REPRESENTATIVES Latta, Callender, Oelslager, DePiero, Faber, D. Evans, Grendell, Gilb, Willamowski, Seitz, Mason

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, 2950.022, 2950.031, 2950.041,

11

2950.091, 2950.111, and 5321.051 of the Revised

12

Code to 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 expand the victim

46

and community notification provisions of the Law

47

and to specifically authorize specified use of the

48

Internet for those provisions; to establish the

49

Sex Offender Technology Fund for a sex offender

50

and child-victim offender tracking program

51

established by the Attorney General; to authorize

52

use of the Internet for the tracking program; to

53

expand the information included in a registration

54

or residence address verification form under the

55

Law; to modify the deadline imposed for address

56

verification under that Law; to authorize a

57

sheriff who uses the Internet for the victim and

58

community notification provisions of the Law to

59

receive funds from the Sex Offender Technology

60

Fund; to eliminate from the offense of

61

"importuning" a prohibition that the Supreme Court

62

found to be unconstitutional; to expand the

63

purposes for which payments may be made from the

64

Reparations Fund; to amend the versions of

65

sections 109.42, 2152.02, 2152.19, 2743.191,

66

2929.01, 2929.13, 2929.19, 2929.23, 2950.01,

67

2950.99, and 5321.01 of the Revised Code that are

68

scheduled to take effect on January 1, 2004, to

69

continue the provisions of this act on and after

70

that effective date; and to declare an emergency.

71

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

Section 1. That sections 109.42, 109.57, 325.32, 1923.01,	72
1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83,	73
2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07, 2919.24,	74
2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01, 2950.02,	75
2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081,	76
2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2950.99,	77
2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03 be	78
amended and sections 311.171, 2152.811, 2152.851, 2950.021,	79
2950.022, 2950.031, 2950.041, 2950.091, 2950.111, and 5321.051 of	80
the Revised Code be enacted to read as follows:	81

Sec. 109.42.  (A) The attorney general shall prepare and have	82
printed a pamphlet that contains a compilation of all statutes	83
relative to victim's rights in which the attorney general lists	84
and explains the statutes in the form of a victim's bill of	85
rights. The attorney general shall distribute the pamphlet to all	86
sheriffs, marshals, municipal corporation and township police	87
departments, constables, and other law enforcement agencies, to	88
all prosecuting attorneys, city directors of law, village	89
solicitors, and other similar chief legal officers of municipal	90
corporations, and to organizations that represent or provide	91
services for victims of crime. The victim's bill of rights set	92
forth in the pamphlet shall contain a description of all of the	93
rights of victims that are provided for in Chapter 2930. or in any	94
other section of the Revised Code and shall include, but not be	95
limited to, all of the following:	96

(1) The right of a victim or a victim's representative to	97
attend a proceeding before a grand jury, in a juvenile case, or in	98
a criminal case pursuant to a subpoena without being discharged	99
from the victim's or representative's employment, having the	100
victim's or representative's employment terminated, having the	101
victim's or representative's pay decreased or withheld, or	102
otherwise being punished, penalized, or threatened as a result of	103
time lost from regular employment because of the victim's or	104
representative's attendance at the proceeding pursuant to the	105
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	106
2945.451 of the Revised Code;	107

(2) The potential availability pursuant to section 2151.359	108
or 2152.61 of the Revised Code of a forfeited recognizance to pay	109
damages caused by a child when the delinquency of the child or	110
child's violation of probation or community control is found to be	111
proximately caused by the failure of the child's parent or	112
guardian to subject the child to reasonable parental authority or	113
to faithfully discharge the conditions of probation or community	114
control;	115

(3) The availability of awards of reparations pursuant to	116
sections 2743.51 to 2743.72 of the Revised Code for injuries	117
caused by criminal offenses;	118

(4) The right of the victim in certain criminal or juvenile	119
cases or a victim's representative to receive, pursuant to section	120
2930.06 of the Revised Code, notice of the date, time, and place	121
of the trial or delinquency proceeding in the case or, if there	122
will not be a trial or delinquency proceeding, information from	123
the prosecutor, as defined in section 2930.01 of the Revised Code,	124
regarding the disposition of the case;	125

(5) The right of the victim in certain criminal or juvenile	126
cases or a victim's representative to receive, pursuant to section	127
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	128
name of the person charged with the violation, the case or docket	129
number assigned to the charge, and a telephone number or numbers	130
that can be called to obtain information about the disposition of	131
the case;	132

(6) The right of the victim in certain criminal or juvenile	133
cases or of the victim's representative pursuant to section	134
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	135
terms set by the court as authorized under section 2930.14 of the	136
Revised Code, to make a statement about the victimization and, if	137
applicable, a statement relative to the sentencing or disposition	138
of the offender;	139

(7) The opportunity to obtain a court order, pursuant to	140
section 2945.04 of the Revised Code, to prevent or stop the	141
commission of the offense of intimidation of a crime victim or	142
witness or an offense against the person or property of the	143
complainant, or of the complainant's ward or child;	144

(8) The right of the victim in certain criminal or juvenile	145
cases or a victim's representative pursuant to sections 2151.38,	146
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	147
receive notice of a pending motion for judicial release or early	148
release of the person who committed the offense against the	149
victim, to make an oral or written statement at the court hearing	150
on the motion, and to be notified of the court's decision on the	151
motion;	152

(9) The right of the victim in certain criminal or juvenile	153
cases or a victim's representative pursuant to section 2930.16,	154
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	155
of any pending commutation, pardon, parole, transitional control,	156
discharge, other form of authorized release, post-release control,	157
or supervised release for the person who committed the offense	158
against the victim or any application for release of that person	159
and to send a written statement relative to the victimization and	160
the pending action to the adult parole authority or the release	161
authority of the department of youth services;	162

(10) The right of the victim to bring a civil action pursuant	163
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	164
from the offender's profit fund;	165

(11) The right, pursuant to section 3109.09 of the Revised	166
Code, to maintain a civil action to recover compensatory damages	167
not exceeding ten thousand dollars and costs from the parent of a	168
minor who willfully damages property through the commission of an	169
act that would be a theft offense, as defined in section 2913.01	170
of the Revised Code, if committed by an adult;	171

(12) The right, pursuant to section 3109.10 of the Revised	172
Code, to maintain a civil action to recover compensatory damages	173
not exceeding ten thousand dollars and costs from the parent of a	174
minor who willfully and maliciously assaults a person;	175

(13) The possibility of receiving restitution from an	176
offender or a delinquent child pursuant to section 2152.20,	177
2929.18, or 2929.21 of the Revised Code;	178

(14) The right of the victim in certain criminal or juvenile	179
cases or a victim's representative, pursuant to section 2930.16 of	180
the Revised Code, to receive notice of the escape from confinement	181
or custody of the person who committed the offense, to receive	182
that notice from the custodial agency of the person at the	183
victim's last address or telephone number provided to the	184
custodial agency, and to receive notice that, if either the	185
victim's address or telephone number changes, it is in the	186
victim's interest to provide the new address or telephone number	187
to the custodial agency;	188

(15) The right of a victim of domestic violence to seek the	189
issuance of a temporary protection order pursuant to section	190
2919.26 of the Revised Code, to seek the issuance of a civil	191
protection order pursuant to section 3113.31 of the Revised Code,	192
and to be accompanied by a victim advocate during court	193
proceedings;	194

(16) The right of a victim of a sexually oriented offense	195
that is not a registration-exempt sexually oriented offense or of	196
a child-victim oriented offense that is committed by a person who	197
is convicted of or pleads guilty to an aggravated sexually	198
oriented offense, by a person who is adjudicated as being a sexual	199
predator or child-victim predator, or, in certain cases, by a	200
person who is determined to be a habitual sex offender or habitual	201
child-victim offender to receive, pursuant to section 2950.10 of	202
the Revised Code, notice that the person has registered with a	203
sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised	204
Code and notice of the person's name and, the person's residence	205
address that is registered, and the offender's school, institution	206
of higher education, or place of employment address or addresses	207
that are registered, and a summary of the manner in which the	208
victim must make a request to receive the notice. As used in this	209
division, "sexually oriented offense," "adjudicated as being a	210
sexual predator," and "habitual sex offender,"	211
"registration-exempt sexually oriented offense," "aggravated	212
sexually oriented offense," "child-victim oriented offense,"	213
"adjudicated a child-victim predator," and "habitual child-victim	214
offender" have the same meanings as in section 2950.01 of the	215
Revised Code.	216

(17) The right of a victim of certain sexually violent	217
offenses committed by a sexually violent predator who is sentenced	218
to a prison term pursuant to division (A)(3) of section 2971.03 of	219
the Revised Code to receive, pursuant to section 2930.16 of the	220
Revised Code, notice of a hearing to determine whether to modify	221
the requirement that the offender serve the entire prison term in	222
a state correctional facility, whether to continue, revise, or	223
revoke any existing modification of that requirement, or whether	224
to terminate the prison term. As used in this division, "sexually	225
violent offense" and "sexually violent predator" have the same	226
meanings as in section 2971.01 of the Revised Code.	227

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	228
prosecuting attorney, assistant prosecuting attorney, city	229
director of law, assistant city director of law, village	230
solicitor, assistant village solicitor, or similar chief legal	231
officer of a municipal corporation or an assistant of any of those	232
officers who prosecutes an offense committed in this state, upon	233
first contact with the victim of the offense, the victim's family,	234
or the victim's dependents, shall give the victim, the victim's	235
family, or the victim's dependents a copy of the pamphlet prepared	236
pursuant to division (A) of this section and explain, upon	237
request, the information in the pamphlet to the victim, the	238
victim's family, or the victim's dependents.	239

(b) Subject to division (B)(1)(c) of this section, a law	240
enforcement agency that investigates an offense or delinquent act	241
committed in this state shall give the victim of the offense or	242
delinquent act, the victim's family, or the victim's dependents a	243
copy of the pamphlet prepared pursuant to division (A) of this	244
section at one of the following times:	245

(i) Upon first contact with the victim, the victim's family,	246
or the victim's dependents;	247

(ii) If the offense or delinquent act is an offense of	248
violence, if the circumstances of the offense or delinquent act	249
and the condition of the victim, the victim's family, or the	250
victim's dependents indicate that the victim, the victim's family,	251
or the victim's dependents will not be able to understand the	252
significance of the pamphlet upon first contact with the agency,	253
and if the agency anticipates that it will have an additional	254
contact with the victim, the victim's family, or the victim's	255
dependents, upon the agency's second contact with the victim, the	256
victim's family, or the victim's dependents.	257

If the agency does not give the victim, the victim's family,	258
or the victim's dependents a copy of the pamphlet upon first	259
contact with them and does not have a second contact with the	260
victim, the victim's family, or the victim's dependents, the	261
agency shall mail a copy of the pamphlet to the victim, the	262
victim's family, or the victim's dependents at their last known	263
address.	264

(c) In complying on and after December 9, 1994, with the	265
duties imposed by division (B)(1)(a) or (b) of this section, an	266
official or a law enforcement agency shall use copies of the	267
pamphlet that are in the official's or agency's possession on	268
December 9, 1994, until the official or agency has distributed all	269
of those copies. After the official or agency has distributed all	270
of those copies, the official or agency shall use only copies of	271
the pamphlet that contain at least the information described in	272
division (A)(1) to (17) of this section.	273

(2) The failure of a law enforcement agency or of a	274
prosecuting attorney, assistant prosecuting attorney, city	275
director of law, assistant city director of law, village	276
solicitor, assistant village solicitor, or similar chief legal	277
officer of a municipal corporation or an assistant to any of those	278
officers to give, as required by division (B)(1) of this section,	279
the victim of an offense or delinquent act, the victim's family,	280
or the victim's dependents a copy of the pamphlet prepared	281
pursuant to division (A) of this section does not give the victim,	282
the victim's family, the victim's dependents, or a victim's	283
representative any rights under section 122.95, 2743.51 to	284
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	285
of the Revised Code or under any other provision of the Revised	286
Code and does not affect any right under those sections.	287

(3) A law enforcement agency, a prosecuting attorney or	288
assistant prosecuting attorney, or a city director of law,	289
assistant city director of law, village solicitor, assistant	290
village solicitor, or similar chief legal officer of a municipal	291
corporation that distributes a copy of the pamphlet prepared	292
pursuant to division (A) of this section shall not be required to	293
distribute a copy of an information card or other printed material	294
provided by the clerk of the court of claims pursuant to section	295
2743.71 of the Revised Code.	296

(C) The cost of printing and distributing the pamphlet	297
prepared pursuant to division (A) of this section shall be paid	298
out of the reparations fund, created pursuant to section 2743.191	299
of the Revised Code, in accordance with division (D) of that	300
section.	301

(D) As used in this section:

302

(1) "Victim's representative" has the same meaning as in	303
section 2930.01 of the Revised Code;	304

(2) "Victim advocate" has the same meaning as in section	305
2919.26 of the Revised Code.	306

Sec. 109.57.  (A)(1) The superintendent of the bureau of	307
criminal identification and investigation shall procure from	308
wherever procurable and file for record photographs, pictures,	309
descriptions, fingerprints, measurements, and other information	310
that may be pertinent of all persons who have been convicted of	311
committing within this state a felony, any crime constituting a	312
misdemeanor on the first offense and a felony on subsequent	313
offenses, or any misdemeanor described in division (A)(1)(a) of	314
section 109.572 of the Revised Code, of all children under	315
eighteen years of age who have been adjudicated delinquent	316
children for committing within this state an act that would be a	317
felony or an offense of violence if committed by an adult or who	318
have been convicted of or pleaded guilty to committing within this	319
state a felony or an offense of violence, and of all well-known	320
and habitual criminals. The person in charge of any county,	321
multicounty, municipal, municipal-county, or multicounty-municipal	322
jail or workhouse, community-based correctional facility, halfway	323
house, alternative residential facility, or state correctional	324
institution and the person in charge of any state institution	325
having custody of a person suspected of having committed a felony,	326
any crime constituting a misdemeanor on the first offense and a	327
felony on subsequent offenses, or any misdemeanor described in	328
division (A)(1)(a) of section 109.572 of the Revised Code or	329
having custody of a child under eighteen years of age with respect	330
to whom there is probable cause to believe that the child may have	331
committed an act that would be a felony or an offense of violence	332
if committed by an adult shall furnish such material to the	333
superintendent of the bureau. Fingerprints, photographs, or other	334
descriptive information of a child who is under eighteen years of	335
age, has not been arrested or otherwise taken into custody for	336
committing an act that would be a felony or an offense of violence	337
if committed by an adult, has not been adjudicated a delinquent	338
child for committing an act that would be a felony or an offense	339
of violence if committed by an adult, has not been convicted of or	340
pleaded guilty to committing a felony or an offense of violence,	341
and is not a child with respect to whom there is probable cause to	342
believe that the child may have committed an act that would be a	343
felony or an offense of violence if committed by an adult shall	344
not be procured by the superintendent or furnished by any person	345
in charge of any county, multicounty, municipal, municipal-county,	346
or multicounty-municipal jail or workhouse, community-based	347
correctional facility, halfway house, alternative residential	348
facility, or state correctional institution, except as authorized	349
in section 2151.313 of the Revised Code.	350

(2) Every clerk of a court of record in this state, other	351
than the supreme court or a court of appeals, shall send to the	352
superintendent of the bureau a weekly report containing a summary	353
of each case involving a felony, involving any crime constituting	354
a misdemeanor on the first offense and a felony on subsequent	355
offenses, involving a misdemeanor described in division (A)(1)(a)	356
of section 109.572 of the Revised Code, or involving an	357
adjudication in a case in which a child under eighteen years of	358
age was alleged to be a delinquent child for committing an act	359
that would be a felony or an offense of violence if committed by	360
an adult. The clerk of the court of common pleas shall include in	361
the report and summary the clerk sends under this division all	362
information described in divisions (A)(2)(a) to (f) of this	363
section regarding a case before the court of appeals that is	364
served by that clerk. The summary shall be written on the standard	365
forms furnished by the superintendent pursuant to division (B) of	366
this section and shall include the following information:	367

(a) The incident tracking number contained on the standard	368
forms furnished by the superintendent pursuant to division (B) of	369
this section;	370

(b) The style and number of the case;

371

(c) The date of arrest;

372

(d) The date that the person was convicted of or pleaded	373
guilty to the offense, adjudicated a delinquent child for	374
committing the act that would be a felony or an offense of	375
violence if committed by an adult, found not guilty of the	376
offense, or found not to be a delinquent child for committing an	377
act that would be a felony or an offense of violence if committed	378
by an adult, the date of an entry dismissing the charge, an entry	379
declaring a mistrial of the offense in which the person is	380
discharged, an entry finding that the person or child is not	381
competent to stand trial, or an entry of a nolle prosequi, or the	382
date of any other determination that constitutes final resolution	383
of the case;	384

(e) A statement of the original charge with the section of	385
the Revised Code that was alleged to be violated;	386

(f) If the person or child was convicted, pleaded guilty, or	387
was adjudicated a delinquent child, the sentence or terms of	388
probation imposed or any other disposition of the offender or the	389
delinquent child.	390

If the offense involved the disarming of a law enforcement	391
officer or an attempt to disarm a law enforcement officer, the	392
clerk shall clearly state that fact in the summary, and the	393
superintendent shall ensure that a clear statement of that fact is	394
placed in the bureau's records.	395

(3) The superintendent shall cooperate with and assist	396
sheriffs, chiefs of police, and other law enforcement officers in	397
the establishment of a complete system of criminal identification	398
and in obtaining fingerprints and other means of identification of	399
all persons arrested on a charge of a felony, any crime	400
constituting a misdemeanor on the first offense and a felony on	401
subsequent offenses, or a misdemeanor described in division	402
(A)(1)(a) of section 109.572 of the Revised Code and of all	403
children under eighteen years of age arrested or otherwise taken	404
into custody for committing an act that would be a felony or an	405
offense of violence if committed by an adult. The superintendent	406
also shall file for record the fingerprint impressions of all	407
persons confined in a county, multicounty, municipal,	408
municipal-county, or multicounty-municipal jail or workhouse,	409
community-based correctional facility, halfway house, alternative	410
residential facility, or state correctional institution for the	411
violation of state laws and of all children under eighteen years	412
of age who are confined in a county, multicounty, municipal,	413
municipal-county, or multicounty-municipal jail or workhouse,	414
community-based correctional facility, halfway house, alternative	415
residential facility, or state correctional institution or in any	416
facility for delinquent children for committing an act that would	417
be a felony or an offense of violence if committed by an adult,	418
and any other information that the superintendent may receive from	419
law enforcement officials of the state and its political	420
subdivisions.	421

(4) The superintendent shall carry out Chapter 2950. of the	422
Revised Code with respect to the registration of persons who are	423
convicted of or plead guilty to either a sexually oriented offense	424
that is not a registration-exempt sexually oriented offense or a	425
child-victim oriented offense and with respect to all other duties	426
imposed on the bureau under that chapter.	427

(B) The superintendent shall prepare and furnish to every	428
county, multicounty, municipal, municipal-county, or	429
multicounty-municipal jail or workhouse, community-based	430
correctional facility, halfway house, alternative residential	431
facility, or state correctional institution and to every clerk of	432
a court in this state specified in division (A)(2) of this section	433
standard forms for reporting the information required under	434
division (A) of this section. The standard forms that the	435
superintendent prepares pursuant to this division may be in a	436
tangible format, in an electronic format, or in both tangible	437
formats and electronic formats.	438

(C) The superintendent may operate a center for electronic,	439
automated, or other data processing for the storage and retrieval	440
of information, data, and statistics pertaining to criminals and	441
to children under eighteen years of age who are adjudicated	442
delinquent children for committing an act that would be a felony	443
or an offense of violence if committed by an adult, criminal	444
activity, crime prevention, law enforcement, and criminal justice,	445
and may establish and operate a statewide communications network	446
to gather and disseminate information, data, and statistics for	447
the use of law enforcement agencies. The superintendent may	448
gather, store, retrieve, and disseminate information, data, and	449
statistics that pertain to children who are under eighteen years	450
of age and that are gathered pursuant to sections 109.57 to 109.61	451
of the Revised Code together with information, data, and	452
statistics that pertain to adults and that are gathered pursuant	453
to those sections.	454

(D) The information and materials furnished to the	455
superintendent pursuant to division (A) of this section and	456
information and materials furnished to any board or person under	457
division (F) or (G) of this section are not public records under	458
section 149.43 of the Revised Code.	459

(E) The attorney general shall adopt rules, in accordance	460
with Chapter 119. of the Revised Code, setting forth the procedure	461
by which a person may receive or release information gathered by	462
the superintendent pursuant to division (A) of this section. A	463
reasonable fee may be charged for this service. If a temporary	464
employment service submits a request for a determination of	465
whether a person the service plans to refer to an employment	466
position has been convicted of or pleaded guilty to an offense	467
listed in division (A)(1), (3), (4), or (5) of section 109.572 of	468
the Revised Code, the request shall be treated as a single request	469
and only one fee shall be charged.	470

(F)(1) As used in division (F)(2) of this section, "head	471
start agency" means an entity in this state that has been approved	472
to be an agency for purposes of subchapter II of the "Community	473
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	474
as amended.	475

(2)(a) In addition to or in conjunction with any request that	476
is required to be made under section 109.572, 2151.86, 3301.32,	477
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	478
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	479
education of any school district; the director of mental	480
retardation and developmental disabilities; any county board of	481
mental retardation and developmental disabilities; any entity	482
under contract with a county board of mental retardation and	483
developmental disabilities; the chief administrator of any	484
chartered nonpublic school; the chief administrator of any home	485
health agency; the chief administrator of or person operating any	486
child day-care center, type A family day-care home, or type B	487
family day-care home licensed or certified under Chapter 5104. of	488
the Revised Code; the administrator of any type C family day-care	489
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	490
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	491
general assembly; the chief administrator of any head start	492
agency; or the executive director of a public children services	493
agency may request that the superintendent of the bureau	494
investigate and determine, with respect to any individual who has	495
applied for employment in any position after October 2, 1989, or	496
any individual wishing to apply for employment with a board of	497
education may request, with regard to the individual, whether the	498
bureau has any information gathered under division (A) of this	499
section that pertains to that individual. On receipt of the	500
request, the superintendent shall determine whether that	501
information exists and, upon request of the person, board, or	502
entity requesting information, also shall request from the federal	503
bureau of investigation any criminal records it has pertaining to	504
that individual. Within thirty days of the date that the	505
superintendent receives a request, the superintendent shall send	506
to the board, entity, or person a report of any information that	507
the superintendent determines exists, including information	508
contained in records that have been sealed under section 2953.32	509
of the Revised Code, and, within thirty days of its receipt, shall	510
send the board, entity, or person a report of any information	511
received from the federal bureau of investigation, other than	512
information the dissemination of which is prohibited by federal	513
law.	514

(b) When a board of education is required to receive	515
information under this section as a prerequisite to employment of	516
an individual pursuant to section 3319.39 of the Revised Code, it	517
may accept a certified copy of records that were issued by the	518
bureau of criminal identification and investigation and that are	519
presented by an individual applying for employment with the	520
district in lieu of requesting that information itself. In such a	521
case, the board shall accept the certified copy issued by the	522
bureau in order to make a photocopy of it for that individual's	523
employment application documents and shall return the certified	524
copy to the individual. In a case of that nature, a district only	525
shall accept a certified copy of records of that nature within one	526
year after the date of their issuance by the bureau.	527

(3) The state board of education may request, with respect to	528
any individual who has applied for employment after October 2,	529
1989, in any position with the state board or the department of	530
education, any information that a school district board of	531
education is authorized to request under division (F)(2) of this	532
section, and the superintendent of the bureau shall proceed as if	533
the request has been received from a school district board of	534
education under division (F)(2) of this section.	535

(4) When the superintendent of the bureau receives a request	536
for information that is authorized under section 3319.291 of the	537
Revised Code, the superintendent shall proceed as if the request	538
has been received from a school district board of education under	539
division (F)(2) of this section.	540

(5) When a recipient of an OhioReads classroom or community	541
reading grant paid under section 3301.86 or 3301.87 of the Revised	542
Code or an entity approved by the OhioReads council requests, with	543
respect to any individual who applies to participate in providing	544
any program or service through an entity approved by the OhioReads	545
council or funded in whole or in part by the grant, the	546
information that a school district board of education is	547
authorized to request under division (F)(2)(a) of this section,	548
the superintendent of the bureau shall proceed as if the request	549
has been received from a school district board of education under	550
division (F)(2)(a) of this section.	551

(G) In addition to or in conjunction with any request that is	552
required to be made under section 173.41, 3701.881, 3712.09,	553
3721.121, or 3722.151 of the Revised Code with respect to an	554
individual who has applied for employment in a position that	555
involves providing direct care to an older adult, the chief	556
administrator of a PASSPORT agency that provides services through	557
the PASSPORT program created under section 173.40 of the Revised	558
Code, home health agency, hospice care program, home licensed	559
under Chapter 3721. of the Revised Code, adult day-care program	560
operated pursuant to rules adopted under section 3721.04 of the	561
Revised Code, or adult care facility may request that the	562
superintendent of the bureau investigate and determine, with	563
respect to any individual who has applied after January 27, 1997,	564
for employment in a position that does not involve providing	565
direct care to an older adult, whether the bureau has any	566
information gathered under division (A) of this section that	567
pertains to that individual. On receipt of the request, the	568
superintendent shall determine whether that information exists	569
and, on request of the administrator requesting information, shall	570
also request from the federal bureau of investigation any criminal	571
records it has pertaining to that individual. Within thirty days	572
of the date a request is received, the superintendent shall send	573
to the administrator a report of any information determined to	574
exist, including information contained in records that have been	575
sealed under section 2953.32 of the Revised Code, and, within	576
thirty days of its receipt, shall send the administrator a report	577
of any information received from the federal bureau of	578
investigation, other than information the dissemination of which	579
is prohibited by federal law.	580

(H) Information obtained by a board, administrator, or other	581
person under this section is confidential and shall not be	582
released or disseminated.	583

(I) The superintendent may charge a reasonable fee for	584
providing information or criminal records under division (F)(2) or	585
(G) of this section.	586

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

587

(1) "Federal poverty level" means the income level	588
represented by the poverty guidelines as revised annually by the	589
United States department of health and human services in	590
accordance with section 673(2) of the "Omnibus Reconciliation Act	591
of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family	592
size equal to the size of the family of the person whose income is	593
being determined.	594

(2) "Registration year" of an offender means one of the	595
following:	596

(a) The twelve-month period beginning on the anniversary,	597
occurring on or after January 1, 2004, of the date on which an	598
offender's registration period began in accordance with section	599
2950.07 of the Revised Code;	600

(b) The twelve-month period beginning on the date on which an	601
offender's registration period begins, on or after January 1,	602
2004, in accordance with section 2950.07 of the Revised Code.	603

(B) The sheriff may charge a fee each time a person does any	604
of the following:	605

(1) Registers under section 2950.04 or 2950.041 of the	606
Revised Code;	607

(2) Registers a new residence address under section 2950.05	608
of the Revised Code;	609

(3) Verifies a current residence address under section	610
2950.06 of the Revised Code.	611

(C) If the sheriff charges one or more fees provided for in	612
division (B) of this section, all of the following apply:	613

(1) The sheriff shall not require the payment of any fee from	614
a delinquent child until the delinquent child reaches eighteen	615
years of age. When a delinquent child reaches eighteen years of	616
age and the sheriff charges a fee to the delinquent child, the	617
provisions of this section applicable to "offenders" shall be	618
construed to apply to the delinquent child.	619

(2) For an offender who has been adjudicated a sexual	620
predator or child-victim predator or who has a duty to register as	621
a result of committing an aggravated sexually oriented offense,	622
the fees may not exceed a total of one hundred dollars for each	623
registration year.	624

(3) For an offender who has been determined to be a habitual	625
sexual offender or a habitual child-victim offender, who is not	626
described in division (C)(2) of this section, and for whom the	627
sentencing judge has required community notification, the fees may	628
not exceed a total of fifty dollars for each registration year.	629

(4) For an offender who has been convicted of or pleaded	630
guilty to a sexually oriented offense that is not a	631
registration-exempt sexually oriented offense or a child-victim	632
offense and who is not described in division (C)(2) or (3) of this	633
section, the fees may not exceed a total of twenty-five dollars	634
for each registration year.	635

(5) An offender who is required to pay a fee shall retain the	636
receipts received under section 325.28 of the Revised Code for	637
payments made during the offender's registration year to establish	638
that the payment of any fee will exceed the maximum annual amount	639
permissible under this division.	640

(6) The sheriff shall not refuse to register a person,	641
register a new residence address of a person, or verify the	642
current residence address of a person, who does not pay a fee the	643
sheriff requires under this section.	644

(7) The sheriff shall report unpaid fees in accordance with	645
division (C) of section 325.31 of the Revised Code, and the county	646
may recover those fees in a civil action in the same manner as	647
other money due the county.	648

(D) Each time a person appears before the sheriff to provide	649
any registration or verification specified in division (B) of this	650
section for which the sheriff charges a fee, the sheriff shall	651
determine whether the person is able to pay the fee. In making	652
that determination, the sheriff shall determine whether the	653
person's income is less than one hundred twenty-five per cent of	654
the federal poverty level. A person whose income is equal to or	655
greater than one hundred twenty-five per cent of the federal	656
poverty level shall be considered able to pay the fee.	657

(E) If a sheriff determines a person's income is less than	658
one hundred twenty-five per cent of the federal poverty level, the	659
sheriff shall waive payment of the fee. If the sheriff determines	660
a person's income is equal to or greater than one hundred	661
twenty-five per cent of the federal poverty level, the sheriff may	662
allow the person to pay the fee in accordance with a payment	663
schedule the sheriff establishes based on the person's ability to	664
pay. The sheriff shall document any waiver or alternative fee	665
arrangement in the official registration records of the sheriff's	666
office and shall provide the offender with a written copy of any	667
waiver or alternative fee arrangement.	668

(F) All fees paid to a sheriff under this section shall be	669
paid into the county treasury to the credit of the county general	670
fund and shall be allocated to the sheriff to be used to defray	671
the costs of registering sex offenders and child-victim offenders	672
and providing community notification under Chapter 2950. of the	673
Revised Code.	674

(G) If an offender has registered with a sheriff and	675
subsequently relocates to a different county during a registration	676
year, the annual maximum amounts set forth in division (C) of this	677
section shall apply to the sheriff in the new county, and that	678
sheriff shall consider any payments already made by the offender	679
for purposes of determining when the applicable maximum has been	680
met for the offender's registration year.	681

Sec. 325.32. NoExcept as otherwise provided in section	682
311.171 of the Revised Code, no county officer named in section	683
325.27 of the Revised Code, shall make any reduction, abatement,	684
or remission of any fees, costs, percentages, penalties,	685
allowances, or perquisites of any kind, required to be charged and	686
collected by himthe officer.	687

Sec. 1923.01.  (A) As provided in this chapter, any judge of	688
a county or municipal court or a court of common pleas, within the	689
judge's proper area of jurisdiction, may inquire about persons who	690
make unlawful and forcible entry into lands or tenements and	691
detain them, and about persons who make a lawful and peaceable	692
entry into lands or tenements and hold them unlawfully and by	693
force. If, upon the inquiry, it is found that an unlawful and	694
forcible entry has been made and the lands or tenements are	695
detained, or that, after a lawful entry, lands or tenements are	696
held unlawfully and by force, a judge shall cause the plaintiff in	697
an action under this chapter to have restitution of the lands or	698
tenements.	699

(B) An action shall be brought under this chapter within two	700
years after the cause of action accrues.	701

(C) As used in this chapter:

702

(1) "Tenant" means a person who is entitled under a rental	703
agreement to the use or occupancy of premises, other than premises	704
located in a manufactured home park, to the exclusion of others.	705

(2) "Landlord" means the owner, lessor, or sublessor of	706
premises, or the agent or person the landlord authorizes to manage	707
premises or to receive rent from a tenant under a rental	708
agreement, except, if required by the facts of the action to which	709
the term is applied, "landlord" means a park operator.	710

(3) "Park operator," "manufactured home," "mobile home,"	711
"manufactured home park," "recreational vehicle," and "resident"	712
have the same meanings as in section 3733.01 of the Revised Code.	713

(4) "Residential premises" has the same meaning as in section	714
5321.01 of the Revised Code, except, if required by the facts of	715
the action to which the term is applied, "residential premises"	716
has the same meaning as in section 3733.01 of the Revised Code.	717

(5) "Rental agreement" means any agreement or lease, written	718
or oral, that establishes or modifies the terms, conditions,	719
rules, or other provisions concerning the use or occupancy of	720
premises by one of the parties to the agreement or lease, except	721
that "rental agreement," as used in division (A)(13) of section	722
1923.02 of the Revised Code and where the context requires as used	723
in this chapter, means a rental agreement as defined in division	724
(D) of section 5322.01 of the Revised Code.	725

(6) "Controlled substance" has the same meaning as in section	726
3719.01 of the Revised Code.	727

(7) "School premises" has the same meaning as in section	728
2925.01 of the Revised Code.	729

(8) "Sexually oriented offense" and "child-victim oriented	730
offense" have the same meanings as in section 2950.01 of the	731
Revised Code.	732

Sec. 1923.02.  (A) Proceedings under this chapter may be had	733
as follows:	734

(1) Against tenants or manufactured home park residents	735
holding over their terms;	736

(2) Against tenants or manufactured home park residents in	737
possession under an oral tenancy, who are in default in the	738
payment of rent as provided in division (B) of this section;	739

(3) In sales of real estate, on executions, orders, or other	740
judicial process, when the judgment debtor was in possession at	741
the time of the rendition of the judgment or decree, by virtue of	742
which the sale was made;	743

(4) In sales by executors, administrators, or guardians, and	744
on partition, when any of the parties to the complaint were in	745
possession at the commencement of the action, after the sales, so	746
made on execution or otherwise, have been examined by the proper	747
court and adjudged legal;	748

(5) When the defendant is an occupier of lands or tenements,	749
without color of title, and the complainant has the right of	750
possession to them;	751

(6) In any other case of the unlawful and forcible detention	752
of lands or tenements. For purposes of this division, in addition	753
to any other type of unlawful and forcible detention of lands or	754
tenements, such a detention may be determined to exist when both	755
of the following apply:	756

(a) A tenant fails to vacate residential premises within	757
three days after both of the following occur:	758

(i) The tenant's landlord has actual knowledge of or has	759
reasonable cause to believe that the tenant, any person in the	760
tenant's household, or any person on the premises with the consent	761
of the tenant previously has or presently is engaged in a	762
violation of Chapter 2925. or 3719. of the Revised Code, or of a	763
municipal ordinance that is substantially similar to any section	764
in either of those chapters, which involves a controlled substance	765
and which occurred in, is occurring in, or otherwise was or is	766
connected with the premises, whether or not the tenant or other	767
person has been charged with, has pleaded guilty to or been	768
convicted of, or has been determined to be a delinquent child for	769
an act that, if committed by an adult, would be a violation as	770
described in this division. For purposes of this division, a	771
landlord has "actual knowledge of or has reasonable cause to	772
believe" that a tenant, any person in the tenant's household, or	773
any person on the premises with the consent of the tenant	774
previously has or presently is engaged in a violation as described	775
in this division if a search warrant was issued pursuant to	776
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	777
affidavit presented to obtain the warrant named or described the	778
tenant or person as the individual to be searched and particularly	779
described the tenant's premises as the place to be searched, named	780
or described one or more controlled substances to be searched for	781
and seized, stated substantially the offense under Chapter 2925.	782
or 3719. of the Revised Code or the substantially similar	783
municipal ordinance that occurred in, is occurring in, or	784
otherwise was or is connected with the tenant's premises, and	785
states the factual basis for the affiant's belief that the	786
controlled substances are located on the tenant's premises; the	787
warrant was properly executed by a law enforcement officer and any	788
controlled substance described in the affidavit was found by that	789
officer during the search and seizure; and, subsequent to the	790
search and seizure, the landlord was informed by that or another	791
law enforcement officer of the fact that the tenant or person has	792
or presently is engaged in a violation as described in this	793
division and it occurred in, is occurring in, or otherwise was or	794
is connected with the tenant's premises.	795

(ii) The landlord gives the tenant the notice required by	796
division (C) of section 5321.17 of the Revised Code.	797

(b) The court determines, by a preponderance of the evidence,	798
that the tenant, any person in the tenant's household, or any	799
person on the premises with the consent of the tenant previously	800
has or presently is engaged in a violation as described in	801
division (A)(6)(a)(i) of this section.	802

(7) In cases arising out of Chapter 5313. of the Revised	803
Code. In those cases, the court has the authority to declare a	804
forfeiture of the vendee's rights under a land installment	805
contract and to grant any other claims arising out of the	806
contract.	807

(8) Against tenants who have breached an obligation that is	808
imposed by section 5321.05 of the Revised Code, other than the	809
obligation specified in division (A)(9) of that section, and that	810
materially affects health and safety. Prior to the commencement of	811
an action under this division, notice shall be given to the tenant	812
and compliance secured with section 5321.11 of the Revised Code.	813

(9) Against tenants who have breached an obligation imposed	814
upon them by a written rental agreement;	815

(10) Against manufactured home park residents who have	816
defaulted in the payment of rent or breached the terms of a rental	817
agreement with a manufactured home park operator. Nothing in this	818
division precludes the commencement of an action under division	819
(A)(12) of this section when the additional circumstances	820
described in that division apply.	821

(11) Against manufactured home park residents who have	822
committed two material violations of the rules of the manufactured	823
home park, of the public health council, or of applicable state	824
and local health and safety codes and who have been notified of	825
the violations in compliance with section 3733.13 of the Revised	826
Code;	827

(12) Against a manufactured home park resident, or the estate	828
of a manufactured home park resident, who has been absent from the	829
manufactured home park for a period of thirty consecutive days	830
prior to the commencement of an action under this division and	831
whose manufactured home or mobile home, or recreational vehicle	832
that is parked in the manufactured home park, has been left	833
unoccupied for that thirty-day period, without notice to the park	834
operator and without payment of rent due under the rental	835
agreement with the park operator;	836

(13) Against occupants of self-service storage facilities, as	837
defined in division (A) of section 5322.01 of the Revised Code,	838
who have breached the terms of a rental agreement or violated	839
section 5322.04 of the Revised Code;	840

(14) Against any resident or occupant who, pursuant to a	841
rental agreement, resides in or occupies residential premises	842
located within one thousand feet of any school premises and to	843
whom both of the following apply:	844

(a) The resident's or occupant's name appears on the state	845
registry of sex offenders and child-victim offenders maintained	846
under section 2950.13 of the Revised Code.	847

(b) The state registry of sex offenders and child-victim	848
offenders indicates that the resident or occupant was convicted of	849
or pleaded guilty to either a sexually oriented offense that is	850
not a registration-exempt sexually oriented offense or a	851
child-victim oriented offense in a criminal prosecution and was	852
not sentenced to a serious youthful offender dispositional	853
sentence for that offense.	854

(15) Against any tenant who permits any person to occupy	855
residential premises located within one thousand feet of any	856
school premises if both of the following apply to the person:	857

(a) The person's name appears on the state registry of sex	858
offenders and child-victim offenders maintained under section	859
2950.13 of the Revised Code.	860

(b) The state registry of sex offenders and child-victim	861
offenders indicates that the person was convicted of or pleaded	862
guilty to either a sexually oriented offense that is not a	863
registration-exempt sexually oriented offense or a child-victim	864
oriented offense in a criminal prosecution and was not sentenced	865
to a serious youthful offender dispositional sentence for that	866
offense.	867

(B) If a tenant or manufactured home park resident holding	868
under an oral tenancy is in default in the payment of rent, the	869
tenant or resident forfeits the right of occupancy, and the	870
landlord may, at the landlord's option, terminate the tenancy by	871
notifying the tenant or resident, as provided in section 1923.04	872
of the Revised Code, to leave the premises, for the restitution of	873
which an action may then be brought under this chapter.	874

(C)(1) If a tenant or any other person with the tenant's	875
permission resides in or occupies residential premises that are	876
located within one thousand feet of any school premises and is a	877
resident or occupant of the type described in division (A)(14) of	878
this section or a person of the type described in division (A)(15)	879
of this section, the landlord for those residential premises, upon	880
discovery that the tenant or other person is a resident, occupant,	881
or person of that nature, may terminate the rental agreement or	882
tenancy for those residential premises by notifying the tenant and	883
all other occupants, as provided in section 1923.04 of the Revised	884
Code, to leave the premises.	885

(2) If a landlord is authorized to terminate a rental	886
agreement or tenancy pursuant to division (C)(1) of this section	887
but does not so terminate the rental agreement or tenancy, the	888
landlord is not liable in a tort or other civil action in damages	889
for any injury, death, or loss to person or property that	890
allegedly result from that decision.	891

(D) This chapter does not apply to a student tenant as	892
defined by division (H) of section 5321.01 of the Revised Code	893
when the college or university proceeds to terminate a rental	894
agreement pursuant to section 5321.031 of the Revised Code.	895

Sec. 1923.051.  (A) Notwithstanding the time-for-service of a	896
summons provision of division (A) of section 1923.06 of the	897
Revised Code, if the complaint described in section 1923.05 of the	898
Revised Code that is filed by a landlord in an action under this	899
chapter states that the landlord seeks a judgment of restitution	900
based on the grounds specified in divisions (A)(6)(a) and (b) of	901
section 1923.02 of the Revised Code, then the clerk of the	902
municipal court, county court, or court of common pleas in which	903
the complaint is filed shall cause both of the following to occur:	904

(1) The service and return of the summons in the action in	905
accordance with the Rules of Civil Procedure, which service shall	906
be made, if possible, within three working days after the filing	907
of the complaint;	908

(2) The action to be set for trial onnot later than the	909
thirtieth workingcalendar day after the date that the tenant is	910
served with a copy of the summons in accordance with division	911
(A)(1) of this section.	912

(B) The tenant in an action under this chapter as described	913
in division (A) of this section is not required to file an answer	914
to the complaint of the landlord, and may present any defenses	915
that hethe tenant may possess at the trial of the action in	916
accordance with section 1923.061 of the Revised Code.	917

(C) No continuances of an action under this chapter as	918
described in division (A) of this section shall be permitted under	919
section 1923.08 of the Revised Code, and if the tenant in the	920
action does not appear at the trial and the summons in the action	921
was properly served in accordance with division (A)(1) of this	922
section, then the court shall try the action in accordance with	923
section 1923.07 of the Revised Code.	924

(D) All provisions of this chapter that are not inconsistent	925
with this section shall apply to an action under this chapter as	926
described in division (A) of this section.	927

Sec. 2152.02.  As used in this chapter:

928

(A) "Act charged" means the act that is identified in a	929
complaint, indictment, or information alleging that a child is a	930
delinquent child.	931

(B) "Admitted to a department of youth services facility"	932
includes admission to a facility operated, or contracted for, by	933
the department and admission to a comparable facility outside this	934
state by another state or the United States.	935

(C)(1) "Child" means a person who is under eighteen years of	936
age, except as otherwise provided in divisions (C)(2) to (6) of	937
this section.	938

(2) Subject to division (C)(3) of this section, any person	939
who violates a federal or state law or a municipal ordinance prior	940
to attaining eighteen years of age shall be deemed a "child"	941
irrespective of that person's age at the time the complaint with	942
respect to that violation is filed or the hearing on the complaint	943
is held.	944

(3) Any person who, while under eighteen years of age,	945
commits an act that would be a felony if committed by an adult and	946
who is not taken into custody or apprehended for that act until	947
after the person attains twenty-one years of age is not a child in	948
relation to that act.	949

(4) Any person whose case is transferred for criminal	950
prosecution pursuant to section 2152.12 of the Revised Code shall	951
be deemed after the transfer not to be a child in the transferred	952
case.	953

(5) Any person whose case is transferred for criminal	954
prosecution pursuant to section 2152.12 of the Revised Code and	955
who subsequently is convicted of or pleads guilty to a felony in	956
that case, and any person who is adjudicated a delinquent child	957
for the commission of an act, who has a serious youthful offender	958
dispositional sentence imposed for the act pursuant to section	959
2152.13 of the Revised Code, and whose adult portion of the	960
dispositional sentence is invoked pursuant to section 2152.14 of	961
the Revised Code, shall be deemed after the transfer or invocation	962
not to be a child in any case in which a complaint is filed	963
against the person.	964

(6) The juvenile court has jurisdiction over a person who is	965
adjudicated a delinquent child or juvenile traffic offender prior	966
to attaining eighteen years of age until the person attains	967
twenty-one years of age, and, for purposes of that jurisdiction	968
related to that adjudication, except as otherwise provided in this	969
division, a person who is so adjudicated a delinquent child or	970
juvenile traffic offender shall be deemed a "child" until the	971
person attains twenty-one years of age. If a person is so	972
adjudicated a delinquent child or juvenile traffic offender and	973
the court makes a disposition of the person under this chapter, at	974
any time after the person attains eighteen years of age, the	975
places at which the person may be held under that disposition are	976
not limited to places authorized under this chapter solely for	977
confinement of children, and the person may be confined under that	978
disposition, in accordance with division (F)(2) of section 2152.26	979
of the Revised Code, in places other than those authorized under	980
this chapter solely for confinement of children.	981

(D) "Chronic truant" means any child of compulsory school age	982
who is absent without legitimate excuse for absence from the	983
public school the child is supposed to attend for seven or more	984
consecutive school days, ten or more school days in one school	985
month, or fifteen or more school days in a school year.	986

(E) "Community corrections facility," "public safety beds,"	987
"release authority," and "supervised release" have the same	988
meanings as in section 5139.01 of the Revised Code.	989

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

990

(1) Any child, except a juvenile traffic offender, who	991
violates any law of this state or the United States, or any	992
ordinance of a political subdivision of the state, that would be	993
an offense if committed by an adult;	994

(2) Any child who violates any lawful order of the court made	995
under this chapter or under Chapter 2151. of the Revised Code	996
other than an order issued under section 2151.87 of the Revised	997
Code;	998

(3) Any child who violates division (A) of section 2923.211	999
of the Revised Code;	1000

(4) Any child who is a habitual truant and who previously has	1001
been adjudicated an unruly child for being a habitual truant;	1002

(5) Any child who is a chronic truant.

1003

(G) "Discretionary serious youthful offender" means a person	1004
who is eligible for a discretionary SYO and who is not transferred	1005
to adult court under a mandatory or discretionary transfer.	1006

(H) "Discretionary SYO" means a case in which the juvenile	1007
court, in the juvenile court's discretion, may impose a serious	1008
youthful offender disposition under section 2152.13 of the Revised	1009
Code.	1010

(I) "Discretionary transfer" means that the juvenile court	1011
has discretion to transfer a case for criminal prosecution under	1012
division (B) of section 2152.12 of the Revised Code.	1013

(J) "Drug abuse offense," "felony drug abuse offense," and	1014
"minor drug possession offense" have the same meanings as in	1015
section 2925.01 of the Revised Code.	1016

(K) "Electronic monitoring device," "certified electronic	1017
monitoring device," "electronically monitored house arrest,"	1018
"electronic monitoring system," and "certified electronic	1019
monitoring system" have the same meanings as in section 2929.23 of	1020
the Revised Code.	1021

(L) "Economic loss" means any economic detriment suffered by	1022
a victim of a delinquent act as a result of the delinquent act and	1023
includes any loss of income due to lost time at work because of	1024
any injury caused to the victim and any property loss, medical	1025
cost, or funeral expense incurred as a result of the delinquent	1026
act.	1027

(M) "Firearm" has the same meaning as in section 2923.11 of	1028
the Revised Code.	1029

(N) "Juvenile traffic offender" means any child who violates	1030
any traffic law, traffic ordinance, or traffic regulation of this	1031
state, the United States, or any political subdivision of this	1032
state, other than a resolution, ordinance, or regulation of a	1033
political subdivision of this state the violation of which is	1034
required to be handled by a parking violations bureau or a joint	1035
parking violations bureau pursuant to Chapter 4521. of the Revised	1036
Code.	1037

(O) A "legitimate excuse for absence from the public school	1038
the child is supposed to attend" has the same meaning as in	1039
section 2151.011 of the Revised Code.	1040

(P) "Mandatory serious youthful offender" means a person who	1041
is eligible for a mandatory SYO and who is not transferred to	1042
adult court under a mandatory or discretionary transfer.	1043

(Q) "Mandatory SYO" means a case in which the juvenile court	1044
is required to impose a mandatory serious youthful offender	1045
disposition under section 2152.13 of the Revised Code.	1046

(R) "Mandatory transfer" means that a case is required to be	1047
transferred for criminal prosecution under division (A) of section	1048
2152.12 of the Revised Code.	1049

(S) "Mental illness" has the same meaning as in section	1050
5122.01 of the Revised Code.	1051

(T) "Mentally retarded person" has the same meaning as in	1052
section 5123.01 of the Revised Code.	1053

(U) "Monitored time" and "repeat violent offender" have the	1054
same meanings as in section 2929.01 of the Revised Code.	1055

(V) "Of compulsory school age" has the same meaning as in	1056
section 3321.01 of the Revised Code.	1057

(W) "Public record" has the same meaning as in section 149.43	1058
of the Revised Code.	1059

(X) "Serious youthful offender" means a person who is	1060
eligible for a mandatory SYO or discretionary SYO but who is not	1061
transferred to adult court under a mandatory or discretionary	1062
transfer.	1063

(Y) "Sexually oriented offense," "habitual sex offender,"	1064
"juvenile sex offender registrant," and "sexual predator,"	1065
"presumptive registration-exempt sexually oriented offense,"	1066
"registration-exempt sexually oriented offense," "child-victim	1067
oriented offense," "habitual child-victim offender," and	1068
"child-victim predator" have the same meanings as in section	1069
2950.01 of the Revised Code.	1070

(Z) "Traditional juvenile" means a case that is not	1071
transferred to adult court under a mandatory or discretionary	1072
transfer, that is eligible for a disposition under sections	1073
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1074
that is not eligible for a disposition under section 2152.13 of	1075
the Revised Code.	1076

(AA) "Transfer" means the transfer for criminal prosecution	1077
of a case involving the alleged commission by a child of an act	1078
that would be an offense if committed by an adult from the	1079
juvenile court to the appropriate court that has jurisdiction of	1080
the offense.	1081

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

1082

(1) A violation of section 2903.01 or 2903.02 of the Revised	1083
Code;	1084

(2) A violation of section 2923.02 of the Revised Code	1085
involving an attempt to commit aggravated murder or murder.	1086

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

1087

(1) A violation of section 2903.03, 2905.01, 2907.02,	1088
2909.02, 2911.01, or 2911.11 of the Revised Code;	1089

(2) A violation of section 2903.04 of the Revised Code that	1090
is a felony of the first degree;	1091

(3) A violation of section 2907.12 of the Revised Code as it	1092
existed prior to September 3, 1996.	1093

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1094
child, the court may make any of the following orders of	1095
disposition, in addition to any other disposition authorized or	1096
required by this chapter:	1097

(1) Any order that is authorized by section 2151.353 of the	1098
Revised Code for the care and protection of an abused, neglected,	1099
or dependent child;	1100

(2) Commit the child to the temporary custody of any school,	1101
camp, institution, or other facility operated for the care of	1102
delinquent children by the county, by a district organized under	1103
section 2152.41 or 2151.65 of the Revised Code, or by a private	1104
agency or organization, within or without the state, that is	1105
authorized and qualified to provide the care, treatment, or	1106
placement required, including, but not limited to, a school, camp,	1107
or facility operated under section 2151.65 of the Revised Code;	1108

(3) Place the child in a detention facility or district	1109
detention facility operated under section 2152.41 of the Revised	1110
Code, for up to ninety days;	1111

(4) Place the child on community control under any sanctions,	1112
services, and conditions that the court prescribes. As a condition	1113
of community control in every case and in addition to any other	1114
condition that it imposes upon the child, the court shall require	1115
the child to abide by the law during the period of community	1116
control. As referred to in this division, community control	1117
includes, but is not limited to, the following sanctions and	1118
conditions:	1119

(a) A period of basic probation supervision in which the	1120
child is required to maintain contact with a person appointed to	1121
supervise the child in accordance with sanctions imposed by the	1122
court;	1123

(b) A period of intensive probation supervision in which the	1124
child is required to maintain frequent contact with a person	1125
appointed by the court to supervise the child while the child is	1126
seeking or maintaining employment and participating in training,	1127
education, and treatment programs as the order of disposition;	1128

(c) A period of day reporting in which the child is required	1129
each day to report to and leave a center or another approved	1130
reporting location at specified times in order to participate in	1131
work, education or training, treatment, and other approved	1132
programs at the center or outside the center;	1133

(d) A period of community service of up to five hundred hours	1134
for an act that would be a felony or a misdemeanor of the first	1135
degree if committed by an adult, up to two hundred hours for an	1136
act that would be a misdemeanor of the second, third, or fourth	1137
degree if committed by an adult, or up to thirty hours for an act	1138
that would be a minor misdemeanor if committed by an adult;	1139

(e) A requirement that the child obtain a high school	1140
diploma, a certificate of high school equivalence, vocational	1141
training, or employment;	1142

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

1143

(g) A requirement of alcohol or drug assessment or	1144
counseling, or a period in an alcohol or drug treatment program	1145
with a level of security for the child as determined necessary by	1146
the court;	1147

(h) A period in which the court orders the child to observe a	1148
curfew that may involve daytime or evening hours;	1149

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

1150

(j) A period of house arrest with or without electronic	1151
monitoring;	1152

(k) A period of electronic monitoring without house arrest or	1153
electronically monitored house arrest that does not exceed the	1154
maximum sentence of imprisonment that could be imposed upon an	1155
adult who commits the same act.	1156

A period of electronically monitored house arrest imposed	1157
under this division shall not extend beyond the child's	1158
twenty-first birthday. If a court imposes a period of	1159
electronically monitored house arrest upon a child under this	1160
division, it shall require the child: to wear, otherwise have	1161
attached to the child's person, or otherwise be subject to	1162
monitoring by a certified electronic monitoring device or to	1163
participate in the operation of and monitoring by a certified	1164
electronic monitoring system; to remain in the child's home or	1165
other specified premises for the entire period of electronically	1166
monitored house arrest except when the court permits the child to	1167
leave those premises to go to school or to other specified	1168
premises; to be monitored by a central system that can determine	1169
the child's location at designated times; to report periodically	1170
to a person designated by the court; and to enter into a written	1171
contract with the court agreeing to comply with all requirements	1172
imposed by the court, agreeing to pay any fee imposed by the court	1173
for the costs of the electronically monitored house arrest, and	1174
agreeing to waive the right to receive credit for any time served	1175
on electronically monitored house arrest toward the period of any	1176
other dispositional order imposed upon the child if the child	1177
violates any of the requirements of the dispositional order of	1178
electronically monitored house arrest. The court also may impose	1179
other reasonable requirements upon the child.	1180

Unless ordered by the court, a child shall not receive credit	1181
for any time served on electronically monitored house arrest	1182
toward any other dispositional order imposed upon the child for	1183
the act for which was imposed the dispositional order of	1184
electronically monitored house arrest.	1185

(l) A suspension of the driver's license, probationary	1186
driver's license, or temporary instruction permit issued to the	1187
child or a suspension of the registration of all motor vehicles	1188
registered in the name of the child. A child whose license or	1189
permit is so suspended is ineligible for issuance of a license or	1190
permit during the period of suspension. At the end of the period	1191
of suspension, the child shall not be reissued a license or permit	1192
until the child has paid any applicable reinstatement fee and	1193
complied with all requirements governing license reinstatement.	1194

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

1195

(6) Require the child to not be absent without legitimate	1196
excuse from the public school the child is supposed to attend for	1197
five or more consecutive days, seven or more school days in one	1198
school month, or twelve or more school days in a school year;	1199

(7)(a) If a child is adjudicated a delinquent child for being	1200
a chronic truant or an habitual truant who previously has been	1201
adjudicated an unruly child for being a habitual truant, do either	1202
or both of the following:	1203

(i) Require the child to participate in a truancy prevention	1204
mediation program;	1205

(ii) Make any order of disposition as authorized by this	1206
section, except that the court shall not commit the child to a	1207
facility described in division (A)(2) or (3) of this section	1208
unless the court determines that the child violated a lawful court	1209
order made pursuant to division (C)(1)(e) of section 2151.354 of	1210
the Revised Code or division (A)(6) of this section.	1211

(b) If a child is adjudicated a delinquent child for being a	1212
chronic truant or a habitual truant who previously has been	1213
adjudicated an unruly child for being a habitual truant and the	1214
court determines that the parent, guardian, or other person having	1215
care of the child has failed to cause the child's attendance at	1216
school in violation of section 3321.38 of the Revised Code, do	1217
either or both of the following:	1218

(i) Require the parent, guardian, or other person having care	1219
of the child to participate in a truancy prevention mediation	1220
program;	1221

(ii) Require the parent, guardian, or other person having	1222
care of the child to participate in any community service program,	1223
preferably a community service program that requires the	1224
involvement of the parent, guardian, or other person having care	1225
of the child in the school attended by the child.	1226

(8) Make any further disposition that the court finds proper,	1227
except that the child shall not be placed in any of the following:	1228

(a) A state correctional institution, a county, multicounty,	1229
or municipal jail or workhouse, or another place in which an adult	1230
convicted of a crime, under arrest, or charged with a crime is	1231
held;	1232

(b) A community corrections facility, if the child would be	1233
covered by the definition of public safety beds for purposes of	1234
sections 5139.41 to 5139.45 of the Revised Code if the court	1235
exercised its authority to commit the child to the legal custody	1236
of the department of youth services for institutionalization or	1237
institutionalization in a secure facility pursuant to this	1238
chapter.	1239

(B) If a child is adjudicated a delinquent child, in addition	1240
to any order of disposition made under division (A) of this	1241
section, the court, in the following situations, shall suspend the	1242
child's temporary instruction permit, restricted license,	1243
probationary driver's license, or nonresident operating privilege,	1244
or suspend the child's ability to obtain such a permit:	1245

(1) The child is adjudicated a delinquent child for violating	1246
section 2923.122 of the Revised Code, with the suspension and	1247
denial being in accordance with division (E)(1)(a), (c), (d), or	1248
(e) of section 2923.122 of the Revised Code.	1249

(2) The child is adjudicated a delinquent child for	1250
committing an act that if committed by an adult would be a drug	1251
abuse offense or for violating division (B) of section 2917.11 of	1252
the Revised Code, with the suspension continuing until the child	1253
attends and satisfactorily completes a drug abuse or alcohol abuse	1254
education, intervention, or treatment program specified by the	1255
court. During the time the child is attending the program, the	1256
court shall retain any temporary instruction permit, probationary	1257
driver's license, or driver's license issued to the child, and the	1258
court shall return the permit or license when the child	1259
satisfactorily completes the program.	1260

(C) The court may establish a victim-offender mediation	1261
program in which victims and their offenders meet to discuss the	1262
offense and suggest possible restitution. If the court obtains the	1263
assent of the victim of the delinquent act committed by the child,	1264
the court may require the child to participate in the program.	1265

(D)(1) If a child is adjudicated a delinquent child for	1266
committing an act that would be a felony if committed by an adult	1267
and if the child caused, attempted to cause, threatened to cause,	1268
or created a risk of physical harm to the victim of the act, the	1269
court, prior to issuing an order of disposition under this	1270
section, shall order the preparation of a victim impact statement	1271
by the probation department of the county in which the victim of	1272
the act resides, by the court's own probation department, or by a	1273
victim assistance program that is operated by the state, a county,	1274
a municipal corporation, or another governmental entity. The court	1275
shall consider the victim impact statement in determining the	1276
order of disposition to issue for the child.	1277

(2) Each victim impact statement shall identify the victim of	1278
the act for which the child was adjudicated a delinquent child,	1279
itemize any economic loss suffered by the victim as a result of	1280
the act, identify any physical injury suffered by the victim as a	1281
result of the act and the seriousness and permanence of the	1282
injury, identify any change in the victim's personal welfare or	1283
familial relationships as a result of the act and any	1284
psychological impact experienced by the victim or the victim's	1285
family as a result of the act, and contain any other information	1286
related to the impact of the act upon the victim that the court	1287
requires.	1288

(3) A victim impact statement shall be kept confidential and	1289
is not a public record. However, the court may furnish copies of	1290
the statement to the department of youth services if the	1291
delinquent child is committed to the department or to both the	1292
adjudicated delinquent child or the adjudicated delinquent child's	1293
counsel and the prosecuting attorney. The copy of a victim impact	1294
statement furnished by the court to the department pursuant to	1295
this section shall be kept confidential and is not a public	1296
record. If an officer is preparing pursuant to section 2947.06 or	1297
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1298
investigation report pertaining to a person, the court shall make	1299
available to the officer, for use in preparing the report, a copy	1300
of any victim impact statement regarding that person. The copies	1301
of a victim impact statement that are made available to the	1302
adjudicated delinquent child or the adjudicated delinquent child's	1303
counsel and the prosecuting attorney pursuant to this division	1304
shall be returned to the court by the person to whom they were	1305
made available immediately following the imposition of an order of	1306
disposition for the child under this chapter.	1307

The copy of a victim impact statement that is made available	1308
pursuant to this division to an officer preparing a criminal	1309
presentence investigation report shall be returned to the court by	1310
the officer immediately following its use in preparing the report.	1311

(4) The department of youth services shall work with local	1312
probation departments and victim assistance programs to develop a	1313
standard victim impact statement.	1314

(E) If a child is adjudicated a delinquent child for being a	1315
chronic truant or an habitual truant who previously has been	1316
adjudicated an unruly child for being an habitual truant and the	1317
court determines that the parent, guardian, or other person having	1318
care of the child has failed to cause the child's attendance at	1319
school in violation of section 3321.38 of the Revised Code, in	1320
addition to any order of disposition it makes under this section,	1321
the court shall warn the parent, guardian, or other person having	1322
care of the child that any subsequent adjudication of the child as	1323
an unruly or delinquent child for being an habitual or chronic	1324
truant may result in a criminal charge against the parent,	1325
guardian, or other person having care of the child for a violation	1326
of division (C) of section 2919.21 or section 2919.24 of the	1327
Revised Code.	1328

(F)(1) During the period of a delinquent child's community	1329
control granted under this section, authorized probation officers	1330
who are engaged within the scope of their supervisory duties or	1331
responsibilities may search, with or without a warrant, the person	1332
of the delinquent child, the place of residence of the delinquent	1333
child, and a motor vehicle, another item of tangible or intangible	1334
personal property, or other real property in which the delinquent	1335
child has a right, title, or interest or for which the delinquent	1336
child has the express or implied permission of a person with a	1337
right, title, or interest to use, occupy, or possess if the	1338
probation officers have reasonable grounds to believe that the	1339
delinquent child is not abiding by the law or otherwise is not	1340
complying with the conditions of the delinquent child's community	1341
control. The court that places a delinquent child on community	1342
control under this section shall provide the delinquent child with	1343
a written notice that informs the delinquent child that authorized	1344
probation officers who are engaged within the scope of their	1345
supervisory duties or responsibilities may conduct those types of	1346
searches during the period of community control if they have	1347
reasonable grounds to believe that the delinquent child is not	1348
abiding by the law or otherwise is not complying with the	1349
conditions of the delinquent child's community control. The court	1350
also shall provide the written notice described in division (E)(2)	1351
of this section to each parent, guardian, or custodian of the	1352
delinquent child who is described in that division.	1353

(2) The court that places a child on community control under	1354
this section shall provide the child's parent, guardian, or other	1355
custodian with a written notice that informs them that authorized	1356
probation officers may conduct searches pursuant to division	1357
(E)(1) of this section. The notice shall specifically state that a	1358
permissible search might extend to a motor vehicle, another item	1359
of tangible or intangible personal property, or a place of	1360
residence or other real property in which a notified parent,	1361
guardian, or custodian has a right, title, or interest and that	1362
the parent, guardian, or custodian expressly or impliedly permits	1363
the child to use, occupy, or possess.	1364

(G) If a juvenile court commits a delinquent child to the	1365
custody of any person, organization, or entity pursuant to this	1366
section and if the delinquent act for which the child is so	1367
committed is a sexually oriented offense that is not a	1368
registration-exempt sexually oriented offense or is a child-victim	1369
oriented offense, the court in the order of disposition shall do	1370
one of the following:	1371

(1) Require that the child be provided treatment as described	1372
in division (A)(2) of section 5139.13 of the Revised Code;	1373

(2) Inform the person, organization, or entity that it is the	1374
preferred course of action in this state that the child be	1375
provided treatment as described in division (A)(2) of section	1376
5139.13 of the Revised Code and encourage the person,	1377
organization, or entity to provide that treatment.	1378

Sec. 2152.191.  If a child is adjudicated a delinquent child	1379
for committing a sexually oriented offense that is not a	1380
registration-exempt sexually oriented offense or for committing a	1381
child-victim oriented offense, if the child is fourteen years of	1382
age or older at the time of committing the offense, and if the	1383
child committed the offense on or after the effective date of this	1384
section, allJanuary 1, 2002, both of the following apply:	1385

(A) Sections 2152.82 to 2152.85 and Chapter 2950. of the	1386
Revised Code apply to the child and the adjudication.	1387

(B) In addition to any order of disposition it makes of the	1388
child under this chapter, the court may make any determination,	1389
adjudication, or order authorized under sections 2152.82 to	1390
2152.85 and Chapter 2950. of the Revised Code and shall make any	1391
determination, adjudication, or order required under those	1392
sections and that chapter.	1393

Sec. 2152.811. If a court adjudicates a child a delinquent	1394
child for committing a presumptive registration-exempt sexually	1395
oriented offense, the court may determine pursuant to section	1396
2950.021 of the Revised Code, prior to making an order of	1397
disposition for the child, that the child potentially should be	1398
subjected to classification as a juvenile offender registrant	1399
under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the	1400
Revised Code and to registration under section 2950.04 of the	1401
Revised Code and all other duties and responsibilities generally	1402
imposed under Chapter 2950. of the Revised Code upon persons who	1403
are adjudicated delinquent children for committing a sexually	1404
oriented offense other than a presumptive registration-exempt	1405
sexually oriented offense. If the court so determines, divisions	1406
(B)(1) and (3) of section 2950.021 of the Revised Code apply, and	1407
the court shall proceed as described in those divisions.	1408

Sec. 2152.82. (A) The court that adjudicates a child a	1409
delinquent child shall issue as part of the dispositional order an	1410
order that classifies the child a juvenile sex offender registrant	1411
and specifies that the child has a duty to register under section	1412
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1413
the Revised Code if all of the following apply:	1414

(1) The act for which the child is adjudicated a delinquent	1415
child is a sexually oriented offense that is not a	1416
registration-exempt sexually oriented offense or is a child-victim	1417
oriented offense that the child committed on or after January 1,	1418
2002.	1419

(2) The child was fourteen, fifteen, sixteen, or seventeen	1420
years of age at the time of committing the offense.	1421

(3) The court has determined that the child previously was	1422
convicted of, pleaded guilty to, or was adjudicated a delinquent	1423
child for committing any sexually oriented offense or child-victim	1424
oriented offense, regardless of when the prior offense was	1425
committed and regardless of the child's age at the time of	1426
committing the offense.	1427

(B) An order required under division (A) of this section	1428
shall be issued at the time the judge makes the orders of	1429
disposition for the delinquent child. Prior to issuing the order	1430
required by division (A) of this section, the judge shall conduct	1431
the hearing and make the determinations required by division (B)	1432
of section 2950.09 of the Revised Code regarding a sexually	1433
oriented offense that is not a registration-exempt sexually	1434
oriented offense or division (B) of section 2950.091 of the	1435
Revised Code regarding a child-victim oriented offense to	1436
determine if the child is to be classified a sexual predator or a	1437
child-victim predator, shall make the determinations required by	1438
division (E) of that section 2950.09 of the Revised Code regarding	1439
a sexually oriented offense that is not a registration-exempt	1440
sexually oriented offense or division (E) of section 2950.091 of	1441
the Revised Code regarding a child-victim oriented offense to	1442
determine if the child is to be classified a habitual sex offender	1443
or a habitual child-victim offender, and shall otherwise comply	1444
with those divisions. When a judge issues an order under division	1445
(A) of this section, all of the following apply:	1446

(1) The judge shall include in the order any determination	1447
that the delinquent child is, or is not, a sexual predator or	1448
child-victim predator or is, or is not, a habitual sex offender or	1449
habitual child-victim offender that the judge makes pursuant to	1450
division (B) or (E) of section 2950.09 or 2950.091 of the Revised	1451
Code and any related information required or authorized under the	1452
division under which the determination is made, including, but not	1453
limited to, any requirement imposed by the court subjecting a	1454
child who is a habitual sex offender or habitual child-victim	1455
offender to community notification provisions as described in	1456
division (E) of that section 2950.09 or 2950.091 of the Revised	1457
Code.	1458

(2) The judge shall include in the order a statement that,	1459
upon completion of the disposition of the delinquent child that	1460
was made for the sexually oriented offense or child-victim	1461
oriented offense upon which the order is based, a hearing will be	1462
conducted, and the order and any determinations included in the	1463
order are subject to modification or termination pursuant to	1464
sections 2152.84 and 2152.85 of the Revised Code.	1465

(3) The judge shall provide a copy of the order to the	1466
delinquent child and to the delinquent child's parent, guardian,	1467
or custodian, as part of the notice providedrequired under	1468
divisions (A) and (B) of section 2950.03 of the Revised Code and	1469
shall provide as part of that notice a copy of the order.	1470

(4) The judge shall include the order in the delinquent	1471
child's dispositional order and shall specify in the dispositional	1472
order that the order issued under division (A) of this section was	1473
made pursuant to this section.	1474

(C) An order issued under division (A) of this section and	1475
any determinations included in the order shall remain in effect	1476
for the period of time specified in section 2950.07 of the Revised	1477
Code, subject to a modification or termination of the order under	1478
section 2152.84 or 2152.85 of the Revised Code, and section	1479
2152.851 of the Revised Code applies regarding the order and the	1480
determinations. If an order is issued under division (A) of this	1481
section, the child's attainment of eighteen or twenty-one years of	1482
age does not affect or terminate the order, and the order remains	1483
in effect for the period of time described in this division.	1484

(D) A court that adjudicates a child a delinquent child for a	1485
sexually oriented offense that is a registration-exempt sexually	1486
oriented offense shall not issue based on that adjudication an	1487
order under this section that classifies the child a juvenile	1488
offender registrant and specifies that the child has a duty to	1489
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1490
the Revised Code.	1491

Sec. 2152.83. (A)(1) The court that adjudicates a child a	1492
delinquent child shall issue as part of the dispositional order	1493
or, if the court commits the child for the delinquent act to the	1494
custody of a secure facility, shall issue at the time of the	1495
child's release from the secure facility, an order that classifies	1496
the child a juvenile sex offender registrant and specifies that	1497
the child has a duty to register under sectioncomply with	1498
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1499
Code if all of the following apply:	1500

(a) The act for which the child is or was adjudicated a	1501
delinquent child is a sexually oriented offense that is not a	1502
registration-exempt sexually oriented offense or is a child-victim	1503
oriented offense that the child committed on or after January 1,	1504
2002.	1505

