SENATORS Oelslager, Amstutz, Austria

To amend sections 2301.03, 2907.01, and 2907.35 of the

1

Revised Code to expand the definition of "material"

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in the Sex Offense Laws to include any image

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appearing on a computer monitor or similar display

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device or recorded on a computer disk, magnetic

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tape, or similar data storage device, to create

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exemptions and an affirmative defense to certain

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offenses under those laws, and to create an

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additional term for the drug court judge of the

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Hamilton County Court of Common Pleas.

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

Section 1.  That sections 2301.03, 2907.01, and 2907.35 of	11
the Revised Code be amended to read as follows:	12

Sec. 2301.03.  (A) In Franklin county, the judges of the	13
court of common pleas whose terms begin on January 1, 1953,	14
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	15
1997, and successors, shall have the same qualifications, exercise	16
the same powers and jurisdiction, and receive the same	17
compensation as other judges of the court of common pleas of	18
Franklin county and shall be elected and designated as judges of	19
the court of common pleas, division of domestic relations. They	20
shall have all the powers relating to juvenile courts, and all	21
cases under Chapters 2151. and 2152. of the Revised Code, all	22
parentage proceedings under Chapter 3111. of the Revised Code over	23
which the juvenile court has jurisdiction, and all divorce,	24
dissolution of marriage, legal separation, and annulment cases	25
shall be assigned to them. In addition to the judge's regular	26
duties, the judge who is senior in point of service shall serve on	27
the children services board and the county advisory board and	28
shall be the administrator of the domestic relations division and	29
its subdivisions and departments.	30

(B) In Hamilton county:

31

(1) The judge of the court of common pleas, whose term	32
begins on January 1, 1957, and successors, and the judge of the	33
court of common pleas, whose term begins on February 14, 1967, and	34
successors, shall be the juvenile judges as provided in Chapters	35
2151. and 2152. of the Revised Code, with the powers and	36
jurisdiction conferred by those chapters.	37

(2) The judges of the court of common pleas whose terms	38
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	39
successors, shall be elected and designated as judges of the court	40
of common pleas, division of domestic relations, and shall have	41
assigned to them all divorce, dissolution of marriage, legal	42
separation, and annulment cases coming before the court. On or	43
after the first day of July and before the first day of August of	44
1991 and each year thereafter, a majority of the judges of the	45
division of domestic relations shall elect one of the judges of	46
the division as administrative judge of that division. If a	47
majority of the judges of the division of domestic relations are	48
unable for any reason to elect an administrative judge for the	49
division before the first day of August, a majority of the judges	50
of the Hamilton county court of common pleas, as soon as possible	51
after that date, shall elect one of the judges of the division of	52
domestic relations as administrative judge of that division. The	53
term of the administrative judge shall begin on the earlier of the	54
first day of August of the year in which the administrative judge	55
is elected or the date on which the administrative judge is	56
elected by a majority of the judges of the Hamilton county court	57
of common pleas and shall terminate on the date on which the	58
administrative judge's successor is elected in the following year.	59

In addition to the judge's regular duties, the administrative	60
judge of the division of domestic relations shall be the	61
administrator of the domestic relations division and its	62
subdivisions and departments and shall have charge of the	63
employment, assignment, and supervision of the personnel of the	64
division engaged in handling, servicing, or investigating divorce,	65
dissolution of marriage, legal separation, and annulment cases,	66
including any referees considered necessary by the judges in the	67
discharge of their various duties.	68

The administrative judge of the division of domestic	69
relations also shall designate the title, compensation, expense	70
allowances, hours, leaves of absence, and vacations of the	71
personnel of the division, and shall fix the duties of its	72
personnel. The duties of the personnel, in addition to those	73
provided for in other sections of the Revised Code, shall include	74
the handling, servicing, and investigation of divorce, dissolution	75
of marriage, legal separation, and annulment cases and counseling	76
and conciliation services that may be made available to persons	77
requesting them, whether or not the persons are parties to an	78
action pending in the division.	79

The board of county commissioners shall appropriate the sum	80
of money each year as will meet all the administrative expenses of	81
the division of domestic relations, including reasonable expenses	82
of the domestic relations judges and the division counselors and	83
other employees designated to conduct the handling, servicing, and	84
investigation of divorce, dissolution of marriage, legal	85
separation, and annulment cases, conciliation and counseling, and	86
all matters relating to those cases and counseling, and the	87
expenses involved in the attendance of division personnel at	88
domestic relations and welfare conferences designated by the	89
division, and the further sum each year as will provide for the	90
adequate operation of the division of domestic relations.	91

The compensation and expenses of all employees and the salary	92
and expenses of the judges shall be paid by the county treasurer	93
from the money appropriated for the operation of the division,	94
upon the warrant of the county auditor, certified to by the	95
administrative judge of the division of domestic relations.	96

The summonses, warrants, citations, subpoenas, and other	97
writs of the division may issue to a bailiff, constable, or staff	98
investigator of the division or to the sheriff of any county or	99
any marshal, constable, or police officer, and the provisions of	100
law relating to the subpoenaing of witnesses in other cases shall	101
apply insofar as they are applicable. When a summons, warrant,	102
citation, subpoena, or other writ is issued to an officer, other	103
than a bailiff, constable, or staff investigator of the division,	104
the expense of serving it shall be assessed as a part of the costs	105
in the case involved.	106

(3) The judge of the court of common pleas of Hamilton	107
county whose term begins on January 3, 1997, and the successor to	108
that judge whose term begins on January 3, 2003, shall each be	109
elected and designated for one term only as the drug court judge	110
of the court of common pleas of Hamilton county, and the. The	111
successors to thatthe judge whose term begins on January 3, 2003,	112
shall be elected and designated as judges of the general division	113
of the court of common pleas of Hamilton county and shall not have	114
the authority granted by division (B)(3) of this section. The drug	115
court judge may accept or reject any case referred to the drug	116
court judge under division (B)(3) of this section. After the drug	117
court judge accepts a referred case, the drug court judge has full	118
authority over the case, including the authority to conduct	119
arraignment, accept pleas, enter findings and dispositions,	120
conduct trials, order treatment, and if treatment is not	121
successfully completed pronounce and enter sentence.	122

A judge of the general division of the court of common pleas	123
of Hamilton county and a judge of the Hamilton county municipal	124
court may refer to the drug court judge any case, and any	125
companion cases, the judge determines meet the criteria described	126
under divisions (B)(3)(a) and (b) of this section. If the drug	127
court judge accepts referral of a referred case, the case, and any	128
companion cases, shall be transferred to the drug court judge. A	129
judge may refer a case meeting the criteria described in divisions	130
(B)(3)(a) and (b) of this section that involves a violation of a	131
term of probation to the drug court judge, and, if the drug court	132
judge accepts the referral, the referring judge and the drug court	133
judge have concurrent jurisdiction over the case.	134

A judge of the general division of the court of common pleas	135
of Hamilton county and a judge of the Hamilton county municipal	136
court may refer a case to the drug court judge under division	137
(B)(3) of this section if the judge determines that both of the	138
following apply:	139

(a) One of the following applies:

140

(i) The case involves a drug abuse offense, as defined in	141
section 2925.01 of the Revised Code, that is a felony of the third	142
or fourth degree if the offense is committed prior to July 1,	143
1996, a felony of the third, fourth, or fifth degree if the	144
offense is committed on or after July 1, 1996, or a misdemeanor.	145

(ii) The case involves a theft offense, as defined in	146
section 2913.01 of the Revised Code, that is a felony of the third	147
or fourth degree if the offense is committed prior to July 1,	148
1996, a felony of the third, fourth, or fifth degree if the	149
offense is committed on or after July 1, 1996, or a misdemeanor,	150
and the defendant is drug or alcohol dependent or in danger of	151
becoming drug or alcohol dependent and would benefit from	152
treatment.	153

(b) All of the following apply:

154

(i) The case involves a probationable offense or a case in	155
which a mandatory prison term is not required to be imposed.	156

(ii) The defendant has no history of violent behavior.

157

(iii) The defendant has no history of mental illness.

158

(iv) The defendant's current or past behavior, or both, is	159
drug or alcohol driven.	160

(v) The defendant demonstrates a sincere willingness to	161
participate in a fifteen-month treatment process.	162

(vi) The defendant has no acute health condition.

