REPRESENTATIVES Willamowski, Faber, Young, Hughes, Latta, Callender

To amend sections 2950.09 and 2950.12 of the Revised

1

Code regarding sexual predator hearings for

2

offenders convicted of a sexually oriented offense

3

but acquitted of a sexually violent predator

4

specification, regarding Department of

5

Rehabilitation and Correction employees' immunity

6

for acts under the Sex Offender Registration and

7

Notification Law, and to declare an emergency.

8

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

Section 1. That sections 2950.09 and 2950.12 of the Revised	9
Code be amended to read as follows:	10

Sec. 2950.09. (A) If a person is convicted of or pleads	11
guilty to committing, on or after January 1, 1997, a sexually	12
oriented offense that is a sexually violent offense and also is	13
convicted of or pleads guilty to a sexually violent predator	14
specification that was included in the indictment, count in the	15
indictment, or information charging the sexually violent offense,	16
the conviction of or plea of guilty to the specification	17
automatically classifies the offender as a sexual predator for	18
purposes of this chapter. If a person is convicted of, pleads	19
guilty to, or is adjudicated a delinquent child for committing, a	20
sexually oriented offense in another state, or in a federal court,	21
military court, or an Indian tribal court and if, as a result of	22
that conviction, plea of guilty, or adjudication, the person is	23
required, under the law of the jurisdiction in which the person	24
was convicted, pleaded guilty, or was adjudicated, to register as	25
a sex offender until the person's death and is required to verify	26
the person's address on at least a quarterly basis each year, that	27
conviction, plea of guilty, or adjudication automatically	28
classifies the person as a sexual predator for the purposes of	29
this chapter, but the person may challenge that classification	30
pursuant to division (F) of this section. In all other cases, a	31
person who is convicted of or pleads guilty to, has been	32
convicted of or pleaded guilty to, or is adjudicated a delinquent	33
child for committing, a sexually oriented offense may be	34
classified as a sexual predator for purposes of this chapter only	35
in accordance with division (B) or (C) of this section or,	36
regarding delinquent children, divisions (B) and (C) of section	37
2152.83 of the Revised Code.	38

(B)(1) The judge who is to impose sentence on a person who is	39
convicted of or pleads guilty to a sexually oriented offense or	40
the judge who is to impose or has imposed, pursuant to section	41
2152.82 or division (A) of section 2152.83 of the Revised Code, an	42
order of disposition upon a child who is adjudicated a delinquent	43
child for committing on or after the effective date of this	44
amendmentJanuary 1, 2002, a sexually oriented offense shall	45
conduct a hearing to determine whether the offender is a sexual	46
predator if any of the following circumstances apply:	47

(a) Regardless of when the sexually oriented offense was	48
committed, the offender is to be sentenced on or after January 1,	49
1997, for a sexually oriented offense that is not a sexually	50
violent offense.	51

(b) Regardless of when the sexually oriented offense was	52
committed, the offender is to be sentenced on or after January 1,	53
1997, for a sexually oriented offense that is a sexually violent	54
offense and a sexually violent predator specification was not	55
included in the indictment, count in the indictment, or	56
information charging the sexually violent offense.	57

(c) The delinquent child was classified a juvenile sex	58
offender registrant pursuant to section 2152.82 or division (A) of	59
section 2152.83 of the Revised Code. A judge shall not conduct a	60
hearing under division (B) of this section regarding a delinquent	61
child unless the delinquent child is in the category of delinquent	62
children described in this division.	63

(d) Regardless of when the sexually oriented offense was	64
committed, the offender is to be sentenced on or after the	65
effective date of this amendment for a sexually oriented offense,	66
and that offender was acquitted of a sexually violent predator	67
specification that was included in the indictment, count in the	68
indictment, or information charging the sexually oriented offense.	69