(b) The child was sixteen or seventeen years of age at the	1506
time of committing the offense.	1507

(c) The court was not required to classify the child a	1508
juvenile sex offender registrant under section 2152.82 of the	1509
Revised Code.	1510

(2) Prior to issuing the order required by division (A)(2) of	1511
this section, the judge shall conduct the hearing and make the	1512
determinations required by division (B) of section 2950.09 of the	1513
Revised Code regarding a sexually oriented offense that is not a	1514
registration-exempt sexually oriented offense or division (B) of	1515
section 2950.091 of the Revised Code regarding a child-victim	1516
oriented offense to determine if the child is to be classified as	1517
a sexual predator or a child-victim predator, shall make the	1518
determinations required by division (E) of that section 2950.09 of	1519
the Revised Code regarding a sexually oriented offense that is not	1520
a registration-exempt sexually oriented offense or division (E) of	1521
section 2950.091 of the Revised Code regarding a child-victim	1522
oriented offense to determine if the child is to be classified as	1523
a habitual sex offender or a habitual child-victim offender, and	1524
shall otherwise comply with those divisions. When a judge issues	1525
an order under division (A)(1) of this section, the judge shall	1526
include in the order all of the determinations and information	1527
identified in division (B)(1) of section 2152.82 of the Revised	1528
Code that are relevant.	1529

(B)(1) The court that adjudicates a child a delinquent child,	1530
on the judge's own motion, may conduct at the time of disposition	1531
of the child or, if the court commits the child for the delinquent	1532
act to the custody of a secure facility, may conduct at the time	1533
of the child's release from the secure facility, a hearing for the	1534
purposes described in division (B)(2) of this section if all of	1535
the following apply:	1536

(a) The act for which the child is adjudicated a delinquent	1537
child is a sexually oriented offense that is not a	1538
registration-exempt sexually oriented offense or is a child-victim	1539
oriented offense that the child committed on or after January 1,	1540
2002.	1541

(b) The child was fourteen or fifteen years of age at the	1542
time of committing the offense.	1543

(c) The court was not required to classify the child a	1544
juvenile sex offender registrant under section 2152.82 of the	1545
Revised Code.	1546

(2) A judge shall conduct a hearing under division (B)(1) of	1547
this section to review the effectiveness of the disposition made	1548
of the child and of any treatment provided for the child placed in	1549
a secure setting and to determine whether the child should be	1550
classified a juvenile sex offender registrant. The judge may	1551
conduct the hearing on the judge's own initiative or based upon a	1552
recommendation of an officer or employee of the department of	1553
youth services, a probation officer, an employee of the court, or	1554
a prosecutor or law enforcement officer. If the judge conducts the	1555
hearing, upon completion of the hearing, the judge, in the judge's	1556
discretion and after consideration of the factors listed in	1557
division (E) of this section, shall do either of the following:	1558

(a) Decline to issue an order that classifies the child a	1559
juvenile sex offender registrant and specifies that the child has	1560
a duty to register under sectioncomply with sections 2950.04,	1561
2950.041, 2950.05, and 2950.06 of the Revised Code;	1562

(b) Issue an order that classifies the child a juvenile sex	1563
offender registrant and specifies that the child has a duty to	1564
register under sectioncomply with sections 2950.04, 2950.041,	1565
2950.05, and 2950.06 of the Revised Code and, if the judge	1566
determinesconducts a hearing as described in division (C) of this	1567
section thatto determine whether the child is a sexual predator	1568
or child-victim predator or a habitual sex offender or habitual	1569
child-victim offender, include in the order a statement that the	1570
judge has determined that the child is, or is not, a sexual	1571
predator or a, child-victim predator, habitual sex offender, or	1572
habitual child-victim offender, whichever is applicable.	1573

(C) A judge may issue an order under division (B) of this	1574
section that contains a determination that a delinquent child is a	1575
sexual predator or child-victim predator only if the judge, in	1576
accordance with the procedures specified in division (B) of	1577
section 2950.09 of the Revised Code regarding sexual predators or	1578
division (B) of section 2950.091 of the Revised Code regarding	1579
child-victim predators, determines at the hearing by clear and	1580
convincing evidence that the child is a sexual predator or a	1581
child-victim predator. A judge may issue an order under division	1582
(B) of this section that contains a determination that a	1583
delinquent child is a habitual sex offender or a habitual	1584
child-victim offender only if the judge at the hearing determines	1585
as described in division (E) of section 2950.09 of the Revised	1586
Code regarding habitual sex offenders or division (E) of section	1587
2950.091 of the Revised Code regarding habitual child-victim	1588
offenders that the child is a habitual sex offender or a habitual	1589
child-victim offender. If the judge issues an order under division	1590
(B) of this section that contains a determination that a	1591
delinquent child is a habitual sex offender or a habitual	1592
child-victim offender, the judge may impose a requirement	1593
subjecting the child to community notification provisions as	1594
described in division (E) of section 2950.09 or 2950.091 of the	1595
Revised Code, whichever is applicable. If the court conducts a	1596
hearing as described in this division to determine whether the	1597
child is a sexual predator or child-victim predator or a habitual	1598
sex offender or habitual child-victim offender, the judge shall	1599
comply with division (B) or (E) of section 2950.09 or 2950.091 of	1600
the Revised Code, whichever is applicable, in all regards.	1601

(D) If a judge issues an order under division (A) or (B) of	1602
this section, the judge shall provide to the delinquent child and	1603
to the delinquent child's parent, guardian, or custodian a copy of	1604
the order and a notice containing the information described in	1605
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1606
judge shall provide the notice at the time of the issuance of the	1607
order, shall provide the notice as described in division (B)(1)(c)	1608
of that section, and shall comply with divisions (B)(1), (B)(2),	1609
and (C) of that section regarding that notice and the provision of	1610
it.	1611

The judge also shall include in the order a statement that,	1612
upon completion of the disposition of the delinquent child that	1613
was made for the sexually oriented offense or child-victim	1614
oriented offense upon which the order is based, a hearing will be	1615
conducted and the order is subject to modification or termination	1616
pursuant to section 2152.84 of the Revised Code.	1617

(E) In making a decision under division (B) of this section	1618
as to whether a delinquent child should be classified a juvenile	1619
sex offender registrant and, if so, whether the child also is a	1620
sexual predator or child-victim predator or a habitual sex	1621
offender or habitual child-victim offender, a judge shall consider	1622
all relevant factors, including, but not limited to, all of the	1623
following:	1624

(1) The nature of the sexually oriented offense that is not a	1625
registration-exempt sexually oriented offense or the child-victim	1626
oriented offense committed by the child;	1627

(2) Whether the child has shown any genuine remorse or	1628
compunction for the offense;	1629

(3) The public interest and safety;

1630

(4) The factors set forth in division (B)(3) of section	1631
2950.09 or 2950.091 of the Revised Code, whichever is applicable;	1632

(5) The factors set forth in divisions (B) and (C) of section	1633
2929.12 of the Revised Code as those factors apply regarding the	1634
delinquent child, the offense, and the victim;	1635

(6) The results of any treatment provided to the child and of	1636
any follow-up professional assessment of the child.	1637

(F) An order issued under division (A) or (B) of this section	1638
and any determinations included in the order shall remain in	1639
effect for the period of time specified in section 2950.07 of the	1640
Revised Code, subject to a modification or termination of the	1641
order under section 2152.84 of the Revised Code, and section	1642
2152.851 of the Revised Code applies regarding the order and the	1643
determinations. The child's attainment of eighteen or twenty-one	1644
years of age does not affect or terminate the order, and the order	1645
remains in effect for the period of time described in this	1646
division.	1647

(G) A court that adjudicates a child a delinquent child for a	1648
sexually oriented offense that is a registration-exempt sexually	1649
oriented offense shall not issue based on that adjudication an	1650
order under this section that classifies the child a juvenile	1651
offender registrant and specifies that the child has a duty to	1652
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1653
the Revised Code.	1654

(H) As used in the section, "secure facility" has the same	1655
meaning as in section 2950.01 of the Revised Code.	1656

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	1657
order under section 2152.82 or division (A) or (B) of section	1658
2152.83 of the Revised Code that classifies a delinquent child a	1659
juvenile sex offender registrant and specifies that the child has	1660
a duty to register under sectioncomply with sections 2950.04,	1661
2950.041, 2950.05, and 2950.06 of the Revised Code, upon	1662
completion of the disposition of that child made for the sexually	1663
oriented offense that is not a registration-exempt sexually	1664
oriented offense or the child-victim oriented offense on which the	1665
juvenile sex offender registrant order was based, the judge or the	1666
judge's successor in office shall conduct a hearing to review the	1667
effectiveness of the disposition and of any treatment provided for	1668
the child, to determine the risks that the child might re-offend,	1669
and to determine whether the prior classification of the child as	1670
a juvenile sex offender registrant and, if applicable, as a sexual	1671
predator or child-victim predator or as a habitual sex offender or	1672
habitual child-victim offender should be continued, modified, or	1673
terminated as provided under division (A)(2) of this section.	1674

(2) Upon completion of a hearing under division (A)(1) of	1675
this section, the judge, in the judge's discretion and after	1676
consideration of the factors listed in division (E) of section	1677
2152.83 of the Revised Code, shall do one of the following, as	1678
applicable:	1679

(a) Enter an order that continues the classification of the	1680
delinquent child made in the prior order issued under section	1681
2152.82 or division (A) or (B) of section 2152.83 of the Revised	1682
Code, and any sexual predator or, child-victim predator, habitual	1683
sex offender, or habitual child-victim offender determination	1684
included in the order;	1685

(b) If the prior order was issued under section 2152.82 or	1686
division (A) of section 2152.83 of the Revised Code and includes a	1687
determination by the judge that the delinquent child is a sexual	1688
predator or child-victim predator, enter, as applicable, an order	1689
that contains a determination that the delinquent child no longer	1690
is a sexual predator, the reason or reasons for that	1691
determination, and that also contains either a determination that	1692
the delinquent child is a habitual sex offender or a determination	1693
that the delinquent child remains a juvenile sex offender	1694
registrant but is not a sexual predator or habitual sex offender,	1695
or an order that contains a determination that the child no longer	1696
is a child-victim predator, the reason or reasons for that	1697
determination, and either a determination that the child is a	1698
habitual child-victim offender or a determination that the child	1699
remains a juvenile offender registrant but is not a child-victim	1700
predator or habitual child-victim offender;	1701

(c) If the prior order was issued under section 2152.82 or	1702
division (A) of section 2152.83 of the Revised Code and does not	1703
include a sexual predator or child-victim predator determination	1704
as described in division (A)(2)(b) of this section but includes a	1705
determination by the judge that the delinquent child is a habitual	1706
sex offender or a habitual child-victim offender, enter, as	1707
applicable, an order that contains a determination that the	1708
delinquent child no longer is a habitual sex offender and that	1709
also contains a determination that the delinquent child remains a	1710
juvenile sex offender registrant but is not a habitual sex	1711
offender, or an order that contains a determination that the child	1712
no longer is a habitual child-victim offender and a determination	1713
that the child remains a juvenile offender registrant but is not a	1714
habitual child-victim offender;	1715

(d) If the prior order was issued under division (B) of	1716
section 2152.83 of the Revised Code and includes a determination	1717
by the judge that the delinquent child is a sexual predator or	1718
child-victim predator, enter, as applicable, an order that	1719
contains a determination that the delinquent child no longer is a	1720
sexual predator, the reason or reasons for that determination, and	1721
that also containseither a determination that the delinquent	1722
child is a habitual sex offender, a determination that the	1723
delinquent child remains a juvenile sex offender registrant but is	1724
not a sexual predator or habitual sex offender, or a determination	1725
that specifies that the delinquent child no longer is a juvenile	1726
sex offender registrant and no longer has a duty to register under	1727
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	1728
Revised Code, or an order that contains a determination that the	1729
child no longer is a child-victim predator, the reason or reasons	1730
for that determination, and either a determination that the child	1731
is a habitual child-victim offender, a determination that the	1732
child remains a juvenile offender registrant but is not a	1733
child-victim predator or habitual child-victim offender, or a	1734
determination that the child no longer is a juvenile offender	1735
registrant and no longer has a duty to comply with sections	1736
2950.041, 2950.05, and 2950.06 of the Revised Code;	1737

(e) If the prior order was issued under division (B) of	1738
section 2152.83 of the Revised Code and does not include a sexual	1739
predator or child-victim predator determination as described in	1740
division (A)(2)(d) of this section but includes a determination by	1741
the judge that the delinquent child is a habitual sex offender or	1742
habitual child-victim offender, enter, as applicable, an order	1743
that contains a determination that the child no longer is a	1744
habitual sex offender and that also contains either a	1745
determination that the child remains a juvenile sex offender	1746
registrant but is not a sexual predator or habitual sex offender	1747
or a determination that specifies that the child no longer is a	1748
juvenile sex offender registrant and no longer has a duty to	1749
register under sectioncomply with sections 2950.04, 2950.05, and	1750
2950.06 of the Revised Code, or an order that contains a	1751
determination that the child no longer is a habitual child-victim	1752
offender and either a determination that the child remains a	1753
juvenile offender registrant but is not a child-victim predator or	1754
habitual child-victim offender or a determination that the child	1755
no longer is a juvenile offender registrant and no longer has a	1756
duty to comply with sections 2950.041, 2950.05, and 2950.06 of the	1757
Revised Code;	1758

(f) If the prior order was issued under division (B) of	1759
section 2152.83 of the Revised Code and does not include a sexual	1760
predator or child-victim predator determination or a habitual sex	1761
offender or habitual child-victim offender determination as	1762
described in divisions (A)(2)(d) and (e) of this section, enter,	1763
as applicable, an order that contains a determination that the	1764
delinquent child no longer is a juvenile sex offender registrant	1765
and no longer has a duty to register under sectioncomply with	1766
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an	1767
order that contains a determination that the delinquent child no	1768
longer is a juvenile offender registrant and no longer has a duty	1769
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1770
Revised Code.	1771

(B) If a judge issues an order under division (A)(2)(a) of	1772
this section that continues the prior classification of the	1773
delinquent child as a juvenile sex offender registrant and any	1774
sexual predator or habitual sex offender determination included in	1775
the order, or that continues the prior classification of the	1776
delinquent child as a juvenile offender registrant and any	1777
child-victim predator or habitual child-victim offender	1778
determination included in the order, the prior classification and	1779
the prior determination, if applicable, shall remain in effect.	1780

A judge may issue an order under division (A)(2) of this	1781
section that contains a determination that a child no longer is a	1782
sexual predator or no longer is a child-victim predator only if	1783
the judge, in accordance with the procedures specified in division	1784
(D)(1) of section 2950.09 of the Revised Code regarding a sexual	1785
predator, determines at the hearing by clear and convincing	1786
evidence that the delinquent child is unlikely to commit a	1787
sexually oriented offense in the future, or the judge, in	1788
accordance with the procedures specified in division (D)(1) of	1789
section 2950.091 of the Revised Code regarding a child-victim	1790
predator, determines at the hearing by clear and convincing	1791
evidence that the delinquent child is unlikely to commit a	1792
child-victim oriented offense in the future. If the judge issues	1793
an order of that type, the judge shall provide the notifications	1794
described in division (D)(1) of section 2950.09 or 2950.091 of the	1795
Revised Code, whichever is applicable, and the recipient of the	1796
notification shall comply with the provisions of that division.	1797

If a judge issues an order under division (A)(2) of this	1798
section that otherwise reclassifies the delinquent child, the	1799
judge shall provide a copy of the order to the bureau of criminal	1800
identification and investigation, and the bureau, upon receipt of	1801
the copy of the order, promptly shall notify the sheriff with whom	1802
the child most recently registered under section 2950.04 or	1803
2950.041 of the Revised Code of the reclassification.	1804

(C) If a judge issues an order under any provision of	1805
division (A)(2) of this section, the judge shall provide to the	1806
delinquent child and to the delinquent child's parent, guardian,	1807
or custodian a copy of the order and a notice containing the	1808
information described in divisions (A) and (B) of section 2950.03	1809
of the Revised Code. The judge shall provide the notice at the	1810
time of the issuance of the order, shall provide the notice as	1811
described in division (B)(1)(c) of that section, and shall comply	1812
with divisions (B)(1), (B)(2), and (C) of that section regarding	1813
that notice and the provision of it.	1814

(D) In making a decision under division (A) of this section,	1815
a judge shall consider all relevant factors, including, but not	1816
limited to, the factors listed in division (E) of section 2152.83	1817
of the Revised Code.	1818

(E) An order issued under division (A)(2) of this section and	1819
any determinations included in the order shall remain in effect	1820
for the period of time specified in section 2950.07 of the Revised	1821
Code, subject to a modification or termination of the order under	1822
section 2152.85 of the Revised Code, and section 2152.851 of the	1823
Revised Code applies regarding the order and the determinations.	1824
If an order is issued under division (A)(2) of this section, the	1825
child's attainment of eighteen or twenty-one years of age does not	1826
affect or terminate the order, and the order remains in effect for	1827
the period of time described in this division.	1828

Sec. 2152.85. (A) Upon the expiration of the applicable	1829
period of time specified in division (B)(1) or (2) of this	1830
section, a delinquent child who has been classified pursuant to	1831
this section or section 2152.82 or 2152.83 of the Revised Code a	1832
juvenile sex offender registrant may petition the judge who made	1833
the classification, or that judge's successor in office, to do one	1834
of the following:	1835

(1) If the order containing the juvenile sex offender	1836
registrant classification also includes a determination by the	1837
juvenile court judge that the delinquent child is a sexual	1838
predator relative to the sexually oriented offenseor child-victim	1839
predator in the manner described in section 2152.82 or 2152.83 of	1840
the Revised Code and that determination remains in effect, to	1841
enter, as applicable, an order that contains a determination that	1842
the child no longer is a sexual predator, the reason or reasons	1843
for that determination, and that also contains either a	1844
determination that the child is a habitual sex offender or a	1845
determination that the child remains a juvenile sex offender	1846
registrant but is not a sexual predator or habitual sex offender,	1847
or an order that contains a determination that the child no longer	1848
is a child-victim predator, the reason or reasons for that	1849
determination, and either a determination that the child is a	1850
habitual child-victim offender or a determination that the child	1851
remains a juvenile offender registrant but is not a child-victim	1852
predator or habitual child-victim offender;	1853

(2) If the order containing the juvenile sex offender	1854
registrant classification under section 2152.82 or 2152.83 of the	1855
Revised Code or under division (C)(2) of this section pursuant to	1856
a petition filed under division (A) of this section does not	1857
include a sexual predator or child-victim predator determination	1858
as described in division (A)(1) of this section but includes a	1859
determination by the juvenile court judge that the delinquent	1860
child is a habitual sex offender relative to the sexually oriented	1861
offenseor a habitual child-victim offender in the manner	1862
described in section 2152.82 or 2152.83 of the Revised Code, or in	1863
this section, and that determination remains in effect, to enter,	1864
as applicable, an order that contains a determination that the	1865
child no longer is a habitual sex offender and that also contains	1866
either a determination that the child remains a juvenile sex	1867
offender registrant or a determination that the child no longer is	1868
a juvenile sex offender registrant and no longer has a duty to	1869
register under sectioncomply with sections 2950.04, 2950.05, and	1870
2950.06 of the Revised Code, or an order that contains a	1871
determination that the child no longer is a habitual child-victim	1872
offender and either a determination that the child remains a	1873
juvenile offender registrant or 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

(3) If the order containing the juvenile sex offender	1878
registrant classification under section 2152.82 or 2152.83 of the	1879
Revised Code or under division (C)(2) of this section pursuant to	1880
a petition filed under division (A) of this section does not	1881
include a sexual predator or child-victim predator determination	1882
or a habitual sex offender or habitual child-victim offender	1883
determination as described in division (A)(1) or (2) of this	1884
section, to enter, as applicable, an order that contains a	1885
determination that the child no longer is a juvenile sex offender	1886
registrant and no longer has a duty to register under section	1887
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1888
Code, or an order that contains a determination that the child no	1889
longer is a juvenile offender registrant and no longer has a duty	1890
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1891
Revised Code.	1892

(B) A delinquent child who has been adjudicated a delinquent	1893
child for committing on or after the effective date of this	1894
sectionJanuary 1, 2002, a sexually oriented offense that is not a	1895
registration-exempt sexually oriented offense and who has been	1896
classified a juvenile sex offender registrant relative to that	1897
sexually oriented offense or who has been adjudicated a delinquent	1898
child for committing on or after that date a child-victim oriented	1899
offense and who has been classified a juvenile offender registrant	1900
relative to that offense may file a petition under division (A) of	1901
this section requesting reclassification or declassification as	1902
described in that division after the expiration of one of the	1903
following periods of time:	1904

(1) The delinquent child initially may file a petition not	1905
earlier than three years after the entry of the juvenile court	1906
judge's order after the mandatory hearing conducted under section	1907
2152.84 of the Revised Code.	1908

(2) After the delinquent child's initial filing of a petition	1909
under division (B)(1) of this section, the child may file a second	1910
petition not earlier than three years after the judge has entered	1911
an order deciding the petition under division (B)(1) of this	1912
section.	1913

(3) After the delinquent child's filing of a petition under	1914
division (B)(2) of this section, thereafter, the delinquent child	1915
may file a petition under this division upon the expiration of	1916
five years after the judge has entered an order deciding the	1917
petition under division (B)(2) of this section or the most recent	1918
petition the delinquent child has filed under this division.	1919

(C) Upon the filing of a petition under divisions (A) and (B)	1920
of this section, the judge may review the prior classification or	1921
determination in question and, upon consideration of all relevant	1922
factors and information, including, but not limited to the factors	1923
listed in division (E) of section 2152.83 of the Revised Code, the	1924
judge, in the judge's discretion, shall do one of the following:	1925

(1) Enter an order denying the petition;

1926

(2) Issue an order that reclassifies or declassifies the	1927
delinquent child, in the requested manner specified in division	1928
(A)(1), (2), or (3) of this section.	1929

(D) If a judge issues an order under division (C) of this	1930
section that denies a petition, the prior classification of the	1931
delinquent child as a juvenile sex offender registrant, and the	1932
prior determination that the child is a sexual predator or,	1933
child-victim predator, habitual sex offender, or habitual	1934
child-victim offender, if applicable, shall remain in effect.	1935

A judge may issue an order under division (C) of this section	1936
that contains a determination that a child no longer is a sexual	1937
predator or no longer is a child-victim predator only if the judge	1938
conducts a hearing and, in accordance with the procedures	1939
specified in division (D)(1) of section 2950.09 of the Revised	1940
Code regarding a sexual predator, determines at the hearing by	1941
clear and convincing evidence that the delinquent child is	1942
unlikely to commit a sexually oriented offense in the future, or,	1943
in accordance with the procedures specified in division (D)(1) of	1944
section 2950.091 of the Revised Code regarding a child-victim	1945
predator, determines at the hearing by clear and convincing	1946
evidence that the delinquent child is unlikely to commit a	1947
child-victim oriented offense in the future. If the judge issues	1948
an order of that type, the judge shall provide the notifications	1949
described in division (D)(1) of section 2950.09 or 2950.091 of the	1950
Revised Code, whichever is applicable, and the recipient of the	1951
notification shall comply with the provisions of that division.	1952

A judge may issue an order under division (C) of this section	1953
that contains a determination that a delinquent child is a	1954
habitual sex offender or a habitual child-victim offender only if	1955
the judge conducts a hearing and determines at the hearing as	1956
described in division (E) of section 2950.09 of the Revised Code	1957
regarding habitual sex offenders or division (E) of section	1958
2950.091 of the Revised Code regarding habitual child-victim	1959
offenders that the child is a habitual sex offender or a habitual	1960
child-victim offender. If the judge issues an order that contains	1961
a determination that a delinquent child is a habitual sex offender	1962
or a habitual child-victim offender, the judge may impose a	1963
requirement subjecting the child to community notification	1964
provisions as described in that division.	1965

(E) If a judge issues an order under division (C) of this	1966
section, the judge shall provide to the delinquent child and to	1967
the delinquent child's parent, guardian, or custodian a copy of	1968
the order and a notice containing the information described in	1969
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1970
judge shall provide the notice at the time of the issuance of the	1971
order, shall provide the notice as described in division (B)(1)(c)	1972
of section 2950.03 of the Revised Code, and shall comply with	1973
divisions (B)(1), (B)(2), and (C) of that section regarding that	1974
notice and the provision of it.	1975

(F) An order issued under division (C) of this section shall	1976
remain in effect for the period of time specified in section	1977
2950.07 of the Revised Code, subject to a further modification or	1978
a termination of the order under this section, and section	1979
2152.851 of the Revised Code applies regarding the order and the	1980
determinations. If an order is issued under division (C) of this	1981
section, the child's attainment of eighteen or twenty-one years of	1982
age does not affect or terminate the order, and the order remains	1983
in effect for the period of time described in this division.	1984

Sec. 2152.851.  (A) If, prior to the effective date of this	1985
section, a judge issues an order under section 2152.82, 2152.83,	1986
2152.84, or 2152.85 of the Revised Code that classifies a	1987
delinquent child a juvenile offender registrant and if, on and	1988
after the effective date of this section, the sexually oriented	1989
offense upon which the order was based no longer is considered a	1990
sexually oriented offense but instead is a child-victim oriented	1991
offense, notwithstanding the redesignation of the offense, the	1992
order shall remain in effect for the period described in the	1993
section under which it was issued, the order shall be considered	1994
for all purposes to be an order that classifies the child a	1995
juvenile offender registrant, division (A)(2)(b) of section	1996
2950.041 of the Revised Code applies regarding the child, and the	1997
duty to register imposed pursuant to that division shall be	1998
considered, for purposes of section 2950.07 of the Revised Code	1999
and for all other purposes, to be a continuation of the duty	2000
imposed upon the child prior to the effective date of this section	2001
under the order issued under section 2152.82, 2152.83, 2152.84, or	2002
2152.85 and Chapter 2950. of the Revised Code.	2003

(B) If an order of the type described in division (A) of this	2004
section included a classification or determination that the	2005
delinquent child was a sexual predator or habitual sex offender,	2006
notwithstanding the redesignation of the offense upon which the	2007
determination was based, all of the following apply:	2008

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section	2009
2950.091 of the Revised Code apply regarding the child and the	2010
judge's order made prior to the effective date of this section	2011
shall be considered for all purposes to be an order that	2012
classifies the child as described in those divisions;	2013

(2) The child's classification or determination under	2014
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of	2015
the Revised Code shall be considered, for purposes of section	2016
2950.07 of the Revised Code and for all other purposes, to be a	2017
continuation of classification or determination made prior to the	2018
effective date of this section;	2019

(3) The child's duties under Chapter 2950. of the Revised	2020
Code relative to that classification or determination shall be	2021
considered for all purposes to be a continuation of the duties	2022
related to that classification or determination as they existed	2023
prior to the effective date of this section.	2024

Sec. 2743.191.  (A)(1) There is hereby created in the state	2025
treasury the reparations fund, which shall be used only for the	2026
following purposes:	2027

(a) The payment of awards of reparations that are granted by	2028
the attorney general;	2029

(b) The compensation of any personnel needed by the attorney	2030
general to administer sections 2743.51 to 2743.72 of the Revised	2031
Code;	2032

(c) The compensation of witnesses as provided in division (B)	2033
of section 2743.65 of the Revised Code;	2034

(d) Other administrative costs of hearing and determining	2035
claims for an award of reparations by the attorney general;	2036

(e) The costs of administering sections 2907.28 and 2969.01	2037
to 2969.06 of the Revised Code;	2038

(f) The costs of investigation and decision-making as	2039
certified by the attorney general;	2040

(g) The provision of state financial assistance to victim	2041
assistance programs in accordance with sections 109.91 and 109.92	2042
of the Revised Code;	2043

(h) The costs of paying the expenses of sex offense-related	2044
examinations and antibiotics pursuant to section 2907.28 of the	2045
Revised Code;	2046

(i) The cost of printing and distributing the pamphlet	2047
prepared by the attorney general pursuant to section 109.42 of the	2048
Revised Code;	2049

(j) Subject to division (D) of section 2743.71 of the Revised	2050
Code, the costs associated with the printing and providing of	2051
information cards or other printed materials to law enforcement	2052
agencies and prosecuting authorities and with publicizing the	2053
availability of awards of reparations pursuant to section 2743.71	2054
of the Revised Code;	2055

(k) The payment of costs of administering a DNA specimen	2056
collection procedure pursuant to section 2152.74 of the Revised	2057
Code in relation to any act identified in division (E)(1) to (5)	2058
of that section and pursuant to section 2901.07 of the Revised	2059
Code in relation to any act identified in division (E)(1) to (5)	2060
of that section, of performing DNA analysis of those DNA	2061
specimens, and of entering the resulting DNA records regarding	2062
those analyses into the DNA database pursuant to section 109.573	2063
of the Revised Code;	2064

(l) The payment of actual costs associated with initiatives	2065
by the attorney general for the apprehension, prosecution, and	2066
accountability of offenders, and the enhancing of services to	2067
crime victims. The amount of payments made pursuant to division	2068
(A)(1)(l) of this section during any given fiscal year shall not	2069
exceed five per cent of the balance of the reparations fund at the	2070
close of the immediately previous fiscal year.	2071

(2) All costs paid pursuant to section 2743.70 of the Revised	2072
Code, the portions of license reinstatement fees mandated by	2073
division (L)(2)(b) of section 4511.191 of the Revised Code to be	2074
credited to the fund, the portions of the proceeds of the sale of	2075
a forfeited vehicle specified in division (D)(2) of section	2076
4503.234 of the Revised Code, payments collected by the department	2077
of rehabilitation and correction from prisoners who voluntarily	2078
participate in an approved work and training program pursuant to	2079
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	2080
all moneys collected by the state pursuant to its right of	2081
subrogation provided in section 2743.72 of the Revised Code shall	2082
be deposited in the fund.	2083

(B) In making an award of reparations, the attorney general	2084
shall render the award against the state. The award shall be	2085
accomplished only through the following procedure, and the	2086
following procedure may be enforced by writ of mandamus directed	2087
to the appropriate official:	2088

(1) The attorney general shall provide for payment of the	2089
claimant or providers in the amount of the award.	2090

(2) The expense shall be charged against all available	2091
unencumbered moneys in the fund.	2092

(3) If sufficient unencumbered moneys do not exist in the	2093
fund, the attorney general shall make application for payment of	2094
the award out of the emergency purposes account or any other	2095
appropriation for emergencies or contingencies, and payment out of	2096
this account or other appropriation shall be authorized if there	2097
are sufficient moneys greater than the sum total of then pending	2098
emergency purposes account requests or requests for releases from	2099
the other appropriations.	2100

(4) If sufficient moneys do not exist in the account or any	2101
other appropriation for emergencies or contingencies to pay the	2102
award, the attorney general shall request the general assembly to	2103
make an appropriation sufficient to pay the award, and no payment	2104
shall be made until the appropriation has been made. The attorney	2105
general shall make this appropriation request during the current	2106
biennium and during each succeeding biennium until a sufficient	2107
appropriation is made. If, prior to the time that an appropriation	2108
is made by the general assembly pursuant to this division, the	2109
fund has sufficient unencumbered funds to pay the award or part of	2110
the award, the available funds shall be used to pay the award or	2111
part of the award, and the appropriation request shall be amended	2112
to request only sufficient funds to pay that part of the award	2113
that is unpaid.	2114

(C) The attorney general shall not make payment on a decision	2115
or order granting an award until all appeals have been determined	2116
and all rights to appeal exhausted, except as otherwise provided	2117
in this section. If any party to a claim for an award of	2118
reparations appeals from only a portion of an award, and a	2119
remaining portion provides for the payment of money by the state,	2120
that part of the award calling for the payment of money by the	2121
state and not a subject of the appeal shall be processed for	2122
payment as described in this section.	2123

(D) The attorney general shall prepare itemized bills for the	2124
costs of printing and distributing the pamphlet the attorney	2125
general prepares pursuant to section 109.42 of the Revised Code.	2126
The itemized bills shall set forth the name and address of the	2127
persons owed the amounts set forth in them.	2128

(E) As used in this section, "DNA analysis" and "DNA	2129
specimen" have the same meanings as in section 109.573 of the	2130
Revised Code.	2131

Sec. 2743.69. (A) The attorney general shall prepare and	2132
transmit annually to the governor, the president of the senate,	2133
the speaker of the house of representatives, and the minority	2134
leaders of both houses a report of the activities of the Ohio	2135
crime victims compensation program under sections 2743.51 to	2136
2743.72 of the Revised Code. The report shall include theall of	2137
the following:	2138

(1) The number of claims filed, the number of awards made and	2139
the amount of each award, and a statistical summary of awards made	2140
and denied, including the average size of awards; the	2141

(2) The balance in the reparations fund, with a listing by	2142
source and amount of the moneys that have been deposited in the	2143
fund; the	2144

(3) The amount that has been withdrawn from the fund,	2145
including separate listings of the administrative costs incurred	2146
by the attorney general and a court of claims panel of	2147
commissioners, compensation of judges and court personnel, and the	2148
amount awarded as attorney's fees, and the amount of payments made	2149
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	2150
Revised Code. The	2151

(B) The director of budget and management shall assist the	2152
attorney general in the preparation of the report required by this	2153
section.	2154

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

2155

(1) "DNA analysis" and "DNA specimen" have the same meanings	2156
as in section 109.573 of the Revised Code.	2157

(2) "Jail" and "community-based correctional facility" have	2158
the same meanings as in section 2929.01 of the Revised Code.	2159

(3) "Post-release control" has the same meaning as in section	2160
2967.01 of the Revised Code.	2161

(B)(1) A person who is convicted of or pleads guilty to a	2162
felony offense listed in division (D) of this section and who is	2163
sentenced to a prison term or to a community residential sanction	2164
in a jail or community-based correctional facility pursuant to	2165
section 2929.16 of the Revised Code, and a person who is convicted	2166
of or pleads guilty to a misdemeanor offense listed in division	2167
(D) of this section and who is sentenced to a term of imprisonment	2168
shall submit to a DNA specimen collection procedure administered	2169
by the director of rehabilitation and correction or the chief	2170
administrative officer of the jail or other detention facility in	2171
which the person is serving the term of imprisonment. If the	2172
person serves the prison term in a state correctional institution,	2173
the director of rehabilitation and correction shall cause the DNA	2174
specimen to be collected from the person during the intake process	2175
at the reception facility designated by the director. If the	2176
person serves the community residential sanction or term of	2177
imprisonment in a jail, a community-based correctional facility,	2178
or another county, multicounty, municipal, municipal-county, or	2179
multicounty-municipal detention facility, the chief administrative	2180
officer of the jail, community-based correctional facility, or	2181
detention facility shall cause the DNA specimen to be collected	2182
from the person during the intake process at the jail,	2183
community-based correctional facility, or detention facility. In	2184
accordance with division (C) of this section, the director or the	2185
chief administrative officer shall cause the DNA specimen to be	2186
forwarded to the bureau of criminal identification and	2187
investigation no later than fifteen days after the date of the	2188
collection of the DNA specimen. The DNA specimen shall be	2189
collected in accordance with division (C) of this section.	2190

(2) If a person is convicted of or pleads guilty to an	2191
offense listed in division (D) of this section, is serving a	2192
prison term, community residential sanction, or term of	2193
imprisonment for that offense, and does not provide a DNA specimen	2194
pursuant to division (B)(1) of this section, prior to the person's	2195
release from the prison term, community residential sanction, or	2196
imprisonment, the person shall submit to, and the director of	2197
rehabilitation and correction or the chief administrative officer	2198
of the jail, community-based correctional facility, or detention	2199
facility in which the person is serving the prison term, community	2200
residential sanction, or term of imprisonment shall administer, a	2201
DNA specimen collection procedure at the state correctional	2202
institution, jail, community-based correctional facility, or	2203
detention facility in which the person is serving the prison term,	2204
community residential sanction, or term of imprisonment. In	2205
accordance with division (C) of this section, the director or the	2206
chief administrative officer shall cause the DNA specimen to be	2207
forwarded to the bureau of criminal identification and	2208
investigation no later than fifteen days after the date of the	2209
collection of the DNA specimen. The DNA specimen shall be	2210
collected in accordance with division (C) of this section.	2211

(3) If a person sentenced to a term of imprisonment or	2212
serving a prison term or community residential sanction for	2213
committing an offense listed in division (D) of this section is on	2214
probation, is released on parole, under transitional control, or	2215
on another type of release, or is on post-release control, if the	2216
person is under the supervision of a probation department or the	2217
adult parole authority, if the person is sent to jail or is	2218
returned to a jail, community-based correctional facility, or	2219
state correctional institution for a violation of the terms and	2220
conditions of the probation, parole, transitional control, other	2221
release, or post-release control, if the person was or will be	2222
serving a term of imprisonment, prison term, or community	2223
residential sanction for committing an offense listed in division	2224
(D) of this section, and if the person did not provide a DNA	2225
specimen pursuant to division (B)(1) or (2) of this section, the	2226
person shall submit to, and the director of rehabilitation and	2227
correction or the chief administrative officer of the jail or	2228
community-based correctional facility shall administer, a DNA	2229
specimen collection procedure at the jail, community-based	2230
correctional facility, or state correctional institution in which	2231
the person is serving the term of imprisonment, prison term, or	2232
community residential sanction. In accordance with division (C) of	2233
this section, the director or the chief administrative officer	2234
shall cause the DNA specimen to be forwarded to the bureau of	2235
criminal identification and investigation no later than fifteen	2236
days after the date of the collection of the DNA specimen. The DNA	2237
specimen shall be collected from the person in accordance with	2238
division (C) of this section.	2239

(C) If the DNA specimen is collected by withdrawing blood	2240
from the person or a similarly invasive procedure, a physician,	2241
registered nurse, licensed practical nurse, duly licensed clinical	2242
laboratory technician, or other qualified medical practitioner	2243
shall collect in a medically approved manner the DNA specimen	2244
required to be collected pursuant to division (B) of this section.	2245
If the DNA specimen is collected by swabbing for buccal cells or a	2246
similarly noninvasive procedure, this section does not require	2247
that the DNA specimen be collected by a qualified medical	2248
practitioner of that nature. No later than fifteen days after the	2249
date of the collection of the DNA specimen, the director of	2250
rehabilitation and correction or the chief administrative officer	2251
of the jail, community-based correctional facility, or other	2252
county, multicounty, municipal, municipal-county, or	2253
multicounty-municipal detention facility, in which the person is	2254
serving the prison term, community residential sanction, or term	2255
of imprisonment shall cause the DNA specimen to be forwarded to	2256
the bureau of criminal identification and investigation in	2257
accordance with procedures established by the superintendent of	2258
the bureau under division (H) of section 109.573 of the Revised	2259
Code. The bureau shall provide the specimen vials, mailing tubes,	2260
labels, postage, and instructions needed for the collection and	2261
forwarding of the DNA specimen to the bureau.	2262

(D) The director of rehabilitation and correction and the	2263
chief administrative officer of the jail, community-based	2264
correctional facility, or other county, multicounty, municipal,	2265
municipal-county, or multicounty-municipal detention facility	2266
shall cause a DNA specimen to be collected in accordance with	2267
divisions (B) and (C) of this section from a person in its custody	2268
who is convicted of or pleads guilty to any of the following	2269
offenses:	2270

(1) A violation of section 2903.01, 2903.02, 2903.11,	2271
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02,	2272
2911.11, or 2911.12 of the Revised Code;	2273

(2) A violation of section 2907.12 of the Revised Code as it	2274
existed prior to September 3, 1996;	2275

(3) An attempt to commit a violation of section 2903.01,	2276
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	2277
or to commit a violation of section 2907.12 of the Revised Code as	2278
it existed prior to September 3, 1996;	2279

(4) A violation of any law that arose out of the same facts	2280
and circumstances and same act as did a charge against the person	2281
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	2282
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	2283
previously was dismissed or amended or as did a charge against the	2284
person of a violation of section 2907.12 of the Revised Code as it	2285
existed prior to September 3, 1996, that previously was dismissed	2286
or amended;	2287

(5) A violation of section 2905.02 or 2919.23 of the Revised	2288
Code that would have been a violation of section 2905.04 of the	2289
Revised Code as it existed prior to July 1, 1996, had it been	2290
committed prior to that date;	2291

(6) A sexually oriented offense or a child-victim oriented	2292
offense, both as defined in section 2950.01 of the Revised Code,	2293
if, in relation to that offense, the offender has been adjudicated	2294
as being a sexual predator or a child-victim predator, both as	2295
defined in section 2950.01 of the Revised Code;	2296

(7) A felony violation of any law that arose out of the same	2297
facts and circumstances and same act as did a charge against the	2298
person of a violation of section 2903.11, 2911.01, 2911.02, or	2299
2911.12 of the Revised Code that previously was dismissed or	2300
amended;	2301

(8) A conspiracy to commit a violation of section 2903.01,	2302
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	2303
Revised Code;	2304

(9) Complicity in committing a violation of section 2903.01,	2305
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	2306
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	2307
violation of section 2907.12 of the Revised Code as it existed	2308
prior to September 3, 1996.	2309

(E) The director of rehabilitation and correction or a chief	2310
administrative officer of a jail, community-based correctional	2311
facility, or other detention facility described in division (B) of	2312
this section in relation to the following offenses is not required	2313
to comply with this section until the superintendent of the bureau	2314
of criminal identification and investigation gives agencies in the	2315
criminal justice system, as defined in section 181.51 of the	2316
Revised Code, in the state official notification that the state	2317
DNA laboratory is prepared to accept DNA specimens of that nature:	2318

(1) A violation of section 2903.11, 2911.01, 2911.02, or	2319
2911.12 of the Revised Code;	2320

(2) An attempt to commit a violation of section 2903.01 or	2321
2903.02 of the Revised Code;	2322

(3) A felony violation of any law that arose out of the same	2323
facts and circumstances and same act as did a charge against the	2324
person of a violation of section 2903.11, 2911.01, 2911.02, or	2325
2911.12 of the Revised Code that previously was dismissed or	2326
amended;	2327

(4) A conspiracy to commit a violation of section 2903.01,	2328
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	2329
Revised Code;	2330

(5) Complicity in committing a violation of section 2903.01,	2331
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	2332
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	2333
violation of section 2907.12 of the Revised Code as it existed	2334
prior to September 3, 1996.	2335

Sec. 2907.07.  (A) No person shall solicit a person who is	2336
less than thirteen years of age to engage in sexual activity with	2337
the offender, whether or not the offender knows the age of such	2338
person.	2339

(B) No person shall solicit a person of the same sex to	2340
engage in sexual activity with the offender, when the offender	2341
knows such solicitation is offensive to the other person, or is	2342
reckless in that regard.	2343

(C) No person shall solicit another, not the spouse of the	2344
offender, to engage in sexual conduct with the offender, when the	2345
offender is eighteen years of age or older and four or more years	2346
older than the other person, and the other person is thirteen	2347
years of age or older but less than sixteen years of age, whether	2348
or not the offender knows the age of the other person.	2349

(D)(C) No person shall solicit another by means of a	2350
telecommunications device, as defined in section 2913.01 of the	2351
Revised Code, to engage in sexual activity with the offender when	2352
the offender is eighteen years of age or older and either of the	2353
following applies:	2354

(1) The other person is less than thirteen years of age, and	2355
the offender knows that the other person is less than thirteen	2356
years of age or is reckless in that regard.	2357

(2) The other person is a law enforcement officer posing as a	2358
person who is less than thirteen years of age, and the offender	2359
believes that the other person is less than thirteen years of age	2360
or is reckless in that regard.	2361

(E)(D) No person shall solicit another by means of a	2362
telecommunications device, as defined in section 2913.01 of the	2363
Revised Code, to engage in sexual activity with the offender when	2364
the offender is eighteen years of age or older and either of the	2365
following applies:	2366

(1) The other person is thirteen years of age or older but	2367
less than sixteen years of age, the offender knows that the other	2368
person is thirteen years of age or older but less than sixteen	2369
years of age or is reckless in that regard, and the offender is	2370
four or more years older than the other person.	2371

(2) The other person is a law enforcement officer posing as a	2372
person who is thirteen years of age or older but less than sixteen	2373
years of age, the offender believes that the other person is	2374
thirteen years of age or older but less than sixteen years of age	2375
or is reckless in that regard, and the offender is four or more	2376
years older than the age the law enforcement officer assumes in	2377
posing as the person who is thirteen years of age or older but	2378
less than sixteen years of age.	2379

(F)(E) Divisions (D)(C) and (E)(D) of this section apply to	2380
any solicitation that is contained in a transmission via a	2381
telecommunications device that either originates in this state or	2382
is received in this state.	2383

(G)(F) Whoever violates this section is guilty of	2384
importuning. Violation of division (B) of this section is a	2385
misdemeanor of the first degree. A violation of division (A) or	2386
(D)(C) of this section is a felony of the fourth degree on a first	2387
offense and a felony of the third degree on each subsequent	2388
offense. A violation of division (C)(B) or (E)(D) of this section	2389
is a felony of the fifth degree on a first offense and a felony of	2390
the fourth degree on each subsequent offense.	2391

Sec. 2919.24.  (A) No person, including a parent, guardian,	2392
or other custodian of a child, shall do any of the following:	2393

(1) Aid, abet, induce, cause, encourage, or contribute to a	2394
child or a ward of the juvenile court becoming an unruly child, as	2395
defined in section 2151.022 of the Revised Code, or a delinquent	2396
child, as defined in section 2152.02 of the Revised Code;	2397

(2) Act in a way tending to cause a child or a ward of the	2398
juvenile court to become an unruly child, as defined in section	2399
2151.022 of the Revised Code, or a delinquent child, as defined in	2400
section 2152.02 of the Revised Code;	2401

(3) If the person is the parent, guardian, or custodian of a	2402
child who has the duties under Chapters 2152. and 2950. of the	2403
Revised Code to register, to register a new residence address, and	2404
to periodically verify a residence address, and, if applicable, to	2405
send a notice of intent to reside, and if the child is not	2406
emancipated, as defined in section 2919.121 of the Revised Code,	2407
fail to ensure that the child complies with those duties under	2408
Chapters 2152. and 2950. of the Revised Code.	2409

(B) Whoever violates this section is guilty of contributing	2410
to the unruliness or delinquency of a child, a misdemeanor of the	2411
first degree. Each day of violation of this section is a separate	2412
offense.	2413

Sec. 2929.01.  As used in this chapter:

2414

(A)(1) "Alternative residential facility" means, subject to	2415
division (A)(2) of this section, any facility other than an	2416
offender's home or residence in which an offender is assigned to	2417
live and that satisfies all of the following criteria:	2418

(a) It provides programs through which the offender may seek	2419
or maintain employment or may receive education, training,	2420
treatment, or habilitation.	2421

(b) It has received the appropriate license or certificate	2422
for any specialized education, training, treatment, habilitation,	2423
or other service that it provides from the government agency that	2424
is responsible for licensing or certifying that type of education,	2425
training, treatment, habilitation, or service.	2426

(2) "Alternative residential facility" does not include a	2427
community-based correctional facility, jail, halfway house, or	2428
prison.	2429

(B) "Bad time" means the time by which the parole board	2430
administratively extends an offender's stated prison term or terms	2431
pursuant to section 2967.11 of the Revised Code because the parole	2432
board finds by clear and convincing evidence that the offender,	2433
while serving the prison term or terms, committed an act that is a	2434
criminal offense under the law of this state or the United States,	2435
whether or not the offender is prosecuted for the commission of	2436
that act.	2437

(C) "Basic probation supervision" means a requirement that	2438
the offender maintain contact with a person appointed to supervise	2439
the offender in accordance with sanctions imposed by the court or	2440
imposed by the parole board pursuant to section 2967.28 of the	2441
Revised Code. "Basic probation supervision" includes basic parole	2442
supervision and basic post-release control supervision.	2443

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	2444
"unit dose" have the same meanings as in section 2925.01 of the	2445
Revised Code.	2446

(E) "Community-based correctional facility" means a	2447
community-based correctional facility and program or district	2448
community-based correctional facility and program developed	2449
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	2450

(F) "Community control sanction" means a sanction that is not	2451
a prison term and that is described in section 2929.15, 2929.16,	2452
2929.17, or 2929.18 of the Revised Code.	2453

(G) "Controlled substance," "marihuana," "schedule I," and	2454
"schedule II" have the same meanings as in section 3719.01 of the	2455
Revised Code.	2456

(H) "Curfew" means a requirement that an offender during a	2457
specified period of time be at a designated place.	2458

(I) "Day reporting" means a sanction pursuant to which an	2459
offender is required each day to report to and leave a center or	2460
other approved reporting location at specified times in order to	2461
participate in work, education or training, treatment, and other	2462
approved programs at the center or outside the center.	2463

(J) "Deadly weapon" has the same meaning as in section	2464
2923.11 of the Revised Code.	2465

(K) "Drug and alcohol use monitoring" means a program under	2466
which an offender agrees to submit to random chemical analysis of	2467
the offender's blood, breath, or urine to determine whether the	2468
offender has ingested any alcohol or other drugs.	2469

(L) "Drug treatment program" means any program under which a	2470
person undergoes assessment and treatment designed to reduce or	2471
completely eliminate the person's physical or emotional reliance	2472
upon alcohol, another drug, or alcohol and another drug and under	2473
which the person may be required to receive assessment and	2474
treatment on an outpatient basis or may be required to reside at a	2475
facility other than the person's home or residence while	2476
undergoing assessment and treatment.	2477

(M) "Economic loss" means any economic detriment suffered by	2478
a victim as a result of the commission of a felony and includes	2479
any loss of income due to lost time at work because of any injury	2480
caused to the victim, and any property loss, medical cost, or	2481
funeral expense incurred as a result of the commission of the	2482
felony.	2483

(N) "Education or training" includes study at, or in	2484
conjunction with a program offered by, a university, college, or	2485
technical college or vocational study and also includes the	2486
completion of primary school, secondary school, and literacy	2487
curricula or their equivalent.	2488

(O) "Electronically monitored house arrest" has the same	2489
meaning as in section 2929.23 of the Revised Code.	2490

(P) "Eligible offender" has the same meaning as in section	2491
2929.23 of the Revised Code except as otherwise specified in	2492
section 2929.20 of the Revised Code.	2493

(Q) "Firearm" has the same meaning as in section 2923.11 of	2494
the Revised Code.	2495

(R) "Halfway house" means a facility licensed by the division	2496
of parole and community services of the department of	2497
rehabilitation and correction pursuant to section 2967.14 of the	2498
Revised Code as a suitable facility for the care and treatment of	2499
adult offenders.	2500

(S) "House arrest" means a period of confinement of an	2501
eligible offender that is in the eligible offender's home or in	2502
other premises specified by the sentencing court or by the parole	2503
board pursuant to section 2967.28 of the Revised Code, that may be	2504
electronically monitored house arrest, and during which all of the	2505
following apply:	2506

(1) The eligible offender is required to remain in the	2507
eligible offender's home or other specified premises for the	2508
specified period of confinement, except for periods of time during	2509
which the eligible offender is at the eligible offender's place of	2510
employment or at other premises as authorized by the sentencing	2511
court or by the parole board.	2512

(2) The eligible offender is required to report periodically	2513
to a person designated by the court or parole board.	2514

(3) The eligible offender is subject to any other	2515
restrictions and requirements that may be imposed by the	2516
sentencing court or by the parole board.	2517

(T) "Intensive probation supervision" means a requirement	2518
that an offender maintain frequent contact with a person appointed	2519
by the court, or by the parole board pursuant to section 2967.28	2520
of the Revised Code, to supervise the offender while the offender	2521
is seeking or maintaining necessary employment and participating	2522
in training, education, and treatment programs as required in the	2523
court's or parole board's order. "Intensive probation supervision"	2524
includes intensive parole supervision and intensive post-release	2525
control supervision.	2526

(U) "Jail" means a jail, workhouse, minimum security jail, or	2527
other residential facility used for the confinement of alleged or	2528
convicted offenders that is operated by a political subdivision or	2529
a combination of political subdivisions of this state.	2530

(V) "Delinquent child" has the same meaning as in section	2531
2152.02 of the Revised Code.	2532

(W) "License violation report" means a report that is made by	2533
a sentencing court, or by the parole board pursuant to section	2534
2967.28 of the Revised Code, to the regulatory or licensing board	2535
or agency that issued an offender a professional license or a	2536
license or permit to do business in this state and that specifies	2537
that the offender has been convicted of or pleaded guilty to an	2538
offense that may violate the conditions under which the offender's	2539
professional license or license or permit to do business in this	2540
state was granted or an offense for which the offender's	2541
professional license or license or permit to do business in this	2542
state may be revoked or suspended.	2543

(X) "Major drug offender" means an offender who is convicted	2544
of or pleads guilty to the possession of, sale of, or offer to	2545
sell any drug, compound, mixture, preparation, or substance that	2546
consists of or contains at least one thousand grams of hashish; at	2547
least one hundred grams of crack cocaine; at least one thousand	2548
grams of cocaine that is not crack cocaine; at least two thousand	2549
five hundred unit doses or two hundred fifty grams of heroin; at	2550
least five thousand unit doses of L.S.D. or five hundred grams of	2551
L.S.D. in a liquid concentrate, liquid extract, or liquid	2552
distillate form; or at least one hundred times the amount of any	2553
other schedule I or II controlled substance other than marihuana	2554
that is necessary to commit a felony of the third degree pursuant	2555
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	2556
Code that is based on the possession of, sale of, or offer to sell	2557
the controlled substance.	2558

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

2559

(1) Subject to division (Y)(2) of this section, the term in	2560
prison that must be imposed for the offenses or circumstances set	2561
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	2562
division (D) of section 2929.14 of the Revised Code. Except as	2563
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	2564
2925.11 of the Revised Code, unless the maximum or another	2565
specific term is required under section 2929.14 of the Revised	2566
Code, a mandatory prison term described in this division may be	2567
any prison term authorized for the level of offense.	2568

(2) The term of sixty or one hundred twenty days in prison	2569
that a sentencing court is required to impose for a third or	2570
fourth degree felony OMVI offense pursuant to division (G)(2) of	2571
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	2572
the Revised Code.	2573

(3) The term in prison imposed pursuant to section 2971.03 of	2574
the Revised Code for the offenses and in the circumstances	2575
described in division (F)(11) of section 2929.13 of the Revised	2576
Code and that term as modified or terminated pursuant to section	2577
2971.05 of the Revised Code.	2578

(Z) "Monitored time" means a period of time during which an	2579
offender continues to be under the control of the sentencing court	2580
or parole board, subject to no conditions other than leading a	2581
law-abiding life.	2582

(AA) "Offender" means a person who, in this state, is	2583
convicted of or pleads guilty to a felony or a misdemeanor.	2584

(BB) "Prison" means a residential facility used for the	2585
confinement of convicted felony offenders that is under the	2586
control of the department of rehabilitation and correction but	2587
does not include a violation sanction center operated under	2588
authority of section 2967.141 of the Revised Code.	2589

(CC) "Prison term" includes any of the following sanctions	2590
for an offender:	2591

(1) A stated prison term;

2592

(2) A term in a prison shortened by, or with the approval of,	2593
the sentencing court pursuant to section 2929.20, 2967.26,	2594
5120.031, 5120.032, or 5120.073 of the Revised Code;	2595

(3) A term in prison extended by bad time imposed pursuant to	2596
section 2967.11 of the Revised Code or imposed for a violation of	2597
post-release control pursuant to section 2967.28 of the Revised	2598
Code.	2599

(DD) "Repeat violent offender" means a person about whom both	2600
of the following apply:	2601

(1) The person has been convicted of or has pleaded guilty	2602
to, and is being sentenced for committing, for complicity in	2603
committing, or for an attempt to commit, aggravated murder,	2604
murder, involuntary manslaughter, a felony of the first degree	2605
other than one set forth in Chapter 2925. of the Revised Code, a	2606
felony of the first degree set forth in Chapter 2925. of the	2607
Revised Code that involved an attempt to cause serious physical	2608
harm to a person or that resulted in serious physical harm to a	2609
person, or a felony of the second degree that involved an attempt	2610
to cause serious physical harm to a person or that resulted in	2611
serious physical harm to a person.	2612

(2) Either of the following applies:

2613

(a) The person previously was convicted of or pleaded guilty	2614
to, and previously served or, at the time of the offense was	2615
serving, a prison term for, any of the following:	2616

(i) Aggravated murder, murder, involuntary manslaughter,	2617
rape, felonious sexual penetration as it existed under section	2618
2907.12 of the Revised Code prior to September 3, 1996, a felony	2619
of the first or second degree that resulted in the death of a	2620
person or in physical harm to a person, or complicity in or an	2621
attempt to commit any of those offenses;	2622

(ii) An offense under an existing or former law of this	2623
state, another state, or the United States that is or was	2624
substantially equivalent to an offense listed under division	2625
(DD)(2)(a)(i) of this section and that resulted in the death of a	2626
person or in physical harm to a person.	2627

(b) The person previously was adjudicated a delinquent child	2628
for committing an act that if committed by an adult would have	2629
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	2630
section, the person was committed to the department of youth	2631
services for that delinquent act.	2632

(EE) "Sanction" means any penalty imposed upon an offender	2633
who is convicted of or pleads guilty to an offense, as punishment	2634
for the offense. "Sanction" includes any sanction imposed pursuant	2635
to any provision of sections 2929.14 to 2929.18 of the Revised	2636
Code.	2637

(FF) "Sentence" means the sanction or combination of	2638
sanctions imposed by the sentencing court on an offender who is	2639
convicted of or pleads guilty to a felony.	2640

(GG) "Stated prison term" means the prison term, mandatory	2641
prison term, or combination of all prison terms and mandatory	2642
prison terms imposed by the sentencing court pursuant to section	2643
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	2644
includes any credit received by the offender for time spent in	2645
jail awaiting trial, sentencing, or transfer to prison for the	2646
offense and any time spent under house arrest or electronically	2647
monitored house arrest imposed after earning credits pursuant to	2648
section 2967.193 of the Revised Code.	2649

(HH) "Victim-offender mediation" means a reconciliation or	2650
mediation program that involves an offender and the victim of the	2651
offense committed by the offender and that includes a meeting in	2652
which the offender and the victim may discuss the offense, discuss	2653
restitution, and consider other sanctions for the offense.	2654

(II) "Fourth degree felony OMVI offense" means a violation of	2655
division (A) of section 4511.19 of the Revised Code that, under	2656
section 4511.99 of the Revised Code, is a felony of the fourth	2657
degree.	2658

(JJ) "Mandatory term of local incarceration" means the term	2659
of sixty or one hundred twenty days in a jail, a community-based	2660
correctional facility, a halfway house, or an alternative	2661
residential facility that a sentencing court may impose upon a	2662
person who is convicted of or pleads guilty to a fourth degree	2663
felony OMVI offense pursuant to division (G)(1) of section 2929.13	2664
of the Revised Code and division (A)(4) or (8) of section 4511.99	2665
of the Revised Code.	2666

(KK) "Designated homicide, assault, or kidnapping offense,"	2667
"sexual motivation specification," "sexually violent offense,"	2668
"sexually violent predator," and "sexually violent predator	2669
specification" have the same meanings as in section 2971.01 of the	2670
Revised Code.	2671

(LL) "Habitual sex offender," "sexually oriented offense,"	2672
and "sexual predator," "registration-exempt sexually oriented	2673
offense," "child-victim oriented offense," "habitual child-victim	2674
offender," and "child-victim predator" have the same meanings as	2675
in section 2950.01 of the Revised Code.	2676

(MM) An offense is "committed in the vicinity of a child" if	2677
the offender commits the offense within thirty feet of or within	2678
the same residential unit as a child who is under eighteen years	2679
of age, regardless of whether the offender knows the age of the	2680
child or whether the offender knows the offense is being committed	2681
within thirty feet of or within the same residential unit as the	2682
child and regardless of whether the child actually views the	2683
commission of the offense.	2684

(NN) "Family or household member" has the same meaning as in	2685
section 2919.25 of the Revised Code.	2686

(OO) "Motor vehicle" and "manufactured home" have the same	2687
meanings as in section 4501.01 of the Revised Code.	2688

(PP) "Detention" and "detention facility" have the same	2689
meanings as in section 2921.01 of the Revised Code.	2690

(QQ) "Third degree felony OMVI offense" means a violation of	2691
division (A) of section 4511.19 of the Revised Code that, under	2692
section 4511.99 of the Revised Code, is a felony of the third	2693
degree.	2694

(RR) "Random drug testing" has the same meaning as in section	2695
5120.63 of the Revised Code.	2696

(SS) "Felony sex offense" has the same meaning as in section	2697
2957.28 of the Revised Code.	2698

(TT) "Body armor" has the same meaning as in section	2699
2941.1411 of the Revised Code.	2700

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2701
or (G) of this section and unless a specific sanction is required	2702
to be imposed or is precluded from being imposed pursuant to law,	2703
a court that imposes a sentence upon an offender for a felony may	2704
impose any sanction or combination of sanctions on the offender	2705
that are provided in sections 2929.14 to 2929.18 of the Revised	2706
Code. The sentence shall not impose an unnecessary burden on state	2707
or local government resources.	2708

If the offender is eligible to be sentenced to community	2709
control sanctions, the court shall consider the appropriateness of	2710
imposing a financial sanction pursuant to section 2929.18 of the	2711
Revised Code or a sanction of community service pursuant to	2712
section 2929.17 of the Revised Code as the sole sanction for the	2713
offense. Except as otherwise provided in this division, if the	2714
court is required to impose a mandatory prison term for the	2715
offense for which sentence is being imposed, the court also may	2716
impose a financial sanction pursuant to section 2929.18 of the	2717
Revised Code but may not impose any additional sanction or	2718
combination of sanctions under section 2929.16 or 2929.17 of the	2719
Revised Code.	2720

If the offender is being sentenced for a fourth degree felony	2721
OMVI offense or for a third degree felony OMVI offense, in	2722
addition to the mandatory term of local incarceration or the	2723
mandatory prison term required for the offense by division (G)(1)	2724
or (2) of this section, the court shall impose upon the offender a	2725
mandatory fine in accordance with division (B)(3) of section	2726
2929.18 of the Revised Code and may impose whichever of the	2727
following is applicable:	2728

(1) For a fourth degree felony OMVI offense for which	2729
sentence is imposed under division (G)(1) of this section, an	2730
additional community control sanction or combination of community	2731
control sanctions under section 2929.16 or 2929.17 of the Revised	2732
Code;	2733

(2) For a third or fourth degree felony OMVI offense for	2734
which sentence is imposed under division (G)(2) of this section,	2735
an additional prison term as described in division (D)(4) of	2736
section 2929.14 of the Revised Code.	2737

(B)(1) Except as provided in division (B)(2), (E), (F), or	2738
(G) of this section, in sentencing an offender for a felony of the	2739
fourth or fifth degree, the sentencing court shall determine	2740
whether any of the following apply:	2741

(a) In committing the offense, the offender caused physical	2742
harm to a person.	2743

(b) In committing the offense, the offender attempted to	2744
cause or made an actual threat of physical harm to a person with a	2745
deadly weapon.	2746

(c) In committing the offense, the offender attempted to	2747
cause or made an actual threat of physical harm to a person, and	2748
the offender previously was convicted of an offense that caused	2749
physical harm to a person.	2750

(d) The offender held a public office or position of trust	2751
and the offense related to that office or position; the offender's	2752
position obliged the offender to prevent the offense or to bring	2753
those committing it to justice; or the offender's professional	2754
reputation or position facilitated the offense or was likely to	2755
influence the future conduct of others.	2756

(e) The offender committed the offense for hire or as part of	2757
an organized criminal activity.	2758

(f) The offense is a sex offense that is a fourth or fifth	2759
degree felony violation of section 2907.03, 2907.04, 2907.05,	2760
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2761
Revised Code.	2762

(g) The offender at the time of the offense was serving, or	2763
the offender previously had served, a prison term.	2764

(h) The offender committed the offense while under a	2765
community control sanction, while on probation, or while released	2766
from custody on a bond or personal recognizance.	2767

(i) The offender committed the offense while in possession of	2768
a firearm.	2769

(2)(a) If the court makes a finding described in division	2770
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2771
section and if the court, after considering the factors set forth	2772
in section 2929.12 of the Revised Code, finds that a prison term	2773
is consistent with the purposes and principles of sentencing set	2774
forth in section 2929.11 of the Revised Code and finds that the	2775
offender is not amenable to an available community control	2776
sanction, the court shall impose a prison term upon the offender.	2777

(b) Except as provided in division (E), (F), or (G) of this	2778
section, if the court does not make a finding described in	2779
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2780
this section and if the court, after considering the factors set	2781
forth in section 2929.12 of the Revised Code, finds that a	2782
community control sanction or combination of community control	2783
sanctions is consistent with the purposes and principles of	2784
sentencing set forth in section 2929.11 of the Revised Code, the	2785
court shall impose a community control sanction or combination of	2786
community control sanctions upon the offender.	2787

(C) Except as provided in division (E), (F), or (G) of this	2788
section, in determining whether to impose a prison term as a	2789
sanction for a felony of the third degree or a felony drug offense	2790
that is a violation of a provision of Chapter 2925. of the Revised	2791
Code and that is specified as being subject to this division for	2792
purposes of sentencing, the sentencing court shall comply with the	2793
purposes and principles of sentencing under section 2929.11 of the	2794
Revised Code and with section 2929.12 of the Revised Code.	2795

(D) Except as provided in division (E) or (F) of this	2796
section, for a felony of the first or second degree and for a	2797
felony drug offense that is a violation of any provision of	2798
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2799
presumption in favor of a prison term is specified as being	2800
applicable, it is presumed that a prison term is necessary in	2801
order to comply with the purposes and principles of sentencing	2802
under section 2929.11 of the Revised Code. Notwithstanding the	2803
presumption established under this division, the sentencing court	2804
may impose a community control sanction or a combination of	2805
community control sanctions instead of a prison term on an	2806
offender for a felony of the first or second degree or for a	2807
felony drug offense that is a violation of any provision of	2808
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2809
presumption in favor of a prison term is specified as being	2810
applicable if it makes both of the following findings:	2811

(1) A community control sanction or a combination of	2812
community control sanctions would adequately punish the offender	2813
and protect the public from future crime, because the applicable	2814
factors under section 2929.12 of the Revised Code indicating a	2815
lesser likelihood of recidivism outweigh the applicable factors	2816
under that section indicating a greater likelihood of recidivism.	2817

(2) A community control sanction or a combination of	2818
community control sanctions would not demean the seriousness of	2819
the offense, because one or more factors under section 2929.12 of	2820
the Revised Code that indicate that the offender's conduct was	2821
less serious than conduct normally constituting the offense are	2822
applicable, and they outweigh the applicable factors under that	2823
section that indicate that the offender's conduct was more serious	2824
than conduct normally constituting the offense.	2825

(E)(1) Except as provided in division (F) of this section,	2826
for any drug offense that is a violation of any provision of	2827
Chapter 2925. of the Revised Code and that is a felony of the	2828
third, fourth, or fifth degree, the applicability of a presumption	2829
under division (D) of this section in favor of a prison term or of	2830
division (B) or (C) of this section in determining whether to	2831
impose a prison term for the offense shall be determined as	2832
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2833
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2834
Revised Code, whichever is applicable regarding the violation.	2835

(2) If an offender who was convicted of or pleaded guilty to	2836
a felony violates the conditions of a community control sanction	2837
imposed for the offense solely by reason of producing positive	2838
results on a drug test, the court, as punishment for the violation	2839
of the sanction, shall not order that the offender be imprisoned	2840
unless the court determines on the record either of the following:	2841

(a) The offender had been ordered as a sanction for the	2842
felony to participate in a drug treatment program, in a drug	2843
education program, or in narcotics anonymous or a similar program,	2844
and the offender continued to use illegal drugs after a reasonable	2845
period of participation in the program.	2846

(b) The imprisonment of the offender for the violation is	2847
consistent with the purposes and principles of sentencing set	2848
forth in section 2929.11 of the Revised Code.	2849

(F) Notwithstanding divisions (A) to (E) of this section, the	2850
court shall impose a prison term or terms under sections 2929.02	2851
to 2929.06, section 2929.14, or section 2971.03 of the Revised	2852
Code and except as specifically provided in section 2929.20 or	2853
2967.191 of the Revised Code or when parole is authorized for the	2854
offense under section 2967.13 of the Revised Code shall not reduce	2855
the terms pursuant to section 2929.20, section 2967.193, or any	2856
other provision of Chapter 2967. or Chapter 5120. of the Revised	2857
Code for any of the following offenses:	2858

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

2859

(2) Any rape, regardless of whether force was involved and	2860
regardless of the age of the victim, or an attempt to commit rape	2861
if, had the offender completed the rape that was attempted, the	2862
offender would have been subject to a sentence of life	2863
imprisonment or life imprisonment without parole for the rape;	2864

(3) Gross sexual imposition or sexual battery, if the victim	2865
is under thirteen years of age, if the offender previously was	2866
convicted of or pleaded guilty to rape, the former offense of	2867
felonious sexual penetration, gross sexual imposition, or sexual	2868
battery, and if the victim of the previous offense was under	2869
thirteen years of age;	2870

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2871
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	2872
requires the imposition of a prison term;	2873

(5) A first, second, or third degree felony drug offense for	2874
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2875
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2876
4729.99 of the Revised Code, whichever is applicable regarding the	2877
violation, requires the imposition of a mandatory prison term;	2878

(6) Any offense that is a first or second degree felony and	2879
that is not set forth in division (F)(1), (2), (3), or (4) of this	2880
section, if the offender previously was convicted of or pleaded	2881
guilty to aggravated murder, murder, any first or second degree	2882
felony, or an offense under an existing or former law of this	2883
state, another state, or the United States that is or was	2884
substantially equivalent to one of those offenses;	2885

(7) Any offense that is a third degree felony and that is	2886
listed in division (DD)(1) of section 2929.01 of the Revised Code	2887
if the offender previously was convicted of or pleaded guilty to	2888
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	2889
section 2929.01 of the Revised Code;	2890

(8) Any offense, other than a violation of section 2923.12 of	2891
the Revised Code, that is a felony, if the offender had a firearm	2892
on or about the offender's person or under the offender's control	2893
while committing the felony, with respect to a portion of the	2894
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2895
of the Revised Code for having the firearm;	2896

(9) Any offense of violence that is a felony, if the offender	2897
wore or carried body armor while committing the felony offense of	2898
violence, with respect to the portion of the sentence imposed	2899
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2900
Code for wearing or carrying the body armor;	2901

(10) Corrupt activity in violation of section 2923.32 of the	2902
Revised Code when the most serious offense in the pattern of	2903
corrupt activity that is the basis of the offense is a felony of	2904
the first degree;	2905

(11) Any sexually violent offense for which the offender also	2906
is convicted of or pleads guilty to a sexually violent predator	2907
specification that was included in the indictment, count in the	2908
indictment, or information charging the sexually violent offense;	2909

