REPRESENTATIVES Willamowski, Faber, Young, Hughes, Latta, Callender, Womer Benjamin, Flowers, Allen, Otterman, Perry, D. Miller, Flannery, White, Driehaus, Setzer, Sferra, Schaffer, Webster, Salerno, Collier, Coates, Barrett, Schmidt, Roman, Reidelbach, Clancy, Niehaus, Buehrer, Seitz, Schneider, Calvert, Metzger, Aslanides, G. Smith, Widowfield, DeBose

To amend sections 2907.07, 2950.01, 2950.04, 2950.05, 2950.09, 2950.11, and 2950.12 of

1

the Revised Code regarding sexual predator hearings

2

for offenders convicted of a sexually oriented

3

offense but acquitted of a sexually violent

4

predator specification, regarding Department of

5

Rehabilitation and Correction employees' immunity

6

for acts under the Sex Offender Registration and

7

Notification Law, regarding making certain

8

importuning violations a sexually oriented offense,

9

regarding expansion of the sex offender community

10

notification provisions to give more neighbors

11

notice and earlier notice, regarding sexual

12

predators and certain habitual sex offenders

13

providing a notice to sheriffs of an intent to

14

reside at a premises, regarding an increase in the

15

amount of prior notice sex offenders must provide

16

relative to changing residence, regarding the

17

relevant age of the victim and offender for the

18

offense of importuning, and to declare an

19

emergency.

20

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

Section 1. That sections 2907.07, 2950.01, 2950.04, 2950.05,	21
2950.09, 2950.11, and 2950.12 of the Revised Code be amended to	22
read as follows:	23

Sec. 2907.07.  (A) No person shall solicit a person who is	24
less than thirteen years of age to engage in sexual activity with	25
the offender, whether or not the offender knows the age of such	26
person.	27

(B) No person shall solicit a person of the same sex to	28
engage in sexual activity with the offender, when the offender	29
knows such solicitation is offensive to the other person, or is	30
reckless in that regard.	31

(C) No person shall solicit another, not the spouse of the	32
offender, to engage in sexual conduct with the offender, when the	33
offender is eighteen years of age or older and four or more years	34
older than the other person, and the other person is over twelve	35
thirteen years of age or older but less than sixteen years of	36
age, whether or not the offender knows the age of the other	37
person.	38

(D) No person shall solicit another by means of a	39
telecommunications device, as defined in section 2913.01 of the	40
Revised Code, to engage in sexual activity with the offender when	41
the offender is eighteen years of age or older and either of the	42
following applies:	43

(1) The other person is less than thirteen years of age, and	44
the offender knows that the other person is less than thirteen	45
years of age or is reckless in that regard.	46

(2) The other person is a law enforcement officer posing as	47
a person who is less than thirteen years of age, and the offender	48
believes that the other person is less than thirteen years of age	49
or is reckless in that regard.	50

(E) No person shall solicit another by means of a	51
telecommunications device, as defined in section 2913.01 of the	52
Revised Code, to engage in sexual activity with the offender when	53
the offender is eighteen years of age or older and either of the	54
following applies:	55

(1) The other person is over twelvethirteen years of age or	56
older but less than sixteen years of age, and the offender knows	57
that the other person is over twelvethirteen years of age or	58
older but less than sixteen years of age or is reckless in that	59
regard, and the offender is four or more years older than the	60
other person.	61

(2) The other person is a law enforcement officer posing as	62
a person who is over twelvethirteen years of age or older but	63
less than sixteen years of age, and the offender believes that the	64
other person is over twelvethirteen years of age or older but	65
less than sixteen years of age or is reckless in that regard, and	66
the offender is four or more years older than the age the law	67
enforcement officer assumes in posing as the person who is	68
thirteen years of age or older but less than sixteen years of age.	69

(F) Divisions (D) and (E) of this section apply to any	70
solicitation that is contained in a transmission via a	71
telecommunications device that either originates in this state or	72
is received in this state.	73

(g)(G) Whoever violates this section is guilty of	74
importuning. Violation of division (A) or (B) of this section is	75
a misdemeanor of the first degree. A violation of division (A)	76
or (D) of this section is a felony of the fourth degree on a first	77
offense and a felony of the third degree on each subsquent	78
subsequent offense. A violation of division (C) or (E) of this	79
section is a felony of the fifth degree on a first offense and a	80
felony of the fourth degree on each subsequent offense.	81

Sec. 2950.01. As used in this chapter, unless the context	82
clearly requires otherwise:	83

(A) "Confinement" includes, but is not limited to, a	84
community residential sanction imposed pursuant to section 2929.16	85
of the Revised Code.	86

(B) "Habitual sex offender" means, except when a juvenile	87
judge removes this classification pursuant to division (A)(2) of	88
section 2152.84 or division (C)(2) of section 2152.85 of the	89
Revised Code, a person to whom both of the following apply:	90

(1) The person is convicted of or pleads guilty to a	91
sexually oriented offense, or the person is adjudicated a	92
delinquent child for committing on or after the effective date of	93
this amendmentJanuary 1, 2002, a sexually oriented offense, was	94
fourteen years of age or older at the time of committing the	95
offense, and is classified a juvenile sex offender registrant	96
based on that adjudication.	97

(2) The person previously has been convicted of or pleaded	98
guilty to one or more sexually oriented offenses or, regarding a	99
delinquent child, previously has been adjudicated a delinquent	100
child for committing one or more sexually oriented offenses.	101

(C) "Prosecutor" has the same meaning as in section 2935.01	102
of the Revised Code.	103

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

104

(1) Subject to division (D)(2) of this section, any of the	105
following violations or offenses:	106

(a) Regardless of the age of the victim of the offense, a	107
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	108
Code;	109

(b) Any of the following offenses involving a minor, in the	110
circumstances specified:	111

(i) A violation of section 2905.01, 2905.02, 2905.03,	112
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim	113
of the offense is under eighteen years of age;	114

(ii) A violation of section 2907.21 of the Revised Code when	115
the person who is compelled, induced, procured, encouraged,	116
solicited, requested, or facilitated to engage in, paid or agreed	117
to be paid for, or allowed to engage in the sexual activity in	118
question is under eighteen years of age;	119

(iii) A violation of division (A)(1) or (3) of section	120
2907.321 or 2907.322 of the Revised Code;	121

(iv) A violation of division (A)(1) or (2) of section	122
2907.323 of the Revised Code;	123

(v) A violation of division (B)(5) of section 2919.22 of the	124
Revised Code when the child who is involved in the offense is	125
under eighteen years of age;	126

(vi) A violation of division (D) or (E) of section 2907.07 of	127
the Revised Code.	128

(c) Regardless of the age of the victim of the offense, a	129
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	130
Revised Code, or of division (A) of section 2903.04 of the Revised	131
Code, that is committed with a purpose to gratify the sexual needs	132
or desires of the offender;	133

(d) A sexually violent offense;

134

(e) A violation of any former law of this state that was	135
substantially equivalent to any offense listed in division	136
(D)(1)(a), (b), (c), or (d) of this section;	137

(f) A violation of an existing or former municipal ordinance	138
or law of another state or the United States, a violation under	139
the law applicable in a military court, or a violation under the	140
law applicable in an Indian tribal court that is or was	141
substantially equivalent to any offense listed in division	142
(D)(1)(a), (b), (c), or (d) of this section;	143

(g) An attempt to commit, conspiracy to commit, or	144
complicity in committing any offense listed in division (D)(1)(a),	145
(b), (c), (d), (e), or (f) of this section.	146

(2) An act committed by a person under eighteen years of age	147
that is any of the following:	148

(a) Except for the violations specifically described in	149
divisions (D)(2)(b) and (c) of this section and subject to	150
division (D)(2)(d) of this section, any violation listed in	151
division (D)(1) of this section that, if committed by an adult,	152
would be a felony of the first, second, third, or fourth degree;	153

(b) Subject to division (A)(D)(2)(d) of this section, a	154
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	155
2905.02 of the Revised Code, a violation of division (A) of	156
section 2903.04 of the Revised Code, or an attempt to violate any	157
of those sections or that division that is committed with a	158
purpose to gratify the sexual needs or desires of the child	159
committing the violation;	160