(2) The judge shall conduct the hearing prior to sentencing	70
and, if the sexually oriented offense is a felony and if the	71
hearing is being conducted under division (B)(1)(a) or, (b), or	72
(c) of this section, the judge may conduct it as part of the	73
sentencing hearing required by section 2929.19 of the Revised	74
Code. The court shall give the offender or delinquent child and	75
the prosecutor who prosecuted the offender or handled the case	76
against the delinquent child for the sexually oriented offense	77
notice of the date, time, and location of the hearing. At the	78
hearing, the offender or delinquent child and the prosecutor shall	79
have an opportunity to testify, present evidence, call and examine	80
witnesses and expert witnesses, and cross-examine witnesses and	81
expert witnesses regarding the determination as to whether the	82
offender or delinquent child is a sexual predator. The offender or	83
delinquent child shall have the right to be represented by counsel	84
and, if indigent, the right to have counsel appointed to represent	85
the offender or delinquent child.	86

(3) In making a determination under divisions (B)(1) and (4)	87
of this section as to whether an offender or delinquent child is a	88
sexual predator, the judge shall consider all relevant factors,	89
including, but not limited to, all of the following:	90

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

91

(b) The offender's or delinquent child's prior criminal or	92
delinquency record regarding all offenses, including, but not	93
limited to, all sexual offenses;	94

(c) The age of the victim of the sexually oriented offense	95
for which sentence is to be imposed or the order of disposition is	96
to be made;	97

(d) Whether the sexually oriented offense for which sentence	98
is to be imposed or the order of disposition is to be made	99
involved multiple victims;	100

(e) Whether the offender or delinquent child used drugs or	101
alcohol to impair the victim of the sexually oriented offense or	102
to prevent the victim from resisting;	103

(f) If the offender or delinquent child previously has been	104
convicted of or pleaded guilty to, or been adjudicated a	105
delinquent child for committing an act that if committed by an	106
adult would be, a criminal offense, whether the offender or	107
delinquent child completed any sentence or dispositional order	108
imposed for the prior offense or act and, if the prior offense or	109
act was a sex offense or a sexually oriented offense, whether the	110
offender or delinquent child participated in available programs	111
for sexual offenders;	112

(g) Any mental illness or mental disability of the offender	113
or delinquent child;	114

(h) The nature of the offender's or delinquent child's	115
sexual conduct, sexual contact, or interaction in a sexual context	116
with the victim of the sexually oriented offense and whether the	117
sexual conduct, sexual contact, or interaction in a sexual context	118
was part of a demonstrated pattern of abuse;	119

(i) Whether the offender or delinquent child, during the	120
commission of the sexually oriented offense for which sentence is	121
to be imposed or the order of disposition is to be made, displayed	122
cruelty or made one or more threats of cruelty;	123

(j) Any additional behavioral characteristics that	124
contribute to the offender's or delinquent child's conduct.	125

(4) After reviewing all testimony and evidence presented at	126
the hearing conducted under division (B)(1) of this section and	127
the factors specified in division (B)(3) of this section, the	128
court shall determine by clear and convincing evidence whether the	129
subject offender or delinquent child is a sexual predator. If the	130
court determines that the subject offender or delinquent child is	131
not a sexual predator, the court shall specify in the offender's	132
sentence and the judgment of conviction that contains the sentence	133
or in the delinquent child's dispositional order, as appropriate,	134
that the court has determined that the offender or delinquent	135
child is not a sexual predator. If the court determines by clear	136
and convincing evidence that the subject offender or delinquent	137
child is a sexual predator, the court shall specify in the	138
offender's sentence and the judgment of conviction that contains	139
the sentence or in the delinquent child's dispositional order, as	140
appropriate, that the court has determined that the offender or	141
delinquent child is a sexual predator and shall specify that the	142
determination was pursuant to division (B) of this section. The	143
offender or delinquent child and the prosecutor who prosecuted the	144
offender or handled the case against the delinquent child for the	145
sexually oriented offense in question may appeal as a matter of	146
right the court's determination under this division as to whether	147
the offender or delinquent child is, or is not, a sexual predator.	148