(12) A violation of division (A)(1) or (2) of section 2921.36	2910
of the Revised Code, or a violation of division (C) of that	2911
section involving an item listed in division (A)(1) or (2) of that	2912
section, if the offender is an officer or employee of the	2913
department of rehabilitation and correction.	2914

(G) Notwithstanding divisions (A) to (E) of this section, if	2915
an offender is being sentenced for a fourth degree felony OMVI	2916
offense or for a third degree felony OMVI offense, the court shall	2917
impose upon the offender a mandatory term of local incarceration	2918
or a mandatory prison term in accordance with the following:	2919

(1) If the offender is being sentenced for a fourth degree	2920
felony OMVI offense, the court may impose upon the offender a	2921
mandatory term of local incarceration of sixty days as specified	2922
in division (A)(4) of section 4511.99 of the Revised Code or a	2923
mandatory term of local incarceration of one hundred twenty days	2924
as specified in division (A)(8) of that section. The court shall	2925
not reduce the term pursuant to section 2929.20, 2967.193, or any	2926
other provision of the Revised Code. The court that imposes a	2927
mandatory term of local incarceration under this division shall	2928
specify whether the term is to be served in a jail, a	2929
community-based correctional facility, a halfway house, or an	2930
alternative residential facility, and the offender shall serve the	2931
term in the type of facility specified by the court. A mandatory	2932
term of local incarceration imposed under division (G)(1) of this	2933
section is not subject to extension under section 2967.11 of the	2934
Revised Code, to a period of post-release control under section	2935
2967.28 of the Revised Code, or to any other Revised Code	2936
provision that pertains to a prison term.	2937

(2) If the offender is being sentenced for a third degree	2938
felony OMVI offense, or if the offender is being sentenced for a	2939
fourth degree felony OMVI offense and the court does not impose a	2940
mandatory term of local incarceration under division (G)(1) of	2941
this section, the court shall impose upon the offender a mandatory	2942
prison term of sixty days as specified in division (A)(4) of	2943
section 4511.99 of the Revised Code or a mandatory prison term of	2944
one hundred twenty days as specified in division (A)(8) of that	2945
section. The court shall not reduce the term pursuant to section	2946
2929.20, 2967.193, or any other provision of the Revised Code. In	2947
no case shall an offender who once has been sentenced to a	2948
mandatory term of local incarceration pursuant to division (G)(1)	2949
of this section for a fourth degree felony OMVI offense be	2950
sentenced to another mandatory term of local incarceration under	2951
that division for any violation of division (A) of section 4511.19	2952
of the Revised Code. The court shall not sentence the offender to	2953
a community control sanction under section 2929.16 or 2929.17 of	2954
the Revised Code. The department of rehabilitation and correction	2955
may place an offender sentenced to a mandatory prison term under	2956
this division in an intensive program prison established pursuant	2957
to section 5120.033 of the Revised Code if the department gave the	2958
sentencing judge prior notice of its intent to place the offender	2959
in an intensive program prison established under that section and	2960
if the judge did not notify the department that the judge	2961
disapproved the placement. Upon the establishment of the initial	2962
intensive program prison pursuant to section 5120.033 of the	2963
Revised Code that is privately operated and managed by a	2964
contractor pursuant to a contract entered into under section 9.06	2965
of the Revised Code, both of the following apply:	2966

(a) The department of rehabilitation and correction shall	2967
make a reasonable effort to ensure that a sufficient number of	2968
offenders sentenced to a mandatory prison term under this division	2969
are placed in the privately operated and managed prison so that	2970
the privately operated and managed prison has full occupancy.	2971

(b) Unless the privately operated and managed prison has full	2972
occupancy, the department of rehabilitation and correction shall	2973
not place any offender sentenced to a mandatory prison term under	2974
this division in any intensive program prison established pursuant	2975
to section 5120.033 of the Revised Code other than the privately	2976
operated and managed prison.	2977

(H) If an offender is being sentenced for a sexually oriented	2978
offense committed on or after January 1, 1997, the judge shall	2979
require the offender to submit to a DNA specimen collection	2980
procedure pursuant to section 2901.07 of the Revised Code if	2981
either of the following applies:	2982

(1) The offense was a sexually violent offense, and the	2983
offender also was convicted of or pleaded guilty to a sexually	2984
violent predator specification that was included in the	2985
indictment, count in the indictment, or information charging the	2986
sexually violent offense.	2987

(2) The judge imposing sentence for the sexually oriented	2988
offense determines pursuant to division (B) of section 2950.09 of	2989
the Revised Code that the offender is a sexual predator.	2990

(I) If an offender is being sentenced for a sexually oriented	2991
offense that is not a registration-exempt sexually oriented	2992
offense or for a child-victim oriented offense committed on or	2993
after January 1, 1997, the judge shall include in the sentence a	2994
summary of the offender's duty to register pursuant to section	2995
duties imposed under sections 2950.04 of the Revised Code, the	2996
offender's duty to provide notice of a change in residence address	2997
and register the new residence address pursuant to section,	2998
2950.041, 2950.05 of the Revised Code, the offender's duty to	2999
periodically verify the offender's current residence address	3000
pursuant to section, and 2950.06 of the Revised Code, and the	3001
duration of the duties. The judge shall inform the offender, at	3002
the time of sentencing, of those duties and of their duration and,	3003
if required under division (A)(2) of section 2950.03 of the	3004
Revised Code, shall perform the duties specified in that section.	3005

(J)(1) Except as provided in division (J)(2) of this section,	3006
when considering sentencing factors under this section in relation	3007
to an offender who is convicted of or pleads guilty to an attempt	3008
to commit an offense in violation of section 2923.02 of the	3009
Revised Code, the sentencing court shall consider the factors	3010
applicable to the felony category of the violation of section	3011
2923.02 of the Revised Code instead of the factors applicable to	3012
the felony category of the offense attempted.	3013

(2) When considering sentencing factors under this section in	3014
relation to an offender who is convicted of or pleads guilty to an	3015
attempt to commit a drug abuse offense for which the penalty is	3016
determined by the amount or number of unit doses of the controlled	3017
substance involved in the drug abuse offense, the sentencing court	3018
shall consider the factors applicable to the felony category that	3019
the drug abuse offense attempted would be if that drug abuse	3020
offense had been committed and had involved an amount or number of	3021
unit doses of the controlled substance that is within the next	3022
lower range of controlled substance amounts than was involved in	3023
the attempt.	3024

(K) As used in this section, "drug abuse offense" has the	3025
same meaning as in section 2925.01 of the Revised Code.	3026

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	3027
hearing before imposing a sentence under this chapter upon an	3028
offender who was convicted of or pleaded guilty to a felony and	3029
before resentencing an offender who was convicted of or pleaded	3030
guilty to a felony and whose case was remanded pursuant to section	3031
2953.07 or 2953.08 of the Revised Code. At the hearing, the	3032
offender, the prosecuting attorney, the victim or the victim's	3033
representative in accordance with section 2930.14 of the Revised	3034
Code, and, with the approval of the court, any other person may	3035
present information relevant to the imposition of sentence in the	3036
case. The court shall inform the offender of the verdict of the	3037
jury or finding of the court and ask the offender whether the	3038
offender has anything to say as to why sentence should not be	3039
imposed upon the offender.	3040

(2) Except as otherwise provided in this division, before	3041
imposing sentence on an offender who is being sentenced for a	3042
sexually oriented offense that was committed on or after January	3043
1, 1997, that is not a registration-exempt sexually oriented	3044
offense, and that is not a sexually violent offense, and before	3045
imposing sentence on an offender who is being sentenced for a	3046
sexually violent offense committed on or after January 1, 1997,	3047
and who was not charged with a sexually violent predator	3048
specification in the indictment, count in the indictment, or	3049
information charging the sexually violent offense, and before	3050
imposing sentence on or after May 7, 2002, on an offender who is	3051
being sentenced for a sexually oriented offense that is not a	3052
registration-exempt sexually oriented offense and who was	3053
acquitted of a sexually violent predator specification included in	3054
the indictment, count in the indictment, or information charging	3055
the sexually oriented offense, the court shall conduct a hearing	3056
in accordance with division (B) of section 2950.09 of the Revised	3057
Code to determine whether the offender is a sexual predator. The	3058
court shall not conduct a hearing under that division if the	3059
offender is being sentenced for a sexually violent offense and, if	3060
a sexually violent predator specification was included in the	3061
indictment, count in the indictment, or information charging the	3062
sexually violent offense, and if the offender was convicted of or	3063
pleaded guilty to that sexually violent predator specification.	3064
Before imposing sentence on an offender who is being sentenced for	3065
a sexually oriented offense that is not a registration-exempt	3066
sexually oriented offense, the court also shall comply with	3067
division (E) of section 2950.09 of the Revised Code.	3068

Before imposing sentence on or after the effective date of	3069
this amendment on an offender who is being sentenced for a	3070
child-victim oriented offense, regardless of when the offense was	3071
committed, the court shall conduct a hearing in accordance with	3072
division (B) of section 2950.091 of the Revised Code to determine	3073
whether the offender is a child-victim predator. Before imposing	3074
sentence on an offender who is being sentenced for a child-victim	3075
oriented offense, the court also shall comply with division (E) of	3076
section 2950.091 of the Revised Code.	3077

(B)(1) At the sentencing hearing, the court, before imposing	3078
sentence, shall consider the record, any information presented at	3079
the hearing by any person pursuant to division (A) of this	3080
section, and, if one was prepared, the presentence investigation	3081
report made pursuant to section 2951.03 of the Revised Code or	3082
Criminal Rule 32.2, and any victim impact statement made pursuant	3083
to section 2947.051 of the Revised Code.	3084

(2) The court shall impose a sentence and shall make a	3085
finding that gives its reasons for selecting the sentence imposed	3086
in any of the following circumstances:	3087

(a) Unless the offense is a sexually violent offense for	3088
which the court is required to impose sentence pursuant to	3089
division (G) of section 2929.14 of the Revised Code, if it imposes	3090
a prison term for a felony of the fourth or fifth degree or for a	3091
felony drug offense that is a violation of a provision of Chapter	3092
2925. of the Revised Code and that is specified as being subject	3093
to division (B) of section 2929.13 of the Revised Code for	3094
purposes of sentencing, its reasons for imposing the prison term,	3095
based upon the overriding purposes and principles of felony	3096
sentencing set forth in section 2929.11 of the Revised Code, and	3097
any factors listed in divisions (B)(1)(a) to (i) of section	3098
2929.13 of the Revised Code that it found to apply relative to the	3099
offender.	3100

(b) If it does not impose a prison term for a felony of the	3101
first or second degree or for a felony drug offense that is a	3102
violation of a provision of Chapter 2925. of the Revised Code and	3103
for which a presumption in favor of a prison term is specified as	3104
being applicable, its reasons for not imposing the prison term and	3105
for overriding the presumption, based upon the overriding purposes	3106
and principles of felony sentencing set forth in section 2929.11	3107
of the Revised Code, and the basis of the findings it made under	3108
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	3109

(c) If it imposes consecutive sentences under section 2929.14	3110
of the Revised Code, its reasons for imposing the consecutive	3111
sentences;	3112

(d) If the sentence is for one offense and it imposes a	3113
prison term for the offense that is the maximum prison term	3114
allowed for that offense by division (A) of section 2929.14 of the	3115
Revised Code, its reasons for imposing the maximum prison term;	3116

(e) If the sentence is for two or more offenses arising out	3117
of a single incident and it imposes a prison term for those	3118
offenses that is the maximum prison term allowed for the offense	3119
of the highest degree by division (A) of section 2929.14 of the	3120
Revised Code, its reasons for imposing the maximum prison term.	3121

(3) Subject to division (B)(4) of this section, if the	3122
sentencing court determines at the sentencing hearing that a	3123
prison term is necessary or required, the court shall do all of	3124
the following:	3125

(a) Impose a stated prison term;

3126

(b) Notify the offender that, as part of the sentence, the	3127
parole board may extend the stated prison term for certain	3128
violations of prison rules for up to one-half of the stated prison	3129
term;	3130

(c) Notify the offender that the offender will be supervised	3131
under section 2967.28 of the Revised Code after the offender	3132
leaves prison if the offender is being sentenced for a felony of	3133
the first degree or second degree, for a felony sex offense, or	3134
for a felony of the third degree in the commission of which the	3135
offender caused or threatened to cause physical harm to a person;	3136

(d) Notify the offender that the offender may be supervised	3137
under section 2967.28 of the Revised Code after the offender	3138
leaves prison if the offender is being sentenced for a felony of	3139
the third, fourth, or fifth degree that is not subject to division	3140
(B)(3)(c) of this section;	3141

(e) Notify the offender that, if a period of supervision is	3142
imposed following the offender's release from prison, as described	3143
in division (B)(3)(c) or (d) of this section, and if the offender	3144
violates that supervision or a condition of post-release control	3145
imposed under division (B) of section 2967.131 of the Revised	3146
Code, the parole board may impose a prison term, as part of the	3147
sentence, of up to one-half of the stated prison term originally	3148
imposed upon the offender;	3149

(f) Require that the offender not ingest or be injected with	3150
a drug of abuse and submit to random drug testing as provided in	3151
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	3152
is applicable to the offender who is serving a prison term, and	3153
require that the results of the drug test administered under any	3154
of those sections indicate that the offender did not ingest or was	3155
not injected with a drug of abuse.	3156

(4) If the offender is being sentenced for a sexually violent	3157
offense that the offender committed on or after January 1, 1997,	3158
and the offender also is convicted of or pleads guilty to a	3159
sexually violent predator specification that was included in the	3160
indictment, count in the indictment, or information charging the	3161
sexually violent offense, if the offender is being sentenced for a	3162
sexually oriented offense that is not a registration-exempt	3163
sexually oriented offense and that the offender committed on or	3164
after January 1, 1997, and the court imposing the sentence has	3165
determined pursuant to division (B) of section 2950.09 of the	3166
Revised Code that the offender is a sexual predator, if the	3167
offender is being sentenced on or after the effective date of this	3168
amendment for a child-victim oriented offense and the court	3169
imposing the sentence has determined pursuant to division (B) of	3170
section 2950.091 of the Revised Code that the offender is a	3171
child-victim predator, or if the offender is being sentenced for	3172
an aggravated sexually oriented offense as defined in section	3173
2950.01 of the Revised Code that the offender committed on or	3174
after the effective date of this amendment, the court shall	3175
include in the offender's sentence a statement that the offender	3176
has been adjudicated as being a sexual predator, has been	3177
adjudicated a child-victim predator, or has been convicted of or	3178
pleaded guilty to an aggravated sexually oriented offense,	3179
whichever is applicable, and shall comply with the requirements of	3180
section 2950.03 of the Revised Code. Additionally, in the	3181
circumstances described in division (G) of section 2929.14 of the	3182
Revised Code, the court shall impose sentence on the offender as	3183
described in that division.	3184

(5) If the sentencing court determines at the sentencing	3185
hearing that a community control sanction should be imposed and	3186
the court is not prohibited from imposing a community control	3187
sanction, the court shall impose a community control sanction. The	3188
court shall notify the offender that, if the conditions of the	3189
sanction are violated, if the offender commits a violation of any	3190
law, or if the offender leaves this state without the permission	3191
of the court or the offender's probation officer, the court may	3192
impose a longer time under the same sanction, may impose a more	3193
restrictive sanction, or may impose a prison term on the offender	3194
and shall indicate the specific prison term that may be imposed as	3195
a sanction for the violation, as selected by the court from the	3196
range of prison terms for the offense pursuant to section 2929.14	3197
of the Revised Code.	3198

(6) Before imposing a financial sanction under section	3199
2929.18 of the Revised Code or a fine under section 2929.25 of the	3200
Revised Code, the court shall consider the offender's present and	3201
future ability to pay the amount of the sanction or fine.	3202

(7) If the sentencing court sentences the offender to a	3203
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3204
the Revised Code that is to be served in a local detention	3205
facility, as defined in section 2929.35 of the Revised Code, and	3206
if the local detention facility is covered by a policy adopted	3207
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3208
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3209
and section 2929.37 of the Revised Code, both of the following	3210
apply:	3211

(a) The court shall specify both of the following as part of	3212
the sentence:	3213

(i) If the offender is presented with an itemized bill	3214
pursuant to section 2929.37 of the Revised Code for payment of the	3215
costs of confinement, the offender is required to pay the bill in	3216
accordance with that section.	3217

(ii) If the offender does not dispute the bill described in	3218
division (B)(7)(a)(i) of this section and does not pay the bill by	3219
the times specified in section 2929.37 of the Revised Code, the	3220
clerk of the court may issue a certificate of judgment against the	3221
offender as described in that section.	3222

(b) The sentence automatically includes any certificate of	3223
judgment issued as described in division (B)(7)(a)(ii) of this	3224
section.	3225

(C)(1) If the offender is being sentenced for a fourth degree	3226
felony OMVI offense under division (G)(1) of section 2929.13 of	3227
the Revised Code, the court shall impose the mandatory term of	3228
local incarceration in accordance with that division, shall impose	3229
a mandatory fine in accordance with division (B)(3) of section	3230
2929.18 of the Revised Code, and, in addition, may impose	3231
additional sanctions as specified in sections 2929.15, 2929.16,	3232
2929.17, and 2929.18 of the Revised Code. The court shall not	3233
impose a prison term on the offender.	3234

(2) If the offender is being sentenced for a third or fourth	3235
degree felony OMVI offense under division (G)(2) of section	3236
2929.13 of the Revised Code, the court shall impose the mandatory	3237
prison term in accordance with that division, shall impose a	3238
mandatory fine in accordance with division (B)(3) of section	3239
2929.18 of the Revised Code, and, in addition, may impose an	3240
additional prison term as specified in section 2929.14 of the	3241
Revised Code. The court shall not impose any community control	3242
sanction on the offender.	3243

(D) The sentencing court, pursuant to division (K) of section	3244
2929.14 of the Revised Code, may recommend placement of the	3245
offender in a program of shock incarceration under section	3246
5120.031 of the Revised Code or an intensive program prison under	3247
section 5120.032 of the Revised Code, disapprove placement of the	3248
offender in a program or prison of that nature, or make no	3249
recommendation. If the court recommends or disapproves placement,	3250
it shall make a finding that gives its reasons for its	3251
recommendation or disapproval.	3252

Sec. 2929.21.  (A) Except as provided in division (G) of this	3253
section or in section 2929.23 of the Revised Code, whoever is	3254
convicted of or pleads guilty to a misdemeanor other than a minor	3255
misdemeanor shall be imprisoned for a definite term or fined, or	3256
both, which term of imprisonment and fine shall be fixed by the	3257
court as provided in this section.	3258

Whoever is convicted of or pleads guilty to committing,	3259
attempting to commit, or complicity in committing a violation of	3260
section 2909.03 of the Revised Code that is a misdemeanor, or a	3261
violation of division (A)(2) of section 2909.06 of the Revised	3262
Code when the means used are fire or explosion, shall be required	3263
to reimburse agencies for their investigation or prosecution costs	3264
in accordance with section 2929.28 of the Revised Code.	3265

(B) Except as provided in division (G) of this section, terms	3266
of imprisonment for misdemeanor shall be imposed as follows:	3267

(1) For a misdemeanor of the first degree, not more than six	3268
months;	3269

(2) For a misdemeanor of the second degree, not more than	3270
ninety days;	3271

(3) For a misdemeanor of the third degree, not more than	3272
sixty days;	3273

(4) For a misdemeanor of the fourth degree, not more than	3274
thirty days.	3275

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

3276

(1) For a misdemeanor of the first degree, not more than one	3277
thousand dollars;	3278

(2) For a misdemeanor of the second degree, not more than	3279
seven hundred fifty dollars;	3280

(3) For a misdemeanor of the third degree, not more than five	3281
hundred dollars;	3282

(4) For a misdemeanor of the fourth degree, not more than two	3283
hundred fifty dollars.	3284

(D) Whoever is convicted of or pleads guilty to a minor	3285
misdemeanor shall be fined not more than one hundred dollars.	3286

(E) The court may require a person who is convicted of or	3287
pleads guilty to a misdemeanor to make restitution for all or part	3288
of the property damage that is caused by the offense and for all	3289
or part of the value of the property that is the subject of any	3290
theft offense, as defined in division (K) of section 2913.01 of	3291
the Revised Code, that the person committed. If the court	3292
determines that the victim of the offense was sixty-five years of	3293
age or older or permanently or totally disabled at the time of the	3294
commission of the offense, the court, regardless of whether the	3295
offender knew the age of victim, shall consider this fact in favor	3296
of imposing restitution, but this fact shall not control the	3297
decision of the court.	3298

(F)(1) If a person is sentenced to a term of imprisonment	3299
pursuant to this section and the term of imprisonment is to be	3300
served in a county jail in a county that has established a county	3301
jail industry program pursuant to section 5147.30 of the Revised	3302
Code, the court shall specify, as part of the sentence, whether	3303
the person may be considered by the county sheriff of that county	3304
for participation in the county jail industry program. The court	3305
shall retain jurisdiction to modify its specification made	3306
pursuant to this division during the person's term of imprisonment	3307
upon a reassessment of the person's qualifications for	3308
participation in the program.	3309

(2) If a person is sentenced to a term of imprisonment	3310
pursuant to this section that is to be served in a local detention	3311
facility, as defined in section 2929.35 of the Revised Code, the	3312
court may impose as part of the sentence pursuant to section	3313
2929.36 of the Revised Code a reimbursement sanction, and, if the	3314
local detention facility is covered by a policy adopted pursuant	3315
to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04,	3316
753.16, 2301.56, or 2947.19 of the Revised Code and section	3317
2929.37 of the Revised Code, both of the following apply:	3318

(a) The court shall specify both of the following as part of	3319
the sentence:	3320

(i) If the person is presented with an itemized bill pursuant	3321
to section 2929.37 of the Revised Code for payment of the costs of	3322
confinement, the person is required to pay the bill in accordance	3323
with that section.	3324

(ii) If the person does not dispute the bill described in	3325
division (F)(2)(a)(i) of this section and does not pay the bill by	3326
the times specified in section 2929.37 of the Revised Code, the	3327
clerk of the court may issue a certificate of judgment against the	3328
person as described in that section.	3329

(b) The sentence automatically includes any certificate of	3330
judgment issued as described in division (F)(2)(a)(ii) of this	3331
section.	3332

(G) If an offender is being sentenced for a sexually oriented	3333
offense that is a misdemeanor committed on or after January 1,	3334
1997, and if the judge imposing sentence for the sexually oriented	3335
offense determines pursuant to division (B) of section 2950.09 of	3336
the Revised Code that the offender is a sexual predator, the judge	3337
shall include in the offender's sentence a statement that the	3338
offender has been adjudicated as being a sexual predator, shall	3339
comply with the requirements of section 2950.03 of the Revised	3340
Code, and shall require the offender to submit to a DNA specimen	3341
collection procedure pursuant to section 2901.07 of the Revised	3342
Code.	3343

(H) Before imposing sentence on an offender who is being	3344
sentenced for a sexually oriented offense that is a misdemeanor,	3345
that was committed on or after January 1, 1997, and that is not a	3346
registration-exempt sexually oriented offense, the judge shall	3347
conduct a hearing in accordance with division (B) of section	3348
2950.09 of the Revised Code to determine whether the offender is a	3349
sexual predator. Before imposing sentence on an offender who is	3350
being sentenced for a sexually oriented offense that is not a	3351
registration-exempt sexually oriented offense, the court also	3352
shall comply with division (E) of section 2950.09 of the Revised	3353
Code.	3354

Before imposing sentence on or after the effective date of	3355
this amendment on an offender who is being sentenced for a	3356
child-victim oriented offense that is a misdemeanor, regardless of	3357
when the offense was committed, the judge shall conduct a hearing	3358
in accordance with division (B) of section 2950.091 of the Revised	3359
Code to determine whether the offender is a child-victim predator.	3360
Before imposing sentence on an offender who is being sentenced for	3361
a child-victim oriented offense, the court also shall comply with	3362
division (E) of section 2950.091 of the Revised Code.	3363

(I) If an offender is being sentenced for a sexually oriented	3364
offense that is not a registration-exempt sexually oriented	3365
offense or for a child-victim oriented offense that is a	3366
misdemeanor committed on or after January 1, 1997, the judge shall	3367
include in the sentence a summary of the offender's duty to	3368
register pursuant to sectionduties imposed under sections 2950.04	3369
of the Revised Code, the offender's duty to provide notice of a	3370
change in residence address and register the new residence address	3371
pursuant to section, 2950.041, 2950.05 of the Revised Code, the	3372
offender's duty to periodically verify the offender's current	3373
residence address pursuant to section, and 2950.06 of the Revised	3374
Code, and the duration of the duties. The judge shall inform the	3375
offender, at the time of sentencing, of those duties and of their	3376
duration and, if required under division (A)(2) of section 2950.03	3377
of the Revised Code, shall perform the duties specified in that	3378
section.	3379

Sec. 2935.36.  (A) The prosecuting attorney may establish	3380
pre-trial diversion programs for adults who are accused of	3381
committing criminal offenses and whom the prosecuting attorney	3382
believes probably will not offend again. The programs shall be	3383
operated pursuant to written standards approved by journal entry	3384
by the presiding judge or, in courts with only one judge, the	3385
judge of the court of common pleas and shall not be applicable to	3386
any of the following:	3387

(1) Repeat offenders or dangerous offenders;

3388

(2) Persons accused of an offense of violence, of a violation	3389
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	3390
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	3391
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	3392
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	3393
Code that, had it occurred prior to July 1, 1996, would have been	3394
a violation of section 2905.04 of the Revised Code as it existed	3395
prior to that date, with the exception that the prosecuting	3396
attorney may permit persons accused of any such offense to enter a	3397
pre-trial diversion program, if the prosecuting attorney finds any	3398
of the following:	3399

(a) The accused did not cause, threaten, or intend serious	3400
physical harm to any person;	3401

(b) The offense was the result of circumstances not likely to	3402
recur;	3403

(c) The accused has no history of prior delinquency or	3404
criminal activity;	3405

(d) The accused has led a law-abiding life for a substantial	3406
time before commission of the alleged offense;	3407

(e) Substantial grounds tending to excuse or justify the	3408
alleged offense.	3409

(3) Persons accused of a violation of Chapter 2925. or 3719.	3410
of the Revised Code;	3411

(4) Drug dependent persons or persons in danger of becoming	3412
drug dependent persons, as defined in section 3719.011 of the	3413
Revised Code. However, this division does not affect the	3414
eligibility of such persons for intervention in lieu of conviction	3415
pursuant to section 2951.041 of the Revised Code.	3416

(5) Persons accused of a violation of section 4511.19 of the	3417
Revised Code or a violation of any substantially similar municipal	3418
ordinance.	3419

(B) An accused who enters a diversion program shall do all of	3420
the following:	3421

(1) Waive, in writing and contingent upon the accused's	3422
successful completion of the program, the accused's right to a	3423
speedy trial, the preliminary hearing, the time period within	3424
which the grand jury may consider an indictment against the	3425
accused, and arraignment, unless the hearing, indictment, or	3426
arraignment has already occurred;	3427

(2) Agree, in writing, to the tolling while in the program of	3428
all periods of limitation established by statutes or rules of	3429
court, that are applicable to the offense with which the accused	3430
is charged and to the conditions of the diversion program	3431
established by the prosecuting attorney.	3432

(C) The trial court, upon the application of the prosecuting	3433
attorney, shall order the release from confinement of any accused	3434
who has agreed to enter a pre-trial diversion program and shall	3435
discharge and release any existing bail and release any sureties	3436
on recognizances and shall release the accused on a recognizance	3437
bond conditioned upon the accused's compliance with the terms of	3438
the diversion program. The prosecuting attorney shall notify every	3439
victim of the crime and the arresting officers of the prosecuting	3440
attorney's intent to permit the accused to enter a pre-trial	3441
diversion program. The victim of the crime and the arresting	3442
officers shall have the opportunity to file written objections	3443
with the prosecuting attorney prior to the commencement of the	3444
pre-trial diversion program.	3445

(D) If the accused satisfactorily completes the diversion	3446
program, the prosecuting attorney shall recommend to the trial	3447
court that the charges against the accused be dismissed, and the	3448
court, upon the recommendation of the prosecuting attorney, shall	3449
dismiss the charges. If the accused chooses not to enter the	3450
prosecuting attorney's diversion program, or if the accused	3451
violates the conditions of the agreement pursuant to which the	3452
accused has been released, the accused may be brought to trial	3453
upon the charges in the manner provided by law, and the waiver	3454
executed pursuant to division (B)(1) of this section shall be void	3455
on the date the accused is removed from the program for the	3456
violation.	3457

(E) As used in this section:

3458

(1) "Repeat offender" means a person who has a history of	3459
persistent criminal activity and whose character and condition	3460
reveal a substantial risk that the person will commit another	3461
offense. It is prima-facie evidence that a person is a repeat	3462
offender if any of the following applies:	3463

(a) Having been convicted of one or more offenses of violence	3464
and having been imprisoned pursuant to sentence for any such	3465
offense, the person commits a subsequent offense of violence;	3466

(b) Having been convicted of one or more sexually oriented	3467
offenses or child-victim oriented offenses, both as defined in	3468
section 2950.01 of the Revised Code, and having been imprisoned	3469
pursuant to sentence for one or more of those offenses, the person	3470
commits a subsequent sexually oriented offense or child-victim	3471
oriented offense;	3472

(c) Having been convicted of one or more theft offenses as	3473
defined in section 2913.01 of the Revised Code and having been	3474
imprisoned pursuant to sentence for one or more of those theft	3475
offenses, the person commits a subsequent theft offense;	3476

(d) Having been convicted of one or more felony drug abuse	3477
offenses as defined in section 2925.01 of the Revised Code and	3478
having been imprisoned pursuant to sentence for one or more of	3479
those felony drug abuse offenses, the person commits a subsequent	3480
felony drug abuse offense;	3481

(e) Having been convicted of two or more felonies and having	3482
been imprisoned pursuant to sentence for one or more felonies, the	3483
person commits a subsequent offense;	3484

(f) Having been convicted of three or more offenses of any	3485
type or degree other than traffic offenses, alcoholic intoxication	3486
offenses, or minor misdemeanors and having been imprisoned	3487
pursuant to sentence for any such offense, the person commits a	3488
subsequent offense.	3489

(2) "Dangerous offender" means a person who has committed an	3490
offense, whose history, character, and condition reveal a	3491
substantial risk that the person will be a danger to others, and	3492
whose conduct has been characterized by a pattern of repetitive,	3493
compulsive, or aggressive behavior with heedless indifference to	3494
the consequences.	3495

Sec. 2950.01. As used in this chapter, unless the context	3496
clearly requires otherwise:	3497

(A) "Confinement" includes, but is not limited to, a	3498
community residential sanction imposed pursuant to section 2929.16	3499
of the Revised Code.	3500

(B) "Habitual sex offender" means, except when a juvenile	3501
judge removes this classification pursuant to division (A)(2) of	3502
section 2152.84 or division (C)(2) of section 2152.85 of the	3503
Revised Code, a person to whom both of the following apply:	3504

(1) The person is convicted of or pleads guilty to a sexually	3505
oriented offense that is not a registration-exempt sexually	3506
oriented offense, or the person is adjudicated a delinquent child	3507
for committing on or after January 1, 2002, a sexually oriented	3508
offense that is not a registration-exempt sexually oriented	3509
offense, was fourteen years of age or older at the time of	3510
committing the offense, and is classified a juvenile sex offender	3511
registrant based on that adjudication.	3512

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

3513

(a) Regarding a person who is an offender, the person	3514
previously was convicted of or pleaded guilty to one or more	3515
sexually oriented offenses or child-victim oriented offenses or	3516
previously was adjudicated a delinquent child for committing one	3517
or more sexually oriented offenses or child-victim oriented	3518
offenses and was classified a juvenile sex offender registrant or	3519
out-of-state juvenile sex offender registrant based on one or more	3520
of those adjudications, regardless of when the offense was	3521
committed and regardless of the person's age at the time of	3522
committing the offense.	3523

(b) Regarding a delinquent child, the person previously was	3524
convicted of, pleaded guilty to, or was adjudicated a delinquent	3525
child for committing one or more sexually oriented offenses or	3526
child-victim oriented offenses, regardless of when the offense was	3527
committed and regardless of the person's age at the time of	3528
committing the offense.	3529

(C) "Prosecutor" has the same meaning as in section 2935.01	3530
of the Revised Code.	3531

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

3532

(1) Any of the following violations or offenses committed by	3533
a person eighteen years of age or older:	3534

(a) Regardless of the age of the victim of the offense, a	3535
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of	3536
the Revised Code;	3537

(b) Any of the following offenses involving a minor, in the	3538
circumstances specified:	3539

(i) A violation of division (A)(4) of section 2905.01,	3540
2905.02, 2905.03, 2905.05, or section 2907.04 or former section	3541
2905.04, 2907.06, or 2907.08 of the Revised Code, when the victim	3542
of the offense is under eighteen years of age;	3543

(ii) A violation of section 2907.21 of the Revised Code when	3544
the person who is compelled, induced, procured, encouraged,	3545
solicited, requested, or facilitated to engage in, paid or agreed	3546
to be paid for, or allowed to engage in the sexual activity in	3547
question is under eighteen years of age;	3548

(iii) A violation of division (A)(1) or (3) of section	3549
2907.321 or 2907.322 of the Revised Code;	3550

(iv) A violation of division (A)(1) or (2) of section	3551
2907.323 of the Revised Code;	3552

(v) A violation of division (B)(5) of section 2919.22 of the	3553
Revised Code when the child who is involved in the offense is	3554
under eighteen years of age;	3555

(vi) A violation of division (D) or (E) of section 2907.07 of	3556
the Revised Code(A)(1), (2), (3), or (5) of section 2905.01, of	3557
section 2903.211, 2905.02, 2905.03, or 2905.05, or of former	3558
section 2905.04 of the Revised Code, when the victim of the	3559
offense is under eighteen years of age and the offense is	3560
committed with a sexual motivation.	3561

(c) Regardless of the age of the victim of the offense, a	3562
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	3563
Revised Code, or of division (A) of section 2903.04 of the Revised	3564
Code, that is committed with a purpose to gratify the sexual needs	3565
or desires of the offendersexual motivation;	3566

(d) A sexually violent offense;

3567

(e) A violation of section 2907.06 or 2907.08 of the Revised	3568
Code when the victim of the offense is eighteen years of age or	3569
older, or a violation of section 2903.211 of the Revised Code when	3570
the victim of the offense is eighteen years of age or older and	3571
the offense is committed with a sexual motivation;	3572

(f) A violation of any former law of this state, any existing	3573
or former municipal ordinance or law of another state or the	3574
United States, or any existing or former law applicable in a	3575
military court or in an Indian tribal court, or any existing or	3576
former law of any nation other than the United States, that is or	3577
was substantially equivalent to any offense listed in division	3578
(D)(1)(a), (b), (c), or (d), or (e) of this section;	3579

(f)(g) An attempt to commit, conspiracy to commit, or	3580
complicity in committing any offense listed in division (D)(1)(a),	3581
(b), (c), (d), or (e), or (f) of this section.	3582

(2) An act committed by a person under eighteen years of age	3583
that is any of the following:	3584

(a) Subject to division (D)(2)(h)(i) of this section,	3585
regardless of the age of the victim of the violation, a violation	3586
of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised	3587
Code;	3588

(b) Subject to division (D)(2)(h)(i) of this section, any of	3589
the following acts involving a minor in the circumstances	3590
specified:	3591

(i) A violation of division (A)(4) of section 2905.01 or	3592
2905.02section 2907.06 or 2907.08 of the Revised Code, or of	3593
former section 2905.04 of the Revised Code, when the victim of the	3594
violation is under eighteen years of age;	3595

(ii) A violation of section 2907.21 of the Revised Code when	3596
the person who is compelled, induced, procured, encouraged,	3597
solicited, requested, or facilitated to engage in, paid or agreed	3598
to be paid for, or allowed to engage in the sexual activity in	3599
question is under eighteen years of age;	3600

(iii) A violation of division (B)(5) of section 2919.22 of	3601
the Revised Code when the child who is involved in the violation	3602
is under eighteen years of age;	3603

(iv) A violation of division (A)(1), (2), (3), or (5) of	3604
section 2905.01, section 2903.211, or former section 2905.04 of	3605
the Revised Code, when the victim of the violation is under	3606
eighteen years of age and the offense is committed with a sexual	3607
motivation.	3608

(c) Subject to division (D)(2)(h)(i) of this section, any	3609
sexually violent offense that, if committed by an adult, would be	3610
a felony of the first, second, third, or fourth degree;	3611

(d) Subject to division (D)(2)(h)(i) of this section, a	3612
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	3613
2905.02 of the Revised Code, a violation of division (A) of	3614
section 2903.04 of the Revised Code, or an attempt to violate any	3615
of those sections or that division that is committed with a	3616
purpose to gratify the sexual needs or desires of the child	3617
committing the violationsexual motivation;	3618

(e) Subject to division (D)(2)(h)(i) of this section, a	3619
violation of division (A)(1) or (3) of section 2907.321, division	3620
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	3621
section 2907.323 of the Revised Code, or an attempt to violate any	3622
of those divisions, if the person who violates or attempts to	3623
violate the division is four or more years older than the minor	3624
who is the victim of the violation;	3625

(f) Subject to division (D)(2)(i) of this section, a	3626
violation of section 2907.06 or 2907.08 of the Revised Code when	3627
the victim of the violation is eighteen years of age or older, or	3628
a violation of section 2903.211 of the Revised Code when the	3629
victim of the violation is eighteen years of age or older and the	3630
offense is committed with a sexual motivation;	3631

(g) Subject to division (D)(2)(h)(i) of this section, any	3632
violation of any former law of this state, any existing or former	3633
municipal ordinance or law of another state or the United States,	3634
or any existing or former law applicable in a military court or in	3635
an Indian tribal court, or any existing or former law of any	3636
nation other than the United States, that is or was substantially	3637
equivalent to any offense listed in division (D)(2)(a), (b), (c),	3638
(d), or (e), or (f) of this section and that, if committed by an	3639
adult, would be a felony of the first, second, third, or fourth	3640
degree;	3641

(g)(h) Subject to division (D)(2)(h)(i) of this section, any	3642
attempt to commit, conspiracy to commit, or complicity in	3643
committing any offense listed in division (D)(2)(a), (b), (c),	3644
(d), (e), or (f), or (g) of this section;	3645

(h)(i) If the child's case has been transferred for criminal	3646
prosecution under section 2152.12 of the Revised Code, the act is	3647
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	3648
(f), or (g) of this section or would be any offense listed in any	3649
of those divisions if committed by an adult.	3650

(E) "Sexual predator" means a person to whom either of the	3651
following applies:	3652

(1) The person has been convicted of or pleaded guilty to	3653
committing a sexually oriented offense that is not a	3654
registration-exempt sexually oriented offense and is likely to	3655
engage in the future in one or more sexually oriented offenses.	3656

(2) The person has been adjudicated a delinquent child for	3657
committing a sexually oriented offense that is not a	3658
registration-exempt sexually oriented offense, was fourteen years	3659
of age or older at the time of committing the offense, was	3660
classified a juvenile sex offender registrant based on that	3661
adjudication, and is likely to engage in the future in one or more	3662
sexually oriented offenses.	3663

(F) "Supervised release" means a release of an offender from	3664
a prison term, a term of imprisonment, or another type of	3665
confinement that satisfies either of the following conditions:	3666

(1) The release is on parole, a conditional pardon, or	3667
probation, under transitional control, or under a post-release	3668
control sanction, and it requires the person to report to or be	3669
supervised by a parole officer, probation officer, field officer,	3670
or another type of supervising officer.	3671

(2) The release is any type of release that is not described	3672
in division (F)(1) of this section and that requires the person to	3673
report to or be supervised by a probation officer, a parole	3674
officer, a field officer, or another type of supervising officer.	3675

(G) An offender or delinquent child is "adjudicated as being	3676
a sexual predator" or "adjudicated a sexual predator" if any of	3677
the following applies and if, regarding a delinquent child, that	3678
status has not been removed pursuant to section 2152.84, 2152.85,	3679
or 2950.09 of the Revised Code:	3680

(1) The offender is convicted of or pleads guilty to	3681
committing, on or after January 1, 1997, a sexually oriented	3682
offense that is a sexually violent offense and that is not a	3683
registration-exempt sexually oriented offense and also is	3684
convicted of or pleads guilty to a sexually violent predator	3685
specification that was included in the indictment, count in the	3686
indictment, or information that charged the sexually violent	3687
offense.	3688

(2) Regardless of when the sexually oriented offense was	3689
committed, on or after January 1, 1997, the offender is sentenced	3690
for a sexually oriented offense that is not a registration-exempt	3691
sexually oriented offense, and the sentencing judge determines	3692
pursuant to division (B) of section 2950.09 of the Revised Code	3693
that the offender is a sexual predator.	3694

(3) The delinquent child is adjudicated a delinquent child	3695
for committing a sexually oriented offense that is not a	3696
registration-exempt sexually oriented offense, was fourteen years	3697
of age or older at the time of committing the offense, and has	3698
been classified a juvenile sex offender registrant based on that	3699
adjudication, and the adjudicating judge or that judge's successor	3700
in office determines pursuant to division (B) of section 2950.09	3701
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	3702
the Revised Code that the delinquent child is a sexual predator.	3703

(4) Prior to January 1, 1997, the offender was convicted of	3704
or pleaded guilty to, and was sentenced for, a sexually oriented	3705
offense that is not a registration-exempt sexually oriented	3706
offense, the offender is imprisoned in a state correctional	3707
institution on or after January 1, 1997, and the court determines	3708
pursuant to division (C) of section 2950.09 of the Revised Code	3709
that the offender is a sexual predator.	3710

(5) Regardless of when the sexually oriented offense was	3711
committed, the offender or delinquent child is convicted of or	3712
pleads guilty to, has been convicted of or pleaded guilty to, or	3713
is adjudicated a delinquent child for committing a sexually	3714
oriented offense that is not a registration-exempt sexually	3715
oriented offense in another state or, in a federal court, military	3716
court, or an Indian tribal court, or in a court in any nation	3717
other than the United States, as a result of that conviction, plea	3718
of guilty, or adjudication, the offender or delinquent child is	3719
required, under the law of the jurisdiction in which the offender	3720
was convicted or pleaded guilty or the delinquent child was	3721
adjudicated, to register as a sex offender until the offender's or	3722
delinquent child's death and to verify the offender's or	3723
delinquent child's address on at least a quarterly basis each	3724
year, and, on or after July 1, 1997, for offenders or January 1,	3725
2002, for delinquent children, the offender or delinquent child	3726
moves to and resides in this state or temporarily is domiciled in	3727
this state for more than sevenfive days or the offender is	3728
required under section 2950.04 of the Revised Code to register a	3729
school, institution of higher education, or place of employment	3730
address in this state, unless a court of common pleas or juvenile	3731
court determines that the offender or delinquent child is not a	3732
sexual predator pursuant to division (F) of section 2950.09 of the	3733
Revised Code.	3734

(H) "Sexually violent predator specification," and "sexually	3735
violent offense," "sexual motivation," and "violent sex offense"	3736
have the same meanings as in section 2971.01 of the Revised Code.	3737

(I) "Post-release control sanction" and "transitional	3738
control" have the same meanings as in section 2967.01 of the	3739
Revised Code.	3740

(J) "Juvenile sex offender registrant" means a person who is	3741
adjudicated a delinquent child for committing on or after January	3742
1, 2002, a sexually oriented offense that is not a	3743
registration-exempt sexually oriented offense or a child-victim	3744
oriented offense, who is fourteen years of age or older at the	3745
time of committing the offense, and who a juvenile court judge,	3746
pursuant to an order issued under section 2152.82, 2152.83,	3747
2152.84, or 2152.85 of the Revised Code, classifies a juvenile sex	3748
offender registrant and specifies has a duty to register under	3749
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	3750
Revised Code if the child committed a sexually oriented offense or	3751
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	3752
if the child committed a child-victim oriented offense. "Juvenile	3753
offender registrant" includes a person who, prior to the effective	3754
date of this amendment, was a "juvenile sex offender registrant"	3755
under the former definition of that former term.	3756

(K) "Secure facility" means any facility that is designed and	3757
operated to ensure that all of its entrances and exits are locked	3758
and under the exclusive control of its staff and to ensure that,	3759
because of that exclusive control, no person who is	3760
institutionalized or confined in the facility may leave the	3761
facility without permission or supervision.	3762

(L) "Out-of-state juvenile sex offender registrant" means a	3763
person who is adjudicated a delinquent child for committing a	3764
sexually oriented offense in a court in another state or, in a	3765
federal court, military court, or Indian tribal court, or in a	3766
court in any nation other than the United States for committing a	3767
sexually oriented offense that is not a registration-exempt	3768
sexually oriented offense or a child-victim oriented offense, who	3769
on or after January 1, 2002, moves to and resides in this state or	3770
temporarily is domiciled in this state for more than sevenfive	3771
days, and who has a duty under section 2950.04 of the Revised Code	3772
has a duty to register in this state as described in that section	3773
and the duty to otherwise comply with that section and sections	3774
2950.05 and 2950.06 of the Revised Code if the child committed a	3775
sexually oriented offense or has a duty under section 2950.041 of	3776
the Revised Code to register in this state and the duty to	3777
otherwise comply with that section and sections 2950.05 and	3778
2950.06 of the Revised Code if the child committed a child-victim	3779
oriented offense. "Out-of-state juvenile offender registrant"	3780
includes a person who, prior to the effective date of this	3781
amendment, was an "out-of-state juvenile sex offender registrant"	3782
under the former definition of that former term.	3783

(M) "Juvenile court judge" includes a magistrate to whom the	3784
juvenile court judge confers duties pursuant to division (A)(15)	3785
of section 2151.23 of the Revised Code.	3786

(N) "Adjudicated a delinquent child for committing a sexually	3787
oriented offense" includes a child who receives a serious youthful	3788
offender dispositional sentence under section 2152.13 of the	3789
Revised Code for committing a sexually oriented offense.	3790

(O) "Aggravated sexually oriented offense" means a violation	3791
of division (A)(1)(b) of section 2907.02 of the Revised Code	3792
committed on or after June 13, 2002, or a violation of division	3793
(A)(2) of that section committed on or after the effective date of	3794
this amendment.	3795

(P)(1) "Presumptive registration-exempt sexually oriented	3796
offense" means any of the following sexually oriented offenses	3797
described in division (P)(1)(a), (b), (c), (d), or (e) of this	3798
section, when the offense is committed by a person who previously	3799
has not been convicted of, pleaded guilty to, or adjudicated a	3800
delinquent child for committing any sexually oriented offense	3801
described in division (P)(1)(a), (b), (c), (d), or (e) of this	3802
section, any other sexually oriented offense, or any child-victim	3803
oriented offense and when the victim or intended victim of the	3804
offense is eighteen years of age or older:	3805

(a) Any sexually oriented offense listed in division	3806
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	3807
is eighteen years of age or older or, subject to division	3808
(P)(1)(e) of this section, committed by a person who is under	3809
eighteen years of age;	3810

(b) Any violation of any former law of this state, any	3811
existing or former municipal ordinance or law of another state or	3812
the United States, any existing or former law applicable in a	3813
military court or in an Indian tribal court, or any existing or	3814
former law of any nation other than the United States that is	3815
committed by a person who is eighteen years of age or older and	3816
that is or was substantially equivalent to any sexually oriented	3817
offense listed in division (P)(1)(a) of this section;	3818

(c) Subject to division (P)(1)(e) of this section, any	3819
violation of any former law of this state, any existing or former	3820
municipal ordinance or law of another state or the United States,	3821
any existing or former law applicable in a military court or in an	3822
Indian tribal court, or any existing or former law of any nation	3823
other than the United States that is committed by a person who is	3824
under eighteen years of age, that is or was substantially	3825
equivalent to any sexually oriented offense listed in division	3826
(P)(1)(a) of this section, and that would be a felony of the	3827
fourth degree if committed by an adult;	3828

(d) Any attempt to commit, conspiracy to commit, or	3829
complicity in committing any offense listed in division (P)(1)(a)	3830
or (b) of this section if the person is eighteen years of age or	3831
older or, subject to division (P)(1)(e) of this section, listed in	3832
division (P)(1)(a) or (c) of this section if the person is under	3833
eighteen years of age.	3834

(e) Regarding an act committed by a person under eighteen	3835
years of age, if the child's case has been transferred for	3836
criminal prosecution under section 2152.12 of the Revised Code,	3837
the act is any sexually oriented offense listed in division	3838
(P)(1)(a), (b), or (d) of this section.	3839

(2) "Presumptive registration-exempt sexually oriented	3840
offense" does not include any sexually oriented offense described	3841
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	3842
is committed by a person who previously has been convicted of,	3843
pleaded guilty to, or adjudicated a delinquent child for	3844
committing any sexually oriented offense described in division	3845
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	3846
sexually oriented offense.	3847

(Q)(1) "Registration-exempt sexually oriented offense" means	3848
any presumptive registration-exempt sexually oriented offense, if	3849
a court does not issue an order under section 2950.021 of the	3850
Revised Code that removes the presumptive exemption and subjects	3851
the offender who was convicted of or pleaded guilty to the offense	3852
to registration under section 2950.04 of the Revised Code and all	3853
other duties and responsibilities generally imposed under this	3854
chapter upon persons who are convicted of or plead guilty to any	3855
sexually oriented offense other than a presumptive	3856
registration-exempt sexually oriented offense or that removes the	3857
presumptive exemption and potentially subjects the child who was	3858
adjudicated a delinquent child for committing the offense to	3859
classification as a juvenile offender registrant under sections	3860
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	3861
registration under section 2950.04 of the Revised Code and all	3862
other duties and responsibilities generally imposed under this	3863
chapter upon persons who are adjudicated delinquent children for	3864
committing a sexually oriented offense other than a presumptive	3865
registration-exempt sexually oriented offense.	3866

(2) "Registration-exempt sexually oriented offense" does not	3867
include a presumptive registration-exempt sexually oriented	3868
offense if a court issues an order under section 2950.021 of the	3869
Revised Code that removes the presumptive exemption and subjects	3870
the offender or potentially subjects the delinquent child to the	3871
duties and responsibilities described in division (Q)(1) of this	3872
section.	3873

(R) "School" and "school premises" have the same meanings as	3874
in section 2925.01 of the Revised Code.	3875

(S)(1) "Child-victim oriented offense" means any of the	3876
following:	3877

(a) Subject to division (S)(2) of this section, any of the	3878
following violations or offenses committed by a person eighteen	3879
years of age or older, when the victim of the violation is under	3880
eighteen years of age and is not a child of the person who commits	3881
the violation:	3882

(i) A violation of division (A)(1), (2), (3), or (5) of	3883
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	3884
former section 2905.04 of the Revised Code;	3885

(ii) A violation of any former law of this state, any	3886
existing or former municipal ordinance or law of another state or	3887
the United States, any existing or former law applicable in a	3888
military court or in an Indian tribal court, or any existing or	3889
former law of any nation other than the United States, that is or	3890
was substantially equivalent to any offense listed in division	3891
(S)(1)(a)(i) of this section;	3892

(iii) An attempt to commit, conspiracy to commit, or	3893
complicity in committing any offense listed in division	3894
(S)(1)(a)(i) or (ii) of this section.	3895

(b) Subject to division (S)(2) of this section, an act	3896
committed by a person under eighteen years of age that is any of	3897
the following, when the victim of the violation is under eighteen	3898
years of age and is not a child of the person who commits the	3899
violation:	3900

(i) Subject to division (S)(1)(b)(iv) of this section, a	3901
violation of division (A)(1), (2), (3), or (5) of section 2905.01	3902
or of former section 2905.04 of the Revised Code;	3903

(ii) Subject to division (S)(1)(b)(iv) of this section, any	3904
violation of any former law of this state, any existing or former	3905
municipal ordinance or law of another state or the United States,	3906
any existing or former law applicable in a military court or in an	3907
Indian tribal court, or any existing or former law of any nation	3908
other than the United States, that is or was substantially	3909
equivalent to any offense listed in division (S)(1)(b)(i) of this	3910
section and that, if committed by an adult, would be a felony of	3911
the first, second, third, or fourth degree;	3912

(iii) Subject to division (S)(1)(b)(iv) of this section, any	3913
attempt to commit, conspiracy to commit, or complicity in	3914
committing any offense listed in division (S)(1)(b)(i) or (ii) of	3915
this section;	3916

(iv) If the child's case has been transferred for criminal	3917
prosecution under section 2152.12 of the Revised Code, the act is	3918
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	3919
this section or would be any offense listed in any of those	3920
divisions if committed by an adult.	3921

(2) "Child-victim oriented offense" does not include any	3922
offense identified in division (S)(1)(a) or (b) of this section	3923
that is a sexually violent offense. An offense identified in	3924
division (S)(1)(a) or (b) of this section that is a sexually	3925
violent offense is within the definition of a sexually oriented	3926
offense.	3927

(T)(1) "Habitual child-victim offender" means, except when a	3928
juvenile judge removes this classification pursuant to division	3929
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	3930
the Revised Code, a person to whom both of the following apply:	3931

(a) The person is convicted of or pleads guilty to a	3932
child-victim oriented offense, or the person is adjudicated a	3933
delinquent child for committing on or after January 1, 2002, a	3934
child-victim oriented offense, was fourteen years of age or older	3935
at the time of committing the offense, and is classified a	3936
juvenile offender registrant based on that adjudication.	3937

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

3938

(i) Regarding a person who is an offender, the person	3939
previously was convicted of or pleaded guilty to one or more	3940
child-victim oriented offenses or previously was adjudicated a	3941
delinquent child for committing one or more child-victim oriented	3942
offenses and was classified a juvenile offender registrant or	3943
out-of-state juvenile offender registrant based on one or more of	3944
those adjudications, regardless of when the offense was committed	3945
and regardless of the person's age at the time of committing the	3946
offense.	3947

(ii) Regarding a delinquent child, the person previously was	3948
convicted of, pleaded guilty to, or was adjudicated a delinquent	3949
child for committing one or more child-victim oriented offenses,	3950
regardless of when the offense was committed and regardless of the	3951
person's age at the time of committing the offense.	3952

(2) "Habitual child-victim offender" includes a person who	3953
has been convicted of, pleaded guilty to, or adjudicated a	3954
delinquent child for committing, a child-victim oriented offense	3955
and who, on and after the effective date of this amendment, is	3956
automatically classified a habitual child-victim offender pursuant	3957
to division (E) of section 2950.091 of the Revised Code.	3958

(U) "Child-victim predator" means a person to whom either of	3959
the following applies:	3960

(1) The person has been convicted of or pleaded guilty to	3961
committing a child-victim oriented offense and is likely to engage	3962
in the future in one or more child-victim oriented offenses.	3963

(2) The person has been adjudicated a delinquent child for	3964
committing a child-victim oriented offense, was fourteen years of	3965
age or older at the time of committing the offense, was classified	3966
a juvenile offender registrant based on that adjudication, and is	3967
likely to engage in the future in one or more child-victim	3968
oriented offenses.	3969

(V) An offender or delinquent child is "adjudicated as being	3970
a child-victim predator" or "adjudicated a child-victim predator"	3971
if any of the following applies and if, regarding a delinquent	3972
child, that status has not been removed pursuant to section	3973
2152.84, 2152.85, or 2950.09 of the Revised Code:	3974

(1) The offender or delinquent child has been convicted of,	3975
pleaded guilty to, or adjudicated a delinquent child for	3976
committing, a child-victim oriented offense and, on and after the	3977
effective date of this amendment, is automatically classified a	3978
child-victim predator pursuant to division (A) of section 2950.091	3979
of the Revised Code.	3980

(2) Regardless of when the child-victim oriented offense was	3981
committed, on or after the effective date of this amendment, the	3982
offender is sentenced for a child-victim oriented offense, and the	3983
sentencing judge determines pursuant to division (B) of section	3984
2950.091 of the Revived Code that the offender is a child-victim	3985
predator.	3986

(3) The delinquent child is adjudicated a delinquent child	3987
for committing a child-victim oriented offense, was fourteen years	3988
of age or older at the time of committing the offense, and has	3989
been classified a juvenile offender registrant based on that	3990
adjudication, and the adjudicating judge or that judge's successor	3991
in office determines pursuant to division (B) of section 2950.09	3992
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	3993
the Revised Code that the delinquent child is a child-victim	3994
predator.	3995

(4) Prior to the effective date of this section, the offender	3996
was convicted of or pleaded guilty to a child-victim oriented	3997
offense, at the time of the conviction or guilty plea, the offense	3998
was considered a sexually oriented offense, on or after the	3999
effective date of this amendment, the offender is serving a term	4000
of imprisonment in a state correctional institution, and the court	4001
determines pursuant to division (C) of section 2950.091 of the	4002
Revised Code that the offender is a child-victim predator.	4003

(5) Regardless of when the child-victim oriented offense was	4004
committed, the offender or delinquent child is convicted, pleads	4005
guilty, has been convicted, pleaded guilty, or adjudicated a	4006
delinquent child in a court in another state, in a federal court,	4007
military court, or Indian tribal court, or in a court in any	4008
nation other than the United States for committing a child-victim	4009
oriented offense, as a result of that conviction, plea of guilty,	4010
or adjudication, the offender or delinquent child is required	4011
under the law of the jurisdiction in which the offender was	4012
convicted or pleaded guilty or the delinquent child was	4013
adjudicated, to register as a child-victim offender or sex	4014
offender until the offender's or delinquent child's death, and, on	4015
or after July 1, 1997, for offenders or January 1, 2002, for	4016
delinquent children the offender or delinquent child moves to and	4017
resides in this state or temporarily is domiciled in this state	4018
for more than five days or the offender is required under section	4019
2950.041 of the Revised Code to register a school, institution of	4020
higher education, or place of employment address in this state,	4021
unless a court of common pleas or juvenile court determines that	4022
the offender or delinquent child is not a child-victim predator	4023
pursuant to division (F) of section 2950.091 of the Revised Code.	4024

(W) "Residential premises" means the building in which a	4025
residential unit is located and the grounds upon which that	4026
building stands, extending to the perimeter of the property.	4027
"Residential premises" includes any type of structure in which a	4028
residential unit is located, including, but not limited to,	4029
multi-unit buildings and mobile and manufactured homes.	4030

(X) "Residential unit" means a dwelling unit for residential	4031
use and occupancy, and includes the structure or part of a	4032
structure that is used as a home, residence, or sleeping place by	4033
one person who maintains a household or two or more persons who	4034
maintain a common household.	4035

(Y) "Multi-unit building" means a building in which is	4036
located more than twelve residential units that have entry doors	4037
that open directly into the unit from a hallway that is shared	4038
with one or more other units. A residential unit is not considered	4039
located in a multi-unit building if the unit does not have an	4040
entry door that opens directly into the unit from a hallway that	4041
is shared with one or more other units or if the unit is in a	4042
building that is not a multi-unit building as described in this	4043
division.	4044

Sec. 2950.02.  (A) The general assembly hereby determines and	4045
declares that it recognizes and finds all of the following:	4046

(1) If the public is provided adequate notice and information	4047
about sexual predators, habitual sex offenders, and certain other	4048
offenders and delinquent children who commit sexually oriented	4049
offenses that are not registration-exempt sexually oriented	4050
offenses or who commit child-victim oriented offenses, members of	4051
the public and communities can develop constructive plans to	4052
prepare themselves and their children for the sexual predator's,	4053
habitual sex offender's, or other offender's or delinquent child's	4054
release from imprisonment, a prison term, or other confinement or	4055
detention. This allows members of the public and communities to	4056
meet with members of law enforcement agencies to prepare and	4057
obtain information about the rights and responsibilities of the	4058
public and the communities and to provide education and counseling	4059
to their children.	4060

(2) Sexual predators and habitual sexSex offenders and	4061
offenders who commit child-victim oriented offenses pose a high	4062
risk of engaging in further offensessexually abusive behavior	4063
even after being released from imprisonment, a prison term, or	4064
other confinement or detention, and that protection of members of	4065
the public from sexual predators and habitual sex offenders and	4066
offenders who commit child-victim oriented offenses is a paramount	4067
governmental interest.	4068

(3) The penal, juvenile, and mental health components of the	4069
justice system of this state are largely hidden from public view,	4070
and a lack of information from any component may result in the	4071
failure of the system to satisfy this paramount governmental	4072
interest of public safety described in division (A)(2) of this	4073
section.	4074

(4) Overly restrictive confidentiality and liability laws	4075
governing the release of information about sexual predators and	4076
habitual sex offenders and offenders who commit child-victim	4077
oriented offenses have reduced the willingness to release	4078
information that could be appropriately released under the public	4079
disclosure laws and have increased risks of public safety.	4080

(5) A person who is found to be a sexual predator or a	4081
habitual sex offender or to have committed a child-victim oriented	4082
offense has a reduced expectation of privacy because of the	4083
public's interest in public safety and in the effective operation	4084
of government.	4085

(6) The release of information about sexual predators and	4086
habitual sex offenders and offenders who commit child-victim	4087
oriented offenses to public agencies and the general public will	4088
further the governmental interests of public safety and public	4089
scrutiny of the criminal, juvenile, and mental health systems as	4090
long as the information released is rationally related to the	4091
furtherance of those goals.	4092

(B) The general assembly hereby declares that, in providing	4093
in this chapter for registration regarding sexual predators,	4094
habitual sex offenders, and offenders and certain delinquent	4095
children who have committed sexually oriented offenses that are	4096
not registration-exempt sexually oriented offenses or who have	4097
committed child-victim oriented offenses and for community	4098
notification regarding sexual predators and, child-victim	4099
predators, habitual sex offenders, and habitual child-victim	4100
offenders who are about to be or have been released from	4101
imprisonment, a prison term, or other confinement or detention and	4102
who will live in or near a particular neighborhood or who	4103
otherwise will live in or near a particular neighborhood, it is	4104
the general assembly's intent to protect the safety and general	4105
welfare of the people of this state. The general assembly further	4106
declares that it is the policy of this state to require the	4107
exchange in accordance with this chapter of relevant information	4108
about sexual predators and habitual sex offenders and offenders	4109
who commit child-victim oriented offenses among public agencies	4110
and officials and to authorize the release in accordance with this	4111
chapter of necessary and relevant information about sexual	4112
predators and habitual sex offenders and offenders who commit	4113
child-victim oriented offenses to members of the general public as	4114
a means of assuring public protection and that the exchange or	4115
release of that information is not punitive.	4116

Sec. 2950.021. (A) If an offender is convicted of or pleads	4117
guilty to, or a child is adjudicated a delinquent child for	4118
committing, any presumptive registration-exempt sexually oriented	4119
offense, the court that is imposing sentence on the offender for	4120
that offense or the juvenile court that is making the disposition	4121
of the delinquent child for that offense may determine, prior to	4122
imposing the sentence or making the disposition, that the offender	4123
should be subjected to registration under section 2950.04 of the	4124
Revised Code and all other duties and responsibilities generally	4125
imposed under this chapter upon persons who are convicted of or	4126
plead guilty to any sexually oriented offense other than a	4127
presumptive registration-exempt sexually oriented offense or that	4128
the child potentially should be subjected to classification as a	4129
juvenile offender registrant under sections 2152.82, 2152.83,	4130
2152.84, or 2152.85 of the Revised Code and to registration under	4131
section 2950.04 of the Revised Code and all other duties and	4132
responsibilities generally imposed under this chapter upon persons	4133
who are adjudicated delinquent children for committing a sexually	4134
oriented offense other than a presumptive registration-exempt	4135
sexually oriented offense. The court may make a determination as	4136
described in this division without a hearing but may conduct a	4137
hearing on the matter. In making a determination under this	4138
division, the court shall consider all relevant factors,	4139
including, but not limited to, public safety, the interests of	4140
justice, and the determinations, findings, and declarations of the	4141
general assembly regarding sex offenders and child-victim	4142
offenders that are set forth in section 2950.02 of the Revised	4143
Code.	4144

(B) If a court determines under division (A) of this section	4145
that an offender who has been convicted of or pleaded guilty to a	4146
presumptive registration-exempt sexually oriented offense should	4147
be subjected to registration under section 2950.04 of the Revised	4148
Code and all other duties and responsibilities generally imposed	4149
under this chapter upon persons who are convicted of or plead	4150
guilty to any sexually oriented offense other than a presumptive	4151
registration-exempt sexually oriented offense or that a delinquent	4152
child potentially should be subjected to classification as a	4153
juvenile offender registrant under sections 2152.82, 2152.83,	4154
2152.84, or 2152.85 of the Revised Code and to registration under	4155
section 2950.04 of the Revised Code and all other duties and	4156
responsibilities generally imposed under this chapter upon persons	4157
who are adjudicated delinquent children for committing a sexually	4158
oriented offense other than a presumptive registration-exempt	4159
sexually oriented offense, all of the following apply:	4160

(1) The court shall issue an order that contains its	4161
determination and that removes the presumptive exemption from	4162
registration for the sexually oriented offense, shall include the	4163
order in the offender's sentence or in the delinquent child's	4164
dispositional order, and shall enter the order in the record in	4165
the case.	4166

(2) Regarding an offender, the presumptive exemption from	4167
registration is terminated, and the offender is subject to	4168
registration under section 2950.04 of the Revised Code and all	4169
other duties and responsibilities generally imposed under this	4170
chapter upon persons who are convicted of or plead guilty to any	4171
sexually oriented offense other than a presumptive	4172
registration-exempt sexually oriented offense.	4173

(3) Regarding a delinquent child, the presumptive exemption	4174
from registration is terminated, the delinquent child is	4175
potentially subject to classification as a juvenile offender	4176
registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of	4177
the Revised Code and to registration under section 2950.04 of the	4178
Revised Code and all other duties and responsibilities generally	4179
imposed under this chapter upon persons who are adjudicated	4180
delinquent children for committing a sexually oriented offense	4181
other than a presumptive registration-exempt sexually oriented	4182
offense, and the juvenile court shall proceed as required and may	4183
proceed as authorized under section 2152.82, 2152.83, 2152.84, or	4184
2152.85 of the Revised Code regarding the child in the same manner	4185
as for persons who are adjudicated delinquent children for	4186
committing a sexually oriented offense other than a presumptive	4187
registration-exempt sexually oriented offense.	4188

Sec. 2950.022. There is hereby created in the state treasury	4189
the sex offender technology fund. The attorney general shall	4190
administer the fund. The fund shall be used only for the following	4191
purposes:	4192

(A) The establishment and operation by the attorney general	4193
of a sex offender and child-victim offender tracking program as	4194
described in division (A) of section 2950.13 of the Revised Code,	4195
including, if applicable, any costs associated with publicly	4196
disseminating or causing to be publicly disseminated by means of	4197
the internet as described in division (B) of that section the	4198
information contained in the program;	4199

(B) The making of payments to sheriffs for their costs in	4200
publicly disseminating or causing to be publicly disseminated by	4201
means of the internet any statements, information, photographs, or	4202
fingerprints of the type described in division (A) of section	4203
2950.08 of the Revised Code or in performing any duties imposed	4204
upon sheriffs by sections 2950.04, 2950.041, 2950.05, 2950.06,	4205
2950.10, 2950.11, and 2950.111 of the Revised Code.	4206

Sec. 2950.03. (A) Each person who has been convicted of, is	4207
convicted of, has pleaded guilty to, or pleads guilty to a	4208
sexually oriented offense that is not a registration-exempt	4209
sexually oriented offense and who has a duty to register pursuant	4210
to section 2950.04 of the Revised Code, and each person who is	4211
adjudicated a delinquent child for committing a sexually oriented	4212
offense that is not a registration-exempt sexually oriented	4213
offense and who is classified pursuant to section 2152.82 or	4214
division (A) of section 2152.83 of the Revised Code a juvenile sex	4215
offender registrant based on that adjudication, each person who	4216
has been convicted of, is convicted of, has pleaded guilty to, or	4217
pleads guilty to a child-victim oriented offense and has a duty to	4218
register pursuant to section 2950.041 of the Revised Code, and	4219
each person who is adjudicated a delinquent child for committing a	4220
child-victim oriented offense and who is classified a juvenile	4221
offender registrant based on that adjudication shall be provided	4222
notice in accordance with this section of the offender's or	4223
delinquent child's duty to register under sectionduties imposed	4224
under sections 2950.04 of the Revised Code, the offender's or	4225
delinquent child's duty to provide notice of any change in the	4226
offender's or delinquent child's residence address and to register	4227
the new residence address pursuant to section, 2950.041, 2950.05	4228
of the Revised Code, and the offender's or delinquent child's duty	4229
to periodically verify the offender's or delinquent child's	4230
residence address pursuant to section, and 2950.06 of the Revised	4231
Code and of the offender's duties to similarly register, provide	4232
notice of a change, and verify addresses in another state if the	4233
offender resides, is temporarily domiciled, attends a school or	4234
institution of higher education, or is employed in a state other	4235
than this state. A person who has been convicted of, is convicted	4236
of, has pleaded guilty to, or pleads guilty to a sexually oriented	4237
offense that is a registration-exempt sexually oriented offense,	4238
and a person who is or has been adjudicated a delinquent child for	4239
committing a sexually oriented offense that is a	4240
registration-exempt sexually oriented offense, does not have a	4241
duty to register under section 2950.04 of the Revised Code based	4242
on that conviction, guilty plea, or adjudication, and no notice is	4243
required to be provided to that person under this division based	4244
on that conviction, guilty plea, or adjudication. The following	4245
official shall provide the notice required under this division to	4246
the offender or delinquent childspecified person at the following	4247
time:	4248

(1) Regardless of when the offenderperson committed the	4249
sexually oriented offense or child-victim oriented offense, if the	4250
person is an offender who is sentenced for the sexually oriented	4251
offense or child-victim oriented offense to a prison term, a term	4252
of imprisonment, or any other type of confinement, and if, on or	4253
after January 1, 1997, the offender is serving that term or is	4254
under that confinement, the official in charge of the jail,	4255
workhouse, state correctional institution, or other institution in	4256
which the offender serves the prison term, term of imprisonment,	4257
or confinement, or a designee of that official, shall provide the	4258
notice to the offender before the offender is released pursuant to	4259
any type of supervised release or before the offender otherwise is	4260
released from the prison term, term of imprisonment, or	4261
confinement. This division applies to a child-victim oriented	4262
offense if the offender is sentenced for the offense on or after	4263
the effective date of this amendment or if, prior to the effective	4264
date of this amendment, the child-victim oriented offense was a	4265
sexually oriented offense and the offender was sentenced as	4266
described in this division for the child-victim oriented offense	4267
when it was designated a sexually oriented offense. If a person	4268
was provided notice under this division prior to the effective	4269
date of this amendment in relation to an offense that, prior to	4270
the effective date of this amendment, was a sexually oriented	4271
offense but that, on and after the effective date of this	4272
amendment, is a child-victim oriented offense, the notice provided	4273
under this division shall suffice for purposes of this section as	4274
notice to the offender of the offender's duties under sections	4275
2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a	4276
result of the conviction of or plea of guilty to the child-victim	4277
oriented offense.	4278