(c) Subject to division (A)(D)(2)(d) of this section, a	161
violation of division (A)(1) or (3) of section 2907.321, division	162
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	163
section 2907.323 of the Revised Code, or an attempt to violate any	164
of those divisions, if the person who violates or attempts to	165
violate the division is four or more years older than the minor	166
who is the victim of the offense;	167

(d) If the child's case has been transferred for criminal	168
prosecution under section 2152.12 of the Revised Code, the act is	169
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	170
(f), or (g) of this section or would be any offense listed in any	171
of those divisions if committed by an adult.	172

(E) "Sexual predator" means a person to whom either of the	173
following applies:	174

(1) The person has been convicted of or pleaded guilty to	175
committing a sexually oriented offense and is likely to engage in	176
the future in one or more sexually oriented offenses.	177

(2) The person has been adjudicated a delinquent child for	178
committing a sexually oriented offense, was fourteen years of age	179
or older at the time of committing the offense, was classified a	180
juvenile sex offender registrant based on that adjudication, and	181
is likely to engage in the future in one or more sexually oriented	182
offenses.	183

(F) "Supervised release" means a release of an offender from	184
a prison term, a term of imprisonment, or another type of	185
confinement that satisfies either of the following conditions:	186

(1) The release is on parole, a conditional pardon, or	187
probation, under transitional control, or under a post-release	188
control sanction, and it requires the person to report to or be	189
supervised by a parole officer, probation officer, field officer,	190
or another type of supervising officer.	191

(2) The release is any type of release that is not described	192
in division (F)(1) of this section and that requires the person to	193
report to or be supervised by a probation officer, a parole	194
officer, a field officer, or another type of supervising officer.	195

(G) An offender or delinquent child is "adjudicated as being	196
a sexual predator" if any of the following applies and if that	197
status has not been removed pursuant to section 2152.84, 2152.85,	198
or 2950.09 of the Revised Code:	199

(1) The offender is convicted of or pleads guilty to	200
committing, on or after January 1, 1997, a sexually oriented	201
offense that is a sexually violent offense and also is convicted	202
of or pleads guilty to a sexually violent predator specification	203
that was included in the indictment, count in the indictment, or	204
information that charged the sexually violent offense.	205

(2) Regardless of when the sexually oriented offense was	206
committed, on or after January 1, 1997, the offender is sentenced	207
for a sexually oriented offense, and the sentencing judge	208
determines pursuant to division (B) of section 2950.09 of the	209
Revised Code that the offender is a sexual predator.	210

(3) The delinquent child is adjudicated a delinquent child	211
for committing a sexually oriented offense, was fourteen years of	212
age or older at the time of committing the offense, and has been	213
classified a juvenile sex offender registrant based on that	214
adjudication, and the adjudicating judge or that judge's successor	215
in office determines pursuant to division (B) of section 2950.09	216
or pursuant to division (B) of section 2152.83, section 2152.84,	217
or section 2152.85 of the Revised Code that the delinquent child	218
is a sexual predator.	219

(4) Prior to January 1, 1997, the offender was convicted of	220
or pleaded guilty to, and was sentenced for, a sexually oriented	221
offense, the offender is imprisoned in a state correctional	222
institution on or after January 1, 1997, and the court determines	223
pursuant to division (C) of section 2950.09 of the Revised Code	224
that the offender is a sexual predator.	225

(5) Regardless of when the sexually oriented offense was	226
committed, the offender or delinquent child is convicted of or	227
pleads guilty to, has been convicted of or pleaded guilty to, or	228
is adjudicated a delinquent child for committing a sexually	229
oriented offense in another state or in a federal court, military	230
court, or an Indian tribal court, as a result of that conviction,	231
plea of guilty, or adjudication, the offender or delinquent child	232
is required, under the law of the jurisdiction in which the	233
offender was convicted or pleaded guilty or the delinquent child	234
was adjudicated, to register as a sex offender until the	235
offender's or delinquent child's death and to verify the	236
offender's or delinquent child's address on at least a quarterly	237
basis each year, and, on or after July 1, 1997, for offenders or	238
the effective date of this amendmentJanuary 1, 2002, for	239
delinquent children the offender or delinquent child moves to and	240
resides in this state or temporarily is domiciled in this state	241
for more than seven days, unless a court of common pleas or	242
juvenile court determines that the offender or delinquent child is	243
not a sexual predator pursuant to division (F) of section 2950.09	244
of the Revised Code.	245

(H) "Sexually violent predator specification" and "sexually	246
violent offense" have the same meanings as in section 2971.01 of	247
the Revised Code.	248

(I) "Post-release control sanction" and "transitional	249
control" have the same meanings as in section 2967.01 of the	250
Revised Code.	251

(J) "Juvenile sex offender registrant" means a person who is	252
adjudicated a delinquent child for committing on or after the	253
effective date of this amendmentJanuary 1, 2002, a sexually	254
oriented offense, who is fourteen years of age or older at the	255
time of committing the offense, and who a juvenile court judge,	256
pursuant to an order issued under section 2152.82, 2152.83,	257
2152.84, or 2152.85 of the Revised Code, classifies as a juvenile	258
sex offender registrant and specifies has a duty to register under	259
section 2950.04 of the Revised Code.	260

(K) "Secure facility" means any facility that is designed	261
and operated to ensure that all of its entrances and exits are	262
locked and under the exclusive control of its staff and to ensure	263
that, because of that exclusive control, no person who is	264
institutionalized or confined in the facility may leave the	265
facility without permission or supervision.	266

(L) "Out-of-state juvenile sex offender registrant" means a	267
person who is adjudicated a delinquent child for committing a	268
sexually oriented offense in another state or in a federal court,	269
military court, or Indian tribal court, who on or after the	270
effective date of this amendmentJanuary 1, 2002, moves to and	271
resides in this state or temporarily is domiciled in this state	272
for more than seven days, and who under section 2950.04 of the	273
Revised Code has a duty to register in this state as described in	274
that section.	275

(M) "Juvenile court judge" includes a magistrate to whom the	276
juvenile court judge confers duties pursuant to division (A)(15)	277
of section 2151.23 of the Revised Code.	278

Sec. 2950.04. (A)(1) Each of the following types of offender	279
who is convicted of or pleads guilty to, or has been convicted of	280
or pleaded guilty to, a sexually oriented offense shall register	281
personally with the sheriff of the county within seven days of	282
the offender's coming into a county in which the offender resides	283
or temporarily is domiciled for more than seven days:	284

(a) Regardless of when the sexually oriented offense was	285
committed, an offender who is sentenced for the sexually oriented	286
offense to a prison term, a term of imprisonment, or any other	287
type of confinement and, on or after July 1, 1997, is released in	288
any manner from the prison term, term of imprisonment, or	289
confinement;	290

(b) Regardless of when the sexually oriented offense was	291
committed, an offender who is sentenced for a sexually oriented	292
offense on or after July 1, 1997, and to whom division (A)(1)(a)	293
of this section does not apply;	294

(c) If the sexually oriented offense was committed prior to	295
July 1, 1997, and neither division (A)(1)(a) nor division	296
(A)(1)(b) of this section applies, an offender who, immediately	297
prior to July 1, 1997, was a habitual sex offender who was	298
required to register under Chapter 2950. of the Revised Code.	299

(2) Each child who is adjudicated a delinquent child for	300
committing a sexually oriented offense, who is classified a	301
juvenile sex offender registrant based on that adjudication, and	302
who is described in division (A)(2) of this section shall register	303
personally with the sheriff of the county within seven days of the	304
delinquent child's coming into a county in which the delinquent	305
child resides or temporarily is domiciled for more than seven	306
days. If the delinquent child is committed for the sexually	307
oriented offense to the department of youth services or to a	308
secure facility that is not operated by the department, this duty	309
begins when the delinquent child is discharged or released in any	310
manner from custody in a department of youth services secure	311
facility or from the secure facility that is not operated by the	312
department, if pursuant to the discharge or release the delinquent	313
child is not committed to any other secure facility of the	314
department or any other secure facility. The delinquent child does	315
not have a duty to register under this division while the child is	316
in a department of youth services secure facility or in a secure	317
facility that is not operated by the department.	318

(3) If divisions (A)(1) and (2) of this section do not	319
apply, each following type of offender and each following type of	320
delinquent child shall register personally with the sheriff of the	321
county within seven days of the offender's or delinquent child's	322
coming into a county in which the offender or delinquent child	323
resides or temporarily is domiciled for more than seven days:	324