(5) A hearing shall not be conducted under division (B) of	149
this section regarding an offender if the sexually oriented	150
offense in question is a sexually violent offense and, if the	151
indictment, count in the indictment, or information charging the	152
offense also included a sexually violent predator specification,	153
and if the offender is convicted of or pleads guilty to that	154
sexually violent predator specification.	155

(C)(1) If a person was convicted of or pleaded guilty to a	156
sexually oriented offense prior to January 1, 1997, if the person	157
was not sentenced for the offense on or after January 1, 1997, and	158
if, on or after January 1, 1997, the offender is serving a term of	159
imprisonment in a state correctional institution, the department	160
of rehabilitation and correction shall determine whether to	161
recommend that the offender be adjudicated as being a sexual	162
predator. In making a determination under this division as to	163
whether to recommend that the offender be adjudicated as being a	164
sexual predator, the department shall consider all relevant	165
factors, including, but not limited to, all of the factors	166
specified in division (B)(2) of this section. If the department	167
determines that it will recommend that the offender be adjudicated	168
as being a sexual predator, it immediately shall send the	169
recommendation to the court that sentenced the offender and shall	170
enter its determination and recommendation in the offender's	171
institutional record, and the court shall proceed in accordance	172
with division (C)(2) of this section.	173

(2)(a) If, pursuant to division (C)(1) of this section, the	174
department of rehabilitation and correction sends to a court a	175
recommendation that an offender who has been convicted of or	176
pleaded guilty to a sexually oriented offense be adjudicated as	177
being a sexual predator, the court is not bound by the	178
department's recommendation, and the court may conduct a hearing	179
to determine whether the offender is a sexual predator. The court	180
may deny the recommendation and determine that the offender is not	181
a sexual predator without a hearing but shall not make a	182
determination that the offender is a sexual predator in any case	183
without a hearing. The court may hold the hearing and make the	184
determination prior to the offender's release from imprisonment or	185
at any time within one year following the offender's release from	186
that imprisonment. If the court determines without a hearing that	187
the offender is not a sexual predator, it shall include its	188
determination in the offender's institutional record and shall	189
determine whether the offender previously has been convicted of or	190
pleaded guilty to a sexually oriented offense other than the	191
offense in relation to which the court determined that the	192
offender is not a sexual predator.	193

The court may make the determination as to whether the	194
offender previously has been convicted of or pleaded guilty to a	195
sexually oriented offense without a hearing, but, if the court	196
determines that the offender previously has been convicted of or	197
pleaded guilty to such an offense, it shall not impose a	198
requirement that the offender be subject to the community	199
notification provisions regarding the offender's place of	200
residence that are contained in sections 2950.10 and 2950.11 of	201
the Revised Code without a hearing. The court may conduct a	202
hearing to determine both whether the offender previously has been	203
convicted of or pleaded guilty to a sexually oriented offense and	204
whether to impose a requirement that the offender be subject to	205
the community notification provisions as described in this	206
division, or may conduct a hearing solely to make the latter	207
determination. The court shall include in the offender's	208
institutional record any determination made under this division as	209
to whether the offender previously has been convicted of or	210
pleaded guilty to a sexually oriented offense, and, as such,	211
whether the offender is a habitual sex offender.	212

(b) If the court schedules a hearing under division	213
(C)(2)(a) of this section, the court shall give the offender and	214
the prosecutor who prosecuted the offender for the sexually	215
oriented offense, or that prosecutor's successor in office, notice	216
of the date, time, and place of the hearing. If the hearing is to	217
determine whether the offender is a sexual predator, it shall be	218
conducted in the manner described in division (B)(1) of this	219
section regarding hearings conducted under that division and, in	220
making a determination under this division as to whether the	221
offender is a sexual predator, the court shall consider all	222
relevant factors, including, but not limited to, all of the	223
factors specified in division (B)(2) of this section. After	224
reviewing all testimony and evidence presented at the sexual	225
predator hearing and the factors specified in division (B)(2) of	226
this section, the court shall determine by clear and convincing	227
evidence whether the offender is a sexual predator. If the court	228
determines that the offender is not a sexual predator, it also	229
shall determine whether the offender previously has been convicted	230
of or pleaded guilty to a sexually oriented offense other than the	231
offense in relation to which the hearing is being conducted.	232

