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 2950.01, 2950.09, 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

and to declare an emergency.

10

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

Section 1. That sections 2950.01, 2950.09, and 2950.12 of the	11
Revised Code be amended to read as follows:	12

Sec. 2950.01. As used in this chapter, unless the context	13
clearly requires otherwise:	14

(A) "Confinement" includes, but is not limited to, a	15
community residential sanction imposed pursuant to section 2929.16	16
of the Revised Code.	17

(B) "Habitual sex offender" means, except when a juvenile	18
judge removes this classification pursuant to division (A)(2) of	19
section 2152.84 or division (C)(2) of section 2152.85 of the	20
Revised Code, a person to whom both of the following apply:	21

(1) The person is convicted of or pleads guilty to a	22
sexually oriented offense, or the person is adjudicated a	23
delinquent child for committing on or after the effective date of	24
this amendmentJanuary 1, 2002, a sexually oriented offense, was	25
fourteen years of age or older at the time of committing the	26
offense, and is classified a juvenile sex offender registrant	27
based on that adjudication.	28

(2) The person previously has been convicted of or pleaded	29
guilty to one or more sexually oriented offenses or, regarding a	30
delinquent child, previously has been adjudicated a delinquent	31
child for committing one or more sexually oriented offenses.	32

(C) "Prosecutor" has the same meaning as in section 2935.01	33
of the Revised Code.	34

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

35

(1) Subject to division (D)(2) of this section, any of the	36
following violations or offenses:	37

(a) Regardless of the age of the victim of the offense, a	38
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	39
Code;	40

(b) Any of the following offenses involving a minor, in the	41
circumstances specified:	42

(i) A violation of section 2905.01, 2905.02, 2905.03,	43
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim	44
of the offense is under eighteen years of age;	45

(ii) A violation of section 2907.21 of the Revised Code when	46
the person who is compelled, induced, procured, encouraged,	47
solicited, requested, or facilitated to engage in, paid or agreed	48
to be paid for, or allowed to engage in the sexual activity in	49
question is under eighteen years of age;	50

(iii) A violation of division (A)(1) or (3) of section	51
2907.321 or 2907.322 of the Revised Code;	52

(iv) A violation of division (A)(1) or (2) of section	53
2907.323 of the Revised Code;	54

(v) A violation of division (B)(5) of section 2919.22 of the	55
Revised Code when the child who is involved in the offense is	56
under eighteen years of age;	57

(vi) A violation of division (D) or (E) of section 2907.07 of	58
the Revised Code.	59

(c) Regardless of the age of the victim of the offense, a	60
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	61
Revised Code, or of division (A) of section 2903.04 of the Revised	62
Code, that is committed with a purpose to gratify the sexual needs	63
or desires of the offender;	64

(d) A sexually violent offense;

65

(e) A violation of any former law of this state that was	66
substantially equivalent to any offense listed in division	67
(D)(1)(a), (b), (c), or (d) of this section;	68

(f) A violation of an existing or former municipal ordinance	69
or law of another state or the United States, a violation under	70
the law applicable in a military court, or a violation under the	71
law applicable in an Indian tribal court that is or was	72
substantially equivalent to any offense listed in division	73
(D)(1)(a), (b), (c), or (d) of this section;	74

(g) An attempt to commit, conspiracy to commit, or	75
complicity in committing any offense listed in division (D)(1)(a),	76
(b), (c), (d), (e), or (f) of this section.	77

(2) An act committed by a person under eighteen years of age	78
that is any of the following:	79

(a) Except for the violations specifically described in	80
divisions (D)(2)(b) and (c) of this section and subject to	81
division (D)(2)(d) of this section, any violation listed in	82
division (D)(1) of this section that, if committed by an adult,	83
would be a felony of the first, second, third, or fourth degree;	84

(b) Subject to division (A)(D)(2)(d) of this section, a	85
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	86
2905.02 of the Revised Code, a violation of division (A) of	87
section 2903.04 of the Revised Code, or an attempt to violate any	88
of those sections or that division that is committed with a	89
purpose to gratify the sexual needs or desires of the child	90
committing the violation;	91

(c) Subject to division (A)(D)(2)(d) of this section, a	92
violation of division (A)(1) or (3) of section 2907.321, division	93
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	94
section 2907.323 of the Revised Code, or an attempt to violate any	95
of those divisions, if the person who violates or attempts to	96
violate the division is four or more years older than the minor	97
who is the victim of the offense;	98

(d) If the child's case has been transferred for criminal	99
prosecution under section 2152.12 of the Revised Code, the act is	100
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	101
(f), or (g) of this section or would be any offense listed in any	102
of those divisions if committed by an adult.	103

(E) "Sexual predator" means a person to whom either of the	104
following applies:	105

