2950.09, division (B) of section 2152.83, section	2652
2152.84, or section 2152.85 of the Revised Code to be a habitual	2653
sex offender and is made subject to this section, the victim of	2654
the offense may make a request in accordance with rules adopted by	2655
the attorney general pursuant to section 2950.13 of the Revised	2656
Code that specifies that the victim would like to be provided the	2657
notices described in divisions (A)(1) and (2) of this section. If	2658
the victim makes a request in accordance with those rules, the	2659
sheriff described in divisions (A)(1) and (2) of this section	2660
shall provide the victim with the notices described in those	2661
divisions.	2662

(4) If a victim makes a request as described in division	2663
(A)(3) of this section that specifies that the victim would like	2664
to be provided the notices described in divisions (A)(1) and (2)	2665
of this section, all information a sheriff obtains regarding the	2666
victim from or as a result of the request is confidential, and the	2667
information is not a public record open for inspection under	2668
section 149.43 of the Revised Code.	2669

(5) The notices described in divisions (A)(1) and (2) of	2670
this section are in addition to any notices regarding the offender	2671
or delinquent child that the victim is entitled to receive under	2672
Chapter 2930. of the Revised Code.	2673

(B)(1) The duties to provide the notices described in	2674
divisions (A)(1) and (2) of this section apply regarding any	2675
offender or delinquent child who is in any of the following	2676
categories, if the other criteria set forth in division (A)(1) or	2677
(2) of this section, whichever is applicable, are satisfied:	2678

(a) The offender or delinquent child has been adjudicated a	2679
sexual predator relative to the sexually oriented offense for	2680
which the offender or delinquent child has the duty to register	2681
under section 2950.04 of the Revised Code, and the court has not	2682
subsequently determined pursuant to division (D) of section	2683
2950.09, section 2152.84, or section 2152.85 of the Revised Code	2684
that the offender or delinquent child no longer is a sexual	2685
predator.	2686

(b) The offender or delinquent child has been determined	2687
pursuant to division (C)(2) or (E) of section 2950.09, division	2688
(B) of section 2152.83, section 2152.84, or section 2152.85 of the	2689
Revised Code to be a habitual sex offender, the court has imposed	2690
a requirement under that division or section subjecting the	2691
habitual sex offender to this section, and the determination has	2692
not been removed pursuant to section 2152.84 or 2152.85 of the	2693
Revised Code.	2694

(c) The sexually oriented offense for which the offender has	2695
the duty to register under section 2950.04 of the Revised Code is	2696
an aggravated sexually oriented offense committed on or after the	2697
effective date of this amendment, regardless of whether the	2698
offender has been adjudicated a sexual predator relative to the	2699
offense or has been determined to be a habitual sex offender and,	2700
if the offender has been so adjudicated or determined, regardless	2701
of whether the court has subsequently determined that the offender	2702
no longer is a sexual predator or whether the habitual sex	2703
offender determination has not been removed as described in	2704
division (A)(1)(a) or (b) of this section.	2705

(2) A victim of a sexually oriented offense is not entitled	2706
to be provided any notice described in division (A)(1) or (2) of	2707
this section unless the offender or delinquent child is	2708
adjudicated as being a sexual predator relative to the sexually	2709
oriented offense and the court has not subsequently determined	2710
pursuant to division (D) of section 2950.09, section 2152.84, or	2711
section 2152.85 of the Revised Code that the offender or	2712
delinquent child no longer is a sexual predator or the offender or	2713
delinquent child has been determined pursuant to division (E) of	2714
section 2950.09, division (B) of section 2152.83, section	2715
2152.84, or section 2152.85 of the Revised Code to be a habitual	2716
sex offender, the court has imposed a requirement under that	2717
division or section subjecting the habitual sex offender to this	2718
section, and the determination has not been removed pursuant to	2719
section 2152.84 or 2152.85 of the Revised Codein a category	2720
specified in division (B)(1)(a), (b), or (c) of this section. A	2721
victim of a sexually oriented offense is not entitled to any	2722
notice described in division (A)(1) or (2) of this section unless	2723
the victim makes a request in accordance with rules adopted by the	2724
attorney general pursuant to section 2950.13 of the Revised Code	2725
that specifies that the victim would like to be provided the	2726
notices described in divisions (A)(1) and (2) of this section.	2727
This division does not affect any rights of a victim of a sexually	2728
oriented offense to be provided notice regarding an offender or	2729
delinquent child that are described in Chapter 2930. of the	2730
Revised Code.	2731