(a) Regardless of when the sexually oriented offense was	325
committed, a person who is convicted of, pleads guilty to, or is	326
adjudicated a delinquent child for committing a sexually oriented	327
offense in another state or in a federal court, military court, or	328
an Indian tribal court, if, on or after July 1, 1997, for	329
offenders, or the effective date of this amendmentJanuary 1,	330
2002, for delinquent children, the offender or delinquent child	331
moves to and resides in this state or temporarily is domiciled in	332
this state for more than seven days, and if, at the time the	333
offender or delinquent child moves to and resides in this state or	334
temporarily is domiciled in this state for more than seven days,	335
the offender or delinquent child has a duty to register as a sex	336
offender under the law of that other jurisdiction as a result of	337
the conviction, guilty plea, or adjudication.	338

(b) Regardless of when the sexually oriented offense was	339
committed, a person who is convicted of, pleads guilty to, or is	340
adjudicated a delinquent child for committing a sexually oriented	341
offense in another state or in a federal court, military court, or	342
an Indian tribal court, if, on or after July 1, 1997, for	343
offenders, or the effective date of this amendmentJanuary 1,	344
2002, for delinquent children, the offender or delinquent child is	345
released from imprisonment, confinement, or detention imposed for	346
that offense, and if, on or after July 1, 1997, for offenders, or	347
the effective date of this amendmentJanuary 1, 2002, for	348
delinquent children, the offender or delinquent child moves to and	349
resides in this state or temporarily is domiciled in this state	350
for more than seven days. The duty to register as described in	351
this division applies to an offender regardless of whether the	352
offender, at the time of moving to and residing in this state or	353
temporarily being domiciled in this state for more than seven	354
days, has a duty to register as a sex offender under the law of	355
the jurisdiction in which the conviction or guilty plea occurred.	356
The duty to register as described in this division applies to a	357
delinquent child only if the delinquent child, at the time of	358
moving to and residing in this state or temporarily being	359
domiciled in this state for more than seven days, has a duty to	360
register as a sex offender under the law of the jurisdiction in	361
which the delinquent child adjudication occurred or if, had the	362
delinquent child adjudication occurred in this state, the	363
adjudicating juvenile court judge would have been required to	364
issue an order classifying the delinquent child as a juvenile sex	365
offender registrant pursuant to section 2152.82 or division (A) of	366
section 2152.83 of the Revised Code.	367

(4) If division (A)(1)(a) of this section applies and if,	368
subsequent to the offender's release, the offender is adjudicated	369
to be a sexual predator under division (C) of section 2950.09 of	370
the Revised Code, the offender shall register within seven days of	371
the adjudication with the sheriff of the county in which the	372
offender resides or temporarily is domiciled for more than seven	373
days and shall register with the sheriff of any county in which	374
the offender subsequently resides or temporarily is domiciled for	375
more than seven days within seven days of coming into that county.	376

(5) A person who is adjudicated a delinquent child for	377
committing a sexually oriented offense is not required to register	378
under division (A)(2) of this section unless the delinquent child	379
committed the offense on or after the effective date of this	380
amendmentJanuary 1, 2002, is classified a juvenile sex offender	381
registrant by a juvenile court judge pursuant to an order issued	382
under section 2152.82, 2152.83, 2152.84, or 2152.85 of the	383
Revised Code based on that adjudication, and has a duty to	384
register pursuant to division (A)(2) of this section.	385

(B) An offender or delinquent child who is required by	386
division (A) of this section to register personally shall obtain	387
from the sheriff or from a designee of the sheriff a registration	388
form that conforms to division (C) of this section, shall complete	389
and sign the form, and shall return the completed form together	390
with the offender's or delinquent child's photograph to the	391
sheriff or the designee. The sheriff or designee shall sign the	392
form and indicate on the form the date on which it is so returned.	393
The registration required under this division is complete when the	394
offender or delinquent child returns the form, containing the	395
requisite information, photograph, signatures, and date, to the	396
sheriff or designee.	397

(C) The registration form to be used under divisions (A) and	398
(B) of this section shall contain the current residence address of	399
the offender or delinquent child who is registering, the name and	400
address of the offender's or delinquent child's employer, if the	401
offender or delinquent child is employed at the time of	402
registration or if the offender or delinquent child knows at the	403
time of registration that the offender or delinquent child will be	404
commencing employment with that employer subsequent to	405
registration, and any other information required by the bureau of	406
criminal identification and investigation and shall include the	407
offender's or delinquent child's photograph. Additionally, if the	408
offender or delinquent child has been adjudicated as being a	409
sexual predator relative to the sexually oriented offense in	410
question and the court has not subsequently determined pursuant to	411
division (D) of section 2950.09, section 2152.84, or section	412
2152.85 of the Revised Code that the offender or delinquent child	413
no longer is a sexual predator or if the judge determined	414
pursuant to division (C) of section 2950.09, division (B) of	415
section 2152.83, section 2152.84, or section 2152.85 of the	416
Revised Code that the offender or delinquent child is a habitual	417
sex offender, and the determination has not been removed pursuant	418
to section 2152.84 or 2152.85 of the Revised Code, the offender or	419
delinquent child shall include on the signed, written registration	420
form all of the following information:	421

(1) A specific declaration that the person has been	422
adjudicated as being a sexual predator or has been determined to	423
be a habitual sex offender, whichever is applicable;	424

(2) If the offender or delinquent child has been adjudicated	425
as being a sexual predator, the identification license plate	426
number of each motor vehicle the offender or delinquent child owns	427
and of each motor vehicle registered in the offender's or	428
delinquent child's name.	429

(D) After an offender or delinquent child registers with a	430
sheriff pursuant to this section, the sheriff shall forward the	431
signed, written registration form and photograph to the bureau of	432
criminal identification and investigation in accordance with the	433
forwarding procedures adopted pursuant to section 2950.13 of the	434
Revised Code. The bureau shall include the information and	435
materials forwarded to it under this division in the state	436
registry of sex offenders established and maintained under section	437
2950.13 of the Revised Code.	438

(E) No person who is required to register pursuant to	439
divisions (A) and (B) of this section shall fail to register as	440
required in accordance with those divisions or that division.	441

(F) An offender or delinquent child who is required to	442
register pursuant to divisions (A) and (B) of this section shall	443
register pursuant to this section for the period of time specified	444
in section 2950.07 of the Revised Code.	445

(G) If an offender or delinquent child who is required by	446
division (A) of this section to register is adjudicated a sexual	447
predator or a habitual sexual offender subject to community	448
notification under division (C)(2) or (E) of section 2950.09 of	449
the Revised Code, the offender or delinquent child also shall send	450
the sheriff of the county in which the offender or delinquent	451
child intends to reside written notice of the offender's or	452
delinquent child's intent to reside in the county. The offender or	453
delinquent child shall send the notice of intent to reside at	454
least twenty days prior to the date the offender or delinquent	455
child begins to reside in the county. The notice of intent to	456
reside shall contain the following information:	457

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

458

(2) The address or addresses at which the offender or	459
delinquent child intends to reside;	460

(3) The sexually oriented offense of which the offender was	461
convicted, to which the offender pleaded guilty, or for which the	462
child was adjudicated a delinquent child;	463

(4) A statement that the offender or delinquent child has	464
been adjudicated as being a sexual predator and that, as of the	465
date of the notice, the court has not entered a determination that	466
the offender or delinquent child no longer is a sexual predator,	467
or a statement that the sentencing or reviewing judge has	468
determined that the offender or delinquent child is a habitual sex	469
offender and that, as of the date of the notice, the determination	470
has not been removed pursuant to section 2152.84 or 2152.85 of the	471
Revised Code.	472

Sec. 2950.05.  (A) If an offender or delinquent child is	473
required to register pursuant to section 2950.04 of the Revised	474
Code, the offender or delinquent child, at least seventwenty days	475
prior to changing the offender's or delinquent child's residence	476
address during the period during which the offender or delinquent	477
child is required to register, shall provide written notice of the	478
residence address change to the sheriff with whom the offender or	479
delinquent child most recently registered under section 2950.04 of	480
the Revised Code or under division (B) of this section.	481

(B) If an offender or delinquent child is required to	482
provide notice of a residence address change under division (A) of	483
this section, the offender or delinquent child, at least seven	484
twenty days prior to changing the residence address, also shall	485
register the new residence address in the manner described in	486
divisions (B) and (C) of section 2950.04 of the Revised Code with	487
the sheriff of the county in which the offender's or delinquent	488
child's new residence address is located, subject to division (C)	489
of this section.	490

