SENATORS Jacobson, Amstutz, Austria, Coughlin, Randy Gardner, Goodman, Harris, Hottinger, Spada, Stivers, Herington, Dann, Fedor, Austria

To amend sections 109.42, 109.57, 1923.01, 1923.02,

1

1923.051, 2152.02, 2152.19, 2152.191, 2152.82,

2

2152.83, 2152.84, 2152.85, 2901.07, 2907.07,

3

2919.24, 2929.01, 2929.13, 2929.19, 2929.21,

4

2935.36, 2950.01, 2950.02, 2950.03, 2950.04,

5

2950.05, 2950.06, 2950.07, 2950.08, 2950.081,

6

2950.09, 2950.10, 2950.11, 2950.12, 2950.13,

7

2950.14, 2950.99, 2971.01, 3319.20, 3319.31,

8

5139.13, 5321.01, and 5321.03 and to enact

9

sections 2152.811, 2152.851, 2950.021, 2950.031,

10

2950.041, 2950.091, 2950.111, and 5321.051 of the

11

Revised Code to modify the Sex Offender

12

Registration and Notification Law by adopting most

13

of the recommendations of the Governor's Sex

14

Offender Registration and Notification Task Force,

15

generally conforming the Law to federal

16

guidelines, renaming as "child-victim oriented

17

offenses" certain crimes against children not

18

committed with a sexual motivation that currently

19

subject offenders and delinquent children to the

20

Law, exempting certain sexually oriented offenses

21

committed by a first-time offender delinquent child

22

against a person 18 years of age or older from the

23

registration and related duties under the Law

24

unless a judge removes the exemption, providing a

25

penalty for failing to send a notice of intent to

26

reside, clarifying that habitual sex offenders or

27

habitual child-victim offenders in another

28

jurisdiction are habitual sex offenders or

29

habitual child-victim offenders under Ohio law,

30

clarifying the Law's community notification

31

provisions as applied to multi-unit buildings,

32

specifying that convictions in courts of foreign

33

nations are sexually oriented offenses or

34

child-victim oriented offenses under the Law,

35

prohibiting an offender who is subject to the Law

36

from establishing a residence within 1,000 feet of

37

any school premises, permitting landlords to evict

38

such an offender from residential premises located

39

within 1,000 feet of school premises, and making

40

other changes in that Law; to eliminate from the

41

offense of "importuning" a prohibition that the

42

Supreme Court found to be unconstitutional; to

43

amend the versions of sections 2152.19, 2929.01,

44

2929.13, and 2929.19 of the Revised Code that are

45

scheduled to take effect on January 1, 2004, to

46

continue the provisions of this act on and after

47

that effective date; and to declare an emergency.

48

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

Section 1. That sections 109.42, 109.57, 1923.01, 1923.02,	49
1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83, 2152.84,	50
2152.85, 2901.07, 2907.07, 2919.24, 2929.01, 2929.13, 2929.19,	51
2929.21, 2935.36, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05,	52
2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11,	53
2950.12, 2950.13, 2950.14, 2950.99, 2971.01, 3319.20, 3319.31,	54
5139.13, 5321.01, and 5321.03 be amended and sections 2152.811,	55
2152.851, 2950.021, 2950.031, 2950.041, 2950.091, 2950.111, and	56
5321.051 of the Revised Code be enacted to read as follows:	57

Sec. 109.42.  (A) The attorney general shall prepare and have	58
printed a pamphlet that contains a compilation of all statutes	59
relative to victim's rights in which the attorney general lists	60
and explains the statutes in the form of a victim's bill of	61
rights. The attorney general shall distribute the pamphlet to all	62
sheriffs, marshals, municipal corporation and township police	63
departments, constables, and other law enforcement agencies, to	64
all prosecuting attorneys, city directors of law, village	65
solicitors, and other similar chief legal officers of municipal	66
corporations, and to organizations that represent or provide	67
services for victims of crime. The victim's bill of rights set	68
forth in the pamphlet shall contain a description of all of the	69
rights of victims that are provided for in Chapter 2930. or in any	70
other section of the Revised Code and shall include, but not be	71
limited to, all of the following:	72

(1) The right of a victim or a victim's representative to	73
attend a proceeding before a grand jury, in a juvenile case, or in	74
a criminal case pursuant to a subpoena without being discharged	75
from the victim's or representative's employment, having the	76
victim's or representative's employment terminated, having the	77
victim's or representative's pay decreased or withheld, or	78
otherwise being punished, penalized, or threatened as a result of	79
time lost from regular employment because of the victim's or	80
representative's attendance at the proceeding pursuant to the	81
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	82
2945.451 of the Revised Code;	83

(2) The potential availability pursuant to section 2151.359	84
or 2152.61 of the Revised Code of a forfeited recognizance to pay	85
damages caused by a child when the delinquency of the child or	86
child's violation of probation or community control is found to be	87
proximately caused by the failure of the child's parent or	88
guardian to subject the child to reasonable parental authority or	89
to faithfully discharge the conditions of probation or community	90
control;	91

(3) The availability of awards of reparations pursuant to	92
sections 2743.51 to 2743.72 of the Revised Code for injuries	93
caused by criminal offenses;	94

(4) The right of the victim in certain criminal or juvenile	95
cases or a victim's representative to receive, pursuant to section	96
2930.06 of the Revised Code, notice of the date, time, and place	97
of the trial or delinquency proceeding in the case or, if there	98
will not be a trial or delinquency proceeding, information from	99
the prosecutor, as defined in section 2930.01 of the Revised Code,	100
regarding the disposition of the case;	101

(5) The right of the victim in certain criminal or juvenile	102
cases or a victim's representative to receive, pursuant to section	103
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	104
name of the person charged with the violation, the case or docket	105
number assigned to the charge, and a telephone number or numbers	106
that can be called to obtain information about the disposition of	107
the case;	108

(6) The right of the victim in certain criminal or juvenile	109
cases or of the victim's representative pursuant to section	110
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	111
terms set by the court as authorized under section 2930.14 of the	112
Revised Code, to make a statement about the victimization and, if	113
applicable, a statement relative to the sentencing or disposition	114
of the offender;	115

(7) The opportunity to obtain a court order, pursuant to	116
section 2945.04 of the Revised Code, to prevent or stop the	117
commission of the offense of intimidation of a crime victim or	118
witness or an offense against the person or property of the	119
complainant, or of the complainant's ward or child;	120

(8) The right of the victim in certain criminal or juvenile	121
cases or a victim's representative pursuant to sections 2151.38,	122
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	123
receive notice of a pending motion for judicial release or early	124
release of the person who committed the offense against the	125
victim, to make an oral or written statement at the court hearing	126
on the motion, and to be notified of the court's decision on the	127
motion;	128

(9) The right of the victim in certain criminal or juvenile	129
cases or a victim's representative pursuant to section 2930.16,	130
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	131
of any pending commutation, pardon, parole, transitional control,	132
discharge, other form of authorized release, post-release control,	133
or supervised release for the person who committed the offense	134
against the victim or any application for release of that person	135
and to send a written statement relative to the victimization and	136
the pending action to the adult parole authority or the release	137
authority of the department of youth services;	138

(10) The right of the victim to bring a civil action pursuant	139
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	140
from the offender's profit fund;	141

(11) The right, pursuant to section 3109.09 of the Revised	142
Code, to maintain a civil action to recover compensatory damages	143
not exceeding ten thousand dollars and costs from the parent of a	144
minor who willfully damages property through the commission of an	145
act that would be a theft offense, as defined in section 2913.01	146
of the Revised Code, if committed by an adult;	147

(12) The right, pursuant to section 3109.10 of the Revised	148
Code, to maintain a civil action to recover compensatory damages	149
not exceeding ten thousand dollars and costs from the parent of a	150
minor who willfully and maliciously assaults a person;	151

(13) The possibility of receiving restitution from an	152
offender or a delinquent child pursuant to section 2152.20,	153
2929.18, or 2929.21 of the Revised Code;	154

(14) The right of the victim in certain criminal or juvenile	155
cases or a victim's representative, pursuant to section 2930.16 of	156
the Revised Code, to receive notice of the escape from confinement	157
or custody of the person who committed the offense, to receive	158
that notice from the custodial agency of the person at the	159
victim's last address or telephone number provided to the	160
custodial agency, and to receive notice that, if either the	161
victim's address or telephone number changes, it is in the	162
victim's interest to provide the new address or telephone number	163
to the custodial agency;	164

(15) The right of a victim of domestic violence to seek the	165
issuance of a temporary protection order pursuant to section	166
2919.26 of the Revised Code, to seek the issuance of a civil	167
protection order pursuant to section 3113.31 of the Revised Code,	168
and to be accompanied by a victim advocate during court	169
proceedings;	170

(16) The right of a victim of a sexually oriented offense	171
that is not a registration-exempt sexually oriented offense or of	172
a child-victim oriented offense that is committed by a person who	173
is convicted of or pleads guilty to an aggravated sexually	174
oriented offense, by a person who is adjudicated as being a sexual	175
predator or child-victim predator, or, in certain cases, by a	176
person who is determined to be a habitual sex offender or habitual	177
child-victim offender to receive, pursuant to section 2950.10 of	178
the Revised Code, notice that the person has registered with a	179
sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised	180
Code and notice of the person's name and the residence, school,	181
institution of higher education, or place of employment address or	182
addresses that are registered, and a summary of the manner in	183
which the victim must make a request to receive the notice. As	184
used in this division, "sexually oriented offense," "adjudicated	185
as being a sexual predator," and "habitual sex offender,"	186
"registration-exempt sexually oriented offense," "aggravated	187
sexually oriented offense," "child-victim oriented offense,"	188
"adjudicated a child-victim predator," and "habitual child-victim	189
offender" have the same meanings as in section 2950.01 of the	190
Revised Code.	191

(17) The right of a victim of certain sexually violent	192
offenses committed by a sexually violent predator who is sentenced	193
to a prison term pursuant to division (A)(3) of section 2971.03 of	194
the Revised Code to receive, pursuant to section 2930.16 of the	195
Revised Code, notice of a hearing to determine whether to modify	196
the requirement that the offender serve the entire prison term in	197
a state correctional facility, whether to continue, revise, or	198
revoke any existing modification of that requirement, or whether	199
to terminate the prison term. As used in this division, "sexually	200
violent offense" and "sexually violent predator" have the same	201
meanings as in section 2971.01 of the Revised Code.	202

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	203
prosecuting attorney, assistant prosecuting attorney, city	204
director of law, assistant city director of law, village	205
solicitor, assistant village solicitor, or similar chief legal	206
officer of a municipal corporation or an assistant of any of those	207
officers who prosecutes an offense committed in this state, upon	208
first contact with the victim of the offense, the victim's family,	209
or the victim's dependents, shall give the victim, the victim's	210
family, or the victim's dependents a copy of the pamphlet prepared	211
pursuant to division (A) of this section and explain, upon	212
request, the information in the pamphlet to the victim, the	213
victim's family, or the victim's dependents.	214

(b) Subject to division (B)(1)(c) of this section, a law	215
enforcement agency that investigates an offense or delinquent act	216
committed in this state shall give the victim of the offense or	217
delinquent act, the victim's family, or the victim's dependents a	218
copy of the pamphlet prepared pursuant to division (A) of this	219
section at one of the following times:	220

(i) Upon first contact with the victim, the victim's family,	221
or the victim's dependents;	222

(ii) If the offense or delinquent act is an offense of	223
violence, if the circumstances of the offense or delinquent act	224
and the condition of the victim, the victim's family, or the	225
victim's dependents indicate that the victim, the victim's family,	226
or the victim's dependents will not be able to understand the	227
significance of the pamphlet upon first contact with the agency,	228
and if the agency anticipates that it will have an additional	229
contact with the victim, the victim's family, or the victim's	230
dependents, upon the agency's second contact with the victim, the	231
victim's family, or the victim's dependents.	232

If the agency does not give the victim, the victim's family,	233
or the victim's dependents a copy of the pamphlet upon first	234
contact with them and does not have a second contact with the	235
victim, the victim's family, or the victim's dependents, the	236
agency shall mail a copy of the pamphlet to the victim, the	237
victim's family, or the victim's dependents at their last known	238
address.	239

(c) In complying on and after December 9, 1994, with the	240
duties imposed by division (B)(1)(a) or (b) of this section, an	241
official or a law enforcement agency shall use copies of the	242
pamphlet that are in the official's or agency's possession on	243
December 9, 1994, until the official or agency has distributed all	244
of those copies. After the official or agency has distributed all	245
of those copies, the official or agency shall use only copies of	246
the pamphlet that contain at least the information described in	247
division (A)(1) to (17) of this section.	248

(2) The failure of a law enforcement agency or of a	249
prosecuting attorney, assistant prosecuting attorney, city	250
director of law, assistant city director of law, village	251
solicitor, assistant village solicitor, or similar chief legal	252
officer of a municipal corporation or an assistant to any of those	253
officers to give, as required by division (B)(1) of this section,	254
the victim of an offense or delinquent act, the victim's family,	255
or the victim's dependents a copy of the pamphlet prepared	256
pursuant to division (A) of this section does not give the victim,	257
the victim's family, the victim's dependents, or a victim's	258
representative any rights under section 122.95, 2743.51 to	259
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	260
of the Revised Code or under any other provision of the Revised	261
Code and does not affect any right under those sections.	262

(3) A law enforcement agency, a prosecuting attorney or	263
assistant prosecuting attorney, or a city director of law,	264
assistant city director of law, village solicitor, assistant	265
village solicitor, or similar chief legal officer of a municipal	266
corporation that distributes a copy of the pamphlet prepared	267
pursuant to division (A) of this section shall not be required to	268
distribute a copy of an information card or other printed material	269
provided by the clerk of the court of claims pursuant to section	270
2743.71 of the Revised Code.	271

(C) The cost of printing and distributing the pamphlet	272
prepared pursuant to division (A) of this section shall be paid	273
out of the reparations fund, created pursuant to section 2743.191	274
of the Revised Code, in accordance with division (D) of that	275
section.	276

(D) As used in this section:

277

(1) "Victim's representative" has the same meaning as in	278
section 2930.01 of the Revised Code;	279

(2) "Victim advocate" has the same meaning as in section	280
2919.26 of the Revised Code.	281

Sec. 109.57.  (A)(1) The superintendent of the bureau of	282
criminal identification and investigation shall procure from	283
wherever procurable and file for record photographs, pictures,	284
descriptions, fingerprints, measurements, and other information	285
that may be pertinent of all persons who have been convicted of	286
committing within this state a felony, any crime constituting a	287
misdemeanor on the first offense and a felony on subsequent	288
offenses, or any misdemeanor described in division (A)(1)(a) of	289
section 109.572 of the Revised Code, of all children under	290
eighteen years of age who have been adjudicated delinquent	291
children for committing within this state an act that would be a	292
felony or an offense of violence if committed by an adult or who	293
have been convicted of or pleaded guilty to committing within this	294
state a felony or an offense of violence, and of all well-known	295
and habitual criminals. The person in charge of any county,	296
multicounty, municipal, municipal-county, or multicounty-municipal	297
jail or workhouse, community-based correctional facility, halfway	298
house, alternative residential facility, or state correctional	299
institution and the person in charge of any state institution	300
having custody of a person suspected of having committed a felony,	301
any crime constituting a misdemeanor on the first offense and a	302
felony on subsequent offenses, or any misdemeanor described in	303
division (A)(1)(a) of section 109.572 of the Revised Code or	304
having custody of a child under eighteen years of age with respect	305
to whom there is probable cause to believe that the child may have	306
committed an act that would be a felony or an offense of violence	307
if committed by an adult shall furnish such material to the	308
superintendent of the bureau. Fingerprints, photographs, or other	309
descriptive information of a child who is under eighteen years of	310
age, has not been arrested or otherwise taken into custody for	311
committing an act that would be a felony or an offense of violence	312
if committed by an adult, has not been adjudicated a delinquent	313
child for committing an act that would be a felony or an offense	314
of violence if committed by an adult, has not been convicted of or	315
pleaded guilty to committing a felony or an offense of violence,	316
and is not a child with respect to whom there is probable cause to	317
believe that the child may have committed an act that would be a	318
felony or an offense of violence if committed by an adult shall	319
not be procured by the superintendent or furnished by any person	320
in charge of any county, multicounty, municipal, municipal-county,	321
or multicounty-municipal jail or workhouse, community-based	322
correctional facility, halfway house, alternative residential	323
facility, or state correctional institution, except as authorized	324
in section 2151.313 of the Revised Code.	325

(2) Every clerk of a court of record in this state, other	326
than the supreme court or a court of appeals, shall send to the	327
superintendent of the bureau a weekly report containing a summary	328
of each case involving a felony, involving any crime constituting	329
a misdemeanor on the first offense and a felony on subsequent	330
offenses, involving a misdemeanor described in division (A)(1)(a)	331
of section 109.572 of the Revised Code, or involving an	332
adjudication in a case in which a child under eighteen years of	333
age was alleged to be a delinquent child for committing an act	334
that would be a felony or an offense of violence if committed by	335
an adult. The clerk of the court of common pleas shall include in	336
the report and summary the clerk sends under this division all	337
information described in divisions (A)(2)(a) to (f) of this	338
section regarding a case before the court of appeals that is	339
served by that clerk. The summary shall be written on the standard	340
forms furnished by the superintendent pursuant to division (B) of	341
this section and shall include the following information:	342

(a) The incident tracking number contained on the standard	343
forms furnished by the superintendent pursuant to division (B) of	344
this section;	345

(b) The style and number of the case;

346

(c) The date of arrest;

347

(d) The date that the person was convicted of or pleaded	348
guilty to the offense, adjudicated a delinquent child for	349
committing the act that would be a felony or an offense of	350
violence if committed by an adult, found not guilty of the	351
offense, or found not to be a delinquent child for committing an	352
act that would be a felony or an offense of violence if committed	353
by an adult, the date of an entry dismissing the charge, an entry	354
declaring a mistrial of the offense in which the person is	355
discharged, an entry finding that the person or child is not	356
competent to stand trial, or an entry of a nolle prosequi, or the	357
date of any other determination that constitutes final resolution	358
of the case;	359

(e) A statement of the original charge with the section of	360
the Revised Code that was alleged to be violated;	361

(f) If the person or child was convicted, pleaded guilty, or	362
was adjudicated a delinquent child, the sentence or terms of	363
probation imposed or any other disposition of the offender or the	364
delinquent child.	365

If the offense involved the disarming of a law enforcement	366
officer or an attempt to disarm a law enforcement officer, the	367
clerk shall clearly state that fact in the summary, and the	368
superintendent shall ensure that a clear statement of that fact is	369
placed in the bureau's records.	370

(3) The superintendent shall cooperate with and assist	371
sheriffs, chiefs of police, and other law enforcement officers in	372
the establishment of a complete system of criminal identification	373
and in obtaining fingerprints and other means of identification of	374
all persons arrested on a charge of a felony, any crime	375
constituting a misdemeanor on the first offense and a felony on	376
subsequent offenses, or a misdemeanor described in division	377
(A)(1)(a) of section 109.572 of the Revised Code and of all	378
children under eighteen years of age arrested or otherwise taken	379
into custody for committing an act that would be a felony or an	380
offense of violence if committed by an adult. The superintendent	381
also shall file for record the fingerprint impressions of all	382
persons confined in a county, multicounty, municipal,	383
municipal-county, or multicounty-municipal jail or workhouse,	384
community-based correctional facility, halfway house, alternative	385
residential facility, or state correctional institution for the	386
violation of state laws and of all children under eighteen years	387
of age who are confined in a county, multicounty, municipal,	388
municipal-county, or multicounty-municipal jail or workhouse,	389
community-based correctional facility, halfway house, alternative	390
residential facility, or state correctional institution or in any	391
facility for delinquent children for committing an act that would	392
be a felony or an offense of violence if committed by an adult,	393
and any other information that the superintendent may receive from	394
law enforcement officials of the state and its political	395
subdivisions.	396

(4) The superintendent shall carry out Chapter 2950. of the	397
Revised Code with respect to the registration of persons who are	398
convicted of or plead guilty to either a sexually oriented offense	399
that is not a registration-exempt sexually oriented offense or a	400
child-victim oriented offense and with respect to all other duties	401
imposed on the bureau under that chapter.	402

(B) The superintendent shall prepare and furnish to every	403
county, multicounty, municipal, municipal-county, or	404
multicounty-municipal jail or workhouse, community-based	405
correctional facility, halfway house, alternative residential	406
facility, or state correctional institution and to every clerk of	407
a court in this state specified in division (A)(2) of this section	408
standard forms for reporting the information required under	409
division (A) of this section. The standard forms that the	410
superintendent prepares pursuant to this division may be in a	411
tangible format, in an electronic format, or in both tangible	412
formats and electronic formats.	413

(C) The superintendent may operate a center for electronic,	414
automated, or other data processing for the storage and retrieval	415
of information, data, and statistics pertaining to criminals and	416
to children under eighteen years of age who are adjudicated	417
delinquent children for committing an act that would be a felony	418
or an offense of violence if committed by an adult, criminal	419
activity, crime prevention, law enforcement, and criminal justice,	420
and may establish and operate a statewide communications network	421
to gather and disseminate information, data, and statistics for	422
the use of law enforcement agencies. The superintendent may	423
gather, store, retrieve, and disseminate information, data, and	424
statistics that pertain to children who are under eighteen years	425
of age and that are gathered pursuant to sections 109.57 to 109.61	426
of the Revised Code together with information, data, and	427
statistics that pertain to adults and that are gathered pursuant	428
to those sections.	429

(D) The information and materials furnished to the	430
superintendent pursuant to division (A) of this section and	431
information and materials furnished to any board or person under	432
division (F) or (G) of this section are not public records under	433
section 149.43 of the Revised Code.	434

(E) The attorney general shall adopt rules, in accordance	435
with Chapter 119. of the Revised Code, setting forth the procedure	436
by which a person may receive or release information gathered by	437
the superintendent pursuant to division (A) of this section. A	438
reasonable fee may be charged for this service. If a temporary	439
employment service submits a request for a determination of	440
whether a person the service plans to refer to an employment	441
position has been convicted of or pleaded guilty to an offense	442
listed in division (A)(1), (3), (4), or (5) of section 109.572 of	443
the Revised Code, the request shall be treated as a single request	444
and only one fee shall be charged.	445

(F)(1) As used in division (F)(2) of this section, "head	446
start agency" means an entity in this state that has been approved	447
to be an agency for purposes of subchapter II of the "Community	448
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	449
as amended.	450

(2)(a) In addition to or in conjunction with any request that	451
is required to be made under section 109.572, 2151.86, 3301.32,	452
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	453
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	454
education of any school district; the director of mental	455
retardation and developmental disabilities; any county board of	456
mental retardation and developmental disabilities; any entity	457
under contract with a county board of mental retardation and	458
developmental disabilities; the chief administrator of any	459
chartered nonpublic school; the chief administrator of any home	460
health agency; the chief administrator of or person operating any	461
child day-care center, type A family day-care home, or type B	462
family day-care home licensed or certified under Chapter 5104. of	463
the Revised Code; the administrator of any type C family day-care	464
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	465
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	466
general assembly; the chief administrator of any head start	467
agency; or the executive director of a public children services	468
agency may request that the superintendent of the bureau	469
investigate and determine, with respect to any individual who has	470
applied for employment in any position after October 2, 1989, or	471
any individual wishing to apply for employment with a board of	472
education may request, with regard to the individual, whether the	473
bureau has any information gathered under division (A) of this	474
section that pertains to that individual. On receipt of the	475
request, the superintendent shall determine whether that	476
information exists and, upon request of the person, board, or	477
entity requesting information, also shall request from the federal	478
bureau of investigation any criminal records it has pertaining to	479
that individual. Within thirty days of the date that the	480
superintendent receives a request, the superintendent shall send	481
to the board, entity, or person a report of any information that	482
the superintendent determines exists, including information	483
contained in records that have been sealed under section 2953.32	484
of the Revised Code, and, within thirty days of its receipt, shall	485
send the board, entity, or person a report of any information	486
received from the federal bureau of investigation, other than	487
information the dissemination of which is prohibited by federal	488
law.	489

(b) When a board of education is required to receive	490
information under this section as a prerequisite to employment of	491
an individual pursuant to section 3319.39 of the Revised Code, it	492
may accept a certified copy of records that were issued by the	493
bureau of criminal identification and investigation and that are	494
presented by an individual applying for employment with the	495
district in lieu of requesting that information itself. In such a	496
case, the board shall accept the certified copy issued by the	497
bureau in order to make a photocopy of it for that individual's	498
employment application documents and shall return the certified	499
copy to the individual. In a case of that nature, a district only	500
shall accept a certified copy of records of that nature within one	501
year after the date of their issuance by the bureau.	502

(3) The state board of education may request, with respect to	503
any individual who has applied for employment after October 2,	504
1989, in any position with the state board or the department of	505
education, any information that a school district board of	506
education is authorized to request under division (F)(2) of this	507
section, and the superintendent of the bureau shall proceed as if	508
the request has been received from a school district board of	509
education under division (F)(2) of this section.	510

(4) When the superintendent of the bureau receives a request	511
for information that is authorized under section 3319.291 of the	512
Revised Code, the superintendent shall proceed as if the request	513
has been received from a school district board of education under	514
division (F)(2) of this section.	515

(5) When a recipient of an OhioReads classroom or community	516
reading grant paid under section 3301.86 or 3301.87 of the Revised	517
Code or an entity approved by the OhioReads council requests, with	518
respect to any individual who applies to participate in providing	519
any program or service through an entity approved by the OhioReads	520
council or funded in whole or in part by the grant, the	521
information that a school district board of education is	522
authorized to request under division (F)(2)(a) of this section,	523
the superintendent of the bureau shall proceed as if the request	524
has been received from a school district board of education under	525
division (F)(2)(a) of this section.	526

(G) In addition to or in conjunction with any request that is	527
required to be made under section 173.41, 3701.881, 3712.09,	528
3721.121, or 3722.151 of the Revised Code with respect to an	529
individual who has applied for employment in a position that	530
involves providing direct care to an older adult, the chief	531
administrator of a PASSPORT agency that provides services through	532
the PASSPORT program created under section 173.40 of the Revised	533
Code, home health agency, hospice care program, home licensed	534
under Chapter 3721. of the Revised Code, adult day-care program	535
operated pursuant to rules adopted under section 3721.04 of the	536
Revised Code, or adult care facility may request that the	537
superintendent of the bureau investigate and determine, with	538
respect to any individual who has applied after January 27, 1997,	539
for employment in a position that does not involve providing	540
direct care to an older adult, whether the bureau has any	541
information gathered under division (A) of this section that	542
pertains to that individual. On receipt of the request, the	543
superintendent shall determine whether that information exists	544
and, on request of the administrator requesting information, shall	545
also request from the federal bureau of investigation any criminal	546
records it has pertaining to that individual. Within thirty days	547
of the date a request is received, the superintendent shall send	548
to the administrator a report of any information determined to	549
exist, including information contained in records that have been	550
sealed under section 2953.32 of the Revised Code, and, within	551
thirty days of its receipt, shall send the administrator a report	552
of any information received from the federal bureau of	553
investigation, other than information the dissemination of which	554
is prohibited by federal law.	555

(H) Information obtained by a board, administrator, or other	556
person under this section is confidential and shall not be	557
released or disseminated.	558

(I) The superintendent may charge a reasonable fee for	559
providing information or criminal records under division (F)(2) or	560
(G) of this section.	561

Sec. 1923.01.  (A) As provided in this chapter, any judge of	562
a county or municipal court or a court of common pleas, within the	563
judge's proper area of jurisdiction, may inquire about persons who	564
make unlawful and forcible entry into lands or tenements and	565
detain them, and about persons who make a lawful and peaceable	566
entry into lands or tenements and hold them unlawfully and by	567
force. If, upon such inquiry, it is found that an unlawful and	568
forcible entry has been made and the lands or tenements are	569
detained, or that, after a lawful entry, lands or tenements are	570
held unlawfully and by force, a judge shall cause the plaintiff in	571
an action under this chapter to have restitution of the lands or	572
tenements.	573

(B) An action shall be brought under this chapter within two	574
years after the cause of action accrues.	575

(C) As used in this chapter:

576

(1) "Tenant" means a person who is entitled under a rental	577
agreement to the use or occupancy of premises, other than premises	578
located in a manufactured home park as defined in section 3733.01	579
of the Revised Code, to the exclusion of others.	580

(2) "Landlord" means the owner, lessor, or sublessor of	581
premises, the agent or person the landlord authorizes to manage	582
premises or to receive rent from a tenant under a rental	583
agreement, except, if required by the facts of the action to which	584
the term is applied, "landlord" means a park operator.	585

(3) "Park operator," "manufactured home," "mobile home,"	586
"manufactured home park," and "resident" have the same meanings as	587
in section 3733.01 of the Revised Code.	588

(4) "Residential premises" has the same meaning as in section	589
5321.01 of the Revised Code, except, if required by the facts of	590
the action to which the term is applied, "residential premises"	591
has the same meaning as in section 3733.01 of the Revised Code.	592

(5) "Rental agreement" means any agreement or lease, written	593
or oral, that establishes or modifies the terms, conditions,	594
rules, or any other provisions concerning the use or occupancy of	595
premises by one of the parties to the agreement or lease, except	596
that "rental agreement," as used in division (A)(11) of section	597
1923.02 of the Revised Code and where the context requires as used	598
in this chapter, means a rental agreement as defined in division	599
(D) of section 5322.01 of the Revised Code.	600

(6) "Controlled substance" has the same meaning as in section	601
3719.01 of the Revised Code.	602

(7) "School premises" has the same meaning as in section	603
2925.01 of the Revised Code.	604

(8) "Sexually oriented offense" and "child-victim oriented	605
offense" have the same meanings as in section 2950.01 of the	606
Revised Code.	607

Sec. 1923.02.  (A) Proceedings under this chapter may be had	608
as follows:	609

(1) Against tenants or manufactured home park residents	610
holding over their terms;	611

(2) Against tenants or manufactured home park residents in	612
possession under an oral tenancy, who are in default in the	613
payment of rent as provided in division (B) of this section;	614

(3) In sales of real estate, on executions, orders, or other	615
judicial process, when the judgment debtor was in possession at	616
the time of the rendition of the judgment or decree, by virtue of	617
which such sale was made;	618

(4) In sales by executors, administrators, or guardians, and	619
on partition, when any of the parties to the complaint were in	620
possession at the commencement of the action, after such sales, so	621
made on execution or otherwise, have been examined by the proper	622
court and adjudged legal;	623

(5) When the defendant is an occupier of lands or tenements,	624
without color of title, and the complainant has the right of	625
possession to them;	626

(6) In any other case of the unlawful and forcible detention	627
of lands or tenements. For purposes of this division, in addition	628
to any other type of unlawful and forcible detention of lands or	629
tenements, such a detention may be determined to exist when both	630
of the following apply:	631

(a) A tenant fails to vacate residential premises within	632
three days after both of the following occur:	633

(i) HisThe tenant's landlord has actual knowledge of or has	634
reasonable cause to believe that the tenant, any person in the	635
tenant's household, or any person on the premises with the consent	636
of the tenant previously has or presently is engaged in a	637
violation of Chapter 2925. or 3719. of the Revised Code, or of a	638
municipal ordinance that is substantially similar to any section	639
in either of those chapters, which involves a controlled substance	640
and which occurred in, is occurring in, or otherwise was or is	641
connected with the premises, whether or not the tenant or other	642
person has been charged with, has pleaded guilty to or been	643
convicted of, or has been determined to be a delinquent child for	644
an act that, if committed by an adult, would be a violation as	645
described in this division. For purposes of this division, a	646
landlord has "actual knowledge of or has reasonable cause to	647
believe" that a tenant, any person in the tenant's household, or	648
any person on the premises with the consent of the tenant	649
previously has or presently is engaged in a violation as described	650
in this division if a search warrant was issued pursuant to	651
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	652
affidavit presented to obtain the warrant named or described the	653
tenant or person as the individual to be searched and particularly	654
described the tenant's premises as the place to be searched, named	655
or described one or more controlled substances to be searched for	656
and seized, stated substantially the offense under Chapter 2925.	657
or 3719. of the Revised Code or the substantially similar	658
municipal ordinance that occurred in, is occurring in, or	659
otherwise was or is connected with the tenant's premises, and	660
states the factual basis for the affiant's belief that the	661
controlled substances are located on the tenant's premises; the	662
warrant was properly executed by a law enforcement officer and any	663
controlled substance described in the affidavit was found by that	664
officer during the search and seizure; and, subsequent to the	665
search and seizure, the landlord was informed by that or another	666
law enforcement officer of the fact that the tenant or person has	667
or presently is engaged in a violation as described in this	668
division and it occurred in, is occurring in, or otherwise was or	669
is connected with the tenant's premises.	670

(ii) The landlord gives the tenant the notice required by	671
division (C) of section 5321.17 of the Revised Code;	672

(b) The court determines, by a preponderance of the evidence,	673
that the tenant, any person in the tenant's household, or any	674
person on the premises with the consent of the tenant previously	675
has or presently is engaged in a violation as described in	676
division (A)(6)(a)(i) of this section.	677

(7) In cases arising out of Chapter 5313. of the Revised	678
Code. In such cases, the court has the authority to declare a	679
forfeiture of the vendee's rights under a land installment	680
contract and to grant any other claims arising out of the	681
contract.	682

(8) Against tenants who have breached an obligation that is	683
imposed by section 5321.05 of the Revised Code, other than the	684
obligation specified in division (A)(9) of that section, and that	685
materially affects health and safety. Prior to the commencement of	686
an action under this division, notice shall be given to the tenant	687
and compliance secured with section 5321.11 of the Revised Code.	688

(9) Against tenants who have breached an obligation imposed	689
upon them by a written rental agreement;	690

(10) Against manufactured home park residents who have	691
defaulted in the payment of rent or breached the terms of a rental	692
agreement with a manufactured home park operator;	693

(11) Against manufactured home park residents who have	694
committed two material violations of the rules of the manufactured	695
home park, of the public health council, or of applicable state	696
and local health and safety codes and who have been notified of	697
the violations in compliance with section 3733.13 of the Revised	698
Code.	699

(12) Against occupants of self-service storage facilities, as	700
defined in division (A) of section 5322.01 of the Revised Code,	701
who have breached the terms of a rental agreement or violated	702
section 5322.04 of the Revised Code;	703

(13) Against any resident or occupant who, pursuant to a	704
rental agreement, resides in or occupies residential premises	705
located within one thousand feet of any school premises and to	706
whom both of the following apply:	707

(a) The resident's or occupant's name appears on the state	708
registry of sex offenders and child-victim offenders maintained	709
under section 2950.13 of the Revised Code.	710

(b) The state registry of sex offenders and child-victim	711
offenders indicates that the resident or occupant was convicted of	712
or pleaded guilty to either a sexually oriented offense that is	713
not a registration-exempt sexually oriented offense or a	714
child-victim oriented offense in a criminal prosecution and was	715
not sentenced to a serious youthful offender dispositional	716
sentence for that offense.	717

(14) Against any tenant who permits any person to occupy	718
residential premises located within one thousand feet of any	719
school premises if both of the following apply to the person:	720

(a) The person's name appears on the state registry of sex	721
offenders and child-victim offenders maintained under section	722
2950.13 of the Revised Code.	723

(b) The state registry of sex offenders and child-victim	724
offenders indicates that the person was convicted of or pleaded	725
guilty to either a sexually oriented offense that is not a	726
registration-exempt sexually oriented offense or a child-victim	727
oriented offense in a criminal prosecution and was not sentenced	728
to a serious youthful offender dispositional sentence for that	729
offense.	730

(B) If a tenant or manufactured home park resident holding	731
under an oral tenancy is in default in the payment of rent, hethe	732
tenant or resident forfeits histhe right of occupancy, and the	733
landlord may, at histhe landlord's option, terminate the tenancy	734
by notifying the tenant or resident, as provided in section	735
1923.04 of the Revised Code, to leave the premises, for the	736
restitution of which an action may then be brought under this	737
chapter.	738

(C)(1) If a tenant or any other person with the tenant's	739
permission resides in or occupies residential premises that are	740
located within one thousand feet of any school premises and is a	741
resident or occupant of the type described in division (A)(13) of	742
this section or a person of the type described in division (A)(14)	743
of this section, the landlord for those residential premises, upon	744
discovery that the tenant or other person is a resident, occupant,	745
or person of that nature, may terminate the rental agreement or	746
tenancy for those residential premises by notifying the tenant and	747
all other occupants, as provided in section 1923.04 of the Revised	748
Code, to leave the premises.	749

(2) If a landlord is authorized to terminate a rental	750
agreement or tenancy pursuant to division (C)(1) of this section	751
but does not so terminate the rental agreement or tenancy, the	752
landlord is not liable in a tort or other civil action in damages	753
for any injury, death, or loss to person or property that	754
allegedly result from that decision.	755

(D) This chapter does not apply to a student tenant as	756
defined by division (H) of section 5321.01 of the Revised Code	757
when the college or university proceeds to terminate a rental	758
agreement pursuant to section 5321.031 of the Revised Code.	759

Sec. 1923.051.  (A) Notwithstanding the time-for-service of a	760
summons provision of division (A) of section 1923.06 of the	761
Revised Code, if the complaint described in section 1923.05 of the	762
Revised Code that is filed by a landlord in an action under this	763
chapter states that the landlord seeks a judgment of restitution	764
based on the grounds specified in divisions (A)(6)(a) and (b) of	765
section 1923.02 of the Revised Code, then the clerk of the	766
municipal court, county court, or court of common pleas in which	767
the complaint is filed shall cause both of the following to occur:	768

(1) The service and return of the summons in the action in	769
accordance with the Rules of Civil Procedure, which service shall	770
be made, if possible, within three working days after the filing	771
of the complaint;	772

(2) The action to be set for trial onnot later than the	773
thirtieth workingcalendar day after the date that the tenant is	774
served with a copy of the summons in accordance with division	775
(A)(1) of this section.	776

(B) The tenant in an action under this chapter as described	777
in division (A) of this section is not required to file an answer	778
to the complaint of the landlord, and may present any defenses	779
that hethe tenant may possess at the trial of the action in	780
accordance with section 1923.061 of the Revised Code.	781

(C) No continuances of an action under this chapter as	782
described in division (A) of this section shall be permitted under	783
section 1923.08 of the Revised Code, and if the tenant in the	784
action does not appear at the trial and the summons in the action	785
was properly served in accordance with division (A)(1) of this	786
section, then the court shall try the action in accordance with	787
section 1923.07 of the Revised Code.	788

(D) All provisions of this chapter that are not inconsistent	789
with this section shall apply to an action under this chapter as	790
described in division (A) of this section.	791

Sec. 2152.02.  As used in this chapter:

792

(A) "Act charged" means the act that is identified in a	793
complaint, indictment, or information alleging that a child is a	794
delinquent child.	795

(B) "Admitted to a department of youth services facility"	796
includes admission to a facility operated, or contracted for, by	797
the department and admission to a comparable facility outside this	798
state by another state or the United States.	799

(C)(1) "Child" means a person who is under eighteen years of	800
age, except as otherwise provided in divisions (C)(2) to (6) of	801
this section.	802

(2) Subject to division (C)(3) of this section, any person	803
who violates a federal or state law or a municipal ordinance prior	804
to attaining eighteen years of age shall be deemed a "child"	805
irrespective of that person's age at the time the complaint with	806
respect to that violation is filed or the hearing on the complaint	807
is held.	808

(3) Any person who, while under eighteen years of age,	809
commits an act that would be a felony if committed by an adult and	810
who is not taken into custody or apprehended for that act until	811
after the person attains twenty-one years of age is not a child in	812
relation to that act.	813

(4) Any person whose case is transferred for criminal	814
prosecution pursuant to section 2152.12 of the Revised Code shall	815
be deemed after the transfer not to be a child in the transferred	816
case.	817

(5) Any person whose case is transferred for criminal	818
prosecution pursuant to section 2152.12 of the Revised Code and	819
who subsequently is convicted of or pleads guilty to a felony in	820
that case, and any person who is adjudicated a delinquent child	821
for the commission of an act, who has a serious youthful offender	822
dispositional sentence imposed for the act pursuant to section	823
2152.13 of the Revised Code, and whose adult portion of the	824
dispositional sentence is invoked pursuant to section 2152.14 of	825
the Revised Code, shall be deemed after the transfer or invocation	826
not to be a child in any case in which a complaint is filed	827
against the person.	828

(6) The juvenile court has jurisdiction over a person who is	829
adjudicated a delinquent child or juvenile traffic offender prior	830
to attaining eighteen years of age until the person attains	831
twenty-one years of age, and, for purposes of that jurisdiction	832
related to that adjudication, a person who is so adjudicated a	833
delinquent child or juvenile traffic offender shall be deemed a	834
"child" until the person attains twenty-one years of age.	835

(D) "Chronic truant" means any child of compulsory school age	836
who is absent without legitimate excuse for absence from the	837
public school the child is supposed to attend for seven or more	838
consecutive school days, ten or more school days in one school	839
month, or fifteen or more school days in a school year.	840

(E) "Community corrections facility," "public safety beds,"	841
"release authority," and "supervised release" have the same	842
meanings as in section 5139.01 of the Revised Code.	843

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

844

(1) Any child, except a juvenile traffic offender, who	845
violates any law of this state or the United States, or any	846
ordinance of a political subdivision of the state, that would be	847
an offense if committed by an adult;	848

(2) Any child who violates any lawful order of the court made	849
under this chapter or under Chapter 2151. of the Revised Code	850
other than an order issued under section 2151.87 of the Revised	851
Code;	852

(3) Any child who violates division (A) of section 2923.211	853
of the Revised Code;	854

(4) Any child who is a habitual truant and who previously has	855
been adjudicated an unruly child for being a habitual truant;	856

(5) Any child who is a chronic truant.

857

(G) "Discretionary serious youthful offender" means a person	858
who is eligible for a discretionary SYO and who is not transferred	859
to adult court under a mandatory or discretionary transfer.	860

(H) "Discretionary SYO" means a case in which the juvenile	861
court, in the juvenile court's discretion, may impose a serious	862
youthful offender disposition under section 2152.13 of the Revised	863
Code.	864

(I) "Discretionary transfer" means that the juvenile court	865
has discretion to transfer a case for criminal prosecution under	866
division (B) of section 2152.12 of the Revised Code.	867

(J) "Drug abuse offense," "felony drug abuse offense," and	868
"minor drug possession offense" have the same meanings as in	869
section 2925.01 of the Revised Code.	870

(K) "Electronic monitoring device," "certified electronic	871
monitoring device," "electronically monitored house arrest,"	872
"electronic monitoring system," and "certified electronic	873
monitoring system" have the same meanings as in section 2929.23 of	874
the Revised Code.	875

(L) "Economic loss" means any economic detriment suffered by	876
a victim of a delinquent act as a result of the delinquent act and	877
includes any loss of income due to lost time at work because of	878
any injury caused to the victim and any property loss, medical	879
cost, or funeral expense incurred as a result of the delinquent	880
act.	881

(M) "Firearm" has the same meaning as in section 2923.11 of	882
the Revised Code.	883

(N) "Juvenile traffic offender" means any child who violates	884
any traffic law, traffic ordinance, or traffic regulation of this	885
state, the United States, or any political subdivision of this	886
state, other than a resolution, ordinance, or regulation of a	887
political subdivision of this state the violation of which is	888
required to be handled by a parking violations bureau or a joint	889
parking violations bureau pursuant to Chapter 4521. of the Revised	890
Code.	891

(O) A "legitimate excuse for absence from the public school	892
the child is supposed to attend" has the same meaning as in	893
section 2151.011 of the Revised Code.	894

(P) "Mandatory serious youthful offender" means a person who	895
is eligible for a mandatory SYO and who is not transferred to	896
adult court under a mandatory or discretionary transfer.	897

(Q) "Mandatory SYO" means a case in which the juvenile court	898
is required to impose a mandatory serious youthful offender	899
disposition under section 2152.13 of the Revised Code.	900

(R) "Mandatory transfer" means that a case is required to be	901
transferred for criminal prosecution under division (A) of section	902
2152.12 of the Revised Code.	903

(S) "Mental illness" has the same meaning as in section	904
5122.01 of the Revised Code.	905

(T) "Mentally retarded person" has the same meaning as in	906
section 5123.01 of the Revised Code.	907

(U) "Monitored time" and "repeat violent offender" have the	908
same meanings as in section 2929.01 of the Revised Code.	909

(V) "Of compulsory school age" has the same meaning as in	910
section 3321.01 of the Revised Code.	911

(W) "Public record" has the same meaning as in section 149.43	912
of the Revised Code.	913

(X) "Serious youthful offender" means a person who is	914
eligible for a mandatory SYO or discretionary SYO but who is not	915
transferred to adult court under a mandatory or discretionary	916
transfer.	917

(Y) "Sexually oriented offense," "habitual sex offender,"	918
"juvenile sex offender registrant," and "sexual predator,"	919
"presumptive registration-exempt sexually oriented offense,"	920
"registration-exempt sexually oriented offense," "child-victim	921
oriented offense," "habitual child-victim offender," and	922
"child-victim predator" have the same meanings as in section	923
2950.01 of the Revised Code.	924

(Z) "Traditional juvenile" means a case that is not	925
transferred to adult court under a mandatory or discretionary	926
transfer, that is eligible for a disposition under sections	927
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	928
that is not eligible for a disposition under section 2152.13 of	929
the Revised Code.	930

(AA) "Transfer" means the transfer for criminal prosecution	931
of a case involving the alleged commission by a child of an act	932
that would be an offense if committed by an adult from the	933
juvenile court to the appropriate court that has jurisdiction of	934
the offense.	935

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

936

(1) A violation of section 2903.01 or 2903.02 of the Revised	937
Code;	938

(2) A violation of section 2923.02 of the Revised Code	939
involving an attempt to commit aggravated murder or murder.	940

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

941

(1) A violation of section 2903.03, 2905.01, 2907.02,	942
2909.02, 2911.01, or 2911.11 of the Revised Code;	943

(2) A violation of section 2903.04 of the Revised Code that	944
is a felony of the first degree;	945

(3) A violation of section 2907.12 of the Revised Code as it	946
existed prior to September 3, 1996.	947

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	948
child, the court may make any of the following orders of	949
disposition, in addition to any other disposition authorized or	950
required by this chapter:	951

(1) Any order that is authorized by section 2151.353 of the	952
Revised Code for the care and protection of an abused, neglected,	953
or dependent child;	954

(2) Commit the child to the temporary custody of any school,	955
camp, institution, or other facility operated for the care of	956
delinquent children by the county, by a district organized under	957
section 2152.41 or 2151.65 of the Revised Code, or by a private	958
agency or organization, within or without the state, that is	959
authorized and qualified to provide the care, treatment, or	960
placement required;	961

(3) Place the child on community control under any sanctions,	962
services, and conditions that the court prescribes. As a condition	963
of community control in every case and in addition to any other	964
condition that it imposes upon the child, the court shall require	965
the child to abide by the law during the period of community	966
control. As referred to in this division, community control	967
includes, but is not limited to, the following sanctions and	968
conditions:	969

(a) A period of basic probation supervision in which the	970
child is required to maintain contact with a person appointed to	971
supervise the child in accordance with sanctions imposed by the	972
court;	973

(b) A period of intensive probation supervision in which the	974
child is required to maintain frequent contact with a person	975
appointed by the court to supervise the child while the child is	976
seeking or maintaining employment and participating in training,	977
education, and treatment programs as the order of disposition;	978

(c) A period of day reporting in which the child is required	979
each day to report to and leave a center or another approved	980
reporting location at specified times in order to participate in	981
work, education or training, treatment, and other approved	982
programs at the center or outside the center;	983

(d) A period of community service of up to five hundred hours	984
for an act that would be a felony or a misdemeanor of the first	985
degree if committed by an adult, up to two hundred hours for an	986
act that would be a misdemeanor of the second, third, or fourth	987
degree if committed by an adult, or up to thirty hours for an act	988
that would be a minor misdemeanor if committed by an adult;	989

(e) A requirement that the child obtain a high school	990
diploma, a certificate of high school equivalence, vocational	991
training, or employment;	992

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

993

(g) A requirement of alcohol or drug assessment or	994
counseling, or a period in an alcohol or drug treatment program	995
with a level of security for the child as determined necessary by	996
the court;	997

(h) A period in which the court orders the child to observe a	998
curfew that may involve daytime or evening hours;	999

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

1000

(j) A period of house arrest with or without electronic	1001
monitoring;	1002

(k) A period of electronic monitoring without house arrest or	1003
electronically monitored house arrest that does not exceed the	1004
maximum sentence of imprisonment that could be imposed upon an	1005
adult who commits the same act.	1006

A period of electronically monitored house arrest imposed	1007
under this division shall not extend beyond the child's	1008
twenty-first birthday. If a court imposes a period of	1009
electronically monitored house arrest upon a child under this	1010
division, it shall require the child: to wear, otherwise have	1011
attached to the child's person, or otherwise be subject to	1012
monitoring by a certified electronic monitoring device or to	1013
participate in the operation of and monitoring by a certified	1014
electronic monitoring system; to remain in the child's home or	1015
other specified premises for the entire period of electronically	1016
monitored house arrest except when the court permits the child to	1017
leave those premises to go to school or to other specified	1018
premises; to be monitored by a central system that can determine	1019
the child's location at designated times; to report periodically	1020
to a person designated by the court; and to enter into a written	1021
contract with the court agreeing to comply with all requirements	1022
imposed by the court, agreeing to pay any fee imposed by the court	1023
for the costs of the electronically monitored house arrest, and	1024
agreeing to waive the right to receive credit for any time served	1025
on electronically monitored house arrest toward the period of any	1026
other dispositional order imposed upon the child if the child	1027
violates any of the requirements of the dispositional order of	1028
electronically monitored house arrest. The court also may impose	1029
other reasonable requirements upon the child.	1030

Unless ordered by the court, a child shall not receive credit	1031
for any time served on electronically monitored house arrest	1032
toward any other dispositional order imposed upon the child for	1033
the act for which was imposed the dispositional order of	1034
electronically monitored house arrest.	1035

(l) A suspension of the driver's license, probationary	1036
driver's license, or temporary instruction permit issued to the	1037
child or a suspension of the registration of all motor vehicles	1038
registered in the name of the child. A child whose license or	1039
permit is so suspended is ineligible for issuance of a license or	1040
permit during the period of suspension. At the end of the period	1041
of suspension, the child shall not be reissued a license or permit	1042
until the child has paid any applicable reinstatement fee and	1043
complied with all requirements governing license reinstatement.	1044

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

1045

(5) Require the child to not be absent without legitimate	1046
excuse from the public school the child is supposed to attend for	1047
five or more consecutive days, seven or more school days in one	1048
school month, or twelve or more school days in a school year;	1049

(6)(a) If a child is adjudicated a delinquent child for being	1050
a chronic truant or an habitual truant who previously has been	1051
adjudicated an unruly child for being a habitual truant, do either	1052
or both of the following:	1053

(i) Require the child to participate in a truancy prevention	1054
mediation program;	1055

(ii) Make any order of disposition as authorized by this	1056
section, except that the court shall not commit the child to a	1057
facility described in division (A)(2) of this section unless the	1058
court determines that the child violated a lawful court order made	1059
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	1060
Code or division (A)(5) of this section.	1061

(b) If a child is adjudicated a delinquent child for being a	1062
chronic truant or a habitual truant who previously has been	1063
adjudicated an unruly child for being a habitual truant and the	1064
court determines that the parent, guardian, or other person having	1065
care of the child has failed to cause the child's attendance at	1066
school in violation of section 3321.38 of the Revised Code, do	1067
either or both of the following:	1068

(i) Require the parent, guardian, or other person having care	1069
of the child to participate in a truancy prevention mediation	1070
program;	1071

(ii) Require the parent, guardian, or other person having	1072
care of the child to participate in any community service program,	1073
preferably a community service program that requires the	1074
involvement of the parent, guardian, or other person having care	1075
of the child in the school attended by the child.	1076

(7) Make any further disposition that the court finds proper,	1077
except that the child shall not be placed in any of the following:	1078

(a) A state correctional institution, a county, multicounty,	1079
or municipal jail or workhouse, or another place in which an adult	1080
convicted of a crime, under arrest, or charged with a crime is	1081
held;	1082

(b) A community corrections facility, if the child would be	1083
covered by the definition of public safety beds for purposes of	1084
sections 5139.41 to 5139.45 of the Revised Code if the court	1085
exercised its authority to commit the child to the legal custody	1086
of the department of youth services for institutionalization or	1087
institutionalization in a secure facility pursuant to this	1088
chapter.	1089

(B) If a child is adjudicated a delinquent child, in addition	1090
to any order of disposition made under division (A) of this	1091
section, the court, in the following situations, shall suspend the	1092
child's temporary instruction permit, restricted license,	1093
probationary driver's license, or nonresident operating privilege,	1094
or suspend the child's ability to obtain such a permit:	1095

(1) The child is adjudicated a delinquent child for violating	1096
section 2923.122 of the Revised Code, with the suspension and	1097
denial being in accordance with division (E)(1)(a), (c), (d), or	1098
(e) of section 2923.122 of the Revised Code.	1099

(2) The child is adjudicated a delinquent child for	1100
committing an act that if committed by an adult would be a drug	1101
abuse offense or for violating division (B) of section 2917.11 of	1102
the Revised Code, with the suspension continuing until the child	1103
attends and satisfactorily completes a drug abuse or alcohol abuse	1104
education, intervention, or treatment program specified by the	1105
court. During the time the child is attending the program, the	1106
court shall retain any temporary instruction permit, probationary	1107
driver's license, or driver's license issued to the child, and the	1108
court shall return the permit or license when the child	1109
satisfactorily completes the program.	1110

(C) The court may establish a victim-offender mediation	1111
program in which victims and their offenders meet to discuss the	1112
offense and suggest possible restitution. If the court obtains the	1113
assent of the victim of the delinquent act committed by the child,	1114
the court may require the child to participate in the program.	1115

(D)(1) If a child is adjudicated a delinquent child for	1116
committing an act that would be a felony if committed by an adult	1117
and if the child caused, attempted to cause, threatened to cause,	1118
or created a risk of physical harm to the victim of the act, the	1119
court, prior to issuing an order of disposition under this	1120
section, shall order the preparation of a victim impact statement	1121
by the probation department of the county in which the victim of	1122
the act resides, by the court's own probation department, or by a	1123
victim assistance program that is operated by the state, a county,	1124
a municipal corporation, or another governmental entity. The court	1125
shall consider the victim impact statement in determining the	1126
order of disposition to issue for the child.	1127

(2) Each victim impact statement shall identify the victim of	1128
the act for which the child was adjudicated a delinquent child,	1129
itemize any economic loss suffered by the victim as a result of	1130
the act, identify any physical injury suffered by the victim as a	1131
result of the act and the seriousness and permanence of the	1132
injury, identify any change in the victim's personal welfare or	1133
familial relationships as a result of the act and any	1134
psychological impact experienced by the victim or the victim's	1135
family as a result of the act, and contain any other information	1136
related to the impact of the act upon the victim that the court	1137
requires.	1138

(3) A victim impact statement shall be kept confidential and	1139
is not a public record. However, the court may furnish copies of	1140
the statement to the department of youth services if the	1141
delinquent child is committed to the department or to both the	1142
adjudicated delinquent child or the adjudicated delinquent child's	1143
counsel and the prosecuting attorney. The copy of a victim impact	1144
statement furnished by the court to the department pursuant to	1145
this section shall be kept confidential and is not a public	1146
record. If an officer is preparing pursuant to section 2947.06 or	1147
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1148
investigation report pertaining to a person, the court shall make	1149
available to the officer, for use in preparing the report, a copy	1150
of any victim impact statement regarding that person. The copies	1151
of a victim impact statement that are made available to the	1152
adjudicated delinquent child or the adjudicated delinquent child's	1153
counsel and the prosecuting attorney pursuant to this division	1154
shall be returned to the court by the person to whom they were	1155
made available immediately following the imposition of an order of	1156
disposition for the child under this chapter.	1157

The copy of a victim impact statement that is made available	1158
pursuant to this division to an officer preparing a criminal	1159
presentence investigation report shall be returned to the court by	1160
the officer immediately following its use in preparing the report.	1161

(4) The department of youth services shall work with local	1162
probation departments and victim assistance programs to develop a	1163
standard victim impact statement.	1164

(E) If a child is adjudicated a delinquent child for being a	1165
chronic truant or an habitual truant who previously has been	1166
adjudicated an unruly child for being an habitual truant and the	1167
court determines that the parent, guardian, or other person having	1168
care of the child has failed to cause the child's attendance at	1169
school in violation of section 3321.38 of the Revised Code, in	1170
addition to any order of disposition it makes under this section,	1171
the court shall warn the parent, guardian, or other person having	1172
care of the child that any subsequent adjudication of the child as	1173
an unruly or delinquent child for being an habitual or chronic	1174
truant may result in a criminal charge against the parent,	1175
guardian, or other person having care of the child for a violation	1176
of division (C) of section 2919.21 or section 2919.24 of the	1177
Revised Code.	1178

(F)(1) During the period of a delinquent child's community	1179
control granted under this section, authorized probation officers	1180
who are engaged within the scope of their supervisory duties or	1181
responsibilities may search, with or without a warrant, the person	1182
of the delinquent child, the place of residence of the delinquent	1183
child, and a motor vehicle, another item of tangible or intangible	1184
personal property, or other real property in which the delinquent	1185
child has a right, title, or interest or for which the delinquent	1186
child has the express or implied permission of a person with a	1187
right, title, or interest to use, occupy, or possess if the	1188
probation officers have reasonable grounds to believe that the	1189
delinquent child is not abiding by the law or otherwise is not	1190
complying with the conditions of the delinquent child's community	1191
control. The court that places a delinquent child on community	1192
control under this section shall provide the delinquent child with	1193
a written notice that informs the delinquent child that authorized	1194
probation officers who are engaged within the scope of their	1195
supervisory duties or responsibilities may conduct those types of	1196
searches during the period of community control if they have	1197
reasonable grounds to believe that the delinquent child is not	1198
abiding by the law or otherwise is not complying with the	1199
conditions of the delinquent child's community control. The court	1200
also shall provide the written notice described in division (E)(2)	1201
of this section to each parent, guardian, or custodian of the	1202
delinquent child who is described in that division.	1203

(2) The court that places a child on community control under	1204
this section shall provide the child's parent, guardian, or other	1205
custodian with a written notice that informs them that authorized	1206
probation officers may conduct searches pursuant to division	1207
(E)(1) of this section. The notice shall specifically state that a	1208
permissible search might extend to a motor vehicle, another item	1209
of tangible or intangible personal property, or a place of	1210
residence or other real property in which a notified parent,	1211
guardian, or custodian has a right, title, or interest and that	1212
the parent, guardian, or custodian expressly or impliedly permits	1213
the child to use, occupy, or possess.	1214

(G) If a juvenile court commits a delinquent child to the	1215
custody of any person, organization, or entity pursuant to this	1216
section and if the delinquent act for which the child is so	1217
committed is a sexually oriented offense that is not a	1218
registration-exempt sexually oriented offense or is a child-victim	1219
oriented offense, the court in the order of disposition shall do	1220
one of the following:	1221

(1) Require that the child be provided treatment as described	1222
in division (A)(2) of section 5139.13 of the Revised Code;	1223

(2) Inform the person, organization, or entity that it is the	1224
preferred course of action in this state that the child be	1225
provided treatment as described in division (A)(2) of section	1226
5139.13 of the Revised Code and encourage the person,	1227
organization, or entity to provide that treatment.	1228