(2) Regardless of when the offenderperson committed the	4279
sexually oriented offense or child-victim oriented offense, if the	4280
person is an offender who is sentenced for the sexually oriented	4281
offense on or after January 1, 1997, or who is sentenced for the	4282
child-victim oriented offense on or after the effective date of	4283
this amendment and if division (A)(1) of this section does not	4284
apply, the judge shall provide the notice to the offender at the	4285
time of sentencing. If a person was provided notice under this	4286
division prior to the effective date of this amendment in relation	4287
to an offense that, prior to the effective date of this amendment,	4288
was a sexually oriented offense but that, on and after the	4289
effective date of this amendment, is a child-victim oriented	4290
offense, the notice so provided under this division shall suffice	4291
for purposes of this section as notice to the offender of the	4292
offender's duties under sections 2950.041, 2950.05, and 2950.06 of	4293
the Revised Code imposed as a result of the conviction of or plea	4294
of guilty to the child-victim oriented offense.	4295

(3) If the person is an offender who committed the sexually	4296
oriented offense prior to January 1, 1997, if neither division	4297
(A)(1) nor division (A)(2) of this section applies, and if,	4298
immediately prior to January 1, 1997, the offender was a habitual	4299
sex offender who was required to register under Chapter 2950. of	4300
the Revised Code, the chief of police or sheriff with whom the	4301
offender most recently registered under that chapter, in the	4302
circumstances described in this division, shall provide the notice	4303
to the offender. If the offender has registered with a chief of	4304
police or sheriff under Chapter 2950. of the Revised Code as it	4305
existed prior to January 1, 1997, the chief of police or sheriff	4306
with whom the offender most recently registered shall provide the	4307
notice to the offender as soon as possible after January 1, 1997,	4308
as described in division (B)(1) of this section. If the offender	4309
has not registered with a chief of police or sheriff under that	4310
chapter, the failure to register shall constitute a waiver by the	4311
offender of any right to notice under this section. If an offender	4312
described in this division does not receive notice under this	4313
section, the offender is not relieved of the duty to register, the	4314
duty to provide notice of any change in residence address and to	4315
register the new residence address, and the duty to periodically	4316
verify the residence address, as described in division (A) of this	4317
sectionoffender's duties imposed under sections 2950.04, 2950.05,	4318
and 2950.06 of the Revised Code.	4319

(4) If the person is an offender of the type described in	4320
division (A)(1) of this section and if, subsequent to release, the	4321
offender is adjudicated as being a sexual predator pursuant to	4322
division (C) of section 2950.09 of the Revised Code or a	4323
child-victim predator pursuant to division (C) of section 2950.091	4324
of the Revised Code, the judge shall provide the notice to the	4325
offender at the time of adjudication.	4326

(5) If the person is a delinquent child who is classified	4327
pursuant to section 2152.82 or division (A) of section 2152.83 of	4328
the Revised Code a juvenile sex offender registrant, the judge	4329
shall provide the notice to the delinquent child at the time of	4330
the classificationspecified in division (B) of section 2152.82,	4331
division (D) of section 2152.83, division (C) of section 2152.84,	4332
or division (E) of section 2152.85 of the Revised Code, whichever	4333
is applicable. If a delinquent child was provided notice under	4334
this division prior to the effective date of this amendment in	4335
relation to an offense that, prior to the effective date of this	4336
amendment, was a sexually oriented offense but that, on and after	4337
the effective date of this amendment, is a child-victim oriented	4338
offense, the notice so provided under this division shall suffice	4339
for purposes of this section as notice to the delinquent child of	4340
the delinquent child's duties under sections 2950.041, 2950.05,	4341
and 2950.06 of the Revised Code imposed as a result of the	4342
adjudication as a delinquent child for the child-victim oriented	4343
offense.	4344

(6) If the person is an offender in any category described in	4345
division (A)(1), (2), (3), or (4) of this section and if, prior to	4346
the effective date of this amendment, the offender was provided	4347
notice of the offender's duties in accordance with that division,	4348
not later than ninety days after the effective date of this	4349
amendment, the sheriff with whom the offender most recently	4350
registered or verified an address under section 2950.04, 2950.041,	4351
2950.05, or 2950.06 of the Revised Code shall provide notice to	4352
the offender of the offender's duties imposed on and after the	4353
effective date of this amendment pursuant to any of those sections	4354
to register a school, institution of higher education, or place of	4355
employment address, provide notice of a change of that address,	4356
and verify that address. The sheriff may provide the notice to the	4357
offender at the time the offender registers, provides notice of a	4358
change in, or verifies a residence, school, institution of higher	4359
education, or place of employment address under any of those	4360
sections within the specified ninety-day period. If the offender	4361
does not so register, provide notice of a change in, or verify an	4362
address within the specified ninety-day period, the sheriff shall	4363
provide the notice to the offender by sending it to the offender	4364
at the most recent residence address available for the offender.	4365
If the offender was required to register prior to the effective	4366
date of this amendment and failed to do so, the failure to	4367
register constitutes a waiver by the offender of any right to	4368
notice under this division. If the offender has not registered	4369
prior to the effective date of this amendment, the offender is	4370
presumed to have knowledge of the law and of the duties referred	4371
to in this division that are imposed on and after the effective	4372
date of this amendment. If an offender does not receive notice	4373
under this division, the offender is not relieved of any of the	4374
duties described in this division.	4375

(7) If the person is an offender or delinquent child who has	4376
a duty to register in this state pursuant to division (A)(3) of	4377
section 2950.04 or 2950.041 of the Revised Code, the offender or	4378
delinquent child is presumed to have knowledge of the law and of	4379
the offender's or delinquent child's duties imposed under sections	4380
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	4381

(B)(1) The notice provided under division (A) of this section	4382
shall inform the offender or delinquent child of the offender's or	4383
delinquent child's duty to register under section 2950.04 of the	4384
Revised Code, to notify the appropriate officialsprovide notice	4385
of a change in the offender's or delinquent child's residence	4386
address or in the offender's school, institution of higher	4387
education, or place of employment address, as applicable, and to	4388
register the new residence address in accordance with section	4389
2950.05 of the Revised Code, and to periodically verify athe	4390
offender's or delinquent child's residence address under section	4391
or the offender's school, institution of higher education, or	4392
place of employment address, as applicable, and, if applicable, to	4393
provide notice of the offender's or delinquent child's intent to	4394
reside, pursuant to sections 2950.04, 2950.041, 2950.05, and	4395
2950.06 of the Revised Code. The notice shall specify that, for an	4396
offender, it applies regarding residence addresses or school,	4397
institution of higher education, and place of employment addresses	4398
and that, for a delinquent child, it applies regarding residence	4399
addresses. Additionally, it shall inform the offender of the	4400
offender's duties to similarly register, provide notice of a	4401
change in, and verify those addresses in states other than this	4402
state as described in division (A) of this section. A notice	4403
provided under division (A)(6) of this section shall state the new	4404
duties imposed on the offender on and after the effective date of	4405
this amendment to register, provide notice of a change in, and	4406
periodically verify, a school, institution of higher education, or	4407
place of employment address and specify that the new duties are in	4408
addition to the prior duties imposed upon the offender. A notice	4409
provided under division (A)(1), (2), (3), (4), or (5) of this	4410
section shall comport with the following:	4411

(a) If the notice is provided to an offender under division	4412
(A)(3) of this section, the notice shall be on a form that is	4413
prescribed by the bureau of criminal identification and	4414
investigation and that statesstate the offender's duties to	4415
register, to file a notice of intent to reside, if applicable, to	4416
register a new residence address or new school, institution of	4417
higher education, or place of employment address, and to	4418
periodically verify a residence addressthose addresses, the	4419
offender's duties in other states as described in division (A) of	4420
this section, and that, if the offender has any questions	4421
concerning these duties, the offender may contact the chief of	4422
police or sheriff who sent the form for an explanation of the	4423
duties. If the offender appears in person before the chief of	4424
police or sheriff, the chief or sheriff shall provide the notice	4425
as described in division (B)(1)(a) of this section, and all	4426
provisions of this section that apply regarding a notice provided	4427
by an official, official's designee, or judge in that manner shall	4428
be applicable.	4429

(b) If the notice is provided to an offender under division	4430
(A)(1), (2), or (4) of this section, the official, official's	4431
designee, or judge shall require the offender to read and sign a	4432
form prescribed by the bureau of criminal identification and	4433
investigation, stating that the offender's duties to register, to	4434
file a notice of intent to reside, if applicable, to register a	4435
new residence address or new school, institution of higher	4436
education, or place of employment address, and to periodically	4437
verify a residence addressthose addresses, and the offender's	4438
duties in other states as described in division (A) of this	4439
section have been explained to the offender. If the offender is	4440
unable to read, the official, official's designee, or judge shall	4441
certify on the form that the official, designee, or judge	4442
specifically informed the offender of those duties and that the	4443
offender indicated an understanding of those duties.	4444

(c) If the notice is provided to a delinquent child under	4445
division (A)(5) of this section, the judge shall require the	4446
delinquent child and the delinquent child's parent, guardian, or	4447
custodian to read and sign a form prescribed by the bureau of	4448
criminal identification and investigation, stating that the	4449
delinquent child's duties to register, to file a notice of intent	4450
to reside, if applicable, to register a new residence address, and	4451
to periodically verify a residencethat address have been	4452
explained to the delinquent child and to the delinquent child's	4453
parent, guardian, or custodian. If the delinquent child or the	4454
delinquent child's parent, guardian, or custodian is unable to	4455
read, the judge shall certify on the form that the judge	4456
specifically informed the delinquent child or the delinquent	4457
child's parent, guardian, or custodian of those duties and that	4458
the delinquent child or the delinquent child's parent, guardian,	4459
or custodian indicated an understanding of those duties.	4460

(d) For any(2) The notice provided under divisiondivisions	4461
(A)(1) to (6) of this section, the form usedshall be on a form	4462
prescribed by the bureau of criminal identification and	4463
investigation and shall contain all of the information specified	4464
in division (A) of this section and all of the information	4465
required by the bureau of criminal identification and	4466
investigation, including, but. The notice provided under divisions	4467
(A)(1) to (5) of this section shall include, but is not limited	4468
to, a statement that the subject delinquent child if applicable	4469
has been classified by the adjudicating juvenile court judge or	4470
the judge's successor in office a juvenile sex offender registrant	4471
and has a duty to registerall of the following:	4472

(a) For any notice provided under division (A)(1) to (5) of	4473
this section, a statement as to whether the offender or delinquent	4474
child has been adjudicated as being a sexual predator or a	4475
child-victim predator relative to the sexually oriented offense or	4476
child-victim oriented offense in question, a statement as to	4477
whether the offender or delinquent child has been determined to be	4478
a habitual sex offender or habitual child-victim offender, a	4479
statement as to whether the offense for which the offender has the	4480
duty to register is an aggravated sexually oriented offense	4481
committed on or after the effective date of this amendmentor is a	4482
sexually oriented offense committed on or after the effective date	4483
of this amendment, an explanation of the offender's periodic	4484
residence address or periodic school, institution of higher	4485
education, or place of employment address verification process and	4486
or of the delinquent child's periodic residence address	4487
verification process, an explanation of the frequency with which	4488
the offender or delinquent child will be required to verify the	4489
residence addressthose addresses under that process, and a	4490
statement that the offender or delinquent child must verify the	4491
residence addressthose addresses at the times specified under	4492
that process or face criminal prosecution or a delinquent child	4493
proceeding, and an explanation of the offender's duty to similarly	4494
register, verify, and reregister those addresses in another state	4495
if the offender resides in another state, attends a school or	4496
institution of higher education in another state, or is employed	4497
in another state.	4498

(e)(b) If the notice is provided under division (A)(4) of	4499
this section, in addition to all other information contained on	4500
it, the form also shall include a statement that the notice	4501
replaces any notice previously provided to the offender under	4502
division (A)(1) of this section, a statement that the offender's	4503
duties described in this notice supersede the duties described in	4504
the prior notice, and a statement notifying the offender that, if	4505
the offender already has registered under section 2950.04 or	4506
2950.041 of the Revised Code, the offender must register again	4507
pursuant to division (A)(6) of that section.;	4508

(c) If the notice is provided under division (A)(5) of this	4509
section, a statement that the delinquent child has been classified	4510
by the adjudicating juvenile court judge or the judge's successor	4511
in office a juvenile offender registrant and has a duty to comply	4512
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	4513
Revised Code;	4514

(f)(d) If the notice is provided under division (A)(5) of	4515
this section, the form, in addition to all other information	4516
contained on it, shall inform the delinquent child and the	4517
delinquent child's parent, guardian, or custodiana statement	4518
that, if the delinquent child fails to comply with the	4519
requirements of sections 2950.04, 2950.041, 2950.05, and 2950.06	4520
of the Revised Code, both of the following apply:	4521

(i) If the delinquent child's failure occurs while the child	4522
is under eighteen years of age, the child is subject to	4523
proceedings under Chapter 2152. of the Revised Code based on the	4524
failure, but if the failure occurs while the child is eighteen	4525
years of age or older, the child is subject to criminal	4526
prosecution based on the failure.	4527

(ii) If the delinquent child's failure occurs while the child	4528
is under eighteen years of age, unless the child is emancipated,	4529
as defined in section 2919.121 of the Revised Code, the failure of	4530
the parent, guardian, or custodian to ensure that the child	4531
complies with those requirements is a violation of section 2919.24	4532
of the Revised Code and may result in the prosecution of the	4533
parent, guardian, or custodian for that violation.	4534

(2)(3)(a) After an offender described in division (A)(1),	4535
(2), or (4) of this section has signed the form described in	4536
divisiondivisions (B)(1) and (2) of this section or the official,	4537
official's designee, or judge has certified on the form that the	4538
form has been explained to the offender and that the offender	4539
indicated an understanding of the duties indicated on it, the	4540
official, official's designee, or judge shall give one copy of the	4541
form to the offender, within three days shall send one copy of the	4542
form to the bureau of criminal identification and investigation in	4543
accordance with the procedures adopted pursuant to section 2950.13	4544
of the Revised Code, and shall send one copy of the form to the	4545
sheriff of the county in which the offender expects to reside.	4546

(b) After a chief of police or sheriff has sent a form to an	4547
offender under division (A)(3) of this section, the chief or	4548
sheriff shall send a copy of the form to the bureau of criminal	4549
identification and investigation in accordance with the procedures	4550
adopted pursuant to section 2950.13 of the Revised Code.	4551

(c) After a delinquent child described in division (A)(5) of	4552
this section and the delinquent child's parent, guardian, or	4553
custodian have signed the form described in divisiondivisions	4554
(B)(1) and (2) of this section or the judge has certified on the	4555
form that the form has been explained to the delinquent child or	4556
the delinquent child's parent, guardian, or custodian and that the	4557
delinquent child or the delinquent child's parent, guardian, or	4558
custodian indicated an understanding of the duties and information	4559
indicated on the form, the judge shall give a copy of the form to	4560
both the delinquent child and to the delinquent child's parent,	4561
guardian, or custodian, within three days shall send one copy of	4562
the form to the bureau of criminal identification and	4563
investigation in accordance with the procedures adopted pursuant	4564
to section 2950.13 of the Revised Code, and shall send one copy of	4565
the form to the sheriff of the county in which the delinquent	4566
child expects to reside.	4567

(C) The official, official's designee, judge, chief of	4568
police, or sheriff who is required to provide notice to an	4569
offender or delinquent child under divisiondivisions (A)(1) to	4570
(5) of this section shall do all of the following:	4571

(1) If the notice is provided under division (A)(1), (2),	4572
(4), or (5) of this section, the official, designee, or judge	4573
shall determine the offender's or delinquent child's name,	4574
identifying factors, and expected future residence address in this	4575
state or any other state, shall obtain the offender's or	4576
delinquent child's criminal and delinquency history, and shall	4577
obtain a photograph and the fingerprints of the offender or	4578
delinquent child. Regarding an offender, the official, designee,	4579
or judge also shall obtain from the offender the offender's	4580
current or expected future school, institution of higher	4581
education, or place of employment address in this state, if any.	4582
If the notice is provided by a judge under division (A)(2), (4),	4583
or (5) of this section, the sheriff shall provide the offender's	4584
or delinquent child's criminal and delinquency history to the	4585
judge. The official, official's designee, or judge shall obtain	4586
this information and these items prior to giving the notice,	4587
except that a judge may give the notice prior to obtaining the	4588
offender's or delinquent child's criminal and delinquency history.	4589
Within three days after receiving this information and these	4590
items, the official, official's designee, or judge shall forward	4591
the information and items to the bureau of criminal identification	4592
and investigation in accordance with the forwarding procedures	4593
adopted pursuant to section 2950.13 of the Revised Code and, to	4594
the sheriff of the county in which the offender or delinquent	4595
child expects to reside, and, regarding an offender, to the	4596
sheriff of the county, if any, in which the offender attends or	4597
will attend a school or institution of higher education or is or	4598
will be employed. If the notice is provided under division (A)(5)	4599
of this section and if the delinquent child has been committed to	4600
the department of youth services or to a secure facility, the	4601
judge, in addition to the other information and items described in	4602
this division, also shall forward to the bureau and to the sheriff	4603
notification that the child has been so committed. If it has not	4604
already done so, the bureau of criminal identification and	4605
investigation shall forward a copy of the fingerprints and	4606
conviction data received under this division to the federal bureau	4607
of investigation.	4608

(2) If the notice is provided under division (A)(3) of this	4609
section, the chief of police or sheriff shall determine the	4610
offender's name, identifying factors, and residence address in	4611
this state or any other state, shall obtain the offender's	4612
criminal history from the bureau of criminal identification and	4613
investigation, and, to the extent possible, shall obtain a	4614
photograph and the fingerprints of the offender. Regarding an	4615
offender, the chief or sheriff also shall obtain from the offender	4616
the offender's current or expected future school, institution of	4617
higher education, or place of employment address in this state, if	4618
any. Within three days after receiving this information and these	4619
items, the chief or sheriff shall forward the information and	4620
items to the bureau of criminal identification and investigation	4621
in accordance with the forwarding procedures adopted pursuant to	4622
section 2950.13 of the Revised Code and, in relation to a chief of	4623
police, to the sheriff of the county in which the offender	4624
resides, and, regarding an offender, to the sheriff of the county,	4625
if any, in which the offender attends or will attend a school or	4626
institution of higher education or is or will be employed. If it	4627
has not already done so, the bureau of criminal identification and	4628
investigation shall forward a copy of the fingerprints and	4629
conviction data so received to the federal bureau of	4630
investigation.	4631

Sec. 2950.031. (A) No person who has been convicted of, is	4632
convicted of, has pleaded guilty to, or pleads guilty to either a	4633
sexually oriented offense that is not a registration-exempt	4634
sexually oriented offense or a child-victim oriented offense shall	4635
establish a residence or occupy residential premises within one	4636
thousand feet of any school premises.	4637

(B) An owner or lessee of real property that is located	4638
within one thousand feet of any school premises has a cause of	4639
action for injunctive relief against a person who violates	4640
division (A) of this section by establishing a residence or	4641
occupying residential premises within one thousand feet of those	4642
school premises. The owner or lessee shall not be required to	4643
prove irreparable harm in order to obtain the relief.	4644

Sec. 2950.04. (A)(1) Each of the following types of offender	4645
who is convicted of or pleads guilty to, or has been convicted of	4646
or pleaded guilty to, a sexually oriented offense that is not a	4647
registration-exempt sexually oriented offense shall register	4648
personally with the sheriff of the county within sevenfive days	4649
of the offender's coming into a county in which the offender	4650
resides or temporarily is domiciled for more than sevenfive days,	4651
shall register personally with the sheriff of the county	4652
immediately upon coming into a county in which the offender	4653
attends a school or institution of higher education on a full-time	4654
or part-time basis regardless of whether the offender resides or	4655
has a temporary domicile in this state or another state, shall	4656
register personally with the sheriff of the county in which the	4657
offender is employed if the offender resides or has a temporary	4658
domicile in this state and has been employed in that county for	4659
more than fourteen days or for an aggregate period of thirty or	4660
more days in that calendar year, shall register personally with	4661
the sheriff of the county in which the offender then is employed	4662
if the offender does not reside or have a temporary domicile in	4663
this state and has been employed at any location or locations in	4664
this state more than fourteen days or for an aggregate period of	4665
thirty or more days in that calendar year, and shall register with	4666
the sheriff or other appropriate person of the other state	4667
immediately upon entering into any state other than this state in	4668
which the offender attends a school or institution of higher	4669
education on a full-time or part-time basis or upon being employed	4670
in any state other than this state for more than fourteen days or	4671
for an aggregate period of thirty or more days in that calendar	4672
year regardless of whether the offender resides or has a temporary	4673
domicile in this state, the other state, or a different state:	4674

(a) Regardless of when the sexually oriented offense was	4675
committed, an offender who is sentenced for the sexually oriented	4676
offense to a prison term, a term of imprisonment, or any other	4677
type of confinement and, on or after July 1, 1997, is released in	4678
any manner from the prison term, term of imprisonment, or	4679
confinement;	4680

(b) Regardless of when the sexually oriented offense was	4681
committed, an offender who is sentenced for a sexually oriented	4682
offense on or after July 1, 1997, and to whom division (A)(1)(a)	4683
of this section does not apply;	4684

(c) If the sexually oriented offense was committed prior to	4685
July 1, 1997, and neither division (A)(1)(a) nor division	4686
(A)(1)(b) of this section applies, an offender who, immediately	4687
prior to July 1, 1997, was a habitual sex offender who was	4688
required to register under Chapter 2950. of the Revised Code.	4689

(2) Each child who is adjudicated a delinquent child for	4690
committing a sexually oriented offense that is not a	4691
registration-exempt sexually oriented offense and who is	4692
classified a juvenile sex offender registrant based on that	4693
adjudication shall register personally with the sheriff of the	4694
county within sevenfive days of the delinquent child's coming	4695
into a county in which the delinquent child resides or temporarily	4696
is domiciled for more than sevenfive days. If the delinquent	4697
child is committed for the sexually oriented offense that is not a	4698
registration-exempt sexually oriented offense to the department of	4699
youth services or to a secure facility that is not operated by the	4700
department, this duty begins when the delinquent child is	4701
discharged or released in any manner from custody in a department	4702
of youth services secure facility or from the secure facility that	4703
is not operated by the department, if pursuant to the discharge or	4704
release the delinquent child is not committed to any other secure	4705
facility of the department or any other secure facility. The	4706
delinquent child does not have a duty to register under this	4707
division while the child is in a department of youth services	4708
secure facility or in a secure facility that is not operated by	4709
the department.	4710

(3) If divisions (A)(1) and (2) of this section do not apply,	4711
each following type of offender and each following type of	4712
delinquent child shall register personally with the sheriff of the	4713
county within sevenfive days of the offender's or delinquent	4714
child's coming into a county in which the offender or delinquent	4715
child resides or temporarily is domiciled for more than sevenfive	4716
days, and each following type of offender shall register	4717
personally with the sheriff of the county immediately upon coming	4718
into a county in which the offender attends a school or	4719
institution of higher education on a full-time or part-time basis	4720
regardless of whether the offender resides or has a temporary	4721
domicile in this state or another state, shall register personally	4722
with the sheriff of the county in which the offender is employed	4723
if the offender resides or has a temporary domicile in this state	4724
and has been employed in that county for more than fourteen days	4725
or for an aggregate period of thirty days or more in that calendar	4726
year, and shall register personally with the sheriff of the county	4727
in which the offender then is employed if the offender does not	4728
reside or have a temporary domicile in this state and has been	4729
employed at any location or locations in this state for more than	4730
fourteen days or for an aggregate period of thirty or more days in	4731
that calendar year:	4732

(a) Regardless of when the sexually oriented offense was	4733
committed, a person who is convicted of, pleads guilty to, or is	4734
adjudicated a delinquent child for committing a sexually oriented	4735
offense in a court in another state or, in a federal court,	4736
military court, or an Indian tribal court, or in a court in any	4737
nation other than the United States for committing a sexually	4738
oriented offense that is not a registration-exempt sexually	4739
oriented offense, if, on or after July 1, 1997, for offenders, or	4740
January 1, 2002, for delinquent children, the offender or	4741
delinquent child moves to and resides in this state or temporarily	4742
is domiciled in this state for more than sevenfive days, the	4743
offender enters this state to attend any school or institution of	4744
higher education on a full-time or part-time basis, or the	4745
offender is employed in this state for more than fourteen days or	4746
for an aggregate period of thirty or more days in any calendar	4747
year, and if, at the time the offender or delinquent child moves	4748
to and resides in this state or temporarily is domiciled in this	4749
state for more than sevenfive days, the offender enters this	4750
state to attend the school or institution of higher education, or	4751
the offender is employed in this state for more than the specified	4752
period of time, the offender or delinquent child has a duty to	4753
register as a sex offender or child-victim offender under the law	4754
of that other jurisdiction as a result of the conviction, guilty	4755
plea, or adjudication.	4756

(b) Regardless of when the sexually oriented offense was	4757
committed, a person who is convicted of, pleads guilty to, or is	4758
adjudicated a delinquent child for committing a sexually oriented	4759
offense in a court in another state or, in a federal court,	4760
military court, or an Indian tribal court, or in a court in any	4761
nation other than the United States for committing a sexually	4762
oriented offense that is not a registration-exempt sexually	4763
oriented offense, if, on or after July 1, 1997, for offenders, or	4764
January 1, 2002, for delinquent children, the offender or	4765
delinquent child is released from imprisonment, confinement, or	4766
detention imposed for that offense, and if, on or after July 1,	4767
1997, for offenders, or January 1, 2002, for delinquent children,	4768
the offender or delinquent child moves to and resides in this	4769
state or temporarily is domiciled in this state for more than	4770
sevenfive days, the offender enters this state to attend any	4771
school or institution of higher education on a full-time or	4772
part-time basis, or the offender is employed in this state for	4773
more than fourteen days or for an aggregate period of thirty or	4774
more days in any calendar year. The duty to register as described	4775
in this division applies to an offender regardless of whether the	4776
offender, at the time of moving to and residing in this state or	4777
temporarily being domiciled in this state for more than sevenfive	4778
days, at the time of entering into this state to attend the school	4779
or institution of higher education, or at the time of being	4780
employed in this state for the specified period of time, has a	4781
duty to register as a sex offender or child-victim offender under	4782
the law of the jurisdiction in which the conviction or guilty plea	4783
occurred. The duty to register as described in this division	4784
applies to a delinquent child only if the delinquent child, at the	4785
time of moving to and residing in this state or temporarily being	4786
domiciled in this state for more than sevenfive days, has a duty	4787
to register as a sex offender or child-victim offender under the	4788
law of the jurisdiction in which the delinquent child adjudication	4789
occurred or if, had the delinquent child adjudication occurred in	4790
this state, the adjudicating juvenile court judge would have been	4791
required to issue an order classifying the delinquent child as a	4792
juvenile sex offender registrant pursuant to section 2152.82 or	4793
division (A) of section 2152.83 of the Revised Code.	4794

(4) If division (A)(1)(a) of this section applies and if,	4795
subsequent to the offender's release, the offender is adjudicated	4796
to be a sexual predator under division (C) of section 2950.09 of	4797
the Revised Code, the offender shall register within sevenfive	4798
days of the adjudication with the sheriff of the county in which	4799
the offender resides or temporarily is domiciled for more than	4800
sevenfive days and, shall register with the sheriff of any county	4801
in which the offender subsequently resides or temporarily is	4802
domiciled for more than sevenfive days within sevenfive days of	4803
coming into that county, shall register within five days of the	4804
adjudication with the sheriff of the county in which the offender	4805
attends any school or institution of higher education on a	4806
full-time or part-time basis or in which the offender is employed	4807
if the offender has been employed in that county for more than	4808
fourteen days or for an aggregate period of thirty or more days in	4809
that calendar year regardless of whether the offender resides or	4810
has temporary domicile in this state or another state, and shall	4811
register within five days of the adjudication with the sheriff or	4812
other appropriate person of any state other than this state in	4813
which the offender attends a school or institution of higher	4814
education on a full-time or part-time basis or in which the	4815
offender then is employed if the offender has been employed in	4816
that state for more than fourteen days or for an aggregate period	4817
of thirty or more days in any calendar year regardless of whether	4818
the offender resides or has temporary domicile in this state, the	4819
other state, or a different state.	4820

(5) A person who is adjudicated a delinquent child for	4821
committing a sexually oriented offense that is not a	4822
registration-exempt sexually oriented offense is not required to	4823
register under division (A)(2) of this section unless the	4824
delinquent child committed the offense on or after January 1,	4825
2002, is classified a juvenile sex offender registrant by a	4826
juvenile court judge pursuant to an order issued under section	4827
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code based on	4828
that adjudication, and has a duty to register pursuant to division	4829
(A)(2) of this section.	4830

(6) A person who has been convicted of, is convicted of, has	4831
pleaded guilty to, or pleads guilty to a sexually oriented offense	4832
that is a registration-exempt sexually oriented offense, and a	4833
person who is or has been adjudicated a delinquent child for	4834
committing a sexually oriented offense that is a	4835
registration-exempt sexually oriented offense, does not have any	4836
duty to register under this section based on that conviction,	4837
guilty plea, or adjudication. The exemption of an offender or	4838
delinquent child from registration under this division for a	4839
conviction of, plea of guilty to, or delinquent child adjudication	4840
for a registration-exempt sexually oriented offense does not	4841
limit, affect, or supersede any duties imposed upon the offender	4842
or delinquent child under this chapter or sections 2152.82 to	4843
2152.85 of the Revised Code for a conviction of, plea of guilty	4844
to, or delinquent child adjudication for any other sexually	4845
oriented offense or any child-victim oriented offense.	4846

(B) An offender or delinquent child who is required by	4847
division (A) of this section to register in this state personally	4848
shall obtain from the sheriff or from a designee of the sheriff a	4849
registration form that conforms to division (C) of this section,	4850
shall complete the form, shall include a statement that all	4851
information provided on the form is accurate and sign the form,	4852
and shall return the completed form together with the offender's	4853
or delinquent child's photograph to the sheriff or the designee.	4854
The sheriff or designee shall sign the form and indicate on the	4855
form the date on which it is so returned. The registration	4856
required under this division is complete when the offender or	4857
delinquent child returns the form, containing the requisite	4858
information, photograph, signatures, and date, to the sheriff or	4859
designee.	4860

(C) The registration form to be used under divisions (A) and	4861
(B) of this section shall contain theinclude the photograph of	4862
the offender or delinquent child who is registering and shall	4863
contain all of the following:	4864

(1) Regarding an offender or delinquent child who is	4865
registering under a duty imposed under division (A)(1), (2), (3),	4866
or (4) of this section as a result of the offender or delinquent	4867
child residing in this state or temporarily being domiciled in	4868
this state for more than five days, the current residence address	4869
of the offender or delinquent child who is registering, the name	4870
and address of the offender's or delinquent child's employer, if	4871
the offender or delinquent child is employed at the time of	4872
registration or if the offender or delinquent child knows at the	4873
time of registration that the offender or delinquent child will be	4874
commencing employment with that employer subsequent to	4875
registration, the date on which the offender or delinquent child	4876
committed each sexually oriented offense that is the basis of the	4877
registration, the name and address of the offender's school or	4878
institution of higher education if the offender attends one at the	4879
time of registration or if the offender knows at the time of	4880
registration that the offender will be commencing attendance at	4881
that school or institution subsequent to registration, and any	4882
other information required by the bureau of criminal	4883
identification and investigation and shall include the offender's	4884
or delinquent child's photograph. Additionally	4885

(2) Regarding an offender who is registering under a duty	4886
imposed under division (A)(1), (3), or (4) of this section as a	4887
result of the offender attending a school or institution of higher	4888
education in this state on a full-time or part-time basis or being	4889
employed in this state or in a particular county in this state,	4890
whichever is applicable, for more than fourteen days or for an	4891
aggregate of thirty or more days in any calendar year, the current	4892
address of the school, institution of higher education, or place	4893
of employment of the offender who is registering and any other	4894
information required by the bureau of criminal identification and	4895
investigation.	4896

(3) Regarding an offender or delinquent child who is	4897
registering under a duty imposed under division (A)(1), (2), (3),	4898
or (4) of this section for any reason, if the offender or	4899
delinquent child has been adjudicated as being a sexual predator	4900
relative to the sexually oriented offense in question, if the	4901
delinquent child has been adjudicated a sexual predator relative	4902
to the sexually oriented offense in question and the court has not	4903
subsequently determined pursuant to division (D) of section	4904
2950.09, section 2152.84, or section 2152.85 of the Revised Code	4905
that the offender or delinquent child no longer is a sexual	4906
predator, or if the judge determined pursuant to division (C) of	4907
section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84,	4908
or 2152.85 of the Revised Code that the offender or delinquent	4909
child is a habitual sex offender and the determination has not	4910
been removed pursuant to section 2152.84 or 2152.85 of the Revised	4911
Code, or if the offender has the duty to register as a result of	4912
the conviction of or plea of guilty to an aggravated sexually	4913
oriented offense, the offender or delinquent child also shall	4914
include on the signed, written registration form all of the	4915
following information:	4916

(1)(a) A specific declaration that the person has been	4917
adjudicated as being a sexual predator or, has been determined to	4918
be a habitual sex offender, or was convicted of or pleaded guilty	4919
to an aggravated sexually oriented offense, whichever is	4920
applicable;	4921

(2)(b) If the offender or delinquent child has been	4922
adjudicated as being a sexual predator, the identification license	4923
plate number, make, model, year, and color of each motor vehicle	4924
the offender or delinquent child owns and of each motor vehicle	4925
registered in the offender's or delinquent child's name, and any	4926
other identifying information that the sheriff requires for each	4927
motor vehicle that is registered in the offender's or delinquent	4928
child's name.	4929

(D) After an offender or delinquent child registers with a	4930
sheriff pursuant to this section, the sheriff shall forward the	4931
signed, written registration form and photograph to the bureau of	4932
criminal identification and investigation in accordance with the	4933
forwarding procedures adopted pursuant to section 2950.13 of the	4934
Revised Code. If an offender registers a school, institution of	4935
higher education, or place of employment address, or provides a	4936
school or institution of higher education address under division	4937
(C)(1) of this section, the sheriff also shall provide notice to	4938
the law enforcement agency with jurisdiction over the premises of	4939
the school, institution of higher education, or place of	4940
employment of the offender's name and that the offender has	4941
registered that address as a place at which the offender attends	4942
school or an institution of higher education or at which the	4943
offender is employed. The bureau shall include the information and	4944
materials forwarded to it under this division in the state	4945
registry of sex offenders and child victim offenders established	4946
and maintained under section 2950.13 of the Revised Code.	4947

(E) No person who is required to register pursuant to	4948
divisions (A) and (B) of this section, and no person who is	4949
required to send a notice of intent to reside pursuant to division	4950
(G) of this section, shall fail to register or send the notice of	4951
intent as required in accordance with those divisions or that	4952
division.	4953

(F) An offender or delinquent child who is required to	4954
register pursuant to divisions (A) and (B) of this section shall	4955
register pursuant to this section for the period of time specified	4956
in section 2950.07 of the Revised Code.	4957

(G) If an offender or delinquent child who is required by	4958
division (A) of this section to register is adjudicated a sexual	4959
predator or a habitual sexual offender subject to community	4960
notification under division (C)(2) or (E) of section 2950.09 of	4961
the Revised Code, or if an offender who is required by division	4962
(A) of this section to register has that duty as a result of a	4963
conviction of or plea of guilty to an aggravated sexually oriented	4964
offense committed on or after the effective date of this	4965
amendment, the offender or delinquent child also shall send the	4966
sheriff of the county in which the offender or delinquent child	4967
intends to reside written notice of the offender's or delinquent	4968
child's intent to reside in the county. The offender or delinquent	4969
child shall send the notice of intent to reside at least twenty	4970
days prior to the date the offender or delinquent child begins to	4971
reside in the county. The notice of intent to reside shall contain	4972
the following information:	4973

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

4974

(2) The address or addresses at which the offender or	4975
delinquent child intends to reside;	4976

(3) The sexually oriented offense of which the offender was	4977
convicted, to which the offender pleaded guilty, or for which the	4978
child was adjudicated a delinquent child;	4979

(4) A statement that the offender or delinquent child has	4980
been adjudicated as being a sexual predator, a statement that the	4981
delinquent child has been adjudicated a sexual predator and that,	4982
as of the date of the notice, the court has not entered a	4983
determination that the offender or delinquent child no longer is a	4984
sexual predator, a statement that the sentencing or reviewing	4985
judge has determined that the offender or delinquent child is a	4986
habitual sex offender and that, as of the date of the notice, the	4987
determination has not been removed pursuant to section 2152.84 or	4988
2152.85 of the Revised Code, or a statement that the offender was	4989
convicted of or pleaded guilty to an aggravated sexually oriented	4990
offense committed on or after the effective date of this	4991
amendment.	4992

(H) If, immediately prior to the effective date of this	4993
amendment, an offender or delinquent child who was convicted of,	4994
pleaded guilty to, or adjudicated a delinquent child for	4995
committing a sexually oriented offense was required by division	4996
(A) of this section to register and if, on or after the effective	4997
date of this amendment, that offense no longer is a sexually	4998
oriented offense but instead is designated a child-victim oriented	4999
offense, division (A)(1)(c) or (2)(b) of section 2950.041 of the	5000
Revised Code applies regarding the offender or delinquent child	5001
and the duty to register that is imposed pursuant to that division	5002
shall be considered, for purposes of section 2950.07 of the	5003
Revised Code and for all other purposes, to be a continuation of	5004
the duty imposed upon the offender prior to the effective date of	5005
this amendment under this section.	5006

Sec. 2950.041.  (A)(1) Each of the following types of	5007
offender who is convicted of or pleads guilty to, or has been	5008
convicted of or pleaded guilty to, a child-victim oriented offense	5009
shall register personally with the sheriff of the county within	5010
five days of the offender's coming into a county in which the	5011
offender resides or temporarily is domiciled for more than five	5012
days, shall register personally with the sheriff of the county	5013
immediately upon coming into a county in which the offender	5014
attends a school or institution of higher education on a full-time	5015
or part-time basis regardless of whether the offender resides or	5016
has a temporary domicile in this state or another state, shall	5017
register personally with the sheriff of the county in which the	5018
offender is employed if the offender resides or has a temporary	5019
domicile in this state and has been employed in that county for	5020
more than fourteen days or for an aggregate period of thirty or	5021
more days in that calendar year, shall register personally with	5022
the sheriff of the county in which the offender then is employed	5023
if the offender does not reside or have a temporary domicile in	5024
this state and has been employed at any location or locations in	5025
this state for more than fourteen days or for an aggregate period	5026
of thirty or more days in that calendar year, and shall register	5027
personally with the sheriff or other appropriate person of the	5028
other state immediately upon entering into any state other than	5029
this state in which the offender attends a school or institution	5030
of higher education on a full-time or part-time basis or upon	5031
being employed in any state other than this state for more than	5032
fourteen days or for an aggregate period of thirty or more days in	5033
that calendar year regardless of whether the offender resides or	5034
has a temporary domicile in this state, the other state, or a	5035
different state:	5036

(a) Regardless of when the child-victim oriented offense was	5037
committed, an offender who is sentenced for the child-victim	5038
oriented offense to a prison term, a term of imprisonment, or any	5039
other type of confinement and, on or after the effective date of	5040
this section, is released in any manner from the prison term, term	5041
of imprisonment, or confinement;	5042

(b) Regardless of when the child-victim oriented offense was	5043
committed, an offender who is sentenced for a child-victim	5044
oriented offense on or after the effective date of this section,	5045
and to whom division (A)(1)(a) of this section does not apply;	5046

(c) If the child-victim oriented offense was committed prior	5047
to the effective date of this section, if the offense was	5048
considered prior to that date to be a sexually oriented offense,	5049
and if neither division (A)(1)(a) nor division (A)(1)(b) of this	5050
section applies, an offender who, immediately prior to the	5051
effective date of this section, was required to register as a	5052
result of conviction of or plea of guilty to the commission of	5053
that offense under section 2950.04 of the Revised Code. For any	5054
offender who is described in this division, the duty imposed under	5055
this division shall be considered, for purposes of section 2950.07	5056
of the Revised Code and for all other purposes, to be a	5057
continuation of the duty imposed upon the offender prior to the	5058
effective date of this section under section 2950.04 of the	5059
Revised Code.	5060

(2) Each of the following types of delinquent children shall	5061
register personally with the sheriff of the county within five	5062
days of the delinquent child's coming into a county in which the	5063
delinquent child resides or temporarily is domiciled for more than	5064
five days:	5065

(a) Regardless of when the child-victim oriented offense was	5066
committed, a child who on or after the effective date of this	5067
section is adjudicated a delinquent child for committing a	5068
child-victim oriented offense and who is classified a juvenile	5069
offender registrant based on that adjudication. If the delinquent	5070
child is committed for the child-victim oriented offense to the	5071
department of youth services or to a secure facility that is not	5072
operated by the department, this duty begins when the delinquent	5073
child is discharged or released in any manner from custody in a	5074
department of youth services secure facility or from the secure	5075
facility that is not operated by the department, if pursuant to	5076
the discharge or release the delinquent child is not committed to	5077
any other secure facility of the department or any other secure	5078
facility. The delinquent child does not have a duty to register	5079
under this division while the child is in a department of youth	5080
services secure facility or in a secure facility that is not	5081
operated by the department.	5082

(b) If the child-victim oriented offense was committed prior	5083
to the effective date of this section, if the offense was	5084
considered prior to that date to be a sexually oriented offense,	5085
and if division (A)(2)(a) of this section does not apply, a	5086
delinquent child who, immediately prior to the effective date of	5087
this section, was classified a juvenile sex offender registrant	5088
and required to register as a result of a delinquent child	5089
adjudication for the commission of that offense under section	5090
2950.04 of the Revised Code. For any delinquent child who is	5091
described in this division, the duty imposed under this division	5092
shall be considered, for purposes of section 2950.07 of the	5093
Revised Code and for all other purposes, to be a continuation of	5094
the duty imposed upon the delinquent child prior to the effective	5095
date of this section under section 2950.04 of the Revised Code. If	5096
the delinquent child is committed for the child-victim oriented	5097
offense to the department of youth services or to a secure	5098
facility that is not operated by the department, the provisions of	5099
division (A)(2)(a) of this section regarding the beginning, and	5100
tolling, of a duty imposed under that division also apply	5101
regarding the beginning, and tolling, of the duty imposed under	5102
this division.	5103

(3) If divisions (A)(1) and (2) of this section do not apply,	5104
each following type of offender and each following type of	5105
delinquent child shall register personally with the sheriff of the	5106
county within five days of the offender's or delinquent child's	5107
coming into a county in which the offender or delinquent child	5108
resides or temporarily is domiciled for more than five days, and	5109
each following type of offender shall register personally with the	5110
sheriff of the county immediately upon coming into a county in	5111
which the offender attends a school or institution of higher	5112
education on a full-time or part-time basis regardless of whether	5113
the offender resides or has a temporary domicile in this state or	5114
another state, shall register personally with the sheriff of the	5115
county in which the offender is employed if the offender resides	5116
or has a temporary domicile in this state and has been employed in	5117
that county for more than fourteen days or for an aggregate period	5118
of thirty or more days in that calendar year, and shall register	5119
personally with the sheriff of the county in which the offender	5120
then is employed if the offender does not reside or have a	5121
temporary domicile in this state and has been employed at any	5122
location or locations in this state for more than fourteen days or	5123
for an aggregate period of thirty or more days in that calendar	5124
year:	5125

(a) Regardless of when the child-victim oriented offense was	5126
committed, a person who is convicted, pleads guilty, or	5127
adjudicated a delinquent child in a court in another state, in a	5128
federal court, military court, or Indian tribal court, or in a	5129
court in any nation other than the United States for committing a	5130
child-victim oriented offense, if, on or after the effective date	5131
of this section, the offender or delinquent child moves to and	5132
resides in this state or temporarily is domiciled in this state	5133
for more than five days, the offender enters this state to attend	5134
any school or institution of higher education on a full-time or	5135
part-time basis, or the offender is employed in this state for	5136
more than fourteen days or for an aggregate period of thirty or	5137
more days in any calendar year, and if, at the time the offender	5138
or delinquent child moves to and resides in this state or	5139
temporarily is domiciled in this state for more than five days,	5140
the offender enters this state to attend the school or institution	5141
of higher education, or the offender is employed in this state for	5142
more than the specified period of time, the offender or delinquent	5143
child has a duty to register as a child-victim offender or sex	5144
offender under the law of that other jurisdiction as a result of	5145
the conviction, guilty plea, or adjudication.	5146

(b) Regardless of when the child-victim oriented offense was	5147
committed, a person who is convicted, pleads guilty, or	5148
adjudicated a delinquent child in a court in another state, in a	5149
federal court, military court, or Indian tribal court, or in a	5150
court in any nation other than the United States for committing a	5151
child-victim oriented offense, if, on or after the effective date	5152
of this section, the offender or delinquent child is released from	5153
imprisonment, confinement, or detention imposed for that offense,	5154
and if, on or after the effective date of this section, the	5155
offender or delinquent child moves to and resides in this state or	5156
temporarily is domiciled in this state for more than five days,	5157
the offender enters this state to attend any school or institution	5158
of higher education on a full-time or part-time basis, or the	5159
offender is employed in this state for more than fourteen days or	5160
for an aggregate period of thirty or more days in any calendar	5161
year. The duty to register as described in this division applies	5162
to an offender regardless of whether the offender, at the time of	5163
moving to and residing in this state or temporarily being	5164
domiciled in this state for more than five days, at the time of	5165
entering into this state to attend the school or institution of	5166
higher education, or at the time of being employed in this state	5167
for more than the specified period of time, has a duty to register	5168
as a child-victim offender or sex offender under the law of the	5169
jurisdiction in which the conviction or guilty plea occurred. The	5170
duty to register as described in this division applies to a	5171
delinquent child only if the delinquent child, at the time of	5172
moving to and residing in this state or temporarily being	5173
domiciled in this state for more than five days, has a duty to	5174
register as a child-victim offender or sex offender under the law	5175
of the jurisdiction in which the delinquent child adjudication	5176
occurred or if, had the delinquent child adjudication occurred in	5177
this state, the adjudicating juvenile court judge would have been	5178
required to issue an order classifying the delinquent child as a	5179
juvenile offender registrant pursuant to section 2152.82 or	5180
division (A) of section 2152.83 of the Revised Code.	5181

(4) If division (A)(1)(a) of this section applies and if,	5182
subsequent to the offender's release, the offender is adjudicated	5183
a child-victim predator under division (C) of section 2950.09 of	5184
the Revised Code, the offender shall register within five days of	5185
the adjudication with the sheriff of the county in which the	5186
offender resides or temporarily is domiciled for more than five	5187
days, shall register with the sheriff of any county in which the	5188
offender subsequently resides or temporarily is domiciled for more	5189
than five days within five days of coming into that county, shall	5190
register within five days of the adjudication with the sheriff of	5191
the county in which the offender attends any school or institution	5192
of higher education on a full-time or part-time basis or in which	5193
the offender is employed if the offender has been employed in that	5194
county for more than fourteen days or for an aggregate period of	5195
thirty or more days in that calendar year regardless of whether	5196
the offender resides or has temporary domicile in this state or	5197
another state, and shall register within five days of the	5198
adjudication with the sheriff or other appropriate person of any	5199
state other than this state in which the offender attends a school	5200
or institution of higher education on a full-time or part-time	5201
basis or in which the offender then is employed if the offender	5202
has been employed in this state for more than fourteen days or for	5203
an aggregate period of thirty or more days in any calendar year	5204
regardless of whether the offender resides or has temporary	5205
domicile in this state, the other state, or a different state.	5206

(5) A person who is adjudicated a delinquent child for	5207
committing a child-victim oriented offense is not required to	5208
register under division (A)(2) of this section unless the	5209
delinquent child committed the offense on or after the effective	5210
date of this section, is classified a juvenile offender registrant	5211
by a juvenile court judge pursuant to an order issued under	5212
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	5213
based on that adjudication, and has a duty to register pursuant to	5214
division (A)(2) of this section.	5215

(B) An offender or delinquent child who is required by	5216
division (A) of this section to register in this state personally	5217
shall do so in the manner described in division (B) of section	5218
2950.04 of the Revised Code, and the registration is complete as	5219
described in that division.	5220

(C) The registration form to be used under divisions (A) and	5221
(B) of this section shall include the photograph of the offender	5222
or delinquent child who is registering and the date on which the	5223
offender or delinquent child committed each child-victim oriented	5224
offense that is the basis of the registration and shall contain	5225
all of the following:	5226

(1) Regarding an offender or delinquent child who is	5227
registering under a duty imposed under division (A)(1), (2), (3),	5228
or (4) of this section as a result of the offender or delinquent	5229
child residing in this state or temporarily being domiciled in	5230
this state for more than five days, all of the information	5231
described in division (C)(1) of section 2950.04 of the Revised	5232
Code;	5233

(2) Regarding an offender who is registering under a duty	5234
imposed under division (A)(1), (3), or (4) of this section as a	5235
result of the offender attending a school or institution of higher	5236
education on a full-time or part-time basis or being employed in	5237
this state or in a particular county in this state, whichever is	5238
applicable, for more than fourteen days or for an aggregate of	5239
thirty or more days in any calendar year, all of the information	5240
described in division (C)(2) of section 2950.04 of the Revised	5241
Code;	5242

(3) Regarding an offender or delinquent child who is	5243
registering under a duty imposed under division (A)(1), (2), (3),	5244
or (4) of this section, if the offender has been adjudicated a	5245
child-victim predator relative to the child-victim oriented	5246
offense in question, if the delinquent child has been adjudicated	5247
a child-victim predator relative to the child-victim oriented	5248
offense in question and the court has not subsequently determined	5249
pursuant to section 2152.84 or 2152.85 of the Revised Code that	5250
the delinquent child no longer is a child-victim predator, if the	5251
offender or delinquent child is automatically classified a	5252
habitual child-victim offender under division (E) of section	5253
2950.091 of the Revised Code, or if the judge determined pursuant	5254
to division (C) or (E) of section 2950.091 or pursuant to section	5255
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the	5256
offender or delinquent child is a habitual child-victim offender	5257
and the determination has not been removed pursuant to section	5258
2152.84 or 2152.85 of the Revised Code, the offender or delinquent	5259
child shall include on the signed, written registration form all	5260
of the information described in division (C)(3) of section 2950.04	5261
of the Revised Code.	5262

(D) Division (D) of section 2950.04 of the Revised Code	5263
applies when an offender or delinquent child registers with a	5264
sheriff pursuant to this section.	5265

(E) No person who is required to register pursuant to	5266
divisions (A) and (B) of this section, and no person who is	5267
required to send a notice of intent to reside pursuant to division	5268
(G) of this section, shall fail to register or send the notice as	5269
required in accordance with those divisions or that division.	5270

(F) An offender or delinquent child who is required to	5271
register pursuant to divisions (A) and (B) of this section shall	5272
register pursuant to this section for the period of time specified	5273
in section 2950.07 of the Revised Code.	5274

(G) If an offender or delinquent child who is required by	5275
division (A) of this section to register is adjudicated a	5276
child-victim predator or a habitual child-victim offender subject	5277
to community notification under division (C)(2) or (E) of section	5278
2950.09 of the Revised Code, the offender or delinquent child also	5279
shall send the sheriff of the county in which the offender or	5280
delinquent child intends to reside written notice of the	5281
offender's or delinquent child's intent to reside in the county.	5282
The offender or delinquent child shall send the notice of intent	5283
to reside at least twenty days prior to the date the offender or	5284
delinquent child begins to reside in the county. The notice of	5285
intent to reside shall contain all of the following information:	5286

(1) The information specified in divisions (G)(1) and (2) of	5287
section 2950.04 of the Revised Code;	5288

(2) The child-victim oriented offense of which the offender	5289
was convicted, to which the offender pleaded guilty, or for which	5290
the child was adjudicated a delinquent child;	5291

(3) A statement that the offender has been adjudicated a	5292
child-victim predator, a statement that the delinquent child has	5293
been adjudicated a child-victim predator and that, as of the date	5294
of the notice, the court has not entered a determination that the	5295
delinquent child no longer is a child-victim predator, or a	5296
statement that the sentencing or reviewing judge has determined	5297
that the offender or delinquent child is a habitual child-victim	5298
offender and that, as of the date of the notice, the determination	5299
has not been removed pursuant to section 2152.84 or 2152.85 of the	5300
Revised Code.	5301

Sec. 2950.05.  (A) If an offender or delinquent child is	5302
required to register pursuant to section 2950.04 or 2950.041 of	5303
the Revised Code, the offender or delinquent child, at least	5304
twenty days prior to changing the offender's or delinquent child's	5305
residence address, or the offender, at least twenty days prior to	5306
changing the address of the offender's school or institution of	5307
higher education and not later than five days after changing the	5308
address of the offender's place of employment, during the period	5309
during which the offender or delinquent child is required to	5310
register, shall provide written notice of the residence, school,	5311
institution of higher education, or place of employment address	5312
change, as applicable, to the sheriff with whom the offender or	5313
delinquent child most recently registered the address under	5314
section 2950.04 or 2950.041 of the Revised Code or under division	5315
(B) of this section.	5316

(B) If an offender or delinquent child is required to provide	5317
notice of a residence, school, institution of higher education, or	5318
place of employment address change under division (A) of this	5319
section, or a delinquent child is required to provide notice of a	5320
residence address change under that division, the offender or	5321
delinquent child, at least twenty days prior to changing the	5322
residence, school, or institution of higher education address and	5323
not later than five days after changing the place of employment	5324
address, as applicable, also shall register the new residence	5325
address in the manner described in divisions (B) and (C) of	5326
section 2950.04 or 2950.041 of the Revised Code, whichever is	5327
applicable, with the sheriff of the county in which the offender's	5328
or delinquent child's new residence address is located, subject to	5329
division (C) of this section.	5330

(C) Divisions (A) and (B) of this section apply to a person	5331
who is required to register pursuant to section 2950.04 or	5332
2950.041 of the Revised Code regardless of whether the new	5333
residence, school, institution of higher education, or place of	5334
employment address is in this state or in another state. If the	5335
new residence address is in another state, the person shall	5336
register with the appropriate law enforcement officials in that	5337
state in the manner required under the law of that state and	5338
within the earlier of the period of time required under the law of	5339
that state or at least seven days prior to changing the residence	5340
address.	5341

(D)(1) Upon receiving from an offender or delinquent child	5342
pursuant to division (A) of this section notice of a change of the	5343
offender's or delinquent child's residence, school, institution of	5344
higher education, or place of employment address or the delinquent	5345
child's residence address, a sheriff promptly shall forward the	5346
new residence address to the bureau of criminal identification and	5347
investigation in accordance with the forwarding procedures adopted	5348
pursuant to section 2950.13 of the Revised Code if the new	5349
residence address is in another state or, if the offender's or	5350
delinquent child's new residence address is located in another	5351
county in this state, to the sheriff of that county. The bureau	5352
shall include all information forwarded to it under this division	5353
in the state registry of sex offenders and child-victim offenders	5354
established and maintained under section 2950.13 of the Revised	5355
Code and shall forward notice of the offender's or delinquent	5356
child's new residence, school, institution of higher education, or	5357
place of employment address, as applicable, to the appropriate	5358
officials in the other state.	5359

(2) When an offender or delinquent child registers a new	5360
residence, school, institution of higher education, or place of	5361
employment address or a delinquent child registers a new residence	5362
address pursuant to division (B) of this section, the sheriff with	5363
whom the offender or delinquent child registers and the bureau of	5364
criminal identification and investigation shall comply with	5365
division (D) of section 2950.04 or 2950.041 of the Revised Code,	5366
whichever is applicable.	5367

(E)(1) No person who is required to notify a sheriff of a	5368
change of address pursuant to division (A) of this section shall	5369
fail to notify the appropriate sheriff in accordance with that	5370
division.	5371

(2) No person who is required to register a new residence,	5372
school, institution of higher education, or place of employment	5373
address with a sheriff or with an official of another state	5374
pursuant to divisions (B) and (C) of this section shall fail to	5375
register with the appropriate sheriff or official of the other	5376
state in accordance with those divisions.	5377

(F) An offender or delinquent child who is required to comply	5378
with divisions (A), (B), and (C) of this section shall do so for	5379
the period of time specified in section 2950.07 of the Revised	5380
Code.	5381

Sec. 2950.06.  (A) An offender or delinquent child who is	5382
required to register a residence address pursuant to section	5383
2950.04 or 2950.041 of the Revised Code shall periodically verify	5384
the offender's or delinquent child's current residence address,	5385
and an offender who is required to register a school, institution	5386
of higher education, or place of employment address pursuant to	5387
either of those sections shall periodically verify the address of	5388
the offender's current school, institution of higher education, or	5389
place of employment, in accordance with this section. The	5390
frequency of verification shall be determined in accordance with	5391
division (B) of this section, and the manner of verification shall	5392
be determined in accordance with division (C) of this section.	5393

(B) The frequency with which an offender or delinquent child	5394
must verify the offender's or delinquent child's current	5395
residence, school, institution of higher education, or place of	5396
employment address pursuant to division (A) of this section shall	5397
be determined as follows:	5398

(1) Regardless of when the sexually oriented offense or	5399
child-victim oriented offense for which the offender or delinquent	5400
child is required to register was committed, if the offender or	5401
delinquent child has been adjudicated as being a sexual predator	5402
relative to the sexually oriented offense and the court has not	5403
subsequently entered a determination pursuant to division (D) of	5404
section 2950.09, section 2152.84, or section 2152.85 of the	5405
Revised Code that the offender or delinquent child no longer is a	5406
sexual predator, or if the offender is required to register as a	5407
result of an aggravated sexually oriented offense committed on or	5408
after the effective date of this amendment, the offender or	5409
delinquent child shall verify the offender's or delinquent child's	5410
current residence address or current school, institution of higher	5411
education, or place of employment address, and the delinquent	5412
child shall verify the delinquent child's current residence	5413
address, in accordance with division (C) of this section every	5414
ninety days after the offender's or delinquent child's initial	5415
registration date during the period the offender or delinquent	5416
child is required to register if any of the following applies:	5417

(a) The offender or delinquent child is required to register	5418
based on a sexually oriented offense, and either the offender has	5419
been adjudicated a sexual predator relative to the sexually	5420
oriented offense, the delinquent child has been adjudicated a	5421
sexual predator relative to the sexually oriented offense and the	5422
court has not subsequently entered a determination pursuant to	5423
section 2152.84 or 2152.85 of the Revised Code that the delinquent	5424
child no longer is a sexual predator, or the offender is required	5425
to register as a result of an aggravated sexually oriented	5426
offense.	5427

(b) The offender or delinquent child is required to register	5428
based on a child-victim oriented offense, and either the offender	5429
has been adjudicated a child-victim predator relative to the	5430
child-victim oriented offense or the delinquent child has been	5431
adjudicated a child-victim predator relative to the child-victim	5432
oriented offense and the court has not subsequently entered a	5433
determination pursuant to section 2152.84 or 2152.85 of the	5434
Revised Code that the delinquent child no longer is a child-victim	5435
predator.	5436

(2) In all circumstances not described in division (B)(1) of	5437
this section, the offender or delinquent child shall verify the	5438
offender's or delinquent child's current residence address or	5439
current school, institution of higher education, or place of	5440
employment address, and the delinquent child shall verify the	5441
delinquent child's current residence address, in accordance with	5442
division (C) of this section on each year on the day that is ten	5443
days before the anniversary of the offender's or delinquent	5444
child's initial registration date during the period the offender	5445
or delinquent child is required to register.	5446

If, prior to the effective date of this amendment, an	5447
offender or delinquent child registered with a sheriff under a	5448
duty imposed under section 2950.04 of the Revised Code as a result	5449
of a conviction of, plea of guilty to, or adjudication as a	5450
delinquent child for committing a sexually oriented offense and	5451
if, on or after the effective date of this amendment, that offense	5452
no longer is a sexually oriented offense but instead is a	5453
child-victim oriented offense, the duty to register that is	5454
imposed on the offender or delinquent child pursuant to section	5455
2950.041 of the Revised Code is a continuation of the duty imposed	5456
upon the offender prior to the effective date of this amendment	5457
under section 2950.04 of the Revised Code and, for purposes of	5458
divisions (B)(1) and (2) of this section, the offender's initial	5459
registration date related to that offense is the date on which the	5460
offender initially registered under section 2950.04 of the Revised	5461
Code.	5462

(C)(1) An offender or delinquent child who is required to	5463
verify the offender's or delinquent child's current residence,	5464
school, institution of higher education, or place of employment	5465
address pursuant to division (A) of this section shall verify the	5466
address with the sheriff with whom the offender or delinquent	5467
child most recently registered the address by personally appearing	5468
before the sheriff or a designee of the sheriff, no earlier than	5469
ten days before the date on which the verification is required	5470
pursuant to division (B) of this section and no later than the	5471
date so required for verification, and completing and signing a	5472
copy of the verification form prescribed by the bureau of criminal	5473
identification and investigation. The sheriff or designee shall	5474
sign the completed form and indicate on the form the date on which	5475
it is so completed. The verification required under this division	5476
is complete when the offender or delinquent child personally	5477
appears before the sheriff or designee and completes and signs the	5478
form as described in this division.	5479

(2) To facilitate the verification of an offender's or	5480
delinquent child's current residence, school, institution of	5481
higher education, or place of employment address, as applicable,	5482
under division (C)(1) of this section, the sheriff with whom the	5483
offender or delinquent child most recently registered the address	5484
may mail a nonforwardable verification form prescribed by the	5485
bureau of criminal identification and investigation to the	5486
offender's or delinquent child's last reported address and to the	5487
last reported address of the parents of the delinquent child, with	5488
a notice that conspicuously states that the offender or delinquent	5489
child must personally appear before the sheriff or a designee of	5490
the sheriff to complete the form and the date by which the form	5491
must be so completed. Regardless of whether a sheriff mails a form	5492
to an offender or delinquent child and that child's parents, each	5493
offender or delinquent child who is required to verify the	5494
offender's or delinquent child's current residence, school,	5495
institution of higher education, or place of employment address,	5496
as applicable, pursuant to division (A) of this section shall	5497
personally appear before the sheriff or a designee of the sheriff	5498
to verify the address in accordance with division (C)(1) of this	5499
section.	5500

(D) The verification form to be used under division (C) of	5501
this section shall contain all of the following:	5502

(1) Except as provided in division (D)(2) of this section,	5503
the current residence address of the offender or delinquent child,	5504
the name and address of the offender's or delinquent child's	5505
employer if the offender or delinquent child is employed at the	5506
time of verification or if the offender or delinquent child knows	5507
at the time of verification that the offender or delinquent child	5508
will be commencing employment with that employer subsequent to	5509
verification, the date on which the offender or delinquent child	5510
committed each sexually oriented offense or child-victim oriented	5511
offense that is the basis of the verification, the name and	5512
address of the offender's school or institution of higher	5513
education if the offender attends one at the time of verification	5514
or if the offender knows at the time of verification that the	5515
offender will be commencing attendance at that school or	5516
institution subsequent to verification, and any other information	5517
required by the bureau of criminal identification and	5518
investigation. Additionally, for every verification on or after	5519
the effective date of this amendment, the offender or delinquent	5520
child shall include on the signed verification form the	5521
identification license plate number, make, model, year, and color	5522
of each motor vehicle registered in the offender's or delinquent	5523
child's name, and any other identifying information that the	5524
sheriff requires for each motor vehicle that is registered in the	5525
offender's or delinquent child's name.	5526

(2) Regarding an offender who is verifying a current school,	5527
institution of higher education, or place of employment address,	5528
the current address of the school, institution of higher	5529
education, or place of employment of the offender and any other	5530
information required by the bureau of criminal identification and	5531
investigation.	5532

(E) Upon an offender's or delinquent child's personal	5533
appearance and completion of a verification form under division	5534
(C) of this section, a sheriff promptly shall forward a copy of	5535
the verification form to the bureau of criminal identification and	5536
investigation in accordance with the forwarding procedures adopted	5537
by the attorney general pursuant to section 2950.13 of the Revised	5538
Code. If an offender verifies a school, institution of higher	5539
education, or place of employment address, or provides a school or	5540
institution of higher education address under division (D)(1) of	5541
this section, the sheriff also shall provide notice to the law	5542
enforcement agency with jurisdiction over the premises of the	5543
school, institution of higher education, or place of employment of	5544
the offender's name and that the offender has verified or provided	5545
that address as a place at which the offender attends school or an	5546
institution of higher education or at which the offender is	5547
employed. The bureau shall include all information forwarded to it	5548
under this division in the state registry of sex offenders and	5549
child-victim offenders established and maintained under section	5550
2950.13 of the Revised Code.	5551

(F) No person who is required to verify a current residence,	5552
school, institution of higher education, or place of employment	5553
address, as applicable, pursuant to divisions (A) to (C) of this	5554
section shall fail to verify a current residence, school,	5555
institution of higher education, or place of employment address,	5556
as applicable, in accordance with those divisions by the date	5557
required for the verification as set forth in division (B) of this	5558
section, provided that no person shall be prosecuted or subjected	5559
to a delinquent child proceeding for a violation of this division,	5560
and that no parent, guardian, or custodian of a delinquent child	5561
shall be prosecuted for a violation of section 2919.24 of the	5562
Revised Code based on the delinquent child's violation of this	5563
division, prior to the expiration of the period of time specified	5564
in division (G) of this section.	5565

(G)(1) 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
sheriff with whom the offender or delinquent child is required to	5571
verify the current residence address, on the day following that	5572
date required for the verification, shall send a written warning	5573
to the offender or to the delinquent child and that child's	5574
parents, at the offender's or delinquent child's and that child's	5575
parents' last known residence, school, institution of higher	5576
education, or place of employment address, as applicable,	5577
regarding the offender's or delinquent child's duty to verify the	5578
offender's or delinquent child's current residence, school,	5579
institution of higher education, or place of employment address,	5580
as applicable.	5581

The written warning shall do all of the following:

5582

(a) Identify the sheriff who sends it and the date on which	5583
it is sent;	5584

(b) State conspicuously that the offender or delinquent child	5585
has failed to verify the offender's or delinquent child's current	5586
residence, school, institution of higher education, or place of	5587
employment address or the delinquent child's current residence	5588
address by the date required for the verification;	5589

(c) Conspicuously state that the offender or delinquent child	5590
has seven days from the date on which the warning is sent to	5591
verify the current residence, school, institution of higher	5592
education, or place of employment address, as applicable, with the	5593
sheriff who sent the warning;	5594

(d) Conspicuously state that a failure to timely verify the	5595
specified current residence address or addresses is a felony	5596
offense;	5597

(e) Conspicuously state that, if the offender or delinquent	5598
child verifies the current residence, school, institution of	5599
higher education, or place of employment address or the delinquent	5600
child verifies the current residence address with that sheriff	5601
within that seven-day-periodseven-day period, the offender or	5602
delinquent child will not be prosecuted or subjected to a	5603
delinquent child proceeding for a failure to timely verify a	5604
current residence address and the delinquent child's parent,	5605
guardian, or custodian will not be prosecuted based on a failure	5606
of the delinquent child to timely verify an address;	5607

(f) Conspicuously state that, if the offender or delinquent	5608
child does not verify the current residence, school, institution	5609
of higher education, or place of employment address or the	5610
delinquent child verifies the current residence address with that	5611
sheriff within that seven-day-periodseven-day period, the	5612
offender or delinquent child will be arrested or taken into	5613
custody, as appropriate, and prosecuted or subjected to a	5614
delinquent child proceeding for a failure to timely verify a	5615
current residence address and the delinquent child's parent,	5616
guardian, or custodian may be prosecuted for a violation of	5617
section 2919.24 of the Revised Code based on the delinquent	5618
child's failure to timely verify a current residence address.	5619

(2) If an offender or delinquent child fails to verify a	5620
current residence, school, institution of higher education, or	5621
place of employment address, as applicable, as required by	5622
divisions (A) to (C) of this section by the date required for the	5623
verification as set forth in division (B) of this section, the	5624
offender or delinquent child shall not be prosecuted or subjected	5625
to a delinquent child proceeding for a violation of division (F)	5626
of this section, and the delinquent child's parent, guardian, or	5627
custodian shall not be prosecuted for a violation of section	5628
2919.24 of the Revised Code based on the delinquent child's	5629
failure to timely verify a current residence address, as	5630
applicable, unless the seven-day-periodseven-day period	5631
subsequent to that date that the offender or delinquent child is	5632
provided under division (G)(1) of this section to verify the	5633
current residence address has expired and the offender or	5634
delinquent child, prior to the expiration of that seven-day-period	5635
seven-day period, has not verified the current residence address.	5636
Upon the expiration of the seven-day-periodseven-day period that	5637
the offender or delinquent child is provided under division (G)(1)	5638
of this section to verify the current residence address has	5639
expired, if the offender or delinquent child has not verified the	5640
current residence address, all of the following apply:	5641

(a) The sheriff with whom the offender or delinquent child is	5642
required to verify the current residence, school, institution of	5643
higher education, or place of employment address, as applicable,	5644
promptly shall notify the bureau of criminal identification and	5645
investigation of the failure.	5646

(b) The sheriff with whom the offender or delinquent child is	5647
required to verify the current residence, school, institution of	5648
higher education, or place of employment address, as applicable,	5649
the sheriff of the county in which the offender or delinquent	5650
child resides, the sheriff of the county in which is located the	5651
offender's school, institution of higher education, or place of	5652
employment address that was to be verified, or a deputy of the	5653
appropriate sheriff, shall locate the offender or delinquent	5654
child, promptly shall seek a warrant for the arrest or taking into	5655
custody, as appropriate, of the offender or delinquent child for	5656
the violation of division (F) of this section and shall arrest the	5657
offender or take the child into custody, as appropriate.	5658

(c) The offender or delinquent child is subject to	5659
prosecution or a delinquent child proceeding for the violation of	5660
division (F) of this section, and the delinquent child's parent,	5661
guardian, or custodian may be subject to prosecution for a	5662
violation of section 2919.24 of the Revised Code based on the	5663
delinquent child's violation of that division.	5664

(H) A personAn offender who is required to verify the	5665
person'soffender's current residence, school, institution of	5666
higher education, or place of employment address pursuant to	5667
divisions (A) to (C) of this section and a delinquent child who is	5668
required to verify the delinquent child's current residence	5669
address pursuant to those divisions shall do so for the period of	5670
time specified in section 2950.07 of the Revised Code.	5671

Sec. 2950.07.  (A) The duty of an offender who is convicted	5672
of or pleads guilty to, or has been convicted of or pleaded guilty	5673
to, either a sexually oriented offense that is not a	5674
registration-exempt sexually oriented offense or a child-victim	5675
oriented offense and the duty of a delinquent child who is	5676
adjudicated a delinquent child for committing either a sexually	5677
oriented offense that is not a registration-exempt sexually	5678
oriented offense or a child-victim oriented offense and is	5679
classified a juvenile sex offender registrant or who is an	5680
out-of-state juvenile sex offender registrant to comply with	5681
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5682
Code commences on whichever of the following dates is applicable:	5683