163

(vii) If the defendant is incarcerated, the county	164
prosecutor approves of the referral.	165

(4) If the administrative judge of the court of common pleas	166
of Hamilton county determines that the volume of cases pending	167
before the drug court judge does not constitute a sufficient	168
caseload for the drug court judge, the administrative judge, in	169
accordance with the Rules of Superintendence for Courts of Common	170
Pleas, shall assign individual cases to the drug court judge from	171
the general docket of the court. If the assignments so occur, the	172
administrative judge shall cease the assignments when the	173
administrative judge determines that the volume of cases pending	174
before the drug court judge constitutes a sufficient caseload for	175
the drug court judge.	176

(C) In Lorain county, the judges of the court of common	177
pleas whose terms begin on January 3, 1959, January 4, 1989, and	178
January 2, 1999, and successors, shall have the same	179
qualifications, exercise the same powers and jurisdiction, and	180
receive the same compensation as the other judges of the court of	181
common pleas of Lorain county and shall be elected and designated	182
as the judges of the court of common pleas, division of domestic	183
relations. They shall have all of the powers relating to juvenile	184
courts, and all cases under Chapters 2151. and 2152. of the	185
Revised Code, all parentage proceedings over which the juvenile	186
court has jurisdiction, and all divorce, dissolution of marriage,	187
legal separation, and annulment cases shall be assigned to them,	188
except cases that for some special reason are assigned to some	189
other judge of the court of common pleas.	190

(D) In Lucas county:

191

(1) The judges of the court of common pleas whose terms	192
begin on January 1, 1955, and January 3, 1965, and successors,	193
shall have the same qualifications, exercise the same powers and	194
jurisdiction, and receive the same compensation as other judges of	195
the court of common pleas of Lucas county and shall be elected and	196
designated as judges of the court of common pleas, division of	197
domestic relations. All divorce, dissolution of marriage, legal	198
separation, and annulment cases shall be assigned to them.	199

The judge of the division of domestic relations, senior in	200
point of service, shall be considered as the presiding judge of	201
the court of common pleas, division of domestic relations, and	202
shall be charged exclusively with the assignment and division of	203
the work of the division and the employment and supervision of all	204
other personnel of the domestic relations division.	205

(2) The judges of the court of common pleas whose terms	206
begin on January 5, 1977, and January 2, 1991, and successors	207
shall have the same qualifications, exercise the same powers and	208
jurisdiction, and receive the same compensation as other judges of	209
the court of common pleas of Lucas county, shall be elected and	210
designated as judges of the court of common pleas, juvenile	211
division, and shall be the juvenile judges as provided in	212
Chapters 2151. and 2152. of the Revised Code with the powers and	213
jurisdictions conferred by those chapters. In addition to the	214
judge's regular duties, the judge of the court of common pleas,	215
juvenile division, senior in point of service, shall be the	216
administrator of the juvenile division and its subdivisions and	217
departments and shall have charge of the employment, assignment,	218
and supervision of the personnel of the division engaged in	219
handling, servicing, or investigating juvenile cases, including	220
any referees considered necessary by the judges of the division in	221
the discharge of their various duties.	222

The judge of the court of common pleas, juvenile division,	223
senior in point of service, also shall designate the title,	224
compensation, expense allowance, hours, leaves of absence, and	225
vacation of the personnel of the division and shall fix the duties	226
of the personnel of the division. The duties of the personnel, in	227
addition to other statutory duties include the handling,	228
servicing, and investigation of juvenile cases and counseling and	229
conciliation services that may be made available to persons	230
requesting them, whether or not the persons are parties to an	231
action pending in the division.	232

(3) If one of the judges of the court of common pleas,	233
division of domestic relations, or one of the judges of the	234
juvenile division is sick, absent, or unable to perform that	235
judge's judicial duties or the volume of cases pending in that	236
judge's division necessitates it, the duties shall be performed by	237
the judges of the other of those divisions.	238

(E) In Mahoning county:

239

(1) The judge of the court of common pleas whose term began	240
on January 1, 1955, and successors, shall have the same	241
qualifications, exercise the same powers and jurisdiction, and	242
receive the same compensation as other judges of the court of	243
common pleas of Mahoning county, shall be elected and designated	244
as judge of the court of common pleas, division of domestic	245
relations, and shall be assigned all the divorce, dissolution of	246
marriage, legal separation, and annulment cases coming before the	247
court. In addition to the judge's regular duties, the judge of	248
the court of common pleas, division of domestic relations, shall	249
be the administrator of the domestic relations division and its	250
subdivisions and departments and shall have charge of the	251
employment, assignment, and supervision of the personnel of the	252
division engaged in handling, servicing, or investigating divorce,	253
dissolution of marriage, legal separation, and annulment cases,	254
including any referees considered necessary in the discharge of	255
the various duties of the judge's office.	256

The judge also shall designate the title, compensation,	257
expense allowances, hours, leaves of absence, and vacations of the	258
personnel of the division and shall fix the duties of the	259
personnel of the division. The duties of the personnel, in	260
addition to other statutory duties, include the handling,	261
servicing, and investigation of divorce, dissolution of marriage,	262
legal separation, and annulment cases and counseling and	263
conciliation services that may be made available to persons	264
requesting them, whether or not the persons are parties to an	265
action pending in the division.	266

(2) The judge of the court of common pleas whose term began	267
on January 2, 1969, and successors, shall have the same	268
qualifications, exercise the same powers and jurisdiction, and	269
receive the same compensation as other judges of the court of	270
common pleas of Mahoning county, shall be elected and designated	271
as judge of the court of common pleas, juvenile division, and	272
shall be the juvenile judge as provided in Chapters 2151. and	273
2152. of the Revised Code, with the powers and jurisdictions	274
conferred by those chapters. In addition to the judge's regular	275
duties, the judge of the court of common pleas, juvenile division,	276
shall be the administrator of the juvenile division and its	277
subdivisions and departments and shall have charge of the	278
employment, assignment, and supervision of the personnel of the	279
division engaged in handling, servicing, or investigating juvenile	280
cases, including any referees considered necessary by the judge in	281
the discharge of the judge's various duties.	282

The judge also shall designate the title, compensation,	283
expense allowances, hours, leaves of absence, and vacation of the	284
personnel of the division and shall fix the duties of the	285
personnel of the division. The duties of the personnel, in	286
addition to other statutory duties, include the handling,	287
servicing, and investigation of juvenile cases and counseling and	288
conciliation services that may be made available to persons	289
requesting them, whether or not the persons are parties to an	290
action pending in the division.	291

(3) If a judge of the court of common pleas, division of	292
domestic relations or juvenile division, is sick, absent, or	293
unable to perform that judge's judicial duties, or the volume of	294
cases pending in that judge's division necessitates it, that	295
judge's duties shall be performed by another judge of the court of	296
common pleas.	297

(F) In Montgomery county:

298

(1) The judges of the court of common pleas whose terms	299
begin on January 2, 1953, and January 4, 1977, and successors,	300
shall have the same qualifications, exercise the same powers and	301
jurisdiction, and receive the same compensation as other judges of	302
the court of common pleas of Montgomery county and shall be	303
elected and designated as judges of the court of common pleas,	304
division of domestic relations. These judges shall have assigned	305
to them all divorce, dissolution of marriage, legal separation,	306
and annulment cases.	307

The judge of the division of domestic relations, senior in	308
point of service, shall be charged exclusively with the assignment	309
and division of the work of the division and shall have charge of	310
the employment and supervision of the personnel of the division	311
engaged in handling, servicing, or investigating divorce,	312
dissolution of marriage, legal separation, and annulment cases,	313
including any necessary referees, except those employees who may	314
be appointed by the judge, junior in point of service, under this	315
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	316
Code. The judge of the division of domestic relations, senior in	317
point of service, also shall designate the title, compensation,	318
expense allowances, hours, leaves of absence, and vacation of the	319
personnel of the division and shall fix their duties.	320

(2) The judges of the court of common pleas whose terms	321
begin on January 1, 1953, and January 1, 1993, and successors,	322
shall have the same qualifications, exercise the same powers and	323
jurisdiction, and receive the same compensation as other judges of	324
the court of common pleas of Montgomery county, shall be elected	325
and designated as judges of the court of common pleas, juvenile	326
division, and shall be, and have the powers and jurisdiction of,	327
the juvenile judge as provided in Chapters 2151. and 2152. of the	328
Revised Code.	329

In addition to the judge's regular duties, the judge of the	330
court of common pleas, juvenile division, senior in point of	331
service, shall be the administrator of the juvenile division and	332
its subdivisions and departments and shall have charge of the	333
employment, assignment, and supervision of the personnel of the	334
juvenile division, including any necessary referees, who are	335
engaged in handling, servicing, or investigating juvenile cases.	336
The judge, senior in point of service, also shall designate the	337
title, compensation, expense allowances, hours, leaves of absence,	338
and vacation of the personnel of the division and shall fix their	339
duties. The duties of the personnel, in addition to other	340
statutory duties, shall include the handling, servicing, and	341
investigation of juvenile cases and of any counseling and	342
conciliation services that are available upon request to persons,	343
whether or not they are parties to an action pending in the	344
division.	345