Sec. 2152.191.  If a child is adjudicated a delinquent child	1229
for committing a sexually oriented offense that is not a	1230
registration-exempt sexually oriented offense or for committing a	1231
child-victim oriented offense, if the child is fourteen years of	1232
age or older at the time of committing the offense, and if the	1233
child committed the offense on or after the effective date of this	1234
section, allJanuary 1, 2002, both of the following apply:	1235

(A) Sections 2152.82 to 2152.85 and Chapter 2950. of the	1236
Revised Code apply to the child and the adjudication.	1237

(B) In addition to any order of disposition it makes of the	1238
child under this chapter, the court may make any determination,	1239
adjudication, or order authorized under sections 2152.82 to	1240
2152.85 and Chapter 2950. of the Revised Code and shall make any	1241
determination, adjudication, or order required under those	1242
sections and that chapter.	1243

Sec. 2152.811. If a court adjudicates a child a delinquent	1244
child for committing a presumptive registration-exempt sexually	1245
oriented offense, the court may determine pursuant to section	1246
2950.021 of the Revised Code, prior to making an order of	1247
disposition for the child, that the child potentially should be	1248
subjected to classification as a juvenile offender registrant	1249
under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the	1250
Revised Code and to registration under section 2950.04 of the	1251
Revised Code and all other duties and responsibilities generally	1252
imposed under Chapter 2950. of the Revised Code upon persons who	1253
are adjudicated delinquent children for committing a sexually	1254
oriented offense other than a presumptive registration-exempt	1255
sexually oriented offense. If the court so determines, divisions	1256
(B)(1) and (3) of section 2950.021 of the Revised Code apply, and	1257
the court shall proceed as described in those divisions.	1258

Sec. 2152.82. (A) The court that adjudicates a child a	1259
delinquent child shall issue as part of the dispositional order an	1260
order that classifies the child a juvenile sex offender registrant	1261
and specifies that the child has a duty to register under section	1262
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1263
the Revised Code if all of the following apply:	1264

(1) The act for which the child is adjudicated a delinquent	1265
child is a sexually oriented offense that is not a	1266
registration-exempt sexually oriented offense or is a child-victim	1267
oriented offense that the child committed on or after January 1,	1268
2002.	1269

(2) The child was fourteen, fifteen, sixteen, or seventeen	1270
years of age at the time of committing the offense.	1271

(3) The court has determined that the child previously was	1272
convicted of, pleaded guilty to, or was adjudicated a delinquent	1273
child for committing any sexually oriented offense or child-victim	1274
oriented offense, regardless of when the prior offense was	1275
committed and regardless of the child's age at the time of	1276
committing the offense.	1277

(B) An order required under division (A) of this section	1278
shall be issued at the time the judge makes the orders of	1279
disposition for the delinquent child. Prior to issuing the order	1280
required by division (A) of this section, the judge shall conduct	1281
the hearing and make the determinations required by division (B)	1282
of section 2950.09 of the Revised Code regarding a sexually	1283
oriented offense that is not a registration-exempt sexually	1284
oriented offense or division (B) of section 2950.091 of the	1285
Revised Code regarding a child-victim oriented offense to	1286
determine if the child is to be classified a sexual predator or a	1287
child-victim predator, shall make the determinations required by	1288
division (E) of that section 2950.09 of the Revised Code regarding	1289
a sexually oriented offense that is not a registration-exempt	1290
sexually oriented offense or division (E) of section 2950.091 of	1291
the Revised Code regarding a child-victim oriented offense to	1292
determine if the child is to be classified a habitual sex offender	1293
or a habitual child-victim offender, and shall otherwise comply	1294
with those divisions. When a judge issues an order under division	1295
(A) of this section, all of the following apply:	1296

(1) The judge shall include in the order any determination	1297
that the delinquent child is, or is not, a sexual predator or	1298
child-victim predator or is, or is not, a habitual sex offender or	1299
habitual child-victim offender that the judge makes pursuant to	1300
division (B) or (E) of section 2950.09 or 2950.091 of the Revised	1301
Code and any related information required or authorized under the	1302
division under which the determination is made, including, but not	1303
limited to, any requirement imposed by the court subjecting a	1304
child who is a habitual sex offender or habitual child-victim	1305
offender to community notification provisions as described in	1306
division (E) of that section 2950.09 or 2950.091 of the Revised	1307
Code.	1308

(2) The judge shall include in the order a statement that,	1309
upon completion of the disposition of the delinquent child that	1310
was made for the sexually oriented offense or child-victim	1311
oriented offense upon which the order is based, a hearing will be	1312
conducted, and the order and any determinations included in the	1313
order are subject to modification or termination pursuant to	1314
sections 2152.84 and 2152.85 of the Revised Code.	1315

(3) The judge shall provide a copy of the order to the	1316
delinquent child and to the delinquent child's parent, guardian,	1317
or custodian, as part of the notice providedrequired under	1318
divisions (A) and (B) of section 2950.03 of the Revised Code and	1319
shall provide as part of that notice a copy of the order.	1320

(4) The judge shall include the order in the delinquent	1321
child's dispositional order and shall specify in the dispositional	1322
order that the order issued under division (A) of this section was	1323
made pursuant to this section.	1324

(C) An order issued under division (A) of this section and	1325
any determinations included in the order shall remain in effect	1326
for the period of time specified in section 2950.07 of the Revised	1327
Code, subject to a modification or termination of the order under	1328
section 2152.84 or 2152.85 of the Revised Code, and section	1329
2152.851 of the Revised Code applies regarding the order and the	1330
determinations. If an order is issued under division (A) of this	1331
section, the child's attainment of eighteen or twenty-one years of	1332
age does not affect or terminate the order, and the order remains	1333
in effect for the period of time described in this division.	1334

(D) A court that adjudicates a child a delinquent child for a	1335
sexually oriented offense that is a registration-exempt sexually	1336
oriented offense shall not issue based on that adjudication an	1337
order under this section that classifies the child a juvenile	1338
offender registrant and specifies that the child has a duty to	1339
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1340
the Revised Code.	1341

Sec. 2152.83. (A)(1) The court that adjudicates a child a	1342
delinquent child shall issue as part of the dispositional order	1343
or, if the court commits the child for the delinquent act to the	1344
custody of a secure facility, shall issue at the time of the	1345
child's release from the secure facility, an order that classifies	1346
the child a juvenile sex offender registrant and specifies that	1347
the child has a duty to register under sectioncomply with	1348
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1349
Code if all of the following apply:	1350

(a) The act for which the child is or was adjudicated a	1351
delinquent child is a sexually oriented offense that is not a	1352
registration-exempt sexually oriented offense or is a child-victim	1353
oriented offense that the child committed on or after January 1,	1354
2002.	1355

(b) The child was sixteen or seventeen years of age at the	1356
time of committing the offense.	1357

(c) The court was not required to classify the child a	1358
juvenile sex offender registrant under section 2152.82 of the	1359
Revised Code.	1360

(2) Prior to issuing the order required by division (A)(2) of	1361
this section, the judge shall conduct the hearing and make the	1362
determinations required by division (B) of section 2950.09 of the	1363
Revised Code regarding a sexually oriented offense that is not a	1364
registration-exempt sexually oriented offense or division (B) of	1365
section 2950.091 of the Revised Code regarding a child-victim	1366
oriented offense to determine if the child is to be classified as	1367
a sexual predator or a child-victim predator, shall make the	1368
determinations required by division (E) of that section 2950.09 of	1369
the Revised Code regarding a sexually oriented offense that is not	1370
a registration-exempt sexually oriented offense or division (E) of	1371
section 2950.091 of the Revised Code regarding a child-victim	1372
oriented offense to determine if the child is to be classified as	1373
a habitual sex offender or a habitual child-victim offender, and	1374
shall otherwise comply with those divisions. When a judge issues	1375
an order under division (A)(1) of this section, the judge shall	1376
include in the order all of the determinations and information	1377
identified in division (B)(1) of section 2152.82 of the Revised	1378
Code that are relevant.	1379

(B)(1) The court that adjudicates a child a delinquent child,	1380
on the judge's own motion, may conduct at the time of disposition	1381
of the child or, if the court commits the child for the delinquent	1382
act to the custody of a secure facility, may conduct at the time	1383
of the child's release from the secure facility, a hearing for the	1384
purposes described in division (B)(2) of this section if all of	1385
the following apply:	1386

(a) The act for which the child is adjudicated a delinquent	1387
child is a sexually oriented offense that is not a	1388
registration-exempt sexually oriented offense or is a child-victim	1389
oriented offense that the child committed on or after January 1,	1390
2002.	1391

(b) The child was fourteen or fifteen years of age at the	1392
time of committing the offense.	1393

(c) The court was not required to classify the child a	1394
juvenile sex offender registrant under section 2152.82 of the	1395
Revised Code.	1396

(2) A judge shall conduct a hearing under division (B)(1) of	1397
this section to review the effectiveness of the disposition made	1398
of the child and of any treatment provided for the child placed in	1399
a secure setting and to determine whether the child should be	1400
classified a juvenile sex offender registrant. The judge may	1401
conduct the hearing on the judge's own initiative or based upon a	1402
recommendation of an officer or employee of the department of	1403
youth services, a probation officer, an employee of the court, or	1404
a prosecutor or law enforcement officer. If the judge conducts the	1405
hearing, upon completion of the hearing, the judge, in the judge's	1406
discretion and after consideration of the factors listed in	1407
division (E) of this section, shall do either of the following:	1408

(a) Decline to issue an order that classifies the child a	1409
juvenile sex offender registrant and specifies that the child has	1410
a duty to register under sectioncomply with sections 2950.04,	1411
2950.041, 2950.05, and 2950.06 of the Revised Code;	1412

(b) Issue an order that classifies the child a juvenile sex	1413
offender registrant and specifies that the child has a duty to	1414
register under sectioncomply with sections 2950.04, 2950.041,	1415
2950.05, and 2950.06 of the Revised Code and, if the judge	1416
determinesconducts a hearing as described in division (C) of this	1417
section thatto determine whether the child is a sexual predator	1418
or child-victim predator or a habitual sex offender or habitual	1419
child-victim offender, include in the order a statement that the	1420
judge has determined that the child is, or is not, a sexual	1421
predator or a, child-victim predator, habitual sex offender, or	1422
habitual child-victim offender, whichever is applicable.	1423

(C) A judge may issue an order under division (B) of this	1424
section that contains a determination that a delinquent child is a	1425
sexual predator or child-victim predator only if the judge, in	1426
accordance with the procedures specified in division (B) of	1427
section 2950.09 of the Revised Code regarding sexual predators or	1428
division (B) of section 2950.091 of the Revised Code regarding	1429
child-victim predators, determines at the hearing by clear and	1430
convincing evidence that the child is a sexual predator or a	1431
child-victim predator. A judge may issue an order under division	1432
(B) of this section that contains a determination that a	1433
delinquent child is a habitual sex offender or a habitual	1434
child-victim offender only if the judge at the hearing determines	1435
as described in division (E) of section 2950.09 of the Revised	1436
Code regarding habitual sex offenders or division (E) of section	1437
2950.091 of the Revised Code regarding habitual child-victim	1438
offenders that the child is a habitual sex offender or a habitual	1439
child-victim offender. If the judge issues an order under division	1440
(B) of this section that contains a determination that a	1441
delinquent child is a habitual sex offender or a habitual	1442
child-victim offender, the judge may impose a requirement	1443
subjecting the child to community notification provisions as	1444
described in division (E) of section 2950.09 or 2950.091 of the	1445
Revised Code, whichever is applicable. If the court conducts a	1446
hearing as described in this division to determine whether the	1447
child is a sexual predator or child-victim predator or a habitual	1448
sex offender or habitual child-victim offender, the judge shall	1449
comply with division (B) or (E) of section 2950.09 or 2950.091 of	1450
the Revised Code, whichever is applicable, in all regards.	1451

(D) If a judge issues an order under division (A) or (B) of	1452
this section, the judge shall provide to the delinquent child and	1453
to the delinquent child's parent, guardian, or custodian a copy of	1454
the order and a notice containing the information described in	1455
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1456
judge shall provide the notice at the time of the issuance of the	1457
order, shall provide the notice as described in division (B)(1)(c)	1458
of that section, and shall comply with divisions (B)(1), (B)(2),	1459
and (C) of that section regarding that notice and the provision of	1460
it.	1461

The judge also shall include in the order a statement that,	1462
upon completion of the disposition of the delinquent child that	1463
was made for the sexually oriented offense or child-victim	1464
oriented offense upon which the order is based, a hearing will be	1465
conducted and the order is subject to modification or termination	1466
pursuant to section 2152.84 of the Revised Code.	1467

(E) In making a decision under division (B) of this section	1468
as to whether a delinquent child should be classified a juvenile	1469
sex offender registrant and, if so, whether the child also is a	1470
sexual predator or child-victim predator or a habitual sex	1471
offender or habitual child-victim offender, a judge shall consider	1472
all relevant factors, including, but not limited to, all of the	1473
following:	1474

(1) The nature of the sexually oriented offense that is not a	1475
registration-exempt sexually oriented offense or the child-victim	1476
oriented offense committed by the child;	1477

(2) Whether the child has shown any genuine remorse or	1478
compunction for the offense;	1479

(3) The public interest and safety;

1480

(4) The factors set forth in division (B)(3) of section	1481
2950.09 or 2950.091 of the Revised Code, whichever is applicable;	1482

(5) The factors set forth in divisions (B) and (C) of section	1483
2929.12 of the Revised Code as those factors apply regarding the	1484
delinquent child, the offense, and the victim;	1485

(6) The results of any treatment provided to the child and of	1486
any follow-up professional assessment of the child.	1487

(F) An order issued under division (A) or (B) of this section	1488
and any determinations included in the order shall remain in	1489
effect for the period of time specified in section 2950.07 of the	1490
Revised Code, subject to a modification or termination of the	1491
order under section 2152.84 of the Revised Code, and section	1492
2152.851 of the Revised Code applies regarding the order and the	1493
determinations. The child's attainment of eighteen or twenty-one	1494
years of age does not affect or terminate the order, and the order	1495
remains in effect for the period of time described in this	1496
division.	1497

(G) A court that adjudicates a child a delinquent child for a	1498
sexually oriented offense that is a registration-exempt sexually	1499
oriented offense shall not issue based on that adjudication an	1500
order under this section that classifies the child a juvenile	1501
offender registrant and specifies that the child has a duty to	1502
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1503
the Revised Code.	1504

(H) As used in the section, "secure facility" has the same	1505
meaning as in section 2950.01 of the Revised Code.	1506

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	1507
order under section 2152.82 or division (A) or (B) of section	1508
2152.83 of the Revised Code that classifies a delinquent child a	1509
juvenile sex offender registrant and specifies that the child has	1510
a duty to register under sectioncomply with sections 2950.04,	1511
2950.041, 2950.05, and 2950.06 of the Revised Code, upon	1512
completion of the disposition of that child made for the sexually	1513
oriented offense that is not a registration-exempt sexually	1514
oriented offense or the child-victim oriented offense on which the	1515
juvenile sex offender registrant order was based, the judge or the	1516
judge's successor in office shall conduct a hearing to review the	1517
effectiveness of the disposition and of any treatment provided for	1518
the child, to determine the risks that the child might re-offend,	1519
and to determine whether the prior classification of the child as	1520
a juvenile sex offender registrant and, if applicable, as a sexual	1521
predator or child-victim predator or as a habitual sex offender or	1522
habitual child-victim offender should be continued, modified, or	1523
terminated as provided under division (A)(2) of this section.	1524

(2) Upon completion of a hearing under division (A)(1) of	1525
this section, the judge, in the judge's discretion and after	1526
consideration of the factors listed in division (E) of section	1527
2152.83 of the Revised Code, shall do one of the following, as	1528
applicable:	1529

(a) Enter an order that continues the classification of the	1530
delinquent child made in the prior order issued under section	1531
2152.82 or division (A) or (B) of section 2152.83 of the Revised	1532
Code, and any sexual predator or, child-victim predator, habitual	1533
sex offender, or habitual child-victim offender determination	1534
included in the order;	1535

(b) If the prior order was issued under section 2152.82 or	1536
division (A) of section 2152.83 of the Revised Code and includes a	1537
determination by the judge that the delinquent child is a sexual	1538
predator or child-victim predator, enter, as applicable, an order	1539
that contains a determination that the delinquent child no longer	1540
is a sexual predator, the reason or reasons for that	1541
determination, and that also contains either a determination that	1542
the delinquent child is a habitual sex offender or a determination	1543
that the delinquent child remains a juvenile sex offender	1544
registrant but is not a sexual predator or habitual sex offender,	1545
or an order that contains a determination that the child no longer	1546
is a child-victim predator, the reason or reasons for that	1547
determination, and either a determination that the child is a	1548
habitual child-victim offender or a determination that the child	1549
remains a juvenile offender registrant but is not a child-victim	1550
predator or habitual child-victim offender;	1551

(c) If the prior order was issued under section 2152.82 or	1552
division (A) of section 2152.83 of the Revised Code and does not	1553
include a sexual predator or child-victim predator determination	1554
as described in division (A)(2)(b) of this section but includes a	1555
determination by the judge that the delinquent child is a habitual	1556
sex offender or a habitual child-victim offender, enter, as	1557
applicable, an order that contains a determination that the	1558
delinquent child no longer is a habitual sex offender and that	1559
also contains a determination that the delinquent child remains a	1560
juvenile sex offender registrant but is not a habitual sex	1561
offender, or an order that contains a determination that the child	1562
no longer is a habitual child-victim offender and a determination	1563
that the child remains a juvenile offender registrant but is not a	1564
habitual child-victim offender;	1565

(d) If the prior order was issued under division (B) of	1566
section 2152.83 of the Revised Code and includes a determination	1567
by the judge that the delinquent child is a sexual predator or	1568
child-victim predator, enter, as applicable, an order that	1569
contains a determination that the delinquent child no longer is a	1570
sexual predator, the reason or reasons for that determination, and	1571
that also containseither a determination that the delinquent	1572
child is a habitual sex offender, a determination that the	1573
delinquent child remains a juvenile sex offender registrant but is	1574
not a sexual predator or habitual sex offender, or a determination	1575
that specifies that the delinquent child no longer is a juvenile	1576
sex offender registrant and no longer has a duty to register under	1577
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	1578
Revised Code, or an order that contains a determination that the	1579
child no longer is a child-victim predator, the reason or reasons	1580
for that determination, and either a determination that the child	1581
is a habitual child-victim offender, a determination that the	1582
child remains a juvenile offender registrant but is not a	1583
child-victim predator or habitual child-victim offender, or a	1584
determination that the child no longer is a juvenile offender	1585
registrant and no longer has a duty to comply with sections	1586
2950.041, 2950.05, and 2950.06 of the Revised Code;	1587

(e) If the prior order was issued under division (B) of	1588
section 2152.83 of the Revised Code and does not include a sexual	1589
predator or child-victim predator determination as described in	1590
division (A)(2)(d) of this section but includes a determination by	1591
the judge that the delinquent child is a habitual sex offender or	1592
habitual child-victim offender, enter, as applicable, an order	1593
that contains a determination that the child no longer is a	1594
habitual sex offender and that also contains either a	1595
determination that the child remains a juvenile sex offender	1596
registrant but is not a sexual predator or habitual sex offender	1597
or a determination that specifies that the child no longer is a	1598
juvenile sex offender registrant and no longer has a duty to	1599
register under sectioncomply with sections 2950.04, 2950.05, and	1600
2950.06 of the Revised Code, or an order that contains a	1601
determination that the child no longer is a habitual child-victim	1602
offender and either a determination that the child remains a	1603
juvenile offender registrant but is not a child-victim predator or	1604
habitual child-victim offender or a determination that the child	1605
no longer is a juvenile offender registrant and no longer has a	1606
duty to comply with sections 2950.041, 2950.05, and 2950.06 of the	1607
Revised Code;	1608

(f) If the prior order was issued under division (B) of	1609
section 2152.83 of the Revised Code and does not include a sexual	1610
predator or child-victim predator determination or a habitual sex	1611
offender or habitual child-victim offender determination as	1612
described in divisions (A)(2)(d) and (e) of this section, enter,	1613
as applicable, an order that contains a determination that the	1614
delinquent child no longer is a juvenile sex offender registrant	1615
and no longer has a duty to register under sectioncomply with	1616
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an	1617
order that contains a determination that the delinquent child no	1618
longer is a juvenile offender registrant and no longer has a duty	1619
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1620
Revised Code.	1621

(B) If a judge issues an order under division (A)(2)(a) of	1622
this section that continues the prior classification of the	1623
delinquent child as a juvenile sex offender registrant and any	1624
sexual predator or habitual sex offender determination included in	1625
the order, or that continues the prior classification of the	1626
delinquent child as a juvenile offender registrant and any	1627
child-victim predator or habitual child-victim offender	1628
determination included in the order, the prior classification and	1629
the prior determination, if applicable, shall remain in effect.	1630

A judge may issue an order under division (A)(2) of this	1631
section that contains a determination that a child no longer is a	1632
sexual predator or no longer is a child-victim predator only if	1633
the judge, in accordance with the procedures specified in division	1634
(D)(1) of section 2950.09 of the Revised Code regarding a sexual	1635
predator, determines at the hearing by clear and convincing	1636
evidence that the delinquent child is unlikely to commit a	1637
sexually oriented offense in the future, or the judge, in	1638
accordance with the procedures specified in division (D)(1) of	1639
section 2950.091 of the Revised Code regarding a child-victim	1640
predator, determines at the hearing by clear and convincing	1641
evidence that the delinquent child is unlikely to commit a	1642
child-victim oriented offense in the future. If the judge issues	1643
an order of that type, the judge shall provide the notifications	1644
described in division (D)(1) of section 2950.09 or 2950.091 of the	1645
Revised Code, whichever is applicable, and the recipient of the	1646
notification shall comply with the provisions of that division.	1647

If a judge issues an order under division (A)(2) of this	1648
section that otherwise reclassifies the delinquent child, the	1649
judge shall provide a copy of the order to the bureau of criminal	1650
identification and investigation, and the bureau, upon receipt of	1651
the copy of the order, promptly shall notify the sheriff with whom	1652
the child most recently registered under section 2950.04 or	1653
2950.041 of the Revised Code of the reclassification.	1654

(C) If a judge issues an order under any provision of	1655
division (A)(2) of this section, the judge shall provide to the	1656
delinquent child and to the delinquent child's parent, guardian,	1657
or custodian a copy of the order and a notice containing the	1658
information described in divisions (A) and (B) of section 2950.03	1659
of the Revised Code. The judge shall provide the notice at the	1660
time of the issuance of the order, shall provide the notice as	1661
described in division (B)(1)(c) of that section, and shall comply	1662
with divisions (B)(1), (B)(2), and (C) of that section regarding	1663
that notice and the provision of it.	1664

(D) In making a decision under division (A) of this section,	1665
a judge shall consider all relevant factors, including, but not	1666
limited to, the factors listed in division (E) of section 2152.83	1667
of the Revised Code.	1668

(E) An order issued under division (A)(2) of this section and	1669
any determinations included in the order shall remain in effect	1670
for the period of time specified in section 2950.07 of the Revised	1671
Code, subject to a modification or termination of the order under	1672
section 2152.85 of the Revised Code, and section 2152.851 of the	1673
Revised Code applies regarding the order and the determinations.	1674
If an order is issued under division (A)(2) of this section, the	1675
child's attainment of eighteen or twenty-one years of age does not	1676
affect or terminate the order, and the order remains in effect for	1677
the period of time described in this division.	1678

Sec. 2152.85. (A) Upon the expiration of the applicable	1679
period of time specified in division (B)(1) or (2) of this	1680
section, a delinquent child who has been classified pursuant to	1681
this section or section 2152.82 or 2152.83 of the Revised Code a	1682
juvenile sex offender registrant may petition the judge who made	1683
the classification, or that judge's successor in office, to do one	1684
of the following:	1685

(1) If the order containing the juvenile sex offender	1686
registrant classification also includes a determination by the	1687
juvenile court judge that the delinquent child is a sexual	1688
predator relative to the sexually oriented offenseor child-victim	1689
predator in the manner described in section 2152.82 or 2152.83 of	1690
the Revised Code and that determination remains in effect, to	1691
enter, as applicable, an order that contains a determination that	1692
the child no longer is a sexual predator, the reason or reasons	1693
for that determination, and that also contains either a	1694
determination that the child is a habitual sex offender or a	1695
determination that the child remains a juvenile sex offender	1696
registrant but is not a sexual predator or habitual sex offender,	1697
or an order that contains a determination that the child no longer	1698
is a child-victim predator, the reason or reasons for that	1699
determination, and either a determination that the child is a	1700
habitual child-victim offender or a determination that the child	1701
remains a juvenile offender registrant but is not a child-victim	1702
predator or habitual child-victim offender;	1703

(2) If the order containing the juvenile sex offender	1704
registrant classification under section 2152.82 or 2152.83 of the	1705
Revised Code or under division (C)(2) of this section pursuant to	1706
a petition filed under division (A) of this section does not	1707
include a sexual predator or child-victim predator determination	1708
as described in division (A)(1) of this section but includes a	1709
determination by the juvenile court judge that the delinquent	1710
child is a habitual sex offender relative to the sexually oriented	1711
offenseor a habitual child-victim offender in the manner	1712
described in section 2152.82 or 2152.83 of the Revised Code, or in	1713
this section, and that determination remains in effect, to enter,	1714
as applicable, an order that contains a determination that the	1715
child no longer is a habitual sex offender and that also contains	1716
either a determination that the child remains a juvenile sex	1717
offender registrant or a determination that the child no longer is	1718
a juvenile sex offender registrant and no longer has a duty to	1719
register under sectioncomply with sections 2950.04, 2950.05, and	1720
2950.06 of the Revised Code, or an order that contains a	1721
determination that the child no longer is a habitual child-victim	1722
offender and either a determination that the child remains a	1723
juvenile offender registrant or a determination that the child no	1724
longer is a juvenile offender registrant and no longer has a duty	1725
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1726
Revised Code;	1727

(3) If the order containing the juvenile sex offender	1728
registrant classification under section 2152.82 or 2152.83 of the	1729
Revised Code or under division (C)(2) of this section pursuant to	1730
a petition filed under division (A) of this section does not	1731
include a sexual predator or child-victim predator determination	1732
or a habitual sex offender or habitual child-victim offender	1733
determination as described in division (A)(1) or (2) of this	1734
section, to enter, as applicable, an order that contains a	1735
determination that the child no longer is a juvenile sex offender	1736
registrant and no longer has a duty to register under section	1737
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1738
Code, or an order that contains a determination that the child no	1739
longer is a juvenile offender registrant and no longer has a duty	1740
to comply with sections 2950.041, 2950.05, and 2950.06 of the	1741
Revised Code.	1742

(B) A delinquent child who has been adjudicated a delinquent	1743
child for committing on or after the effective date of this	1744
sectionJanuary 1, 2002, a sexually oriented offense that is not a	1745
registration-exempt sexually oriented offense and who has been	1746
classified a juvenile sex offender registrant relative to that	1747
sexually oriented offense or who has been adjudicated a delinquent	1748
child for committing on or after that date a child-victim oriented	1749
offense and who has been classified a juvenile offender registrant	1750
relative to that offense may file a petition under division (A) of	1751
this section requesting reclassification or declassification as	1752
described in that division after the expiration of one of the	1753
following periods of time:	1754

(1) The delinquent child initially may file a petition not	1755
earlier than three years after the entry of the juvenile court	1756
judge's order after the mandatory hearing conducted under section	1757
2152.84 of the Revised Code.	1758

(2) After the delinquent child's initial filing of a petition	1759
under division (B)(1) of this section, the child may file a second	1760
petition not earlier than three years after the judge has entered	1761
an order deciding the petition under division (B)(1) of this	1762
section.	1763

(3) After the delinquent child's filing of a petition under	1764
division (B)(2) of this section, thereafter, the delinquent child	1765
may file a petition under this division upon the expiration of	1766
five years after the judge has entered an order deciding the	1767
petition under division (B)(2) of this section or the most recent	1768
petition the delinquent child has filed under this division.	1769

(C) Upon the filing of a petition under divisions (A) and (B)	1770
of this section, the judge may review the prior classification or	1771
determination in question and, upon consideration of all relevant	1772
factors and information, including, but not limited to the factors	1773
listed in division (E) of section 2152.83 of the Revised Code, the	1774
judge, in the judge's discretion, shall do one of the following:	1775

(1) Enter an order denying the petition;

1776

(2) Issue an order that reclassifies or declassifies the	1777
delinquent child, in the requested manner specified in division	1778
(A)(1), (2), or (3) of this section.	1779

(D) If a judge issues an order under division (C) of this	1780
section that denies a petition, the prior classification of the	1781
delinquent child as a juvenile sex offender registrant, and the	1782
prior determination that the child is a sexual predator or,	1783
child-victim predator, habitual sex offender, or habitual	1784
child-victim offender, if applicable, shall remain in effect.	1785

A judge may issue an order under division (C) of this section	1786
that contains a determination that a child no longer is a sexual	1787
predator or no longer is a child-victim predator only if the judge	1788
conducts a hearing and, in accordance with the procedures	1789
specified in division (D)(1) of section 2950.09 of the Revised	1790
Code regarding a sexual predator, determines at the hearing by	1791
clear and convincing evidence that the delinquent child is	1792
unlikely to commit a sexually oriented offense in the future, or,	1793
in accordance with the procedures specified in division (D)(1) of	1794
section 2950.091 of the Revised Code regarding a child-victim	1795
predator, determines at the hearing by clear and convincing	1796
evidence that the delinquent child is unlikely to commit a	1797
child-victim oriented offense in the future. If the judge issues	1798
an order of that type, the judge shall provide the notifications	1799
described in division (D)(1) of section 2950.09 or 2950.091 of the	1800
Revised Code, whichever is applicable, and the recipient of the	1801
notification shall comply with the provisions of that division.	1802

A judge may issue an order under division (C) of this section	1803
that contains a determination that a delinquent child is a	1804
habitual sex offender or a habitual child-victim offender only if	1805
the judge conducts a hearing and determines at the hearing as	1806
described in division (E) of section 2950.09 of the Revised Code	1807
regarding habitual sex offenders or division (E) of section	1808
2950.091 of the Revised Code regarding habitual child-victim	1809
offenders that the child is a habitual sex offender or a habitual	1810
child-victim offender. If the judge issues an order that contains	1811
a determination that a delinquent child is a habitual sex offender	1812
or a habitual child-victim offender, the judge may impose a	1813
requirement subjecting the child to community notification	1814
provisions as described in that division.	1815

(E) If a judge issues an order under division (C) of this	1816
section, the judge shall provide to the delinquent child and to	1817
the delinquent child's parent, guardian, or custodian a copy of	1818
the order and a notice containing the information described in	1819
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1820
judge shall provide the notice at the time of the issuance of the	1821
order, shall provide the notice as described in division (B)(1)(c)	1822
of section 2950.03 of the Revised Code, and shall comply with	1823
divisions (B)(1), (B)(2), and (C) of that section regarding that	1824
notice and the provision of it.	1825

(F) An order issued under division (C) of this section shall	1826
remain in effect for the period of time specified in section	1827
2950.07 of the Revised Code, subject to a further modification or	1828
a termination of the order under this section, and section	1829
2152.851 of the Revised Code applies regarding the order and the	1830
determinations. If an order is issued under division (C) of this	1831
section, the child's attainment of eighteen or twenty-one years of	1832
age does not affect or terminate the order, and the order remains	1833
in effect for the period of time described in this division.	1834

Sec. 2152.851.  (A) If, prior to the effective date of this	1835
section, a judge issues an order under section 2152.82, 2152.83,	1836
2152.84, or 2152.85 of the Revised Code that classifies a	1837
delinquent child a juvenile offender registrant and if, on and	1838
after the effective date of this section, the sexually oriented	1839
offense upon which the order was based no longer is considered a	1840
sexually oriented offense but instead is a child-victim oriented	1841
offense, notwithstanding the redesignation of the offense, the	1842
order shall remain in effect for the period described in the	1843
section under which it was issued, the order shall be considered	1844
for all purposes to be an order that classifies the child a	1845
juvenile offender registrant, division (A)(2)(b) of section	1846
2950.041 of the Revised Code applies regarding the child, and the	1847
duty to register imposed pursuant to that division shall be	1848
considered, for purposes of section 2950.07 of the Revised Code	1849
and for all other purposes, to be a continuation of the duty	1850
imposed upon the child prior to the effective date of this section	1851
under the order issued under section 2152.82, 2152.83, 2152.84, or	1852
2152.85 and Chapter 2950. of the Revised Code.	1853

(B) If an order of the type order described in division (A)	1854
of this section included a classification or determination that	1855
the delinquent child was a sexual predator or habitual sex	1856
offender, notwithstanding the redesignation of the offense upon	1857
which the determination was based, all of the following apply:	1858

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section	1859
2950.091 of the Revised Code apply regarding the child and the	1860
judge's order made prior to the effective date of this section	1861
shall be considered for all purposes to be an order that	1862
classifies the child as described in those divisions;	1863

(2) The child's classification or determination under	1864
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of	1865
the Revised Code shall be considered, for purposes of section	1866
2950.07 of the Revised Code and for all other purposes, to be a	1867
continuation of classification or determination made prior to the	1868
effective date of this section;	1869

(3) The child's duties under Chapter 2950. of the Revised	1870
Code relative to that classification or determination shall be	1871
considered for all purposes to be a continuation of the duties	1872
related to that classification or determination as they existed	1873
prior to the effective date of this section.	1874

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

1875

(1) "DNA analysis" and "DNA specimen" have the same meanings	1876
as in section 109.573 of the Revised Code.	1877

(2) "Jail" and "community-based correctional facility" have	1878
the same meanings as in section 2929.01 of the Revised Code.	1879

(3) "Post-release control" has the same meaning as in section	1880
2967.01 of the Revised Code.	1881

(B)(1) A person who is convicted of or pleads guilty to a	1882
felony offense listed in division (D) of this section and who is	1883
sentenced to a prison term or to a community residential sanction	1884
in a jail or community-based correctional facility pursuant to	1885
section 2929.16 of the Revised Code, and a person who is convicted	1886
of or pleads guilty to a misdemeanor offense listed in division	1887
(D) of this section and who is sentenced to a term of imprisonment	1888
shall submit to a DNA specimen collection procedure administered	1889
by the director of rehabilitation and correction or the chief	1890
administrative officer of the jail or other detention facility in	1891
which the person is serving the term of imprisonment. If the	1892
person serves the prison term in a state correctional institution,	1893
the director of rehabilitation and correction shall cause the DNA	1894
specimen to be collected from the person during the intake process	1895
at the reception facility designated by the director. If the	1896
person serves the community residential sanction or term of	1897
imprisonment in a jail, a community-based correctional facility,	1898
or another county, multicounty, municipal, municipal-county, or	1899
multicounty-municipal detention facility, the chief administrative	1900
officer of the jail, community-based correctional facility, or	1901
detention facility shall cause the DNA specimen to be collected	1902
from the person during the intake process at the jail,	1903
community-based correctional facility, or detention facility. In	1904
accordance with division (C) of this section, the director or the	1905
chief administrative officer shall cause the DNA specimen to be	1906
forwarded to the bureau of criminal identification and	1907
investigation no later than fifteen days after the date of the	1908
collection of the DNA specimen. The DNA specimen shall be	1909
collected in accordance with division (C) of this section.	1910

(2) If a person is convicted of or pleads guilty to an	1911
offense listed in division (D) of this section, is serving a	1912
prison term, community residential sanction, or term of	1913
imprisonment for that offense, and does not provide a DNA specimen	1914
pursuant to division (B)(1) of this section, prior to the person's	1915
release from the prison term, community residential sanction, or	1916
imprisonment, the person shall submit to, and the director of	1917
rehabilitation and correction or the chief administrative officer	1918
of the jail, community-based correctional facility, or detention	1919
facility in which the person is serving the prison term, community	1920
residential sanction, or term of imprisonment shall administer, a	1921
DNA specimen collection procedure at the state correctional	1922
institution, jail, community-based correctional facility, or	1923
detention facility in which the person is serving the prison term,	1924
community residential sanction, or term of imprisonment. In	1925
accordance with division (C) of this section, the director or the	1926
chief administrative officer shall cause the DNA specimen to be	1927
forwarded to the bureau of criminal identification and	1928
investigation no later than fifteen days after the date of the	1929
collection of the DNA specimen. The DNA specimen shall be	1930
collected in accordance with division (C) of this section.	1931

(3) If a person sentenced to a term of imprisonment or	1932
serving a prison term or community residential sanction for	1933
committing an offense listed in division (D) of this section is on	1934
probation, is released on parole, under transitional control, or	1935
on another type of release, or is on post-release control, if the	1936
person is under the supervision of a probation department or the	1937
adult parole authority, if the person is sent to jail or is	1938
returned to a jail, community-based correctional facility, or	1939
state correctional institution for a violation of the terms and	1940
conditions of the probation, parole, transitional control, other	1941
release, or post-release control, if the person was or will be	1942
serving a term of imprisonment, prison term, or community	1943
residential sanction for committing an offense listed in division	1944
(D) of this section, and if the person did not provide a DNA	1945
specimen pursuant to division (B)(1) or (2) of this section, the	1946
person shall submit to, and the director of rehabilitation and	1947
correction or the chief administrative officer of the jail or	1948
community-based correctional facility shall administer, a DNA	1949
specimen collection procedure at the jail, community-based	1950
correctional facility, or state correctional institution in which	1951
the person is serving the term of imprisonment, prison term, or	1952
community residential sanction. In accordance with division (C) of	1953
this section, the director or the chief administrative officer	1954
shall cause the DNA specimen to be forwarded to the bureau of	1955
criminal identification and investigation no later than fifteen	1956
days after the date of the collection of the DNA specimen. The DNA	1957
specimen shall be collected from the person in accordance with	1958
division (C) of this section.	1959

(C) If the DNA specimen is collected by withdrawing blood	1960
from the person or a similarly invasive procedure, a physician,	1961
registered nurse, licensed practical nurse, duly licensed clinical	1962
laboratory technician, or other qualified medical practitioner	1963
shall collect in a medically approved manner the DNA specimen	1964
required to be collected pursuant to division (B) of this section.	1965
If the DNA specimen is collected by swabbing for buccal cells or a	1966
similarly noninvasive procedure, this section does not require	1967
that the DNA specimen be collected by a qualified medical	1968
practitioner of that nature. No later than fifteen days after the	1969
date of the collection of the DNA specimen, the director of	1970
rehabilitation and correction or the chief administrative officer	1971
of the jail, community-based correctional facility, or other	1972
county, multicounty, municipal, municipal-county, or	1973
multicounty-municipal detention facility, in which the person is	1974
serving the prison term, community residential sanction, or term	1975
of imprisonment shall cause the DNA specimen to be forwarded to	1976
the bureau of criminal identification and investigation in	1977
accordance with procedures established by the superintendent of	1978
the bureau under division (H) of section 109.573 of the Revised	1979
Code. The bureau shall provide the specimen vials, mailing tubes,	1980
labels, postage, and instructions needed for the collection and	1981
forwarding of the DNA specimen to the bureau.	1982

(D) The director of rehabilitation and correction and the	1983
chief administrative officer of the jail, community-based	1984
correctional facility, or other county, multicounty, municipal,	1985
municipal-county, or multicounty-municipal detention facility	1986
shall cause a DNA specimen to be collected in accordance with	1987
divisions (B) and (C) of this section from a person in its custody	1988
who is convicted of or pleads guilty to any of the following	1989
offenses:	1990

(1) A violation of section 2903.01, 2903.02, 2903.11,	1991
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02,	1992
2911.11, or 2911.12 of the Revised Code;	1993

(2) A violation of section 2907.12 of the Revised Code as it	1994
existed prior to September 3, 1996;	1995

(3) An attempt to commit a violation of section 2903.01,	1996
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	1997
or to commit a violation of section 2907.12 of the Revised Code as	1998
it existed prior to September 3, 1996;	1999

(4) A violation of any law that arose out of the same facts	2000
and circumstances and same act as did a charge against the person	2001
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	2002
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	2003
previously was dismissed or amended or as did a charge against the	2004
person of a violation of section 2907.12 of the Revised Code as it	2005
existed prior to September 3, 1996, that previously was dismissed	2006
or amended;	2007

(5) A violation of section 2905.02 or 2919.23 of the Revised	2008
Code that would have been a violation of section 2905.04 of the	2009
Revised Code as it existed prior to July 1, 1996, had it been	2010
committed prior to that date;	2011

(6) A sexually oriented offense or a child-victim oriented	2012
offense, both as defined in section 2950.01 of the Revised Code,	2013
if, in relation to that offense, the offender has been adjudicated	2014
as being a sexual predator or a child-victim predator, both as	2015
defined in section 2950.01 of the Revised Code;	2016

(7) A felony violation of any law that arose out of the same	2017
facts and circumstances and same act as did a charge against the	2018
person of a violation of section 2903.11, 2911.01, 2911.02, or	2019
2911.12 of the Revised Code that previously was dismissed or	2020
amended;	2021

(8) A conspiracy to commit a violation of section 2903.01,	2022
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	2023
Revised Code;	2024

(9) Complicity in committing a violation of section 2903.01,	2025
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	2026
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	2027
violation of section 2907.12 of the Revised Code as it existed	2028
prior to September 3, 1996.	2029

(E) The director of rehabilitation and correction or a chief	2030
administrative officer of a jail, community-based correctional	2031
facility, or other detention facility described in division (B) of	2032
this section in relation to the following offenses is not required	2033
to comply with this section until the superintendent of the bureau	2034
of criminal identification and investigation gives agencies in the	2035
criminal justice system, as defined in section 181.51 of the	2036
Revised Code, in the state official notification that the state	2037
DNA laboratory is prepared to accept DNA specimens of that nature:	2038

(1) A violation of section 2903.11, 2911.01, 2911.02, or	2039
2911.12 of the Revised Code;	2040

(2) An attempt to commit a violation of section 2903.01 or	2041
2903.02 of the Revised Code;	2042

(3) A felony violation of any law that arose out of the same	2043
facts and circumstances and same act as did a charge against the	2044
person of a violation of section 2903.11, 2911.01, 2911.02, or	2045
2911.12 of the Revised Code that previously was dismissed or	2046
amended;	2047

(4) A conspiracy to commit a violation of section 2903.01,	2048
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	2049
Revised Code;	2050

(5) Complicity in committing a violation of section 2903.01,	2051
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	2052
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	2053
violation of section 2907.12 of the Revised Code as it existed	2054
prior to September 3, 1996.	2055

Sec. 2907.07.  (A) No person shall solicit a person who is	2056
less than thirteen years of age to engage in sexual activity with	2057
the offender, whether or not the offender knows the age of such	2058
person.	2059

(B) No person shall solicit a person of the same sex to	2060
engage in sexual activity with the offender, when the offender	2061
knows such solicitation is offensive to the other person, or is	2062
reckless in that regard.	2063

(C) No person shall solicit another, not the spouse of the	2064
offender, to engage in sexual conduct with the offender, when the	2065
offender is eighteen years of age or older and four or more years	2066
older than the other person, and the other person is thirteen	2067
years of age or older but less than sixteen years of age, whether	2068
or not the offender knows the age of the other person.	2069

(D)(C) No person shall solicit another by means of a	2070
telecommunications device, as defined in section 2913.01 of the	2071
Revised Code, to engage in sexual activity with the offender when	2072
the offender is eighteen years of age or older and either of the	2073
following applies:	2074

(1) The other person is less than thirteen years of age, and	2075
the offender knows that the other person is less than thirteen	2076
years of age or is reckless in that regard.	2077

(2) The other person is a law enforcement officer posing as a	2078
person who is less than thirteen years of age, and the offender	2079
believes that the other person is less than thirteen years of age	2080
or is reckless in that regard.	2081

(E)(D) No person shall solicit another by means of a	2082
telecommunications device, as defined in section 2913.01 of the	2083
Revised Code, to engage in sexual activity with the offender when	2084
the offender is eighteen years of age or older and either of the	2085
following applies:	2086

(1) The other person is thirteen years of age or older but	2087
less than sixteen years of age, the offender knows that the other	2088
person is thirteen years of age or older but less than sixteen	2089
years of age or is reckless in that regard, and the offender is	2090
four or more years older than the other person.	2091

(2) The other person is a law enforcement officer posing as a	2092
person who is thirteen years of age or older but less than sixteen	2093
years of age, the offender believes that the other person is	2094
thirteen years of age or older but less than sixteen years of age	2095
or is reckless in that regard, and the offender is four or more	2096
years older than the age the law enforcement officer assumes in	2097
posing as the person who is thirteen years of age or older but	2098
less than sixteen years of age.	2099

(F)(E) Divisions (D)(C) and (E)(D) of this section apply to	2100
any solicitation that is contained in a transmission via a	2101
telecommunications device that either originates in this state or	2102
is received in this state.	2103

(G)(F) Whoever violates this section is guilty of	2104
importuning. Violation of division (B) of this section is a	2105
misdemeanor of the first degree. A violation of division (A) or	2106
(D)(C) of this section is a felony of the fourth degree on a first	2107
offense and a felony of the third degree on each subsequent	2108
offense. A violation of division (C)(B) or (E)(D) of this section	2109
is a felony of the fifth degree on a first offense and a felony of	2110
the fourth degree on each subsequent offense.	2111

Sec. 2919.24.  (A) No person, including a parent, guardian,	2112
or other custodian of a child, shall do any of the following:	2113

(1) Aid, abet, induce, cause, encourage, or contribute to a	2114
child or a ward of the juvenile court becoming an unruly child, as	2115
defined in section 2151.022 of the Revised Code, or a delinquent	2116
child, as defined in section 2152.02 of the Revised Code;	2117

(2) Act in a way tending to cause a child or a ward of the	2118
juvenile court to become an unruly child, as defined in section	2119
2151.022 of the Revised Code, or a delinquent child, as defined in	2120
section 2152.02 of the Revised Code;	2121

(3) If the person is the parent, guardian, or custodian of a	2122
child who has the duties under Chapters 2152. and 2950. of the	2123
Revised Code to register, to register a new residence address, and	2124
to periodically verify a residence address, and, if applicable, to	2125
send a notice of intent to reside, and if the child is not	2126
emancipated, as defined in section 2919.121 of the Revised Code,	2127
fail to ensure that the child complies with those duties under	2128
Chapters 2152. and 2950. of the Revised Code.	2129

(B) Whoever violates this section is guilty of contributing	2130
to the unruliness or delinquency of a child, a misdemeanor of the	2131
first degree. Each day of violation of this section is a separate	2132
offense.	2133

Sec. 2929.01.  As used in this chapter:

2134

(A)(1) "Alternative residential facility" means, subject to	2135
division (A)(2) of this section, any facility other than an	2136
offender's home or residence in which an offender is assigned to	2137
live and that satisfies all of the following criteria:	2138

(a) It provides programs through which the offender may seek	2139
or maintain employment or may receive education, training,	2140
treatment, or habilitation.	2141

(b) It has received the appropriate license or certificate	2142
for any specialized education, training, treatment, habilitation,	2143
or other service that it provides from the government agency that	2144
is responsible for licensing or certifying that type of education,	2145
training, treatment, habilitation, or service.	2146

(2) "Alternative residential facility" does not include a	2147
community-based correctional facility, jail, halfway house, or	2148
prison.	2149

(B) "Bad time" means the time by which the parole board	2150
administratively extends an offender's stated prison term or terms	2151
pursuant to section 2967.11 of the Revised Code because the parole	2152
board finds by clear and convincing evidence that the offender,	2153
while serving the prison term or terms, committed an act that is a	2154
criminal offense under the law of this state or the United States,	2155
whether or not the offender is prosecuted for the commission of	2156
that act.	2157

(C) "Basic probation supervision" means a requirement that	2158
the offender maintain contact with a person appointed to supervise	2159
the offender in accordance with sanctions imposed by the court or	2160
imposed by the parole board pursuant to section 2967.28 of the	2161
Revised Code. "Basic probation supervision" includes basic parole	2162
supervision and basic post-release control supervision.	2163

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	2164
"unit dose" have the same meanings as in section 2925.01 of the	2165
Revised Code.	2166

(E) "Community-based correctional facility" means a	2167
community-based correctional facility and program or district	2168
community-based correctional facility and program developed	2169
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	2170

(F) "Community control sanction" means a sanction that is not	2171
a prison term and that is described in section 2929.15, 2929.16,	2172
2929.17, or 2929.18 of the Revised Code.	2173

(G) "Controlled substance," "marihuana," "schedule I," and	2174
"schedule II" have the same meanings as in section 3719.01 of the	2175
Revised Code.	2176

(H) "Curfew" means a requirement that an offender during a	2177
specified period of time be at a designated place.	2178

(I) "Day reporting" means a sanction pursuant to which an	2179
offender is required each day to report to and leave a center or	2180
other approved reporting location at specified times in order to	2181
participate in work, education or training, treatment, and other	2182
approved programs at the center or outside the center.	2183

(J) "Deadly weapon" has the same meaning as in section	2184
2923.11 of the Revised Code.	2185

(K) "Drug and alcohol use monitoring" means a program under	2186
which an offender agrees to submit to random chemical analysis of	2187
the offender's blood, breath, or urine to determine whether the	2188
offender has ingested any alcohol or other drugs.	2189

(L) "Drug treatment program" means any program under which a	2190
person undergoes assessment and treatment designed to reduce or	2191
completely eliminate the person's physical or emotional reliance	2192
upon alcohol, another drug, or alcohol and another drug and under	2193
which the person may be required to receive assessment and	2194
treatment on an outpatient basis or may be required to reside at a	2195
facility other than the person's home or residence while	2196
undergoing assessment and treatment.	2197

(M) "Economic loss" means any economic detriment suffered by	2198
a victim as a result of the commission of a felony and includes	2199
any loss of income due to lost time at work because of any injury	2200
caused to the victim, and any property loss, medical cost, or	2201
funeral expense incurred as a result of the commission of the	2202
felony.	2203

(N) "Education or training" includes study at, or in	2204
conjunction with a program offered by, a university, college, or	2205
technical college or vocational study and also includes the	2206
completion of primary school, secondary school, and literacy	2207
curricula or their equivalent.	2208

(O) "Electronically monitored house arrest" has the same	2209
meaning as in section 2929.23 of the Revised Code.	2210

(P) "Eligible offender" has the same meaning as in section	2211
2929.23 of the Revised Code except as otherwise specified in	2212
section 2929.20 of the Revised Code.	2213

(Q) "Firearm" has the same meaning as in section 2923.11 of	2214
the Revised Code.	2215

(R) "Halfway house" means a facility licensed by the division	2216
of parole and community services of the department of	2217
rehabilitation and correction pursuant to section 2967.14 of the	2218
Revised Code as a suitable facility for the care and treatment of	2219
adult offenders.	2220

(S) "House arrest" means a period of confinement of an	2221
eligible offender that is in the eligible offender's home or in	2222
other premises specified by the sentencing court or by the parole	2223
board pursuant to section 2967.28 of the Revised Code, that may be	2224
electronically monitored house arrest, and during which all of the	2225
following apply:	2226

(1) The eligible offender is required to remain in the	2227
eligible offender's home or other specified premises for the	2228
specified period of confinement, except for periods of time during	2229
which the eligible offender is at the eligible offender's place of	2230
employment or at other premises as authorized by the sentencing	2231
court or by the parole board.	2232

(2) The eligible offender is required to report periodically	2233
to a person designated by the court or parole board.	2234

(3) The eligible offender is subject to any other	2235
restrictions and requirements that may be imposed by the	2236
sentencing court or by the parole board.	2237

(T) "Intensive probation supervision" means a requirement	2238
that an offender maintain frequent contact with a person appointed	2239
by the court, or by the parole board pursuant to section 2967.28	2240
of the Revised Code, to supervise the offender while the offender	2241
is seeking or maintaining necessary employment and participating	2242
in training, education, and treatment programs as required in the	2243
court's or parole board's order. "Intensive probation supervision"	2244
includes intensive parole supervision and intensive post-release	2245
control supervision.	2246

(U) "Jail" means a jail, workhouse, minimum security jail, or	2247
other residential facility used for the confinement of alleged or	2248
convicted offenders that is operated by a political subdivision or	2249
a combination of political subdivisions of this state.	2250

(V) "Delinquent child" has the same meaning as in section	2251
2152.02 of the Revised Code.	2252

(W) "License violation report" means a report that is made by	2253
a sentencing court, or by the parole board pursuant to section	2254
2967.28 of the Revised Code, to the regulatory or licensing board	2255
or agency that issued an offender a professional license or a	2256
license or permit to do business in this state and that specifies	2257
that the offender has been convicted of or pleaded guilty to an	2258
offense that may violate the conditions under which the offender's	2259
professional license or license or permit to do business in this	2260
state was granted or an offense for which the offender's	2261
professional license or license or permit to do business in this	2262
state may be revoked or suspended.	2263

(X) "Major drug offender" means an offender who is convicted	2264
of or pleads guilty to the possession of, sale of, or offer to	2265
sell any drug, compound, mixture, preparation, or substance that	2266
consists of or contains at least one thousand grams of hashish; at	2267
least one hundred grams of crack cocaine; at least one thousand	2268
grams of cocaine that is not crack cocaine; at least two thousand	2269
five hundred unit doses or two hundred fifty grams of heroin; at	2270
least five thousand unit doses of L.S.D. or five hundred grams of	2271
L.S.D. in a liquid concentrate, liquid extract, or liquid	2272
distillate form; or at least one hundred times the amount of any	2273
other schedule I or II controlled substance other than marihuana	2274
that is necessary to commit a felony of the third degree pursuant	2275
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	2276
Code that is based on the possession of, sale of, or offer to sell	2277
the controlled substance.	2278

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

2279

(1) Subject to division (Y)(2) of this section, the term in	2280
prison that must be imposed for the offenses or circumstances set	2281
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	2282
division (D) of section 2929.14 of the Revised Code. Except as	2283
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	2284
2925.11 of the Revised Code, unless the maximum or another	2285
specific term is required under section 2929.14 of the Revised	2286
Code, a mandatory prison term described in this division may be	2287
any prison term authorized for the level of offense.	2288

(2) The term of sixty or one hundred twenty days in prison	2289
that a sentencing court is required to impose for a third or	2290
fourth degree felony OMVI offense pursuant to division (G)(2) of	2291
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	2292
the Revised Code.	2293

(3) The term in prison imposed pursuant to section 2971.03 of	2294
the Revised Code for the offenses and in the circumstances	2295
described in division (F)(11) of section 2929.13 of the Revised	2296
Code and that term as modified or terminated pursuant to section	2297
2971.05 of the Revised Code.	2298

(Z) "Monitored time" means a period of time during which an	2299
offender continues to be under the control of the sentencing court	2300
or parole board, subject to no conditions other than leading a	2301
law-abiding life.	2302

(AA) "Offender" means a person who, in this state, is	2303
convicted of or pleads guilty to a felony or a misdemeanor.	2304

(BB) "Prison" means a residential facility used for the	2305
confinement of convicted felony offenders that is under the	2306
control of the department of rehabilitation and correction but	2307
does not include a violation sanction center operated under	2308
authority of section 2967.141 of the Revised Code.	2309

(CC) "Prison term" includes any of the following sanctions	2310
for an offender:	2311

(1) A stated prison term;

2312

(2) A term in a prison shortened by, or with the approval of,	2313
the sentencing court pursuant to section 2929.20, 2967.26,	2314
5120.031, 5120.032, or 5120.073 of the Revised Code;	2315

(3) A term in prison extended by bad time imposed pursuant to	2316
section 2967.11 of the Revised Code or imposed for a violation of	2317
post-release control pursuant to section 2967.28 of the Revised	2318
Code.	2319

(DD) "Repeat violent offender" means a person about whom both	2320
of the following apply:	2321

(1) The person has been convicted of or has pleaded guilty	2322
to, and is being sentenced for committing, for complicity in	2323
committing, or for an attempt to commit, aggravated murder,	2324
murder, involuntary manslaughter, a felony of the first degree	2325
other than one set forth in Chapter 2925. of the Revised Code, a	2326
felony of the first degree set forth in Chapter 2925. of the	2327
Revised Code that involved an attempt to cause serious physical	2328
harm to a person or that resulted in serious physical harm to a	2329
person, or a felony of the second degree that involved an attempt	2330
to cause serious physical harm to a person or that resulted in	2331
serious physical harm to a person.	2332

(2) Either of the following applies:

2333

(a) The person previously was convicted of or pleaded guilty	2334
to, and previously served or, at the time of the offense was	2335
serving, a prison term for, any of the following:	2336

(i) Aggravated murder, murder, involuntary manslaughter,	2337
rape, felonious sexual penetration as it existed under section	2338
2907.12 of the Revised Code prior to September 3, 1996, a felony	2339
of the first or second degree that resulted in the death of a	2340
person or in physical harm to a person, or complicity in or an	2341
attempt to commit any of those offenses;	2342

(ii) An offense under an existing or former law of this	2343
state, another state, or the United States that is or was	2344
substantially equivalent to an offense listed under division	2345
(DD)(2)(a)(i) of this section and that resulted in the death of a	2346
person or in physical harm to a person.	2347

(b) The person previously was adjudicated a delinquent child	2348
for committing an act that if committed by an adult would have	2349
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	2350
section, the person was committed to the department of youth	2351
services for that delinquent act.	2352

(EE) "Sanction" means any penalty imposed upon an offender	2353
who is convicted of or pleads guilty to an offense, as punishment	2354
for the offense. "Sanction" includes any sanction imposed pursuant	2355
to any provision of sections 2929.14 to 2929.18 of the Revised	2356
Code.	2357

(FF) "Sentence" means the sanction or combination of	2358
sanctions imposed by the sentencing court on an offender who is	2359
convicted of or pleads guilty to a felony.	2360

(GG) "Stated prison term" means the prison term, mandatory	2361
prison term, or combination of all prison terms and mandatory	2362
prison terms imposed by the sentencing court pursuant to section	2363
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	2364
includes any credit received by the offender for time spent in	2365
jail awaiting trial, sentencing, or transfer to prison for the	2366
offense and any time spent under house arrest or electronically	2367
monitored house arrest imposed after earning credits pursuant to	2368
section 2967.193 of the Revised Code.	2369

(HH) "Victim-offender mediation" means a reconciliation or	2370
mediation program that involves an offender and the victim of the	2371
offense committed by the offender and that includes a meeting in	2372
which the offender and the victim may discuss the offense, discuss	2373
restitution, and consider other sanctions for the offense.	2374

(II) "Fourth degree felony OMVI offense" means a violation of	2375
division (A) of section 4511.19 of the Revised Code that, under	2376
section 4511.99 of the Revised Code, is a felony of the fourth	2377
degree.	2378

(JJ) "Mandatory term of local incarceration" means the term	2379
of sixty or one hundred twenty days in a jail, a community-based	2380
correctional facility, a halfway house, or an alternative	2381
residential facility that a sentencing court may impose upon a	2382
person who is convicted of or pleads guilty to a fourth degree	2383
felony OMVI offense pursuant to division (G)(1) of section 2929.13	2384
of the Revised Code and division (A)(4) or (8) of section 4511.99	2385
of the Revised Code.	2386

(KK) "Designated homicide, assault, or kidnapping offense,"	2387
"sexual motivation specification," "sexually violent offense,"	2388
"sexually violent predator," and "sexually violent predator	2389
specification" have the same meanings as in section 2971.01 of the	2390
Revised Code.	2391

(LL) "Habitual sex offender," "sexually oriented offense,"	2392
and "sexual predator," "registration-exempt sexually oriented	2393
offense," "child-victim oriented offense," "habitual child-victim	2394
offender," and "child-victim predator" have the same meanings as	2395
in section 2950.01 of the Revised Code.	2396

