REPRESENTATIVES Latta, Callender, Oelslager, DePiero, Faber, D. Evans, Grendell, Gilb, Willamowski, Seitz, Allen, Aslanides, Blasdel, Boccieri, Brown, Buehrer, Calvert, Carano, Carmichael, Cates, Cirelli, Clancy, Collier, Core, Daniels, DeBose, DeWine, Distel, Domenick, C. Evans, Flowers, Gibbs, Hagan, Hartnett, Harwood, Hoops, Hughes, Husted, Jolivette, Martin, McGregor, Olman, S. Patton, T. Patton, Perry, Peterson, Raga, Raussen, Reidelbach, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Setzer, Sferra, G. Smith, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, Widener, Widowfield, Wolpert, Young

To amend sections 109.42, 109.57, 325.32, 1923.01,

1

1923.02, 1923.051, 2152.02, 2152.19, 2152.191,

2

2152.82, 2152.83, 2152.84, 2152.85, 2743.191,

3

2743.69, 2901.07, 2907.07, 2919.24, 2929.01,

4

2929.13, 2929.19, 2929.21, 2935.36, 2950.01,

5

2950.02, 2950.03, 2950.04, 2950.05, 2950.06,

6

2950.07, 2950.08, 2950.081, 2950.09, 2950.10,

7

2950.11, 2950.12, 2950.13, 2950.14, 2950.99,

8

2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and

9

5321.03 and to enact sections 311.171, 2152.811,

10

2152.851, 2950.021, 2950.031, 2950.041, 2950.091,

11

2950.111, and 5321.051 of the Revised Code to

12

modify the Sex Offender Registration and

13

Notification Law by adopting most of the

14

recommendations of the Governor's Sex Offender

15

Registration and Notification Task Force,

16

generally conforming the Law to federal

17

guidelines, renaming as "child-victim oriented

18

offenses" certain crimes against children not

19

committed with a sexual motivation that currently

20

subject offenders and delinquent children to the

21

Law, exempting certain sexually oriented offenses

22

committed by a first-time offender delinquent

23

child against a person 18 years of age or older

24

from the registration and related duties under the

25

Law unless a judge removes the exemption,

26

providing a penalty for failing to send a notice

27

of intent to reside, clarifying that habitual sex

28

offenders or habitual child-victim offenders in

29

another jurisdiction are habitual sex offenders or

30

habitual child-victim offenders under Ohio law,

31

clarifying the Law's community notification

32

provisions as applied to multi-unit buildings,

33

specifying that convictions in courts of foreign

34

nations are sexually oriented offenses or

35

child-victim oriented offenses under the Law,

36

prohibiting an offender who is subject to the Law

37

from establishing a residence within 1,000 feet of

38

any school premises, permitting landlords to evict

39

such an offender from residential premises located

40

within 1,000 feet of school premises, permitting a

41

sheriff to charge a fee to register, register a

42

change of residence address of, or verify a

43

residence address of an adult offender who is

44

required to register under the Law, and making

45

other changes in that Law; to eliminate from the

46

offense of "importuning" a prohibition that the

47

Supreme Court found to be unconstitutional; to

48

expand the purposes for which payments may be made

49

from the Reparations Fund; to amend the versions

50

of sections 109.42, 2152.02, 2152.19, 2743.191,

51

2929.01, 2929.13, 2929.19, 2929.23, 2950.01,

52

2950.99, and 5321.01 of the Revised Code that are

53

scheduled to take effect on January 1, 2004, to

54

continue the provisions of this act on and after

55

that effective date; and to declare an emergency.

56

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

Section 1. That sections 109.42, 109.57, 325.32, 1923.01,	57
1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83,	58
2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07, 2919.24,	59
2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01, 2950.02,	60
2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081,	61
2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2950.99,	62
2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03 be	63
amended and sections 311.171, 2152.811, 2152.851, 2950.021,	64
2950.031, 2950.041, 2950.091, 2950.111, and 5321.051 of the	65
Revised Code be enacted to read as follows:	66

Sec. 109.42.  (A) The attorney general shall prepare and have	67
printed a pamphlet that contains a compilation of all statutes	68
relative to victim's rights in which the attorney general lists	69
and explains the statutes in the form of a victim's bill of	70
rights. The attorney general shall distribute the pamphlet to all	71
sheriffs, marshals, municipal corporation and township police	72
departments, constables, and other law enforcement agencies, to	73
all prosecuting attorneys, city directors of law, village	74
solicitors, and other similar chief legal officers of municipal	75
corporations, and to organizations that represent or provide	76
services for victims of crime. The victim's bill of rights set	77
forth in the pamphlet shall contain a description of all of the	78
rights of victims that are provided for in Chapter 2930. or in any	79
other section of the Revised Code and shall include, but not be	80
limited to, all of the following:	81

(1) The right of a victim or a victim's representative to	82
attend a proceeding before a grand jury, in a juvenile case, or in	83
a criminal case pursuant to a subpoena without being discharged	84
from the victim's or representative's employment, having the	85
victim's or representative's employment terminated, having the	86
victim's or representative's pay decreased or withheld, or	87
otherwise being punished, penalized, or threatened as a result of	88
time lost from regular employment because of the victim's or	89
representative's attendance at the proceeding pursuant to the	90
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	91
2945.451 of the Revised Code;	92

(2) The potential availability pursuant to section 2151.359	93
or 2152.61 of the Revised Code of a forfeited recognizance to pay	94
damages caused by a child when the delinquency of the child or	95
child's violation of probation or community control is found to be	96
proximately caused by the failure of the child's parent or	97
guardian to subject the child to reasonable parental authority or	98
to faithfully discharge the conditions of probation or community	99
control;	100

(3) The availability of awards of reparations pursuant to	101
sections 2743.51 to 2743.72 of the Revised Code for injuries	102
caused by criminal offenses;	103

(4) The right of the victim in certain criminal or juvenile	104
cases or a victim's representative to receive, pursuant to section	105
2930.06 of the Revised Code, notice of the date, time, and place	106
of the trial or delinquency proceeding in the case or, if there	107
will not be a trial or delinquency proceeding, information from	108
the prosecutor, as defined in section 2930.01 of the Revised Code,	109
regarding the disposition of the case;	110

(5) The right of the victim in certain criminal or juvenile	111
cases or a victim's representative to receive, pursuant to section	112
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	113
name of the person charged with the violation, the case or docket	114
number assigned to the charge, and a telephone number or numbers	115
that can be called to obtain information about the disposition of	116
the case;	117

(6) The right of the victim in certain criminal or juvenile	118
cases or of the victim's representative pursuant to section	119
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	120
terms set by the court as authorized under section 2930.14 of the	121
Revised Code, to make a statement about the victimization and, if	122
applicable, a statement relative to the sentencing or disposition	123
of the offender;	124

(7) The opportunity to obtain a court order, pursuant to	125
section 2945.04 of the Revised Code, to prevent or stop the	126
commission of the offense of intimidation of a crime victim or	127
witness or an offense against the person or property of the	128
complainant, or of the complainant's ward or child;	129

(8) The right of the victim in certain criminal or juvenile	130
cases or a victim's representative pursuant to sections 2151.38,	131
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	132
receive notice of a pending motion for judicial release or early	133
release of the person who committed the offense against the	134
victim, to make an oral or written statement at the court hearing	135
on the motion, and to be notified of the court's decision on the	136
motion;	137

(9) The right of the victim in certain criminal or juvenile	138
cases or a victim's representative pursuant to section 2930.16,	139
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	140
of any pending commutation, pardon, parole, transitional control,	141
discharge, other form of authorized release, post-release control,	142
or supervised release for the person who committed the offense	143
against the victim or any application for release of that person	144
and to send a written statement relative to the victimization and	145
the pending action to the adult parole authority or the release	146
authority of the department of youth services;	147

(10) The right of the victim to bring a civil action pursuant	148
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	149
from the offender's profit fund;	150

(11) The right, pursuant to section 3109.09 of the Revised	151
Code, to maintain a civil action to recover compensatory damages	152
not exceeding ten thousand dollars and costs from the parent of a	153
minor who willfully damages property through the commission of an	154
act that would be a theft offense, as defined in section 2913.01	155
of the Revised Code, if committed by an adult;	156

(12) The right, pursuant to section 3109.10 of the Revised	157
Code, to maintain a civil action to recover compensatory damages	158
not exceeding ten thousand dollars and costs from the parent of a	159
minor who willfully and maliciously assaults a person;	160

(13) The possibility of receiving restitution from an	161
offender or a delinquent child pursuant to section 2152.20,	162
2929.18, or 2929.21 of the Revised Code;	163

(14) The right of the victim in certain criminal or juvenile	164
cases or a victim's representative, pursuant to section 2930.16 of	165
the Revised Code, to receive notice of the escape from confinement	166
or custody of the person who committed the offense, to receive	167
that notice from the custodial agency of the person at the	168
victim's last address or telephone number provided to the	169
custodial agency, and to receive notice that, if either the	170
victim's address or telephone number changes, it is in the	171
victim's interest to provide the new address or telephone number	172
to the custodial agency;	173

(15) The right of a victim of domestic violence to seek the	174
issuance of a temporary protection order pursuant to section	175
2919.26 of the Revised Code, to seek the issuance of a civil	176
protection order pursuant to section 3113.31 of the Revised Code,	177
and to be accompanied by a victim advocate during court	178
proceedings;	179

(16) The right of a victim of a sexually oriented offense	180
that is not a registration-exempt sexually oriented offense or of	181
a child-victim oriented offense that is committed by a person who	182
is convicted of or pleads guilty to an aggravated sexually	183
oriented offense, by a person who is adjudicated as being a sexual	184
predator or child-victim predator, or, in certain cases, by a	185
person who is determined to be a habitual sex offender or habitual	186
child-victim offender to receive, pursuant to section 2950.10 of	187
the Revised Code, notice that the person has registered with a	188
sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised	189
Code and notice of the person's name and, the person's residence	190
address that is registered, and the offender's school, institution	191
of higher education, or place of employment address or addresses	192
that are registered, and a summary of the manner in which the	193
victim must make a request to receive the notice. As used in this	194
division, "sexually oriented offense," "adjudicated as being a	195
sexual predator," and "habitual sex offender,"	196
"registration-exempt sexually oriented offense," "aggravated	197
sexually oriented offense," "child-victim oriented offense,"	198
"adjudicated a child-victim predator," and "habitual child-victim	199
offender" have the same meanings as in section 2950.01 of the	200
Revised Code.	201

(17) The right of a victim of certain sexually violent	202
offenses committed by a sexually violent predator who is sentenced	203
to a prison term pursuant to division (A)(3) of section 2971.03 of	204
the Revised Code to receive, pursuant to section 2930.16 of the	205
Revised Code, notice of a hearing to determine whether to modify	206
the requirement that the offender serve the entire prison term in	207
a state correctional facility, whether to continue, revise, or	208
revoke any existing modification of that requirement, or whether	209
to terminate the prison term. As used in this division, "sexually	210
violent offense" and "sexually violent predator" have the same	211
meanings as in section 2971.01 of the Revised Code.	212

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	213
prosecuting attorney, assistant prosecuting attorney, city	214
director of law, assistant city director of law, village	215
solicitor, assistant village solicitor, or similar chief legal	216
officer of a municipal corporation or an assistant of any of those	217
officers who prosecutes an offense committed in this state, upon	218
first contact with the victim of the offense, the victim's family,	219
or the victim's dependents, shall give the victim, the victim's	220
family, or the victim's dependents a copy of the pamphlet prepared	221
pursuant to division (A) of this section and explain, upon	222
request, the information in the pamphlet to the victim, the	223
victim's family, or the victim's dependents.	224

(b) Subject to division (B)(1)(c) of this section, a law	225
enforcement agency that investigates an offense or delinquent act	226
committed in this state shall give the victim of the offense or	227
delinquent act, the victim's family, or the victim's dependents a	228
copy of the pamphlet prepared pursuant to division (A) of this	229
section at one of the following times:	230

(i) Upon first contact with the victim, the victim's family,	231
or the victim's dependents;	232

(ii) If the offense or delinquent act is an offense of	233
violence, if the circumstances of the offense or delinquent act	234
and the condition of the victim, the victim's family, or the	235
victim's dependents indicate that the victim, the victim's family,	236
or the victim's dependents will not be able to understand the	237
significance of the pamphlet upon first contact with the agency,	238
and if the agency anticipates that it will have an additional	239
contact with the victim, the victim's family, or the victim's	240
dependents, upon the agency's second contact with the victim, the	241
victim's family, or the victim's dependents.	242

If the agency does not give the victim, the victim's family,	243
or the victim's dependents a copy of the pamphlet upon first	244
contact with them and does not have a second contact with the	245
victim, the victim's family, or the victim's dependents, the	246
agency shall mail a copy of the pamphlet to the victim, the	247
victim's family, or the victim's dependents at their last known	248
address.	249

(c) In complying on and after December 9, 1994, with the	250
duties imposed by division (B)(1)(a) or (b) of this section, an	251
official or a law enforcement agency shall use copies of the	252
pamphlet that are in the official's or agency's possession on	253
December 9, 1994, until the official or agency has distributed all	254
of those copies. After the official or agency has distributed all	255
of those copies, the official or agency shall use only copies of	256
the pamphlet that contain at least the information described in	257
division (A)(1) to (17) of this section.	258

(2) The failure of a law enforcement agency or of a	259
prosecuting attorney, assistant prosecuting attorney, city	260
director of law, assistant city director of law, village	261
solicitor, assistant village solicitor, or similar chief legal	262
officer of a municipal corporation or an assistant to any of those	263
officers to give, as required by division (B)(1) of this section,	264
the victim of an offense or delinquent act, the victim's family,	265
or the victim's dependents a copy of the pamphlet prepared	266
pursuant to division (A) of this section does not give the victim,	267
the victim's family, the victim's dependents, or a victim's	268
representative any rights under section 122.95, 2743.51 to	269
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	270
of the Revised Code or under any other provision of the Revised	271
Code and does not affect any right under those sections.	272

(3) A law enforcement agency, a prosecuting attorney or	273
assistant prosecuting attorney, or a city director of law,	274
assistant city director of law, village solicitor, assistant	275
village solicitor, or similar chief legal officer of a municipal	276
corporation that distributes a copy of the pamphlet prepared	277
pursuant to division (A) of this section shall not be required to	278
distribute a copy of an information card or other printed material	279
provided by the clerk of the court of claims pursuant to section	280
2743.71 of the Revised Code.	281

(C) The cost of printing and distributing the pamphlet	282
prepared pursuant to division (A) of this section shall be paid	283
out of the reparations fund, created pursuant to section 2743.191	284
of the Revised Code, in accordance with division (D) of that	285
section.	286

(D) As used in this section:

287

(1) "Victim's representative" has the same meaning as in	288
section 2930.01 of the Revised Code;	289

(2) "Victim advocate" has the same meaning as in section	290
2919.26 of the Revised Code.	291

Sec. 109.57.  (A)(1) The superintendent of the bureau of	292
criminal identification and investigation shall procure from	293
wherever procurable and file for record photographs, pictures,	294
descriptions, fingerprints, measurements, and other information	295
that may be pertinent of all persons who have been convicted of	296
committing within this state a felony, any crime constituting a	297
misdemeanor on the first offense and a felony on subsequent	298
offenses, or any misdemeanor described in division (A)(1)(a) of	299
section 109.572 of the Revised Code, of all children under	300
eighteen years of age who have been adjudicated delinquent	301
children for committing within this state an act that would be a	302
felony or an offense of violence if committed by an adult or who	303
have been convicted of or pleaded guilty to committing within this	304
state a felony or an offense of violence, and of all well-known	305
and habitual criminals. The person in charge of any county,	306
multicounty, municipal, municipal-county, or multicounty-municipal	307
jail or workhouse, community-based correctional facility, halfway	308
house, alternative residential facility, or state correctional	309
institution and the person in charge of any state institution	310
having custody of a person suspected of having committed a felony,	311
any crime constituting a misdemeanor on the first offense and a	312
felony on subsequent offenses, or any misdemeanor described in	313
division (A)(1)(a) of section 109.572 of the Revised Code or	314
having custody of a child under eighteen years of age with respect	315
to whom there is probable cause to believe that the child may have	316
committed an act that would be a felony or an offense of violence	317
if committed by an adult shall furnish such material to the	318
superintendent of the bureau. Fingerprints, photographs, or other	319
descriptive information of a child who is under eighteen years of	320
age, has not been arrested or otherwise taken into custody for	321
committing an act that would be a felony or an offense of violence	322
if committed by an adult, has not been adjudicated a delinquent	323
child for committing an act that would be a felony or an offense	324
of violence if committed by an adult, has not been convicted of or	325
pleaded guilty to committing a felony or an offense of violence,	326
and is not a child with respect to whom there is probable cause to	327
believe that the child may have committed an act that would be a	328
felony or an offense of violence if committed by an adult shall	329
not be procured by the superintendent or furnished by any person	330
in charge of any county, multicounty, municipal, municipal-county,	331
or multicounty-municipal jail or workhouse, community-based	332
correctional facility, halfway house, alternative residential	333
facility, or state correctional institution, except as authorized	334
in section 2151.313 of the Revised Code.	335

(2) Every clerk of a court of record in this state, other	336
than the supreme court or a court of appeals, shall send to the	337
superintendent of the bureau a weekly report containing a summary	338
of each case involving a felony, involving any crime constituting	339
a misdemeanor on the first offense and a felony on subsequent	340
offenses, involving a misdemeanor described in division (A)(1)(a)	341
of section 109.572 of the Revised Code, or involving an	342
adjudication in a case in which a child under eighteen years of	343
age was alleged to be a delinquent child for committing an act	344
that would be a felony or an offense of violence if committed by	345
an adult. The clerk of the court of common pleas shall include in	346
the report and summary the clerk sends under this division all	347
information described in divisions (A)(2)(a) to (f) of this	348
section regarding a case before the court of appeals that is	349
served by that clerk. The summary shall be written on the standard	350
forms furnished by the superintendent pursuant to division (B) of	351
this section and shall include the following information:	352

(a) The incident tracking number contained on the standard	353
forms furnished by the superintendent pursuant to division (B) of	354
this section;	355

(b) The style and number of the case;

356

(c) The date of arrest;

357

(d) The date that the person was convicted of or pleaded	358
guilty to the offense, adjudicated a delinquent child for	359
committing the act that would be a felony or an offense of	360
violence if committed by an adult, found not guilty of the	361
offense, or found not to be a delinquent child for committing an	362
act that would be a felony or an offense of violence if committed	363
by an adult, the date of an entry dismissing the charge, an entry	364
declaring a mistrial of the offense in which the person is	365
discharged, an entry finding that the person or child is not	366
competent to stand trial, or an entry of a nolle prosequi, or the	367
date of any other determination that constitutes final resolution	368
of the case;	369

(e) A statement of the original charge with the section of	370
the Revised Code that was alleged to be violated;	371

(f) If the person or child was convicted, pleaded guilty, or	372
was adjudicated a delinquent child, the sentence or terms of	373
probation imposed or any other disposition of the offender or the	374
delinquent child.	375

If the offense involved the disarming of a law enforcement	376
officer or an attempt to disarm a law enforcement officer, the	377
clerk shall clearly state that fact in the summary, and the	378
superintendent shall ensure that a clear statement of that fact is	379
placed in the bureau's records.	380

(3) The superintendent shall cooperate with and assist	381
sheriffs, chiefs of police, and other law enforcement officers in	382
the establishment of a complete system of criminal identification	383
and in obtaining fingerprints and other means of identification of	384
all persons arrested on a charge of a felony, any crime	385
constituting a misdemeanor on the first offense and a felony on	386
subsequent offenses, or a misdemeanor described in division	387
(A)(1)(a) of section 109.572 of the Revised Code and of all	388
children under eighteen years of age arrested or otherwise taken	389
into custody for committing an act that would be a felony or an	390
offense of violence if committed by an adult. The superintendent	391
also shall file for record the fingerprint impressions of all	392
persons confined in a county, multicounty, municipal,	393
municipal-county, or multicounty-municipal jail or workhouse,	394
community-based correctional facility, halfway house, alternative	395
residential facility, or state correctional institution for the	396
violation of state laws and of all children under eighteen years	397
of age who are confined in a county, multicounty, municipal,	398
municipal-county, or multicounty-municipal jail or workhouse,	399
community-based correctional facility, halfway house, alternative	400
residential facility, or state correctional institution or in any	401
facility for delinquent children for committing an act that would	402
be a felony or an offense of violence if committed by an adult,	403
and any other information that the superintendent may receive from	404
law enforcement officials of the state and its political	405
subdivisions.	406

(4) The superintendent shall carry out Chapter 2950. of the	407
Revised Code with respect to the registration of persons who are	408
convicted of or plead guilty to either a sexually oriented offense	409
that is not a registration-exempt sexually oriented offense or a	410
child-victim oriented offense and with respect to all other duties	411
imposed on the bureau under that chapter.	412

(B) The superintendent shall prepare and furnish to every	413
county, multicounty, municipal, municipal-county, or	414
multicounty-municipal jail or workhouse, community-based	415
correctional facility, halfway house, alternative residential	416
facility, or state correctional institution and to every clerk of	417
a court in this state specified in division (A)(2) of this section	418
standard forms for reporting the information required under	419
division (A) of this section. The standard forms that the	420
superintendent prepares pursuant to this division may be in a	421
tangible format, in an electronic format, or in both tangible	422
formats and electronic formats.	423

(C) The superintendent may operate a center for electronic,	424
automated, or other data processing for the storage and retrieval	425
of information, data, and statistics pertaining to criminals and	426
to children under eighteen years of age who are adjudicated	427
delinquent children for committing an act that would be a felony	428
or an offense of violence if committed by an adult, criminal	429
activity, crime prevention, law enforcement, and criminal justice,	430
and may establish and operate a statewide communications network	431
to gather and disseminate information, data, and statistics for	432
the use of law enforcement agencies. The superintendent may	433
gather, store, retrieve, and disseminate information, data, and	434
statistics that pertain to children who are under eighteen years	435
of age and that are gathered pursuant to sections 109.57 to 109.61	436
of the Revised Code together with information, data, and	437
statistics that pertain to adults and that are gathered pursuant	438
to those sections.	439

(D) The information and materials furnished to the	440
superintendent pursuant to division (A) of this section and	441
information and materials furnished to any board or person under	442
division (F) or (G) of this section are not public records under	443
section 149.43 of the Revised Code.	444

(E) The attorney general shall adopt rules, in accordance	445
with Chapter 119. of the Revised Code, setting forth the procedure	446
by which a person may receive or release information gathered by	447
the superintendent pursuant to division (A) of this section. A	448
reasonable fee may be charged for this service. If a temporary	449
employment service submits a request for a determination of	450
whether a person the service plans to refer to an employment	451
position has been convicted of or pleaded guilty to an offense	452
listed in division (A)(1), (3), (4), or (5) of section 109.572 of	453
the Revised Code, the request shall be treated as a single request	454
and only one fee shall be charged.	455

(F)(1) As used in division (F)(2) of this section, "head	456
start agency" means an entity in this state that has been approved	457
to be an agency for purposes of subchapter II of the "Community	458
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	459
as amended.	460

(2)(a) In addition to or in conjunction with any request that	461
is required to be made under section 109.572, 2151.86, 3301.32,	462
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	463
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	464
education of any school district; the director of mental	465
retardation and developmental disabilities; any county board of	466
mental retardation and developmental disabilities; any entity	467
under contract with a county board of mental retardation and	468
developmental disabilities; the chief administrator of any	469
chartered nonpublic school; the chief administrator of any home	470
health agency; the chief administrator of or person operating any	471
child day-care center, type A family day-care home, or type B	472
family day-care home licensed or certified under Chapter 5104. of	473
the Revised Code; the administrator of any type C family day-care	474
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	475
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	476
general assembly; the chief administrator of any head start	477
agency; or the executive director of a public children services	478
agency may request that the superintendent of the bureau	479
investigate and determine, with respect to any individual who has	480
applied for employment in any position after October 2, 1989, or	481
any individual wishing to apply for employment with a board of	482
education may request, with regard to the individual, whether the	483
bureau has any information gathered under division (A) of this	484
section that pertains to that individual. On receipt of the	485
request, the superintendent shall determine whether that	486
information exists and, upon request of the person, board, or	487
entity requesting information, also shall request from the federal	488
bureau of investigation any criminal records it has pertaining to	489
that individual. Within thirty days of the date that the	490
superintendent receives a request, the superintendent shall send	491
to the board, entity, or person a report of any information that	492
the superintendent determines exists, including information	493
contained in records that have been sealed under section 2953.32	494
of the Revised Code, and, within thirty days of its receipt, shall	495
send the board, entity, or person a report of any information	496
received from the federal bureau of investigation, other than	497
information the dissemination of which is prohibited by federal	498
law.	499

(b) When a board of education is required to receive	500
information under this section as a prerequisite to employment of	501
an individual pursuant to section 3319.39 of the Revised Code, it	502
may accept a certified copy of records that were issued by the	503
bureau of criminal identification and investigation and that are	504
presented by an individual applying for employment with the	505
district in lieu of requesting that information itself. In such a	506
case, the board shall accept the certified copy issued by the	507
bureau in order to make a photocopy of it for that individual's	508
employment application documents and shall return the certified	509
copy to the individual. In a case of that nature, a district only	510
shall accept a certified copy of records of that nature within one	511
year after the date of their issuance by the bureau.	512

(3) The state board of education may request, with respect to	513
any individual who has applied for employment after October 2,	514
1989, in any position with the state board or the department of	515
education, any information that a school district board of	516
education is authorized to request under division (F)(2) of this	517
section, and the superintendent of the bureau shall proceed as if	518
the request has been received from a school district board of	519
education under division (F)(2) of this section.	520

(4) When the superintendent of the bureau receives a request	521
for information that is authorized under section 3319.291 of the	522
Revised Code, the superintendent shall proceed as if the request	523
has been received from a school district board of education under	524
division (F)(2) of this section.	525

(5) When a recipient of an OhioReads classroom or community	526
reading grant paid under section 3301.86 or 3301.87 of the Revised	527
Code or an entity approved by the OhioReads council requests, with	528
respect to any individual who applies to participate in providing	529
any program or service through an entity approved by the OhioReads	530
council or funded in whole or in part by the grant, the	531
information that a school district board of education is	532
authorized to request under division (F)(2)(a) of this section,	533
the superintendent of the bureau shall proceed as if the request	534
has been received from a school district board of education under	535
division (F)(2)(a) of this section.	536

(G) In addition to or in conjunction with any request that is	537
required to be made under section 173.41, 3701.881, 3712.09,	538
3721.121, or 3722.151 of the Revised Code with respect to an	539
individual who has applied for employment in a position that	540
involves providing direct care to an older adult, the chief	541
administrator of a PASSPORT agency that provides services through	542
the PASSPORT program created under section 173.40 of the Revised	543
Code, home health agency, hospice care program, home licensed	544
under Chapter 3721. of the Revised Code, adult day-care program	545
operated pursuant to rules adopted under section 3721.04 of the	546
Revised Code, or adult care facility may request that the	547
superintendent of the bureau investigate and determine, with	548
respect to any individual who has applied after January 27, 1997,	549
for employment in a position that does not involve providing	550
direct care to an older adult, whether the bureau has any	551
information gathered under division (A) of this section that	552
pertains to that individual. On receipt of the request, the	553
superintendent shall determine whether that information exists	554
and, on request of the administrator requesting information, shall	555
also request from the federal bureau of investigation any criminal	556
records it has pertaining to that individual. Within thirty days	557
of the date a request is received, the superintendent shall send	558
to the administrator a report of any information determined to	559
exist, including information contained in records that have been	560
sealed under section 2953.32 of the Revised Code, and, within	561
thirty days of its receipt, shall send the administrator a report	562
of any information received from the federal bureau of	563
investigation, other than information the dissemination of which	564
is prohibited by federal law.	565

(H) Information obtained by a board, administrator, or other	566
person under this section is confidential and shall not be	567
released or disseminated.	568

(I) The superintendent may charge a reasonable fee for	569
providing information or criminal records under division (F)(2) or	570
(G) of this section.	571

Sec. 311.171. (A) As used in this section:

572

(1) "Federal poverty level" means the income level	573
represented by the poverty guidelines as revised annually by the	574
United States department of health and human services in	575
accordance with section 673(2) of the "Omnibus Reconciliation Act	576
of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family	577
size equal to the size of the family of the person whose income is	578
being determined.	579

(2) "Registration year" of an offender means one of the	580
following:	581

(a) The twelve-month period beginning on the anniversary,	582
occurring on or after January 1, 2004, of the date on which an	583
offender's registration period began in accordance with section	584
2950.07 of the Revised Code;	585

(b) The twelve-month period beginning on the date on which an	586
offender's registration period begins, on or after January 1,	587
2004, in accordance with section 2950.07 of the Revised Code.	588

(B) The sheriff may charge a fee each time a person does any	589
of the following:	590

(1) Registers under section 2950.04 or 2950.041 of the	591
Revised Code;	592

(2) Registers a new residence address under section 2950.05	593
of the Revised Code;	594

(3) Verifies a current residence address under section	595
2950.06 of the Revised Code.	596

(C) If the sheriff charges one or more fees provided for in	597
division (B) of this section, all of the following apply:	598

(1) The sheriff shall not require the payment of any fee from	599
a delinquent child until the delinquent child reaches eighteen	600
years of age. When a delinquent child reaches eighteen years of	601
age and the sheriff charges a fee to the delinquent child, the	602
provisions of this section applicable to "offenders" shall be	603
construed to apply to the delinquent child.	604

(2) For an offender who has been adjudicated a sexual	605
predator or child-victim predator or who has a duty to register as	606
a result of committing an aggravated sexually oriented offense,	607
the fees may not exceed a total of one hundred dollars for each	608
registration year.	609

(3) For an offender who has been determined to be a habitual	610
sexual offender or a habitual child-victim offender, who is not	611
described in division (C)(2) of this section, and for whom the	612
sentencing judge has required community notification, the fees may	613
not exceed a total of fifty dollars for each registration year.	614

(4) For an offender who has been convicted of or pleaded	615
guilty to a sexually oriented offense that is not a	616
registration-exempt sexually oriented offense or a child-victim	617
offense and who is not described in division (C)(2) or (3) of this	618
section, the fees may not exceed a total of twenty-five dollars	619
for each registration year.	620

(5) An offender who is required to pay a fee shall retain the	621
receipts received under section 325.28 of the Revised Code for	622
payments made during the offender's registration year to establish	623
that the payment of any fee will exceed the maximum annual amount	624
permissible under this division.	625

(6) The sheriff shall not refuse to register a person,	626
register a new residence address of a person, or verify the	627
current residence address of a person, who does not pay a fee the	628
sheriff requires under this section.	629

(7) The sheriff shall report unpaid fees in accordance with	630
division (C) of section 325.31 of the Revised Code, and the county	631
may recover those fees in a civil action in the same manner as	632
other money due the county.	633

(D) Each time a person appears before the sheriff to provide	634
any registration or verification specified in division (B) of this	635
section for which the sheriff charges a fee, the sheriff shall	636
determine whether the person is able to pay the fee. In making	637
that determination, the sheriff shall determine whether the	638
person's income is less than one hundred twenty-five per cent of	639
the federal poverty level. A person whose income is equal to or	640
greater than one hundred twenty-five per cent of the federal	641
poverty level shall be considered able to pay the fee.	642

(E) If a sheriff determines a person's income is less than	643
one hundred twenty-five per cent of the federal poverty level, the	644
sheriff shall waive payment of the fee. If the sheriff determines	645
a person's income is equal to or greater than one hundred	646
twenty-five per cent of the federal poverty level, the sheriff may	647
allow the person to pay the fee in accordance with a payment	648
schedule the sheriff establishes based on the person's ability to	649
pay. The sheriff shall document any waiver or alternative fee	650
arrangement in the official registration records of the sheriff's	651
office and shall provide the offender with a written copy of any	652
waiver or alternative fee arrangement.	653

(F) All fees paid to a sheriff under this section shall be	654
paid into the county treasury to the credit of the county general	655
fund and shall be allocated to the sheriff to be used to defray	656
the costs of registering sex offenders and child-victim offenders	657
and providing community notification under Chapter 2950. of the	658
Revised Code.	659

(G) If an offender has registered with a sheriff and	660
subsequently relocates to a different county during a registration	661
year, the annual maximum amounts set forth in division (C) of this	662
section shall apply to the sheriff in the new county, and that	663
sheriff shall consider any payments already made by the offender	664
for purposes of determining when the applicable maximum has been	665
met for the offender's registration year.	666

Sec. 325.32. NoExcept as otherwise provided in section	667
311.171 of the Revised Code, no county officer named in section	668
325.27 of the Revised Code, shall make any reduction, abatement,	669
or remission of any fees, costs, percentages, penalties,	670
allowances, or perquisites of any kind, required to be charged and	671
collected by himthe officer.	672

Sec. 1923.01.  (A) As provided in this chapter, any judge of	673
a county or municipal court or a court of common pleas, within the	674
judge's proper area of jurisdiction, may inquire about persons who	675
make unlawful and forcible entry into lands or tenements and	676
detain them, and about persons who make a lawful and peaceable	677
entry into lands or tenements and hold them unlawfully and by	678
force. If, upon the inquiry, it is found that an unlawful and	679
forcible entry has been made and the lands or tenements are	680
detained, or that, after a lawful entry, lands or tenements are	681
held unlawfully and by force, a judge shall cause the plaintiff in	682
an action under this chapter to have restitution of the lands or	683
tenements.	684

(B) An action shall be brought under this chapter within two	685
years after the cause of action accrues.	686

(C) As used in this chapter:

687

(1) "Tenant" means a person who is entitled under a rental	688
agreement to the use or occupancy of premises, other than premises	689
located in a manufactured home park, to the exclusion of others.	690

(2) "Landlord" means the owner, lessor, or sublessor of	691
premises, or the agent or person the landlord authorizes to manage	692
premises or to receive rent from a tenant under a rental	693
agreement, except, if required by the facts of the action to which	694
the term is applied, "landlord" means a park operator.	695

(3) "Park operator," "manufactured home," "mobile home,"	696
"manufactured home park," "recreational vehicle," and "resident"	697
have the same meanings as in section 3733.01 of the Revised Code.	698

(4) "Residential premises" has the same meaning as in section	699
5321.01 of the Revised Code, except, if required by the facts of	700
the action to which the term is applied, "residential premises"	701
has the same meaning as in section 3733.01 of the Revised Code.	702

(5) "Rental agreement" means any agreement or lease, written	703
or oral, that establishes or modifies the terms, conditions,	704
rules, or other provisions concerning the use or occupancy of	705
premises by one of the parties to the agreement or lease, except	706
that "rental agreement," as used in division (A)(13) of section	707
1923.02 of the Revised Code and where the context requires as used	708
in this chapter, means a rental agreement as defined in division	709
(D) of section 5322.01 of the Revised Code.	710

(6) "Controlled substance" has the same meaning as in section	711
3719.01 of the Revised Code.	712

(7) "School premises" has the same meaning as in section	713
2925.01 of the Revised Code.	714

(8) "Sexually oriented offense" and "child-victim oriented	715
offense" have the same meanings as in section 2950.01 of the	716
Revised Code.	717

Sec. 1923.02.  (A) Proceedings under this chapter may be had	718
as follows:	719

(1) Against tenants or manufactured home park residents	720
holding over their terms;	721

(2) Against tenants or manufactured home park residents in	722
possession under an oral tenancy, who are in default in the	723
payment of rent as provided in division (B) of this section;	724

(3) In sales of real estate, on executions, orders, or other	725
judicial process, when the judgment debtor was in possession at	726
the time of the rendition of the judgment or decree, by virtue of	727
which the sale was made;	728

(4) In sales by executors, administrators, or guardians, and	729
on partition, when any of the parties to the complaint were in	730
possession at the commencement of the action, after the sales, so	731
made on execution or otherwise, have been examined by the proper	732
court and adjudged legal;	733

(5) When the defendant is an occupier of lands or tenements,	734
without color of title, and the complainant has the right of	735
possession to them;	736

(6) In any other case of the unlawful and forcible detention	737
of lands or tenements. For purposes of this division, in addition	738
to any other type of unlawful and forcible detention of lands or	739
tenements, such a detention may be determined to exist when both	740
of the following apply:	741

(a) A tenant fails to vacate residential premises within	742
three days after both of the following occur:	743

(i) The tenant's landlord has actual knowledge of or has	744
reasonable cause to believe that the tenant, any person in the	745
tenant's household, or any person on the premises with the consent	746
of the tenant previously has or presently is engaged in a	747
violation of Chapter 2925. or 3719. of the Revised Code, or of a	748
municipal ordinance that is substantially similar to any section	749
in either of those chapters, which involves a controlled substance	750
and which occurred in, is occurring in, or otherwise was or is	751
connected with the premises, whether or not the tenant or other	752
person has been charged with, has pleaded guilty to or been	753
convicted of, or has been determined to be a delinquent child for	754
an act that, if committed by an adult, would be a violation as	755
described in this division. For purposes of this division, a	756
landlord has "actual knowledge of or has reasonable cause to	757
believe" that a tenant, any person in the tenant's household, or	758
any person on the premises with the consent of the tenant	759
previously has or presently is engaged in a violation as described	760
in this division if a search warrant was issued pursuant to	761
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	762
affidavit presented to obtain the warrant named or described the	763
tenant or person as the individual to be searched and particularly	764
described the tenant's premises as the place to be searched, named	765
or described one or more controlled substances to be searched for	766
and seized, stated substantially the offense under Chapter 2925.	767
or 3719. of the Revised Code or the substantially similar	768
municipal ordinance that occurred in, is occurring in, or	769
otherwise was or is connected with the tenant's premises, and	770
states the factual basis for the affiant's belief that the	771
controlled substances are located on the tenant's premises; the	772
warrant was properly executed by a law enforcement officer and any	773
controlled substance described in the affidavit was found by that	774
officer during the search and seizure; and, subsequent to the	775
search and seizure, the landlord was informed by that or another	776
law enforcement officer of the fact that the tenant or person has	777
or presently is engaged in a violation as described in this	778
division and it occurred in, is occurring in, or otherwise was or	779
is connected with the tenant's premises.	780

(ii) The landlord gives the tenant the notice required by	781
division (C) of section 5321.17 of the Revised Code.	782

(b) The court determines, by a preponderance of the evidence,	783
that the tenant, any person in the tenant's household, or any	784
person on the premises with the consent of the tenant previously	785
has or presently is engaged in a violation as described in	786
division (A)(6)(a)(i) of this section.	787

(7) In cases arising out of Chapter 5313. of the Revised	788
Code. In those cases, the court has the authority to declare a	789
forfeiture of the vendee's rights under a land installment	790
contract and to grant any other claims arising out of the	791
contract.	792

(8) Against tenants who have breached an obligation that is	793
imposed by section 5321.05 of the Revised Code, other than the	794
obligation specified in division (A)(9) of that section, and that	795
materially affects health and safety. Prior to the commencement of	796
an action under this division, notice shall be given to the tenant	797
and compliance secured with section 5321.11 of the Revised Code.	798

(9) Against tenants who have breached an obligation imposed	799
upon them by a written rental agreement;	800

(10) Against manufactured home park residents who have	801
defaulted in the payment of rent or breached the terms of a rental	802
agreement with a manufactured home park operator. Nothing in this	803
division precludes the commencement of an action under division	804
(A)(12) of this section when the additional circumstances	805
described in that division apply.	806

(11) Against manufactured home park residents who have	807
committed two material violations of the rules of the manufactured	808
home park, of the public health council, or of applicable state	809
and local health and safety codes and who have been notified of	810
the violations in compliance with section 3733.13 of the Revised	811
Code;	812

(12) Against a manufactured home park resident, or the estate	813
of a manufactured home park resident, who has been absent from the	814
manufactured home park for a period of thirty consecutive days	815
prior to the commencement of an action under this division and	816
whose manufactured home or mobile home, or recreational vehicle	817
that is parked in the manufactured home park, has been left	818
unoccupied for that thirty-day period, without notice to the park	819
operator and without payment of rent due under the rental	820
agreement with the park operator;	821

(13) Against occupants of self-service storage facilities, as	822
defined in division (A) of section 5322.01 of the Revised Code,	823
who have breached the terms of a rental agreement or violated	824
section 5322.04 of the Revised Code;	825

(14) Against any resident or occupant who, pursuant to a	826
rental agreement, resides in or occupies residential premises	827
located within one thousand feet of any school premises and to	828
whom both of the following apply:	829

(a) The resident's or occupant's name appears on the state	830
registry of sex offenders and child-victim offenders maintained	831
under section 2950.13 of the Revised Code.	832

(b) The state registry of sex offenders and child-victim	833
offenders indicates that the resident or occupant was convicted of	834
or pleaded guilty to either a sexually oriented offense that is	835
not a registration-exempt sexually oriented offense or a	836
child-victim oriented offense in a criminal prosecution and was	837
not sentenced to a serious youthful offender dispositional	838
sentence for that offense.	839

(15) Against any tenant who permits any person to occupy	840
residential premises located within one thousand feet of any	841
school premises if both of the following apply to the person:	842

(a) The person's name appears on the state registry of sex	843
offenders and child-victim offenders maintained under section	844
2950.13 of the Revised Code.	845

(b) The state registry of sex offenders and child-victim	846
offenders indicates that the person was convicted of or pleaded	847
guilty to either a sexually oriented offense that is not a	848
registration-exempt sexually oriented offense or a child-victim	849
oriented offense in a criminal prosecution and was not sentenced	850
to a serious youthful offender dispositional sentence for that	851
offense.	852

(B) If a tenant or manufactured home park resident holding	853
under an oral tenancy is in default in the payment of rent, the	854
tenant or resident forfeits the right of occupancy, and the	855
landlord may, at the landlord's option, terminate the tenancy by	856
notifying the tenant or resident, as provided in section 1923.04	857
of the Revised Code, to leave the premises, for the restitution of	858
which an action may then be brought under this chapter.	859

(C)(1) If a tenant or any other person with the tenant's	860
permission resides in or occupies residential premises that are	861
located within one thousand feet of any school premises and is a	862
resident or occupant of the type described in division (A)(14) of	863
this section or a person of the type described in division (A)(15)	864
of this section, the landlord for those residential premises, upon	865
discovery that the tenant or other person is a resident, occupant,	866
or person of that nature, may terminate the rental agreement or	867
tenancy for those residential premises by notifying the tenant and	868
all other occupants, as provided in section 1923.04 of the Revised	869
Code, to leave the premises.	870

(2) If a landlord is authorized to terminate a rental	871
agreement or tenancy pursuant to division (C)(1) of this section	872
but does not so terminate the rental agreement or tenancy, the	873
landlord is not liable in a tort or other civil action in damages	874
for any injury, death, or loss to person or property that	875
allegedly result from that decision.	876

(D) This chapter does not apply to a student tenant as	877
defined by division (H) of section 5321.01 of the Revised Code	878
when the college or university proceeds to terminate a rental	879
agreement pursuant to section 5321.031 of the Revised Code.	880

Sec. 1923.051.  (A) Notwithstanding the time-for-service of a	881
summons provision of division (A) of section 1923.06 of the	882
Revised Code, if the complaint described in section 1923.05 of the	883
Revised Code that is filed by a landlord in an action under this	884
chapter states that the landlord seeks a judgment of restitution	885
based on the grounds specified in divisions (A)(6)(a) and (b) of	886
section 1923.02 of the Revised Code, then the clerk of the	887
municipal court, county court, or court of common pleas in which	888
the complaint is filed shall cause both of the following to occur:	889

(1) The service and return of the summons in the action in	890
accordance with the Rules of Civil Procedure, which service shall	891
be made, if possible, within three working days after the filing	892
of the complaint;	893

(2) The action to be set for trial onnot later than the	894
thirtieth workingcalendar day after the date that the tenant is	895
served with a copy of the summons in accordance with division	896
(A)(1) of this section.	897

(B) The tenant in an action under this chapter as described	898
in division (A) of this section is not required to file an answer	899
to the complaint of the landlord, and may present any defenses	900
that hethe tenant may possess at the trial of the action in	901
accordance with section 1923.061 of the Revised Code.	902

(C) No continuances of an action under this chapter as	903
described in division (A) of this section shall be permitted under	904
section 1923.08 of the Revised Code, and if the tenant in the	905
action does not appear at the trial and the summons in the action	906
was properly served in accordance with division (A)(1) of this	907
section, then the court shall try the action in accordance with	908
section 1923.07 of the Revised Code.	909

(D) All provisions of this chapter that are not inconsistent	910
with this section shall apply to an action under this chapter as	911
described in division (A) of this section.	912

Sec. 2152.02.  As used in this chapter:

913

(A) "Act charged" means the act that is identified in a	914
complaint, indictment, or information alleging that a child is a	915
delinquent child.	916

(B) "Admitted to a department of youth services facility"	917
includes admission to a facility operated, or contracted for, by	918
the department and admission to a comparable facility outside this	919
state by another state or the United States.	920

(C)(1) "Child" means a person who is under eighteen years of	921
age, except as otherwise provided in divisions (C)(2) to (6) of	922
this section.	923

(2) Subject to division (C)(3) of this section, any person	924
who violates a federal or state law or a municipal ordinance prior	925
to attaining eighteen years of age shall be deemed a "child"	926
irrespective of that person's age at the time the complaint with	927
respect to that violation is filed or the hearing on the complaint	928
is held.	929

(3) Any person who, while under eighteen years of age,	930
commits an act that would be a felony if committed by an adult and	931
who is not taken into custody or apprehended for that act until	932
after the person attains twenty-one years of age is not a child in	933
relation to that act.	934

(4) Any person whose case is transferred for criminal	935
prosecution pursuant to section 2152.12 of the Revised Code shall	936
be deemed after the transfer not to be a child in the transferred	937
case.	938

(5) Any person whose case is transferred for criminal	939
prosecution pursuant to section 2152.12 of the Revised Code and	940
who subsequently is convicted of or pleads guilty to a felony in	941
that case, and any person who is adjudicated a delinquent child	942
for the commission of an act, who has a serious youthful offender	943
dispositional sentence imposed for the act pursuant to section	944
2152.13 of the Revised Code, and whose adult portion of the	945
dispositional sentence is invoked pursuant to section 2152.14 of	946
the Revised Code, shall be deemed after the transfer or invocation	947
not to be a child in any case in which a complaint is filed	948
against the person.	949

(6) The juvenile court has jurisdiction over a person who is	950
adjudicated a delinquent child or juvenile traffic offender prior	951
to attaining eighteen years of age until the person attains	952
twenty-one years of age, and, for purposes of that jurisdiction	953
related to that adjudication, except as otherwise provided in this	954
division, a person who is so adjudicated a delinquent child or	955
juvenile traffic offender shall be deemed a "child" until the	956
person attains twenty-one years of age. If a person is so	957
adjudicated a delinquent child or juvenile traffic offender and	958
the court makes a disposition of the person under this chapter, at	959
any time after the person attains eighteen years of age, the	960
places at which the person may be held under that disposition are	961
not limited to places authorized under this chapter solely for	962
confinement of children, and the person may be confined under that	963
disposition, in accordance with division (F)(2) of section 2152.26	964
of the Revised Code, in places other than those authorized under	965
this chapter solely for confinement of children.	966

(D) "Chronic truant" means any child of compulsory school age	967
who is absent without legitimate excuse for absence from the	968
public school the child is supposed to attend for seven or more	969
consecutive school days, ten or more school days in one school	970
month, or fifteen or more school days in a school year.	971

(E) "Community corrections facility," "public safety beds,"	972
"release authority," and "supervised release" have the same	973
meanings as in section 5139.01 of the Revised Code.	974

(F) "Delinquent child" includes any of the following:

975

(1) Any child, except a juvenile traffic offender, who	976
violates any law of this state or the United States, or any	977
ordinance of a political subdivision of the state, that would be	978
an offense if committed by an adult;	979

(2) Any child who violates any lawful order of the court made	980
under this chapter or under Chapter 2151. of the Revised Code	981
other than an order issued under section 2151.87 of the Revised	982
Code;	983

(3) Any child who violates division (A) of section 2923.211	984
of the Revised Code;	985

(4) Any child who is a habitual truant and who previously has	986
been adjudicated an unruly child for being a habitual truant;	987

(5) Any child who is a chronic truant.

988

(G) "Discretionary serious youthful offender" means a person	989
who is eligible for a discretionary SYO and who is not transferred	990
to adult court under a mandatory or discretionary transfer.	991

(H) "Discretionary SYO" means a case in which the juvenile	992
court, in the juvenile court's discretion, may impose a serious	993
youthful offender disposition under section 2152.13 of the Revised	994
Code.	995

(I) "Discretionary transfer" means that the juvenile court	996
has discretion to transfer a case for criminal prosecution under	997
division (B) of section 2152.12 of the Revised Code.	998

(J) "Drug abuse offense," "felony drug abuse offense," and	999
"minor drug possession offense" have the same meanings as in	1000
section 2925.01 of the Revised Code.	1001

(K) "Electronic monitoring device," "certified electronic	1002
monitoring device," "electronically monitored house arrest,"	1003
"electronic monitoring system," and "certified electronic	1004
monitoring system" have the same meanings as in section 2929.23 of	1005
the Revised Code.	1006

(L) "Economic loss" means any economic detriment suffered by	1007
a victim of a delinquent act as a result of the delinquent act and	1008
includes any loss of income due to lost time at work because of	1009
any injury caused to the victim and any property loss, medical	1010
cost, or funeral expense incurred as a result of the delinquent	1011
act.	1012

(M) "Firearm" has the same meaning as in section 2923.11 of	1013
the Revised Code.	1014

(N) "Juvenile traffic offender" means any child who violates	1015
any traffic law, traffic ordinance, or traffic regulation of this	1016
state, the United States, or any political subdivision of this	1017
state, other than a resolution, ordinance, or regulation of a	1018
political subdivision of this state the violation of which is	1019
required to be handled by a parking violations bureau or a joint	1020
parking violations bureau pursuant to Chapter 4521. of the Revised	1021
Code.	1022

(O) A "legitimate excuse for absence from the public school	1023
the child is supposed to attend" has the same meaning as in	1024
section 2151.011 of the Revised Code.	1025

(P) "Mandatory serious youthful offender" means a person who	1026
is eligible for a mandatory SYO and who is not transferred to	1027
adult court under a mandatory or discretionary transfer.	1028

(Q) "Mandatory SYO" means a case in which the juvenile court	1029
is required to impose a mandatory serious youthful offender	1030
disposition under section 2152.13 of the Revised Code.	1031

(R) "Mandatory transfer" means that a case is required to be	1032
transferred for criminal prosecution under division (A) of section	1033
2152.12 of the Revised Code.	1034

(S) "Mental illness" has the same meaning as in section	1035
5122.01 of the Revised Code.	1036

(T) "Mentally retarded person" has the same meaning as in	1037
section 5123.01 of the Revised Code.	1038

(U) "Monitored time" and "repeat violent offender" have the	1039
same meanings as in section 2929.01 of the Revised Code.	1040

(V) "Of compulsory school age" has the same meaning as in	1041
section 3321.01 of the Revised Code.	1042

(W) "Public record" has the same meaning as in section 149.43	1043
of the Revised Code.	1044

(X) "Serious youthful offender" means a person who is	1045
eligible for a mandatory SYO or discretionary SYO but who is not	1046
transferred to adult court under a mandatory or discretionary	1047
transfer.	1048

(Y) "Sexually oriented offense," "habitual sex offender,"	1049
"juvenile sex offender registrant," and "sexual predator,"	1050
"presumptive registration-exempt sexually oriented offense,"	1051
"registration-exempt sexually oriented offense," "child-victim	1052
oriented offense," "habitual child-victim offender," and	1053
"child-victim predator" have the same meanings as in section	1054
2950.01 of the Revised Code.	1055

(Z) "Traditional juvenile" means a case that is not	1056
transferred to adult court under a mandatory or discretionary	1057
transfer, that is eligible for a disposition under sections	1058
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1059
that is not eligible for a disposition under section 2152.13 of	1060
the Revised Code.	1061

(AA) "Transfer" means the transfer for criminal prosecution	1062
of a case involving the alleged commission by a child of an act	1063
that would be an offense if committed by an adult from the	1064
juvenile court to the appropriate court that has jurisdiction of	1065
the offense.	1066

(BB) "Category one offense" means any of the following:

1067

(1) A violation of section 2903.01 or 2903.02 of the Revised	1068
Code;	1069

(2) A violation of section 2923.02 of the Revised Code	1070
involving an attempt to commit aggravated murder or murder.	1071

(CC) "Category two offense" means any of the following:

1072

(1) A violation of section 2903.03, 2905.01, 2907.02,	1073
2909.02, 2911.01, or 2911.11 of the Revised Code;	1074

(2) A violation of section 2903.04 of the Revised Code that	1075
is a felony of the first degree;	1076

(3) A violation of section 2907.12 of the Revised Code as it	1077
existed prior to September 3, 1996.	1078

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1079
child, the court may make any of the following orders of	1080
disposition, in addition to any other disposition authorized or	1081
required by this chapter:	1082

(1) Any order that is authorized by section 2151.353 of the	1083
Revised Code for the care and protection of an abused, neglected,	1084
or dependent child;	1085

(2) Commit the child to the temporary custody of any school,	1086
camp, institution, or other facility operated for the care of	1087
delinquent children by the county, by a district organized under	1088
section 2152.41 or 2151.65 of the Revised Code, or by a private	1089
agency or organization, within or without the state, that is	1090
authorized and qualified to provide the care, treatment, or	1091
placement required, including, but not limited to, a school, camp,	1092
or facility operated under section 2151.65 of the Revised Code;	1093

(3) Place the child in a detention facility or district	1094
detention facility operated under section 2152.41 of the Revised	1095
Code, for up to ninety days;	1096

(4) Place the child on community control under any sanctions,	1097
services, and conditions that the court prescribes. As a condition	1098
of community control in every case and in addition to any other	1099
condition that it imposes upon the child, the court shall require	1100
the child to abide by the law during the period of community	1101
control. As referred to in this division, community control	1102
includes, but is not limited to, the following sanctions and	1103
conditions:	1104

(a) A period of basic probation supervision in which the	1105
child is required to maintain contact with a person appointed to	1106
supervise the child in accordance with sanctions imposed by the	1107
court;	1108

(b) A period of intensive probation supervision in which the	1109
child is required to maintain frequent contact with a person	1110
appointed by the court to supervise the child while the child is	1111
seeking or maintaining employment and participating in training,	1112
education, and treatment programs as the order of disposition;	1113

(c) A period of day reporting in which the child is required	1114
each day to report to and leave a center or another approved	1115
reporting location at specified times in order to participate in	1116
work, education or training, treatment, and other approved	1117
programs at the center or outside the center;	1118

(d) A period of community service of up to five hundred hours	1119
for an act that would be a felony or a misdemeanor of the first	1120
degree if committed by an adult, up to two hundred hours for an	1121
act that would be a misdemeanor of the second, third, or fourth	1122
degree if committed by an adult, or up to thirty hours for an act	1123
that would be a minor misdemeanor if committed by an adult;	1124

(e) A requirement that the child obtain a high school	1125
diploma, a certificate of high school equivalence, vocational	1126
training, or employment;	1127

(f) A period of drug and alcohol use monitoring;

1128

(g) A requirement of alcohol or drug assessment or	1129
counseling, or a period in an alcohol or drug treatment program	1130
with a level of security for the child as determined necessary by	1131
the court;	1132

(h) A period in which the court orders the child to observe a	1133
curfew that may involve daytime or evening hours;	1134

(i) A requirement that the child serve monitored time;

1135

(j) A period of house arrest with or without electronic	1136
monitoring;	1137

(k) A period of electronic monitoring without house arrest or	1138
electronically monitored house arrest that does not exceed the	1139
maximum sentence of imprisonment that could be imposed upon an	1140
adult who commits the same act.	1141

A period of electronically monitored house arrest imposed	1142
under this division shall not extend beyond the child's	1143
twenty-first birthday. If a court imposes a period of	1144
electronically monitored house arrest upon a child under this	1145
division, it shall require the child: to wear, otherwise have	1146
attached to the child's person, or otherwise be subject to	1147
monitoring by a certified electronic monitoring device or to	1148
participate in the operation of and monitoring by a certified	1149
electronic monitoring system; to remain in the child's home or	1150
other specified premises for the entire period of electronically	1151
monitored house arrest except when the court permits the child to	1152
leave those premises to go to school or to other specified	1153
premises; to be monitored by a central system that can determine	1154
the child's location at designated times; to report periodically	1155
to a person designated by the court; and to enter into a written	1156
contract with the court agreeing to comply with all requirements	1157
imposed by the court, agreeing to pay any fee imposed by the court	1158
for the costs of the electronically monitored house arrest, and	1159
agreeing to waive the right to receive credit for any time served	1160
on electronically monitored house arrest toward the period of any	1161
other dispositional order imposed upon the child if the child	1162
violates any of the requirements of the dispositional order of	1163
electronically monitored house arrest. The court also may impose	1164
other reasonable requirements upon the child.	1165

Unless ordered by the court, a child shall not receive credit	1166
for any time served on electronically monitored house arrest	1167
toward any other dispositional order imposed upon the child for	1168
the act for which was imposed the dispositional order of	1169
electronically monitored house arrest.	1170

(l) A suspension of the driver's license, probationary	1171
driver's license, or temporary instruction permit issued to the	1172
child or a suspension of the registration of all motor vehicles	1173
registered in the name of the child. A child whose license or	1174
permit is so suspended is ineligible for issuance of a license or	1175
permit during the period of suspension. At the end of the period	1176
of suspension, the child shall not be reissued a license or permit	1177
until the child has paid any applicable reinstatement fee and	1178
complied with all requirements governing license reinstatement.	1179

(5) Commit the child to the custody of the court;

1180

(6) Require the child to not be absent without legitimate	1181
excuse from the public school the child is supposed to attend for	1182
five or more consecutive days, seven or more school days in one	1183
school month, or twelve or more school days in a school year;	1184

(7)(a) If a child is adjudicated a delinquent child for being	1185
a chronic truant or an habitual truant who previously has been	1186
adjudicated an unruly child for being a habitual truant, do either	1187
or both of the following:	1188

(i) Require the child to participate in a truancy prevention	1189
mediation program;	1190

(ii) Make any order of disposition as authorized by this	1191
section, except that the court shall not commit the child to a	1192
facility described in division (A)(2) or (3) of this section	1193
unless the court determines that the child violated a lawful court	1194
order made pursuant to division (C)(1)(e) of section 2151.354 of	1195
the Revised Code or division (A)(6) of this section.	1196

(b) If a child is adjudicated a delinquent child for being a	1197
chronic truant or a habitual truant who previously has been	1198
adjudicated an unruly child for being a habitual truant and the	1199
court determines that the parent, guardian, or other person having	1200
care of the child has failed to cause the child's attendance at	1201
school in violation of section 3321.38 of the Revised Code, do	1202
either or both of the following:	1203

(i) Require the parent, guardian, or other person having care	1204
of the child to participate in a truancy prevention mediation	1205
program;	1206

(ii) Require the parent, guardian, or other person having	1207
care of the child to participate in any community service program,	1208
preferably a community service program that requires the	1209
involvement of the parent, guardian, or other person having care	1210
of the child in the school attended by the child.	1211

(8) Make any further disposition that the court finds proper,	1212
except that the child shall not be placed in any of the following:	1213

(a) A state correctional institution, a county, multicounty,	1214
or municipal jail or workhouse, or another place in which an adult	1215
convicted of a crime, under arrest, or charged with a crime is	1216
held;	1217

(b) A community corrections facility, if the child would be	1218
covered by the definition of public safety beds for purposes of	1219
sections 5139.41 to 5139.45 of the Revised Code if the court	1220
exercised its authority to commit the child to the legal custody	1221
of the department of youth services for institutionalization or	1222
institutionalization in a secure facility pursuant to this	1223
chapter.	1224

(B) If a child is adjudicated a delinquent child, in addition	1225
to any order of disposition made under division (A) of this	1226
section, the court, in the following situations, shall suspend the	1227
child's temporary instruction permit, restricted license,	1228
probationary driver's license, or nonresident operating privilege,	1229
or suspend the child's ability to obtain such a permit:	1230

(1) The child is adjudicated a delinquent child for violating	1231
section 2923.122 of the Revised Code, with the suspension and	1232
denial being in accordance with division (E)(1)(a), (c), (d), or	1233
(e) of section 2923.122 of the Revised Code.	1234

(2) The child is adjudicated a delinquent child for	1235
committing an act that if committed by an adult would be a drug	1236
abuse offense or for violating division (B) of section 2917.11 of	1237
the Revised Code, with the suspension continuing until the child	1238
attends and satisfactorily completes a drug abuse or alcohol abuse	1239
education, intervention, or treatment program specified by the	1240
court. During the time the child is attending the program, the	1241
court shall retain any temporary instruction permit, probationary	1242
driver's license, or driver's license issued to the child, and the	1243
court shall return the permit or license when the child	1244
satisfactorily completes the program.	1245

(C) The court may establish a victim-offender mediation	1246
program in which victims and their offenders meet to discuss the	1247
offense and suggest possible restitution. If the court obtains the	1248
assent of the victim of the delinquent act committed by the child,	1249
the court may require the child to participate in the program.	1250

(D)(1) If a child is adjudicated a delinquent child for	1251
committing an act that would be a felony if committed by an adult	1252
and if the child caused, attempted to cause, threatened to cause,	1253
or created a risk of physical harm to the victim of the act, the	1254
court, prior to issuing an order of disposition under this	1255
section, shall order the preparation of a victim impact statement	1256
by the probation department of the county in which the victim of	1257
the act resides, by the court's own probation department, or by a	1258
victim assistance program that is operated by the state, a county,	1259
a municipal corporation, or another governmental entity. The court	1260
shall consider the victim impact statement in determining the	1261
order of disposition to issue for the child.	1262

(2) Each victim impact statement shall identify the victim of	1263
the act for which the child was adjudicated a delinquent child,	1264
itemize any economic loss suffered by the victim as a result of	1265
the act, identify any physical injury suffered by the victim as a	1266
result of the act and the seriousness and permanence of the	1267
injury, identify any change in the victim's personal welfare or	1268
familial relationships as a result of the act and any	1269
psychological impact experienced by the victim or the victim's	1270
family as a result of the act, and contain any other information	1271
related to the impact of the act upon the victim that the court	1272
requires.	1273

(3) A victim impact statement shall be kept confidential and	1274
is not a public record. However, the court may furnish copies of	1275
the statement to the department of youth services if the	1276
delinquent child is committed to the department or to both the	1277
adjudicated delinquent child or the adjudicated delinquent child's	1278
counsel and the prosecuting attorney. The copy of a victim impact	1279
statement furnished by the court to the department pursuant to	1280
this section shall be kept confidential and is not a public	1281
record. If an officer is preparing pursuant to section 2947.06 or	1282
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1283
investigation report pertaining to a person, the court shall make	1284
available to the officer, for use in preparing the report, a copy	1285
of any victim impact statement regarding that person. The copies	1286
of a victim impact statement that are made available to the	1287
adjudicated delinquent child or the adjudicated delinquent child's	1288
counsel and the prosecuting attorney pursuant to this division	1289
shall be returned to the court by the person to whom they were	1290
made available immediately following the imposition of an order of	1291
disposition for the child under this chapter.	1292

The copy of a victim impact statement that is made available	1293
pursuant to this division to an officer preparing a criminal	1294
presentence investigation report shall be returned to the court by	1295
the officer immediately following its use in preparing the report.	1296

(4) The department of youth services shall work with local	1297
probation departments and victim assistance programs to develop a	1298
standard victim impact statement.	1299

(E) If a child is adjudicated a delinquent child for being a	1300
chronic truant or an habitual truant who previously has been	1301
adjudicated an unruly child for being an habitual truant and the	1302
court determines that the parent, guardian, or other person having	1303
care of the child has failed to cause the child's attendance at	1304
school in violation of section 3321.38 of the Revised Code, in	1305
addition to any order of disposition it makes under this section,	1306
the court shall warn the parent, guardian, or other person having	1307
care of the child that any subsequent adjudication of the child as	1308
an unruly or delinquent child for being an habitual or chronic	1309
truant may result in a criminal charge against the parent,	1310
guardian, or other person having care of the child for a violation	1311
of division (C) of section 2919.21 or section 2919.24 of the	1312
Revised Code.	1313

(F)(1) During the period of a delinquent child's community	1314
control granted under this section, authorized probation officers	1315
who are engaged within the scope of their supervisory duties or	1316
responsibilities may search, with or without a warrant, the person	1317
of the delinquent child, the place of residence of the delinquent	1318
child, and a motor vehicle, another item of tangible or intangible	1319
personal property, or other real property in which the delinquent	1320
child has a right, title, or interest or for which the delinquent	1321
child has the express or implied permission of a person with a	1322
right, title, or interest to use, occupy, or possess if the	1323
probation officers have reasonable grounds to believe that the	1324
delinquent child is not abiding by the law or otherwise is not	1325
complying with the conditions of the delinquent child's community	1326
control. The court that places a delinquent child on community	1327
control under this section shall provide the delinquent child with	1328
a written notice that informs the delinquent child that authorized	1329
probation officers who are engaged within the scope of their	1330
supervisory duties or responsibilities may conduct those types of	1331
searches during the period of community control if they have	1332
reasonable grounds to believe that the delinquent child is not	1333
abiding by the law or otherwise is not complying with the	1334
conditions of the delinquent child's community control. The court	1335
also shall provide the written notice described in division (E)(2)	1336
of this section to each parent, guardian, or custodian of the	1337
delinquent child who is described in that division.	1338

(2) The court that places a child on community control under	1339
this section shall provide the child's parent, guardian, or other	1340
custodian with a written notice that informs them that authorized	1341
probation officers may conduct searches pursuant to division	1342
(E)(1) of this section. The notice shall specifically state that a	1343
permissible search might extend to a motor vehicle, another item	1344
of tangible or intangible personal property, or a place of	1345
residence or other real property in which a notified parent,	1346
guardian, or custodian has a right, title, or interest and that	1347
the parent, guardian, or custodian expressly or impliedly permits	1348
the child to use, occupy, or possess.	1349

(G) If a juvenile court commits a delinquent child to the	1350
custody of any person, organization, or entity pursuant to this	1351
section and if the delinquent act for which the child is so	1352
committed is a sexually oriented offense that is not a	1353
registration-exempt sexually oriented offense or is a child-victim	1354
oriented offense, the court in the order of disposition shall do	1355
one of the following:	1356

(1) Require that the child be provided treatment as described	1357
in division (A)(2) of section 5139.13 of the Revised Code;	1358

(2) Inform the person, organization, or entity that it is the	1359
preferred course of action in this state that the child be	1360
provided treatment as described in division (A)(2) of section	1361
5139.13 of the Revised Code and encourage the person,	1362
organization, or entity to provide that treatment.	1363

Sec. 2152.191.  If a child is adjudicated a delinquent child	1364
for committing a sexually oriented offense that is not a	1365
registration-exempt sexually oriented offense or for committing a	1366
child-victim oriented offense, if the child is fourteen years of	1367
age or older at the time of committing the offense, and if the	1368
child committed the offense on or after the effective date of this	1369
section, allJanuary 1, 2002, both of the following apply:	1370

(A) Sections 2152.82 to 2152.85 and Chapter 2950. of the	1371
Revised Code apply to the child and the adjudication.	1372

(B) In addition to any order of disposition it makes of the	1373
child under this chapter, the court may make any determination,	1374
adjudication, or order authorized under sections 2152.82 to	1375
2152.85 and Chapter 2950. of the Revised Code and shall make any	1376
determination, adjudication, or order required under those	1377
sections and that chapter.	1378

Sec. 2152.811. If a court adjudicates a child a delinquent	1379
child for committing a presumptive registration-exempt sexually	1380
oriented offense, the court may determine pursuant to section	1381
2950.021 of the Revised Code, prior to making an order of	1382
disposition for the child, that the child potentially should be	1383
subjected to classification as a juvenile offender registrant	1384
under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the	1385
Revised Code and to registration under section 2950.04 of the	1386
Revised Code and all other duties and responsibilities generally	1387
imposed under Chapter 2950. of the Revised Code upon persons who	1388
are adjudicated delinquent children for committing a sexually	1389
oriented offense other than a presumptive registration-exempt	1390
sexually oriented offense. If the court so determines, divisions	1391
(B)(1) and (3) of section 2950.021 of the Revised Code apply, and	1392
the court shall proceed as described in those divisions.	1393

Sec. 2152.82. (A) The court that adjudicates a child a	1394
delinquent child shall issue as part of the dispositional order an	1395
order that classifies the child a juvenile sex offender registrant	1396
and specifies that the child has a duty to register under section	1397
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1398
the Revised Code if all of the following apply:	1399

(1) The act for which the child is adjudicated a delinquent	1400
child is a sexually oriented offense that is not a	1401
registration-exempt sexually oriented offense or is a child-victim	1402
oriented offense that the child committed on or after January 1,	1403
2002.	1404

(2) The child was fourteen, fifteen, sixteen, or seventeen	1405
years of age at the time of committing the offense.	1406

(3) The court has determined that the child previously was	1407
convicted of, pleaded guilty to, or was adjudicated a delinquent	1408
child for committing any sexually oriented offense or child-victim	1409
oriented offense, regardless of when the prior offense was	1410
committed and regardless of the child's age at the time of	1411
committing the offense.	1412

(B) An order required under division (A) of this section	1413
shall be issued at the time the judge makes the orders of	1414
disposition for the delinquent child. Prior to issuing the order	1415
required by division (A) of this section, the judge shall conduct	1416
the hearing and make the determinations required by division (B)	1417
of section 2950.09 of the Revised Code regarding a sexually	1418
oriented offense that is not a registration-exempt sexually	1419
oriented offense or division (B) of section 2950.091 of the	1420
Revised Code regarding a child-victim oriented offense to	1421
determine if the child is to be classified a sexual predator or a	1422
child-victim predator, shall make the determinations required by	1423
division (E) of that section 2950.09 of the Revised Code regarding	1424
a sexually oriented offense that is not a registration-exempt	1425
sexually oriented offense or division (E) of section 2950.091 of	1426
the Revised Code regarding a child-victim oriented offense to	1427
determine if the child is to be classified a habitual sex offender	1428
or a habitual child-victim offender, and shall otherwise comply	1429
with those divisions. When a judge issues an order under division	1430
(A) of this section, all of the following apply:	1431