If one of the judges of the court of common pleas, division	346
of domestic relations, or one of the judges of the court of common	347
pleas, juvenile division, is sick, absent, or unable to perform	348
that judge's duties or the volume of cases pending in that judge's	349
division necessitates it, the duties of that judge may be	350
performed by the judge or judges of the other of those divisions.	351

(G) In Richland county, the judge of the court of common	352
pleas whose term begins on January 1, 1957, and successors, shall	353
have the same qualifications, exercise the same powers and	354
jurisdiction, and receive the same compensation as the other	355
judges of the court of common pleas of Richland county and shall	356
be elected and designated as judge of the court of common pleas,	357
division of domestic relations. That judge shall have all of the	358
powers relating to juvenile courts, and all cases under Chapters	359
2151. and 2152. of the Revised Code, all parentage proceedings	360
over which the juvenile court has jurisdiction, and all divorce,	361
dissolution of marriage, legal separation, and annulment cases	362
shall be assigned to that judge, except in cases that for some	363
special reason are assigned to some other judge of the court of	364
common pleas.	365

(H) In Stark county, the judges of the court of common pleas	366
whose terms begin on January 1, 1953, January 2, 1959, and January	367
1, 1993, and successors, shall have the same qualifications,	368
exercise the same powers and jurisdiction, and receive the same	369
compensation as other judges of the court of common pleas of Stark	370
county and shall be elected and designated as judges of the court	371
of common pleas, division of domestic relations. They shall have	372
all the powers relating to juvenile courts, and all cases under	373
Chapters 2151. and 2152. of the Revised Code, all parentage	374
proceedings over which the juvenile court has jurisdiction, and	375
all divorce, dissolution of marriage, legal separation, and	376
annulment cases, except cases that are assigned to some other	377
judge of the court of common pleas for some special reason, shall	378
be assigned to the judges.	379

The judge of the division of domestic relations, second most	380
senior in point of service, shall have charge of the employment	381
and supervision of the personnel of the division engaged in	382
handling, servicing, or investigating divorce, dissolution of	383
marriage, legal separation, and annulment cases, and necessary	384
referees required for the judge's respective court.	385

The judge of the division of domestic relations, senior in	386
point of service, shall be charged exclusively with the	387
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	388
of the Revised Code and with the assignment and division of the	389
work of the division and the employment and supervision of all	390
other personnel of the division, including, but not limited to,	391
that judge's necessary referees, but excepting those employees who	392
may be appointed by the judge second most senior in point of	393
service. The senior judge further shall serve in every other	394
position in which the statutes permit or require a juvenile judge	395
to serve.	396

(I) In Summit county:

397

(1) The judges of the court of common pleas whose terms	398
begin on January 4, 1967, and January 6, 1993, and successors,	399
shall have the same qualifications, exercise the same powers and	400
jurisdiction, and receive the same compensation as other judges of	401
the court of common pleas of Summit county and shall be elected	402
and designated as judges of the court of common pleas, division of	403
domestic relations. The judges of the division of domestic	404
relations shall have assigned to them and hear all divorce,	405
dissolution of marriage, legal separation, and annulment cases	406
that come before the court. Except in cases that are subject to	407
the exclusive original jurisdiction of the juvenile court, the	408
judges of the division of domestic relations shall have assigned	409
to them and hear all cases pertaining to paternity, custody,	410
visitation, child support, or the allocation of parental rights	411
and responsibilities for the care of children and all post-decree	412
proceedings arising from any case pertaining to any of those	413
matters. The judges of the division of domestic relations shall	414
have assigned to them and hear all proceedings under the uniform	415
interstate family support act contained in Chapter 3115. of the	416
Revised Code.	417

The judge of the division of domestic relations, senior in	418
point of service, shall be the administrator of the domestic	419
relations division and its subdivisions and departments and shall	420
have charge of the employment, assignment, and supervision of the	421
personnel of the division, including any necessary referees, who	422
are engaged in handling, servicing, or investigating divorce,	423
dissolution of marriage, legal separation, and annulment cases.	424
That judge also shall designate the title, compensation, expense	425
allowances, hours, leaves of absence, and vacations of the	426
personnel of the division and shall fix their duties. The duties	427
of the personnel, in addition to other statutory duties, shall	428
include the handling, servicing, and investigation of divorce,	429
dissolution of marriage, legal separation, and annulment cases and	430
of any counseling and conciliation services that are available	431
upon request to all persons, whether or not they are parties to an	432
action pending in the division.	433

(2) The judge of the court of common pleas whose term begins	434
on January 1, 1955, and successors, shall have the same	435
qualifications, exercise the same powers and jurisdiction, and	436
receive the same compensation as other judges of the court of	437
common pleas of Summit county, shall be elected and designated as	438
judge of the court of common pleas, juvenile division, and shall	439
be, and have the powers and jurisdiction of, the juvenile judge as	440
provided in Chapters 2151. and 2152. of the Revised Code. Except	441
in cases that are subject to the exclusive original jurisdiction	442
of the juvenile court, the judge of the juvenile division shall	443
not have jurisdiction or the power to hear, and shall not be	444
assigned, any case pertaining to paternity, custody, visitation,	445
child support, or the allocation of parental rights and	446
responsibilities for the care of children or any post-decree	447
proceeding arising from any case pertaining to any of those	448
matters. The judge of the juvenile division shall not have	449
jurisdiction or the power to hear, and shall not be assigned, any	450
proceeding under the uniform interstate family support act	451
contained in Chapter 3115. of the Revised Code.	452

The juvenile judge shall be the administrator of the juvenile	453
division and its subdivisions and departments and shall have	454
charge of the employment, assignment, and supervision of the	455
personnel of the juvenile division, including any necessary	456
referees, who are engaged in handling, servicing, or investigating	457
juvenile cases. The judge also shall designate the title,	458
compensation, expense allowances, hours, leaves of absence, and	459
vacation of the personnel of the division and shall fix their	460
duties. The duties of the personnel, in addition to other	461
statutory duties, shall include the handling, servicing, and	462
investigation of juvenile cases and of any counseling and	463
conciliation services that are available upon request to persons,	464
whether or not they are parties to an action pending in the	465
division.	466

(J) In Trumbull county, the judges of the court of common	467
pleas whose terms begin on January 1, 1953, and January 2, 1977,	468
and successors, shall have the same qualifications, exercise the	469
same powers and jurisdiction, and receive the same compensation as	470
other judges of the court of common pleas of Trumbull county and	471
shall be elected and designated as judges of the court of common	472
pleas, division of domestic relations. They shall have all the	473
powers relating to juvenile courts, and all cases under Chapters	474
2151. and 2152. of the Revised Code, all parentage proceedings	475
over which the juvenile court has jurisdiction, and all divorce,	476
dissolution of marriage, legal separation, and annulment cases	477
shall be assigned to them, except cases that for some special	478
reason are assigned to some other judge of the court of common	479
pleas.	480

(K) In Butler county:

481

(1) The judges of the court of common pleas whose terms	482
begin on January 1, 1957, and January 4, 1993, and successors,	483
shall have the same qualifications, exercise the same powers and	484
jurisdiction, and receive the same compensation as other judges of	485
the court of common pleas of Butler county and shall be elected	486
and designated as judges of the court of common pleas, division of	487
domestic relations. The judges of the division of domestic	488
relations shall have assigned to them all divorce, dissolution of	489
marriage, legal separation, and annulment cases coming before the	490
court, except in cases that for some special reason are assigned	491
to some other judge of the court of common pleas. The judge	492
senior in point of service shall be charged with the assignment	493
and division of the work of the division and with the employment	494
and supervision of all other personnel of the domestic relations	495
division.	496

The judge senior in point of service also shall designate the	497
title, compensation, expense allowances, hours, leaves of absence,	498
and vacations of the personnel of the division and shall fix their	499
duties. The duties of the personnel, in addition to other	500
statutory duties, shall include the handling, servicing, and	501
investigation of divorce, dissolution of marriage, legal	502
separation, and annulment cases and providing any counseling and	503
conciliation services that the division makes available to	504
persons, whether or not the persons are parties to an action	505
pending in the division, who request the services.	506