(MM) An offense is "committed in the vicinity of a child" if	2397
the offender commits the offense within thirty feet of or within	2398
the same residential unit as a child who is under eighteen years	2399
of age, regardless of whether the offender knows the age of the	2400
child or whether the offender knows the offense is being committed	2401
within thirty feet of or within the same residential unit as the	2402
child and regardless of whether the child actually views the	2403
commission of the offense.	2404

(NN) "Family or household member" has the same meaning as in	2405
section 2919.25 of the Revised Code.	2406

(OO) "Motor vehicle" and "manufactured home" have the same	2407
meanings as in section 4501.01 of the Revised Code.	2408

(PP) "Detention" and "detention facility" have the same	2409
meanings as in section 2921.01 of the Revised Code.	2410

(QQ) "Third degree felony OMVI offense" means a violation of	2411
division (A) of section 4511.19 of the Revised Code that, under	2412
section 4511.99 of the Revised Code, is a felony of the third	2413
degree.	2414

(RR) "Random drug testing" has the same meaning as in section	2415
5120.63 of the Revised Code.	2416

(SS) "Felony sex offense" has the same meaning as in section	2417
2957.28 of the Revised Code.	2418

(TT) "Body armor" has the same meaning as in section	2419
2941.1411 of the Revised Code.	2420

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2421
or (G) of this section and unless a specific sanction is required	2422
to be imposed or is precluded from being imposed pursuant to law,	2423
a court that imposes a sentence upon an offender for a felony may	2424
impose any sanction or combination of sanctions on the offender	2425
that are provided in sections 2929.14 to 2929.18 of the Revised	2426
Code. The sentence shall not impose an unnecessary burden on state	2427
or local government resources.	2428

If the offender is eligible to be sentenced to community	2429
control sanctions, the court shall consider the appropriateness of	2430
imposing a financial sanction pursuant to section 2929.18 of the	2431
Revised Code or a sanction of community service pursuant to	2432
section 2929.17 of the Revised Code as the sole sanction for the	2433
offense. Except as otherwise provided in this division, if the	2434
court is required to impose a mandatory prison term for the	2435
offense for which sentence is being imposed, the court also may	2436
impose a financial sanction pursuant to section 2929.18 of the	2437
Revised Code but may not impose any additional sanction or	2438
combination of sanctions under section 2929.16 or 2929.17 of the	2439
Revised Code.	2440

If the offender is being sentenced for a fourth degree felony	2441
OMVI offense or for a third degree felony OMVI offense, in	2442
addition to the mandatory term of local incarceration or the	2443
mandatory prison term required for the offense by division (G)(1)	2444
or (2) of this section, the court shall impose upon the offender a	2445
mandatory fine in accordance with division (B)(3) of section	2446
2929.18 of the Revised Code and may impose whichever of the	2447
following is applicable:	2448

(1) For a fourth degree felony OMVI offense for which	2449
sentence is imposed under division (G)(1) of this section, an	2450
additional community control sanction or combination of community	2451
control sanctions under section 2929.16 or 2929.17 of the Revised	2452
Code;	2453

(2) For a third or fourth degree felony OMVI offense for	2454
which sentence is imposed under division (G)(2) of this section,	2455
an additional prison term as described in division (D)(4) of	2456
section 2929.14 of the Revised Code.	2457

(B)(1) Except as provided in division (B)(2), (E), (F), or	2458
(G) of this section, in sentencing an offender for a felony of the	2459
fourth or fifth degree, the sentencing court shall determine	2460
whether any of the following apply:	2461

(a) In committing the offense, the offender caused physical	2462
harm to a person.	2463

(b) In committing the offense, the offender attempted to	2464
cause or made an actual threat of physical harm to a person with a	2465
deadly weapon.	2466

(c) In committing the offense, the offender attempted to	2467
cause or made an actual threat of physical harm to a person, and	2468
the offender previously was convicted of an offense that caused	2469
physical harm to a person.	2470

(d) The offender held a public office or position of trust	2471
and the offense related to that office or position; the offender's	2472
position obliged the offender to prevent the offense or to bring	2473
those committing it to justice; or the offender's professional	2474
reputation or position facilitated the offense or was likely to	2475
influence the future conduct of others.	2476

(e) The offender committed the offense for hire or as part of	2477
an organized criminal activity.	2478

(f) The offense is a sex offense that is a fourth or fifth	2479
degree felony violation of section 2907.03, 2907.04, 2907.05,	2480
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2481
Revised Code.	2482

(g) The offender at the time of the offense was serving, or	2483
the offender previously had served, a prison term.	2484

(h) The offender committed the offense while under a	2485
community control sanction, while on probation, or while released	2486
from custody on a bond or personal recognizance.	2487

(i) The offender committed the offense while in possession of	2488
a firearm.	2489

(2)(a) If the court makes a finding described in division	2490
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2491
section and if the court, after considering the factors set forth	2492
in section 2929.12 of the Revised Code, finds that a prison term	2493
is consistent with the purposes and principles of sentencing set	2494
forth in section 2929.11 of the Revised Code and finds that the	2495
offender is not amenable to an available community control	2496
sanction, the court shall impose a prison term upon the offender.	2497

(b) Except as provided in division (E), (F), or (G) of this	2498
section, if the court does not make a finding described in	2499
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2500
this section and if the court, after considering the factors set	2501
forth in section 2929.12 of the Revised Code, finds that a	2502
community control sanction or combination of community control	2503
sanctions is consistent with the purposes and principles of	2504
sentencing set forth in section 2929.11 of the Revised Code, the	2505
court shall impose a community control sanction or combination of	2506
community control sanctions upon the offender.	2507

(C) Except as provided in division (E), (F), or (G) of this	2508
section, in determining whether to impose a prison term as a	2509
sanction for a felony of the third degree or a felony drug offense	2510
that is a violation of a provision of Chapter 2925. of the Revised	2511
Code and that is specified as being subject to this division for	2512
purposes of sentencing, the sentencing court shall comply with the	2513
purposes and principles of sentencing under section 2929.11 of the	2514
Revised Code and with section 2929.12 of the Revised Code.	2515

(D) Except as provided in division (E) or (F) of this	2516
section, for a felony of the first or second degree and for a	2517
felony drug offense that is a violation of any provision of	2518
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2519
presumption in favor of a prison term is specified as being	2520
applicable, it is presumed that a prison term is necessary in	2521
order to comply with the purposes and principles of sentencing	2522
under section 2929.11 of the Revised Code. Notwithstanding the	2523
presumption established under this division, the sentencing court	2524
may impose a community control sanction or a combination of	2525
community control sanctions instead of a prison term on an	2526
offender for a felony of the first or second degree or for a	2527
felony drug offense that is a violation of any provision of	2528
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2529
presumption in favor of a prison term is specified as being	2530
applicable if it makes both of the following findings:	2531

(1) A community control sanction or a combination of	2532
community control sanctions would adequately punish the offender	2533
and protect the public from future crime, because the applicable	2534
factors under section 2929.12 of the Revised Code indicating a	2535
lesser likelihood of recidivism outweigh the applicable factors	2536
under that section indicating a greater likelihood of recidivism.	2537

(2) A community control sanction or a combination of	2538
community control sanctions would not demean the seriousness of	2539
the offense, because one or more factors under section 2929.12 of	2540
the Revised Code that indicate that the offender's conduct was	2541
less serious than conduct normally constituting the offense are	2542
applicable, and they outweigh the applicable factors under that	2543
section that indicate that the offender's conduct was more serious	2544
than conduct normally constituting the offense.	2545

(E)(1) Except as provided in division (F) of this section,	2546
for any drug offense that is a violation of any provision of	2547
Chapter 2925. of the Revised Code and that is a felony of the	2548
third, fourth, or fifth degree, the applicability of a presumption	2549
under division (D) of this section in favor of a prison term or of	2550
division (B) or (C) of this section in determining whether to	2551
impose a prison term for the offense shall be determined as	2552
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2553
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2554
Revised Code, whichever is applicable regarding the violation.	2555

(2) If an offender who was convicted of or pleaded guilty to	2556
a felony violates the conditions of a community control sanction	2557
imposed for the offense solely by reason of producing positive	2558
results on a drug test, the court, as punishment for the violation	2559
of the sanction, shall not order that the offender be imprisoned	2560
unless the court determines on the record either of the following:	2561

(a) The offender had been ordered as a sanction for the	2562
felony to participate in a drug treatment program, in a drug	2563
education program, or in narcotics anonymous or a similar program,	2564
and the offender continued to use illegal drugs after a reasonable	2565
period of participation in the program.	2566

(b) The imprisonment of the offender for the violation is	2567
consistent with the purposes and principles of sentencing set	2568
forth in section 2929.11 of the Revised Code.	2569

(F) Notwithstanding divisions (A) to (E) of this section, the	2570
court shall impose a prison term or terms under sections 2929.02	2571
to 2929.06, section 2929.14, or section 2971.03 of the Revised	2572
Code and except as specifically provided in section 2929.20 or	2573
2967.191 of the Revised Code or when parole is authorized for the	2574
offense under section 2967.13 of the Revised Code shall not reduce	2575
the terms pursuant to section 2929.20, section 2967.193, or any	2576
other provision of Chapter 2967. or Chapter 5120. of the Revised	2577
Code for any of the following offenses:	2578

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

2579

(2) Any rape, regardless of whether force was involved and	2580
regardless of the age of the victim, or an attempt to commit rape	2581
if, had the offender completed the rape that was attempted, the	2582
offender would have been subject to a sentence of life	2583
imprisonment or life imprisonment without parole for the rape;	2584

(3) Gross sexual imposition or sexual battery, if the victim	2585
is under thirteen years of age, if the offender previously was	2586
convicted of or pleaded guilty to rape, the former offense of	2587
felonious sexual penetration, gross sexual imposition, or sexual	2588
battery, and if the victim of the previous offense was under	2589
thirteen years of age;	2590

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2591
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	2592
requires the imposition of a prison term;	2593

(5) A first, second, or third degree felony drug offense for	2594
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2595
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2596
4729.99 of the Revised Code, whichever is applicable regarding the	2597
violation, requires the imposition of a mandatory prison term;	2598

(6) Any offense that is a first or second degree felony and	2599
that is not set forth in division (F)(1), (2), (3), or (4) of this	2600
section, if the offender previously was convicted of or pleaded	2601
guilty to aggravated murder, murder, any first or second degree	2602
felony, or an offense under an existing or former law of this	2603
state, another state, or the United States that is or was	2604
substantially equivalent to one of those offenses;	2605

(7) Any offense that is a third degree felony and that is	2606
listed in division (DD)(1) of section 2929.01 of the Revised Code	2607
if the offender previously was convicted of or pleaded guilty to	2608
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	2609
section 2929.01 of the Revised Code;	2610

(8) Any offense, other than a violation of section 2923.12 of	2611
the Revised Code, that is a felony, if the offender had a firearm	2612
on or about the offender's person or under the offender's control	2613
while committing the felony, with respect to a portion of the	2614
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2615
of the Revised Code for having the firearm;	2616

(9) Any offense of violence that is a felony, if the offender	2617
wore or carried body armor while committing the felony offense of	2618
violence, with respect to the portion of the sentence imposed	2619
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2620
Code for wearing or carrying the body armor;	2621

(10) Corrupt activity in violation of section 2923.32 of the	2622
Revised Code when the most serious offense in the pattern of	2623
corrupt activity that is the basis of the offense is a felony of	2624
the first degree;	2625

(11) Any sexually violent offense for which the offender also	2626
is convicted of or pleads guilty to a sexually violent predator	2627
specification that was included in the indictment, count in the	2628
indictment, or information charging the sexually violent offense;	2629

(12) A violation of division (A)(1) or (2) of section 2921.36	2630
of the Revised Code, or a violation of division (C) of that	2631
section involving an item listed in division (A)(1) or (2) of that	2632
section, if the offender is an officer or employee of the	2633
department of rehabilitation and correction.	2634

(G) Notwithstanding divisions (A) to (E) of this section, if	2635
an offender is being sentenced for a fourth degree felony OMVI	2636
offense or for a third degree felony OMVI offense, the court shall	2637
impose upon the offender a mandatory term of local incarceration	2638
or a mandatory prison term in accordance with the following:	2639

(1) If the offender is being sentenced for a fourth degree	2640
felony OMVI offense, the court may impose upon the offender a	2641
mandatory term of local incarceration of sixty days as specified	2642
in division (A)(4) of section 4511.99 of the Revised Code or a	2643
mandatory term of local incarceration of one hundred twenty days	2644
as specified in division (A)(8) of that section. The court shall	2645
not reduce the term pursuant to section 2929.20, 2967.193, or any	2646
other provision of the Revised Code. The court that imposes a	2647
mandatory term of local incarceration under this division shall	2648
specify whether the term is to be served in a jail, a	2649
community-based correctional facility, a halfway house, or an	2650
alternative residential facility, and the offender shall serve the	2651
term in the type of facility specified by the court. A mandatory	2652
term of local incarceration imposed under division (G)(1) of this	2653
section is not subject to extension under section 2967.11 of the	2654
Revised Code, to a period of post-release control under section	2655
2967.28 of the Revised Code, or to any other Revised Code	2656
provision that pertains to a prison term.	2657

(2) If the offender is being sentenced for a third degree	2658
felony OMVI offense, or if the offender is being sentenced for a	2659
fourth degree felony OMVI offense and the court does not impose a	2660
mandatory term of local incarceration under division (G)(1) of	2661
this section, the court shall impose upon the offender a mandatory	2662
prison term of sixty days as specified in division (A)(4) of	2663
section 4511.99 of the Revised Code or a mandatory prison term of	2664
one hundred twenty days as specified in division (A)(8) of that	2665
section. The court shall not reduce the term pursuant to section	2666
2929.20, 2967.193, or any other provision of the Revised Code. In	2667
no case shall an offender who once has been sentenced to a	2668
mandatory term of local incarceration pursuant to division (G)(1)	2669
of this section for a fourth degree felony OMVI offense be	2670
sentenced to another mandatory term of local incarceration under	2671
that division for any violation of division (A) of section 4511.19	2672
of the Revised Code. The court shall not sentence the offender to	2673
a community control sanction under section 2929.16 or 2929.17 of	2674
the Revised Code. The department of rehabilitation and correction	2675
may place an offender sentenced to a mandatory prison term under	2676
this division in an intensive program prison established pursuant	2677
to section 5120.033 of the Revised Code if the department gave the	2678
sentencing judge prior notice of its intent to place the offender	2679
in an intensive program prison established under that section and	2680
if the judge did not notify the department that the judge	2681
disapproved the placement. Upon the establishment of the initial	2682
intensive program prison pursuant to section 5120.033 of the	2683
Revised Code that is privately operated and managed by a	2684
contractor pursuant to a contract entered into under section 9.06	2685
of the Revised Code, both of the following apply:	2686

(a) The department of rehabilitation and correction shall	2687
make a reasonable effort to ensure that a sufficient number of	2688
offenders sentenced to a mandatory prison term under this division	2689
are placed in the privately operated and managed prison so that	2690
the privately operated and managed prison has full occupancy.	2691

(b) Unless the privately operated and managed prison has full	2692
occupancy, the department of rehabilitation and correction shall	2693
not place any offender sentenced to a mandatory prison term under	2694
this division in any intensive program prison established pursuant	2695
to section 5120.033 of the Revised Code other than the privately	2696
operated and managed prison.	2697

(H) If an offender is being sentenced for a sexually oriented	2698
offense committed on or after January 1, 1997, the judge shall	2699
require the offender to submit to a DNA specimen collection	2700
procedure pursuant to section 2901.07 of the Revised Code if	2701
either of the following applies:	2702

(1) The offense was a sexually violent offense, and the	2703
offender also was convicted of or pleaded guilty to a sexually	2704
violent predator specification that was included in the	2705
indictment, count in the indictment, or information charging the	2706
sexually violent offense.	2707

(2) The judge imposing sentence for the sexually oriented	2708
offense determines pursuant to division (B) of section 2950.09 of	2709
the Revised Code that the offender is a sexual predator.	2710

(I) If an offender is being sentenced for a sexually oriented	2711
offense that is not a registration-exempt sexually oriented	2712
offense or for a child-victim oriented offense committed on or	2713
after January 1, 1997, the judge shall include in the sentence a	2714
summary of the offender's duty to register pursuant to section	2715
duties imposed under sections 2950.04 of the Revised Code, the	2716
offender's duty to provide notice of a change in residence address	2717
and register the new residence address pursuant to section,	2718
2950.041, 2950.05 of the Revised Code, the offender's duty to	2719
periodically verify the offender's current residence address	2720
pursuant to section, and 2950.06 of the Revised Code, and the	2721
duration of the duties. The judge shall inform the offender, at	2722
the time of sentencing, of those duties and of their duration and,	2723
if required under division (A)(2) of section 2950.03 of the	2724
Revised Code, shall perform the duties specified in that section.	2725

(J)(1) Except as provided in division (J)(2) of this section,	2726
when considering sentencing factors under this section in relation	2727
to an offender who is convicted of or pleads guilty to an attempt	2728
to commit an offense in violation of section 2923.02 of the	2729
Revised Code, the sentencing court shall consider the factors	2730
applicable to the felony category of the violation of section	2731
2923.02 of the Revised Code instead of the factors applicable to	2732
the felony category of the offense attempted.	2733

(2) When considering sentencing factors under this section in	2734
relation to an offender who is convicted of or pleads guilty to an	2735
attempt to commit a drug abuse offense for which the penalty is	2736
determined by the amount or number of unit doses of the controlled	2737
substance involved in the drug abuse offense, the sentencing court	2738
shall consider the factors applicable to the felony category that	2739
the drug abuse offense attempted would be if that drug abuse	2740
offense had been committed and had involved an amount or number of	2741
unit doses of the controlled substance that is within the next	2742
lower range of controlled substance amounts than was involved in	2743
the attempt.	2744

(K) As used in this section, "drug abuse offense" has the	2745
same meaning as in section 2925.01 of the Revised Code.	2746

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	2747
hearing before imposing a sentence under this chapter upon an	2748
offender who was convicted of or pleaded guilty to a felony and	2749
before resentencing an offender who was convicted of or pleaded	2750
guilty to a felony and whose case was remanded pursuant to section	2751
2953.07 or 2953.08 of the Revised Code. At the hearing, the	2752
offender, the prosecuting attorney, the victim or the victim's	2753
representative in accordance with section 2930.14 of the Revised	2754
Code, and, with the approval of the court, any other person may	2755
present information relevant to the imposition of sentence in the	2756
case. The court shall inform the offender of the verdict of the	2757
jury or finding of the court and ask the offender whether the	2758
offender has anything to say as to why sentence should not be	2759
imposed upon the offender.	2760

(2) Except as otherwise provided in this division, before	2761
imposing sentence on an offender who is being sentenced for a	2762
sexually oriented offense that was committed on or after January	2763
1, 1997, that is not a registration-exempt sexually oriented	2764
offense, and that is not a sexually violent offense, and before	2765
imposing sentence on an offender who is being sentenced for a	2766
sexually violent offense committed on or after January 1, 1997,	2767
and who was not charged with a sexually violent predator	2768
specification in the indictment, count in the indictment, or	2769
information charging the sexually violent offense, and before	2770
imposing sentence on or after May 7, 2002, on an offender who is	2771
being sentenced for a sexually oriented offense that is not a	2772
registration-exempt sexually oriented offense and who was	2773
acquitted of a sexually violent predator specification included in	2774
the indictment, count in the indictment, or information charging	2775
the sexually oriented offense, the court shall conduct a hearing	2776
in accordance with division (B) of section 2950.09 of the Revised	2777
Code to determine whether the offender is a sexual predator. The	2778
court shall not conduct a hearing under that division if the	2779
offender is being sentenced for a sexually violent offense and, if	2780
a sexually violent predator specification was included in the	2781
indictment, count in the indictment, or information charging the	2782
sexually violent offense, and if the offender was convicted of or	2783
pleaded guilty to that sexually violent predator specification.	2784
Before imposing sentence on an offender who is being sentenced for	2785
a sexually oriented offense that is not a registration-exempt	2786
sexually oriented offense, the court also shall comply with	2787
division (E) of section 2950.09 of the Revised Code.	2788

Before imposing sentence on or after the effective date of	2789
this amendment on an offender who is being sentenced for a	2790
child-victim oriented offense, regardless of when the offense was	2791
committed, the court shall conduct a hearing in accordance with	2792
division (B) of section 2950.091 of the Revised Code to determine	2793
whether the offender is a child-victim predator. Before imposing	2794
sentence on an offender who is being sentenced for a child-victim	2795
oriented offense, the court also shall comply with division (E) of	2796
section 2950.091 of the Revised Code.	2797

(B)(1) At the sentencing hearing, the court, before imposing	2798
sentence, shall consider the record, any information presented at	2799
the hearing by any person pursuant to division (A) of this	2800
section, and, if one was prepared, the presentence investigation	2801
report made pursuant to section 2951.03 of the Revised Code or	2802
Criminal Rule 32.2, and any victim impact statement made pursuant	2803
to section 2947.051 of the Revised Code.	2804

(2) The court shall impose a sentence and shall make a	2805
finding that gives its reasons for selecting the sentence imposed	2806
in any of the following circumstances:	2807

(a) Unless the offense is a sexually violent offense for	2808
which the court is required to impose sentence pursuant to	2809
division (G) of section 2929.14 of the Revised Code, if it imposes	2810
a prison term for a felony of the fourth or fifth degree or for a	2811
felony drug offense that is a violation of a provision of Chapter	2812
2925. of the Revised Code and that is specified as being subject	2813
to division (B) of section 2929.13 of the Revised Code for	2814
purposes of sentencing, its reasons for imposing the prison term,	2815
based upon the overriding purposes and principles of felony	2816
sentencing set forth in section 2929.11 of the Revised Code, and	2817
any factors listed in divisions (B)(1)(a) to (i) of section	2818
2929.13 of the Revised Code that it found to apply relative to the	2819
offender.	2820

(b) If it does not impose a prison term for a felony of the	2821
first or second degree or for a felony drug offense that is a	2822
violation of a provision of Chapter 2925. of the Revised Code and	2823
for which a presumption in favor of a prison term is specified as	2824
being applicable, its reasons for not imposing the prison term and	2825
for overriding the presumption, based upon the overriding purposes	2826
and principles of felony sentencing set forth in section 2929.11	2827
of the Revised Code, and the basis of the findings it made under	2828
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	2829

(c) If it imposes consecutive sentences under section 2929.14	2830
of the Revised Code, its reasons for imposing the consecutive	2831
sentences;	2832

(d) If the sentence is for one offense and it imposes a	2833
prison term for the offense that is the maximum prison term	2834
allowed for that offense by division (A) of section 2929.14 of the	2835
Revised Code, its reasons for imposing the maximum prison term;	2836

(e) If the sentence is for two or more offenses arising out	2837
of a single incident and it imposes a prison term for those	2838
offenses that is the maximum prison term allowed for the offense	2839
of the highest degree by division (A) of section 2929.14 of the	2840
Revised Code, its reasons for imposing the maximum prison term.	2841

(3) Subject to division (B)(4) of this section, if the	2842
sentencing court determines at the sentencing hearing that a	2843
prison term is necessary or required, the court shall do all of	2844
the following:	2845

(a) Impose a stated prison term;

2846

(b) Notify the offender that, as part of the sentence, the	2847
parole board may extend the stated prison term for certain	2848
violations of prison rules for up to one-half of the stated prison	2849
term;	2850

(c) Notify the offender that the offender will be supervised	2851
under section 2967.28 of the Revised Code after the offender	2852
leaves prison if the offender is being sentenced for a felony of	2853
the first degree or second degree, for a felony sex offense, or	2854
for a felony of the third degree in the commission of which the	2855
offender caused or threatened to cause physical harm to a person;	2856

(d) Notify the offender that the offender may be supervised	2857
under section 2967.28 of the Revised Code after the offender	2858
leaves prison if the offender is being sentenced for a felony of	2859
the third, fourth, or fifth degree that is not subject to division	2860
(B)(3)(c) of this section;	2861

(e) Notify the offender that, if a period of supervision is	2862
imposed following the offender's release from prison, as described	2863
in division (B)(3)(c) or (d) of this section, and if the offender	2864
violates that supervision or a condition of post-release control	2865
imposed under division (B) of section 2967.131 of the Revised	2866
Code, the parole board may impose a prison term, as part of the	2867
sentence, of up to one-half of the stated prison term originally	2868
imposed upon the offender;	2869

(f) Require that the offender not ingest or be injected with	2870
a drug of abuse and submit to random drug testing as provided in	2871
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	2872
is applicable to the offender who is serving a prison term, and	2873
require that the results of the drug test administered under any	2874
of those sections indicate that the offender did not ingest or was	2875
not injected with a drug of abuse.	2876

(4) If the offender is being sentenced for a sexually violent	2877
offense that the offender committed on or after January 1, 1997,	2878
and the offender also is convicted of or pleads guilty to a	2879
sexually violent predator specification that was included in the	2880
indictment, count in the indictment, or information charging the	2881
sexually violent offense, if the offender is being sentenced for a	2882
sexually oriented offense that is not a registration-exempt	2883
sexually oriented offense and that the offender committed on or	2884
after January 1, 1997, and the court imposing the sentence has	2885
determined pursuant to division (B) of section 2950.09 of the	2886
Revised Code that the offender is a sexual predator, if the	2887
offender is being sentenced on or after the effective date of this	2888
amendment for a child-victim oriented offense and the court	2889
imposing the sentence has determined pursuant to division (B) of	2890
section 2950.091 of the Revised Code that the offender is a	2891
child-victim predator, or if the offender is being sentenced for	2892
an aggravated sexually oriented offense as defined in section	2893
2950.01 of the Revised Code that the offender committed on or	2894
after the effective date of this amendment, the court shall	2895
include in the offender's sentence a statement that the offender	2896
has been adjudicated as being a sexual predator, has been	2897
adjudicated a child-victim predator, or has been convicted of or	2898
pleaded guilty to an aggravated sexually oriented offense,	2899
whichever is applicable, and shall comply with the requirements of	2900
section 2950.03 of the Revised Code. Additionally, in the	2901
circumstances described in division (G) of section 2929.14 of the	2902
Revised Code, the court shall impose sentence on the offender as	2903
described in that division.	2904

(5) If the sentencing court determines at the sentencing	2905
hearing that a community control sanction should be imposed and	2906
the court is not prohibited from imposing a community control	2907
sanction, the court shall impose a community control sanction. The	2908
court shall notify the offender that, if the conditions of the	2909
sanction are violated, if the offender commits a violation of any	2910
law, or if the offender leaves this state without the permission	2911
of the court or the offender's probation officer, the court may	2912
impose a longer time under the same sanction, may impose a more	2913
restrictive sanction, or may impose a prison term on the offender	2914
and shall indicate the specific prison term that may be imposed as	2915
a sanction for the violation, as selected by the court from the	2916
range of prison terms for the offense pursuant to section 2929.14	2917
of the Revised Code.	2918

(6) Before imposing a financial sanction under section	2919
2929.18 of the Revised Code or a fine under section 2929.25 of the	2920
Revised Code, the court shall consider the offender's present and	2921
future ability to pay the amount of the sanction or fine.	2922

(7) If the sentencing court sentences the offender to a	2923
sanction of confinement pursuant to section 2929.14 or 2929.16 of	2924
the Revised Code that is to be served in a local detention	2925
facility, as defined in section 2929.35 of the Revised Code, and	2926
if the local detention facility is covered by a policy adopted	2927
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	2928
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	2929
and section 2929.37 of the Revised Code, both of the following	2930
apply:	2931

(a) The court shall specify both of the following as part of	2932
the sentence:	2933

(i) If the offender is presented with an itemized bill	2934
pursuant to section 2929.37 of the Revised Code for payment of the	2935
costs of confinement, the offender is required to pay the bill in	2936
accordance with that section.	2937

(ii) If the offender does not dispute the bill described in	2938
division (B)(7)(a)(i) of this section and does not pay the bill by	2939
the times specified in section 2929.37 of the Revised Code, the	2940
clerk of the court may issue a certificate of judgment against the	2941
offender as described in that section.	2942

(b) The sentence automatically includes any certificate of	2943
judgment issued as described in division (B)(7)(a)(ii) of this	2944
section.	2945

(C)(1) If the offender is being sentenced for a fourth degree	2946
felony OMVI offense under division (G)(1) of section 2929.13 of	2947
the Revised Code, the court shall impose the mandatory term of	2948
local incarceration in accordance with that division, shall impose	2949
a mandatory fine in accordance with division (B)(3) of section	2950
2929.18 of the Revised Code, and, in addition, may impose	2951
additional sanctions as specified in sections 2929.15, 2929.16,	2952
2929.17, and 2929.18 of the Revised Code. The court shall not	2953
impose a prison term on the offender.	2954

(2) If the offender is being sentenced for a third or fourth	2955
degree felony OMVI offense under division (G)(2) of section	2956
2929.13 of the Revised Code, the court shall impose the mandatory	2957
prison term in accordance with that division, shall impose a	2958
mandatory fine in accordance with division (B)(3) of section	2959
2929.18 of the Revised Code, and, in addition, may impose an	2960
additional prison term as specified in section 2929.14 of the	2961
Revised Code. The court shall not impose any community control	2962
sanction on the offender.	2963

(D) The sentencing court, pursuant to division (K) of section	2964
2929.14 of the Revised Code, may recommend placement of the	2965
offender in a program of shock incarceration under section	2966
5120.031 of the Revised Code or an intensive program prison under	2967
section 5120.032 of the Revised Code, disapprove placement of the	2968
offender in a program or prison of that nature, or make no	2969
recommendation. If the court recommends or disapproves placement,	2970
it shall make a finding that gives its reasons for its	2971
recommendation or disapproval.	2972

Sec. 2929.21.  (A) Except as provided in division (G) of this	2973
section or in section 2929.23 of the Revised Code, whoever is	2974
convicted of or pleads guilty to a misdemeanor other than a minor	2975
misdemeanor shall be imprisoned for a definite term or fined, or	2976
both, which term of imprisonment and fine shall be fixed by the	2977
court as provided in this section.	2978

Whoever is convicted of or pleads guilty to committing,	2979
attempting to commit, or complicity in committing a violation of	2980
section 2909.03 of the Revised Code that is a misdemeanor, or a	2981
violation of division (A)(2) of section 2909.06 of the Revised	2982
Code when the means used are fire or explosion, shall be required	2983
to reimburse agencies for their investigation or prosecution costs	2984
in accordance with section 2929.28 of the Revised Code.	2985

(B) Except as provided in division (G) of this section, terms	2986
of imprisonment for misdemeanor shall be imposed as follows:	2987

(1) For a misdemeanor of the first degree, not more than six	2988
months;	2989

(2) For a misdemeanor of the second degree, not more than	2990
ninety days;	2991

(3) For a misdemeanor of the third degree, not more than	2992
sixty days;	2993

(4) For a misdemeanor of the fourth degree, not more than	2994
thirty days.	2995

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

2996

(1) For a misdemeanor of the first degree, not more than one	2997
thousand dollars;	2998

(2) For a misdemeanor of the second degree, not more than	2999
seven hundred fifty dollars;	3000

(3) For a misdemeanor of the third degree, not more than five	3001
hundred dollars;	3002

(4) For a misdemeanor of the fourth degree, not more than two	3003
hundred fifty dollars.	3004

(D) Whoever is convicted of or pleads guilty to a minor	3005
misdemeanor shall be fined not more than one hundred dollars.	3006

(E) The court may require a person who is convicted of or	3007
pleads guilty to a misdemeanor to make restitution for all or part	3008
of the property damage that is caused by the offense and for all	3009
or part of the value of the property that is the subject of any	3010
theft offense, as defined in division (K) of section 2913.01 of	3011
the Revised Code, that the person committed. If the court	3012
determines that the victim of the offense was sixty-five years of	3013
age or older or permanently or totally disabled at the time of the	3014
commission of the offense, the court, regardless of whether the	3015
offender knew the age of victim, shall consider this fact in favor	3016
of imposing restitution, but this fact shall not control the	3017
decision of the court.	3018

(F)(1) If a person is sentenced to a term of imprisonment	3019
pursuant to this section and the term of imprisonment is to be	3020
served in a county jail in a county that has established a county	3021
jail industry program pursuant to section 5147.30 of the Revised	3022
Code, the court shall specify, as part of the sentence, whether	3023
the person may be considered by the county sheriff of that county	3024
for participation in the county jail industry program. The court	3025
shall retain jurisdiction to modify its specification made	3026
pursuant to this division during the person's term of imprisonment	3027
upon a reassessment of the person's qualifications for	3028
participation in the program.	3029

(2) If a person is sentenced to a term of imprisonment	3030
pursuant to this section that is to be served in a local detention	3031
facility, as defined in section 2929.35 of the Revised Code, the	3032
court may impose as part of the sentence pursuant to section	3033
2929.36 of the Revised Code a reimbursement sanction, and, if the	3034
local detention facility is covered by a policy adopted pursuant	3035
to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04,	3036
753.16, 2301.56, or 2947.19 of the Revised Code and section	3037
2929.37 of the Revised Code, both of the following apply:	3038

(a) The court shall specify both of the following as part of	3039
the sentence:	3040

(i) If the person is presented with an itemized bill pursuant	3041
to section 2929.37 of the Revised Code for payment of the costs of	3042
confinement, the person is required to pay the bill in accordance	3043
with that section.	3044

(ii) If the person does not dispute the bill described in	3045
division (F)(2)(a)(i) of this section and does not pay the bill by	3046
the times specified in section 2929.37 of the Revised Code, the	3047
clerk of the court may issue a certificate of judgment against the	3048
person as described in that section.	3049

(b) The sentence automatically includes any certificate of	3050
judgment issued as described in division (F)(2)(a)(ii) of this	3051
section.	3052

(G) If an offender is being sentenced for a sexually oriented	3053
offense that is a misdemeanor committed on or after January 1,	3054
1997, and if the judge imposing sentence for the sexually oriented	3055
offense determines pursuant to division (B) of section 2950.09 of	3056
the Revised Code that the offender is a sexual predator, the judge	3057
shall include in the offender's sentence a statement that the	3058
offender has been adjudicated as being a sexual predator, shall	3059
comply with the requirements of section 2950.03 of the Revised	3060
Code, and shall require the offender to submit to a DNA specimen	3061
collection procedure pursuant to section 2901.07 of the Revised	3062
Code.	3063

(H) Before imposing sentence on an offender who is being	3064
sentenced for a sexually oriented offense that is a misdemeanor,	3065
that was committed on or after January 1, 1997, and that is not a	3066
registration-exempt sexually oriented offense, the judge shall	3067
conduct a hearing in accordance with division (B) of section	3068
2950.09 of the Revised Code to determine whether the offender is a	3069
sexual predator. Before imposing sentence on an offender who is	3070
being sentenced for a sexually oriented offense that is not a	3071
registration-exempt sexually oriented offense, the court also	3072
shall comply with division (E) of section 2950.09 of the Revised	3073
Code.	3074

Before imposing sentence on or after the effective date of	3075
this amendment on an offender who is being sentenced for a	3076
child-victim oriented offense that is a misdemeanor, regardless of	3077
when the offense was committed, the judge shall conduct a hearing	3078
in accordance with division (B) of section 2950.091 of the Revised	3079
Code to determine whether the offender is a child-victim predator.	3080
Before imposing sentence on an offender who is being sentenced for	3081
a child-victim oriented offense, the court also shall comply with	3082
division (E) of section 2950.091 of the Revised Code.	3083

(I) If an offender is being sentenced for a sexually oriented	3084
offense that is not a registration-exempt sexually oriented	3085
offense or for a child-victim oriented offense that is a	3086
misdemeanor committed on or after January 1, 1997, the judge shall	3087
include in the sentence a summary of the offender's duty to	3088
register pursuant to sectionduties imposed under sections 2950.04	3089
of the Revised Code, the offender's duty to provide notice of a	3090
change in residence address and register the new residence address	3091
pursuant to section, 2950.041, 2950.05 of the Revised Code, the	3092
offender's duty to periodically verify the offender's current	3093
residence address pursuant to section, and 2950.06 of the Revised	3094
Code, and the duration of the duties. The judge shall inform the	3095
offender, at the time of sentencing, of those duties and of their	3096
duration and, if required under division (A)(2) of section 2950.03	3097
of the Revised Code, shall perform the duties specified in that	3098
section.	3099

Sec. 2935.36.  (A) The prosecuting attorney may establish	3100
pre-trial diversion programs for adults who are accused of	3101
committing criminal offenses and whom the prosecuting attorney	3102
believes probably will not offend again. The programs shall be	3103
operated pursuant to written standards approved by journal entry	3104
by the presiding judge or, in courts with only one judge, the	3105
judge of the court of common pleas and shall not be applicable to	3106
any of the following:	3107

(1) Repeat offenders or dangerous offenders;

3108

(2) Persons accused of an offense of violence, of a violation	3109
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	3110
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	3111
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	3112
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	3113
Code that, had it occurred prior to July 1, 1996, would have been	3114
a violation of section 2905.04 of the Revised Code as it existed	3115
prior to that date, with the exception that the prosecuting	3116
attorney may permit persons accused of any such offense to enter a	3117
pre-trial diversion program, if the prosecuting attorney finds any	3118
of the following:	3119

(a) The accused did not cause, threaten, or intend serious	3120
physical harm to any person;	3121

(b) The offense was the result of circumstances not likely to	3122
recur;	3123

(c) The accused has no history of prior delinquency or	3124
criminal activity;	3125

(d) The accused has led a law-abiding life for a substantial	3126
time before commission of the alleged offense;	3127

(e) Substantial grounds tending to excuse or justify the	3128
alleged offense.	3129

(3) Persons accused of a violation of Chapter 2925. or 3719.	3130
of the Revised Code;	3131

(4) Drug dependent persons or persons in danger of becoming	3132
drug dependent persons, as defined in section 3719.011 of the	3133
Revised Code. However, this division does not affect the	3134
eligibility of such persons for intervention in lieu of conviction	3135
pursuant to section 2951.041 of the Revised Code.	3136

(5) Persons accused of a violation of section 4511.19 of the	3137
Revised Code or a violation of any substantially similar municipal	3138
ordinance.	3139

(B) An accused who enters a diversion program shall do all of	3140
the following:	3141

(1) Waive, in writing and contingent upon the accused's	3142
successful completion of the program, the accused's right to a	3143
speedy trial, the preliminary hearing, the time period within	3144
which the grand jury may consider an indictment against the	3145
accused, and arraignment, unless the hearing, indictment, or	3146
arraignment has already occurred;	3147

(2) Agree, in writing, to the tolling while in the program of	3148
all periods of limitation established by statutes or rules of	3149
court, that are applicable to the offense with which the accused	3150
is charged and to the conditions of the diversion program	3151
established by the prosecuting attorney.	3152

(C) The trial court, upon the application of the prosecuting	3153
attorney, shall order the release from confinement of any accused	3154
who has agreed to enter a pre-trial diversion program and shall	3155
discharge and release any existing bail and release any sureties	3156
on recognizances and shall release the accused on a recognizance	3157
bond conditioned upon the accused's compliance with the terms of	3158
the diversion program. The prosecuting attorney shall notify every	3159
victim of the crime and the arresting officers of the prosecuting	3160
attorney's intent to permit the accused to enter a pre-trial	3161
diversion program. The victim of the crime and the arresting	3162
officers shall have the opportunity to file written objections	3163
with the prosecuting attorney prior to the commencement of the	3164
pre-trial diversion program.	3165

(D) If the accused satisfactorily completes the diversion	3166
program, the prosecuting attorney shall recommend to the trial	3167
court that the charges against the accused be dismissed, and the	3168
court, upon the recommendation of the prosecuting attorney, shall	3169
dismiss the charges. If the accused chooses not to enter the	3170
prosecuting attorney's diversion program, or if the accused	3171
violates the conditions of the agreement pursuant to which the	3172
accused has been released, the accused may be brought to trial	3173
upon the charges in the manner provided by law, and the waiver	3174
executed pursuant to division (B)(1) of this section shall be void	3175
on the date the accused is removed from the program for the	3176
violation.	3177

(E) As used in this section:

3178

(1) "Repeat offender" means a person who has a history of	3179
persistent criminal activity and whose character and condition	3180
reveal a substantial risk that the person will commit another	3181
offense. It is prima-facie evidence that a person is a repeat	3182
offender if any of the following applies:	3183

(a) Having been convicted of one or more offenses of violence	3184
and having been imprisoned pursuant to sentence for any such	3185
offense, the person commits a subsequent offense of violence;	3186

(b) Having been convicted of one or more sexually oriented	3187
offenses or child-victim oriented offenses, both as defined in	3188
section 2950.01 of the Revised Code, and having been imprisoned	3189
pursuant to sentence for one or more of those offenses, the person	3190
commits a subsequent sexually oriented offense or child-victim	3191
oriented offense;	3192

(c) Having been convicted of one or more theft offenses as	3193
defined in section 2913.01 of the Revised Code and having been	3194
imprisoned pursuant to sentence for one or more of those theft	3195
offenses, the person commits a subsequent theft offense;	3196

(d) Having been convicted of one or more felony drug abuse	3197
offenses as defined in section 2925.01 of the Revised Code and	3198
having been imprisoned pursuant to sentence for one or more of	3199
those felony drug abuse offenses, the person commits a subsequent	3200
felony drug abuse offense;	3201

(e) Having been convicted of two or more felonies and having	3202
been imprisoned pursuant to sentence for one or more felonies, the	3203
person commits a subsequent offense;	3204

(f) Having been convicted of three or more offenses of any	3205
type or degree other than traffic offenses, alcoholic intoxication	3206
offenses, or minor misdemeanors and having been imprisoned	3207
pursuant to sentence for any such offense, the person commits a	3208
subsequent offense.	3209

(2) "Dangerous offender" means a person who has committed an	3210
offense, whose history, character, and condition reveal a	3211
substantial risk that the person will be a danger to others, and	3212
whose conduct has been characterized by a pattern of repetitive,	3213
compulsive, or aggressive behavior with heedless indifference to	3214
the consequences.	3215

Sec. 2950.01. As used in this chapter, unless the context	3216
clearly requires otherwise:	3217

(A) "Confinement" includes, but is not limited to, a	3218
community residential sanction imposed pursuant to section 2929.16	3219
of the Revised Code.	3220

(B) "Habitual sex offender" means, except when a juvenile	3221
judge removes this classification pursuant to division (A)(2) of	3222
section 2152.84 or division (C)(2) of section 2152.85 of the	3223
Revised Code, a person to whom both of the following apply:	3224

(1) The person is convicted of or pleads guilty to a sexually	3225
oriented offense that is not a registration-exempt sexually	3226
oriented offense, or the person is adjudicated a delinquent child	3227
for committing on or after January 1, 2002, a sexually oriented	3228
offense that is not a registration-exempt sexually oriented	3229
offense, was fourteen years of age or older at the time of	3230
committing the offense, and is classified a juvenile sex offender	3231
registrant based on that adjudication.	3232

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

3233

(a) Regarding a person who is an offender, the person	3234
previously was convicted of or pleaded guilty to one or more	3235
sexually oriented offenses or child-victim oriented offenses or	3236
previously was adjudicated a delinquent child for committing one	3237
or more sexually oriented offenses or child-victim oriented	3238
offenses and was classified a juvenile sex offender registrant or	3239
out-of-state juvenile sex offender registrant based on one or more	3240
of those adjudications, regardless of when the offense was	3241
committed and regardless of the person's age at the time of	3242
committing the offense.	3243

(b) Regarding a delinquent child, the person previously was	3244
convicted of, pleaded guilty to, or was adjudicated a delinquent	3245
child for committing one or more sexually oriented offenses or	3246
child-victim oriented offenses, regardless of when the offense was	3247
committed and regardless of the person's age at the time of	3248
committing the offense.	3249

(C) "Prosecutor" has the same meaning as in section 2935.01	3250
of the Revised Code.	3251

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

3252

(1) Any of the following violations or offenses committed by	3253
a person eighteen years of age or older:	3254

(a) Regardless of the age of the victim of the offense, a	3255
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of	3256
the Revised Code;	3257

(b) Any of the following offenses involving a minor, in the	3258
circumstances specified:	3259

(i) A violation of division (A)(4) of section 2905.01,	3260
2905.02, 2905.03, 2905.05, or section 2907.04 or former section	3261
2905.04, 2907.06, or 2907.08 of the Revised Code, when the victim	3262
of the offense is under eighteen years of age;	3263

(ii) A violation of section 2907.21 of the Revised Code when	3264
the person who is compelled, induced, procured, encouraged,	3265
solicited, requested, or facilitated to engage in, paid or agreed	3266
to be paid for, or allowed to engage in the sexual activity in	3267
question is under eighteen years of age;	3268

(iii) A violation of division (A)(1) or (3) of section	3269
2907.321 or 2907.322 of the Revised Code;	3270

(iv) A violation of division (A)(1) or (2) of section	3271
2907.323 of the Revised Code;	3272

(v) A violation of division (B)(5) of section 2919.22 of the	3273
Revised Code when the child who is involved in the offense is	3274
under eighteen years of age;	3275

(vi) A violation of division (D) or (E) of section 2907.07 of	3276
the Revised Code(A)(1), (2), (3), or (5) of section 2905.01, of	3277
section 2903.211, 2905.02, 2905.03, or 2905.05, or of former	3278
section 2905.04 of the Revised Code, when the victim of the	3279
offense is under eighteen years of age and the offense is	3280
committed with a sexual motivation.	3281

(c) Regardless of the age of the victim of the offense, a	3282
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	3283
Revised Code, or of division (A) of section 2903.04 of the Revised	3284
Code, that is committed with a purpose to gratify the sexual needs	3285
or desires of the offendersexual motivation;	3286

(d) A sexually violent offense;

3287

(e) A violation of section 2907.06 or 2907.08 of the Revised	3288
Code when the victim of the offense is eighteen years of age or	3289
older, or a violation of section 2903.211 of the Revised Code when	3290
the victim of the offense is eighteen years of age or older and	3291
the offense is committed with a sexual motivation;	3292

(f) A violation of any former law of this state, any existing	3293
or former municipal ordinance or law of another state or the	3294
United States, or any existing or former law applicable in a	3295
military court or in an Indian tribal court, or any existing or	3296
former law of any nation other than the United States, that is or	3297
was substantially equivalent to any offense listed in division	3298
(D)(1)(a), (b), (c), or (d), or (e) of this section;	3299

(f)(g) An attempt to commit, conspiracy to commit, or	3300
complicity in committing any offense listed in division (D)(1)(a),	3301
(b), (c), (d), or (e), or (f) of this section.	3302

(2) An act committed by a person under eighteen years of age	3303
that is any of the following:	3304

(a) Subject to division (D)(2)(h)(i) of this section,	3305
regardless of the age of the victim of the violation, a violation	3306
of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised	3307
Code;	3308

(b) Subject to division (D)(2)(h)(i) of this section, any of	3309
the following acts involving a minor in the circumstances	3310
specified:	3311

(i) A violation of division (A)(4) of section 2905.01 or	3312
2905.02section 2907.06 or 2907.08 of the Revised Code, or of	3313
former section 2905.04 of the Revised Code, when the victim of the	3314
violation is under eighteen years of age;	3315

(ii) A violation of section 2907.21 of the Revised Code when	3316
the person who is compelled, induced, procured, encouraged,	3317
solicited, requested, or facilitated to engage in, paid or agreed	3318
to be paid for, or allowed to engage in the sexual activity in	3319
question is under eighteen years of age;	3320

(iii) A violation of division (B)(5) of section 2919.22 of	3321
the Revised Code when the child who is involved in the violation	3322
is under eighteen years of age;	3323

(iv) A violation of division (A)(1), (2), (3), or (5) of	3324
section 2905.01, section 2903.211, or former section 2905.04 of	3325
the Revised Code, when the victim of the violation is under	3326
eighteen years of age and the offense is committed with a sexual	3327
motivation.	3328

(c) Subject to division (D)(2)(h)(i) of this section, any	3329
sexually violent offense that, if committed by an adult, would be	3330
a felony of the first, second, third, or fourth degree;	3331

(d) Subject to division (D)(2)(h)(i) of this section, a	3332
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	3333
2905.02 of the Revised Code, a violation of division (A) of	3334
section 2903.04 of the Revised Code, or an attempt to violate any	3335
of those sections or that division that is committed with a	3336
purpose to gratify the sexual needs or desires of the child	3337
committing the violationsexual motivation;	3338

(e) Subject to division (D)(2)(h)(i) of this section, a	3339
violation of division (A)(1) or (3) of section 2907.321, division	3340
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	3341
section 2907.323 of the Revised Code, or an attempt to violate any	3342
of those divisions, if the person who violates or attempts to	3343
violate the division is four or more years older than the minor	3344
who is the victim of the violation;	3345

(f) Subject to division (D)(2)(i) of this section, a	3346
violation of section 2907.06 or 2907.08 of the Revised Code when	3347
the victim of the violation is eighteen years of age or older, or	3348
a violation of section 2903.211 of the Revised Code when the	3349
victim of the violation is eighteen years of age or older and the	3350
offense is committed with a sexual motivation;	3351

(g) Subject to division (D)(2)(h)(i) of this section, any	3352
violation of any former law of this state, any existing or former	3353
municipal ordinance or law of another state or the United States,	3354
or any existing or former law applicable in a military court or in	3355
an Indian tribal court, or any existing or former law of any	3356
nation other than the United States, that is or was substantially	3357
equivalent to any offense listed in division (D)(2)(a), (b), (c),	3358
(d), or (e), or (f) of this section and that, if committed by an	3359
adult, would be a felony of the first, second, third, or fourth	3360
degree;	3361

(g)(h) Subject to division (D)(2)(h)(i) of this section, any	3362
attempt to commit, conspiracy to commit, or complicity in	3363
committing any offense listed in division (D)(2)(a), (b), (c),	3364
(d), (e), or (f), or (g) of this section;	3365

(h)(i) If the child's case has been transferred for criminal	3366
prosecution under section 2152.12 of the Revised Code, the act is	3367
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	3368
(f), or (g) of this section or would be any offense listed in any	3369
of those divisions if committed by an adult.	3370

(E) "Sexual predator" means a person to whom either of the	3371
following applies:	3372

(1) The person has been convicted of or pleaded guilty to	3373
committing a sexually oriented offense that is not a	3374
registration-exempt sexually oriented offense and is likely to	3375
engage in the future in one or more sexually oriented offenses.	3376

(2) The person has been adjudicated a delinquent child for	3377
committing a sexually oriented offense that is not a	3378
registration-exempt sexually oriented offense, was fourteen years	3379
of age or older at the time of committing the offense, was	3380
classified a juvenile sex offender registrant based on that	3381
adjudication, and is likely to engage in the future in one or more	3382
sexually oriented offenses.	3383

(F) "Supervised release" means a release of an offender from	3384
a prison term, a term of imprisonment, or another type of	3385
confinement that satisfies either of the following conditions:	3386

(1) The release is on parole, a conditional pardon, or	3387
probation, under transitional control, or under a post-release	3388
control sanction, and it requires the person to report to or be	3389
supervised by a parole officer, probation officer, field officer,	3390
or another type of supervising officer.	3391

(2) The release is any type of release that is not described	3392
in division (F)(1) of this section and that requires the person to	3393
report to or be supervised by a probation officer, a parole	3394
officer, a field officer, or another type of supervising officer.	3395

(G) An offender or delinquent child is "adjudicated as being	3396
a sexual predator" or "adjudicated a sexual predator" if any of	3397
the following applies and if, regarding a delinquent child, that	3398
status has not been removed pursuant to section 2152.84, 2152.85,	3399
or 2950.09 of the Revised Code:	3400

(1) The offender is convicted of or pleads guilty to	3401
committing, on or after January 1, 1997, a sexually oriented	3402
offense that is a sexually violent offense and that is not a	3403
registration-exempt sexually oriented offense and also is	3404
convicted of or pleads guilty to a sexually violent predator	3405
specification that was included in the indictment, count in the	3406
indictment, or information that charged the sexually violent	3407
offense.	3408

(2) Regardless of when the sexually oriented offense was	3409
committed, on or after January 1, 1997, the offender is sentenced	3410
for a sexually oriented offense that is not a registration-exempt	3411
sexually oriented offense, and the sentencing judge determines	3412
pursuant to division (B) of section 2950.09 of the Revised Code	3413
that the offender is a sexual predator.	3414

(3) The delinquent child is adjudicated a delinquent child	3415
for committing a sexually oriented offense that is not a	3416
registration-exempt sexually oriented offense, was fourteen years	3417
of age or older at the time of committing the offense, and has	3418
been classified a juvenile sex offender registrant based on that	3419
adjudication, and the adjudicating judge or that judge's successor	3420
in office determines pursuant to division (B) of section 2950.09	3421
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	3422
the Revised Code that the delinquent child is a sexual predator.	3423

(4) Prior to January 1, 1997, the offender was convicted of	3424
or pleaded guilty to, and was sentenced for, a sexually oriented	3425
offense that is not a registration-exempt sexually oriented	3426
offense, the offender is imprisoned in a state correctional	3427
institution on or after January 1, 1997, and the court determines	3428
pursuant to division (C) of section 2950.09 of the Revised Code	3429
that the offender is a sexual predator.	3430

(5) Regardless of when the sexually oriented offense was	3431
committed, the offender or delinquent child is convicted of or	3432
pleads guilty to, has been convicted of or pleaded guilty to, or	3433
is adjudicated a delinquent child for committing a sexually	3434
oriented offense that is not a registration-exempt sexually	3435
oriented offense in another state or, in a federal court, military	3436
court, or an Indian tribal court, or in a court in any nation	3437
other than the United States, as a result of that conviction, plea	3438
of guilty, or adjudication, the offender or delinquent child is	3439
required, under the law of the jurisdiction in which the offender	3440
was convicted or pleaded guilty or the delinquent child was	3441
adjudicated, to register as a sex offender until the offender's or	3442
delinquent child's death and to verify the offender's or	3443
delinquent child's address on at least a quarterly basis each	3444
year, and, on or after July 1, 1997, for offenders or January 1,	3445
2002, for delinquent children, the offender or delinquent child	3446
moves to and resides in this state or temporarily is domiciled in	3447
this state for more than sevenfive days or the offender is	3448
required under section 2950.04 of the Revised Code to register a	3449
school, institution of higher education, or place of employment	3450
address in this state, unless a court of common pleas or juvenile	3451
court determines that the offender or delinquent child is not a	3452
sexual predator pursuant to division (F) of section 2950.09 of the	3453
Revised Code.	3454

(H) "Sexually violent predator specification," and "sexually	3455
violent offense," "sexual motivation," and "violent sex offense"	3456
have the same meanings as in section 2971.01 of the Revised Code.	3457

(I) "Post-release control sanction" and "transitional	3458
control" have the same meanings as in section 2967.01 of the	3459
Revised Code.	3460

(J) "Juvenile sex offender registrant" means a person who is	3461
adjudicated a delinquent child for committing on or after January	3462
1, 2002, a sexually oriented offense that is not a	3463
registration-exempt sexually oriented offense or a child-victim	3464
oriented offense, who is fourteen years of age or older at the	3465
time of committing the offense, and who a juvenile court judge,	3466
pursuant to an order issued under section 2152.82, 2152.83,	3467
2152.84, or 2152.85 of the Revised Code, classifies a juvenile sex	3468
offender registrant and specifies has a duty to register under	3469
sectioncomply with sections 2950.04, 2950.05, and 2950.06 of the	3470
Revised Code if the child committed a sexually oriented offense or	3471
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	3472
if the child committed a child-victim oriented offense. "Juvenile	3473
offender registrant" includes a person who, prior to the effective	3474
date of this amendment, was a "juvenile sex offender registrant"	3475
under the former definition of that former term.	3476

(K) "Secure facility" means any facility that is designed and	3477
operated to ensure that all of its entrances and exits are locked	3478
and under the exclusive control of its staff and to ensure that,	3479
because of that exclusive control, no person who is	3480
institutionalized or confined in the facility may leave the	3481
facility without permission or supervision.	3482

(L) "Out-of-state juvenile sex offender registrant" means a	3483
person who is adjudicated a delinquent child for committing a	3484
sexually oriented offense in a court in another state or, in a	3485
federal court, military court, or Indian tribal court, or in a	3486
court in any nation other than the United States for committing a	3487
sexually oriented offense that is not a registration-exempt	3488
sexually oriented offense or a child-victim oriented offense, who	3489
on or after January 1, 2002, moves to and resides in this state or	3490
temporarily is domiciled in this state for more than sevenfive	3491
days, and who has a duty under section 2950.04 of the Revised Code	3492
has a duty to register in this state as described in that section	3493
and the duty to otherwise comply with that section and sections	3494
2950.05 and 2950.06 of the Revised Code if the child committed a	3495
sexually oriented offense or has a duty under section 2950.041 of	3496
the Revised Code to register in this state and the duty to	3497
otherwise comply with that section and sections 2950.05 and	3498
2950.06 of the Revised Code if the child committed a child-victim	3499
oriented offense. "Out-of-state juvenile offender registrant"	3500
includes a person who, prior to the effective date of this	3501
amendment, was an "out-of-state juvenile sex offender registrant"	3502
under the former definition of that former term.	3503

(M) "Juvenile court judge" includes a magistrate to whom the	3504
juvenile court judge confers duties pursuant to division (A)(15)	3505
of section 2151.23 of the Revised Code.	3506

(N) "Adjudicated a delinquent child for committing a sexually	3507
oriented offense" includes a child who receives a serious youthful	3508
offender dispositional sentence under section 2152.13 of the	3509
Revised Code for committing a sexually oriented offense.	3510

(O) "Aggravated sexually oriented offense" means a violation	3511
of division (A)(1)(b) of section 2907.02 of the Revised Code	3512
committed on or after June 13, 2002, or a violation of division	3513
(A)(2) of that section committed on or after the effective date of	3514
this amendment.	3515

(P)(1) "Presumptive registration-exempt sexually oriented	3516
offense" means any of the following sexually oriented offenses	3517
described in division (P)(1)(a), (b), (c), (d), or (e) of this	3518
section, when the offense is committed by a person who previously	3519
has not been convicted of, pleaded guilty to, or adjudicated a	3520
delinquent child for committing any sexually oriented offense	3521
described in division (P)(1)(a), (b), (c), (d), or (e) of this	3522
section, any other sexually oriented offense, or any child-victim	3523
oriented offense and when the victim or intended victim of the	3524
offense is eighteen years of age or older:	3525

(a) Any sexually oriented offense listed in division	3526
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	3527
is eighteen years of age or older or, subject to division	3528
(P)(1)(e) of this section, committed by a person who is under	3529
eighteen years of age;	3530

(b) Any violation of any former law of this state, any	3531
existing or former municipal ordinance or law of another state or	3532
the United States, any existing or former law applicable in a	3533
military court or in an Indian tribal court, or any existing or	3534
former law of any nation other than the United States that is	3535
committed by a person who is eighteen years of age or older and	3536
that is or was substantially equivalent to any sexually oriented	3537
offense listed in division (P)(1)(a) of this section;	3538

(c) Subject to division (P)(1)(e) of this section, any	3539
violation of any former law of this state, any existing or former	3540
municipal ordinance or law of another state or the United States,	3541
any existing or former law applicable in a military court or in an	3542
Indian tribal court, or any existing or former law of any nation	3543
other than the United States that is committed by a person who is	3544
under eighteen years of age, that is or was substantially	3545
equivalent to any sexually oriented offense listed in division	3546
(P)(1)(a) of this section, and that would be a felony of the	3547
fourth degree if committed by an adult;	3548

(d) Any attempt to commit, conspiracy to commit, or	3549
complicity in committing any offense listed in division (P)(1)(a)	3550
or (b) of this section if the person is eighteen years of age or	3551
older or, subject to division (P)(1)(e) of this section, listed in	3552
division (P)(1)(a) or (c) of this section if the person is under	3553
eighteen years of age.	3554