(1) The person has been convicted of or pleaded guilty to	106
committing a sexually oriented offense and is likely to engage in	107
the future in one or more sexually oriented offenses.	108

(2) The person has been adjudicated a delinquent child for	109
committing a sexually oriented offense, was fourteen years of age	110
or older at the time of committing the offense, was classified a	111
juvenile sex offender registrant based on that adjudication, and	112
is likely to engage in the future in one or more sexually oriented	113
offenses.	114

(F) "Supervised release" means a release of an offender from	115
a prison term, a term of imprisonment, or another type of	116
confinement that satisfies either of the following conditions:	117

(1) The release is on parole, a conditional pardon, or	118
probation, under transitional control, or under a post-release	119
control sanction, and it requires the person to report to or be	120
supervised by a parole officer, probation officer, field officer,	121
or another type of supervising officer.	122

(2) The release is any type of release that is not described	123
in division (F)(1) of this section and that requires the person to	124
report to or be supervised by a probation officer, a parole	125
officer, a field officer, or another type of supervising officer.	126

(G) An offender or delinquent child is "adjudicated as being	127
a sexual predator" if any of the following applies and if that	128
status has not been removed pursuant to section 2152.84, 2152.85,	129
or 2950.09 of the Revised Code:	130

(1) The offender is convicted of or pleads guilty to	131
committing, on or after January 1, 1997, a sexually oriented	132
offense that is a sexually violent offense and also is convicted	133
of or pleads guilty to a sexually violent predator specification	134
that was included in the indictment, count in the indictment, or	135
information that charged the sexually violent offense.	136

(2) Regardless of when the sexually oriented offense was	137
committed, on or after January 1, 1997, the offender is sentenced	138
for a sexually oriented offense, and the sentencing judge	139
determines pursuant to division (B) of section 2950.09 of the	140
Revised Code that the offender is a sexual predator.	141

(3) The delinquent child is adjudicated a delinquent child	142
for committing a sexually oriented offense, was fourteen years of	143
age or older at the time of committing the offense, and has been	144
classified a juvenile sex offender registrant based on that	145
adjudication, and the adjudicating judge or that judge's successor	146
in office determines pursuant to division (B) of section 2950.09	147
or pursuant to division (B) of section 2152.83, section 2152.84,	148
or section 2152.85 of the Revised Code that the delinquent child	149
is a sexual predator.	150

(4) Prior to January 1, 1997, the offender was convicted of	151
or pleaded guilty to, and was sentenced for, a sexually oriented	152
offense, the offender is imprisoned in a state correctional	153
institution on or after January 1, 1997, and the court determines	154
pursuant to division (C) of section 2950.09 of the Revised Code	155
that the offender is a sexual predator.	156

(5) Regardless of when the sexually oriented offense was	157
committed, the offender or delinquent child is convicted of or	158
pleads guilty to, has been convicted of or pleaded guilty to, or	159
is adjudicated a delinquent child for committing a sexually	160
oriented offense in another state or in a federal court, military	161
court, or an Indian tribal court, as a result of that conviction,	162
plea of guilty, or adjudication, the offender or delinquent child	163
is required, under the law of the jurisdiction in which the	164
offender was convicted or pleaded guilty or the delinquent child	165
was adjudicated, to register as a sex offender until the	166
offender's or delinquent child's death and to verify the	167
offender's or delinquent child's address on at least a quarterly	168
basis each year, and, on or after July 1, 1997, for offenders or	169
the effective date of this amendmentJanuary 1, 2002, for	170
delinquent children the offender or delinquent child moves to and	171
resides in this state or temporarily is domiciled in this state	172
for more than seven days, unless a court of common pleas or	173
juvenile court determines that the offender or delinquent child is	174
not a sexual predator pursuant to division (F) of section 2950.09	175
of the Revised Code.	176

(H) "Sexually violent predator specification" and "sexually	177
violent offense" have the same meanings as in section 2971.01 of	178
the Revised Code.	179

(I) "Post-release control sanction" and "transitional	180
control" have the same meanings as in section 2967.01 of the	181
Revised Code.	182

(J) "Juvenile sex offender registrant" means a person who is	183
adjudicated a delinquent child for committing on or after the	184
effective date of this amendmentJanuary 1, 2002, a sexually	185
oriented offense, who is fourteen years of age or older at the	186
time of committing the offense, and who a juvenile court judge,	187
pursuant to an order issued under section 2152.82, 2152.83,	188
2152.84, or 2152.85 of the Revised Code, classifies as a juvenile	189
sex offender registrant and specifies has a duty to register under	190
section 2950.04 of the Revised Code.	191