(2) The judges of the court of common pleas whose terms	507
begin on January 3, 1987, and January 2, 2003, and successors,	508
shall have the same qualifications, exercise the same powers and	509
jurisdiction, and receive the same compensation as other judges of	510
the court of common pleas of Butler county, shall be elected and	511
designated as judges of the court of common pleas, juvenile	512
division, and shall be the juvenile judges as provided in	513
Chapters 2151. and 2152. of the Revised Code, with the powers and	514
jurisdictions conferred by those chapters. The judge of the court	515
of common pleas, juvenile division, who is senior in point of	516
service, shall be the administrator of the juvenile division and	517
its subdivisions and departments. The judge, senior in point of	518
service, shall have charge of the employment, assignment, and	519
supervision of the personnel of the juvenile division who are	520
engaged in handling, servicing, or investigating juvenile cases,	521
including any referees whom the judge considers necessary for the	522
discharge of the judge's various duties.	523

The judge, senior in point of service, also shall designate	524
the title, compensation, expense allowances, hours, leaves of	525
absence, and vacation of the personnel of the division and shall	526
fix their duties. The duties of the personnel, in addition to	527
other statutory duties, include the handling, servicing, and	528
investigation of juvenile cases and providing any counseling and	529
conciliation services that the division makes available to	530
persons, whether or not the persons are parties to an action	531
pending in the division, who request the services.	532

(3) If a judge of the court of common pleas, division of	533
domestic relations or juvenile division, is sick, absent, or	534
unable to perform that judge's judicial duties or the volume of	535
cases pending in the judge's division necessitates it, the duties	536
of that judge shall be performed by the other judges of the	537
domestic relations and juvenile divisions.	538

(L)(1) In Cuyahoga county, the judges of the court of common	539
pleas whose terms begin on January 8, 1961, January 9, 1961,	540
January 18, 1975, January 19, 1975, and January 13, 1987, and	541
successors, shall have the same qualifications, exercise the same	542
powers and jurisdiction, and receive the same compensation as	543
other judges of the court of common pleas of Cuyahoga county and	544
shall be elected and designated as judges of the court of common	545
pleas, division of domestic relations. They shall have all the	546
powers relating to all divorce, dissolution of marriage, legal	547
separation, and annulment cases, except in cases that are assigned	548
to some other judge of the court of common pleas for some special	549
reason.	550

(2) The administrative judge is administrator of the	551
domestic relations division and its subdivisions and departments	552
and has the following powers concerning division personnel:	553

(a) Full charge of the employment, assignment, and	554
supervision;	555

(b) Sole determination of compensation, duties, expenses,	556
allowances, hours, leaves, and vacations.	557

(3) "Division personnel" include persons employed or referees	558
engaged in hearing, servicing, investigating, counseling, or	559
conciliating divorce, dissolution of marriage, legal separation	560
and annulment matters.	561

(M) In Lake county:

562

(1) The judge of the court of common pleas whose term begins	563
on January 2, 1961, and successors, shall have the same	564
qualifications, exercise the same powers and jurisdiction, and	565
receive the same compensation as the other judges of the court of	566
common pleas of Lake county and shall be elected and designated as	567
judge of the court of common pleas, division of domestic	568
relations. The judge shall be assigned all the divorce,	569
dissolution of marriage, legal separation, and annulment cases	570
coming before the court, except in cases that for some special	571
reason are assigned to some other judge of the court of common	572
pleas. The judge shall be charged with the assignment and	573
division of the work of the division and with the employment and	574
supervision of all other personnel of the domestic relations	575
division.	576

The judge also shall designate the title, compensation,	577
expense allowances, hours, leaves of absence, and vacations of the	578
personnel of the division and shall fix their duties. The duties	579
of the personnel, in addition to other statutory duties, shall	580
include the handling, servicing, and investigation of divorce,	581
dissolution of marriage, legal separation, and annulment cases and	582
providing any counseling and conciliation services that the	583
division makes available to persons, whether or not the persons	584
are parties to an action pending in the division, who request the	585
services.	586

(2) The judge of the court of common pleas whose term begins	587
on January 4, 1979, and successors, shall have the same	588
qualifications, exercise the same powers and jurisdiction, and	589
receive the same compensation as other judges of the court of	590
common pleas of Lake county, shall be elected and designated as	591
judge of the court of common pleas, juvenile division, and shall	592
be the juvenile judge as provided in Chapters 2151. and 2152. of	593
the Revised Code, with the powers and jurisdictions conferred by	594
those chapters. The judge of the court of common pleas, juvenile	595
division, shall be the administrator of the juvenile division and	596
its subdivisions and departments. The judge shall have charge of	597
the employment, assignment, and supervision of the personnel of	598
the juvenile division who are engaged in handling, servicing, or	599
investigating juvenile cases, including any referees whom the	600
judge considers necessary for the discharge of the judge's various	601
duties.	602

The judge also shall designate the title, compensation,	603
expense allowances, hours, leaves of absence, and vacation of the	604
personnel of the division and shall fix their duties. The duties	605
of the personnel, in addition to other statutory duties, include	606
the handling, servicing, and investigation of juvenile cases and	607
providing any counseling and conciliation services that the	608
division makes available to persons, whether or not the persons	609
are parties to an action pending in the division, who request the	610
services.	611

(3) If a judge of the court of common pleas, division of	612
domestic relations or juvenile division, is sick, absent, or	613
unable to perform that judge's judicial duties or the volume of	614
cases pending in the judge's division necessitates it, the duties	615
of that judge shall be performed by the other judges of the	616
domestic relations and juvenile divisions.	617

(N) In Erie county, the judge of the court of common pleas	618
whose term begins on January 2, 1971, and successors, shall have	619
the same qualifications, exercise the same powers and	620
jurisdiction, and receive the same compensation as the other judge	621
of the court of common pleas of Erie county and shall be elected	622
and designated as judge of the court of common pleas, division of	623
domestic relations. The judge shall have all the powers relating	624
to juvenile courts, and shall be assigned all cases under Chapters	625
2151. and 2152. of the Revised Code, parentage proceedings over	626
which the juvenile court has jurisdiction, and divorce,	627
dissolution of marriage, legal separation, and annulment cases,	628
except cases that for some special reason are assigned to some	629
other judge.	630

(O) In Greene county:

631

(1) The judge of the court of common pleas whose term begins	632
on January 1, 1961, and successors, shall have the same	633
qualifications, exercise the same powers and jurisdiction, and	634
receive the same compensation as the other judges of the court of	635
common pleas of Greene county and shall be elected and designated	636
as the judge of the court of common pleas, division of domestic	637
relations. The judge shall be assigned all divorce, dissolution	638
of marriage, legal separation, annulment, uniform reciprocal	639
support enforcement, and domestic violence cases and all other	640
cases related to domestic relations, except cases that for some	641
special reason are assigned to some other judge of the court of	642
common pleas.	643

The judge shall be charged with the assignment and division	644
of the work of the division and with the employment and	645
supervision of all other personnel of the division. The judge	646
also shall designate the title, compensation, hours, leaves of	647
absence, and vacations of the personnel of the division and shall	648
fix their duties. The duties of the personnel of the division, in	649
addition to other statutory duties, shall include the handling,	650
servicing, and investigation of divorce, dissolution of marriage,	651
legal separation, and annulment cases and the provision of	652
counseling and conciliation services that the division considers	653
necessary and makes available to persons who request the services,	654
whether or not the persons are parties in an action pending in the	655
division. The compensation for the personnel shall be paid from	656
the overall court budget and shall be included in the	657
appropriations for the existing judges of the general division of	658
the court of common pleas.	659

(2) The judge of the court of common pleas whose term begins	660
on January 1, 1995, and successors, shall have the same	661
qualifications, exercise the same powers and jurisdiction, and	662
receive the same compensation as the other judges of the court of	663
common pleas of Greene county, shall be elected and designated as	664
judge of the court of common pleas, juvenile division, and, on or	665
after January 1, 1995, shall be the juvenile judge as provided in	666
Chapters 2151. and 2152. of the Revised Code with the powers and	667
jurisdiction conferred by those chapters. The judge of the court	668
of common pleas, juvenile division, shall be the administrator of	669
the juvenile division and its subdivisions and departments. The	670
judge shall have charge of the employment, assignment, and	671
supervision of the personnel of the juvenile division who are	672
engaged in handling, servicing, or investigating juvenile cases,	673
including any referees whom the judge considers necessary for the	674
discharge of the judge's various duties.	675

The judge also shall designate the title, compensation,	676
expense allowances, hours, leaves of absence, and vacation of the	677
personnel of the division and shall fix their duties. The duties	678
of the personnel, in addition to other statutory duties, include	679
the handling, servicing, and investigation of juvenile cases and	680
providing any counseling and conciliation services that the court	681
makes available to persons, whether or not the persons are parties	682
to an action pending in the court, who request the services.	683