(1) The judge shall include in the order any determination	1432
that the delinquent child is, or is not, a sexual predator or	1433
child-victim predator or is, or is not, a habitual sex offender or	1434
habitual child-victim offender that the judge makes pursuant to	1435
division (B) or (E) of section 2950.09 or 2950.091 of the Revised	1436
Code and any related information required or authorized under the	1437
division under which the determination is made, including, but not	1438
limited to, any requirement imposed by the court subjecting a	1439
child who is a habitual sex offender or habitual child-victim	1440
offender to community notification provisions as described in	1441
division (E) of that section 2950.09 or 2950.091 of the Revised	1442
Code.	1443

(2) The judge shall include in the order a statement that,	1444
upon completion of the disposition of the delinquent child that	1445
was made for the sexually oriented offense or child-victim	1446
oriented offense upon which the order is based, a hearing will be	1447
conducted, and the order and any determinations included in the	1448
order are subject to modification or termination pursuant to	1449
sections 2152.84 and 2152.85 of the Revised Code.	1450

(3) The judge shall provide a copy of the order to the	1451
delinquent child and to the delinquent child's parent, guardian,	1452
or custodian, as part of the notice providedrequired under	1453
divisions (A) and (B) of section 2950.03 of the Revised Code and	1454
shall provide as part of that notice a copy of the order.	1455

(4) The judge shall include the order in the delinquent	1456
child's dispositional order and shall specify in the dispositional	1457
order that the order issued under division (A) of this section was	1458
made pursuant to this section.	1459

(C) An order issued under division (A) of this section and	1460
any determinations included in the order shall remain in effect	1461
for the period of time specified in section 2950.07 of the Revised	1462
Code, subject to a modification or termination of the order under	1463
section 2152.84 or 2152.85 of the Revised Code, and section	1464
2152.851 of the Revised Code applies regarding the order and the	1465
determinations. If an order is issued under division (A) of this	1466
section, the child's attainment of eighteen or twenty-one years of	1467
age does not affect or terminate the order, and the order remains	1468
in effect for the period of time described in this division.	1469

(D) A court that adjudicates a child a delinquent child for a	1470
sexually oriented offense that is a registration-exempt sexually	1471
oriented offense shall not issue based on that adjudication an	1472
order under this section that classifies the child a juvenile	1473
offender registrant and specifies that the child has a duty to	1474
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1475
the Revised Code.	1476

Sec. 2152.83. (A)(1) The court that adjudicates a child a	1477
delinquent child shall issue as part of the dispositional order	1478
or, if the court commits the child for the delinquent act to the	1479
custody of a secure facility, shall issue at the time of the	1480
child's release from the secure facility, an order that classifies	1481
the child a juvenile sex offender registrant and specifies that	1482
the child has a duty to register under sectioncomply with	1483
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1484
Code if all of the following apply:	1485

(a) The act for which the child is or was adjudicated a	1486
delinquent child is a sexually oriented offense that is not a	1487
registration-exempt sexually oriented offense or is a child-victim	1488
oriented offense that the child committed on or after January 1,	1489
2002.	1490

(b) The child was sixteen or seventeen years of age at the	1491
time of committing the offense.	1492

(c) The court was not required to classify the child a	1493
juvenile sex offender registrant under section 2152.82 of the	1494
Revised Code.	1495

(2) Prior to issuing the order required by division (A)(2) of	1496
this section, the judge shall conduct the hearing and make the	1497
determinations required by division (B) of section 2950.09 of the	1498
Revised Code regarding a sexually oriented offense that is not a	1499
registration-exempt sexually oriented offense or division (B) of	1500
section 2950.091 of the Revised Code regarding a child-victim	1501
oriented offense to determine if the child is to be classified as	1502
a sexual predator or a child-victim predator, shall make the	1503
determinations required by division (E) of that section 2950.09 of	1504
the Revised Code regarding a sexually oriented offense that is not	1505
a registration-exempt sexually oriented offense or division (E) of	1506
section 2950.091 of the Revised Code regarding a child-victim	1507
oriented offense to determine if the child is to be classified as	1508
a habitual sex offender or a habitual child-victim offender, and	1509
shall otherwise comply with those divisions. When a judge issues	1510
an order under division (A)(1) of this section, the judge shall	1511
include in the order all of the determinations and information	1512
identified in division (B)(1) of section 2152.82 of the Revised	1513
Code that are relevant.	1514

(B)(1) The court that adjudicates a child a delinquent child,	1515
on the judge's own motion, may conduct at the time of disposition	1516
of the child or, if the court commits the child for the delinquent	1517
act to the custody of a secure facility, may conduct at the time	1518
of the child's release from the secure facility, a hearing for the	1519
purposes described in division (B)(2) of this section if all of	1520
the following apply:	1521

(a) The act for which the child is adjudicated a delinquent	1522
child is a sexually oriented offense that is not a	1523
registration-exempt sexually oriented offense or is a child-victim	1524
oriented offense that the child committed on or after January 1,	1525
2002.	1526

(b) The child was fourteen or fifteen years of age at the	1527
time of committing the offense.	1528

(c) The court was not required to classify the child a	1529
juvenile sex offender registrant under section 2152.82 of the	1530
Revised Code.	1531

(2) A judge shall conduct a hearing under division (B)(1) of	1532
this section to review the effectiveness of the disposition made	1533
of the child and of any treatment provided for the child placed in	1534
a secure setting and to determine whether the child should be	1535
classified a juvenile sex offender registrant. The judge may	1536
conduct the hearing on the judge's own initiative or based upon a	1537
recommendation of an officer or employee of the department of	1538
youth services, a probation officer, an employee of the court, or	1539
a prosecutor or law enforcement officer. If the judge conducts the	1540
hearing, upon completion of the hearing, the judge, in the judge's	1541
discretion and after consideration of the factors listed in	1542
division (E) of this section, shall do either of the following:	1543

(a) Decline to issue an order that classifies the child a	1544
juvenile sex offender registrant and specifies that the child has	1545
a duty to register under sectioncomply with sections 2950.04,	1546
2950.041, 2950.05, and 2950.06 of the Revised Code;	1547

(b) Issue an order that classifies the child a juvenile sex	1548
offender registrant and specifies that the child has a duty to	1549
register under sectioncomply with sections 2950.04, 2950.041,	1550
2950.05, and 2950.06 of the Revised Code and, if the judge	1551
determinesconducts a hearing as described in division (C) of this	1552
section thatto determine whether the child is a sexual predator	1553
or child-victim predator or a habitual sex offender or habitual	1554
child-victim offender, include in the order a statement that the	1555
judge has determined that the child is, or is not, a sexual	1556
predator or a, child-victim predator, habitual sex offender, or	1557
habitual child-victim offender, whichever is applicable.	1558

(C) A judge may issue an order under division (B) of this	1559
section that contains a determination that a delinquent child is a	1560
sexual predator or child-victim predator only if the judge, in	1561
accordance with the procedures specified in division (B) of	1562
section 2950.09 of the Revised Code regarding sexual predators or	1563
division (B) of section 2950.091 of the Revised Code regarding	1564
child-victim predators, determines at the hearing by clear and	1565
convincing evidence that the child is a sexual predator or a	1566
child-victim predator. A judge may issue an order under division	1567
(B) of this section that contains a determination that a	1568
delinquent child is a habitual sex offender or a habitual	1569
child-victim offender only if the judge at the hearing determines	1570
as described in division (E) of section 2950.09 of the Revised	1571
Code regarding habitual sex offenders or division (E) of section	1572
2950.091 of the Revised Code regarding habitual child-victim	1573
offenders that the child is a habitual sex offender or a habitual	1574
child-victim offender. If the judge issues an order under division	1575
(B) of this section that contains a determination that a	1576
delinquent child is a habitual sex offender or a habitual	1577
child-victim offender, the judge may impose a requirement	1578
subjecting the child to community notification provisions as	1579
described in division (E) of section 2950.09 or 2950.091 of the	1580
Revised Code, whichever is applicable. If the court conducts a	1581
hearing as described in this division to determine whether the	1582
child is a sexual predator or child-victim predator or a habitual	1583
sex offender or habitual child-victim offender, the judge shall	1584
comply with division (B) or (E) of section 2950.09 or 2950.091 of	1585
the Revised Code, whichever is applicable, in all regards.	1586

(D) If a judge issues an order under division (A) or (B) of	1587
this section, the judge shall provide to the delinquent child and	1588
to the delinquent child's parent, guardian, or custodian a copy of	1589
the order and a notice containing the information described in	1590
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1591
judge shall provide the notice at the time of the issuance of the	1592
order, shall provide the notice as described in division (B)(1)(c)	1593
of that section, and shall comply with divisions (B)(1), (B)(2),	1594
and (C) of that section regarding that notice and the provision of	1595
it.	1596

The judge also shall include in the order a statement that,	1597
upon completion of the disposition of the delinquent child that	1598
was made for the sexually oriented offense or child-victim	1599
oriented offense upon which the order is based, a hearing will be	1600
conducted and the order is subject to modification or termination	1601
pursuant to section 2152.84 of the Revised Code.	1602

(E) In making a decision under division (B) of this section	1603
as to whether a delinquent child should be classified a juvenile	1604
sex offender registrant and, if so, whether the child also is a	1605
sexual predator or child-victim predator or a habitual sex	1606
offender or habitual child-victim offender, a judge shall consider	1607
all relevant factors, including, but not limited to, all of the	1608
following:	1609

(1) The nature of the sexually oriented offense that is not a	1610
registration-exempt sexually oriented offense or the child-victim	1611
oriented offense committed by the child;	1612

(2) Whether the child has shown any genuine remorse or	1613
compunction for the offense;	1614

(3) The public interest and safety;

1615

(4) The factors set forth in division (B)(3) of section	1616
2950.09 or 2950.091 of the Revised Code, whichever is applicable;	1617

(5) The factors set forth in divisions (B) and (C) of section	1618
2929.12 of the Revised Code as those factors apply regarding the	1619
delinquent child, the offense, and the victim;	1620

(6) The results of any treatment provided to the child and of	1621
any follow-up professional assessment of the child.	1622

(F) An order issued under division (A) or (B) of this section	1623
and any determinations included in the order shall remain in	1624
effect for the period of time specified in section 2950.07 of the	1625
Revised Code, subject to a modification or termination of the	1626
order under section 2152.84 of the Revised Code, and section	1627
2152.851 of the Revised Code applies regarding the order and the	1628
determinations. The child's attainment of eighteen or twenty-one	1629
years of age does not affect or terminate the order, and the order	1630
remains in effect for the period of time described in this	1631
division.	1632

(G) A court that adjudicates a child a delinquent child for a	1633
sexually oriented offense that is a registration-exempt sexually	1634
oriented offense shall not issue based on that adjudication an	1635
order under this section that classifies the child a juvenile	1636
offender registrant and specifies that the child has a duty to	1637
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1638
the Revised Code.	1639

(H) As used in the section, "secure facility" has the same	1640
meaning as in section 2950.01 of the Revised Code.	1641

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	1642
order under section 2152.82 or division (A) or (B) of section	1643
2152.83 of the Revised Code that classifies a delinquent child a	1644
juvenile sex offender registrant and specifies that the child has	1645
a duty to register under sectioncomply with sections 2950.04,	1646
2950.041, 2950.05, and 2950.06 of the Revised Code, upon	1647
completion of the disposition of that child made for the sexually	1648
oriented offense that is not a registration-exempt sexually	1649
oriented offense or the child-victim oriented offense on which the	1650
juvenile sex offender registrant order was based, the judge or the	1651
judge's successor in office shall conduct a hearing to review the	1652
effectiveness of the disposition and of any treatment provided for	1653
the child, to determine the risks that the child might re-offend,	1654
and to determine whether the prior classification of the child as	1655
a juvenile sex offender registrant and, if applicable, as a sexual	1656
predator or child-victim predator or as a habitual sex offender or	1657
habitual child-victim offender should be continued, modified, or	1658
terminated as provided under division (A)(2) of this section.	1659

(2) Upon completion of a hearing under division (A)(1) of	1660
this section, the judge, in the judge's discretion and after	1661
consideration of the factors listed in division (E) of section	1662
2152.83 of the Revised Code, shall do one of the following, as	1663
applicable:	1664

(a) Enter an order that continues the classification of the	1665
delinquent child made in the prior order issued under section	1666
2152.82 or division (A) or (B) of section 2152.83 of the Revised	1667
Code, and any sexual predator or, child-victim predator, habitual	1668
sex offender, or habitual child-victim offender determination	1669
included in the order;	1670

(b) If the prior order was issued under section 2152.82 or	1671
division (A) of section 2152.83 of the Revised Code and includes a	1672
determination by the judge that the delinquent child is a sexual	1673
predator or child-victim predator, enter, as applicable, an order	1674
that contains a determination that the delinquent child no longer	1675
is a sexual predator, the reason or reasons for that	1676
determination, and that also contains either a determination that	1677
the delinquent child is a habitual sex offender or a determination	1678
that the delinquent child remains a juvenile sex offender	1679
registrant but is not a sexual predator or habitual sex offender,	1680
or an order that contains a determination that the child no longer	1681
is a child-victim predator, the reason or reasons for that	1682
determination, and either a determination that the child is a	1683
habitual child-victim offender or a determination that the child	1684
remains a juvenile offender registrant but is not a child-victim	1685
predator or habitual child-victim offender;	1686

(c) If the prior order was issued under section 2152.82 or	1687
division (A) of section 2152.83 of the Revised Code and does not	1688
include a sexual predator or child-victim predator determination	1689
as described in division (A)(2)(b) of this section but includes a	1690
determination by the judge that the delinquent child is a habitual	1691
sex offender or a habitual child-victim offender, enter, as	1692
applicable, an order that contains a determination that the	1693
delinquent child no longer is a habitual sex offender and that	1694
also contains a determination that the delinquent child remains a	1695
juvenile sex offender registrant but is not a habitual sex	1696
offender, or an order that contains a determination that the child	1697
no longer is a habitual child-victim offender and a determination	1698
that the child remains a juvenile offender registrant but is not a	1699
habitual child-victim offender;	1700

(d) If the prior order was issued under division (B) of	1701
section 2152.83 of the Revised Code and includes a determination	1702
by the judge that the delinquent child is a sexual predator or	1703
child-victim predator, enter, as applicable, an order that	1704
contains a determination that the delinquent child no longer is a	1705
sexual predator, the reason or reasons for that determination, and	1706
that also containseither a determination that the delinquent	1707
child is a habitual sex offender, a determination that the	1708
delinquent child remains a juvenile sex offender registrant but is	1709
not a sexual predator or habitual sex offender, or a determination	1710
that specifies that the delinquent child no longer is a juvenile	1711
sex offender registrant and no longer has a duty to register under	1712
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	1713
Revised Code, or an order that contains a determination that the	1714
child no longer is a child-victim predator, the reason or reasons	1715
for that determination, and either a determination that the child	1716
is a habitual child-victim offender, a determination that the	1717
child remains a juvenile offender registrant but is not a	1718
child-victim predator or habitual child-victim offender, or a	1719
determination that the child no longer is a juvenile offender	1720
registrant and no longer has a duty to comply with sections	1721
2950.041, 2950.05, and 2950.06 of the Revised Code;	1722

(e) If the prior order was issued under division (B) of	1723
section 2152.83 of the Revised Code and does not include a sexual	1724
predator or child-victim predator determination as described in	1725
division (A)(2)(d) of this section but includes a determination by	1726
the judge that the delinquent child is a habitual sex offender or	1727
habitual child-victim offender, enter, as applicable, an order	1728
that contains a determination that the child no longer is a	1729
habitual sex offender and that also contains either a	1730
determination that the child remains a juvenile sex offender	1731
registrant but is not a sexual predator or habitual sex offender	1732
or a determination that specifies that the child no longer is a	1733
juvenile sex offender registrant and no longer has a duty to	1734
register under sectioncomply with sections 2950.04, 2950.05, and	1735
2950.06 of the Revised Code, or an order that contains a	1736
determination that the child no longer is a habitual child-victim	1737
offender and either a determination that the child remains a	1738
juvenile offender registrant but is not a child-victim predator or	1739
habitual child-victim offender or a determination that the child	1740
no longer is a juvenile offender registrant and no longer has a	1741
duty to comply with sections 2950.041, 2950.05, and 2950.06 of the	1742
Revised Code;	1743

(f) If the prior order was issued under division (B) of	1744
section 2152.83 of the Revised Code and does not include a sexual	1745
predator or child-victim predator determination or a habitual sex	1746
offender or habitual child-victim offender determination as	1747
described in divisions (A)(2)(d) and (e) of this section, enter,	1748
as applicable, an order that contains a determination that the	1749
delinquent child no longer is a juvenile sex offender registrant	1750
and no longer has a duty to register under sectioncomply with	1751
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an	1752
order that contains a determination that the delinquent child no	1753
longer is a juvenile offender registrant and no longer has a duty	1754
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1755
Revised Code.	1756

(B) If a judge issues an order under division (A)(2)(a) of	1757
this section that continues the prior classification of the	1758
delinquent child as a juvenile sex offender registrant and any	1759
sexual predator or habitual sex offender determination included in	1760
the order, or that continues the prior classification of the	1761
delinquent child as a juvenile offender registrant and any	1762
child-victim predator or habitual child-victim offender	1763
determination included in the order, the prior classification and	1764
the prior determination, if applicable, shall remain in effect.	1765

A judge may issue an order under division (A)(2) of this	1766
section that contains a determination that a child no longer is a	1767
sexual predator or no longer is a child-victim predator only if	1768
the judge, in accordance with the procedures specified in division	1769
(D)(1) of section 2950.09 of the Revised Code regarding a sexual	1770
predator, determines at the hearing by clear and convincing	1771
evidence that the delinquent child is unlikely to commit a	1772
sexually oriented offense in the future, or the judge, in	1773
accordance with the procedures specified in division (D)(1) of	1774
section 2950.091 of the Revised Code regarding a child-victim	1775
predator, determines at the hearing by clear and convincing	1776
evidence that the delinquent child is unlikely to commit a	1777
child-victim oriented offense in the future. If the judge issues	1778
an order of that type, the judge shall provide the notifications	1779
described in division (D)(1) of section 2950.09 or 2950.091 of the	1780
Revised Code, whichever is applicable, and the recipient of the	1781
notification shall comply with the provisions of that division.	1782

If a judge issues an order under division (A)(2) of this	1783
section that otherwise reclassifies the delinquent child, the	1784
judge shall provide a copy of the order to the bureau of criminal	1785
identification and investigation, and the bureau, upon receipt of	1786
the copy of the order, promptly shall notify the sheriff with whom	1787
the child most recently registered under section 2950.04 or	1788
2950.041 of the Revised Code of the reclassification.	1789

(C) If a judge issues an order under any provision of	1790
division (A)(2) of this section, the judge shall provide to the	1791
delinquent child and to the delinquent child's parent, guardian,	1792
or custodian a copy of the order and a notice containing the	1793
information described in divisions (A) and (B) of section 2950.03	1794
of the Revised Code. The judge shall provide the notice at the	1795
time of the issuance of the order, shall provide the notice as	1796
described in division (B)(1)(c) of that section, and shall comply	1797
with divisions (B)(1), (B)(2), and (C) of that section regarding	1798
that notice and the provision of it.	1799

(D) In making a decision under division (A) of this section,	1800
a judge shall consider all relevant factors, including, but not	1801
limited to, the factors listed in division (E) of section 2152.83	1802
of the Revised Code.	1803

(E) An order issued under division (A)(2) of this section and	1804
any determinations included in the order shall remain in effect	1805
for the period of time specified in section 2950.07 of the Revised	1806
Code, subject to a modification or termination of the order under	1807
section 2152.85 of the Revised Code, and section 2152.851 of the	1808
Revised Code applies regarding the order and the determinations.	1809
If an order is issued under division (A)(2) of this section, the	1810
child's attainment of eighteen or twenty-one years of age does not	1811
affect or terminate the order, and the order remains in effect for	1812
the period of time described in this division.	1813

Sec. 2152.85. (A) Upon the expiration of the applicable	1814
period of time specified in division (B)(1) or (2) of this	1815
section, a delinquent child who has been classified pursuant to	1816
this section or section 2152.82 or 2152.83 of the Revised Code a	1817
juvenile sex offender registrant may petition the judge who made	1818
the classification, or that judge's successor in office, to do one	1819
of the following:	1820

(1) If the order containing the juvenile sex offender	1821
registrant classification also includes a determination by the	1822
juvenile court judge that the delinquent child is a sexual	1823
predator relative to the sexually oriented offenseor child-victim	1824
predator in the manner described in section 2152.82 or 2152.83 of	1825
the Revised Code and that determination remains in effect, to	1826
enter, as applicable, an order that contains a determination that	1827
the child no longer is a sexual predator, the reason or reasons	1828
for that determination, and that also contains either a	1829
determination that the child is a habitual sex offender or a	1830
determination that the child remains a juvenile sex offender	1831
registrant but is not a sexual predator or habitual sex offender,	1832
or an order that contains a determination that the child no longer	1833
is a child-victim predator, the reason or reasons for that	1834
determination, and either a determination that the child is a	1835
habitual child-victim offender or a determination that the child	1836
remains a juvenile offender registrant but is not a child-victim	1837
predator or habitual child-victim offender;	1838

(2) If the order containing the juvenile sex offender	1839
registrant classification under section 2152.82 or 2152.83 of the	1840
Revised Code or under division (C)(2) of this section pursuant to	1841
a petition filed under division (A) of this section does not	1842
include a sexual predator or child-victim predator determination	1843
as described in division (A)(1) of this section but includes a	1844
determination by the juvenile court judge that the delinquent	1845
child is a habitual sex offender relative to the sexually oriented	1846
offenseor a habitual child-victim offender in the manner	1847
described in section 2152.82 or 2152.83 of the Revised Code, or in	1848
this section, and that determination remains in effect, to enter,	1849
as applicable, an order that contains a determination that the	1850
child no longer is a habitual sex offender and that also contains	1851
either a determination that the child remains a juvenile sex	1852
offender registrant or a determination that the child no longer is	1853
a juvenile sex offender registrant and no longer has a duty to	1854
register under sectioncomply with sections 2950.04, 2950.05, and	1855
2950.06 of the Revised Code, or an order that contains a	1856
determination that the child no longer is a habitual child-victim	1857
offender and either a determination that the child remains a	1858
juvenile offender registrant or a determination that the child no	1859
longer is a juvenile offender registrant and no longer has a duty	1860
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1861
Revised Code;	1862

(3) If the order containing the juvenile sex offender	1863
registrant classification under section 2152.82 or 2152.83 of the	1864
Revised Code or under division (C)(2) of this section pursuant to	1865
a petition filed under division (A) of this section does not	1866
include a sexual predator or child-victim predator determination	1867
or a habitual sex offender or habitual child-victim offender	1868
determination as described in division (A)(1) or (2) of this	1869
section, to enter, as applicable, an order that contains a	1870
determination that the child no longer is a juvenile sex offender	1871
registrant and no longer has a duty to register under section	1872
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1873
Code, or an order that contains a determination that the child no	1874
longer is a juvenile offender registrant and no longer has a duty	1875
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1876
Revised Code.	1877

(B) A delinquent child who has been adjudicated a delinquent	1878
child for committing on or after the effective date of this	1879
sectionJanuary 1, 2002, a sexually oriented offense that is not a	1880
registration-exempt sexually oriented offense and who has been	1881
classified a juvenile sex offender registrant relative to that	1882
sexually oriented offense or who has been adjudicated a delinquent	1883
child for committing on or after that date a child-victim oriented	1884
offense and who has been classified a juvenile offender registrant	1885
relative to that offense may file a petition under division (A) of	1886
this section requesting reclassification or declassification as	1887
described in that division after the expiration of one of the	1888
following periods of time:	1889

(1) The delinquent child initially may file a petition not	1890
earlier than three years after the entry of the juvenile court	1891
judge's order after the mandatory hearing conducted under section	1892
2152.84 of the Revised Code.	1893

(2) After the delinquent child's initial filing of a petition	1894
under division (B)(1) of this section, the child may file a second	1895
petition not earlier than three years after the judge has entered	1896
an order deciding the petition under division (B)(1) of this	1897
section.	1898

(3) After the delinquent child's filing of a petition under	1899
division (B)(2) of this section, thereafter, the delinquent child	1900
may file a petition under this division upon the expiration of	1901
five years after the judge has entered an order deciding the	1902
petition under division (B)(2) of this section or the most recent	1903
petition the delinquent child has filed under this division.	1904

(C) Upon the filing of a petition under divisions (A) and (B)	1905
of this section, the judge may review the prior classification or	1906
determination in question and, upon consideration of all relevant	1907
factors and information, including, but not limited to the factors	1908
listed in division (E) of section 2152.83 of the Revised Code, the	1909
judge, in the judge's discretion, shall do one of the following:	1910

(1) Enter an order denying the petition;

1911

(2) Issue an order that reclassifies or declassifies the	1912
delinquent child, in the requested manner specified in division	1913
(A)(1), (2), or (3) of this section.	1914

(D) If a judge issues an order under division (C) of this	1915
section that denies a petition, the prior classification of the	1916
delinquent child as a juvenile sex offender registrant, and the	1917
prior determination that the child is a sexual predator or,	1918
child-victim predator, habitual sex offender, or habitual	1919
child-victim offender, if applicable, shall remain in effect.	1920

A judge may issue an order under division (C) of this section	1921
that contains a determination that a child no longer is a sexual	1922
predator or no longer is a child-victim predator only if the judge	1923
conducts a hearing and, in accordance with the procedures	1924
specified in division (D)(1) of section 2950.09 of the Revised	1925
Code regarding a sexual predator, determines at the hearing by	1926
clear and convincing evidence that the delinquent child is	1927
unlikely to commit a sexually oriented offense in the future, or,	1928
in accordance with the procedures specified in division (D)(1) of	1929
section 2950.091 of the Revised Code regarding a child-victim	1930
predator, determines at the hearing by clear and convincing	1931
evidence that the delinquent child is unlikely to commit a	1932
child-victim oriented offense in the future. If the judge issues	1933
an order of that type, the judge shall provide the notifications	1934
described in division (D)(1) of section 2950.09 or 2950.091 of the	1935
Revised Code, whichever is applicable, and the recipient of the	1936
notification shall comply with the provisions of that division.	1937

A judge may issue an order under division (C) of this section	1938
that contains a determination that a delinquent child is a	1939
habitual sex offender or a habitual child-victim offender only if	1940
the judge conducts a hearing and determines at the hearing as	1941
described in division (E) of section 2950.09 of the Revised Code	1942
regarding habitual sex offenders or division (E) of section	1943
2950.091 of the Revised Code regarding habitual child-victim	1944
offenders that the child is a habitual sex offender or a habitual	1945
child-victim offender. If the judge issues an order that contains	1946
a determination that a delinquent child is a habitual sex offender	1947
or a habitual child-victim offender, the judge may impose a	1948
requirement subjecting the child to community notification	1949
provisions as described in that division.	1950

(E) If a judge issues an order under division (C) of this	1951
section, the judge shall provide to the delinquent child and to	1952
the delinquent child's parent, guardian, or custodian a copy of	1953
the order and a notice containing the information described in	1954
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1955
judge shall provide the notice at the time of the issuance of the	1956
order, shall provide the notice as described in division (B)(1)(c)	1957
of section 2950.03 of the Revised Code, and shall comply with	1958
divisions (B)(1), (B)(2), and (C) of that section regarding that	1959
notice and the provision of it.	1960

(F) An order issued under division (C) of this section shall	1961
remain in effect for the period of time specified in section	1962
2950.07 of the Revised Code, subject to a further modification or	1963
a termination of the order under this section, and section	1964
2152.851 of the Revised Code applies regarding the order and the	1965
determinations. If an order is issued under division (C) of this	1966
section, the child's attainment of eighteen or twenty-one years of	1967
age does not affect or terminate the order, and the order remains	1968
in effect for the period of time described in this division.	1969

Sec. 2152.851.  (A) If, prior to the effective date of this	1970
section, a judge issues an order under section 2152.82, 2152.83,	1971
2152.84, or 2152.85 of the Revised Code that classifies a	1972
delinquent child a juvenile offender registrant and if, on and	1973
after the effective date of this section, the sexually oriented	1974
offense upon which the order was based no longer is considered a	1975
sexually oriented offense but instead is a child-victim oriented	1976
offense, notwithstanding the redesignation of the offense, the	1977
order shall remain in effect for the period described in the	1978
section under which it was issued, the order shall be considered	1979
for all purposes to be an order that classifies the child a	1980
juvenile offender registrant, division (A)(2)(b) of section	1981
2950.041 of the Revised Code applies regarding the child, and the	1982
duty to register imposed pursuant to that division shall be	1983
considered, for purposes of section 2950.07 of the Revised Code	1984
and for all other purposes, to be a continuation of the duty	1985
imposed upon the child prior to the effective date of this section	1986
under the order issued under section 2152.82, 2152.83, 2152.84, or	1987
2152.85 and Chapter 2950. of the Revised Code.	1988

(B) If an order of the type described in division (A) of this	1989
section included a classification or determination that the	1990
delinquent child was a sexual predator or habitual sex offender,	1991
notwithstanding the redesignation of the offense upon which the	1992
determination was based, all of the following apply:	1993

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section	1994
2950.091 of the Revised Code apply regarding the child and the	1995
judge's order made prior to the effective date of this section	1996
shall be considered for all purposes to be an order that	1997
classifies the child as described in those divisions;	1998

(2) The child's classification or determination under	1999
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of	2000
the Revised Code shall be considered, for purposes of section	2001
2950.07 of the Revised Code and for all other purposes, to be a	2002
continuation of classification or determination made prior to the	2003
effective date of this section;	2004

(3) The child's duties under Chapter 2950. of the Revised	2005
Code relative to that classification or determination shall be	2006
considered for all purposes to be a continuation of the duties	2007
related to that classification or determination as they existed	2008
prior to the effective date of this section.	2009

Sec. 2743.191.  (A)(1) There is hereby created in the state	2010
treasury the reparations fund, which shall be used only for the	2011
following purposes:	2012

(a) The payment of awards of reparations that are granted by	2013
the attorney general;	2014

(b) The compensation of any personnel needed by the attorney	2015
general to administer sections 2743.51 to 2743.72 of the Revised	2016
Code;	2017

(c) The compensation of witnesses as provided in division (B)	2018
of section 2743.65 of the Revised Code;	2019

(d) Other administrative costs of hearing and determining	2020
claims for an award of reparations by the attorney general;	2021

(e) The costs of administering sections 2907.28 and 2969.01	2022
to 2969.06 of the Revised Code;	2023

(f) The costs of investigation and decision-making as	2024
certified by the attorney general;	2025

(g) The provision of state financial assistance to victim	2026
assistance programs in accordance with sections 109.91 and 109.92	2027
of the Revised Code;	2028

(h) The costs of paying the expenses of sex offense-related	2029
examinations and antibiotics pursuant to section 2907.28 of the	2030
Revised Code;	2031

(i) The cost of printing and distributing the pamphlet	2032
prepared by the attorney general pursuant to section 109.42 of the	2033
Revised Code;	2034

(j) Subject to division (D) of section 2743.71 of the Revised	2035
Code, the costs associated with the printing and providing of	2036
information cards or other printed materials to law enforcement	2037
agencies and prosecuting authorities and with publicizing the	2038
availability of awards of reparations pursuant to section 2743.71	2039
of the Revised Code;	2040

(k) The payment of costs of administering a DNA specimen	2041
collection procedure pursuant to section 2152.74 of the Revised	2042
Code in relation to any act identified in division (E)(1) to (5)	2043
of that section and pursuant to section 2901.07 of the Revised	2044
Code in relation to any act identified in division (E)(1) to (5)	2045
of that section, of performing DNA analysis of those DNA	2046
specimens, and of entering the resulting DNA records regarding	2047
those analyses into the DNA database pursuant to section 109.573	2048
of the Revised Code;	2049

(l) The payment of actual costs associated with initiatives	2050
by the attorney general for the apprehension, prosecution, and	2051
accountability of offenders, and the enhancing of services to	2052
crime victims. The amount of payments made pursuant to division	2053
(A)(1)(l) of this section during any given fiscal year shall not	2054
exceed five per cent of the balance of the reparations fund at the	2055
close of the immediately previous fiscal year.	2056

(2) All costs paid pursuant to section 2743.70 of the Revised	2057
Code, the portions of license reinstatement fees mandated by	2058
division (L)(2)(b) of section 4511.191 of the Revised Code to be	2059
credited to the fund, the portions of the proceeds of the sale of	2060
a forfeited vehicle specified in division (D)(2) of section	2061
4503.234 of the Revised Code, payments collected by the department	2062
of rehabilitation and correction from prisoners who voluntarily	2063
participate in an approved work and training program pursuant to	2064
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	2065
all moneys collected by the state pursuant to its right of	2066
subrogation provided in section 2743.72 of the Revised Code shall	2067
be deposited in the fund.	2068

(B) In making an award of reparations, the attorney general	2069
shall render the award against the state. The award shall be	2070
accomplished only through the following procedure, and the	2071
following procedure may be enforced by writ of mandamus directed	2072
to the appropriate official:	2073

(1) The attorney general shall provide for payment of the	2074
claimant or providers in the amount of the award.	2075

(2) The expense shall be charged against all available	2076
unencumbered moneys in the fund.	2077

(3) If sufficient unencumbered moneys do not exist in the	2078
fund, the attorney general shall make application for payment of	2079
the award out of the emergency purposes account or any other	2080
appropriation for emergencies or contingencies, and payment out of	2081
this account or other appropriation shall be authorized if there	2082
are sufficient moneys greater than the sum total of then pending	2083
emergency purposes account requests or requests for releases from	2084
the other appropriations.	2085

(4) If sufficient moneys do not exist in the account or any	2086
other appropriation for emergencies or contingencies to pay the	2087
award, the attorney general shall request the general assembly to	2088
make an appropriation sufficient to pay the award, and no payment	2089
shall be made until the appropriation has been made. The attorney	2090
general shall make this appropriation request during the current	2091
biennium and during each succeeding biennium until a sufficient	2092
appropriation is made. If, prior to the time that an appropriation	2093
is made by the general assembly pursuant to this division, the	2094
fund has sufficient unencumbered funds to pay the award or part of	2095
the award, the available funds shall be used to pay the award or	2096
part of the award, and the appropriation request shall be amended	2097
to request only sufficient funds to pay that part of the award	2098
that is unpaid.	2099

(C) The attorney general shall not make payment on a decision	2100
or order granting an award until all appeals have been determined	2101
and all rights to appeal exhausted, except as otherwise provided	2102
in this section. If any party to a claim for an award of	2103
reparations appeals from only a portion of an award, and a	2104
remaining portion provides for the payment of money by the state,	2105
that part of the award calling for the payment of money by the	2106
state and not a subject of the appeal shall be processed for	2107
payment as described in this section.	2108

(D) The attorney general shall prepare itemized bills for the	2109
costs of printing and distributing the pamphlet the attorney	2110
general prepares pursuant to section 109.42 of the Revised Code.	2111
The itemized bills shall set forth the name and address of the	2112
persons owed the amounts set forth in them.	2113

(E) As used in this section, "DNA analysis" and "DNA	2114
specimen" have the same meanings as in section 109.573 of the	2115
Revised Code.	2116

Sec. 2743.69. (A) The attorney general shall prepare and	2117
transmit annually to the governor, the president of the senate,	2118
the speaker of the house of representatives, and the minority	2119
leaders of both houses a report of the activities of the Ohio	2120
crime victims compensation program under sections 2743.51 to	2121
2743.72 of the Revised Code. The report shall include theall of	2122
the following:	2123

(1) The number of claims filed, the number of awards made and	2124
the amount of each award, and a statistical summary of awards made	2125
and denied, including the average size of awards; the	2126

(2) The balance in the reparations fund, with a listing by	2127
source and amount of the moneys that have been deposited in the	2128
fund; the	2129

(3) The amount that has been withdrawn from the fund,	2130
including separate listings of the administrative costs incurred	2131
by the attorney general and a court of claims panel of	2132
commissioners, compensation of judges and court personnel, and the	2133
amount awarded as attorney's fees, and the amount of payments made	2134
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	2135
Revised Code. The	2136

(B) The director of budget and management shall assist the	2137
attorney general in the preparation of the report required by this	2138
section.	2139

Sec. 2901.07.  (A) As used in this section:

2140

(1) "DNA analysis" and "DNA specimen" have the same meanings	2141
as in section 109.573 of the Revised Code.	2142

(2) "Jail" and "community-based correctional facility" have	2143
the same meanings as in section 2929.01 of the Revised Code.	2144

(3) "Post-release control" has the same meaning as in section	2145
2967.01 of the Revised Code.	2146

(B)(1) A person who is convicted of or pleads guilty to a	2147
felony offense listed in division (D) of this section and who is	2148
sentenced to a prison term or to a community residential sanction	2149
in a jail or community-based correctional facility pursuant to	2150
section 2929.16 of the Revised Code, and a person who is convicted	2151
of or pleads guilty to a misdemeanor offense listed in division	2152
(D) of this section and who is sentenced to a term of imprisonment	2153
shall submit to a DNA specimen collection procedure administered	2154
by the director of rehabilitation and correction or the chief	2155
administrative officer of the jail or other detention facility in	2156
which the person is serving the term of imprisonment. If the	2157
person serves the prison term in a state correctional institution,	2158
the director of rehabilitation and correction shall cause the DNA	2159
specimen to be collected from the person during the intake process	2160
at the reception facility designated by the director. If the	2161
person serves the community residential sanction or term of	2162
imprisonment in a jail, a community-based correctional facility,	2163
or another county, multicounty, municipal, municipal-county, or	2164
multicounty-municipal detention facility, the chief administrative	2165
officer of the jail, community-based correctional facility, or	2166
detention facility shall cause the DNA specimen to be collected	2167
from the person during the intake process at the jail,	2168
community-based correctional facility, or detention facility. In	2169
accordance with division (C) of this section, the director or the	2170
chief administrative officer shall cause the DNA specimen to be	2171
forwarded to the bureau of criminal identification and	2172
investigation no later than fifteen days after the date of the	2173
collection of the DNA specimen. The DNA specimen shall be	2174
collected in accordance with division (C) of this section.	2175

(2) If a person is convicted of or pleads guilty to an	2176
offense listed in division (D) of this section, is serving a	2177
prison term, community residential sanction, or term of	2178
imprisonment for that offense, and does not provide a DNA specimen	2179
pursuant to division (B)(1) of this section, prior to the person's	2180
release from the prison term, community residential sanction, or	2181
imprisonment, the person shall submit to, and the director of	2182
rehabilitation and correction or the chief administrative officer	2183
of the jail, community-based correctional facility, or detention	2184
facility in which the person is serving the prison term, community	2185
residential sanction, or term of imprisonment shall administer, a	2186
DNA specimen collection procedure at the state correctional	2187
institution, jail, community-based correctional facility, or	2188
detention facility in which the person is serving the prison term,	2189
community residential sanction, or term of imprisonment. In	2190
accordance with division (C) of this section, the director or the	2191
chief administrative officer shall cause the DNA specimen to be	2192
forwarded to the bureau of criminal identification and	2193
investigation no later than fifteen days after the date of the	2194
collection of the DNA specimen. The DNA specimen shall be	2195
collected in accordance with division (C) of this section.	2196

(3) If a person sentenced to a term of imprisonment or	2197
serving a prison term or community residential sanction for	2198
committing an offense listed in division (D) of this section is on	2199
probation, is released on parole, under transitional control, or	2200
on another type of release, or is on post-release control, if the	2201
person is under the supervision of a probation department or the	2202
adult parole authority, if the person is sent to jail or is	2203
returned to a jail, community-based correctional facility, or	2204
state correctional institution for a violation of the terms and	2205
conditions of the probation, parole, transitional control, other	2206
release, or post-release control, if the person was or will be	2207
serving a term of imprisonment, prison term, or community	2208
residential sanction for committing an offense listed in division	2209
(D) of this section, and if the person did not provide a DNA	2210
specimen pursuant to division (B)(1) or (2) of this section, the	2211
person shall submit to, and the director of rehabilitation and	2212
correction or the chief administrative officer of the jail or	2213
community-based correctional facility shall administer, a DNA	2214
specimen collection procedure at the jail, community-based	2215
correctional facility, or state correctional institution in which	2216
the person is serving the term of imprisonment, prison term, or	2217
community residential sanction. In accordance with division (C) of	2218
this section, the director or the chief administrative officer	2219
shall cause the DNA specimen to be forwarded to the bureau of	2220
criminal identification and investigation no later than fifteen	2221
days after the date of the collection of the DNA specimen. The DNA	2222
specimen shall be collected from the person in accordance with	2223
division (C) of this section.	2224

(C) If the DNA specimen is collected by withdrawing blood	2225
from the person or a similarly invasive procedure, a physician,	2226
registered nurse, licensed practical nurse, duly licensed clinical	2227
laboratory technician, or other qualified medical practitioner	2228
shall collect in a medically approved manner the DNA specimen	2229
required to be collected pursuant to division (B) of this section.	2230
If the DNA specimen is collected by swabbing for buccal cells or a	2231
similarly noninvasive procedure, this section does not require	2232
that the DNA specimen be collected by a qualified medical	2233
practitioner of that nature. No later than fifteen days after the	2234
date of the collection of the DNA specimen, the director of	2235
rehabilitation and correction or the chief administrative officer	2236
of the jail, community-based correctional facility, or other	2237
county, multicounty, municipal, municipal-county, or	2238
multicounty-municipal detention facility, in which the person is	2239
serving the prison term, community residential sanction, or term	2240
of imprisonment shall cause the DNA specimen to be forwarded to	2241
the bureau of criminal identification and investigation in	2242
accordance with procedures established by the superintendent of	2243
the bureau under division (H) of section 109.573 of the Revised	2244
Code. The bureau shall provide the specimen vials, mailing tubes,	2245
labels, postage, and instructions needed for the collection and	2246
forwarding of the DNA specimen to the bureau.	2247

(D) The director of rehabilitation and correction and the	2248
chief administrative officer of the jail, community-based	2249
correctional facility, or other county, multicounty, municipal,	2250
municipal-county, or multicounty-municipal detention facility	2251
shall cause a DNA specimen to be collected in accordance with	2252
divisions (B) and (C) of this section from a person in its custody	2253
who is convicted of or pleads guilty to any of the following	2254
offenses:	2255

(1) A violation of section 2903.01, 2903.02, 2903.11,	2256
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02,	2257
2911.11, or 2911.12 of the Revised Code;	2258

(2) A violation of section 2907.12 of the Revised Code as it	2259
existed prior to September 3, 1996;	2260

(3) An attempt to commit a violation of section 2903.01,	2261
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	2262
or to commit a violation of section 2907.12 of the Revised Code as	2263
it existed prior to September 3, 1996;	2264

(4) A violation of any law that arose out of the same facts	2265
and circumstances and same act as did a charge against the person	2266
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	2267
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	2268
previously was dismissed or amended or as did a charge against the	2269
person of a violation of section 2907.12 of the Revised Code as it	2270
existed prior to September 3, 1996, that previously was dismissed	2271
or amended;	2272

(5) A violation of section 2905.02 or 2919.23 of the Revised	2273
Code that would have been a violation of section 2905.04 of the	2274
Revised Code as it existed prior to July 1, 1996, had it been	2275
committed prior to that date;	2276

(6) A sexually oriented offense or a child-victim oriented	2277
offense, both as defined in section 2950.01 of the Revised Code,	2278
if, in relation to that offense, the offender has been adjudicated	2279
as being a sexual predator or a child-victim predator, both as	2280
defined in section 2950.01 of the Revised Code;	2281

(7) A felony violation of any law that arose out of the same	2282
facts and circumstances and same act as did a charge against the	2283
person of a violation of section 2903.11, 2911.01, 2911.02, or	2284
2911.12 of the Revised Code that previously was dismissed or	2285
amended;	2286

(8) A conspiracy to commit a violation of section 2903.01,	2287
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	2288
Revised Code;	2289

(9) Complicity in committing a violation of section 2903.01,	2290
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	2291
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	2292
violation of section 2907.12 of the Revised Code as it existed	2293
prior to September 3, 1996.	2294

(E) The director of rehabilitation and correction or a chief	2295
administrative officer of a jail, community-based correctional	2296
facility, or other detention facility described in division (B) of	2297
this section in relation to the following offenses is not required	2298
to comply with this section until the superintendent of the bureau	2299
of criminal identification and investigation gives agencies in the	2300
criminal justice system, as defined in section 181.51 of the	2301
Revised Code, in the state official notification that the state	2302
DNA laboratory is prepared to accept DNA specimens of that nature:	2303

(1) A violation of section 2903.11, 2911.01, 2911.02, or	2304
2911.12 of the Revised Code;	2305

(2) An attempt to commit a violation of section 2903.01 or	2306
2903.02 of the Revised Code;	2307

(3) A felony violation of any law that arose out of the same	2308
facts and circumstances and same act as did a charge against the	2309
person of a violation of section 2903.11, 2911.01, 2911.02, or	2310
2911.12 of the Revised Code that previously was dismissed or	2311
amended;	2312

(4) A conspiracy to commit a violation of section 2903.01,	2313
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	2314
Revised Code;	2315

(5) Complicity in committing a violation of section 2903.01,	2316
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	2317
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	2318
violation of section 2907.12 of the Revised Code as it existed	2319
prior to September 3, 1996.	2320

Sec. 2907.07.  (A) No person shall solicit a person who is	2321
less than thirteen years of age to engage in sexual activity with	2322
the offender, whether or not the offender knows the age of such	2323
person.	2324

(B) No person shall solicit a person of the same sex to	2325
engage in sexual activity with the offender, when the offender	2326
knows such solicitation is offensive to the other person, or is	2327
reckless in that regard.	2328

(C) No person shall solicit another, not the spouse of the	2329
offender, to engage in sexual conduct with the offender, when the	2330
offender is eighteen years of age or older and four or more years	2331
older than the other person, and the other person is thirteen	2332
years of age or older but less than sixteen years of age, whether	2333
or not the offender knows the age of the other person.	2334

(D)(C) No person shall solicit another by means of a	2335
telecommunications device, as defined in section 2913.01 of the	2336
Revised Code, to engage in sexual activity with the offender when	2337
the offender is eighteen years of age or older and either of the	2338
following applies:	2339

(1) The other person is less than thirteen years of age, and	2340
the offender knows that the other person is less than thirteen	2341
years of age or is reckless in that regard.	2342

(2) The other person is a law enforcement officer posing as a	2343
person who is less than thirteen years of age, and the offender	2344
believes that the other person is less than thirteen years of age	2345
or is reckless in that regard.	2346

(E)(D) No person shall solicit another by means of a	2347
telecommunications device, as defined in section 2913.01 of the	2348
Revised Code, to engage in sexual activity with the offender when	2349
the offender is eighteen years of age or older and either of the	2350
following applies:	2351

(1) The other person is thirteen years of age or older but	2352
less than sixteen years of age, the offender knows that the other	2353
person is thirteen years of age or older but less than sixteen	2354
years of age or is reckless in that regard, and the offender is	2355
four or more years older than the other person.	2356

(2) The other person is a law enforcement officer posing as a	2357
person who is thirteen years of age or older but less than sixteen	2358
years of age, the offender believes that the other person is	2359
thirteen years of age or older but less than sixteen years of age	2360
or is reckless in that regard, and the offender is four or more	2361
years older than the age the law enforcement officer assumes in	2362
posing as the person who is thirteen years of age or older but	2363
less than sixteen years of age.	2364

(F)(E) Divisions (D)(C) and (E)(D) of this section apply to	2365
any solicitation that is contained in a transmission via a	2366
telecommunications device that either originates in this state or	2367
is received in this state.	2368

(G)(F) Whoever violates this section is guilty of	2369
importuning. Violation of division (B) of this section is a	2370
misdemeanor of the first degree. A violation of division (A) or	2371
(D)(C) of this section is a felony of the fourth degree on a first	2372
offense and a felony of the third degree on each subsequent	2373
offense. A violation of division (C)(B) or (E)(D) of this section	2374
is a felony of the fifth degree on a first offense and a felony of	2375
the fourth degree on each subsequent offense.	2376

Sec. 2919.24.  (A) No person, including a parent, guardian,	2377
or other custodian of a child, shall do any of the following:	2378

(1) Aid, abet, induce, cause, encourage, or contribute to a	2379
child or a ward of the juvenile court becoming an unruly child, as	2380
defined in section 2151.022 of the Revised Code, or a delinquent	2381
child, as defined in section 2152.02 of the Revised Code;	2382

(2) Act in a way tending to cause a child or a ward of the	2383
juvenile court to become an unruly child, as defined in section	2384
2151.022 of the Revised Code, or a delinquent child, as defined in	2385
section 2152.02 of the Revised Code;	2386

(3) If the person is the parent, guardian, or custodian of a	2387
child who has the duties under Chapters 2152. and 2950. of the	2388
Revised Code to register, to register a new residence address, and	2389
to periodically verify a residence address, and, if applicable, to	2390
send a notice of intent to reside, and if the child is not	2391
emancipated, as defined in section 2919.121 of the Revised Code,	2392
fail to ensure that the child complies with those duties under	2393
Chapters 2152. and 2950. of the Revised Code.	2394

(B) Whoever violates this section is guilty of contributing	2395
to the unruliness or delinquency of a child, a misdemeanor of the	2396
first degree. Each day of violation of this section is a separate	2397
offense.	2398

Sec. 2929.01.  As used in this chapter:

2399

(A)(1) "Alternative residential facility" means, subject to	2400
division (A)(2) of this section, any facility other than an	2401
offender's home or residence in which an offender is assigned to	2402
live and that satisfies all of the following criteria:	2403

(a) It provides programs through which the offender may seek	2404
or maintain employment or may receive education, training,	2405
treatment, or habilitation.	2406

(b) It has received the appropriate license or certificate	2407
for any specialized education, training, treatment, habilitation,	2408
or other service that it provides from the government agency that	2409
is responsible for licensing or certifying that type of education,	2410
training, treatment, habilitation, or service.	2411

(2) "Alternative residential facility" does not include a	2412
community-based correctional facility, jail, halfway house, or	2413
prison.	2414

(B) "Bad time" means the time by which the parole board	2415
administratively extends an offender's stated prison term or terms	2416
pursuant to section 2967.11 of the Revised Code because the parole	2417
board finds by clear and convincing evidence that the offender,	2418
while serving the prison term or terms, committed an act that is a	2419
criminal offense under the law of this state or the United States,	2420
whether or not the offender is prosecuted for the commission of	2421
that act.	2422

(C) "Basic probation supervision" means a requirement that	2423
the offender maintain contact with a person appointed to supervise	2424
the offender in accordance with sanctions imposed by the court or	2425
imposed by the parole board pursuant to section 2967.28 of the	2426
Revised Code. "Basic probation supervision" includes basic parole	2427
supervision and basic post-release control supervision.	2428

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	2429
"unit dose" have the same meanings as in section 2925.01 of the	2430
Revised Code.	2431

(E) "Community-based correctional facility" means a	2432
community-based correctional facility and program or district	2433
community-based correctional facility and program developed	2434
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	2435

(F) "Community control sanction" means a sanction that is not	2436
a prison term and that is described in section 2929.15, 2929.16,	2437
2929.17, or 2929.18 of the Revised Code.	2438

(G) "Controlled substance," "marihuana," "schedule I," and	2439
"schedule II" have the same meanings as in section 3719.01 of the	2440
Revised Code.	2441

(H) "Curfew" means a requirement that an offender during a	2442
specified period of time be at a designated place.	2443

(I) "Day reporting" means a sanction pursuant to which an	2444
offender is required each day to report to and leave a center or	2445
other approved reporting location at specified times in order to	2446
participate in work, education or training, treatment, and other	2447
approved programs at the center or outside the center.	2448

(J) "Deadly weapon" has the same meaning as in section	2449
2923.11 of the Revised Code.	2450

(K) "Drug and alcohol use monitoring" means a program under	2451
which an offender agrees to submit to random chemical analysis of	2452
the offender's blood, breath, or urine to determine whether the	2453
offender has ingested any alcohol or other drugs.	2454

(L) "Drug treatment program" means any program under which a	2455
person undergoes assessment and treatment designed to reduce or	2456
completely eliminate the person's physical or emotional reliance	2457
upon alcohol, another drug, or alcohol and another drug and under	2458
which the person may be required to receive assessment and	2459
treatment on an outpatient basis or may be required to reside at a	2460
facility other than the person's home or residence while	2461
undergoing assessment and treatment.	2462

(M) "Economic loss" means any economic detriment suffered by	2463
a victim as a result of the commission of a felony and includes	2464
any loss of income due to lost time at work because of any injury	2465
caused to the victim, and any property loss, medical cost, or	2466
funeral expense incurred as a result of the commission of the	2467
felony.	2468

(N) "Education or training" includes study at, or in	2469
conjunction with a program offered by, a university, college, or	2470
technical college or vocational study and also includes the	2471
completion of primary school, secondary school, and literacy	2472
curricula or their equivalent.	2473

(O) "Electronically monitored house arrest" has the same	2474
meaning as in section 2929.23 of the Revised Code.	2475

(P) "Eligible offender" has the same meaning as in section	2476
2929.23 of the Revised Code except as otherwise specified in	2477
section 2929.20 of the Revised Code.	2478

(Q) "Firearm" has the same meaning as in section 2923.11 of	2479
the Revised Code.	2480

(R) "Halfway house" means a facility licensed by the division	2481
of parole and community services of the department of	2482
rehabilitation and correction pursuant to section 2967.14 of the	2483
Revised Code as a suitable facility for the care and treatment of	2484
adult offenders.	2485

(S) "House arrest" means a period of confinement of an	2486
eligible offender that is in the eligible offender's home or in	2487
other premises specified by the sentencing court or by the parole	2488
board pursuant to section 2967.28 of the Revised Code, that may be	2489
electronically monitored house arrest, and during which all of the	2490
following apply:	2491

(1) The eligible offender is required to remain in the	2492
eligible offender's home or other specified premises for the	2493
specified period of confinement, except for periods of time during	2494
which the eligible offender is at the eligible offender's place of	2495
employment or at other premises as authorized by the sentencing	2496
court or by the parole board.	2497

(2) The eligible offender is required to report periodically	2498
to a person designated by the court or parole board.	2499

(3) The eligible offender is subject to any other	2500
restrictions and requirements that may be imposed by the	2501
sentencing court or by the parole board.	2502

(T) "Intensive probation supervision" means a requirement	2503
that an offender maintain frequent contact with a person appointed	2504
by the court, or by the parole board pursuant to section 2967.28	2505
of the Revised Code, to supervise the offender while the offender	2506
is seeking or maintaining necessary employment and participating	2507
in training, education, and treatment programs as required in the	2508
court's or parole board's order. "Intensive probation supervision"	2509
includes intensive parole supervision and intensive post-release	2510
control supervision.	2511

(U) "Jail" means a jail, workhouse, minimum security jail, or	2512
other residential facility used for the confinement of alleged or	2513
convicted offenders that is operated by a political subdivision or	2514
a combination of political subdivisions of this state.	2515

(V) "Delinquent child" has the same meaning as in section	2516
2152.02 of the Revised Code.	2517

(W) "License violation report" means a report that is made by	2518
a sentencing court, or by the parole board pursuant to section	2519
2967.28 of the Revised Code, to the regulatory or licensing board	2520
or agency that issued an offender a professional license or a	2521
license or permit to do business in this state and that specifies	2522
that the offender has been convicted of or pleaded guilty to an	2523
offense that may violate the conditions under which the offender's	2524
professional license or license or permit to do business in this	2525
state was granted or an offense for which the offender's	2526
professional license or license or permit to do business in this	2527
state may be revoked or suspended.	2528

(X) "Major drug offender" means an offender who is convicted	2529
of or pleads guilty to the possession of, sale of, or offer to	2530
sell any drug, compound, mixture, preparation, or substance that	2531
consists of or contains at least one thousand grams of hashish; at	2532
least one hundred grams of crack cocaine; at least one thousand	2533
grams of cocaine that is not crack cocaine; at least two thousand	2534
five hundred unit doses or two hundred fifty grams of heroin; at	2535
least five thousand unit doses of L.S.D. or five hundred grams of	2536
L.S.D. in a liquid concentrate, liquid extract, or liquid	2537
distillate form; or at least one hundred times the amount of any	2538
other schedule I or II controlled substance other than marihuana	2539
that is necessary to commit a felony of the third degree pursuant	2540
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	2541
Code that is based on the possession of, sale of, or offer to sell	2542
the controlled substance.	2543

(Y) "Mandatory prison term" means any of the following:

2544

(1) Subject to division (Y)(2) of this section, the term in	2545
prison that must be imposed for the offenses or circumstances set	2546
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	2547
division (D) of section 2929.14 of the Revised Code. Except as	2548
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	2549
2925.11 of the Revised Code, unless the maximum or another	2550
specific term is required under section 2929.14 of the Revised	2551
Code, a mandatory prison term described in this division may be	2552
any prison term authorized for the level of offense.	2553

(2) The term of sixty or one hundred twenty days in prison	2554
that a sentencing court is required to impose for a third or	2555
fourth degree felony OMVI offense pursuant to division (G)(2) of	2556
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	2557
the Revised Code.	2558

(3) The term in prison imposed pursuant to section 2971.03 of	2559
the Revised Code for the offenses and in the circumstances	2560
described in division (F)(11) of section 2929.13 of the Revised	2561
Code and that term as modified or terminated pursuant to section	2562
2971.05 of the Revised Code.	2563

(Z) "Monitored time" means a period of time during which an	2564
offender continues to be under the control of the sentencing court	2565
or parole board, subject to no conditions other than leading a	2566
law-abiding life.	2567

(AA) "Offender" means a person who, in this state, is	2568
convicted of or pleads guilty to a felony or a misdemeanor.	2569

(BB) "Prison" means a residential facility used for the	2570
confinement of convicted felony offenders that is under the	2571
control of the department of rehabilitation and correction but	2572
does not include a violation sanction center operated under	2573
authority of section 2967.141 of the Revised Code.	2574

(CC) "Prison term" includes any of the following sanctions	2575
for an offender:	2576

(1) A stated prison term;

2577

(2) A term in a prison shortened by, or with the approval of,	2578
the sentencing court pursuant to section 2929.20, 2967.26,	2579
5120.031, 5120.032, or 5120.073 of the Revised Code;	2580

(3) A term in prison extended by bad time imposed pursuant to	2581
section 2967.11 of the Revised Code or imposed for a violation of	2582
post-release control pursuant to section 2967.28 of the Revised	2583
Code.	2584

(DD) "Repeat violent offender" means a person about whom both	2585
of the following apply:	2586

(1) The person has been convicted of or has pleaded guilty	2587
to, and is being sentenced for committing, for complicity in	2588
committing, or for an attempt to commit, aggravated murder,	2589
murder, involuntary manslaughter, a felony of the first degree	2590
other than one set forth in Chapter 2925. of the Revised Code, a	2591
felony of the first degree set forth in Chapter 2925. of the	2592
Revised Code that involved an attempt to cause serious physical	2593
harm to a person or that resulted in serious physical harm to a	2594
person, or a felony of the second degree that involved an attempt	2595
to cause serious physical harm to a person or that resulted in	2596
serious physical harm to a person.	2597

(2) Either of the following applies:

2598

(a) The person previously was convicted of or pleaded guilty	2599
to, and previously served or, at the time of the offense was	2600
serving, a prison term for, any of the following:	2601

(i) Aggravated murder, murder, involuntary manslaughter,	2602
rape, felonious sexual penetration as it existed under section	2603
2907.12 of the Revised Code prior to September 3, 1996, a felony	2604
of the first or second degree that resulted in the death of a	2605
person or in physical harm to a person, or complicity in or an	2606
attempt to commit any of those offenses;	2607

(ii) An offense under an existing or former law of this	2608
state, another state, or the United States that is or was	2609
substantially equivalent to an offense listed under division	2610
(DD)(2)(a)(i) of this section and that resulted in the death of a	2611
person or in physical harm to a person.	2612

(b) The person previously was adjudicated a delinquent child	2613
for committing an act that if committed by an adult would have	2614
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	2615
section, the person was committed to the department of youth	2616
services for that delinquent act.	2617

(EE) "Sanction" means any penalty imposed upon an offender	2618
who is convicted of or pleads guilty to an offense, as punishment	2619
for the offense. "Sanction" includes any sanction imposed pursuant	2620
to any provision of sections 2929.14 to 2929.18 of the Revised	2621
Code.	2622

(FF) "Sentence" means the sanction or combination of	2623
sanctions imposed by the sentencing court on an offender who is	2624
convicted of or pleads guilty to a felony.	2625

(GG) "Stated prison term" means the prison term, mandatory	2626
prison term, or combination of all prison terms and mandatory	2627
prison terms imposed by the sentencing court pursuant to section	2628
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	2629
includes any credit received by the offender for time spent in	2630
jail awaiting trial, sentencing, or transfer to prison for the	2631
offense and any time spent under house arrest or electronically	2632
monitored house arrest imposed after earning credits pursuant to	2633
section 2967.193 of the Revised Code.	2634

(HH) "Victim-offender mediation" means a reconciliation or	2635
mediation program that involves an offender and the victim of the	2636
offense committed by the offender and that includes a meeting in	2637
which the offender and the victim may discuss the offense, discuss	2638
restitution, and consider other sanctions for the offense.	2639

(II) "Fourth degree felony OMVI offense" means a violation of	2640
division (A) of section 4511.19 of the Revised Code that, under	2641
section 4511.99 of the Revised Code, is a felony of the fourth	2642
degree.	2643

(JJ) "Mandatory term of local incarceration" means the term	2644
of sixty or one hundred twenty days in a jail, a community-based	2645
correctional facility, a halfway house, or an alternative	2646
residential facility that a sentencing court may impose upon a	2647
person who is convicted of or pleads guilty to a fourth degree	2648
felony OMVI offense pursuant to division (G)(1) of section 2929.13	2649
of the Revised Code and division (A)(4) or (8) of section 4511.99	2650
of the Revised Code.	2651

(KK) "Designated homicide, assault, or kidnapping offense,"	2652
"sexual motivation specification," "sexually violent offense,"	2653
"sexually violent predator," and "sexually violent predator	2654
specification" have the same meanings as in section 2971.01 of the	2655
Revised Code.	2656

(LL) "Habitual sex offender," "sexually oriented offense,"	2657
and "sexual predator," "registration-exempt sexually oriented	2658
offense," "child-victim oriented offense," "habitual child-victim	2659
offender," and "child-victim predator" have the same meanings as	2660
in section 2950.01 of the Revised Code.	2661

(MM) An offense is "committed in the vicinity of a child" if	2662
the offender commits the offense within thirty feet of or within	2663
the same residential unit as a child who is under eighteen years	2664
of age, regardless of whether the offender knows the age of the	2665
child or whether the offender knows the offense is being committed	2666
within thirty feet of or within the same residential unit as the	2667
child and regardless of whether the child actually views the	2668
commission of the offense.	2669

(NN) "Family or household member" has the same meaning as in	2670
section 2919.25 of the Revised Code.	2671

(OO) "Motor vehicle" and "manufactured home" have the same	2672
meanings as in section 4501.01 of the Revised Code.	2673

(PP) "Detention" and "detention facility" have the same	2674
meanings as in section 2921.01 of the Revised Code.	2675

(QQ) "Third degree felony OMVI offense" means a violation of	2676
division (A) of section 4511.19 of the Revised Code that, under	2677
section 4511.99 of the Revised Code, is a felony of the third	2678
degree.	2679

(RR) "Random drug testing" has the same meaning as in section	2680
5120.63 of the Revised Code.	2681

(SS) "Felony sex offense" has the same meaning as in section	2682
2957.28 of the Revised Code.	2683

(TT) "Body armor" has the same meaning as in section	2684
2941.1411 of the Revised Code.	2685

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2686
or (G) of this section and unless a specific sanction is required	2687
to be imposed or is precluded from being imposed pursuant to law,	2688
a court that imposes a sentence upon an offender for a felony may	2689
impose any sanction or combination of sanctions on the offender	2690
that are provided in sections 2929.14 to 2929.18 of the Revised	2691
Code. The sentence shall not impose an unnecessary burden on state	2692
or local government resources.	2693

If the offender is eligible to be sentenced to community	2694
control sanctions, the court shall consider the appropriateness of	2695
imposing a financial sanction pursuant to section 2929.18 of the	2696
Revised Code or a sanction of community service pursuant to	2697
section 2929.17 of the Revised Code as the sole sanction for the	2698
offense. Except as otherwise provided in this division, if the	2699
court is required to impose a mandatory prison term for the	2700
offense for which sentence is being imposed, the court also may	2701
impose a financial sanction pursuant to section 2929.18 of the	2702
Revised Code but may not impose any additional sanction or	2703
combination of sanctions under section 2929.16 or 2929.17 of the	2704
Revised Code.	2705

If the offender is being sentenced for a fourth degree felony	2706
OMVI offense or for a third degree felony OMVI offense, in	2707
addition to the mandatory term of local incarceration or the	2708
mandatory prison term required for the offense by division (G)(1)	2709
or (2) of this section, the court shall impose upon the offender a	2710
mandatory fine in accordance with division (B)(3) of section	2711
2929.18 of the Revised Code and may impose whichever of the	2712
following is applicable:	2713

(1) For a fourth degree felony OMVI offense for which	2714
sentence is imposed under division (G)(1) of this section, an	2715
additional community control sanction or combination of community	2716
control sanctions under section 2929.16 or 2929.17 of the Revised	2717
Code;	2718

(2) For a third or fourth degree felony OMVI offense for	2719
which sentence is imposed under division (G)(2) of this section,	2720
an additional prison term as described in division (D)(4) of	2721
section 2929.14 of the Revised Code.	2722

(B)(1) Except as provided in division (B)(2), (E), (F), or	2723
(G) of this section, in sentencing an offender for a felony of the	2724
fourth or fifth degree, the sentencing court shall determine	2725
whether any of the following apply:	2726

(a) In committing the offense, the offender caused physical	2727
harm to a person.	2728

(b) In committing the offense, the offender attempted to	2729
cause or made an actual threat of physical harm to a person with a	2730
deadly weapon.	2731

(c) In committing the offense, the offender attempted to	2732
cause or made an actual threat of physical harm to a person, and	2733
the offender previously was convicted of an offense that caused	2734
physical harm to a person.	2735

(d) The offender held a public office or position of trust	2736
and the offense related to that office or position; the offender's	2737
position obliged the offender to prevent the offense or to bring	2738
those committing it to justice; or the offender's professional	2739
reputation or position facilitated the offense or was likely to	2740
influence the future conduct of others.	2741

(e) The offender committed the offense for hire or as part of	2742
an organized criminal activity.	2743

(f) The offense is a sex offense that is a fourth or fifth	2744
degree felony violation of section 2907.03, 2907.04, 2907.05,	2745
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2746
Revised Code.	2747

(g) The offender at the time of the offense was serving, or	2748
the offender previously had served, a prison term.	2749

(h) The offender committed the offense while under a	2750
community control sanction, while on probation, or while released	2751
from custody on a bond or personal recognizance.	2752

(i) The offender committed the offense while in possession of	2753
a firearm.	2754

(2)(a) If the court makes a finding described in division	2755
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2756
section and if the court, after considering the factors set forth	2757
in section 2929.12 of the Revised Code, finds that a prison term	2758
is consistent with the purposes and principles of sentencing set	2759
forth in section 2929.11 of the Revised Code and finds that the	2760
offender is not amenable to an available community control	2761
sanction, the court shall impose a prison term upon the offender.	2762

(b) Except as provided in division (E), (F), or (G) of this	2763
section, if the court does not make a finding described in	2764
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2765
this section and if the court, after considering the factors set	2766
forth in section 2929.12 of the Revised Code, finds that a	2767
community control sanction or combination of community control	2768
sanctions is consistent with the purposes and principles of	2769
sentencing set forth in section 2929.11 of the Revised Code, the	2770
court shall impose a community control sanction or combination of	2771
community control sanctions upon the offender.	2772

(C) Except as provided in division (E), (F), or (G) of this	2773
section, in determining whether to impose a prison term as a	2774
sanction for a felony of the third degree or a felony drug offense	2775
that is a violation of a provision of Chapter 2925. of the Revised	2776
Code and that is specified as being subject to this division for	2777
purposes of sentencing, the sentencing court shall comply with the	2778
purposes and principles of sentencing under section 2929.11 of the	2779
Revised Code and with section 2929.12 of the Revised Code.	2780

(D) Except as provided in division (E) or (F) of this	2781
section, for a felony of the first or second degree and for a	2782
felony drug offense that is a violation of any provision of	2783
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2784
presumption in favor of a prison term is specified as being	2785
applicable, it is presumed that a prison term is necessary in	2786
order to comply with the purposes and principles of sentencing	2787
under section 2929.11 of the Revised Code. Notwithstanding the	2788
presumption established under this division, the sentencing court	2789
may impose a community control sanction or a combination of	2790
community control sanctions instead of a prison term on an	2791
offender for a felony of the first or second degree or for a	2792
felony drug offense that is a violation of any provision of	2793
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2794
presumption in favor of a prison term is specified as being	2795
applicable if it makes both of the following findings:	2796

(1) A community control sanction or a combination of	2797
community control sanctions would adequately punish the offender	2798
and protect the public from future crime, because the applicable	2799
factors under section 2929.12 of the Revised Code indicating a	2800
lesser likelihood of recidivism outweigh the applicable factors	2801
under that section indicating a greater likelihood of recidivism.	2802

(2) A community control sanction or a combination of	2803
community control sanctions would not demean the seriousness of	2804
the offense, because one or more factors under section 2929.12 of	2805
the Revised Code that indicate that the offender's conduct was	2806
less serious than conduct normally constituting the offense are	2807
applicable, and they outweigh the applicable factors under that	2808
section that indicate that the offender's conduct was more serious	2809
than conduct normally constituting the offense.	2810

(E)(1) Except as provided in division (F) of this section,	2811
for any drug offense that is a violation of any provision of	2812
Chapter 2925. of the Revised Code and that is a felony of the	2813
third, fourth, or fifth degree, the applicability of a presumption	2814
under division (D) of this section in favor of a prison term or of	2815
division (B) or (C) of this section in determining whether to	2816
impose a prison term for the offense shall be determined as	2817
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2818
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2819
Revised Code, whichever is applicable regarding the violation.	2820