(e) Regarding an act committed by a person under eighteen	3555
years of age, if the child's case has been transferred for	3556
criminal prosecution under section 2152.12 of the Revised Code,	3557
the act is any sexually oriented offense listed in division	3558
(P)(1)(a), (b), or (d) of this section.	3559

(2) "Presumptive registration-exempt sexually oriented	3560
offense" does not include any sexually oriented offense described	3561
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	3562
is committed by a person who previously has been convicted of,	3563
pleaded guilty to, or adjudicated a delinquent child for	3564
committing any sexually oriented offense described in division	3565
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	3566
sexually oriented offense.	3567

(Q)(1) "Registration-exempt sexually oriented offense" means	3568
any presumptive registration-exempt sexually oriented offense, if	3569
a court does not issue an order under section 2950.021 of the	3570
Revised Code that removes the presumptive exemption and subjects	3571
the offender who was convicted of or pleaded guilty to the offense	3572
to registration under section 2950.04 of the Revised Code and all	3573
other duties and responsibilities generally imposed under this	3574
chapter upon persons who are convicted of or plead guilty to any	3575
sexually oriented offense other than a presumptive	3576
registration-exempt sexually oriented offense or that removes the	3577
presumptive exemption and potentially subjects the child who was	3578
adjudicated a delinquent child for committing the offense to	3579
classification as a juvenile offender registrant under sections	3580
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	3581
registration under section 2950.04 of the Revised Code and all	3582
other duties and responsibilities generally imposed under this	3583
chapter upon persons who are adjudicated delinquent children for	3584
committing a sexually oriented offense other than a presumptive	3585
registration-exempt sexually oriented offense.	3586

(2) "Registration-exempt sexually oriented offense" does not	3587
include a presumptive registration-exempt sexually oriented	3588
offense if a court issues an order under section 2950.021 of the	3589
Revised Code that removes the presumptive exemption and subjects	3590
the offender or potentially subjects the delinquent child to the	3591
duties and responsibilities described in division (Q)(1) of this	3592
section.	3593

(R) "School" and "school premises" have the same meanings as	3594
in section 2925.01 of the Revised Code.	3595

(S)(1) "Child-victim oriented offense" means any of the	3596
following:	3597

(a) Subject to division (S)(2) of this section, any of the	3598
following violations or offenses committed by a person eighteen	3599
years of age or older, when the victim of the violation is under	3600
eighteen years of age and is not a child of the person who commits	3601
the violation:	3602

(i) A violation of division (A)(1), (2), (3), or (5) of	3603
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	3604
former section 2905.04 of the Revised Code;	3605

(ii) A violation of any former law of this state, any	3606
existing or former municipal ordinance or law of another state or	3607
the United States, any existing or former law applicable in a	3608
military court or in an Indian tribal court, or any existing or	3609
former law of any nation other than the United States, that is or	3610
was substantially equivalent to any offense listed in division	3611
(S)(1)(a)(i) of this section;	3612

(iii) An attempt to commit, conspiracy to commit, or	3613
complicity in committing any offense listed in division	3614
(S)(1)(a)(i) or (ii) of this section.	3615

(b) Subject to division (S)(2) of this section, an act	3616
committed by a person under eighteen years of age that is any of	3617
the following, when the victim of the violation is under eighteen	3618
years of age and is not a child of the person who commits the	3619
violation:	3620

(i) Subject to division (S)(1)(b)(iv) of this section, a	3621
violation of division (A)(1), (2), (3), or (5) of section 2905.01	3622
or of former section 2905.04 of the Revised Code;	3623

(ii) Subject to division (S)(1)(b)(iv) of this section, any	3624
violation of any former law of this state, any existing or former	3625
municipal ordinance or law of another state or the United States,	3626
any existing or former law applicable in a military court or in an	3627
Indian tribal court, or any existing or former law of any nation	3628
other than the United States, that is or was substantially	3629
equivalent to any offense listed in division (S)(1)(b)(i) of this	3630
section and that, if committed by an adult, would be a felony of	3631
the first, second, third, or fourth degree;	3632

(iii) Subject to division (S)(1)(b)(iv) of this section, any	3633
attempt to commit, conspiracy to commit, or complicity in	3634
committing any offense listed in division (S)(1)(b)(i) or (ii) of	3635
this section;	3636

(iv) If the child's case has been transferred for criminal	3637
prosecution under section 2152.12 of the Revised Code, the act is	3638
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	3639
this section or would be any offense listed in any of those	3640
divisions if committed by an adult.	3641

(2) "Child-victim oriented offense" does not include any	3642
offense identified in division (S)(1)(a) or (b) of this section	3643
that is a sexually violent offense. An offense identified in	3644
division (S)(1)(a) or (b) of this section that is a sexually	3645
violent offense is within the definition of a sexually oriented	3646
offense.	3647

(T)(1) "Habitual child-victim offender" means, except when a	3648
juvenile judge removes this classification pursuant to division	3649
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	3650
the Revised Code, a person to whom both of the following apply:	3651

(a) The person is convicted of or pleads guilty to a	3652
child-victim oriented offense, or the person is adjudicated a	3653
delinquent child for committing on or after January 1, 2002, a	3654
child-victim oriented offense, was fourteen years of age or older	3655
at the time of committing the offense, and is classified a	3656
juvenile offender registrant based on that adjudication.	3657

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

3658

(i) Regarding a person who is an offender, the person	3659
previously was convicted of or pleaded guilty to one or more	3660
child-victim oriented offenses or previously was adjudicated a	3661
delinquent child for committing one or more child-victim oriented	3662
offenses and was classified a juvenile offender registrant or	3663
out-of-state juvenile offender registrant based on one or more of	3664
those adjudications, regardless of when the offense was committed	3665
and regardless of the person's age at the time of committing the	3666
offense.	3667

(ii) Regarding a delinquent child, the person previously was	3668
convicted of, pleaded guilty to, or was adjudicated a delinquent	3669
child for committing one or more child-victim oriented offenses,	3670
regardless of when the offense was committed and regardless of the	3671
person's age at the time of committing the offense.	3672

(2) "Habitual child-victim offender" includes a person who	3673
has been convicted of, pleaded guilty to, or adjudicated a	3674
delinquent child for committing, a child-victim oriented offense	3675
and who, on and after the effective date of this amendment, is	3676
automatically classified a habitual child-victim offender pursuant	3677
to division (E) of section 2950.091 of the Revised Code.	3678

(U) "Child-victim predator" means a person to whom either of	3679
the following applies:	3680

(1) The person has been convicted of or pleaded guilty to	3681
committing a child-victim oriented offense and is likely to engage	3682
in the future in one or more child-victim oriented offenses.	3683

(2) The person has been adjudicated a delinquent child for	3684
committing a child-victim oriented offense, was fourteen years of	3685
age or older at the time of committing the offense, was classified	3686
a juvenile offender registrant based on that adjudication, and is	3687
likely to engage in the future in one or more child-victim	3688
oriented offenses.	3689

(V) An offender or delinquent child is "adjudicated as being	3690
a child-victim predator" or "adjudicated a child-victim predator"	3691
if any of the following applies and if, regarding a delinquent	3692
child, that status has not been removed pursuant to section	3693
2152.84, 2152.85, or 2950.09 of the Revised Code:	3694

(1) The offender or delinquent child has been convicted of,	3695
pleaded guilty to, or adjudicated a delinquent child for	3696
committing, a child-victim oriented offense and, on and after the	3697
effective date of this amendment, is automatically classified a	3698
child-victim predator pursuant to division (A) of section 2950.091	3699
of the Revised Code.	3700

(2) Regardless of when the child-victim oriented offense was	3701
committed, on or after the effective date of this amendment, the	3702
offender is sentenced for a child-victim oriented offense, and the	3703
sentencing judge determines pursuant to division (B) of section	3704
2950.091 of the Revived Code that the offender is a child-victim	3705
predator.	3706

(3) The delinquent child is adjudicated a delinquent child	3707
for committing a child-victim oriented offense, was fourteen years	3708
of age or older at the time of committing the offense, and has	3709
been classified a juvenile offender registrant based on that	3710
adjudication, and the adjudicating judge or that judge's successor	3711
in office determines pursuant to division (B) of section 2950.09	3712
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	3713
the Revised Code that the delinquent child is a child-victim	3714
predator.	3715

(4) Prior to the effective date of this section, the offender	3716
was convicted of or pleaded guilty to a child-victim oriented	3717
offense, at the time of the conviction or guilty plea, the offense	3718
was considered a sexually oriented offense, on or after the	3719
effective date of this amendment, the offender is serving a term	3720
of imprisonment in a state correctional institution, and the court	3721
determines pursuant to division (C) of section 2950.091 of the	3722
Revised Code that the offender is a child-victim predator.	3723

(5) Regardless of when the child-victim oriented offense was	3724
committed, the offender or delinquent child is convicted, pleads	3725
guilty, has been convicted, pleaded guilty, or adjudicated a	3726
delinquent child in a court in another state, in a federal court,	3727
military court, or Indian tribal court, or in a court in any	3728
nation other than the United States for committing a child-victim	3729
oriented offense, as a result of that conviction, plea of guilty,	3730
or adjudication, the offender or delinquent child is required	3731
under the law of the jurisdiction in which the offender was	3732
convicted or pleaded guilty or the delinquent child was	3733
adjudicated, to register as a child-victim offender or sex	3734
offender until the offender's or delinquent child's death, and, on	3735
or after July 1, 1997, for offenders or January 1, 2002, for	3736
delinquent children the offender or delinquent child moves to and	3737
resides in this state or temporarily is domiciled in this state	3738
for more than five days or the offender is required under section	3739
2950.041 of the Revised Code to register a school, institution of	3740
higher education, or place of employment address in this state,	3741
unless a court of common pleas or juvenile court determines that	3742
the offender or delinquent child is not a child-victim predator	3743
pursuant to division (F) of section 2950.091 of the Revised Code.	3744

(W) "Residential premises" means the building in which a	3745
residential unit is located and the grounds upon which that	3746
building stands, extending to the perimeter of the property.	3747
"Residential premises" includes any type of structure in which a	3748
residential unit is located, including, but not limited to,	3749
multi-unit buildings and mobile and manufactured homes.	3750

(X) "Residential unit" means a dwelling unit for residential	3751
use and occupancy, and includes the structure or part of a	3752
structure that is used as a home, residence, or sleeping place by	3753
one person who maintains a household or two or more persons who	3754
maintain a common household.	3755

(Y) "Multi-unit building" means a building in which is	3756
located more than twelve residential units that have entry doors	3757
that open directly into the unit from a hallway that is shared	3758
with one or more other units. A residential unit is not considered	3759
located in a multi-unit building if the unit does not have an	3760
entry door that opens directly into the unit from a hallway that	3761
is shared with one or more other units or if the unit is in a	3762
building that is not a multi-unit building as described in this	3763
division.	3764

Sec. 2950.02.  (A) The general assembly hereby determines and	3765
declares that it recognizes and finds all of the following:	3766

(1) If the public is provided adequate notice and information	3767
about sexual predators, habitual sex offenders, and certain other	3768
offenders and delinquent children who commit sexually oriented	3769
offenses that are not registration-exempt sexually oriented	3770
offenses or who commit child-victim oriented offenses, members of	3771
the public and communities can develop constructive plans to	3772
prepare themselves and their children for the sexual predator's,	3773
habitual sex offender's, or other offender's or delinquent child's	3774
release from imprisonment, a prison term, or other confinement or	3775
detention. This allows members of the public and communities to	3776
meet with members of law enforcement agencies to prepare and	3777
obtain information about the rights and responsibilities of the	3778
public and the communities and to provide education and counseling	3779
to their children.	3780

(2) Sexual predators and habitual sexSex offenders and	3781
offenders who commit child-victim oriented offenses pose a high	3782
risk of engaging in further offensessexually abusive behavior	3783
even after being released from imprisonment, a prison term, or	3784
other confinement or detention, and that protection of members of	3785
the public from sexual predators and habitual sex offenders and	3786
offenders who commit child-victim oriented offenses is a paramount	3787
governmental interest.	3788

(3) The penal, juvenile, and mental health components of the	3789
justice system of this state are largely hidden from public view,	3790
and a lack of information from any component may result in the	3791
failure of the system to satisfy this paramount governmental	3792
interest of public safety described in division (A)(2) of this	3793
section.	3794

(4) Overly restrictive confidentiality and liability laws	3795
governing the release of information about sexual predators and	3796
habitual sex offenders and offenders who commit child-victim	3797
oriented offenses have reduced the willingness to release	3798
information that could be appropriately released under the public	3799
disclosure laws and have increased risks of public safety.	3800

(5) A person who is found to be a sexual predator or a	3801
habitual sex offender or to have committed a child-victim oriented	3802
offense has a reduced expectation of privacy because of the	3803
public's interest in public safety and in the effective operation	3804
of government.	3805

(6) The release of information about sexual predators and	3806
habitual sex offenders and offenders who commit child-victim	3807
oriented offenses to public agencies and the general public will	3808
further the governmental interests of public safety and public	3809
scrutiny of the criminal, juvenile, and mental health systems as	3810
long as the information released is rationally related to the	3811
furtherance of those goals.	3812

(B) The general assembly hereby declares that, in providing	3813
in this chapter for registration regarding sexual predators,	3814
habitual sex offenders, and offenders and certain delinquent	3815
children who have committed sexually oriented offenses that are	3816
not registration-exempt sexually oriented offenses or who have	3817
committed child-victim oriented offenses and for community	3818
notification regarding sexual predators and, child-victim	3819
predators, habitual sex offenders, and habitual child-victim	3820
offenders who are about to be or have been released from	3821
imprisonment, a prison term, or other confinement or detention and	3822
who will live in or near a particular neighborhood or who	3823
otherwise will live in or near a particular neighborhood, it is	3824
the general assembly's intent to protect the safety and general	3825
welfare of the people of this state. The general assembly further	3826
declares that it is the policy of this state to require the	3827
exchange in accordance with this chapter of relevant information	3828
about sexual predators and habitual sex offenders and offenders	3829
who commit child-victim oriented offenses among public agencies	3830
and officials and to authorize the release in accordance with this	3831
chapter of necessary and relevant information about sexual	3832
predators and habitual sex offenders and offenders who commit	3833
child-victim oriented offenses to members of the general public as	3834
a means of assuring public protection and that the exchange or	3835
release of that information is not punitive.	3836

Sec. 2950.021. (A) If an offender is convicted of or pleads	3837
guilty to, or a child is adjudicated a delinquent child for	3838
committing, any presumptive registration-exempt sexually oriented	3839
offense, the court that is imposing sentence on the offender for	3840
that offense or the juvenile court that is making the disposition	3841
of the delinquent child for that offense may determine, prior to	3842
imposing the sentence or making the disposition, that the offender	3843
should be subjected to registration under section 2950.04 of the	3844
Revised Code and all other duties and responsibilities generally	3845
imposed under this chapter upon persons who are convicted of or	3846
plead guilty to any sexually oriented offense other than a	3847
presumptive registration-exempt sexually oriented offense or that	3848
the child potentially should be subjected to classification as a	3849
juvenile offender registrant under sections 2152.82, 2152.83,	3850
2152.84, or 2152.85 of the Revised Code and to registration under	3851
section 2950.04 of the Revised Code and all other duties and	3852
responsibilities generally imposed under this chapter upon persons	3853
who are adjudicated delinquent children for committing a sexually	3854
oriented offense other than a presumptive registration-exempt	3855
sexually oriented offense. The court may make a determination as	3856
described in this division without a hearing but may conduct a	3857
hearing on the matter. In making a determination under this	3858
division, the court shall consider all relevant factors,	3859
including, but not limited to, public safety, the interests of	3860
justice, and the determinations, findings, and declarations of the	3861
general assembly regarding sex offenders and child-victim	3862
offenders that are set forth in section 2950.02 of the Revised	3863
Code.	3864

(B) If a court determines under division (A) of this section	3865
that an offender who has been convicted of or pleaded guilty to a	3866
presumptive registration-exempt sexually oriented offense should	3867
be subjected to registration under section 2950.04 of the Revised	3868
Code and all other duties and responsibilities generally imposed	3869
under this chapter upon persons who are convicted of or plead	3870
guilty to any sexually oriented offense other than a presumptive	3871
registration-exempt sexually oriented offense or that a delinquent	3872
child potentially should be subjected to classification as a	3873
juvenile offender registrant under sections 2152.82, 2152.83,	3874
2152.84, or 2152.85 of the Revised Code and to registration under	3875
section 2950.04 of the Revised Code and all other duties and	3876
responsibilities generally imposed under this chapter upon persons	3877
who are adjudicated delinquent children for committing a sexually	3878
oriented offense other than a presumptive registration-exempt	3879
sexually oriented offense, all of the following apply:	3880

(1) The court shall issue an order that contains its	3881
determination and that removes the presumptive exemption from	3882
registration for the sexually oriented offense, shall include the	3883
order in the offender's sentence or in the delinquent child's	3884
dispositional order, and shall enter the order in the record in	3885
the case.	3886

(2) Regarding an offender, the presumptive exemption from	3887
registration is terminated, and the offender is subject to	3888
registration under section 2950.04 of the Revised Code and all	3889
other duties and responsibilities generally imposed under this	3890
chapter upon persons who are convicted of or plead guilty to any	3891
sexually oriented offense other than a presumptive	3892
registration-exempt sexually oriented offense.	3893

(3) Regarding a delinquent child, the presumptive exemption	3894
from registration is terminated, the delinquent child is	3895
potentially subject to classification as a juvenile offender	3896
registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of	3897
the Revised Code and to registration under section 2950.04 of the	3898
Revised Code and all other duties and responsibilities generally	3899
imposed under this chapter upon persons who are adjudicated	3900
delinquent children for committing a sexually oriented offense	3901
other than a presumptive registration-exempt sexually oriented	3902
offense, and the juvenile court shall proceed as required and may	3903
proceed as authorized under section 2152.82, 2152.83, 2152.84, or	3904
2152.85 of the Revised Code regarding the child in the same manner	3905
as for persons who are adjudicated delinquent children for	3906
committing a sexually oriented offense other than a presumptive	3907
registration-exempt sexually oriented offense.	3908

Sec. 2950.03. (A) Each person who has been convicted of, is	3909
convicted of, has pleaded guilty to, or pleads guilty to a	3910
sexually oriented offense that is not a registration-exempt	3911
sexually oriented offense and who has a duty to register pursuant	3912
to section 2950.04 of the Revised Code, and each person who is	3913
adjudicated a delinquent child for committing a sexually oriented	3914
offense that is not a registration-exempt sexually oriented	3915
offense and who is classified pursuant to section 2152.82 or	3916
division (A) of section 2152.83 of the Revised Code a juvenile sex	3917
offender registrant based on that adjudication, each person who	3918
has been convicted of, is convicted of, has pleaded guilty to, or	3919
pleads guilty to a child-victim oriented offense and has a duty to	3920
register pursuant to section 2950.041 of the Revised Code, and	3921
each person who is adjudicated a delinquent child for committing a	3922
child-victim oriented offense and who is classified a juvenile	3923
offender registrant based on that adjudication shall be provided	3924
notice in accordance with this section of the offender's or	3925
delinquent child's duty to register under sectionduties imposed	3926
under sections 2950.04 of the Revised Code, the offender's or	3927
delinquent child's duty to provide notice of any change in the	3928
offender's or delinquent child's residence address and to register	3929
the new residence address pursuant to section, 2950.041, 2950.05	3930
of the Revised Code, and the offender's or delinquent child's duty	3931
to periodically verify the offender's or delinquent child's	3932
residence address pursuant to section, and 2950.06 of the Revised	3933
Code and of the offender's duties to similarly register, provide	3934
notice of a change, and verify addresses in another state if the	3935
offender resides, is temporarily domiciled, attends a school or	3936
institution of higher education, or is employed in a state other	3937
than this state. A person who has been convicted of, is convicted	3938
of, has pleaded guilty to, or pleads guilty to a sexually oriented	3939
offense that is a registration-exempt sexually oriented offense,	3940
and a person who is or has been adjudicated a delinquent child for	3941
committing a sexually oriented offense that is a	3942
registration-exempt sexually oriented offense, does not have a	3943
duty to register under section 2950.04 of the Revised Code based	3944
on that conviction, guilty plea, or adjudication, and no notice is	3945
required to be provided to that person under this division based	3946
on that conviction, guilty plea, or adjudication. The following	3947
official shall provide the notice required under this division to	3948
the offender or delinquent childspecified person at the following	3949
time:	3950

(1) Regardless of when the offenderperson committed the	3951
sexually oriented offense or child-victim oriented offense, if the	3952
person is an offender who is sentenced for the sexually oriented	3953
offense or child-victim oriented offense to a prison term, a term	3954
of imprisonment, or any other type of confinement, and if, on or	3955
after January 1, 1997, the offender is serving that term or is	3956
under that confinement, the official in charge of the jail,	3957
workhouse, state correctional institution, or other institution in	3958
which the offender serves the prison term, term of imprisonment,	3959
or confinement, or a designee of that official, shall provide the	3960
notice to the offender before the offender is released pursuant to	3961
any type of supervised release or before the offender otherwise is	3962
released from the prison term, term of imprisonment, or	3963
confinement. This division applies to a child-victim oriented	3964
offense if the offender is sentenced for the offense on or after	3965
the effective date of this amendment or if, prior to the effective	3966
date of this amendment, the child-victim oriented offense was a	3967
sexually oriented offense and the offender was sentenced as	3968
described in this division for the child-victim oriented offense	3969
when it was designated a sexually oriented offense. If a person	3970
was provided notice under this division prior to the effective	3971
date of this amendment in relation to an offense that, prior to	3972
the effective date of this amendment, was a sexually oriented	3973
offense but that, on and after the effective date of this	3974
amendment, is a child-victim oriented offense, the notice provided	3975
under this division shall suffice for purposes of this section as	3976
notice to the offender of the offender's duties under sections	3977
2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a	3978
result of the conviction of or plea of guilty to the child-victim	3979
oriented offense.	3980

(2) Regardless of when the offenderperson committed the	3981
sexually oriented offense or child-victim oriented offense, if the	3982
person is an offender who is sentenced for the sexually oriented	3983
offense on or after January 1, 1997, or who is sentenced for the	3984
child-victim oriented offense on or after the effective date of	3985
this amendment and if division (A)(1) of this section does not	3986
apply, the judge shall provide the notice to the offender at the	3987
time of sentencing. If a person was provided notice under this	3988
division prior to the effective date of this amendment in relation	3989
to an offense that, prior to the effective date of this amendment,	3990
was a sexually oriented offense but that, on and after the	3991
effective date of this amendment, is a child-victim oriented	3992
offense, the notice so provided under this division shall suffice	3993
for purposes of this section as notice to the offender of the	3994
offender's duties under sections 2950.041, 2950.05, and 2950.06 of	3995
the Revised Code imposed as a result of the conviction of or plea	3996
of guilty to the child-victim oriented offense.	3997

(3) If the person is an offender who committed the sexually	3998
oriented offense prior to January 1, 1997, if neither division	3999
(A)(1) nor division (A)(2) of this section applies, and if,	4000
immediately prior to January 1, 1997, the offender was a habitual	4001
sex offender who was required to register under Chapter 2950. of	4002
the Revised Code, the chief of police or sheriff with whom the	4003
offender most recently registered under that chapter, in the	4004
circumstances described in this division, shall provide the notice	4005
to the offender. If the offender has registered with a chief of	4006
police or sheriff under Chapter 2950. of the Revised Code as it	4007
existed prior to January 1, 1997, the chief of police or sheriff	4008
with whom the offender most recently registered shall provide the	4009
notice to the offender as soon as possible after January 1, 1997,	4010
as described in division (B)(1) of this section. If the offender	4011
has not registered with a chief of police or sheriff under that	4012
chapter, the failure to register shall constitute a waiver by the	4013
offender of any right to notice under this section. If an offender	4014
described in this division does not receive notice under this	4015
section, the offender is not relieved of the duty to register, the	4016
duty to provide notice of any change in residence address and to	4017
register the new residence address, and the duty to periodically	4018
verify the residence address, as described in division (A) of this	4019
sectionoffender's duties imposed under sections 2950.04, 2950.05,	4020
and 2950.06 of the Revised Code.	4021

(4) If the person is an offender of the type described in	4022
division (A)(1) of this section and if, subsequent to release, the	4023
offender is adjudicated as being a sexual predator pursuant to	4024
division (C) of section 2950.09 of the Revised Code or a	4025
child-victim predator pursuant to division (C) of section 2950.091	4026
of the Revised Code, the judge shall provide the notice to the	4027
offender at the time of adjudication.	4028

(5) If the person is a delinquent child who is classified	4029
pursuant to section 2152.82 or division (A) of section 2152.83 of	4030
the Revised Code a juvenile sex offender registrant, the judge	4031
shall provide the notice to the delinquent child at the time of	4032
the classificationspecified in division (B) of section 2152.82,	4033
division (D) of section 2152.83, division (C) of section 2152.84,	4034
or division (E) of section 2152.85 of the Revised Code, whichever	4035
is applicable. If a delinquent child was provided notice under	4036
this division prior to the effective date of this amendment in	4037
relation to an offense that, prior to the effective date of this	4038
amendment, was a sexually oriented offense but that, on and after	4039
the effective date of this amendment, is a child-victim oriented	4040
offense, the notice so provided under this division shall suffice	4041
for purposes of this section as notice to the delinquent child of	4042
the delinquent child's duties under sections 2950.041, 2950.05,	4043
and 2950.06 of the Revised Code imposed as a result of the	4044
adjudication as a delinquent child for the child-victim oriented	4045
offense.	4046

(6) If the person is an offender in any category described in	4047
division (A)(1), (2), (3), or (4) of this section and if, prior to	4048
the effective date of this amendment, the offender was provided	4049
notice of the offender's duties in accordance with that division,	4050
not later than ninety days after the effective date of this	4051
amendment, the sheriff with whom the offender most recently	4052
registered or verified an address under section 2950.04, 2950.041,	4053
2950.05, or 2950.06 of the Revised Code shall provide notice to	4054
the offender of the offender's duties imposed on and after the	4055
effective date of this amendment pursuant to any of those sections	4056
to register a school, institution of higher education, or place of	4057
employment address, provide notice of a change of that address,	4058
and verify that address. The sheriff may provide the notice to the	4059
offender at the time the offender registers, provides notice of a	4060
change in, or verifies a residence, school, institution of higher	4061
education, or place of employment address under any of those	4062
sections within the specified ninety-day period. If the offender	4063
does not so register, provide notice of a change in, or verify an	4064
address within the specified ninety-day period, the sheriff shall	4065
provide the notice to the offender by sending it to the offender	4066
at the most recent residence address available for the offender.	4067
If the offender was required to register prior to the effective	4068
date of this amendment and failed to do so, the failure to	4069
register constitutes a waiver by the offender of any right to	4070
notice under this division. If the offender has not registered	4071
prior to the effective date of this amendment, the offender is	4072
presumed to have knowledge of the law and of the duties referred	4073
to in this division that are imposed on and after the effective	4074
date of this amendment. If an offender does not receive notice	4075
under this division, the offender is not relieved of any of the	4076
duties described in this division.	4077

(7) If the person is an offender or delinquent child who has	4078
a duty to register in this state pursuant to division (A)(3) of	4079
section 2950.04 or 2950.041 of the Revised Code, the offender or	4080
delinquent child is presumed to have knowledge of the law and of	4081
the offender's or delinquent child's duties imposed under sections	4082
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	4083

(B)(1) The notice provided under division (A) of this section	4084
shall inform the offender or delinquent child of the offender's or	4085
delinquent child's duty to register under section 2950.04 of the	4086
Revised Code, to notify the appropriate officialsprovide notice	4087
of a change in the offender's or delinquent child's residence	4088
address or in the offender's school, institution of higher	4089
education, or place of employment address, as applicable, and to	4090
register the new residence address in accordance with section	4091
2950.05 of the Revised Code, and to periodically verify athe	4092
offender's or delinquent child's residence address under section	4093
or the offender's school, institution of higher education, or	4094
place of employment address, as applicable, and, if applicable, to	4095
provide notice of the offender's or delinquent child's intent to	4096
reside, pursuant to sections 2950.04, 2950.041, 2950.05, and	4097
2950.06 of the Revised Code. The notice shall specify that, for an	4098
offender, it applies regarding residence addresses or school,	4099
institution of higher education, and place of employment addresses	4100
and that, for a delinquent child, it applies regarding residence	4101
addresses. Additionally, it shall inform the offender of the	4102
offender's duties to similarly register, provide notice of a	4103
change in, and verify those addresses in states other than this	4104
state as described in division (A) of this section. A notice	4105
provided under division (A)(6) of this section shall state the new	4106
duties imposed on the offender on and after the effective date of	4107
this amendment to register, provide notice of a change in, and	4108
periodically verify, a school, institution of higher education, or	4109
place of employment address and specify that the new duties are in	4110
addition to the prior duties imposed upon the offender. A notice	4111
provided under division (A)(1), (2), (3), (4), or (5) of this	4112
section shall comport with the following:	4113

(a) If the notice is provided to an offender under division	4114
(A)(3) of this section, the notice shall be on a form that is	4115
prescribed by the bureau of criminal identification and	4116
investigation and that statesstate the offender's duties to	4117
register, to file a notice of intent to reside, if applicable, to	4118
register a new residence address or new school, institution of	4119
higher education, or place of employment address, and to	4120
periodically verify a residence addressthose addresses, the	4121
offender's duties in other states as described in division (A) of	4122
this section, and that, if the offender has any questions	4123
concerning these duties, the offender may contact the chief of	4124
police or sheriff who sent the form for an explanation of the	4125
duties. If the offender appears in person before the chief of	4126
police or sheriff, the chief or sheriff shall provide the notice	4127
as described in division (B)(1)(a) of this section, and all	4128
provisions of this section that apply regarding a notice provided	4129
by an official, official's designee, or judge in that manner shall	4130
be applicable.	4131

(b) If the notice is provided to an offender under division	4132
(A)(1), (2), or (4) of this section, the official, official's	4133
designee, or judge shall require the offender to read and sign a	4134
form prescribed by the bureau of criminal identification and	4135
investigation, stating that the offender's duties to register, to	4136
file a notice of intent to reside, if applicable, to register a	4137
new residence address or new school, institution of higher	4138
education, or place of employment address, and to periodically	4139
verify a residence addressthose addresses, and the offender's	4140
duties in other states as described in division (A) of this	4141
section have been explained to the offender. If the offender is	4142
unable to read, the official, official's designee, or judge shall	4143
certify on the form that the official, designee, or judge	4144
specifically informed the offender of those duties and that the	4145
offender indicated an understanding of those duties.	4146

(c) If the notice is provided to a delinquent child under	4147
division (A)(5) of this section, the judge shall require the	4148
delinquent child and the delinquent child's parent, guardian, or	4149
custodian to read and sign a form prescribed by the bureau of	4150
criminal identification and investigation, stating that the	4151
delinquent child's duties to register, to file a notice of intent	4152
to reside, if applicable, to register a new residence address, and	4153
to periodically verify a residencethat address have been	4154
explained to the delinquent child and to the delinquent child's	4155
parent, guardian, or custodian. If the delinquent child or the	4156
delinquent child's parent, guardian, or custodian is unable to	4157
read, the judge shall certify on the form that the judge	4158
specifically informed the delinquent child or the delinquent	4159
child's parent, guardian, or custodian of those duties and that	4160
the delinquent child or the delinquent child's parent, guardian,	4161
or custodian indicated an understanding of those duties.	4162

(d) For any(2) The notice provided under divisiondivisions	4163
(A)(1) to (6) of this section, the form usedshall be on a form	4164
prescribed by the bureau of criminal identification and	4165
investigation and shall contain all of the information specified	4166
in division (A) of this section and all of the information	4167
required by the bureau of criminal identification and	4168
investigation, including, but. The notice provided under divisions	4169
(A)(1) to (5) of this section shall include, but is not limited	4170
to, a statement that the subject delinquent child if applicable	4171
has been classified by the adjudicating juvenile court judge or	4172
the judge's successor in office a juvenile sex offender registrant	4173
and has a duty to registerall of the following:	4174

(a) For any notice provided under division (A)(1) to (5) of	4175
this section, a statement as to whether the offender or delinquent	4176
child has been adjudicated as being a sexual predator or a	4177
child-victim predator relative to the sexually oriented offense or	4178
child-victim oriented offense in question, a statement as to	4179
whether the offender or delinquent child has been determined to be	4180
a habitual sex offender or habitual child-victim offender, a	4181
statement as to whether the offense for which the offender has the	4182
duty to register is an aggravated sexually oriented offense	4183
committed on or after the effective date of this amendment, an	4184
explanation of the offender's periodic residence address or	4185
periodic school, institution of higher education, or place of	4186
employment address verification process andor of the delinquent	4187
child's periodic residence address verification process, an	4188
explanation of the frequency with which the offender or delinquent	4189
child will be required to verify the residence addressthose	4190
addresses under that process, and a statement that the offender or	4191
delinquent child must verify the residence addressthose addresses	4192
at the times specified under that process or face criminal	4193
prosecution or a delinquent child proceeding, and an explanation	4194
of the offender's duty to similarly register, verify, and	4195
reregister those addresses in another state if the offender	4196
resides in another state, attends a school or institution of	4197
higher education in another state, or is employed in another	4198
state.	4199

(e)(b) If the notice is provided under division (A)(4) of	4200
this section, in addition to all other information contained on	4201
it, the form also shall include a statement that the notice	4202
replaces any notice previously provided to the offender under	4203
division (A)(1) of this section, a statement that the offender's	4204
duties described in this notice supersede the duties described in	4205
the prior notice, and a statement notifying the offender that, if	4206
the offender already has registered under section 2950.04 or	4207
2950.041 of the Revised Code, the offender must register again	4208
pursuant to division (A)(6) of that section.;	4209

(c) If the notice is provided under division (A)(5) of this	4210
section, a statement that the delinquent child has been classified	4211
by the adjudicating juvenile court judge or the judge's successor	4212
in office a juvenile offender registrant and has a duty to comply	4213
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	4214
Revised Code;	4215

(f)(d) If the notice is provided under division (A)(5) of	4216
this section, the form, in addition to all other information	4217
contained on it, shall inform the delinquent child and the	4218
delinquent child's parent, guardian, or custodiana statement	4219
that, if the delinquent child fails to comply with the	4220
requirements of sections 2950.04, 2950.041, 2950.05, and 2950.06	4221
of the Revised Code, both of the following apply:	4222

(i) If the delinquent child's failure occurs while the child	4223
is under eighteen years of age, the child is subject to	4224
proceedings under Chapter 2152. of the Revised Code based on the	4225
failure, but if the failure occurs while the child is eighteen	4226
years of age or older, the child is subject to criminal	4227
prosecution based on the failure.	4228

(ii) If the delinquent child's failure occurs while the child	4229
is under eighteen years of age, unless the child is emancipated,	4230
as defined in section 2919.121 of the Revised Code, the failure of	4231
the parent, guardian, or custodian to ensure that the child	4232
complies with those requirements is a violation of section 2919.24	4233
of the Revised Code and may result in the prosecution of the	4234
parent, guardian, or custodian for that violation.	4235

(2)(3)(a) After an offender described in division (A)(1),	4236
(2), or (4) of this section has signed the form described in	4237
divisiondivisions (B)(1) and (2) of this section or the official,	4238
official's designee, or judge has certified on the form that the	4239
form has been explained to the offender and that the offender	4240
indicated an understanding of the duties indicated on it, the	4241
official, official's designee, or judge shall give one copy of the	4242
form to the offender, within three days shall send one copy of the	4243
form to the bureau of criminal identification and investigation in	4244
accordance with the procedures adopted pursuant to section 2950.13	4245
of the Revised Code, and shall send one copy of the form to the	4246
sheriff of the county in which the offender expects to reside.	4247

(b) After a chief of police or sheriff has sent a form to an	4248
offender under division (A)(3) of this section, the chief or	4249
sheriff shall send a copy of the form to the bureau of criminal	4250
identification and investigation in accordance with the procedures	4251
adopted pursuant to section 2950.13 of the Revised Code.	4252

(c) After a delinquent child described in division (A)(5) of	4253
this section and the delinquent child's parent, guardian, or	4254
custodian have signed the form described in divisiondivisions	4255
(B)(1) and (2) of this section or the judge has certified on the	4256
form that the form has been explained to the delinquent child or	4257
the delinquent child's parent, guardian, or custodian and that the	4258
delinquent child or the delinquent child's parent, guardian, or	4259
custodian indicated an understanding of the duties and information	4260
indicated on the form, the judge shall give a copy of the form to	4261
both the delinquent child and to the delinquent child's parent,	4262
guardian, or custodian, within three days shall send one copy of	4263
the form to the bureau of criminal identification and	4264
investigation in accordance with the procedures adopted pursuant	4265
to section 2950.13 of the Revised Code, and shall send one copy of	4266
the form to the sheriff of the county in which the delinquent	4267
child expects to reside.	4268

(C) The official, official's designee, judge, chief of	4269
police, or sheriff who is required to provide notice to an	4270
offender or delinquent child under divisiondivisions (A)(1) to	4271
(5) of this section shall do all of the following:	4272

(1) If the notice is provided under division (A)(1), (2),	4273
(4), or (5) of this section, the official, designee, or judge	4274
shall determine the offender's or delinquent child's name,	4275
identifying factors, and expected future residence address in this	4276
state or any other state, shall obtain the offender's or	4277
delinquent child's criminal and delinquency history, and shall	4278
obtain a photograph and the fingerprints of the offender or	4279
delinquent child. Regarding an offender, the official, designee,	4280
or judge also shall obtain from the offender the offender's	4281
current or expected future school, institution of higher	4282
education, or place of employment address in this state, if any.	4283
If the notice is provided by a judge under division (A)(2), (4),	4284
or (5) of this section, the sheriff shall provide the offender's	4285
or delinquent child's criminal and delinquency history to the	4286
judge. The official, official's designee, or judge shall obtain	4287
this information and these items prior to giving the notice,	4288
except that a judge may give the notice prior to obtaining the	4289
offender's or delinquent child's criminal and delinquency history.	4290
Within three days after receiving this information and these	4291
items, the official, official's designee, or judge shall forward	4292
the information and items to the bureau of criminal identification	4293
and investigation in accordance with the forwarding procedures	4294
adopted pursuant to section 2950.13 of the Revised Code and, to	4295
the sheriff of the county in which the offender or delinquent	4296
child expects to reside, and, regarding an offender, to the	4297
sheriff of the county, if any, in which the offender attends or	4298
will attend a school or institution of higher education or is or	4299
will be employed. If the notice is provided under division (A)(5)	4300
of this section and if the delinquent child has been committed to	4301
the department of youth services or to a secure facility, the	4302
judge, in addition to the other information and items described in	4303
this division, also shall forward to the bureau and to the sheriff	4304
notification that the child has been so committed. If it has not	4305
already done so, the bureau of criminal identification and	4306
investigation shall forward a copy of the fingerprints and	4307
conviction data received under this division to the federal bureau	4308
of investigation.	4309

(2) If the notice is provided under division (A)(3) of this	4310
section, the chief of police or sheriff shall determine the	4311
offender's name, identifying factors, and residence address in	4312
this state or any other state, shall obtain the offender's	4313
criminal history from the bureau of criminal identification and	4314
investigation, and, to the extent possible, shall obtain a	4315
photograph and the fingerprints of the offender. Regarding an	4316
offender, the chief or sheriff also shall obtain from the offender	4317
the offender's current or expected future school, institution of	4318
higher education, or place of employment address in this state, if	4319
any. Within three days after receiving this information and these	4320
items, the chief or sheriff shall forward the information and	4321
items to the bureau of criminal identification and investigation	4322
in accordance with the forwarding procedures adopted pursuant to	4323
section 2950.13 of the Revised Code and, in relation to a chief of	4324
police, to the sheriff of the county in which the offender	4325
resides, and, regarding an offender, to the sheriff of the county,	4326
if any, in which the offender attends or will attend a school or	4327
institution of higher education or is or will be employed. If it	4328
has not already done so, the bureau of criminal identification and	4329
investigation shall forward a copy of the fingerprints and	4330
conviction data so received to the federal bureau of	4331
investigation.	4332

Sec. 2950.031. (A) No person who has been convicted of, is	4333
convicted of, has pleaded guilty to, or pleads guilty to either a	4334
sexually oriented offense that is not a registration-exempt	4335
sexually oriented offense or a child-victim oriented offense shall	4336
establish a residence or occupy residential premises within one	4337
thousand feet of any school premises.	4338

(B) An owner or lessee of real property that is located	4339
within one thousand feet of any school premises has a cause of	4340
action for injunctive relief against a person who violates	4341
division (A) of this section by establishing a residence or	4342
occupying residential premises within one thousand feet of those	4343
school premises. The owner or lessee shall not be required to	4344
prove irreparable harm in order to obtain the relief.	4345

Sec. 2950.04. (A)(1) Each of the following types of offender	4346
who is convicted of or pleads guilty to, or has been convicted of	4347
or pleaded guilty to, a sexually oriented offense that is not a	4348
registration-exempt sexually oriented offense shall register	4349
personally with the sheriff of the county within sevenfive days	4350
of the offender's coming into a county in which the offender	4351
resides or temporarily is domiciled for more than sevenfive days,	4352
shall register personally with the sheriff of the county	4353
immediately upon coming into a county in which the offender	4354
attends a school or institution of higher education on a full-time	4355
or part-time basis regardless of whether the offender resides or	4356
has a temporary domicile in this state or another state, shall	4357
register personally with the sheriff of the county in which the	4358
offender is employed if the offender resides or has a temporary	4359
domicile in this state and has been employed in that county for	4360
more than fourteen days or for an aggregate period of thirty or	4361
more days in that calendar year, shall register personally with	4362
the sheriff of the county in which the offender then is employed	4363
if the offender does not reside or have a temporary domicile in	4364
this state and has been employed at any location or locations in	4365
this state more than fourteen days or for an aggregate period of	4366
thirty or more days in that calendar year, and shall register with	4367
the sheriff or other appropriate person of the other state	4368
immediately upon entering into any state other than this state in	4369
which the offender attends a school or institution of higher	4370
education on a full-time or part-time basis or upon being employed	4371
in any state other than this state for more than fourteen days or	4372
for an aggregate period of thirty or more days in that calendar	4373
year regardless of whether the offender resides or has a temporary	4374
domicile in this state, the other state, or a different state:	4375

(a) Regardless of when the sexually oriented offense was	4376
committed, an offender who is sentenced for the sexually oriented	4377
offense to a prison term, a term of imprisonment, or any other	4378
type of confinement and, on or after July 1, 1997, is released in	4379
any manner from the prison term, term of imprisonment, or	4380
confinement;	4381

(b) Regardless of when the sexually oriented offense was	4382
committed, an offender who is sentenced for a sexually oriented	4383
offense on or after July 1, 1997, and to whom division (A)(1)(a)	4384
of this section does not apply;	4385

(c) If the sexually oriented offense was committed prior to	4386
July 1, 1997, and neither division (A)(1)(a) nor division	4387
(A)(1)(b) of this section applies, an offender who, immediately	4388
prior to July 1, 1997, was a habitual sex offender who was	4389
required to register under Chapter 2950. of the Revised Code.	4390

(2) Each child who is adjudicated a delinquent child for	4391
committing a sexually oriented offense that is not a	4392
registration-exempt sexually oriented offense and who is	4393
classified a juvenile sex offender registrant based on that	4394
adjudication shall register personally with the sheriff of the	4395
county within sevenfive days of the delinquent child's coming	4396
into a county in which the delinquent child resides or temporarily	4397
is domiciled for more than sevenfive days. If the delinquent	4398
child is committed for the sexually oriented offense that is not a	4399
registration-exempt sexually oriented offense to the department of	4400
youth services or to a secure facility that is not operated by the	4401
department, this duty begins when the delinquent child is	4402
discharged or released in any manner from custody in a department	4403
of youth services secure facility or from the secure facility that	4404
is not operated by the department, if pursuant to the discharge or	4405
release the delinquent child is not committed to any other secure	4406
facility of the department or any other secure facility. The	4407
delinquent child does not have a duty to register under this	4408
division while the child is in a department of youth services	4409
secure facility or in a secure facility that is not operated by	4410
the department.	4411

(3) If divisions (A)(1) and (2) of this section do not apply,	4412
each following type of offender and each following type of	4413
delinquent child shall register personally with the sheriff of the	4414
county within sevenfive days of the offender's or delinquent	4415
child's coming into a county in which the offender or delinquent	4416
child resides or temporarily is domiciled for more than sevenfive	4417
days, and each following type of offender shall register	4418
personally with the sheriff of the county immediately upon coming	4419
into a county in which the offender attends a school or	4420
institution of higher education on a full-time or part-time basis	4421
regardless of whether the offender resides or has a temporary	4422
domicile in this state or another state, shall register personally	4423
with the sheriff of the county in which the offender is employed	4424
if the offender resides or has a temporary domicile in this state	4425
and has been employed in that county for more than fourteen days	4426
or for an aggregate period of thirty days or more in that calendar	4427
year, and shall register personally with the sheriff of the county	4428
in which the offender then is employed if the offender does not	4429
reside or have a temporary domicile in this state and has been	4430
employed at any location or locations in this state for more than	4431
fourteen days or for an aggregate period of thirty or more days in	4432
that calendar year:	4433

(a) Regardless of when the sexually oriented offense was	4434
committed, a person who is convicted of, pleads guilty to, or is	4435
adjudicated a delinquent child for committing a sexually oriented	4436
offense in a court in another state or, in a federal court,	4437
military court, or an Indian tribal court, or in a court in any	4438
nation other than the United States for committing a sexually	4439
oriented offense that is not a registration-exempt sexually	4440
oriented offense, if, on or after July 1, 1997, for offenders, or	4441
January 1, 2002, for delinquent children, the offender or	4442
delinquent child moves to and resides in this state or temporarily	4443
is domiciled in this state for more than sevenfive days, the	4444
offender enters this state to attend any school or institution of	4445
higher education on a full-time or part-time basis, or the	4446
offender is employed in this state for more than fourteen days or	4447
for an aggregate period of thirty or more days in any calendar	4448
year, and if, at the time the offender or delinquent child moves	4449
to and resides in this state or temporarily is domiciled in this	4450
state for more than sevenfive days, the offender enters this	4451
state to attend the school or institution of higher education, or	4452
the offender is employed in this state for more than the specified	4453
period of time, the offender or delinquent child has a duty to	4454
register as a sex offender or child-victim offender under the law	4455
of that other jurisdiction as a result of the conviction, guilty	4456
plea, or adjudication.	4457

(b) Regardless of when the sexually oriented offense was	4458
committed, a person who is convicted of, pleads guilty to, or is	4459
adjudicated a delinquent child for committing a sexually oriented	4460
offense in a court in another state or, in a federal court,	4461
military court, or an Indian tribal court, or in a court in any	4462
nation other than the United States for committing a sexually	4463
oriented offense that is not a registration-exempt sexually	4464
oriented offense, if, on or after July 1, 1997, for offenders, or	4465
January 1, 2002, for delinquent children, the offender or	4466
delinquent child is released from imprisonment, confinement, or	4467
detention imposed for that offense, and if, on or after July 1,	4468
1997, for offenders, or January 1, 2002, for delinquent children,	4469
the offender or delinquent child moves to and resides in this	4470
state or temporarily is domiciled in this state for more than	4471
sevenfive days, the offender enters this state to attend any	4472
school or institution of higher education on a full-time or	4473
part-time basis, or the offender is employed in this state for	4474
more than fourteen days or for an aggregate period of thirty or	4475
more days in any calendar year. The duty to register as described	4476
in this division applies to an offender regardless of whether the	4477
offender, at the time of moving to and residing in this state or	4478
temporarily being domiciled in this state for more than sevenfive	4479
days, at the time of entering into this state to attend the school	4480
or institution of higher education, or at the time of being	4481
employed in this state for the specified period of time, has a	4482
duty to register as a sex offender or child-victim offender under	4483
the law of the jurisdiction in which the conviction or guilty plea	4484
occurred. The duty to register as described in this division	4485
applies to a delinquent child only if the delinquent child, at the	4486
time of moving to and residing in this state or temporarily being	4487
domiciled in this state for more than sevenfive days, has a duty	4488
to register as a sex offender or child-victim offender under the	4489
law of the jurisdiction in which the delinquent child adjudication	4490
occurred or if, had the delinquent child adjudication occurred in	4491
this state, the adjudicating juvenile court judge would have been	4492
required to issue an order classifying the delinquent child as a	4493
juvenile sex offender registrant pursuant to section 2152.82 or	4494
division (A) of section 2152.83 of the Revised Code.	4495

(4) If division (A)(1)(a) of this section applies and if,	4496
subsequent to the offender's release, the offender is adjudicated	4497
to be a sexual predator under division (C) of section 2950.09 of	4498
the Revised Code, the offender shall register within sevenfive	4499
days of the adjudication with the sheriff of the county in which	4500
the offender resides or temporarily is domiciled for more than	4501
sevenfive days and, shall register with the sheriff of any county	4502
in which the offender subsequently resides or temporarily is	4503
domiciled for more than sevenfive days within sevenfive days of	4504
coming into that county, shall register within five days of the	4505
adjudication with the sheriff of the county in which the offender	4506
attends any school or institution of higher education on a	4507
full-time or part-time basis or in which the offender is employed	4508
if the offender has been employed in that county for more than	4509
fourteen days or for an aggregate period of thirty or more days in	4510
that calendar year regardless of whether the offender resides or	4511
has temporary domicile in this state or another state, and shall	4512
register within five days of the adjudication with the sheriff or	4513
other appropriate person of any state other than this state in	4514
which the offender attends a school or institution of higher	4515
education on a full-time or part-time basis or in which the	4516
offender then is employed if the offender has been employed in	4517
that state for more than fourteen days or for an aggregate period	4518
of thirty or more days in any calendar year regardless of whether	4519
the offender resides or has temporary domicile in this state, the	4520
other state, or a different state.	4521

(5) A person who is adjudicated a delinquent child for	4522
committing a sexually oriented offense that is not a	4523
registration-exempt sexually oriented offense is not required to	4524
register under division (A)(2) of this section unless the	4525
delinquent child committed the offense on or after January 1,	4526
2002, is classified a juvenile sex offender registrant by a	4527
juvenile court judge pursuant to an order issued under section	4528
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code based on	4529
that adjudication, and has a duty to register pursuant to division	4530
(A)(2) of this section.	4531

(6) A person who has been convicted of, is convicted of, has	4532
pleaded guilty to, or pleads guilty to a sexually oriented offense	4533
that is a registration-exempt sexually oriented offense, and a	4534
person who is or has been adjudicated a delinquent child for	4535
committing a sexually oriented offense that is a	4536
registration-exempt sexually oriented offense, does not have any	4537
duty to register under this section based on that conviction,	4538
guilty plea, or adjudication. The exemption of an offender or	4539
delinquent child from registration under this division for a	4540
conviction of, plea of guilty to, or delinquent child adjudication	4541
for a registration-exempt sexually oriented offense does not	4542
limit, affect, or supersede any duties imposed upon the offender	4543
or delinquent child under this chapter or sections 2152.82 to	4544
2152.85 of the Revised Code for a conviction of, plea of guilty	4545
to, or delinquent child adjudication for any other sexually	4546
oriented offense or any child-victim oriented offense.	4547

(B) An offender or delinquent child who is required by	4548
division (A) of this section to register in this state personally	4549
shall obtain from the sheriff or from a designee of the sheriff a	4550
registration form that conforms to division (C) of this section,	4551
shall complete and sign the form, and shall return the completed	4552
form together with the offender's or delinquent child's photograph	4553
to the sheriff or the designee. The sheriff or designee shall sign	4554
the form and indicate on the form the date on which it is so	4555
returned. The registration required under this division is	4556
complete when the offender or delinquent child returns the form,	4557
containing the requisite information, photograph, signatures, and	4558
date, to the sheriff or designee.	4559

(C) The registration form to be used under divisions (A) and	4560
(B) of this section shall contain theinclude the photograph of	4561
the offender or delinquent child who is registering and shall	4562
contain all of the following:	4563

(1) Regarding an offender or delinquent child who is	4564
registering under a duty imposed under division (A)(1), (2), (3),	4565
or (4) of this section as a result of the offender or delinquent	4566
child residing in this state or temporarily being domiciled in	4567
this state for more than five days, the current residence address	4568
of the offender or delinquent child who is registering, the name	4569
and address of the offender's or delinquent child's employer, if	4570
the offender or delinquent child is employed at the time of	4571
registration or if the offender or delinquent child knows at the	4572
time of registration that the offender or delinquent child will be	4573
commencing employment with that employer subsequent to	4574
registration, the name and address of the offender's school or	4575
institution of higher education if the offender attends one at the	4576
time of registration or if the offender knows at the time of	4577
registration that the offender will be commencing attendance at	4578
that school or institution subsequent to registration, and any	4579
other information required by the bureau of criminal	4580
identification and investigation and shall include the offender's	4581
or delinquent child's photograph. Additionally	4582

(2) Regarding an offender who is registering under a duty	4583
imposed under division (A)(1), (3), or (4) of this section as a	4584
result of the offender attending a school or institution of higher	4585
education in this state on a full-time or part-time basis or being	4586
employed in this state or in a particular county in this state,	4587
whichever is applicable, for more than fourteen days or for an	4588
aggregate of thirty or more days in any calendar year, the current	4589
address of the school, institution of higher education, or place	4590
of employment of the offender who is registering and any other	4591
information required by the bureau of criminal identification and	4592
investigation.	4593

(3) Regarding an offender or delinquent child who is	4594
registering under a duty imposed under division (A)(1), (2), (3),	4595
or (4) of this section for any reason, if the offender or	4596
delinquent child has been adjudicated as being a sexual predator	4597
relative to the sexually oriented offense in question, if the	4598
delinquent child has been adjudicated a sexual predator relative	4599
to the sexually oriented offense in question and the court has not	4600
subsequently determined pursuant to division (D) of section	4601
2950.09, section 2152.84, or section 2152.85 of the Revised Code	4602
that the offender or delinquent child no longer is a sexual	4603
predator, or if the judge determined pursuant to division (C) of	4604
section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84,	4605
or 2152.85 of the Revised Code that the offender or delinquent	4606
child is a habitual sex offender and the determination has not	4607
been removed pursuant to section 2152.84 or 2152.85 of the Revised	4608
Code, or if the offender has the duty to register as a result of	4609
the conviction of or plea of guilty to an aggravated sexually	4610
oriented offense, the offender or delinquent child also shall	4611
include on the signed, written registration form all of the	4612
following information:	4613

(1)(a) A specific declaration that the person has been	4614
adjudicated as being a sexual predator or, has been determined to	4615
be a habitual sex offender, or was convicted of or pleaded guilty	4616
to an aggravated sexually oriented offense, whichever is	4617
applicable;	4618

(2)(b) If the offender or delinquent child has been	4619
adjudicated as being a sexual predator, the identification license	4620
plate number of each motor vehicle the offender or delinquent	4621
child owns and of each motor vehicle registered in the offender's	4622
or delinquent child's name.	4623

(D) After an offender or delinquent child registers with a	4624
sheriff pursuant to this section, the sheriff shall forward the	4625
signed, written registration form and photograph to the bureau of	4626
criminal identification and investigation in accordance with the	4627
forwarding procedures adopted pursuant to section 2950.13 of the	4628
Revised Code. If an offender registers a school, institution of	4629
higher education, or place of employment address, or provides a	4630
school or institution of higher education address under division	4631
(C)(1) of this section, the sheriff also shall provide notice to	4632
the law enforcement agency with jurisdiction over the premises of	4633
the school, institution of higher education, or place of	4634
employment of the offender's name and that the offender has	4635
registered that address as a place at which the offender attends	4636
school or an institution of higher education or at which the	4637
offender is employed. The bureau shall include the information and	4638
materials forwarded to it under this division in the state	4639
registry of sex offenders and child victim offenders established	4640
and maintained under section 2950.13 of the Revised Code.	4641

(E) No person who is required to register pursuant to	4642
divisions (A) and (B) of this section, and no person who is	4643
required to send a notice of intent to reside pursuant to division	4644
(G) of this section, shall fail to register or send the notice of	4645
intent as required in accordance with those divisions or that	4646
division.	4647

(F) An offender or delinquent child who is required to	4648
register pursuant to divisions (A) and (B) of this section shall	4649
register pursuant to this section for the period of time specified	4650
in section 2950.07 of the Revised Code.	4651

(G) If an offender or delinquent child who is required by	4652
division (A) of this section to register is adjudicated a sexual	4653
predator or a habitual sexual offender subject to community	4654
notification under division (C)(2) or (E) of section 2950.09 of	4655
the Revised Code, or if an offender who is required by division	4656
(A) of this section to register has that duty as a result of a	4657
conviction of or plea of guilty to an aggravated sexually oriented	4658
offense committed on or after the effective date of this	4659
amendment, the offender or delinquent child also shall send the	4660
sheriff of the county in which the offender or delinquent child	4661
intends to reside written notice of the offender's or delinquent	4662
child's intent to reside in the county. The offender or delinquent	4663
child shall send the notice of intent to reside at least twenty	4664
days prior to the date the offender or delinquent child begins to	4665
reside in the county. The notice of intent to reside shall contain	4666
the following information:	4667

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

4668

(2) The address or addresses at which the offender or	4669
delinquent child intends to reside;	4670

(3) The sexually oriented offense of which the offender was	4671
convicted, to which the offender pleaded guilty, or for which the	4672
child was adjudicated a delinquent child;	4673

(4) A statement that the offender or delinquent child has	4674
been adjudicated as being a sexual predator, a statement that the	4675
delinquent child has been adjudicated a sexual predator and that,	4676
as of the date of the notice, the court has not entered a	4677
determination that the offender or delinquent child no longer is a	4678
sexual predator, a statement that the sentencing or reviewing	4679
judge has determined that the offender or delinquent child is a	4680
habitual sex offender and that, as of the date of the notice, the	4681
determination has not been removed pursuant to section 2152.84 or	4682
2152.85 of the Revised Code, or a statement that the offender was	4683
convicted of or pleaded guilty to an aggravated sexually oriented	4684
offense committed on or after the effective date of this	4685
amendment.	4686

(H) If, immediately prior to the effective date of this	4687
amendment, an offender or delinquent child who was convicted of,	4688
pleaded guilty to, or adjudicated a delinquent child for	4689
committing a sexually oriented offense was required by division	4690
(A) of this section to register and if, on or after the effective	4691
date of this amendment, that offense no longer is a sexually	4692
oriented offense but instead is designated a child-victim oriented	4693
offense, division (A)(1)(c) or (2)(b) of section 2950.041 of the	4694
Revised Code applies regarding the offender or delinquent child	4695
and the duty to register that is imposed pursuant to that division	4696
shall be considered, for purposes of section 2950.07 of the	4697
Revised Code and for all other purposes, to be a continuation of	4698
the duty imposed upon the offender prior to the effective date of	4699
this amendment under this section.	4700