(3) If one of the judges of the court of common pleas,	684
general division, is sick, absent, or unable to perform that	685
judge's judicial duties or the volume of cases pending in the	686
general division necessitates it, the duties of that judge of the	687
general division shall be performed by the judge of the division	688
of domestic relations and the judge of the juvenile division.	689

(P) In Portage county, the judge of the court of common	690
pleas, whose term begins January 2, 1987, and successors, shall	691
have the same qualifications, exercise the same powers and	692
jurisdiction, and receive the same compensation as the other	693
judges of the court of common pleas of Portage county and shall be	694
elected and designated as judge of the court of common pleas,	695
division of domestic relations. The judge shall be assigned all	696
divorce, dissolution of marriage, legal separation, and annulment	697
cases coming before the court, except in cases that for some	698
special reason are assigned to some other judge of the court of	699
common pleas. The judge shall be charged with the assignment and	700
division of the work of the division and with the employment and	701
supervision of all other personnel of the domestic relations	702
division.	703

The judge also shall designate the title, compensation,	704
expense allowances, hours, leaves of absence, and vacations of the	705
personnel of the division and shall fix their duties. The duties	706
of the personnel, in addition to other statutory duties, shall	707
include the handling, servicing, and investigation of divorce,	708
dissolution of marriage, legal separation, and annulment cases and	709
providing any counseling and conciliation services that the	710
division makes available to persons, whether or not the persons	711
are parties to an action pending in the division, who request the	712
services.	713

(Q) In Clermont county, the judge of the court of common	714
pleas, whose term begins January 2, 1987, and successors, shall	715
have the same qualifications, exercise the same powers and	716
jurisdiction, and receive the same compensation as the other	717
judges of the court of common pleas of Clermont county and shall	718
be elected and designated as judge of the court of common pleas,	719
division of domestic relations. The judge shall be assigned all	720
divorce, dissolution of marriage, legal separation, and annulment	721
cases coming before the court, except in cases that for some	722
special reason are assigned to some other judge of the court of	723
common pleas. The judge shall be charged with the assignment and	724
division of the work of the division and with the employment and	725
supervision of all other personnel of the domestic relations	726
division.	727

The judge also shall designate the title, compensation,	728
expense allowances, hours, leaves of absence, and vacations of the	729
personnel of the division and shall fix their duties. The duties	730
of the personnel, in addition to other statutory duties, shall	731
include the handling, servicing, and investigation of divorce,	732
dissolution of marriage, legal separation, and annulment cases and	733
providing any counseling and conciliation services that the	734
division makes available to persons, whether or not the persons	735
are parties to an action pending in the division, who request the	736
services.	737

(R) In Warren county, the judge of the court of common	738
pleas, whose term begins January 1, 1987, and successors, shall	739
have the same qualifications, exercise the same powers and	740
jurisdiction, and receive the same compensation as the other	741
judges of the court of common pleas of Warren county and shall be	742
elected and designated as judge of the court of common pleas,	743
division of domestic relations. The judge shall be assigned all	744
divorce, dissolution of marriage, legal separation, and annulment	745
cases coming before the court, except in cases that for some	746
special reason are assigned to some other judge of the court of	747
common pleas. The judge shall be charged with the assignment and	748
division of the work of the division and with the employment and	749
supervision of all other personnel of the domestic relations	750
division.	751

The judge also shall designate the title, compensation,	752
expense allowances, hours, leaves of absence, and vacations of the	753
personnel of the division and shall fix their duties. The duties	754
of the personnel, in addition to other statutory duties, shall	755
include the handling, servicing, and investigation of divorce,	756
dissolution of marriage, legal separation, and annulment cases and	757
providing any counseling and conciliation services that the	758
division makes available to persons, whether or not the persons	759
are parties to an action pending in the division, who request the	760
services.	761

(S) In Licking county, the judge of the court of common	762
pleas, whose term begins January 1, 1991, and successors, shall	763
have the same qualifications, exercise the same powers and	764
jurisdiction, and receive the same compensation as the other	765
judges of the court of common pleas of Licking county and shall be	766
elected and designated as judge of the court of common pleas,	767
division of domestic relations. The judge shall be assigned all	768
divorce, dissolution of marriage, legal separation, and annulment	769
cases, all cases arising under Chapter 3111. of the Revised Code,	770
all proceedings involving child support, the allocation of	771
parental rights and responsibilities for the care of children and	772
the designation for the children of a place of residence and legal	773
custodian, parenting time, and visitation, and all post-decree	774
proceedings and matters arising from those cases and proceedings,	775
except in cases that for some special reason are assigned to	776
another judge of the court of common pleas. The judge shall be	777
charged with the assignment and division of the work of the	778
division and with the employment and supervision of the personnel	779
of the division.	780

The judge shall designate the title, compensation, expense	781
allowances, hours, leaves of absence, and vacations of the	782
personnel of the division and shall fix the duties of the	783
personnel of the division. The duties of the personnel of the	784
division, in addition to other statutory duties, shall include the	785
handling, servicing, and investigation of divorce, dissolution of	786
marriage, legal separation, and annulment cases, cases arising	787
under Chapter 3111. of the Revised Code, and proceedings involving	788
child support, the allocation of parental rights and	789
responsibilities for the care of children and the designation for	790
the children of a place of residence and legal custodian,	791
parenting time, and visitation and providing any counseling and	792
conciliation services that the division makes available to	793
persons, whether or not the persons are parties to an action	794
pending in the division, who request the services.	795

(T) In Allen county, the judge of the court of common pleas,	796
whose term begins January 1, 1993, and successors, shall have the	797
same qualifications, exercise the same powers and jurisdiction,	798
and receive the same compensation as the other judges of the court	799
of common pleas of Allen county and shall be elected and	800
designated as judge of the court of common pleas, division of	801
domestic relations. The judge shall be assigned all divorce,	802
dissolution of marriage, legal separation, and annulment cases,	803
all cases arising under Chapter 3111. of the Revised Code, all	804
proceedings involving child support, the allocation of parental	805
rights and responsibilities for the care of children and the	806
designation for the children of a place of residence and legal	807
custodian, parenting time, and visitation, and all post-decree	808
proceedings and matters arising from those cases and proceedings,	809
except in cases that for some special reason are assigned to	810
another judge of the court of common pleas. The judge shall be	811
charged with the assignment and division of the work of the	812
division and with the employment and supervision of the personnel	813
of the division.	814

The judge shall designate the title, compensation, expense	815
allowances, hours, leaves of absence, and vacations of the	816
personnel of the division and shall fix the duties of the	817
personnel of the division. The duties of the personnel of the	818
division, in addition to other statutory duties, shall include the	819
handling, servicing, and investigation of divorce, dissolution of	820
marriage, legal separation, and annulment cases, cases arising	821
under Chapter 3111. of the Revised Code, and proceedings involving	822
child support, the allocation of parental rights and	823
responsibilities for the care of children and the designation for	824
the children of a place of residence and legal custodian,	825
parenting time, and visitation, and providing any counseling and	826
conciliation services that the division makes available to	827
persons, whether or not the persons are parties to an action	828
pending in the division, who request the services.	829

(U) In Medina county, the judge of the court of common pleas	830
whose term begins January 1, 1995, and successors, shall have the	831
same qualifications, exercise the same powers and jurisdiction,	832
and receive the same compensation as other judges of the court of	833
common pleas of Medina county and shall be elected and designated	834
as judge of the court of common pleas, division of domestic	835
relations. The judge shall be assigned all divorce, dissolution	836
of marriage, legal separation, and annulment cases, all cases	837
arising under Chapter 3111. of the Revised Code, all proceedings	838
involving child support, the allocation of parental rights and	839
responsibilities for the care of children and the designation for	840
the children of a place of residence and legal custodian,	841
parenting time, and visitation, and all post-decree proceedings	842
and matters arising from those cases and proceedings, except in	843
cases that for some special reason are assigned to another judge	844
of the court of common pleas. The judge shall be charged with the	845
assignment and division of the work of the division and with the	846
employment and supervision of the personnel of the division.	847

The judge shall designate the title, compensation, expense	848
allowances, hours, leaves of absence, and vacations of the	849
personnel of the division and shall fix the duties of the	850
personnel of the division. The duties of the personnel, in	851
addition to other statutory duties, include the handling,	852
servicing, and investigation of divorce, dissolution of marriage,	853
legal separation, and annulment cases, cases arising under Chapter	854
3111. of the Revised Code, and proceedings involving child	855
support, the allocation of parental rights and responsibilities	856
for the care of children and the designation for the children of a	857
place of residence and legal custodian, parenting time, and	858
visitation, and providing counseling and conciliation services	859
that the division makes available to persons, whether or not the	860
persons are parties to an action pending in the division, who	861
request the services.	862