(K) "Secure facility" means any facility that is designed	192
and operated to ensure that all of its entrances and exits are	193
locked and under the exclusive control of its staff and to ensure	194
that, because of that exclusive control, no person who is	195
institutionalized or confined in the facility may leave the	196
facility without permission or supervision.	197

(L) "Out-of-state juvenile sex offender registrant" means a	198
person who is adjudicated a delinquent child for committing a	199
sexually oriented offense in another state or in a federal court,	200
military court, or Indian tribal court, who on or after the	201
effective date of this amendmentJanuary 1, 2002, moves to and	202
resides in this state or temporarily is domiciled in this state	203
for more than seven days, and who under section 2950.04 of the	204
Revised Code has a duty to register in this state as described in	205
that section.	206

(M) "Juvenile court judge" includes a magistrate to whom the	207
juvenile court judge confers duties pursuant to division (A)(15)	208
of section 2151.23 of the Revised Code.	209

Sec. 2950.09. (A) If a person is convicted of or pleads	210
guilty to committing, on or after January 1, 1997, a sexually	211
oriented offense that is a sexually violent offense and also is	212
convicted of or pleads guilty to a sexually violent predator	213
specification that was included in the indictment, count in the	214
indictment, or information charging the sexually violent offense,	215
the conviction of or plea of guilty to the specification	216
automatically classifies the offender as a sexual predator for	217
purposes of this chapter. If a person is convicted of, pleads	218
guilty to, or is adjudicated a delinquent child for committing, a	219
sexually oriented offense in another state, or in a federal court,	220
military court, or an Indian tribal court and if, as a result of	221
that conviction, plea of guilty, or adjudication, the person is	222
required, under the law of the jurisdiction in which the person	223
was convicted, pleaded guilty, or was adjudicated, to register as	224
a sex offender until the person's death and is required to verify	225
the person's address on at least a quarterly basis each year, that	226
conviction, plea of guilty, or adjudication automatically	227
classifies the person as a sexual predator for the purposes of	228
this chapter, but the person may challenge that classification	229
pursuant to division (F) of this section. In all other cases, a	230
person who is convicted of or pleads guilty to, has been	231
convicted of or pleaded guilty to, or is adjudicated a delinquent	232
child for committing, a sexually oriented offense may be	233
classified as a sexual predator for purposes of this chapter only	234
in accordance with division (B) or (C) of this section or,	235
regarding delinquent children, divisions (B) and (C) of section	236
2152.83 of the Revised Code.	237

(B)(1) The judge who is to impose sentence on a person who is	238
convicted of or pleads guilty to a sexually oriented offense or	239
the judge who is to impose or has imposed, pursuant to section	240
2152.82 or division (A) of section 2152.83 of the Revised Code, an	241
order of disposition upon a child who is adjudicated a delinquent	242
child for committing on or after the effective date of this	243
amendmentJanuary 1, 2002, a sexually oriented offense shall	244
conduct a hearing to determine whether the offender is a sexual	245
predator if any of the following circumstances apply:	246

(a) Regardless of when the sexually oriented offense was	247
committed, the offender is to be sentenced on or after January 1,	248
1997, for a sexually oriented offense that is not a sexually	249
violent offense.	250

(b) Regardless of when the sexually oriented offense was	251
committed, the offender is to be sentenced on or after January 1,	252
1997, for a sexually oriented offense that is a sexually violent	253
offense and a sexually violent predator specification was not	254
included in the indictment, count in the indictment, or	255
information charging the sexually violent offense.	256

(c) The delinquent child was classified a juvenile sex	257
offender registrant pursuant to section 2152.82 or division (A) of	258
section 2152.83 of the Revised Code. A judge shall not conduct a	259
hearing under division (B) of this section regarding a delinquent	260
child unless the delinquent child is in the category of delinquent	261
children described in this division.	262

(d) Regardless of when the sexually oriented offense was	263
committed, the offender is to be sentenced on or after the	264
effective date of this amendment for a sexually oriented offense,	265
and that offender was acquitted of a sexually violent predator	266
specification that was included in the indictment, count in the	267
indictment, or information charging the sexually oriented offense.	268

(2) The judge shall conduct the hearing prior to sentencing	269
and, if the sexually oriented offense is a felony and if the	270
hearing is being conducted under division (B)(1)(a) or, (b), or	271
(c) of this section, the judge may conduct it as part of the	272
sentencing hearing required by section 2929.19 of the Revised	273
Code. The court shall give the offender or delinquent child and	274
the prosecutor who prosecuted the offender or handled the case	275
against the delinquent child for the sexually oriented offense	276
notice of the date, time, and location of the hearing. At the	277
hearing, the offender or delinquent child and the prosecutor shall	278
have an opportunity to testify, present evidence, call and examine	279
witnesses and expert witnesses, and cross-examine witnesses and	280
expert witnesses regarding the determination as to whether the	281
offender or delinquent child is a sexual predator. The offender or	282
delinquent child shall have the right to be represented by counsel	283
and, if indigent, the right to have counsel appointed to represent	284
the offender or delinquent child.	285