Sec. 2950.041.  (A)(1) Each of the following types of	4701
offender who is convicted of or pleads guilty to, or has been	4702
convicted of or pleaded guilty to, a child-victim oriented offense	4703
shall register personally with the sheriff of the county within	4704
five days of the offender's coming into a county in which the	4705
offender resides or temporarily is domiciled for more than five	4706
days, shall register personally with the sheriff of the county	4707
immediately upon coming into a county in which the offender	4708
attends a school or institution of higher education on a full-time	4709
or part-time basis regardless of whether the offender resides or	4710
has a temporary domicile in this state or another state, shall	4711
register personally with the sheriff of the county in which the	4712
offender is employed if the offender resides or has a temporary	4713
domicile in this state and has been employed in that county for	4714
more than fourteen days or for an aggregate period of thirty or	4715
more days in that calendar year, shall register personally with	4716
the sheriff of the county in which the offender then is employed	4717
if the offender does not reside or have a temporary domicile in	4718
this state and has been employed at any location or locations in	4719
this state for more than fourteen days or for an aggregate period	4720
of thirty or more days in that calendar year, and shall register	4721
personally with the sheriff or other appropriate person of the	4722
other state immediately upon entering into any state other than	4723
this state in which the offender attends a school or institution	4724
of higher education on a full-time or part-time basis or upon	4725
being employed in any state other than this state for more than	4726
fourteen days or for an aggregate period of thirty or more days in	4727
that calendar year regardless of whether the offender resides or	4728
has a temporary domicile in this state, the other state, or a	4729
different state:	4730

(a) Regardless of when the child-victim oriented offense was	4731
committed, an offender who is sentenced for the child-victim	4732
oriented offense to a prison term, a term of imprisonment, or any	4733
other type of confinement and, on or after the effective date of	4734
this section, is released in any manner from the prison term, term	4735
of imprisonment, or confinement;	4736

(b) Regardless of when the child-victim oriented offense was	4737
committed, an offender who is sentenced for a child-victim	4738
oriented offense on or after the effective date of this section,	4739
and to whom division (A)(1)(a) of this section does not apply;	4740

(c) If the child-victim oriented offense was committed prior	4741
to the effective date of this section, if the offense was	4742
considered prior to that date to be a sexually oriented offense,	4743
and if neither division (A)(1)(a) nor division (A)(1)(b) of this	4744
section applies, an offender who, immediately prior to the	4745
effective date of this section, was required to register as a	4746
result of conviction of or plea of guilty to the commission of	4747
that offense under section 2950.04 of the Revised Code. For any	4748
offender who is described in this division, the duty imposed under	4749
this division shall be considered, for purposes of section 2950.07	4750
of the Revised Code and for all other purposes, to be a	4751
continuation of the duty imposed upon the offender prior to the	4752
effective date of this section under section 2950.04 of the	4753
Revised Code.	4754

(2) Each of the following types of delinquent children shall	4755
register personally with the sheriff of the county within five	4756
days of the delinquent child's coming into a county in which the	4757
delinquent child resides or temporarily is domiciled for more than	4758
five days:	4759

(a) Regardless of when the child-victim oriented offense was	4760
committed, a child who on or after the effective date of this	4761
section is adjudicated a delinquent child for committing a	4762
child-victim oriented offense and who is classified a juvenile	4763
offender registrant based on that adjudication. If the delinquent	4764
child is committed for the child-victim oriented offense to the	4765
department of youth services or to a secure facility that is not	4766
operated by the department, this duty begins when the delinquent	4767
child is discharged or released in any manner from custody in a	4768
department of youth services secure facility or from the secure	4769
facility that is not operated by the department, if pursuant to	4770
the discharge or release the delinquent child is not committed to	4771
any other secure facility of the department or any other secure	4772
facility. The delinquent child does not have a duty to register	4773
under this division while the child is in a department of youth	4774
services secure facility or in a secure facility that is not	4775
operated by the department.	4776

(b) If the child-victim oriented offense was committed prior	4777
to the effective date of this section, if the offense was	4778
considered prior to that date to be a sexually oriented offense,	4779
and if division (A)(2)(a) of this section does not apply, a	4780
delinquent child who, immediately prior to the effective date of	4781
this section, was classified a juvenile sex offender registrant	4782
and required to register as a result of a delinquent child	4783
adjudication for the commission of that offense under section	4784
2950.04 of the Revised Code. For any delinquent child who is	4785
described in this division, the duty imposed under this division	4786
shall be considered, for purposes of section 2950.07 of the	4787
Revised Code and for all other purposes, to be a continuation of	4788
the duty imposed upon the delinquent child prior to the effective	4789
date of this section under section 2950.04 of the Revised Code. If	4790
the delinquent child is committed for the child-victim oriented	4791
offense to the department of youth services or to a secure	4792
facility that is not operated by the department, the provisions of	4793
division (A)(2)(a) of this section regarding the beginning, and	4794
tolling, of a duty imposed under that division also apply	4795
regarding the beginning, and tolling, of the duty imposed under	4796
this division.	4797

(3) If divisions (A)(1) and (2) of this section do not apply,	4798
each following type of offender and each following type of	4799
delinquent child shall register personally with the sheriff of the	4800
county within five days of the offender's or delinquent child's	4801
coming into a county in which the offender or delinquent child	4802
resides or temporarily is domiciled for more than five days, and	4803
each following type of offender shall register personally with the	4804
sheriff of the county immediately upon coming into a county in	4805
which the offender attends a school or institution of higher	4806
education on a full-time or part-time basis regardless of whether	4807
the offender resides or has a temporary domicile in this state or	4808
another state, shall register personally with the sheriff of the	4809
county in which the offender is employed if the offender resides	4810
or has a temporary domicile in this state and has been employed in	4811
that county for more than fourteen days or for an aggregate period	4812
of thirty or more days in that calendar year, and shall register	4813
personally with the sheriff of the county in which the offender	4814
then is employed if the offender does not reside or have a	4815
temporary domicile in this state and has been employed at any	4816
location or locations in this state for more than fourteen days or	4817
for an aggregate period of thirty or more days in that calendar	4818
year:	4819

(a) Regardless of when the child-victim oriented offense was	4820
committed, a person who is convicted, pleads guilty, or	4821
adjudicated a delinquent child in a court in another state, in a	4822
federal court, military court, or Indian tribal court, or in a	4823
court in any nation other than the United States for committing a	4824
child-victim oriented offense, if, on or after the effective date	4825
of this section, the offender or delinquent child moves to and	4826
resides in this state or temporarily is domiciled in this state	4827
for more than five days, the offender enters this state to attend	4828
any school or institution of higher education on a full-time or	4829
part-time basis, or the offender is employed in this state for	4830
more than fourteen days or for an aggregate period of thirty or	4831
more days in any calendar year, and if, at the time the offender	4832
or delinquent child moves to and resides in this state or	4833
temporarily is domiciled in this state for more than five days,	4834
the offender enters this state to attend the school or institution	4835
of higher education, or the offender is employed in this state for	4836
more than the specified period of time, the offender or delinquent	4837
child has a duty to register as a child-victim offender or sex	4838
offender under the law of that other jurisdiction as a result of	4839
the conviction, guilty plea, or adjudication.	4840

(b) Regardless of when the child-victim oriented offense was	4841
committed, a person who is convicted, pleads guilty, or	4842
adjudicated a delinquent child in a court in another state, in a	4843
federal court, military court, or Indian tribal court, or in a	4844
court in any nation other than the United States for committing a	4845
child-victim oriented offense, if, on or after the effective date	4846
of this section, the offender or delinquent child is released from	4847
imprisonment, confinement, or detention imposed for that offense,	4848
and if, on or after the effective date of this section, the	4849
offender or delinquent child moves to and resides in this state or	4850
temporarily is domiciled in this state for more than five days,	4851
the offender enters this state to attend any school or institution	4852
of higher education on a full-time or part-time basis, or the	4853
offender is employed in this state for more than fourteen days or	4854
for an aggregate period of thirty or more days in any calendar	4855
year. The duty to register as described in this division applies	4856
to an offender regardless of whether the offender, at the time of	4857
moving to and residing in this state or temporarily being	4858
domiciled in this state for more than five days, at the time of	4859
entering into this state to attend the school or institution of	4860
higher education, or at the time of being employed in this state	4861
for more than the specified period of time, has a duty to register	4862
as a child-victim offender or sex offender under the law of the	4863
jurisdiction in which the conviction or guilty plea occurred. The	4864
duty to register as described in this division applies to a	4865
delinquent child only if the delinquent child, at the time of	4866
moving to and residing in this state or temporarily being	4867
domiciled in this state for more than five days, has a duty to	4868
register as a child-victim offender or sex offender under the law	4869
of the jurisdiction in which the delinquent child adjudication	4870
occurred or if, had the delinquent child adjudication occurred in	4871
this state, the adjudicating juvenile court judge would have been	4872
required to issue an order classifying the delinquent child as a	4873
juvenile offender registrant pursuant to section 2152.82 or	4874
division (A) of section 2152.83 of the Revised Code.	4875

(4) If division (A)(1)(a) of this section applies and if,	4876
subsequent to the offender's release, the offender is adjudicated	4877
a child-victim predator under division (C) of section 2950.09 of	4878
the Revised Code, the offender shall register within five days of	4879
the adjudication with the sheriff of the county in which the	4880
offender resides or temporarily is domiciled for more than five	4881
days, shall register with the sheriff of any county in which the	4882
offender subsequently resides or temporarily is domiciled for more	4883
than five days within five days of coming into that county, shall	4884
register within five days of the adjudication with the sheriff of	4885
the county in which the offender attends any school or institution	4886
of higher education on a full-time or part-time basis or in which	4887
the offender is employed if the offender has been employed in that	4888
county for more than fourteen days or for an aggregate period of	4889
thirty or more days in that calendar year regardless of whether	4890
the offender resides or has temporary domicile in this state or	4891
another state, and shall register within five days of the	4892
adjudication with the sheriff or other appropriate person of any	4893
state other than this state in which the offender attends a school	4894
or institution of higher education on a full-time or part-time	4895
basis or in which the offender then is employed if the offender	4896
has been employed in this state for more than fourteen days or for	4897
an aggregate period of thirty or more days in any calendar year	4898
regardless of whether the offender resides or has temporary	4899
domicile in this state, the other state, or a different state.	4900

(5) A person who is adjudicated a delinquent child for	4901
committing a child-victim oriented offense is not required to	4902
register under division (A)(2) of this section unless the	4903
delinquent child committed the offense on or after the effective	4904
date of this section, is classified a juvenile offender registrant	4905
by a juvenile court judge pursuant to an order issued under	4906
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	4907
based on that adjudication, and has a duty to register pursuant to	4908
division (A)(2) of this section.	4909

(B) An offender or delinquent child who is required by	4910
division (A) of this section to register in this state personally	4911
shall do so in the manner described in division (B) of section	4912
2950.04 of the Revised Code, and the registration is complete as	4913
described in that division.	4914

(C) The registration form to be used under divisions (A) and	4915
(B) of this section shall include the photograph of the offender	4916
or delinquent child who is registering and shall contain all of	4917
the following:	4918

(1) Regarding an offender or delinquent child who is	4919
registering under a duty imposed under division (A)(1), (2), (3),	4920
or (4) of this section as a result of the offender or delinquent	4921
child residing in this state or temporarily being domiciled in	4922
this state for more than five days, all of the information	4923
described in division (C)(1) of section 2950.04 of the Revised	4924
Code;	4925

(2) Regarding an offender who is registering under a duty	4926
imposed under division (A)(1), (3), or (4) of this section as a	4927
result of the offender attending a school or institution of higher	4928
education on a full-time or part-time basis or being employed in	4929
this state or in a particular county in this state, whichever is	4930
applicable, for more than fourteen days or for an aggregate of	4931
thirty or more days in any calendar year, all of the information	4932
described in division (C)(2) of section 2950.04 of the Revised	4933
Code;	4934

(3) Regarding an offender or delinquent child who is	4935
registering under a duty imposed under division (A)(1), (2), (3),	4936
or (4) of this section, if the offender has been adjudicated a	4937
child-victim predator relative to the child-victim oriented	4938
offense in question, if the delinquent child has been adjudicated	4939
a child-victim predator relative to the child-victim oriented	4940
offense in question and the court has not subsequently determined	4941
pursuant to section 2152.84 or 2152.85 of the Revised Code that	4942
the delinquent child no longer is a child-victim predator, if the	4943
offender or delinquent child is automatically classified a	4944
habitual child-victim offender under division (E) of section	4945
2950.091 of the Revised Code, or if the judge determined pursuant	4946
to division (C) or (E) of section 2950.091 or pursuant to section	4947
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the	4948
offender or delinquent child is a habitual child-victim offender	4949
and the determination has not been removed pursuant to section	4950
2152.84 or 2152.85 of the Revised Code, the offender or delinquent	4951
child shall include on the signed, written registration form all	4952
of the information described in division (C)(3) of section 2950.04	4953
of the Revised Code.	4954

(D) Division (D) of section 2950.04 of the Revised Code	4955
applies when an offender or delinquent child registers with a	4956
sheriff pursuant to this section.	4957

(E) No person who is required to register pursuant to	4958
divisions (A) and (B) of this section, and no person who is	4959
required to send a notice of intent to reside pursuant to division	4960
(G) of this section, shall fail to register or send the notice as	4961
required in accordance with those divisions or that division.	4962

(F) An offender or delinquent child who is required to	4963
register pursuant to divisions (A) and (B) of this section shall	4964
register pursuant to this section for the period of time specified	4965
in section 2950.07 of the Revised Code.	4966

(G) If an offender or delinquent child who is required by	4967
division (A) of this section to register is adjudicated a	4968
child-victim predator or a habitual child-victim offender subject	4969
to community notification under division (C)(2) or (E) of section	4970
2950.09 of the Revised Code, the offender or delinquent child also	4971
shall send the sheriff of the county in which the offender or	4972
delinquent child intends to reside written notice of the	4973
offender's or delinquent child's intent to reside in the county.	4974
The offender or delinquent child shall send the notice of intent	4975
to reside at least twenty days prior to the date the offender or	4976
delinquent child begins to reside in the county. The notice of	4977
intent to reside shall contain all of the following information:	4978

(1) The information specified in divisions (G)(1) and (2) of	4979
section 2950.04 of the Revised Code;	4980

(2) The child-victim oriented offense of which the offender	4981
was convicted, to which the offender pleaded guilty, or for which	4982
the child was adjudicated a delinquent child;	4983

(3) A statement that the offender has been adjudicated a	4984
child-victim predator, a statement that the delinquent child has	4985
been adjudicated a child-victim predator and that, as of the date	4986
of the notice, the court has not entered a determination that the	4987
delinquent child no longer is a child-victim predator, or a	4988
statement that the sentencing or reviewing judge has determined	4989
that the offender or delinquent child is a habitual child-victim	4990
offender and that, as of the date of the notice, the determination	4991
has not been removed pursuant to section 2152.84 or 2152.85 of the	4992
Revised Code.	4993

Sec. 2950.05.  (A) If an offender or delinquent child is	4994
required to register pursuant to section 2950.04 or 2950.041 of	4995
the Revised Code, the offender or delinquent child, at least	4996
twenty days prior to changing the offender's or delinquent child's	4997
residence address, or the offender, at least twenty days prior to	4998
changing the address of the offender's school or institution of	4999
higher education and not later than five days after changing the	5000
address of the offender's place of employment, during the period	5001
during which the offender or delinquent child is required to	5002
register, shall provide written notice of the residence, school,	5003
institution of higher education, or place of employment address	5004
change, as applicable, to the sheriff with whom the offender or	5005
delinquent child most recently registered the address under	5006
section 2950.04 or 2950.041 of the Revised Code or under division	5007
(B) of this section.	5008

(B) If an offender or delinquent child is required to provide	5009
notice of a residence, school, institution of higher education, or	5010
place of employment address change under division (A) of this	5011
section, or a delinquent child is required to provide notice of a	5012
residence address change under that division, the offender or	5013
delinquent child, at least twenty days prior to changing the	5014
residence, school, or institution of higher education address and	5015
not later than five days after changing the place of employment	5016
address, as applicable, also shall register the new residence	5017
address in the manner described in divisions (B) and (C) of	5018
section 2950.04 or 2950.041 of the Revised Code, whichever is	5019
applicable, with the sheriff of the county in which the offender's	5020
or delinquent child's new residence address is located, subject to	5021
division (C) of this section.	5022

(C) Divisions (A) and (B) of this section apply to a person	5023
who is required to register pursuant to section 2950.04 or	5024
2950.041 of the Revised Code regardless of whether the new	5025
residence, school, institution of higher education, or place of	5026
employment address is in this state or in another state. If the	5027
new residence address is in another state, the person shall	5028
register with the appropriate law enforcement officials in that	5029
state in the manner required under the law of that state and	5030
within the earlier of the period of time required under the law of	5031
that state or at least seven days prior to changing the residence	5032
address.	5033

(D)(1) Upon receiving from an offender or delinquent child	5034
pursuant to division (A) of this section notice of a change of the	5035
offender's or delinquent child's residence, school, institution of	5036
higher education, or place of employment address or the delinquent	5037
child's residence address, a sheriff promptly shall forward the	5038
new residence address to the bureau of criminal identification and	5039
investigation in accordance with the forwarding procedures adopted	5040
pursuant to section 2950.13 of the Revised Code if the new	5041
residence address is in another state or, if the offender's or	5042
delinquent child's new residence address is located in another	5043
county in this state, to the sheriff of that county. The bureau	5044
shall include all information forwarded to it under this division	5045
in the state registry of sex offenders and child-victim offenders	5046
established and maintained under section 2950.13 of the Revised	5047
Code and shall forward notice of the offender's or delinquent	5048
child's new residence, school, institution of higher education, or	5049
place of employment address, as applicable, to the appropriate	5050
officials in the other state.	5051

(2) When an offender or delinquent child registers a new	5052
residence, school, institution of higher education, or place of	5053
employment address or a delinquent child registers a new residence	5054
address pursuant to division (B) of this section, the sheriff with	5055
whom the offender or delinquent child registers and the bureau of	5056
criminal identification and investigation shall comply with	5057
division (D) of section 2950.04 or 2950.041 of the Revised Code,	5058
whichever is applicable.	5059

(E)(1) No person who is required to notify a sheriff of a	5060
change of address pursuant to division (A) of this section shall	5061
fail to notify the appropriate sheriff in accordance with that	5062
division.	5063

(2) No person who is required to register a new residence,	5064
school, institution of higher education, or place of employment	5065
address with a sheriff or with an official of another state	5066
pursuant to divisions (B) and (C) of this section shall fail to	5067
register with the appropriate sheriff or official of the other	5068
state in accordance with those divisions.	5069

(F) An offender or delinquent child who is required to comply	5070
with divisions (A), (B), and (C) of this section shall do so for	5071
the period of time specified in section 2950.07 of the Revised	5072
Code.	5073

Sec. 2950.06.  (A) An offender or delinquent child who is	5074
required to register a residence address pursuant to section	5075
2950.04 or 2950.041 of the Revised Code shall periodically verify	5076
the offender's or delinquent child's current residence address,	5077
and an offender who is required to register a school, institution	5078
of higher education, or place of employment address pursuant to	5079
either of those sections shall periodically verify the address of	5080
the offender's current school, institution of higher education, or	5081
place of employment, in accordance with this section. The	5082
frequency of verification shall be determined in accordance with	5083
division (B) of this section, and the manner of verification shall	5084
be determined in accordance with division (C) of this section.	5085

(B) The frequency with which an offender or delinquent child	5086
must verify the offender's or delinquent child's current	5087
residence, school, institution of higher education, or place of	5088
employment address pursuant to division (A) of this section shall	5089
be determined as follows:	5090

(1) Regardless of when the sexually oriented offense or	5091
child-victim oriented offense for which the offender or delinquent	5092
child is required to register was committed, if the offender or	5093
delinquent child has been adjudicated as being a sexual predator	5094
relative to the sexually oriented offense and the court has not	5095
subsequently entered a determination pursuant to division (D) of	5096
section 2950.09, section 2152.84, or section 2152.85 of the	5097
Revised Code that the offender or delinquent child no longer is a	5098
sexual predator, or if the offender is required to register as a	5099
result of an aggravated sexually oriented offense committed on or	5100
after the effective date of this amendment, the offender or	5101
delinquent child shall verify the offender's or delinquent child's	5102
current residence address or current school, institution of higher	5103
education, or place of employment address, and the delinquent	5104
child shall verify the delinquent child's current residence	5105
address, in accordance with division (C) of this section every	5106
ninety days after the offender's or delinquent child's initial	5107
registration date during the period the offender or delinquent	5108
child is required to register if any of the following applies:	5109

(a) The offender or delinquent child is required to register	5110
based on a sexually oriented offense, and either the offender has	5111
been adjudicated a sexual predator relative to the sexually	5112
oriented offense, the delinquent child has been adjudicated a	5113
sexual predator relative to the sexually oriented offense and the	5114
court has not subsequently entered a determination pursuant to	5115
section 2152.84 or 2152.85 of the Revised Code that the delinquent	5116
child no longer is a sexual predator, or the offender is required	5117
to register as a result of an aggravated sexually oriented	5118
offense.	5119

(b) The offender or delinquent child is required to register	5120
based on a child-victim oriented offense, and either the offender	5121
has been adjudicated a child-victim predator relative to the	5122
child-victim oriented offense or the delinquent child has been	5123
adjudicated a child-victim predator relative to the child-victim	5124
oriented offense and the court has not subsequently entered a	5125
determination pursuant to section 2152.84 or 2152.85 of the	5126
Revised Code that the delinquent child no longer is a child-victim	5127
predator.	5128

(2) In all circumstances not described in division (B)(1) of	5129
this section, the offender or delinquent child shall verify the	5130
offender's or delinquent child's current residence address or	5131
current school, institution of higher education, or place of	5132
employment address, and the delinquent child shall verify the	5133
delinquent child's current residence address, in accordance with	5134
division (C) of this section on each anniversary of the offender's	5135
or delinquent child's initial registration date during the period	5136
the offender or delinquent child is required to register.	5137

If, prior to the effective date of this amendment, an	5138
offender or delinquent child registered with a sheriff under a	5139
duty imposed under section 2950.04 of the Revised Code as a result	5140
of a conviction of, plea of guilty to, or adjudication as a	5141
delinquent child for committing a sexually oriented offense and	5142
if, on or after the effective date of this amendment, that offense	5143
no longer is a sexually oriented offense but instead is a	5144
child-victim oriented offense, the duty to register that is	5145
imposed on the offender or delinquent child pursuant to section	5146
2950.041 of the Revised Code is a continuation of the duty imposed	5147
upon the offender prior to the effective date of this amendment	5148
under section 2950.04 of the Revised Code and, for purposes of	5149
divisions (B)(1) and (2) of this section, the offender's initial	5150
registration date related to that offense is the date on which the	5151
offender initially registered under section 2950.04 of the Revised	5152
Code.	5153

(C)(1) An offender or delinquent child who is required to	5154
verify the offender's or delinquent child's current residence,	5155
school, institution of higher education, or place of employment	5156
address pursuant to division (A) of this section shall verify the	5157
address with the sheriff with whom the offender or delinquent	5158
child most recently registered the address by personally appearing	5159
before the sheriff or a designee of the sheriff, no earlier than	5160
ten days before the date on which the verification is required	5161
pursuant to division (B) of this section and no later than the	5162
date so required for verification, and completing and signing a	5163
copy of the verification form prescribed by the bureau of criminal	5164
identification and investigation. The sheriff or designee shall	5165
sign the completed form and indicate on the form the date on which	5166
it is so completed. The verification required under this division	5167
is complete when the offender or delinquent child personally	5168
appears before the sheriff or designee and completes and signs the	5169
form as described in this division.	5170

(2) To facilitate the verification of an offender's or	5171
delinquent child's current residence, school, institution of	5172
higher education, or place of employment address, as applicable,	5173
under division (C)(1) of this section, the sheriff with whom the	5174
offender or delinquent child most recently registered the address	5175
may mail a nonforwardable verification form prescribed by the	5176
bureau of criminal identification and investigation to the	5177
offender's or delinquent child's last reported address and to the	5178
last reported address of the parents of the delinquent child, with	5179
a notice that conspicuously states that the offender or delinquent	5180
child must personally appear before the sheriff or a designee of	5181
the sheriff to complete the form and the date by which the form	5182
must be so completed. Regardless of whether a sheriff mails a form	5183
to an offender or delinquent child and that child's parents, each	5184
offender or delinquent child who is required to verify the	5185
offender's or delinquent child's current residence, school,	5186
institution of higher education, or place of employment address,	5187
as applicable, pursuant to division (A) of this section shall	5188
personally appear before the sheriff or a designee of the sheriff	5189
to verify the address in accordance with division (C)(1) of this	5190
section.	5191

(D) The verification form to be used under division (C) of	5192
this section shall contain all of the following:	5193

(1) Except as provided in division (D)(2) of this section,	5194
the current residence address of the offender or delinquent child,	5195
the name and address of the offender's or delinquent child's	5196
employer if the offender or delinquent child is employed at the	5197
time of verification or if the offender or delinquent child knows	5198
at the time of verification that the offender or delinquent child	5199
will be commencing employment with that employer subsequent to	5200
verification, the name and address of the offender's school or	5201
institution of higher education if the offender attends one at the	5202
time of verification or if the offender knows at the time of	5203
verification that the offender will be commencing attendance at	5204
that school or institution subsequent to verification, and any	5205
other information required by the bureau of criminal	5206
identification and investigation.	5207

(2) Regarding an offender who is verifying a current school,	5208
institution of higher education, or place of employment address,	5209
the current address of the school, institution of higher	5210
education, or place of employment of the offender and any other	5211
information required by the bureau of criminal identification and	5212
investigation.	5213

(E) Upon an offender's or delinquent child's personal	5214
appearance and completion of a verification form under division	5215
(C) of this section, a sheriff promptly shall forward a copy of	5216
the verification form to the bureau of criminal identification and	5217
investigation in accordance with the forwarding procedures adopted	5218
by the attorney general pursuant to section 2950.13 of the Revised	5219
Code. If an offender verifies a school, institution of higher	5220
education, or place of employment address, or provides a school or	5221
institution of higher education address under division (D)(1) of	5222
this section, the sheriff also shall provide notice to the law	5223
enforcement agency with jurisdiction over the premises of the	5224
school, institution of higher education, or place of employment of	5225
the offender's name and that the offender has verified or provided	5226
that address as a place at which the offender attends school or an	5227
institution of higher education or at which the offender is	5228
employed. The bureau shall include all information forwarded to it	5229
under this division in the state registry of sex offenders and	5230
child-victim offenders established and maintained under section	5231
2950.13 of the Revised Code.	5232

(F) No person who is required to verify a current residence,	5233
school, institution of higher education, or place of employment	5234
address, as applicable, pursuant to divisions (A) to (C) of this	5235
section shall fail to verify a current residence, school,	5236
institution of higher education, or place of employment address,	5237
as applicable, in accordance with those divisions by the date	5238
required for the verification as set forth in division (B) of this	5239
section, provided that no person shall be prosecuted or subjected	5240
to a delinquent child proceeding for a violation of this division,	5241
and that no parent, guardian, or custodian of a delinquent child	5242
shall be prosecuted for a violation of section 2919.24 of the	5243
Revised Code based on the delinquent child's violation of this	5244
division, prior to the expiration of the period of time specified	5245
in division (G) of this section.	5246

(G)(1) If an offender or delinquent child fails to verify a	5247
current residence, school, institution of higher education, or	5248
place of employment address, as applicable, as required by	5249
divisions (A) to (C) of this section by the date required for the	5250
verification as set forth in division (B) of this section, the	5251
sheriff with whom the offender or delinquent child is required to	5252
verify the current residence address, on the day following that	5253
date required for the verification, shall send a written warning	5254
to the offender or to the delinquent child and that child's	5255
parents, at the offender's or delinquent child's and that child's	5256
parents' last known residence, school, institution of higher	5257
education, or place of employment address, as applicable,	5258
regarding the offender's or delinquent child's duty to verify the	5259
offender's or delinquent child's current residence, school,	5260
institution of higher education, or place of employment address,	5261
as applicable.	5262

The written warning shall do all of the following:

5263

(a) Identify the sheriff who sends it and the date on which	5264
it is sent;	5265

(b) State conspicuously that the offender or delinquent child	5266
has failed to verify the offender's or delinquent child's current	5267
residence, school, institution of higher education, or place of	5268
employment address or the delinquent child's current residence	5269
address by the date required for the verification;	5270

(c) Conspicuously state that the offender or delinquent child	5271
has seven days from the date on which the warning is sent to	5272
verify the current residence, school, institution of higher	5273
education, or place of employment address, as applicable, with the	5274
sheriff who sent the warning;	5275

(d) Conspicuously state that a failure to timely verify the	5276
specified current residence address or addresses is a felony	5277
offense;	5278

(e) Conspicuously state that, if the offender or delinquent	5279
child verifies the current residence, school, institution of	5280
higher education, or place of employment address or the delinquent	5281
child verifies the current residence address with that sheriff	5282
within that seven-day-periodseven-day period, the offender or	5283
delinquent child will not be prosecuted or subjected to a	5284
delinquent child proceeding for a failure to timely verify a	5285
current residence address and the delinquent child's parent,	5286
guardian, or custodian will not be prosecuted based on a failure	5287
of the delinquent child to timely verify an address;	5288

(f) Conspicuously state that, if the offender or delinquent	5289
child does not verify the current residence, school, institution	5290
of higher education, or place of employment address or the	5291
delinquent child verifies the current residence address with that	5292
sheriff within that seven-day-periodseven-day period, the	5293
offender or delinquent child will be arrested or taken into	5294
custody, as appropriate, and prosecuted or subjected to a	5295
delinquent child proceeding for a failure to timely verify a	5296
current residence address and the delinquent child's parent,	5297
guardian, or custodian may be prosecuted for a violation of	5298
section 2919.24 of the Revised Code based on the delinquent	5299
child's failure to timely verify a current residence address.	5300

(2) If an offender or delinquent child fails to verify a	5301
current residence, school, institution of higher education, or	5302
place of employment address, as applicable, as required by	5303
divisions (A) to (C) of this section by the date required for the	5304
verification as set forth in division (B) of this section, the	5305
offender or delinquent child shall not be prosecuted or subjected	5306
to a delinquent child proceeding for a violation of division (F)	5307
of this section, and the delinquent child's parent, guardian, or	5308
custodian shall not be prosecuted for a violation of section	5309
2919.24 of the Revised Code based on the delinquent child's	5310
failure to timely verify a current residence address, as	5311
applicable, unless the seven-day-periodseven-day period	5312
subsequent to that date that the offender or delinquent child is	5313
provided under division (G)(1) of this section to verify the	5314
current residence address has expired and the offender or	5315
delinquent child, prior to the expiration of that seven-day-period	5316
seven-day period, has not verified the current residence address.	5317
Upon the expiration of the seven-day-periodseven-day period that	5318
the offender or delinquent child is provided under division (G)(1)	5319
of this section to verify the current residence address has	5320
expired, if the offender or delinquent child has not verified the	5321
current residence address, all of the following apply:	5322

(a) The sheriff with whom the offender or delinquent child is	5323
required to verify the current residence, school, institution of	5324
higher education, or place of employment address, as applicable,	5325
promptly shall notify the bureau of criminal identification and	5326
investigation of the failure.	5327

(b) The sheriff with whom the offender or delinquent child is	5328
required to verify the current residence, school, institution of	5329
higher education, or place of employment address, as applicable,	5330
the sheriff of the county in which the offender or delinquent	5331
child resides, the sheriff of the county in which is located the	5332
offender's school, institution of higher education, or place of	5333
employment address that was to be verified, or a deputy of the	5334
appropriate sheriff, shall locate the offender or delinquent	5335
child, promptly shall seek a warrant for the arrest or taking into	5336
custody, as appropriate, of the offender or delinquent child for	5337
the violation of division (F) of this section and shall arrest the	5338
offender or take the child into custody, as appropriate.	5339

(c) The offender or delinquent child is subject to	5340
prosecution or a delinquent child proceeding for the violation of	5341
division (F) of this section, and the delinquent child's parent,	5342
guardian, or custodian may be subject to prosecution for a	5343
violation of section 2919.24 of the Revised Code based on the	5344
delinquent child's violation of that division.	5345

(H) A personAn offender who is required to verify the	5346
person'soffender's current residence, school, institution of	5347
higher education, or place of employment address pursuant to	5348
divisions (A) to (C) of this section and a delinquent child who is	5349
required to verify the delinquent child's current residence	5350
address pursuant to those divisions shall do so for the period of	5351
time specified in section 2950.07 of the Revised Code.	5352

Sec. 2950.07.  (A) The duty of an offender who is convicted	5353
of or pleads guilty to, or has been convicted of or pleaded guilty	5354
to, either a sexually oriented offense that is not a	5355
registration-exempt sexually oriented offense or a child-victim	5356
oriented offense and the duty of a delinquent child who is	5357
adjudicated a delinquent child for committing either a sexually	5358
oriented offense that is not a registration-exempt sexually	5359
oriented offense or a child-victim oriented offense and is	5360
classified a juvenile sex offender registrant or who is an	5361
out-of-state juvenile sex offender registrant to comply with	5362
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5363
Code commences on whichever of the following dates is applicable:	5364

(1) If the offender's duty to register is imposed pursuant to	5365
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of	5366
section 2950.041 of the Revised Code, the offender's duty to	5367
comply with those sections commences regarding residence addresses	5368
on the date of the offender's release from a prison term, a term	5369
of imprisonment, or any other type of confinement or on July 1,	5370
1997, for a duty under section 2950.04 or the effective date of	5371
this amendment for a duty under section 2950.041 of the Revised	5372
Code, whichever is later, and commences regarding addresses of	5373
schools, institutions of higher education, and places of	5374
employment on the date of the offender's release from a prison	5375
term, term of imprisonment, or any other type of confinement or on	5376
the effective date of this amendment, whichever is later.	5377

(2) If the offender's duty to register is imposed pursuant to	5378
division (A)(1)(b) of section 2950.04 or division (A)(1)(b) of	5379
section 2950.041 of the Revised Code, the offender's duty to	5380
comply with those sections commences regarding residence addresses	5381
on the date of entry of the judgment of conviction of the sexually	5382
oriented offense or child-victim oriented offense or on July 1,	5383
1997, for a duty under section 2950.04 or the effective date of	5384
this amendment for a duty under section 2950.041 of the Revised	5385
Code, whichever is later, and commences regarding addresses of	5386
schools, institutions of higher education, and places of	5387
employment on the date of entry of the judgment of conviction of	5388
the sexually oriented offense or child-victim oriented offense or	5389
on the effective date of this amendment, whichever is later.	5390

(3) If the offender's duty to register is imposed pursuant to	5391
division (A)(1)(c) of section 2950.04 of the Revised Code, the	5392
offender's duty to comply with those sections commences regarding	5393
residence addresses fourteen days after July 1, 1997, and	5394
commences regarding addresses of schools, institutions of higher	5395
education, and places of employment fourteen days after the	5396
effective date of this amendment.	5397

(4) If the offender's or delinquent child's duty to register	5398
is imposed pursuant to division (A)(3)(a) or (b) of section	5399
2950.04 or division (A)(3)(a) or (b) of section 2950.041 of the	5400
Revised Code, the offender's duty to comply with those sections	5401
commences regarding residence addresses on March 30, 1999, or on	5402
the date that the offender begins to reside or becomes temporarily	5403
domiciled in this state or on March 30, 1999, for a duty under	5404
section 2950.04 of the Revised Code or the effective date of this	5405
amendment for a duty under section 2950.041 of the Revised Code,	5406
whichever is later, the offender's duty regarding addresses of	5407
schools, institutions of higher education, and places of	5408
employment commences on the effective date of this amendment or on	5409
the date the offender begins attending any school or institution	5410
of higher education in this state on a full-time or part-time	5411
basis or becomes employed in this state, whichever is later, and	5412
the delinquent child's duty commences on January 1, 2002, or on	5413
the date the delinquent child begins to reside or becomes	5414
temporarily domiciled in this state or on January 1, 2002, for a	5415
duty under section 2950.04 of the Revised Code or the effective	5416
date of this amendment for a duty under section 2950.041 of the	5417
Revised Code, whichever is later.	5418

(5) If the delinquent child's duty to register is imposed	5419
pursuant to division (A)(2) of section 2950.04 or division	5420
(A)(2)(a) of section 2950.041 of the Revised Code, if the	5421
delinquent child's classification as a juvenile sex offender	5422
registrant is made at the time of the child's disposition for that	5423
sexually oriented offense or child-victim oriented offense,	5424
whichever is applicable, and if the delinquent child is committed	5425
for the sexually oriented offense or child-victim oriented offense	5426
to the department of youth services or to a secure facility that	5427
is not operated by the department, the delinquent child's duty to	5428
comply with those sections commences on the date of the delinquent	5429
child's discharge or release from custody in the department of	5430
youth services secure facility or from the secure facility not	5431
operated by the department as described in that division.	5432

(6) If the delinquent child's duty to register is imposed	5433
pursuant to division (A)(2) of section 2950.04 or division	5434
(A)(2)(a) of section 2950.041 of the Revised Code and if either	5435
the delinquent child's classification as a juvenile sex offender	5436
registrant is made at the time of the child's disposition for that	5437
sexually oriented offense or child-victim oriented offense,	5438
whichever is applicable, and the delinquent child is not committed	5439
for the sexually oriented offense or child-victim oriented offense	5440
to the department of youth services or to a secure facility that	5441
is not operated by the department or the child's classification as	5442
a juvenile sex offender registrant is made pursuant to sections	5443
2152.83 of the Revised Code, the delinquent child's duty to comply	5444
with those sections commences on the date of entry of the court's	5445
order that classifies the delinquent child a juvenile sex offender	5446
registrant.	5447

(7) If the offender's duty to register is imposed pursuant to	5448
division (A)(1)(c) of section 2950.041 of the Revised Code, the	5449
offender's duty to comply with those sections regarding residence	5450
addresses is a continuation of the offender's former duty to	5451
register regarding residence addresses imposed prior to the	5452
effective date of this amendment under section 2950.04 of the	5453
Revised Code and shall be considered for all purposes as having	5454
commenced on the date that the offender's former duty under that	5455
section commenced. The offender's duty to comply with those	5456
sections commences regarding addresses of schools, institutions of	5457
higher education, and places of employment on the effective date	5458
of this amendment.	5459

(8) If the delinquent child's duty to register is imposed	5460
pursuant to division (A)(2)(b) of section 2950.041 of the Revised	5461
Code, the delinquent child's duty to comply with those sections is	5462
a continuation of the delinquent child's former duty to register	5463
imposed prior to the effective date of this amendment under	5464
section 2950.04 of the Revised Code and shall be considered for	5465
all purposes as having commenced on the date that the delinquent	5466
child's former duty under that section commenced or commences.	5467

(B) The duty of an offender who is convicted of or pleads	5468
guilty to, or has been convicted of or pleaded guilty to, either a	5469
sexually oriented offense that is not a registration-exempt	5470
sexually oriented offense or a child-victim oriented offense and	5471
the duty of a delinquent child who is adjudicated a delinquent	5472
child for committing either a sexually oriented offense that is	5473
not a registration-exempt sexually oriented offense or a	5474
child-victim oriented offense and is classified a juvenile sex	5475
offender registrant or who is an out-of-state juvenile sex	5476
offender registrant to comply with sections 2950.04, 2950.041,	5477
2950.05, and 2950.06 of the Revised Code continues, after the date	5478
of commencement, for whichever of the following periods is	5479
applicable:	5480

(1) Except as otherwise provided in this division, if the	5481
offense is a sexually oriented offense that is not a	5482
registration-exempt sexually oriented offense and the offender or	5483
delinquent child has been adjudicated a sexual predator relative	5484
to the sexually oriented offense or, if the offense is a sexually	5485
oriented offense and the offender has the duty to register as a	5486
result of an aggravated sexually oriented offense committed on or	5487
after the effective date of this amendment, or if the offense is a	5488
child-victim oriented offense and the offender or delinquent child	5489
has been adjudicated a child-victim predator relative to the	5490
child-victim oriented offense, the offender's or delinquent	5491
child's duty to comply with those sections continues until the	5492
offender's or delinquent child's death. Regarding an offender ora	5493
delinquent child who has been adjudicated a sexual predator	5494
relative to the sexually oriented offense or who has been	5495
adjudicated a child-victim predator relative to the child-victim	5496
oriented offense, if the judge who sentenced the offender or made	5497
the disposition for the delinquent child or that judge's successor	5498
in office subsequently enters a determination pursuant to division	5499
(D) of section 2950.09 or pursuant to section 2152.84 or 2152.85	5500
of the Revised Code that the offender or delinquent child no	5501
longer is a sexual predator or child-victim predator, the	5502
offender's or delinquent child's duty to comply with those	5503
sections continues for the period of time that otherwise would	5504
have been applicable to the offender or delinquent child under	5505
division (B)(2) or (3) of this section or, if the offender's duty	5506
to register results from a conviction of or plea of guilty to an	5507
aggravated sexually oriented offense, until the offender's death	5508
as specified under this division. In no case shall the lifetime	5509
duty to registercomply that is imposed under this division on an	5510
offender who is adjudicated a sexual predator or is adjudicated a	5511
child-victim predator or is imposed under this division for an	5512
aggravated sexually oriented offense committed on or after the	5513
effective date of this amendment, or the adjudication,	5514
classification, or conviction that subjects the offender to this	5515
division, be removed or terminated.	5516

(2) If the judge who sentenced the offender or made the	5517
disposition for the delinquent child for committing the sexually	5518
oriented offense that is not a registration-exempt sexually	5519
oriented offense or the child-victim oriented offense, or the	5520
successor in office of the juvenile court judge who made the	5521
delinquent child disposition, determined pursuant to division (E)	5522
of section 2950.09 or 2950.091 or pursuant to division (B) of	5523
section 2152.83, section 2152.84, or section 2152.85 of the	5524
Revised Code that the offender or delinquent child is a habitual	5525
sex offender or a habitual child-victim offender, or if the	5526
offender or delinquent child is automatically classified a	5527
habitual child-victim offender pursuant to division (E) of section	5528
2950.091 of the Revised Code, the offender's or delinquent child's	5529
duty to comply with those sections continues either until the	5530
offender's death or for twenty years, determined as provided in	5531
this division, and the delinquent child's duty to comply with	5532
those sections continues for twenty years. If a delinquent child	5533
is so determined pursuant to division (E) of section 2950.09 or	5534
pursuant to division (B) of section 2152.83, section 2152.84, or	5535
section 2152.85 of the Revised Codeor classified to be a habitual	5536
sex offender or a habitual child-victim offender and if the judge	5537
who made the disposition for the delinquent child or that judge's	5538
successor in office subsequently enters a determination pursuant	5539
to section 2152.84 or 2152.85 of the Revised Code that the	5540
delinquent child no longer is a habitual sex offender or habitual	5541
child-victim offender but remains a juvenile sex offender	5542
registrant, the delinquent child's duty to comply with those	5543
sections continues for the period of time that otherwise would	5544
have been applicable to the delinquent child under division (B)(3)	5545
of this section. Except as otherwise provided in this division,	5546
the offender's duty to comply with those sections continues until	5547
the offender's death. If a lifetime duty to comply is imposed	5548
under this division on an offender, in no case shall that lifetime	5549
duty, or the determination that subjects the offender to this	5550
division, be removed or terminated. The offender's duty to comply	5551
with those sections continues for twenty years if the offender is	5552
a habitual sex offender and both of the following apply:	5553

(a) At least one of the sexually oriented offenses of which	5554
the offender has been convicted or to which the offender has	5555
pleaded guilty and that are included in the habitual sex offender	5556
determination is a violation of division (A)(1) or (5) of section	5557
2907.06 of the Revised Code involving a victim who is eighteen	5558
years of age or older, a violation of division (A), (B), or (E) of	5559
section 2907.08 of the Revised Code involving a victim who is	5560
eighteen years of age or older, or a violation of section 2903.211	5561
of the Revised Code that is a misdemeanor;	5562

(b) The total of all the sexually oriented offenses of which	5563
the offender has been convicted or to which the offender has	5564
pleaded guilty and that are included in the habitual sex offender	5565
determination does not include at least two sexually oriented	5566
offenses that are not described in division (B)(2)(a) of this	5567
section.	5568

(3) If neither division (B)(1) nor (B)(2) of this section	5569
applies, the offender's or delinquent child's duty to comply with	5570
those sections continues for ten years. If a delinquent child is	5571
classified pursuant to section 2152.82 or 2152.83 of the Revised	5572
Code a juvenile sex offender registrant and if the judge who made	5573
the disposition for the delinquent child or that judge's successor	5574
in office subsequently enters a determination pursuant to section	5575
2152.84 or 2152.85 of the Revised Code that the delinquent child	5576
no longer is to be classified a juvenile sex offender registrant,	5577
the delinquent child's duty to comply with those sections	5578
terminates upon the court's entry of the determination.	5579

(C)(1) If an offender has been convicted of or pleaded guilty	5580
to a sexually oriented offense or a delinquent child has been	5581
adjudicated a delinquent child for committing a sexually oriented	5582
offense and is classified a juvenile sex offender registrant or is	5583
an out-of-state juvenile sex offender registrant,that is not a	5584
registration-exempt sexually oriented offense and if the offender	5585
subsequently is convicted of or pleads guilty to another sexually	5586
oriented offense or a child-victim oriented offense, if an	5587
offender has been convicted of or pleaded guilty to a child-victim	5588
oriented offense and the offender subsequently is convicted of or	5589
pleads guilty to another child-victim oriented offense or a	5590
sexually oriented offense, if a delinquent child has been	5591
adjudicated a delinquent child for committing a sexually oriented	5592
offense that is not a registration-exempt sexually oriented	5593
offense and is classified a juvenile offender registrant or is an	5594
out-of-state juvenile offender registrant and the delinquent child	5595
subsequently is adjudicated a delinquent child for committing	5596
another sexually oriented offense or a child-victim oriented	5597
offense and is classified a juvenile sex offender registrant	5598
relative to that offense or subsequently is convicted of or pleads	5599
guilty to another sexually oriented offense or a child-victim	5600
oriented offense, or if a delinquent child has been adjudicated a	5601
delinquent child for committing a child-victim oriented offense	5602
and is classified a juvenile offender registrant or is an	5603
out-of-state juvenile offender registrant and the child	5604
subsequently is adjudicated a delinquent child for committing	5605
another child-victim oriented offense or a sexually oriented	5606
offense and is classified a juvenile offender registrant relative	5607
to that offense or subsequently is convicted of or pleads guilty	5608
to another child-victim oriented offense or a sexually oriented	5609
offense, the period of time for which the offender or delinquent	5610
child must comply with the sections specified in division (A) of	5611
this section shall be separately calculated pursuant to divisions	5612
(A)(1) to (6)(8) and (B)(1) to (3) of this section for each of the	5613
sexually oriented offenses and child-victim oriented offenses, and	5614
the separately calculated periods of time shall be complied with	5615
independently.	5616

If a delinquent child has been adjudicated a delinquent child	5617
for committing either a sexually oriented offense that is not a	5618
registration-exempt sexually oriented offense or a child-victim	5619
oriented offense, is classified a juvenile sex offender registrant	5620
or is an out-of-state juvenile sex offender registrant relative to	5621
the offense, and, after attaining eighteen years of age,	5622
subsequently is convicted of or pleads guilty to another sexually	5623
oriented offense or child-victim oriented offense, the subsequent	5624
conviction or guilty plea does not limit, affect, or supersede the	5625
duties imposed upon the delinquent child under this chapter	5626
relative to the delinquent child's classification as a juvenile	5627
sex offender registrant or as an out-of-state juvenile sex	5628
offender registrant, and the delinquent child shall comply with	5629
both those duties and the duties imposed under this chapter	5630
relative to the subsequent conviction or guilty plea.	5631

(2) If a delinquent child has been adjudicated a delinquent	5632
child for committing on or after January 1, 2002, either a	5633
sexually oriented offense that is not a registration-exempt	5634
sexually oriented offense or a child-victim oriented offense and	5635
is classified a juvenile sex offender registrant relative to the	5636
offense, if the order containing the classification also contains	5637
a determination by the juvenile judge that the delinquent child is	5638
a sexual predator or a habitual sex offender or that the child is	5639
a child-victim predator or a habitual child-victim offender, and	5640
if the juvenile judge or the judge's successor in office	5641
subsequently determines pursuant to section 2152.84 or 2152.85 of	5642
the Revised Code that the delinquent child no longer is a sexual	5643
predator or habitual sex offender or no longer is a child-victim	5644
predator or habitual child-victim offender, whichever is	5645
applicable, the judge's subsequent determination does not affect	5646
the date of commencement of the delinquent child's duty to comply	5647
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	5648
Revised Code as determined under division (A) of this section.	5649

(D) The duty of an offender or delinquent child to register	5650
under this chapter is tolled for any period during which the	5651
offender or delinquent child is returned to confinement in a	5652
secure facility for any reason or imprisoned for an offense when	5653
the confinement in a secure facility or imprisonment occurs	5654
subsequent to the date determined pursuant to division (A) of this	5655
section. The offender's or delinquent child's duty to register	5656
under this chapter resumes upon the offender's or delinquent	5657
child's release from confinement in a secure facility or	5658
imprisonment.	5659

(E) An offender or delinquent child who has been convicted of	5660
or pleaded guilty to, or has been or is adjudicated a delinquent	5661
child for committing, a sexually oriented offense, in a court in	5662
another state or, in a federal court, military court, or an Indian	5663
tribal court, or in a court of any nation other than the United	5664
States for committing either a sexually oriented offense that is	5665
not a registration-exempt sexually oriented offense or a	5666
child-victim oriented offense may apply to the sheriff of the	5667
county in which the offender or delinquent child resides or	5668
temporarily is domiciled, or in which the offender attends a	5669
school or institution of higher education or is employed, for	5670
credit against the duty to register for the time that the offender	5671
or delinquent child has complied with the sex offender or	5672
child-victim offender registration requirements of another	5673
jurisdiction. The sheriff shall grant the offender or delinquent	5674
child credit against the duty to register for time for which the	5675
offender or delinquent child provides adequate proof that the	5676
offender or delinquent child has complied with the sex offender or	5677
child-victim offender registration requirements of another	5678
jurisdiction. If the offender or delinquent child disagrees with	5679
the determination of the sheriff, the offender or delinquent child	5680
may appeal the determination to the court of common pleas of the	5681
county in which the offender or delinquent child resides or is	5682
temporarily domiciled, or in which the offender attends a school	5683
or institution of higher education or is employed.	5684

Sec. 2950.08. The(A) Subject to division (B) of this	5685
section, the statements, information, photographs, and	5686
fingerprints required by sections 2950.04, 2950.041, 2950.05, and	5687
2950.06 of the Revised Code and provided by a person who	5688
registers, who provides notice of a change of residence, school,	5689
institution of higher education, or place of employment address	5690
and registers the new residence, school, institution of higher	5691
education, or place of employment address, or who provides	5692
verification of a current residence, school, institution of higher	5693
education, or place of employment address pursuant to those	5694
sections and that are in the possession of the bureau of criminal	5695
identification and investigation and the information in the	5696
possession of the bureau that was received by the bureau pursuant	5697
to section 2950.14 of the Revised Code shall not be open to	5698
inspection by the public or by any person other than the following	5699
persons:	5700

(A)(1) A regularly employed peace officer or other law	5701
enforcement officer;	5702

(B)(2) An authorized employee of the bureau of criminal	5703
identification and investigation for the purpose of providing	5704
information to a board, administrator, or person pursuant to	5705
division (F) or (G) of section 109.57 of the Revised Code;	5706

(3) The registrar of motor vehicles, or an employee of the	5707
registrar of motor vehicles, for the purpose of verifying and	5708
updating any of the information so provided, upon the request of	5709
the bureau of criminal identification and investigation.	5710

(B) Division (A) of this section does not apply to any	5711
information that is contained in the internet sex offender and	5712
child-victim offender database established by the attorney general	5713
under division (A)(11) of section 2950.13 of the Revised Code	5714
regarding offenders and that is disseminated as described in that	5715
division.	5716

Sec. 2950.081. (A) Any statements, information, photographs,	5717
or fingerprints that are required to be provided, and that are	5718
provided, by an offender or delinquent child pursuant to section	5719
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code	5720
requires a person to provide, that are provided by a person who	5721
registers, who provides notice of a change of residence address	5722
and registers the new residence address, or who provides	5723
verification of a current residence address pursuant to any	5724
provision of those sections, and that are in the possession of a	5725
county sheriff are public records open to public inspection under	5726
section 149.43 of the Revised Code and shall be included in the	5727
internet sex offender and child-victim offender database	5728
established and maintained under section 2950.13 of the Revised	5729
Code to the extent provided in that section.	5730

(B) Except when the child is classified a juvenile offender	5731
registrant and the act that is the basis of a child'sthe	5732
classification as a juvenile sex offender registrant is a	5733
violation of, or an attempt to commit a violation of, section	5734
2903.01, 2903.02, or 2905.01 of the Revised Code that was	5735
committed with a purpose to gratify the sexual needs or desires of	5736
the child, a violation of section 2907.02 of the Revised Code, or	5737
an attempt to commit a violation of that section, the sheriff	5738
shall not cause to be publicly disseminated by means of the	5739
internet any statements, information, photographs, or fingerprints	5740
that are provided by a juvenile sex offender registrant who sends	5741
a notice of intent to reside, registers, who provides notice of a	5742
change of residence address and registers the new residence	5743
address, or who provides verification of a current residence	5744
address pursuant to this chapter and that are in the possession of	5745
a county sheriff.	5746

Sec. 2950.09. (A) If a person is convicted of or pleads	5747
guilty to committing, on or after January 1, 1997, a sexually	5748
oriented offense that is not a registration-exempt sexually	5749
oriented offense and that is a sexually violent offense and also	5750
is convicted of or pleads guilty to a sexually violent predator	5751
specification that was included in the indictment, count in the	5752
indictment, or information charging the sexually violent offense,	5753
the conviction of or plea of guilty to the specification	5754
automatically classifies the offender as a sexual predator for	5755
purposes of this chapter. If a person is convicted of, pleads	5756
guilty to, or is adjudicated a delinquent child for committing, a	5757
sexually oriented offense in a court in another state, or in a	5758
federal court, military court, or an Indian tribal court, or in a	5759
court of any nation other than the United States for committing a	5760
sexually oriented offense that is not a registration-exempt	5761
sexually oriented offense, and if, as a result of that conviction,	5762
plea of guilty, or adjudication, the person is required, under the	5763
law of the jurisdiction in which the person was convicted, pleaded	5764
guilty, or was adjudicated, to register as a sex offender until	5765
the person's death and is required to verify the person's address	5766
on at least a quarterly basis each year, that conviction, plea of	5767
guilty, or adjudication automatically classifies the person as a	5768
sexual predator for the purposes of this chapter, but the person	5769
may challenge that classification pursuant to division (F) of this	5770
section. In all other cases, a person who is convicted of or	5771
pleads guilty to, has been convicted of or pleaded guilty to, or	5772
is adjudicated a delinquent child for committing, a sexually	5773
oriented offense may be classified as a sexual predator for	5774
purposes of this chapter only in accordance with division (B) or	5775
(C) of this section or, regarding delinquent children, divisions	5776
(B) and (C) of section 2152.83 of the Revised Code.	5777

(B)(1)(a) The judge who is to impose sentence on a person who	5778
is convicted of or pleads guilty to a sexually oriented offense	5779
that is not a registration-exempt sexually oriented offense shall	5780
conduct a hearing to determine whether the offender is a sexual	5781
predator if any of the following circumstances apply:	5782

(i) Regardless of when the sexually oriented offense was	5783
committed, the offender is to be sentenced on or after January 1,	5784
1997, for a sexually oriented offense that is not a	5785
registration-exempt sexually oriented offense and that is not a	5786
sexually violent offense.	5787

(ii) Regardless of when the sexually oriented offense was	5788
committed, the offender is to be sentenced on or after January 1,	5789
1997, for a sexually oriented offense that is not a	5790
registration-exempt sexually oriented offense and that is a	5791
sexually violent offense, and a sexually violent predator	5792
specification was not included in the indictment, count in the	5793
indictment, or information charging the sexually violent offense.	5794

(iii) Regardless of when the sexually oriented offense was	5795
committed, the offender is to be sentenced on or after May 7,	5796
2002, for a sexually oriented offense that is not a	5797
registration-exempt sexually oriented offense, and that offender	5798
was acquitted of a sexually violent predator specification that	5799
was included in the indictment, count in the indictment, or	5800
information charging the sexually oriented offense.	5801

(b) The judge who is to impose or has imposed an order of	5802
disposition upon a child who is adjudicated a delinquent child for	5803
committing on or after January 1, 2002, a sexually oriented	5804
offense that is not a registration-exempt sexually oriented	5805
offense shall conduct a hearing as provided in this division to	5806
determine whether the child is to be classified as a sexual	5807
predator if either of the following applies:	5808

(i) The judge is required by section 2152.82 or division (A)	5809
of section 2152.83 of the Revised Code to classify the child a	5810
juvenile sex offender registrant.	5811

(ii) Division (B) of section 2152.83 of the Revised Code	5812
applies regarding the child, the judge conducts a hearing under	5813
that division for the purposes described in that division, and the	5814
judge determines at that hearing that the child will be classified	5815
a juvenile sex offender registrant.	5816

(2) Regarding an offender, the judge shall conduct the	5817
hearing required by division (B)(1)(a) of this section prior to	5818
sentencing and, if the sexually oriented offense for which	5819
sentence is to be imposed is a felony and if the hearing is being	5820
conducted under division (B)(1)(a) of this section, the judge may	5821
conduct it as part of the sentencing hearing required by section	5822
2929.19 of the Revised Code. Regarding a delinquent child, the	5823
judge may conduct the hearing required by division (B)(1)(b) of	5824
this section at the same time as, or separate from, the	5825
dispositional hearing, as specified in the applicable provision of	5826
section 2152.82 or 2152.83 of the Revised Code. The court shall	5827
give the offender or delinquent child and the prosecutor who	5828
prosecuted the offender or handled the case against the delinquent	5829
child for the sexually oriented offense notice of the date, time,	5830
and location of the hearing. At the hearing, the offender or	5831
delinquent child and the prosecutor shall have an opportunity to	5832
testify, present evidence, call and examine witnesses and expert	5833
witnesses, and cross-examine witnesses and expert witnesses	5834
regarding the determination as to whether the offender or	5835
delinquent child is a sexual predator. The offender or delinquent	5836
child shall have the right to be represented by counsel and, if	5837
indigent, the right to have counsel appointed to represent the	5838
offender or delinquent child.	5839

(3) In making a determination under divisions (B)(1) and (4)	5840
of this section as to whether an offender or delinquent child is a	5841
sexual predator, the judge shall consider all relevant factors,	5842
including, but not limited to, all of the following:	5843

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

5844

(b) The offender's or delinquent child's prior criminal or	5845
delinquency record regarding all offenses, including, but not	5846
limited to, all sexual offenses;	5847

(c) The age of the victim of the sexually oriented offense	5848
for which sentence is to be imposed or the order of disposition is	5849
to be made;	5850

(d) Whether the sexually oriented offense for which sentence	5851
is to be imposed or the order of disposition is to be made	5852
involved multiple victims;	5853

(e) Whether the offender or delinquent child used drugs or	5854
alcohol to impair the victim of the sexually oriented offense or	5855
to prevent the victim from resisting;	5856

(f) If the offender or delinquent child previously has been	5857
convicted of or pleaded guilty to, or been adjudicated a	5858
delinquent child for committing an act that if committed by an	5859
adult would be, a criminal offense, whether the offender or	5860
delinquent child completed any sentence or dispositional order	5861
imposed for the prior offense or act and, if the prior offense or	5862
act was a sex offense or a sexually oriented offense, whether the	5863
offender or delinquent child participated in available programs	5864
for sexual offenders;	5865

(g) Any mental illness or mental disability of the offender	5866
or delinquent child;	5867