Sec. 2950.11.  (A) As used in this section, "specified	2732
geographical notification area" means the geographic area or areas	2733
within which the attorney general, by rule adopted under section	2734
2950.13 of the Revised Code, requires the notice described in	2735
division (B) of this section to be given to the persons identified	2736
in divisions (A)(2) to (8) of this section. If a person is	2737
convicted of or pleads guilty to, or has been convicted of or	2738
pleaded guilty to, a sexually oriented offense or a person is	2739
adjudicated a delinquent child for committing a sexually oriented	2740
offense and is classified a juvenile sex offender registrant or is	2741
an out-of-state juvenile sex offender registrant based on that	2742
adjudication, and if the offender or delinquent child has been	2743
adjudicated as being a sexual predator relative to the sexually	2744
oriented offense and the court has not subsequently determined	2745
pursuant to division (D) of section 2950.09, section 2152.84, or	2746
section 2152.85 of the Revised Code that the offender or	2747
delinquent child no longer is a sexual predator or the offender or	2748
delinquent child has been determined pursuant to division (C)(2)	2749
or (E) of section 2950.09, division (B) of section 2152.83,	2750
section 2152.84, or section 2152.85 of the Revised Code to be a	2751
habitual sex offender, the court has imposed a requirement under	2752
that division or section subjecting the habitual sex offender to	2753
this section, and the determination has not been removed pursuant	2754
to section 2152.84 or 2152.85 of the Revised Codeis in any	2755
category specified in division (F)(1)(a), (b), or (c) of this	2756
section, the sheriff with whom the offender or delinquent child	2757
has most recently registered under section 2950.04 or 2950.05 of	2758
the Revised Code and the sheriff to whom the offender or	2759
delinquent child most recently sent a notice of intent to reside	2760
under section 2950.04 of the Revised Code, within the period of	2761
time specified in division (C) of this section, shall provide a	2762
written notice containing the information set forth in division	2763
(B) of this section to all of the following persons:	2764

(1) All occupants of residences within one thousand feet of	2765
the offender's or delinquent child's place of residence that are	2766
located within the county served by the sheriff and all additional	2767
neighbors of the offender or delinquent child who are within any	2768
category that the attorney general by rule adopted under section	2769
2950.13 of the Revised Code requires to be provided the notice and	2770
who reside within the county served by the sheriff;	2771

(2) The executive director of the public children services	2772
agency that has jurisdiction within the specified geographical	2773
notification area and that is located within the county served by	2774
the sheriff;	2775

(3)(a) The superintendent of each board of education of a	2776
school district that has schools within the specified geographical	2777
notification area and that is located within the county served by	2778
the sheriff;	2779

(b) The principal of the school within the specified	2780
geographical notification area and within the county served by the	2781
sheriff that the delinquent child attends;	2782

(c) If the delinquent child attends a school outside of the	2783
specified geographical notification area or outside of the school	2784
district where the delinquent child resides, the superintendent of	2785
the board of education of a school district that governs the	2786
school that the delinquent child attends and the principal of the	2787
school that the delinquent child attends.	2788

(4)(a) The appointing or hiring officer of each chartered	2789
nonpublic school located within the specified geographical	2790
notification area and within the county served by the sheriff or	2791
of each other school located within the specified geographical	2792
notification area and within the county served by the sheriff and	2793
that is not operated by a board of education described in division	2794
(A)(3) of this section;	2795

(b) Regardless of the location of the school, the appointing	2796
or hiring officer of a chartered nonpublic school that the	2797
delinquent child attends.	2798

(5) The director, head teacher, elementary principal, or	2799
site administrator of each preschool program governed by Chapter	2800
3301. of the Revised Code that is located within the specified	2801
geographical notification area and within the county served by the	2802
sheriff;	2803

(6) The administrator of each child day-care center or type	2804
A family day-care home that is located within the specified	2805
geographical notification area and within the county served by the	2806
sheriff, and the provider of each certified type B family day-care	2807
home that is located within the specified geographical	2808
notification area and within the county served by the sheriff. As	2809
used in this division, "child day-care center," "type A family	2810
day-care home," and "certified type B family day-care home" have	2811
the same meanings as in section 5104.01 of the Revised Code.	2812