(1) If the offender's duty to register is imposed pursuant to	5684
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of	5685
section 2950.041 of the Revised Code, the offender's duty to	5686
comply with those sections commences regarding residence addresses	5687
on the date of the offender's release from a prison term, a term	5688
of imprisonment, or any other type of confinement or on July 1,	5689
1997, for a duty under section 2950.04 or the effective date of	5690
this amendment for a duty under section 2950.041 of the Revised	5691
Code, whichever is later, and commences regarding addresses of	5692
schools, institutions of higher education, and places of	5693
employment on the date of the offender's release from a prison	5694
term, term of imprisonment, or any other type of confinement or on	5695
the effective date of this amendment, whichever is later.	5696

(2) If the offender's duty to register is imposed pursuant to	5697
division (A)(1)(b) of section 2950.04 or division (A)(1)(b) of	5698
section 2950.041 of the Revised Code, the offender's duty to	5699
comply with those sections commences regarding residence addresses	5700
on the date of entry of the judgment of conviction of the sexually	5701
oriented offense or child-victim oriented offense or on July 1,	5702
1997, for a duty under section 2950.04 or the effective date of	5703
this amendment for a duty under section 2950.041 of the Revised	5704
Code, whichever is later, and commences regarding addresses of	5705
schools, institutions of higher education, and places of	5706
employment on the date of entry of the judgment of conviction of	5707
the sexually oriented offense or child-victim oriented offense or	5708
on the effective date of this amendment, whichever is later.	5709

(3) If the offender's duty to register is imposed pursuant to	5710
division (A)(1)(c) of section 2950.04 of the Revised Code, the	5711
offender's duty to comply with those sections commences regarding	5712
residence addresses fourteen days after July 1, 1997, and	5713
commences regarding addresses of schools, institutions of higher	5714
education, and places of employment fourteen days after the	5715
effective date of this amendment.	5716

(4) If the offender's or delinquent child's duty to register	5717
is imposed pursuant to division (A)(3)(a) or (b) of section	5718
2950.04 or division (A)(3)(a) or (b) of section 2950.041 of the	5719
Revised Code, the offender's duty to comply with those sections	5720
commences regarding residence addresses on March 30, 1999, or on	5721
the date that the offender begins to reside or becomes temporarily	5722
domiciled in this state or on March 30, 1999, for a duty under	5723
section 2950.04 of the Revised Code or the effective date of this	5724
amendment for a duty under section 2950.041 of the Revised Code,	5725
whichever is later, the offender's duty regarding addresses of	5726
schools, institutions of higher education, and places of	5727
employment commences on the effective date of this amendment or on	5728
the date the offender begins attending any school or institution	5729
of higher education in this state on a full-time or part-time	5730
basis or becomes employed in this state, whichever is later, and	5731
the delinquent child's duty commences on January 1, 2002, or on	5732
the date the delinquent child begins to reside or becomes	5733
temporarily domiciled in this state or on January 1, 2002, for a	5734
duty under section 2950.04 of the Revised Code or the effective	5735
date of this amendment for a duty under section 2950.041 of the	5736
Revised Code, whichever is later.	5737

(5) If the delinquent child's duty to register is imposed	5738
pursuant to division (A)(2) of section 2950.04 or division	5739
(A)(2)(a) of section 2950.041 of the Revised Code, if the	5740
delinquent child's classification as a juvenile sex offender	5741
registrant is made at the time of the child's disposition for that	5742
sexually oriented offense or child-victim oriented offense,	5743
whichever is applicable, and if the delinquent child is committed	5744
for the sexually oriented offense or child-victim oriented offense	5745
to the department of youth services or to a secure facility that	5746
is not operated by the department, the delinquent child's duty to	5747
comply with those sections commences on the date of the delinquent	5748
child's discharge or release from custody in the department of	5749
youth services secure facility or from the secure facility not	5750
operated by the department as described in that division.	5751

(6) If the delinquent child's duty to register is imposed	5752
pursuant to division (A)(2) of section 2950.04 or division	5753
(A)(2)(a) of section 2950.041 of the Revised Code and if either	5754
the delinquent child's classification as a juvenile sex offender	5755
registrant is made at the time of the child's disposition for that	5756
sexually oriented offense or child-victim oriented offense,	5757
whichever is applicable, and the delinquent child is not committed	5758
for the sexually oriented offense or child-victim oriented offense	5759
to the department of youth services or to a secure facility that	5760
is not operated by the department or the child's classification as	5761
a juvenile sex offender registrant is made pursuant to sections	5762
2152.83 of the Revised Code, the delinquent child's duty to comply	5763
with those sections commences on the date of entry of the court's	5764
order that classifies the delinquent child a juvenile sex offender	5765
registrant.	5766

(7) If the offender's duty to register is imposed pursuant to	5767
division (A)(1)(c) of section 2950.041 of the Revised Code, the	5768
offender's duty to comply with those sections regarding residence	5769
addresses is a continuation of the offender's former duty to	5770
register regarding residence addresses imposed prior to the	5771
effective date of this amendment under section 2950.04 of the	5772
Revised Code and shall be considered for all purposes as having	5773
commenced on the date that the offender's former duty under that	5774
section commenced. The offender's duty to comply with those	5775
sections commences regarding addresses of schools, institutions of	5776
higher education, and places of employment on the effective date	5777
of this amendment.	5778

(8) If the delinquent child's duty to register is imposed	5779
pursuant to division (A)(2)(b) of section 2950.041 of the Revised	5780
Code, the delinquent child's duty to comply with those sections is	5781
a continuation of the delinquent child's former duty to register	5782
imposed prior to the effective date of this amendment under	5783
section 2950.04 of the Revised Code and shall be considered for	5784
all purposes as having commenced on the date that the delinquent	5785
child's former duty under that section commenced or commences.	5786

(B) The duty of an offender who is convicted of or pleads	5787
guilty to, or has been convicted of or pleaded guilty to, either a	5788
sexually oriented offense that is not a registration-exempt	5789
sexually oriented offense or a child-victim oriented offense and	5790
the duty of a delinquent child who is adjudicated a delinquent	5791
child for committing either a sexually oriented offense that is	5792
not a registration-exempt sexually oriented offense or a	5793
child-victim oriented offense and is classified a juvenile sex	5794
offender registrant or who is an out-of-state juvenile sex	5795
offender registrant to comply with sections 2950.04, 2950.041,	5796
2950.05, and 2950.06 of the Revised Code continues, after the date	5797
of commencement, for whichever of the following periods is	5798
applicable:	5799

(1) Except as otherwise provided in this division, if the	5800
offense is a sexually oriented offense that is not a	5801
registration-exempt sexually oriented offense and the offender or	5802
delinquent child has been adjudicated a sexual predator relative	5803
to the sexually oriented offense or, if the offense is a sexually	5804
oriented offense and the offender has the duty to register as a	5805
result of an aggravated sexually oriented offense committed on or	5806
after the effective date of this amendment, or if the offense is a	5807
child-victim oriented offense and the offender or delinquent child	5808
has been adjudicated a child-victim predator relative to the	5809
child-victim oriented offense, the offender's or delinquent	5810
child's duty to comply with those sections continues until the	5811
offender's or delinquent child's death. Regarding an offender ora	5812
delinquent child who has been adjudicated a sexual predator	5813
relative to the sexually oriented offense or who has been	5814
adjudicated a child-victim predator relative to the child-victim	5815
oriented offense, if the judge who sentenced the offender or made	5816
the disposition for the delinquent child or that judge's successor	5817
in office subsequently enters a determination pursuant to division	5818
(D) of section 2950.09 or pursuant to section 2152.84 or 2152.85	5819
of the Revised Code that the offender or delinquent child no	5820
longer is a sexual predator or child-victim predator, the	5821
offender's or delinquent child's duty to comply with those	5822
sections continues for the period of time that otherwise would	5823
have been applicable to the offender or delinquent child under	5824
division (B)(2) or (3) of this section or, if the offender's duty	5825
to register results from a conviction of or plea of guilty to an	5826
aggravated sexually oriented offense, until the offender's death	5827
as specified under this division. In no case shall the lifetime	5828
duty to registercomply that is imposed under this division on an	5829
offender who is adjudicated a sexual predator or is adjudicated a	5830
child-victim predator or is imposed under this division for an	5831
aggravated sexually oriented offense committed on or after the	5832
effective date of this amendment, or the adjudication,	5833
classification, or conviction that subjects the offender to this	5834
division, be removed or terminated.	5835

(2) If the judge who sentenced the offender or made the	5836
disposition for the delinquent child for committing the sexually	5837
oriented offense that is not a registration-exempt sexually	5838
oriented offense or the child-victim oriented offense, or the	5839
successor in office of the juvenile court judge who made the	5840
delinquent child disposition, determined pursuant to division (E)	5841
of section 2950.09 or 2950.091 or pursuant to division (B) of	5842
section 2152.83, section 2152.84, or section 2152.85 of the	5843
Revised Code that the offender or delinquent child is a habitual	5844
sex offender or a habitual child-victim offender, or if the	5845
offender or delinquent child is automatically classified a	5846
habitual child-victim offender pursuant to division (E) of section	5847
2950.091 of the Revised Code, the offender's or delinquent child's	5848
duty to comply with those sections continues either until the	5849
offender's death or for twenty years, determined as provided in	5850
this division, and the delinquent child's duty to comply with	5851
those sections continues for twenty years. If a delinquent child	5852
is so determined pursuant to division (E) of section 2950.09 or	5853
pursuant to division (B) of section 2152.83, section 2152.84, or	5854
section 2152.85 of the Revised Codeor classified to be a habitual	5855
sex offender or a habitual child-victim offender and if the judge	5856
who made the disposition for the delinquent child or that judge's	5857
successor in office subsequently enters a determination pursuant	5858
to section 2152.84 or 2152.85 of the Revised Code that the	5859
delinquent child no longer is a habitual sex offender or habitual	5860
child-victim offender but remains a juvenile sex offender	5861
registrant, the delinquent child's duty to comply with those	5862
sections continues for the period of time that otherwise would	5863
have been applicable to the delinquent child under division (B)(3)	5864
of this section. Except as otherwise provided in this division,	5865
the offender's duty to comply with those sections continues until	5866
the offender's death. If a lifetime duty to comply is imposed	5867
under this division on an offender, in no case shall that lifetime	5868
duty, or the determination that subjects the offender to this	5869
division, be removed or terminated. The offender's duty to comply	5870
with those sections continues for twenty years if the offender is	5871
a habitual sex offender and both of the following apply:	5872

(a) At least one of the sexually oriented offenses of which	5873
the offender has been convicted or to which the offender has	5874
pleaded guilty and that are included in the habitual sex offender	5875
determination is a violation of division (A)(1) or (5) of section	5876
2907.06 of the Revised Code involving a victim who is eighteen	5877
years of age or older, a violation of division (A), (B), or (E) of	5878
section 2907.08 of the Revised Code involving a victim who is	5879
eighteen years of age or older, or a violation of section 2903.211	5880
of the Revised Code that is a misdemeanor;	5881

(b) The total of all the sexually oriented offenses of which	5882
the offender has been convicted or to which the offender has	5883
pleaded guilty and that are included in the habitual sex offender	5884
determination does not include at least two sexually oriented	5885
offenses that are not described in division (B)(2)(a) of this	5886
section.	5887

(3) If neither division (B)(1) nor (B)(2) of this section	5888
applies, the offender's or delinquent child's duty to comply with	5889
those sections continues for ten years. If a delinquent child is	5890
classified pursuant to section 2152.82 or 2152.83 of the Revised	5891
Code a juvenile sex offender registrant and if the judge who made	5892
the disposition for the delinquent child or that judge's successor	5893
in office subsequently enters a determination pursuant to section	5894
2152.84 or 2152.85 of the Revised Code that the delinquent child	5895
no longer is to be classified a juvenile sex offender registrant,	5896
the delinquent child's duty to comply with those sections	5897
terminates upon the court's entry of the determination.	5898

(C)(1) If an offender has been convicted of or pleaded guilty	5899
to a sexually oriented offense or a delinquent child has been	5900
adjudicated a delinquent child for committing a sexually oriented	5901
offense and is classified a juvenile sex offender registrant or is	5902
an out-of-state juvenile sex offender registrant,that is not a	5903
registration-exempt sexually oriented offense and if the offender	5904
subsequently is convicted of or pleads guilty to another sexually	5905
oriented offense or a child-victim oriented offense, if an	5906
offender has been convicted of or pleaded guilty to a child-victim	5907
oriented offense and the offender subsequently is convicted of or	5908
pleads guilty to another child-victim oriented offense or a	5909
sexually oriented offense, if a delinquent child has been	5910
adjudicated a delinquent child for committing a sexually oriented	5911
offense that is not a registration-exempt sexually oriented	5912
offense and is classified a juvenile offender registrant or is an	5913
out-of-state juvenile offender registrant and the delinquent child	5914
subsequently is adjudicated a delinquent child for committing	5915
another sexually oriented offense or a child-victim oriented	5916
offense and is classified a juvenile sex offender registrant	5917
relative to that offense or subsequently is convicted of or pleads	5918
guilty to another sexually oriented offense or a child-victim	5919
oriented offense, or if a delinquent child has been adjudicated a	5920
delinquent child for committing a child-victim oriented offense	5921
and is classified a juvenile offender registrant or is an	5922
out-of-state juvenile offender registrant and the child	5923
subsequently is adjudicated a delinquent child for committing	5924
another child-victim oriented offense or a sexually oriented	5925
offense and is classified a juvenile offender registrant relative	5926
to that offense or subsequently is convicted of or pleads guilty	5927
to another child-victim oriented offense or a sexually oriented	5928
offense, the period of time for which the offender or delinquent	5929
child must comply with the sections specified in division (A) of	5930
this section shall be separately calculated pursuant to divisions	5931
(A)(1) to (6)(8) and (B)(1) to (3) of this section for each of the	5932
sexually oriented offenses and child-victim oriented offenses, and	5933
the separately calculated periods of time shall be complied with	5934
independently.	5935

If a delinquent child has been adjudicated a delinquent child	5936
for committing either a sexually oriented offense that is not a	5937
registration-exempt sexually oriented offense or a child-victim	5938
oriented offense, is classified a juvenile sex offender registrant	5939
or is an out-of-state juvenile sex offender registrant relative to	5940
the offense, and, after attaining eighteen years of age,	5941
subsequently is convicted of or pleads guilty to another sexually	5942
oriented offense or child-victim oriented offense, the subsequent	5943
conviction or guilty plea does not limit, affect, or supersede the	5944
duties imposed upon the delinquent child under this chapter	5945
relative to the delinquent child's classification as a juvenile	5946
sex offender registrant or as an out-of-state juvenile sex	5947
offender registrant, and the delinquent child shall comply with	5948
both those duties and the duties imposed under this chapter	5949
relative to the subsequent conviction or guilty plea.	5950

(2) If a delinquent child has been adjudicated a delinquent	5951
child for committing on or after January 1, 2002, either a	5952
sexually oriented offense that is not a registration-exempt	5953
sexually oriented offense or a child-victim oriented offense and	5954
is classified a juvenile sex offender registrant relative to the	5955
offense, if the order containing the classification also contains	5956
a determination by the juvenile judge that the delinquent child is	5957
a sexual predator or a habitual sex offender or that the child is	5958
a child-victim predator or a habitual child-victim offender, and	5959
if the juvenile judge or the judge's successor in office	5960
subsequently determines pursuant to section 2152.84 or 2152.85 of	5961
the Revised Code that the delinquent child no longer is a sexual	5962
predator or habitual sex offender or no longer is a child-victim	5963
predator or habitual child-victim offender, whichever is	5964
applicable, the judge's subsequent determination does not affect	5965
the date of commencement of the delinquent child's duty to comply	5966
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	5967
Revised Code as determined under division (A) of this section.	5968

(D) The duty of an offender or delinquent child to register	5969
under this chapter is tolled for any period during which the	5970
offender or delinquent child is returned to confinement in a	5971
secure facility for any reason or imprisoned for an offense when	5972
the confinement in a secure facility or imprisonment occurs	5973
subsequent to the date determined pursuant to division (A) of this	5974
section. The offender's or delinquent child's duty to register	5975
under this chapter resumes upon the offender's or delinquent	5976
child's release from confinement in a secure facility or	5977
imprisonment.	5978

(E) An offender or delinquent child who has been convicted of	5979
or pleaded guilty to, or has been or is adjudicated a delinquent	5980
child for committing, a sexually oriented offense, in a court in	5981
another state or, in a federal court, military court, or an Indian	5982
tribal court, or in a court of any nation other than the United	5983
States for committing either a sexually oriented offense that is	5984
not a registration-exempt sexually oriented offense or a	5985
child-victim oriented offense may apply to the sheriff of the	5986
county in which the offender or delinquent child resides or	5987
temporarily is domiciled, or in which the offender attends a	5988
school or institution of higher education or is employed, for	5989
credit against the duty to register for the time that the offender	5990
or delinquent child has complied with the sex offender or	5991
child-victim offender registration requirements of another	5992
jurisdiction. The sheriff shall grant the offender or delinquent	5993
child credit against the duty to register for time for which the	5994
offender or delinquent child provides adequate proof that the	5995
offender or delinquent child has complied with the sex offender or	5996
child-victim offender registration requirements of another	5997
jurisdiction. If the offender or delinquent child disagrees with	5998
the determination of the sheriff, the offender or delinquent child	5999
may appeal the determination to the court of common pleas of the	6000
county in which the offender or delinquent child resides or is	6001
temporarily domiciled, or in which the offender attends a school	6002
or institution of higher education or is employed.	6003

Sec. 2950.08. The(A) Subject to division (B) of this	6004
section, the statements, information, photographs, and	6005
fingerprints required by sections 2950.04, 2950.041, 2950.05, and	6006
2950.06 of the Revised Code and provided by a person who	6007
registers, who provides notice of a change of residence, school,	6008
institution of higher education, or place of employment address	6009
and registers the new residence, school, institution of higher	6010
education, or place of employment address, or who provides	6011
verification of a current residence, school, institution of higher	6012
education, or place of employment address pursuant to those	6013
sections and that are in the possession of the bureau of criminal	6014
identification and investigation and the information in the	6015
possession of the bureau that was received by the bureau pursuant	6016
to section 2950.14 of the Revised Code shall not be open to	6017
inspection by the public or by any person other than the following	6018
persons:	6019

(A)(1) A regularly employed peace officer or other law	6020
enforcement officer;	6021

(B)(2) An authorized employee of the bureau of criminal	6022
identification and investigation for the purpose of providing	6023
information to a board, administrator, or person pursuant to	6024
division (F) or (G) of section 109.57 of the Revised Code;	6025

(3) The registrar of motor vehicles, or an employee of the	6026
registrar of motor vehicles, for the purpose of verifying and	6027
updating any of the information so provided, upon the request of	6028
the bureau of criminal identification and investigation.	6029

(B) Division (A) of this section does not apply to either of	6030
the following:	6031

(1) Any information that is contained in the internet sex	6032
offender and child-victim offender database established by the	6033
attorney general under division (A)(11) of section 2950.13 of the	6034
Revised Code regarding offenders and that is disseminated as	6035
described in that division;	6036

(2) Any information that is contained in the sex offender	6037
tracking program established by the attorney general under	6038
division (A)(15) of section 2950.13 of the Revised Code and that	6039
is disseminated as described in that section.	6040

Sec. 2950.081. (A) Any statements, information, photographs,	6041
or fingerprints that are required to be provided, and that are	6042
provided, by an offender or delinquent child pursuant to section	6043
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code	6044
requires a person to provide, that are provided by a person who	6045
registers, who provides notice of a change of residence address	6046
and registers the new residence address, or who provides	6047
verification of a current residence address pursuant to any	6048
provision of those sections, and that are in the possession of a	6049
county sheriff are public records open to public inspection under	6050
section 149.43 of the Revised Code and shall be included in the	6051
internet sex offender and child-victim offender database	6052
established and maintained under section 2950.13 of the Revised	6053
Code to the extent provided in that section. Subject to division	6054
(B) of this section, a sheriff may publicly disseminate or cause	6055
to be publicly disseminated by means of the internet a notice	6056
containing the information set forth in division (B) of section	6057
2950.11 of the Revised Code or any other statements, information,	6058
photographs, or fingerprints of a type described in this division.	6059

(B) Except when the child is classified a juvenile offender	6060
registrant and the act that is the basis of a child'sthe	6061
classification as a juvenile sex offender registrant is a	6062
violation of, or an attempt to commit a violation of, section	6063
2903.01, 2903.02, or 2905.01 of the Revised Code that was	6064
committed with a purpose to gratify the sexual needs or desires of	6065
the child, a violation of section 2907.02 of the Revised Code, or	6066
an attempt to commit a violation of that section, the sheriff	6067
shall not cause to be publicly disseminated by means of the	6068
internet any statements, information, photographs, or fingerprints	6069
that are provided by a juvenile sex offender registrant who sends	6070
a notice of intent to reside, registers, who provides notice of a	6071
change of residence address and registers the new residence	6072
address, or who provides verification of a current residence	6073
address pursuant to this chapter and that are in the possession of	6074
a county sheriff.	6075

Sec. 2950.09. (A) If a person is convicted of or pleads	6076
guilty to committing, on or after January 1, 1997, a sexually	6077
oriented offense that is not a registration-exempt sexually	6078
oriented offense and that is a sexually violent offense and also	6079
is convicted of or pleads guilty to a sexually violent predator	6080
specification that was included in the indictment, count in the	6081
indictment, or information charging the sexually violent offense,	6082
the conviction of or plea of guilty to the specification	6083
automatically classifies the offender as a sexual predator for	6084
purposes of this chapter. If a person is convicted of, pleads	6085
guilty to, or is adjudicated a delinquent child for committing, a	6086
sexually oriented offense in a court in another state, or in a	6087
federal court, military court, or an Indian tribal court, or in a	6088
court of any nation other than the United States for committing a	6089
sexually oriented offense that is not a registration-exempt	6090
sexually oriented offense, and if, as a result of that conviction,	6091
plea of guilty, or adjudication, the person is required, under the	6092
law of the jurisdiction in which the person was convicted, pleaded	6093
guilty, or was adjudicated, to register as a sex offender until	6094
the person's death and is required to verify the person's address	6095
on at least a quarterly basis each year, that conviction, plea of	6096
guilty, or adjudication automatically classifies the person as a	6097
sexual predator for the purposes of this chapter, but the person	6098
may challenge that classification pursuant to division (F) of this	6099
section. In all other cases, a person who is convicted of or	6100
pleads guilty to, has been convicted of or pleaded guilty to, or	6101
is adjudicated a delinquent child for committing, a sexually	6102
oriented offense may be classified as a sexual predator for	6103
purposes of this chapter only in accordance with division (B) or	6104
(C) of this section or, regarding delinquent children, divisions	6105
(B) and (C) of section 2152.83 of the Revised Code.	6106

(B)(1)(a) The judge who is to impose sentence on a person who	6107
is convicted of or pleads guilty to a sexually oriented offense	6108
that is not a registration-exempt sexually oriented offense shall	6109
conduct a hearing to determine whether the offender is a sexual	6110
predator if any of the following circumstances apply:	6111

(i) Regardless of when the sexually oriented offense was	6112
committed, the offender is to be sentenced on or after January 1,	6113
1997, for a sexually oriented offense that is not a	6114
registration-exempt sexually oriented offense and that is not a	6115
sexually violent offense.	6116

(ii) Regardless of when the sexually oriented offense was	6117
committed, the offender is to be sentenced on or after January 1,	6118
1997, for a sexually oriented offense that is not a	6119
registration-exempt sexually oriented offense and that is a	6120
sexually violent offense, and a sexually violent predator	6121
specification was not included in the indictment, count in the	6122
indictment, or information charging the sexually violent offense.	6123

(iii) Regardless of when the sexually oriented offense was	6124
committed, the offender is to be sentenced on or after May 7,	6125
2002, for a sexually oriented offense that is not a	6126
registration-exempt sexually oriented offense, and that offender	6127
was acquitted of a sexually violent predator specification that	6128
was included in the indictment, count in the indictment, or	6129
information charging the sexually oriented offense.	6130

(b) The judge who is to impose or has imposed an order of	6131
disposition upon a child who is adjudicated a delinquent child for	6132
committing on or after January 1, 2002, a sexually oriented	6133
offense that is not a registration-exempt sexually oriented	6134
offense shall conduct a hearing as provided in this division to	6135
determine whether the child is to be classified as a sexual	6136
predator if either of the following applies:	6137

(i) The judge is required by section 2152.82 or division (A)	6138
of section 2152.83 of the Revised Code to classify the child a	6139
juvenile sex offender registrant.	6140

(ii) Division (B) of section 2152.83 of the Revised Code	6141
applies regarding the child, the judge conducts a hearing under	6142
that division for the purposes described in that division, and the	6143
judge determines at that hearing that the child will be classified	6144
a juvenile sex offender registrant.	6145

(2) Regarding an offender, the judge shall conduct the	6146
hearing required by division (B)(1)(a) of this section prior to	6147
sentencing and, if the sexually oriented offense for which	6148
sentence is to be imposed is a felony and if the hearing is being	6149
conducted under division (B)(1)(a) of this section, the judge may	6150
conduct it as part of the sentencing hearing required by section	6151
2929.19 of the Revised Code. Regarding a delinquent child, the	6152
judge may conduct the hearing required by division (B)(1)(b) of	6153
this section at the same time as, or separate from, the	6154
dispositional hearing, as specified in the applicable provision of	6155
section 2152.82 or 2152.83 of the Revised Code. The court shall	6156
give the offender or delinquent child and the prosecutor who	6157
prosecuted the offender or handled the case against the delinquent	6158
child for the sexually oriented offense notice of the date, time,	6159
and location of the hearing. At the hearing, the offender or	6160
delinquent child and the prosecutor shall have an opportunity to	6161
testify, present evidence, call and examine witnesses and expert	6162
witnesses, and cross-examine witnesses and expert witnesses	6163
regarding the determination as to whether the offender or	6164
delinquent child is a sexual predator. The offender or delinquent	6165
child shall have the right to be represented by counsel and, if	6166
indigent, the right to have counsel appointed to represent the	6167
offender or delinquent child.	6168

(3) In making a determination under divisions (B)(1) and (4)	6169
of this section as to whether an offender or delinquent child is a	6170
sexual predator, the judge shall consider all relevant factors,	6171
including, but not limited to, all of the following:	6172

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

6173

(b) The offender's or delinquent child's prior criminal or	6174
delinquency record regarding all offenses, including, but not	6175
limited to, all sexual offenses;	6176

(c) The age of the victim of the sexually oriented offense	6177
for which sentence is to be imposed or the order of disposition is	6178
to be made;	6179

(d) Whether the sexually oriented offense for which sentence	6180
is to be imposed or the order of disposition is to be made	6181
involved multiple victims;	6182

(e) Whether the offender or delinquent child used drugs or	6183
alcohol to impair the victim of the sexually oriented offense or	6184
to prevent the victim from resisting;	6185

(f) If the offender or delinquent child previously has been	6186
convicted of or pleaded guilty to, or been adjudicated a	6187
delinquent child for committing an act that if committed by an	6188
adult would be, a criminal offense, whether the offender or	6189
delinquent child completed any sentence or dispositional order	6190
imposed for the prior offense or act and, if the prior offense or	6191
act was a sex offense or a sexually oriented offense, whether the	6192
offender or delinquent child participated in available programs	6193
for sexual offenders;	6194

(g) Any mental illness or mental disability of the offender	6195
or delinquent child;	6196

(h) The nature of the offender's or delinquent child's sexual	6197
conduct, sexual contact, or interaction in a sexual context with	6198
the victim of the sexually oriented offense and whether the sexual	6199
conduct, sexual contact, or interaction in a sexual context was	6200
part of a demonstrated pattern of abuse;	6201

(i) Whether the offender or delinquent child, during the	6202
commission of the sexually oriented offense for which sentence is	6203
to be imposed or the order of disposition is to be made, displayed	6204
cruelty or made one or more threats of cruelty;	6205

(j) Any additional behavioral characteristics that contribute	6206
to the offender's or delinquent child's conduct.	6207

(4) After reviewing all testimony and evidence presented at	6208
the hearing conducted under division (B)(1) of this section and	6209
the factors specified in division (B)(3) of this section, the	6210
court shall determine by clear and convincing evidence whether the	6211
subject offender or delinquent child is a sexual predator. If the	6212
court determines that the subject offender or delinquent child is	6213
not a sexual predator, the court shall specify in the offender's	6214
sentence and the judgment of conviction that contains the sentence	6215
or in the delinquent child's dispositional order, as appropriate,	6216
that the court has determined that the offender or delinquent	6217
child is not a sexual predator and the reason or reasons why the	6218
court determined that the subject offender or delinquent child is	6219
not a sexual predator. If the court determines by clear and	6220
convincing evidence that the subject offender or delinquent child	6221
is a sexual predator, the court shall specify in the offender's	6222
sentence and the judgment of conviction that contains the sentence	6223
or in the delinquent child's dispositional order, as appropriate,	6224
that the court has determined that the offender or delinquent	6225
child is a sexual predator and shall specify that the	6226
determination was pursuant to division (B) of this section. In any	6227
case in which the sexually oriented offense in question is an	6228
aggravated sexually oriented offense committed on or after the	6229
effective date of this amendment, the court shall specify in the	6230
offender's sentence and the judgment of conviction that contains	6231
the sentence that the offender's offense is an aggravated sexually	6232
oriented offense. In any case in which the sexually oriented	6233
offense in question was committed by the offender on or after the	6234
effective date of this amendment, the court shall specify in the	6235
offender's sentence and judgment of conviction that contains the	6236
sentence that the offender committed the sexually oriented offense	6237
on or after the effective date of this amendment. The offender or	6238
delinquent child and the prosecutor who prosecuted the offender or	6239
handled the case against the delinquent child for the sexually	6240
oriented offense in question may appeal as a matter of right the	6241
court's determination under this division as to whether the	6242
offender or delinquent child is, or is not, a sexual predator.	6243

(5) A hearing shall not be conducted under division (B) of	6244
this section regarding an offender if the sexually oriented	6245
offense in question is a sexually violent offense, if the	6246
indictment, count in the indictment, or information charging the	6247
offense also included a sexually violent predator specification,	6248
and if the offender is convicted of or pleads guilty to that	6249
sexually violent predator specification.	6250

(C)(1) If a person was convicted of or pleaded guilty to a	6251
sexually oriented offense that is not a registration-exempt	6252
sexually oriented offense prior to January 1, 1997, if the person	6253
was not sentenced for the offense on or after January 1, 1997, and	6254
if, on or after January 1, 1997, the offender is serving a term of	6255
imprisonment in a state correctional institution, the department	6256
of rehabilitation and correction shall do whichever of the	6257
following is applicable:	6258

(a) If the sexually oriented offense was an offense described	6259
in division (D)(1)(c) of section 2950.01 of the Revised Code or	6260
was a violent sex offense, the department shall notify the court	6261
that sentenced the offender of this fact, and the court shall	6262
conduct a hearing to determine whether the offender is a sexual	6263
predator.	6264

(b) If division (C)(1)(a) of this section does not apply, the	6265
department shall determine whether to recommend that the offender	6266
be adjudicated as being a sexual predator. In making a	6267
determination under this division as to whether to recommend that	6268
the offender be adjudicated as being a sexual predator, the	6269
department shall consider all relevant factors, including, but not	6270
limited to, all of the factors specified in divisiondivisions	6271
(B)(2) and (3) of this section. If the department determines that	6272
it will recommend that the offender be adjudicated as being a	6273
sexual predator, it immediately shall send the recommendation to	6274
the court that sentenced the offender and. If the department	6275
determines that it will not recommend that the offender be	6276
adjudicated a sexual predator, it immediately shall send its	6277
determination to the court that sentenced the offender. In all	6278
cases, the department shall enter its determination and	6279
recommendation in the offender's institutional record, and the	6280
court shall proceed in accordance with division (C)(2) of this	6281
section.	6282

(2)(a) If the department of rehabilitation and correction	6283
sends to a court a notice under division (C)(1)(a) of this	6284
section, the court shall conduct a hearing to determine whether	6285
the subject offender is a sexual predator. If, pursuant to	6286
division (C)(1)(b) of this section, the department of	6287
rehabilitation and correction sends to a court a recommendation	6288
that an offender who has been convicted of or pleaded guilty to a	6289
sexually oriented offense be adjudicated as being a sexual	6290
predator, the court is not bound by the department's	6291
recommendation, and the court mayshall conduct a hearing to	6292
determine whether the offender is a sexual predator. TheIn any	6293
case, the court may deny the recommendation and determine that the	6294
offender is not a sexual predator without a hearing but shall not	6295
make a determination thatas to whether the offender is, or is	6296
not, a sexual predator in any case without a hearing. The court	6297
may hold the hearing and make the determination prior to the	6298
offender's release from imprisonment or at any time within one	6299
year following the offender's release from that imprisonment. If	6300
the court determines without a hearing that the offender is not a	6301
sexual predator, it shall include its determination in the	6302
offender's institutional record and	6303

(b) If, pursuant to division (C)(1)(b) of this section, the	6304
department sends to the court a determination that it is not	6305
recommending that an offender be adjudicated a sexual predator,	6306
the court shall not make any determination as to whether the	6307
offender is, or is not, a sexual predator but shall determine	6308
whether the offender previously has been convicted of or pleaded	6309
guilty to a sexually oriented offense other than the offense in	6310
relation to which the court determined that the offender is not a	6311
sexual predatordepartment made its determination or previously	6312
has been convicted of or pleaded guilty to a child-victim oriented	6313
offense.	6314

The court may make the determination as toconduct a hearing	6315
to determine whether the offender previously has been convicted of	6316
or pleaded guilty to a sexually oriented offense or a	6317
child-victim oriented offense but may make the determination	6318
without a hearing, but. However, if the court determines that the	6319
offender previously has been convicted of or pleaded guilty to	6320
such an offense, it shall not impose a requirement that the	6321
offender be subject to the community notification provisions	6322
regarding the offender's place of residence that are contained in	6323
sections 2950.10 and 2950.11 of the Revised Code without a	6324
hearing. The court may conduct a hearing to determine both whether	6325
the offender previously has been convicted of or pleaded guilty to	6326
a sexually oriented offense and whether to impose a requirement	6327
that the offender be subject to the community notification	6328
provisions as described in this division, or may conduct a hearing	6329
solely to make the latter determination.In determining whether to	6330
impose the community notification requirement, the court, in the	6331
circumstances described in division (E)(2) of this section, shall	6332
apply the presumption specified in that division. The court shall	6333
include in the offender's institutional record any determination	6334
made under this division as to whether the offender previously has	6335
been convicted of or pleaded guilty to a sexually oriented offense	6336
or child-victim oriented offense, and, as such, whether the	6337
offender is a habitual sex offender.	6338

(b) If the court schedules(c) Upon scheduling a hearing	6339
under division (C)(2)(a) or (b) of this section, the court shall	6340
give the offender and the prosecutor who prosecuted the offender	6341
for the sexually oriented offense, or that prosecutor's successor	6342
in office, notice of the date, time, and place of the hearing. If	6343
the hearing is scheduled under division (C)(2)(a) of this section	6344
to determine whether the offender is a sexual predator, itthe	6345
prosecutor who is given the notice may contact the department of	6346
rehabilitation and correction and request that the department	6347
provide to the prosecutor all information the department possesses	6348
regarding the offender that is relevant and necessary for use in	6349
making the determination as to whether the offender is a sexual	6350
predator and that is not privileged or confidential under law. If	6351
the prosecutor makes a request for that information, the	6352
department promptly shall provide to the prosecutor all	6353
information the department possesses regarding the offender that	6354
is not privileged or confidential under law and that is relevant	6355
and necessary for making that determination. A hearing scheduled	6356
under division (C)(2)(a) of this section to determine whether the	6357
offender is a sexual predator shall be conducted in the manner	6358
described in division (B)(1) of this section regarding hearings	6359
conducted under that division and, in making a determination under	6360
this division as to whether the offender is a sexual predator, the	6361
court shall consider all relevant factors, including, but not	6362
limited to, all of the factors specified in divisiondivisions	6363
(B)(2) and (3) of this section. After reviewing all testimony and	6364
evidence presented at the sexual predator hearing and the factors	6365
specified in divisiondivisions (B)(2) and (3) of this section,	6366
the court shall determine by clear and convincing evidence whether	6367
the offender is a sexual predator. If the court determines at the	6368
sexual predator hearing that the offender is not a sexual	6369
predator, it also shall determine whether the offender previously	6370
has been convicted of or pleaded guilty to a sexually oriented	6371
offense other than the offense in relation to which the hearing is	6372
being conducted.	6373

Upon making its determinations at the sexual predator	6374
hearing, the court shall proceed as follows:	6375

(i) If the hearing is to determine whether the offender is a	6376
sexual predator, and if the court determines that the offender is	6377
not a sexual predator and that the offender previously has not	6378
been convicted of or pleaded guilty to a sexually oriented offense	6379
other than the offense in relation to which the hearing is being	6380
conducted and previously has not been convicted of or pleaded	6381
guilty to a child-victim oriented offense, it shall include its	6382
determinations in the offender's institutional record its	6383
determinations and the reason or reasons why it determined that	6384
the offender is not a sexual predator.	6385

(ii) If the hearing is to determine whether the offender is a	6386
sexual predator, and if the court determines that the offender is	6387
not a sexual predator but that the offender previously has been	6388
convicted of or pleaded guilty to a sexually oriented offense	6389
other than the offense in relation to which the hearing is being	6390
conducted or previously has been convicted of or pleaded guilty to	6391
a child-victim oriented offense, it shall include its	6392
determination that the offender is not a sexual predator but is a	6393
habitual sex offender in the offender's institutional record its	6394
determination that the offender is not a sexual predator but is a	6395
habitual sex offender and the reason or reasons why it determined	6396
that the offender is not a sexual predator, shall attach the	6397
determinations and the reason or reasons to the offender's	6398
sentence, shall specify that the determinations were pursuant to	6399
division (C) of this section, shall provide a copy of the	6400
determinations and the reason or reasons to the offender, to the	6401
prosecuting attorney, and to the department of rehabilitation and	6402
correction, and may impose a requirement that the offender be	6403
subject to the community notification provisions regarding the	6404
offender's place of residence that are contained in sections	6405
2950.10 and 2950.11 of the Revised Code. In determining whether to	6406
impose the community notification requirements, the court, in the	6407
circumstances described in division (E)(2) of this section, shall	6408
apply the presumption specified in that division. The offender	6409
shall not be subject to those community notification provisions	6410
relative to the sexually oriented offense in question if the court	6411
does not so impose the requirement described in this division. If	6412
the court imposes those community notification provisionsthat	6413
requirement, the offender may appeal the judge's determination	6414
that the offender is a habitual sex offender.	6415

(iii) If the hearing is to determine whether the offender	6416
previously has been convicted of or pleaded guilty to a sexually	6417
oriented offense other than the offense in relation to which the	6418
hearing is being conducted and whether to impose a requirement	6419
that the offender be subject to the specified community	6420
notification provisions, and if the court determines that the	6421
offender previously has been convicted of or pleaded guilty to	6422
such an offense, the court shall proceed as described in division	6423
(C)(2)(b)(ii) of this section and may impose a community	6424
notification requirement as described in that division. The	6425
offender shall not be subject to the specified community	6426
notification provisions relative to the sexually oriented offense	6427
in question if the court does not so impose the requirement	6428
described in that division. If the court imposes those community	6429
notification provisions, the offender may appeal the judge's	6430
determination that the offender is a habitual sex offender.	6431

(iv) If the court determined without a hearing that the	6432
offender previously has been convicted of or pleaded guilty to a	6433
sexually oriented offense other than the offense in relation to	6434
which the court determined that the offender is not a sexual	6435
predator, and, as such, is a habitual sex offender, and the	6436
hearing is solely to determine whether to impose a requirement	6437
that the offender be subject to the specified community	6438
notification provisions, after the hearing, the court may impose a	6439
community notification requirement as described in division	6440
(C)(2)(b)(ii) of this section. The offender shall not be subject	6441
to the specified community notification provisions relative to the	6442
sexually oriented offense in question if the court does not so	6443
impose the requirement described in that division. If the court	6444
imposes those community notification provisions, the offender may	6445
appeal the judge's determination that the offender is a habitual	6446
sex offender.	6447

(v) If the hearing is to determine whether the offender is a	6448
sexual predator, and if the court determines by clear and	6449
convincing evidence that the offender is a sexual predator, it	6450
shall enter its determination in the offender's institutional	6451
record, shall attach the determination to the offender's sentence,	6452
shall specify that the determination was pursuant to division (C)	6453
of this section, and shall provide a copy of the determination to	6454
the offender, to the prosecuting attorney, and to the department	6455
of rehabilitation and correction. The offender and the prosecutor	6456
may appeal as a matter of right the judge's determination under	6457
this divisiondivisions (C)(2)(a) and (c) of this section as to	6458
whether the offender is, or is not, a sexual predator.	6459

If the hearing is scheduled under division (C)(2)(b) of this	6460
section to determine whether the offender previously has been	6461
convicted of or pleaded guilty to a sexually oriented offense or a	6462
child-victim oriented offense or whether to subject the offender	6463
to the community notification provisions contained in sections	6464
2950.10 and 2950.11 of the Revised Code, upon making the	6465
determination, the court shall attach the determination or	6466
determinations to the offender's sentence, shall provide a copy to	6467
the offender, to the prosecuting attorney, and to the department	6468
of rehabilitation and correction and may impose a requirement that	6469
the offender be subject to the community notification provisions.	6470
In determining whether to impose the community notification	6471
requirements, the court, in the circumstances described in	6472
division (E)(2) of this section, shall apply the presumption	6473
specified in that division. The offender shall not be subject to	6474
the community notification provisions relative to the sexually	6475
oriented offense in question if the court does not so impose the	6476
requirement described in this division. If the court imposes that	6477
requirement, the offender may appeal the judge's determination	6478
that the offender is a habitual sex offender.	6479

(3) The changes made in divisions (C)(1) and (2) of this	6480
section that take effect on the effective date of this amendment	6481
do not require a court to conduct a new hearing under those	6482
divisions for any offender regarding a sexually oriented offense	6483
if, prior to the effective date of this amendment, the court	6484
previously conducted a hearing under those divisions regarding	6485
that offense to determine whether the offender was a sexual	6486
predator. The changes made in divisions (C)(1) and (2) of this	6487
section that take effect on the effective date of this amendment	6488
do not require a court to conduct a hearing under those divisions	6489
for any offender regarding a sexually oriented offense if, prior	6490
to the effective date of this amendment and pursuant to those	6491
divisions, the department of rehabilitation and correction	6492
recommended that the offender be adjudicated a sexual predator	6493
regarding that offense, and the court denied the recommendation	6494
and determined that the offender was not a sexual predator without	6495
a hearing, provided that this provision does not apply if the	6496
sexually oriented offense in question was an offense described in	6497
division (D)(1)(c) of section 2950.01 of the Revised Code.	6498

(D)(1) Division (D)(1) of this section appliesdoes not apply	6499
to personsany person who havehas been convicted of or pleaded	6500
guilty to a sexually oriented offense and also. Division (D) of	6501
this section applies only to delinquent children as provided in	6502
Chapter 2152. of the Revised Code. A person who has been	6503
adjudicated a delinquent child for committing a sexually oriented	6504
offense that is not a registration-exempt sexually oriented	6505
offense and who has been classified by a juvenile court judge a	6506
juvenile sex offender registrant or, if applicable, additionally	6507
has been determined by a juvenile court judge to be a sexual	6508
predator or habitual sex offender, may petition the adjudicating	6509
court for a reclassification or declassification pursuant to	6510
section 2152.85 of the Revised Code.	6511

Upon the expiration of the applicable period of time	6512
specified in division (D)(1)(a) or (b) of this section, an	6513
offender who has been convicted of or pleaded guilty to a sexually	6514
oriented offense and who has been adjudicated as being a sexual	6515
predator relative to the sexually oriented offense in the manner	6516
described in division (B) or (C) of this section may petition the	6517
judge who made the determination that the offender was a sexual	6518
predator, or that judge's successor in office, to enter a	6519
determination that the offender no longer is a sexual predator.	6520
Upon the filing of the petition, the judge may review the prior	6521
sexual predator determination that comprises the sexual predator	6522
adjudication, and, upon consideration ofA judge who is reviewing	6523
a sexual predator determination for a delinquent child under	6524
section 2152.84 or 2152.85 of the Revised Code shall comply with	6525
this section. At the hearing, the judge shall consider all	6526
relevant evidence and information, including, but not limited to,	6527
the factors set forth in division (B)(3) of this section, either	6528
shall enter a determination that the offender no longer is a	6529
sexual predator or shall enter an order denying the petition. The	6530
judge shall not enter a determination under this division that the	6531
offenderdelinquent child no longer is a sexual predator unless	6532
the judge determines by clear and convincing evidence that the	6533
offenderdelinquent child is unlikely to commit a sexually	6534
oriented offense in the future. If the judge enters a	6535
determination under this division that the offenderdelinquent	6536
child no longer is a sexual predator, the judge shall notify the	6537
bureau of criminal identification and investigation and the parole	6538
board of the determination and shall include in the notice a	6539
statement of the reason or reasons why it determined that the	6540
delinquent child no longer is a sexual predator. Upon receipt of	6541
the notification, the bureau promptly shall notify the sheriff	6542
with whom the offenderdelinquent child most recently registered	6543
under section 2950.04 or 2950.05 of the Revised Code of the	6544
determination that the offenderdelinquent child no longer is a	6545
sexual predator. If the judge enters a determination under this	6546
division that the offender no longer is a sexual predator and if	6547
the offender has a duty to register under section 2950.04 of the	6548
Revised Code resulting from the offender's conviction of or plea	6549
of guilty to committing on or after the effective date of this	6550
amendment an aggravated sexually oriented offense, the entry of	6551
the determination under this division does not affect any duties	6552
imposed upon the offender under this chapter as a result of that	6553
conviction of or plea of guilty to the aggravated sexually	6554
oriented offense. If the judge enters an order denying the	6555
petition, the prior adjudication of the offender as a sexual	6556
predator shall remain in effect. An offender determined to be a	6557
sexual predator in the manner described in division (B) or (C) of	6558
this section may file a petition under this division after the	6559
expiration of the following periods of time:	6560

(a) Regardless of when the sexually oriented offense was	6561
committed, if, on or after January 1, 1997, the offender is	6562
imprisoned or sentenced to a prison term or other confinement for	6563
the sexually oriented offense in relation to which the	6564
determination was made, the offender initially may file the	6565
petition not earlier than one year prior to the offender's release	6566
from the imprisonment, prison term, or other confinement by	6567
discharge, parole, judicial release, or any other final release.	6568
If the offender is sentenced on or after January 1, 1997, for the	6569
sexually oriented offense in relation to which the determination	6570
is made and is not imprisoned or sentenced to a prison term or	6571
other confinement for the sexually oriented offense, the offender	6572
initially may file the petition upon the expiration of one year	6573
after the entry of the offender's judgment of conviction.	6574

(b) After the offender's initial filing of a petition under	6575
division (D)(1)(a) of this section, thereafter, an offender may	6576
file a petition under this division upon the expiration of five	6577
years after the court has entered an order denying the petition	6578
under division (D)(1)(a) of this section or the most recent	6579
petition the offender has filed under this division.	6580

(2) Except as otherwise provided in this division, division	6581
(D)(1) of this section does not apply to a person who is	6582
classified as a sexual predator pursuant to division (A) of this	6583
section. If a person who is so classified was sentenced to a	6584
prison term pursuant to division (A)(3) of section 2971.03 of the	6585
Revised Code and if the sentencing court terminates the offender's	6586
prison term as provided in division (D) of section 2971.05 of the	6587
Revised Code, the court's termination of the prison term	6588
automatically shall constitute a determination by the court that	6589
the offender no longer is a sexual predator. However, if there is	6590
a determination under this division that the offender no longer is	6591
a sexual predator and if the offender has a duty to register under	6592
section 2950.04 of the Revised Code resulting from the offender's	6593
conviction of or plea of guilty to committing on or after the	6594
effective date of this amendment an aggravated sexually oriented	6595
offense, the determination under this division does not affect any	6596
duties imposed upon the offender under this chapter as a result of	6597
that conviction of or plea of guilty to the aggravated sexually	6598
oriented offense. If the court so terminates the offender's prison	6599
term, the court shall notify the bureau of criminal identification	6600
and investigation and the parole board of the determination that	6601
the offender no longer is a sexual predator. Upon receipt of the	6602
notification, the bureau promptly shall notify the sheriff with	6603
whom the offender most recently registered under section 2950.04	6604
or 2950.05 of the Revised Code that the offender no longer is a	6605
sexual predator. If an offender who has been convicted of or	6606
pleaded guilty to a sexually oriented offense is classified as a	6607
sexual predator pursuant to division (A) of this section is	6608
released from prison pursuant to a pardon or commutationor has	6609
been adjudicated a sexual predator relative to the offense as	6610
described in division (B) or (C) of this section, subject to	6611
division (F) of this section, the classification or adjudication	6612
of the offender as a sexual predator shall remain in effect after	6613
the offender's release, and the offender may file one or more	6614
petitions in accordance with the procedures and time limitations	6615
contained in division (D)(1) of this section for a determination	6616
that the offender no longer is a sexual predatoris permanent and	6617
continues in effect until the offender's death and in no case	6618
shall the classification or adjudication be removed or terminated.	6619

(E)(1) If a person is convicted of or pleads guilty to	6620
committing, on or after January 1, 1997, a sexually oriented	6621
offense that is not a registration-exempt sexually oriented	6622
offense, the judge who is to impose sentence on the offender shall	6623
determine, prior to sentencing, whether the offender previously	6624
has been convicted of or pleaded guilty to, or adjudicated a	6625
delinquent child for committing, a sexually oriented offense or a	6626
child-victim oriented offense and is a habitual sex offender. The	6627
judge who is to impose or has imposed an order of disposition upon	6628
a child who is adjudicated a delinquent child for committing on or	6629
after January 1, 2002, a sexually oriented offense that is not a	6630
registration-exempt sexually oriented offense shall determine,	6631
prior to entering the order classifying the delinquent child a	6632
juvenile sex offender registrant, whether the delinquent child	6633
previously has been convicted of or pleaded guilty to, or	6634
adjudicated a delinquent child for committing, a sexually oriented	6635
offense or a child-victim oriented offense and is a habitual sex	6636
offender, if either of the following applies:	6637

(a) The judge is required by section 2152.82 or division (A)	6638
of section 2152.83 of the Revised Code to classify the child a	6639
juvenile sex offender registrant;	6640

(b) Division (B) of section 2152.83 of the Revised Code	6641
applies regarding the child, the judge conducts a hearing under	6642
that division for the purposes described in that division, and the	6643
judge determines at that hearing that the child will be classified	6644
a juvenile sex offender registrant.	6645

(2) If, under division (E)(1) of this section, the judge	6646
determines that the offender or delinquent child previously has	6647
not been convicted of or pleaded guilty to, or been adjudicated a	6648
delinquent child for committing, a sexually oriented offense or a	6649
child-victim oriented offense or that the offender otherwise does	6650
not satisfy the criteria for being a habitual sex offender, the	6651
judge shall specify in the offender's sentence or in the order	6652
classifying the delinquent child a juvenile sex offender	6653
registrant that the judge has determined that the offender or	6654
delinquent child is not a habitual sex offender. If	6655

If, under division (E)(1) of this section, the judge	6656
determines that the offender or delinquent child previously has	6657
been convicted of or pleaded guilty to, or been adjudicated a	6658
delinquent child for committing, a sexually oriented offense or a	6659
child-victim oriented offense and that the offender satisfies all	6660
other criteria for being a habitual sex offender, the offender or	6661
delinquent child is a habitual sex offender or habitual	6662
child-victim offender and the court shall determine whether to	6663
impose a requirement that the offender or delinquent child be	6664
subject to the community notification provisions contained in	6665
sections 2950.10 and 2950.11 of the Revised Code. In making the	6666
determination regarding the possible imposition of the community	6667
notification requirement, if at least two of the sexually oriented	6668
offenses or child-victim oriented offenses that are the basis of	6669
the habitual sex offender or habitual child-victim offender	6670
determination were committed against a victim who was under	6671
eighteen years of age, it is presumed that subjecting the offender	6672
or delinquent child to the community notification provisions is	6673
necessary in order to comply with the determinations, findings,	6674
and declarations of the general assembly regarding sex offenders	6675
and child-victim offenders that are set forth in section 2950.02	6676
of the Revised Code. When a judge determines as described in this	6677
division that an offender or delinquent child is a habitual sex	6678
offender or a habitual child-victim offender, the judge shall	6679
specify in the offender's sentence and the judgment of conviction	6680
that contains the sentence or in the order classifying the	6681
delinquent child a juvenile sex offender registrant that the judge	6682
has determined that the offender or delinquent child is a habitual	6683
sex offender and, regarding an offender who committed the most	6684
recent sexually oriented offense prior to the effective date of	6685
this amendment or a delinquent child, may impose a requirement in	6686
that sentence and judgment of conviction or in that order that the	6687
offender or delinquent child be subject to the community	6688
notification provisions regarding the offender's or delinquent	6689
child's place of residence that are contained in sections 2950.10	6690
and 2950.11 of the Revised Code. Unless the habitual sex offender	6691
also has been adjudicated as being a sexual predator relative to	6692
the sexually oriented offense in question or, the habitual sex	6693
offender was convicted of or pleaded guilty to an aggravated	6694
sexually oriented offense that was committed on or after the	6695
effective date of this amendment, or the habitual sex offender was	6696
convicted of or pleaded guilty to a sexually oriented offense that	6697
was committed on or after the effective date of this amendment,	6698
the offender or delinquent child shall be subject to those	6699
community notification provisions only if the court imposes the	6700
requirement described in this division in the offender's sentence	6701
and the judgment of conviction or in the order classifying the	6702
delinquent child a juvenile sex offender registrant. If the court	6703
determines pursuant to this division or division (C)(2) of this	6704
section that an offender is a habitual sex offender, the	6705
determination is permanent and continues in effect until the	6706
offender's death, and in no case shall the determination be	6707
removed or terminated. Sections 2950.10 and 2950.11 of the Revised	6708
Code automatically apply regarding an offender who was convicted	6709
of or pleaded guilty to an aggravated sexually oriented offense	6710
committed on or after June 13, 2002, or was convicted of or	6711
pleaded guilty to a sexually oriented offense committed on or	6712
after the effective date of this amendment.	6713

If a court in another state, a federal court, military court,	6714
or Indian tribal court, or a court in any nation other than the	6715
United States determines a person to be a habitual sex offender in	6716
that jurisdiction, the person is considered to be determined to be	6717
a habitual sex offender in this state. If the court in the other	6718
state, the federal court, military court, or Indian tribal court,	6719
or the court in the nation other than the United States subjects	6720
the habitual sex offender to community notification regarding the	6721
person's place of residence, the person, as much as is	6722
practicable, is subject to the community notification provisions	6723
regarding the person's place of residence that are contained in	6724
sections 2950.10 and 2950.11 of the Revised Code, unless the court	6725
that so subjected the person to community notification determines	6726
that the person no longer is subject to community notification.	6727

(F)(1) An offender or delinquent child classified as a sexual	6728
predator may petition the court of common pleas or, for a	6729
delinquent child, the juvenile court of the county in which the	6730
offender or delinquent child resides or temporarily is domiciled	6731
to enter a determination that the offender or delinquent child is	6732
not an adjudicated sexual predator in this state for purposes of	6733
the sex offender registration and other requirements of this	6734
chapter or the community notification provisions contained in	6735
sections 2950.10 and 2950.11 of the Revised Code if all of the	6736
following apply:	6737

(a) The offender or delinquent child was convicted of,	6738
pleaded guilty to, or was adjudicated a delinquent child for	6739
committing, a sexually oriented offense that is not a	6740
registration-exempt sexually oriented offense in another state or,	6741
in a federal court, a military court, or an Indian tribal court,	6742
or in a court of any nation other than the United States.	6743

(b) As a result of the conviction, plea of guilty, or	6744
adjudication described in division (F)(1)(a) of this section, the	6745
offender or delinquent child is required under the law of the	6746
jurisdiction under which the offender or delinquent child was	6747
convicted, pleaded guilty, or was adjudicated to register as a sex	6748
offender until the offender's or delinquent child's death and is	6749
required to verify the offender's or delinquent child's address on	6750
at least a quarterly basis each year.	6751

(c) The offender or delinquent child was automatically	6752
classified as a sexual predator under division (A) of this section	6753
in relation to the conviction, guilty plea, or adjudication	6754
described in division (F)(1)(a) of this section.	6755

(2) The court may enter a determination that the offender or	6756
delinquent child filing the petition described in division (F)(1)	6757
of this section is not an adjudicated sexual predator in this	6758
state for purposes of the sex offender registration and other	6759
requirements of this chapter or the community notification	6760
provisions contained in sections 2950.10 and 2950.11 of the	6761
Revised Code only if the offender or delinquent child proves by	6762
clear and convincing evidence that the requirement of the other	6763
jurisdiction that the offender or delinquent child register as a	6764
sex offender until the offender's or delinquent child's death and	6765
the requirement that the offender or delinquent child verify the	6766
offender's or delinquent child's address on at least a quarterly	6767
basis each year is not substantially similar to a classification	6768
as a sexual predator for purposes of this chapter. If the court	6769
enters a determination that the offender or delinquent child is	6770
not an adjudicated sexual predator in this state for those	6771
purposes, the court shall include in the determination a statement	6772
of the reason or reasons why it so determined.	6773

(G) If, prior to the effective date of this section, an	6774
offender or delinquent child was adjudicated a sexual predator or	6775
was determined to be a habitual sex offender under this section or	6776
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	6777
and if, on and after the effective date of this amendment, the	6778
sexually oriented offense upon which the classification or	6779
determination was based no longer is considered a sexually	6780
oriented offense but instead is a child-victim oriented offense,	6781
notwithstanding the redesignation of that offense, on and after	6782
the effective date of this amendment, all of the following apply:	6783

(1) Divisions (A)(1) or (2) or (E)(1) and (2) of section	6784
2950.091 of the Revised Code apply regarding the offender or	6785
child, and the judge's classification or determination made prior	6786
to the effective date of this amendment shall be considered for	6787
all purposes to be a classification or determination that	6788
classifies the offender or child as described in those divisions.	6789

(2) The offender's or child's classification or determination	6790
under divisions (A)(1) or (2) or (E)(1) and (2) of section	6791
2950.091 of the Revised Code shall be considered, for purposes of	6792
section 2950.07 of the Revised Code and for all other purposes, to	6793
be a continuation of the classification or determination made	6794
prior to the effective date of this amendment.	6795

(3) The offender's or child's duties under this chapter	6796
relative to that classification or determination shall be	6797
considered for all purposes to be a continuation of the duties	6798
related to that classification or determination as they existed	6799
prior to the effective date of this amendment.	6800

Sec. 2950.091.  (A)(1) If, prior to the effective date of	6801
this section, a person was convicted of, pleaded guilty to, or was	6802
adjudicated a delinquent child for committing, a sexually oriented	6803
offense, if, prior to the effective date of this section, the	6804
offender or delinquent child was classified a sexual predator in	6805
relation to that offense pursuant to division (A) of section	6806
2950.09 of the Revised Code, and if, on and after the effective	6807
date of this section, the sexually oriented offense upon which the	6808
classification was based no longer is considered a sexually	6809
oriented offense but instead is a child-victim oriented offense,	6810
notwithstanding the redesignation of the offense, the	6811
classification of the offender or child as a sexual predator	6812
remains valid and in effect on and after the effective date of	6813
this section.	6814

(2) If, prior to the effective date of this section, a person	6815
was convicted of, pleaded guilty to, or was adjudicated a	6816
delinquent child for committing a sexually oriented offense, if,	6817
prior to the effective date of this section, the offender or	6818
delinquent child was adjudicated a sexual predator in relation to	6819
that offense under section 2950.09 or section 2152.82, 2152.83,	6820
2152.84, or 2152.85 of the Revised Code, if, on and after the	6821
effective date of this section, the sexually oriented offense upon	6822
which the adjudication was based no longer is considered a	6823
sexually oriented offense but instead is a child-victim oriented	6824
offense, and if division (A)(1) of this section does not apply,	6825
notwithstanding the redesignation of the offense, on and after the	6826
effective date of this section, the offender or delinquent child	6827
automatically is classified a child-victim predator. If a person	6828
is convicted, pleads guilty, or adjudicated a delinquent child in	6829
a court of another state, in a federal court, military court, or	6830
Indian tribal court, or in a court of any nation other than the	6831
United States for committing a child-victim oriented offense, and	6832
if, as a result of that conviction, plea of guilty, or	6833
adjudication, the person is required under the law of the	6834
jurisdiction in which the person was convicted, pleaded guilty, or	6835
adjudicated to register as a child-victim offender or sex offender	6836
until the person's death, that conviction, plea of guilty, or	6837
adjudication automatically classifies the person a child-victim	6838
predator for the purposes of this chapter, but the person may	6839
challenge that classification pursuant to division (F) of this	6840
section.	6841

(3) In all cases not described in division (A)(1) or (2) of	6842
this section, a person who is convicted of or pleads guilty to,	6843
has been convicted of or pleaded guilty to, or is adjudicated a	6844
delinquent child for committing a child-victim oriented offense	6845
may be classified a child-victim predator for purposes of this	6846
chapter only in accordance with division (B) or (C) of this	6847
section or, regarding delinquent children, divisions (B) and (C)	6848
of section 2152.83 of the Revised Code.	6849

(B)(1)(a) Regardless of when the offense was committed, the	6850
judge who is to impose sentence on or after the effective date of	6851
this section on an offender who has been convicted of or pleaded	6852
guilty to a child-victim oriented offense shall conduct a hearing	6853
to determine whether the offender is a child-victim predator.	6854

(b) The judge who is to impose or has imposed an order of	6855
disposition upon a child who is adjudicated a delinquent child for	6856
committing on or after the effective date of this section a	6857
child-victim oriented offense shall conduct a hearing as provided	6858
in this division to determine whether the child is to be	6859
classified as a child-victim predator if either of the following	6860
applies:	6861

(i) The judge is required by section 2152.82 or division (A)	6862
of section 2152.83 of the Revised Code to classify the child a	6863
juvenile offender registrant.	6864

(ii) Division (B) of section 2152.83 of the Revised Code	6865
applies regarding the child, the judge conducts a hearing under	6866
that division for the purposes described in that division, and the	6867
judge determines at that hearing that the child will be classified	6868
a juvenile offender registrant.	6869

(2) Regarding an offender, the judge shall conduct the	6870
hearing required by division (B)(1)(a) of this section prior to	6871
sentencing and, if the child-victim oriented offense is a felony	6872
and if the hearing is being conducted under division (B)(1)(a) of	6873
this section, the judge may conduct it as part of the sentencing	6874
hearing required by section 2929.19 of the Revised Code. Regarding	6875
a delinquent child, the judge may conduct the hearing required by	6876
division (B)(1)(b) of this section at the same time as, or	6877
separate from, the dispositional hearing, as specified in the	6878
applicable provision of section 2152.82 or 2152.83 of the Revised	6879
Code. The court shall give the offender or delinquent child and	6880
the prosecutor who prosecuted the offender or handled the case	6881
against the delinquent child for the child-victim oriented offense	6882
notice of the date, time, and location of the hearing. At the	6883
hearing, the offender or delinquent child and the prosecutor have	6884
the same opportunities and rights as described in division (B)(2)	6885
of section 2950.09 of the Revised Code regarding sexual predator	6886
hearings.	6887

(3) In making a determination under divisions (B)(1) and (4)	6888
of this section as to whether an offender or delinquent child is a	6889
child-victim predator, the judge shall consider all relevant	6890
factors, including, but not limited to, all of the factors	6891
identified in division (B)(3) of section 2950.09 of the Revised	6892
Code regarding sexual predator hearings, except that all	6893
references in the factors so identified in that division to any	6894
"sexual offense" or "sexually oriented offense" shall be construed	6895
for purposes of this division as being references to a	6896
"child-victim oriented offense" and all references in the factors	6897
so identified to "sexual offenders" shall be construed for	6898
purposes of this division as being references to "child-victim	6899
offenders."	6900

(4) After reviewing all testimony and evidence presented at	6901
the hearing conducted under division (B)(1) of this section and	6902
the factors specified in division (B)(3) of this section, the	6903
court shall determine by clear and convincing evidence whether the	6904
subject offender or delinquent child is a child-victim predator.	6905
If the court determines that the subject offender or delinquent	6906
child is not a child-victim predator, the court shall specify in	6907
the offender's sentence and the judgment of conviction that	6908
contains the sentence or in the delinquent child's dispositional	6909
order, as appropriate, that the court has determined that the	6910
offender or delinquent child is not a child-victim predator and	6911
the reason or reasons why the court determined that the subject	6912
offender or delinquent child is not a child-victim predator. If	6913
the court determines by clear and convincing evidence that the	6914
subject offender or delinquent child is a child-victim predator,	6915
the court shall specify in the offender's sentence and the	6916
judgment of conviction that contains the sentence or in the	6917
delinquent child's dispositional order, as appropriate, that the	6918
court has determined that the offender or delinquent child is a	6919
child-victim predator and shall specify that the determination was	6920
pursuant to division (B) of this section. In any case in which the	6921
child-victim oriented offense in question was committed by the	6922
offender on or after the effective date of this amendment, the	6923
court shall specify in the offender's sentence and judgment of	6924
conviction that contains the sentence that the offender committed	6925
the child-victim oriented offense on or after the effective date	6926
of this section. The offender or delinquent child and the	6927
prosecutor who prosecuted the offender or handled the case against	6928
the delinquent child for the child-victim oriented offense in	6929
question may appeal as a matter of right the court's determination	6930
under this division as to whether the offender or delinquent child	6931
is, or is not, a child-victim predator.	6932

(C)(1) If, prior to the effective date of this section, a	6933
person was convicted of or pleaded guilty to a sexually oriented	6934
offense, if, on and after the effective date of this section, the	6935
sexually oriented offense no longer is considered a sexually	6936
oriented offense but instead is a child-victim oriented offense,	6937
if the person was not sentenced for the offense on or after	6938
January 1, 1997, and if, on or after the effective date of this	6939
section, the offender is serving a term of imprisonment in a state	6940
correctional institution, the department of rehabilitation and	6941
correction shall determine whether to recommend that the offender	6942
be adjudicated a child-victim predator. In making a determination	6943
under this division as to whether to recommend that the offender	6944
be adjudicated a child-victim predator, the department shall	6945
consider all relevant factors, including, but not limited to, all	6946
of the factors specified in divisions (B)(2) and (3) of this	6947
section. If the department determines that it will recommend that	6948
the offender be adjudicated a child-victim predator or determines	6949
that it will not recommend that the offender be adjudicated a	6950
child-victim predator, it immediately shall send its	6951
recommendation or determination to the court that sentenced the	6952
offender. In all cases, the department shall enter its	6953
determination and recommendation in the offender's institutional	6954
record, and the court shall proceed in accordance with division	6955
(C)(2) of this section.	6956

(2)(a) If, pursuant to division (C)(1) of this section, the	6957
department of rehabilitation and correction sends to a court a	6958
recommendation that an offender be adjudicated a child-victim	6959
predator, the court is not bound by the department's	6960
recommendation, and the court shall conduct a hearing to determine	6961
whether the offender is a child-victim predator. In any case, the	6962
court shall not make a determination that the offender is, or is	6963
not, a child-victim predator without a hearing. The court may hold	6964
the hearing and make the determination prior to the offender's	6965
release from imprisonment or at any time within one year following	6966
the offender's release from that imprisonment.	6967

(b) If, pursuant to division (C)(1) of this section, the	6968
department sends to the court a determination that it is not	6969
recommending that an offender be adjudicated a child-victim	6970
predator, the court shall not make any determination as to whether	6971
the offender is, or is not, a child-victim predator but shall	6972
determine whether the offender previously has been convicted of or	6973
pleaded guilty to a child-victim oriented offense other than the	6974
offense in relation to which the department made its	6975
determination.	6976

The court may conduct a hearing to determine whether the	6977
offender previously has been convicted of or pleaded guilty to a	6978
child-victim oriented offense but may make the determination	6979
without a hearing. However, if the court determines that the	6980
offender previously has been convicted of or pleaded guilty to an	6981
offense of that nature, it shall not impose a requirement that the	6982
offender be subject to the community notification provisions	6983
contained in sections 2950.10 and 2950.11 of the Revised Code	6984
without a hearing. The court shall include in the offender's	6985
institutional record any determination made under this division as	6986
to whether the offender previously has been convicted of or	6987
pleaded guilty to a child-victim oriented offense and whether the	6988
offender is a habitual child-victim offender.	6989

(c) Upon scheduling a hearing under division (C)(2)(a) or (b)	6990
of this section, the court shall give the offender and the	6991
prosecutor who prosecuted the offender for the child-victim	6992
oriented offense, or that prosecutor's successor in office, notice	6993
of the date, time, and place of the hearing. If the hearing is	6994
scheduled under division (C)(2)(a) of this section to determine	6995
whether the offender is a child-victim predator, it shall be	6996
conducted in the manner described in division (B)(1) of this	6997
section regarding hearings conducted under that division, and, in	6998
making a determination under this division as to whether the	6999
offender is a child-victim predator, the court shall consider all	7000
relevant factors, including, but not limited to, all of the	7001
factors specified in divisions (B)(2) and (3) of this section.	7002
After reviewing all testimony and evidence presented at the	7003
child-victim predator hearing and the factors specified in	7004
divisions (B)(2) and (3) of this section, the court shall	7005
determine by clear and convincing evidence whether the offender is	7006
a child-victim predator. If the court determines at the	7007
child-victim predator hearing that the offender is not a	7008
child-victim predator, it also shall determine whether the	7009
offender previously has been convicted of or pleaded guilty to a	7010
child-victim oriented offense other than the offense in relation	7011
to which the hearing is being conducted.	7012

Upon making its determinations at the child-victim predator	7013
hearing, the court shall proceed as follows:	7014

(i) If the court determines that the offender is not a	7015
child-victim predator and that the offender previously has not	7016
been convicted of or pleaded guilty to a child-victim oriented	7017
offense other than the offense in relation to which the hearing is	7018
being conducted, it shall include in the offender's institutional	7019
record its determinations and the reason or reasons why it	7020
determined that the offender is not a child-victim predator.	7021

(ii) If the court determines that the offender is not a	7022
child-victim predator but that the offender previously has been	7023
convicted of or pleaded guilty to a child-victim oriented offense	7024
other than the offense in relation to which the hearing is being	7025
conducted, it shall include in the offender's institutional record	7026
its determination that the offender is not a child-victim predator	7027
but is a habitual child-victim offender and the reason or reasons	7028
why it determined that the offender is not a child-victim	7029
predator, shall attach the determinations and the reason or	7030
reasons to the offender's sentence, shall specify that the	7031
determinations were made pursuant to division (C) of this section,	7032
shall provide a copy of the determinations and the reason or	7033
reasons to the offender, to the prosecuting attorney, and to the	7034
department of rehabilitation and correction, and may impose a	7035
requirement that the offender be subject to the community	7036
notification provisions contained in sections 2950.10 and 2950.11	7037
of the Revised Code. The offender shall not be subject to those	7038
community notification provisions relative to the child-victim	7039
oriented offense in question if the court does not so impose the	7040
requirement described in this division. If the court imposes that	7041
requirement, the offender may appeal the judge's determination	7042
that the offender is a habitual child-victim offender.	7043