(C) Divisions (A) and (B) of this section apply to a person	491
who is required to register pursuant to section 2950.04 of the	492
Revised Code regardless of whether the new residence address is in	493
this state or in another state. If the new residence address is	494
in another state, the person shall register with the appropriate	495
law enforcement officials in that state in the manner required	496
under the law of that state and within the earlier of the period	497
of time required under the law of that state or at least seven	498
days prior to changing the residence address.	499

(D)(1) Upon receiving from an offender or delinquent child	500
pursuant to division (A) of this section notice of a change of the	501
offender's or delinquent child's residence address, a sheriff	502
promptly shall forward the new residence address to the bureau of	503
criminal identification and investigation in accordance with the	504
forwarding procedures adopted pursuant to section 2950.13 of the	505
Revised Code if the new residence address is in another state or,	506
if the offender's or delinquent child's new residence address is	507
located in another county in this state, to the sheriff of that	508
county. The bureau shall include all information forwarded to it	509
under this division in the state registry of sex offenders	510
established and maintained under section 2950.13 of the Revised	511
Code and shall forward notice of the offender's or delinquent	512
child's new residence address to the appropriate officials in the	513
other state.	514

(2) When an offender or delinquent child registers a new	515
residence address pursuant to division (B) of this section, the	516
sheriff with whom the offender or delinquent child registers and	517
the bureau of criminal identification and investigation shall	518
comply with division (D) of section 2950.04 of the Revised Code.	519

(E)(1) No person who is required to notify a sheriff of a	520
change of address pursuant to division (A) of this section shall	521
fail to notify the appropriate sheriff in accordance with that	522
division.	523

(2) No person who is required to register a new residence	524
address with a sheriff or with an official of another state	525
pursuant to divisions (B) and (C) of this section shall fail to	526
register with the appropriate sheriff or official of the other	527
state in accordance with those divisions.	528

(F) An offender or delinquent child who is required to	529
comply with divisions (A), (B), and (C) of this section shall do	530
so for the period of time specified in section 2950.07 of the	531
Revised Code.	532

Sec. 2950.09. (A) If a person is convicted of or pleads	533
guilty to committing, on or after January 1, 1997, a sexually	534
oriented offense that is a sexually violent offense and also is	535
convicted of or pleads guilty to a sexually violent predator	536
specification that was included in the indictment, count in the	537
indictment, or information charging the sexually violent offense,	538
the conviction of or plea of guilty to the specification	539
automatically classifies the offender as a sexual predator for	540
purposes of this chapter. If a person is convicted of, pleads	541
guilty to, or is adjudicated a delinquent child for committing, a	542
sexually oriented offense in another state, or in a federal court,	543
military court, or an Indian tribal court and if, as a result of	544
that conviction, plea of guilty, or adjudication, the person is	545
required, under the law of the jurisdiction in which the person	546
was convicted, pleaded guilty, or was adjudicated, to register as	547
a sex offender until the person's death and is required to verify	548
the person's address on at least a quarterly basis each year, that	549
conviction, plea of guilty, or adjudication automatically	550
classifies the person as a sexual predator for the purposes of	551
this chapter, but the person may challenge that classification	552
pursuant to division (F) of this section. In all other cases, a	553
person who is convicted of or pleads guilty to, has been	554
convicted of or pleaded guilty to, or is adjudicated a delinquent	555
child for committing, a sexually oriented offense may be	556
classified as a sexual predator for purposes of this chapter only	557
in accordance with division (B) or (C) of this section or,	558
regarding delinquent children, divisions (B) and (C) of section	559
2152.83 of the Revised Code.	560

(B)(1) The judge who is to impose sentence on a person who is	561
convicted of or pleads guilty to a sexually oriented offense or	562
the judge who is to impose or has imposed, pursuant to section	563
2152.82 or division (A) of section 2152.83 of the Revised Code, an	564
order of disposition upon a child who is adjudicated a delinquent	565
child for committing on or after the effective date of this	566
amendmentJanuary 1, 2002, a sexually oriented offense shall	567
conduct a hearing to determine whether the offender is a sexual	568
predator if any of the following circumstances apply:	569

(a) Regardless of when the sexually oriented offense was	570
committed, the offender is to be sentenced on or after January 1,	571
1997, for a sexually oriented offense that is not a sexually	572
violent offense.	573

(b) Regardless of when the sexually oriented offense was	574
committed, the offender is to be sentenced on or after January 1,	575
1997, for a sexually oriented offense that is a sexually violent	576
offense and a sexually violent predator specification was not	577
included in the indictment, count in the indictment, or	578
information charging the sexually violent offense.	579

(c) The delinquent child was classified a juvenile sex	580
offender registrant pursuant to section 2152.82 or division (A) of	581
section 2152.83 of the Revised Code. A judge shall not conduct a	582
hearing under division (B) of this section regarding a delinquent	583
child unless the delinquent child is in the category of delinquent	584
children described in this division.	585

(d) Regardless of when the sexually oriented offense was	586
committed, the offender is to be sentenced on or after the	587
effective date of this amendment for a sexually oriented offense,	588
and that offender was acquitted of a sexually violent predator	589
specification that was included in the indictment, count in the	590
indictment, or information charging the sexually oriented offense.	591

(2) The judge shall conduct the hearing prior to sentencing	592
and, if the sexually oriented offense is a felony and if the	593
hearing is being conducted under division (B)(1)(a) or, (b), or	594
(c) of this section, the judge may conduct it as part of the	595
sentencing hearing required by section 2929.19 of the Revised	596
Code. The court shall give the offender or delinquent child and	597
the prosecutor who prosecuted the offender or handled the case	598
against the delinquent child for the sexually oriented offense	599
notice of the date, time, and location of the hearing. At the	600
hearing, the offender or delinquent child and the prosecutor shall	601
have an opportunity to testify, present evidence, call and examine	602
witnesses and expert witnesses, and cross-examine witnesses and	603
expert witnesses regarding the determination as to whether the	604
offender or delinquent child is a sexual predator. The offender or	605
delinquent child shall have the right to be represented by counsel	606
and, if indigent, the right to have counsel appointed to represent	607
the offender or delinquent child.	608

(3) In making a determination under divisions (B)(1) and (4)	609
of this section as to whether an offender or delinquent child is a	610
sexual predator, the judge shall consider all relevant factors,	611
including, but not limited to, all of the following:	612

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

613

(b) The offender's or delinquent child's prior criminal or	614
delinquency record regarding all offenses, including, but not	615
limited to, all sexual offenses;	616

(c) The age of the victim of the sexually oriented offense	617
for which sentence is to be imposed or the order of disposition is	618
to be made;	619

(d) Whether the sexually oriented offense for which sentence	620
is to be imposed or the order of disposition is to be made	621
involved multiple victims;	622

(e) Whether the offender or delinquent child used drugs or	623
alcohol to impair the victim of the sexually oriented offense or	624
to prevent the victim from resisting;	625

(f) If the offender or delinquent child previously has been	626
convicted of or pleaded guilty to, or been adjudicated a	627
delinquent child for committing an act that if committed by an	628
adult would be, a criminal offense, whether the offender or	629
delinquent child completed any sentence or dispositional order	630
imposed for the prior offense or act and, if the prior offense or	631
act was a sex offense or a sexually oriented offense, whether the	632
offender or delinquent child participated in available programs	633
for sexual offenders;	634

(g) Any mental illness or mental disability of the offender	635
or delinquent child;	636

(h) The nature of the offender's or delinquent child's	637
sexual conduct, sexual contact, or interaction in a sexual context	638
with the victim of the sexually oriented offense and whether the	639
sexual conduct, sexual contact, or interaction in a sexual context	640
was part of a demonstrated pattern of abuse;	641

(i) Whether the offender or delinquent child, during the	642
commission of the sexually oriented offense for which sentence is	643
to be imposed or the order of disposition is to be made, displayed	644
cruelty or made one or more threats of cruelty;	645

(j) Any additional behavioral characteristics that	646
contribute to the offender's or delinquent child's conduct.	647