(7) The president or other chief administrative officer of	2813
each institution of higher education, as defined in section	2814
2907.03 of the Revised Code, that is located within the specified	2815
geographical notification area and within the county served by the	2816
sheriff, and the chief law enforcement officer of the state	2817
university law enforcement agency or campus police department	2818
established under section 3345.04 or 1713.50 of the Revised Code,	2819
if any, that serves that institution;	2820

(8) The sheriff of each county that includes any portion of	2821
the specified geographical notification area;	2822

(9) If the offender or delinquent child resides within the	2823
county served by the sheriff, the chief of police, marshal, or	2824
other chief law enforcement officer of the municipal corporation	2825
in which the offender or delinquent child resides or, if the	2826
offender or delinquent child resides in an unincorporated area,	2827
the constable or chief of the police department or police district	2828
police force of the township in which the offender or delinquent	2829
child resides.	2830

(B) The notice required under division (A) of this section	2831
shall include all of the following information regarding the	2832
subject offender or delinquent child:	2833

(1) The offender's or delinquent child's name;

2834

(2) The address or addresses at which the offender or	2835
delinquent child resides;	2836

(3) The sexually oriented offense of which the offender was	2837
convicted, to which the offender pleaded guilty, or for which the	2838
child was adjudicated a delinquent child;	2839

(4) A statement that the offender or delinquent child has	2840
been adjudicated as being a sexual predator and that, as of the	2841
date of the notice, the court has not entered a determination that	2842
the offender or delinquent child no longer is a sexual predator,	2843
or a statement that the sentencing or reviewing judge has	2844
determined that the offender or delinquent child is a habitual sex	2845
offender and that, as of the date of the notice, the determination	2846
has not been removed pursuant to section 2152.84 or 2152.85 of the	2847
Revised Code.	2848

(C) If a sheriff with whom an offender or delinquent child	2849
registers under section 2950.04 or 2950.05 of the Revised Code or	2850
to whom the offender or delinquent child most recently sent a	2851
notice of intent to reside under section 2950.04 of the Revised	2852
Code is required by division (A) of this section to provide	2853
notices regarding an offender or delinquent child and if, pursuant	2854
to that requirement, the sheriff provides a notice to a sheriff of	2855
one or more other counties in accordance with division (A)(8) of	2856
this section, the sheriff of each of the other counties who is	2857
provided notice under division (A)(8) of this section shall	2858
provide the notices described in divisions (A)(1) to (7) and	2859
(A)(9) of this section to each person or entity identified within	2860
those divisions that is located within the geographical	2861
notification area and within the county served by the sheriff in	2862
question.	2863

(D)(1) A sheriff required by division (A) or (C) of this	2864
section to provide notices regarding an offender or delinquent	2865
child shall provide the notice to the neighbors that are	2866
described in division (A)(1) of this section and the notices to	2867
law enforcement personnel that are described in divisions (A)(8)	2868
and (9) of this section no later than seventy-two hours after the	2869
offender sends the notice of intent to reside to the sheriff and	2870
again no later than seventy-two hours after the offender or	2871
delinquent child registers with the sheriff or, if the sheriff is	2872
required by division (C) to provide the notices, no later than	2873
seventy-two hours after the sheriff is provided the notice	2874
described in division (A)(8) of this section.	2875

A sheriff required by division (A) or (C) of this section to	2876
provide notices regarding an offender or delinquent child shall	2877
provide the notices to all other specified persons that are	2878
described in divisions (A)(2) to (7) of this section not later	2879
than seven days after the offender or delinquent child registers	2880
with the sheriff, if the sheriff is required by division (C) to	2881
provide the notices, no later than seventy-two hours after the	2882
sheriff is provided the notice described in division (A)(8) of	2883
this section.	2884