Upon making its determinations at the hearing, the court	233
shall proceed as follows:	234

(i) If the hearing is to determine whether the offender is a	235
sexual predator, and if the court determines that the offender is	236
not a sexual predator and that the offender previously has not	237
been convicted of or pleaded guilty to a sexually oriented offense	238
other than the offense in relation to which the hearing is being	239
conducted, it shall include its determinations in the offender's	240
institutional record.	241

(ii) If the hearing is to determine whether the offender is	242
a sexual predator, and if the court determines that the offender	243
is not a sexual predator but that the offender previously has been	244
convicted of or pleaded guilty to a sexually oriented offense	245
other than the offense in relation to which the hearing is being	246
conducted, it shall include its determination that the offender is	247
not a sexual predator but is a habitual sex offender in the	248
offender's institutional record, shall attach the determinations	249
to the offender's sentence, shall specify that the determinations	250
were pursuant to division (C) of this section, shall provide a	251
copy of the determinations to the offender, to the prosecuting	252
attorney, and to the department of rehabilitation and correction,	253
and may impose a requirement that the offender be subject to the	254
community notification provisions regarding the offender's place	255
of residence that are contained in sections 2950.10 and 2950.11 of	256
the Revised Code. The offender shall not be subject to those	257
community notification provisions relative to the sexually	258
oriented offense in question if the court does not so impose the	259
requirement described in this division. If the court imposes	260
those community notification provisions, the offender may appeal	261
the judge's determination that the offender is a habitual sex	262
offender.	263

(iii) If the hearing is to determine whether the offender	264
previously has been convicted of or pleaded guilty to a sexually	265
oriented offense other than the offense in relation to which the	266
hearing is being conducted and whether to impose a requirement	267
that the offender be subject to the specified community	268
notification provisions, and if the court determines that the	269
offender previously has been convicted of or pleaded guilty to	270
such an offense, the court shall proceed as described in division	271
(C)(2)(b)(ii) of this section and may impose a community	272
notification requirement as described in that division. The	273
offender shall not be subject to the specified community	274
notification provisions relative to the sexually oriented offense	275
in question if the court does not so impose the requirement	276
described in that division. If the court imposes those community	277
notification provisions, the offender may appeal the judge's	278
determination that the offender is a habitual sex offender.	279

(iv) If the court determined without a hearing that the	280
offender previously has been convicted of or pleaded guilty to a	281
sexually oriented offense other than the offense in relation to	282
which the court determined that the offender is not a sexual	283
predator, and, as such, is a habitual sex offender, and the	284
hearing is solely to determine whether to impose a requirement	285
that the offender be subject to the specified community	286
notification provisions, after the hearing, the court may impose a	287
community notification requirement as described in division	288
(C)(2)(b)(ii) of this section. The offender shall not be subject	289
to the specified community notification provisions relative to the	290
sexually oriented offense in question if the court does not so	291
impose the requirement described in that division. If the court	292
imposes those community notification provisions, the offender may	293
appeal the judge's determination that the offender is a habitual	294
sex offender.	295

(v) If the hearing is to determine whether the offender is a	296
sexual predator, and if the court determines by clear and	297
convincing evidence that the offender is a sexual predator, it	298
shall enter its determination in the offender's institutional	299
record, shall attach the determination to the offender's sentence,	300
shall specify that the determination was pursuant to division (C)	301
of this section, and shall provide a copy of the determination to	302
the offender, to the prosecuting attorney, and to the department	303
of rehabilitation and correction. The offender and the prosecutor	304
may appeal as a matter of right the judge's determination under	305
this division as to whether the offender is, or is not, a sexual	306
predator.	307