(2) If an offender who was convicted of or pleaded guilty to	2821
a felony violates the conditions of a community control sanction	2822
imposed for the offense solely by reason of producing positive	2823
results on a drug test, the court, as punishment for the violation	2824
of the sanction, shall not order that the offender be imprisoned	2825
unless the court determines on the record either of the following:	2826

(a) The offender had been ordered as a sanction for the	2827
felony to participate in a drug treatment program, in a drug	2828
education program, or in narcotics anonymous or a similar program,	2829
and the offender continued to use illegal drugs after a reasonable	2830
period of participation in the program.	2831

(b) The imprisonment of the offender for the violation is	2832
consistent with the purposes and principles of sentencing set	2833
forth in section 2929.11 of the Revised Code.	2834

(F) Notwithstanding divisions (A) to (E) of this section, the	2835
court shall impose a prison term or terms under sections 2929.02	2836
to 2929.06, section 2929.14, or section 2971.03 of the Revised	2837
Code and except as specifically provided in section 2929.20 or	2838
2967.191 of the Revised Code or when parole is authorized for the	2839
offense under section 2967.13 of the Revised Code shall not reduce	2840
the terms pursuant to section 2929.20, section 2967.193, or any	2841
other provision of Chapter 2967. or Chapter 5120. of the Revised	2842
Code for any of the following offenses:	2843

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

2844

(2) Any rape, regardless of whether force was involved and	2845
regardless of the age of the victim, or an attempt to commit rape	2846
if, had the offender completed the rape that was attempted, the	2847
offender would have been subject to a sentence of life	2848
imprisonment or life imprisonment without parole for the rape;	2849

(3) Gross sexual imposition or sexual battery, if the victim	2850
is under thirteen years of age, if the offender previously was	2851
convicted of or pleaded guilty to rape, the former offense of	2852
felonious sexual penetration, gross sexual imposition, or sexual	2853
battery, and if the victim of the previous offense was under	2854
thirteen years of age;	2855

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2856
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	2857
requires the imposition of a prison term;	2858

(5) A first, second, or third degree felony drug offense for	2859
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2860
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2861
4729.99 of the Revised Code, whichever is applicable regarding the	2862
violation, requires the imposition of a mandatory prison term;	2863

(6) Any offense that is a first or second degree felony and	2864
that is not set forth in division (F)(1), (2), (3), or (4) of this	2865
section, if the offender previously was convicted of or pleaded	2866
guilty to aggravated murder, murder, any first or second degree	2867
felony, or an offense under an existing or former law of this	2868
state, another state, or the United States that is or was	2869
substantially equivalent to one of those offenses;	2870

(7) Any offense that is a third degree felony and that is	2871
listed in division (DD)(1) of section 2929.01 of the Revised Code	2872
if the offender previously was convicted of or pleaded guilty to	2873
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	2874
section 2929.01 of the Revised Code;	2875

(8) Any offense, other than a violation of section 2923.12 of	2876
the Revised Code, that is a felony, if the offender had a firearm	2877
on or about the offender's person or under the offender's control	2878
while committing the felony, with respect to a portion of the	2879
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2880
of the Revised Code for having the firearm;	2881

(9) Any offense of violence that is a felony, if the offender	2882
wore or carried body armor while committing the felony offense of	2883
violence, with respect to the portion of the sentence imposed	2884
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2885
Code for wearing or carrying the body armor;	2886

(10) Corrupt activity in violation of section 2923.32 of the	2887
Revised Code when the most serious offense in the pattern of	2888
corrupt activity that is the basis of the offense is a felony of	2889
the first degree;	2890

(11) Any sexually violent offense for which the offender also	2891
is convicted of or pleads guilty to a sexually violent predator	2892
specification that was included in the indictment, count in the	2893
indictment, or information charging the sexually violent offense;	2894

(12) A violation of division (A)(1) or (2) of section 2921.36	2895
of the Revised Code, or a violation of division (C) of that	2896
section involving an item listed in division (A)(1) or (2) of that	2897
section, if the offender is an officer or employee of the	2898
department of rehabilitation and correction.	2899

(G) Notwithstanding divisions (A) to (E) of this section, if	2900
an offender is being sentenced for a fourth degree felony OMVI	2901
offense or for a third degree felony OMVI offense, the court shall	2902
impose upon the offender a mandatory term of local incarceration	2903
or a mandatory prison term in accordance with the following:	2904

(1) If the offender is being sentenced for a fourth degree	2905
felony OMVI offense, the court may impose upon the offender a	2906
mandatory term of local incarceration of sixty days as specified	2907
in division (A)(4) of section 4511.99 of the Revised Code or a	2908
mandatory term of local incarceration of one hundred twenty days	2909
as specified in division (A)(8) of that section. The court shall	2910
not reduce the term pursuant to section 2929.20, 2967.193, or any	2911
other provision of the Revised Code. The court that imposes a	2912
mandatory term of local incarceration under this division shall	2913
specify whether the term is to be served in a jail, a	2914
community-based correctional facility, a halfway house, or an	2915
alternative residential facility, and the offender shall serve the	2916
term in the type of facility specified by the court. A mandatory	2917
term of local incarceration imposed under division (G)(1) of this	2918
section is not subject to extension under section 2967.11 of the	2919
Revised Code, to a period of post-release control under section	2920
2967.28 of the Revised Code, or to any other Revised Code	2921
provision that pertains to a prison term.	2922

(2) If the offender is being sentenced for a third degree	2923
felony OMVI offense, or if the offender is being sentenced for a	2924
fourth degree felony OMVI offense and the court does not impose a	2925
mandatory term of local incarceration under division (G)(1) of	2926
this section, the court shall impose upon the offender a mandatory	2927
prison term of sixty days as specified in division (A)(4) of	2928
section 4511.99 of the Revised Code or a mandatory prison term of	2929
one hundred twenty days as specified in division (A)(8) of that	2930
section. The court shall not reduce the term pursuant to section	2931
2929.20, 2967.193, or any other provision of the Revised Code. In	2932
no case shall an offender who once has been sentenced to a	2933
mandatory term of local incarceration pursuant to division (G)(1)	2934
of this section for a fourth degree felony OMVI offense be	2935
sentenced to another mandatory term of local incarceration under	2936
that division for any violation of division (A) of section 4511.19	2937
of the Revised Code. The court shall not sentence the offender to	2938
a community control sanction under section 2929.16 or 2929.17 of	2939
the Revised Code. The department of rehabilitation and correction	2940
may place an offender sentenced to a mandatory prison term under	2941
this division in an intensive program prison established pursuant	2942
to section 5120.033 of the Revised Code if the department gave the	2943
sentencing judge prior notice of its intent to place the offender	2944
in an intensive program prison established under that section and	2945
if the judge did not notify the department that the judge	2946
disapproved the placement. Upon the establishment of the initial	2947
intensive program prison pursuant to section 5120.033 of the	2948
Revised Code that is privately operated and managed by a	2949
contractor pursuant to a contract entered into under section 9.06	2950
of the Revised Code, both of the following apply:	2951

(a) The department of rehabilitation and correction shall	2952
make a reasonable effort to ensure that a sufficient number of	2953
offenders sentenced to a mandatory prison term under this division	2954
are placed in the privately operated and managed prison so that	2955
the privately operated and managed prison has full occupancy.	2956

(b) Unless the privately operated and managed prison has full	2957
occupancy, the department of rehabilitation and correction shall	2958
not place any offender sentenced to a mandatory prison term under	2959
this division in any intensive program prison established pursuant	2960
to section 5120.033 of the Revised Code other than the privately	2961
operated and managed prison.	2962

(H) If an offender is being sentenced for a sexually oriented	2963
offense committed on or after January 1, 1997, the judge shall	2964
require the offender to submit to a DNA specimen collection	2965
procedure pursuant to section 2901.07 of the Revised Code if	2966
either of the following applies:	2967

(1) The offense was a sexually violent offense, and the	2968
offender also was convicted of or pleaded guilty to a sexually	2969
violent predator specification that was included in the	2970
indictment, count in the indictment, or information charging the	2971
sexually violent offense.	2972

(2) The judge imposing sentence for the sexually oriented	2973
offense determines pursuant to division (B) of section 2950.09 of	2974
the Revised Code that the offender is a sexual predator.	2975

(I) If an offender is being sentenced for a sexually oriented	2976
offense that is not a registration-exempt sexually oriented	2977
offense or for a child-victim oriented offense committed on or	2978
after January 1, 1997, the judge shall include in the sentence a	2979
summary of the offender's duty to register pursuant to section	2980
duties imposed under sections 2950.04 of the Revised Code, the	2981
offender's duty to provide notice of a change in residence address	2982
and register the new residence address pursuant to section,	2983
2950.041, 2950.05 of the Revised Code, the offender's duty to	2984
periodically verify the offender's current residence address	2985
pursuant to section, and 2950.06 of the Revised Code, and the	2986
duration of the duties. The judge shall inform the offender, at	2987
the time of sentencing, of those duties and of their duration and,	2988
if required under division (A)(2) of section 2950.03 of the	2989
Revised Code, shall perform the duties specified in that section.	2990

(J)(1) Except as provided in division (J)(2) of this section,	2991
when considering sentencing factors under this section in relation	2992
to an offender who is convicted of or pleads guilty to an attempt	2993
to commit an offense in violation of section 2923.02 of the	2994
Revised Code, the sentencing court shall consider the factors	2995
applicable to the felony category of the violation of section	2996
2923.02 of the Revised Code instead of the factors applicable to	2997
the felony category of the offense attempted.	2998

(2) When considering sentencing factors under this section in	2999
relation to an offender who is convicted of or pleads guilty to an	3000
attempt to commit a drug abuse offense for which the penalty is	3001
determined by the amount or number of unit doses of the controlled	3002
substance involved in the drug abuse offense, the sentencing court	3003
shall consider the factors applicable to the felony category that	3004
the drug abuse offense attempted would be if that drug abuse	3005
offense had been committed and had involved an amount or number of	3006
unit doses of the controlled substance that is within the next	3007
lower range of controlled substance amounts than was involved in	3008
the attempt.	3009

(K) As used in this section, "drug abuse offense" has the	3010
same meaning as in section 2925.01 of the Revised Code.	3011

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	3012
hearing before imposing a sentence under this chapter upon an	3013
offender who was convicted of or pleaded guilty to a felony and	3014
before resentencing an offender who was convicted of or pleaded	3015
guilty to a felony and whose case was remanded pursuant to section	3016
2953.07 or 2953.08 of the Revised Code. At the hearing, the	3017
offender, the prosecuting attorney, the victim or the victim's	3018
representative in accordance with section 2930.14 of the Revised	3019
Code, and, with the approval of the court, any other person may	3020
present information relevant to the imposition of sentence in the	3021
case. The court shall inform the offender of the verdict of the	3022
jury or finding of the court and ask the offender whether the	3023
offender has anything to say as to why sentence should not be	3024
imposed upon the offender.	3025

(2) Except as otherwise provided in this division, before	3026
imposing sentence on an offender who is being sentenced for a	3027
sexually oriented offense that was committed on or after January	3028
1, 1997, that is not a registration-exempt sexually oriented	3029
offense, and that is not a sexually violent offense, and before	3030
imposing sentence on an offender who is being sentenced for a	3031
sexually violent offense committed on or after January 1, 1997,	3032
and who was not charged with a sexually violent predator	3033
specification in the indictment, count in the indictment, or	3034
information charging the sexually violent offense, and before	3035
imposing sentence on or after May 7, 2002, on an offender who is	3036
being sentenced for a sexually oriented offense that is not a	3037
registration-exempt sexually oriented offense and who was	3038
acquitted of a sexually violent predator specification included in	3039
the indictment, count in the indictment, or information charging	3040
the sexually oriented offense, the court shall conduct a hearing	3041
in accordance with division (B) of section 2950.09 of the Revised	3042
Code to determine whether the offender is a sexual predator. The	3043
court shall not conduct a hearing under that division if the	3044
offender is being sentenced for a sexually violent offense and, if	3045
a sexually violent predator specification was included in the	3046
indictment, count in the indictment, or information charging the	3047
sexually violent offense, and if the offender was convicted of or	3048
pleaded guilty to that sexually violent predator specification.	3049
Before imposing sentence on an offender who is being sentenced for	3050
a sexually oriented offense that is not a registration-exempt	3051
sexually oriented offense, the court also shall comply with	3052
division (E) of section 2950.09 of the Revised Code.	3053

Before imposing sentence on or after the effective date of	3054
this amendment on an offender who is being sentenced for a	3055
child-victim oriented offense, regardless of when the offense was	3056
committed, the court shall conduct a hearing in accordance with	3057
division (B) of section 2950.091 of the Revised Code to determine	3058
whether the offender is a child-victim predator. Before imposing	3059
sentence on an offender who is being sentenced for a child-victim	3060
oriented offense, the court also shall comply with division (E) of	3061
section 2950.091 of the Revised Code.	3062

(B)(1) At the sentencing hearing, the court, before imposing	3063
sentence, shall consider the record, any information presented at	3064
the hearing by any person pursuant to division (A) of this	3065
section, and, if one was prepared, the presentence investigation	3066
report made pursuant to section 2951.03 of the Revised Code or	3067
Criminal Rule 32.2, and any victim impact statement made pursuant	3068
to section 2947.051 of the Revised Code.	3069

(2) The court shall impose a sentence and shall make a	3070
finding that gives its reasons for selecting the sentence imposed	3071
in any of the following circumstances:	3072

(a) Unless the offense is a sexually violent offense for	3073
which the court is required to impose sentence pursuant to	3074
division (G) of section 2929.14 of the Revised Code, if it imposes	3075
a prison term for a felony of the fourth or fifth degree or for a	3076
felony drug offense that is a violation of a provision of Chapter	3077
2925. of the Revised Code and that is specified as being subject	3078
to division (B) of section 2929.13 of the Revised Code for	3079
purposes of sentencing, its reasons for imposing the prison term,	3080
based upon the overriding purposes and principles of felony	3081
sentencing set forth in section 2929.11 of the Revised Code, and	3082
any factors listed in divisions (B)(1)(a) to (i) of section	3083
2929.13 of the Revised Code that it found to apply relative to the	3084
offender.	3085

(b) If it does not impose a prison term for a felony of the	3086
first or second degree or for a felony drug offense that is a	3087
violation of a provision of Chapter 2925. of the Revised Code and	3088
for which a presumption in favor of a prison term is specified as	3089
being applicable, its reasons for not imposing the prison term and	3090
for overriding the presumption, based upon the overriding purposes	3091
and principles of felony sentencing set forth in section 2929.11	3092
of the Revised Code, and the basis of the findings it made under	3093
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	3094

(c) If it imposes consecutive sentences under section 2929.14	3095
of the Revised Code, its reasons for imposing the consecutive	3096
sentences;	3097

(d) If the sentence is for one offense and it imposes a	3098
prison term for the offense that is the maximum prison term	3099
allowed for that offense by division (A) of section 2929.14 of the	3100
Revised Code, its reasons for imposing the maximum prison term;	3101

(e) If the sentence is for two or more offenses arising out	3102
of a single incident and it imposes a prison term for those	3103
offenses that is the maximum prison term allowed for the offense	3104
of the highest degree by division (A) of section 2929.14 of the	3105
Revised Code, its reasons for imposing the maximum prison term.	3106

(3) Subject to division (B)(4) of this section, if the	3107
sentencing court determines at the sentencing hearing that a	3108
prison term is necessary or required, the court shall do all of	3109
the following:	3110

(a) Impose a stated prison term;

3111

(b) Notify the offender that, as part of the sentence, the	3112
parole board may extend the stated prison term for certain	3113
violations of prison rules for up to one-half of the stated prison	3114
term;	3115

(c) Notify the offender that the offender will be supervised	3116
under section 2967.28 of the Revised Code after the offender	3117
leaves prison if the offender is being sentenced for a felony of	3118
the first degree or second degree, for a felony sex offense, or	3119
for a felony of the third degree in the commission of which the	3120
offender caused or threatened to cause physical harm to a person;	3121

(d) Notify the offender that the offender may be supervised	3122
under section 2967.28 of the Revised Code after the offender	3123
leaves prison if the offender is being sentenced for a felony of	3124
the third, fourth, or fifth degree that is not subject to division	3125
(B)(3)(c) of this section;	3126

(e) Notify the offender that, if a period of supervision is	3127
imposed following the offender's release from prison, as described	3128
in division (B)(3)(c) or (d) of this section, and if the offender	3129
violates that supervision or a condition of post-release control	3130
imposed under division (B) of section 2967.131 of the Revised	3131
Code, the parole board may impose a prison term, as part of the	3132
sentence, of up to one-half of the stated prison term originally	3133
imposed upon the offender;	3134

(f) Require that the offender not ingest or be injected with	3135
a drug of abuse and submit to random drug testing as provided in	3136
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	3137
is applicable to the offender who is serving a prison term, and	3138
require that the results of the drug test administered under any	3139
of those sections indicate that the offender did not ingest or was	3140
not injected with a drug of abuse.	3141

(4) If the offender is being sentenced for a sexually violent	3142
offense that the offender committed on or after January 1, 1997,	3143
and the offender also is convicted of or pleads guilty to a	3144
sexually violent predator specification that was included in the	3145
indictment, count in the indictment, or information charging the	3146
sexually violent offense, if the offender is being sentenced for a	3147
sexually oriented offense that is not a registration-exempt	3148
sexually oriented offense and that the offender committed on or	3149
after January 1, 1997, and the court imposing the sentence has	3150
determined pursuant to division (B) of section 2950.09 of the	3151
Revised Code that the offender is a sexual predator, if the	3152
offender is being sentenced on or after the effective date of this	3153
amendment for a child-victim oriented offense and the court	3154
imposing the sentence has determined pursuant to division (B) of	3155
section 2950.091 of the Revised Code that the offender is a	3156
child-victim predator, or if the offender is being sentenced for	3157
an aggravated sexually oriented offense as defined in section	3158
2950.01 of the Revised Code that the offender committed on or	3159
after the effective date of this amendment, the court shall	3160
include in the offender's sentence a statement that the offender	3161
has been adjudicated as being a sexual predator, has been	3162
adjudicated a child-victim predator, or has been convicted of or	3163
pleaded guilty to an aggravated sexually oriented offense,	3164
whichever is applicable, and shall comply with the requirements of	3165
section 2950.03 of the Revised Code. Additionally, in the	3166
circumstances described in division (G) of section 2929.14 of the	3167
Revised Code, the court shall impose sentence on the offender as	3168
described in that division.	3169

(5) If the sentencing court determines at the sentencing	3170
hearing that a community control sanction should be imposed and	3171
the court is not prohibited from imposing a community control	3172
sanction, the court shall impose a community control sanction. The	3173
court shall notify the offender that, if the conditions of the	3174
sanction are violated, if the offender commits a violation of any	3175
law, or if the offender leaves this state without the permission	3176
of the court or the offender's probation officer, the court may	3177
impose a longer time under the same sanction, may impose a more	3178
restrictive sanction, or may impose a prison term on the offender	3179
and shall indicate the specific prison term that may be imposed as	3180
a sanction for the violation, as selected by the court from the	3181
range of prison terms for the offense pursuant to section 2929.14	3182
of the Revised Code.	3183

(6) Before imposing a financial sanction under section	3184
2929.18 of the Revised Code or a fine under section 2929.25 of the	3185
Revised Code, the court shall consider the offender's present and	3186
future ability to pay the amount of the sanction or fine.	3187

(7) If the sentencing court sentences the offender to a	3188
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3189
the Revised Code that is to be served in a local detention	3190
facility, as defined in section 2929.35 of the Revised Code, and	3191
if the local detention facility is covered by a policy adopted	3192
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3193
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3194
and section 2929.37 of the Revised Code, both of the following	3195
apply:	3196

(a) The court shall specify both of the following as part of	3197
the sentence:	3198

(i) If the offender is presented with an itemized bill	3199
pursuant to section 2929.37 of the Revised Code for payment of the	3200
costs of confinement, the offender is required to pay the bill in	3201
accordance with that section.	3202

(ii) If the offender does not dispute the bill described in	3203
division (B)(7)(a)(i) of this section and does not pay the bill by	3204
the times specified in section 2929.37 of the Revised Code, the	3205
clerk of the court may issue a certificate of judgment against the	3206
offender as described in that section.	3207

(b) The sentence automatically includes any certificate of	3208
judgment issued as described in division (B)(7)(a)(ii) of this	3209
section.	3210

(C)(1) If the offender is being sentenced for a fourth degree	3211
felony OMVI offense under division (G)(1) of section 2929.13 of	3212
the Revised Code, the court shall impose the mandatory term of	3213
local incarceration in accordance with that division, shall impose	3214
a mandatory fine in accordance with division (B)(3) of section	3215
2929.18 of the Revised Code, and, in addition, may impose	3216
additional sanctions as specified in sections 2929.15, 2929.16,	3217
2929.17, and 2929.18 of the Revised Code. The court shall not	3218
impose a prison term on the offender.	3219

(2) If the offender is being sentenced for a third or fourth	3220
degree felony OMVI offense under division (G)(2) of section	3221
2929.13 of the Revised Code, the court shall impose the mandatory	3222
prison term in accordance with that division, shall impose a	3223
mandatory fine in accordance with division (B)(3) of section	3224
2929.18 of the Revised Code, and, in addition, may impose an	3225
additional prison term as specified in section 2929.14 of the	3226
Revised Code. The court shall not impose any community control	3227
sanction on the offender.	3228

(D) The sentencing court, pursuant to division (K) of section	3229
2929.14 of the Revised Code, may recommend placement of the	3230
offender in a program of shock incarceration under section	3231
5120.031 of the Revised Code or an intensive program prison under	3232
section 5120.032 of the Revised Code, disapprove placement of the	3233
offender in a program or prison of that nature, or make no	3234
recommendation. If the court recommends or disapproves placement,	3235
it shall make a finding that gives its reasons for its	3236
recommendation or disapproval.	3237

Sec. 2929.21.  (A) Except as provided in division (G) of this	3238
section or in section 2929.23 of the Revised Code, whoever is	3239
convicted of or pleads guilty to a misdemeanor other than a minor	3240
misdemeanor shall be imprisoned for a definite term or fined, or	3241
both, which term of imprisonment and fine shall be fixed by the	3242
court as provided in this section.	3243

Whoever is convicted of or pleads guilty to committing,	3244
attempting to commit, or complicity in committing a violation of	3245
section 2909.03 of the Revised Code that is a misdemeanor, or a	3246
violation of division (A)(2) of section 2909.06 of the Revised	3247
Code when the means used are fire or explosion, shall be required	3248
to reimburse agencies for their investigation or prosecution costs	3249
in accordance with section 2929.28 of the Revised Code.	3250

(B) Except as provided in division (G) of this section, terms	3251
of imprisonment for misdemeanor shall be imposed as follows:	3252

(1) For a misdemeanor of the first degree, not more than six	3253
months;	3254

(2) For a misdemeanor of the second degree, not more than	3255
ninety days;	3256

(3) For a misdemeanor of the third degree, not more than	3257
sixty days;	3258

(4) For a misdemeanor of the fourth degree, not more than	3259
thirty days.	3260

(C) Fines for misdemeanor shall be imposed as follows:

3261

(1) For a misdemeanor of the first degree, not more than one	3262
thousand dollars;	3263

(2) For a misdemeanor of the second degree, not more than	3264
seven hundred fifty dollars;	3265

(3) For a misdemeanor of the third degree, not more than five	3266
hundred dollars;	3267

(4) For a misdemeanor of the fourth degree, not more than two	3268
hundred fifty dollars.	3269

(D) Whoever is convicted of or pleads guilty to a minor	3270
misdemeanor shall be fined not more than one hundred dollars.	3271

(E) The court may require a person who is convicted of or	3272
pleads guilty to a misdemeanor to make restitution for all or part	3273
of the property damage that is caused by the offense and for all	3274
or part of the value of the property that is the subject of any	3275
theft offense, as defined in division (K) of section 2913.01 of	3276
the Revised Code, that the person committed. If the court	3277
determines that the victim of the offense was sixty-five years of	3278
age or older or permanently or totally disabled at the time of the	3279
commission of the offense, the court, regardless of whether the	3280
offender knew the age of victim, shall consider this fact in favor	3281
of imposing restitution, but this fact shall not control the	3282
decision of the court.	3283

(F)(1) If a person is sentenced to a term of imprisonment	3284
pursuant to this section and the term of imprisonment is to be	3285
served in a county jail in a county that has established a county	3286
jail industry program pursuant to section 5147.30 of the Revised	3287
Code, the court shall specify, as part of the sentence, whether	3288
the person may be considered by the county sheriff of that county	3289
for participation in the county jail industry program. The court	3290
shall retain jurisdiction to modify its specification made	3291
pursuant to this division during the person's term of imprisonment	3292
upon a reassessment of the person's qualifications for	3293
participation in the program.	3294

(2) If a person is sentenced to a term of imprisonment	3295
pursuant to this section that is to be served in a local detention	3296
facility, as defined in section 2929.35 of the Revised Code, the	3297
court may impose as part of the sentence pursuant to section	3298
2929.36 of the Revised Code a reimbursement sanction, and, if the	3299
local detention facility is covered by a policy adopted pursuant	3300
to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04,	3301
753.16, 2301.56, or 2947.19 of the Revised Code and section	3302
2929.37 of the Revised Code, both of the following apply:	3303

(a) The court shall specify both of the following as part of	3304
the sentence:	3305

(i) If the person is presented with an itemized bill pursuant	3306
to section 2929.37 of the Revised Code for payment of the costs of	3307
confinement, the person is required to pay the bill in accordance	3308
with that section.	3309

(ii) If the person does not dispute the bill described in	3310
division (F)(2)(a)(i) of this section and does not pay the bill by	3311
the times specified in section 2929.37 of the Revised Code, the	3312
clerk of the court may issue a certificate of judgment against the	3313
person as described in that section.	3314

(b) The sentence automatically includes any certificate of	3315
judgment issued as described in division (F)(2)(a)(ii) of this	3316
section.	3317

(G) If an offender is being sentenced for a sexually oriented	3318
offense that is a misdemeanor committed on or after January 1,	3319
1997, and if the judge imposing sentence for the sexually oriented	3320
offense determines pursuant to division (B) of section 2950.09 of	3321
the Revised Code that the offender is a sexual predator, the judge	3322
shall include in the offender's sentence a statement that the	3323
offender has been adjudicated as being a sexual predator, shall	3324
comply with the requirements of section 2950.03 of the Revised	3325
Code, and shall require the offender to submit to a DNA specimen	3326
collection procedure pursuant to section 2901.07 of the Revised	3327
Code.	3328

(H) Before imposing sentence on an offender who is being	3329
sentenced for a sexually oriented offense that is a misdemeanor,	3330
that was committed on or after January 1, 1997, and that is not a	3331
registration-exempt sexually oriented offense, the judge shall	3332
conduct a hearing in accordance with division (B) of section	3333
2950.09 of the Revised Code to determine whether the offender is a	3334
sexual predator. Before imposing sentence on an offender who is	3335
being sentenced for a sexually oriented offense that is not a	3336
registration-exempt sexually oriented offense, the court also	3337
shall comply with division (E) of section 2950.09 of the Revised	3338
Code.	3339

Before imposing sentence on or after the effective date of	3340
this amendment on an offender who is being sentenced for a	3341
child-victim oriented offense that is a misdemeanor, regardless of	3342
when the offense was committed, the judge shall conduct a hearing	3343
in accordance with division (B) of section 2950.091 of the Revised	3344
Code to determine whether the offender is a child-victim predator.	3345
Before imposing sentence on an offender who is being sentenced for	3346
a child-victim oriented offense, the court also shall comply with	3347
division (E) of section 2950.091 of the Revised Code.	3348

(I) If an offender is being sentenced for a sexually oriented	3349
offense that is not a registration-exempt sexually oriented	3350
offense or for a child-victim oriented offense that is a	3351
misdemeanor committed on or after January 1, 1997, the judge shall	3352
include in the sentence a summary of the offender's duty to	3353
register pursuant to sectionduties imposed under sections 2950.04	3354
of the Revised Code, the offender's duty to provide notice of a	3355
change in residence address and register the new residence address	3356
pursuant to section, 2950.041, 2950.05 of the Revised Code, the	3357
offender's duty to periodically verify the offender's current	3358
residence address pursuant to section, and 2950.06 of the Revised	3359
Code, and the duration of the duties. The judge shall inform the	3360
offender, at the time of sentencing, of those duties and of their	3361
duration and, if required under division (A)(2) of section 2950.03	3362
of the Revised Code, shall perform the duties specified in that	3363
section.	3364

Sec. 2935.36.  (A) The prosecuting attorney may establish	3365
pre-trial diversion programs for adults who are accused of	3366
committing criminal offenses and whom the prosecuting attorney	3367
believes probably will not offend again. The programs shall be	3368
operated pursuant to written standards approved by journal entry	3369
by the presiding judge or, in courts with only one judge, the	3370
judge of the court of common pleas and shall not be applicable to	3371
any of the following:	3372

(1) Repeat offenders or dangerous offenders;

3373

(2) Persons accused of an offense of violence, of a violation	3374
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	3375
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	3376
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	3377
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	3378
Code that, had it occurred prior to July 1, 1996, would have been	3379
a violation of section 2905.04 of the Revised Code as it existed	3380
prior to that date, with the exception that the prosecuting	3381
attorney may permit persons accused of any such offense to enter a	3382
pre-trial diversion program, if the prosecuting attorney finds any	3383
of the following:	3384

(a) The accused did not cause, threaten, or intend serious	3385
physical harm to any person;	3386

(b) The offense was the result of circumstances not likely to	3387
recur;	3388

(c) The accused has no history of prior delinquency or	3389
criminal activity;	3390

(d) The accused has led a law-abiding life for a substantial	3391
time before commission of the alleged offense;	3392

(e) Substantial grounds tending to excuse or justify the	3393
alleged offense.	3394

(3) Persons accused of a violation of Chapter 2925. or 3719.	3395
of the Revised Code;	3396

(4) Drug dependent persons or persons in danger of becoming	3397
drug dependent persons, as defined in section 3719.011 of the	3398
Revised Code. However, this division does not affect the	3399
eligibility of such persons for intervention in lieu of conviction	3400
pursuant to section 2951.041 of the Revised Code.	3401

(5) Persons accused of a violation of section 4511.19 of the	3402
Revised Code or a violation of any substantially similar municipal	3403
ordinance.	3404

(B) An accused who enters a diversion program shall do all of	3405
the following:	3406

(1) Waive, in writing and contingent upon the accused's	3407
successful completion of the program, the accused's right to a	3408
speedy trial, the preliminary hearing, the time period within	3409
which the grand jury may consider an indictment against the	3410
accused, and arraignment, unless the hearing, indictment, or	3411
arraignment has already occurred;	3412

(2) Agree, in writing, to the tolling while in the program of	3413
all periods of limitation established by statutes or rules of	3414
court, that are applicable to the offense with which the accused	3415
is charged and to the conditions of the diversion program	3416
established by the prosecuting attorney.	3417

(C) The trial court, upon the application of the prosecuting	3418
attorney, shall order the release from confinement of any accused	3419
who has agreed to enter a pre-trial diversion program and shall	3420
discharge and release any existing bail and release any sureties	3421
on recognizances and shall release the accused on a recognizance	3422
bond conditioned upon the accused's compliance with the terms of	3423
the diversion program. The prosecuting attorney shall notify every	3424
victim of the crime and the arresting officers of the prosecuting	3425
attorney's intent to permit the accused to enter a pre-trial	3426
diversion program. The victim of the crime and the arresting	3427
officers shall have the opportunity to file written objections	3428
with the prosecuting attorney prior to the commencement of the	3429
pre-trial diversion program.	3430

(D) If the accused satisfactorily completes the diversion	3431
program, the prosecuting attorney shall recommend to the trial	3432
court that the charges against the accused be dismissed, and the	3433
court, upon the recommendation of the prosecuting attorney, shall	3434
dismiss the charges. If the accused chooses not to enter the	3435
prosecuting attorney's diversion program, or if the accused	3436
violates the conditions of the agreement pursuant to which the	3437
accused has been released, the accused may be brought to trial	3438
upon the charges in the manner provided by law, and the waiver	3439
executed pursuant to division (B)(1) of this section shall be void	3440
on the date the accused is removed from the program for the	3441
violation.	3442

(E) As used in this section:

3443

(1) "Repeat offender" means a person who has a history of	3444
persistent criminal activity and whose character and condition	3445
reveal a substantial risk that the person will commit another	3446
offense. It is prima-facie evidence that a person is a repeat	3447
offender if any of the following applies:	3448

(a) Having been convicted of one or more offenses of violence	3449
and having been imprisoned pursuant to sentence for any such	3450
offense, the person commits a subsequent offense of violence;	3451

(b) Having been convicted of one or more sexually oriented	3452
offenses or child-victim oriented offenses, both as defined in	3453
section 2950.01 of the Revised Code, and having been imprisoned	3454
pursuant to sentence for one or more of those offenses, the person	3455
commits a subsequent sexually oriented offense or child-victim	3456
oriented offense;	3457

(c) Having been convicted of one or more theft offenses as	3458
defined in section 2913.01 of the Revised Code and having been	3459
imprisoned pursuant to sentence for one or more of those theft	3460
offenses, the person commits a subsequent theft offense;	3461

(d) Having been convicted of one or more felony drug abuse	3462
offenses as defined in section 2925.01 of the Revised Code and	3463
having been imprisoned pursuant to sentence for one or more of	3464
those felony drug abuse offenses, the person commits a subsequent	3465
felony drug abuse offense;	3466

(e) Having been convicted of two or more felonies and having	3467
been imprisoned pursuant to sentence for one or more felonies, the	3468
person commits a subsequent offense;	3469

(f) Having been convicted of three or more offenses of any	3470
type or degree other than traffic offenses, alcoholic intoxication	3471
offenses, or minor misdemeanors and having been imprisoned	3472
pursuant to sentence for any such offense, the person commits a	3473
subsequent offense.	3474

(2) "Dangerous offender" means a person who has committed an	3475
offense, whose history, character, and condition reveal a	3476
substantial risk that the person will be a danger to others, and	3477
whose conduct has been characterized by a pattern of repetitive,	3478
compulsive, or aggressive behavior with heedless indifference to	3479
the consequences.	3480

Sec. 2950.01. As used in this chapter, unless the context	3481
clearly requires otherwise:	3482

(A) "Confinement" includes, but is not limited to, a	3483
community residential sanction imposed pursuant to section 2929.16	3484
of the Revised Code.	3485

(B) "Habitual sex offender" means, except when a juvenile	3486
judge removes this classification pursuant to division (A)(2) of	3487
section 2152.84 or division (C)(2) of section 2152.85 of the	3488
Revised Code, a person to whom both of the following apply:	3489

(1) The person is convicted of or pleads guilty to a sexually	3490
oriented offense that is not a registration-exempt sexually	3491
oriented offense, or the person is adjudicated a delinquent child	3492
for committing on or after January 1, 2002, a sexually oriented	3493
offense that is not a registration-exempt sexually oriented	3494
offense, was fourteen years of age or older at the time of	3495
committing the offense, and is classified a juvenile sex offender	3496
registrant based on that adjudication.	3497

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

3498

(a) Regarding a person who is an offender, the person	3499
previously was convicted of or pleaded guilty to one or more	3500
sexually oriented offenses or child-victim oriented offenses or	3501
previously was adjudicated a delinquent child for committing one	3502
or more sexually oriented offenses or child-victim oriented	3503
offenses and was classified a juvenile sex offender registrant or	3504
out-of-state juvenile sex offender registrant based on one or more	3505
of those adjudications, regardless of when the offense was	3506
committed and regardless of the person's age at the time of	3507
committing the offense.	3508

(b) Regarding a delinquent child, the person previously was	3509
convicted of, pleaded guilty to, or was adjudicated a delinquent	3510
child for committing one or more sexually oriented offenses or	3511
child-victim oriented offenses, regardless of when the offense was	3512
committed and regardless of the person's age at the time of	3513
committing the offense.	3514

(C) "Prosecutor" has the same meaning as in section 2935.01	3515
of the Revised Code.	3516

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

3517

(1) Any of the following violations or offenses committed by	3518
a person eighteen years of age or older:	3519

(a) Regardless of the age of the victim of the offense, a	3520
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of	3521
the Revised Code;	3522

(b) Any of the following offenses involving a minor, in the	3523
circumstances specified:	3524

(i) A violation of division (A)(4) of section 2905.01,	3525
2905.02, 2905.03, 2905.05, or section 2907.04 or former section	3526
2905.04, 2907.06, or 2907.08 of the Revised Code, when the victim	3527
of the offense is under eighteen years of age;	3528

(ii) A violation of section 2907.21 of the Revised Code when	3529
the person who is compelled, induced, procured, encouraged,	3530
solicited, requested, or facilitated to engage in, paid or agreed	3531
to be paid for, or allowed to engage in the sexual activity in	3532
question is under eighteen years of age;	3533

(iii) A violation of division (A)(1) or (3) of section	3534
2907.321 or 2907.322 of the Revised Code;	3535

(iv) A violation of division (A)(1) or (2) of section	3536
2907.323 of the Revised Code;	3537

(v) A violation of division (B)(5) of section 2919.22 of the	3538
Revised Code when the child who is involved in the offense is	3539
under eighteen years of age;	3540

(vi) A violation of division (D) or (E) of section 2907.07 of	3541
the Revised Code(A)(1), (2), (3), or (5) of section 2905.01, of	3542
section 2903.211, 2905.02, 2905.03, or 2905.05, or of former	3543
section 2905.04 of the Revised Code, when the victim of the	3544
offense is under eighteen years of age and the offense is	3545
committed with a sexual motivation.	3546

(c) Regardless of the age of the victim of the offense, a	3547
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	3548
Revised Code, or of division (A) of section 2903.04 of the Revised	3549
Code, that is committed with a purpose to gratify the sexual needs	3550
or desires of the offendersexual motivation;	3551

(d) A sexually violent offense;

3552

(e) A violation of section 2907.06 or 2907.08 of the Revised	3553
Code when the victim of the offense is eighteen years of age or	3554
older, or a violation of section 2903.211 of the Revised Code when	3555
the victim of the offense is eighteen years of age or older and	3556
the offense is committed with a sexual motivation;	3557

(f) A violation of any former law of this state, any existing	3558
or former municipal ordinance or law of another state or the	3559
United States, or any existing or former law applicable in a	3560
military court or in an Indian tribal court, or any existing or	3561
former law of any nation other than the United States, that is or	3562
was substantially equivalent to any offense listed in division	3563
(D)(1)(a), (b), (c), or (d), or (e) of this section;	3564

(f)(g) An attempt to commit, conspiracy to commit, or	3565
complicity in committing any offense listed in division (D)(1)(a),	3566
(b), (c), (d), or (e), or (f) of this section.	3567

(2) An act committed by a person under eighteen years of age	3568
that is any of the following:	3569

(a) Subject to division (D)(2)(h)(i) of this section,	3570
regardless of the age of the victim of the violation, a violation	3571
of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised	3572
Code;	3573

(b) Subject to division (D)(2)(h)(i) of this section, any of	3574
the following acts involving a minor in the circumstances	3575
specified:	3576

(i) A violation of division (A)(4) of section 2905.01 or	3577
2905.02section 2907.06 or 2907.08 of the Revised Code, or of	3578
former section 2905.04 of the Revised Code, when the victim of the	3579
violation is under eighteen years of age;	3580

(ii) A violation of section 2907.21 of the Revised Code when	3581
the person who is compelled, induced, procured, encouraged,	3582
solicited, requested, or facilitated to engage in, paid or agreed	3583
to be paid for, or allowed to engage in the sexual activity in	3584
question is under eighteen years of age;	3585

(iii) A violation of division (B)(5) of section 2919.22 of	3586
the Revised Code when the child who is involved in the violation	3587
is under eighteen years of age;	3588

(iv) A violation of division (A)(1), (2), (3), or (5) of	3589
section 2905.01, section 2903.211, or former section 2905.04 of	3590
the Revised Code, when the victim of the violation is under	3591
eighteen years of age and the offense is committed with a sexual	3592
motivation.	3593

(c) Subject to division (D)(2)(h)(i) of this section, any	3594
sexually violent offense that, if committed by an adult, would be	3595
a felony of the first, second, third, or fourth degree;	3596

(d) Subject to division (D)(2)(h)(i) of this section, a	3597
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	3598
2905.02 of the Revised Code, a violation of division (A) of	3599
section 2903.04 of the Revised Code, or an attempt to violate any	3600
of those sections or that division that is committed with a	3601
purpose to gratify the sexual needs or desires of the child	3602
committing the violationsexual motivation;	3603

(e) Subject to division (D)(2)(h)(i) of this section, a	3604
violation of division (A)(1) or (3) of section 2907.321, division	3605
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	3606
section 2907.323 of the Revised Code, or an attempt to violate any	3607
of those divisions, if the person who violates or attempts to	3608
violate the division is four or more years older than the minor	3609
who is the victim of the violation;	3610

(f) Subject to division (D)(2)(i) of this section, a	3611
violation of section 2907.06 or 2907.08 of the Revised Code when	3612
the victim of the violation is eighteen years of age or older, or	3613
a violation of section 2903.211 of the Revised Code when the	3614
victim of the violation is eighteen years of age or older and the	3615
offense is committed with a sexual motivation;	3616

(g) Subject to division (D)(2)(h)(i) of this section, any	3617
violation of any former law of this state, any existing or former	3618
municipal ordinance or law of another state or the United States,	3619
or any existing or former law applicable in a military court or in	3620
an Indian tribal court, or any existing or former law of any	3621
nation other than the United States, that is or was substantially	3622
equivalent to any offense listed in division (D)(2)(a), (b), (c),	3623
(d), or (e), or (f) of this section and that, if committed by an	3624
adult, would be a felony of the first, second, third, or fourth	3625
degree;	3626

(g)(h) Subject to division (D)(2)(h)(i) of this section, any	3627
attempt to commit, conspiracy to commit, or complicity in	3628
committing any offense listed in division (D)(2)(a), (b), (c),	3629
(d), (e), or (f), or (g) of this section;	3630

(h)(i) If the child's case has been transferred for criminal	3631
prosecution under section 2152.12 of the Revised Code, the act is	3632
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	3633
(f), or (g) of this section or would be any offense listed in any	3634
of those divisions if committed by an adult.	3635

(E) "Sexual predator" means a person to whom either of the	3636
following applies:	3637

(1) The person has been convicted of or pleaded guilty to	3638
committing a sexually oriented offense that is not a	3639
registration-exempt sexually oriented offense and is likely to	3640
engage in the future in one or more sexually oriented offenses.	3641

(2) The person has been adjudicated a delinquent child for	3642
committing a sexually oriented offense that is not a	3643
registration-exempt sexually oriented offense, was fourteen years	3644
of age or older at the time of committing the offense, was	3645
classified a juvenile sex offender registrant based on that	3646
adjudication, and is likely to engage in the future in one or more	3647
sexually oriented offenses.	3648

(F) "Supervised release" means a release of an offender from	3649
a prison term, a term of imprisonment, or another type of	3650
confinement that satisfies either of the following conditions:	3651

(1) The release is on parole, a conditional pardon, or	3652
probation, under transitional control, or under a post-release	3653
control sanction, and it requires the person to report to or be	3654
supervised by a parole officer, probation officer, field officer,	3655
or another type of supervising officer.	3656

(2) The release is any type of release that is not described	3657
in division (F)(1) of this section and that requires the person to	3658
report to or be supervised by a probation officer, a parole	3659
officer, a field officer, or another type of supervising officer.	3660

(G) An offender or delinquent child is "adjudicated as being	3661
a sexual predator" or "adjudicated a sexual predator" if any of	3662
the following applies and if, regarding a delinquent child, that	3663
status has not been removed pursuant to section 2152.84, 2152.85,	3664
or 2950.09 of the Revised Code:	3665

(1) The offender is convicted of or pleads guilty to	3666
committing, on or after January 1, 1997, a sexually oriented	3667
offense that is a sexually violent offense and that is not a	3668
registration-exempt sexually oriented offense and also is	3669
convicted of or pleads guilty to a sexually violent predator	3670
specification that was included in the indictment, count in the	3671
indictment, or information that charged the sexually violent	3672
offense.	3673

(2) Regardless of when the sexually oriented offense was	3674
committed, on or after January 1, 1997, the offender is sentenced	3675
for a sexually oriented offense that is not a registration-exempt	3676
sexually oriented offense, and the sentencing judge determines	3677
pursuant to division (B) of section 2950.09 of the Revised Code	3678
that the offender is a sexual predator.	3679

(3) The delinquent child is adjudicated a delinquent child	3680
for committing a sexually oriented offense that is not a	3681
registration-exempt sexually oriented offense, was fourteen years	3682
of age or older at the time of committing the offense, and has	3683
been classified a juvenile sex offender registrant based on that	3684
adjudication, and the adjudicating judge or that judge's successor	3685
in office determines pursuant to division (B) of section 2950.09	3686
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	3687
the Revised Code that the delinquent child is a sexual predator.	3688

(4) Prior to January 1, 1997, the offender was convicted of	3689
or pleaded guilty to, and was sentenced for, a sexually oriented	3690
offense that is not a registration-exempt sexually oriented	3691
offense, the offender is imprisoned in a state correctional	3692
institution on or after January 1, 1997, and the court determines	3693
pursuant to division (C) of section 2950.09 of the Revised Code	3694
that the offender is a sexual predator.	3695

(5) Regardless of when the sexually oriented offense was	3696
committed, the offender or delinquent child is convicted of or	3697
pleads guilty to, has been convicted of or pleaded guilty to, or	3698
is adjudicated a delinquent child for committing a sexually	3699
oriented offense that is not a registration-exempt sexually	3700
oriented offense in another state or, in a federal court, military	3701
court, or an Indian tribal court, or in a court in any nation	3702
other than the United States, as a result of that conviction, plea	3703
of guilty, or adjudication, the offender or delinquent child is	3704
required, under the law of the jurisdiction in which the offender	3705
was convicted or pleaded guilty or the delinquent child was	3706
adjudicated, to register as a sex offender until the offender's or	3707
delinquent child's death and to verify the offender's or	3708
delinquent child's address on at least a quarterly basis each	3709
year, and, on or after July 1, 1997, for offenders or January 1,	3710
2002, for delinquent children, the offender or delinquent child	3711
moves to and resides in this state or temporarily is domiciled in	3712
this state for more than sevenfive days or the offender is	3713
required under section 2950.04 of the Revised Code to register a	3714
school, institution of higher education, or place of employment	3715
address in this state, unless a court of common pleas or juvenile	3716
court determines that the offender or delinquent child is not a	3717
sexual predator pursuant to division (F) of section 2950.09 of the	3718
Revised Code.	3719

(H) "Sexually violent predator specification," and "sexually	3720
violent offense," "sexual motivation," and "violent sex offense"	3721
have the same meanings as in section 2971.01 of the Revised Code.	3722

(I) "Post-release control sanction" and "transitional	3723
control" have the same meanings as in section 2967.01 of the	3724
Revised Code.	3725

(J) "Juvenile sex offender registrant" means a person who is	3726
adjudicated a delinquent child for committing on or after January	3727
1, 2002, a sexually oriented offense that is not a	3728
registration-exempt sexually oriented offense or a child-victim	3729
oriented offense, who is fourteen years of age or older at the	3730
time of committing the offense, and who a juvenile court judge,	3731
pursuant to an order issued under section 2152.82, 2152.83,	3732
2152.84, or 2152.85 of the Revised Code, classifies a juvenile sex	3733
offender registrant and specifies has a duty to register under	3734
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	3735
Revised Code if the child committed a sexually oriented offense or	3736
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	3737
if the child committed a child-victim oriented offense. "Juvenile	3738
offender registrant" includes a person who, prior to the effective	3739
date of this amendment, was a "juvenile sex offender registrant"	3740
under the former definition of that former term.	3741

(K) "Secure facility" means any facility that is designed and	3742
operated to ensure that all of its entrances and exits are locked	3743
and under the exclusive control of its staff and to ensure that,	3744
because of that exclusive control, no person who is	3745
institutionalized or confined in the facility may leave the	3746
facility without permission or supervision.	3747

(L) "Out-of-state juvenile sex offender registrant" means a	3748
person who is adjudicated a delinquent child for committing a	3749
sexually oriented offense in a court in another state or, in a	3750
federal court, military court, or Indian tribal court, or in a	3751
court in any nation other than the United States for committing a	3752
sexually oriented offense that is not a registration-exempt	3753
sexually oriented offense or a child-victim oriented offense, who	3754
on or after January 1, 2002, moves to and resides in this state or	3755
temporarily is domiciled in this state for more than sevenfive	3756
days, and who has a duty under section 2950.04 of the Revised Code	3757
has a duty to register in this state as described in that section	3758
and the duty to otherwise comply with that section and sections	3759
2950.05 and 2950.06 of the Revised Code if the child committed a	3760
sexually oriented offense or has a duty under section 2950.041 of	3761
the Revised Code to register in this state and the duty to	3762
otherwise comply with that section and sections 2950.05 and	3763
2950.06 of the Revised Code if the child committed a child-victim	3764
oriented offense. "Out-of-state juvenile offender registrant"	3765
includes a person who, prior to the effective date of this	3766
amendment, was an "out-of-state juvenile sex offender registrant"	3767
under the former definition of that former term.	3768

(M) "Juvenile court judge" includes a magistrate to whom the	3769
juvenile court judge confers duties pursuant to division (A)(15)	3770
of section 2151.23 of the Revised Code.	3771

(N) "Adjudicated a delinquent child for committing a sexually	3772
oriented offense" includes a child who receives a serious youthful	3773
offender dispositional sentence under section 2152.13 of the	3774
Revised Code for committing a sexually oriented offense.	3775

(O) "Aggravated sexually oriented offense" means a violation	3776
of division (A)(1)(b) of section 2907.02 of the Revised Code	3777
committed on or after June 13, 2002, or a violation of division	3778
(A)(2) of that section committed on or after the effective date of	3779
this amendment.	3780

(P)(1) "Presumptive registration-exempt sexually oriented	3781
offense" means any of the following sexually oriented offenses	3782
described in division (P)(1)(a), (b), (c), (d), or (e) of this	3783
section, when the offense is committed by a person who previously	3784
has not been convicted of, pleaded guilty to, or adjudicated a	3785
delinquent child for committing any sexually oriented offense	3786
described in division (P)(1)(a), (b), (c), (d), or (e) of this	3787
section, any other sexually oriented offense, or any child-victim	3788
oriented offense and when the victim or intended victim of the	3789
offense is eighteen years of age or older:	3790

(a) Any sexually oriented offense listed in division	3791
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	3792
is eighteen years of age or older or, subject to division	3793
(P)(1)(e) of this section, committed by a person who is under	3794
eighteen years of age;	3795

(b) Any violation of any former law of this state, any	3796
existing or former municipal ordinance or law of another state or	3797
the United States, any existing or former law applicable in a	3798
military court or in an Indian tribal court, or any existing or	3799
former law of any nation other than the United States that is	3800
committed by a person who is eighteen years of age or older and	3801
that is or was substantially equivalent to any sexually oriented	3802
offense listed in division (P)(1)(a) of this section;	3803

(c) Subject to division (P)(1)(e) of this section, any	3804
violation of any former law of this state, any existing or former	3805
municipal ordinance or law of another state or the United States,	3806
any existing or former law applicable in a military court or in an	3807
Indian tribal court, or any existing or former law of any nation	3808
other than the United States that is committed by a person who is	3809
under eighteen years of age, that is or was substantially	3810
equivalent to any sexually oriented offense listed in division	3811
(P)(1)(a) of this section, and that would be a felony of the	3812
fourth degree if committed by an adult;	3813

(d) Any attempt to commit, conspiracy to commit, or	3814
complicity in committing any offense listed in division (P)(1)(a)	3815
or (b) of this section if the person is eighteen years of age or	3816
older or, subject to division (P)(1)(e) of this section, listed in	3817
division (P)(1)(a) or (c) of this section if the person is under	3818
eighteen years of age.	3819

(e) Regarding an act committed by a person under eighteen	3820
years of age, if the child's case has been transferred for	3821
criminal prosecution under section 2152.12 of the Revised Code,	3822
the act is any sexually oriented offense listed in division	3823
(P)(1)(a), (b), or (d) of this section.	3824

(2) "Presumptive registration-exempt sexually oriented	3825
offense" does not include any sexually oriented offense described	3826
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	3827
is committed by a person who previously has been convicted of,	3828
pleaded guilty to, or adjudicated a delinquent child for	3829
committing any sexually oriented offense described in division	3830
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	3831
sexually oriented offense.	3832

(Q)(1) "Registration-exempt sexually oriented offense" means	3833
any presumptive registration-exempt sexually oriented offense, if	3834
a court does not issue an order under section 2950.021 of the	3835
Revised Code that removes the presumptive exemption and subjects	3836
the offender who was convicted of or pleaded guilty to the offense	3837
to registration under section 2950.04 of the Revised Code and all	3838
other duties and responsibilities generally imposed under this	3839
chapter upon persons who are convicted of or plead guilty to any	3840
sexually oriented offense other than a presumptive	3841
registration-exempt sexually oriented offense or that removes the	3842
presumptive exemption and potentially subjects the child who was	3843
adjudicated a delinquent child for committing the offense to	3844
classification as a juvenile offender registrant under sections	3845
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	3846
registration under section 2950.04 of the Revised Code and all	3847
other duties and responsibilities generally imposed under this	3848
chapter upon persons who are adjudicated delinquent children for	3849
committing a sexually oriented offense other than a presumptive	3850
registration-exempt sexually oriented offense.	3851

(2) "Registration-exempt sexually oriented offense" does not	3852
include a presumptive registration-exempt sexually oriented	3853
offense if a court issues an order under section 2950.021 of the	3854
Revised Code that removes the presumptive exemption and subjects	3855
the offender or potentially subjects the delinquent child to the	3856
duties and responsibilities described in division (Q)(1) of this	3857
section.	3858

(R) "School" and "school premises" have the same meanings as	3859
in section 2925.01 of the Revised Code.	3860

(S)(1) "Child-victim oriented offense" means any of the	3861
following:	3862

(a) Subject to division (S)(2) of this section, any of the	3863
following violations or offenses committed by a person eighteen	3864
years of age or older, when the victim of the violation is under	3865
eighteen years of age and is not a child of the person who commits	3866
the violation:	3867

(i) A violation of division (A)(1), (2), (3), or (5) of	3868
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	3869
former section 2905.04 of the Revised Code;	3870

(ii) A violation of any former law of this state, any	3871
existing or former municipal ordinance or law of another state or	3872
the United States, any existing or former law applicable in a	3873
military court or in an Indian tribal court, or any existing or	3874
former law of any nation other than the United States, that is or	3875
was substantially equivalent to any offense listed in division	3876
(S)(1)(a)(i) of this section;	3877

(iii) An attempt to commit, conspiracy to commit, or	3878
complicity in committing any offense listed in division	3879
(S)(1)(a)(i) or (ii) of this section.	3880

(b) Subject to division (S)(2) of this section, an act	3881
committed by a person under eighteen years of age that is any of	3882
the following, when the victim of the violation is under eighteen	3883
years of age and is not a child of the person who commits the	3884
violation:	3885

(i) Subject to division (S)(1)(b)(iv) of this section, a	3886
violation of division (A)(1), (2), (3), or (5) of section 2905.01	3887
or of former section 2905.04 of the Revised Code;	3888

(ii) Subject to division (S)(1)(b)(iv) of this section, any	3889
violation of any former law of this state, any existing or former	3890
municipal ordinance or law of another state or the United States,	3891
any existing or former law applicable in a military court or in an	3892
Indian tribal court, or any existing or former law of any nation	3893
other than the United States, that is or was substantially	3894
equivalent to any offense listed in division (S)(1)(b)(i) of this	3895
section and that, if committed by an adult, would be a felony of	3896
the first, second, third, or fourth degree;	3897

(iii) Subject to division (S)(1)(b)(iv) of this section, any	3898
attempt to commit, conspiracy to commit, or complicity in	3899
committing any offense listed in division (S)(1)(b)(i) or (ii) of	3900
this section;	3901

(iv) If the child's case has been transferred for criminal	3902
prosecution under section 2152.12 of the Revised Code, the act is	3903
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	3904
this section or would be any offense listed in any of those	3905
divisions if committed by an adult.	3906

(2) "Child-victim oriented offense" does not include any	3907
offense identified in division (S)(1)(a) or (b) of this section	3908
that is a sexually violent offense. An offense identified in	3909
division (S)(1)(a) or (b) of this section that is a sexually	3910
violent offense is within the definition of a sexually oriented	3911
offense.	3912

(T)(1) "Habitual child-victim offender" means, except when a	3913
juvenile judge removes this classification pursuant to division	3914
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	3915
the Revised Code, a person to whom both of the following apply:	3916

(a) The person is convicted of or pleads guilty to a	3917
child-victim oriented offense, or the person is adjudicated a	3918
delinquent child for committing on or after January 1, 2002, a	3919
child-victim oriented offense, was fourteen years of age or older	3920
at the time of committing the offense, and is classified a	3921
juvenile offender registrant based on that adjudication.	3922

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

3923

(i) Regarding a person who is an offender, the person	3924
previously was convicted of or pleaded guilty to one or more	3925
child-victim oriented offenses or previously was adjudicated a	3926
delinquent child for committing one or more child-victim oriented	3927
offenses and was classified a juvenile offender registrant or	3928
out-of-state juvenile offender registrant based on one or more of	3929
those adjudications, regardless of when the offense was committed	3930
and regardless of the person's age at the time of committing the	3931
offense.	3932

(ii) Regarding a delinquent child, the person previously was	3933
convicted of, pleaded guilty to, or was adjudicated a delinquent	3934
child for committing one or more child-victim oriented offenses,	3935
regardless of when the offense was committed and regardless of the	3936
person's age at the time of committing the offense.	3937

(2) "Habitual child-victim offender" includes a person who	3938
has been convicted of, pleaded guilty to, or adjudicated a	3939
delinquent child for committing, a child-victim oriented offense	3940
and who, on and after the effective date of this amendment, is	3941
automatically classified a habitual child-victim offender pursuant	3942
to division (E) of section 2950.091 of the Revised Code.	3943

(U) "Child-victim predator" means a person to whom either of	3944
the following applies:	3945

(1) The person has been convicted of or pleaded guilty to	3946
committing a child-victim oriented offense and is likely to engage	3947
in the future in one or more child-victim oriented offenses.	3948

(2) The person has been adjudicated a delinquent child for	3949
committing a child-victim oriented offense, was fourteen years of	3950
age or older at the time of committing the offense, was classified	3951
a juvenile offender registrant based on that adjudication, and is	3952
likely to engage in the future in one or more child-victim	3953
oriented offenses.	3954

(V) An offender or delinquent child is "adjudicated as being	3955
a child-victim predator" or "adjudicated a child-victim predator"	3956
if any of the following applies and if, regarding a delinquent	3957
child, that status has not been removed pursuant to section	3958
2152.84, 2152.85, or 2950.09 of the Revised Code:	3959

(1) The offender or delinquent child has been convicted of,	3960
pleaded guilty to, or adjudicated a delinquent child for	3961
committing, a child-victim oriented offense and, on and after the	3962
effective date of this amendment, is automatically classified a	3963
child-victim predator pursuant to division (A) of section 2950.091	3964
of the Revised Code.	3965

(2) Regardless of when the child-victim oriented offense was	3966
committed, on or after the effective date of this amendment, the	3967
offender is sentenced for a child-victim oriented offense, and the	3968
sentencing judge determines pursuant to division (B) of section	3969
2950.091 of the Revived Code that the offender is a child-victim	3970
predator.	3971

(3) The delinquent child is adjudicated a delinquent child	3972
for committing a child-victim oriented offense, was fourteen years	3973
of age or older at the time of committing the offense, and has	3974
been classified a juvenile offender registrant based on that	3975
adjudication, and the adjudicating judge or that judge's successor	3976
in office determines pursuant to division (B) of section 2950.09	3977
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	3978
the Revised Code that the delinquent child is a child-victim	3979
predator.	3980

(4) Prior to the effective date of this section, the offender	3981
was convicted of or pleaded guilty to a child-victim oriented	3982
offense, at the time of the conviction or guilty plea, the offense	3983
was considered a sexually oriented offense, on or after the	3984
effective date of this amendment, the offender is serving a term	3985
of imprisonment in a state correctional institution, and the court	3986
determines pursuant to division (C) of section 2950.091 of the	3987
Revised Code that the offender is a child-victim predator.	3988

(5) Regardless of when the child-victim oriented offense was	3989
committed, the offender or delinquent child is convicted, pleads	3990
guilty, has been convicted, pleaded guilty, or adjudicated a	3991
delinquent child in a court in another state, in a federal court,	3992
military court, or Indian tribal court, or in a court in any	3993
nation other than the United States for committing a child-victim	3994
oriented offense, as a result of that conviction, plea of guilty,	3995
or adjudication, the offender or delinquent child is required	3996
under the law of the jurisdiction in which the offender was	3997
convicted or pleaded guilty or the delinquent child was	3998
adjudicated, to register as a child-victim offender or sex	3999
offender until the offender's or delinquent child's death, and, on	4000
or after July 1, 1997, for offenders or January 1, 2002, for	4001
delinquent children the offender or delinquent child moves to and	4002
resides in this state or temporarily is domiciled in this state	4003
for more than five days or the offender is required under section	4004
2950.041 of the Revised Code to register a school, institution of	4005
higher education, or place of employment address in this state,	4006
unless a court of common pleas or juvenile court determines that	4007
the offender or delinquent child is not a child-victim predator	4008
pursuant to division (F) of section 2950.091 of the Revised Code.	4009

(W) "Residential premises" means the building in which a	4010
residential unit is located and the grounds upon which that	4011
building stands, extending to the perimeter of the property.	4012
"Residential premises" includes any type of structure in which a	4013
residential unit is located, including, but not limited to,	4014
multi-unit buildings and mobile and manufactured homes.	4015

(X) "Residential unit" means a dwelling unit for residential	4016
use and occupancy, and includes the structure or part of a	4017
structure that is used as a home, residence, or sleeping place by	4018
one person who maintains a household or two or more persons who	4019
maintain a common household.	4020

(Y) "Multi-unit building" means a building in which is	4021
located more than twelve residential units that have entry doors	4022
that open directly into the unit from a hallway that is shared	4023
with one or more other units. A residential unit is not considered	4024
located in a multi-unit building if the unit does not have an	4025
entry door that opens directly into the unit from a hallway that	4026
is shared with one or more other units or if the unit is in a	4027
building that is not a multi-unit building as described in this	4028
division.	4029

Sec. 2950.02.  (A) The general assembly hereby determines and	4030
declares that it recognizes and finds all of the following:	4031

(1) If the public is provided adequate notice and information	4032
about sexual predators, habitual sex offenders, and certain other	4033
offenders and delinquent children who commit sexually oriented	4034
offenses that are not registration-exempt sexually oriented	4035
offenses or who commit child-victim oriented offenses, members of	4036
the public and communities can develop constructive plans to	4037
prepare themselves and their children for the sexual predator's,	4038
habitual sex offender's, or other offender's or delinquent child's	4039
release from imprisonment, a prison term, or other confinement or	4040
detention. This allows members of the public and communities to	4041
meet with members of law enforcement agencies to prepare and	4042
obtain information about the rights and responsibilities of the	4043
public and the communities and to provide education and counseling	4044
to their children.	4045

(2) Sexual predators and habitual sexSex offenders and	4046
offenders who commit child-victim oriented offenses pose a high	4047
risk of engaging in further offensessexually abusive behavior	4048
even after being released from imprisonment, a prison term, or	4049
other confinement or detention, and that protection of members of	4050
the public from sexual predators and habitual sex offenders and	4051
offenders who commit child-victim oriented offenses is a paramount	4052
governmental interest.	4053

(3) The penal, juvenile, and mental health components of the	4054
justice system of this state are largely hidden from public view,	4055
and a lack of information from any component may result in the	4056
failure of the system to satisfy this paramount governmental	4057
interest of public safety described in division (A)(2) of this	4058
section.	4059

(4) Overly restrictive confidentiality and liability laws	4060
governing the release of information about sexual predators and	4061
habitual sex offenders and offenders who commit child-victim	4062
oriented offenses have reduced the willingness to release	4063
information that could be appropriately released under the public	4064
disclosure laws and have increased risks of public safety.	4065

(5) A person who is found to be a sexual predator or a	4066
habitual sex offender or to have committed a child-victim oriented	4067
offense has a reduced expectation of privacy because of the	4068
public's interest in public safety and in the effective operation	4069
of government.	4070

(6) The release of information about sexual predators and	4071
habitual sex offenders and offenders who commit child-victim	4072
oriented offenses to public agencies and the general public will	4073
further the governmental interests of public safety and public	4074
scrutiny of the criminal, juvenile, and mental health systems as	4075
long as the information released is rationally related to the	4076
furtherance of those goals.	4077

(B) The general assembly hereby declares that, in providing	4078
in this chapter for registration regarding sexual predators,	4079
habitual sex offenders, and offenders and certain delinquent	4080
children who have committed sexually oriented offenses that are	4081
not registration-exempt sexually oriented offenses or who have	4082
committed child-victim oriented offenses and for community	4083
notification regarding sexual predators and, child-victim	4084
predators, habitual sex offenders, and habitual child-victim	4085
offenders who are about to be or have been released from	4086
imprisonment, a prison term, or other confinement or detention and	4087
who will live in or near a particular neighborhood or who	4088
otherwise will live in or near a particular neighborhood, it is	4089
the general assembly's intent to protect the safety and general	4090
welfare of the people of this state. The general assembly further	4091
declares that it is the policy of this state to require the	4092
exchange in accordance with this chapter of relevant information	4093
about sexual predators and habitual sex offenders and offenders	4094
who commit child-victim oriented offenses among public agencies	4095
and officials and to authorize the release in accordance with this	4096
chapter of necessary and relevant information about sexual	4097
predators and habitual sex offenders and offenders who commit	4098
child-victim oriented offenses to members of the general public as	4099
a means of assuring public protection and that the exchange or	4100
release of that information is not punitive.	4101

Sec. 2950.021. (A) If an offender is convicted of or pleads	4102
guilty to, or a child is adjudicated a delinquent child for	4103
committing, any presumptive registration-exempt sexually oriented	4104
offense, the court that is imposing sentence on the offender for	4105
that offense or the juvenile court that is making the disposition	4106
of the delinquent child for that offense may determine, prior to	4107
imposing the sentence or making the disposition, that the offender	4108
should be subjected to registration under section 2950.04 of the	4109
Revised Code and all other duties and responsibilities generally	4110
imposed under this chapter upon persons who are convicted of or	4111
plead guilty to any sexually oriented offense other than a	4112
presumptive registration-exempt sexually oriented offense or that	4113
the child potentially should be subjected to classification as a	4114
juvenile offender registrant under sections 2152.82, 2152.83,	4115
2152.84, or 2152.85 of the Revised Code and to registration under	4116
section 2950.04 of the Revised Code and all other duties and	4117
responsibilities generally imposed under this chapter upon persons	4118
who are adjudicated delinquent children for committing a sexually	4119
oriented offense other than a presumptive registration-exempt	4120
sexually oriented offense. The court may make a determination as	4121
described in this division without a hearing but may conduct a	4122
hearing on the matter. In making a determination under this	4123
division, the court shall consider all relevant factors,	4124
including, but not limited to, public safety, the interests of	4125
justice, and the determinations, findings, and declarations of the	4126
general assembly regarding sex offenders and child-victim	4127
offenders that are set forth in section 2950.02 of the Revised	4128
Code.	4129

(B) If a court determines under division (A) of this section	4130
that an offender who has been convicted of or pleaded guilty to a	4131
presumptive registration-exempt sexually oriented offense should	4132
be subjected to registration under section 2950.04 of the Revised	4133
Code and all other duties and responsibilities generally imposed	4134
under this chapter upon persons who are convicted of or plead	4135
guilty to any sexually oriented offense other than a presumptive	4136
registration-exempt sexually oriented offense or that a delinquent	4137
child potentially should be subjected to classification as a	4138
juvenile offender registrant under sections 2152.82, 2152.83,	4139
2152.84, or 2152.85 of the Revised Code and to registration under	4140
section 2950.04 of the Revised Code and all other duties and	4141
responsibilities generally imposed under this chapter upon persons	4142
who are adjudicated delinquent children for committing a sexually	4143
oriented offense other than a presumptive registration-exempt	4144
sexually oriented offense, all of the following apply:	4145

(1) The court shall issue an order that contains its	4146
determination and that removes the presumptive exemption from	4147
registration for the sexually oriented offense, shall include the	4148
order in the offender's sentence or in the delinquent child's	4149
dispositional order, and shall enter the order in the record in	4150
the case.	4151

(2) Regarding an offender, the presumptive exemption from	4152
registration is terminated, and the offender is subject to	4153
registration under section 2950.04 of the Revised Code and all	4154
other duties and responsibilities generally imposed under this	4155
chapter upon persons who are convicted of or plead guilty to any	4156
sexually oriented offense other than a presumptive	4157
registration-exempt sexually oriented offense.	4158

(3) Regarding a delinquent child, the presumptive exemption	4159
from registration is terminated, the delinquent child is	4160
potentially subject to classification as a juvenile offender	4161
registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of	4162
the Revised Code and to registration under section 2950.04 of the	4163
Revised Code and all other duties and responsibilities generally	4164
imposed under this chapter upon persons who are adjudicated	4165
delinquent children for committing a sexually oriented offense	4166
other than a presumptive registration-exempt sexually oriented	4167
offense, and the juvenile court shall proceed as required and may	4168
proceed as authorized under section 2152.82, 2152.83, 2152.84, or	4169
2152.85 of the Revised Code regarding the child in the same manner	4170
as for persons who are adjudicated delinquent children for	4171
committing a sexually oriented offense other than a presumptive	4172
registration-exempt sexually oriented offense.	4173