(h) The nature of the offender's or delinquent child's sexual	5868
conduct, sexual contact, or interaction in a sexual context with	5869
the victim of the sexually oriented offense and whether the sexual	5870
conduct, sexual contact, or interaction in a sexual context was	5871
part of a demonstrated pattern of abuse;	5872

(i) Whether the offender or delinquent child, during the	5873
commission of the sexually oriented offense for which sentence is	5874
to be imposed or the order of disposition is to be made, displayed	5875
cruelty or made one or more threats of cruelty;	5876

(j) Any additional behavioral characteristics that contribute	5877
to the offender's or delinquent child's conduct.	5878

(4) After reviewing all testimony and evidence presented at	5879
the hearing conducted under division (B)(1) of this section and	5880
the factors specified in division (B)(3) of this section, the	5881
court shall determine by clear and convincing evidence whether the	5882
subject offender or delinquent child is a sexual predator. If the	5883
court determines that the subject offender or delinquent child is	5884
not a sexual predator, the court shall specify in the offender's	5885
sentence and the judgment of conviction that contains the sentence	5886
or in the delinquent child's dispositional order, as appropriate,	5887
that the court has determined that the offender or delinquent	5888
child is not a sexual predator and the reason or reasons why the	5889
court determined that the subject offender or delinquent child is	5890
not a sexual predator. If the court determines by clear and	5891
convincing evidence that the subject offender or delinquent child	5892
is a sexual predator, the court shall specify in the offender's	5893
sentence and the judgment of conviction that contains the sentence	5894
or in the delinquent child's dispositional order, as appropriate,	5895
that the court has determined that the offender or delinquent	5896
child is a sexual predator and shall specify that the	5897
determination was pursuant to division (B) of this section. In any	5898
case in which the sexually oriented offense in question is an	5899
aggravated sexually oriented offense committed on or after the	5900
effective date of this amendment, the court shall specify in the	5901
offender's sentence and the judgment of conviction that contains	5902
the sentence that the offender's offense is an aggravated sexually	5903
oriented offense. The offender or delinquent child and the	5904
prosecutor who prosecuted the offender or handled the case against	5905
the delinquent child for the sexually oriented offense in question	5906
may appeal as a matter of right the court's determination under	5907
this division as to whether the offender or delinquent child is,	5908
or is not, a sexual predator.	5909

(5) A hearing shall not be conducted under division (B) of	5910
this section regarding an offender if the sexually oriented	5911
offense in question is a sexually violent offense, if the	5912
indictment, count in the indictment, or information charging the	5913
offense also included a sexually violent predator specification,	5914
and if the offender is convicted of or pleads guilty to that	5915
sexually violent predator specification.	5916

(C)(1) If a person was convicted of or pleaded guilty to a	5917
sexually oriented offense that is not a registration-exempt	5918
sexually oriented offense prior to January 1, 1997, if the person	5919
was not sentenced for the offense on or after January 1, 1997, and	5920
if, on or after January 1, 1997, the offender is serving a term of	5921
imprisonment in a state correctional institution, the department	5922
of rehabilitation and correction shall do whichever of the	5923
following is applicable:	5924

(a) If the sexually oriented offense was an offense described	5925
in division (D)(1)(c) of section 2950.01 of the Revised Code or	5926
was a violent sex offense, the department shall notify the court	5927
that sentenced the offender of this fact, and the court shall	5928
conduct a hearing to determine whether the offender is a sexual	5929
predator.	5930

(b) If division (C)(1)(a) of this section does not apply, the	5931
department shall determine whether to recommend that the offender	5932
be adjudicated as being a sexual predator. In making a	5933
determination under this division as to whether to recommend that	5934
the offender be adjudicated as being a sexual predator, the	5935
department shall consider all relevant factors, including, but not	5936
limited to, all of the factors specified in divisiondivisions	5937
(B)(2) and (3) of this section. If the department determines that	5938
it will recommend that the offender be adjudicated as being a	5939
sexual predator, it immediately shall send the recommendation to	5940
the court that sentenced the offender and. If the department	5941
determines that it will not recommend that the offender be	5942
adjudicated a sexual predator, it immediately shall send its	5943
determination to the court that sentenced the offender. In all	5944
cases, the department shall enter its determination and	5945
recommendation in the offender's institutional record, and the	5946
court shall proceed in accordance with division (C)(2) of this	5947
section.	5948

(2)(a) If the department of rehabilitation and correction	5949
sends to a court a notice under division (C)(1)(a) of this	5950
section, the court shall conduct a hearing to determine whether	5951
the subject offender is a sexual predator. If, pursuant to	5952
division (C)(1)(b) of this section, the department of	5953
rehabilitation and correction sends to a court a recommendation	5954
that an offender who has been convicted of or pleaded guilty to a	5955
sexually oriented offense be adjudicated as being a sexual	5956
predator, the court is not bound by the department's	5957
recommendation, and the court mayshall conduct a hearing to	5958
determine whether the offender is a sexual predator. TheIn any	5959
case, the court may deny the recommendation and determine that the	5960
offender is not a sexual predator without a hearing but shall not	5961
make a determination thatas to whether the offender is, or is	5962
not, a sexual predator in any case without a hearing. The court	5963
may hold the hearing and make the determination prior to the	5964
offender's release from imprisonment or at any time within one	5965
year following the offender's release from that imprisonment. If	5966
the court determines without a hearing that the offender is not a	5967
sexual predator, it shall include its determination in the	5968
offender's institutional record and	5969

(b) If, pursuant to division (C)(1)(b) of this section, the	5970
department sends to the court a determination that it is not	5971
recommending that an offender be adjudicated a sexual predator,	5972
the court shall not make any determination as to whether the	5973
offender is, or is not, a sexual predator but shall determine	5974
whether the offender previously has been convicted of or pleaded	5975
guilty to a sexually oriented offense other than the offense in	5976
relation to which the court determined that the offender is not a	5977
sexual predatordepartment made its determination or previously	5978
has been convicted of or pleaded guilty to a child-victim oriented	5979
offense.	5980

The court may make the determination as toconduct a hearing	5981
to determine whether the offender previously has been convicted of	5982
or pleaded guilty to a sexually oriented offense or a	5983
child-victim oriented offense but may make the determination	5984
without a hearing, but. However, if the court determines that the	5985
offender previously has been convicted of or pleaded guilty to	5986
such an offense, it shall not impose a requirement that the	5987
offender be subject to the community notification provisions	5988
regarding the offender's place of residence that are contained in	5989
sections 2950.10 and 2950.11 of the Revised Code without a	5990
hearing. The court may conduct a hearing to determine both whether	5991
the offender previously has been convicted of or pleaded guilty to	5992
a sexually oriented offense and whether to impose a requirement	5993
that the offender be subject to the community notification	5994
provisions as described in this division, or may conduct a hearing	5995
solely to make the latter determination.In determining whether to	5996
impose the community notification requirement, the court, in the	5997
circumstances described in division (E)(2) of this section, shall	5998
apply the presumption specified in that division. The court shall	5999
include in the offender's institutional record any determination	6000
made under this division as to whether the offender previously has	6001
been convicted of or pleaded guilty to a sexually oriented offense	6002
or child-victim oriented offense, and, as such, whether the	6003
offender is a habitual sex offender.	6004

(b) If the court schedules(c) Upon scheduling a hearing	6005
under division (C)(2)(a) or (b) of this section, the court shall	6006
give the offender and the prosecutor who prosecuted the offender	6007
for the sexually oriented offense, or that prosecutor's successor	6008
in office, notice of the date, time, and place of the hearing. If	6009
the hearing is scheduled under division (C)(2)(a) of this section	6010
to determine whether the offender is a sexual predator, itthe	6011
prosecutor who is given the notice may contact the department of	6012
rehabilitation and correction and request that the department	6013
provide to the prosecutor all information the department possesses	6014
regarding the offender that is relevant and necessary for use in	6015
making the determination as to whether the offender is a sexual	6016
predator and that is not privileged or confidential under law. If	6017
the prosecutor makes a request for that information, the	6018
department promptly shall provide to the prosecutor all	6019
information the department possesses regarding the offender that	6020
is not privileged or confidential under law and that is relevant	6021
and necessary for making that determination. A hearing scheduled	6022
under division (C)(2)(a) of this section to determine whether the	6023
offender is a sexual predator shall be conducted in the manner	6024
described in division (B)(1) of this section regarding hearings	6025
conducted under that division and, in making a determination under	6026
this division as to whether the offender is a sexual predator, the	6027
court shall consider all relevant factors, including, but not	6028
limited to, all of the factors specified in divisiondivisions	6029
(B)(2) and (3) of this section. After reviewing all testimony and	6030
evidence presented at the sexual predator hearing and the factors	6031
specified in divisiondivisions (B)(2) and (3) of this section,	6032
the court shall determine by clear and convincing evidence whether	6033
the offender is a sexual predator. If the court determines at the	6034
sexual predator hearing that the offender is not a sexual	6035
predator, it also shall determine whether the offender previously	6036
has been convicted of or pleaded guilty to a sexually oriented	6037
offense other than the offense in relation to which the hearing is	6038
being conducted.	6039

Upon making its determinations at the sexual predator	6040
hearing, the court shall proceed as follows:	6041

(i) If the hearing is to determine whether the offender is a	6042
sexual predator, and if the court determines that the offender is	6043
not a sexual predator and that the offender previously has not	6044
been convicted of or pleaded guilty to a sexually oriented offense	6045
other than the offense in relation to which the hearing is being	6046
conducted and previously has not been convicted of or pleaded	6047
guilty to a child-victim oriented offense, it shall include its	6048
determinations in the offender's institutional record its	6049
determinations and the reason or reasons why it determined that	6050
the offender is not a sexual predator.	6051

(ii) If the hearing is to determine whether the offender is a	6052
sexual predator, and if the court determines that the offender is	6053
not a sexual predator but that the offender previously has been	6054
convicted of or pleaded guilty to a sexually oriented offense	6055
other than the offense in relation to which the hearing is being	6056
conducted or previously has been convicted of or pleaded guilty to	6057
a child-victim oriented offense, it shall include its	6058
determination that the offender is not a sexual predator but is a	6059
habitual sex offender in the offender's institutional record its	6060
determination that the offender is not a sexual predator but is a	6061
habitual sex offender and the reason or reasons why it determined	6062
that the offender is not a sexual predator, shall attach the	6063
determinations and the reason or reasons to the offender's	6064
sentence, shall specify that the determinations were pursuant to	6065
division (C) of this section, shall provide a copy of the	6066
determinations and the reason or reasons to the offender, to the	6067
prosecuting attorney, and to the department of rehabilitation and	6068
correction, and may impose a requirement that the offender be	6069
subject to the community notification provisions regarding the	6070
offender's place of residence that are contained in sections	6071
2950.10 and 2950.11 of the Revised Code. In determining whether to	6072
impose the community notification requirements, the court, in the	6073
circumstances described in division (E)(2) of this section, shall	6074
apply the presumption specified in that division. The offender	6075
shall not be subject to those community notification provisions	6076
relative to the sexually oriented offense in question if the court	6077
does not so impose the requirement described in this division. If	6078
the court imposes those community notification provisionsthat	6079
requirement, the offender may appeal the judge's determination	6080
that the offender is a habitual sex offender.	6081

(iii) If the hearing is to determine whether the offender	6082
previously has been convicted of or pleaded guilty to a sexually	6083
oriented offense other than the offense in relation to which the	6084
hearing is being conducted and whether to impose a requirement	6085
that the offender be subject to the specified community	6086
notification provisions, and if the court determines that the	6087
offender previously has been convicted of or pleaded guilty to	6088
such an offense, the court shall proceed as described in division	6089
(C)(2)(b)(ii) of this section and may impose a community	6090
notification requirement as described in that division. The	6091
offender shall not be subject to the specified community	6092
notification provisions relative to the sexually oriented offense	6093
in question if the court does not so impose the requirement	6094
described in that division. If the court imposes those community	6095
notification provisions, the offender may appeal the judge's	6096
determination that the offender is a habitual sex offender.	6097

(iv) If the court determined without a hearing that the	6098
offender previously has been convicted of or pleaded guilty to a	6099
sexually oriented offense other than the offense in relation to	6100
which the court determined that the offender is not a sexual	6101
predator, and, as such, is a habitual sex offender, and the	6102
hearing is solely to determine whether to impose a requirement	6103
that the offender be subject to the specified community	6104
notification provisions, after the hearing, the court may impose a	6105
community notification requirement as described in division	6106
(C)(2)(b)(ii) of this section. The offender shall not be subject	6107
to the specified community notification provisions relative to the	6108
sexually oriented offense in question if the court does not so	6109
impose the requirement described in that division. If the court	6110
imposes those community notification provisions, the offender may	6111
appeal the judge's determination that the offender is a habitual	6112
sex offender.	6113

(v) If the hearing is to determine whether the offender is a	6114
sexual predator, and if the court determines by clear and	6115
convincing evidence that the offender is a sexual predator, it	6116
shall enter its determination in the offender's institutional	6117
record, shall attach the determination to the offender's sentence,	6118
shall specify that the determination was pursuant to division (C)	6119
of this section, and shall provide a copy of the determination to	6120
the offender, to the prosecuting attorney, and to the department	6121
of rehabilitation and correction. The offender and the prosecutor	6122
may appeal as a matter of right the judge's determination under	6123
this divisiondivisions (C)(2)(a) and (c) of this section as to	6124
whether the offender is, or is not, a sexual predator.	6125

If the hearing is scheduled under division (C)(2)(b) of this	6126
section to determine whether the offender previously has been	6127
convicted of or pleaded guilty to a sexually oriented offense or a	6128
child-victim oriented offense or whether to subject the offender	6129
to the community notification provisions contained in sections	6130
2950.10 and 2950.11 of the Revised Code, upon making the	6131
determination, the court shall attach the determination or	6132
determinations to the offender's sentence, shall provide a copy to	6133
the offender, to the prosecuting attorney, and to the department	6134
of rehabilitation and correction and may impose a requirement that	6135
the offender be subject to the community notification provisions.	6136
In determining whether to impose the community notification	6137
requirements, the court, in the circumstances described in	6138
division (E)(2) of this section, shall apply the presumption	6139
specified in that division. The offender shall not be subject to	6140
the community notification provisions relative to the sexually	6141
oriented offense in question if the court does not so impose the	6142
requirement described in this division. If the court imposes that	6143
requirement, the offender may appeal the judge's determination	6144
that the offender is a habitual sex offender.	6145

(3) The changes made in divisions (C)(1) and (2) of this	6146
section that take effect on the effective date of this amendment	6147
do not require a court to conduct a new hearing under those	6148
divisions for any offender regarding a sexually oriented offense	6149
if, prior to the effective date of this amendment, the court	6150
previously conducted a hearing under those divisions regarding	6151
that offense to determine whether the offender was a sexual	6152
predator. The changes made in divisions (C)(1) and (2) of this	6153
section that take effect on the effective date of this amendment	6154
do not require a court to conduct a hearing under those divisions	6155
for any offender regarding a sexually oriented offense if, prior	6156
to the effective date of this amendment and pursuant to those	6157
divisions, the department of rehabilitation and correction	6158
recommended that the offender be adjudicated a sexual predator	6159
regarding that offense, and the court denied the recommendation	6160
and determined that the offender was not a sexual predator without	6161
a hearing, provided that this provision does not apply if the	6162
sexually oriented offense in question was an offense described in	6163
division (D)(1)(c) of section 2950.01 of the Revised Code.	6164

(D)(1) Division (D)(1) of this section appliesdoes not apply	6165
to personsany person who havehas been convicted of or pleaded	6166
guilty to a sexually oriented offense and also. Division (D) of	6167
this section applies only to delinquent children as provided in	6168
Chapter 2152. of the Revised Code. A person who has been	6169
adjudicated a delinquent child for committing a sexually oriented	6170
offense that is not a registration-exempt sexually oriented	6171
offense and who has been classified by a juvenile court judge a	6172
juvenile sex offender registrant or, if applicable, additionally	6173
has been determined by a juvenile court judge to be a sexual	6174
predator or habitual sex offender, may petition the adjudicating	6175
court for a reclassification or declassification pursuant to	6176
section 2152.85 of the Revised Code.	6177

Upon the expiration of the applicable period of time	6178
specified in division (D)(1)(a) or (b) of this section, an	6179
offender who has been convicted of or pleaded guilty to a sexually	6180
oriented offense and who has been adjudicated as being a sexual	6181
predator relative to the sexually oriented offense in the manner	6182
described in division (B) or (C) of this section may petition the	6183
judge who made the determination that the offender was a sexual	6184
predator, or that judge's successor in office, to enter a	6185
determination that the offender no longer is a sexual predator.	6186
Upon the filing of the petition, the judge may review the prior	6187
sexual predator determination that comprises the sexual predator	6188
adjudication, and, upon consideration ofA judge who is reviewing	6189
a sexual predator determination for a delinquent child under	6190
section 2152.84 or 2152.85 of the Revised Code shall comply with	6191
this section. At the hearing, the judge shall consider all	6192
relevant evidence and information, including, but not limited to,	6193
the factors set forth in division (B)(3) of this section, either	6194
shall enter a determination that the offender no longer is a	6195
sexual predator or shall enter an order denying the petition. The	6196
judge shall not enter a determination under this division that the	6197
offenderdelinquent child no longer is a sexual predator unless	6198
the judge determines by clear and convincing evidence that the	6199
offenderdelinquent child is unlikely to commit a sexually	6200
oriented offense in the future. If the judge enters a	6201
determination under this division that the offenderdelinquent	6202
child no longer is a sexual predator, the judge shall notify the	6203
bureau of criminal identification and investigation and the parole	6204
board of the determination and shall include in the notice a	6205
statement of the reason or reasons why it determined that the	6206
delinquent child no longer is a sexual predator. Upon receipt of	6207
the notification, the bureau promptly shall notify the sheriff	6208
with whom the offenderdelinquent child most recently registered	6209
under section 2950.04 or 2950.05 of the Revised Code of the	6210
determination that the offenderdelinquent child no longer is a	6211
sexual predator. If the judge enters a determination under this	6212
division that the offender no longer is a sexual predator and if	6213
the offender has a duty to register under section 2950.04 of the	6214
Revised Code resulting from the offender's conviction of or plea	6215
of guilty to committing on or after the effective date of this	6216
amendment an aggravated sexually oriented offense, the entry of	6217
the determination under this division does not affect any duties	6218
imposed upon the offender under this chapter as a result of that	6219
conviction of or plea of guilty to the aggravated sexually	6220
oriented offense. If the judge enters an order denying the	6221
petition, the prior adjudication of the offender as a sexual	6222
predator shall remain in effect. An offender determined to be a	6223
sexual predator in the manner described in division (B) or (C) of	6224
this section may file a petition under this division after the	6225
expiration of the following periods of time:	6226

(a) Regardless of when the sexually oriented offense was	6227
committed, if, on or after January 1, 1997, the offender is	6228
imprisoned or sentenced to a prison term or other confinement for	6229
the sexually oriented offense in relation to which the	6230
determination was made, the offender initially may file the	6231
petition not earlier than one year prior to the offender's release	6232
from the imprisonment, prison term, or other confinement by	6233
discharge, parole, judicial release, or any other final release.	6234
If the offender is sentenced on or after January 1, 1997, for the	6235
sexually oriented offense in relation to which the determination	6236
is made and is not imprisoned or sentenced to a prison term or	6237
other confinement for the sexually oriented offense, the offender	6238
initially may file the petition upon the expiration of one year	6239
after the entry of the offender's judgment of conviction.	6240

(b) After the offender's initial filing of a petition under	6241
division (D)(1)(a) of this section, thereafter, an offender may	6242
file a petition under this division upon the expiration of five	6243
years after the court has entered an order denying the petition	6244
under division (D)(1)(a) of this section or the most recent	6245
petition the offender has filed under this division.	6246

(2) Except as otherwise provided in this division, division	6247
(D)(1) of this section does not apply to a person who is	6248
classified as a sexual predator pursuant to division (A) of this	6249
section. If a person who is so classified was sentenced to a	6250
prison term pursuant to division (A)(3) of section 2971.03 of the	6251
Revised Code and if the sentencing court terminates the offender's	6252
prison term as provided in division (D) of section 2971.05 of the	6253
Revised Code, the court's termination of the prison term	6254
automatically shall constitute a determination by the court that	6255
the offender no longer is a sexual predator. However, if there is	6256
a determination under this division that the offender no longer is	6257
a sexual predator and if the offender has a duty to register under	6258
section 2950.04 of the Revised Code resulting from the offender's	6259
conviction of or plea of guilty to committing on or after the	6260
effective date of this amendment an aggravated sexually oriented	6261
offense, the determination under this division does not affect any	6262
duties imposed upon the offender under this chapter as a result of	6263
that conviction of or plea of guilty to the aggravated sexually	6264
oriented offense. If the court so terminates the offender's prison	6265
term, the court shall notify the bureau of criminal identification	6266
and investigation and the parole board of the determination that	6267
the offender no longer is a sexual predator. Upon receipt of the	6268
notification, the bureau promptly shall notify the sheriff with	6269
whom the offender most recently registered under section 2950.04	6270
or 2950.05 of the Revised Code that the offender no longer is a	6271
sexual predator. If an offender who has been convicted of or	6272
pleaded guilty to a sexually oriented offense is classified as a	6273
sexual predator pursuant to division (A) of this section is	6274
released from prison pursuant to a pardon or commutationor has	6275
been adjudicated a sexual predator relative to the offense as	6276
described in division (B) or (C) of this section, subject to	6277
division (F) of this section, the classification or adjudication	6278
of the offender as a sexual predator shall remain in effect after	6279
the offender's release, and the offender may file one or more	6280
petitions in accordance with the procedures and time limitations	6281
contained in division (D)(1) of this section for a determination	6282
that the offender no longer is a sexual predatoris permanent and	6283
continues in effect until the offender's death and in no case	6284
shall the classification or adjudication be removed or terminated.	6285

(E)(1) If a person is convicted of or pleads guilty to	6286
committing, on or after January 1, 1997, a sexually oriented	6287
offense that is not a registration-exempt sexually oriented	6288
offense, the judge who is to impose sentence on the offender shall	6289
determine, prior to sentencing, whether the offender previously	6290
has been convicted of or pleaded guilty to, or adjudicated a	6291
delinquent child for committing, a sexually oriented offense or a	6292
child-victim oriented offense and is a habitual sex offender. The	6293
judge who is to impose or has imposed an order of disposition upon	6294
a child who is adjudicated a delinquent child for committing on or	6295
after January 1, 2002, a sexually oriented offense that is not a	6296
registration-exempt sexually oriented offense shall determine,	6297
prior to entering the order classifying the delinquent child a	6298
juvenile sex offender registrant, whether the delinquent child	6299
previously has been convicted of or pleaded guilty to, or	6300
adjudicated a delinquent child for committing, a sexually oriented	6301
offense or a child-victim oriented offense and is a habitual sex	6302
offender, if either of the following applies:	6303

(a) The judge is required by section 2152.82 or division (A)	6304
of section 2152.83 of the Revised Code to classify the child a	6305
juvenile sex offender registrant;	6306

(b) Division (B) of section 2152.83 of the Revised Code	6307
applies regarding the child, the judge conducts a hearing under	6308
that division for the purposes described in that division, and the	6309
judge determines at that hearing that the child will be classified	6310
a juvenile sex offender registrant.	6311

(2) If, under division (E)(1) of this section, the judge	6312
determines that the offender or delinquent child previously has	6313
not been convicted of or pleaded guilty to, or been adjudicated a	6314
delinquent child for committing, a sexually oriented offense or a	6315
child-victim oriented offense or that the offender otherwise does	6316
not satisfy the criteria for being a habitual sex offender, the	6317
judge shall specify in the offender's sentence or in the order	6318
classifying the delinquent child a juvenile sex offender	6319
registrant that the judge has determined that the offender or	6320
delinquent child is not a habitual sex offender. If	6321

If, under division (E)(1) of this section, the judge	6322
determines that the offender or delinquent child previously has	6323
been convicted of or pleaded guilty to, or been adjudicated a	6324
delinquent child for committing, a sexually oriented offense or a	6325
child-victim oriented offense and that the offender satisfies all	6326
other criteria for being a habitual sex offender, the offender or	6327
delinquent child is a habitual sex offender or habitual	6328
child-victim offender and the court shall determine whether to	6329
impose a requirement that the offender or delinquent child be	6330
subject to the community notification provisions contained in	6331
sections 2950.10 and 2950.11 of the Revised Code. In making the	6332
determination regarding the possible imposition of the community	6333
notification requirement, if at least two of the sexually oriented	6334
offenses or child-victim oriented offenses that are the basis of	6335
the habitual sex offender or habitual child-victim offender	6336
determination were committed against a victim who was under	6337
eighteen years of age, it is presumed that subjecting the offender	6338
or delinquent child to the community notification provisions is	6339
necessary in order to comply with the determinations, findings,	6340
and declarations of the general assembly regarding sex offenders	6341
and child-victim offenders that are set forth in section 2950.02	6342
of the Revised Code. When a judge determines as described in this	6343
division that an offender or delinquent child is a habitual sex	6344
offender or a habitual child-victim offender, the judge shall	6345
specify in the offender's sentence and the judgment of conviction	6346
that contains the sentence or in the order classifying the	6347
delinquent child a juvenile sex offender registrant that the judge	6348
has determined that the offender or delinquent child is a habitual	6349
sex offender and may impose a requirement in that sentence and	6350
judgment of conviction or in that order that the offender or	6351
delinquent child be subject to the community notification	6352
provisions regarding the offender's or delinquent child's place of	6353
residence that are contained in sections 2950.10 and 2950.11 of	6354
the Revised Code. Unless the habitual sex offender also has been	6355
adjudicated as being a sexual predator relative to the sexually	6356
oriented offense in question or the habitual sex offender was	6357
convicted of or pleaded guilty to an aggravated sexually oriented	6358
offense that was committed on or after the effective date of this	6359
amendment, the offender or delinquent child shall be subject to	6360
those community notification provisions only if the court imposes	6361
the requirement described in this division in the offender's	6362
sentence and the judgment of conviction or in the order	6363
classifying the delinquent child a juvenile sex offender	6364
registrant. If the court determines pursuant to this division or	6365
division (C)(2) of this section that an offender is a habitual sex	6366
offender, the determination is permanent and continues in effect	6367
until the offender's death, and in no case shall the determination	6368
be removed or terminated.	6369

If a court in another state, a federal court, military court,	6370
or Indian tribal court, or a court in any nation other than the	6371
United States determines a person to be a habitual sex offender in	6372
that jurisdiction, the person is considered to be determined to be	6373
a habitual sex offender in this state. If the court in the other	6374
state, the federal court, military court, or Indian tribal court,	6375
or the court in the nation other than the United States subjects	6376
the habitual sex offender to community notification regarding the	6377
person's place of residence, the person, as much as is	6378
practicable, is subject to the community notification provisions	6379
regarding the person's place of residence that are contained in	6380
sections 2950.10 and 2950.11 of the Revised Code, unless the court	6381
that so subjected the person to community notification determines	6382
that the person no longer is subject to community notification.	6383

(F)(1) An offender or delinquent child classified as a sexual	6384
predator may petition the court of common pleas or, for a	6385
delinquent child, the juvenile court of the county in which the	6386
offender or delinquent child resides or temporarily is domiciled	6387
to enter a determination that the offender or delinquent child is	6388
not an adjudicated sexual predator in this state for purposes of	6389
the sex offender registration and other requirements of this	6390
chapter or the community notification provisions contained in	6391
sections 2950.10 and 2950.11 of the Revised Code if all of the	6392
following apply:	6393

(a) The offender or delinquent child was convicted of,	6394
pleaded guilty to, or was adjudicated a delinquent child for	6395
committing, a sexually oriented offense that is not a	6396
registration-exempt sexually oriented offense in another state or,	6397
in a federal court, a military court, or an Indian tribal court,	6398
or in a court of any nation other than the United States.	6399

(b) As a result of the conviction, plea of guilty, or	6400
adjudication described in division (F)(1)(a) of this section, the	6401
offender or delinquent child is required under the law of the	6402
jurisdiction under which the offender or delinquent child was	6403
convicted, pleaded guilty, or was adjudicated to register as a sex	6404
offender until the offender's or delinquent child's death and is	6405
required to verify the offender's or delinquent child's address on	6406
at least a quarterly basis each year.	6407

(c) The offender or delinquent child was automatically	6408
classified as a sexual predator under division (A) of this section	6409
in relation to the conviction, guilty plea, or adjudication	6410
described in division (F)(1)(a) of this section.	6411

(2) The court may enter a determination that the offender or	6412
delinquent child filing the petition described in division (F)(1)	6413
of this section is not an adjudicated sexual predator in this	6414
state for purposes of the sex offender registration and other	6415
requirements of this chapter or the community notification	6416
provisions contained in sections 2950.10 and 2950.11 of the	6417
Revised Code only if the offender or delinquent child proves by	6418
clear and convincing evidence that the requirement of the other	6419
jurisdiction that the offender or delinquent child register as a	6420
sex offender until the offender's or delinquent child's death and	6421
the requirement that the offender or delinquent child verify the	6422
offender's or delinquent child's address on at least a quarterly	6423
basis each year is not substantially similar to a classification	6424
as a sexual predator for purposes of this chapter. If the court	6425
enters a determination that the offender or delinquent child is	6426
not an adjudicated sexual predator in this state for those	6427
purposes, the court shall include in the determination a statement	6428
of the reason or reasons why it so determined.	6429

(G) If, prior to the effective date of this section, an	6430
offender or delinquent child was adjudicated a sexual predator or	6431
was determined to be a habitual sex offender under this section or	6432
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code	6433
and if, on and after the effective date of this amendment, the	6434
sexually oriented offense upon which the classification or	6435
determination was based no longer is considered a sexually	6436
oriented offense but instead is a child-victim oriented offense,	6437
notwithstanding the redesignation of that offense, on and after	6438
the effective date of this amendment, all of the following apply:	6439

(1) Divisions (A)(1) or (2) or (E)(1) and (2) of section	6440
2950.091 of the Revised Code apply regarding the offender or	6441
child, and the judge's classification or determination made prior	6442
to the effective date of this amendment shall be considered for	6443
all purposes to be a classification or determination that	6444
classifies the offender or child as described in those divisions.	6445

(2) The offender's or child's classification or determination	6446
under divisions (A)(1) or (2) or (E)(1) and (2) of section	6447
2950.091 of the Revised Code shall be considered, for purposes of	6448
section 2950.07 of the Revised Code and for all other purposes, to	6449
be a continuation of the classification or determination made	6450
prior to the effective date of this amendment.	6451

(3) The offender's or child's duties under this chapter	6452
relative to that classification or determination shall be	6453
considered for all purposes to be a continuation of the duties	6454
related to that classification or determination as they existed	6455
prior to the effective date of this amendment.	6456

Sec. 2950.091.  (A)(1) If, prior to the effective date of	6457
this section, a person was convicted of, pleaded guilty to, or was	6458
adjudicated a delinquent child for committing, a sexually oriented	6459
offense, if, prior to the effective date of this section, the	6460
offender or delinquent child was classified a sexual predator in	6461
relation to that offense pursuant to division (A) of section	6462
2950.09 of the Revised Code, and if, on and after the effective	6463
date of this section, the sexually oriented offense upon which the	6464
classification was based no longer is considered a sexually	6465
oriented offense but instead is a child-victim oriented offense,	6466
notwithstanding the redesignation of the offense, the	6467
classification of the offender or child as a sexual predator	6468
remains valid and in effect on and after the effective date of	6469
this section.	6470

(2) If, prior to the effective date of this section, a person	6471
was convicted of, pleaded guilty to, or was adjudicated a	6472
delinquent child for committing a sexually oriented offense, if,	6473
prior to the effective date of this section, the offender or	6474
delinquent child was adjudicated a sexual predator in relation to	6475
that offense under section 2950.09 or section 2152.82, 2152.83,	6476
2152.84, or 2152.85 of the Revised Code, if, on and after the	6477
effective date of this section, the sexually oriented offense upon	6478
which the adjudication was based no longer is considered a	6479
sexually oriented offense but instead is a child-victim oriented	6480
offense, and if division (A)(1) of this section does not apply,	6481
notwithstanding the redesignation of the offense, on and after the	6482
effective date of this section, the offender or delinquent child	6483
automatically is classified a child-victim predator. If a person	6484
is convicted, pleads guilty, or adjudicated a delinquent child in	6485
a court of another state, in a federal court, military court, or	6486
Indian tribal court, or in a court of any nation other than the	6487
United States for committing a child-victim oriented offense, and	6488
if, as a result of that conviction, plea of guilty, or	6489
adjudication, the person is required under the law of the	6490
jurisdiction in which the person was convicted, pleaded guilty, or	6491
adjudicated to register as a child-victim offender or sex offender	6492
until the person's death, that conviction, plea of guilty, or	6493
adjudication automatically classifies the person a child-victim	6494
predator for the purposes of this chapter, but the person may	6495
challenge that classification pursuant to division (F) of this	6496
section.	6497

(3) In all cases not described in division (A)(1) or (2) of	6498
this section, a person who is convicted of or pleads guilty to,	6499
has been convicted of or pleaded guilty to, or is adjudicated a	6500
delinquent child for committing a child-victim oriented offense	6501
may be classified a child-victim predator for purposes of this	6502
chapter only in accordance with division (B) or (C) of this	6503
section or, regarding delinquent children, divisions (B) and (C)	6504
of section 2152.83 of the Revised Code.	6505

(B)(1)(a) Regardless of when the offense was committed, the	6506
judge who is to impose sentence on or after the effective date of	6507
this section on an offender who has been convicted of or pleaded	6508
guilty to a child-victim oriented offense shall conduct a hearing	6509
to determine whether the offender is a child-victim predator.	6510

(b) The judge who is to impose or has imposed an order of	6511
disposition upon a child who is adjudicated a delinquent child for	6512
committing on or after the effective date of this section a	6513
child-victim oriented offense shall conduct a hearing as provided	6514
in this division to determine whether the child is to be	6515
classified as a child-victim predator if either of the following	6516
applies:	6517

(i) The judge is required by section 2152.82 or division (A)	6518
of section 2152.83 of the Revised Code to classify the child a	6519
juvenile offender registrant.	6520

(ii) Division (B) of section 2152.83 of the Revised Code	6521
applies regarding the child, the judge conducts a hearing under	6522
that division for the purposes described in that division, and the	6523
judge determines at that hearing that the child will be classified	6524
a juvenile offender registrant.	6525

(2) Regarding an offender, the judge shall conduct the	6526
hearing required by division (B)(1)(a) of this section prior to	6527
sentencing and, if the child-victim oriented offense is a felony	6528
and if the hearing is being conducted under division (B)(1)(a) of	6529
this section, the judge may conduct it as part of the sentencing	6530
hearing required by section 2929.19 of the Revised Code. Regarding	6531
a delinquent child, the judge may conduct the hearing required by	6532
division (B)(1)(b) of this section at the same time as, or	6533
separate from, the dispositional hearing, as specified in the	6534
applicable provision of section 2152.82 or 2152.83 of the Revised	6535
Code. The court shall give the offender or delinquent child and	6536
the prosecutor who prosecuted the offender or handled the case	6537
against the delinquent child for the child-victim oriented offense	6538
notice of the date, time, and location of the hearing. At the	6539
hearing, the offender or delinquent child and the prosecutor have	6540
the same opportunities and rights as described in division (B)(2)	6541
of section 2950.09 of the Revised Code regarding sexual predator	6542
hearings.	6543

(3) In making a determination under divisions (B)(1) and (4)	6544
of this section as to whether an offender or delinquent child is a	6545
child-victim predator, the judge shall consider all relevant	6546
factors, including, but not limited to, all of the factors	6547
identified in division (B)(3) of section 2950.09 of the Revised	6548
Code regarding sexual predator hearings, except that all	6549
references in the factors so identified in that division to any	6550
"sexual offense" or "sexually oriented offense" shall be construed	6551
for purposes of this division as being references to a	6552
"child-victim oriented offense" and all references in the factors	6553
so identified to "sexual offenders" shall be construed for	6554
purposes of this division as being references to "child-victim	6555
offenders."	6556

(4) After reviewing all testimony and evidence presented at	6557
the hearing conducted under division (B)(1) of this section and	6558
the factors specified in division (B)(3) of this section, the	6559
court shall determine by clear and convincing evidence whether the	6560
subject offender or delinquent child is a child-victim predator.	6561
If the court determines that the subject offender or delinquent	6562
child is not a child-victim predator, the court shall specify in	6563
the offender's sentence and the judgment of conviction that	6564
contains the sentence or in the delinquent child's dispositional	6565
order, as appropriate, that the court has determined that the	6566
offender or delinquent child is not a child-victim predator and	6567
the reason or reasons why the court determined that the subject	6568
offender or delinquent child is not a child-victim predator. If	6569
the court determines by clear and convincing evidence that the	6570
subject offender or delinquent child is a child-victim predator,	6571
the court shall specify in the offender's sentence and the	6572
judgment of conviction that contains the sentence or in the	6573
delinquent child's dispositional order, as appropriate, that the	6574
court has determined that the offender or delinquent child is a	6575
child-victim predator and shall specify that the determination was	6576
pursuant to division (B) of this section. The offender or	6577
delinquent child and the prosecutor who prosecuted the offender or	6578
handled the case against the delinquent child for the child-victim	6579
oriented offense in question may appeal as a matter of right the	6580
court's determination under this division as to whether the	6581
offender or delinquent child is, or is not, a child-victim	6582
predator.	6583

(C)(1) If, prior to the effective date of this section, a	6584
person was convicted of or pleaded guilty to a sexually oriented	6585
offense, if, on and after the effective date of this section, the	6586
sexually oriented offense no longer is considered a sexually	6587
oriented offense but instead is a child-victim oriented offense,	6588
if the person was not sentenced for the offense on or after	6589
January 1, 1997, and if, on or after the effective date of this	6590
section, the offender is serving a term of imprisonment in a state	6591
correctional institution, the department of rehabilitation and	6592
correction shall determine whether to recommend that the offender	6593
be adjudicated a child-victim predator. In making a determination	6594
under this division as to whether to recommend that the offender	6595
be adjudicated a child-victim predator, the department shall	6596
consider all relevant factors, including, but not limited to, all	6597
of the factors specified in divisions (B)(2) and (3) of this	6598
section. If the department determines that it will recommend that	6599
the offender be adjudicated a child-victim predator or determines	6600
that it will not recommend that the offender be adjudicated a	6601
child-victim predator, it immediately shall send its	6602
recommendation or determination to the court that sentenced the	6603
offender. In all cases, the department shall enter its	6604
determination and recommendation in the offender's institutional	6605
record, and the court shall proceed in accordance with division	6606
(C)(2) of this section.	6607

(2)(a) If, pursuant to division (C)(1) of this section, the	6608
department of rehabilitation and correction sends to a court a	6609
recommendation that an offender be adjudicated a child-victim	6610
predator, the court is not bound by the department's	6611
recommendation, and the court shall conduct a hearing to determine	6612
whether the offender is a child-victim predator. In any case, the	6613
court shall not make a determination that the offender is, or is	6614
not, a child-victim predator without a hearing. The court may hold	6615
the hearing and make the determination prior to the offender's	6616
release from imprisonment or at any time within one year following	6617
the offender's release from that imprisonment.	6618

(b) If, pursuant to division (C)(1) of this section, the	6619
department sends to the court a determination that it is not	6620
recommending that an offender be adjudicated a child-victim	6621
predator, the court shall not make any determination as to whether	6622
the offender is, or is not, a child-victim predator but shall	6623
determine whether the offender previously has been convicted of or	6624
pleaded guilty to a child-victim oriented offense other than the	6625
offense in relation to which the department made its	6626
determination.	6627

The court may conduct a hearing to determine whether the	6628
offender previously has been convicted of or pleaded guilty to a	6629
child-victim oriented offense but may make the determination	6630
without a hearing. However, if the court determines that the	6631
offender previously has been convicted of or pleaded guilty to an	6632
offense of that nature, it shall not impose a requirement that the	6633
offender be subject to the community notification provisions	6634
contained in sections 2950.10 and 2950.11 of the Revised Code	6635
without a hearing. The court shall include in the offender's	6636
institutional record any determination made under this division as	6637
to whether the offender previously has been convicted of or	6638
pleaded guilty to a child-victim oriented offense and whether the	6639
offender is a habitual child-victim offender.	6640

(c) Upon scheduling a hearing under division (C)(2)(a) or (b)	6641
of this section, the court shall give the offender and the	6642
prosecutor who prosecuted the offender for the child-victim	6643
oriented offense, or that prosecutor's successor in office, notice	6644
of the date, time, and place of the hearing. If the hearing is	6645
scheduled under division (C)(2)(a) of this section to determine	6646
whether the offender is a child-victim predator, it shall be	6647
conducted in the manner described in division (B)(1) of this	6648
section regarding hearings conducted under that division, and, in	6649
making a determination under this division as to whether the	6650
offender is a child-victim predator, the court shall consider all	6651
relevant factors, including, but not limited to, all of the	6652
factors specified in divisions (B)(2) and (3) of this section.	6653
After reviewing all testimony and evidence presented at the	6654
child-victim predator hearing and the factors specified in	6655
divisions (B)(2) and (3) of this section, the court shall	6656
determine by clear and convincing evidence whether the offender is	6657
a child-victim predator. If the court determines at the	6658
child-victim predator hearing that the offender is not a	6659
child-victim predator, it also shall determine whether the	6660
offender previously has been convicted of or pleaded guilty to a	6661
child-victim oriented offense other than the offense in relation	6662
to which the hearing is being conducted.	6663

Upon making its determinations at the child-victim predator	6664
hearing, the court shall proceed as follows:	6665

(i) If the court determines that the offender is not a	6666
child-victim predator and that the offender previously has not	6667
been convicted of or pleaded guilty to a child-victim oriented	6668
offense other than the offense in relation to which the hearing is	6669
being conducted, it shall include in the offender's institutional	6670
record its determinations and the reason or reasons why it	6671
determined that the offender is not a child-victim predator.	6672

(ii) If the court determines that the offender is not a	6673
child-victim predator but that the offender previously has been	6674
convicted of or pleaded guilty to a child-victim oriented offense	6675
other than the offense in relation to which the hearing is being	6676
conducted, it shall include in the offender's institutional record	6677
its determination that the offender is not a child-victim predator	6678
but is a habitual child-victim offender and the reason or reasons	6679
why it determined that the offender is not a child-victim	6680
predator, shall attach the determinations and the reason or	6681
reasons to the offender's sentence, shall specify that the	6682
determinations were made pursuant to division (C) of this section,	6683
shall provide a copy of the determinations and the reason or	6684
reasons to the offender, to the prosecuting attorney, and to the	6685
department of rehabilitation and correction, and may impose a	6686
requirement that the offender be subject to the community	6687
notification provisions contained in sections 2950.10 and 2950.11	6688
of the Revised Code. The offender shall not be subject to those	6689
community notification provisions relative to the child-victim	6690
oriented offense in question if the court does not so impose the	6691
requirement described in this division. If the court imposes that	6692
requirement, the offender may appeal the judge's determination	6693
that the offender is a habitual child-victim offender.	6694

(iii) If the court determines by clear and convincing	6695
evidence that the offender is a child-victim predator, it shall	6696
enter its determination in the offender's institutional record,	6697
shall attach the determination to the offender's sentence, shall	6698
specify that the determination was made pursuant to division (C)	6699
of this section, and shall provide a copy of the determination to	6700
the offender, to the prosecuting attorney, and to the department	6701
of rehabilitation and correction. The offender and the prosecutor	6702
may appeal as a matter of right the judge's determination under	6703
this division as to whether the offender is, or is not, a	6704
child-victim predator.	6705

If the hearing is scheduled under division (C)(2)(b) of this	6706
section to determine whether the offender previously has been	6707
convicted of or pleaded guilty to a child-victim oriented offense	6708
or whether to subject the offender to the community notification	6709
provisions contained in sections 2950.10 and 2950.11 of the	6710
Revised Code, upon making the determination, the court shall	6711
attach the determination or determinations to the offender's	6712
sentence, shall provide a copy to the offender, to the prosecuting	6713
attorney, and to the department of rehabilitation and correction	6714
and may impose a requirement that the offender be subject to the	6715
community notification provisions. The offender shall not be	6716
subject to the community notification provisions relative to the	6717
child-victim oriented offense in question if the court does not so	6718
impose the requirement described in this division. If the court	6719
imposes that requirement, the offender may appeal the judge's	6720
determination that the offender is a habitual child-victim	6721
offender.	6722

(3) Divisions (C)(1) and (2) of this section do not require a	6723
court to conduct a new hearing under those divisions for any	6724
offender regarding a child-victim oriented offense if, prior to	6725
the effective date of this section, the court previously conducted	6726
a hearing under divisions (C)(1) and (2) of section 2950.09 of the	6727
Revised Code regarding that offense, while it formerly was	6728
classified a sexually oriented offense, to determine whether the	6729
offender was a sexual predator. Divisions (C)(1) and (2) of this	6730
section do not require a court to conduct a hearing under those	6731
divisions for any offender regarding a child-victim oriented	6732
offense if, prior to the effective date of this section and	6733
pursuant to divisions (C)(1) and (2) of section 2950.09 of the	6734
Revised Code, the department of rehabilitation and correction	6735
recommended that the offender be adjudicated a sexual predator	6736
regarding that offense, while it formerly was classified a	6737
sexually oriented offense, and the court denied the recommendation	6738
and determined that the offender was not a sexual predator without	6739
a hearing, provided that this provision does not apply if the	6740
child-victim oriented offense in question was an offense described	6741
in division (D)(1)(c) of section 2950.01 of the Revised Code.	6742

(D)(1) Division (D) of this section does not apply to any	6743
person who has been convicted of or pleaded guilty to a	6744
child-victim oriented offense. Division (D) of this section	6745
applies only to delinquent children as provided in Chapter 2152.	6746
of the Revised Code. A person who has been adjudicated a	6747
delinquent child for committing a child-victim oriented offense	6748
and who has been classified by a juvenile court judge a juvenile	6749
offender registrant or, if applicable, additionally has been	6750
determined by a juvenile court judge to be a child-victim predator	6751
or habitual child-victim offender, may petition the adjudicating	6752
court for a reclassification or declassification pursuant to	6753
section 2152.85 of the Revised Code.	6754

A judge who is reviewing a child-victim predator	6755
determination for a delinquent child under section 2152.84 or	6756
2152.85 of the Revised Code shall comply with this section. At the	6757
hearing, the judge shall consider all relevant evidence and	6758
information, including, but not limited to, the factors set forth	6759
in division (B)(3) of this section. The judge shall not enter a	6760
determination that the delinquent child no longer is a	6761
child-victim predator unless the judge determines by clear and	6762
convincing evidence that the delinquent child is unlikely to	6763
commit a child-victim oriented offense in the future. If the judge	6764
enters a determination under this division that the delinquent	6765
child no longer is a child-victim predator, the judge shall notify	6766
the bureau of criminal identification and investigation of the	6767
determination and shall include in the notice a statement of the	6768
reason or reasons why it determined that the delinquent child no	6769
longer is a child-victim predator. Upon receipt of the	6770
notification, the bureau promptly shall notify the sheriff with	6771
whom the delinquent child most recently registered under section	6772
2950.04 or 2950.05 of the Revised Code of the determination that	6773
the offender no longer is a child-victim predator.	6774

(2) If an offender who has been convicted of or pleaded	6775
guilty to a child-victim oriented offense is classified a	6776
child-victim predator pursuant to division (A) of this section or	6777
has been adjudicated a child-victim predator relative to the	6778
offense as described in division (B) or (C) of this section,	6779
subject to division (F) of this section, the classification or	6780
adjudication of the offender as a child-victim predator is	6781
permanent and continues in effect until the offender's death, and	6782
in no case shall the classification or adjudication be removed or	6783
terminated.	6784

(E)(1) If, prior to the effective date of this section, a	6785
person was convicted of, pleaded guilty to, or adjudicated a	6786
delinquent child for committing a sexually oriented offense, if,	6787
on and after the effective date of this section, the sexually	6788
oriented offense no longer is considered a sexually oriented	6789
offense but instead is a child-victim oriented offense, if, prior	6790
to the effective date of this section, a judge determined that the	6791
offender or delinquent child was a habitual sex offender, and if	6792
one or more of the offenses that was the basis of the offender or	6793
delinquent child being a habitual sex offender remains on and	6794
after the effective date of this section a sexually oriented	6795
offense, notwithstanding the redesignation of the offense as	6796
described in this division, the determination and classification	6797
of that person as a habitual sex offender remains valid and in	6798
effect on and after the effective date of this section.	6799

(2) If, prior to the effective date of this section, a person	6800
was convicted of, pleaded guilty to, or adjudicated a delinquent	6801
child for committing a sexually oriented offense, if, on and after	6802
the effective date of this section, the sexually oriented offense	6803
no longer is considered a sexually oriented offense but instead is	6804
a child-victim oriented offense, if, prior to the effective date	6805
of this section, a judge determined that the offender or	6806
delinquent child was a habitual sex offender, and if none of the	6807
offenses that was the basis of the offender or delinquent child	6808
being a habitual sex offender remains on and after the effective	6809
date of this section a sexually oriented offense, on and after the	6810
effective date of this section, the offender or delinquent child	6811
automatically is classified a habitual child-victim offender.	6812

(3) If a person is convicted of or pleads guilty to	6813
committing a child-victim oriented offense and is to be sentenced	6814
for the offense on or after the effective date of this section,	6815
the judge who is to impose sentence on the offender shall	6816
determine, prior to sentencing, whether the offender previously	6817
has been convicted of or pleaded guilty to, or adjudicated a	6818
delinquent child for committing, a child-victim oriented offense	6819
and is a habitual child-victim offender. The judge who is to	6820
impose or has imposed an order of disposition on or after the	6821
effective date of this section upon a child who is adjudicated a	6822
delinquent child for committing a child-victim oriented offense	6823
shall determine, prior to entering the order classifying the	6824
delinquent child a juvenile child-victim offender registrant,	6825
whether the delinquent child previously has been convicted of or	6826
pleaded guilty to, or adjudicated a delinquent child for	6827
committing, a child-victim oriented offense and is a habitual	6828
child-victim offender, if either of the following applies:	6829

(a) The judge is required by section 2152.82 or division (A)	6830
of section 2152.83 of the Revised Code to classify the child a	6831
juvenile offender registrant.	6832

(b) Division (B) of section 2152.83 of the Revised Code	6833
applies regarding the child, the judge conducts a hearing under	6834
that division for the purposes described in that division, and the	6835
judge determines at that hearing that the child will be classified	6836
a juvenile offender registrant.	6837

(4) If, under division (E)(3) of this section, the judge	6838
determines that the offender or delinquent child previously has	6839
not been convicted of or pleaded guilty to, or been adjudicated a	6840
delinquent child for committing, a child-victim oriented offense	6841
or that the offender otherwise does not satisfy the criteria for	6842
being a habitual child-victim offender, the judge shall specify in	6843
the offender's sentence or in the order classifying the delinquent	6844
child a juvenile child-victim offender registrant that the judge	6845
has determined that the offender or delinquent child is not a	6846
habitual child-victim offender. If the judge determines that the	6847
offender or delinquent child previously has been convicted of or	6848
pleaded guilty to, or been adjudicated a delinquent child for	6849
committing, a child-victim oriented offense and that the offender	6850
satisfies all other criteria for being a habitual child-victim	6851
offender, the judge shall specify in the offender's sentence and	6852
the judgment of conviction that contains the sentence or in the	6853
order classifying the delinquent child a juvenile offender	6854
registrant that the judge has determined that the offender or	6855
delinquent child is a habitual child-victim offender and may	6856
impose a requirement in that sentence and judgment of conviction	6857
or in that order that the offender or delinquent child be subject	6858
to the community notification provisions contained in sections	6859
2950.10 and 2950.11 of the Revised Code. Unless the habitual	6860
child-victim offender also has been adjudicated a child-victim	6861
predator relative to the child-victim oriented offense in	6862
question, the offender or delinquent child shall be subject to	6863
those community notification provisions only if the court imposes	6864
the requirement described in this division in the offender's	6865
sentence and the judgment of conviction or in the order	6866
classifying the delinquent child a juvenile offender registrant.	6867
If the court determines pursuant to this division or division	6868
(C)(2) of this section that an offender is a habitual child-victim	6869
offender, the determination is permanent and continues in effect	6870
until the offender's death, and in no case shall the determination	6871
be removed or terminated.	6872

If a court in another state, a federal court, military court,	6873
or Indian tribal court, or a court in any nation other than the	6874
United States, determines a person is a habitual child-victim	6875
offender in that jurisdiction, the person is considered to be	6876
determined a habitual child-victim offender in this state. If the	6877
court in the other state, the federal court, military court, or	6878
Indian tribal court, or the court in any nation other than the	6879
United States subjects the habitual child-victim offender to	6880
community notification regarding the person's place of residence,	6881
the person, as much as is practicable, is subject to the community	6882
notification provisions regarding the person's place of residence	6883
that are contained in sections 2950.10 and 2950.11 of the Revised	6884
Code, unless the court that so subjected the person to community	6885
notification determines that the person no longer is subject to	6886
community notification.	6887

(F)(1) An offender or delinquent child classified a	6888
child-victim predator may petition the court of common pleas or,	6889
for a delinquent child, the juvenile court of the county in which	6890
the offender or delinquent child resides or temporarily is	6891
domiciled to enter a determination that the offender or delinquent	6892
child is not an adjudicated child-victim predator in this state	6893
for purposes of the registration and other requirements of this	6894
chapter or the community notification provisions contained in	6895
sections 2950.10 and 2950.11 of the Revised Code if all of the	6896
following apply:	6897

(a) The offender or delinquent child was convicted, pleaded	6898
guilty, or adjudicated a delinquent child in a court of another	6899
state, in a federal court, a military court, or Indian tribal	6900
court, or in a court of any nation other than the United States	6901
for committing a child-victim oriented offense.	6902

(b) As a result of the conviction, plea of guilty, or	6903
adjudication described in division (F)(1)(a) of this section, the	6904
offender or delinquent child is required under the law of the	6905
jurisdiction under which the offender or delinquent child was	6906
convicted, pleaded guilty, or was adjudicated to register as a	6907
child-victim offender until the offender's or delinquent child's	6908
death.	6909

(c) The offender or delinquent child was automatically	6910
classified a child-victim predator under division (A) of this	6911
section in relation to the conviction, guilty plea, or	6912
adjudication described in division (F)(1)(a) of this section.	6913

(2) The court may enter a determination that the offender or	6914
delinquent child filing the petition described in division (F)(1)	6915
of this section is not an adjudicated child-victim predator in	6916
this state for purposes of the registration and other requirements	6917
of this chapter or the community notification provisions contained	6918
in sections 2950.10 and 2950.11 of the Revised Code only if the	6919
offender or delinquent child proves by clear and convincing	6920
evidence that the requirement of the other jurisdiction that the	6921
offender or delinquent child register as a child-victim offender	6922
until the offender's or delinquent child's death is not	6923
substantially similar to a classification as a child-victim	6924
predator for purposes of this chapter. If the court enters a	6925
determination that the offender or delinquent child is not an	6926
adjudicated child-victim predator in this state for those	6927
purposes, the court shall include in the determination a statement	6928
of the reason or reasons why it so determined.	6929

Sec. 2950.10.  (A)(1) If a person is convicted of or pleads	6930
guilty to, or has been convicted of or pleaded guilty to, either a	6931
sexually oriented offense that is not a registration-exempt	6932
sexually oriented offense or a child-victim oriented offense or a	6933
person is adjudicated a delinquent child for committing either a	6934
sexually oriented offense that is not a registration-exempt	6935
sexually oriented offense or a child-victim oriented offense and	6936
is classified a juvenile sex offender registrant or is an	6937
out-of-state juvenile sex offender registrant based on that	6938
adjudication, if the offender or delinquent child is in any	6939
category specified in division (B)(1)(a), (b), or (c) of this	6940
section, if the offender or delinquent child registers with a	6941
sheriff pursuant to section 2950.04, 2950.041, or 2950.05 of the	6942
Revised Code, and if the victim of the sexually oriented offense	6943
or child-victim oriented offense has made a request in accordance	6944
with rules adopted by the attorney general that specifies that the	6945
victim would like to be provided the notices described in this	6946
section, the sheriff shall notify the victim of the sexually	6947
oriented offense or child-victim oriented offense, in writing,	6948
that the offender or delinquent child has registered and shall	6949
include in the notice the offender's or delinquent child's name	6950
and residencethe address or addresses of the offender's	6951
residence, school, institution of higher education, or place of	6952
employment, as applicable, or the delinquent child's name and	6953
residence address or addresses. The sheriff shall provide the	6954
notice required by this division to the victim at the most recent	6955
residence address available for that victim, not later than	6956
seventy-two hoursfive days after the offender or delinquent child	6957
registers with the sheriff.	6958

(2) If a person is convicted of or pleads guilty to, or has	6959
been convicted of or pleaded guilty to, either a sexually oriented	6960
offense that is not a registration-exempt sexually oriented	6961
offense or a child-victim oriented offense or a person is	6962
adjudicated a delinquent child for committing either a sexually	6963
oriented offense that is not a registration-exempt sexually	6964
oriented offense or a child-victim oriented offense and is	6965
classified a juvenile sex offender registrant or is an	6966
out-of-state juvenile sex offender registrant based on that	6967
adjudication, if the offender or delinquent child is in any	6968
category specified in division (B)(1)(a), (b), or (c) of this	6969
section, if the offender or delinquent child registers with a	6970
sheriff pursuant to section 2950.04, 2950.041, or 2950.05 of the	6971
Revised Code, if the victim of the sexually oriented offense or	6972
child-victim oriented offense has made a request in accordance	6973
with rules adopted by the attorney general that specifies that the	6974
victim would like to be provided the notices described in this	6975
section, and if the offender or delinquent child notifies the	6976
sheriff of a change of residence, school, institution of higher	6977
education, or place of employment address or the delinquent child	6978
notifies the sheriff of a change of residence address pursuant to	6979
section 2950.05 of the Revised Code, the sheriff shall notify the	6980
victim of the sexually oriented offense or child-victim oriented	6981
offense, in writing, that the offender's or delinquent child's	6982
residence address has changed and shall include in the notice the	6983
offender's or delinquent child's name and the new residence	6984
address or addresses of the offender's residence, school,	6985
institution of higher education, or place of employment, as	6986
applicable, or the delinquent child's name and new residence	6987
address or addresses. The sheriff shall provide the notice	6988
required by this division to the victim at the most recent	6989
residence address available for that victim, no later than	6990
seventy-two hoursfive days after the offender or delinquent child	6991
notifies the sheriff of the change in the offender's or delinquent	6992
child's residence, school, institution of higher education, or	6993
place of employment address.	6994

(3) If a person is convicted of or pleads guilty to, or has	6995
been convicted of or pleaded guilty to, either a sexually oriented	6996
offense that is not a registration-exempt sexually oriented	6997
offense or a child-victim oriented offense or a person is	6998
adjudicated a delinquent child for committing either a sexually	6999
oriented offense that is not a registration-exempt sexually	7000
oriented offense or a child-victim oriented offense and is	7001
classified a juvenile sex offender registrant or is an	7002
out-of-state juvenile sex offender registrant based on that	7003
adjudication, and if the offender or delinquent child is	7004
adjudicated as being a sexual predator relative to the sexually	7005
oriented offense or the offender or delinquent child is determined	7006
pursuant to division (E) of section 2950.09, division (B) of	7007
section 2152.83, section 2152.84, or section 2152.85 of the	7008
Revised Code to be a habitual sex offender and is made subject to	7009
in any category specified in division (B)(1)(a), (b), or (c) of	7010
this section, the victim of the offense may make a request in	7011
accordance with rules adopted by the attorney general pursuant to	7012
section 2950.13 of the Revised Code that specifies that the victim	7013
would like to be provided the notices described in divisions	7014
(A)(1) and (2) of this section. If the victim makes a request in	7015
accordance with those rules, the sheriff described in divisions	7016
(A)(1) and (2) of this section shall provide the victim with the	7017
notices described in those divisions.	7018