(4) After reviewing all testimony and evidence presented at	648
the hearing conducted under division (B)(1) of this section and	649
the factors specified in division (B)(3) of this section, the	650
court shall determine by clear and convincing evidence whether the	651
subject offender or delinquent child is a sexual predator. If the	652
court determines that the subject offender or delinquent child is	653
not a sexual predator, the court shall specify in the offender's	654
sentence and the judgment of conviction that contains the sentence	655
or in the delinquent child's dispositional order, as appropriate,	656
that the court has determined that the offender or delinquent	657
child is not a sexual predator. If the court determines by clear	658
and convincing evidence that the subject offender or delinquent	659
child is a sexual predator, the court shall specify in the	660
offender's sentence and the judgment of conviction that contains	661
the sentence or in the delinquent child's dispositional order, as	662
appropriate, that the court has determined that the offender or	663
delinquent child is a sexual predator and shall specify that the	664
determination was pursuant to division (B) of this section. The	665
offender or delinquent child and the prosecutor who prosecuted the	666
offender or handled the case against the delinquent child for the	667
sexually oriented offense in question may appeal as a matter of	668
right the court's determination under this division as to whether	669
the offender or delinquent child is, or is not, a sexual predator.	670

(5) A hearing shall not be conducted under division (B) of	671
this section regarding an offender if the sexually oriented	672
offense in question is a sexually violent offense and, if the	673
indictment, count in the indictment, or information charging the	674
offense also included a sexually violent predator specification,	675
and if the offender is convicted of or pleads guilty to that	676
sexually violent predator specification.	677

(C)(1) If a person was convicted of or pleaded guilty to a	678
sexually oriented offense prior to January 1, 1997, if the person	679
was not sentenced for the offense on or after January 1, 1997, and	680
if, on or after January 1, 1997, the offender is serving a term of	681
imprisonment in a state correctional institution, the department	682
of rehabilitation and correction shall determine whether to	683
recommend that the offender be adjudicated as being a sexual	684
predator. In making a determination under this division as to	685
whether to recommend that the offender be adjudicated as being a	686
sexual predator, the department shall consider all relevant	687
factors, including, but not limited to, all of the factors	688
specified in division (B)(2) of this section. If the department	689
determines that it will recommend that the offender be adjudicated	690
as being a sexual predator, it immediately shall send the	691
recommendation to the court that sentenced the offender and shall	692
enter its determination and recommendation in the offender's	693
institutional record, and the court shall proceed in accordance	694
with division (C)(2) of this section.	695

(2)(a) If, pursuant to division (C)(1) of this section, the	696
department of rehabilitation and correction sends to a court a	697
recommendation that an offender who has been convicted of or	698
pleaded guilty to a sexually oriented offense be adjudicated as	699
being a sexual predator, the court is not bound by the	700
department's recommendation, and the court may conduct a hearing	701
to determine whether the offender is a sexual predator. The court	702
may deny the recommendation and determine that the offender is not	703
a sexual predator without a hearing but shall not make a	704
determination that the offender is a sexual predator in any case	705
without a hearing. The court may hold the hearing and make the	706
determination prior to the offender's release from imprisonment or	707
at any time within one year following the offender's release from	708
that imprisonment. If the court determines without a hearing that	709
the offender is not a sexual predator, it shall include its	710
determination in the offender's institutional record and shall	711
determine whether the offender previously has been convicted of or	712
pleaded guilty to a sexually oriented offense other than the	713
offense in relation to which the court determined that the	714
offender is not a sexual predator.	715

The court may make the determination as to whether the	716
offender previously has been convicted of or pleaded guilty to a	717
sexually oriented offense without a hearing, but, if the court	718
determines that the offender previously has been convicted of or	719
pleaded guilty to such an offense, it shall not impose a	720
requirement that the offender be subject to the community	721
notification provisions regarding the offender's place of	722
residence that are contained in sections 2950.10 and 2950.11 of	723
the Revised Code without a hearing. The court may conduct a	724
hearing to determine both whether the offender previously has been	725
convicted of or pleaded guilty to a sexually oriented offense and	726
whether to impose a requirement that the offender be subject to	727
the community notification provisions as described in this	728
division, or may conduct a hearing solely to make the latter	729
determination. The court shall include in the offender's	730
institutional record any determination made under this division as	731
to whether the offender previously has been convicted of or	732
pleaded guilty to a sexually oriented offense, and, as such,	733
whether the offender is a habitual sex offender.	734

(b) If the court schedules a hearing under division	735
(C)(2)(a) of this section, the court shall give the offender and	736
the prosecutor who prosecuted the offender for the sexually	737
oriented offense, or that prosecutor's successor in office, notice	738
of the date, time, and place of the hearing. If the hearing is to	739
determine whether the offender is a sexual predator, it shall be	740
conducted in the manner described in division (B)(1) of this	741
section regarding hearings conducted under that division and, in	742
making a determination under this division as to whether the	743
offender is a sexual predator, the court shall consider all	744
relevant factors, including, but not limited to, all of the	745
factors specified in division (B)(2) of this section. After	746
reviewing all testimony and evidence presented at the sexual	747
predator hearing and the factors specified in division (B)(2) of	748
this section, the court shall determine by clear and convincing	749
evidence whether the offender is a sexual predator. If the court	750
determines that the offender is not a sexual predator, it also	751
shall determine whether the offender previously has been convicted	752
of or pleaded guilty to a sexually oriented offense other than the	753
offense in relation to which the hearing is being conducted.	754

Upon making its determinations at the hearing, the court	755
shall proceed as follows:	756

(i) If the hearing is to determine whether the offender is a	757
sexual predator, and if the court determines that the offender is	758
not a sexual predator and that the offender previously has not	759
been convicted of or pleaded guilty to a sexually oriented offense	760
other than the offense in relation to which the hearing is being	761
conducted, it shall include its determinations in the offender's	762
institutional record.	763

(ii) If the hearing is to determine whether the offender is	764
a sexual predator, and if the court determines that the offender	765
is not a sexual predator but that the offender previously has been	766
convicted of or pleaded guilty to a sexually oriented offense	767
other than the offense in relation to which the hearing is being	768
conducted, it shall include its determination that the offender is	769
not a sexual predator but is a habitual sex offender in the	770
offender's institutional record, shall attach the determinations	771
to the offender's sentence, shall specify that the determinations	772
were pursuant to division (C) of this section, shall provide a	773
copy of the determinations to the offender, to the prosecuting	774
attorney, and to the department of rehabilitation and correction,	775
and may impose a requirement that the offender be subject to the	776
community notification provisions regarding the offender's place	777
of residence that are contained in sections 2950.10 and 2950.11 of	778
the Revised Code. The offender shall not be subject to those	779
community notification provisions relative to the sexually	780
oriented offense in question if the court does not so impose the	781
requirement described in this division. If the court imposes	782
those community notification provisions, the offender may appeal	783
the judge's determination that the offender is a habitual sex	784
offender.	785

(iii) If the hearing is to determine whether the offender	786
previously has been convicted of or pleaded guilty to a sexually	787
oriented offense other than the offense in relation to which the	788
hearing is being conducted and whether to impose a requirement	789
that the offender be subject to the specified community	790
notification provisions, and if the court determines that the	791
offender previously has been convicted of or pleaded guilty to	792
such an offense, the court shall proceed as described in division	793
(C)(2)(b)(ii) of this section and may impose a community	794
notification requirement as described in that division. The	795
offender shall not be subject to the specified community	796
notification provisions relative to the sexually oriented offense	797
in question if the court does not so impose the requirement	798
described in that division. If the court imposes those community	799
notification provisions, the offender may appeal the judge's	800
determination that the offender is a habitual sex offender.	801

(iv) If the court determined without a hearing that the	802
offender previously has been convicted of or pleaded guilty to a	803
sexually oriented offense other than the offense in relation to	804
which the court determined that the offender is not a sexual	805
predator, and, as such, is a habitual sex offender, and the	806
hearing is solely to determine whether to impose a requirement	807
that the offender be subject to the specified community	808
notification provisions, after the hearing, the court may impose a	809
community notification requirement as described in division	810
(C)(2)(b)(ii) of this section. The offender shall not be subject	811
to the specified community notification provisions relative to the	812
sexually oriented offense in question if the court does not so	813
impose the requirement described in that division. If the court	814
imposes those community notification provisions, the offender may	815
appeal the judge's determination that the offender is a habitual	816
sex offender.	817