Sec. 2950.03. (A) Each person who has been convicted of, is	4174
convicted of, has pleaded guilty to, or pleads guilty to a	4175
sexually oriented offense that is not a registration-exempt	4176
sexually oriented offense and who has a duty to register pursuant	4177
to section 2950.04 of the Revised Code, and each person who is	4178
adjudicated a delinquent child for committing a sexually oriented	4179
offense that is not a registration-exempt sexually oriented	4180
offense and who is classified pursuant to section 2152.82 or	4181
division (A) of section 2152.83 of the Revised Code a juvenile sex	4182
offender registrant based on that adjudication, each person who	4183
has been convicted of, is convicted of, has pleaded guilty to, or	4184
pleads guilty to a child-victim oriented offense and has a duty to	4185
register pursuant to section 2950.041 of the Revised Code, and	4186
each person who is adjudicated a delinquent child for committing a	4187
child-victim oriented offense and who is classified a juvenile	4188
offender registrant based on that adjudication shall be provided	4189
notice in accordance with this section of the offender's or	4190
delinquent child's duty to register under sectionduties imposed	4191
under sections 2950.04 of the Revised Code, the offender's or	4192
delinquent child's duty to provide notice of any change in the	4193
offender's or delinquent child's residence address and to register	4194
the new residence address pursuant to section, 2950.041, 2950.05	4195
of the Revised Code, and the offender's or delinquent child's duty	4196
to periodically verify the offender's or delinquent child's	4197
residence address pursuant to section, and 2950.06 of the Revised	4198
Code and of the offender's duties to similarly register, provide	4199
notice of a change, and verify addresses in another state if the	4200
offender resides, is temporarily domiciled, attends a school or	4201
institution of higher education, or is employed in a state other	4202
than this state. A person who has been convicted of, is convicted	4203
of, has pleaded guilty to, or pleads guilty to a sexually oriented	4204
offense that is a registration-exempt sexually oriented offense,	4205
and a person who is or has been adjudicated a delinquent child for	4206
committing a sexually oriented offense that is a	4207
registration-exempt sexually oriented offense, does not have a	4208
duty to register under section 2950.04 of the Revised Code based	4209
on that conviction, guilty plea, or adjudication, and no notice is	4210
required to be provided to that person under this division based	4211
on that conviction, guilty plea, or adjudication. The following	4212
official shall provide the notice required under this division to	4213
the offender or delinquent childspecified person at the following	4214
time:	4215

(1) Regardless of when the offenderperson committed the	4216
sexually oriented offense or child-victim oriented offense, if the	4217
person is an offender who is sentenced for the sexually oriented	4218
offense or child-victim oriented offense to a prison term, a term	4219
of imprisonment, or any other type of confinement, and if, on or	4220
after January 1, 1997, the offender is serving that term or is	4221
under that confinement, the official in charge of the jail,	4222
workhouse, state correctional institution, or other institution in	4223
which the offender serves the prison term, term of imprisonment,	4224
or confinement, or a designee of that official, shall provide the	4225
notice to the offender before the offender is released pursuant to	4226
any type of supervised release or before the offender otherwise is	4227
released from the prison term, term of imprisonment, or	4228
confinement. This division applies to a child-victim oriented	4229
offense if the offender is sentenced for the offense on or after	4230
the effective date of this amendment or if, prior to the effective	4231
date of this amendment, the child-victim oriented offense was a	4232
sexually oriented offense and the offender was sentenced as	4233
described in this division for the child-victim oriented offense	4234
when it was designated a sexually oriented offense. If a person	4235
was provided notice under this division prior to the effective	4236
date of this amendment in relation to an offense that, prior to	4237
the effective date of this amendment, was a sexually oriented	4238
offense but that, on and after the effective date of this	4239
amendment, is a child-victim oriented offense, the notice provided	4240
under this division shall suffice for purposes of this section as	4241
notice to the offender of the offender's duties under sections	4242
2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a	4243
result of the conviction of or plea of guilty to the child-victim	4244
oriented offense.	4245

(2) Regardless of when the offenderperson committed the	4246
sexually oriented offense or child-victim oriented offense, if the	4247
person is an offender who is sentenced for the sexually oriented	4248
offense on or after January 1, 1997, or who is sentenced for the	4249
child-victim oriented offense on or after the effective date of	4250
this amendment and if division (A)(1) of this section does not	4251
apply, the judge shall provide the notice to the offender at the	4252
time of sentencing. If a person was provided notice under this	4253
division prior to the effective date of this amendment in relation	4254
to an offense that, prior to the effective date of this amendment,	4255
was a sexually oriented offense but that, on and after the	4256
effective date of this amendment, is a child-victim oriented	4257
offense, the notice so provided under this division shall suffice	4258
for purposes of this section as notice to the offender of the	4259
offender's duties under sections 2950.041, 2950.05, and 2950.06 of	4260
the Revised Code imposed as a result of the conviction of or plea	4261
of guilty to the child-victim oriented offense.	4262

(3) If the person is an offender who committed the sexually	4263
oriented offense prior to January 1, 1997, if neither division	4264
(A)(1) nor division (A)(2) of this section applies, and if,	4265
immediately prior to January 1, 1997, the offender was a habitual	4266
sex offender who was required to register under Chapter 2950. of	4267
the Revised Code, the chief of police or sheriff with whom the	4268
offender most recently registered under that chapter, in the	4269
circumstances described in this division, shall provide the notice	4270
to the offender. If the offender has registered with a chief of	4271
police or sheriff under Chapter 2950. of the Revised Code as it	4272
existed prior to January 1, 1997, the chief of police or sheriff	4273
with whom the offender most recently registered shall provide the	4274
notice to the offender as soon as possible after January 1, 1997,	4275
as described in division (B)(1) of this section. If the offender	4276
has not registered with a chief of police or sheriff under that	4277
chapter, the failure to register shall constitute a waiver by the	4278
offender of any right to notice under this section. If an offender	4279
described in this division does not receive notice under this	4280
section, the offender is not relieved of the duty to register, the	4281
duty to provide notice of any change in residence address and to	4282
register the new residence address, and the duty to periodically	4283
verify the residence address, as described in division (A) of this	4284
sectionoffender's duties imposed under sections 2950.04, 2950.05,	4285
and 2950.06 of the Revised Code.	4286

(4) If the person is an offender of the type described in	4287
division (A)(1) of this section and if, subsequent to release, the	4288
offender is adjudicated as being a sexual predator pursuant to	4289
division (C) of section 2950.09 of the Revised Code or a	4290
child-victim predator pursuant to division (C) of section 2950.091	4291
of the Revised Code, the judge shall provide the notice to the	4292
offender at the time of adjudication.	4293

(5) If the person is a delinquent child who is classified	4294
pursuant to section 2152.82 or division (A) of section 2152.83 of	4295
the Revised Code a juvenile sex offender registrant, the judge	4296
shall provide the notice to the delinquent child at the time of	4297
the classificationspecified in division (B) of section 2152.82,	4298
division (D) of section 2152.83, division (C) of section 2152.84,	4299
or division (E) of section 2152.85 of the Revised Code, whichever	4300
is applicable. If a delinquent child was provided notice under	4301
this division prior to the effective date of this amendment in	4302
relation to an offense that, prior to the effective date of this	4303
amendment, was a sexually oriented offense but that, on and after	4304
the effective date of this amendment, is a child-victim oriented	4305
offense, the notice so provided under this division shall suffice	4306
for purposes of this section as notice to the delinquent child of	4307
the delinquent child's duties under sections 2950.041, 2950.05,	4308
and 2950.06 of the Revised Code imposed as a result of the	4309
adjudication as a delinquent child for the child-victim oriented	4310
offense.	4311

(6) If the person is an offender in any category described in	4312
division (A)(1), (2), (3), or (4) of this section and if, prior to	4313
the effective date of this amendment, the offender was provided	4314
notice of the offender's duties in accordance with that division,	4315
not later than ninety days after the effective date of this	4316
amendment, the sheriff with whom the offender most recently	4317
registered or verified an address under section 2950.04, 2950.041,	4318
2950.05, or 2950.06 of the Revised Code shall provide notice to	4319
the offender of the offender's duties imposed on and after the	4320
effective date of this amendment pursuant to any of those sections	4321
to register a school, institution of higher education, or place of	4322
employment address, provide notice of a change of that address,	4323
and verify that address. The sheriff may provide the notice to the	4324
offender at the time the offender registers, provides notice of a	4325
change in, or verifies a residence, school, institution of higher	4326
education, or place of employment address under any of those	4327
sections within the specified ninety-day period. If the offender	4328
does not so register, provide notice of a change in, or verify an	4329
address within the specified ninety-day period, the sheriff shall	4330
provide the notice to the offender by sending it to the offender	4331
at the most recent residence address available for the offender.	4332
If the offender was required to register prior to the effective	4333
date of this amendment and failed to do so, the failure to	4334
register constitutes a waiver by the offender of any right to	4335
notice under this division. If the offender has not registered	4336
prior to the effective date of this amendment, the offender is	4337
presumed to have knowledge of the law and of the duties referred	4338
to in this division that are imposed on and after the effective	4339
date of this amendment. If an offender does not receive notice	4340
under this division, the offender is not relieved of any of the	4341
duties described in this division.	4342

(7) If the person is an offender or delinquent child who has	4343
a duty to register in this state pursuant to division (A)(3) of	4344
section 2950.04 or 2950.041 of the Revised Code, the offender or	4345
delinquent child is presumed to have knowledge of the law and of	4346
the offender's or delinquent child's duties imposed under sections	4347
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	4348

(B)(1) The notice provided under division (A) of this section	4349
shall inform the offender or delinquent child of the offender's or	4350
delinquent child's duty to register under section 2950.04 of the	4351
Revised Code, to notify the appropriate officialsprovide notice	4352
of a change in the offender's or delinquent child's residence	4353
address or in the offender's school, institution of higher	4354
education, or place of employment address, as applicable, and to	4355
register the new residence address in accordance with section	4356
2950.05 of the Revised Code, and to periodically verify athe	4357
offender's or delinquent child's residence address under section	4358
or the offender's school, institution of higher education, or	4359
place of employment address, as applicable, and, if applicable, to	4360
provide notice of the offender's or delinquent child's intent to	4361
reside, pursuant to sections 2950.04, 2950.041, 2950.05, and	4362
2950.06 of the Revised Code. The notice shall specify that, for an	4363
offender, it applies regarding residence addresses or school,	4364
institution of higher education, and place of employment addresses	4365
and that, for a delinquent child, it applies regarding residence	4366
addresses. Additionally, it shall inform the offender of the	4367
offender's duties to similarly register, provide notice of a	4368
change in, and verify those addresses in states other than this	4369
state as described in division (A) of this section. A notice	4370
provided under division (A)(6) of this section shall state the new	4371
duties imposed on the offender on and after the effective date of	4372
this amendment to register, provide notice of a change in, and	4373
periodically verify, a school, institution of higher education, or	4374
place of employment address and specify that the new duties are in	4375
addition to the prior duties imposed upon the offender. A notice	4376
provided under division (A)(1), (2), (3), (4), or (5) of this	4377
section shall comport with the following:	4378

(a) If the notice is provided to an offender under division	4379
(A)(3) of this section, the notice shall be on a form that is	4380
prescribed by the bureau of criminal identification and	4381
investigation and that statesstate the offender's duties to	4382
register, to file a notice of intent to reside, if applicable, to	4383
register a new residence address or new school, institution of	4384
higher education, or place of employment address, and to	4385
periodically verify a residence addressthose addresses, the	4386
offender's duties in other states as described in division (A) of	4387
this section, and that, if the offender has any questions	4388
concerning these duties, the offender may contact the chief of	4389
police or sheriff who sent the form for an explanation of the	4390
duties. If the offender appears in person before the chief of	4391
police or sheriff, the chief or sheriff shall provide the notice	4392
as described in division (B)(1)(a) of this section, and all	4393
provisions of this section that apply regarding a notice provided	4394
by an official, official's designee, or judge in that manner shall	4395
be applicable.	4396

(b) If the notice is provided to an offender under division	4397
(A)(1), (2), or (4) of this section, the official, official's	4398
designee, or judge shall require the offender to read and sign a	4399
form prescribed by the bureau of criminal identification and	4400
investigation, stating that the offender's duties to register, to	4401
file a notice of intent to reside, if applicable, to register a	4402
new residence address or new school, institution of higher	4403
education, or place of employment address, and to periodically	4404
verify a residence addressthose addresses, and the offender's	4405
duties in other states as described in division (A) of this	4406
section have been explained to the offender. If the offender is	4407
unable to read, the official, official's designee, or judge shall	4408
certify on the form that the official, designee, or judge	4409
specifically informed the offender of those duties and that the	4410
offender indicated an understanding of those duties.	4411

(c) If the notice is provided to a delinquent child under	4412
division (A)(5) of this section, the judge shall require the	4413
delinquent child and the delinquent child's parent, guardian, or	4414
custodian to read and sign a form prescribed by the bureau of	4415
criminal identification and investigation, stating that the	4416
delinquent child's duties to register, to file a notice of intent	4417
to reside, if applicable, to register a new residence address, and	4418
to periodically verify a residencethat address have been	4419
explained to the delinquent child and to the delinquent child's	4420
parent, guardian, or custodian. If the delinquent child or the	4421
delinquent child's parent, guardian, or custodian is unable to	4422
read, the judge shall certify on the form that the judge	4423
specifically informed the delinquent child or the delinquent	4424
child's parent, guardian, or custodian of those duties and that	4425
the delinquent child or the delinquent child's parent, guardian,	4426
or custodian indicated an understanding of those duties.	4427

(d) For any(2) The notice provided under divisiondivisions	4428
(A)(1) to (6) of this section, the form usedshall be on a form	4429
prescribed by the bureau of criminal identification and	4430
investigation and shall contain all of the information specified	4431
in division (A) of this section and all of the information	4432
required by the bureau of criminal identification and	4433
investigation, including, but. The notice provided under divisions	4434
(A)(1) to (5) of this section shall include, but is not limited	4435
to, a statement that the subject delinquent child if applicable	4436
has been classified by the adjudicating juvenile court judge or	4437
the judge's successor in office a juvenile sex offender registrant	4438
and has a duty to registerall of the following:	4439

(a) For any notice provided under division (A)(1) to (5) of	4440
this section, a statement as to whether the offender or delinquent	4441
child has been adjudicated as being a sexual predator or a	4442
child-victim predator relative to the sexually oriented offense or	4443
child-victim oriented offense in question, a statement as to	4444
whether the offender or delinquent child has been determined to be	4445
a habitual sex offender or habitual child-victim offender, a	4446
statement as to whether the offense for which the offender has the	4447
duty to register is an aggravated sexually oriented offense	4448
committed on or after the effective date of this amendment, an	4449
explanation of the offender's periodic residence address or	4450
periodic school, institution of higher education, or place of	4451
employment address verification process andor of the delinquent	4452
child's periodic residence address verification process, an	4453
explanation of the frequency with which the offender or delinquent	4454
child will be required to verify the residence addressthose	4455
addresses under that process, and a statement that the offender or	4456
delinquent child must verify the residence addressthose addresses	4457
at the times specified under that process or face criminal	4458
prosecution or a delinquent child proceeding, and an explanation	4459
of the offender's duty to similarly register, verify, and	4460
reregister those addresses in another state if the offender	4461
resides in another state, attends a school or institution of	4462
higher education in another state, or is employed in another	4463
state.	4464

(e)(b) If the notice is provided under division (A)(4) of	4465
this section, in addition to all other information contained on	4466
it, the form also shall include a statement that the notice	4467
replaces any notice previously provided to the offender under	4468
division (A)(1) of this section, a statement that the offender's	4469
duties described in this notice supersede the duties described in	4470
the prior notice, and a statement notifying the offender that, if	4471
the offender already has registered under section 2950.04 or	4472
2950.041 of the Revised Code, the offender must register again	4473
pursuant to division (A)(6) of that section.;	4474

(c) If the notice is provided under division (A)(5) of this	4475
section, a statement that the delinquent child has been classified	4476
by the adjudicating juvenile court judge or the judge's successor	4477
in office a juvenile offender registrant and has a duty to comply	4478
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	4479
Revised Code;	4480

(f)(d) If the notice is provided under division (A)(5) of	4481
this section, the form, in addition to all other information	4482
contained on it, shall inform the delinquent child and the	4483
delinquent child's parent, guardian, or custodiana statement	4484
that, if the delinquent child fails to comply with the	4485
requirements of sections 2950.04, 2950.041, 2950.05, and 2950.06	4486
of the Revised Code, both of the following apply:	4487

(i) If the delinquent child's failure occurs while the child	4488
is under eighteen years of age, the child is subject to	4489
proceedings under Chapter 2152. of the Revised Code based on the	4490
failure, but if the failure occurs while the child is eighteen	4491
years of age or older, the child is subject to criminal	4492
prosecution based on the failure.	4493

(ii) If the delinquent child's failure occurs while the child	4494
is under eighteen years of age, unless the child is emancipated,	4495
as defined in section 2919.121 of the Revised Code, the failure of	4496
the parent, guardian, or custodian to ensure that the child	4497
complies with those requirements is a violation of section 2919.24	4498
of the Revised Code and may result in the prosecution of the	4499
parent, guardian, or custodian for that violation.	4500

(2)(3)(a) After an offender described in division (A)(1),	4501
(2), or (4) of this section has signed the form described in	4502
divisiondivisions (B)(1) and (2) of this section or the official,	4503
official's designee, or judge has certified on the form that the	4504
form has been explained to the offender and that the offender	4505
indicated an understanding of the duties indicated on it, the	4506
official, official's designee, or judge shall give one copy of the	4507
form to the offender, within three days shall send one copy of the	4508
form to the bureau of criminal identification and investigation in	4509
accordance with the procedures adopted pursuant to section 2950.13	4510
of the Revised Code, and shall send one copy of the form to the	4511
sheriff of the county in which the offender expects to reside.	4512

(b) After a chief of police or sheriff has sent a form to an	4513
offender under division (A)(3) of this section, the chief or	4514
sheriff shall send a copy of the form to the bureau of criminal	4515
identification and investigation in accordance with the procedures	4516
adopted pursuant to section 2950.13 of the Revised Code.	4517

(c) After a delinquent child described in division (A)(5) of	4518
this section and the delinquent child's parent, guardian, or	4519
custodian have signed the form described in divisiondivisions	4520
(B)(1) and (2) of this section or the judge has certified on the	4521
form that the form has been explained to the delinquent child or	4522
the delinquent child's parent, guardian, or custodian and that the	4523
delinquent child or the delinquent child's parent, guardian, or	4524
custodian indicated an understanding of the duties and information	4525
indicated on the form, the judge shall give a copy of the form to	4526
both the delinquent child and to the delinquent child's parent,	4527
guardian, or custodian, within three days shall send one copy of	4528
the form to the bureau of criminal identification and	4529
investigation in accordance with the procedures adopted pursuant	4530
to section 2950.13 of the Revised Code, and shall send one copy of	4531
the form to the sheriff of the county in which the delinquent	4532
child expects to reside.	4533

(C) The official, official's designee, judge, chief of	4534
police, or sheriff who is required to provide notice to an	4535
offender or delinquent child under divisiondivisions (A)(1) to	4536
(5) of this section shall do all of the following:	4537

(1) If the notice is provided under division (A)(1), (2),	4538
(4), or (5) of this section, the official, designee, or judge	4539
shall determine the offender's or delinquent child's name,	4540
identifying factors, and expected future residence address in this	4541
state or any other state, shall obtain the offender's or	4542
delinquent child's criminal and delinquency history, and shall	4543
obtain a photograph and the fingerprints of the offender or	4544
delinquent child. Regarding an offender, the official, designee,	4545
or judge also shall obtain from the offender the offender's	4546
current or expected future school, institution of higher	4547
education, or place of employment address in this state, if any.	4548
If the notice is provided by a judge under division (A)(2), (4),	4549
or (5) of this section, the sheriff shall provide the offender's	4550
or delinquent child's criminal and delinquency history to the	4551
judge. The official, official's designee, or judge shall obtain	4552
this information and these items prior to giving the notice,	4553
except that a judge may give the notice prior to obtaining the	4554
offender's or delinquent child's criminal and delinquency history.	4555
Within three days after receiving this information and these	4556
items, the official, official's designee, or judge shall forward	4557
the information and items to the bureau of criminal identification	4558
and investigation in accordance with the forwarding procedures	4559
adopted pursuant to section 2950.13 of the Revised Code and, to	4560
the sheriff of the county in which the offender or delinquent	4561
child expects to reside, and, regarding an offender, to the	4562
sheriff of the county, if any, in which the offender attends or	4563
will attend a school or institution of higher education or is or	4564
will be employed. If the notice is provided under division (A)(5)	4565
of this section and if the delinquent child has been committed to	4566
the department of youth services or to a secure facility, the	4567
judge, in addition to the other information and items described in	4568
this division, also shall forward to the bureau and to the sheriff	4569
notification that the child has been so committed. If it has not	4570
already done so, the bureau of criminal identification and	4571
investigation shall forward a copy of the fingerprints and	4572
conviction data received under this division to the federal bureau	4573
of investigation.	4574

(2) If the notice is provided under division (A)(3) of this	4575
section, the chief of police or sheriff shall determine the	4576
offender's name, identifying factors, and residence address in	4577
this state or any other state, shall obtain the offender's	4578
criminal history from the bureau of criminal identification and	4579
investigation, and, to the extent possible, shall obtain a	4580
photograph and the fingerprints of the offender. Regarding an	4581
offender, the chief or sheriff also shall obtain from the offender	4582
the offender's current or expected future school, institution of	4583
higher education, or place of employment address in this state, if	4584
any. Within three days after receiving this information and these	4585
items, the chief or sheriff shall forward the information and	4586
items to the bureau of criminal identification and investigation	4587
in accordance with the forwarding procedures adopted pursuant to	4588
section 2950.13 of the Revised Code and, in relation to a chief of	4589
police, to the sheriff of the county in which the offender	4590
resides, and, regarding an offender, to the sheriff of the county,	4591
if any, in which the offender attends or will attend a school or	4592
institution of higher education or is or will be employed. If it	4593
has not already done so, the bureau of criminal identification and	4594
investigation shall forward a copy of the fingerprints and	4595
conviction data so received to the federal bureau of	4596
investigation.	4597

Sec. 2950.031. (A) No person who has been convicted of, is	4598
convicted of, has pleaded guilty to, or pleads guilty to either a	4599
sexually oriented offense that is not a registration-exempt	4600
sexually oriented offense or a child-victim oriented offense shall	4601
establish a residence or occupy residential premises within one	4602
thousand feet of any school premises.	4603

(B) An owner or lessee of real property that is located	4604
within one thousand feet of any school premises has a cause of	4605
action for injunctive relief against a person who violates	4606
division (A) of this section by establishing a residence or	4607
occupying residential premises within one thousand feet of those	4608
school premises. The owner or lessee shall not be required to	4609
prove irreparable harm in order to obtain the relief.	4610

Sec. 2950.04. (A)(1) Each of the following types of offender	4611
who is convicted of or pleads guilty to, or has been convicted of	4612
or pleaded guilty to, a sexually oriented offense that is not a	4613
registration-exempt sexually oriented offense shall register	4614
personally with the sheriff of the county within sevenfive days	4615
of the offender's coming into a county in which the offender	4616
resides or temporarily is domiciled for more than sevenfive days,	4617
shall register personally with the sheriff of the county	4618
immediately upon coming into a county in which the offender	4619
attends a school or institution of higher education on a full-time	4620
or part-time basis regardless of whether the offender resides or	4621
has a temporary domicile in this state or another state, shall	4622
register personally with the sheriff of the county in which the	4623
offender is employed if the offender resides or has a temporary	4624
domicile in this state and has been employed in that county for	4625
more than fourteen days or for an aggregate period of thirty or	4626
more days in that calendar year, shall register personally with	4627
the sheriff of the county in which the offender then is employed	4628
if the offender does not reside or have a temporary domicile in	4629
this state and has been employed at any location or locations in	4630
this state more than fourteen days or for an aggregate period of	4631
thirty or more days in that calendar year, and shall register with	4632
the sheriff or other appropriate person of the other state	4633
immediately upon entering into any state other than this state in	4634
which the offender attends a school or institution of higher	4635
education on a full-time or part-time basis or upon being employed	4636
in any state other than this state for more than fourteen days or	4637
for an aggregate period of thirty or more days in that calendar	4638
year regardless of whether the offender resides or has a temporary	4639
domicile in this state, the other state, or a different state:	4640

(a) Regardless of when the sexually oriented offense was	4641
committed, an offender who is sentenced for the sexually oriented	4642
offense to a prison term, a term of imprisonment, or any other	4643
type of confinement and, on or after July 1, 1997, is released in	4644
any manner from the prison term, term of imprisonment, or	4645
confinement;	4646

(b) Regardless of when the sexually oriented offense was	4647
committed, an offender who is sentenced for a sexually oriented	4648
offense on or after July 1, 1997, and to whom division (A)(1)(a)	4649
of this section does not apply;	4650

(c) If the sexually oriented offense was committed prior to	4651
July 1, 1997, and neither division (A)(1)(a) nor division	4652
(A)(1)(b) of this section applies, an offender who, immediately	4653
prior to July 1, 1997, was a habitual sex offender who was	4654
required to register under Chapter 2950. of the Revised Code.	4655

(2) Each child who is adjudicated a delinquent child for	4656
committing a sexually oriented offense that is not a	4657
registration-exempt sexually oriented offense and who is	4658
classified a juvenile sex offender registrant based on that	4659
adjudication shall register personally with the sheriff of the	4660
county within sevenfive days of the delinquent child's coming	4661
into a county in which the delinquent child resides or temporarily	4662
is domiciled for more than sevenfive days. If the delinquent	4663
child is committed for the sexually oriented offense that is not a	4664
registration-exempt sexually oriented offense to the department of	4665
youth services or to a secure facility that is not operated by the	4666
department, this duty begins when the delinquent child is	4667
discharged or released in any manner from custody in a department	4668
of youth services secure facility or from the secure facility that	4669
is not operated by the department, if pursuant to the discharge or	4670
release the delinquent child is not committed to any other secure	4671
facility of the department or any other secure facility. The	4672
delinquent child does not have a duty to register under this	4673
division while the child is in a department of youth services	4674
secure facility or in a secure facility that is not operated by	4675
the department.	4676

(3) If divisions (A)(1) and (2) of this section do not apply,	4677
each following type of offender and each following type of	4678
delinquent child shall register personally with the sheriff of the	4679
county within sevenfive days of the offender's or delinquent	4680
child's coming into a county in which the offender or delinquent	4681
child resides or temporarily is domiciled for more than sevenfive	4682
days, and each following type of offender shall register	4683
personally with the sheriff of the county immediately upon coming	4684
into a county in which the offender attends a school or	4685
institution of higher education on a full-time or part-time basis	4686
regardless of whether the offender resides or has a temporary	4687
domicile in this state or another state, shall register personally	4688
with the sheriff of the county in which the offender is employed	4689
if the offender resides or has a temporary domicile in this state	4690
and has been employed in that county for more than fourteen days	4691
or for an aggregate period of thirty days or more in that calendar	4692
year, and shall register personally with the sheriff of the county	4693
in which the offender then is employed if the offender does not	4694
reside or have a temporary domicile in this state and has been	4695
employed at any location or locations in this state for more than	4696
fourteen days or for an aggregate period of thirty or more days in	4697
that calendar year:	4698

(a) Regardless of when the sexually oriented offense was	4699
committed, a person who is convicted of, pleads guilty to, or is	4700
adjudicated a delinquent child for committing a sexually oriented	4701
offense in a court in another state or, in a federal court,	4702
military court, or an Indian tribal court, or in a court in any	4703
nation other than the United States for committing a sexually	4704
oriented offense that is not a registration-exempt sexually	4705
oriented offense, if, on or after July 1, 1997, for offenders, or	4706
January 1, 2002, for delinquent children, the offender or	4707
delinquent child moves to and resides in this state or temporarily	4708
is domiciled in this state for more than sevenfive days, the	4709
offender enters this state to attend any school or institution of	4710
higher education on a full-time or part-time basis, or the	4711
offender is employed in this state for more than fourteen days or	4712
for an aggregate period of thirty or more days in any calendar	4713
year, and if, at the time the offender or delinquent child moves	4714
to and resides in this state or temporarily is domiciled in this	4715
state for more than sevenfive days, the offender enters this	4716
state to attend the school or institution of higher education, or	4717
the offender is employed in this state for more than the specified	4718
period of time, the offender or delinquent child has a duty to	4719
register as a sex offender or child-victim offender under the law	4720
of that other jurisdiction as a result of the conviction, guilty	4721
plea, or adjudication.	4722

(b) Regardless of when the sexually oriented offense was	4723
committed, a person who is convicted of, pleads guilty to, or is	4724
adjudicated a delinquent child for committing a sexually oriented	4725
offense in a court in another state or, in a federal court,	4726
military court, or an Indian tribal court, or in a court in any	4727
nation other than the United States for committing a sexually	4728
oriented offense that is not a registration-exempt sexually	4729
oriented offense, if, on or after July 1, 1997, for offenders, or	4730
January 1, 2002, for delinquent children, the offender or	4731
delinquent child is released from imprisonment, confinement, or	4732
detention imposed for that offense, and if, on or after July 1,	4733
1997, for offenders, or January 1, 2002, for delinquent children,	4734
the offender or delinquent child moves to and resides in this	4735
state or temporarily is domiciled in this state for more than	4736
sevenfive days, the offender enters this state to attend any	4737
school or institution of higher education on a full-time or	4738
part-time basis, or the offender is employed in this state for	4739
more than fourteen days or for an aggregate period of thirty or	4740
more days in any calendar year. The duty to register as described	4741
in this division applies to an offender regardless of whether the	4742
offender, at the time of moving to and residing in this state or	4743
temporarily being domiciled in this state for more than sevenfive	4744
days, at the time of entering into this state to attend the school	4745
or institution of higher education, or at the time of being	4746
employed in this state for the specified period of time, has a	4747
duty to register as a sex offender or child-victim offender under	4748
the law of the jurisdiction in which the conviction or guilty plea	4749
occurred. The duty to register as described in this division	4750
applies to a delinquent child only if the delinquent child, at the	4751
time of moving to and residing in this state or temporarily being	4752
domiciled in this state for more than sevenfive days, has a duty	4753
to register as a sex offender or child-victim offender under the	4754
law of the jurisdiction in which the delinquent child adjudication	4755
occurred or if, had the delinquent child adjudication occurred in	4756
this state, the adjudicating juvenile court judge would have been	4757
required to issue an order classifying the delinquent child as a	4758
juvenile sex offender registrant pursuant to section 2152.82 or	4759
division (A) of section 2152.83 of the Revised Code.	4760

(4) If division (A)(1)(a) of this section applies and if,	4761
subsequent to the offender's release, the offender is adjudicated	4762
to be a sexual predator under division (C) of section 2950.09 of	4763
the Revised Code, the offender shall register within sevenfive	4764
days of the adjudication with the sheriff of the county in which	4765
the offender resides or temporarily is domiciled for more than	4766
sevenfive days and, shall register with the sheriff of any county	4767
in which the offender subsequently resides or temporarily is	4768
domiciled for more than sevenfive days within sevenfive days of	4769
coming into that county, shall register within five days of the	4770
adjudication with the sheriff of the county in which the offender	4771
attends any school or institution of higher education on a	4772
full-time or part-time basis or in which the offender is employed	4773
if the offender has been employed in that county for more than	4774
fourteen days or for an aggregate period of thirty or more days in	4775
that calendar year regardless of whether the offender resides or	4776
has temporary domicile in this state or another state, and shall	4777
register within five days of the adjudication with the sheriff or	4778
other appropriate person of any state other than this state in	4779
which the offender attends a school or institution of higher	4780
education on a full-time or part-time basis or in which the	4781
offender then is employed if the offender has been employed in	4782
that state for more than fourteen days or for an aggregate period	4783
of thirty or more days in any calendar year regardless of whether	4784
the offender resides or has temporary domicile in this state, the	4785
other state, or a different state.	4786

(5) A person who is adjudicated a delinquent child for	4787
committing a sexually oriented offense that is not a	4788
registration-exempt sexually oriented offense is not required to	4789
register under division (A)(2) of this section unless the	4790
delinquent child committed the offense on or after January 1,	4791
2002, is classified a juvenile sex offender registrant by a	4792
juvenile court judge pursuant to an order issued under section	4793
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code based on	4794
that adjudication, and has a duty to register pursuant to division	4795
(A)(2) of this section.	4796

(6) A person who has been convicted of, is convicted of, has	4797
pleaded guilty to, or pleads guilty to a sexually oriented offense	4798
that is a registration-exempt sexually oriented offense, and a	4799
person who is or has been adjudicated a delinquent child for	4800
committing a sexually oriented offense that is a	4801
registration-exempt sexually oriented offense, does not have any	4802
duty to register under this section based on that conviction,	4803
guilty plea, or adjudication. The exemption of an offender or	4804
delinquent child from registration under this division for a	4805
conviction of, plea of guilty to, or delinquent child adjudication	4806
for a registration-exempt sexually oriented offense does not	4807
limit, affect, or supersede any duties imposed upon the offender	4808
or delinquent child under this chapter or sections 2152.82 to	4809
2152.85 of the Revised Code for a conviction of, plea of guilty	4810
to, or delinquent child adjudication for any other sexually	4811
oriented offense or any child-victim oriented offense.	4812

(B) An offender or delinquent child who is required by	4813
division (A) of this section to register in this state personally	4814
shall obtain from the sheriff or from a designee of the sheriff a	4815
registration form that conforms to division (C) of this section,	4816
shall complete and sign the form, and shall return the completed	4817
form together with the offender's or delinquent child's photograph	4818
to the sheriff or the designee. The sheriff or designee shall sign	4819
the form and indicate on the form the date on which it is so	4820
returned. The registration required under this division is	4821
complete when the offender or delinquent child returns the form,	4822
containing the requisite information, photograph, signatures, and	4823
date, to the sheriff or designee.	4824

(C) The registration form to be used under divisions (A) and	4825
(B) of this section shall contain theinclude the photograph of	4826
the offender or delinquent child who is registering and shall	4827
contain all of the following:	4828

(1) Regarding an offender or delinquent child who is	4829
registering under a duty imposed under division (A)(1), (2), (3),	4830
or (4) of this section as a result of the offender or delinquent	4831
child residing in this state or temporarily being domiciled in	4832
this state for more than five days, the current residence address	4833
of the offender or delinquent child who is registering, the name	4834
and address of the offender's or delinquent child's employer, if	4835
the offender or delinquent child is employed at the time of	4836
registration or if the offender or delinquent child knows at the	4837
time of registration that the offender or delinquent child will be	4838
commencing employment with that employer subsequent to	4839
registration, the name and address of the offender's school or	4840
institution of higher education if the offender attends one at the	4841
time of registration or if the offender knows at the time of	4842
registration that the offender will be commencing attendance at	4843
that school or institution subsequent to registration, and any	4844
other information required by the bureau of criminal	4845
identification and investigation and shall include the offender's	4846
or delinquent child's photograph. Additionally	4847

(2) Regarding an offender who is registering under a duty	4848
imposed under division (A)(1), (3), or (4) of this section as a	4849
result of the offender attending a school or institution of higher	4850
education in this state on a full-time or part-time basis or being	4851
employed in this state or in a particular county in this state,	4852
whichever is applicable, for more than fourteen days or for an	4853
aggregate of thirty or more days in any calendar year, the current	4854
address of the school, institution of higher education, or place	4855
of employment of the offender who is registering and any other	4856
information required by the bureau of criminal identification and	4857
investigation.	4858

(3) Regarding an offender or delinquent child who is	4859
registering under a duty imposed under division (A)(1), (2), (3),	4860
or (4) of this section for any reason, if the offender or	4861
delinquent child has been adjudicated as being a sexual predator	4862
relative to the sexually oriented offense in question, if the	4863
delinquent child has been adjudicated a sexual predator relative	4864
to the sexually oriented offense in question and the court has not	4865
subsequently determined pursuant to division (D) of section	4866
2950.09, section 2152.84, or section 2152.85 of the Revised Code	4867
that the offender or delinquent child no longer is a sexual	4868
predator, or if the judge determined pursuant to division (C) of	4869
section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84,	4870
or 2152.85 of the Revised Code that the offender or delinquent	4871
child is a habitual sex offender and the determination has not	4872
been removed pursuant to section 2152.84 or 2152.85 of the Revised	4873
Code, or if the offender has the duty to register as a result of	4874
the conviction of or plea of guilty to an aggravated sexually	4875
oriented offense, the offender or delinquent child also shall	4876
include on the signed, written registration form all of the	4877
following information:	4878

(1)(a) A specific declaration that the person has been	4879
adjudicated as being a sexual predator or, has been determined to	4880
be a habitual sex offender, or was convicted of or pleaded guilty	4881
to an aggravated sexually oriented offense, whichever is	4882
applicable;	4883

(2)(b) If the offender or delinquent child has been	4884
adjudicated as being a sexual predator, the identification license	4885
plate number of each motor vehicle the offender or delinquent	4886
child owns and of each motor vehicle registered in the offender's	4887
or delinquent child's name.	4888

(D) After an offender or delinquent child registers with a	4889
sheriff pursuant to this section, the sheriff shall forward the	4890
signed, written registration form and photograph to the bureau of	4891
criminal identification and investigation in accordance with the	4892
forwarding procedures adopted pursuant to section 2950.13 of the	4893
Revised Code. If an offender registers a school, institution of	4894
higher education, or place of employment address, or provides a	4895
school or institution of higher education address under division	4896
(C)(1) of this section, the sheriff also shall provide notice to	4897
the law enforcement agency with jurisdiction over the premises of	4898
the school, institution of higher education, or place of	4899
employment of the offender's name and that the offender has	4900
registered that address as a place at which the offender attends	4901
school or an institution of higher education or at which the	4902
offender is employed. The bureau shall include the information and	4903
materials forwarded to it under this division in the state	4904
registry of sex offenders and child victim offenders established	4905
and maintained under section 2950.13 of the Revised Code.	4906

(E) No person who is required to register pursuant to	4907
divisions (A) and (B) of this section, and no person who is	4908
required to send a notice of intent to reside pursuant to division	4909
(G) of this section, shall fail to register or send the notice of	4910
intent as required in accordance with those divisions or that	4911
division.	4912

(F) An offender or delinquent child who is required to	4913
register pursuant to divisions (A) and (B) of this section shall	4914
register pursuant to this section for the period of time specified	4915
in section 2950.07 of the Revised Code.	4916

(G) If an offender or delinquent child who is required by	4917
division (A) of this section to register is adjudicated a sexual	4918
predator or a habitual sexual offender subject to community	4919
notification under division (C)(2) or (E) of section 2950.09 of	4920
the Revised Code, or if an offender who is required by division	4921
(A) of this section to register has that duty as a result of a	4922
conviction of or plea of guilty to an aggravated sexually oriented	4923
offense committed on or after the effective date of this	4924
amendment, the offender or delinquent child also shall send the	4925
sheriff of the county in which the offender or delinquent child	4926
intends to reside written notice of the offender's or delinquent	4927
child's intent to reside in the county. The offender or delinquent	4928
child shall send the notice of intent to reside at least twenty	4929
days prior to the date the offender or delinquent child begins to	4930
reside in the county. The notice of intent to reside shall contain	4931
the following information:	4932

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

4933

(2) The address or addresses at which the offender or	4934
delinquent child intends to reside;	4935

(3) The sexually oriented offense of which the offender was	4936
convicted, to which the offender pleaded guilty, or for which the	4937
child was adjudicated a delinquent child;	4938

(4) A statement that the offender or delinquent child has	4939
been adjudicated as being a sexual predator, a statement that the	4940
delinquent child has been adjudicated a sexual predator and that,	4941
as of the date of the notice, the court has not entered a	4942
determination that the offender or delinquent child no longer is a	4943
sexual predator, a statement that the sentencing or reviewing	4944
judge has determined that the offender or delinquent child is a	4945
habitual sex offender and that, as of the date of the notice, the	4946
determination has not been removed pursuant to section 2152.84 or	4947
2152.85 of the Revised Code, or a statement that the offender was	4948
convicted of or pleaded guilty to an aggravated sexually oriented	4949
offense committed on or after the effective date of this	4950
amendment.	4951

(H) If, immediately prior to the effective date of this	4952
amendment, an offender or delinquent child who was convicted of,	4953
pleaded guilty to, or adjudicated a delinquent child for	4954
committing a sexually oriented offense was required by division	4955
(A) of this section to register and if, on or after the effective	4956
date of this amendment, that offense no longer is a sexually	4957
oriented offense but instead is designated a child-victim oriented	4958
offense, division (A)(1)(c) or (2)(b) of section 2950.041 of the	4959
Revised Code applies regarding the offender or delinquent child	4960
and the duty to register that is imposed pursuant to that division	4961
shall be considered, for purposes of section 2950.07 of the	4962
Revised Code and for all other purposes, to be a continuation of	4963
the duty imposed upon the offender prior to the effective date of	4964
this amendment under this section.	4965

Sec. 2950.041.  (A)(1) Each of the following types of	4966
offender who is convicted of or pleads guilty to, or has been	4967
convicted of or pleaded guilty to, a child-victim oriented offense	4968
shall register personally with the sheriff of the county within	4969
five days of the offender's coming into a county in which the	4970
offender resides or temporarily is domiciled for more than five	4971
days, shall register personally with the sheriff of the county	4972
immediately upon coming into a county in which the offender	4973
attends a school or institution of higher education on a full-time	4974
or part-time basis regardless of whether the offender resides or	4975
has a temporary domicile in this state or another state, shall	4976
register personally with the sheriff of the county in which the	4977
offender is employed if the offender resides or has a temporary	4978
domicile in this state and has been employed in that county for	4979
more than fourteen days or for an aggregate period of thirty or	4980
more days in that calendar year, shall register personally with	4981
the sheriff of the county in which the offender then is employed	4982
if the offender does not reside or have a temporary domicile in	4983
this state and has been employed at any location or locations in	4984
this state for more than fourteen days or for an aggregate period	4985
of thirty or more days in that calendar year, and shall register	4986
personally with the sheriff or other appropriate person of the	4987
other state immediately upon entering into any state other than	4988
this state in which the offender attends a school or institution	4989
of higher education on a full-time or part-time basis or upon	4990
being employed in any state other than this state for more than	4991
fourteen days or for an aggregate period of thirty or more days in	4992
that calendar year regardless of whether the offender resides or	4993
has a temporary domicile in this state, the other state, or a	4994
different state:	4995

(a) Regardless of when the child-victim oriented offense was	4996
committed, an offender who is sentenced for the child-victim	4997
oriented offense to a prison term, a term of imprisonment, or any	4998
other type of confinement and, on or after the effective date of	4999
this section, is released in any manner from the prison term, term	5000
of imprisonment, or confinement;	5001

(b) Regardless of when the child-victim oriented offense was	5002
committed, an offender who is sentenced for a child-victim	5003
oriented offense on or after the effective date of this section,	5004
and to whom division (A)(1)(a) of this section does not apply;	5005

(c) If the child-victim oriented offense was committed prior	5006
to the effective date of this section, if the offense was	5007
considered prior to that date to be a sexually oriented offense,	5008
and if neither division (A)(1)(a) nor division (A)(1)(b) of this	5009
section applies, an offender who, immediately prior to the	5010
effective date of this section, was required to register as a	5011
result of conviction of or plea of guilty to the commission of	5012
that offense under section 2950.04 of the Revised Code. For any	5013
offender who is described in this division, the duty imposed under	5014
this division shall be considered, for purposes of section 2950.07	5015
of the Revised Code and for all other purposes, to be a	5016
continuation of the duty imposed upon the offender prior to the	5017
effective date of this section under section 2950.04 of the	5018
Revised Code.	5019

(2) Each of the following types of delinquent children shall	5020
register personally with the sheriff of the county within five	5021
days of the delinquent child's coming into a county in which the	5022
delinquent child resides or temporarily is domiciled for more than	5023
five days:	5024

(a) Regardless of when the child-victim oriented offense was	5025
committed, a child who on or after the effective date of this	5026
section is adjudicated a delinquent child for committing a	5027
child-victim oriented offense and who is classified a juvenile	5028
offender registrant based on that adjudication. If the delinquent	5029
child is committed for the child-victim oriented offense to the	5030
department of youth services or to a secure facility that is not	5031
operated by the department, this duty begins when the delinquent	5032
child is discharged or released in any manner from custody in a	5033
department of youth services secure facility or from the secure	5034
facility that is not operated by the department, if pursuant to	5035
the discharge or release the delinquent child is not committed to	5036
any other secure facility of the department or any other secure	5037
facility. The delinquent child does not have a duty to register	5038
under this division while the child is in a department of youth	5039
services secure facility or in a secure facility that is not	5040
operated by the department.	5041

(b) If the child-victim oriented offense was committed prior	5042
to the effective date of this section, if the offense was	5043
considered prior to that date to be a sexually oriented offense,	5044
and if division (A)(2)(a) of this section does not apply, a	5045
delinquent child who, immediately prior to the effective date of	5046
this section, was classified a juvenile sex offender registrant	5047
and required to register as a result of a delinquent child	5048
adjudication for the commission of that offense under section	5049
2950.04 of the Revised Code. For any delinquent child who is	5050
described in this division, the duty imposed under this division	5051
shall be considered, for purposes of section 2950.07 of the	5052
Revised Code and for all other purposes, to be a continuation of	5053
the duty imposed upon the delinquent child prior to the effective	5054
date of this section under section 2950.04 of the Revised Code. If	5055
the delinquent child is committed for the child-victim oriented	5056
offense to the department of youth services or to a secure	5057
facility that is not operated by the department, the provisions of	5058
division (A)(2)(a) of this section regarding the beginning, and	5059
tolling, of a duty imposed under that division also apply	5060
regarding the beginning, and tolling, of the duty imposed under	5061
this division.	5062

(3) If divisions (A)(1) and (2) of this section do not apply,	5063
each following type of offender and each following type of	5064
delinquent child shall register personally with the sheriff of the	5065
county within five days of the offender's or delinquent child's	5066
coming into a county in which the offender or delinquent child	5067
resides or temporarily is domiciled for more than five days, and	5068
each following type of offender shall register personally with the	5069
sheriff of the county immediately upon coming into a county in	5070
which the offender attends a school or institution of higher	5071
education on a full-time or part-time basis regardless of whether	5072
the offender resides or has a temporary domicile in this state or	5073
another state, shall register personally with the sheriff of the	5074
county in which the offender is employed if the offender resides	5075
or has a temporary domicile in this state and has been employed in	5076
that county for more than fourteen days or for an aggregate period	5077
of thirty or more days in that calendar year, and shall register	5078
personally with the sheriff of the county in which the offender	5079
then is employed if the offender does not reside or have a	5080
temporary domicile in this state and has been employed at any	5081
location or locations in this state for more than fourteen days or	5082
for an aggregate period of thirty or more days in that calendar	5083
year:	5084

(a) Regardless of when the child-victim oriented offense was	5085
committed, a person who is convicted, pleads guilty, or	5086
adjudicated a delinquent child in a court in another state, in a	5087
federal court, military court, or Indian tribal court, or in a	5088
court in any nation other than the United States for committing a	5089
child-victim oriented offense, if, on or after the effective date	5090
of this section, the offender or delinquent child moves to and	5091
resides in this state or temporarily is domiciled in this state	5092
for more than five days, the offender enters this state to attend	5093
any school or institution of higher education on a full-time or	5094
part-time basis, or the offender is employed in this state for	5095
more than fourteen days or for an aggregate period of thirty or	5096
more days in any calendar year, and if, at the time the offender	5097
or delinquent child moves to and resides in this state or	5098
temporarily is domiciled in this state for more than five days,	5099
the offender enters this state to attend the school or institution	5100
of higher education, or the offender is employed in this state for	5101
more than the specified period of time, the offender or delinquent	5102
child has a duty to register as a child-victim offender or sex	5103
offender under the law of that other jurisdiction as a result of	5104
the conviction, guilty plea, or adjudication.	5105

(b) Regardless of when the child-victim oriented offense was	5106
committed, a person who is convicted, pleads guilty, or	5107
adjudicated a delinquent child in a court in another state, in a	5108
federal court, military court, or Indian tribal court, or in a	5109
court in any nation other than the United States for committing a	5110
child-victim oriented offense, if, on or after the effective date	5111
of this section, the offender or delinquent child is released from	5112
imprisonment, confinement, or detention imposed for that offense,	5113
and if, on or after the effective date of this section, the	5114
offender or delinquent child moves to and resides in this state or	5115
temporarily is domiciled in this state for more than five days,	5116
the offender enters this state to attend any school or institution	5117
of higher education on a full-time or part-time basis, or the	5118
offender is employed in this state for more than fourteen days or	5119
for an aggregate period of thirty or more days in any calendar	5120
year. The duty to register as described in this division applies	5121
to an offender regardless of whether the offender, at the time of	5122
moving to and residing in this state or temporarily being	5123
domiciled in this state for more than five days, at the time of	5124
entering into this state to attend the school or institution of	5125
higher education, or at the time of being employed in this state	5126
for more than the specified period of time, has a duty to register	5127
as a child-victim offender or sex offender under the law of the	5128
jurisdiction in which the conviction or guilty plea occurred. The	5129
duty to register as described in this division applies to a	5130
delinquent child only if the delinquent child, at the time of	5131
moving to and residing in this state or temporarily being	5132
domiciled in this state for more than five days, has a duty to	5133
register as a child-victim offender or sex offender under the law	5134
of the jurisdiction in which the delinquent child adjudication	5135
occurred or if, had the delinquent child adjudication occurred in	5136
this state, the adjudicating juvenile court judge would have been	5137
required to issue an order classifying the delinquent child as a	5138
juvenile offender registrant pursuant to section 2152.82 or	5139
division (A) of section 2152.83 of the Revised Code.	5140

(4) If division (A)(1)(a) of this section applies and if,	5141
subsequent to the offender's release, the offender is adjudicated	5142
a child-victim predator under division (C) of section 2950.09 of	5143
the Revised Code, the offender shall register within five days of	5144
the adjudication with the sheriff of the county in which the	5145
offender resides or temporarily is domiciled for more than five	5146
days, shall register with the sheriff of any county in which the	5147
offender subsequently resides or temporarily is domiciled for more	5148
than five days within five days of coming into that county, shall	5149
register within five days of the adjudication with the sheriff of	5150
the county in which the offender attends any school or institution	5151
of higher education on a full-time or part-time basis or in which	5152
the offender is employed if the offender has been employed in that	5153
county for more than fourteen days or for an aggregate period of	5154
thirty or more days in that calendar year regardless of whether	5155
the offender resides or has temporary domicile in this state or	5156
another state, and shall register within five days of the	5157
adjudication with the sheriff or other appropriate person of any	5158
state other than this state in which the offender attends a school	5159
or institution of higher education on a full-time or part-time	5160
basis or in which the offender then is employed if the offender	5161
has been employed in this state for more than fourteen days or for	5162
an aggregate period of thirty or more days in any calendar year	5163
regardless of whether the offender resides or has temporary	5164
domicile in this state, the other state, or a different state.	5165

(5) A person who is adjudicated a delinquent child for	5166
committing a child-victim oriented offense is not required to	5167
register under division (A)(2) of this section unless the	5168
delinquent child committed the offense on or after the effective	5169
date of this section, is classified a juvenile offender registrant	5170
by a juvenile court judge pursuant to an order issued under	5171
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	5172
based on that adjudication, and has a duty to register pursuant to	5173
division (A)(2) of this section.	5174

(B) An offender or delinquent child who is required by	5175
division (A) of this section to register in this state personally	5176
shall do so in the manner described in division (B) of section	5177
2950.04 of the Revised Code, and the registration is complete as	5178
described in that division.	5179

(C) The registration form to be used under divisions (A) and	5180
(B) of this section shall include the photograph of the offender	5181
or delinquent child who is registering and shall contain all of	5182
the following:	5183

(1) Regarding an offender or delinquent child who is	5184
registering under a duty imposed under division (A)(1), (2), (3),	5185
or (4) of this section as a result of the offender or delinquent	5186
child residing in this state or temporarily being domiciled in	5187
this state for more than five days, all of the information	5188
described in division (C)(1) of section 2950.04 of the Revised	5189
Code;	5190

(2) Regarding an offender who is registering under a duty	5191
imposed under division (A)(1), (3), or (4) of this section as a	5192
result of the offender attending a school or institution of higher	5193
education on a full-time or part-time basis or being employed in	5194
this state or in a particular county in this state, whichever is	5195
applicable, for more than fourteen days or for an aggregate of	5196
thirty or more days in any calendar year, all of the information	5197
described in division (C)(2) of section 2950.04 of the Revised	5198
Code;	5199

(3) Regarding an offender or delinquent child who is	5200
registering under a duty imposed under division (A)(1), (2), (3),	5201
or (4) of this section, if the offender has been adjudicated a	5202
child-victim predator relative to the child-victim oriented	5203
offense in question, if the delinquent child has been adjudicated	5204
a child-victim predator relative to the child-victim oriented	5205
offense in question and the court has not subsequently determined	5206
pursuant to section 2152.84 or 2152.85 of the Revised Code that	5207
the delinquent child no longer is a child-victim predator, if the	5208
offender or delinquent child is automatically classified a	5209
habitual child-victim offender under division (E) of section	5210
2950.091 of the Revised Code, or if the judge determined pursuant	5211
to division (C) or (E) of section 2950.091 or pursuant to section	5212
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the	5213
offender or delinquent child is a habitual child-victim offender	5214
and the determination has not been removed pursuant to section	5215
2152.84 or 2152.85 of the Revised Code, the offender or delinquent	5216
child shall include on the signed, written registration form all	5217
of the information described in division (C)(3) of section 2950.04	5218
of the Revised Code.	5219

(D) Division (D) of section 2950.04 of the Revised Code	5220
applies when an offender or delinquent child registers with a	5221
sheriff pursuant to this section.	5222

(E) No person who is required to register pursuant to	5223
divisions (A) and (B) of this section, and no person who is	5224
required to send a notice of intent to reside pursuant to division	5225
(G) of this section, shall fail to register or send the notice as	5226
required in accordance with those divisions or that division.	5227

(F) An offender or delinquent child who is required to	5228
register pursuant to divisions (A) and (B) of this section shall	5229
register pursuant to this section for the period of time specified	5230
in section 2950.07 of the Revised Code.	5231

(G) If an offender or delinquent child who is required by	5232
division (A) of this section to register is adjudicated a	5233
child-victim predator or a habitual child-victim offender subject	5234
to community notification under division (C)(2) or (E) of section	5235
2950.09 of the Revised Code, the offender or delinquent child also	5236
shall send the sheriff of the county in which the offender or	5237
delinquent child intends to reside written notice of the	5238
offender's or delinquent child's intent to reside in the county.	5239
The offender or delinquent child shall send the notice of intent	5240
to reside at least twenty days prior to the date the offender or	5241
delinquent child begins to reside in the county. The notice of	5242
intent to reside shall contain all of the following information:	5243

(1) The information specified in divisions (G)(1) and (2) of	5244
section 2950.04 of the Revised Code;	5245

(2) The child-victim oriented offense of which the offender	5246
was convicted, to which the offender pleaded guilty, or for which	5247
the child was adjudicated a delinquent child;	5248

(3) A statement that the offender has been adjudicated a	5249
child-victim predator, a statement that the delinquent child has	5250
been adjudicated a child-victim predator and that, as of the date	5251
of the notice, the court has not entered a determination that the	5252
delinquent child no longer is a child-victim predator, or a	5253
statement that the sentencing or reviewing judge has determined	5254
that the offender or delinquent child is a habitual child-victim	5255
offender and that, as of the date of the notice, the determination	5256
has not been removed pursuant to section 2152.84 or 2152.85 of the	5257
Revised Code.	5258

Sec. 2950.05.  (A) If an offender or delinquent child is	5259
required to register pursuant to section 2950.04 or 2950.041 of	5260
the Revised Code, the offender or delinquent child, at least	5261
twenty days prior to changing the offender's or delinquent child's	5262
residence address, or the offender, at least twenty days prior to	5263
changing the address of the offender's school or institution of	5264
higher education and not later than five days after changing the	5265
address of the offender's place of employment, during the period	5266
during which the offender or delinquent child is required to	5267
register, shall provide written notice of the residence, school,	5268
institution of higher education, or place of employment address	5269
change, as applicable, to the sheriff with whom the offender or	5270
delinquent child most recently registered the address under	5271
section 2950.04 or 2950.041 of the Revised Code or under division	5272
(B) of this section.	5273

(B) If an offender or delinquent child is required to provide	5274
notice of a residence, school, institution of higher education, or	5275
place of employment address change under division (A) of this	5276
section, or a delinquent child is required to provide notice of a	5277
residence address change under that division, the offender or	5278
delinquent child, at least twenty days prior to changing the	5279
residence, school, or institution of higher education address and	5280
not later than five days after changing the place of employment	5281
address, as applicable, also shall register the new residence	5282
address in the manner described in divisions (B) and (C) of	5283
section 2950.04 or 2950.041 of the Revised Code, whichever is	5284
applicable, with the sheriff of the county in which the offender's	5285
or delinquent child's new residence address is located, subject to	5286
division (C) of this section.	5287

(C) Divisions (A) and (B) of this section apply to a person	5288
who is required to register pursuant to section 2950.04 or	5289
2950.041 of the Revised Code regardless of whether the new	5290
residence, school, institution of higher education, or place of	5291
employment address is in this state or in another state. If the	5292
new residence address is in another state, the person shall	5293
register with the appropriate law enforcement officials in that	5294
state in the manner required under the law of that state and	5295
within the earlier of the period of time required under the law of	5296
that state or at least seven days prior to changing the residence	5297
address.	5298

(D)(1) Upon receiving from an offender or delinquent child	5299
pursuant to division (A) of this section notice of a change of the	5300
offender's or delinquent child's residence, school, institution of	5301
higher education, or place of employment address or the delinquent	5302
child's residence address, a sheriff promptly shall forward the	5303
new residence address to the bureau of criminal identification and	5304
investigation in accordance with the forwarding procedures adopted	5305
pursuant to section 2950.13 of the Revised Code if the new	5306
residence address is in another state or, if the offender's or	5307
delinquent child's new residence address is located in another	5308
county in this state, to the sheriff of that county. The bureau	5309
shall include all information forwarded to it under this division	5310
in the state registry of sex offenders and child-victim offenders	5311
established and maintained under section 2950.13 of the Revised	5312
Code and shall forward notice of the offender's or delinquent	5313
child's new residence, school, institution of higher education, or	5314
place of employment address, as applicable, to the appropriate	5315
officials in the other state.	5316

(2) When an offender or delinquent child registers a new	5317
residence, school, institution of higher education, or place of	5318
employment address or a delinquent child registers a new residence	5319
address pursuant to division (B) of this section, the sheriff with	5320
whom the offender or delinquent child registers and the bureau of	5321
criminal identification and investigation shall comply with	5322
division (D) of section 2950.04 or 2950.041 of the Revised Code,	5323
whichever is applicable.	5324

(E)(1) No person who is required to notify a sheriff of a	5325
change of address pursuant to division (A) of this section shall	5326
fail to notify the appropriate sheriff in accordance with that	5327
division.	5328

(2) No person who is required to register a new residence,	5329
school, institution of higher education, or place of employment	5330
address with a sheriff or with an official of another state	5331
pursuant to divisions (B) and (C) of this section shall fail to	5332
register with the appropriate sheriff or official of the other	5333
state in accordance with those divisions.	5334

(F) An offender or delinquent child who is required to comply	5335
with divisions (A), (B), and (C) of this section shall do so for	5336
the period of time specified in section 2950.07 of the Revised	5337
Code.	5338

Sec. 2950.06.  (A) An offender or delinquent child who is	5339
required to register a residence address pursuant to section	5340
2950.04 or 2950.041 of the Revised Code shall periodically verify	5341
the offender's or delinquent child's current residence address,	5342
and an offender who is required to register a school, institution	5343
of higher education, or place of employment address pursuant to	5344
either of those sections shall periodically verify the address of	5345
the offender's current school, institution of higher education, or	5346
place of employment, in accordance with this section. The	5347
frequency of verification shall be determined in accordance with	5348
division (B) of this section, and the manner of verification shall	5349
be determined in accordance with division (C) of this section.	5350

(B) The frequency with which an offender or delinquent child	5351
must verify the offender's or delinquent child's current	5352
residence, school, institution of higher education, or place of	5353
employment address pursuant to division (A) of this section shall	5354
be determined as follows:	5355

(1) Regardless of when the sexually oriented offense or	5356
child-victim oriented offense for which the offender or delinquent	5357
child is required to register was committed, if the offender or	5358
delinquent child has been adjudicated as being a sexual predator	5359
relative to the sexually oriented offense and the court has not	5360
subsequently entered a determination pursuant to division (D) of	5361
section 2950.09, section 2152.84, or section 2152.85 of the	5362
Revised Code that the offender or delinquent child no longer is a	5363
sexual predator, or if the offender is required to register as a	5364
result of an aggravated sexually oriented offense committed on or	5365
after the effective date of this amendment, the offender or	5366
delinquent child shall verify the offender's or delinquent child's	5367
current residence address or current school, institution of higher	5368
education, or place of employment address, and the delinquent	5369
child shall verify the delinquent child's current residence	5370
address, in accordance with division (C) of this section every	5371
ninety days after the offender's or delinquent child's initial	5372
registration date during the period the offender or delinquent	5373
child is required to register if any of the following applies:	5374

(a) The offender or delinquent child is required to register	5375
based on a sexually oriented offense, and either the offender has	5376
been adjudicated a sexual predator relative to the sexually	5377
oriented offense, the delinquent child has been adjudicated a	5378
sexual predator relative to the sexually oriented offense and the	5379
court has not subsequently entered a determination pursuant to	5380
section 2152.84 or 2152.85 of the Revised Code that the delinquent	5381
child no longer is a sexual predator, or the offender is required	5382
to register as a result of an aggravated sexually oriented	5383
offense.	5384

(b) The offender or delinquent child is required to register	5385
based on a child-victim oriented offense, and either the offender	5386
has been adjudicated a child-victim predator relative to the	5387
child-victim oriented offense or the delinquent child has been	5388
adjudicated a child-victim predator relative to the child-victim	5389
oriented offense and the court has not subsequently entered a	5390
determination pursuant to section 2152.84 or 2152.85 of the	5391
Revised Code that the delinquent child no longer is a child-victim	5392
predator.	5393

(2) In all circumstances not described in division (B)(1) of	5394
this section, the offender or delinquent child shall verify the	5395
offender's or delinquent child's current residence address or	5396
current school, institution of higher education, or place of	5397
employment address, and the delinquent child shall verify the	5398
delinquent child's current residence address, in accordance with	5399
division (C) of this section on each anniversary of the offender's	5400
or delinquent child's initial registration date during the period	5401
the offender or delinquent child is required to register.	5402

If, prior to the effective date of this amendment, an	5403
offender or delinquent child registered with a sheriff under a	5404
duty imposed under section 2950.04 of the Revised Code as a result	5405
of a conviction of, plea of guilty to, or adjudication as a	5406
delinquent child for committing a sexually oriented offense and	5407
if, on or after the effective date of this amendment, that offense	5408
no longer is a sexually oriented offense but instead is a	5409
child-victim oriented offense, the duty to register that is	5410
imposed on the offender or delinquent child pursuant to section	5411
2950.041 of the Revised Code is a continuation of the duty imposed	5412
upon the offender prior to the effective date of this amendment	5413
under section 2950.04 of the Revised Code and, for purposes of	5414
divisions (B)(1) and (2) of this section, the offender's initial	5415
registration date related to that offense is the date on which the	5416
offender initially registered under section 2950.04 of the Revised	5417
Code.	5418

(C)(1) An offender or delinquent child who is required to	5419
verify the offender's or delinquent child's current residence,	5420
school, institution of higher education, or place of employment	5421
address pursuant to division (A) of this section shall verify the	5422
address with the sheriff with whom the offender or delinquent	5423
child most recently registered the address by personally appearing	5424
before the sheriff or a designee of the sheriff, no earlier than	5425
ten days before the date on which the verification is required	5426
pursuant to division (B) of this section and no later than the	5427
date so required for verification, and completing and signing a	5428
copy of the verification form prescribed by the bureau of criminal	5429
identification and investigation. The sheriff or designee shall	5430
sign the completed form and indicate on the form the date on which	5431
it is so completed. The verification required under this division	5432
is complete when the offender or delinquent child personally	5433
appears before the sheriff or designee and completes and signs the	5434
form as described in this division.	5435

(2) To facilitate the verification of an offender's or	5436
delinquent child's current residence, school, institution of	5437
higher education, or place of employment address, as applicable,	5438
under division (C)(1) of this section, the sheriff with whom the	5439
offender or delinquent child most recently registered the address	5440
may mail a nonforwardable verification form prescribed by the	5441
bureau of criminal identification and investigation to the	5442
offender's or delinquent child's last reported address and to the	5443
last reported address of the parents of the delinquent child, with	5444
a notice that conspicuously states that the offender or delinquent	5445
child must personally appear before the sheriff or a designee of	5446
the sheriff to complete the form and the date by which the form	5447
must be so completed. Regardless of whether a sheriff mails a form	5448
to an offender or delinquent child and that child's parents, each	5449
offender or delinquent child who is required to verify the	5450
offender's or delinquent child's current residence, school,	5451
institution of higher education, or place of employment address,	5452
as applicable, pursuant to division (A) of this section shall	5453
personally appear before the sheriff or a designee of the sheriff	5454
to verify the address in accordance with division (C)(1) of this	5455
section.	5456

(D) The verification form to be used under division (C) of	5457
this section shall contain all of the following:	5458

(1) Except as provided in division (D)(2) of this section,	5459
the current residence address of the offender or delinquent child,	5460
the name and address of the offender's or delinquent child's	5461
employer if the offender or delinquent child is employed at the	5462
time of verification or if the offender or delinquent child knows	5463
at the time of verification that the offender or delinquent child	5464
will be commencing employment with that employer subsequent to	5465
verification, the name and address of the offender's school or	5466
institution of higher education if the offender attends one at the	5467
time of verification or if the offender knows at the time of	5468
verification that the offender will be commencing attendance at	5469
that school or institution subsequent to verification, and any	5470
other information required by the bureau of criminal	5471
identification and investigation.	5472

(2) Regarding an offender who is verifying a current school,	5473
institution of higher education, or place of employment address,	5474
the current address of the school, institution of higher	5475
education, or place of employment of the offender and any other	5476
information required by the bureau of criminal identification and	5477
investigation.	5478

(E) Upon an offender's or delinquent child's personal	5479
appearance and completion of a verification form under division	5480
(C) of this section, a sheriff promptly shall forward a copy of	5481
the verification form to the bureau of criminal identification and	5482
investigation in accordance with the forwarding procedures adopted	5483
by the attorney general pursuant to section 2950.13 of the Revised	5484
Code. If an offender verifies a school, institution of higher	5485
education, or place of employment address, or provides a school or	5486
institution of higher education address under division (D)(1) of	5487
this section, the sheriff also shall provide notice to the law	5488
enforcement agency with jurisdiction over the premises of the	5489
school, institution of higher education, or place of employment of	5490
the offender's name and that the offender has verified or provided	5491
that address as a place at which the offender attends school or an	5492
institution of higher education or at which the offender is	5493
employed. The bureau shall include all information forwarded to it	5494
under this division in the state registry of sex offenders and	5495
child-victim offenders established and maintained under section	5496
2950.13 of the Revised Code.	5497

(F) No person who is required to verify a current residence,	5498
school, institution of higher education, or place of employment	5499
address, as applicable, pursuant to divisions (A) to (C) of this	5500
section shall fail to verify a current residence, school,	5501
institution of higher education, or place of employment address,	5502
as applicable, in accordance with those divisions by the date	5503
required for the verification as set forth in division (B) of this	5504
section, provided that no person shall be prosecuted or subjected	5505
to a delinquent child proceeding for a violation of this division,	5506
and that no parent, guardian, or custodian of a delinquent child	5507
shall be prosecuted for a violation of section 2919.24 of the	5508
Revised Code based on the delinquent child's violation of this	5509
division, prior to the expiration of the period of time specified	5510
in division (G) of this section.	5511

(G)(1) If an offender or delinquent child fails to verify a	5512
current residence, school, institution of higher education, or	5513
place of employment address, as applicable, as required by	5514
divisions (A) to (C) of this section by the date required for the	5515
verification as set forth in division (B) of this section, the	5516
sheriff with whom the offender or delinquent child is required to	5517
verify the current residence address, on the day following that	5518
date required for the verification, shall send a written warning	5519
to the offender or to the delinquent child and that child's	5520
parents, at the offender's or delinquent child's and that child's	5521
parents' last known residence, school, institution of higher	5522
education, or place of employment address, as applicable,	5523
regarding the offender's or delinquent child's duty to verify the	5524
offender's or delinquent child's current residence, school,	5525
institution of higher education, or place of employment address,	5526
as applicable.	5527

The written warning shall do all of the following:

5528

(a) Identify the sheriff who sends it and the date on which	5529
it is sent;	5530

(b) State conspicuously that the offender or delinquent child	5531
has failed to verify the offender's or delinquent child's current	5532
residence, school, institution of higher education, or place of	5533
employment address or the delinquent child's current residence	5534
address by the date required for the verification;	5535

(c) Conspicuously state that the offender or delinquent child	5536
has seven days from the date on which the warning is sent to	5537
verify the current residence, school, institution of higher	5538
education, or place of employment address, as applicable, with the	5539
sheriff who sent the warning;	5540

(d) Conspicuously state that a failure to timely verify the	5541
specified current residence address or addresses is a felony	5542
offense;	5543

(e) Conspicuously state that, if the offender or delinquent	5544
child verifies the current residence, school, institution of	5545
higher education, or place of employment address or the delinquent	5546
child verifies the current residence address with that sheriff	5547
within that seven-day-periodseven-day period, the offender or	5548
delinquent child will not be prosecuted or subjected to a	5549
delinquent child proceeding for a failure to timely verify a	5550
current residence address and the delinquent child's parent,	5551
guardian, or custodian will not be prosecuted based on a failure	5552
of the delinquent child to timely verify an address;	5553

(f) Conspicuously state that, if the offender or delinquent	5554
child does not verify the current residence, school, institution	5555
of higher education, or place of employment address or the	5556
delinquent child verifies the current residence address with that	5557
sheriff within that seven-day-periodseven-day period, the	5558
offender or delinquent child will be arrested or taken into	5559
custody, as appropriate, and prosecuted or subjected to a	5560
delinquent child proceeding for a failure to timely verify a	5561
current residence address and the delinquent child's parent,	5562
guardian, or custodian may be prosecuted for a violation of	5563
section 2919.24 of the Revised Code based on the delinquent	5564
child's failure to timely verify a current residence address.	5565