(D)(1) Division (D) of this section applies to persons who	308
have been convicted of or pleaded guilty to a sexually oriented	309
offense. The procedures set forth in division (D) of this section	310
regarding a determination of whether a person no longer is a	311
sexual predator also apply, to the extent specified in section	312
2152.84 or 2152.85 of the Revised Code, to persons who have been	313
adjudicated a delinquent child for committing a sexually oriented	314
offense and have been determined by a juvenile court judge to be a	315
sexual predator. A person who has been adjudicated a delinquent	316
child for committing a sexually oriented offense and who has been	317
classified by a juvenile court judge a juvenile sex offender	318
registrant or, if applicable, additionally has been determined by	319
a juvenile court judge to be a sexual predator or habitual sex	320
offender, may petition the adjudicating court for a	321
reclassification or declassification pursuant to section 2152.85	322
of the Revised Code.	323

Upon the expiration of the applicable period of time	324
specified in division (D)(1)(a) or (b) of this section, an	325
offender who has been convicted of or pleaded guilty to a sexually	326
oriented offense and who has been adjudicated as being a sexual	327
predator relative to the sexually oriented offense in the manner	328
described in division (B) or (C) of this section may petition the	329
judge who made the determination that the offender was a sexual	330
predator, or that judge's successor in office, to enter a	331
determination that the offender no longer is a sexual predator.	332
Upon the filing of the petition, the judge may review the prior	333
sexual predator determination that comprises the sexually violent	334
sexual predator adjudication, and, upon consideration of all	335
relevant evidence and information, including, but not limited to,	336
the factors set forth in division (B)(3) of this section, either	337
shall enter a determination that the offender no longer is a	338
sexual predator or shall enter an order denying the petition. The	339
judge shall not enter a determination under this division that the	340
offender no longer is a sexual predator unless the judge	341
determines by clear and convincing evidence that the offender is	342
unlikely to commit a sexually oriented offense in the future. If	343
the judge enters a determination under this division that the	344
offender no longer is a sexual predator, the judge shall notify	345
the bureau of criminal identification and investigation and the	346
parole board of the determination. Upon receipt of the	347
notification, the bureau promptly shall notify the sheriff with	348
whom the offender most recently registered under section 2950.04	349
or 2950.05 of the Revised Code of the determination that the	350
offender no longer is a sexual predator. If the judge enters an	351
order denying the petition, the prior adjudication of the offender	352
as a sexual predator shall remain in effect. An offender	353
determined to be a sexual predator in the manner described in	354
division (B) or (C) of this section may file a petition under this	355
division after the expiration of the following periods of time:	356

(a) Regardless of when the sexually oriented offense was	357
committed, if, on or after January 1, 1997, the offender is	358
imprisoned or sentenced to a prison term or other confinement for	359
the sexually oriented offense in relation to which the	360
determination was made, the offender initially may file the	361
petition not earlier than one year prior to the offender's release	362
from the imprisonment, prison term, or other confinement by	363
discharge, parole, judicial release, or any other final release.	364
If the offender is sentenced on or after January 1, 1997, for the	365
sexually oriented offense in relation to which the determination	366
is made and is not imprisoned or sentenced to a prison term or	367
other confinement for the sexually oriented offense, the offender	368
initially may file the petition upon the expiration of one year	369
after the entry of the offender's judgment of conviction.	370

(b) After the offender's initial filing of a petition under	371
division (D)(1)(a) of this section, thereafter, an offender may	372
file a petition under this division upon the expiration of five	373
years after the court has entered an order denying the petition	374
under division (D)(1)(a) of this section or the most recent	375
petition the offender has filed under this division.	376