(v) If the hearing is to determine whether the offender is a	818
sexual predator, and if the court determines by clear and	819
convincing evidence that the offender is a sexual predator, it	820
shall enter its determination in the offender's institutional	821
record, shall attach the determination to the offender's sentence,	822
shall specify that the determination was pursuant to division (C)	823
of this section, and shall provide a copy of the determination to	824
the offender, to the prosecuting attorney, and to the department	825
of rehabilitation and correction. The offender and the prosecutor	826
may appeal as a matter of right the judge's determination under	827
this division as to whether the offender is, or is not, a sexual	828
predator.	829

(D)(1) Division (D) of this section applies to persons who	830
have been convicted of or pleaded guilty to a sexually oriented	831
offense. The procedures set forth in division (D) of this section	832
regarding a determination of whether a person no longer is a	833
sexual predator also apply, to the extent specified in section	834
2152.84 or 2152.85 of the Revised Code, to persons who have been	835
adjudicated a delinquent child for committing a sexually oriented	836
offense and have been determined by a juvenile court judge to be a	837
sexual predator. A person who has been adjudicated a delinquent	838
child for committing a sexually oriented offense and who has been	839
classified by a juvenile court judge a juvenile sex offender	840
registrant or, if applicable, additionally has been determined by	841
a juvenile court judge to be a sexual predator or habitual sex	842
offender, may petition the adjudicating court for a	843
reclassification or declassification pursuant to section 2152.85	844
of the Revised Code.	845

Upon the expiration of the applicable period of time	846
specified in division (D)(1)(a) or (b) of this section, an	847
offender who has been convicted of or pleaded guilty to a sexually	848
oriented offense and who has been adjudicated as being a sexual	849
predator relative to the sexually oriented offense in the manner	850
described in division (B) or (C) of this section may petition the	851
judge who made the determination that the offender was a sexual	852
predator, or that judge's successor in office, to enter a	853
determination that the offender no longer is a sexual predator.	854
Upon the filing of the petition, the judge may review the prior	855
sexual predator determination that comprises the sexually violent	856
sexual predator adjudication, and, upon consideration of all	857
relevant evidence and information, including, but not limited to,	858
the factors set forth in division (B)(3) of this section, either	859
shall enter a determination that the offender no longer is a	860
sexual predator or shall enter an order denying the petition. The	861
judge shall not enter a determination under this division that the	862
offender no longer is a sexual predator unless the judge	863
determines by clear and convincing evidence that the offender is	864
unlikely to commit a sexually oriented offense in the future. If	865
the judge enters a determination under this division that the	866
offender no longer is a sexual predator, the judge shall notify	867
the bureau of criminal identification and investigation and the	868
parole board of the determination. Upon receipt of the	869
notification, the bureau promptly shall notify the sheriff with	870
whom the offender most recently registered under section 2950.04	871
or 2950.05 of the Revised Code of the determination that the	872
offender no longer is a sexual predator. If the judge enters an	873
order denying the petition, the prior adjudication of the offender	874
as a sexual predator shall remain in effect. An offender	875
determined to be a sexual predator in the manner described in	876
division (B) or (C) of this section may file a petition under this	877
division after the expiration of the following periods of time:	878

(a) Regardless of when the sexually oriented offense was	879
committed, if, on or after January 1, 1997, the offender is	880
imprisoned or sentenced to a prison term or other confinement for	881
the sexually oriented offense in relation to which the	882
determination was made, the offender initially may file the	883
petition not earlier than one year prior to the offender's release	884
from the imprisonment, prison term, or other confinement by	885
discharge, parole, judicial release, or any other final release.	886
If the offender is sentenced on or after January 1, 1997, for the	887
sexually oriented offense in relation to which the determination	888
is made and is not imprisoned or sentenced to a prison term or	889
other confinement for the sexually oriented offense, the offender	890
initially may file the petition upon the expiration of one year	891
after the entry of the offender's judgment of conviction.	892

(b) After the offender's initial filing of a petition under	893
division (D)(1)(a) of this section, thereafter, an offender may	894
file a petition under this division upon the expiration of five	895
years after the court has entered an order denying the petition	896
under division (D)(1)(a) of this section or the most recent	897
petition the offender has filed under this division.	898

(2) Except as otherwise provided in this division, division	899
(D)(1) of this section does not apply to a person who is	900
classified as a sexual predator pursuant to division (A) of this	901
section. If a person who is so classified was sentenced to a	902
prison term pursuant to division (A)(3) of section 2971.03 of the	903
Revised Code and if the sentencing court terminates the offender's	904
prison term as provided in division (D) of section 2971.05 of the	905
Revised Code, the court's termination of the prison term	906
automatically shall constitute a determination by the court that	907
the offender no longer is a sexual predator. If the court so	908
terminates the offender's prison term, the court shall notify the	909
bureau of criminal identification and investigation and the parole	910
board of the determination that the offender no longer is a sexual	911
predator. Upon receipt of the notification, the bureau promptly	912
shall notify the sheriff with whom the offender most recently	913
registered under section 2950.04 or 2950.05 of the Revised Code	914
that the offender no longer is a sexual predator. If an offender	915
who is classified as a sexual predator pursuant to division (A) of	916
this section is released from prison pursuant to a pardon or	917
commutation, the classification of the offender as a sexual	918
predator shall remain in effect after the offender's release, and	919
the offender may file one or more petitions in accordance with the	920
procedures and time limitations contained in division (D)(1) of	921
this section for a determination that the offender no longer is a	922
sexual predator.	923

(E) If a person is convicted of or pleads guilty to	924
committing, on or after January 1, 1997, a sexually oriented	925
offense, the judge who is to impose sentence on the offender shall	926
determine, prior to sentencing, whether the offender previously	927
has been convicted of or pleaded guilty to a sexually oriented	928
offense. If a person is classified a juvenile sex offender	929
registrant, pursuant to section 2152.82 or division (A) of section	930
2152.83 of the Revised Code, the adjudicating judge shall	931
determine, prior to entering the order classifying the delinquent	932
child a juvenile sex offender registrant, whether the delinquent	933
child previously has been adjudicated a delinquent child for	934
committing a sexually oriented offense. If the adjudicating judge	935
has classified the delinquent child under division (A) of section	936
2152.83 of the Revised Code based on that adjudication a juvenile	937
sex offender registrant, the judge shall determine, prior to	938
entering the classification order, whether the delinquent child	939
previously has been adjudicated a delinquent child for committing	940
a sexually oriented offense. If the judge determines that the	941
offender previously has not been convicted of or pleaded guilty to	942
a sexually oriented offense or that the delinquent child	943
previously has not been adjudicated a delinquent child for	944
committing a sexually oriented offense, the judge shall specify in	945
the offender's sentence or in the order classifying the delinquent	946
child a juvenile sex offender registrant that the judge has	947
determined that the offender or delinquent child is not a habitual	948
sex offender. If the judge determines that the offender	949
previously has been convicted of or pleaded guilty to a sexually	950
oriented offense or that the delinquent child previously has been	951
adjudicated a delinquent child for committing a sexually oriented	952
offense, the judge shall specify in the offender's sentence and	953
the judgment of conviction that contains the sentence or in the	954
order classifying the delinquent child a juvenile sex offender	955
registrant that the judge has determined that the offender or	956
delinquent child is a habitual sex offender and may impose a	957
requirement in that sentence and judgment of conviction or in that	958
order that the offender or delinquent child be subject to the	959
community notification provisions regarding the offender's or	960
delinquent child's place of residence that are contained in	961
sections 2950.10 and 2950.11 of the Revised Code. Unless the	962
habitual sex offender also has been adjudicated as being a sexual	963
predator relative to the sexually oriented offense in question,	964
the offender or delinquent child shall be subject to those	965
community notification provisions only if the court imposes the	966
requirement described in this division in the offender's sentence	967
and the judgment of conviction or in the order classifying the	968
delinquent child a juvenile sex offender registrant.	969

(F)(1) An offender or delinquent child classified as a	970
sexual predator may petition the court of common pleas or, for a	971
delinquent child, the juvenile court of the county in which the	972
offender or delinquent child resides or temporarily is domiciled	973
to enter a determination that the offender or delinquent child is	974
not an adjudicated sexual predator in this state for purposes of	975
the sex offender registration requirements of this chapter or the	976
community notification provisions contained in sections 2950.10	977
and 2950.11 of the Revised Code if all of the following apply:	978