(4) If a victim makes a request as described in division	7019
(A)(3) of this section that specifies that the victim would like	7020
to be provided the notices described in divisions (A)(1) and (2)	7021
of this section, all information a sheriff obtains regarding the	7022
victim from or as a result of the request is confidential, and the	7023
information is not a public record open for inspection under	7024
section 149.43 of the Revised Code.	7025

(5) The notices described in divisions (A)(1) and (2) of this	7026
section are in addition to any notices regarding the offender or	7027
delinquent child that the victim is entitled to receive under	7028
Chapter 2930. of the Revised Code.	7029

(B)(1) The duties to provide the notices described in	7030
divisions (A)(1) and (2) of this section apply regarding any	7031
offender or delinquent child who is in any of the following	7032
categories, if the other criteria set forth in division (A)(1) or	7033
(2) of this section, whichever is applicable, are satisfied:	7034

(a) The offender or delinquent child has been adjudicated a	7035
sexual predator relative to the sexually oriented offense for	7036
which the offender or delinquent child has the duty to register	7037
under section 2950.04 of the Revised Code or has been adjudicated	7038
a child-victim predator relative to the child-victim oriented	7039
offense for which the offender or child has the duty to register	7040
under section 2950.041 of the Revised Code, and the court has not	7041
subsequently determined pursuant to division (D) of section	7042
2950.09, section 2152.84, or section 2152.85 of the Revised Code	7043
regarding a delinquent child that the offender or delinquent child	7044
no longer is a sexual predator or no longer is a child-victim	7045
predator, whichever is applicable.	7046

(b) The offender or delinquent child has been determined	7047
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	7048
division (B) of section 2152.83, section 2152.84, or section	7049
2152.85 of the Revised Code to be a habitual sex offender or a	7050
habitual child-victim offender, the court has imposed a	7051
requirement under that division or section subjecting the habitual	7052
sex offender or habitual child-victim offender to this section,	7053
and the determination has not been removed pursuant to section	7054
2152.84 or 2152.85 of the Revised Code regarding a delinquent	7055
child.	7056

(c) The sexually oriented offense for which the offender has	7057
the duty to register under section 2950.04 of the Revised Code is	7058
an aggravated sexually oriented offense committed on or after the	7059
effective date of this amendment, regardless of whether the	7060
offender has been adjudicated a sexual predator relative to the	7061
offense or has been determined to be a habitual sex offender and,	7062
if the offender has been so adjudicated or determined to be a	7063
habitual sex offender, regardless of whether the court has	7064
subsequently determined that the offender no longer is a sexual	7065
predator or whether the habitual sex offender determination has	7066
not been removed as described in division (A)(1)(a) or (b) of this	7067
section.	7068

(2) A victim of a sexually oriented offense that is not a	7069
registration-exempt sexually oriented offense or of a child-victim	7070
oriented offense is not entitled to be provided any notice	7071
described in division (A)(1) or (2) of this section unless the	7072
offender or delinquent child is in a category specified in	7073
division (B)(1)(a), (b), or (c) of this section. A victim of a	7074
sexually oriented offense that is not a registration-exempt	7075
sexually oriented offense or of a child-victim oriented offense is	7076
not entitled to any notice described in division (A)(1) or (2) of	7077
this section unless the victim makes a request in accordance with	7078
rules adopted by the attorney general pursuant to section 2950.13	7079
of the Revised Code that specifies that the victim would like to	7080
be provided the notices described in divisions (A)(1) and (2) of	7081
this section. This division does not affect any rights of a victim	7082
of a sexually oriented offense or child-victim oriented offense to	7083
be provided notice regarding an offender or delinquent child that	7084
are described in Chapter 2930. of the Revised Code.	7085

Sec. 2950.11.  (A) As used in this section, "specified	7086
geographical notification area" means the geographic area or areas	7087
within which the attorney general, by rule adopted under section	7088
2950.13 of the Revised Code, requires the notice described in	7089
division (B) of this section to be given to the persons identified	7090
in divisions (A)(2) to (8) of this section. If a person is	7091
convicted of or pleads guilty to, or has been convicted of or	7092
pleaded guilty to, either a sexually oriented offense that is not	7093
a registration-exempt sexually oriented offense or a child-victim	7094
oriented offense, or a person is adjudicated a delinquent child	7095
for committing either a sexually oriented offense that is not a	7096
registration-exempt sexually oriented offense or a child-victim	7097
oriented offense and is classified a juvenile sex offender	7098
registrant or is an out-of-state juvenile sex offender registrant	7099
based on that adjudication, and if the offender or delinquent	7100
child is in any category specified in division (F)(1)(a), (b), or	7101
(c) of this section, the sheriff with whom the offender or	7102
delinquent child has most recently registered under section	7103
2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff	7104
to whom the offender or delinquent child most recently sent a	7105
notice of intent to reside under section 2950.04 or 2950.041 of	7106
the Revised Code, within the period of time specified in division	7107
(C) of this section, shall provide a written notice containing the	7108
information set forth in division (B) of this section to all of	7109
the following persons described in divisions (A)(1) to (9) of this	7110
section. If the sheriff has sent a notice to the persons described	7111
in those divisions as a result of receiving a notice of intent to	7112
reside and if the offender or delinquent child registers a	7113
residence address that is the same residence address described in	7114
the notice of intent to reside, the sheriff is not required to	7115
send an additional notice when the offender or delinquent child	7116
registers. The sheriff shall provide the notice to all of the	7117
following persons:	7118

(1) All occupants of residences(a) Any occupant of each	7119
residential unit that is located within one thousand feet of the	7120
offender's or delinquent child's place of residenceresidential	7121
premises, that areis located within the county served by the	7122
sheriff, and allthat is not located in a multi-unit building.	7123
Division (D)(3) of this section applies regarding notices required	7124
under this division.	7125

(b) If the offender or delinquent child resides in a	7126
multi-unit building, any occupant of each residential unit that is	7127
located in that multi-unit building and that shares a common	7128
hallway with the offender or delinquent child. For purposes of	7129
this division, an occupant's unit shares a common hallway with the	7130
offender or delinquent child if the entrance door into the	7131
occupant's unit is located on the same floor and opens into the	7132
same hallway as the entrance door to the unit the offender or	7133
delinquent child occupies. Division (D)(3) of this section applies	7134
regarding notices required under this division.	7135

(c) The building manager, or the person the building owner or	7136
condominium unit owners association authorizes to exercise	7137
management and control, of each multi-unit building that is	7138
located within one thousand feet of the offender's or delinquent	7139
child's residential premises, including a multi-unit building in	7140
which the offender or delinquent child resides, and that is	7141
located within the county served by the sheriff. In addition to	7142
notifying the building manager or the person authorized to	7143
exercise management and control in the multi-unit building under	7144
this division, the sheriff shall post a copy of the notice	7145
prominently in each common entryway in the building and any other	7146
location in the building the sheriff determines appropriate. The	7147
manager or person exercising management and control of the	7148
building shall permit the sheriff to post copies of the notice	7149
under this division as the sheriff determines appropriate. In lieu	7150
of posting copies of the notice as described in this division, a	7151
sheriff may provide notice to all occupants of the multi-unit	7152
building by mail or personal contact; if the sheriff so notifies	7153
all the occupants, the sheriff is not required to post copies of	7154
the notice in the common entryways to the building. Division	7155
(D)(3) of this section applies regarding notices required under	7156
this division.	7157

(d) All additional neighbors of the offender or delinquent	7158
childpersons who are within any category of neighbors of the	7159
offender or delinquent child that the attorney general by rule	7160
adopted under section 2950.13 of the Revised Code requires to be	7161
provided the notice and who reside within the county served by the	7162
sheriff;	7163

(2) The executive director of the public children services	7164
agency that has jurisdiction within the specified geographical	7165
notification area and that is located within the county served by	7166
the sheriff;	7167

(3)(a) The superintendent of each board of education of a	7168
school district that has schools within the specified geographical	7169
notification area and that is located within the county served by	7170
the sheriff;	7171

(b) The principal of the school within the specified	7172
geographical notification area and within the county served by the	7173
sheriff that the delinquent child attends;	7174

(c) If the delinquent child attends a school outside of the	7175
specified geographical notification area or outside of the school	7176
district where the delinquent child resides, the superintendent of	7177
the board of education of a school district that governs the	7178
school that the delinquent child attends and the principal of the	7179
school that the delinquent child attends.	7180

(4)(a) The appointing or hiring officer of each chartered	7181
nonpublic school located within the specified geographical	7182
notification area and within the county served by the sheriff or	7183
of each other school located within the specified geographical	7184
notification area and within the county served by the sheriff and	7185
that is not operated by a board of education described in division	7186
(A)(3) of this section;	7187

(b) Regardless of the location of the school, the appointing	7188
or hiring officer of a chartered nonpublic school that the	7189
delinquent child attends.	7190

(5) The director, head teacher, elementary principal, or site	7191
administrator of each preschool program governed by Chapter 3301.	7192
of the Revised Code that is located within the specified	7193
geographical notification area and within the county served by the	7194
sheriff;	7195

(6) The administrator of each child day-care center or type A	7196
family day-care home that is located within the specified	7197
geographical notification area and within the county served by the	7198
sheriff, and the provider of each certified type B family day-care	7199
home that is located within the specified geographical	7200
notification area and within the county served by the sheriff. As	7201
used in this division, "child day-care center," "type A family	7202
day-care home," and "certified type B family day-care home" have	7203
the same meanings as in section 5104.01 of the Revised Code.	7204

(7) The president or other chief administrative officer of	7205
each institution of higher education, as defined in section	7206
2907.03 of the Revised Code, that is located within the specified	7207
geographical notification area and within the county served by the	7208
sheriff, and the chief law enforcement officer of the state	7209
university law enforcement agency or campus police department	7210
established under section 3345.04 or 1713.50 of the Revised Code,	7211
if any, that serves that institution;	7212

(8) The sheriff of each county that includes any portion of	7213
the specified geographical notification area;	7214

(9) If the offender or delinquent child resides within the	7215
county served by the sheriff, the chief of police, marshal, or	7216
other chief law enforcement officer of the municipal corporation	7217
in which the offender or delinquent child resides or, if the	7218
offender or delinquent child resides in an unincorporated area,	7219
the constable or chief of the police department or police district	7220
police force of the township in which the offender or delinquent	7221
child resides.	7222

(B) The notice required under division (A) of this section	7223
shall include all of the following information regarding the	7224
subject offender or delinquent child:	7225

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

7226

(2) The address or addresses at which the offender or	7227
delinquent child residesof the offender's residence, school,	7228
institution of higher education, or place of employment, as	7229
applicable, or the delinquent child's residence address or	7230
addresses;	7231

(3) The sexually oriented offense or child-victim oriented	7232
offense of which the offender was convicted, to which the offender	7233
pleaded guilty, or for which the child was adjudicated a	7234
delinquent child;	7235

(4) All of the following statements that are applicable:

7236

(a) A statement that the offender or delinquent child has	7237
been adjudicated as being a sexual predator, a statement that the	7238
offender has been convicted of or pleaded guilty to an aggravated	7239
sexually oriented offense, a statement that the delinquent child	7240
has been adjudicated a sexual predator and that, as of the date of	7241
the notice, the court has not entered a determination that the	7242
offender or delinquent child no longer is a sexual predator, or a	7243
statement that the sentencing or reviewing judge has determined	7244
that the offender or delinquent child is a habitual sex offender	7245
and that, as of the date of the notice, the determination	7246
regarding a delinquent child has not been removed pursuant to	7247
section 2152.84 or 2152.85 of the Revised Code;	7248

(b) A statement that the offender has been adjudicated a	7249
child-victim predator, a statement that the delinquent child has	7250
been adjudicated a child-victim predator and that, as of the date	7251
of the notice, the court has not entered a determination that the	7252
delinquent child no longer is a child-victim predator, or a	7253
statement that the sentencing or reviewing judge has determined	7254
that the offender or delinquent child is a habitual child-victim	7255
offender and that, as of the date of the notice, the determination	7256
regarding a delinquent child has not been removed pursuant to	7257
section 2152.84 or 2152.85 of the Revised Code.	7258

(C) If a sheriff with whom an offender or delinquent child	7259
registers under section 2950.04, 2950.041, or 2950.05 of the	7260
Revised Code or to whom the offender or delinquent child most	7261
recently sent a notice of intent to reside under section 2950.04	7262
or 2950.041 of the Revised Code is required by division (A) of	7263
this section to provide notices regarding an offender or	7264
delinquent child and if, pursuant to that requirement, the sheriff	7265
provides a notice to a sheriff of one or more other counties in	7266
accordance with division (A)(8) of this section, the sheriff of	7267
each of the other counties who is provided notice under division	7268
(A)(8) of this section shall provide the notices described in	7269
divisions (A)(1) to (7) and (A)(9) of this section to each person	7270
or entity identified within those divisions that is located within	7271
the geographical notification area and within the county served by	7272
the sheriff in question.	7273

(D)(1) A sheriff required by division (A) or (C) of this	7274
section to provide notices regarding an offender or delinquent	7275
child shall provide the notice to the neighbors that are described	7276
in division (A)(1) of this section and the notices to law	7277
enforcement personnel that are described in divisions (A)(8) and	7278
(9) of this section as soon as practicable, but no later than	7279
seventy-two hoursfive days after the offender sends the notice of	7280
intent to reside to the sheriff and again no later than	7281
seventy-two hoursfive days after the offender or delinquent child	7282
registers with the sheriff or, if the sheriff is required by	7283
division (C) to provide the notices, no later than seventy-two	7284
hoursfive days after the sheriff is provided the notice described	7285
in division (A)(8) of this section.	7286

A sheriff required by division (A) or (C) of this section to	7287
provide notices regarding an offender or delinquent child shall	7288
provide the notices to all other specified persons that are	7289
described in divisions (A)(2) to (7) of this section as soon as	7290
practicable, but not later than seven days after the offender or	7291
delinquent child registers with the sheriff or, if the sheriff is	7292
required by division (C) to provide the notices, no later than	7293
seventy-two hoursfive days after the sheriff is provided the	7294
notice described in division (A)(8) of this section.	7295

(2) If an offender or delinquent child in relation to whom	7296
division (A) of this section applies verifies the offender's or	7297
delinquent child's current residence, school, institution of	7298
higher education, or place of employment address, as applicable,	7299
with a sheriff pursuant to section 2950.06 of the Revised Code,	7300
the sheriff may provide a written notice containing the	7301
information set forth in division (B) of this section to the	7302
persons identified in divisions (A)(1) to (9) of this section. If	7303
a sheriff provides a notice pursuant to this division to the	7304
sheriff of one or more other counties in accordance with division	7305
(A)(8) of this section, the sheriff of each of the other counties	7306
who is provided the notice under division (A)(8) of this section	7307
may provide, but is not required to provide, a written notice	7308
containing the information set forth in division (B) of this	7309
section to the persons identified in divisions (A)(1) to (7) and	7310
(A)(9) of this section.	7311

(3) A sheriff may provide notice under division (A)(1)(a) or	7312
(b) of this section, and may provide notice under division	7313
(A)(1)(c) of this section to a building manager or person	7314
authorized to exercise management and control of a building, by	7315
mail, by personal contact, or by leaving the notice at or under	7316
the entry door to a residential unit. For purposes of divisions	7317
(A)(1)(a) and (b) of this section, and the portion of division	7318
(A)(1)(c) of this section relating to the provision of notice to	7319
occupants of a multi-unit building by mail or personal contact,	7320
the provision of one written notice per unit is deemed as	7321
providing notice to all occupants of that unit.	7322

(E) All information that a sheriff possesses regarding a	7323
sexual predator or, a habitual sex offender, a child-victim	7324
predator, or a habitual child-victim offender that is described in	7325
division (B) of this section and that must be provided in a notice	7326
required under division (A) or (C) of this section or that may be	7327
provided in a notice authorized under division (D)(2) of this	7328
section is a public record that is open to inspection under	7329
section 149.43 of the Revised Code.	7330

If the sexual predator or habitual sex offender is a juvenile	7331
sex offender registrant, theThe sheriff shall not cause any of	7332
the information described in this division to be publicly	7333
disseminated by means of the internet any of the information	7334
described in this division that is provided by a sexual predator,	7335
habitual sex offender, child-victim predator, or habitual	7336
child-victim offender who is a juvenile offender registrant,	7337
except when the act that is the basis of athe child's	7338
classification as a juvenile sex offender registrant is a	7339
violation of, or an attempt to commit a violation of, section	7340
2903.01, 2903.02, or 2905.01 of the Revised Code that was	7341
committed with a purpose to gratify the sexual needs or desires of	7342
the child, a violation of section 2907.02 of the Revised Code, or	7343
an attempt to commit a violation of that section.	7344

(F)(1) The duties to provide the notices described in	7345
divisions (A) and (C) of this section apply regarding any offender	7346
or delinquent child who is in any of the following categories, if	7347
the other criteria set forth in division (A) or (C) of this	7348
section, whichever is applicable, are satisfied:	7349

(a) The offender or delinquent child has been adjudicated a	7350
sexual predator relative to the sexually oriented offense for	7351
which the offender or delinquent child has the duty to register	7352
under section 2950.04 of the Revised Code or has been adjudicated	7353
a child-victim predator relative to the child-victim oriented	7354
offense for which the offender or child has the duty to register	7355
under section 2950.041 of the Revised Code, and the court has not	7356
subsequently determined pursuant to division (D) of section	7357
2950.09, section 2152.84, or section 2152.85 of the Revised Code	7358
regarding a delinquent child that the offender or delinquent child	7359
no longer is a sexual predator or no longer is a child-victim	7360
predator, whichever is applicable.	7361

(b) The offender or delinquent child has been determined	7362
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	7363
division (B) of section 2152.83, section 2152.84, or section	7364
2152.85 of the Revised Code to be a habitual sex offender or a	7365
habitual child-victim offender, the court has imposed a	7366
requirement under that division or section subjecting the habitual	7367
sex offender or habitual child-victim offender to this section,	7368
and the determination has not been removed pursuant to section	7369
2152.84 or 2152.85 of the Revised Code regarding a delinquent	7370
child.	7371

(c) The sexually oriented offense for which the offender has	7372
the duty to register under section 2950.04 of the Revised Code is	7373
an aggravated sexually oriented offense committed on or after the	7374
effective date of this amendment, regardless of whether the	7375
offender has been adjudicated a sexual predator relative to the	7376
offense or has been determined to be a habitual sex offender and,	7377
if the offender has been so adjudicated or determined, regardless	7378
of whether the court has subsequently determined that the offender	7379
no longer is a sexual predator or whether the habitual sex	7380
offender determination has not been removed as described in	7381
division (F)(1)(a) or (b) of this section.	7382

(2) The notification provisions of this section do not apply	7383
regarding a person who is convicted of or pleads guilty to, has	7384
been convicted of or pleaded guilty to, or is adjudicated a	7385
delinquent child for committing, a sexually oriented offense or a	7386
child-victim oriented offense, who is not in the category	7387
specified in either division (F)(1)(a) or (c) of this section, and	7388
who is determined pursuant to division (C)(2) or (E) of section	7389
2950.09 or 2950.091, division (B) of section 2152.83, section	7390
2152.84, or section 2152.85 of the Revised Code to be a habitual	7391
sex offender or habitual child-victim offender unless the	7392
sentencing or reviewing court imposes a requirement in the	7393
offender's sentence and in the judgment of conviction that	7394
contains the sentence or in the delinquent child's adjudication,	7395
or imposes a requirement as described in division (C)(2) of	7396
section 2950.09 or 2950.091 of the Revised Code, that subjects the	7397
offender or the delinquent child to the provisions of this	7398
section.	7399

(G) The department of job and family services shall compile,	7400
maintain, and update in January and July of each year, a list of	7401
all agencies, centers, or homes of a type described in division	7402
(A)(2) or (6) of this section that contains the name of each	7403
agency, center, or home of that type, the county in which it is	7404
located, its address and telephone number, and the name of an	7405
administrative officer or employee of the agency, center, or home.	7406
The department of education shall compile, maintain, and update in	7407
January and July of each year, a list of all boards of education,	7408
schools, or programs of a type described in division (A)(3), (4),	7409
or (5) of this section that contains the name of each board of	7410
education, school, or program of that type, the county in which it	7411
is located, its address and telephone number, the name of the	7412
superintendent of the board or of an administrative officer or	7413
employee of the school or program, and, in relation to a board of	7414
education, the county or counties in which each of its schools is	7415
located and the address of each such school. The Ohio board of	7416
regents shall compile, maintain, and update in January and July of	7417
each year, a list of all institutions of a type described in	7418
division (A)(7) of this section that contains the name of each	7419
such institution, the county in which it is located, its address	7420
and telephone number, and the name of its president or other chief	7421
administrative officer. A sheriff required by division (A) or (C)	7422
of this section, or authorized by division (D)(2) of this section,	7423
to provide notices regarding an offender or delinquent child, or a	7424
designee of a sheriff of that type, may request the department of	7425
job and family services, department of education, or Ohio board of	7426
regents, by telephone, in person, or by mail, to provide the	7427
sheriff or designee with the names, addresses, and telephone	7428
numbers of the appropriate persons and entities to whom the	7429
notices described in divisions (A)(2) to (7) of this section are	7430
to be provided. Upon receipt of a request, the department or board	7431
shall provide the requesting sheriff or designee with the names,	7432
addresses, and telephone numbers of the appropriate persons and	7433
entities to whom those notices are to be provided.	7434

Sec. 2950.111.  (A) If an offender or delinquent child	7435
registers a residence address, provides notice of a change of any	7436
residence address, or verifies a current residence address	7437
pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the	7438
Revised Code, all of the following apply:	7439

(1) At any time after the registration, provision of the	7440
notice, or verification, the sheriff with whom the offender or	7441
delinquent child so registered or to whom the offender or	7442
delinquent child so provided the notice or verified the current	7443
address, or a designee of that sheriff, may contact a person who	7444
owns, leases, or otherwise has custody, control, or supervision of	7445
the premises at the address provided by the offender or delinquent	7446
child in the registration, the notice, or the verification and	7447
request that the person confirm or deny that the offender or	7448
delinquent child currently resides at that address.	7449

(2) Upon receipt of a request under division (A)(1) of this	7450
section, notwithstanding any other provision of law, the person	7451
who owns, leases, or otherwise has custody, control, or	7452
supervision of the premises, or an agent of that person, shall	7453
comply with the request and inform the sheriff or designee who	7454
made the request whether or not the offender or delinquent child	7455
currently resides at that address.	7456

(3) Section 2950.12 of the Revised Code applies to a person	7457
who, in accordance with division (A)(2) of this section, provides	7458
information of the type described in that division.	7459

(B) Division (A) of this section applies regarding any public	7460
or private residential premises, including, but not limited to, a	7461
private residence, a multi-unit residential facility, a halfway	7462
house, a homeless shelter, or any other type of residential	7463
premises. Division (A) of this section does not apply regarding an	7464
offender's registration, provision of notice of a change in, or	7465
verification of a school, institution of higher education, or	7466
place of employment address pursuant to section 2950.04, 2950.041,	7467
2950.05, or 2950.06 of the Revised Code.	7468

(C) A sheriff or designee of a sheriff may attempt to confirm	7469
that an offender or delinquent child who registers a residence	7470
address, provides notice of a change of any residence address, or	7471
verifies a current residence address as described in division (A)	7472
of this section currently resides at the address in question in	7473
manners other than the manner provided in this section. A sheriff	7474
or designee of a sheriff is not limited in the number of requests	7475
that may be made under this section regarding any registration,	7476
provision of notice, or verification, or in the number of times	7477
that the sheriff or designee may attempt to confirm, in manners	7478
other than the manner provided in this section, that an offender	7479
or delinquent child currently resides at the address in question.	7480

Sec. 2950.12.  (A) Except as provided in division (B) of this	7481
section, any of the following persons shall be immune from	7482
liability in a civil action to recover damages for injury, death,	7483
or loss to person or property allegedly caused by an act or	7484
omission in connection with a power, duty, responsibility, or	7485
authorization under this chapter or under rules adopted under	7486
authority of this chapter:	7487

(1) An officer or employee of the bureau of criminal	7488
identification and investigation;	7489

(2) The attorney general, a chief of police, marshal, or	7490
other chief law enforcement officer of a municipal corporation, a	7491
sheriff, a constable or chief of police of a township police	7492
department or police district police force, and a deputy, officer,	7493
or employee of the office of the attorney general, the law	7494
enforcement agency served by the marshal or the municipal or	7495
township chief, the office of the sheriff, or the constable;	7496

(3) A prosecutor and an officer or employee of the office of	7497
a prosecutor;	7498

(4) A supervising officer and an officer or employee of the	7499
adult parole authority of the department of rehabilitation and	7500
correction;	7501

(5) A supervising officer and an officer or employee of the	7502
department of youth services;	7503

(6) A supervisor and a caseworker or employee of a public	7504
children services agency acting pursuant to section 5153.16 of the	7505
Revised Code;	7506

(7) A managing officer of a state correctional institution	7507
and an officer or employee of the department of rehabilitation and	7508
correction;	7509

(8) A person identified in division (A)(2), (3), (4), (5),	7510
(6), or (7) of section 2950.11 of the Revised Code or the agent of	7511
that person;	7512

(9) A person identified in division (A)(2) of section	7513
2950.111 of the Revised Code, regarding the person's provision of	7514
information pursuant to that division to a sheriff or a designee	7515
of a sheriff.	7516

(B) The immunity described in division (A) of this section	7517
does not apply to a person described in divisions (A)(1) to (8) of	7518
this section if, in relation to the act or omission in question,	7519
any of the following applies:	7520

(1) The act or omission was manifestly outside the scope of	7521
the person's employment or official responsibilities.	7522

(2) The act or omission was with malicious purpose, in bad	7523
faith, or in a wanton or reckless manner.	7524

(3) Liability for the act or omission is expressly imposed by	7525
a section of the Revised Code.	7526

Sec. 2950.13.  (A) The attorney general shall do all of the	7527
following:	7528

(1) No later than July 1, 1997, establish and maintain a	7529
state registry of sex offenders and child-victim offenders that is	7530
housed at the bureau of criminal identification and investigation	7531
and that contains all of the registration, change of residence,	7532
school, institution of higher education, or place of employment	7533
address, and verification information the bureau receives pursuant	7534
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	7535
Code regarding a person who is convicted of or pleads guilty to,	7536
or has been convicted of or pleaded guilty to, either a sexually	7537
oriented offense that is not a registration-exempt sexually	7538
oriented offense or a child-victim oriented offense or a person	7539
who is adjudicated a delinquent child for committing either a	7540
sexually oriented offense that is not a registration-exempt	7541
sexually oriented offense or a child-victim oriented offense and	7542
is classified a juvenile sex offender registrant or is an	7543
out-of-state juvenile sex offender registrant based on that	7544
adjudication, and all of the information the bureau receives	7545
pursuant to section 2950.14 of the Revised Code;. For a person who	7546
was convicted of or pleaded guilty to the sexually oriented	7547
offense or child-victim related offense, the registry also shall	7548
indicate whether the person was convicted of or pleaded guilty to	7549
the offense in a criminal prosecution or in a serious youthful	7550
offender case.	7551

(2) In consultation with local law enforcement	7552
representatives and no later than July 1, 1997, adopt rules that	7553
contain guidelines necessary for the implementation of this	7554
chapter;	7555

(3) In consultation with local law enforcement	7556
representatives and no later than July 1, 1997, adopt rules for	7557
the implementation and administration of the provisions contained	7558
in section 2950.11 of the Revised Code that pertain to the	7559
notification of neighbors of an offender or a delinquent child who	7560
has committed a sexually oriented offense that is not a	7561
registration-exempt sexually oriented offense and has been	7562
adjudicated as being a sexual predator or determined to be a	7563
habitual sex offender or, an offender who has committed on or	7564
after the effective date of this amendment an aggravated sexually	7565
oriented offense, or an offender or delinquent child who has	7566
committed a child-victim oriented offense and has been adjudicated	7567
a child-victim predator or determined to be a habitual	7568
child-victim offender, and rules that prescribe a manner in which	7569
victims of either a sexually oriented offense that is not a	7570
registration-exempt sexually oriented offense or a child-victim	7571
oriented offense committed by an offender or a delinquent child	7572
who has been adjudicated as being a sexual predator or determined	7573
to be a habitual sex offender or, an offender who has committed on	7574
or after the effective date of this amendment an aggravated	7575
sexually oriented offense, or an offender or delinquent child who	7576
has committed a child-victim oriented offense and has been	7577
adjudicated a child-victim predator or determined to be a habitual	7578
child-victim offender may make a request that specifies that the	7579
victim would like to be provided the notices described in	7580
divisions (A)(1) and (2) of section 2950.10 of the Revised Code;	7581

(4) In consultation with local law enforcement	7582
representatives and through the bureau of criminal identification	7583
and investigation, prescribe the forms to be used by judges and	7584
officials pursuant to section 2950.03 of the Revised Code to	7585
advise offenders and delinquent children of their duties of filing	7586
a notice of intent to reside, registration, notification of a	7587
change of residence, school, institution of higher education, or	7588
place of employment address and registration of the new residence,	7589
school, institution of higher education, or place of employment	7590
address, as applicable, and residence address verification under	7591
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	7592
Code, and prescribe the forms to be used by sheriffs relative to	7593
those duties of filing a notice of intent to reside, registration,	7594
change of residence, school, institution of higher education, or	7595
place of employment address notification, and residence address	7596
verification;	7597

(5) Make copies of the forms prescribed under division (A)(4)	7598
of this section available to judges, officials, and sheriffs;	7599

(6) Through the bureau of criminal identification and	7600
investigation, provide the notifications, the information, and the	7601
documents that the bureau is required to provide to appropriate	7602
law enforcement officials and to the federal bureau of	7603
investigation pursuant to sections 2950.04, 2950.041, 2950.05, and	7604
2950.06 of the Revised Code;	7605

(7) Through the bureau of criminal identification and	7606
investigation, maintain the verification forms returned under the	7607
residence address verification mechanism set forth in section	7608
2950.06 of the Revised Code;	7609

(8) In consultation with representatives of the officials,	7610
judges, and sheriffs, adopt procedures for officials, judges, and	7611
sheriffs to use to forward information, photographs, and	7612
fingerprints to the bureau of criminal identification and	7613
investigation pursuant to the requirements of sections 2950.03,	7614
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	7615

(9) In consultation with the director of education, the	7616
director of job and family services, and the director of	7617
rehabilitation and correction and no later than July 1, 1997,	7618
adopt rules that contain guidelines to be followed by boards of	7619
education of a school district, chartered nonpublic schools or	7620
other schools not operated by a board of education, preschool	7621
programs, child day-care centers, type A family day-care homes,	7622
certified type B family day-care homes, and institutions of higher	7623
education regarding the proper use and administration of	7624
information received pursuant to section 2950.11 of the Revised	7625
Code relative to an offender or delinquent child who has been	7626
adjudicated as being a sexual predator or child-victim predator or	7627
determined to be a habitual sex offender or habitual child-victim	7628
offender, or an offender who has committed an aggravated sexually	7629
oriented offense;	7630

(10) In consultation with local law enforcement	7631
representatives and no later than July 1, 1997, adopt rules that	7632
designate a geographic area or areas within which the notice	7633
described in division (B) of section 2950.11 of the Revised Code	7634
must be given to the persons identified in divisions (A)(2) to (8)	7635
of that section;	7636

(11) Through the bureau of criminal identification and	7637
investigation, not later than January 1, 2004, establish and	7638
operate on the internet a sex offender and child-victim offender	7639
database that contains information for every offender who has	7640
committed either a sexually oriented offense that is not a	7641
registration-exempt sexually oriented offense or a child-victim	7642
oriented offense and who registers in any county in this state	7643
pursuant to section 2950.04 or 2950.041 of the Revised Code. The	7644
bureau shall determine the information to be provided on the	7645
database for each offender and shall obtain that information from	7646
the information contained in the state registry of sex offenders	7647
and child-victim offenders described in division (A)(1) of this	7648
section, which information, while in the possession of the sheriff	7649
who provided it, is a public record open for inspection as	7650
described in section 2950.081 of the Revised Code. The information	7651
provided for each offender shall include at least the information	7652
set forth in division (B) of section 2950.11 of the Revised Code.	7653
The database is a public record open for inspection under section	7654
149.43 of the Revised Code, and it shall be searchable by offender	7655
name, by county, by zip code, and by school district. The database	7656
shall provide a link to the web site of each sheriff who has	7657
established and operates on the internet a sex offender and	7658
child-victim offender database that contains information for	7659
offenders who register in that county pursuant to section 2950.04	7660
or 2950.041 of the Revised Code, with the link being a direct link	7661
to the sex offender and child-victim offender database for the	7662
sheriff.	7663

(12) Upon the request of any sheriff, provide technical	7664
guidance to the requesting sheriff in establishing on the internet	7665
a sex offender and child-victim offender database for the public	7666
dissemination of some or all of the materials described in	7667
division (A) of section 2950.081 of the Revised Code that are	7668
public records under that division and that pertain to offenders	7669
who register in that county pursuant to section 2950.04 or	7670
2950.041 of the Revised Code;	7671

(13) Through the bureau of criminal identification and	7672
investigation, not later than January 1, 2004, establish and	7673
operate on the internet a database that enables local law	7674
enforcement representatives to remotely search by electronic means	7675
the state registry of sex offenders and child-victim offenders	7676
described in division (A)(1) of this section and any information	7677
the bureau receives pursuant to sections 2950.04, 2950.041,	7678
2950.05, 2950.06, and 2950.14 of the Revised Code. The database	7679
shall enable local law enforcement representatives to obtain	7680
detailed information regarding each offender and delinquent child	7681
who is included in the registry, including, but not limited to the	7682
offender's or delinquent child's name, residence address, place of	7683
employment if applicable, motor vehicle license plate number if	7684
applicable, victim preference if available, date of most recent	7685
release from confinement if applicable, fingerprints, and other	7686
identification parameters the bureau considers appropriate. The	7687
database is not a public record open for inspection under section	7688
149.43 of the Revised Code and shall be available only to law	7689
enforcement representatives as described in this division.	7690
Information obtained by local law enforcement representatives	7691
through use of this database is not open to inspection by the	7692
public or by any person other than a person identified in division	7693
(A) of section 2950.08 of the Revised Code.	7694

(B) The attorney general, in consultation with local law	7695
enforcement representatives, may adopt rules that establish one or	7696
more categories of neighbors of an offender or delinquent child	7697
who, in addition to the occupants of residences adjacent to an	7698
offender's or delinquent child's place of residenceresidential	7699
premises and other persons specified in division (A)(1) of section	7700
2950.11 of the Revised Code, must be given the notice described in	7701
division (B) of that section 2950.11 of the Revised Code.	7702

(C) No person, other than a local law enforcement	7703
representative, shall knowingly do any of the following:	7704

(1) Gain or attempt to gain access to the database	7705
established and operated by the attorney general, through the	7706
bureau of criminal identification and investigation, pursuant to	7707
division (A)(13) of this section.	7708

(2) Permit any person to inspect any information obtained	7709
through use of the database described in division (C)(1) of this	7710
section, other than as permitted under that division.	7711

(D) As used in this section, "local law enforcement	7712
representatives" means representatives of the sheriffs of this	7713
state, representatives of the municipal chiefs of police and	7714
marshals of this state, and representatives of the township	7715
constables and chiefs of police of the township police departments	7716
or police district police forces of this state.	7717

Sec. 2950.14.  (A) Prior to releasing an offender who is	7718
under the custody and control of the department of rehabilitation	7719
and correction and who has been convicted of or pleaded guilty to	7720
committing, either prior to, on, or after January 1, 1997, any	7721
sexually oriented offense that is not a registration-exempt	7722
sexually oriented offense or any child-victim oriented offense,	7723
the department of rehabilitation and correction shall provide all	7724
of the information described in division (B) of this section to	7725
the bureau of criminal identification and investigation regarding	7726
the offender. Prior to releasing a delinquent child who is in the	7727
custody of the department of youth services who has been	7728
adjudicated a delinquent child for committing on or after January	7729
1, 2002, aany sexually oriented offense that is not a	7730
registration-exempt sexually oriented offense or any child-victim	7731
oriented offense, and who has been classified a juvenile sex	7732
offender registrant based on that adjudication, the department of	7733
youth services shall provide all of the information described in	7734
division (B) of this section to the bureau of criminal	7735
identification and investigation regarding the delinquent child.	7736

(B) The department of rehabilitation and correction and the	7737
department of youth services shall provide all of the following	7738
information to the bureau of criminal identification and	7739
investigation regarding an offender or delinquent child described	7740
in division (A) of this section:	7741

(1) The offender's or delinquent child's name and any aliases	7742
used by the offender or delinquent child;	7743

(2) All identifying factors concerning the offender or	7744
delinquent child;	7745

(3) The offender's or delinquent child's anticipated future	7746
residence;	7747

(4) The offense and delinquency history of the offender or	7748
delinquent child;	7749

(5) Whether the offender or delinquent child was treated for	7750
a mental abnormality or personality disorder while under the	7751
custody and control of the department;	7752

(6) Any other information that the bureau indicates is	7753
relevant and that the department possesses.	7754

(C) Upon receipt of the information described in division (B)	7755
of this section regarding an offender or delinquent child, the	7756
bureau immediately shall enter the information into the state	7757
registry of sex offenders and child-victim offenders that the	7758
bureau maintains pursuant to section 2950.13 of the Revised Code	7759
and into the records that the bureau maintains pursuant to	7760
division (A) of section 109.57 of the Revised Code.	7761

Sec. 2950.99.  (A) Whoever(1)(a) Except as otherwise	7762
provided in division (A)(1)(b) of this section, whoever violates a	7763
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of	7764
the Revised Code is guilty of a felony of the fifth degree if	7765
shall be punished as follows:	7766

(i) If the most serious sexually oriented offense or	7767
child-victim oriented offense that was the basis of the	7768
registration, notice of intent to reside, change of address	7769
notification, or address verification requirement that was	7770
violated under the prohibition is aggravated murder, murder, or a	7771
felony of the first, second, or third degree if committed by an	7772
adult, the offender is guilty of a felony of the third degree.	7773

(ii) If the most serious sexually oriented offense or	7774
child-victim oriented offense that was the basis of the	7775
registration, notice of intent to reside, change of address	7776
notification, or address verification requirement that was	7777
violated under the prohibition is a felony of the fourth or fifth	7778
degree if committed by an adult, and a misdemeanor of the first	7779
degree, or if the most serious sexually oriented offense or	7780
child-victim oriented offense that was the basis of the	7781
registration, notice of intent to reside, change of address	7782
notification, or address verification requirement that was	7783
violated under the prohibition is a misdemeanor if committed by an	7784
adult. In, the offender is guilty of a felony of the same degree	7785
or a misdemeanor of the same degree as the most serious sexually	7786
oriented offense or child-victim oriented offense that was the	7787
basis of the registration, notice of intent to reside, change of	7788
address, or address verification requirement that was violated	7789
under the prohibition.	7790

(b) If the offender previously has been convicted of or	7791
pleaded guilty to, or previously has been adjudicated a delinquent	7792
child for committing, a violation of a prohibition in section	7793
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	7794
whoever violates a prohibition in section 2950.04, 2950.041,	7795
2950.05, or 2950.06 of the Revised Code shall be punished as	7796
follows:	7797

(i) If the most serious sexually oriented offense or	7798
child-victim oriented offense that was the basis of the	7799
registration, notice of intent to reside, change of address	7800
notification, or address verification requirement that was	7801
violated under the prohibition is aggravated murder, murder, or a	7802
felony of the first, second, third, or fourth degree if committed	7803
by an adult, the offender is guilty of a felony of the third	7804
degree.	7805

(ii) If the most serious sexually oriented offense or	7806
child-victim oriented offense that was the basis of the	7807
registration, notice of intent to reside, change of address	7808
notification, or address verification requirement that was	7809
violated under the prohibition is a felony of the fifth degree if	7810
committed by an adult, the offender is guilty of a felony of the	7811
fourth degree.	7812

(iii) If the most serious sexually oriented offense or	7813
child-victim oriented offense that was the basis of the	7814
registration, notice of intent to reside, change of address	7815
notification, or address verification requirement that was	7816
violated under the prohibition is a misdemeanor of the first	7817
degree if committed by an adult, the offender is guilty of a	7818
felony of the fifth degree.	7819

(iv) If the most serious sexually oriented offense or	7820
child-victim oriented offense that was the basis of the	7821
registration, notice of intent to reside, change of address	7822
notification, or address verification requirement that was	7823
violated under the prohibition is a misdemeanor other than a	7824
misdemeanor of the first degree if committed by an adult, the	7825
offender is guilty of a misdemeanor that is one degree higher than	7826
the most serious sexually oriented offense or child-victim	7827
oriented offense that was the basis of the registration, change of	7828
address, or address verification requirement that was violated	7829
under the prohibition.	7830

(2) In addition to any penalty or sanction imposed under	7831
division (A)(1) of this section or any other provision of law for	7832
thea violation of a prohibition in section 2950.04, 2950.041,	7833
2950.05, or 2950.06 of the Revised Code, if the offender or	7834
delinquent child is on probation or parole, is subject to one or	7835
more post-release control sanctions, or is subject to any other	7836
type of supervised release at the time of the violation, the	7837
violation shall constitute a violation of the terms and conditions	7838
of the probation, parole, post-release control sanction, or other	7839
type of supervised release.	7840

(B) If a person violates a prohibition in section 2950.04,	7841
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	7842
the person as a result of the person being adjudicated a	7843
delinquent child and being classified a juvenile sex offender	7844
registrant or isas an out-of-state juvenile sex offender	7845
registrant, both of the following apply:	7846

(1) If the violation occurs while the person is under	7847
eighteen years of age, the person is subject to proceedings under	7848
Chapter 2152. of the Revised Code based on the violation.	7849

(2) If the violation occurs while the person is eighteen	7850
years of age or older, the person is subject to criminal	7851
prosecution based on the violation.	7852

(C) Whoever violates division (C) of section 2950.13 of the	7853
Revised Code is guilty of a misdemeanor of the first degree.	7854

Sec. 2971.01.  As used in this chapter:

7855

(A) "Mandatory prison term" has the same meaning as in	7856
section 2929.01 of the Revised Code.	7857

(B) "Designated homicide, assault, or kidnapping offense"	7858
means any of the following:	7859

(1) A violation of section 2903.01, 2903.02, 2903.11, or	7860
2905.01 of the Revised Code or a violation of division (A) of	7861
section 2903.04 of the Revised Code;	7862

(2) An attempt to commit or complicity in committing a	7863
violation listed in division (B)(1) of this section, if the	7864
attempt or complicity is a felony.	7865

(C) "Examiner" has the same meaning as in section 2945.371 of	7866
the Revised Code.	7867

(D) "Peace officer" has the same meaning as in section	7868
2935.01 of the Revised Code.	7869

(E) "Prosecuting attorney" means the prosecuting attorney who	7870
prosecuted the case of the offender in question or the successor	7871
in office to that prosecuting attorney.	7872

(F) "Sexually oriented offense" hasand "child-victim	7873
oriented offense" have the same meaningmeanings as in section	7874
2950.01 of the Revised Code.	7875

(G) "Sexually violent offense" means a violent sex offense,	7876
or a designated homicide, assault, or kidnapping offense for which	7877
the offender also was convicted of or pleaded guilty to a sexual	7878
motivation specification.	7879

(H)(1) "Sexually violent predator" means a person who has	7880
been convicted of or pleaded guilty to committing, on or after the	7881
effective date of this sectionJanuary 1, 1997, a sexually violent	7882
offense and is likely to engage in the future in one or more	7883
sexually violent offenses.	7884

(2) For purposes of division (H)(1) of this section, any of	7885
the following factors may be considered as evidence tending to	7886
indicate that there is a likelihood that the person will engage in	7887
the future in one or more sexually violent offenses:	7888

(a) The person has been convicted two or more times, in	7889
separate criminal actions, of a sexually oriented offense or a	7890
child-victim oriented offense. For purposes of this division,	7891
convictions that result from or are connected with the same act or	7892
result from offenses committed at the same time are one	7893
conviction, and a conviction set aside pursuant to law is not a	7894
conviction.	7895

(b) The person has a documented history from childhood, into	7896
the juvenile developmental years, that exhibits sexually deviant	7897
behavior.	7898

(c) Available information or evidence suggests that the	7899
person chronically commits offenses with a sexual motivation.	7900

(d) The person has committed one or more offenses in which	7901
the person has tortured or engaged in ritualistic acts with one or	7902
more victims.	7903

(e) The person has committed one or more offenses in which	7904
one or more victims were physically harmed to the degree that the	7905
particular victim's life was in jeopardy.	7906

(f) Any other relevant evidence.

7907

(I) "Sexually violent predator specification" means a	7908
specification, as described in section 2941.148 of the Revised	7909
Code, charging a person with being a sexually violent predator.	7910

(J) "Sexual motivation" means a purpose to gratify the sexual	7911
needs or desires of the offender.	7912

(K) "Sexual motivation specification" means a specification,	7913
as described in section 2941.147 of the Revised Code, that charges	7914
that a person charged with a designated homicide, assault, or	7915
kidnapping offense committed the offense with a sexual motivation.	7916

(L) "Violent sex offense" means any of the following:

7917

(1) A violation of section 2907.02, 2907.03, or 2907.12 or of	7918
division (A)(4) of section 2907.05 of the Revised Code;	7919

(2) A felony violation of a former law of this state that is	7920
substantially equivalent to a violation listed in division (L)(1)	7921
of this section or of an existing or former law of the United	7922
States or of another state that is substantially equivalent to a	7923
violation listed in division (L)(1) of this section;	7924

(3) An attempt to commit or complicity in committing a	7925
violation listed in division (L)(1) or (2) of this section if the	7926
attempt or complicity is a felony.	7927

Sec. 3319.20.  Whenever an employee of a board of education,	7928
other than an employee who is a license holder to whom section	7929
3319.52 of the Revised Code applies, is convicted of or pleads	7930
guilty to a felony, a violation of section 2907.04 or 2907.06 or	7931
of division (A) or (C)(B) of section 2907.07 of the Revised Code,	7932
an offense of violence, theft offense, or drug abuse offense that	7933
is not a minor misdemeanor, or a violation of an ordinance of a	7934
municipal corporation that is substantively comparable to a felony	7935
or to a violation or offense of that nature, the prosecutor in the	7936
case, on forms prescribed and furnished by the state board of	7937
education, shall notify the employing board of education of the	7938
employee's name and residence address, the fact that the employee	7939
was convicted of or pleaded guilty to the specified offense, the	7940
section of the Revised Code or the municipal ordinance violated,	7941
and the sentence imposed by the court.	7942

The prosecutor shall give the notification required by this	7943
section no earlier than the fifth day following the expiration of	7944
the period within which the employee may file a notice of appeal	7945
from the judgment of the trial court under Appellate Rule 4(B) and	7946
no later than the eighth day following the expiration of that	7947
period. The notification also shall indicate whether the employee	7948
appealed the conviction, and, if applicable, the court in which	7949
the appeal will be heard. If the employee is permitted, by leave	7950
of court pursuant to Appellate Rule 5, to appeal the judgment of	7951
the trial court subsequent to the expiration of the period for	7952
filing a notice of appeal under Appellate Rule 4(B), the	7953
prosecutor promptly shall notify the employing board of education	7954
of the appeal and the court in which the appeal will be heard.	7955

As used in this section, "theft offense" has the same meaning	7956
as in section 2913.01 of the Revised Code, "drug abuse offense"	7957
has the same meaning as in section 2925.01 of the Revised Code,	7958
and "prosecutor" has the same meaning as in section 2935.01 of the	7959
Revised Code.	7960

Sec. 3319.31.  (A) As used in this section and sections	7961
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	7962
means a certificate, license, or permit described in division (B)	7963
of section 3301.071 or in section 3301.074, 3319.088, 3319.29, or	7964
3319.302 of the Revised Code.	7965

(B) For any of the following reasons, the state board of	7966
education, in accordance with Chapter 119. and section 3319.311 of	7967
the Revised Code, may refuse to issue a license to an applicant,	7968
may limit a license it issues to an applicant, or may suspend,	7969
revoke, or limit a license that has been issued to any person:	7970

(1) Engaging in an immoral act, incompetence, negligence, or	7971
conduct that is unbecoming to the applicant's or person's	7972
position;	7973

(2) A plea of guilty to, a finding of guilt by a jury or	7974
court of, or a conviction of any of the following:	7975

(a) A felony;

7976

(b) A violation of section 2907.04 or 2907.06 or division (A)	7977
or (C)(B) of section 2907.07 of the Revised Code;	7978

(c) An offense of violence;

7979

(d) A theft offense, as defined in section 2913.01 of the	7980
Revised Code;	7981

(e) A drug abuse offense, as defined in section 2925.01 of	7982
the Revised Code, that is not a minor misdemeanor;	7983

(f) A violation of an ordinance of a municipal corporation	7984
that is substantively comparable to an offense listed in divisions	7985
(B)(2)(a) to (e) of this section.	7986

(C) The state board may take action under division (B) of	7987
this section on the basis of substantially comparable conduct	7988
occurring in a jurisdiction outside this state or occurring before	7989
a person applies for or receives any license.	7990

(D) The state board may adopt rules in accordance with	7991
Chapter 119. of the Revised Code to carry out this section and	7992
section 3319.311 of the Revised Code.	7993

Sec. 5139.13.  (A) The department of youth services shall do	7994
all of the following:	7995

(1) Control and manage all institutions for the	7996
rehabilitation of delinquent children and youthful offenders that	7997
are operated by the state, except where the control and management	7998
of an institution is vested by law in another agency;	7999

(2) Provide treatment and training for children committed to	8000
the department and assigned by the department to various	8001
institutions under its control and management, including, but not	8002
limited to, for a child committed to it for an act that is either	8003
a sexually oriented offense that is not a registration-exempt	8004
sexually oriented offense or a child-victim oriented offense,	8005
treatment that is appropriate for a child who commits an act that	8006
is a sexually oriented offense that is not a registration-exempt	8007
sexually oriented offense or child-victim oriented offense and	8008
that is intended to ensure that the child does not commit any	8009
subsequent act that is a sexually oriented offense or a	8010
child-victim oriented offense;	8011

(3) Establish and maintain appropriate reception centers for	8012
the reception of children committed to the department and employ	8013
competent persons to have charge of those centers and to conduct	8014
investigations;	8015

(4) Establish and maintain any other facilities necessary for	8016
the training, treatment, and rehabilitation of children committed	8017
to the department.	8018

(B) As used in this section, "sexually oriented offense" has	8019
and "child-victim oriented offense" have the same meaningmeanings	8020
as in section 2950.01 of the Revised Code.	8021

Sec. 5321.01.  As used in this chapter:

8022

(A) "Tenant" means a person entitled under a rental agreement	8023
to the use and occupancy of residential premises to the exclusion	8024
of others.	8025

(B) "Landlord" means the owner, lessor, or sublessor of	8026
residential premises, the agent of the owner, lessor, or	8027
sublessor, or any person authorized by the owner, lessor, or	8028
sublessor to manage the premises or to receive rent from a tenant	8029
under a rental agreement.	8030

(C) "Residential premises" means a dwelling unit for	8031
residential use and occupancy and the structure of which it is a	8032
part, the facilities and appurtenances in it, and the grounds,	8033
areas, and facilities for the use of tenants generally or the use	8034
of which is promised the tenant. "Residential premises" includes a	8035
dwelling unit that is owned or operated by a college or	8036
university. "Residential premises" does not include any of the	8037
following:	8038

(1) Prisons, jails, workhouses, and other places of	8039
incarceration or correction, including, but not limited to,	8040
halfway houses or residential arrangements which are used or	8041
occupied as a requirement of probation or parole;	8042

(2) Hospitals and similar institutions with the primary	8043
purpose of providing medical services, and homes licensed pursuant	8044
to Chapter 3721. of the Revised Code;	8045

(3) Tourist homes, hotels, motels, and other similar	8046
facilities where circumstances indicate a transient occupancy;	8047

(4) Elementary and secondary boarding schools, where the cost	8048
of room and board is included as part of the cost of tuition;	8049

(5) Orphanages and similar institutions;

8050

(6) Farm residences furnished in connection with the rental	8051
of land of a minimum of two acres for production of agricultural	8052
products by one or more of the occupants;	8053

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	8054
the Revised Code;	8055

(8) Occupancy by an owner of a condominium unit;

8056

(9) Occupancy in a facility licensed as an SRO facility	8057
pursuant to Chapter 3731. of the Revised Code, if the facility is	8058
owned or operated by an organization that is exempt from taxation	8059
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	8060
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	8061
group of entities in which such an organization has a controlling	8062
interest, and if either of the following applies:	8063

(a) The occupancy is for a period of less than sixty days;

8064

(b) The occupancy is for participation in a program operated	8065
by the facility, or by a public entity or private charitable	8066
organization pursuant to a contract with the facility, to provide	8067
either of the following:	8068

(i) Services licensed, certified, registered, or approved by	8069
a governmental agency or private accrediting organization for the	8070
rehabilitation of mentally ill persons, developmentally disabled	8071
persons, adults or juveniles convicted of criminal offenses, or	8072
persons suffering from substance abuse;	8073

(ii) Shelter for juvenile runaways, victims of domestic	8074
violence, or homeless persons.	8075

(10) Emergency shelters operated by organizations exempt from	8076
federal income taxation under section 501(c)(3) of the "Internal	8077
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	8078
amended, for persons whose circumstances indicate a transient	8079
occupancy, including homeless people, victims of domestic	8080
violence, and juvenile runaways.	8081

(D) "Rental agreement" means any agreement or lease, written	8082
or oral, which establishes or modifies the terms, conditions,	8083
rules, or any other provisions concerning the use and occupancy of	8084
residential premises by one of the parties.	8085

(E) "Security deposit" means any deposit of money or property	8086
to secure performance by the tenant under a rental agreement.	8087

(F) "Dwelling unit" means a structure or the part of a	8088
structure that is used as a home, residence, or sleeping place by	8089
one person who maintains a household or by two or more persons who	8090
maintain a common household.	8091

(G) "Controlled substance" has the same meaning as in section	8092
3719.01 of the Revised Code.	8093

(H) "Student tenant" means a person who occupies a dwelling	8094
unit owned or operated by the college or university at which the	8095
person is a student, and who has a rental agreement that is	8096
contingent upon the person's status as a student.	8097

(I) "School premises" has the same meaning as in section	8098
2925.01 of the Revised Code.	8099

(J) "Sexually oriented offense" and "child-victim oriented	8100
offense" have the same meanings as in section 2950.01 of the	8101
Revised Code.	8102

Sec. 5321.03.  (A) Notwithstanding section 5321.02 of the	8103
Revised Code, a landlord may bring an action under Chapter 1923.	8104
of the Revised Code for possession of the premises if:	8105

(1) The tenant is in default in the payment of rent;

8106

(2) The violation of the applicable building, housing,	8107
health, or safety code that the tenant complained of was primarily	8108
caused by any act or lack of reasonable care by the tenant, or by	8109
any other person in the tenant's household, or by anyone on the	8110
premises with the consent of the tenant;	8111

(3) Compliance with the applicable building, housing, health,	8112
or safety code would require alteration, remodeling, or demolition	8113
of the premises which would effectively deprive the tenant of the	8114
use of the dwelling unit;	8115

(4) A tenant is holding over histhe tenant's term.