(2) Except as otherwise provided in this division, division	377
(D)(1) of this section does not apply to a person who is	378
classified as a sexual predator pursuant to division (A) of this	379
section. If a person who is so classified was sentenced to a	380
prison term pursuant to division (A)(3) of section 2971.03 of the	381
Revised Code and if the sentencing court terminates the offender's	382
prison term as provided in division (D) of section 2971.05 of the	383
Revised Code, the court's termination of the prison term	384
automatically shall constitute a determination by the court that	385
the offender no longer is a sexual predator. If the court so	386
terminates the offender's prison term, the court shall notify the	387
bureau of criminal identification and investigation and the parole	388
board of the determination that the offender no longer is a sexual	389
predator. Upon receipt of the notification, the bureau promptly	390
shall notify the sheriff with whom the offender most recently	391
registered under section 2950.04 or 2950.05 of the Revised Code	392
that the offender no longer is a sexual predator. If an offender	393
who is classified as a sexual predator pursuant to division (A) of	394
this section is released from prison pursuant to a pardon or	395
commutation, the classification of the offender as a sexual	396
predator shall remain in effect after the offender's release, and	397
the offender may file one or more petitions in accordance with the	398
procedures and time limitations contained in division (D)(1) of	399
this section for a determination that the offender no longer is a	400
sexual predator.	401

(E) If a person is convicted of or pleads guilty to	402
committing, on or after January 1, 1997, a sexually oriented	403
offense, the judge who is to impose sentence on the offender shall	404
determine, prior to sentencing, whether the offender previously	405
has been convicted of or pleaded guilty to a sexually oriented	406
offense. If a person is classified a juvenile sex offender	407
registrant, pursuant to section 2152.82 or division (A) of section	408
2152.83 of the Revised Code, the adjudicating judge shall	409
determine, prior to entering the order classifying the delinquent	410
child a juvenile sex offender registrant, whether the delinquent	411
child previously has been adjudicated a delinquent child for	412
committing a sexually oriented offense. If the adjudicating judge	413
has classified the delinquent child under division (A) of section	414
2152.83 of the Revised Code based on that adjudication a juvenile	415
sex offender registrant, the judge shall determine, prior to	416
entering the classification order, whether the delinquent child	417
previously has been adjudicated a delinquent child for committing	418
a sexually oriented offense. If the judge determines that the	419
offender previously has not been convicted of or pleaded guilty to	420
a sexually oriented offense or that the delinquent child	421
previously has not been adjudicated a delinquent child for	422
committing a sexually oriented offense, the judge shall specify in	423
the offender's sentence or in the order classifying the delinquent	424
child a juvenile sex offender registrant that the judge has	425
determined that the offender or delinquent child is not a habitual	426
sex offender. If the judge determines that the offender	427
previously has been convicted of or pleaded guilty to a sexually	428
oriented offense or that the delinquent child previously has been	429
adjudicated a delinquent child for committing a sexually oriented	430
offense, the judge shall specify in the offender's sentence and	431
the judgment of conviction that contains the sentence or in the	432
order classifying the delinquent child a juvenile sex offender	433
registrant that the judge has determined that the offender or	434
delinquent child is a habitual sex offender and may impose a	435
requirement in that sentence and judgment of conviction or in that	436
order that the offender or delinquent child be subject to the	437
community notification provisions regarding the offender's or	438
delinquent child's place of residence that are contained in	439
sections 2950.10 and 2950.11 of the Revised Code. Unless the	440
habitual sex offender also has been adjudicated as being a sexual	441
predator relative to the sexually oriented offense in question,	442
the offender or delinquent child shall be subject to those	443
community notification provisions only if the court imposes the	444
requirement described in this division in the offender's sentence	445
and the judgment of conviction or in the order classifying the	446
delinquent child a juvenile sex offender registrant.	447

(F)(1) An offender or delinquent child classified as a	448
sexual predator may petition the court of common pleas or, for a	449
delinquent child, the juvenile court of the county in which the	450
offender or delinquent child resides or temporarily is domiciled	451
to enter a determination that the offender or delinquent child is	452
not an adjudicated sexual predator in this state for purposes of	453
the sex offender registration requirements of this chapter or the	454
community notification provisions contained in sections 2950.10	455
and 2950.11 of the Revised Code if all of the following apply:	456

(a) The offender or delinquent child was convicted of,	457
pleaded guilty to, or was adjudicated a delinquent child for	458
committing, a sexually oriented offense in another state or in a	459
federal court, a military court, or an Indian tribal court.	460