(2) If an offender or delinquent child in relation to whom	2885
division (A) of this section applies verifies the offender's or	2886
delinquent child's current residence address with a sheriff	2887
pursuant to section 2950.06 of the Revised Code, the sheriff may	2888
provide a written notice containing the information set forth in	2889
division (B) of this section to the persons identified in	2890
divisions (A)(1) to (9) of this section. If a sheriff provides a	2891
notice pursuant to this division to the sheriff of one or more	2892
other counties in accordance with division (A)(8) of this section,	2893
the sheriff of each of the other counties who is provided the	2894
notice under division (A)(8) of this section may provide, but is	2895
not required to provide, a written notice containing the	2896
information set forth in division (B) of this section to the	2897
persons identified in divisions (A)(1) to (7) and (A)(9) of this	2898
section.	2899

(E) All information that a sheriff possesses regarding a	2900
sexual predator or a habitual sex offender that is described in	2901
division (B) of this section and that must be provided in a notice	2902
required under division (A) or (C) of this section or that may be	2903
provided in a notice authorized under division (D)(2) of this	2904
section is a public record that is open to inspection under	2905
section 149.43 of the Revised Code.	2906

If the sexual predator or habitual sex offender is a juvenile	2907
sex offender registrant, the sheriff shall not cause any of the	2908
information described in this division to be publicly disseminated	2909
by means of the internet, except when the act that is the basis of	2910
a child's classification as a juvenile sex offender registrant is	2911
a violation of, or an attempt to commit a violation of, section	2912
2903.01, 2903.02, or 2905.01 of the Revised Code that was	2913
committed with a purpose to gratify the sexual needs or desires of	2914
the child, a violation of section 2907.02 of the Revised Code, or	2915
an attempt to commit a violation of that section.	2916

(F)(1) The duties to provide the notices described in	2917
divisions (A) and (C) of this section apply regarding any offender	2918
or delinquent child who is in any of the following categories, if	2919
the other criteria set forth in division (A) or (C) of this	2920
section, whichever is applicable, are satisfied:	2921

(a) The offender or delinquent child has been adjudicated a	2922
sexual predator relative to the sexually oriented offense for	2923
which the offender or delinquent child has the duty to register	2924
under section 2950.04 of the Revised Code, and the court has not	2925
subsequently determined pursuant to division (D) of section	2926
2950.09, section 2152.84, or section 2152.85 of the Revised Code	2927
that the offender or delinquent child no longer is a sexual	2928
predator.	2929

(b) The offender or delinquent child has been determined	2930
pursuant to division (C)(2) or (E) of section 2950.09, division	2931
(B) of section 2152.83, section 2152.84, or section 2152.85 of the	2932
Revised Code to be a habitual sex offender, the court has imposed	2933
a requirement under that division or section subjecting the	2934
habitual sex offender to this section, and the determination has	2935
not been removed pursuant to section 2152.84 or 2152.85 of the	2936
Revised Code.	2937

(c) The sexually oriented offense for which the offender has	2938
the duty to register under section 2950.04 of the Revised Code is	2939
an aggravated sexually oriented offense committed on or after the	2940
effective date of this amendment, regardless of whether the	2941
offender has been adjudicated a sexual predator relative to the	2942
offense or has been determined to be a habitual sex offender and,	2943
if the offender has been so adjudicated or determined, regardless	2944
of whether the court has subsequently determined that the offender	2945
no longer is a sexual predator or whether the habitual sex	2946
offender determination has not been removed as described in	2947
division (F)(1)(a) or (b) of this section.	2948

(2) The notification provisions of this section do not apply	2949
regarding a person who is convicted of or pleads guilty to, has	2950
been convicted of or pleaded guilty to, or is adjudicated a	2951
delinquent child for committing, a sexually oriented offense, who	2952
hasis not been adjudicated as being a sexual predator relative to	2953
that sexually oriented offensein the category specified in either	2954
division (F)(1)(a) or (c) of this section, and who is determined	2955
pursuant to division (C)(2) or (E) of section 2950.09, division	2956
(B) of section 2152.83, section 2152.84, or section 2152.85 of the	2957
Revised Code to be a habitual sex offender unless the sentencing	2958
or reviewing court imposes a requirement in the offender's	2959
sentence and in the judgment of conviction that contains the	2960
sentence or in the delinquent child's adjudication, or imposes a	2961
requirement as described in division (C)(2) of section 2950.09 of	2962
the Revised Code, that subjects the offender or the delinquent	2963
child to the provisions of this section.	2964