(3) In making a determination under divisions (B)(1) and (4)	286
of this section as to whether an offender or delinquent child is a	287
sexual predator, the judge shall consider all relevant factors,	288
including, but not limited to, all of the following:	289

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

290

(b) The offender's or delinquent child's prior criminal or	291
delinquency record regarding all offenses, including, but not	292
limited to, all sexual offenses;	293

(c) The age of the victim of the sexually oriented offense	294
for which sentence is to be imposed or the order of disposition is	295
to be made;	296

(d) Whether the sexually oriented offense for which sentence	297
is to be imposed or the order of disposition is to be made	298
involved multiple victims;	299

(e) Whether the offender or delinquent child used drugs or	300
alcohol to impair the victim of the sexually oriented offense or	301
to prevent the victim from resisting;	302

(f) If the offender or delinquent child previously has been	303
convicted of or pleaded guilty to, or been adjudicated a	304
delinquent child for committing an act that if committed by an	305
adult would be, a criminal offense, whether the offender or	306
delinquent child completed any sentence or dispositional order	307
imposed for the prior offense or act and, if the prior offense or	308
act was a sex offense or a sexually oriented offense, whether the	309
offender or delinquent child participated in available programs	310
for sexual offenders;	311

(g) Any mental illness or mental disability of the offender	312
or delinquent child;	313

(h) The nature of the offender's or delinquent child's	314
sexual conduct, sexual contact, or interaction in a sexual context	315
with the victim of the sexually oriented offense and whether the	316
sexual conduct, sexual contact, or interaction in a sexual context	317
was part of a demonstrated pattern of abuse;	318

(i) Whether the offender or delinquent child, during the	319
commission of the sexually oriented offense for which sentence is	320
to be imposed or the order of disposition is to be made, displayed	321
cruelty or made one or more threats of cruelty;	322

(j) Any additional behavioral characteristics that	323
contribute to the offender's or delinquent child's conduct.	324

(4) After reviewing all testimony and evidence presented at	325
the hearing conducted under division (B)(1) of this section and	326
the factors specified in division (B)(3) of this section, the	327
court shall determine by clear and convincing evidence whether the	328
subject offender or delinquent child is a sexual predator. If the	329
court determines that the subject offender or delinquent child is	330
not a sexual predator, the court shall specify in the offender's	331
sentence and the judgment of conviction that contains the sentence	332
or in the delinquent child's dispositional order, as appropriate,	333
that the court has determined that the offender or delinquent	334
child is not a sexual predator. If the court determines by clear	335
and convincing evidence that the subject offender or delinquent	336
child is a sexual predator, the court shall specify in the	337
offender's sentence and the judgment of conviction that contains	338
the sentence or in the delinquent child's dispositional order, as	339
appropriate, that the court has determined that the offender or	340
delinquent child is a sexual predator and shall specify that the	341
determination was pursuant to division (B) of this section. The	342
offender or delinquent child and the prosecutor who prosecuted the	343
offender or handled the case against the delinquent child for the	344
sexually oriented offense in question may appeal as a matter of	345
right the court's determination under this division as to whether	346
the offender or delinquent child is, or is not, a sexual predator.	347

(5) A hearing shall not be conducted under division (B) of	348
this section regarding an offender if the sexually oriented	349
offense in question is a sexually violent offense and, if the	350
indictment, count in the indictment, or information charging the	351
offense also included a sexually violent predator specification,	352
and if the offender is convicted of or pleads guilty to that	353
sexually violent predator specification.	354

(C)(1) If a person was convicted of or pleaded guilty to a	355
sexually oriented offense prior to January 1, 1997, if the person	356
was not sentenced for the offense on or after January 1, 1997, and	357
if, on or after January 1, 1997, the offender is serving a term of	358
imprisonment in a state correctional institution, the department	359
of rehabilitation and correction shall determine whether to	360
recommend that the offender be adjudicated as being a sexual	361
predator. In making a determination under this division as to	362
whether to recommend that the offender be adjudicated as being a	363
sexual predator, the department shall consider all relevant	364
factors, including, but not limited to, all of the factors	365
specified in division (B)(2) of this section. If the department	366
determines that it will recommend that the offender be adjudicated	367
as being a sexual predator, it immediately shall send the	368
recommendation to the court that sentenced the offender and shall	369
enter its determination and recommendation in the offender's	370
institutional record, and the court shall proceed in accordance	371
with division (C)(2) of this section.	372