8116

(5) The residential premises are located within one thousand	8117
feet of any school premises, and both of the following apply	8118
regarding the tenant or other occupant who resides in or occupies	8119
the premises:	8120

(a) The tenant's or other occupant's name appears on the	8121
state registry of sex offenders and child-victim offenders	8122
maintained under section 2950.13 of the Revised Code.	8123

(b) The state registry of sex offenders and child-victim	8124
offenders indicates that the tenant or other occupant was	8125
convicted of or pleaded guilty to either a sexually oriented	8126
offense that is not a registration-exempt sexually oriented	8127
offense or a child-victim oriented offense in a criminal	8128
prosecution and was not sentenced to a serious youthful offender	8129
dispositional sentence for that offense.	8130

(B) The maintenance of an action by the landlord under this	8131
section does not prevent the tenant from recovering damages for	8132
any violation by the landlord of the rental agreement or of	8133
section 5321.04 of the Revised Code.	8134

(C) This section does not apply to a dwelling unit occupied	8135
by a student tenant.	8136

Sec. 5321.051. (A)(1) No tenant of any residential premises	8137
located within one thousand feet of any school premises shall	8138
allow any person to occupy those residential premises if both of	8139
the following apply regarding the person:	8140

(a) The person's name appears on the state registry of sex	8141
offenders and child-victim offenders maintained under section	8142
2950.13 of the Revised Code.	8143

(b) The state registry of sex offenders and child-victim	8144
offenders indicates that the person was convicted of or pleaded	8145
guilty to either a sexually oriented offense that is not a	8146
registration-exempt sexually oriented offense or a child-victim	8147
oriented offense in a criminal prosecution and was not sentenced	8148
to a serious youthful offender dispositional sentence for that	8149
offense.	8150

(2) If a tenant allows occupancy in violation of this section	8151
or a person establishes a residence or occupies residential	8152
premises in violation of section 2950.031 of the Revised Code, the	8153
landlord for the residential premises that are the subject of the	8154
rental agreement or other tenancy may terminate the rental	8155
agreement or other tenancy of the tenant and all other occupants.	8156

(B) If a landlord is authorized to terminate a rental	8157
agreement or other tenancy pursuant to division (A) of this	8158
section but does not so terminate the rental agreement or other	8159
tenancy, the landlord is not liable in a tort or other civil	8160
action in damages for any injury, death, or loss to person or	8161
property that allegedly results from that decision.	8162

Section 2. That existing sections 109.42, 109.57, 1923.01,	8163
1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83,	8164
2152.84, 2152.85, 2901.07, 2907.07, 2919.24, 2929.01, 2929.13,	8165
2929.19, 2929.21, 2935.36, 2950.01, 2950.02, 2950.03, 2950.04,	8166
2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10,	8167
2950.11, 2950.12, 2950.13, 2950.14, 2950.99, 2971.01, 3319.20,	8168
3319.31, 5139.13, 5321.01, and 5321.03 of the Revised Code are	8169
hereby repealed.	8170

Section 3. That the versions of sections 2152.19, 2929.01,	8171
2929.13, and 2929.19 of the Revised Code that are scheduled to	8172
take effect January 1, 2004, be amended to read as follows:	8173

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	8174
child, the court may make any of the following orders of	8175
disposition, in addition to any other disposition authorized or	8176
required by this chapter:	8177

(1) Any order that is authorized by section 2151.353 of the	8178
Revised Code for the care and protection of an abused, neglected,	8179
or dependent child;	8180

(2) Commit the child to the temporary custody of any school,	8181
camp, institution, or other facility operated for the care of	8182
delinquent children by the county, by a district organized under	8183
section 2152.41 or 2151.65 of the Revised Code, or by a private	8184
agency or organization, within or without the state, that is	8185
authorized and qualified to provide the care, treatment, or	8186
placement required;	8187

(3) Place the child on community control under any sanctions,	8188
services, and conditions that the court prescribes. As a condition	8189
of community control in every case and in addition to any other	8190
condition that it imposes upon the child, the court shall require	8191
the child to abide by the law during the period of community	8192
control. As referred to in this division, community control	8193
includes, but is not limited to, the following sanctions and	8194
conditions:	8195

(a) A period of basic probation supervision in which the	8196
child is required to maintain contact with a person appointed to	8197
supervise the child in accordance with sanctions imposed by the	8198
court;	8199

(b) A period of intensive probation supervision in which the	8200
child is required to maintain frequent contact with a person	8201
appointed by the court to supervise the child while the child is	8202
seeking or maintaining employment and participating in training,	8203
education, and treatment programs as the order of disposition;	8204

(c) A period of day reporting in which the child is required	8205
each day to report to and leave a center or another approved	8206
reporting location at specified times in order to participate in	8207
work, education or training, treatment, and other approved	8208
programs at the center or outside the center;	8209

(d) A period of community service of up to five hundred hours	8210
for an act that would be a felony or a misdemeanor of the first	8211
degree if committed by an adult, up to two hundred hours for an	8212
act that would be a misdemeanor of the second, third, or fourth	8213
degree if committed by an adult, or up to thirty hours for an act	8214
that would be a minor misdemeanor if committed by an adult;	8215

(e) A requirement that the child obtain a high school	8216
diploma, a certificate of high school equivalence, vocational	8217
training, or employment;	8218

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

8219

(g) A requirement of alcohol or drug assessment or	8220
counseling, or a period in an alcohol or drug treatment program	8221
with a level of security for the child as determined necessary by	8222
the court;	8223

(h) A period in which the court orders the child to observe a	8224
curfew that may involve daytime or evening hours;	8225

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

8226

(j) A period of house arrest with or without electronic	8227
monitoring;	8228

(k) A period of electronic monitoring without house arrest or	8229
electronically monitored house arrest that does not exceed the	8230
maximum sentence of imprisonment that could be imposed upon an	8231
adult who commits the same act.	8232

A period of electronically monitored house arrest imposed	8233
under this division shall not extend beyond the child's	8234
twenty-first birthday. If a court imposes a period of	8235
electronically monitored house arrest upon a child under this	8236
division, it shall require the child: to wear, otherwise have	8237
attached to the child's person, or otherwise be subject to	8238
monitoring by a certified electronic monitoring device or to	8239
participate in the operation of and monitoring by a certified	8240
electronic monitoring system; to remain in the child's home or	8241
other specified premises for the entire period of electronically	8242
monitored house arrest except when the court permits the child to	8243
leave those premises to go to school or to other specified	8244
premises; to be monitored by a central system that can determine	8245
the child's location at designated times; to report periodically	8246
to a person designated by the court; and to enter into a written	8247
contract with the court agreeing to comply with all requirements	8248
imposed by the court, agreeing to pay any fee imposed by the court	8249
for the costs of the electronically monitored house arrest, and	8250
agreeing to waive the right to receive credit for any time served	8251
on electronically monitored house arrest toward the period of any	8252
other dispositional order imposed upon the child if the child	8253
violates any of the requirements of the dispositional order of	8254
electronically monitored house arrest. The court also may impose	8255
other reasonable requirements upon the child.	8256

Unless ordered by the court, a child shall not receive credit	8257
for any time served on electronically monitored house arrest	8258
toward any other dispositional order imposed upon the child for	8259
the act for which was imposed the dispositional order of	8260
electronically monitored house arrest.	8261

(l) A suspension of the driver's license, probationary	8262
driver's license, or temporary instruction permit issued to the	8263
child for a period of time prescribed by the court, or a	8264
suspension of the registration of all motor vehicles registered in	8265
the name of the child for a period of time prescribed by the	8266
court. A child whose license or permit is so suspended is	8267
ineligible for issuance of a license or permit during the period	8268
of suspension. At the end of the period of suspension, the child	8269
shall not be reissued a license or permit until the child has paid	8270
any applicable reinstatement fee and complied with all	8271
requirements governing license reinstatement.	8272

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

8273

(5) Require the child to not be absent without legitimate	8274
excuse from the public school the child is supposed to attend for	8275
five or more consecutive days, seven or more school days in one	8276
school month, or twelve or more school days in a school year;	8277

(6)(a) If a child is adjudicated a delinquent child for being	8278
a chronic truant or an habitual truant who previously has been	8279
adjudicated an unruly child for being a habitual truant, do either	8280
or both of the following:	8281

(i) Require the child to participate in a truancy prevention	8282
mediation program;	8283

(ii) Make any order of disposition as authorized by this	8284
section, except that the court shall not commit the child to a	8285
facility described in division (A)(2) of this section unless the	8286
court determines that the child violated a lawful court order made	8287
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	8288
Code or division (A)(5) of this section.	8289

(b) If a child is adjudicated a delinquent child for being a	8290
chronic truant or a habitual truant who previously has been	8291
adjudicated an unruly child for being a habitual truant and the	8292
court determines that the parent, guardian, or other person having	8293
care of the child has failed to cause the child's attendance at	8294
school in violation of section 3321.38 of the Revised Code, do	8295
either or both of the following:	8296

(i) Require the parent, guardian, or other person having care	8297
of the child to participate in a truancy prevention mediation	8298
program;	8299

(ii) Require the parent, guardian, or other person having	8300
care of the child to participate in any community service program,	8301
preferably a community service program that requires the	8302
involvement of the parent, guardian, or other person having care	8303
of the child in the school attended by the child.	8304

(7) Make any further disposition that the court finds proper,	8305
except that the child shall not be placed in any of the following:	8306

(a) A state correctional institution, a county, multicounty,	8307
or municipal jail or workhouse, or another place in which an adult	8308
convicted of a crime, under arrest, or charged with a crime is	8309
held;	8310

(b) A community corrections facility, if the child would be	8311
covered by the definition of public safety beds for purposes of	8312
sections 5139.41 to 5139.45 of the Revised Code if the court	8313
exercised its authority to commit the child to the legal custody	8314
of the department of youth services for institutionalization or	8315
institutionalization in a secure facility pursuant to this	8316
chapter.	8317

(B) If a child is adjudicated a delinquent child, in addition	8318
to any order of disposition made under division (A) of this	8319
section, the court, in the following situations and for the	8320
specified periods of time, shall suspend the child's temporary	8321
instruction permit, restricted license, probationary driver's	8322
license, or nonresident operating privilege, or suspend the	8323
child's ability to obtain such a permit:	8324

(1) If the child is adjudicated a delinquent child for	8325
violating section 2923.122 of the Revised Code, impose a class	8326
four suspension of the child's license, permit, or privilege from	8327
the range specified in division (A)(4) of section 4510.02 of the	8328
Revised Code or deny the child the issuance of a license or permit	8329
in accordance with division (F)(1) of section 2923.122 of the	8330
Revised Code.	8331

(2) If the child is adjudicated a delinquent child for	8332
committing an act that if committed by an adult would be a drug	8333
abuse offense or for violating division (B) of section 2917.11 of	8334
the Revised Code, suspend the child's license, permit, or	8335
privilege for a period of time prescribed by the court. The court,	8336
in its discretion, may terminate the suspension if the child	8337
attends and satisfactorily completes a drug abuse or alcohol abuse	8338
education, intervention, or treatment program specified by the	8339
court. During the time the child is attending a program described	8340
in this division, the court shall retain the child's temporary	8341
instruction permit, probationary driver's license, or driver's	8342
license, and the court shall return the permit or license if it	8343
terminates the suspension as described in this division.	8344

(C) The court may establish a victim-offender mediation	8345
program in which victims and their offenders meet to discuss the	8346
offense and suggest possible restitution. If the court obtains the	8347
assent of the victim of the delinquent act committed by the child,	8348
the court may require the child to participate in the program.	8349

(D)(1) If a child is adjudicated a delinquent child for	8350
committing an act that would be a felony if committed by an adult	8351
and if the child caused, attempted to cause, threatened to cause,	8352
or created a risk of physical harm to the victim of the act, the	8353
court, prior to issuing an order of disposition under this	8354
section, shall order the preparation of a victim impact statement	8355
by the probation department of the county in which the victim of	8356
the act resides, by the court's own probation department, or by a	8357
victim assistance program that is operated by the state, a county,	8358
a municipal corporation, or another governmental entity. The court	8359
shall consider the victim impact statement in determining the	8360
order of disposition to issue for the child.	8361

(2) Each victim impact statement shall identify the victim of	8362
the act for which the child was adjudicated a delinquent child,	8363
itemize any economic loss suffered by the victim as a result of	8364
the act, identify any physical injury suffered by the victim as a	8365
result of the act and the seriousness and permanence of the	8366
injury, identify any change in the victim's personal welfare or	8367
familial relationships as a result of the act and any	8368
psychological impact experienced by the victim or the victim's	8369
family as a result of the act, and contain any other information	8370
related to the impact of the act upon the victim that the court	8371
requires.	8372

(3) A victim impact statement shall be kept confidential and	8373
is not a public record. However, the court may furnish copies of	8374
the statement to the department of youth services if the	8375
delinquent child is committed to the department or to both the	8376
adjudicated delinquent child or the adjudicated delinquent child's	8377
counsel and the prosecuting attorney. The copy of a victim impact	8378
statement furnished by the court to the department pursuant to	8379
this section shall be kept confidential and is not a public	8380
record. If an officer is preparing pursuant to section 2947.06 or	8381
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	8382
investigation report pertaining to a person, the court shall make	8383
available to the officer, for use in preparing the report, a copy	8384
of any victim impact statement regarding that person. The copies	8385
of a victim impact statement that are made available to the	8386
adjudicated delinquent child or the adjudicated delinquent child's	8387
counsel and the prosecuting attorney pursuant to this division	8388
shall be returned to the court by the person to whom they were	8389
made available immediately following the imposition of an order of	8390
disposition for the child under this chapter.	8391

The copy of a victim impact statement that is made available	8392
pursuant to this division to an officer preparing a criminal	8393
presentence investigation report shall be returned to the court by	8394
the officer immediately following its use in preparing the report.	8395

(4) The department of youth services shall work with local	8396
probation departments and victim assistance programs to develop a	8397
standard victim impact statement.	8398

(E) If a child is adjudicated a delinquent child for being a	8399
chronic truant or an habitual truant who previously has been	8400
adjudicated an unruly child for being an habitual truant and the	8401
court determines that the parent, guardian, or other person having	8402
care of the child has failed to cause the child's attendance at	8403
school in violation of section 3321.38 of the Revised Code, in	8404
addition to any order of disposition it makes under this section,	8405
the court shall warn the parent, guardian, or other person having	8406
care of the child that any subsequent adjudication of the child as	8407
an unruly or delinquent child for being an habitual or chronic	8408
truant may result in a criminal charge against the parent,	8409
guardian, or other person having care of the child for a violation	8410
of division (C) of section 2919.21 or section 2919.24 of the	8411
Revised Code.	8412

(F)(1) During the period of a delinquent child's community	8413
control granted under this section, authorized probation officers	8414
who are engaged within the scope of their supervisory duties or	8415
responsibilities may search, with or without a warrant, the person	8416
of the delinquent child, the place of residence of the delinquent	8417
child, and a motor vehicle, another item of tangible or intangible	8418
personal property, or other real property in which the delinquent	8419
child has a right, title, or interest or for which the delinquent	8420
child has the express or implied permission of a person with a	8421
right, title, or interest to use, occupy, or possess if the	8422
probation officers have reasonable grounds to believe that the	8423
delinquent child is not abiding by the law or otherwise is not	8424
complying with the conditions of the delinquent child's community	8425
control. The court that places a delinquent child on community	8426
control under this section shall provide the delinquent child with	8427
a written notice that informs the delinquent child that authorized	8428
probation officers who are engaged within the scope of their	8429
supervisory duties or responsibilities may conduct those types of	8430
searches during the period of community control if they have	8431
reasonable grounds to believe that the delinquent child is not	8432
abiding by the law or otherwise is not complying with the	8433
conditions of the delinquent child's community control. The court	8434
also shall provide the written notice described in division (E)(2)	8435
of this section to each parent, guardian, or custodian of the	8436
delinquent child who is described in that division.	8437

(2) The court that places a child on community control under	8438
this section shall provide the child's parent, guardian, or other	8439
custodian with a written notice that informs them that authorized	8440
probation officers may conduct searches pursuant to division	8441
(E)(1) of this section. The notice shall specifically state that a	8442
permissible search might extend to a motor vehicle, another item	8443
of tangible or intangible personal property, or a place of	8444
residence or other real property in which a notified parent,	8445
guardian, or custodian has a right, title, or interest and that	8446
the parent, guardian, or custodian expressly or impliedly permits	8447
the child to use, occupy, or possess.	8448

(G) If a juvenile court commits a delinquent child to the	8449
custody of any person, organization, or entity pursuant to this	8450
section and if the delinquent act for which the child is so	8451
committed is either a sexually oriented offense that is not a	8452
registration-exempt sexually oriented offense or a child-victim	8453
oriented offense, the court in the order of disposition shall do	8454
one of the following:	8455

(1) Require that the child be provided treatment as described	8456
in division (A)(2) of section 5139.13 of the Revised Code;	8457

(2) Inform the person, organization, or entity that it is the	8458
preferred course of action in this state that the child be	8459
provided treatment as described in division (A)(2) of section	8460
5139.13 of the Revised Code and encourage the person,	8461
organization, or entity to provide that treatment.	8462

Sec. 2929.01.  As used in this chapter:

8463

(A)(1) "Alternative residential facility" means, subject to	8464
division (A)(2) of this section, any facility other than an	8465
offender's home or residence in which an offender is assigned to	8466
live and that satisfies all of the following criteria:	8467

(a) It provides programs through which the offender may seek	8468
or maintain employment or may receive education, training,	8469
treatment, or habilitation.	8470

(b) It has received the appropriate license or certificate	8471
for any specialized education, training, treatment, habilitation,	8472
or other service that it provides from the government agency that	8473
is responsible for licensing or certifying that type of education,	8474
training, treatment, habilitation, or service.	8475

(2) "Alternative residential facility" does not include a	8476
community-based correctional facility, jail, halfway house, or	8477
prison.	8478

(B) "Bad time" means the time by which the parole board	8479
administratively extends an offender's stated prison term or terms	8480
pursuant to section 2967.11 of the Revised Code because the parole	8481
board finds by clear and convincing evidence that the offender,	8482
while serving the prison term or terms, committed an act that is a	8483
criminal offense under the law of this state or the United States,	8484
whether or not the offender is prosecuted for the commission of	8485
that act.	8486

(C) "Basic probation supervision" means a requirement that	8487
the offender maintain contact with a person appointed to supervise	8488
the offender in accordance with sanctions imposed by the court or	8489
imposed by the parole board pursuant to section 2967.28 of the	8490
Revised Code. "Basic probation supervision" includes basic parole	8491
supervision and basic post-release control supervision.	8492

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	8493
"unit dose" have the same meanings as in section 2925.01 of the	8494
Revised Code.	8495

(E) "Community-based correctional facility" means a	8496
community-based correctional facility and program or district	8497
community-based correctional facility and program developed	8498
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	8499

(F) "Community control sanction" means a sanction that is not	8500
a prison term and that is described in section 2929.15, 2929.16,	8501
2929.17, or 2929.18 of the Revised Code.	8502

(G) "Controlled substance," "marihuana," "schedule I," and	8503
"schedule II" have the same meanings as in section 3719.01 of the	8504
Revised Code.	8505

(H) "Curfew" means a requirement that an offender during a	8506
specified period of time be at a designated place.	8507

(I) "Day reporting" means a sanction pursuant to which an	8508
offender is required each day to report to and leave a center or	8509
other approved reporting location at specified times in order to	8510
participate in work, education or training, treatment, and other	8511
approved programs at the center or outside the center.	8512

(J) "Deadly weapon" has the same meaning as in section	8513
2923.11 of the Revised Code.	8514

(K) "Drug and alcohol use monitoring" means a program under	8515
which an offender agrees to submit to random chemical analysis of	8516
the offender's blood, breath, or urine to determine whether the	8517
offender has ingested any alcohol or other drugs.	8518

(L) "Drug treatment program" means any program under which a	8519
person undergoes assessment and treatment designed to reduce or	8520
completely eliminate the person's physical or emotional reliance	8521
upon alcohol, another drug, or alcohol and another drug and under	8522
which the person may be required to receive assessment and	8523
treatment on an outpatient basis or may be required to reside at a	8524
facility other than the person's home or residence while	8525
undergoing assessment and treatment.	8526

(M) "Economic loss" means any economic detriment suffered by	8527
a victim as a result of the commission of a felony and includes	8528
any loss of income due to lost time at work because of any injury	8529
caused to the victim, and any property loss, medical cost, or	8530
funeral expense incurred as a result of the commission of the	8531
felony.	8532

(N) "Education or training" includes study at, or in	8533
conjunction with a program offered by, a university, college, or	8534
technical college or vocational study and also includes the	8535
completion of primary school, secondary school, and literacy	8536
curricula or their equivalent.	8537

(O) "Electronically monitored house arrest" has the same	8538
meaning as in section 2929.23 of the Revised Code.	8539

(P) "Eligible offender" has the same meaning as in section	8540
2929.23 of the Revised Code except as otherwise specified in	8541
section 2929.20 of the Revised Code.	8542

(Q) "Firearm" has the same meaning as in section 2923.11 of	8543
the Revised Code.	8544

(R) "Halfway house" means a facility licensed by the division	8545
of parole and community services of the department of	8546
rehabilitation and correction pursuant to section 2967.14 of the	8547
Revised Code as a suitable facility for the care and treatment of	8548
adult offenders.	8549

(S) "House arrest" means a period of confinement of an	8550
eligible offender that is in the eligible offender's home or in	8551
other premises specified by the sentencing court or by the parole	8552
board pursuant to section 2967.28 of the Revised Code, that may be	8553
electronically monitored house arrest, and during which all of the	8554
following apply:	8555

(1) The eligible offender is required to remain in the	8556
eligible offender's home or other specified premises for the	8557
specified period of confinement, except for periods of time during	8558
which the eligible offender is at the eligible offender's place of	8559
employment or at other premises as authorized by the sentencing	8560
court or by the parole board.	8561

(2) The eligible offender is required to report periodically	8562
to a person designated by the court or parole board.	8563

(3) The eligible offender is subject to any other	8564
restrictions and requirements that may be imposed by the	8565
sentencing court or by the parole board.	8566

(T) "Intensive probation supervision" means a requirement	8567
that an offender maintain frequent contact with a person appointed	8568
by the court, or by the parole board pursuant to section 2967.28	8569
of the Revised Code, to supervise the offender while the offender	8570
is seeking or maintaining necessary employment and participating	8571
in training, education, and treatment programs as required in the	8572
court's or parole board's order. "Intensive probation supervision"	8573
includes intensive parole supervision and intensive post-release	8574
control supervision.	8575

(U) "Jail" means a jail, workhouse, minimum security jail, or	8576
other residential facility used for the confinement of alleged or	8577
convicted offenders that is operated by a political subdivision or	8578
a combination of political subdivisions of this state.	8579

(V) "Delinquent child" has the same meaning as in section	8580
2152.02 of the Revised Code.	8581

(W) "License violation report" means a report that is made by	8582
a sentencing court, or by the parole board pursuant to section	8583
2967.28 of the Revised Code, to the regulatory or licensing board	8584
or agency that issued an offender a professional license or a	8585
license or permit to do business in this state and that specifies	8586
that the offender has been convicted of or pleaded guilty to an	8587
offense that may violate the conditions under which the offender's	8588
professional license or license or permit to do business in this	8589
state was granted or an offense for which the offender's	8590
professional license or license or permit to do business in this	8591
state may be revoked or suspended.	8592

(X) "Major drug offender" means an offender who is convicted	8593
of or pleads guilty to the possession of, sale of, or offer to	8594
sell any drug, compound, mixture, preparation, or substance that	8595
consists of or contains at least one thousand grams of hashish; at	8596
least one hundred grams of crack cocaine; at least one thousand	8597
grams of cocaine that is not crack cocaine; at least two thousand	8598
five hundred unit doses or two hundred fifty grams of heroin; at	8599
least five thousand unit doses of L.S.D. or five hundred grams of	8600
L.S.D. in a liquid concentrate, liquid extract, or liquid	8601
distillate form; or at least one hundred times the amount of any	8602
other schedule I or II controlled substance other than marihuana	8603
that is necessary to commit a felony of the third degree pursuant	8604
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	8605
Code that is based on the possession of, sale of, or offer to sell	8606
the controlled substance.	8607

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

8608

(1) Subject to division (Y)(2) of this section, the term in	8609
prison that must be imposed for the offenses or circumstances set	8610
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	8611
division (D) of section 2929.14 of the Revised Code. Except as	8612
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	8613
2925.11 of the Revised Code, unless the maximum or another	8614
specific term is required under section 2929.14 of the Revised	8615
Code, a mandatory prison term described in this division may be	8616
any prison term authorized for the level of offense.	8617

(2) The term of sixty or one hundred twenty days in prison	8618
that a sentencing court is required to impose for a third or	8619
fourth degree felony OVI offense pursuant to division (G)(2) of	8620
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	8621
of the Revised Code.	8622

(3) The term in prison imposed pursuant to section 2971.03 of	8623
the Revised Code for the offenses and in the circumstances	8624
described in division (F)(11) of section 2929.13 of the Revised	8625
Code and that term as modified or terminated pursuant to section	8626
2971.05 of the Revised Code.	8627

(Z) "Monitored time" means a period of time during which an	8628
offender continues to be under the control of the sentencing court	8629
or parole board, subject to no conditions other than leading a	8630
law-abiding life.	8631

(AA) "Offender" means a person who, in this state, is	8632
convicted of or pleads guilty to a felony or a misdemeanor.	8633

(BB) "Prison" means a residential facility used for the	8634
confinement of convicted felony offenders that is under the	8635
control of the department of rehabilitation and correction but	8636
does not include a violation sanction center operated under	8637
authority of section 2967.141 of the Revised Code.	8638

(CC) "Prison term" includes any of the following sanctions	8639
for an offender:	8640

(1) A stated prison term;

8641

(2) A term in a prison shortened by, or with the approval of,	8642
the sentencing court pursuant to section 2929.20, 2967.26,	8643
5120.031, 5120.032, or 5120.073 of the Revised Code;	8644

(3) A term in prison extended by bad time imposed pursuant to	8645
section 2967.11 of the Revised Code or imposed for a violation of	8646
post-release control pursuant to section 2967.28 of the Revised	8647
Code.	8648

(DD) "Repeat violent offender" means a person about whom both	8649
of the following apply:	8650

(1) The person has been convicted of or has pleaded guilty	8651
to, and is being sentenced for committing, for complicity in	8652
committing, or for an attempt to commit, aggravated murder,	8653
murder, involuntary manslaughter, a felony of the first degree	8654
other than one set forth in Chapter 2925. of the Revised Code, a	8655
felony of the first degree set forth in Chapter 2925. of the	8656
Revised Code that involved an attempt to cause serious physical	8657
harm to a person or that resulted in serious physical harm to a	8658
person, or a felony of the second degree that involved an attempt	8659
to cause serious physical harm to a person or that resulted in	8660
serious physical harm to a person.	8661

(2) Either of the following applies:

8662

(a) The person previously was convicted of or pleaded guilty	8663
to, and previously served or, at the time of the offense was	8664
serving, a prison term for, any of the following:	8665

(i) Aggravated murder, murder, involuntary manslaughter,	8666
rape, felonious sexual penetration as it existed under section	8667
2907.12 of the Revised Code prior to September 3, 1996, a felony	8668
of the first or second degree that resulted in the death of a	8669
person or in physical harm to a person, or complicity in or an	8670
attempt to commit any of those offenses;	8671

(ii) An offense under an existing or former law of this	8672
state, another state, or the United States that is or was	8673
substantially equivalent to an offense listed under division	8674
(DD)(2)(a)(i) of this section and that resulted in the death of a	8675
person or in physical harm to a person.	8676

(b) The person previously was adjudicated a delinquent child	8677
for committing an act that if committed by an adult would have	8678
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	8679
section, the person was committed to the department of youth	8680
services for that delinquent act.	8681

(EE) "Sanction" means any penalty imposed upon an offender	8682
who is convicted of or pleads guilty to an offense, as punishment	8683
for the offense. "Sanction" includes any sanction imposed pursuant	8684
to any provision of sections 2929.14 to 2929.18 of the Revised	8685
Code.	8686

(FF) "Sentence" means the sanction or combination of	8687
sanctions imposed by the sentencing court on an offender who is	8688
convicted of or pleads guilty to a felony.	8689

(GG) "Stated prison term" means the prison term, mandatory	8690
prison term, or combination of all prison terms and mandatory	8691
prison terms imposed by the sentencing court pursuant to section	8692
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	8693
includes any credit received by the offender for time spent in	8694
jail awaiting trial, sentencing, or transfer to prison for the	8695
offense and any time spent under house arrest or electronically	8696
monitored house arrest imposed after earning credits pursuant to	8697
section 2967.193 of the Revised Code.	8698

(HH) "Victim-offender mediation" means a reconciliation or	8699
mediation program that involves an offender and the victim of the	8700
offense committed by the offender and that includes a meeting in	8701
which the offender and the victim may discuss the offense, discuss	8702
restitution, and consider other sanctions for the offense.	8703

(II) "Fourth degree felony OVI offense" means a violation of	8704
division (A) of section 4511.19 of the Revised Code that, under	8705
division (G) of that section, is a felony of the fourth degree.	8706

(JJ) "Mandatory term of local incarceration" means the term	8707
of sixty or one hundred twenty days in a jail, a community-based	8708
correctional facility, a halfway house, or an alternative	8709
residential facility that a sentencing court may impose upon a	8710
person who is convicted of or pleads guilty to a fourth degree	8711
felony OVI offense pursuant to division (G)(1) of section 2929.13	8712
of the Revised Code and division (G)(1)(d) or (e) of section	8713
4511.19 of the Revised Code.	8714

(KK) "Designated homicide, assault, or kidnapping offense,"	8715
"sexual motivation specification," "sexually violent offense,"	8716
"sexually violent predator," and "sexually violent predator	8717
specification" have the same meanings as in section 2971.01 of the	8718
Revised Code.	8719

(LL) "Habitual sex offender," "sexually oriented offense,"	8720
and "sexual predator," "registration-exempt sexually oriented	8721
offense," "child-victim oriented offense," "habitual child-victim	8722
offender," and "child-victim predator" have the same meanings as	8723
in section 2950.01 of the Revised Code.	8724

(MM) An offense is "committed in the vicinity of a child" if	8725
the offender commits the offense within thirty feet of or within	8726
the same residential unit as a child who is under eighteen years	8727
of age, regardless of whether the offender knows the age of the	8728
child or whether the offender knows the offense is being committed	8729
within thirty feet of or within the same residential unit as the	8730
child and regardless of whether the child actually views the	8731
commission of the offense.	8732

(NN) "Family or household member" has the same meaning as in	8733
section 2919.25 of the Revised Code.	8734

(OO) "Motor vehicle" and "manufactured home" have the same	8735
meanings as in section 4501.01 of the Revised Code.	8736

(PP) "Detention" and "detention facility" have the same	8737
meanings as in section 2921.01 of the Revised Code.	8738

(QQ) "Third degree felony OVI offense" means a violation of	8739
division (A) of section 4511.19 of the Revised Code that, under	8740
division (G) of that section, is a felony of the third degree.	8741

(RR) "Random drug testing" has the same meaning as in section	8742
5120.63 of the Revised Code.	8743

(SS) "Felony sex offense" has the same meaning as in section	8744
2957.28 of the Revised Code.	8745

(TT) "Body armor" has the same meaning as in section	8746
2941.1411 of the Revised Code.	8747

Sec. 2929.13.  (A) Except as provided in division (E), (F),	8748
or (G) of this section and unless a specific sanction is required	8749
to be imposed or is precluded from being imposed pursuant to law,	8750
a court that imposes a sentence upon an offender for a felony may	8751
impose any sanction or combination of sanctions on the offender	8752
that are provided in sections 2929.14 to 2929.18 of the Revised	8753
Code. The sentence shall not impose an unnecessary burden on state	8754
or local government resources.	8755

If the offender is eligible to be sentenced to community	8756
control sanctions, the court shall consider the appropriateness of	8757
imposing a financial sanction pursuant to section 2929.18 of the	8758
Revised Code or a sanction of community service pursuant to	8759
section 2929.17 of the Revised Code as the sole sanction for the	8760
offense. Except as otherwise provided in this division, if the	8761
court is required to impose a mandatory prison term for the	8762
offense for which sentence is being imposed, the court also may	8763
impose a financial sanction pursuant to section 2929.18 of the	8764
Revised Code but may not impose any additional sanction or	8765
combination of sanctions under section 2929.16 or 2929.17 of the	8766
Revised Code.	8767

If the offender is being sentenced for a fourth degree felony	8768
OVI offense or for a third degree felony OVI offense, in addition	8769
to the mandatory term of local incarceration or the mandatory	8770
prison term required for the offense by division (G)(1) or (2) of	8771
this section, the court shall impose upon the offender a mandatory	8772
fine in accordance with division (B)(3) of section 2929.18 of the	8773
Revised Code and may impose whichever of the following is	8774
applicable:	8775

(1) For a fourth degree felony OVI offense for which sentence	8776
is imposed under division (G)(1) of this section, an additional	8777
community control sanction or combination of community control	8778
sanctions under section 2929.16 or 2929.17 of the Revised Code;	8779

(2) For a third or fourth degree felony OVI offense for which	8780
sentence is imposed under division (G)(2) of this section, an	8781
additional prison term as described in division (D)(4) of section	8782
2929.14 of the Revised Code.	8783

(B)(1) Except as provided in division (B)(2), (E), (F), or	8784
(G) of this section, in sentencing an offender for a felony of the	8785
fourth or fifth degree, the sentencing court shall determine	8786
whether any of the following apply:	8787

(a) In committing the offense, the offender caused physical	8788
harm to a person.	8789

(b) In committing the offense, the offender attempted to	8790
cause or made an actual threat of physical harm to a person with a	8791
deadly weapon.	8792

(c) In committing the offense, the offender attempted to	8793
cause or made an actual threat of physical harm to a person, and	8794
the offender previously was convicted of an offense that caused	8795
physical harm to a person.	8796

(d) The offender held a public office or position of trust	8797
and the offense related to that office or position; the offender's	8798
position obliged the offender to prevent the offense or to bring	8799
those committing it to justice; or the offender's professional	8800
reputation or position facilitated the offense or was likely to	8801
influence the future conduct of others.	8802

(e) The offender committed the offense for hire or as part of	8803
an organized criminal activity.	8804

(f) The offense is a sex offense that is a fourth or fifth	8805
degree felony violation of section 2907.03, 2907.04, 2907.05,	8806
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	8807
Revised Code.	8808

(g) The offender at the time of the offense was serving, or	8809
the offender previously had served, a prison term.	8810

(h) The offender committed the offense while under a	8811
community control sanction, while on probation, or while released	8812
from custody on a bond or personal recognizance.	8813

(i) The offender committed the offense while in possession of	8814
a firearm.	8815

(2)(a) If the court makes a finding described in division	8816
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	8817
section and if the court, after considering the factors set forth	8818
in section 2929.12 of the Revised Code, finds that a prison term	8819
is consistent with the purposes and principles of sentencing set	8820
forth in section 2929.11 of the Revised Code and finds that the	8821
offender is not amenable to an available community control	8822
sanction, the court shall impose a prison term upon the offender.	8823

(b) Except as provided in division (E), (F), or (G) of this	8824
section, if the court does not make a finding described in	8825
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	8826
this section and if the court, after considering the factors set	8827
forth in section 2929.12 of the Revised Code, finds that a	8828
community control sanction or combination of community control	8829
sanctions is consistent with the purposes and principles of	8830
sentencing set forth in section 2929.11 of the Revised Code, the	8831
court shall impose a community control sanction or combination of	8832
community control sanctions upon the offender.	8833

(C) Except as provided in division (E), (F), or (G) of this	8834
section, in determining whether to impose a prison term as a	8835
sanction for a felony of the third degree or a felony drug offense	8836
that is a violation of a provision of Chapter 2925. of the Revised	8837
Code and that is specified as being subject to this division for	8838
purposes of sentencing, the sentencing court shall comply with the	8839
purposes and principles of sentencing under section 2929.11 of the	8840
Revised Code and with section 2929.12 of the Revised Code.	8841

(D) Except as provided in division (E) or (F) of this	8842
section, for a felony of the first or second degree and for a	8843
felony drug offense that is a violation of any provision of	8844
Chapter 2925., 3719., or 4729. of the Revised Code for which a	8845
presumption in favor of a prison term is specified as being	8846
applicable, it is presumed that a prison term is necessary in	8847
order to comply with the purposes and principles of sentencing	8848
under section 2929.11 of the Revised Code. Notwithstanding the	8849
presumption established under this division, the sentencing court	8850
may impose a community control sanction or a combination of	8851
community control sanctions instead of a prison term on an	8852
offender for a felony of the first or second degree or for a	8853
felony drug offense that is a violation of any provision of	8854
Chapter 2925., 3719., or 4729. of the Revised Code for which a	8855
presumption in favor of a prison term is specified as being	8856
applicable if it makes both of the following findings:	8857

(1) A community control sanction or a combination of	8858
community control sanctions would adequately punish the offender	8859
and protect the public from future crime, because the applicable	8860
factors under section 2929.12 of the Revised Code indicating a	8861
lesser likelihood of recidivism outweigh the applicable factors	8862
under that section indicating a greater likelihood of recidivism.	8863

(2) A community control sanction or a combination of	8864
community control sanctions would not demean the seriousness of	8865
the offense, because one or more factors under section 2929.12 of	8866
the Revised Code that indicate that the offender's conduct was	8867
less serious than conduct normally constituting the offense are	8868
applicable, and they outweigh the applicable factors under that	8869
section that indicate that the offender's conduct was more serious	8870
than conduct normally constituting the offense.	8871

(E)(1) Except as provided in division (F) of this section,	8872
for any drug offense that is a violation of any provision of	8873
Chapter 2925. of the Revised Code and that is a felony of the	8874
third, fourth, or fifth degree, the applicability of a presumption	8875
under division (D) of this section in favor of a prison term or of	8876
division (B) or (C) of this section in determining whether to	8877
impose a prison term for the offense shall be determined as	8878
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	8879
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	8880
Revised Code, whichever is applicable regarding the violation.	8881

(2) If an offender who was convicted of or pleaded guilty to	8882
a felony violates the conditions of a community control sanction	8883
imposed for the offense solely by reason of producing positive	8884
results on a drug test, the court, as punishment for the violation	8885
of the sanction, shall not order that the offender be imprisoned	8886
unless the court determines on the record either of the following:	8887

(a) The offender had been ordered as a sanction for the	8888
felony to participate in a drug treatment program, in a drug	8889
education program, or in narcotics anonymous or a similar program,	8890
and the offender continued to use illegal drugs after a reasonable	8891
period of participation in the program.	8892

(b) The imprisonment of the offender for the violation is	8893
consistent with the purposes and principles of sentencing set	8894
forth in section 2929.11 of the Revised Code.	8895

(F) Notwithstanding divisions (A) to (E) of this section, the	8896
court shall impose a prison term or terms under sections 2929.02	8897
to 2929.06, section 2929.14, or section 2971.03 of the Revised	8898
Code and except as specifically provided in section 2929.20 or	8899
2967.191 of the Revised Code or when parole is authorized for the	8900
offense under section 2967.13 of the Revised Code shall not reduce	8901
the terms pursuant to section 2929.20, section 2967.193, or any	8902
other provision of Chapter 2967. or Chapter 5120. of the Revised	8903
Code for any of the following offenses:	8904

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

8905

(2) Any rape, regardless of whether force was involved and	8906
regardless of the age of the victim, or an attempt to commit rape	8907
if, had the offender completed the rape that was attempted, the	8908
offender would have been subject to a sentence of life	8909
imprisonment or life imprisonment without parole for the rape;	8910

(3) Gross sexual imposition or sexual battery, if the victim	8911
is under thirteen years of age, if the offender previously was	8912
convicted of or pleaded guilty to rape, the former offense of	8913
felonious sexual penetration, gross sexual imposition, or sexual	8914
battery, and if the victim of the previous offense was under	8915
thirteen years of age;	8916

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	8917
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	8918
requires the imposition of a prison term;	8919

(5) A first, second, or third degree felony drug offense for	8920
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	8921
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	8922
4729.99 of the Revised Code, whichever is applicable regarding the	8923
violation, requires the imposition of a mandatory prison term;	8924

(6) Any offense that is a first or second degree felony and	8925
that is not set forth in division (F)(1), (2), (3), or (4) of this	8926
section, if the offender previously was convicted of or pleaded	8927
guilty to aggravated murder, murder, any first or second degree	8928
felony, or an offense under an existing or former law of this	8929
state, another state, or the United States that is or was	8930
substantially equivalent to one of those offenses;	8931

(7) Any offense that is a third degree felony and that is	8932
listed in division (DD)(1) of section 2929.01 of the Revised Code	8933
if the offender previously was convicted of or pleaded guilty to	8934
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	8935
section 2929.01 of the Revised Code;	8936

(8) Any offense, other than a violation of section 2923.12 of	8937
the Revised Code, that is a felony, if the offender had a firearm	8938
on or about the offender's person or under the offender's control	8939
while committing the felony, with respect to a portion of the	8940
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	8941
of the Revised Code for having the firearm;	8942

(9) Any offense of violence that is a felony, if the offender	8943
wore or carried body armor while committing the felony offense of	8944
violence, with respect to the portion of the sentence imposed	8945
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	8946
Code for wearing or carrying the body armor;	8947

(10) Corrupt activity in violation of section 2923.32 of the	8948
Revised Code when the most serious offense in the pattern of	8949
corrupt activity that is the basis of the offense is a felony of	8950
the first degree;	8951

(11) Any sexually violent offense for which the offender also	8952
is convicted of or pleads guilty to a sexually violent predator	8953
specification that was included in the indictment, count in the	8954
indictment, or information charging the sexually violent offense;	8955

(12) A violation of division (A)(1) or (2) of section 2921.36	8956
of the Revised Code, or a violation of division (C) of that	8957
section involving an item listed in division (A)(1) or (2) of that	8958
section, if the offender is an officer or employee of the	8959
department of rehabilitation and correction.	8960

(G) Notwithstanding divisions (A) to (E) of this section, if	8961
an offender is being sentenced for a fourth degree felony OVI	8962
offense or for a third degree felony OVI offense, the court shall	8963
impose upon the offender a mandatory term of local incarceration	8964
or a mandatory prison term in accordance with the following:	8965

(1) If the offender is being sentenced for a fourth degree	8966
felony OVI offense, the court may impose upon the offender a	8967
mandatory term of local incarceration of sixty days or one hundred	8968
twenty days as specified in division (G)(1)(d) of section 4511.19	8969
of the Revised Code. The court shall not reduce the term pursuant	8970
to section 2929.20, 2967.193, or any other provision of the	8971
Revised Code. The court that imposes a mandatory term of local	8972
incarceration under this division shall specify whether the term	8973
is to be served in a jail, a community-based correctional	8974
facility, a halfway house, or an alternative residential facility,	8975
and the offender shall serve the term in the type of facility	8976
specified by the court. A mandatory term of local incarceration	8977
imposed under division (G)(1) of this section is not subject to	8978
extension under section 2967.11 of the Revised Code, to a period	8979
of post-release control under section 2967.28 of the Revised Code,	8980
or to any other Revised Code provision that pertains to a prison	8981
term.	8982

(2) If the offender is being sentenced for a third degree	8983
felony OVI offense, or if the offender is being sentenced for a	8984
fourth degree felony OVI offense and the court does not impose a	8985
mandatory term of local incarceration under division (G)(1) of	8986
this section, the court shall impose upon the offender a mandatory	8987
prison term of sixty days or one hundred twenty days as specified	8988
in division (G)(1)(e) of section 4511.19 of the Revised Code. The	8989
court shall not reduce the term pursuant to section 2929.20,	8990
2967.193, or any other provision of the Revised Code. In no case	8991
shall an offender who once has been sentenced to a mandatory term	8992
of local incarceration pursuant to division (G)(1) of this section	8993
for a fourth degree felony OVI offense be sentenced to another	8994
mandatory term of local incarceration under that division for any	8995
violation of division (A) of section 4511.19 of the Revised Code.	8996
The court shall not sentence the offender to a community control	8997
sanction under section 2929.16 or 2929.17 of the Revised Code. The	8998
department of rehabilitation and correction may place an offender	8999
sentenced to a mandatory prison term under this division in an	9000
intensive program prison established pursuant to section 5120.033	9001
of the Revised Code if the department gave the sentencing judge	9002
prior notice of its intent to place the offender in an intensive	9003
program prison established under that section and if the judge did	9004
not notify the department that the judge disapproved the	9005
placement. Upon the establishment of the initial intensive program	9006
prison pursuant to section 5120.033 of the Revised Code that is	9007
privately operated and managed by a contractor pursuant to a	9008
contract entered into under section 9.06 of the Revised Code, both	9009
of the following apply:	9010

(a) The department of rehabilitation and correction shall	9011
make a reasonable effort to ensure that a sufficient number of	9012
offenders sentenced to a mandatory prison term under this division	9013
are placed in the privately operated and managed prison so that	9014
the privately operated and managed prison has full occupancy.	9015

(b) Unless the privately operated and managed prison has full	9016
occupancy, the department of rehabilitation and correction shall	9017
not place any offender sentenced to a mandatory prison term under	9018
this division in any intensive program prison established pursuant	9019
to section 5120.033 of the Revised Code other than the privately	9020
operated and managed prison.	9021

(H) If an offender is being sentenced for a sexually oriented	9022
offense committed on or after January 1, 1997, the judge shall	9023
require the offender to submit to a DNA specimen collection	9024
procedure pursuant to section 2901.07 of the Revised Code if	9025
either of the following applies:	9026

(1) The offense was a sexually violent offense, and the	9027
offender also was convicted of or pleaded guilty to a sexually	9028
violent predator specification that was included in the	9029
indictment, count in the indictment, or information charging the	9030
sexually violent offense.	9031

(2) The judge imposing sentence for the sexually oriented	9032
offense determines pursuant to division (B) of section 2950.09 of	9033
the Revised Code that the offender is a sexual predator.	9034

(I) If an offender is being sentenced for a sexually oriented	9035
offense that is not a registration-exempt sexually oriented	9036
offense or for a child-victim oriented offense committed on or	9037
after January 1, 1997, the judge shall include in the sentence a	9038
summary of the offender's duty to register pursuant to section	9039
duties imposed under sections 2950.04 of the Revised Code, the	9040
offender's duty to provide notice of a change in residence address	9041
and register the new residence address pursuant to section,	9042
2950.041, 2950.05 of the Revised Code, the offender's duty to	9043
periodically verify the offender's current residence address	9044
pursuant to section, and 2950.06 of the Revised Code, and the	9045
duration of the duties. The judge shall inform the offender, at	9046
the time of sentencing, of those duties and of their duration and,	9047
if required under division (A)(2) of section 2950.03 of the	9048
Revised Code, shall perform the duties specified in that section.	9049

(J)(1) Except as provided in division (J)(2) of this section,	9050
when considering sentencing factors under this section in relation	9051
to an offender who is convicted of or pleads guilty to an attempt	9052
to commit an offense in violation of section 2923.02 of the	9053
Revised Code, the sentencing court shall consider the factors	9054
applicable to the felony category of the violation of section	9055
2923.02 of the Revised Code instead of the factors applicable to	9056
the felony category of the offense attempted.	9057

(2) When considering sentencing factors under this section in	9058
relation to an offender who is convicted of or pleads guilty to an	9059
attempt to commit a drug abuse offense for which the penalty is	9060
determined by the amount or number of unit doses of the controlled	9061
substance involved in the drug abuse offense, the sentencing court	9062
shall consider the factors applicable to the felony category that	9063
the drug abuse offense attempted would be if that drug abuse	9064
offense had been committed and had involved an amount or number of	9065
unit doses of the controlled substance that is within the next	9066
lower range of controlled substance amounts than was involved in	9067
the attempt.	9068

(K) As used in this section, "drug abuse offense" has the	9069
same meaning as in section 2925.01 of the Revised Code.	9070

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	9071
hearing before imposing a sentence under this chapter upon an	9072
offender who was convicted of or pleaded guilty to a felony and	9073
before resentencing an offender who was convicted of or pleaded	9074
guilty to a felony and whose case was remanded pursuant to section	9075
2953.07 or 2953.08 of the Revised Code. At the hearing, the	9076
offender, the prosecuting attorney, the victim or the victim's	9077
representative in accordance with section 2930.14 of the Revised	9078
Code, and, with the approval of the court, any other person may	9079
present information relevant to the imposition of sentence in the	9080
case. The court shall inform the offender of the verdict of the	9081
jury or finding of the court and ask the offender whether the	9082
offender has anything to say as to why sentence should not be	9083
imposed upon the offender.	9084

(2) Except as otherwise provided in this division, before	9085
imposing sentence on an offender who is being sentenced for a	9086
sexually oriented offense that was committed on or after January	9087
1, 1997, that is not a registration-exempt sexually oriented	9088
offense, and that is not a sexually violent offense, and before	9089
imposing sentence on an offender who is being sentenced for a	9090
sexually violent offense committed on or after January 1, 1997,	9091
and who was not charged with a sexually violent predator	9092
specification in the indictment, count in the indictment, or	9093
information charging the sexually violent offense, and before	9094
imposing sentence on or after May 7, 2002, on an offender who is	9095
being sentenced for a sexually oriented offense that is not a	9096
registration-exempt sexually oriented offense and who was	9097
acquitted of a sexually violent predator specification included in	9098
the indictment, count in the indictment, or information charging	9099
the sexually oriented offense, the court shall conduct a hearing	9100
in accordance with division (B) of section 2950.09 of the Revised	9101
Code to determine whether the offender is a sexual predator. The	9102
court shall not conduct a hearing under that division if the	9103
offender is being sentenced for a sexually violent offense and, if	9104
a sexually violent predator specification was included in the	9105
indictment, count in the indictment, or information charging the	9106
sexually violent offense, and if the offender was convicted of or	9107
pleaded guilty to that sexually violent predator specification.	9108
Before imposing sentence on an offender who is being sentenced for	9109
a sexually oriented offense that is not a registration-exempt	9110
sexually oriented offense, the court also shall comply with	9111
division (E) of section 2950.09 of the Revised Code.	9112

Before imposing sentence on or after the effective date of	9113
this amendment on an offender who is being sentenced for a	9114
child-victim oriented offense, regardless of when the offense was	9115
committed, the court shall conduct a hearing in accordance with	9116
division (B) of section 2950.091 of the Revised Code to determine	9117
whether the offender is a child-victim predator. Before imposing	9118
sentence on an offender who is being sentenced for a child-victim	9119
oriented offense, the court also shall comply with division (E) of	9120
section 2950.091 of the Revised Code.	9121

(B)(1) At the sentencing hearing, the court, before imposing	9122
sentence, shall consider the record, any information presented at	9123
the hearing by any person pursuant to division (A) of this	9124
section, and, if one was prepared, the presentence investigation	9125
report made pursuant to section 2951.03 of the Revised Code or	9126
Criminal Rule 32.2, and any victim impact statement made pursuant	9127
to section 2947.051 of the Revised Code.	9128

(2) The court shall impose a sentence and shall make a	9129
finding that gives its reasons for selecting the sentence imposed	9130
in any of the following circumstances:	9131

(a) Unless the offense is a sexually violent offense for	9132
which the court is required to impose sentence pursuant to	9133
division (G) of section 2929.14 of the Revised Code, if it imposes	9134
a prison term for a felony of the fourth or fifth degree or for a	9135
felony drug offense that is a violation of a provision of Chapter	9136
2925. of the Revised Code and that is specified as being subject	9137
to division (B) of section 2929.13 of the Revised Code for	9138
purposes of sentencing, its reasons for imposing the prison term,	9139
based upon the overriding purposes and principles of felony	9140
sentencing set forth in section 2929.11 of the Revised Code, and	9141
any factors listed in divisions (B)(1)(a) to (i) of section	9142
2929.13 of the Revised Code that it found to apply relative to the	9143
offender.	9144

(b) If it does not impose a prison term for a felony of the	9145
first or second degree or for a felony drug offense that is a	9146
violation of a provision of Chapter 2925. of the Revised Code and	9147
for which a presumption in favor of a prison term is specified as	9148
being applicable, its reasons for not imposing the prison term and	9149
for overriding the presumption, based upon the overriding purposes	9150
and principles of felony sentencing set forth in section 2929.11	9151
of the Revised Code, and the basis of the findings it made under	9152
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	9153

(c) If it imposes consecutive sentences under section 2929.14	9154
of the Revised Code, its reasons for imposing the consecutive	9155
sentences;	9156

(d) If the sentence is for one offense and it imposes a	9157
prison term for the offense that is the maximum prison term	9158
allowed for that offense by division (A) of section 2929.14 of the	9159
Revised Code, its reasons for imposing the maximum prison term;	9160

(e) If the sentence is for two or more offenses arising out	9161
of a single incident and it imposes a prison term for those	9162
offenses that is the maximum prison term allowed for the offense	9163
of the highest degree by division (A) of section 2929.14 of the	9164
Revised Code, its reasons for imposing the maximum prison term.	9165

(3) Subject to division (B)(4) of this section, if the	9166
sentencing court determines at the sentencing hearing that a	9167
prison term is necessary or required, the court shall do all of	9168
the following:	9169

(a) Impose a stated prison term;

9170

(b) Notify the offender that, as part of the sentence, the	9171
parole board may extend the stated prison term for certain	9172
violations of prison rules for up to one-half of the stated prison	9173
term;	9174

(c) Notify the offender that the offender will be supervised	9175
under section 2967.28 of the Revised Code after the offender	9176
leaves prison if the offender is being sentenced for a felony of	9177
the first degree or second degree, for a felony sex offense, or	9178
for a felony of the third degree in the commission of which the	9179
offender caused or threatened to cause physical harm to a person;	9180

(d) Notify the offender that the offender may be supervised	9181
under section 2967.28 of the Revised Code after the offender	9182
leaves prison if the offender is being sentenced for a felony of	9183
the third, fourth, or fifth degree that is not subject to division	9184
(B)(3)(c) of this section;	9185

(e) Notify the offender that, if a period of supervision is	9186
imposed following the offender's release from prison, as described	9187
in division (B)(3)(c) or (d) of this section, and if the offender	9188
violates that supervision or a condition of post-release control	9189
imposed under division (B) of section 2967.131 of the Revised	9190
Code, the parole board may impose a prison term, as part of the	9191
sentence, of up to one-half of the stated prison term originally	9192
imposed upon the offender;	9193

(f) Require that the offender not ingest or be injected with	9194
a drug of abuse and submit to random drug testing as provided in	9195
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	9196
is applicable to the offender who is serving a prison term, and	9197
require that the results of the drug test administered under any	9198
of those sections indicate that the offender did not ingest or was	9199
not injected with a drug of abuse.	9200

(4) If the offender is being sentenced for a sexually violent	9201
offense that the offender committed on or after January 1, 1997,	9202
and the offender also is convicted of or pleads guilty to a	9203
sexually violent predator specification that was included in the	9204
indictment, count in the indictment, or information charging the	9205
sexually violent offense, if the offender is being sentenced for a	9206
sexually oriented offense that is not a registration-exempt	9207
sexually oriented offense and that the offender committed on or	9208
after January 1, 1997, and the court imposing the sentence has	9209
determined pursuant to division (B) of section 2950.09 of the	9210
Revised Code that the offender is a sexual predator, if the	9211
offender is being sentenced on or after the effective date of this	9212
amendment for a child-victim oriented offense and the court	9213
imposing the sentence has determined pursuant to division (B) of	9214
section 2950.091 of the Revised Code that the offender is a	9215
child-victim predator, or if the offender is being sentenced for	9216
an aggravated sexually oriented offense as defined in section	9217
2950.01 of the Revised Code that the offender committed on or	9218
after the effective date of this amendment, the court shall	9219
include in the offender's sentence a statement that the offender	9220
has been adjudicated as being a sexual predator, has been	9221
adjudicated a child-victim predator, or has been convicted of or	9222
pleaded guilty to an aggravated sexually oriented offense,	9223
whichever is applicable, and shall comply with the requirements of	9224
section 2950.03 of the Revised Code. Additionally, in the	9225
circumstances described in division (G) of section 2929.14 of the	9226
Revised Code, the court shall impose sentence on the offender as	9227
described in that division.	9228

(5) If the sentencing court determines at the sentencing	9229
hearing that a community control sanction should be imposed and	9230
the court is not prohibited from imposing a community control	9231
sanction, the court shall impose a community control sanction. The	9232
court shall notify the offender that, if the conditions of the	9233
sanction are violated, if the offender commits a violation of any	9234
law, or if the offender leaves this state without the permission	9235
of the court or the offender's probation officer, the court may	9236
impose a longer time under the same sanction, may impose a more	9237
restrictive sanction, or may impose a prison term on the offender	9238
and shall indicate the specific prison term that may be imposed as	9239
a sanction for the violation, as selected by the court from the	9240
range of prison terms for the offense pursuant to section 2929.14	9241
of the Revised Code.	9242

(6) Before imposing a financial sanction under section	9243
2929.18 of the Revised Code or a fine under section 2929.25 of the	9244
Revised Code, the court shall consider the offender's present and	9245
future ability to pay the amount of the sanction or fine.	9246

(7) If the sentencing court sentences the offender to a	9247
sanction of confinement pursuant to section 2929.14 or 2929.16 of	9248
the Revised Code that is to be served in a local detention	9249
facility, as defined in section 2929.35 of the Revised Code, and	9250
if the local detention facility is covered by a policy adopted	9251
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	9252
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	9253
and section 2929.37 of the Revised Code, both of the following	9254
apply:	9255

(a) The court shall specify both of the following as part of	9256
the sentence:	9257

(i) If the offender is presented with an itemized bill	9258
pursuant to section 2929.37 of the Revised Code for payment of the	9259
costs of confinement, the offender is required to pay the bill in	9260
accordance with that section.	9261

(ii) If the offender does not dispute the bill described in	9262
division (B)(7)(a)(i) of this section and does not pay the bill by	9263
the times specified in section 2929.37 of the Revised Code, the	9264
clerk of the court may issue a certificate of judgment against the	9265
offender as described in that section.	9266

(b) The sentence automatically includes any certificate of	9267
judgment issued as described in division (B)(7)(a)(ii) of this	9268
section.	9269

(C)(1) If the offender is being sentenced for a fourth degree	9270
felony OVI offense under division (G)(1) of section 2929.13 of the	9271
Revised Code, the court shall impose the mandatory term of local	9272
incarceration in accordance with that division, shall impose a	9273
mandatory fine in accordance with division (B)(3) of section	9274
2929.18 of the Revised Code, and, in addition, may impose	9275
additional sanctions as specified in sections 2929.15, 2929.16,	9276
2929.17, and 2929.18 of the Revised Code. The court shall not	9277
impose a prison term on the offender.	9278

(2) If the offender is being sentenced for a third or fourth	9279
degree felony OVI offense under division (G)(2) of section 2929.13	9280
of the Revised Code, the court shall impose the mandatory prison	9281
term in accordance with that division, shall impose a mandatory	9282
fine in accordance with division (B)(3) of section 2929.18 of the	9283
Revised Code, and, in addition, may impose an additional prison	9284
term as specified in section 2929.14 of the Revised Code. The	9285
court shall not impose any community control sanction on the	9286
offender.	9287

(D) The sentencing court, pursuant to division (K) of section	9288
2929.14 of the Revised Code, may recommend placement of the	9289
offender in a program of shock incarceration under section	9290
5120.031 of the Revised Code or an intensive program prison under	9291
section 5120.032 of the Revised Code, disapprove placement of the	9292
offender in a program or prison of that nature, or make no	9293
recommendation. If the court recommends or disapproves placement,	9294
it shall make a finding that gives its reasons for its	9295
recommendation or disapproval.	9296

Section 4. That the existing versions of sections 2152.19,	9297
2929.01, 2929.13, and 2929.19 of the Revised Code that are	9298
scheduled to take effect January 1, 2004, are hereby repealed.	9299

Section 5. Sections 3 and 4 of this act shall take effect	9300
January 1, 2004.	9301

Section 6. The provisions of this act are severable. If a	9302
codified or uncodified section of law contained in this act or a	9303
provision or application of such a section is held invalid, the	9304
invalidity does not affect any other codified or uncodified	9305
section of law contained in this act, or any related codified or	9306
uncodified section, or any provision or application of any such	9307
section, that can be given effect without the invalid section or	9308
provision or application.	9309

Section 7. (A) Section 2152.19 of the Revised Code is	9310
presented in Section 1 of this act as a composite of the section	9311
as amended by both Sub. H.B. 247 and Sub. H.B. 393 of the 124th	9312
General Assembly. Section 2919.24 of the Revised Code is presented	9313
in Section 1 of this act as a composite of the section as amended	9314
by Am. Sub. S.B. 3 of the 124th General Assembly and Am. Sub. S.B.	9315
179 of the 123rd General Assembly. Section 2929.13 of the Revised	9316
Code is presented in Section 1 of this act as a composite of the	9317
section as amended by both Am. Sub. H.B. 327 and Sub. H.B. 485 of	9318
the 124th General Assembly. Section 2929.19 of the Revised Code,	9319
effective until January 1, 2004, is presented in Section 1 of this	9320
act as a composite of the section as amended by both Sub. H.B. 170	9321
and Sub. H.B. 485 of the 124th General Assembly. Section 2950.08	9322
of the Revised Code is presented in Section 1 of this act as a	9323
composite of the section as amended by both Am. Sub. H.B. 180 and	9324
Am. Sub. S.B. 160 of the 121st General Assembly. The General	9325
Assembly, applying the principle stated in division (B) of section	9326
1.52 of the Revised Code that amendments are to be harmonized if	9327
reasonably capable of simultaneous operation, finds that the	9328
composites are the resulting versions of the sections in effect	9329
prior to the effective date of the sections as presented in	9330
Section 1 of this act.	9331

(B) Section 2929.13 of the Revised Code is presented in	9332
Section 3 of this act as a composite of the section as amended by	9333
Am. Sub. H.B. 327, Sub. H.B. 485, and Am. Sub. S.B. 123 of the	9334
124th General Assembly. Section 2929.19 of the Revised Code,	9335
effective January 1, 2004, is presented in Section 3 of this act	9336
as a composite of the section as amended by Sub. H.B. 170, Sub.	9337
H.B. 485, and Am. Sub. S.B. 123, all of the 124th General	9338
Assembly. The General Assembly, applying the principle stated in	9339
division (B) of section 1.52 of the Revised Code that amendments	9340
are to be harmonized if reasonably capable of simultaneous	9341
operation, finds that the composites are the resulting versions of	9342
the sections in effect prior to the effective date of the sections	9343
as presented in Section 3 of this act.	9344

Section 8. Sections 1923.01, 1923.02, 1923.051, 5321.01, and	9345
5321.03 of the Revised Code, as amended by this act, and sections	9346
2950.031 and 5321.051 of the Revised Code, as enacted by this act,	9347
apply to rental agreements entered into on or after the effective	9348
date of this act.	9349

Section 9. This act is hereby declared to be an emergency	9350
measure necessary for the immediate preservation of the public	9351
peace, health, and safety. The reason for such necessity is that	9352
it is crucial for this state to make the changes in this act as	9353
soon as possible, in order to expand the protections and	9354
information afforded residents of this state regarding offenders	9355
who commit sexually oriented offenses or child-victim oriented	9356
offenses and in order to comply with the federal Jacob Wetterling	9357
Crimes Against Children and Sexually Violent Offender Registration	9358
Act and standards adopted under that Act and receive related	9359
federal funding that is contingent upon compliance. Therefore,	9360
this act shall go into immediate effect.	9361