(V) In Fairfield county, the judge of the court of common	863
pleas whose term begins January 2, 1995, and successors, shall	864
have the same qualifications, exercise the same powers and	865
jurisdiction, and receive the same compensation as the other	866
judges of the court of common pleas of Fairfield county and shall	867
be elected and designated as judge of the court of common pleas,	868
division of domestic relations. The judge shall be assigned all	869
divorce, dissolution of marriage, legal separation, and annulment	870
cases, all cases arising under Chapter 3111. of the Revised Code,	871
all proceedings involving child support, the allocation of	872
parental rights and responsibilities for the care of children and	873
the designation for the children of a place of residence and legal	874
custodian, parenting time, and visitation, and all post-decree	875
proceedings and matters arising from those cases and proceedings,	876
except in cases that for some special reason are assigned to	877
another judge of the court of common pleas. The judge also has	878
concurrent jurisdiction with the probate-juvenile division of the	879
court of common pleas of Fairfield county with respect to and may	880
hear cases to determine the custody of a child, as defined in	881
section 2151.011 of the Revised Code, who is not the ward of	882
another court of this state, cases that are commenced by a parent,	883
guardian, or custodian of a child, as defined in section 2151.011	884
of the Revised Code, to obtain an order requiring a parent of the	885
child to pay child support for that child when the request for	886
that order is not ancillary to an action for divorce, dissolution	887
of marriage, annulment, or legal separation, a criminal or civil	888
action involving an allegation of domestic violence, an action for	889
support under Chapter 3115. of the Revised Code, or an action that	890
is within the exclusive original jurisdiction of the	891
probate-juvenile division of the court of common pleas of	892
Fairfield county and that involves an allegation that the child is	893
an abused, neglected, or dependent child, and post-decree	894
proceedings and matters arising from those types of cases.	895

The judge of the domestic relations division shall be charged	896
with the assignment and division of the work of the division and	897
with the employment and supervision of the personnel of the	898
division.	899

The judge shall designate the title, compensation, expense	900
allowances, hours, leaves of absence, and vacations of the	901
personnel of the division and shall fix the duties of the	902
personnel of the division. The duties of the personnel of the	903
division, in addition to other statutory duties, shall include the	904
handling, servicing, and investigation of divorce, dissolution of	905
marriage, legal separation, and annulment cases, cases arising	906
under Chapter 3111. of the Revised Code, and proceedings involving	907
child support, the allocation of parental rights and	908
responsibilities for the care of children and the designation for	909
the children of a place of residence and legal custodian,	910
parenting time, and visitation, and providing any counseling and	911
conciliation services that the division makes available to	912
persons, regardless of whether the persons are parties to an	913
action pending in the division, who request the services. When	914
the judge hears a case to determine the custody of a child, as	915
defined in section 2151.011 of the Revised Code, who is not the	916
ward of another court of this state or a case that is commenced by	917
a parent, guardian, or custodian of a child, as defined in section	918
2151.011 of the Revised Code, to obtain an order requiring a	919
parent of the child to pay child support for that child when the	920
request for that order is not ancillary to an action for divorce,	921
dissolution of marriage, annulment, or legal separation, a	922
criminal or civil action involving an allegation of domestic	923
violence, an action for support under Chapter 3115. of the Revised	924
Code, or an action that is within the exclusive original	925
jurisdiction of the probate-juvenile division of the court of	926
common pleas of Fairfield county and that involves an allegation	927
that the child is an abused, neglected, or dependent child, the	928
duties of the personnel of the domestic relations division also	929
include the handling, servicing, and investigation of those types	930
of cases.	931

(W)(1) In Clark county, the judge of the court of common	932
pleas whose term begins on January 2, 1995, and successors, shall	933
have the same qualifications, exercise the same powers and	934
jurisdiction, and receive the same compensation as other judges of	935
the court of common pleas of Clark county and shall be elected and	936
designated as judge of the court of common pleas, domestic	937
relations division. The judge shall have all the powers relating	938
to juvenile courts, and all cases under Chapters 2151. and 2152.	939
of the Revised Code and all parentage proceedings under Chapter	940
3111. of the Revised Code over which the juvenile court has	941
jurisdiction shall be assigned to the judge of the division of	942
domestic relations. All divorce, dissolution of marriage, legal	943
separation, annulment, uniform reciprocal support enforcement, and	944
other cases related to domestic relations shall be assigned to the	945
domestic relations division, and the presiding judge of the court	946
of common pleas shall assign the cases to the judge of the	947
domestic relations division and the judges of the general	948
division.	949

(2) In addition to the judge's regular duties, the judge of	950
the division of domestic relations shall serve on the children	951
services board and the county advisory board.	952

(3) If the judge of the court of common pleas of Clark	953
county, division of domestic relations, is sick, absent, or unable	954
to perform that judge's judicial duties or if the presiding judge	955
of the court of common pleas of Clark county determines that the	956
volume of cases pending in the division of domestic relations	957
necessitates it, the duties of the judge of the division of	958
domestic relations shall be performed by the judges of the general	959
division or probate division of the court of common pleas of Clark	960
county, as assigned for that purpose by the presiding judge of	961
that court, and the judges so assigned shall act in conjunction	962
with the judge of the division of domestic relations of that	963
court.	964

(X) In Scioto county, the judge of the court of common pleas	965
whose term begins January 2, 1995, and successors, shall have the	966
same qualifications, exercise the same powers and jurisdiction,	967
and receive the same compensation as other judges of the court of	968
common pleas of Scioto county and shall be elected and designated	969
as judge of the court of common pleas, division of domestic	970
relations. The judge shall be assigned all divorce, dissolution	971
of marriage, legal separation, and annulment cases, all cases	972
arising under Chapter 3111. of the Revised Code, all proceedings	973
involving child support, the allocation of parental rights and	974
responsibilities for the care of children and the designation for	975
the children of a place of residence and legal custodian,	976
parenting time, visitation, and all post-decree proceedings and	977
matters arising from those cases and proceedings, except in cases	978
that for some special reason are assigned to another judge of the	979
court of common pleas. The judge shall be charged with the	980
assignment and division of the work of the division and with the	981
employment and supervision of the personnel of the division.	982

The judge shall designate the title, compensation, expense	983
allowances, hours, leaves of absence, and vacations of the	984
personnel of the division and shall fix the duties of the	985
personnel of the division. The duties of the personnel, in	986
addition to other statutory duties, include the handling,	987
servicing, and investigation of divorce, dissolution of marriage,	988
legal separation, and annulment cases, cases arising under Chapter	989
3111. of the Revised Code, and proceedings involving child	990
support, the allocation of parental rights and responsibilities	991
for the care of children and the designation for the children of a	992
place of residence and legal custodian, parenting time, and	993
visitation, and providing counseling and conciliation services	994
that the division makes available to persons, whether or not the	995
persons are parties to an action pending in the division, who	996
request the services.	997

(Y) In Auglaize county, the judge of the probate and	998
juvenile divisions of the Auglaize county court of common pleas	999
also shall be the administrative judge of the domestic relations	1000
division of the court and shall be assigned all divorce,	1001
dissolution of marriage, legal separation, and annulment cases	1002
coming before the court. The judge shall have all powers as	1003
administrator of the domestic relations division and shall have	1004
charge of the personnel engaged in handling, servicing, or	1005
investigating divorce, dissolution of marriage, legal separation,	1006
and annulment cases, including any referees considered necessary	1007
for the discharge of the judge's various duties.	1008

(Z)(1) In Marion county, the judge of the court of common	1009
pleas whose term begins on February 9, 1999, and the successors to	1010
that judge, shall have the same qualifications, exercise the same	1011
powers and jurisdiction, and receive the same compensation as the	1012
other judges of the court of common pleas of Marion county and	1013
shall be elected and designated as judge of the court of common	1014
pleas, domestic relations-juvenile-probate division. Except as	1015
otherwise specified in this division, that judge, and the	1016
successors to that judge, shall have all the powers relating to	1017
juvenile courts, and all cases under Chapters 2151. and 2152. of	1018
the Revised Code, all cases arising under Chapter 3111. of the	1019
Revised Code, all divorce, dissolution of marriage, legal	1020
separation, and annulment cases, all proceedings involving child	1021
support, the allocation of parental rights and responsibilities	1022
for the care of children and the designation for the children of a	1023
place of residence and legal custodian, parenting time, and	1024
visitation, and all post-decree proceedings and matters arising	1025
from those cases and proceedings shall be assigned to that judge	1026
and the successors to that judge. Except as provided in division	1027
(Z)(2) of this section and notwithstanding any other provision of	1028
any section of the Revised Code, on and after February 9, 2003,	1029
the judge of the court of common pleas of Marion county whose term	1030
begins on February 9, 1999, and the successors to that judge,	1031
shall have all the powers relating to the probate division of the	1032
court of common pleas of Marion county in addition to the powers	1033
previously specified in this division, and shall exercise	1034
concurrent jurisdiction with the judge of the probate division of	1035
that court over all matters that are within the jurisdiction of	1036
the probate division of that court under Chapter 2101., and other	1037
provisions, of the Revised Code in addition to the jurisdiction of	1038
the domestic relations-juvenile-probate division of that court	1039
otherwise specified in division (Z)(1) of this section.	1040