(a) The offender or delinquent child was convicted of,	979
pleaded guilty to, or was adjudicated a delinquent child for	980
committing, a sexually oriented offense in another state or in a	981
federal court, a military court, or an Indian tribal court.	982

(b) As a result of the conviction, plea of guilty, or	983
adjudication described in division (F)(1)(a) of this section, the	984
offender or delinquent child is required under the law of the	985
jurisdiction under which the offender or delinquent child was	986
convicted, pleaded guilty, or was adjudicated to register as a sex	987
offender until the offender's or delinquent child's death and is	988
required to verify the offender's or delinquent child's address on	989
at least a quarterly basis each year.	990

(c) The offender or delinquent child was automatically	991
classified as a sexual predator under division (A) of this section	992
in relation to the conviction, guilty plea, or adjudication	993
described in division (F)(1)(a) of this section.	994

(2) The court may enter a determination that the offender or	995
delinquent child filing the petition described in division (F)(1)	996
of this section is not an adjudicated sexual predator in this	997
state for purposes of the sex offender registration requirements	998
of this chapter or the community notification provisions contained	999
in sections 2950.10 and 2950.11 of the Revised Code only if the	1000
offender or delinquent child proves by clear and convincing	1001
evidence that the requirement of the other jurisdiction that the	1002
offender or delinquent child register as a sex offender until the	1003
offender's or delinquent child's death and the requirement that	1004
the offender or delinquent child verify the offender's or	1005
delinquent child's address on at least a quarterly basis each year	1006
is not substantially similar to a classification as a sexual	1007
predator for purposes of this chapter.	1008

Sec. 2950.11.  (A) As used in this section, "specified	1009
geographical notification area" means the geographic area or areas	1010
within which the attorney general, by rule adopted under section	1011
2950.13 of the Revised Code, requires the notice described in	1012
division (B) of this section to be given to the persons identified	1013
in divisions (A)(2) to (8) of this section. If a person is	1014
convicted of or pleads guilty to, or has been convicted of or	1015
pleaded guilty to, a sexually oriented offense or a person is	1016
adjudicated a delinquent child for committing a sexually oriented	1017
offense and is classified a juvenile sex offender registrant or is	1018
an out-of-state juvenile sex offender registrant based on that	1019
adjudication, and if the offender or delinquent child has been	1020
adjudicated as being a sexual predator relative to the sexually	1021
oriented offense and the court has not subsequently determined	1022
pursuant to division (D) of section 2950.09, section 2152.84, or	1023
section 2152.85 of the Revised Code that the offender or	1024
delinquent child no longer is a sexual predator or the offender or	1025
delinquent child has been determined pursuant to division (C)(2)	1026
or (E) of section 2950.09, division (B) of section 2152.83,	1027
section 2152.84, or section 2152.85 of the Revised Code to be a	1028
habitual sex offender, the court has imposed a requirement under	1029
that division or section subjecting the habitual sex offender to	1030
this section, and the determination has not been removed pursuant	1031
to section 2152.84 or 2152.85 of the Revised Code, the sheriff	1032
with whom the offender or delinquent child has most recently	1033
registered under section 2950.04 or 2950.05 of the Revised Code	1034
and the sheriff to whom the offender or delinquent child most	1035
recently sent a notice of intent to reside under section 2950.04	1036
of the Revised Code, within the period of time specified in	1037
division (C) of this section, shall provide a written notice	1038
containing the information set forth in division (B) of this	1039
section to all of the following persons:	1040

(1) All occupants of residences adjacent towithin one	1041
thousand feet of the offender's or delinquent child's place of	1042
residence that are located within the county served by the sheriff	1043
and all additional neighbors of the offender or delinquent child	1044
who are within any category that the attorney general by rule	1045
adopted under section 2950.13 of the Revised Code requires to be	1046
provided the notice and who reside within the county served by the	1047
sheriff;	1048

(2) The executive director of the public children services	1049
agency that has jurisdiction within the specified geographical	1050
notification area and that is located within the county served by	1051
the sheriff;	1052

(3)(a) The superintendent of each board of education of a	1053
school district that has schools within the specified geographical	1054
notification area and that is located within the county served by	1055
the sheriff;	1056

(b) The principal of the school within the specified	1057
geographical notification area and within the county served by the	1058
sheriff that the delinquent child attends;	1059

(c) If the delinquent child attends a school outside of the	1060
specified geographical notification area or outside of the school	1061
district where the delinquent child resides, the superintendent of	1062
the board of education of a school district that governs the	1063
school that the delinquent child attends and the principal of the	1064
school that the delinquent child attends.	1065

(4)(a) The appointing or hiring officer of each chartered	1066
nonpublic school located within the specified geographical	1067
notification area and within the county served by the sheriff or	1068
of each other school located within the specified geographical	1069
notification area and within the county served by the sheriff and	1070
that is not operated by a board of education described in division	1071
(A)(3) of this section;	1072

(b) Regardless of the location of the school, the appointing	1073
or hiring officer of a chartered nonpublic school that the	1074
delinquent child attends.	1075

(5) The director, head teacher, elementary principal, or	1076
site administrator of each preschool program governed by Chapter	1077
3301. of the Revised Code that is located within the specified	1078
geographical notification area and within the county served by the	1079
sheriff;	1080

(6) The administrator of each child day-care center or type	1081
A family day-care home that is located within the specified	1082
geographical notification area and within the county served by the	1083
sheriff, and the provider of each certified type B family day-care	1084
home that is located within the specified geographical	1085
notification area and within the county served by the sheriff. As	1086
used in this division, "child day-care center," "type A family	1087
day-care home," and "certified type B family day-care home" have	1088
the same meanings as in section 5104.01 of the Revised Code.	1089

(7) The president or other chief administrative officer of	1090
each institution of higher education, as defined in section	1091
2907.03 of the Revised Code, that is located within the specified	1092
geographical notification area and within the county served by the	1093
sheriff, and the chief law enforcement officer of the state	1094
university law enforcement agency or campus police department	1095
established under section 3345.04 or 1713.50 of the Revised Code,	1096
if any, that serves that institution;	1097

(8) The sheriff of each county that includes any portion of	1098
the specified geographical notification area;	1099

(9) If the offender or delinquent child resides within the	1100
county served by the sheriff, the chief of police, marshal, or	1101
other chief law enforcement officer of the municipal corporation	1102
in which the offender or delinquent child resides or, if the	1103
offender or delinquent child resides in an unincorporated area,	1104
the constable or chief of the police department or police district	1105
police force of the township in which the offender or delinquent	1106
child resides.	1107

(B) The notice required under division (A) of this section	1108
shall include all of the following information regarding the	1109
subject offender or delinquent child:	1110

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

1111

(2) The address or addresses at which the offender or	1112
delinquent child resides;	1113

(3) The sexually oriented offense of which the offender was	1114
convicted, to which the offender pleaded guilty, or for which the	1115
child was adjudicated a delinquent child;	1116

(4) A statement that the offender or delinquent child has	1117
been adjudicated as being a sexual predator and that, as of the	1118
date of the notice, the court has not entered a determination that	1119
the offender or delinquent child no longer is a sexual predator,	1120
or a statement that the sentencing or reviewing judge has	1121
determined that the offender or delinquent child is a habitual sex	1122
offender and that, as of the date of the notice, the determination	1123
has not been removed pursuant to section 2152.84 or 2152.85 of the	1124
Revised Code.	1125

(C) If a sheriff with whom an offender or delinquent child	1126
registers under section 2950.04 or 2950.05 of the Revised Code or	1127
to whom the offender or delinquent child most recently sent a	1128
notice of intent to reside under section 2950.04 of the Revised	1129
Code is required by division (A) of this section to provide	1130
notices regarding an offender or delinquent child and if, pursuant	1131
to that requirement, the sheriff provides a notice to a sheriff of	1132
one or more other counties in accordance with division (A)(8) of	1133
this section, the sheriff of each of the other counties who is	1134
provided notice under division (A)(8) of this section shall	1135
provide the notices described in divisions (A)(1) to (7) and	1136
(A)(9) of this section to each person or entity identified within	1137
those divisions that is located within the geographical	1138
notification area and within the county served by the sheriff in	1139
question.	1140