(G) The department of job and family services shall compile,	2965
maintain, and update in January and July of each year, a list of	2966
all agencies, centers, or homes of a type described in division	2967
(A)(2) or (6) of this section that contains the name of each	2968
agency, center, or home of that type, the county in which it is	2969
located, its address and telephone number, and the name of an	2970
administrative officer or employee of the agency, center, or home.	2971
The department of education shall compile, maintain, and update in	2972
January and July of each year, a list of all boards of education,	2973
schools, or programs of a type described in division (A)(3), (4),	2974
or (5) of this section that contains the name of each board of	2975
education, school, or program of that type, the county in which it	2976
is located, its address and telephone number, the name of the	2977
superintendent of the board or of an administrative officer or	2978
employee of the school or program, and, in relation to a board of	2979
education, the county or counties in which each of its schools is	2980
located and the address of each such school. The Ohio board of	2981
regents shall compile, maintain, and update in January and July of	2982
each year, a list of all institutions of a type described in	2983
division (A)(7) of this section that contains the name of each	2984
such institution, the county in which it is located, its address	2985
and telephone number, and the name of its president or other chief	2986
administrative officer. A sheriff required by division (A) or (C)	2987
of this section, or authorized by division (D)(2) of this section,	2988
to provide notices regarding an offender or delinquent child, or a	2989
designee of a sheriff of that type, may request the department of	2990
job and family services, department of education, or Ohio board of	2991
regents, by telephone, in person, or by mail, to provide the	2992
sheriff or designee with the names, addresses, and telephone	2993
numbers of the appropriate persons and entities to whom the	2994
notices described in divisions (A)(2) to (7) of this section are	2995
to be provided. Upon receipt of a request, the department or	2996
board shall provide the requesting sheriff or designee with the	2997
names, addresses, and telephone numbers of the appropriate persons	2998
and entities to whom those notices are to be provided.	2999

Sec. 2950.13.  (A) The attorney general shall do all of the	3000
following:	3001

(1) No later than July 1, 1997, establish and maintain a	3002
state registry of sex offenders that is housed at the bureau of	3003
criminal identification and investigation and that contains all of	3004
the registration, change of residence address, and verification	3005
information the bureau receives pursuant to sections 2950.04,	3006
2950.05, and 2950.06 of the Revised Code regarding a person who is	3007
convicted of or pleads guilty to, or has been convicted of or	3008
pleaded guilty to, a sexually oriented offense or a person who is	3009
adjudicated a delinquent child for committing a sexually oriented	3010
offense and is classified a juvenile sex offender registrant or is	3011
an out-of-state juvenile sex offender registrant based on that	3012
adjudication, and all of the information the bureau receives	3013
pursuant to section 2950.14 of the Revised Code;	3014

(2) In consultation with local law enforcement	3015
representatives and no later than July 1, 1997, adopt rules that	3016
contain guidelines necessary for the implementation of this	3017
chapter;	3018

(3) In consultation with local law enforcement	3019
representatives and no later than July 1, 1997, adopt rules for	3020
the implementation and administration of the provisions contained	3021
in section 2950.11 of the Revised Code that pertain to the	3022
notification of neighbors of an offender or a delinquent child	3023
who has committed a sexually oriented offense and has been	3024
adjudicated as being a sexual predator or determined to be a	3025
habitual sex offender or who has committed on or after the	3026
effective date of this amendment an aggravated sexually oriented	3027
offense, and rules that prescribe a manner in which victims of a	3028
sexually oriented offense committed by an offender or a	3029
delinquent child who has been adjudicated as being a sexual	3030
predator or determined to be a habitual sex offender or who has	3031
committed on or after the effective date of this amendment an	3032
aggravated sexually oriented offense may make a request that	3033
specifies that the victim would like to be provided the notices	3034
described in divisions (A)(1) and (2) of section 2950.10 of the	3035
Revised Code;	3036

(4) In consultation with local law enforcement	3037
representatives and through the bureau of criminal identification	3038
and investigation, prescribe the forms to be used by judges and	3039
officials pursuant to section 2950.03 of the Revised Code to	3040
advise offenders and delinquent children of their duties of	3041
registration, notification of a change of residence address and	3042
registration of the new residence address, and residence address	3043
verification under sections 2950.04, 2950.05, and 2950.06 of the	3044
Revised Code, and prescribe the forms to be used by sheriffs	3045
relative to those duties of registration, change of residence	3046
address notification, and residence address verification;	3047