(2) If an offender or delinquent child fails to verify a	5566
current residence, school, institution of higher education, or	5567
place of employment address, as applicable, as required by	5568
divisions (A) to (C) of this section by the date required for the	5569
verification as set forth in division (B) of this section, the	5570
offender or delinquent child shall not be prosecuted or subjected	5571
to a delinquent child proceeding for a violation of division (F)	5572
of this section, and the delinquent child's parent, guardian, or	5573
custodian shall not be prosecuted for a violation of section	5574
2919.24 of the Revised Code based on the delinquent child's	5575
failure to timely verify a current residence address, as	5576
applicable, unless the seven-day-periodseven-day period	5577
subsequent to that date that the offender or delinquent child is	5578
provided under division (G)(1) of this section to verify the	5579
current residence address has expired and the offender or	5580
delinquent child, prior to the expiration of that seven-day-period	5581
seven-day period, has not verified the current residence address.	5582
Upon the expiration of the seven-day-periodseven-day period that	5583
the offender or delinquent child is provided under division (G)(1)	5584
of this section to verify the current residence address has	5585
expired, if the offender or delinquent child has not verified the	5586
current residence address, all of the following apply:	5587

(a) The sheriff with whom the offender or delinquent child is	5588
required to verify the current residence, school, institution of	5589
higher education, or place of employment address, as applicable,	5590
promptly shall notify the bureau of criminal identification and	5591
investigation of the failure.	5592

(b) The sheriff with whom the offender or delinquent child is	5593
required to verify the current residence, school, institution of	5594
higher education, or place of employment address, as applicable,	5595
the sheriff of the county in which the offender or delinquent	5596
child resides, the sheriff of the county in which is located the	5597
offender's school, institution of higher education, or place of	5598
employment address that was to be verified, or a deputy of the	5599
appropriate sheriff, shall locate the offender or delinquent	5600
child, promptly shall seek a warrant for the arrest or taking into	5601
custody, as appropriate, of the offender or delinquent child for	5602
the violation of division (F) of this section and shall arrest the	5603
offender or take the child into custody, as appropriate.	5604

(c) The offender or delinquent child is subject to	5605
prosecution or a delinquent child proceeding for the violation of	5606
division (F) of this section, and the delinquent child's parent,	5607
guardian, or custodian may be subject to prosecution for a	5608
violation of section 2919.24 of the Revised Code based on the	5609
delinquent child's violation of that division.	5610

(H) A personAn offender who is required to verify the	5611
person'soffender's current residence, school, institution of	5612
higher education, or place of employment address pursuant to	5613
divisions (A) to (C) of this section and a delinquent child who is	5614
required to verify the delinquent child's current residence	5615
address pursuant to those divisions shall do so for the period of	5616
time specified in section 2950.07 of the Revised Code.	5617

Sec. 2950.07.  (A) The duty of an offender who is convicted	5618
of or pleads guilty to, or has been convicted of or pleaded guilty	5619
to, either a sexually oriented offense that is not a	5620
registration-exempt sexually oriented offense or a child-victim	5621
oriented offense and the duty of a delinquent child who is	5622
adjudicated a delinquent child for committing either a sexually	5623
oriented offense that is not a registration-exempt sexually	5624
oriented offense or a child-victim oriented offense and is	5625
classified a juvenile sex offender registrant or who is an	5626
out-of-state juvenile sex offender registrant to comply with	5627
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5628
Code commences on whichever of the following dates is applicable:	5629

(1) If the offender's duty to register is imposed pursuant to	5630
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of	5631
section 2950.041 of the Revised Code, the offender's duty to	5632
comply with those sections commences regarding residence addresses	5633
on the date of the offender's release from a prison term, a term	5634
of imprisonment, or any other type of confinement or on July 1,	5635
1997, for a duty under section 2950.04 or the effective date of	5636
this amendment for a duty under section 2950.041 of the Revised	5637
Code, whichever is later, and commences regarding addresses of	5638
schools, institutions of higher education, and places of	5639
employment on the date of the offender's release from a prison	5640
term, term of imprisonment, or any other type of confinement or on	5641
the effective date of this amendment, whichever is later.	5642

(2) If the offender's duty to register is imposed pursuant to	5643
division (A)(1)(b) of section 2950.04 or division (A)(1)(b) of	5644
section 2950.041 of the Revised Code, the offender's duty to	5645
comply with those sections commences regarding residence addresses	5646
on the date of entry of the judgment of conviction of the sexually	5647
oriented offense or child-victim oriented offense or on July 1,	5648
1997, for a duty under section 2950.04 or the effective date of	5649
this amendment for a duty under section 2950.041 of the Revised	5650
Code, whichever is later, and commences regarding addresses of	5651
schools, institutions of higher education, and places of	5652
employment on the date of entry of the judgment of conviction of	5653
the sexually oriented offense or child-victim oriented offense or	5654
on the effective date of this amendment, whichever is later.	5655

(3) If the offender's duty to register is imposed pursuant to	5656
division (A)(1)(c) of section 2950.04 of the Revised Code, the	5657
offender's duty to comply with those sections commences regarding	5658
residence addresses fourteen days after July 1, 1997, and	5659
commences regarding addresses of schools, institutions of higher	5660
education, and places of employment fourteen days after the	5661
effective date of this amendment.	5662

(4) If the offender's or delinquent child's duty to register	5663
is imposed pursuant to division (A)(3)(a) or (b) of section	5664
2950.04 or division (A)(3)(a) or (b) of section 2950.041 of the	5665
Revised Code, the offender's duty to comply with those sections	5666
commences regarding residence addresses on March 30, 1999, or on	5667
the date that the offender begins to reside or becomes temporarily	5668
domiciled in this state or on March 30, 1999, for a duty under	5669
section 2950.04 of the Revised Code or the effective date of this	5670
amendment for a duty under section 2950.041 of the Revised Code,	5671
whichever is later, the offender's duty regarding addresses of	5672
schools, institutions of higher education, and places of	5673
employment commences on the effective date of this amendment or on	5674
the date the offender begins attending any school or institution	5675
of higher education in this state on a full-time or part-time	5676
basis or becomes employed in this state, whichever is later, and	5677
the delinquent child's duty commences on January 1, 2002, or on	5678
the date the delinquent child begins to reside or becomes	5679
temporarily domiciled in this state or on January 1, 2002, for a	5680
duty under section 2950.04 of the Revised Code or the effective	5681
date of this amendment for a duty under section 2950.041 of the	5682
Revised Code, whichever is later.	5683

(5) If the delinquent child's duty to register is imposed	5684
pursuant to division (A)(2) of section 2950.04 or division	5685
(A)(2)(a) of section 2950.041 of the Revised Code, if the	5686
delinquent child's classification as a juvenile sex offender	5687
registrant is made at the time of the child's disposition for that	5688
sexually oriented offense or child-victim oriented offense,	5689
whichever is applicable, and if the delinquent child is committed	5690
for the sexually oriented offense or child-victim oriented offense	5691
to the department of youth services or to a secure facility that	5692
is not operated by the department, the delinquent child's duty to	5693
comply with those sections commences on the date of the delinquent	5694
child's discharge or release from custody in the department of	5695
youth services secure facility or from the secure facility not	5696
operated by the department as described in that division.	5697

(6) If the delinquent child's duty to register is imposed	5698
pursuant to division (A)(2) of section 2950.04 or division	5699
(A)(2)(a) of section 2950.041 of the Revised Code and if either	5700
the delinquent child's classification as a juvenile sex offender	5701
registrant is made at the time of the child's disposition for that	5702
sexually oriented offense or child-victim oriented offense,	5703
whichever is applicable, and the delinquent child is not committed	5704
for the sexually oriented offense or child-victim oriented offense	5705
to the department of youth services or to a secure facility that	5706
is not operated by the department or the child's classification as	5707
a juvenile sex offender registrant is made pursuant to sections	5708
2152.83 of the Revised Code, the delinquent child's duty to comply	5709
with those sections commences on the date of entry of the court's	5710
order that classifies the delinquent child a juvenile sex offender	5711
registrant.	5712

(7) If the offender's duty to register is imposed pursuant to	5713
division (A)(1)(c) of section 2950.041 of the Revised Code, the	5714
offender's duty to comply with those sections regarding residence	5715
addresses is a continuation of the offender's former duty to	5716
register regarding residence addresses imposed prior to the	5717
effective date of this amendment under section 2950.04 of the	5718
Revised Code and shall be considered for all purposes as having	5719
commenced on the date that the offender's former duty under that	5720
section commenced. The offender's duty to comply with those	5721
sections commences regarding addresses of schools, institutions of	5722
higher education, and places of employment on the effective date	5723
of this amendment.	5724

(8) If the delinquent child's duty to register is imposed	5725
pursuant to division (A)(2)(b) of section 2950.041 of the Revised	5726
Code, the delinquent child's duty to comply with those sections is	5727
a continuation of the delinquent child's former duty to register	5728
imposed prior to the effective date of this amendment under	5729
section 2950.04 of the Revised Code and shall be considered for	5730
all purposes as having commenced on the date that the delinquent	5731
child's former duty under that section commenced or commences.	5732

(B) The duty of an offender who is convicted of or pleads	5733
guilty to, or has been convicted of or pleaded guilty to, either a	5734
sexually oriented offense that is not a registration-exempt	5735
sexually oriented offense or a child-victim oriented offense and	5736
the duty of a delinquent child who is adjudicated a delinquent	5737
child for committing either a sexually oriented offense that is	5738
not a registration-exempt sexually oriented offense or a	5739
child-victim oriented offense and is classified a juvenile sex	5740
offender registrant or who is an out-of-state juvenile sex	5741
offender registrant to comply with sections 2950.04, 2950.041,	5742
2950.05, and 2950.06 of the Revised Code continues, after the date	5743
of commencement, for whichever of the following periods is	5744
applicable:	5745

(1) Except as otherwise provided in this division, if the	5746
offense is a sexually oriented offense that is not a	5747
registration-exempt sexually oriented offense and the offender or	5748
delinquent child has been adjudicated a sexual predator relative	5749
to the sexually oriented offense or, if the offense is a sexually	5750
oriented offense and the offender has the duty to register as a	5751
result of an aggravated sexually oriented offense committed on or	5752
after the effective date of this amendment, or if the offense is a	5753
child-victim oriented offense and the offender or delinquent child	5754
has been adjudicated a child-victim predator relative to the	5755
child-victim oriented offense, the offender's or delinquent	5756
child's duty to comply with those sections continues until the	5757
offender's or delinquent child's death. Regarding an offender ora	5758
delinquent child who has been adjudicated a sexual predator	5759
relative to the sexually oriented offense or who has been	5760
adjudicated a child-victim predator relative to the child-victim	5761
oriented offense, if the judge who sentenced the offender or made	5762
the disposition for the delinquent child or that judge's successor	5763
in office subsequently enters a determination pursuant to division	5764
(D) of section 2950.09 or pursuant to section 2152.84 or 2152.85	5765
of the Revised Code that the offender or delinquent child no	5766
longer is a sexual predator or child-victim predator, the	5767
offender's or delinquent child's duty to comply with those	5768
sections continues for the period of time that otherwise would	5769
have been applicable to the offender or delinquent child under	5770
division (B)(2) or (3) of this section or, if the offender's duty	5771
to register results from a conviction of or plea of guilty to an	5772
aggravated sexually oriented offense, until the offender's death	5773
as specified under this division. In no case shall the lifetime	5774
duty to registercomply that is imposed under this division on an	5775
offender who is adjudicated a sexual predator or is adjudicated a	5776
child-victim predator or is imposed under this division for an	5777
aggravated sexually oriented offense committed on or after the	5778
effective date of this amendment, or the adjudication,	5779
classification, or conviction that subjects the offender to this	5780
division, be removed or terminated.	5781

(2) If the judge who sentenced the offender or made the	5782
disposition for the delinquent child for committing the sexually	5783
oriented offense that is not a registration-exempt sexually	5784
oriented offense or the child-victim oriented offense, or the	5785
successor in office of the juvenile court judge who made the	5786
delinquent child disposition, determined pursuant to division (E)	5787
of section 2950.09 or 2950.091 or pursuant to division (B) of	5788
section 2152.83, section 2152.84, or section 2152.85 of the	5789
Revised Code that the offender or delinquent child is a habitual	5790
sex offender or a habitual child-victim offender, or if the	5791
offender or delinquent child is automatically classified a	5792
habitual child-victim offender pursuant to division (E) of section	5793
2950.091 of the Revised Code, the offender's or delinquent child's	5794
duty to comply with those sections continues either until the	5795
offender's death or for twenty years, determined as provided in	5796
this division, and the delinquent child's duty to comply with	5797
those sections continues for twenty years. If a delinquent child	5798
is so determined pursuant to division (E) of section 2950.09 or	5799
pursuant to division (B) of section 2152.83, section 2152.84, or	5800
section 2152.85 of the Revised Codeor classified to be a habitual	5801
sex offender or a habitual child-victim offender and if the judge	5802
who made the disposition for the delinquent child or that judge's	5803
successor in office subsequently enters a determination pursuant	5804
to section 2152.84 or 2152.85 of the Revised Code that the	5805
delinquent child no longer is a habitual sex offender or habitual	5806
child-victim offender but remains a juvenile sex offender	5807
registrant, the delinquent child's duty to comply with those	5808
sections continues for the period of time that otherwise would	5809
have been applicable to the delinquent child under division (B)(3)	5810
of this section. Except as otherwise provided in this division,	5811
the offender's duty to comply with those sections continues until	5812
the offender's death. If a lifetime duty to comply is imposed	5813
under this division on an offender, in no case shall that lifetime	5814
duty, or the determination that subjects the offender to this	5815
division, be removed or terminated. The offender's duty to comply	5816
with those sections continues for twenty years if the offender is	5817
a habitual sex offender and both of the following apply:	5818

(a) At least one of the sexually oriented offenses of which	5819
the offender has been convicted or to which the offender has	5820
pleaded guilty and that are included in the habitual sex offender	5821
determination is a violation of division (A)(1) or (5) of section	5822
2907.06 of the Revised Code involving a victim who is eighteen	5823
years of age or older, a violation of division (A), (B), or (E) of	5824
section 2907.08 of the Revised Code involving a victim who is	5825
eighteen years of age or older, or a violation of section 2903.211	5826
of the Revised Code that is a misdemeanor;	5827

(b) The total of all the sexually oriented offenses of which	5828
the offender has been convicted or to which the offender has	5829
pleaded guilty and that are included in the habitual sex offender	5830
determination does not include at least two sexually oriented	5831
offenses that are not described in division (B)(2)(a) of this	5832
section.	5833

(3) If neither division (B)(1) nor (B)(2) of this section	5834
applies, the offender's or delinquent child's duty to comply with	5835
those sections continues for ten years. If a delinquent child is	5836
classified pursuant to section 2152.82 or 2152.83 of the Revised	5837
Code a juvenile sex offender registrant and if the judge who made	5838
the disposition for the delinquent child or that judge's successor	5839
in office subsequently enters a determination pursuant to section	5840
2152.84 or 2152.85 of the Revised Code that the delinquent child	5841
no longer is to be classified a juvenile sex offender registrant,	5842
the delinquent child's duty to comply with those sections	5843
terminates upon the court's entry of the determination.	5844

(C)(1) If an offender has been convicted of or pleaded guilty	5845
to a sexually oriented offense or a delinquent child has been	5846
adjudicated a delinquent child for committing a sexually oriented	5847
offense and is classified a juvenile sex offender registrant or is	5848
an out-of-state juvenile sex offender registrant,that is not a	5849
registration-exempt sexually oriented offense and if the offender	5850
subsequently is convicted of or pleads guilty to another sexually	5851
oriented offense or a child-victim oriented offense, if an	5852
offender has been convicted of or pleaded guilty to a child-victim	5853
oriented offense and the offender subsequently is convicted of or	5854
pleads guilty to another child-victim oriented offense or a	5855
sexually oriented offense, if a delinquent child has been	5856
adjudicated a delinquent child for committing a sexually oriented	5857
offense that is not a registration-exempt sexually oriented	5858
offense and is classified a juvenile offender registrant or is an	5859
out-of-state juvenile offender registrant and the delinquent child	5860
subsequently is adjudicated a delinquent child for committing	5861
another sexually oriented offense or a child-victim oriented	5862
offense and is classified a juvenile sex offender registrant	5863
relative to that offense or subsequently is convicted of or pleads	5864
guilty to another sexually oriented offense or a child-victim	5865
oriented offense, or if a delinquent child has been adjudicated a	5866
delinquent child for committing a child-victim oriented offense	5867
and is classified a juvenile offender registrant or is an	5868
out-of-state juvenile offender registrant and the child	5869
subsequently is adjudicated a delinquent child for committing	5870
another child-victim oriented offense or a sexually oriented	5871
offense and is classified a juvenile offender registrant relative	5872
to that offense or subsequently is convicted of or pleads guilty	5873
to another child-victim oriented offense or a sexually oriented	5874
offense, the period of time for which the offender or delinquent	5875
child must comply with the sections specified in division (A) of	5876
this section shall be separately calculated pursuant to divisions	5877
(A)(1) to (6)(8) and (B)(1) to (3) of this section for each of the	5878
sexually oriented offenses and child-victim oriented offenses, and	5879
the separately calculated periods of time shall be complied with	5880
independently.	5881

If a delinquent child has been adjudicated a delinquent child	5882
for committing either a sexually oriented offense that is not a	5883
registration-exempt sexually oriented offense or a child-victim	5884
oriented offense, is classified a juvenile sex offender registrant	5885
or is an out-of-state juvenile sex offender registrant relative to	5886
the offense, and, after attaining eighteen years of age,	5887
subsequently is convicted of or pleads guilty to another sexually	5888
oriented offense or child-victim oriented offense, the subsequent	5889
conviction or guilty plea does not limit, affect, or supersede the	5890
duties imposed upon the delinquent child under this chapter	5891
relative to the delinquent child's classification as a juvenile	5892
sex offender registrant or as an out-of-state juvenile sex	5893
offender registrant, and the delinquent child shall comply with	5894
both those duties and the duties imposed under this chapter	5895
relative to the subsequent conviction or guilty plea.	5896

(2) If a delinquent child has been adjudicated a delinquent	5897
child for committing on or after January 1, 2002, either a	5898
sexually oriented offense that is not a registration-exempt	5899
sexually oriented offense or a child-victim oriented offense and	5900
is classified a juvenile sex offender registrant relative to the	5901
offense, if the order containing the classification also contains	5902
a determination by the juvenile judge that the delinquent child is	5903
a sexual predator or a habitual sex offender or that the child is	5904
a child-victim predator or a habitual child-victim offender, and	5905
if the juvenile judge or the judge's successor in office	5906
subsequently determines pursuant to section 2152.84 or 2152.85 of	5907
the Revised Code that the delinquent child no longer is a sexual	5908
predator or habitual sex offender or no longer is a child-victim	5909
predator or habitual child-victim offender, whichever is	5910
applicable, the judge's subsequent determination does not affect	5911
the date of commencement of the delinquent child's duty to comply	5912
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	5913
Revised Code as determined under division (A) of this section.	5914

(D) The duty of an offender or delinquent child to register	5915
under this chapter is tolled for any period during which the	5916
offender or delinquent child is returned to confinement in a	5917
secure facility for any reason or imprisoned for an offense when	5918
the confinement in a secure facility or imprisonment occurs	5919
subsequent to the date determined pursuant to division (A) of this	5920
section. The offender's or delinquent child's duty to register	5921
under this chapter resumes upon the offender's or delinquent	5922
child's release from confinement in a secure facility or	5923
imprisonment.	5924

(E) An offender or delinquent child who has been convicted of	5925
or pleaded guilty to, or has been or is adjudicated a delinquent	5926
child for committing, a sexually oriented offense, in a court in	5927
another state or, in a federal court, military court, or an Indian	5928
tribal court, or in a court of any nation other than the United	5929
States for committing either a sexually oriented offense that is	5930
not a registration-exempt sexually oriented offense or a	5931
child-victim oriented offense may apply to the sheriff of the	5932
county in which the offender or delinquent child resides or	5933
temporarily is domiciled, or in which the offender attends a	5934
school or institution of higher education or is employed, for	5935
credit against the duty to register for the time that the offender	5936
or delinquent child has complied with the sex offender or	5937
child-victim offender registration requirements of another	5938
jurisdiction. The sheriff shall grant the offender or delinquent	5939
child credit against the duty to register for time for which the	5940
offender or delinquent child provides adequate proof that the	5941
offender or delinquent child has complied with the sex offender or	5942
child-victim offender registration requirements of another	5943
jurisdiction. If the offender or delinquent child disagrees with	5944
the determination of the sheriff, the offender or delinquent child	5945
may appeal the determination to the court of common pleas of the	5946
county in which the offender or delinquent child resides or is	5947
temporarily domiciled, or in which the offender attends a school	5948
or institution of higher education or is employed.	5949

Sec. 2950.08. The(A) Subject to division (B) of this	5950
section, the statements, information, photographs, and	5951
fingerprints required by sections 2950.04, 2950.041, 2950.05, and	5952
2950.06 of the Revised Code and provided by a person who	5953
registers, who provides notice of a change of residence, school,	5954
institution of higher education, or place of employment address	5955
and registers the new residence, school, institution of higher	5956
education, or place of employment address, or who provides	5957
verification of a current residence, school, institution of higher	5958
education, or place of employment address pursuant to those	5959
sections and that are in the possession of the bureau of criminal	5960
identification and investigation and the information in the	5961
possession of the bureau that was received by the bureau pursuant	5962
to section 2950.14 of the Revised Code shall not be open to	5963
inspection by the public or by any person other than the following	5964
persons:	5965

(A)(1) A regularly employed peace officer or other law	5966
enforcement officer;	5967

(B)(2) An authorized employee of the bureau of criminal	5968
identification and investigation for the purpose of providing	5969
information to a board, administrator, or person pursuant to	5970
division (F) or (G) of section 109.57 of the Revised Code;	5971

(3) The registrar of motor vehicles, or an employee of the	5972
registrar of motor vehicles, for the purpose of verifying and	5973
updating any of the information so provided, upon the request of	5974
the bureau of criminal identification and investigation.	5975

(B) Division (A) of this section does not apply to any	5976
information that is contained in the internet sex offender and	5977
child-victim offender database established by the attorney general	5978
under division (A)(11) of section 2950.13 of the Revised Code	5979
regarding offenders and that is disseminated as described in that	5980
division.	5981

Sec. 2950.081. (A) Any statements, information, photographs,	5982
or fingerprints that are required to be provided, and that are	5983
provided, by an offender or delinquent child pursuant to section	5984
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code	5985
requires a person to provide, that are provided by a person who	5986
registers, who provides notice of a change of residence address	5987
and registers the new residence address, or who provides	5988
verification of a current residence address pursuant to any	5989
provision of those sections, and that are in the possession of a	5990
county sheriff are public records open to public inspection under	5991
section 149.43 of the Revised Code and shall be included in the	5992
internet sex offender and child-victim offender database	5993
established and maintained under section 2950.13 of the Revised	5994
Code to the extent provided in that section.	5995

(B) Except when the child is classified a juvenile offender	5996
registrant and the act that is the basis of a child'sthe	5997
classification as a juvenile sex offender registrant is a	5998
violation of, or an attempt to commit a violation of, section	5999
2903.01, 2903.02, or 2905.01 of the Revised Code that was	6000
committed with a purpose to gratify the sexual needs or desires of	6001
the child, a violation of section 2907.02 of the Revised Code, or	6002
an attempt to commit a violation of that section, the sheriff	6003
shall not cause to be publicly disseminated by means of the	6004
internet any statements, information, photographs, or fingerprints	6005
that are provided by a juvenile sex offender registrant who sends	6006
a notice of intent to reside, registers, who provides notice of a	6007
change of residence address and registers the new residence	6008
address, or who provides verification of a current residence	6009
address pursuant to this chapter and that are in the possession of	6010
a county sheriff.	6011

Sec. 2950.09. (A) If a person is convicted of or pleads	6012
guilty to committing, on or after January 1, 1997, a sexually	6013
oriented offense that is not a registration-exempt sexually	6014
oriented offense and that is a sexually violent offense and also	6015
is convicted of or pleads guilty to a sexually violent predator	6016
specification that was included in the indictment, count in the	6017
indictment, or information charging the sexually violent offense,	6018
the conviction of or plea of guilty to the specification	6019
automatically classifies the offender as a sexual predator for	6020
purposes of this chapter. If a person is convicted of, pleads	6021
guilty to, or is adjudicated a delinquent child for committing, a	6022
sexually oriented offense in a court in another state, or in a	6023
federal court, military court, or an Indian tribal court, or in a	6024
court of any nation other than the United States for committing a	6025
sexually oriented offense that is not a registration-exempt	6026
sexually oriented offense, and if, as a result of that conviction,	6027
plea of guilty, or adjudication, the person is required, under the	6028
law of the jurisdiction in which the person was convicted, pleaded	6029
guilty, or was adjudicated, to register as a sex offender until	6030
the person's death and is required to verify the person's address	6031
on at least a quarterly basis each year, that conviction, plea of	6032
guilty, or adjudication automatically classifies the person as a	6033
sexual predator for the purposes of this chapter, but the person	6034
may challenge that classification pursuant to division (F) of this	6035
section. In all other cases, a person who is convicted of or	6036
pleads guilty to, has been convicted of or pleaded guilty to, or	6037
is adjudicated a delinquent child for committing, a sexually	6038
oriented offense may be classified as a sexual predator for	6039
purposes of this chapter only in accordance with division (B) or	6040
(C) of this section or, regarding delinquent children, divisions	6041
(B) and (C) of section 2152.83 of the Revised Code.	6042

(B)(1)(a) The judge who is to impose sentence on a person who	6043
is convicted of or pleads guilty to a sexually oriented offense	6044
that is not a registration-exempt sexually oriented offense shall	6045
conduct a hearing to determine whether the offender is a sexual	6046
predator if any of the following circumstances apply:	6047

(i) Regardless of when the sexually oriented offense was	6048
committed, the offender is to be sentenced on or after January 1,	6049
1997, for a sexually oriented offense that is not a	6050
registration-exempt sexually oriented offense and that is not a	6051
sexually violent offense.	6052

(ii) Regardless of when the sexually oriented offense was	6053
committed, the offender is to be sentenced on or after January 1,	6054
1997, for a sexually oriented offense that is not a	6055
registration-exempt sexually oriented offense and that is a	6056
sexually violent offense, and a sexually violent predator	6057
specification was not included in the indictment, count in the	6058
indictment, or information charging the sexually violent offense.	6059

(iii) Regardless of when the sexually oriented offense was	6060
committed, the offender is to be sentenced on or after May 7,	6061
2002, for a sexually oriented offense that is not a	6062
registration-exempt sexually oriented offense, and that offender	6063
was acquitted of a sexually violent predator specification that	6064
was included in the indictment, count in the indictment, or	6065
information charging the sexually oriented offense.	6066

(b) The judge who is to impose or has imposed an order of	6067
disposition upon a child who is adjudicated a delinquent child for	6068
committing on or after January 1, 2002, a sexually oriented	6069
offense that is not a registration-exempt sexually oriented	6070
offense shall conduct a hearing as provided in this division to	6071
determine whether the child is to be classified as a sexual	6072
predator if either of the following applies:	6073

(i) The judge is required by section 2152.82 or division (A)	6074
of section 2152.83 of the Revised Code to classify the child a	6075
juvenile sex offender registrant.	6076

(ii) Division (B) of section 2152.83 of the Revised Code	6077
applies regarding the child, the judge conducts a hearing under	6078
that division for the purposes described in that division, and the	6079
judge determines at that hearing that the child will be classified	6080
a juvenile sex offender registrant.	6081

(2) Regarding an offender, the judge shall conduct the	6082
hearing required by division (B)(1)(a) of this section prior to	6083
sentencing and, if the sexually oriented offense for which	6084
sentence is to be imposed is a felony and if the hearing is being	6085
conducted under division (B)(1)(a) of this section, the judge may	6086
conduct it as part of the sentencing hearing required by section	6087
2929.19 of the Revised Code. Regarding a delinquent child, the	6088
judge may conduct the hearing required by division (B)(1)(b) of	6089
this section at the same time as, or separate from, the	6090
dispositional hearing, as specified in the applicable provision of	6091
section 2152.82 or 2152.83 of the Revised Code. The court shall	6092
give the offender or delinquent child and the prosecutor who	6093
prosecuted the offender or handled the case against the delinquent	6094
child for the sexually oriented offense notice of the date, time,	6095
and location of the hearing. At the hearing, the offender or	6096
delinquent child and the prosecutor shall have an opportunity to	6097
testify, present evidence, call and examine witnesses and expert	6098
witnesses, and cross-examine witnesses and expert witnesses	6099
regarding the determination as to whether the offender or	6100
delinquent child is a sexual predator. The offender or delinquent	6101
child shall have the right to be represented by counsel and, if	6102
indigent, the right to have counsel appointed to represent the	6103
offender or delinquent child.	6104

(3) In making a determination under divisions (B)(1) and (4)	6105
of this section as to whether an offender or delinquent child is a	6106
sexual predator, the judge shall consider all relevant factors,	6107
including, but not limited to, all of the following:	6108

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

6109

(b) The offender's or delinquent child's prior criminal or	6110
delinquency record regarding all offenses, including, but not	6111
limited to, all sexual offenses;	6112

(c) The age of the victim of the sexually oriented offense	6113
for which sentence is to be imposed or the order of disposition is	6114
to be made;	6115

(d) Whether the sexually oriented offense for which sentence	6116
is to be imposed or the order of disposition is to be made	6117
involved multiple victims;	6118

(e) Whether the offender or delinquent child used drugs or	6119
alcohol to impair the victim of the sexually oriented offense or	6120
to prevent the victim from resisting;	6121

(f) If the offender or delinquent child previously has been	6122
convicted of or pleaded guilty to, or been adjudicated a	6123
delinquent child for committing an act that if committed by an	6124
adult would be, a criminal offense, whether the offender or	6125
delinquent child completed any sentence or dispositional order	6126
imposed for the prior offense or act and, if the prior offense or	6127
act was a sex offense or a sexually oriented offense, whether the	6128
offender or delinquent child participated in available programs	6129
for sexual offenders;	6130

(g) Any mental illness or mental disability of the offender	6131
or delinquent child;	6132

(h) The nature of the offender's or delinquent child's sexual	6133
conduct, sexual contact, or interaction in a sexual context with	6134
the victim of the sexually oriented offense and whether the sexual	6135
conduct, sexual contact, or interaction in a sexual context was	6136
part of a demonstrated pattern of abuse;	6137

(i) Whether the offender or delinquent child, during the	6138
commission of the sexually oriented offense for which sentence is	6139
to be imposed or the order of disposition is to be made, displayed	6140
cruelty or made one or more threats of cruelty;	6141

(j) Any additional behavioral characteristics that contribute	6142
to the offender's or delinquent child's conduct.	6143

(4) After reviewing all testimony and evidence presented at	6144
the hearing conducted under division (B)(1) of this section and	6145
the factors specified in division (B)(3) of this section, the	6146
court shall determine by clear and convincing evidence whether the	6147
subject offender or delinquent child is a sexual predator. If the	6148
court determines that the subject offender or delinquent child is	6149
not a sexual predator, the court shall specify in the offender's	6150
sentence and the judgment of conviction that contains the sentence	6151
or in the delinquent child's dispositional order, as appropriate,	6152
that the court has determined that the offender or delinquent	6153
child is not a sexual predator and the reason or reasons why the	6154
court determined that the subject offender or delinquent child is	6155
not a sexual predator. If the court determines by clear and	6156
convincing evidence that the subject offender or delinquent child	6157
is a sexual predator, the court shall specify in the offender's	6158
sentence and the judgment of conviction that contains the sentence	6159
or in the delinquent child's dispositional order, as appropriate,	6160
that the court has determined that the offender or delinquent	6161
child is a sexual predator and shall specify that the	6162
determination was pursuant to division (B) of this section. In any	6163
case in which the sexually oriented offense in question is an	6164
aggravated sexually oriented offense committed on or after the	6165
effective date of this amendment, the court shall specify in the	6166
offender's sentence and the judgment of conviction that contains	6167
the sentence that the offender's offense is an aggravated sexually	6168
oriented offense. The offender or delinquent child and the	6169
prosecutor who prosecuted the offender or handled the case against	6170
the delinquent child for the sexually oriented offense in question	6171
may appeal as a matter of right the court's determination under	6172
this division as to whether the offender or delinquent child is,	6173
or is not, a sexual predator.	6174

(5) A hearing shall not be conducted under division (B) of	6175
this section regarding an offender if the sexually oriented	6176
offense in question is a sexually violent offense, if the	6177
indictment, count in the indictment, or information charging the	6178
offense also included a sexually violent predator specification,	6179
and if the offender is convicted of or pleads guilty to that	6180
sexually violent predator specification.	6181

(C)(1) If a person was convicted of or pleaded guilty to a	6182
sexually oriented offense that is not a registration-exempt	6183
sexually oriented offense prior to January 1, 1997, if the person	6184
was not sentenced for the offense on or after January 1, 1997, and	6185
if, on or after January 1, 1997, the offender is serving a term of	6186
imprisonment in a state correctional institution, the department	6187
of rehabilitation and correction shall do whichever of the	6188
following is applicable:	6189

(a) If the sexually oriented offense was an offense described	6190
in division (D)(1)(c) of section 2950.01 of the Revised Code or	6191
was a violent sex offense, the department shall notify the court	6192
that sentenced the offender of this fact, and the court shall	6193
conduct a hearing to determine whether the offender is a sexual	6194
predator.	6195

(b) If division (C)(1)(a) of this section does not apply, the	6196
department shall determine whether to recommend that the offender	6197
be adjudicated as being a sexual predator. In making a	6198
determination under this division as to whether to recommend that	6199
the offender be adjudicated as being a sexual predator, the	6200
department shall consider all relevant factors, including, but not	6201
limited to, all of the factors specified in divisiondivisions	6202
(B)(2) and (3) of this section. If the department determines that	6203
it will recommend that the offender be adjudicated as being a	6204
sexual predator, it immediately shall send the recommendation to	6205
the court that sentenced the offender and. If the department	6206
determines that it will not recommend that the offender be	6207
adjudicated a sexual predator, it immediately shall send its	6208
determination to the court that sentenced the offender. In all	6209
cases, the department shall enter its determination and	6210
recommendation in the offender's institutional record, and the	6211
court shall proceed in accordance with division (C)(2) of this	6212
section.	6213

(2)(a) If the department of rehabilitation and correction	6214
sends to a court a notice under division (C)(1)(a) of this	6215
section, the court shall conduct a hearing to determine whether	6216
the subject offender is a sexual predator. If, pursuant to	6217
division (C)(1)(b) of this section, the department of	6218
rehabilitation and correction sends to a court a recommendation	6219
that an offender who has been convicted of or pleaded guilty to a	6220
sexually oriented offense be adjudicated as being a sexual	6221
predator, the court is not bound by the department's	6222
recommendation, and the court mayshall conduct a hearing to	6223
determine whether the offender is a sexual predator. TheIn any	6224
case, the court may deny the recommendation and determine that the	6225
offender is not a sexual predator without a hearing but shall not	6226
make a determination thatas to whether the offender is, or is	6227
not, a sexual predator in any case without a hearing. The court	6228
may hold the hearing and make the determination prior to the	6229
offender's release from imprisonment or at any time within one	6230
year following the offender's release from that imprisonment. If	6231
the court determines without a hearing that the offender is not a	6232
sexual predator, it shall include its determination in the	6233
offender's institutional record and	6234

(b) If, pursuant to division (C)(1)(b) of this section, the	6235
department sends to the court a determination that it is not	6236
recommending that an offender be adjudicated a sexual predator,	6237
the court shall not make any determination as to whether the	6238
offender is, or is not, a sexual predator but shall determine	6239
whether the offender previously has been convicted of or pleaded	6240
guilty to a sexually oriented offense other than the offense in	6241
relation to which the court determined that the offender is not a	6242
sexual predatordepartment made its determination or previously	6243
has been convicted of or pleaded guilty to a child-victim oriented	6244
offense.	6245

The court may make the determination as toconduct a hearing	6246
to determine whether the offender previously has been convicted of	6247
or pleaded guilty to a sexually oriented offense or a	6248
child-victim oriented offense but may make the determination	6249
without a hearing, but. However, if the court determines that the	6250
offender previously has been convicted of or pleaded guilty to	6251
such an offense, it shall not impose a requirement that the	6252
offender be subject to the community notification provisions	6253
regarding the offender's place of residence that are contained in	6254
sections 2950.10 and 2950.11 of the Revised Code without a	6255
hearing. The court may conduct a hearing to determine both whether	6256
the offender previously has been convicted of or pleaded guilty to	6257
a sexually oriented offense and whether to impose a requirement	6258
that the offender be subject to the community notification	6259
provisions as described in this division, or may conduct a hearing	6260
solely to make the latter determination.In determining whether to	6261
impose the community notification requirement, the court, in the	6262
circumstances described in division (E)(2) of this section, shall	6263
apply the presumption specified in that division. The court shall	6264
include in the offender's institutional record any determination	6265
made under this division as to whether the offender previously has	6266
been convicted of or pleaded guilty to a sexually oriented offense	6267
or child-victim oriented offense, and, as such, whether the	6268
offender is a habitual sex offender.	6269

(b) If the court schedules(c) Upon scheduling a hearing	6270
under division (C)(2)(a) or (b) of this section, the court shall	6271
give the offender and the prosecutor who prosecuted the offender	6272
for the sexually oriented offense, or that prosecutor's successor	6273
in office, notice of the date, time, and place of the hearing. If	6274
the hearing is scheduled under division (C)(2)(a) of this section	6275
to determine whether the offender is a sexual predator, itthe	6276
prosecutor who is given the notice may contact the department of	6277
rehabilitation and correction and request that the department	6278
provide to the prosecutor all information the department possesses	6279
regarding the offender that is relevant and necessary for use in	6280
making the determination as to whether the offender is a sexual	6281
predator and that is not privileged or confidential under law. If	6282
the prosecutor makes a request for that information, the	6283
department promptly shall provide to the prosecutor all	6284
information the department possesses regarding the offender that	6285
is not privileged or confidential under law and that is relevant	6286
and necessary for making that determination. A hearing scheduled	6287
under division (C)(2)(a) of this section to determine whether the	6288
offender is a sexual predator shall be conducted in the manner	6289
described in division (B)(1) of this section regarding hearings	6290
conducted under that division and, in making a determination under	6291
this division as to whether the offender is a sexual predator, the	6292
court shall consider all relevant factors, including, but not	6293
limited to, all of the factors specified in divisiondivisions	6294
(B)(2) and (3) of this section. After reviewing all testimony and	6295
evidence presented at the sexual predator hearing and the factors	6296
specified in divisiondivisions (B)(2) and (3) of this section,	6297
the court shall determine by clear and convincing evidence whether	6298
the offender is a sexual predator. If the court determines at the	6299
sexual predator hearing that the offender is not a sexual	6300
predator, it also shall determine whether the offender previously	6301
has been convicted of or pleaded guilty to a sexually oriented	6302
offense other than the offense in relation to which the hearing is	6303
being conducted.	6304

Upon making its determinations at the sexual predator	6305
hearing, the court shall proceed as follows:	6306

(i) If the hearing is to determine whether the offender is a	6307
sexual predator, and if the court determines that the offender is	6308
not a sexual predator and that the offender previously has not	6309
been convicted of or pleaded guilty to a sexually oriented offense	6310
other than the offense in relation to which the hearing is being	6311
conducted and previously has not been convicted of or pleaded	6312
guilty to a child-victim oriented offense, it shall include its	6313
determinations in the offender's institutional record its	6314
determinations and the reason or reasons why it determined that	6315
the offender is not a sexual predator.	6316

(ii) If the hearing is to determine whether the offender is a	6317
sexual predator, and if the court determines that the offender is	6318
not a sexual predator but that the offender previously has been	6319
convicted of or pleaded guilty to a sexually oriented offense	6320
other than the offense in relation to which the hearing is being	6321
conducted or previously has been convicted of or pleaded guilty to	6322
a child-victim oriented offense, it shall include its	6323
determination that the offender is not a sexual predator but is a	6324
habitual sex offender in the offender's institutional record its	6325
determination that the offender is not a sexual predator but is a	6326
habitual sex offender and the reason or reasons why it determined	6327
that the offender is not a sexual predator, shall attach the	6328
determinations and the reason or reasons to the offender's	6329
sentence, shall specify that the determinations were pursuant to	6330
division (C) of this section, shall provide a copy of the	6331
determinations and the reason or reasons to the offender, to the	6332
prosecuting attorney, and to the department of rehabilitation and	6333
correction, and may impose a requirement that the offender be	6334
subject to the community notification provisions regarding the	6335
offender's place of residence that are contained in sections	6336
2950.10 and 2950.11 of the Revised Code. In determining whether to	6337
impose the community notification requirements, the court, in the	6338
circumstances described in division (E)(2) of this section, shall	6339
apply the presumption specified in that division. The offender	6340
shall not be subject to those community notification provisions	6341
relative to the sexually oriented offense in question if the court	6342
does not so impose the requirement described in this division. If	6343
the court imposes those community notification provisionsthat	6344
requirement, the offender may appeal the judge's determination	6345
that the offender is a habitual sex offender.	6346

(iii) If the hearing is to determine whether the offender	6347
previously has been convicted of or pleaded guilty to a sexually	6348
oriented offense other than the offense in relation to which the	6349
hearing is being conducted and whether to impose a requirement	6350
that the offender be subject to the specified community	6351
notification provisions, and if the court determines that the	6352
offender previously has been convicted of or pleaded guilty to	6353
such an offense, the court shall proceed as described in division	6354
(C)(2)(b)(ii) of this section and may impose a community	6355
notification requirement as described in that division. The	6356
offender shall not be subject to the specified community	6357
notification provisions relative to the sexually oriented offense	6358
in question if the court does not so impose the requirement	6359
described in that division. If the court imposes those community	6360
notification provisions, the offender may appeal the judge's	6361
determination that the offender is a habitual sex offender.	6362

(iv) If the court determined without a hearing that the	6363
offender previously has been convicted of or pleaded guilty to a	6364
sexually oriented offense other than the offense in relation to	6365
which the court determined that the offender is not a sexual	6366
predator, and, as such, is a habitual sex offender, and the	6367
hearing is solely to determine whether to impose a requirement	6368
that the offender be subject to the specified community	6369
notification provisions, after the hearing, the court may impose a	6370
community notification requirement as described in division	6371
(C)(2)(b)(ii) of this section. The offender shall not be subject	6372
to the specified community notification provisions relative to the	6373
sexually oriented offense in question if the court does not so	6374
impose the requirement described in that division. If the court	6375
imposes those community notification provisions, the offender may	6376
appeal the judge's determination that the offender is a habitual	6377
sex offender.	6378

(v) If the hearing is to determine whether the offender is a	6379
sexual predator, and if the court determines by clear and	6380
convincing evidence that the offender is a sexual predator, it	6381
shall enter its determination in the offender's institutional	6382
record, shall attach the determination to the offender's sentence,	6383
shall specify that the determination was pursuant to division (C)	6384
of this section, and shall provide a copy of the determination to	6385
the offender, to the prosecuting attorney, and to the department	6386
of rehabilitation and correction. The offender and the prosecutor	6387
may appeal as a matter of right the judge's determination under	6388
this divisiondivisions (C)(2)(a) and (c) of this section as to	6389
whether the offender is, or is not, a sexual predator.	6390

If the hearing is scheduled under division (C)(2)(b) of this	6391
section to determine whether the offender previously has been	6392
convicted of or pleaded guilty to a sexually oriented offense or a	6393
child-victim oriented offense or whether to subject the offender	6394
to the community notification provisions contained in sections	6395
2950.10 and 2950.11 of the Revised Code, upon making the	6396
determination, the court shall attach the determination or	6397
determinations to the offender's sentence, shall provide a copy to	6398
the offender, to the prosecuting attorney, and to the department	6399
of rehabilitation and correction and may impose a requirement that	6400
the offender be subject to the community notification provisions.	6401
In determining whether to impose the community notification	6402
requirements, the court, in the circumstances described in	6403
division (E)(2) of this section, shall apply the presumption	6404
specified in that division. The offender shall not be subject to	6405
the community notification provisions relative to the sexually	6406
oriented offense in question if the court does not so impose the	6407
requirement described in this division. If the court imposes that	6408
requirement, the offender may appeal the judge's determination	6409
that the offender is a habitual sex offender.	6410

(3) The changes made in divisions (C)(1) and (2) of this	6411
section that take effect on the effective date of this amendment	6412
do not require a court to conduct a new hearing under those	6413
divisions for any offender regarding a sexually oriented offense	6414
if, prior to the effective date of this amendment, the court	6415
previously conducted a hearing under those divisions regarding	6416
that offense to determine whether the offender was a sexual	6417
predator. The changes made in divisions (C)(1) and (2) of this	6418
section that take effect on the effective date of this amendment	6419
do not require a court to conduct a hearing under those divisions	6420
for any offender regarding a sexually oriented offense if, prior	6421
to the effective date of this amendment and pursuant to those	6422
divisions, the department of rehabilitation and correction	6423
recommended that the offender be adjudicated a sexual predator	6424
regarding that offense, and the court denied the recommendation	6425
and determined that the offender was not a sexual predator without	6426
a hearing, provided that this provision does not apply if the	6427
sexually oriented offense in question was an offense described in	6428
division (D)(1)(c) of section 2950.01 of the Revised Code.	6429

(D)(1) Division (D)(1) of this section appliesdoes not apply	6430
to personsany person who havehas been convicted of or pleaded	6431
guilty to a sexually oriented offense and also. Division (D) of	6432
this section applies only to delinquent children as provided in	6433
Chapter 2152. of the Revised Code. A person who has been	6434
adjudicated a delinquent child for committing a sexually oriented	6435
offense that is not a registration-exempt sexually oriented	6436
offense and who has been classified by a juvenile court judge a	6437
juvenile sex offender registrant or, if applicable, additionally	6438
has been determined by a juvenile court judge to be a sexual	6439
predator or habitual sex offender, may petition the adjudicating	6440
court for a reclassification or declassification pursuant to	6441
section 2152.85 of the Revised Code.	6442

Upon the expiration of the applicable period of time	6443
specified in division (D)(1)(a) or (b) of this section, an	6444
offender who has been convicted of or pleaded guilty to a sexually	6445
oriented offense and who has been adjudicated as being a sexual	6446
predator relative to the sexually oriented offense in the manner	6447
described in division (B) or (C) of this section may petition the	6448
judge who made the determination that the offender was a sexual	6449
predator, or that judge's successor in office, to enter a	6450
determination that the offender no longer is a sexual predator.	6451
Upon the filing of the petition, the judge may review the prior	6452
sexual predator determination that comprises the sexual predator	6453
adjudication, and, upon consideration ofA judge who is reviewing	6454
a sexual predator determination for a delinquent child under	6455
section 2152.84 or 2152.85 of the Revised Code shall comply with	6456
this section. At the hearing, the judge shall consider all	6457
relevant evidence and information, including, but not limited to,	6458
the factors set forth in division (B)(3) of this section, either	6459
shall enter a determination that the offender no longer is a	6460
sexual predator or shall enter an order denying the petition. The	6461
judge shall not enter a determination under this division that the	6462
offenderdelinquent child no longer is a sexual predator unless	6463
the judge determines by clear and convincing evidence that the	6464
offenderdelinquent child is unlikely to commit a sexually	6465
oriented offense in the future. If the judge enters a	6466
determination under this division that the offenderdelinquent	6467
child no longer is a sexual predator, the judge shall notify the	6468
bureau of criminal identification and investigation and the parole	6469
board of the determination and shall include in the notice a	6470
statement of the reason or reasons why it determined that the	6471
delinquent child no longer is a sexual predator. Upon receipt of	6472
the notification, the bureau promptly shall notify the sheriff	6473
with whom the offenderdelinquent child most recently registered	6474
under section 2950.04 or 2950.05 of the Revised Code of the	6475
determination that the offenderdelinquent child no longer is a	6476
sexual predator. If the judge enters a determination under this	6477
division that the offender no longer is a sexual predator and if	6478
the offender has a duty to register under section 2950.04 of the	6479
Revised Code resulting from the offender's conviction of or plea	6480
of guilty to committing on or after the effective date of this	6481
amendment an aggravated sexually oriented offense, the entry of	6482
the determination under this division does not affect any duties	6483
imposed upon the offender under this chapter as a result of that	6484
conviction of or plea of guilty to the aggravated sexually	6485
oriented offense. If the judge enters an order denying the	6486
petition, the prior adjudication of the offender as a sexual	6487
predator shall remain in effect. An offender determined to be a	6488
sexual predator in the manner described in division (B) or (C) of	6489
this section may file a petition under this division after the	6490
expiration of the following periods of time:	6491

(a) Regardless of when the sexually oriented offense was	6492
committed, if, on or after January 1, 1997, the offender is	6493
imprisoned or sentenced to a prison term or other confinement for	6494
the sexually oriented offense in relation to which the	6495
determination was made, the offender initially may file the	6496
petition not earlier than one year prior to the offender's release	6497
from the imprisonment, prison term, or other confinement by	6498
discharge, parole, judicial release, or any other final release.	6499
If the offender is sentenced on or after January 1, 1997, for the	6500
sexually oriented offense in relation to which the determination	6501
is made and is not imprisoned or sentenced to a prison term or	6502
other confinement for the sexually oriented offense, the offender	6503
initially may file the petition upon the expiration of one year	6504
after the entry of the offender's judgment of conviction.	6505

(b) After the offender's initial filing of a petition under	6506
division (D)(1)(a) of this section, thereafter, an offender may	6507
file a petition under this division upon the expiration of five	6508
years after the court has entered an order denying the petition	6509
under division (D)(1)(a) of this section or the most recent	6510
petition the offender has filed under this division.	6511

(2) Except as otherwise provided in this division, division	6512
(D)(1) of this section does not apply to a person who is	6513
classified as a sexual predator pursuant to division (A) of this	6514
section. If a person who is so classified was sentenced to a	6515
prison term pursuant to division (A)(3) of section 2971.03 of the	6516
Revised Code and if the sentencing court terminates the offender's	6517
prison term as provided in division (D) of section 2971.05 of the	6518
Revised Code, the court's termination of the prison term	6519
automatically shall constitute a determination by the court that	6520
the offender no longer is a sexual predator. However, if there is	6521
a determination under this division that the offender no longer is	6522
a sexual predator and if the offender has a duty to register under	6523
section 2950.04 of the Revised Code resulting from the offender's	6524
conviction of or plea of guilty to committing on or after the	6525
effective date of this amendment an aggravated sexually oriented	6526
offense, the determination under this division does not affect any	6527
duties imposed upon the offender under this chapter as a result of	6528
that conviction of or plea of guilty to the aggravated sexually	6529
oriented offense. If the court so terminates the offender's prison	6530
term, the court shall notify the bureau of criminal identification	6531
and investigation and the parole board of the determination that	6532
the offender no longer is a sexual predator. Upon receipt of the	6533
notification, the bureau promptly shall notify the sheriff with	6534
whom the offender most recently registered under section 2950.04	6535
or 2950.05 of the Revised Code that the offender no longer is a	6536
sexual predator. If an offender who has been convicted of or	6537
pleaded guilty to a sexually oriented offense is classified as a	6538
sexual predator pursuant to division (A) of this section is	6539
released from prison pursuant to a pardon or commutationor has	6540
been adjudicated a sexual predator relative to the offense as	6541
described in division (B) or (C) of this section, subject to	6542
division (F) of this section, the classification or adjudication	6543
of the offender as a sexual predator shall remain in effect after	6544
the offender's release, and the offender may file one or more	6545
petitions in accordance with the procedures and time limitations	6546
contained in division (D)(1) of this section for a determination	6547
that the offender no longer is a sexual predatoris permanent and	6548
continues in effect until the offender's death and in no case	6549
shall the classification or adjudication be removed or terminated.	6550

(E)(1) If a person is convicted of or pleads guilty to	6551
committing, on or after January 1, 1997, a sexually oriented	6552
offense that is not a registration-exempt sexually oriented	6553
offense, the judge who is to impose sentence on the offender shall	6554
determine, prior to sentencing, whether the offender previously	6555
has been convicted of or pleaded guilty to, or adjudicated a	6556
delinquent child for committing, a sexually oriented offense or a	6557
child-victim oriented offense and is a habitual sex offender. The	6558
judge who is to impose or has imposed an order of disposition upon	6559
a child who is adjudicated a delinquent child for committing on or	6560
after January 1, 2002, a sexually oriented offense that is not a	6561
registration-exempt sexually oriented offense shall determine,	6562
prior to entering the order classifying the delinquent child a	6563
juvenile sex offender registrant, whether the delinquent child	6564
previously has been convicted of or pleaded guilty to, or	6565
adjudicated a delinquent child for committing, a sexually oriented	6566
offense or a child-victim oriented offense and is a habitual sex	6567
offender, if either of the following applies:	6568

(a) The judge is required by section 2152.82 or division (A)	6569
of section 2152.83 of the Revised Code to classify the child a	6570
juvenile sex offender registrant;	6571

(b) Division (B) of section 2152.83 of the Revised Code	6572
applies regarding the child, the judge conducts a hearing under	6573
that division for the purposes described in that division, and the	6574
judge determines at that hearing that the child will be classified	6575
a juvenile sex offender registrant.	6576

(2) If, under division (E)(1) of this section, the judge	6577
determines that the offender or delinquent child previously has	6578
not been convicted of or pleaded guilty to, or been adjudicated a	6579
delinquent child for committing, a sexually oriented offense or a	6580
child-victim oriented offense or that the offender otherwise does	6581
not satisfy the criteria for being a habitual sex offender, the	6582
judge shall specify in the offender's sentence or in the order	6583
classifying the delinquent child a juvenile sex offender	6584
registrant that the judge has determined that the offender or	6585
delinquent child is not a habitual sex offender. If	6586

If, under division (E)(1) of this section, the judge	6587
determines that the offender or delinquent child previously has	6588
been convicted of or pleaded guilty to, or been adjudicated a	6589
delinquent child for committing, a sexually oriented offense or a	6590
child-victim oriented offense and that the offender satisfies all	6591
other criteria for being a habitual sex offender, the offender or	6592
delinquent child is a habitual sex offender or habitual	6593
child-victim offender and the court shall determine whether to	6594
impose a requirement that the offender or delinquent child be	6595
subject to the community notification provisions contained in	6596
sections 2950.10 and 2950.11 of the Revised Code. In making the	6597
determination regarding the possible imposition of the community	6598
notification requirement, if at least two of the sexually oriented	6599
offenses or child-victim oriented offenses that are the basis of	6600
the habitual sex offender or habitual child-victim offender	6601
determination were committed against a victim who was under	6602
eighteen years of age, it is presumed that subjecting the offender	6603
or delinquent child to the community notification provisions is	6604
necessary in order to comply with the determinations, findings,	6605
and declarations of the general assembly regarding sex offenders	6606
and child-victim offenders that are set forth in section 2950.02	6607
of the Revised Code. When a judge determines as described in this	6608
division that an offender or delinquent child is a habitual sex	6609
offender or a habitual child-victim offender, the judge shall	6610
specify in the offender's sentence and the judgment of conviction	6611
that contains the sentence or in the order classifying the	6612
delinquent child a juvenile sex offender registrant that the judge	6613
has determined that the offender or delinquent child is a habitual	6614
sex offender and may impose a requirement in that sentence and	6615
judgment of conviction or in that order that the offender or	6616
delinquent child be subject to the community notification	6617
provisions regarding the offender's or delinquent child's place of	6618
residence that are contained in sections 2950.10 and 2950.11 of	6619
the Revised Code. Unless the habitual sex offender also has been	6620
adjudicated as being a sexual predator relative to the sexually	6621
oriented offense in question or the habitual sex offender was	6622
convicted of or pleaded guilty to an aggravated sexually oriented	6623
offense that was committed on or after the effective date of this	6624
amendment, the offender or delinquent child shall be subject to	6625
those community notification provisions only if the court imposes	6626
the requirement described in this division in the offender's	6627
sentence and the judgment of conviction or in the order	6628
classifying the delinquent child a juvenile sex offender	6629
registrant. If the court determines pursuant to this division or	6630
division (C)(2) of this section that an offender is a habitual sex	6631
offender, the determination is permanent and continues in effect	6632
until the offender's death, and in no case shall the determination	6633
be removed or terminated.	6634

If a court in another state, a federal court, military court,	6635
or Indian tribal court, or a court in any nation other than the	6636
United States determines a person to be a habitual sex offender in	6637
that jurisdiction, the person is considered to be determined to be	6638
a habitual sex offender in this state. If the court in the other	6639
state, the federal court, military court, or Indian tribal court,	6640
or the court in the nation other than the United States subjects	6641
the habitual sex offender to community notification regarding the	6642
person's place of residence, the person, as much as is	6643
practicable, is subject to the community notification provisions	6644
regarding the person's place of residence that are contained in	6645
sections 2950.10 and 2950.11 of the Revised Code, unless the court	6646
that so subjected the person to community notification determines	6647
that the person no longer is subject to community notification.	6648

(F)(1) An offender or delinquent child classified as a sexual	6649
predator may petition the court of common pleas or, for a	6650
delinquent child, the juvenile court of the county in which the	6651
offender or delinquent child resides or temporarily is domiciled	6652
to enter a determination that the offender or delinquent child is	6653
not an adjudicated sexual predator in this state for purposes of	6654
the sex offender registration and other requirements of this	6655
chapter or the community notification provisions contained in	6656
sections 2950.10 and 2950.11 of the Revised Code if all of the	6657
following apply:	6658

(a) The offender or delinquent child was convicted of,	6659
pleaded guilty to, or was adjudicated a delinquent child for	6660
committing, a sexually oriented offense that is not a	6661
registration-exempt sexually oriented offense in another state or,	6662
in a federal court, a military court, or an Indian tribal court,	6663
or in a court of any nation other than the United States.	6664

(b) As a result of the conviction, plea of guilty, or	6665
adjudication described in division (F)(1)(a) of this section, the	6666
offender or delinquent child is required under the law of the	6667
jurisdiction under which the offender or delinquent child was	6668
convicted, pleaded guilty, or was adjudicated to register as a sex	6669
offender until the offender's or delinquent child's death and is	6670
required to verify the offender's or delinquent child's address on	6671
at least a quarterly basis each year.	6672

(c) The offender or delinquent child was automatically	6673
classified as a sexual predator under division (A) of this section	6674
in relation to the conviction, guilty plea, or adjudication	6675
described in division (F)(1)(a) of this section.	6676

(2) The court may enter a determination that the offender or	6677
delinquent child filing the petition described in division (F)(1)	6678
of this section is not an adjudicated sexual predator in this	6679
state for purposes of the sex offender registration and other	6680
requirements of this chapter or the community notification	6681
provisions contained in sections 2950.10 and 2950.11 of the	6682
Revised Code only if the offender or delinquent child proves by	6683
clear and convincing evidence that the requirement of the other	6684
jurisdiction that the offender or delinquent child register as a	6685
sex offender until the offender's or delinquent child's death and	6686
the requirement that the offender or delinquent child verify the	6687
offender's or delinquent child's address on at least a quarterly	6688
basis each year is not substantially similar to a classification	6689
as a sexual predator for purposes of this chapter. If the court	6690
enters a determination that the offender or delinquent child is	6691
not an adjudicated sexual predator in this state for those	6692
purposes, the court shall include in the determination a statement	6693
of the reason or reasons why it so determined.	6694

(G) If, prior to the effective date of this section, an	6695
offender or delinquent child was adjudicated a sexual predator or	6696
was determined to be a habitual sex offender under this section or	6697
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	6698
and if, on and after the effective date of this amendment, the	6699
sexually oriented offense upon which the classification or	6700
determination was based no longer is considered a sexually	6701
oriented offense but instead is a child-victim oriented offense,	6702
notwithstanding the redesignation of that offense, on and after	6703
the effective date of this amendment, all of the following apply:	6704

(1) Divisions (A)(1) or (2) or (E)(1) and (2) of section	6705
2950.091 of the Revised Code apply regarding the offender or	6706
child, and the judge's classification or determination made prior	6707
to the effective date of this amendment shall be considered for	6708
all purposes to be a classification or determination that	6709
classifies the offender or child as described in those divisions.	6710

(2) The offender's or child's classification or determination	6711
under divisions (A)(1) or (2) or (E)(1) and (2) of section	6712
2950.091 of the Revised Code shall be considered, for purposes of	6713
section 2950.07 of the Revised Code and for all other purposes, to	6714
be a continuation of the classification or determination made	6715
prior to the effective date of this amendment.	6716

(3) The offender's or child's duties under this chapter	6717
relative to that classification or determination shall be	6718
considered for all purposes to be a continuation of the duties	6719
related to that classification or determination as they existed	6720
prior to the effective date of this amendment.	6721

Sec. 2950.091.  (A)(1) If, prior to the effective date of	6722
this section, a person was convicted of, pleaded guilty to, or was	6723
adjudicated a delinquent child for committing, a sexually oriented	6724
offense, if, prior to the effective date of this section, the	6725
offender or delinquent child was classified a sexual predator in	6726
relation to that offense pursuant to division (A) of section	6727
2950.09 of the Revised Code, and if, on and after the effective	6728
date of this section, the sexually oriented offense upon which the	6729
classification was based no longer is considered a sexually	6730
oriented offense but instead is a child-victim oriented offense,	6731
notwithstanding the redesignation of the offense, the	6732
classification of the offender or child as a sexual predator	6733
remains valid and in effect on and after the effective date of	6734
this section.	6735

(2) If, prior to the effective date of this section, a person	6736
was convicted of, pleaded guilty to, or was adjudicated a	6737
delinquent child for committing a sexually oriented offense, if,	6738
prior to the effective date of this section, the offender or	6739
delinquent child was adjudicated a sexual predator in relation to	6740
that offense under section 2950.09 or section 2152.82, 2152.83,	6741
2152.84, or 2152.85 of the Revised Code, if, on and after the	6742
effective date of this section, the sexually oriented offense upon	6743
which the adjudication was based no longer is considered a	6744
sexually oriented offense but instead is a child-victim oriented	6745
offense, and if division (A)(1) of this section does not apply,	6746
notwithstanding the redesignation of the offense, on and after the	6747
effective date of this section, the offender or delinquent child	6748
automatically is classified a child-victim predator. If a person	6749
is convicted, pleads guilty, or adjudicated a delinquent child in	6750
a court of another state, in a federal court, military court, or	6751
Indian tribal court, or in a court of any nation other than the	6752
United States for committing a child-victim oriented offense, and	6753
if, as a result of that conviction, plea of guilty, or	6754
adjudication, the person is required under the law of the	6755
jurisdiction in which the person was convicted, pleaded guilty, or	6756
adjudicated to register as a child-victim offender or sex offender	6757
until the person's death, that conviction, plea of guilty, or	6758
adjudication automatically classifies the person a child-victim	6759
predator for the purposes of this chapter, but the person may	6760
challenge that classification pursuant to division (F) of this	6761
section.	6762

(3) In all cases not described in division (A)(1) or (2) of	6763
this section, a person who is convicted of or pleads guilty to,	6764
has been convicted of or pleaded guilty to, or is adjudicated a	6765
delinquent child for committing a child-victim oriented offense	6766
may be classified a child-victim predator for purposes of this	6767
chapter only in accordance with division (B) or (C) of this	6768
section or, regarding delinquent children, divisions (B) and (C)	6769
of section 2152.83 of the Revised Code.	6770

(B)(1)(a) Regardless of when the offense was committed, the	6771
judge who is to impose sentence on or after the effective date of	6772
this section on an offender who has been convicted of or pleaded	6773
guilty to a child-victim oriented offense shall conduct a hearing	6774
to determine whether the offender is a child-victim predator.	6775

(b) The judge who is to impose or has imposed an order of	6776
disposition upon a child who is adjudicated a delinquent child for	6777
committing on or after the effective date of this section a	6778
child-victim oriented offense shall conduct a hearing as provided	6779
in this division to determine whether the child is to be	6780
classified as a child-victim predator if either of the following	6781
applies:	6782

(i) The judge is required by section 2152.82 or division (A)	6783
of section 2152.83 of the Revised Code to classify the child a	6784
juvenile offender registrant.	6785

(ii) Division (B) of section 2152.83 of the Revised Code	6786
applies regarding the child, the judge conducts a hearing under	6787
that division for the purposes described in that division, and the	6788
judge determines at that hearing that the child will be classified	6789
a juvenile offender registrant.	6790

(2) Regarding an offender, the judge shall conduct the	6791
hearing required by division (B)(1)(a) of this section prior to	6792
sentencing and, if the child-victim oriented offense is a felony	6793
and if the hearing is being conducted under division (B)(1)(a) of	6794
this section, the judge may conduct it as part of the sentencing	6795
hearing required by section 2929.19 of the Revised Code. Regarding	6796
a delinquent child, the judge may conduct the hearing required by	6797
division (B)(1)(b) of this section at the same time as, or	6798
separate from, the dispositional hearing, as specified in the	6799
applicable provision of section 2152.82 or 2152.83 of the Revised	6800
Code. The court shall give the offender or delinquent child and	6801
the prosecutor who prosecuted the offender or handled the case	6802
against the delinquent child for the child-victim oriented offense	6803
notice of the date, time, and location of the hearing. At the	6804
hearing, the offender or delinquent child and the prosecutor have	6805
the same opportunities and rights as described in division (B)(2)	6806
of section 2950.09 of the Revised Code regarding sexual predator	6807
hearings.	6808

(3) In making a determination under divisions (B)(1) and (4)	6809
of this section as to whether an offender or delinquent child is a	6810
child-victim predator, the judge shall consider all relevant	6811
factors, including, but not limited to, all of the factors	6812
identified in division (B)(3) of section 2950.09 of the Revised	6813
Code regarding sexual predator hearings, except that all	6814
references in the factors so identified in that division to any	6815
"sexual offense" or "sexually oriented offense" shall be construed	6816
for purposes of this division as being references to a	6817
"child-victim oriented offense" and all references in the factors	6818
so identified to "sexual offenders" shall be construed for	6819
purposes of this division as being references to "child-victim	6820
offenders."	6821

(4) After reviewing all testimony and evidence presented at	6822
the hearing conducted under division (B)(1) of this section and	6823
the factors specified in division (B)(3) of this section, the	6824
court shall determine by clear and convincing evidence whether the	6825
subject offender or delinquent child is a child-victim predator.	6826
If the court determines that the subject offender or delinquent	6827
child is not a child-victim predator, the court shall specify in	6828
the offender's sentence and the judgment of conviction that	6829
contains the sentence or in the delinquent child's dispositional	6830
order, as appropriate, that the court has determined that the	6831
offender or delinquent child is not a child-victim predator and	6832
the reason or reasons why the court determined that the subject	6833
offender or delinquent child is not a child-victim predator. If	6834
the court determines by clear and convincing evidence that the	6835
subject offender or delinquent child is a child-victim predator,	6836
the court shall specify in the offender's sentence and the	6837
judgment of conviction that contains the sentence or in the	6838
delinquent child's dispositional order, as appropriate, that the	6839
court has determined that the offender or delinquent child is a	6840
child-victim predator and shall specify that the determination was	6841
pursuant to division (B) of this section. The offender or	6842
delinquent child and the prosecutor who prosecuted the offender or	6843
handled the case against the delinquent child for the child-victim	6844
oriented offense in question may appeal as a matter of right the	6845
court's determination under this division as to whether the	6846
offender or delinquent child is, or is not, a child-victim	6847
predator.	6848

(C)(1) If, prior to the effective date of this section, a	6849
person was convicted of or pleaded guilty to a sexually oriented	6850
offense, if, on and after the effective date of this section, the	6851
sexually oriented offense no longer is considered a sexually	6852
oriented offense but instead is a child-victim oriented offense,	6853
if the person was not sentenced for the offense on or after	6854
January 1, 1997, and if, on or after the effective date of this	6855
section, the offender is serving a term of imprisonment in a state	6856
correctional institution, the department of rehabilitation and	6857
correction shall determine whether to recommend that the offender	6858
be adjudicated a child-victim predator. In making a determination	6859
under this division as to whether to recommend that the offender	6860
be adjudicated a child-victim predator, the department shall	6861
consider all relevant factors, including, but not limited to, all	6862
of the factors specified in divisions (B)(2) and (3) of this	6863
section. If the department determines that it will recommend that	6864
the offender be adjudicated a child-victim predator or determines	6865
that it will not recommend that the offender be adjudicated a	6866
child-victim predator, it immediately shall send its	6867
recommendation or determination to the court that sentenced the	6868
offender. In all cases, the department shall enter its	6869
determination and recommendation in the offender's institutional	6870
record, and the court shall proceed in accordance with division	6871
(C)(2) of this section.	6872

(2)(a) If, pursuant to division (C)(1) of this section, the	6873
department of rehabilitation and correction sends to a court a	6874
recommendation that an offender be adjudicated a child-victim	6875
predator, the court is not bound by the department's	6876
recommendation, and the court shall conduct a hearing to determine	6877
whether the offender is a child-victim predator. In any case, the	6878
court shall not make a determination that the offender is, or is	6879
not, a child-victim predator without a hearing. The court may hold	6880
the hearing and make the determination prior to the offender's	6881
release from imprisonment or at any time within one year following	6882
the offender's release from that imprisonment.	6883

(b) If, pursuant to division (C)(1) of this section, the	6884
department sends to the court a determination that it is not	6885
recommending that an offender be adjudicated a child-victim	6886
predator, the court shall not make any determination as to whether	6887
the offender is, or is not, a child-victim predator but shall	6888
determine whether the offender previously has been convicted of or	6889
pleaded guilty to a child-victim oriented offense other than the	6890
offense in relation to which the department made its	6891
determination.	6892

The court may conduct a hearing to determine whether the	6893
offender previously has been convicted of or pleaded guilty to a	6894
child-victim oriented offense but may make the determination	6895
without a hearing. However, if the court determines that the	6896
offender previously has been convicted of or pleaded guilty to an	6897
offense of that nature, it shall not impose a requirement that the	6898
offender be subject to the community notification provisions	6899
contained in sections 2950.10 and 2950.11 of the Revised Code	6900
without a hearing. The court shall include in the offender's	6901
institutional record any determination made under this division as	6902
to whether the offender previously has been convicted of or	6903
pleaded guilty to a child-victim oriented offense and whether the	6904
offender is a habitual child-victim offender.	6905