(2)(a) If, pursuant to division (C)(1) of this section, the	373
department of rehabilitation and correction sends to a court a	374
recommendation that an offender who has been convicted of or	375
pleaded guilty to a sexually oriented offense be adjudicated as	376
being a sexual predator, the court is not bound by the	377
department's recommendation, and the court may conduct a hearing	378
to determine whether the offender is a sexual predator. The court	379
may deny the recommendation and determine that the offender is not	380
a sexual predator without a hearing but shall not make a	381
determination that the offender is a sexual predator in any case	382
without a hearing. The court may hold the hearing and make the	383
determination prior to the offender's release from imprisonment or	384
at any time within one year following the offender's release from	385
that imprisonment. If the court determines without a hearing that	386
the offender is not a sexual predator, it shall include its	387
determination in the offender's institutional record and shall	388
determine whether the offender previously has been convicted of or	389
pleaded guilty to a sexually oriented offense other than the	390
offense in relation to which the court determined that the	391
offender is not a sexual predator.	392

The court may make the determination as to whether the	393
offender previously has been convicted of or pleaded guilty to a	394
sexually oriented offense without a hearing, but, if the court	395
determines that the offender previously has been convicted of or	396
pleaded guilty to such an offense, it shall not impose a	397
requirement that the offender be subject to the community	398
notification provisions regarding the offender's place of	399
residence that are contained in sections 2950.10 and 2950.11 of	400
the Revised Code without a hearing. The court may conduct a	401
hearing to determine both whether the offender previously has been	402
convicted of or pleaded guilty to a sexually oriented offense and	403
whether to impose a requirement that the offender be subject to	404
the community notification provisions as described in this	405
division, or may conduct a hearing solely to make the latter	406
determination. The court shall include in the offender's	407
institutional record any determination made under this division as	408
to whether the offender previously has been convicted of or	409
pleaded guilty to a sexually oriented offense, and, as such,	410
whether the offender is a habitual sex offender.	411

(b) If the court schedules a hearing under division	412
(C)(2)(a) of this section, the court shall give the offender and	413
the prosecutor who prosecuted the offender for the sexually	414
oriented offense, or that prosecutor's successor in office, notice	415
of the date, time, and place of the hearing. If the hearing is to	416
determine whether the offender is a sexual predator, it shall be	417
conducted in the manner described in division (B)(1) of this	418
section regarding hearings conducted under that division and, in	419
making a determination under this division as to whether the	420
offender is a sexual predator, the court shall consider all	421
relevant factors, including, but not limited to, all of the	422
factors specified in division (B)(2) of this section. After	423
reviewing all testimony and evidence presented at the sexual	424
predator hearing and the factors specified in division (B)(2) of	425
this section, the court shall determine by clear and convincing	426
evidence whether the offender is a sexual predator. If the court	427
determines that the offender is not a sexual predator, it also	428
shall determine whether the offender previously has been convicted	429
of or pleaded guilty to a sexually oriented offense other than the	430
offense in relation to which the hearing is being conducted.	431

Upon making its determinations at the hearing, the court	432
shall proceed as follows:	433

(i) If the hearing is to determine whether the offender is a	434
sexual predator, and if the court determines that the offender is	435
not a sexual predator and that the offender previously has not	436
been convicted of or pleaded guilty to a sexually oriented offense	437
other than the offense in relation to which the hearing is being	438
conducted, it shall include its determinations in the offender's	439
institutional record.	440

(ii) If the hearing is to determine whether the offender is	441
a sexual predator, and if the court determines that the offender	442
is not a sexual predator but that the offender previously has been	443
convicted of or pleaded guilty to a sexually oriented offense	444
other than the offense in relation to which the hearing is being	445
conducted, it shall include its determination that the offender is	446
not a sexual predator but is a habitual sex offender in the	447
offender's institutional record, shall attach the determinations	448
to the offender's sentence, shall specify that the determinations	449
were pursuant to division (C) of this section, shall provide a	450
copy of the determinations to the offender, to the prosecuting	451
attorney, and to the department of rehabilitation and correction,	452
and may impose a requirement that the offender be subject to the	453
community notification provisions regarding the offender's place	454
of residence that are contained in sections 2950.10 and 2950.11 of	455
the Revised Code. The offender shall not be subject to those	456
community notification provisions relative to the sexually	457
oriented offense in question if the court does not so impose the	458
requirement described in this division. If the court imposes	459
those community notification provisions, the offender may appeal	460
the judge's determination that the offender is a habitual sex	461
offender.	462