(5) Make copies of the forms prescribed under division	3048
(A)(4) of this section available to judges, officials, and	3049
sheriffs;	3050

(6) Through the bureau of criminal identification and	3051
investigation, provide the notifications, the information, and the	3052
documents that the bureau is required to provide to appropriate	3053
law enforcement officials and to the federal bureau of	3054
investigation pursuant to sections 2950.04, 2950.05, and 2950.06	3055
of the Revised Code;	3056

(7) Through the bureau of criminal identification and	3057
investigation, maintain the verification forms returned under the	3058
residence address verification mechanism set forth in section	3059
2950.06 of the Revised Code;	3060

(8) In consultation with representatives of the officials,	3061
judges, and sheriffs, adopt procedures for officials, judges, and	3062
sheriffs to use to forward information, photographs, and	3063
fingerprints to the bureau of criminal identification and	3064
investigation pursuant to the requirements of sections 2950.03,	3065
2950.04, 2950.05, and 2950.06 of the Revised Code;	3066

(9) In consultation with the director of education, the	3067
director of job and family services, and the director of	3068
rehabilitation and correction and no later than July 1, 1997,	3069
adopt rules that contain guidelines to be followed by boards of	3070
education of a school district, chartered nonpublic schools or	3071
other schools not operated by a board of education, preschool	3072
programs, child day-care centers, type A family day-care homes,	3073
certified type B family day-care homes, and institutions of higher	3074
education regarding the proper use and administration of	3075
information received pursuant to section 2950.11 of the Revised	3076
Code relative to an offender or delinquent child who has been	3077
adjudicated as being a sexual predator or determined to be a	3078
habitual sex offender;	3079

(10) In consultation with local law enforcement	3080
representatives and no later than July 1, 1997, adopt rules that	3081
designate a geographic area or areas within which the notice	3082
described in division (B) of section 2950.11 of the Revised Code	3083
must be given to the persons identified in divisions (A)(2) to (8)	3084
of that section.	3085

(B) The attorney general, in consultation with local law	3086
enforcement representatives, may adopt rules that establish one or	3087
more categories of neighbors of an offender or delinquent child	3088
who, in addition to the occupants of residences adjacent to an	3089
offender's or delinquent child's place of residence, must be given	3090
the notice described in division (B) of section 2950.11 of the	3091
Revised Code.	3092

(C) As used in this section, "local law enforcement	3093
representatives" means representatives of the sheriffs of this	3094
state, representatives of the municipal chiefs of police and	3095
marshals of this state, and representatives of the township	3096
constables and chiefs of police of the township police departments	3097
or police district police forces of this state.	3098

Sec. 2967.13.  (A) Except as provided in division (G) of	3099
this section, a prisoner serving a sentence of imprisonment for	3100
life for an offense committed on or after July 1, 1996, is not	3101
entitled to any earned credit under section 2967.193 of the	3102
Revised Code and becomes eligible for parole as follows:	3103

(1) If a sentence of imprisonment for life was imposed for	3104
the offense of murder, at the expiration of the prisoner's minimum	3105
term;	3106

(2) If a sentence of imprisonment for life with parole	3107
eligibility after serving twenty years of imprisonment was imposed	3108
pursuant to section 2929.022 or 2929.03 of the Revised Code, after	3109
serving a term of twenty years;	3110

(3) If a sentence of imprisonment for life with parole	3111
eligibility after serving twenty-five full years of imprisonment	3112
was imposed pursuant to section 2929.022 or 2929.03 of the Revised	3113
Code, after serving a term of twenty-five full years;	3114

(4) If a sentence of imprisonment for life with parole	3115
eligibility after serving thirty full years of imprisonment was	3116
imposed pursuant to section 2929.022 or 2929.03 of the Revised	3117
Code, after serving a term of thirty full years;	3118

(5) If a sentence of imprisonment for life was imposed for	3119
rape, after serving a term of ten full years' imprisonment;	3120

(6) If a sentence of imprisonment for life with parole	3121
eligibility after serving fifteen years of imprisonment was	3122
imposed for a violation of section 2927.24 of the Revised Code,	3123
after serving a term of fifteen years.	3124