(c) Upon scheduling a hearing under division (C)(2)(a) or (b)	6906
of this section, the court shall give the offender and the	6907
prosecutor who prosecuted the offender for the child-victim	6908
oriented offense, or that prosecutor's successor in office, notice	6909
of the date, time, and place of the hearing. If the hearing is	6910
scheduled under division (C)(2)(a) of this section to determine	6911
whether the offender is a child-victim predator, it shall be	6912
conducted in the manner described in division (B)(1) of this	6913
section regarding hearings conducted under that division, and, in	6914
making a determination under this division as to whether the	6915
offender is a child-victim predator, the court shall consider all	6916
relevant factors, including, but not limited to, all of the	6917
factors specified in divisions (B)(2) and (3) of this section.	6918
After reviewing all testimony and evidence presented at the	6919
child-victim predator hearing and the factors specified in	6920
divisions (B)(2) and (3) of this section, the court shall	6921
determine by clear and convincing evidence whether the offender is	6922
a child-victim predator. If the court determines at the	6923
child-victim predator hearing that the offender is not a	6924
child-victim predator, it also shall determine whether the	6925
offender previously has been convicted of or pleaded guilty to a	6926
child-victim oriented offense other than the offense in relation	6927
to which the hearing is being conducted.	6928

Upon making its determinations at the child-victim predator	6929
hearing, the court shall proceed as follows:	6930

(i) If the court determines that the offender is not a	6931
child-victim predator and that the offender previously has not	6932
been convicted of or pleaded guilty to a child-victim oriented	6933
offense other than the offense in relation to which the hearing is	6934
being conducted, it shall include in the offender's institutional	6935
record its determinations and the reason or reasons why it	6936
determined that the offender is not a child-victim predator.	6937

(ii) If the court determines that the offender is not a	6938
child-victim predator but that the offender previously has been	6939
convicted of or pleaded guilty to a child-victim oriented offense	6940
other than the offense in relation to which the hearing is being	6941
conducted, it shall include in the offender's institutional record	6942
its determination that the offender is not a child-victim predator	6943
but is a habitual child-victim offender and the reason or reasons	6944
why it determined that the offender is not a child-victim	6945
predator, shall attach the determinations and the reason or	6946
reasons to the offender's sentence, shall specify that the	6947
determinations were made pursuant to division (C) of this section,	6948
shall provide a copy of the determinations and the reason or	6949
reasons to the offender, to the prosecuting attorney, and to the	6950
department of rehabilitation and correction, and may impose a	6951
requirement that the offender be subject to the community	6952
notification provisions contained in sections 2950.10 and 2950.11	6953
of the Revised Code. The offender shall not be subject to those	6954
community notification provisions relative to the child-victim	6955
oriented offense in question if the court does not so impose the	6956
requirement described in this division. If the court imposes that	6957
requirement, the offender may appeal the judge's determination	6958
that the offender is a habitual child-victim offender.	6959

(iii) If the court determines by clear and convincing	6960
evidence that the offender is a child-victim predator, it shall	6961
enter its determination in the offender's institutional record,	6962
shall attach the determination to the offender's sentence, shall	6963
specify that the determination was made pursuant to division (C)	6964
of this section, and shall provide a copy of the determination to	6965
the offender, to the prosecuting attorney, and to the department	6966
of rehabilitation and correction. The offender and the prosecutor	6967
may appeal as a matter of right the judge's determination under	6968
this division as to whether the offender is, or is not, a	6969
child-victim predator.	6970

If the hearing is scheduled under division (C)(2)(b) of this	6971
section to determine whether the offender previously has been	6972
convicted of or pleaded guilty to a child-victim oriented offense	6973
or whether to subject the offender to the community notification	6974
provisions contained in sections 2950.10 and 2950.11 of the	6975
Revised Code, upon making the determination, the court shall	6976
attach the determination or determinations to the offender's	6977
sentence, shall provide a copy to the offender, to the prosecuting	6978
attorney, and to the department of rehabilitation and correction	6979
and may impose a requirement that the offender be subject to the	6980
community notification provisions. The offender shall not be	6981
subject to the community notification provisions relative to the	6982
child-victim oriented offense in question if the court does not so	6983
impose the requirement described in this division. If the court	6984
imposes that requirement, the offender may appeal the judge's	6985
determination that the offender is a habitual child-victim	6986
offender.	6987

(3) Divisions (C)(1) and (2) of this section do not require a	6988
court to conduct a new hearing under those divisions for any	6989
offender regarding a child-victim oriented offense if, prior to	6990
the effective date of this section, the court previously conducted	6991
a hearing under divisions (C)(1) and (2) of section 2950.09 of the	6992
Revised Code regarding that offense, while it formerly was	6993
classified a sexually oriented offense, to determine whether the	6994
offender was a sexual predator. Divisions (C)(1) and (2) of this	6995
section do not require a court to conduct a hearing under those	6996
divisions for any offender regarding a child-victim oriented	6997
offense if, prior to the effective date of this section and	6998
pursuant to divisions (C)(1) and (2) of section 2950.09 of the	6999
Revised Code, the department of rehabilitation and correction	7000
recommended that the offender be adjudicated a sexual predator	7001
regarding that offense, while it formerly was classified a	7002
sexually oriented offense, and the court denied the recommendation	7003
and determined that the offender was not a sexual predator without	7004
a hearing, provided that this provision does not apply if the	7005
child-victim oriented offense in question was an offense described	7006
in division (D)(1)(c) of section 2950.01 of the Revised Code.	7007

(D)(1) Division (D) of this section does not apply to any	7008
person who has been convicted of or pleaded guilty to a	7009
child-victim oriented offense. Division (D) of this section	7010
applies only to delinquent children as provided in Chapter 2152.	7011
of the Revised Code. A person who has been adjudicated a	7012
delinquent child for committing a child-victim oriented offense	7013
and who has been classified by a juvenile court judge a juvenile	7014
offender registrant or, if applicable, additionally has been	7015
determined by a juvenile court judge to be a child-victim predator	7016
or habitual child-victim offender, may petition the adjudicating	7017
court for a reclassification or declassification pursuant to	7018
section 2152.85 of the Revised Code.	7019

A judge who is reviewing a child-victim predator	7020
determination for a delinquent child under section 2152.84 or	7021
2152.85 of the Revised Code shall comply with this section. At the	7022
hearing, the judge shall consider all relevant evidence and	7023
information, including, but not limited to, the factors set forth	7024
in division (B)(3) of this section. The judge shall not enter a	7025
determination that the delinquent child no longer is a	7026
child-victim predator unless the judge determines by clear and	7027
convincing evidence that the delinquent child is unlikely to	7028
commit a child-victim oriented offense in the future. If the judge	7029
enters a determination under this division that the delinquent	7030
child no longer is a child-victim predator, the judge shall notify	7031
the bureau of criminal identification and investigation of the	7032
determination and shall include in the notice a statement of the	7033
reason or reasons why it determined that the delinquent child no	7034
longer is a child-victim predator. Upon receipt of the	7035
notification, the bureau promptly shall notify the sheriff with	7036
whom the delinquent child most recently registered under section	7037
2950.04 or 2950.05 of the Revised Code of the determination that	7038
the offender no longer is a child-victim predator.	7039

(2) If an offender who has been convicted of or pleaded	7040
guilty to a child-victim oriented offense is classified a	7041
child-victim predator pursuant to division (A) of this section or	7042
has been adjudicated a child-victim predator relative to the	7043
offense as described in division (B) or (C) of this section,	7044
subject to division (F) of this section, the classification or	7045
adjudication of the offender as a child-victim predator is	7046
permanent and continues in effect until the offender's death, and	7047
in no case shall the classification or adjudication be removed or	7048
terminated.	7049

(E)(1) If, prior to the effective date of this section, a	7050
person was convicted of, pleaded guilty to, or adjudicated a	7051
delinquent child for committing a sexually oriented offense, if,	7052
on and after the effective date of this section, the sexually	7053
oriented offense no longer is considered a sexually oriented	7054
offense but instead is a child-victim oriented offense, if, prior	7055
to the effective date of this section, a judge determined that the	7056
offender or delinquent child was a habitual sex offender, and if	7057
one or more of the offenses that was the basis of the offender or	7058
delinquent child being a habitual sex offender remains on and	7059
after the effective date of this section a sexually oriented	7060
offense, notwithstanding the redesignation of the offense as	7061
described in this division, the determination and classification	7062
of that person as a habitual sex offender remains valid and in	7063
effect on and after the effective date of this section.	7064

(2) If, prior to the effective date of this section, a person	7065
was convicted of, pleaded guilty to, or adjudicated a delinquent	7066
child for committing a sexually oriented offense, if, on and after	7067
the effective date of this section, the sexually oriented offense	7068
no longer is considered a sexually oriented offense but instead is	7069
a child-victim oriented offense, if, prior to the effective date	7070
of this section, a judge determined that the offender or	7071
delinquent child was a habitual sex offender, and if none of the	7072
offenses that was the basis of the offender or delinquent child	7073
being a habitual sex offender remains on and after the effective	7074
date of this section a sexually oriented offense, on and after the	7075
effective date of this section, the offender or delinquent child	7076
automatically is classified a habitual child-victim offender.	7077

(3) If a person is convicted of or pleads guilty to	7078
committing a child-victim oriented offense and is to be sentenced	7079
for the offense on or after the effective date of this section,	7080
the judge who is to impose sentence on the offender shall	7081
determine, prior to sentencing, whether the offender previously	7082
has been convicted of or pleaded guilty to, or adjudicated a	7083
delinquent child for committing, a child-victim oriented offense	7084
and is a habitual child-victim offender. The judge who is to	7085
impose or has imposed an order of disposition on or after the	7086
effective date of this section upon a child who is adjudicated a	7087
delinquent child for committing a child-victim oriented offense	7088
shall determine, prior to entering the order classifying the	7089
delinquent child a juvenile child-victim offender registrant,	7090
whether the delinquent child previously has been convicted of or	7091
pleaded guilty to, or adjudicated a delinquent child for	7092
committing, a child-victim oriented offense and is a habitual	7093
child-victim offender, if either of the following applies:	7094

(a) The judge is required by section 2152.82 or division (A)	7095
of section 2152.83 of the Revised Code to classify the child a	7096
juvenile offender registrant.	7097

(b) Division (B) of section 2152.83 of the Revised Code	7098
applies regarding the child, the judge conducts a hearing under	7099
that division for the purposes described in that division, and the	7100
judge determines at that hearing that the child will be classified	7101
a juvenile offender registrant.	7102

(4) If, under division (E)(3) of this section, the judge	7103
determines that the offender or delinquent child previously has	7104
not been convicted of or pleaded guilty to, or been adjudicated a	7105
delinquent child for committing, a child-victim oriented offense	7106
or that the offender otherwise does not satisfy the criteria for	7107
being a habitual child-victim offender, the judge shall specify in	7108
the offender's sentence or in the order classifying the delinquent	7109
child a juvenile child-victim offender registrant that the judge	7110
has determined that the offender or delinquent child is not a	7111
habitual child-victim offender. If the judge determines that the	7112
offender or delinquent child previously has been convicted of or	7113
pleaded guilty to, or been adjudicated a delinquent child for	7114
committing, a child-victim oriented offense and that the offender	7115
satisfies all other criteria for being a habitual child-victim	7116
offender, the judge shall specify in the offender's sentence and	7117
the judgment of conviction that contains the sentence or in the	7118
order classifying the delinquent child a juvenile offender	7119
registrant that the judge has determined that the offender or	7120
delinquent child is a habitual child-victim offender and may	7121
impose a requirement in that sentence and judgment of conviction	7122
or in that order that the offender or delinquent child be subject	7123
to the community notification provisions contained in sections	7124
2950.10 and 2950.11 of the Revised Code. Unless the habitual	7125
child-victim offender also has been adjudicated a child-victim	7126
predator relative to the child-victim oriented offense in	7127
question, the offender or delinquent child shall be subject to	7128
those community notification provisions only if the court imposes	7129
the requirement described in this division in the offender's	7130
sentence and the judgment of conviction or in the order	7131
classifying the delinquent child a juvenile offender registrant.	7132
If the court determines pursuant to this division or division	7133
(C)(2) of this section that an offender is a habitual child-victim	7134
offender, the determination is permanent and continues in effect	7135
until the offender's death, and in no case shall the determination	7136
be removed or terminated.	7137

If a court in another state, a federal court, military court,	7138
or Indian tribal court, or a court in any nation other than the	7139
United States, determines a person is a habitual child-victim	7140
offender in that jurisdiction, the person is considered to be	7141
determined a habitual child-victim offender in this state. If the	7142
court in the other state, the federal court, military court, or	7143
Indian tribal court, or the court in any nation other than the	7144
United States subjects the habitual child-victim offender to	7145
community notification regarding the person's place of residence,	7146
the person, as much as is practicable, is subject to the community	7147
notification provisions regarding the person's place of residence	7148
that are contained in sections 2950.10 and 2950.11 of the Revised	7149
Code, unless the court that so subjected the person to community	7150
notification determines that the person no longer is subject to	7151
community notification.	7152

(F)(1) An offender or delinquent child classified a	7153
child-victim predator may petition the court of common pleas or,	7154
for a delinquent child, the juvenile court of the county in which	7155
the offender or delinquent child resides or temporarily is	7156
domiciled to enter a determination that the offender or delinquent	7157
child is not an adjudicated child-victim predator in this state	7158
for purposes of the registration and other requirements of this	7159
chapter or the community notification provisions contained in	7160
sections 2950.10 and 2950.11 of the Revised Code if all of the	7161
following apply:	7162

(a) The offender or delinquent child was convicted, pleaded	7163
guilty, or adjudicated a delinquent child in a court of another	7164
state, in a federal court, a military court, or Indian tribal	7165
court, or in a court of any nation other than the United States	7166
for committing a child-victim oriented offense.	7167

(b) As a result of the conviction, plea of guilty, or	7168
adjudication described in division (F)(1)(a) of this section, the	7169
offender or delinquent child is required under the law of the	7170
jurisdiction under which the offender or delinquent child was	7171
convicted, pleaded guilty, or was adjudicated to register as a	7172
child-victim offender until the offender's or delinquent child's	7173
death.	7174

(c) The offender or delinquent child was automatically	7175
classified a child-victim predator under division (A) of this	7176
section in relation to the conviction, guilty plea, or	7177
adjudication described in division (F)(1)(a) of this section.	7178

(2) The court may enter a determination that the offender or	7179
delinquent child filing the petition described in division (F)(1)	7180
of this section is not an adjudicated child-victim predator in	7181
this state for purposes of the registration and other requirements	7182
of this chapter or the community notification provisions contained	7183
in sections 2950.10 and 2950.11 of the Revised Code only if the	7184
offender or delinquent child proves by clear and convincing	7185
evidence that the requirement of the other jurisdiction that the	7186
offender or delinquent child register as a child-victim offender	7187
until the offender's or delinquent child's death is not	7188
substantially similar to a classification as a child-victim	7189
predator for purposes of this chapter. If the court enters a	7190
determination that the offender or delinquent child is not an	7191
adjudicated child-victim predator in this state for those	7192
purposes, the court shall include in the determination a statement	7193
of the reason or reasons why it so determined.	7194

Sec. 2950.10.  (A)(1) If a person is convicted of or pleads	7195
guilty to, or has been convicted of or pleaded guilty to, either a	7196
sexually oriented offense that is not a registration-exempt	7197
sexually oriented offense or a child-victim oriented offense or a	7198
person is adjudicated a delinquent child for committing either a	7199
sexually oriented offense that is not a registration-exempt	7200
sexually oriented offense or a child-victim oriented offense and	7201
is classified a juvenile sex offender registrant or is an	7202
out-of-state juvenile sex offender registrant based on that	7203
adjudication, if the offender or delinquent child is in any	7204
category specified in division (B)(1)(a), (b), or (c) of this	7205
section, if the offender or delinquent child registers with a	7206
sheriff pursuant to section 2950.04, 2950.041, or 2950.05 of the	7207
Revised Code, and if the victim of the sexually oriented offense	7208
or child-victim oriented offense has made a request in accordance	7209
with rules adopted by the attorney general that specifies that the	7210
victim would like to be provided the notices described in this	7211
section, the sheriff shall notify the victim of the sexually	7212
oriented offense or child-victim oriented offense, in writing,	7213
that the offender or delinquent child has registered and shall	7214
include in the notice the offender's or delinquent child's name	7215
and residencethe address or addresses of the offender's	7216
residence, school, institution of higher education, or place of	7217
employment, as applicable, or the delinquent child's name and	7218
residence address or addresses. The sheriff shall provide the	7219
notice required by this division to the victim at the most recent	7220
residence address available for that victim, not later than	7221
seventy-two hoursfive days after the offender or delinquent child	7222
registers with the sheriff.	7223

(2) If a person is convicted of or pleads guilty to, or has	7224
been convicted of or pleaded guilty to, either a sexually oriented	7225
offense that is not a registration-exempt sexually oriented	7226
offense or a child-victim oriented offense or a person is	7227
adjudicated a delinquent child for committing either a sexually	7228
oriented offense that is not a registration-exempt sexually	7229
oriented offense or a child-victim oriented offense and is	7230
classified a juvenile sex offender registrant or is an	7231
out-of-state juvenile sex offender registrant based on that	7232
adjudication, if the offender or delinquent child is in any	7233
category specified in division (B)(1)(a), (b), or (c) of this	7234
section, if the offender or delinquent child registers with a	7235
sheriff pursuant to section 2950.04, 2950.041, or 2950.05 of the	7236
Revised Code, if the victim of the sexually oriented offense or	7237
child-victim oriented offense has made a request in accordance	7238
with rules adopted by the attorney general that specifies that the	7239
victim would like to be provided the notices described in this	7240
section, and if the offender or delinquent child notifies the	7241
sheriff of a change of residence, school, institution of higher	7242
education, or place of employment address or the delinquent child	7243
notifies the sheriff of a change of residence address pursuant to	7244
section 2950.05 of the Revised Code, the sheriff shall notify the	7245
victim of the sexually oriented offense or child-victim oriented	7246
offense, in writing, that the offender's or delinquent child's	7247
residence address has changed and shall include in the notice the	7248
offender's or delinquent child's name and the new residence	7249
address or addresses of the offender's residence, school,	7250
institution of higher education, or place of employment, as	7251
applicable, or the delinquent child's name and new residence	7252
address or addresses. The sheriff shall provide the notice	7253
required by this division to the victim at the most recent	7254
residence address available for that victim, no later than	7255
seventy-two hoursfive days after the offender or delinquent child	7256
notifies the sheriff of the change in the offender's or delinquent	7257
child's residence, school, institution of higher education, or	7258
place of employment address.	7259

(3) If a person is convicted of or pleads guilty to, or has	7260
been convicted of or pleaded guilty to, either a sexually oriented	7261
offense that is not a registration-exempt sexually oriented	7262
offense or a child-victim oriented offense or a person is	7263
adjudicated a delinquent child for committing either a sexually	7264
oriented offense that is not a registration-exempt sexually	7265
oriented offense or a child-victim oriented offense and is	7266
classified a juvenile sex offender registrant or is an	7267
out-of-state juvenile sex offender registrant based on that	7268
adjudication, and if the offender or delinquent child is	7269
adjudicated as being a sexual predator relative to the sexually	7270
oriented offense or the offender or delinquent child is determined	7271
pursuant to division (E) of section 2950.09, division (B) of	7272
section 2152.83, section 2152.84, or section 2152.85 of the	7273
Revised Code to be a habitual sex offender and is made subject to	7274
in any category specified in division (B)(1)(a), (b), or (c)of	7275
this section, the victim of the offense may make a request in	7276
accordance with rules adopted by the attorney general pursuant to	7277
section 2950.13 of the Revised Code that specifies that the victim	7278
would like to be provided the notices described in divisions	7279
(A)(1) and (2) of this section. If the victim makes a request in	7280
accordance with those rules, the sheriff described in divisions	7281
(A)(1) and (2) of this section shall provide the victim with the	7282
notices described in those divisions.	7283

(4) If a victim makes a request as described in division	7284
(A)(3) of this section that specifies that the victim would like	7285
to be provided the notices described in divisions (A)(1) and (2)	7286
of this section, all information a sheriff obtains regarding the	7287
victim from or as a result of the request is confidential, and the	7288
information is not a public record open for inspection under	7289
section 149.43 of the Revised Code.	7290

(5) The notices described in divisions (A)(1) and (2) of this	7291
section are in addition to any notices regarding the offender or	7292
delinquent child that the victim is entitled to receive under	7293
Chapter 2930. of the Revised Code.	7294

(B)(1) The duties to provide the notices described in	7295
divisions (A)(1) and (2) of this section apply regarding any	7296
offender or delinquent child who is in any of the following	7297
categories, if the other criteria set forth in division (A)(1) or	7298
(2) of this section, whichever is applicable, are satisfied:	7299

(a) The offender or delinquent child has been adjudicated a	7300
sexual predator relative to the sexually oriented offense for	7301
which the offender or delinquent child has the duty to register	7302
under section 2950.04 of the Revised Code or has been adjudicated	7303
a child-victim predator relative to the child-victim oriented	7304
offense for which the offender or child has the duty to register	7305
under section 2950.041 of the Revised Code, and the court has not	7306
subsequently determined pursuant to division (D) of section	7307
2950.09, section 2152.84, or section 2152.85 of the Revised Code	7308
regarding a delinquent child that the offender or delinquent child	7309
no longer is a sexual predator or no longer is a child-victim	7310
predator, whichever is applicable.	7311

(b) The offender or delinquent child has been determined	7312
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	7313
division (B) of section 2152.83, section 2152.84, or section	7314
2152.85 of the Revised Code to be a habitual sex offender or a	7315
habitual child-victim offender, the court has imposed a	7316
requirement under that division or section subjecting the habitual	7317
sex offender or habitual child-victim offender to this section,	7318
and the determination has not been removed pursuant to section	7319
2152.84 or 2152.85 of the Revised Code regarding a delinquent	7320
child.	7321

(c) The sexually oriented offense for which the offender has	7322
the duty to register under section 2950.04 of the Revised Code is	7323
an aggravated sexually oriented offense committedon or after the	7324
effective date of this amendment, regardless of whether the	7325
offender has been adjudicated a sexual predator relative to the	7326
offense or has been determined to be a habitual sex offender and,	7327
if the offender has been so adjudicated or determined to be a	7328
habitual sex offender, regardless of whether the court has	7329
subsequently determined that the offender no longer is a sexual	7330
predator or whether the habitual sex offender determination has	7331
not been removed as described in division (A)(1)(a) or (b) of this	7332
section.	7333

(2) A victim of a sexually oriented offense that is not a	7334
registration-exempt sexually oriented offense or of a child-victim	7335
oriented offense is not entitled to be provided any notice	7336
described in division (A)(1) or (2) of this section unless the	7337
offender or delinquent child is in a category specified in	7338
division (B)(1)(a), (b), or (c) of this section. A victim of a	7339
sexually oriented offense that is not a registration-exempt	7340
sexually oriented offense or of a child-victim oriented offense is	7341
not entitled to any notice described in division (A)(1) or (2) of	7342
this section unless the victim makes a request in accordance with	7343
rules adopted by the attorney general pursuant to section 2950.13	7344
of the Revised Code that specifies that the victim would like to	7345
be provided the notices described in divisions (A)(1) and (2) of	7346
this section. This division does not affect any rights of a victim	7347
of a sexually oriented offense or child-victim oriented offense to	7348
be provided notice regarding an offender or delinquent child that	7349
are described in Chapter 2930. of the Revised Code.	7350

Sec. 2950.11.  (A) As used in this section, "specified	7351
geographical notification area" means the geographic area or areas	7352
within which the attorney general, by rule adopted under section	7353
2950.13 of the Revised Code, requires the notice described in	7354
division (B) of this section to be given to the persons identified	7355
in divisions (A)(2) to (8) of this section. If a person is	7356
convicted of or pleads guilty to, or has been convicted of or	7357
pleaded guilty to, either a sexually oriented offense that is not	7358
a registration-exempt sexually oriented offense or a child-victim	7359
oriented offense, or a person is adjudicated a delinquent child	7360
for committing either a sexually oriented offense that is not a	7361
registration-exempt sexually oriented offense or a child-victim	7362
oriented offense and is classified a juvenile sex offender	7363
registrant or is an out-of-state juvenile sex offender registrant	7364
based on that adjudication, and if the offender or delinquent	7365
child is in any category specified in division (F)(1)(a), (b), or	7366
(c) of this section, the sheriff with whom the offender or	7367
delinquent child has most recently registered under section	7368
2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff	7369
to whom the offender or delinquent child most recently sent a	7370
notice of intent to reside under section 2950.04 or 2950.041 of	7371
the Revised Code, within the period of time specified in division	7372
(C) of this section, shall provide a written notice containing the	7373
information set forth in division (B) of this section to all of	7374
the following persons described in divisions (A)(1) to (9) of this	7375
section. If the sheriff has sent a notice to the persons described	7376
in those divisions as a result of receiving a notice of intent to	7377
reside and if the offender or delinquent child registers a	7378
residence address that is the same residence address described in	7379
the notice of intent to reside, the sheriff is not required to	7380
send an additional notice when the offender or delinquent child	7381
registers. The sheriff shall provide the notice to all of the	7382
following persons:	7383

(1) All occupants of residences(a) Any occupant of each	7384
residential unit that is located within one thousand feet of the	7385
offender's or delinquent child's place of residenceresidential	7386
premises, that areis located within the county served by the	7387
sheriff, and allthat is not located in a multi-unit building.	7388
Division (D)(3) of this section applies regarding notices required	7389
under this division.	7390

(b) If the offender or delinquent child resides in a	7391
multi-unit building, any occupant of each residential unit that is	7392
located in that multi-unit building and that shares a common	7393
hallway with the offender or delinquent child. For purposes of	7394
this division, an occupant's unit shares a common hallway with the	7395
offender or delinquent child if the entrance door into the	7396
occupant's unit is located on the same floor and opens into the	7397
same hallway as the entrance door to the unit the offender or	7398
delinquent child occupies. Division (D)(3) of this section applies	7399
regarding notices required under this division.	7400

(c) The building manager, or the person the building owner or	7401
condominium unit owners association authorizes to exercise	7402
management and control, of each multi-unit building that is	7403
located within one thousand feet of the offender's or delinquent	7404
child's residential premises, including a multi-unit building in	7405
which the offender or delinquent child resides, and that is	7406
located within the county served by the sheriff. In addition to	7407
notifying the building manager or the person authorized to	7408
exercise management and control in the multi-unit building under	7409
this division, the sheriff shall post a copy of the notice	7410
prominently in each common entryway in the building and any other	7411
location in the building the sheriff determines appropriate. The	7412
manager or person exercising management and control of the	7413
building shall permit the sheriff to post copies of the notice	7414
under this division as the sheriff determines appropriate. In lieu	7415
of posting copies of the notice as described in this division, a	7416
sheriff may provide notice to all occupants of the multi-unit	7417
building by mail or personal contact; if the sheriff so notifies	7418
all the occupants, the sheriff is not required to post copies of	7419
the notice in the common entryways to the building. Division	7420
(D)(3) of this section applies regarding notices required under	7421
this division.	7422

(d) All additional neighbors of the offender or delinquent	7423
childpersons who are within any category of neighbors of the	7424
offender or delinquent child that the attorney general by rule	7425
adopted under section 2950.13 of the Revised Code requires to be	7426
provided the notice and who reside within the county served by the	7427
sheriff;	7428

(2) The executive director of the public children services	7429
agency that has jurisdiction within the specified geographical	7430
notification area and that is located within the county served by	7431
the sheriff;	7432

(3)(a) The superintendent of each board of education of a	7433
school district that has schools within the specified geographical	7434
notification area and that is located within the county served by	7435
the sheriff;	7436

(b) The principal of the school within the specified	7437
geographical notification area and within the county served by the	7438
sheriff that the delinquent child attends;	7439

(c) If the delinquent child attends a school outside of the	7440
specified geographical notification area or outside of the school	7441
district where the delinquent child resides, the superintendent of	7442
the board of education of a school district that governs the	7443
school that the delinquent child attends and the principal of the	7444
school that the delinquent child attends.	7445

(4)(a) The appointing or hiring officer of each chartered	7446
nonpublic school located within the specified geographical	7447
notification area and within the county served by the sheriff or	7448
of each other school located within the specified geographical	7449
notification area and within the county served by the sheriff and	7450
that is not operated by a board of education described in division	7451
(A)(3) of this section;	7452

(b) Regardless of the location of the school, the appointing	7453
or hiring officer of a chartered nonpublic school that the	7454
delinquent child attends.	7455

(5) The director, head teacher, elementary principal, or site	7456
administrator of each preschool program governed by Chapter 3301.	7457
of the Revised Code that is located within the specified	7458
geographical notification area and within the county served by the	7459
sheriff;	7460

(6) The administrator of each child day-care center or type A	7461
family day-care home that is located within the specified	7462
geographical notification area and within the county served by the	7463
sheriff, and the provider of each certified type B family day-care	7464
home that is located within the specified geographical	7465
notification area and within the county served by the sheriff. As	7466
used in this division, "child day-care center," "type A family	7467
day-care home," and "certified type B family day-care home" have	7468
the same meanings as in section 5104.01 of the Revised Code.	7469

(7) The president or other chief administrative officer of	7470
each institution of higher education, as defined in section	7471
2907.03 of the Revised Code, that is located within the specified	7472
geographical notification area and within the county served by the	7473
sheriff, and the chief law enforcement officer of the state	7474
university law enforcement agency or campus police department	7475
established under section 3345.04 or 1713.50 of the Revised Code,	7476
if any, that serves that institution;	7477

(8) The sheriff of each county that includes any portion of	7478
the specified geographical notification area;	7479

(9) If the offender or delinquent child resides within the	7480
county served by the sheriff, the chief of police, marshal, or	7481
other chief law enforcement officer of the municipal corporation	7482
in which the offender or delinquent child resides or, if the	7483
offender or delinquent child resides in an unincorporated area,	7484
the constable or chief of the police department or police district	7485
police force of the township in which the offender or delinquent	7486
child resides.	7487

(B) The notice required under division (A) of this section	7488
shall include all of the following information regarding the	7489
subject offender or delinquent child:	7490

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

7491

(2) The address or addresses at which the offender or	7492
delinquent child residesof the offender's residence, school,	7493
institution of higher education, or place of employment, as	7494
applicable, or the delinquent child's residence address or	7495
addresses;	7496

(3) The sexually oriented offense or child-victim oriented	7497
offense of which the offender was convicted, to which the offender	7498
pleaded guilty, or for which the child was adjudicated a	7499
delinquent child;	7500

(4) All of the following statements that are applicable:

7501

(a) A statement that the offender or delinquent child has	7502
been adjudicated as being a sexual predator , a statement that the	7503
offender has been convicted of or pleaded guilty to an aggravated	7504
sexually oriented offense, a statement that the delinquent child	7505
has been adjudicated a sexual predator and that, as of the date of	7506
the notice, the court has not entered a determination that the	7507
offender or delinquent child no longer is a sexual predator, or a	7508
statement that the sentencing or reviewing judge has determined	7509
that the offender or delinquent child is a habitual sex offender	7510
and that, as of the date of the notice, the determination	7511
regarding a delinquent child has not been removed pursuant to	7512
section 2152.84 or 2152.85 of the Revised Code;	7513

(b) A statement that the offender has been adjudicated a	7514
child-victim predator, a statement that the delinquent child has	7515
been adjudicated a child-victim predator and that, as of the date	7516
of the notice, the court has not entered a determination that the	7517
delinquent child no longer is a child-victim predator, or a	7518
statement that the sentencing or reviewing judge has determined	7519
that the offender or delinquent child is a habitual child-victim	7520
offender and that, as of the date of the notice, the determination	7521
regarding a delinquent child has not been removed pursuant to	7522
section 2152.84 or 2152.85 of the Revised Code.	7523

(C) If a sheriff with whom an offender or delinquent child	7524
registers under section 2950.04, 2950.041, or 2950.05 of the	7525
Revised Code or to whom the offender or delinquent child most	7526
recently sent a notice of intent to reside under section 2950.04	7527
or 2950.041 of the Revised Code is required by division (A) of	7528
this section to provide notices regarding an offender or	7529
delinquent child and if, pursuant to that requirement, the sheriff	7530
provides a notice to a sheriff of one or more other counties in	7531
accordance with division (A)(8) of this section, the sheriff of	7532
each of the other counties who is provided notice under division	7533
(A)(8) of this section shall provide the notices described in	7534
divisions (A)(1) to (7) and (A)(9) of this section to each person	7535
or entity identified within those divisions that is located within	7536
the specified geographical notification area and within the county	7537
served by the sheriff in question.	7538

(D)(1) A sheriff required by division (A) or (C) of this	7539
section to provide notices regarding an offender or delinquent	7540
child shall provide the notice to the neighbors that are described	7541
in division (A)(1) of this section and the notices to law	7542
enforcement personnel that are described in divisions (A)(8) and	7543
(9) of this section as soon as practicable, but no later than	7544
seventy-two hoursfive days after the offender sends the notice of	7545
intent to reside to the sheriff and again no later than	7546
seventy-two hoursfive days after the offender or delinquent child	7547
registers with the sheriff or, if the sheriff is required by	7548
division (C) to provide the notices, no later than seventy-two	7549
hoursfive days after the sheriff is provided the notice described	7550
in division (A)(8) of this section.	7551

A sheriff required by division (A) or (C) of this section to	7552
provide notices regarding an offender or delinquent child shall	7553
provide the notices to all other specified persons that are	7554
described in divisions (A)(2) to (7) of this section as soon as	7555
practicable, but not later than seven days after the offender or	7556
delinquent child registers with the sheriff or, if the sheriff is	7557
required by division (C) to provide the notices, no later than	7558
seventy-two hoursfive days after the sheriff is provided the	7559
notice described in division (A)(8) of this section.	7560

(2) If an offender or delinquent child in relation to whom	7561
division (A) of this section applies verifies the offender's or	7562
delinquent child's current residence, school, institution of	7563
higher education, or place of employment address, as applicable,	7564
with a sheriff pursuant to section 2950.06 of the Revised Code,	7565
the sheriff may provide a written notice containing the	7566
information set forth in division (B) of this section to the	7567
persons identified in divisions (A)(1) to (9) of this section. If	7568
a sheriff provides a notice pursuant to this division to the	7569
sheriff of one or more other counties in accordance with division	7570
(A)(8) of this section, the sheriff of each of the other counties	7571
who is provided the notice under division (A)(8) of this section	7572
may provide, but is not required to provide, a written notice	7573
containing the information set forth in division (B) of this	7574
section to the persons identified in divisions (A)(1) to (7) and	7575
(A)(9) of this section.	7576

(3) A sheriff may provide notice under division (A)(1)(a) or	7577
(b) of this section, and may provide notice under division	7578
(A)(1)(c) of this section to a building manager or person	7579
authorized to exercise management and control of a building, by	7580
mail, by personal contact, or by leaving the notice at or under	7581
the entry door to a residential unit. For purposes of divisions	7582
(A)(1)(a) and (b) of this section, and the portion of division	7583
(A)(1)(c) of this section relating to the provision of notice to	7584
occupants of a multi-unit building by mail or personal contact,	7585
the provision of one written notice per unit is deemed as	7586
providing notice to all occupants of that unit.	7587

(E) All information that a sheriff possesses regarding a	7588
sexual predator or, a habitual sex offender, a child-victim	7589
predator, or a habitual child-victim offender that is described in	7590
division (B) of this section and that must be provided in a notice	7591
required under division (A) or (C) of this section or that may be	7592
provided in a notice authorized under division (D)(2) of this	7593
section is a public record that is open to inspection under	7594
section 149.43 of the Revised Code.	7595

If the sexual predator or habitual sex offender is a juvenile	7596
sex offender registrant, the The sheriff shall not cause any of	7597
the information described in this division to be publicly	7598
disseminated by means of the internet any of the information	7599
described in this division that is provided by a sexual predator,	7600
habitual sex offender, child-victim predator, or habitual	7601
child-victim offender who is a juvenile offender registrant,	7602
except when the act that is the basis of athe child's	7603
classification as a juvenile sex offender registrant is a	7604
violation of, or an attempt to commit a violation of, section	7605
2903.01, 2903.02, or 2905.01 of the Revised Code that was	7606
committed with a purpose to gratify the sexual needs or desires of	7607
the child, a violation of section 2907.02 of the Revised Code, or	7608
an attempt to commit a violation of that section.	7609

(F)(1) The duties to provide the notices described in	7610
divisions (A) and (C) of this section apply regarding any offender	7611
or delinquent child who is in any of the following categories, if	7612
the other criteria set forth in division (A) or (C) of this	7613
section, whichever is applicable, are satisfied:	7614

(a) The offender or delinquent child has been adjudicated a	7615
sexual predator relative to the sexually oriented offense for	7616
which the offender or delinquent child has the duty to register	7617
under section 2950.04 of the Revised Code or has been adjudicated	7618
a child-victim predator relative to the child-victim oriented	7619
offense for which the offender or child has the duty to register	7620
under section 2950.041 of the Revised Code, and the court has not	7621
subsequently determined pursuant to division (D) of section	7622
2950.09, section 2152.84, or section 2152.85 of the Revised Code	7623
regarding a delinquent child that the offender or delinquent child	7624
no longer is a sexual predator or no longer is a child-victim	7625
predator, whichever is applicable.	7626

(b) The offender or delinquent child has been determined	7627
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	7628
division (B) of section 2152.83, section 2152.84, or section	7629
2152.85 of the Revised Code to be a habitual sex offender or a	7630
habitual child-victim offender, the court has imposed a	7631
requirement under that division or section subjecting the habitual	7632
sex offender or habitual child-victim offender to this section,	7633
and the determination has not been removed pursuant to section	7634
2152.84 or 2152.85 of the Revised Code regarding a delinquent	7635
child.	7636

(c) The sexually oriented offense for which the offender has	7637
the duty to register under section 2950.04 of the Revised Code is	7638
an aggravated sexually oriented offense committed on or after the	7639
effective date of this amendment, regardless of whether the	7640
offender has been adjudicated a sexual predator relative to the	7641
offense or has been determined to be a habitual sex offender and,	7642
if the offender has been so adjudicated or determined, regardless	7643
of whether the court has subsequently determined that the offender	7644
no longer is a sexual predator or whether the habitual sex	7645
offender determination has not been removed as described in	7646
division (F)(1)(a) or (b) of this section.	7647

(2) The notification provisions of this section do not apply	7648
regarding a person who is convicted of or pleads guilty to, has	7649
been convicted of or pleaded guilty to, or is adjudicated a	7650
delinquent child for committing, a sexually oriented offense or a	7651
child-victim oriented offense, who is not in the category	7652
specified in either division (F)(1)(a) or (c) of this section, and	7653
who is determined pursuant to division (C)(2) or (E) of section	7654
2950.09 or 2950.091, division (B) of section 2152.83, section	7655
2152.84, or section 2152.85 of the Revised Code to be a habitual	7656
sex offender or habitual child-victim offender unless the	7657
sentencing or reviewing court imposes a requirement in the	7658
offender's sentence and in the judgment of conviction that	7659
contains the sentence or in the delinquent child's adjudication,	7660
or imposes a requirement as described in division (C)(2) of	7661
section 2950.09 or 2950.091 of the Revised Code, that subjects the	7662
offender or the delinquent child to the provisions of this	7663
section.	7664

(G) The department of job and family services shall compile,	7665
maintain, and update in January and July of each year, a list of	7666
all agencies, centers, or homes of a type described in division	7667
(A)(2) or (6) of this section that contains the name of each	7668
agency, center, or home of that type, the county in which it is	7669
located, its address and telephone number, and the name of an	7670
administrative officer or employee of the agency, center, or home.	7671
The department of education shall compile, maintain, and update in	7672
January and July of each year, a list of all boards of education,	7673
schools, or programs of a type described in division (A)(3), (4),	7674
or (5) of this section that contains the name of each board of	7675
education, school, or program of that type, the county in which it	7676
is located, its address and telephone number, the name of the	7677
superintendent of the board or of an administrative officer or	7678
employee of the school or program, and, in relation to a board of	7679
education, the county or counties in which each of its schools is	7680
located and the address of each such school. The Ohio board of	7681
regents shall compile, maintain, and update in January and July of	7682
each year, a list of all institutions of a type described in	7683
division (A)(7) of this section that contains the name of each	7684
such institution, the county in which it is located, its address	7685
and telephone number, and the name of its president or other chief	7686
administrative officer. A sheriff required by division (A) or (C)	7687
of this section, or authorized by division (D)(2) of this section,	7688
to provide notices regarding an offender or delinquent child, or a	7689
designee of a sheriff of that type, may request the department of	7690
job and family services, department of education, or Ohio board of	7691
regents, by telephone, in person, or by mail, to provide the	7692
sheriff or designee with the names, addresses, and telephone	7693
numbers of the appropriate persons and entities to whom the	7694
notices described in divisions (A)(2) to (7) of this section are	7695
to be provided. Upon receipt of a request, the department or board	7696
shall provide the requesting sheriff or designee with the names,	7697
addresses, and telephone numbers of the appropriate persons and	7698
entities to whom those notices are to be provided.	7699

(H)(1) Upon the motion of the offender or the prosecuting	7700
attorney of the county in which the offender was convicted of or	7701
pleaded guilty to the sexually oriented offense or child-victim	7702
oriented offense for which the offender is subject to community	7703
notification under this section, or upon the motion of the	7704
sentencing judge or that judge's successor in office, the judge	7705
may schedule a hearing to determine whether the interests of	7706
justice would be served by suspending the community notification	7707
requirement under this section in relation to the offender. The	7708
judge may dismiss the motion without a hearing but may not issue	7709
an order suspending the community notification requirement without	7710
a hearing. At the hearing, all parties are entitled to be heard,	7711
and the judge shall consider all of the factors set forth in	7712
division (B)(3) of section 2950.09 of the Revised Code. If, at the	7713
conclusion of the hearing, the judge finds that the offender has	7714
proven by clear and convincing evidence that the offender is	7715
unlikely to commit in the future a sexually oriented offense or a	7716
child-victim oriented offense and if the judge finds that	7717
suspending the community notification requirement is in the	7718
interests of justice, the judge may suspend the application of	7719
this section in relation to the offender. The order shall contain	7720
both of these findings.	7721

The judge promptly shall serve a copy of the order upon the	7722
sheriff with whom the offender most recently registered under	7723
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	7724
the bureau of criminal identification and investigation.	7725

An order suspending the community notification requirement	7726
does not suspend or otherwise alter an offender's duties to comply	7727
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	7728
Revised Code and does not suspend the victim notification	7729
requirement under section 2950.10 of the Revised Code.	7730

(2) A prosecuting attorney, a sentencing judge or that	7731
judge's successor in office, and an offender who is subject to the	7732
community notification requirement under this section may	7733
initially make a motion under division (H)(1) of this section upon	7734
the expiration of twenty years after the offender's duty to comply	7735
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	7736
Revised Code begins in relation to the offense for which the	7737
offender is subject to community notification. After the initial	7738
making of a motion under division (H)(1) of this section,	7739
thereafter, the prosecutor, judge, and offender may make a	7740
subsequent motion under that division upon the expiration of five	7741
years after the judge has entered an order denying the initial	7742
motion or the most recent motion made under that division.	7743

(3) The offender and the prosecuting attorney have the right	7744
to appeal an order approving or denying a motion made under	7745
division (H)(1) of this section.	7746

(4) Division (H) of this section does not apply to any of the	7747
following types of offender:	7748

(a) A sexually violent predator;

7749

(b) A habitual sex offender or habitual child-victim oriented	7750
offender who is subject to community notification who, subsequent	7751
to being subjected to community notification, has pleaded guilty	7752
to or been convicted of a sexually oriented offense or a	7753
child-victim oriented offense;	7754

(c) A sexual predator or child-victim predator who is not a	7755
sexually violent predator who, subsequent to being subjected to	7756
community notification, has pleaded guilty to or been convicted of	7757
a sexually oriented offense or child-victim oriented offense.	7758

Sec. 2950.111.  (A) If an offender or delinquent child	7759
registers a residence address, provides notice of a change of any	7760
residence address, or verifies a current residence address	7761
pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the	7762
Revised Code, all of the following apply:	7763

(1) At any time after the registration, provision of the	7764
notice, or verification, the sheriff with whom the offender or	7765
delinquent child so registered or to whom the offender or	7766
delinquent child so provided the notice or verified the current	7767
address, or a designee of that sheriff, may contact a person who	7768
owns, leases, or otherwise has custody, control, or supervision of	7769
the premises at the address provided by the offender or delinquent	7770
child in the registration, the notice, or the verification and	7771
request that the person confirm or deny that the offender or	7772
delinquent child currently resides at that address.	7773

(2) Upon receipt of a request under division (A)(1) of this	7774
section, notwithstanding any other provision of law, the person	7775
who owns, leases, or otherwise has custody, control, or	7776
supervision of the premises, or an agent of that person, shall	7777
comply with the request and inform the sheriff or designee who	7778
made the request whether or not the offender or delinquent child	7779
currently resides at that address.	7780

(3) Section 2950.12 of the Revised Code applies to a person	7781
who, in accordance with division (A)(2) of this section, provides	7782
information of the type described in that division.	7783

(B) Division (A) of this section applies regarding any public	7784
or private residential premises, including, but not limited to, a	7785
private residence, a multi-unit residential facility, a halfway	7786
house, a homeless shelter, or any other type of residential	7787
premises. Division (A) of this section does not apply regarding an	7788
offender's registration, provision of notice of a change in, or	7789
verification of a school, institution of higher education, or	7790
place of employment address pursuant to section 2950.04, 2950.041,	7791
2950.05, or 2950.06 of the Revised Code.	7792

(C) A sheriff or designee of a sheriff may attempt to confirm	7793
that an offender or delinquent child who registers a residence	7794
address, provides notice of a change of any residence address, or	7795
verifies a current residence address as described in division (A)	7796
of this section currently resides at the address in question in	7797
manners other than the manner provided in this section. A sheriff	7798
or designee of a sheriff is not limited in the number of requests	7799
that may be made under this section regarding any registration,	7800
provision of notice, or verification, or in the number of times	7801
that the sheriff or designee may attempt to confirm, in manners	7802
other than the manner provided in this section, that an offender	7803
or delinquent child currently resides at the address in question.	7804

Sec. 2950.12.  (A) Except as provided in division (B) of this	7805
section, any of the following persons shall be immune from	7806
liability in a civil action to recover damages for injury, death,	7807
or loss to person or property allegedly caused by an act or	7808
omission in connection with a power, duty, responsibility, or	7809
authorization under this chapter or under rules adopted under	7810
authority of this chapter:	7811

(1) An officer or employee of the bureau of criminal	7812
identification and investigation;	7813

(2) The attorney general, a chief of police, marshal, or	7814
other chief law enforcement officer of a municipal corporation, a	7815
sheriff, a constable or chief of police of a township police	7816
department or police district police force, and a deputy, officer,	7817
or employee of the office of the attorney general, the law	7818
enforcement agency served by the marshal or the municipal or	7819
township chief, the office of the sheriff, or the constable;	7820

(3) A prosecutor and an officer or employee of the office of	7821
a prosecutor;	7822

(4) A supervising officer and an officer or employee of the	7823
adult parole authority of the department of rehabilitation and	7824
correction;	7825

(5) A supervising officer and an officer or employee of the	7826
department of youth services;	7827

(6) A supervisor and a caseworker or employee of a public	7828
children services agency acting pursuant to section 5153.16 of the	7829
Revised Code;	7830

(7) A managing officer of a state correctional institution	7831
and an officer or employee of the department of rehabilitation and	7832
correction;	7833

(8) A person identified in division (A)(2), (3), (4), (5),	7834
(6), or (7) of section 2950.11 of the Revised Code or the agent of	7835
that person;	7836

(9) A person identified in division (A)(2) of section	7837
2950.111 of the Revised Code, regarding the person's provision of	7838
information pursuant to that division to a sheriff or a designee	7839
of a sheriff.	7840

(B) The immunity described in division (A) of this section	7841
does not apply to a person described in divisions (A)(1) to (8) of	7842
this section if, in relation to the act or omission in question,	7843
any of the following applies:	7844

(1) The act or omission was manifestly outside the scope of	7845
the person's employment or official responsibilities.	7846

(2) The act or omission was with malicious purpose, in bad	7847
faith, or in a wanton or reckless manner.	7848

(3) Liability for the act or omission is expressly imposed by	7849
a section of the Revised Code.	7850

Sec. 2950.13.  (A) The attorney general shall do all of the	7851
following:	7852

(1) No later than July 1, 1997, establish and maintain a	7853
state registry of sex offenders and child-victim offenders that is	7854
housed at the bureau of criminal identification and investigation	7855
and that contains all of the registration, change of residence,	7856
school, institution of higher education, or place of employment	7857
address, and verification information the bureau receives pursuant	7858
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	7859
Code regarding a person who is convicted of or pleads guilty to,	7860
or has been convicted of or pleaded guilty to, either a sexually	7861
oriented offense that is not a registration-exempt sexually	7862
oriented offense or a child-victim oriented offense or a person	7863
who is adjudicated a delinquent child for committing either a	7864
sexually oriented offense that is not a registration-exempt	7865
sexually oriented offense or a child-victim oriented offense and	7866
is classified a juvenile sex offender registrant or is an	7867
out-of-state juvenile sex offender registrant based on that	7868
adjudication, and all of the information the bureau receives	7869
pursuant to section 2950.14 of the Revised Code;. For a person who	7870
was convicted of or pleaded guilty to the sexually oriented	7871
offense or child-victim related offense, the registry also shall	7872
indicate whether the person was convicted of or pleaded guilty to	7873
the offense in a criminal prosecution or in a serious youthful	7874
offender case.	7875

(2) In consultation with local law enforcement	7876
representatives and no later than July 1, 1997, adopt rules that	7877
contain guidelines necessary for the implementation of this	7878
chapter;	7879

(3) In consultation with local law enforcement	7880
representatives and no later than July 1, 1997, adopt rules for	7881
the implementation and administration of the provisions contained	7882
in section 2950.11 of the Revised Code that pertain to the	7883
notification of neighbors of an offender or a delinquent child who	7884
has committed a sexually oriented offense that is not a	7885
registration-exempt sexually oriented offense and has been	7886
adjudicated as being a sexual predator or determined to be a	7887
habitual sex offender or, an offender who has committed on or	7888
after the effective date of this amendment an aggravated sexually	7889
oriented offense, or an offender or delinquent child who has	7890
committed a child-victim oriented offense and has been adjudicated	7891
a child-victim predator or determined to be a habitual	7892
child-victim offender, and rules that prescribe a manner in which	7893
victims of either a sexually oriented offense that is not a	7894
registration-exempt sexually oriented offense or a child-victim	7895
oriented offense committed by an offender or a delinquent child	7896
who has been adjudicated as being a sexual predator or determined	7897
to be a habitual sex offender or, an offender who has committed on	7898
or after the effective date of this amendment an aggravated	7899
sexually oriented offense, or an offender or delinquent child who	7900
has committed a child-victim oriented offense and has been	7901
adjudicated a child-victim predator or determined to be a habitual	7902
child-victim offender may make a request that specifies that the	7903
victim would like to be provided the notices described in	7904
divisions (A)(1) and (2) of section 2950.10 of the Revised Code;	7905

(4) In consultation with local law enforcement	7906
representatives and through the bureau of criminal identification	7907
and investigation, prescribe the forms to be used by judges and	7908
officials pursuant to section 2950.03 of the Revised Code to	7909
advise offenders and delinquent children of their duties of filing	7910
a notice of intent to reside, registration, notification of a	7911
change of residence, school, institution of higher education, or	7912
place of employment address and registration of the new residence,	7913
school, institution of higher education, or place of employment	7914
address, as applicable, and residence address verification under	7915
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	7916
Code, and prescribe the forms to be used by sheriffs relative to	7917
those duties of filing a notice of intent to reside, registration,	7918
change of residence, school, institution of higher education, or	7919
place of employment address notification, and residence address	7920
verification;	7921

(5) Make copies of the forms prescribed under division (A)(4)	7922
of this section available to judges, officials, and sheriffs;	7923

(6) Through the bureau of criminal identification and	7924
investigation, provide the notifications, the information, and the	7925
documents that the bureau is required to provide to appropriate	7926
law enforcement officials and to the federal bureau of	7927
investigation pursuant to sections 2950.04, 2950.041, 2950.05, and	7928
2950.06 of the Revised Code;	7929

(7) Through the bureau of criminal identification and	7930
investigation, maintain the verification forms returned under the	7931
residence address verification mechanism set forth in section	7932
2950.06 of the Revised Code;	7933

(8) In consultation with representatives of the officials,	7934
judges, and sheriffs, adopt procedures for officials, judges, and	7935
sheriffs to use to forward information, photographs, and	7936
fingerprints to the bureau of criminal identification and	7937
investigation pursuant to the requirements of sections 2950.03,	7938
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	7939

(9) In consultation with the director of education, the	7940
director of job and family services, and the director of	7941
rehabilitation and correction and no later than July 1, 1997,	7942
adopt rules that contain guidelines to be followed by boards of	7943
education of a school district, chartered nonpublic schools or	7944
other schools not operated by a board of education, preschool	7945
programs, child day-care centers, type A family day-care homes,	7946
certified type B family day-care homes, and institutions of higher	7947
education regarding the proper use and administration of	7948
information received pursuant to section 2950.11 of the Revised	7949
Code relative to an offender or delinquent child who has been	7950
adjudicated as being a sexual predator or child-victim predator or	7951
determined to be a habitual sex offender or habitual child-victim	7952
offender, or an offender who has committed an aggravated sexually	7953
oriented offense;	7954

(10) In consultation with local law enforcement	7955
representatives and no later than July 1, 1997, adopt rules that	7956
designate a geographic area or areas within which the notice	7957
described in division (B) of section 2950.11 of the Revised Code	7958
must be given to the persons identified in divisions (A)(2) to (8)	7959
of that section;	7960

(11) Through the bureau of criminal identification and	7961
investigation, not later than January 1, 2004, establish and	7962
operate on the internet a sex offender and child-victim offender	7963
database that contains information for every offender who has	7964
committed either a sexually oriented offense that is not a	7965
registration-exempt sexually oriented offense or a child-victim	7966
oriented offense and who registers in any county in this state	7967
pursuant to section 2950.04 or 2950.041 of the Revised Code. The	7968
bureau shall determine the information to be provided on the	7969
database for each offender and shall obtain that information from	7970
the information contained in the state registry of sex offenders	7971
and child-victim offenders described in division (A)(1) of this	7972
section, which information, while in the possession of the sheriff	7973
who provided it, is a public record open for inspection as	7974
described in section 2950.081 of the Revised Code. The information	7975
provided for each offender shall include at least the information	7976
set forth in division (B) of section 2950.11 of the Revised Code.	7977
The database is a public record open for inspection under section	7978
149.43 of the Revised Code, and it shall be searchable by offender	7979
name, by county, by zip code, and by school district. The database	7980
shall provide a link to the web site of each sheriff who has	7981
established and operates on the internet a sex offender and	7982
child-victim offender database that contains information for	7983
offenders who register in that county pursuant to section 2950.04	7984
or 2950.041 of the Revised Code, with the link being a direct link	7985
to the sex offender and child-victim offender database for the	7986
sheriff.	7987

(12) Upon the request of any sheriff, provide technical	7988
guidance to the requesting sheriff in establishing on the internet	7989
a sex offender and child-victim offender database for the public	7990
dissemination of some or all of the materials described in	7991
division (A) of section 2950.081 of the Revised Code that are	7992
public records under that division and that pertain to offenders	7993
who register in that county pursuant to section 2950.04 or	7994
2950.041 of the Revised Code;	7995

(13) Through the bureau of criminal identification and	7996
investigation, not later than January 1, 2004, establish and	7997
operate on the internet a database that enables local law	7998
enforcement representatives to remotely search by electronic means	7999
the state registry of sex offenders and child-victim offenders	8000
described in division (A)(1) of this section and any information	8001
the bureau receives pursuant to sections 2950.04, 2950.041,	8002
2950.05, 2950.06, and 2950.14 of the Revised Code. The database	8003
shall enable local law enforcement representatives to obtain	8004
detailed information regarding each offender and delinquent child	8005
who is included in the registry, including, but not limited to the	8006
offender's or delinquent child's name, residence address, place of	8007
employment if applicable, motor vehicle license plate number if	8008
applicable, victim preference if available, date of most recent	8009
release from confinement if applicable, fingerprints, and other	8010
identification parameters the bureau considers appropriate. The	8011
database is not a public record open for inspection under section	8012
149.43 of the Revised Code and shall be available only to law	8013
enforcement representatives as described in this division.	8014
Information obtained by local law enforcement representatives	8015
through use of this database is not open to inspection by the	8016
public or by any person other than a person identified in division	8017
(A) of section 2950.08 of the Revised Code.	8018

(B) The attorney general, in consultation with local law	8019
enforcement representatives, may adopt rules that establish one or	8020
more categories of neighbors of an offender or delinquent child	8021
who, in addition to the occupants of residences adjacent to an	8022
offender's or delinquent child's place of residenceresidential	8023
premises and other persons specified in division (A)(1) of section	8024
2950.11 of the Revised Code, must be given the notice described in	8025
division (B) of that section 2950.11 of the Revised Code.	8026

(C) No person, other than a local law enforcement	8027
representative, shall knowingly do any of the following:	8028

(1) Gain or attempt to gain access to the database	8029
established and operated by the attorney general, through the	8030
bureau of criminal identification and investigation, pursuant to	8031
division (A)(13) of this section.	8032

(2) Permit any person to inspect any information obtained	8033
through use of the database described in division (C)(1) of this	8034
section, other than as permitted under that division.	8035

(D) As used in this section, "local law enforcement	8036
representatives" means representatives of the sheriffs of this	8037
state, representatives of the municipal chiefs of police and	8038
marshals of this state, and representatives of the township	8039
constables and chiefs of police of the township police departments	8040
or police district police forces of this state.	8041

Sec. 2950.14.  (A) Prior to releasing an offender who is	8042
under the custody and control of the department of rehabilitation	8043
and correction and who has been convicted of or pleaded guilty to	8044
committing, either prior to, on, or after January 1, 1997, any	8045
sexually oriented offense that is not a registration-exempt	8046
sexually oriented offense or any child-victim oriented offense,	8047
the department of rehabilitation and correction shall provide all	8048
of the information described in division (B) of this section to	8049
the bureau of criminal identification and investigation regarding	8050
the offender. Prior to releasing a delinquent child who is in the	8051
custody of the department of youth services who has been	8052
adjudicated a delinquent child for committing on or after January	8053
1, 2002, aany sexually oriented offense that is not a	8054
registration-exempt sexually oriented offense or any child-victim	8055
oriented offense, and who has been classified a juvenile sex	8056
offender registrant based on that adjudication, the department of	8057
youth services shall provide all of the information described in	8058
division (B) of this section to the bureau of criminal	8059
identification and investigation regarding the delinquent child.	8060

(B) The department of rehabilitation and correction and the	8061
department of youth services shall provide all of the following	8062
information to the bureau of criminal identification and	8063
investigation regarding an offender or delinquent child described	8064
in division (A) of this section:	8065

(1) The offender's or delinquent child's name and any aliases	8066
used by the offender or delinquent child;	8067

(2) All identifying factors concerning the offender or	8068
delinquent child;	8069

(3) The offender's or delinquent child's anticipated future	8070
residence;	8071

(4) The offense and delinquency history of the offender or	8072
delinquent child;	8073

(5) Whether the offender or delinquent child was treated for	8074
a mental abnormality or personality disorder while under the	8075
custody and control of the department;	8076

(6) Any other information that the bureau indicates is	8077
relevant and that the department possesses.	8078

(C) Upon receipt of the information described in division (B)	8079
of this section regarding an offender or delinquent child, the	8080
bureau immediately shall enter the information into the state	8081
registry of sex offenders and child-victim offenders that the	8082
bureau maintains pursuant to section 2950.13 of the Revised Code	8083
and into the records that the bureau maintains pursuant to	8084
division (A) of section 109.57 of the Revised Code.	8085

Sec. 2950.99.  (A) Whoever(1)(a) Except as otherwise	8086
provided in division (A)(1)(b) of this section, whoever violates a	8087
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	8088
the Revised Code is guilty of a felony of the fifth degree if	8089
shall be punished as follows:	8090

(i) If the most serious sexually oriented offense or	8091
child-victim oriented offense that was the basis of the	8092
registration, notice of intent to reside, change of address	8093
notification, or address verification requirement that was	8094
violated under the prohibition is aggravated murder, murder, or a	8095
felony of the first, second, or third degree if committed by an	8096
adult, the offender is guilty of a felony of the third degree.	8097

(ii) If the most serious sexually oriented offense or	8098
child-victim oriented offense that was the basis of the	8099
registration, notice of intent to reside, change of address	8100
notification, or address verification requirement that was	8101
violated under the prohibition is a felony of the fourth or fifth	8102
degree if committed by an adult, and a misdemeanor of the first	8103
degree, or if the most serious sexually oriented offense or	8104
child-victim oriented offense that was the basis of the	8105
registration, notice of intent to reside, change of address	8106
notification, or address verification requirement that was	8107
violated under the prohibition is a misdemeanor if committed by an	8108
adult. In, the offender is guilty of a felony of the same degree	8109
or a misdemeanor of the same degree as the most serious sexually	8110
oriented offense or child-victim oriented offense that was the	8111
basis of the registration, notice of intent to reside, change of	8112
address, or address verification requirement that was violated	8113
under the prohibition.	8114

(b) If the offender previously has been convicted of or	8115
pleaded guilty to, or previously has been adjudicated a delinquent	8116
child for committing, a violation of a prohibition in section	8117
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	8118
whoever violates a prohibition in section 2950.04, 2950.041,	8119
2950.05, or 2950.06 of the Revised Code shall be punished as	8120
follows:	8121

(i) If the most serious sexually oriented offense or	8122
child-victim oriented offense that was the basis of the	8123
registration, notice of intent to reside, change of address	8124
notification, or address verification requirement that was	8125
violated under the prohibition is aggravated murder, murder, or a	8126
felony of the first, second, third, or fourth degree if committed	8127
by an adult, the offender is guilty of a felony of the third	8128
degree.	8129

(ii) If the most serious sexually oriented offense or	8130
child-victim oriented offense that was the basis of the	8131
registration, notice of intent to reside, change of address	8132
notification, or address verification requirement that was	8133
violated under the prohibition is a felony of the fifth degree if	8134
committed by an adult, the offender is guilty of a felony of the	8135
fourth degree.	8136

(iii) If the most serious sexually oriented offense or	8137
child-victim oriented offense that was the basis of the	8138
registration, notice of intent to reside, change of address	8139
notification, or address verification requirement that was	8140
violated under the prohibition is a misdemeanor of the first	8141
degree if committed by an adult, the offender is guilty of a	8142
felony of the fifth degree.	8143

(iv) If the most serious sexually oriented offense or	8144
child-victim oriented offense that was the basis of the	8145
registration, notice of intent to reside, change of address	8146
notification, or address verification requirement that was	8147
violated under the prohibition is a misdemeanor other than a	8148
misdemeanor of the first degree if committed by an adult, the	8149
offender is guilty of a misdemeanor that is one degree higher than	8150
the most serious sexually oriented offense or child-victim	8151
oriented offense that was the basis of the registration, change of	8152
address, or address verification requirement that was violated	8153
under the prohibition.	8154

(2) In addition to any penalty or sanction imposed under	8155
division (A)(1) of this section or any other provision of law for	8156
thea violation of a prohibition in section 2950.04, 2950.041,	8157
2950.05, or 2950.06 of the Revised Code, if the offender or	8158
delinquent child is on probation or parole, is subject to one or	8159
more post-release control sanctions, or is subject to any other	8160
type of supervised release at the time of the violation, the	8161
violation shall constitute a violation of the terms and conditions	8162
of the probation, parole, post-release control sanction, or other	8163
type of supervised release.	8164

(B) If a person violates a prohibition in section 2950.04,	8165
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	8166
the person as a result of the person being adjudicated a	8167
delinquent child and being classified a juvenile sex offender	8168
registrant or isas an out-of-state juvenile sex offender	8169
registrant, both of the following apply:	8170

(1) If the violation occurs while the person is under	8171
eighteen years of age, the person is subject to proceedings under	8172
Chapter 2152. of the Revised Code based on the violation.	8173

(2) If the violation occurs while the person is eighteen	8174
years of age or older, the person is subject to criminal	8175
prosecution based on the violation.	8176

(C) Whoever violates division (C) of section 2950.13 of the	8177
Revised Code is guilty of a misdemeanor of the first degree.	8178

Sec. 2971.01.  As used in this chapter:

8179

(A) "Mandatory prison term" has the same meaning as in	8180
section 2929.01 of the Revised Code.	8181

(B) "Designated homicide, assault, or kidnapping offense"	8182
means any of the following:	8183

(1) A violation of section 2903.01, 2903.02, 2903.11, or	8184
2905.01 of the Revised Code or a violation of division (A) of	8185
section 2903.04 of the Revised Code;	8186

(2) An attempt to commit or complicity in committing a	8187
violation listed in division (B)(1) of this section, if the	8188
attempt or complicity is a felony.	8189

(C) "Examiner" has the same meaning as in section 2945.371 of	8190
the Revised Code.	8191

(D) "Peace officer" has the same meaning as in section	8192
2935.01 of the Revised Code.	8193

(E) "Prosecuting attorney" means the prosecuting attorney who	8194
prosecuted the case of the offender in question or the successor	8195
in office to that prosecuting attorney.	8196

(F) "Sexually oriented offense" hasand "child-victim	8197
oriented offense" have the same meaningmeanings as in section	8198
2950.01 of the Revised Code.	8199

(G) "Sexually violent offense" means a violent sex offense,	8200
or a designated homicide, assault, or kidnapping offense for which	8201
the offender also was convicted of or pleaded guilty to a sexual	8202
motivation specification.	8203

(H)(1) "Sexually violent predator" means a person who has	8204
been convicted of or pleaded guilty to committing, on or after the	8205
effective date of this sectionJanuary 1, 1997, a sexually violent	8206
offense and is likely to engage in the future in one or more	8207
sexually violent offenses.	8208

(2) For purposes of division (H)(1) of this section, any of	8209
the following factors may be considered as evidence tending to	8210
indicate that there is a likelihood that the person will engage in	8211
the future in one or more sexually violent offenses:	8212

(a) The person has been convicted two or more times, in	8213
separate criminal actions, of a sexually oriented offense or a	8214
child-victim oriented offense. For purposes of this division,	8215
convictions that result from or are connected with the same act or	8216
result from offenses committed at the same time are one	8217
conviction, and a conviction set aside pursuant to law is not a	8218
conviction.	8219

(b) The person has a documented history from childhood, into	8220
the juvenile developmental years, that exhibits sexually deviant	8221
behavior.	8222

(c) Available information or evidence suggests that the	8223
person chronically commits offenses with a sexual motivation.	8224

(d) The person has committed one or more offenses in which	8225
the person has tortured or engaged in ritualistic acts with one or	8226
more victims.	8227

(e) The person has committed one or more offenses in which	8228
one or more victims were physically harmed to the degree that the	8229
particular victim's life was in jeopardy.	8230

(f) Any other relevant evidence.