(2) The judge of the domestic relations-juvenile-probate	1041
division of the court of common pleas of Marion county or the	1042
judge of the probate division of the court of common pleas of	1043
Marion county, whichever of those judges is senior in total length	1044
of service on the court of common pleas of Marion county,	1045
regardless of the division or divisions of service, shall serve as	1046
the clerk of the probate division of the court of common pleas of	1047
Marion county.	1048

(3) On and after February 9, 2003, all references in law to	1049
"the probate court," "the probate judge," "the juvenile court," or	1050
"the judge of the juvenile court" shall be construed, with respect	1051
to Marion county, as being references to both "the probate	1052
division" and "the domestic relations-juvenile-probate division"	1053
and as being references to both "the judge of the probate	1054
division" and "the judge of the domestic relations-	1055
juvenile-probate division." On and after February 9, 2003, all	1056
references in law to "the clerk of the probate court" shall be	1057
construed, with respect to Marion county, as being references to	1058
the judge who is serving pursuant to division (Z)(2) of this	1059
section as the clerk of the probate division of the court of	1060
common pleas of Marion county.	1061

(AA) In Muskingum county, the judge of the court of common	1062
pleas whose term begins on January 2, 2003, and successors, shall	1063
have the same qualifications, exercise the same powers and	1064
jurisdiction, and receive the same compensation as the other	1065
judges of the court of common pleas of Muskingum county and shall	1066
be elected and designated as the judge of the court of common	1067
pleas, division of domestic relations. The judge shall have all	1068
of the powers relating to juvenile courts and shall be assigned	1069
all cases under Chapter 2151. or 2152. of the Revised Code, all	1070
parentage proceedings over which the juvenile court has	1071
jurisdiction, all divorce, dissolution of marriage, legal	1072
separation, and annulment cases, all cases arising under Chapter	1073
3111. of the Revised Code, all proceedings involving child	1074
support, the allocation of parental rights and responsibilities	1075
for the care of children, the designation for the children of a	1076
place of residence and legal custodian, and visitation, and all	1077
post-decree proceedings and matters arising from those cases and	1078
proceedings, except cases that for some special reason are	1079
assigned to some other judge of the court of common pleas.	1080

(BB) If a judge of the court of common pleas, division of	1081
domestic relations, or juvenile judge, of any of the counties	1082
mentioned in this section is sick, absent, or unable to perform	1083
that judge's judicial duties or the volume of cases pending in the	1084
judge's division necessitates it, the duties of that judge shall	1085
be performed by another judge of the court of common pleas of that	1086
county, assigned for that purpose by the presiding judge of the	1087
court of common pleas of that county to act in place of or in	1088
conjunction with that judge, as the case may require.	1089

Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of the	1090
Revised Code:	1091

(A) "Sexual conduct" means vaginal intercourse between a	1092
male and female; anal intercourse, fellatio, and cunnilingus	1093
between persons regardless of sex; and, without privilege to do	1094
so, the insertion, however slight, of any part of the body or any	1095
instrument, apparatus, or other object into the vaginal or anal	1096
cavity of another. Penetration, however slight, is sufficient to	1097
complete vaginal or anal intercourse.	1098

(B) "Sexual contact" means any touching of an erogenous zone	1099
of another, including without limitation the thigh, genitals,	1100
buttock, pubic region, or, if the person is a female, a breast,	1101
for the purpose of sexually arousing or gratifying either person.	1102

(C) "Sexual activity" means sexual conduct or sexual	1103
contact, or both.	1104

(D) "Prostitute" means a male or female who promiscuously	1105
engages in sexual activity for hire, regardless of whether the	1106
hire is paid to the prostitute or to another.	1107

(E) Any material or performance is "harmful to juveniles,"	1108
if it is offensive to prevailing standards in the adult community	1109
with respect to what is suitable for juveniles, and if any of the	1110
following apply:	1111

(1) It tends to appeal to the prurient interest of	1112
juveniles;	1113

(2) It contains a display, description, or representation of	1114
sexual activity, masturbation, sexual excitement, or nudity;	1115

(3) It contains a display, description, or representation of	1116
bestiality or extreme or bizarre violence, cruelty, or brutality;	1117

(4) It contains a display, description, or representation of	1118
human bodily functions of elimination;	1119

(5) It makes repeated use of foul language;

1120

(6) It contains a display, description, or representation in	1121
lurid detail of the violent physical torture, dismemberment,	1122
destruction, or death of a human being;	1123

(7) It contains a display, description, or representation of	1124
criminal activity that tends to glorify or glamorize the activity,	1125
and that, with respect to juveniles, has a dominant tendency to	1126
corrupt.	1127

(F) When considered as a whole, and judged with reference to	1128
ordinary adults or, if it is designed for sexual deviates or other	1129
specially susceptible group, judged with reference to that group,	1130
any material or performance is "obscene" if any of the following	1131
apply:	1132

(1) Its dominant appeal is to prurient interest;

1133

(2) Its dominant tendency is to arouse lust by displaying or	1134
depicting sexual activity, masturbation, sexual excitement, or	1135
nudity in a way that tends to represent human beings as mere	1136
objects of sexual appetite;	1137

(3) Its dominant tendency is to arouse lust by displaying or	1138
depicting bestiality or extreme or bizarre violence, cruelty, or	1139
brutality;	1140

(4) Its dominant tendency is to appeal to scatological	1141
interest by displaying or depicting human bodily functions of	1142
elimination in a way that inspires disgust or revulsion in persons	1143
with ordinary sensibilities, without serving any genuine	1144
scientific, educational, sociological, moral, or artistic purpose;	1145

(5) It contains a series of displays or descriptions of	1146
sexual activity, masturbation, sexual excitement, nudity,	1147
bestiality, extreme or bizarre violence, cruelty, or brutality, or	1148
human bodily functions of elimination, the cumulative effect of	1149
which is a dominant tendency to appeal to prurient or scatological	1150
interest, when the appeal to such an interest is primarily for its	1151
own sake or for commercial exploitation, rather than primarily for	1152
a genuine scientific, educational, sociological, moral, or	1153
artistic purpose.	1154

(G) "Sexual excitement" means the condition of human male or	1155
female genitals when in a state of sexual stimulation or arousal.	1156

(H) "Nudity" means the showing, representation, or depiction	1157
of human male or female genitals, pubic area, or buttocks with	1158
less than a full, opaque covering, or of a female breast with less	1159
than a full, opaque covering of any portion thereof below the top	1160
of the nipple, or of covered male genitals in a discernibly turgid	1161
state.	1162

(I) "Juvenile" means an unmarried person under the age of	1163
eighteen.	1164

(J) "Material" means one of the following:

1165

(1)(a) As used in section 2907.311 of the Revised Code and	1166
in the portions of section 2907.31 of the Revised Code that	1167
pertain to materials that are harmful to juveniles but not	1168
obscene, "material" means any book, magazine, newspaper, pamphlet,	1169
poster, print, picture, figure, image, description, motion picture	1170
film, phonographic record, tape, or other tangible thing capable	1171
of arousing interest through sight, sound, or touch and, except as	1172
provided in division (J)(1)(b) of this section, includes an image	1173
or text appearing on a computer monitor or on a television screen,	1174
liquid crystal display, or similar display device used as a	1175
computer monitor or an image or text recorded on a computer hard	1176
disk, computer floppy disk, magnetic tape, or similar storage	1177
device.	1178

(b) As used in section 2907.311 of the Revised Code and in	1179
the portions of section 2907.31 of the Revised Code that pertain	1180
to materials that are harmful to juveniles but not obscene, both	1181
of the following apply:	1182

(i)  Except as otherwise provided in division (J)(1)(b)(ii)	1183
of this section, "material" does not include an image or text that	1184
appears on a computer monitor or on a television screen, liquid	1185
crystal display, or similar display device used as a computer	1186
monitor while the monitor, screen, display, or device is actively	1187
connected to a web site on the internet.	1188