(B) Except as provided in division (G) of this section, a	3125
prisoner serving a sentence of imprisonment for life with parole	3126
eligibility after serving twenty years of imprisonment or a	3127
sentence of imprisonment for life with parole eligibility after	3128
serving twenty-five full years or thirty full years of	3129
imprisonment imposed pursuant to section 2929.022 or 2929.03 of	3130
the Revised Code for an offense committed on or after July 1,	3131
1996, consecutively to any other term of imprisonment, becomes	3132
eligible for parole after serving twenty years, twenty full years,	3133
or thirty full years, as applicable, as to each such sentence of	3134
life imprisonment, which shall not be reduced for earned credits	3135
under section 2967.193 of the Revised Code, plus the term or terms	3136
of the other sentences consecutively imposed or, if one of the	3137
other sentences is another type of life sentence with parole	3138
eligibility, the number of years before parole eligibility for	3139
that sentence.	3140

(C) Except as provided in division (G) of this section, a	3141
prisoner serving consecutively two or more sentences in which an	3142
indefinite term of imprisonment is imposed becomes eligible for	3143
parole upon the expiration of the aggregate of the minimum terms	3144
of the sentences.	3145

(D) Except as provided in division (G) of this section, a	3146
prisoner serving a term of imprisonment who is described in	3147
division (A) of section 2967.021 of the Revised Code becomes	3148
eligible for parole as described in that division or, if the	3149
prisoner is serving a definite term of imprisonment, shall be	3150
released as described in that division.	3151

(E) A prisoner serving a sentence of life imprisonment	3152
without parole imposed pursuant to section 2907.02 or section	3153
2929.03 or 2929.06 of the Revised Code is not eligible for parole	3154
and shall be imprisoned until death.	3155

(F) A prisoner serving a stated prison term shall be	3156
released in accordance with section 2967.28 of the Revised Code.	3157

(G) A prisoner serving a prison term or term of life	3158
imprisonment without parole imposed pursuant to section 2971.03 of	3159
the Revised Code never becomes eligible for parole during that	3160
term of imprisonment.	3161

Section 2. That existing sections 2907.02, 2929.13, 2929.14,	3162
2929.19, 2950.01, 2950.03, 2950.04, 2950.06, 2950.07, 2950.09,	3163
2950.10, 2950.11, 2950.13, and 2967.13 of the Revised Code are	3164
hereby repealed.	3165

Section 3. Section 2929.13 of the Revised Code is presented	3166
in this act as a composite of the section as amended by Am. H.B.	3167
528, Am. Sub. S.B. 22, Am. Sub. S.B. 107, Am. S.B. 142, and Am.	3168
Sub. S.B. 222 of the 123rd General Assembly. Sections 2950.01,	3169
2950.04, and 2950.09 of the Revised Code are presented in this act	3170
as composites of the sections as amended by both Sub. H.B. 393	3171
and Am. Sub. S.B. 175 of the 124th General Assembly. The General	3172
Assembly, applying the principle stated in division (B) of section	3173
1.52 of the Revised Code that amendments are to be harmonized if	3174
reasonably capable of simultaneous operation, finds that the	3175
composites are the resulting versions of the sections in effect	3176
prior to the effective date of the section as presented in this	3177
act.	3178

Section 4. Section 2929.19 of the Revised Code is amended by	3179
this act and also by Am. Sub. H.B. 327 of the 124th General	3180
Assembly, effective July 8, 2002. The amendments of Am. Sub. H.B.	3181
327 are included in this act to confirm the intention to retain	3182
them but are not intended to be effective until July 8, 2002.	3183

Section 5. Sections 2950.01, 2950.04, and 2950.09 of the	3184
Revised Code are amended by this act and also by Sub. H.B. 393 of	3185
the 124th General Assembly, effective July 5, 2002. The amendments	3186
of Sub. H.B. 393 are included in this act to confirm the intention	3187
to retain them but are not intended to be effective until July 5,	3188
2002.	3189

Section 6. This act is hereby declared to be an emergency	3190
measure necessary for the immediate preservation of the public	3191
peace, health, and safety. The reason for such necessity is that	3192
this act's elimination of the need to prove force or a threat of	3193
force in cases involving the rape of a child under the age of ten	3194
is needed at the earliest possible date to prevent sex offenders	3195
from preying on the children of Ohio. Therefore, this act shall	3196
go into immediate effect.	3197