8231

(I) "Sexually violent predator specification" means a	8232
specification, as described in section 2941.148 of the Revised	8233
Code, charging a person with being a sexually violent predator.	8234

(J) "Sexual motivation" means a purpose to gratify the sexual	8235
needs or desires of the offender.	8236

(K) "Sexual motivation specification" means a specification,	8237
as described in section 2941.147 of the Revised Code, that charges	8238
that a person charged with a designated homicide, assault, or	8239
kidnapping offense committed the offense with a sexual motivation.	8240

(L) "Violent sex offense" means any of the following:

8241

(1) A violation of section 2907.02, 2907.03, or 2907.12 or of	8242
division (A)(4) of section 2907.05 of the Revised Code;	8243

(2) A felony violation of a former law of this state that is	8244
substantially equivalent to a violation listed in division (L)(1)	8245
of this section or of an existing or former law of the United	8246
States or of another state that is substantially equivalent to a	8247
violation listed in division (L)(1) of this section;	8248

(3) An attempt to commit or complicity in committing a	8249
violation listed in division (L)(1) or (2) of this section if the	8250
attempt or complicity is a felony.	8251

Sec. 3319.20.  Whenever an employee of a board of education,	8252
other than an employee who is a license holder to whom section	8253
3319.52 of the Revised Code applies, is convicted of or pleads	8254
guilty to a felony, a violation of section 2907.04 or 2907.06 or	8255
of division (A) or (C)(B) of section 2907.07 of the Revised Code,	8256
an offense of violence, theft offense, or drug abuse offense that	8257
is not a minor misdemeanor, or a violation of an ordinance of a	8258
municipal corporation that is substantively comparable to a felony	8259
or to a violation or offense of that nature, the prosecutor in the	8260
case, on forms prescribed and furnished by the state board of	8261
education, shall notify the employing board of education of the	8262
employee's name and residence address, the fact that the employee	8263
was convicted of or pleaded guilty to the specified offense, the	8264
section of the Revised Code or the municipal ordinance violated,	8265
and the sentence imposed by the court.	8266

The prosecutor shall give the notification required by this	8267
section no earlier than the fifth day following the expiration of	8268
the period within which the employee may file a notice of appeal	8269
from the judgment of the trial court under Appellate Rule 4(B) and	8270
no later than the eighth day following the expiration of that	8271
period. The notification also shall indicate whether the employee	8272
appealed the conviction, and, if applicable, the court in which	8273
the appeal will be heard. If the employee is permitted, by leave	8274
of court pursuant to Appellate Rule 5, to appeal the judgment of	8275
the trial court subsequent to the expiration of the period for	8276
filing a notice of appeal under Appellate Rule 4(B), the	8277
prosecutor promptly shall notify the employing board of education	8278
of the appeal and the court in which the appeal will be heard.	8279

As used in this section, "theft offense" has the same meaning	8280
as in section 2913.01 of the Revised Code, "drug abuse offense"	8281
has the same meaning as in section 2925.01 of the Revised Code,	8282
and "prosecutor" has the same meaning as in section 2935.01 of the	8283
Revised Code.	8284

Sec. 3319.31.  (A) As used in this section and sections	8285
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	8286
means a certificate, license, or permit described in division (B)	8287
of section 3301.071 or in section 3301.074, 3319.088, 3319.29, or	8288
3319.302 of the Revised Code.	8289

(B) For any of the following reasons, the state board of	8290
education, in accordance with Chapter 119. and section 3319.311 of	8291
the Revised Code, may refuse to issue a license to an applicant,	8292
may limit a license it issues to an applicant, or may suspend,	8293
revoke, or limit a license that has been issued to any person:	8294

(1) Engaging in an immoral act, incompetence, negligence, or	8295
conduct that is unbecoming to the applicant's or person's	8296
position;	8297

(2) A plea of guilty to, a finding of guilt by a jury or	8298
court of, or a conviction of any of the following:	8299

(a) A felony;

8300

(b) A violation of section 2907.04 or 2907.06 or division (A)	8301
or (C)(B) of section 2907.07 of the Revised Code;	8302

(c) An offense of violence;

8303

(d) A theft offense, as defined in section 2913.01 of the	8304
Revised Code;	8305

(e) A drug abuse offense, as defined in section 2925.01 of	8306
the Revised Code, that is not a minor misdemeanor;	8307

(f) A violation of an ordinance of a municipal corporation	8308
that is substantively comparable to an offense listed in divisions	8309
(B)(2)(a) to (e) of this section.	8310

(C) The state board may take action under division (B) of	8311
this section on the basis of substantially comparable conduct	8312
occurring in a jurisdiction outside this state or occurring before	8313
a person applies for or receives any license.	8314

(D) The state board may adopt rules in accordance with	8315
Chapter 119. of the Revised Code to carry out this section and	8316
section 3319.311 of the Revised Code.	8317

Sec. 5139.13.  (A) The department of youth services shall do	8318
all of the following:	8319

(1) Control and manage all institutions for the	8320
rehabilitation of delinquent children and youthful offenders that	8321
are operated by the state, except where the control and management	8322
of an institution is vested by law in another agency;	8323

(2) Provide treatment and training for children committed to	8324
the department and assigned by the department to various	8325
institutions under its control and management, including, but not	8326
limited to, for a child committed to it for an act that is either	8327
a sexually oriented offense that is not a registration-exempt	8328
sexually oriented offense or a child-victim oriented offense,	8329
treatment that is appropriate for a child who commits an act that	8330
is a sexually oriented offense that is not a registration-exempt	8331
sexually oriented offense or child-victim oriented offense and	8332
that is intended to ensure that the child does not commit any	8333
subsequent act that is a sexually oriented offense or a	8334
child-victim oriented offense;	8335

(3) Establish and maintain appropriate reception centers for	8336
the reception of children committed to the department and employ	8337
competent persons to have charge of those centers and to conduct	8338
investigations;	8339

(4) Establish and maintain any other facilities necessary for	8340
the training, treatment, and rehabilitation of children committed	8341
to the department.	8342

(B) As used in this section, "sexually oriented offense" has	8343
and "child-victim oriented offense" have the same meaningmeanings	8344
as in section 2950.01 of the Revised Code.	8345

Sec. 5321.01.  As used in this chapter:

8346

(A) "Tenant" means a person entitled under a rental agreement	8347
to the use and occupancy of residential premises to the exclusion	8348
of others.	8349

(B) "Landlord" means the owner, lessor, or sublessor of	8350
residential premises, the agent of the owner, lessor, or	8351
sublessor, or any person authorized by the owner, lessor, or	8352
sublessor to manage the premises or to receive rent from a tenant	8353
under a rental agreement.	8354

(C) "Residential premises" means a dwelling unit for	8355
residential use and occupancy and the structure of which it is a	8356
part, the facilities and appurtenances in it, and the grounds,	8357
areas, and facilities for the use of tenants generally or the use	8358
of which is promised the tenant. "Residential premises" includes a	8359
dwelling unit that is owned or operated by a college or	8360
university. "Residential premises" does not include any of the	8361
following:	8362

(1) Prisons, jails, workhouses, and other places of	8363
incarceration or correction, including, but not limited to,	8364
halfway houses or residential arrangements which are used or	8365
occupied as a requirement of probation or parole;	8366

(2) Hospitals and similar institutions with the primary	8367
purpose of providing medical services, and homes licensed pursuant	8368
to Chapter 3721. of the Revised Code;	8369

(3) Tourist homes, hotels, motels, recreational vehicle	8370
parks, recreation camps, combined park-camps, temporary	8371
park-camps, and other similar facilities where circumstances	8372
indicate a transient occupancy;	8373

(4) Elementary and secondary boarding schools, where the cost	8374
of room and board is included as part of the cost of tuition;	8375

(5) Orphanages and similar institutions;

8376

(6) Farm residences furnished in connection with the rental	8377
of land of a minimum of two acres for production of agricultural	8378
products by one or more of the occupants;	8379

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	8380
the Revised Code;	8381

(8) Occupancy by an owner of a condominium unit;

8382

(9) Occupancy in a facility licensed as an SRO facility	8383
pursuant to Chapter 3731. of the Revised Code, if the facility is	8384
owned or operated by an organization that is exempt from taxation	8385
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	8386
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	8387
group of entities in which such an organization has a controlling	8388
interest, and if either of the following applies:	8389

(a) The occupancy is for a period of less than sixty days;

8390

(b) The occupancy is for participation in a program operated	8391
by the facility, or by a public entity or private charitable	8392
organization pursuant to a contract with the facility, to provide	8393
either of the following:	8394

(i) Services licensed, certified, registered, or approved by	8395
a governmental agency or private accrediting organization for the	8396
rehabilitation of mentally ill persons, developmentally disabled	8397
persons, adults or juveniles convicted of criminal offenses, or	8398
persons suffering from substance abuse;	8399

(ii) Shelter for juvenile runaways, victims of domestic	8400
violence, or homeless persons.	8401

(10) Emergency shelters operated by organizations exempt from	8402
federal income taxation under section 501(c)(3) of the "Internal	8403
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	8404
amended, for persons whose circumstances indicate a transient	8405
occupancy, including homeless people, victims of domestic	8406
violence, and juvenile runaways.	8407

(D) "Rental agreement" means any agreement or lease, written	8408
or oral, which establishes or modifies the terms, conditions,	8409
rules, or any other provisions concerning the use and occupancy of	8410
residential premises by one of the parties.	8411

(E) "Security deposit" means any deposit of money or property	8412
to secure performance by the tenant under a rental agreement.	8413

(F) "Dwelling unit" means a structure or the part of a	8414
structure that is used as a home, residence, or sleeping place by	8415
one person who maintains a household or by two or more persons who	8416
maintain a common household.	8417

(G) "Controlled substance" has the same meaning as in section	8418
3719.01 of the Revised Code.	8419

(H) "Student tenant" means a person who occupies a dwelling	8420
unit owned or operated by the college or university at which the	8421
person is a student, and who has a rental agreement that is	8422
contingent upon the person's status as a student.	8423

(I) "Recreational vehicle park," "recreation camp," "combined	8424
park-camp," and "temporary park-camp" have the same meanings as in	8425
section 3733.01 of the Revised Code.	8426

(J) "School premises" has the same meaning as in section	8427
2925.01 of the Revised Code.	8428

(K) "Sexually oriented offense" and "child-victim oriented	8429
offense" have the same meanings as in section 2950.01 of the	8430
Revised Code.	8431

Sec. 5321.03.  (A) Notwithstanding section 5321.02 of the	8432
Revised Code, a landlord may bring an action under Chapter 1923.	8433
of the Revised Code for possession of the premises if:	8434

(1) The tenant is in default in the payment of rent;

8435

(2) The violation of the applicable building, housing,	8436
health, or safety code that the tenant complained of was primarily	8437
caused by any act or lack of reasonable care by the tenant, or by	8438
any other person in the tenant's household, or by anyone on the	8439
premises with the consent of the tenant;	8440

(3) Compliance with the applicable building, housing, health,	8441
or safety code would require alteration, remodeling, or demolition	8442
of the premises which would effectively deprive the tenant of the	8443
use of the dwelling unit;	8444

(4) A tenant is holding over histhe tenant's term.

8445

(5) The residential premises are located within one thousand	8446
feet of any school premises, and both of the following apply	8447
regarding the tenant or other occupant who resides in or occupies	8448
the premises:	8449

(a) The tenant's or other occupant's name appears on the	8450
state registry of sex offenders and child-victim offenders	8451
maintained under section 2950.13 of the Revised Code.	8452

(b) The state registry of sex offenders and child-victim	8453
offenders indicates that the tenant or other occupant was	8454
convicted of or pleaded guilty to either a sexually oriented	8455
offense that is not a registration-exempt sexually oriented	8456
offense or a child-victim oriented offense in a criminal	8457
prosecution and was not sentenced to a serious youthful offender	8458
dispositional sentence for that offense.	8459

(B) The maintenance of an action by the landlord under this	8460
section does not prevent the tenant from recovering damages for	8461
any violation by the landlord of the rental agreement or of	8462
section 5321.04 of the Revised Code.	8463

(C) This section does not apply to a dwelling unit occupied	8464
by a student tenant.	8465

Sec. 5321.051. (A)(1) No tenant of any residential premises	8466
located within one thousand feet of any school premises shall	8467
allow any person to occupy those residential premises if both of	8468
the following apply regarding the person:	8469

(a) The person's name appears on the state registry of sex	8470
offenders and child-victim offenders maintained under section	8471
2950.13 of the Revised Code.	8472

(b) The state registry of sex offenders and child-victim	8473
offenders indicates that the person was convicted of or pleaded	8474
guilty to either a sexually oriented offense that is not a	8475
registration-exempt sexually oriented offense or a child-victim	8476
oriented offense in a criminal prosecution and was not sentenced	8477
to a serious youthful offender dispositional sentence for that	8478
offense.	8479

(2) If a tenant allows occupancy in violation of this section	8480
or a person establishes a residence or occupies residential	8481
premises in violation of section 2950.031 of the Revised Code, the	8482
landlord for the residential premises that are the subject of the	8483
rental agreement or other tenancy may terminate the rental	8484
agreement or other tenancy of the tenant and all other occupants.	8485

(B) If a landlord is authorized to terminate a rental	8486
agreement or other tenancy pursuant to division (A) of this	8487
section but does not so terminate the rental agreement or other	8488
tenancy, the landlord is not liable in a tort or other civil	8489
action in damages for any injury, death, or loss to person or	8490
property that allegedly results from that decision.	8491

Section 2. That existing sections 109.42, 109.57, 325.32,	8492
1923.01, 1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82,	8493
2152.83, 2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07,	8494
2919.24, 2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01,	8495
2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08,	8496
2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14,	8497
2950.99, 2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03	8498
of the Revised Code are hereby repealed.	8499

Section 3. That the versions of sections 109.42, 2152.02,	8500
2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01,	8501
2950.99, and 5321.01 of the Revised Code that are scheduled to	8502
take effect January 1, 2004, be amended to read as follows:	8503

Sec. 109.42.  (A) The attorney general shall prepare and have	8504
printed a pamphlet that contains a compilation of all statutes	8505
relative to victim's rights in which the attorney general lists	8506
and explains the statutes in the form of a victim's bill of	8507
rights. The attorney general shall distribute the pamphlet to all	8508
sheriffs, marshals, municipal corporation and township police	8509
departments, constables, and other law enforcement agencies, to	8510
all prosecuting attorneys, city directors of law, village	8511
solicitors, and other similar chief legal officers of municipal	8512
corporations, and to organizations that represent or provide	8513
services for victims of crime. The victim's bill of rights set	8514
forth in the pamphlet shall contain a description of all of the	8515
rights of victims that are provided for in Chapter 2930. or in any	8516
other section of the Revised Code and shall include, but not be	8517
limited to, all of the following:	8518

(1) The right of a victim or a victim's representative to	8519
attend a proceeding before a grand jury, in a juvenile case, or in	8520
a criminal case pursuant to a subpoena without being discharged	8521
from the victim's or representative's employment, having the	8522
victim's or representative's employment terminated, having the	8523
victim's or representative's pay decreased or withheld, or	8524
otherwise being punished, penalized, or threatened as a result of	8525
time lost from regular employment because of the victim's or	8526
representative's attendance at the proceeding pursuant to the	8527
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	8528
2945.451 of the Revised Code;	8529

(2) The potential availability pursuant to section 2151.359	8530
or 2152.61 of the Revised Code of a forfeited recognizance to pay	8531
damages caused by a child when the delinquency of the child or	8532
child's violation of probation or community control is found to be	8533
proximately caused by the failure of the child's parent or	8534
guardian to subject the child to reasonable parental authority or	8535
to faithfully discharge the conditions of probation or community	8536
control;	8537

(3) The availability of awards of reparations pursuant to	8538
sections 2743.51 to 2743.72 of the Revised Code for injuries	8539
caused by criminal offenses;	8540

(4) The right of the victim in certain criminal or juvenile	8541
cases or a victim's representative to receive, pursuant to section	8542
2930.06 of the Revised Code, notice of the date, time, and place	8543
of the trial or delinquency proceeding in the case or, if there	8544
will not be a trial or delinquency proceeding, information from	8545
the prosecutor, as defined in section 2930.01 of the Revised Code,	8546
regarding the disposition of the case;	8547

(5) The right of the victim in certain criminal or juvenile	8548
cases or a victim's representative to receive, pursuant to section	8549
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	8550
name of the person charged with the violation, the case or docket	8551
number assigned to the charge, and a telephone number or numbers	8552
that can be called to obtain information about the disposition of	8553
the case;	8554

(6) The right of the victim in certain criminal or juvenile	8555
cases or of the victim's representative pursuant to section	8556
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	8557
terms set by the court as authorized under section 2930.14 of the	8558
Revised Code, to make a statement about the victimization and, if	8559
applicable, a statement relative to the sentencing or disposition	8560
of the offender;	8561

(7) The opportunity to obtain a court order, pursuant to	8562
section 2945.04 of the Revised Code, to prevent or stop the	8563
commission of the offense of intimidation of a crime victim or	8564
witness or an offense against the person or property of the	8565
complainant, or of the complainant's ward or child;	8566

(8) The right of the victim in certain criminal or juvenile	8567
cases or a victim's representative pursuant to sections 2151.38,	8568
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	8569
receive notice of a pending motion for judicial release or early	8570
release of the person who committed the offense against the	8571
victim, to make an oral or written statement at the court hearing	8572
on the motion, and to be notified of the court's decision on the	8573
motion;	8574

(9) The right of the victim in certain criminal or juvenile	8575
cases or a victim's representative pursuant to section 2930.16,	8576
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	8577
of any pending commutation, pardon, parole, transitional control,	8578
discharge, other form of authorized release, post-release control,	8579
or supervised release for the person who committed the offense	8580
against the victim or any application for release of that person	8581
and to send a written statement relative to the victimization and	8582
the pending action to the adult parole authority or the release	8583
authority of the department of youth services;	8584

(10) The right of the victim to bring a civil action pursuant	8585
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	8586
from the offender's profit fund;	8587

(11) The right, pursuant to section 3109.09 of the Revised	8588
Code, to maintain a civil action to recover compensatory damages	8589
not exceeding ten thousand dollars and costs from the parent of a	8590
minor who willfully damages property through the commission of an	8591
act that would be a theft offense, as defined in section 2913.01	8592
of the Revised Code, if committed by an adult;	8593

(12) The right, pursuant to section 3109.10 of the Revised	8594
Code, to maintain a civil action to recover compensatory damages	8595
not exceeding ten thousand dollars and costs from the parent of a	8596
minor who willfully and maliciously assaults a person;	8597

(13) The possibility of receiving restitution from an	8598
offender or a delinquent child pursuant to section 2152.20,	8599
2929.18, or 2929.28 of the Revised Code;	8600

(14) The right of the victim in certain criminal or juvenile	8601
cases or a victim's representative, pursuant to section 2930.16 of	8602
the Revised Code, to receive notice of the escape from confinement	8603
or custody of the person who committed the offense, to receive	8604
that notice from the custodial agency of the person at the	8605
victim's last address or telephone number provided to the	8606
custodial agency, and to receive notice that, if either the	8607
victim's address or telephone number changes, it is in the	8608
victim's interest to provide the new address or telephone number	8609
to the custodial agency;	8610

(15) The right of a victim of domestic violence to seek the	8611
issuance of a temporary protection order pursuant to section	8612
2919.26 of the Revised Code, to seek the issuance of a civil	8613
protection order pursuant to section 3113.31 of the Revised Code,	8614
and to be accompanied by a victim advocate during court	8615
proceedings;	8616

(16) The right of a victim of a sexually oriented offense	8617
that is not a registration-exempt sexually oriented offense or of	8618
a child-victim oriented offense that is committed by a person who	8619
is convicted of or pleads guilty to an aggravated sexually	8620
oriented offense, by a person who is adjudicated as being a sexual	8621
predator or child-victim predator, or, in certain cases, by a	8622
person who is determined to be a habitual sex offender or habitual	8623
child-victim offender to receive, pursuant to section 2950.10 of	8624
the Revised Code, notice that the person has registered with a	8625
sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised	8626
Code and notice of the person's name and, the person's residence	8627
that is registered, and the offender's school, institution of	8628
higher education, or place of employment address or addresses that	8629
are registered, and a summary of the manner in which the victim	8630
must make a request to receive the notice. As used in this	8631
division, "sexually oriented offense," "adjudicated as being a	8632
sexual predator," and "habitual sex offender,"	8633
"registration-exempt sexually oriented offense," "aggravated	8634
sexually oriented offense," "child-victim oriented offense,"	8635
"adjudicated a child-victim predator," and "habitual child-victim	8636
offender" have the same meanings as in section 2950.01 of the	8637
Revised Code.	8638

(17) The right of a victim of certain sexually violent	8639
offenses committed by a sexually violent predator who is sentenced	8640
to a prison term pursuant to division (A)(3) of section 2971.03 of	8641
the Revised Code to receive, pursuant to section 2930.16 of the	8642
Revised Code, notice of a hearing to determine whether to modify	8643
the requirement that the offender serve the entire prison term in	8644
a state correctional facility, whether to continue, revise, or	8645
revoke any existing modification of that requirement, or whether	8646
to terminate the prison term. As used in this division, "sexually	8647
violent offense" and "sexually violent predator" have the same	8648
meanings as in section 2971.01 of the Revised Code.	8649

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	8650
prosecuting attorney, assistant prosecuting attorney, city	8651
director of law, assistant city director of law, village	8652
solicitor, assistant village solicitor, or similar chief legal	8653
officer of a municipal corporation or an assistant of any of those	8654
officers who prosecutes an offense committed in this state, upon	8655
first contact with the victim of the offense, the victim's family,	8656
or the victim's dependents, shall give the victim, the victim's	8657
family, or the victim's dependents a copy of the pamphlet prepared	8658
pursuant to division (A) of this section and explain, upon	8659
request, the information in the pamphlet to the victim, the	8660
victim's family, or the victim's dependents.	8661

(b) Subject to division (B)(1)(c) of this section, a law	8662
enforcement agency that investigates an offense or delinquent act	8663
committed in this state shall give the victim of the offense or	8664
delinquent act, the victim's family, or the victim's dependents a	8665
copy of the pamphlet prepared pursuant to division (A) of this	8666
section at one of the following times:	8667

(i) Upon first contact with the victim, the victim's family,	8668
or the victim's dependents;	8669

(ii) If the offense or delinquent act is an offense of	8670
violence, if the circumstances of the offense or delinquent act	8671
and the condition of the victim, the victim's family, or the	8672
victim's dependents indicate that the victim, the victim's family,	8673
or the victim's dependents will not be able to understand the	8674
significance of the pamphlet upon first contact with the agency,	8675
and if the agency anticipates that it will have an additional	8676
contact with the victim, the victim's family, or the victim's	8677
dependents, upon the agency's second contact with the victim, the	8678
victim's family, or the victim's dependents.	8679

If the agency does not give the victim, the victim's family,	8680
or the victim's dependents a copy of the pamphlet upon first	8681
contact with them and does not have a second contact with the	8682
victim, the victim's family, or the victim's dependents, the	8683
agency shall mail a copy of the pamphlet to the victim, the	8684
victim's family, or the victim's dependents at their last known	8685
address.	8686

(c) In complying on and after December 9, 1994, with the	8687
duties imposed by division (B)(1)(a) or (b) of this section, an	8688
official or a law enforcement agency shall use copies of the	8689
pamphlet that are in the official's or agency's possession on	8690
December 9, 1994, until the official or agency has distributed all	8691
of those copies. After the official or agency has distributed all	8692
of those copies, the official or agency shall use only copies of	8693
the pamphlet that contain at least the information described in	8694
division (A)(1) to (17) of this section.	8695

(2) The failure of a law enforcement agency or of a	8696
prosecuting attorney, assistant prosecuting attorney, city	8697
director of law, assistant city director of law, village	8698
solicitor, assistant village solicitor, or similar chief legal	8699
officer of a municipal corporation or an assistant to any of those	8700
officers to give, as required by division (B)(1) of this section,	8701
the victim of an offense or delinquent act, the victim's family,	8702
or the victim's dependents a copy of the pamphlet prepared	8703
pursuant to division (A) of this section does not give the victim,	8704
the victim's family, the victim's dependents, or a victim's	8705
representative any rights under section 122.95, 2743.51 to	8706
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	8707
of the Revised Code or under any other provision of the Revised	8708
Code and does not affect any right under those sections.	8709

(3) A law enforcement agency, a prosecuting attorney or	8710
assistant prosecuting attorney, or a city director of law,	8711
assistant city director of law, village solicitor, assistant	8712
village solicitor, or similar chief legal officer of a municipal	8713
corporation that distributes a copy of the pamphlet prepared	8714
pursuant to division (A) of this section shall not be required to	8715
distribute a copy of an information card or other printed material	8716
provided by the clerk of the court of claims pursuant to section	8717
2743.71 of the Revised Code.	8718

(C) The cost of printing and distributing the pamphlet	8719
prepared pursuant to division (A) of this section shall be paid	8720
out of the reparations fund, created pursuant to section 2743.191	8721
of the Revised Code, in accordance with division (D) of that	8722
section.	8723

(D) As used in this section:

8724

(1) "Victim's representative" has the same meaning as in	8725
section 2930.01 of the Revised Code;	8726

(2) "Victim advocate" has the same meaning as in section	8727
2919.26 of the Revised Code.	8728

Sec. 2152.02.  As used in this chapter:

8729

(A) "Act charged" means the act that is identified in a	8730
complaint, indictment, or information alleging that a child is a	8731
delinquent child.	8732

(B) "Admitted to a department of youth services facility"	8733
includes admission to a facility operated, or contracted for, by	8734
the department and admission to a comparable facility outside this	8735
state by another state or the United States.	8736

(C)(1) "Child" means a person who is under eighteen years of	8737
age, except as otherwise provided in divisions (C)(2) to (6) of	8738
this section.	8739

(2) Subject to division (C)(3) of this section, any person	8740
who violates a federal or state law or a municipal ordinance prior	8741
to attaining eighteen years of age shall be deemed a "child"	8742
irrespective of that person's age at the time the complaint with	8743
respect to that violation is filed or the hearing on the complaint	8744
is held.	8745

(3) Any person who, while under eighteen years of age,	8746
commits an act that would be a felony if committed by an adult and	8747
who is not taken into custody or apprehended for that act until	8748
after the person attains twenty-one years of age is not a child in	8749
relation to that act.	8750

(4) Any person whose case is transferred for criminal	8751
prosecution pursuant to section 2152.12 of the Revised Code shall	8752
be deemed after the transfer not to be a child in the transferred	8753
case.	8754

(5) Any person whose case is transferred for criminal	8755
prosecution pursuant to section 2152.12 of the Revised Code and	8756
who subsequently is convicted of or pleads guilty to a felony in	8757
that case, and any person who is adjudicated a delinquent child	8758
for the commission of an act, who has a serious youthful offender	8759
dispositional sentence imposed for the act pursuant to section	8760
2152.13 of the Revised Code, and whose adult portion of the	8761
dispositional sentence is invoked pursuant to section 2152.14 of	8762
the Revised Code, shall be deemed after the transfer or invocation	8763
not to be a child in any case in which a complaint is filed	8764
against the person.	8765

(6) The juvenile court has jurisdiction over a person who is	8766
adjudicated a delinquent child or juvenile traffic offender prior	8767
to attaining eighteen years of age until the person attains	8768
twenty-one years of age, and, for purposes of that jurisdiction	8769
related to that adjudication, except as otherwise provided in this	8770
division, a person who is so adjudicated a delinquent child or	8771
juvenile traffic offender shall be deemed a "child" until the	8772
person attains twenty-one years of age. If a person is so	8773
adjudicated a delinquent child or juvenile traffic offender and	8774
the court makes a disposition of the person under this chapter, at	8775
any time after the person attains eighteen years of age, the	8776
places at which the person may be held under that disposition are	8777
not limited to places authorized under this chapter solely for	8778
confinement of children, and the person may be confined under that	8779
disposition, in accordance with division (F)(2) of section 2152.26	8780
of the Revised Code, in places other than those authorized under	8781
this chapter solely for confinement of children.	8782

(D) "Chronic truant" means any child of compulsory school age	8783
who is absent without legitimate excuse for absence from the	8784
public school the child is supposed to attend for seven or more	8785
consecutive school days, ten or more school days in one school	8786
month, or fifteen or more school days in a school year.	8787

(E) "Community corrections facility," "public safety beds,"	8788
"release authority," and "supervised release" have the same	8789
meanings as in section 5139.01 of the Revised Code.	8790

(F) "Delinquent child" includes any of the following:

8791

(1) Any child, except a juvenile traffic offender, who	8792
violates any law of this state or the United States, or any	8793
ordinance of a political subdivision of the state, that would be	8794
an offense if committed by an adult;	8795

(2) Any child who violates any lawful order of the court made	8796
under this chapter or under Chapter 2151. of the Revised Code	8797
other than an order issued under section 2151.87 of the Revised	8798
Code;	8799

(3) Any child who violates division (A) of section 2923.211	8800
of the Revised Code;	8801

(4) Any child who is a habitual truant and who previously has	8802
been adjudicated an unruly child for being a habitual truant;	8803

(5) Any child who is a chronic truant.

8804

(G) "Discretionary serious youthful offender" means a person	8805
who is eligible for a discretionary SYO and who is not transferred	8806
to adult court under a mandatory or discretionary transfer.	8807

(H) "Discretionary SYO" means a case in which the juvenile	8808
court, in the juvenile court's discretion, may impose a serious	8809
youthful offender disposition under section 2152.13 of the Revised	8810
Code.	8811

(I) "Discretionary transfer" means that the juvenile court	8812
has discretion to transfer a case for criminal prosecution under	8813
division (B) of section 2152.12 of the Revised Code.	8814

(J) "Drug abuse offense," "felony drug abuse offense," and	8815
"minor drug possession offense" have the same meanings as in	8816
section 2925.01 of the Revised Code.	8817

(K) "Electronic monitoring" and "electronic monitoring	8818
device" have the same meanings as in section 2929.01 of the	8819
Revised Code.	8820

(L) "Economic loss" means any economic detriment suffered by	8821
a victim of a delinquent act as a result of the delinquent act and	8822
includes any loss of income due to lost time at work because of	8823
any injury caused to the victim and any property loss, medical	8824
cost, or funeral expense incurred as a result of the delinquent	8825
act.	8826

(M) "Firearm" has the same meaning as in section 2923.11 of	8827
the Revised Code.	8828

(N) "Juvenile traffic offender" means any child who violates	8829
any traffic law, traffic ordinance, or traffic regulation of this	8830
state, the United States, or any political subdivision of this	8831
state, other than a resolution, ordinance, or regulation of a	8832
political subdivision of this state the violation of which is	8833
required to be handled by a parking violations bureau or a joint	8834
parking violations bureau pursuant to Chapter 4521. of the Revised	8835
Code.	8836

(O) A "legitimate excuse for absence from the public school	8837
the child is supposed to attend" has the same meaning as in	8838
section 2151.011 of the Revised Code.	8839

(P) "Mandatory serious youthful offender" means a person who	8840
is eligible for a mandatory SYO and who is not transferred to	8841
adult court under a mandatory or discretionary transfer.	8842

(Q) "Mandatory SYO" means a case in which the juvenile court	8843
is required to impose a mandatory serious youthful offender	8844
disposition under section 2152.13 of the Revised Code.	8845

(R) "Mandatory transfer" means that a case is required to be	8846
transferred for criminal prosecution under division (A) of section	8847
2152.12 of the Revised Code.	8848

(S) "Mental illness" has the same meaning as in section	8849
5122.01 of the Revised Code.	8850

(T) "Mentally retarded person" has the same meaning as in	8851
section 5123.01 of the Revised Code.	8852

(U) "Monitored time" and "repeat violent offender" have the	8853
same meanings as in section 2929.01 of the Revised Code.	8854

(V) "Of compulsory school age" has the same meaning as in	8855
section 3321.01 of the Revised Code.	8856

(W) "Public record" has the same meaning as in section 149.43	8857
of the Revised Code.	8858

(X) "Serious youthful offender" means a person who is	8859
eligible for a mandatory SYO or discretionary SYO but who is not	8860
transferred to adult court under a mandatory or discretionary	8861
transfer.	8862

(Y) "Sexually oriented offense," "habitual sex offender,"	8863
"juvenile sex offender registrant," and "sexual predator,"	8864
"presumptive registration-exempt sexually oriented offense,"	8865
"registration-exempt sexually oriented offense," "child-victim	8866
oriented offense," "habitual child-victim offender," and	8867
"child-victim predator" have the same meanings as in section	8868
2950.01 of the Revised Code.	8869

(Z) "Traditional juvenile" means a case that is not	8870
transferred to adult court under a mandatory or discretionary	8871
transfer, that is eligible for a disposition under sections	8872
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	8873
that is not eligible for a disposition under section 2152.13 of	8874
the Revised Code.	8875

(AA) "Transfer" means the transfer for criminal prosecution	8876
of a case involving the alleged commission by a child of an act	8877
that would be an offense if committed by an adult from the	8878
juvenile court to the appropriate court that has jurisdiction of	8879
the offense.	8880

(BB) "Category one offense" means any of the following:

8881

(1) A violation of section 2903.01 or 2903.02 of the Revised	8882
Code;	8883

(2) A violation of section 2923.02 of the Revised Code	8884
involving an attempt to commit aggravated murder or murder.	8885

(CC) "Category two offense" means any of the following:

8886

(1) A violation of section 2903.03, 2905.01, 2907.02,	8887
2909.02, 2911.01, or 2911.11 of the Revised Code;	8888

(2) A violation of section 2903.04 of the Revised Code that	8889
is a felony of the first degree;	8890

(3) A violation of section 2907.12 of the Revised Code as it	8891
existed prior to September 3, 1996.	8892

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	8893
child, the court may make any of the following orders of	8894
disposition, in addition to any other disposition authorized or	8895
required by this chapter:	8896

(1) Any order that is authorized by section 2151.353 of the	8897
Revised Code for the care and protection of an abused, neglected,	8898
or dependent child;	8899

(2) Commit the child to the temporary custody of any school,	8900
camp, institution, or other facility operated for the care of	8901
delinquent children by the county, by a district organized under	8902
section 2152.41 or 2151.65 of the Revised Code, or by a private	8903
agency or organization, within or without the state, that is	8904
authorized and qualified to provide the care, treatment, or	8905
placement required, including, but not limited to, a school, camp,	8906
or facility operated under section 2151.65 of the Revised Code;	8907

(3) Place the child in a detention facility or district	8908
detention facility operated under section 2152.41 of the Revised	8909
Code, for up to ninety days;	8910

(4) Place the child on community control under any sanctions,	8911
services, and conditions that the court prescribes. As a condition	8912
of community control in every case and in addition to any other	8913
condition that it imposes upon the child, the court shall require	8914
the child to abide by the law during the period of community	8915
control. As referred to in this division, community control	8916
includes, but is not limited to, the following sanctions and	8917
conditions:	8918

(a) A period of basic probation supervision in which the	8919
child is required to maintain contact with a person appointed to	8920
supervise the child in accordance with sanctions imposed by the	8921
court;	8922

(b) A period of intensive probation supervision in which the	8923
child is required to maintain frequent contact with a person	8924
appointed by the court to supervise the child while the child is	8925
seeking or maintaining employment and participating in training,	8926
education, and treatment programs as the order of disposition;	8927

(c) A period of day reporting in which the child is required	8928
each day to report to and leave a center or another approved	8929
reporting location at specified times in order to participate in	8930
work, education or training, treatment, and other approved	8931
programs at the center or outside the center;	8932

(d) A period of community service of up to five hundred hours	8933
for an act that would be a felony or a misdemeanor of the first	8934
degree if committed by an adult, up to two hundred hours for an	8935
act that would be a misdemeanor of the second, third, or fourth	8936
degree if committed by an adult, or up to thirty hours for an act	8937
that would be a minor misdemeanor if committed by an adult;	8938

(e) A requirement that the child obtain a high school	8939
diploma, a certificate of high school equivalence, vocational	8940
training, or employment;	8941

(f) A period of drug and alcohol use monitoring;

8942

(g) A requirement of alcohol or drug assessment or	8943
counseling, or a period in an alcohol or drug treatment program	8944
with a level of security for the child as determined necessary by	8945
the court;	8946

(h) A period in which the court orders the child to observe a	8947
curfew that may involve daytime or evening hours;	8948

(i) A requirement that the child serve monitored time;

8949

(j) A period of house arrest without electronic monitoring;

8950

(k) A period of electronic monitoring without house arrest or	8951
house arrest with electronic monitoring that does not exceed the	8952
maximum sentence of imprisonment that could be imposed upon an	8953
adult who commits the same act.	8954

A period of house arrest with electronic monitoring imposed	8955
under this division shall not extend beyond the child's	8956
twenty-first birthday. If a court imposes a period of house arrest	8957
with electronic monitoring upon a child under this division, it	8958
shall require the child: to remain in the child's home or other	8959
specified premises for the entire period of house arrest with	8960
electronic monitoring except when the court permits the child to	8961
leave those premises to go to school or to other specified	8962
premises; to be monitored by a central system that can determine	8963
the child's location at designated times; to report periodically	8964
to a person designated by the court; and to enter into a written	8965
contract with the court agreeing to comply with all requirements	8966
imposed by the court, agreeing to pay any fee imposed by the court	8967
for the costs of the house arrest with electronic monitoring, and	8968
agreeing to waive the right to receive credit for any time served	8969
on house arrest with electronic monitoring toward the period of	8970
any other dispositional order imposed upon the child if the child	8971
violates any of the requirements of the dispositional order of	8972
house arrest with electronic monitoring. The court also may impose	8973
other reasonable requirements upon the child.	8974

Unless ordered by the court, a child shall not receive credit	8975
for any time served on house arrest with electronic monitoring	8976
toward any other dispositional order imposed upon the child for	8977
the act for which was imposed the dispositional order of house	8978
arrest with electronic monitoring.	8979

(l) A suspension of the driver's license, probationary	8980
driver's license, or temporary instruction permit issued to the	8981
child for a period of time prescribed by the court, or a	8982
suspension of the registration of all motor vehicles registered in	8983
the name of the child for a period of time prescribed by the	8984
court. A child whose license or permit is so suspended is	8985
ineligible for issuance of a license or permit during the period	8986
of suspension. At the end of the period of suspension, the child	8987
shall not be reissued a license or permit until the child has paid	8988
any applicable reinstatement fee and complied with all	8989
requirements governing license reinstatement.	8990

(5) Commit the child to the custody of the court;

8991

(6) Require the child to not be absent without legitimate	8992
excuse from the public school the child is supposed to attend for	8993
five or more consecutive days, seven or more school days in one	8994
school month, or twelve or more school days in a school year;	8995

(7)(a) If a child is adjudicated a delinquent child for being	8996
a chronic truant or an habitual truant who previously has been	8997
adjudicated an unruly child for being a habitual truant, do either	8998
or both of the following:	8999

(i) Require the child to participate in a truancy prevention	9000
mediation program;	9001

(ii) Make any order of disposition as authorized by this	9002
section, except that the court shall not commit the child to a	9003
facility described in division (A)(2) or (3) of this section	9004
unless the court determines that the child violated a lawful court	9005
order made pursuant to division (C)(1)(e) of section 2151.354 of	9006
the Revised Code or division (A)(6) of this section.	9007

(b) If a child is adjudicated a delinquent child for being a	9008
chronic truant or a habitual truant who previously has been	9009
adjudicated an unruly child for being a habitual truant and the	9010
court determines that the parent, guardian, or other person having	9011
care of the child has failed to cause the child's attendance at	9012
school in violation of section 3321.38 of the Revised Code, do	9013
either or both of the following:	9014

(i) Require the parent, guardian, or other person having care	9015
of the child to participate in a truancy prevention mediation	9016
program;	9017

(ii) Require the parent, guardian, or other person having	9018
care of the child to participate in any community service program,	9019
preferably a community service program that requires the	9020
involvement of the parent, guardian, or other person having care	9021
of the child in the school attended by the child.	9022

(8) Make any further disposition that the court finds proper,	9023
except that the child shall not be placed in any of the following:	9024

(a) A state correctional institution, a county, multicounty,	9025
or municipal jail or workhouse, or another place in which an adult	9026
convicted of a crime, under arrest, or charged with a crime is	9027
held;	9028

(b) A community corrections facility, if the child would be	9029
covered by the definition of public safety beds for purposes of	9030
sections 5139.41 to 5139.45 of the Revised Code if the court	9031
exercised its authority to commit the child to the legal custody	9032
of the department of youth services for institutionalization or	9033
institutionalization in a secure facility pursuant to this	9034
chapter.	9035

(B) If a child is adjudicated a delinquent child, in addition	9036
to any order of disposition made under division (A) of this	9037
section, the court, in the following situations and for the	9038
specified periods of time, shall suspend the child's temporary	9039
instruction permit, restricted license, probationary driver's	9040
license, or nonresident operating privilege, or suspend the	9041
child's ability to obtain such a permit:	9042

(1) If the child is adjudicated a delinquent child for	9043
violating section 2923.122 of the Revised Code, impose a class	9044
four suspension of the child's license, permit, or privilege from	9045
the range specified in division (A)(4) of section 4510.02 of the	9046
Revised Code or deny the child the issuance of a license or permit	9047
in accordance with division (F)(1) of section 2923.122 of the	9048
Revised Code.	9049

(2) If the child is adjudicated a delinquent child for	9050
committing an act that if committed by an adult would be a drug	9051
abuse offense or for violating division (B) of section 2917.11 of	9052
the Revised Code, suspend the child's license, permit, or	9053
privilege for a period of time prescribed by the court. The court,	9054
in its discretion, may terminate the suspension if the child	9055
attends and satisfactorily completes a drug abuse or alcohol abuse	9056
education, intervention, or treatment program specified by the	9057
court. During the time the child is attending a program described	9058
in this division, the court shall retain the child's temporary	9059
instruction permit, probationary driver's license, or driver's	9060
license, and the court shall return the permit or license if it	9061
terminates the suspension as described in this division.	9062

(C) The court may establish a victim-offender mediation	9063
program in which victims and their offenders meet to discuss the	9064
offense and suggest possible restitution. If the court obtains the	9065
assent of the victim of the delinquent act committed by the child,	9066
the court may require the child to participate in the program.	9067

(D)(1) If a child is adjudicated a delinquent child for	9068
committing an act that would be a felony if committed by an adult	9069
and if the child caused, attempted to cause, threatened to cause,	9070
or created a risk of physical harm to the victim of the act, the	9071
court, prior to issuing an order of disposition under this	9072
section, shall order the preparation of a victim impact statement	9073
by the probation department of the county in which the victim of	9074
the act resides, by the court's own probation department, or by a	9075
victim assistance program that is operated by the state, a county,	9076
a municipal corporation, or another governmental entity. The court	9077
shall consider the victim impact statement in determining the	9078
order of disposition to issue for the child.	9079

(2) Each victim impact statement shall identify the victim of	9080
the act for which the child was adjudicated a delinquent child,	9081
itemize any economic loss suffered by the victim as a result of	9082
the act, identify any physical injury suffered by the victim as a	9083
result of the act and the seriousness and permanence of the	9084
injury, identify any change in the victim's personal welfare or	9085
familial relationships as a result of the act and any	9086
psychological impact experienced by the victim or the victim's	9087
family as a result of the act, and contain any other information	9088
related to the impact of the act upon the victim that the court	9089
requires.	9090

(3) A victim impact statement shall be kept confidential and	9091
is not a public record. However, the court may furnish copies of	9092
the statement to the department of youth services if the	9093
delinquent child is committed to the department or to both the	9094
adjudicated delinquent child or the adjudicated delinquent child's	9095
counsel and the prosecuting attorney. The copy of a victim impact	9096
statement furnished by the court to the department pursuant to	9097
this section shall be kept confidential and is not a public	9098
record. If an officer is preparing pursuant to section 2947.06 or	9099
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	9100
investigation report pertaining to a person, the court shall make	9101
available to the officer, for use in preparing the report, a copy	9102
of any victim impact statement regarding that person. The copies	9103
of a victim impact statement that are made available to the	9104
adjudicated delinquent child or the adjudicated delinquent child's	9105
counsel and the prosecuting attorney pursuant to this division	9106
shall be returned to the court by the person to whom they were	9107
made available immediately following the imposition of an order of	9108
disposition for the child under this chapter.	9109

The copy of a victim impact statement that is made available	9110
pursuant to this division to an officer preparing a criminal	9111
presentence investigation report shall be returned to the court by	9112
the officer immediately following its use in preparing the report.	9113

(4) The department of youth services shall work with local	9114
probation departments and victim assistance programs to develop a	9115
standard victim impact statement.	9116

(E) If a child is adjudicated a delinquent child for being a	9117
chronic truant or an habitual truant who previously has been	9118
adjudicated an unruly child for being an habitual truant and the	9119
court determines that the parent, guardian, or other person having	9120
care of the child has failed to cause the child's attendance at	9121
school in violation of section 3321.38 of the Revised Code, in	9122
addition to any order of disposition it makes under this section,	9123
the court shall warn the parent, guardian, or other person having	9124
care of the child that any subsequent adjudication of the child as	9125
an unruly or delinquent child for being an habitual or chronic	9126
truant may result in a criminal charge against the parent,	9127
guardian, or other person having care of the child for a violation	9128
of division (C) of section 2919.21 or section 2919.24 of the	9129
Revised Code.	9130

(F)(1) During the period of a delinquent child's community	9131
control granted under this section, authorized probation officers	9132
who are engaged within the scope of their supervisory duties or	9133
responsibilities may search, with or without a warrant, the person	9134
of the delinquent child, the place of residence of the delinquent	9135
child, and a motor vehicle, another item of tangible or intangible	9136
personal property, or other real property in which the delinquent	9137
child has a right, title, or interest or for which the delinquent	9138
child has the express or implied permission of a person with a	9139
right, title, or interest to use, occupy, or possess if the	9140
probation officers have reasonable grounds to believe that the	9141
delinquent child is not abiding by the law or otherwise is not	9142
complying with the conditions of the delinquent child's community	9143
control. The court that places a delinquent child on community	9144
control under this section shall provide the delinquent child with	9145
a written notice that informs the delinquent child that authorized	9146
probation officers who are engaged within the scope of their	9147
supervisory duties or responsibilities may conduct those types of	9148
searches during the period of community control if they have	9149
reasonable grounds to believe that the delinquent child is not	9150
abiding by the law or otherwise is not complying with the	9151
conditions of the delinquent child's community control. The court	9152
also shall provide the written notice described in division (E)(2)	9153
of this section to each parent, guardian, or custodian of the	9154
delinquent child who is described in that division.	9155

(2) The court that places a child on community control under	9156
this section shall provide the child's parent, guardian, or other	9157
custodian with a written notice that informs them that authorized	9158
probation officers may conduct searches pursuant to division	9159
(E)(1) of this section. The notice shall specifically state that a	9160
permissible search might extend to a motor vehicle, another item	9161
of tangible or intangible personal property, or a place of	9162
residence or other real property in which a notified parent,	9163
guardian, or custodian has a right, title, or interest and that	9164
the parent, guardian, or custodian expressly or impliedly permits	9165
the child to use, occupy, or possess.	9166

(G) If a juvenile court commits a delinquent child to the	9167
custody of any person, organization, or entity pursuant to this	9168
section and if the delinquent act for which the child is so	9169
committed is a sexually oriented offense that is not a	9170
registration-exempt sexually oriented offense or is a child-victim	9171
oriented offense, the court in the order of disposition shall do	9172
one of the following:	9173

(1) Require that the child be provided treatment as described	9174
in division (A)(2) of section 5139.13 of the Revised Code;	9175

(2) Inform the person, organization, or entity that it is the	9176
preferred course of action in this state that the child be	9177
provided treatment as described in division (A)(2) of section	9178
5139.13 of the Revised Code and encourage the person,	9179
organization, or entity to provide that treatment.	9180

Sec. 2743.191.  (A)(1) There is hereby created in the state	9181
treasury the reparations fund, which shall be used only for the	9182
following purposes:	9183

(a) The payment of awards of reparations that are granted by	9184
the attorney general;	9185

(b) The compensation of any personnel needed by the attorney	9186
general to administer sections 2743.51 to 2743.72 of the Revised	9187
Code;	9188

(c) The compensation of witnesses as provided in division (B)	9189
of section 2743.65 of the Revised Code;	9190

(d) Other administrative costs of hearing and determining	9191
claims for an award of reparations by the attorney general;	9192

(e) The costs of administering sections 2907.28 and 2969.01	9193
to 2969.06 of the Revised Code;	9194

(f) The costs of investigation and decision-making as	9195
certified by the attorney general;	9196

(g) The provision of state financial assistance to victim	9197
assistance programs in accordance with sections 109.91 and 109.92	9198
of the Revised Code;	9199

(h) The costs of paying the expenses of sex offense-related	9200
examinations and antibiotics pursuant to section 2907.28 of the	9201
Revised Code;	9202

(i) The cost of printing and distributing the pamphlet	9203
prepared by the attorney general pursuant to section 109.42 of the	9204
Revised Code;	9205

(j) Subject to division (D) of section 2743.71 of the Revised	9206
Code, the costs associated with the printing and providing of	9207
information cards or other printed materials to law enforcement	9208
agencies and prosecuting authorities and with publicizing the	9209
availability of awards of reparations pursuant to section 2743.71	9210
of the Revised Code;	9211

(k) The payment of costs of administering a DNA specimen	9212
collection procedure pursuant to section 2152.74 of the Revised	9213
Code in relation to any act identified in division (E)(1) to (5)	9214
of that section and pursuant to section 2901.07 of the Revised	9215
Code in relation to any act identified in division (E)(1) to (5)	9216
of that section, of performing DNA analysis of those DNA	9217
specimens, and of entering the resulting DNA records regarding	9218
those analyses into the DNA database pursuant to section 109.573	9219
of the Revised Code;	9220

(l) The payment of actual costs associated with initiatives	9221
by the attorney general for the apprehension, prosecution, and	9222
accountability of offenders, and the enhancing of services to	9223
crime victims. The amount of payments made pursuant to division	9224
(A)(1)(l) of this section during any given fiscal year shall not	9225
exceed five per cent of the balance of the reparations fund at the	9226
close of the immediately previous fiscal year.	9227

(2) All costs paid pursuant to section 2743.70 of the Revised	9228
Code, the portions of license reinstatement fees mandated by	9229
division (F)(2)(b) of section 4511.191 of the Revised Code to be	9230
credited to the fund, the portions of the proceeds of the sale of	9231
a forfeited vehicle specified in division (C)(2) of section	9232
4503.234 of the Revised Code, payments collected by the department	9233
of rehabilitation and correction from prisoners who voluntarily	9234
participate in an approved work and training program pursuant to	9235
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	9236
all moneys collected by the state pursuant to its right of	9237
subrogation provided in section 2743.72 of the Revised Code shall	9238
be deposited in the fund.	9239

(B) In making an award of reparations, the attorney general	9240
shall render the award against the state. The award shall be	9241
accomplished only through the following procedure, and the	9242
following procedure may be enforced by writ of mandamus directed	9243
to the appropriate official:	9244

(1) The attorney general shall provide for payment of the	9245
claimant or providers in the amount of the award.	9246

(2) The expense shall be charged against all available	9247
unencumbered moneys in the fund.	9248

(3) If sufficient unencumbered moneys do not exist in the	9249
fund, the attorney general shall make application for payment of	9250
the award out of the emergency purposes account or any other	9251
appropriation for emergencies or contingencies, and payment out of	9252
this account or other appropriation shall be authorized if there	9253
are sufficient moneys greater than the sum total of then pending	9254
emergency purposes account requests or requests for releases from	9255
the other appropriations.	9256

(4) If sufficient moneys do not exist in the account or any	9257
other appropriation for emergencies or contingencies to pay the	9258
award, the attorney general shall request the general assembly to	9259
make an appropriation sufficient to pay the award, and no payment	9260
shall be made until the appropriation has been made. The attorney	9261
general shall make this appropriation request during the current	9262
biennium and during each succeeding biennium until a sufficient	9263
appropriation is made. If, prior to the time that an appropriation	9264
is made by the general assembly pursuant to this division, the	9265
fund has sufficient unencumbered funds to pay the award or part of	9266
the award, the available funds shall be used to pay the award or	9267
part of the award, and the appropriation request shall be amended	9268
to request only sufficient funds to pay that part of the award	9269
that is unpaid.	9270

(C) The attorney general shall not make payment on a decision	9271
or order granting an award until all appeals have been determined	9272
and all rights to appeal exhausted, except as otherwise provided	9273
in this section. If any party to a claim for an award of	9274
reparations appeals from only a portion of an award, and a	9275
remaining portion provides for the payment of money by the state,	9276
that part of the award calling for the payment of money by the	9277
state and not a subject of the appeal shall be processed for	9278
payment as described in this section.	9279

(D) The attorney general shall prepare itemized bills for the	9280
costs of printing and distributing the pamphlet the attorney	9281
general prepares pursuant to section 109.42 of the Revised Code.	9282
The itemized bills shall set forth the name and address of the	9283
persons owed the amounts set forth in them.	9284

(E) As used in this section, "DNA analysis" and "DNA	9285
specimen" have the same meanings as in section 109.573 of the	9286
Revised Code.	9287

Sec. 2929.01.  As used in this chapter:

9288

(A)(1) "Alternative residential facility" means, subject to	9289
division (A)(2) of this section, any facility other than an	9290
offender's home or residence in which an offender is assigned to	9291
live and that satisfies all of the following criteria:	9292

(a) It provides programs through which the offender may seek	9293
or maintain employment or may receive education, training,	9294
treatment, or habilitation.	9295

(b) It has received the appropriate license or certificate	9296
for any specialized education, training, treatment, habilitation,	9297
or other service that it provides from the government agency that	9298
is responsible for licensing or certifying that type of education,	9299
training, treatment, habilitation, or service.	9300

(2) "Alternative residential facility" does not include a	9301
community-based correctional facility, jail, halfway house, or	9302
prison.	9303

(B) "Bad time" means the time by which the parole board	9304
administratively extends an offender's stated prison term or terms	9305
pursuant to section 2967.11 of the Revised Code because the parole	9306
board finds by clear and convincing evidence that the offender,	9307
while serving the prison term or terms, committed an act that is a	9308
criminal offense under the law of this state or the United States,	9309
whether or not the offender is prosecuted for the commission of	9310
that act.	9311

(C) "Basic probation supervision" means a requirement that	9312
the offender maintain contact with a person appointed to supervise	9313
the offender in accordance with sanctions imposed by the court or	9314
imposed by the parole board pursuant to section 2967.28 of the	9315
Revised Code. "Basic probation supervision" includes basic parole	9316
supervision and basic post-release control supervision.	9317

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	9318
"unit dose" have the same meanings as in section 2925.01 of the	9319
Revised Code.	9320

(E) "Community-based correctional facility" means a	9321
community-based correctional facility and program or district	9322
community-based correctional facility and program developed	9323
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	9324

(F) "Community control sanction" means a sanction that is not	9325
a prison term and that is described in section 2929.15, 2929.16,	9326
2929.17, or 2929.18 of the Revised Code or a sanction that is not	9327
a jail term and that is described in section 2929.26, 2929.27, or	9328
2929.28 of the Revised Code. "Community control sanction" includes	9329
probation if the sentence involved was imposed for a felony that	9330
was committed prior to July 1, 1996, or if the sentence involved	9331
was imposed for a misdemeanor that was committed prior to January	9332
1, 2004.	9333

(G) "Controlled substance," "marihuana," "schedule I," and	9334
"schedule II" have the same meanings as in section 3719.01 of the	9335
Revised Code.	9336

(H) "Curfew" means a requirement that an offender during a	9337
specified period of time be at a designated place.	9338

(I) "Day reporting" means a sanction pursuant to which an	9339
offender is required each day to report to and leave a center or	9340
other approved reporting location at specified times in order to	9341
participate in work, education or training, treatment, and other	9342
approved programs at the center or outside the center.	9343

(J) "Deadly weapon" has the same meaning as in section	9344
2923.11 of the Revised Code.	9345

(K) "Drug and alcohol use monitoring" means a program under	9346
which an offender agrees to submit to random chemical analysis of	9347
the offender's blood, breath, or urine to determine whether the	9348
offender has ingested any alcohol or other drugs.	9349

(L) "Drug treatment program" means any program under which a	9350
person undergoes assessment and treatment designed to reduce or	9351
completely eliminate the person's physical or emotional reliance	9352
upon alcohol, another drug, or alcohol and another drug and under	9353
which the person may be required to receive assessment and	9354
treatment on an outpatient basis or may be required to reside at a	9355
facility other than the person's home or residence while	9356
undergoing assessment and treatment.	9357

(M) "Economic loss" means any economic detriment suffered by	9358
a victim as a result of the commission of a felony and includes	9359
any loss of income due to lost time at work because of any injury	9360
caused to the victim, and any property loss, medical cost, or	9361
funeral expense incurred as a result of the commission of the	9362
felony.	9363

(N) "Education or training" includes study at, or in	9364
conjunction with a program offered by, a university, college, or	9365
technical college or vocational study and also includes the	9366
completion of primary school, secondary school, and literacy	9367
curricula or their equivalent.	9368

(O) "Firearm" has the same meaning as in section 2923.11 of	9369
the Revised Code.	9370

(P) "Halfway house" means a facility licensed by the division	9371
of parole and community services of the department of	9372
rehabilitation and correction pursuant to section 2967.14 of the	9373
Revised Code as a suitable facility for the care and treatment of	9374
adult offenders.	9375

(Q) "House arrest" means a period of confinement of an	9376
offender that is in the offender's home or in other premises	9377
specified by the sentencing court or by the parole board pursuant	9378
to section 2967.28 of the Revised Code and during which all of the	9379
following apply:	9380

(1) The offender is required to remain in the offender's home	9381
or other specified premises for the specified period of	9382
confinement, except for periods of time during which the offender	9383
is at the offender's place of employment or at other premises as	9384
authorized by the sentencing court or by the parole board.	9385

(2) The offender is required to report periodically to a	9386
person designated by the court or parole board.	9387

(3) The offender is subject to any other restrictions and	9388
requirements that may be imposed by the sentencing court or by the	9389
parole board.	9390

(R) "Intensive probation supervision" means a requirement	9391
that an offender maintain frequent contact with a person appointed	9392
by the court, or by the parole board pursuant to section 2967.28	9393
of the Revised Code, to supervise the offender while the offender	9394
is seeking or maintaining necessary employment and participating	9395
in training, education, and treatment programs as required in the	9396
court's or parole board's order. "Intensive probation supervision"	9397
includes intensive parole supervision and intensive post-release	9398
control supervision.	9399

(S) "Jail" means a jail, workhouse, minimum security jail, or	9400
other residential facility used for the confinement of alleged or	9401
convicted offenders that is operated by a political subdivision or	9402
a combination of political subdivisions of this state.	9403

(T) "Jail term" means the term in a jail that a sentencing	9404
court imposes or is authorized to impose pursuant to section	9405
2929.24 or 2929.25 of the Revised Code or pursuant to any other	9406
provision of the Revised Code that authorizes a term in a jail for	9407
a misdemeanor conviction.	9408

(U) "Mandatory jail term" means the term in a jail that a	9409
sentencing court is required to impose pursuant to division (G) of	9410
section 1547.99 of the Revised Code, division (B) of section	9411
4510.14 of the Revised Code, or division (G) of section 4511.19 of	9412
the Revised Code or pursuant to any other provision of the Revised	9413
Code that requires a term in a jail for a misdemeanor conviction.	9414

(V) "Delinquent child" has the same meaning as in section	9415
2152.02 of the Revised Code.	9416

(W) "License violation report" means a report that is made by	9417
a sentencing court, or by the parole board pursuant to section	9418
2967.28 of the Revised Code, to the regulatory or licensing board	9419
or agency that issued an offender a professional license or a	9420
license or permit to do business in this state and that specifies	9421
that the offender has been convicted of or pleaded guilty to an	9422
offense that may violate the conditions under which the offender's	9423
professional license or license or permit to do business in this	9424
state was granted or an offense for which the offender's	9425
professional license or license or permit to do business in this	9426
state may be revoked or suspended.	9427

(X) "Major drug offender" means an offender who is convicted	9428
of or pleads guilty to the possession of, sale of, or offer to	9429
sell any drug, compound, mixture, preparation, or substance that	9430
consists of or contains at least one thousand grams of hashish; at	9431
least one hundred grams of crack cocaine; at least one thousand	9432
grams of cocaine that is not crack cocaine; at least two thousand	9433
five hundred unit doses or two hundred fifty grams of heroin; at	9434
least five thousand unit doses of L.S.D. or five hundred grams of	9435
L.S.D. in a liquid concentrate, liquid extract, or liquid	9436
distillate form; or at least one hundred times the amount of any	9437
other schedule I or II controlled substance other than marihuana	9438
that is necessary to commit a felony of the third degree pursuant	9439
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	9440
Code that is based on the possession of, sale of, or offer to sell	9441
the controlled substance.	9442

(Y) "Mandatory prison term" means any of the following:

9443

(1) Subject to division (Y)(2) of this section, the term in	9444
prison that must be imposed for the offenses or circumstances set	9445
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	9446
division (D) of section 2929.14 of the Revised Code. Except as	9447
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	9448
2925.11 of the Revised Code, unless the maximum or another	9449
specific term is required under section 2929.14 of the Revised	9450
Code, a mandatory prison term described in this division may be	9451
any prison term authorized for the level of offense.	9452

(2) The term of sixty or one hundred twenty days in prison	9453
that a sentencing court is required to impose for a third or	9454
fourth degree felony OVI offense pursuant to division (G)(2) of	9455
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	9456
of the Revised Code.	9457

(3) The term in prison imposed pursuant to section 2971.03 of	9458
the Revised Code for the offenses and in the circumstances	9459
described in division (F)(11) of section 2929.13 of the Revised	9460
Code and that term as modified or terminated pursuant to section	9461
2971.05 of the Revised Code.	9462

(Z) "Monitored time" means a period of time during which an	9463
offender continues to be under the control of the sentencing court	9464
or parole board, subject to no conditions other than leading a	9465
law-abiding life.	9466

(AA) "Offender" means a person who, in this state, is	9467
convicted of or pleads guilty to a felony or a misdemeanor.	9468

(BB) "Prison" means a residential facility used for the	9469
confinement of convicted felony offenders that is under the	9470
control of the department of rehabilitation and correction but	9471
does not include a violation sanction center operated under	9472
authority of section 2967.141 of the Revised Code.	9473

(CC) "Prison term" includes any of the following sanctions	9474
for an offender:	9475

(1) A stated prison term;

9476

(2) A term in a prison shortened by, or with the approval of,	9477
the sentencing court pursuant to section 2929.20, 2967.26,	9478
5120.031, 5120.032, or 5120.073 of the Revised Code;	9479

(3) A term in prison extended by bad time imposed pursuant to	9480
section 2967.11 of the Revised Code or imposed for a violation of	9481
post-release control pursuant to section 2967.28 of the Revised	9482
Code.	9483

(DD) "Repeat violent offender" means a person about whom both	9484
of the following apply:	9485

(1) The person has been convicted of or has pleaded guilty	9486
to, and is being sentenced for committing, for complicity in	9487
committing, or for an attempt to commit, aggravated murder,	9488
murder, involuntary manslaughter, a felony of the first degree	9489
other than one set forth in Chapter 2925. of the Revised Code, a	9490
felony of the first degree set forth in Chapter 2925. of the	9491
Revised Code that involved an attempt to cause serious physical	9492
harm to a person or that resulted in serious physical harm to a	9493
person, or a felony of the second degree that involved an attempt	9494
to cause serious physical harm to a person or that resulted in	9495
serious physical harm to a person.	9496

(2) Either of the following applies:

9497

(a) The person previously was convicted of or pleaded guilty	9498
to, and previously served or, at the time of the offense was	9499
serving, a prison term for, any of the following:	9500

(i) Aggravated murder, murder, involuntary manslaughter,	9501
rape, felonious sexual penetration as it existed under section	9502
2907.12 of the Revised Code prior to September 3, 1996, a felony	9503
of the first or second degree that resulted in the death of a	9504
person or in physical harm to a person, or complicity in or an	9505
attempt to commit any of those offenses;	9506

(ii) An offense under an existing or former law of this	9507
state, another state, or the United States that is or was	9508
substantially equivalent to an offense listed under division	9509
(DD)(2)(a)(i) of this section and that resulted in the death of a	9510
person or in physical harm to a person.	9511

(b) The person previously was adjudicated a delinquent child	9512
for committing an act that if committed by an adult would have	9513
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	9514
section, the person was committed to the department of youth	9515
services for that delinquent act.	9516

(EE) "Sanction" means any penalty imposed upon an offender	9517
who is convicted of or pleads guilty to an offense, as punishment	9518
for the offense. "Sanction" includes any sanction imposed pursuant	9519
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	9520
2929.28 of the Revised Code.	9521

(FF) "Sentence" means the sanction or combination of	9522
sanctions imposed by the sentencing court on an offender who is	9523
convicted of or pleads guilty to an offense.	9524

(GG) "Stated prison term" means the prison term, mandatory	9525
prison term, or combination of all prison terms and mandatory	9526
prison terms imposed by the sentencing court pursuant to section	9527
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	9528
includes any credit received by the offender for time spent in	9529
jail awaiting trial, sentencing, or transfer to prison for the	9530
offense and any time spent under house arrest or house arrest with	9531
electronic monitoring imposed after earning credits pursuant to	9532
section 2967.193 of the Revised Code.	9533

(HH) "Victim-offender mediation" means a reconciliation or	9534
mediation program that involves an offender and the victim of the	9535
offense committed by the offender and that includes a meeting in	9536
which the offender and the victim may discuss the offense, discuss	9537
restitution, and consider other sanctions for the offense.	9538

(II) "Fourth degree felony OVI offense" means a violation of	9539
division (A) of section 4511.19 of the Revised Code that, under	9540
division (G) of that section, is a felony of the fourth degree.	9541

(JJ) "Mandatory term of local incarceration" means the term	9542
of sixty or one hundred twenty days in a jail, a community-based	9543
correctional facility, a halfway house, or an alternative	9544
residential facility that a sentencing court may impose upon a	9545
person who is convicted of or pleads guilty to a fourth degree	9546
felony OVI offense pursuant to division (G)(1) of section 2929.13	9547
of the Revised Code and division (G)(1)(d) or (e) of section	9548
4511.19 of the Revised Code.	9549

(KK) "Designated homicide, assault, or kidnapping offense,"	9550
"sexual motivation specification," "sexually violent offense,"	9551
"sexually violent predator," and "sexually violent predator	9552
specification" have the same meanings as in section 2971.01 of the	9553
Revised Code.	9554

(LL) "Habitual sex offender," "sexually oriented offense,"	9555
and "sexual predator," "registration-exempt sexually oriented	9556
offense," "child-victim oriented offense," "habitual child-victim	9557
offender," and "child-victim predator" have the same meanings as	9558
in section 2950.01 of the Revised Code.	9559

(MM) An offense is "committed in the vicinity of a child" if	9560
the offender commits the offense within thirty feet of or within	9561
the same residential unit as a child who is under eighteen years	9562
of age, regardless of whether the offender knows the age of the	9563
child or whether the offender knows the offense is being committed	9564
within thirty feet of or within the same residential unit as the	9565
child and regardless of whether the child actually views the	9566
commission of the offense.	9567

(NN) "Family or household member" has the same meaning as in	9568
section 2919.25 of the Revised Code.	9569

(OO) "Motor vehicle" and "manufactured home" have the same	9570
meanings as in section 4501.01 of the Revised Code.	9571

(PP) "Detention" and "detention facility" have the same	9572
meanings as in section 2921.01 of the Revised Code.	9573

(QQ) "Third degree felony OVI offense" means a violation of	9574
division (A) of section 4511.19 of the Revised Code that, under	9575
division (G) of that section, is a felony of the third degree.	9576

(RR) "Random drug testing" has the same meaning as in section	9577
5120.63 of the Revised Code.	9578

(SS) "Felony sex offense" has the same meaning as in section	9579
2967.28 of the Revised Code.	9580

(TT) "Body armor" has the same meaning as in section	9581
2941.1411 of the Revised Code.	9582

(UU) "Electronic monitoring" means monitoring through the use	9583
of an electronic monitoring device.	9584

(VV) "Electronic monitoring device" means any of the	9585
following:	9586

(1) Any device that can be operated by electrical or battery	9587
power and that conforms with all of the following:	9588

(a) The device has a transmitter that can be attached to a	9589
person, that will transmit a specified signal to a receiver of the	9590
type described in division (VV)(1)(b) of this section if the	9591
transmitter is removed from the person, turned off, or altered in	9592
any manner without prior court approval in relation to electronic	9593
monitoring or without prior approval of the department of	9594
rehabilitation and correction in relation to the use of an	9595
electronic monitoring device for an inmate on transitional control	9596
or otherwise is tampered with, that can transmit continuously and	9597
periodically a signal to that receiver when the person is within a	9598
specified distance from the receiver, and that can transmit an	9599
appropriate signal to that receiver if the person to whom it is	9600
attached travels a specified distance from that receiver.	9601

(b) The device has a receiver that can receive continuously	9602
the signals transmitted by a transmitter of the type described in	9603
division (VV)(1)(a) of this section, can transmit continuously	9604
those signals by telephone to a central monitoring computer of the	9605
type described in division (VV)(1)(c) of this section, and can	9606
transmit continuously an appropriate signal to that central	9607
monitoring computer if the receiver is turned off or altered	9608
without prior court approval or otherwise tampered with.	9609

(c) The device has a central monitoring computer that can	9610
receive continuously the signals transmitted by telephone by a	9611
receiver of the type described in division (VV)(1)(b) of this	9612
section and can monitor continuously the person to whom an	9613
electronic monitoring device of the type described in division	9614
(VV)(1)(a) of this section is attached.	9615

(2) Any device that is not a device of the type described in	9616
division (VV)(1) of this section and that conforms with all of the	9617
following:	9618

(a) The device includes a transmitter and receiver that can	9619
monitor and determine the location of a subject person at any	9620
time, or at a designated point in time, through the use of a	9621
central monitoring computer or through other electronic means.	9622

(b) The device includes a transmitter and receiver that can	9623
determine at any time, or at a designated point in time, through	9624
the use of a central monitoring computer or other electronic means	9625
the fact that the transmitter is turned off or altered in any	9626
manner without prior approval of the court in relation to the	9627
electronic monitoring or without prior approval of the department	9628
of rehabilitation and correction in relation to the use of an	9629
electronic monitoring device for an inmate on transitional control	9630
or otherwise is tampered with.	9631

(3) Any type of technology that can adequately track or	9632
determine the location of a subject person at any time and that is	9633
approved by the director of rehabilitation and correction,	9634
including, but not limited to, any satellite technology, voice	9635
tracking system, or retinal scanning system that is so approved.	9636

Sec. 2929.13.  (A) Except as provided in division (E), (F),	9637
or (G) of this section and unless a specific sanction is required	9638
to be imposed or is precluded from being imposed pursuant to law,	9639
a court that imposes a sentence upon an offender for a felony may	9640
impose any sanction or combination of sanctions on the offender	9641
that are provided in sections 2929.14 to 2929.18 of the Revised	9642
Code. The sentence shall not impose an unnecessary burden on state	9643
or local government resources.	9644

If the offender is eligible to be sentenced to community	9645
control sanctions, the court shall consider the appropriateness of	9646
imposing a financial sanction pursuant to section 2929.18 of the	9647
Revised Code or a sanction of community service pursuant to	9648
section 2929.17 of the Revised Code as the sole sanction for the	9649
offense. Except as otherwise provided in this division, if the	9650
court is required to impose a mandatory prison term for the	9651
offense for which sentence is being imposed, the court also may	9652
impose a financial sanction pursuant to section 2929.18 of the	9653
Revised Code but may not impose any additional sanction or	9654
combination of sanctions under section 2929.16 or 2929.17 of the	9655
Revised Code.	9656

If the offender is being sentenced for a fourth degree felony	9657
OVI offense or for a third degree felony OVI offense, in addition	9658
to the mandatory term of local incarceration or the mandatory	9659
prison term required for the offense by division (G)(1) or (2) of	9660
this section, the court shall impose upon the offender a mandatory	9661
fine in accordance with division (B)(3) of section 2929.18 of the	9662
Revised Code and may impose whichever of the following is	9663
applicable:	9664

(1) For a fourth degree felony OVI offense for which sentence	9665
is imposed under division (G)(1) of this section, an additional	9666
community control sanction or combination of community control	9667
sanctions under section 2929.16 or 2929.17 of the Revised Code;	9668

(2) For a third or fourth degree felony OVI offense for which	9669
sentence is imposed under division (G)(2) of this section, an	9670
additional prison term as described in division (D)(4) of section	9671
2929.14 of the Revised Code.	9672

(B)(1) Except as provided in division (B)(2), (E), (F), or	9673
(G) of this section, in sentencing an offender for a felony of the	9674
fourth or fifth degree, the sentencing court shall determine	9675
whether any of the following apply:	9676

(a) In committing the offense, the offender caused physical	9677
harm to a person.	9678

(b) In committing the offense, the offender attempted to	9679
cause or made an actual threat of physical harm to a person with a	9680
deadly weapon.	9681

(c) In committing the offense, the offender attempted to	9682
cause or made an actual threat of physical harm to a person, and	9683
the offender previously was convicted of an offense that caused	9684
physical harm to a person.	9685

(d) The offender held a public office or position of trust	9686
and the offense related to that office or position; the offender's	9687
position obliged the offender to prevent the offense or to bring	9688
those committing it to justice; or the offender's professional	9689
reputation or position facilitated the offense or was likely to	9690
influence the future conduct of others.	9691