(iii) If the hearing is to determine whether the offender	463
previously has been convicted of or pleaded guilty to a sexually	464
oriented offense other than the offense in relation to which the	465
hearing is being conducted and whether to impose a requirement	466
that the offender be subject to the specified community	467
notification provisions, and if the court determines that the	468
offender previously has been convicted of or pleaded guilty to	469
such an offense, the court shall proceed as described in division	470
(C)(2)(b)(ii) of this section and may impose a community	471
notification requirement as described in that division. The	472
offender shall not be subject to the specified community	473
notification provisions relative to the sexually oriented offense	474
in question if the court does not so impose the requirement	475
described in that division. If the court imposes those community	476
notification provisions, the offender may appeal the judge's	477
determination that the offender is a habitual sex offender.	478

(iv) If the court determined without a hearing that the	479
offender previously has been convicted of or pleaded guilty to a	480
sexually oriented offense other than the offense in relation to	481
which the court determined that the offender is not a sexual	482
predator, and, as such, is a habitual sex offender, and the	483
hearing is solely to determine whether to impose a requirement	484
that the offender be subject to the specified community	485
notification provisions, after the hearing, the court may impose a	486
community notification requirement as described in division	487
(C)(2)(b)(ii) of this section. The offender shall not be subject	488
to the specified community notification provisions relative to the	489
sexually oriented offense in question if the court does not so	490
impose the requirement described in that division. If the court	491
imposes those community notification provisions, the offender may	492
appeal the judge's determination that the offender is a habitual	493
sex offender.	494

(v) If the hearing is to determine whether the offender is a	495
sexual predator, and if the court determines by clear and	496
convincing evidence that the offender is a sexual predator, it	497
shall enter its determination in the offender's institutional	498
record, shall attach the determination to the offender's sentence,	499
shall specify that the determination was pursuant to division (C)	500
of this section, and shall provide a copy of the determination to	501
the offender, to the prosecuting attorney, and to the department	502
of rehabilitation and correction. The offender and the prosecutor	503
may appeal as a matter of right the judge's determination under	504
this division as to whether the offender is, or is not, a sexual	505
predator.	506

(D)(1) Division (D) of this section applies to persons who	507
have been convicted of or pleaded guilty to a sexually oriented	508
offense. The procedures set forth in division (D) of this section	509
regarding a determination of whether a person no longer is a	510
sexual predator also apply, to the extent specified in section	511
2152.84 or 2152.85 of the Revised Code, to persons who have been	512
adjudicated a delinquent child for committing a sexually oriented	513
offense and have been determined by a juvenile court judge to be a	514
sexual predator. A person who has been adjudicated a delinquent	515
child for committing a sexually oriented offense and who has been	516
classified by a juvenile court judge a juvenile sex offender	517
registrant or, if applicable, additionally has been determined by	518
a juvenile court judge to be a sexual predator or habitual sex	519
offender, may petition the adjudicating court for a	520
reclassification or declassification pursuant to section 2152.85	521
of the Revised Code.	522

Upon the expiration of the applicable period of time	523
specified in division (D)(1)(a) or (b) of this section, an	524
offender who has been convicted of or pleaded guilty to a sexually	525
oriented offense and who has been adjudicated as being a sexual	526
predator relative to the sexually oriented offense in the manner	527
described in division (B) or (C) of this section may petition the	528
judge who made the determination that the offender was a sexual	529
predator, or that judge's successor in office, to enter a	530
determination that the offender no longer is a sexual predator.	531
Upon the filing of the petition, the judge may review the prior	532
sexual predator determination that comprises the sexually violent	533
sexual predator adjudication, and, upon consideration of all	534
relevant evidence and information, including, but not limited to,	535
the factors set forth in division (B)(3) of this section, either	536
shall enter a determination that the offender no longer is a	537
sexual predator or shall enter an order denying the petition. The	538
judge shall not enter a determination under this division that the	539
offender no longer is a sexual predator unless the judge	540
determines by clear and convincing evidence that the offender is	541
unlikely to commit a sexually oriented offense in the future. If	542
the judge enters a determination under this division that the	543
offender no longer is a sexual predator, the judge shall notify	544
the bureau of criminal identification and investigation and the	545
parole board of the determination. Upon receipt of the	546
notification, the bureau promptly shall notify the sheriff with	547
whom the offender most recently registered under section 2950.04	548
or 2950.05 of the Revised Code of the determination that the	549
offender no longer is a sexual predator. If the judge enters an	550
order denying the petition, the prior adjudication of the offender	551
as a sexual predator shall remain in effect. An offender	552
determined to be a sexual predator in the manner described in	553
division (B) or (C) of this section may file a petition under this	554
division after the expiration of the following periods of time:	555