(ii)  "Material" includes an image or text that appears on a	1189
computer monitor or on a television screen, liquid crystal	1190
display, or similar display device used as a computer monitor	1191
while the monitor, screen, display, or device is actively	1192
connected to a web site on the internet if the image or text is	1193
contained in an e-mail message or if the image or text is so	1194
appearing on the monitor, screen, display, or device during a	1195
direct presentation to a specific, known juvenile or group of	1196
known juveniles. The image or text is "material" under this	1197
division only regarding the application of section 2907.311 of the	1198
Revised Code and the portions of section 2907.31 of the Revised	1199
Code that pertain to materials that are harmful to juveniles but	1200
not obscene to the person who sends the e-mail message or who	1201
directly presents the image or text to the specific, known	1202
juvenile or group of known juveniles.	1203

(2)  As used in all provisions of sections 2907.01 to	1204
2907.37 of the Revised Code that are not identified in division	1205
(J)(1) of this section, "material" means any book, magazine,	1206
newspaper, pamphlet, poster, print, picture, figure, image,	1207
description, motion picture film, phonographic record, or tape, or	1208
other tangible thing capable of arousing interest through sight,	1209
sound, or touch and includes an image or text appearing on a	1210
computer monitor, television screen, liquid crystal display, or	1211
similar display device or an image or text recorded on a computer	1212
hard disk, computer floppy disk, compact disk, magnetic tape, or	1213
similar data storage device.	1214

(K) "Performance" means any motion picture, preview,	1215
trailer, play, show, skit, dance, or other exhibition performed	1216
before an audience.	1217

(L) "Spouse" means a person married to an offender at the	1218
time of an alleged offense, except that such person shall not be	1219
considered the spouse when any of the following apply:	1220

(1) When the parties have entered into a written separation	1221
agreement authorized by section 3103.06 of the Revised Code;	1222

(2) During the pendency of an action between the parties for	1223
annulment, divorce, dissolution of marriage, or legal separation;	1224

(3) In the case of an action for legal separation, after the	1225
effective date of the judgment for legal separation.	1226

(M) "Minor" means a person under the age of eighteen.

1227

Sec. 2907.35.  (A) An owner or manager, or his agent or	1228
employee of an owner or manager, of a bookstore, newsstand,	1229
theater, or other commercial establishment engaged in selling	1230
materials or exhibiting performances, who, in the course of	1231
business:	1232

(1) Possesses five or more identical or substantially	1233
similar obscene articles, having knowledge of their character, is	1234
presumed to possess them in violation of division (A)(5) of	1235
section 2907.32 of the Revised Code;	1236

(2) Does any of the acts prohibited by section 2907.31 or	1237
2907.32 of the Revised Code, is presumed to have knowledge of the	1238
character of the material or performance involved, if hethe	1239
owner, manager, or agent or employee of the owner or manager has	1240
actual notice of the nature of such material or performance,	1241
whether or not hethe owner, manager, or agent or employee of the	1242
owner or manager has precise knowledge of its contents.	1243

(B) Without limitation on the manner in which such notice	1244
may be given, actual notice of the character of material or a	1245
performance may be given in writing by the chief legal officer of	1246
the jurisdiction in which the person to whom the notice is	1247
directed does business. Such notice, regardless of the manner in	1248
which it is given, shall identify the sender, identify the	1249
material or performance involved, state whether it is obscene or	1250
harmful to juveniles, and bear the date of such notice.	1251

(C) Sections 2907.31 and 2907.32 of the Revised Code do not	1252
apply to a motion picture operator or projectionist acting within	1253
the scope of his employment as an employee of the owner or manager	1254
of a theater or other place for the showing of motion pictures to	1255
the general public, and having no managerial responsibility or	1256
financial interest in histhe operator's or projectionist's place	1257
of employment, other than wages.	1258

(D)(1) Sections 2907.31, 2907.311, 2907.32, 2907.321,	1259
2907.322, 2907.323, and 2907.34 and division (A) of section	1260
2907.33 of the Revised Code do not apply to a person solely	1261
because the person provided access or connection to or from a	1262
computer facility, system, or network not under that person's	1263
control, including having provided transmission, downloading,	1264
intermediate storage, access software, or other related	1265
capabilities that are incidental to providing access or connection	1266
to or from a computer facility, system, or network, and that do	1267
not include the creation of the content of the material that is	1268
the subject of the access or connection.	1269

(2) Division (D)(1) of this section does not apply to a	1270
person who conspires with an entity actively involved in the	1271
creation or knowing distribution of material in violation of	1272
section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323,	1273
2907.33, or 2907.34 of the Revised Code or who knowingly	1274
advertises the availability of material of that nature.	1275

(3) Division (D)(1) of this section does not apply to a	1276
person who provides access or connection to a computer facility,	1277
system, or network that is engaged in the violation of section	1278
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33,	1279
or 2907.34 of the Revised Code and that contains content that	1280
person has selected and placed in or on the facility, system, or	1281
network or content over which that person exercises editorial	1282
control.	1283

(E) An employer is not guilty of a violation of section	1284
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33,	1285
or 2907.34 of the Revised Code based on the actions of an employee	1286
or agent of the employer unless the employee's or agent's conduct	1287
is within the scope of employee's or agent's employment or agency,	1288
and the employer does either of the following:	1289

(1) With knowledge of the employee's or agent's conduct, the	1290
employer authorizes or ratifies the conduct.	1291

(2) The employer recklessly disregards the employee's or	1292
agent's conduct.	1293

(F) It is an affirmative defense to a charge under section	1294
2907.31 or 2907.311 of the Revised Code as the section applies to	1295
an image transmitted through the internet that the person charged	1296
with violating the section has taken, in good faith, reasonable,	1297
effective, and appropriate actions under the circumstances to	1298
restrict or prevent access by juveniles to material that is	1299
harmful to juveniles, including any method that is feasible under	1300
available technology.	1301

Section 2.  That existing sections 2301.03, 2907.01, and	1302
2907.35 of the Revised Code are hereby repealed.	1303

Section 3. (A) Notwithstanding sections 3513.05 and 3513.257	1304
and any other provision of the Revised Code, each person desiring	1305
to become a candidate at the general election to be held on	1306
November 5, 2002, for election as the judge of the Hamilton County	1307
Court of Common Pleas who is to be elected in 2002, whose term	1308
begins on January 3, 2003, and who is designated by this act as	1309
the Drug Court Judge of the Hamilton County Court of Common Pleas	1310
shall file a nominating petition and statement of candidacy, as	1311
provided in section 3513.261 of the Revised Code, not later than	1312
four p.m. on August 22, 2002. In addition to any other	1313
information required by law to be set forth on the nominating	1314
petition and statement of candidacy, the documents shall designate	1315
that the judgeship sought is the Drug Court Judge of the Hamilton	1316
County Court of Common Pleas. Notwithstanding section 3513.257 of	1317
the Revised Code and notwithstanding any other provision of the	1318
Revised Code, the nominating petition of each candidate for that	1319
judgeship shall contain a minimum of fifty signatures of	1320
qualified electors of Hamilton County, except that no nominating	1321
petition shall be accepted for filing or filed if the petition	1322
appears on its face to contain or is known to contain signatures	1323
aggregating in number more than one hundred fifty. The	1324
nominating petitions of candidates for this judgeship shall be	1325
processed as set forth in section 3513.263 of the Revised Code.	1326
The names of the candidates, whose petition papers shall be	1327
determined by the board with which the petitions were filed to be	1328
valid, shall be printed on the ballot as set forth in section	1329
3505.04 of the Revised Code.	1330

(B) Upon the effective date of this act, any statements or	1331
declarations of candidacy and nominating petitions that a person	1332
has filed prior to the effective date of this act for the election	1333
of the judge of the Hamilton County Court of Common Pleas who is	1334
to be elected in 2002 and whose term begins on January 3, 2003,	1335
shall be considered nominating petitions and statements of	1336
candidacy for the judge of the Hamilton County Court of Common	1337
Pleas who is to be elected in 2002, whose term begins on January	1338
3, 2003, and who is designated by this act as the Drug Court Judge	1339
of that Court. The nominating petitions and statements of	1340
candidacy so filed shall suffice for purposes of division (A) of	1341
this section, and the person does not need to file any additional	1342
documents under that division.	1343

Notwithstanding section 3513.30 and any other section of the	1344
Revised Code, if a person has qualified as a candidate for	1345
election as the judge of the Hamilton County Court of Common Pleas	1346
who is to be elected in 2002 and whose term begins on January 3,	1347
2003, and if the person so qualified prior to the effective date	1348
of this act and this act's designation of that judgeship as the	1349
Drug Court Judge of that Court, the person may withdraw as a	1350
candidate for that judgeship at any time prior to four p.m. on the	1351
day that is 30 days after the effective date of this act.	1352