(iii) If the court determines by clear and convincing	7044
evidence that the offender is a child-victim predator, it shall	7045
enter its determination in the offender's institutional record,	7046
shall attach the determination to the offender's sentence, shall	7047
specify that the determination was made pursuant to division (C)	7048
of this section, and shall provide a copy of the determination to	7049
the offender, to the prosecuting attorney, and to the department	7050
of rehabilitation and correction. The offender and the prosecutor	7051
may appeal as a matter of right the judge's determination under	7052
this division as to whether the offender is, or is not, a	7053
child-victim predator.	7054

If the hearing is scheduled under division (C)(2)(b) of this	7055
section to determine whether the offender previously has been	7056
convicted of or pleaded guilty to a child-victim oriented offense	7057
or whether to subject the offender to the community notification	7058
provisions contained in sections 2950.10 and 2950.11 of the	7059
Revised Code, upon making the determination, the court shall	7060
attach the determination or determinations to the offender's	7061
sentence, shall provide a copy to the offender, to the prosecuting	7062
attorney, and to the department of rehabilitation and correction	7063
and may impose a requirement that the offender be subject to the	7064
community notification provisions. The offender shall not be	7065
subject to the community notification provisions relative to the	7066
child-victim oriented offense in question if the court does not so	7067
impose the requirement described in this division. If the court	7068
imposes that requirement, the offender may appeal the judge's	7069
determination that the offender is a habitual child-victim	7070
offender.	7071

(3) Divisions (C)(1) and (2) of this section do not require a	7072
court to conduct a new hearing under those divisions for any	7073
offender regarding a child-victim oriented offense if, prior to	7074
the effective date of this section, the court previously conducted	7075
a hearing under divisions (C)(1) and (2) of section 2950.09 of the	7076
Revised Code regarding that offense, while it formerly was	7077
classified a sexually oriented offense, to determine whether the	7078
offender was a sexual predator. Divisions (C)(1) and (2) of this	7079
section do not require a court to conduct a hearing under those	7080
divisions for any offender regarding a child-victim oriented	7081
offense if, prior to the effective date of this section and	7082
pursuant to divisions (C)(1) and (2) of section 2950.09 of the	7083
Revised Code, the department of rehabilitation and correction	7084
recommended that the offender be adjudicated a sexual predator	7085
regarding that offense, while it formerly was classified a	7086
sexually oriented offense, and the court denied the recommendation	7087
and determined that the offender was not a sexual predator without	7088
a hearing, provided that this provision does not apply if the	7089
child-victim oriented offense in question was an offense described	7090
in division (D)(1)(c) of section 2950.01 of the Revised Code.	7091

(D)(1) Division (D) of this section does not apply to any	7092
person who has been convicted of or pleaded guilty to a	7093
child-victim oriented offense. Division (D) of this section	7094
applies only to delinquent children as provided in Chapter 2152.	7095
of the Revised Code. A person who has been adjudicated a	7096
delinquent child for committing a child-victim oriented offense	7097
and who has been classified by a juvenile court judge a juvenile	7098
offender registrant or, if applicable, additionally has been	7099
determined by a juvenile court judge to be a child-victim predator	7100
or habitual child-victim offender, may petition the adjudicating	7101
court for a reclassification or declassification pursuant to	7102
section 2152.85 of the Revised Code.	7103

A judge who is reviewing a child-victim predator	7104
determination for a delinquent child under section 2152.84 or	7105
2152.85 of the Revised Code shall comply with this section. At the	7106
hearing, the judge shall consider all relevant evidence and	7107
information, including, but not limited to, the factors set forth	7108
in division (B)(3) of this section. The judge shall not enter a	7109
determination that the delinquent child no longer is a	7110
child-victim predator unless the judge determines by clear and	7111
convincing evidence that the delinquent child is unlikely to	7112
commit a child-victim oriented offense in the future. If the judge	7113
enters a determination under this division that the delinquent	7114
child no longer is a child-victim predator, the judge shall notify	7115
the bureau of criminal identification and investigation of the	7116
determination and shall include in the notice a statement of the	7117
reason or reasons why it determined that the delinquent child no	7118
longer is a child-victim predator. Upon receipt of the	7119
notification, the bureau promptly shall notify the sheriff with	7120
whom the delinquent child most recently registered under section	7121
2950.04 or 2950.05 of the Revised Code of the determination that	7122
the offender no longer is a child-victim predator.	7123

(2) If an offender who has been convicted of or pleaded	7124
guilty to a child-victim oriented offense is classified a	7125
child-victim predator pursuant to division (A) of this section or	7126
has been adjudicated a child-victim predator relative to the	7127
offense as described in division (B) or (C) of this section,	7128
subject to division (F) of this section, the classification or	7129
adjudication of the offender as a child-victim predator is	7130
permanent and continues in effect until the offender's death, and	7131
in no case shall the classification or adjudication be removed or	7132
terminated.	7133

(E)(1) If, prior to the effective date of this section, a	7134
person was convicted of, pleaded guilty to, or adjudicated a	7135
delinquent child for committing a sexually oriented offense, if,	7136
on and after the effective date of this section, the sexually	7137
oriented offense no longer is considered a sexually oriented	7138
offense but instead is a child-victim oriented offense, if, prior	7139
to the effective date of this section, a judge determined that the	7140
offender or delinquent child was a habitual sex offender, and if	7141
one or more of the offenses that was the basis of the offender or	7142
delinquent child being a habitual sex offender remains on and	7143
after the effective date of this section a sexually oriented	7144
offense, notwithstanding the redesignation of the offense as	7145
described in this division, the determination and classification	7146
of that person as a habitual sex offender remains valid and in	7147
effect on and after the effective date of this section.	7148

(2) If, prior to the effective date of this section, a person	7149
was convicted of, pleaded guilty to, or adjudicated a delinquent	7150
child for committing a sexually oriented offense, if, on and after	7151
the effective date of this section, the sexually oriented offense	7152
no longer is considered a sexually oriented offense but instead is	7153
a child-victim oriented offense, if, prior to the effective date	7154
of this section, a judge determined that the offender or	7155
delinquent child was a habitual sex offender, and if none of the	7156
offenses that was the basis of the offender or delinquent child	7157
being a habitual sex offender remains on and after the effective	7158
date of this section a sexually oriented offense, on and after the	7159
effective date of this section, the offender or delinquent child	7160
automatically is classified a habitual child-victim offender.	7161

(3) If a person is convicted of or pleads guilty to	7162
committing a child-victim oriented offense and is to be sentenced	7163
for the offense on or after the effective date of this section,	7164
the judge who is to impose sentence on the offender shall	7165
determine, prior to sentencing, whether the offender previously	7166
has been convicted of or pleaded guilty to, or adjudicated a	7167
delinquent child for committing, a child-victim oriented offense	7168
and is a habitual child-victim offender. The judge who is to	7169
impose or has imposed an order of disposition on or after the	7170
effective date of this section upon a child who is adjudicated a	7171
delinquent child for committing a child-victim oriented offense	7172
shall determine, prior to entering the order classifying the	7173
delinquent child a juvenile child-victim offender registrant,	7174
whether the delinquent child previously has been convicted of or	7175
pleaded guilty to, or adjudicated a delinquent child for	7176
committing, a child-victim oriented offense and is a habitual	7177
child-victim offender, if either of the following applies:	7178

(a) The judge is required by section 2152.82 or division (A)	7179
of section 2152.83 of the Revised Code to classify the child a	7180
juvenile offender registrant.	7181

(b) Division (B) of section 2152.83 of the Revised Code	7182
applies regarding the child, the judge conducts a hearing under	7183
that division for the purposes described in that division, and the	7184
judge determines at that hearing that the child will be classified	7185
a juvenile offender registrant.	7186

(4) If, under division (E)(3) of this section, the judge	7187
determines that the offender or delinquent child previously has	7188
not been convicted of or pleaded guilty to, or been adjudicated a	7189
delinquent child for committing, a child-victim oriented offense	7190
or that the offender otherwise does not satisfy the criteria for	7191
being a habitual child-victim offender, the judge shall specify in	7192
the offender's sentence or in the order classifying the delinquent	7193
child a juvenile child-victim offender registrant that the judge	7194
has determined that the offender or delinquent child is not a	7195
habitual child-victim offender. If the judge determines that the	7196
offender or delinquent child previously has been convicted of or	7197
pleaded guilty to, or been adjudicated a delinquent child for	7198
committing, a child-victim oriented offense and that the offender	7199
satisfies all other criteria for being a habitual child-victim	7200
offender, the judge shall specify in the offender's sentence and	7201
the judgment of conviction that contains the sentence or in the	7202
order classifying the delinquent child a juvenile offender	7203
registrant that the judge has determined that the offender or	7204
delinquent child is a habitual child-victim offender and regarding	7205
an offender who committed the most recent child-victim oriented	7206
offense prior to the effective date of this section or a	7207
delinquent child, may impose a requirement in that sentence and	7208
judgment of conviction or in that order that the offender or	7209
delinquent child be subject to the community notification	7210
provisions contained in sections 2950.10 and 2950.11 of the	7211
Revised Code. Unless the habitual child-victim offender also has	7212
been adjudicated a child-victim predator relative to the	7213
child-victim oriented offense in question, or the habitual	7214
child-victim offender was convicted of or pleaded guilty to a	7215
child-victim oriented offense that was committed on or after the	7216
effective date of this section the offender or delinquent child	7217
shall be subject to those community notification provisions only	7218
if the court imposes the requirement described in this division in	7219
the offender's sentence and the judgment of conviction or in the	7220
order classifying the delinquent child a juvenile offender	7221
registrant. If the court determines pursuant to this division or	7222
division (C)(2) of this section that an offender is a habitual	7223
child-victim offender, the determination is permanent and	7224
continues in effect until the offender's death, and in no case	7225
shall the determination be removed or terminated.	7226

If a court in another state, a federal court, military court,	7227
or Indian tribal court, or a court in any nation other than the	7228
United States, determines a person is a habitual child-victim	7229
offender in that jurisdiction, the person is considered to be	7230
determined a habitual child-victim offender in this state. If the	7231
court in the other state, the federal court, military court, or	7232
Indian tribal court, or the court in any nation other than the	7233
United States subjects the habitual child-victim offender to	7234
community notification regarding the person's place of residence,	7235
the person, as much as is practicable, is subject to the community	7236
notification provisions regarding the person's place of residence	7237
that are contained in sections 2950.10 and 2950.11 of the Revised	7238
Code, unless the court that so subjected the person to community	7239
notification determines that the person no longer is subject to	7240
community notification.	7241

(F)(1) An offender or delinquent child classified a	7242
child-victim predator may petition the court of common pleas or,	7243
for a delinquent child, the juvenile court of the county in which	7244
the offender or delinquent child resides or temporarily is	7245
domiciled to enter a determination that the offender or delinquent	7246
child is not an adjudicated child-victim predator in this state	7247
for purposes of the registration and other requirements of this	7248
chapter or the community notification provisions contained in	7249
sections 2950.10 and 2950.11 of the Revised Code if all of the	7250
following apply:	7251

(a) The offender or delinquent child was convicted, pleaded	7252
guilty, or adjudicated a delinquent child in a court of another	7253
state, in a federal court, a military court, or Indian tribal	7254
court, or in a court of any nation other than the United States	7255
for committing a child-victim oriented offense.	7256

(b) As a result of the conviction, plea of guilty, or	7257
adjudication described in division (F)(1)(a) of this section, the	7258
offender or delinquent child is required under the law of the	7259
jurisdiction under which the offender or delinquent child was	7260
convicted, pleaded guilty, or was adjudicated to register as a	7261
child-victim offender until the offender's or delinquent child's	7262
death.	7263

(c) The offender or delinquent child was automatically	7264
classified a child-victim predator under division (A) of this	7265
section in relation to the conviction, guilty plea, or	7266
adjudication described in division (F)(1)(a) of this section.	7267

(2) The court may enter a determination that the offender or	7268
delinquent child filing the petition described in division (F)(1)	7269
of this section is not an adjudicated child-victim predator in	7270
this state for purposes of the registration and other requirements	7271
of this chapter or the community notification provisions contained	7272
in sections 2950.10 and 2950.11 of the Revised Code only if the	7273
offender or delinquent child proves by clear and convincing	7274
evidence that the requirement of the other jurisdiction that the	7275
offender or delinquent child register as a child-victim offender	7276
until the offender's or delinquent child's death is not	7277
substantially similar to a classification as a child-victim	7278
predator for purposes of this chapter. If the court enters a	7279
determination that the offender or delinquent child is not an	7280
adjudicated child-victim predator in this state for those	7281
purposes, the court shall include in the determination a statement	7282
of the reason or reasons why it so determined.	7283

Sec. 2950.10.  (A)(1) If a person is convicted of or pleads	7284
guilty to, or has been convicted of or pleaded guilty to, either a	7285
sexually oriented offense that is not a registration-exempt	7286
sexually oriented offense or a child-victim oriented offense or a	7287
person is adjudicated a delinquent child for committing either a	7288
sexually oriented offense that is not a registration-exempt	7289
sexually oriented offense or a child-victim oriented offense and	7290
is classified a juvenile sex offender registrant or is an	7291
out-of-state juvenile sex offender registrant based on that	7292
adjudication, if the offender or delinquent child is in any	7293
category specified in division (B)(1)(a), (b), or (c), or (d) of	7294
this section, if the offender or delinquent child registers with a	7295
sheriff pursuant to section 2950.04, 2950.041, or 2950.05 of the	7296
Revised Code, and if the victim of the sexually oriented offense	7297
or child-victim oriented offense has made a request in accordance	7298
with rules adopted by the attorney general that specifies that the	7299
victim would like to be provided the notices described in this	7300
section, the sheriff shall notify the victim of the sexually	7301
oriented offense or child-victim oriented offense, in writing,	7302
that the offender or delinquent child has registered and shall	7303
include in the notice the offender's or delinquent child's name	7304
and residencethe address or addresses of the offender's	7305
residence, school, institution of higher education, or place of	7306
employment, as applicable, or the delinquent child's name and	7307
residence address or addresses. The sheriff shall provide the	7308
notice required by this division to the victim at the most recent	7309
residence address available for that victim, not later than	7310
seventy-two hoursfive days after the offender or delinquent child	7311
registers with the sheriff.	7312

(2) If a person is convicted of or pleads guilty to, or has	7313
been convicted of or pleaded guilty to, either a sexually oriented	7314
offense that is not a registration-exempt sexually oriented	7315
offense or a child-victim oriented offense or a person is	7316
adjudicated a delinquent child for committing either a sexually	7317
oriented offense that is not a registration-exempt sexually	7318
oriented offense or a child-victim oriented offense and is	7319
classified a juvenile sex offender registrant or is an	7320
out-of-state juvenile sex offender registrant based on that	7321
adjudication, if the offender or delinquent child is in any	7322
category specified in division (B)(1)(a), (b), or (c), or (d) of	7323
this section, if the offender or delinquent child registers with a	7324
sheriff pursuant to section 2950.04, 2950.041, or 2950.05 of the	7325
Revised Code, if the victim of the sexually oriented offense or	7326
child-victim oriented offense has made a request in accordance	7327
with rules adopted by the attorney general that specifies that the	7328
victim would like to be provided the notices described in this	7329
section, and if the offender or delinquent child notifies the	7330
sheriff of a change of residence, school, institution of higher	7331
education, or place of employment address or the delinquent child	7332
notifies the sheriff of a change of residence address pursuant to	7333
section 2950.05 of the Revised Code, the sheriff shall notify the	7334
victim of the sexually oriented offense or child-victim oriented	7335
offense, in writing, that the offender's or delinquent child's	7336
residence address has changed and shall include in the notice the	7337
offender's or delinquent child's name and the new residence	7338
address or addresses of the offender's residence, school,	7339
institution of higher education, or place of employment, as	7340
applicable, or the delinquent child's name and new residence	7341
address or addresses. The sheriff shall provide the notice	7342
required by this division to the victim at the most recent	7343
residence address available for that victim, no later than	7344
seventy-two hoursfive days after the offender or delinquent child	7345
notifies the sheriff of the change in the offender's or delinquent	7346
child's residence, school, institution of higher education, or	7347
place of employment address.	7348

(3) If a person is convicted of or pleads guilty to, or has	7349
been convicted of or pleaded guilty to, either a sexually oriented	7350
offense that is not a registration-exempt sexually oriented	7351
offense or a child-victim oriented offense or a person is	7352
adjudicated a delinquent child for committing either a sexually	7353
oriented offense that is not a registration-exempt sexually	7354
oriented offense or a child-victim oriented offense and is	7355
classified a juvenile sex offender registrant or is an	7356
out-of-state juvenile sex offender registrant based on that	7357
adjudication, and if the offender or delinquent child is	7358
adjudicated as being a sexual predator relative to the sexually	7359
oriented offense or the offender or delinquent child is determined	7360
pursuant to division (E) of section 2950.09, division (B) of	7361
section 2152.83, section 2152.84, or section 2152.85 of the	7362
Revised Code to be a habitual sex offender and is made subject to	7363
in any category specified in division (B)(1)(a), (b), (c), or (d)	7364
of this section, the victim of the offense may make a request in	7365
accordance with rules adopted by the attorney general pursuant to	7366
section 2950.13 of the Revised Code that specifies that the victim	7367
would like to be provided the notices described in divisions	7368
(A)(1) and (2) of this section. If the victim makes a request in	7369
accordance with those rules, the sheriff described in divisions	7370
(A)(1) and (2) of this section shall provide the victim with the	7371
notices described in those divisions.	7372

(4) If a victim makes a request as described in division	7373
(A)(3) of this section that specifies that the victim would like	7374
to be provided the notices described in divisions (A)(1) and (2)	7375
of this section, all information a sheriff obtains regarding the	7376
victim from or as a result of the request is confidential, and the	7377
information is not a public record open for inspection under	7378
section 149.43 of the Revised Code.	7379

(5) The notices described in divisions (A)(1) and (2) of this	7380
section are in addition to any notices regarding the offender or	7381
delinquent child that the victim is entitled to receive under	7382
Chapter 2930. of the Revised Code.	7383

(B)(1) The duties to provide the notices described in	7384
divisions (A)(1) and (2) of this section apply regarding any	7385
offender or delinquent child who is in any of the following	7386
categories, if the other criteria set forth in division (A)(1) or	7387
(2) of this section, whichever is applicable, are satisfied:	7388

(a) The offender orsexually oriented offense or child-victim	7389
oriented offense for which the offender has the duty to register	7390
under section 2950.04 or 2950.041 of the Revised Code was	7391
committed prior to the effective date of this amendment and the	7392
offender has been adjudicated a sexual predator or child-victim	7393
predator relative to that offense, or the delinquent child has	7394
been adjudicated a sexual predator relative to the sexually	7395
oriented offense for which the offender or delinquent child has	7396
the duty to register under section 2950.04 of the Revised Code or	7397
the offender or delinquent child has been adjudicated a	7398
child-victim predator relative to the child-victim oriented	7399
offense for which the offender or child has the duty to register	7400
under section 2950.041 of the Revised Code, and the court has not	7401
subsequently determined pursuant to division (D) of section	7402
2950.09, section 2152.84, or section 2152.85 of the Revised Code	7403
regarding a delinquent child that the offender or delinquent child	7404
no longer is a sexual predator or no longer is a child-victim	7405
predator, whichever is applicable.	7406

(b) The offender orsexually oriented offense or child-victim	7407
oriented offense for which the offender has the duty to register	7408
under section 2950.04 or 2950.041 of the Revised Code was	7409
committed prior to the effective date of this amendment, the	7410
offender has been determined pursuant to division (C)(2) or (E) of	7411
section 2950.09 or 2950.091 of the Revised Code to be a habitual	7412
sex offender or habitual child-victim offender, and the court has	7413
imposed a requirement under that division subjecting the offender	7414
to this section, or the delinquent child has been determined	7415
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	7416
division (B) of section 2152.83, section 2152.84, or section	7417
2152.85 of the Revised Code to be a habitual sex offender or a	7418
habitual child-victim offender, the court has imposed a	7419
requirement under that division or section subjecting the habitual	7420
sex offender or habitual child-victim offender to this section,	7421
and the determination has not been removed pursuant to section	7422
2152.84 or 2152.85 of the Revised Code regarding a delinquent	7423
child.	7424

(c) The sexually oriented offense for which the offender has	7425
the duty to register under section 2950.04 of the Revised Code is	7426
an aggravated sexually oriented offense committed on or after the	7427
effective date of this amendmentprior to the effective date of	7428
this amendment, regardless of whether the offender has been	7429
adjudicated a sexual predator relative to the offense or has been	7430
determined to be a habitual sex offender and, if the offender has	7431
been so adjudicated or determined to be a habitual sex offender,	7432
regardless of whether the court has subsequently determined that	7433
the offender no longer is a sexual predator or whether the	7434
habitual sex offender determination has not been removed as	7435
described in division (A)(1)(a) or (b) of this section.	7436

(d) The sexually oriented offense or child-victim oriented	7437
offense for which the offender has the duty to register under	7438
section 2950.04 or 2950.041 of the Revised Code was committed on	7439
or after the effective date of this amendment in this state or	7440
another state, under the law of the United States, or under the	7441
law applicable in a military court or in an Indian tribal court,	7442
regardless of whether the offender has been adjudicated a sexual	7443
predator or a child-victim predator relative to that offense,	7444
regardless of whether the offender has been determined to be a	7445
habitual sex offender or habitual child-victim offender, and	7446
regardless of whether that offense is an aggravated sexually	7447
oriented offense.	7448

(2) A victim of a sexually oriented offense that is not a	7449
registration-exempt sexually oriented offense or of a child-victim	7450
oriented offense is not entitled to be provided any notice	7451
described in division (A)(1) or (2) of this section unless the	7452
offender or delinquent child is in a category specified in	7453
division (B)(1)(a), (b), or (c), or (d) of this section. A victim	7454
of a sexually oriented offense that is not a registration-exempt	7455
sexually oriented offense or of a child-victim oriented offense is	7456
not entitled to any notice described in division (A)(1) or (2) of	7457
this section unless the victim makes a request in accordance with	7458
rules adopted by the attorney general pursuant to section 2950.13	7459
of the Revised Code that specifies that the victim would like to	7460
be provided the notices described in divisions (A)(1) and (2) of	7461
this section. This division does not affect any rights of a victim	7462
of a sexually oriented offense or child-victim oriented offense to	7463
be provided notice regarding an offender or delinquent child that	7464
are described in Chapter 2930. of the Revised Code.	7465

Sec. 2950.11.  (A) As used in this section, "specified	7466
geographical notification area" means the geographic area or areas	7467
within which the attorney general, by rule adopted under section	7468
2950.13 of the Revised Code, requires the notice described in	7469
division (B) of this section to be given to the persons identified	7470
in divisions (A)(2) to (8) of this section. If a person is	7471
convicted of or pleads guilty to, or has been convicted of or	7472
pleaded guilty to, either a sexually oriented offense that is not	7473
a registration-exempt sexually oriented offense or a child-victim	7474
oriented offense, or a person is adjudicated a delinquent child	7475
for committing either a sexually oriented offense that is not a	7476
registration-exempt sexually oriented offense or a child-victim	7477
oriented offense and is classified a juvenile sex offender	7478
registrant or is an out-of-state juvenile sex offender registrant	7479
based on that adjudication, and if the offender or delinquent	7480
child is in any category specified in division (F)(1)(a), (b), or	7481
(c), or (d) of this section, the sheriff with whom the offender or	7482
delinquent child has most recently registered under section	7483
2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff	7484
to whom the offender or delinquent child most recently sent a	7485
notice of intent to reside under section 2950.04 or 2950.041 of	7486
the Revised Code, within the period of time specified in division	7487
(C) of this section, shall provide a written notice containing the	7488
information set forth in division (B) of this section to all of	7489
the following persons described in divisions (A)(1) to (9) of this	7490
section. If the sheriff has sent a notice to the persons described	7491
in those divisions as a result of receiving a notice of intent to	7492
reside and if the offender or delinquent child registers a	7493
residence address that is the same residence address described in	7494
the notice of intent to reside, the sheriff is not required to	7495
send an additional notice when the offender or delinquent child	7496
registers. The sheriff shall provide the notice to all of the	7497
following persons:	7498

(1) All occupants of residences(a) Any occupant of each	7499
residential unit that is located within one thousand feet of the	7500
offender's or delinquent child's place of residenceresidential	7501
premises, that areis located within the county served by the	7502
sheriff, and allthat is not located in a multi-unit building.	7503
Division (D)(3) of this section applies regarding notices required	7504
under this division.	7505

(b) If the offender or delinquent child resides in a	7506
multi-unit building, any occupant of each residential unit that is	7507
located in that multi-unit building and that shares a common	7508
hallway with the offender or delinquent child. For purposes of	7509
this division, an occupant's unit shares a common hallway with the	7510
offender or delinquent child if the entrance door into the	7511
occupant's unit is located on the same floor and opens into the	7512
same hallway as the entrance door to the unit the offender or	7513
delinquent child occupies. Division (D)(3) of this section applies	7514
regarding notices required under this division.	7515

(c) The building manager, or the person the building owner or	7516
condominium unit owners association authorizes to exercise	7517
management and control, of each multi-unit building that is	7518
located within one thousand feet of the offender's or delinquent	7519
child's residential premises, including a multi-unit building in	7520
which the offender or delinquent child resides, and that is	7521
located within the county served by the sheriff. In addition to	7522
notifying the building manager or the person authorized to	7523
exercise management and control in the multi-unit building under	7524
this division, the sheriff shall post a copy of the notice	7525
prominently in each common entryway in the building and any other	7526
location in the building the sheriff determines appropriate. The	7527
manager or person exercising management and control of the	7528
building shall permit the sheriff to post copies of the notice	7529
under this division as the sheriff determines appropriate. In lieu	7530
of posting copies of the notice as described in this division, a	7531
sheriff may provide notice to all occupants of the multi-unit	7532
building by mail or personal contact; if the sheriff so notifies	7533
all the occupants, the sheriff is not required to post copies of	7534
the notice in the common entryways to the building. Division	7535
(D)(3) of this section applies regarding notices required under	7536
this division.	7537

(d) All additional neighbors of the offender or delinquent	7538
childpersons who are within any category of neighbors of the	7539
offender or delinquent child that the attorney general by rule	7540
adopted under section 2950.13 of the Revised Code requires to be	7541
provided the notice and who reside within the county served by the	7542
sheriff;	7543

(2) The executive director of the public children services	7544
agency that has jurisdiction within the specified geographical	7545
notification area and that is located within the county served by	7546
the sheriff;	7547

(3)(a) The superintendent of each board of education of a	7548
school district that has schools within the specified geographical	7549
notification area and that is located within the county served by	7550
the sheriff;	7551

(b) The principal of the school within the specified	7552
geographical notification area and within the county served by the	7553
sheriff that the delinquent child attends;	7554

(c) If the delinquent child attends a school outside of the	7555
specified geographical notification area or outside of the school	7556
district where the delinquent child resides, the superintendent of	7557
the board of education of a school district that governs the	7558
school that the delinquent child attends and the principal of the	7559
school that the delinquent child attends.	7560

(4)(a) The appointing or hiring officer of each chartered	7561
nonpublic school located within the specified geographical	7562
notification area and within the county served by the sheriff or	7563
of each other school located within the specified geographical	7564
notification area and within the county served by the sheriff and	7565
that is not operated by a board of education described in division	7566
(A)(3) of this section;	7567

(b) Regardless of the location of the school, the appointing	7568
or hiring officer of a chartered nonpublic school that the	7569
delinquent child attends.	7570

(5) The director, head teacher, elementary principal, or site	7571
administrator of each preschool program governed by Chapter 3301.	7572
of the Revised Code that is located within the specified	7573
geographical notification area and within the county served by the	7574
sheriff;	7575

(6) The administrator of each child day-care center or type A	7576
family day-care home that is located within the specified	7577
geographical notification area and within the county served by the	7578
sheriff, and the provider of each certified type B family day-care	7579
home that is located within the specified geographical	7580
notification area and within the county served by the sheriff. As	7581
used in this division, "child day-care center," "type A family	7582
day-care home," and "certified type B family day-care home" have	7583
the same meanings as in section 5104.01 of the Revised Code.	7584

(7) The president or other chief administrative officer of	7585
each institution of higher education, as defined in section	7586
2907.03 of the Revised Code, that is located within the specified	7587
geographical notification area and within the county served by the	7588
sheriff, and the chief law enforcement officer of the state	7589
university law enforcement agency or campus police department	7590
established under section 3345.04 or 1713.50 of the Revised Code,	7591
if any, that serves that institution;	7592

(8) The sheriff of each county that includes any portion of	7593
the specified geographical notification area;	7594

(9) If the offender or delinquent child resides within the	7595
county served by the sheriff, the chief of police, marshal, or	7596
other chief law enforcement officer of the municipal corporation	7597
in which the offender or delinquent child resides or, if the	7598
offender or delinquent child resides in an unincorporated area,	7599
the constable or chief of the police department or police district	7600
police force of the township in which the offender or delinquent	7601
child resides.	7602

(B) The notice required under division (A) of this section	7603
shall include all of the following information regarding the	7604
subject offender or delinquent child:	7605

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

7606

(2) The address or addresses at which the offender or	7607
delinquent child residesof the offender's residence, school,	7608
institution of higher education, or place of employment, as	7609
applicable, or the delinquent child's residence address or	7610
addresses;	7611

(3) The sexually oriented offense or child-victim oriented	7612
offense of which the offender was convicted, to which the offender	7613
pleaded guilty, or for which the child was adjudicated a	7614
delinquent child;	7615

(4) All of the following statements that are applicable:

7616

(a) A statement that the offender or delinquent child has	7617
been adjudicated as being a sexual predator for an offense	7618
committed prior to the effective date of this amendment, a	7619
statement that the offender has been convicted of or pleaded	7620
guilty to an aggravated sexually oriented offense committed prior	7621
to the effective date of this amendment, a statement that the	7622
delinquent child has been adjudicated a sexual predator and that,	7623
as of the date of the notice, the court has not entered a	7624
determination that the offender or delinquent child no longer is a	7625
sexual predator, or a statement that the sentencing or reviewing	7626
judge has determined that the offender oris a habitual sex	7627
offender regarding two or more offenses committed prior to the	7628
effective date of this amendment, a statement that the sentencing	7629
or reviewing judge has determined that the delinquent child is a	7630
habitual sex offender and that, as of the date of the notice, the	7631
determination has not been removed pursuant to section 2152.84 or	7632
2152.85 of the Revised Code, or a statement that the offender has	7633
committed a sexually oriented offense or a child-victim oriented	7634
offense on or after the effective date of this amendment,	7635
whichever is applicable;	7636

(b) A statement that the offender has been adjudicated a	7637
child-victim predator, a statement that the delinquent child has	7638
been adjudicated a child-victim predator and that, as of the date	7639
of the notice, the court has not entered a determination that the	7640
delinquent child no longer is a child-victim predator, or a	7641
statement that the sentencing or reviewing judge has determined	7642
that the offender or delinquent child is a habitual child-victim	7643
offender and that, as of the date of the notice, the determination	7644
regarding a delinquent child has not been removed pursuant to	7645
section 2152.84 or 2152.85 of the Revised Code.	7646

(C) If a sheriff with whom an offender or delinquent child	7647
registers under section 2950.04, 2950.041, or 2950.05 of the	7648
Revised Code or to whom the offender or delinquent child most	7649
recently sent a notice of intent to reside under section 2950.04	7650
or 2950.041 of the Revised Code is required by division (A) of	7651
this section to provide notices regarding an offender or	7652
delinquent child and if, pursuant to that requirement, the sheriff	7653
provides a notice to a sheriff of one or more other counties in	7654
accordance with division (A)(8) of this section, the sheriff of	7655
each of the other counties who is provided notice under division	7656
(A)(8) of this section shall provide the notices described in	7657
divisions (A)(1) to (7) and (A)(9) of this section to each person	7658
or entity identified within those divisions that is located within	7659
the specified geographical notification area and within the county	7660
served by the sheriff in question.	7661

(D)(1) A sheriff required by division (A) or (C) of this	7662
section to provide notices regarding an offender or delinquent	7663
child shall provide the notice to the neighbors that are described	7664
in division (A)(1) of this section and the notices to law	7665
enforcement personnel that are described in divisions (A)(8) and	7666
(9) of this section as soon as practicable, but no later than	7667
seventy-two hoursfive days after the offender sends the notice of	7668
intent to reside to the sheriff and again no later than	7669
seventy-two hoursfive days after the offender or delinquent child	7670
registers with the sheriff or, if the sheriff is required by	7671
division (C) to provide the notices, no later than seventy-two	7672
hoursfive days after the sheriff is provided the notice described	7673
in division (A)(8) of this section.	7674

A sheriff required by division (A) or (C) of this section to	7675
provide notices regarding an offender or delinquent child shall	7676
provide the notices to all other specified persons that are	7677
described in divisions (A)(2) to (7) of this section as soon as	7678
practicable, but not later than seven days after the offender or	7679
delinquent child registers with the sheriff or, if the sheriff is	7680
required by division (C) to provide the notices, no later than	7681
seventy-two hoursfive days after the sheriff is provided the	7682
notice described in division (A)(8) of this section.	7683

(2) If an offender or delinquent child in relation to whom	7684
division (A) of this section applies verifies the offender's or	7685
delinquent child's current residence, school, institution of	7686
higher education, or place of employment address, as applicable,	7687
with a sheriff pursuant to section 2950.06 of the Revised Code,	7688
the sheriff may provide a written notice containing the	7689
information set forth in division (B) of this section to the	7690
persons identified in divisions (A)(1) to (9) of this section. If	7691
a sheriff provides a notice pursuant to this division to the	7692
sheriff of one or more other counties in accordance with division	7693
(A)(8) of this section, the sheriff of each of the other counties	7694
who is provided the notice under division (A)(8) of this section	7695
may provide, but is not required to provide, a written notice	7696
containing the information set forth in division (B) of this	7697
section to the persons identified in divisions (A)(1) to (7) and	7698
(A)(9) of this section.	7699

(3) A sheriff may provide notice under division (A)(1)(a) or	7700
(b) of this section, and may provide notice under division	7701
(A)(1)(c) of this section to a building manager or person	7702
authorized to exercise management and control of a building, by	7703
mail, by personal contact, or by leaving the notice at or under	7704
the entry door to a residential unit. For purposes of divisions	7705
(A)(1)(a) and (b) of this section, and the portion of division	7706
(A)(1)(c) of this section relating to the provision of notice to	7707
occupants of a multi-unit building by mail or personal contact,	7708
the provision of one written notice per unit is deemed as	7709
providing notice to all occupants of that unit.	7710

(E)(1) All information that a sheriff possesses regarding an	7711
offender or regarding a delinquent child who is a sexual predator	7712
or, a habitual sex offender, a child-victim predator, or a	7713
habitual child-victim offender that is described in division (B)	7714
of this section and that must be provided in a notice required	7715
under division (A) or (C) of this section or that may be provided	7716
in a notice authorized under division (D)(2) of this section is a	7717
public record that is open to inspection under section 149.43 of	7718
the Revised Code. Subject to division (E)(2) of this section, a	7719
sheriff may publicly disseminate or cause to be publicly	7720
disseminated by means of the internet a notice containing the	7721
information set forth in division (B) of this section or any other	7722
information of a type described in this division.	7723

If the sexual predator or habitual sex offender is a juvenile	7724
sex offender registrant, the(2) The sheriff shall not cause any	7725
of the information described in this division to be publicly	7726
disseminated by means of the internet any of the information	7727
described in this division that is provided by a sexual predator,	7728
habitual sex offender, child-victim predator, or habitual	7729
child-victim offender who is a juvenile offender registrant,	7730
except when the act that is the basis of athe child's	7731
classification as a juvenile sex offender registrant is a	7732
violation of, or an attempt to commit a violation of, section	7733
2903.01, 2903.02, or 2905.01 of the Revised Code that was	7734
committed with a purpose to gratify the sexual needs or desires of	7735
the child, a violation of section 2907.02 of the Revised Code, or	7736
an attempt to commit a violation of that section.	7737

(F)(1) The duties to provide the notices described in	7738
divisions (A) and (C) of this section apply regarding any offender	7739
or delinquent child who is in any of the following categories, if	7740
the other criteria set forth in division (A) or (C) of this	7741
section, whichever is applicable, are satisfied:	7742

(a) The offender orsexually oriented offense or child-victim	7743
oriented offense for which the offender has the duty to register	7744
under section 2950.04 or 2950.041 of the Revised Code was	7745
committed prior to the effective date of this amendment, the	7746
offender has been adjudicated a sexual predator relative to that	7747
offense, or the delinquent child has been adjudicated a sexual	7748
predator relative to the sexually oriented offense for which the	7749
offender or delinquent child has the duty to register under	7750
section 2950.04 of the Revised Code or has been adjudicated a	7751
child-victim predator relative to the child-victim oriented	7752
offense for which the child has the duty to register under section	7753
2950.041 of the Revised Code, and the court has not subsequently	7754
determined pursuant to division (D) of section 2950.09, section	7755
2152.84, or section 2152.85 of the Revised Code regarding a	7756
delinquent child that the offender or delinquent child no longer	7757
is a sexual predator or no longer is a child-victim predator,	7758
whichever is applicable.	7759

(b) The offender orsexually oriented offense or child-victim	7760
oriented offense for which the offender has the duty to register	7761
under section 2950.04 or 2950.041 of the Revised Code was	7762
committed prior to the effective date of this amendment, the	7763
offender has been determined pursuant to division (C)(2) or (E) of	7764
section 2950.09 or 2950.091 of the Revised Code to be a habitual	7765
sex offender or habitual child-victim offender, and the court has	7766
imposed a requirement under that division subjecting the offender	7767
to this section, or the delinquent child has been determined	7768
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	7769
division (B) of section 2152.83, section 2152.84, or section	7770
2152.85 of the Revised Code to be a habitual sex offender or a	7771
habitual child-victim offender, the court has imposed a	7772
requirement under that division or section subjecting the habitual	7773
sex offender or habitual child-victim offender to this section,	7774
and the determination has not been removed pursuant to section	7775
2152.84 or 2152.85 of the Revised Code regarding a delinquent	7776
child.	7777

(c) The sexually oriented offense for which the offender has	7778
the duty to register under section 2950.04 of the Revised Code is	7779
an aggravated sexually oriented offense committed on or after the	7780
effective date of this amendmentprior to the effective date of	7781
this amendment, regardless of whether the offender has been	7782
adjudicated a sexual predator relative to the offense or has been	7783
determined to be a habitual sex offender and, if the offender has	7784
been so adjudicated or determined, regardless of whether the court	7785
has subsequently determined that the offender no longer is a	7786
sexual predator or whether the habitual sex offender determination	7787
has not been removed as described in division (F)(1)(a) or (b) of	7788
this section.	7789

(d) The sexually oriented offense for which the offender has	7790
the duty to register under section 2950.04 of the Revised Code or	7791
the child-victim offense for which the offender has the duty to	7792
register under section 2950.041 of the Revised Code was committed	7793
on or after the effective date of this amendment in this state or	7794
another state, under the law of the United States, or under the	7795
law applicable in a military court or in an Indian tribal court,	7796
regardless of whether the offender has been adjudicated a sexual	7797
predator or child-victim predator relative to that offense,	7798
regardless of whether the offender has been determined to be a	7799
habitual sex offender or habitual child-victim offender, and	7800
regardless of whether that offense is an aggravated sexually	7801
oriented offense.	7802

(2) The notification provisions of this section do not apply	7803
regarding a person who is convicted of or pleads guilty to, has	7804
been convicted of or pleaded guilty to, or is adjudicated a	7805
delinquent child for committing, a sexually oriented offense prior	7806
to the effective date of this amendment or a child-victim oriented	7807
offense, who is not in the category specified in either division	7808
(F)(1)(a) or (c) of this section, and who is determined pursuant	7809
to division (C)(2) or (E) of section 2950.09 or 2950.091, division	7810
(B) of section 2152.83, section 2152.84, or section 2152.85 of the	7811
Revised Code to be a habitual sex offender or habitual	7812
child-victim offender unless the sentencing or reviewing court	7813
imposes a requirement in the offender's sentence and in the	7814
judgment of conviction that contains the sentence or in the	7815
delinquent child's adjudication, or imposes a requirement as	7816
described in division (C)(2) of section 2950.09 or 2950.091 of the	7817
Revised Code, that subjects the offender or the delinquent child	7818
to the provisions of this section.	7819

(G) The department of job and family services shall compile,	7820
maintain, and update in January and July of each year, a list of	7821
all agencies, centers, or homes of a type described in division	7822
(A)(2) or (6) of this section that contains the name of each	7823
agency, center, or home of that type, the county in which it is	7824
located, its address and telephone number, and the name of an	7825
administrative officer or employee of the agency, center, or home.	7826
The department of education shall compile, maintain, and update in	7827
January and July of each year, a list of all boards of education,	7828
schools, or programs of a type described in division (A)(3), (4),	7829
or (5) of this section that contains the name of each board of	7830
education, school, or program of that type, the county in which it	7831
is located, its address and telephone number, the name of the	7832
superintendent of the board or of an administrative officer or	7833
employee of the school or program, and, in relation to a board of	7834
education, the county or counties in which each of its schools is	7835
located and the address of each such school. The Ohio board of	7836
regents shall compile, maintain, and update in January and July of	7837
each year, a list of all institutions of a type described in	7838
division (A)(7) of this section that contains the name of each	7839
such institution, the county in which it is located, its address	7840
and telephone number, and the name of its president or other chief	7841
administrative officer. A sheriff required by division (A) or (C)	7842
of this section, or authorized by division (D)(2) of this section,	7843
to provide notices regarding an offender or delinquent child, or a	7844
designee of a sheriff of that type, may request the department of	7845
job and family services, department of education, or Ohio board of	7846
regents, by telephone, in person, or by mail, to provide the	7847
sheriff or designee with the names, addresses, and telephone	7848
numbers of the appropriate persons and entities to whom the	7849
notices described in divisions (A)(2) to (7) of this section are	7850
to be provided. Upon receipt of a request, the department or board	7851
shall provide the requesting sheriff or designee with the names,	7852
addresses, and telephone numbers of the appropriate persons and	7853
entities to whom those notices are to be provided.	7854

(H)(1) Upon the motion of the offender or the prosecuting	7855
attorney of the county in which the offender was convicted of or	7856
pleaded guilty to the sexually oriented offense or child-victim	7857
oriented offense for which the offender is subject to community	7858
notification under this section, or upon the motion of the	7859
sentencing judge or that judge's successor in office, the judge	7860
may schedule a hearing to determine whether the interests of	7861
justice would be served by suspending the community notification	7862
requirement under this section in relation to the offender. The	7863
judge may dismiss the motion without a hearing but may not issue	7864
an order suspending the community notification requirement without	7865
a hearing. At the hearing, all parties are entitled to be heard,	7866
and the judge shall consider all of the factors set forth in	7867
division (B)(3) of section 2950.09 of the Revised Code. If, at the	7868
conclusion of the hearing, the judge finds that the offender has	7869
proven by clear and convincing evidence that the offender is	7870
unlikely to commit in the future a sexually oriented offense or a	7871
child-victim oriented offense and if the judge finds that	7872
suspending the community notification requirement is in the	7873
interests of justice, the judge may suspend the application of	7874
this section in relation to the offender. The order shall contain	7875
both of these findings.	7876

The judge promptly shall serve a copy of the order upon the	7877
sheriff with whom the offender most recently registered under	7878
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	7879
the bureau of criminal identification and investigation.	7880

An order suspending the community notification requirement	7881
does not suspend or otherwise alter an offender's duties to comply	7882
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	7883
Revised Code and does not suspend the victim notification	7884
requirement under section 2950.10 of the Revised Code.	7885

(2) A prosecuting attorney, a sentencing judge or that	7886
judge's successor in office, and an offender who is subject to the	7887
community notification requirement under this section may	7888
initially make a motion under division (H)(1) of this section upon	7889
the expiration of twenty years after the offender's duty to comply	7890
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	7891
Revised Code begins in relation to the offense for which the	7892
offender is subject to community notification. After the initial	7893
making of a motion under division (H)(1) of this section,	7894
thereafter, the prosecutor, judge, and offender may make a	7895
subsequent motion under that division upon the expiration of five	7896
years after the judge has entered an order denying the initial	7897
motion or the most recent motion made under that division.	7898

(3) The offender and the prosecuting attorney have the right	7899
to appeal an order approving or denying a motion made under	7900
division (H)(1) of this section.	7901

(4) Division (H) of this section does not apply to any of the	7902
following types of offender:	7903

(a) A sexually violent predator;

7904

(b) A habitual sex offender or habitual child-victim oriented	7905
offender who is subject to community notification who, subsequent	7906
to being subjected to community notification, has pleaded guilty	7907
to or been convicted of a sexually oriented offense or a	7908
child-victim oriented offense;	7909

(c) A sexual predator or child-victim predator who is not a	7910
sexually violent predator who, subsequent to being subjected to	7911
community notification, has pleaded guilty to or been convicted of	7912
a sexually oriented offense or child-victim oriented offense.	7913

Sec. 2950.111.  (A) If an offender or delinquent child	7914
registers a residence address, provides notice of a change of any	7915
residence address, or verifies a current residence address	7916
pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the	7917
Revised Code, all of the following apply:	7918

(1) At any time after the registration, provision of the	7919
notice, or verification, the sheriff with whom the offender or	7920
delinquent child so registered or to whom the offender or	7921
delinquent child so provided the notice or verified the current	7922
address, or a designee of that sheriff, may contact a person who	7923
owns, leases, or otherwise has custody, control, or supervision of	7924
the premises at the address provided by the offender or delinquent	7925
child in the registration, the notice, or the verification and	7926
request that the person confirm or deny that the offender or	7927
delinquent child currently resides at that address.	7928

(2) Upon receipt of a request under division (A)(1) of this	7929
section, notwithstanding any other provision of law, the person	7930
who owns, leases, or otherwise has custody, control, or	7931
supervision of the premises, or an agent of that person, shall	7932
comply with the request and inform the sheriff or designee who	7933
made the request whether or not the offender or delinquent child	7934
currently resides at that address.	7935

(3) Section 2950.12 of the Revised Code applies to a person	7936
who, in accordance with division (A)(2) of this section, provides	7937
information of the type described in that division.	7938

(B) Division (A) of this section applies regarding any public	7939
or private residential premises, including, but not limited to, a	7940
private residence, a multi-unit residential facility, a halfway	7941
house, a homeless shelter, or any other type of residential	7942
premises. Division (A) of this section does not apply regarding an	7943
offender's registration, provision of notice of a change in, or	7944
verification of a school, institution of higher education, or	7945
place of employment address pursuant to section 2950.04, 2950.041,	7946
2950.05, or 2950.06 of the Revised Code.	7947

(C) A sheriff or designee of a sheriff may attempt to confirm	7948
that an offender or delinquent child who registers a residence	7949
address, provides notice of a change of any residence address, or	7950
verifies a current residence address as described in division (A)	7951
of this section currently resides at the address in question in	7952
manners other than the manner provided in this section. A sheriff	7953
or designee of a sheriff is not limited in the number of requests	7954
that may be made under this section regarding any registration,	7955
provision of notice, or verification, or in the number of times	7956
that the sheriff or designee may attempt to confirm, in manners	7957
other than the manner provided in this section, that an offender	7958
or delinquent child currently resides at the address in question.	7959

Sec. 2950.12.  (A) Except as provided in division (B) of this	7960
section, any of the following persons shall be immune from	7961
liability in a civil action to recover damages for injury, death,	7962
or loss to person or property allegedly caused by an act or	7963
omission in connection with a power, duty, responsibility, or	7964
authorization under this chapter or under rules adopted under	7965
authority of this chapter:	7966

(1) An officer or employee of the bureau of criminal	7967
identification and investigation;	7968

(2) The attorney general, a chief of police, marshal, or	7969
other chief law enforcement officer of a municipal corporation, a	7970
sheriff, a constable or chief of police of a township police	7971
department or police district police force, and a deputy, officer,	7972
or employee of the office of the attorney general, the law	7973
enforcement agency served by the marshal or the municipal or	7974
township chief, the office of the sheriff, or the constable;	7975

(3) A prosecutor and an officer or employee of the office of	7976
a prosecutor;	7977

(4) A supervising officer and an officer or employee of the	7978
adult parole authority of the department of rehabilitation and	7979
correction;	7980

(5) A supervising officer and an officer or employee of the	7981
department of youth services;	7982

(6) A supervisor and a caseworker or employee of a public	7983
children services agency acting pursuant to section 5153.16 of the	7984
Revised Code;	7985

(7) A managing officer of a state correctional institution	7986
and an officer or employee of the department of rehabilitation and	7987
correction;	7988

(8) A person identified in division (A)(2), (3), (4), (5),	7989
(6), or (7) of section 2950.11 of the Revised Code or the agent of	7990
that person;	7991

(9) A person identified in division (A)(2) of section	7992
2950.111 of the Revised Code, regarding the person's provision of	7993
information pursuant to that division to a sheriff or a designee	7994
of a sheriff.	7995

(B) The immunity described in division (A) of this section	7996
does not apply to a person described in divisions (A)(1) to (8) of	7997
this section if, in relation to the act or omission in question,	7998
any of the following applies:	7999

(1) The act or omission was manifestly outside the scope of	8000
the person's employment or official responsibilities.	8001

(2) The act or omission was with malicious purpose, in bad	8002
faith, or in a wanton or reckless manner.	8003

(3) Liability for the act or omission is expressly imposed by	8004
a section of the Revised Code.	8005

Sec. 2950.13.  (A) The attorney general shall do all of the	8006
following:	8007

(1) No later than July 1, 1997, establish and maintain a	8008
state registry of sex offenders and child-victim offenders that is	8009
housed at the bureau of criminal identification and investigation	8010
and that contains all of the registration, change of residence,	8011
school, institution of higher education, or place of employment	8012
address, and verification information the bureau receives pursuant	8013
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	8014
Code regarding a person who is convicted of or pleads guilty to,	8015
or has been convicted of or pleaded guilty to, either a sexually	8016
oriented offense that is not a registration-exempt sexually	8017
oriented offense or a child-victim oriented offense or a person	8018
who is adjudicated a delinquent child for committing either a	8019
sexually oriented offense that is not a registration-exempt	8020
sexually oriented offense or a child-victim oriented offense and	8021
is classified a juvenile sex offender registrant or is an	8022
out-of-state juvenile sex offender registrant based on that	8023
adjudication, and all of the information the bureau receives	8024
pursuant to section 2950.14 of the Revised Code;. For a person who	8025
was convicted of or pleaded guilty to the sexually oriented	8026
offense or child-victim related offense, the registry also shall	8027
indicate whether the person was convicted of or pleaded guilty to	8028
the offense in a criminal prosecution or in a serious youthful	8029
offender case.	8030

(2) In consultation with local law enforcement	8031
representatives and no later than July 1, 1997, adopt rules that	8032
contain guidelines necessary for the implementation of this	8033
chapter;	8034

(3) In consultation with local law enforcement	8035
representatives and no later than July 1, 1997, adopt rules for	8036
the implementation and administration of the provisions contained	8037
in section 2950.11 of the Revised Code that pertain to the	8038
notification of neighbors of an offender or a delinquent child who	8039
has committed a sexually oriented offense that is not a	8040
registration-exempt sexually oriented offense and has been	8041
adjudicated as being a sexual predator or determined to be a	8042
habitual sex offender or, an offender who has committed on or	8043
after the effective date of this amendment an aggravated sexually	8044
oriented offense, or an offender or delinquent child who has	8045
committed a child-victim oriented offense and has been adjudicated	8046
a child-victim predator or determined to be a habitual	8047
child-victim offender, and rules that prescribe a manner in which	8048
victims of either a sexually oriented offense that is not a	8049
registration-exempt sexually oriented offense or a child-victim	8050
oriented offense committed by an offender or a delinquent child	8051
who has been adjudicated as being a sexual predator or determined	8052
to be a habitual sex offender or, an offender who has committed on	8053
or after the effective date of this amendment an aggravated	8054
sexually oriented offense, or an offender or delinquent child who	8055
has committed a child-victim oriented offense and has been	8056
adjudicated a child-victim predator or determined to be a habitual	8057
child-victim offender may make a request that specifies that the	8058
victim would like to be provided the notices described in	8059
divisions (A)(1) and (2) of section 2950.10 of the Revised Code;	8060

(4) In consultation with local law enforcement	8061
representatives and through the bureau of criminal identification	8062
and investigation, prescribe the forms to be used by judges and	8063
officials pursuant to section 2950.03 of the Revised Code to	8064
advise offenders and delinquent children of their duties of filing	8065
a notice of intent to reside, registration, notification of a	8066
change of residence, school, institution of higher education, or	8067
place of employment address and registration of the new residence,	8068
school, institution of higher education, or place of employment	8069
address, as applicable, and residence address verification under	8070
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	8071
Code, and prescribe the forms to be used by sheriffs relative to	8072
those duties of filing a notice of intent to reside, registration,	8073
change of residence, school, institution of higher education, or	8074
place of employment address notification, and residence address	8075
verification;	8076

(5) Make copies of the forms prescribed under division (A)(4)	8077
of this section available to judges, officials, and sheriffs;	8078

(6) Through the bureau of criminal identification and	8079
investigation, provide the notifications, the information, and the	8080
documents that the bureau is required to provide to appropriate	8081
law enforcement officials and to the federal bureau of	8082
investigation pursuant to sections 2950.04, 2950.041, 2950.05, and	8083
2950.06 of the Revised Code;	8084

(7) Through the bureau of criminal identification and	8085
investigation, maintain the verification forms returned under the	8086
residence address verification mechanism set forth in section	8087
2950.06 of the Revised Code;	8088

(8) In consultation with representatives of the officials,	8089
judges, and sheriffs, adopt procedures for officials, judges, and	8090
sheriffs to use to forward information, photographs, and	8091
fingerprints to the bureau of criminal identification and	8092
investigation pursuant to the requirements of sections 2950.03,	8093
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	8094

(9) In consultation with the director of education, the	8095
director of job and family services, and the director of	8096
rehabilitation and correction and no later than July 1, 1997,	8097
adopt rules that contain guidelines to be followed by boards of	8098
education of a school district, chartered nonpublic schools or	8099
other schools not operated by a board of education, preschool	8100
programs, child day-care centers, type A family day-care homes,	8101
certified type B family day-care homes, and institutions of higher	8102
education regarding the proper use and administration of	8103
information received pursuant to section 2950.11 of the Revised	8104
Code relative to an offender or delinquent child who has been	8105
adjudicated as being a sexual predator or child-victim predator or	8106
determined to be a habitual sex offender or habitual child-victim	8107
offender, or an offender who has committed an aggravated sexually	8108
oriented offense;	8109

(10) In consultation with local law enforcement	8110
representatives and no later than July 1, 1997, adopt rules that	8111
designate a geographic area or areas within which the notice	8112
described in division (B) of section 2950.11 of the Revised Code	8113
must be given to the persons identified in divisions (A)(2) to (8)	8114
of that section;	8115

(11) Through the bureau of criminal identification and	8116
investigation, not later than January 1, 2004, establish and	8117
operate on the internet a sex offender and child-victim offender	8118
database that contains information for every offender who has	8119
committed either a sexually oriented offense that is not a	8120
registration-exempt sexually oriented offense or a child-victim	8121
oriented offense and who registers in any county in this state	8122
pursuant to section 2950.04 or 2950.041 of the Revised Code. The	8123
bureau shall determine the information to be provided on the	8124
database for each offender and shall obtain that information from	8125
the information contained in the state registry of sex offenders	8126
and child-victim offenders described in division (A)(1) of this	8127
section, which information, while in the possession of the sheriff	8128
who provided it, is a public record open for inspection as	8129
described in section 2950.081 of the Revised Code. The information	8130
provided for each offender shall include at least the information	8131
set forth in division (B) of section 2950.11 of the Revised Code.	8132
The database is a public record open for inspection under section	8133
149.43 of the Revised Code, and it shall be searchable by offender	8134
name, by county, by zip code, and by school district. The database	8135
shall provide a link to the web site of each sheriff who has	8136
established and operates on the internet a sex offender and	8137
child-victim offender database that contains information for	8138
offenders who register in that county pursuant to section 2950.04	8139
or 2950.041 of the Revised Code, with the link being a direct link	8140
to the sex offender and child-victim offender database for the	8141
sheriff.	8142

(12) Upon the request of any sheriff, provide technical	8143
guidance to the requesting sheriff in establishing on the internet	8144
a sex offender and child-victim offender database for the public	8145
dissemination of some or all of the materials described in	8146
division (A) of section 2950.081 of the Revised Code that are	8147
public records under that division and that pertain to offenders	8148
who register in that county pursuant to section 2950.04 or	8149
2950.041 of the Revised Code;	8150

(13) Through the bureau of criminal identification and	8151
investigation, not later than January 1, 2004, establish and	8152
operate on the internet a database that enables local law	8153
enforcement representatives to remotely search by electronic means	8154
the state registry of sex offenders and child-victim offenders	8155
described in division (A)(1) of this section and any information	8156
the bureau receives pursuant to sections 2950.04, 2950.041,	8157
2950.05, 2950.06, and 2950.14 of the Revised Code. The database	8158
shall enable local law enforcement representatives to obtain	8159
detailed information regarding each offender and delinquent child	8160
who is included in the registry, including, but not limited to the	8161
offender's or delinquent child's name, residence address, place of	8162
employment if applicable, motor vehicle license plate number if	8163
applicable, victim preference if available, date of most recent	8164
release from confinement if applicable, fingerprints, and other	8165
identification parameters the bureau considers appropriate. The	8166
database is not a public record open for inspection under section	8167
149.43 of the Revised Code and shall be available only to law	8168
enforcement representatives as described in this division.	8169
Information obtained by local law enforcement representatives	8170
through use of this database is not open to inspection by the	8171
public or by any person other than a person identified in division	8172
(A) of section 2950.08 of the Revised Code;	8173

(14) Establish and operate a sex offender tracking program,	8174
using the information contained in the state registry of sex	8175
offenders described in division (A)(1) of this section.	8176

(B) The attorney general, inmay do any of the following:

8177

(1) In consultation with local law enforcement	8178
representatives, may adopt rules that establish one or more	8179
categories of neighbors of an offender or delinquent child who, in	8180
addition to the occupants of residences adjacent to an offender's	8181
or delinquent child's place of residenceresidential premises and	8182
other persons specified in division (A)(1) of section 2950.11 of	8183
the Revised Code, must be given the notice described in division	8184
(B) of that section 2950.11 of the Revised Code;	8185

(2) Publicly disseminate or cause to be publicly disseminated	8186
by means of the internet the information contained in the sex	8187
offender tracking program established under division (A)(14) of	8188
this section, including, but not limited to, a notice containing	8189
the information set forth in division (B) of section 2950.11 of	8190
the Revised Code.	8191

(C) No person, other than a local law enforcement	8192
representative, shall knowingly do any of the following:	8193

(1) Gain or attempt to gain access to the database	8194
established and operated by the attorney general, through the	8195
bureau of criminal identification and investigation, pursuant to	8196
division (A)(13) of this section.	8197

(2) Permit any person to inspect any information obtained	8198
through use of the database described in division (C)(1) of this	8199
section, other than as permitted under that division.	8200

(D) As used in this section, "local law enforcement	8201
representatives" means representatives of the sheriffs of this	8202
state, representatives of the municipal chiefs of police and	8203
marshals of this state, and representatives of the township	8204
constables and chiefs of police of the township police departments	8205
or police district police forces of this state.	8206

Sec. 2950.14.  (A) Prior to releasing an offender who is	8207
under the custody and control of the department of rehabilitation	8208
and correction and who has been convicted of or pleaded guilty to	8209
committing, either prior to, on, or after January 1, 1997, any	8210
sexually oriented offense that is not a registration-exempt	8211
sexually oriented offense or any child-victim oriented offense,	8212
the department of rehabilitation and correction shall provide all	8213
of the information described in division (B) of this section to	8214
the bureau of criminal identification and investigation regarding	8215
the offender. Prior to releasing a delinquent child who is in the	8216
custody of the department of youth services who has been	8217
adjudicated a delinquent child for committing on or after January	8218
1, 2002, aany sexually oriented offense that is not a	8219
registration-exempt sexually oriented offense or any child-victim	8220
oriented offense, and who has been classified a juvenile sex	8221
offender registrant based on that adjudication, the department of	8222
youth services shall provide all of the information described in	8223
division (B) of this section to the bureau of criminal	8224
identification and investigation regarding the delinquent child.	8225

(B) The department of rehabilitation and correction and the	8226
department of youth services shall provide all of the following	8227
information to the bureau of criminal identification and	8228
investigation regarding an offender or delinquent child described	8229
in division (A) of this section:	8230

(1) The offender's or delinquent child's name and any aliases	8231
used by the offender or delinquent child;	8232

(2) All identifying factors concerning the offender or	8233
delinquent child;	8234

(3) The offender's or delinquent child's anticipated future	8235
residence;	8236

(4) The offense and delinquency history of the offender or	8237
delinquent child;	8238

(5) Whether the offender or delinquent child was treated for	8239
a mental abnormality or personality disorder while under the	8240
custody and control of the department;	8241

(6) Any other information that the bureau indicates is	8242
relevant and that the department possesses.	8243

(C) Upon receipt of the information described in division (B)	8244
of this section regarding an offender or delinquent child, the	8245
bureau immediately shall enter the information into the state	8246
registry of sex offenders and child-victim offenders that the	8247
bureau maintains pursuant to section 2950.13 of the Revised Code	8248
and into the records that the bureau maintains pursuant to	8249
division (A) of section 109.57 of the Revised Code.	8250

Sec. 2950.99.  (A) Whoever(1)(a) Except as otherwise	8251
provided in division (A)(1)(b) of this section, whoever violates a	8252
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	8253
the Revised Code is guilty of a felony of the fifth degree if	8254
shall be punished as follows:	8255

(i) If the most serious sexually oriented offense or	8256
child-victim oriented offense that was the basis of the	8257
registration, notice of intent to reside, change of address	8258
notification, or address verification requirement that was	8259
violated under the prohibition is aggravated murder, murder, or a	8260
felony of the first, second, or third degree if committed by an	8261
adult, the offender is guilty of a felony of the third degree.	8262

(ii) If the most serious sexually oriented offense or	8263
child-victim oriented offense that was the basis of the	8264
registration, notice of intent to reside, change of address	8265
notification, or address verification requirement that was	8266
violated under the prohibition is a felony of the fourth or fifth	8267
degree if committed by an adult, and a misdemeanor of the first	8268
degree, or if the most serious sexually oriented offense or	8269
child-victim oriented offense that was the basis of the	8270
registration, notice of intent to reside, change of address	8271
notification, or address verification requirement that was	8272
violated under the prohibition is a misdemeanor if committed by an	8273
adult. In, the offender is guilty of a felony of the same degree	8274
or a misdemeanor of the same degree as the most serious sexually	8275
oriented offense or child-victim oriented offense that was the	8276
basis of the registration, notice of intent to reside, change of	8277
address, or address verification requirement that was violated	8278
under the prohibition.	8279

(b) If the offender previously has been convicted of or	8280
pleaded guilty to, or previously has been adjudicated a delinquent	8281
child for committing, a violation of a prohibition in section	8282
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	8283
whoever violates a prohibition in section 2950.04, 2950.041,	8284
2950.05, or 2950.06 of the Revised Code shall be punished as	8285
follows:	8286

(i) If the most serious sexually oriented offense or	8287
child-victim oriented offense that was the basis of the	8288
registration, notice of intent to reside, change of address	8289
notification, or address verification requirement that was	8290
violated under the prohibition is aggravated murder, murder, or a	8291
felony of the first, second, third, or fourth degree if committed	8292
by an adult, the offender is guilty of a felony of the third	8293
degree.	8294

(ii) If the most serious sexually oriented offense or	8295
child-victim oriented offense that was the basis of the	8296
registration, notice of intent to reside, change of address	8297
notification, or address verification requirement that was	8298
violated under the prohibition is a felony of the fifth degree if	8299
committed by an adult, the offender is guilty of a felony of the	8300
fourth degree.	8301

(iii) If the most serious sexually oriented offense or	8302
child-victim oriented offense that was the basis of the	8303
registration, notice of intent to reside, change of address	8304
notification, or address verification requirement that was	8305
violated under the prohibition is a misdemeanor of the first	8306
degree if committed by an adult, the offender is guilty of a	8307
felony of the fifth degree.	8308

(iv) If the most serious sexually oriented offense or	8309
child-victim oriented offense that was the basis of the	8310
registration, notice of intent to reside, change of address	8311
notification, or address verification requirement that was	8312
violated under the prohibition is a misdemeanor other than a	8313
misdemeanor of the first degree if committed by an adult, the	8314
offender is guilty of a misdemeanor that is one degree higher than	8315
the most serious sexually oriented offense or child-victim	8316
oriented offense that was the basis of the registration, change of	8317
address, or address verification requirement that was violated	8318
under the prohibition.	8319

(2) In addition to any penalty or sanction imposed under	8320
division (A)(1) of this section or any other provision of law for	8321
thea violation of a prohibition in section 2950.04, 2950.041,	8322
2950.05, or 2950.06 of the Revised Code, if the offender or	8323
delinquent child is on probation or parole, is subject to one or	8324
more post-release control sanctions, or is subject to any other	8325
type of supervised release at the time of the violation, the	8326
violation shall constitute a violation of the terms and conditions	8327
of the probation, parole, post-release control sanction, or other	8328
type of supervised release.	8329

(B) If a person violates a prohibition in section 2950.04,	8330
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	8331
the person as a result of the person being adjudicated a	8332
delinquent child and being classified a juvenile sex offender	8333
registrant or isas an out-of-state juvenile sex offender	8334
registrant, both of the following apply:	8335

(1) If the violation occurs while the person is under	8336
eighteen years of age, the person is subject to proceedings under	8337
Chapter 2152. of the Revised Code based on the violation.	8338

(2) If the violation occurs while the person is eighteen	8339
years of age or older, the person is subject to criminal	8340
prosecution based on the violation.	8341

(C) Whoever violates division (C) of section 2950.13 of the	8342
Revised Code is guilty of a misdemeanor of the first degree.	8343

Sec. 2971.01.  As used in this chapter:

8344

(A) "Mandatory prison term" has the same meaning as in	8345
section 2929.01 of the Revised Code.	8346

(B) "Designated homicide, assault, or kidnapping offense"	8347
means any of the following:	8348

(1) A violation of section 2903.01, 2903.02, 2903.11, or	8349
2905.01 of the Revised Code or a violation of division (A) of	8350
section 2903.04 of the Revised Code;	8351

(2) An attempt to commit or complicity in committing a	8352
violation listed in division (B)(1) of this section, if the	8353
attempt or complicity is a felony.	8354

(C) "Examiner" has the same meaning as in section 2945.371 of	8355
the Revised Code.	8356

(D) "Peace officer" has the same meaning as in section	8357
2935.01 of the Revised Code.	8358

(E) "Prosecuting attorney" means the prosecuting attorney who	8359
prosecuted the case of the offender in question or the successor	8360
in office to that prosecuting attorney.	8361

(F) "Sexually oriented offense" hasand "child-victim	8362
oriented offense" have the same meaningmeanings as in section	8363
2950.01 of the Revised Code.	8364

(G) "Sexually violent offense" means a violent sex offense,	8365
or a designated homicide, assault, or kidnapping offense for which	8366
the offender also was convicted of or pleaded guilty to a sexual	8367
motivation specification.	8368

(H)(1) "Sexually violent predator" means a person who has	8369
been convicted of or pleaded guilty to committing, on or after the	8370
effective date of this sectionJanuary 1, 1997, a sexually violent	8371
offense and is likely to engage in the future in one or more	8372
sexually violent offenses.	8373

(2) For purposes of division (H)(1) of this section, any of	8374
the following factors may be considered as evidence tending to	8375
indicate that there is a likelihood that the person will engage in	8376
the future in one or more sexually violent offenses:	8377

(a) The person has been convicted two or more times, in	8378
separate criminal actions, of a sexually oriented offense or a	8379
child-victim oriented offense. For purposes of this division,	8380
convictions that result from or are connected with the same act or	8381
result from offenses committed at the same time are one	8382
conviction, and a conviction set aside pursuant to law is not a	8383
conviction.	8384

(b) The person has a documented history from childhood, into	8385
the juvenile developmental years, that exhibits sexually deviant	8386
behavior.	8387

(c) Available information or evidence suggests that the	8388
person chronically commits offenses with a sexual motivation.	8389

(d) The person has committed one or more offenses in which	8390
the person has tortured or engaged in ritualistic acts with one or	8391
more victims.	8392

(e) The person has committed one or more offenses in which	8393
one or more victims were physically harmed to the degree that the	8394
particular victim's life was in jeopardy.	8395

(f) Any other relevant evidence.