(a) Regardless of when the sexually oriented offense was	556
committed, if, on or after January 1, 1997, the offender is	557
imprisoned or sentenced to a prison term or other confinement for	558
the sexually oriented offense in relation to which the	559
determination was made, the offender initially may file the	560
petition not earlier than one year prior to the offender's release	561
from the imprisonment, prison term, or other confinement by	562
discharge, parole, judicial release, or any other final release.	563
If the offender is sentenced on or after January 1, 1997, for the	564
sexually oriented offense in relation to which the determination	565
is made and is not imprisoned or sentenced to a prison term or	566
other confinement for the sexually oriented offense, the offender	567
initially may file the petition upon the expiration of one year	568
after the entry of the offender's judgment of conviction.	569

(b) After the offender's initial filing of a petition under	570
division (D)(1)(a) of this section, thereafter, an offender may	571
file a petition under this division upon the expiration of five	572
years after the court has entered an order denying the petition	573
under division (D)(1)(a) of this section or the most recent	574
petition the offender has filed under this division.	575

(2) Except as otherwise provided in this division, division	576
(D)(1) of this section does not apply to a person who is	577
classified as a sexual predator pursuant to division (A) of this	578
section. If a person who is so classified was sentenced to a	579
prison term pursuant to division (A)(3) of section 2971.03 of the	580
Revised Code and if the sentencing court terminates the offender's	581
prison term as provided in division (D) of section 2971.05 of the	582
Revised Code, the court's termination of the prison term	583
automatically shall constitute a determination by the court that	584
the offender no longer is a sexual predator. If the court so	585
terminates the offender's prison term, the court shall notify the	586
bureau of criminal identification and investigation and the parole	587
board of the determination that the offender no longer is a sexual	588
predator. Upon receipt of the notification, the bureau promptly	589
shall notify the sheriff with whom the offender most recently	590
registered under section 2950.04 or 2950.05 of the Revised Code	591
that the offender no longer is a sexual predator. If an offender	592
who is classified as a sexual predator pursuant to division (A) of	593
this section is released from prison pursuant to a pardon or	594
commutation, the classification of the offender as a sexual	595
predator shall remain in effect after the offender's release, and	596
the offender may file one or more petitions in accordance with the	597
procedures and time limitations contained in division (D)(1) of	598
this section for a determination that the offender no longer is a	599
sexual predator.	600

(E) If a person is convicted of or pleads guilty to	601
committing, on or after January 1, 1997, a sexually oriented	602
offense, the judge who is to impose sentence on the offender shall	603
determine, prior to sentencing, whether the offender previously	604
has been convicted of or pleaded guilty to a sexually oriented	605
offense. If a person is classified a juvenile sex offender	606
registrant, pursuant to section 2152.82 or division (A) of section	607
2152.83 of the Revised Code, the adjudicating judge shall	608
determine, prior to entering the order classifying the delinquent	609
child a juvenile sex offender registrant, whether the delinquent	610
child previously has been adjudicated a delinquent child for	611
committing a sexually oriented offense. If the adjudicating judge	612
has classified the delinquent child under division (A) of section	613
2152.83 of the Revised Code based on that adjudication a juvenile	614
sex offender registrant, the judge shall determine, prior to	615
entering the classification order, whether the delinquent child	616
previously has been adjudicated a delinquent child for committing	617
a sexually oriented offense. If the judge determines that the	618
offender previously has not been convicted of or pleaded guilty to	619
a sexually oriented offense or that the delinquent child	620
previously has not been adjudicated a delinquent child for	621
committing a sexually oriented offense, the judge shall specify in	622
the offender's sentence or in the order classifying the delinquent	623
child a juvenile sex offender registrant that the judge has	624
determined that the offender or delinquent child is not a habitual	625
sex offender. If the judge determines that the offender	626
previously has been convicted of or pleaded guilty to a sexually	627
oriented offense or that the delinquent child previously has been	628
adjudicated a delinquent child for committing a sexually oriented	629
offense, the judge shall specify in the offender's sentence and	630
the judgment of conviction that contains the sentence or in the	631
order classifying the delinquent child a juvenile sex offender	632
registrant that the judge has determined that the offender or	633
delinquent child is a habitual sex offender and may impose a	634
requirement in that sentence and judgment of conviction or in that	635
order that the offender or delinquent child be subject to the	636
community notification provisions regarding the offender's or	637
delinquent child's place of residence that are contained in	638
sections 2950.10 and 2950.11 of the Revised Code. Unless the	639
habitual sex offender also has been adjudicated as being a sexual	640
predator relative to the sexually oriented offense in question,	641
the offender or delinquent child shall be subject to those	642
community notification provisions only if the court imposes the	643
requirement described in this division in the offender's sentence	644
and the judgment of conviction or in the order classifying the	645
delinquent child a juvenile sex offender registrant.	646