(D)(1) A sheriff required by division (A) or (C) of this	1141
section to provide notices regarding an offender or delinquent	1142
child shall provide the notice to the neighbors that isare	1143
described in division (A)(1) of this section and the notices to	1144
law enforcement personnel that are described in divisions (A)(8)	1145
and (9) of this section no later than seventy-two hours after the	1146
offender sends the notice of intent to reside to the sheriff and	1147
again no later than seventy-two hours after the offender or	1148
delinquent child registers with the sheriff or, if the sheriff is	1149
required by division (C) to provide the notices, no later than	1150
seventy-two hours after the sheriff is provided the notice	1151
described in division (A)(8) of this section.	1152

A sheriff required by division (A) or (C) of this section to	1153
provide notices regarding an offender or delinquent child shall	1154
provide the notices to all other specified persons that are	1155
described in divisions (A)(2) to (7) of this section not later	1156
than seven days after the offender or delinquent child registers	1157
with the sheriff, if the sheriff is required by division (C) to	1158
provide the notices, no later than seventy-two hours after the	1159
sheriff is provided the notice described in division (A)(8) of	1160
this section.	1161

(2) If an offender or delinquent child in relation to whom	1162
division (A) of this section applies verifies the offender's or	1163
delinquent child's current residence address with a sheriff	1164
pursuant to section 2950.06 of the Revised Code, the sheriff may	1165
provide a written notice containing the information set forth in	1166
division (B) of this section to the persons identified in	1167
divisions (A)(1) to (9) of this section. If a sheriff provides a	1168
notice pursuant to this division to the sheriff of one or more	1169
other counties in accordance with division (A)(8) of this section,	1170
the sheriff of each of the other counties who is provided the	1171
notice under division (A)(8) of this section may provide, but is	1172
not required to provide, a written notice containing the	1173
information set forth in division (B) of this section to the	1174
persons identified in divisions (A)(1) to (7) and (A)(9) of this	1175
section.	1176

(E) All information that a sheriff possesses regarding a	1177
sexual predator or a habitual sex offender that is described in	1178
division (B) of this section and that must be provided in a notice	1179
required under division (A) or (C) of this section or that may be	1180
provided in a notice authorized under division (D)(2) of this	1181
section is a public record that is open to inspection under	1182
section 149.43 of the Revised Code.	1183

If the sexual predator or habitual sex offender is a juvenile	1184
sex offender registrant, the sheriff shall not cause any of the	1185
information described in this division to be publicly disseminated	1186
by means of the internet, except when the act that is the basis of	1187
a child's classification as a juvenile sex offender registrant is	1188
a violation of, or an attempt to commit a violation of, section	1189
2903.01, 2903.02, or 2905.01 of the Revised Code that was	1190
committed with a purpose to gratify the sexual needs or desires of	1191
the child, a violation of section 2907.02 of the Revised Code, or	1192
an attempt to commit a violation of that section.	1193

(F) The notification provisions of this section do not apply	1194
regarding a person who is convicted of or pleads guilty to, has	1195
been convicted of or pleaded guilty to, or is adjudicated a	1196
delinquent child for committing, a sexually oriented offense, who	1197
has not been adjudicated as being a sexual predator relative to	1198
that sexually oriented offense, and who is determined pursuant to	1199
division (C)(2) or (E) of section 2950.09, division (B) of section	1200
2152.83, section 2152.84, or section 2152.85 of the Revised Code	1201
to be a habitual sex offender unless the sentencing or reviewing	1202
court imposes a requirement in the offender's sentence and in the	1203
judgment of conviction that contains the sentence or in the	1204
delinquent child's adjudication, or imposes a requirement as	1205
described in division (C)(2) of section 2950.09 of the Revised	1206
Code, that subjects the offender or the delinquent child to the	1207
provisions of this section.	1208

(G) The department of job and family services shall compile,	1209
maintain, and update in January and July of each year, a list of	1210
all agencies, centers, or homes of a type described in division	1211
(A)(2) or (6) of this section that contains the name of each	1212
agency, center, or home of that type, the county in which it is	1213
located, its address and telephone number, and the name of an	1214
administrative officer or employee of the agency, center, or home.	1215
The department of education shall compile, maintain, and update in	1216
January and July of each year, a list of all boards of education,	1217
schools, or programs of a type described in division (A)(3), (4),	1218
or (5) of this section that contains the name of each board of	1219
education, school, or program of that type, the county in which it	1220
is located, its address and telephone number, the name of the	1221
superintendent of the board or of an administrative officer or	1222
employee of the school or program, and, in relation to a board of	1223
education, the county or counties in which each of its schools is	1224
located and the address of each such school. The Ohio board of	1225
regents shall compile, maintain, and update in January and July of	1226
each year, a list of all institutions of a type described in	1227
division (A)(7) of this section that contains the name of each	1228
such institution, the county in which it is located, its address	1229
and telephone number, and the name of its president or other chief	1230
administrative officer. A sheriff required by division (A) or (C)	1231
of this section, or authorized by division (D)(2) of this section,	1232
to provide notices regarding an offender or delinquent child, or a	1233
designee of a sheriff of that type, may request the department of	1234
job and family services, department of education, or Ohio board of	1235
regents, by telephone, in person, or by mail, to provide the	1236
sheriff or designee with the names, addresses, and telephone	1237
numbers of the appropriate persons and entities to whom the	1238
notices described in divisions (A)(2) to (7) of this section are	1239
to be provided. Upon receipt of a request, the department or	1240
board shall provide the requesting sheriff or designee with the	1241
names, addresses, and telephone numbers of the appropriate persons	1242
and entities to whom those notices are to be provided.	1243

Sec. 2950.12.  (A) Except as provided in division (B) of	1244
this section, any of the following persons shall be immune from	1245
liability in a civil action to recover damages for injury, death,	1246
or loss to person or property allegedly caused by an act or	1247
omission in connection with a power, duty, responsibility, or	1248
authorization under this chapter or under rules adopted under	1249
authority of this chapter:	1250

(1) An officer or employee of the bureau of criminal	1251
identification and investigation;	1252

(2) The attorney general, a chief of police, marshal, or	1253
other chief law enforcement officer of a municipal corporation, a	1254
sheriff, a constable or chief of police of a township police	1255
department or police district police force, and a deputy, officer,	1256
or employee of the office of the attorney general, the law	1257
enforcement agency served by the marshal or the municipal or	1258
township chief, the office of the sheriff, or the constable;	1259

(3) A prosecutor and an officer or employee of the office of	1260
a prosecutor;	1261

(4) A supervising officer and an officer or employee of the	1262
adult parole authority of the department of rehabilitation and	1263
correction;	1264

(5) A supervising officer and an officer or employee of the	1265
department of youth services;	1266

(6) A supervisor and a caseworker or employee of a public	1267
children services agency acting pursuant to section 5153.16 of the	1268
Revised Code;	1269

(7) A managing officer of a state correctional institution	1270
and an officer or employee of the department of rehabilitation and	1271
correction;	1272

(8) A person identified in division (A)(2), (3), (4), (5),	1273
(6), or (7) of section 2950.11 of the Revised Code or the agent of	1274
that person.	1275

(B) The immunity described in division (A) of this section	1276
does not apply to a person described in divisions (A)(1) to (7)	1277
(8) of this section if, in relation to the act or omission in	1278
question, any of the following applies:	1279

(1) The act or omission was manifestly outside the scope of	1280
the person's employment or official responsibilities.	1281

(2) The act or omission was with malicious purpose, in bad	1282
faith, or in a wanton or reckless manner.	1283

(3) Liability for the act or omission is expressly imposed	1284
by a section of the Revised Code.	1285

Section 2. That existing sections 2907.07, 2950.01, 2950.04,	1286
2950.05, 2950.09, 2950.11, and 2950.12 of the Revised Code are	1287
hereby repealed.	1288

Section 3. This act is hereby declared to be an emergency	1289
measure necessary for the immediate preservation of the public	1290
peace, health, and safety. The reason for such necessity is that,	1291
because sexual predators are subjected to more stringent	1292
registration requirements and to community notification	1293
requirements that provide for increased public safety, it is	1294
crucial for courts to have the mechanism enacted in this act for	1295
determining whether a person who is convicted of a sexually	1296
oriented offense but acquitted of a sexually violent predator	1297
specification included in the charges for that offense is a sexual	1298
predator. Therefore, this act shall go into immediate effect.	1299