(e) The offender committed the offense for hire or as part of	9692
an organized criminal activity.	9693

(f) The offense is a sex offense that is a fourth or fifth	9694
degree felony violation of section 2907.03, 2907.04, 2907.05,	9695
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	9696
Revised Code.	9697

(g) The offender at the time of the offense was serving, or	9698
the offender previously had served, a prison term.	9699

(h) The offender committed the offense while under a	9700
community control sanction, while on probation, or while released	9701
from custody on a bond or personal recognizance.	9702

(i) The offender committed the offense while in possession of	9703
a firearm.	9704

(2)(a) If the court makes a finding described in division	9705
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	9706
section and if the court, after considering the factors set forth	9707
in section 2929.12 of the Revised Code, finds that a prison term	9708
is consistent with the purposes and principles of sentencing set	9709
forth in section 2929.11 of the Revised Code and finds that the	9710
offender is not amenable to an available community control	9711
sanction, the court shall impose a prison term upon the offender.	9712

(b) Except as provided in division (E), (F), or (G) of this	9713
section, if the court does not make a finding described in	9714
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	9715
this section and if the court, after considering the factors set	9716
forth in section 2929.12 of the Revised Code, finds that a	9717
community control sanction or combination of community control	9718
sanctions is consistent with the purposes and principles of	9719
sentencing set forth in section 2929.11 of the Revised Code, the	9720
court shall impose a community control sanction or combination of	9721
community control sanctions upon the offender.	9722

(C) Except as provided in division (E), (F), or (G) of this	9723
section, in determining whether to impose a prison term as a	9724
sanction for a felony of the third degree or a felony drug offense	9725
that is a violation of a provision of Chapter 2925. of the Revised	9726
Code and that is specified as being subject to this division for	9727
purposes of sentencing, the sentencing court shall comply with the	9728
purposes and principles of sentencing under section 2929.11 of the	9729
Revised Code and with section 2929.12 of the Revised Code.	9730

(D) Except as provided in division (E) or (F) of this	9731
section, for a felony of the first or second degree and for a	9732
felony drug offense that is a violation of any provision of	9733
Chapter 2925., 3719., or 4729. of the Revised Code for which a	9734
presumption in favor of a prison term is specified as being	9735
applicable, it is presumed that a prison term is necessary in	9736
order to comply with the purposes and principles of sentencing	9737
under section 2929.11 of the Revised Code. Notwithstanding the	9738
presumption established under this division, the sentencing court	9739
may impose a community control sanction or a combination of	9740
community control sanctions instead of a prison term on an	9741
offender for a felony of the first or second degree or for a	9742
felony drug offense that is a violation of any provision of	9743
Chapter 2925., 3719., or 4729. of the Revised Code for which a	9744
presumption in favor of a prison term is specified as being	9745
applicable if it makes both of the following findings:	9746

(1) A community control sanction or a combination of	9747
community control sanctions would adequately punish the offender	9748
and protect the public from future crime, because the applicable	9749
factors under section 2929.12 of the Revised Code indicating a	9750
lesser likelihood of recidivism outweigh the applicable factors	9751
under that section indicating a greater likelihood of recidivism.	9752

(2) A community control sanction or a combination of	9753
community control sanctions would not demean the seriousness of	9754
the offense, because one or more factors under section 2929.12 of	9755
the Revised Code that indicate that the offender's conduct was	9756
less serious than conduct normally constituting the offense are	9757
applicable, and they outweigh the applicable factors under that	9758
section that indicate that the offender's conduct was more serious	9759
than conduct normally constituting the offense.	9760

(E)(1) Except as provided in division (F) of this section,	9761
for any drug offense that is a violation of any provision of	9762
Chapter 2925. of the Revised Code and that is a felony of the	9763
third, fourth, or fifth degree, the applicability of a presumption	9764
under division (D) of this section in favor of a prison term or of	9765
division (B) or (C) of this section in determining whether to	9766
impose a prison term for the offense shall be determined as	9767
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	9768
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	9769
Revised Code, whichever is applicable regarding the violation.	9770

(2) If an offender who was convicted of or pleaded guilty to	9771
a felony violates the conditions of a community control sanction	9772
imposed for the offense solely by reason of producing positive	9773
results on a drug test, the court, as punishment for the violation	9774
of the sanction, shall not order that the offender be imprisoned	9775
unless the court determines on the record either of the following:	9776

(a) The offender had been ordered as a sanction for the	9777
felony to participate in a drug treatment program, in a drug	9778
education program, or in narcotics anonymous or a similar program,	9779
and the offender continued to use illegal drugs after a reasonable	9780
period of participation in the program.	9781

(b) The imprisonment of the offender for the violation is	9782
consistent with the purposes and principles of sentencing set	9783
forth in section 2929.11 of the Revised Code.	9784

(F) Notwithstanding divisions (A) to (E) of this section, the	9785
court shall impose a prison term or terms under sections 2929.02	9786
to 2929.06, section 2929.14, or section 2971.03 of the Revised	9787
Code and except as specifically provided in section 2929.20 or	9788
2967.191 of the Revised Code or when parole is authorized for the	9789
offense under section 2967.13 of the Revised Code shall not reduce	9790
the terms pursuant to section 2929.20, section 2967.193, or any	9791
other provision of Chapter 2967. or Chapter 5120. of the Revised	9792
Code for any of the following offenses:	9793

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

9794

(2) Any rape, regardless of whether force was involved and	9795
regardless of the age of the victim, or an attempt to commit rape	9796
if, had the offender completed the rape that was attempted, the	9797
offender would have been subject to a sentence of life	9798
imprisonment or life imprisonment without parole for the rape;	9799

(3) Gross sexual imposition or sexual battery, if the victim	9800
is under thirteen years of age, if the offender previously was	9801
convicted of or pleaded guilty to rape, the former offense of	9802
felonious sexual penetration, gross sexual imposition, or sexual	9803
battery, and if the victim of the previous offense was under	9804
thirteen years of age;	9805

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	9806
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	9807
requires the imposition of a prison term;	9808

(5) A first, second, or third degree felony drug offense for	9809
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	9810
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	9811
4729.99 of the Revised Code, whichever is applicable regarding the	9812
violation, requires the imposition of a mandatory prison term;	9813

(6) Any offense that is a first or second degree felony and	9814
that is not set forth in division (F)(1), (2), (3), or (4) of this	9815
section, if the offender previously was convicted of or pleaded	9816
guilty to aggravated murder, murder, any first or second degree	9817
felony, or an offense under an existing or former law of this	9818
state, another state, or the United States that is or was	9819
substantially equivalent to one of those offenses;	9820

(7) Any offense that is a third degree felony and that is	9821
listed in division (DD)(1) of section 2929.01 of the Revised Code	9822
if the offender previously was convicted of or pleaded guilty to	9823
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	9824
section 2929.01 of the Revised Code;	9825

(8) Any offense, other than a violation of section 2923.12 of	9826
the Revised Code, that is a felony, if the offender had a firearm	9827
on or about the offender's person or under the offender's control	9828
while committing the felony, with respect to a portion of the	9829
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	9830
of the Revised Code for having the firearm;	9831

(9) Any offense of violence that is a felony, if the offender	9832
wore or carried body armor while committing the felony offense of	9833
violence, with respect to the portion of the sentence imposed	9834
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	9835
Code for wearing or carrying the body armor;	9836

(10) Corrupt activity in violation of section 2923.32 of the	9837
Revised Code when the most serious offense in the pattern of	9838
corrupt activity that is the basis of the offense is a felony of	9839
the first degree;	9840

(11) Any sexually violent offense for which the offender also	9841
is convicted of or pleads guilty to a sexually violent predator	9842
specification that was included in the indictment, count in the	9843
indictment, or information charging the sexually violent offense;	9844

(12) A violation of division (A)(1) or (2) of section 2921.36	9845
of the Revised Code, or a violation of division (C) of that	9846
section involving an item listed in division (A)(1) or (2) of that	9847
section, if the offender is an officer or employee of the	9848
department of rehabilitation and correction.	9849

(G) Notwithstanding divisions (A) to (E) of this section, if	9850
an offender is being sentenced for a fourth degree felony OVI	9851
offense or for a third degree felony OVI offense, the court shall	9852
impose upon the offender a mandatory term of local incarceration	9853
or a mandatory prison term in accordance with the following:	9854

(1) If the offender is being sentenced for a fourth degree	9855
felony OVI offense, the court may impose upon the offender a	9856
mandatory term of local incarceration of sixty days or one hundred	9857
twenty days as specified in division (G)(1)(d) of section 4511.19	9858
of the Revised Code. The court shall not reduce the term pursuant	9859
to section 2929.20, 2967.193, or any other provision of the	9860
Revised Code. The court that imposes a mandatory term of local	9861
incarceration under this division shall specify whether the term	9862
is to be served in a jail, a community-based correctional	9863
facility, a halfway house, or an alternative residential facility,	9864
and the offender shall serve the term in the type of facility	9865
specified by the court. A mandatory term of local incarceration	9866
imposed under division (G)(1) of this section is not subject to	9867
extension under section 2967.11 of the Revised Code, to a period	9868
of post-release control under section 2967.28 of the Revised Code,	9869
or to any other Revised Code provision that pertains to a prison	9870
term.	9871

(2) If the offender is being sentenced for a third degree	9872
felony OVI offense, or if the offender is being sentenced for a	9873
fourth degree felony OVI offense and the court does not impose a	9874
mandatory term of local incarceration under division (G)(1) of	9875
this section, the court shall impose upon the offender a mandatory	9876
prison term of sixty days or one hundred twenty days as specified	9877
in division (G)(1)(e) of section 4511.19 of the Revised Code. The	9878
court shall not reduce the term pursuant to section 2929.20,	9879
2967.193, or any other provision of the Revised Code. In no case	9880
shall an offender who once has been sentenced to a mandatory term	9881
of local incarceration pursuant to division (G)(1) of this section	9882
for a fourth degree felony OVI offense be sentenced to another	9883
mandatory term of local incarceration under that division for any	9884
violation of division (A) of section 4511.19 of the Revised Code.	9885
The court shall not sentence the offender to a community control	9886
sanction under section 2929.16 or 2929.17 of the Revised Code. The	9887
department of rehabilitation and correction may place an offender	9888
sentenced to a mandatory prison term under this division in an	9889
intensive program prison established pursuant to section 5120.033	9890
of the Revised Code if the department gave the sentencing judge	9891
prior notice of its intent to place the offender in an intensive	9892
program prison established under that section and if the judge did	9893
not notify the department that the judge disapproved the	9894
placement. Upon the establishment of the initial intensive program	9895
prison pursuant to section 5120.033 of the Revised Code that is	9896
privately operated and managed by a contractor pursuant to a	9897
contract entered into under section 9.06 of the Revised Code, both	9898
of the following apply:	9899

(a) The department of rehabilitation and correction shall	9900
make a reasonable effort to ensure that a sufficient number of	9901
offenders sentenced to a mandatory prison term under this division	9902
are placed in the privately operated and managed prison so that	9903
the privately operated and managed prison has full occupancy.	9904

(b) Unless the privately operated and managed prison has full	9905
occupancy, the department of rehabilitation and correction shall	9906
not place any offender sentenced to a mandatory prison term under	9907
this division in any intensive program prison established pursuant	9908
to section 5120.033 of the Revised Code other than the privately	9909
operated and managed prison.	9910

(H) If an offender is being sentenced for a sexually oriented	9911
offense committed on or after January 1, 1997, the judge shall	9912
require the offender to submit to a DNA specimen collection	9913
procedure pursuant to section 2901.07 of the Revised Code if	9914
either of the following applies:	9915

(1) The offense was a sexually violent offense, and the	9916
offender also was convicted of or pleaded guilty to a sexually	9917
violent predator specification that was included in the	9918
indictment, count in the indictment, or information charging the	9919
sexually violent offense.	9920

(2) The judge imposing sentence for the sexually oriented	9921
offense determines pursuant to division (B) of section 2950.09 of	9922
the Revised Code that the offender is a sexual predator.	9923

(I) If an offender is being sentenced for a sexually oriented	9924
offense that is not a registration-exempt sexually oriented	9925
offense or for a child-victim oriented offense committed on or	9926
after January 1, 1997, the judge shall include in the sentence a	9927
summary of the offender's duty to register pursuant to section	9928
duties imposed under sections 2950.04 of the Revised Code, the	9929
offender's duty to provide notice of a change in residence address	9930
and register the new residence address pursuant to section,	9931
2950.041, 2950.05 of the Revised Code, the offender's duty to	9932
periodically verify the offender's current residence address	9933
pursuant to section, and 2950.06 of the Revised Code, and the	9934
duration of the duties. The judge shall inform the offender, at	9935
the time of sentencing, of those duties and of their duration and,	9936
if required under division (A)(2) of section 2950.03 of the	9937
Revised Code, shall perform the duties specified in that section.	9938

(J)(1) Except as provided in division (J)(2) of this section,	9939
when considering sentencing factors under this section in relation	9940
to an offender who is convicted of or pleads guilty to an attempt	9941
to commit an offense in violation of section 2923.02 of the	9942
Revised Code, the sentencing court shall consider the factors	9943
applicable to the felony category of the violation of section	9944
2923.02 of the Revised Code instead of the factors applicable to	9945
the felony category of the offense attempted.	9946

(2) When considering sentencing factors under this section in	9947
relation to an offender who is convicted of or pleads guilty to an	9948
attempt to commit a drug abuse offense for which the penalty is	9949
determined by the amount or number of unit doses of the controlled	9950
substance involved in the drug abuse offense, the sentencing court	9951
shall consider the factors applicable to the felony category that	9952
the drug abuse offense attempted would be if that drug abuse	9953
offense had been committed and had involved an amount or number of	9954
unit doses of the controlled substance that is within the next	9955
lower range of controlled substance amounts than was involved in	9956
the attempt.	9957

(K) As used in this section, "drug abuse offense" has the	9958
same meaning as in section 2925.01 of the Revised Code.	9959

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	9960
hearing before imposing a sentence under this chapter upon an	9961
offender who was convicted of or pleaded guilty to a felony and	9962
before resentencing an offender who was convicted of or pleaded	9963
guilty to a felony and whose case was remanded pursuant to section	9964
2953.07 or 2953.08 of the Revised Code. At the hearing, the	9965
offender, the prosecuting attorney, the victim or the victim's	9966
representative in accordance with section 2930.14 of the Revised	9967
Code, and, with the approval of the court, any other person may	9968
present information relevant to the imposition of sentence in the	9969
case. The court shall inform the offender of the verdict of the	9970
jury or finding of the court and ask the offender whether the	9971
offender has anything to say as to why sentence should not be	9972
imposed upon the offender.	9973

(2) Except as otherwise provided in this division, before	9974
imposing sentence on an offender who is being sentenced for a	9975
sexually oriented offense that was committed on or after January	9976
1, 1997, that is not a registration-exempt sexually oriented	9977
offense, and that is not a sexually violent offense, and before	9978
imposing sentence on an offender who is being sentenced for a	9979
sexually violent offense committed on or after January 1, 1997,	9980
and who was not charged with a sexually violent predator	9981
specification in the indictment, count in the indictment, or	9982
information charging the sexually violent offense, and before	9983
imposing sentence on or after May 7, 2002, on an offender who is	9984
being sentenced for a sexually oriented offense that is not a	9985
registration-exempt sexually oriented offense and who was	9986
acquitted of a sexually violent predator specification included in	9987
the indictment, count in the indictment, or information charging	9988
the sexually oriented offense, the court shall conduct a hearing	9989
in accordance with division (B) of section 2950.09 of the Revised	9990
Code to determine whether the offender is a sexual predator. The	9991
court shall not conduct a hearing under that division if the	9992
offender is being sentenced for a sexually violent offense and, if	9993
a sexually violent predator specification was included in the	9994
indictment, count in the indictment, or information charging the	9995
sexually violent offense, and if the offender was convicted of or	9996
pleaded guilty to that sexually violent predator specification.	9997
Before imposing sentence on an offender who is being sentenced for	9998
a sexually oriented offense that is not a registration-exempt	9999
sexually oriented offense, the court also shall comply with	10000
division (E) of section 2950.09 of the Revised Code.	10001

Before imposing sentence on or after the effective date of	10002
this amendment on an offender who is being sentenced for a	10003
child-victim oriented offense, regardless of when the offense was	10004
committed, the court shall conduct a hearing in accordance with	10005
division (B) of section 2950.091 of the Revised Code to determine	10006
whether the offender is a child-victim predator. Before imposing	10007
sentence on an offender who is being sentenced for a child-victim	10008
oriented offense, the court also shall comply with division (E) of	10009
section 2950.091 of the Revised Code.	10010

(B)(1) At the sentencing hearing, the court, before imposing	10011
sentence, shall consider the record, any information presented at	10012
the hearing by any person pursuant to division (A) of this	10013
section, and, if one was prepared, the presentence investigation	10014
report made pursuant to section 2951.03 of the Revised Code or	10015
Criminal Rule 32.2, and any victim impact statement made pursuant	10016
to section 2947.051 of the Revised Code.	10017

(2) The court shall impose a sentence and shall make a	10018
finding that gives its reasons for selecting the sentence imposed	10019
in any of the following circumstances:	10020

(a) Unless the offense is a sexually violent offense for	10021
which the court is required to impose sentence pursuant to	10022
division (G) of section 2929.14 of the Revised Code, if it imposes	10023
a prison term for a felony of the fourth or fifth degree or for a	10024
felony drug offense that is a violation of a provision of Chapter	10025
2925. of the Revised Code and that is specified as being subject	10026
to division (B) of section 2929.13 of the Revised Code for	10027
purposes of sentencing, its reasons for imposing the prison term,	10028
based upon the overriding purposes and principles of felony	10029
sentencing set forth in section 2929.11 of the Revised Code, and	10030
any factors listed in divisions (B)(1)(a) to (i) of section	10031
2929.13 of the Revised Code that it found to apply relative to the	10032
offender.	10033

(b) If it does not impose a prison term for a felony of the	10034
first or second degree or for a felony drug offense that is a	10035
violation of a provision of Chapter 2925. of the Revised Code and	10036
for which a presumption in favor of a prison term is specified as	10037
being applicable, its reasons for not imposing the prison term and	10038
for overriding the presumption, based upon the overriding purposes	10039
and principles of felony sentencing set forth in section 2929.11	10040
of the Revised Code, and the basis of the findings it made under	10041
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	10042

(c) If it imposes consecutive sentences under section 2929.14	10043
of the Revised Code, its reasons for imposing the consecutive	10044
sentences;	10045

(d) If the sentence is for one offense and it imposes a	10046
prison term for the offense that is the maximum prison term	10047
allowed for that offense by division (A) of section 2929.14 of the	10048
Revised Code, its reasons for imposing the maximum prison term;	10049

(e) If the sentence is for two or more offenses arising out	10050
of a single incident and it imposes a prison term for those	10051
offenses that is the maximum prison term allowed for the offense	10052
of the highest degree by division (A) of section 2929.14 of the	10053
Revised Code, its reasons for imposing the maximum prison term.	10054

(3) Subject to division (B)(4) of this section, if the	10055
sentencing court determines at the sentencing hearing that a	10056
prison term is necessary or required, the court shall do all of	10057
the following:	10058

(a) Impose a stated prison term;

10059

(b) Notify the offender that, as part of the sentence, the	10060
parole board may extend the stated prison term for certain	10061
violations of prison rules for up to one-half of the stated prison	10062
term;	10063

(c) Notify the offender that the offender will be supervised	10064
under section 2967.28 of the Revised Code after the offender	10065
leaves prison if the offender is being sentenced for a felony of	10066
the first degree or second degree, for a felony sex offense, or	10067
for a felony of the third degree in the commission of which the	10068
offender caused or threatened to cause physical harm to a person;	10069

(d) Notify the offender that the offender may be supervised	10070
under section 2967.28 of the Revised Code after the offender	10071
leaves prison if the offender is being sentenced for a felony of	10072
the third, fourth, or fifth degree that is not subject to division	10073
(B)(3)(c) of this section;	10074

(e) Notify the offender that, if a period of supervision is	10075
imposed following the offender's release from prison, as described	10076
in division (B)(3)(c) or (d) of this section, and if the offender	10077
violates that supervision or a condition of post-release control	10078
imposed under division (B) of section 2967.131 of the Revised	10079
Code, the parole board may impose a prison term, as part of the	10080
sentence, of up to one-half of the stated prison term originally	10081
imposed upon the offender;	10082

(f) Require that the offender not ingest or be injected with	10083
a drug of abuse and submit to random drug testing as provided in	10084
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	10085
is applicable to the offender who is serving a prison term, and	10086
require that the results of the drug test administered under any	10087
of those sections indicate that the offender did not ingest or was	10088
not injected with a drug of abuse.	10089

(4) If the offender is being sentenced for a sexually violent	10090
offense that the offender committed on or after January 1, 1997,	10091
and the offender also is convicted of or pleads guilty to a	10092
sexually violent predator specification that was included in the	10093
indictment, count in the indictment, or information charging the	10094
sexually violent offense, if the offender is being sentenced for a	10095
sexually oriented offense that is not a registration-exempt	10096
sexually oriented offense and that the offender committed on or	10097
after January 1, 1997, and the court imposing the sentence has	10098
determined pursuant to division (B) of section 2950.09 of the	10099
Revised Code that the offender is a sexual predator, if the	10100
offender is being sentenced on or after the effective date of this	10101
amendment for a child-victim oriented offense and the court	10102
imposing the sentence has determined pursuant to division (B) of	10103
section 2950.091 of the Revised Code that the offender is a	10104
child-victim predator, or if the offender is being sentenced for	10105
an aggravated sexually oriented offense as defined in section	10106
2950.01 of the Revised Code that the offender committed on or	10107
after June 13, 2002, the court shall include in the offender's	10108
sentence a statement that the offender has been adjudicated as	10109
being a sexual predator, has been adjudicated a child victim	10110
predator, or has been convicted of or pleaded guilty to an	10111
aggravated sexually oriented offense, whichever is applicable, and	10112
shall comply with the requirements of section 2950.03 of the	10113
Revised Code. Additionally, in the circumstances described in	10114
division (G) of section 2929.14 of the Revised Code, the court	10115
shall impose sentence on the offender as described in that	10116
division.	10117

(5) If the sentencing court determines at the sentencing	10118
hearing that a community control sanction should be imposed and	10119
the court is not prohibited from imposing a community control	10120
sanction, the court shall impose a community control sanction. The	10121
court shall notify the offender that, if the conditions of the	10122
sanction are violated, if the offender commits a violation of any	10123
law, or if the offender leaves this state without the permission	10124
of the court or the offender's probation officer, the court may	10125
impose a longer time under the same sanction, may impose a more	10126
restrictive sanction, or may impose a prison term on the offender	10127
and shall indicate the specific prison term that may be imposed as	10128
a sanction for the violation, as selected by the court from the	10129
range of prison terms for the offense pursuant to section 2929.14	10130
of the Revised Code.	10131

(6) Before imposing a financial sanction under section	10132
2929.18 of the Revised Code or a fine under section 2929.32 of the	10133
Revised Code, the court shall consider the offender's present and	10134
future ability to pay the amount of the sanction or fine.	10135

(7) If the sentencing court sentences the offender to a	10136
sanction of confinement pursuant to section 2929.14 or 2929.16 of	10137
the Revised Code that is to be served in a local detention	10138
facility, as defined in section 2929.36 of the Revised Code, and	10139
if the local detention facility is covered by a policy adopted	10140
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	10141
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	10142
and section 2929.37 of the Revised Code, both of the following	10143
apply:	10144

(a) The court shall specify both of the following as part of	10145
the sentence:	10146

(i) If the offender is presented with an itemized bill	10147
pursuant to section 2929.37 of the Revised Code for payment of the	10148
costs of confinement, the offender is required to pay the bill in	10149
accordance with that section.	10150

(ii) If the offender does not dispute the bill described in	10151
division (B)(7)(a)(i) of this section and does not pay the bill by	10152
the times specified in section 2929.37 of the Revised Code, the	10153
clerk of the court may issue a certificate of judgment against the	10154
offender as described in that section.	10155

(b) The sentence automatically includes any certificate of	10156
judgment issued as described in division (B)(7)(a)(ii) of this	10157
section.	10158

(C)(1) If the offender is being sentenced for a fourth degree	10159
felony OVI offense under division (G)(1) of section 2929.13 of the	10160
Revised Code, the court shall impose the mandatory term of local	10161
incarceration in accordance with that division, shall impose a	10162
mandatory fine in accordance with division (B)(3) of section	10163
2929.18 of the Revised Code, and, in addition, may impose	10164
additional sanctions as specified in sections 2929.15, 2929.16,	10165
2929.17, and 2929.18 of the Revised Code. The court shall not	10166
impose a prison term on the offender.	10167

(2) If the offender is being sentenced for a third or fourth	10168
degree felony OVI offense under division (G)(2) of section 2929.13	10169
of the Revised Code, the court shall impose the mandatory prison	10170
term in accordance with that division, shall impose a mandatory	10171
fine in accordance with division (B)(3) of section 2929.18 of the	10172
Revised Code, and, in addition, may impose an additional prison	10173
term as specified in section 2929.14 of the Revised Code. The	10174
court shall not impose any community control sanction on the	10175
offender.	10176

(D) The sentencing court, pursuant to division (K) of section	10177
2929.14 of the Revised Code, may recommend placement of the	10178
offender in a program of shock incarceration under section	10179
5120.031 of the Revised Code or an intensive program prison under	10180
section 5120.032 of the Revised Code, disapprove placement of the	10181
offender in a program or prison of that nature, or make no	10182
recommendation. If the court recommends or disapproves placement,	10183
it shall make a finding that gives its reasons for its	10184
recommendation or disapproval.	10185

Sec. 2929.23.  (A) If an offender is being sentenced for a	10186
sexually oriented offense that is a misdemeanor committed on or	10187
after January 1, 1997, and if the judge imposing sentence for the	10188
sexually oriented offense determines pursuant to division (B) of	10189
section 2950.09 of the Revised Code that the offender is a sexual	10190
predator, the judge shall include in the offender's sentence a	10191
statement that the offender has been adjudicated a sexual	10192
predator, shall comply with the requirements of section 2950.03 of	10193
the Revised Code, and shall require the offender to submit to a	10194
DNA specimen collection procedure pursuant to section 2901.07 of	10195
the Revised Code.	10196

(B) Before imposing sentence on an offender who is being	10197
sentenced for a sexually oriented offense that is a misdemeanor,	10198
that was committed on or after January 1, 1997, and that is not a	10199
registration-exempt sexually oriented offense, the judge shall	10200
conduct a hearing in accordance with division (B) of section	10201
2950.09 of the Revised Code to determine whether the offender is a	10202
sexual predator. Before imposing sentence on an offender who is	10203
being sentenced for a sexually oriented offense that is not a	10204
registration-exempt sexually oriented offense, the court also	10205
shall comply with division (E) of section 2950.09 of the Revised	10206
Code.	10207

Before imposing sentence on or after the effective date of	10208
this amendment on an offender who is being sentenced for a	10209
child-victim oriented offense that is a misdemeanor, regardless of	10210
when the offense was committed, the judge shall conduct a hearing	10211
in accordance with division (B) of section 2950.091 of the Revised	10212
Code to determine whether the offender is a child-victim predator.	10213
Before imposing sentence on an offender who is being sentenced for	10214
a child-victim oriented offense, the court also shall comply with	10215
division (E) of section 2950.091 of the Revised Code.	10216

(C) If an offender is being sentenced for a sexually oriented	10217
offense that is not a registration-exempt sexually oriented	10218
offense or for a child-victim oriented offense that is a	10219
misdemeanor committed on or after January 1, 1997, the judge shall	10220
include in the sentence a summary of the offender's duty to	10221
register pursuant to sectionduties imposed under sections 2950.04	10222
of the Revised Code, the offender's duty to provide notice of an	10223
intent to reside in a county if applicable pursuant to division	10224
(G) of section 2950.04 of the Revised Code, the offender's duty to	10225
provide notice of a change in residence address and register the	10226
new residence address pursuant to section, 2950.041, 2950.05 of	10227
the Revised Code, the offender's duty to periodically verify the	10228
offender's current residence address pursuant to section, and	10229
2950.06 of the Revised Code, and the duration of the duties. The	10230
judge shall inform the offender, at the time of sentencing, of	10231
those duties and of their duration and, if required under division	10232
(A)(2) of section 2950.03 of the Revised Code, shall perform the	10233
duties specified in that section.	10234

Sec. 2950.01. As used in this chapter, unless the context	10235
clearly requires otherwise:	10236

(A) "Confinement" includes, but is not limited to, a	10237
community residential sanction imposed pursuant to section 2929.16	10238
or 2929.26 of the Revised Code.	10239

(B) "Habitual sex offender" means, except when a juvenile	10240
judge removes this classification pursuant to division (A)(2) of	10241
section 2152.84 or division (C)(2) of section 2152.85 of the	10242
Revised Code, a person to whom both of the following apply:	10243

(1) The person is convicted of or pleads guilty to a sexually	10244
oriented offense that is not a registration-exempt sexually	10245
oriented offense, or the person is adjudicated a delinquent child	10246
for committing on or after January 1, 2002, a sexually oriented	10247
offense that is not a registration-exempt sexually oriented	10248
offense, was fourteen years of age or older at the time of	10249
committing the offense, and is classified a juvenile sex offender	10250
registrant based on that adjudication.	10251

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

10252

(a) Regarding a person who is an offender, the person	10253
previously was convicted of or pleaded guilty to one or more	10254
sexually oriented offenses or child-victim oriented offenses or	10255
previously was adjudicated a delinquent child for committing one	10256
or more sexually oriented offenses or child-victim oriented	10257
offenses and was classified a juvenile sex offender registrant or	10258
out-of-state juvenile sex offender registrant based on one or more	10259
of those adjudications, regardless of when the offense was	10260
committed and regardless of the person's age at the time of	10261
committing the offense.	10262

(b) Regarding a delinquent child, the person previously was	10263
convicted of, pleaded guilty to, or was adjudicated a delinquent	10264
child for committing one or more sexually oriented offenses or	10265
child-victim oriented offenses, regardless of when the offense was	10266
committed and regardless of the person's age at the time of	10267
committing the offense.	10268

(C) "Prosecutor" has the same meaning as in section 2935.01	10269
of the Revised Code.	10270

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

10271

(1) Any of the following violations or offenses committed by	10272
a person eighteen years of age or older:	10273

(a) Regardless of the age of the victim of the offense, a	10274
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of	10275
the Revised Code;	10276

(b) Any of the following offenses involving a minor, in the	10277
circumstances specified:	10278

(i) A violation of division (A)(4) of section 2905.01,	10279
2905.02, 2905.03, 2905.05, or section 2907.04 or former section	10280
2905.04, 2907.06, or 2907.08 of the Revised Code, when the victim	10281
of the offense is under eighteen years of age;	10282

(ii) A violation of section 2907.21 of the Revised Code when	10283
the person who is compelled, induced, procured, encouraged,	10284
solicited, requested, or facilitated to engage in, paid or agreed	10285
to be paid for, or allowed to engage in the sexual activity in	10286
question is under eighteen years of age;	10287

(iii) A violation of division (A)(1) or (3) of section	10288
2907.321 or 2907.322 of the Revised Code;	10289

(iv) A violation of division (A)(1) or (2) of section	10290
2907.323 of the Revised Code;	10291

(v) A violation of division (B)(5) of section 2919.22 of the	10292
Revised Code when the child who is involved in the offense is	10293
under eighteen years of age;	10294

(vi) A violation of division (D) or (E) of section 2907.07 of	10295
the Revised Code(A)(1), (2), (3), or (5) of section 2905.01, of	10296
section 2903.211, 2905.02, 2905.03, or 2905.05, or of former	10297
section 2905.04 of the Revised Code, when the victim of the	10298
offense is under eighteen years of age and the offense is	10299
committed with a sexual motivation.	10300

(c) Regardless of the age of the victim of the offense, a	10301
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	10302
Revised Code, or of division (A) of section 2903.04 of the Revised	10303
Code, that is committed with a purpose to gratify the sexual needs	10304
or desires of the offendermotivation;	10305

(d) A sexually violent offense;

10306

(e) A violation of section 2907.06 or 2907.08 of the Revised	10307
Code when the victim of the offense is eighteen years of age or	10308
older, or a violation of section 2903.211 of the Revised Code when	10309
the victim of the offense is eighteen years of age or older and	10310
the offense is committed with a sexual motivation;	10311

(f) A violation of any former law of this state, any existing	10312
or former municipal ordinance or law of another state or the	10313
United States, or any existing or former law applicable in a	10314
military court or in an Indian tribal court, or any existing or	10315
former law of any nation other than the United States, that is or	10316
was substantially equivalent to any offense listed in division	10317
(D)(1)(a), (b), (c), or (d), or (e) of this section;	10318

(f)(g) An attempt to commit, conspiracy to commit, or	10319
complicity in committing any offense listed in division (D)(1)(a),	10320
(b), (c), (d), or (e), or (f) of this section.	10321

(2) An act committed by a person under eighteen years of age	10322
that is any of the following:	10323

(a) Subject to division (D)(2)(h)(i) of this section,	10324
regardless of the age of the victim of the violation, a violation	10325
of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised	10326
Code;	10327

(b) Subject to division (D)(2)(h)(i) of this section, any of	10328
the following acts involving a minor in the circumstances	10329
specified:	10330

(i) A violation of division (A)(4) of section 2905.01 or	10331
2905.02section 2907.06 or 2907.08 of the Revised Code, or of	10332
former section 2905.04 of the Revised Code, when the victim of the	10333
violation is under eighteen years of age;	10334

(ii) A violation of section 2907.21 of the Revised Code when	10335
the person who is compelled, induced, procured, encouraged,	10336
solicited, requested, or facilitated to engage in, paid or agreed	10337
to be paid for, or allowed to engage in the sexual activity in	10338
question is under eighteen years of age;	10339

(iii) A violation of division (B)(5) of section 2919.22 of	10340
the Revised Code when the child who is involved in the violation	10341
is under eighteen years of age;	10342

(iv) A violation of division (A)(1), (2), (3), or (5) of	10343
section 2905.01, section 2903.211, or former section 2905.04 of	10344
the Revised Code, when the victim of the violation is under	10345
eighteen years of age and the offense is committed with a sexual	10346
motivation.	10347

(c) Subject to division (D)(2)(h)(i) of this section, any	10348
sexually violent offense that, if committed by an adult, would be	10349
a felony of the first, second, third, or fourth degree;	10350

(d) Subject to division (D)(2)(h)(i) of this section, a	10351
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	10352
2905.02 of the Revised Code, a violation of division (A) of	10353
section 2903.04 of the Revised Code, or an attempt to violate any	10354
of those sections or that division that is committed with a	10355
purpose to gratify the sexual needs or desires of the child	10356
committing the violationmotivation;	10357

(e) Subject to division (D)(2)(h)(i) of this section, a	10358
violation of division (A)(1) or (3) of section 2907.321, division	10359
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	10360
section 2907.323 of the Revised Code, or an attempt to violate any	10361
of those divisions, if the person who violates or attempts to	10362
violate the division is four or more years older than the minor	10363
who is the victim of the violation;	10364

(f) Subject to division (D)(2)(i) of this section, a	10365
violation of section 2907.06 or 2907.08 of the Revised Code when	10366
the victim of the violation is eighteen years of age or older, or	10367
a violation of section 2903.211 of the Revised Code when the	10368
victim of the violation is eighteen years of age or older and the	10369
offense is committed with a sexual motivation;	10370

(g) Subject to division (D)(2)(h)(i) of this section, any	10371
violation of any former law of this state, any existing or former	10372
municipal ordinance or law of another state or the United States,	10373
or any existing or former law applicable in a military court or in	10374
an Indian tribal court, or any existing or former law of any	10375
nation other than the United States, that is or was substantially	10376
equivalent to any offense listed in division (D)(2)(a), (b), (c),	10377
(d), or (e), or (f) of this section and that, if committed by an	10378
adult, would be a felony of the first, second, third, or fourth	10379
degree;	10380

(g)(h) Subject to division (D)(2)(h)(i) of this section, any	10381
attempt to commit, conspiracy to commit, or complicity in	10382
committing any offense listed in division (D)(2)(a), (b), (c),	10383
(d), (e), or (f), or (g) of this section;	10384

(h)(i) If the child's case has been transferred for criminal	10385
prosecution under section 2152.12 of the Revised Code, the act is	10386
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	10387
(f), or (g) of this section or would be any offense listed in any	10388
of those divisions if committed by an adult.	10389

(E) "Sexual predator" means a person to whom either of the	10390
following applies:	10391

(1) The person has been convicted of or pleaded guilty to	10392
committing a sexually oriented offense that is not a	10393
registration-exempt sexually oriented offense and is likely to	10394
engage in the future in one or more sexually oriented offenses.	10395

(2) The person has been adjudicated a delinquent child for	10396
committing a sexually oriented offense that is not a	10397
registration-exempt sexually oriented offense, was fourteen years	10398
of age or older at the time of committing the offense, was	10399
classified a juvenile sex offender registrant based on that	10400
adjudication, and is likely to engage in the future in one or more	10401
sexually oriented offenses.	10402

(F) "Supervised release" means a release of an offender from	10403
a prison term, a term of imprisonment, or another type of	10404
confinement that satisfies either of the following conditions:	10405

(1) The release is on parole, a conditional pardon, under a	10406
community control sanction, under transitional control, or under a	10407
post-release control sanction, and it requires the person to	10408
report to or be supervised by a parole officer, probation officer,	10409
field officer, or another type of supervising officer.	10410

(2) The release is any type of release that is not described	10411
in division (F)(1) of this section and that requires the person to	10412
report to or be supervised by a probation officer, a parole	10413
officer, a field officer, or another type of supervising officer.	10414

(G) An offender or delinquent child is "adjudicated as being	10415
a sexual predator" or "adjudicated a sexual predator" if any of	10416
the following applies and if, regarding a delinquent child, that	10417
status has not been removed pursuant to section 2152.84, 2152.85,	10418
or 2950.09 of the Revised Code:	10419

(1) The offender is convicted of or pleads guilty to	10420
committing, on or after January 1, 1997, a sexually oriented	10421
offense that is a sexually violent offense and that is not a	10422
registration-exempt sexually oriented offense and also is	10423
convicted of or pleads guilty to a sexually violent predator	10424
specification that was included in the indictment, count in the	10425
indictment, or information that charged the sexually violent	10426
offense.	10427

(2) Regardless of when the sexually oriented offense was	10428
committed, on or after January 1, 1997, the offender is sentenced	10429
for a sexually oriented offense that is not a registration-exempt	10430
sexually oriented offense, and the sentencing judge determines	10431
pursuant to division (B) of section 2950.09 of the Revised Code	10432
that the offender is a sexual predator.	10433

(3) The delinquent child is adjudicated a delinquent child	10434
for committing a sexually oriented offense that is not a	10435
registration-exempt sexually oriented offense, was fourteen years	10436
of age or older at the time of committing the offense, and has	10437
been classified a juvenile sex offender registrant based on that	10438
adjudication, and the adjudicating judge or that judge's successor	10439
in office determines pursuant to division (B) of section 2950.09	10440
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	10441
the Revised Code that the delinquent child is a sexual predator.	10442

(4) Prior to January 1, 1997, the offender was convicted of	10443
or pleaded guilty to, and was sentenced for, a sexually oriented	10444
offense that is not a registration-exempt sexually oriented	10445
offense, the offender is imprisoned in a state correctional	10446
institution on or after January 1, 1997, and the court determines	10447
pursuant to division (C) of section 2950.09 of the Revised Code	10448
that the offender is a sexual predator.	10449

(5) Regardless of when the sexually oriented offense was	10450
committed, the offender or delinquent child is convicted of or	10451
pleads guilty to, has been convicted of or pleaded guilty to, or	10452
is adjudicated a delinquent child for committing a sexually	10453
oriented offense that is not a registration-exempt sexually	10454
oriented offense in another state or, in a federal court, military	10455
court, or an Indian tribal court, or in a court in any nation	10456
other than the United States, as a result of that conviction, plea	10457
of guilty, or adjudication, the offender or delinquent child is	10458
required, under the law of the jurisdiction in which the offender	10459
was convicted or pleaded guilty or the delinquent child was	10460
adjudicated, to register as a sex offender until the offender's or	10461
delinquent child's death and to verify the offender's or	10462
delinquent child's address on at least a quarterly basis each	10463
year, and, on or after July 1, 1997, for offenders or January 1,	10464
2002, for delinquent children, the offender or delinquent child	10465
moves to and resides in this state or temporarily is domiciled in	10466
this state for more than sevenfive days or the offender is	10467
required under section 2950.04 of the Revised Code to register a	10468
school, institution of higher education, or place of employment	10469
address in this state, unless a court of common pleas or juvenile	10470
court determines that the offender or delinquent child is not a	10471
sexual predator pursuant to division (F) of section 2950.09 of the	10472
Revised Code.	10473

(H) "Sexually violent predator specification," and "sexually	10474
violent offense," "sexual motivation," and "violent sex offense"	10475
have the same meanings as in section 2971.01 of the Revised Code.	10476

(I) "Post-release control sanction" and "transitional	10477
control" have the same meanings as in section 2967.01 of the	10478
Revised Code.	10479

(J) "Juvenile sex offender registrant" means a person who is	10480
adjudicated a delinquent child for committing on or after January	10481
1, 2002, a sexually oriented offense that is not a	10482
registration-exempt sexually oriented offense or a child-victim	10483
oriented offense, who is fourteen years of age or older at the	10484
time of committing the offense, and who a juvenile court judge,	10485
pursuant to an order issued under section 2152.82, 2152.83,	10486
2152.84, or 2152.85 of the Revised Code, classifies a juvenile sex	10487
offender registrant and specifies has a duty to register under	10488
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	10489
Revised Code if the child committed a sexually oriented offense or	10490
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	10491
if the child committed a child-victim oriented offense. "Juvenile	10492
offender registrant" includes a person who, prior to the effective	10493
date of this amendment, was a "juvenile sex offender registrant"	10494
under the former definition of that former term.	10495

(K) "Secure facility" means any facility that is designed and	10496
operated to ensure that all of its entrances and exits are locked	10497
and under the exclusive control of its staff and to ensure that,	10498
because of that exclusive control, no person who is	10499
institutionalized or confined in the facility may leave the	10500
facility without permission or supervision.	10501

(L) "Out-of-state juvenile sex offender registrant" means a	10502
person who is adjudicated a delinquent child for committing a	10503
sexually oriented offense in a court in another state or, in a	10504
federal court, military court, or Indian tribal court, or in a	10505
court in any nation other than the United States for committing a	10506
sexually oriented offense that is not a registration-exempt	10507
sexually oriented offense or a child-victim oriented offense, who	10508
on or after January 1, 2002, moves to and resides in this state or	10509
temporarily is domiciled in this state for more than sevenfive	10510
days, and who has a duty under section 2950.04 of the Revised Code	10511
has a duty to register in this state as described in that section	10512
and the duty to otherwise comply with that section and sections	10513
2950.05 and 2950.06 of the Revised Code if the child committed a	10514
sexually oriented offense or has a duty under section 2950.041 of	10515
the Revised Code to register in this state and the duty to	10516
otherwise comply with that section and sections 2950.05 and	10517
2950.06 of the Revised Code if the child committed a child-victim	10518
oriented offense. "Out-of-state juvenile offender registrant"	10519
includes a person who, prior to the effective date of this	10520
amendment, was an "out-of-state juvenile sex offender registrant"	10521
under the former definition of that former term.	10522

(M) "Juvenile court judge" includes a magistrate to whom the	10523
juvenile court judge confers duties pursuant to division (A)(15)	10524
of section 2151.23 of the Revised Code.	10525

(N) "Adjudicated a delinquent child for committing a sexually	10526
oriented offense" includes a child who receives a serious youthful	10527
offender dispositional sentence under section 2152.13 of the	10528
Revised Code for committing a sexually oriented offense.	10529

(O) "Aggravated sexually oriented offense" means a violation	10530
of division (A)(1)(b) of section 2907.02 of the Revised Code	10531
committed on or after June 13, 2002, or a violation of division	10532
(A)(2) of that section committed on or after the effective date of	10533
this amendment.	10534

(P)(1) "Presumptive registration-exempt sexually oriented	10535
offense" means any of the following sexually oriented offenses	10536
described in division (P)(1)(a), (b), (c), (d), or (e) of this	10537
section, when the offense is committed by a person who previously	10538
has not been convicted of, pleaded guilty to, or adjudicated a	10539
delinquent child for committing any sexually oriented offense	10540
described in division (P)(1)(a), (b), (c), (d), or (e) of this	10541
section, any other sexually oriented offense, or any child-victim	10542
oriented offense and when the victim or intended victim of the	10543
offense is eighteen years of age or older:	10544

(a) Any sexually oriented offense listed in division	10545
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	10546
is eighteen years of age or older or, subject to division	10547
(P)(1)(e) of this section, committed by a person who is under	10548
eighteen years of age;	10549

(b) Any violation of any former law of this state, any	10550
existing or former municipal ordinance or law of another state or	10551
the United States, any existing or former law applicable in a	10552
military court or in an Indian tribal court, or any existing or	10553
former law of any nation other than the United States that is	10554
committed by a person who is eighteen years of age or older and	10555
that is or was substantially equivalent to any sexually oriented	10556
offense listed in division (P)(1)(a) of this section;	10557

(c) Subject to division (P)(1)(e) of this section, any	10558
violation of any former law of this state, any existing or former	10559
municipal ordinance or law of another state or the United States,	10560
any existing or former law applicable in a military court or in an	10561
Indian tribal court, or any existing or former law of any nation	10562
other than the United States that is committed by a person who is	10563
under eighteen years of age, that is or was substantially	10564
equivalent to any sexually oriented offense listed in division	10565
(P)(1)(a) of this section, and that would be a felony of the	10566
fourth degree if committed by an adult;	10567

(d) Any attempt to commit, conspiracy to commit, or	10568
complicity in committing any offense listed in division (P)(1)(a)	10569
or (b) of this section if the person is eighteen years of age or	10570
older or, subject to division (P)(1)(e) of this section, listed in	10571
division (P)(1)(a) or (c) of this section if the person is under	10572
eighteen years of age.	10573

(e) Regarding an act committed by a person under eighteen	10574
years of age, if the child's case has been transferred for	10575
criminal prosecution under section 2152.12 of the Revised Code,	10576
the act is any sexually oriented offense listed in division	10577
(P)(1)(a), (b), or (d) of this section.	10578

(2) "Presumptive registration-exempt sexually oriented	10579
offense" does not include any sexually oriented offense described	10580
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	10581
is committed by a person who previously has been convicted of,	10582
pleaded guilty to, or adjudicated a delinquent child for	10583
committing any sexually oriented offense described in division	10584
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	10585
sexually oriented offense.	10586

(Q)(1) "Registration-exempt sexually oriented offense" means	10587
any presumptive registration-exempt sexually oriented offense, if	10588
a court does not issue an order under section 2950.021 of the	10589
Revised Code that removes the presumptive exemption and subjects	10590
the offender who was convicted of or pleaded guilty to the offense	10591
to registration under section 2950.04 of the Revised Code and all	10592
other duties and responsibilities generally imposed under this	10593
chapter upon persons who are convicted of or plead guilty to any	10594
sexually oriented offense other than a presumptive	10595
registration-exempt sexually oriented offense or that removes the	10596
presumptive exemption and potentially subjects the child who was	10597
adjudicated a delinquent child for committing the offense to	10598
classification as a juvenile offender registrant under sections	10599
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	10600
registration under section 2950.04 of the Revised Code and all	10601
other duties and responsibilities generally imposed under this	10602
chapter upon persons who are adjudicated delinquent children for	10603
committing a sexually oriented offense other than a presumptive	10604
registration-exempt sexually oriented offense.	10605

(2) "Registration-exempt sexually oriented offense" does not	10606
include a presumptive registration-exempt sexually oriented	10607
offense if a court issues an order under section 2950.021 of the	10608
Revised Code that removes the presumptive exemption and subjects	10609
the offender or potentially subjects the delinquent child to the	10610
duties and responsibilities described in division (Q)(1) of this	10611
section.	10612

(R) "School" and "school premises" have the same meanings as	10613
in section 2925.01 of the Revised Code.	10614

(S)(1) "Child-victim oriented offense" means any of the	10615
following:	10616

(a) Subject to division (S)(2) of this section, any of the	10617
following violations or offenses committed by a person eighteen	10618
years of age or older, when the victim of the violation is under	10619
eighteen years of age and is not a child of the person who commits	10620
the violation:	10621

(i) A violation of division (A)(1), (2), (3), or (5) of	10622
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	10623
former section 2905.04 of the Revised Code;	10624

(ii) A violation of any former law of this state, any	10625
existing or former municipal ordinance or law of another state or	10626
the United States, any existing or former law applicable in a	10627
military court or in an Indian tribal court, or any existing or	10628
former law of any nation other than the United States, that is or	10629
was substantially equivalent to any offense listed in division	10630
(S)(1)(a)(i) of this section;	10631

(iii) An attempt to commit, conspiracy to commit, or	10632
complicity in committing any offense listed in division	10633
(S)(1)(a)(i) or (ii) of this section.	10634

(b) Subject to division (S)(2) of this section, an act	10635
committed by a person under eighteen years of age that is any of	10636
the following, when the victim of the violation is under eighteen	10637
years of age and is not a child of the person who commits the	10638
violation:	10639

(i) Subject to division (S)(1)(b)(iv) of this section, a	10640
violation of division (A)(1), (2), (3), or (5) of section 2905.01	10641
or of former section 2905.04 of the Revised Code;	10642

(ii) Subject to division (S)(1)(b)(iv) of this section, any	10643
violation of any former law of this state, any existing or former	10644
municipal ordinance or law of another state or the United States,	10645
any existing or former law applicable in a military court or in an	10646
Indian tribal court, or any existing or former law of any nation	10647
other than the United States, that is or was substantially	10648
equivalent to any offense listed in division (S)(1)(b)(i) of this	10649
section and that, if committed by an adult, would be a felony of	10650
the first, second, third, or fourth degree;	10651

(iii) Subject to division (S)(1)(b)(iv) of this section, any	10652
attempt to commit, conspiracy to commit, or complicity in	10653
committing any offense listed in division (S)(1)(b)(i) or (ii) of	10654
this section;	10655

(iv) If the child's case has been transferred for criminal	10656
prosecution under section 2152.12 of the Revised Code, the act is	10657
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	10658
this section or would be any offense listed in any of those	10659
divisions if committed by an adult.	10660

(2) "Child-victim oriented offense" does not include any	10661
offense identified in division (S)(1)(a) or (b) of this section	10662
that is a sexually violent offense. An offense identified in	10663
division (S)(1)(a) or (b) of this section that is a sexually	10664
violent offense is within the definition of a sexually oriented	10665
offense.	10666

(T)(1) "Habitual child-victim offender" means, except when a	10667
juvenile judge removes this classification pursuant to division	10668
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	10669
the Revised Code, a person to whom both of the following apply:	10670

(a) The person is convicted of or pleads guilty to a	10671
child-victim oriented offense, or the person is adjudicated a	10672
delinquent child for committing on or after January 1, 2002, a	10673
child-victim oriented offense, was fourteen years of age or older	10674
at the time of committing the offense, and is classified a	10675
juvenile offender registrant based on that adjudication.	10676

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

10677

(i) Regarding a person who is an offender, the person	10678
previously was convicted of or pleaded guilty to one or more	10679
child-victim oriented offenses or previously was adjudicated a	10680
delinquent child for committing one or more child-victim oriented	10681
offenses and was classified a juvenile offender registrant or	10682
out-of-state juvenile offender registrant based on one or more of	10683
those adjudications, regardless of when the offense was committed	10684
and regardless of the person's age at the time of committing the	10685
offense.	10686

(ii) Regarding a delinquent child, the person previously was	10687
convicted of, pleaded guilty to, or was adjudicated a delinquent	10688
child for committing one or more child-victim oriented offenses,	10689
regardless of when the offense was committed and regardless of the	10690
person's age at the time of committing the offense.	10691

(2) "Habitual child-victim offender" includes a person who	10692
has been convicted of, pleaded guilty to, or adjudicated a	10693
delinquent child for committing, a child-victim oriented offense	10694
and who, on and after the effective date of this amendment, is	10695
automatically classified a habitual child-victim offender pursuant	10696
to division (E) of section 2950.091 of the Revised Code.	10697

(U) "Child-victim predator" means a person to whom either of	10698
the following applies:	10699

(1) The person has been convicted of or pleaded guilty to	10700
committing a child-victim oriented offense and is likely to engage	10701
in the future in one or more child-victim oriented offenses.	10702

(2) The person has been adjudicated a delinquent child for	10703
committing a child-victim oriented offense, was fourteen years of	10704
age or older at the time of committing the offense, was classified	10705
a juvenile offender registrant based on that adjudication, and is	10706
likely to engage in the future in one or more child-victim	10707
oriented offenses.	10708

(V) An offender or delinquent child is "adjudicated as being	10709
a child-victim predator" or "adjudicated a child-victim predator"	10710
if any of the following applies and if, regarding a delinquent	10711
child, that status has not been removed pursuant to section	10712
2152.84, 2152.85, or 2950.09 of the Revised Code:	10713

(1) The offender or delinquent child has been convicted of,	10714
pleaded guilty to, or adjudicated a delinquent child for	10715
committing, a child-victim oriented offense and, on and after the	10716
effective date of this amendment, is automatically classified a	10717
child-victim predator pursuant to division (A) of section 2950.091	10718
of the Revised Code.	10719

(2) Regardless of when the child-victim oriented offense was	10720
committed, on or after the effective date of this amendment, the	10721
offender is sentenced for a child-victim oriented offense, and the	10722
sentencing judge determines pursuant to division (B) of section	10723
2950.091 of the Revived Code that the offender is a child-victim	10724
predator.	10725

(3) The delinquent child is adjudicated a delinquent child	10726
for committing a child-victim oriented offense, was fourteen years	10727
of age or older at the time of committing the offense, and has	10728
been classified a juvenile offender registrant based on that	10729
adjudication, and the adjudicating judge or that judge's successor	10730
in office determines pursuant to division (B) of section 2950.09	10731
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	10732
the Revised Code that the delinquent child is a child-victim	10733
predator.	10734

(4) Prior to the effective date of this section, the offender	10735
was convicted of or pleaded guilty to a child-victim oriented	10736
offense, at the time of the conviction or guilty plea, the offense	10737
was considered a sexually oriented offense, on or after the	10738
effective date of this amendment, the offender is serving a term	10739
of imprisonment in a state correctional institution, and the court	10740
determines pursuant to division (C) of section 2950.091 of the	10741
Revised Code that the offender is a child-victim predator.	10742

(5) Regardless of when the child-victim oriented offense was	10743
committed, the offender or delinquent child is convicted, pleads	10744
guilty, has been convicted, pleaded guilty, or adjudicated a	10745
delinquent child in a court in another state, in a federal court,	10746
military court, or Indian tribal court, or in a court in any	10747
nation other than the United States for committing a child-victim	10748
oriented offense, as a result of that conviction, plea of guilty,	10749
or adjudication, the offender or delinquent child is required	10750
under the law of the jurisdiction in which the offender was	10751
convicted or pleaded guilty or the delinquent child was	10752
adjudicated, to register as a child-victim offender or sex	10753
offender until the offender's or delinquent child's death, and, on	10754
or after July 1, 1997, for offenders or January 1, 2002, for	10755
delinquent children the offender or delinquent child moves to and	10756
resides in this state or temporarily is domiciled in this state	10757
for more than five days or the offender is required under section	10758
2950.041 of the Revised Code to register a school, institution of	10759
higher education, or place of employment address in this state,	10760
unless a court of common pleas or juvenile court determines that	10761
the offender or delinquent child is not a child-victim predator	10762
pursuant to division (F) of section 2950.091 of the Revised Code.	10763

(W) "Residential premises" means the building in which a	10764
residential unit is located and the grounds upon which that	10765
building stands, extending to the perimeter of the property.	10766
"Residential premises" includes any type of structure in which a	10767
residential unit is located, including, but not limited to,	10768
multi-unit buildings and mobile and manufactured homes.	10769

(X) "Residential unit" means a dwelling unit for residential	10770
use and occupancy, and includes the structure or part of a	10771
structure that is used as a home, residence, or sleeping place by	10772
one person who maintains a household or two or more persons who	10773
maintain a common household.	10774

(Y) "Multi-unit building" means a building in which is	10775
located more than twelve residential units that have entry doors	10776
that open directly into the unit from a hallway that is shared	10777
with one or more other units. A residential unit is not considered	10778
located in a multi-unit building if the unit does not have an	10779
entry door that opens directly into the unit from a hallway that	10780
is shared with one or more other units or if the unit is in a	10781
building that is not a multi-unit building as described in this	10782
division.	10783

(Z) "Community control sanction" has the same meaning as in	10784
section 2929.01 of the Revised Code.	10785

Sec. 2950.99.  (A) Whoever(1)(a) Except as otherwise	10786
provided in division (A)(1)(b) of this section, whoever violates a	10787
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	10788
the Revised Code is guilty of a felony of the fifth degree if	10789
shall be punished as follows:	10790

(i) If the most serious sexually oriented offense or	10791
child-victim oriented offense that was the basis of the	10792
registration, notice of intent to reside, change of address	10793
notification, or address verification requirement that was	10794
violated under the prohibition is aggravated murder, murder, or a	10795
felony of the first, second, or third degree if committed by an	10796
adult, the offender is guilty of a felony of the third degree.	10797

(ii) If the most serious sexually oriented offense or	10798
child-victim oriented offense that was the basis of the	10799
registration, notice of intent to reside, change of address	10800
notification, or address verification requirement that was	10801
violated under the prohibition is a felony of the fourth or fifth	10802
degree if committed by an adult, and a misdemeanor of the first	10803
degreeor if the most serious sexually oriented offense or	10804
child-victim oriented offense that was the basis of the	10805
registration, notice of intent to reside, change of address	10806
notification, or address verification requirement that was	10807
violated under the prohibition is a misdemeanor if committed by an	10808
adult. In, the offender is guilty of a felony of the same degree	10809
or a misdemeanor of the same degree as the most serious sexually	10810
oriented offense or child-victim oriented offense that was the	10811
basis of the registration, notice of intent to reside, change of	10812
address, or address verification requirement that was violated	10813
under the prohibition.	10814

(b) If the offender previously has been convicted of or	10815
pleaded guilty to, or previously has been adjudicated a delinquent	10816
child for committing, a violation of a prohibition in section	10817
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	10818
whoever violates a prohibition in section 2950.04, 2950.041,	10819
2950.05, or 2950.06 of the Revised Code shall be punished as	10820
follows:	10821

(i) If the most serious sexually oriented offense or	10822
child-victim oriented offense that was the basis of the	10823
registration, notice of intent to reside, change of address	10824
notification, or address verification requirement that was	10825
violated under the prohibition is aggravated murder, murder, or a	10826
felony of the first, second, third, or fourth degree if committed	10827
by an adult, the offender is guilty of a felony of the third	10828
degree.	10829

(ii) If the most serious sexually oriented offense or	10830
child-victim oriented offense that was the basis of the	10831
registration, notice of intent to reside, change of address	10832
notification, or address verification requirement that was	10833
violated under the prohibition is a felony of the fifth degree if	10834
committed by an adult, the offender is guilty of a felony of the	10835
fourth degree.	10836

(iii) If the most serious sexually oriented offense or	10837
child-victim oriented offense that was the basis of the	10838
registration, notice of intent to reside, change of address	10839
notification, or address verification requirement that was	10840
violated under the prohibition is a misdemeanor of the first	10841
degree if committed by an adult, the offender is guilty of a	10842
felony of the fifth degree.	10843

(iv) If the most serious sexually oriented offense or	10844
child-victim oriented offense that was the basis of the	10845
registration, notice of intent to reside, change of address	10846
notification, or address verification requirement that was	10847
violated under the prohibition is a misdemeanor other than a	10848
misdemeanor of the first degree if committed by an adult, the	10849
offender is guilty of a misdemeanor that is one degree higher than	10850
the most serious sexually oriented offense or child-victim	10851
oriented offense that was the basis of the registration, change of	10852
address, or address verification requirement that was violated	10853
under the prohibition.	10854

(2) In addition to any penalty or sanction imposed under	10855
division (A)(1) of this section or any other provision of law for	10856
thea violation of a prohibition in section 2950.04, 2950.041,	10857
2950.05, or 2950.06 of the Revised Code, if the offender or	10858
delinquent child is subject to a community control sanction, is on	10859
parole, is subject to one or more post-release control sanctions,	10860
or is subject to any other type of supervised release at the time	10861
of the violation, the violation shall constitute a violation of	10862
the terms and conditions of the community control sanction,	10863
parole, post-release control sanction, or other type of supervised	10864
release.	10865

(B) If a person violates a prohibition in section 2950.04,	10866
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	10867
the person as a result of the person being adjudicated a	10868
delinquent child and being classified a juvenile sex offender	10869
registrant or isas an out-of-state juvenile sex offender	10870
registrant, both of the following apply:	10871

(1) If the violation occurs while the person is under	10872
eighteen years of age, the person is subject to proceedings under	10873
Chapter 2152. of the Revised Code based on the violation.	10874

(2) If the violation occurs while the person is eighteen	10875
years of age or older, the person is subject to criminal	10876
prosecution based on the violation.	10877

(C) Whoever violates division (C) of section 2950.13 of the	10878
Revised Code is guilty of a misdemeanor of the first degree.	10879

Sec. 5321.01.  As used in this chapter:

10880

(A) "Tenant" means a person entitled under a rental agreement	10881
to the use and occupancy of residential premises to the exclusion	10882
of others.	10883

(B) "Landlord" means the owner, lessor, or sublessor of	10884
residential premises, the agent of the owner, lessor, or	10885
sublessor, or any person authorized by the owner, lessor, or	10886
sublessor to manage the premises or to receive rent from a tenant	10887
under a rental agreement.	10888

(C) "Residential premises" means a dwelling unit for	10889
residential use and occupancy and the structure of which it is a	10890
part, the facilities and appurtenances in it, and the grounds,	10891
areas, and facilities for the use of tenants generally or the use	10892
of which is promised the tenant. "Residential premises" includes a	10893
dwelling unit that is owned or operated by a college or	10894
university. "Residential premises" does not include any of the	10895
following:	10896

(1) Prisons, jails, workhouses, and other places of	10897
incarceration or correction, including, but not limited to,	10898
halfway houses or residential arrangements that are used or	10899
occupied as a requirement of a community control sanction, a	10900
post-release control sanction, or parole;	10901

(2) Hospitals and similar institutions with the primary	10902
purpose of providing medical services, and homes licensed pursuant	10903
to Chapter 3721. of the Revised Code;	10904

(3) Tourist homes, hotels, motels, recreational vehicle	10905
parks, recreation camps, combined park-camps, temporary	10906
park-camps, and other similar facilities where circumstances	10907
indicate a transient occupancy;	10908

(4) Elementary and secondary boarding schools, where the cost	10909
of room and board is included as part of the cost of tuition;	10910

(5) Orphanages and similar institutions;

10911

(6) Farm residences furnished in connection with the rental	10912
of land of a minimum of two acres for production of agricultural	10913
products by one or more of the occupants;	10914

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	10915
the Revised Code;	10916

(8) Occupancy by an owner of a condominium unit;

10917

(9) Occupancy in a facility licensed as an SRO facility	10918
pursuant to Chapter 3731. of the Revised Code, if the facility is	10919
owned or operated by an organization that is exempt from taxation	10920
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	10921
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	10922
group of entities in which such an organization has a controlling	10923
interest, and if either of the following applies:	10924

(a) The occupancy is for a period of less than sixty days;

10925

(b) The occupancy is for participation in a program operated	10926
by the facility, or by a public entity or private charitable	10927
organization pursuant to a contract with the facility, to provide	10928
either of the following:	10929

(i) Services licensed, certified, registered, or approved by	10930
a governmental agency or private accrediting organization for the	10931
rehabilitation of mentally ill persons, developmentally disabled	10932
persons, adults or juveniles convicted of criminal offenses, or	10933
persons suffering from substance abuse;	10934

(ii) Shelter for juvenile runaways, victims of domestic	10935
violence, or homeless persons.	10936

(10) Emergency shelters operated by organizations exempt from	10937
federal income taxation under section 501(c)(3) of the "Internal	10938
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	10939
amended, for persons whose circumstances indicate a transient	10940
occupancy, including homeless people, victims of domestic	10941
violence, and juvenile runaways.	10942

(D) "Rental agreement" means any agreement or lease, written	10943
or oral, which establishes or modifies the terms, conditions,	10944
rules, or any other provisions concerning the use and occupancy of	10945
residential premises by one of the parties.	10946

(E) "Security deposit" means any deposit of money or property	10947
to secure performance by the tenant under a rental agreement.	10948

(F) "Dwelling unit" means a structure or the part of a	10949
structure that is used as a home, residence, or sleeping place by	10950
one person who maintains a household or by two or more persons who	10951
maintain a common household.	10952

(G) "Controlled substance" has the same meaning as in section	10953
3719.01 of the Revised Code.	10954

(H) "Student tenant" means a person who occupies a dwelling	10955
unit owned or operated by the college or university at which the	10956
person is a student, and who has a rental agreement that is	10957
contingent upon the person's status as a student.	10958

(I) "Recreational vehicle park," "recreation camp," "combined	10959
park-camp," and "temporary park-camp" have the same meanings as in	10960
section 3733.01 of the Revised Code.	10961

(I)(J) "Community control sanction" has the same meaning as	10962
in section 2929.01 of the Revised Code.	10963

(J)(K) "Post-release control sanction" has the same meaning	10964
as in section 2967.01 of the Revised Code.	10965

(L) "School premises" has the same meaning as in section	10966
2925.01 of the Revised Code.	10967

(M) "Sexually oriented offense" and "child-victim oriented	10968
offense" have the same meanings as in section 2950.01 of the	10969
Revised Code.	10970

Section 4. That the existing versions of sections 109.42,	10971
2152.02, 2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23,	10972
2950.01, 2950.99, and 5321.01 of the Revised Code that are	10973
scheduled to take effect January 1, 2004, are hereby repealed.	10974

Section 5. Sections 3 and 4 of this act shall take effect	10975
January 1, 2004.	10976

Section 6. The provisions of this act are severable. If a	10977
codified or uncodified section of law contained in this act or a	10978
provision or application of such a section is held invalid, the	10979
invalidity does not affect any other codified or uncodified	10980
section of law contained in this act, or any related codified or	10981
uncodified section, or any provision or application of any such	10982
section, that can be given effect without the invalid section or	10983
provision or application.	10984

Section 7. (A) Section 2919.24 of the Revised Code is	10985
presented in Section 1 of this act as a composite of the section	10986
as amended by Am. Sub. S.B. 3 of the 124th General Assembly and	10987
Am. Sub. S.B. 179 of the 123rd General Assembly. Section 2929.13	10988
of the Revised Code is presented in Section 1 of this act as a	10989
composite of the section as amended by both Am. Sub. H.B. 327 and	10990
Sub. H.B. 485 of the 124th General Assembly. Section 2929.19 of	10991
the Revised Code, effective until January 1, 2004, is presented in	10992
Section 1 of this act as a composite of the section as amended by	10993
both Sub. H.B. 170 and Sub. H.B. 485 of the 124th General	10994
Assembly. Section 2950.08 of the Revised Code is presented in	10995
Section 1 of this act as a composite of the section as amended by	10996
both Am. Sub. H.B. 180 and Am. Sub. S.B. 160 of the 121st General	10997
Assembly. The General Assembly, applying the principle stated in	10998
division (B) of section 1.52 of the Revised Code that amendments	10999
are to be harmonized if reasonably capable of simultaneous	11000
operation, finds that the composites are the resulting versions of	11001
the sections in effect prior to the effective date of the sections	11002
as presented in Section 1 of this act.	11003

(B) Section 2152.02 of the Revised Code, effective January 1,	11004
2004, is presented in Section 3 of this act as a composite of the	11005
section as amended by both Am. Sub. H.B. 400 and Am. Sub. H.B. 490	11006
of the 124th General Assembly. Section 2152.19 of the Revised	11007
Code, effective January 1, 2004, is presented in Section 3 of this	11008
act as a composite of the section as amended by both Am. Sub. H.B.	11009
400 and Am. Sub. H.B. 490 of the 124th General Assembly. Section	11010
2743.191 of the Revised Code is presented in Section 3 of this act	11011
as a composite of the section as amended by both Sub. H.B. 427 and	11012
Am. Sub. S.B. 123 of the 124th General Assembly. Section 2929.13	11013
of the Revised Code, effective January 1, 2004, is presented in	11014
Section 3 of this act as a composite of the section as amended by	11015
Am. Sub. H.B. 327, Sub. H.B. 485, and Am. Sub. S.B. 123 of the	11016
124th General Assembly. Section 5321.01 of the Revised Code,	11017
effective January 1, 2004, is presented in Section 3 of this act	11018
as a composite of the section as amended by both Am. Sub. H.B. 490	11019
and Sub. H.B. 520 of the 124th General Assembly. The General	11020
Assembly, applying the principle stated in division (B) of section	11021
1.52 of the Revised Code that amendments are to be harmonized if	11022
reasonably capable of simultaneous operation, finds that the	11023
composites are the resulting versions of the sections in effect	11024
prior to the effective date of the sections as presented in	11025
Section 3 of this act.	11026

Section 8. Sections 1923.01, 1923.02, 1923.051, 5321.01, and	11027
5321.03 of the Revised Code, as amended by this act, and sections	11028
2950.031 and 5321.051 of the Revised Code, as enacted by this act,	11029
apply to rental agreements entered into on or after the effective	11030
date of this act.	11031

Section 9. This act is hereby declared to be an emergency	11032
measure necessary for the immediate preservation of the public	11033
peace, health, and safety. The reason for such necessity is that	11034
it is crucial for this state to make the changes in this act as	11035
soon as possible, in order to expand the protections and	11036
information afforded residents of this state regarding offenders	11037
who commit sexually oriented offenses or child-victim oriented	11038
offenses and in order to comply with the federal Jacob Wetterling	11039
Crimes Against Children and Sexually Violent Offender Registration	11040
Act and standards adopted under that Act and receive related	11041
federal funding that is contingent upon compliance. Therefore,	11042
this act shall go into immediate effect.	11043