(F)(1) An offender or delinquent child classified as a	647
sexual predator may petition the court of common pleas or, for a	648
delinquent child, the juvenile court of the county in which the	649
offender or delinquent child resides or temporarily is domiciled	650
to enter a determination that the offender or delinquent child is	651
not an adjudicated sexual predator in this state for purposes of	652
the sex offender registration requirements of this chapter or the	653
community notification provisions contained in sections 2950.10	654
and 2950.11 of the Revised Code if all of the following apply:	655

(a) The offender or delinquent child was convicted of,	656
pleaded guilty to, or was adjudicated a delinquent child for	657
committing, a sexually oriented offense in another state or in a	658
federal court, a military court, or an Indian tribal court.	659

(b) As a result of the conviction, plea of guilty, or	660
adjudication described in division (F)(1)(a) of this section, the	661
offender or delinquent child is required under the law of the	662
jurisdiction under which the offender or delinquent child was	663
convicted, pleaded guilty, or was adjudicated to register as a sex	664
offender until the offender's or delinquent child's death and is	665
required to verify the offender's or delinquent child's address on	666
at least a quarterly basis each year.	667

(c) The offender or delinquent child was automatically	668
classified as a sexual predator under division (A) of this section	669
in relation to the conviction, guilty plea, or adjudication	670
described in division (F)(1)(a) of this section.	671

(2) The court may enter a determination that the offender or	672
delinquent child filing the petition described in division (F)(1)	673
of this section is not an adjudicated sexual predator in this	674
state for purposes of the sex offender registration requirements	675
of this chapter or the community notification provisions contained	676
in sections 2950.10 and 2950.11 of the Revised Code only if the	677
offender or delinquent child proves by clear and convincing	678
evidence that the requirement of the other jurisdiction that the	679
offender or delinquent child register as a sex offender until the	680
offender's or delinquent child's death and the requirement that	681
the offender or delinquent child verify the offender's or	682
delinquent child's address on at least a quarterly basis each year	683
is not substantially similar to a classification as a sexual	684
predator for purposes of this chapter.	685

Sec. 2950.12.  (A) Except as provided in division (B) of	686
this section, any of the following persons shall be immune from	687
liability in a civil action to recover damages for injury, death,	688
or loss to person or property allegedly caused by an act or	689
omission in connection with a power, duty, responsibility, or	690
authorization under this chapter or under rules adopted under	691
authority of this chapter:	692

(1) An officer or employee of the bureau of criminal	693
identification and investigation;	694

(2) The attorney general, a chief of police, marshal, or	695
other chief law enforcement officer of a municipal corporation, a	696
sheriff, a constable or chief of police of a township police	697
department or police district police force, and a deputy, officer,	698
or employee of the office of the attorney general, the law	699
enforcement agency served by the marshal or the municipal or	700
township chief, the office of the sheriff, or the constable;	701

(3) A prosecutor and an officer or employee of the office of	702
a prosecutor;	703

(4) A supervising officer and an officer or employee of the	704
adult parole authority of the department of rehabilitation and	705
correction;	706

(5) A supervising officer and an officer or employee of the	707
department of youth services;	708

(6) A supervisor and a caseworker or employee of a public	709
children services agency acting pursuant to section 5153.16 of the	710
Revised Code;	711

(7) A managing officer of a state correctional institution	712
and an officer or employee of the department of rehabilitation and	713
correction;	714

(8) A person identified in division (A)(2), (3), (4), (5),	715
(6), or (7) of section 2950.11 of the Revised Code or the agent of	716
that person.	717

(B) The immunity described in division (A) of this section	718
does not apply to a person described in divisions (A)(1) to (7)	719
(8) of this section if, in relation to the act or omission in	720
question, any of the following applies:	721

(1) The act or omission was manifestly outside the scope of	722
the person's employment or official responsibilities.	723

(2) The act or omission was with malicious purpose, in bad	724
faith, or in a wanton or reckless manner.	725

(3) Liability for the act or omission is expressly imposed	726
by a section of the Revised Code.	727

Section 2. That existing sections 2950.01, 2950.09, and	728
2950.12 of the Revised Code are hereby repealed.	729

Section 3. This act is hereby declared to be an emergency	730
measure necessary for the immediate preservation of the public	731
peace, health, and safety. The reason for such necessity is that,	732
because sexual predators are subjected to more stringent	733
registration requirements and to community notification	734
requirements that provide for increased public safety, it is	735
crucial for courts to have the mechanism enacted in this act for	736
determining whether a person who is convicted of a sexually	737
oriented offense but acquitted of a sexually violent predator	738
specification included in the charges for that offense is a sexual	739
predator. Therefore, this act shall go into immediate effect.	740