(b) As a result of the conviction, plea of guilty, or	461
adjudication described in division (F)(1)(a) of this section, the	462
offender or delinquent child is required under the law of the	463
jurisdiction under which the offender or delinquent child was	464
convicted, pleaded guilty, or was adjudicated to register as a sex	465
offender until the offender's or delinquent child's death and is	466
required to verify the offender's or delinquent child's address on	467
at least a quarterly basis each year.	468

(c) The offender or delinquent child was automatically	469
classified as a sexual predator under division (A) of this section	470
in relation to the conviction, guilty plea, or adjudication	471
described in division (F)(1)(a) of this section.	472

(2) The court may enter a determination that the offender or	473
delinquent child filing the petition described in division (F)(1)	474
of this section is not an adjudicated sexual predator in this	475
state for purposes of the sex offender registration requirements	476
of this chapter or the community notification provisions contained	477
in sections 2950.10 and 2950.11 of the Revised Code only if the	478
offender or delinquent child proves by clear and convincing	479
evidence that the requirement of the other jurisdiction that the	480
offender or delinquent child register as a sex offender until the	481
offender's or delinquent child's death and the requirement that	482
the offender or delinquent child verify the offender's or	483
delinquent child's address on at least a quarterly basis each year	484
is not substantially similar to a classification as a sexual	485
predator for purposes of this chapter.	486

Sec. 2950.12.  (A) Except as provided in division (B) of	487
this section, any of the following persons shall be immune from	488
liability in a civil action to recover damages for injury, death,	489
or loss to person or property allegedly caused by an act or	490
omission in connection with a power, duty, responsibility, or	491
authorization under this chapter or under rules adopted under	492
authority of this chapter:	493

(1) An officer or employee of the bureau of criminal	494
identification and investigation;	495

(2) The attorney general, a chief of police, marshal, or	496
other chief law enforcement officer of a municipal corporation, a	497
sheriff, a constable or chief of police of a township police	498
department or police district police force, and a deputy, officer,	499
or employee of the office of the attorney general, the law	500
enforcement agency served by the marshal or the municipal or	501
township chief, the office of the sheriff, or the constable;	502

(3) A prosecutor and an officer or employee of the office of	503
a prosecutor;	504

(4) A supervising officer and an officer or employee of the	505
adult parole authority of the department of rehabilitation and	506
correction;	507

(5) A supervising officer and an officer or employee of the	508
department of youth services;	509

(6) A supervisor and a caseworker or employee of a public	510
children services agency acting pursuant to section 5153.16 of the	511
Revised Code;	512

(7) A managing officer of a state correctional institution	513
and an officer or employee of the department of rehabilitation and	514
correction;	515

(8) A person identified in division (A)(2), (3), (4), (5),	516
(6), or (7) of section 2950.11 of the Revised Code or the agent of	517
that person.	518

(B) The immunity described in division (A) of this section	519
does not apply to a person described in divisions (A)(1) to (7)	520
(8) of this section if, in relation to the act or omission in	521
question, any of the following applies:	522

(1) The act or omission was manifestly outside the scope of	523
the person's employment or official responsibilities.	524

(2) The act or omission was with malicious purpose, in bad	525
faith, or in a wanton or reckless manner.	526

(3) Liability for the act or omission is expressly imposed	527
by a section of the Revised Code.	528

Section 2. That existing sections 2950.09 and 2950.12 of the	529
Revised Code are hereby repealed.	530

Section 3. This act is hereby declared to be an emergency	531
measure necessary for the immediate preservation of the public	532
peace, health, and safety. The reason for such necessity is that,	533
because sexual predators are subjected to more stringent	534
registration requirements and to community notification	535
requirements that provide for increased public safety, it is	536
crucial for courts to have the mechanism enacted in this act for	537
determining whether a person who is convicted of a sexually	538
oriented offense but acquitted of a sexually violent predator	539
specification included in the charges for that offense is a sexual	540
predator. Therefore, this act shall go into immediate effect.	541