8396

(I) "Sexually violent predator specification" means a	8397
specification, as described in section 2941.148 of the Revised	8398
Code, charging a person with being a sexually violent predator.	8399

(J) "Sexual motivation" means a purpose to gratify the sexual	8400
needs or desires of the offender.	8401

(K) "Sexual motivation specification" means a specification,	8402
as described in section 2941.147 of the Revised Code, that charges	8403
that a person charged with a designated homicide, assault, or	8404
kidnapping offense committed the offense with a sexual motivation.	8405

(L) "Violent sex offense" means any of the following:

8406

(1) A violation of section 2907.02, 2907.03, or 2907.12 or of	8407
division (A)(4) of section 2907.05 of the Revised Code;	8408

(2) A felony violation of a former law of this state that is	8409
substantially equivalent to a violation listed in division (L)(1)	8410
of this section or of an existing or former law of the United	8411
States or of another state that is substantially equivalent to a	8412
violation listed in division (L)(1) of this section;	8413

(3) An attempt to commit or complicity in committing a	8414
violation listed in division (L)(1) or (2) of this section if the	8415
attempt or complicity is a felony.	8416

Sec. 3319.20.  Whenever an employee of a board of education,	8417
other than an employee who is a license holder to whom section	8418
3319.52 of the Revised Code applies, is convicted of or pleads	8419
guilty to a felony, a violation of section 2907.04 or 2907.06 or	8420
of division (A) or (C)(B) of section 2907.07 of the Revised Code,	8421
an offense of violence, theft offense, or drug abuse offense that	8422
is not a minor misdemeanor, or a violation of an ordinance of a	8423
municipal corporation that is substantively comparable to a felony	8424
or to a violation or offense of that nature, the prosecutor in the	8425
case, on forms prescribed and furnished by the state board of	8426
education, shall notify the employing board of education of the	8427
employee's name and residence address, the fact that the employee	8428
was convicted of or pleaded guilty to the specified offense, the	8429
section of the Revised Code or the municipal ordinance violated,	8430
and the sentence imposed by the court.	8431

The prosecutor shall give the notification required by this	8432
section no earlier than the fifth day following the expiration of	8433
the period within which the employee may file a notice of appeal	8434
from the judgment of the trial court under Appellate Rule 4(B) and	8435
no later than the eighth day following the expiration of that	8436
period. The notification also shall indicate whether the employee	8437
appealed the conviction, and, if applicable, the court in which	8438
the appeal will be heard. If the employee is permitted, by leave	8439
of court pursuant to Appellate Rule 5, to appeal the judgment of	8440
the trial court subsequent to the expiration of the period for	8441
filing a notice of appeal under Appellate Rule 4(B), the	8442
prosecutor promptly shall notify the employing board of education	8443
of the appeal and the court in which the appeal will be heard.	8444

As used in this section, "theft offense" has the same meaning	8445
as in section 2913.01 of the Revised Code, "drug abuse offense"	8446
has the same meaning as in section 2925.01 of the Revised Code,	8447
and "prosecutor" has the same meaning as in section 2935.01 of the	8448
Revised Code.	8449

Sec. 3319.31.  (A) As used in this section and sections	8450
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	8451
means a certificate, license, or permit described in division (B)	8452
of section 3301.071 or in section 3301.074, 3319.088, 3319.29, or	8453
3319.302 of the Revised Code.	8454

(B) For any of the following reasons, the state board of	8455
education, in accordance with Chapter 119. and section 3319.311 of	8456
the Revised Code, may refuse to issue a license to an applicant,	8457
may limit a license it issues to an applicant, or may suspend,	8458
revoke, or limit a license that has been issued to any person:	8459

(1) Engaging in an immoral act, incompetence, negligence, or	8460
conduct that is unbecoming to the applicant's or person's	8461
position;	8462

(2) A plea of guilty to, a finding of guilt by a jury or	8463
court of, or a conviction of any of the following:	8464

(a) A felony;

8465

(b) A violation of section 2907.04 or 2907.06 or division (A)	8466
or (C)(B) of section 2907.07 of the Revised Code;	8467

(c) An offense of violence;

8468

(d) A theft offense, as defined in section 2913.01 of the	8469
Revised Code;	8470

(e) A drug abuse offense, as defined in section 2925.01 of	8471
the Revised Code, that is not a minor misdemeanor;	8472

(f) A violation of an ordinance of a municipal corporation	8473
that is substantively comparable to an offense listed in divisions	8474
(B)(2)(a) to (e) of this section.	8475

(C) The state board may take action under division (B) of	8476
this section on the basis of substantially comparable conduct	8477
occurring in a jurisdiction outside this state or occurring before	8478
a person applies for or receives any license.	8479

(D) The state board may adopt rules in accordance with	8480
Chapter 119. of the Revised Code to carry out this section and	8481
section 3319.311 of the Revised Code.	8482

Sec. 5139.13.  (A) The department of youth services shall do	8483
all of the following:	8484

(1) Control and manage all institutions for the	8485
rehabilitation of delinquent children and youthful offenders that	8486
are operated by the state, except where the control and management	8487
of an institution is vested by law in another agency;	8488

(2) Provide treatment and training for children committed to	8489
the department and assigned by the department to various	8490
institutions under its control and management, including, but not	8491
limited to, for a child committed to it for an act that is either	8492
a sexually oriented offense that is not a registration-exempt	8493
sexually oriented offense or a child-victim oriented offense,	8494
treatment that is appropriate for a child who commits an act that	8495
is a sexually oriented offense that is not a registration-exempt	8496
sexually oriented offense or child-victim oriented offense and	8497
that is intended to ensure that the child does not commit any	8498
subsequent act that is a sexually oriented offense or a	8499
child-victim oriented offense;	8500

(3) Establish and maintain appropriate reception centers for	8501
the reception of children committed to the department and employ	8502
competent persons to have charge of those centers and to conduct	8503
investigations;	8504

(4) Establish and maintain any other facilities necessary for	8505
the training, treatment, and rehabilitation of children committed	8506
to the department.	8507

(B) As used in this section, "sexually oriented offense" has	8508
and "child-victim oriented offense" have the same meaningmeanings	8509
as in section 2950.01 of the Revised Code.	8510

Sec. 5321.01.  As used in this chapter:

8511

(A) "Tenant" means a person entitled under a rental agreement	8512
to the use and occupancy of residential premises to the exclusion	8513
of others.	8514

(B) "Landlord" means the owner, lessor, or sublessor of	8515
residential premises, the agent of the owner, lessor, or	8516
sublessor, or any person authorized by the owner, lessor, or	8517
sublessor to manage the premises or to receive rent from a tenant	8518
under a rental agreement.	8519

(C) "Residential premises" means a dwelling unit for	8520
residential use and occupancy and the structure of which it is a	8521
part, the facilities and appurtenances in it, and the grounds,	8522
areas, and facilities for the use of tenants generally or the use	8523
of which is promised the tenant. "Residential premises" includes a	8524
dwelling unit that is owned or operated by a college or	8525
university. "Residential premises" does not include any of the	8526
following:	8527

(1) Prisons, jails, workhouses, and other places of	8528
incarceration or correction, including, but not limited to,	8529
halfway houses or residential arrangements which are used or	8530
occupied as a requirement of probation or parole;	8531

(2) Hospitals and similar institutions with the primary	8532
purpose of providing medical services, and homes licensed pursuant	8533
to Chapter 3721. of the Revised Code;	8534

(3) Tourist homes, hotels, motels, recreational vehicle	8535
parks, recreation camps, combined park-camps, temporary	8536
park-camps, and other similar facilities where circumstances	8537
indicate a transient occupancy;	8538

(4) Elementary and secondary boarding schools, where the cost	8539
of room and board is included as part of the cost of tuition;	8540

(5) Orphanages and similar institutions;

8541

(6) Farm residences furnished in connection with the rental	8542
of land of a minimum of two acres for production of agricultural	8543
products by one or more of the occupants;	8544

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	8545
the Revised Code;	8546

(8) Occupancy by an owner of a condominium unit;

8547

(9) Occupancy in a facility licensed as an SRO facility	8548
pursuant to Chapter 3731. of the Revised Code, if the facility is	8549
owned or operated by an organization that is exempt from taxation	8550
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	8551
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	8552
group of entities in which such an organization has a controlling	8553
interest, and if either of the following applies:	8554

(a) The occupancy is for a period of less than sixty days;

8555

(b) The occupancy is for participation in a program operated	8556
by the facility, or by a public entity or private charitable	8557
organization pursuant to a contract with the facility, to provide	8558
either of the following:	8559

(i) Services licensed, certified, registered, or approved by	8560
a governmental agency or private accrediting organization for the	8561
rehabilitation of mentally ill persons, developmentally disabled	8562
persons, adults or juveniles convicted of criminal offenses, or	8563
persons suffering from substance abuse;	8564

(ii) Shelter for juvenile runaways, victims of domestic	8565
violence, or homeless persons.	8566

(10) Emergency shelters operated by organizations exempt from	8567
federal income taxation under section 501(c)(3) of the "Internal	8568
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	8569
amended, for persons whose circumstances indicate a transient	8570
occupancy, including homeless people, victims of domestic	8571
violence, and juvenile runaways.	8572

(D) "Rental agreement" means any agreement or lease, written	8573
or oral, which establishes or modifies the terms, conditions,	8574
rules, or any other provisions concerning the use and occupancy of	8575
residential premises by one of the parties.	8576

(E) "Security deposit" means any deposit of money or property	8577
to secure performance by the tenant under a rental agreement.	8578

(F) "Dwelling unit" means a structure or the part of a	8579
structure that is used as a home, residence, or sleeping place by	8580
one person who maintains a household or by two or more persons who	8581
maintain a common household.	8582

(G) "Controlled substance" has the same meaning as in section	8583
3719.01 of the Revised Code.	8584

(H) "Student tenant" means a person who occupies a dwelling	8585
unit owned or operated by the college or university at which the	8586
person is a student, and who has a rental agreement that is	8587
contingent upon the person's status as a student.	8588

(I) "Recreational vehicle park," "recreation camp," "combined	8589
park-camp," and "temporary park-camp" have the same meanings as in	8590
section 3733.01 of the Revised Code.	8591

(J) "School premises" has the same meaning as in section	8592
2925.01 of the Revised Code.	8593

(K) "Sexually oriented offense" and "child-victim oriented	8594
offense" have the same meanings as in section 2950.01 of the	8595
Revised Code.	8596

Sec. 5321.03.  (A) Notwithstanding section 5321.02 of the	8597
Revised Code, a landlord may bring an action under Chapter 1923.	8598
of the Revised Code for possession of the premises if:	8599

(1) The tenant is in default in the payment of rent;

8600

(2) The violation of the applicable building, housing,	8601
health, or safety code that the tenant complained of was primarily	8602
caused by any act or lack of reasonable care by the tenant, or by	8603
any other person in the tenant's household, or by anyone on the	8604
premises with the consent of the tenant;	8605

(3) Compliance with the applicable building, housing, health,	8606
or safety code would require alteration, remodeling, or demolition	8607
of the premises which would effectively deprive the tenant of the	8608
use of the dwelling unit;	8609

(4) A tenant is holding over histhe tenant's term.

8610

(5) The residential premises are located within one thousand	8611
feet of any school premises, and both of the following apply	8612
regarding the tenant or other occupant who resides in or occupies	8613
the premises:	8614

(a) The tenant's or other occupant's name appears on the	8615
state registry of sex offenders and child-victim offenders	8616
maintained under section 2950.13 of the Revised Code.	8617

(b) The state registry of sex offenders and child-victim	8618
offenders indicates that the tenant or other occupant was	8619
convicted of or pleaded guilty to either a sexually oriented	8620
offense that is not a registration-exempt sexually oriented	8621
offense or a child-victim oriented offense in a criminal	8622
prosecution and was not sentenced to a serious youthful offender	8623
dispositional sentence for that offense.	8624

(B) The maintenance of an action by the landlord under this	8625
section does not prevent the tenant from recovering damages for	8626
any violation by the landlord of the rental agreement or of	8627
section 5321.04 of the Revised Code.	8628

(C) This section does not apply to a dwelling unit occupied	8629
by a student tenant.	8630

Sec. 5321.051. (A)(1) No tenant of any residential premises	8631
located within one thousand feet of any school premises shall	8632
allow any person to occupy those residential premises if both of	8633
the following apply regarding the person:	8634

(a) The person's name appears on the state registry of sex	8635
offenders and child-victim offenders maintained under section	8636
2950.13 of the Revised Code.	8637

(b) The state registry of sex offenders and child-victim	8638
offenders indicates that the person was convicted of or pleaded	8639
guilty to either a sexually oriented offense that is not a	8640
registration-exempt sexually oriented offense or a child-victim	8641
oriented offense in a criminal prosecution and was not sentenced	8642
to a serious youthful offender dispositional sentence for that	8643
offense.	8644

(2) If a tenant allows occupancy in violation of this section	8645
or a person establishes a residence or occupies residential	8646
premises in violation of section 2950.031 of the Revised Code, the	8647
landlord for the residential premises that are the subject of the	8648
rental agreement or other tenancy may terminate the rental	8649
agreement or other tenancy of the tenant and all other occupants.	8650

(B) If a landlord is authorized to terminate a rental	8651
agreement or other tenancy pursuant to division (A) of this	8652
section but does not so terminate the rental agreement or other	8653
tenancy, the landlord is not liable in a tort or other civil	8654
action in damages for any injury, death, or loss to person or	8655
property that allegedly results from that decision.	8656

Section 2. That existing sections 109.42, 109.57, 325.32,	8657
1923.01, 1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82,	8658
2152.83, 2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07,	8659
2919.24, 2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01,	8660
2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08,	8661
2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14,	8662
2950.99, 2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03	8663
of the Revised Code are hereby repealed.	8664

Section 3. That the versions of sections 109.42, 2152.02,	8665
2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01,	8666
2950.99, and 5321.01 of the Revised Code that are scheduled to	8667
take effect January 1, 2004, be amended to read as follows:	8668

Sec. 109.42.  (A) The attorney general shall prepare and have	8669
printed a pamphlet that contains a compilation of all statutes	8670
relative to victim's rights in which the attorney general lists	8671
and explains the statutes in the form of a victim's bill of	8672
rights. The attorney general shall distribute the pamphlet to all	8673
sheriffs, marshals, municipal corporation and township police	8674
departments, constables, and other law enforcement agencies, to	8675
all prosecuting attorneys, city directors of law, village	8676
solicitors, and other similar chief legal officers of municipal	8677
corporations, and to organizations that represent or provide	8678
services for victims of crime. The victim's bill of rights set	8679
forth in the pamphlet shall contain a description of all of the	8680
rights of victims that are provided for in Chapter 2930. or in any	8681
other section of the Revised Code and shall include, but not be	8682
limited to, all of the following:	8683

(1) The right of a victim or a victim's representative to	8684
attend a proceeding before a grand jury, in a juvenile case, or in	8685
a criminal case pursuant to a subpoena without being discharged	8686
from the victim's or representative's employment, having the	8687
victim's or representative's employment terminated, having the	8688
victim's or representative's pay decreased or withheld, or	8689
otherwise being punished, penalized, or threatened as a result of	8690
time lost from regular employment because of the victim's or	8691
representative's attendance at the proceeding pursuant to the	8692
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	8693
2945.451 of the Revised Code;	8694

(2) The potential availability pursuant to section 2151.359	8695
or 2152.61 of the Revised Code of a forfeited recognizance to pay	8696
damages caused by a child when the delinquency of the child or	8697
child's violation of probation or community control is found to be	8698
proximately caused by the failure of the child's parent or	8699
guardian to subject the child to reasonable parental authority or	8700
to faithfully discharge the conditions of probation or community	8701
control;	8702

(3) The availability of awards of reparations pursuant to	8703
sections 2743.51 to 2743.72 of the Revised Code for injuries	8704
caused by criminal offenses;	8705

(4) The right of the victim in certain criminal or juvenile	8706
cases or a victim's representative to receive, pursuant to section	8707
2930.06 of the Revised Code, notice of the date, time, and place	8708
of the trial or delinquency proceeding in the case or, if there	8709
will not be a trial or delinquency proceeding, information from	8710
the prosecutor, as defined in section 2930.01 of the Revised Code,	8711
regarding the disposition of the case;	8712

(5) The right of the victim in certain criminal or juvenile	8713
cases or a victim's representative to receive, pursuant to section	8714
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	8715
name of the person charged with the violation, the case or docket	8716
number assigned to the charge, and a telephone number or numbers	8717
that can be called to obtain information about the disposition of	8718
the case;	8719

(6) The right of the victim in certain criminal or juvenile	8720
cases or of the victim's representative pursuant to section	8721
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	8722
terms set by the court as authorized under section 2930.14 of the	8723
Revised Code, to make a statement about the victimization and, if	8724
applicable, a statement relative to the sentencing or disposition	8725
of the offender;	8726

(7) The opportunity to obtain a court order, pursuant to	8727
section 2945.04 of the Revised Code, to prevent or stop the	8728
commission of the offense of intimidation of a crime victim or	8729
witness or an offense against the person or property of the	8730
complainant, or of the complainant's ward or child;	8731

(8) The right of the victim in certain criminal or juvenile	8732
cases or a victim's representative pursuant to sections 2151.38,	8733
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	8734
receive notice of a pending motion for judicial release or early	8735
release of the person who committed the offense against the	8736
victim, to make an oral or written statement at the court hearing	8737
on the motion, and to be notified of the court's decision on the	8738
motion;	8739

(9) The right of the victim in certain criminal or juvenile	8740
cases or a victim's representative pursuant to section 2930.16,	8741
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	8742
of any pending commutation, pardon, parole, transitional control,	8743
discharge, other form of authorized release, post-release control,	8744
or supervised release for the person who committed the offense	8745
against the victim or any application for release of that person	8746
and to send a written statement relative to the victimization and	8747
the pending action to the adult parole authority or the release	8748
authority of the department of youth services;	8749

(10) The right of the victim to bring a civil action pursuant	8750
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	8751
from the offender's profit fund;	8752

(11) The right, pursuant to section 3109.09 of the Revised	8753
Code, to maintain a civil action to recover compensatory damages	8754
not exceeding ten thousand dollars and costs from the parent of a	8755
minor who willfully damages property through the commission of an	8756
act that would be a theft offense, as defined in section 2913.01	8757
of the Revised Code, if committed by an adult;	8758

(12) The right, pursuant to section 3109.10 of the Revised	8759
Code, to maintain a civil action to recover compensatory damages	8760
not exceeding ten thousand dollars and costs from the parent of a	8761
minor who willfully and maliciously assaults a person;	8762

(13) The possibility of receiving restitution from an	8763
offender or a delinquent child pursuant to section 2152.20,	8764
2929.18, or 2929.28 of the Revised Code;	8765

(14) The right of the victim in certain criminal or juvenile	8766
cases or a victim's representative, pursuant to section 2930.16 of	8767
the Revised Code, to receive notice of the escape from confinement	8768
or custody of the person who committed the offense, to receive	8769
that notice from the custodial agency of the person at the	8770
victim's last address or telephone number provided to the	8771
custodial agency, and to receive notice that, if either the	8772
victim's address or telephone number changes, it is in the	8773
victim's interest to provide the new address or telephone number	8774
to the custodial agency;	8775

(15) The right of a victim of domestic violence to seek the	8776
issuance of a temporary protection order pursuant to section	8777
2919.26 of the Revised Code, to seek the issuance of a civil	8778
protection order pursuant to section 3113.31 of the Revised Code,	8779
and to be accompanied by a victim advocate during court	8780
proceedings;	8781

(16) The right of a victim of a sexually oriented offense	8782
that is not a registration-exempt sexually oriented offense or of	8783
a child-victim oriented offense that is committed by a person who	8784
is convicted of or pleads guilty to an aggravated sexually	8785
oriented offense, by a person who is adjudicated as being a sexual	8786
predator or child-victim predator, or, in certain cases, by a	8787
person who is determined to be a habitual sex offender or habitual	8788
child-victim offender to receive, pursuant to section 2950.10 of	8789
the Revised Code, notice that the person has registered with a	8790
sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised	8791
Code and notice of the person's name and, the person's residence	8792
that is registered, and the offender's school, institution of	8793
higher education, or place of employment address or addresses that	8794
are registered, and a summary of the manner in which the victim	8795
must make a request to receive the notice. As used in this	8796
division, "sexually oriented offense," "adjudicated as being a	8797
sexual predator," and "habitual sex offender,"	8798
"registration-exempt sexually oriented offense," "aggravated	8799
sexually oriented offense," "child-victim oriented offense,"	8800
"adjudicated a child-victim predator," and "habitual child-victim	8801
offender" have the same meanings as in section 2950.01 of the	8802
Revised Code.	8803

(17) The right of a victim of certain sexually violent	8804
offenses committed by a sexually violent predator who is sentenced	8805
to a prison term pursuant to division (A)(3) of section 2971.03 of	8806
the Revised Code to receive, pursuant to section 2930.16 of the	8807
Revised Code, notice of a hearing to determine whether to modify	8808
the requirement that the offender serve the entire prison term in	8809
a state correctional facility, whether to continue, revise, or	8810
revoke any existing modification of that requirement, or whether	8811
to terminate the prison term. As used in this division, "sexually	8812
violent offense" and "sexually violent predator" have the same	8813
meanings as in section 2971.01 of the Revised Code.	8814

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	8815
prosecuting attorney, assistant prosecuting attorney, city	8816
director of law, assistant city director of law, village	8817
solicitor, assistant village solicitor, or similar chief legal	8818
officer of a municipal corporation or an assistant of any of those	8819
officers who prosecutes an offense committed in this state, upon	8820
first contact with the victim of the offense, the victim's family,	8821
or the victim's dependents, shall give the victim, the victim's	8822
family, or the victim's dependents a copy of the pamphlet prepared	8823
pursuant to division (A) of this section and explain, upon	8824
request, the information in the pamphlet to the victim, the	8825
victim's family, or the victim's dependents.	8826

(b) Subject to division (B)(1)(c) of this section, a law	8827
enforcement agency that investigates an offense or delinquent act	8828
committed in this state shall give the victim of the offense or	8829
delinquent act, the victim's family, or the victim's dependents a	8830
copy of the pamphlet prepared pursuant to division (A) of this	8831
section at one of the following times:	8832

(i) Upon first contact with the victim, the victim's family,	8833
or the victim's dependents;	8834

(ii) If the offense or delinquent act is an offense of	8835
violence, if the circumstances of the offense or delinquent act	8836
and the condition of the victim, the victim's family, or the	8837
victim's dependents indicate that the victim, the victim's family,	8838
or the victim's dependents will not be able to understand the	8839
significance of the pamphlet upon first contact with the agency,	8840
and if the agency anticipates that it will have an additional	8841
contact with the victim, the victim's family, or the victim's	8842
dependents, upon the agency's second contact with the victim, the	8843
victim's family, or the victim's dependents.	8844

If the agency does not give the victim, the victim's family,	8845
or the victim's dependents a copy of the pamphlet upon first	8846
contact with them and does not have a second contact with the	8847
victim, the victim's family, or the victim's dependents, the	8848
agency shall mail a copy of the pamphlet to the victim, the	8849
victim's family, or the victim's dependents at their last known	8850
address.	8851

(c) In complying on and after December 9, 1994, with the	8852
duties imposed by division (B)(1)(a) or (b) of this section, an	8853
official or a law enforcement agency shall use copies of the	8854
pamphlet that are in the official's or agency's possession on	8855
December 9, 1994, until the official or agency has distributed all	8856
of those copies. After the official or agency has distributed all	8857
of those copies, the official or agency shall use only copies of	8858
the pamphlet that contain at least the information described in	8859
division (A)(1) to (17) of this section.	8860

(2) The failure of a law enforcement agency or of a	8861
prosecuting attorney, assistant prosecuting attorney, city	8862
director of law, assistant city director of law, village	8863
solicitor, assistant village solicitor, or similar chief legal	8864
officer of a municipal corporation or an assistant to any of those	8865
officers to give, as required by division (B)(1) of this section,	8866
the victim of an offense or delinquent act, the victim's family,	8867
or the victim's dependents a copy of the pamphlet prepared	8868
pursuant to division (A) of this section does not give the victim,	8869
the victim's family, the victim's dependents, or a victim's	8870
representative any rights under section 122.95, 2743.51 to	8871
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	8872
of the Revised Code or under any other provision of the Revised	8873
Code and does not affect any right under those sections.	8874

(3) A law enforcement agency, a prosecuting attorney or	8875
assistant prosecuting attorney, or a city director of law,	8876
assistant city director of law, village solicitor, assistant	8877
village solicitor, or similar chief legal officer of a municipal	8878
corporation that distributes a copy of the pamphlet prepared	8879
pursuant to division (A) of this section shall not be required to	8880
distribute a copy of an information card or other printed material	8881
provided by the clerk of the court of claims pursuant to section	8882
2743.71 of the Revised Code.	8883

(C) The cost of printing and distributing the pamphlet	8884
prepared pursuant to division (A) of this section shall be paid	8885
out of the reparations fund, created pursuant to section 2743.191	8886
of the Revised Code, in accordance with division (D) of that	8887
section.	8888

(D) As used in this section:

8889

(1) "Victim's representative" has the same meaning as in	8890
section 2930.01 of the Revised Code;	8891

(2) "Victim advocate" has the same meaning as in section	8892
2919.26 of the Revised Code.	8893

Sec. 2152.02.  As used in this chapter:

8894

(A) "Act charged" means the act that is identified in a	8895
complaint, indictment, or information alleging that a child is a	8896
delinquent child.	8897

(B) "Admitted to a department of youth services facility"	8898
includes admission to a facility operated, or contracted for, by	8899
the department and admission to a comparable facility outside this	8900
state by another state or the United States.	8901

(C)(1) "Child" means a person who is under eighteen years of	8902
age, except as otherwise provided in divisions (C)(2) to (6) of	8903
this section.	8904

(2) Subject to division (C)(3) of this section, any person	8905
who violates a federal or state law or a municipal ordinance prior	8906
to attaining eighteen years of age shall be deemed a "child"	8907
irrespective of that person's age at the time the complaint with	8908
respect to that violation is filed or the hearing on the complaint	8909
is held.	8910

(3) Any person who, while under eighteen years of age,	8911
commits an act that would be a felony if committed by an adult and	8912
who is not taken into custody or apprehended for that act until	8913
after the person attains twenty-one years of age is not a child in	8914
relation to that act.	8915

(4) Any person whose case is transferred for criminal	8916
prosecution pursuant to section 2152.12 of the Revised Code shall	8917
be deemed after the transfer not to be a child in the transferred	8918
case.	8919

(5) Any person whose case is transferred for criminal	8920
prosecution pursuant to section 2152.12 of the Revised Code and	8921
who subsequently is convicted of or pleads guilty to a felony in	8922
that case, and any person who is adjudicated a delinquent child	8923
for the commission of an act, who has a serious youthful offender	8924
dispositional sentence imposed for the act pursuant to section	8925
2152.13 of the Revised Code, and whose adult portion of the	8926
dispositional sentence is invoked pursuant to section 2152.14 of	8927
the Revised Code, shall be deemed after the transfer or invocation	8928
not to be a child in any case in which a complaint is filed	8929
against the person.	8930

(6) The juvenile court has jurisdiction over a person who is	8931
adjudicated a delinquent child or juvenile traffic offender prior	8932
to attaining eighteen years of age until the person attains	8933
twenty-one years of age, and, for purposes of that jurisdiction	8934
related to that adjudication, except as otherwise provided in this	8935
division, a person who is so adjudicated a delinquent child or	8936
juvenile traffic offender shall be deemed a "child" until the	8937
person attains twenty-one years of age. If a person is so	8938
adjudicated a delinquent child or juvenile traffic offender and	8939
the court makes a disposition of the person under this chapter, at	8940
any time after the person attains eighteen years of age, the	8941
places at which the person may be held under that disposition are	8942
not limited to places authorized under this chapter solely for	8943
confinement of children, and the person may be confined under that	8944
disposition, in accordance with division (F)(2) of section 2152.26	8945
of the Revised Code, in places other than those authorized under	8946
this chapter solely for confinement of children.	8947

(D) "Chronic truant" means any child of compulsory school age	8948
who is absent without legitimate excuse for absence from the	8949
public school the child is supposed to attend for seven or more	8950
consecutive school days, ten or more school days in one school	8951
month, or fifteen or more school days in a school year.	8952

(E) "Community corrections facility," "public safety beds,"	8953
"release authority," and "supervised release" have the same	8954
meanings as in section 5139.01 of the Revised Code.	8955

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

8956

(1) Any child, except a juvenile traffic offender, who	8957
violates any law of this state or the United States, or any	8958
ordinance of a political subdivision of the state, that would be	8959
an offense if committed by an adult;	8960

(2) Any child who violates any lawful order of the court made	8961
under this chapter or under Chapter 2151. of the Revised Code	8962
other than an order issued under section 2151.87 of the Revised	8963
Code;	8964

(3) Any child who violates division (A) of section 2923.211	8965
of the Revised Code;	8966

(4) Any child who is a habitual truant and who previously has	8967
been adjudicated an unruly child for being a habitual truant;	8968

(5) Any child who is a chronic truant.

8969

(G) "Discretionary serious youthful offender" means a person	8970
who is eligible for a discretionary SYO and who is not transferred	8971
to adult court under a mandatory or discretionary transfer.	8972

(H) "Discretionary SYO" means a case in which the juvenile	8973
court, in the juvenile court's discretion, may impose a serious	8974
youthful offender disposition under section 2152.13 of the Revised	8975
Code.	8976

(I) "Discretionary transfer" means that the juvenile court	8977
has discretion to transfer a case for criminal prosecution under	8978
division (B) of section 2152.12 of the Revised Code.	8979

(J) "Drug abuse offense," "felony drug abuse offense," and	8980
"minor drug possession offense" have the same meanings as in	8981
section 2925.01 of the Revised Code.	8982

(K) "Electronic monitoring" and "electronic monitoring	8983
device" have the same meanings as in section 2929.01 of the	8984
Revised Code.	8985

(L) "Economic loss" means any economic detriment suffered by	8986
a victim of a delinquent act as a result of the delinquent act and	8987
includes any loss of income due to lost time at work because of	8988
any injury caused to the victim and any property loss, medical	8989
cost, or funeral expense incurred as a result of the delinquent	8990
act.	8991

(M) "Firearm" has the same meaning as in section 2923.11 of	8992
the Revised Code.	8993

(N) "Juvenile traffic offender" means any child who violates	8994
any traffic law, traffic ordinance, or traffic regulation of this	8995
state, the United States, or any political subdivision of this	8996
state, other than a resolution, ordinance, or regulation of a	8997
political subdivision of this state the violation of which is	8998
required to be handled by a parking violations bureau or a joint	8999
parking violations bureau pursuant to Chapter 4521. of the Revised	9000
Code.	9001

(O) A "legitimate excuse for absence from the public school	9002
the child is supposed to attend" has the same meaning as in	9003
section 2151.011 of the Revised Code.	9004

(P) "Mandatory serious youthful offender" means a person who	9005
is eligible for a mandatory SYO and who is not transferred to	9006
adult court under a mandatory or discretionary transfer.	9007

(Q) "Mandatory SYO" means a case in which the juvenile court	9008
is required to impose a mandatory serious youthful offender	9009
disposition under section 2152.13 of the Revised Code.	9010

(R) "Mandatory transfer" means that a case is required to be	9011
transferred for criminal prosecution under division (A) of section	9012
2152.12 of the Revised Code.	9013

(S) "Mental illness" has the same meaning as in section	9014
5122.01 of the Revised Code.	9015

(T) "Mentally retarded person" has the same meaning as in	9016
section 5123.01 of the Revised Code.	9017

(U) "Monitored time" and "repeat violent offender" have the	9018
same meanings as in section 2929.01 of the Revised Code.	9019

(V) "Of compulsory school age" has the same meaning as in	9020
section 3321.01 of the Revised Code.	9021

(W) "Public record" has the same meaning as in section 149.43	9022
of the Revised Code.	9023

(X) "Serious youthful offender" means a person who is	9024
eligible for a mandatory SYO or discretionary SYO but who is not	9025
transferred to adult court under a mandatory or discretionary	9026
transfer.	9027

(Y) "Sexually oriented offense," "habitual sex offender,"	9028
"juvenile sex offender registrant," and "sexual predator,"	9029
"presumptive registration-exempt sexually oriented offense,"	9030
"registration-exempt sexually oriented offense," "child-victim	9031
oriented offense," "habitual child-victim offender," and	9032
"child-victim predator" have the same meanings as in section	9033
2950.01 of the Revised Code.	9034

(Z) "Traditional juvenile" means a case that is not	9035
transferred to adult court under a mandatory or discretionary	9036
transfer, that is eligible for a disposition under sections	9037
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	9038
that is not eligible for a disposition under section 2152.13 of	9039
the Revised Code.	9040

(AA) "Transfer" means the transfer for criminal prosecution	9041
of a case involving the alleged commission by a child of an act	9042
that would be an offense if committed by an adult from the	9043
juvenile court to the appropriate court that has jurisdiction of	9044
the offense.	9045

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

9046

(1) A violation of section 2903.01 or 2903.02 of the Revised	9047
Code;	9048

(2) A violation of section 2923.02 of the Revised Code	9049
involving an attempt to commit aggravated murder or murder.	9050

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

9051

(1) A violation of section 2903.03, 2905.01, 2907.02,	9052
2909.02, 2911.01, or 2911.11 of the Revised Code;	9053

(2) A violation of section 2903.04 of the Revised Code that	9054
is a felony of the first degree;	9055

(3) A violation of section 2907.12 of the Revised Code as it	9056
existed prior to September 3, 1996.	9057

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	9058
child, the court may make any of the following orders of	9059
disposition, in addition to any other disposition authorized or	9060
required by this chapter:	9061

(1) Any order that is authorized by section 2151.353 of the	9062
Revised Code for the care and protection of an abused, neglected,	9063
or dependent child;	9064

(2) Commit the child to the temporary custody of any school,	9065
camp, institution, or other facility operated for the care of	9066
delinquent children by the county, by a district organized under	9067
section 2152.41 or 2151.65 of the Revised Code, or by a private	9068
agency or organization, within or without the state, that is	9069
authorized and qualified to provide the care, treatment, or	9070
placement required, including, but not limited to, a school, camp,	9071
or facility operated under section 2151.65 of the Revised Code;	9072

(3) Place the child in a detention facility or district	9073
detention facility operated under section 2152.41 of the Revised	9074
Code, for up to ninety days;	9075

(4) Place the child on community control under any sanctions,	9076
services, and conditions that the court prescribes. As a condition	9077
of community control in every case and in addition to any other	9078
condition that it imposes upon the child, the court shall require	9079
the child to abide by the law during the period of community	9080
control. As referred to in this division, community control	9081
includes, but is not limited to, the following sanctions and	9082
conditions:	9083

(a) A period of basic probation supervision in which the	9084
child is required to maintain contact with a person appointed to	9085
supervise the child in accordance with sanctions imposed by the	9086
court;	9087

(b) A period of intensive probation supervision in which the	9088
child is required to maintain frequent contact with a person	9089
appointed by the court to supervise the child while the child is	9090
seeking or maintaining employment and participating in training,	9091
education, and treatment programs as the order of disposition;	9092

(c) A period of day reporting in which the child is required	9093
each day to report to and leave a center or another approved	9094
reporting location at specified times in order to participate in	9095
work, education or training, treatment, and other approved	9096
programs at the center or outside the center;	9097

(d) A period of community service of up to five hundred hours	9098
for an act that would be a felony or a misdemeanor of the first	9099
degree if committed by an adult, up to two hundred hours for an	9100
act that would be a misdemeanor of the second, third, or fourth	9101
degree if committed by an adult, or up to thirty hours for an act	9102
that would be a minor misdemeanor if committed by an adult;	9103

(e) A requirement that the child obtain a high school	9104
diploma, a certificate of high school equivalence, vocational	9105
training, or employment;	9106

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

9107

(g) A requirement of alcohol or drug assessment or	9108
counseling, or a period in an alcohol or drug treatment program	9109
with a level of security for the child as determined necessary by	9110
the court;	9111

(h) A period in which the court orders the child to observe a	9112
curfew that may involve daytime or evening hours;	9113

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

9114

(j) A period of house arrest without electronic monitoring;

9115

(k) A period of electronic monitoring without house arrest or	9116
house arrest with electronic monitoring that does not exceed the	9117
maximum sentence of imprisonment that could be imposed upon an	9118
adult who commits the same act.	9119

A period of house arrest with electronic monitoring imposed	9120
under this division shall not extend beyond the child's	9121
twenty-first birthday. If a court imposes a period of house arrest	9122
with electronic monitoring upon a child under this division, it	9123
shall require the child: to remain in the child's home or other	9124
specified premises for the entire period of house arrest with	9125
electronic monitoring except when the court permits the child to	9126
leave those premises to go to school or to other specified	9127
premises; to be monitored by a central system that can determine	9128
the child's location at designated times; to report periodically	9129
to a person designated by the court; and to enter into a written	9130
contract with the court agreeing to comply with all requirements	9131
imposed by the court, agreeing to pay any fee imposed by the court	9132
for the costs of the house arrest with electronic monitoring, and	9133
agreeing to waive the right to receive credit for any time served	9134
on house arrest with electronic monitoring toward the period of	9135
any other dispositional order imposed upon the child if the child	9136
violates any of the requirements of the dispositional order of	9137
house arrest with electronic monitoring. The court also may impose	9138
other reasonable requirements upon the child.	9139

Unless ordered by the court, a child shall not receive credit	9140
for any time served on house arrest with electronic monitoring	9141
toward any other dispositional order imposed upon the child for	9142
the act for which was imposed the dispositional order of house	9143
arrest with electronic monitoring.	9144

(l) A suspension of the driver's license, probationary	9145
driver's license, or temporary instruction permit issued to the	9146
child for a period of time prescribed by the court, or a	9147
suspension of the registration of all motor vehicles registered in	9148
the name of the child for a period of time prescribed by the	9149
court. A child whose license or permit is so suspended is	9150
ineligible for issuance of a license or permit during the period	9151
of suspension. At the end of the period of suspension, the child	9152
shall not be reissued a license or permit until the child has paid	9153
any applicable reinstatement fee and complied with all	9154
requirements governing license reinstatement.	9155

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

9156

(6) Require the child to not be absent without legitimate	9157
excuse from the public school the child is supposed to attend for	9158
five or more consecutive days, seven or more school days in one	9159
school month, or twelve or more school days in a school year;	9160

(7)(a) If a child is adjudicated a delinquent child for being	9161
a chronic truant or an habitual truant who previously has been	9162
adjudicated an unruly child for being a habitual truant, do either	9163
or both of the following:	9164

(i) Require the child to participate in a truancy prevention	9165
mediation program;	9166

(ii) Make any order of disposition as authorized by this	9167
section, except that the court shall not commit the child to a	9168
facility described in division (A)(2) or (3) of this section	9169
unless the court determines that the child violated a lawful court	9170
order made pursuant to division (C)(1)(e) of section 2151.354 of	9171
the Revised Code or division (A)(6) of this section.	9172

(b) If a child is adjudicated a delinquent child for being a	9173
chronic truant or a habitual truant who previously has been	9174
adjudicated an unruly child for being a habitual truant and the	9175
court determines that the parent, guardian, or other person having	9176
care of the child has failed to cause the child's attendance at	9177
school in violation of section 3321.38 of the Revised Code, do	9178
either or both of the following:	9179

(i) Require the parent, guardian, or other person having care	9180
of the child to participate in a truancy prevention mediation	9181
program;	9182

(ii) Require the parent, guardian, or other person having	9183
care of the child to participate in any community service program,	9184
preferably a community service program that requires the	9185
involvement of the parent, guardian, or other person having care	9186
of the child in the school attended by the child.	9187

(8) Make any further disposition that the court finds proper,	9188
except that the child shall not be placed in any of the following:	9189

(a) A state correctional institution, a county, multicounty,	9190
or municipal jail or workhouse, or another place in which an adult	9191
convicted of a crime, under arrest, or charged with a crime is	9192
held;	9193

(b) A community corrections facility, if the child would be	9194
covered by the definition of public safety beds for purposes of	9195
sections 5139.41 to 5139.45 of the Revised Code if the court	9196
exercised its authority to commit the child to the legal custody	9197
of the department of youth services for institutionalization or	9198
institutionalization in a secure facility pursuant to this	9199
chapter.	9200

(B) If a child is adjudicated a delinquent child, in addition	9201
to any order of disposition made under division (A) of this	9202
section, the court, in the following situations and for the	9203
specified periods of time, shall suspend the child's temporary	9204
instruction permit, restricted license, probationary driver's	9205
license, or nonresident operating privilege, or suspend the	9206
child's ability to obtain such a permit:	9207

(1) If the child is adjudicated a delinquent child for	9208
violating section 2923.122 of the Revised Code, impose a class	9209
four suspension of the child's license, permit, or privilege from	9210
the range specified in division (A)(4) of section 4510.02 of the	9211
Revised Code or deny the child the issuance of a license or permit	9212
in accordance with division (F)(1) of section 2923.122 of the	9213
Revised Code.	9214

(2) If the child is adjudicated a delinquent child for	9215
committing an act that if committed by an adult would be a drug	9216
abuse offense or for violating division (B) of section 2917.11 of	9217
the Revised Code, suspend the child's license, permit, or	9218
privilege for a period of time prescribed by the court. The court,	9219
in its discretion, may terminate the suspension if the child	9220
attends and satisfactorily completes a drug abuse or alcohol abuse	9221
education, intervention, or treatment program specified by the	9222
court. During the time the child is attending a program described	9223
in this division, the court shall retain the child's temporary	9224
instruction permit, probationary driver's license, or driver's	9225
license, and the court shall return the permit or license if it	9226
terminates the suspension as described in this division.	9227

(C) The court may establish a victim-offender mediation	9228
program in which victims and their offenders meet to discuss the	9229
offense and suggest possible restitution. If the court obtains the	9230
assent of the victim of the delinquent act committed by the child,	9231
the court may require the child to participate in the program.	9232

(D)(1) If a child is adjudicated a delinquent child for	9233
committing an act that would be a felony if committed by an adult	9234
and if the child caused, attempted to cause, threatened to cause,	9235
or created a risk of physical harm to the victim of the act, the	9236
court, prior to issuing an order of disposition under this	9237
section, shall order the preparation of a victim impact statement	9238
by the probation department of the county in which the victim of	9239
the act resides, by the court's own probation department, or by a	9240
victim assistance program that is operated by the state, a county,	9241
a municipal corporation, or another governmental entity. The court	9242
shall consider the victim impact statement in determining the	9243
order of disposition to issue for the child.	9244

(2) Each victim impact statement shall identify the victim of	9245
the act for which the child was adjudicated a delinquent child,	9246
itemize any economic loss suffered by the victim as a result of	9247
the act, identify any physical injury suffered by the victim as a	9248
result of the act and the seriousness and permanence of the	9249
injury, identify any change in the victim's personal welfare or	9250
familial relationships as a result of the act and any	9251
psychological impact experienced by the victim or the victim's	9252
family as a result of the act, and contain any other information	9253
related to the impact of the act upon the victim that the court	9254
requires.	9255

(3) A victim impact statement shall be kept confidential and	9256
is not a public record. However, the court may furnish copies of	9257
the statement to the department of youth services if the	9258
delinquent child is committed to the department or to both the	9259
adjudicated delinquent child or the adjudicated delinquent child's	9260
counsel and the prosecuting attorney. The copy of a victim impact	9261
statement furnished by the court to the department pursuant to	9262
this section shall be kept confidential and is not a public	9263
record. If an officer is preparing pursuant to section 2947.06 or	9264
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	9265
investigation report pertaining to a person, the court shall make	9266
available to the officer, for use in preparing the report, a copy	9267
of any victim impact statement regarding that person. The copies	9268
of a victim impact statement that are made available to the	9269
adjudicated delinquent child or the adjudicated delinquent child's	9270
counsel and the prosecuting attorney pursuant to this division	9271
shall be returned to the court by the person to whom they were	9272
made available immediately following the imposition of an order of	9273
disposition for the child under this chapter.	9274

The copy of a victim impact statement that is made available	9275
pursuant to this division to an officer preparing a criminal	9276
presentence investigation report shall be returned to the court by	9277
the officer immediately following its use in preparing the report.	9278

(4) The department of youth services shall work with local	9279
probation departments and victim assistance programs to develop a	9280
standard victim impact statement.	9281

(E) If a child is adjudicated a delinquent child for being a	9282
chronic truant or an habitual truant who previously has been	9283
adjudicated an unruly child for being an habitual truant and the	9284
court determines that the parent, guardian, or other person having	9285
care of the child has failed to cause the child's attendance at	9286
school in violation of section 3321.38 of the Revised Code, in	9287
addition to any order of disposition it makes under this section,	9288
the court shall warn the parent, guardian, or other person having	9289
care of the child that any subsequent adjudication of the child as	9290
an unruly or delinquent child for being an habitual or chronic	9291
truant may result in a criminal charge against the parent,	9292
guardian, or other person having care of the child for a violation	9293
of division (C) of section 2919.21 or section 2919.24 of the	9294
Revised Code.	9295

(F)(1) During the period of a delinquent child's community	9296
control granted under this section, authorized probation officers	9297
who are engaged within the scope of their supervisory duties or	9298
responsibilities may search, with or without a warrant, the person	9299
of the delinquent child, the place of residence of the delinquent	9300
child, and a motor vehicle, another item of tangible or intangible	9301
personal property, or other real property in which the delinquent	9302
child has a right, title, or interest or for which the delinquent	9303
child has the express or implied permission of a person with a	9304
right, title, or interest to use, occupy, or possess if the	9305
probation officers have reasonable grounds to believe that the	9306
delinquent child is not abiding by the law or otherwise is not	9307
complying with the conditions of the delinquent child's community	9308
control. The court that places a delinquent child on community	9309
control under this section shall provide the delinquent child with	9310
a written notice that informs the delinquent child that authorized	9311
probation officers who are engaged within the scope of their	9312
supervisory duties or responsibilities may conduct those types of	9313
searches during the period of community control if they have	9314
reasonable grounds to believe that the delinquent child is not	9315
abiding by the law or otherwise is not complying with the	9316
conditions of the delinquent child's community control. The court	9317
also shall provide the written notice described in division (E)(2)	9318
of this section to each parent, guardian, or custodian of the	9319
delinquent child who is described in that division.	9320

(2) The court that places a child on community control under	9321
this section shall provide the child's parent, guardian, or other	9322
custodian with a written notice that informs them that authorized	9323
probation officers may conduct searches pursuant to division	9324
(E)(1) of this section. The notice shall specifically state that a	9325
permissible search might extend to a motor vehicle, another item	9326
of tangible or intangible personal property, or a place of	9327
residence or other real property in which a notified parent,	9328
guardian, or custodian has a right, title, or interest and that	9329
the parent, guardian, or custodian expressly or impliedly permits	9330
the child to use, occupy, or possess.	9331

(G) If a juvenile court commits a delinquent child to the	9332
custody of any person, organization, or entity pursuant to this	9333
section and if the delinquent act for which the child is so	9334
committed is a sexually oriented offense that is not a	9335
registration-exempt sexually oriented offense or is a child-victim	9336
oriented offense, the court in the order of disposition shall do	9337
one of the following:	9338

(1) Require that the child be provided treatment as described	9339
in division (A)(2) of section 5139.13 of the Revised Code;	9340

(2) Inform the person, organization, or entity that it is the	9341
preferred course of action in this state that the child be	9342
provided treatment as described in division (A)(2) of section	9343
5139.13 of the Revised Code and encourage the person,	9344
organization, or entity to provide that treatment.	9345

Sec. 2743.191.  (A)(1) There is hereby created in the state	9346
treasury the reparations fund, which shall be used only for the	9347
following purposes:	9348

(a) The payment of awards of reparations that are granted by	9349
the attorney general;	9350

(b) The compensation of any personnel needed by the attorney	9351
general to administer sections 2743.51 to 2743.72 of the Revised	9352
Code;	9353

(c) The compensation of witnesses as provided in division (B)	9354
of section 2743.65 of the Revised Code;	9355

(d) Other administrative costs of hearing and determining	9356
claims for an award of reparations by the attorney general;	9357

(e) The costs of administering sections 2907.28 and 2969.01	9358
to 2969.06 of the Revised Code;	9359

(f) The costs of investigation and decision-making as	9360
certified by the attorney general;	9361

(g) The provision of state financial assistance to victim	9362
assistance programs in accordance with sections 109.91 and 109.92	9363
of the Revised Code;	9364

(h) The costs of paying the expenses of sex offense-related	9365
examinations and antibiotics pursuant to section 2907.28 of the	9366
Revised Code;	9367

(i) The cost of printing and distributing the pamphlet	9368
prepared by the attorney general pursuant to section 109.42 of the	9369
Revised Code;	9370

(j) Subject to division (D) of section 2743.71 of the Revised	9371
Code, the costs associated with the printing and providing of	9372
information cards or other printed materials to law enforcement	9373
agencies and prosecuting authorities and with publicizing the	9374
availability of awards of reparations pursuant to section 2743.71	9375
of the Revised Code;	9376

(k) The payment of costs of administering a DNA specimen	9377
collection procedure pursuant to section 2152.74 of the Revised	9378
Code in relation to any act identified in division (E)(1) to (5)	9379
of that section and pursuant to section 2901.07 of the Revised	9380
Code in relation to any act identified in division (E)(1) to (5)	9381
of that section, of performing DNA analysis of those DNA	9382
specimens, and of entering the resulting DNA records regarding	9383
those analyses into the DNA database pursuant to section 109.573	9384
of the Revised Code;	9385

(l) The payment of actual costs associated with initiatives	9386
by the attorney general for the apprehension, prosecution, and	9387
accountability of offenders, and the enhancing of services to	9388
crime victims. The amount of payments made pursuant to division	9389
(A)(1)(l) of this section during any given fiscal year shall not	9390
exceed five per cent of the balance of the reparations fund at the	9391
close of the immediately previous fiscal year.	9392

(2) All costs paid pursuant to section 2743.70 of the Revised	9393
Code, the portions of license reinstatement fees mandated by	9394
division (F)(2)(b) of section 4511.191 of the Revised Code to be	9395
credited to the fund, the portions of the proceeds of the sale of	9396
a forfeited vehicle specified in division (C)(2) of section	9397
4503.234 of the Revised Code, payments collected by the department	9398
of rehabilitation and correction from prisoners who voluntarily	9399
participate in an approved work and training program pursuant to	9400
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	9401
all moneys collected by the state pursuant to its right of	9402
subrogation provided in section 2743.72 of the Revised Code shall	9403
be deposited in the fund.	9404

(B) In making an award of reparations, the attorney general	9405
shall render the award against the state. The award shall be	9406
accomplished only through the following procedure, and the	9407
following procedure may be enforced by writ of mandamus directed	9408
to the appropriate official:	9409

(1) The attorney general shall provide for payment of the	9410
claimant or providers in the amount of the award.	9411

(2) The expense shall be charged against all available	9412
unencumbered moneys in the fund.	9413

(3) If sufficient unencumbered moneys do not exist in the	9414
fund, the attorney general shall make application for payment of	9415
the award out of the emergency purposes account or any other	9416
appropriation for emergencies or contingencies, and payment out of	9417
this account or other appropriation shall be authorized if there	9418
are sufficient moneys greater than the sum total of then pending	9419
emergency purposes account requests or requests for releases from	9420
the other appropriations.	9421

(4) If sufficient moneys do not exist in the account or any	9422
other appropriation for emergencies or contingencies to pay the	9423
award, the attorney general shall request the general assembly to	9424
make an appropriation sufficient to pay the award, and no payment	9425
shall be made until the appropriation has been made. The attorney	9426
general shall make this appropriation request during the current	9427
biennium and during each succeeding biennium until a sufficient	9428
appropriation is made. If, prior to the time that an appropriation	9429
is made by the general assembly pursuant to this division, the	9430
fund has sufficient unencumbered funds to pay the award or part of	9431
the award, the available funds shall be used to pay the award or	9432
part of the award, and the appropriation request shall be amended	9433
to request only sufficient funds to pay that part of the award	9434
that is unpaid.	9435

(C) The attorney general shall not make payment on a decision	9436
or order granting an award until all appeals have been determined	9437
and all rights to appeal exhausted, except as otherwise provided	9438
in this section. If any party to a claim for an award of	9439
reparations appeals from only a portion of an award, and a	9440
remaining portion provides for the payment of money by the state,	9441
that part of the award calling for the payment of money by the	9442
state and not a subject of the appeal shall be processed for	9443
payment as described in this section.	9444

(D) The attorney general shall prepare itemized bills for the	9445
costs of printing and distributing the pamphlet the attorney	9446
general prepares pursuant to section 109.42 of the Revised Code.	9447
The itemized bills shall set forth the name and address of the	9448
persons owed the amounts set forth in them.	9449

(E) As used in this section, "DNA analysis" and "DNA	9450
specimen" have the same meanings as in section 109.573 of the	9451
Revised Code.	9452

Sec. 2929.01.  As used in this chapter:

9453

(A)(1) "Alternative residential facility" means, subject to	9454
division (A)(2) of this section, any facility other than an	9455
offender's home or residence in which an offender is assigned to	9456
live and that satisfies all of the following criteria:	9457

(a) It provides programs through which the offender may seek	9458
or maintain employment or may receive education, training,	9459
treatment, or habilitation.	9460

(b) It has received the appropriate license or certificate	9461
for any specialized education, training, treatment, habilitation,	9462
or other service that it provides from the government agency that	9463
is responsible for licensing or certifying that type of education,	9464
training, treatment, habilitation, or service.	9465

(2) "Alternative residential facility" does not include a	9466
community-based correctional facility, jail, halfway house, or	9467
prison.	9468

(B) "Bad time" means the time by which the parole board	9469
administratively extends an offender's stated prison term or terms	9470
pursuant to section 2967.11 of the Revised Code because the parole	9471
board finds by clear and convincing evidence that the offender,	9472
while serving the prison term or terms, committed an act that is a	9473
criminal offense under the law of this state or the United States,	9474
whether or not the offender is prosecuted for the commission of	9475
that act.	9476

(C) "Basic probation supervision" means a requirement that	9477
the offender maintain contact with a person appointed to supervise	9478
the offender in accordance with sanctions imposed by the court or	9479
imposed by the parole board pursuant to section 2967.28 of the	9480
Revised Code. "Basic probation supervision" includes basic parole	9481
supervision and basic post-release control supervision.	9482

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	9483
"unit dose" have the same meanings as in section 2925.01 of the	9484
Revised Code.	9485

(E) "Community-based correctional facility" means a	9486
community-based correctional facility and program or district	9487
community-based correctional facility and program developed	9488
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	9489

(F) "Community control sanction" means a sanction that is not	9490
a prison term and that is described in section 2929.15, 2929.16,	9491
2929.17, or 2929.18 of the Revised Code or a sanction that is not	9492
a jail term and that is described in section 2929.26, 2929.27, or	9493
2929.28 of the Revised Code. "Community control sanction" includes	9494
probation if the sentence involved was imposed for a felony that	9495
was committed prior to July 1, 1996, or if the sentence involved	9496
was imposed for a misdemeanor that was committed prior to January	9497
1, 2004.	9498

(G) "Controlled substance," "marihuana," "schedule I," and	9499
"schedule II" have the same meanings as in section 3719.01 of the	9500
Revised Code.	9501

(H) "Curfew" means a requirement that an offender during a	9502
specified period of time be at a designated place.	9503

(I) "Day reporting" means a sanction pursuant to which an	9504
offender is required each day to report to and leave a center or	9505
other approved reporting location at specified times in order to	9506
participate in work, education or training, treatment, and other	9507
approved programs at the center or outside the center.	9508

(J) "Deadly weapon" has the same meaning as in section	9509
2923.11 of the Revised Code.	9510

(K) "Drug and alcohol use monitoring" means a program under	9511
which an offender agrees to submit to random chemical analysis of	9512
the offender's blood, breath, or urine to determine whether the	9513
offender has ingested any alcohol or other drugs.	9514

(L) "Drug treatment program" means any program under which a	9515
person undergoes assessment and treatment designed to reduce or	9516
completely eliminate the person's physical or emotional reliance	9517
upon alcohol, another drug, or alcohol and another drug and under	9518
which the person may be required to receive assessment and	9519
treatment on an outpatient basis or may be required to reside at a	9520
facility other than the person's home or residence while	9521
undergoing assessment and treatment.	9522

(M) "Economic loss" means any economic detriment suffered by	9523
a victim as a result of the commission of a felony and includes	9524
any loss of income due to lost time at work because of any injury	9525
caused to the victim, and any property loss, medical cost, or	9526
funeral expense incurred as a result of the commission of the	9527
felony.	9528

(N) "Education or training" includes study at, or in	9529
conjunction with a program offered by, a university, college, or	9530
technical college or vocational study and also includes the	9531
completion of primary school, secondary school, and literacy	9532
curricula or their equivalent.	9533

(O) "Firearm" has the same meaning as in section 2923.11 of	9534
the Revised Code.	9535

(P) "Halfway house" means a facility licensed by the division	9536
of parole and community services of the department of	9537
rehabilitation and correction pursuant to section 2967.14 of the	9538
Revised Code as a suitable facility for the care and treatment of	9539
adult offenders.	9540

(Q) "House arrest" means a period of confinement of an	9541
offender that is in the offender's home or in other premises	9542
specified by the sentencing court or by the parole board pursuant	9543
to section 2967.28 of the Revised Code and during which all of the	9544
following apply:	9545

(1) The offender is required to remain in the offender's home	9546
or other specified premises for the specified period of	9547
confinement, except for periods of time during which the offender	9548
is at the offender's place of employment or at other premises as	9549
authorized by the sentencing court or by the parole board.	9550

(2) The offender is required to report periodically to a	9551
person designated by the court or parole board.	9552

(3) The offender is subject to any other restrictions and	9553
requirements that may be imposed by the sentencing court or by the	9554
parole board.	9555

(R) "Intensive probation supervision" means a requirement	9556
that an offender maintain frequent contact with a person appointed	9557
by the court, or by the parole board pursuant to section 2967.28	9558
of the Revised Code, to supervise the offender while the offender	9559
is seeking or maintaining necessary employment and participating	9560
in training, education, and treatment programs as required in the	9561
court's or parole board's order. "Intensive probation supervision"	9562
includes intensive parole supervision and intensive post-release	9563
control supervision.	9564

(S) "Jail" means a jail, workhouse, minimum security jail, or	9565
other residential facility used for the confinement of alleged or	9566
convicted offenders that is operated by a political subdivision or	9567
a combination of political subdivisions of this state.	9568

(T) "Jail term" means the term in a jail that a sentencing	9569
court imposes or is authorized to impose pursuant to section	9570
2929.24 or 2929.25 of the Revised Code or pursuant to any other	9571
provision of the Revised Code that authorizes a term in a jail for	9572
a misdemeanor conviction.	9573

(U) "Mandatory jail term" means the term in a jail that a	9574
sentencing court is required to impose pursuant to division (G) of	9575
section 1547.99 of the Revised Code, division (B) of section	9576
4510.14 of the Revised Code, or division (G) of section 4511.19 of	9577
the Revised Code or pursuant to any other provision of the Revised	9578
Code that requires a term in a jail for a misdemeanor conviction.	9579

(V) "Delinquent child" has the same meaning as in section	9580
2152.02 of the Revised Code.	9581

(W) "License violation report" means a report that is made by	9582
a sentencing court, or by the parole board pursuant to section	9583
2967.28 of the Revised Code, to the regulatory or licensing board	9584
or agency that issued an offender a professional license or a	9585
license or permit to do business in this state and that specifies	9586
that the offender has been convicted of or pleaded guilty to an	9587
offense that may violate the conditions under which the offender's	9588
professional license or license or permit to do business in this	9589
state was granted or an offense for which the offender's	9590
professional license or license or permit to do business in this	9591
state may be revoked or suspended.	9592

(X) "Major drug offender" means an offender who is convicted	9593
of or pleads guilty to the possession of, sale of, or offer to	9594
sell any drug, compound, mixture, preparation, or substance that	9595
consists of or contains at least one thousand grams of hashish; at	9596
least one hundred grams of crack cocaine; at least one thousand	9597
grams of cocaine that is not crack cocaine; at least two thousand	9598
five hundred unit doses or two hundred fifty grams of heroin; at	9599
least five thousand unit doses of L.S.D. or five hundred grams of	9600
L.S.D. in a liquid concentrate, liquid extract, or liquid	9601
distillate form; or at least one hundred times the amount of any	9602
other schedule I or II controlled substance other than marihuana	9603
that is necessary to commit a felony of the third degree pursuant	9604
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	9605
Code that is based on the possession of, sale of, or offer to sell	9606
the controlled substance.	9607

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

9608

(1) Subject to division (Y)(2) of this section, the term in	9609
prison that must be imposed for the offenses or circumstances set	9610
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	9611
division (D) of section 2929.14 of the Revised Code. Except as	9612
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	9613
2925.11 of the Revised Code, unless the maximum or another	9614
specific term is required under section 2929.14 of the Revised	9615
Code, a mandatory prison term described in this division may be	9616
any prison term authorized for the level of offense.	9617

(2) The term of sixty or one hundred twenty days in prison	9618
that a sentencing court is required to impose for a third or	9619
fourth degree felony OVI offense pursuant to division (G)(2) of	9620
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	9621
of the Revised Code.	9622

(3) The term in prison imposed pursuant to section 2971.03 of	9623
the Revised Code for the offenses and in the circumstances	9624
described in division (F)(11) of section 2929.13 of the Revised	9625
Code and that term as modified or terminated pursuant to section	9626
2971.05 of the Revised Code.	9627

(Z) "Monitored time" means a period of time during which an	9628
offender continues to be under the control of the sentencing court	9629
or parole board, subject to no conditions other than leading a	9630
law-abiding life.	9631

(AA) "Offender" means a person who, in this state, is	9632
convicted of or pleads guilty to a felony or a misdemeanor.	9633

(BB) "Prison" means a residential facility used for the	9634
confinement of convicted felony offenders that is under the	9635
control of the department of rehabilitation and correction but	9636
does not include a violation sanction center operated under	9637
authority of section 2967.141 of the Revised Code.	9638

(CC) "Prison term" includes any of the following sanctions	9639
for an offender:	9640

(1) A stated prison term;

9641

(2) A term in a prison shortened by, or with the approval of,	9642
the sentencing court pursuant to section 2929.20, 2967.26,	9643
5120.031, 5120.032, or 5120.073 of the Revised Code;	9644

(3) A term in prison extended by bad time imposed pursuant to	9645
section 2967.11 of the Revised Code or imposed for a violation of	9646
post-release control pursuant to section 2967.28 of the Revised	9647
Code.	9648

(DD) "Repeat violent offender" means a person about whom both	9649
of the following apply:	9650

(1) The person has been convicted of or has pleaded guilty	9651
to, and is being sentenced for committing, for complicity in	9652
committing, or for an attempt to commit, aggravated murder,	9653
murder, involuntary manslaughter, a felony of the first degree	9654
other than one set forth in Chapter 2925. of the Revised Code, a	9655
felony of the first degree set forth in Chapter 2925. of the	9656
Revised Code that involved an attempt to cause serious physical	9657
harm to a person or that resulted in serious physical harm to a	9658
person, or a felony of the second degree that involved an attempt	9659
to cause serious physical harm to a person or that resulted in	9660
serious physical harm to a person.	9661

(2) Either of the following applies:

9662

(a) The person previously was convicted of or pleaded guilty	9663
to, and previously served or, at the time of the offense was	9664
serving, a prison term for, any of the following:	9665

(i) Aggravated murder, murder, involuntary manslaughter,	9666
rape, felonious sexual penetration as it existed under section	9667
2907.12 of the Revised Code prior to September 3, 1996, a felony	9668
of the first or second degree that resulted in the death of a	9669
person or in physical harm to a person, or complicity in or an	9670
attempt to commit any of those offenses;	9671

(ii) An offense under an existing or former law of this	9672
state, another state, or the United States that is or was	9673
substantially equivalent to an offense listed under division	9674
(DD)(2)(a)(i) of this section and that resulted in the death of a	9675
person or in physical harm to a person.	9676

(b) The person previously was adjudicated a delinquent child	9677
for committing an act that if committed by an adult would have	9678
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	9679
section, the person was committed to the department of youth	9680
services for that delinquent act.	9681

(EE) "Sanction" means any penalty imposed upon an offender	9682
who is convicted of or pleads guilty to an offense, as punishment	9683
for the offense. "Sanction" includes any sanction imposed pursuant	9684
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	9685
2929.28 of the Revised Code.	9686

(FF) "Sentence" means the sanction or combination of	9687
sanctions imposed by the sentencing court on an offender who is	9688
convicted of or pleads guilty to an offense.	9689

(GG) "Stated prison term" means the prison term, mandatory	9690
prison term, or combination of all prison terms and mandatory	9691
prison terms imposed by the sentencing court pursuant to section	9692
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	9693
includes any credit received by the offender for time spent in	9694
jail awaiting trial, sentencing, or transfer to prison for the	9695
offense and any time spent under house arrest or house arrest with	9696
electronic monitoring imposed after earning credits pursuant to	9697
section 2967.193 of the Revised Code.	9698

(HH) "Victim-offender mediation" means a reconciliation or	9699
mediation program that involves an offender and the victim of the	9700
offense committed by the offender and that includes a meeting in	9701
which the offender and the victim may discuss the offense, discuss	9702
restitution, and consider other sanctions for the offense.	9703

(II) "Fourth degree felony OVI offense" means a violation of	9704
division (A) of section 4511.19 of the Revised Code that, under	9705
division (G) of that section, is a felony of the fourth degree.	9706

(JJ) "Mandatory term of local incarceration" means the term	9707
of sixty or one hundred twenty days in a jail, a community-based	9708
correctional facility, a halfway house, or an alternative	9709
residential facility that a sentencing court may impose upon a	9710
person who is convicted of or pleads guilty to a fourth degree	9711
felony OVI offense pursuant to division (G)(1) of section 2929.13	9712
of the Revised Code and division (G)(1)(d) or (e) of section	9713
4511.19 of the Revised Code.	9714

(KK) "Designated homicide, assault, or kidnapping offense,"	9715
"sexual motivation specification," "sexually violent offense,"	9716
"sexually violent predator," and "sexually violent predator	9717
specification" have the same meanings as in section 2971.01 of the	9718
Revised Code.	9719

(LL) "Habitual sex offender," "sexually oriented offense,"	9720
and "sexual predator," "registration-exempt sexually oriented	9721
offense," "child-victim oriented offense," "habitual child-victim	9722
offender," and "child-victim predator" have the same meanings as	9723
in section 2950.01 of the Revised Code.	9724

(MM) An offense is "committed in the vicinity of a child" if	9725
the offender commits the offense within thirty feet of or within	9726
the same residential unit as a child who is under eighteen years	9727
of age, regardless of whether the offender knows the age of the	9728
child or whether the offender knows the offense is being committed	9729
within thirty feet of or within the same residential unit as the	9730
child and regardless of whether the child actually views the	9731
commission of the offense.	9732

(NN) "Family or household member" has the same meaning as in	9733
section 2919.25 of the Revised Code.	9734

(OO) "Motor vehicle" and "manufactured home" have the same	9735
meanings as in section 4501.01 of the Revised Code.	9736

(PP) "Detention" and "detention facility" have the same	9737
meanings as in section 2921.01 of the Revised Code.	9738

(QQ) "Third degree felony OVI offense" means a violation of	9739
division (A) of section 4511.19 of the Revised Code that, under	9740
division (G) of that section, is a felony of the third degree.	9741

(RR) "Random drug testing" has the same meaning as in section	9742
5120.63 of the Revised Code.	9743

(SS) "Felony sex offense" has the same meaning as in section	9744
2967.28 of the Revised Code.	9745

(TT) "Body armor" has the same meaning as in section	9746
2941.1411 of the Revised Code.	9747

(UU) "Electronic monitoring" means monitoring through the use	9748
of an electronic monitoring device.	9749

(VV) "Electronic monitoring device" means any of the	9750
following:	9751

(1) Any device that can be operated by electrical or battery	9752
power and that conforms with all of the following:	9753

(a) The device has a transmitter that can be attached to a	9754
person, that will transmit a specified signal to a receiver of the	9755
type described in division (VV)(1)(b) of this section if the	9756
transmitter is removed from the person, turned off, or altered in	9757
any manner without prior court approval in relation to electronic	9758
monitoring or without prior approval of the department of	9759
rehabilitation and correction in relation to the use of an	9760
electronic monitoring device for an inmate on transitional control	9761
or otherwise is tampered with, that can transmit continuously and	9762
periodically a signal to that receiver when the person is within a	9763
specified distance from the receiver, and that can transmit an	9764
appropriate signal to that receiver if the person to whom it is	9765
attached travels a specified distance from that receiver.	9766

(b) The device has a receiver that can receive continuously	9767
the signals transmitted by a transmitter of the type described in	9768
division (VV)(1)(a) of this section, can transmit continuously	9769
those signals by telephone to a central monitoring computer of the	9770
type described in division (VV)(1)(c) of this section, and can	9771
transmit continuously an appropriate signal to that central	9772
monitoring computer if the receiver is turned off or altered	9773
without prior court approval or otherwise tampered with.	9774

(c) The device has a central monitoring computer that can	9775
receive continuously the signals transmitted by telephone by a	9776
receiver of the type described in division (VV)(1)(b) of this	9777
section and can monitor continuously the person to whom an	9778
electronic monitoring device of the type described in division	9779
(VV)(1)(a) of this section is attached.	9780

(2) Any device that is not a device of the type described in	9781
division (VV)(1) of this section and that conforms with all of the	9782
following:	9783

(a) The device includes a transmitter and receiver that can	9784
monitor and determine the location of a subject person at any	9785
time, or at a designated point in time, through the use of a	9786
central monitoring computer or through other electronic means.	9787

(b) The device includes a transmitter and receiver that can	9788
determine at any time, or at a designated point in time, through	9789
the use of a central monitoring computer or other electronic means	9790
the fact that the transmitter is turned off or altered in any	9791
manner without prior approval of the court in relation to the	9792
electronic monitoring or without prior approval of the department	9793
of rehabilitation and correction in relation to the use of an	9794
electronic monitoring device for an inmate on transitional control	9795
or otherwise is tampered with.	9796

(3) Any type of technology that can adequately track or	9797
determine the location of a subject person at any time and that is	9798
approved by the director of rehabilitation and correction,	9799
including, but not limited to, any satellite technology, voice	9800
tracking system, or retinal scanning system that is so approved.	9801

Sec. 2929.13.  (A) Except as provided in division (E), (F),	9802
or (G) of this section and unless a specific sanction is required	9803
to be imposed or is precluded from being imposed pursuant to law,	9804
a court that imposes a sentence upon an offender for a felony may	9805
impose any sanction or combination of sanctions on the offender	9806
that are provided in sections 2929.14 to 2929.18 of the Revised	9807
Code. The sentence shall not impose an unnecessary burden on state	9808
or local government resources.	9809

If the offender is eligible to be sentenced to community	9810
control sanctions, the court shall consider the appropriateness of	9811
imposing a financial sanction pursuant to section 2929.18 of the	9812
Revised Code or a sanction of community service pursuant to	9813
section 2929.17 of the Revised Code as the sole sanction for the	9814
offense. Except as otherwise provided in this division, if the	9815
court is required to impose a mandatory prison term for the	9816
offense for which sentence is being imposed, the court also may	9817
impose a financial sanction pursuant to section 2929.18 of the	9818
Revised Code but may not impose any additional sanction or	9819
combination of sanctions under section 2929.16 or 2929.17 of the	9820
Revised Code.	9821

If the offender is being sentenced for a fourth degree felony	9822
OVI offense or for a third degree felony OVI offense, in addition	9823
to the mandatory term of local incarceration or the mandatory	9824
prison term required for the offense by division (G)(1) or (2) of	9825
this section, the court shall impose upon the offender a mandatory	9826
fine in accordance with division (B)(3) of section 2929.18 of the	9827
Revised Code and may impose whichever of the following is	9828
applicable:	9829

(1) For a fourth degree felony OVI offense for which sentence	9830
is imposed under division (G)(1) of this section, an additional	9831
community control sanction or combination of community control	9832
sanctions under section 2929.16 or 2929.17 of the Revised Code;	9833

(2) For a third or fourth degree felony OVI offense for which	9834
sentence is imposed under division (G)(2) of this section, an	9835
additional prison term as described in division (D)(4) of section	9836
2929.14 of the Revised Code.	9837

(B)(1) Except as provided in division (B)(2), (E), (F), or	9838
(G) of this section, in sentencing an offender for a felony of the	9839
fourth or fifth degree, the sentencing court shall determine	9840
whether any of the following apply:	9841

(a) In committing the offense, the offender caused physical	9842
harm to a person.	9843

(b) In committing the offense, the offender attempted to	9844
cause or made an actual threat of physical harm to a person with a	9845
deadly weapon.	9846

(c) In committing the offense, the offender attempted to	9847
cause or made an actual threat of physical harm to a person, and	9848
the offender previously was convicted of an offense that caused	9849
physical harm to a person.	9850

(d) The offender held a public office or position of trust	9851
and the offense related to that office or position; the offender's	9852
position obliged the offender to prevent the offense or to bring	9853
those committing it to justice; or the offender's professional	9854
reputation or position facilitated the offense or was likely to	9855
influence the future conduct of others.	9856

(e) The offender committed the offense for hire or as part of	9857
an organized criminal activity.	9858

(f) The offense is a sex offense that is a fourth or fifth	9859
degree felony violation of section 2907.03, 2907.04, 2907.05,	9860
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	9861
Revised Code.	9862

(g) The offender at the time of the offense was serving, or	9863
the offender previously had served, a prison term.	9864

(h) The offender committed the offense while under a	9865
community control sanction, while on probation, or while released	9866
from custody on a bond or personal recognizance.	9867

(i) The offender committed the offense while in possession of	9868
a firearm.	9869

(2)(a) If the court makes a finding described in division	9870
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	9871
section and if the court, after considering the factors set forth	9872
in section 2929.12 of the Revised Code, finds that a prison term	9873
is consistent with the purposes and principles of sentencing set	9874
forth in section 2929.11 of the Revised Code and finds that the	9875
offender is not amenable to an available community control	9876
sanction, the court shall impose a prison term upon the offender.	9877

(b) Except as provided in division (E), (F), or (G) of this	9878
section, if the court does not make a finding described in	9879
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	9880
this section and if the court, after considering the factors set	9881
forth in section 2929.12 of the Revised Code, finds that a	9882
community control sanction or combination of community control	9883
sanctions is consistent with the purposes and principles of	9884
sentencing set forth in section 2929.11 of the Revised Code, the	9885
court shall impose a community control sanction or combination of	9886
community control sanctions upon the offender.	9887

(C) Except as provided in division (E), (F), or (G) of this	9888
section, in determining whether to impose a prison term as a	9889
sanction for a felony of the third degree or a felony drug offense	9890
that is a violation of a provision of Chapter 2925. of the Revised	9891
Code and that is specified as being subject to this division for	9892
purposes of sentencing, the sentencing court shall comply with the	9893
purposes and principles of sentencing under section 2929.11 of the	9894
Revised Code and with section 2929.12 of the Revised Code.	9895

(D) Except as provided in division (E) or (F) of this	9896
section, for a felony of the first or second degree and for a	9897
felony drug offense that is a violation of any provision of	9898
Chapter 2925., 3719., or 4729. of the Revised Code for which a	9899
presumption in favor of a prison term is specified as being	9900
applicable, it is presumed that a prison term is necessary in	9901
order to comply with the purposes and principles of sentencing	9902
under section 2929.11 of the Revised Code. Notwithstanding the	9903
presumption established under this division, the sentencing court	9904
may impose a community control sanction or a combination of	9905
community control sanctions instead of a prison term on an	9906
offender for a felony of the first or second degree or for a	9907
felony drug offense that is a violation of any provision of	9908
Chapter 2925., 3719., or 4729. of the Revised Code for which a	9909
presumption in favor of a prison term is specified as being	9910
applicable if it makes both of the following findings:	9911

(1) A community control sanction or a combination of	9912
community control sanctions would adequately punish the offender	9913
and protect the public from future crime, because the applicable	9914
factors under section 2929.12 of the Revised Code indicating a	9915
lesser likelihood of recidivism outweigh the applicable factors	9916
under that section indicating a greater likelihood of recidivism.	9917

(2) A community control sanction or a combination of	9918
community control sanctions would not demean the seriousness of	9919
the offense, because one or more factors under section 2929.12 of	9920
the Revised Code that indicate that the offender's conduct was	9921
less serious than conduct normally constituting the offense are	9922
applicable, and they outweigh the applicable factors under that	9923
section that indicate that the offender's conduct was more serious	9924
than conduct normally constituting the offense.	9925

(E)(1) Except as provided in division (F) of this section,	9926
for any drug offense that is a violation of any provision of	9927
Chapter 2925. of the Revised Code and that is a felony of the	9928
third, fourth, or fifth degree, the applicability of a presumption	9929
under division (D) of this section in favor of a prison term or of	9930
division (B) or (C) of this section in determining whether to	9931
impose a prison term for the offense shall be determined as	9932
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	9933
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	9934
Revised Code, whichever is applicable regarding the violation.	9935

(2) If an offender who was convicted of or pleaded guilty to	9936
a felony violates the conditions of a community control sanction	9937
imposed for the offense solely by reason of producing positive	9938
results on a drug test, the court, as punishment for the violation	9939
of the sanction, shall not order that the offender be imprisoned	9940
unless the court determines on the record either of the following:	9941

(a) The offender had been ordered as a sanction for the	9942
felony to participate in a drug treatment program, in a drug	9943
education program, or in narcotics anonymous or a similar program,	9944
and the offender continued to use illegal drugs after a reasonable	9945
period of participation in the program.	9946

(b) The imprisonment of the offender for the violation is	9947
consistent with the purposes and principles of sentencing set	9948
forth in section 2929.11 of the Revised Code.	9949

(F) Notwithstanding divisions (A) to (E) of this section, the	9950
court shall impose a prison term or terms under sections 2929.02	9951
to 2929.06, section 2929.14, or section 2971.03 of the Revised	9952
Code and except as specifically provided in section 2929.20 or	9953
2967.191 of the Revised Code or when parole is authorized for the	9954
offense under section 2967.13 of the Revised Code shall not reduce	9955
the terms pursuant to section 2929.20, section 2967.193, or any	9956
other provision of Chapter 2967. or Chapter 5120. of the Revised	9957
Code for any of the following offenses:	9958

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

9959

(2) Any rape, regardless of whether force was involved and	9960
regardless of the age of the victim, or an attempt to commit rape	9961
if, had the offender completed the rape that was attempted, the	9962
offender would have been subject to a sentence of life	9963
imprisonment or life imprisonment without parole for the rape;	9964

(3) Gross sexual imposition or sexual battery, if the victim	9965
is under thirteen years of age, if the offender previously was	9966
convicted of or pleaded guilty to rape, the former offense of	9967
felonious sexual penetration, gross sexual imposition, or sexual	9968
battery, and if the victim of the previous offense was under	9969
thirteen years of age;	9970

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	9971
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	9972
requires the imposition of a prison term;	9973

(5) A first, second, or third degree felony drug offense for	9974
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	9975
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	9976
4729.99 of the Revised Code, whichever is applicable regarding the	9977
violation, requires the imposition of a mandatory prison term;	9978

(6) Any offense that is a first or second degree felony and	9979
that is not set forth in division (F)(1), (2), (3), or (4) of this	9980
section, if the offender previously was convicted of or pleaded	9981
guilty to aggravated murder, murder, any first or second degree	9982
felony, or an offense under an existing or former law of this	9983
state, another state, or the United States that is or was	9984
substantially equivalent to one of those offenses;	9985

(7) Any offense that is a third degree felony and that is	9986
listed in division (DD)(1) of section 2929.01 of the Revised Code	9987
if the offender previously was convicted of or pleaded guilty to	9988
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	9989
section 2929.01 of the Revised Code;	9990

(8) Any offense, other than a violation of section 2923.12 of	9991
the Revised Code, that is a felony, if the offender had a firearm	9992
on or about the offender's person or under the offender's control	9993
while committing the felony, with respect to a portion of the	9994
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	9995
of the Revised Code for having the firearm;	9996

(9) Any offense of violence that is a felony, if the offender	9997
wore or carried body armor while committing the felony offense of	9998
violence, with respect to the portion of the sentence imposed	9999
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	10000
Code for wearing or carrying the body armor;	10001

(10) Corrupt activity in violation of section 2923.32 of the	10002
Revised Code when the most serious offense in the pattern of	10003
corrupt activity that is the basis of the offense is a felony of	10004
the first degree;	10005

(11) Any sexually violent offense for which the offender also	10006
is convicted of or pleads guilty to a sexually violent predator	10007
specification that was included in the indictment, count in the	10008
indictment, or information charging the sexually violent offense;	10009

(12) A violation of division (A)(1) or (2) of section 2921.36	10010
of the Revised Code, or a violation of division (C) of that	10011
section involving an item listed in division (A)(1) or (2) of that	10012
section, if the offender is an officer or employee of the	10013
department of rehabilitation and correction.	10014

(G) Notwithstanding divisions (A) to (E) of this section, if	10015
an offender is being sentenced for a fourth degree felony OVI	10016
offense or for a third degree felony OVI offense, the court shall	10017
impose upon the offender a mandatory term of local incarceration	10018
or a mandatory prison term in accordance with the following:	10019

(1) If the offender is being sentenced for a fourth degree	10020
felony OVI offense, the court may impose upon the offender a	10021
mandatory term of local incarceration of sixty days or one hundred	10022
twenty days as specified in division (G)(1)(d) of section 4511.19	10023
of the Revised Code. The court shall not reduce the term pursuant	10024
to section 2929.20, 2967.193, or any other provision of the	10025
Revised Code. The court that imposes a mandatory term of local	10026
incarceration under this division shall specify whether the term	10027
is to be served in a jail, a community-based correctional	10028
facility, a halfway house, or an alternative residential facility,	10029
and the offender shall serve the term in the type of facility	10030
specified by the court. A mandatory term of local incarceration	10031
imposed under division (G)(1) of this section is not subject to	10032
extension under section 2967.11 of the Revised Code, to a period	10033
of post-release control under section 2967.28 of the Revised Code,	10034
or to any other Revised Code provision that pertains to a prison	10035
term.	10036

(2) If the offender is being sentenced for a third degree	10037
felony OVI offense, or if the offender is being sentenced for a	10038
fourth degree felony OVI offense and the court does not impose a	10039
mandatory term of local incarceration under division (G)(1) of	10040
this section, the court shall impose upon the offender a mandatory	10041
prison term of sixty days or one hundred twenty days as specified	10042
in division (G)(1)(e) of section 4511.19 of the Revised Code. The	10043
court shall not reduce the term pursuant to section 2929.20,	10044
2967.193, or any other provision of the Revised Code. In no case	10045
shall an offender who once has been sentenced to a mandatory term	10046
of local incarceration pursuant to division (G)(1) of this section	10047
for a fourth degree felony OVI offense be sentenced to another	10048
mandatory term of local incarceration under that division for any	10049
violation of division (A) of section 4511.19 of the Revised Code.	10050
The court shall not sentence the offender to a community control	10051
sanction under section 2929.16 or 2929.17 of the Revised Code. The	10052
department of rehabilitation and correction may place an offender	10053
sentenced to a mandatory prison term under this division in an	10054
intensive program prison established pursuant to section 5120.033	10055
of the Revised Code if the department gave the sentencing judge	10056
prior notice of its intent to place the offender in an intensive	10057
program prison established under that section and if the judge did	10058
not notify the department that the judge disapproved the	10059
placement. Upon the establishment of the initial intensive program	10060
prison pursuant to section 5120.033 of the Revised Code that is	10061
privately operated and managed by a contractor pursuant to a	10062
contract entered into under section 9.06 of the Revised Code, both	10063
of the following apply:	10064

(a) The department of rehabilitation and correction shall	10065
make a reasonable effort to ensure that a sufficient number of	10066
offenders sentenced to a mandatory prison term under this division	10067
are placed in the privately operated and managed prison so that	10068
the privately operated and managed prison has full occupancy.	10069

(b) Unless the privately operated and managed prison has full	10070
occupancy, the department of rehabilitation and correction shall	10071
not place any offender sentenced to a mandatory prison term under	10072
this division in any intensive program prison established pursuant	10073
to section 5120.033 of the Revised Code other than the privately	10074
operated and managed prison.	10075

(H) If an offender is being sentenced for a sexually oriented	10076
offense committed on or after January 1, 1997, the judge shall	10077
require the offender to submit to a DNA specimen collection	10078
procedure pursuant to section 2901.07 of the Revised Code if	10079
either of the following applies:	10080

(1) The offense was a sexually violent offense, and the	10081
offender also was convicted of or pleaded guilty to a sexually	10082
violent predator specification that was included in the	10083
indictment, count in the indictment, or information charging the	10084
sexually violent offense.	10085

(2) The judge imposing sentence for the sexually oriented	10086
offense determines pursuant to division (B) of section 2950.09 of	10087
the Revised Code that the offender is a sexual predator.	10088

(I) If an offender is being sentenced for a sexually oriented	10089
offense that is not a registration-exempt sexually oriented	10090
offense or for a child-victim oriented offense committed on or	10091
after January 1, 1997, the judge shall include in the sentence a	10092
summary of the offender's duty to register pursuant to section	10093
duties imposed under sections 2950.04 of the Revised Code, the	10094
offender's duty to provide notice of a change in residence address	10095
and register the new residence address pursuant to section,	10096
2950.041, 2950.05 of the Revised Code, the offender's duty to	10097
periodically verify the offender's current residence address	10098
pursuant to section, and 2950.06 of the Revised Code, and the	10099
duration of the duties. The judge shall inform the offender, at	10100
the time of sentencing, of those duties and of their duration and,	10101
if required under division (A)(2) of section 2950.03 of the	10102
Revised Code, shall perform the duties specified in that section.	10103

(J)(1) Except as provided in division (J)(2) of this section,	10104
when considering sentencing factors under this section in relation	10105
to an offender who is convicted of or pleads guilty to an attempt	10106
to commit an offense in violation of section 2923.02 of the	10107
Revised Code, the sentencing court shall consider the factors	10108
applicable to the felony category of the violation of section	10109
2923.02 of the Revised Code instead of the factors applicable to	10110
the felony category of the offense attempted.	10111

(2) When considering sentencing factors under this section in	10112
relation to an offender who is convicted of or pleads guilty to an	10113
attempt to commit a drug abuse offense for which the penalty is	10114
determined by the amount or number of unit doses of the controlled	10115
substance involved in the drug abuse offense, the sentencing court	10116
shall consider the factors applicable to the felony category that	10117
the drug abuse offense attempted would be if that drug abuse	10118
offense had been committed and had involved an amount or number of	10119
unit doses of the controlled substance that is within the next	10120
lower range of controlled substance amounts than was involved in	10121
the attempt.	10122

(K) As used in this section, "drug abuse offense" has the	10123
same meaning as in section 2925.01 of the Revised Code.	10124

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	10125
hearing before imposing a sentence under this chapter upon an	10126
offender who was convicted of or pleaded guilty to a felony and	10127
before resentencing an offender who was convicted of or pleaded	10128
guilty to a felony and whose case was remanded pursuant to section	10129
2953.07 or 2953.08 of the Revised Code. At the hearing, the	10130
offender, the prosecuting attorney, the victim or the victim's	10131
representative in accordance with section 2930.14 of the Revised	10132
Code, and, with the approval of the court, any other person may	10133
present information relevant to the imposition of sentence in the	10134
case. The court shall inform the offender of the verdict of the	10135
jury or finding of the court and ask the offender whether the	10136
offender has anything to say as to why sentence should not be	10137
imposed upon the offender.	10138

(2) Except as otherwise provided in this division, before	10139
imposing sentence on an offender who is being sentenced for a	10140
sexually oriented offense that was committed on or after January	10141
1, 1997, that is not a registration-exempt sexually oriented	10142
offense, and that is not a sexually violent offense, and before	10143
imposing sentence on an offender who is being sentenced for a	10144
sexually violent offense committed on or after January 1, 1997,	10145
and who was not charged with a sexually violent predator	10146
specification in the indictment, count in the indictment, or	10147
information charging the sexually violent offense, and before	10148
imposing sentence on or after May 7, 2002, on an offender who is	10149
being sentenced for a sexually oriented offense that is not a	10150
registration-exempt sexually oriented offense and who was	10151
acquitted of a sexually violent predator specification included in	10152
the indictment, count in the indictment, or information charging	10153
the sexually oriented offense, the court shall conduct a hearing	10154
in accordance with division (B) of section 2950.09 of the Revised	10155
Code to determine whether the offender is a sexual predator. The	10156
court shall not conduct a hearing under that division if the	10157
offender is being sentenced for a sexually violent offense and, if	10158
a sexually violent predator specification was included in the	10159
indictment, count in the indictment, or information charging the	10160
sexually violent offense, and if the offender was convicted of or	10161
pleaded guilty to that sexually violent predator specification.	10162
Before imposing sentence on an offender who is being sentenced for	10163
a sexually oriented offense that is not a registration-exempt	10164
sexually oriented offense, the court also shall comply with	10165
division (E) of section 2950.09 of the Revised Code.	10166

Before imposing sentence on or after the effective date of	10167
this amendment on an offender who is being sentenced for a	10168
child-victim oriented offense, regardless of when the offense was	10169
committed, the court shall conduct a hearing in accordance with	10170
division (B) of section 2950.091 of the Revised Code to determine	10171
whether the offender is a child-victim predator. Before imposing	10172
sentence on an offender who is being sentenced for a child-victim	10173
oriented offense, the court also shall comply with division (E) of	10174
section 2950.091 of the Revised Code.	10175

(B)(1) At the sentencing hearing, the court, before imposing	10176
sentence, shall consider the record, any information presented at	10177
the hearing by any person pursuant to division (A) of this	10178
section, and, if one was prepared, the presentence investigation	10179
report made pursuant to section 2951.03 of the Revised Code or	10180
Criminal Rule 32.2, and any victim impact statement made pursuant	10181
to section 2947.051 of the Revised Code.	10182

(2) The court shall impose a sentence and shall make a	10183
finding that gives its reasons for selecting the sentence imposed	10184
in any of the following circumstances:	10185

(a) Unless the offense is a sexually violent offense for	10186
which the court is required to impose sentence pursuant to	10187
division (G) of section 2929.14 of the Revised Code, if it imposes	10188
a prison term for a felony of the fourth or fifth degree or for a	10189
felony drug offense that is a violation of a provision of Chapter	10190
2925. of the Revised Code and that is specified as being subject	10191
to division (B) of section 2929.13 of the Revised Code for	10192
purposes of sentencing, its reasons for imposing the prison term,	10193
based upon the overriding purposes and principles of felony	10194
sentencing set forth in section 2929.11 of the Revised Code, and	10195
any factors listed in divisions (B)(1)(a) to (i) of section	10196
2929.13 of the Revised Code that it found to apply relative to the	10197
offender.	10198

(b) If it does not impose a prison term for a felony of the	10199
first or second degree or for a felony drug offense that is a	10200
violation of a provision of Chapter 2925. of the Revised Code and	10201
for which a presumption in favor of a prison term is specified as	10202
being applicable, its reasons for not imposing the prison term and	10203
for overriding the presumption, based upon the overriding purposes	10204
and principles of felony sentencing set forth in section 2929.11	10205
of the Revised Code, and the basis of the findings it made under	10206
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	10207

(c) If it imposes consecutive sentences under section 2929.14	10208
of the Revised Code, its reasons for imposing the consecutive	10209
sentences;	10210

(d) If the sentence is for one offense and it imposes a	10211
prison term for the offense that is the maximum prison term	10212
allowed for that offense by division (A) of section 2929.14 of the	10213
Revised Code, its reasons for imposing the maximum prison term;	10214

(e) If the sentence is for two or more offenses arising out	10215
of a single incident and it imposes a prison term for those	10216
offenses that is the maximum prison term allowed for the offense	10217
of the highest degree by division (A) of section 2929.14 of the	10218
Revised Code, its reasons for imposing the maximum prison term.	10219

(3) Subject to division (B)(4) of this section, if the	10220
sentencing court determines at the sentencing hearing that a	10221
prison term is necessary or required, the court shall do all of	10222
the following:	10223

(a) Impose a stated prison term;

10224

(b) Notify the offender that, as part of the sentence, the	10225
parole board may extend the stated prison term for certain	10226
violations of prison rules for up to one-half of the stated prison	10227
term;	10228

(c) Notify the offender that the offender will be supervised	10229
under section 2967.28 of the Revised Code after the offender	10230
leaves prison if the offender is being sentenced for a felony of	10231
the first degree or second degree, for a felony sex offense, or	10232
for a felony of the third degree in the commission of which the	10233
offender caused or threatened to cause physical harm to a person;	10234

(d) Notify the offender that the offender may be supervised	10235
under section 2967.28 of the Revised Code after the offender	10236
leaves prison if the offender is being sentenced for a felony of	10237
the third, fourth, or fifth degree that is not subject to division	10238
(B)(3)(c) of this section;	10239

(e) Notify the offender that, if a period of supervision is	10240
imposed following the offender's release from prison, as described	10241
in division (B)(3)(c) or (d) of this section, and if the offender	10242
violates that supervision or a condition of post-release control	10243
imposed under division (B) of section 2967.131 of the Revised	10244
Code, the parole board may impose a prison term, as part of the	10245
sentence, of up to one-half of the stated prison term originally	10246
imposed upon the offender;	10247

(f) Require that the offender not ingest or be injected with	10248
a drug of abuse and submit to random drug testing as provided in	10249
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	10250
is applicable to the offender who is serving a prison term, and	10251
require that the results of the drug test administered under any	10252
of those sections indicate that the offender did not ingest or was	10253
not injected with a drug of abuse.	10254

(4) If the offender is being sentenced for a sexually violent	10255
offense that the offender committed on or after January 1, 1997,	10256
and the offender also is convicted of or pleads guilty to a	10257
sexually violent predator specification that was included in the	10258
indictment, count in the indictment, or information charging the	10259
sexually violent offense, if the offender is being sentenced for a	10260
sexually oriented offense that is not a registration-exempt	10261
sexually oriented offense and that the offender committed on or	10262
after January 1, 1997, and the court imposing the sentence has	10263
determined pursuant to division (B) of section 2950.09 of the	10264
Revised Code that the offender is a sexual predator, if the	10265
offender is being sentenced on or after the effective date of this	10266
amendment for a child-victim oriented offense and the court	10267
imposing the sentence has determined pursuant to division (B) of	10268
section 2950.091 of the Revised Code that the offender is a	10269
child-victim predator, or if the offender is being sentenced for	10270
an aggravated sexually oriented offense as defined in section	10271
2950.01 of the Revised Code that the offender committed on or	10272
after June 13, 2002, the court shall include in the offender's	10273
sentence a statement that the offender has been adjudicated as	10274
being a sexual predator, has been adjudicated a child victim	10275
predator, or has been convicted of or pleaded guilty to an	10276
aggravated sexually oriented offense, whichever is applicable, and	10277
shall comply with the requirements of section 2950.03 of the	10278
Revised Code. Additionally, in the circumstances described in	10279
division (G) of section 2929.14 of the Revised Code, the court	10280
shall impose sentence on the offender as described in that	10281
division.	10282

(5) If the sentencing court determines at the sentencing	10283
hearing that a community control sanction should be imposed and	10284
the court is not prohibited from imposing a community control	10285
sanction, the court shall impose a community control sanction. The	10286
court shall notify the offender that, if the conditions of the	10287
sanction are violated, if the offender commits a violation of any	10288
law, or if the offender leaves this state without the permission	10289
of the court or the offender's probation officer, the court may	10290
impose a longer time under the same sanction, may impose a more	10291
restrictive sanction, or may impose a prison term on the offender	10292
and shall indicate the specific prison term that may be imposed as	10293
a sanction for the violation, as selected by the court from the	10294
range of prison terms for the offense pursuant to section 2929.14	10295
of the Revised Code.	10296

(6) Before imposing a financial sanction under section	10297
2929.18 of the Revised Code or a fine under section 2929.32 of the	10298
Revised Code, the court shall consider the offender's present and	10299
future ability to pay the amount of the sanction or fine.	10300

(7) If the sentencing court sentences the offender to a	10301
sanction of confinement pursuant to section 2929.14 or 2929.16 of	10302
the Revised Code that is to be served in a local detention	10303
facility, as defined in section 2929.36 of the Revised Code, and	10304
if the local detention facility is covered by a policy adopted	10305
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	10306
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	10307
and section 2929.37 of the Revised Code, both of the following	10308
apply:	10309

(a) The court shall specify both of the following as part of	10310
the sentence:	10311

(i) If the offender is presented with an itemized bill	10312
pursuant to section 2929.37 of the Revised Code for payment of the	10313
costs of confinement, the offender is required to pay the bill in	10314
accordance with that section.	10315

(ii) If the offender does not dispute the bill described in	10316
division (B)(7)(a)(i) of this section and does not pay the bill by	10317
the times specified in section 2929.37 of the Revised Code, the	10318
clerk of the court may issue a certificate of judgment against the	10319
offender as described in that section.	10320

(b) The sentence automatically includes any certificate of	10321
judgment issued as described in division (B)(7)(a)(ii) of this	10322
section.	10323

(C)(1) If the offender is being sentenced for a fourth degree	10324
felony OVI offense under division (G)(1) of section 2929.13 of the	10325
Revised Code, the court shall impose the mandatory term of local	10326
incarceration in accordance with that division, shall impose a	10327
mandatory fine in accordance with division (B)(3) of section	10328
2929.18 of the Revised Code, and, in addition, may impose	10329
additional sanctions as specified in sections 2929.15, 2929.16,	10330
2929.17, and 2929.18 of the Revised Code. The court shall not	10331
impose a prison term on the offender.	10332

(2) If the offender is being sentenced for a third or fourth	10333
degree felony OVI offense under division (G)(2) of section 2929.13	10334
of the Revised Code, the court shall impose the mandatory prison	10335
term in accordance with that division, shall impose a mandatory	10336
fine in accordance with division (B)(3) of section 2929.18 of the	10337
Revised Code, and, in addition, may impose an additional prison	10338
term as specified in section 2929.14 of the Revised Code. The	10339
court shall not impose any community control sanction on the	10340
offender.	10341

(D) The sentencing court, pursuant to division (K) of section	10342
2929.14 of the Revised Code, may recommend placement of the	10343
offender in a program of shock incarceration under section	10344
5120.031 of the Revised Code or an intensive program prison under	10345
section 5120.032 of the Revised Code, disapprove placement of the	10346
offender in a program or prison of that nature, or make no	10347
recommendation. If the court recommends or disapproves placement,	10348
it shall make a finding that gives its reasons for its	10349
recommendation or disapproval.	10350

Sec. 2929.23.  (A) If an offender is being sentenced for a	10351
sexually oriented offense that is a misdemeanor committed on or	10352
after January 1, 1997, and if the judge imposing sentence for the	10353
sexually oriented offense determines pursuant to division (B) of	10354
section 2950.09 of the Revised Code that the offender is a sexual	10355
predator, the judge shall include in the offender's sentence a	10356
statement that the offender has been adjudicated a sexual	10357
predator, shall comply with the requirements of section 2950.03 of	10358
the Revised Code, and shall require the offender to submit to a	10359
DNA specimen collection procedure pursuant to section 2901.07 of	10360
the Revised Code.	10361

(B) Before imposing sentence on an offender who is being	10362
sentenced for a sexually oriented offense that is a misdemeanor,	10363
that was committed on or after January 1, 1997, and that is not a	10364
registration-exempt sexually oriented offense, the judge shall	10365
conduct a hearing in accordance with division (B) of section	10366
2950.09 of the Revised Code to determine whether the offender is a	10367
sexual predator. Before imposing sentence on an offender who is	10368
being sentenced for a sexually oriented offense that is not a	10369
registration-exempt sexually oriented offense, the court also	10370
shall comply with division (E) of section 2950.09 of the Revised	10371
Code.	10372

Before imposing sentence on or after the effective date of	10373
this amendment on an offender who is being sentenced for a	10374
child-victim oriented offense that is a misdemeanor, regardless of	10375
when the offense was committed, the judge shall conduct a hearing	10376
in accordance with division (B) of section 2950.091 of the Revised	10377
Code to determine whether the offender is a child-victim predator.	10378
Before imposing sentence on an offender who is being sentenced for	10379
a child-victim oriented offense, the court also shall comply with	10380
division (E) of section 2950.091 of the Revised Code.	10381

(C) If an offender is being sentenced for a sexually oriented	10382
offense that is not a registration-exempt sexually oriented	10383
offense or for a child-victim oriented offense that is a	10384
misdemeanor committed on or after January 1, 1997, the judge shall	10385
include in the sentence a summary of the offender's duty to	10386
register pursuant to sectionduties imposed under sections 2950.04	10387
of the Revised Code, the offender's duty to provide notice of an	10388
intent to reside in a county if applicable pursuant to division	10389
(G) of section 2950.04 of the Revised Code, the offender's duty to	10390
provide notice of a change in residence address and register the	10391
new residence address pursuant to section, 2950.041, 2950.05 of	10392
the Revised Code, the offender's duty to periodically verify the	10393
offender's current residence address pursuant to section, and	10394
2950.06 of the Revised Code, and the duration of the duties. The	10395
judge shall inform the offender, at the time of sentencing, of	10396
those duties and of their duration and, if required under division	10397
(A)(2) of section 2950.03 of the Revised Code, shall perform the	10398
duties specified in that section.	10399

Sec. 2950.01. As used in this chapter, unless the context	10400
clearly requires otherwise:	10401

(A) "Confinement" includes, but is not limited to, a	10402
community residential sanction imposed pursuant to section 2929.16	10403
or 2929.26 of the Revised Code.	10404

(B) "Habitual sex offender" means, except when a juvenile	10405
judge removes this classification pursuant to division (A)(2) of	10406
section 2152.84 or division (C)(2) of section 2152.85 of the	10407
Revised Code, a person to whom both of the following apply:	10408

(1) The person is convicted of or pleads guilty to a sexually	10409
oriented offense that is not a registration-exempt sexually	10410
oriented offense, or the person is adjudicated a delinquent child	10411
for committing on or after January 1, 2002, a sexually oriented	10412
offense that is not a registration-exempt sexually oriented	10413
offense, was fourteen years of age or older at the time of	10414
committing the offense, and is classified a juvenile sex offender	10415
registrant based on that adjudication.	10416

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

10417

(a) Regarding a person who is an offender, the person	10418
previously was convicted of or pleaded guilty to one or more	10419
sexually oriented offenses or child-victim oriented offenses or	10420
previously was adjudicated a delinquent child for committing one	10421
or more sexually oriented offenses or child-victim oriented	10422
offenses and was classified a juvenile sex offender registrant or	10423
out-of-state juvenile sex offender registrant based on one or more	10424
of those adjudications, regardless of when the offense was	10425
committed and regardless of the person's age at the time of	10426
committing the offense.	10427

(b) Regarding a delinquent child, the person previously was	10428
convicted of, pleaded guilty to, or was adjudicated a delinquent	10429
child for committing one or more sexually oriented offenses or	10430
child-victim oriented offenses, regardless of when the offense was	10431
committed and regardless of the person's age at the time of	10432
committing the offense.	10433

(C) "Prosecutor" has the same meaning as in section 2935.01	10434
of the Revised Code.	10435

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

10436

(1) Any of the following violations or offenses committed by	10437
a person eighteen years of age or older:	10438

(a) Regardless of the age of the victim of the offense, a	10439
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of	10440
the Revised Code;	10441

(b) Any of the following offenses involving a minor, in the	10442
circumstances specified:	10443

(i) A violation of division (A)(4) of section 2905.01,	10444
2905.02, 2905.03, 2905.05, or section 2907.04 or former section	10445
2905.04, 2907.06, or 2907.08 of the Revised Code, when the victim	10446
of the offense is under eighteen years of age;	10447

(ii) A violation of section 2907.21 of the Revised Code when	10448
the person who is compelled, induced, procured, encouraged,	10449
solicited, requested, or facilitated to engage in, paid or agreed	10450
to be paid for, or allowed to engage in the sexual activity in	10451
question is under eighteen years of age;	10452

(iii) A violation of division (A)(1) or (3) of section	10453
2907.321 or 2907.322 of the Revised Code;	10454

(iv) A violation of division (A)(1) or (2) of section	10455
2907.323 of the Revised Code;	10456

(v) A violation of division (B)(5) of section 2919.22 of the	10457
Revised Code when the child who is involved in the offense is	10458
under eighteen years of age;	10459

(vi) A violation of division (D) or (E) of section 2907.07 of	10460
the Revised Code(A)(1), (2), (3), or (5) of section 2905.01, of	10461
section 2903.211, 2905.02, 2905.03, or 2905.05, or of former	10462
section 2905.04 of the Revised Code, when the victim of the	10463
offense is under eighteen years of age and the offense is	10464
committed with a sexual motivation.	10465

(c) Regardless of the age of the victim of the offense, a	10466
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	10467
Revised Code, or of division (A) of section 2903.04 of the Revised	10468
Code, that is committed with a purpose to gratify the sexual needs	10469
or desires of the offendermotivation;	10470

(d) A sexually violent offense;

10471

(e) A violation of section 2907.06 or 2907.08 of the Revised	10472
Code when the victim of the offense is eighteen years of age or	10473
older, or a violation of section 2903.211 of the Revised Code when	10474
the victim of the offense is eighteen years of age or older and	10475
the offense is committed with a sexual motivation;	10476

(f) A violation of any former law of this state, any existing	10477
or former municipal ordinance or law of another state or the	10478
United States, or any existing or former law applicable in a	10479
military court or in an Indian tribal court, or any existing or	10480
former law of any nation other than the United States, that is or	10481
was substantially equivalent to any offense listed in division	10482
(D)(1)(a), (b), (c), or (d), or (e) of this section;	10483

(f)(g) An attempt to commit, conspiracy to commit, or	10484
complicity in committing any offense listed in division (D)(1)(a),	10485
(b), (c), (d), or (e), or (f) of this section.	10486

(2) An act committed by a person under eighteen years of age	10487
that is any of the following:	10488

(a) Subject to division (D)(2)(h)(i) of this section,	10489
regardless of the age of the victim of the violation, a violation	10490
of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised	10491
Code;	10492

(b) Subject to division (D)(2)(h)(i) of this section, any of	10493
the following acts involving a minor in the circumstances	10494
specified:	10495

(i) A violation of division (A)(4) of section 2905.01 or	10496
2905.02section 2907.06 or 2907.08 of the Revised Code, or of	10497
former section 2905.04 of the Revised Code, when the victim of the	10498
violation is under eighteen years of age;	10499

(ii) A violation of section 2907.21 of the Revised Code when	10500
the person who is compelled, induced, procured, encouraged,	10501
solicited, requested, or facilitated to engage in, paid or agreed	10502
to be paid for, or allowed to engage in the sexual activity in	10503
question is under eighteen years of age;	10504

(iii) A violation of division (B)(5) of section 2919.22 of	10505
the Revised Code when the child who is involved in the violation	10506
is under eighteen years of age;	10507

(iv) A violation of division (A)(1), (2), (3), or (5) of	10508
section 2905.01, section 2903.211, or former section 2905.04 of	10509
the Revised Code, when the victim of the violation is under	10510
eighteen years of age and the offense is committed with a sexual	10511
motivation.	10512

(c) Subject to division (D)(2)(h)(i) of this section, any	10513
sexually violent offense that, if committed by an adult, would be	10514
a felony of the first, second, third, or fourth degree;	10515

(d) Subject to division (D)(2)(h)(i) of this section, a	10516
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	10517
2905.02 of the Revised Code, a violation of division (A) of	10518
section 2903.04 of the Revised Code, or an attempt to violate any	10519
of those sections or that division that is committed with a	10520
purpose to gratify the sexual needs or desires of the child	10521
committing the violationmotivation;	10522

(e) Subject to division (D)(2)(h)(i) of this section, a	10523
violation of division (A)(1) or (3) of section 2907.321, division	10524
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	10525
section 2907.323 of the Revised Code, or an attempt to violate any	10526
of those divisions, if the person who violates or attempts to	10527
violate the division is four or more years older than the minor	10528
who is the victim of the violation;	10529

(f) Subject to division (D)(2)(i) of this section, a	10530
violation of section 2907.06 or 2907.08 of the Revised Code when	10531
the victim of the violation is eighteen years of age or older, or	10532
a violation of section 2903.211 of the Revised Code when the	10533
victim of the violation is eighteen years of age or older and the	10534
offense is committed with a sexual motivation;	10535

(g) Subject to division (D)(2)(h)(i) of this section, any	10536
violation of any former law of this state, any existing or former	10537
municipal ordinance or law of another state or the United States,	10538
or any existing or former law applicable in a military court or in	10539
an Indian tribal court, or any existing or former law of any	10540
nation other than the United States, that is or was substantially	10541
equivalent to any offense listed in division (D)(2)(a), (b), (c),	10542
(d), or (e), or (f) of this section and that, if committed by an	10543
adult, would be a felony of the first, second, third, or fourth	10544
degree;	10545

(g)(h) Subject to division (D)(2)(h)(i) of this section, any	10546
attempt to commit, conspiracy to commit, or complicity in	10547
committing any offense listed in division (D)(2)(a), (b), (c),	10548
(d), (e), or (f), or (g) of this section;	10549

(h)(i) If the child's case has been transferred for criminal	10550
prosecution under section 2152.12 of the Revised Code, the act is	10551
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	10552
(f), or (g) of this section or would be any offense listed in any	10553
of those divisions if committed by an adult.	10554

(E) "Sexual predator" means a person to whom either of the	10555
following applies:	10556

(1) The person has been convicted of or pleaded guilty to	10557
committing a sexually oriented offense that is not a	10558
registration-exempt sexually oriented offense and is likely to	10559
engage in the future in one or more sexually oriented offenses.	10560

(2) The person has been adjudicated a delinquent child for	10561
committing a sexually oriented offense that is not a	10562
registration-exempt sexually oriented offense, was fourteen years	10563
of age or older at the time of committing the offense, was	10564
classified a juvenile sex offender registrant based on that	10565
adjudication, and is likely to engage in the future in one or more	10566
sexually oriented offenses.	10567

(F) "Supervised release" means a release of an offender from	10568
a prison term, a term of imprisonment, or another type of	10569
confinement that satisfies either of the following conditions:	10570

(1) The release is on parole, a conditional pardon, under a	10571
community control sanction, under transitional control, or under a	10572
post-release control sanction, and it requires the person to	10573
report to or be supervised by a parole officer, probation officer,	10574
field officer, or another type of supervising officer.	10575

(2) The release is any type of release that is not described	10576
in division (F)(1) of this section and that requires the person to	10577
report to or be supervised by a probation officer, a parole	10578
officer, a field officer, or another type of supervising officer.	10579

(G) An offender or delinquent child is "adjudicated as being	10580
a sexual predator" or "adjudicated a sexual predator" if any of	10581
the following applies and if, regarding a delinquent child, that	10582
status has not been removed pursuant to section 2152.84, 2152.85,	10583
or 2950.09 of the Revised Code:	10584

(1) The offender is convicted of or pleads guilty to	10585
committing, on or after January 1, 1997, a sexually oriented	10586
offense that is a sexually violent offense and that is not a	10587
registration-exempt sexually oriented offense and also is	10588
convicted of or pleads guilty to a sexually violent predator	10589
specification that was included in the indictment, count in the	10590
indictment, or information that charged the sexually violent	10591
offense.	10592

(2) Regardless of when the sexually oriented offense was	10593
committed, on or after January 1, 1997, the offender is sentenced	10594
for a sexually oriented offense that is not a registration-exempt	10595
sexually oriented offense, and the sentencing judge determines	10596
pursuant to division (B) of section 2950.09 of the Revised Code	10597
that the offender is a sexual predator.	10598

(3) The delinquent child is adjudicated a delinquent child	10599
for committing a sexually oriented offense that is not a	10600
registration-exempt sexually oriented offense, was fourteen years	10601
of age or older at the time of committing the offense, and has	10602
been classified a juvenile sex offender registrant based on that	10603
adjudication, and the adjudicating judge or that judge's successor	10604
in office determines pursuant to division (B) of section 2950.09	10605
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	10606
the Revised Code that the delinquent child is a sexual predator.	10607

(4) Prior to January 1, 1997, the offender was convicted of	10608
or pleaded guilty to, and was sentenced for, a sexually oriented	10609
offense that is not a registration-exempt sexually oriented	10610
offense, the offender is imprisoned in a state correctional	10611
institution on or after January 1, 1997, and the court determines	10612
pursuant to division (C) of section 2950.09 of the Revised Code	10613
that the offender is a sexual predator.	10614

(5) Regardless of when the sexually oriented offense was	10615
committed, the offender or delinquent child is convicted of or	10616
pleads guilty to, has been convicted of or pleaded guilty to, or	10617
is adjudicated a delinquent child for committing a sexually	10618
oriented offense that is not a registration-exempt sexually	10619
oriented offense in another state or, in a federal court, military	10620
court, or an Indian tribal court, or in a court in any nation	10621
other than the United States, as a result of that conviction, plea	10622
of guilty, or adjudication, the offender or delinquent child is	10623
required, under the law of the jurisdiction in which the offender	10624
was convicted or pleaded guilty or the delinquent child was	10625
adjudicated, to register as a sex offender until the offender's or	10626
delinquent child's death and to verify the offender's or	10627
delinquent child's address on at least a quarterly basis each	10628
year, and, on or after July 1, 1997, for offenders or January 1,	10629
2002, for delinquent children, the offender or delinquent child	10630
moves to and resides in this state or temporarily is domiciled in	10631
this state for more than sevenfive days or the offender is	10632
required under section 2950.04 of the Revised Code to register a	10633
school, institution of higher education, or place of employment	10634
address in this state, unless a court of common pleas or juvenile	10635
court determines that the offender or delinquent child is not a	10636
sexual predator pursuant to division (F) of section 2950.09 of the	10637
Revised Code.	10638

(H) "Sexually violent predator specification," and "sexually	10639
violent offense," "sexual motivation," and "violent sex offense"	10640
have the same meanings as in section 2971.01 of the Revised Code.	10641

(I) "Post-release control sanction" and "transitional	10642
control" have the same meanings as in section 2967.01 of the	10643
Revised Code.	10644

(J) "Juvenile sex offender registrant" means a person who is	10645
adjudicated a delinquent child for committing on or after January	10646
1, 2002, a sexually oriented offense that is not a	10647
registration-exempt sexually oriented offense or a child-victim	10648
oriented offense, who is fourteen years of age or older at the	10649
time of committing the offense, and who a juvenile court judge,	10650
pursuant to an order issued under section 2152.82, 2152.83,	10651
2152.84, or 2152.85 of the Revised Code, classifies a juvenile sex	10652
offender registrant and specifies has a duty to register under	10653
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	10654
Revised Code if the child committed a sexually oriented offense or	10655
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	10656
if the child committed a child-victim oriented offense. "Juvenile	10657
offender registrant" includes a person who, prior to the effective	10658
date of this amendment, was a "juvenile sex offender registrant"	10659
under the former definition of that former term.	10660

(K) "Secure facility" means any facility that is designed and	10661
operated to ensure that all of its entrances and exits are locked	10662
and under the exclusive control of its staff and to ensure that,	10663
because of that exclusive control, no person who is	10664
institutionalized or confined in the facility may leave the	10665
facility without permission or supervision.	10666

(L) "Out-of-state juvenile sex offender registrant" means a	10667
person who is adjudicated a delinquent child for committing a	10668
sexually oriented offense in a court in another state or, in a	10669
federal court, military court, or Indian tribal court, or in a	10670
court in any nation other than the United States for committing a	10671
sexually oriented offense that is not a registration-exempt	10672
sexually oriented offense or a child-victim oriented offense, who	10673
on or after January 1, 2002, moves to and resides in this state or	10674
temporarily is domiciled in this state for more than sevenfive	10675
days, and who has a duty under section 2950.04 of the Revised Code	10676
has a duty to register in this state as described in that section	10677
and the duty to otherwise comply with that section and sections	10678
2950.05 and 2950.06 of the Revised Code if the child committed a	10679
sexually oriented offense or has a duty under section 2950.041 of	10680
the Revised Code to register in this state and the duty to	10681
otherwise comply with that section and sections 2950.05 and	10682
2950.06 of the Revised Code if the child committed a child-victim	10683
oriented offense. "Out-of-state juvenile offender registrant"	10684
includes a person who, prior to the effective date of this	10685
amendment, was an "out-of-state juvenile sex offender registrant"	10686
under the former definition of that former term.	10687

(M) "Juvenile court judge" includes a magistrate to whom the	10688
juvenile court judge confers duties pursuant to division (A)(15)	10689
of section 2151.23 of the Revised Code.	10690

(N) "Adjudicated a delinquent child for committing a sexually	10691
oriented offense" includes a child who receives a serious youthful	10692
offender dispositional sentence under section 2152.13 of the	10693
Revised Code for committing a sexually oriented offense.	10694

(O) "Aggravated sexually oriented offense" means a violation	10695
of division (A)(1)(b) of section 2907.02 of the Revised Code	10696
committed on or after June 13, 2002, or a violation of division	10697
(A)(2) of that section committed on or after the effective date of	10698
this amendment.	10699

(P)(1) "Presumptive registration-exempt sexually oriented	10700
offense" means any of the following sexually oriented offenses	10701
described in division (P)(1)(a), (b), (c), (d), or (e) of this	10702
section, when the offense is committed by a person who previously	10703
has not been convicted of, pleaded guilty to, or adjudicated a	10704
delinquent child for committing any sexually oriented offense	10705
described in division (P)(1)(a), (b), (c), (d), or (e) of this	10706
section, any other sexually oriented offense, or any child-victim	10707
oriented offense and when the victim or intended victim of the	10708
offense is eighteen years of age or older:	10709

(a) Any sexually oriented offense listed in division	10710
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	10711
is eighteen years of age or older or, subject to division	10712
(P)(1)(e) of this section, committed by a person who is under	10713
eighteen years of age;	10714

(b) Any violation of any former law of this state, any	10715
existing or former municipal ordinance or law of another state or	10716
the United States, any existing or former law applicable in a	10717
military court or in an Indian tribal court, or any existing or	10718
former law of any nation other than the United States that is	10719
committed by a person who is eighteen years of age or older and	10720
that is or was substantially equivalent to any sexually oriented	10721
offense listed in division (P)(1)(a) of this section;	10722

(c) Subject to division (P)(1)(e) of this section, any	10723
violation of any former law of this state, any existing or former	10724
municipal ordinance or law of another state or the United States,	10725
any existing or former law applicable in a military court or in an	10726
Indian tribal court, or any existing or former law of any nation	10727
other than the United States that is committed by a person who is	10728
under eighteen years of age, that is or was substantially	10729
equivalent to any sexually oriented offense listed in division	10730
(P)(1)(a) of this section, and that would be a felony of the	10731
fourth degree if committed by an adult;	10732

(d) Any attempt to commit, conspiracy to commit, or	10733
complicity in committing any offense listed in division (P)(1)(a)	10734
or (b) of this section if the person is eighteen years of age or	10735
older or, subject to division (P)(1)(e) of this section, listed in	10736
division (P)(1)(a) or (c) of this section if the person is under	10737
eighteen years of age.	10738

(e) Regarding an act committed by a person under eighteen	10739
years of age, if the child's case has been transferred for	10740
criminal prosecution under section 2152.12 of the Revised Code,	10741
the act is any sexually oriented offense listed in division	10742
(P)(1)(a), (b), or (d) of this section.	10743

(2) "Presumptive registration-exempt sexually oriented	10744
offense" does not include any sexually oriented offense described	10745
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	10746
is committed by a person who previously has been convicted of,	10747
pleaded guilty to, or adjudicated a delinquent child for	10748
committing any sexually oriented offense described in division	10749
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	10750
sexually oriented offense.	10751

(Q)(1) "Registration-exempt sexually oriented offense" means	10752
any presumptive registration-exempt sexually oriented offense, if	10753
a court does not issue an order under section 2950.021 of the	10754
Revised Code that removes the presumptive exemption and subjects	10755
the offender who was convicted of or pleaded guilty to the offense	10756
to registration under section 2950.04 of the Revised Code and all	10757
other duties and responsibilities generally imposed under this	10758
chapter upon persons who are convicted of or plead guilty to any	10759
sexually oriented offense other than a presumptive	10760
registration-exempt sexually oriented offense or that removes the	10761
presumptive exemption and potentially subjects the child who was	10762
adjudicated a delinquent child for committing the offense to	10763
classification as a juvenile offender registrant under sections	10764
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	10765
registration under section 2950.04 of the Revised Code and all	10766
other duties and responsibilities generally imposed under this	10767
chapter upon persons who are adjudicated delinquent children for	10768
committing a sexually oriented offense other than a presumptive	10769
registration-exempt sexually oriented offense.	10770

(2) "Registration-exempt sexually oriented offense" does not	10771
include a presumptive registration-exempt sexually oriented	10772
offense if a court issues an order under section 2950.021 of the	10773
Revised Code that removes the presumptive exemption and subjects	10774
the offender or potentially subjects the delinquent child to the	10775
duties and responsibilities described in division (Q)(1) of this	10776
section.	10777

(R) "School" and "school premises" have the same meanings as	10778
in section 2925.01 of the Revised Code.	10779

(S)(1) "Child-victim oriented offense" means any of the	10780
following:	10781

(a) Subject to division (S)(2) of this section, any of the	10782
following violations or offenses committed by a person eighteen	10783
years of age or older, when the victim of the violation is under	10784
eighteen years of age and is not a child of the person who commits	10785
the violation:	10786

(i) A violation of division (A)(1), (2), (3), or (5) of	10787
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	10788
former section 2905.04 of the Revised Code;	10789

(ii) A violation of any former law of this state, any	10790
existing or former municipal ordinance or law of another state or	10791
the United States, any existing or former law applicable in a	10792
military court or in an Indian tribal court, or any existing or	10793
former law of any nation other than the United States, that is or	10794
was substantially equivalent to any offense listed in division	10795
(S)(1)(a)(i) of this section;	10796

(iii) An attempt to commit, conspiracy to commit, or	10797
complicity in committing any offense listed in division	10798
(S)(1)(a)(i) or (ii) of this section.	10799

(b) Subject to division (S)(2) of this section, an act	10800
committed by a person under eighteen years of age that is any of	10801
the following, when the victim of the violation is under eighteen	10802
years of age and is not a child of the person who commits the	10803
violation:	10804

(i) Subject to division (S)(1)(b)(iv) of this section, a	10805
violation of division (A)(1), (2), (3), or (5) of section 2905.01	10806
or of former section 2905.04 of the Revised Code;	10807

(ii) Subject to division (S)(1)(b)(iv) of this section, any	10808
violation of any former law of this state, any existing or former	10809
municipal ordinance or law of another state or the United States,	10810
any existing or former law applicable in a military court or in an	10811
Indian tribal court, or any existing or former law of any nation	10812
other than the United States, that is or was substantially	10813
equivalent to any offense listed in division (S)(1)(b)(i) of this	10814
section and that, if committed by an adult, would be a felony of	10815
the first, second, third, or fourth degree;	10816

(iii) Subject to division (S)(1)(b)(iv) of this section, any	10817
attempt to commit, conspiracy to commit, or complicity in	10818
committing any offense listed in division (S)(1)(b)(i) or (ii) of	10819
this section;	10820

(iv) If the child's case has been transferred for criminal	10821
prosecution under section 2152.12 of the Revised Code, the act is	10822
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	10823
this section or would be any offense listed in any of those	10824
divisions if committed by an adult.	10825

(2) "Child-victim oriented offense" does not include any	10826
offense identified in division (S)(1)(a) or (b) of this section	10827
that is a sexually violent offense. An offense identified in	10828
division (S)(1)(a) or (b) of this section that is a sexually	10829
violent offense is within the definition of a sexually oriented	10830
offense.	10831

(T)(1) "Habitual child-victim offender" means, except when a	10832
juvenile judge removes this classification pursuant to division	10833
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	10834
the Revised Code, a person to whom both of the following apply:	10835

(a) The person is convicted of or pleads guilty to a	10836
child-victim oriented offense, or the person is adjudicated a	10837
delinquent child for committing on or after January 1, 2002, a	10838
child-victim oriented offense, was fourteen years of age or older	10839
at the time of committing the offense, and is classified a	10840
juvenile offender registrant based on that adjudication.	10841

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

10842

(i) Regarding a person who is an offender, the person	10843
previously was convicted of or pleaded guilty to one or more	10844
child-victim oriented offenses or previously was adjudicated a	10845
delinquent child for committing one or more child-victim oriented	10846
offenses and was classified a juvenile offender registrant or	10847
out-of-state juvenile offender registrant based on one or more of	10848
those adjudications, regardless of when the offense was committed	10849
and regardless of the person's age at the time of committing the	10850
offense.	10851

(ii) Regarding a delinquent child, the person previously was	10852
convicted of, pleaded guilty to, or was adjudicated a delinquent	10853
child for committing one or more child-victim oriented offenses,	10854
regardless of when the offense was committed and regardless of the	10855
person's age at the time of committing the offense.	10856

(2) "Habitual child-victim offender" includes a person who	10857
has been convicted of, pleaded guilty to, or adjudicated a	10858
delinquent child for committing, a child-victim oriented offense	10859
and who, on and after the effective date of this amendment, is	10860
automatically classified a habitual child-victim offender pursuant	10861
to division (E) of section 2950.091 of the Revised Code.	10862

(U) "Child-victim predator" means a person to whom either of	10863
the following applies:	10864

(1) The person has been convicted of or pleaded guilty to	10865
committing a child-victim oriented offense and is likely to engage	10866
in the future in one or more child-victim oriented offenses.	10867

(2) The person has been adjudicated a delinquent child for	10868
committing a child-victim oriented offense, was fourteen years of	10869
age or older at the time of committing the offense, was classified	10870
a juvenile offender registrant based on that adjudication, and is	10871
likely to engage in the future in one or more child-victim	10872
oriented offenses.	10873

(V) An offender or delinquent child is "adjudicated as being	10874
a child-victim predator" or "adjudicated a child-victim predator"	10875
if any of the following applies and if, regarding a delinquent	10876
child, that status has not been removed pursuant to section	10877
2152.84, 2152.85, or 2950.09 of the Revised Code:	10878

(1) The offender or delinquent child has been convicted of,	10879
pleaded guilty to, or adjudicated a delinquent child for	10880
committing, a child-victim oriented offense and, on and after the	10881
effective date of this amendment, is automatically classified a	10882
child-victim predator pursuant to division (A) of section 2950.091	10883
of the Revised Code.	10884

(2) Regardless of when the child-victim oriented offense was	10885
committed, on or after the effective date of this amendment, the	10886
offender is sentenced for a child-victim oriented offense, and the	10887
sentencing judge determines pursuant to division (B) of section	10888
2950.091 of the Revived Code that the offender is a child-victim	10889
predator.	10890

(3) The delinquent child is adjudicated a delinquent child	10891
for committing a child-victim oriented offense, was fourteen years	10892
of age or older at the time of committing the offense, and has	10893
been classified a juvenile offender registrant based on that	10894
adjudication, and the adjudicating judge or that judge's successor	10895
in office determines pursuant to division (B) of section 2950.09	10896
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	10897
the Revised Code that the delinquent child is a child-victim	10898
predator.	10899

(4) Prior to the effective date of this section, the offender	10900
was convicted of or pleaded guilty to a child-victim oriented	10901
offense, at the time of the conviction or guilty plea, the offense	10902
was considered a sexually oriented offense, on or after the	10903
effective date of this amendment, the offender is serving a term	10904
of imprisonment in a state correctional institution, and the court	10905
determines pursuant to division (C) of section 2950.091 of the	10906
Revised Code that the offender is a child-victim predator.	10907

(5) Regardless of when the child-victim oriented offense was	10908
committed, the offender or delinquent child is convicted, pleads	10909
guilty, has been convicted, pleaded guilty, or adjudicated a	10910
delinquent child in a court in another state, in a federal court,	10911
military court, or Indian tribal court, or in a court in any	10912
nation other than the United States for committing a child-victim	10913
oriented offense, as a result of that conviction, plea of guilty,	10914
or adjudication, the offender or delinquent child is required	10915
under the law of the jurisdiction in which the offender was	10916
convicted or pleaded guilty or the delinquent child was	10917
adjudicated, to register as a child-victim offender or sex	10918
offender until the offender's or delinquent child's death, and, on	10919
or after July 1, 1997, for offenders or January 1, 2002, for	10920
delinquent children the offender or delinquent child moves to and	10921
resides in this state or temporarily is domiciled in this state	10922
for more than five days or the offender is required under section	10923
2950.041 of the Revised Code to register a school, institution of	10924
higher education, or place of employment address in this state,	10925
unless a court of common pleas or juvenile court determines that	10926
the offender or delinquent child is not a child-victim predator	10927
pursuant to division (F) of section 2950.091 of the Revised Code.	10928

(W) "Residential premises" means the building in which a	10929
residential unit is located and the grounds upon which that	10930
building stands, extending to the perimeter of the property.	10931
"Residential premises" includes any type of structure in which a	10932
residential unit is located, including, but not limited to,	10933
multi-unit buildings and mobile and manufactured homes.	10934

(X) "Residential unit" means a dwelling unit for residential	10935
use and occupancy, and includes the structure or part of a	10936
structure that is used as a home, residence, or sleeping place by	10937
one person who maintains a household or two or more persons who	10938
maintain a common household.	10939

(Y) "Multi-unit building" means a building in which is	10940
located more than twelve residential units that have entry doors	10941
that open directly into the unit from a hallway that is shared	10942
with one or more other units. A residential unit is not considered	10943
located in a multi-unit building if the unit does not have an	10944
entry door that opens directly into the unit from a hallway that	10945
is shared with one or more other units or if the unit is in a	10946
building that is not a multi-unit building as described in this	10947
division.	10948

(Z) "Community control sanction" has the same meaning as in	10949
section 2929.01 of the Revised Code.	10950

Sec. 2950.99.  (A) Whoever(1)(a) Except as otherwise	10951
provided in division (A)(1)(b) of this section, whoever violates a	10952
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	10953
the Revised Code is guilty of a felony of the fifth degree if	10954
shall be punished as follows:	10955

(i) If the most serious sexually oriented offense or	10956
child-victim oriented offense that was the basis of the	10957
registration, notice of intent to reside, change of address	10958
notification, or address verification requirement that was	10959
violated under the prohibition is aggravated murder, murder, or a	10960
felony of the first, second, or third degree if committed by an	10961
adult, the offender is guilty of a felony of the third degree.	10962

(ii) If the most serious sexually oriented offense or	10963
child-victim oriented offense that was the basis of the	10964
registration, notice of intent to reside, change of address	10965
notification, or address verification requirement that was	10966
violated under the prohibition is a felony of the fourth or fifth	10967
degree if committed by an adult, and a misdemeanor of the first	10968
degreeor if the most serious sexually oriented offense or	10969
child-victim oriented offense that was the basis of the	10970
registration, notice of intent to reside, change of address	10971
notification, or address verification requirement that was	10972
violated under the prohibition is a misdemeanor if committed by an	10973
adult. In, the offender is guilty of a felony of the same degree	10974
or a misdemeanor of the same degree as the most serious sexually	10975
oriented offense or child-victim oriented offense that was the	10976
basis of the registration, notice of intent to reside, change of	10977
address, or address verification requirement that was violated	10978
under the prohibition.	10979

(b) If the offender previously has been convicted of or	10980
pleaded guilty to, or previously has been adjudicated a delinquent	10981
child for committing, a violation of a prohibition in section	10982
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	10983
whoever violates a prohibition in section 2950.04, 2950.041,	10984
2950.05, or 2950.06 of the Revised Code shall be punished as	10985
follows:	10986

(i) If the most serious sexually oriented offense or	10987
child-victim oriented offense that was the basis of the	10988
registration, notice of intent to reside, change of address	10989
notification, or address verification requirement that was	10990
violated under the prohibition is aggravated murder, murder, or a	10991
felony of the first, second, third, or fourth degree if committed	10992
by an adult, the offender is guilty of a felony of the third	10993
degree.	10994

(ii) If the most serious sexually oriented offense or	10995
child-victim oriented offense that was the basis of the	10996
registration, notice of intent to reside, change of address	10997
notification, or address verification requirement that was	10998
violated under the prohibition is a felony of the fifth degree if	10999
committed by an adult, the offender is guilty of a felony of the	11000
fourth degree.	11001

(iii) If the most serious sexually oriented offense or	11002
child-victim oriented offense that was the basis of the	11003
registration, notice of intent to reside, change of address	11004
notification, or address verification requirement that was	11005
violated under the prohibition is a misdemeanor of the first	11006
degree if committed by an adult, the offender is guilty of a	11007
felony of the fifth degree.	11008

(iv) If the most serious sexually oriented offense or	11009
child-victim oriented offense that was the basis of the	11010
registration, notice of intent to reside, change of address	11011
notification, or address verification requirement that was	11012
violated under the prohibition is a misdemeanor other than a	11013
misdemeanor of the first degree if committed by an adult, the	11014
offender is guilty of a misdemeanor that is one degree higher than	11015
the most serious sexually oriented offense or child-victim	11016
oriented offense that was the basis of the registration, change of	11017
address, or address verification requirement that was violated	11018
under the prohibition.	11019

(2) In addition to any penalty or sanction imposed under	11020
division (A)(1) of this section or any other provision of law for	11021
thea violation of a prohibition in section 2950.04, 2950.041,	11022
2950.05, or 2950.06 of the Revised Code, if the offender or	11023
delinquent child is subject to a community control sanction, is on	11024
parole, is subject to one or more post-release control sanctions,	11025
or is subject to any other type of supervised release at the time	11026
of the violation, the violation shall constitute a violation of	11027
the terms and conditions of the community control sanction,	11028
parole, post-release control sanction, or other type of supervised	11029
release.	11030

(B) If a person violates a prohibition in section 2950.04,	11031
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	11032
the person as a result of the person being adjudicated a	11033
delinquent child and being classified a juvenile sex offender	11034
registrant or isas an out-of-state juvenile sex offender	11035
registrant, both of the following apply:	11036

(1) If the violation occurs while the person is under	11037
eighteen years of age, the person is subject to proceedings under	11038
Chapter 2152. of the Revised Code based on the violation.	11039

(2) If the violation occurs while the person is eighteen	11040
years of age or older, the person is subject to criminal	11041
prosecution based on the violation.	11042

(C) Whoever violates division (C) of section 2950.13 of the	11043
Revised Code is guilty of a misdemeanor of the first degree.	11044

Sec. 5321.01.  As used in this chapter:

11045

(A) "Tenant" means a person entitled under a rental agreement	11046
to the use and occupancy of residential premises to the exclusion	11047
of others.	11048

(B) "Landlord" means the owner, lessor, or sublessor of	11049
residential premises, the agent of the owner, lessor, or	11050
sublessor, or any person authorized by the owner, lessor, or	11051
sublessor to manage the premises or to receive rent from a tenant	11052
under a rental agreement.	11053

(C) "Residential premises" means a dwelling unit for	11054
residential use and occupancy and the structure of which it is a	11055
part, the facilities and appurtenances in it, and the grounds,	11056
areas, and facilities for the use of tenants generally or the use	11057
of which is promised the tenant. "Residential premises" includes a	11058
dwelling unit that is owned or operated by a college or	11059
university. "Residential premises" does not include any of the	11060
following:	11061

(1) Prisons, jails, workhouses, and other places of	11062
incarceration or correction, including, but not limited to,	11063
halfway houses or residential arrangements that are used or	11064
occupied as a requirement of a community control sanction, a	11065
post-release control sanction, or parole;	11066

(2) Hospitals and similar institutions with the primary	11067
purpose of providing medical services, and homes licensed pursuant	11068
to Chapter 3721. of the Revised Code;	11069

(3) Tourist homes, hotels, motels, recreational vehicle	11070
parks, recreation camps, combined park-camps, temporary	11071
park-camps, and other similar facilities where circumstances	11072
indicate a transient occupancy;	11073

(4) Elementary and secondary boarding schools, where the cost	11074
of room and board is included as part of the cost of tuition;	11075

(5) Orphanages and similar institutions;

11076

(6) Farm residences furnished in connection with the rental	11077
of land of a minimum of two acres for production of agricultural	11078
products by one or more of the occupants;	11079

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	11080
the Revised Code;	11081

(8) Occupancy by an owner of a condominium unit;

11082

(9) Occupancy in a facility licensed as an SRO facility	11083
pursuant to Chapter 3731. of the Revised Code, if the facility is	11084
owned or operated by an organization that is exempt from taxation	11085
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	11086
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	11087
group of entities in which such an organization has a controlling	11088
interest, and if either of the following applies:	11089

(a) The occupancy is for a period of less than sixty days;

11090

(b) The occupancy is for participation in a program operated	11091
by the facility, or by a public entity or private charitable	11092
organization pursuant to a contract with the facility, to provide	11093
either of the following:	11094

(i) Services licensed, certified, registered, or approved by	11095
a governmental agency or private accrediting organization for the	11096
rehabilitation of mentally ill persons, developmentally disabled	11097
persons, adults or juveniles convicted of criminal offenses, or	11098
persons suffering from substance abuse;	11099

(ii) Shelter for juvenile runaways, victims of domestic	11100
violence, or homeless persons.	11101

(10) Emergency shelters operated by organizations exempt from	11102
federal income taxation under section 501(c)(3) of the "Internal	11103
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	11104
amended, for persons whose circumstances indicate a transient	11105
occupancy, including homeless people, victims of domestic	11106
violence, and juvenile runaways.	11107

(D) "Rental agreement" means any agreement or lease, written	11108
or oral, which establishes or modifies the terms, conditions,	11109
rules, or any other provisions concerning the use and occupancy of	11110
residential premises by one of the parties.	11111

(E) "Security deposit" means any deposit of money or property	11112
to secure performance by the tenant under a rental agreement.	11113

(F) "Dwelling unit" means a structure or the part of a	11114
structure that is used as a home, residence, or sleeping place by	11115
one person who maintains a household or by two or more persons who	11116
maintain a common household.	11117

(G) "Controlled substance" has the same meaning as in section	11118
3719.01 of the Revised Code.	11119

(H) "Student tenant" means a person who occupies a dwelling	11120
unit owned or operated by the college or university at which the	11121
person is a student, and who has a rental agreement that is	11122
contingent upon the person's status as a student.	11123

(I) "Recreational vehicle park," "recreation camp," "combined	11124
park-camp," and "temporary park-camp" have the same meanings as in	11125
section 3733.01 of the Revised Code.	11126

(I)(J) "Community control sanction" has the same meaning as	11127
in section 2929.01 of the Revised Code.	11128

(J)(K) "Post-release control sanction" has the same meaning	11129
as in section 2967.01 of the Revised Code.	11130

(L) "School premises" has the same meaning as in section	11131
2925.01 of the Revised Code.	11132

(M) "Sexually oriented offense" and "child-victim oriented	11133
offense" have the same meanings as in section 2950.01 of the	11134
Revised Code.	11135

Section 4. That the existing versions of sections 109.42,	11136
2152.02, 2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23,	11137
2950.01, 2950.99, and 5321.01 of the Revised Code that are	11138
scheduled to take effect January 1, 2004, are hereby repealed.	11139

Section 5. Sections 3 and 4 of this act shall take effect	11140
January 1, 2004.	11141

Section 6. The provisions of this act are severable. If a	11142
codified or uncodified section of law contained in this act or a	11143
provision or application of such a section is held invalid, the	11144
invalidity does not affect any other codified or uncodified	11145
section of law contained in this act, or any related codified or	11146
uncodified section, or any provision or application of any such	11147
section, that can be given effect without the invalid section or	11148
provision or application.	11149

Section 7. (A) Section 2919.24 of the Revised Code is	11150
presented in Section 1 of this act as a composite of the section	11151
as amended by Am. Sub. S.B. 3 of the 124th General Assembly and	11152
Am. Sub. S.B. 179 of the 123rd General Assembly. Section 2929.13	11153
of the Revised Code is presented in Section 1 of this act as a	11154
composite of the section as amended by both Am. Sub. H.B. 327 and	11155
Sub. H.B. 485 of the 124th General Assembly. Section 2929.19 of	11156
the Revised Code, effective until January 1, 2004, is presented in	11157
Section 1 of this act as a composite of the section as amended by	11158
both Sub. H.B. 170 and Sub. H.B. 485 of the 124th General	11159
Assembly. Section 2950.08 of the Revised Code is presented in	11160
Section 1 of this act as a composite of the section as amended by	11161
both Am. Sub. H.B. 180 and Am. Sub. S.B. 160 of the 121st General	11162
Assembly. The General Assembly, applying the principle stated in	11163
division (B) of section 1.52 of the Revised Code that amendments	11164
are to be harmonized if reasonably capable of simultaneous	11165
operation, finds that the composites are the resulting versions of	11166
the sections in effect prior to the effective date of the sections	11167
as presented in Section 1 of this act.	11168

(B) Section 2152.02 of the Revised Code, effective January 1,	11169
2004, is presented in Section 3 of this act as a composite of the	11170
section as amended by both Am. Sub. H.B. 400 and Am. Sub. H.B. 490	11171
of the 124th General Assembly. Section 2152.19 of the Revised	11172
Code, effective January 1, 2004, is presented in Section 3 of this	11173
act as a composite of the section as amended by both Am. Sub. H.B.	11174
400 and Am. Sub. H.B. 490 of the 124th General Assembly. Section	11175
2743.191 of the Revised Code is presented in Section 3 of this act	11176
as a composite of the section as amended by both Sub. H.B. 427 and	11177
Am. Sub. S.B. 123 of the 124th General Assembly. Section 2929.13	11178
of the Revised Code, effective January 1, 2004, is presented in	11179
Section 3 of this act as a composite of the section as amended by	11180
Am. Sub. H.B. 327, Sub. H.B. 485, and Am. Sub. S.B. 123 of the	11181
124th General Assembly. Section 5321.01 of the Revised Code,	11182
effective January 1, 2004, is presented in Section 3 of this act	11183
as a composite of the section as amended by both Am. Sub. H.B. 490	11184
and Sub. H.B. 520 of the 124th General Assembly. The General	11185
Assembly, applying the principle stated in division (B) of section	11186
1.52 of the Revised Code that amendments are to be harmonized if	11187
reasonably capable of simultaneous operation, finds that the	11188
composites are the resulting versions of the sections in effect	11189
prior to the effective date of the sections as presented in	11190
Section 3 of this act.	11191

Section 8. Sections 1923.01, 1923.02, 1923.051, 5321.01, and	11192
5321.03 of the Revised Code, as amended by this act, and sections	11193
2950.031 and 5321.051 of the Revised Code, as enacted by this act,	11194
apply to rental agreements entered into on or after the effective	11195
date of this act.	11196

Section 9. This act is hereby declared to be an emergency	11197
measure necessary for the immediate preservation of the public	11198
peace, health, and safety. The reason for such necessity is that	11199
it is crucial for this state to make the changes in this act as	11200
soon as possible, in order to expand the protections and	11201
information afforded residents of this state regarding offenders	11202
who commit sexually oriented offenses or child-victim oriented	11203
offenses and in order to comply with the federal Jacob Wetterling	11204
Crimes Against Children and Sexually Violent Offender Registration	11205
Act and standards adopted under that Act and receive related	11206
federal funding that is contingent upon compliance. Therefore,	11207
this act shall go into immediate effect.	11208